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Lynn Jones CUP ',' '. 8 8 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION LYNN JONES CONDITIONAL USE PERMIT FOR A GROUP CHILD CARE HOME LOT 2 BLOCK 2; COUGAR CREEK SUBDIVISION MERIDIAN; IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing January 10, 1995 at the hour of 7:30 o'clock p.m., the Petitioner, Lynn Jones appearing, 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 January first 10, 1995 the publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 1995 10, 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 is not the owner of the property; that there are two statements included with the Application that state the person signing the statement is the owner of the property; one is dated November 10,1994, is signed by Larry Stoker, states that he is the FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 1 8 8 owner of the property and states that he is aware of, and fully supports, Lynn Jones' efforts to obtain Planning and Zoning approval of the site as a day care facility, but is does not specifically state that consent is given for the application; the other is dated December 12, 1994, it is a sworn statement, states that Ray Patel is the owner of the property but the document is signed by Ray Patel as secretary of vijya Laxmi, Inc. , but it apparently is a form used by the City of Boise because in the statement is states as follows: "I agree to indemnify, defend and hold Boise City and its employees harmless from any claim or liab.i,.li ty . . . "; also there was an earnest money agreement for the purchase of the property, stated August 22, 1994, that is signed by Larry K. Stoker as buyer and, by what appears to be, After Schools, Inc, Cheryl A. Joills; that the property is described in the application which description is incorporated herein. 3. The Applicant requests that a conditional use permit be granted to him for the operation of a Group Child Care Home. The Applicant in a previous application hearing for a conditional use permit for a group day care stated at the public hearing on that Application that he has owned and operated several day cares in the Boise area for approximately nine (9) years; he also stated at the previous public hearing that there are big demands right now in the day care business for more in home child care facilities and that he proposes a child care for twelve (12) children from the ages of FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 2 8 8 birth to 10 years; he testified at the hearing on the 10th of January that not much had changed since the other application and the goal was to provide quality day care in residential settings without creating huge day care centers and that the hours would be from 7:00 a.m. to 6:00 p.m. He additionally stated that he did not desire to have a circular driveway, as suggested by Shari Stiles, because he wanted to maintain the integrity of the residence and not convert the residence into looking like a commercial outfit and to look like a residence and blend in with the surrounding homes 'in the area. He had no other comments to the staff comments. - 4. That the definition of Group Child Care Center is, "A child care facility which provides care for six (6) to twelve (12) children throughout the day"; the note at the end of the definition for Child Care Facility is: "It should be noted that in determining the type of child care facility that is being operated, the total number of children cared for during the day and not the number of children at the facility at anyone time is determinative". 5. That section 11-2-418 of the zoning Ordinance contains the requirements and procedures pertaining to conditional uses; that subsection B, CONTENTS OF CONDITIONAL USE APPLICATION, states as follows: An application for a conditional use permit shall be filed with the Administrator by the owner of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information: 1. 2. Name, address and phone number of applicant; Name, address and phone number of owner of property; subject FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 3 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. _14. 6. 8 8 Legal description of property; Proof of ownership of subject property; Description of existing use; Present use of subject property; Proposed use of the subject property; The District that pertains to the subject property; Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1"=300'); Characteristics of subject property which make a conditional use desirable; A listing of the mailing addresses of all property owners (from authentic tax records of Ada County) who are within three hundred feet (300') of the external boundaries of the land being considered, and a list of all owners within the area being considered for a conditional use; A fee established by the Council; A statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial; and The application shall be verified by the applicant which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. The Application was filed by the of the not owner property for which such conditional use is proposed and does not include all of the information required by the above section; it does not include proof of ownership, a statement of the zoning that pertains to the subject property, a statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, and the application is not verified by the applicant which verification states that he has read the contents thereof and verifies that the information contained therein is true and correct. Applicant, even though not stated by the 7. That the property is, zoned Residential is in Creek R-8 and Cougar Subdivision; that in the ZONING SCHEDULE OF USE CONTROL, Section FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 4 8 8 11-2-409 A., Residential, Group Child Care Home is listed as a conditional use in the R-8 District and therefore the R-8 District requires a conditional use permit for the operation of a Group Child Care Home. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B 4. as follows: (R-8) Medium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer ,systems of the City of Meridian is required. 8. That the use proposed by the Applicant is set forth in the Application as, ". . . to use the site for a 12 child day care center, to be operated in accordance with all appropriate day care laws." 9. The City Engineer and the Assistant to the City Engineer submitted comments which are incorporated herein as if set forth in full herein; the comments stated that sewer and water are existing on the site and that assessment fees for sewer and water service will be determined during the building plan review process, direct lot access to North Locust Grove Road is prohibited, the dwelling must be a minimum of 1,350 square feet, and all signage shall be in accordance with the standards set forth in 11-2-415. 