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Home My WebLink AboutJones, Lynn CUP ~ '_.."m_-..O:: 8 HUB OF TREASURE V ALLEY 8 .~.. CITY OF MERIDIAN -~: - . OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Sup!. JOHN T. SHAWCROFT, Waste Water Sup!. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON. JR.. Attorney ..- -". .- COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRiE WALTW. MORROW SHARI STILES Planner & Zoning Administrator A Good Place to Live 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433. FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor JIM JOHNSON Chairman. Pianning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 3. 1995 TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95 REQUEST: Conditional Use Permit BY: Lynn Jones LOCATION OF PROPERTY OR PROJECT: Subdivision _JIM JOHNSON, P/Z _MOE ALIDJANI, PIZ _JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, CIC _BOB CORRIE, CIC _WALT MORROW, CIC _MAX YERRINGTON, CIC _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER Lot 2 . Block 2 of Cougar Creek _MERIDIAN SCHOOL DISTRICT _MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) _ADA COUNTY HIGHWAY DISTRICT _ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH _NAMPA MERIDIAN IRRIGATION DISTRICT _SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) _U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) ~CITY FILES _OTHER: YOUR CONCISE REMARKS: -=~ 8 8 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERHIT NAHE: T,Yl\TN ,TONRS PHONE 362-5437 -.-- -- ADDRESS: 3660 S.COLE BOISE, ID 8370 GENERAL LOCATION: DESCRIPTION OF PROPOSED CONDITIONAL USE: FOR USE AS A 12 CHILD DAY CARE FACILITY FOR CHILDREN AGES FIVE YEARS OLD AND UP. ZONING CLASSIFICATION: R-ß PLAN: A plan of the proposed si te for the' condi tional use showing the location of all buildings, parking and loading areasr traffic access and traffic circulationr open spaces, landscaping, refuse and service areasr utilities, signs and yards. LEGAL NOTICE OF PUBLIC HEARING, pursuant to established procedure, NOTICE IS HEREBY GIVEN that the M~ridian planning and Zoning commission will hold a Public Hear i ng in the Her i di an City Hall on -:!o,M"t'rq ¡ Ò, ¡C¡1 ') I at '1; 30 {-r'. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by LYNN JONES for the property generallY described SUBDIVISION as located at COUGAR CREEK BLOCK ? LOT NUl,tBER 2 TO " 8 1) APPLICANT: 2) OWNER: 3) LEGAL DESCRIPTION: 4) PROOF OF OWNERSHIP: 5) EXISTING USE: 6) PROPOSED USE: 7) DESIRABLE CHARACTERISTICS: 8) MAILING LIST: ,8 Lynn Jones 3660 S. Cole Boise, 10 83709 (208) 362-5437 Larry Stoker 3175 N. Cole Boise, ID 83704 (208) 375-1367 Cougar Creek Subdivision Block 2, Lot 2 See attached Earnest Money Agreement New residential subdivision being developed; this will be a new construction of a home with space designed for day care services. We propose to use the site for a 12 child day care center, to be operated in accordance with all appropriate day care laws. The subject property is in a residential sub- division with homes of comparable value. By providing day care in the area, area families will be able to have safe and secure day care for their children close to their homes. By designing day care as part of the new home construction, many of the conversion disadvan- tages in converting existing homes into day care can be avoided. See attached mailing list. ".,..., \A FULLANO MPL TE LEGAL D SCRIPTION M ST BE INS¡;RTEO DR ATTACHED PRIOR TO EXLI."ÚnON BY SELLER- Buyef hereby au\f1OriZ,," broker to insert over his signature me correct legal descripuon o(lhe premises il unavailable al the lima 01 signing, or 10 cone<:l the legel descriplion ptallÎOUsly entered II arroneous or incomplete.). 2. w;r~~:;;=::;"Õ'~~' .~~~~~~~ ~I~~ -. (b) Earnesl Money to be daposiled In Irusl account pon acceptence by all partleo and shall be held by: OLisling Brokar 05elllng Broker OOther for Ihe benellt ollhe parties herelo, and (Broker) shall hold the compielely executed broker'. copy 01 this agreemenl and is responsible tor Ihe closing. (c) II all conditions hava been met by Buyer, Buyer and Saller agree Ihallhe eamest money (leSS credit report tees. end any other Buyer's costs) shall be refunded 10 Buyer in Ihe evenl Buyer or Seller cannot ~ale due to ::olances beyond their control, ::',.'::; ~..;:;:'""... ". " .... " 1;re.<J _J ".. '"""'"' '.:"'. .:;::;:.:::.~ .:::::==' .:.. --::-.:: holder shall be 3. TOTAL PU"c~.I'J¡¡:!'!!æ< "'c . . VOLLARS($~) ....,¿-"K.!,; {:J.. payable aelollo' ~ ( . - V' (a) $ c","" Cash down, including above Eamesl Money \Ctosing cool. are addilional). (b) $ t.; -z:;l.o Balence ollhe purchase price (~. not Included). 4. FINANCI G. Thl, g,eemonll, conllngont upon tho Buyer ."""rlng lhe 100Iowing t~,.':'lng; 0 F];!~LO v';¡¡i"J Coov, 0 IHA, 0 FmHA. 0 A,sumpllon 01 exi,tin9 lOan\.). OOlhe" (a) 0 NEW FINANCING, purchase loan balance as noted ebove lor a period ol~years al':/Lllio par annum. (II FHA or VA loan Is soughl, read loe applicable provisions on loe reverse side hereof.) Buyer shall p~ no more toan----O- poln" pius origination lee II any. Seller 10 pay on.!l,.toe dlscounl points n_ssary in order to oblain a-e described finenclng bul not 10 exceod...-U-polnts. Any reduclion in polnlS shall lilSt accrue to loe benelitollhe: UBuyer OSelier 0 Vivided Equally. (b) 0 ASSUMPTION. Buyer 10 ASSUME and 0 will or 0 will nol be required to quailly lor an EXISTtNG LOAN\S) 01 approxlmalely $ at no more toan- % with monthly paymenlS 01 approximately $ Including 0 pOlO T 0 I. This agreement Odoes Odoes not require Lender to release Seller's liability. Type of ioan Buyer soall apply lor suco loIn or assumpllon wlloln three (3) banking days Iller Seller's acceptance of Ihls agreemenl. II an appraisal Is required under Buyer's financing contingency, premises musl,aPpralse al nO le~S an ~urcoase price." 5. OT~'r ¿:~N~CI~j.' T~~' ,~~D/OR CONDITIONS: . =- 6. SELLER'S RIGHT TO CONTINUE TO MARKET THE PREMISES AND ACCEPT OTHER OFFERS. Tois agreement provides for Iha Seller 10 conllnue to markel the premises and accepl otMr oilerS subject 10 Buyer'S righl to waive or remove loe (ollOWlng contingencies, AIT'f waiver or tamoval of any conlingency ao sallorto in Paregraph M5 will be a waiver or removel of all contingencies In Paragraph MS. (a) 0 Closing 0\ on or belore listed wit Upon waiver or removal of Ihl. conlingancy Buyer warranls loat adequate 'unds needed 10 close will be available end thaI Buyer's ability 10 oblaln 'inanclng Is not condilloned upon sale end/or closing of"'y property. (b) 0 Olher (spedfy) IF THIS AGREEMENT IS SUBJECT TO Seller" righl 10 conlinue to markel toe premises and eccept other oilers as specilied In Paragraph MS. Seller shall nave 1M right to continue 10 oller the hemin premises br sale and to accept oilers until such time as said contingencieo have been waived or removed by Buyer. Stlouid Seller recoive anolher accepleble oller 10 purchase, Seller s~all give Buyer _calendar days wrillen nollce of such oller, In I~e evenllhe Buyer does nol waive or removo I~e contingencies In writing wlloln lhe sel.calendar day. noted above, Ihen this Agreement shall be lerminaled and all depo.11S returned 10 Buyer less expensos Incurred 10 dale 01 lermlnatlon. In the eventlOe Buy" doas waive or remove the conlingencles, Ihe Buyer shall proceed 10 purcoase toe premises under lhe remaining termS and condilions 01 Ihls agreemenl notwilhslendlng Ih" 1M lorms 01 the new oller may be more or less lavorable. Notice ohall be considered given on Ihe earlier 01 eiloer porsonsl delivery of notice to fhe Buyer or Ihair represe,lative or two calendar days lollowlng t~e dale of mailing evidenced by certification of Ihe poslmark on Ihe envelope conlalnlng suco notice, All notices solll be senl to Ih' addresSes shown on this agreement. 