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Jodi Fife CUP 8 8 BEFORE THE MERIDIAN/PLANNING AND ZONING COMMISSION JODI FIFE CONDITIONAL USE PERMIT FOR GROUP DAY CARE LOT 33, BLOCK 4 OF BEDFORD PLACE SUBDIVISION NO.2 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing January 13, 1997, at the hour of 7:30 o'clock p.m., the Petitioners, Jodi Fife and her husband, Dean L. Fife, 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 of a public hearing on the Condi tional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 13, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 13, 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. This property is located within the City of Meridian , and the Applicant is the owner of the property; that the property is currently zoned R- 8 Residential. The Application stated the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. JODI FIFE 8 8 property is zoned R-4; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 A., Residential, Child Care Center is listed as a conditional use in the R-8 District and, therefore, in the R-8 District a conditional use permit for the operation of a Child Care Center is required. 3. The R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: (R-8) Medium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 4. Conditional Use Permit is defined in the ,Zoning Ordinance as follows: "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 5. The property is located at BEDFORD PLACE SUBDIVISION NO. 2, Lot 33, Block 4, within an R-8 single-family residential subdivision. 6. The intention of the Applicant is to operate a child care center for children, not to exceed twenty-four (24) children. 7. The Applicant, Dean Fife, testified there were a couple of changes to the plans which were previously submitted. They reversed the basic house plan, and repositioned the house on the lot for more room as the play area. Commissioner Johnson inquired if the changes were the first FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. JODI FIFE 8 8 time for submittal, and Mr. Fife's response was yes. Commissioner Johnson desired Mr. Fife to address the Ci ty comments and to inform the Commission as to their plans. Mr. Fife responded they plan to have a day care for 13 or more children, and he read the City comments and had no questions. Commissioner Borup commented the layout he has is not reversed and it is shifted. Mr. Fife acknowledged they had asked to get the plans in and "they" did. Commissioner Johnson questioned who "they" were, to which Mr. Fife' responded, ~~The builder." Commissioner Smith didn't know any other plans were submitted, but the house wasn't mirrored over, just shifted over on the lot. Mr. Fife commented the original plans he received were the other way and were mirrored. He apologized for the mistake on the submitted plans. 8. Commissioner Borup noticed the packet submitted was complete but noted he could not read most of the neighbors signatures. One area of concern for Commissioner Borup was the closing of the child care center during holidays and if they tried it before and if it worked. His concern was for the three weeks during the year that the day care would close down, and tha t families would have to find another day care during that time. Mr. Fife added it is a normal procedure in child care, and it is advertised out ahead of time for comment. 9. Jennifer Bell addressed Commissioner Borup's concern about closing for three weeks. Jennifer Bell pointed out it was standard procedure in an application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. JODI FIFE 8 8 Jennifer Bell commented she currently has a day care in her home, and she does not close for the holidays, except Christmas Day and Thanksgiving Day. The remaining vacation she is open because people work. 10. Commissioner Smith addressed the Applicant regarding the 13 or more children, the nWTlbers bothered him since he was familiar with the neighborhood and the size of the lots and homes. He desired further explanation. Mr. Fife stated one license could have up to 12 children, and his wife and daughter would be working the day care together. There would be between 13 to 24 children maximum. Commissioner Smith asked, "13 and 24, where are you going to put them all?" Mr. Fife responded by saying, "The house is designed to do that and the square footage of the day care area." "The house meets the requirements for 35 square feet per child for a maximum of 24." "The area, how can I best describe that to you, do you see the area of the garage, behind that is the kitchen and living room, the family room and what is off in there which would normally be 2 bedroom, there is going to be no wall going to be built there." "So you will have that room plus the family, plus the kitchen and dining room area which will be used for arts and crafts and that total area meets the State square footage for up to 24 children." "I think I put that in the application how many square feet that was." 11. Commissioner Smith wanted to know what the ages of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. JODI FIFE 8 8 children were going to be. Mr. Fife would have his daughter, Jennifer Bell, address that question later on. Commissioner Smith also wanted know how many staff people there would be. Mr. Fife informed him there were two, Jodi Fife and Jennifer Bell. Commissioner Smith questioned where the parking would be for the staff, as the driveway would be for parent parking, but if it were 45 feet there would be room for 4 cars. In response, Mr. Fife stated the staff would park in the garage; that it was an oversized three car garage with almost 900 square feet, and acknowledged Commissioner Smith's question concerning the children's ages. Jennifer Bell addressed that particular question, responding from zero to twelve was the usual ages. At this point they have not decided on the number in each age group, but it would be done as they go along. 12. Commissioner Smith wanted to know if there was a clear barrier between the living space in the house and the day care. Mr. Fife asked, "So the children can't go from the day care area into the house, yes there will be gates provided so that the day care area will be gated so they can't go through." 