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CASE NO. SUP-256-05
OLVERA DAYCARE
GROUP DAYCARE FACILITY
BEFORE THE CALDWELL HEARING EXAMINER
CITY OF CALDWELL, IDAHO
DECEMBER 27, 2005
Order of Decision
AN APPLICATION SUBMITTED BY RAQUEL OLVERA FOR A SPECIAL USE PERMIT TO OPERATE A GROUP
DAYCARE FACILITY FOR SEVEN TO TWELVE CHILDREN IN A FACILITY LOCATED AT 824 NORTH 7TH
AVENUE.
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS,
II GENERAL FACTS,
III TESTIMONY,
IV APPLICABLE LEGAL STANDARDS,
V COMPREHENSIVE PLAN ANALYSIS,
VI FINDINGS OF FACT,
VII CONCLUSIONS OF LAW,
VIII ORDER OF DECISION.
I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application SUP-
256-05 held before the Caldwell Hearing Examiner on December 27, 2005. Public notice requirements set
forth in Idaho Code, Chapter 65, Local Planning Act, were met. On December 12, 2005 notice was
published in the Idaho-Press Tribune; on December 9, 2005 notice was mailed to all property owners within
300 feet of the project site and to all political subdivisions providing services to the site; and, on December
15, 2005 notice was posted on the site.
1.2 Files and exhibits relative to this application are available for review in the Community Development
Department and will be available for review at all public hearings.
II GENERAL FACTS
2.1 OWNER/APPLICANT(S): Raquel Olvera, 824 North 7th Avenue, Caldwell, Idaho 83605(phone 713-2731)
2.2 LOCATION: 824 North 7th Avenue — Caldwell, Idaho
2.3 REQUEST: Approval of a special use permit to operate a child care center within a R-3 (Multi-Family
Residential) zone facility at 824 North 7th Avenue. The Applicant is requesting a special use permit to
conduct a Group Daycare facility for 7-12 children.
2.3.1 Zoning Ordinance No. 1451, Section 10-03-11, entitiled "Definitions", defines a Group Daycare as: "A
facility which provides care, service, and supervision for at least seven (7) but not more than twelve (12)
children at one time, who do not normally reside in the home; provided, that such facility is licensed by the
State and conducted in accordance with City and State requirement."
ED
Page 1 of 8
SUP256-05(Olvera Daycare) Public Hearing of December 27, 2005
2.3.2 Section 10-02-10, Group Daycare facility, sets forth specific requirements. The following requirements apply
to a Group Daycare Facility:
1) Obtain all State licenses prior to conducting business. The Applicant will be required to show
proof of State approval.
2) Provide off-street parking of one (1) space for each employee. Provide an area sufficient for drop-
off and pick-up of children. On-street drop-off and pick-up is not allowed on collector or arterial
streets. Location on collector or arterial streets shall provide a separate means of ingress and
egress to the site from a public street. The site is located on a local street and thus may be use
for drop-off and pick-up of children. Ms. Olvera has indicated that she will provide two
parking spaces and thus meets the on-site parking requirement for one employee and drop-
off and pick-up of children as well.
3) In residential zoning districts, no structural alterations are allowed which would result in changing the
exterior residential character of the building. The Group Daycare Facility will be located within
the applicant's stick built home. As part of the Special Use Permit, the conditions of
approval will include this requirement.
4) As a condition of approval, the Hearing Examiner shall establish the maximum number of children
allowed. The number of children that can be cared for at any one time will be based upon how
much indoor space can realistically be set aside for the children according to the provisions
of the zoning ordinance.
The total square footage of the home includes 872 square feet. Staff worked with the
applicant to determine that 484 square feet of the facility qualifies for the Group Daycare
Facility purpose. Zoning Ordinance No. 1451 requires 35 net square feet of indoor floor
space per child.
5) Landscaping, additional setbacks, walls or fences may be considered and required by the Hearing
Examiner as part of the permitting process. The Applicant indicates in the narrative that the
outdoor area is confined with a cedar, six-foot site-obscuring fence.
6) No outdoor activities shall be allowed before 7:30 a.m. or '/ hour after sunset.
7) A minimum of 35 square feet of net indoor floor area per child is required. The floor plan indicates
that 484 net square feet is available (484 divided by 35 = 13). The Applicant is requesting
approval for 12 children.
