HomeMy WebLinkAboutDreamland Education Center 2MAYOR
Robert D. Come
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
April 2, 2002
NUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
Oscar Saavedra
Monvand Enterprises, LLC
875 West Franklin Rd.
Meridian, ID 83642
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 • Fax 888-6854
RE: CUP -01-042 Dreamland Education Center
Findings and Order Granting Conditional Use Permit Subject to
Conditions
Dear Mr. Saavedra,
Enclosed you will find a copy of the above mentioned document as regards your
project pending with the City of Meridian.
Please feel free to contact our office with any questions.
Sincerely,
Sharon Smith
Deputy City Clerk
Enc.
March 15, 2002 CUP 01-042
MERIDIAN CITY COUNCIL MEETING March 19, 2002
APPLICANT -Monvand Enterprises, LLC ITEM NO.
REQUEST Findings -- Request for a Conditional Use Permit for a Building Structure to be used
as a Daycare Center in an L-0 zone for Dreamland Education Center -- south of East Leslie Drive
and west of North Eagle Road
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY See attached Findings
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH: ilb�
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
012
Contacted:VL Date: Phone:
Materials presented at public meetings shall become property of the City of Meridian.
interoffice
MEMORANDUM
1
To: William G. Berg, Jr.
From: Wm. F. Nichols
Subject: Monvand En erprises, LLC / Dreamland Education Center
File No.: CUP -01-042
Date: March 11, 2002
Will:
v C, 11,15' -,Nlerldiwza
Please find attached the original FINDINGS OF FACT
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of
the Council at their March 5, 2002, meeting. The Findings will be on the Council's
agenda for their March 19, 2002, meeting.
I have also attached the original of the ORDER OF CONDITIONAL
APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the
FINDINGS.
Please serve copies of both documents upon the Applicant, Planning and
Zoning, Public Works Department and the City Attorney.
If you have any questions please advise.
Z:\Work\NI\Meridian\Meridian 15360N1\Dreamland Education Cntr CLJPOI-042\ClerlcMemoCUPffclsandOrder.doc
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the
hour of 6:30 p.m. on March 5, 2002, for the purpose of reviewing and considering the
application of Monvand Enterprises, LLC for a Conditional Use Permit for a Building
Structure to be used as a Daycare Center in an L-0 zone for Dreamland Education
Center generally located south of East Leslie Drive and west of North Eagle Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during
regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing, and the public is welcome and invited to
submit testimony. Oral testimony may be limited to three (3) minutes per person.
Written materials may be submitted seven (7) days prior to the above hearing date so
that all interested parties may examine them prior to the hearing. All materials
presented at public meetings shall become property of the City of Meridian. Anyone
desiring accommodation for disabilities related to documents and/or hearings, please
contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting.
DATED 11 t" of February, 2002
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WILLIAM G. BERG, JR., ERK
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March 1, 2002
CUP 01-042
MERIDIAN CITY COUNCIL MEETING March 5, 2002
APPLICANT Monvand Enterprises, LLC ITEM NO.
REQUEST Public Hearing — Request for a Conditional Use Permit for a Building Structure to be
used as a Daycare Center in an L-0 zone for Dreamland Education Center — south of East Leslie
Drive and west of North Eagle Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT;
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
acv
COMMENTS
See attached P&Z Item Packet
See attached Recommendations
011--
Date• Phone:
Materials presented at public meetings shall become property of the City of Meridian.
C
DATE 5 -Mar -02
FROJECT NUMBER CUP 01-042
PROJECT DAME Dreamland Education Center
� HITE PETERSON
WHITE, PETERSON, MoRRow, GIGRAY, RossMAN, NYE & ROSSMAN, P.A.
KEVIN E. DINIUS
PHILIP A. PETERSON
JULIE KLEIN FISCHER
ERICA S. PHILLIPS
WM. F. GIORAY, In
ERIC S. ROssMAN
T. GUY HALLAM*
TODD A. ROSSMAN
D. SAMUEL JOHNSON
DAVID M. SwARTLEY
LARRY D. MOORE
PAMELA J. TARLow
WILLIAM & MORROW
TERRENCE R. WHITE**
WILLIAM F. NICHOLS*
NICHOLAS L. WOLLEI
CHRISTOPHER S. NYE
*Also admitted in OR
** Also admitted in WA
To: Staff
A pplicant
Affected Property Owner(s)
ATTORNEYS AT LAW
830 E. FIRST ST., SUITE 200
POST OFFICE BOXI 150
MERIDIAN, IDAHO 83680-1150
TEL (208)288-2499
FAx (208) 288*2501 E-MAn.:DMS®whitepeterson.rom
February 13, 2002
Re: Application Case No. CUP -01-042
NAMPA OFFICE
5700 E, FRANKLIN RD., sTE. 200
NAMPA IDAHO 83687.8402
TEL.208) 466-9272
FAX( 08) 466-0405
PLEASE REPLY TO
MERIDIAN OFFICE
a
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^..,._ . €
EB 111 229f)"2,'
U1 Aler-1, I an
,kI r tic
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING
COMMISSION
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findings and Recommendations of the Planning and Zoning
Commission shall be presented to the City Council at the public hearing on the above referenced
matter by the Planning and Zoning Administrator. Due to the volume of matters which the City
Council must decide, and to insure your position is understood and clear, it is important to have
a consistent format by which matters are presented at the public hearings before the City
Council.
The City Council strongly recommends:
I . That you take time to carefully review the Findings and Recommendations
of the Planning and Zoning Commission, and be prepared to state your
position on this application by addressing the Findings and
Recommendations of the Planning and Zoning Commission; and
2. That you carefullyy complete (be sure it is le ible) the Position
Statement if you disa ree with the Findings an Recommendations
of the Planning and Zoning Commission. The Position Statement
form for this application is available at the City Clerk's office.
It is recommended that you reppare a Position Statement and deliver it to the
City Cleric prior to the hearing, if possible. if that is not possible, please present your Position
Statement to the City Council at the hearing, along with eight (8) copies. The copies will be
presented to the Mayor, Council, Planning and Zoning Administrator, Public Worlcs and the
City Attorney. If you are a part of a group, it is strongly recommended that one Position
Statement be filled out for the group, which can be signed by the representative for the group.
Very ly yours,
City Attorney's Office
Iyi
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE ) Case No. CUP - 01-042
REQUEST CONDITIONAL USE )
PERMIT FOR A 120 CHILD CHILD ) RECOMMENDATION TO CITY
CARE CENTER IN A L -O ZONE ) COUNCIL,
MONVAND ENTERPRISES, LLC )
Applicant
1. The property is located within the Stokesberry Subdivision, on the west side of
Eagle Road approximately '/Z a mile north of Fairview Avenue.
2. The owner of record of the subject property is Monvand Enterprises, LLC of
Meridian.
3. Applicant is owner of record.
4. 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.
The applicant requests the 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).
6. The Meridian Planning and Zoning Commission recognizes that the proposed
application is in compliance with the Meridian Comprehensive Plan.
7. The use proposed which is the subject of this will, in fact, constitute a conditional
use as determined by City policy.
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the requested conditional use permit as
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
THF. PRnPnCFJ) nRFAMT.ANn RMTf ATTnN f FNTFR A CT-M.P rARF r'P.NTF,R - - Nat- 1
requested by the applicant for the property described in the application, subject to the
following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Sanitary sewer and water to this facility would 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) will not have any sanitary sewer and water services, as
those intended for Lot 7 will be inside the Dreamland parcel. Provisions should 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 would 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
should be recorded for the common driveway/parking area.
3. A lot line adjustment must 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. must 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
review upon ten (10) days notice to the applicant.
CONDITIONAL USE GENERAL REQUIREMENTS
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
THF. PROPnRF.T) T)RF.AMT.ANn F.1)TTC'.ATTCIN C'F.NTTF.R A C'HTT T) ('.ARF. f F.NTF.R - - Pao -P
1, Off-street parking shall be provided in accordance with Section 11-13-5 of the City
of Meridian Zoning and Development Ordinance,
2. 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.
3. 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.
4. 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.
5. 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.
6. All signage shall be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance.
7. All construction shall conform to the requirements of the Americans with
Disabilities Act.
8. In accordance with City Ordinance 11-13-4.B.2., underground year-round
pressurized irrigation must be provided to all landscape areas on site. Please 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.
8. If the start of construction has not been initiated within 18 months from the
approval of the Conditional Use Permit the permit will 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:
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
THF. PROPOWT) TYRFAMT. ANT) FT)TT(" ATMN CF.NTF.R A CT-m,Tl CARF. (FNTF.R - - P»aP 1
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.
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.
