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Kathleen Lawrence CUP 8 8 BEFORE THE MERIDIAN CITY COUNCIL KATHLEEN LAWRENCE CONDITIONAL USE PERMIT FOR GROUP DAY CARE 889 N. FILLMORE WAY MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing March 19, 1996, at the hour of 7:30 o'clock p.m., the Petitioner, Kathleen Lawrence, appearing in person, the CITY COUNCIL 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 notice of a public hearing on the Conditional Use Permit before the City Council is not required but Notice of the Public Hearing before the Planning and Zoning Commission was published for two (2) consecutive weeks prior to the Planning and Zoning Meeting and Public Hearing held on February 19, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 19, 1996, 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; that the Commission adopted Findings of Fact and Conclusions of Law that were presented to the City Council. 2. That this property is located within the City of Meridian and the Applicant is the owner of the property; that the property FINDINGS OF FACT - LAWRENCE - Page 1. 8 8 is currently zoned I-L Light Industrial District; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 A., Residential, Group Child Care Home is not listed as a conditional use in the I-L District and therefore in the I-L District a conditional use permit is not allowed as a permitted use or a conditional use for the operation of a Group Child Care Home. 3. That the Light Industrial District is defined in the Zoning Ordinance at 11-2-408 B. as follows: (I-L) Light Industrial: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proxirni ty to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 4. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 5. That the property is located in CROSSROADS SUBDIVISION, Block 5, Lot 6, which is zoned Light Industrial; that the land where Crossroads Subdivision is located is all zoned I-L but the land was also later given the right to be developed in a planned unit development fashion; that Crossroads Subdivision, an R-4 or R- 8 residential development was allowed to locate in the I-L zone even though residences are not permitted in the I-L zone. FINDINGS OF FACT - LAWRENCE - Page 2. 8 8 6. That the Applicant wishes to operate a group day care for up to twelve (12) children in her home. 7. The Applicant testified at the Commission hearing that she has just moved into the new built home on December 5, 1995; that a fence will be erected as soon as the yard is fine graded; that the fence will be built with six (6) foot, 4X4 boards with hopefully a self locking gate; that the 2 car garage will not be part of the day care; that the Applicant stated that the hours of operation she would like to have, be from 7:00 a.m. until 6:00 p.m.; that her preference would be preschool age children, but will not be limited to just that age group; that there will be no sign or outside lighting other than what is allowed by the covenants of the subdivision; that the driveway will be open for parking, and Applicant agrees to pay any additional fees for sewer, water and trash. That before the City Council the Applicant stated basically as follows: That she had read the facts and findings, wanted to request an exception to the restriction of the hours, that she has a letter from one of the mothers which desires to use her day care which she submitted to the City Clerk, that she is working full time presently and she has a probability of having three children to start the child care with, that those three parents work swing shifts and with the restrictions she would have to start the child care facility with no children, that many families today are looking for after hours care it is very hard to find such in child care centers or a home care center, that she would prefer to work 9 to 5, she submitted a daily schedule to show that she plans to be very considerate of her neighbors as far as after they come home from work and that she does not the child care center to be obnoxious or not to be harmonious with the neighborhood. If it is a concern to the Council, she is willing to set up an ongoing neighborhood feedback program with the people directly mailing their comments or complaints to the Council FINDINGS OF FACT - LAWRENCE - Page 3. 8 8 as far as extending the hours. She later basically stated that. one thing she would like to address is her curriculum; she would try to be very conscious of her neighbors and keep the children quiet; she would not have outside time after 6 p.m and also another issue she would like to bring up is herself having to work at 10 o'clock at night; she was never able to find licensed child care for her children after that time. I left them with neighbors most of the time and I do not think that parents should be able to have an alternative to that. 8. Councilman Rountree stated that the P & Z Findings indicate there was testimony by the Applicant that the hours would be 7 a.m. to 6 p.m. and I assume that that recommendation was to restrict the hours of operation to 7 a.m. to 6 p.m., and the City Attorney affirmed that; that Mr. Rountree stated that the City now has a request to extend those hours. 9. Applicant then stated: That she had a question as to how far the hours go, because she wanted to be flexible; that she did not realize the permit would only be operational during those hours and that she did not want any time restrictions because she did not know what hours parents would need; that she knows of a nurse that works from 7 p.m. to 7 a.m.; her drop off would probably be 6 p. m. and pick up would probably be 8 a. m. and she would have the child in her home throughout the night; that the children staying like that would be sleeping at night; that she would prefer to be allowed to have no time restrictions for 6 months then to have the Council consider whether that could continue or whether she would have to limit her hours to the ones she specified at P & z. 10. Councilman Morrow stated that in the findings of fact it calls for 12 children throughout the day, and questioned, that in terms of extended hours, how many children do you visualize that to be? The Applicant responded that as far as she could tell she would probably have five with the three children that I do know the parents work extended hours, would probably be there until 10 p.m. 11. Councilman Rountree questioned what the proposed in terms FINDINGS OF FACT - LAWRENCE - Page 4. 8 8 of a monitoring program or neighborhood co-ordination effort that she had mentioned? Applicant stated basically as follows: She could send out quarterly comment forms to everyone in 300 square feet of her house with a returned stamped envelope wherever Council desires; that she would have them direct it back to the Council. 12. Councilman Bentley had the question, with regard to the hours, whether it would it be proper to notify people of the possible change hours of operation and see if they have any input on this, as under the normal assumption of a day care, people think it would run from 6 a. m. to 7 p. m., or something of that nature? Which was responded to by the City Attorney that that would be very likely assumed because those are the hours of most day cares; that if the Council decided to allow "non" hours, the Council would have to pay attention, specifically, to the day care and what is going on with the hours and if there are any problems with the hours that the Council does not normally allow; are there people coming to the City and objecting; then it gets to be a matter the Council bringing the matter back up for attention. 