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Mary C Fowler AUP 01-012
WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, RossMAN, NYE & RossMAN, P.A. KEVIN E. DINIM CHRISTOPHER S. NYB Julie KLEIN FiscHRR Nun, A. PETERsoN Wm. F. GIORAY, III ERICA S. PHILLIPS D, SAMUEL JoHNsoN ERIC S. RossMAN JILL S. JURRILS TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WR.Lm A. MORROW TERRENCE R. WHrrE** Mum F. Nimots* NICHOLAS L. WOLLEN *Also admitted in OR ** Also admitted in WA To: Staff App licant Affected Property Owner(s) Re: Application Case No. ATTORNEYS AT LAW 200 RAST CARLTON AVE„ SUITE 31 POST OrFICE Box1150 MERIDIAN, IDAHO 83680-1150 Tet (208)288-2499 rAX(208)288*2501 E-MAR,:@WPPMa.coM October 1, 2001 AUP-01-012 NAMPA OFFICE 5700 e. FRANKLRQ RD., STE. 200 NAMPA, IDAHO DA87-8402 TEL.()466-0405 FAX208) PLEASE REPLY TO MERIDIAN OFFICE R T�, i b� UflP, l 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 Coininission shall be presented to the City Council at the public hearing on the above reference 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: 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 That you careful lyy complete (be sure it is leggible) the Position Statement if you disa ree with the Findings anc> Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Cleric's office. It is recommended thatyou ppre are 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 (S) copies. The copies will be Cresented to the Mayor, Council, Planning and Zoning Administrator, Public Wor-l's and the ity 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 tr ly yours, 4X4�' City Attorney's Office IY/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ACCESSORY USE PERMIT FOR A FAMILY DAYCARE FOR 5 OR FEWER CHILDREN IN AN R-8 ZONE MARY C. FLOWER, Applicant Case No. AUP-01-012 RECOMMENDATION OF DENIAL TO CITY COUNCIL 1. The property is located at 962 E. Cougar, Meridian, Idaho. 2. The owner of record of the subject property is Mary C. Fowler of same address. 3. Applicant is owner of record. 4. The subject property is currently zoned R-8. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section I1-7-2. 5. The proposed application requests an accessory use permit for a family day care for 5 or fewer children. The R-8 zoning designation within the City of Meridian Zoning and Development Ordinance requires an accessory use permit be obtained for the use requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). RECOMMENDATION TO CITY COUNCIL - I ACCESSORY USE PERMIT — MARY. C. FOWLER — FAMILY DAY CARE FOR 5 OR FEWER CHILDREN IN AN R-8 ZONE 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute an accessory use as determined by City Policy. 8. The Planning and Zoning Commission took in to consideration the concerns of various neighbors including Monty & Kim Rigenhagen, Carl and Donna Feeler, and Dave and Denise Hall. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the accessory use permit as requested by the applicant, finding that: a. The accessory use would be detrimental to the neighborhood in terms of excessive traffic and noise. b. The applicant stated that her intention was to operate a group daycare with 6-12 children but that the accessory use permit would enable her to begin the operation more quickly with the smaller accessory use for up to 5 children. ey/Z:\Work\M\Meridian\Meridian 15360M\Recommendations\AVP01012Fowlerdaycare.wpd RECOMMENDATION TO CITY COUNCIL - 2 ACCESSORY USE PERMIT — MARY. C. FOWLER — FAMILY DAY CARE FOR 5 OR FEWER CHILDREN IN AN R-8 ZONE September 17, 2001 AUP 01-012 MERIDIAN PLANNING & ZONING MEETING September 20, 2001 APPLICANT Mary C. Fowler ITEM NO. 6 REQUEST Public Hearing -- Request for an Assessory Use Permit for the operation of a Family Day Care for five or fewer children in an R-8 zone for Mary C. Fowler -- 962 East Cougar Street 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: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS No Comment See attached comments "No Remarks" "No Comment" See attached comments See attached comments No Comment OTHER: Contacted:Mft Q Date: C1 I Phone: Materia Ispresented at public meetings shall become property of the City of Meridian. 5 --1- G 2 5'-I Sep 07 01 01:09p Meridian Fire Department B950390 p.1 NUB OF TREASURE VALLL -"' MAYOR LEGAL DEPARTMENT Robert D. Corrie A Good Place to Live (303) 233-2499 • Fax 238-2501 CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS Run Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 387-2211 •Fax 887-1297 Keith Bird MERIDIAN, IDAHO 836.32 Tammy deWeerd (208) 888.1.133 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 384-5533 • Fax 388.6854 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: September 13, 2001 Transmittal Date: August 22, 2001 Hearing Date: September 20, 2001 File No.: AUP 01-012 Request: Assessory Use Permit for the operation of a Family Day Care for five or - fewer children in an R-8 zone for Mary C. Fowler By: Mary C. Fowler Location of Property or Project: 962 East Cougar Street 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, P17- (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Ron Anderson, CIC Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR, vAc, FP) Building Department q�—Fire Department Police Department City Attorney City Engineer City Planner Parks Department (R si*m AZ -27 FP -24 PPIPFP-20 VARNAG-20 CUP .25 Meridian School District (No FP) Meridian Post Office (FP/PPonly) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Img. District Settlers Irrigation District Idaho Power Co. (FP/PP ony) U.S. West (FP/PPonly) Intermountain Gas (FPiPP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation only) RECEIVED ?f11 City of Meridian City Clerk fice SEP 07 '01 13:53 RqSn7Rc3 poop a1 09/05/2001 11:42 2088885052 SANITARY SERVICE Meridian School District (No FP) HUB OF TREASURE VALLI MAYOR Bill Nary, P2 (No vAR, vac, FP) Robert D. Corrie A Good Place to Live Community Planning Assoc. CITY OF MERIDIAN CrrY COUNCIL I (EMBERS Robert Corrie, Mayor Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) S88 -4x33 • Fax (208) 887-4813 Cheric McCandless City Clerk Office Far (208) 888-4218 PAGE 03 LEGAL DEPARTMENT (208) 288.2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 387-2211 • Fax 887. 1297 PLANNING AND ZONING DEPARTNIENr (203) 384.5533 • Fax 388.6854 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 Clerks Office Attn: Will Berg, City Cleric, by: September 13. 2001 Transmittal Date: August 22, 2001 File No.: AUP 01-012 Request: Assessory Use Pennit for the fewer children in ah, R-8 zone By: Mary C. Fowler Location of Property or Project: 962 East I Hearing Daae: September 20, 2001 )enation of a Family Day Care for five or r Mary C. Fowler Street 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, P2 (No vAR, vac, FP) Ada County Highway District Keven Shreeve, Piz (No VAR, vAc, FP) Community Planning Assoc. Keith Borup, P/Z (No vAR vAc FP) Central District Health Robert Corrie, Mayor Nampa Meridian Irrtg. District Ron Anderson, C/C Settlers Irrigation District Tammy deWeerd, C/C Idaho Power Co, (FP/PP only) Keith Bird, C/C U.S. West (FPiPP ony) Cherie McCandless, C/C. Intermountain Gas (FPiPPooy) Water Department Bureau of Reclamation (FP/PP only) Sewer Department Sanitary Service Idaho Transportation Department (No FP) (No vAR, vAG FP) \ Ada County (Annexeson only) ' Building Department Your Concise Remarks: Fire Department ' Police Department a City Attorney City Engineer City Planner Parks Department (Rr.