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HomeMy WebLinkAboutStaff ReportOctober 14, 2002 A UP 02-007 MERIDIAN PLANNING & ZONING MEETING October 17, 2002 APPLICANT Sherrie Martin ITEM NO. 7 REQUEST Public Hearing -- Accessory Use Permit for a Family Daycare in an R-4 zone for Sherrie Martin -- 2215 East MacKay Court AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: COMMENTS See attached Staff Comments See attached Comments "Meridian Water has no objections to this request" "No Comment" See attached Comments A,� L( See attached Comments See attached Comments No Comment `p Vi.a ao � • -1 � a )Oj U "T D IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: Contacted:a I ! Date: Phone: .% 7r Materials presented at public meetings shall become property of the City of Meridian. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nary MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST MAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 To: Mayor, City Council and Planning & Zoning Commission From: David McKinnon, Planner II hA Re: Martin, Sherrie LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FAX 888-6854 September 30, 2002 RECEIVED OCT 10 2002 City Of Meridian City CIerk Of ice Accessory Use Permit Approval for a Family Childcare Home for Five or Fewer Children at 2215 E. Mackay Court, in the Sherbrooke Hollows Subdivision, located in a R-4 Zone, by Sherrie Martin (File No. AUP-02-007). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Sherrie Martin, has requested approval of an Accessory Use Permit (AUP) for the establishment of a "Family Childcare Home" in order to care for up to five children per day at 2215 E. Mackay Ct., in the Sherbrooke Hollows Subdivision. The Planning and Zoning Commission is required to hold a hearing for an AUP if there are any objections that have been filed concerning the application. Objections to the proposed AUP are required to be submitted within a 15-day comment period that begins on the first day of notice publication in the Valley News. The planning and zoning staff has received three (3) objections to the proposed daycare at this location within the aforementioned 15-day timeframe. Ordinances pertaining to Accessory Use Permits and "Family Childcare Homes" are located in sections 11-9-4A and 11-9-4B2 of the MCC. LOCATION The property is located at 2215 E. Mackay Ct., approximately 1/8th of a mile north of Victory Road and %2 a mile east of Locust Grove. ADDITIONAL BACKGROUND INFORMATION Family Childcare Home Standards (MCC 11 9 4B2) The following standards are listed as minimum requirements for the establishment of a Family Childcare Home: AUP-02-007 Sherrie Martin AUP Planning & Zoning Commission/Mayor & City Council September 30, 2002 Page 2 a. Secure and maintain a childcare license from the Idaho State Department of Health and Welfare, Childcare Licensing Division, if required. b. Acquire an occupancy certificate and/or building permit. c. Provide one off-street parking space per employee which may be in the driveway of the home. d. Provide for child pickup area located off of arterial or collector streets. e. Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. f. Provide a fence of appropriate height/construction, to enclose play areas, protection children from traffic on arterial or collector streets. Staff finds that the applicant is in the process of obtaining a childcare license from the State of Idaho, and that the submitted site plan provides the required parking, pickup area, fencing and screening. Letters of Objection- As mentioned above, staff has received three (3) letters of objection to the; proposed daycare. The objections stem from the fact that the subdivision's CC&Rs prohibit: home occupations, and that the applicant's home is allegedly being used for another home occupation (a painting business) with several employees (in violation of the MCC). The City does not have record of the issuance of an Accessory Use Permit for a home occupation at this address. City Code Enforcement has been made aware of the alleged illegal painting business. If it can be determined that there is another home occupation currently operating from this address the existing home occupation will require an AUP pursuant to the requirements of the MCC. The City is not responsible for the enforcement of individual subdivision CC&Rs. The Home Owners Association is the agency that is responsible for the implementation and enforcement of the Sherbrooke Hollows Subdivision CC&Rs. RECOMMENDATION Staff recommends that the Planning and Zoning Commission consider the public testimony (written and verbal) presented during the public hearing in order to determine if the proposed daycare use will adversely affect other properties in the general vicinity. AUP-02-007 Sherrie Martin AUP