Kristi Richmond AUP
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
KRISTI RICHMOND
ACCESSORY USE PERMIT FOR A HOME CHILD CARE
2311 MONACO WAY
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing on June 9, 1998, at
the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian,
Idaho, the Applicant, Kristi Richmond appearing in person, the Planning and Zoning
Commission ofthe 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.
The 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 June 9, 1998, the fIrst publication of which was fifteen (15) days prior to
said hearing; that the matter was duly considered at the June 9, 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.
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 ofIdaho at
2311 Monaco Way.
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3.
Pursuant to the application, the Applicant is negotiating for ownership of
the property. The owner has consented to use the property as a Family Child Care Home,
the property is currently zoned (R-4) Low Density Residential District; the property is
contained in Lot 4, Block 4 of Glennfield Manor 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 ora 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, Krisit Richmond, testified substantially as follows:
6.
Kristi Richmond was sworn in by the Assistant City Attorney. Mrs.
Richmond noted that she was working on a lease to purchase for 2311 Monaco Way. She
noted that she went around the neighborhood and inquired whether any of the neighbors
would object to a Family Child Care Home. She noted that she is a teacher at the
Children's School and that it would be "optimal" for her to work out of her home. She
noted that some of the neighbors concerns were over traffic, noise and devaluation of
their property. Mrs. Richmond noted that the house is near an elementary school and with
five or fewer children she does not anticipate a measurable difference in the current noise
level.
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7.
Commissioner Nelson inquired whether Mrs. Richmond had any children
of her own. Mrs. Richmond noted that she had no children. Commissioner Nelson
inquired about the target age group, and hours of operation. Mrs. Richmond noted that
the age group would be birth to two and one half (21/2) years and that the hours of
operation would be 7:30 a.m. to 6:00 p.m.
8.
Commissioner DeWeerd inquired about a basement in the home and
directed the applicants attention to the Fire Chiefs comments. Mrs. Richmond noted that
the home is a split level home with no basement. and the home has three exits.
9.
Marshall Williams was sworn in by the Assistant City Attorney. Mr.
Williams noted that he was speaking on behalf of his mother, who lived near the
proposed Family Child Care. He noted that his mother was concerned about the traffic
and noise. He noted that his mother was a senior citizen and they are affected to a greater
extent by noise, traffic and the hours of operation of a day care. He noted that his mother
is concerned about the devaluation of her property. Commissioner DeWeerd noted that a
new subdivision will be constructed off of Monaco Road, so traffic will increase in the
future without the daycare.
10.
Troy Richmond was sworn in by the Assistant City Attorney. Mr.
Richmond noted that the day care would be limited to five or fewer children. He noted
that his wife has two degrees related to the operation of a child care business.
11.
Gordon Schoenfeld was sworn in by the Assistant City Attorney. Mr.
Schoenfeld noted that he is presently living in the house and has made improvements on
the home. He believed that the improvements have increased the value ofthe home. He
noted that he did not think 5 children would cause a measurable increase in traffic.
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12.
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Ashley Seymour was sworn in by the Assistant City Attorney. Mr.
Seymour noted that he was the listing agent for the Schoenfeld property. He noted that
he could not fmd any statistical information that showed day care operations devalue
property.
13.
Mr. Williams noted that there was another day care on Chateau within a
couple of blocks of this proposed operation.
14.
The Planning and Zoning Administrator, Shari Stiles, and Bruce
Freckleton, Assistant to the City Engineer, had the following comments regarding
conditions for the Accessory Use.
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.
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8.
The family child care home shall not adversely impact surrounding
properties due to children's noise, traffic and other activities.
Applicant shall secure and maintain a child care license fÌ'om the
Idaho State Department of Health and Welfare-Child Care
Licensing Division.
10.
Applicant shall provide for screening of adjacent properties to
protect children fÌ'om 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 defmed 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.
15.
The Central District Health Department commented that a permit to
operate a day care must be obtained fÌ'om their office.
16.
Kenny Bowers, Meridian Fire Chief, requires all codes to be met. Smoke
detectors and a fIre extinguisher put in. No children will be allowed on any upper floors.
Additionally, if the house has a basement, and any children are located in the basement,
there will need to be two exits; one exit directly outside.
17.
18.
Meridian Police Chief, Bill Gordon, submitted no comments.
There was no further testimony given at the hearing.
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CONCLUSIONS OF LAW
1.
