HomeMy WebLinkAboutDeanne Young CUP-00-021
BEFORE THE MERIDIAN CITY COUNCIL
06-21-00
IN THE !vIA TIER OF TH E )
APPLICATION OF DEANNE )
YOUNG, FOR A CONDITIONAL )
USE PERMIT FOR A GROUP DAY )
CARE FOR 6-12 CHILDREN, )
LOCATED AT 2176 E. )
LOCHMEADOW COURT, )
MERIDIAN, IDAHO )
)
Case No. CUPwOOw021
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
The above entitled conditional use permit application having come before the
City Council on June 6, 2000, and continued until June 20, 2000, and Shari Stiles, Planning
and Zoning Aclministrator, appeared and testified at the hearing, and the Applicant, Deanne
Young, appeared and testified, and no one appearing in opposition, and the City Council
having received the staff report and the record made before the Planning and Zoning
Commission, and being fully advised in the prenlises, the Council finds and concludes as
follows:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was
published for two (2) consecutivE weeks prior to the said public hearing scheduled for
June 20,2000, before the City Council, the first publication appearing and written notice
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DEANNE YOUNG! GROUP DA YCARE (CUP-OU-02 j) . I
having been mailed to property 0\\1LerS or purchasers of record ,'vithin three hundred feet
(300') of the external boundaries of the property under consideration more than fifteen
(IS) days prior to said hearing and with the notice of public hearings having been posted
upon the propert~f under consideration more than one week before said hearing and the
copies of all notices ,vere made available to newspaper, radio and television stations as
public service announcements; and the matter having been duly considered by the City
Council at the said June 20, 2000, public hearing; and the Applicant, affected property
owners, and government subdivisions providing services vvithin the planning jurisdiction
of the City of Meridian, having been given full opportunity to t.--x:press comments and
submit evidence.
2. There has been compliance with all notice and hearing requirements
set forth in Idaho Code ss 67-6509 and 67-6512; and Meridian City Code ss 11-15-5
and ll-l 7-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication
and Proof of Posting filed \vith the staff report.
3. Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Ivleridian City Code Title 11 and Title 12 and all
current zoning maps thereof and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the
Ordinance establishing the Impact Area BOllndalY Ordinance and Map.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERIvUT SUBJECT TO CONDITIONS
DEANNE YOUNG! GROUP DA YCARE (ClJP-OO-021) - 2
4, The property is located at 2] 76 E. Lochmeadow Court, Meridian,
Idaho.
5. The OW11.er of record of the subject property is Deanne Young of
Meridian.
6. Applicant is owner of record.
7~ The subject property' is currently zoned R-8. The zoning district of
R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section
11-7-2D.
8, The proposed application requests a conditional use permit for a
child day care center. The R-8 zoning designation within the City of Meridian Zoning
and Developnlent Ordinance requires a conditional use permit be obtained for most uses
including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 11-8-]),
9. The Meridian City Counci] recognizes that the proposed
application is in compliance ,vith the Meridian Comprehensive Plan.
10. The use proposed ,\~thin the subject application ..""ill in fact,
constitute a conditional use as determined bv Citv Ordinance.
11. That the Applicant, Deanne Young, owner of the property, is
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DEANNE YOUNG I GROUP DA YCARE (CUP-OO-02l) - '1
granted a conditional use permit for a group day care home for 6-12 children, located at
2176 Lochmeadow Court, Meridian, Idaho. The requested conditional use is described
in the attached Exhibit "An consisting of two pages, for the development of the
aforem.entioned proiect and which propert:,' is described hereinbelmv to-wit:
Lot 25 in Block 9 of Chateau Meadows East No.8, according to the official plat
thereof, filed in Book 60 of Plats at Page 6023; amended by affidavit recorded
Novem.ber 3,1992, as Instrum.enc No. 9275865, and further amended by
affidavit recorded November 24, 1992, as Instrument No. 9281560, official
records of Ada County, Idaho.
Common address blown as 2176 E. Lochmeadow Court, Meridian, Idaho.
12. Giving due consideration to the conU1lents received from the
governmental subdivisions providing services in the City of Mericlian planning
jurisdiction, public facilities and services required by the proposed development will not
impose e..xpense upon the public if the following conditions of development are imposed
and the folIo-wing is also found to be req uirecl to mitignte the effects of the proposed use
and development upon services delivered b~r political subdivisions providing services to
the subject real property within the planning jurisdiction of the City of Meridian.
12.A Conditions requested by the City of Meridian's Planner, Christy
Richardson, for the Planning and Zoning Department, 'within her
Memorandum elated April 26, 2000, be required as follows:
Adopt the Recomm.endations of the Planning and Zoning Department as follows:
FINDINGS OF FACT AND CONCLUSION::; OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DEANNE YOUNG / GROUP DA YCARS (CUP-OO-02l) - 4
12.1 Applicant shall provide a minimum of one (I) off-street parking
space per emplo:'ee of the day care and adequate off-street
loading/unloading areas for children. As long as the garage is utilized,
the I8-foot driveway shown on the plan may accommodate this
requirement. (See Section 11-9-4 of the City of Meridian Zoning
and Development Ordinance.)
12.2 No signage has been submitted as part of this application, and none
is permitted.
12.3 Sanitary sewer and water to this facility shall be via existing selvice
lines. Plans for sewer and water service shall be reviewed to see if the
adc1itionalload would justi(v additional assessments~ Applicant shall
provide any information with regard to anticipated ,vater demand.
Applicant shall be required to enter into an Assessnlent Agreement
with the City of Meridian prior to operation.
12.4 A Certificate of Occupancy is required for the daycare prior to
operation.
12.5 Anv outdoor trash areas shall be screened~
12.6 The Group Day Care I-Jome shall not adversely impact surrounding
properties due to children's noise, traffic and other activities.
12.7 Applicant shall secure and maintain a childcare license from the
[claho State Departmellt of Health and vVelfare-Child Care
Licensing Division. Applicant shall provide copy of license to the
City of IvLeridian prior to beginning operation. Operator's license
shall be on-site for City inspection at all times.
12.8 Applicant shall ensure that immunization of all children is verified
prior to acceptance into program.
12.9 Applicant shall provide for screening of adjacent properties to protect
children from adverse impacts and to provide a buffer between
properties.
FINDINGS OF FACT AND CONCLUSIONS Of LAW
AND DECISION AND ORDER GRANTINC CONDITIONAL
USE PERivlIT SUBJECT TO CONDITIONS
DEANNE YOUNG I GROUP DA YCARE (CLJP-OO-02 J) - ')
12.10
12.1 I
12.12
12.13
Applicant shall provide for a solid fence of appropriate height/
construction (6-foot recommended), to enclose outside play areas~
There is currently a 6-foot high solid fence constructed around the
perimeter of the propen~'.
A concrete patio is shown on the site plan in the rear yard. This area
should be well main tained and free of any potential hazards to
children.
If the Conditional Use Permit is approved, Applicant is to schedule
an appointment \vith the Meridian Fire Department for inspection
prior to operating. Operation of da.vcare without proper approvals
will result in revocation of conditional use permit.
Applicant must keep all outside play areas free of noxious weeds.
Adopt the Recomnlendations of the Fire Department as follovvs:
12.14
All codes will need to be met.
Adopt the Recommendations of the Central District Health Department as follows:
12.15
Depending on the IHunber of children proposed the daycare may
have to be licensed bv State of Idaho.
Adopt the Reconunendations of Sanitary Services as follows:
12~ 16
The applicant shnll appl:-' for conunercinl can rate selvice rather than
residential.
Adopt the Ada County Highway District's Recommendations as follmvs:
12.17
All future design p18ns nnd construction shall be in accordance with
the Ada Count:-! I-lighwa~v District Polic:-, JVlanual, ISPWC Standards
and approved supplements, Construction Services procedures and all
applicable ACI-ID Ordinances unless specifically waived in writing by
the District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DEANNE YOUNG/GROUP DAYCARE (CUP-OO-U:21) " ()
13.
The proposed use within the subject application \viII be
harmonious \vith and in accordance with the Meridian Comprehensive Plan and the City
of Meridian Zoning and Develop111em Ordinance.
14.
The uses proposed \vithin the subject application \ViII be subject to
the conditions set forth in Finding of Fact No. 12 and will be designed, constructed,
operated and maintained to be harmonious and appropriate in appearance or intended
character of the gent"r8! vicinity 8ndthat sllch uses will not change the intended essential
character of the same 8rea.
15.