13. Councilman Rountree questioned whether restrictions to pick up and delivery be an issue; the Applicant basically responded: She does not think that would be an issue for her; the parents might not like it because then they are going to say they want to be able to come to the day care and check on their child any time they I feel like it; that traffic is going to be a problem late at night and she can place restrictions on the parents as far being quiet. 14. That the Applicant is aware that the zoning is Light Industrial. FINDINGS OF FACT - LAWRENCE - Page 5. 8 8 15. The Assistant to the City Engineer, Bruce Freckleton, submitted comments which are incorporated herein as if set forth in full herein; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; that all signage shall be in accordance with Meridian City Ordinances; that off-street parking shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in the site-specific requirements; that sewer and water to this facility would be by means of existing service lines; that assessments for service will be reviewed during the building plan review process. 16. The Planning and Zoning Director, Shari Stiles, may submit comments at a later date which will be incorporated herein as if set forth in full. 17. Central District Health Department, Meridian Fire Department, Meridian City Police Department, Nampa & Meridian Irrigation District, and the Sewer Department submitted comments and they are hereby incorporated herein. 18. That Commissioner MacCoy submitted statements regarding this application and they are hereby incorporated herein as if set forth in full; that a fence type and height with child proof gate locking devices be in place to comply with Meridian City Codes; that the home is to have code approved smoke/fire detectors in place prior to approval of accepting children; that the hours of operation be stated; that adequate lavatory facilities per existing codes and ordinances be required and be there at a site visit; the FINDINGS OF FACT - LAWRENCE - Page 6. 8 8 vehicle drop-off/pick-up of children appears to be acceptable. 19. That there was no other testimony given at the hearing. 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 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 condi tions minimizing the adverse impact on other development, controlling the duratIon of development, assuring the development is maintained properly, and 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 Section 11-2-418 D. states as follows: FINDINGS OF FACT - LAWRENCE - Page 7. 8 8 "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 existence." . 6. That the City has judged this ApI>lication 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, the record submitted to it, and the things of which it may take judicial notice. 7. That the conditional use permit shall be treated as being conducted in an R-8 Residential District and not the Light Industrial District since the land is developed and used as a residential subdivision. 8. That 11-2-418 (C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which 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 and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the City Council 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 would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. FINDINGS OF FACT - LAWRENCE - Page 8. 8 8 c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic will increase some but not in any fashion substantially; that drop-off and pick- up shall be off the street and such should not be a problem. e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use. 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. If the conditions stated below, are met, the use should 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, noise, smoke, fumes, glare or odors. h. That sufficient parking for the proposed use will be required to meet the requirements of the City ordinance. i. The development and use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 9. That since conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is decided that the following conditions are a condition of granting the conditional are required, to wit: a) There shall be no restricted hours of operation for six months from the date of approval of the ~onditional use, except for the below stated hours for pick and delivery of children; that if there are complaints to the City the Applicant shall be informed of them and if the complaints are not resolved by the Applicant the City shall bring FINDINGS OF FACT - LAWRENCE - Page 9. e) f) g) h) i) 10. 8 8 the matter back for consideration in the fashiion for terminating the conditional use; the conditions may, however, only be altered, but the Council retains the right and ability to consider and act on termination. b) The children, if outside, shall be maintained in the fenced area, as required below. c) That the Applicant shall meet the State of Idaho Health and Welfare requirements for staff to children ratio and shall meet all requirements of the Health and Welfare for caring for children from 6:00 a.m. to 6:00 p. m., or such other similars hours that the Department of Health and Welfare has adopted; that there shall be no drop-off or pick-up of children between the hours of 11:00 p. m. and 5:00 a. m. d) That there shall be fencing, gates, and locks for the outside play area such that no children can leave the property without an adult; no children shall be allowed outside of the play area or the home without an adult being present and with the child at all times; the fence shall be maintained in good repair and the children, when outside, shall stay in the fenced area and not be allowed outside of the fenced area or the home, except for drop- off and pick-up times, but an adult shall be with them at all times if the child or children are waiting to be picked up. That the Applicant shall hold and maintain a State of Idaho Day Care License for a group day care. That the conditional use shall be reviewed upon the lapse of six month from the date of approval and the conditional use may be annually reviewed upon notice to the Applicant. That the conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another property. That the Applicant must meet the requirements of the Central District Health Department and the State of Idaho Department of Health and Welfare. That the Applicant shall meet the requirements of the City Engineer's office, including the re-assessment agreement, Planning Director, and other governmental agencies submitting comments. That there shall be no more than twelve (12) children FINDINGS OF FACT - LAWRENCE - Page 10. 8 8 cared for at the home throughout the day; that this number of children is arrived at from the total number of children cared for at the facility and not the number of children at the facility at one time. 11. That the above conditions are concluded to be reasonable and the Applicant shall meet these conditions and the statements and conditons of the City Staff. 12. That it is recommended that if the Applicant meets the conditions stated above, the conditional use permit shall be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN BENTLY VOTED~ VOTED¥- VOTED~ VOTED~ VOTED COUNCILMAN MORROW COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) DECISION AND RECOMMENDATION The Meridian City Council hereby decides that the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions of approval set forth in the Findings of Fact and Conclusions of Law and that the property FINDINGS OF FACT - LAWRENCE - Page 11. , . 8 8 be required to meet the requirements stated in these Conclusions of Law, the water and sewer requirements, the Fire and Life Safety Code, Uniform Fire Code and other Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVE~- DISAPPROVED: FINDINGS OF FACT - LAWRENCE - Page 12.