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Debb Carstenson AUP rJJ (j~ BEFORE THE PLANNING AND ZONING COMMISSION OF TEE CITY OF MERIDIAN DEBB M. CARSTENSEN ACCESSORY USE PERMIT 1840 EAST MEADOW WOOD STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing June 8, 1993, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the Ci ty 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 June 8, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 8, 1993, 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 surrounding properties are residential homes. FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1 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 lS contained in the CAIRNS neighborhood as designated on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan; neighborhoods are defined in the Plan at Page 6 and states as follows: "Definition: The neighborhood is a residential area with uniform characteristics of a size comparable to that usually served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one-half to one and one- half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification." 5. That the use proposed by the Applicant is set forth above and the Applicant proposed to care for 6 or less children, and 4 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-4and R-8 districts of which the Applicant's property is zoned. 7. That the subject property lS occupied by the Applicant and her family; that the yard is completely fenced; that there is a 1,000 foot play area, along with an 80 foot graveled sand box; that the property does not have irrigation canals or facilities in the area. 8. That sewer and water is already connected to the FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2 property, but the use may require additional charges or fees. 9. That there was written and oral testimony submitted in opposition to the application; that the reasons cited as grounds for objection relate to the increase in traffic and parking problems, it was expressed that the day care would interfere with the residential character of the area and would hinder the resale of property. There was no testimony submitted in favor of the Application. 10. That the Applicant testified that the children would be supervised at all times; that her hours of operation would be from 7:00 a.m. to 5:30 p.m. 5 days per week and closed on the holidays, that she was now caring for 6 children; and that she had parking spaces for three cars in her driveway. 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3 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 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 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) Secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division if required. (2) Acquire an occupancy certificate. (3) Provide one (1) off-street parking space per employee which may be the driveway to the home. (4) Provide for child pick-up are located off or arterial or collector streets. (5) Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. (6) Provide for a fence of appropriate height/construction, to enclose play areas, protecting children from traffic on arterial or collector streets. 6. The Applicant shall keep the children in the fenced yard at all times except for drop-off and pick-up times when the parents shall be required to bring the children into 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4 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 City has judged this Application for an 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 CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED~ VOTED~ VOTED~ 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, 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 City of Meridian. The conditional use shall be subject to annual review upon notice to the Applicant by the City. MOTION: APPROVED:~ DISAPPROVED: FINDINGS OF FAC~ AND CONCLUSIONS OF LAW -- PAGE 6