HomeMy WebLinkAboutFloyd, Christina CUP 02-030BEFORE THE MERIDIAN CITY COUNCIL
C/C 12-03-02
IN THE MATTER OF THE
APPLICATION OF CHRISTIIVA
FLOYD, FOR A CONDITIONAL USE
PERMIT FOR A GROUP DAYCARE
FOR 6-12 CHILDREN IN AN R-8
ZONE, LOCATED AT 567 EAST
BROWN BEAR STREET, MERIDIAN,
IDAHO
Case No. CUP-02-030
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 December 3, 2002, and Brad Hawkins-Clark Interim Director for the Planning and Zoning
Department, and Christina Floyd, 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 premises, the Council finds and concludes as follows:
FINDINGS OF FACT
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 December 3, 2002,
before the City Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred feet (300') of the external
boundaries of the property under consideration more than fifteen (15) days prior to said hearing
and with the notice of public hearings having been posted upon the property under consideration
more than one week before said hearing and the copies of all notices were made available to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHRISTINA FLOYD /GROUP CHILD CARE HOME (CUP-02-030) - 1
newspaper, radio and television stations as public service announcements; and the matter having
been duly considered by the City Council at the said December 3, 2002, public hearing; and the
Applicant, affected property owners, and government subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§67-6509 and 67-6512; 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. Council takes judicial notice of its Zoning, Subdivision and Development
Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps
thereof and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and Maps and the Ordinance establishing the Impact Area Boundary
Ordinance and Map.
4. The property is located at 567 East Brown Bear Street, Meridian, Idaho.
5. The owner of record of the subject property is Christina Floyd, 567 East
Brown Bear Street, Meridian, Idaho.
6. Applicant is owner of record.
The subject property is currently zoned Medium Density Residential (R-8).
The zoning district of R-8 is defined within the City of Meridian Zoning and Development
Ordinance, Section 11-7-2.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHRISTINA FLOYD /GROUP CHILD CARE HOME (CUP-02-030) - 2
8. The proposed application requests a conditional use permit to operate a
group daycare for 6-12 children in her home. The R-8 zoning designation within the City of
Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for
most uses including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 11-8-1).
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. That the Applicant, Christina Floyd, owner of the property, is granted a
conditional use permit to operate a group daycare for 6-12 children in her home, located at 567
East Brown Bear Street, Meridian, Idaho. The requested conditional use is described in the legal
and vicinity map which is on file in the City of Meridian Clerk's office, which is located at 33
East Idaho Street, Meridian, Idaho, for the development of the aforementioned project.
12. Giving due consideration to the comments received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHRISTINA FLOYD /GROUP CHILD CARE HOME (CUP-02-030) - 3
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC REOUIltEMENTS
1. All landscaping shall be continuously maintained and any dead or dying vegetation
shall be replaced upon request from the City.
2. All pazking and areas of circulation shall be improved with a hard surface in
accordance with Meridian City Code 11-13-4.D. Parking for the pickup and delivery
of children shall be located in the driveway and not on the street.
3. No signage is permitted as part of this application. If any is proposed it shall be in
compliance with the City ofMeridian's Sign Ordinance. Temporary or portable signs
or banners are prohibited, and will be removed upon 3 days notice to the applicant.
4. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the UBC (1997 Uniform Building Code). The
UBC defines all buildings used in the daycaze of 6 or more children as an E-III
occupancy and must then meet all standards as set forth in the UBC for such an
occupancy.
5. The applicant shall meet all of the licensing requirements of the State of Idaho prior
to beginning operation. A copy of the State license shall be submitted to the Clerks
office for inclusion in the City's records.
6. Pursuant to the applicant's letter submitted with the application, no more than 12
children per day may be cared for by the applicant at her home located at 567 E.
Brown Bear.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
The facility will have to meet the State Fire Marshal's standards for family daycaze
facilities.
2. Address posted in 6" numbers on the front of the building.
C. Adopt the notations of the Sanitary Service as follows:
1. Waste volume may require commercial waste rates
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHRISTINA FLOYD /GROUP CHILD CARE HOME (CUP-02-030) - 4
D. Adopt the Ada County Highway District notations as follows:
All future design plans and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived in writing by the District.
13. That the site is large enough to accommodate the requested
childcare uses.
