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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