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.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
TNF. PR f1MWT) T) -RP . AMT. AND F.T)T Tr ATTow f F.NTFR A C T -m .T) rARF. (F.NTF.R _ - PROP. 4
CUP 01-042
MERIDIAN PLANNING & ZONING MEETING February 7, 2002
APPLICANT Monvand Enterprises, LLC ITEM NO. 4
REQUEST Public Hearing -- Request for a Conditional Use Permit for a Building Structure to be
used as a Daycare Center in an L -O zone for Dreamland Education Center -- south of East Leslie
Drive and west of North Eagle Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
COMMENTS
See attached comments
CITY BUILDING DEPT:
CITY WATER DEPT: No Comment
CITY SEWER DEPT: No Comment
SANITARY SERVICE: See Attached Comments
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT: See Attached Comments
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION: See Attached Comments
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
OTHER: See attached comment from Idaho Transaporta-
Contacted: ' A(AA/P 'r1k J Date: 2 --
Materials presented at public meetings shall become
Phone:
of the City of Meridian.
12/27/2001 09:10
MAYOR
Robert D. Come
n.
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie ,McCandless
2088885052 SANITARY SERVICE
HUB OF TREAS!/RE VALLEY
A Good Place to Live
CITY OF ME.1ZIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888.4433 - Fax (208) 887.4813
City Clerk Office Fttx (208) 888-4218
PAGE 03
LEGAL DEPARTMENT
(208) 188-12499, Fax 268-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887.2211 - Fax 887.1�97
PLANNING AND ZONING
DEPARTMENT
(208) 88-1•5533 - Fax 888.6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian planning
„. and Zoning Commission, pleest3 subrrilt your comments and recommendations to Meridian City Clerk's office
Attn: Will Berg, City Clerk, by: J�
Transmittal Date, December 10,
Fife No,: CUFF 01-042
Request: Conditional Use Perini
Center in an[ -6 zone
a1, 2002
a Su
By: Monvand Enterinds; LIC
Location of Property or Project: .south of East
Hearing Date: February 7, 2002
Structure to be used as a Daycare
:ducation Center
Drive and west of North Eagle Road
DEC 2? '01 09:09 PRRRRRS6IS�:) On= raj
_ Sally Norton, P/Z (No VAR, VAC, FP)
-:
Jerry Centers, P/Z (No VAR, VAC, FP)
Meridian School District (No FP)
Meridian Post Office
Bill Nary, p/Z (No VAR, VAC. FP)
(FPRP only)
Ada County Highway District
Keven Shreeve, P/Z (No VAR, VAC, FP) -...".Community
Keith Borup, P/Z
Community Planning Assoc.
^�
(oro VAR, vAc; FP)
Robert Corrie, Mayor
Central District Health
Ron Anderson, C/C
Nampa Meridian brig, District
Tammy deWeerd, C/C
Settlers Irrigation District
Keith Bird, C/C
Idaho Power Co, (FP/PP ow
Cherie McCandless, C/C ��
U.S. West (FPiPP only)
Water Department
Intermountain Gas (FP/PP ony)
Sewer Department
Bureau of Reclamation (FPrnP only)
"
Sanitary Service (No VAR, vAc,:FP)
Idaho Transportation Department (No FP)
Building Department Your Concise Remarks:
Ada Count Y (Annexutlon Dory)
Fire Department
-T 1�, t�� I.
_vw1,i
Police Department " n
City Attorney
City Engineer
City Planner
Paries Department
m
-1 hFu
C (�fe
DEC 2? '01 09:09 PRRRRRS6IS�:) On= raj
December 18, 2001
Meridian Planning & Zoning Commission
SUBJECT: Building Structure to be used as a Daycare East Leslie Dr. & North Eagle Rd.
File- CUP 01-042
The following are the requirements to provide minimum fire protection:
1. The facility will have to have to meet the State Fire Marshal's standards for family day care
facility. The Meridian Fire Department will conduct an inspection using this standard
2. Address posted in 6" numbers on the front of the building.
Sincerely,
r.
)x),fnit'
Joseph S. Iva
Deputy Fire Chief
Fire Prevention
Test Smoke Detectors Monthly
Joseph Silva
•
Deputy Chief
Meridian Fire Department
•
540 E. Franklin Rd.
Meridian, Id 83642
•
(208)888-1234
Fax (208)895-0390
Meridian Fire De"artment
December 18, 2001
Meridian Planning & Zoning Commission
SUBJECT: Building Structure to be used as a Daycare East Leslie Dr. & North Eagle Rd.
File- CUP 01-042
The following are the requirements to provide minimum fire protection:
1. The facility will have to have to meet the State Fire Marshal's standards for family day care
facility. The Meridian Fire Department will conduct an inspection using this standard
2. Address posted in 6" numbers on the front of the building.
Sincerely,
r.
)x),fnit'
Joseph S. Iva
Deputy Fire Chief
Fire Prevention
Test Smoke Detectors Monthly
HUB OF TREASURE VALLEY
MAYOR
A Good Place to Live
LEGAL DEPARTMENT
Robert D. Corrie
(208) 288-2499 • Fax 288-2501
CITY OF MERIDIAN
PUBLIC WORKS
CITY COUNCIL MEMBERS
BUILDING DEPARTMENT
Ron Anderson
33 EAST IDAHO
(208) 887-2211 •Fax 887-1297
Keith Bird
MERIDIAN, IDAHO 83642
Tamm deWeerd
Tammy
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
City Clerk Office Fax (208) 888-4218
DEPARTMENT
Cherie McCandless
(208) 884-5533 • Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: January 31, 2002
Transmittal Date: December 10, 2001 Hearing Date: February 7, 2002
File No.: CUP 01-042
Request: Conditional Use Permit for a Building Structure to be used as a Daycare
Center in an L -O zone for Dreamland Education Center
By: Monvand Enterprises, LLC
Location of Property or Project: south of East Leslie Drive and west of North Eagle Road
Sally Norton, P/Z (No VAR, VAC, FP)
Jerry Centers, P/Z (No VAR, VAc, FP)
Bill Nary, P/Z (No VAR, VAC, FP)
Keven Shreeve, P/Z (No VAR, VAC, FP)
Keith Borup, P/Z (No VAR, VAC, FP)
Robert Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
— Sewer Department
Sanitary Service (No VAR, VAC, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
DEC12 i
� is
ofd V,
ntv
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP only)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP only)
U.S. West (FP/PPonly)
Intermountain Gas (FP/PPonly)
Bureau of Reclamation (FP/PP only)
Idaho Transportation Department (No FP)
Ada County (Annexation only)
oeni by: Meridian P&Z;
To: City Clerk
At: 8884218 888 6854; Dec -14-01 1:02PM; page 1/1
TRANSPORTATION T)PT)A'PrP1%4rTTFV
pfsrmcl.a - P.O. BOX 6028 POISE, ID 80707-2028 (208) 034.8300
December 13, 2001
R
W j
Meridian Planning and Zoning Commission
City bf Meridian DEC 1 -4 200-1,
660 t. Watertower Suite202
Meridian, Idaho 83642 CityOfyfenjdiaya
city cj'w
Of
k
Re, UP- 01-042 Monvand Enterprises LLC Daycare on Eagle Rd,
Dearl,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 wi I I be
rcqui�red from the state. We *Would like for you to inform the applicant that Eagle Rd. is a high
volu>�ne facility with high speed traffic. I.T.D. will not be lowering the speed limit nor
consfi-ucting 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
4"
DistAct Traffic Engineer
DC:LDS,Ids
DEC 14 '01 1303
- An Equal Opportunity Employer -
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: January 31, 2002
Transmittal Date: December 10, 2001 Hearing Date: February 7, 2002
File No.: CUP 01-042
Request: Conditional Use Permit for a Building Structure to be used as a Daycare
Center in an L-0 zone for Dreamland Education Center
By: Monvand Enterprises, LLC
Location of Property or Project: south of East Leslie Drive and west of North Eagle Road
Sally Norton, P/Z (No VAR, VAC, FP)
HUB OF TREASURE VALLEY
Jerry Centers, P/Z (No VAR, vac, FP)
MAYOR
A Good Place to Live
LEGAL DEPARTMENT
Robert D. Corrie
Community Planning Assoc.
(�:.08) 288-2499 - Fax 288-2501
Central District Health
CITY OF MERIDIAN
PUBLIC WORKS
CITY COUNCIL MEMBERS
Settlers Irrigation District
Tammy deWeerd, C/C
Ron Anderson
33 EAST IDAHO
BUILDING DEPARTMENT
Cherie McCandless, C/C
Intermountain Gas (FP/PP only)
(208) 887-2211 - Fax 887-1297
Keith Bird
MERIDIAN, IDAHO 83642
Idaho Transportation Department (No FP)
Tammy deWeerd
(208) 888-4433 - F.ax (208) 887-4813
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) 888-4218
DEPARTMENT
(208) 884-5533 - Fax 888-6854
TRANSMITTALS
TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: January 31, 2002
Transmittal Date: December 10, 2001 Hearing Date: February 7, 2002
File No.: CUP 01-042
Request: Conditional Use Permit for a Building Structure to be used as a Daycare
Center in an L-0 zone for Dreamland Education Center
By: Monvand Enterprises, LLC
Location of Property or Project: south of East Leslie Drive and west of North Eagle Road
Sally Norton, P/Z (No VAR, VAC, FP)
Meridian School District (No FP)
Jerry Centers, P/Z (No VAR, vac, FP)
Meridian Post Office (FP/PP only)
Bill Nary, P/Z (No VAR, vac, FP) '
Ada County Highway District
Keven Shreeve, P/Z (No vAR, vAc, FP)
Community Planning Assoc.