50 ,~ II. 7. IT SSP.ECtFICALLY~NC. UOEDINJHISSA~E(iIFHA,'VA,~in ncingis o~ghtseolte H 70nre rseside)' C ¡ Y'.?~" -c...,.- 8. ITEMS SPECI CALLY E~C DED IN THIS SALE: 9. COSTS PAtD BY: Costs inaddllion \0 those lisled beloW may be Incurred by Buyer and Seller. Unless otherwise agreed Mrein, or provided by law or required by lender, Buyer.JÞa'!1'urcoase Seier's reserve accoUnl II loan assumption. 0 [1}ftó ~ . E>t d d C v ra e Tile Policy requasted Additional premium paid by Sea ilem M 20 on reverse side Yo. 0 purcneser S en e 0 e g I II requesled by lender or otoerwlsa slated oerein, loe below COsiO will be paid Is indicaled. .. Cool" Loan Well pumpllnspeel, Code In.peeI. lender or ConIIW ""'., Tal CIoIIng long Tonn paid By Appralsel As.ump!. Inspect. sepllc noqulred nc;:r.. ~ service ^f:" er: BUYER -- e-- N/A --V -V ~ V- ..-- SELLER --;;;;-- SIlAREEQU~lLY r- Cost 01 lender or corte r""airs not 10 exceed S ~ . 67 10. CLOSING. On or belme t e clos\n dale, uy"r and Seller snaIl de""'" wilO the closing aglncy alilundo and Instrumenls necessary to complele toe sail. The closing date sl18l1 68 be no lalerthan ' . 69 11. POSSESSION. Buyor hall, ntiUed possession on 0 closing DorMr . 70 'Closing' meens the dote on which all documenl. arB either recorded or Iccepted by an escrow agenl and the saiD proceeds are available 10 Selllr, Taxes and wIler a,sossments 71 (u,ln'!! Iholasl avlilable ssse.smeni a.a basis), ren". Interest and res.""'s, liens, encumbrances or obiloalions I.,Umed and utililies shell "" oro.reted e' 01 72 . Buyer shall pay lor hslln tank, amount 10 be delermlned by Iho supplier e\ Selllr's expense. 73 12. ACCEPTANCE. Buyer's olllr Is oede subject 10 the Icceptance of Seller on or ""lore 12;00 o'dock midnight 01 . 74 \I Seller does nol accopt this ag,seme" wllhln 100 lima specllirxt, lhe enll.. Earnesl Money shall be relunded to Buyer on demand. 75 11 ,,'E IS Cf THE ESSEHCE OF THIS AGREEMENT. " Llsllng Agency: MLS Selling Agency: MLSM 77 ~,~ ;¡¡- '" --"'" '" .~." -~ ^ -7 c- , . A- -: .....-....... . " Buyer' - Buyers phone: ReSIdence Business 80 0 See attached AddenduII(S). 0 See attached Counter Oller(S) 81 On 'ois date, IN'le hereby approve ant accept the se~e sot lorto in Ihe abOle agreement and agree 10 carry oul aliloe lermolhereol on \he part of ttle Seller. 82 IN'le lurt a 0 r e ql 1ru'!J!!1PY 01 "a9'jemenl signed I>¡ botÞ partie., 83 $elle.. . I Sell~'s Add,.,., Phone: Rea: Wort<: 84 : . ¿II t. ';(-~ ¡f..( " - --' Seller: "","oT""E' Dale City Stale_ZlP- 85 86 Selle". Addr"'s:- Seller: ,",,",0'" Seller: A Irue :~:.:~:~~ loregoing ag...ment. signed by the Seller and conraning 10" full and complete l8!!al description of Itle premises, Is oereby received on Ihls . 88 . 't ,,"- .. '.~ -- ~ "" """"""" """..... ON '"' "~",, "" '" '"" "'" "",,- ..'" _H~~ '"' """",""" '" '"' "m'" ~~ '" '"' .. ".,,-rIF!\ ACKNOWLEDGES READING THIS AGREEMENT IN FULL. Buyer's \n¡¡i.""'<:' Seller'..Jr;illal- RE21 REV.6/93 92 nnOl(En'S copy Dale Clly SIale_Zlp- 87 fj 8 8 Setting a New Standard of Care November 8, 1994 Sherry Styles Planning and Zoning City of Meridian 33 E. Idaho Meridian, 10 83642 Dear Ms. Styles: Attached please find a completed application to allow us to provide day care services in a home based day care center for 12 children. The location is on Block 2, Lot 2 of the Cougar Creek Subdivision. In our application materials we have provided the City application form, required application information, and a blueprint of the home in which we plan to provide the day care. We are excited about the possibility of offering this important service to the Meridian community. sincer~~{¡!t { I v Michael Christensen, President -~ MC:vw Enclosure 3175 N. Cole Road Boise,Idaho 83704 (20SJ375-0449 Fax(20SJ375-1369 COUGAR CREEK SUBDIVISION A PORTION OF GOVERNMENT LOT 1 AND A PORTION OF THE 5E1/4 NE1/4, SECTION 6, T.3N., R.1E., 8.M., ./ MERIDIAN, ADA COUNTY, IDAHO. 1994 . t South of Ustick 8 HUBBlE ENGINEERING. INC. 8/1.ocated on Locust Grove Jus BOISE, IDAHO. // N / ;-::-:....- --I -...::- -- "..... - . ~ --~-- ¡;¡ - - ... @ . ~ ~ ~ @ .i¡ ~ §" ~ ~ ~ .. ~, - .. .. 8 ~ @ . ~ ~ .. l @ ~ - ~ ;,- It -!::I 'CI fO t~ §~ 8'-- . . ~"=~~ ( 5 1 c. T '..---- @ .. ; ; .. .. 0 ; ~ @. @ .. 0 .. ~ ~ 1UI' --, CHI e..", ,..It" s sn!.~~ - I c-If ---""CCII.v - -_Iii' '4~ ¡u.r c-.. , c-..~ " --... o:olj~ !!.!LJl7¡ c:-a " 8rJð'2s'. ~ LOTJ,II.':'3~ - (TAl. ',.' ""S !MET I c-7 C-4 ....'.. I \.,..- J J '"I 1'\. . 0 ¡ ; 0~; ~ :'.:~ . ~kf ~ g :-Jo.m: ::í -n1i" - I . '4JJtf ora - ~Ii"_. -or - - @ '" ¡r~ ø ¡I~ ;:¡;!ij' ~ -~ J ~- 1Q.- fi. "~I. "'I . "' $~ @.. '" ¡. :it 8 .~ ~' 1t... ~ 8- ~ 7 -. ~'" '^' ~ .~ """"" ~I- 2 ø ~ ø ¡Ii ø .. @ .. . -----. ---- -'-- 8 8 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on March 21, 1995, for the purpose of reviewing and considering the Application of Lynn Jones, for a Conditional Use permit for land located in Lot 2, Block 2 of Cougar Creek Subdivision, Meridian, Ada County, Idaho, and which property is generally located on Lot 2 - Block 2 of Cougar Creek Subdivision. The Application requests a Conditional Use Permit for use as a 12 child day care facility for chidren ages 5 years and up. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 27th day of February, 1995. J~Þ~f- WILLIAM G. BERG, JR., CITY CLERK 8 8 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on. January 10, 1995, for the purpose of reviewing and considering the Application of Lynn Jones, for a Conditional Use permit for land located in Lot 2, Block 2 of Cougar Creek Subdivision, Meridian, Ada County, Idaho, and which property is generally located on Lot 2 - Block 2 of Cougar Creek Subdivision. The Application requests a Conditional Use Permit for use as a 12 child day care facility for chidren ages 5 years and up. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 19th day of December, 1994. J~~ß WILLIAM G. BERG, JR., CITY CLERK ,~ l' t t\ ~ ~ ~ -!d ~ ~ I 48 -'------------ ~~-......~.------._._..-.- -. _.._...~- .',..-.,.: . , , , ' ,. .. 4O<.Ij~ .. .--- -", ,"",,-.,......::~ 'I <r- )< .J ~ 111 to I~ ? ( ~ I :" I Ii \ J " ~ -,. ""----"'>0 . . , ,.1 "; " .' '-,,-,', " (} 0 ... <> ~ .~ .' 1 0 , r~~ .:¡..; ";',~" ,~ ',;':~' I.ò' , -' ~- "'. 0 ,,' t -- " .. '" , ,.', , ' , . " '^ ... . " " , ' ,; ,::: ',:, i' ,t-.- :--_----C ' I " i~: '~, ¡ -~ ~\._-_...:.._------'-...c- ,- I" '" " " , tJ7' , ',' .... " ?, \ ", ':~'- \\ ,>(, ~ \ " ".',\> ' ..-' '('I ~ " e'. .. '" "'., . .... , !, ~D ' ¡,.,,)~ I" I" G", \ " " " <;' <, \" , .. 0 -i. . '\ ~ ':' G~;~ , ,. 0 .. ~"'="" ,.,.- ,--,-,----,,--- . ,":",",' , ,,/0 ~D ~s t".;¡Þ 1\ S ~~~"':~- _-=::'-=~;?