Laticia Vance AUP 99-009
8
8
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
LETICIA D. VANCE
)
)
)
)
)
)
)
)
)
Case No. AUP-99-009
In the Matter of the
APPLICATION FORAN
ACCESSORY USE PERMIT
FOR A FAMILY DAYCARE
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION
Applicant,
The above entitled accessory use permit application having come before
public hearing on June 8, 1999, at the hour of 7:00 p.m., at the Meridian City Hall,
33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission
having heard and taken oral and written testimony and the Applicant appearing in
person, and having duly considered the matter, the Planning and Zoning Commission
makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1.
A notice of the application was mailed by certified mail, return
receipt requested, to owners of property which abuts the external lot or boundary
lines of the 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION. 1
ACCESSORY USE FOR FAMILY DAY CARE HOME
. LETICIA VANCE
8
8
published for two (2) consecutive weeks prior to the said public hearing scheduled for
June 8, 1999; that the matter was duly considered at the June 8, 1999, 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.
There has been compliance with all notice and hearing
requirements set forth in Meridian Zoning and Development Ordinance Section 11-
2-410 (D) (1) and (2).
3.
The property which is the subject of the application for accessory
use permit is described in the application and by this reference is incorporated herein
as if set forth in full. The subject property is located at 1991 S. Covey Place,
Meridian, Ada County, State of Idaho.
4.
The Applicant is the record owner of the property and has filed a
written accessory use permit application.
5.
Pursuant to the application the subject property is currently
zoned (R-4) Low Density Residential District; the subject property is generally
located south of Overland Road, west of Meridian Road in the Elk Run Subdivision;
the abutting lots and parcels are residential; the Applicant requests an accessory use
permit for the operation of a family daycare.
6.
The Meridian Planning and Zoning Commission takes judicial notice
of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal
Code of the City of Meridian and all current zoning maps thereof and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 2
ACCESSORY USE FOR FAMILY DAY CARE HOME
- LETICIA VANCE
8
8
Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No.
629-Jan. 4,1994 and Maps and the Ordinance establishing the Impact Area Boundary.
7.
The Applicant requested the accessory use and the application was
not initiated at the request of the City of Meridian.
8.
Homer E. and Joyce c. Enslow of 1980 S. Covey Place, Meridian,
Idaho, filed an objection to the proposed use as did Glen Kay and Shirley M. Detro of
2008 S. Covey Place, Meridian, Idaho. The objections are, by this reference,
incorporated herein as if set forth in full.
9.
The proposed application requests an accessory use to operate a
family daycare on the subject property. The (R-4) Low Density Residential District
zoning designation within the City of Meridian Zoning and Development Ordinance
requires an accessory use permit be obtained for family childcare home such as that
requested by the Applicant. (Meridian City Zoning and Development Ordinance,
Section 11-2-409(A)).
10.
The applicant testified at the public hearing that the particular
characteristics of the subject property make the accessory use desirable. The applicant
further testified that the proposed family daycare home is properly screened and fenced
from adverse impacts to the health, safety and welfare of the children.
11.
The Meridian Planning and Zoning Administrator, Shari Stiles,
submitted testimony during the public hearing on this matter. Such report and
comments are hereby incorporated herein.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 3
ACCESSORY USE FOR FAMILY DAY CARE HOME
. LETICIA VANCE
8
8
12.
The Meridian City Fire Department and the Central District Health
Department submitted comments which are also hereby incorporated herein.
13.
The proposed use within the subject application will in fact
constitute an accessory use as determined by City policy.
14.
The proposed use within the subject application will not change the
appearance of the residence nor the condition of its residential character.
15.
The use proposed within the subject application will not adversely
impact surrounding properties due to the children's noise, traffic and other activities,
which are located away from and properly screened from adverse impacts to health,
safety and welfare of the children.
16.
No persons other than members of the family residing on the
premises shall be engaged in the proposed occupation.
17.
The use of the dwelling unit for the home occupation is incidental
and subordinate to its use for residential purposes by the Applicant.
