Elaine Estacio CUP
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
ELAINE ESTACIO
ACCESSORY USE PERMIT FOR A HOME CHILD CARE
232 S. OUTFIELD WAY
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing on May 12, 1998, at
the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian,
Idaho, the Applicant, Elaine Estacio, 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.
A notice ofthe application was mailed by certified mail, return receipt
requested, to owners of property which abuts the external lot or boundary lines ofthe
property, including properties across the street, alley and kitty corner to the property; a
notice of the application was published for two (2) consecutive weeks; 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 May 12, 1998, the fIrst
publication of which was fifteen (15) days prior to said hearing; that the matter was duly
considered at the May 12, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
ELAINE EST ACIO - FAMILY CHILD CARE HOME IN
AN R-4
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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
232 S. Outfield Way.
3.
Pursuant to the application, the Applicant is the owner of record of the
property; the property is currently zoned (R-4) Low Density Residential District; the
property is contained in Lot 11, Block 6 of Fen way Park #2 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 ofthe
Zoning and Development Ordinance of the City of Meridian, the operation of a 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, Elaine Estacio, testified substantially as follows: She
noted that her subdivision is zoned R-4 and that such zoning restricts her to 5 or fewer
children. She noted that she has had a health inspection. She noted that she is on the
agenda for the City Council meeting in order to address some of the zoning restrictions.
Chairman Johnson inquired whether Mrs. Estacio was familiar with all three
types of applications. Mrs. Estacio noted that she was familiar with them.
Commissioner Maccoy inquired whether that applicant had read the P & Z
Commission staff report. Mrs. Estacio noted that she had a concern about not being
FINDINGS OF FACT AND CONCLUSiONS OF LAW -
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AN R-4
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permitted to have at least one employee as a backup for emergencies and such. She noted
that she had plenty of parking, a three car garage and the space in front of her home is
quite lengthy. Commissioner Maccoy inquired whether staff would like to respond to
Mrs. Estacio's comments. Shari Stiles, P & Z Administrator noted that under home
occupation standards, one the requirements under section 11-2-410 (d) is that under an
accessory use permit, no person other than members of the family residing on the
premises shall be engaged in such occupation. The testimony from both the Commission
and Mrs. Estacio went on to discuss the merits of not permitting employees in a family
child care home. Chairman Johnson clarified the discussion by noting that the ordinance
sets the standard to be applied. Further, the ordinance applies to all applicants and not
just to Mrs. Estacio.
Commissioner Maccoy inquired whether the operation would care for
handicapped children. Mrs. Estacio noted that she would not be caring for handicapped
children. Commissioner Maccoy inquired whether the applicant's yard was fenced along
with a gate that was lockable. Mrs. Estacio acknowledged that her yard was fenced and
lockable. Further, she noted that her fence was 6 feet tall. Commissioner Maccoy
inquired about any abandoned wells in the area. Mrs. Estacio noted that there are no
abandoned wells in the area. Commissioner Maccoy inquired about any rules or
regulations in the neighborhood. Mrs. Estacio noted that she was not aware of any.
Commissioner Maccoy noted that a neighbor complained about the operation. Mrs.
Estacio noted that the neighbor used to bring her daughter to the day care until a
disagreement ensued. She noted that many ofthe complaints are a result of the
disagreement rather than the nature ofthe complaints.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
ELAINE EST ACIO - F AMIL Y CHILD CARE HOME IN
AN R-4
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Commissioner Smith inquired about how long the day care had been in operation.
Mrs. Estacio noted that she had been open for a few months.
Commissioner Maccoy inquired about the temporary license dated September
26th, 1997 to January 25th, 1998 and whether there was an extension. Mrs. Estacio noted
that she re-applied for an extension.
Commissioner Smith wanted a clarification about what license the applicant was
referring to. Mrs. Estacio stated "By child care licensing". Commissioner Smith
wanted to know when Mrs. Estacio learned that she needed an accessory use permit.
Mrs. Estacio noted that after a Planning & Zoning meeting she discussed the issue with
Commissioner Borup and Maccoy who suggested that she put in for 6 to 12 children
anyway. She noted that subsequently Shari Stiles informed her that an accessory use
permit would be required for 5 or fewer children.
Commissioner Smith inquired about the number of children presently cared for at
her home. Mrs. Estacio stated "eight". Commissioner Smith referred to documentation
showing that 2 children were her own, 3 were foster children, and she cared for 3 others.
Mrs. Estacio noted that the foster children will be attending another day care facility.
6.
Troy Cerello offered his support for Mrs. Estacio's day care. He felt she
was very responsible and caring when it cane to one of his own kids. He noted things
like computers, books, and games that Mrs. Estacio provides to the children to make it a
positive learning environment.
7.
