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HomeMy WebLinkAboutEstacio, Elaine AUPMayor ROBERT D. CORRIE Council Member CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO. MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 8, 1998 TRANSMITTAL DATE: MAY 1, 1998 HEARING DATE: MAY 12. 1998 _ REQUEST: ACCESSORY USE PERMIT FOR HOME CHILD CARE BY: ELAINE ESTACIO LOCATION OF PROPERTY OR PROJECT: 232 S. Outfield Way JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, CIC _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT —FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: RE"ED MAY 1 '1 1998 CI TY C}F MERIDLAN May 11, 1998 Elaine Estacio 232 South Outfield Way Meridian, Idaho 83642 Ph. 887-0936 Mayor Robert Corrie 33 East Idaho Meridian, Idaho 83642 Dear Mayor Corrie; I respectfully request the opportunity to be heard at the June 2, 1998 City Counsel Meeting, to show the need for a public hearing to review changing the restrictions on the R4 zoning ordinance, for In-home Daycares, to allow, for Group Day Care - 6 to 12 children. Sincerely, Elaine yEstacio' CITY OF MERIDIAN 33 East Idaho Street; Meridian, ID 83642 ACCESSORY USE APPLICATION APPLICANT: Phone: D cl3e (Owner or holder of valid option) ADDRESS: 0�3 A SO . GENERAL LOCATION: Ft /t 0J LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy): Zo ��OGK Fe/7 �c� Park-- -Vz PROOF OF OWNERSHIP: Copy of property deed must be attached, with option agreement and not ui7..ed consent of owner if applicant is not legal owner. SIZE OF PARCEL OR LOT. ZONING CLASSIFICATION: 44 VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, adjacent uses, streets existing and such other items as the City may require. Also include a site plan showing boundaries of property, floor plan of house, area intended for accessory use, and parking and yard areas. SURROUNDING PROPERTY OWNERS: Provide a list of names and addresses of all abutting property owners. Abutting land includes parcels across the street on alleys and kitty corner from property, including where a street or alley is between your property and the other property. (This information is available from the Ada County Assessor.) OF, REQUESTED ACCESSORY USE: r FEE: $80.00 1. Use made of all abutting lots or parcels: f//4 2 Are there other accessory uses of a similar attire in the area. If so, state the location and the accessory use: 3. Possible adverse impacts on adjacent property such as noise, traffic, excess light, odor, etc.: Al J -Ph 4. Do _you agree to pay increased sewer, water or trash fees if such are required due to increased use? 5. If the accessory use includes construction of a building on the lot or parcel, complete the following: �/ n a• Will all parts of the accessory building be located within the lot or parcel? b. Is the primary building already constructed? C. Is the accessory building to be attached to the primary building? d. Will the accessory building be constructed in the- yard of the primary building? e. Will the accessory building occupy less than 40% of the required rear yard for the primary structure? f If the answer to the above is no, will the accessory structure be connected to the primary structure and will both the primary and accessory structure then meet all yard and court requirements? g. Does the height of the accessory building exceed 15 feet? h If the lot or parcel is zoned ~commercial, is any abutting property zoned residential and, if so, will the accessory use occupy anv of the front yard? 6. If the accessory use is for a Family Child Care Home, complete the following- a. ollowing a. Is a State of Idaho basic day care license required for this type of facility? If so, attach a copy of your license. b. Have you applied for or received an occupancy permit? `YW If so, attach a copy of your application or permit. C. Is one off-street parking space per employee provided? d. If the home is located on an arterial or collector, is an off-stfbet child pick-up area provided? e. Is screening of adjacent properties provided? f. Is the play area for the children fenced from streets and neighbors? If so, what is the fence height and type of construction? �/ . 7. If the accessory use is for a home occupation, complete the following: a. Are only family members residing in the principal residence? b. Is the use of the residence as a home occupation incidental and subordinate to itsto as a residence? C. Will ih home occupation use more than 25% of �e floor area of the dwelling? d. Will any ite be offered for sale that is not produced by the dwelling occupants of the emises? e. Will mechanical or trical equipment be installed or maintainedotherthan such as is customarily dental to domestic use? f. How much traffic will be rated by the occupation? g. Will off-street parking requirem is be met? h. Will off-street parking requirements located in a required front yard? i. Will equipment or processing create no vibrations, glare, fumes, odor, or electrical interference detectable to the norm enses off the lot? j. Will the appearance of the residence be or the occupation be conducted in a manner which would cause the pre ' es to differ from its residential character in the use of construction, lighting, i and in the emission of noise, fumes, odors, vibrations or electrical interfe e? I hereby certify that the information contained herein is true and correct STATE OF IDAHO ss. County of Ada SIGNATURE:— SOCIAL SECURITY NO.: 5 40 A74 7� 4/ DATE:_ &/ —/ —qA - On this � day of t�appeaair-,' 1997, More me, the undersigned, a NotaryPublic in and for said State, personallyd-•��s� `c , known, or proved to me, to be the person(s) whose name(s) is (are) subscribed to the within instrument; and acknowledged to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. k,lOTAR y- Notary Public for Idaho (SEAL) Residing at: /�-t- P O Q U G My Commission Expires: HW -0379 STATE OF IDAHO REV.1/95 DEPARTMENT OF HEALTH & WELFARE Day Care Permit APPLICANTS AND ANY OTHER OWNERS, OPERATORS, EMPLOYEES AND VOLUNTEERS AT A DAY CARE FACILITY HAVING DIRECT CONTACT WITH CHILDREN MUST COMPLY WITH A CRIMINAL HISTORY CHECK 0 NO RELEVANT CRIMINAL HISTORY CONVICTION A criminal history check pursuant to Idaho Code Section 39-1105 has been completed regarding the following individual: - r ELAINE L ESTACIO Narne'of Day Care Provider.', NO RECORD HAS BEEN FOUND pursuant to Idaho Code Sections 391113 and 3971115(3) that this individual has been found guilty of or received a withheld judgement for any offense involving neglect or any physical injury to; or other abuse of a child including the following offenses or a similar provision in another jurisdictiom Injury to a child, section 18.1501, Idaho Code. The sexual abuse of a child under sixteen (16) years of age, section 18.1506, Idaho Code. The ritualized abuie of a child under eighteen (18) years of age, section 18-1506A Idaho Coda The sexual exploitation of a child, section I8-1507 or 18-1507A, Idaho Code. Lewd conduct with a child under the age of sixteen (16) years, section 18.1508, Idaho Code. The sale of barter of a child for adoption or other purposes, section 18.1511, Idaho Code- Murder, section 184001 or 184003, Idaho Code. Voluntary manslaughter, section 184006, Idaho Code. Rape, section 18-6101 or,184108, Idaho Code. Incest, section 18-6602, Idaho Code. Forcible sexual penetration by use of foreign object, section 186608, Idaho Code. _ _- The above-named individual is hereby authorized to provide day canservices to children in an approved facility meeting the requirements of a Basic Day Care License or Certification DATED this 11TH day of SEPTEMBER _ ZI 19 97 Family and C ' 's Services Program Manager Goes 455v2 LITHO. IN U.S.A HW -0387 STATE OF IDAHO DEPARTMENT OF HEALTH AND WELFARE TEMPORARY BASIC DAYCARE LICENSE The holder of this temporary Basic Day Care License TOTALLY FOR TOTS/ELAINE ESTACIO Name of,Facility/Applicant 232 OUTFIELD_ WAY; MERIDIAN ID 83642 Address of Facility has applied for a Basic Day Care License pursuant to the requirements of Idaho Code 39-1101 through 39-1117 and the completion of a fire inspection and health inspection establishing compliance with Idaho Code Sections 39-1109 and 39-1110, and the requirements of Idaho Code Section 39-1105 regarding criminal history checks are currently pending. Your temporary Basic Day Care License authorizes you to provide day care pending the completion of the fire and health inspections and criminal history check, if one is required, up to one hundred twenty (120) days unless otherwise extended by the Department of Health and Welfare. You are temporarily licensed as a: Day Care Center Group Day Care Facility Day Care Home From SEPT. 26. 1997 to JANUARY 25 1998 Effective bate Expiration Date The issuance of a temporary Day Care License does not establish that a facility is free of risk. Primary responsibility for evaluation and selection of day care services rests with parents and/or guardians. Idaho Code Section 39-1101 and 39-1117. Your temporary Basic Day Care License must be posted in a conspicuous place at your facility, and a copy of Idaho Code Sections 39-1101 through 39-1117 shall be available on the premises at all times for staff and parents to read upon request. alRegionalDi ector Date a y ffm cf, ?p � S w I ng Se-t�5 s pi` r-�p st r. GT �7 to >T,Dolcavim. °fed rO 00A t2•xf to'Xao' t3 Xt1 'Xt4f' . r^ fi LA 13 Psalm +�3 s� pxcl �r nIs h et� 3 �c►.r rn2c1 C�ooc n j n4o a rj Oo tin to• xt1' J 3 ra.'SS r�VC uac f �3 eOur 5) 0 ADA! REC R0ER THIS FORM FURNISHED COURTESY OF: I DAV I li I: NF RO BOISE ID ALLIANCE TITLE &ESCROW CORP.-� T� 3`t FEE �� DE DIIIQ at READ & APPROVED BY GRANTEES{� RECDP.u[D T H" k[GUEST OF SPACE ABOVE THIS LINE FOR RECORDING DATA, (0330) **RE—RECORDING TO CORRECT BUYERS NAME*r No.: 97066436 SRC/JC CORPORATE WARRANTY DEED FOR VALUE RECEIVED, BORUP CONSTRUCTION, INC., AN IDAHO CORPORATION 'a corporation organized and existing under the laws of the State of Idaho, with its principal office at 38 EAST ADA. MERIDIAN, IDAHO 83642 of County of ADA , State of Idaho, GRANTOR, hereby GRANT, BARGAIN, SELL AND CONVEY unto ORLANDO A. ESTACIO AND ELAINE L. ESTACIO, HUSBAND AND WIFE GRANTEE(S), whose current address is: 232 S. OUTFIELD WAY, MERIDIAN, IDHAO 83642 the following described real property located in ADA County, State of Idaho, more particularly described as follows, to wit: Lot 11 in Block'6 of FENWAY PARK NO. 2, according to the Official Plat thereof, filed in Book 65 of Plats at Page(s) 6671 and 6672, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns ddrever. And the said :. Grantor does hereby covenant to and with the said Grantee(s), that Grantor is the owner in fee simple of'said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor will warrrant and defend the same from all lawful claims whatsoever. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly held and attended by a quorum. -(_ ?: In witness whereof, the Grantor has caused its corporate name to be hereunto affixed by its duly authorized officers this 21st day of March , in the year of 1997. (37036.625 BORUP CONSTRUCTION, INC. (Corporate Seal) (Corporate Name) JJ President BOISE ID ALLIANCE TITLE ` Attest: Secretary STATE OF IDAHO '97 RE la PQ 2 47 COUNTY OF ADA ! � FEI - LL On this 31st day of RECOMi rMhTFc"ibM*SJT' F of�9� before me, the undersigned, a Notary Public in and for said State, personally appeared I �11J' f known or identified ��tg�me to be the �VYS i ��Qv�T of the corporation that executed the instrument �ge'.0p s'6nks) who executed the instrument on behalf of said corporation, and acknowledged to me that such esee�Ceep*d the same. b •• 1, as / O • t I: Signat Name JO L. CURRIER •�0 •`a�� `' (type or print) _- '�N Residing at: BOISE, IDAHO My Commission Expires: 07/30/99 m Mayor ROBERT D. CORRIE CouncilMembers CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD June 24, 1998 n HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 Ms. Elaine Estacio 232 S. Outfield Place - Meridian, ID 83642 Dear Ms. Estacio: LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 Your'request for an Accessory Use Permit for a Family Child Care Home (5 or fewer children, including daycare provider's children) was approved by the Meridian Planning & Zoning' Commission on June 9, 1998. Please be advised that approval is contingent upon adhering to the requirements of the Accessory Use Permit and the Findings of Fact and Conclusions of Law. The Meridian City/Rural,Fire Department will perform an inspection when they are in the area. If you have any questions, please feel free to contact me at 884-5533. Sincerely, CITY OF MERIDIAN Shari Stiles P&Z Administrator cc: Kenny Bowers, Fire Chief I ,c f � MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 9, 1998 APPLICANT: ELAINE ESTACIO AGENDA ITEM NUMBER: 7 REQUEST: ACCESSORY USE PERMIT FOR HOME DAYCARE (5 OR FEWER. CHILDREN) AGENCY COMMENTS CITY CLERK: SEE ATTACHED,MINUTES FROM 5/12/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian r Planning and Zoning Commission May 12, 1998 Page 24 Johnson: Mr. Roberts you will probably want to consult with staff about what they really want to see so you get something specific and so that this doesn't drag on any longer than it needs to. ITEKNO. 13: PUBLIC HEARING: REQUEST FOR ACCESSORY USE PERMIT FOR HOME DAY CARE IN AN R-4 ZONE FOR FIVE OR FEWER CHILDREN BY ELAINE ESTACIO - 232 S. OUTFIELD WAY. Johnson: At this time I will open the public hearing and ask the applicant or the applicant's representative to address the commission at this time. ELAINE ESTACIO 232 S. OUTFIELD WAY WAS SWORN BY THE CITY ATTORNEY Estacio: It is my desire to become a licensed in-home day care. Unfortunately I bought my home in an R-4 zoning which does restrict me to five or fewer children. This is what I am here for today to try to comply with that. I did have one complaint, and that's why I've had to come here with the accessory use. Hopefully you've received my packets to explain a little bit about that. I'm trying to work with that particular neighbor as best I can. I've had my health inspection. I've done everything I can up to this point. I don't know what else to do but be here today to try to see if I can continue to be licensed. I have been temporary licensed through the child care licensing: (Inaudible) to get my finalized license. It is my desire to — I am on the agenda for the City Council meeting June 2nd to try to address these restrictions and problems that we do have with Meridian City on the zonings to five or fewer children. But that is a whole separate issue. But today I would like to at least become licensed for five or fewer. Johnson: Okay, in preparation for that meeting, have you familiarized yourself yet with our ordinances? Estacio: Yes. Johnson: And the three different types of applications we have. Estacio: Yes. Johnson: Okay, that's a whole other issue. Are you finished with your presentation? Estacio: Yes. Johnson: Any questions of the applicant? Planning and Zoning Commission May 12, 1998 Page 25 MacCoy: First off I would like to compliment you on folder you gave all of us, the envelope, that was very nicely done. And I really appreciate it and I'm sure the other commissioners do too because a lot of times we see material that is in pieces as you have already heard this evening. It's nice to have a complete package. Also I will compliment you, I'm sure you probably had something to do with it. The letters that came in that supported you from your neighbors and also from your clients. They were very well written, and we see a lot of emotional things and I thought these were very much down to the point, which I appreciate. Have you received the and read the Planning and Zoning Commission staff report? Estacio: Yes, 1 have. 1 just had one question, actually two, but one that does concern me and that's item six about no employees. If they are not residents of the home, the forbid it. That's kind of a problem if 1 am sick or I have to leave or anything. I do have a niece that does come in on occasions and works short periods of time for me. I do pay her. I pay her taxes, you know, complete payroll. I want to know if that's — I mean that's kind of hard. If you consider this business, I do have to have back up and some help on occasions. I understand not a full time employee, but you know, everybody does need a back upon occasions. This does°concern me where I have no employees. I have to pay commercial sewer and water because they want to put me commercial, but yet you're denying me on any help or back up for employees. I would just like have you consider have it part time occasional helper on that. So I do have a back up. That's my only real concern. I have plenty of parking. 1 have a three car garage for parking. I have in front- of my house is quite lengthy for° plenty of cars. No one's there usually that ,many at one time for me to have someone, you know, if I'm sick or need help to park. At one point I even had a neighbor that worked for me. She didn't have to park there. She walked over. But at this point I do have a niece that on occasions when I have to come and go somewhere or you know or doctor or whatever, l do have to have help. Even with five or fewer kids. MacCoy: Bruce; staff, do you want to comment on what she had to say? Stiles: What we're referring to in our comments is the home occupation standards which family child care home is considered a home occupation, and that is one of the requirements under section 11 2 410(d) number — it goes on, but it's under the accessory use provision that no persons other than members of the family residing on the premises shall be engaged in such occupation. Estacio: They put us through the ringer to have in home day cares. They really do, and then they restrict us on everything they can. You know. Johnson: That's the only way it should bi�.- with public safety concerns for children Planning and Zoning Commission May 12, 1998 Page 26 Estacio: Right, Johnson: It's the only thing that you can do as the city is be paramount in your concern for the safety of children. And that's why there are restrictions, and the more children you get the more'restrictions there are. Estacio: Right, and I understand that, and I agree with, having restrictions, but yet I have to consider this as a business but yet you know they tell me I can't have anyone coming in and help me. You know, my helpers are licensed through the state to work in a day care. They've done everything they can, you know she's there to follow the rules and regulations to become a helper. -1 don't know. I guess if that's what the ruling is, that's what I have to do, but it does concern me a little bit. You know, what you are saying is if like even want my mother to come over and help if I had to make an errand and that's not (inaudible) too. -Just a little vague on that. For not paying the person, then is that concerned not an employee? I'm sorry I'm a little vague on that. MacCoy: Is there any help that she can — Estacio: I don't want to break any rules here. I'm just not sure what some — Johnson: Anybody else have'any questions? MacCoy: I'm going to finish questioning her. I want an answer to her question — Johnson: She had several questions there, which one are you talking about? The one with respect to is a mother an employee? No, probably not. But what other question there did you not get an answer to? MacCoy: Well, I think her basic question is that item six on the staff s list is what her fi concern is. Johnson: That's just no employees, right? Item six? MacCoy: Yeah. Johnson: Well, that is again the statute, right? MacCoy: It's what Shari says. Johnson:- It's the way the statute reads. We follow the ordinances is what we do, and it's in the ordinance at this time. And the reason for that isn't because it's a day care. It's because it's an accessory use permit. And accessory use permits given for Planning and Zoning Commission May 12, 1998 Page 27 businesses in the home that.don't appear to be businesses. And that can be anything from somebody making lamps in their converted garage and maybe advertising them through catalog. sales, but the one thing it precludes is any kind of additional traffic in terms of somebody calling a retail outlet or having, employees there that park and come in -and out, so you fall into the, 'category of accessory use so it's not, necessarily pinpointed to your child care operation. That's why that's in the ordinance. Because once you get employees, then.you are getting away from being a home business. You. are getting away from accessory use permit. Now there are other permits that are available for people who do,have employees. But the one you are applying for is restricted and no employees. MacCoy: All right. Are you planning to have any handicapped children in your — Estacio: Well, I don't.have any at this time. Although it wouldn't take much to have though. I have a one floor home. It would not take much to do that. I have at one point even helped with a blind child. We had no problems there as far as that goes. As far as parking, everything is one level. I do have a slight step you know as far as getting in my front door, but that could be fixed real easily with a ramp if that is needed. MacCoy: Okay, my only suggestion is that if it should come to pass, let you know there is a set of laws for the State of Idaho and the United States which is considered the ADA; the law, system for handicapped people, not just children, but people. Because we've had people here that have gone for the same,thing you have and they have somebody who is part of their help also be handicapped, so it still falls in the same category. Estacio: 1. do not discriminate against that if that was the case. Then we would something to — MacCoy: I'm just letting you know there's a law or a set of laws on that. You're back yard is fenced. And it's got a gate or gates that are lockable. Estacio: Yes. MacCoy: Fence height is six foot. : G t �a Estacio: Yes. w� k. MacCoy: What do you have in the back yard in the way of things for your children? Estacio: As to play with? In my packet, there's pictures of m?z tback yard there. I have three swing sets. Several hundred of dollars of playground equipment. As far as Planning and Zoning Commission May 12, 1998 Page 28 playing with. Tables, chairs out there also for them to sit to have snacks in the afternoon, you know, if theweatheris permitted. I have several toys. 1 have invested quite a bit in things for the kids to play with out there. The grass is grassed, most of it. There is an area where it is bark'around the areas where it's harder to move things to mow so I did that so I wouldn't have this problem as far as taking of the lawn. MacCoy: Do you have a wading pool or a pool or fish pond? Estacio: No. In the summertime my kids do like to have — we have a collapsible pool that we put a little bit a water in for a short period of time that's dumped out after use. I have a two and a four year old, I would never leave it out. It is there though if we wanted to put a small amount of water to play in,the water. Sprinklers is better as far as I'm concerned anyway for kids, but we have had — we've put some water in it and let them play and stuff. But it's short, and we do dump it. It's collapsible. It's put up after use. MacCoy: You don't have a abandoned well in your area? Estacio: No, sir. I do have a field behind me, but I'm fenced all the way around it, but there's nothing even back there either. Or any ways for them to get to it. MacCoy: All right. On your material that