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Healthy Beginning RZ 00-004 RecsBEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The REQUEST FOR REZONE of APPROXIMATELY .55 ACRES FOR PROPOSED CHILD CARE CENTER Case No. RZ-00-004 RECOMMENDATION TO CITY COUNCIL WENDELL & KASHA LAWRENCE, Applicant INTRODUCTION 1. The property is approximately .55 acres in size. The property is generally located at 737 N. Linder Road, in Meridian. 2. The owners of record of the subject property are Steven &. Linda Eisele, of Nampa, Idaho. 3. The Applicants are Wendell SL Kasha Lawrence, Meridian, Idaho. 4. The property is presently zoned as Light Industrial, and is a vacant office 5. The Applicant requests the property be rezoned to Limited Office. 6. The proposed site is surrounded by limited office zoning to the north, RECOMMENDATION TO CITY COUNCIL - 1 REQUEST FOR REZONE - .55 ACRES FROM LIGHT INDUSTRIAL TO LIMITED OFFICE BY WENDELL SL KASHA LAWRENCE and residential to the east and west. The property to the south is zoned light industrial. The site is located at the SW corner of Linder Road and Pine Avenue. 7. The subject property is within city limits of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: To develop a child care facility. 10. The Applicant's requested rezoning of the subject real property as Limited Office is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR REZONE - .55 ACRES FROM LIGHT INDUSTRIAL TO LIMITED OFFICE BY WENDELL SL KASHA LAWRENCE the City Council of the City of Meridian that they approve the rezoning as requested by the Applicant for the property described in the application. Adopt the Recommendations of the Engineering and Planning and Zoning staff as follows: 1.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of property. Adopt the Recommendations of the Sanitary Services as follows: 1.4 Applicant shall provide an area for commercial can service or a dumpster. enclosure. Z:\Worlc\M\Meridian 15360M\Recommendations\RZ04Lawrence.wpd RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR REZONE - .55 ACRES FROM LIGHT INDUSTRIAL TO LIMITED OFFICE BY WENDELL & KASHA LAWRENCE n CITY CLERK FILE CHECKLIST Project Name: Lawrence Contact Name: Wendell or Kasha Lawrence File No. RZ-00-004 Phone: 887-0010 Date Received from Planning and Zoning Department: AUgUSt 9, 2000 Planning and Zoning Level: Hearing Date: September 12, 2000 Q Transmittals to agencies and others: AUgUSt 23, 2000 Q Notice to newspaper with publish dates: 25-Aug-00 and 12-Sep-00 Certifieds to property owners: ~" ,~ ~" ~'~ Planning and Zoning Commission Recommendation; ®Approve ^ Deny Notes: City Council Level: Transmittals to agencies and others: ^ Notice to newspaper with publish dates ^ Certifieds to property owners: Hearing Date: ~(- ~` -~'( ' : /-~ / ~ ~ i _ and ^ City Council Action: ^ Approve ^ Deny ^ Findings /Conclusions /Order received from attorney on: Findings /Conclusions /Order: ^ Approved by Council: ^ Copies Disbursed: ^ Findings Recorded Development Agreement: ^ Sent for signatures: ^ Signed by all parties: ^ Approved by Council: ^ Recorded: ^ Copies Disbursed: Ordinance No. Resolution No. ^ Approved by Council: ^ Recorded: Deadline: 10 days ^ Published in newspaper: ^ Copies Disbursed: Resobtions: Original Res /Copy Cert: Mlnule6ook copy Res /copy can: city clerk Ctty Engineer Ciry Planner City Attorney Sterling Codifiers Project File Copy Res /Original Cert: Ada County (CPAs) Applicard (nan-CPAs) RecoMed Ordinances: Original: Minulebook Copies to: Ciiy Clerk State Tax comm. Stale Treasurer, Auditor, Assessor SterAng Codifiers City Attorney Ciry Engineer City Planner Project file AppNcam (if appl.) Findings !Orders: Original: Minulebook Copies to: Applicant Project file City Engineer Ciry Planner CIty Attorney " Reeord Vacadon Fsidings'" Recorded Devebpment Agreement: OriginaY.Fireprooi Fik copies to:AppNcerrt Project file Ciry Engineer City Planner Ciry Attorney Notes: HUB OF TREASURE VALLEY MAYOR Robert D. Come A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 C1TY CoUNC1L MEMBERS CITY OF MERIDIAN PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN IDAHO 83642 (208) 887-2211 • Fax 887-1297 Keith Bird Tammy deWeerd (208) 888-4433 • Fax (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 Hall Attn: Will Berg, City Clerk, by: September 5,2000 Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000 File No.: RZ-00-004 Request: rezoning of .55 acres from I-L t oL-O for a proposed licensed childcare center for 48 children By: Wendell and Kasha Lawrence Location of Property or Project: Linder Road and Pine Avenue at 737 N. Linder Road Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z 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 Building Department Fire Department Police Department City Attorney City Engineer City Planner Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: Gen - 26 PP/FP/PFP - 30 AZ - 27 . .~ .-. ~ECEI~T1 AUG Q 1 2nQ0 ~~~~,~~ zolvnvc CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 `° ~ Phone: (208) 888-4433 ~~ _ ~ , ~~ ;.rev; `~ - `~ Fax: (208) 887-4813 ~ ~ ~, ~---- ~- subj~c{- prop~~-(-~~ PROPOSED NAME OF SUBDIVISION: /~ ~ 73'7 l ~l . 1. i n de r ~~ GENERAL LOCATION:- _~,i Yl[~~C i` ~ ~rn ,~ TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL):.- __ ~_i ~ ~ ~ ~-F~i`~p ACRES OF LAND IN PROPOSED ANNEXATION: I~ ~/-~ PRESENT LAND USE:~Q_C'~ y1_~-~~1~~ ~~i c~~ PROPOSED LAND USE: ~ ~~ PRESENT ZONING DISTRICT: PROPOSED ZONING DISTRICT: ii , APPLICANT: ~p.~1C~~ I ~ ~G~S UtGI ` G~ GtJ f'~d1 C~ PHONE: ~~~- ~1 D - ~ ~ ~ ADDRESS: ~7~ IV . ~ (r1C~2 ~t-' ~l;C~~. ZS 3 ~- ~7GC~Z ~~~.zc% 1 j ENGINEER, SURVEYOR, OR PLANNER: X - M ~ v I PHONE: Y~~- 7~L~ ADDRESS: (~~~[_ , 1, i r,1~p r~ ~~~ . ~i a I~C.~ jj (z08) OWNER(S) OF RECORD*: eVCNL ~ h ! ~% Sef~ PHONE: ~- 75Z 7 C ADDRESS: ~~Q~ SerninD~ ~vi~1,F /~ In-°7,~~ 1~ c~'?~~4-~ S tore of licant *Annexation may require entering into a devebpment agreement as a condition of annexation. Current owner must execute agreement and/or offer explanation of change in ownership and timing for same. O K, Application for rezone - 737 N. Linder Road Wendell & Kasha Lawrence 370 N. Linder Road Meridian, Idaho 83642 (208) 887-0001, (208)283-9001 2. Steve & Linda Eisele (warranty deed enclosed -ITEM 3203 Seminole Drive Nampa, Idaho 83686 (208)463-9527 3. Notarized affidavit from owner enclosed - I Legal description: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 25 FEET WEST AND 283 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE WEST TO A POINT 155 FEET WEST OF THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH TO A POINT 150 FEET SOUTH OF THE NORTHLINE OFSAID SOUTHEAST QUARTER; THENCE EAST TO A POINT 25 FEET WEST OF THE AST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH TO THE POINT OF BEGINNING. EXCEPT THAT PORTION, IF ANY, LYING WITHIN CINDER ROAD. E'MCIoS~d 5. Present land use is a vacant wholesale office. 6. Proposed land use would be a licensed childcare facility licensed for 48 children. With additional improvements (structural expansion, additional parking, landscape improvements, addition of fire sprinklers) to building & lot applicant would like to license the facility for 30 more children. 7. The present zoning is light industrial, City of Meridian jurisdiction. 8. The proposed zoning would be light office, City of Meridian jurisdiction. 9. The subject property is of residential type construction with a shaded back yard and would be better suited for light office use than industrial. The floor plan and existing parking design are ideal for a light office zoning. The building, parking, & landscaping are well maintained which supports a light office image. 10. The need for new schools in Meridian has risen along with the need for childcare facilities. Healthy Beginnings Childcare will service Linder Elementary (enrollment 569), Meridian Elementary (enrollment 703), Chaparral Elementary (enrollment 761), and the new elementary school Peregrine. We will be providing a much needed service to these Meridian school children, their younger siblings, and their parents. We are located in the near vicinity of many large residential subdivisions and will service these growing neighborhoods as well. Our proposed site will be managed to serve in harmony with the surrounding area. The property just to the north is zoned light office, the property to the east and west is zoned residential. The property to the south is zoned light industrial. 11. The City of Meridian Comprehensive plan does not address Light Office zoning, so for the purpose of relating to the comprehensive plan we will treat the zoning as neighborhood commercial. As the smallest of the three commercial zoning, its main purpose is to provide convenience shopping (childcare in this case) to the surrounding area. COMMERCIAL POLICIES- Meridian Comprehensive Plan 4.1 states neighborhood (childcare) centers rather than strip commercial development, shall be provided for convenience (childcare) services. 4.2 Neighborhood (childcare) centers should locate: a) Near, but not necessarily at, the intersection of collectors and/or arterial roads; (Linder Rd is considered a minor arterial -map 3 enclosed) GOALS OF THE COMPREHENSIVE PLAN Healthy Beginnings Childcare will help fulfill the following comprehensive plan goals. Goa13: To encourage the kind of economic growth and development which supplies employment and economic self- sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. Goa16: To encourage cultural, educational, and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. Land use Goal Statement GENERAL POLICIES 1.SU Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 1.8U Promote the development of high quality and environmentally compatible residential areas that contain the necessary parks, schools, and commercial facilities to maintain and form identifiable neighborhoods. RESIDENTIAL POLICIES 2. SU Encourage compatible infill development which will improve existing neighborhoods. 12. Map enclosed (1 "=100 feet) -~C 13. Thirty copies of vicinity map enclosed (1"=300 feet) - I~ 14. List of mailing addresses of all property owners within 300 feet enclosed -ITEM E rs 15. $400 fee paid. ''\ 16. We, Wendell & Kasha Lawrence will post the property 1 week before the public hearing. Posting will contain our name, description of zoning amendment and time and place of public hearin fi ~ _ /" 17. We, Wendell & Kasha Lawrence have read the contents of this applicatio end we verify that the contents are true d correct. ___ / ~-.~ ~_, ~-- `i ~f ~ ~ ~~/~ --. .-. 