HomeMy WebLinkAboutAUP 15-00504lX4� 1 CITY OF MERIDIAN COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
l/DATE: May 12, 2015
TO: Caleb Hood, Planning Division Managers
FROM: C.Jay Coles, Assistant City Planner
CC: Marcy Marshall
SUBJECT: AUP-15-005
Family Day Care Facility for Six or Fewer Children
STAFF RECOMMENDATION
Staff recommends approval of the accessory use permit for a family day care facility for six or fewer
children located at 2974 W Divide Creek Drive for Marcy Marshall, subject to the conditions outlined
below:
APPLICATION SUMMARY
The applicant, Marcy Marshall, has requested approval to operate a family day care facility for six or
fewer children out of her home located at 2974 W Divide Creek Drive, Meridian, Idaho.
LOCATION
The property is located at 2974 W Divide Creek Drive.
APPLICABLE CODE
The property is zoned R-8, which allows for a family day care facility with written approval from the
Community Development Director.
Section 11-4-3-9 of the Unified Development Code (UDC) for the City of Meridian lists specific criteria
for day care facilities that serve children:
1. In determining the type of day care facility, the total number of clients cared for during the day
including the operator's children, and not the number of clients at the facility at one time, is the
determining factor.
2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge
and pickup of clients.
3. The decision-making body shall specify the maximum number of allowable clients and hours of
operation as conditions of approval.
4. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be
between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a
Conditional Use Permit.
5. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non -scalable
fence to secure against exit(entry by small children and to screen abutting properties. The
fencing material shall meet the swimming pool fence requirements of the Building Code in
accord with Title 10 of the Meridian City Municipal Code.
6. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any
required yard.
7. Outdoor play areas in residential districts adjacent to an existing residence shall not be used
after dusk.
AUP-15-005 Marcy Marshall PAGE 1
CITY OF MERIDIAN COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
8. In no way shall the family day care cause the premises to differ from its residential character in
appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical
interference.
9. Off-street parking shall be provided as set forth in Section 11-3C-6 of this Title, in addition to
the required off-street parking for the dwelling.
AUP-15-005 Marcy Marshall PAGE 2
E IDIAN
May 12, 2015
Marcy Marshall
2974 W Divide Creek Drive
Meridian, ID 83646
RE: Marshall In-home Family Daycare (AUP-15-005)
Dear Ms. Marshall:
Mayor Tammy de Weerd
City Council Members:
Keith Bird Joe Bonen
Luke Cavener Genesis Milam
Charlie Rountree David Zaremba
This letter is to confirm that the Director approved the accessory use permit application for a
family daycare for six (6) or fewer children out of your home located at 2974 W Divide Creek
Drive.
Your approval of the subject application is conditioned upon compliance with the Daycare
Facility standards listed in Unified Development Code (UDC) 11-4-3-9, including but not
limited to, the following ongoing conditions:
1. The maximum number of children cared for at the facility at any one time is six (6),
including the applicant's own children.
2. The applicant shall maintain the approved on-site vehicle pickup, parking and turnaround
areas.
3. The operation of the daycare shall be limited to the hours between 6:00 a.m, and 11:00
p.m. This standard may be modified through approval of a conditional use permit.
4. The applicant shall maintain the approved design of the outdoor play area(s).
5. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non -
scalable fences to secure against exit/entry by small children and to screen abutting
properties. The fencing material shall meet the swimming pool fence requirements of the
Building Code in accord with Title 10 of the Meridian City Municipal Code.
6. Outdoor play equipment over six feet (6') high shall not be located in a front yard or
within any required yard. Per UDC 11 -IA -1, a required yard is an area that extends
along a property line to a depth or width specified in the setback regulations for the
zoning district in which the property is located. Dimensional standards for residential
Community Development Department . 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org
Page 2
districts are located in UDC 11-2A and may be obtained through the following link.-
hyp:11Www.sterlingcodifers comlcodebook/index hp?book id=306.
7. Outdoor play areas in residential districts adjacent to an existing residence shall not be
used after dusk.
8. In no way shall the family day care cause the premises to differ from its residential
character in appearance, lighting, signs, or in the emission of noise, fumes, odor,
vibrations, or electrical interference.
If you fail to maintain compliance with the above standards or limitations your approval may be
revoked or modified by City Council in accord with UDC 11-1-I ID.
The Applicant, Director, or a Party of Record may request City Council review of a decision of
the Director. All requests for review shall be filed in writing with the Planning Division of the
Community Development Department on or before May 27, 2015, within fifteen (15) days after
the written decision is issued, and contain the information listed in UDC 11 -5A -6B,
If City Council review of the decision is not requested, the action of the Director represents a
final decision on a land use application. You have the right to request a regulatory taking
analysis under Idaho Code 67-8003.
