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Robert D Cowie CITY OF MERIDIAN PUBLIC WORKS
CTIY COUNCILMEMBERS
33 EAST IDAHO BUILDINGDEPAIt1MENT
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1297
Ron Aadevson -
(208) 887-2211 • Fax 88
IDAHO 83642
MERIDIAN
I{eith Bird ,
(208) $88-4433 • FAX (208) 887-4813 PLANNING AND ZONING
Taumry deWeetd City (ledc Office Fax (ti08) 888-4218 DEPARTMENT
C1~rie McCancIless (208) 8845533 • FAX 888-6854
1VIFMORANDUM: October 5,~20J01~ j~
To: Mayor, City Council and Planning & Zoning Commission RE C E I V ~ L
From: Bruce Freckleton, Assistant to City Engineer ~ ~~T 2 5 Z~~~
David McKinnon, City Planner ~ City Of Meridian
City Clerk Office
Re: Request for Conditional Use Permit for the Establishment of a Group Daycare
Facility for Six (6) to 1~velve (12) Children in an R 8 Zone by Virginia Beberness
(File No. CUP-01-033)
We have reviewed this submittal and offer the following comments, as conditions of the applicant.
These conditions shall be considered in full, unless expressly modified or deleted by motion of the
Meridian City Council:
APPLICATION SUMMARY
Virginia Beberness has requested approval of a Conditional Use Permit for a Group Childcare Home
(6 to 12 children) at a home to be built on Lot 14, Block 2 of Tremont Subdivision.
LQ~ATiON & SURROUNDING USES
The subject property is located within the Tremont Subdivision, located at the southwest corner of
Broadway and 8'" Street. The property is zoned R-8.
The following uses surround the subject property:
North -
South -
East -
West -
CUP-01-033 Beb~ness•CUP
Planning & Zoning Colnmission/Mayor & City Council
October 5, 2001
Page 2
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 shall find adequate evidence showing that such use at the
proposed location (11-17-3):
A. Will in fact constitute a conditional use as determined by City policy;
Group Childcare homes are a conditional use according to the City's Schedule of Use
Control (MCC 11-8-1).
B. Will be harmonious with and in accordance with the Comprehensive Plan and this
Title;
Stafffinds that the requested use is not in violation of the Comprehensive Plan or this
Section of the MCC. Therefore, staff finds that the requested use is harmonious with and
is in accordance with the adopted Comprehensive Plan and Zoning Ordinance.
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area;
Staff finds that the proposed development will change the essential character of the
general vicinity, as a childcare facility is a more intense use than asingle-family dwelling;
however, the use is not out of character with the general vicinity. Childcare facilities can
be operated in a manner that is harmonious with the surrounding uses.
D. Will not be hazardous or disturbing to existing or future neighboring uses;
Staff strongly recommends relying on public testimony to determine if the requested use
will be disturbing to the existing or future neighboring uses. Staff finds that childcare
facilities can be disturbing to neighboring uses by reasons of increased traffic and noise.
E. Will be served adequately by essential public faciUties and services such as
highways, street, police, and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment. of proposed
conditional use shall be able to provide adequately any such service;
Staff finds that the proposed development should be adequately served by the essential
public facilities and services listed above.
F. Will not create excessive additional requirements at public cost for public facilities
CUP-01-033 Beberrnss.CUP
•
Planning & Zoning Commission/Mayor & City Council
October 5, 2001
Page 3
and services and will not be detrimental to the economic welfare of the community;
Staff finds that the proposed use would not be detrimental to the economic welfare of the
community, nor would it create the need for any new facilities or services to be paid for by
the public.
G. Will not involve uses, activities, processes, materials, equipment, and conditions 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 finds that no excessive traffic, noise, smoke, fumes, glare or odors will result from
the proposed use. Some traffic and increased noise will be generated by the requested use,
but not enough to be detrimental to any persons, property or the general welfare of the
City of Meridian.
H. Will have vehicular approaches to the properly which shall be so designed as not to
create an interference with tratlFic on surrounding public streets;
Staff finds that the proposed use will not create significant. interference with any traffic on
the surrounding public streets.
L Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance.
Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by
issuance of this conditional use.
SITE SPECIFIC REQUIItEMENTS
All landscaping shall be continuously maintained and any dead or dying vegetation shall be
replaced upon request from the City. An imgation system shall be installed, or bonded for,
prior to the start of caring for children (other than those who live in the home).
