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HomeMy WebLinkAboutAnnabelle Youmans CUPU. S. POSTAL SERVICE DEPT., OFFICE OR ❑ APPROVAL ROUTING SLIP ROOM NO. ❑ SIGNATURE TO: ❑ COMMENT 1 ❑ SEE ME ❑ AS REQUESTED 2 ❑ INFORMATION ❑ READ AND RETURN ❑ READ AND FILE 3 ❑ NECESSARY ACTIOP ❑INVESTIGATE 4 F-1 RECOMMENDATION ❑ PREPARE REPLY 5 FROM: =ROOMNO. REMARKS: PS Form 13 (Additional Remarks on Reverse) Dec.1970 *U.S. GOVERNMENT PRINTING OFFICE: 1975-652-620 — . �� - 198, C-+ u - --------- - - Cxd J a 11VV•l✓T� V /� �Al n�Iw�/�r � � / HUB OF TREASURE VALLEY A Good Place to Live OFFICIALSCOUNCILMEN CITY OF MERIDIAN LAWANA L NIEMANN, City Clerk GRANT P.KINGSFORD A. M. KIEBERT, Treasurer BILL BREWER RICHARD D. NICHOLS, Chief of Police 728 Meridian Street RICHARD F.ORTON, JR. BRUCE D. STUART, Water Works Supt. MERIDIAN, IDAHO RONALD R. TOLSMA JOHN O. FITZGERALD, Attorney ROGER WELKER, Fire Chief 83842 ANNETTE C. HINRICHS EARL WARD, Waste Water Supt. Phone 888-4433 Chairman zoning 8 Planning JOSEPH L. GLAISYER Mayor April 12, 1982 City of Meridian Planning and Zoning Commission Mayor and City Council Re: Conditional Use for Pre -School and Day Care Center Annabelle Youmans As of the above date thirty-five (35) signatures for the proposed use to be considered have been verified. FoIlowing-is a list of persons within the 300 ft. requirement that spoke tolthe Ciit� Clerk personally and gave their approval with the condition that'this Use be reviewed on a yearly basis: Reverend Ron Rodes, Nazarine Church Meridian Floral, Susan Smith Bud's Broiler, Barbara Keller Total persons living or owning property within 300 ft.: 40 City Record Total Approved: 38 Three fourths (75%) of those persons living or owning property within 300 feet has approved that the proposed use of a Pre -School and Day Care Center, 129 East Pine, Meridian, ID be considered. �.. ✓.� It L anatoCity C PETITION REOUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet „ from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 25 copies of all required material. 3. Three-fourths (75%) of those persons living or owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT TO _v' 'USING THE PROPERTY LOCATED AT r_ d s�,� , MERIDIAN;, FOR THE PURPOSE OF ` —� � '-�' [�.,�--tea si' - ., a✓ �_.,�,z'_ � : s� :.aur � ��- �����-��'�' .�� ���i=� � ;. ate= n I i Ly� l � ; ; // t C J j IY . V- .e A' r PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, -Telephone and Date. 2. Supply 25 copies of all required material. 4. 3. Three-fourths (75%) of those persons living or owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. A i t -;- WE THE UNDERSIGNED DO NOT OBJECT TO J' zzm � a Y SING THE PROPERTY LOCATED AT MERIDIAN FOR THE PURPOSE OF ✓L, r NAME ADDRESS PHONE �. _ 1 i r gs aw WA _Main �,�� a �C-Ie/Z a PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 25 copies of all required material. 3. Three-fourths (75%) of those persons living or owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT TO USN Y THE PROPERTY LOCATED AT MERIDIAN, F THE PURPOSE OF W-0 • W Ww - A. � WN - Wrx�) I MIIWIMM FJWA�v -- = _mi v PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 25 copies of all required material. 3. Three-fourths (75%) of those persons living or owning -property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT TO LOCATED AT USING THE PROPERTY MERIDIAN, FOR THE PURPOSE OF NAME ADDRESS PHONE DATE ME S CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT 012 NAME: 2 d 1 W o r e d �' �J J a �'??f'� Phone ADDRESS:� J GENERAL LOCATION: DESCRIPTION OF PROPO]ND CONDITIONAL USE: -� ZnNT_NG CLASSIFICATION: PLAN: A plan of the proposed site for the conditional use showing the location of ®j°0- m all bu3ldipugs, parking_ a Wadin areas, t affic access and traff'c circ lation, opens aces, an ng' re use n se vice areas, ill ies, pr "m and yard.-."` �`r" `� e°°"ap � ar � Hc) Lo� E ,� pa'-- LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION TO (3) BLOCK LOT NUMBER J P&Z Hearing 4.12.82 Council Hearing' 4.19.82 Published 3.19.82 COMMENTS PRE-SCHOOL & DAY CARE CENTER 129 E. Pine ITEM: Annabelle Youmans 1. WasteWater Treatment Plant Sup't_Earl Ward: Owner pays residential Sewer Service rate, change of use will require increase in Sewer rate. 2. ACRD, Carol Kirby, Development Services: Parcel is located at 129 E. Pine which is an existing house. Pine Ave. has an 80' right-of-way which is adequate. Pine is fully improved except the curb needs replacement and sidewalk needs repairs. The 16' alley is paved. Recommend the following requirements be established: 1. Replace those sidewalk sections which are broken and unsafe. 3. Central District Health Dept., Nancy Goodell: We can approve this proposal for Central sewage and Central water. Street runoff is not to create a mosquito breeding problem. Plans for the kitchen must be submitted to and approved by CDHD if food is to be served at the preschool and day care center. 4. Councilman Brewer: We approved this Pre -School on E. lst Street. The needs are the same at this time and I feel this proposed location would be even safer. I approve the Conditional Use Permit. 5. Fire Department: Must comply with all City Codes and Ordinances ------) April 12, 1982 Planning & Zoning: The motion carried that the Commission recommend to the City Council that Annabelle Youmans be granted a Conditional Use for a Pre -School and Day Care Center, at 129 E. Pine ------) 4.19.82 COUNCIL: The Motion was made by Kingsford and seconded by Tolsma to table the Conditional Use Permit request intil the May 3rd meeting, or earlier, so long as all interest parties are notified. t dian City Hall .8. July 6, 1981 ge a . 9 (Cont, ) `. talked to ACHD and they had no objection or problem with doing that. Our original approval of this was to bring a 10 inch line up, through and continue it on up. So, we would make provisions for that to be continued of course. The intent on this is economic I would suspect." There was review discussion concerning Meridian Business Industrical Park. (Tape on fi,7e). .-Fire Chief Welker cautioned location of fire hydrants. Smith stated there appeared to be 3 hydrants on King and 2 hydrants on E. 5th Y 'r There was no objection voiced from the Council concerning the proposed phase of development in Meridian Business and Industrial Park. y, The establishment of limiting four (4) children for child care in a "Neighborhood Child care"situation was discussed. It was the feeling of the Council that four children were a reasonable number. The. Attorney was given the go ahead with civil action against Green Acres Properties, ,Inc', (Smith's Food King) because of their failure to install a backflow prevention device on its fire prevention sprinkling system. Attorney Crookston reported that the City is still going to arbitration with DVY Construction Co. t" There being no other business to come before the Council the meeting was adjourned. t 7 }) ? er Ma 4r Jose K L. G1aisyer =` ATTEST: r. �er r� t R < 4 9 � y yk 7 r t :d 1 L -J10 1401 W. Washington St. Meridian, ID 83642 April 12, 1982 Meridian City Council c/o City Clerk Meridian City Hall 728 Meridian St. Meridian, ID 83642 Gentlemen: We would like to formally state our opinion regarding the re- quest for a Provisional Use permit for the Small World of Wisdom Pre-Schooland Day -Care Center under the direction of Mrs. Annabelle Youmans which has been placed before you for your approval. As a Professional Educator with 17 years experience in Idaho and overseas, I would like to testify to the excellent stan- dard of discipline, control, and businesslike manner in which Mrs. Youmans administers to the children attending her Center. There is not the slightest doubt that it is run to the high- est standards, on a world wide basis, of accepted preschool educational philosophy, mingled with Christian love, faith and guidance for our. children. My wife, who has had pre- vious experience in the New Zealand children dental service, selected Mrs. Youmans' Center for our children after careful scrutiny of similar facilities in our area. It is far superior to similar establishments she had encountered. We feel that the Small World of Wisdom Pre -School Day -Care Center as administered by Mrs. Youmans would be a distinct advantage to Meridian and a positive addition to our comma ty. We respectfully request that the Provisional Use permit be granted as a progressive step to the improvement of our com- munity and the neighborhood in which it will be located. Thank you. Very truly yours, 1W.v-IMW Tod N44t./ Mr. and Mrs. T. L. Nelson kk April 19, 1982 TO WHOM IT MAY CONCERN: Mrs youmans has taken care of my son Paul for the last two years. In my opinion he has benefited a great deal from her school. Mrs. Youmans is very dependable, respects others and is one of the kindest people I know. I am in sincere hopes that you grant her, her request to bring her school to down town Meridian. Kindest Regards, Tracy M. Durht.m 156 James Ct. In. 888-9126 Alqe�-,Klee- 70C 4 - N � - "? -,)— I—A S�A RK ci— CJ\ c) rzt. 'A W\ QL �r OL Cl- jt(ctJ .� Chan IjIly) , 0 C �44 12� -4nox'ltt� - 9 d- AI),aj a //,, lis'l cl�a City of Meridian Planning and Zoning Commission Mayor and City Council Re: Corgi itional Use for Pre -School and Day Care Center Ani belle Youmans As of the above d,ite thirty-five (35) signatures for the proposed use to be considered have been verified. Following is a list of persons within the 300 ft. requirement that spoke to,the City Clerk personally and gave their approval with the condition that this Use be reviewed on a yearly basis: Reverend Ron Rodes, Nazarine Church Meridian Floral, Susan Smith Bud's Broiler, Barbara Keller Total persons living or owning property within 300 ft.: 40 City Record Total Approved: 38 Three fourths (75%) of those persons living or owning property within 300 feet has approved that the proposed use of a Pre -School and Day Care Center, 129 East Pine, Meridian, ID be considered. d. a ..• L ana L. Niemann City Clerk M IUB OF TREASURE VALLEY A Good Place to Live OFFICIALS CITY OF MERIDIAN COUNCILMEN GRANT P.KINGSFORD LAWANA L. NIEMANN, City Clerk +++��� BILL BREWER A. M. KIEBERT, Treasurer 728 Meridian Street R ORTON, JR HARDD F. RICHARD D. NICHOLS, Chief of Police R . TOLSMA BRUCE D. STUART, Waterworks Supt. MERIDIAN, IDAHO JOHN O. FITZGERALD, Attorney 83842 ANNETTE C. HINRICHS ROGER WELKER, Fire Chief Chairman Zoning & Planning EARL WARD, Waste Water Supt. Phone 888-4433 JOSEPH L. GLAISYER Mayor !j 1 I April 12, 1982 City of Meridian Planning and Zoning Commission Mayor and City Council Re: Corgi itional Use for Pre -School and Day Care Center Ani belle Youmans As of the above d,ite thirty-five (35) signatures for the proposed use to be considered have been verified. Following is a list of persons within the 300 ft. requirement that spoke to,the City Clerk personally and gave their approval with the condition that this Use be reviewed on a yearly basis: Reverend Ron Rodes, Nazarine Church Meridian Floral, Susan Smith Bud's Broiler, Barbara Keller Total persons living or owning property within 300 ft.: 40 City Record Total Approved: 38 Three fourths (75%) of those persons living or owning property within 300 feet has approved that the proposed use of a Pre -School and Day Care Center, 129 East Pine, Meridian, ID be considered. d. a ..• L ana L. Niemann City Clerk M XTS: Petitioner must Pj-Y a comPrehc, r5slveDisc Of ALL residences within 300 from the proposed Conditional Use property line to include Name, Address, 'Telephone and Date. Supply 25 copies of all required material 3. Three-fourths (75%) 0� L. I those pj.2rsj,,; livin9 or owning PL�­')erty vithi, must agree to this Condic\ . 