1989 04-11i
A G E N D A
MERIDIAN PLANNING & ZONING
APRIL 11, 1989
ITII~1
MINUTES OF THE PREVIOUS MEETING HELD MARCH 14,1989: (APPROVED)
1: FINDINGS OF FACT & CONCLUSIONS ON CONDITIONAL USE PERMIT F1~R DAY CARE FOR DEBIE
CAVANAUGH: (FINDINGS APPROVED REC~IDID APPROVAL BY CITY COUNCIL)
2: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR PATSY GARRE2T FOR DAY CARE; (FINDINGS TO BE
PRPEPARID)
3: PUBLIC HEARING: CONDITIONAL USE PERMIT FbR TRUDY HADLEY FOR DAY CARE: (TABLID)
MERIDIAN
APRIL 11, 1989
Regular N~eting of the Meridian Planning & Zoning Ca[caission called to order by Chairman
Johnson at 7:30 p.m.:
Members Present: Moe Alidjani, Charles Rountree, Tim Hepper:
Manbers Absent: Jim Shearer:
Others Present: Patsy Garrett, Debi Cavanaugh, Eva Golightly, Trudy Hadley, Wayne Crookston,
Cheri Murray, Louise Carter, Carla Miller, Walter Nichols, Connie Declouse.
The Motion was made by Alidjani and seconded by Rountree to approve the Minutes of the
previous meeting held March 14, 1989 as written:
Notion Carried: All Yea:
Item #1: Findings of Fact and Conclusions on Conditional Use Permit for Day Care for
Debi Cavanaugh:
Chariman Johnson: Any questions or continents from the Members, if not I would entertain a
Notion .
The Motion was made by Rountree and seconded by Alidjani that the N~x'idian Plann;ng and
Zoning Commission herby adopts and approves the Findings of Fact & Conclusions as prepared.
Motion Carried: Roll Call Vote: Hepper, Yea: Rountree, Yea: Alidjani, Yea: Johnson, Yea:
The Motion was made by Hepper & seconded by Rountree that the Meridian Planning & Zoning
Commission hereby recarmiends to the City Council 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 and that the property
be required to meet the water & sewer requirements, the fire & life safety codes, and the
Uniform Building Code and other Ordinances of the City of Meridian:
Nootion Carried: All Yea:
Item #2: Public Hearing: Conditional Use Permit for Patsy Garrett for Day Care:
Chairman Johnson: Is there a representative for this request present, would they please
cow forward and be sworn:
Patsy Garrett, 934 East 5th Street, Garrett was sworn by the City Attorney:
Garrett: I have a day care in my home at 934 East 5th Street, I care for up to twelve
children, I feel like a day care home is where young children are trained and get the
necessary care the need, I do not have any c~laints fran my neighbors:
Alidjani: Have you looked over the ccnments that were received and do you have any
problems with those?
Garrett: Yes, I have, I think my parking is adequate, I have sane question on the water,
I did not understand what the average was.
MERIDIAN P & Z . .
APRIL 11, 1989
PAGE # 2
Alidjani: Let me go a little further, if we approve this it would be with these conditions
that are stated on the ccnitients, that is why I am asking if you have a problem with these
cronditions:
Garrett: I guess I was waiting for you to make a decision and then I would make a decision:
Alidjani: We generally make the caimients that are sutmitted part of the conditions of
the approval:
1
Garrett: I guess I have some other options that I would like to look at if these are what
the Commission is considering, possibily moving my day care, I understood those to be
catmexits, not necessarily requirements.
Johnson: Those are camients, they are cam~nts in the text of following the Ordinances of
the City. What they said about parking is out of the Ordinance, what was said about useage
was for canParision for us to see, since you are running the day care now whether your use
of water is in excess of what the average have would be.Frankly they are fairly close in
my opinion, you are not like double.
Garrett: As far as the water useage I would go along with anything you did on that. The
other question I had is in regards to ACRD canments as far as the drainage and the street,
putting up funds for construction, then I guess I would like to take another look at
doing this:
Johnson: As far as the parking it does not sound to me that you would have any trouble
meeting what the camients say is necessary:
Rountree: We would like to hear your reaction to the ACfID con¢nents:
Garrett: It say the developer make appropriate financial cannittment to the District,
I guess I would have to know what they are asking for again there are other options I
could take.
