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PUBLIC HEARING COMMENT SHEET
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NAME OF CASE BEING HEARD: e. ,,
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BEFORE THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL,IDAHO
IN THE MATTER OF THE APPLICATION OF ) CASE NO. SUP-43-98,COURSE
CALDWELL TRANSPORTATION COMPANY ) OF PROCEEDINGS, GENERAL
FOR A SPECIAL USE PERMIT TO OPERATE ) FACTS,TESTIMONY,APPLICABLE
A GROUP DAY CARE CENTER ) LEGAL STANDARDS,FINDINGS OF
FACT, COMPREHENSIVE PLAN
ANALYSIS, CONCLUSIONS OF LAW,
AND ORDER OF DECISION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on
application SUP-43-98 was held on September 10, 1998. Public notice requirements set forth in
Idaho Code, Chapter 65, Local Planning Act, were met. On August 10, 1998, notice was
published in the Idaho Press Tribune; on August 7, 1998, notice was mailed to all property
owners within 300 feet of the project site and to all political subdivisions serving the site; on
August 20, 1998,notice was posted on the site.
1.2 Files and exhibits relative to this application are available for review in the Community
Development Department and were available for review at the hearing.
II GENERAL FACTS
2.1 APPLICANT(S): Patricia Uhl, Caldwell Transportation Company, Inc., 3503 S. 10th, Caldwell,
ID., 83605
2.2 OWNER(S): Ernest Keller,Jr.,4472 Gallant Green Rd.,Waldorf,MD.,20601
2.3 REQUEST: The Applicants request approval of a special use permit for a Group Day Care
Facility to provide child care services for company employees. The Applicants' narrative notes
that they would like to offer employee child care during the time drivers are working. Drivers are
paying regular full time day care while only working part time. Day care providers charge for a
full day. At present,Applicants would have a total of 6—7 children using this service. Being able
to advertise on-site day care should enhance their hiring of competent school bus drivers. The
new office facility will be delivered in August and will have adequate space. The company will
employ a person strictly for day care and provide supervised indoor activities. Providing this
service will enable Caldwell Transportation Company to hire competent people to transport
young people to and from school.
PE-2-
2.3.1 Section 10-02-02, Table 1, Land Use Schedule was amended by adding Group Day Care Facility
as a special use in R-1 zones.
2.3.2 Section 10-03-11, Definitions, Zoning Ordinance No. 1451, defines Group Day Care Facility as
"A facility which provides care, service and supervision for at least seven but not more than 12
children at one time, who do not normally reside in the home; provided, that such facility is
licensed by the State and conducted in accordance with City and State requirements."
2.3.3 Section 10-02-10, Child Care Facilities, sets forth specific requirements for child care facilities.
The following requirements apply to Group Day Care Facilities:
1) Obtain all State licenses prior to conducting business. The Applicants noted in
their narrative that applicable State licenses will be obtained prior to conducting
operating their business.
2) Provide off-street parking of one space for each employee; provide an area
sufficient to drop-off/pick-up children. Drop-off/pick-up is not allowed on collector or
arterial streets(Cleveland Boulevard is classified as a principal arterial). The Applicants
propose providing one off-street parking space per each employee (2 employees),
said space to be within an existing garage. The drop-off/pick-up area is proposed to
be in the rear of the lot and is accessed by an alley.
3) No structural alterations to a residential building are allowed which would result
in changing the exterior residential character of the building. The Applicants do not
propose altering the exterior residential character of the building. The residential
structure will not be used as a dwelling unit, but is intended to house only the day
care facility.
4) As a condition of approval, the P&Z shall establish the maximum number of
children allowed. The Applicants propose to provide services to no more than 12
children at any time.
5) Landscaping, additional setbacks, walls or fences may be considered and
required by the P&Z as a part of the permit. The Applicants propose installing a 6-foot
high fence. The fence is proposed to be solid, sight-obscuring, and constructed of
substantial, rigid material without a pattern of holes, cavities, breaks, or openings
greater than one inch in width or diameter. The proposed fence must meet the
City's requirements for placement of a fence,which means that the fence cannot be
located within the 20-foot front yard setback area.
6) No outdoor activities shall be allowed before 7:30 a.m. or 0.5 hours after sunset.