8) A minimum of 70 square feet of outside play area per child is to be provided. Outdoor activity areas
for children shall occur within an area enclosed by a six-foot high fence. The fencing may be
located along side and rear lot lines or internally within the property, in conformance with City
fencing regulations. The site plan shows the outdoor area to be 2,652 (2,652 divided by 70 =
37), which is adequate for the number of children requested.
9) No play equipment or play structures shall be allowed in the front yard or within ten feet of the side
or rear lot lines. Photos provided by the applicant indicate that no play equipment or structure
is located in the front yard.
10) Facilities are required to comply with all applicable American with Disabilities Act (ADA)
requirements. The Applicant's site plan does include ADA parking spaces and the structure
will be in compliance with ADA standards. If approved, the Applicant will be required to
apply for a change in use (building) permit within 6 months. The Building Official will
determine ADA compliance.
Page 2 of 8
SUP256-05(Olvera Daycare) Public Hearing of December 27, 2005
It should be noted that the applicant has applied for street improvements prior to the submittal of the
special use permit application with the City of Caldwell through the Local Improvement District
provision (L.I.D.).
Ms. Olvera currently operates a home occupation daycare (1-6 children) within the home.
2.4 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
2.4.1 Property Rights:The five checklist criteria set forth by the Attorney General in the"Idaho Regulatory Takings
Act Guidelines" were reviewed by planning staff and none of the criteria was answered in the affirmative.
2.4.2 School Facilities and Transportation: The Caldwell School District was notified of the request through
mailing of the hearing notice on December 9, 2005.
2.4.3 Land Use: The land is zoned R-3 (Multi-Family Residential). Zoning Ordinance No. 1451, Section 10-02-02,
Land Use Schedule, permits child care center facilities to be located in an R-3 zone with approval of a
special use permit.
2.4.4 Public Utilities and Facilities: In a memo dated November 30, 2005, the Engineering Department
submitted the following comments:
Rights-of-Way
1. The existing forty (40) foot one-half width right-of-way along N. 7th Ave. is above minimum City
standards fora non classified street. The dedication of additional right-of-way will not be required at
this time.
2. The existing forty (40) foot one-half width right-of-way along Galveston. is above minimum City
standards for a non classified street. The dedication of additional right-of-way will not be required at
this time.
3. The existing thirty(30)foot right-of-way along Frontage Road is above minimum City standards for a
non classified street. The dedication of additional right-of-way will not be required at this time.
Street
1. In accordance with the City of Caldwell's Infrastructure Improvement Policy, the applicant will be
required to construct attached 4' sidewalk along the entire Galveston Street frontage. Refer to City of
Caldwell Supplemental Specifications to the 2005 ISPWC (standard drawing C-709).
2. In accordance with the City of Caldwell's Infrastructure Improvement Policy, the applicant will be
required to construct frontage improvements along the entire length of the N.7th Ave frontage and
are to include curb and gutter, 4' sidewalk and paving (one-half width plus seven and one-half feet
of asphalt). Refer to City of Caldwell Supplemental Specifications to the 2005 ISPWC (standard
drawing R-810, C-701, C-709).
3. In accordance with the City of Caldwell's Infrastructure Improvement Policy, the applicant will be
required to construct pedestrian ramps at the intersections of N. 7th Ave and Galveston and at the
intersection of N.7th Ave and Frontage Road. Refer to City of Caldwell Supplemental Specifications
to the 2005 ISPWC (standard drawing C-712A).
4. Any approaches are required to comply with ACHD intersection spacing and alignment
standards at a minimum and shall be constructed to City Standards, refer to City of Caldwell
Supplemental Specifications to the 2005 ISPWC (standard drawing C-710).
Page 3 of 8
SUP256-05(Olvera Daycare) Public Hearing of December 27, 2005
Sewer& Water
1. The subject property is currently connected to both domestic water and sanitary sewer.
Additional connection fees (if applicable) will be assessed with the Special Use Permit
Application for these City services.
Storm Drain
1. Provision is to be made for the disposal of stormwater drainage that may occur from the addition
of impervious surfaces in accordance with the City Stormwater Management Policy. A copy of
this policy is available upon request.
