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Fabian, Michelle AUP 07-008
~'~, Kristy Vigil From: Kristy Vigil Sent: Monday, April 09, 2007 12:42 PM To: Kenny Bowers Subject: In-home for 6 or fewer daycare inspection Hi Kenny, Can you please contact Michelle Fabian at 884-4097 for an inspection located at 2630 Rebecca Way. Thanks, Kristy . ;,, CITY OF ~~ _ L erl~lcn _- IDAHO ~~ Ce~FR ~ TREASURE VA~'Y SIMCE 1903 MAYOR Aril 13 2007 Tammy de Weerd p CITY COUNCIL MEMBERS Keith Bird Michelle Fabian 7oseph w. Gorton 2630 RebeccaWa Charles M. Rountree Y David Zaremba Meridian, Idaho 83646 CITY DEPARTMENTS RE: .Accessory Use Permit application (AUP-07-008). City Attorney/HR Mailing Address: Dear Ms. Fabians 33 E. Idaho Avenue street Address: This letter is to confirm the approval to operate a family day care facility for six 703 N.Main Street or fewer children located at 2630 Rebecca Wa and to include the following on-going 898-5506 (City Attorney) y 898-5503 (HR) conditions of approval: Fax 884-8723 Fire 1. The applicant is .limited to six children at the facility at one time, excluding 540 E. Franklin Road the applicant's own Children. 888-1234 /fax 895-0390 Parks & Recreation 2. The applicant shall maintain the approved on-site vehicle pickup, parking 11 w. Bower street -. and turnaround areas. The applicant shall also maintain the approved design 888-3579 /fax 898-5501 of the outdoor play areas. Planning 660 E. Watertower Street 3. Hours of operation shall be between 6:00 a.m. to 11:00 m. Outdoor la Suite 202 areas shall not be used after dusk. p p Y 884-5533 /fax 888-6854 Police 4. In no wa shall the famil y p 1401 E. Watertower Street Y y da care cause the remises to differ from its 888-6678 /fax 846-7366 residential character in appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical interference. Public Works 660 E. Watertower Street Suite 200. Failure to meet the above stated conditions shall be deemed a violation of the Unified 898-5500 /fax 895-9551 Development Code. - Building 660 E. Watertower Street The applicant, Director, or a party of record may appeal this decision or a condition of Suite 150 approval by requesting City Council review of this decision. All requests shall be filed 887-2211 /fax 887-1297 in writing with the Planning Department within fifteen (15) days of the date of this letter - wastewater and comply with the provisions of UDC 11-SA-6B. 3401 N. Ten Mile Road 888-2191 /fax 884-0744 Sincerely, - Water 2235 N. W. 8th Street ~~(~, ~~~/~ ~" . 888-5242 /fax 884-1159 S Kristy Vigil for Anna Borchers Canning CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888- 4215 FINANCE & UTILITY BILLING -FAX 887- 4813 MAYOR'S OFFICE -- FAX 884-8119 /`~ CITY OF M~ .DIAN PLANNING DEPARTMENT A. .ESSORY USE STAFF uFpnuT DATE: April 13, 2007 TO: Anna Canning, Planning Director FROM: Kristy Vigil, Assistant City Planner SUBJECT: .Application for a family day care facility by Michelle Fabian. Request to Operate a Family Day Care Facility for Six or Fewer Children out of her home located at 2630 Rebecca Way. We have reviewed this submittal and offer the following comments: APPLICATION SUMMARY The applicant, Michelle Fabian, has requested approval to operate a family day care facility for six or fewer children out of her home located at 2630 Rebecca Way, Meridian, Idaho. The property is zoned R-4, which allows for a family day care facility with written approval from the Planning Director. LOCATION The property is located at 2630 Rebecca Way in the SW '/< of T. 3N., R. 1 W., Section 2. APPLICABLE CODE Section 11-4-3.9 of the Unified Development Code (UDC) for the City of Meridian. lists specific criteria for day care facilities that serve children: 1. In determining the type of day care facility, the total number of clients cared for during the day and not the number of clients at the facility at one time, is the determining factor. In the case of a child day care, the operator's children are excluded from the number. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. 5. All outdoor play areas shall be completely. enclosed by minimum six-foot (6') non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the Meridian City Municipal Code. AUP-07-008 Fabian, Michelle PAGE 1 /'\ /1 CITY OF M~ iDIAN PLANNING DEPARTMENT A..,;ESSORY USE STAFF REPORT 6. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 7. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. 8. In no way shall the family day care cause the premises to differ from its residential character in appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical interference. 9. Off-street parking shall be provided as set forth in Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. STAFF RECOMMENDATION Staff recommends approval of the accessory use for Michelle Fabian with the comments noted above and following on-going conditions of approval: 1. The applicant is limited to six children at the facility at one time, excluding the applicant's own children. 2. -The applicant shall maintain the approved on-site vehicle pickup, parking and turnaround areas. The applicant shall also maintain the approved design of the outdoor play areas. 3. Hours of operation shall be between 6:00 a.m. to 11:00 p.m. Outdoor play areas shall not be used after dusk. 4. In no way shall the family day care cause the premises to differ from its residential character in appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical interference. AUP-07-008 Fabian, Michelle PAGE 2 f CITY OF erl~lcn _ = ~~, IDAHO Sys c~~~F R ~ TREASURE V P~'Y ~90~ MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR Mailing Address: 33 E. Idaho Avenue Street Address: 703 N.Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 888-6854 Planning 660 E. Watertower Street Suite 202 884-5533 /fax 888-6854 Police 1401 E. Watertower Street 888-6678 /fax 846-7366 Public Works 660 E. Watertower Street Suite 200 898-5500 /fax 895-9551 - Building 660 E. Watertower Street Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2235 N. W. 8th Street 888-5242 /fax 884-1159 March 21, 2007 l"" ~ RE: Application for the operation of a Family Day Care for six or fewer children located at 2630 Rebecca Way. To Whom It May Concern: This letter is to inform you that Michelle Fabian requested approval to operate a Family Day Care for six or fewer children out of her home at 2630 Rebecca Way, Meridian, Idaho. You are. invited to submit comments, either for or against this request. All comments must be filed with the Planning Director within 15 days after the date of this letter and should be addressed to Planning Director, City of Meridian, c/o Kristy Vigil, Assistant City Planner, 660 E. Watertower Ln., Ste. 202, Meridian, Idaho. Sincerely, . ~~ Kristy Vigil for Anna Borchers Canning, AICP Planning Director CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888- 4218 FINANCE & UTILITY BILLING -PAX 887- 4813 MAYOR'S OFFICE -- FAX 884-8119 ti N d7 W O CD CD `^, `^J• ~.V ~G m /'\ .TEN MI /"\ /'~ `'i ;5" 's t r ~"? $ ,~' ~f~ '~.` , «>.~F~n ~~, _,~ _~ -- __ .. ~.r __ ., l~1 Planning Department ACCESSORY USE ^ Application Checklist Project name: ~ ~(~ ~ ~n.~~~1 File #• Applicant/agent: All applications are required to contain one copy of the following: Applicant ~~ Description Staff ~) Com feted & si ned Administrative Review A lication --- - Narrative full describin the ro osed re uest ----~ Recorded warran deed for the subject ro e Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation, submit a co of the Articles of Into oration or other evidence to show that the rson si ~ is an authorized ent Scaled vicinity map showing the location of the subject property (can be obtained from the Plannin De artment Scaled or dimensioned site plan showing the boundaries of the property, floor plan of house, ,and arkin and and areas.. '"C.J Fee Additional Re uirements for Da Care A lications Include the following additional information in the narrative: - The total number of children ro osed to be cared for durin the da Include fencin details on the site fan location, a of fence Standards for Da Care Facilities, Statement of Com fiance form si ed b a licant ---~'' Additional Re uirements for Home Occu ation A lications Standards for Home Occu ations, Statement of Com fiance form si ned b a licant APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED. ~ `"')( 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 2/13/07) r ~:.,,rx ~%~r~~t~n ~'~ ~~ ~~ of Review t..