13. Mark Lloyd, a neighbor, is against the application, and agreed with testimony with the issues already presented. Additionally, he has considered the devaluing of residences and noise factor for the subdivision. He didn't have a chance to sign the petition, also his home looks over the back part of the property. He did state he received a certified letter in the mail notifying him of the hearing, and it was what brought him to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. JODI FIFE 8 8 the hearing. Commissioner Johnson asked if Mr. Lloyd had any contact with the applicant, if they knocked on his door or asked how he felt about the application. Mr. Lloyd answered, "No." Commissioner Johnson inquired if Mr. Lloyd had spoke with any 'of the other neighbors about the application, and if so, what was their response. Mr. Lloyd responded that he had, and there was some confusion as to what the original plans were. He thought many of them felt it was going to be someone living in the house and watching a few children, not realizing it was a full blown business. He also stated there were others at the meeting with the same realization it was going to be a business venture and they were against it. Commissioner Johnson proceeded to thank Mr. Lloyd for his comments and again questioned if his property was adjacent to the proposed use. Mr. Lloyd responded, "It is not adjacent it is a street from, one street behind." Commissioner Borup asked wha t lot Mr. Lloyd was on, and wanted to know if there was a plat. Mr. Lloyd responded that he lived on the corner of Arrow Wood and Moose Street. 14. Tina Bruce, another neighbor, had the following comments regarding the application. Her property is adjacent to the applicant's; that their fence line is kitty corner so the corner of their fence looks right into the applicant's back yard and the proposed business. According to the plans, which she received by certified letter, she didn't see any living space in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. JODI FIFE 8 8 the house. She was approached by Mrs. Fife and her daughter a few months ago informing her that they would be moving into the house, and if she had any objections to her having a day care. She had told them no because she has a day care with three small children, but she didn't realize it was a business with 12 to 24 children. She stated she made a mistake by signing the petition because she thought it was a home day care; that she was very disappointed to learn they had not been 100% truthful with her by not letting her know tha t it was going to be a center and not a home. She proceeded by asking the question, "Do your plans show that it is going to be a living quarters, they are going to be living in it, because mine do not?" "Are they going to be living there?" Commissioner Borup commented that his plan showed the lower floor and not the upper floor; that the application did state 2400 square feet with the lower 915 square feet for the day care. Tine Bruce continued her testimony stating the plans showed a day care center; that she did not see a two story building. Another concern was a neighbor's two large dogs barking daily and constantly since construction began, and what the dogs would do with 20 children in the back yard. Her windows are adjacent to the yard, and when her windows are open, and her children are sleeping, she was concerned about a lot of noise in the yard next door to her. Commissioner Smith had questions, and his first comment was where Ms. Bruce was located, and if it was lot 1, block 7. Ms. Bruce responded they were in the home facing Arrow Wood in between FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. JODI FIFE 8 8 the two homes that face outward, Arrow Wood and Hawk. Commissioner Smith clarified the home faces Wakely and the home that faces Hawk, to which Ms. Bruce stated the home right directly next to them faces Wakely and they were the house behind it. Commissioner Smith inquired when the applicant approached her with the petition, if she had a specific number of children identified or if she had discussed it. Ms. Bruce commented they were building a home and wondered if she had any obj ections to her watching some children in the home. Since she was just beginning her own day care, she had told her no, and it would be fine so she signed the petition. She wishes now she wouldn't have signed it. Commissioner Johnson pointed out that Ms. Bruce's name was at the top of the petition, drew attention to the wording at the top regarding 13 or more children, and allowed her to review her signature and the petition. Ms. Bruce stated she had not read the top of the petition due to the discussion with Mrs. Fife at the time, and her excitement about her own business and for Mrs. Fife. She realized it was her mistake for not reading the top of the petition. 15. John Alverson, another neighbor, lives right behind and has the two big dogs. Their biggest concern is the safety of the children between the back of his fence and the where the house is going to be. He has not seen the plans but thought somewhere between 15 and 20 feet in between the house and they felt that was not enough room for the kids to play safely. His concern for when the children played football, baseball or whatever the balls, etc. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. JODI FIFE 8 8 they would be hi t over the fence. Another factor is his wife works nights at Micron and she sleeps during the day, and with the children outside they would be noisy, and therefore his dogs would be barking. He is totally against the application. The value of hi s property would go down, and he was never approached by the applicant to sign a petition, and further he never would have signed it. He feels it is a bad area for a day care, because the lot is small and he feels there isn't enough room regarding safety for the children. Commissioner Smith questioned Mr. Alverson, and felt he should have asked the other two who had testified, as to whether he was opposed to the day care or if it were the number of children. Mr. Alverson responded it wasn't the day care, but the number of children and the age groups. He purchased his home with the understanding this would not be a business area, just residential. When he found out a business was going