Crystal Martinez CUP
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
CRYSTAL MARTINEZ
CONDITIONAL USE PERMIT FOR GROUP DAY CARE
1432 W. CARLTON
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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The above entitled matter having come on for public hearing
March 12, 1996, at the hour of 7:30 o'clock p.m., the Petitioner,
Crystal Martinez, appearing in person, the Planning and Zoning
Commission of the City of Meridian having heard and taken oral and
written testimony and the Applicant appearing and 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 March
12,
1996,
the
first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the March 12,1996, 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.
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 AND CONCLUSIONS OF LAW\MARTINEZ
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is in Phillips Addition in Meridian and is zoned R-8 Residential;
that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 A.,
Residential, a Group Child Care Home is listed as a conditional use
in the R-8 District and such is required for the operation of a
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- --~~~~p-~þil? Ca-re::--ßome.
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3. That the R-8, Residential District is described in the
--
zoninq-Ordinance, 11-2-408 B. 4 as follows:
(R-8) Medium Densitv Residential District: The purpose
of the (R-8) District is to permit the establishment of
single and two (2) family dwellings at a density not
exceeding eight ( 8 ) dwelling units per acre. This
district delineates those areas where such development
has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into two (2) family
dwellings in well-established neighborhoods of comparable
land use. Connection to the Municipal Water and Sewer
systems of the City of Meridian is required.
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 intention of the Applicant is to operate a group
day care for six (6) to twelve (12) children.
6.
The Applicant testified that a state license will be
applied for; that she has a pool and would provide a four foot (4')
fence and master lock for it; that in her opinion a self-locking
device would be figured out by a child in no time at all; that the
hours of operation to be from 5:00 a.m. to 6:00 p.m.; that she is
not planning on caring for handicapped; that the ages would range
from birth to 11 years of age and both before and after school
FINDINGS OF FACT AND CONCLUSIONS OF LAW\MARTINEZ
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hours; that the Applicant has a gentle German shepherd dog and has
a separate fenced kennel for the animal; that the hiring of another
adult to help is being planned and to provide parking for that
individual.
Ms. Martinez stat~d that several changes have already been
-maae-to-~hei-property since moving in six months ago and plans are
to continue to make it look nicer; that there is off-street parking
for two cars in the driveway and two in an area beside the driveway
for
dropping
off
children;
that
she
has
agreed
to
pay
any
additional utility fees for thi~ operation.
7.
That Shirley Marino testified that
she lives behind
Crystal Martinez and does not approve of this conditional use; that
with a day care comes noise; that this use will lower her property
value and create traffic on Carlton where there was otherwise none
and that she has concerns with the dog.
8.
Crystal Martinez stated that her neighbor, Ms. Marino has
stated valid concerns; that there is a six f?ot (6') high fence
which backs up to Ms. Marino's back yard which does not allow for
viewing into Ms. Martinez's yard; that she would like to address
any concerns of her neighbors.
9.
The Assistant to the City Engineer, Bruce Freckelton,
submitted comments which are incorporated herein as if set forth in
full herein; his statements included 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW\MARTINEZ
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City Ordinances;
that off-street parking shall be provided in
accordance with Section 11-2-414 of the City of Meridian Zoning
Ordinance and/or as detailed in site-specific requirements; that
sewer and water to this facility would be by means of existing
service lines; that assJ3ßsme!1..:þ~$_- for water and sewer service will be
--------- ---,- _J'-
------,"",--"----,-:--:::::reviewe(fto' -see if the additional use and load would justify an
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~----:--, adjp.~_tmen~.
-------
10.
