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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,,--, ~PL~_ /2---;- {J/&dc.t~61 /!ftt;lrJl/?-~-tPL('1'1t(C!e- f/