The uses proposed \vithin the subject application \ViII not be
hazardous or disturbing to existing or future neighboring lIses.
16.
The uses proposed within the subject application will be served
adequately by central public facilities and selvices slIch as highways, streets, police and
fire protection, drainage structures, refuse disposal, water, and sewer.
17.
The applicant has agreed to pa~J an:' additional sewer, water or
trash fees or charges, if any associated with the use.
18.
The uses proposed within the subject application will not involve
uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, propert:v or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DEANNE YOUNG / GROUP DAYCARE (CUP-UU-lJ21) . 7
19.
The development will not result in the destruction, loss or damage
of natural or scenic feature of m.ajor importance relating to the property.
CONCLUSIONS OF LAW
1. Idaho Code ~ 67" 6S 12 provides in part that:
(A) As part of a zoning ordinance the Cit.\' Council may provide for the
processing of applications for special or conditional use pennits; and
(B) That a special use permit 111ay be granted to an applicant if the
proposecluse is otherwise prohibited b:--r the terms of the zoning
ordinance, but may be allowed with conditions under specific
provisions of the zoning ordinance, subject to the ability of political
subdivisions, including school districts, to provide selvices for the
proposed use, and when it is not in conflict with the plan; and
(C) That upon the gnmting of a special use permit, conditions may be
attached to a special use permit, including, but not limited to, those:
I) Minimizing ~ldverse impact on other development;
2) Controlling the seq uenee and timing of development;
3) Controlling the dur8tion of development;
4) Assuring th8t development is maintained properly;
5) Designating the exact location and nature of development;
requiring the provision for on-site or off-site public facilities or
services; requiring more restrictive standards than those
generall~r required in an ordinance; requiring mitigation of
effects of the proposed development upon service delivery by
any political subdivision, including school districts, providing
services within the planning jurisdiction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERlvlIT SUBJECT TO CONDITIONS
DEANNE YOUNG / GROUP DAYCARE (CUP-OO-02 L) " 8
2. The City of N1eridian h8s exercised its authority to provide for the
processing of applications for COllditional Use Permits by the enactment of 1vlericlian
City Code S I 1-1 7.
3. Idaho Code ~ 67-6504 provides that the City Council may exercise all of
the pmvers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
knovvn as the "Local Land Use Planning Act of 1975."
4. The Cit:, of JV1ericli8n has enacted the Comprehensive Plan City of
Meridian adopted December 2 I, 1993, Ordinance No. 629, January 4, 1994.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOvV; THEREFORE, BASED UPON TI-IE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby ORDER and this does Order that:
I. That the Applicant, Deanne Young, owner of the property, is granted a
conditional use pelTnil for a group cla:' GIJ\~ home for ()-] 2 children, located at 2176 E.
Lochmeadow Coun, Meridian, Idaho. The requt'stC'cl conditional use is described in the
attached Exhibit "A" consisting of two pages, for the cle'velopment of the aforementioned
projects and vvhich property is described herC'inbelow to-wit:
Lot 25 in Block 9 of Chateau Meadows East No.8, according to the official plat
thereof, filed in Book 60 of Plats at Page 6023; amended by affidavit recorded
November 3, 1992, as Instrument No. 9275865, and further amended by
FINDINGS OF FACT AND CONCLUSIONS OF LA\-V
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERlvlIT SUBJECT TO CONDITIONS
DEANNE YOUNG / GROUP DA YCARS (CUP-lHJ-()21) - <)
affidavit recorded November 24, 1992, as Instrument No. 9281560, official
records of Ada County, Idaho.
Common address known as 2 ] 76 E. Lochmeadow Court, Meridian, Idaho~
2. The applicant is granted a conditional use permit for and subject to the
following terms and conditions:
2.1 Applicant shall provide <l minimum of one ( I) off-street parking space per
emplo:vee of the day care and adequate off-street loading/unloading areas
for children. As long as the garage is utilized, the ] 8-foot driveway shmvn
on the plan may accommoc!:lte this requirement. (See Section 11-9-4 of the
City of Nleridian Zoning and Development Ordinance.)
2.2 No signage has been submitted as part of this application, and none is
pernlitted.
