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Home My WebLink About1999 10-13 Mayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place to Live ( \, City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 33 EAST IDAHO lVIERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Faz 887-1297 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Wednesday, October 13, 1999 at 7:00 P.M. The Meridian City Council will hear presentations from the three applicants wishing to provide legal services for the City of Meridian. The City Council may possible award the appropriate applicant. The public is welcome to attend. DATED this 4th day of October, 1999. \\\\\\UUl1'III/ \.\\\ ,- ~"r- /'1 "" _. Q-r rl'~c.r:;>~ I~,./ ", /" '~__-.. ~'_~;~<' t":". ,~' 0 /_o~?OR4 ~ !.-~z" ~~ ..... ~c; r:^ ; .:- ~ '0 -:;. ~' ~ 2 ~ ; SE.ltL ~ ~ ~- &~. - ~ ~ ~ ~ Q ~.J 0 ~ -'/ Yf\. ~ r 1 c-.-:\ · '\,;;. '" ~ ~...' ..:J '1:1'(" "'/.... ..r7 ~ \.,""'\ \" ,,' -,. ~O "\~.,,1 " //1 ~...... UN~~:-'l. \\ '."1 · \\\\\ 1//1IIH1 nl\\\\ ( MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING OCTOBER 19. 1999 The pre-council meeting of the Meridian City Council was called to order at 6:50 p.m. on October 19, 1999 by Council President Charlie Rountree. MEMBERS PRESENT: Charlie Rountree, Ron Anderson, Glenn Bentley, Keith Bird. Mayor Corrie joined the meeting at 7: 19 p.m. OTHERS PRESENT: Bill Gigray, Shari Stiles, Gary Smith, Will Berg. Rountree: I'm going to go ahead and open the - where's the agenda - pre- council meeting scheduled for 6:45. It's now 6:50. The pre-council is open. Folks in the audience bear with us. This is the first time we've attempted to do something like this. We're learning. Hopefully to expedite things that are going to occur from 7:30 on until the wee hours of this morning. Like to first hear from Shari, specifically related to some of the information that we just received in our box. Are there any highlights there that you would like to advise us and from Mr. Gigray and from Gary Smith as it relates to some of the staff items later on? You can get us up to speed on some of the staff items so when they come up later on we can just go right to them. So, Shari, if you'd start. Stay away from the public hearings, per se, as it relates to the Findings and Facts and conditional use permits and the actions that we'll be taking, and if there's any recommended tablings that have come forth. ITEM 1. ITEM 2. ITEM 3. ITEM 4. TABLED 10/5/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY WilliAM & LUCilE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: TABLED 10/5/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM & LUCILE LEAVELL: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DA YCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE STREET: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY RAY CHASE/REGENT BUSINESS-1302 E. FIRST STREET: ( Meridian City Council Pre"ColDlcil Meeting October 19, 1999 Page 2 ITEM 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT BY BERTA WAGNER - NORTHWEST CORNER OF MERIDIAN ROAD AND TAYLOR AVENUE: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 SAY CARPORT (BOAT STORAGE) AND REMOVE OR RELOCATE: EXISTING SMALL DETACHED GARAGE BY MEL AND DEBt LACY -1414 N. MERIDIAN ROAD: ITEM 5. Stiles: Item 1, I believe we're still waiting for an annexation and zoning request for the parcel that was left out. There's a triangular piece that's an enclave, and staff had requested that be included as part of their request. Their attorney, Mr. Shoemaker, said the City had the ability to do that, and the City should be responsible for preparing that annexation and zoning, and Council did not agree or they didn't state they agree with them, and so I think we're still stuck at having that enclave and not being able to proceed with Items 1 and 2. As far as Item 2, they've also proposed some changes for the public roadway that was approved by Ada County Highway District Commission to come from Fairview Avenue. Now they have verbally discussed coming in through the Michner property for their access, and we haven't seen a new plan on that. Conditional use permits for a daycare, I don't know that there were any problems with that one. Let's see. On four, this was the Kids Club, conditional use permit to add another building to expand their facility for the daycare. The only thing that we had added to those Findings was to ask that they add some kind of architectural feature to the west side of the building such as awnings or windows or some kind of treatment that would be reviewed by staff. Number 5 is pretty straightforward, just to add some storage units on the remainder of the parcel owned by Berta Wagner where the Napa store is now. Number 6 is for expansion of a non- conforming use in a C-C zone. They're asking to add an attached two-car garage and a carport and relocate their detached garage. Besides being the non-conforming use, we'd ask that if that detached garage were going to be relocated that it meet all uniform building codes, uniform building and fire codes. Seven was - Rountree: Question, Shari. Are you satisfied that the Findings of Facts contain that information, or are you asking that be added to it? Stiles: That was in the Findings. Rountree: Okay. Don't confuse us. Meridian City Council Pre-CoWlcil Meeting October 19, 1999 Page 3 ITEM 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L-O BY MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISURE LANE: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: ITEM 8. Stiles: Seven would be for an existing - the L-Q parcel fronts on Cherry Lane and they've asked for the remainder of that lot be rezoned to L-Q so they could build a new structure, and I believe the right-af-way was addressed at the last meeting. Tarawood Subdivision, this was a request for annexation and zoning of that parcel that was surrounded by Sherbrooke Hollows and Los Alamitos. This was the one where the preliminary plat was denied. I believe they had requested reconsideration, but this is just for the annexation and zoning of that 12.801 acres. Anderson: I have a question on that one, I guess, for the counselor is has there been anymore requests for them for a reconsideration and what are we doing on that? On the preliminary plat. Stiles: I just recall that they had made that request at the meeting, and I don't know if it had been re-noticed or if they made some kind of formal request or really what was required of them. Maybe Mr. Gigray can answer to that. Gigray: I'm not aware of any follow-up. Excuse me, Mr. President and members of the Council. Councilman Anderson, I don't recall or know, I haven't been advised of any request for follow-up on that other than the Findings that have been prepared, and I believe that one has a development agreement that was prepared subject to the (inaudible) Findings. And, of course, this matter here is the annexation and zoning and not the subdivision request. Anderson: Right. I was just trying to find out if they had done anything else on the other requests. Rountree: Will. Berg: Council President, Councilman Anderson, at the last meeting, they asked for reconsideration and we noticed for a new public hearing for November 3rd, I believe. I think that was the soonest that we could get it on the notification for them to come in and for you to re-evaluate or them to re-do a preliminary plat. We haven't had any other information received in our office concerning that, but it is on the agenda for the Srd of November. Meridian City Council Pre-Council Meeting October 19, 1999 Page 4 Anderson: Okay. Thank you. Rountree: Thanks, Will. Does that answer your question? Anderson: Yes. Thank you. Rountree: Okay, Shari. Back to you. ITEM 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R- T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: Stiles: Number 9 would be the Sonntag Eye Associates, it's also been called the Alan Care Center, I think it's also been called the Magic View Center. The main issue there, of course, is we had asked for a revised site plan which I believe we received either yesterday or today, and the issue of the water and sewer and the fact that that hadn't been turned over to the City yet. Rountree: Gary. Smith: Mr. President, Council members, we have a contractor that is improving a water system in that area, and they contacted the contractor who installed the water and sewer lines for the Holiday Inn Express to get their permission to connect their water line that they're building with the water line that was installed for the Holiday Inn. The contractor did give us approval or give the contractor _ our contractor approval to connect so that they could pressure test and flush the lines. Beyond that, nothing has happened in terms of my request in written form to that contractor to allow us to go in there and finish the job. I haven't received any word back from them. Bird: Mr. President. Rountree: Mr. Bird. Bird: Gary, is that the one that's got the lien on it? Smith: Yes, sir. Correct. Bird: The lien's on the property, not on the sewer line. Smith: That's correct. Bird: So basically, that sewer line is not liened. Rountree: It might have a little slope to it. Meridian City Council Pre-Council Meeting October 19, 1999 Page 5 c- Bird: Yeah. It leans. Mr. President. Rountree: Mr. Bird. Bird: Counselor, got something here. Gigray: Thank you. Mr. President- Rountree: Need your microphone. Gigray: Gary and I have been working together on this, and I would just say that our concern is, one, the City doesn't want to be in a position of accepting for perpetual maintenance a line until Public Works is assured that it'll meet our standards. Secondly, we do not want to invite some kind of lawsuit with regards to taking control or possession or authorizing construction or finish of construction on that line that's in the right-of-way until it is clear that the owners of the property and the contractor involved area aware of the proposed action and consent to it which would mean, I think, an express waiver on their part which would mean that we could proceed then with the other land owners to get that project complete, and I think Gary is proceeding appropriately on that to get the necessary approval so that that can get done. Bird: Mr. President. Rountree: Mr. Bird. Bird: Is that what you're talking about, Gary? That Sonntag had already got approval to go ahead and hook to that existing line from the contractor that has the lien on the property that the line was originally put into - for? Smith: No, sir. What I was talking about was a contractor that we've employed to do some water works out there in that same area, and they just wanted to connect to these lines in order to facilitate the testing of their installation for the water. Rountree: As it relates to this annexation, Findings of Facts, there's really no decision in Findings and Facts in terms of the annexation and zoning. There's- don't have a resolution that says we're approving it or denying it or tabling it or _ Gigray: Are we on Item 8? I'm sorry. Rountree: Item 9. Smith: Nine. Meridian City Council Pre-Council Meeting October 19, 1999 Page 6 Bird: Findings and facts (inaudible). Smith: Aren't there Findings in the packet? Bird: Yeah, there is. Rountree: But there is no - Smith: I don't see where they go on and recommend (inaudible) Rountree: They lean towards approval, but there is no statement that we're approving annexation and - Gigray: I'll pull that file. Rountree: Will you check on that? I think that's probably the direction we're going. Bird: That's what was approved. Anderson: It kind of eludes to that, but it never comes out and says that anywhere in the Findings of Facts and Conclusions of Law that I saw. Rountree: Anything new as it relates to these, Shari? Stiles: Nothing new on any of the - Rountree: Okay. Stiles: - Findings. ITEM 20. DEPARTMENT REPORTS: B. GARY SMITH: 1. HIRING OF CONSULTING ENGINEER-LATECOMER AGREEMENTS 2. INTERSTATE 84 SEWER CROSSING (LATE COMER'S AGREEMENT) 3. CITY OF MERIDIAN WATERLINE PROJECT, PHASE II Rountree: Gary, you want to go over your items on the agenda, and John's, I guess. Smith: Yes, sir. Thank you. We want - Item No. 1 is we want to retain a local consulting engineer to help us in calculating the late-comer fee structures for Meridian City Council Pre-Council Meeting October 19, 1999 Page 7 ( requested agreements that we have for both sewer and water line extensions that have been made by developers. We will utilize a standard format that Bill Gigray will review. I think he has one that he has already prepared that Bill and I talked today about, and he will send a copy of that to Bruce Freckleton so that we can have that as the basis of inserting these values for the sewer and water late- comer agreements. In order for us to facilitate the completion of these agreements, I needed some help, some outside help, so we have a proposal from Keller Associates here in Meridian to do that calculation part of the late- comer agreement. Item No.2 is the request by the developer that's involved in extending the sewer line under 1-84, and he's just requesting that the City enter into a late-comer agreement with him so that he can recover costs that other land owners won't incur initially by developing this sewer line. Rountree: Any questions of Gary so far? Anderson: No. Bird: J have none. Smith: The third item is the City of Meridian Waterline Project, Phase II. f have two ditch-crossing agreements from the Settler's Irrigation District that need to have your approval and signature or authorization for the Mayor and the City Clerk to sign. These agreements were prepared by the attorney for the Irrigation District, and since they were submitted to us for review and approval, they have been submitted to the Irrigation District's Board of Directors, and they have also approved them as they exist in your packet tonight. They didn't make any changes. Bill Gigray has reviewed them, and he doesn't have a problem with those either. They're probably a little more straightforward than that from Meridian's agreements but similar. Rountree: Questions, comments? Bird: I have none. Rountree: Okay. Smith: Thank you. c. JOHN T. SHAWCROFT 1. CONTRACT FOR THOMAS B. DOMINICK, ATTORNEY AT LAW FOR PRE-TREATMENT PROGRAM 2. CONTRACT FOR PATRICIA BROWN (ENVIRONMENTAL CONSULTANTS) FOR QAQC PLAN Rountree: Item C, are you going to do John's? ( Meridian City Council Pre-CoWlcil Meeting October 19, 1999 Page 8 ( Smith: Yes. I can address the - I think I can address the issue on the pretreatment, Item No.1. I'm not up to speed on the QAQC Plan that he needs to do. Item No. 1 is the need for us to develop a pretreatment program that'll be acceptable by EPA, and this is kind of in line with some of the requirements of our NPDES permit that has just been recently issued. John's concern after attending a pretreatment seminar is that we have some expertise in the environmental area from the legal side of our life, and Bill Gigray has worked with the City of Caldwell on some of their ordinances. I talked to John this afternoon, and I don't know this is - I guess at this point, this Item No. 1 is something that we probably could delay at least two weeks until we, John and I, have a chance to sit down with Bill and visit about what background he has. We obviously don't want to go outside the city for legal assistance if it's not necessary, and at the same time we want to be sure that we dot all the 1'8 and cross all the T's that the EPA folks want us to for the environmental issues on the late-comers, excuse me, on the pretreatment program. When they come to this item, I will request that be tabled for a future date for consideration. The only thing I can relate to you is what John has written in his memorandum to Mayor Corrie and yourselves concerning this contract proposal for Pat Brown of Brown and Caldwell. Again, this relates to requirements from the NPDES permit that we recently received. That's about it. Rountree: That's it? Smith: Uh-huh. ITEM 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R-T TO C-G) BY SONNTAG EYE ASSOCIA lES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: Rountree: Questions? Comments on the one item, Bill? Gigray: On Item No.9, reviewing the Findings there, it has the necessary language to grant that application for annexation and zoning because it proscribes that we proceed with the development agreement and also that we proceed with an annexation ordinance and a zoning ordinance which is the application. Rountree: Usually there's a paragraph in there that says what our action - Gigray: There will be. Rountree: I know you cover it from various angles, but we like the most direct. Meridian City Council Pre-CoWlcil Meeting October 19, 1999 Page 9 Gigray: I don't know why that particular language isn't in there, but it will be offered for what needs to happen. Rountree: Okay. Gigray: So there wouldn't be a need for any delay. ITEM 17. APPEAL APPLICATION: REQUEST FOR APPEAL DECISION OF ZONING ADMINISTRATOR BY MIKE FORDN ANKE MACHINE SHOP: ITEM 18. REQUEST FOR SPECIAL PERMIT FOR USE OF PYROTECHNICS OCTOBER 29TH AND 30TH BY BRUCE YOUNGER, MERIDIAN ASSEMBLY OF GOD AND TEEN MANIA MINISTRIES: APPROVAL OF CITY ELECTION JUDGES AND CLERKS ITEM 19. Rountree: Mr. Clerk, do you have anything to enlighten us on like 17, 18 or 19? Berg: Council President, members of the Council, the appeal application, I believe you have the information from our attorney concerning that issue which we probably shouldn't discuss any further unless it's just a process or procedure in which you want to discuss with him. Item 18 was a request to be before the Council to ask for a special permit. After discussing this situation or this issue with the attorney, the fire marshal and also the Mayor, our ordinance doesn't allow us to give a permit or a special permit concerning this. Our fire marshal had telephoned them and had talked to them about this and possibly using other non-fireworks to get the same effect done, and he did not get back to me as far as what their response was, so I couldn't tell you if they were going to be here or not. Rountree: What you're telling us is we can't issue a permit based on our ordinance - we don't have the ordinance language? Berg: Correct.. Rountree: Okay. So they can do it. Berg: They can - we can't issue them a permit. Rountree: For next year. Berg: We are working on a new fireworks permit that would probably allow that for next year, a 60-day prior application, but at the current time, our ordinance I \, Meridian City Council Pre-COWlcil Meeting October 19, 1999 Page 10 doesn't allow it. And 19 is the list of judges and clerks for the City election. Any other questions? Rountree: How are those derived? Berg: The clerks and judges? Rountree: Uh-huh. Berg: The coordinator that I have, June Pack, goes out and solicits the people that she feels are experienced in doing these elections, so I leave it on the basis of her discretion. She's been doing it for many years, and the people that are on that list have experience in previous elections. ORDINANCE # 847 - OFFICIAL NEWSPAPER - THE IDAHO STATESMAN Rountree: Okay. Thank you. Mr. Gigray, talk to us about this resolution or ordinance. Gigray: Is this the ordinance regarding the official paper of the city? Rountree: Uh-huh. Gigray: Given the information provided to me that the Valley News is no longer able to publish, and given the fact that Idaho Code Section 50-213 says that the City is to designate by ordinance an official paper, and given the fact that the City has, as you well know, just innumerable items which we have to give and publish, it seemed to me in order to protect and assure that the Clerk is able to proceed under the direction of the Mayor and the Council for publication that we have some official action designating where that's done. The State Law requires that you first select a publisher within the city, if there is one, and if there is not, then you have to select one of general circulation that is published within the county. I spoke with the Mayor today about this and with the City Clerk. I feel that this is a situation where we can no longer use the Valley News because of their circumstances, and that we needed to have this ordinance passed and in place and we should not wait for the passage of the new Code Book for the passage of this ordinance. I have contacted Sterling Codifier, and I have arrangements with them that they will provide a corrected page so that when you have the new City Code before you for consideration which appears most likely in the second meeting in November, that correction, as you take action tonight will already be there so we don't have to change it again. Rountree: Are you proposing that we deal with this this evening? Gigray: Yes. Meridian City Council Pre-ColIDcil Meeting October 19, 1999 Page 11 Rountree: Okay. So we need to add that to the agenda. Okay. Gigray: And I would, Mr. President, with your permission, advise that this is with the consent and understanding of the Mayor. Rountree: Okay. Bird: We can put it in the consent agenda. Rountree: Is there any objection for consideration of consent agenda? Bird: Not me. I think it'd be great. (Inaudible discussion between Council members.) Rountree: Any other questions? Bird: I have none. Rountree: Council? Staff? Anything else you want to bring up at this point? Okay. Mr. Gigray. @ DISCUSSION OF IDAHO INDEPENDENT BANK'S REQUEST TO MAKE ADDITIONAL REQUEST OF COUNCIL BY CHERRY LANE GOLF COURSE LETTER OF CREDIT. Gigray: Mr. President, members of the Council, I just want to make sure you have in your packets, I think we provided you with a memorandum at the request of the Mayor concerning certain features with regards to the discussion of the request of Idaho Independent Bank. Hopefully you have that in your packet. It should be with reference to the provisions of the leasehold deed of trust. Just explains my pOints on some of the provisions of that. I just want to make sure you have that in your packet because those were distributed. We also provided you, I believe it's been discussed by the Clerk, a memorandum just to acquaint you with procedure and possibly a legal issue with regards to the appeal which is Item No. 17. Rountree: Okay. Mr. Mayor, I'll turn it back to you. Corrie: Thank you, Charlie. Rountree: We're through with the pre-council meeting. If you want to go into adjournment for a few minutes, that would be fine. Bird: Recess. Meridian City Council Pre-CoWlcil Meeting October 19, 1999 Page 12 ( t Corrie: I'll entertain a motion to go into adjournment. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we adjourn the pre-council meeting for 10 minutes until 7:30. Bentley: Second. Corrie: Motion made and seconded to adjourn until 7:30. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:19 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) \\\HrtHI1f1II/ \\\\ ~Jlr:- III ,,\' Of Pit.t:.f?{:) '/'/.A TTES · ..:\. ,;..1 ""4/ f' . ~~ ,,, "",,-" ~~ <>..r;1 .., ~......, 0", o~-O!?~'1r' *'v .% , ", ~ ~ ~(J & --;", .. 2 ~ v ~:~ ~ .' ~ SEAL WI~LlAM G. BERG, JR., CI - 0J "_ ~"1'6- ~c,::? -::. -G} ho.. "'..0 ,~ ~,. "'1<>.. ,~i:i r 1 si · ~ f: ............... ~;.l ~ ",..... // ("\.,.....-UN~ov " /1, ........u ~ \ .. \\\ . , 1II1I ( 1 J . :, I" 1 , i. \ \ \ \ I , ". ... (, ... r i MERIDIAN CITY COUNCIL AGENDA apjP7JV~ - ~LAR AGENDA IJr~ # 84-1 -, uJ ;Vt24Jf'j#a-p.et--7J..e- IclaJI.A7 J"hu'e.{,hCi-?--- @ DISCUSSION OF IDAHO INDEPENDENT BANK'S REQUEST TO MAKE ADDITIONAL REQUEST OF COUNCIL BY CHERRY LANE GOLF COURSE LETTER OF CREDIT. Yp-eCI~ ~~ en.... 6>do~ 281Z ~ 613oF"L 1. TABLED 10/5/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY WILLIAM & LUCILE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: -~ ~7 dt7P"J 7~ ~ 2. TABLED 10/5199: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPO~ED CREEKSIDE ARBOUR PHASE II) BY WilliAM & LUCILE LEAVELL: -hWe WJVIIl NpVi g M) ~ 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE STREET: df jJj-p(,It/L 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY RAY CHASE/REGENT BUSINESS-1302 E. FIRST STREET; tvtprovVl.- 8. 9. 10. 11. 12A. 128. 13. / \ 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT BY BERTA WAGNER- NORTHWEST CORNER OF MERIDIAN ROAD AND TAYLOR AVENUE: ~fJriJv...e- FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 SAY CARPORT (BOAT STORAGE) AND REMOVE OR RELOCATE: EXISTING SMALL DETACHED GARAGE BY MELAND DEBt LACY -1414 N. MERIDIAN ROAD: tlff>r-tJ v.e....- FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L-O BY MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISURE LANE:)r/ -kLP'p f(f2~ / t.dYl doth;5/ij:.jhh1 crhj ~1l'ln-he-!J.;:o (YUP ~ '>l;f ',4 - 7<</ifV'L if I ~ t3/,f cr · FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMIJOS P!\RK & NORTH 9F SHERBROOKE HOLLOWS: II 3~ j11-k e/~ ~-r~.;::...o rR-Vle tV ~/ /9- - -f?LU<- .,clr EI c/ ~ ~ l f\&e?I/, - r" FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R- T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: CkfJ1Y-D v.e- PUBLIC HEARING: REQUEST FOR VARIANCE OF MAXIMUM BLOCK LENGTH AND MAXIMUM CULDESAC LENGTH FOR THE LAKES AT CHERRY LAKE #9 BY LOUIS J. STEINER (STEINER DEVELOPMENT)-EAST SIDE OF ASHFORD GREENS AND WEST OF_I-AKE AT CHERRY LANE #4: elM ~v;..ej1 m r-14AL #-,C If e (--e.- PUBLlt HEARING: REQUEST FOR PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION BY PROJECTS WEST -SE CORNER OF TEN MILE ROAD & CHERRY LANE: IV . aM u~~ -Iv ;ru:-/?eU.e- rr';{ elL PUBLIC HEARING: REQUEST FOR TRANSFER OF CONDITIONAL USE PERMIT FROM MIKE WETZEL TO KATHY ANDERSON FOR DAYCAR8PRESCHOOL: ~_ CI?y a-7~1 fc? ;ne-~ tVl-e.- tr7-~ PUBLIC HEARING: ~EQUEST FOR ANNEXATION AND ZONING TO R-15 AND L-Q FOR VALERI HEIGHTS SUBDIVISION BY GOLD RIVER COMPANIES, INC.-NE CORNER OF ~~INE STREET AND TEN MILE ROAD: C I~ ?UT~.J /<J ~f'~ /;+: if (J(.e.. PUBLIC HEARING: REQUEST FOR ANNEXATION AND REZONE FOR TEN MILE MINI STORAGE BY ED BEWS-WEST OF TEN MILE AND NORTH OF USTICK ROAD: _ c/lJ cvl-kN--n.e;;- f, fr1.e~ ,j'1,c I elf!- 6. 7. 15. 16. 17. 18. 19. 20. ( ( - I 14. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR MINI STORAGE FACILITY CONSISTING OF NINE BUILDINGS AND ONE SINGLE FAMILY DWELLING/OFFICE BY ED SEWS --WEST OF TEN MILE AND NORTH OF USTICK ROAD: _. {,l;lq a,~ -1-0 ~ jJa..-e. ;CIH c: I./L PUBLIC HEARING: ~QUEST FOR CONDITIONAL USE PERMIT FOR A 96 UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORA TION/IONIC ENTERPRISE, INC.-50UTHWEST CORNER OF LOCUST GROVE & FRANKLIN: c~-//~ jJ//L j.c ;</,{lV 3~~. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PHASE 3 OF ST. LUKE'S MERIDIAN MEDICAL CENTER -- BY ST. LUKE'S REGIONAL MEDICAL CENTER AT 520 S. EAGLE ROAD: C/~ a;r~:J -?o fhe-f/a-.-u ~/+ f c/ L APPEAL APPLICATION: REQUEST FOR APPEAL DECISION OF ZONING ADMINISTRATOR BY MIKE FORDN ANKE MACHINE SHOP: ~hJt/~ a.jJ~ttL REQUEST FOR SPECIAL PERMIT FOR USE OF PYROTECHNICS OCTOBER 29TH AND 30TH BY BRUCE YOUNGER, MERIDIAN ASSEMBLY OF GOD AND TEEN MANIA MINISTRIES: cil? Ilk? ~ APPROVAL OF CITY ELECTION JUDGES AND CLERKS c;t,?pt/...e- DEPARTMENT REPORTS: A. JANICE SMITH 1. TREASURER'S REPORT -~~ B. GARY SMITH: 1. HIRING OF CONSULTING ENGINEER-LATECOMER AGREEMENTS 1ffrov.e.. 2. INTERSTATE 84 SEWER CROSSING (LATE COMER'S AGREEMENT) ti./fjJhJv-e-- 3. CITY OF MERIDIAN WATERLINE PROJECT, PHASE II atphl/€.-- C. JOHN T. SHAWCROFT 1. CONTRACT FOR THOMAS B. DOMINICK, A TIORNEY AT LAW FOR PRE-TREATMENT PROGRAM ~ 2. CONTRACT FOR PATRICIA BROWN (ENVIRONMENTAL CONSULTANTS) FOR QAQC PLAN ~v..rt..- D. MAYOR CORRIE {, a~tl ~ 1. PARKS & RECREATION COMMISSION APPOINTMENT -/(,.t"Jh'iL- ~ 2. DISCUSSION ON HEALTH INSURANCE CARRIER FOR 2000 /fro kvL. te J.eO-1..C /tt.-/'n.-[j- October 15, 1999 MERIDIAN CITY COUNCIL MEETING: APPLICANT: OCTOBER 19.1999 ITEM #: 19 REQUEST: APPROVAL OF CITY ELECTION JUDGES AND CLERKS AGENCY COMMENTS CITY CLERK: SEE ATTACHED CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE OEPT: CITY BUILDING DEPT: CITY SEWER OEPT: CITY WATER OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: if,j./ t) ti/rrff~ 4 /' V NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAJN GAS: OTHER: All Materials presented at publiC meetings shall become property of the City of Meridian. CITY OF MERIDIAN GENERAL ELECTION JUDGES AND CLERKS FOR NOVEMBER 2, 1999 The following election judges and clerks for the November 2nd, 1999 City of Meridian General Election have been selected for your approval: Election Judges & Clerks Coordinator: June Pack First Precinct #800 @ American Legion Hall, 22 W. Broadway June Pack - Judge 524 W. Carlton Avenue 888-2839 Patricia Roberts - Clerk 1523 N. Meridian Road 888-2561 Carol Roberts - Clerk 1418 W. 2nd Street 887-6314 (Bill) William G. Berg, Sr. - Clerk 231 W. Washington Avenue 888-1822 Second Precinct #801 @ City Hall, 33 E. Idaho Avenue Debbie Warwick - Judge 558 E. Kingsford Drive 888-5726 Annalee Luke - Clerk 1529 W. Carlton 888-2609 Rosemary Lowe - Clerk 1425 W. 7th Street 888-3389 Renee' Keller - Clerk 587 E. Kingsford Drive 888-2551 Third Precinct #802 @ Meridian Library, 1326 W. Cherry Lane Linda Berg - Judge 612 Tiffany Drive 888-1843 Marion Boston - Clerk 424 W. Cherry Lane 888-4829 Michelle Danies - Clerk 2370 N. Dixie Place 888-5661 Sheri Baker - Clerk 1746 Jericho Road 888-1439 Holly Farris - Clerk 2205 N. Lochness Way 888-9832 Nikki Tompkins - Clerk 2520 N. Capecod Way 888-1037 Page 1 Alternate: Lauri Swan beck - Clerk 944 Claybourne Drive 888-5546 All the listed judges and most of the clerks have served in preceding elections. PASSED by the City Council and APPROVED by the Mayor this 19th day of October, 1999. APPROVED: ATTESTED: Page 2 Judges Clerks Coordinator PROPOSED WAGES FOR ELECTION JUDGES AND CLERKS 1997 ProDosed 1999 $ 6.50 / hour $ 5.50/ hour $ 6.50/ hour $ 5.50 / hour $ 7.50/ hour $ 7.50/ hour Selected Idaho Code with Notes & Samples for 1999 General City Election ANY OCTOBER COUNCIL MEETING: City Council to designate election judges and clerks. -* 50-409. Appointment and compensation of election judges and clerks. The city council in each city, at a regular meeting in the month preceding an election, shall appoint an election judge and such clerks as may be necessary for each voting precinct within the city. The election officials shall be qualified city or county electors. The city clerk shall notify the election officials of their appointment within five (5) days following appointment. If any election judge or clerk fails to report for duty on the day of election the city clerk shall f111 such vacancies from among the qualified electors presenting themselves to vote. Compensation for the election judges and clerks shall be determined by the city council at time of appointment and shall be not less than the minimum wage as prescribed by federal law. The oath which the judges of election are required to sign is on the front cover of the Election Record and Pol' Book. Note: Your ciry does not have to publish or post the names of the electioll Judges and clerks. FRIDAY, OCTOBER 8, 1999: Last day for voters to register until Election Day. 34-408. Closing of Register--Time Limit. (1) No elector may register in the office of the county clerk within tw'enty-four (24) days preceding any election held throughout the county in which he resides for the purpose of voting at such election. This deadline shall also apply to any registrars the county clerk may have appointed. (2) Any elector who will complete his residence requirement or attain the requisite voting age during the period when the register of electors is closed may register prior to the closing of the register. 34-409. County Clerk's Office--Hours Open on the Final Day for Registration. On the last day for registration of electors, preceding the primary and general election, the county clerk's office shall be open until 8:00 p.m. Note: Electors mqy register on November 2, 1999. See 34408A Election Dqy Registrati011. TUESDAY, OCTOBER 12, 1999: Last day to fmalize ballot preparation. 50-439. Preparation and contents of ballot. The ballot for each election shall be prepare~ not less than twenty-one (21) days prior to the date of election by the city clerk~ Candidates for mayor will be listed fIrSt followed by councilman positions for four (4) years and then two (2) year councilman positions, provided, that in printing the ballots, the position of the names shall be changed in each office division by placing the top name for that office at the bottom of that division and moving each other name up the column by one (1) position, as many times as there are candidates in the office division in which there are the greatest number of candidates. Candi- dates names shall be ro~ted by precinct for those cities using voting machines or vote tally sys- tems. Nothing shall prevent a voter from writing in the name of any qualified elector of the city for any office to be filled at the said election, and the clerk in preparing the ballot shall make provision for the writing in of names. Separate ballots will be used for bond issues, capital improvement levy, recall, referendum, initiative, advisory ballots or any other measure authorized to be decided by the electorate. 3 JUSTIN P. AYLSWORTH KATI-IY J. EDWARDS JULIE KLEIN FISCHER WM. F. GIGRAY, In D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPH EN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. \VHlTE WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. A TTORNEYS AT LA W TEL (208) 288-2499 FAX (208) 288-2501 NAMP A OFFICE 104 9TH AvE. S. POST OFFICE BOx 247 NAMPA IDAHO 83653-0247 TEL. (208) 466-9272 FAX (208) 466-4405 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE Box 1150 MERlDIAN, IDAHO 83680-1150 PLEASE REPLY TO MERIDIAN OFFICE E-Mail: : wfgrawppmg. com RECEIVED OCT 2 8 1999 CITY OF MERIDIAN October 26, 1999 Willia111 G. Berg, Jr. Meridia11 City ClerIc 33 E. Idal10 Meridian, ID 83642 RE: I<ATHY ANDERSON CUP TRANSFER/CASE NO. TCU-99-002 Dear Will: Pllrsua11t to City Council action of October 19, 1999, I have prepared t11e Order Granting Application for Transfer of Conditional Use Permit in the application of Kathy Anderson, regarding the above matter. This document is now ready for the Mayor's sign.ature and after the Mayor's signature has been secured, and the City Clerk's signature secured, the original should be retained by the City Clerk. Copies should be served upon the Applicant, the Planning and Zoning Department, Public Works Department and City Attorney, as designated by the City Clerk's signature. If you l1eed further assistance by this office, please advise. E11closure n1sglZ:\Work\M\Meridian 15360M\Anderson I(athy CUP Transfer\ClerkTCU.Ltr r i BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF KATHY ANDERSON FOR TRANSFER ) OF CONDITIONAL USE PERMIT FOR ) DAY CAREIPRESCHOOL AT 1131 ) CHERRY LANE FROM MIKE WETZEL ) MERIDIAN, IDAHO ) ) ) CASE NO. TCU-99-002 ORDER GRANTING APPLICATION FOR TRANSFER OF CONDITIONAL USE PERMIT This matter coming on regularly for public hearing before the City Council on October 19, 1999, and Shari Stiles, Planning and Zoning Administrator, and the applicant, Kathy Anderson, both having appeared at the hearing, and no one appeared in opposition, and the Council having considered the record of this matter and the testimony submitted, and the Planning and Zoning Administrator stating there was no objection to the application upon the condition that two additional conditions be imposed to-wit: that all signage be subject to review by Planning and Zoning staff, and that the subject property be reinspected by the Fire Department for compliance with Life Safety Codes, and the applicant having no objection to the reqllest IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: I. The application is granted subject to the conditions stated herein; and 2. The conditional use permit held by Mike Wetzel for a day care/preschool at 1131 Cherry Lane, Meridian, Idaho, be transferred to Kathy ORDER GRANTING APPLICATION FOR TRANSFER OF - PAGE 10F 2 CONDITIONAL USE PERMIT FOR I<ATHY ANDERSON Anderso11; and 3. The conditional use perlnit is subject to the following additional C011di ti011S: 3.1 All signage be subject to review by Planning and Zoning staff. 3.2 The subject property be reinspected by the Fire Department for compliance with Life Safety Codes. By action of the City Council at its regular meeting held on the ! q1A day of tJcIP~ ,1999. .~ Copy served Up011 Applicallt, the Planning and Zoning Departlnent, Public W orl(s Departlnent and City Attorney. By. City Clerl( I{)~/?-~f Dated: z:\ W ork\M\Meridian 15360M\Anderson ICathy CUP Transfer\OrdGrantingCUPTransfer \ \ \ \ \ \ "I J f I , J J 1/1 \ \\ \ \ ,.. "t-"r::;:r---.~ 1/1/ x'" -J Or n:"'~i ;;."'""?- 11//.. " ~., _~ ...E.f...:~ ~" " ~ '\ ....... '"~"..nt '~, ....~ (J C'~?C,~~ )..~.,. .#v ~." ...... G I "I..n' ...." $ ~ <()-::; 2 ~: g SE!\L ~ ~ ~ ~- ~ vQ ,OJr:::J ~ ~ ~~ Ver lc1 t ..0 $ / ~:'J v ..S '"' 'l....,.. ...~ t\-- ,,\>' - ,,"'" // ~uU.Np~v ~ \" Ii',:, 'I to" , , \ \ \ \ ' 111'nn~ i1~\\'\\ ORDER GRANTING APPLICATION FOR TRANSFER OF - PAGE 20F 2 CONDITIONAL USE PERMIT FOR ICATHY ANDERSON ( October 15, 1999 MERIDIAN CITY COUNCIL MEETING: APPLICANT: BERTA WAGNER OCTOBER 19,1999 ITEM #: 5 REQUEST: ,FF&CL REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE OEPT: CITY BUILDING OEPT: CITY SEWER OEPT: CITY WATER OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: COMMENTS SEE ATTACHED FINDINGS J.i [If~ J(O II ~ ~l f ~ (/ /}/O All Materials presented at public meetings shall become property of the City of Meridian. ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF BERTA ) WAGNER FORA CONDITIONAL ) USE PERMIT FOR ) CONSTRUCTION OF STORAGE ) UNITS ON UNUSED PORTION ) OF COMMERCIAL LOT, ) LOCATED AT THE ) NORTHWEST CORNER OF ) MERIDIAN ROAD AND TAYLOR ) AVENUE, MERIDIAN, IDAHO ) ) Case No. CUP-99-029 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 corne before the City Cou11cil on October 5, 1999, and no one appearing in opposition, and the City COU11Cil havi11g received the staff report a11d the record lnade before the Planning and Zoning COlnrnission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT 1. A notice of a public hearing on the cOl1ditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 5, 1999, before the City Council, the first publication appearing and vvritten FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 1 notice having been Inailed to property OWl1ers or purchasers of record within three hUl1dred (300') feet of the external boundaries of the property under consideration lllore than fifteen (15) days prior to said hearing and with the notice of public hearings having beel1 posted upon the property under consideration more than one weel( before said hearing and the copies of all notices were made available to l1ewspaper, radio al1d television stations as public service allnou11celuents; and the matter having been duly considered by the City Council at the said October 5, 1999, public hearing; alld the Applicant, affected property OWllers, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full OPPOrtUllity to express cOlrunents and submit evidence. 2. There has been cOlupliance with all notice and hearing requirelnents set forth in Idaho Code ~~67-6509 and 67-6512; and ssll-2-416E and 11-2-418E as evidenced by the Affidavit of Mailing, a11d the Affidavit of Publication alld Proof of Posting filed witll the staff report. 3. Council tal(es judicial notice of its Zoning, Subdivision and Developmellt Ordinances codified at Title II Municipal Code of the City of Meridian and all current zoning Inaps thereof and the COluprehensive Plan of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 2 " t Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at the northwest corner of Meridian Rd. and Taylor Ave., Meridian, Idaho. 5. The owner of record of the subject property is Berta Wagner of 232 E. 1st Street, Meridian. 6. Applicant is the OVVl1er of record. 7. The subject property is currently zoned General Retail and Service Commercial (C-G). The zoning district of C-G is defined within the City of Meridian Zoni11g and Development Ordil1ance, Section 11-2-408(B11). 8. The proposed applicatio11 requests a conditiol1al use pennit for construction and development of 17 storage units and 3 covered RV storage spaces on an unused portion of a commercial lot. Meridian City Ordinance 11-2-405(G) requires a conditiol1al use permit for luore than one building on a lot. 9. That the Applicant, Berta Wagner, owner of the property, is granted a conditional use permit for construction and development of 17 storage units a11d 3 covered RV storage spaces on al1 unused pOrtt011 of a commercial lot, located at the northwest corner of Meridian Road al1d Taylor Avenue, Meridian. Idaho. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 3 requested conditional use is described in the Site Plan, D I SITE PLAN, dated 7 -7 -99, BY: RATZLAFF ARCHITECTS CHARTED, JOB NO. 99, DRAWING NO. MDASCAS I, SHEET AI.O, STORAGE UNITS FOR MALLARD DEVELOPMENT, CO., INC., MERIDIAN, IDAHO, for the development of the aforementioned projects a11d which property is described hereinbelow to-wit: Lot 12 of Taylor Subdivision Plat, according to the official plat thereof, filed in Bool, II of Plats at page 637, records of Ada County, Idaho. Common address known as Lot 12, Taylor Subdivision, at the northwest cor11er of Meridian Road and Taylor Avenue, Meridian, Idaho. 10. The use proposed within the subject application will in fact, C011stitute a conditio11al use as detennined by City Ordinance. II. Giving due C011sideration to the COlnments received froIn the governmeI1tal subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development willI10t iIupose expense upon the public if the following conditions of development are ill1posed and the following is also found to be required to luitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdictiol1 of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 4 ( 11.A C011ditions requested by the City of Meridian Planning and ZOni11g Adnlinistrator withi11 the Meluora11dulTI dated September 14, 1999, be required as follows: Adopt the Meridian Fire Department's Recommendations as follows: 11.1 Applicants shall satisfy all fire code requirements including those pertailung to water flow a11d fire hydrants. Adopt the Nalupa & Meridia11 Irrigation District Recommendations as follows: 11.2 All municipal surface drainage shall be retained on site. 11.3 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 11.4 The Developer must contact the N ampa & Meridia11 Irrigation District for approval before any e11croachment or change of right- of-way occurs. Developer lUUSt cOlnply with Idaho Code S 31- 3805. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recomme11dations as follows: 11.5 All driveways and parldng areas are to be paved in accordance with City ordi11ance. 11.6 Applicant shall provide parldng lot lighting plans to the Meridia11 Public W orles Department. Illun1ination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public, as determined by the City of Meridian. 11.7 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be subluitted to the City E11gineer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 5 ( (Ord. 557, 10-1-91) for all off-street parldng areas. All site drainage shall be contail1ed and disposed of on-site. 11.8 Coordinate fire hydrant placement with the City of Meridian Public W orl(s Departlnent. 11.9 Additional landscaping shall be required to provide a minimum of one three-inch caliper tree is required for every 1,500 square feet of asphalt. Applicant shall revise site plan to show calculations of asphalt and existing al1d proposed landscaping. 11.1 0 A scree11ed trash enclosure is to be provided. The location a11d sizing requirements of the trash e11closure shall be coordinated with Sanitary Services, Inc. prior to obtaining building permits. 11.11 All outdoor storage of equipment and Inaterial shall be screened froIn view. Security fencing on the north side of the property shall be slatted or landscaping shall be i11stalled to provide a visual barrier to the adjacent residential use. 11.12 The applicant shall provide architectural details and elevations to the Planning al1d Zoning Department prior to any perlnits being issued. 11.13 No signage has bee11 proposed a11d none is approved with this aplicatio11. All signage is subject to desigI1 review approval. No temporary signs, flags, banners, etc., are pennitted. Specification restrictions on signage are included as part of the approval of the conditional use permit. 11.14 All building and parldng lot construction shall confonn to the requirelnel1ts of the Atnericans with Disabilities Act. 12. The proposed uses withi11 the subject application will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 6 harlnonious with and in accordance with the Meridian COluprehensive Plan and the City of Meridia11 Zoning and Development Ordinance. 13. The uses proposed withi11 the subject application will be subject to the conditions set forth in Finding of Fact no. II and will be designed, constructed, operated and maintained to be hannonious and appropriate in appearance or intended character of the gel1eral vicilUty and that such uses will not change the intended esse11tial character of the same area. 14. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 15. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protectio11, drai11age structures, refuse disposal, water, and sewer. 16. The applica11t has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operatio11 that will be detrilnel1tal to al1Y persons, property or the general welfare by reason of excessive productio11 of traffic, noise, smol<.e, fulnes, glare or odors. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 7 ( 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. Idaho Code 8 67 -6512 provides i11 part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use perlnits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the ZOni11g 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: I ) Minilnizing adverse ilnpact on other development; 2) Controlling the sequence and timing of developlnent; 3 ) C011trolling the duration of developme11t; 4) Assuri11g that developlnent is Inaintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 8 or services; requiring lTIOre restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processi11g of applications for Conditional Use Pennits by the enactme11t of S 11-2-418 MU11icipal Code. 3. Idaho Code S 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 IG10wn as the "Local Land Use Planni11gAct of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted Decelnber 21, 1993, Ordinance No. 629, January 4, 1994. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant, That the Applicant, Berta Wagner, owner of the property, is granted a conditional use pennit for construction and developlnent of I 7 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 9 ( storage U11its and 3 covered RV storage spaces 011 an unused portion of a cOffiluercial lot, located at the northwest corner of Meridian Road and Taylor Avenue, Meridia11. Idaho. The requested cOl'lditional use is described in the Site Plan, D I SITE PLAN, dated 7-7-99, BY: RATZLAFF ARCHITECTS CHARTED, JOB NO. 99, DRAWING NO. MDASCASI, SHEET AI.O, STORAGE UNITS FOR MALLARD DEVELOPMENT, CO., INC., MERIDIAN, IDAHO, for the development of the aforelne11tioned projects al'ld which property is described hereinbelow to-wit: Lot 12 of Taylor Subdivision Plat, accordi11g to the official plat thereof, filed in Bool( II of Plats at page 637, records of Ada County, Idaho. COlmnon address known as Lot 12, Taylor Subdivision, at the northwest corner of Meridian Road and Taylor Avenue, Meridian, Idaho. 2. The applicant is granted a COl1ditional use permit for and subject to the following terms and conditions: 2.1 Applicants shall satisfy all fire code requireluents including those pertainil1g to water flow and fire hydra11ts. 2.2 AlllTIunicipal surface drainage shall be retained on site. 2.3 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2.4 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. Developer must cOlTIply with Idaho Code S 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 10 , ' 2.5 All driveways and parldng areas are to be paved in accordance with City ordinance. 2.6 Applica11t shall provide parldng lot lighting plans to the Meridia11 Public W orl<.5 Departlnent. Illulni11ation of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public, as detennined by the City of Meridian. 2.7 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 parldng areas. All site drainage shall be contained and disposed of on-site. 2.8 Coordinate fire hydrant placement with the City of Meridian Public W orles Department. 2.9 Additional landscaping shall be required to provide a lninilnum of one three-inch caliper tree is required for every 1,500 square feet of asphalt. Applicant shall revise site pla11 to show calculations of asphalt and existing and proposed landscaping. 2.10 A screened trash enclosure is to be provided. The locatiol1 and sizi11g requirements of the trash enclosure shall be coordinated with Sanitary Services, Inc. prior to obtainil1g building pennits. 2.11 All outdoor storage of equipment and material shall be screened froIn view. Security fencing on the north side of the property shall be slatted or landscaping shall be installed to provide a visual barrier to the adjacent reside11tial use. 2.12 The applicant shall provide architectural details and elevations to the Planning and ZOni11g Department prior to any perInits being issued. 2.13 No signage has been proposed and none is approved with this aplication. All signage is subject to design review approval. No teInporary signs, flags, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY II (' .- banners, etc., are permitted. Specification restrIctIOns on signage are included as part of the approval of the conditional use permit. 2.14 All building and parking lot construction shall conform to the requirements of the Americans with Disabilities Act. 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 Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 12 ( 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 S 67-6521 an affected person being a person who has a11 interest in real property which Inay be adversely affected by the issuance or de11ial 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 a -r:1L ( -, "'- day of Oe-1v6-e !- , 1999. ROLL CALL COUNCILMAN ANDERSON VOTED~ COUNCILMAN BENTLEY VOTED~ COUNCILMAN BIRD VOTED-f4- COUNCILMAN ROUNTREE VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 13 MAYOR ROBERT D. CORRIE (TIE BREAICER) DATED: /tJ-/ f 41 VOTED MOTION: APPROVE~ ---- DISAPPROVED: ---- Copy served upon Applicant, the Plalming and Zoning Department, Public W orles Department and City AttoD1ey. By: /Ci~-'17 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BERTA WAGNER RE: CONSTRUCTION OF STORAGE UNITS RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY 14 October 15, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 19,1999 APPLICANT: SONNTAG EYE ASSOCIATES ITEM #: 9 REQUEST: FF&CL REQUEST FOR ANNEXATION & ZONING OF 4.34 ACRES R-T TO C-G AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE OEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER OEPT: CITY WATER OEPT: MERIDIAN SCHOOL DISTRICT: NAMPA MERIDIAN IRRIGATION: {J- f r/ ~ U fl1 CNffV~~/O MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF SONTAG EYE ASSOCIATES, THE APPLICATION FOR ANNEXATION AND ZONING OF 4.34 ACRES FOR PROPOSED ALLEN STREET CARE CENTER, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) Case No. AZ-99-0 14 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing 011 October 5, 1999, at the hour of 7:00 o'clocl<. p.1U., and Shari Stiles, Planning and Zoning Administrator, and appearing on behalf of the Applicant, Scott Freeman, both having appeared and testified and no one having testified in opposition and the City Council having duly c011sidered the evidence and the record il1 tl1is lnatter therefore Inal<.es the following Findings of Fact al1d Conclusio11S of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing 011 the applicatio11 for annexation and z011ing was published for two (2) C011secutive weel<.s prior to said public hearing scheduled for October 5, 1999, before the City Council, the first publication FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES appeari11g and written notice having been mailed to property owners or purchasers of record within three hU11dred (300') feet of the exter11al boundaries of the property u11der c011sideration lTIOre than fifteen (15) days prior to said hearing and with the 110tice of public hearing havi11g been posted upon the property under consideration more tha11 one weel, before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; a11d the Inatter having been duly considered by the City Council at the October 5, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, havi11g bee11 given full opportunity to express comme11ts and submit evide11ce. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67-6511, and ssI1-2-416E and II-2-417A, Municipal Code of the City of Meridian. 3. The City Council tal(es judicial notice of its zoning, subdivisions and development ordil1ances codified at Title II, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted Decell1ber 21, 1993, Ordinance No. 629, January 4,1994, a11d Inaps and the ordina11ce Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES Z011i11g is described in the applicatio11, a11d by this reference is i11corporated herein as if set forth in full. The property is approxilnately 4.34 acres in size. The property is located at Lot 15 of Magic View Subdivision, Meridian, Idaho. The property is desigI1ated as Allen Street Care Center. 5. The Applicant is acting on behalf of the record owner of the property MarIe and Gari Bottles of 5287 Fairview, Boise, Idaho, and Burke Jones of 5311 Gree11wood, Garden City, Idaho, and has filed a written request for an11exation and z011ing. 6. The property is presently z011ed by Ada COU11ty as Ada County Rural Tra11sitional (R-T), and consists of a rural single family residence. 7. The Applicant requests the property be zoned General Retail and Service COlnnlercial (C-G) which is defined at Meridian City Code Section 11-2- 408(B)((11). 8. The Applicant has requested the annexation and this zoning, and the application was not initiated at the request of the City of Meridian. 9. The proposed site of the subject property is located south of Magic View Drive, west of Allen Street and north of the 1-84 westbound on-ramp, Meridian, Idaho. 10. The subject property is bordered to the north by the recently approved Midvalley Business Parle, to the west by Ada County Rural Transitional, to the south FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES / \, ( \ by Meridian City Light Industrial, to the east by the proposed Holiday Inn Express and the city limits of the City of Meridian are adjacent and abut to the north, east and south of the subject real property. 11. The property which is the subject of this application is within the Area of Ilnpact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban SeIVice Plan11ing Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The applicant proposes to develop the subject property in the follovving ma11ner: C011struction and developlne11t of a 60,000 sq. ft. medical office building inte11ded to house professional tenants and six operati11g rooms for outpatient surgery . 14. The applica11t requests zoni11g of the subject real property as General Retail and SeIVice Commercial (C-G). It is C011sistent with the Meridian COlnprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Developlne11t. Further this proposal is consistent vvith the Meridian Comprehensive Plan as follows: Land Use 4.3U - Encourage new comlnercial developlnent within under-utilized existing commercial areas. Encourage commercial uses, offices and medical-care uses to locate in 4.8U - FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES 5.6 - 5.8 - 5.11 - 5.14U - 5.15U- the Old Town district, business parl(s, shopping centers and near high- intensity activity areas, such as freeway interchanges. The developlnent of a variety of compatible land uses should be provided in specific plans and proposals for future development. Developlnent il1 these areas should be based on functional plans... compatible with the surrounding neighborhoods. The character, site improvemel1ts, and type of development should be harlTIonized with previously-developed land in the area. Because these areas are near 1-84... high-quality visual appearance is essential. The mixed-use area in the vici11ity of 1-84 interchange is a priority development area. Pllblic Services, Utilities and Energy Resources: 3.1- Medical facilities should be encouraged to locate within or nearby cOlnnlercial activity centers. 3.3 - ... encourage lnedical professionals to locate their practice within the City of Meridian... COlnmunity Design: 1.4 - 1.6 - 4.4U - Major entrances to the City should be enhanced and emphasized. The addition of landscaping within existing commercial parl<ing lots should be encouraged. Encourage landscaped setbacl(s for new development on entrance corridors. The City shall require, as a condition of developlnent approval, landscapi11g along all entrance corridors. 15. Giving due consideration to the comment received from the governlue11tal subdivisions providing services in the City of Meridia11 planning jurisdictiol1, public facilities and services required by the proposed development will not ilnpose expense upon the public if the following conditions of development are ilnposed: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES Adopt the Planning and Zoning Administrator and Assistant City Engineer RecoIllI11endations as follows: 15.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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 DepartIllent. No variances have been requested for tiling of any ditches crossing this project. 15.2 Any existing domestic wells and/or septic systems within this project will have to be rellloved froIll their domestic service per City Ordinance Section 5-7 -51 7 . Wells may be used for non-domestic purposes such as landscape irrigation. 15.3 Applicant shall be required to dedicate all right-of-way along Allen Street and Freeway Drive as required by ACHD prior to any building permits being issued for this property. 15.4 Applicant shall be required to enter into a Development Agreelllent with the City as a condition of annexation. The Development Agreement shall specify Ininimum required landscape strip widths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. 15.5 Applicant to submit a revised legal description prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and conforming to all the provisions of the City of Meridian Resolution No. 158, showing the subject site is contiguous to the Corporate City Limits of Meridian. 16. It is found that if the developer pays for the requested ilnprovelllents a11d cOlnplies with the C011ditions set forth in these findings of fact no. 15, and all subparts, the econolnic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES r' 1\ 17. It is found that the development considerations which lTIUSt be tal(en into account, in order to assure the proposed development is designed, constructed, operated and Inai11tai11ed in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vici11ity and will i11sure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed developlnent on potential to produce excessive traffic, noise, slnolce, fUlnes, glare and odors. 18. The proposed developlnent will serve existing and growing needs and will provide services to surrounding illstitutional, commercial and residential developluellt. 19. There are no major or scenic features of luajor importance that affect the consideratioll of this application. 20. The subject annexation request and zoning designation and proposed developlnent relates and is cOlnpatible to the goals and policies of the COlnprehensive Plan of the City as follows: 20.1 The C011sideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the managelnent of growth with the ailll to achieve high- quality development. Enhancement of Meridiall's quality of life for all residents is achieved by applying the criteria of the Comprehensive plall and the Zonillg ordinances of the City to all applications such as the subject applicatio11. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES ( 20.2 This proposed new growth development will finance public service expansion by the requirelnent herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditiol1S herein set forth. 20.4 The application is consistent with Meridian's self identity. 20.5 The proposed development will be consistent with the goal of supplying employment and e~onolnic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 20.6 The preservation and improvement of the character and quality of Meridian's man-Inade environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinal1ces of the City to the subject application. 20.7 Compliance with the requests of the political subdivisions providing services, assures that COlTIlTIU11ity services are being provided for existi11g and projected needs and that the la11d use patterns of the City are balanced to i11sure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES ( CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City lnay annex real property that is within the Meridian Urbal1 Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may tal(e judicial110tice of government ordinances, and policies, a11d of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Plal1ningAct 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. 4. The following are found to be perti11ent provisions of the City of Meridial1 COlnprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to mal(e provisions for and ilnprove the total natural environment by adopting City-wide a11d Urban Service Planning Area policies, which deal with area-specific policies and progralTIs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES 4.2 To ensure that grovvth and development occur i11 an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and. the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and developlnent which supplies employment and eC0110mic 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. 4.4 To provide housing opportunities for all economic groups within the comlTIunity. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To e11courage 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. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance ofland use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficie11tly managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES Land Use 4.3U - 4.8U - 5.6 - 5.8 - 5.11 - 5.14U - 5.15U- Encourage new commercial development within under-utilized existing c0111mercial areas. Encourage cOffiluercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high- intensity activity areas, such as freeway interchanges. The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. Development in these areas should be based on functional plans... compatible with the surrounding neighborhoods. The character, site improvements, and type of development should be harmonized with previously-developed land in the area. Because these areas are near 1-84... high-quality visual appearance is essential. The mixed-use area in the vicinity of 1-84 interchange is a priority development area. Public Services, Utilities and E11ergy Resources: 3.1- Medical facilities should be encouraged to locate within or nearby commercial activity centers. 3.3 - ... encourage medical professionals to locate their practice within the City of Meridian... C01111uunity Design: 1.4 - 1.6 - 4.4U - Major entrances to the City should be enhanced and emphasized. The addition of landscaping within existing commercial parking lots should be encouraged. Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all e11trance corridors. 5. The requested zoning of General Retail and Service Commercial, (C-G) is defi11ed i11 the Zoning Ordinance at 11-2-408 B. II. as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES (C-G) General Retail and Service Commercial: The purpose of the (C- G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto a11d service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, this Section lists the uses allowed in the various zoning districts of the City; that Professional and Sales Offices are listed as permitted for offices as permitted uses in the General Retail and Service Commercial (C-G) District. 7. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed-Use Area at Eagle Road, in 5 .16U, states that all development requests will be subject to development review and conditional use pennit processing to insure neighborhood compatibility. 8. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and operate facilities on this parcel of land. 9. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES 10. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. II. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 12. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER 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: I. This application is for annexation and zoning of 4.34 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordi11ance No. 686. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES (' 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (C-G) General Retail and Service Commercial Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells ancl/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Applicant shall be required to dedicate all right-of-way along Allen Street and Freeway Drive as required by ACHD prior to any building perlnits being issued for this property. 3.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall specify minimum required landscape strip widths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. 3.5 Applicant to submit a revised legal description prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and conforming to all the provisions of the City of Meridian Resolution No. 158, showing the subject site is contiguous to the Corporate City Limits of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES 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 S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who 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 / c;-t!i- day of Oc-fl9 Bet- , 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED~ COUNCILMAN GLENN BENTLEY VOTED~ COUNCILMAN ICEITH BIRD VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTEDF- MAYOR ROBERT D. CORRIE (TIE BREAlCER) DATED: /O'-/cT--C71 VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES ( MOTION: APPROVE~4 ~ISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Warks Departme and the City Attorney. Dated: IO-/?-f9 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES ( October 15, 1999 MERIDIAN CITY COUNCIL MEETING: APPLICANT: KATHY PURCELL f- { OCTOBER 19. 1999 ITEM #: 3 REQUEST: FF&CL REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE OEPT: CITY BUILDING OEPT: CITY SEWER OEPT: CITY WATER OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGA liON: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: COMMENTS SEE ATTACHED FINDINGS 't . f (;; l J(f ~~ 1 /0 rl I' If ,..,. All Materials presented at public meetings shall become property of the City 9f Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF I<ATHY PURCELL, FORA CONDITIONAL USE PERMIT FOR IN-HOME DAY CARE AT 2241 E. CLARENE, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) Case No. CUP-99-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on October 5, 1999, al1d Sl1ari Stiles, Plalu1ing and ZOlling Ad111illistratof, appeared al1d testified at the l1earing, and the Applicant, I<athy Purcell, appeared a11d testified, and no 011e appearing in opposition, and the City Council havi11g received the staff report and the record nlade before the Planning a11d Zoning COlnmission, al1d being fully advised in the prenlises, the COUI1Cil finds and concludes as follows: FINDINGS OF FACT 1. A notice of a public hearing 011 the conditional use perInit was ptlblished for two (2) C011secutive weel<.s prior to the said public hearing scheduled for October 5, 1999, before the City Council, the first publication appearing aI1d vvrittell 110tice havil1g beel1 Inailed to property OWl1ers or purchasers of record within three FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS lCATHY PURCELL IN-HOME DAY CARE - 1 hundred (300') feet of the exterIlal bouI1daries of the property under consideration lnore tl1al1 fifteel1 (15) days prior to said hearing and with the notice of public hearings havi11g been posted upon the property uI1der consideration Inore than one weel( before said heari11g and the copies of all notices were made available to newspaper, radio and television stations as public service a11nouncelnents; and the matter having been duly considered by the City Cou11cil at the said October 5, 1999, public hearing; and the Applicant, affected property 0W11ers, and goven11nent subdivisions providing services withill the planning jurisdictio11 of the City of Meridian, havi11g been give11 full opportunity to express conunel1ts al1d sublnit evidence. 2. There has bee11 compliance with all notice and hearing requirelne11ts set forth i11 Idaho Code sS67 -6509 and 67 -6512; and SS 11-2-416E and 11-2-418E as evidel1ced by the Affidavit of Mailing, a11d the Affidavit of Publication al1d Proof of Posti11g filed with the staff report. 3. COU11Cil tal<.es judicial notice of its ZoniI1g, Subdivision and Developlnent Ordillallces codified at Title 11 Municipal Code of the City of Meridian and all currel1t zoning n1aps thereof al1d the Comprehensive Plan of the City of Meridia11 adopted Dece111ber 21, 1993 OrdiIlal1ce #629 - January 4, 1994 al1d Maps and the Ordi11ance establisl1il1g the Ilnpact Area Bou11dary Ordil1ance and Map. 4. The property is located at 2241 E. Clarene Street, Meridial1, Idaho. FINDINGS OF PACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS lCATHY PURCELL IN-HOME DAY CARE - 2 5. The ovvner of record of the subject property is I<athy Purcell of 2241 E. Clarel1e Street, Meridian. 6. Applicant is ovvner of record. 7. The subject property is currently zoned Medium Density Reside11tial (R-8). The zoning district of R-8 is defined withi11 the City of Meridian ZOni11g a11d DeveloplneIlt OrdinaI1ce, Section 11-2-408.B(4). 8. The applicant requests a conditional use permit for a group child care home with 12 or fewer children. The Medium Density Zoning Designation (R-8) z011ing desigI1atioI1 within the City of Meridian Zoning and Developlnent Ordinance requires a C011ditional use pern1it be obtail1ed for this use. (Meridian City Zoning and DevelopInellt Ordi11ance, Sectio11 11-2-409). 9. The use proposed withi11 the subject application will in fact, COl1stitute a cOl1ditional use as deter111illed by City Ordinal1ce. 10. That the Applica11t, I<athy Purcell, ovvner of the property, is graIlted a conditio11al use perlnit for a group child care honle with 12 or fewer children, located at 2241 E. Clarene Street, Meridian, Idaho. The requested COI1ditional use is described in the Site Plan, dated 5-22-97, Pla11: 1102, Lot 13, Blocl<. 5, SUB: Dove Meadows PH 2, Street: E. Clarene St., Meridian, Ada County, Idaho, Sheet 1 of 6, BY: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS lCATHY PURCELL IN-HOME DAY CARE - 3 Boyer Draftil1g design, Boise, Idaho, THE TRUAX COMPANY, for the development of the aforeluentioned projects and which property is described hereinbelow to-wit: Lot 13 i11 Bloclc 5 of DOVE MEADOWS SUBDIVISION NO.2, according to the official plat thereof, filed iI1 Book 73 of Plats at Pages 7577 and 7578, records of Ada COlll1ty, Idaho. COll1mOl1 address IG10wn as 2241 E. Clarene Street, Meridian, Idaho. 11. Giving due consideration to the COlnments received from the goverl1111e11tal subdivisions providing services in the City of Meridian planning jllrisdiction, public facilities and services required by the proposed developnle11t will not i111pose expeI1se upon the public if the followiI1g conditio11s of development are ilnposed aI1d the following is also found to be required to lnitigate the effects of the proposed use al1d developI11ent UpOI1 services delivered by political subdivisio11s providi11g services to the subject real property within the plaI111ing jurisdiction of the City of Meridian. 11.A COllditioI1S requested by the City of Meridian PlanniI1g and Zoning Admilustrator and Assistant City Engineer within their MelTIoral1dum dated August 11, 1999, be required as follows: Adopt the reCOlTI111endatio11s of the Assistant City E11gil1eer and Plan11ing and ZOlung Adluinistrator as follows: 11.1 Applicant shall provide a Ininimum of one (1) off-street parldng space per elnployee of the day care and adequate off-street loading/unloading areas for children. Garage and driveway areas may accolnn1odate this. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS lCATHY PURCELL IN-HOME DAY CARE - 4 11.2 No signage shall be allowed. 11.3 Sewer and water service will be reviewed to see if the additional load would justify additiol1al assessments. Applicant will be required to enter into an Assesslnent Agreement with the City of Meridia11 prior to operation. 11.4 ZOlUllg Certificate aI1d Certificate of Occupa11cy for tl1e daycare are required prior to operatioll. 11.5 Screened trash enclosures are to be provided i11 accordance with City OrdinaI1ce for a11Y external trash areas. 11.6 The Group Child Care Home shall not adversely impact surrounding properties due to childrel1's noise, traffic and other activities. 11.7 Applicant shall provide a minilnum 6-foot solid fence of appropriate construction to enclose play areas, protect children frOITI surrouI1ding traffic, and to provide a buffer between adjacent properties. 11.8 Applicant shall secure and mail1tain a child care license from the Idaho State Departl11el1t of Healtll al1d Welfare-Child Care LiceI1sil1g Divisio11. Provide a copy of license to the City of Meridial1. Operator's license shall be on-site for City inspection at all tilnes. 11.9 Applica11t shall eI1sure that ilnmUl1ization of all children is verified prior to acceptance i11tO program. 11.10 Applicant shall coordinate with Meridian Fire Department to conduct al1 iI1spectio11 prior to operatio11. 11.11 ViolatioI1 of any of the above conditions shall be cause to revol(e a zoning certificate and certificate of occupancy for a group child FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS lCATHY PURCELL IN-HOME DAY CARE - 5 care hOlne. the Conditional Use Pennit shall be subject to review upon tell (1 0) days' notice to the applicant. Adopt the Meridia11 Fire Department's Recolnmendations as follows: 11.12 ApplicaI1ts shall satisfy all fire code requirements includil1g those pertailling to water flow al1d fire hydrants. Adopt tile Ce11tral District Health Depart11lent's Reco1111nendations as follows: 11.13 Applicant shall obtain a daycare license through Central District Health Department if 12 or greater children are on site. 12. The proposed uses withiI1 the subject application will be harlnOllious with alld in accorda11ce with the Meridian COlnprehensive Plan and the City of Meridia11 Zonillg and Developlnel1t Ordinance. 13. TIle uses proposed within the subject applicatioll will be subject to the conditions set forth in Findi11g of Fact no. 11 alld will be designed, constructed, operated and mail1tained to be harlnonious and appropriate in appeara11ce or intended character of the ge11eral vicinity and that such uses will not change the intended essential character of the saIne area. 14. The uses proposed within the subject applicatioI1 will not be l1azardous or disturbing to existi11g or future lleighboring uses. 15. The uses proposed withi11 the subject application will be served FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS lCATHY PURCELL IN-HOME DAY CARE - 6 adequately by central public facilities and services such as highways, streets, police alld fire protectioI1, draiIlage structures, refuse disposal, water, and sewer. 16. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if al1Y associated with the use. 17. The uses proposed withil1 the subject application will not i11volve uses, activities, processes, luaterials, equipll1el1t and conditiol1s of operatioI1 that will be detrilnental to any persons, property or the general welfare by reason of excessive productioI1 of traffic, noise, smol(e, fUlnes, glare or odors. 18. The developluel1t will not result in the destruction, loss or damage of llatural or sce11ic feature of major ilnportance relating to the property. CONCLUSIONS OF LAW 1. Idaho Code S 67-6512 provides in part that: (A) As part of a z011ing ordinance the City Councilluay provide for the processing of applicatiol1s for special or conditional use permits; and (B) That a special use perInit may be granted to a11 applical1t if the proposed use is otherwise prohibited by the tenns of the zoning ordinance, but may be allowed with conditions under specific provisions of the zorul1g ordil1al1ce, subject to the ability of political subdivisiollS, i11cluding school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS lCATHY PURCELL IN-HOME DAY CARE - 7 (C) That UpOl1 the granting of a special use permit, conditions may be attached to a special use permit, includi11g, but not limited to, those: 1 ) Minilnizing adverse impact on other development; 2) Controlling the sequence and tilning of developlnent; 3) Controlling the duration of developlnent; 4) AssuriI1g that developlnent is Inaintained properly; 5) Desigt1ating the exact location and nature of development; requiring the provision for Ol1-site or off-site public facilities or services; requiring more restrictive standards than those gel1erally required in al1 ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, iI1Cludil1g school districts, providing services within the plal1Iung jurisdictiol1. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of S 11-2-418 MUIucipal Code. 3. Idaho Code S 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 IG10Wl1 as the "Local Land Use Planl1ing Act of 1975." 4. The City of Meridia11 has enacted the Comprehensive Plan City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS lCATHY PURCELL IN-HOME DAY CARE - 8 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 t11is does Order that: 1. That the Applicant, I(athy Purcell, is granted a conditioI1al use permit for a group child care hOlne with 12 or fewer children, located at 2241 E. Clarene Street, Meridian, Idaho. The requested conditional use is described in the Site Plan dated 5- 22-97, Plal1: 1102, Lot 13, Blocl< 5, SUB: Dove Meadows PH 2, Street: E. Clarene St., Meridia11, Ada COUI1ty, Idaho, Sheet 1 of 6, BY: Boyer Drafting desigr1, Boise, Idaho, THE TRUAX COMPANY, for the development of the aforementioned projects and which property is described hereinbelow to-wit: Lot 13 iI1 Blocl< 5 of DOVE MEADOWS SUBDIVISION NO.2, according to the official plat thereof, filed in Boolc 73 of Plats at Pages 7577 and 7578, records of Ada County, Idaho. COlnI11011 address IG10Wl1 as 2241 E. Clarene Street, Meridian, Idaho. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: 2.1 Applicant shall provide a Inil1ilTIUlTI of one (1) off-street parl<ing space per elnployee of the day care aI1d adequate off-street loading/unloading areas for childreIl. Garage aI1d driveway areas may accommodate this. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ICATHY PURCELL IN-HOME DAY CARE - 9 2.2 No signage shall be allowed. 2.3 Sewer and water service will be reviewed to see if the additional load would justify additiollal asseSSlne11ts. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operatiol1. 2.4 Zoning Certificate al1d Certificate of Occupancy for the daycare are required prior to operation. 2.5 Screened trash enclosures are to be provided in accordance with City Ordinance for any external trash areas. 2.6 The Group Child Care Home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 2.7 Applicant shall provide a 111inilnUlTI 6-foot solid fence of appropriate COl1struction to enclose play areas, protect children from surroundiI1g traffic, a11d to provide a buffer between adjacent properties. 2.8 Applicant shall secure and Inai11tain a child care license froln the Idaho State Departlnent of Health and Welfare-Child Care Licensing Division. Provide a copy of license to the City of Meridian. Operator's license shall be on-site for City inspectio11 at all times. 2.9 Applicant shall e11sure tl1at immunization of all children is verified prior to acceptance into program. 2.10 Applicant shall coordinate with Meridian Fire Departlnent to conduct an i11spectio11 prior to operatioI1. 2.11 Violation of any of the above conditions shall be cause to revol<.e a zoning certificate a11d certificate of occupancy for a group child care hOlne. the C011ditional Use Pemlit shall be subject to review upon ten (10) days' l10tice to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS lCATHY PURCELL IN-HOME DAY CARE - 10 2.12 Applica11ts shall satisfy all fire code requirelnents including those pertaining to water flow and fire hydrants. 2.13 Applicant shall obtain a daycare license through Central District Health Departmellt if 12 or greater children are on site. 3. That the City Attorney draft a11 Order Granting C011ditional Use Pennit i11 accorda11ce with this Decision, which shall be signed by the Mayor and City Clerl< and then a copy served by the Clerl< UpOl1 the applicaI1t, the Plam1i11g a11d Zoning DepartlneI1t, Public W orl<.s Departlllel1t a11d City Attorney and aI1Y affected party requested 110tice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS lCATHY PURCELL IN-HOME DAY CARE - 11 NOTICE OF FINAL ACTION Please talce notice that this is a final action of the governing body of the City of Meridial1, pursua11t to Idaho Code S 67-6521 an affected person beiI1g a person who has an interest i11 real property which lnay be adversely affected by the issual1ce or dellial of the c011ditioI1al use perlnit Inay within twenty-eight (28) days after the date of this decision and order seelc a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular IneetiI1g held on the /'q-f!- day of tf/vh 6el- , 1999. ROLL CALL COUNCILMAN ANDERSON VOTED~ COUNCILMAN BENTLEY VOTED~ COUNCILMAN BIRD VOTED-?- COUNCILMAN ROUNTREE VOTED~ VOTED MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: IC-/~-t11 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ICATHY PURCELL IN-HOME DAY CARE - 12 MOTION: APPROVEr.erCJ ---=:::::> DISAPPROVED: Copy served UpOI1 Applicant, the Planning and Zoning Departlnent, Public W orles Department aI1d City AttorI1ey. Dated: /tJ-/1-17 msgjZ:\ W ork\M\Jv1eridian 15360M\Purcell Day Care CUP\CUPFfClsOrdDec \ \\\ t\ H Hllttll t<\\.\\\ ,..,e. &.~ 1I111 <-.",. ~ V' . ~!1.SIj.",- ,.....'~" 1.....--~ ~ ~ C:r~. .'~_~,,~;:.(~.. ').. ~_ ;: "t'.\.~". .....,..~ T."'" -~ ~ .~~., oI;~ ~ .:.'""Il' V. .I, ~ " ~ ti"'~" !...\L J ~ ~;)~~ ~~ ..~ - Qf. ~ e'!9 (} "'.CJ · -:. tI(J '~I 1~ · ~ ~ ~ ';f ~,. $ i',,,,,.,.. C'OIIA.~ (> ""... 1",/ vn I " \\' lilfflUI. u",\\\\' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS lCATHY PURCELL IN-HOME DAY CARE - 13 October 15, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 19.1999 APPLICANT: MEL & DEBI LACY ITEM #: 6 REQUEST: FF&CL REQUEST FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 SAY CARPORT AND REMOVE OR RELOCATE EXISTING DETACHED GARAGE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: COMMENTS SEE ATTACHED FINDINGS CITY POLICE OEPT: CITY FIRE DEPT: CITY BUILDING OEPT: CITY SEWER DEPT: CITY WATER OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: IDAHO POWER: c\~ flpi ~~ jJ OilY A NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF MEL AND ) DEBI LACY FOR A ) CONDITIONAL USE PERMIT ) FOR CONSTRUCTION OF AN ) ATTACHED 2 CAR GARAGE, 261 ) 6" X 48' AND ONE BAY CARPORT ) FOR BOAT STORAGE AND TO ) REMOVE AND/OR RELOCATE ) THE EXISTING SMALL ) DETACHED GARAGE LOCATED ) 1414 N. MERIDIAN ROAD, ) MERIDIAN, IDAHO ) ) Case No. CUP-99-030 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditio11al use permit application having come before the City Council on October 5, 1999, and Shari Stiles, Planning and ZOl1ing Adlni11istrator, appeared and testified at the hearing, and no 011e appeariI1g in oppositiol1, and the City Council havillg received the staff report and the record made before the PlanniI1g and Zoning Commission, a11d bei11g fully advised in the prell1ises, the Council finds a11d concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 1 FINDINGS OF FACT 1. A I10tice of a public hearing on the conditional use permit was published for two (2) consecutive weel(s prior to the said public hearing scheduled for October 5, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the extenlal boundaries of the property under consideration lTIOre than fifteen (15) days prior to said hearing and with the notice of public hearings having been posted upon the property ullder consideration more than one weel( before said hearing and the copies of all notices were made available to newspaper, radio aI1d televisioI1 statioI1S as public service a11nOUI1celnents; a11d the matter havi11g beell duly COllsidered by the City Council at the said October 5, 1999, public hearing; and the Applicant, affected property owners, and government subdivisions providil1g services 'Within the planniIlg jurisdictiorl of the City of Meridian, having been given full opporturlity to express COInlnents al1d sublnit evideI1ce. 2. There has been cOlnpliance with all notice and hearing requiremeI1ts set forth in Idaho Code SS67-6509 and 67-6512; and SS11-2-416E and 11-2-418E as evideI1ced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed 'With the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 2 3. COUI1Cil talces judicialI10tice of its Zoning, Subdivision and Developlllent Ordillances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof al1d the COlnprehensive Plan of the City of Meridian adopted Decelnber 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordil1al1ce establishi11g the Ilnpact Area Boulldary Ordinance and Map. 4. The property is located at 1414 N. Meridian Road, 3 blocl<.s south of Cherry Lane, Meridian, Idaho. 5. The owner of record of the subj ect property Mel A. Lacy of 1414 N. Meridian Road, Meridian. 6. Applical1t is Mel and Debi Lacy. 7. The subject property is currently zoned COllllllUnity Business (CC). The zoning district of CC is defi11ed within the City of Meridian Zoning and DeveloplneI1t Ordinance, Section 11-2-408(B.9). 8. The proposed application requests a conditiol1al use perluit for construction of an attached 2 car garage, 26' 6" x 48' alld one bay carport for boat storage alld to remove al1d/or relocate the existing slnall detached garage. The zoning designation within the City of Meridian ZoniI1g and Developnlent Ordinance 11-2-406 COl1cerl1s 11011-conforI11iI1g structures and uses and requires a COI1ditioI1al use perluit be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 3 obtained for a change or expansioll of a llon-conformiIlg structure or use. (Meridian City ZOlling and DevelopInellt Ordil1ance, Section 11-2-409). 9. That the Applicallt, Mel and Debi Lacy, owners of the property, are granted a conditional use permit for construction of an attached 2 car garage, 26' 6" X 481 and Ol1e bay carport for boat storage and to remove and/or relocate the existing sInal1 detached garage. The requested conditional use is described in the drawings, iIlcluding a Vicinity Map, addressed in Exhibit "A" attached hereto, for the developll1e11t of the aforelnentiol1ed projects and which property is described hereillbelow to-wit: PARCEL I BEGINNING at the Southwest corner of Blocl( 4 of F.A. NOURSE'S THIRD ADDITION TO MERIDIAN, as shown 011 the Official Plat thereof, filed in Bool<. 7 of Plats at Page 200; records of Ada County, Idaho; thence North along the West bOllndary of said Blocl( 4 a distance of 70 feet to the REAL POINT OF BEGINNING; thence North a distance of 60 feet to a point on the West boundary of said Bloclc 4; thence East parallel with the North bou11dary of said Blocl, 4 a distance of 150 feet to a point; the11ce South parallel with the West boundary of said Blocl( 4 a distance of 60 feet to a point; thence FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 4 ( West parallel with the South boundary of said Blocl( 4, to the REAL POINT OF BEGINNING. PARCEL II BEGINNING at the Southwest Corner of Blocl( 4 of F.A. NOURSE'S ADDITION TO MERIDIAN, as shown on the Official Plat thereof, filed in Bool( 7 of Plats at Page 200, records of Ada County, Idaho, thence; Nortl1 70 feet, the11ce East 150 feet to the REAL POINT OF BEGINNING; thence East 73.5 feet; thence North 60 feet; thence West 73.5 feet; thence South 60 feet to the REAL POINT OF BEGINNING. Common address IG10Wl1 as 1414 N. Meridian Road, Meridian, Idaho. 10. The use proposed within the subject application will in fact, C011stitute a COllditiol1al use as detennined by City Ordil1a11ce. 11. Giving due consideration to the comlnel1ts received from the govern111e11tal subdivisiol1s providi11g services in the City of Meridian planniI1g jurisdiction, public facilities and services required by the proposed developlnent 'Will not inlpose expense upon the public if the following conditions of development are iInposed and the following is also foul1d to be required to mitigate the effects of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 5 proposed use and developlnent upon services delivered by political subdivisio11s providing services to the subject real property within the planning jurisdiction of the City of Meridia11. 11.A Conditions requested by the City of MeridiaI1 Planning al1d Zoning Administrator and Assistant City Engineer within their Melnoranduln dated Septenlber 13, 1999, be required as follows: Adopt the recolnmendations of the Assistant to the City Engineer and the P&Z Administrator: 11.1 The proposed garage and carport shall be constructed per the Uniform Building Code and n1eet all minimuln setbaclc requirelne11ts of the City. 11.2 If the Applicant il1tends to use the detached garage (proposed t relocate to the far east end of property) as a studio apartment, a separate Conditional Use Permit will be required. Any relocation of the existil1g building will require that the building meet all current Codes. 11.3' A privately ovvned and maintained sewer line crosses this property in the approxilnate location of the building expansion. applicant should be prepared to discuss ovvnership and any liability issues if buildiIlgS are erected over this line. The City of Meridia11 has no responsibility or ovvnership but is cOI1cerned about potential for blocldng future access to the line for maintenance purposes. 11.4 This conditional use perluit shall be subject to review upon ten ( 10) days notice to the applicant. &1 approval of transfer will be required for any new ovvners/tenants. 12. The proposed uses within the subject application will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 6 hannonious with a11d in accordance with the Meridian COlnprehensive Plan and the City of Meridian Zoning and Development Ordinance. 13. The uses proposed within the subject application will be subject to the conditions set forth in Finding of Fact no. 11 and will be designed, constructed, operated and Inaintained to be harlTIonious and appropriate in appearance or intel1ded character of the general vicinity al1d that such uses will not change the intended essential character of the same area. 14. The uses proposed within the subject application will not be hazardous or disturbing to existi11g or future neighboring uses. 15. The uses proposed within the subject application will be served adequately by ceI1tral public facilities and services such as highways, streets, police and fire protectiol1, drainage structures, refuse disposal, water, and sewer. 16. The applicant has agreed to pay any additioIlal sewer, water or trasl1 fees or charges, if any associated with the use. 17. The uses proposed within the subject application will not involve uses, activities, processes, lnaterials, equipment and conditions of operation that will be detrimental to a11Y persons, property or the general welfare by reason of excessive productioI1 of traffic, noise, smolce, fumes, glare or odors. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATIACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 7 18. The develoPlnent will 110t result in the destruction, loss or dalnage of Ilatural or sce11ic feature of major ilnportance relating to the property. CONCLUSIONS OF LAW 1. Idaho Code S 67-6512 provides in part that: (A) As part of a zOlung ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use perlnit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinal1ce, but luay be allowed with conditions under specific provisio11S of the zOl1ing ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, al1d when it is I10t in conflict with the plan; and (C) That upon the granting of a special use perlnit, conditions may be attached to a special use perlnit, including, but I10t lilnited to, those: 1 ) Miniluizing adverse iInpact on other development; 2) ControlliI1g the sequence and tilning of development; 3) Controlling the duration of development; 4) Assuring that developlnent is Inaintained properly; 5) Desigr1atiI1g the exact location and nature of developInent; requiri11g the provision for on-site or off-site public facilities FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 8 or services; requiring more restrictive standards than those gellerally required in an ordinaI1ce; requiring mitigatioI1 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 Conditiollal Use Permits by the enactlneI1t of 9 11-2-418 MU11icipal Code. 3. Idaho Code S 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 I<.nOWl1 as the "Local Land Use Plarnling Act of 1975." 4. The City of Meridian has enacted the COlnpreheI1sive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applical1t, Mel and Debi Lacy, owners of the property, are granted a conditional use permit of a11 attached 2 car garage, 26' 611 x 48' and one bay FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 9 carport for boat storage and to remove al1d!or relocate the existing small detached garage. The requested conditional use is described in the drawings, including a Vicinity Map, addressed in Exhibit "A" attached hereto, for the developme11t of the aforel11el1tiol1ed projects and which property is described hereinbelow to-wit: PARCEL 1 BEGINNING at the Southwest corner of Bloclc 4 of F.A. NOURSE'S THIRD ADDITION TO MERIDIAN, as shown on the Official Plat thereof, filed iI1 Boolc 7 of Plats at Page 200; records of Ada County, Idaho; thence North alol1g the West bouIldary of said Bloclc 4 a distance of 70 feet to the REAL POINT OF BEGINNING; thel1ce North a distal1ce of 60 feet to a point on the West boundary of said Blocl( 4; thence East parallel with the North boulldary of said Bloclc 4 a dista11ce of 150 feet to a point; thence South parallel with the West boundary of said Bloclc 4 a distance of 60 feet to a point; thence West parallel with the South boundary of said Bloclc 4, to the REAL POINT OF BEGINNING. PARCEL II BEGINNING at the Southwest Corner of Bloclc 4 of F.A. NOURSE'S ADDITION TO MERIDIAN, as shown on the Official Plat thereof, filed in Bool<.7 of Plats at Page 200, records of Ada County, Idaho, thence; North 70 feet, thence East 150 feet to the REAL POINT OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 10 ( BEGINNING; thence East 73.5 feet; thence North 60 feet; thence West 73.5 feet; thence South 60 feet to the REAL POINT OF BEGINNING. COlTIrnOn address IG10wn as 1414 N. Meridial1 Road, Meridian, Idaho. 2. The applicant is granted a conditional use pennit for al1d subject to the following terms aI1d cOI1ditions: 2.1 The proposed garage and carport shall be constructed per the Uniform Building Code aI1d Ineet alllninilTIum setbacl( requirelnents of the City. 2.2 If the Applicant intends to use the detached garage (proposed t relocate to the far east end of property) as a studio apartment, a separate Conditional Use Pennit will be required. At1Y relocation of the existing building will require that the building meet all current Codes. 2.3 A privately oWl1ed a11d Inaintained sewer li11e crosses this property in the approxiInate location of the building expa11sion. Applicant should be prepared to discuss ownership and any liability issues if buildings are erected over this line. The City of Meridian has no responsibility or ownership but is concerned about potential for blocl<.ing future access to the line for lnaintenance purposes. 2.4 This conditional use perlnit shall be subject to review upon ten (10) days notice to the applicant. An approval of transfer will be required for al1Y I1ew owners/tenants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - II 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordal1ce with this Decisiol1, which shall be signed by the Mayor and City Clerk a11d tl1eIl a copy served by the Clerl( upon the applicant, the Planning and Zoning Departmel1t, Public W orl<.S Department and City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 12 NOTICE OF FINAL ACTION Please tal(e 110tice that this is a final action of the governing body of the City of Meridian, pursual1t to Idaho Code s 67-6521 an affected person being a person who has all il1terest in real property which lnay be adversely affected by the issuance or deIlial of the conditional use permit may withill twenty-eight (28) days after the date of this decision and order seel( 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 I q..;-~ day of tJ0~ 6-er , 1999. ROLL CALL COUNCILMAN ANDERSON VOTED~ COUNCILMAN BENTLEY VOTED~ COUNCILMAN BIRD VOTED-r-- COUNCILMAN ROUNTREE VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 13 MAYOR ROBERT D. CORRIE (TIE BREAlCER) DATED: I/J -;t?-t?1 VOTED MOTION: APPROVED~ ---- DISAPPROVED: Copy served upon Applicant, the Planning and ZOIU11g Department, Public W orl(s Departlne11t and City Attorney. By: Dated: /cJ.-/-7-f1 n1sglZ:\W ork\M\Meridian 15360M\Lacy CUP\CUPFfCIsOrdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 14 / I 1\ 11\- I' I l""~,i' 1'1\' \ I : , ;, , : ; 'U I i'~ \ )\ , !. 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E" 1511#& POOL r @t" ( ,1<1' J A sf./ -r12tl:' J . 1 .. 0 ~)<~77tV'~ N~vJ \}J l (,l, 0 vJ TJ2~~ (MAYBE) NEW sJ.JRIJ/3 "J . u--..- _ , EXHIBIT "A" October 15, 1999 MERIDlAN CITY COUNCIL MEETING: APPLICANT: RAY CHASE OCTOBER 19,1999 ITEM #: 4 REQUEST: FF&CL REQUEST FOR CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITY AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING OEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: COMMENTS SEE ATTACHED FINDINGS ~Jt- {t t J / 0 L D -flr ~ if/O All Materials presented at public meetings shall become property of the City of Meridian. ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF RAY CHASElREGENT BUSINESS CO., INC., FORA CONDITIONAL USE PERMIT FOR EXPANSION OF AN EXISTING CHILD CARE FACILITY "ICID'S CLUB" , LOCATED 1302 E. FIRST STREET, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) Case No. CUP-99-028 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditiollal use permit application having come before the City Council 011 October 5, 1999, and Shari Stiles, Planning and Zoning Adllunistrator, appeared and testified at the hearing, and no one appearing in opposition, a11d the City Council having received the staff report and the record made before the Planlung and ZOI1ing COlmnission, and bei11g fully advised in the prelnises, the Council fillds al1d concludes as follows: FINDINGS OF FACT 1. A 110tice of a public hearing on the conditional use perlnit was pllblished for two (2) consecutive weel<.s prior to the said public hearing scheduled for October 5, 1999, before the City Council, the first publication appearing and written FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASEIREGENT BUSINESS CO., INC., / laD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 1 ,/' - notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideratioll more than fifteen (15) days prior to said hearing and with the notice of public hearings having beeI1 posted upon the property under consideration luore than one weel( before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service annOUl1celuents; and the matter having been duly cOI1sidered by the City Council at the said October 5, 1999, public hearing; and the Applicant, affected property owners, and govermuent subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full OpportUluty to express COlnmel1ts and submit evidence. 2. There has been compliance with all notice and hearing requiremel1ts set forth in Idaho Code ss67-6509 and 67-6512; and ssll-2-416E and 11-2-418E as evidenced by the Mfidavit of Maili11g, and the Mfidavit of Publication and Proof of Posting filed with the staff report. 3. Council tal<.es judicialI10tice of its Zoni11g, Subdivision and Development OrdiI1ances codified at Title II Municipal Code of the City of Meridian 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 GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASEIREGENT BUSINESS CO., INC., / laD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 2 Meridian adopted Decelnber 21, 1993 Ordinance #629 - January 4, 1994 and Maps alld the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 1302 E. First Street, Meridian, Idaho. 5. The owner of record of the subject property is Regent Business Co., Inc., of 245 E. Liberty, #200, Reno Nevada. 6. Applicant is Ra)'111ond Chase of 1302 E. First Street, Meridian. 7. The subject property is currently zoned Community Business (CC). The zoning district of CC is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(9). 8. That tile Applicant, Ra)'lTIond Chase, and Regent Business Co., Inc., owner of the property, are granted a conditional use permit to add an 830 sq. ft. building to be used for office a11d classroom space, located at 1302 E. First Street, Meridian, Idaho. In February of 1997 this applicant received a conditional use permit for a child care center for 12+ children. The proposed 830 sq.ft. building represents a significant change to the existing conditional use perlnit requiring a new conditional use permit. The requested conditional use is described in the Addition Plan dated 07- 10-97, DRAWN BY: RJS, CHECI<ED BY: ROGERJ. SMITH, P.E., PROJECT NO. 97454, SHEET Cl.0, PROJECT NANIE: NEW MERIDIAN DAY CARE - CINDY FINDINGS OF PACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASEIREGENT BUSINESS CO., INC., / IUD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 3 CHACE, PINNACLE ENGINEERS, INC., ARCHITECTS, for the development of the aforementioI1ed projects and which property is described hereinbelow to-wit: A parcel of la11d located in the Northwest quarter Northwest quarter of Section 7, TOWl1ship 3 North, Range 1 East, Boise Meridian, Ada COU11tYJ Idaho, more particularly described as follows: Conunencing at the West quarter corner of Section 7, Township 3 North, Range 1 East, Boise MeridiaI1, Ada County, Idaho; theI1ce Eas.t on the center line of said Section 7, a distance of 521.4 feet to a concrete lTIOnUment in the center of East First Street on Pine Avenue; thence North on the center line of East First Street, a distance of 1264 feet; thence East 40 feet to the East line of East First Street, THE REAL PLACE OF BEGINNING; thence North along the East line of East First Street, a distance of 92 feet; thence East 246 feet; thel1ce South at right angles 92 feet; thence West along the North boundary of the High School Property 246 feet, to THE REAL PLACE OF BEGINNING. EXCEPT Ditch and Road Rights-of-Way. Common address lmown as 1302 East First Street, Meridian, Idaho. 