Keith Borup, P/Z (No VAR, vAc, FP)
Central District Health
Robert Come, Mayor
Nampa Meridian brig. District
Ron Anderson, C/C
Settlers Irrigation District
Tammy deWeerd, C/C
Idaho Power Co. (FP/PP only)
Keith Bind, C/C
U.S. West (FP/PPonty)
Cherie McCandless, C/C
Intermountain Gas (FP/PP only)
✓ Water Department
Bureau of Reclamation (FPiPP only)
Sewer Department
Idaho Transportation Department (No FP)
Sanitary Service (No vAR, vAc, FP)
Ada County (Annexation only)
Building Department Your Concise Remarks:
jno %'?ejyg4e0 /•2-1.3-61
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
i
RECEIVED
DEC3 200
Citi of meridipla
December 13, 2001
Will Berg, City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
0E 1 �1Y"
City o eridi=;rd
City Clerk 0, 0 . ,.
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Re: CUP 01-042 Dreamland Education Center
Dear Commissioners:
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
All storm drainage must be retained on site, if any storm drainage leaves the site a Land
Use Change application will be required by the Nampa & Meridian Irrigation District.
Sincerely,
Bill Ifenson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH: din
C: File — Shop
File — Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
CHD
Ada County Highway District
Judy Peavey -Derr, President
'— sio tast on aueet
Garden City ID 83714-6499
Dave Bivens. 1 st Vice President
Phone 1208) 387-6100
Sherry R. Huber, 2nd Vice President
7-6391
FAX (CH 38a.id.0
Susan S. Eastlake. Commissioner
E-mail- tellus@ACHD.ada.id.us
David E. Wynkoop, Commissioner
December 20, 2001
TO: Lary Knopp
355 S. 3rd Street
Boise, Idaho 83702
SUBJECT: MCUPOI -042
Daycare
s/o E. Leslie Drive, w/o N. Eagle Road
IVE'l .
rl"!
City of Merid, i a
l.tY C 3erry`t% 0ffiC(4
On April 12, 2000, the Ada County Highway District Commissioners acted on Carol Professional Center. The
conditions and requirements also apply to MCUPOI-042.
If you have any questions, please feel free to contact this office at (208) 387-6170.
Sincerely,
Development Analyst
Planning & Development
Ce: Planning= & Development/Chron/Project File
Planning= & Development Services City of Meridian
Construction Services
Drainage/Utilities
Acla Coun1VJ1iV4waV oUL61!^LC�
Judy Peavey -Derr, President
318 East 37th Street
Dave Bivens, Vice President
Garden City, Idaho 83714-6499
Marlyss Meyer, Secretary
Phone (208) 387-6100
Sherry R. Huber, Commissioner
Fax (208) 387-6391
Susan S. Eastlake, Commissioner
E-mail: tellus@achd.ada.id.us
May 15, 2000
TO: Jon L. Barnes
Properties West, Inc.
1401 Shoreline Dr.
Boise, ID 83702
FROM: Steve Arnold, Principal Development Analyst
Planning & Development
SUBJECT: Preliminary Plat: Carol Professional Center/
MPP -00-007/M C U P-00-020/ MAZ-00-007
Eagle Road between Fairview and Ustick
On April 12, 2000, the Commissioners of the Ada County Highway District (hereafter called
"District") took action on the preliminary Plat as stated on the attached staff report.
In order that the Final Plat may be considered by the District for acceptance, the Developer shall
cause the following applicable standard conditions to be satisfied prior to District certification and
endorsement:
1. Drainage plans shall be submitted and subject to review and approval by the
District.
2. If public street improvements are required: Prior to any construction within the
existing or proposed public right-of-way, the following shall be submitted and subject
to review and approval by the District.
a. Three complete sets of detailed street construction drawings prepared by an
Idaho registered professional Engineer.
b. Execute and Inspection Agreement between the Developer and the District
together with initial payment deposit for inspection and/or testing services.
C. Complete all street improvements to the satisfaction of the District, or
execute a Surety Agreement between the Developer and the District to
guarantee the completion of the construction of all required street
improvements.
3. Furnish a copy of the Final Plat showing street names as approved by the Local
Government Agency having such authority to ether with the .payment of fee
charged for the manufacturing and installation of all street signs.
2
4. If Public Right -of -Way Trust Fund deposit is required, make the deposit to the
District in the form of cash or cashier's check for the amount specified by the
District.
5. Furnish easements, agreements and all other datum or documents as required by
the District.
6. Furnish Final Plat drawings together with the plat and plan review fees for District
acceptance and endorsement. The final plat must contain the signed endorsement
of the Owner and the Land Surveyor's certification.
7. All of the material must be submitted to District staff two -weeks prior to Commission
review of the final plat.
8. Approval of the plat is valid for one year. The Commission will consider an extension
of one year if requested within 15 -days prior to the expiration date.
Please contact me at (208) 387-6170, should you have any questions.
Cc: Planning & Development Chron/File
Planning & Development Services -City of Meridian
Construction Services — John Edney
Drainage- Chuck Rinaldi
Gary A. Lee, P.E./L.S.
J -U -B Engineers, Inc.
250 S. Beechwood, #201
Boise, ID 83709
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 constricting 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 Study, 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 constricting 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 full -access intersection. The intersections will be restricted to right -
ii -/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 constrict 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 constrict 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 frill 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 future development of this parcel.
CAROL.CNiM
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. Constrict 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 frill width to
a point 30 -feet beyond the edge of pavement of the commercial street.
9. Constrict 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:
A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made in writing to the ACHD 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
specifically identify each requirement to be reconsidered and include written documentation of
data that was not available to the Commission at the time of its orhzinal 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.CMM
Page 5
3. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance 4193, 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 frill
business days prior to breaking ground within ACHD 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 terms and conditions of this approval shall be valid unless 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:
1. 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
HUB OF TREASURE VALLEY
MAYOR LEGAL DEPARTMENT
Robert D. Corrie A Good Place to Live (208) 288-2499 • Fax 288-2501
CITY COUNCIL MEMBERS CITY OF MERIDIAN PUBLIC WORKS
33 EAST IDAH L.� 'I i BUILDING DEPARTMENT
Ron Anderson J _ ( 8) 887-2211 • Fax 887-1297
Keith Bird MERIDIAN, IDAHO
Tamm deWeerd (208) 888-4433 - Fax (208)'887-4813 PLANNING AND ZONING
Tammy
City Clerk Office Fax (208) 888-42 DEPARTMENT
Cherie McCandless (208) 884-5533 • Fax 888-6854
' .
Q_
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: January 31, 2002
Transmittal Date: December 10, 2001 Hearing Date: February 7, 2002
File No.:, CUP 01-042
Request: Conditional Use Permit for a Building Structure to be used as a Daycare
Center in an L -O zone for Dreamland Education Center
By: Monvand Enterprises, LLC
Location of Property or Project: south of East Leslie Drive and west of North Eagle Road
Sally Norton, P/Z (No VAR, VAC, FP)
Jerry Centers, P/Z (No VAR, VAC, FP)
Bill Nary, P/Z (No VAR, VAC, FP)
Keven Shreeve, P/Z (No VAR, VAC, FP)
Keith Borup, P/Z (No VAR, VAC, FP)
Robert Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service (No VAR, vAc, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
City- of fe i i xk
f -¢..
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP only)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP only)
U.S. West (FP/PP only)
Intermountain Gas (FP/PP only)
Bureau of Reclamation (FP/PP only)
Idaho Transportation Department (No FP)
Ada County (Annexation only)
?vL NYOR
Robert D. Carrie
CITY COUNC"ILMEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Clierie McCLndless
MEMORANDUM:
HUB OF TREASURE VALLEY
A Good Place to Live
(CITY OF MEPML&N
33 EAST IDAHO
NIFRIDIAN, IDAHO 83612
(208) 888-4433 � FAX (2108) 887-4813
City Clerk Office FLx (208) 888-4218
LEGAL DEPARTMENT
(208)2&S-22499 - FLY 288-2501
PUBLIC WORi,,S
BULDLNG DEPT M4 ET
(208) 887-2211 • Fax 887-1297
PLANNING AND ZONING
DEPAIM EN T
(208) 884-5533 - FAX 888-6854
December 28, 2001
To: Mayor, City Council and Planning & Zoning Commission__1
From: Bruce Freckleton, Assistant to City Engineer
David McKinnon, City Planner "
q pp �.-
Re: Request for the Approval of a Conditional Use Permit for the t'sta l>`slitientW.A- F F I CF
6,695 Square -Foot Childcare Center in an L -O Zone by Monvand Enterprises,
LLC (File No. CUP -01-042).
We have reviewed this submittal and offer the following comments, as conditions of the applicant.
These conditions shall be considered in full, unless expressly modified or deleted by motion of the
Meridian City Council:
APPLICATION SUMMARY
The applicant, Monvand Enterprises LLC, has requested approval of a Conditional Use Permit for the
establishment of a 6,695 square foot Childcare Center (a facility that provides care for more than 12
children), located in the Carol Professional Center. The proposed childcare center will provide for the
care of up to 120 children.
The proposed project will utilize all of Lot 8 and part of Lot 7 of the Stokesberry Subdivision (Carol
Professional Center). The applicant intends to apply for a lot line adjustment if the daycare center
receives approval from the City. Staff has determined that the resulting lots will be able to conform
to the minimum requirements of the Zoning Ordinance and the Development Agreement that governs
the development within the subdivision.
When the Carol Professional Center was, originally approved (CUP -00-020) a number of building
elevations were pre -approved for construction within the subdivision. The proposed building's
elevation is similar to those previously approved elevations, with the exception of a castle—like
parapet wall on the front of the building over the entrance area.
LOCATION & SURROUNDING USES
The subject property is located within the Stokesberry Subdivision, on the west side of Eagle Road
approximately 1/2a mile north of Fairview Avenue. The property is zoned L -O.
The following uses surround the subject property:
CUP -01-042 Dreamland.CUP
Planning & Zoning Commission/Mayor & City Council
December 28, 2001
Page 2
North — Carol Subdivision; a rural residential subdivision, zoned R-1 (County).
South — Vacant agricultural land, zoned RUT (County).
East — Rural residential, zoned RUT (County).
West — Chief Joseph Elementary School, zoned R-4
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards, open
spaces, parking landscaping and other features as may be required by this ordinance;
Staff finds 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
construction.
B. That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
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 conditional use permit in order to comply with a condition of the
Development Agreement that governs the property.
C. 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;
Staff finds 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. Staff
finds the design of the building to be compliance with the previously approved CUP
requirements.
D. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
CUP -01-042 Dreamland.CUP
Planning & Zoning Commission/Mayor & City Council
December 28, 2001
Page 3
Staff finds that the proposed use would not adversely affect other properties in the general
vicinity.
E. 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;
Staff finds that the proposed development will be adequately served by the essential public
facilities and services listed above.
F. 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;
Staff finds that the proposed use would not be 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.
G. That the proposed use will not involve activities or processes, materials, equipment,
and conditions of operation that will be detrimental to any persons, property, or
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff finds that no excessive traffic, noise, smoke, fumes, glare or odors will result from
the proposed use.
H. 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;
Staff finds that the proposed use will not create significant interference with any traffic on
the surrounding public streets.
I. 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.
Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by
issuance of this conditional use.
CUP -01-042 Dreamland.CUP
Planning & Zoning Commission/Mayor & City Council
December 28, 2001
Page 4
CONDITIONAL USE SITE SPECIFIC REQUIREMENTS
1. Sanitary sewer and water to this facility would 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) will not have any sanitary sewer and water services, as those intended for Lot 7 will
be inside the Dreamland parcel. Provisions should 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 would 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 should be recorded for the common driveway/parking area.
A lot line adjustment must 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. must 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 review upon ten (10) days
notice to the applicant.
CONDITIONAL USE GENERAL REQUIREMENTS
1. Off-street parking shall be provided in accordance with Section 11-13-5 ofthe City ofMeridian
Zoning and Development Ordinance.
CUP -01-042 Dreamland.CUP
Planning & Zoning Commission/Mayor & City Council
December 28, 2001
Page 5
2. 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.
3. 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.
4. 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.
5. 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.
6. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance.
7. All construction shall conform to the requirements of the Americans with Disabilities Act.
In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized
irrigation must be provided to all landscape areas on site. Please 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.
9. If the start of construction has not been initiated within 18 months from the approval of the
Conditional Use Permit the permit will be voided by the City.
RECOMMENDATION
Staff recommends approval of the Conditional Use Permit, with the above noted findings and
conditions of approval.
CUP -01-042 Dreamland.CUP
PUBLIC HEARING
SIGN-UP SHEET
OW"
PROJECT NUM=
M
PROJECT NAME 0 RQ4Y(I"d Sojj(� at:6'6n
NAME FOR AGAINST
FECEYVED
- 2002
1$, 120NIT
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to' the Ordinances of the City of Meridian
and the Laws 'of the State of Idaho, that the City Council of the City of Meridian will hold
a' public hearing' at the' Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the
hour of 6:30 p.m. on March 5, 2002, for the purpose of reviewing and considering the
application of Monvand Enterprises, LLC for a Conditional Use Permit for a Building
Structure to be used as a Daycare Center in an L-0 zone for Dreamland Education
Center generally located south of East Leslie Drive and west of North Eagle Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during
regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing, and the public is welcome and invited to
submit testimony. Oral testimony may be limited to three (3) minutes per person.
Written' materialsr may be submitted 'seven (7) days prior to the above hearing date so
that all' interested p'arties' may examine them prior to the hearing. ' All' materials
presented at public meetings shall become property of the City of Meridian. Anyone
desiring accommodation for disabilities related to documents and/or hearings, please
contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting.
DATED 11 th of February, 2002
WILLIAM G. BERG, JR., OftY CtERK
PUBLISH le-, an 2511V4rua , 2002
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James & Patsy Hatmaker
3014 Leslie Dr
Meridian, Idaho 83642
William & Janet Kuleski
2995 E. Leslie Dr
Meridian, Idaho 83642
Billy & Sandra Knorpp Family
Trust
BL & SL Knorpp Trustees
2972 Leslie Dr
Meridian, Idaho 83642
Gene & Tamara Campbell
3165 E. Leslie Dr
Meridian, Idaho 83642
Connee Bentley Maureen Boyle
3153 Leslie Dr 3109 Leslie Dr
Meridian, Idaho 83642 Meridian, Idaho
Raymond & Judy Kane
3047 Leslie Dr
Meridian, Idaho 83642
Walter & Roberta Williams
3104 Leslie Dr
Meridian, Idaho 83642
Larry & Patricia Green
2935 Leslie Dr
83642 Meridian. Idaho 83642
a-xv+ I1114162
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Meridian Planning and Zoning Commission
of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho
Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on February 7, 2002, for the purpose
of reviewing and considering the application of Monvand Enterprises, LLC for a
Conditional Use Permit for a Building Structure to be used as a Daycare Center in an L-
0 zone for Dreamland Education Center generally located south of East Leslie Drive
and west of North Eagle Road.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during
regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing, and the public is welcome and invited to
submit testimony. Oral testimony may be limited to three (3) minutes per person.
Written materials may be submitted seven (7) days prior to the above hearing date so
that all interested parties may examine them prior to the hearing. All materials
presented at public meetings shall become property of the City of Meridian. Anyone
desiring accommodation for disabilities related to documents and/or hearings, please
contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting.
DATED 10th of December, 2001
WILLIAM G. BERG, A., OITY CLERK
PUBLISH 18" 8f J nuar o"'t of February, 2002
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architect - planner - n.c.a.rJbV,,c'e-'rd4ed--
355 South 3rd Street Suite C A
Boise Idaho 83702
lkn micron.net '-'VY OF MERIDIN
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WE ARE SENDING YOU El Attached
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THESE ARE TRANSMITTED as checked below:
El For approval El Approved as submitted
�—( For your use El Approved as noted
El As requested El Returned for corrections
For review and comment ❑
El FOR BIDS DUE 19
REMARKS
El Resubmit - copies for approval
El Submit - copies for distribution
El Return corrected prints
E PRINTS RETURNED AFTER LOAN TO US
COPY TO
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Smooth Feed SheetsTM
James & Patsy Hatmaker
3014 Leslie Dr
Meridian, Idaho 83642
William & Janet Kuleski
2995 E. Leslie Dr
Meridian, Idaho 83642
Connee Bentley
3153 Leslie Dr
Meridian, Idaho 83642
/II AVERY® Address Labels
-Billy & Sandra Knorpp Family
Trust
BL & SL Knorpp Trustees
2972 Leslie Dr
Meridian, Idaho 83642
Gene & Tamara Campbell
3165 E. Leslie Dr
Meridian, Idaho 83642
Maureen Boyle
3109 Leslie Dr
Meridian, Idaho 83642
Use template for 51600
Raymond & Judy Kane
3047 Leslie Dr
Meridian, Idaho 83642
Walter & Roberta Williams
3104 Leslie Dr
Meridian, Idaho 83642
Larry & Patricia Green
2935 Leslie Dr
Meridian. Idaho 83642
TM
Laser 6241
CITY CLERK FILE CHECKLIST
Project Name: Dreamland Education Center
File No. C U P O 1-042
Contact Name: Oscar Saavedra Phone: 336-1419
Date Received from Planning and Zoning Department:
November 28, 2001
Planning and Zoning Level: Hearing Date: February 7, 2002
FX Transmittals to agencies and others: December 10, 2001
❑X Notice to newspaper with publish dates: 18 -Jan -02 and 1 -Feb -02
Certifieds to property owners: ILA
°
El Planning and Zoning Commission Recommendation:�0 Approve ❑ Deny
Notes:
City Council Level: Hearing Date:
❑ Transmittals to agencies and others:
Notice to newspaper with publish dates: and
Q Certifieds to property owners: 2
❑ City Council Action: ❑ Approve ❑ Deny
Findings / Conclusions / Order received from attorney on:
Findings / Conclusions / Order:RuokAW';
[--J
Approved by Council:
Copies Disbursed:SMrVOAfi-
F-1copies
❑ Findings Recorded
Development Agreement:
Sent for signatures:
❑
❑ Signed by all parties:
❑ Approved by Council:
Recorded:
F1 copies Disbursed:
Ordinance No. Resolution No.
