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Angela Miller CUP '--"'- 8 8 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ANGELA M. MILLER CONDITIONAL USE PERMIT FOR GROUP DAY CARE 1285 CRESMONT DRIVE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing February 13, 1996, at the hour of 7:30 o'clock p.m., the Petitioner, Angela M., Miller, appearing in person, the Planning and Zoning Commission of the City of Meridian hàving 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 February 13, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 13, 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 which is currently under construction; that the property is currently zoned R-8 FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Page 1 8 8 Residential; that in the ZONING SCHEDULE OF USE COBTROL, Section 11-2-409 A., Residential, Group Child Care Home is listed as a conditional use in the R-8 District and therefore the R-8 District requires a conditional use permit for the operation of a Group Child Care Home. 3. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: (R-8) Medium Density 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 cenversion 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 property is located in MIDTOWN SQUARE SUBDIVISION, Block 5, Lot 12, an R-8 single-family residential subdivision; that it is one block to the south of Cherry Lane. .6. That the intention of the Applicant is to operate a group day care for six (6) to twelve (12) children; that the hours may be flexible from 6:30 a.m. until 7:00 p.m. a few days in the week and from 7:00 a.m. to 5:30 or 6:00 p.m.; that the Applicant stated that she'd like to have the children gone by 6:00 p.m. 7. The Applicant testified that she was previously licensed FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Page 2 e 8 in Boise for twelve (12) children; that the Applicant is not aware of any opposition and that she has contacted her one neighbor and they are in favor of this application; that the house is currently under construction and will have a large fenced yard; that a swing set and some Fisher Price play equipment will occupy the backyard and Ms. Miller agrees to pay any additional fees for sewer, water and trash; that the Applicant has a two car driveway which will access the drop off and pick up of the children as well as her home, which is located at the end of the Crestmont Drive; the use should not see a lot" of traffic. 8. The Assistant to the City Engineer, Bruce Freckelton, submitted comments which are incorporated herein as if set forth in full herein; 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 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 the site-specific requirements; that sewer and water to this facility would be by means of existing service lines; that assessments for service will be reviewed during the building plan review process. 9. 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; the total number of children cared for during the day, and not the FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Page 3 8 8 number of children at the facility at any one time, - is determinative; that App1icant should also instruct parents dropping off children to turn around in the driveway and avoid using the cul-de-sac as a turnaround to minimize impact on additional homes; that signage/advertisinq should not be permitted; that all fire and life safety codes shall be complied with; that the Applicant shall secure and maintain a 'child care license from the Idaho Department of Healt.h & Welfare, acquire a certificate of occupancy, and furnish evidence of both to the City of Meridian; that this permit may be reviewed annually. 10. Central District Health Department, Meridian Fire Department, Meridian City Police Department, and the Nampa & Meridian Irrigation District submitted comments and they are hereby incorporated herein. 11. Commissioner MacCoy submitted statements regarding this application and they are hereby incorporated herein as if set forth in full; that a fence type "and height with child proof gate locking devices be in place to comply with Meridian City Codes; that the home is to have code approved smoke/fire detectors in place prior to approval and accepting children; that the hours of operation be stated; that safe entraøce and exit of vehicles dropping off and picking up of children and that adequate lavatory facilities per existing codes and ordinances shall be required. 12. That there was no other testimony given at the hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Page 4 8 8 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 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Page 5 8 8 conformity with t:hisOrdinance. Violations of _such condi tions, bonds or safeguards, when made a part of the terms under which the Cnnditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. 2be 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 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 ,r~d submitted to it and the things of which it may take judicial notice. 7. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridiaa sets forth the standards under which the Planning and Zoning CO8Bission and the City Council 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 Co~ssion 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 with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and FINDINGS OF FACT AND COBCLUSIONS OF LAW\MILLER Page 6 8 8 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 the street it should not be a problem. e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use. ' 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. 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 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. 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 to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a) The hours of operation shall be restricted, as stated by the Applicant, from 6:30 a.m. to 6:00 p.m. The children, if outside, be maintained in the fenced area, as required below. b) c) That the Applicant shall meet the State of Idaho Health FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Page 7 e) g) h) i) 9. 8 8 d) and Welfare requirements for staff to children ratio. That there shall be fencing, gates, and locks for the outside play area such 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 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 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, but an adult shall be with them at all times if the child or children are waiting to be picked up. f) That the Applicant shall hold and maintain a State of Idaho Day Care License for a group day care. That the conditional use should not be restricted to a period of authorization but may be reviewed annually upon notice to the applicant for viol'ation of any of the conditions as has been done in other day care conditional uses and other conditional use applications. That the conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another property. 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's office,. including the re-assessment agreement, 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 time. facility and not the number of children at the facility at anyone 10. and the Applicant shall meet these conclusions. That the above conditions are concluded to be reasonable FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Page 8 8 8 11. That it is recommended that if the Applicant meets the conclusions stated above that the conditional 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 COMMISSIONER HEPPER COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED X tJ.- ! VOTED ; r~\. VOTED l f ci/ VOTED 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 Findings of 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, Uniform Fire Code and other Ordinances of the City of Meridian. The conditional use should be subject to FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Page 9 8 8 review upon notice to the Applicant by the City. MOTION: APPROVED: x ~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Page 10