~ ,~~ ~~=:-~= ,I . CITY OF MERIDIAN OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Sup!. JOHN To SHAWCROFT, Waste Water Sup!. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 8 HUB OF TREASURE VALLEY 8 A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALTW. MORROW SHARI STILES Planner & Zoning Administrator 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433. FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor JIM JOHNSON Chairman - Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn:WiII Berg, City Clerk by: January 3. 1995 TRANSMITTAL DATE: 12/19/94 HEARING DATE: REQUEST: Conditional Use Permit 1/10/95 BY: Lynn Jones LOCATION OF PROPERTY OR PROJECT: Subdivision _JIM JOHNSON. P/Z _MOE ALIDJANI, P/Z _JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, CIC _BOB CORRIE, C/C _WALT MORROW, CIC _MAX YERRINGTON, CIC _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER Lot 2 - Block 2 of Cougar Creek _MERIDIAN SCHOOL DISTRICT _MERIDIAN POST OFFICE(PRElIM & FINAL PLAT) ~DA COUNTY HIGHWAY DISTRICT _ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH _NAMPA MERIDIAN IRRIGATION DISTRICT _SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM & FINAL PLAT) _U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) - BUREAU OF RECLAMA TION(PRELIM & FINAL PLAT) _CITY FILES _OTHER: YOUR CONCISE REMARKS: ) ~. 8 8 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAl1E: T,Y1\TN .TONRS PHONE 362-5437 -.-- -- ADDRESS: 3660 S.COLE BOISE, ID 8370 GENERAL LOCATION: DESCRIPTION OF PROPOSED CONDITIONAL USE: FOR USE AS A 12 CHILD DAY CARE FACILITY FOR CHILDREN AGES FIVE YEARS OLD AND UP. ZONING CLASSIFICATION: R-B PLAN: A plan of the proposed si te for the' condi tional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards. LEGAL NOTICE OF PUBLIC HEARING, Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the M,eridian Planning and Zoning Commission will hold a Public Hearing in the Heridian Ci ty Hall on '"Jo..l'ltV-r1 !Ò/ ¡q1<) at 1.1)() for" - The purpose of the Hear i ng is to consider a CONDITIONAL USE PERMIT submitted by LYNN JONES for the property generally described as located at COUGAR CREEK SUBDIVISION BLOCK 2 LOT NUNBER 7. TO ,> 8 8 APPLICA TIO~FORMA TION 1) APPLICANT: Lynn Jones 3660 S. Cole Boise, ID 83709 (208) 362-5437 2) OWNER: Larry Stoker 3175 N. Cole Boise, ID 83704 (208) 375-1367 3) LEGAL DESCRIPTION: Cougar Creek Subdivision Block 2, Lot 2 4) PROOF OF OWNERSHIP: See attached Earnest Money Agreement 5) EXISTING USE: New residential subdivision being developed; this will be a new construction of a home with space designed for day care services. 6) PROPOSED USE: We propose to use the site for a 12 child day care center, to be operated in accordance with all appropriate day care laws. 7) DESIRABLE CHARACTERISTICS: The subject property is in a residential sub- division with homes of comparable value. By providing day care in the area, area families will be able to have safe and secure day care for their children close to their homes. By designing day care as part of the new home construction, many of the conversion disadvan- tages in converting existing homes into day care can be avoided. 8) MAILING LIST: See attached mailing list. 8 8 AFFIDAVIT OF LEGAL INTEREST t.ar:L ß(Oc.l<':L Co~Q..í' CfèeK. &/à-['e5 STATE OF IDAHO) ) ss COUNTY OF ADA ) I. r< tty .pC(.,) e f ~ f'ftq !J,OO(:u¡ ~ ç. ) (name) (address) do {;"C- ~d<. t,c.I being first duly sworn upon oath. depose and say: (city) (state) 1. That I am the record owner ofthe property described on the attached, and I grant my permission to ! I-YA/v \'J'NF-;o;' (name) ~/ / A <; /'7 :'I I( i--: " ... _."- ;';;"r.¡:'"""""(.,, ;;;..~ \""._"" l" ,k' ,';', "'~¿;"~- / - ,- (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold Boise City and it's employees hannless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this /-2- day of De C€ L1/1 JO..JlÎ , ,19 '7 Y "" - -" - Vl.j y'" ~ "", fìy- ty- ~ fifct I 5;; ¿ n:Jèt.ry - Signature) - , ~ .. ~~~- SUBSCRIBED AND SWORN to before me the day and year first ab°V:,:¿\.iì.~ltten. -" ". -" , -..' "- - .- - ~ '-- ...-,,",; , - ":"-" : -'-~ ~~ - \}'_:>~="">-~~-' Notary Public for Idaho - _. Residing at .: - -- ,,--- My Commission Expires: / 2/;<. ¿ It:¡ t/' / / / 6 PLDA-MOD 5/94 ",."", IIUIL 10::'11\ 110 I;UIICII\~,L 1\I~lI SJIU= JIl>l\l:UVII--...N I ANU IH:<':EIP I FOR EAI'IN"'~; I ¡¡¡ONEY .- o;;;;;;;;a illig I'j A lrCALlY UIIlIJllm (;(JIJIIIACI.1II2AIJ 1111, ¡.NII"E IJ(J(;IJM~N", IN(;LUUING 'II IE (;EN""AL PIIIN I "IJ PIIOVISIIJNS ONl"" IIEVEIIS" 510" AND ANY AIIACIIMENIS, CAIIEFULLY,OEFOIIE SIGNINO.IF YOU II AVE ANY QUESTIONS, CONSULT YOUR ATTORN BEFORE SIGNING. I' 2 3 B 9 10 11 (A FULL AND MPL TE LEGAL D SCRIPTION M ST BE INSERTED OR ATTACHED PRIOR TO E).~<.Ú nON BY SELLER. Buyer hereby eulhorlles broker 10 inserl over ~ ~ his signature Ihe correellegal deserlpllon ollhe premises II unavailable ellhe time of signing, or 10 corrscllhe legal descriplion previously entered II erroneous or incomplele.) 14 2. ~~B~~~~~~;:;asearneSlmOneYandareceiP rebYaCknOWladgedO~~8"ðlÞJ~AJ¡~~ dollars~: ($ ,) evidenced by: D Ca'h Personal Check DCashiers Check Nole Due 0 Or 17 (b) EarneGt Money 10 be deposited in Irusl account pon acceplance by all partie. and shall be held by: OLlsllng Broker 0 Selling Broker OOther 18 lor Ihe benellt 01 the parfles hereto, and (Broker) 19 shall hold Ihe completely executed broker's copy 01 this agreement and I. reGponsible lor Ihe closing. 20 (c) II all conditions have been n1et by Buyer, Buyer and Seller agree Ihat Ihe earneGt money (less credit report leeG, and any other Buyer's cosio) shall be relundad to Buyer 21 In the avanl Buyer or Seller cannol c 1 ummale th sale due 10 circumstances beyond their control, 22 (d) The parlies agree Ihat Tille Company shall provide IIlIe policy and preliminary report 01 commltmenl 23 end Ihe "closing agency" lor Ihls t 0 s . II a iong-term escrow I collecllon Is involved Ihen Ihe escrow 24 holder shall be 25 3. TOTAL PURC}I.tßß.!'!!.IfE'IS~ li' . . 26 DOLLARSI$~) ->:;:".£:,5.' (d' 27 ~a~y$able as 10~IO' ~. ;?/[ '-,V,": Cash down, Including above Earnast Money (Closing cosls are addilional), ~~ (b) $ t,; J '1 DDt> Balance 01 Ihe purchase price (~. not Included). 30 4. FINANCII'fG. This 9'88m8nl Isconllngenl upon Ihe Buyer securing 'he lollowing !!If'.'ldngo 0 F~~LOv".;JCCO'W, OIHA, 0 FmHA. 0 Asoumpllon 01 exisllng 10an(s).OOlh"r. 31 (a) 0 NEW FINANCING, Purchase loan balanca aa noted above lor a period ol~y"",S etOfZl.fIo per annum. (It FHA or VA 10911 Is soughl, read Ihe applicable provisions 32 on the reverse side hereo!.) Buyer ahall p~ no more thao-Ô-pol"t5 plus orlglnallon lee II any. Seller 10 pay only the discount points necessary In order to obtain above 33 described financing bulnollo axcaad--tLpolnts, Any ,"ducllon In polnisshallll..t accrue to the benaliiollhe: OBuyer OSelier 0 Divided Equally. 34 (b) 0 ASSUMPTION. Buyer 10 ASSUME and 0 will or 0 will not be required to qualily lor an EXISTING LOAN(S) 01 approxlmalely $ 35 al no more than- % with monlhly paymenls 01 approximately $ Including 0 P DID T 0 I. 36 This agreemenl 0 doe. 0 does nol require Lender 10 release Seller's lIabiiity. Type 01 loan . 