Magical Minds Daycare H-2019-0119CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2019-0119
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for an In-Home Group Daycare for 7 to 12
Children on 0.28 of an Acre of Land in the R-8 Zoning District, Located at 2571 E. Taormina Dr.,
by Richard & Karena Gardner.
Case No(s). H-2019-0119
For the Planning & Zoning Commission Hearing Date of: December 19, 2019 (Findings on January
2, 2020)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 19, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 19, 2019, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 19,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 19, 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2019-0119
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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 December 19, 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 conditional use permit is hereby approval in accord with the
conditions of approval in the staff report for the hearing date of December 19, 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 December 19, 2019
By action of the Planning & Zoning Commission at its regular meeting held on the 2nd day of
January , 2020.
COMMISSIONER JESSICA PERREAULT, CHAIRMAN VOTED
COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED
COMMISSIONER RHONDA MCCARVEL VOTED
COMMISSIONER ANDREW SEAL VOTED
COMMISSIONER LISA HOLLAND VOTED
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER REID OLSEN VOTED
Weatherly, Deputy Clerk
Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development Department, the Public Works Department and the City Attorney.
By: OXXX&� �WOWA Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). H-2019-0119 CD4 Cr�%C,%CLj'
J Page 3
EXHIBIT A
Page 1
HEARING
DATE:
12/19/2019
TO: Planning & Zoning Commission
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0119
Magical Minds Daycare
LOCATION: 2571 E. Taormina Dr.
I. PROJECT DESCRIPTION
Conditional use permit for an in-home group daycare for 7 to 12 children on 0.28 of an acre of land in
the R-8 zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.28
Future Land Use Designation LDR
Existing Land Use(s) SFR home
Proposed Land Use(s) SFR home with group daycare
Neighborhood meeting date; # of
attendees:
8/26/2019; 19 attendees
History (previous approvals) None
B. Community Metrics
Description Details Page
Ada County Highway District
Staff report (yes/no) No
Requires ACHD Commission
Action (yes/no)
No
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
One access via E. Taormina Dr., local street
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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C. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant/Owner:
Richard & Karena Gardner – 2571 E. Taormina Dr., Meridian, ID 83642
B. Representative:
Same as Applicant/Owner
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
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IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper notification
published 11/29/2019
Radius notification mailed to
property owners within 300 feet 11/26/2019
Public hearing notice sign posted
on site 12/9/2019
Nextdoor posting 11/26/2019
V. STAFF ANALYSIS
A. Future Land Use Map Designation (https://www.meridiancity.org/compplan)
LDR (Low Density Residential) – The purpose of the LDR designation is to allow for the
development of single-family homes on large lots where urban services are provided. Uses may
include single-family homes at gross densities of 3 dwelling units or less per acre.
B. 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 distance of residential dwellings.” (2.01.01C)
The proposed daycare will be within walking distance of adjacent residential homes.
C. Existing Structures/Site Improvements:
There is an existing home and associated improvements on this property.
D. Proposed Use Analysis:
A group daycare (for 7-12 children) is listed in UDC Table 11-2A-2 as a conditional use in the R-
8 zoning district. (Note: The Applicant proposes to operate a pre-school, which is classified in the
UDC as a daycare.) See narrative included in the application for more specific details on the
proposed use.
E. Specific Use Standards (UDC 11-4-3):
The specific use standards listed in UDC 11-4-3-9, Daycare Facility, applicable to the proposed
use are as follows:
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’s
narrative states the plan is to hold a morning and afternoon class of 7-12 children each.
2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe
discharge and pick up of clients. There are 4 off-street parking spaces in the driveway
(parking pad) that are not utilized by the Applicant where clients may park and drop off and
pick up children; 2 additional spaces are available along the curb in front of the house if
needed.
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3. The decision making body shall specify the maximum number of allowable clients and
hours of operation as conditions of approval.
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.
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 daycare/pre-school during school hours and have a morning and afternoon class; hours
of operation won’t exceed those stated.
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. A neighborhood meeting was held for this application.
