The URL can be used to link to this page

Home My WebLink AboutShelly Fournier CUP July 3,2006 MERIDIAN PLANNING & ZONING MEETING CUP 06-018 July 6, 2006 APPLICANT Shelley Fournier ITEM NO. 8 REQUEST Public Hearing - Conditional Use Permit for a daycare facility for 6-12 children for Shelley Fournier by Shelley Fournier - 2567 N. Black Bear Way CITY PLANNING DIRECTOR: COMMENTS (J rdifll!: mr . __ /J f+-ep{1J'e r" '/1rJ fJ ro V'-(LY &UJ({l~.,ft Apprr;,'rf1 ~ cjc 1<f3 - /J1Yl See attached Staff Report / Comments Lf _() AGENCY CITY CLERK: CITY ENGINEER: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See attached Comments CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: No Comments No Comments CENTRAL DISTRICT HEALTH: See attached Comments See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS'IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See attached Affidavit of Posting / Comments from Sally Ponath confacted:'S~",,~....~_ Date:7(3!C4 Phone: ~'2'-<{~.3 Emailed:S~a~&..I<<...........-ktafflnitialS:f..112.. ~ Materials presented at publiC meetings shall become property of the City of Meridian. . .,#f~~it, ACHD ~ M~ eo~ed1(, ~ John S. Franden, President Carol A. McKee, 1st Vice President Dave Bivens, 2nd Vice President Sherry R. Huber, Commissioner Rebecca W. Arnold, Commissioner June 20, 2006 TO: Shelley Fournier 2567 N. Black Bear Way Meridian. ill 83642 RECEIVE]) SUBJECT: MCUP06-018 Day Care 2567 N. Black Bear Way. ;' f ~; 'I ,,; -'Jf)(1r~ .,.. "~"'.' - ,( f.. i... ~/ ..~I..1 CITY OF MERIDIAN CITY CLER.K OFFICE The Ada County Highway District (ACHD) staffhas received and reviewed the application and site plan for the item referenced above. The ACHD Commission will not hear this item unless thc sitc plan is changed in such a manner as to require Commission review. However, ACHD receives many calls from neighbors of day care centers concerning the volume of traffic and the number of parked vehicles near existing day care centers. Each parent typically makes two round trips per day (Le. four one-way trips). The Institute of Transportation Engineers (IrE) data shows that a typical day cares created 4.52 vehicle trips per day per student. The proposed 12 student facility can be expected to generate 54 total vehicle trips per day. All future design plans 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 in writing by the District. If you have any questions feel free to contact me at (208) 387-6187. Sincerely, / ~.._...,' ..._..--..- /1' .' /.-' --"7 I ~V~ {, ./ / - ./r-:',: ' ,: > . /0../" ..r"---<""/" 10seWi W. Knnz ~ Right-of- Way & Development Services Cc: Project File Meridian Ada County Highway District · 3775 Adams Street. Garden City, 10 . 83714 . PH 208 387 6100 . FX 345-7650 . www.achd.ada.id.us (I CENTRAL .. DISTRICT -~E6~!~ <,' . d...../\JTRAL DISTRICT HEAL T~r DEPARTMENT Environmental Health Division Rezone # Conditional Use # L U P 66 - 0 I k" Preliminary I Final I Short Plat Return to: o Boise DEagle o Garden City ~eridian o Kuna OACZ o Star o 1. We have No Objections to this Proposal. o 2. We recommend Denial of this Proposal. o 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. o 4. We will require more data concerning soil conditions on this Proposal before we can comment. o 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: o high seasonal ground water 0 waste flow characteristics o or bedrock from original grade 0 other o 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. o 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. o 8. After written approval from appropriate entities are submitted, we can approve this proposal for: o central sewage 0 community sewage system 0 community water well o interim sewage 0 central water o individual sewage 0 individual water o 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: o central sewage 0 community sewage system 0 community water o sewage dry lines 0 central water o 10. Run-off is not to create a mosquito breeding problem. o 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. o 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. o 13. We will require plans be submitted for a plan review for any: o food establishment 0 swimming pools or spas o beverage establishment 0 grocery store o child care center o 14. Please see attached stormwater management recommendations ~. ~//,~) ~/// ~cel.4 ~t7,,~~j .su.&.~ (: ,.,.,o-rt-! W / (I (JJ.lo rBj ~k7 Reviewed By: II e.,u..,{ure Date:~~~ C-~ Review Sheet 1 S72IHlO1EHOB04 r J,," Page I of I Barbara Shiffer From: Andrew Mentzer [Amentzer@achd.ada.id.us] Sent: Thursday, June 22,20063:12 PM To: Barbara Shiffer Subject: MCUP-06-018 REGEIWD-- JUN 23 2006 City Of Meridian City Clerk Office I recently spoke with the applicant of the above mentioned in-home daycare facility. Due to the fact that she is not proposing any changes with this application, and we do not charge impact fees for such a facility. our Development Review will not need to see civil drawings for comment. If there are any questions or concerns, feel free to contact me, or any of the other District Planning Staff. Best wishes!