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Grace Child Care H-2019-0044 CUPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0044 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 operate an in-home daycare for up to eight (8) children for Grace Child Care, Located at 4374 N. Heritage View Ave. in the R-8 Zoning District, by Ruta Ruzoreza & Godefroid Ntawuyamara. Case No(s). H-2019-0044 For the Planning & Zoning Commission Hearing Date of: May 2, 2019 (Findings on May 16, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 2, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 2, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 2, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 2, 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 upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. Meridian City Council Meeting Agenda May 16, 2019 – Page 123 of 224 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0044 Page 2 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of May 2, 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 May 2, 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 May 2, 2019 Meridian City Council Meeting Agenda May 16, 2019 – Page 124 of 224 By action of the Planning & Zoning Commission at its regular meeting held on the day of QGkA 2019. COMMISSIONER JESSICA PERREAULT, CHAIRMAN COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN COMMISSIONER RHONDA MCCARVEL COMMISSIONER ANDREW SEAL COMMISSIONER LISA HOLLAND COMMISSIONER WILLIAM CASSINELLI COMMISSIONER REID OLSEN City Clerk VOTED VOTED G a VOTED VOTED VOTED vee. VOTED VOTED cdf/,„f Copy serv6d upon the Applicant, the Planning and Development Services divisions of the Community Development Department, the Public Works Department and the City Attorney. By: A�" -Dated:_6 City Clerk's Ofce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0044 Page 3 EXHIBIT A Page 1 HEARING DATE: 5/2/2019 TO: Planning & Zoning Commission FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0044 Grace Child Care LOCATION: 4374 N. Heritage View Ave., in the NE ¼ of Section 31, Township 4N., Range 1E. I. PROJECT DESCRIPTION The applicant requests a conditional use permit (CUP) for a group daycare for up to 12 children on 0.13 of an acre of land in the R-8 zoning district. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 0.13 Future Land Use Designation MDR Existing Land Use Single-family home Current Zoning R-8 Neighborhood meeting date; # of attendees: March 3, 2019; 8 attendees History (previous approvals) N/A Meridian City Council Meeting Agenda May 16, 2019 – Page 126 of 224 EXHIBIT A Page 2 B. Project Area Maps III. APPLICANT INFORMATION A. Applicants/Owners: Ruta Ruzoreza & Godefroid Ntawuyamara 4374 N. Heritage View Meridian, ID 83646 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda May 16, 2019 – Page 127 of 224 EXHIBIT A Page 3 IV. NOTICING Planning & Zoning Posting Date Newspaper Notification 4/12/2019 Radius notification mailed to properties within 300 feet 4/9/2019 Radius notification published on 4/22/2019 Nextdoor posting 4/9/2019 V. STAFF ANALYSIS The applicant requests a conditional use permit to operate a group daycare facility for up to 12 children, in a 2,061 square foot home in an R-8 zoning district as required by UDC Table 11-2A- 2. The UDC allows for up to 6 children in a family daycare with an accessory use permit in the R-8 zoning district; up to12 children are allowed in a group daycare but require conditional use permit approval in the R-8 zoning district. One of the main reasons for this requirement is the increased number of vehicle trips for the group daycare. There are specific use standards listed in UDC 11-4-3-9 that apply to daycare facilities in which the applicant shall comply (see below). The applicant previously operated a daycare approved for the care of up to 6 children in Boise City and proposes to expand that existing business at their new residence in Meridian. The applicant proposes to care for children aged one (1) day to 14 years old and will operate from 6 AM-11 PM. A. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): The proposed development promotes the following action items contained in the Comprehensive Plan:  “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) Since the proposed group daycare is located within a large residential subdivision, the proposed facility will be within walking distance of a large number of residences. This application would allow for up to 12 children at one time, providing a service to surrounding neighbors. B. Specific Use Standards (UDC 11-4-3): 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. Meridian City Council Meeting Agenda May 16, 2019 – Page 128 of 224 EXHIBIT A Page 4 The applicant proposes to care for up to 12 children at any one time and therefore is classified as a group daycare in accord with UDC 11-1A-1. 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. The home is located within the Razzberry Crossing Subdivision, on the corner of E. Star Dr. and N. Heritage View Ave. and has a two car garage and a concrete parking pad in front of the garage that fronts on Heritage View Ave. The garage will accommodate parking for the owner of the residence and will not be allowed for customer use. The dedicated discharge area is provided along the west side of the site; customers shall utilize the parking pad in front of the house or on-street parking when needed. The applicant plans to provide a pick-up and drop-off service for the majority of anticipated students. However, to guarantee safe discharge and pick-up, the applicant shall communicate where children are to be dropped off and picked up. 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. A maximum number of 12 children are allowed to be cared for at one time. The proposed hours of operation are from 6:00 am to 11:00 pm, Monday-Sunday. The specific use standards allow the facility to operate between the hours of 6:00 am to 11:00 pm, unless otherwise restricted by the Commission. 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 the issuance of a Certificate of Zoning Compliance. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. The applicant shall submit a copy of the background check and complete an inspection with the Fire Department prior to operating the daycare. 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 proposes to operate the facility between the hours 6:00 am to 11:00 pm. 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-6C 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 standard is not applicable to this application. However, a neighborhood meeting was held for the subject CUP application in accord with the standards in UDC 11- 5A-6C. Notice was provided to property owners within 300-feet of the subject property. 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. Meridian City Council Meeting Agenda May 16, 2019 – Page 129 of 224 EXHIBIT A Page 5 The applicant shall not provide care for more than 12 children at any one time. B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot (6') non- scalable fences to secure against exit/entry by small children and to screen abutting properties. The backyard to the home is enclosed with 6-foot privacy fencing, in accord with UDC standards. The applicant is not proposing to include outdoor play equipment at this time; however, these standard shall be observed, should they decide to install playground equipment for clients to utilize. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. The applicant is not proposing outdoor play equipment at this time. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. The applicant is not proposing outdoor play equipment at this time. C. Dimensional Standards (UDC 11-2): The dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district apply to this site. The current residence is in compliance with these standards; the proposed daycare will not impact dimensional standards. D. Parking (UDC 11-3C): Off-street parking is required to be provided for single-family dwellings in accord with the standards listed in UDC Table 11-3C-6. A two-car garage and space for two cars in front of the house on a parking pad currently exist at the residence. 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 does not apply. Since the arrival of children will likely be staggered and the applicants are planning to provide transportation for a majority of the children, the provided parking on site and along W. Torana Dr. should be sufficient. E. Fencing (UDC 11-3A-6, 11-3A-7): The backyard to the home is enclosed with 6-foot privacy fencing, in accord with specific use standards for daycare facilities in UDC 11-4-3-9. F. Certificate of Zoning Compliance (CZC) A CZC application is typically required to be submitted to the Planning Division for staff level review and approval of the proposed use as set forth in UDC 11-5B-1B after the conditional use permit is approved by the Commission to ensure the applicant complies with the aforementioned specific use standards. However, because staff has already determined that the applicant is in compliance with those standards, a CZC is not required to be submitted. Once the findings are approved for the subject CUP application, the applicant is allowed to commence the approved use. Meridian City Council Meeting Agenda May 16, 2019 – Page 130 of 224 EXHIBIT A Page 6 VI. DECISION A. Staff: Staff recommends approval of the proposed CUP with the conditions listed in Section VIII. B. Commission: The Meridian Planning and Zoning Commission heard this item on May 2, 2019. At the public hearing, the Commission moved to approve the subject Conditional Use Permit request. a. Summary of Commission Public Hearing: i. In favor: Godefroid Ntawuyamara, Applicant ii. In opposition: Ariel Rose; Seigfried Sendig; Dustin Daniels; iii. Commenting: Ariel Rose; Seigfried Sendig; Dustin Daniels iv. Written testimony: Garrett Fastabend, in opposition; v. Staff presenting application: Stephanie Leonard vi. Other staff commenting on application: Bill Parsons b. Key Issues of Public Testimony: i. Commercial daycare already established in neighborhood; ii. Concern regarding perceived unpredictability of hours and clientele of in-home daycares; iii. Concern regarding HOA management and overall condition of Razzberry Crossing Subdivision; iv. Concern regarding heavy volume of traffic for children and residents within the subdivision; v. Use of HOA maintained amenities by residents within other subdivisions; vi. Concern regarding proposed hours of operation (6 AM-11 PM); c. Key Issues of Discussion by Commission: i. Hours of operation; ii. Number of clients; iii. Proposed transportation to be provided by the applicant to customers; iv. Playground and outdoor space provided for daycare; d. Key Commission Changes to Staff Recommendation: i. Modify condition A.5 to specify a maximum number of eight (8) children at any one time. ii. Add a condition that drop-off and pick-up of children be restricted to the driveway of the residence. Meridian City Council Meeting Agenda May 16, 2019 – Page 131 of 224 EXHIBIT A Page 7 VII. EXHIBITS A. Floor Plan Meridian City Council Meeting Agenda May 16, 2019 – Page 132 of 224 EXHIBIT A Page 8 B. Aerial View Meridian City Council Meeting Agenda May 16, 2019 – Page 133 of 224 EXHIBIT A Page 9 C. Front View of Home and Parking Meridian City Council Meeting Agenda May 16, 2019 – Page 134 of 224 EXHIBIT A Page 10 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. 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. 2. The applicant shall comply with the specific use standards listed in UDC 11-4-3-9 for daycare facilities. 3. 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. 4. Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 5. The number of children cared for shall not exceed 12 8 children at any one time. 6. Drop-off and pick-up of children be restricted to the driveway of the residence. B. PUBLIC WORKS DEPARTMENT Public works has no issues with this application. C. FIRE DEPARTMENT 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. The applicant has committed to scheduling an inspection with the Fire Department. D. POLICE DEPARTMENT No comment. E. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) 1. CDHD will require plans be submitted for plan review for any child care center. Meridian City Council Meeting Agenda May 16, 2019 – Page 135 of 224 EXHIBIT A Page 11 IX. FINDINGS 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. The Commission 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. The Commission finds that the proposed use is consistent with the Comprehensive Plan future land use map designation of MDR and is listed as a conditional use in UDC Table 11- 2A-2 in the R-8 zoning district. Further, The Commission finds the proposed use of the site is consistent with the Comprehensive Plan in that the proposed group daycare will contribute to the variety of services and childcare opportunities available to the surrounding neighborhoods. 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 if the applicant complies with the conditions outlined in this report, the operation of the proposed group daycare 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. The Commission 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. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Republic Services and ACHD in Exhibit VIII. Based on comments from other agencies and departments, the Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. Meridian City Council Meeting Agenda May 16, 2019 – Page 136 of 224