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') non-
scalable fences to secure against exit/entry by small children and to screen abutting
properties. There is a 6’ tall wrought iron fence along the rear yard adjacent to the Ten Mile
Creek and 6’ tall vinyl fence along the sides of the rear yard to screen abutting properties in
accord with this standard.
2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or
within any required yard. There is no play equipment in the front yard; play equipment
should not be placed in the rear and side required yards (i.e. building setback areas along
property lines).
3. Outdoor play areas in residential districts adjacent to an existing residence shall not be
used after dusk.
F. Dimensional Standards (UDC 11-2):
Not Applicable
G. Access (UDC 11-3A-3, 11-3H-4):
Access is provided via E. Taormina Drive, a local street.
H. Parking (UDC 11-3C):
Parking exists on the site in accord with the standards listed in UDC Table 11-3C-6 for a 5-
bedroom single-family dwelling. A total of 3 garage spaces and a parking pad outside the garage
that can accommodate 4 spaces exists on the site. The Applicant/Owner states they only use the
garage spaces for their personal vehicles; therefore, 4 off-street parking spaces will be available
for client parking. On-street parking is also available (see exhibit in Section VII.A).
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I. Waterways (UDC 11-3A-6):
The Ten Mile Creek and a multi-use pathway exists off-site along the rear yard of the subject
property.
J. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual):
A photo of the existing home on this property is included in Section VIII.C; no additions are
proposed with this application.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions in Section
VIII per the Findings in Section IX.
B. The Meridian Planning & Zoning Commission heard this item on 12/19/2019. At the public
hearing, the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing:
a. In favor: Richard Gardner, Cynda Johnson
b. In opposition: None
c. Commenting: None
d. Written testimony: Richard Gardner
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. In favor of a pre-school in the neighborhood.
3. Key issue(s) of discussion by Commission:
a. None
4. Commission change(s) to Staff recommendation:
a. None
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VII. EXHIBITS
A. Site Plan (dated: 8/9/2019), Floor Plan & Parking Exhibit
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B. Landscape Plan (date: 8/9/2019)
C. Building Elevations
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning
1. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-9 Daycare
Facilities, including but not limited to the following:
a. 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.
b. Outdoor play equipment over six feet (6') high shall not be located in a front yard or
within any required yard.
c. Outdoor play areas in residential districts adjacent to an existing residence shall not be
used after dusk.
e. On-site vehicle pick up, parking and turnaround areas shall be provided to ensure safe
discharge and pick-up of clients.
2. The maximum number of allowable clients at the facility at one time shall be limited to
twelve (12).
3. The daycare/pre-school shall not operate beyond the hours of 6:00 am to 11:00 pm as set
forth in UDC 11-4-3-9A.5, unless otherwise modified through approval of a conditional use
permit.
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 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.
B. Central District Health Department (CDHD)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=179734
C. Ada County Highway District (ACHD)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=179950
D. Department of Environmental Quality
http://weblink.meridiancity.org/weblink8/0/doc/180072/Page1.aspx
E. Nampa & Meridian Irrigation District (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/180058/Page1.aspx
IX. FINDINGS
A. Conditional Use Permit
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.
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The Commission finds the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the R-8 zoning district.
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 the proposed group daycare will be harmonious with the Comprehensive
Plan in that it will provide a much needed service for area residents within walking distance of
homes within the neighborhood.
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 the operation of the proposed daycare/pre-school should be compatible
with the residential uses in the neighborhood and the existing and intended character of the
neighborhood and not adversely affect such.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
If the proposed daycare/pre-school complies with the condition of approval in Section VII as
required, the Commission finds the proposed use should not adversely affect other properties 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.
Because the site is within the City’s Area of City Impact boundary and has been annexed into the
City and these services are already being provided to the existing home, the Commission finds the
public facilities mentioned will be provided to the proposed use as well.
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.
The Commission finds the proposed use should not create any additional costs for public
facilities and services and will not be detrimental to the economic welfare of the community.
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.
Although traffic may increase slightly in this area due to the proposed use and clients dropping
off and picking up children, the Commission finds it should not be detrimental to the general
welfare.
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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
The Commission is unaware of any natural, scenic or historic features in this area; however,
finds the proposed use should not result in damage of any such features.
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