The Applicants propose to meet this requirement. Hours of operation of the facility
are proposed from 7:00 a.m.to 6:00 p.m.,Monday through Friday.
7) A minimum of 35 square feet of net indoor floor area per child is to be provided.
The Applicants' floor-plan indicates that there is 1458 square feet of indoor space
available, which exceeds the requirements for 12 children (12 x 35 = 456 square
feet).
8) A minimum of 70 square feet of outside play are per child is to be provided. The
Applicants' floor plan identifies the outdoor play area as having 2052 square feet,
which exceeds the requirements for 12 children(12 x 70=840 square feet).
9) No play equipment or play structures shall be allowed in the front yard or within
ten feet of the side or rear lot lines. No play equipment is proposed to be placed in the
front yard or within 10 feet of the sides or rear lot lines.
10) Facilities are required to comply with all applicable ADA requirements. The
Applicants propose complying with all ADA requirements.
2.4 LOCATION: 3503 S. 10`h Avenue.
2.5 NATURAL RESOURCES AND HAZARDOUS AREAS: The property is not within the near
vicinity of the Boise River or Indian Creek and is not within a flood plain.
2.6 LAND USE: The project site is zoned R-1, Single-Family Residential.
2.6.1 Section 10-02-02, Table 1, Land Use Schedule, permits Group Day Care Facilities by special use
permit in R-1 zones.
2.7 COMPREHENSIVE PLAN DESIGNATION: Residential.
2.9 AREA OF CITY IMPACT: The project site is not within the Area of City Impact.
2.10 PUBLIC FACILITIES:
2.11 Schools —Notice of the request was sent to Caldwell and Vallivue School Districts on August 7,
1998.
2.11.1 Fire Protection-The City's Fire Marshal was notified by mail on August 7, 1998.
2.11.2 Utilities-Water/Sewer-The site is served by City utilities.
2.11.3 Stormwater—No new construction is proposed;therefore,no stormwater plans are required.
2.12 TRANSPORTATION: The site of the proposed use faces a parking lot; drop-off will be in front
of the office facility and will not be off any street.
2.13 PARKS, RECREATION AND OPEN SPACE: Parks, recreation and open spaces are not
proposed.
2.14 HISTORIC AREAS: This site is not within the City's Area of Historic Significance.
2.15 HOUSING: The proposed use is to be located in an office building.
2.16 COMMUNITY DESIGN: The site has existing shrubbery and trees. South 10`h Avenue is a minor
arterial.
III TESTIMONY
3.1 Bud Knickerbocker presented the staff report, and Exhibit PZ-1000 a copy of an assessors map
showing the location of the site.
3.2 Patricia Uhl's testimony was as follows: wants to provide this service to drivers so they could get
good employees; day care would be provided during the time drivers are on their routes,normally
1.5 hours in the morning and 2 hours in the afternoon; the building is 24 X 50 and includes one
large conference room plus a drivers' area and these areas are vacant while the drivers are out; the
only other area in use is a small office; the restrooms are handicapped accessible; the office can
communicate by two-way radio with drivers while they are on their runs; drivers have had
problems with daycare because of their irregular work schedules, which in turn is a financial
hardship to them; only children of the drivers will be accepted for daycare.
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell 1977 Comprehensive Plan, as amended.
4.2 City of Caldwell Zoning Ordinance No. 1451,as amended.
4.3 Idaho Code, Chapter 65,Local Planning Act
V COMPREHENSIVE PLAN ANALYSIS
5.1 The proposed project is in compliance with the Comprehensive Plan as follows:
5.2 Residential Categories—Policy 12.
VI FINDINGS OF FACT
6.1 The Planning and Zoning Commission members accept the general facts and testimony as
findings of fact.
VII CONCLUSIONS OF LAW
7.1 The Planning and Zoning Commission has the authority to hear this case and to approve or deny;
public notice requirements were met; the hearing was conducted within the guidelines of Idaho
Code and City ordinances.
VIII ORDER OF DECISION
8.1 Based on these Findings of Fact and Conclusions of Law, and for the reasons stated,the Planning
and Zoning Commission of Caldwell, Idaho, orders that Case No. SUP-43-98 (Caldwell
Transportation Company), a request by Patricia Uhl for approval of a special use permit for a
Group Day Care Facility to provide child care services for company drivers be approved subject
to the following conditions:
8.2 The specific terms and conditions placed on this Special Use Permit shall run with the land and
remain valid upon a change of ownership, or until such time that the Permit may be revoked,
become invalid, or replaced with another approved use. The Special Use Permit is not
transferable from the approved site to another site.