-AJM ".6/22/2006 MAYOR TAMMY DE WEERD ( COUNCIL MEMBERS JOE BORTON KEITH DIRD CHARLES M. ROUNTREE SHAUN WARDLE RURAL FIRE COMMISSIONERS RICHARD GREENE TERRY LEIGHTON CLAIR BOWMAN '.:f:"f' ~ U ./'" (;IW OF '~~i_ '-/Vlerldia:n;' { CHIEF RON ANDERSON ASST. CHIEF KEN W, BOWERS DEPUTY CHIEF. FIRE PREVENTION JOSEPH SILVA DEPUTY CHIEF - TRAINING BILL JOHNSON 540 EasI Franklin Road "RE(;!~WI) JUN 2 ~~ 2006 :::=::,'~!..;;::;~~;<~',_1:!::;:'~~~2;;!~~~.......~~~.2.~~r-.!~.R~~,q1"!:S:\~,!":', '/l~~~':~,":>"<',::'drill~:!!t:, ~<Y~~t?!~!::'y~,1J7~~3;""~'~~~!""":><<' ,<,o-il "."~ ">>:~~:/:0,,:,':f::"l':(':'>!. ~..:...<:AA~^>:m>~i0W~~>~*~~MA><'<""<,~l>,~~1 .. .. ... 'CIty Of Meridian -,----. ~ mefI{60ffice MERIDIAN CITY/RURAL FIRE DEPARTMENT City Staff Meeting Date 6-16-06 Reviewer: C8J Joseph Silva D Rich Greene 0 Cal Clevenger DKW Bowers Planner Assigned: D Caleb Hood o Sonya Watters DMatt Ellsworth E-Mail to Planning Staff D D Anna Canning o Kristy Vigil D Steve Siddoway OJ enny Veatch SUBJECT: File/Subdivision - Shelley Fournier Daycare 2567 N. Black Bear Way File No. - CUP 06-018 The following will be the requirements and/or concerns to provide minimmn levels of fire protection for the proposed project: .32. All Daycare's with 7 or more children must pass an inspection using the criteria of the Idaho State Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an inspection will be completed at a cost of $20. June 15,2006 RECEIVED JUN j 6 2006 City Clerk's Office 33 E Idaho Avenue Meridian, Idaho 83642 C.ity of Meridian CIty Clerk Office Re: CUP 06-18 Shelley Fournier, 2567 N. Black Bear Way, We own the property known as: 2565 N. Snow Goose-in--the-Hunters Point subdivision. No ,where in the CCRs doesjt sayanytbing about having daycares in this subdivision, if it had done so we probably would not have purchased this home. We would like to give written testimony as to our opposition to a daycare in our community. The following are our considerations as to why we object to a business run in this residential community: · Change the residential character of the development · Increase traffic · Set a precedent for more daycares in the development . If this in-home business is approved other neighbors could want in-home: -beauty parlors -massage parlors -small appliance repair shops -computer services -to name just a few This is an excellent subdivision, quiet and a community of people who can enjoy the privacy and character of a good subdivision. We do not want our property values to decline, as might be the case if this daycare application waS accepted. Future buyers would wonder what would be the next business to open in this subdivision. :t':;;~ Sally onath P.o. Box 685 Middleton, ill 83644 II - .. ..._~. ---". ** TX CONF I RMFlT ION R~PORT ** AS OF JUN 16 '06 16;23 PFlGE.01 CITY OF" MERIDIAt--1 DATE TIME TO/FROM 03 e6/16 16:22 P-FlND-Z MODE MIN/SEC PGS CMD~ STFlTUS EC--S 00' 24" em 216 OK -------------------------------------------------------------------------~-~---------------- June 15, 2006 City Clerk's Office 33 E Idaho Avenue Mc:ri~ Idaho 83642 RECEIVED JUN 1 6 2006 C.ity of Merid1an CIty Clerk Offic@ Re: CUP 06.18 Shelley Foumier, 2567 N. Black Bear Way, We own the property known as; 2565 N. Snow Goose in.tbe-HunteJ:s Point subdivision. No .where in the CCRs does it say anything about having daYCaRS in this subdivision, if it had done so we probably would not have purchased 1his home. We would like to give writteD testimony as to our opposition to a day~e in our community. The following are our considerations as to why we object to a business run in this residential community: · Change the residential character of the development . Increase traffic · Set a precedent for more daycares in the development · If this in-borne business is approved other neighbors could want in.home: -beauty parlors -massage parlors ..small appliance repair shops -computer services -to name just a few This is an excellent subdivision, quiet and a community of people who can enjoy the privaGy and cbara(;ter of a good subdivisioD. We do not want our property values to decline, as might be the case if this daycare application was accepted_ Future buyers would wonder what would be the next business to open in this subdivision. EIY~ ~nath~ P.O. Box 685 MiddletoD,. 10 83644 \\ AFFIDAVIT O.POSRNG RECEIVED JUN 2 8 2006 C!ty of Meridian CIty Clerk Office I.~(m~. a~J ~~~.~ (N ) (Address) (Phone) JJ:Q.f\t\nf\ (City) , ~ V\o.., being first duly sworn upon oath. depose and say: (State) ... ,,....-,, , SUBSCRIBED AND SWORN to before me the day awl year first above written. ~t96J~ otary Public of Idaho . Residing at ~rl d~ J ::cO My Comn'Iission Expires: W1 \. \ '\ \ \ ; \ \ ; \ i ... .....\\ J\ \ C~C/~di([n~:;\ .:{'~SMITTALS TO AGENCIES FOR COMMENTS ON ~. IDAH~ ,_.c:--j:\~,~1't,PMENT PROJECTS WITH THE CITY OF MERIDIAN Q-At-j' , ._ "...