10. The Ada County Highway District submitted comments and they are hereby incorporated herein and had one site specific FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 5 8 8 requirement of no direct access to Locust Grove Road will be allowed. 11. That the Meridian Planning and Zoning Administrator, Shari Stiles, submitted comments stating that a maximum of twelve children may be cared for throughout the day; that the total number of children cared for during the day and not the number of children at the facility at anyone time is determinative; that one stall of the three-car garage is to be used for the day care, with the remaining two stalls used for housing vehicles of the resident; that Applicant should consider incorporating circular driveway to faci~itate traffic flow at peak times, if existing median on Cougar Creek Drive will allow; that all landscaping and fencing shall be in place prior to operation and that landscaping along the western boundary ia required in addition to fencing to buffer adjacent residential property; that a yearly review of the City Council should be required; that hours of operation shall not extend beyond those represented by the Applicant and approved by the Council. 12, City Police Department, Fire Department, Nampa-Meridian Irrigation District, and Central District Health Department submitted comments and they are hereby incorporated herein. 13. That section 11-2-418 d. states as follows: "In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 6 8 8 existence." 14. The city of Meridian has consistently required that operators of day cares have State of Idaho day care licenses. 15. That there was no testimony submitted at the hearing objecting to the conditional use permit. CONCLUSIONS L 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 within 300 feet of the external boundaries of the Applicant' s property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City has the authority to take judicial notice of its own ordinances and proceedings, 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 that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 7 8 8 is maintained properly, and requiring on-site or off-site facilities, may be attached to the permit; that 11-2-418 D authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. That the City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of 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 m~y take judicial notice. 6. That is concluded that the Application did not meet the application requirements of 11-2-418 C because the Application was not filed by the owner of the property, because it did not include proof of ownership, because three people or entities were noted in the Application as being the owner of the parcel, because there was no statement of the zoning, because there was no statement that the applicant or user of the property agreed to pay any additional sewer, water or trash fees or charges, and because the application was not verified by the applicant which verification states that the Applicant has read the contents thereof and verifies that the information contained therein is true and correct. 7. That it is concluded that the City needs the above information to know whether the owner of the property is aware of the Application, that the owner consents to the use of the property FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 8 " 8 8 as set forth in the Application, that the Applicant consents to the possible sewer, water and fees, and whether the Applicant has read the Application and verifies the statements therein as being true. 8. Since the ,Application did not meet the requirements of 11-2-418 B, it is therefore concluded that the Application should be tabled until the Applicant amends his Application and submits the necessary information to the Commission to enable it to render findings of fact and conclusion of law and a supportable decision; that if the Applicant amends the Application to include the requirements of 11-2-418 B the Application may then proceed, but an additional public hearing shall be held before the Planning and Zoning Commission since there may have been people who asked for copies of the Application and did not receive all the necessary information. 9. It is further concluded that the Applicant should inform the Commission within ten (10) days of the date of adoption of these Findings of Fact and Conclusions of Law whether he will provide the necessary information and de sire s to continue to proceed with the Application and have the additional public hearing, or whether he does not desire to proceed further. If the Applicant does not inform the City within the ten (10) days as above provided the Application should be deemed denied. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES page 9 8 8 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 VOTED~ VOTED~ VOTED~ VOTED ~ VOTED PI COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) RECOMMENDATION The Meridian Planning and Zoning Commission hereby decides that the Application for Conditional Use Permit as requested by the Applicant for the property described in the Application, based on the Findings of Fact and Conclusions of Law, is tabled to allow the Applicant to provide to the City the information required, as stated in the Findings of Fact and Conclusions of Law. That the Applicant shall inform the Commission within ten (10) days of the date of adoption of these Findings of Fact and Conclusions of Law whether he will provide the necessary information and desires to continue to proceed with the Application or whether he does not want to proceed further. If the Applicant informs the City that he will provide the additional information, an addi tional public FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 10 . >' 8 '8 hearing shall be held before the Planning and Zoning Commission since there may have been people who asked for copies of the Application and did riot receive all the necessary information. The public hearing will not be scheduled until the information is received by the City. If the Applicant does not inform the City within the ten (10) days, as herein provided, the Application shall be deemed denied and the matter shall not proceed on to the City Council due to Applicant's failure to provide all of the necessary information. MOTION: IJ^ ¥ - APPROVED:~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 11