Kathleen Lawrence CUP
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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"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.
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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.
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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.
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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.
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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.