►omW ' AZ • 21 FP 24 PP/PFP • 24 VMNP4 , 20 1UP.10 ' ECSE's, , ."' , SEP 05 '01 12:41 2088885052 PAGE.03 cn O Z c m CD m r- 0 O r f 1 _ l ■ , cn O Z c m CD m r- 0 O 9 Film w m0 •• r ©0n0�©0 r I r r i i 1 I' t 9 CENTRAL CENThAL DISTRICT HEALTHr® TMENT DISTRICT HEALTH ccle re Environmental WealthDivis*ECEIVED DEPARTMENT AUG Rezone # Conditional Use # Preliminary / Final / Short Plat 1. We have No Objections to this Proposal. —0 MW 2, We recommend Denial of this Proposal. EJ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 4. We will require more data concerning soil conditions on this Proposal before we can comment. 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: Q high seasonal ground water Q waste flow characteristics Q or bedrock from original grade Q other 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: Q central sewage Q community sewage system Q community water well Q interim sewage Q central water Q individual sewage Q individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: Q central sewage Q community sewage system Q community water Q sewage dry lines Q central water 10. Run-off is not to create a mosquito breeding problem. 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 13. We will require plans be submitted for a plan review for any: Cl food establishment Q swimming pools or spas Q child care center Q beverage establishment Q grocery store 14. �� c ,-� SS's .,.✓ S., ��s� ,s�1� Date: ll� Z'r w�i'�I!s rP Reviewed By: Aid Review Sheet DATE PROJECT NUMBER PROJECT NAME PUBLIC HEARING SIGN-UP SHEE A - A u P. -L I - L" V2- �nl s L, NAME FOR AGAINST WAY/1 flal"T_ Ly 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 September 20, 2001, for the purpose of reviewing and considering the application of Mary C. Fowler for an Assessory Use Permit for the operation of a Family pay Care for five or fewer children in an R-8 zone for Mary C. Fowler located at 062 East Cougar Street. 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 this 22nd of August, 2001 s WILLIAM G. BERG, JR., MY, ,ERK j, t" PUBLISH 31st of August and 14 of September, 2001,��' � iii Now O O N vm O O O O O O O O M 1-1 O O M W Now O O N vm O O O O O O O O M 1-1 O O M Donald and Wendy Curry Monty aigenhagen and Kay Kimberly 2638 North Mule Deer Way 2613 North Caribou Way Meridian, ID 836423487 Meridian, ID 83642-3475 Gene and Terri Jones Carl and Donna Feeler 962 East Cougar Street 2596 North Caribou Way Meridian, ID 83642-3476 Meridian, ID 836423475 Jack and Pamela Murphy Mary Fowler 949 East Cougar Street 962 East Cougar Meridian, ID 83642-3476 Meridian, ID 83642 SAn�t 8 ( 2-T 10 Michael and Linda Highbarger 950 East Cougar Street Meridian, ID 83642 David and Denise Hall 2582 North Caribou Way Meridian, ID 83642-3475 August 30, 2001 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 i RECEIVED AUG 3 1 2001 C177Y OFER to 3< r 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: AUP 01-012 Accessory Use Permit for Family Day Care for Mary C. Fowler Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above-mentioned application. Sincerely, 6WI Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT Cc: File — Shop File -- Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 HUB OF TREASURE VALLEY MAYOR LEGAL DEPARTMENT Robert D. Come A Good Place to Live (208) 288-2499 • Fax 288-2501 OF MERIDIAN PUBLICWORKS CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO gUIL BUILDING RT1v1ENT (208) 387-2211 • Fax 387-1297 Keith Bird i✓IERIDIAN, IDAHO 83642 Tammy deWeerd (308) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-1318 DEPARTMENT Cherie McCandless (208)884-5533 •Fax 888-6851 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: September 13, 2001 Transmittal Date: August 22, 2001 Hearing Date: September 20, 2001 File No.: AUP 01-012 Request: Assessory Use Permit for the operation of a Family Day Care for five or - fewer children in an R-8 zone for Mary C. Fowler By: Mary C. Fowler Location of Property or Project: 962 East Cougar Street 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 t Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department o?"ide,wonw 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. (FPIPPonly) U.S. West (FP/PPonly) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation only) AZ -27 FP -24 PPIPFP-28 VARNAC- 20 CUP -28 RECEIVED FY F RII)IXIN AUG 3 20`011 `t11 NVASTEWMER DEPT. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless KUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO NIERIDIAN, IDAHO 83612 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 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 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: September 13, 2001 Transmittal Date: August 22, 2001 Hearing Date: September 20, 2001 File No.: AUP 01-012 Request: Assessory Use Permit for the operation of a Family Day Care for five or - fewer children in an R-8 zone for Mary C. Fowler By: Mary C. Fowler Location of Property or Project: 962 East Cougar Street 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 Come, 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 Your Concise Remarks: City Planner Parks Department (Re,idemw onto AZ -21 FP•24 PPIPFP-28 VARNAC- 20 CUP •28 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) RECEIVED ♦Ill CIT €. MERI ..i. 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: September 13, 2001 Transmittal Date: August 22, 2001 Hearing Date: September 20, 2001 File No.: AUP 01-012 Request: Assessory Use Permit for the operation of a Family Day Care for five or fewer children in an R-8 zone for Mary C. Fowler By: Mary C. Fowler Location of Property or Project: 962 East Cougar Street 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 Come, 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) Meridian School District (No FP) Meridian Post Office (FP/PP ony) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) U.S. West ,(FP/PPonly) Intermountain Gas (FP/PPony) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada Co,ynty (Arn)nexatan ony),, Building Department Your Concise Remarks: _!y= Fire Department Police Department City Attorney City Engineer City Planner Parks Department (R -w- twonw AZ • 27 FP • 24 PPIPFP • 24 VAMAC • 20 CUP • 20 NUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 •Fax 288-2501 Robert D. Corrie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 •Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 Cherie McCandless 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: September 13, 2001 Transmittal Date: August 22, 2001 Hearing Date: September 20, 2001 File No.: AUP 01-012 Request: Assessory Use Permit for the operation of a Family Day Care for five or fewer children in an R-8 zone for Mary C. Fowler By: Mary C. Fowler Location of Property or Project: 962 East Cougar Street 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 Come, 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) Meridian School District (No FP) Meridian Post Office (FP/PP ony) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) U.S. West ,(FP/PPonly) Intermountain Gas (FP/PPony) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada Co,ynty (Arn)nexatan ony),, Building Department Your