in he became concerned, plus the number of children, noise factor, and his wife sleeping during the day are bothersome to him. Commissioner Smith asked if there were a number of kids he felt he could support in a day care, and Mr. Alverson responded that it depended upon the ages. Babies to 3 and 4 year olds would stay in the house so there wouldn't be a lot of noise, and he had no problem with how many babies there would be. The problem is when kids get bigger noise while playing outside becomes a factor. His dogs could be barking all the time, which would result in complaints from neighbors, and he isn't comfortable with that. Commissioner Smith FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. JODI FIFE 8 8 then confi~ed Mr. Alverson's lot as lot 3, the second house off of Arrow Wood, and it was corrected to off of Hawk. 16. Commissioner Smith had comment pertaining to the little lot, and the amount of traffic that would be coming off Meridian Road onto Woodbury and then onto Arrow Wood. Basically, he did not feel the majority of the traffic flow would be off of Ustick. He personally feels it's too many children for a day care within the neighborhood. Commissioner Borup agreed with Commissioner Smith's comment regarding the traffic flow, adding the comment, people would come to whatever would be easiest for them. 17. Jodi Fife had the following remarks to add to the testimony. She had a problem with the issue of property being devalued, due to the fact of the size, construction, quality, and architecture of the home. The house would not be on the low end scale for the area, and therefore didn't feel there was a problem with devaluing the area. Her comments pertaining to ages, there probably wouldn't be very many children over age 7 because day cares don't usually have that many in them; that was normally what they took up to. She also felt the day care would be younger age children. Mrs. Fife stated there won't be much noise. She felt the dog issue was not hers. Regarding the traffic flow, she expects to draw from the subdivision, or at least a large percentage, and if it would be the case there wouldn't be increased traffic. In further comment, Mrs. Fife wanted to apologize publicly to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. JODI FIFE 8 8 Tina Bruce in regards to the matter of going door to door to obtain signatures, in that, they did not intend to mislead anyone about the number of children for the day care. She thought she had mentioned 13, and had no intention of misleading anyone. The approximate number of children they were thinking about was 13, and probably between the ages of 3 to 5. Once children begin kindergarten they usually don't go to day care, and if they do it is part-time. Sometimes a day care can get children after school for a short period of time. She figures 80% to 90% of their children will be under the kindergarten age. Addressing another concern about the children playing, types of games, such as football or baseball, etc., she felt it wasn't an issue as the day care would be more toddlers. Jennifer Bell addressed the issue on the noise level. She stated that they are intending to erec t a tall wooden fence, rather than a chain link fence, to help with the noise. They do not intend to allow the children to freely play in the yard, as they will be supervised at all times. The play would be more of a structured type. The main focus for Commissioners Borup and Johnson were the number of children for the facility. Mrs. Fife and Jennifer Bell are licensed, so they could accommodate up to 24 children, but state they prefer to focus on 8 to 10. Commissioner Johnson did inform Mrs. Fife if the application was denied they could re-submit at a lower number of children from the 13 to 24. Commissioner Smith clarified the two main issues with neighbors were the number of children and their ages. He FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. JODI FIFE 8 8 indicated there appeared to be a conflict between Mrs. Fife's number and Mrs. Bell's number. Mrs. Fife responded she thought Jennifer Bell referred to the number as being licensed with the State. Commissioner Johnson questioned about watching kids during the summer time and older children. Mrs. Fife said they desire to watch pre-schoolers and little children. l8. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full; that off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; that outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D. 3.; that no signage shall be allowed; tha t sani tary sewer and water to the facility would be through existing service lines and plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments; that applicant is to provide information with regard to anticipated water demand; that Applicant will be required to enter into an Assessment Agreement with the City prior to operation; that the use will be a conunercial use and charged accordingly; that Zoning Certificate and Certificate of Occupancy for day care are required prior to operation; that screened trash enclosures are to be provided in accordance wi th Ci ty Ordinance; that the family child care home shall not adversely impact surrounding properties due to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. JODI FIFE 8 8 children's noise, traffic and other activities; that the Applicant will provide a copy of the daycare license from the Idaho Department of Health & Welfare; that the operators' licenses shall be available on the premises for inspection at all times; that the Applicant shall screen adjacent residential properties through landscaping and fencing to protect children from adverse impact and to provide a buffer; that Applicant shall provide a fence of appropriate height/construction to enclose play areas; that if approved, the Applicant shall schedule an appointment with the Meridian Fire Department for inspection prior to operating; that without approval revocation of the conditional use permit will result; that the use shall be subject to annual review. 19. That the Meridian Fire Chief, Kenny Bowers, requires all codes be met. 20. The Ada County Highway District had the following comments, that this application would not be heard unless the site plan was changed to require Commission review; that all future design plans and construction will be in accordance with the ACHD's Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances, unless wavied in writing. 