Loading...
William & Cindy Walgamott CUP t~(P1f BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WILLIAM AND CINDY WALGAMOTT CONDITIONAL USE PERMIT 1915 W. CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing July 11, 1995, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, 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 L 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 July 11, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 11,1995, 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 not the owner of the property; that the owner is Anne L. Plough and she gives her consent for this application; that the property is currently zoned L-O Limited FINDINGS OF FACT AND CONCLUSIONS OF LAW WALGAMOTT Page 1 Office; that the intention of the Applicant is to operate a day care for children 2 years of age and up to after schoolers and preferably no infants; that with the proposed addition of making the garage a room, the square footage of the day care would be 1,600 feet; that this will be a day care facility and not used as a residence; that the plans are for this facility to handle up to 45 children; that the Applicants are applying for a license from the Department of Health and Welfare; that the hours would be from 6:30 a.m. to approximately 6:00 p.m.; that the backyard is fenced with a six (6) foot wooden fence, no gates, and that another portion, involving the shed area and garage, would be a fenced area not accessible to children but would have spring loaded gates for access; that there will be a one way drive through access with adequate parking space; that children will not be dropped off from Cherry Lane, but would need to be brought into the facility and each child signed in by the parent/guardian; that the comments received from the 'Planning Director, Assistant City Engineer, Ada County Highway District would be complied with. 3. That a day care center is a permitted use in the L-O District under a conditional use permit; the Limited Office Zone requires a conditional use permit for the operation of a day care center caring for thirteen (13) or more children, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 4. That the L-O District is described in the Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW WALGAMOTT Page 2 Ordinance, 11-2-408 B. 7 as follows: (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-Q) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-Q District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. ., 5. The Applicants requests that a conditional use be granted for the operation of a Day Care Center. 6. The Assistant to the City Engineer submitted comments which are incorporated herein as if set forth in full; the comments address the off-street parking requirements, drainage, outside lighting, paving and striping, and signage shall meet all Meridian City Ordinances; that sewer and water are available but the use may require additional charges or fees. 7. That the City Planning and Zoning Administrator, Shari Stiles submitted comments which are incorporated herein as if set forth in full; that all parking and driveway areas will need to be paved prior to opening; that a handicap parking space must be a minimum of 8 feet wide with an 8 foot access aisle and be signed appropriately; that all fire and life safety codes be complied with; that the number of children be kept to approved levels; that the hours of operation be restricted to 6:00 a.m. and 6:00 p.m.; that the entrance corridor of Cherry Lane be landscaped with sod FINDINGS OF FACT AND CONCLUSIONS OF LAW WALGAMOTT Page 3 and trees. 8. The Ada County Highway District submitted comments and they are hereby incorporated herein; that the driveways shall be a minimum of 20 feet wide and a maximum of 24 feet wide and shall be signed as one way with the westerly driveway enter only and the easterly driveway exit only with no additional driveways permitted; that a minimum of two additional standard on-site parking spaces be provided (total 10); that no parking shall be allowed on Cherry Lane; and that utility street cuts in the new pavement on Cherry Lane will not be allowed unless approved by the District Commission. 9. Nampa-Meridian Irrigation District submitted comments and they are hereby incorporated herein. 10. Central District Health Department submitted comments and they are hereby incorporated herein. -~ That there was no public 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW WALGAMOTT Page 4 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 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 the City has judged this Application for a zoning 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 11-2-418(C) of the Revised and compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review FINDINGS OF FACT AND CONCLUSIONS OF LAW WALGAMOTT Page 5 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 would be 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. c. The use is designed and constructed to be harmonious in appearance wi th the character of the general vicinity; that 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, but due to the drop-off and pick-up being off of Cherry Lane it should not be a problem. e. The property has sewer and water service already connected. 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. I f the condi tions 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW WALGAMOTT Page 6 i. The development and uses will not result in the destruction, loss or damage of a aatural or scenic feature of major importance. 7. That the Applicant shall comply with the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Uniform Fire and Life Safety Code, and all parking and paving requirements. 8. The Applicant shall meet the conditions of the Ada County highway Department; that if any children are dropped off while the car they are departing is on Cherry Lane, the Conditional Use Permit, if granted, may be revoked. 9. The Conditional Use Permit, if granted, should be reviewed periodically to see if the Applicant continues to meet the requirements of the permit. 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 COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) ~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW WALGAMOTT Page 7 , ' DECISION AND RECOMMENDATION The 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 described in the application with the conditions set forth in the _E'i!1d~ngsof Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, 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: ?l( FINDINGS OF FACT AND CONCLUSIONS OF LAW WALGAMOTT Page 8