18.
No significant traffic will be generated by the proposed family
childcare home.
CONCLUSIONS OF LAW
1.
All the procedural requirements of the Local Planning Act and of the
Ordinances of the City of Meridian were met including: the mailing of notice of the
application by certified mail, return receipt requested, to owners of property which abut
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ~ 4
ACCESSORY USE FOR FAMILY DAY CARE HOME
- LETICIA VANCE
8
8
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 8, 1999, the first publication of which was fifteen (15) days prior to
said hearing. (Meridian Zoning and Development Ordinance, Section 11-2-410 (D))
2.
The City of Meridian shall exercise the powers conferred upon it by
the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act' codified at Chapter 65, Title 67, Idaho Code (I.c. §67-6503).
3.
The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the "Act" except the power to adopt ordinances
by the establishment of a Planning and Zoning Commission by ordinance pursuant to
Idaho Code §6 7 -6504 which the City Council of the City of Meridian has established
by the passage of the "City of Meridian Zoning and Development Ordinance" at Title
XI, Chapter I, Municipal Code of the City of Meridian.
4.
As part of a Zoning Ordinance the Zoning Administrator shall,
subject to requisite hearing and notice provisions, determine whether a building,
structure or use is accessory to a principal permitted use, and may issue Zoning
Certificates for those which are determined to be accessory 'and which otherwise comply
with the accessory use provisions of the Zoning Ordinances. (Meridian Zoning and
Development Ordinance, Section 11-2-410 (D))
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 5
ACCESSORY USE FOR FAMILY DAY CARE HOME
- LETICIA VANCE
8
8
5.
To occupy and use real property which is designated and zoned as
(R-4) Low Density Residential District within the City of Meridian, for a family daycare,
requires approval by the Planning and Zoning Commission as provided for under the
City of Meridian Zoning and Development Ordinance, Section 11-2-410 (D).
6.
The Commission has the duty and responsibility to review the facts
and circumstances of each application for family daycare accessory use to determine
prior to granting the same that the evidential showing supports the finding that the
following standards are met:
6.1
6.2
6.3
6.4
6.5
6.6
7.
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; and
Provide for a fence of appropriate height/construction, to enclose
play areas, protecting children from traffic on arterial or collector
streets.
Violation of any of the aforementioned conditions shall be cause to
revoke a Zoning Certificate for a home occupation. (Section 11-2-410 (B)(2)(b), City
of Meridian Zoning and Development Ordinance)
8.
The City of Meridian has authority to place conditions on an
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 6
ACCESSORY USE FOR FAMILY DAY CARE HOME
- LETICIA VANCE
accessory use permit.
9.
8
8
The Meridian Zoning and Development Ordinance provides the
following relevant definitions:
9.1
9.2
Child care facility: Any home, structure or place where non-medical
care, protection, or supervision is regularly provided to children
under fourteen (14) years of age, for periods less than 24 hours per
day.
Family child care home: A child care facility which provides care for
five (5) or fewer children throughout the day.
(Section 11-2-403 (B), City of Meridian Zoning and Development
Ordinance )
10.
Upon review of an accessory use application the Commission must
take the following into account:
10.1 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:
10.1.1
10.1.2
10.1.3
10.1.4
10.1.5
10.1.6
The size of the lot in question;
The nature of the principal permitted use;
The use made of adjacent lots;
The actual incidence of similar use in the area;
The potential for adverse impact on adjacent property; and
The applicant must be the owner of the property under
consideration and the user of the accessory use.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 7
ACCESSORY USE FOR FAMILY DAY CARE HOME
- LETICIA VANCE
8
8
(Meridian City Zoning and Development Ordinance, Section 11-2-410 (D) (1))
11.
Family child care homes may be considered to be permissible
accessory uses in an (R~4) Low Density Residential District if it is approved after
applying the following additional review procedures and applicable accessory use
standards of Section 11-2-410(D)(I)(b); the Applicant shall be required to pay any
additional sewer, water and trash charges or fees, if any are required; the use shall be
considered as a commercial use; and pay the fee of eighty dollars ($80.00).
