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HomeMy WebLinkAboutStephanie Edwards CUP-05-011 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Stephanie Edwards Case No(s). CUP-05-011 For the City Council Hearing Date of: May 10, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the May 10, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-0II- - PAGE I of 4 In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner( s) of record at the time of issuance of these findings are Stephanie Edwards. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit D for the findings required for Conditional Use Pennits. 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 (1.c. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 ofthe City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 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 Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan submitted with the application as shown in Exhibit B and the Conditions of Approval in Exhibit C. 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 City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CUP Site Plan as evidenced by having submitted the undated Site Plan Exhibit B with the application is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-01I- - PAGE 2 of4 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Pennit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building pennits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit approval 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. Exhibits Exhibit A: Legal Description CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-0Il- - PAGE 3 of4 Exhibit B: Approved Site Plan Exhibit C: Final Conditions of Approval Exhibit D: Conditional Use Pennit Findings By action of the City Council at its regular meeting held on the I ¡} -I~ day of m~ ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL VOTED al;~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) ..,..--.. VOTED ~ Attest: ent, Public Works Department and City Attorney. BY:_~  ÅWY\- City Clerk Dated: S -\ \..0 -oc; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-01I- - PAGE 4 of 4 EXHIBIT A Stephanie Edwards CUP-05-011 Legal Description II ( ,d"~,,, .\UJ!25"" tlc/l'>:) n~... ...,~ '" Vlllll/ii/lfllølflllllllllll ' em..." \\ ~RR,"'n' DEEII WI{ \' 'WI; "':em En, "ARK" HF\\AR1,A \LI>RlfD"" ^<HI5S0lEANV""':A!T rr"'Pr.Rry rh,n"m""",d"\"h"'b:.cm"""~""~I1"~",,":."m., 'Jff'HANJf GAIJ 'DWARf>\ """'L\1<""'D W, '" '," Wh"'",'~rem,d,""><, 1'37 \\TST 151IJSTIŒE! ""RImA:, "-""4: 10\\IJ i.""m""~'J"tN,mmGAT>N" 'SUBDIVISION,""",di", r"", I, B",,' ') .."'"" " p"",, 200<, .,m,"J ro"""""" """"" r"H'H^,"TO"UU""""""","¡~""h""h'_"',"h"""¡""O"""""M" "".""~,~ ""."""('~'~"" ""Ùh"""""'~"""'W"h"'";,;O'~'"""""""",,~ """""""""""""""""""" ,""""..i"""""-'~"~œ'EXc"r "'¡w"""",.".. """=n"""",.m.'"""""""">"-"'M"""'_"""~"""',""'"'>k'h'""U""" '-'""'."""""""',.."""""""""""-".,"""""'j","'".,"'"","",,,,,,~,,',r'~J.'., "'"'""'."""m""","""p.""., .".f.."oo""""", '~""""J"",J",,= ,,"'., ,.."",.,="..."" "...,,¡ O9.J"IO1 ~-- ~- ,-~c- "--,,-' ¡;;-Üú,"ii',¡flìVÃR'J- ----- -,- ",," UF JD..~W «()I.my M .\0, "'!'HIS Ú:. or ",'rEMBFR , 1mn, "",ORE MI. THU""'ER>ltiNIÐ," NOI" Y' P1 'BUe ""'<SONA!.!. Y APPFARED ,M,'ù'.K W, SJF.WART, 1:NO\>(" H' '" np PROVE'!;T" ME (IN '¡Hr, ""IS Of ""'¡[<fACTORY BvmEN'" 11) BC filE PFRSON,S) WIIOSE "A>w,S) !Sf ARE SI."BSCllJBffi TO "IE WITHIN fi'STRl"Hi" I AWACKNOWLEDOE[) roM> fHAlHE- EXECtnLD'¡[IESAME iòiANNj;f~'f(",i?":'--'~':::- ".-... j~~ilí~~~d'~'~¡~RJnL\N M~""'L"'~~ MI", L.,',o',"USSJONEXPJRLS' , Q +0'.':'\, "111."" --," ,S(,rI., \:-.~~~;:,<:{~;' ,.,---- . ., :~::~,:: 1 "~ .. . "'W"""""'~"o;"I"h,"'O: I "","WOO , ",'IW,Rin=~s:""!.,""".",,," I ,""'37-,"," I oj-? ',"",,",o,""\- F~~r"'l""j- "^""""""""'~,,~'^ I~,_i&"""",",,""""""'-~--'~~W~"""""""""""¡¡I ~ ~ I~ QL'ITCLAIM DEED ~.,i ~ "".""""Œ\'o<D ., I~ Falash Properties. L.L.C.. an Idaho limited liability ~! '" company 1~' !~ ""~.=,,,,_.....,,"~-... ~ i§, Falash' Ross construction. Inc.. an Idaho Co, rporati ' I~ .~ ~ II '-.-.149 S. Adkins wa,y, Ste. 101. Meridian, ID 83642 ~"I I ~::;;=;:.=;; 2 of "edimont Sub"!v!s!on No.1 II § accor"!ng to the plat thereof. filed 10 Book 75 of il . Plats at pages 7794 and 7795, recor". of ADA County. =1 ; I"aho, ~ i RECORDED-REGUESTQE.-- JI Î "~%Ã~~gt3ff~RŒ Jv.~~R-<_~ I """;:~,,,"' 1O2~~;;~1 1---- I, ~ - . (\ ~I i b/",Ck? '~) --- i . ~ J~ I"aho Ada ~I 1111111/1/< ~ "'IT'" -., ~ " III E S '%'", . , ~! '¡'\';¡,,9-\C,'," '.)::' """-,--3.D.-"'.~Ï:+ "'~.~":-::". ~I, j""',,", ". 1iii ",......."..,., """""'" ~ ,-'" '--'" .' i"""",,.',"',',,}di~"~O'."""=""'"~'" -. , , """~","'"'(;" ,",'.', V~~~9{¥.. ~,-~_.--.~~_.. ~.."=::'" ~,á~~.L~i ':;:"}/~hl¡\\i,' ¡ä " . """-""",,, -~OL_,_u ~! "","'=""',"W,"",""""wæ-a_m"""".,.,.""",...,, ""'"""eJ . ,I -} ~ ., , " 'l c. EXHIBIT B Stephanie Edwards CUP-O5-011 Approved Site Plan _..~ -- ~~~ -,~ -/ I; :" ;" - "1 - EXHIBIT C Stephanie Edwards CUP-05-011 Final Conditions of Approval SITE SPECIFIC CONDITIONS OF APPROVAL (CUP) 1. No equipment or process shall be used in such a manner which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the nonnal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. 