~ all that 1'h Planning Department ADMINISTRATIVE REVIEW APPLICATION .Accessory Use ^ Alternative Compliance ^ Certificate of Zoning Compliance ^ Conditional Use Permit Minor Modification ^ Design Review ^ Private Street ^ Property Boundary Adjustment ^ Short Plat ^ Temporary Use Certificate of Zoning Compliance ^ Time Extension (Director) ^ Vacation ^ Other Information Applicant name: e Phone: Y~ Zip: Phone: Zip: Applicant address: 'b Applicant's interest in property: ` ,Own ^ Rent ^ Optioned ^ Other Owner name: ~ __+C ~ l o M . ,1 \(~,t,{1 Owner address: ~Q~'(1P, Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Primary contact is: Applicant ^ Owner ^ Agent ^ Other Contact name: E-mail: Information Location street address: Assessor's parcel number(s): ~ Phone: Zip: Phone: Fax: Township, range, section: ~ N ~ Vy ~ ~d Total acreage: ©. ,~ ' Current land use: ' 1 ~~~ ~(.e/4~i ~~ Current zoning district: ~ " `7 STAFF USE ONLY: p File number(s): ~'~P-~ ~'"' ~~_ Project name: ` 1 Gm->° ~ ~"~' Date filed:-~'" ~ Date completer Assigned Planner: ~ ~_ Related files: 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org I (Rev. 9/21/06) Project/subdivision name: Gene ~al description o,~proposed projectrrequest: Proposed zoning district(s): ~i' "1 Acres of each zone proposed: ~. Type of use proposed (check all that apply): ^ Residential ^ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): GrOSS derislty (DU/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^Singie-family ^ Townhomes ^ Duplexes ^Muiti-family Non-residential Project Summary (if applicable) Number of building lots: f Other lots: Gross floor area proposed: 90 G ~ f ~ Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name:. ~ /1 °~ / Applicant signature: ~ ~~- Date: ~ D ,,,. 660 E. Wate er Lane, Suite 202 • Meridian, Idaho 83642 ~.-'"Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 /'~~ ~ Michelle Anne Fabian March 12, 2007 2630 Rebecca Way Meridian, ID 83646 To Whom It May Concern, I intnend to open a family day care for six or fewer children. I will be using the upper portion of my house including the kitchen,living room, dining room, bathroom and at least one of the bedrooms. I will be open for drop off at 7:00 a.m and for pick up no later than 6:30 p.m, Monday through Friday. I have a drive way for pickup/drop offs which has ample room for turning around. I will have no other employees. The fencing behind and to the sides is six foot fencing and I will be installing ~ foot fences with one gate to the sides of the house. 51 X /'t /'~ CC3479 WARRANTY DEED FOR VALUE RECENED Kevin D . Field and Gwenda L . Field, husband and wifb the Grantor, does hereby grant, bargain, sell and convey unto Tric M. Fabian, an unmarried man the Grantee, whose address is 2630 Rebecca Way, Meridian, ID, 83642 the following described premises, to-wit: Lot 9 in Block 4 of 3unnybrook Farms No.2, according to the plat thereof filed in Book 4b of Plats at pages 3768-3769, Affidavit recorded May 7, 1979 as Instrument No.7936758 and Affidavit recorded July 5, 1979 as Instrument No. 7967581, and Affidavit recorded Februayr 11, 1980 as Instrument No.8007158, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor do hereby covenant to and with the said Grantee, that he the owner in fee simple of said premises; that said premises see free from all encumbrances; except for general taxes and assessments for the year 2003 and subsequent years, covenants, conditions, restrictions and easements of record; and that he will warrant and defend the same from all lawful claims whatsoever. DATED: July 27, 2004 Kevin D. Field Gwenda L. Field STATE OF Idaho COUNTY OF Canyon Dn this _ day of July in the year 2004, before ~, a Notary Public, personally appeared Kevin D. Field and 6wenda L. Field known ar identified to me to be the persoa whose name are subscribed to the within instrument, and acknowledged to me that they executed the s~at~. Notary Puitlic Reaidiog at Caldwell, Id Nly ca~nission expires 05!20108 PIONEER TITLE COMPANY OF CANYON COUNTY "CANYON OFFICE" 5680 E. FRANKLIN, STE. I50 TEL. (208) 465-6655 /" t AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, ~c-~ c ~ . ~ab r ~~,~ 3o zbe~ (~v~ ~~ 1 ~~l (name) ~ ~ (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: ~Q (name) (address) to submit the accompanying application(s) pertaining to that property 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grapt permission to City of Meridian staff to enter the subject property for the purpose of site inspections rebated to professing said application(s). Dated this ' ~~ day of ~~'C ~ ~ 20~T (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. MARTIN McDONALD NOTARY PUBLIC STATE OF IDAHO G (Notary Public for Idaho) Residing at: ~ : 5..~_ S~ My Commission Expires: ~S 2a71 /"~ n i~Y, -- -~.-.-.___...___-_.__ ___. (ilerJa PldelU2U Ya~N6 LOCATION MAP --- ,_ ' Borrower/Clienl Eric Fabian '- AddreSS 2630 Rebecca Way - -- ---- __ ---- _ Unit No Nh - Cit tle~id'ian - -. __--- --- --- Y -- -_._~ ~__- County nda _. _- Slate rda(w _ LenderlClient Pacific ~ --- -- Tip Code 83641 _ Republic 61orh,~age (icu9nCA 6y UnAM Syslefrd SofWiare Cmn(ctry (!kl(ry 969-8727 r. 1 t' n Fge Ne. N407020 ('age N5 SKETCH BOtrowedCiienl Erk Fabian (~d(Jrgg$ 2630 Rebecca WaY Unit N0. N~ Cily MerkYan Gpgnty Ada State Idaho Zip Code 83642 Lender/Glienl ~~ Reaubec r~torc~e o*- Designed ~ United Systems SoAwme company (B0~ 969.8727 STANDARDS FOR HOME OCCUPATIONS STATEMENT OF COMPLIANCE UDC 11-4-3.21: Home Occupation: The following standards apply to all home occupation uses with the exception that strict adherence to the standards contained in sections 11-4-3.21B, 11-4-3.21 C, 11-4-3.21E, and 11-4-3.21F in the TN-C and TN-R Districts is not required: A. In no way shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent (25%) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials may be stored in an attached garage or storage area, provided it shall not reduce the required off-street parking below the standard established for that district. C. No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. D. The home occupation shall not involve the use of more than one (1) commercial vehicle. E. The home occupation shall not have more than two (2) out-going pickups per-day from a common carrier. F. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one (1) nonresident employee shall be permitted. G. The home occupation shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. H. No retail sales shall be permitted from the dwelling except the sale o£ a) services or items produced or fabricated on the premises as a result of the home occupation; or b) products related to the home occupation. Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m. Certification: I have read and understand the above standards for the operation of a home occupation and cert~ that I will conduct my business in accordance with these standards. If I cannot meet these standards, I am not allowed this accessory use. ,,'''`~ l f 3 ~z Applicant's Signature~~ ~~~ ~; Date: ~ ~. STANDARDS FOR DAY CARE FACILITIES STATEMENT OF COMPLIANCE UDC 11-4-3.9: Day Care Facility A. General standards for all child day care and adult care uses, including the classifications of day care center; day care, family; and day care, group: 1. In determining the type of day care facility, the total number of children cared for during the day and not the number of children at the facility at one time, is the determining factor. The operator's children are excluded from the number. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho Department of-Health and Welfare-Family and Children's Services Division. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. B. Additional standards for day care facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the Meridian City Municipal Code. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. Certification: I have read and understand the above standards for operation of a day care facility and certify that I will conduct my business in accordance with these standards. If I cannot meet these standards, I am not allowed this accessory use. af~~ ) _ Applicant's Signature: f/ ~` Date: J Z ~~ `;: ,~inccik C ~ ~ .v . ~ 8~„_ y. -~ t. ,v ~~.~ ~_ r~ _.._.~ ~ ~ . t ~~.f,~ iN ~~I ` .,. ` ~ _ r ' ~'_ 4 ® ~ ~,~~55~~ ' ~ 1 3* , 1 ,-,/~ ' ~-- ` Y-~. ,.r ~'- ~ . S _ ~_ x -.~ ,_ ~ ~_'~ ~ L ~ ~~ ~~ _ ~ , '~~ ~ ~-_w ,~ ~ - Q ~..,_~ ~ o ~.. Q r~ ~ `~' ,Y N ~y~ ~ z ~ ~ m z~ ~ rib 1.: ^~~ - .., ,t ctrx of ~rl~lcn ~1 ~ 33 E. Idaho Ave. \~ Meridian, ID 83642 Date - ~ -Q Applicant Address / Phone a CASH CHECK # NAME ON CHECK IF DIFFERENT THAN APPLICANT / ~~V ~ ~ a I I I I I I I I 1 I I I I i i I + I I I I I I I PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION TAX ~ 9 ~ 9 3 Receive By TOTAL 8 ss~ae eJiti~Q%?/~i ~~GY,/ a