Johnson: That is a reconBnendation, quite frankly that is almost a boiler plate recac[nend-
ation that they put in on all these requests. In this area they have drainage problems
and anything that happens in this area they try to get a cacmittment toward financing
that in the future when they have to take care of that problem.
Hepper: Are there any restrictive covenants in that area?
Garrett: No, we are in the old part of town.
Johnson: Do covenants actually exist?
Garrett: No, I do not think so, we have never seen than.
Johnson; What is the age of the home?
Garrett: Forty years:
Alidjani: What I would like to clarify with you is that if this is approved they might
change your rate for your water & sewer?
Garrett: Yes:
Hepper: Do the children basically go and cane at the saw tip?
MERIDIAN P & Z • •
APRIL 11, 1989
PAGE # 3
Garrett: I have seven sets of parents, the first arrive at 6:15, I have two that come
about the same time at 7:15, one caries at 8:10 so they are not all there at one time.
Hepper: 'T'hen you do not have six or eight cars arriving at the same time and then the
same thing at the end of the day.
Garrett: Yes, they start at about 3:30 picking up the children until 6:10:
Johnson: What are the age of your children:
Garrett: I have three two year olds and they go up to six year olds:
Johnson: I will now open the Rablic Hearing, is there anyone else fran the audience who
wishes to offer testimony on this request? There was no response, the Public Hearing was
closed:
The Motion was made by Rountree and seconded by Hepper to have the City Attorney prepare
Findings of Fact and Conclusions on this request.
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Hepper that the Findings show a
reca~mendation of approval by the City Council of this application for a Conditional
Use Permit:
Motion Carried: All Yea:
Item #2: Public Hearing: Conditional Use Permit for Trudy Hadley for Day Care:
Chairman Johnson: Is Trudy Hadley present, would you please come forward and be
sworn:
Trudy Hadley, 225 Cherry Ave., Hadley was sworn by the attorney:
Hadley: I have tended children for most of thirty years and I have been in this
area in this house for a little over 9 years. Y have never had any complaints from
my neighbors, I have never had any problems. I want to continue to do day care in
my home and I want to do it legally.
Johnson: Are there any questions or comments from the Commission.
Rountree: There has been some concern expressed about the potential problem for
safety with the swimming pool in the back yard.
Hadley: My day care children rarely go into the back yard. There is never a child
allowed in my back yard without myself or my daughter with them. It has a removable
ladder so that we remove it when we are done, it is covered with a heavy visqueen
and then I have C-clamps all the way around it so that a child cannot get into it.
Johnson: What are the ages of the children that you take care of.
Hadley: I have one that is 4 months, some two year olds and a school girl
that comes every other week. There is twelve children, but usually there is not
more than 9 at a time because some of those are part time.
Johnson: Do you have help assistance?
Hadley: I don't have hired help, but when my daughter comes home from school she
MERIDIAN P & Z
APRIL 11, 1989
PAGE #4
pitches in and helps me alot.
Johnson: We noticed that your neiyhbor at 217 Cherry signed your petition with approval,
these things she lists in numerical order of which there are eight, are those things
that you feel that she is concerned about or are those things that have been a problem
in the past?
Hadley: There was no one that refused to sign my petition. There was further discussion
on these items listed on the letter which is part of the record. (Letter on file with
these minutes)
Rountree: You mentioned that you had applied for a State Permit, did you receive that?
Hadley: Yes, I've had a license for a year.
Hepper: Is there any restricted covenants in your subdivision.
Hadley: No, I've read through them and it didn't say anything about having a home
business.
Johnson: One of the things that we did when we revised this Conditional Use
Ordinance, we being the City, the Council .was to require a copy of the covenants be
submitted with the application.
Hadley: That item was not on my list.
Johnson: This is a relativley new rule, is it on the application.
City Clerk Niemann: I think so, but she picked up her application before we passed
the ordinance.
Rountree: I'm talking about something that. we've done in the last six months, that's
not just excluding the Day Care, that affects all Conditional Uses. We are not just
singling out the Day Care.
Johnson: Right, that affects all Conditional Use Permits. It wasn't just a Day Care
Amendment it was for all Conditional Use Permits, we now want to see a copy of the
covenants because we've run into problems. we have actually made it a condition of
Ordinance that it has to meet the covenants, and that's why other applicants have had
their covenants amended so that they could have the business and have it legally.
We made it a law now we have to follow it. I think we need to look at those covenants.
How do you people feel?
Rountree: I agree, it's my recollection that they wculd preclude this activity.
Johnson: That doesn't mean it couldn't be done, it just means that you would probably
have to do what other applicants have had to do and that's get the covenants amended.
Alidjani: L want you to understand that we don't make the rules and laws, whoever made
these laws and regulations is protecting you also.
Hadley: I understood that was why I went out with the petition and had all the
neighbors sign it, wasn't it. You asked me about the covenants and I read through
that and it doesn't say anything about home business in there.
City Clerk Niemann: I'd like to ask the Attorney if we could go ahead and even have
MERIDIAN P & Z • •
APRIL 11, 1989
PAGE #5
you do Findings and then have it continued upon the covenants, if we got a copy of them
and reviewed them.
Crookston: The appropriate way to handle it would be to either continue it until a copy
of the covenants can be obtained and I can review them, or to go ahead and have the
Findings of Fact prepared and if they are in violation of the covenants our Ordinance
prohibits the Conditional Use being granted. If the day care grorpis prohibited by the
covenants then by Ordinance the City could not grant your application for Conditional
Use Permit at least until such time as the covenants were amended. If the covenants
do prohibit this and we do go ahead and do Findings of Fact the Findings of Fact
would probably reflect that it is in violation and they would recommend that approval
not be granted. If you have a continuance you would probably be better off because you would
not have to start over, you would just be delayed.
Niemann: Could we go ahead and finish the Public Hearing and then table it until the
next meeting or something or until we've had time.
Alidjani: Wouldn't that be more costly on her side.
Niemann: No, because if Wayne goes ahead and does the Findings then she's going to have
to pay for the Findings even if she's turnAd down but we could go ahead and finish the
Public Hearing and then it doesn't have to~oticed or anything we can just either table
it or continue it until we've had a chance to review the convenants.
Johnson: The Findings have to address the covenants.
Crookston: Yes
Niemann: But you could give her two months or something to get the covenants amended
and then we could so the Findings at that time. There was further discussion.
Alidjani: The reason I raise the question is that I don't want you to spend some money
for the Findings of Fact and Conclusion to have done by an attorney and then come back
to us and we say no your covenants said it is not going to happen. what I'd like to be
seeing is you find us your copy of your covenants and with knowingly chat the covenants
does allow us, so then we would ask him to draw Findings of Fact and Conclusions of Law.
Then you money is worthwhile while you are spending it.
Hadley: Do you want me to bring in a copy of the covenants tomorrow then.
Niemann: Yes, then I will give them to Wayne. we will just continue it tonight until
the next meeting. Right Wayne. Attorney, yes.
Crookston: The only emphasis that I would say in tabling any of you in the public who
are here to testify now is the time to do so before the Planning & Zoning Commission.
In the event that the Commission decides to table it don't let that influence you to not
testify because this is your opportunity to testify before the Planning & Zoning Commission.
They may table it or they may not but they haven't made that decision yet.
Johnson: This would be the only opportunity they would have to testify before the Planning
and Zoning. With this in mind lets continue the questioning.
MEICIDIAM P & Z
APRIL 11, 1989
PAGE #6
There were no further questions from the Commission. We haven't addressed the comments
like we did for the other people sc: I would like to talk to you about that for a minute.
Specifically the comments from the City Engineer and ACHD. There is nothing there to
discuss.
Rountree: You have sufficient parking for the vehicles.
Hadley: I have a driveway on both sides of my house.
Johnson: For the record we have a comment from the City Engineer that the water usage is
really less than the normal. Specifically the comment for parking is the same that was
in the other public hearing which is one parking space for each vehicle used in the
conduct of the school.
Johnson: I will now open the Public Hearing, is there anyone else from the audience
who wishes to comment on this Conditional Use Permit? Please come forward and state
your name and be sworn in by the City Attorney.
Johnson: For the record we want to enter a letter of written testimony from Irene E.
Wright, 217 W. Cherry Ave. comments on this application for Trudy Hadley.
Eva Golightly, 313 w. Cherry Ave., Golightly was sworn by the City Attorney.
Golightly: I'm Trudy neighbor and I have known her for 4z years, I feel she's a very
good neighbor and an asset to the neighborhood. whenever I pass her house there are no
children out in front playing. She's a very responsible lady, I've been into her home
and she takes care of these children very well. She's of good character to take care of
these children. It is a privilege to be her friend and neighbor.
Cheri Murray, 1502 Lowry, Murray was sworn by the City Attorney.
Murray: Trudy has babysat my children for five years now. 'Prudy has always cared for
my children lovingly and she keeps a good home and she's a very caring and my children
do love her.
Crookston: Do you see any problem with the swimming pool?
Murray: I have had some concern but I've seen the way Trudy takes care of it and she's
explaine9 the clamps, as long as that is kept up and the clamps are left on the pool then
that doesn't concern me because I know that she's very responsible.
Louise Carter, 1421 No. Meridian Rd., Carter was sworn by the City Attorney.
Carter: Trudy does babysit my 12 month old baby and she has watched her for the last three
~~ionths and she has taken wonderful care of her and I'm really impressed with how she does
make sure she's taken care of. I feel that Trudy is a responsible lady and I am really
glad she's been watching my child.
Crookston: Your feelings on the pool?
MERIDIAN P & Z • •
APRIL 11, 1989
PAGE #7
Carter: I didn't really even realize that there was a swimming pool back there and
listening to the comments tonight I know that she's responsible, she wouldn't leave
the children unattended so I really don't have a concern with that.
Carla Miller, 1427 Southside Blvd., Nampa, was sworn by the City Attorney.
Miller: Trudy has watched my boy for two years and I don't know what I would do without
her. I trust her and he loves her so much. She's very responsible and I don't think
I could find a better sitter than her. I feel very confident with leaving Trenton there
and going to works it makes it alot easier for me to work outside of the home.
Crookston: Do you have a concern with the pool?
Miller: No, because Trudy is so responsible. I've never seen anyone in the pool with-
out anything on them or her not being there.
Walter Nichols, 238 W. Cherry Ave., was sworn by the City Attorney.
Nichols: I bought the home across from her about eight months ago and I don't remember
anything about the covenants In the things I went through. I was just at her house helping
her with the swimming pool and I have been a life guard and I looked at the pool fairly
well and I feel very secure in saying it was a secure pool I don't think the children would
have any problem with being hurt by that pool. I noticed that everything was looking fine.
I have two children and I would feel very comfortable letting them go over to her house.
Crookston: Does she care for your children?
Nichols: She doesn't because my wife stays home all day long.
Hepper: Did you have any problems with traffic or trash?
Nichols: None at all. She seems to be a reliable person, so if I sent my children
over to her house I would feel very secure.
Alidjani: The type of cover they have on the pool, is it the type that they go over
and beyond tt~e edge of the pool then they have clippers that hang on the outside, or
does the cover stay within the premises of the water area.
Nichols: I noticed the clips on it and the fabric was really good. I don't remember
seeing the water on the edge of the pool.
Connie Declouse, 2662 n.w. 12th Street, was sworn by the City Attorney.
DeClouse: Trudy has been watching Tyler since he was about 4 or 5 months old. She is
the fifth person to watch Tyler, I did not trust the other people like I trust Trudy.
She is responsible and there is a secure atmosphere. I've never had trouble parking, I've
always been able to park right in front. She's a trustworthy person that I am comfortable
with and I hope that means something to the Council.
Crookston: Do you have any problems with the pool?
DeClouse: No I don't have any problems.
Johnson: Being no one else to testify I will close the Public Hearing.
Rountree: We have heard alot of positive comments relative to the swimming pool issue.
MERIDIAN P a Z • •
APRIL 11, 1989
PAGE #8
The covenant questions is a little gray and I think maybe we ought to get a copy
of that and make it a total package so that there is no question.
Alidjani: What kind of liability would the City have as the Planning & Zoning for
granting the permit such as we have in front of us tonight regarding the swimming pool
in case of an accident? Is there any law anywhere that specifies certain safety codes
for a home with a swimming pool.