9. The use proposed within the subject application will in fact, constitute a conditional use as determiI1ed by City Ordinance. 10. The proposed application requests a conditional use permit to add an 830 sq. ft. building to be used for office al1d classroom space. The Community Business District (C-C) zoning designation within the City of Meridian Zoning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASE/REGENT BUSINESS CO., INC., / IOD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 4 Development Ordinance requires a conditional use permit be obtained because more than one building is proposed 011 one lot. (Meridian City Zoning and Development Ordi11aI1ce, Sectio11 11-2-409). 11. Giving due consideration to the comments received from the govermnental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to Initigate the effects of the proposed use a11d development UpOIl services delivered by political subdivisions providi11g services to the subject real property within the planning jurisdiction of the City of Meridian. II.A Conditions requested by the City of MeridiaIl Planning and ZOIung Administrator and Assistant City Engineer within their Memoranduln dated August 30, 1999, be required as follows: Adopt the recolnmendations of the Assistant City Engineer and Planning and Zoning Administrator as follows: 11.1 Construction shall meet all Codes applicable to commercial property which have been adopted by the City. Construction needs to meet ADA requirements for handicap accessibility. 11.2 Off-street parldng shall be provided in accordance with Section 11- 2-414 of the City of Meridian ZOni11g and Development Ordinance. All parkil1g areas are to be paved. Paving and striping FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASEIREGENT BUSINESS CO., INC., / laD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 5 shall be in accordance with the standards set forth in Sections 11- 2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans vvith Disabilities Act (ADA) requirelnents. 11.3 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, 1 091) for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 11.4 A minimum of one (1) three-inch (3") caliper tree per 1 ,500 square feet of asphalt as required per City Ordinance Section 11-2-414.D. Existing trees shown on site plan exceed this requirement. 11.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or traffic and in accordance with City Ordinance Section 11-2-41 4.D.3. 11.6 Zoning Certificate and Certificate of Occupancy are required prior to operation. 11.7 Applicant shall provide for adequate screening of adjacent residential properties to provide needed buffers. 11.8 New trash enclosures associated with the building shall be screened per City Ordinance Sectio11 11-2-414.A.3. Dumpsters shall not impede fire access. 11.9 No signage has been proposed, and none is approved with this applicatiol1. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Developlnent Ordinance. All signage shall be subject to design review. No temporary, A-fralne or flashing signage will be permitted. Nonconforming signage will be removed by the City upon 3 days' notice to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASEIREGENT BUSINESS CO., INC., / laD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 6 ( 11.10 All outdoor storage of equipment and materials shall be screened from public view. 11.11 Applicant should coordinate sewer and water service locations with the City's Plumbing Official. (See 1997 Uniform Plumbing Code 312.0.) 11.12 All findings aI1d conditions included in the existing daycare C.U.P. of February 1997 shall apply to this application. 11.13 No additional signage has been proposed for the seco11d building. Any additional signs require a separate permit. 11.14 Applicant shall construct some type of architectural features (i.e. awnings, windows) on the west side of proposed building for greater aesthetic appeal, and such architectural feature plans shall be submitted for approval. 11.15 All minimum building setbacl(s must be met. 11.16 The Applicant has represented that the day care operation will not increase the total number of children. If this second building is approved, it should be noted that it does not deem the City's approval for an increased number of children. Adopt the Meridian Fire Departlnent's Recommendations as follows: 11.1 7 Applicants shall satisfy all fire code requiremel1ts including those pertaining to water flow and fire hydrants. 12. The proposed uses within the subject application will be harlnonious with al1d in accordance with the Meridian Comprehensive Plan and the City of MeridiaI1 Zoning and Development Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASEIREGENT BUSINESS CO., INC., / rOD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 7 13. The uses proposed within the subject application will be subject to the COI1ditio11S set forth in Finding of Fact no. 11 and will be designed, constructed, operated and lnaintained to be hannonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended esse11tial character of the same area. 14. The uses proposed within the subject application will not be hazardous or disturbi11g to existing or future neighboring uses. 15. The uses 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. 16. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 17. The uses proposed within the subject applicatio11 will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrilne11tal to any persons, property or the general welfare by reason of excessive productioIl of traffic, l10ise, slTIol(e, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASEJREGENT BUSINESS CO., INC., / laD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 8 CONCLUSIONS OF LAW 1. Idaho Code S 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use perluit may be granted to an applicant if the proposed use is otherwise prohibited by the tenus of the zoning ordinance, but lnay 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 pennit, 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 a11 ordinance; requiring lnitigation of effects of the proposed developlnent upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASE/REGENT BUSINESS CO., INC., / laD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 9 2. The City of Meridian has exercised its authority to provide for the processi11g of applications for Conditional Use Permits by the enactment of S 11-2-418 Municipal Code. 3. Idaho Code S 67 -6504 provides that the City Councilluay exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is IG10wn as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant, Raymond Chase, and Regent Business Co., Inc., owner of the property, are granted a conditional use permit to add an 830 sq. ft. building to be used for office and classroom space, located at 1302 E. First Street, Meridian, Idaho. In February of 1997 this applicant received a conditional use permit for a child care center for 12+ children. The proposed 830 sq.ft. building represents a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASE/REGENT BUSINESS CO., INC., / laD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 10 significant chaI1ge to the existing conditional use permit requiring a new conditional use pennit. The requested conditional use is described in the Addition Plan dated 07- 10-97, DRAWN BY: RJS, CHECI<ED BY: ROGERJ. SMITH, P.E., PROJECT NO. 97454, SHEET Cl.0, PROJECT NAME: NEW MERIDIAN DAY CARE - CINDY CHACE, PINNACLE ENGINEERS, INC., ARCHITECTS, for the development of the aforementio11ed projects and which property is described hereinbelow to-wit: A parcel of land located i11 the Northwest quarter Northwest quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, l110re particularly described as follows: CormnenciI1g at the West quarter comer of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada COU11ty, Idaho; thence East on the center line of said Section 7, a distance of 521.4 feet to a concrete monUlnent in the center of East First Street on Pine Avenue; thence North on the center line of East First Street, a distance of 1264 feet; thence East 40 feet to the East line of East First Street, THE REAL PLACE OF BEGINNING; thence North along the East line of East First Street, a distance of 92 feet; thence East 246 feet; thence South at right angles 92 feet; thence West along the North boundary of the High School Property 246 feet, to THE REAL PLACE OF BEGINNING. EXCEPT Ditch and Road Rights-of-Way. Common address Imown as 1302 East First Street, Meridian, Idaho. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASEIREGENT BUSINESS CO., INC., / laD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 11 2.1 Construction shall meet all ,Codes applicable to cormnercial property which have bee11 adopted by the City. Construction needs to meet ADA requirements for handicap accessibility. 2.2 Off-street parldng shall be provided in accordance with Section 11-2-414 of the City of Meridian ZOI1i11g aI1d Development Ordinance. All parking areas are to be paved. Paving and striping shall be in accordance with the standards set forth in SectioI1S 11-2-414.D.4 and 11-2-414.D.5 of the City of MeridiaI1 Z011ing and Development OrdinaI1ce and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 A drainage plan designed by a State of Idaho licensed architect or engi11eer is required and shall be sublnitted to the City E11gineer (Ord. 557, 1091) for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 2.4 A lTIinimUlTI of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt as required per City Ordinance Section 11-2-414.D. Existing trees ShOWl1 on site plan exceed this requirement. 2.5 Outside lighting shall be desigr1ed and placed so as not to direct illumination on any nearby residential areas or traffic aI1d in accordance with City Ordinance SectioI1 11-2-41 4.D.3. 2.6 Zoni11g Certificate and Certificate of Occupancy are required prior to operation. 2.7 Applicant shall provide for adequate screening of adjacent residential properties to provide needed buffers. 2.8 New trash enclosures associated with the building shall be screened per City Ordinance Section 11-2-414.A.3. DUlnpsters shall not impede fire access. 2.9 No signage has been proposed, and none is approved with this application. All signage shall be in accordance with the standards set forth in Section 11- 2-415 of the City of MeridiaI1 Zoning and Development Ordinance. All FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASE/REGENT BUSINESS CO., INC., / laD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 12 signage shall be subject to design review. No temporary, A-fralne or flashing signage will be permitted. Nonconforming signage will be removed by the City upon 3 days' notice to the applicant. 2.10 All outdoor storage of equipment and Inaterials shall be screened from public view. 2.11 Applicant should coordinate sewer and water service locations with the City's Plumbing Official. (See 1997 Uniform Plumbing Code 312.0.) 2.12 All findings and conditions included in the existing daycare C.D.P. of February 1997 shall apply to this application. 2.13 No additional signage has been proposed for the second building. Any additional signs require a separate permit. 2.14 Applicant shall construct some type of architectural features (i.e. awnings, windows) on the west side of proposed building for greater aesthetic appeal, and such architectural feature plans shall be submitted for approval. 2.15 Alllninilllum buildil1g setbacks Inust be met. 2.16 The Applicant has represented that the day care operatioll will not increase the total nUlnber of children. If this second building is approved, it should be noted that it does not deem the City's approval for an increased number of children. 2.17 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 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 Clerk and thel1 a copy served by the Cleric upon the applicant, the Planning and Zoning FINDINGS OF PACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASEIREGENT BUSINESS CO., INC., / raD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 13 ( ( Departlnent, Public W orl<s Department and City Attorney and any affected party requested 11otice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASE/REGENT BUSINESS CO., INC., / IUD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 14 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 S 67-6521 an affected person being a person who has all illterest in real property which may be adversely affected by the issuance or denial of the cOl1ditional use perlnit 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. 'ur-L By action of the City Council at its regular meeting held on the 17 day of 6/ch~-er , 1999. ROLL CALL COUNCILMAN ANDERSON VOTED~ COUNCILMAN BENTLEY VOTED~ COUNCILMAN BIRD VOTED~ COUNCILMAN ROUNTREE VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASEIREGENT BUSINESS CO., INC., / laD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 15 MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: IC-(?j-c?f MOTION: - DISAPPROVED: Copy served upon Applical1t, the Plalming and ZOl1ing Department, Public Works Departlnent and City Attorney. By: City Clerk Dated: IcJ-(tp-ft FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RAY CHASEIREGENT BUSINESS CO., INC., / IUD'S CLUB RE: EXPANSION OF AN EXISTING CHILD CARE FACILITY - 16 MERIDIAN- - CITY OF MERIDIAN Wastewater Department 3401 N. Ten Mile Road Meridian, Idaho 83642 208-888-2191 · Fax 884-0744 MERmIA.N October 14, 1999 RECEIVED OCT 1 5 1999 CITY OF IVIERIDIA1\J To: Honorable Mayor Robert D. Corrie and Members of the Meridian City Council From: John T. Shawcroft Public Works Superintendent RE: Contract for Patricia Brown, Brown and Caldwell Gentlemen, The new NPDES permit issLJed to the City'.of Meridian rect~ires the submission of a QAQC plan to ~PA within 120 days of the effective date of the permit. The permit becomes effective November 2, 1999. The permit also requires implementation of the plan thirty days after submission. At present the Wastewater Department does not have personnel available in-house who are capable of developing such a plan. Due to the narrow time frame for submission, I am proposing to use the expertise of Ms Brown. She has provided these services to plants in Oregon, Wyoming, Washington, and Idaho. A copy of the ~.roposed contract is attached. The Wastewater Department has the available resources for this in budget. We knew the requirement would likely be included and made Q,fovisions accordingly. Thank you for considering this request. Sincerely, <;?~~ John T. Shawcroft Public Works Superintendent ~ ~ -/. :?cP ~~ ~~ ? ( Page 19 of 32 Permit No. ID-002019-2 CPR 503.33(b)(I) through (b)(8) is met; · a description of how the pathogen requirements in 40 CPR 503.32 are met; · the appropriate certification statement from 40 CFR 503.17. . statement that appliers certifications under 40 CFR 503.17 were completed for all sites; · units for reported concentrations; · dry weight concentrations; . ,number of samples collected during the monitoring period; . n~ber of excursions during the monitoring period; · sample collection techniques; and · analytical methods used H. Quality Assurance Reauirements 1. The permittee shall develop a Quality Assurance Plan for all monitoring req~ements ide~tified in the permit (ambient, influent, effluent, biosoli4s monitoring). The primary purpose of the Quality Assurance Plan shall be to assist in planning for the c.ollection and analysis of samples in support of the permit and in explaining data anomalies when they occur. 2. Throughout all sample collection and analysis activities, the permittee shall use the EP A approved quality assur.ance, quality control, and chain-af-custody procedures described in: 1) Requirementsfor Quality Assurance Project Plans, EPA QAIR-5 EPA, and 2) Guidan~e on Quality Assurance Proje~t Plans, EP A QAlG-5 . The following references may be helpful in preparing the Quality Assurance p~ . for this permit: ,. .~ : " - ~, 1) The Volunteer Monitors Guide to Quality Assurance Project Plans EPA 84~-B- . ,{r, . 96-003, September 1996, . . '.: - ~-.+ -2) U.S. Environmental Protection Agency, Method 1669:. Sampling ~ient Water for Trace Metals at EPA Water Quality Criteria Levels, 199~, EPA-821-R-95-034, and 3) U.S. Environmental Protection Agency, Sampling Ambient and Effluent Waters for Trace Metals, EPA-821-V-97-001. ' 3. The plan shall be submitted to EPA within 120 days of the effective date of this NPDES permit. The plan shall be implemented within 150 days of the effective date of this NPDES permit. 4. At a minimum the plan shall include the following: . Sampling techniques (field blanks, replicates, duplicates, control samples, e tc ) . · Sampling preservation methods. · Sampling shipment procedures. ( Page 20 of Permit No. ID-0020i9. · Instrument calibration procedures and preventive maintenance (frequency, ,~,- standard, spare parts). · Qualification and training of personnel. · Analytical methods (mcluding quality control checks, quantificatio nJ detectio n levels). . Analytical test method that will be used to achieve the method detection limits in Section I.B.5. 