was presented to us, it says here you have a temporary license so and so here from September 26, 1997 to January 25, 1998. Do you have an extension all ready on that? Estacio: Yes, I have. I understand which one you are talking about. Yes, I have. I have reapplied for that. MacCoy: Okay, and since you have already — in the area you live, is there some type of rules, regulations that your — Estacio: My covenants? It doesn't state anything in there about anything except for signage, which I don't have. As you can on my picture, my house looks just a normal as anybody else's along the road. I don't have any sign or anything. It doesn't say anything that I have found in my covenants. I have it here. I didn't make a copy, but I did bring it tonight. There's another in home day care just three houses down from me too. That's been there for several years. She's not having problems either with the covenants or any problems, so I'm not aware of any. MacCoy: Okay, the letter that we received from the one neighbor. She lives a couple of doors clown or across the street? Planning and Zoning Commission May 12, 1998 Page 29 Estacio: No, she lives right beside -me. MacCoy: Oh, she does. Estacio: Yes. As I stated in my letter, she was at one point bringing her daughter over, we had some problems, and I asked her not to come, and after that time she has became a little irritated towards me. I don't think its necessarily my day care as it is just the fact that I've asked her not to come back over with her daughter. I've tried to do everything to become a good neighbor with her. I have two other neighbors here tonight to speak for me to show that'l am a good neighbor, and have tried to do everything I can to stay that way. She has a chain link fence around her house. 1 don't bother her, and she doesn't talk to me, so it's unfortunate, but I don't know what to do about that. MacCoy: I'm just wondering that the fact that she said she slept in the morning, not just the fact that you had children, just street traffic bothered her. Estacio: Well, in her letter she stated that I had traffic from 5:30 A.M. on, and that is not true. No one comes before 7:00 except for on a rare occasion. You know maybe a little bit before 7:00, but I don't even open until 7:00. The children do not go outside before 9:00; and usually after 10:00 because I have a preschool program that I do with the kids in the mornings. Before she wrote that letter, they hadn't been out because the weather has not permitted us to be out. Traffic is really very minimal. They are very quiet people. I have neighbors that are across from me that says you can't even tell I'm even doing day care. It's a quiet street and I keep that way too. I don't permit the kids to 'go out unattended and scream and holler and shout all the time, but, yes in the afternoon if it's nice, we are out. Some in the morning for an hour, but they are never early in the mornings. If that was a problem I would make sure they weren't out in the mornings, if that was really a concern. I know her schedule being that I have been a day care for her, and she works at Fred Meyers, and the latest she might be until 11:00. She also has a child. I'm concerned if she is sleeping in the mornings, who is watching her child, but that's another, you know. I've tried not to ever bother her. That's why I put'a second fence out there because she does have three large dogs that. I don't want you know the children out playing, my own children, I put that out before I even had been doing day care. I don't want to be offensive to her or having her dogs bark because my own children are in the back yard playing, so I put that up extra, spent several hundred dollars to do that to try to`be a good neighbor, and I was a great neighbor until I had problems and then of course I wasn't after that. (Inaudible) It would be my desire to have her my best friend, but it doesn't work that way, sorry. MacCoy: Thank you very much. Pass. Planning and Zoning Commission May 12, 1998 Page 30 Johnson: Anyone else have any questions? Smith: Clarify something I'm a little confused about is how long has your day care been open? Estacio: I have been open for a few months. I have been running and stumbling blocks as long as I've been going. Finding out that the zoning problem is a problem. I've called several people. I've talked to several people saying oh, you can get a variance. You can do this and you can do that, and so I submitted. I do things, and then I find out no I can't. I have been in business now for several months.. Smith: When you refer to being licensed, you,are talking about being licensed by the state. Estacio; By child care licensing. Smith: At what point in time did you become aware that you needed to come before the city to get an accessory use permit? Estacio: Well, I went to Ms. Stiles about a month or so ago with my conditional use permit after I talked to Mr. Borup and Mr. MacCoy right here after a Planning and Zoning meeting. They suggested I put it in anyway for 6 to 12. 1 went in the office. I submitted it. And she says, I cannot do that. That's when I -said, okay, I sat down with her — Stiles: You did not submit an application. Estacio: I came in to apply for my conditional use permit and we sat down and talked about it and you said that I would have to talk to somebody else and so you referred me to the city attorney, which I did talk to Wayne Crookston at that time. I'm sorry, maybe you don't remember, but I was in there because I was going to pay for the conditional use permit plus the fee for a variance. And you told me at that time that I could not apply for a variance. So I then I called — my mother watched my kids while I went down there and did that. I called Mr. Crookston at that time. He called me back that same day and said what I needed to do is get a hold of the Mayor and see I can be put on the City Council agenda to.see if we can review these restrictions because we have so much R-4 zoning in `Meridian, that it's becoming extremely hard for us parents to become in home day cares if we have to have five or fewer children and count our own. I have done that on two meetings, and I am now on the agenda for June 2nd to see if we can please review these restrictions, and I understand we need restrictions, but it is impossible and extremely hard for someone to stay open when you have to count your own children and only have five and fewer kids. It's not —` Planning and Zoning Commission May 12, 1998 Page 31 Johnson: But the point is you've been in business without having the proper permit, right? Estacio: Yes, I have. Johnson: I think that's the question here. Do you have anything further? Smith: One of the comments from staff was family child care homes are defined as child care facilities which provides care for five or fewer children throughout the day. I think there was some documentation in our packets that stated that you had two children of your own plus three foster children. . Estacio: Yes, I'm already making arrangements for — one will be 14 here in a matter of a few weeks and the other two are going to be going to another day care so I don't have to be counting. So I am trying to make arrangements. Smith:.. How many children including your own do you care for now? Estacio: I do care for more, and I have already tried to make arrangements to cut that back so I can comply. Smith: How many is more? Estacio: Eight. Smith: Eight. Thank you. Estacio: You're welcome. Smith: I think that does it for me. Johnson: Okay, anyone else? Just to follow up on Mr. Smith's comment if you count the number of children that are in these letters, it's gets up to about 8, and that's guessing that when someone says kids, they mean just two. Es#acio: Well, I have not denied that to anyone, and I would like to be licensed for 6 to 12 like anyone that's in an R-8, but I'm trying to comply and that's why,l'm here. And to be officially licensed. At least I am trying to do something. You'd be surprised how many people out there not. Johnson: Oh, I don't think we'd be surprised. I think they'd be surprised. Planning and Zoning Commission . May 12, 1998 Page 32 Estacio: You know, 1 am trying to do something here. Johnson: Anybody else? Okay this is a public hearing, anyone else would like to come forward on this application? TROY CERELLO 2639 N. ARROWOOD WAS SWORN BY THE CITY ATTORNEY. Cerello: I would like to make comments first of all as a parent and then second of all as a citizen. Elaine has been anybody that has taken a child. today care knows that it's a very difficult decision first of all. Second of all my wife I have a daughter from the previous marriage and when we decided to take out child to day care, my three year old `son, she says well how do you know what's the right day care and 1 said well, you just kind of feel it in your gut. You walk in the house and you know this is it, my child is going to be okay here. And Elaine has been a god send for us. We've had I think three different day cares in Boise and Meridian, and Elaine, I think it just speaks for Elaine's responsibility and the comment about having another employee in her home. I just think it speaks for her responsibility and to have aback up. In any job I've been in I spent time in the militaryand in any job I've been in, I have to have a back up. I have to have something to back. me up if I'm not there or if something goes wrong. And Elaine, it just speaks for her responsibility and for her care for her parents and for her children. Also Mr. MacCoy made comment about what kind of toys do you have in the back for the kids and things like that. Elaine basically converted her garage for the kids for the winter so that they could have a place to play rather than be stuck in the house in front of the t.v. which most day care people I've seen that is one of the medians that they use to care for children. Elaine set up a preschool facility for my son who is two years old is learning letters and things like this that you just don't see in other day cares. Elaine has also at her own expense went out and bought computers for these kids to see the information age and to see the things that are going on out there, and she's bought children's software, so I guess my point is that Elaine does everything in her power to make the most and comfortable home for these children. We have laws for reasons and we have ordinances for reasons, and I think we all understand that. But I think that we really get caught up in those laws sometimes and we forget to look at where our kids are and where our kids are comfortable. I wouldn't take my kid any where else unless I am forced to. Elaine has even considered renting property or doing something else so that she can do what she truly loves to do. And that she provides a tremendous service for us. So again my comment is as a parent and then my comments as a citizen. We wouldn't know what to do without Elaine. We think she is wonderful and I couldn't be any happier to have my kids anywhere else. Johnson: Thank you. Any questions? Anyone else? Planning and Zoning Commission May 12, 1998 Page 33 BILL LONG 226 S. OUTFIELD WAS SWORN BY THE CITY ATTORNEY. Long: I live next door to Elaine. Elaine is a great neighbor as far as the day care. Last summer when I was going to school, I work nights, I never had any problems sleeping during the day. I never heard the kids. She seems to keep a clean nice home. Her yard is nice. And we've never had any problems with the children. I've never noticed any problem with traffic. I now leave work around 7:30 in the morning and occasionally there is a car in her driveway. I don't know Elaine very well, but I do know that she does run something that is good. I admire her in the fact that her husband is away on military assignment. He doesn't live here and she has to work and a way for her to provide for her family is to have this day care. There's other things people can do, and one of them is not to work and I admire Elaine. She works hard and she provides for her family and I think this is something that needs to be considered. It's something that needs to be worked through. Like I said living next to her, I have never had a problem. I have two kids and they of course are going to make noise when they are playing outside and I'm sure hers do too, but there's been any excessive noises. I have never had any problems with anything except for an occasional ball in my yard. So I mean there's really no problems with her. Her neighbor who has complained has complained about things I've done. Before her home was built, we had problems with them too. I think if you talked to anyone on that block and they have had problems with her. So there's things to consider there too. Johnson: Okay, thank you. Any questions? Anyone else would like to address the commission? KRISTI EVANS 188 S. CRESTWOOD WAS SWORN BY THE CITY ATTORNEY. Evans: I live around the corner from Elaine and I worked for her for a few months. I came in and helped her with the preschool. I have previous day care experience. 