Crookston: That would be more a question of licensing than the use itself that the
Department of Health and welfare would concern itself with. Certainly there is
always exposure anytime a Governmental Agency allows a particular use, but that's
more of a Licensing issue. Y can't say that there is no exposure to the City but
it's certainly less than the Department of Health & Welfare.
Johnson: I think our responsibility is to recognize that the pool is an unusual
hazzard and I think we've done that. 2 think we've asked for testimony from those
that are alot more familar with that than we are as to whether they think the pool
presents a problem.Personally I would like to see the ladder locked up somewhere because
there is a case I'm familar with where the kids got ahold of the ladder and put it up
to the pool. Also stated some concern about the cover.
Alidjani: I make a motion that we table this issue until we see a copy of the covenants.
There was some discussion about how long it would take to amend the covenants if need be.
Niemann: Councilor, could they make a motion that it be tabled until the next meeting or
if you review the covenants and find them that they don't conflict, could you go ahead
and prepare Findings.
Crookston: Yes.
Rountree: I move that we table this item until we see the covenants of the subdivision
for review and if the covenants do allow this type of activity and we have Council
prepare Findings & Facts for our next meeting, and if they do not then we will address it
at our next meeting. Hepper seconded the motion.
Motion Carried: All Yea.
Hepper made a motion to adjourn, Rountree second the motion.
Motion Carried: All Yea.
Meeting Adjourned at 8:32 p.m. (Tape on file of these proceedings)
APPROVED:
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JIM JOHN`SON~/ CHAIRMAN
ATTEST:
C NIEMANN, CI Y CLERK
9
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
PATSY GARRETT
CONDITIONAL USE PERMIT
934 E. 5TH STREET
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
April 11, 1989, at the hour of 7:30 o'clock p.m., the Petitioner
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:
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 April 11, 1989, the first
publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the April 11,
1989, hearing; that the public will be given full opportunity to
express comments and submit evidence; and that copies of all
notices were made available to newspaper, radio and television
stations;
AM BROSE,
FITZOERALD
d CROOKSTON
Atlwneya end
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MerlOlan, Itlalro
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AMBROSE,
FITZG ERALD
B CROOKBTON
Atlornaye and
Counaelora
P.O. BoM t2]
MeriEian, IEA~o
83842
Telephone BBB~NBt
2. That this property is located within the City of
Meridian and is owned by Petitioner and is described in the
application which description is incorporated herein.
3. That the property is zoned R-8 Residential, which
requires a conditional use permit for the operation of a day
care center, caring for less than 13 children, which is the use
the application requests; that such use requires a conditional
use permit in any zone where allowed.
4. That the R-8 District is described in the Zoning
Ordinance, 11-2-408 B. 2 as follows:
(R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT:
The purpose of the (R-8> District is to
permit the establishment of single and two
(2) family dwellings at a density not
exceeding eight (8) dwelling units pre 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.
5. That the day care use proposed by Applicant is an
allowed conditional use in the R-8 district if it does not
violate subdivision covenants or deed restrictions.
6. That the other property in the area is used
residentially.
7. That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission
have been given and followed.
8. That the subject property is presently used as a
residence and a day care, but without approval.
9. Traffic will not be a problem.
10. The basement area has been converted for uses as a
play area for the children being cared for. There is also a
separate area within the house that can be used for the children
when they are napping.
11. That sewer and water is already connected to the
property, but the use may require additional charges or fees.
12. The subdivision in which the property is located has
covenants and restrictions which allow only residential uses;
that the operation of a day care center is a commercial use;
that Petitioner has obtained an amendment to the covenants and
restrictions to allow the operation of a day care center caring
for not more than twelve (12) children on the subject property.
13. That the applicant has obtained the required 758 of
the signatures of owners of lots within 300 feet of the subject
property showing approval of the application.
AMBROBE,
FITZG ERAID
B CROOKSTON
Altomaya and
Counselors
D.O. Boa aZ]
McRelan, loa~o
83842
T!IlDlgne 8884481
-m
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; including obtaining the consent of 758 of the 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; and
3. That the City of Meri3ian 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 11-2-918(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
AMBROSE,
FITZG ERA~D
6 CROONSTON
ANarn,ys YlE
CounMNOn
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facts presented and the conditions of the area, the Planning and
Zoning Commission preliminarily 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 apparently would be designed
and constructed, to be harmonious in
appearance with the intended character of
the general vicinity.
d. That the use would not be hazardous nor
should it be disturbing to existing or
future neighboring uses.
