Raymond Chace CUP
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
RAYMOND CHACE
CONDITIONAL USE PERMIT FOR DAY CARE CENTER
1302 EAST FIRST STREET
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUS~ONS OF LAW
The above entitled matter having come on for public hearing on
January 16, 1997, at the hour of 7:00 o'clock p.m., the Applicant,
Raymond Chace, hereinafter referred to as the "Applicant,"
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 of Law:
FINDINGS OF FACT
1. 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 January 16, 1997, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the January 16, 1997
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 6
2. This property is located within the city of Meridian.
3. The Applicant does not own the land. The land is owned
by Gary and Peggy Timson, and they have consented to the
application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
CHACE
4. The property is currently zoned C-C, Community Business
District; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-
409 B., Commercial, Child Care Center is listed as a conditional
use in the C-C District and, therefore, in the C-C District a
conditional use permit for the operation of a Child Care Center is
required.
5. The C-C, Community Business District is,described in the
Zoning Ordinance, 11-2-408 B. 9 as follows:
(C-C) Community Business District: The purpose of the
(C-C) District is to permit the establishment of general
business uses that are of a larger scale than a
neighborhood business, and to encourage the development
of modern shopping centers with adequate off-street
parking facilities, and associated site amenities to
serve area residents and employees'; to prohibit strip
commercial development and encourage the clustering of
commercial enterprises. All such districts shall have
direct access to a transportation arterial and collector
and be connected to the Municipal Water and Sewer systems
of the City of Meridian.
6 . Condi tional Use Permit is defined in the Zoning And
Development Ordinance, City of Meridian, Idaho as follows:
"permi ts allowing an exception to the uses authorized by this
Ordinance in a zoning district."
7. The property is located at 1302 East 1st Street,
Meridian, Ada County, Idaho.
8. The Applicant testified that they have placed an offer to
purchase the property, and their intention is to operate a day care
for children for twelve (12) or more children.
9. The Applicant testified as follows. They have reviewed
the comments from the City Engineer, the Planning Director, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
CHACE
Meridian Fire Department, Central District Health and the
irrigation questions. They attended the ACHD (Ada County Highway
District) hearing. They are prepared to comply with all of the
comments. with regard to the driveway, they are prepared to pave
with cement the existing driveway and expand it to the curb which
was recommended ~n item C. of the ACHD comments and conform to the
City's guidelines.
10. The Applicant testified as follows in response to
questions of Commissioner MacCoy.
They are aware of the fence
height requirements. The gates of the fence surrounding the play
area will be lockable. They will comply with signage requirements
so as not to create a nuisance to neighboring properties. They are
unable to and will not offer their day care services to handicapped
children, but they will conform to the Americans with Disabilities
Act Federal guidelines for handicap access to the property. They
will submit floor plan of the house on the property.
To the
Applicant's knowledge, they have received no complaints from
surrounding neighbors.
11. The Applicant testified as follows in response to
questions of Commissioner Borup.
They received an off-street
parking design and dimensional table from the City of Meridian,
with which they will be able to comply.
12. The Applicant testified that the hours of operation will
be 7:00 a.m. to 6:00 p.m., Monday through Friday; there will be no
overnight hours of operation.
The operation will be closed
Saturdays and Sundays.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
CHACE
13. The Applicant testified that there is on the southern
border an irrigation ditch which is covered and secured. There is
a pump which is covered. There are two fences which separate the
children from the ditch and pump.
14. Dale Ownby testified concerning the location and coverage
of the ditch. He testified that the ditch is covered with a steel
grate and the remainder is underground.
15. E. Faye Brewer Buchanan submitted a letter objecting to
this application, which letter is incorporated herein as if set
forth in full.
16. The Assistant to the City Engineer, Bruce Freckleton,
submitted comments which are incorporated" herein as if set forth in
full. His comments included that all driveway and parking areas
shall be paved; that graveled driveways, parking and access are
unacceptable; that a drainage plan designed by the State of Idaho
licensed architect or engineer is required and shall be submitted
to the city Engineer (Ord. 557, 10-1-91) for all off-street parking
areas; that all site drainage shall be contained and disposed of
on-site; that any existing irrigation/drainage ditches crossing the
property to be included in this project shall be tiled per City
Ordinance 11-9-605 M.; that plans will need to be approved by the
appropriate irrigation/drainage district,
or lateral users
association, with written confirmation of said approval submitted
to the Public Works Department; that outside lighting shall be
designed and placed so as not to direct illumination on any nearby
residential areas and in accordance with City Ordinance Section 11-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
CHACE
2-414 D. 3.; that all signs shall be in accordance with the
standards set forth in 2-415 of the City of Meridian Zoning and
Development Ordinance; that sanitary sewer and water to the
facility would be through existing service lines; that assessments
for sewer and water service will be reviewed to determine whether
additional load justifies an adjustment to the assessments; that
the Applicant provide any information that they may have with
regards to your anticipated water demand; and that the Applicant
will be required to enter into an Assessment Agreement with the
city of Meridian.
17. The Planning and Zoning Administrator, Shari Stiles,
submitted comments which are incorporated" herein as if set forth in
full.
18. Meridian
City
Police
Department,
Meridian
Fire
Department, and Nampa & Meridian Irrigation District. submitted
comments, which respective comments are hereby incorporated herein
as if set forth in full.
19. Central District Health Department submitted comments,
which comments are hereby incorporated herein as if set forth in
full.
Its comments included that after written approval from
appropriate entities are submitted, it can approve this application
for central sewage and central water; and that it will require
plans be submitted for a plan review for the child care center.
