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Amy Gillum CUP 8 8 : _-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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM - F AMIL Y CHILD CARE HOME IN AN R-8 8 8 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM - FAMILY CHILD CARE HOME IN AN R-8 2 8 8 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM - F AMIL Y CHILD CARE HOME IN AN R.8 3 8 8 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. 4 FINDINGS OF FACT AND CONCLUSIONS OF LAW- AMY GILLUM - F AMIL Y CHILD CARE HOME IN AN R-8 8 8 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM - F AMIL Y CHILD CARE HOME IN AN R-8 5 8 8 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; FINDINGS OF FACT AND CONCLUSIONS OF LA W ~ AMY GILLUM - FAMILY CHILD CARE HOME IN AN R-8 6 8 8 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. * * * * FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM - FAMILY CffiLD CARE HOME IN AN R-8 7 8 8 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 8 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM - F AMIL Y CHILD CARE HOME IN AN R-8 8 8 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; £ The Applicant shall provide for child pick-up area located off of any arterial or collector streets; 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM - F AMIL Y CHILD CARE HOME IN AN R~8 g. h. 8 8 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM - F AMIL Y CHILD CARE HOME IN AN R-8 J. 10 8 8 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM - F AMIL Y CHILD CARE HOME IN AN R-8 11 8 8 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM - F AMIL Y CHILD CARE HOME IN AN R-8 12