Concise Remarks: _!y= Fire Department Police Department City Attorney City Engineer City Planner Parks Department (R -w- twonw AZ • 27 FP • 24 PPIPFP • 24 VAMAC • 20 CUP • 20 Project Name: Mary C. Fowler File No. AUP O 1-012 Cgry R..OV E Cert "HC" EV— Contact Name: Mary C. Fowler Phone: 376-1251 Recorded Date Received from Planning and Zoning Department: Planning and Zoning Level: Transmittals to agencies and others: ® Notice to newspaper with publish dates: R1 Certifieds to property owners: August 21, 2001 Wearing Date: September 20, 2001 August 22, 2001 31 -Aug -01. and 14 -Sep -01 Alx � 7Z,, ILL �] Planning and Zoning Commission Recommendation: L_J Approve LXJ Deny Notes: City Council level: Wearing Date; ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: and ❑ Certifieds to property owners: ❑ City Council Action: ❑ Approve [ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order:PMI ICMC " MMMbVk ❑ Approved by Council: Approved Cgry R..OV E Cert "HC" EV— Copies Disbursed:° EJFindings Recorded CMP�'QVrWCKt Ap*.14(-�CPA.) Development Agreement; OICMW " V,.4:�dad Mm&b`°K ❑ Sent for signatures: Cwae.b C.— 6�k Tre.�rer, Au9�, Aweasor ',kdW ❑ Signed by all parties: s*Ir®C.. Ah—y"RV— "H Approved by Council: PW— P�pd A (d.W) [� Recorded: '�t°rt CW -b: APPPO t ❑ Copies Disbursed: EV - Ordinance No. Resolution No. Reed v—V: rMbs... Approved by Council: Rs Md DNebpr 1 Agr..ne+Rb: 6V,.*MW 0*- ❑ Recorded: Deadline: 10 days r CtrlPorter ❑ Published in newspaper: ❑ Copies Disbursed: Notes: HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 Robert D. Corrie CITY"V* MITH11RUMAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • Fax (208) 887-4813 PLANNING ANDZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 NT DEPA(208) Cherie McCandless 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: September 13, 2001 Transmittal Date: August 22, 2001 Hearing Date: September 20, 2001 File No.: AUP 01-012 Request: Assessory Use Permit for the operation of a Family Day Care for tive or fewer children in an R-8 zone for Mary C. Fowler By: Mary C. Fowler Location of Property or Project: 962 East Cougar Street 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 Your Concise Remarks: City Planner Parks Department (Reswnvatonlo AZ -27 FP -24 PPIPFP-20 VARIVAC- 20 CUP -20 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) Sent By: City of Meridian; 8886854; Jul -26-01 10:56AM; CITY OF MERIDIAN Planning & Zoning Department 660 E.:Watertower Ln., Ste. 202, Meridian, ID 83642 (208)8845533 Phone / (208)888-6854 Fax Page 1 i . ACCESSORY USE AkPLICATION �� APP�,ICANT: Phone: (Owner or der of valid option) ADI)k S S: q6 l GE I RAL LOCATION: 00—act 6 —rod, FNroJ LEG4 DESCRIPTION OF PROPERTY (Attach description if) hy): l� Y )F OF OWNERSTAI': Copy of property deed nnst be attached, with option agreement and zed consent of owner if applicant is not legal owner. OF PARCEL OR LOT: e OX0 ZONING CLASSIFICATION: eS_ CALb MY SKETCH: A vicinity map at a scale approved by the City showing property lines, ;nt uses, streets existing and such other items as the City may require. Also include a site plan and vbrd areas. ( ` j SUR1 OJJNDING PR.OPER,:rY OWNERS: Provide a list of names and addresses of all abutting prop$rty 2�=. Abutting land includes parcels across the street on alleys and kitty corner from prop4rty, including where a street or alley is between your property and the other property. (Thies infonpnation will be provided by City of Meridian.) DESCRIPTION OF REQUESTED ACCESSORY USE: r FEE Sent By: City of Meridian; 8886854; Jul -26-01 10:56AM; Page 2 1. Use made of all abutting lots or parcels: !' , 2, i Are there other accessbry uses o a s"War nature in the area? If so, state the accessory use:^� 3, Possible adverse impacts on adjacent property such as noise, trafre excess light, odor, ` etc.:�� _.. i 4. 4 Do you agree to pay increased sewer, water or trash fees if such are required due to increased use? ' 5. If the accesso use includes construction of a building on the lot or parcel, complete the following: a Will all parts c' f the accessory building be located within the lot or parcel? f b. Is the primary. building already constructed?____,--ry c. is the accessory building to be attached to the primary building. build ? d. Will the accessory building be constructed in the rear yard of the primary ung e. Will the accessory building occupy less than 40% of the required rear yard for the primary structuure? £ If the answerto the above is no, will the accessory structure be connected to the primary structure and will both the primary and accessory structure then meet all yard and court requirements? t g. Does the height of the accessory building exceed 15 feat? h. If the lot or parcel is zoned commercial, is any abutting property zoned residential and, if so, will the accessory use occupy any of the front yard? - 6. ` If the accessory use is for a Family Child Care Home, complete the following: a. Is a State of Idaho basic day care license required for this type of facility?u.., r �� ,, u If so, attach a copy of your license. 65 � b. Have you applied for or received an occupancy permit? If so, attach a copy of your application or permit. CVtA�' C. Is one off-street parking space per employee provided? d. If the home i� located on an arterial or collector, is an off-street child pick-up area provided? — e, Is screening of a&Jacent properties provided?� f. is the play area for the children fenced from str s and neighbors? If so, what isihe fence height and type of construction? 7. If the accessory use is for a hoe occupation, complete the following: rs a, Are only family members residing in the principal residence?P e a5 $ home occu ation ' idental ar�d subordinate to its use b. Is the use of the resi ienc P as a residence? c. Will the home occupation use more than 25% of the floor area of the dwelling?' 2 Sent By: City of Meridian; 8886854; Jul -26-01 10:56AM; Page 3 d. Will any item be offered for sale that is not produced by the dwelling occupants of the premises? e. Will meehamcal or electrical equipment be installed or maintained other than such as is customarily: incidental to domestic use? j £ How much traffic will be generated by the occupation? g. Will off-street parking requirements be met? h. Will off-street parking requirements be located in required front yard? i. Will equipmerit or processing create noise, vibrations, glare, fumes, odor, o electrical i interference detectable to the normal senses off the lot? — J. Will the appearance of the residence be altered or the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of consttuction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interfierence?_� l� I hereby certify that the infor.uFtion agntained herein is ta correct. SIGNATURE; SOCIAL SECURITY N DATE • t ' STAVE OF IDAHO ) ss. County of Ada) On this. ? day of , 20 before me, the undersigned., a Notary Public in and fir said State, personally ap ed _„ , known, or proved to me, to be the p�rson(s) whose nwne(s) is (are) subscribed the within instrument, and acknowledged to me that he/she/they executed the same. IN WITNESS 'WHEREOF, I have hereunto set my hand and affixed my official seal, the day andyear in this certificate fitst above written. ti Notary Puhl'c or Idaho ti k Residing (SEAT.) �,, . q My Commission Expires... 1 AUGF, vED 3 Z061 8/9/2001 CIT R1D'U',rs This letter is in response to the Notice of Applicatidff th V;Wi 4 [r home regarding the operation of a Family Day Care at 962 E, Cougar Street. We strongly object to this proposal and are against granting approval of this application for the following reasons: There already is a heavy flow of traffic through our neighborhood. Operation of a day care facility would increase traffic beyond current levels by many cars a day, more than likely in the early morning hours and at the peak traffic periods of the afternoon. Often times people that travel through our neighborhood drive very fast, and round the corner at Caribou Way & Cougar Street too quickly. This would create an unsafe condition for children if a day care were present at the proposed address. We understand that two day care facilities are already operating within our neighborhood and the addition of another would increase the quantity of traffic even further. 2. Our children's bedrooms adjoin the back yard of the home of this proposed day care. Our children take naps, which would pose a problem with the noise level that surrounds an operating day care. 3. We would not purchase a house knowing that a day care center was operating in the adjoining residence. Therefore, it is certainly not out of the question that if we ever chose to sell our home we could lose a potential buyer for this very same reason. It is upsetting to consider that the value of our home may decline due to the fact that a day care was located next door. If you have any questions regarding this letter, please feel free to contact us at 884- 5620. Thank you for your consideration of our opinion regarding this very important matter, Sincerely, A� (a� "*Ilmt q,fam 2 Monty & Kim Rigenhagen 2613 N. Caribou Way Meridian, ID 1" Eu AUG 13 2001 y 4 MERIDIAN August 12, 2001 Shari Stiles Zoning Administrator City of Meridian 660 E. Watertower Lane, Suite #202 Meridian, Idaho 83642 Re: Application for "Family Day Care" at 962 E. Cougar St., Meridian, Idaho Dear Ms. Stiles: We live across the street (2596 N. Caribou Way) from the proposed Day Care/Preschool. We have some concerns that should be given careful consideration prior to your approval of this application. They are: 1. Number of children. Your notice of application letter states five or fewer children. The applicant, Mary Fowler, has informed us there will be six to twelve children. 2. The existing traffic flow in this area is quite heavy. Adding twelve to twenty-four additional automobile trips a day seems excessive. 3. We are retired and spend a great deal of time at home. Normal neighbor noise is expected, but to add up to twelve more children at one location across the street is leading toward noise pollution. 4. We have real concerns about the negative property value for the homes located in the close proximity of this proposed commercial business. We would not purchase a home this close to a business, and we are sure the majority of potential buyers would feel the same. Thank you for giving us the opportunity to express our concerns and opinions on this application that has a very strong effect on our neighborhood. Si erely, Carl and Donna Feeler 2596 N. Caribou Way Meridian, Idaho 83642 (208)884-2424 Shari Stiles Zoning Administrator City of Meridian 660 E. Watertower Ln. Suite 9202 Meridian, Idaho 83642 August 3, 2001 Re: Accessory Use Permit (Mary Fowler) We want to register our objection to the Accessory Use Permit for the operation of a Family Day Care center applied for by Mary Fowler. We live across the street from 962 E. Cougar St. and do not want the additional traffic and noise associated with the day care. We also believe the existence of a day care across the street will make it more difficult to market our own property when the time comes. Sincerely, Dave and Denise Hall 41 AUG 0 7 F "G Dave & Denise Hall 2582 N. Caribou Way Meridian, ID 83642 Shari Stiles Zoning Administrator City of Meridian 660 E. Watertower Ln. Suite 9202 Meridian, Idaho 83642 August 3, 2001 Re: Accessory Use Permit (Mary Fowler) We want to register our objection to the Accessory Use Permit for the operation of a Family Day Care center applied for by Mary Fowler. We live across the street from 962 E. Cougar St. and do not want the additional traffic and noise associated with the day care. We also believe the existence of a day care across the street will make it more difficult to market our own property when the time comes. Sincerely, Dave and Denise Hall 41 MARY FOWLER - 962 E. COUGAR ABUTTING PROPERTY OWNERS CURRY DONALD EARL JR & CURRY WENDY E 2620 N MULE DEER WAY MERIDIAN ID 0642-34'07 RIGENHAGEN MONTY F & KIMBERLY KAY 2619 N CARIBOU WAY MERIDIAN ID 83642-34-75 NIGNBARGER MICHAEL D NIGNBARGER LINDA A 950 E COUGAR ST MERIDIAN ID 83642-0000 JONES GENE JONES TERRI A 962 E COUGAR ST MERIDIAN ID 83642.3476 FEELER CARL E & FEELER DONNA R 2596 N CARIBOU WAY MERIDIAN ID 83642-3475 HALL DAVID F & HALL DENISE M 2582 N CARIBOU WAY MERIDIAN ID'036423475 MURPHY JACK ALAN & PAMELA GAY 949 E COUGAR ST MERIDIAN ID 83642-3476 t, "�� A X, I I C�Lu\- --I ----------- I m I 1 2 3 REALTOR® 10 11 12 13 14 � k 1), /UCy&/I GOP y REAL ESTATE PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY t� tri EOUAL NOUNNO OPPORTUNITY THIS IS A LEGALLY BINDING CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING THE GENERAL PRINTED PROVISIONS AND ATTACHMENTS. IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT BEFORE SIGNI NO iD#.023283 DAT 1. REAL ESTATE OFJCES: Listing Agency Selling Agency Listing Agent Name Selling Agent Name Phone #(office).A 1=(home) Phone#(office) (home) 2. (Hereinafter called "BUYER") 15 agrees to purchase, and the ulnd ' ned SELLER a rees to sell the follow' g described real estate a inafter referred to as "PREMISES" COIMMO LY 16 KNOWN AS �G . City e ►r' County Idaho, Zip CO 17 legally described as: ❑ 18 OR ❑ Legal Description Attached: Attachm9p must acc pany o inal o er. r 19 3. T9TAL PURCHASE PRICE: t4[JeDOLLARS, 20 payable upon the following TERMS AND CONDITIONS ( Not incl u i g cl st ng c s 21 22 4. FlfJANCIAL TERMS: Note: A+C+D+E must add up to total purchase pri�,tcSept for 100% financing 23 A. EARNEST MONEY: BUYER hereby deposits '�rjj LV% DOLLARS as Earnest 24 Money evidenced by: ❑ cash W personal check ❑ cashier's check ❑ note due ❑ other 25 and a receipt is hereby acknowledged. Earnest Money to bed osited in trust accou pon ceptance by all parties and shall be 26 held by: ❑ Listln Broke ❑ Selling Broker Mother of 1 CGLyl —for the benefit of the parties 27 hereto, and C (Br ker) shall hold the domplletel executed Brokers copy of 28 this Agreement. The responsible Broker shall be 29 ��,{{ 30 B. ALL CASH OFFER: ❑YES D NO If this is an all cash offer do not complete lines 31 through 59, fill blanks with N.A. 31 $ �� �. _ C. NEW LOAN PROCEEDS: This Agreement contingent upon BUYER obtaining: ❑FHA ❑ VA �CONVEN ❑IHFA 32 ❑RD OTHER FIRST LOAN of $ �LLr not including mortgage 33 insurance, with interest not to exceed fora period of .30 year(s) at: ®fixed rate ❑other 34 BUYER shall pay no more thanoint(s) plus origination fee if priy. SELLER shall pay no more 35 than point(s). Any reduction in points shall first accrue to the benefit of the JYERELLERvided Equally. 36 37 BUYER shall apply for such loan within business day(s) of SELLER's acceptance. Within-3—business days of final 38 acceptance of all parties, BUYER agrees to furnish SELLER with a written loan commitment showing lender approval of credit 39 report, income verification, debt ratios and subject only to satisfactory appraisal and final lender underwriting, If such 40 written commitment is not received by SELLERS within the strict time allotted, SELLERS may at their option cancel this agreement 41 by notifying BUYERS in writing of such cancellation. If an appraisal is required by lender, the property must appraise at not less 42 than purchase price or BUYER's Earnest Money may be returned at BUYER's request. 43 44 FHA I VA. If applicable, it is expressly agreed that notwithstanding any other provisions of this contract, BUYER shall not be 45 obligated to complete the purchase of the property described herein or to incur any penalty or forfeiture of Earnest Money deposits 46 or otherwise unless BUYER has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal 47 Housing Commissioner, Veterans Administration or a Direct Endorsement lender setting forth the appraised value of the property of 4e not less than the sales price as stated in the contract. BUYER shall have the privilege and option of proceeding with consummation 49 of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the 50 maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value or the 51 condition of the property. BUYER should satisfy himself/herself that the price and condition of the property are acceptable. It is 52 agreed that any item included in section 7 is of nominal value less than $100. 53 $ D. ADDITIONAL FINANCIAL TERMS: 54 ❑ Additional financial terms are specified under the heading "OTHER TERMS AND/OR CONDITIONS" (Section 5). 55 ❑ Additional financial terms are contained in a FINANCING ADDENDUM of same date, attached hereto, signed by both parties. 56 E. APPROXIMATE FUNDS DUE AT CLOSING: Cash at closing, not including closing costs, to be paid by BUYER at closing, 57 In GOOD FUNDS, which includes: cash, electronic transfer funds, certified check or cashier's check. Any net difference 58 between the approximate balances of the loan(s) shown above, which are to be assumed or taken subject to, and the actual 59 balances of said loan(s) at closing of escrow shall be adjusted in []Cash ❑Other: 60 BUYn ELLER acknowledge rec ip f co y of this page, which c tes Page 5 P s. 61 BUYER's Initials )(__) Date SELLER's Initial ) ate 62 This form is printed and dl4rit!ut0Sy the Idaho Association of REALMRM, Inc. / Ada County Associ n EALTORS , nc his form has bbiend signed for and 63 is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are so members of th ational Association of REALTORS& 64 USE BY ANY OTHER PERSON IS PROHIBITED. 65 Copyright Idaho Association of REALTORS®, Inc. / Ada County Association of REALTORS®, Inc. All rights reserved. 66 R.E.21 EFFECTIVE DATE 08/00 67 68 1 t 'r% 4AntC=Q'.4.` IfftrN N/ <7 f err t BL1 38 PURCHASE & SALES AGREE N'i 69 X21 PAGE 2 70 PROPERTY ADDRESS: 2 71 LG ID#: 02 72 5. OTHER TERMS AND/OR CONDITIONS: 73 74 75 76 6. OCCUPANCY: BUYER does ❑ does not intend to occupy property as BUYER'S primary residence. 77 7. ITEMS INCLUDED & EXCLUDED IN THIS SALE: All existing fixtures and fittings that are attached to the property are INCLUDED IN THE 78 PURCHASE PRICE (unless excluded below), and shall be transferred free of liens. These include, but are not limited to, all attached floor coverings, attached 79 television antennae, satellite dish and receiving equipment, attached plumbing, bathroom and lighting fixtures, window screens, screen doors, storm windows, 80 storm doors, window coverings, garage door opener(s) and transmitter(s), exterior trees, plants or shrubbery, water heating apparatus and fixtures, attached 81 fireplace equipment, awnings, ventilating, cooling and heating systems, built-in and "drop-in" ranges (but excepting all other ranges), fuel tanks and irrigation 82 fixtures and equipment, all water systems, wells, springs, water, water rights, ditches and ditch rights, if any, that are appurtenant thereto that are now on or 83 used in connection with the premises and shall be included in the sale unless otherwise provided herein. 84 The following additional items are specificall}� 85 A. INCLUDED IN THIS SALE:. 1 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 tot 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 126 129 130 131 132 133 134 135 136 B. EXCLUDED IN THIS SALE 8. TITLE CONVEYANCE: Title of SELLER is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable except for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances of any governmental unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharged by SELLER may be paid out of purchase money at date of closing. No liens, encumbrances or defects, which are to be discharged or assumed by BUYER or to which title is taken subject to, exist unless otherwise specified in this Agreement. 9. TITLE INSURANCE: ( A ) TITLE COMMITMENT: Prior to closing the transaction,1111 * 1001 SELLER or ❑ BUYER shall furnish to BUYER a commitment of a title Insurance policy showing the condition of the title to said premises. BUYER shall have business day(s) from receipt of the commitment or not less than twenty-four (24) hours prior to closing, within which to object in writing to the condition of the title as set forth in the commitment. If BUYER does not so object, BUYER shall be deems to have accepted the conditions of the title. It is agreed that if the title of said premises is not marketable, or cannot be made so within business day(s) after notice containing a written statement of defect is delivered to SELLER, BUYER's Earnest Money deposit will be returned to BUYER and SELLER shall pay for the cost of title insurance cancellation fee, escrow and legal fees, if any. (B) STANDARD COVERAGE OWNER'S POLICY: SELLER shall within a reasonable time after closing furnish to BUYER a title insurance policy in the amount of the purchase price of the premises showing marketable and insurable title subject to the liens, encumbrances and defects elsewhere set out in this Agreement to be discharged or assumed by BUYER. The risk assumed by the title company in the standard coverage policy is limited to matters of public record, ( C ) EXTENDED COVERAGE LENDER'S POLICY (Mortgagee policy): The lender may require that BUYER (Borrower) furnish an Extended Coverage Lender's Policy. This extended coverage lender's policy considers matters of public record and additionally insures against certain matters not shown in the public record. This extended coverage lender's policy is solely for the benefit of the lender and only protects the lender. (D) EXTENDED COVERAGE OWNER'S POLICY: A standard title policy does not cover certain potential problems or risks such as liens (i.e. a legal claim against premises for payment of some debt or obligation, boundary disputes, claims of easement and other matters of claims if they are not of public record at time of closing.) However, under Idaho law, such potential claims against the premises may have become legal obligations before the purchase of the home and yet may not be of public record until after the purchase. It is recommended that BUYER talk to a title company about what it offers in the way of extended coverage title policies and endorsements. This extended coverage owner's policy is for the benefit of the owner and provides similar coverage like provided by the extended coverage lender's policy. Extended Coverage Owner's P0.11cy requested ❑Yes WOW. Additional premium paid by: OBUYER ❑SELLER . ( E ) The parties agree that Title Company shall provide title policy and preliminary report of commitment. B YER nd SELLER acknowledge receipt of copy of this page,which co to Pa o45Fages. BUYER's Initials )() Date SELLER's Initials te CJ This form is printed and distributed by the Idaho Association of REALTORS®, Inc. / Ada County Association ofR ACTORS®, Inc. This form has been designed for and is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS& USE BY ANY OTHER PERSON IS PROHIBITED. Copyright Idaho Association of REALTORS®, Inc. / Ada County Association of REALTORS®, Inc. All rights reserved. R.E.21 EFFECTIVE DATE 08/00 Brokers Com 136 PURCHASE & SALES AGREEMEN E21 PAGE 3 137 `G Co 02-:3Z 138 PROPERTY ADDRESS: ID#. 