Faissy's Child Care H-2022-0002 Findings Item 2. F41
CITY OF MERIDIAN E IDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ! ❑AHO
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit to Allow Group Daycare,Located at 1322
E Grand Canyon St in the R-4 Zoning District,by Faissy Kwizera.
Case No(s).H-2022-0002
For the Planning& Zoning Commission Hearing Date of: March 17, 2022 (Findings on April 7,
2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 17, 2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 17, 2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of March 17, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 17,2022, 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. 11-7 84 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision,which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [file#H-2022-0002]
Page 1
Item 2. F
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7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of March 17,2022, 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 § I I-
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 17, 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 11-5B-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 11-513-617.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of March 17,2022
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [file#H-2022-0002]
Page 2
■
By action of the Planning&Zoning Commission at its regular meeting held on the 7th day
of April 12022
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
COMMISSIONER MANDI STODDARD VOTED
Andrew Seal, Chairman 4-7-2022
Attest:
Chris Johnson, City Clerk 4-7-2022
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: 4-7-2022
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [file#H-2022-0002]
Page 3
'tem2. EXHIBIT A
STAFF REPORTC� fERID1AN,,,>-,COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 3/17/2022 Legend
DATE:
� Proje�'Lxa ar ,� h
TO: Planning&Zoning Commission
--- E MCMILLAN RZ-D --- F
FROM: Alan Tiefenbach,Associate Planner
208-884-5533 '
SUBJECT: H-2022-0002 7 Uri s
Faissy's Daycare I HALL
LOCATION: 1322 E Grand Canyon St,Meridian y i w- - -
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I. PROJECT DESCRIPTION
Conditional use permit for a group daycare for 7 to 12 children on 0.17 acres of land in the R-4
zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.17
Future Land Use Designation Medium Density Residential
Existing Land Use(s) SFR home
Proposed Land Use(s) SFR home with group daycare
Neighborhood meeting date;#of December,27 2021,no attendees
attendees:
History(previous approvals) AUP-2021-0002
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) No
• Requires ACHD Commission No
Action es/no
Access(Arterial/Collectors/State One access via E.Grand Canyon St.,local street
Hwy/Local)(Existing and Proposed)
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Item 2. 45
C. Project Area Maps
Future Land Use Map Aerial Map
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III. APPLICANT INFORMATION
A. Applicant/Owner:
Faissy Kwizera— 1322 E Grand Canyon St..,Meridian,ID 83646
B. Representative:
Same as Applicant/Owner
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Item 2. 46
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
02/25/2022
published
Radius notification mailed to
property owners within 300 feet 02/28/2022
Public hearing notice sign posted
3/7/2022
on site
Nextdoor posting 02/28/2022
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
MDR(Medium Density Residential)—This designation allows for dwelling units at gross
densities of three to eight dwelling units per acre.
B. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan):
• "Plan for and encourage services like health care, daycare, grocery stores and recreational
areas to be built within walking distance of residential dwellings."(2.01.01 C)
The existing and proposed daycare expansion is within walking distance of adjacent
residential homes. The owner is currently operating a daycare and watching up to six (6)
children.
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-
4 zoning district. The applicant states the daycare will operate from 7AM to 7PM on weekdays
with outdoor playtime limited to one hour after 9AM and one hour after 1PM.
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 have up to 12 children. The applicant is
already operating a family daycare(6 children or less), but because they recently had a
baby this brings them from a family daycare to a group daycare. (A family daycare is
allowed as an accessory use in the R-4 zoning district)
2. On site vehicle pick up,parking and turnaround areas shall be provided to ensure safe
discharge and pick up of clients.
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Item 2. ■
The applicant states they presently provide and will continue to provide the
transportation for the children. However, the subject house does have a parking pad
which is approximately 30 feet wide which could provide an additional parking space for
pick up or drop off. Parking spaces are also available along the curb in front of the
house if needed.
3. The decision-making body shall specify the maximum number of allowable clients and
hours of operation as conditions of approval.
The Applicant proposes a group daycare for up to 12 children, with 7 children being the
anticipated number. The applicant proposes to operate between 7"to 7PM.
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.
This has been listed as a condition of 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.
As mentioned above, the Applicant presently operates the family daycare 7AM and 7PM
on weekdays and this is not proposed to change.
6. 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 outdoor play area will be in the backyard, which is surrounded by a 6 ft. tall fence.
7. Outdoor play equipment over six feet(6)high shall not be located in a front yard or
within any required yard.
All outdoor play activities will occur in a fenced backyard.
8. Outdoor play areas in residential districts adjacent to an existing residence shall not be
used after dusk.
As mentioned, the daycare will operate from 7AM to 7PM. Outdoor play will occur one
hour after 9AM and one hour after IPM.
F. Dimensional Standards(UDC 11-2):
Not Applicable
G. Access(UDC 11-3A-3, 11-3H-4):
Access is provided via E. Grand Canyon St,a local road. The applicant has stated they presently
pick up and deliver all clients,and this will continue.
H. Parking(UDC 11-3C):
Parking exists on the site in accord with the standards listed in UDC Table 11-3C-6 for a 4-
bedroom single-family dwelling.A total of 2 garage spaces and a 30 ft. wide parking pad outside
the garage can accommodate 5 spaces exists on the site. On-street parking is also available(see
exhibit in Section VII.A).
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Item 2. ■
I. Building Elevations(UDC 11-3A-19 I 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 March 17,2022.At the public
hearing.the Commission moved to approve the subject conditional use permit request.
1. Summary of the Commission public hearing:
a. In favor: Eric avizuru
b. In opposition: Louis Pifher and Siegfried Sendig
c. Commenting: Eric ay zuru
d. Written testimony: Dedigamage Perera and Roger Letsom wrote letters in opposition.
e. Staff presenting application: Alan Tiefenbach
f Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Concerns were discussed including traffic,parking,a commercial use occurring in a
residential zone. safety and prohibitions on businesses per the CC&Rs.
3. Key issue(s)of discussion by Commission:
a. None
4. Commission change(s)to Staff recommendation:
a. None
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Item 2. F49
VII. EXHIBITS
A. Site Plan(dated: 3/7/2022)
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Item 2. 51
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.
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 7:00 am to 7:00 pm on
weekdays.
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. Ada County Highway District(ACHD)
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=252183&dbid=0&repo=MeridianC
ity
C. NMID
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=252435&dbid=0&repo=MeridianC
ity
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.
The Commission finds the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the R-4 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.
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Item 2. 52
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.
The present operation picks up and delivers children, and this will remain the same. There could
be occasional onsite pick up/drop off, but there is sufficient parking and the Commission finds it
would 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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