Irrigation
1. Irrigation water for any and all landscaping shall be obtained from applicable Irrigation District
sources. City municipal water may be used only if the criteria specified in the Landscape
Ordinance Section 10-07-12 are met.
General
1. Prior to commencement of construction in any dedicated right-of-way, the City Engineer staff is
to be notified. Appropriate City personnel are to be notified in advance of all required
inspections.
2. All traffic control for the project shall meet the requirements of the Manual on Uniform Traffic
Control Devices (M.U.T.C.D.) and the City Engineer. The contractor shall provide a traffic control
plan to the City Engineer for review prior to any construction within the right-of-way.
3. Appropriately licensed public works contractors shall perform all construction of dedicated facilities.
2.4.5 Southwest District Health: In a memo dated November 10, 2005, Guy Manley indicated that Southwest
District Health can not comment until an inspection is completed.
2.4.6 Health & Welfare: Vicki Ramirez of the Health & Welfare Department was notified of the request on
November 7, 2005. In a memo dated December 6, 2005 Marilyn Acevedo submitted the following comment:
Rachel Olvera has complete all requirements needed for establishing licensing for an In-Home Daycare
except for the Planning and Zoning approval. A temporary Basic Day Care has vbee issued effective
11/1/05 through 2/28/06.
2.4.7 Fire Protection: The Caldwell Fire Department was notified of the request for public comments through
mailing of the public hearing notice on November 7, 2005.
2.4.8 Building Code: Building code issues will be addressed at the time of the Change of Use permit review. In a
memo dated December 7, 2005 the Building Department submitted the following comments: all 1-4
occupancies are required to provide ADA access and automatic fire sprinkler systems.
2.4.9 Transportation: The property is located on 7th Avenue which is classified as a local street. On-site drop off
and pick up is provided as indicated on the site plan.
III TESTIMONY Public Hearing December 27, 2005
3.1 Melodie Halstead, Community Development Staff, presented the application and facts associated with
this file.
Page 4 of 8
SUP256-05(Olvera Daycare) Public Hearing of December 27, 2005
3.2 Brent Orton, Associate Engineer, explained the requirements for road improvements along Ms. Olvera
property.
3.3 Raquel Olvera, Applicant, acknowledged that she is currently operating a family day care with less than
6 children. Ms. Olvera understands and agrees with all conditions listed within the staff report.
Testimony closed at 7:30 p.m.
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell 1977 Comprehensive Plan, as amended.
4.2 City of Caldwell Zoning Ordinance No. 1451, as amended.
4.3 Idaho Code, Chapter 65, Local Planning Act
V THE HEARING EXAMINER'S COMPREHENSIVE PLAN ANALYSIS — The Caldwell Hearing Examiner
accepts the Plan Analysis as written.
5.1 Property Rights -
GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate property rights,
adversely impact property values or create unnecessary technical limitations on the use of the property.
OBJECTIVE B: To identify potential takings of private property prior to a regulatory or administrative action
on specific property.
POLICY 1: Planning and zoning actions may be subject to a regulatory takings analysis provided in section
67-8003 of the Idaho Code. Staff will follow the Attorney General's Checklist Criteria outlined in the Idaho
Regulatory Taking Act Guidelines prior to initiating any proposed regulatory or administrative action on
specific property, and to request legal counsel's review if any one of the criteria is answered in the
affirmative. Staff reviewed the five criteria outlined in the Takings Act Guidelines and did not answer
yes to any of the criteria.
5.2 School Facilities and Transportation -
GOAL: To provide on-going opportunity for school representatives of Caldwell and Vallivue School Districts
to participate in the community planning process.
POLICY 1: Include the school districts in the review process when considering land-use proposals. Notice of
the hearing should be provided to the districts along with any additional information that the districts may
request.
5.3 Land Use —
GOALS:
I. To establish land-use management policies that protect property rights and the environment, maintain a
high quality of life, provide adequate land for all types of development, and adequately buffer non-
compatible uses.
II. To create a strong sense of community and place.
III. To create communities that are more livable, affordable and ecologically sustainable.
IV. To create communities that accommodates cost effective public services and infrastructure.
Page 5 of 8
SUP256-05(Olvera Daycare) Public Hearing of December 27, 2005
OBJECTIVES APPLICABLE TO ALL LAND USES:
OBJECTIVE A: To guide the growth and development of land uses in such a way that the health, safety,
and general welfare of residents will be protected.
