Eagle Road Daycare CUP H-2022-0007 Findings CITY OF MERIDIAN V IDIAN;---
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ! DAHO
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for a Daycare Center Providing Childcare
for up to 216 Children in the C-C Zoning District for Eagle Road Daycare Facility,Located at 3060
S.Eagle Rd.,by 814 Development,LLC.
Case No(s).H-2022-0007
For the Planning& Zoning Commission Hearing Date of. March 3,2022 (Findings on March 17,
2022)
A. Findings of Fact
I. Hearing Facts(see attached Staff Report for the hearing date of March 3,2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 3,2022,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 3,2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 3,2022,incorporated by reference)
B. Conclusions of Law
I. 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).EAGLE ROAD DAYCARE FACILITY CUP H-2022-0007
Page 1
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 March 3,2022, 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 § 1I-
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 approved in accord with the
conditions of approval in the staff report for the hearing date of March 3,2022,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 11-513-6F.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. 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 3,2022
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).EAGLE ROAD DAYCARE FACILITY CUP H-2022-0007
Page 2
By action of the Planning&Zoning Commission at its regular meeting held on the 17th day of
March ,2022.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
COMMISSIONER NICK GROVE,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MARIA LORCHER VOTED
Andrew Seal, Chairman 3-17-2022
Attest:
Chris Johnson, City Clerk 3-17-2022
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: Dated: 3-17-2022
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).EAGLE ROAD DAYCARE FACILITY CUP H-2022-0007
Page 3
Item 2. ■
EXHIBIT A
C�
E IDIAN�--
STAFF REPORT f D A H 0
COMMUNITY DEVELOPMENT DEPARTMENT
IaLq
HEARING 3/3/2022 legend � �
DATE: 0
Project Locattor.
TO: Planning&Zoning Commission
FROM: Sonya Allen,Associate Planner lam: _ -
208-884-5533
SUBJECT: H-2022-0007
Eagle Road Daycare Facility—CUP E_ 1 - =K D __ E'V1 CrORK IUD
LOCATION: 3060 S. Eagle Rd.,in the SW 1/4 of -
Section 21,Township 3N.,Range IE.
I. PROJECT DESCRIPTION
Conditional use permit(CUP) for a daycare center providing childcare for up to 216 children in the
C-C zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1 1.15-acres(future Lot 3)
Future Land Use Designation Mixed Use—Community(MU-C)
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Daycare center
Current Zoning Community Business District(C-C)
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of 12/9/21
attendees:
History(previous approvals) H-2019-0090(Inglewood Place Sub.AZ,PP—
Development Agreement Inst.#2019-124424);FP-2021-
0037(Inglewood Sub.2);H-2021-0095(DA modification
—in process)
Page 1
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Item 2. F5_1
EXHIBIT A
C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning
Posting Date
Newspaper Notification 2/15/2022
Radius notification mailed to 2/14/2022
properties within 300 feet
Site Posting Date 2/21/2022
Next Door posting 2/14/2022
V. STAFF ANALYSIS
A 13,660 square foot daycare center is proposed in the C-C zoning district which is designed to
accommodate a maximum of 216 children and 24 staff members. A daycare center requires
Conditional Use Permit(CUP)in the C-C zoning district as set forth in UDC Table 11-2B-2 and is
subject to the specific use standards listed in UDC 11-4-3-9.
Childcare and early education is proposed to be provided for children age 6 weeks to 6 years with
after-school programs for children up to age 12; see application for more information on the proposed
curriculum.
A modification to the existing Development Agreement(DA)was recently approved by City Council
to update the conceptual development plan approved for the site to allow for development of the
proposed use and the site layout(H-2021-0095)but has not yet been recorded. The proposed site plan
is consistent with the updated conceptual development plan and uses approved with that application.
The amended DA and final plat for Inglewood Subdivision No.2,within which this site is
located,must be recorded prior to submittal of a Certificate of Zoning Compliance application
for the proposed use.
Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC H-
4-3-9—Daycare Facility, 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
proposes to provide childcare for up to 216 children; because the daycare plans to
provide care for more than 12 children, it's classified 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. On-site vehicle pick-up,parking and turnaround areas
are provided; however, there is a driveway going through the parking area that will
serve as a backage road to Eagle Rd. and will provide access to properties to the north
and south. For safety,Staff recommends the row of parking on the east side of the
Page 3
Item 2. ■
EXHIBIT A
driveway is restricted to Staff members only and signed accordingly.
3. The decision-making body shall specify the maximum number of allowable clients and
hours of operation as conditions of approval. The maximum number of allowable clients
should be limited to those specified in this application (i.e. 216).
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 shall provide this information to the Planning Division
as required.