1 worked at another day care and managed it for a little while, and I just want to say that I have a lot of respect for Elaine. And I think she goes above and beyond you know talking about the toys and the preschool was definitely unnecessary. Parents would still take their kids there and she paid me to come in and she helped me the same time, and she really wants the kids to learn and I think those kids will have the upper hand when they go to kindergarten, and she loves all the kids,. and I think that's really important. " Working in day care before, that's not always the case, and I've seen kind of a down side of day care, and I think that she just needs to be commended for what she's doing in her effort. And that's all. Johnson:- Thank you. Any questions? Anyone else? Any staff comments? Okay, this is an accessory use, and the way I read the ordinance because we don't have too mGhy of these, it still requires findings of fact after the public hearing which we had to have Planning and Zoning Commission May 12, 1998 Page 34 because there was objections. So we need findings of fact and then the decision at that point at Planning and Zoning. It doesn't go on to the City Council. MacCoy: I move that we have the attorney prepare findings of fact and conclusions of law for this project. Smith: Second. Johnson: I should have closed the public hearing which I will do now. We have a motion and a second. All in favor? Opposed? MOTION CARRIED: All ayes. Johnson: Anybody have a question on what happened tonight? Findings of Fact and Conclusions of Law will be prepared by our city attorneys and that will be on our agenda for June the 9th at which time we will approve or deny those findings of fact and a decision for the accessory use permit will be made at that time by the Planning and Zoning Commission. So no decision until June. What the earliest is what I'm saying. Johnson: Before I get into this, I would like to take a five minute break. (FIVE MINUTE BREAK) Johnson: Okay we will resume the meeting now. We are going to reverse the order between 14 and 15 because they are really out of sync there. There proper order should be that we address the conditional use permit first and then the preliminary plat so we will start with item 15. ITEM NO. 15: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PLANNED DEVELOPMENT IN PROPOSED MAWS SUBDIVISION NO. 3 BY TEALEY'S LAND SURVEYING — NORTH OF E. PINE AND WEST OF LOCUST GROVE. Johnson: At this time I will open the public hearing and invite the applicant or the applicant's representative to address the commission. RICHARD PAVELEK WAS SWORN BY THE CITY ATTORNEY. Pavelek: Maws Subdivision No. 3 is a development planned for a remnant parcel of the larger development of the two previous phases. It has no direct access to the other portions of Maws Subdivision. It has access the private or the public road`along this boundary. It sat vacant for a number of years partially because of servicing issues and GIGIn-C SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: MAU-01-98 232 Outfield Way CIE] ][ v7ED JUN 0 2 1998 C17 OF MERIDIAN May 18, 1998 The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission review. However, ACHD receives many calls from neighbors of day care centers concerning the volume of traffic and the number. of parked vehicles near existing day care centers. Each parent typically makes two round trips per day (i.e. four one-way trips). The Institute of Transportation Engineers (ITE) data show that a typical day care created 4.65 vehicle trips per day per student. The proposed 5 student facility can be expected to generate 24 total vehicle trips per day., All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. If you have any questions please feel free to Sincerely, Steve Arnold Senior Development Analyst cc: Project file Chron file ada county highway district 318 East 37th • Boise, Idaho 83714-6499 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellus@achd.ada.id.us f CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT celf DISTRICT Environmental Health Division � D DEPARTMENT MAY Rim Rezone # Return to: E]Boise Eagle Q Garden City s: _11L�LiLtu u� .Meridian Conditional Use # ❑ Kuna Preliminary / Final / Short PlatC� d ❑ ACZ fj CYES�ory !/J fiJ1 e �.0t/l-2� G Z z J tF L S!%gC (o sZ_72- S, d UTI /eZD [� I. We have No Objections to this Proposal 2. We recommend Denial of this Proposal. [] 3. Specific'knowledge as to the exact type of use must be provided before we can comment on this Proposal. 4. We will require more data concerning soil conditions on this Proposal before we can comment. S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of. ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other [] 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: 91' central sewage ❑ community sewage system ❑ community water well ❑ interim sewage .fes central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water 10. Run-off is not to create a mosquito breeding problem. Q 11. This Department would recommend deferral until high seasonal groundwater can be determined if other considerations indicate approval. [] 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. PT, 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas [child care center ❑ beverage establishment ❑ grocery store G 14. A Masi 4c Date: .wwk 0 Reviewed By: Oh+ coon 10/91 A rev. 1/97 Review Sheet BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ELAINE ESTACIO ACCESSORY USE PERMIT FOR A HOME CHILD CARE 232 S. OUTFIELD WAY MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on May 12, 1998, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant, Elaine Estacio, 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 of Law. FINDINGS OF FACT 1. A notice of the application was mailed by certified mail, return receipt requested, to owners of property which abuts the external lot or boundary lines°of the property, including properties across the street, alley and kitty corner to the property; a notice of the application was published for" two (2) consecutive weeks; a notice of the public hearing on the application for the accessory use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 12, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 12, 1998, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - ELAINE ESTACIO - FAMILY CHILD CARE HOME IN AN R-4 6-5-98 -- FINAL 1 6 2. The property included in the application for the accessory use permit is described in the application, and by this reference is incorporated herein as if set forth in full. This property is located within the City of Meridian, Ada County; State of Idaho at 232 S. Outfield Way. 3. Pursuant to the application, the Applicant is the owner of record of the property; the property is currently zoned (R-4) Low Density Residential District; the property is contained in Lot 11, Block 6 of Fenway Park #2 Subdivision; the surrounding properties are residential homes; the Applicant requests an accessory use permit for the operation of a Family Child Care Home; there exist no accessory uses of a similar nature in the area; and the Applicant agrees to pay increased sewer, water or trash fees if such are required due to increased use. 4. Pursuant to Section 11-2-409 A, Zoning Schedule of Use Control of the Zoning and Development Ordinance of the City of Meridian, the operation of a Family Child Care Home on property zoned (R-4) Low Density Residential District is permitted, by and requires an accessory use permit. 5. The Applicant, Elaine Estacio, testified substantially as follows: She noted that her subdivision is zoned R-4 and that such zoning restricts her to 5 or fewer children. She noted that she has had a health inspection. She noted that she is on the agenda for the City Council meeting in order to address some of the zoning restrictions. Chairman Johnson inquired whether Mrs. Estacio was familiar with all three types of applications. Mrs. Estacio noted that she was familiar with them. Commissioner Maccoy inquired whether that applicant had read the P & Z Commission staff report. Mrs. Estacio noted that she had a concern about not being FINDINGS OF FACT AND CONCLUSIONS OF LAW - ELAINE ESTACIO - FAMILY CHILD CARE HOME IN AN R-4 6-5-98 -- FINAL E permitted to have at least one employee as a backup for emergencies and such. She noted that she had plenty of parking, a three car garage and the space in front of her home is 'quite lengthy. Commissioner Maccoy inquired whether staff would like to respond to Mrs. Estacio's comments. Shari Stiles, P & Z Administrator noted that under home occupation standards, one the requirements under section 11-2-410 (d) is that under an accessory use permit, no person other than members of the family residing on the premises shall be engaged in such occupation. 'The testimony from both the Commission and Mrs. Estacio went on to discuss the merits of not permitting employees in a family child care home. Chairman Johnson clarified the discussion by noting that the ordinance sets the standard to be applied. Further, the ordinance applies to all applicants and not just to Mrs. Estacio. Commissioner Maccoy inquired whether the operation would care for handicapped children. Mrs. Estacio noted that she would not be caring for handicapped children. Commissioner Maccoy inquired whether the applicant's yard was fenced along with a gate that was lockable. Mrs. Estacio acknowledged that her yard was fenced and lockable. Further, she noted that her fence was 6 feet tall. Commissioner Maccoy inquired about any abandoned wells in the area. Mrs. Estacio noted that there are no abandoned wells in the area. Commissioner Maccoy inquired about any rules or regulations in the neighborhood. Mrs. Estacio noted that she was not aware of any. Commissioner Maccoy noted that a neighbor complained about the operation. Mrs. Estacio noted that the neighbor used to bring her daughter to the day care until a disagreement ensued. She noted that many of the complaints are a result of the disagreement rather than the nature of the complaints. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 ELAINE ESTACIO - FAMILY CHILD CARE HOME IN AN R-4 6-5-98 -- FINAL Commissioner Smith inquired about how long the day care had been in operation. Mrs. Estacio noted that she had been open for a few months. Commissioner Maccoy inquired about the temporary license dated September 26`x', 1997 to January 25`h, 1998 and whether there was an extension. Mrs. Estacio noted that she re-applied for an extension Commissioner Smith wanted a clarification about what license the applicant was referring to. Mrs. Estacio stated `By child care licensing".. Commissioner Smith Y wanted to know when Mrs. Estacio learned that she needed an accessory use permit. Mrs. Estacio noted that after a Planning & Zoning meeting she discussed the issue with Commissioner Borup and Maccoy who suggested that she put in for 6 to 12 children anyway. She noted that subsequently Shari Stiles informed her that an accessory use permit would be required for 5 or fewer children. Commissioner Smith inquired about the number of children presently cared for at her home. Mrs. Estacio stated "eight". Commissioner. Smith referred to documentation, showing that 2 children were her own, 3 were foster children, and she cared for 3 others. Mrs. Estacio noted that the foster children will be attending another day care facility. 6. Troy Cerello offered his support for Mrs: Estacio's day care. He felt she was very responsible and caring when it cane to one of his own kids. He noted things like computers, books, and games that Mrs. Estacio provides to the children to make it a positive learning environment. r 7. Bill Long noted that he lives next door to Mrs. Estacio. He noted that he had never heard the kids and never noticed much traffic. He noted that he does not see any problem with a day care next door to his home. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 ELAINE ESTACIO - FAMILY CHILD CARE HOME IN AN R-4 6-5-98 -- FINAL 8. Kristi Evans noted that she lives around the corner from Mrs. Estacio. She noted that she worked for Mrs. Estacio for a few months'. She noted that she had a lot of respect for Mrs. Estacio, and how she runs her operation. , 9. Bobbi Hardy, Rebekkah and Jeff Salvatore, Jennifer Hardy, Jamie Gabbert, and Eva Dickens, all submitted letters of'support in regards to the day care k center. x 10. The Planning and Zoning Administrator, Shari Stiles, and Bruce Freckleton, Assistant to the City Engineer, had the following comments regarding r conditions for the Accessory Use. 3 1. Off-street parking shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning and Development Ordinance. 2. Outside. lighting shall be designed and placed to not directly illuminate any nearby residential areas, and in accordance with City Ordinance Section 11-2-414.D.3. 3. No signage shall be allowed. 4. Sanitary sewer and water to this facility would be via existing service lines. This site currently is assessed with one water hookup and one sewer hookup. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regard to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. The use shall be considered a commercial use and charged commercial rates. 5. Zoning Certificate and Certificate of Occupancy for the daycare . are required prior to operation. 6. No employees that are not residents of the home will be permitted. 7. Screened trash enclosures are to be provided in accordance with City Ordinance. r FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 ELAINE ESTACIO - FAMILY CHILD CARE HOME IN AN ,R-4 6-5-98 -- FINAL 4 8. The family child care home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 9. Applicant shall secure and. maintain a child care license from the Idaho State Department of Health and Welfare -Child Care , Licensing Division. 10. Applicant shall provide for screening of adjacent properties to a protect children from adverse�impacts and to provide a buffer between properties. 11. Applicant shall provide for a fence of appropriate height/construction, to enclose play areas. 12. If the accessory use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals will result in revocation of accessory use permit. 13. Family -child care homes are defined as a child care facility which provides care for five (5) or fewer children throughout the day. This includes the provider's own children. 14. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. 11. The Nampa & Meridian Irrigation District had no comment on the ; application unless it will impact the District's easement on the Ten Mile Drain. 12. The Central District Health Department desires written approval from the appropriate entities before they will approve the proposal for central sewage and central water. They will also require plans to besubmitted for a plan review. Additionally, a license must be obtained from their office. 13. The ACHD wants the site plan changed before they will review it. They also commented to the fact that they receive many calls from neighbors of day care centers. The neighbors concerns are those of traffic and the number of parked cars near existing day care centers.. The par: nts would typically make two round trips per day FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6 ELAINE ESTACIO - FAMILY CHILD CARE HOME IN AN R-4 6-5-98 -- FINAL (four one-way trips). The Institute of Transportation Engineers (ITE) data show that a typical day care created 4.65 vehicle trips per day per child. The proposed 5 child facility can be expected to generate 24 total vehicle trips per day. ACHD desires all future design plans and construction to be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. 14. Kenny Bowers, Meridian Fire Chief, requires all codes to be met. 15. Meridian Police Chief, Bill Gordon, submitted no comments. 16. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. 1 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 of the application by certified mail, return receipt requested, to owners of property which abut the external lot or boundary lines of the property, and properties across the street, alley and kitty corner to the property; "a notice of the application was published for two (2) consecutive weeks; and `a notice of the public hearing on the application for the accessory use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 12, 1998, the first publication of which was fifteen (15) days prior to said hearing. 2. The City of Meridian has authority to grant accessory uses pursuant to 11- 2410 D of the Zoning and Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 ELAINE ESTACIO - FAMILY CHILD CARE HOME IN AN R-4 6-5-98 -- FINAL permit. 3. The City of Meridian has authority. to place conditions on an accessory use 4. The City of Meridian has the authority to take judicial notice of its own ordinances and proceedings, other governmental statutes and ordinances, and of actual conditions existing within the City and state of Idaho. 5. The Zoning and Development Ordinances of the City of Meridian defines "Accessory Use or Structure", at Section 11-2-403 B as follows: Accessory Use or Structure —A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use or structure does not alter the essential characteristics of the principal permitted use and does not include a building which is defined herein as a dwelling unit. The Zoning and Development Ordinance of the City of Meridian defines, "Dwelling Unit" at Section 11-2-403 B as follows, "DwellingUnit — Any building or portion thereof which meets adopted building codes and is used as a residence or living quarters of one or more persons." 6. Section 11-2-410 D 1. of the Zoning and Development Ordinance of the City of Meridian provides in part: a. The accessory determination shall be based upon the relationship of the building, structure or use to the principal permitted use. Specifically, it must be habitually or commonly established as reasonably incidental to the principal permitted use and located and conducted on the same premises as the principal permitted use. In determining whether it is necessary, the following factors shall be used: (1) The size of the lot in question; (2) The nature of the principal permitted use; (3) The use made of adjacent lots; (4) The actual incidence of similar use in the area; (5) The potential for adverse impact on adjacent property; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8 ELAINE ESTACIO - FAMILY CHILD CARE HOME IN AN R-4 6-5-98 -- FINAL (6) The applicant must be the owner of the property under consideration and the user of the accessory use. b. Family child care homes and home occupations maybe considered to be permissible accessory uses in the R-4 and R-8 Residential Districts if they are approved after applying the following additional review procedures and the applicable accessory use standards of Section 11-2-410D2: These standards include the following: (1) The applicant shall be required to pay any additional sewer, water and trash charges or fees, if any are required. (2) The use shall be considered as a commercial use. (3) Pay the fee of eight dollars ($80.00). 7. The property is currently zoned (R-4) Low Density Residential District. The surrounding properties are zoned (R-4) Low Density Residential District, and are 0 residential homes. 8. The Zoning and Development Ordinance of the City of Meridian defines "Family Child Care Home", at Section 11-2-403 B as follows: Child Care Facility — Any home, structure, or place where nonmedical care, protection, or supervision is regularly provided to children under fourteen (14) years of age, for periods less than twenty four, (24) hours per day, while the parents or guardians are not on the premises. There are three (3) types of child care facilities: 1. Family Child Care Home — A child care facility which provides care for five (5) or fewer children throughout the day. It should be noted that in determining the type of child care facility that is being operated, the.total number of children cared for during the day and not the number of children at the facility at any one time is determinative. FINDINGS OF FACT AND CONCLUSIONS OF LAW — 9 ELAINE ESTACIO —FAMILY CHILD CARE HOME IN AN R-4 6-5-98 -- FINAL 9. Section 11-2-410 D 2. of the Zoning and Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission shall review applications for accessory use permits. This section provides: Family Child Care Home Standards: It is the intent of this provision to provide for accessory family child care homes which will not adversely impact surrounding properties due to children's noise, traffic and other activities, and which are located away from and properly screened from adverse impacts to the health, safety and welfare of the children. The following conditions shall apply: (1) . Secure and maintain a child care license from the Idaho State Department of Health and Welfare -Child Care Licensing Division if required. (2) Acquire an occupancy .certificate and/or building permit. (3) Provide one off-street parking space per employee which may the driveway to the home. (4) Provide for child pick-up area located off of arterial or collector streets. (5) Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. (6) Provide for a fence of appropriate height/construction, to enclose play areas, protecting children from traffic on arterial or collector streets. 10. This application for an accessory use permit has been judged upon the applicable standards and guidelines set forth in Section 11-2-410 D of the Zoning and Development Ordinance of the City of Meridian basis of guidelines, the record submitted to it and the things of which the City of Meridian may take judicial notice. 11. Applications of this nature are difficult because, notwithstanding objections from neighbors, the Zoning and Development Ordinance of the City of Meridian provides that the requested use is permitted as an accessory use if the standards are met. The Planning and Zoning Commission concludes, considering the applicable standards and guidelines set forth in Section 11-2-410 D of the Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW'- 10 ELAINE ESTACIO - FAMILY CHILD CARE HOME IN AN R-4 6-5-98 -- FINAL Ordinance. of the City of Meridian, the record submitted to it and the things of which the City of Meridian may take judicial notice, the Applicant has met the standards. Consequently, if the neighbors' objections are allowed to control it is not government by law. The law controls and the application for an accessory use permit shall be granted, and the use allowed subject to the conditions imposed. 