Amina's Daycare H-2022-0012 CUP Findings 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 for Amina's Daycare,Located at 4175 S.
Leaning Tower Ave in the R-8 Zoning District,by Godelieve Mulonge.
Case No(s).H-2022-0012
For the Planning& Zoning Commission Hearing Date of: May 19,2022 (Findings on June 2,2022)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 19,2022, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 19,2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of May 19, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 19,2022,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. 11-784 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.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2022-0012
Page 1
Item 2. 36
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of May 19,2022, 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 § 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 approved in accord with the
conditions of approval in the staff report for the hearing date of May 19,2022,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 11-5B-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. Judicial Review
Pursuant to Idaho Code § 67-6521(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 May 19,2022
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2022-0012
Page 2
By action of the Planning&Zoning Commission at its regular meeting held on the 2nd day of
June ,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
COMMISSIONER MANDI STODDARD VOTED
Andrew Seal, Chairman 6-2-2022
Attest:
Chris Johnson, City Clerk 6-2-2022
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: 6-2-2022
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2022-0012
Page 3
�tem2. EXHIBIT A ■
STAFF REPORT E IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 4/7/2022 Legend
DATE: Jt2 � fl
TO: Planning&Zoning Commission , LU
FROM: Alan Tiefenbach,Associate Planner
208-884-5533 w; D
SUBJECT: H-2022-0012
Amina's Daycare w
LOCATION: 4175 S. Leaning Tower Ave. - ------------
I. PROJECT DESCRIPTION
Conditional use permit to operate a group daycare for up to 12 children on 0.14 acre of land in the R-
8 zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.14 acres
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 January 20,2022,no attendees
attendees:
History(previous approvals) AUP A-2020-0064 to allow for family daycare of up to 6
children
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 from S.Leaning Tower Ave.via. S.Locust
Hwy/Local)(Existing and Proposed) Grove Rd.
Pagel
Item 2. ■
C. Project Area Maps
Future Land Use Map Aerial Map
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III. APPLICANT INFORMATION
A. Applicant/Owner:
Godelieve Mulonge—4175 S. Leaning Tower Ave,ID 83642
B. Representative:
Same as Applicant/Owner
Page 2
Item 2. 40
IV. NOTICING
Planning&Zoning
Posting Date
Newspaper notification
published 03/22/22
Radius notification mailed to
property owners within 300 feet 03/21/22
Public hearing notice sign posted
3/28/2022
on site
Nextdoor posting 3/21/2022
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https://www.meridiancity.or /g 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.
C. Existing Structures/Site Improvements:
There is an existing home and associated improvements on this property.
D. Proposed Use Analysis:
The applicant is presently operating under an approved accessory use permit to run a family
daycare(6 or less children,AUP 2020-0064).A group daycare(7-12 children)is listed in UDC
Table 11-2A-2 as a conditional use in the R-8 zoning district. The applicant states the daycare
will operate from 6:30 AM to 7 PM 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, which is allowed as an accessory
use in the R-8 zoning district.), but wants to expand the use to allow up to 12 children.
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. 41
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.
Staff has received several letters from adjacent property owners stating there has been
parking, traffic and safety issues from the existing daycare. Staff visited the site in the
afternoon on a weekday. At that time, staff only observed two cars in front of the house
and no other cars parked on the public street. Pictures have been included as part of the
exhibit.
3. The decision-making body shall specify the maximum number of allowable clients and
hours of operation as conditions of approval.
The Applicant proposes an in-home group daycare for up to 12 children. The applicant
proposes to operate between 6:30 AM 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 between 6:30
AM and 7:00 PM 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 6:30 AM to 7:00 PM. 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 from S. Leaning Tower Ave. via S. Locust Grove Rd. According to the
applicant,they generally pick up and deliver the children, although occasionally it would be the
individual parent or guardian doing this.According to letters provided by residents,there are
Page 4
Item 2. ■
ongoing traffic,parking and safety issues associated with the daycare. As mentioned above, staff
did not observe these issues during a site visit.
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 three(3)garage spaces and a 30 ft. x 20 ft.parking
pad exist which exceeds UDC standards. On-street parking is also available (see exhibit in
Section VII.A). As mentioned above, citizens have commented there are ongoing parking issues
associated with the existing daycare.
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 May 19, 2022. At the public
hearing.the Commission moved to approve the subject conditional use permit request.
1. Summary of the Commission public hearin_e:
a. In favor:Nicholas O'Brvant
b. In opposition:None
C. Commenting:Nicholas O'Bryant
d. Written testimony:None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony_ .
a. None
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. F43
VII. EXHIBITS
A. Site Plan(dated: 2/18/2022)
Ada County Assessor '{
Main Level
1185.6 sf Second Floor
1551 .2 sf
m
n 6' b
ad �
Garage
�u ir
2.4 sf
f 4.5' Porch
f �!
! 135.8 sf
10' I2+
R6117160340
Page 6
Item 2. F44
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Page 7
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B. Existing Residence
IL
Page• -
Item 2. F46
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 6:30 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.meridiancity.oLvlWebLinkIDocView.aspx?id=254157&dbid=0&repo=MeridianC
Lty
C. NMID
https:llweblink.meridiancity.oLvlWebLinkIDocView.aspx?id=255745&dbid=0&repo=MeridianC
Lty
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.
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.
Commission finds the proposed in-home 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. 47
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.
This is a small in-home day-care in which the single-family home is the primary residence of the
applicant. Commission finds the operation of the proposed in-home daycare 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 in-home daycare complies with the condition of approval in Section VII as
required, 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, 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.
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 staff 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)
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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