HomeMy WebLinkAboutDreamland Education CenterCHD
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Ada County Highway District
David E. Wvnk000. President 318 East 37th Street
Dave Bivens 1st Vice President Garden City ID 83714-6499
Judy Peavey -Derr, 2nd Vice President Phone (208) 387-6100
Susan S. Eastlake, Commissioner FAX (208) 387-6391
Sherry R. Huber, Commissioner E-mail: tellus@ACHD.ada.id.us
June 17, 2002
TO: Larry Knopp
355 S. 3rd Street
Boise, Idaho 83702
SUBJECT: MCZC-02-022
Daycare
Lot 8, Block 1 Stokesberry Subdivision (Carol Proffessional Center)
On April 12, 2000, the Ada County Highway District Commissioners acted on MCUPOI-042/Carol
Professional Center. The conditions and requirements also apply to MCZC-02-022.
If you have any questions, please feel free to contact this office at (208) 387-6170.
Sincerely,
De elopme
nt Analyst
Planning & Development
Cc: Planning & Development/Chron/Project File
Planning & Development Services City of Meridian
Construction Services
Drainage/Utilities
ADA COUNTY HIGHWAY DISTRICT.
Planning and Development Division
Development Application Report
Preliminary Plat — Carol Professional Center/ Eagle Rd./ Fairview 8 Commercial/Office Lots
MPP-00-007/MCUP-00-020/MAZ-00-007
An application for a preliminary plat has been submitted to the City of.Meridian for eight commercial
and office lots,. The application has been referred to ACHD by the City of Meridian for review and
comment. Carol Subdivision is an 8 -lot commercial subdivision on 6.68 -acres. The applicant is also
requesting a rezone from RT to LO. This development is estimated to generate 630 additional vehicle
trips per day based on the Institute of Transportation Engineers Trip Generation manual.
The Commission previously reviewed and approved the adjacent public school site MA -08-98.
Together with the school site, the current application will be constructing a new east -west street on the
south property line.
Roads impacted by this development: Eagle Road
New East-West Street
ACHD Commission Date — April 12, 2000 7:00 p.m.
CAROL.CMM
Page 1
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Facts and Findings:
A. ,.General Information
Owner - John L. Barnes, Properties West Inc.
Applicant - JUB Engineers Inc, Gary Lee
RT - Existing zoning
LO - Requested zoning
6.68 - Acres
8 Proposed building lots
900 - Total lineal feet of proposed public streets
265 - Traffic Analysis Zone (TAZ)
West Ada - Impact Fee Service Area
Meridian - Impact Fee Assessment District
Eagle Road
Principal arterial
Traffic count of 28,268 on 10/27/98
C -Existing Level of Service
C -Existing phis project build -out Level of Service
650 -feet of frontage
200 -feet existing right-of-way (100 -feet from centerline)
Comply with ITD's right-of-way requirements
•
Eagle Road is under the jurisdiction of the Idaho Transportation Department (ITD). Eagle
Road is improved with an 84 -foot street section no curb, gutter or sidewalk.
New East-West Street
Collector street with bike lane designation
No traffic count available
360 - feet of frontage
0 - feet existing right-of-way (0 -feet north from centerline)
66 - feet required right-of-way (33 -feet north from centerline)
The new east -west street is currently being constructed as a 28 -foot wide roadway tapering to
40 -feet at the intersection with Eagle Road with no curbs, gutters or sidewalks. The new street
will be a future, collector street to service the large area of undeveloped land to the south and
west of the subject property. The new road will be located on the mid-section line.
B. On March 27, 2000, the District Planning and Development staff inspected this site and
evaluated the transportation system in the vicinity. On March 31, 2000, the staff met as the
District's Technical Review Committee and reviewed the impacts of this proposed development
on the District's transportation system. The results of that analysis constitute the following Facts
and Findings and recommended Site Specific Requirements.
CAROL.CMM
Page 2
C. In 1997, the District conducted an access control study for the Eagle Road corridor (Eagle Road
Access Control Studv, MK Centennial Engineering, September 25, 1997). The access control
•,,area covered in this plan included the segment of Eagle Road adjacent to this project site and
recommended that driveway access to Eagle Road be eliminated and that public street
intersections be located at the quarter and half mile point. The applicant is constructing an
east/west collector road at the quarter mile location. Based on the findings of the Eagle Road
Access Control Study, this site should not have a driveway on Eagle Road and the primary
access to the arterial street system should be provided from the new east/west collector roadway.
This location of new collector roadway was also identified in the Eagle Road Access Control
Study as a temporary frill -access intersection. The intersections will be restricted to right-
in/right-out operation as traffic volumes on Eagle Road increased.
The District previously acted on MA -08-99, an elementary school site located immediately west
of the current application. The school site constructed a public street connection to Eagle Road
along this site's south property line. The new street was constructed along this site's south
property as a 28 -foot wide roadway tapering to 40 -feet at the intersection of Eagle Road.
D. The applicant is not proposing any driveways on the new east/west collector road and none
should be approved. The site has insufficient frontage to offset a driveway on the new collector
road from both Eagle Road and the new commercial street.
E. District policy requires the applicant to construct a 5 -foot wide concrete sidewalk on the new
east/west street that abutting the parcel prior to District approval of a final plat. The sidewalk
should be located two feet within the new right-of-way of the collector road. Coordinate the
location and elevation of the sidewalk with District staff.
F. The applicant is proposing to construct a commercial street off the new east/west collector
roadway located approximately 320 -feet west of Eagle Road. The location of the roadway meets
District policy. The applicant should be required to construct the roadway as a 40 -foot street
section with curbs, gutters, and 5 -foot wide sidewalks within 58 -feet of right-of-way.
G. The applicant should be required to locate driveways on the commercial street a minimum of 50 -
feet north of the new east/west collector road. The driveways should be constructed as 24 to 30 -
foot wide curb cuts and paved their entire width to a point 30 -feet beyond the edge of pavement
of the commercial street.
H. The applicant is proposing to construct a circular turnaround at the north end of the new north -
south commercial street. The turnaround should be constructed to provide a minimum turning
radius of 45 -feet. Submit a design of the turnaround for review and approval by District staff.
I. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact Construction Services at 387-6280 (with file numbers) for details.
J. State Highway 55 (Eagle Road) is under the jurisdiction of Idaho Transportation Department
(ITD). Application materials should be submitted to ITD for review and requirements of that
Department and the applicant should submit to the District a letter from ITD regarding said
requirements prior to District approval of the final plat or issuance of a building permit (or other
CAROL.CMM
Page 3
required permits), whichever occurs first. The applicant may contact District III Traffic Engineer
Michael Garz at 334-8340.
K. Graveled driveways abutting public streets create maintenance problems due to gravel being
tracked onto the roadway. In accordance with past action by the District the applicant should be
required to pave the driveway its full width and at least 30 -feet into the site beyond the edge of
pavement of all public streets.
;L. As required by District policy, restrictions on the width, number and locations of driveways, may
be placed on future development of this parcel.
M. Based on development patterns in this area and the resulting traffic generation, staff anticipates
that the transportation system will be adequate to accommodate additional traffic generated by
this proposed development with the requirements outlined within this report.
The following Site Specific Requirements and Standard Requirements must be met or provided
for prior to ACHD approval of the final plat:
Site Specific Requirements:
1. Dedicate 33 -feet of right-of-way for the new collector road along the south property line of the
site abutting the parcel by means of recordation of a final subdivision.plat or execution of a
warranty deed prior to issuance of a building permit (or other required permits), whichever
occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be compensated for all right-of-way dedicated as an
addition to existing right-of-way from available impact fee revenues in this benefit zone, if the
owner submits a letter of application to the impact fee administrator prior to breaking ground,
in accordance with Section 15 of ACHD Ordinance #193.
2. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage.. Submit to the
District a letter from ITD regarding said requirements prior to District approval of the final plat .
or issuance of a building permit (or other required permits), whichever occurs first. Contact
District III Traffic Engineer at 334-8340. .
3. The Eagle Road Access Study identified that the new east -west collector street located 2640 -
feet north of Fairview Avenue will be restricted to right-in/right-out operation as traffic
volumes on Eagle Road increased.
4. Utility street cuts in the new pavement are not allowed unless approved in writing by the
District. Contact Construction Services at 387-6280 (with file number) for details.
5. As required by District policy, restrictions on the width, number and locations of driveways,
shall be placed on fixture development of this parcel.
CAROL.CMM
Page 4
6. Construct a 5 -foot wide concrete sidewalk on new the east/west collector street abutting the
parcel prior to District approval of a final plat. The sidewalk shall be located two feet within
the new right-of-way of the collector road. Coordinate the location and elevation of the
sidewalk with District staff.
7. Construct the new commercial street as a 40 -foot street sections with curb gutter, and 5 -foot
wide concrete sidewalks within 58 -feet of right-of-way, located as proposed 320 -feet.
18. Locate driveways off the new commercial street a minimum of 50 -feet north of the collector
roadway. Construct the driveways as 24 to 30 -foot wide curb cuts and paved their full width to
a point 30 -feet beyond the edge of pavement of the commercial street.
9. Construct an ACHD approved turnaround with a 45 -foot radius at the north end of the new
north -south street. Submit a design of the turnaround for review and approval by District staff.
10. No access points to Eagle Road have been proposed and none are approved with this
application.
11. No access points to the new east -west street have been proposed and none are approved with
this application.
Standard Requirements:
1: A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made in writing to the ACRD Planning and Development Supervisor. The request
shall specifically identify each requirement to be reconsidered and include a written explanation
of why such a requirement would result in a substantial hardship or inequity. The written
request shall be submitted to the District no later than 9:00 a.m.-on the day scheduled for
ACHD Commission action. Those items shall be rescheduled for discussion with the
Commission on the next available meeting agenda.
Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action
do not provide sufficient time for District staff to remove the item from the consent agenda and
report to the Commission regarding the requested modification, variance or waiver. Those
items will be acted on by the Commission unless removed from the agenda by the Commission.
2. After ACHD Commission action, any request for reconsideration of the Commission's action
shall be made in writing to the Planning and Development Supervisor within six days of the
action and shall include a minimum fee of $110.00. The request for reconsideration shall
s e . cifically-identify each requirement to be reconsidered and include written documentation of
data that was not available to the Commission at the time of its oritzinal decision. The request
for reconsideration will be heard by the District Commission at the next regular meeting of the
Commission. If the Commission agrees to reconsider the action, the applicant will be notified
of the date and time of the Commission meeting at which the reconsideration will be heard.
CAROL.CtvMM
Page 5
3. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #193, also known as Ada County Highway District Road Impact
Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
6. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to
ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full
business days prior to breaking ground within ACRD right-of-way. The applicant shall contact
ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
8. No change in the terns and conditions of this approval shall be validunless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
9. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans,
or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the Highway District of its intent to change the planned use of the subject
property unless a waiver/variance of said requirements or other legal relief is granted pursuant
to the law in effect at the time the change in use is sought.
Conclusion of Law:
ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Should you have any questions or comments, please contact the Planning and Development
Division at 387-6170.
Submitted by -.—
Planning and Development Staff
Commission Action:
April 12 2000
CAROL.CMM
Page 6
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF MONVAND
ENTERPRISES, LLC, FOR A
CONDITIONAL USE PERMIT
FOR A 120 CHILD/CHILD CARE
CENTER IN AN L -O ZONE,
LOCATED WITHIN THE
STOKESBERRY SUBDIVISION,
ON THE WEST SIDE OF EAGLE
ROAD APPROXIMATELY 1/2
MILE NORTH OF FAIRVIEW
AVENUE, MERIDIAN, IDAHO
C/C 03-05-02
Case No. CUP -01-042
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
The above entitled conditional use permit application having come before the
City Council on March 5, 2002, and Shari Stiles, Planning and Zoning Administrator,
and Larry Knopp, appeared and testified, and no one appearing in opposition, and the
City Council having received the staff report and the record made before the Planning
and Zoning Commission, and being fully advised in the premises, the Council finds and
concludes as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -01-042)
FINDINGS OF FACT
1. 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 March 5,
2002, before the City Council, the first publication appearing and written notice
having been mailed to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the property under consideration more than
fifteen (15) days prior to said hearing and with the notice of public hearings having
been posted upon the property under consideration more than one week before said
hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly
considered by the City Council at the said March 5, 2002, public hearing; and the
Applicant, affected property owners, and government subdivisions providing services
within the planning jurisdiction of the City of Meridian, having been given full
opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-5
and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of
Publication and Proof of Posting filed with the staff report.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -01-042) - 2
3. Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Meridian City Code Title 11 and Title 12 and
all current zoning maps thereof and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the
Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. The property is located within the Stokesberry Subdivision, on the west
side of Eagle Road approximately '/2 anile north of Fairview Avneue, Meridian, Idaho.
5. The owner of record of the subject property is Monvand Enterprises,
LLC of Meridian, Idaho.
6. Applicant is owner of record.
7. The subject property is currently zoned L -O. The zoning district of L -O
is defined within the City of Meridian Zoning and Development Ordinance, Section
11-7-2.
8. The proposed application requests a conditional use permit for
development of a Child Care Center for 120 children. The L -O zoning designation
within the City of Meridian Zoning and Development Ordinance requires a
conditional use permit be obtained for most uses including those requested by the
Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -01-042) - 3
9. The Meridian City Council recognizes that the proposed application is
in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. That the Applicant/O-vvner, Monvand Enterprises, LLC, is granted a
conditional use permit for development of a Child Care Center for 120 children,
located within the Stolcesberry Subdivision, on the west side of Eagle Road
approximately 1/2 mile north of Fairview Avenue, Meridian, Idaho. The requested
conditional use is described in the Transmittal sheet which is on file in the Meridian
City Cleric's office, for the development of the aforementioned project, and said
property description is on file in the Meridian City Cleric's office.
12. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed and the following is also found to be required to mitigate the effects of the
proposed use and development upon services delivered by political subdivisions
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -01-042) - 4
providing services to the subject real property within the planning jurisdiction of the
City of Meridian, said Conditions shall be required as follows:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
I. Sanitary sewer and water to this facility shall be via existing service lines adjacent
to the property that was installed for Lot 8. If the lot line adjustment is approved,
the new Lot 7 (north half) shall not have any sanitary sewer and water services, as
those intended for Lot 7 shall be inside the Dreamland parcel. Provisions shall be
made within the Dreamland design to allow access for the north remainder parcel
to the sanitary sewer and water services intended for Lot 7.
2. Parking: Daycare centers are required under the Off -Street Parking Ordinance (11-
13) to provide one (1) space for every ten (10) children, plus one (1) space per staff
member. At the proposed number of 120 children and 9 staff members, a minimum
of 21 off-street parking stalls shall be required (assuming 12 for children and 9 for
staff — however, the number of staff could increase, depending on the ages of
children at the center), the applicant has provided 23 spaces. All stalls shall be
striped and improved in accordance with city ordinances. A cross access easement
shall be recorded for the common driveway/parking area.
3. A lot line adjustment shall be approved by the City and recorded at the Recorder's
Office prior to the issuance of a building permit for this project.
4. A Certificate of Occupancy (C.O.) for the childcare center is required prior to
operation. This C.O. shall be signed by representatives of the Fire Department,
Building Department and Planning &_ Zoning Department.
5. A six-foot tall, non -sight obscuring fence, with a lockable gate, shall be required
around the entire perimeter of the children's play area.
6. Applicant shall obtain and continuously maintain a child-care license from the
Idaho State Department of Health and Welfare -Child Care Licensing Division.
Provide copy of license to the City of Meridian at the time of P&Z Department's
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -01-042) - 5
C.O. inspection. The operator's license shall be on-site for City inspection at all
times.
7. Violation of any of the above conditions shall be cause to revolve a certificate of
occupancy for a Childcare Center. The conditional use permit shall be subject to
review upon ten (10) days notice to the applicant.
8. Off-street parking shall be provided in accordance with Section 11-13-5 of the City
of Meridian Zoning and Development Ordinance.
9. Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities Act
(ADA) requirements.
10. A drainage plan designed by an architect or engineer is required and shall be
submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas. All site drainage shall be contained and disposed of on-site within each
lot.
11. Outside lighting shall be designed and placed so as to not direct illumination on
any nearby residential areas and in accordance with City Ordinance Section 11-
13-4.C.
12. All outdoor trash and/or garbage collection areas shall be enclosed on at least
three (3) sides in accordance with City Ordinance Section 11-12-1.C.
Coordinate trash enclosure locations and construction requirements with
Sanitary Service Company (SSC) and provide a letter of approval from SSC to
the Planning &. Zoning Department prior to applying for building permits.
13. All signage shall be in accordance with the standards set forth in Section 11-14
of the City Zoning and Development Ordinance.
14. All construction shall conform to the requirements of the Americans with
Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREANILAND EDUCATION CENTER
(CUP -01-042) - 6
15. In accordance with City Ordinance 11-13-4.13.2., underground year-round
pressurized irrigation shall be provided to all landscape areas on site. Submit
hook-up and design details based on the proposed landscaping. Applicant shall
be required to utilize any existing surface or well water for the primary source. If
City water is proposed as a secondary source, developer shall be responsible to
pay water assessments for the landscaped areas.
16. If the start of construction has not been initiated within 18 months from the
approval of the Conditional Use Permit the permit shall be voided by the City.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. The facility shall comply with State Fire Marshal's standards for family day care
facility and shall be inspected by the Fire Department using this standard.
2. The address shall be posted in 6" numbers on the front of the building.
Adopt the Recommendations of the ACHD as follows:
Dedicate 33 -feet of right-of-way for the new collector road along the south
property line of the site abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first.
2. Comply with requirements of ITD for State Highway 55 (Eagle Road)
frontage. Submit to the District a letter from ITD regarding said requirements
prior to District approval of the final plat or issuance of a building permit (or
other required permits), whichever occurs first.
3. The Eagle Road Access Study identified that the new east -west collector street
located 2640 -feet north of Fairview Avenue will be restricted to right-in/right-
out operation as traffic volumes on Eagle Road increased.
4. Utility street cuts in the new pavement are not allowed unless approved in
writing by the District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -01-042) - 7
5. As required by District policy, restrictions on the width, number and locations
of driveways, shall be placed on future development of this parcel.
6. Construct a 5 -foot wide concrete sidewalk on new the east/west collector street
abutting the parcel prior to District approval of a final plat. The sidewalk shall
be located two feet within the new right-of-way of the collector road.
Coordinate the location and elevation of the sidewalk with District staff.
7. Construct the new commercial street as a 40 -foot street sections with curb
gutter, and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way,
located as proposed 320 -feet.
8. Locate driveways off the new commercial street a minimum of 50 -feet north of
the collector roadway. Construct the driveways as 24 to 30 -foot wide curb
cuts and paved their full width to a point 30 -feet beyond the edge of pavement
of the commercial street.
9. Construct an ACHD approved turnaround with a 45 -foot radius at the north
end of the new north -south street. Submit a design of the turnaround for
review and approval by District staff.
10. No access points to Eagle Road have been proposed and none are approved
with this application.
11. No access points to the new east -west street have been proposed and none are
approved with this application.
12. Additionally, comply with the ACHD's Standard Requirements, and listed in
their memo dated December 20, 2001.
Adopt the Recommendations of the Sanitary Service as follows:
1. The enclosure for waste service shall be 10' for inside the gate post for
clearance and a 60' clearance for the drive shall be required.
Adopt the Recommendations of the Nampa &. Meridian Irrigation District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -01-042) - 8
1. All storm drainage shall be retained on site, if any storm drainage leaves the
site a Land Use Change application shall be required by the Nampa SL
Meridian Irrigation District.
