Children's Learning Center CUP
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(C(Q)lP'1f
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
RICK A. AND GEORGIANA L. ELLIOTT
CONDITIONAL USE PERMIT
BRIGHT BEGINNINGS CHILDREN'S LEARNING CENTER AND DAY CARE
LOT 7, BLOCK 2 BONOR PARK SUBDIVISION
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled conditional use permit application having
come on for consideration on March 14, 1995, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and the Planning and Zoning Commission
having heard and taken oral and written testimony and the Applicant
appearing through Georgiana Elliott, and having duly considered the
matter, the Planning and Zoning Commission makes the following
Findings of Fact and Conclusions of Law:
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 March
14,
1995,
the
first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the March 14,1995, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BRIGHT BEGINNINGS LEARNING CENTER
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2.
That the property is located within the City of Meridian;
that the general location of the property is on the north side of
E. Water Tower Lane, in an area classified as a Mixed/Planned Use
Development Area on the Generalized Land Use Map in the Meridian
Comprehensive Plan and is described in the application which
description is incorporated herein.
3.
That the property is currently zoned C-G, General Retail
and Service Commercial.
4.
That the zoning of General Retail and Service Commercial,
(C-G) is defined in the Zoning Ordinance at 11-2-408 B.
11 . as
follows:
(C-G) General Retail and Service Commercial: The purpose of
the (C-G) District is to provide for commercial uses which are
customarily operated entirely or almost entirely within a
building; to provide for a review of the impact of proposed
commercial uses which are auto and service oriented and are
located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as
well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the
Municipal Water and Sewer systems of the City of Meridian, and
shall not, constitute strip commercial development and
encourage clustering of commercial development;
5.
That the Applicant is not the owner of record of the
property; that the owner of record is Mr. William A. Hon; that the
owner has submitted a consent to this application.
6.
That the property is currently undeveloped, vacant and is
stated to be one (1) acre.
7.
That the proposed use by the Applicant is stated to be to
construct a 3,025 square foot learning center and day care to
include five classrooms, each with a sink and drinking fountain,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BRIGHT BEGINNINGS LEARNING CENTER
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approximately 300 square feet each, a great room approximately 676
square feet to be used for a large group center or play area and
dinning area at specific times; kitchen, storage, laundry and staff
bathroom will be approximately 270 square feet; that the kitchen
will consists of commercial appliances; that bathrooms facilities
will accommodate in size, the children, including five (5) toilets
for girls and five (5) toilets for boys.
8.
Mrs. Elliott stated in the application that this location
is centrally located, close to the freeway, within walking distance
from the Meridian Park and swimming pool and that the water tower
is a well-known landmark desirable for directions and advertising,
and that this application will be harmonious with and in accordance
with the Comprehensive Plan.
9.
That at the public hearing or in the Application, the
Applicant set forth as follows:
a.
b.
c.
That because of significant growth, the current location
meets the demands of the local community as well as Nampa
and Boise; that any new businesses in the community
coming to the area will not only have the park to enjoy
but the convenience of a day care center close by.
That currently the proposed property has a 45 foot
driveway located at the front; that per the Ada County
Highway District recommendations, the Applicant plans to
alter the driveway to 30 feet across and install a second
driveway also 30 feet across at the opposite end of the
property for easy access traffic flow pattern; that
across the front there will be a standard 5 foot
sidewalk; that the parkway between the sidewalk and the
parking lot will be approximately 10 foot wide with 1 to
2 foot high planted rolling knolls of grass.
That the sign will be placed in the center of the grass
with a flower garden surrounding the sign; that the sign
will be in accordance with the standards of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BRIGHT BEGINNINGS LEARNING CENTER
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Meridian.
d.
That the.. parking lot will be paved and stripped and
include two (2) handicapped spaces with cut out curbs and
a graduated incline walkway to the front door that will
meet the requirements of the City of Meridian and the
Americans with Disabilities Act.
e.
That the building will be built out of textured gray
cinder block approximately 10 feet high with a pitched
roof of cobalt steel blue to include two (2) skylights in
the center; that the front will have two (2) bay windows
one on each side of the front door and there will be
approximately three (3) windows down each side of the
rear of the property; that over the windows will be
cobalt blue awnings to add to the exterior decor and to
help shade and control the heat inside.
f.
That the hours of operation will be from 7:00 a.m. to
6:00 p.m. Monday through Friday.
That one-half (1/2) acre will be used for the playground,
consisting of a large multi-colored play structure that
will be permanently cemented into the ground; that the
rear of the property will be a replicated Old Town of
Meridian which will include a cafe, bank, police station
and post office for the children to play in; that the
structures will not exceed four (4) feet in height and
can be easily moved around the property as the need
arises; that winding throughout the town along the grass
will be cement road for the children to ride big wheels
and tricycles with the remainder in grass; that in the
middle of the road course will be a large sand box.
g.
h.
That the Applicant would like to license the facility for
100 children; that according to the Fire Department the
building can hold approximately 80 children; that because
of flexible hours and school schedules the Applicant is
requesting licensing for 100 but at no time will there
actually be 100 children at the site at one time.
That she, Mrs. Elliott, currently holds an Idaho Teaching
Credential and cannot apply for her day care license
until the building is actually built; that she will
employ seven employees.
i.
10.
no testimony
in opposition
to
this
That
there was
application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BRIGHT BEGINNINGS LEARNING CENTER
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11.
That the Applicant has submitted the owners consent to
the Application.
12.
That the Meridian Planning and Zoning Administrator and
the
City
Engineer's
office
submitted
comments,
stating
that
irrigation and drainage ditches must be tiled, off-street parking
paving and stripping, a drainage plan, sidewalks, and signage shall
all be provided in accordance with City Ordinances;
that all
construction shall conform to the requirement of the Americans with
Disabilities
Act;
that
sewer
and water
assessments
will
be
determined during the building plan review process and that no
permanent structures, trees, etc., that would interfere with the
operation of the City's water and sewer lines will be permitted
within the existing easements on this lot; that detailed site and
building plans be provided for approval as part of the building
permit process; that all landscaping and fencing shall be in place
prior to operating day care; that this Conditional Use Permit
should contain a provision for yearly review at the option of the
City Council; that the hours of operation shall. not extend beyond
those represented by the Applicant and approved by the Council;
that the Applicant should ensure that the day care facilities are
adequate for recreation without relying heavily on the City Park,
do to the impact of 100 children utilizing Storey Park on a regular
basis; that the Applicant shall ensure design and operation of the
facility
will
not
discourage
other
commercial
business
from
building in this
subdivision;
that the proposed size of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BRIGHT BEGINNINGS LEARNING CENTER
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building would not appear to support an occupancy of 100 children;
that all parking areas must be a minimum of four (4) feet from Ada
County Highway District's right-of-way in accordance with 2-414.C.;
that the Applicant should provide trees along the frontage of this
property as well as the grassed area behind the building, and that
the Applicant shall submi t a copy of day care license for the
facility prior to opening and to provide evidence of operators'
licenses upon request.
13.
That the Ada County Highway District (ACHD) submitted
site specific requirements and they are incorporated herein as if
set forth in full which included the construction of as-foot
sidewalk abutting the parcel; that the driveways shall be permitted
and shall be 24 to 30-feet wide, separated by a minimum of 50 feet,
and located, if possible, 25 feet from the side property lines and
a minimum of 50 feet from any driveway on the adjacent parcels and
that Applicant
shall
replace
unused
portion
of
curb
cut
on
Watertower Lane with standard curb, gutter and sidewalk.
14.
That Nampa Meridian Irrigation District, Central District
Health Department, Meridian Police Department and Meridian City
Fire Department submitted comments and they are hereby incorporated
herein as if set forth in full.
15.
That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
given and followed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BRIGHT BEGINNINGS LEARNING CENTER
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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
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
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.
4.
That 11-2-418(C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions
of
the
area,
the
Planning
and
Zoning
Commission
concludes as follows:
a. The use, would in fact, constitute a conditional use and
a conditional use permit is required by ordinance.
b. The use should be harmonious with and in accordance with
the Comprehensive Plan and Zoning Ordinance.
c. The use apparently would be designed and constructed, to
be harmonious in appearance with the intended character of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BRIGHT BEGINNINGS LEARNING CENTER
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general vicinity.
d. That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses.
e.
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.
g. The úse 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.
h. That sufficient parking for the property and the proposed
use will be required.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic feature of
major importance.
5.
That all ordinances of the City of Meridian must be met,
including but not limited to, the Uniform Building Code, Uniform
Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire
and Life Safety Code, all parking and landscaping requirements and
the comments of the Planning and Zoning Administrator and the City
Engineers office must be met and complied with.
6.
That the parking must be paved, the landscaping placed,
and any outdoor storage and/or trash receptacles properly screened,
prior to issuance of an occupancy permit.
7.
That the Applicant shall provide proof of Health and
Welfare licensing prior to issuance of an occupancy permit; that
under City Ordinance, 11-2-403 B, Child Care Facility, it is the
total number of children cared for during the day and not the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BRIGHT BEGINNINGS LEARNING CENTER
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number of children at anyone time that is determinative.
8.
(1 )
(2 )
(3 )
(4 )
(5)
(6 )
(7 )
The following conditions shall also apply:
Secure and maintain a child care license from the Idaho
State Department of Health and Welfare-Child Care
Licensing Division.
Acquire an occupancy certificate.
Provide one (1) off-street parking space per employee.
Provide for a child pick-up area located off the main-
fronting street.
Provide for screening of adjacent properties to protect
children from adverse impacts and to provide a buffer
between properties.
Provide for a fence of appropriate height/construction,
to enclose play areas, protecting children from traffic.
Meet the Idaho State Department of Health and Welfare-
Child Care Licensing Division child to instructor ratio
and meet the required square feet per child.
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
itY¥"
u .
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
VOTED~
VOTED (j /
/
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BRIGHT BEGINNINGS LEARNING CENTER
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DECISION AND 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 requested by the Applicant for the property
described in the application with the conditions set forth in the
Findings of Fact and Conclusions of Law.
APPROVED
DENIED
MOTION:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BRIGHT BEGINNINGS LEARNING CENTER
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