12.
Prior to granting a family child care home accessory use in a (R-4)
Low Density Residential District, notice of the application shall be mailed by certified
return receipt mail to owners of property which abut the external lot of the boundary
lines of the subject property. Notice of the application shall be published for two (2)
consecutive weeks. Fifteen (15) days from the date of publication shall be allowed to
response and comment to said notice. (Sections 11-2-410(D)(1)(b)(1),(2) City of
Meridian Zoning and Development Ordinance)
13.
If there is an objection to the proposed use filed within the time for
response, a hearing, after notice, shall be held by the Planning and Zoning Commission,
which may grant or deny the application after making Findings of Fact. (Section 11-2-
410(D)(I)(b)(6) City of Meridian Zoning and Development Ordinance)
14.
If there are no objections filed within the time for filing the same the
Zoning Administrator may grant the request. Any aggrieved party may appeal the
decision to the City Council within thirty (30) days of the Commissions decision, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 8
ACCESSORY USE FOR FAMILY DAY CARE HOME
- LETICIA VANCE
8
8
if not so appealed the decision shall become final. (Sections 11-2-410 (D)(1)(b)( 6),(7)
City of Meridian Zoning and Development Ordinance)
15.
Having made the afore stated Findings of Fact and Conclusions of
Law the City of Meridian Planning and Zoning Commission hereby approves the
proposed application for a family child care home accessory use set forth herein above
with the following conditions:
15.1 Secure and ¡naintain a child care license from the Idaho State
Department of Health and Welfare-Child Care Licensing Division
if required;
15.2 Acquire an occupancy certificate and/or building permit;
15.3 Provide one off-street parking space per employee, which may be the
driveway to the home;
15.4 Provide for child pick-up area located off of arterial or collector
streets;
15.5 Provide for screening of adjacent properties to protect children from
adverse impacts and to provide a buffer between properties; and
15.6 Provide for a fence of appropriate height/construction, to enclose
play areas, protecting children from traffic on arterial or collector
streets.
15.7 All Meridian City Fire Codes will need to be met.
15.8 No signage will be permitted.
15.9 No employees that are not residents of the home will be permitted.
15.10 Violation of any of the above conditions shall be cause to revoke a
Zoning Certificate. The use will be subject to review upon notice to
the Applicant.
16.
The afore stated conditions are concluded to be reasonable and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 9
ACCESSORY USE FOR FAMILY DAY CARE HOME
- LETICIA VANCE
8
8
Applicant shall meet such requirements as a condition of approval of the application for
a family daycare home accessory use permit.
FINDINGS OF .FACT AND CONCLUSIONS OF LAW AND DECISION - 10
ACCESSORY USE FOR FAMILY DAY CARE HOME
- LETICIA VANCE
--
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 and Law.
ROLL CALL
COMMISSIONER BORUP VOTED i¥-
COMMISSIONER SMITH VOTED ~)
COMMISSIONER DEWEERD VOTED t
COMMISSIONER BARBEIRO VOTED
CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED -,
DECISION
The Meridian Planning and Zoning Commission determines that upon review of the
applicable standards and guidelines as set forth in Section 11-2-410 D of the Zoning
and Development Ordinance of the City of Meridian, the established record, and
applicable law, that the Applicant met the requisite accessory use standards. Given
the forgoing, the subject application for family daycare home accessory use as set
forth herein shall be granted and the use allowed subject to the conditions imposed
herein. The accessory use shall be subject to review by the City upon notice to the
Applicant.
APPROVED:
~
DISAPPROVED:
'yIZ,\Wo,klMlMori",n 1536<JMIV'nœ, L A~ D "\A:U . 'fí 13/rr
FINDINGS OF FACT AND ONC~ SIONS~ AND ¿;~ISION - I I
ACCESSORY USE FOR FAMILY DAY CARE HOME
- LETICIA VANCE