Amy Gillum CUP
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: _-R~?EIVED
JUN 29 1998
CITY OF MERIDIAN '
BEFORE THE MERIDIAN PLANNING AND ZONING COMMIS
AMY GILLUM
ACCESSORY USE PERMIT FOR A HOME CHILD CARE
2347 E. APRICOT DRIVE
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, Amy Gillum 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.
The notice ofthe 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 flfst 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, and State of
Idaho at 2347 E. Apricot Drive.
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3.
Pursuant to the application, the Applicant is the owner of record of the
property; the property is currently zoned (R-8) Medium Density Residential District; the
property is contained in Lot 15, Block 4 of Dove Meadows 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 ofa Family
Child Care Home on property zoned (R -8) Medium Density Residential District is
permitted by and requires an accessory use permit.
5.
The Applicant, Amy Gillum, testified substantially as follows.
6.
The Assistant City Attorney swore in Amy Gillum. Mrs. Gillum noted that
she would like to be able to care for one or two additional children other than her own.
Commissioner Nelson requested comment :&om the applicant concerning the letter :&om
Frank Swigert. Mrs. Gillum noted that she would not allow any noise that would disrupt
her neighbors. She noted that she will have a newborn in October and has every intention
of keeping the noise to a minimum. Commissioner Smith inquired about the CCR's.
Mrs. Gillum noted that she spoke with the subdivision manager and there appears to be
no great concern. Mrs. Gillum noted that submitting a written request to the Board of
Director's is all that is needed to gain approval of the day care.
7.
The Assistant City Attorney swore in Sarah Sims. Mrs. Sims inquired
about the number of children permitted. Commissioner Nelson noted that the number is
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five including the applicant's own children. Mrs. Sims inquired about the hours of
operation, the expiration date of the permit and whether an inspection was required.
Commissioner Nelson noted that generally hours of operation are 7:00 a.m. to 6:00 p.m.
He noted that the permits are reviewed at any time upon receipt of a complaint. Further,
that all applicants must obtain an inspection :&om Central District Health and the Fire
Department. Mrs. Sims noted that she had no objection to the daycare as long as the
number of children was limited to five.
8.
The Assistant City Attorney swore in Mr. Frank Swiger. Mr. Swiger
noted that he is against any day care regardless of the number of children. Mr. Swiger
noted that he has a heart condition and that any additional noise or disruption could
aggravate that condition. He noted that the subdivision covenants state that the proposed
day care is not permitted. Mr. Swiger noted that he spoke with the homeowner's
association manager, who had no knowledge of the day care. He noted that the Board of
Director's of the association will be notified of the proposal and that action will be taken.
9.
Mrs. Gillum noted that she spoke with Mike Farlow, the homeowner's
association manager who appeared to have no problem with the day care. He advised the
applicant that a letter to the Board of Directors of the subdivision is all that is needed.
She noted that Mr. Farlow told her that he has never seen a project denied.
10.
Mr. Swiger noted to the Commission that his subdivision has CCR's that
are in effect.
11.
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.
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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.
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 :&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 :&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.
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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 ofthe above conditions shall be cause to revoke a
zoning certificate for a family child care home.
12.
The Central District Health Department commented that a permit to
operate a day care must be obtained :&om their office.
13.
The Nampa & Meridian Irrigation District had no comments on the
application.
14.
Kenny Bowers, Meridian Fire Chief, requires that all codes will be met,
and that smoke detectors and a fife extinguisher are put in.
15.
Meridian Police Chief, Bill Gordon, submitted no comments.
16.
There was no further testimony given at the hearing.
CONCLUSIONS OF LAW
1.
All the procedural requirements ofthe 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 June 9, 1998, the first publication of which was fifteen (15) days prior to
said hearing.
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2.
The City of Meridian has authority to grant accessory uses pursuant to 11-
2-410 D of the Zoning and Development Ordinance of the 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 ofthe 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 defmed 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
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;
The nature of the principal permitted use;
(2)
(3)
The use made of adjacent lots;
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The actual incidence of similar use in the area;
(4)
(5)
The potential for adverse impact on adjacent property; and
(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 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:
* * * *
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).
7.
The property is currently zoned (R-8) Medium Density Residential
District. The surrounding properties are zoned (R -8) Medium Density Residential
District, and are residential homes.
8.
The Zoning and Development Ordinance ofthe 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.
* * * *
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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:
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 :&om and properly screened :&om adverse impacts to the health,
safety and welfare of the children. The following conditions shall apply:
(1)
(2)
(3)
(4)
(5)
(6)
Secure and maintain a child care license :&om the Idaho State Department
of Health and Welfare-Child Care Licensing Division if required.
Acquire an occupancy certificate and/or building permit.
Provide one off-street parking space per employee, which may be the
driveway to the home.
Provide for child pick-up area located off of arterial or collector streets.
Provide for screening of adjacent properties to protect children :&om
adverse impacts and to provide a buffer between properties.
Provide for a fence of appropriate height/construction, to enclose play
areas, protecting children :&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 ofthe 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.
11.
Applications ofthis nature are difficult because, notwithstanding
objections :&om neighbors, the Zoning and Development Ordinance of the City of
Meridian provides that the requested use is permitted as an accessory use ifthe standards
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FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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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 ofthe 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, p~otecting the children :&om 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 :&om 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;
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The Applicant shall provide for child pick-up area located off of any
arterial or collector streets;
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FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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The Applicant shall provide for screening of adjacent properties to protect
children from 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 Planning and Zoning
Administrator, which include, but are not limited to the following:
(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Off-street parking shall be provided in accordance with Section 11-
2-414 of the 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;
The Applicant shall provide screened trash enclosures in
accordance with City ordinance;
The Family Child Care Home shall not adversely impact
surrounding properties due to the children's noise, traffic and other
activities;
The Applicant shall forthwith schedule an appointment with the
Meridian Fire Department for inspection prior to operating; and
The Applicant's operation of the Family Child Care Home without
proper approvals will result in revocation of accessory use permit.
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
1.
Violation of any ofthe above conditions shall be cause to revoke a zoning
certificate for a Family Child Care Home.
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13.
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. If the Applicant meets all the conditions set forth in these fmdings, including
but not limited to, the comments of City of Meridian staff, the Planning and Zoning
Commission and all other government agencies submitting comments, the accessory use
permit should 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 +
VOTED ~
VOTED 4p
VOTED AJ~,L--
VOTED -
COMMISSIONER SMITH
COMMISSIONER DeWEERD
COMMISSIONER NELSON
CHAIRMAN MacCOY (TIE BREAKER)
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 shall be required to meet the water and sewer requirements, the fife 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 of the
Applicant.
MOTION:
APPROVED: ~-1..-
6-29-98 -- FINAL r/Í4/1'í3
DISAPPROVED:
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