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Jerry Cobler CUP ~~ ~ ~ BEFORE ~~ THE MERIDIAN PLANNING AND ZONING COMMISSION JERRY O. COBLER CONDITIONAL USE PERMIT 1155 EAST CHATEAU LOT 7, BLOCK 1 MERIDIAN PLACE SUBDIVISION NO.1 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on May 14, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through his representative, Carla L. Olson, a Planning Consultant, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: 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 May 14, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 14, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 1 2. That the property is located within the City of Meridian and the Applicant is not the owner of the property; that the owners of the property are Cecil H. and Jane A. Flemings, of Nampa, Idaho; that the general location of the property is Lot 2 in Block 1 of Meridian Place Subdivision No.; that the property is across from the Chief Joseph Elementary School in Meridian; that the property is described in the Application, which description is incorporated herein. 3. That the property is zoned R-8 Residential; tha't in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 A., Residential, Day Care Center is listed as a conditional use in the R-8 District and in the R-8 District requires a conditional use permit for the operation of a Day Care Center. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: (R-8) Medium Densitv Residential District: The purpose of the (R-a) Districts 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. That the property is a one level, single family residence, on one lot. 5. That in the Application it is stated that the proposed use by the Applicant is for a child care center to serve up to twenty-five (25) children; that the location is most desirable as it is within a neighborhood where there appears to be a need for FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 2 quality child care; that the Chief Joseph Elementary is located nearby, making it handy for before and after school care of elementary students, as well as a one-stop destination for parents delivering children to school and to the child care center, thereby would not be a noticeable increase in traffic levels; that the size and layout of the house lends itself nicely to operating a child care center, which includes spacious rooms, separate areas for playing, sleepin9 and eating, and with two (2) restroom facilities; that the back yard is fenced; that there is adequate room for two ( 2 ) parking spaces in the existing garage and two ( 2 ) parking spaces in the existing driveway; that the Applicant proposes an additional two (2) parking spaces to be compact-size spaces along the west side of the existing garage and driveway, and there would be a second fenced play yard, in the front yard, to accommodate the different age levels playing outdoors at one time, to be added at such time as the enrollment at the center reaches twenty children. 6. That the owners, Cecil H. and Jane A. Flemings have not submitted a consent to this conditional use at this time; that a consent may be submitted at a later date and will be incorporated herein as if set forth in full. 7. That at the public hearing, the Applicant's representative, Carla L. Olson testified that she is the planning consultant for this proposed project; that the neighborhood is approximately 12 to 15 years old and the residence is approximately 11 years old; that the main entrance to the Chief Joseph Elementary School is located across from this single family dwelling at 1155 FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 3 East Chateau; that this neighborhood is largely made up of people with young families, who could use a center within the neighborhood for children before and after school; that this center is proposed for up to 25 children; that prior to submitting this Application, phone calls were generated to the adjacent neighbors as well as door hangers to all properties within 300 feet informing them of this Application and asking to meet with any of those who had any concerns; that i~ is important to the Applicant that the child care center be a good neighbor and wants to be an integral part of the neighborhood with the neighbors support; that efforts have been made to the school principal regarding school traffic patterns and drop off patterns along Chateau Street in front of the school as to whether any plans are in the works for trying to relieve the traffic situation during school hours; that the school principal has yet to respond to the inquiry; that on the east side of the property is an existing solid wood fence approximately 5 to6 feet in height; that children allowed to play within the secured area will be in small groups at a time with constant supervision; that there is an existing chain link fence about 4 feet in height that lines up with the front of the building as well as a chain link fence south of the proposed parking space 5 (southwest corner of house to property line); that a second play yard is proposed at the front northeast corner secured by chain link fence, as the numbers of children cared for increase; that four (4) parking spaces are available to the public; that two (2) spaces in the garage would be intended for staff with space 3 and 4 and the two (2) proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 4 compact spaces on the west side yard; that the request of the two (2) proposed compact spaces on the west side yard with paving and the proposed additional play yard be constructed upon reaching enrollment of 20 children; that this home will not remain a residence; that the Applicant has no problem with the City comments. 84 That the Applicant, Jerry Cobler testified that the operating hours would be from 6 :30 a.m. to approximately 6: 30 p.m.; that at this point the Applicant had not envisioned the caring for handicapped children. 9. That Helen Cobler, the real tor for this property, and who is related to the Applicant, testified that prior residents of this home in the last 8 to 10 years know of the heavy traffic in front of this residence; that parents stop in front dropping off children to go to the school and that these prior residents have been tolerant of people coming and dropping off kids; that this house faces Chateau Drive and that house to the west does not face Chateau Drive, therefore creating a tremendous frontage that is not infringing upon someone elses property; that a decrease in some of the street parking where children are dropped off for school can be made by allowing the parents of these school aged children to arrive early to the care center dropping off the children to later be escorted to the school grounds in time for school and thus eliminated the milling around on the public street with arriving busses and parents, endangering the early arriving children; that one of the reasons for the flowers and shrubs was not for aesthetic FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 5 view entirely, but for child safety; that putting a visual barrier between the young children, the fence and the public street and in keeping with the looks of the neighborhood; that too high a barrier detracts from the residential look; that a four (4) foot fence is . very adequate for the age of children; that up until 2 years ago, there was a chain link fence across the front yard which extended across the drive way; that this center gives an alternative to try and keep the kid~ a little bit safer going and coming from school; to hopefully get some of the cars that are dropping off the kids, out right in the traffic flow; that the CC&R's have not been active for quite some time and that there are no association fees or functions in this neighborhood; that the Applicant is not opposed to the Commission setting a reasonable time limit to have completed the proposed construction of the additional play area and parking spaces; that before a year of operation is over the need will be there for the additional play area and parking spaces and that the Applicant could conform to the time limit of one (1) year without having to be monitored, bringing in proof of the additional areas. Helen Cobler added that in her opinion the property values of homes in the area being influenced by a commercial enterprise going in next door is that there is as much increased interest as there is decreased interest, depending upon the area and the price of the homes; that you don't have the same buying group and a lot depends upon your area and that this area is a positive not a negativej that more calls come to her with young, working families looking for a nice piece of property in an average home priced neighborhood FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 6 with a day care. 10. That comments and statements from the Commissioners were as follows: 1. Commissioner MacCoy suggested the reconsideration of upping the height of the four foot fences and the height of the proposed shrubs along the fence to actually give a visual break and help with the sound qualities for the neighbors; that any care for handicapped children modifications of the home and code restrictions would apply. 2. Commissioner Oslund commented as to the state s'tandards in terms of square footage needed per child and that the facility can 'tbe any greater than the dimensions given, more than 1800 square feet. 11. Patricia Reed testified that she runs a day care and is required to have a six (6) foot fence; that this enterprise will hurt the neighborhood; that this isn't just a drop off the kids and run situation and that it is not going to beautify the neighborhood in any way; that this facility will be very obvious to all who pass by that it is a day car center. 12. That the Ada Planning Association submitted a written statement regarding this proposed project, and it is incorporated herein as if set forth in full; that the Association is in support of this proposal; stating that this proposal provides a convenience to parents, but most importantly, reduces vehicle miles traveled on local roadways, linking a child care facility and the Chief Joseph Elementary School. 13. That Mr. and Mrs. Steve Hihath submitted a written statement which is incorporated herein; that the Applicant' s diagram submitted with the Application for Conditional Use is in FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 7 error; that the fence surrounding the home is a wooden fence, and not chain link as portrayed in the Applicant's diagram; that their concern is that the existing fence between this proposed project and their property not be torn up or climbed on by the children during the centers operating hours and that the Applicant be required to provide a chain link fence and that it be in place prior to operation of the child care facility. 14. That ~ letter of opposition was submitted by Gregg Crow, living at 2162 Jericho Way, which is incorporated herein as if set forth in full; that Mr. Crow lives directly east of this project; that there is already a day care facility across the street from his home now; that the additional noise, traffic and safety are of concern; that the value of his property could dramatically decrease. 15. That there was no other public testimony given at the hearing. 16. That the Meridian Planning and Zoning Administrator, Shari Stiles, the Assistant to the City Engineer, Bruce Freckleton, the Meridian City Police and Fire Departments, Central District Health Department, the Nampa and Meridian Irrigation District, and the Water Work Department submitted comments and they are incorporated herein as if set forth in full. 17 . Bruce Freckleton, the Assistant to the Meridian City Engineer, commented that off-street parking and signage shall all be provided in accordance with City Ordinances; that outside lighting shall be designed and placed so as to not direct FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 8 illumination on any nearby residential areas and in accordance with City Ordinances; that Sanitary Sewer and Water to this facility would be by means of existing service lines and that the assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment; that Applicant provide any information as to the anticipated water demand and that the Applicant will be required to enter into an Assessment Agreement with the City o~ Meridian. 