139 10. INSPEC ON: BUYER shall have the right to conduct Inspections, investigations, tests, surveys and other studies at BUYER'S expense, BUYER 140 shall, within -business day(s) of acceptance, complete these Inspections and give to SELLER written notice of items disapproved of. BUYER is 14, strongly advise to exercisq these rights and to make BUYER's own selection of professionals with appropriate qualifications to conduct Inspections of the 142 entire property. 143 BUYER's acceptanc of the condition of the property is a contingency of this Agreement. 144 FHA INSPECTION REQUIREMENT, If applicable: ,For Your Protection: Get a Home Inspection", HUD 92564-CN must be signed on or before 145 execution of this agreement. 146 BUYER chooses imto have inspection; ❑not to have inspection. If BUYER chooses not to have inspection skip lines 147 to 163 147 SATISFACTION/REMOVAL OF INSPECTION CONTINGENCIES: 148 1. If BUYER does not within the strict time period specified give to SELLER written notice of items disapproved of, BUYER shall conclusively be deemed to 149 have: (a) completed all Inspections, investigations, review of applicable documents and disclosures; (b) elected to proceed with the transaction and (c) 150 assumed all liability, responsibility and expense for repairs or corrections other than for items which SELLER has otherwise agreed in writing to repair or correct. 151 2. If BUYER does within the strict time period specified give to SELLER written notice of items disapproved of, BUYER shall provide to SELLER pertinent 152 sections) of written Inspection reports. SELLER shall have Z_business day(s) In which to respond in writing. The SELLER, at their option, may 153 correct the items as specified by the BUYERS in their letter or may elect not to do so. If the SELLER agrees to correct the Items asked for in the BUYERS 154 letter, then both parties agree that they will continue with the transaction and proceed to closing. This will remove the BUYERS inspection contingency. 155 3.If the SELLER elects not to correct the disapproved items, then the BUYER(S) have the op4on of either continuing the transaction without the SELLER being 156 responsible for correcting these deficiencies or giving the SELLER written notice within business days that they will not continue with the transaction 157 and will receive their Earnest Money back. 158 4. If SELLER does not respond within the strict time period specified, BUYER shall have the right to cancel this agreement in writing. 159 5. If BUYER does not give such written notice of cancellation within the strict time periods specified, BUYER shall conclusively be deemed to have elected to 160 proceed with the transaction without repairs or corrections other than for items which SELLER has otherwise agreed in writing to repair or correct. 161 SELLER shall make the property available for all Inspections. BUYER shall keep the property free and clear of liens; indemnify and hold SELLER harmless 162 from all liability, claims, demands, damages and costs; and repair any damages arising from the Inspections. No Inspections may be made by any 163 governmental building or zoning Inspector or government employee without the prior consent of SELLER, unless required by local law. 164 165 SQUARE FOOTAGE VERIFICATION: BUYER IS AWARE THAT ANY REFERENCE TO THE SQUARE FOOTAGE OF THE REAL PROPERTY OR 166 IMPROVEMENTS IS APPROXIMATE. IF SQUARE FOOTAGE IS MATERIAL TO THE BUYER, IT MUST BE VERIFIED DURING THE INSPECTION PERIOD. 167 168 11. SELLER'S PROPERTY DISCLOSURE FORM: If required by Title 55, Chapter 25 Idaho Code SELLER shall within ten (10) days after execution of 169 this Agreement provide to BUYER "SELLER's Property Disclosure Form" or other acceptable form. -BUYER has received the "SELLER's Property Disclosure 170 Form" or other acceptable form prior to signing this Agreement: ❑Yes PNo ❑N/A 171 12. LEAD PAINT DISCLOSURE: The subject property ❑is As not defined as "Target Housing" regarding lead-based paint or lead-based paint 172 hazards, If yes, BUYER hereby acknowledges the following: (a) BUYER has been provided an EPA approved lead-based paint hazard information pamphlet, 173 "Protect Your Family From Lead in Your Home". ( b ) Receipt of Seller's Disclosure of Information and Acknowledgment Form and have been provided with all 174 records, test reports or other information, if any, related to the presence of lead-based paint hazards on said pro it y (c) That this contract is contingent upon 175 BUYERS right to have the property tested for lead-based paint hazards to be completed no later than - - or the contingency will 176 terminate. (d ) That BUYER hereby 4walves ❑does not waive this right. (e ) That, if test results show unacceptable amounts of lead-based paint on the 177 premises, BUYER has the right to cancel the contract subject to the option of the SELLER (to be given in writing) to elect to remove the lead-based paint and 178 correct the problem which must be accomplished before closing. (f) That, if the contract is canceled under this clause, BUYER'S earnest money deposit will 179 be returned to BUYER. 180 13. FINAL WALK THRyj The SELLER grants BUYER and any representative of BUYER reasonable access to conduct a final walk thru inspection of the 181 Premises approximately day(s) prior to close of escrow, NOT AS A CONTINGENCY OF THE SALE, but for purposes of satisfying BUYER that any 182 repairs agreed to in writing by BUYER and SELLER have been completed and Premises are in substantially the same condition as on acceptance date of this 183 contract. SELLER shall make Premises available for the final walk thru and agrees to accept the responsibility and expense for making sure all the utilities are 184 turned on. If BUYER does not conduct a final walk thru, BUYER specifically releases the Broker(s) of any liability. 185 14. ATTORNEY'S FEES: If either party Initiates or defends any arbitration or legal action or proceedings, which are in any way connected with this 166 Agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable costs and attorney's fees, including such costs and fees on 187 appeal. 