37 Buyer shall apply for such loan or assumpllon within three (3) banking days afler Seller's acceptance of this agreement 3B II an appraisal is required under Buyar's IInancing contingency, premises must,appraise al no less an p rchase price. / 39 5. OTH R FIN CIN, TERM AND/OR CONDITIONS; a . . f?> 40 .' . , '!,. 41 42 43 44 6. SELLER'S RIGHT TO CONTINIÆ TO MARKET THE PREMISES AND ACCEPT OTHER OFFERS. This agreement provides for Ihe Seller 10 45 continue 10 markelthe preml.es and accapl Olher oilers subJect to Buyer's righllo waive or remove Ihe lollowlng contingencies. Aery waivar or removal 01 any conlingency as 46 sel 101111 In Paragraph ~5 will ba a waiver or removal 01 ell conlingencle.ln Paragraph ~5. 47 (a) D Closlhg of On or bel ore 48 IIsledwilh . 49 Upon waiver or removal 01 Ihis contingency Buyer warranls Ihat adequale lunds needed 10 clo.e will be available and Ihat Buyer's ability to obtain financing Is nol 50 conditioned upon sale andlor closing ol..,y properly. 51 (b) D Othar (spacily) . 52 IF THIS AGREEMENT IS SUBJECT TO Seller'5 right 10 conllnue to market the praml.es and aceepl Olher oilers as specllied In Paragraph liS, Seller shall have Ihe right to 53 conlinue 10 oller Ihe herein premises lor sale and to a"'ep' oilers unlll such lime as said contingencies hava been waived or removed by Buyer. Should Seller receive 54 another eccepleble oller 10 purchase, Seller shall give Buyer _calendar days writte" notice of ouch oller, In the evenl.lha Buyer does not waive or remove the 55 conllngencles In wrlti"g within the Gel calendar days nolad above. Ihen Ihis Agreemenl shall ba terminated end all deposils returned to Buyer less axpenses incurred 10 date 56 ollermlnaUon, In Ihe eve'" Ihe Buyer does waive or remove Ihe contingencies. Ihe Buyer shall proceed 10 purchase Ihe premises under the remalnl"g terms end condilions 57 01 Ihis agreemenl nolwilhsla"dlng tI"t Ihe lerms 01 Iha new oller may be more or less lavorable. Notice shall be considered given on Ihe earlier 01 either personal delivery 01 56 notice 10 the Buyer or their represenlallve or Iwo calendar daY5 lollowing the dale 01 mailing evidenced by cerlilicalion ollhe poslmark on the envelope conl,alnlng such 59 nollce, All notices sl1all be sent to tho addresses ShOw" on this agreement. .s ð cf). . :Ç, . if. 60 7. IT 5 SP.ECIFICALL Y ¿~C~UDED IN !HIS SAI;-E (il FH~ I VA.~ln "oi"g is. O~g"l Seo ile II 7 on re ."a skle)' / ¡"dO' .....,..- :~ 8. ITEMS SPEC I CALLY EXC OED IN THIS SALE; 63 9. COSTS PAID BY; Cosls I" addition to Ihose listed below Inay be Incurred by Buyer and Seller. Unlesa olherwlse agreed herein, or provided by law or required by 64 lender, Buye'jiÞall1>urcha.e SeWer's reserve accounlilioan assumplion. 65 0 YesiJl.f«ó Purchase"s "",-ended Coverage Tille Policy requeGled Additional premium paid by See Item # 20 on reverse side 6B II requesled by lender or otherwise Slaled herein, the below cosio will be paid as Indicated, .. Cost. Loan Well Pumpoln,pOCI. Code In,pect. lende' Of C4>nlratt8nd1or Tar Closing long Tenn Appral.al Code Doc.""1 At..:" E,crow Paid By AGsump!. .Inopec!. Septic KRequlred ReDaI.. PreD Service Fees BUYER --- ¿...-- N/A V- V ¡...-- ¡,...--- -- SELLER ~ SHARE EQUALLY - Cosl 01 lender or code r",,"irs not to exceed S ~ . 67 10. CLOSING. 0" or be!ore t e clo.ln dala, uyer and Sellar shall deposit with the closing agency all fund. and InGtrumanls nacessary 10 complele tha sola. Tha closl"g dale shall 68 be no lale"ha" ' , : . 69 11. POSSESSION.Buyershail.b ntlded possession on Ocloslng Oolhe' . 70 'Closing' means Ihe date 0" which all documents are either racorded or aceepted by an eSCrOW agenl and the Gale proceeds are available 10 Seller. Taxes and weier e.sessments 71 (usln'1¡ tho lasl available essessn,.nl as a basis), renl<. InlereSI and re.ar,",s, lIe"s. nncumbrances or obilnallons e"urned Md utililies shall b. pro-raled as 01 72 . Buyar Sl1ell pay tor luol in tank. amolln! 10 ba de'ermlned by the supptier el Seller's expense. 73 12. ACCEPTANCE. Buyer's 01101' is .....da subject to the accoplance 01 Seller 0" or before 12;00 o'clock midnight 01 . 74 II Seller does nOI accapt this egreemelll within the time specilled, Ihe enll.. Earnesl Money sholl be relunded 10 Buyer on demand. 75 13. TIME IS OF THE ESSENCe OF THIS AGREEMENT. 76 Listing Agency: MLSI Selling Agency; MLS! 77 By; ~ Æ..t:: MLS! By: MLS! 7B Buyar: ~ AA.,. /:;. ~.. -é.,r- Buyar:s Address . 79 Buyer: Buyar s Phone; Re.ldence BuSIness 80 0 See atlached Addendunr(s). D See attached Cllunter Offeree) B1 On Ihis date, I/Wa haraby approve ani aceepllh. sale sel lorlh In Ihe abeNa agreament and agree 10 carry out all Ihe lermslhereol on Ihe part of the Selle,. B2 I/We lun ac ,e r :el t l' '¥u~y 01 I' agr¡emenl signed by bolh partie.. B3 ~ ~~ ~~ ~ ~ ";'.¿!1 y-;J..L, ¡<f Saller: ,S'ON'TVA" Date Clly Slate_Zlp- 85 Seller: ,"A""'O) Sellar's Addr..s: 86 Date City Sta'e_Zlp- B7 Seller: ,S'ON"UA" A Irue copy of the loregoing agr...ment, signed by Ihe Seller and containing Iha lull and complete le~al descrlpllon of the premises, Is hereby received on Ihis . B6 tic (d~L ,19_. B9 Buyer: ~ ......,~ -, h'1'C; , Ouyer: 90 THE; PRovisIONS COl'¡TAINÉØ ON THE RE;VEõRSE SIDE OF TI'IIS PAGE SHALL ALSO CONSTITUT~ °f,HE AGR~EJ.1ENT OF THE PARTIE.S. E;ACH OF THE 91 PARTIES ACKNOWLEDGES READING THIS AGREEMENT IN FULL. Buye"s Inll"¡,~~ Seller'..!líjllal- RE21 REV. 6/93 92 ÐnOI<En'S COpy - . -. .--.-.- ~_.- .----.'--".----.'-..'---.-----......-....--....-...-..,,-----...----"--""-""'--'-"-"--'-'-'---"'-"---"-----"'1 ~ B.JE'GT~- --iLA.I\.I!)L_D '" -?~L- ~~ ~ ~ -~J . ~:r( -"v\.ltkettt...~t\_Ý~7lÆ/lI.)eN-_,... '~Ô\LL..... tt:> \~~A1~-P_ð~ el ~'i -- Cd..~DL ~<r7 VJ C-i::- 2 .... """'. .... ........ ...... ... .. L.-vV\{} It ( . tA.R..¡:t:... <)I\_..\e?ð. ! v\ S (ðN ¡....t\A,.qJ¡ c!1Iê\/\J ¡ :r: y A*ò . R.z " I,-\C(N. t- ....f\N.~,1, A~ .. 1l). . ~D'7J I NO .... ~rq ~r<.¥\'\.Q~t5 , 4-.\ C.;_é <'-7., \~ C?:p pr:DpýìAie -+'^^t... ç I tt 11\-\.(' ) . -to ..~P"1 ~11 WI<Jk. Co¿,-co::, ... .... ......-7. ~.._.. --~..- Y¡\T¿ . ..~,,--...-.-". } ^tl-~t:\{'A...c f,tfí 51:€N"X:.(\J . . . . ;"'3d ':oeo, [""".IIM,R5 :,,'c. AI.I.ENWWN, PA . 'HYLE Mvi-' . f'ROl)lICT NO "'898 L1 8 . SeUing a New Standard of Care November 8, 1994 Sherry Styles Planning and Zoning City of Meridian 33 E. Idaho Meridian, ID 83642 Dear Ms. Styles: Attached please find a completed application to allow us to provide day care services in a home based day care center for 12 children. The location is on Block 2, Lot 2 of the Cougar Creek Subdivision. In our application materials we have provided the City application form, required application information, and a blueprint of the home in which we plan to provide the day care. We are excited about the possibility of offering this important service to the Meridian community. sincei:~ .' ~l ~ ,1þ{j 1 Ii Michael Christensen, President ~ MC:vw Enclosure 3175 N. Cole Road Boise,Idaho 83704 (208)375-0449 Fax(208)375-1369 ..,~._-_.--_.----_.- ...- --- -- 1IIIIIIIIIIIIi . ~ SUMMIT FINANCIAL SERVICES, INC. 8 - Estate & Tax Planning November 10, 1994 Sherry Styles Planning and Zoning City of Meridian 33 E. Idaho Meridian, ID 83642 Dear Ms. Styles: As owner of the property described as Block 2, Lot 2 of the Cougar Creek Subdivision in Meridian, I am aware of, and fully support, Lynn Jones' efforts to obtain Planning and Zoning approval for use of the site as a day care facility. Lynn does an exceptional job of day care operation, unlike others currently having difficulty. I believe this will be an important service addition to the Cougar Creek Community. Please note my full support and approval of this project. Sincerely, X~;t£ ~ Larry K. sfoker LKS:vw 3175 N. Cole Rd. . Boise, Idaho 83704 . (208) 375-1367 . Fax (208) 375-1369 .. 8 8 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION LYNN JONES CONDITIONAL USE PERMIT FOR A GROUP CHILD CARE HOME LOT 2 BLOCK 2, COUGAR CREEK SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing January 10, 1995 at the hour of 7:30 o'clock p.m., the Petitioner, Lynn Jones appearing, 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 Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 10, 1995 the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 10, 1995 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 is not the owner of the property; that there are two statements included with the Application that state the person signing the statement is the owner of the property; one is dated November 10, 1994, is signed by Larry Stoker, states that he is the FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 1 8 8 owner of the property and states that he is aware of, and fully supports, Lynn Jones' efforts to obtain Planning and Zoning approval of the site as a day care facility, but is does not specifically state that consent is given for the application; the other is dated December 12, 1994, it is a sworn statement, states that Ray Patel is the owner of the property but the document is signed by Ray Patel as secretary of vijya Laxmi, Inc. , but it apparently is a form used by the City of Boise because in the statement is states as follows: "I agree to indemnify, defend ~nd hold Boise City and its employees harmless from any claim or liabili ty . . . "; also there was an earnest money agreement for the purchase of the property, stated August 22, 1994, that is signed by Larry K. Stoker as buyer and, by what appears to be, After Schools, lnc, Cheryl A. Joills; that the property is described in the application which description is incorporated herein. 3. The Applicant requests that a conditional use permit be granted to him for the operation of a Group Child Care Home. The Applicant in a previous application hearing for a conditional use permit for a group day care stated at the public hearing on that Application that he has owned and operated several day cares in the Boise area for approximately nine (9) years; he also stated at the previous public hearing that there are big demands right now in the day care business for more in home child care facilities and that he proposes a child care for twelve (12) children from the ages of FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 2 8 8 birth to 10 years; he testified at the hearing on the 10th of January that not much had changed since the other application and the goal was to provide quality day care in residential settings without creating huge day care centers and that the hours would be from 7:00 a.m. to 6:00 p.m. He additionally stated that he did not desire to have a circular driveway, as suggested by Shari Stiles, because he wanted to maintain the integrity of the residence and not convert the residence into looking like a commercial outfit and to look like a residence and blend in with the surrounding homes 'in the area. He had no other comments to the staff comments. 4. That the definition of Group Child Care Center is, "A child care facility which provides care for six (6) to twelve (12) children throughout the day"; the note at the end of the definition for Child Care Facility is: "It should be noted that in determining the type of child care facility that is being operated, the total number of children cared for during the day and not the number of children at the facility at anyone time is determinative". 5. That section 11-2-418 of the Zoning Ordinance contains the requirements and procedures pertaining to conditional uses; that subsection B, CONTENTS OF CONDITIONAL USE APPLICATION, states as follows: An application for a conditional use permit shall be filed with the Administrator by the owner of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information: 1. 2. Name, address and phone number of applicant; Name, address and phone number of owner of property; subject FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 3 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. ,14. 6. 8 8 Legal description of property; Proof of ownership of subject property; Description of existing use; Present use of subject property; Proposed use of the subject property; The District that pertains to the subject property; Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1"=300'); Characteristics of subject property which make a conditional use desirable; A listing of the mailing addresses of all property owners (from authentic tax records of Ada County) who are within three hundred feet (300') of the external boundaries of the land being considered, and a list of all owners within the area being considered for a conditional use; A fee established by the Council; A statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial; and The application shall be verified by the applicant which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. The Application was filed by the of the not owner property for which such conditional use is proposed and does not include all of the information required by the above section; it does not include proof of ownership, a statement of the zoning that pertains to the subject property, a statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, and the application is not verified by the applicant which verification states that he has read the contents thereof and verifies that the information contained therein is true and correct. 7. Applicant, That the property is, even though not stated by the zoned R-8 .Residential is Cougar Creek in and Subdivision; that in the ZONING SCHEDULE OF USE CONTROL, Section FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 4 8 8 11-2-409 A., Residential, Group Child Care Home is listed as a conditional use in the R-8 District and therefore the R-8 District requires a conditional use permit for the operation of a Group Child Care Home. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B 4. as follows: (R-8) Medium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer _systems of the City of Meridian is required. 8. That the use proposed by the Applicant is set forth in the Application as, ". . . to use the site for a 12 child day care center, to be operated in accordance with all appropriate day care laws." 9. The City Engineer and the Assistant to the City Engineer submitted comments which are incorporated herein as if set forth in full herein; the comments stated that sewer and water are existing on the site and that assessment fees for sewer and water service will be determined during the building plan review process, direct lot access to North Locust Grove Road is prohibited, the dwelling must be a minimum of 1,350 square feet, and all signage shall be in accordance with the standards set forth in 11-2-415. 10. The Ada County Highway District submitted comments and they are hereby incorporated herein and had one site specific FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 5 8 8 requirement of no direct access to Locust Grove Road will be allowed. 11. That the Meridian Planning and Zoning Administrator, Shari Stiles, submitted comments stating that a maximum of twelve children may be cared for throughout the day; that the total number of children cared for during the day and not the number of children at the facility at anyone time is determinative; that one stall of the three-car garage is to be used for the day care, with the remaining two stalls used for housing vehicles of the resident; that Applicant should consider incorporating circular driveway to faci¡itate traffic flow at peak times, if existing median on Cougar Creek Drive will allow; that all landscaping and fencing shall be in place prior to operation and that landscaping along the western boundary ia required in addition to fencing to buffer adjacent residential property; that a yearly review of the City Council should be required; that hours of operation shall not extend beyond those represented by the Applicant and approved by the Council. 12, City Police Department, Fire Department, Nampa-Meridian Irrigation District, and Central District Health Department submitted comments and they are hereby incorporated herein. 13. That section 11-2-418 d. states as follows: "In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformi tywi th this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 6 8 8 existence." 14. The City of Meridian has consistently required that operators of day cares have State of Idaho day care licenses. 15. That there was no testimony submitted at the hearing objecting to the conditional use permit. 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 within 300 feet of the external boundaries of the Applicant' s property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City has the authority to take judicial notice of its own ordinances and proceedings, 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 a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 7 8 8 is maintained properly, and requiring on-site or off-site facilities, may be attached to the permit; that 11-2-418 D authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. That the City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it m~y take judicial notice. 6. That is concluded that the Application did not meet the application requirements of 11-2-418 C because the Application was not filed by the owner of the property, because it did not include proof of ownership, because three people or entities were noted in the Application as being the owner of the parcel, because there was no statement of the zoning, because there was no statement that the applicant or user of the property agreed to pay any additional sewer, water or trash fees or charges, and because the application was not verified by the applicant which verification states that the Applicant has read the contents thereof and verifies that the information contained therein is true and correct. 7. That it is concluded that the City needs the above information to know whether the owner of the property is aware of the Application, that the owner consents to the use of the property FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 8 8 8 as set forth in the Application, that the Applicant consents to the possible sewer, water and fees, and whether the Applicant has read the Application and verifies the statements therein as being true. 8. Since the Application did not meet the requirements of 11-2-418 B, it is therefore concluded that the Application should be tabled until the Applicant amends his Application and submits the necessary information to the Commission to enable it to render findings of fact and conclusion of law and a supportable decision; that if the Applicant amends the Application to include the requirements of 11-2-418 B the Application may then proceed, but an additional public hearing shall be held before the Planning and Zoning Commission since there may have been people who asked for copies of the Application and did not receive all the necessary information. 9. It is further concluded that the Applicant should inform the Commission within ten (10) days of the date of adoption of these Findings of Fact and Conclusions of Law whether he will provide the necessary information and desires to continue to proceed with the Application and' have the additional public hearing, or whether he does not desire to proceed further. If the Applicant does not inform the City within the ten (10) days as above provided the Application should be deemed denied. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 9 ? 8 8 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 4 COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) RECOMMENDATION The Meridian Planning and Zoning Commission hereby decides that the Application for Conditional Use Permit as requested by the Applicant for the property described in the Application, based on the Findings of Fact and Conclusions of Law, is tabled to allow the Applicant to provide to the City the information required, as stated in the Findings of Fact and Conclusions of Law. That the Applicant shall inform the Commission within ten (10) days of the date of adoption of these Findings of Fact and Conclusions of Law whether he will provide the necessary information and desires to continue to proceed with the Application or whether he does not want to proceed further. If the Applicant informs the City that he will provide the additional information, an additional public FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 10 .. .~ 8 8 hearing shall be held before the Planning and Zoning Commission since there may have been people who asked for copies of the Application and did not receive all the necessary information. The public hearing will not be scheduled until the information is received by the city. If the Applicant does not inform the City within the ten (10) days, as herein provided, the Application shall be deemed denied and the matter shall not proceed on to the City Council due to Applicant's failure to provide all of the necessary information. MOTION: Ü^ ><' APPROVED :~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 11 8 8 MERIDIAN PLANNING & ZONING COMMISSION MEETING: APPLICANT: LYNN JONES FEBRUARY 14. 1995 AGENDA ITEM NUMBER: 11 REQUE5T:REQUEST FOR A CONDITIONAL USE PERMIT FOR A 12 CHILD DAY CARE AGENCY CITY CLERK: COMMENTS CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: FINDINGS OF FACT AND CONCLUSIONS OFLAW CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPAMERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: .. .. ~.. 8 8 Meridian Planning & Zoning Commission January 10, 1995 Page 56 Johnson: No within your design? Or is that parking? The whole thing is parking? What are the 2 buildings at the far extreme? Knop: These are pads individual pad sites to break up the parking area. Johnson: The rest is all parking right? Knop: Right (inaudible) areas of parking with landscape strips in them and broken up (inaudible). Johnson: Thank you, any questions of the architect? This is a public hearing anyone else that would like to address this issue? Seeing no one then I will close the public hearing. This requires findings of fact. Hepper: Mr. Chairman, I move we have the City Attorney prepare findings of fact for this project. Rountree: Second Johnson: Moved and seconded to have the City Attorney to prepare findings of fact and conclusions of law on the conditional use permit to allow a planned development commercial by Fred Lotridge, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A 12 CHILD DAY CARE FACILITY BY LYNN JONES: Johnson: I will now open the public hearing and invite the applicant or a representative to address the Commission at this time. Lynn Jones, 3660 South Cole Road, Boise, was sworn by the City Attorney. Jones: Mr. Chairman, members of the Commission, I was before you not too long ago with the same plan. Not much has changed since then, our goal has been to provide quality child care in residential settings without creating huge day care centers. What we have done is taken into consideration the traffic flows and all of the things necessary that go into child care. I have read and gone through all of the recommendations by staff. I only have one statement that I would like to add. On Shari Stiles' comments on No.3 the applicant should consider incorporating a circular driveway to facilitate traffic flow at peak times. We have considered that and have looked at it. One of the problems with that is we " " ;¡~ 8 '8 Meridian Planning & Zoning Commission January 10, 1995 Page 57 wanted to maintain the integrity of the residence and not convert the residence into ,looking like a commercial outfit. We wanted to keep the residence to look like a residence and blend in with the surrounding homes in the area. And that is my only comment other than that all the conditions are fine with us. Johnson: Thank you, any questions of Mr. Jones? Hepper: Will the garage be used for it? Jones: One stall of the 3 stall garage we will keep intact the same conditions we had"on the other one. Hepper: What is the fencing there, it looks like part of the backyard is fenced off? Jones: The fence will be a six foot high cedar fence that will encompass the whole play area. The fenced play area is just separates the play structure from the additional grassed back yard. All the back property will be fenced by a six foot high cedar fence. Hepper: What about hours of operation? Jones: Hours of operation are from 7:00 o'clock to 6:00 o'clock. Johnson: Any other questions? Anyone from the public that would like to address this application? Clifford Babbitt, 1181 W. Amity, Boise, was sworn by the City Attorney, Babbitt: I tried to find out where this was located at. I was given a registered letter on this and I tried to find out where this day care is actually going to be located at. To this day I have not been able to find out where it is going to be located at. My property that (inaudible) is 2720 South Locust Grove, I don't think I am. Rountree: It might be across the street. Hepper: This would be the first lot to the south going into Cougar Creek subdivision. Babbitt: Where is Cougar Creek subdivision at? (Inaudible) Babbitt: This doesn't have any effect on me, I live, my property is probably about 4 or 5 -" "c 't!o 8 8 Meridian Planning & Zoning Commission January 10, 1995 " Page 58 miles south. Johnson: That is probably over the 300 foot requirement. Anyone else? I will now close the public hearing. This is a conditional use permit it would require findings of fact. Rountree: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions. Hepper: Second Johnson: Moved by Mr. Rountree seconded by Mr. Hepper to have findings of fact prepared by the City Attorney, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: PUBLIC HEARING: REQUEST FOR REZONE FROM R-4 TO R-B AND L-O BY MICHAEL GAMBLIN: Johnson: I will now open the public hearing, if Michael or his representative is here please address the Commission at this time. Mike Gamblin, 1927 SE 5th Way, was sworn by the City Attorney. Gamblin: Gentlemen, I am asking that an existing parcel with a single family residence on Cherry Lane that I have under contract, I am not the deeded owner at this time, be rezoned for the residence to be used as an office and the pasture behind it to be rezoned to an R-8 zoning to accommodate future single family residences. I believe everything else pertaining is in your packet. I don't have any objections to any of the staff reports or recommendations from the various entities. Johnson: Thank you, any questions of Mr. Gamblin? Hepper: Do you know what the zoning is to the east in the Whitetail Subdivision that backs up to your property line? Gamblin: It is an R-8, it is what I want. I just want to mirror exactly what is next door. They have a day care in front they are using and then 3 residential lots behind. That is what I wanted to do with the exact same sized lots. Hepper: Would you be putting any rental units on there? 8 8 MERIDIAN PLANNING & ZONINq COMMISSION MEETING: APPLICANT: LYNN JONES JANUARY 10. 1995 AGENDA ITEM NUMBER: 16 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A DAY .CARE AGENCY CITY CLERK: COMMENTS CITY ENGINEER: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS CITY P~NNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: CITY BUILDING DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHEO COMMENTS ADA COUNTY STREET NAME COMMITTEE: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED COMMENTS ~ ~r v1}v IL :t~J í t ClfJ tt ~[f ~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: BUREAU OF RECLAMATION: OTHER: 8 HUB OF TREASURE VALLEY 8 OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 1\ Zoning Administrator WILLIAM G, BERG, JR.. City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH. P.E. City Engineer BRUCE 0, STUART, Water Works Sup!. JOHN T. SHAWCROFT, Waste Water Supt, KENNY W, BOWERS, Fire Chief W,L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433. FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor JIM JOHNSON Chairman - Planning 1\ Zoning MEMORANDUM: January 5, 1995 Re; Mayor, City Council, Planning & Zoning Bruce Freckleton, Assistmt to City Engineer ~~ DAY CARE FACILITY - (LYNN JONES) (Request for Conditional Use Permit) To; From; I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Sanitary Sewer and Water services are existing on the proposed site. Assessment fees for sewer and water service will be determined during the building plan review process. 2. Direct Lot access to N. Locust Grove Rd. is prohibited. 3. The dwelling must be a minimum of 1350 square feet. 4. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. c: \ WPWIN60\GENERAL \JONES .P&Z OFFICIALS 8 8 :Be,r>.- IJo. ! (¡J (/for> (...1::-" HUB OF TREASURE VALLEY A Good Place to Live COUNCil MEMBERS WilLiAM G, BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D, SMITH, P,E, City Engineer BRUCE D, STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Waler Sup!. KENNY W, BOWERS, Fire Chief W.L. "Bill" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALTW. MORROW SHARI STILES Planner & Zoning Administrator CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433. FAX (208) 887-4813 Public Works/Building Department (208) 887~2211 GRANT P. KINGSFORD Mayor JIM JOHNSON Chairman. Planning & Zoning MEMORANDUM : TO: FROM: DATE: Pl~in? ~~ng Commission, Mayor and Council s~lL. stiles~ planning and Zoning Administrator January 6, 1995 Cougar Creek Subdivision Lot 2~ Block 2 Conditional Use Permit for Group Child Care Home Children or Less) by Lynn Jones SUBJECT : (12 This CUP request is for a group child care home at the corner of Cougar creek Drive and Locust Grove. 1. 2. A maximum of 12 children may be cared for throughout the day. The total number of children cared for during the day and not the number of children at the facility at any one time is determinative. One stall of the three-car garage is to be used for the daycare, with the remaining two stalls used for housing vehicles of the resident. This will provide ample parking according to city Ordinance and ACHD requirements. 3. Applicant should consider incorporating circular driveway to facilitate traffic flow at peak times, if existing median on Cougar Creek Drive will allow. ACHD states 56 daily vehicle trips per day will be generated by the daycare. 4. All landscaping and fencing shall be in place prior to operating day care. Landscaping along western boundary is required in addition to fencing to buffer adjacent residential property. 5. This CUP should contain a provision for yearly review at the option of the City council. 6. Hours of operation shall not extend beyond those represented by Applicant and approved by Council. . - . RECEIVED JAN 0 6 1995 en ¥ or MtbiOlAN GLENN J. RHODES. President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary January 5, 1995 TO: LYNN JONES 3660 S. COLE BOISE ID 83709 FROM: Karen Gal~~~~or Developme'~<J' \j MERIDIAN CU - COUGAR CREEK DAY CARE SUBJECT: Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on January 4, 1995. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron MERIDIAN CITY HALL ada county highway district 318 East 37th. Boise, Idaho 83714 . Phone (208) 345-7680 'c. .' - 8 INTER-DEPARTMENT CORRESPONDENCE GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary JONES.CU/DSTECH 01-04-95 TO: ACHD Commission DATE: December 30, 1994 FROM: Development Services SUBJECT: Conditional Use Cougar Creek Day Care (Applicant - Lynn Jones, 3660 S. Cole, Boise ID 83709) (Representative - Larry Stoker, 3175 N. Cole Road, Boise ID 83704) FACTS & FINDINGS: 1. The applicant is requesting approval of a conditional use permit for a day care facility for up to 12 children in a single family home. The site is located on the southwest corner of Cougar Creek Drive and Locust Grove Road, Lot 2, Block 2, Cougar Creek Subdivision. 2. GENERAL INFORMATION: ACRES - 0.25 SQUARE FEET OF PROJECTED BUILDING - 1350 ZONING - Residential - R-8 ESTIMATED VEHICLE TRIPS PER DAY - 55 TRAFFIC ANALYSIS ZONE - 270 L.F. OF FRONTAGE ON Couqar Creek Drive - 68-feet FUNCTIONAL CLASS MAP DESIGNATION - Local ADA COUNTY RIDGE-TQ-RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - No additional right-af-way required Cougar Creek Drive is improved to a 32-foot street section with 5-foot sidewalks and a raised median at the entry to Cougar Creek. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. The site is located at the southwest corner of Locust Grove and Cougar Creek Drive. The site is separated from Locust Road ada county highway district 318 East 37th. Boise, Idaho 83714 . Phone (208) 345-7680 I- .. . CONDITIONAL USE 4IÞougar Creek December 28, 1994 Page 3 Day Care 8 ., ¿. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Karen Gallagher' ¡ JAN 0 4 1995 4, ~~ t 1; ~ , ¡ ~ , :: ,~ . ~ 1 - ,j " " ~ N / 8 . ' \~ i-Þr 2. Z3úfY. ~ ;. . ~ Y4rd ¡ l t r ""I 'i 'tt4of II- en : 'il/!, I ~ ~ , ' i \ \.\: , " ! i .,- ,I. i , I "-.J .,. ,'. , , i -~~Q~', I. i At..?€" , ~¡' i -' , 1¡ t""". -' ~i "'Ii I "".-"'¥ f't...es. /' ./ h' I Ó_. ... ~ . :~~,,:'tl'j: ,,)i:,;.;: ~.. ~~4( fYl6'e,:. t:¥t"/~ """"L PAr/I!:> . i Gr4/ZriC-E: 8 'P4-.eI'-l"" A~4 ClN(!".(J.R£' '*'~ I ~ ------ l ! t'twtt '..... ,\}:~ , -~, " ",> . r;:=:'. i~- ,.>,. , .~ '~.uJ I , lr ~ .\:11 I I ~ c. -, ','" Ii «-J ", ~, 8 . ADA COUNTY PLANNING & ZONING COMMISSION AGENDA March 23, 1995 7:00 p.m. Les Bois Room, Boise City Hall, 150 N. Capitol Blvd. I. CALL TO ORDER (7:00 p.m.) II. ROLL CALL: John Blakeslee _Margaret Lauterbach Peter Morrill _Virgil Moore -E. J. Smith Lavar Thornton Ron Schreiner III. OLD BUSINESS: RECEIVED MAR 2 0 1995 CITY OF MERIDIAN 95-01-CU LYNN JONES: - Conditional use permit for a day care (46 children); (2.6 acres}. located at 2837 S. Maple Grove, Lot 29, Block 3, Sherman Oaks Sub. No.2; SE1/4Section23,T3N,R1E. ',' 1. COMMISSION ACTION: 2. 95-04-PDC/94-02-ZG - DEWA YNE T. & GENARAC. GOULET: A planned commercial development (used car sales), and a zone change fromR11 M (Estate' -Residential) to C-2 (Highway Commercial); located at 10220 W. State- Street, part - of Lot 29, Brose 2nd Sub.; SW 1/4 Section 14, T4N, R1 E. COMMISSION ACTION: IV. . NEW BUSINESS: " - . , , . -',' "" , 95-05-ZC -MARK GROUP PARTNERSHIP NO.8: Zone change from M-1 (Limited Industrial) to M:-3 (Industrial Park); (10.85 acres) located on the west,side-of S. Cloverdale Road approx. 1/2 mile. north of Franklin ,Road; SE1/4 Section 9, T3N, R1 E. - -.. -, ,-- ", , - - 1. COMMISSION - ACTION: -- ./ " .. . ': - - - 95-09-CU-PLEASANT VALLEYSKEET CLUB. LTD.: Conditional use per~it for a private, skeet shooting range; (3~29 acres) located east of Pleasant Valley Road; NW 1/4 S~ction 33~ T2N, R2E. ,'- - ,', - - , 2. COMMISSION ACTION:' , 3. 95-05-PDR MIDDLE CREEK SUaDIVISIONrrON RICKS & CAPITAL DEVELOPMENT: A 138 lot planned resider:'tial development; (41.84 acres) located east of N. Star' Road approx. 3/8 mile north of Hwy 44; SW 114 Section 8, T4N, R1W. COMMISSION ACTION: " ,- f{ ~, ,- . .. - .. ....; ,.'..,,;c..¡ -.--..""--'-";-,",'_"_H_' -- 8 ", '"" It 95-11-CU VAUGHN & ELLEN YENNEY: - Conditional use permit to construct a , 1,146 sq. ft. garage/shop building; (.41 acre) located at 3980 Leland, Lot 9, Block - 3, Leland Estates Sub.; SW 1/4 Section 26, T3N, R1 E. COMMISSION ACTION: 4. 95-04-ZC/95-06-CU RUSSELL A KNOPP: A conditional use permit for a 1,680 sq. ft. garage/shop - building, and a zone change from RP (Rural Preservation) to RR (Rural Residential); (12 acres) located at 18205 s. Cloverdale Road; SE 1/4 Section 9, T1 N, R1 E. ' , COMMISSION ACTION: 5. 95-07-CU SUSAN M. PECKHAM: Conditional use permit to operate a day care (50-75) children; (3 acres) located at 5850 W. Cherry Lane; sW 1/4 Section 4, , T3N, R1W. ' 6. COMMISSION ACTION: 95~i 2-CU ACE SIGN CO.: Conditionål use permit for a 48 sq. ft. advertising pole, sign; (3.46 acres) located at 8175 W. State Street, Shenandoah Mobile Home Park; - NW 1/4 Section 24, T 4N, R 1 E. 7.. COMMISSION ACTION: v. OTHER BUSINJ;SS: COMMISSION ACTION: VI. MINUTES - .. COMMISSION ACTION: -,' .. -, ~ ", 8 " ... r .J . . :-- Z ~ => ~ 0 ~ u a u z no:; ;!::!owì; . ",' . -"'t' ~N':: ~ ...... .- .i z ,'~ tn, .~ ~k D 1 N V;