-~... ''7"'~r ~ ~\ ' . , . -' .'~ ~ ..... !l,.....~;~ '_,~l.~<,_. ~.\j h.!J'I"'TR"'\li!J~~v, '1'." To in~).Ire that your comments and recommendations will be considered by 903... \ t})'.e;~er!.dtcm. Planning and Zoning Commission please submit your \. _,-:':"~"oo~'l)lf.nts and recommendations to Meridian City Hall r.;"" :.. -" ",\);.>,1- J'Attn:..WiIUrerg, City Clerk, by: June 26, 2006 .' ...... ......J..... .- ,,:'~_:rransmittal Date: May 31, 2006 { ~. . \..-- ",. Hearing Date: July 6, 2006 Request: Public Hearing - Conditional Use Permit for a daycare facility for 6-12 children for Shelley Fournier f: MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith B.ird Joseph W. Borton Charles M. Rountree Shaun Wardle File No.: CUP 06-018 CITY DEPARTMENTS City Attorney/HR 703 Main Strppt 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 By: Shelley Fournier Location of Property or Project: 2567 N. Black Bear Way Fire 540 E. Franklin Rmcl 888-1234/ fax 895-0390 _ David Zaremba (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Keith Borup (No FP) _ Tammy de Weerd, Mayor Charlie Rountree, CIC Joe Borton, CIC Keith Bird, CIC Shaun Wardle, GIG XWater Department _ Sewer Department Sanitary ServiceS(No VAR, VAC, FP) Building Department I Rich Greene Fire Department Police Department = City Attorney City Engineer City Planner Parks Department Parks & Recreation ] 1 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6844 Police 140] E. Watertower Lane 888-6678 / fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 MYM-5500 / tax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road RR8-)191 / fax 884-0744 - Water 2235 N.W. 8tb Street 888-5242/ fax 884-1159 Your Concise Remarks: Meridian School District (No FP) Meridian Post Office(FP/PP only) _ Ada County Highway District _ Ada County Development Services Central District Health _ Nampa Meridian Irrig. District Settlers Irrig_ District -Idaho Power CO. (FP,PP,CUP) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) _ Ada County Ass. Land Records _ Meridian Development Corp. Historical Preservation Comm. RECEIVED JUN n 7 2006 City Of Meridian City Clerk Office ~&1Ea CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - fAX 888-4218 FINANCE & UTILITY BILLING - fAX 887-4813 MAYOR'S OffICE - fAX 884-8119 Printed on recyded paper ....1 clfe~;d/fln ~ ~.~ TRANSMITTALS TO AGENCIES FOR COMMENTS ON ~'C"""..(,~~r?~JDEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN ".' 'I""~,RB'\$~~ "'" To Insure that your comments and recommendations Will be considered by MAYOR ...' .' "6y~03 !11~ Meridian Planning and Zoning Commission please submit your Tammy de We~,~d' ~, '~ ,\ ... ," .,' '. .':,~'i/~, comments and recommendations to Meridian City Hall CITY COUNCIL MEMI3EJ'l-~(\~':'"' :'r';,;fSttrt." Will Berg, City Clerk, by: June 26, 2006 Keith Bird ,,- '.'- ,,-~~;/l _?-~:>''''Transmittal Date: May 31, 2006 FileNo.: CUP 06-018 Joseph w. Borton -. .....>- J I 20 Charles M. Rountt~e ::j:~' Hearing Date: u y 6, 06 Shaun Wardle Request: Public Hearing - Conditional Use Permit for a daycare facility for 6-12 children for Shelley Fournier l: CITY DErARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax RR4-8723 By: Shelley Fournier Location of Property or Project: 2567 N. Black Bear Way Fire 540 E. Franklin Road 888-1234 / fax 895-0390 David Zaremba (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Keith Borup (No FP) Tammy de Weerel, Mayor Charlie Rountree, CIC Joe Borton, CIC Keith Birel, CIC Shaun Wardle, GIG -----Y'Jater Department K Sewer Department Sanitary Services(No VAR, VAC, FP) Building Department I Rich Greene _ Fire Department _ Police Department City Attorney City Engineer = City Planner Parks Department Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678/ fax 846-7366 Puulic Works 660 E. Watertower Lane Suite 200 898-5500/ fax l:i':l5-':I551 - Bu.ilding 660 E. Watertowcr Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax RR4-0744 - Water 2235 N.W. 8th Street 888-5242/ fax 884-1159 Your Concise Remarks: Meridian School District (No FP) Meridian Post Office(FP/Pp only) _ Ada County Highway District Ada County Development Services - Central District Health _ Nampa Meridian Irrig. District Settlers Irrig. District -Idaho Power Co. (FP,PP,CUP) Qwest (FP/PP only) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) _ Ada County Ass. Land Records Meridian Development Corp. =Histoncal:REC~fVED JUN 0 7 2006 City Of Meridian City Clerk Office N&jF CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884"8119 Printed on recycled paper CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAKINU DATE OF JUL Y 6, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: July, 6, 2006 Planning & Zoning Commission Kristy Vigil, Assistant City Planner Shelley Fournier Childcare 7 J . ~eridian Or/ala it! lerlt Office I; . 1l1..,1-1(' )If \'8.. . ~~. r"/ ..-.~~r.t~f'",~'fil'Sf'l,~~-' w,,) ., -.---.. .. iii, - --------- ------CUP-06-018 Conditional-l=Jsepennit tor a Group Childcare Facility for Six to Twelve (6- 12) Children in an R-8 zone. I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Shelley Fournier, has applied for Conditional Use Permit approval to operate a group childcare facility out ot" her home. The subject site is located at 2567 N. Black Bear Way, within Tract Subdivision No.3. The site is currently zoned R-8. A group childcare facility in the R-8 zone requires COP approval (UDC 11-2A-2). 2. SUMMARY RECOMMENDATION Stafr has provided a detailed analysis of the requested application below. Staff recommends approval of CUP-06-018 for Shellev Fournier as presented in the staff report for the hearine date of Julv 6. 2006. subiect to the conditions listed in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP- 06-018 as presented in the Staff Report for the hearing date of July 6, 2006, and the submitted site plan with the following modifications to the conditions of approval: (add any proposed modifications). I further move to direct staff to prepare an appropriate findings document to be considcrcd at the next Planning and Zoning Commission hearing on July 20, 2006. Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-06- 018 as presented during the public hearing of July 6, 2006, for the following reasons: (you must state specific reason( s) [or the denial of the conditional use penn it. ) I further move to direct Legal Department Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on July 20, 2006. Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-06-0 18 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2567 N. Black Bear Way; Lot 12, Block 8 of Tract Subdivision No.3; Section 6, T3N RIE b. Owners: Shelley and James Fournier 2567 N. Black Bear Way Shelly Fournier CUP-06-018 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006 Meridian, Idaho 83642 c. Applicant: Shelley Fournier 2567 N. Black Bear Way Meridian, Idaho 83642 d. Representative: Shelley Fournier e. Present Zoning: R~R f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval for a group childcare care facility for six to twelve (6~12) children to be run out ofthe existing single~family residence. 1. Date of CUP Site Plan (attached in Exhibit A): Undated 2. Date of Landscape Plan (attached in Exhibit A): Undated h. Applicant's Justification Statement (from application materials): "I will be using my home to continue my home childcare. There will be no changes made to the structure of my home" (see applicant's letter). 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions ofUDC ll-5B-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: June 19, 2006 and July 3,2006 c. Radius notices mailed to properties within 300 feet on: June 9, 2006 d. Applicant posted notice on site by: June 26, 2006 6. LAND USE a. Existing Land Use(s): Residential b. Description of Character of Surrounding Area: Single~family residences. c. Adjacent Land Use and Zoning 1. North: Residential, zoned R~8. 2. East: Residential, zoned R~8. 3. South: Residential, zoned R~8. 4. West: Residential, zoned R~8. d. History of Previous Actions: On May 30, 2006, Planning Staff approved an Accessory Use Permit for a family daycare for six or fewer children on this site. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There are existing stubs to this property. Location of water: There are existing stubs to this property. Shelly Fournier CUP-06-0 18 CITY or MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HbAKINU DATE OF JULY 6,2006 Issues or concerns: None. 2. Vegetation: Existing landscaping installed by the owner (s). 3. Floodplain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None. 6. Proposed Zoning: N/A 7. Size of Property: 0.15 acres f. Conditional Use Information: 1. Non-residential square footage: N/ A 2. Proposed building height: N/A g. Off-Street Parking: 1. Parking spaces required: The UDC does not specify a required number of parking spaces for a childcare facility. Parking requirements are based on the underlying zoning district. In this case, the R-8 zone requires each house to provide at least a 20' by 20' garage and a 20' by 20' parking pad area. The existing structure/lot complies with this requirement of the UDC. 2. Parking spaces proposed: 3 on site spaces. h. Proposed and Required Non-Residential Setbacks (NOTE: No new construction is being proposed): Front Side Rear Max. Building Height Min. Lot Size Min. Street Frontage 7. COMMENTS MEETING R-8 Standard 20/15 feet 4 feet 12 feet 35 feet 5,000 50 On June 16, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, and thc Sanitary SeIVices Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Residential" on the Comprehensive Plan Future Land Use Map. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): · Require that development projects have planned for the provision of all public seIVices. (Chapter VII. Goal III, Objective A, Action 1) Shelly Fournier CUP-06-018 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THt:: HeARING DATE OF JULY 6, 2006 When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the land in the following manner: · The land is under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the ]Vfetidian Rural Fire Department. · The land will be serviced by the Meridian Police Department (MPD). · The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD) and lTD. This service will not change. · The subject lands are currently serviced by the Meridian School District #2. This service will nnt change. · The sUQject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. · Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objl:l,;livl: C, Adion 1) The applicant is proposing a child care facility adjacent to existing residentially zoned properties. Staff finds that impacts to the existing residential properties can be limited through design as to be compatible with the proposed development, if appropriate fencing, landscaping, and other conditions related to hours of operation and restrictions on the outdoor play area are imposed on this project. Staff did receive a letter regarding the proposed application. Among the concerns addressed was "Change to the residential character of the development. " The applicant has stated in her letter "There will be no changes made to the structure of my home. " Stafffinds that the proposal is harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UUC 11-2B-2lists a group day care as a Conditional Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the Residential Districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Five Districts are designated which are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. No dimensional modifications are being requested for the proposed development. There are several day care standards listed in UDC 11-4-3.9. Analysis ofthese specific use standards are provided in Section 10 below. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation UDC 11-4-3.9 lists the following standards for all Day Care Facilities (staff analysis in italics): Shelly Fournier CUP-06-018 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HbARINU DATE OF JULY 6, 2006 1. In determining the type of day care facility, the total number of children cared for during the day and not the number of children at the facility at one time, is the determining factor. The operator's children are excluded from the number. The applicant is proposing to have up to 12 children per day. Because no more than 12 children will be at the facility, this is a group day care facility. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. The applicant is proposing the drop o.tflpick up area in the existing driveway area and the area on the street in front of her home. The driveway is large enough to accommodate three parking stalls. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. Staff recommends that the Commission allow up to 12 children to use the subject facility, as requested. Stajjfurther recommends that the hours of operation for this business be limited from 6:00 a.m. to 7:00 p.m. NOTE: The applicant stated that the hours of operatiun are expected to be from 6:00 a.m. to 6:00 p.m. Staff recommends that an additional hour be allowed to accountfor any parents/guardians that may run a little late. 4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho Department of Health and Welfare - Family and Children's Services Division. Staff is including this condition within Exhibit B. 5. In residential districts or uses adjoining an adjacent residew.:e, the huurs uf operation shall be between 6:00 a.m. to 11 :00 p.rn. This standard may be modified through approval of a Conditional Use Permit. See Standard #2 above. Additional standards fm- day care facilities that serve dlildren: 1. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non-scalable fence to secure against exit/entry by small <.;hildren and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the Meridian City Municipal Code. The existing dwelling is fenced with a six-foot (6') wood fence. 2. Outdoor play eyuipmmt over six feet (6') high shall not be located in a front yard or within any required yard. Althuugh no play equipment over six feet in height is being proposed, staff is including this restriction within Exhibit B. Further, because the proposed plav area backs-up to residential properties. staff recommends that no outdoor olav eauioment over six reet hi'Zh be allowed on the west side orthe buildinf!. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. Staff is including this condition within Exhibit B. Site Plan: The UDC does not establish minimum play area requirements for day care facilities. Staff feels there is ample outdoor play area provided for 12 children. SheTly Fournier CUP-06-0 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAKIN<i DATE OF JULY 6, 2006 Parking: The applicant is proposing the drop off/pick up area in the existing driveway area and the area on the street in front of her home. The driveway is large enough to accommodate three parking stalls. Staff believes that this parking and drop-off area is adequate for the number of children proposed. b. Staff Recommendation: Staff recommends approval of CUP-06-018 for Shellev Fournier as presented in the Staff Report for the heario2 date of Julv 6. 2006 based on the Findines of Fact as listed in Exhibit D and snbiect to the conditions of approval as listed in Exhibit B. 11. EXHIBITS A. Drawings 1. CUP Site and Landscape Plan (undated) 2. Floor plan (undated) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Sanitary Service Company 5. Ada County Highway District 6. Central District Health C. Legal Description D. Required Findings from Zoning Ordinance Shelly Fournier CT JP-Oti-O 18 1. Site / Landscape Plan (undated) , -_.~~____.~_. r'~_~____ " ":>'. ':1~~ '-.:~~.' ........,:-:: -:-------~~~--.~------...... . .; ~ ' ~':,\ '~ .....:) '~~ .~..) . xd.?, ".i r:.]" i , I\"";:;~ 1<'/ :..-'..' ..', ~ = , . , :-:; ; d :; <,.) l~ A i .J , ,.., i-:e .f'! .:if -:::;: ~ -g- .2 3(1\ '- ~ ,,) t.. .0 l'O ..i ~ J, ~~ . C..9 . :'~I) ~8~ ~<,-,,) f a!dJ~rO,r,. - ,....g <JoJ :r~ -z ~ <!J. ~ III c!) r-rl'./ , <J 1 ~f~~~ ~ Exhibit A -1 " ". j ! ! I I I '1> ..r .:>- c;r () (.] / ! .~ -::) 0 :3 ~ >- i j n. J -~ ::'> <.i:~_' ('.0 ~ J r-Y .Sl '. Q..I1- <.:) ..9 "2 1'-' r "- ,"i, "" J r! I'\~ ~. ; :' " (..": (?, ", ;Ji i ~'I;; c:l/)~ ~ ~ ! , ! ; 9.1""'" )' ,:::: I ) , . '" ~, -1. I ; 1---- _' j' r-------r. .E. '-:i...-----r- · i~;;}m] I '. ~-- - n~. T-r~'r 'Y i"';': f \ \J or-',LJ '!1 /]1 i .l- I tt: U "J ~_l>lD~ ~.._~ --" '-' ~ ,..," ~,j ~ .Q. '- rn I i I ~ ;: <.J c :;;; .J ,j. <T1 r:: -5' a I I Ll;_\ &- " J") ~I ] t';l I _, L f,,\ --~ ':: 2 (J ... -r:. !<V j~ 1f l~ " g 1\.1. ..:.1 . "';l 1) ~7 . , ,,:.? ~-~ I ;~1 ,~g' ,{~);. I s ;::' ~ ,-, \-". rr; 8 -- .> '..0 L /j .~) rf1 i ." /~, , , /'2-"; \ \1' (J (...) . \ r ",1 <c- x'., \:>: ! -'_' I..J I \',~L YJ' . ------- i I , I -+ u. .9 n! f I r 1 I \ 1 , ~~ -z- +11 > __ 1 2. Floor Plan (undated) ,.....,. ~ J f ~ ~ ~ ~ . ....""f" ~~('t ~=t ~~~ ::0l6J "'::it. ' .9 ~~~ 8 ~60 ' cO en ~d/~ ~ ~t 5 t:~ ~ qJ l 5~~ ~ ~ J if) L- -- .~ ~ Q... :5 B. Conditions of Approval Exhibit A c _...._~. ...-.. "l-"~-'.-l"" ~ 18 j' of , \ I I 9..--+- (I ; 1 : <JJ ~ .~"" --J is .L" ["'\ \ .:.J ~ -/<)'. -:, () ~. u,__ f''''''I.l I I c --I-~-l ., I ~ I . ~. J' j . U) ) :s ~) '--- :.J / "J ~) .;) ( .- ,', \.... () iF~ \i) I."..). ()l (" c 8 .~ cD 1. PLANNING DEPARTMENTS 1.1 The applicant shall be allowed to care for up to 12 children per day_ 1.2 On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. 1.3 The hours of operation for this business shall be limited from 6:00 a.m. to 6:30 p.m. 1.4 Prior to operation of the day care facility, the applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho Department of Health and Welfare - Family and Children's Services Division_ Proof of said license shall be provided to the Planning Department prior to release of occupancy of this building for a day care use. 1.5 The applicant should he required to construct a 6-foot tall, non-scalable, solid fence, along the west and south side of the outdoor play area. The fencing material used on the west and the south side of the play area shall meet the swimming pool fence requirements of the Building Code in accord with Title 10 ofthe Meridian City Municipal Code. Fencing on the north and east sides of the outdoor play area shall be 6-feet tall, open-vision, and a non-climbable material. All fencing shall secure against exit/entry by small children. 1.6 Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. Further, no play equipment over six feet high shall be located on the west side of the building. 1. 7 Outdoor play area( s) shall not be used after dusk. 1.8 To ensure that all of the conditions of approval for CUP-06-0l8 are complied with, the applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) permit, and occupancy, from the Planning Department prior to operation of the day care facility. 1.9 The applicant shall have a maximum of 18 months to commence the use as permitted in accmd with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no comments on this application. 3. FIRE DEPARTMENT 3.1 All Daycares with 7 or more children must pass an inspection using the criteria of the Idaho State Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an inspection will be completed at a cost of $20. 4. SANITARY SERVICES COMPANY 4.1 Provide a minimum 28' inside and 48' outside radius for all driveways. where they intersect a public street. 