12. Because conditions may be placed upon the grant of an accessory use permit, the Planning and Zoning Commission concludes that the following conditions of the grant of the accessory use are required, to -wit: a. As the ordinances of the City of Meridian only allow up to five (5) children under the Family Child Care Home, the Applicant shall be limited to a maximum of five (5) children, including her own children, to be cared for under this accessory use permit; b. The Applicant shall provide for a fence of appropriate height and construction, to enclose play areas, protecting the children from traffic, whether or not the traffic is on arterial or collector streets; C. The Applicant shall keep the children in the fenced yard at all times except for drop-off and pick-up times when the parents shall be required to bring the children into the Applicant's home and come into the home to pick the children up. The children shall at no time be allowed out side of the fenced area when not accompanied by an adult; d. The Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare -Child Care Licensing Division; e. The Applicant shall provide one off-street parking space per employee, if any, which may be the driveway to the home; f. The Applicant shall provide for child pick-up area located off of any arterial or collector streets; g. The Applicant shall provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties; FINDINGS OF FACT AND CONCLUSIONS OF LAW - - 11 ELAINE ESTACIO - FAMILY CHILD CARE HOME IN AN R-4 6-5-98 -- FINAL h. The Applicant shall meet the comments, recommendations and requirements of the City Engineer's office and the Planning and Zoning Administrator, which include, but are not limited to the following: (1) Off-street parking shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning and Development Ordinance; (2) Outside lighting shall be designed and placed so as not to illuminate directly any nearby residential areas, and in accordance with City Ordinance Section 11-2-414 D.3.; (3) No signage shall be allowed; (4) The ;Applicant shall provide any information that she may have with regard to her anticipated water demand, and the aApplicant shall enter into an Assessment Agreement with the City of _Meridian prior to operation., The use shall be considered a commercial use and charged commercial rates; (5) The Applicant shall secure a Zoning Certificate and Certificate of Occupancy for the Family Child Care Home prior to operation; (6) The Applicant shall provide screened trash enclosures in accordance with City ordinance; (7) The Family Child Care Home shall not adversely impact surrounding properties due to the children's noise, traffic and other activities; (8) The Applicant shall forthwith schedule an appointment with the Meridian Fire Department for inspection prior to operating; and (9) The Applicant's operation of the Family Child Care Home without proper approvals will result in revocation of accessory use permit. i. The Applicant shall meet and comply with the comments, recommendations and requirements of the Meridian Police Department, the Meridian Fire Department, the Meridian Sewer Department, and the Central District Health Department; and j. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a Family Child Care Home. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12 ELAINE ESTACIO - FAMILY CHILD CARE HOME IN AN R-4 6-5-98 -- FINAL 11-4 The above -conditions are concluded"to be reasonable and the Applicant shall meet these conditions of the grant of the application for an accessory use permit. 14. That testimony was given that stated the proposed use would not be in violation of the covenants, conditions and restrictions (CC&R's) of the subdivision in which the "pr"operty is located. It is concluded that the City of Meridian is not bound by a subdivision's CC&R's and does riot have to follow them. However, the City's action in granting -ah accessory use permit does not infer that proceedings -cannot be instituted by a property'owner to enforce the CC&R's against the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13 ELAINE ESTACIO - FAMILY, CHILD CARE HOME IN ANR-4 6-5-98 -- FINAL v APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER MACCOY VOTED COMMISSIONER NELSON' VOTED CHAIRMAN DeWEERD (TIE BREAKER) VOTED 'DECISION The Planning and Zoning Commission hereby decides and hereby approves the accessory 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, more particularly set forth at paragraph 12. of the 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. ?The accessory use shall be subject to review by the City upon notice of the Applicant. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14 ELAINE ESTACIO - FAMILY CHILD CARE HOME IN AN R-4 6-5-98 -- FINAL MERIDIAN CITY COUNCIL MEETING: JUNE 2 1998 APPLICANT: ELAINE ESTACIO ITEM NUMBER: 3 REQUEST: DISCUSSION REGARDING R-4 ZONING ORDINANCE AND IN HOME DAYCARE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 5/19/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: r)TNFR- All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 23 Berg: This discussion though is she wants the ordinance changed and it doesn't have anything to do with her applicatiomof just meeting the five children for an accessory use, if you under — her application isn't quite the same. Bentley: I understand what you're saying but my feeling still is its in P & Z even though its still going to go back and address her issue its before P & Z and I don't want to discuss it at this time. Rountree: Boy you're grumpy. Bentley: That's what the wife said. too. Corrie: What is happening here, I don't know whether you're understanding it or not but what she has"befofe the Planning & Zoning has nothing to do with this so what you're saying here is let her go ahead and go through the Planning and Zoning and then after that is done she can — do you still want to hear her plight? She can only go to the Council, she can't go to Planning & Zoning on it, she has to go to the Council after this is taken up with the Planning and Zoning then is that correct what I'm hearing? Bird: Well no, I see what you're — Rountree: I understand what you're saying, she has a completely different issue and one issue is the ordinance and one issue is her application, if she wants to bring up her application to us no, if she wants to bring up the ordinance to us she can bring it up for discussion. Corrie: That's what she was wanting to do so — Rountree: She wants to do that on the 2"d it appears. Bird: Mr. Mayor, I make a motion that we table this until June 2"d. Rountree: Second. Corrie: Motion made by Mr. Bird second by Mr. Rountree to table this discussion until June 2"d, any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All aye. ITEM #10: NON -DEVELOPMENT AGREEMENT HONOR PARK SUBDIVISION NO. 3 BY HON, HON AND NORRIS: Corrie: Counselor have you gone over this non -development agreement? MERIDIAN CITY COUNCIL MAY 19, 1998 PAGE 22 ITEM #9: DISCUSSION BY ELAINE ESTACIO REGARDING R-4 ZONING ORDINANCE AND IN HOME DAYCARE: Corrie: I don't believe she's here tonight. (Inaudible — away from microphone) Corrie: Well yeah she has got a — she was with the Planning and Zoning and has a daycare for one to six children and I think they approved that is that correct? Berg: No, she's before the Planning and Zoning with an accessory use application for I think it's five children and the P & Z at this point is at Findings of Fact and Conclusions of Law for the next meeting. . Bentley: Well if that's the case this shouldn't even be here. Corrie: Well the only reason this is here, she came in and talked to me and she said she Wanted to plead her case ,for having six to twelve children in a zone R-4, I explained to her that she had three options the way they — right now is — the council could change the whole zone to something else or they could change the ordinance if they wished or she could move, it sounds rough but,that's the three options and so — Berg: Two of those options have to go through the Planning and Zoning stage first. Bentley: Which is my point that this doesn't belong here because I'm not about to act on something that they 'still have before them and so — Corrie: That's what I told her. Rountree: Actually she's asking for June 2"d anyway but we still won't see anything from — Corrie: What's it on the calendar for now for? Berg: At the Planning and Zoning meeting she wanted and referred to her public hearing as meeting next week and this is the next week so — she will not have should I say the item to you until June. Corrie: She just wants to discuss it I guess. Bentley: My point is I'm not even willing to discuss it until its through P & Z, don't feel we should be jumping ahead of their time line order. r I 1934 NW 8TH Meridian, Idaho v' May 27, 1998 Meridian City Hall Mayor Corey 33 E Idaho Av Meridian, Idaho Dean Mayor and City Councilmen, I would like to address an item on the June 2nd city council agenda. Elaine Estacio will speak before you to request a public hearing concerning child care issues. Although Elaine does raise valid issues, we would like you to know that she does not represent the majority of child care providers or preschool teachers in Meridian. We feel there is a lack of professionalism and planning that may reflect negatively on us as professionals. There are some of us that feel the differences between the state child care requirements and those of Meridian city are unfair. We would like to request a public hearing to discuss issues and offer solutions to benefit us all. Again, we the undersigned, concerned citizens of Meridian, would like to request a public hearing concerning child care requirements in Meridian. Thank you. name address phone MIT-- 1001 1 PLEASE HELPHIV111911111! AS DAY<ARE PROVIDERS WE NEED TO UNITE TO FIGHT <ITY HALL ON THE RESTKI<TIONS WE HAVE ON THE K4 ZONING ORDINAN<E WHI<H PROHIBITS US TO 'BE LI<ENSED M A GROUP DAY <ARE FOR 6 TO 12 <HILDREN. IF YOU LIVE IN A R4 ZONING ORDINAN<E YOU <AN ONLY HAVE 5 OR FEWER <HILDREN, <OUNTING YOUR OWN <HILDREN, WE ARE NOT ALLOWED TO HAVE AN EMPLOYEE TO HELP US AT ANY TIME, AND EVEN THOUGH WE ARE ONLY WAT<HING A SOME AMOUNT OF <HILDREN, WE HAVE TO PAY <OMMER<IAL RATE FOR OUR WATER, SEWER AND GARBAGE THAT OUR FAMILY IS USING IN OUR OWN HOME. ONLY MER/PIAN l/TY LIMITS HAVE THESE REfTRk7-IONS MAKES YOU WONDER WHY WE MOVED HERE ??????? MERIDIAN <ITY ORDINAN<E IS TRYING TO KEEP IN-HOME DAY<AKES OUT OF OUR <ITY LIMITS (UNLESS YOU LIVE IN A R8 ZONE) AND MAKIN< IT HARD FOR ANY ONE TO FIND DAY<ARE. LIMITING US TO 5 OR FEWER <HILDREN MAKES IT IMPOSSIBLE TO MAKE A LIVING AND IT'S ABOUT TIME THE <ITY KE<OGNIZES THAT WE ARE PROFESSIONALS AND WE DESERVE THE SAME KE<OGNITION AS ANY OTHER RESIDENTIAL AREA. I HAVE MET WITH MAYOR <ORRIE TWI<E NOW AND HAVE <ONVIN<ED HIM TO LET ME SPEAK AT THE JUNE 2ND <ITY <OUNSEL MEETING, TO ASK FOR A PUDLI< HEARING, SO WE, RESIDENTS OF MERIDIAN, <AN SPEAK OUT ABOUT THE NEED WE HAVE FOR MORE DAY<ARE AND TO <HANGE THE KESTKI<TIONS ON THE K4 ZONING ORDINAN<E, FOR IN HOME DAY<ARES, TO ALLOW FOR GROUP DAY <ARE - 6 TO 12 <HILDREN. I AM ONLY ONE PERSON BUT IF YOU HELP ME, WE <AN MAKE A DIFFEREN<E FOR ALL OF US. PLEASE <ALL IF YOU WOULD BE WILLING TO HELP IN ANYWAY_ I TO, AM DOING IN-HOME DAY<ARE, HAVE 2 <HILDREN OF MY OWN AND I AM A FOSTER PARENT OF 3 S<HOOL AGE GIRLS. I HAVE TO SEND MY FOSTER GIRLS