Bill Long noted that he lives next door to Mrs. Estacio. He noted that he
had never heard the kids and never noticed much traffic. He noted that he does not see
any problem with a day care next door to his home.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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AN R-4
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Kristi Evans noted that she lives around the corner from Mrs. Estacio. She
noted that she worked for Mrs. Estacio for a few months. She noted that she had a lot of
respect for Mrs. Estacio and how she runs her operation.
9.
Bobbi Hardy, Rebekkah and Jeff Salvatore, Jennifer Hardy, Jamie
Gabbert, and Eva Dickens, all submitted letters of support in regards to the day care
center.
10.
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 ofthe home will be permitted.
7.
Screened trash enclosures are to be provided in accordance with
City Ordinance.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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8.
The family child care home shall not adversely impact surrounding
properties due to children's noisê, traffic and other activities.
Applicant shall secure and maintain a child care license from the
Idaho State Department of Health and Welfare-Child Care
Licensing Division.
10.
Applicant shall provide tòr screening of adjacent properties to
protect children from 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 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.
11.
The Nampa & Meridian Irrigation District had no comment on the
application unless it will impact the District's easement on the Ten Mile Drain.
12.
The Central District Health Department desires written approval from the
appropriate entities before they will approve the proposal for central sewage and central
water. They will also require plans to be submitted for a plan review. Additionally, a
license must be obtained from their office. .
13.
The ACHD wants the site plan changed before they will review it. They
also commented to the fact that they receive many calls from neighbors of day care
centers. The neighbors concerns are those oftraffic and the number of parked cars near
existing day care centers. The parents would typically make two round trips per day
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FINDINGS OF FACT AND CONCLUSIONS OF LAW -
ELAINE ESTACIO-FAMILY CHILD CARE HOME IN
AN R-4
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(four one-way trips). The Institute of Transportation Engineers (ITE) data show that a
typical day care created 4.65 vehicle trips per day per child. The proposed 5 child facility
can be expected to generate 24 total vehicle trips per day. ACHD desires all future
design plans and construction to be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived in writing by
the District.
14.
Kenny Bowers, Meridian Fire Chief, requires all codes to be met.
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 of the Local Planning Act and of the
Ordinances ofthe City of Meridian have been met including; the mailing of notice ofthe
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 comer to the property; a notice ofthe application was published for two (2)
consecutive weeks; and a 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 May 12, 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 of the Zoning and Development Ordinance ofthe City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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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 defmes
"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 ofa
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
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. ofthe 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 ofthe lot in question;
The nature of the principal permitted use;
(2)
(3)
The use made of adjacent lots;
(4)
The actual incidence of similar use in the area;
(5)
The potential for adverse impact on adjacent property; and
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(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 eight dollars ($80.00).
7.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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AN R-4
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Section 11-2-410 D 2. ofthe 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 from and properly screened from adverse impacts to the
health, safety and welfare ofthe children. The following conditions shall apply:
(1)
(2)
(3)
(4)
(5)
(6)
Secure and maintain a child care license from 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 from
adverse impacts and to provide a buffer between properties.
Provide for a fence of appropriate height/construction, to enclose play
areas, protecting children from 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 ofthe 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 ofthis nature are difficult because, notwithstanding
objections from 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 ofthe Zoning and Development
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10
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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; ,
b.
The Applicant shall provide for a fence of appropriate height and
construction, to enclose play areas, protecting the children from 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 ofthe
fenced area when not accompanied by an adult;
d.
The Applicant shall secure and maintain a child care license from 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;
f
The Applicant shall provide for child pick-up area located off of any
arterial or collector streets;
g.
The Applicant shall provide for screening of adjacent properties to protect
children from adverse impacts and to provide a buffer between properties;
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h.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
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The Applicant shall meet the comments, recommendations and
requirements of the City Engineer's offièe and the Planning and Zoning
Administrator, which include, but are not limited to the following:
(1)
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.
J.
Violation of any of the above conditions shall be cause to revoke a zoning
certificate for a Family Child Care Home.
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AN R-4
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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.
That testimony was given that stated the proposed use would not be in
violation of the covenants, conditions and restrictions (CC&R's) ofthe subdivision in
which the property is located. It is concluded that the City of Meridian is not bound by a
subdivision's CC&R's and does not have to follow them. However, the City's action in
granting an accessory use permit does not infer that proceedings cannot be instituted by a
property owner to enforce the CC&R's against the Applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Planning and Zoning Commission ofthe City of Meridian hereby adopts and
approves these Findings of Fact and Conclusions of Law.
ROLL CALL
COMMISSIONER BORUP
VOTED 14~~t
VOTED~
VOTED~
VOTED~
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 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 of the Applicant.
MOTION:
APPROVED:~
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
ELAINE EST ACIO - F AMIL Y CHILD CARE HOME IN
AN R-4
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