188 15. EARNEST MONEY DISPUTE/ INTERPLEADER: Notwithstanding any termination of this contract, BUYER and SELLER agree that in the event of 189 any controversy regarding the Earnest Money and things of value held by Broker or closing agency, unless mutual written instructions are received by the holder 190 of the Earnest Money and things of value, Broker or closing agency shall not be required to take any action but may await any proceeding, or at Broker's or 191 closing agency's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall 192 recover court costs and reasonable attorney's fees. 193 16. COVENANTS, CONDITIONS AND RESTRICTIONS (C.C.& R.'S): BUYER is responsible to obtain and review a copy of the C.C.& R.'s (if 194 applicable). BUYER has reviewed C.C.& R.'s. []Yes NNo ❑N/A 195 17. SUBDIVISION HOMEOWNER'S ASSOCIATION: BUYER is aware that membership In a Home Owner's Association may be required and BUYER 196 agrees to abide by the Articles of Incorporation, By-Laws and rules and regulations of the Association. BUYER is further aware that the Property may be 197 subject to assessments levied by the Association described in full in the Declaration of Covenants, Conditions and Restrictions, BUYER has reviewed 198 Homeowner's Association Documents: ❑Yes um El N/A Association fees/dues are per 199 18. RISK OF LOSS: Prior to closing of this sale, all risk of loss shall remain with SELLER. In addition, should the premises be materially damaged by fire or 200 other destructive cause prior to closing, this Agreement shall be voidable at the option of BUYER. 201 202V:9� SELLER acknowledge receipt of copy of this page, which c stitutes PaE� of 5 Pages. 203 BUYER's Initial)_) Date SELLER's Initials )L) Date 204 "```""'''���1111 �f�'� 205 This form is printed and distributed by the Ada County Association of REALTORS®, Inc. / Idaho Association of REALTORS®, Inc. This form has been designed for and 206 is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS& 207 USE BY ANY OTHER PERSON IS PROHIBITED. 208 Copyright Idaho Association of REALTORS®, Inc. / Ada County Association of REALTORS®, Inc. All rights reserved. 209 R.E.21 EFFECTIVE DATE 08/00 210 211 Broker's Copy 211 PURCHASE 8, SALES AGREEMENT '21 PAGE 4 212 2 5 „9 213 PROPERTY ADDRESS: (�_spr � 02 �2�� 214 ID#: 215 19. BUSINESS DAY: Monday.through Friday, excluding Saturday and Sunday, and excluding holidays as defined In Idaho Code, Section 67-5302, 215 20. COSTS PAID BY: Costs in addition to those listed below maybe Incurred by BUYER and SELLER unless otherwise agreed herein, or provided 2. law 217 or required by lender, or otherwise state h rein. The below costs will be paid as indicated, Some costs are subject to loan program requirements. 215 SELLER agrees to pay up.to BUYER or SELLER has the optlon to pay any lender required repair costs in excess of this amount. lender repair costs only. 220 BUYER SELLER Shared Not Equally Applicable BUYER SELLER Shared Not Appraisal Fee Equally Applicable Title Ins. Standard Coverage Owner's Policy Appraisal Re -Inspection Fee Title Ins. Extended Coverage Lender's Policy - Mortgagee Policy Closing Escrow Fee Title Ins. Extended Coverage / «- Owners Policy y Lender Document Preparation Fee / \ Homeowner's Expanded Coverage r Endorsement Flood Ceriricatlonlrracking Fee Septic/Well Inspection Lender Required Inspections Septic Pumping Tax Service Fee Survey Attorney Con(ract Preparation Fee Fuel in Tank - Amount to be Determined by Supplier Additional Homeowner Association 21 Se /Trans er Fee '22 21. COUNTERPARTS: This Agreement maybe executed in one or more counterparts, each of which is deemed to bean original hereof, and all of which 23 shall together constitute one and the same Instrument, 24 22. ENTIRE AGREEMI t4T: This Agreement contains the entire Agreement of the parties respecting the matters herein set forth and supersedes all prior 25 Agreements between the parties respdcting such matters. No warranties, Including, without limitation, any warranty of habitability, agreements or 26 representations not expressly set forth herein shall be binding upon either party. 27 23. FACSIMILE TRANSMISSION: Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission 2e shall be the same as delivery of an original, At the request of either party or the Closing Agency, the parties will confirm facsimile transmitted signatures by 29 signing an original document. 30 24. DEFAULT: If BUYER defaults In the performance of this Agreement, SELLER has the option of: (1) accepting the Earnest Money as liquidated damages 31 or (2) pursuing any other lawful right or remedy to which SELLER may be entitled. If SELLER elects to proceed under (1), SELLER shall make demand upon 32 the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by SELLER's Broker on behalf of 33 SELLER and BUYER related to the transaction, including, without limitation, the costs of title insurance, escrow fees, credit report fees, inspection fees and 14 attorney's fees; and said holder shall pay any balance of the Earnest Money, one-half to SELLER and one-half to SELLER's Broker, provided that the amount to 15 be paid to SELLER's Broker shall not exceed the Broker's agreed -to commission. SELLER and BUYER specifically acknowledge and agree that if SELLER 16 elects to accept the Earnest Money as liquidated damages, such shall be SELLER's sole and exclusive remedy, and such shall not be considered a penaltyor 17 forfeiture. If SELLER elects to proceed under (2), the holder of the Earnest Money shall be entitled to pay the costs incurred by SELLER's Broker on behalf of :a SELLER and BUYER related to the transaction, Including, without limitation, the costs of brokerage fee, title insurance, escrow fees, credit report fees, s inspection fees and attorney's fees, with any balance of the Earnest Money to be held pending resolution of the matter. o If SELLER defaults, having approved said sale and fails to consummate the same as herein agreed, BUYER's Earnest Money deposit shall be returned to 1 him/her and SELLER shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, brokerage fees and attorney's fees, 1f any. This 2 shall not be considered as a waiver by BUYER of any other lawful right or remedy to which BUYER may be entitled, 3 25. SALES PRICE INFORMATION: The parties to this Agreement acknowledge that sales price information compiled as a result of this Agreement may 4 be provided to the County Assessor's Office by either party or by either party's Broker. 5 26. TIME IS OF THE ESSENCE IN THIS AGREEMENT. 3 27. CLOSING: On or before the closing date, BUYER and SEL shall deposit with the cl. osinq a ency all funds and instruments necessary to complete r this transaction. The closing shall be no later than (Date) Z( 3 The parties agree that the CLOSING AGENCY for this transaction shall be 3 If a long-term escrow/ collection is involved, then the long-term escrow holder shall be 3 28, POSSESSION: BUYER shall be entitled to possession upon closing or ❑date which all documents are either recorded or accepted by an escrow agent and the sale proceeds are available to SELLER. I Property taxes and water osing means the date r assessments (usin h last available assessment as a basis), rents, interest and reserves, liens, encumbrances or obligations assumed and utilities shall be pro -rated as of r BUY aryl SELLER acknowled e r celpt f copy of this page, which titutes Pa of 5 Pages. BUYER's Initials�C- )�_) Date SELLER's Initi /'��CCS'"_' )('Date '1 This form is printed and distributed by the Idaho Association of R ALTORSO, Inc. / Ada County Association o REALTORS®, Inc. This form has been designed for and is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS& USE BY ANY OTHER Copyright Idaho Association of REA TOR ® Inc / Ada County PROHIBITED.SON IS ntyy As ociat onof REALTORS®, Inc, All rights reserved. R.E.21 EFFECTIVE DATE 09/00 Broker's Copy 264 PURCHASE & SALES AGREEMEN, .,` 265 r 21 - PAGE 5 266 , PROPERTY ADDRESS: 267 c ID # 269 29. SPECIAL CONSIDERATIONS AND CONTINGENCI I This Agreerr�e�nt t de subJa j�0 the follo%Ning special considerations and/or 269 c ngencies which must be satis 'ed prior to closi C� �f. 270 t Il 271 30. RE RESENTATION CONFIR ATI N: Check one (1) box in S ction 1 and one (1) box in Section 2 below to confirm that in this 272 transaction, the brokerage(s) involved had the following relationships) with the Buyers) and Seller(s). f 273 Section 1; 274 ❑ A. The broker working with the BUYER(S) Is acting as an AGENT for the BUYER(S). 