18. That Shari Stiles, Planning and Zoning Administrator, provided the following comments: 1. Provide a copy of the day care license from the Idaho Department of Health & Welfare. Operator's licenses shall be available on the premises at all times for inspection. 2. Provide Social Security numbers of owner and operators for this facility. 3. That the Applicant obtain a Certificate of Occupancy prior to operation of the child care center. 4. That the screening of adjacent residential properties is to be provided through landscaping/slats in fencing. 5. No unpaved areas are to be used for parking. 6. That this Conditional Use Permit should be subject to annual review. 7 . That any proposed signage is subj ect to plan review. Ms. Stiles commented that this is an excellent location for a child care center and should help with traffic congestion in the area. 19. That the Water Works Superintendent submitted a comment that the meter shall not be fenced in. FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 9 20. That Commissioner MacCoy submitted statements regarding this application and they are hereby incorporated herein as if set forth in full; he commented that Applicant must meet all codes and ordinances as they apply to this type of use; the height of the fence should be stated and whether any handicapped children will be cared for at this facility, and if so, that the Americans with Disabilities Act will apply. 21. That ~~oper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been met. 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 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 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 4. That the property is zoned R-8 Residential, but the FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 10 Zoning Ordinance, section 11-2-409 A lists Day Care Centers to be an allowed use in the R-8 District; it is therefore concluded that this Application should be granted; however, the City does have authority to put reasonable conditions on the use. 5. 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 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, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan and Zoning Ordinance if all conditions stated herein are met and complied with c. The use, apparently, would be harmonious in appearance with the intended character of the general vicinity if the conditions stated herein are met and complied with. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses, but the Applicant must take precautions to see that use does not become hazardous or disturbing; review of the operation of the Day Care Center and the neighbors within 300 feet of the Center, may be required by the City every six (6) month or more often if the City receives complaints. e. The property has sewer and water service available. 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. The use would 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 or noise. FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 11 h. That sufficient parking for the property and the proposed use will be required and paving for the required parking must be completed before an occupancy permit is issued. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. That all ordinances of the City of Meridian must be met and complied wi th, including but not limi ted to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code~. the Fire and Life Safety Code, all parking and landscaping requirements and the comments of the Planning and zoning Administrator and the City Engineers office must be met and complied with; that the structure must meet all city Ordinances and Codes before an occupancy permit is issued by the City. 7 . That the parking must be paved and the landscaping placed, prior to issuance of an occupancy permit. 8. That the Applicant shall provide proof of Health and Welfare licensing prior to issuance of an occupancy permit; that under City Ordinance, 11-2-403 B, Child Care Facility, it is the total number of children cared for during the day and not the number of children at anyone time that is determinative. 9. The following conditions shall also apply: (1) Secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. (2) Acquire an occupancy certificate. (3) Provide one ( 1 ) paved off-street parking space per employee. (4) Provide for a child pick-up area located off of the two (2) main-fronting streets. FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 12 (5) ( 6 ) (7 ) (8) Provide for screening of adjacent properties to protect children from adverse impacts and provide a buffer between properties. Provide for a fence of appropriate height/construction, to enclose play areas, protecting children from traffic which must be approved by the Zoning Administrator prior " to, and after, construction. Meet the Idaho state Department of Health and Welfare- Child Care Licensing Division child to instructor ratio and meet the required square feet per child. Meet the required child-tb-care giver ratio set by the Depar~~ent of Health and Welfare. the requirements of Shari and all other City and in paragraph 16. of the Meet and/ or perform all of Stiles, Bruce Freckleton, government agencies listed Findings. 10. That it is concluded that if the owner's consent of this (9) use is not delivered to the City, the use should be denied. 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 VOTED COMMISSIONER HEPPER VOTED COMMISSIONER OSLUND VOTED VOTED~ VOTED COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 13 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. That the use should be denied if the owner does not give his consent. MOTION: APPROVED DENIED FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 14