AWAY TO A DAY<ARE <ENTEK SO 1 DO NOT HAVE TO <OUNT THEM DURING DAY<ARE HOURS AND <AN ONLY <ARE FOR A MAXIMUM OF.) OTHER <HILDREN. I <AN NOT AFFORD TO DO TH15 FOR LONG UNLESS WE <AN GET TH15 `+GED. I HAVE SPOKE WITH A LOT OF DAY<ARE PROVIDERS HERE IN `' AND YOU ALL ASK, WHAT <AN WE DO TO <HANGE THIS, WELL THIS 15 „r M THE ONLY WAY AND IF WE DON'T STAND TOGETHER,.; NOTHING WILL EVER <HANGE. PLEASE<ALL. ME IF YOU WILL HELP. ALL I NEED IS FOR EVERYONE WE <AN GET TOGETHER, (PARENTS AND PROVIDERS), TO SHOW UP AT THIS <ITY <OUNSEL MEETING, (YOU DON'T HAVE TO SPEAK PLL DO THAT) 4U5T <OME, TO SNOW THEM HOW MANY PARENTS AND DAY<ARE PROVIDERS THIS IMPA<TS. I AM ALSO PUTTING TOGETHER A PETITION THAT I HAVE EN<LOSED, ALL THE SIGNATURES WE <AN GET TOGETHER, ANY LETTERS AND <OMMENTS I <AN PRESENT TO THE <ITY <OUNSEL TO SHOW THE NEED FOR <HANGE WILL HELP TOO. THANK YOU, ELAINE ESTA<IO 2)2 SO. OUTFIELD WAY MERIDIAN, ID 83642 PH. 887-0936 MERIDIAN CITY COUNCIL MEETING: MAY 19, 1998 a APPLICANT: ELAINE ESTACIO ITEM NUMBER: - 9 REQUEST: DISCUSSION REGARDING R-4 ZONING ORDINANCE AND IN HOME DAY CARE AGENCY COMMENTS CITY CLERK: SEE ATTACHED LETTER F CITY ENGINEER: CITY PLANNING DIRECTOR: P+ CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION:, M p, IDAHO POWER: W .. US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. R.Ec"ED MAY 1 ' l 1998 ul i L)RIVERIDIAN M 11 199 ay 8 Elaine Estacio 232 South Outfield Way Meridian, Idaho 83642 Ph. 887-0936 Mayor -Robert Corrie 33 East Idaho Meridian, ,Idaho .83642 Dear Mayor Corrie; I respectfully request the opportunity to be heard at the June 2, 1998 City Counsel Meeting, to show the need for a public hearing to review�changing the restrictions on the R4 zoning ordinance, for In-home Daycares, to allow for Group Day Care - 6 to 12 children. Sincerely, 46;1 14 Elaine Estacio NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on May 12, 1998, for the purpose of reviewing and considering the application of Elaine Estacio, for an Accessory Use permit for land located in Lot 11, Block 6 of Fenway Park #2, Boise Meridian, Ada County, Idaho, and which .property is generally located at 232 S. Outfield Way. The application requests an Accessory Use Permit for the operation of a Family Home Day Care for five or fewer children out of her hone. A more particular legal. description ,of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy- of the Application Js available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to Ir submit testimony. .Dated1his 22nd of April, 1998. PUBLISH April 24 and May 8, 1998. ,,ttt� tt tt 1�ff�11f/`ter/�� 0! - SWIL �JJlllrtlii ti191t\\\\ 5/5/98 Dear Planning and Zoning Commissioners: I, Elaine Estacio, would like to dispute the facts as I know them, against the letter in which you received from Jennifer Williams,- at .250 'South Outfield Way, Meridian, objecting.to my application for a zoning permit for the use of a in-home daycare at my ? home at 232 South Outfield Way, Meridian. When 1 started to do daycare in my home I put up an extra fence between us to make sure I would not disturb Mrs. Williams.'in her back yard; because she had a chain link fence, so I added a 6' cedar beside it for privacy. I also went to her and asked her if at anytime, the kids were disturbing her, and she said NO that she could hardly tell they were there, and besides they're just kidsH After that, she asked if she could bring her daughter to me'to watch, which 1, did for a short time, but I started to have problems with Mrs. Williams attitude towards me and my helper, The last day she brought her daughter, :her daughter became very sick, so I had to call Mrs. Williams to come and pick her up because she was vomiting, Mrs. Williams was very mad that she had to leave work to come and get her daughter just because 'she was ill. Became extremely rude to me, so 1 asked her to please seek other daycare arrangements. I know she has other versions of this but I had a helper working that day that can verify the problems which I was having with Mrs: Williams. Of course 1 was wonderful and extremely convenient to the William's until I asked her not to bring her daughter over anymore! I I As for her comments in her attached letter, Yes I have 2 children and, am currently volunteering as a fosterparent for 3 school age girls (sisters) until they go home- this June to they're mother. They are not home all day, but in school. Yes, I have been temporarily licensed for several months by the Ada County daycare licensing, for 6-12 children in my daycare and have been trying several things to either get a variance to the zoning restrictions for in-home daycares in R4 zoning, or to get this changed. i have had meetings and/or conversations about this with Dean Ehlert, ,Shari Stiles, the City Attourney, Wayne Crookston, Ada County Daycare, Licensor Deanna Rich, and our Mayor Robert Corrie. Until I `can get this resolved; I have -asked for an accessory use permit so I can } 'atleast "get my fire -inspection and begin my licensing. Mrs. Williams said in her letter that my kids are always outside, early in the morning playing and making a lot of noise and that they are coming from"5:30 a.m. to 9:00 a.m., which is not true, for one thing, it's been to cold (before the time she wrote this letter') to even consider going out in the mornings, I personally don't even get up in the mornings until 6:00 a.m.,}and I don't even unlock my doors most mornings until 7:00 a.m., most of my kids come between 7: 00 a. m. to 9: 00 a. m. Iserve breakfast every morning for these kids at 8:00 a.m., at 9:00 -10:00 a.m. we have learning, computer time and preschool activities everyday. Unless we are doing an art project like painting, we are not outside until after 10:00 a.m., and never before 9:00 s a � i a.m. at 11:15 approx. we have lunch and then immediately after lunch is nap time until 2:30 p.m. to 3:00 ° p.m. Yes if the weather permits we are' outside off and on after 3:00 p.m. and everyone is gone by 6:00 p.m. Monday through friday. As you can see they are outside ,in the morning very little if at all and never left unsupervised 'as she states. do not have rocks in my back yard and nor did I have a garden before the time she wrote this letter, I did plant a few,vegetable"s along the fence April 26th, which is only 2' wide. I really don't know how the kids could ever get bark into they're backyard when it's. 6; tall and, 2 fences thick. Besides the William's have 3 dogs in which the kids are afraid of if they are outside so they actually,stay away from that side of the yard. have never been in the William's back yard except for once when I asked, her if she would help me get my cat which was trapped in her chain link fence. I am afraid of her dogs and would never consider going into that yard without her present. Mrs. Williams says in her letter I am incapable to -run a decent daycare, but I was wonderful to her as long as I aloud her to, bring over her daughter, and if I was so bad why.do I have such loyal parents that bring py'rP children to me. As for parking, know one has ever blocked her driveway, a few times my niece was parking along the road between,our properties (mostly towards my side) Mrs. Williams told her she could not park there anymore so she doesn't, but at no time did she block her driveway. I have 3 parking} spaces in my driveway and atleast 3 spaces in front of my home, to -the best of my knowledge, 4NA one from the daycare has ever parked near theY'ra home. Mrs. Williams says l have no respect for my neighbors, if this was really true why is she the only one complaining, in fact I'm very good friends with a lot of my neighbors and on good terms with them all. In my opinion her complaints have nothing to do with me working at home, but a vendetta against me personally. Thank you Elaine Estacio 3 ;4, APR 2 1 1998 _ e.ITY OF IWERMIAN pLN ING & ZONING 40 r >. r "�•o'...w4 u`: of .� °t.,.,?t,• .+r ,, „ � 7 , els .'"�tS' L, . a' ' �'� `. ..�',s '� 3.:r�€ � �8�, ,S±Y�"i < _ " 1tA e-5 /a ca� }x t a. Ci �� h C2 _ •yep_ f._„ �,� . �..3_.� .--�t.,-,:.>„r @"` •�, V` a"s...& .d.�$a..--` �s�.m��,e+�`^%i4,o��� 4 �.'�' t w.� 4,.r'-.�^ �'�+.,d . .I .,� .4„„a -,w` $'. r.,✓ € ^�'.'^r g. t""✓ * gra . ^1,_ `...d.-�7?ti...✓ 4 Q � Y c;jC— L k— JJ�. , a+Y s J. ai'k "'_ '',""-'I A it �_- 40 (�utD cA� paA-,kaA CL5 , A-V-L� ct-n�J,- .00 gym-ifl, 1p Q r j . gi� 5"t .!i!: 11PRO I ..o "'0 INK` 11jo 50 lgi� If, A-V IN, . ww'. Pill F- OK ��•TALL/ TOT5 IN -H 0--M-E I>AY<AKE AP 23*2 50.OUTFIELD WAY MERIDIAN, ID 83642 ?H. 897-0,9),6 ai 4-0 it qP.t;Nt:. 5:00 PICK STP TOYS, I � O S, t��..TIET TIME 6:00 CLOSED 3 w � i • • FINISHED 3 CAR GARAGE MADE INTO A PLAY ROOM • 7:00 OPEN DOORS 8:00 BREAKFAST 8:30 CLEAN UP TIME, TOILET AND DIAPER CHANGING 9:00 PRESCHOOL ACTIVITES, COMPUTER TIME 10:30 PLAY TIME 11:00 PICK UP TOYS WASH UP FOR LUNCH 11:15 LUNCH 11:45 CLEAN UP TIME, TOILET AND DIAPER CHANGING 12:00 NAP TIME 2:45 TOILET AND DIAPER CHANGING TIME 3:00 AFTERNOON SNACKS 3:30 PLAY TIME 4:30 TOILET AND DIAPER CHANGING TIME i 5:00 PICK UP TOYS, (QUIET TIME 6:00 CLOSED TOTALLY, for TOTS I. The daycare is open Monday -Friday 7:00 a.m. to `6:00 p.m. Closed weekends and most all holidays. ALL CLOSURES WILL BE PO TED ONE MONTH IN ADVANCE (omitting an emergency). 2. All forms must be completed and signed prior to child's first day enrollment. I The daycare will provide breakfast, lunch, and afternoon snacks for fulltime children. All I meals are in accordance with the federal government guidelines for the nutritional needs of children. • 4. Children are not allowed to bring candy or food unless it is for a special occasion such as childs birthday treats or holidays and must provide enough for all other children when pre- arranged with daycare. ABSOLUTEL YNO GUMATANYTIME PLEA E !!!! 5. All contracted days will be charged in full, including sick days and holidays. Please note tuition rates are for a maximum of 9 hours per day. Additional hours will -be charged at the hourly rate. If parent is going to need additional time they are to call and inform the daycare or make arrangements ahead of time. 6. Tuition is due in advance and may be paid monthly, bi-monthly or weekly. A ten dollar a day late charge will be assessed for any payment not'made on the agreed date. There will be a $20.00 service charge for all returned checks and there after all payments will be paid by money order or cash only. &..The daycare will not be responsible for children bringing their own toys to the daycare if lost or broken. Please do not let your child bring coins ojatly kind or small toys which the smaller children could choke on or swallow, 9. All children are accepted on a .one month trial basis. After the trial period, a two week written notice is required to cancel this contract by either the daycare or parents. With the exception, if at any time the daycare feels that child is putting another child at the daycare in any type of danger of physical or emotional harm the daycare reserves the right to cancer all contracts ' 1 notice. MEDICATION POLICY All prescription- medications must be in their original container with the physicians directions on the label. Prescription medications can only be administered if we have written permission from the parent. You will be required to sign a form each time you bring a new prescription medicine to the daycare. Over the counter medications will be administered with written permission from the parent. MEDICAL EMERGENCIES If an emergency situation exists staff will call 911. Staff is trained in First Aid and CPR and will use their skills until help arrives. You will be contacted as sown as medical assistance has taker! over. If a -non-emergency situation arises I will first contact the parent or back up name listed and request that the, necessary arrangements be made. Scratches and scrapes are inevitable when children play. Minor injuries will be treated with soup and water and a Band-aid. DISCIPLINE We encourage positive behavior by modeling respect and understanding of each others needs. We do not find it necessary to yellor threaten children to gain . acceptable behavior. We use time out as a tool to give the child time to think about his behavior. The unacceptable behavior is first identified and the acceptable alternative is modeled. If the child continues the undesirable behavior he is sent to take a time out for 3-5 minutes. After the time out the child will be reminded of the behavior that is expected of him. After several time outs without successful results a child might be sent to rest on his nap pad for 1/2 an hour. Every effort is made to see that your child experiences a positive environment. Shaming or belittling a child is not allowed. RLT 1"W IATOM Every effort is -made to have your childs environment as sanitary as possible. if your child is in diapers we require a plentiful supply of diapers at all times.