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Stacie Ybarra AUP BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN STACIE YBARRA 1948 E. GLENLOCH (C~~lf ACCESSORY USE PERMIT MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing May 31, 1994, at the hour of 7:30 o.'clock p.m., the Petitioner 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 =. FINDINGS OF FACT 1. That a notice of a public hearing on the Accessory Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 31, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 31,1994, 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 t~levision 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 surrounding properties are residential homes. 3. That the Applicant requests an accessory use permit for FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1 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 i~. contained in the CHATEAU MEADOWS SUBDIVISION. 5. That the use proposed by the Applicant is set forth above and the Applicant proposes to care for 5 or less children; including 2 of her own children; that the definition of Family Child Care Home restricts the number,of children in that type of facility to 5 or less. 6. That the day care use proposed by Applicant is an allowed accessory in the R-4 and R-8 districts of which the Applicant's property is zoned. 7. That the subject property is occupied by the Applicant and her family; that the yard is 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 additional charges or fees. 9. That there was written testimony submitted both in favor and in opposi tion to the application; that the Applicant read orally two neighbors written testimonies for the Commissioners in favor of Applicant's request; that one written testimony was -received in opposition; cited as grounds for objection relate to the increase in traffic and parking problems; that the day care would be excessively noisy and cause destruction to neighbors property; that Mrs. Ybarra's ability to supervise her own children FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2 was in question let alone the responsibility of caring for others, a defaming statement. 10. That the Applicant tëstified that the children would be supervised at all times; that her hours of operation would be from 7:00 a.m. to 6:00 p.m. Monday through Friday, no evenings or weekends'. 11. That the Applicant does not live on an arterial or collector street. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of ~he 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 OF FACT. AND CONCLUSIONS OF LAW -- PAGE 3 Planning and Zoning Commission shall review applications for 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 ~pact 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 of the children. The ,fallowing 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 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. The Applicant shall keep the children in ,the fenced yard at all times except for drop-off and pick-up times when the parents be to shall bring into required the children the Applicant's home and come into the home to 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 the Applicant meets the conditions stated in paragraph 5, except numbers 1 and 2 and she will have to show evidence of the fence requirements; in regards to 1 she will have to obtain her license and in regards to 2 she will have to obtain the occupancy permit from the City Building Inspector. 8. That the Ci ty this Application an judged for has FINDINGS OF FACT,AND CONCLUSIONS OF LAW -- PAGE 4 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. 9. That the State of Idaho Health and Welfare Child Care Licensing for a Family Child' 'Care Home allows up to Six (6) 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. 10. That applications of this nature are difficult because the ordinances say the use is an allowed accessory use if the standards are met but the neighbors strongly object. If' the neighbors objections are allowed to control it is government by man not by law. The law controls and the use shall be allowed if the conditions are met. FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5 , " . APPROVAL OF FINDINGS OF FACT AND qQNCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER y/fr COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON ( TIE BREAKER) VOTED ~ ~ISIOJ' 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, which specifically include the requirements and conditions cited in Conclusions of Law number five (5), six (6) and nine (9) set forth above, 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 of the Ci ty of Meridian. The accessory use shall be subject to annual review upon notice to the Ap licant by the City. APPROVED: DISAPPROVED: CONCLUSIONS OF LAW -- PAGE 6 MOTION: