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Carolyn Ridgeway BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN CAROLYNE RIDGEWAY VARIANCE AND CONDITIONAL USE PERMIT 1223 DARRAH DRIVE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing July 13, 1993, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That 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 July 13, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 13,1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and the Applicant owns the property which property is described in the application which description is incorporated herein; that the surrounding properties are residential homes; that the subject property is zoned R-4 Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1 3. That the Applicant requests a Conditional Use Permit for a Group Child Care business in the R-4 District for the operation of a Group Child Care Home; that such use requ~res a Conditional Use Permit in any zone where allowed. 4. That the R-4 District is described ~n the Zoning Ordinance, 11-2-408 B 3. as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except" for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 5. That the property is contained in the CAIRNS NEIGHBORHOOD as designated on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan; neighborhoods are defined in the Plan at Page 6 and states as follows: "Definition: The neighborhood is a residential area with uniform characteristics of a size comparable to that usually served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one-half to one and one-half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification." 6. That the use proposed by the Applicant is set forth above and the Applicant proposes to care for 12 or less children; that the definition of Group Child Care Home allows the number of children in that type of facility to be 12 or less. FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2 7. That the day care use proposed by Applicant is not an allowed conditional use in the R-4 District which the Applicant's property is zoned; the Applicant has filed an application for a variance from the R-4 District provisions which prohibit the use requested by Applicant. 8. That the subject property is occupied by the Applicant and her family; that the yard is proposed to be entirely fenced and have padlocked gates; that the property does have irrigation canals or facilities in the area; that Five Mile Creek is adjacent to the rear property line. 9. That sewer and water is already connected to the property, but the use may require additional charges or fees. 10. That the City Engineer submitted comments which are incorporated herein as if set forth in full. 11. That the Applicant obtained the signatures of 17 of the property owners within 300 feet of Applicant's property; that 16 of the property owners had no objection to the day care; that 1 property owner was undecided; that there was no written or oral testimony submitted in opposition to the application. 12. That the Applicant testified that the children would be supervised at all times; that the hours of operation would be from 6:00 a.m. to 6:00 p.m. 5 days per week; that Applicant is not presently caring for any children; and that Applicant has parking spaces for cars in her driveway; that the City Engineer questioned the ability of cars dropping off children to turn around. 13. That the Applicant does not live on an arterial or FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3 collector street and Darrah Street dead ends at the property's east boundary. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property which abut the external lot or boundary lines of the property under consideration. 2. That the City of Meridian has authority to grant Conditional Use Permits pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; and 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 (D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 5. That 11-2-41á (C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission shall review applications for Conditional Use Permits; that those standards are as follows: a. The use is not an allowed conditional use in the R-4 FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4 b. c. d. e. g. Applicant District and a variance would be required to allow the use as conditional use. The use would not be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance since the Zoning Ordinance does not allow this type of conditional use permit for a Group Child Care Center in the R-4 District. The use, however, apparently, would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. That the use could be hazardous for children due to its location next to Five Mile Creek; it could be disturbing to existing or future neighboring uses. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. Apparently, from the petition signed by some of the property owners in the area, the use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise; however, appropriate measures would need to be put in place to insure access to Five Mile Creek is prevented. h. That sufficient parking for the proposed use would be required. property and the i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. conditional that the procedures The use requ~re state that the violate or does covenants not use restrictions; the Applicant so stated. That the Planning and Zoning Commission does not have 7. authority to grant variances or to process applications as if a variance will be granted; the Commission only has authority to FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5 process applications under the guidelines of existing City Ordinances. 8. That the City has judged this Application for conditional use upon the basis of guidelines contained in the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 9. That all Ordinances of the City of Meridian must be met, including but not limited to, the Zoning Ordinance, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, and all parking requirements. 10. It is further concluded that the comments, recommendations and requirements of the City Engineer would have to be met and complied with. FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 6 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI VOTED~ VOTED~ VOTED~ VOTED~ VOTED CHAIRMAN JOHNSON (TIE BREAKER) RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends property described in the Application be denied. that the Conditional Use Permit requested by the Applicant for the MOTION: APPROVED: v ¡tvAv FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 7