(We will use cloth diapers only if there is a medical reason to do so, in this case the parent will be responsible for washing and returning an ample supply of clean diapers regularly.) All care givers will wash their hands after diapering and before preparing food. 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M M� 1__ .rM � "1� -M � it ,-- . - HW-0379 STATE OF IDAHO REV.1/95 DEPARTMENT OF HEALTH & WELFARE Day Care Permit APPLICANTS AND ANY OTHER OWNERS, OPERATORS, EMPLOYEES AND VOLUNTEERS ATA DAY CARE FACILITY HAVING DIRECT CONTACT WITH CHILDREN MUST COMPLY WITH A CRIMINAL HISTORY CHECK ID NO RELEVANT CRIMINAL HISTORY CONVICTION A criminal history check pursuant to Idaho Code Sectiori 39-1105 has been completed regarding the following individual: ELAINE-. L,.". ESTACIO ."s - Name of DiV Care Provider` NO RECORD HAS BEEN FOUND pursuant to Idaho Co Section 1, 9-1113 and 39-1115(3) that this individual has born found guilty of or received a withheld judgement for any offense involving iegiec; or any physical injury to or other abuse of a child including the following offenses or a similar provision in another jurisdiction: Injury to a child; section_ MI MI, iL Codes Thr sexual abuse of a child under sixteen (16) years of age, section I8-1506, Idaho Cods The ritualized abuse of a child under eightceit (18) years of age, section 18-1506A Idaho Code. The sexual n of exploitatioa child, section 18.1507 or 1&1507A, Idaho Coda Lewd conduct with a child under the age of sixteen (16) years, section 18-1508, Idaho Code. The sale of barter of a child for adoption or other purposes; section 1&1511, Idaho Code. Murde , section 184001 or 184003, Idaho Code. Voluntary manslaughter, section 184006, Idaho Code. Rape, section 186101 or 186108, Idaho Code. Incest, section 186602, Idaho Codes Forcible sexual penetration by use of foreign object, section 186606, Idaho Coda - The above-named individual is hereby authorized to provide day care services to children in an approved facility meeting the mquirements of a Basic Day Care License or Certification DATED this 11TH day of, SEPTEMBERt Z9 ,19 97 Family and C ' 's Services Program Manager MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 12, 1998 a APPLICANT: ELAINE ESTACIO AGENDA ITEM NUMBER: 13 1 3 REQUEST: ACCESSORY USE PERMIT FOR A HOME DAY CARE AT 232 S. OUTFIELD WAY AGENCY COMMENTS CITY CLERK: x; CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 MEMORANDUM: To: Planning & Zoning Commission From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 Re: REQUEST FOR ACCESSORY USE PERMIT FOR A HOME DAY CARE at 232 S. Outfield Way by Elaine Estacio May 5, 1998 rVF ED MAY 0 5 1998 C1, Y' OF MERIDIAN We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. Outside lighting shall be designed and placed to not directly illuminate any nearby residential areas, and in accordance with City Ordinance Section 11-2-414.D.3 3. No signage shall be allowed. 4. Sanitary sewer and water to this facility would be via existing service lines. This site currently is assessed with one water hookup and one sewer hookup. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regard to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. The use shall be considered a commercial use and charged commercial rates. 5. Zoning Certificate and Certificate of Occupancy for the daycare are required prior to operation. b. No employees that are not residents of the home will be permitted. 7. Screened trash enclosures are to be provided in accordance with City Ordinance. 8. The family child care home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. Fs=io.AUP Mayor, Council and P&Z May 5, 1998 Page 2' 9. Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare -Child Care Licensing Division. 10. Applicant shall provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. 11. Applicant shall provide for a fence of appropriate height/construction, to enclose play areas. 12. If the accessory use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals will result in revocation of accessory use permit. 13. Family child care homes are defined as a child care facility which provides care for five (5) or fewer children throughout the day. This includes the provider's own children. 14. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. Estacio.AUP KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT 2POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION RELIM & FINAL PLAT) IDAHO TRANSPORTATI PARTMENT YOUR CONCISE REMARKS: Est: MAY - 6 16-48 CrrY OF MERIDIAN Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO . MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) $87-2-111 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 8. 1998 TRANSMITTAL DATE: MAY 1 1998 HEARING DATE:—MAY 12, 1998 REQUEST: ACCESSORY USE PERMIT FOR HOME CHILD CARE BY: ELAINE ESTACIO LOCATION OF PROPERTY OR PROJECT: 232 S. Outfield Way JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P2 _BYRON SMITH, P/Z ___-KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _,,,RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C ____KEITH BIRD, C/C _GLENN BENTLEY, C/C —WATER DEPARTMENT _SEWER DEPARTMENT —BUILDING DEPARTMENT FIRE DEPARTMENT 2POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMAT710NOPRELIM & FINAL PLAT) IDAHO TRANSPORTATI PARTMENT YOUR CONCISE REMARKS: ff MAY - 6 19-98 CM OF MERIDIAN P� Zg � McEIvM �3 MAY i i 1998 QfY OF 1[£RiDIAM 'll�uit�ia 8t 'i�le�ua<a�i ��uy�ct D1Q0'tl.Ct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2Qkjtft! CUXX 208-463-0183 7. May 1998 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466 06633 City of Meridian xexxx0)0aaxx 33 .East Idaho Meridian, ID 83642 RE: Accessory Use Permit for Home Child Care - Elaine Estacio Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application unless it would impact the District's easement on the Tenmile Drain. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 May 10, 1998 Shari Stiles Zoning Administrator City of Meridian 2000 East Carlton Suite #201 Meridian, Idaho 83642 Dear Shari Stiles, I'm writing to let you know that we are in favor for Elaine Estacio to receive her license permit to run her day care at home. In response to the complaint. We like to state the fact of what we do and see as customers of Totally for Tots. 1) We do unannounced drop in visits periodically. No time did we ever find the kids unattended or left to just roam. 2) We do arrive early in the morning @ 7:30am and also when we leave @5:15pm, at no time have we, or have we seen anyone park at the house at 250 S Outfield Way. Usually the cars are parked at Mrs. Estacio's driveway or in front of her house. In our situation we have searched for a quality day care. We have very high standards that we expect and Elaine Estacio has met these standards. By showing us a safe, clean and well kept environment. Also Mrs. Estacio has a very educational program with many activities for my son. Should you decide to decline Mrs. Estacio a license permit to run a day care at her home. It would be a great injustice to Mrs. Estacio and also to other Meridian residents. In denying us an affordable, trusting and good quality care for our kids. Sincerely, Rebekkah and Jeff Salvatore 'We, Rob and Shawnna Harris, have chosen Elaine Estacio to be our child care provider for our son, Tyler Harris, almost one year ago. 'We feelvery secure and confident to leave I-yler with Maine. She is very capable and responsible in providing care to the children in her daycare. ?'he fact that Elaine has taken on the added responsibility of becoming a foster parent as well as running a daycare shows that she is an outgoing person who cares about the well being of others. We have stopped in unannounced on d fferent occasions and have never seen any children unsupervised whiCe in her care. �We support and encourage Elaine to expand her daycare. In our- opinion she is more then capable of the added responsibility. ^Ve feeCthat she shouCd be licensed to provide care for the children she has now. Maine is truCy a person who enjoys what she does. 'We hope she is able to continue with no further problems. 'We wouCdnot feeCcomfortabCe with our son in any other daycare situation other then hers. Thank you, _:____--.----_---_� `'� � -_-� ern _ �,t _��� __.�.�o-n c�.n..► May 8, 1998 FrIC-ErVEID MAY 1 1 1998 t11TOFMEMMN -PNNG & ZONM To whom it my concern, My daughter Jalyn has been in Elaine Estacio daycare for the past year. In that time she has been taken very good care of. Thanks to Elaine's love and care for her she is very happy and stable. Jalyn has progressed and learned, daily working on the value of friends, sharing, discipline an comes home with new knowledge. I had the option of dropping my child off at a large, cold, organized day care but instead I liked long and hard for a warm loving, (home) environment, Elaine provides these children with much more than baby-sitting. Jalyn comes and goes at all different hours of the day. Never have I noticed cars parked in front of neighbors houses. Nor is there need to park anywhere else but in front of Mrs. Estacio house, there is more than plenty room. I have the satisfaction of knowing that Jalyn is cared for, supervised, taught new things daily and loved. Sincerely, Jamie Gabbert The Language Link of Idaho Translation, DTP &. Foreign Language Typesetting REcEPvrED MAY 1 1 1998 CITY OF MERIDIAN May 6, 1998 PLANNING & ZONING Shari Stiles Zoning Administrator City of Meridian 200 East Carlton, Suite 201 Meridian, ID 83642 Dear Ms. Stiles: I am writing regarding the home day care "Totally for Tots" that Ms. Elaine Estacio of 232 S. Outfield Way operates. My 2 year old son has been under the care of Ms. Estacio since September of 1997 and I couldn't be happier with the care of my son. l drop offmy son between 8:30 and 9:00 a.m. and generally, by that time, all the other children are already there. I can easily see that all the children are well attended to and properly taken care of. She has a daily schedule she follows with the kids and runs her day care in a very professional and nurturing manner. The statements that her neighbor make in her letter of objection are simply not true. I feel much more comfortable with my son at Ms. Estacio's home day care than having to put him in a nationally or locally operated franchise day care. I feel he has much more personal care and being in a loving home environment is what I want for my son. Please take this information into consideration. I sincerely hope I can continue to let Ms. Estacio care for my son. Sincerely, &C— Eva Dickens Director - Translations 2632 N. Goldeneye Way, Meridian, ID 83642 • 208-898-9869 • Fax 208-898-9887