1CtZONE EXHIBIT "A" A parcel of land situated in the NE1/4 of the SE1/4 of Section 11, T.3N., R.1W., City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the East 1/4 corner of said Section, said point being an Aluminum Monument thence along the East line of said Section S00°00'00"E a distance of 150.00 feet to the POINT OF BEGINNING. Thence continuing along the said East line S00°00'00"E a distance of 133.00 feet to a point; Thence leaving said East line and parallel with the North line of said Section N90°00'00"W a distance of 180.00 feet to a point; Thence'pazallel with said East line N00°00'00"E a distance of 133.00 feet to a point; Thence leaving said line parallel with said East line and along a line parallel with the said North line N90°00'00"E a distance of 180.00 feet to the POINT OF BEGINNING. Said parcel contains 0.55 acres, 23940 squaze feet more or less and is subject to all easements and right-of--ways of record or implied. ~~~ ,~,:~, ~,~ ~; ~~ .t ,?~s ~': ~` A .~~ ~ ~ fie.-., ti R` ,S'. ~f! U .,f a ~ V "' ~.~.y 'ti J' C, ~ ~ ~ ~ , ~ ~-~~, ~~_ ~ _ 4 'ti _/- L-aui-"a~ce rL,~~r-~.~~ C006197_rezonelegal_8- l -2000_ash.doc v i " i n O O J d F n O lD J d N a F .n 0 m 0 N O O O W V A A b _~ Z Z D n m m z z D r A N .27 m 0 1C.'CLVI~It ~" "• t hu s -w L.0.,u/renct SKETCH TO ACCOMPANY REZONE LEGAL DESCRIPTION PINE AVENUE SECTION 11, T.3N., R.1W., B.M. Z ~, N90°00'00"E 180.00' v rrj 444 N. CINDER ROAD I ~'`~ HEALTHY BEGINNINGS i `- CHILD CARE W ~~ ~ ° .55 ACRES 0 23940 SQUARE FEET I'o ~o Iz L------------------------------------- N90°00'00"W 180.00' 0 0 10 u 1 ~" W O O O O ° O O IO ' O I ~ 0 I ~ I ' W lO io W 'o ~ ,° i° ~_ I ° --~ I~ 40 0 20 40 80 SCALE: 1" = 40' ,...:.~.. , .. ~ ~ .t ~,,1 .. , :~ • ~ ADA G;;. RwCGRDEt; ' J. D.9:'lu 't ,yhi RO llN~a:>t BOISE Ih PiONEPRTIZ'LBCaMPANY 8ts1 w. Wfrmm Are / i~ 837a ~ czo~86• 6 P'~) ?. 35 iIEAA ~AIVtPICNiD 1fN k~ l S~3QOx. fJS wA~ANTY D~Eri ~.94U•~`GUOfib (WDNIDUALI i+Ox v,Al,ut: tt»c~tvsn SINCI$ riERStQ7 DDVGLAS 0. t7DR'Cit, A SINGLE PFBSt>t1 AND JDSBPH J. IiSNSEN, A Gratuor s , tb betty gnat. bargain, sell sad oonvty uata STEVEN R. 1:ISELE ANA LINDA S . EIst:LE. iiuSBARD AND tdIFE tht Gtantec s , witosecartaat addrm ia: 6117 CLINTON ST.. SDISE, TA 83704 ~ following ;~ ~ y y, ADA txanty, State of fdabo. morepaniculary descYibod a: fallouts, to-wit: + SS& SXHxaIT "A" ATYAliCt3D HERt3T0 AND BY RSPF.RRLtCE MADE A PART HF.P.EOF TO HAYS AND'IO HU1.D ~ said prcmiaea, with thtar appurteaaaoes utrto the said Gtmttco sand Grantee hits sad atsigos fot+0~• Atfd the said Gimattr B!o ~ bt:tFby tOV~ntea t0 star ~vitL the card Ctratnee S , the t~[a41t1Y s t-Te the oyreer ^ is tai staple of asid pttdtttseo, that said pttaaieca ^m ftoo front all eaeutabemxa. P.aoCt~i• those to which t4ia enWeyaDCe is eapeasly:mada aubjtiet srid tbama aside. sufitaed or done by the Cratttee . x and svbJect to tesetvation.+, rauiatIooa, drdlteslotts, . s~~ ~'.~y; ~ ~~ Cf say) of tewtd, and Eenerat taxes and ssaeasmeats. (intrudes ittigabett andgtility asasments. (if tuty) far the ttatent year, whim ate not yot due and payable, and that Grantor s will vraermtt and deteod the tame fttim all lawful t:Wiltp wbatsocvet. Dated: tiovembas.:-.~D$. •1445 .,,, - , f trnti~re or ideiHt9tidJe mn to ix tl •, r~'c y t `~~•r 1 .'I County of ens - . ss. er , to the ysar of eggs _ befate me Dny'rn t? a ,ls a tidtaty public, pct aatBrr*r pet7aa 1Nhttee aaett „~ { R .- sttbtcrlhed to t whhi lnstru ,and taes;ated the aamm Not publ~: _ Resitting art My Cornmiaston F.><pires:lG ~8~~ STEM A ISM g AFFIDAVIT We, STEVEN R EISELE and LINDA S. EISELE, husband and wife, whose address is 3203 Seminole Dr., Nampa, Idaho, 83686, (referred to as "Owners") do hereby grant permission to KASHA and WENDELL LAWRENCE, husband and wife, to pursue the rezoning of the Owner's property at 737 N. Linder Rd., Meridian, Idaho, 83642. The purpose of this rezoning is to allow KASHA and WENDELL LAWRENCE to lease said property from the present owners. _. STEVEN R EISE { LINDA S. EISELE STATE OF IDAHO ss County of Ada ) On this ~ day of 2000, before me ~ 5 ~~~~~ for the State of Idaho, personally appeared VEN R. EIS LE and LINDA S. EISELE ~tl~ ~ ied to me to be the persons whose names are subscribed to the within instrument and ~'#~ie that they executed the same. ., ~ot~Rr * .~'~ rua~~c ~- ~o ,~ :,~~.~,~r~ og loh,,~,,. m~h~tP~ ~f '. 1.___l__L.JI ~ ~~ ~. .,~ - _._ L.,_ .-.. \~ ~ `\ ~~ ~~/~ `/ l~~./ -- o I ~ ~ I-LTJ~ ._. ~: i_u~Iu iii~ +ii~Ii ~~1~I~I!i,f1 JI, ~~ ak ~~11 ~~ Ll ~ T _{ L ~ ~~: ~~~ ~,~~E~~IP~~~~ ~ r~ ~--rt e~ ~~ ~ l- .....~..._ ~ . ..e.. ~` .:. ~_ _..a__ ~~ ~ r ; , .,.__ ~ _...: q E E I ~ .~ `~ ~_~ }----- 1~ ~ ~-~ _. _~...._~._._-J._._. ' i-~ ~ i ~j" <~ r~ C `' I ~t ~°'y 9 f ~ a„ . ~ y _ _ .r ~ Fem. ~ ; >-` ~ .~ ,, ,;. ~ r i ~ , ~, v _ _ ., ~, ~ _~ ,: _ _ ~ '~ t fv aF~$ 7~ ~r~ ~~ ~ ~ { .. .~ -e __.- r ~ ~ :~ t ~_ - - t ; , ; r a ; i j ~ .. r -~ t F~ r , ~„ t t ~a ~ , ,. .3.. ?f....~,., s~ #!!! ~!~,,..,>w.,~ 23 is t;, ~rs aFi 'I i ICs ~ .~.. .j _.tmM.~._. ~ .. f 1 i ~ "~~.a~,~.- _...._ ...~ww,.a, ~:: ~.~..c:: i ~68.i~ 12aC.C( '1i R'1 ~ ..tea ~ ++C .~ .« ~w, `~ (~, O ~ ,r .... Q ~ ~ V `"` °?° ~3 ~A~r~n9 ~ co~"~~a"°~ ._ _ . _ __ -~ y~ r ~`~ ~o s~+, ~~ ~ 1 ~-V lam, ~ ~ KASHA LAWRENCE - 737 N. CINDER RD. PROPERTY OWNERS WITHIN 300' SCHOOL DISTRICT #2 911 N MERIDIAN RD MERIDIAN ID 83642-2241 1900 W PINE AVE 1720 W PINE AVE RICHARDS DANIEL W RICHARDS ANGELA G 8799 S ROCKY MOUNTAIN LN KUNA ID 83634-0000 820 N CINDER RD DEMPSEY CLYDE L 1680 W PINE AVE MERIDIAN ID 83642-1975 KADEL ALFRED G JR & KADEL SUSIE J 1616 W PINE AVE MERIDIAN ID 83642-1975 LAMBERT KENNETH J & GRETCHEN R 1725 W PINE AVE MERIDIAN ID 83642-1963 CARMACK G DAVID & CARMACK BECCI LU 1705 W PINE AVE MERIDIAN ID 83642-1963 FENSTERMAKER LEROY S & FENSTERMAKER IDA M 1665 W PINE AVE MERIDIAN ID 83642-1965 HURRAY WAYNE & CLAUDIA 1625 W PINE AVE MERIDIAN ID 83642-1965 EISELE STEVEN R & EISELE LINDA S 737 N CINDER RD MERIDIAN ID 83642-0000 DOBARAN JOHN F DOBARAN ARVELLA L 6141 N GADWALL LN BOISE ID 83714-1287 531 N CINDER RD LAFONTAINE R DEANNE 791 NW 15TH ST MERIDIAN ID 83642-2474 BIDDICK BETH F ETAL 788 NW 15TH ST MERIDIAN ID 83642-2473 POTTER EDNA N 771 NW 15TH ST MERIDIAN ID 83642-2474 WILKERSON M LUCILE 751 NW 15TH ST MERIDIAN ID 83642-2474 RAISCH NORMAN & DOROTHE 741 NW 15TH ST MERIDIAN ID 83642-2474 PHIFER KENNETH R &EDNA R 721 NW 15TH ST MERIDIAN ID 83642-2474 ALLEN BETTY M 731 NW 15TH ST MERIDIAN ID 83642-0000 MARTINSEN MERL D & EILEEN A 1572 W IDAHO CT MERIDIAN ID 83642-2476 MURPHY RAYMOND J & LOIS M 1552 W IDAHO CRT MERIDIAN ID 83642-2476 CHATTERTON W D & CHATTERTON VIRGINIA 1532 W IDAHO CT MERIDIAN ID 83642-2475 ~''1 JONES RHONDA L ENGEL RALPH W 1588 W IDAHO CRT MERIDIAN ID 83642-2476 DURHAM ALBERTA J 1571 W IDAHO CT MERIDIAN ID 83642-2477 SCOTT DAVID RUSSELL & SCOTT SATINA MARIE 1531 W IDAHO CT MERIDIAN ID 83642-2477 NEWTON RALPH E 1551 W IDAHO CT MERIDIAN ID 83642-0000 HANSON HELEN M 681 NW 15TH ST MERIDIAN ID 83642-2472 WALKER BETTS H 1574 W BROADWAY CT MERIDIAN ID 83642-2478 HORTON EMRA L 1554 W BROADWAY CT MERIDIAN ID 83642-2478 CAMPBELL CABBIE L OSTRUM EVERRETT & NANCY 651 NW 15TH ST MERIDIAN ID 83642-2471 SLIGAR KIM D AND LOOMIS CLAUDIA 631 NW 15TH ST MERIDIAN ID 83642-2471 SUMMERS JOSHUA R & STACY LEE 1590 W BROADWAY AVE MERIDIAN ID 83642-0000 ,.., CITY Q~ MERIDIAN "Hub of Treasure Valle' 33 E. Idaho Meridian, Idaho 83642 888-4433 C uawnler a _ W Order No. Date Name Address ` e.~ ~ Phone: SOLD-B~fY'' ~C LA~1`r C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT ~" 3 ~^ OI - ~w ~ ~3 I i rp0 ~3 31 $0 AtLclaims and returned goods MUST be accompanied_,6y this bilk _ TAX ~~ 0 012 3 31 Byceived ~~~ TOTAL g~ ; 60 Memo To: Shelby From: Steve O'Brien CC: pate: 11 /15/00 Re: Healthy Beginnings Ordinance Map Per your request one ordinance map for the above referenced project. Fmm the desk... Steve O'Brien Engineering Tech . I Meridian Public Warks Departrnent 200 E Carlton St, Suite 100 Meridian, Idaho 8364? 2600 1 (208) 887-7111 • Page 1 Fax (208) ss7-129'7 ~. p o Q p u' Z_ [L' ° U > ~~ ~ ~ I W ~~~ • z Z z ~ Q 8 cc., L1J W Z ~ ~ mad W Z O ~f1N3nb 4~£6 M N Z 00 z ° '~ ~ Z ~ Z= pJ - w "O U~~ ~ W ~ z O Z w ui p U Q ~ O W 3Ab H1~6 MN 3Ab Hlti6 MN c~ wz OZ ~ z z~ 1S H1~6M Ow a m >- ~~b HJ.S~ M o a pU m U ~ Y U ~00'££l 3d00~00o0OS 0° 021 2i3aNll w °ob 0 go 0 o ~ o o r- o z z .00'££6 3.0O,OOo00N ld 3NId llbl N 3Ab NblON N N~~Cj SI JY1fC~ OdCl-lr`~G`I~C ~~~ -~,1~.. -~o ~~y n h ~r~( , Fax To: S+~-~-e o . Phone: (208) 888-4433 Fax: (208) 888-4218 From: ~~`~ ~~ Fax: Date: ~f - 1 `~~ ~ ~ Phone: Pages: ^ URGENT ^ FOR REVIEW ^ FOR COMMENT ^ FOR REPLY CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING CLASSIFICATION FOR CERTAIN REAL PROPERTY .55 ACRES IN SIZE COMMONLY IQVOWN AS THE PROPERTY OF WENDELL Sz KASHA LAWRENCE THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM I-L (LIGHT INDUSTRIAL) ZONING DISTRICT TO ENTIRELY L-O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE § 11-7-2 G, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: The City of Meridian has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from I-L (Light Industrial) District to L-O (Limited Office District as defined under Meridian City Code § 11-7-2 G; and 2., The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and CITY OF MERIDIAN / (L-O) RZ-00-004 / RE-ZONE ORDINANCE - 1 3. The real property which is the subject of this ordinance is legally described as follows: A parcel of land situated in the NE 1/4 of the SE 1/4 of Section 11, T. 3N., R. 1 W., City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the East 1/4 corner of said Section, said point being an Aluminum Monument thence along the East line of said Section S00°00'00" E a distance of 150.00 feet to the POINT OF BEGINNING. Thence continuing along the said East line S00°00'00" E a distance of 133.00 feet to a point; Thence leaving said East line and parallel with the North line of said Section N90°00'00" W a distance of 180.00 feet to a point; Thence parallel with said East line N00°00'00" E a distance of 133.00 feet to a point; Thence leaving said line parallel with said East line and along a line parallel with the said North line N90°00'00" E a distance of 180.00 feet to the POINT OF BEGINNING. Said parcel contains 0.55 acres, 23940 square feet more or less and is subject to all easements and right-of-ways of record or implied. SECTION 2. That the above-described Property be, and the same is hereby re- zoned and designed (L-O) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict CITY OF MERIDIAN / (L-O) RZ-00-004 / RE-ZONE ORDINANCE - 2 herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this _ day of , 2000. Mayor ATTEST: City Clerlc STATE OF IDAHO,) ss. County of Ada. ) On this day of , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerlc of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: MSG:\Work\M\Meridian\Meridian 15360M\L,awrence Day Care\RZ004 & CUP046\RZOrdinance CITY OF MERIDIAN / (L-O) RZ-00-004 / RE-ZONE ORDINANCE - 3 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. , passed by the City Council of the City of Meridian, on the day of , 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerlc of the City of Meridian. WILLIAM G. BERG, JR. STATE OF IDAHO, ss. County of Ada; ) On this day of , in the year 2000, before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ msg\Z:\Work\M\Meridian\Meridian 15360M\Lawrence Day Care\RZ004 & CUP046\CertificationOfClerkRZOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - 1 RZ-00-004 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 8, 2000, for the purpose of reviewing and considering the application of Wendell and Kasha Lawrence for a request to rezone .55 acres from I-L to L-O for a proposed licensed childcare facility for 48 children. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 20th day of October, 2000 ,~'~~--f-~- fir'"''~ s WILLIAM G. BERG, J ., CI Y CLERK PUBLISH October 27, 2000, and November 3, 2000. ~~ ~o ~~~ ! ~ '• ~, 9Q,. L"''T Zs~ .~ r ~P ~,, ~~~{l, p,.~,. <sfii"~~~~ w 0 o i o w 0 0 0 0 0 0 c~ c~ z c ~v L11vUC1'~ f[LJ rn z v m r r D 2 r ~o rn z n rn w Z r z v rn November 3, 2000 RZ 00-004 MERIDIAN CITY COUNCIL MEETING November 8, 2000 APPLICANT Kasha and Wendell Lawrence ITEM NO. 4 REQUEST Public Hearing -Request for rezone of .55 acres from I-L to L-O for a proposed licensed childcare facility for 48 children for Healthy Beginnings Daycare -Linder Road and Pine Avenue at 737 North Linder Road AGENCY COMMENTS 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: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: hex ~t~~u-c.~,~o~ -'eC.orn vv,-ev~lr~-~irn/~.- I~~G~~, ~~ ~~ ~~ ~~ ~b ~' Contacted: ~ ZG(,ti~a~,LQ~ Date: 1 ~ ~ Phone: 7J ~J'J - d d ~ b Materials presented at public meetings shall become property of the Cffy of Mertdian. ~-. WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. Jtn.>EKI,E[NFISCImtx WM. F. GIGRAY, III iC~.H..R.ISTOPIIE[t S. NYE i i13LIP A. PEff•7lSON ATTORNEYS AT LAW NAMPA OFFICE BRENT I. Joluasox D. SAMUF7, JOHNSON W Exec S ROSSMAN TODD A. ROSSMAN Z00 EAST CARLTON AVE., SUITE 31 P O B 104 9Tx AvE. SovTx EST OFFICE Box 247 II,LInmIA. MoRROw WII.LIAM F. Nlcxot,s* DAVID M. SWARTLEY TERRFlrcE R WHITE** OST FFICE OXl 150 MERIDIAN, IDAHO 83680-1150 N TEL.~208 466-9272 247 ~ *Also admitted in OR FAX ( 08) 466.4403 ** Also admitted in WA T¢ (208) 288-2499 Fax (208) 288 2501 E-MAII,: @wpptyc.com PLEASE REPLY TO ~~~ OFFICE ~~~~~ October 16, 2000 i ~ O C T 2 7 ?000 To: Staff A licant Affected Property Owner(s) CITY OF MERIDIAN Re: Application Case No. RZ-00-004 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findiri s and Recommendations of the Planning and Zoning Commission shall be presented to the ~ity 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: 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 Plaruung and Zoning Commission; and 2. That you carefull complete (be sure it is legg~i'ble) the Position Statement if you disa ee with the Findings andZZecommexidations 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 pprepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (8) copies. The coppies will be ppresented to the Mayor, Council, Planning and Zoning Administrator, Public WorZcs and the City Attorney. If you are a part of a ggrroup, it is strongly recommended that one Position Statement be filled out for the group, wFiich can be signed by the representative for the group. Very truly ly/ BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The REQUEST FOR REZONE of APPROXIMATELY .55 ACRES FOR PROPOSED CHILD CARE CENTER Case No. RZ-00-004 RECOMMENDATION TO CITY COUNCIL WENDELL & KASHA LAWRENCE, Applicant INTRODUCTION 1. The property is approximately .55 acres in size. The property is generally located at 737 N. Linder Road, in Meridian. 2. The owners of record of the subject property are Steven & Linda Eisele, of Nampa, Idaho. 3. The Applicants are Wendell SL Kasha Lawrence, Meridian, Idaho. 4. The property is presently zoned as Light Industrial, and is a vacant office. 5. The Applicant requests the property be rezoned to Limited Office. 6. The proposed site is surrounded by limited office zoning to the north, RECOMMENDATION TO CITY COUNCIL - 1 REQUEST FOR REZONE - .55 ACRES FROM LIGHT INDUSTRIAL TO LIMITED OFFICE BY WENDELL & KASHA LAWRENCE and residential to the east and west. The property to the south is zoned light industrial. The site is located at the SW corner of Linder Road and Pine Avenue. 7. The subject property is within city limits of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: To develop a child care facility. 10. The Applicant's requested rezoning of the subject real property as Limited Office is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR REZONE - .55 ACRES FROM LIGHT INDUSTRIAL TO LIMITED OFFICE BY WENDELL & KASHA LAWRENCE the City Council of the City of Meridian that they approve the rezoning as requested by the Applicant for the property described in the application. Adopt the Recommendations of the Engineering and Planning and Zoning staff as follows: 1.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of property. Adopt the Recommendations of the Sanitary Services as follows: 1.4 Applicant shall provide an area for commercial can service or a dumpster enclosure. Z:\Work\M\Meridian 15360M\Recommendations\RZ04Lawrence.wpd RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR REZONE - .55 ACRES FROM LIGHT INDUSTRIAL TO LIMITED OFFICE BY WENDELL & KASHA LAWRENCE n r-~ November 17, 2000 CUP 00-046 MERIDIAN CITY COUNCIL MEETING November 21, 2000 APPLICANT Wendell and Kasha Lawrence ITEM NO. REQUEST Request for Conditional Use Permit to construct a licensed childcare facility for 48 children in a proposed L-O zone for Healthy Beginnings Daycare -Linder Road and Pine Avenue at 737 North Linder 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Findings ~~ L Contacted: Kasha Lawrence Date: 17-Nov Phone: 887-0010 Materials presented at public meetings shall become property of the City of Meridian. ~~r~n'ED '' ~? V ~ 3 2000 interoffice CIS, ~~, ~~EE~r~ MEMORANDUM ~ To: William G. Berg, Jr. From: William F. Nichols Subject: Wendell and Kasha Lawrence File No.: CUP-00-046 Date: November 13, 2000 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING A CONDITIONAL USE PERMIT, pursuant to action of the Council at their November 8, 2000, meeting. The Findings will be on the Council's agenda for their November 21, 2000, 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 and appropriate departments. If you have any questions please advise. msg/Z:\Work\~VI\Meridian\Meridian 15360M\Lawrence Day Care\RZ004 & CUP046\ClkLtrCUP46Ffcl.wpd FILE COPY BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/08/00 IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY .55 ACRES FOR PROPOSED CHILD CARE FACILITY LOCATED AT 737 N. CINDER ROAD, MERIDIAN, IDAHO Case No: RZ-00-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE WENDELL Sz KASHA LAWRENCE, Applicant. The above entitled matter on the rezoning application of .55 acres having come on for public hearing on November 8, 2000, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and appearing and testifying was the Applicant, Kasha Lawrence, and appearing with comments or concerns was Beclcy Carmaclc, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - I n /'1 1. The notice of public hearing on the application for rezoning was published for t~vo (2) consecutive weeks prior to said public hearing scheduled for November 8, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred .feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 8, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Comprehensive Plan of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 2 /"~ Meridian adopted December 21, 1993, Ordinance No. 629 -January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately .55 acres in size. The property is generally located at 737 N. Linder Road, in Meridian, and is described as follows: A parcel of land situated in the NE 1/4 of the SE 1/4 of Section 11, T. 3N., R. 1W., City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the East 1/4 corner of said Section, said point being an Aluminum Monument thence along the East line of said Section S00°00'00" E a distance of 150.00 feet to the POINT OF BEGINNING. Thence continuing along the said East line S00°00'00" E a distance of 133.00 feet to a point; Thence leaving said East line and parallel with the North line of said Section N90°00'00" W a distance of 180.00 feet to a point; Thence parallel with said East line N00°00'00" E a distance of 133.00 feet to a point; Thence leaving said line parallel with said East line and along a line parallel with the said North line N90°00'00" E a distance of 180.00 feet to the POINT OF BEGINNING. Said parcel contains 0.55 acres, 23940 square feet more or less and is subject to all easements and right-of-ways of record or implied. 5. The owners of record of the subject property are Steven & Linda Eisele, of Nampa, Idaho. 6. The Applicants are Wendell &. Kasha Lawrence, Meridian, Idaho. 7. The property is presently zoned as Light Industrial, and is a vacant office. 8. The Applicant requests the property be rezoned to Limited FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 3 ~"~ Office. 9. The proposed site is surrounded by limited office zoning to the north, and residential to the east and west. The property to the south is zoned light industrial. The site is located at the SW corner of Linder Road and Pine Avenue. 10. The subject property is within city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: To develop a child care facility. 13. The Applicant's requested rezoning of the subject real property as Limited Office is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code § 11-15-1 lfor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 4 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The 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; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 5 n ~ 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide as follows: 15.2.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. 15.2.2Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 15.2.3 Off-street parking shall be provided in accordance with City of Meridian Ordinance 11-13 for use of property. 