275 ❑ B. The broker working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S). 276 277 Section 2: OW C. The broker working with the BUYER(S) is acting as a NONAGENT for the BUYER(S). 278 ❑ A. The broker working with the SELLER(S) is acting as an AGENT for the SELLER(S). 279 ❑ B. The broker working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S). 281 C. The broker working with the SELLER(S) is acting as a NONAGENT for the SELLER(S). 281 Each party signing this document confirms that he or she has received, read and understood the Agency Disclosure Brochure and has elected the 282 relationship confirmed above. In addition, each party confirms that the broker's agency office policy was made available for inspection and review, 283 EACH PARTY UNDERSTANDS THAT HE OR SHE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED 284 WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. Each party signing this document understand that the above confirmation DOES NOT 285 create an agency relationship between the Broker(s) and the BUYER(S) and SELLER(S) and they are a CUSTOMER and NOT REPRESENTED by a 286 Broker UNLESS there is a SEPARATE signed written agreement as required by Idaho Statute to create that relationship. 287 288 31. ACC P 61NICE: BUYER's offer is made subject to the acceptance of SELLER on or before (Date) and 289 (Time) am*m If SELLER does not accept this Agreement within the time specified, the entir Earnest Mone shall 290 refunded to BUYER do demand. 291 y all be 292 32. BUYER'S SIGNATURES: I / we further acknowledge receipt of a true copy of this agreement. 293 IKSEE ATTACHED BUYER'SADDENDUM S 294 : ( (Specify number of BUYER addendum(s) attached.) 295 j,/ BUYER Signature BUYER Signature 296 BUYER (print Name) f BUYER (Print Name) 297 Date16 Time . � � f /'� © a pm Phone # - 6 Date 298 Address V (� ----_— Ttme— ❑am ❑pm Phone # 299 City ���late Address 300 Zip City----_ State Zip__ 301 33. SELLER'S SIGNATURES: 302 On this date, I / We hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terms thereof on the 303 part of the SELLER. I / We further acknowledge receipt of a true copy of this Agreement signed by both parties. 304 ❑ SIGNATURE(S) SU T TO CO R OFFER ❑SEE ATTACHED COUNTER OFFER(S) 305 () ❑SEE ATTACHED SE)kER ADDENDUM S) #_ 306 � SELLER Signatur / SELLER Signat 307 SELLER (Print Name)_ �i�7� SELLER (Print Name) 308 Date Time ❑a 3os Address Ze Mpm Phone # Time❑am Opm Phone #ess 310 Cif e---Jft i 311 `'IlY State Zip—_ 312 34. BUYER'S ACKNI4WILEDGMENT OF RECEIPT OF FINAL COPY BEARING ALL SIGNATURES: 313 A true copy of the foregoing Agreement, signed by the SELLER and containing the full and complete description of the premises, is hereby received on 314 Date Time __ __ _❑am Opm Date 315 BUYER Signature Time ❑am ❑pm_ 316 BUYER Signature ' 317 Buyer d Sler acknowledge receipt of co / 319 BUYER'S INITIALSted' ( ) Date copy of this page, which constitutes of 5 Page 31s This form ri SELLER'S INITIA _ _ 320 This form has been designed for and is provided onlyeforauso— a b_ y eat lestatef p ofess onalsiwho are members of the National AssociDaa o R LTORS. 321 Y a ion of REALTOR ,Inc USE BY ANY THER SON IS 322 Copyright Idaho Association of REALTORS, Inc,o/ Ada County ty0 Association ffITED REALTORS, Inc. All rights reserved. R.E. 21 – EFFECTIVE DATE JULY 1, 2001 NOTICE OF APPLICATION NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that Mary Fowler has filed with the Zoning Administrator of the City of Meridian an application for an Accessory Use Permit for the operation of a Family Day Care for five or fewer children out of her home at 962 E. Cougar St., Meridian, Idaho. Comments, either for or against, said application must be filed with the Zoning Administrator within fifteen (15) days after the initial publication of this notice and shall be addressed to Shari Stiles, Zoning Administrator, City of Meridian, 660 E. Watertower Ln., Suite #202, Meridian, Idaho. If there are objections filed within the time allowed, the Planning and Zoning Commission shall hold a public hearing on the application, after proper notice, and may grant or deny the application after making and adopting Findings of Fact and Conclusions of Law. The property at 962 E. Cougar St. is more particularly described as Lot 1, Block 13, of Tract Subdivision No. 3, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 30th day of July, 2001. SHARI STILES, Z I G ADMINISTRATOR PUBLISH August 2"d and August 9th , 2001. CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Customer's Order No. Date 11, Name VVI.. Tz". ,\ .rr Phone: SOLD BY LASTT C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT 1 + D I -- oS ,� I I I I MARY C FOWLER t 2925' I (208) 376-1251 I 10047 CORY ST BOISE, ID 83704 92-736213241 Date I I I Pay the Orderer of � �/ t0 I I I I I i ` w Dollars 8r F.tI 6 ck A 1 I CENTRAL I I CREDIT UNION I For 0Ji 1 All Claims and 'returned goods MUST be accompanied by this bill. TAX �— 0013777 Received By rZk\ C-- TOTAL PRINTED IN U.S.A. rxix,eo wnx �f p CQ SOYINK.. 15'iI,QYI�L l� w MARY C FOWLER t 2925' (208) 376-1251 10047 CORY ST BOISE, ID 83704 92-736213241 Date Pay the Orderer of � �/ t0 ` /'P t ` w Dollars 8r F.tI 6 ck A CENTRAL CREDIT UNION For 0Ji ----------- M 10; RLL?;F,26i:67 Ann iiA,i q?.C; The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION DTI# Identification Amount: 064514 1498681 1 NOTICE OF APPLICATION I $63 84 Ordered by P.O. # Rate Run Dates SONYA DAY ( NT I AUGUST 2, 9, 2001 CITY OF MERIDIAN lNumber of Lines 660 E. WATERTOWER LN, SUITE 200 39 MERIDIAN, ID 83642 lAffidavit I Legal # JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO 5 consecutive weekly =single =consecutive daily =odd skip insertion(s) beginning with the issue of: AUGUST 2 2001 and ending with the issue of: AUGUST 9 2001 STATE OF IDAHO ) )ss COUNTY OF ADA On this 9 day of AUGUST in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same ary Public for Ida o oiding at:, Idaho Commission expires: € «� Donald and Wendy Curry 2 Monty Rigenhagen and Kay Kimberly Michael and Linda Hi hbar r 2638 North Mule Deer Way 13 North Caribou Way 950 East Cou g 9e Meridian, ID 83642-3487 Meridian, ID 83642-3475 gar Street Meridian, ID 83642 Gene and Terri Jones 962 East Cougar Street Meridian, ID 83642-3476 Jack and Pamela Murphy 949 East Cougar Street Meridian, ID 83642-3476 Carl and Donna Feeler 2596 North Caribou Way Meridian, ID 83642-3475 David and Denise Hall 2582 North Caribou Way Meridian, ID 836423475