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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: rt ~~ -, L-. ~ r,. ~ ! ~- 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 Coonaebra R.o. Boa azT MerlOlan, Itlalro 8Jea2 TeleONORe BBB MBI ,;~ 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 0.O. eoa AZT MMOMn, IOMro &T612 er~plgnlpN~{Ml 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 \'~~ ~h 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: ~ + I • ~~~~;~`/ 'ion ~ ~' . G a..,..~ le,....., a,,,,, ~ 17 ~e.S-r Gharr/ ~/C.. ~=~ P,: t s," 15g~ 1C 0. •. ~1e6t C..-,A~ YP, \1 3Q~~y S •~...-_~ Y¢(.1 (."'F..~ n ~~ t ~ ~~ o.r"~ Off" .S hC. ~ Fc, a c rvCJ wa~'~..+.'t~`/ 5 c v...~ ~ .... of ~,,,.. -~ v .-. -( \. ` ~r o l (o ,..~ , ,--• q ~ 1 1 (, ~) T h WZ ~ h ~ 1~w1L ~V yv, d V T ~..~~ G Z G~^.-~ 1 ~ r, W' e.`S ~ l .C'C..q v ~ rei ... ~ +w~.'~ S T'o~ CLV~w` ~u~. 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