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Home My WebLink AboutSunshine Academy CUP 03-006BEFORE THE MERIDIAN CITY COUNCIL, C/C 05/06/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILD CARE FACILITY IN A PROPOSED O-T ZONE, LOCATED AT 230 WEST PINE AVENUE, MERIDIAN, IDAHO BY: SUNSHINE ACADEMY, INC., APPLICANT CUP-03-006 ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 6, 2003, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council and the minutes of that hearing, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, Kelly Garrity, Sharon O'Toole, Debbie Sheridan, Merlyn Schmeckpeper, Brandon Schmeckpeper, Bob Chrispell, Darren Rocovich, Ronald Rocovich, and Charlene Rocovich, appeared and testified, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY SUNSHINE ACADEMY, INC. / (CUP-03-006) PAGE 1 OF 6 FINDINGS OF FACT AND CONCLUSIONS OF LAW The City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian 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. 2. Staff has complied with the requirements of I.C. § § 67-6509 and 67- 6512 and §§ 11-2-416 E and 11-2-418 E. The proposed location for the applicant's business is located at 230 W. Pine Avenue, Meridian, Idaho. The following uses surround the subject property: North: Single family residential and Meridian Elementary, zoned R-4, South: Single family residential, zoned R-8, East: Single and multi-family residential, zoned R-4, and West: Single family residential, zoned R-4. 4. The proposed use would be for a child care center for approximately 30 children and to convert the existing house into a child care center which is located at 230 W. Pine Avenue. Child care centers require a conditional use permit in the O-T zone. 5. The owner of the subject property, Merlyn Schmeckpeper, has requested the approval of a rezone of this subject property, 230 W. Pine Avenue, from R-4 to O-T in order to accommodate a request for a Conditional Use Permit to allow a child care center to be started on the property. Merlyn Schmeckpeper is the current owner of the subject property but he has submitted an Affidavit of legal interest to allow the applications to be submitted for the subject property. The applicants for the Conditional Use Permit, Sharon O'Toole and Debbie and James ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY SUNSHINE ACADEMY, INC. / (CUP-03-006) PAGE 2 OF 6 Sheridan -Sunshine Academy, Inc., would like to covert the existing single family dwelling at 230 W. Pine Avenue into a child care center for approximately 30 children. 6. The City Council recognizes the concerns of neighboring property owners in a letter dated March 14, 2003, and by the public testimony. The proposed development does not support adequate eviderce that there has been significant change in the adjacent area to merit the type of use as a day care facility. 8. The design and use of the property as a day care facility, from testimony and evidence presented at the hearing, would not be harmonious with the character of the general vicinity of the neighborhood and would change the character of the neighborhood significantly by the intensity of traffic. 9. The use of the property as a day care facility would be disturbing to the existing neighboring uses, which are all residential with either single or multi-family dwellings, and very few, if any, commercial businesses in the immediate adjacent area. 10. The proposed day care facility would significantly impact the area and be detrimental to the general welfare of the surrounding area by reason of the added excessive production of traffic and noise. The increase of traffic from the business, along with the configuration of the traffic flow around the proposed day care, would be a nuisance. 11. The vehicular approaches to the property would significantly impact and interfere with traffic on the surrounding public streets and the alley by greatly increasing traffic from the current level on a daily basis. Traffic trips per day would increase from 10 to 160 trips per day. 12. The denial of the corresponding application for the rezone, Case No. RZ-03-003, ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY SUNSHINE ACADEMY, INC. / (CUP-03-006) PAGE 3 OF 6 by Merlyn and Brandon Schmeckpeper from R-4 to O-T would now not be a permissible use in the present R-4 zone. CONCLUSIONS OF LAW The City Council recognizes the concerns of neighboring property owners in a letter dated March 14, 2003, and by the public testimony. 2. The proposed development does not support adequate evidence that there has been significant change in the adjacent area to merit the type of use as a day care facility. 3. The design and use of the property as a day care facility, from testimony and evidence presented at the hearing, would not be harmonious with the character of the general vicinity of the neighborhood and would change the character of the neighborhood significantly by the intensity of traffic. 4. The use of the property as a day care facility would be disturbing to the existing neighboring uses, which are all residential with either single or multi-family dwellings, and very few, if any, commercial businesses in the immediate adjacent area. The proposed day care facility would significantly impact the area and be detrimental to the general welfare of the sunrounding area by reason of the added excessive production of traffic and noise. The increase of traffic from the business, along with the configuration of the traffic flow around the proposed day care, would be a nuisance. 6. The vehicular approaches to the property would significantly impact and interfere with traffic on the surrounding public streets and the alley by greatly increasing traffic from the current level on a daily basis. Traffic trips per day would increase from 10 to 160 trips per day. ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY SUNSHINE ACADEMY, INC. / (CUP-03-006) PAGE 4 OF 6 7. That the proposed use would be served adequately by essential public facilities and services. 8. The denial of the corresponding application for the rezone, Case No. RZ-03-003, by Merlyn and Brandon Schmeckpeper from R-4 to O-T would now not be a permissible use in the present R-4 zone. ORDER OF DENIAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, the above named applicant is denied the requested conditional use permit. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial based upon the above Findings of Fact and Conclusions of Law. Dated this `Lp~` day of ~`Y(,(',tiR , 2003. ROLL CALL: COUNCILMAN KEITH BIl2D VOTED. ~ /%t COUNCILWOMAN TAMMY deWEERD VOTED Z,' LL COUNCILWOMAN CHERIE McCANDLESS VOTED. COUNCILMAN WM. L. M. NARY VOTED ~.~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~j-2o-D3 ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY SUNSHINE ACADEMY, INC. / (CUP-03-006) PAGE 5 OF 6 Attest: William G. Berg, Jr., City Copy served upon Applicant, the and the City Attorney. By; Ur un City Clerk Z:1WorkNTMendianVNeridian 15360Nf~5unshine Academy ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY SUNSHINE ACADEMY, INC. / (CUP-03-006) PAGE 6 OF 6 ~ ~l,~eercl Cowv~~-t `~reS~~d.~t Department, Public Works Department OS 09 03.doc MOTION: APPROVED: K DISAPPROVED: