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CC - Staff MemoEIDIAN,-- IDAHO / March 20, 2020 MEMORANDUM TO: Mayor & City Council CC: Nick Frazier; Elisabeth Songe FROM: Joseph Dodson, Current Associate Planner RE: Frazier Council Review (H-2020-0011) Mayor Robert E. Simison City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault Luke Cavener Liz Strader The item before you is a request by the applicant, Nick Frazier, to review Director approval of an Accessory Use Permit for a family daycare (six or fewer children) operating out of his neighbors home, located at 5343 N. Maplestone Ave. Please see Appellant Narrative for why they are seeking Council review (appeal) of Staff's approval. The application in question (A-2019-0388) was approved on January 2, 2020 for the benefit of Elisabeth Songe. Mrs. Songe submitted all required documentation to the Planning Department and agreed to all applicable conditions of approval and specific use standards set forth in UDC 11-4-3-9. A letter of approval and the requisite Notice of Approval was signed by the Planning Division Manager on January 2, 2020. For reference, below are the specific use standards (11-4-3-9): A. General standards for all child daycare and adult care uses, including the classification of daycare center; daycare, family; and daycare, group: 1. In determining the type of daycare facility, the total number of children at the facility at one time, including the operator's children, is the determining factor. 2. On-site vehicle pickup, parking and turnaround_ areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org 4. Upon tentative approval of the application by the director or commission for a daycare center facility, the applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be provided prior to issuance of certificate of zoning compliance. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. 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. 6. Prior to submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting in accord with subsection 11 -5A -4B of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subject property. B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non -scalable fence to secure against exit/entry by small children and to screen abutting properties. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. C. Additional standards for family daycare facilities conducted as home occupation accessory uses: 1. In no way shall the family daycare emit lighting, noise, fumes, odor, smoke, dust, vibrations, or electrical interference that can be observed outside the dwelling. A sign may be displayed for advertising the family daycare facility in accord with the standards set forth in UDC 11 -3D -8B. 2. 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. The following relevant information is attached hereafter: A. Elisabeth Songe Narrative B. Notice of Approval C. Appellant Narrative 2 Attachment "A" November 20, 2019 Elisabeth Songe 5343 N Maplestone Ave Meridian, ID 83646 Proposal for Accessory Use Childcare — Narrative Description I am interested in establishing a family childcare within my home located at 5343 N Maplestone Ave, where I will serve no more than six children at any time, including my own. As a requirement of the city of Meridian, and because I do not wish inconvenience for the city or my neighbors, I have held a meeting with close neighbors invited on and acquired their approval to open and operate a childcare. Although I will determine my own program services, hours, parent fees, etc, most programs operate weekdays from 6:30 a.m. to 9:00 p.m. Since parents' work schedules differ, children usually arrive over a period of two or more hours in the morning and leave during a similar period in the late afternoon. This reduces the number of vehicles likely to stop at the home at one time, as do siblings arriving together. Parents are encouraged to escort children safely to and from cars to the home. While children are in my care, I will be responsible for their supervision at all times, including indoor activities, outdoor play, and on walks or vehicle trips away from my home. I anticipate outdoor play time to be limited to one hour after 9 am and one hour after 1 pm, and noise will be kept below the maximum stipulated by Meridian officials. I do not expect to have any employees. If that becomes a possibility, I will communicate with Meridian Planning Department; however, hiring an employee would not increase the number of children in my care beyond the maximum described above. My proposed childcare will be subject to regular inspections through the Central District Health Department (CDHD). I have participated and will continue to participate in regular IdahoSTARS-approved trainings regarding health, safety/emergency planning, childcare best practices, and child development. I am CPR and pediatric first aid certified, and will renew this certification annually. I am also currently participating in Jannus Economic Opportunity's Refugee Childcare Business Development project, with project manager Jenny Hay (208-947- 4262) providing me ongoing technical assistance and support with running a quality childcare. Attachment "B" E IDIAN:-- IDAHO Community Development Department NOTICE OF APPROVAL: Community Development Dept. Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 January 2, 2020 The Community Development Department, Planning Division, has reviewed this application and determined that the proposed use meets the requirements for daycare facilities under Meridian Unified Development Code section 11-4-3-9. The permit was granted. Daycare facility requirements are available online at: http://www.sterlingcodifiers.com/codebook/index.php?book_id=306 A copy of the application and staff findings and conditions of approval are available to view on our website at: www.meridiancity.org. The applicant or a party of record may appeal this decision (or a condition of approval) to Meridian City Council. Appeals must be filed with the Planning Division no later than January 17, 2020, must be written, and must include the information listed in UDC section I I -5A-7. Contact the Planning Division for more information at (208) 884-5533. Application number: A-2019-0388 Permit requested: Accessory use permit for daycare Proposed location: 5343 N. Maplestone Ave. City action: Approved Date of approval: January 2, 2020 Legend :lv� of Impact M—., City �Imits Parcels � Meridian ���y�_ W-I14111fRC[FFH ]l � • „HE C HHH9 �On H005 1965 ♦,bv ]29) uity ISR. C9fEHS. �1 'I 1—]22� HOH6 Ml! !H]O .9H2 E9Nfi EV50 i ]260 ]261 ]25fi - W PHI—ENA Si Attachment "C" Nick Frazier 5337 N Maplestone Ave. Meridian, ID 83646 (509) 338-5242 . Frazier. Nick@gmail.com 1/22/2020 �73Li3 Re: WN. Maplestone Ave; Appeal Daycare Permit; Application number A-2019-0388 Dear City Council Members: I am writing in request to appeal the Community Development Department, Planning Division's decision to grant an "accessory use permit for daycare" to 5343 N. Maplestone Ave (Application number A-2019-0388). My name is Nick Frazier and I live at 5337 N. Maplestone Ave, next door to the aforementioned residence. Firstly, no neighborhood meeting was held prior to the submittal of application as required by City Code 11-4-3-9. This is a requirement to obtain approval for the permit. In addition, more advanced notice would have allowed me the time to obtain the services of legal council in this matter. Secondly, I have strong doubts regarding the applicant's ability to meet the requirements for a Daycare Facility as outlined in City Code 11-4-3-9 section C. Concerning parking, I do not believe the home has the available off street parking without imposing on other residences in the area. The applicant has three vehicles, all of which get parked in their driveway. They have the available street parking for a single vehicle.