14. That the proposed use and development plan will be harmonious
with the current Meridian Comprehensive Plan and in accordance with the requirements of this
Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the
property as "Single-family residential."
15. 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; it is found that the proposed development will not change the
essential character of the general vicinity. The applicant already has a permit to care for up to
five children, and the addition of 3-7 more children will not adversely change the character of the
area.
16. That the proposed use, if it complies with all conditions of the
approval imposed, will not adversely affect other property in the vicinity.
17. The uses proposed within the subject application will be served
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHRISTINA FLOYD /GROUP CHILD CARE HOME (CUP-02-030) - 5
adequately by central public facilities and services such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water, and sewer.
18. 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.
19. 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; it is found that no excessive traffic, noise (if children are properly supervised),
smoke, fumes, glare or odors will result from the proposed use.
20. That the proposed use will not create significant interference with
any traffic on the surrounding public streets as long as ACRD requirements are met and all
approaches and traffic control measures are installed.
21. 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 by issuance
of this conditional use.
22. The applicant has agreed to pay any additional sewer, water or
trash fees or charges, if any associated with the use.
CONCLUSIONS OF LAW
Idaho Code § 67-6512 provides in part that:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHRISTINA FLOYD /GROUP CHILD CARE HOME (CUP-02-030) - 6
(A) As part of a zoning ordinance the City Council may provide for the
processing of applications for special or conditional use permits; and
(B) That a special use permit maybe granted to an applicant if the proposed
use is otherwise prohibited by 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 services for the proposed use, and when it is not in
conflict with the plan; and
(C) That upon the granting of a special use permit, conditions maybe attached
to a special use permit, including, but not limited to, those:
1) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
4) Assuring that 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 generally
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.
2. The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactment of Meridian City Code
§ 11-17.
3. Idaho Code § 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as
the "Local Land Use Planning Act of 1975."
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHRISTINA FLOYD /GROUP CHILD CARE HOME (CUP-02-030) - 7
4. The City of Meridian has enacted the Amended Comprehensive Plan City of
Meridian adopted August 6, 2002, Resolution No. 02-382.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
1. That the Applicant, Christina Floyd, owner of the property, is granted a
conditional use permit to operate a group daycare 6-12 children in her home, located at 567 East
Brown Bear Street, Meridian, Idaho. The requested conditional use is described in the legal and
vicinity map which are on file with the City Clerk's office at Meridian City Hall, 33 East Idaho,
Meridian, for the development of the aforementioned projects.
2. The applicant is granted a conditional use permit for and subject to the following
terms and conditions:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC REQUIREMENTS
1. All landscaping shall be continuously maintained and any dead or dying vegetation shall
be replaced upon request from the City.
2. All parking and areas of circulation shall be improved with a hard surface in accordance
with Meridian City Code 11-13-4.D. Parking for the pick up and delivery of children
shall be located in the driveway and not on the street.
3. No signage is permitted as part of this application. If any is proposed it shall be in
compliance with the City of Meridian's Sign Ordinance. Temporary or portable signs or
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHRISTINA FLOYD /GROUP CHILD CARE HOME (CUP-02-030) - 8
banners are prohibited, and will be removed upon 3 days notice to the applicant.
4. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the UBC (1997 Uniform Building Code). The UBC
defines all buildings used in the daycare of 6 or more children as an E-III occupancy and
must then meet all standards as set forth in the UBC for such an occupancy.
5. The applicant shall meet all of the licensing requirements of the State of Idaho prior to
beginning operation. A copy of the State license shall be submitted to the Clerks office
for inclusion in the City's records.
6. Pursuant to the applicant's letter submitted with the application, no more than 12
children per day may be cared for by the applicant at her home located at 567 E. Brown
Bear.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
The facility will have to meet the State Fire Marshal's standards for family daycare
facilities.
2. Address posted in 6" numbers on the front of the building.
C. Adopt the notations of the Sanitary Service as follows:
Waste volume may require commercial waste rates.
D. Adopt the Ada County Highway District notations as follows:
All future design plans and construction shall be in accordance with the Ada
County Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived in writing by the District.
3. That the City Attorney draft an Order Granting Conditional Use Permit
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, Public Works
Department and City Attorney and any affected party requested notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHRISTINA FLOYD /GROUP CHILD CARE HOME (CUP-02-030) - 9
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 § 67-6521 an affected person being a person who has an interest in real
property which maybe adversely affected by the issuance or denial of the conditional use permit
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.
By action of the City Council at its regular meeting held on the ~ ~ ~ day of
~.e~e~-~. , 2002.
ROLL CALL
COUNCILMAN BII2D
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
COUNCII,MAN NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: `2 17~~
FINDINGS OF FACT AND
OF LAW
VOTED--~~
VOTED'
VOTED_ t~~
VOTED ~hd~~
VOTED
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHRISTINA FLOYD /GROUP CHILD CARE HOME (CUP-02-030) - 10
MOTION: APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
By
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHRISTINA FLOYD /GROUP CHILD CARE HOME (CUP-02-030) - 11
BEFORE THE MERIDIAN CITY COUNCIL
C/C 12-03-02
IN THE MATTER OF THE APPLICATION OF ) CASE NO. CUP-02-030
CHRISTINA FLOYD, FOR A CONDITIONAL )
USE PERMIT FOR A GROUP DAYCARE FOR 6-12 ) ORDER OF
CHILDREN IN AN R-8 ZONE, LOCATED AT 567 ) CONDITIONAL
EAST BROWN BEAR STREET, MERIDIAN, IDAHO) APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 3rd day of December, 2002, for final
action on conditional use permit application and the Council having received and approving the
recommendation of the Planning and Zoning Commission the Council takes the following action
1: That the Applicant, Christina Floyd, owner of the property, is granted a conditional use to
operate a group daycaze for 6-12 children in her home, located at 567 East Brown Bear Street,
Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which
are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho.
2. That the above named applicant is granted a conditional use permit for to operate a group
daycare for 6-12 children in her home, located at 567 East Brown Bear Street, Meridian, Idaho,
subject to the following conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC REQUIREMENTS
All landscaping shall be continuously maintained and any dead or dying vegetation
shall be replaced upon request from the City.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - PAGE 1 OF 4
CHRISTINA FLOYD -GROUP CHILD CARE
HOME FOR 6-12 CHILDREN (CUP-02-030)
2. All parking and areas of circulation shall be improved with a hard surface in
accordance with Meridian City Code 11-13-4.D. Parking for the pickup and delivery
of children shall be located in the driveway and not on the street.
3. No signage is permitted as part of this application. If any is proposed it shall be in
compliance with the City ofMeridian's Sign Ordinance. Temporary orportable signs
or banners are prohibited, and will be removed upon 3 days notice to the applicant.
4. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the UBC (1997 Uniform Building Code). The
UBC defines all buildings used in the daycare of 6 or more children as an E-III
occupancy and must then meet all standards as set forth in the UBC for such an
occupancy.
5. The applicant shall meet all of the licensing requirements of the State of Idaho prior
to beginning operation. A copy of the State license shall be submitted to the Clerks
office for inclusion in the City's records.
6. Pursuant to the applicant's letter submitted with the application, no more than 12
children per day maybe cared for by the applicant at her home located at 567 E.
Brown Bear.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
The facility will have to meet the State Fire Marshal's standards for family daycare
facilities.
2. Address posted in 6" numbers on the front of the building.
C. Adopt the notations of the Sanitary Service as follows:
Waste volume may require commercial waste rates.
D. Adopt the Ada County Highway District notations as follows:
All future design plans and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived in writing by the District.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - PAGE 2 OF 4
CHRISTINA FLOYD -GROUP CHILD CARE
HOME FOR 6-12 CHILDREN (CUP-02-030)
3. The above conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without complying
with the provisions of Meridian City Code § 11-17-8, a copy of wh~i/ch is attached to the permit.
By action of the City Council at its regular meeting held on the l ! ~~ day of C2dn ~ ;
2002.
obe .Come,
M r City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney. ++++++"""'"r~r,
By i7~(iLc.,._
City Clerk
Z:\WorMM\Meridian\Meridian 153WM\Christina Floyd CUP02-030\CUPOrder.doc
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -
CHRISTINA FLOYD -GROUP CHILD CARE
HOME FOR 6-12 CHILDREN (CUP-02-030)
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PAGE 3 OF 4