The Planning and Zoning Director, Shari Stiles, submitted
comments which are incorporated herein as if set forth in full;
that the Applicant is to limit children to no more than 12 cared
for throughout the day (less if determined by Fire Department) and
this is to include any children of Applicant; that Applicant shall
secure and maintain an Idaho day care license for the facility and
have an operator's license available for inspection at all times;
that the Applicant shall acquire a certificate of occupancy prior
to operating and shall meet all requirements of the Meridian Fire
Department, provide screening of adjacent residential properties to
lessen impact the of noise, traffic and other activities, provide
a minimum of three (3) off-street parking spaces, to be a minimum
of 9'x 19' and not less than 4' from adjacent residential property,
the gate to the pool area shall be equipped with an automatic
locking device, and that the Applicant shall remain current on
sewer and water utility paYments or the conditional use permit
shall be subject to revocation.
11.
That the Central District Health Department, Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW\MARTINEZ
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Fire Department, and Meridian City Police Department, submitted
comments and they are hereby incorporated herein.
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----~._-:"'"' .------12-.- -T.héi-t Fire Chief, Ken Bowers, commented that the wood
stove would need to have protective devices in front or that it be'
_removed and that the pool area will need to have a lockable gate.
13.
That Commissioner Mac~oy submitted statements regarding
.----~-::..>.,
this application and-they are hereby incorporated herein as if set
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.--f.õrth in full; he commented that Applicant must meet all health and
safety codes and ordinances, the fence type, height, and whether
the existing fence be replaced should be stated, that the fence
should have an automatic locking gate, that the type of pool safe
guards should be stated and in'place prior to allowing children in
the area; the hours of operation should be stated as well as how
many children, and the age range, including if any handicapped
children will be cared for in the facility, and that the number of
dogs and type of dogs in the kennel be stated.
14.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW\MARTINEZ
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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 .-i-ts.......,~n 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 on-site or off-site conditions, 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:
"In approving any Conditional Use, the Commission and Council
may prescribe appropriate conditions, bonds, and safeguards in
conformity with this Ordinance. violations of such
condi tions, 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
Application
for
a
conditional use permit upon the basis of guidelines contained in
Section 11-2-418 of the Revised and Compiled Ordinances of the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW\MARTINEZ
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of Meridian, 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 judicia~~~~ti,ç_~_!_-
-.-----,-. -. ---.-.
-~:::'~~~-::-O--~~~:::.-'--T~--. That 11-2-~418 (C) of the Revised and Compiled Ordinances
- ..of the City of Meridian sets forth the standards under which the
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...
Planning and Zoning Commissi.on and the City Council shall review
applications for Conditi.onal Use Permits; that upon a review of
those requirements and a review of the facts presented and the
c.onditions of the area and assuming that the ab.ove conditions, or
similar .ones thereto, would be attached to the conditional use, the
Planning and Zoning C.ommission concludes as follows:
a. The use, w.ould in fact, constitute a conditional use
and a conditional use permit would be required by
ordinance.
b. The use w.ould be harmonious with and in accordance
with the Comprehensive Plan but the Zoning Ordinance
requires a conditional use permit to allow the use.
c. The use would be designed and constructed to be
harmonious in appearance with the character of the
general vicinity; that if the conditions set forth in the
Findings .of Fact and Conclusions of Law are c.omplied
with, the use should be operated and maintained to be
harmonious with the intended character .of the general
vicini ty and should not change the essential character of
the area.
d. That the use would not be hazardous if access to the
pool is prevented as set forth under paragraph 8. and an
adult shall always be with any child that is outside; it
should not be disturbing to existing or future
neighboring uses if the conditions are met; that traffic
will increase, but due to the drop-off and pick-up being
off of the street it should not be a problem.
e.
The property has sewer and water service already
FINDINGS OF FACT AND CONCLUSIONS OF LAW\MARTINEZ
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connected.
f. The use should not create excessive additional
requirements at public cost for public facilities and
services and the use should not be detrimental to the
economic welfare of the community. '
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g. If-----the--.--conditions are met, the use should not
involve a use, activity., process, material, equipment or
condi tions of operation that would be detrimental to
people, 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 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.
8.
That since conditions may be placed upon the granting of
a conditional use permit, it is re,conunended by the Planning and
Zoning Commission that the following additional conditions be
required if the conditional use is granted, to wit:
a)
The hours of operation shall be restricted, as stated by
the Applicant, from 5:00 a.m. to 6:00 p.m.