POLICIES FOR RESIDENTIAL USE:
POLICY 1: Encourage special uses in areas where they can be appropriately integrated with the
surrounding area and where the health, safety, and general welfare of the neighborhood would not be
adversely impacted. Realistic conditions that would assist in the proposed use is compatible with the
surrounding area should be carefully considered and applied on a case-by-case basis. The site is located
within a residential neighborhood; the outdoor play area is in the back yard and is required to be
fenced.
5.4 Public Services, Utilities and Facilities —
GOALS: I. To ensure that there are adequate public services and infrastructure to meet the needs of the
public.
II. To optimize the public investment in services and facilities.
OBJECTIVE B: To coordinate efforts among public agencies in order to provide better services to the
public.
POLICY 1: To assure that the developer provides adequate water supply for fire flow.
POLICY 5: Encourage new development to meet the City's public infrastructure design standards, and any
other applicable public entity's adopted policies.
5.5 Transportation -
GOALS APPLICABLE TO CIRCULATION:
I. To provide for the efficient, safe, and cost-effective movement of people and goods.
II. To protect public safety and the environment.
OBJECTIVE A: To encourage the adoption of standards for parking and street sections that strike a
balance between safe access, adequate parking, fire safety and support for pedestrian circulation.
VI THE HEARING EXAMINER'S FINDINGS OF FACT
6.1 The Caldwell Hearing Examiner accepts the facts outlined in the staff report, and public testimony
presented.
VII THE HEARING EXAMINER'S CONCLUSIONS OF LAW
7.1 The Caldwell Hearing Examiner has the authority to hear this case and to approve or deny it. The public
notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho
Code and City ordinances.
VIII THE HEARING EXAMINER'S ORDER OF DECISION
SUP256-05(0/vera Daycare) Page 6 of 8
Public Hearing of December 27, 2005
8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner orders that Case
No. SUP-256-05, a request by Raquel Olvera for a special use permit to operate a Group Daycare Facility at
824 North 7th Avenue is approved with the following conditions:
8.2 The specific terms and conditions placed on the Special Use Permits shall run with the land and remain
valid upon a change of ownership, or until such time the Permit may be revoked, become invalid, replaced
with another approved use, or the use is discontinued for more than a year. The Special Use Permit is not
transferable from the approved site to another site.
8.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with all
conditions placed upon the Special Use Permit.
8.4 No changes in the conditions and terms of this Special Use Permit, as approved, shall be undertaken by the
Applicant until the Community Development Director has reviewed the proposed changes. If the Director
determines that the change is substantial, the change shall only be granted by the Caldwell Hearing
Examiner as an amendment to the Special Use Permit through the public hearing process.
8.5 Any violation of the terms and conditions of this Special Use Permit by the Applicant will be deemed a
misdemeanor and subject to the provisions set forth in Idaho Code, 18-113. Each day's continued violation
will be deemed a separate offense.
8.6 The occupancy load shall be as approved by the Building Official and Fire Marshal, but in no case, shall the
number of children enrolled at any time exceed the requirement of 35 feet of indoor floor space per child
and 70 square feet of outdoor play area per child. Under no circumstances, however, may the Applicant
provide care for more than 12 children.
8.7 The Applicant must obtain a change-in-use permit within six months (6)from the date of signing the
Order of Decision from the Building Safety Department and shall obtain all applicable State licenses for
providing childcare services. Street improvements shall be resolved with the engineering department.
Copies of the applicable State licenses and municipal building code permit shall be submitted to the
Community Development Director and made a part of the case file.
8.8 All requirements of the Building Official, Fire Marshal, Engineering Department, and Community
Development Department shall be met as a part of the change in use permit process. No outdoor
activities shall be allowed before 7:30 a.m. or '/ hour after sunset. No play equipment or play structures
shall be allowed in the front yard or within ten feet of the side or rear lot lines. The applicant shall comply
with ADA requirements.
8.9 The Applicant already has provided a six-foot, site-obscuring fence along the side and rear lot lines of the
property in conformance with the City fencing regulations.
8.10 The Applicant must comply with all applicable handicapped accessibility requirements as determined by the
Building Official.