8.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with
all conditions placed upon this Special Use Permit.
8.4 No changes in the conditions and terms of this Special Use Permit, as approved, shall be
undertaken by the Applicant, or future assigns having an interest in the subject property, until the
Community Development Director has reviewed the proposed changes and approval for
amendment has been granted through the public hearing process.
8.5 Any violation of the terms and conditions of this Special Use Permit by the Applicant, or future
assigns having an interest in the subject property, will be deemed a misdemeanor and subject to
the provisions set forth in Idaho Code, 18-113. Each day's continued violation will be deemed a
separate offense.
8.6 All required permits shall be approved prior to operation of the Day Care Center commencing.
Copies of all permits shall be provided to the Community Development Department and made a
part of the case file.
8.7 The Applicant, or future assigns having an interest in the subject property, shall include a clause
in the day-care rules,that no loading or unloading of children from vehicles shall be permitted on
S.10t Avenue.
8.8 This Special Use Permit shall become null and void if the use has not commenced within six
months from the signing of the Order of Decision, or an extension of six months has been granted
by the Community Development Director.
8.9 The child care center will provide care for no more than 12 children at any time and child care
will be provided for company drivers only.
THE PLANNING AND ZONING COMMISSION AT A PUBLIC HEARING HELD SEPTEMBER 10,
1998 APPROVED FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION.
WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW WERE APPROVED BY THE
PLANNING AND ZONING COMMISSION AT A MEETING HELD SEPTEMBER?' 1998.
-., �
William Roos, Chairman ATTEST:
arles Murphy,Vice-Chairman Community Deve1•ile Director
CALDWELL PLANNING AND ZONING COMMISSION
MINUTES OF SEPTEMBER 24, 1998
Call to Order-Chairman Bill Roos called the meeting to order at 7:00 p.m.
II. Roll Call
Members Present: William Roos,Charles Murphy,Reed Taylor, Janie Archuleta
Staff Present: Linda James,Bud Knickerbocker,Marci Perry
Legal Counsel: Terry Michaelson
III. Review of Proceedings-Chairman Roos reviewed the procedures for public hearings.
IV. Poll Members for Conflict of Interest-Chairman Roos polled members for conflicts of
interest: there were none.
V. Old Business—
A. Approve Minutes of September 10, 1998 — Motion: Commissioner Murphy.
Second: Commissioner Taylor. Approve as written. Passed: Unanimous voice
vote.
B. Approve Orders of Decision for the Following Cases: Case No. SUP-43-98 (CA
Transportation/Child Care); SUP-44-98 (Yvonne Patrick). Motion: Commissioner
Murphy. Second: Commissioner Taylor. Approve as written. Passed: Unanimous
voice vote.
C. Approve Recommendation on the Following Case: Case No. ANN/ZON-1-98
(Lucille Grant). Motion: Commissioner Taylor. Second: Commissioner Murphy.
Approve the recommendation for the referenced case as written. Passed: Unanimous
voice vote.
VI. New Business-Hearings
A. Case No. SUP-45-98, a request by Karla Bull to operate a Child Care Center in
an existing building located in a C-2 zone. The building is located at the
southwest corner of the intersection of Elgin and 9th Street and is more
commonly known as 522 N. 9th Street.
Testimony—
Bud Knickerbocker presented the staff report, and Exhibit PZ-1000 a copy of an
Assessor's map, showing the location of the site with surrounding zoning.
Larry Bull,Applicant's representative,testified in support and noted that the facility was
in compliance with ADA requirements.
VI Discussion on Planning Issues
1. Manufactured Home Ordinance—Members reviewed proposed changes to OA-18-98
and approved the changes (a copy of the proposed changes in a part of case file OA-
18A-98). Linda James noted that the hearing on the ordinance would be set for
October 22, 1998.
VII Adjournment-Chairman Roos adjourned the meeting at approximately 11:20 p.m.
THESE MINUTES APPROVED AT A REGULARLY SCHEDULED MEETING HELD
OCTOBER 22, 1998.
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ATTEST:
William Roos, Chairman
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