5. In residential districts or uses adjoining an adjacent residence,the hours of operation shall
be between 6:00 a.m. and 11:00 p.m. This standard may be modified through approval of
a conditional use permit.A residential use exists on the abutting property to the north,
zoned RUT in Ada County, and residential uses are planned on the abutting property to
the east, zoned R-I S. However, the proposed hours of operation are Monday through
Friday from 6:00 am to 6:30 pm, which will not exceed those hours.
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-4.13 of this title.Notice of the neighborhood meeting shall be provided
to all property owners of record within one hundred(100) feet of the exterior boundary of
the subject property.Not applicable
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 non-scalable
fences to secure against exit/entry by small children and to screen abutting properties.A
4-to 6-foot tall steel fence is proposed, which does not meet this standard; the fence
should be non-scalable, a minimum of 6-feet tall and provide screening of the play area.
2. Outdoor play equipment over six(6)feet high shall not be located in a front yard or
within any required yard.
3. Outdoor play areas in residential districts adjacent to an existing residence shall not be
used after dusk.
Compliance with these standards is required.
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-8.B of this title.
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.
These standards are not applicable.
Page 4
Item 2. F53
EXHIBIT A
Based on the above analysis, Staff deems the proposed use to be in compliance with the
specific use standards as required if the Applicant complies with the conditions of approval in
Section VIII.A.
Dimensional Standards: Future development should be consistent with the dimensional standards
listed in UDC Table 11-2B-3 for the C-C zoning district.
Access: A right-in/right-out driveway access is proposed via S. Eagle Rd. at the southwest corner of
this site as shown on the site/landscape plans consistent with that approved with the subdivision.
Access is also available via an access easement depicted on the plat through the adjacent properties to
the south and east via S. Titanium Ave., a local street off E.Victory Rd.
An access easement is required to be provided to the property to the north(Parcel No.
S1121336276)in alignment with the north/south driveway on this site; a copy of the recorded
easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance
application for the subject property.Alternatively,the easement could be depicted on the
Inglewood Subdivision No.2 plat and recorded.
Parking: Off-street parking is required to be provided in accord with the standards listed in UDC I I-
3C-6 for non-residential uses which requires one(1)space per 500 square feet of gross floor area.
Based on 13,600 s.f.,a minimum of 27 spaces are required; a total of 29 spaces are proposed,
including two(2)ADA compliant spaces.
Although the proposed parking exceeds the minimum standards by two(2) and the number of
staff members on-site at any one time will likely fluctuate, Staff is concerned that if the facility
is at full capacity and up to 24 staff members are on-site at any one time there may not be
adequate parking or pick-up/drop-off area for the proposed use. Therefore, Staff recommends
a shared use agreement for parking is required with the property to the south in accord with
the standards listed in UDC 11-3C-7.A recorded copy of the agreement should be submitted
prior to issuance of a Certificate of Occupancy for the site.Note:If the Commission finds the
parking is inadequate or if the Applicant is not in favor of a shared parking agreement, the number
of children cared for during the day could be reduced, which would also reduce the number of staff
members that would need to be on-site.
A minimum one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or
portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location
and design standards listed in UDC 11-3C-5C. A bicycle rack capable of holding a minimum of
one(1)bicycle should be provided in accord with this requirement and depicted on the site
plan.A detail of the bicycle rack should be submitted with the Certificate of Zoning
Compliance application that demonstrates compliance with the standards in UDC 11-3C-5C.
Pedestrian Walkways: A continuous internal pedestrian walkway that is a minimum of 5-feet wide
is required to be provided from the perimeter sidewalk to the main building entrance and should be
distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete,
or bricks as set forth in UDC 11-3A-19B.4. The site plan submitted with the Certificate of Zoning
Compliance application should reflect compliance with this standard. An internal walkway
should also be provided to the residential care facility to the east for interconnectivity with
adjacent uses as desired in Mixed Use—Community designated areas.Note: The narrative
submitted with the DA modification application (H-2021-0095)states walkways would be provided
from the daycare to the senior living facility as part of the plan is for the children to visit
(performances, arts, crafts, etc) the seniors.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed
in UDC 11-3B-8C as shown.
Page 5
Item 2. F54]
EXHIBIT A
A 25-foot wide landscape buffer is required to be provided to adjacent residential uses in the C-C
zoning district per UDC Table 11-2B-3; landscaping is required to be installed within the buffer in
accord with the standards listed in UDC 11-3B-9C. A residential use exists to the north and a
residential care facility has been approved to the east.Per this requirement, a 12.5' wide buffer to
total 25 feet should be provided along the eastern boundary of the site measured from the back of the
adjacent garages; and a 25-foot wide buffer should be provided along the northern property boundary
adjacent to the residential use to the north. For the northern buffer,provide trees and shrubs within the
southern 10 feet of the buffer as no plantings other than grass are allowed within the northern 15-feet
due to an ingress-egress easement(Inst. #7907119)that runs along the northern boundary of the site
that benefits the adjacent property to the north. The site/landscape plan submitted with the
Certificate of Zoning Compliance application should reflect compliance with this standard.