20. Ada County Highway District submitted comments and
requirements, all of which comments and requirements are hereby
incorporated herein as if set forth in full, and some of which are
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
CHACE
more particularly set forth as follows.
As site specific
requirements that the Applicant reconstruct the existing 12-foot
curb cut driveway as a 24 to 30 foot wide curb return driveway with
1S-foot curb radii, located on the south property line; that the
Applicant pave the drive its full required width of 24 to 30-feet
beyond the edge of pavement on East 1st street; that as required by
District policy, restrictions on the width, number and locations of
driveways, shall be placed on future development of the property;
and that other than the access point(s) specifically approved with
this application, direct lot or parcel access to East 1st street is
prohibited.
21. There was no further testimony' given at the hearing.
CONCLUSIONS OF LAW
1 . 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. The City of Meridian has authority to grant conditional
uses pursuant to Idaho Code section 67-6512 and pursuant to 11-2-
418 of the Revised and Compiled Ordinances of the City of Meridian.
3. 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 of Idaho.
4. The City of Meridian has authority to place conditions on
a conditional use permit and the use of the property pursuant to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
CHACE
Idaho Code Section 67-6512 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 ~n existence.
5. section 11-2-418 D. states as fOllows:
In approving any Conditional Use, the' conunission and
Council may prescribe appropriate conditions, bonds, and
safeguards in conformity with this Ordinance. Violations
of such conditions, bonds or safeguards, when made a part
of the terms under which the Conditional Use is granted,
shall be deemed a violation of the Ordinance and grounds
to revoke the Conditional Use. The Commission and
Council may prescribe a set time period for which a
Conditional Use may be in existence~
6. The City has judged this Application for a conditional
use 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 record submitted to it and the things of which it may take
judicial notice.
7. 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 and assuming that the above conditions or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
CHACE
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 cpnstructed 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
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
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. Sufficient parking for the proposed use will be
required to meet the requirements of the City ordinance;
and
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
CHACE
8. 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 children, if outside, shall be maintained in the
fenced area, as required below;
b. There shall be fencing, gates and locks for the outside
play area such that 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; 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, and an adult
shall be with them at all times if the child or children are
waiting to be picked up;
c. The Applicant shall meet the state of Idaho requirements
for staff to children ratio;
d. The Central District Health Department and the state of
Idaho Department of Health and Welfare have requirements for
day cares and the Applicant shall meet those requirements of
the Central District Health Department and the state of Idaho
Department of Health and Welfare;
e. The conditional use, pursuant to the Zoning Ordinance,
shall not be transferable to another owner of the property or
to another property;
f. The Applicant shall meet the requirements of the City
Engineer's office, the Planning and Zoning Administrator, and
other governmental agencies submitting comments, which
comments specifically include:
1. All driveway and parking areas shall be paved;
2.
Graveled driveways,
unacceptable;
parking
and access
are
3 . A drainage plan designed by the state of Idaho
licensed architect or engineer is required and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
CHACE
shall be submitted to the City Engineer for all
off-street parking areas;
4. All site drainage shall be contained and disposed
of on-site;
5. Any existing irrigation/drainage ditches crossing
the property to be included in this project shall
be tiled per City Ordinance 11-9-605 M. and the
plans for such will need to be approved by the
appropriate irrigation/drainage district, or
lateral users association, with written
confirmation of said approval submitted to the
Public Works Department;
6. Outside lighting shall be designed and placed so as
not to direct illumination on any nearby
residential areas and in accordance with City
Ordinance Section 11-2-414 D. 3.;
7. All signs shall be in accordance with the standards
set forth in 2-415 of the city of Meridian Zoning
and Development Ordinance;
8. Sanitary sewer and water to the facility would be
through existing service lines;
9.
Assessments for sewer and water
reviewed to determine whether
justifies an adjustment to the
that the Applicant provide any
they may have with regards to the
demand; and
service will be
additional load
assessments, and
information that
anticipated water
10 . The Applicant will be required to enter into an
Assessment Agreement with the City of Meridian.
g. The conditional use should not be restricted to a period
of authorization but may be reviewed annually, upon
notice to the Applicant, for violation of any conditions
imposed herein,tand in-Gther--da.y...-care cend-i-t;-i:eoa-I-uses--a'ndcp
-e:t;.he-r-eencl:i:-t-i-e-naJ.~u.se-app:1-ieations .
9. The above-conditions are concluded to be reasonable and
the Applicant shall meet these conditions.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
CHACE
10. It is recommended that if the Applicant meets the
to the Applicant.
conditions stated above that the conditional use permit be granted
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions of Law.
ROLL CALL
COMMISSIONER BORUP
VOTED
COMMISSIONER OSLUND
VOTED
e:OMf<IIZg.;rOllElR SHEkREl\
V'O'l'E5
COMMISSIONER MACCOY
VOTED
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
CHACE
w06
.J.ldq 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
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
review upon notice to the Applicant by the City.
APPROVED:
DISAPPROVED:
MOTION:
~~v91
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
CHACE
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact
'Q~ -
and Conclusions of Law on this I {/ -- day of ;:;ebf'ua r1
.....,
I 199~ 1
ROLL CALL
COUNCILMAN BENTLEY
VOTED~
VOTED
COUNCILMAN MORROW
COUNCILMAN TOLSMA
VOTED
COUNCILMAN ROUNTREE
MAYOR CORRIE (TIE BREAKER)
VOTED
(INITIAL) D~
APPROVE
DISAPPROVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - t! It P - Clu!d {!&Lf,,--,
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