300 feet on,lU:30 Lufore the pro use will be considered. WE TcIE UNDERSIGNED DO NOT OBJECT TO' LOCATED AT USING THE PROPERTY MERIDIAN, FOR THE PURPOSE OF < HUB OF TREASURE VALLEY A Good Place to Live OFFICIALSCOUNCILMEN CITY OF MERIDIAN LAWANA L NIEMANN, City Clerk GRANT P.KINGS ORD A. M. KIEBERT, Treasurer RICHARD D. NICHOLS, Chief of Police 728 Meridian Street BILL BREWER RICHARD F. ORTON, JR. BRUCE D. STUART, Water works Supt. AN MERIDIAN, IDAHO AN,ANNETTE RONALD R. TOLSMA JOHN O. FITZGERALD, Attorney ROGER WELKER, Fire Chief C. HIRICHS NPlanning EARL WARD, Waste Water Supt. Phone 888-W3 Chairman Zoning JOSEPH L. GLAISYER Mayor NOTICE OF PUBLIC HEARING Notice is hereby given, pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that a hearing will be held before the Planning and Zoning Commission at the hour of 8:00 p.m. April 12, 1982 and before the City Council on the 19th of April 1982 at the hour of 7:30 P.M., for the purpose of granting a Conditional Use Permit to Annabelle Youmans for placing a Pre -School and Day Care Center facility at 129 East Pine Street, Meridian, Idaho. Any and all parties interested shall be heard at the above scheduled hearing. La ana L. Niemann ,ty Clerk City of Meridian, Id ho Pub: Mar:. 24,31, 1982 HUB OF TREASURE VALLEY NOTICE OF PUBLIC HEARING Notice is hereby given, pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that a hearing will be held before the Planning and Zoning Commission at the hour of 8:00 p.m. April 12, 1982 and before the City Council on the 19th of April 1982 at the hour of 7:30 P.M., for the purpose of granting a Conditional Use Permit to Annabelle Youmans for placing a Pre -School and Day Care Center facility at 129 East Pine Street, Meridian, Idaho. Any and all parties interested shall be heard at the above scheduled hearing. LaWana L. Niemann City Clerk City of Meridian, Idaho Pub: Mara 24,31, 1982 A Good Place to Live OFFICIALS F �ALAN LAWANA L. N I EMANN, City Clerk -i �i �1 ��tt g �tit�1J e�\ GRANT P. KINGSFORD A. M. KIEBERT, Treasurer RICHARD D. NICHOLS, Chief of Police 728 Meridian Street BILL BREWER RICHARD F. ORTON, JR. BRUCE D. STUART, Water Works Supt. MERIDIAN, IDAHO RONALD R. TOLSMA JOHN 0. FITZGERALD, Attorney ANNETTE C. HINRICHS ROGER WELKER, Fire Chief EARL WARD, Waste Water Supt. Phone 888-4433 Chairmen Zoning 8 Planning JOSEPH L. GLAISYER Mayor NOTICE OF PUBLIC HEARING Notice is hereby given, pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that a hearing will be held before the Planning and Zoning Commission at the hour of 8:00 p.m. April 12, 1982 and before the City Council on the 19th of April 1982 at the hour of 7:30 P.M., for the purpose of granting a Conditional Use Permit to Annabelle Youmans for placing a Pre -School and Day Care Center facility at 129 East Pine Street, Meridian, Idaho. Any and all parties interested shall be heard at the above scheduled hearing. LaWana L. Niemann City Clerk City of Meridian, Idaho Pub: Mara 24,31, 1982 NOTICE OF PUBLIC FEARING Pursaauant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian 'Planning and ,Zoning Cobmission will hold a Public Hearing in the Meridian City Hall NI. hfi ; April 1`2'th", 1982 at 8:00 P.M. k`�J� tiz Apa^i 1 190, 1982 City Council 7:30 P.M. uzWoe of the hearing is to consider a CONDITIONAL USE PERMIT submitted by a.A(lnabell:e'ourrins for the property generally described t des ; ]located at' " 199 Eat Pine .,MPIVISION �M„eri di an Townsi to BLOCK 5 LOT NUMBEk A portion of 13 & 15 ' and Lot 14 'o Operate a:Pre-School and Day Care Center in Residential Zoning J House previously Dr. Nesmith's Office 411 Then Dr. Ronald Combe �E1 t`F4�d'�? ..Vkdt 1 '�' T ' T •' Then ��F Paul Cul l i ckson P CITY,` OF -MERIDIANAPPLICI�TION FOR A CONDITIONAL USE PERMIT Treasure Valley Safety je Annabblle M. Youmans Phone 888-5186 ADDRESS: . GENZ#�1L • LOCATIOX:_ 129 E. Pine y DESCRIPTION of PROPOSED CONDITIONAL USE: a, q A • ZONXNG CLASSIFICATION: �!�.