A reduction to the buffer width required on C-C zoned property adjacent to residential uses may be
approved by City Council at a public hearing with notice to surrounding property owners as set forth
in UDC 11-3B-9C.2.A reduction to the buffer width shall not affect building setbacks; all structures
shall be set back from the property line a minimum of the buffer width required in the district.
Street buffer landscaping along S. Eagle Rd. is required to be installed with the Phase 2 subdivision
improvements.
Mechanical Equipment: All mechanical equipment on the back of the building and outdoor service
and equipment should be incorporated into the overall design of buildings and landscaping so that the
visual and acoustic impacts of these functions are fully contained and out of view from adjacent
properties and public streets as set forth in UDC 11-3A-12.
Building Elevations: Conceptual building elevations were submitted for a single-story building as
shown in Section VII.0 that incorporate a mix of materials consisting of hardie panel board and
batten siding with stone veneer accents and metal roofing.
Final design is required to incorporate some of the same or similar design elements and materials as
those in the residential portion of the development per the development agreement and shall comply
with the design standards listed in the Architectural Standards Manual.
Certificate of Zoning Compliance&Design Review: A Certificate of Zoning Compliance and
Design Review application is required to be submitted for the proposed use prior to submittal of a
building permit application to ensure consistency with the conditions in Section VIII,UDC standards,
design standards and the development agreement.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions included
in Section VIII per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on March 3,2022.At the public
hearing.the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing:
a. In favor: Samantha Kozlowski,Applicant's Representative
b. In opposition:None
C. Commenting: None
d. Written testimony: Samantha Kozlowski,Applicant's Representative
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
Page 6
Item 2. ■
EXHIBIT A
a. The Applicant stated they can comply with condition#4d to provide a walkway from the
perimeter sidewalk to the main building entrance and should be able to comply with#4e
which requires a 25' wide buffer to the residential use to the east,but will likely need to
request a reduced buffer width to the residential use to the north from City Council,
3. Key issue(s)of discussion by Commission:
a. Concern that this site may not be large enough to accommodate the proposed use in
regard to meeting the minimum UDC standards pertaining to buffers to residential uses
and adequate parking based on the number of staff members and clients on-site at any
one time.
4. Commission change(s)to Staff recommendation:
a. None
Page 7
Item 2. F56
EXHIBIT A
VII. EXHIBITS
A. Proposed Site Plan
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Item 2. F57
EXHIBIT A
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Page 9
Item 2. F58
EXHIBIT A
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Page 10
Item 2. EXHIBIT A 59
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the previous conditions of approval and
terms of the existing Development Agreement(DA)(Inglewood Place Sub. AZ,PP H-2019-
0090 —DA Inst. #2019-124424);FP-2021-0037(Inglewood Sub. 2);H-2021-0095(amended
DA—in process) and the conditions contained herein.
2. The amended development agreement shall be recorded prior to submittal of an application
for Certificate of Zoning Compliance for the proposed use(H-2021-0095).
3. The final plat that includes the subject property shall be recorded prior to submittal of a
Certificate of Zoning Compliance application for this site(FP-2021-0037 Inglewood
Subdivision No. 2).
4. The site plan and landscape plan submitted with the Certificate of Zoning Compliance
application shall be revised as follows:
a. All outdoor play areas shall be completely enclosed by minimum six-foot non-scalable
fences to secure against exit/entry by small children and to screen abutting properties in
accord with UDC 11-4-3-913.1; depict fencing accordingly.Note: The proposed wrought
iron fence does not meet this standard.
b. All mechanical equipment on the back of the building and outdoor service and equipment
areas should be incorporated into the overall design of buildings and landscaping so that
the visual and acoustic impacts of these functions are fully contained and out of view
from adjacent properties and public streets as set forth in UDC 11-3A-12.
c. Depict the location of the bicycle rack and a detail of the bicycle rack that demonstrates
compliance with the design standards in UDC 11-3C-SC.
d. Depict a continuous internal pedestrian walkway that is a minimum 5-feet in width from
the perimeter sidewalk along Eagle Rd. to the main building entrance in accord with
UDC 11-3A-19B.4; and to the residential care facility to the east and to the future
commercial uses to the south for interconnectivity with adjacent uses as desired in Mixed
Use—Community designated areas. Where the pathway crosses vehicular driving
surfaces,it shall be distinguished through the use of pavers, colored or scored concrete,
or bricks as set forth in UDC 11-3A-19B.4.