2.3 Sanitar:' sewer and water to this fncilit:, shnl! be via existing service lines.
Plans for sewer and water service shall be reviewed to see if the additional
load would justify additional assessments. Applicant shall provide any
information with regard to anticipated water demand. Applicant shall be
requirecl to enter into an Assessment Agreement w1th the City of Meridian
prior to operation.
2.4 A Certificate of OCCUp~\l1C~/ is required for the daycare prior to operation.
2.5 Anv outdoor trash areas shall be screened.
2.6 The Group Day Care Home shall not adversely impact surrounding
properties due to children's noise, traffic and other activities.
2.7 Applicant shall secure anel maintain a chilelcare license from the [daho State
Department of Health and VVelfare-Child Care Licensing Division.
Applicant shall provide copy of license to the City of Meridian prior to
beginning operation. Operator's license shall be on-site for City inspection
at all times.
FINDINGS OF FACT AND CONCLUSIONS Of LA \;\1
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERIvlIT SUBJECT TO CONDITIONS
DEANNE YOUNG! GROUP DA YCARE (CUP-UO-U2]) - lO
2.8 Applicant shall ensure that immunization of all children is verified prior to
acceptance into program.
2.9 Applicant shall provide for screening of adjacent properties to protect
children from adverse impacts and to provide a buffer between properties.
2.10 AppUcan.t shall provide for a solid fence of appropriate height! construction
(6~foot recommended), to enclose outside play areas. There is currently a 6-
foot high solid fence constructed around the perim.eter of the property~
2.11 A concrete patio is shown Oil the si Le plan in the rear yard. This area should
be \vell maintained and free of an,v potential hazards to children.
2.12 If the Condi tional Use Permit is approved, Applicant is to schedule an
appointment with the Meridian Fire Department for inspection prior to
operating. Operation of daycare without proper approvals will result in
revocation of conditional use permit.
2~ 13 Applicant must keep 811 outside pl8y areas free of noxious weeds.
2.14 All coeles will need to be ll'let.
2.15 Depending on the number of children proposed the daycare may have to be
licensed bv State of Idaho.
2~ 16 The applicant sh~dl apply (or COll1l11t'rcial Gln rate service rather than
resickntial.
2~ 1 7 All future design pl8ns and construction shall be in accordance \vith the Ada
County Highway District Policy Manual, ISPWC Standards and approved
supplemen ts, Construction Services ]Jroced ures and all a ppli cable ACHD
Ordinances unless specificall:-f w8ived in writing by the District.
3. That the City ALtorne:--f draft an Order Granting Conditional Use Permit
FINDINGS OF FACT AND CONCLUSIONS Of LA \V
AND DECISION AND ORDER GRANTINC CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
DEANNE YOUNG / CROUP DAYCARE (CUP-lH)-llL I) - II
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and
then a copy served by the Clerk llpon the applicant, the Planning and Zoning
Department, Public \Narks Department ;md City Attorney and an:' affected party
requested notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 6 7 ~652 I an affected person being a person who has
an interest in real property which nlay be adversely affected by the issuance or denial of
the conditional use permit may within twent:'-eight (28) clays after the date of this
decision and order seek a i uclicial review as provided b~r Chapter 52, Ti tie 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
5.f!2- davof
,.
d~~
(f
,2000.
ROLL CALL
COUNCILMAN ANDERSON
VOTED ~t/l.--
COUNCILh'lAN BIRD
VOTED
COUNCILPERSON cle'vVEERD
VOTED$-"-
FINDINGS OF FACT AND CONCLUSIONS OF LA\V
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERtvlIT SUBJECT TO CONDITIONS
DEANNE YOUNG / GROUP DA YCARE (CUP-OU-()ll) - 12
COUNCILMAN McCANDLESS
VOTED-$- ct....-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 7-S--00
VOTED
MOTION: APPROVED:~-S'iJ6
DISAPPROVED:
Copy selvecl upon Applicant, the Pbnning and Zoning Department, Public Works
Department and Cit:-., Attorney.
!::
By: J/~?~,9-
City Clerk
Dated:
7-5-tJO
msg!Z:\Work\iVI\t'vleridiall 1 )'~()()!\iI\YOllllg D\'allll(' Cl '1' Crollp I ):IV Cah'\Cl 'PI'K:J.~ )1\11),,<,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERlvlIT SUBJECT TO CONDITIONS
DEANNE YOUNG! CROUP DA YCARE (CUP-lH)-()21) - 13
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