5. ADA COUNTY HIGHWAY DISTRICT 5.1 Ada County Highway District does not require Commission review of the proposed application. However, ACHD receives many calls from neighbors concerning the volume of traffic near day care facilities. The Institute of Transportation Engineers data shows that typical day care creates 4.52 vehicle trips per day per student and the proposed 12 student facility can be expected to generate 54 vehicle trips per day. Exhihit R - Page 2 6. CENTRAL DISTRICT HEAL TH DEPARTMENT 6.1 Contact Susan Simmons at CDHD for licemmre requirements_ Exhibit B - Page 3 C. Legal Description rS --- - -- ',~ ~-.. ' 60. IqqUIR -2 ~111~i~II~ll~il~irlill~iflilllllllllll~ 1111111111111[1111111111111111~ I ~I 610 005575700 02 e01 002 Ptll1: 56 RECORDED - REOUEST or PIONEER TI~/ ,., fEE3~OEPUTY.x~ 99020878 /,0," COIINTY RECORDER I, I).IWIQ 1/l.YARRO ',l:'T,fi):',j:r, .' F/~ (Sp~oe Abovo Thl' LIne For Recording Da,,] DEED OF TRUST THIS LOAN IS NOT ASSUMABLE WITHOt)T THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. t fA -i 2.") C:;-li"(' '. Lv e l ~6 zst)D "lb\ ::;07_- '"IS -2;; LOAN NO. 3025.40 NOTICE: THIS DEED OF TRUST ("Security Instrument') is made on February 26, 1999 JAMES R. FOURNIER, JR. ilnd SHEllEY M. FOURNIER, HUSBAND AND WIFE . The grantor is ("Borrower"), The trustee is FIRST AMERICAN TITLE ("Trustee'). The beneficIary Is REPUBLIC MORTGAGE CORP., A UTAH CORPORATION which Is organized and existing under the laws of UT AH STATE , and whose address Is 921 SOUTH ORCHARD, SUITE A, BOISE, ID 83705 ('Lender"), Borrower owes Lender the principal sum of One Hundred Forty [i ght Thousand 5 i x HUl".1n~t1 Thirty Nine and no/l00 Dollars (U.S. $ 148,639.00 ). This debt Is evIdenced by Borrower's note dated the same date as this Security Instrument ("Note"l, which provides for monthly payments, wnh the full debt, if not paid earlier, due and payable on March 1, 2029 . This Security Instrument secures to Lender: (a) the repayment of the debt eVidenced by the Note, with Interest, and all renewals, extensions and modifications of the Note; (h) the payment of all other sums, with Interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower Irrevocably grants ana conveys to Trustee, In trust, With power Of sale, the follOWing desclibed property located In ADA County, Idaho: LOT 12 IN BLOCK 8 OF TRACT SUBDIVISION NO.3, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 62 OF PLATS AT PAGES 6249 AND 6250, OFFIr.TAI Rfr.ORnS OF ADA COUNTY, IDAHO. which has the address of 2567 NORTH BLACK BEAR WAY, MERIDIAN Idaho 83642 [Zip Code) ("Property Address"); IDAHO.Slngle Famlly-FNMA/FHlMC UNIFORM INSTRUMENT [Streel, City], ElF-SV(IO) (9212),0\ PIIQO' 0'7 EiUi:CTflONIC WEiR FllIW', INC. -('OOj ;m."".. Form 3013 B/90 Amended 5/91 InHI~t:~ Exhibit C D. Required Findings from Zoning Ordinance 1. Conuitiuna1 Use Permit Findings: CUP Findings: The Commission shall hase its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The applicant has shown a parking plan that adequately accommodates the proposed use. The proposed site plan shows a 31' x 23' paved driveway area; standard parking stalls are 9'x 19'. The driveway would accommodate the three (3) parking stalls. The adjacent street is not an arterial or collector street. Staff finds that the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations of the R-8 :.wne. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the designateu Cumprehensive Plan designation for this property is "Residential." The proposed use is generally harmonious with the requirements of the UDC (see Sections 8 and 10, above for more information regarding the requirements for this use.) 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The site plan shows the yard is fenced with a 6' high wooden fence and maintained and gated in working condition. There is existing vegetation which has been maintained in healthy condition. Staff finds that the site is of a sufficient size for the requested number of children, but the applicant should be required to comply with Idaho State Department of Health and Welfare, Childcare Licensing Division and acquire an occupancy certificate and/or building pennit to certify the building and play area. It is often difficult to find an ideal location for a daycare center. Residents often oppose daycares, and commercial businesses often have concems about having children in close proximity to their business, but childcare facilities are a very valuable resource. Therefore, site design is critical for finding a successful location. Staff recommends that the Commission rely upon any public testimony, staffs analysis, and other agency comments when determining ifthe proposed use is compatible with the neighborhood residential uses in the area and if the use will adversely change the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed. will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this repUlt, the propused uses will not adversely affect other property in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. Exhibit 0 Exhibit D 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACrID. Based on comments from other agencies and departments, staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the COllllllunity. If approved, the applicant will be financing the installation of any required upgrades to the building necessary to serve the project. The Meridian Fire and Police Departments currently provide service to the site. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, eqnipment 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. Staff recognizes that traffic and noise from vehicles coming to and going from this site will increase; staff does not believe that the amount of traffic and noise generated will be detrimental to the general welfare of the public. Staff fmds that the proposed use should not be detrimental to neighboring properties because the use will not generate excessive traffic, noise, smoke, fumes, glare or odors. 8. That the propolled use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or enviromnental problems associated with this subdivision that should be brought to the Commission's attention. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. 711} ~ & ~ 1~ 'Di4tUct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651 "4395 FAX # 208-463-0092 30 June 2006 phones: Area Cade 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Planning & Zoning Commission City of Meridian 660_E. WatertowerLane Suite~202 Meridian, ill 83642 RE: CUP 06-018/Shelley Fournier Dear Anna: Nampa & Meridian Irrigation District has no comment on the above referenced application for a daycare facility for 6-12 children for Shelley Foumeir. Sincerely, e~::- , Water Superintendent Nampa & Meridian Irrigation District JPAldbg c: Board of Directors SecretaryfTreasurer Asst. Water Superintendent File .RE C E I~V"EI) GIrl'" OF [VlcFIDIAN ("~ J T \' r" I 1= r::nr r' r:- r- i r r"- '- I , . '.... :'" :'J'. ' " ,'-. ........ APPROXIMATE IRRIGABLE ACRFS RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS. 40,000 FW: Fournier (CUP-06-018) staff report Page 1 of I Machelle Hill From: Kristy Vigil Sent: Thursday, July 06, 2006 9:46 AM To: Tara Green; Sharon Smith; Machelle Hill; Nancy Radford Cc: C. Caleb Hood Subject: FW: Fournier (CUP-06-018) staff report (:J of Z /111.:1') 7~/P -rL-~ /JO. J- l.A-,f'VI !] Kristy, After reviewing the staff report and chatting with you about some of the items. I underst~nrl ~nd agree to the conditions of the report. Thank you for your time. Thank you. Shelley Fournier 288-4363 From: Kristy Vigil [mailto:vigilk@meridiancity.org] Sent: Thursday, June 29, 2006 8:40 AM To: shelleyfournier@cableone.net Subject: FW: Fournier (CUP-06-018) staff report Call me if you have any questions 884-5533. Thanks, Kristy From: Kristy Vigil Sent: Wednesday, June 28, 2006 2:55 PM To: Anna Canning; Bill Johnson; Bill Nary; Joe Silva; Kenny Bowers; Machelle Hill; Ron Anderson; Sharon Smith; Tara Green; Ted Baird; Will Berg; C. Caleb Hood Cc: 'shelleyfournier@cablone.net' Subject: Fournier (CUP-06-018) staff report <<Fournier CUP.doc>> 7/6/2006 CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET July 6, 2006 ITEM # 8 DATE PROJECT NUMBER CUP 06-018 PROJECT NAME Shelley Fournier FOR AGAINST NEUTRAL V ( t.,/'/ ~ CENTRAL UitRt61I~ CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division . EC-EI'VET) R .- Rezone # Conditional Use # Preliminary / Final/Short Plat ~u p ()~ --01 k" ~ /" 'i .-,.,~~~'. JLJN d l' )':,,", . ; - ~"", ~ Return to: o Boise DEagle o Garden City ~eridian o Kuna DACZ o Star CITY Or: MERIDIAN (~:~ rl f:=RY n,-r=!r:r= o 1. We have No Objections to this Proposal. o 2. We recommend Denial of this Proposal. o 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. o 4. We will require more data concerning soil conditions on this Proposal before we can comment. o 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: o high seasonal ground water 0 waste flow characteristics o or bedrock from original grade 0 other o 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. o 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. o 8. After written approval from appropriate entities are submitted, we can approve this proposal for: o central sewage 0 community sewage system 0 community water well o interim sewage 0 central water o individual sewage 0 individual water o 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: o central sewage 0 community sewage system 0 community water o sewage dry lines 0 central water o 10. Run-off is not to create a mosquito breeding problem. o 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. o 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. o 13. We will require plans be submitted for a plan review for any: o food establishment 0 swimming pools or spas o beverage establishment 0 grocery store o child care center o 14. Please see attached stormwater management recommendations ~. .4-,rh~) vIII pe~ 10 ~t?,,-h:,c) ~..s..~ (: W10M,...( w Lt' hl..Jo r€?f-,I4-,d,x-J;> Reviewed By: /.~~ure Date: v-Li~ c:::... 1/4 Review Sheet 15726-001 EH0904