Thank you for contributing to the success of Meridian. Please help us serve you better in the
future. Visit our web -site at www.meridiancity.org/Planning/ to fill out a comment card and give us
feedback on how we are doing.
Sincerely,
I�
l , �
Caleb Hood, AICP
Planning Division Manager
CH:cc
Community Development Department . 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org
E IDIAN--
jDAHO
May 12, 2015
Mayor Tammy de Weerd
City Council Members:
Keith Bird Joe Borton
Luke Cavener Genesis Milam
Charlie Rountree David Zaremba
RE: Notice of approval for the operation of a Family Daycare for six or fewer children located
at 2974 W Divide Creek Drive.
The Meridian Planning Division has reviewed an application to operate an in-home family day
care located at 2974 W Divide Creek Drive. Based on the review and inspection conducted May
12, 2015, we find that the application complies with the Unified Development Code (UDC) Title
11, Chapter 4, Section 3-9. UDC 11-4-3-9 is available for review at:
hllp://www.sterlingcodifiers.cdm/codebooklindex.php?book id=306.
The applicant, Director, or a party of record may appeal this decision or a condition of approval
by requesting City Council review of this decision within fifteen days after the written decision
is issued. All requests shall be filed in writing with the Planning Department no later than May
27, 2015, within 15 days of the date of this letter, and shall comply with the provisions of UDC
11-5A-613. The application for City Council Review is available on our website at
www.merdiancity.org, or upon request from this office. For additional information about this
decision or about your right to appeal, please contact this office at 884-5533.
Sincerely,
'U
Caleb Hood, AICP
Planning Division Manager
CH:cc
Enc.
Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org
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Planning Division
DEVELOPMENT REVIEW APPLICATION
STAFF USE ONLY:
Project name:
File number(s):
Assigned Planner:L'• . 0 0 Related files:
��..
of Review
all that
a Accessory Use
❑ Administrative Design Review
❑ Alternative Compliance
❑ Annexation and Zoning
❑ Certificate of Zoning Compliance
❑ Comprehensive Plan Map Amendment
❑ Comprehensive Plan Text Amendment
❑ Conditional Use Permit
❑ Conditional Use Modification
Director/Commission (circle one)
❑ Development Agreement Modification
❑ Final Plat
❑ Final Plat Modification
Applicant name:
Applicant addre:
City:
Applicant's interest in property: ❑
Owner name:
Owner address:
City:
❑ Preliminary Plat
❑ Private Street
❑ Property Boundary Adjustment
❑ Rezone
❑ Short Plat
❑ Time Extension:
Director/ Commission/Council (circle one)
❑ UDC Text Amendment
❑ Vacation:
Director/ Council (circle one)
❑ Variance
❑ Other
Phone: /0,1 �06
Email: �, L d7f State: �, Zip: `�
Rent ❑ Optioned ❑ Other
Email:
State:
Phone:
Firm name: AM Phone: h
Owner address: q5D 6 t✓ Email:
City: t State: Zi p:
Primary contact is: XApplicant ❑ Owner Agent/Contact
Subiect Property information
Location/street address:1 / ownship,0,-)-15-
r�ange, section: �✓y I (A)
Assessor's parcel number(s): b�D /od Total acreage: U )-1Zoning district: 6—F
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste, 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www rocridiancity.org[planning
1- (Rev. 06/]2/2014)
STANDARDS FOR DAYCARE FACILITIES
STATEMENT OF COMPLIANCE
UDC 11-4-3.9: Daycare Facility
A. General standards for all child daycare and adult care uses, including the classifications of daycare center;
daycare, family; and daycare, group:
1. In determining the type of daycare facility, the total number of children at the facility atone time,
including the operator's children, is the determining factor.
2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and
pickup of clients.
3. The decision-making body shall specify the maximum number of allowable clients and hours of
operation as conditions of approval.
4. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between
6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit.
B. Additional standards for daycare facilities that serve children:
1. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non -scalable fence to
secure against exit/entry by small children and to screen abutting properties.
2. Outdoor play equipment over six feet (6) high shall not be located in a front yard or within any required
yard.
3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk.
C. Additional standards for family daycare facilities conducted as home occupations:
1. In no way shall the family daycare cause the premises to differ from its residential character in
appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical interference.
2. Off street parking shall be provided asset forth in section 11-3C-6 of this title, in addition to the required
off street parking for the dwelling.
Certification:
I have read and understand the above standards for operation of a daycare facility and certify that I will conduct my
business in accordance with these standards. Ifl cannot meet these standards, I am not allowed this accessory use.