13. The proposed use within the subject application will be
harmonious with and in accordance with the Meridian Comprehensive Plan and the
City of Meridian Zoning and Development Ordinance.
14. The uses proposed within the subject application will be subject to the
conditions set forth in Finding of Fact No. 12 and will be designed, constructed,
operated and maintained to be harmonious and appropriate in appearance or
intended character of the general vicinity; it is found that the subject property is large
enough to accommodate the requested use and all other required features, if a lot line
adjustment is recorded prior to start of constriction.
15. The use proposed and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this
Ordinance; it is found that the current Comprehensive Plan Land Use Map
designates the property as "Single Family Residential", however, when the property
was annexed it was designated as L -O, and this designation was found to be
harmonious with the Comprehensive Plan. The proposed use is considered a
permitted use (MCC Title 11-8-1), but this project must be approved as a
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -01-042) - 9
conditional use permit in order to comply with a condition of the Development
Agreement that governs the property.
16. That the design, construction, operation, and maintenance will be
compatible with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely change
the essential character of the same area; it is found that the proposed development
will not change the essential character of the general vicinity and will be harmonious
with the intended character of the same area. It is also found that the design of the
building is in compliance with the previously approved CUP requirements.
17. That the proposed use will be served adequately by essential public
facilities and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for the
establishment of proposed conditional use shall be able to provide adequately any
such services; it is found that the proposed development will be adequately served by
the essential public facilities and services listed above.
18. That the proposed use will not create excessive additional requirements
at public cost for public facilities and services and will not be detrimental to the
economic welfare of the community; it is found that the proposed use would not be
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -01-042) - 10
detrimental to the economic welfare of the community, nor would it create the need
for any new facilities or services to be paid for by the public.
19. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operations that will be detrimental to any persons,
property, or general welfare by reason of excessive production of traffic, noise, smoke,
fumes, glare or odors; it is found that no excessive traffic, noise, smoke, fumes, glare
or odors will result from the proposed use.
20. That the proposed use will have vehicular approaches to the property
which shall be so designed as not to create an interference with traffic on
surrounding public streets; it is found that the proposed use will not create
significant interference with any traffic on the surrounding public streets.
21. That the proposed use will not result in the destruction, loss or damage
of a natural, scenic or historic feature considered to be of major importance, it is
found that no natural or scenic feature will be lost, damaged or destroyed by issuance
of this conditional use.
22. The applicant has agreed to pay any additional sewer, water or
trash fees or charges, if any associated with the use.
CONCLUSIONS OF LAW
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -01-042) - 11
1. Idaho Code § 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide for
the processing of applications for special or conditional use
permits; and
(B) That a special use permit may be granted to an applicant if the
proposed use is otherwise prohibited by the terms of the zoning
ordinance, but may be allowed with conditions under specific
provisions of the zoning ordinance, subject to the ability of
political subdivisions, including school districts, to provide
services for the proposed use, and when it is not in conflict with
the plan; and
(C) That upon the granting of a special use permit, conditions may be
attached to a special use permit, including, but not limited to,
those:
1) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
4) Assuring that development is maintained properly;
5) Designating the exact location and nature of development;
requiring the provision for on-site or off-site public
facilities or services; requiring more restrictive standards
than those generally required in an ordinance; requiring
mitigation of effects of the proposed development upon
service delivery by any political subdivision, including
school districts, providing services within the planning
jurisdiction.
2. The City of Meridian has exercised its authority to provide for the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -0 1 -042) - 12
processing of applications for Conditional Use Permits by the enactment of Meridian
City Code § 11-17.
3. Idaho Code § 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act
is known as the "Local Land Use Planning Act of 1975."
4. The City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby ORDER and this does Order that:
1. That the Applicant/Owner, Monvand Enterprises, LLC of the property,
is granted a conditional use permit for development of a Child Care Center for 120
children, located within Stokesberry Subdivision, on the west side of Eagle Road
approximately '/2 mile north of Fairview Avenue, Meridian, Idaho. The requested
conditional use is described in the Transmittal sheet which is on file in the Meridian
City Cleric's office, for the development of the aforementioned project, and said
property description is on file in the Meridian City Cleric's office.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -01-042) - 13
2. The applicant is granted a conditional use permit for and subject to the
following terms and conditions:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Sanitary sewer and water to this facility shall be via existing service lines adjacent to
the property that was installed for Lot 8. If the lot line adjustment is approved, the
new Lot 7 (north half) shall not have any sanitary sewer and water services, as those
intended for Lot 7 shall be inside the Dreamland parcel. Provisions shall be made
within the Dreamland design to allow access for the north remainder parcel to the
sanitary sewer and water services intended for Lot 7.
2. Parkin : Daycare centers are required under the Off -Street Parking Ordinance (11-
13) to provide one (1) space for every ten (10) children, plus one (1) space per staff
member. At the proposed number of 120 children and 9 staff members, a minimum
of 21 off-street parking stalls shall be required (assuming 12 for children and 9 for
staff — however, the number of staff could increase, depending on the ages of children
at the center), the applicant has provided 23 spaces. All stalls shall be striped and
improved in accordance with city ordinances. A cross access easement shall be
recorded for the common driveway/parking area.
3. A lot line adjustment shall be approved by the City and recorded at the Recorder's
Office prior to the issuance of a building permit for this project.
4. A Certificate of Occupancy (C.O.) for the childcare center is required prior to
operation. This C.O. shall be signed by representatives of the Fire Department,
Building Department and Planning &. Zoning Department.
5. A six-foot tall, non -sight obscuring fence, with a lockable gate, shall be required
around the entire perimeter of the children's play area.
6. Applicant shall obtain and continuously maintain a child-care license from the Idaho
State Department of Health and Welfare -Child Care Licensing Division. Provide
copy of license to the City of Meridian at the time of P&Z Department's C.O.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -01-042) - 14
inspection. The operator's license shall be on-site for City inspection at all times.
7. Violation of any of the above conditions shall be cause to revoke a certificate of
occupancy for a Childcare Center. The conditional use permit shall be subject to
review upon ten (10) days notice to the applicant.
8. Off-street parking shall be provided in accordance with Section 11-13-5 of the City
of Meridian Zoning and Development Ordinance.
9. Paving and striping shall be in accordance with the standards set forth in Sections
11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities Act (ADA)
requirements.
10.A drainage plan designed by an architect or engineer is required and shall be
submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
All site drainage shall be contained and disposed of on-site within each lot,
11. Outside lighting shall be designed and placed so as to not direct illumination on
any nearby residential areas and in accordance with City Ordinance Section 11-
13-4.C.
12.A11 outdoor trash and/or garbage collection areas shall be enclosed on at least three
(3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash
enclosure locations and construction requirements with Sanitary Service Company
(SSC) and provide a letter of approval from SSC to the Planning &. Zoning
Department prior to applying for building permits.
13.All signage shall be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance.
14.All construction shall conform to the requirements of the Americans with
Disabilities Act.
15.1n accordance with City Ordinance 11-13-4.B.2., underground year-round
pressurized irrigation shall be provided to all landscape areas on site. Submit
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -01-042) - 15
hook-up and design details based on the proposed landscaping. Applicant shall be
required to utilize any existing surface or well water for the primary source. If City
water is proposed as a secondary source, developer shall be responsible to pay
water assessments for the landscaped areas.
16.If the start of construction has not been initiated within 18 months from the
approval of the Conditional Use Permit the permit shall be voided by the City.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. The facility shall comply with State Fire Marshal's standards for family day care
facility and shall be inspected by the Fire Department using this standard.
2. The address shall be posted in 6" numbers on the front of the building.
Adopt the Recommendations of the ACHD as follows:
Dedicate 33 -feet of right-of-way for the new collector road along the south
property line of the site abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first.
2. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage.
Submit to the District a letter from ITD regarding said requirements prior to
District approval of the final plat or issuance of a building permit (or other
required permits), whichever occurs first.
3. The Eagle Road Access Study identified that the new east -west collector street
located 2640 -feet north of Fairview Avenue will be restricted to right-in/right-out
operation as traffic volumes on Eagle Road increased.
4. Utility street cuts in the new pavement are not allowed unless approved in writing
by the District.
5. As required by District policy, restrictions on the width, number and locations of
driveways, shall be placed on future development of this parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -01-042) - 16
6. Construct a 5 -foot wide concrete sidewalk on new the east/west collector street
abutting the parcel prior to District approval of a final plat. The sidewalk shall be
located two feet within the new right-of-way of the collector road. Coordinate the
location and elevation of the sidewalk with District staff.
7. Construct the new commercial street as a 40 -foot street sections with curb gutter,
and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way, located as
proposed 320 -feet.
8. Locate driveways off the new commercial street a minimum of 50 -feet north of the
collector roadway. Construct the driveways as 24 to 30 -foot wide curb cuts and
paved their full width to a point 30 -feet beyond the edge of pavement of the
commercial street.
9. Construct an ACHD approved turnaround with a 45 -foot radius at the north end
of the new north -south street. Submit a design of the turnaround for review and
approval by District staff.
10. No access points to Eagle Road have been proposed and none are approved with
this application.
I I. No access points to the new east -west street have been proposed and none are
approved with this application.
12.Additionally, comply with the ACHD's Standard Requirements, and listed in their
memo dated December 20, 2001.
Adopt the Recommendations of the Sanitary Service as follows:
1. The enclosure for waste service shall be 10' for inside the gate post for clearance
and a 60' clearance for the drive shall be required.
Adopt the Recommendations of the Nampa &. Meridian Irrigation District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -0 1-042) 17
1. All storm drainage shall be retained on site, if any storm drainage leaves the
site a Land Use Change application shall be required by the Nampa &
Meridian Irrigation District.
3. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Cleric
and then a copy served by the Cleric upon the applicant, the Planning and Zoning
Department, Public Works Department and City Attorney and any affected party
requested notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the conditional use permit may within twenty-eight (28) days after the
date of this decision and order seek a judicial review as provided by Chapter 52, Title
67, Idaho Code.
By action of the City Council at its regular meeting held on the / ��
day of _'&? L 01L/ , 2002.
ROLL CALL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -01-042) - 18
COUNCILMAN BIRD
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED:
VOTED —021—
VOTED*GL-
VOTED*oL.
VOTED 4c-
VOTED
MOTION: APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.F,�,
� � 4
�k
Dated: �Q;r,�e.
ity Clerk
'T' -:P
*fi r+s�
L� 4z�:�'►I a
Z:\Wor1,\M\Meridian\Meridian 15360M\Dreamland Education Cntr CUP01-042\CL7PFfClsOrdDec01042.doc -. isi,,,�9ty %i''j'�it
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER
(CUP -0 1 -042 )
- 19
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF
MONVAND ENTERPRISES, LLC, FOR A
CONDITIONAL USE PERMIT FOR A 120
CHILD/CHILD CARE CENTER, LOCATED
WITHIN THE STOKESBERRY SUBDIVISION,
ON THE WEST SIDE OF EAGLE ROAD
APPROXIMATELY 1/2 MILE NORTH OF
FAIRVIEW AVENUE, MERIDIAN, IDI -IAO
C/C 03-05-02
CASE NO. CUP -01-042
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 5TH day of March, 2002,
for final action on conditional use permit application and the Council having received
and approving the recommendation of the Planning and Zoning Commission the
Council takes the following action:
1. That the Applicant/Owner, Monvand Enterprises, LLC of the property, is
granted a conditional use permit for development of a Child Care Center for 120
children, located within Stokesberry Subdivision, on the west side of Eagle Road
approximately 1/2 mile north of Fairview Avenue, Meridian, Idaho. The requested
conditional use is described in the Transmittal sheet which is on file in the Meridian
City Cleric's office, for the development of the aforementioned project, and said
property description is on file in the Meridian City Cleric's office.
2. That the above named applicant is granted a conditional use permit for
development of a Child Care Center for 120 children, located within Stokesberry
Subdivision, on the west side of Eagle Road approximately 1/2 mile north of Fairview
Avenue, Meridian, Idaho, subject to the following conditions of use and
development:
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - PAGE 1 OF 4
MONVAND ENTERPRISES, LLC -
DREAMLAND EDUCATION CENTER/ (CUP -01-042)
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1, Sanitary sewer and water to this facility shall be via existing service lines adjacent
to the property that was installed for Lot 8. If the lot line adjustment is approved,
the new Lot 7 (north half) shall not have any sanitary sewer and water services, as
those intended for Lot 7 shall be inside the Dreamland parcel. Provisions shall be
made within the Dreamland design to allow access for the north remainder parcel
to the sanitary sewer and water services intended for Lot 7.
2. Parking: Daycare centers are required under the Off -Street Parking Ordinance (11-
13) to provide one (1) space for every ten (10) children, plus one (1) space per staff
member. At the proposed number of 120 children and 9 staff members, a minimum
of 21 off-street parking stalls shall be required (assuming 12 for children and 9 for
staff — however, the number of staff could increase, depending on the ages of
children at the center), the applicant has provided 23 spaces. All stalls shall be
striped and improved in accordance with city ordinances. A cross access easement
shall be recorded for the common driveway/parking area.
3. A lot line adjustment shall be approved by the City and recorded at the Recorder's
Office prior to the issuance of a building permit for this project.
4. A Certificate of Occupancy (C.O.) for the childcare center is required prior to
operation. This C.O. shall be signed by representatives of the Fire Department,
Building Department and Planning &. Zoning Department.
5. A six-foot tall, non -sight obscuring fence, with a lockable gate, shall be required
around the entire perimeter of the children's play area.
6. Applicant shall obtain and continuously maintain a child-care license from the
Idaho State Department of Health and Welfare -Child Care Licensing Division.
Provide copy of license to the City of Meridian at the time of P&Z Department's
C.O. inspection. The operator's license shall be on-site for City inspection at all
times.
7. Violation of any of the above conditions shall be cause to revoke a certificate of
occupancy for a Childcare Center. The conditional use permit shall be subject to
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - PAGE 2 OF 4
MONVAND ENTERPRISES, LLC -
DREAMLAND EDUCATION CENTER / (CUP -01-042)
review upon ten (10) days notice to the applicant.
8. Off-street parking shall be provided in accordance with Section 11-13-5 of the City
of Meridian Zoning and Development Ordinance.
9. Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities Act
(ADA) requirements.
10. A drainage plan designed by an architect or engineer is required and shall be
submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas. All site drainage shall be contained and disposed of on-site within each
lot.
11. Outside lighting shall be designed and placed so as to not direct illumination on
any nearby residential areas and in accordance with City Ordinance Section 11-
13-4.C.
12. All outdoor trash and/or garbage collection areas shall be enclosed on at least
three (3) sides in accordance with City Ordinance Section 11-12-1.C.
Coordinate trash enclosure locations and construction requirements with
Sanitary Service Company (SSC) and provide a letter of approval from SSC to
the Planning &. Zoning Department prior to applying for building permits.
13. All signage shall be in accordance with the standards set forth in Section 11-14
of the City Zoning and Development Ordinance.
14. All construction shall conform to the requirements of the Americans with
Disabilities Act.
15. In accordance with City Ordinance 11-13-4.B.2., underground year-round
pressurized irrigation shall be provided to all landscape areas on site. Submit
hook-up and design details based on the proposed landscaping. Applicant shall
be required to utilize any existing surface.or well water for the primary source. If
City water is proposed as a secondary source, developer shall be responsible to
pay water assessments for the landscaped areas.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT PAGE 3 OF 4
MONVAND ENTERPRISES, LLC -
DREAMLAND EDUCATION CENTER/ (CUP -01-042)
16. If the start of construction has not been initiated within 18 months from the
approval of the Conditional Use Permit the permit shall be voided by the City.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. The facility shall comply with State Fire Marshal's standards for family day care
facility and shall be inspected by the Fire Department using this standard.
2. The address shall be posted in 6" numbers on the front of the building.
Adopt the Recommendations of the ACRD as follows:
Dedicate 33 -feet of right-of-way for the new collector road along the south
property line of the site abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first.
2. Comply with requirements of ITD for State Highway 55 (Eagle Road)
frontage. Submit to the District a letter from ITD regarding said requirements
prior to District approval of the final plat or issuance of a building permit (or
other required permits), whichever occurs first.
3. The Eagle Road Access Study identified that the new east -west collector street
located 2640 -feet north of Fairview Avenue will be restricted to right-in/right-
out operation as traffic volumes on Eagle Road increased.
4. Utility street cuts in the new pavement are not allowed unless approved in
writing by the District.
5. As required by District policy, restrictions on the width, number and locations
of driveways, shall be placed on future development of this parcel.
6. Construct a 5 -foot wide concrete sidewalk on new the east/west collector street
abutting the parcel prior to District approval of a final plat. The sidewalk shall
be located two feet within the new right-of-way of the collector road.
Coordinate the location and elevation of the sidewalk with District staff.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - PAGE 4 OF 4
MONVAND ENTERPRISES, LLC -
DREAMLAND EDUCATION CENTER/ (CUP -01-042)
7. Construct the new commercial street as a 40 -foot street sections with curb
gutter, and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way,
located as proposed 320 -feet.
8. Locate driveways off the new commercial street a minimum of 50 -feet north of
the collector roadway. Construct the driveways as 24 to 30 -foot wide curb
cuts and paved their full width to a point 30 -feet beyond the edge of pavement
of the commercial street.
9. Construct an ACHD approved turnaround with a 45 -foot radius at the north
end of the new north -south street. Submit a design of the turnaround for
review and approval by District staff.
10. No access points to Eagle Road have been proposed and none are approved
with this application.
11. No access points to the new east -west street have been proposed and none are
approved with this application.
12. Additionally, comply with the ACHD's Standard Requirements, and listed in
their memo dated December 20, 2001.
Adopt the Recommendations of the Sanitary Service as follows:
1. The enclosure for waste service shall be 10' for inside the gate post for
clearance and a 60' clearance for the drive shall be required.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. All storm drainage shall be retained on site, if any storm drainage leaves the
site a Land Use Change application shall be required by the Nampa &
Meridian Irrigation District.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - PAGE 5 OF 4
MONVAND ENTERPRISES, LLC -
DREAMLAND EDUCATION CENTER/ (CUP -01-042)
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code § 11-17-8, a copy of
which is attached to this permit.
B action of the City Council at its regular meeting held on the �� day of
2002.
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney. +'' ` ti,
By: Dated:
City Cleric
Z:\Work\M\Meridian\Meridian 15360M\Dreamland Education Cntr CUPO1-042\CUPOrder.doc
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -
MONVAND ENTERPRISES, LLC -
DREAMLAND EDUCATION CENTER / (CUP -01-042)
V '.1
PAGE 6 OF 4
x
a
PAGE 6 OF 4
DISTRICT 3 • P.O. BOX 8028 • BOISE, ID • 83707-2028 • (208) 334-8300
December 13, 2001
Meridian Planning and Zoning Commission
City of Meridian
660 E. Watertower Suite202
Meridian, Idaho 83642
Re: CUP- 01-042 Monvand Enterprises LLC Daycare on Eagle Rd.
Dear Ms. Stiles,
We received your notice concerning this development. We realize that we have no jurisdiction
over this request since no work will be done on the state right of way and no permit will be
required from the state. We would like for you to inform the applicant that Eagle Rd. is a high
volume facility with high speed traffic. I.T.D. will not be lowering the speed limit nor
constructing auxiliary lanes (right turn lanes) at the approach to this development. Noise
mitigation will be at the expense of the developer.
If you have any questions please call me at 334-8340.
)'no
Siy;
nde. .
District Traffic Engineer
DC:LDS:Ids
- An Equal Opportunity Employer -
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CITY OF MERIDIAN
Planning & Zoning Dgxwtmeatt
660 E. Watertow6r Ln., Ste. 202, Meridian, ID 8:3642
(208) 884-5533 phone / (208) 888-6854 Fax
CONDTt'IUNAL USE PERNll')<' REPLICATION
L? Check here if Planned Development Application
(RE: Meridian Zoning Ordinance - Section 11-17)
APPLICANT: �-- .
ADDRI'sSS: _,S-1SJ IA, �tLl-,c (2o.._
PHONE: P�04-- 4:7t�FAX: -
OWNER(S) OF RECORD:
ADDRESS: 5100
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PHONE: _ FAX:
E-MAIL:
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O,UF-DI-Oy,Z
ENGINEER, StTRVF,YOR, PLANNER: _) AYWY �`Te)jq
ADDRESS:..— -77015� .� OUI t -t' —rlW_: � t f2f._�01�2 � 3� e) Z
PHONE: �l FAX: _ 7? ?J �E-.ivtAIL:�7b
ADDRESS, GENERAL LOCATION OF SITE: >2t2U LL �►� ��".i l0 G Imo'
DESCRIPTION OF PRESENT USE:--LL4r%6
DESCRIPTION OF PROPOSED CONDITIONAL tJSE: !!,5) E+ L±±Ot2
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PRESENT ZONE CLASSIFICATION:
1 have read the information Contained herein and certify the information is tme and correct.
APPLICANT'S SIGNATURE:
SOCIAL SECURITY NUMBER: 54 I — -i H - _)
Rev. 06,75 111
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHOCTZDVtNG
COUNTY OF ADA )
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(name) ('address)
IIS being first duly sworn upon
oath, deposo and say:
(city) (state)
i . That I ami the record owner of the property described on the attached, and I grant
my permission to:
a (name) (address)
to submitthe accompanying application pertaining to that property.
2. I agree to:indemnify, defend and hold the City of Meridian and it's employees
harmless 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 �� day of
SUBSCRIBED AND SWORN to
.•`� O S NE ''#i
�� • •stirs
4'_•
Z
PUBA; G r
OF.11811119916*
(Signature)
the day and year first above written.
Notary Pub for Idaho
Residing at t^ Cn.tr
My Commission Expires: IS',2001—
S -Wes c' tsic.
1401 Shoreline Dr. • P.O. Box 2797 • Boise, Idaho 83701 • (208) 345-7523
.r T-4 t i)
N V 2 3 2901
November 21, 2001
David McKinnon
Planner
City of Meridian
200 E. Carlton
Meridian, ID 83642
Re: Lot Line Adjustment, Lot 7 and 8, Stokesberry Subdivision
Dear Dave:
This letter is to inform you that we will proceed with the lot line adjustment on the south
half of Lot 7 in Stokesberry Subdivision for Monvand Enterprises, LLC after they receive the
conditional use approval from the City of Meridian.
J -U -B Engineers will proceed on the lot line adjustment as soon as possible once we are
assured Monvand can proceed with their day care plan on Lot 8 and the south half of lot 7 of
Stokesberry.
For your information, we have a building elevation with adequate parking planned for the
north half of Lot 8 that complies with our development agreement with the City of Meridian.
Sincerely,
9es
L Barnes
i ent
AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE
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t,,A.4V#54P4A, do hereby affirin that I will have the public i
hearing notice(s) posted I (one) week prior to the public hearing(s) for the application or
Ica 'ons that I have'su, mitted.
(Applicant's Signature) (Date)
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LIST OF MAILING ADDRESSES FOR PROPERTY OWNERS WITHIN 300 FEET
JAMES & PATSY HATMAKER
3014 LESLIE DRIVE
MERIDIAN, IDAHO 83642-5714
BILLY & SANDRA KNORPP FAMILY TRUST
BL $ SL KNORPP TRUSTEES
2972 LESLIE DRIVE
MERIDIAN, IDAHO 83642-5714
RAYMOND & JUDY KANE
3047 LESLIE DRIVE
MERIDIAN, IDAHO 83642-5714
WILLIAM & JANET LEE KULESKI
2995 EAST LESLIE DRIVE
MERIDIAN, IDAHO 83642-5714
GENE & TAMARA CAMPBELL
3165 EAST LESLIE DRIVE
MERIDIAN, IDAHO 83642-5714
WALTER & ROBERTA WILLIAMS
3104 LESLIE DRIVE
MERIDIAN, IDAHO 83642-5714
CONNEE BENTLEY
3153 LESLIE DIVE
MERIDIAN, IDAHO 83642-5714
MAUREEN BOYLE
3109 LESLIE DRIVE
MERIDIAN, IDAHO 83642-5715
LARRY & PATRICIA GREEN
2935 LESLIE DRIVE
MERIDIAN, IDAHO 83642-5714
SENT BY: PROMED KEYBOARD GROUP; 208 884 4040;
OCT -ii -01 1:27PM; PAGE 2
CONTRACT OF SALE
TmIS CONTRACT OF SALE
("Contract') is entered into on October 15,
2001, between Properties West, Inc., an Idaho
corporation ("Se&r"), and Monvand
Enterprises, LLC, an Idaho limited liability
company ("Buyer='),
1, Purchase
Seller shall sell and Buyer shall
purchase that certain real property located in the
City of Meridian, County of Ada, State of Idaho,
consisting of approximately 32,409 sq, ft. of
land, which is more particularly described on
Exhibit "A" attached hereto and which is shown
as Lot 8 and the southern one-half (1/2) of Lot 7
on the Plat attached hereto as Exhibit "A -I" both
of which exhibits are made a part hereof,
together with all easements, rights and
appurtenances thereto ("Subject Property"), all
in accordance with the terms and conditions
hereinafter set forth. The Subject Property is
part of a larger tract of land as shown on
Exhibit "A-1" known as the Stokesberry
Subdivision and being marketed as Carol
Professional Center ("Developr mer).
2. Effective Date
The "Effective nate" of this Contract
shall be the date of this Contract set forth above.
3. License for Entry
Seller understands that Buyer desires to
construct a children's day care facility on the
Subject Property, and Seller grants to Buyer a
license to enter upon the Subject Property and
the Development for all purposes reasonably
related to a full and adequate determination of
the suitability of the Subject Property for such
purpose, including, without limitation, the right
to conduct surveys, soils tests, engincefing
studies, and environmental tests and audits.
Buyer shall indemnity, defend and hold
harmless Seller from any and all liabilities,
claims, damages, expenses (including, without
CONTRACT OF SALE - 1
limitation, reasonable attorneys' tees and
reasonable attorneys' fees on any appeal),
judgments, proceedings and causes of action of
any kind whatsoever (collectively, "Claims„),
resulting from Buyer's exercise of the license
granted herein, unless caused by the willfid or
negligent act or omission of Seller, its agents,
contractors or employees. Notwithstanding the
tbregoing, to the extent any Claims arise from or
relate to the condition of the Subject Property
and/or the Development prior to Buyer's
exercise of the license granted herein, Buyer's
indemnification and other obligations under this
section shalt not apply, Without limiting the
foregoing, Buyer shall, not be liable for any
Claims or diminution in value arising or
resulting from (i) Buyer's discovery of any
preexisting condition (including, without
limitation, the existence of "Hazardous
Materials” as defined in Section 12) in, on,
under or about the Subject Property or the
Development, or (ii) any exacerbation of a
pre-existing condition in, on, under or about the
Subject Property or the Development, except to
the extent, if any, said exacerbation results from
the willful or negligent act or omission of Buyer,
its agents, contractors or employees.
4. Purchase Price and Method of
Payment
The total purchase price for the Subject
Property shall be the sum of TWO HUNDRED
FOURTY THOUSAND DOLLARS ($240,000)
("Purchase Price"). The Purchase Price shall
be paid as follows:
(a) Within three (3) business days
atter the Effective Date, Buyer shall deliver the
sum of FIVE THOUSAND AND NO/100
DOLLARS ($5,000) to Pioneer Title, 8151
Rifleman, Boise, Idaho 83704 ("Escrow
Agent") as an earnest money deposit ("Earnest
Money Deposit"). The Escrow Agent shall
invest the Earnest Money Deposit in an interest-
bearing account at a federally -insured bank or
savings and loan approved by Seller and Buyer.
Buyer shall provide its taxpayer identification
SENT
BY:
Iv
PROMED KEYBOARD GROUP; 208 884 4949;
(b) All interest earned on the
Earnest Money Deposit (hall be =:ditad to
Buyer. All of the Ennesl Money Deposit;
toga thcr with all aocrued intcrest, "I be
credited to and considered as payment of part of
the Purchase Fdce at the lima and upon
consummation of the Closing of this user dOft.
The Eomat Money Deposit and all acarutd
interest shall be retwrned to Buyer if this
Colaw is terminated due to Buyer's inability to
satisfy of wdvo its conditions W forth herein.
in the event Buyer dewis under this Contract
following its satisf a ion and/or waiver of its
conditions and expiration of the Inspection
Period as provided below, the Earnest Money
Deposit, but not the auxued iete .% sball be
resnittal to Seller as liquidated dmges sAd as
Seller's We and exclusive remedy for Buyer's
default.
(c) Tin bala= of the Purchm
Price aft credits, adjustments and pronasions,
shat] be paid to Sella by Bayer at the time of
Closing hermuder by real, ware tr =&r or other
inunediatciy available fuads acceptable to
Escxow Agent.
S. Delivery of Documents
Upon execution of this Contract, Sella
shall deliver to Buyer the most roast survey,
plum; map, drawings or other similar mapt Ws
and a copy of all eadsting conditional use
permits and zoning approvals mladng to the
Subject .ftPtrty and the Dovelopm=t; if any,
within Seller's possession or control. If Buyer
tetwinates this Contract for any reason
whatsoever, Buyer shall return to Seller all items
mentioned above which Seller hits delivered to
Buyer
6. Couudi lout Su►bseiteent
Notwithstartdiq Myth* to the
contrary in this Comet. Buyer shall not be
oblig4ed to pwvbaw the Subject Property
unless at or prior to 5:00 p.m. (Mountain Tlc)
on the date which Eels onto hwtadred fiftY (150)
days after the Effective Date CllfiP t ton
Per W") or such I= date as provided in
Soction 7 each of the following conditions has
born met or Buya hue waived said Wn4idon in
writing. Sellas shall cooperate with Buyer to
CONTRACT OF SALE - 2
"OGT -11-01 1:28PM; PAGE 3/9
om um any dou:tnaents which may be ntOWW
or convenient to tbo petfor nm= of thescc
condidoes.
(a) The Subject Property is zoned
and all suhdies, reports, POmssit-% OWOVAk and
written agrormernts saris artery to Bayor
(including, but not lizWW to, subdivisiottl
planned development approvals, site plan
a pProvas, plat/parcel map apprOvals, building
and use primps, architedtual %FOVals,
mmmeow rep" Md. permits ad traffic
studies), reed by dtc Appropriate public m
govenu wmW authorities to peanut (i) tae
conveyance of t�a Subject Prop" to Buyer' in
accordance with applicable law, (ii) the
dtvelopmeat of the Subject Property es desired
by Buyer, and (iii) tine causnnhctiaa and
Operation of a children's day care fgaity
C'Governaaeot Approv&W), have beery finally
abpNed, an Without condithou therms which is
Buye$ reasonable opinion would rause
cot><tta=on and operation of Buyer's proposed
ehildrai s day we fanitty to be econo>'d Ak
unfcssible. All of the above shall not be deemed
to be finally adopted until dm he tune period
within which to cotntea each such maw by
admWsmWve or judicial PfOceedhW,
referent=s, petitions for rcdwm* or Aawise
bas c c&4- provided, however, that nodit
contained barein shall in my way be iaterprewd
or caasaned to w4nite Buyer to W061 a dmf.
or to nonose the conditions, of any adverse
Oovtramcntai Approval.
(b) Buyer, at its expo x and if it
earners,, has obtaiaed a aunt certified ,ALTA
bvuudary survey of the S*cd ProPffY
pfapated by a stuveyOf licensed in dye State of
Idaho (..Survey"), which 9adsfics Buyer's
requitemcnta.
(c) Buys has obtained approval
from all gOva=Cfttal entities and ftom the
Sellar, including an Avcfhitecuual Committee
approval by Stoci=bcrry Subdivision for Site
plan, Eletrstion plan and Lit ASC%ing plaq, if
neomeaay, and any oilier pawn or entity hiving
approval rights to mart on the Subjaa Pmpcq
signage as desired by Buyer.
(d) whin fifteen (15) days after
the Effective Datc, Seller, at its wgmse, shalt
SENT BY: PROMED KEYBOARD GROUP; 208 884 4949; OCT -ii -01 1:29PM; PAGE 4119
cause to be delivered to Buyer a cut=t
eommilurtnt for title insnrawz covering the
S**ea DPVW issued by EscroW Agent, m
agent f Gini ' Title Insurmmce Company
("Title Co , for an entendacd covers
.ALTA Owners Policy of Title lnsuranat; in the
wwunt of the Purchase Pr ice ("Co®mdtme n
together with a copy of each document listed (i)
AA :n encumbrance upon the dtle to the Subject
Property or (u) as an exception to novenae in
the Commitment. Buyer shall ==ire the
Commitment and shall make any objections
therdto in writing to Seller ("Notice of
Objection") flo I&T dm twenty (20) days after
Buyer receives the; Commitment and the cnpy of
each ea;cepdoa document fisted in the
Commitment; as required above. In tho event
there exists any such encumbrance or Oxctptfon
to wbich the Buyer has obje hod, Selirr shall
have twenty (20) days after its rerxipt of the
Notice of Objection to dlect (in Seller's sole
remonable discretion) to carr and rmove or
insure over the objectionable title encumbrance
or exception. In tate event Seller elects not to
rim and remove or to ms= over crit
objocdonabk title ew mbmncc or exception
wvAin said twenty (20) city period or itt the
event Sellar dons elect to cern and rmovc dw
Qb mtiooAle title encumbrance or exception but
is unable to true and -remove said objcWonbk
title encumbrance or exception or, alternatively,
to cause tbo sa= to be insured over by tiro Title
Cowptetty teen (10) days prior to the expiration of
the Inspection Period or any exunsions thereof
this Contxaet, at dw option of Buyer :nd upon
wdtwn notice from Buyer to Seller, $hall
tuuAra s0, in the event Seller ele as to aur and
remove the objoctiomWo title encumbrance(s) or
exc•,optiou(s), Seller agrees to use its bolt efforts
to remove any objoct o,aable fide encumbrance
or oxcVdon provided that acid objectionable
title encumbraneo or wcccption may be rereoved
at a reasonable coat; to Seller. it is understood
and agreed that if this Contract is terminated by
Buyer w provided in this Section 6, Soffer shall
be responsible for all foes charged by 'Esaow
Agent for ca wallation of the Commitment.
Tide, to ft Subject Property sW be good and
marketable and thrall be frac and claw of all
liens, euctuobsances, easements, assournmts,
resnichont, twmcim (whc0cr recorded or
unrecorded) sad other exceptions to title, mwept
CONTRACT Of MU - 3
the lith of team not yet due and payable, those
easements and r imc iom of record which bave
been approved by Buyer, tad those otba
oxctptions approved in writing by Buyer
("Permitted Exceptions").
(e) Escrow Agent shalt be pertpuW
to obtain from the Tide Company, upon Closing,
an ALTA Owner's Policy of Tide Insurmnce
("fide Pod%cq"), in the amount of the Purchase
Price. insuring that mg kcWbk fX simple title to
the Subject Property is vested in Baia, subject
only to the Per ted Exceptions and the
documents approved and exteuted by the parties
at Closing.
(4) Buyer has determined that the
Subject Property and the Developmm we
(i) free and door of nil Hazardous Iv teriats, as
dodned in Section 12, chid (ii) suitable, in
Buyer's sole opinion, for Buyer's proposed use,
including: wiffim limitation, a de tmM ivation by
Buyer that vehicular access, utility avatlsbilitY,
and the physical condition of tete Subject
property are sacb tW Buyer's proposed
children's day c= facility cm be coats nmd
and operated without Buyer incurring say
extmotdiwy costs.
(g) Buyer shall have obtained a lora
in an amount and upon such tenthts and
conditions which are weegtablo to Buyer m a
rate of less dw 109/6 and a vtoble to the puycr,
in Buyer's sole discredon„ to tihnd the I?tuelhase
Price, or the portion thereof, chaired by Buyer.
(h) AU of Seller's represcntsdions
and warrandes under this Contract shall oot►ftne
to be true card correct as of the date of Closing.
In the event Buyer, at gay t=0 prior to
the expiration of the inspection Pftiod, or any
extaneion thereof as allowed hareuk dooms any
of tbGt conditiots act forth in this Section 6
utr wsficd, Buya may to =Lae Out Coan t
by providing Seiler with writt= notka of
Buyer's election to tftT i= this Contract. In
tbo event of and wMAnation of this C Auwt,
W6 parties shall be released from tttay fmrdter
obligations hercur. der, except for l
achl or contingent, which arose price to the
dam of terminatiour. Any coaringeades in this
Section 6 that are not satia6od or waived dwimg
SENT BY:
T:
PROMED KEYBOARD GROUP; 208 884 4949;
the Inspection Pcn4 or any ate won the=4
shall be deemed waived unless otherwise agreed
upon in writing by tate parties.
..
Buyer shall review and be fiiliy
�bwa exustn78 D"WR ion of Covenanh
which/is of record as govcnn ng the Stoc k%berty
,5-0division and Carol Professional Pix;
0) Buyer is aware that the
Stx o bevy SubdivWon has an catabli%W
Owner's Association which enquires an Wrial
setup fee of $400,00 which AWA be paid by
Buyer at or before closing. In addition, the
Owner's Associad" shall dWP in csffinaWd
quarterly assessment of S350.00 per quarter to
cover the ap►ptnPMW sham of urigation and
oomman I mainte lmee.
7. Extefat9iOg of Inspection Period
In the event Buyer has not satisfied or
waived all of its emlitim at the time of
expiration of the Inspection Period, Bnye shall
have the right to mend the hmpecnon Period for
up to two (2) additional p0rri'ods of thirty (30)
d" each by payinA to the Escrow Agent for
vaeb a densice the turn of ONE THOUSAND
DOLLARS ($1,000) as an extension fee
(" ExteWoa Fere"). Said Exbensiea Fa "I be
deposited by tits Emow Aw eec
No pWT
Of the Externs OO Foe, except for interest acaued
thereon, shalt be refivulaWe to Buyer owept in
the event of Seller's defmtlt hatwider. At the
time of Closimg, an Extm oa F'ae prime s,
and all interest aoarved t6=6% &,hall be applied
to the; Parse Price.
$. Closing
Upon Buyer's wttisfaction mWor waken
of its co adltioms, doting 64 occur within, 15
(15) days after the building pdmit is issued or
the cxpimtioa of the lns mcdon Period, or any
exlerWons thereof ommised by Buyer pnrsgm
to this Contract ("Clang"), Possession passes
to Buyer on Cloning, Prior to Closing, Setter
shall deposit with the Escrow Agent a duty
executed and acknowledged Warranty Deed
ceuve)* the Subject Property and all of
Seller's right, title mad interest in and to all
Omt% alleys and tights -of -way 4acent thtmo
CONTRACT OF SALE - 4
OCT -11-01 1:3OPM; PAGE 5/9
to Buyer, subjoet only to the Pertrtittad
Exceptions, together with instructions to deliver
nerd record the Dead when the Escrow Agent is
in a position to pay the Purchwe Price to Seller.
Atter all of the conditions of Closing as set Earth
in Section 6 but been met or waived and Buyer
has been so adviwd, Buya shall prior to or on
the closing daft deposit the lhnrcheae Not in
cash or by means of wire transfer or certified
tified
check with. the Escrow Agont whit irwtiuctions
to disburse the Purchase Price to Seller upon
tecdrdatiom of Seller's Deed ad insaSwe of the
tide instrra= policy required by Section 6(e),
9. Seetiue 1"S Affidavit
At of prior to Closing, Seller aba11
deliver to Buyer an affidavit in oompliaac:a with
Section 1445 of the Internal Revenue Code
providing Seller's United States Omwer
idattifiudoa number and business oddr+oss and
stating whodw or not Sellar is a "fixr6p
pe rmn" as defined in the Internal Rove are Code
and regulations applicable thereto ("Codes. if
Seiler fails to deliver such affidavit or is a
IMP parson" as defied in the Coda, Buyer
shad be emitted to witMold fto:nn the p=hase
price, and to pay to the intental Rtvcmx
Service, such amounts as are mquued to be
wit Wd by the Code, and Sellar avow to
cooperft,with Buyer errd to ft mish Buyw with
Mb tax fvrtIs lad infatuation as are
reasonably requhv d to insure `Buyer's
compliance with the Code.
10. Costa
Breyer shell pay the cost of ting to
Deed. Any escrow fees asd the Cost of
reeorft any other doountenta recorded at
Closing„ ather than any loan doozmatz re4utred
by Buyees lender, shall be laid equity by bone
parties. Loan docs and costs shalt be' the sole
raponsibitky of the Bayer, Tenets and ntfWas
shall by prorated as of dee time of Closing.
Seller shall pay ttK premium for 6c staadad
eovaage title manna policy mendoned is
Section 6(e). Buyer shall eery the *WkknW
pre Wum for emended coverage tide inastrz=
and any endo:rsemte ru desired by 9uyer.
SENT BY: PROMED KEYBOARD GROUP; 208 884 4949; OCT -1 i_,-01 1:3iPM; PAGE 619
hK._.
11, Brokerage
Seller sad Buyer hereby acknowl*ey
represent and worrut to ettoh otbtr that no
broker or finder has bean employed by either
Seiler Or Btlytx in connection with the sale and
pt rchm transaction contemplated in dus
Contract, exrept for Thornton Oliver Keller
Coamorcial Real >askato (Gary Buentgen)
("broker"), Seller agrees to pay a commission
to the Broker per separate agreeemot
("Commiittaioa"). Tho comminion stall be den
and payable to the Broker only if and when the
We and purchase omwaction couwnplawd. in
this Contract sha11 have ben closed and
wasLunmated. Seder &ad Buyer ouch wanaat to
the oth r that except tbt the Commission no
commisaioms ate payable by Seller or Buyer to
any other brolea or Mender in, eoflneetion with
this CoAhAd or the trwwctiom eontemplatod
herein, and Srller and Buyer agree to indes>inify,
defend, save and hold each other harmless firm
and against Cha paym,emt of any f u6cr
Com missions or fees or claims for comm sslona
or fres by virtue of any acts or actions
undertaken by lea rewctively; it bang
expressly agreed that the foregoing agreement of
indemnification shall expressly survive any
Closing or Closings under this Contzuct.
12. Seller's Representations and
Warranties
(a) Seller represents and warmts
dW Seller has authority to sorer into this
Contract and to grant rise lionise granted in
Section 3 and that Sailor holds markmblc fcc
simple dde to the Subject Property,
(b) Seller fordw represents and
wwwts alt of the feilowittg:
(i) Seller hes no lmowlcdgo
of any "Hazardous Mattaiais" (as hcnaiaaftcr
defined), herring ever been used, produced,
roleased, sror4 trangxmed, dittposed of
gcaaratod. dgxWted or otherwise existing in,
over, uwkc or upon the Subjea Propaty or the
Dwwclopm=i by my paum or catity
whatsoever. The term "Hazardous Materials"
#WI collecdvdy rifer to underground storage
tactics, petroleum and petrotaam pr6dut a,
CaNTRACT OF SALE, 5
asbestos, PCBs, urea.fomuldehyde and guy
hazrdous or toxie subshmoes, pollumu,
oo>xtazanin ts, warns or materials as defined
under ow "Environmemsl Laws." The turn
" Envirow umad Lams" shat] collodvely mfvr
to the Comprexasivc EnvironmwW ReWnsc,
Cotnpewanion and Liability Act of 1480
("CERCLV), The Toxic Substmwes Cowol
Act, the Clean 'Wsw Act 33 U.S.C.
f 1251.1387, rho Resoum Conservation and
Recvvcry Act as amwled ("ROW), or any
other similar federal, scare or local lave, rale or
regulation rcgx t q Hattsrdons Materials
togOher with all rules and regulations
pitomulgated dwowuterr end all wooWnwgs
theres4.
(u) Sella, ttnd to Seller's
knowhcrlgc, all other prions or entities who
have etcupied or are occupying the Subjw
Property and/or the Devebpment, or sag+ portion
tbaeoC have, at all times, fully oompW with
all Eavu0 meatal Law's and all other laws, rules
and regulaaoas (coll"dvely, "Lane's as well ea
All petmits, l icansev, oti tis and wrovals
relating to the development and use of the
Subject Property and the Development
(collectively, "Pew=ib"). To Seller's
lmowledgc, (A) no notice of violstion of oAy
Eavuonntcaml Law or any other IAw (and no
complaint, order, &tcdvet, Claim, edea or
notice relating to tory Euviromnow /raw or
othcar Law) has been terrad with respect to tlae
Subject Property or the Development, and (B)
no notice of noncompliance with any Pwnit
relating to the development of use of tho Subject
Property of the Development tuts been iswA
(iii) There are no pending
actions against Seller (or to Sella's knovvledse,
against any other pa sm or entity) vwhXh, relate
to the condition or tuo of the SuWed Ps avety or
the Development and Seiler hat no lmowlodga
of any fads or circumsan= which could give
rise to such action. Without limidq die
foMom& there are no pending or ftcatpuod
oondemnoon procacd p which could sffod
all or any portion of the Developtt or the
performance by Seller of my of;tut obligatiow.
M fix* M this Contract.
(c) Seller has received no written
nodticadon of any change co ntemplateid in tiny
SENT 8Y: PROMED KEYBOARD GROUP; 208 884 4949; OCT -01 1:32PM; PAGE 7/9
applicable, laws, ordnances or restrictious, of
any judicial or administrative acAon, or ally
action by 4aetat landowners or natures or
ariiiiaial oonditions upon the Subject Pc oMW
which would ptolu'bit the prop" from being
developed as a cWdM's day we facility as
desired by Buyer.
The (epresentai:ioas and warranties set
fortis in this Sccfion 12 shall constituto
continuing repnsentafions and wuraaties and
shall be dead to ba true and evrrcct as of the
dare of Clem% of BUM'S purchase of the
Subject property. Sellar agrees to iradeMA*,
defend and hold harmless Buyer f m and
against my and all Haboide% claittts, suits,
j'r % damsges, ftpm$ft, lasts,
diminudon in value, fps, patalties, Tinos and
costs (including, without lin-itatiem, maaonsble
attorneys' fees and rownable anomcy4' fees on
MY appftl .iudpwus. prowdittgs and callus
of action of any ,kind whatsoever, arising out of
Of in amY way conuec'ted with Seller's bre=h of
the Mfesattatiens and we rides sat forth in
this Section 12,
13. Condemnation
Should any entity having the power of
condetnaadon bring an notion or otherwise
indicate an intent prior to the, time of Closing to
acquire all or mY pion oC or any in1?rest in,
the Subject PropcM, Buyer, at Buyer's sole
Option, may #deet either (i) to Wminste Buyer's
Obligation to purchase the Subject Property by
giving written notice to Sellar' at &ny time prior
to the time of Closing. or (Ii) to a mplote the
purrhaso of the Subjoa Property with Seller
irmnodiately aplroiP* Buyer its
attorney-in-fact to negotiate with said
condom-dut wdty as to its interest in the
Subject Property and astigaing to Buyer all
amounts to be awarded for the Subject Property.
Seller agrees to provide Buyer, within tea (10)
days after Seller's receipt of same but in no
event later dm the time of Closing, written,
notice of any &dial or tbreatacited coudcmnsdon
proceeding.
CONTRACT OF SALE - 6
14. succemon
This Contract shag be binding on, the
heirs, succeesers, assigns amd personal
rgwc=t4vos of the parties hereto,
15. Attorneys' Fees
' In the event either party midarea or
defends unry legal scoot or procaWing in nay
way connected with this Contract, the prevailing
" in my such "on or proceeding (m
addition to any odter relief which maty be
grnntod, whedtor k9W or equitable}, shall be
entitled to fecover from the iosing party is any
such UAM irtx rew=61c oom and attorneys'
fans 00011409 without limiWfipn, its reaww&e
costs and attomcys' fool on any appeal). All
crouch costs and attorneys' fees shall be donned to
have aurued on commaxemmt of any legal
action or procading and shall be enforceable
whether of not such leW action or procooding is
prosecuted to judgment.
16. Default
(a) Neither pang shall be dinned to
be in dafault of this Contract owept open the
dViration of thirty (30) days (ten (101 days in
the event of failure to pay money) from receipt
of written notice from the other- party specifying
the particulars in which such ptrty has Failed to
perform its obligations • under this Contract
unlet such patty, prior to a q&adm of said
thirty (30) day period (ten (101 days in the evM
Of failure to pay moray), lata r adfi6d the
partioulars speei6ed in said notice of ddw*.
(b) lu the event Buyer d4uh or
breaches this Contract, Sayer and Seller agroe
that the darnacgo to Seller beck of such dofeult
or breach would be escMcmely costly, diffcuit
and inconvenient to ascertain and therefore in
the evert of Buyer's default or breach, tike
amount of the Earnest Money Deposit, bat .nor
the accrued Wz rast� together with any incursion
Fee paymetuS. having acarally been deposited
into ac:row, but not tltr4 accrued interest, or
rele&seci to Seller at the time of Buyer's detitiult
or breach is a reasonable "Otwte of else
dmnaga that the Sellar would inert. Bayer and
Salla agr+oe that the paywo)t and delivery of
SENT BY
PROMED KEYBOARD GROUP; 208 884 4949;
W& amount to Seller shall be the sole remedy
of Sallcr in the avant of Buyer's dd4Wt or
breach of this Contract.
(c) In the event of Seller's defmih
or b=6 of this Contract, Buyer ma sock
spetifia perfetmance of this Contrsd as its sole
arid exclusive remedy.
1.7. Notim
(a) All notices given purs=t to
this Coetraet &hail be in writing and shall be
given by personal sarviae, by United States mail
or by United Stas oVmss mail or other
established express delivery service (such as
Fe doral EVW), postage or dolivtay charge
prcpa4 rmm receipt roquested, or by facsimile
(provided, however, tW flim same notice will
also be promptly sent by at least one other
means allowed by this Co: ftW) addressed to the
aroPriam party at fire address set forth below:
Seller: Propelocss West, Inc.
1401 Shoreline Dr.
Boise, Idaho 83701
AttaWon: Jon Barnes
Fax: (208)345-7028
Buyer: Monvand Entcroscs, LLC
875 W. Franklin Road
McridiW ID 83642
Attention: Hootan Shmiat
Fax, (208) 8844949
Tile parson sad address to whieb notioes are to
be given may be changed at any time by any
party upon wriuen notice to the other patty. An
notices given ptusttmtt to this Couft= &bail be
deemed given upon receipt,
(b) For the purpose of this Contract,
the teem "receipt'' ehall mean dace culler of any
of the following: (i) the date of delivery of the
nt 6dce or other docnmoat to the address specified
pursuant to subparagraph (a) aWve as shown on
the rewn rcccipt, (ii) the daft of acetal receipt
of the notice or other docmoent by the pwm or
eu f ty apocified pursuant to subpwagrep'h (ac)
above, or (W) In the cav of refusal to accept
delivery or inability to deliver the notice or other
&w=est, the cerlut of (A) the date of the
,aktempted delivery or refinal to aoca% delivery.
CONTRACT OF SALP- - 7
OCT -i -01 1:33PM; PAGE B/9
(B) the date of the poslmuk on the return
receipt, or (C)the dale of receipt of notice of
refusal or nodce of uondclim by the ceding
party. In the caro of notice sent via facdmile,
assuming flue serine notice was also prompdy
sent by at tease one od= r-mta allowed
pursuant to this Contend, "receipt" shall mean
the day that the notice was scut if the mading
wag within business hours, or the first bujium
day next following the aesid q if such smilmg
was not during business hours.
19. Captiana and &2diags
17te captions wd headings in this
Contract aro for mfa=ce amly and eltalt not be
doomed to define or limit the scope or intent of
any of dw tis, covenants, conditions or
agreements oontained herein.
19. Entire Agrexment
This C anct conn ns the cmd=
agreement betwom the pardes horet+a tend
supersedes ail prior agreements, oral or wsittan,
with respect to the subjea maw hnt f' TU
provisions of this Ca huh shall be construed as
a whole emd not strictly for or against any pasty.
20. Construction
In oonstruing the provisions of flus
Contract and whenever the content so regturm
the use of a gender shall iaolnde all odw
genders, the use of the sicngu w shall include the
planed, and tate use of tho plural shall invludo the
singul�.
21. Joint *ad Several Obliations
In the event any Party hereto is
catmpvsod of axon than one person, tare
obligations of said patty shall be joint and
several.
22. Coanterparts
This Co*uw may be executed in
couaterpom each of which shall be deemed an
origuml m>d al! of Wbich shall oonatitm a Adagio
inatxuntent, and sbAl . be cf xtive ttpoa
SENT BY:
PROMED KEYBOARD GROUP; 208 884 4949;
mecution of one of mora of Such counterpam
?Y a wh of the parties h=0.
13. Time Period Computation
AU time pcnods in this Con= shall be
Seemed to refer to calendar days unless the dmo
wnod spec &A4 referenda business days;
iovided that if the last date on which to par&nn
aY act or give any notice under this Contract
hall W on a Saturday, Sunday or 1oc81, gde or
agonal holidny, such act or nodoe shat( bo
lammed tamely if pofomuW or given oR the next
aw=ding business day.
A. Binding Contract
This Contract, shall not be binning or
uforceablo until both parties hatvo Nly
xecuted this Coattract and have delivered to
golf other sa O4nd counterpart of fts
;onvw fdly executed by the delivering party.
14.A. a- 441A o44wv
OCT-11-Oi 1:34PM; PAGE 919
23. Survivai
All of the twem=ans and wuras'tdes
set forth in dh x Coa tact shall constitute
cvnOuwng mprcscatations and wttzrsadM "
be dmx4 to be mttc and cwca as of the dee
Of Closing of SWWS ptnMbase of the Subject
Property from Selkr, and shall (sloug with all
indemnification, defense and hold hamil&a
obligations related thttvto) survive the Closing
of Buyer's purchase of the Subject Property.
26. Governing law
Time is of the essence of this Cont v4.
This Conmw wW be coamted and Watpreted
in aco x4mcc with the laws of the on of ldabo.
27. No TWO party lkud ciiiry Rights
'ibis Cotnract is not intended to areste,
nor shell it in any way be inteap*ad or
=shied to create, any third party bawfiomy
sights m any person not a party haute unk=
otherwise oxpresaly provided homia
EXECUTED as of tate date i'trst above written.
SELLER:
Pfopertits West, Inc,,
al
0
EXECUTED as of the date first above written.
ist of Exhibits
KWbit "A„ - Legal Description
Khibit "b-1" - Plat
:)NTRACT OP SALE - 8
BUYER:
Monvand Enterprises, LLC,
an Idaho limited liability company
.rir
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MENEM MM..23 ul
larry r. knupp
architect • planner n.c.a.r.b. certified
November 15, 2001
CITY OF MERIDIAN
PLANNING and ZONING DEPT.
660 EAST WATERTOWER LANE
SUITE 202
MERIDIAN, ID. 83642
RE: DREAMLAND EDUCATIONAL CENTER
At NORTH STOKESBERRY PLACE
To Whom It May Concern,
Al 0 v 2 8 2001
IuDLAN
ZONJIN r
We submit for your conditional use approval the above referenced project. The project
consists of a 6,695 square foot building on approximately three-quarters of an acre. This
building will be for the purpose of facilitating a Daycare Center.
The building design will be compatible with other buildings that are planned for this
subdivision. Materials for the structure consists of architectural grade asphalt shingle
roofing, metal wrapped fascia with gutter, exterior walls of stucco with a color
combination. The dccor will be pleasant and somewhat whimsical in staying with its
function.
We feel that the location for this facility is appropriate with its surroundings. The center
will provide support for the area and the community.
Should you have any questions regarding this submittal, please don't hesitate to contact
US.
S RELY,
Oscar E. Saavedra
Planner — Designer
OES:jck,
Cc: File
355 South 3rd Street Boise Idaho 83702 2os 336-1419 Fax Zoe 343-2247
Iknopp@micron.net
Address
Phone:
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All claims andreturned goods MUST be accompanied by this bill.
TAX
0013856 Received
BY
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City of Wridittn
Conditional Use Permit
Application Checklist
(Incomplete ppplieallom will not he processed)
Applicant
Submittal Date:_! / I
Project/Subdivision;
Application Completion Date: /� 1 bearing Date:
For Office Use ()nly
P&Z/CC.
Item
hlU. ��t�sx: • . .
Ctamum►�ats .�
1. COITt later and signed Coiidltlona�l
Use Application
2. Logal descriptio, n
3. Warra
Wntydeed _
4. Nptarized consent of prpTyn s
5. One (1) M of a vicinity ma 1 "--300'
6. Site plan (engineer scale of not less than 1"=50') - 30 folded copies
a.1-8 ildin locations
b. Parking and loadinS areas._
-
c. Traffic access drives
:
d. '176ffic circulation patterns
/commons
e. aces
f; Rofuse & service areas
k,. Utilities plan, htcludin :
- Sewer
Water
Irrigation
-
- Storm drainage
h. Signage ('runnber, location, overall dimensions elevatio►ty ptgy rrec4 not required)
7. Tqn (] 0) capias of a landscape plan in compliance with the Landscape
t)rdinance
$ If planned Development, colored rendering showing completed development
ingludin at least the follows -
a. - Architectural style and'building design
b. - - Building materials and�color
Landscaping.,
Screenin
e. - Garba a areas
f, Parkin�
- U s ace
9.a. Huildin elevations 11x17 `.'.- one co _
- T
b. Construction materials
10. 8YP x l P reduction of site plan
11. Lit of ProverW owners within 300'
1.2, Characteristics of pTpeqy that make conditional use desirabie— —_
6 Rev 06 1 �5 01
7 Rtw. 06,15-,0/
CUP application fee - $2. -.00
Planned DevelopMent. fee.
13,
Lm than I acre: $400.00
Over I acre- $400.00 + $15 for each additional acre
Milling fee - $0.34 per notice for each mailing. All zones other than Old
Tcwn, Commercial and Indostrial require two mailings
14.
Additional services statement
15.,
Property posting affidavit .
16,
......
A notarized statement that the, property was posted (to be submitted after posting)
PW4M Aubmit a notarized statement fbr "%h public hearing,
7 Rtw. 06,15-,0/