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.
h. That sufficient parking for the
property and the proposed use will be
required.
i. The development and uses will not
result in the destruction, loss or damage of
a natural or scenic feature of major
importance.
AMBROSE,
FITZG ERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Boz 021
MerlElsn, ItleNo
B3BC2
TBIaPttone SSSHBI
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 ~.
COMMISSIONER HEPPER VOTED `"
COMMISSIONER ROUNTREE VOTED "+E: j,'-lJ~
COMMISSIONER SHEARER VOTED Y
COMMISSIONER ALIDJANZ VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
DECISION AND RECOMMENDATION
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AMOROSE,
FITZG ERALD
6 CROOKSTON
Atlornaye and
Counselors
P.O. Boy d2]
MeriClan, IESeo
83862
TelepNOne 888~dd87
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 and that the property be required to meet the water and
sewer requirements, the fire and life safety codes, and the
Uniform Building Code, and other Ordinances of the City of
Meridian.
MOTION:
APPROVED: ~'
DISAPPROVED:
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
TRUDY HADLEY
CONDITIONAL USE PERMIT
225 CHERRY AVENUE
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
April 11, 1989, at the hour of 7:3U o'clock p.m. and continued
to May 9, 1989, the Petitioner 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:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional
AMBROSE,
FITZGERALD
B CROOKSTON
Attorneys and
Counaelom
P.O. Bov 1P7
MeflG18n, IEeNo
83811
TeleD~one 8881181
Use Permit was published for two (2) consecutive weeks prior to
the said public hearing scheduled for April 11, 1989, the first
publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the April 11,
1989, hearing; that the matter was tabled at the April 11, 1989
meeting until May 9, 1989, and on May 9, 1989, duly brought from
the table for consideration; that the public was given full
opportunity to express comments and submit evidence; and that
copies of all notices were made available to newspaper, radio
and television stations;
2. That this property is located within the City of
Meridian and is owned by Petitioner and is described in the
application which description is incorporated herein.
3. That the property is zoned R-4 Residential, which
requires a conditional use permit for the operation of a day
care center, caring for less than 13 children, which is the use
the application requests; that such use requires a conditional
use permit in any zone where allowed.
4. That the R-4 District is described in the Zoning
Ordinance, 11-2-408 B. 1 as follows:
(R-4) LOW DENSITY RESIDENTIAL DISTRICT:
The purpose of the (R-4) District is to
permit the establishment of low density
single-family dwellings, and to delineate
those areas where predominately residential
development has, or is likely to occur in
accord with the Comprehensive Plan of the
City, and to protect the integrity of
residential areas by prohibiting the
intrusion of incompatible non-residential
uses. The (R-4) District allows for a
maximum of four (4) dwelling units per acre
and requires connection to the Municipal
Water and Sewer systems of the City of
Meridian.
5. That the day care use proposed by Applicant is an
AMRROSE,
FITZG ERALD
S CROOKSTON
Allomeya and
Counaelora
P.O. Bo. a9
Maridlsn, Idaho
838,]
Telephone BB&aa81
allowed conditional use in the R-4 district if it does not
violate subdivision covenants or deed restrictions.
6. That the other property in the area is used
residentially.
7, That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission
have been given and followed.
8. That the subject property is presently used as a
residence and a day care,
9. Traffic will not be a problem.
10. That the Petitioner has a swimming pool in the
backyard of the subject property; that there were comments
submitted regarding the safety of allowing day care where a
swimming pool is located; that there are no Ordinance provisions
prohibiting the operation of a day care facility where there is
also located a swimming pool; that Petitioner testified that
there are never any children allowed in the backyard without
either herself being present or her daughter, who apparently is
in high school; Petitioner testified the pool is an above ground
pool and has a removable ladder which when removed prevents
access into the pool; she further testified that the pool "is
covered with a heavy visqueen cover and then Z have C-clamps all
AM BROSE.
