Angela Miller CUP
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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
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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
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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
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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
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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
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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
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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
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e)
g)
h)
i)
9.
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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
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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
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review upon notice to the Applicant by the City.
MOTION:
APPROVED:
x
~
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER
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