❑ Approved by Council:
❑ Recorded: Deadline: 10 days
Published in newspaper:
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Notes:
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: January 31, 2002
Transmittal Date: December 10, 2001 Hearing Date: February 7, 2002
File No
CUP 01-042
Request: Conditional Use Permit for a Building Structure to be used as a Daycare
Center in an L -O zone for Dreamland Education Center
By: Monvand Enterprises, LLC
Location of Property or Project: south of East Leslie Drive and west of North Eagle Road
Sally Norton, P/Z (No VAR, VAC, FP)
Jerry Centers, P/Z (No VAR, vAc, FP)
BIII Nary, P/Z (No VAR, VAC, FP)
Keven Shreeve, P/Z (No VAR, vAc, FP)
Keith Borup, P/Z (No VAR, VAC, FP)
Robert Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service (No VAR, vAc, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP only)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP only)
U.S. West (FP/PP only)
Intermountain Gas (FP/PP only)
Bureau of Reclamation (FP/PP only)
Idaho Transportation Department (No FP)
Ada County (Annexation only)
HUB OF TREASURE VALLEY
MAYOR
A Good Place to Live
LEGAL DEPARTMENT
Robert D. Corrie
(208) 288-2499 • Fax 288-2501
C ITY OF MERIDIAN
PUBLIC WORKS
CITY COUNCIL MEMBERS
DEPARTMENT
Ron Anderson
33 EAST IDAHO
(208) 887-2211 , Fax 887-1297
(208)
Keith Bird
MERIIDIAN, IIDAHO 83642
(208) 888-4433 @ Fax (208) 887-4813
PLANNING AND ZONING
Tamm deWeerd
Tammy
City Clerk Office Fax (208) 888-4218
DEPARTMENT
Cherie McCandless
(208) 884-5533 a Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: January 31, 2002
Transmittal Date: December 10, 2001 Hearing Date: February 7, 2002
File No
CUP 01-042
Request: Conditional Use Permit for a Building Structure to be used as a Daycare
Center in an L -O zone for Dreamland Education Center
By: Monvand Enterprises, LLC
Location of Property or Project: south of East Leslie Drive and west of North Eagle Road
Sally Norton, P/Z (No VAR, VAC, FP)
Jerry Centers, P/Z (No VAR, vAc, FP)
BIII Nary, P/Z (No VAR, VAC, FP)
Keven Shreeve, P/Z (No VAR, vAc, FP)
Keith Borup, P/Z (No VAR, VAC, FP)
Robert Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service (No VAR, vAc, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP only)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP only)
U.S. West (FP/PP only)
Intermountain Gas (FP/PP only)
Bureau of Reclamation (FP/PP only)
Idaho Transportation Department (No FP)
Ada County (Annexation only)
CITY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208) 884-5533 Phone / (208) 888-6854 Fax
CONDMONAL USE PERMIT A;f,'P'LIC.ATION
u Check here if Planned Development Application
(RE: Meridian zoning Ordinance - Section I 1-17)
APPLICANT: ,,i- '
ADDRESS,_ _.j j �„
PRUNE: a � FAX• F MAIL:
OWNER(5) OF RECORD: r4 o4.�/�SF� i� I���%CL�I��. _I�IA4
' �
ADDRESS: G�,..''—�.) �'�- �2�g�[��r/•
PRUNE: � ^;FAX-. � E-MAll,'
ENGINEER, SURVEYOR, PLANNER-
12
ADDRESS: �����►� G3 -j.0 Z
PHONE: �I " I � _ _ FAX- �� E -.MAIL ----
ADDRESS, GENERAL LOCATION OF SITE. e�A' ae—V
DESCRIPTION OF PRESENT USE:
DESCRIP'TTON OF PROPOSED CONDITIONAL USE:
PREShN'f ZONE CLASSIFICATION: l�
I have read the information contained herein and certify the information is tnie and correct.
APPLICANT'S SIGNATURE:
SOCIAL SI CtJRITY NUMBER: --
Rev. 06,75 01
AFFIDAVIT OF LEGAL INTEREST
$TATE OF IDAHO )
COUNTY OF ADA )
io
(name) (address) 1:��
being first duly sworn upon
.,oath, depose and say:
(city) (state)
I . That l am the record owner of the property described on the attached, and I grant
my permission to:
✓til fj2A l� Y
(name)
(address)
to submit4he 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 a��� day ofml(e 20 b1 . .
(Signature)
SUBSCR1BED AND SWORN to befo the day and year first above written.
S
%Notary Pub for Idaho
Residing at
AMy Commission Expires: H�1 j2-00 —
ASO �
W,
•
s west, i»c.
1401 Shoreline Dr. • P.O. Box 2797 • Boise, Idaho 83701 • (208) 345-7523
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 Stokesbeny 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
V. �A-4V#5P4A , do hereby affirm that I will have the public
fearing notice(s) posted; 1 (one) week prior to the public hearing(s) for the application or
ica 'ons that I have submitted.
(Applicant's'Signature)
(Date)
iT, is
< 95-
O
z
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
3EN1' BY: PROMED KEYBOARD GROUP; 208 884 4949; OCT -i' 01 1:27PM; PAGE 2
CONTRACT OF SALE
THIS CONTRACT OF SALE
("Contract") is entered into on October 15,
2001, betwcon Properties West, Inc., an Idaho
corporation ("SeIler"), and Monvand
EnterprLsRs, LLC, an Idaho limited liability
company ("Buyer").
I, 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-1" both
of which exhibits are made a part hereof,
together with all easements, rights and
appurtenances thereto ("Subject Property"), alt
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 ("Development'),
2. Effective irate
The "Effective Date" of this Contract
shall be the date of this Contract sot 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 tuts, enginwfing
studies, and environmental tests and audits.
Buyer shall indemnity, defend and hold
harmless Seller from any and all liabilities,
claims, damages, expense (including, without
CONTRACT OF SALE - 1
limitation, reasonable attorneys' fees and
reasonable attorneys' fuss 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 willful 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 shall 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
pre-existing 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
'ENT BY: PROMED KEYBOARD GROUP; 208 884 4949;
(b) All into re d mrtrned on the
Earnest Money Deposit shall be eaedited to
Buyer. Alt of the ]Earmest Money Deposit;
together with all socaruod irnt shall be
credited to and considered aet payment of Pett of
the pu dme Price at tbt time imd tutolt
cons ummatim of the Closing of this umsaction.
The meat Money Deposit and al) accrued
mtcr x shall be rert=TtW to lduyer if this
Cotnrut is teminatcd due to Buyer's inability to
satisfy or waive its 0onditions set forth heron.
In the event Buyer dehuhl Under this ContfAct
fnUew* ita satisfibdtioa and/or WrslvW of its
conditions and expiration of the InspeCtiert
Period as provided below, the Emwt 1vloney
Dq) t, but not the acxtued interest, shall bo
resnitW to Seller as liquidated domes aad as
Seller's sole and exclusive remedy for Buyet's
default.
(c) The balatue of the Purchase
Price after credits, adjttsm ams and prorWons,
shat] be paid to Sella by Buyer at the time of
Closing, hermuder by oak wife VuAftr or Other
immediately available funds e3GOV%ble to
Escrow Agent.
S.
Delivery of Doemmeuts
Capon execution of this Con mLet, Seller
flail deliver to Buyer the most meront Wvoy,
PIA map, drawings or other similar mattrials
and a copy of All existing conditional use
P wits 4nd ZOWAg approvals misting to the
Subjaat Pmperty and the Dovelopmot, if any,
within Seller's possession or ocrntrol. If Buyer
tesnaftw rs this Cmiract for tory reason
whatsoever, Breyer shat! retura to Salltr All imma
mentioned above which Seller has delivered to
$uya'
6. Couditioue Sub"ttont
Notwithstartd of amyti►ing to the
contrary it this ComrwA, Buyer shall not be
obliged to purchase the Subject PrapeCty
unless at or 1xior to 5:00 p.m. (mounmin Time)
on the dam which £ells on; hwidmil fifty (150)
day% eater the Et' bWve Dain C ImtpftOon
period") or seu:h lator date m providetd in
Section 7 &each of the following eonditiems hAs
bean met or Buyer nese waivod said cortdidan in
writing. Seller &hall e:ooperam with Buyer to
COACT OF $AIX - 2
OCT -4'`01 1 :28PM; PAGE 319
cx= td qtly doCtlm= wtuc 1 amy be nwmorY
or convewcat to the mfmmmce of these
conditims.-
(a) The Subject Property is zoned
and all studies, repom V*Wk% approvals sod
written agzeaftmts saAsamry to Buyer
(including, but not limited to, SUWvi OAI
planted development approvals, site Alam
approvals, plat/parcel map approvals, building
and use pe;,rmits, orehitedural WOWS,
environsoental reports axed pGrmi% rmd traffic
st%Aal regtutod by tete appsopri public or
govenutu ntal autboritics to petnnt (i) flue
eomvq=ce of tip Subje d property to Buyer in
accordance, with applicable law, (ii.) 4W
dwe:lopmoi of tho Subject property a desired
by Bayer, and (iii) the oaf OUCtioa 4nd
ope ation of a rtui1drem's day care facjlity
("Govtmmeaut ApprovAW), have been finally
adopted, all Without conditions thereto which iA
Buyer': reasonable opinion would Muse
comet nwdou attd operaion of Buyer's proposed
cbddrai s day we fa4lity to be ecozmicAlly
unfeasible. All of the above shall not be dd+xmed
to be fu+Ally adopted until tt last dm petiod
within which to oomest each such imter by
administrieve or jttdww pros,
refe=dOWIC, PtfitiOnS for rtheat'ing or ot}=wise
has expit+ed; provided, however, that notiut
eontaetned herein shall in any v r* be iaterpreed
or eonmrrned to require Bnyt r to gVosl a doral,
OT to contcsc the conditions, of any aeiverse
()over>Sme W AppmvAl.
(b) Buycr, at its oxpem and if it
duets, has obtained a current certified ALTA
bouudary survey of the Subjaca FroPesrty
prepared by a Wveyor licensed in the State of
Idaho (`.Survey"), which satisfies Buyer's
requirements.
(c) Buyer beg obmmed agVmval
from all governmental com" anal f= thio
Seller, including an Atrhiteotuual Committee
approval by Stocke sbery Subdivision for Sita
plan, Elevvoiem plan and Dien$ pia% if
necammy, and nay other Pmu m or emtity baying
atpmal rights to erect on the Subject Propemty
signage es desired by Buyea,
(d) with► fiitem (15) days after
the Bff n ive Dat% Seller, at its mgxOse, shalt
SENT BY: PROMED KEYBOARD GROUP; 208 884 4949;
cause to be deliivvaed to buyer a cturrermt
eotrnmIbmt for title ittsureac a covering the
Subjectissued by l;scrow Adam, as'
agesat to
Title znsuraace Company
(111ritk C ,for an eaxtesnded coverage
ALTA 09mm Policy of Tide in== in the
wtount of the Purehase Ptioc ("Commitment"),
together with a copy of C04h document li,sw (i)
as an etwambronce upon the title to the Subject
Property or (ii) as an exception to coverage in
the Comv►itment. Buyer shat) omamine the
Comuntment and shall make any objemotis
thereto in Writing to Seller ("Notice of
Ob jccdan") no lettere than twenty (20) days after
Buyer receives the Commitment and the copy of
tach exception domunmt fisted in the
Commiunont, as required above. In the went
there exists any suCh e:nctttnhMUC„e or oxctpt on
to which the Buyer has objoot4 Seller shall
have twenty (20) days of o its rtxxipt of the
Notice of Objettion to elect (in Seller's sole,
remowble disaetion) to cm and remove or
insure over the obje Womble title encumbrx=
or exception. In the overt Senor elects not to
acre and remove or to insure over the
objectionable title enctun recce or exception
wjdh o said twenty (20) city period or in the
event Sellar clogs elect to cm and twove the
vbjmfiounble title encumbrance or exception but
is unable to ctiue and remove said obia-donatrk
title emcambrWrx or exception or, altartaativOy,
to cause the; sa= to be inuffed over by the Title
Company ten (10) dttws PrW to the a xpiratiem of
the laepection Period or any exte,saiom thvr
this Contract, at rho option of Buyer and Wn
wrinen nonce from buyer to Sour, shall
Muxi aero, in the event Seller elects to cure and
remove~ the objoctionable title encumbrance(s) or
erxcepdou(s), Seller agrees to use its best ef'orut
to remove sty objocow bie title encumbrance
or a xc don Mvided that acid objectionable
title encombmnc t or axcgytion may be ternoved
at a reasonable coo to Seller. It is undenzood
and aweed tbat if this Comtract is teavinated by
Buyer as provided in this Station 6, Soller shall
be responsible for all fees chard by Escrow
Agmt fact coeallaiion of the Commitnumt.
Titin to the Subject Property sW be good and
marketable and shall be Aw and clear of all
lidos, eneeuutrmwes, easamenfs, assessments,
resmcboas, tenencias (whcOrr recorded or
unrecorded) emd other execoons to title, cxccpt
CONTRACT OF SAID - 3
OCT-' 01 1:29PM; PAGE 4/9
the lien of antes not yet due tad payable, those
e awmAr nts and r strictiom sof record w'hiM bane
been approved by Buyer, and those outer
oxcoptions approved in wring by Buyer
("Parmitted Exceptions").
(e) Escrow Agent shall be papared
to obtain from the Tide Company, upon Closing,
as ALTA bwnet's Policy of Tide hm m w
(`gibe Polley"), in the amount of the Purchase
Price, insuring that makcwblc foe simple tide to
the Subject Property ss vested in Buyer, subject
only to the ?Wd ted EX00 rperos and the
documents approved and muzutexd by the parties
at Closing.
(t) Buyer has dete mined that die
Subject Propetty and the Development am
(i) free and clexsr of all Hazardous Materials, as
defined in Soctiom n, and (ii) suitable, in
Buyer's sole opinion, for Buyer's proposed UW,
iteluding without limimfion, a detemti wdon by
Buyet that vehicular access, utility availability,
and the physical coadition of Ott Subject
property aro sttch th& Buyer's proposod
Ghddrem's day cam tbcility cin be Cdf1,S#iUCMd
and ope rated without Buyer inottft my
atmotditsaty co ft
(g) Buyer shalt have obtainod a loan
in au amount and upon such Derma au d.
Conditions wlu cb are acceptable to Buyar as a
rate of less duM 109/o end Wcoble to rho buyer,
m Buyer's sole d tica, to fiend the Pmuettese
Price, or the portion there04 chaired by Buyer.
(h) All of Seller's rept ons
and warmdes under ttus, Contract shall oonftue
to be true and wmgt as of the date of CIOAM.
In the event Buyer, at gay time prior to
the expiration of the IttspM00A Period, Of tory
weneion themof as allowed h tti4 dwns any
of ties conditiots act forth in chit Section 6
unsatisfied, Buyer May tcmmir� this Coatrsct
by providing Scller with written notice of
Buyer's clegioen to twMinsa this Corttrsa. In
tW event of such tambnation of this Caavcac4
both pames shell bo released BVM toy A their
obligations here mder, except for UsUlitiea,
aches or contingent, which arose prior to the
dmz of termination. A+uy contingencies in this
goctioe 6 that are tot satis6od or waived during
SENT BY: PROMED KEYBOARD GROUP; 208 884 4949;
the bgxcdon Period, or lacy ext1=0a thoteot
shall be deemed wativtd rmlem othenrise agreed
upon in writing by the parties.
I ) Buyer $hall review and be fully
jbt+waelthe w=8 nWaMOA of Covenants
whiW' of record as govauft the Stocksbaty
,iibdivition and Carol FrofessiotW Pwk;
0) Buyer is aware thm the
Stookesbet y SubdivWon has au cstablisligcl
Owner's AsssocWon which n quires alt iWoal
WWP fee of $400,00 wbith gall be mid by
Buyer at or before closing. In addition, the
Owner's Assooiat shall dW9e art
quaiady assessment of 5350.t)t7 1cr quarter to
cover the appropriate share of irrigation and
oonnom areal aramtmmco,
'i. Extension of Inspection Period
in the sweat Buyer has not satisfied or
waived all of its conditkms at the time of
expiration of the Inspection Paned, Buyer sbali
hive the tight to exited the laspettion Period for
up to two (2) additional poiods of ittirty (30)
days, t:,ach by p* iuq to tiro Ewow Ascot for
owb extension the suet of ONE THOUSAND
DOLLARS ($1,0W) as an extension *e
("V%teaasioa Fee"). Said l=artansion Fee stall be
deposited by the F=ow Agwt aj*.�aac
No Platt
of the VwawWon Fee, ateept for interest accrued
thereon, shall be mAm,dtlEtle to Buyer e+tc.apt in
the cvctat of Seller's default hereunder. At the
time of Closio& all Extmdon Fee payments,
Md all interest ao►ved thecoem, shall be applied
to the Pmrhm Price.