21. The Central District Health Department submitted comments pertaining to the written approval from the appropriate entities they would approve central sewage and water. Also, they would require plans be submitted for a plan review for the day care. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. JODI FIFE 8 8 22. There was no further testimony given at the hearing. CONCLUSIONS OF LAW All the procedural, requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met 1. including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. The City 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 of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67 - 6512, Idaho Code, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. JODI FIFE 8 8 In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a condi tional use permi t would be required by ordinance; b. The use would not be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance requires a condi tional use permi t to allow the use; It states under the Neighborhood Identify Goal FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. JODI FIFE 8 8 Statement, Meridian: 6.4U of the Comprehensive Plan of the City of 6.4U Limi t conversion of predominately residential neighborhoods to non-residential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate non-residential uses are proposed. This Applicant proposes putting a child care center in a residential neighborhood. The number of children, along with the increased traffic and noise, affects the character of the residential neighborhood. The Comprehensive Plan limits non- residential uses in residential neighborhoods. c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; but the use would operate and would be maintained not to be harmonious with the intended character of the general vicinity and would change the essential character of the area; A child care center business in a wholly residential neighborhood would change the essential character of the neighborhood. d. That the use would not be hazardous but would be disturbing to existing or future neighboring uses even if the conditions are met; that traffic will increase, and the number of children on site could constitute a noise problem; e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. The use would involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Sufficient parking for the proposed use would be a problem but if approved it needs to meet the requirements of the City ordinance; and i. The development and uses will not resul t in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. JODI FIFE 8 8 destruction, loss or damage feature of major importance. of a natural or scenic 8. It is recommended that the Conditional Use Permit not be granted. 9. However, if the penni t is granted conditions may be placed upon the granting of the conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The children, if outside, fenced area, as required below; shall be maintained in the b. There shall be fencing, gates and locks for the outside play area such that no children can leave the property without an adult unlocking and opening the gate to let the child or children out of the play area; no children shall be allowed outside of the play area or the home without an adult being present; the fence shall be maintained in god repair and the children, when outside, shall stay in the fenced area and the children shall not be allowed outside of the fenced area or the home, except for drop-off and pick-up times, but an adult shall be with them at all times if the child or children are waiting to be picked up; c. The Applicant shall meet the requirements for staff to children ratio; state of Idaho d. The Central District Health Department and the state of Idaho Department of Health and Welfare have requirements for day cares and the Applicant shall meet those requirements of the Central District Health Department and the state of Idaho Department of Health and Welfare; e. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another property; f. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, and other governmental agencies submitting comments, which comments specifically include: 1. Off-street parking shall be provided in accordance FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. JODI FIFE 7. 8. 9. 8 8 with Section 11-2-414 of the City Zoning and Development Ordinance; of Meridian 2. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D. 3.; 3. All signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance; 4. The Applicant shall enter into an Assessment Agreement with the City of Meridian and assessments for sewer and water service will be reviewed to determine whether additional load justifies an adjustment to the assessments; 5. The Applicant shall hold, maintain a daycare license from the state of Idaho and provide a copy thereof to the City of Meridian; 6. The operators' licenses shall be available on the premises for inspection at all times; The Applicant shall obtain a Certificate of Occupancy from the City of Meridian prior to commencing operation of the group day care home; The Applicant shall screen adjacent residential properties through landscaping and fencing; Any proposed review. signage shall be subject to plan The conditional use should not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and in other day care conditional uses and other conditional use applications. g. 9. if permit The above-conditions are concluded to be reasonable and is meet these the conditions. 10. granted the Applicant shall It is recommended that the conditional use permit not be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. JODI FIFE 8 8 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law... ROLL CALL COMMISSIONER BORUP VOTED VOTED COMMISSIONER SMITH COMMISSIONER NELSON VOTED COMMISSIONER MACCOY VOTED CHAIRMAN JOHNSON (TIE BREAKER) DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the ..- Conditional Use Permit requested by the Applicant for the property ::::~ed in t::;(Cation, APPROVED :~ 2-5-98 - Final ID .,;ff ~_. DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. JODI FIFE