2. All parking and areas of circulation shall be improved with a hard surface in accordance with
Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the
submitted site plan and Ordinance 11-13-4.F. Parking for the pickup and delivery ofchildren
shall be located in the driveway.
3. 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 permits. Temporary or portable signs are prohibited, and will be removed upon 3
CUP-01-033 Beberness•CUP
Planning & Zoning Commission/Mayor & City Council
October 5, 2001
Page 4
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. As part of a conditional use permit, the City of Meridian may impose additional
restrictionsJconditions.
6. 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.
7. No more than 12 children, including the children under the age of 14 who live in the home,
shall be cared for at any time.
RECOMMENDATION
Staff recognizes that there is a need for day care within the City of Meridian; nevertheless not all
residents of the City want to live next to a daycare. Staff recommends approval of the application;
however, the commission and council should rely upon public testimony to determine if additional
conditions should be placed on the application to limit noise or the increased traffic generated by the
requested use.
CUP-01-033 Beberness.CUP
November 13, 2001
CU P O 1-033
MERIDIAN PLANNING 8~ ZONING MEETING November 15, 2001
APPLICANT Virginia L. Beberness ITEM NO. 6
REQUEST Public Hearing -Request for a Conditional Use Permit for a Group Day Care with
approximately six children in an R-8 zone for Virginia L. Bebemess -Lot 14, Block 2 of Tremont
Subdivision
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
SANITARY SERVICE:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
OTHER:
See attached Staff Comments
No Comment
See attached Comments
See attached Comments
"No Remarks"
"No Comment"
See attached Comments
See attached Comments
See attached Comments
~.~ ~'
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No Comment
a~
Contacted: a ~ 1 ~, Date: Phone: J~
Mate als presented at public meetlnya shall become property of the City of Merldlan.
•
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A GROUP
DAY CARE IN AN R-8 ZONE
Case No. CUP-O1-033
RECOMMENDATION TO CITY
COUNCIL
VIRGINIA BEBERNESS,
Applicant
1. The property is located at Lot 14 Bloclc 2 of Tremont Subdivision,
Meridian, Idaho.
2. The owner of record of the subject property is Corey Barton
Construction, Inc. of Meridian.
3. Applicant is Virginia L. Beberness of San Diego, California.
4. 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
11-7-2.
5. The proposed application requests a conditional use permit for a group
day care for approximately 6 children in her own home (the house is yet to be
constructed). 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
RECOMMENDATION TO CITY COUNCIL - 1
CONDITIONAL USE PERMIT -GROUP DAY CARE -VIRGINIA L.
BEBERNESS
•
Ordinance, Section 11-8-1).
6. The Meridian Planning and Zoning Commission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
7. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the conditional use permit
as requested by the applicant, subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
All landscaping shall be continuously maintained and any dead or dying
vegetation shall be replaced upon request from the City. An irrigation
system shall be installed, or bonded for, prior to the start of caring for
children (other than those who live in the home).
2. All parking and areas of circulation shall be improved with a hard
surface in accordance with Meridian City Code 11-13-4.D, and shall be
installed and striped in accordance with the submitted site plan and
Ordinance 11-13-4.F. Parking- for the pick up and delivery of children
shall be located in the driveway.
3. 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 permits. Temporary
or portable signs are prohibited, and will be removed upon 3 days notice
to the applicant.
RECOMMENDATION TO CITY COUNCIL - 2
CONDITIONAL USE PERMIT -GROUP DAY CARE -VIRGINIA L.
BEBERNESS
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. As part of a conditional use permit, the City of Meridian may impose
additional restrictions/conditions.
6. 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 Clerk's office for inclusion in the City's records.
7. No more than 12 children, including the children under the age of 14
who live in the home, shall be cared for at any time.
Adopt the Recommendations of the Meridian Fire Department as follows:
8. Applicant shall comply with State Fire Marshall's requirements for
daycares. Inspection will be conducted by Meridian Fire Department.
Adopt the Recommendations of the Meridian Building Department as follows:
9. The proposed group daycare is an E-3 occupancy and the Uniform
Building Code will not allow the second story used as part of the daycare
with the type V-N that is normal for a residence. The Code does make
exceptions that will allow the use if specific requirements are completed,
but they most likely are cost prohibitive.
Adopt the Recommendations of Sanitary Services as follows:
10. May require Commercial rate can or container service.
Adopt the Recommendations of Central District Health as follows:
11. Applicant shall submit plans for review for a child care center.
ey/Z:\Work\M\Meridian\Meeidian 15360M\Recommendations\CUP01033Beberness.wpd
RECOMMENDATION TO CITY COUNCIL - 3
CONDITIONAL USE PERMIT -GROUP DAY CARE -VIRGINIA L.
BEBERNESS
•
December 14, 2001
•
CUP 01-033
MERIDIAN CITY COUNCIL MEETING December 18, 2001
APPLICANT Virginia L. Bebemess ITEM NO. ~ lp
REQUEST Public Hearing -- Request for a Conditional Use Permit for a Group Day Care with
approximately six children in an R-8 zone for Virginia L. Bebemess -lot 14, Block 3 of Tremont
Subdivision
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
Sse a##ached P&Z 1#em Packe#
See a#laehsd Recommendations
~ ~P
&~°, ,
f a I ~1 ,~~~~ n ~~ Date: (G 17 p Phone: ~~ / ~ ~
Materials presented at publle meeMn~s shall become property of the City of Merldfan. /Q/
December 28, 2001
CUP 01-033
MERIDIAN CITY COUNCIL MEETING January 2, 2002
APPLICANT Virginia L. Beberness ITEM NO.
REQUEST Findings -Request for a Conditional Use Permit for a Group Day Care with
approximately six children in an R-8 zone for Virginia L. Bebemess -- Lot 14, Block 3 of Tremont
Subdivision
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY See affached Findir~s
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT: Q.
MERIDIAN POST OFFICE:
~~
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: ~ 1111 / Date: ~ Z 3 Phone: ~~' ~7cS~
Materials pr®sent®d at pubUc me~eHn~s shall become property of the Clfy of Meridian. ~~
•
interoffice ~ ~ ~ .~ ~ ,~,
MEMORANDUM
a ~: K.. , _ ;~ F
CITY 4F MERIDIAN
CITY CLERK OFFICE
To: William G. Berg, Jr.
From: Wm. F. Nicho
Subject: Virginia L. Beberness /Group Daycare Home
File No.: CUP-O1-033
Date: December 19, 2001
Will:
Please find attached the original FINDINGS OF FACT
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of
the Council at their December 18, 2001, meeting. The Findings will be on the
Council's agenda for their January 2, 2002, meeting.
I have also attached the original of the ORDER OF CONDITIONAL
APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the
FINDINGS.
Please serve copies of both documents upon the Applicant, Planning and
Zoning, Public Worlcs Department and the City Attorney.
If you have any questions please advise.
Z:\WorkWl\Meridian\Nleridian 15360M\Beberness Virginia CUPO1-033\ClerkMemoCUPffclsandOrder.doc
~ ~ FILE COPY
BEFORE THE MERIDIAN CITY COUNCIL
C/C 12-18-01
IN THE MATTER OF THE
APPLICATION OF VIRGINIA L.
BEBERNESS, FOR A
CONDITIONAL USE PERMIT
FOR A GROUP DAYCARE HOME
FOR APPROXIMATLEY 6
CHILDREN IN AN R-8 ZONE,
LOCATED AT LOT 14 BLOCK 2
OF TREMONT SUBDIVISION,
MERIDIAN, IDAHO
Case No. CUP-O1-033
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 18, 2001, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified at the hearing was the applicant, Virginia L.
Beberness, 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
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 December
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
VIRGINIA L. BEBERNESS /GROUP DAYCARE HOME (CUP-O1-033) - 1
18, 2001, 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 newspaper, radio and
television stations as public service announcements; and the matter having been duly
considered by the City Council at the said December 18, 2001, 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 Comprehensive Plan of the City of Meridian adopted
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
VIRGINIA L. BEBERNESS /GROUP DAYCARE HOME (CUP-O1-033) - 2
December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance
establishing the Impact Area Boundary Ordinance and Map.
4. The property is located at Lot 14 Block 2 of Tremont Subdivision, Meridian,
Idaho.
5. The owner of record of the subject property is Randall Beberness formerly of
San Diego, California and now of Meridian, Idaho.
6. Applicant is Virginia L. Beberness formerly of San Diego, California and now
of Meridian, Idaho.
7. 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.
8. The proposed application requests a conditional use permit for a group day
care for approximately 6 children in her own home (the house is yet to be
constructed). 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
VIRGINIA L. BEBERNESS /GROUP DAYCARE HOME (CUP-O1-033) - 3
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. That the Applicant, Virginia L. Beberness, and Randall Beberness, owner of
the property, is granted a conditional use permit for a group day care home for
approximately 6 children, located at Lot 14 Block 2 of Tremont Subdivision,
Meridian, Idaho. The requested conditional use is described in the attached Exhibit
"A" consisting of three pages, for the development of the aforementioned projects and
which property is described hereinbelow to-wit:
Lot 14 Bloclc 2 of Tremont Subdivision, Ada County, Idaho.
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.
12.A Conditions requested by the City of Meridian Planner for the
Planning and Zoning Department, David McKinnon, and Bruce
Freckleton, Engineering Technician III, Public Worlcs, within
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
VIRGINIA L. BEBERNESS /GROUP DAYCARE HOME (CUP-O1-033) - 4
their Memorandum dated October 5, 2001, shall be required as
follows:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
12.1 All landscaping shall be continuously maintained and any dead or
dying vegetation shall be replaced upon request from the City. An
irrigation system shall be installed, or bonded for, prior to the
start of caring for children (other than those who live in the
home).
12.2 All parking and areas of circulation shall be improved with a hard
surface in accordance with Meridian City Code 11-13-4.D, and
shall be installed and striped in accordance with the submitted
site plan and Ordinance 11-13-4.F. Parking for the pick up and
delivery of children shall be located in the driveway.
12.3 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
permits. Temporary or portable signs are prohibited, and will be
removed upon 3 days notice to the applicant.
12.4 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.
12.5 As part of a conditional use permit, the City of Meridian may
impose additional restrictions/conditions.
12.6 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 Clerk's office for inclusion in the
City's records.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
VIRGINIA L. BEBERNESS /GROUP DAYCARE HOME (CUP-O1-033) - 5
12.7 No more than 12 children, including the children under the age
of 14 who live in the home, shall be cared for at any time.
Adopt the Recommendations of the Meridian Fire Department as follows:
12.8 Applicant shall comply with State Fire Marshall's requirements
for daycares. Inspection will be conducted by Meridian Fire
Department.
Adopt the Recommendations of the Meridian Building Department as follows:
12.9 The proposed group daycare is an E-3 occupancy and the
Uniform Building Code will not allow the second story used as
part of the daycare with the type V-N that is normal for a
residence. The Code does make exceptions that will allow the use
if specific requirements are completed, but they most likely are
cost prohibitive.
Adopt the Recommendations of Sanitary Services as follows:
12.10 May require Commercial rate can or container service.
Adopt the Recommendations of Central District Health as follows:
12.11 Applicant shall submit plans for review for a child care center.
Adopt the Recommendations of the Ada County Highway District as follows:
12.12 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 ACRD 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
VIRGINIA L. BEBERNESS /GROUP DAYCARE HOME (CUP-O1-033) - 6
Additionally, the applicant shall comply with the action of the City Council
taken at their December 18, 2001 meeting, as follows:
12.13 Pertaining to the fencing on the back property line, which abuts
the Nine Mile Creelc, the applicant shall be allowed a 6' fence but
only 4' shall be allowed to be solid cedar fencing, and the
remaining top 2' shall be of a material that is open, example:
lattice or open style fencing.
13. The proposed use within the subject application will be
harmonious with and in accordance with the Meridian Comprehensive Plan and the
City of Meridian Zoning and Development Ordinance.
14. The uses proposed within the subject application will 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 general vicinity. Such use will change the intended
essential character of the general vicinity, as a childcare facility is a more intense use
than asingle-family dwelling; however, the use is not out of character with the
general vicinity. Childcare facilities can be operated in a manner that is harmonious
with the surrounding uses.
15. The uses proposed within the subject application will not be
hazardous, but could be disturbing to existing or future neighboring uses, as childcare
facilities increase traffic and noise.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
VIRGINIA L. BEBERNESS /GROUP DAYCARE HOME (CUP-O1-033) - 7
•
16. The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water, and sewer.
17. The applicant has agreed to pay any 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, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors. Some traffic and increased
noise will be generated by the requested use, but not enough to be detrimental to any
persons, property or the general welfare of the City of Meridian.
19. The proposed use will not create significant interference with any traffic
on the surrounding public streets.
20. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. Idaho Code § 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide for
the processing of applications for special or conditional use
permits; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
VIRGINIA L. BEBERNESS /GROUP DAYCARE HOME (CUP-O1-033) - 8
r:
(B) That a special use permit may be 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 may be
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
VIRGINIA L. BEBERNESS /GROUP DAYCARE HOME (CUP-O1-033) - 9
•
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."
4. The City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
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, Virginia L. Beberness, and Randall Beberness, owner of
the property, is granted a conditional use permit for a group day care home for
approximately 6 children, located at Lot 14 Bloclc 2 of Tremont Subdivision,
Meridian, Idaho. The requested conditional use is described in the attached Exhibit
"A" consisting of three pages, for the development of the aforementioned projects and
which property is described hereinbelow to-wit:
Lot 14 Bloclc 2 of Tremont Subdivision, Ada County, Idaho.
2. The applicant is granted a conditional use permit for and subject to the
following terms and conditions:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
2.1 All landscaping shall be continuously maintained and any dead or
dying vegetation shall be replaced upon request from the City. An
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
VIRGINIA L. BEBERNESS /GROUP DAYCARE HOME (CUP-O1-033) - 10
•
irrigation system shall be installed, or bonded for, prior to the
start of caring for children (other than those who live in the
home).
2.2 All parking and areas of circulation shall be improved with a hard
surface in accordance with Meridian City Code 11-13-4.D, and
shall be installed and striped in accordance with the submitted
site plan and Ordinance 11-13-4.F. Parking for the pick up and
delivery of children shall be located in the driveway.
2.3 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
permits. Temporary or portable signs are prohibited, and will be
removed upon 3 days notice to the applicant.
2.4 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.
2.5 As part of a conditional use permit, the City of Meridian may
impose additional restrictions/conditions.
2.6 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 Clerk's office for inclusion in the
City's records.
2.7 No more than 12 children, including the children under the age
of 14 who live in the home, shall be cared for at any time.
Adopt the Recommendations of the Meridian Fire Department as follows:
2.8 Applicant shall comply with State Fire Marshall's requirements
for daycares. Inspection will be conducted by Meridian Fire
Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
VIRGINIA L. BEBERNESS /GROUP DAYCARE HOME (CUP-O1-033) - 11
Adopt the Recommendations of the Meridian Building Department as follows:
2.9 The proposed group daycare is an E-3 occupancy and the
Uniform Building Code will not allow the second story used as
part of the daycare with the type V-N that is normal for a
residence. The Code does make exceptions that will allow the use
if specific requirements are completed, but they most likely are
cost prohibitive.
Adopt the Recommendations of Sanitary Services as follows:
2.10 May require Commercial rate can or container service.
Adopt the Recommendations of Central District Health as follows:
2.11 Applicant shall submit plans for review for a child care center.
Adopt the Recommendations of the Ada County Highway District as follows:
2.12 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.
Additionally, the applicant shall comply with the action of the City Council
taken at their December 18, 2001 meeting, as follows:
12.13 Pertaining to the fencing on the back property line, which abuts
the Nine Mile Creek, the applicant shall be allowed a 6' fence but
only 4' shall be allowed to be solid cedar fencing, and the
remaining top 2' shall be of a material that is open, example:
lattice or open style fencing.
3. That the City Attorney draft an Order Granting Conditional Use Permit
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
VIRGINIA L. BEBERNESS /GROUP DAYCARE HOME (CUP-O1-033) - 12
in accordance with this Decision, which shall be signed by the Mayor and City Cleric
and then a copy served by the Cleric upon the applicant, the Planning and Zoning
Department, Public Works Department and City Attorney and any 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 § 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 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 c~G~ti~. , 2002.
ROLL CALL
COUNCILMAN BIRD VOTED-~~~
COUNCILWOMAN deWEERD VOTED-~~~`-
COUNCILWOMAN McCANDLESS VOTED_~~~-°`-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
VIRGINIA L. BEBERNESS /GROUP DAYCARE HOME (CUP-O1-033) - 13
COUNCILMAN ~h~-f~ VOTED-~~~
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ~~ Z w~
MOTION: APPROVED DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs
Department and City Attorney. ~„~;
City Clerlc
Dated: (- 2 -~Z
'~~
~~~
\WPA NTS40_PDC\.SERVER_Z\Worlc\M\Meridian\Meridian 15360M\Beberness Virginia CUPOI-
033\CUPFfCIsOrdDecO 1033. doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
VIRGINIA L. BEBERNESS /GROUP DAYCARE HOME (CUP-O1-033) - 14
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BEFORE THE MERIDIAN CITY COUNCIL
C/C 12-18-01
IN THE MATTER OF THE APPLICATION OF )
VIRGINIA L. BEBERNESS, FORA )
CONDITIONAL USE PERMIT FOR A GROUP )
DAY CARE HOME FOR APPROXIMATLEY 6 )
CHILDREN, LOCATED AT LOT 14 BLOCK 2 )
OF TREMONT SUBDIVISION, MERIDIAN, )
IDAHO )
CASE NO. CUP-00-007
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 18TH day of December,
2001, 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, Virginia L. Beberness, and Randall Beberness, owner of the
property, is granted a conditional use permit for a group day care home for
approximately 6 children, located at Lot 14 Block 2 of Tremont Subdivision,
Meridian, Idaho. The requested conditional use is described in the attached Exhibit
"A" consisting of three pages, for the development of the aforementioned projects and
which property is described hereinbelow to-wit:
Lot 14 Block 2 of Tremont Subdivision, Ada County, Idaho.