8. Closing
Upon Buyer's satisfw ion and/or waiver
of its c5oyadwods, elog" SW occur within. 15
(15) days after the building permit is k&W or
the expimdon of the Inspection Period, or any
exterWous thereof exers iced by Buyer Mont
to this Conhict ("Cloalstg"). Posmsion passes
to Buyer on Closing, Prior to Closing, Seller
sW1 dvosit wits+ tbo Escrow Agent a duly
executed and almowledged Warranty Deed
conveying the Subj'eot Fropcoy and all of
Seller's right; title sod in and to all
structs, alloys geed rights-of-way adjacent thtr+eto
CONTRACT OF SALE - 4
OCT-'" '01 1:3OPM; PAGE 5/9
to Buyer, subject only to the Pamitw
Exceplaw to8rdw with instruction, to deliver
and record tltc Doed when the Ewrow Agent is
in s position to pay the Pturlmae Pace to Seiler.
Af& all of the cooditians of: Closing as set forth
in Seaboo to have beta met or waived and Buyer
has been so advised, Buycr slxall prior to or on
the clesing dart deposit the Purchaese l deo in
oash or by tneans of wire transfer or cv tt W
chock with. do Fwow Agoot with instructions
to disburse the Purobasa Price to Seller upon
rooardbA ora of Seller's peed ad issuaw of the
title in$uranot policy required by '3ecdon 6(e),
9. Se eflon 1 "S Affidavit
At or prior to CIoahg6 Sa1kx d4
deliver to Buyer an affidavit iu c omplimm wfd5
Sec ton 1445 of the Wertml li~cmue, Code
providing Wet's United Stagy a
identification number toad business addrw and
stating weer or +tot Seiler is a Kforr igo
pa=io as defined is the• 1rttmal Rina Code
and regulations applicable thcrety ("Cod+t"). If
Seller Wis to deliver such affidavit or is a
"fart ip parson" u def nW in Ste Cade, Buyer
shaU be entitled to withhold from the purchase
price, and to pay to tht lutmul Revetme
Service, such m uounts as m regttimd to be
widaheld by the Code, and SOHO agrees to
coomft VAth Buyer and. to &rMU Buyer With
swb tax forms and infMMhon, as ate
rft ooably roquimed to insurc fayar's
compliance with the Code.
10. Coats
Buyer Shall pay the cost of ramdins to
Dodd. Any escrow fees wd the cost of
tecardi:ag any other doo mints recorded at
Closing, other thea any loon docw=M m4uhied
by Buyer's lend&, shall be paid equally by both
parties. Low docs attd costs shall be tin sole
responsibility of tht Buyer, Tom and utilities
shall by ptorawd as of the tbno of Cloft
5ollcr shall pay ft Premium for 00 sw4w
Comm's title Manote policy Mendoned its
Sermon 6(e). Buyer shall pay tM *kHtimal
premium for mamdod coverage tide fnsa z=
and any endo is &4ired by Buyer.
SENT BY: PROMED KEYBOARD GROUP; 208 884 4040; OCT-, 01 i:31PM; PAGE 619
o's
11, Brokerage
Seller and Buyer hereby aclmowledgc;
represent and wonattt to each otbet that too
broker or finder has bei employed by either
Seller of Myer in cmeetion with the; soler and
pttrohm transac don contemplated in ods
Cosa"A excerpt for Thornton oliva Kell"
Coenranaecial Reel Estate, (Gary Bue ntgem)
("broker"). Seller opm to Ray a Commission
to the Broker pa separate agreement
("Commf:tsWal, The coaatt dniou shall be due
and Payable to the broket oaiy if and when the
We and purchfte mmsac;tion oantcwplataod in
this Con0un shall have been cloned and
cons ted. Seller and Buyer oacic wwmt to
the other that exodpt fns' the: Commission no
ooralydniours are playable by Seller or Buyer to
any other broker or fwCkr in oonnwaon with
this Cotktr'ad or the traswtion eontemp adted
herein, and Seller and Buyer ager, to mdemnif r,
defend, save and hold ench other harmless fiam
and against the; payment of nary ficrtiaer
WMISisslons or fees or claims for comm imions
of fees by vidue of any acts or wdoll
und&'Cal ai by thm revectively; it bang
Ve nasty agreed that due foregoing agreement of
indemmi5oadon shall expressly survive any
Closing or Closings under this Conaaet,
1.2. Seller's Repreeuentatioas and
Warrant
(a) Seller tepresestts and warrmts
that Seller has authority to cedar into this
Contract and to grant the ho nse grit wd in
Section 3 and that Scllor holds m$rk4 uablc foe
simple title to the Subjeot Property.
(b) Seller ftrdw represfnts and
watrnnts all of the following:
(i) Seller has no knowledge
of any " Hawdous Materials" (as hcreimMer
defined), having ever been used, produced,
released, stored, trantported, diagosed ot;
ecoamod. deported or odmwtw existing in,
over, tmder of aeon the Subject Property or the
DoWopmen# by any Pia or cubty
whasoevor. The term "Hazardous Materials"
Owl aollecdWy refer to underground stomgC
ta" perti'oknm and pesroleurn pr6duu:ts,
CONTRACT OF SALE - 5
Mbeetos. PM6 urea formaldehyde taut any
h=r&us or toxic wbomwes, pollumts,
contasmiltwt9, wastes or Mataisls 48 &*w
under achy "Envi7ronnre sal Laws." The term
"Invirr "Menand Laws" shall collocdv* refer
10 the COMPrehWive Enviro CaW ROOK
Compeniefion and Liability Act of 1480
(TE RCLA"), The Toxic Substxpncx$a CoMml
Act, the Cleats 'Water Act 33 U.S.C.
§ 1231 � 1387, the Re➢oum Conservation and
RW&Vf ry Act as amended ("MIX), or any
other similar federal, state or local law, rule or
regaladw re metiq Hatmi= Mateatials
together with all nde and regallfim
promulgated theretaado r sand all wuAdtnstft
theroo.
(ii) Sollor, start to $eller'$
krnowledgo, all other periosts or entities who
have oCaYpied or are ocGupyinp tlw Subject
Property and/or the tmvelapnmt, or any portion
t1fwwr have, at all times, fishy complied with
all Ruvwatnowtal Ips sod all odd taws, rule
and regulations (collccttvely, "Laws'] as well as
All permits, limses, cod6cates and approvals
relaftag to the development end use of the
Subject Property and the Devetopnunt
(collectively, "Permits"). To S41cr's
ldnowtodge, (A) no notice of violation of rosy
LxM mmcntal Law or any other Law (and no
complaint, order, directive, Claim, dtotioa of
ooticc relating to any Etvirovocow Law or
other Law) tis been issued wig nqma to the
Subject Property or die Developmwa ad (0)
no notion of noncomplui moo with any p`MMt:
r&Wntg to the dovelopnmt or use of the Subject
Property of the Development lane been issued,
(iii) Thm are no pendieg
actions against $eller (or to Sella's kr4wlo%4
apust any other peter or entity) which, remote
to the condition or use of the Subic Pwperty or
the Development and Seller has no lorawWp
of any fActs or etre which could give
rise to such action without litrAfiq dna
foregoing, there star no pending or dMa rood
sonde ranation proccedwp whirs► wul d 4ffod
all or W portion of tare DOV61OPMA14 or tete
performance by Seller of arty of 1" tniilagmow
got forth in this conmact.
(c) Seller has rewived no w4aw
n0fda oro of any Ch=80 Contemplated is racy
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Applicable laws, ordittsum or restrictions, or
any judicial or administrative action, Or $try
action by 4aant lmddvmem or natural or
%Miiflcial csotnditions upon the Subject Properly
which would prohibit the property ff m being
developed as a CWdtM's day we facility as
cksinxi by Buyer.
The repres ions and waum ies sat
forth in this Section 12 shall constitute
continuing representabons and warranties and
shall be deemed to ba taste abd carroat as of the
dare of C16A4 Of Buyer's pw-chmc of the
Subject property. Sellar agrees to indemtt*,
defend and hold harmless Breyer torts and
against any and All liabilide% 0144sts, scuts,
judgments, damages. Mvwft, losscs,
diwinudozn in valtye, fors:, paraluos, fixes And
costs (including, without linriation, reasonshle
attorneys' fees And reasonable attorneys' fees on
any *PW), judgme im proocWisgs and omm
of action of auy kind whxWwer, arising out of
or in any way contnocted with Seller's breach of
the rVreaermnions And warrersdes sat forth in
this Section 12,
13, Condemnation
Should any entity having the power of
condeaw2tion bring An action or otherwise
indicate aft mttnt prior to tho time of Closing to
acquire all or any portion of, of any invest in,
the Subject Property, Buyer, at Buyer's sole
option, may elect either (i) to terminate Buyer's
ohligadon to Purchase the Subject Property by
giving written uotioe to Seller at any time prior
to the time of Cloa4 or (ii) to complete the
purchase of the Subject Property with Seller
immodiately appolodrig Buyer its
attornoy-in-fact to aWtWe with Said
condemning sanity so to its interest in the
Subject property and as$*aq to Buyer all
amounts to be awarded for the Subject Property.