15.2.4Applicant shall provide an area for commercial can service or a dumpster enclosure. ACRD conditions provide as follows: 15.2.5 The proposed driveway on Linder Road, located 63-feet north of the south property line, is approved with the application. Pave the driveway at least 30-feet into the site beyond the edge of pavement of Linder Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 15.2.6 Provide a recorded cross access easement for the parcel to the south to use the parcel for access to the public streets prior to issuance of a building permit (or other required permits). 15.2.7Provide a $2,700.00 deposit to the Public Rights-of-Way FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 6 ~ ,~ Trust Fund at the District for the required street improvements of approximately 135-feet of 5-foot wide concrete side~vallc on Linder Road abutting the parcel. 15.2.8 Other than the access point specifically approved with the application, direct lot or parcel access to Linder Road is prohibited. 15.2.9A request for modification, variance or waiver of any requirement or policy outlined in the ACHD's letter of September 20, 2000, shall be made in writing to the ACRD Planning and Development Supervisor, and identify each specific requirement. 15.2.10 After ACRD 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, and shall identify each specific requirement. 15.2.11 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 15.2.12 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 15.2.13 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / {RZ-00-004) - 15.2.14 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. 15.2.15 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 at least two full business days prior to breaking ground within a ACRD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 15.2.16 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 changes from the Ada County Highway District. 15.2.17 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 awaiver/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. 16. The legal description of the property that is the subject of this application for re-zone is as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 8 A parcel of land situated in the NE 1/4 of the SE 1/4 of Section 11, T. 3N., R. 1 W., City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the East 1/4 corner of said Section, said point being an AluminuTn Monument thence along the East line of said Section S00°00'00" E a distance of 150.00 feet to the POINT OF BEGINNING. Thence continuing along the said East line S00°00'00" E a distance of 133.00 feet to a point; Thence leaving said East line and parallel with the North line of said Section N90°00'00" W a distance of 180.00 feet to a point; Thence parallel with said East line N00°00'00" E a distance of 133.00 feet to a point; Thence leaving said line parallel with said East line and along a line parallel with the said North line N90°00'00" E a distance of 180.00 feet to the POINT OF BEGINNING. Said parcel contains 0.55 acres, 23940 square feet more or less and is subject to all easements and right-of-ways of record or implied. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The requested zoning of Limited Office District, (L-O) is defined in the Zoning Ordinance at 11-7-2 G as follows: (L-O) Limited Office District: The purpose of the L-O District is to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 9 ~ r-1 permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 4. Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code § 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has exercised its authority to require or permit as a condition of rezoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 10 /"'t that an owner or developer make a written commitment concerning the use or development of the subject property.. 7. § 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. § 11-15-11 of the Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 11 r circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 The 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; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 12 n 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately .55 acres for construction and development of a child care facility is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: 2.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. 2.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 13 n ~''\ may be used for non-domestic purposes such as landscape irrigation. 2.3 Off-street parking shall be provided in accordance with City of Meridian Ordinance 11-13 for use of property. 2.4 Applicant shall provide an area for commercial can service or a dumpster enclosure. ACHD conditions provide as follows: 2.5 The proposed driveway on Linder Road, located 63-feet north of the south property line, is approved with the application. Pave the driveway at least 30-feet into the site beyond the edge of pavement of Linder Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 2.6 Provide a recorded cross access easement for the parcel to the south to use the parcel for access to the public streets prior to issuance of a building permit (or other required permits). 2.7 Provide a $2,700.00 deposit to the Public Rights-of-Way Trust Fund at the District for the required street improvements of approximately 135-feet of 5-foot wide concrete sidewalk on Linder Road abutting the parcel. 2.8 Other than the access point specifically approved with the application, direct lot or parcel access to Linder Road is prohibited. 2.9 A request for modification, variance or waiver of any requirement or policy outlined in the ACHD's letter of September 20, 2000, shall be made in writing to the ACRD Planning and Development Supervisor, and identify each specific requirement. 2.10 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 14 n n in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00, and shall identify each specific requirement. 2.11 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 2.12 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. 2.13 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. 2.14 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. 2.15 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 ACHD. The applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within a ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 2.16 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 15 an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any changes from the Ada County Highway District. 2.17 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. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (L-O) Limited Office District (Meridian City Code § 11-7-2 G) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Worlcs Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the rezoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 16 n i"o NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ROLL CALL COUNCILMAN RON ANDERSON VOTED_~~c~ COUNCILMAN KEITH BIRD VOTED_~ J~~ COUNCIL PERSON TAMMY deWEERD VOTED_ ~/~v COUNCIL PERSON CHERIE McCANDLESS VOTED_~~~- MAYOR ROBERT CORRIE (TIE BREAKER) VOTED ~ DATED: fl Z ~' ~G~ MOTION: APPROVE DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 17 ,~ Copy served upon Applicant, the Planning. and Zoning Department, Public Worlcs Department and the City Attorney. ``,k11k11lIll1!!!// By: ~~~i,.=-.- ~~ Dated ity Cleric msg/Z:\Work\NI\~'teridian\Nleridian 15360M\Lawrence Day Care\RZ004 8c CUP046\FEsClsOrderREZ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 18 ~`c0 ~/ r ~~~.., _ ~/~, November 17, 2000 RZ 00-004 MERIDIAN CITY COUNCIL MEETING November 21, 2000 APPLICANT Wendell and Kasha Lawrence ITEM NO. REQUEST Request for rezone of .55 acres from I-L to L-O for a licensed childcare facility for 48 children for Healthy Beginnings Daycare -Linder Road and Pine Avenue at 737 North Linder 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Findings v~' ~,, ~~ Contacted: Kasha Lawrence Date: 17-Nov Phone: 887-0010 Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P. A. ATTORNEYS AT LAW ]ULIE KLE1N FISCHER CHRISTOPHER S. NYE WM. F. GIGRAY, Ill PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARAY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE*• WILLIAM F. NICHOLS* 'ALSO ADMITTED IN Oft ••ALSO ADMITTED IN WA 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288-2501 Email via Internet @ wfg@wppmg.com November 13, 2000 NAMPA OFFICE 104 N[NTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE R,~C~~D N O V 1 4 2000 CI'T'Y OF NIFI~IDIAN William G. Berg, Jr., City Clerlc MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: CITY OF MERIDIAN /REZONE FINDINGS and REZONE ORDINANCE /CERTIFICATION OF CLERK / RZ-00-004 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as per instructions from the Council meeting of November 8, 2000, and which are on the agenda for November 21, 2000. Also, please find enclosed the above Ordinance and the Certification of the Clerlc for the rezone for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law If you have any questions arise, please advise. Very truly y urs, ~~" '_ Wm. F. Nicho s msg\Z:\Worlc\IVI\Meridian\Meridian 15360M\Lawrence Day Care\RZ004 & CUP046\FFCL and OrdinanceCllcltr FILE COPY BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF WENDELL ~ KASHA LAWRENCE, FOR A CONDITIONAL USE PERMIT FORA 48 CHILD CARE FACILITY IN AN L-O ZONE, LOCATED AT 737 N. CINDER ROAD, MERIDIAN, IDAHO C/C 11-08-00 Case No. CUP-00-046 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council for public hearing on November 8, at the hour of 7:30 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and taken oral and written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Kasha Lawrence, appeared and testified, and having duly considered the .matter and the Planning and Zoning Commission made the following Findings of Fact and Conclusions of Law and Recommendation to City Council, and the City Council having received the staff report and the record made before the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 of 14 USE PERMIT SUBJECT TO CONDITIONS WENDELL & KASHA LAWRENCE /CUP-00-046 ~"~ -'y Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 1. Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (E) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 of 14 USE PERMIT SUBJECT TO CONDITIONS WENDELL & KASHA LAWRENCE /CUP-00-046 ,~"~ ~'1 an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian City Code § 11-17-2. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. 5. Prior to granting a conditional use permit in a Limited Office (L-O) zone, a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 of 14 USE PERMIT SUBJECT TO CONDITIONS WENDELL & KASHA LAWRENCE /CUP-00-046 Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 8, 2000, before.the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said November 8, 2000, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 of 14 USE PERMIT SUBJECT TO CONDITIONS WENDELL & KASHA LAWRENCE /CUP-00-046 r 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. Tl1e property is located at 737 N. Linder Road, Meridian, Idaho. 5. The owner of record of the subject property is Steven &. Linda Eisele of Nampa. 6. Applicant is Wendell & Kasha Lawrence of Meridian. 7. The subject property is currently zoned Limited Office. The zoning district of LO is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a child care facility. The request originally sought permission fora 78-child facility but the approval is fora 48-child facility. The L-O zoning designation within the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW Page S of 14 USE PERMIT SUBJECT TO CONDITIONS WENDELL & KASHA LAWRENCE /CUP-00-046 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). 9. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The requested conditional use is described in the VICINITY MAP, which is attached hereto as Exhibit "A", and consisting of one page, fora 48 child care facility, in Light Industrial, located at 737N. Linder Road, Meridian, Idaho, and which property is described as: A parcel of land situated in the NE 1/4 of the SE 1/4 of Section 1 1, T. 3N., R. 1 W., City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the East 1/4 corner of said Section, said point being an Aluminum Monument thence along the East line of said Section S00°00'00" E a distance 'of 150.00 feet to the POINT OF BEGINNING. Thence continuing along the said East line S00°00'00" E a distance of 133.00 feet to a point; Thence leaving said East line and parallel with the North line of said Section N90°00'00" W a distance of 180.00 feet to a point; Thence parallel with said East line N00°00'00" E a distance of 133.00 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 of 14 USE PERMIT SUBJECT TO CONDITIONS WENDELL & KASHA LAWRENCE /CUP-00-046 i'1 Thence leaving said line parallel with said East line and along a line parallel with the said North line N90°00'00" E a distance of 180.00 feet to the POINT OF BEGINNING. Said parcel contains 0.55 acres, 23940 square feet more or less and is subject to all easements and right-of-ways of record or implied. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, as herein provided for in the conditions of approval, public facilities and services required by the proposed development will not impose expense upon the public if the conditions of development, as set forth in the Decision and Order number 2, are found to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 13. The use proposed within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 14. The use proposed within the subject application will be subject to the conditions as set forth in the Decision and Order under number 2, and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use will not change the intended essential character of the same area. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 of 14 USE PERMIT SUBJECT TO CONDITIONS WENDELL & KASHA LAWRENCE /CUP-00-046 15. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer. 17. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 18. The use proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 19. Sufficient parking for the proposed use of the property will be provided. 20. The use will not result in the destruction, loss or damage of natural or scenic features of major importance relating to the property. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 of 14 USE PERMIT SUBJECT TO CONDITIONS WENDELL & KASHA LAWRENCE /CUP-00-046 n ,''~ 1. That the Applicant of the property, is granted a conditional use permit for a 48 child care facility in L-O Limited Office, located at 737 N. Linder Road, Meridian, Idaho, and described in the VICINITY MAP, which is attached hereto as Exhibit "A" and consisting of one page, fora 48 child care facility in Limited Office, located at 737N. Linder Road, Meridian, Idaho, and which property is described as: A parcel of land situated in the NE 1/4 of the SE 1/4 of Section 11, T. 3N., R. 1 W., City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the East 1/4 corner of said Section, said point being an Aluminum Monument thence along the East line of said Section S00°00'00" E a distance of 150.00 feet to the POINT OF BEGINNING. Thence continuing along the said East line S00°00'00" E a distance of 133.00 feet to a point; Thence leaving said East line and parallel with the North line of said Section N90°00'00" W a distance of 180.00 feet to a point; Thence parallel with said East line N00°00'00" E a distance of 133.00 feet to a point; Thence leaving said line parallel with said East line and along a line parallel with the said North line N90°00'00" E a distance of 180.00 feet to the POINT OF BEGINNING. Said parcel contains 0.55 acres, 23940 square feet more or less and is subject to all easements and right-of-ways of record or implied. 2. The conditional use permit granted herein is subject to the following terms and conditions: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 of 14 USE PERMIT SUBJECT TO CONDITIONS WENDELL Sz KASHA LAWRENCE /CUP-00-046 /'~ 2.1 Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. 2.2 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. 2.3 A drainage plan designed by a State of Idaho licensed 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. 2.4 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. 2.5 Provide a minimum of one (1) three-inch (3 ") caliper tree per 1,500 sq. ft. of asphalt area on the site in accordance with City Ordinance Section 11- 13-4.B.3.c. 2.6 Ail 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. 2.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.9 In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 of 14 USE PERMIT SUBJECT TO CONDITIONS WENDELL & KASHA LAWRENCE /CUP-00-046 ~"~ the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 2.10 Sanitary sewer and water to this facility shall be via existing service lines. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian. 2.11 Parking: Daycare centers are required under the Off-Street Parking Ordinance to provide one (1) space for every ten (10) children, plus one (1) space per staff member. At 48 children, a minimum of 9 parking stalls shall be required (assuming 5 for children and 4 for staff -but the staff and parking number could increase depending on the ages of children at the center). There are currently only three (3) stalls shown on the Site Plan, leaving a deficit of six (6) stalls; Applicant must have at least nine (9) parking stalls. 2.12 The child care center shall not adversely impact surrounding residential properties due to children's noise, traffic and other activities. 2.13 Applicant shall provide a solid screening of the adjacent properties to the south and west to protect children from adverse impacts and to provide a visual and sound buffer between properties. 2.14 Applicant shall keep all outside play areas free of noxious weeds. 2.15 A Certificate of Occupancy (C.O.) for the childcare center shall be required prior to operation. 2.16 Applicant shall secure and 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 Certificate of Zoning Compliance application. Operator's License shall be on-site for City inspection at all times. 2.17 Applicant shall ensure that immunization of all children is verified prior to acceptance into program. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 of 14 USE PERMIT SUBJECT TO CONDITIONS WENDELL & KASHA LAWRENCE /CUP-00-046 2.18 Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals shall result in revocation of conditional use permit. 2.19 Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for a group child care home. The conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Adopt the Recommendations of the Meridian Fire Department as follows: 2.20 All codes and water supply shall be met. Adopt the Recommendations of Sanitary Services as follows: 2.21 Applicant shall contact Sanitary Services regarding the waste volume and the possibility of a dumpster. Adopt the Recommendations of the Central District Health Department as follows: 2.22 Upon written approval from the appropriate entities the central sewage and central water shall be approved. 2.23 Applicant shall submit the child care center plans for plan review. Adopt the Recommendations of the Nampa SL Meridian Irrigation District as follows: 2.24 The District's Rutledge Lateral courses along the east side of the Applicant's property, and any encroachment within the easement shall be unacceptable without approval through a signed license agreement. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Cleric and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 of 14 USE PERMIT SUBJECT TO CONDITIONS WENDELL & KASHA LAWRENCE /CUP-00-046 then a conformed copy shall be served by the Clerk upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the G~'~ `~~ day of l ~c~6'ed~ L2~ii- , 2000. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILMAN deWEERD COUNCILMAN McCANDLESS VOTED ~v VOTED ~ VOTED_ '~~~%~- VOTED w FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 of 14 USE PERMIT SUBJECT TO CONDITIONS WENDELL & KASHA LAWRENCE /CUP-00-046 ''\ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ll -~l -C~ C~ MOTION: APPROVED: ~ ~.~- ~_ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and CltyAttOrney. ``tttitttt~11{~~rrrrrr~r BY~ ~ G Dated: / / ~ ~~ 4 City Clerk ~~~~ ~~ a~ y msg/Z:\Work\M\MeridianWleridian 15360M\)_,atvrence Day Care\RZ004 & CUP046\CUPFfCIsOrdDec ..~ /,9`j~~~T 15~ ~ ,`~:'"* ,rrrrr%i0dr; ?tt'it;ltt\ FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 of 14 USE PERMIT SUBJECT TO CONDITIONS WENDELL Sz KASHA LAWRENCE /CUP-00-046 -o L 0 ~~ a t 0 0 z Z r., Z z z m m A 0 SKETCH TO ~CO!~1P.=\NY RE7_ONE L~.~AL D=SCRI~TION ~'~N ~ ~~VN~ ~ SECTION 11, T.3N., R.1W., B.M. .~ ~__. ;_ to I~ ;~ I~ !~ ' W Io to ,~ I° ;o to Iz L___ ~°~ N90°00'00"E 180.00' 444 N. CINDER ROAD HEALTHY BEGINNINGS CHILD CARE .55 ACRES 23940 SQUARE FEET N90°00'00"W 180.00' 40 0 20 40 80 SCALE: t" = 40' 0 0 0 w 0 0 0 0 ° 0 0 to ~ j~ ~ ~~o ' W ~o R; to ~ ~~ ~ i° .o ~ i° o '-' I~ ~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FORA 48 CHILD CARE FACILITY IN L-O ZONE LOCATED AT 737 N. CINDER ROAD, MERIDIAN, IDAHO WENDELL AND KASHA LAWRENCE, APPLICANT. Case No. CUP-00-046 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 21 S` day of November, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant is granted a conditional use permit for construction of a 48 child care facility, in an L-O zone at 737 N. Linder Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 2.1 Off-street parking shall be provided in accordance with Section 11- 13-5 of the City of Meridian Zoning and Development Ordinance. 2.2 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 ORDER GRANTING CONDITIONAL USE PERMIT BY WENDELL AND KASHA LAWRENCE, ZONED L-O / (CUP-00-046) - 1 ,~ ~ and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 A drainage plan designed by a State of Idaho licensed 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. 2.4 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. 2.5 Provide a minimum of one (1) three-inch (3 ") caliper tree per 1,500 sq. ft. of asphalt area on the site in accordance with City Ordinance Section 11-13-4.B.3.c. 2.6 All 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. 2.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.9 In accordance with City Ordinance 11-13-4.B.2., underground year- round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 2.10 Sanitary sewer and water to this facility shall be via existing service lines. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian. ORDER GRANTING CONDITIONAL USE PERMIT BY WENDELL AND KASHA LAWRENCE, ZONED L-O / (CUP-00-046) - 2 2.11 Parking: Daycare centers are required under the Off-Street Parking Ordinance to provide one (1) space for every ten (10) children, plus one (1) space per staff member. At 48 children, a minimum of 9 parking stalls shall be required (assuming 5 for children and 4 for staff -but the staff and parking number coL~ld increase depending on the ages of children at the center). There are currently only three (3) stalls shown on the Site Plan, leaving a deficit of six (6) stalls; Applicant must have at least nine (9) parking stalls. 2.12 The child care center shall not adversely impact surrounding residential properties due to children's noise, traffic and other activities. 2.13 Applicant shall provide a solid screening of the adjacent properties to the south and west to protect children from adverse impacts and to provide a visual and sound buffer between properties. 2.14 Applicant shall keep all outside play areas free of noxious weeds. 2.15 A Certificate of Occupancy (C.O.) for the childcare center shall be required prior to operation. 2.16 Applicant shall secure and 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 Certificate of Zoning Compliance application. Operator's License shall be on-site for City inspection at all times. 2.17 Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 2.18 Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals shall result in revocation of conditional use permit. 2.19 Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for a group child care home. The conditional use permit shall be subject to review upon ten (10) days notice to the applicant. ORDER GRANTING CONDITIONAL USE PERMIT BY WENDELL AND KASHA LAWRENCE, ZONED L-O / (CUP-00-046) - 3 ~"t Adopt the Recommendations of the Meridian Fire Department as follows: 2.20 All codes and water supply shall be met. Adopt the Recommendations of Sanitary Services as follows: 2.21 Applicant shall contact Sanitary Services regarding the waste volume and the possibility of a dumpster. Adopt the Recommendations of the Central District Health Department as follows: 2.22 Upon written approval from the appropriate entities the central sewage and central water shall be approved. 2.23 Applicant shall submit the child care center plans for plan review. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 2.24 The District's Rutledge Lateral courses along the east side of the Applicant's property, and any encroachment within the easement shall be unacceptable without approval through a signed license agreement. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. ORDER GRANTING CONDITIONAL USE PERMIT BY WENDELL AND KASHA LAWRENCE, ZONED L-O / (CUP-00-046) - 4 .~'`~ By action of the City Council at its regular meeting held on the ~J6'(~`~..~'ic1 , 2000. G( ~/ day of ~Rob~-t D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Departinen and City Attorney. ``,~zz, zst- rri r rrrr f (~ t~~ f BY' ~t.,.~ Dated: ~~~~~-~~ `„~` C~~` or~q r~f~' ~'`1.,; a City Clerlc ~ o { i y F ` ~ ~ ~ ~ ti ' W msg/Z:\Work\NI\Nleridian\Meridian 15360M\L,awrence Day Care\RZ004 & CUP046\CLIPOrder046.wpd ~'',r~~9~.•~ r ~~~ ~ ~S~" ~+'w +r ery~ • Lx ~~/fJ/t3 QJta'i lta~41~~~ ORDER GRANTING CONDITIONAL USE PERMIT BY WENDELL A1VD KASHA LAWRENCE, ZONED L-O / (CUP-00-046) _ 5 ..~. •-~ ~z ~ Gfsv-l C.~-w u ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MCUP-00-046/MRZ-00-004 737 N. Linder Road Childcare center An application has been submitted to ACRD for approval of a child care center. The application has been referred to ACHD by the City of Meridian for review and comment. The applicant is requesting a rezone from I-L (light industrial) to L-0 (limited office) and conditional use approval to operate a child care center for up to 48 children in an existing office building. The 0.34-acre site is located on the west side of Linder Road approximately 125-feet south of Pine Street. This development is estimated to generate 200 additional (20 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Linder Road ACRD Commission Date -September 20, 2000 - 12:00 p.m. MCUP00-0046,cnvn Page 1 ~~c~ ~7c~ M~RIDI~v ~~ ~;~ :~ a r V ~ I 1 ~fi~ ~ I ~ r ~ ~' _. ~ ---- - i g ,r ib r5 la ~3 r2 •ii 'L I ~ i 3 e ~ ~~ - Q ~ i ;'1: 1 J~YT•JN DR ~ Ic I ~\`...r' _..~-~.. _~ ~ off, ,yam ¢ a ~ ~ \ ~a o ~:~ 'o .3 W~-_ •--c ~. ' ~ ;~~ ~ r ~ { F % `S~Cni IS ~ ~Si ~* ~~~ ._: ,.1y~ IB - .~ 6 ~, : I ~ S(' ' •, K b % ~ ' ~`; ly9r ~iT s 1~9ti 16 '~ `.J O~ " im a ~, ~:, 19 a ~ q~ V ' 9 L~ '~ I'~ ~! ~ 'a I S 19 3 ' ~in IQ ~ I i ~ l_.__ _ _- ~_r 3_ :~ ro ~ ~z . 1I ~`.. _ i SI cz 3:1 .I t9 ?b 2t 2i: 2s ~ 24 23 22 ?r ?0 ~9 i8 I7, I6 \1. /1? ~ .3 ra5sss . . . 6. .~. fail ~CaC'1 - ~ 1 . Sr~.s r 59g.s GE~v.~D ~ . s........ _ ._.... a ~ ."ji.. (`'~~ VG O 1 ~ `,~~1n9 ~ Go~N_ ~~clgaon t ~--.. _..._ P~"~ I ~. - ?- ``\ ~ M -- ~,~,. .~ . . _. ~I r ~' I ~~- ~I. _.' .__~ -- ~~. Facts and Findings: A. Generallnformation Owner -Steve & Linda Eisele Applicant -Wendell & Kasha Lawrence I-L -Existing zoning L-O -Proposed zoning 0.34 -Acres 1,500 -Square feet of existing building 272 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Service Area Meridian -Impact Fee Assessment District Linder Road Minor arterial with bike lane designation Traffic count of 7,589 on 1-6-00 Better than C-Existing Level of Service Better than C-Existing plus project build-out Level of Service 135-feet of frontage 75-feet existing right-of--way (45-feet west from centerline) No additional right-of--way required Linder Road is improved with 2-traffic lanes with no curb, gutter or sidewalk abutting the site. Linder Road is listed in the District's Five Year Work Program for construction to a 3-lane street section with curb, gutter and sidewalk in 2005. The owner of the property previously dedicated right-of--way on Linder Road to tota145-feet from centerline. The previously acquired right-of--way is sufficient for the proposed roadway widening project, and no additional right-of--way is required with this application. B. On August 28, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On September 1, 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. C. 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. D. Request for Modification: District policy requires driveways on Linder Road to align or offset a minimum of 150-feet from any existing or proposed driveways. The proposed driveway, located 63-feet north of the south property line, does not meet the required offsets for driveways on the west side of Linder Road. Staff recommends the indicated modification because the site has insufficient frontage to conform with District policy. MCUP00-0046.cnnn Page 2 E. 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 at least 30-feet into the site beyond the edge of pavement of Linder - Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. F. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcel to the south if they are the subject of a future development application. G. This section of Linder Road is listed for widening in the Five Year Work Program. In lieu of constructing a sidewalk at this time, the applicant should provide a $2,700.00 deposit to the Public Rights-of--Way Trust Fund at the District for the required street improvements of approximately 135-feet of 5-foot wide concrete sidewalk on Linder Road abutting the parcel. The property owner has indicated that when ACRD purchased the additional right-of--way in 1996, he entered into an agreement with the District regarding the construction of sidewalk and that it would not be required. The right-of--way dedication in 1996 was not associated with a conditional use permit or site plan review, and sidewalk was not a requirement because ACRD did not review the site as a development application. Staff has not found any documentation regarding an agreement, and recommends the road trust deposit at this time for the sidewalk. H. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Site Specific Requirements: The proposed driveway on Linder Road, located 63-feet north of the south property line, is approved with this application. Pave the driveway at least 30-feet into the site beyond the edge of pavement of Linder Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 2. Provide a recorded cross access easement for the parcel to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). Provide a $2,700.00 deposit to the Public Rights-of--Way Trust Fund at the District for the required street improvements of approximately 135-feet of 5-foot wide concrete sidewalk on Linder Road abutting the parcel. 4. Other than the access point specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. MCUP00-0046.cmm Page 3 Standard Requirements: 1. 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 inchide 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 reauirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original 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. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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 ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two fiill business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. MCUP00-0046.cnm~ Page 4 ,~-~ ~-. 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 plamled 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 awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted bv: Planning and Development Staff Commission Action: MCUP00-0046,cnm~ Page 5 ~'`~ ~sr O a a ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ s~ cn ~ ~ ~ = z ~ O ~ ~ ~ sp D ~ ~ ~ ~ ~ o ~ -o ~ ui ,° ~ ~ ~ ~ ~ ~, ~ ~ ~ 3 0, ~ 03, ~ °' ~ °3' ~ ~ ~ m ~ ~ ~ m ~ ~ ~ ~ ~ ~ o (!1 W Cell ~V1i C!1 OD (~!1 (~!1 (!1 pUppp1 (71 CJ1 (J1 W N pp ~ 1-+ W W _~ 7rt' ~' ~ ~ 3 0~ 01 Oil 0~ ~i Ol Sl! K K 0- ^OO ^^O p Onn ~ p^^ pnn S S ~ ~nn ~nn ~f ~f K ;-f ~ ~F ~F ;-f ;off ~ 3 a ~ ~ o. ~ ~ ~ ~ m ~ ~ m m m c: d a a d a a a 7 7 ~ 7 7 7 7 7 7 7 3 7 7 7 ~ ~ 0 ~ ~ ~ ~ ~ ~ 0 0 ~ 0 ~ ~ ~ pW W pW1 pW~ W pW~ pW~ pW~ OWE pW~ WW1 pW~ pW~ QW~ W ~? ~ N N ~ N N N N ~? N N N N ~ ~~~ m~~ s ="~. ~ Q ~ 3 O S ~^ ~ 0 0, a ^ O A ~p ~ N C 0 N 3 Q 1"' `fl 3 n ~D to ~~ - \- ~ ~. ~ ~~~ m o n ~ ~ ~ v ~ H m ~o~Q a z O r- c Qo ~ a ~ fp Qo Q, ~ ~ ~ rg' ~ ~, a w m a 3 ~ fD R ~ ~ 07 ~ ~ 3 ~ ~ ~ _ N d N 7 `G ~ 07 V V F'' ~ H ~ tV0 ~Vp Fem., v t-' tp+~ ~... 5Z CC CZZ Z Z tD H V ~ Oz pV ~V p1 .Y"'„ lµ0 ` G < '~ ~' N Z Z ~ V1 Vi ~ O ~-'' K w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ z a D y c ~ ~t~ m ~ ~ m ~ ~ ~ ~ 5 r3~ 3 ~ 3 c; a a a a ~~ ~_; o, ~ ~ ~ d d d a a d > > ~ > j > j ~ a a a a a a a a a a a n w 0° ~i w w w w c°°. w4° ~ w ~ ~ w ~D 3 a 3 a r- n A N ,'"~ October 6, 2000 RZ 00-004 MERIDIAN PLANNING 8~ ZONING MEETING October 10, 2000 APPLICANT Wendell and Kasha Lawrence ITEM NO. ~ REQUEST Continued Public Hearing from 9/12/00 -Rezone of .55 acres from I-L to L-O for a proposed licensed childcare facility for 48 children -Linder Road and Pine Avenue at 737 North Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached COMMENTS See Previous Item Packet~~~ G~~'- cQ., ~-e~ ~~i~ -~~( ~~~-. Contacted: ,l,.~e~r'?/'l?~~~. ~ d~~"-far' i' Date: l ~~,! ~7 Phone: ~~°' ~ `.. r~~a~~~ Materials presented at public meetings shall become property of the City of Meridian. S1 ~ ~D 3" T {'%~ l~e-~-~r~ o ~ - I o is I ~ 2 September 7, 2000 MERIDIAN PLANNING 8~ ZONING MEETING APPLICANT Wendell and Kasha Lawrence REQUEST ITEM NO. ~ Rezoning of .55 acres from I-I to L-O for a proposed licensed childcare center for 48 Children Linder Road and Pine Avenue at 737 N. Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See Attached See Attached See Attached See Attached See Attached See Attached See Attached • ~~b0 l/" 1b<<o BUREAU OF RECLAMATION: OTHER: See attached from Sewer Department and) Sanitary Service Contacted: ~~G(-SI~C~ ~LLUY~1~ C.~ Date: ~ (~ Phone: g ~ ~~ ° a €~~ ~' RZ-00-004 September 12, 2000 Materials presented at public meetings shall become property of the City of Meridian. i`~~YOR Robert D. Corrie CITY COUNCIL ~4EMBF:RS Ron Anderson Keith Bird Tammy deWeerd Cherie I~IcCazidless A Good Place to Live ''~ Cl"TY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 FAX (208) 887-4813 Ciry Clerk Office Fax (208) 888-4218 MEMORANDUM: To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City En ineer ~~~'- Brad Hawkins-Clark, Planner ~,~i~ LI/GAL DI;P.AIZT'~IEN"I' (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DF;PA12'1'MF:NT (208) 887-2211 • Fax 887-1297 PLANNING AND 70NING DE;PAR'fivIF;N1' (208) 884-5533 • FAX 888-6854 September 7, 2000 1~C~ sE T ~1~ P ~ , Z400 ty ~ ~ ke~ld~8 Dff~~~ Re: Request for Rezone of .55 Acres from Light Industrial (I-L) to Limited Office (L- O) with a Conditional Use Permit for a Childcare Center for Up to 78 Children by Wendell and Kasha Lawrence. (File#RZ-00-004 & CUP-00-04~ 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.• APPLICATIONS SUMMARY The Rezone application proposes to rezone a .55-acre parcel at 737 N. Linder Road from its existing I-L to L-O. The Conditional Use Permit application proposes to convert an existing wholesale office building to a childcare facility. The existing center would accommodate up to 48 children but, with the proposed improvements, the applicant wants to expand the facility for up to 30 more children. In June 1999, the Lawrence's were approved for and now operate a childcare center located on Linder Road approximately 1,000 feet south of subject site. LOCATION The subject parcel is generally located at the SW corner of Linder Road and Pine Avenue. The current address is 737 N. Linder Road. SURROUNDING PROPERTIES North -Single family residential home, zoned L-O, separated from site by a 6-foot, chainlink slatted fence. South -Multi-tenant industrial warehouse and storage business, zoned I-L. No fence separation. East - Westlawn Estates Subdivision, zoned R-4. (Screened from Linder by a solid block wall) West -One (1) acre residential lot, zoned R-3 (Meridian), with large garage/shop and open area. OWNERS OF RECORD Steve and Linda Eisele are the current property owners and have provided notarized consent for both applications and for the Applicants to lease the property. RZ-00-004, CUP-00-046 Lawrence Linder Daycare.RZ.CUP Mayor, Council and P&Z September 7, 2000 Page 2 REZONE GENERAL COMMENTS The legal description submitted with the application appears to describe more property than the Ada County Assessor's map shows. The Assessor's map shows a lot depth (from Linder right-of--way to the west) of approximately 110 feet while the legal description states a depth of 180 feet from the east section line. The applicant's land surveyor should review the Assessor data and provide a revised legal description. If possible, please provide the revised legal or a written statement explaining the discrepancy prior to the P&Z Commission public hearing. 2. The subject lot is within the Urban Service Planning Area and designated as Existing Urban in the Comprehensive Plan. 3. The subject lot can be adequately served by public facilities. 4. If rezoned to L-O, the subject lot and building would conform to all required minimum yard, bulk and lot standards. 5. The proposed L-O zone would allow uses that would not be deemed to be incompatible or hazardous with neighboring properties. The property abutting to the north is currently zoned L-O and the Leisman Addition (office park) at the NE corner of Linder and Pine also has L-O zoning. While the property adjacent to the south is zoned Light Industrial, the dominant storage use is a reasonable adjacent use to L-O /daycare uses with appropriate screening. 6. Staff recommends that a Development Agreement not be required for this application. REZONE SITE SPECIFIC REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of property. RECOMMENDATION Staff recommends approval of the requested L-O zone with the above conditions. RZ-00-004, CUP-00-046 Lawrence Linder Daycare.RZ.CUP Mayor, Council and P&Z September 7, 2000 Page 3 CONDITIONAL USE GENERAL REQUIREMENTS 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 a State of Idaho licensed 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. 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. Provide a minimum of one (1) three-inch (3") caliper tree per 1,500 sq. ft. of asphalt area on the site in accordance with City Ordinance Section 11-13-4.B.3.c. 6. All 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. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. 9. 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. CONDITIONAL USE SITE SPECIFIC REQUIREMENTS Sanitary sewer and water to this facility would be via existing service lines. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian. An assessment agreement is a vehicle that protects the City of Meridian and the applicant in the event that estimated assessments are not in line with actual usage. The agreement provides for reimbursement to the applicant for overpayment of assessments and payment RZ-00-004, CUP-00-046 Lawrence Linder Daycare.RZ.CUP Mayor, Council and P&Z September 7, 2000 Page 4 to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2. Parking: Daycare centers are required under the Off-Street Parking Ordinance to provide one (1) space for every ten (10) children, plus one (1) space per staff member. The Applicant is proposing a total of 48 children at the existing building and 78 children at building and site build-out. At 48 children, a minimum of 9 parking stalls would be required (assuming 5 for children and 4 for staff -but the staff and parking number could increase depending on the ages of children at the center). There are currently only three (3) stalls shown on the Site Plan, leaving a deficit of six (6) stalls. At 78 children, a minimum of 16 parking stalls would be required (assuming 8 for children and 8 for staff -again the count may increase depending on the ages). Under this scenario, there is a deficit of 13 stalls. The application states (item #12) that an estimated 15 new jobs will be provided by this new center. If all of these employees drive to the site, the above-mentioned parking numbers would need to be increased by seven (7), making the parking deficit even greater. Given the undeveloped, northern portion of the lot (approximately 3,500 s.f. of vacant ground), it appears there would be sufficient space to add two (2) rows of angled parking, providing possibly 10-12 new stalls. However, this would depend on the design of the building expansion, which has not been provided to the City yet. Until such time as a more detailed Site Plan showing exactly how the parking and building expansion would fit on the site, Staff recommends the Commission approve a maximum of 30 children at the site, based on the limited parking. (The Applicant should address the staffing and parking demands at their existing center, which has 16 parking stalls for a maximum of 50 children at the center.) 3. If the Assessor's lot size is correct (110 feet deep -which still needs to be determined), the outdoor play area in the rear of the building is approximately 12' x 155', or 1,860 s.f. The Meridian Fire Department does not have a recommended minimum ratio of outdoor play area, but 25 s.f. per child for outdoor play areas is a commonly used ratio. At this ratio, the maximum number of children this outdoor play area would accommodate is 74. While there is no City ordinance dealing with this issue, Staff recommends the Commission and Applicant take this into consideration. 4. The floor plan submitted with the application shows the interior floor area to be 1,386 s.f., of which approximately 1,100 s.f. is usable area. Idaho State Code requires a minimum of 35 s.f. per child for internal use areas. At 1,100 s.£, this would allow for a maximum of 31 children at the existing building. As noted in #2, Staff is recommending a maximum of 30 children at this site until the parking, lot size, and revised plans showing future building footprint are submitted. ACHD's draft staff report on this project requires the Applicant to dedicate 48 feet of RZ-00-004, CUP-00-046 Lawrence Linder Daycare.RZ.CUP Mayor, Council and P&Z September 7, 2000 Page 5 right-of--way on Linder Road. However, since Linder is currently slated for expansion to only three (3) lanes in 2005, the right-of--way width could be less than 48 feet (which is the 5-lane dedication width). Additionally, ACHD is not certain if right-of--way was already dedicated in 1995 when the existing building was built. Since this issue is not settled and will have a direct bearing on the amount of buildable area on this lot -especially for parking -Staff recommends this item be tabled until ACRD can verify the total amount of required right-of--way dedication. 6. The child care center shall not adversely impact surrounding residential properties due to children's noise, traffic and other activities. 7. Applicant shall provide a solid screening of the adjacent properties to the south and west to protect children from adverse impacts and to provide a visual and sound buffer between properties. Applicant must keep all outside play areas free of noxious weeds. 9. A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation. The Meridian Building Department confirmed with Staff that the existing building at this address (737 N. Linder) received a C.O. on 3-29-96, issued to the current property owners. However, any new structural changes to the building require a building permit and a new C.O. must be obtained. 10. Applicant shall secure and 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 Certificate of Zoning Compliance application. Operator's license shall be on-site for City inspection at all times. 11. Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 12. If the conditional use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals will result in revocation of conditional use permit. 13. Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for a group child care home. The conditional use permit shall be subject to review upon ten (10) days notice to the applicant. RZ-00-004, CUP-00-046 Lawrence Linder Daycare.RZ.CUP ~ ~ NUB OF TREASURE VALLEY MAYOR Robert D Corrie A Good Place to Live LEGAL DEPARTMENT . CITY OF MERIDIAN (208) 288-2499 -Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (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 Hall Attn: Will Berg, City Clerk, by: September 5,2000 Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000 File No.: RZ-00-004 Request: rezoning of .55 acres from I-L t oL-O for a proposed licensed childcare center for 48 children By: Wendell and Kasha Lawrence i_ocation of Property or Project: Linder Road and Pine Avenue at 737 N. Linder Road Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z 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 Building Department _~` Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: ~- "1 ~11f ,r S to r If(. ~~~ `~ ~r/~ ~ ~'' ~ ~ ~, ~--. ~ - ` SEP - ~ 7n~s~ ,.. ~~ (~~ ~` f r3r~ia a~ ~„ ~ ' MAYOR ^ ~ HUB OF TREASURE VALLEY Robert D. Come CITY COUNCIL MEMBERS A Good Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT (2°8)'88 2499 • Fax 288.2501 PUBLIC woRKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (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 Hall Attn: Will Berg, City Clerk, by: September 5,2000 Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000 File No.: RZ-00-004 Request: rezoning of .55 acres from I-L t oL-O for a proposed licensed childcare center for 48 children By: Wendell and Kasha Lawrence t_ocation of Property or Project: Linder Road and Pine Avenue at 737 N. Linder Road Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z 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 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department _~.,_._ J ~ ;~ t Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PPIFPIPFP - 30 AZ - 27 R,~CE~D AUG 2 4 2000 CITY OF MERIDIAN ~--, ~ . HUB OF TREASURE VALLEY MAYOR Robert D. Cowie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 53642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (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 Hall Attn: Will Berg, City Clerk, by: September 5,2000 Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000 File No.: RZ-00-004 Request: rezoning of .55 acres from I-L t oL-O for a proposed licensed childcare center for 48 children By: Wendell and Kasha Lawrence Location of Property or Project: Linder Road and Pine Avenue at 737 N. Linder Road Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z 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 Building Department Fire Department k. Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: R,~cErv~D AUG 2 5 2000 CITY OF MERIDIAN 08/29/2000 06:53 2088885052 SANITARY SERVICE PAGE 04 ~ ^ _. ~+ tvtAYOR XUB OF TREASURE VALL~'Y ` , Robert A. Come A Good Place to Live LEGAL DEPARTMENT ~ ~' CITY C ~ / ~~~; T O~ ~ ~ 8•L501: . B (ZOS) OUNCIL MEMBERS . w , a•~'"-~ { , P UBLIC WORICS Ron Anderson 33 EAST IDAFTO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 t208) 8s~-z2 t 1 `Fax 887.1297 Tammy deWcerd (208) 888-4433 • Fax (208) 887-48 t3 PLANNING ANp zONMG Cherie McCandlcss City Clcrk Oftice Fax (208) 838-4218 DEPAIt7MENT (ZOB) 884.3333 • Paz 888-6334 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 Hall Attn: Will Berg, City Clerk, by: September 5,2000 Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000 FIIe No.: RZ-00-004 Request: rezoning of .55 acres from 1-L t oL-O for a proposed licensed childcare center for 48 children By: Wendell and Kasha Lawrence t.ocatlon of Property or Protect: Linder Road and Pine Avenue at 737 N. Linder Road -`~. -Sally Norton, P/Z Bill Nary, P/Z , Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P2 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 Bu(Iding Department Fire Department Police Department City Attorney City Engineer City Planner Gan -26 PPrfPlPFP • 30 AZ • 27 Meridian School District Meridian Post Office (FP/PP) . Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers irrigation District Idaho Power Co. (FP/PP) U,S. West {FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Conci Remarks: ~e»~,~-u~Cca..~ ~.. ,~,ti//, ci -•--d--- R,~c~~D AtJG 2 8 2~~ CI~'Y 0~ IVIEI~III~IAI~i AUG 29 ' 00 07 ~ 01 2088885G15~ aor.~ r~~ - , MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless '~" NUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-221 t • Fax 887-1297 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING 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 Hall Attn: Will Berg, City Clerk, by: September 5,2000 Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000 File No.: RZ-00-004 Request: rezoning of .55 acres from I-L t oL-O for a proposed licensed childcare center for 48 children By: Wendell and Kasha Lawrence location of Property or Project: Linder Road and Pine Avenue at 737 N. Linder Road Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor -Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C _ ~C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 28 PP/FP/PFP - 30 AZ • 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: ~/~ ~~~,CJS s~_ ~g~ REc~zv~D AU6 2 8 2000 CITY 0~' MERIDIAN ,~~0 ~G~ ~~o© ~e~~~ ~ ~~ a CENTRAL •• DISTRICT ~ITHEALTH DEPARTMENT Rezone ## r / ~C~~D - °- ~ tvuu Conditional Use ## Preliminary /Final /Short Plat /// /f/l / ~~ /L~ /if / J _ ~ ~ LY~A ~(/ ~ K t1. \ L U / /Q. . ~ of .sue. 1 t7 A i Return to: ^ Boise ^ Eagle Garden City Meridian Kuna ^ Acz I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 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: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ 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: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. 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: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. Date: ~/ 2~/ aZ~ Reviewed By: _~~~ti ~ CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division CDHD ID/91 rcb, rev. 7/91 Review Sheet ir. R,~C~~D AUG 3 12000 CITY OF MERIDIAiV 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 AUgUSt 28, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 Meridian City Hall 33 East Idaho Meridian, ID 83642 Re: RZ-00-004 Rezone from I-L to L-O for proposed License Childcare Center for Wendell and Kasha Lawrence Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above-mentioned proposed rezone. Sincerely, ~~~~ Bill Henson, Asst. 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N N N N N N N N N N 9 ~ 37 ~ .O.N ~m ~ ` N (A TG O V i 2 moo3~'~ mn ?~vv,D~ m ~ ~Y Q ~m c ado' ~ mn -a~m3 ~ cam, y~ ~ . c ~ m Q m S m m T O _ I C W T ~ O G N C p I ~ 0 ~ ~ (p ~ 1 a y 3~~ I ~ = m ~ y m o~~ m ~ c a„~' ~ ~ n ~ maya~a ,O j 7 d ~~ '°' j~^.N O ~ ! ~ (D ~~ N j ~ ~ a c F° m p n ~ N~ ~ Q o0'm~~ ~ D~.n ocn cl"~ ~ p o i ~ m a , m Q 3 ` 3 g m? °i o a . ~ C/1 p Na y O C •V a a ~ ~ ~ ~ m ~ c n H c 3 m m ; E ~ N ~ _. 3 , -o ~ po,~ ® v n ` N N N N a amtc `,m ~ ,-~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on September 12, 2000, for the purpose of reviewing and considering the application of Wendell and Kasha Lawrence for Rezoning of .55 acres from I-L to L-O for a proposed Licensed Childcare Facility for 48 children; Furthermore, the applicant also requests a Conditional Use Permit for a Licensed Childcare Facility for 48 children in a proposed L-0 zone generally located at Linder Road and Pine Avenue at 737 N. Linder 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 Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 21 Sc day of August, 2000 ILLIAM G. BERG, JR., TY CLERK ~~ . `ai ~,~ w PUBLISH August 25, 2000 and September 8, 2000 :,: ~~~ ~d °.r~~~~~~'f=;Wj* tom{ ,'~~ , ~,yti ~ d f ~ ~ ~ r ~ : ~ ~ t `~ ~ ~ ~~~~ _`~''~~ NOTICE OF HEARING ~. NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on September 12, 2000, for the purpose of reviewing and considering the applications of: Power Engineers c/o Micron Technology dba Crucial Technology for a Conditional Use Permit to allow a telephone call center in an I-L zone generally located off Eagle Road between Franklin Road and Fairview Avenue; Wendell and Kasha Lawrence for rezoning of .55 acres from I-L to L-O for a proposed Licensed Childcare Facility for 48 children; furthermore, the applicant also requests a Conditional Use Permit for a Licensed Childcare Facility for 48 children in a proposed L-O zone generally located at Linder Road and Pine Avenue at 737 N. Linder Road. PUBLISH August 25, 2000 and September 8, 2000