Applicant's Signature: Date:
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884.5533 Fax: 208-888-6854 www.meridianoily.oraJnlanning
STANDARDS FOR HOME OCCUPATIONS
STATEMENT OF COMPLIANCE
UDC 11-4-3.21: Home Occupation: The following standards apply to all home occupation uses with the exception
that strict adherence to the standards contained in sections 11-4-3.21B, 11-4-3.210, 11-4-3.21E, and 11-4-3.21F in
the TN -C and TN -R Districts is not required:
A. in no way shall the home occupation cause the premises to differ from its residential character in the
appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference.
B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent
(25%) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods
associated with the home occupation. Materials may be stored in an attached garage or storage area,
provided it shall not reduce the required off-street parking below the standard established for that district.
C. No activity connected to the home occupation or any storage of goods, materials, or products connected
with a home occupation shall be allowed in any detached accessory structure.
D. (Rep. by Ord. 07-1325,7-10-2007).
E. The home occupation shall not have more than two (2) out -going pickups per day from a common carrier.
F. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one (1)
nonresident employee shall be permitted.
G. The home occupation shall not serve as a headquarters or main office where employees come to the site
and are dispatched to other locations.
H. No retail sales shall be permitted from the dwelling except the sale of 1) services or items produced or
fabricated on the premises as a result of the home occupation; or 2) products secondarily related to the
personal service aspect of the home occupation; or 3) products sold online that are delivered to customers
by mail.
1. Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the required off-street
parking for the dwelling.
J. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m.
K. The home occupation shall only be allowed as an accessory use to an allowed residential use.
Certification-
] have read and understand the above standards for the operation of a home occupation and certify that I will
conduct my business in accordance with these standards. If I cannot meet these standards, I am not allowed this
accessory use. /J
Applicant's Signature: �' C�7% °'L�� ` Date:
Community Development ■ Pla ing Division ■ 3L Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/plamin
�E IDIAN�--
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Planning Division
ACCESSORY USE ■ Application Checklist
All applications are required to contain one copy of the following:
Applicant
Description
Completed and signed Development Review Application
Narrative fully describing the proposed request
Recorded warranty deed for the subject property
Affidavit of Legal interest signed and notarized by the property owner (if owner is a corporation,
submit acopy of the Articles oflnemporadian or other evidence to show that the person signing ism authorizeda ent)\-
0
Neighborhood meeting sign -in sheet (Applicants are required to hold a neighborhood meeting to provide
an opportunity forpublic review of the proposed project prior to the submittal of anapplication)
1- /
Scaled vicinity map showing the location of the subject property (can be obtained from the
Planning Division
Dimensioned site plan showing the boundaries of the property, floor plan of house, area
intended for accessory use, and parking and yard areas
Fee
Additional Requirements for Dapare Applications
Include the following additional information in the narrative:
➢ The total number of children proposed to be cared for during the da
➢ Total number of employees
-_
Include fencing details on the site plan location and type of fence
Standards for Da care Facilities, Statement of Compliance form signed by applicant
AdMinaM uirements for Home Occupation Applications
Standards for Home Occupations, Statement of Compliance form signed by ap licant
FAN
APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED.
Community Development . Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 vvww.meridiancity ore/olarming
(05/2-1/2014)
Project/subdivision name:
General
mfifCT&//
Proposed zoning district(s):
Acres of each zone proposed: n f / fj-
Type of use proposed (check all that apply):
❑ Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial L (Other
Who will own & maintain the pressurized irrigation system in this development?
n /
Which irrigation district does this property lie within?
Primary irrigation source: Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is
Residential
Number of residential units:
Number of common lots:
Proposed number of dwelling units (for multi -family d
1 bedroom: 2-3 bedrooms:
Minimum square footage of structure (excl.
Minimum property size (s.f):
Gross density (Per UDC I1 -1A-1
Acreage of qualified
Type and calculation
Number of building lots:
Number of other lots:
of qualified open space provided in acres
Amenities provided with this development (if applicable):
Type of dwelling(s) proposed: ❑ Single-family Detached ❑
❑ Duplex ❑ Multi -family ❑ Vertically Integrate ❑
Non-residential Prc
�r
only):
_e bedrooms:
Maximum building height:
Average property size (s.f.):
isity (Per UDC I1 -1A-1):
e of qualified open space:
kUDC 11 -3G -3B):
Attached ❑ Townhouse
Number of building lots:A �; A Common lots: &L Other
Gross floor area proposed: /" /7— / Existing (if applicable): f/ Q
Hours of operation (days and hours): �—� (!/� �� Building height: _
Total number of parking spaces provided: _ Number of compact spaces provided:
Print applicant name:
Applicant signature: _
Date:
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste, 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.orWplanning.