The children, if outside, be maintained in the fenced
area, as required below and specifically, the condition
in Conclusion 7. d. be met and the Zoning Inspector shall
be granted the right to inspect the property, but must
first be granted permission, by the Applicant or her
agent, for access and entry to the property.
b)
c)
That the Applicant shall meet the State of Idaho, Health
and Welfare, requirements for staff to children ratio.
d)
That there shall be six foot perimeter fencing with
gates, and locks for the outside play area such that no
children can leave the property without an adult
unlocking and opening the gate to let the child or
children out of the play area; no child or children shall
be allowed outside of the play area or the home without
an adult being present with the child or children; the
fence shall be maintained in good repair and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW\MARTINEZ
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children, when outside, shall stay in the fenced area,
and the children shall not be allowed outside of the
fenced area or the home, except for drop-off and pick-up
times, and an adult shall be with them at all times if
the child or children are waiting to be picked up.
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e) Tþ~t-~ße-.are~~~rrounding the pool be protected with at
------------ cH---------- -' le~~_~ a six foòt~,,- (6') fence with an automatic locking
'-,-.~~-----~-"- gate placed not more 1;han six (6) inches from the top of
the fence and the Applic_~!1t, or an employee, shall be
with any child who is in the. back yard. If this
condition is not met, the City maÿ require that the pool
be drained to allow operation of the day care.
--- f) ------"That the Applicant shall hold and maintain' a State of
Idaho Day Care License for a group day care.
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----------------< .
i)
9.
g)
That the conditional use may be reviewed annually, or
more often, upon notice to the applicant for any
violation of any of the conditions as has been done in
other day care conditional uses and other conditional use
applications.
h)
That the conditional use, pursuant to the Zoning
Ordinance, shall not be transferable to another owner of
the property or to other property.
That the Applicant must meet the requirements of the
Central District Health Department and the State of Idaho
Department of Health and Welfare.
j)
That the Applicant shall meet the requirements of the
City Engineer's office including the re-assessment
agreement, the Planning Director and other governmental
agencies submitting comments.
That there shall be no more than twelve (12) children
cared for at the home throughout the day; that this number of
children is arrived at from the total number of children at the
facility and not the number of children at the facility at anyone
time.
10.
Zoning
That the dog is of concern to the Commission; that the
Inspector
shall visit the Group Day Care
a
and make
FINDINGS OF FACT AND CONCLUSIONS OF LAW\MARTINEZ
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determination if it is acceptable that the dog may stay in the day
care while the children are there.
11.
That any violations of the conditions shall be deemed in
violation of the Zoning Ordinance.
12.
That the above conditions are concluded to be reasonable
.- ,'. .-
and
the
Applicant
shall
meet
these
conclusions
and
it
is
-.. -.
- ----recommended that if the Applicant meets the conclusions stated
- . .-------
-~ftY-e./that -the conditiohal- use permit be granted to the Applicant.
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
Ür yt//ll~
COMMISSIONER HEPPER
VOTED
COMMISSIONER OSLUND
VOTED
COMMISSIONER SHEARER
VOTED
VOTED ~fi
VOTED
COMMISSIONER MacCOY
CHAIRMAN JOHNSON (TIE BREAKER)
FINDINGS OF FACT AND CONCLUSIONS OF LAW\MARTINEZ
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DECISION AND RECOMMENDATION
..
.-., -;Th~, 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
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.----- ---------
de~_cribed~e appl-i-ca:tiol1-withfhe conditions set' forth in these
---~- -------~--- ...
Findings of Fact and Conclusions of Law, or similar conditions as
...
'--- foun_c!- j\J,stified and appropriate by the City Council, and that the
Applicant be required to meet the requirements of Bruce Freckleton
and Shari Stiles, the water and sewer requirements, the fire and
life safety codes, 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.
APPROVED:
DISAPPROVED:
MOTION:
FINDINGS OF FACT AND CONCLUSIONS OF LAW\MARTINEZ
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