e. Depict a minimum 12.5-foot wide buffer along the eastern property line to total 25-feet,
measured from the back of the garages on the adjacent residential property, in accord
with UDC Table 11-2B-3,which requires a 25-foot wide buffer on C-C zoned property
adjacent to a residential use and/or district. Depict landscaping in accord with the
standards listed in UDC 11-3B-9C.
f. Depict a minimum 25-foot wide buffer along the northern property line adjacent to the
residential property as set forth in UDC Table 11-2B-3 for the C-C district,unless a
reduced width is approved by City Council at a public hearing with notice to surrounding
property owners. Depict landscaping within the southern 10 feet of the buffer in accord
with the standards listed in UDC 11-3B-9C; no trees/shrubs or plantings other than grass
shall be planted within the northern 15-feet as there's an access easement that runs along
the northern boundary of the site that benefits the adjacent property to the north.
5. Compliance with the standards listed in UDC 11-4-3-9—Daycare Facility is required.
6. The applicant or owner shall provide proof of criminal background checks and fire inspection
Page 11
Item 2. F60
EXHIBIT A
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.
7. The maximum number of allowable clients shall be 216 as proposed with this application.
8. The business hours of operation shall be limited to the hours between 6:00 am 11:00 pm in
accord with UDC 11-2B-3B.
9. Outdoor play equipment over six(6)feet high shall not be located in a front yard or within any
required yard in accord with UDC 11-4-3-913.2.Although play equipment over 6-feet in height
may be provided, because there isn't a required setback Le. yard in the front, this requirement
is not an issue.
10. The driveway access via S. Eagle Rd. is restricted to a right-in/right-out access per the
Development Agreement.
11. An access easement shall be provided to the property to the north(Parcel No. S 1121336276)
in alignment with the north/south driveway on this site; a copy of the recorded easement shall
be submitted to the Planning Division with the Certificate of Zoning Compliance application
for the subject property. Alternatively,the easement could be depicted on the subdivision plat
and recorded.
12. The row of parking on the east side of the north/south driveway shall be restricted to staff
member parking only and signs shall be erected accordingly.
13. A shared use agreement for parking shall be required with the property to the south in accord
with the standards listed in UDC 11-3C-7. A recorded copy of the agreement shall be
submitted prior to issuance of a Certificate of Occupancy for the site.
14. A Certificate of Zoning Compliance and Design Review application shall be submitted and
approved for the proposed use prior to submittal of a building permit application. The design
of the site and structure shall comply with the standards listed in UDC 11-3A-19; the design
standards listed in the Architectural Standards Manual and with the Development Agreement.
The Development Agreement requires some of the same design elements to be incorporated in
the commercial portion of the development as in the residential portion.
15. The conditional use permit is valid for a maximum period of two (2) years unless otherwise
approved by the City. During this time,the Applicant shall commence the use as permitted in
accord with the conditions of approval, satisfy the requirements set forth in the conditions of
approval, and acquire building permits and commence construction of permanent footings or
structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested
as set forth in UDC 11-513-617.
B. PUBLIC WORKS
1. Streetlights for Inglewood Subdivision No 2 must be installed and operational,with approved
record drawings submitted,prior to any form of occupancy of this building.
2. No Public Works water or sewer main infrastructure is proposed, if any changes to City
utilities is needed,Public Works Engineering must review and approve that work prior to
construction.
3. Fire flow was modeled at 1500 gpm, contact Public Works Engineering if more than 1500
gpm is required.
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Item 2. F61
EXHIBIT A
C. ADA COUNTY HIGHWAY DISTRICT(ACHD)
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IX. FINDINGS
Conditional Use(UDC 11-5B-6)
Findings: The commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
The Commission finds the site is large enough to accommodate the proposed development and
meet all dimensional and development regulations of the C-C zoning district if the Applicant
complies with the conditions in Section VIII.
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 daycare center is harmonious with the Comprehensive Plan
and is consistent with applicable UDC standards with the conditions noted in Section VIII of this
report.
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 design, construction, operation and maintenance of the proposed use
will be compatible with other uses in the general neighborhood, with the existing and intended
character of the vicinity and will not adversely change the essential character of the area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
The Commission finds the proposed use will not adversely affect other properties in the vicinity if
it complies with the conditions in Section VIII of this report.
5. That the proposed use will be served adequately by essential public facilities and services such as
highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal,
water, and sewer.
The Commission finds the proposed use will be served by essential public facilities and services
as required.
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 will not create 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.
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Item 2. F62
EXHIBIT A
The Commission finds the proposed use will not be detrimental to any persons,property or the
general welfare by the reasons noted above.
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 finds the proposed use will not result in the destruction, loss or damage of any
such features.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
This finding is not applicable.
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