-2- (Rev. 06/1212014)
0 1311,5-
to
3/lS
to SYN
t
ADS. 0MMODA 1 ION
RECORDING
For value received,
ADA COUNTY RECORDER Christopher D. Rich 2014-062586
BOISE IDAHO Pgs=2 VICTORIA BAILEY 08/04/2014 02:15 PM
TITLEONE BOISE $13.00
Quitclaim Deed
Gregory H Smith and Renee L Smith , husband and wife
Does hereby convey, release, remise, and forever quit claim unto
THE SMITH FAMILY TRUST, dated February 15,2001, Gregory Hazelwood Smith
and Renee Lewis Smith, Co -Trustees
whose current address is , 35645 Abelia Street, Murrieta, CA 92562
the following described promises:
Lot 17 in Block 6 of Verona Subdivision No. 2, according to the official plat thereof, filed in
Book 91 of Plats at Page(s) 10743 and 10744, official records of Ada County, Idaho
To have and to hold the said premises, unto the said grantees, heirs and assigns forever.
Date: Zzi /i'e/
t
Gregory H.
( Z'
Renee/L. Smith
State of Y / ountyof RIMA S i d ss.
On this -ZVhdayOf'j'U1q In the year of 2-014 before me, the undersi ned, a
Notary Public in and for said State, personally appeared-(gM!tri v , 4 4 - F R? h CP. L • �M 1+11
known or identified to me to be the person(s) whose name( )4s subs6ribed to the within instrument and
acknowledged to me that hokke/they executed the same.
Notary Public
ReNiKa dt Mu U6j2
My Commission Expires: 2 -
(seal)
5r@ALEJANDRA VIVAS;
COMM. * 2062249
(�NOTARY PUBLIC-CALIFORNIAiti
RIVERSIDECOUNTY O
OMM. EXPIRES MARCH 24, 2012
ACKNOWLEDGMENT
State of California
County of RIVERSIDE
On.TI)114 Lo4_"142_01 q before me, ALEJANDRA VIVAS, NOTARY PUBLIC
(insert name and title of the officer)
personally appearedCiao" ti P\" Vk ') r Y
who proved to me on the basi0f satistfictory evidence to be th person(s) whose name(s)as/are
subscribed to the within instrument and acknowledged to me that-gelahe/they executed the same in
hisH*er/their authorized capacity(ies), and that by lei wftheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
r ALEJANDRA VIVAS3
COMM. # 2032249
Q .r NOTARY PUBLIC -CALIFORNIA
RIVERSIDE COUNTY 0
__e,. COMIC EXPIRES MARCH 24,2018,
1WR
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 3.00 1
IOIIE IDAHO 07112/07 01:21 PM
DEPUTY BonnieO0er0i100 11111IIIIIIIIII'IIIIIIII'll'III��IIII
REWROED-REQUEST OF 107099098
Tille One
Order No.: A0767736—y'f
WARRANTY DEED
FOR VALUE RECEIVED,
Myma A. Hall, An Unmarried Woman,
the Grantor, does hereby grant, bargain sell and convey unto
Gregory H Smith and Renee L Smith, husband and wife
whose current address is 35645 Abelia St., Murrieta, CA 92562
the Grantee, the following described premises, in Ada County, Idaho, TO WIT:
Lot 17 in Block 6 of Verona Subdivision No. 2, according to the official plat thereof, filed in
Book 91 of Plats at Page(s) 10743 and 10744, official records of Ada County, Idaho.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and
assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner
in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is
expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent
reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes,
laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the
current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful
claims whatsoever. Whenever the context so requires, the singular number includes the plural.
Dated: July 9, 2007
to %
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA, )
irvcL 750 JV- Wyhet- St 110
M1 .v Lc! t ( + laddtess)
(city) (state)
being first duly swornupon, oath, depose say_
1. That I am the record 9we of the property described on the attached, and I grant my
Permission to:
6L
CLrrt-, (Ans `Z o �N- %(mssfiCe-Ok I 1
1 1 (name) (address)
to submit the accompanying applications) pertaining to that property. c' `t
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of.site inspections related to processing said application(s).
Dated this �day of n CA I 20
(Signature)
SUBSCRIBED AND SWORN to before me the day and year fust above written.
OF
(Notary Public for Idaho)
Residing;Bwc I a
My CommissionEnrpires:j(L1e 1!�-, 2 S
mt ■ Planning Division ■ 33-E Broadway Avenue, Ste. 102Meridian, Idaho 83642
20MW5533 Fax: 208-8886854 wwwmcridianciw orJnlannine
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