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1983 08-08,; A G E N D A MERIDIAN PLANNING & ZONING AUGUST 8, 1983 ITEM: Minutes of Previous Meeting Held July 11, 1983 APPROVED 1. Findings of Fact & Conclusions Janice Love Conditional Use Permit. APPROVID MERIDIAN PLANNING AND ZONING AUGUST 8. 1983 Regular Meeting of the Meridian Planning and Zoning Commission called to order by Chairman Bob Spencer at 7:40 p.m. Members Present: Marnell Chenowith; Bob Giesler, Walt Morrow Members Absent: None Others Present: Wayne Crookston Minutes of previous meeting held July 11, 1983 approved as written. ITEM: 1. Findings of Fact and Conclusions- Janice Love Conditional Use Pezmit Request Chairman Spencer asked Caimission if there were any Garments on the Findings of Facts and Conclusions? No Comments The Motion was made by Morraa and seconded by Giesler to approve the Findings of Fact and Conclusions on the Janice Love Conditional Use Permit Request. (Copy on file with these minutes) Motion Carried: Chenowith, yea; Giesler, yea; Nbrraa, yea Being no other business to cane before the Camu.ssion ........................ The Motion was made by Nbrrow and seconded by Chenowith that the meeting be aljourned at 7:50 p.m. Notion Carried: Chenowith, yea; Giesler, yea; Morrow, yea ATTEST: Citf/ Clerk, Jack,Fi. Niemann p~: Mayor~lCouncil (5) Carmission (4) Schoen, Ward, JUB., Atty, Stuart, Fire, Police, Kiebert, Valley News Statesman Press Tribune Mail (6) File- Love Mail- Love APPROVED: , BOB SPENCER ~~ • JANICE LOVE CONDITIONAL USE PERb1IT At 1001 Meridian, Meridian, Idaho FINDINGS OF FACT FND CONCLUSIONS • The above entitled matter having come on for public hearing on July 11, 1983, at the hour of 8:00 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having considered all evidence and matters before them and things of which judicial notice can be given, makes the followin findings and conclusions: IINDINGS OF FACT 1. That this property is located within the City of _'4eridian; 2. That the property is located in an area that is presently zoned residential; 3. That the use of the structure on the property as a day care center, which is a commercial activity, is not in compliance caith the zoning ordinances or the allowed uses in a residential zone; 4. That proper notice has been given as required by law and all approvals and procedures before the Planning and Zoning Commission have been given and followed: 5. That no persons appeared at the hearing objecting to the use of the property as a day care center; 6. That. the property has been used as a Church in the past; and that the property will now be used as a .day care center; 7. That since this i_s a commercial activity, the owner of AMBROSE, FITZG ERALD B CROO KSTON AtlorneyB end Counselors P.O. BoK ~2T MerlElan, ICelq 83M2 TelpNOns SBSMBI the property will be required to pay corn~;;ercial rates for water, sewer and trash and to pal any additional hook-up fees required; 8. That the property is located in an area that is planned future commercial zoning; that Meridian Street is a main avenue of traffic through the City of Meridian and is used by residential and commercial traffic; that the use of the property as a day care center is in the best interest of the City of Deridian. CONCLUSIONS 1. That the City Council has authority to grant conditional uses pursuant to 67-6512, Idaho Code; 2. That the City Council has authority to limit the time a conditional use may be in existence pursuant to 67-6512, Idaho Code; 3. There having been no objection to the use of the property as proposed, the Petitioner shall be able to use the property as a day care center indefinitely, but the City Council retains the right to review conditional use permits on an annual basis to see if such use is still in the best interest of the City and the neighbor- hood in which the property is located; 4. That as a condition of the issuance of a Conditional Use Permit, and the continued allowance of said permit, the Petitioners shall be required to pay commercial rates for water, sewer, and trash; they shall further be required to make the structure conform to the requirements of all City Codes, including, but not limited to the following: Uniform Building Code, Uniform Fire Code, Life Safety Code, Uniform Electrical Code, Uniform Plumbing Code, etc. RECOMMENDATION The Planning and Zoning Commission hereby recommends the AMRROSE, FITZGERALD B CROOKSTON Allomeye AnE l`.OU11N10lL R.G. BoR t9 MMEMn, IAMo B~M2 TN~p~olb 8lNMt issuance of the requested Conditional Use Permit upon the above conditions. These Findings of Fact and Conclusions were ~c,,gti13 on a vote of Yea Nea ~. ST: B B R, CHAIRb~ ,-, ,. ~~~~~ ~ - AMBROSE, FITZGERALD S CROOKSTON A~~orneys and Counaelore P.O. BOM.T MariElan, ItlaNo BJBa2 Telap~ona BBBJ~81