8.11 Any new signage must comply with the City sign ordinance regulations, Section 10-02-06.
8.12 Applicant must show Idaho State approval of the daycare facility and required license to conduct the
daycare prior to the Certificate of Occupancy issuance.
8.13 No structural alterations are allowed which would result in changing the exterior residential character of the
building.
Page 7 of 8
SUP256-05(Olvera Daycare) Public Hearing of December 27, 2005
CASE NUMBER SUP-256-05 WAS HEARD BY THE HEARING EXAMINER AT A PUBLIC HEARING HELD
DECEMBER 27, 2005.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE ORDER OF DECISION WAS
ADMINISTRATIVELY APPROVED AND SIGNED BY HEARING EXAMINER MAPP ON THE DATE NOTED
BELOW.
Jerome'`Mapp, He.ri•g Examiner
�� ATTEST:
Date:
Community Development Director
Page 8 of 8
SUP256-05(Olvera Daycare) Public Hearing of December 27, 2005
CASE NO. SUP-257-05
Melinda & Roland Johnson
JOHNSON CHILD CARE CENTER
BEFORE THE CALDWELL HEARING EXAMINER
CITY OF CALDWELL, IDAHO
DECEMBER 27, 2005
Order of Decision
AN APPLICATION SUBMITTED BY ROLAND JOHNSON FOR A SPECIAL USE PERMIT TO OPERATE A CHILD
CARE FACILITY FOR FIFTY CHILDREN IN A FACILITY LOCATED AT 710 E. LINDEN STREET.
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS,
II GENERAL FACTS,
III TESTIMONY,
IV APPLICABLE LEGAL STANDARDS,
V COMPREHENSIVE PLAN ANALYSIS,
VI FINDINGS OF FACT,
VII CONCLUSIONS OF LAW,
VIII ORDER OF DECISION.
I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application SUP-
256-05 held before the Caldwell Hearing Examiner on December 27, 2005. Public notice requirements set
forth in Idaho Code, Chapter 65, Local Planning Act, were met. On December 12, 2005 notice was
published in the Idaho-Press Tribune; on December 9, 2005 notice was mailed to all property owners within
300 feet of the project site and to all political subdivisions providing services to the site; and, on December
15, 2005 notice was posted on the site.
1.2 Files and exhibits relative to this application are available for review in the Community Development
Department and will be available for review at all public hearings.
II GENERAL FACTS
2.1 APPLICANT: Roland & Melinda Johnson, P.O. Box 283, Caldwell, Idaho 83606 (phone 455-2442)
2.2 OWNER: Cleosa Hill, 710 E. Linden Street, Caldwell, ID 83605
2.2 LOCATION: 824 North 7th Avenue — Caldwell, Idaho
2.3 REQUEST: Approval of a special use permit to operate a childcare center within a R-1 (Single-Family
Residential) zone facility at 710 E. Linden Street. The Applicant is requesting a special use permit to
conduct a Child Care Center for 50 children.
2.3.1 Zoning Ordinance No. 1451, Section 10-03-11, entitiled "Definitions", defines a Child Care Center as: "A
facility which provides care, service, and supervision for more than twelve (12) children at one time;
provided that such facility is licensed by the State and conducted in accordance with City and State
requirement."
Page 1 of 7
SUP257-05 Johnson Child Care Center HEOD Public Hearing of December 27, 2005
NLDW:k
City of Caldwelr
--ke4 COMMUNITY DEVELOPMENT DEPARTMENT
•
47e:4i Land Use and Zoning Services
re To O
March 30, 2006
Raquel Olvera
824 N. 7th Avenue
Caldwell, ID 83605
Re: ORDER OF DECISION—CASE NUMBER SUP-256-05 GROUP DAYCARE
FACILITY
Dear Ms. Olvera:
Enclosed for your files is a copy of the SUP-256-05 Order of Decision as approved and
signed on March 28, 2006 by the Hearing Examiner, M. Jerome Mapp.
If we can be of any assistance or if you have any questions, please call me.
Sincerely,
Brian Billingsley, AICP
Senior Planner
Enclosure
cc: Case File
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CITY HALL 621 CLEVELAND BLVD. P.O. BOX 1177 CALDWELL, ID 83605 • (208)455-3021 (FAX) (208)455-3050