2. That the above named applicant is granted a conditional use permit for a group
day care home for approximately 6 children, located at Lot 14 Block 2 of Tremont
Subdivision, Meridian, Idaho, subject to the following conditions of use and
development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - PAGE 1 OF 4
VIRGINIA L. BEBERNESS -GROUP DAY CARE
HOME FOR APPROXIMATELY 6 CHII.DREN {CUP-O1-033)
as follows:
2.1 All landscaping shall be continuously maintained and any dead or
dying vegetation shall be replaced upon request from the City. An
irrigation system shall be installed, or bonded for, prior to the
start of caring for children (other than those who live in the
home).
2.2 All parking and areas of circulation shall be improved with a hard
surface in accordance with Meridian City Code 11-13-4.D, and
shall be installed and striped in accordance with the submitted
site plan and Ordinance 11-13-4.F. Parking for the pick up and
delivery of children shall be located in the driveway.
2.3 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
permits. Temporary or portable signs are prohibited, and will be
removed upon 3 days notice to the applicant.
2.4 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.
2.5 As part of a conditional use permit, the City of Meridian may
impose additional restrictions/conditions.
2.6 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 Clerk's office for inclusion in the
City's records.
2.7 No more than 12 children, including the children under the age
of 14 who live in the home, shall be cared for at any time.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - PAGE 2 OF 4
VIRGINIA L. BEBERNESS -GROUP DAY CARE
HOME FOR APPROXIMATELY 6 CHII.DREN (CUP-O1-033)
~ ~
Adopt the Recommendations of the Meridian Fire Department as follows:
2.8 Applicant shall comply with State Fire Marshall's requirements
for daycares. Inspection will be conducted by Meridian Fire
Department.
Adopt the Recommendations of the Meridian Building Department as follows:
2.9 The proposed group daycare is an E-3 occupancy and the
Uniform Building Code will not allow the second story used as
part of the daycare with the type V-N that is normal for a
residence. The Code does make exceptions that will allow the use
if specific requirements are completed, but they most likely are
cost prohibitive.
Adopt the Recommendations of Sanitary Services as follows:
2.10 May require Commercial rate can or container service.
Adopt the Recommendations of Central District Health as follows:
2.11 Applicant shall submit plans for review for a child care center.
Adopt the Recommendations of the Ada County Highway District as follows:
2.12 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 ACRD Ordinances unless
specifically waived in writing by the District.
Additionally, the applicant shall comply with the action of the City Council
taken at their December 18, 2001 meeting, as follows:
2.13 Pertaining to the fencing on the back property line, which abuts
the Nine Mile Creek, the applicant shall be allowed a 6' fence but
only 4' shall be allowed to be solid cedar fencing, and the
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - PAGE 3 OF 4
VIRGINIA L. BEBERNESS -GROUP DAY CARE
HOME FOR APPROXIMATELY 6 CHII.DREN (CUP-O1-033)
remaining top 2' shall be of a material that is open, example:
lattice or open style fencing.
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
which is attached to this permit.
~~
,B~' action of the City Council at its regular meeting held on the Z -day of
t/~`zuac , 2002.
ob rt D. Corrie,
Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs
Department and City Attorney.
Dated: ~~ 2 ' ~ ~
City Clerk
Z:\Work\M\MeridianWleridian 15360M\Beberness Virginia CUP01-033\CUPOrder.doc
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - PAGE 4 OF 4
VIRGINIA L. BEBERNESS -GROUP DAY CARE
HOME FOR APPROXIMATELY 6 CHII.DREN (CUP-O1-033)
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