FITZGERALD
b CROOKSTON
Attorneys an0
COUna9loro
P.O. Box ax]
Merldlan, ItlMo
&98a2
Teleplane BB&aael
the way around it so that a child cannot get into it"; that
there were neighbors and parents who have their children in
Petitioner's day care facility who testified they had no safety
concern over the pool as long as it was maintained as explained
by the Petitioner and some who testified they had no safety
concern at all with the pool.
11. That there was also written comment submitted
regarding the cleanliness and sanitary condition of the subject
property.
12. That sewer and water is already connected to the
property, but the use may require additional charges or fees.
13. The subdivision in which the property is located has
covenants and restrictions which allow only residential uses;
that the operation of a day care center is a commercial use;
that Petitioner has obtained an amendment to the covenants and
restrictions to allow the operation of a day care center caring
for not more than twelve (12) children on the subject property.
14. That the applicant has obtained the required 75$ of
the signatures of owners of lots within 300 feet of the subject
property showing approval of the application.
15. That the Petitioner testified that she holds a day
care facility license from the State of Idaho.
AM BROSE,
FITZGERALO
B CROOKSTON
AUOrneya entl
Coun981ore
P.O. Box 6Z]
Meritlien, ItlNo
83862
T9laplwne 888-p81
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 including obtaining the consent of 75~ of the 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; and
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 Commission's concern over the pool is
somewhat alleviated in that such is a licensing question for the
State of Idaho and not a zoning problem for the City of
Meridian; however, even in light of the safety of the pool being
a licensing question rather than a zoning issue, it is felt that
AM BROSE,
FIRGERALD
6 OROOKSTON
Altorneye ane
COUOBeIOIe
P.O. BOX ~Zl
MeriEian, IAMo
8362
TelepMne BB8 a/8t
~i
some restrictions and conditions are appropriate in the interest
of the health and safety of the children cared for by the
Petitioner; therefore the following conditions for the issuance
and maintenance of the conditional use permit shall apply during
all hours of operation of the day care facility:
1. No children cared for by the Petitioner shall be
allowed in the backyard unaccompanied by an adult;
2. That the ladder shall not be on the swimming
pool and the ladder shall be locked away such that the
children cared for cannot gain access to the ladder;
3. That in the event the children cared for at
Petitioner's day care facility are allowed to use the
pool, the Petitioner, another parent, or another adult
who can swim must be present at the pool itself and
before any child is allowed to use the pool that
child's parent or guardian must have signed a consent
that his or her child be able to use the pool and the
parent or guardian releases the City of Meridian from
all liability and agrees to hold the City of Meridian
harmless from all liability and damages, whatsoever.
4. As an additional condition the subject property
must be kept free of debris and in a sanitary
condition, including the pool.
5, That 11-2-418(C) of the Revised and Compiled
AM BROSE,
FITZGERALO
B CROOKSTON
Attorneys antl
Counselors
P.O. Box ART
Meddlan, IdeNo
87842
Telephone 8B8-N81
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 preliminarily 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 apparently would be designed
and constructed, to be harmonious in
appearance with the intended character of
the general vicinity.
d. That if the conditions are met the use
would not be hazardous nor should it be
disturbing to existing or future neighboring
uses.
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.
h. That sufficient parking for the
property and the proposed use will be
required.
i. The development and uses will not
result in the destruction, loss or damage of
AMBROSE,
F1T2GERALO
B OROOKSTON
Atlomeys antl
Counselors
P.O. Box OZ]
Meridian, IdeAo
83801
Te1sPNOne 88&U81
..
a natural or scenic feature of major
importance.
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
COMMISSIONER HEPPER VOTED Y
COMMISSIONER ROUNTREE VOTED ~ ~ ~ r,/~ i/
COMMISSIONER SHEARER VOTED ~';~
COMMISSIONER ALIDJANI VOTED Y
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
DECISION AND RECOMMENDATION
AMBROSE,
FITZGERALD
S CROOKSTON
Attorneys and
Gounsalors
P.O. Box aYT
MerlOisn, IOSNo
B3NY
aeoOOne BBBd~81
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 and that the property be required to meet the water and
sewer requirements, the fire and life safety codes, and the
Uniform Building Code, and other Ordinances of the City of
Meridian.
MOTION:
APPROVED: ~>C
DISAPPROVED:
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