Lynn Jones CUP
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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
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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
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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
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3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
_14.
6.
8
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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
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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
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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
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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
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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
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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
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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
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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
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