Sella Agrees to provide Buyer, within tea (10)
days after Seller's receipt of same but in no
event )Butt shun the time of Closing, written
notice of any actual or tttreata wd covdemnsuon
Proceeding.
CONTRACT OF SALE - 6
OCT-, 01 1:82PM; PAGE 7/9
14. Succemory
'Isis Contract shag be bindias on the
heirs, successors, assigns smd personal
rwosonta4vos of the parties hereto.
15. Attorneys' Fees
In the event either party initiates or
defends any legal. awn or proceeding in tory
way connected with this Conow, the pmki*
party m any such oa= or proacoding (in
addition to any onset relief which may be
granted, witedter legal or wtablo), " be
entitled to nxover from the losing party in anty
Ouch aa;tior, its r tsou ble moms and a tttmnays'
fees Onchwio& without lWit wou, its ruasodable
costs and attornrys' fees on any appeal). All
such coats rand attorneys' fees shall be doomed to
have accrued on commencement of any legal
action or procacding and shall be enforoe,abte
whether or not such legal action or proGood4 is
prosecuted to judgment.
16. Default
(a) Neither party sbsli be domed to
be in default of this Cotthya except up" tiro
aviration of thirty 00 days (ten (10 days in
the event of failure to pay money) ft m receipt
of va itten notice from the other- party specifying
the parheulars in which atwh party has railed to
perforrn its obligations •Udder this Co:noun
sinless such party, prior to expiration of said
diirty (30) day perlad (tem [10] dacys in the event
of fnilrnre to pay moray), has gratified the
partimIm specitSed in said notice of MsA
(b) to the event Buyer defaults or
breeches this Constant, Buyer and Seller agm
that the damage to Seller bee mm of such doasult
or breach would be eacprta * costly, difficult
and incanveniett to ascertain and therefom in
the event of Buyer's do&Wt or brtsaA sire
amount of the Earnest Money Deposit, but rant
the aomicd interest, together with any RctUaion
Fee payments, having acmily been deposited
into es w, but not the s3a=cd interest; or
reteeaed to Seller W the time of Buyer's def mh
or breach is a retnamblc eta of the
damages that the Seller would iricur. Buyer and
Sellar agree that the payv4w and delivery of
SENT BY: PROMED KEYBOARD GROUP; 208 884 4949;
such amotmt to Seller Shall to tJ a sole remedy
of Salter is the evcut of Buyer's default or
brmh of this Contram
(o) In the event of Seller's defauh
or brach of Ws Cornua, Buyer my seek
specifie pedotimoe of this Con"d as its sale
and exclusive remedy.
1.7. Notices
(a) All notices given purst to
this Contract shalt be in wwrift and shall be
given by personal service, by United Status nail
or by United States express rail or other
Established express delivery scrviac (such as
Fcdetal EWM), "terse of delivery charge
Prepaid, return reoe* roguegtod, or by facsimile
(pura"ded, however, that the were mother will
also be promptly seat by at least one other
rneaus Allowed by this Coact) addressed to the
appropriwe Party at tate addrms set forth below:
Seller: properties WEst, Itte,
1401 Shoreline Dr.
Boise, Idaho 83701
Attention: Jon Barnes
Fax: (208)345-7028
Buyer: Monvand Entaprimes, LLC
875 W. FraokWi Road
Maidion, ID 83642
Atte &w Hootan Shmmiat
Fax; (208) 8844949
The person and address to whine nVtioes aura to
be given may be changed at any tinge by any
party upon written notice to the other poV. All
notices given pttrn wat to this Coy ftrw awl be
domed given upon receipt.
(b) For the purpose of this Contract,
dee team "recelpt" &hall matt the earlier of my
of the following., (i) the date of delivery of the
notice or other docttmout to the sddmsx specifi6d
pttr went to mmbpara,8reptt (a) above as shown on
the return rccciA (ii) the data of acouat receipt
of the notice or Orbe documeirt by the person or
entity spa6fied purerreat to m iter "h (v)
above, or (iii) in tho case of refusal to &COW
delivery or inability to deliver the notice or other
document, the rather of (A) the date of the
attempted delivery or refiazi to accept delivery.
CONTRACT OF SALE - 7
OCT -,'
01 1:33PM; PAGE 819
(B) the date of the posb=k on rise rerun
receipt, or (C) tate date of receipt of notice of
refusal or notice of rxotulcliveay by the sebeg
party. In the case of notice sent via facsimile,
assuming the ware notice was also promptly
stet by at least one other mesas allowod
pursuant to this Contract, "rc(r3pt" shall mesa
the day that the notice was scut if the sending
was widiin business hours, or the fiat ba6zen
clay next following ft 3=ft if such sending
was not during bask&& hom s,
18. Captions and &adimV
The captions and headings in this
Contract aro for rcfw=ce only and shall not be
doemcd to define or limit the scope or iaatedt of
any of the tortes, Bova mm conditions or
Weemeatt contained herein.
19. Endre Agreement
This Cwt vo wntaAns the anth'ts
Agreement between the parties hmft sad
sutpetsedS all prior 9WOMMS, oral or wri.ttIM
with respoct to tare subject matter haat The
provisions of this Centrad shall be oonstroad $s
a whale amd not strictly for or what any patty.
20. ConxttnieMn
In construing the provisions of ft s
Contract and whenever the cozlttxt so requkM
the use of a goodrr shall inolude all odw
gendars, the uw of the jagular shall include the
plural, and the use of the plumd shat! inolude tba
21. Joint and Several Obtipt~ions
in tht: event any Ply herew is
wmpQscd of marc than one persory the
obttgativtts of said party shall be jobs and
several.
22. Counterparts
This Contract may be eattMIW in
e;ounterparts, each of whiahf shall be deemed an
Qngipngl acrd all of which stall coastltuto a single
inatrt:ment, and shall be cffiCtive ttpcm
SENT BY:
PROMED KEYBOARD GROUP; 208 884 4949;
atecution Of one Or MOM of such counterp�
by each of the panics bcrcto.
Z3. Time period Computation
Ail d= pciods in this Con= sW be
Seemed to refer to calendar clays unim ft dM*
Mod sWIficslly reeareafts business days;
atovideed t#t if the last date on which to paarfom
my act or ,give any notice under this Conn=
shall fitll on a Sa"day, Sunday or local, owe or
u►tional holiday, such act or notice &hail 40
teemed timely if performdd or giveA oR the next
vcc"ng business day.
A. Binding ContrAct
This CoAftw shall net be binding or
uforaasb>c utiW both parties hovo fully
xecuted this Contract and have delivered to
a4h other am Ori&d cotmterptirt of utas
;onvw Mly executed by the delivering parry.
L.s,, 41444-L IUL14oa4WV
OCT-' 01 1:34PM; PAGE 9/9
25. SurOval
All of the rep ons and vratrta hes
set forth in Buis Coutraat dhall constitute
cMW=Ung mpreseatatiaats and wmrantins, "
be dmu d to be mm and correct as of the date
Of Closittg of Bttypr's PWWUW of the Subject
PmPerty from Seller, and shall (Ulon$ with an
indcsomnifieWoa, defense tmd hold hmmJw
obligations related thtwo) survive the Closing
of Buyer's Purchase of the Subject Property.
26. Governing Itw
`Gime i9 of the essence of this Contrast
This Conmtct will be ovm*ued and intetgrebed
in acowduc- whh the laws ofthe gate of Idaho.
27. No ntrd party Ikatfidory Rkhts
This Cotnr$ct is not int dod to
nor shall it in any way be interpreted or
consmied to create, any Burd party bmefiomy
rights im any person not a pxq heron unless
o W*?ise oxer Wy provided luro4
EXECUTED as of the date fust above written,
Slri.i,,ER.,
Properties Wost, Ync,,
.'T
KI
EXPXUTED as of the date first above written,
St of Exhibits
Nbit "A" • tzO Description
chibil "A-1" - plat
>NTRACT OF SAU - 8
BUYER;
Monvand Enterprises, LLC,
an IdAho limited liability company
slr
• / 11 t'
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,
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 decor 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 • 20s 336-1418 • Fax los 343-2247
Iknopp@micron.net
r
CITY OF MERIDIAN
Hub of Treasure Valley
.0Q nope.. 33 E. Idaho I
�• Meridian, Idaho 83642
888-4433
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Order No. Date
Name MvIJ ,'N -T---) N-I'eF,P L_.L C
Address
Phone:
SOLD BY
CASH C.O.D. CHARGE j ON ACCT. MDSE. RETD. PAID OUT
O
t7. P A, IY,.44 7�, 6
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All claims and returned: goods MUST be accompanied by this bill.
TAX
0013856 Received
By
TOTAL
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