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: