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