5. Name(s), addressees) and telephone nurnber(s) of the laboratories, used by or proposed to be u~ed by the permittee, shall be specified in the Quality Assurance Plan. . I. . Defmitions. 1. "Agronomic rate" is the whole sludge (biosolids) application rate (dry weigh,! basis) designed: (1) to provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop, or vegetation grown on the land; and (2) to minimize the amount of nitrogen in the sewage sludge (biosolids) that passes below the root zone of the crop or vegetation grown on the land to the ground water. ~ .... i - ......:;. .i:.. '. t{ : : 2. "Annual Average" means the sum all values reported in a twelve month period divided by the number of values. 3. "Application Site or Land Application Site" means all contiguous areas of a users' property intended for bioso1ids application. 4. ItAverage monthly discharge limitation" means the highest allowable average of tidally dischargestt over a calendar month, calculated as the sum of all tidally discharges" measured during a calendar month divided by the number of ttdaily discharges" measured during that month. . . 5. ttAverage weekly discharge limitation" means the highest allowable ave~e 'of tldaily discharges" over a calendar week, calculated as the sum of all "daily discharges" measured during a calendar week divided by the number of tJdaily dischargeslt measured during that week. 6. "Biosolids" means any sewage sludge or material derived from sewage sludge 7. "Bypass" means the .intentional diversion of waste streams from any portion of a treatment facility. 8. "Chronic toxicity" measures a sublethal effect (e.g., reduced growth, reproduction) to experimental test organisms exposed to effluent or ambient water compared to that of the control organism. 9. "Crop trial" means applying biosolids as a soil amendment on an area of land two (2) acres or less for the purpose of developing appropriate agricultural practices. <'}J'R :JFI .~~ ,..~~.~ :~. ~ ~~ \ .,~.~ ~:~:<~~t~::-jg)r : ~ ^ ~ /" >df ~ ~ k~ ~:;~ /i.^' :. = ~y. ~ " ~ =" A ~:;~ 'h Environmental Engineering & Consulting 16-12th Aver{ . ')uth, Suite 112 Nampa, 10 8~ ( Tel: (208) 465-5725 Fax: (208) 465-8081 October 12, 1999 1Vrr. John T. Shawcroft Superintendent City of Meridian 3401 North Ten Mile Rd. Meridian, Idaho 83642 54-00-9416010 Subject: Proposal Assist in the Selection of a Laboratory Manager and the development of a Laboratory Quality Assurance Manual Dear 1Vrr. Shawcrott: Thank you for the opportunity to propose on assisting the City of Meridian with the selection of a Laboratory Manager and the development of a Quality Assurance Manual. SCOPE OF WORK The Scope of Services to be provided by Brown and Caldwell include the following: . Assist in the selection of a Laboratol)' Manager . Develop a Quality Assurance Manual, specific to the City. COST ESTIMATE Brown and Caldwell proposes to provide the above outlined services on a time-and- materials basis in accordance with our Standard Terms and Conditions. The total labor cost to perform the services described above will not exceed $8,000, nnless authorized by the City of Meridian. Compensation for this work will be billed in accordance with our Terms and Conditions (Attachment A) and the 1999 Standard Billing Rate Schedule (Attachment B). Direct expenses and subcontractor fees will be billed at cost plus a standard markup of 10 percent. (- ( Mr. Jo1m T. Shawcraft October 12, 1999 Page 2 Brown and Caldwell appreciates the opportunity to provide the City of Meridian with this Proposal. If you have questions regarding this Proposal, please contact me at (208) 465-5725. We look forward to working with you on this important project. Very truly yours, BROWN AND CALDWELL Brian G. Anderson Office Manager Ms. Patricia Brown Senior Operations Specialist The undersigned agrees to the Terms and Conditions of this Letter Proposal attached hereto. Signature: Printed Name: Title: Da te: PB/55 ATTACHMENT A 1999 Schedule of Hourly Billing Rates Level En ineerin Technical/Scientific Administrative $/Hour Level A Clerk I 34.00 Officeworker I Level B Assistant Field Service Technician Clerk II 42.00 Computer Drafting Plotter Operator Officeworker II Data Entry Clerk Project Assistant Drafter Trainee Receptionist I Student Trainee I Word Processor I LevelC Assistant Drafter 49.00 Assistant Illustrator Clerk III Assistant Scientist Editor\Coordinator Associate Field Service Tech. Librarian I Computer Drafting Operator Trainee Officeworker III Student Trainee II Senior Project Assistant Records Management Assit. Secretary I Receptionist II Telephone Operator Word Processor II Level D Engineering Aide Telecommunications Coord. I Accountant I 59.00 Inspection Aide Associate Scientist Senior Accounting Clerk Assistant Engineering Tech. Human Resources Analyst Drafter Senior Clerk Computer Drafting Operator Assistant Technical Writer Illustrator Librarian II Field Service Technician Supervisor, Mailroom Facilities Supervisor, Reproduction Srvc. Marketing Coordinator Project Coordinator I Secretary II Receptionist III Supervisor, Switchboard Word Processor III LevelE Assistant Engineer Computer Programmer Accountant II 69.00 Assistant Inspector Telecommunications Coordinator Supervisor, Accounting Asst. GeologistlHydrogeologist Administrative Coordinator Scientist I Sen. Human Resources Analyst Assistant Designer Human Resources Administrator I Associate Engineering Tech. Benefits Administrator I Senior Drafter Associate Technical Writer Computer Drafting Senior Operator Community Relations Assistant Senior Illustrator Legal Assistant I Senior Field Service Technician Librarian III Senior Marketing Coordinator Project Coordinator II Executive Secretary I Executive Assistant I Word Processor IV Supervisor Word Processing c:\ windows\temp\conagra.doc\ 1 O/14!~9/no Attachment A Page 1 of2 ATTACHMENT A 1999 Schedule of Hourly Rates (Continued) LevelF Associate Engineer Computer Programmer/Analyst Accountant III 83.00 Associate Inspector Assoc. GeologisUHydrogeologist Administrative Supervisor Scientist II Human Resources Representative Designer Area Business Operations Mgr. I EngineerIng Technician Technical Writer Lead Drafter Legal Assistant II Computer Drafting Lead Operator Contracts Administrator Lead Illustrator Supervisor, Library Services Senior Technical Coordinator Analyst Supervisor, Office Services BusIness Development Coordinator Senior Project Coordinator Executive Secretary II Executive Assistant II Level G Engineer Computer Systems Analyst Senior Corporate Accountant 97.00 Inspector IntraneUlntemet Support Coord. Manager, Accounting Computer Application Support Coord. Administrative Manager Geologist'Hydrogeologist Area Business Operations Mgr. II Scientist III Senior Technical Writer Senior Designer Marketing Support Manager Senior Engineering Technician Supervising Drafter Computer Drafter Supervising Opert. Supervising Illustrator Graphic Designer LevelH Senior Engineer Manager, Computer Services Regional Administrative Mgr. 112.00 Sr. Construction Eng./lnspector .. Reg.. Infor. Srvs. & Suppt.. Mngr.. Area Business Operations Mgr. HI 'Senior GeologistlHydrogeologist Communications Manager Senior ScIentist Marketing Manager Principal Designer Chief Drafter Level I Principal Engineer IS Project Manager Product Manager 127.00 Principal Const. Eng./lnspector Principal GeologisUHydrogeologist Regional Bus. Devlpmt. Coord. Principal Scientist Supervising Designer Manager, Computer Drafting Level j'. . Supervising Engineer Network and Computer Support Mgr. Corporate Health and Safety Dirctr. 133.00 Supervising Scientist Marketing Communications Mgr. Supervising Geologist' Business Development Mgr. Hydrogeologist Central Proposal Group Mgr. Chief Designer LevelK Managing Engineer Manager, Information Systems Controller 146.00 Managing GeologisUHydrogeologist Managing Scientist LevelL Executive Engineer Manager, Information Services Manager, Human Resources 161.00 Chief Engineer Director, Information Technology Marketing Director Chief Scientist Chief GeologisUHydrogeolog ist Level M Executive A.Q. Effective December 26, 1998 to December 31, 1999 Note: Hourly base rate ranges are revised annually to reflect changes in actual pay rates. BROWN AND CALDWELL c:\windows\temp\conagra.doc\l 0/] 4/99(no Attachment A Page 2 of2 ( Brown and Caldwell/Client Standard Terms and Conditions I. SCOPE Brown and Caldwell (BC) agrees to perform the services described in the scope of work attached hereto which incorporates these terms and conditions. Unless modified in writing by the parties hereto, the duties of BC shall not be con- strued to exceed those services specifically set forth in the proposal. These terms and conditions and the proposal, when executed by Client) shall constltute a binding agreement on both parties (hereinafter the UAgreement"). II. COMPENSATION Client agrees to pay for the services in Article I in accordance with the compensation provisions in the proposal. Payment to Be will be made within 30 days after the date of billing. Interest on the unpaiCl balance will accrue begmning on the 31st day at the maximum interest rate permitted by law. Time-related charges will be made in accordance with the billing rate referenced in the proposal or Agreement. Direct expenses and Subcontractor services shall be billed in accordance with the proposal or compensation exhibit attached to this Agreement. Otherwise, BC's standard billing rates shall apply. III. RESPONSIBILITY STANDARD OF CARE. Be"' is emplo~ed to render a professional service only, ana any payments made by Client are compensation solely for such services rendered and recommendations made in carrying out the Work. BC shall perform the services ill accordance with generally accepted engineering practices and standaras in etfect when the services are rendered. Be does not expressly or impliedly warrant or guarantee its services. RELIANCE UPON INFORMATION PROVIDED BY OTHERS. H Be's performance of services hereunder requires BC to rely on information provided by other parties (excepting BC's subcontractors), Be shall not independentl~ verify the validity, completeness or accuracy of such information unless otherwise expressly engaged to do so in writing by Client. In performing construction management services, BC shall act as agent of Client. Be.s review or supervision of work prepared or performed by other individuals or firms employed by Client shall not relieve those individuals or firms of complete responsibility for the adequacy_ of their work. The presence of Be's personnel at a construction site, whether as on-slte representative1 resident en~ineer or construction manager, shall be for the sole purpose of determining that the work is generilly proceeding in conformance with the mtent of the project specifications and contract documents and does not constitute any form of guarantee or assurance with respect to contractor's Eerformance. BC shall have no responsibility for the contractor's means, methodS) techniques, se~uences, for safety precautions and programs incldent to the contractor's work, or for any failure of contractor to comply with laws and regulations wlicable to performmg its work. Be agrees to indenmify, defend and hold Client harmless from and against any liability to the extent arisin~ out of the negligent acts, errors or omissions of BC) its agents, employees, or representatives, in the performance of duties under the Agreement. Regardless of any other term of this Agreement, in no event shall Be be responsible or liable to the other for any incidental, consequential, or other indirect damages. v. INSURANCE BC shall maintain during the life of the Agreement the following minimum msurance: 1. Conunercial general liability insurance, including personal injury liability, blanket con- tractual liability and broad form PFoperty damage liability. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 2. Automobile bodily injury and property damage liability insurance covering~ owned) non-owned, rented, and hired cars. The com- bined single limit for bodily injury and property damage shall be not less than $1,000,000. 3. Statutory worker's compensation and employers' liability insurance as required by state law. 4. Professional liability insurance with limits of not less than $1,000,000. VI. SUBCONTRACTS Be shall be entitled, to the extent determined to be appropriate by BC, to subcontract any portion of the Work to oe performed under this Agreement. VII. ASSIGNMENT H the authorized scope of work includes construction activities or - the over$ight of construction, Be may, at its discretion ana. upon notice to Client, assign all of its contractual rights and obligations with respect to such activities or services to Brown and Caldwell Constructors, its wholly owned affiliate. If the authorized scope of work requires professional services to be performed ill a Jurisdiction in which Be renders professional services solely through a locallr registered engineering affiliate for purposes 0 compliance CL..L..TC aune 30, 1999) Page 1 of 2 ( Brown and Caldwell/Client Standard Terms and Conditions (cont) with professional licensing requirements in that jurisdiction, Be may, in its discretion, upon notice to Client, assign its contractual fIghts and obligations w~th respect to such services to such locally registered engmeering affiliate. VIII. INTEGRATION These terms and conditions and the proposal to which they are attached represent the entire understanding of Client and Be as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. The Agreement may not be modified or altered except in writing signed br both parties, provided further that any terms and conditIons in any client authorization or purchase order issued in connection or under the Agreement which are inconsistent with the Agreement are hereby superseded and shall be of no force and effect. IX. CHOICE OF LA W /JUR):SDICTION This Agreement shall be administered and interpreted under the laws of the state in which the Be office responsible for the project is located. J uriscliction of litigation ansing from the Agreement shall be in that state. x. SEVERABILITY "' If any part of the A~reement is found unenforceable under applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall be in full force and effect. XI. FORCE MAJEURE BC shall not be responsible for delays in performing the scope of services that may result from causes beJond the reasonable control or contemplation of Be. BC will take reasonable steps to mitigate the impact of any force majeure. XII. NO BENEFIT FOR THIRD PARTIES The services to be performed by BC hereunder are intended solely for the benefit of Client, and no right nor benefit is conferred on, nor anI contractual relationship intended or establishea with any person or entity not a party to this Agreement. No such person or entity shall be entitled to rely on Be's performance of Its services hereunder. XIII. WORK. PRODUCT Be and Client recognize that Be's work product submitted in performance of this Agreement is intended only for the Clientls benefit and use. Change, alteration, or reuse on another 2roject by Client shall be at Client's sole risk, and Client shall hold harmless and indemnify Be against all losses, damages, costs and expense, incluaing attorneys' fees, arising out of or related to any such unauthorizea change, alteration or reuse. XIV. SUSPENSION OF WORK. Wark under this Agreement may be suspended as follows: 1. By Client. By written notice to Be, Client may suspend an or a portion of the Work under this Agreement if unforeseen circumstances beyond Client's control make normal progress of the Work impracticable. Be shall be compensated for its reasonable eX2enses resulting from such suspension including mobilization and de-mobilization. H susp.ension is greater than 30 days, then Be shall have the right to terminate this Agreement in accordance with Article "XV, Termination of Work. 2. By Be. By written notice to Client Be may suspend the Work if Be reasonably determines that workin~ conditions at the Site (outside Bets control) are unsafe, or in violation of applicable laws, or for other circumstances not caused by Be that are interfering with the normal Frogress of the Work. Be's suspension of Wark hereunder shall be without prejudice to any other remedy of Be at law or equity. xv. TERMINATION OF WORK. This Agreement may be terminated as follows: 1. By Client (a) for its convenience on 30 days' notice to Be, or (b) for cause, if BC materiallJ breaches this Agreement through no fault of Client and BC neither cures such material breach nor makes reasonable p_rogress toward cure within 15 days after Client has given written notice of the alleged breach to Be. 2. By Be (a) for cause, if Client materially breaches this Agreement' through no fault of BC and Client neither cures such material breach nor makes reasonable progress toward cure within 15 days after Be has gIven written notice of the alleged breach to Client, or (l?) upon five days' notice if Work under this Agreement has been suspended by either Client or Be in the aggregate for more than 30 days. 3. Payment upon Termination. In the event of termination, Be shall perform such additional work as is reasonably necessary for the orderly CL..L..TC Gune 30, 1999) Page 2 of 2