Leslie Palmer CUP
, i
i- ,
CC~[P)l1
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
LESLIE PALMER
CONDITIONAL USE PERMIT
1524 MERIDIAN ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
December
the
14,
1993,
at
hour
of
7:30
o'clock
p.m.,
the
Petitioner, Leslie Palmer, appeared and presented testimony, 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 December 14, 1993, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the December 14,
1993,
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.
this
That
is
property
located wi thin
the
City
of
Meridian and the Applicant is the owner of the property which
property is described in the application which description is
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 1
-
'.
incorporated herein; that the structure where the use is to be
conducted is a single family dwelling.
3.
The Applicant requests that a conditional use be granted
to her for the operation of a Child Care Center.
4.
That the definition of Child Care Center is, "A child
care
facility which provides care
for more than twelve
(12)
children throughout the day".
5.
That the property is zoned as CC Community Business
District.
6.
That the CC Community Business District is described in
the Zoning Ordinance, 11-2-408 B. 9. as follows:
fC-C) Communitv Business District: The purpose of the
(C-C) District is to permit the establishment of general
business uses that are of a larger scale than a
neighborhood business, and to encourage the development
of modern shopping centers with adequate off-street
parking facilities, and associated site amenities to
serve area residents and employees; to prohibit strip
commercial development and encourage the clustering of
commercial enterprises. All such districts shall have
direct access to a transportation arterial and collector
and be connected to the Municipal Water and Sewer
systems of the City of Meridian.
7.
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."
8.
That the property is contained near the commercial and
retail development on Cherry Lane between East First Street and
Meridian Road; that there are other business located in the area.
9.
That the use proposed by the Applicant is set forth in
the Application as, itA pre-school child care facility"r that the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 2
testimony before the Planning and Zoning Commission was that the
Applicant would obtain a State of Idaho Day Care license which is
required under the City of Meridian Ordinance.
10.
That the Applicant has a
six foot fence enclosing the
back yard; the children, if outside, will be maintained in the
back yard.
11.
That the Applicant testified before the Planning and
Zoning Commission that the children will be between the ages of 2
1/2 years and 5 years of age; that hours of operation will be
between 6:00 a.m. and 7:00 p.m.; that there is an office attached
to the home which will not be used for the day care operation; she
will have a ratio of one staff person per eight children; that she
will operate five days a week; that she understands that the
twelve children limitation for a group child care home is during
the entire day and not just at anyone time during the day; that
she has four off street parking spaces for parking and for drop-
off of children.
12.
That
sewer and water are already connected. to the
property, but the use may require additional charges or fees.
13.
The City Engineer,
Ada County Highway District, Nampa-
Meridian Irrigation District, Central District Health Department,
and other governmental agencies may submit comments and they shall
be incorporated herein as if set forth in full herein.
13.
The City Engineer submitted comment as did the Nampa &
Meridian
Irrigation
District,
which
comments
are
hereby
incorporated herein as if set forth in full.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 3
.' '
14.
That
no consent
of
the
titled property owner was
furnished as part of the Application.
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
conditions minimizing the adverse impact on other development,
controlling the duration of development, assuring the development
is
maintained
properly,
and
requiring
on-site
or
off-site
facili ties, 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 zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 4
amendment upon the basis of guidelines contained in Section 11-2-
416 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 may take judicial notice.
6.
That the CC District does allow child care facilities as
a conditional use.
The Applicant's proposed use may therefore be
granted a conditional use.
7.
The
Zoning
Ordinance
11-2-418
Meridian
Zoning
H,
Ordinance, and the Local Planning Act, 67-6512, Idaho Code, allow
condi tions to be placed upon the use and those sections are
incorporated herein.
8.
That since conditions may be placed upon the granting of
a conditional use permit to minimize adverse impact on other
development, it is was recommended by the Planning and Zoning
Commission to the City Council that it consider the reasonableness
of the following suggested conditions of granting the conditional
use, to wit:
b)
c)
d)
a)
The hours of operation shall be restricted, as stated
from 6:00 a.m. 7:00 p.m.
The children, if outside, be maintained in the back yard
of the structure.
That the Applicant shall meet the
requirements for staff to children.
That the fence shall be maintained in good repair and
the children, when out side shall stay in the back yard
and the children shall not be allowed in the front yard
except for drop-off and pick-up times.
State
of
Idaho
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 5
9.
f)
That the Applicant shall hold and maintain a State of
Idaho Day Care License for a Day Care Center.
That the conditional use should not be restricted to a
time period of authorization but shall be reviewed
annually upon notice to the applicant for violation of
any of the conditions as has been done in other day care
conditional uses and other conditional use applications.
g)
h)
That the conditional use, pursuant to the Zoning
Ordinance, shall not be transferable to another owner of
the property or to another property.
i)
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 and other governmental agencies submitting
comments.
j )
10.
and the Applicant shall meet those conditions.
That the above conditions are concluded to be reasonable
Planning
of the City of Meridian sets forth the standards under which the
That 11-2-418(C) of the Revised and Compiled Ordinances
and
Zoning
Commission
and
the
Planning
and
Zoning
Commission 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 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 but the Zoning Ordinance
requires a conditional use permit to allow the use.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 6
c. The use is designed and constructed to be
harmonious in appearance with the character of the
general vicinity; that if the conditions set forth above
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 should not increase
significantly because of the proposed day care center as
the center is closed to, and located, on primary roads.
e. The property has sewer and water service already
connected and will be adequately served by essential
public facilities.
f. The use should 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. I f the conditions 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 property and the
proposed use is required to meet the requirements of the
City ordinance.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
11.
That there was no testimony submitted in objection to
the proposed conditional Use.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 7
,.
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
VOTED~
VOTED~
VOTED*
VOTED * WI.
VOTED
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby
recommends approval of 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 and that the Applicant shall be required to meet the water and
sewer requirements,
the fire and life safety codes,
and the
Uniform Building Code,
and other Ordinances
of the City of
Meridian.
The conditional use shall be subject to annual review
upon notice to the Applicant by the City.
MOTION:
~POO~D:~
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page 8