All the procedural requirements of the Local Planning Act and of the
Ordinances ofthe 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 ofthe 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 June 9, 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-
2-410 D ofthe Zoning and Development Ordinance ofthe City of Meridian.
3.
The City of Meridian has authority to place conditions on an accessory use
permit.
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 ofIdaho.
5.
The Zoning and Development Ordinances of the City of Meridian derIDes
"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 ofthe City of Meridian defines, "Dwelling
Unit" at Section 11-2-403 B as follows, "Dwelling Unit - Any building or portion
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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 ofthe
City of Meridian provides in part:
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:
a.
(1)
(2)
(3)
(4)
(5)
(6)
The size of the lot in question;
The nature of the principal permitted use;
The use made of adjacent lots;
The actual incidence of similar use in the area;
The potential for adverse impact on adjacent property; and
The applicant must be the owner of the property under
consideration and the user of the accessory use.
Family child care homes and home occupations may be 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:
b.
* * * *
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 eighty dollars ($80.00).
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The property is currently zoned (R-4) Low Density Residential District.
The surrounding properties are zoned (R-4) Low Density Residential District, and are
residential homes.
8.
The Zoning and Development Ordinance of the City of Meridian defmes
"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 anyone time is determinative.
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:
Familv 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 fÌ'om and properly screened fÌom adverse impacts to the
health, safety and welfare of the children. The following conditions shall apply:
(1)
Secure and maintain a child care license fÌom the Idaho State Department
of Health and Welfare-Child Care Licensing Division if required.
(2)
(3)
Acquire an occupancy certificate and/or building permit.
Provide one off-street parking space per employee which may be the
driveway to the home.
(4)
Provide for child pick-up area located off of arterial or collector streets.
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(5)
(6)
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Provide for screening of adjacent properties to protect children fÌ'om
adverse impacts and to provide a buffer between properties.
Provide for a fence of appropriate height/construction, to enclose play
areas, protecting children fÌ'om 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 ÍÌ'om neighbors, the Zoning and Development Ordinance ofthe 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
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;
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The Applicant shall provide for a fence of appropriate height and - '
construction, to enclose play areas, protecting the children fÌ'om traffic,
whether or not the traffic is on arterial or collector streets;
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 ofthe
fenced area when not accompanied by an adult;
The Applicant shall secure and maintain a child care license fÌ'om the
Idaho State Department of Health and Welfare-Child Care Licensing
Division;
The Applicant shall provide for child pick-up area located off of any
arterial or collector streets;
e.
The Applicant shall provide for screening of adjacent properties to protect
children ñom adverse impacts and to provide a buffer between properties;
The Applicant shall meet the comments, recommendations and
requirements of the City Engineer's office and the Plarming and Zoning
Administrator, which include, but are not limited to the following:
Off-street parking shall be provided in accordance with Section 11-
2-414 ofthe City of Meridian Zoning and Development
Ordinance;
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.;
No signage shall be allowed;
The Applicant shall provide any information that she may have
with regard to her anticipated water demand, and the Applicant
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;
The Applicant shall secure a Zoning Certificate and Certificate of
Occupancy for the Family Child Care Home prior to operation;
No employees that are not residents of the home will be permitted.
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b.
c.
d.
f.
(1)
(2)
(3)
(4)
(5)
(6)
.
.
(7)
The Applicant shall provide screened trash enclosures in -
accordance with City ordinance;
(8)
The Family Child Care Home shall not adversely impact
surrounding properties due to the children's noise, traffic and other
activities;
(9)
The Applicant shall forthwith schedule an appointment with the
Meridian Fire Department for inspection prior to operating; and
(10)
The Applicant's operation of the Family Child Care Home without
proper approvals will result in revocation of accessory use permit.
g.
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
h.
Violation of any of the above conditions shall be cause to revoke a zoning
certificate for a Family Child Care Home.
13.
The above-conditions are concluded to be reasonable and the Applicant
shall meet these conditions in order to obtain an accessory use permit.
14.
It is recommended, if the applicant meets all of the above conditions, staff
comments and other governmental organizations comments that the accessory use permit
be granted.
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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-4
- VOTED ~
VOTED A-¡'~~
VOTED 4-p
COMMISSIONER SMITH
COMMISSIONER NELSON
COMMISSIONER DeWEERD
CHAIRMAN MACCOY (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. ofthe 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 ofthe City of Meridian.
The accessory use shall be subject to review by the City upon notice ofthe Applicant.
MOTION:
APPROVED: ~<Í-
6-25-98 -- FINAL 1¡í <1j?s
DISAPPROVED:
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