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