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