2. In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ ITom its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference, 3. The applicant shall meet all of the licensing requirements ofthe State ofIdaho prior to beginning operation. The applicant will be required to submit to the City of Meridian a copy of their child care license issued by the Department of Health and Welfare of the State of Idaho within three months of City Council approval, 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate pennits, 5, All construction and site improvements shall confonn to the requirements of the Americans with Disabilities Act. 6, Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. AGENCY COMMENTS AND CONDITIONS Meridian Fire Department 1. All Daycare's with 7 or more children must pass an inspection using the criteria of the Idaho State Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an inspection will be completed at a cost 0[$20. EXHIBIT D Stephanie Edwards CUP-05-011 Conditional Use Permit Findings STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit ifthey shall f"md evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Meridian City Code 11-13-1 requires a new use to provide parking and/or loading facilities in accordance with Title 11, One parking space is required for every 10 children, plus I space is required per employee for a daycare center (MCC 11-13- 5), Currently there are two (possibly three), un-striped parking stalls on the east side of the building. The applicant has not shown a parking plan that adequately accommodates the use. The proposed site plan shows a paved driveway area and a large RV parking area, The site has an approximate 300 sq ft garage and approximately 20' wide driveway; standard parking stalls are 9'x 19'. It is practical that the resident will utilize the garage for the required "one employee" parking requirement and the driveway would accommodate the one required parking stall (1 per 10 children), The street is not an arterial or collector street. Staff finds that the subject property maybe large enough to accommodate the requested use and the required parking; however, it is not currently designed to do that. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as "medium density residential" and is currently zoned "R-8". Staff finds that the requested secondary use of a group daycare in a single family residential building is a "Conditional Use" according to MCCll-8-1. Staff finds that if the group daycare use is approved with conditions by the Commission and the Council, the c. use will be compatible with the Meridian Zoning Ordinance and the Comprehensive Plan. 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 site plan shows the yard is fenced with a 6' high wooden fehce and maintained and gated in working condition. There is existing vegetation which has been maiDtained in healthy condition. It is staffs opinion that the site is of a sufficient size for the requested uumber of children, but the applicant should be required to comply with Idaho State Department of Health and Welfare, Childcare Licensiug Division and acquire an occupancy certificate and/or building pennit to certify the building and play area, It is often difficult to find an ideal location for a daycare center, Residents often oppose daycares, and commercial businesses often have concerns about having children in close proximity to their business, but childcare facilities are a very valuable resource. Therefore, site design is critical for finding a successful location. Staff recommends that the Council rely upon public testimony, staff's analysis, and other agency comments when detennining ifthe proposed use is compatible with the neighborhood residential uses in the area and if the use will adversely change the existing and intended character ofthe 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; Please see above finding. Staff recommends that the Council rely upon public testimony, staff's analysis, and other agency comments when detennining if the proposed use is compatible with other uses in the area and if the use will adversely affect other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structnres, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; On March 11, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department requested an inspection to determine conditions and needs in order to adequately serve the project. Water and sanitary sewer service currently exist to the site. F. G. Staff finds that the proposed development can be adequately served by the essential public facilities and services listed above, if improvements are made by the applicant in accordance with existing policies, ordinances and the international building and fire codes, That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the applicant will be financing the installation of any required upgrades to the building necessary to serve the project. The Meridian Fire and Police Departments currently provide service to the site. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare, 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise from vehicles coming to and going from this site will increase; staff does not believe that the amount of traffic and noise generated will be detrimental to the general welfare ofthe public, Staff finds that the proposed use should not be detrimental to neighboring properties because the use will not generate excessive traffic, noise, smoke, fumes, glare or odors, H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACHD has not made comment on the site. The approaches lie on a local street on a dead end road, the access of the site will not impact traffic significantly more than a single family residence, Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. I. 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. Staff is not aware of any other natural or scenic feature(s) of major importance in the area that may be affected by the issuance of this conditional use.