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Kelly Nesten AUP BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION KELLY NESTEN ACCESSORY USE PERMIT 1990 NORTHWEST 12TH STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing January 10, 1995, at the hour of 7:30 o'clock p.m., the Petitioner did not appear at the Planning and Zoning meeting, 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: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application and the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 10, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 10, 1995, 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. That this property is located within the City of Meridian and the Applicant owns the property which property is described in the application which description is incorporated herein; that the FINDINGS AND CONCLUSIONS - NESTEN CONDITIONAL USE Page - 1 surrounding properties are residential homes. 3. That the Applicant requests an accessory use permit for the operation of a Family Child Care Home; that such use requires an accessory use permit in any zone where allowed. 4. That the property is contained in the LINDER DISTRICT as designated at Page 7 of the Meridian Comprehensive Plan; that neighborhoods are referenced in the Plan at Page 70 and the Plan states as follows: "The neighborhood is a distinctive residential walking area, whereas a community provides services and identity for a group of neighborhoods. Neighborhood areas within Meridian tend to be defined by schools, open spaces, traffic circulation ,patterns, and natural features, such as creeks. 5. That the use proposed by the Applicant is set forth above and it is assumed that the Applicant proposes to care for 5 or fewer children, although not so stated in the Application, but the Application is for a Family Day Care use, and Applicant indicates in the Application that a state day care license is required for this type of facility. 6. That the day care use proposed by Applicant is an allowed accessory use in the R-8 district of which the Applicant's property is zoned. 7. That the subject property is occupied by the Applicant and her family; that it is proposed that the yard be completely fenced; that the property does not have irrigation canals or facilities in the area. 8. That sewer and water is already connected to the property, but the use may require addi tional charges or fees. FINDINGS AND CONCLUSIONS - NESTEN CONDITIONAL USE Page - 2 9. That there was some written testimony submitted that stated they had no opposition to the operation of a family day care at the Applicant's home; that there was one written letter that stated that she had opposition to the use as a family day care; that the opposing letter stated that the concern was the noise level, that the subdivision covenants state that no business shall be established in the subdivision, and that she was concerned over child safety. 10. That since the Applicant did not appear she did riot testify about the children being supervised at all times; what the hour~ of operation would be; if she was also caring for her own children; or whether she would have off-street parking spaces. 11. That the Applicant does not live on an arterial or collector street. 12. That the City Engineer's office submitted comments. That it was stated that sewer and water fees will have to be adjusted to meet the City Ordinance requirements and that the Ada County Highway District comments shall have to be referred to with respect to off-street requirements. 13. That the Meridian Planning and Zoning Administrator submitted comments stating that a maximum of five children may be cared for throughout the day; that the total number of children cared for during the day and not the number of children at the facility at anyone time is determinative; that ample off-street parking is available; that all landscaping and fencing shall be in place prior to operation; that landscaping around the perimeter is FINDINGS AND CONCLUSIONS - NESTEN CONDITIONAL USE Page - 3 required in addition to fencing to buffer adjacent residential properties; that a yearly review of the City Council should be required; that hours of operation shall not extend beyond those represented by the Applicant; and that the applicant shall be required to pay any additional sewer, water and trash charges or feed, if required. 14. That there was no other testimony at the hearing, that all procedures have been met, and the matter has been fully submitted to the Planning and Zoning Commission.. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property which abut the external lot or boundary lines of the property under consideration. 2. That the city of Meridian has authority to grant Accessory Uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-410 D of the Revised and Compiled Ordinances of the City of Meridian; and 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place conditions on an accessory use permit 5. That 11-2-410 D of the Revised and Compiled Ordinances of the city of Meridian sets forth the standards under which the FINDINGS AND CONCLUSIONS - NESTEN CONDITIONAL USE Page - 4 Planning and Zoning applications for Commission review shall Accessory Use Permits; that those standards are as follows: 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, safely and welfare of the children. The following conditions shall apply: ( 1 ) ( 2 ) ( 3 ) (4 ) , ( 5 ) (6 ) 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. Provide one (1) off-street parking space per employee which may be the driveway to the home. Provide for child pick-up located off an 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. That the Applicant shall keep the children in a fenced yard at all times except for drop-off and pick-up times when the parents shall required bring children into the be to the Applicant's home and come into the home to the pick the children up. The children shall at no time be allowed out side of the fenced area when not accompanied by an adult. 7. That City judged this Application an for has the accessory use permit upon the basis of guidelines contained above and the record submitted to it and the things of which it can take judicial notice. 8. That the State of Idaho Health and Welfare Child Care Licensing for a Family Child Care Home allows up to Six ( 6 ) FINDINGS AND CONCLUSIONS - NESTEN CONDITIONAL USE Page - 5 .' ' /' children to be cared for but 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 to be cared for under this accessory use permit. 9. impact surrounding properties due to children's noise, traffic and That the Family Child Care Home shall not adversely other activities. ( 1 ) (2 ) , ( 3 ) (4 ) (5 ) (6 ) 10. The following conditions shall apply: Secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. - Acquire an occupancy certificate. Provide one (1) off-street parking space per employee which may be the driveway to the home. Provide street. child pick-up fronting for located off the 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. That there shall be no more than five (5) children cared for at the home throughout the day; that this number of children is arrived at from the total number of children at the facility and not the number of children at the facility at one time; that objection was made that the subdivision has covenants that do not allow businesses; that the City does not enforce covenants and the City therefore, Ordinances family conditional uses; day allow cares as it is concluded that this family day care may be operated and the conditional use permit should be granted; that the FINDINGS AND CONCLUSIONS - NESTEN CONDITIONAL USE Page - 6 ! . person may enforce the covenants and these findings and conclusions do not in any way prevent enforcement of the covenants. 11. That the above conditions are concluded to be reasonable and the Applicant shall meet those conditions. 12. That it is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED ~ VOTE Dr- VOTED IJ-~ VOTED~ VOTED ~ COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) DECISION The Meridian Planning and Zoning Commission 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. The conditional use shall be subject to annual review upon notice to the Applicant by the City. MOTION: J~ / APPROVED~ DISAPPROVED: FINDINGS AND CONCLUSIONS - NESTEN CONDITIONAL USE Page - 7