�_Resi tial r ' .A plaid of the proposed site for the conditional use showing the location of . ' all bu:ldings, parking and loading areas, traffic access and traffic circu- s,,..,. lation, open spaces, landscaping, refuse and service areas, utilities, signs: and yards. NOTICE OF PUBLIC FEARING Pursaauant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian 'Planning and ,Zoning Cobmission will hold a Public Hearing in the Meridian City Hall NI. hfi ; April 1`2'th", 1982 at 8:00 P.M. k`�J� tiz Apa^i 1 190, 1982 City Council 7:30 P.M. uzWoe of the hearing is to consider a CONDITIONAL USE PERMIT submitted by a.A(lnabell:e'ourrins for the property generally described t des ; ]located at' " 199 Eat Pine .,MPIVISION �M„eri di an Townsi to BLOCK 5 LOT NUMBEk A portion of 13 & 15 ' and Lot 14 'o Operate a:Pre-School and Day Care Center in Residential Zoning J House previously Dr. Nesmith's Office Then Dr. Ronald Combe Then Dr. Paul Cul l i ckson Treasure Valley Safety NOTICE OF PUBLIC FEARING Pursaauant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian 'Planning and ,Zoning Cobmission will hold a Public Hearing in the Meridian City Hall NI. hfi ; April 1`2'th", 1982 at 8:00 P.M. k`�J� tiz Apa^i 1 190, 1982 City Council 7:30 P.M. uzWoe of the hearing is to consider a CONDITIONAL USE PERMIT submitted by a.A(lnabell:e'ourrins for the property generally described t des ; ]located at' " 199 Eat Pine .,MPIVISION �M„eri di an Townsi to BLOCK 5 LOT NUMBEk A portion of 13 & 15 ' and Lot 14 'o Operate a:Pre-School and Day Care Center in Residential Zoning J W V) J Q Z _O Z O U O Y Ll a J Q F�— Z W C] H N LU Z HI i WI Z WI U L)� M� OIZ Q' I J O O S U N ..W Q_ LA 36 X W. 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I � I l 1. i I' '� I• � t .�I 'w �-,cn,C y?'� �:. :C O r • aY Ctil�: CENTRAL DISTRICT HEALTH DEPARTMENT 9 Review Sheet Return to: _ Boise Rezone Q/'d ��� Eagle Conditional use # Meridian Preliminary/Final/Short P t _ Kuna ACZ 1.' We have no objections to this proposal. 2. We recommend denial of this proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. We will require more data concerning soil conditions on this proposal before we can comment. 5. We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage dis- posal. 6. We can approve this proposal for individual sewage dis- posal to be located (2,4) feet above high seasonal ground water, 4 feet above solid lava layers. 7. K We can approve this proposal for: Central sewage _Interim sewage _Individual sewage and k Central water _Individual water _Community water well. 8. Plans for _Community sewage _Sewage dry lines, and Central water water must be submitted to and approved _Community by the Regional Health and Welfare Environmental Services Office. 9. Street runoff is not to create a mosquito breeding problem. 10. This department would recommend deferral until high season- al ground water can be determined it other considerations indicate approval. 11. �1 5 ,/ _ �//�� �biZ �� 7"CAYD L Re-ir'iewe by: D Ao CO fj O O O (D W LTJ 00 O 0 0 i (l (D O C- 0 'V mi:O N rr -S 7Z (D tD a' cn r 1 O (D 7. -5 iL lD LO J CU (D N m O ¢1 l< =5 'S (D La fs C) 0 m Z V) D z C7 7c m n O r�I z O —I 0 z Co � 3 � a) z m z4•-...o r 1-4 O --i z o rr z � N H J. --q "' O () 0, r+ rD Q (D N 1 1.0 0) pi N � c -F C7 rD I I C- ,I A O 0 p O rte' �� � J (D '� •�, l� � c -h V) ft 1 • j S ,� � 5 -4 rTlz C m 0- 2 - 3 n �••4 N —I A r �C c+ - g C"I-'rD =3 � O =5 � � -5 c� 'S CL .N O 0 :3 -. r+ LO. 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W N � r •Ut -O 't7 �, t w �r (A Cr •rT, � ,rw rA•,PT, i:; A plan of the proposed,site for the conditional use showing the location of :,. , all bu I ldin s g , parking and loading areas, traffic access and traffic circu- lation, open spaces, landscaping, refuse and service areas, utilities, signs: Wand yards. House previously Dr. Nesmith's Office Then Dr. Ronald Combe Then Dr. Paul Cullickson Treasure Valley Safety LEGAL NOTICE OF .PUBLIC HEARING °Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall «" on 'April 1`2t.h, 1982 at 8:00 P.M. ,.. ;.Aprils 9th 1982,: City Council 7:30 P.M. r"?T.The .,purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by ;j Abn'abelfe Ibuma'ns for the property generally described Et' ,as located at':,,129 East Pine r A portion of 13 &.15 WADIVISION Meridian Townsite BLocx 5 LOT NUMBER --and Lot i4 a`,TO Operate a:Pre-School and Day Care Center in Residential Zoning N P&Z Hearing 4.12.82 Annabelle Youmans Council Hearing 4.19.82 Published 3.19.82 COMMENTS PRE-SCHOOL & DAY CARE CENTER 129 E. Pine ITEM: 1. Wastewater Treatment Plant Sup't Earl Ward: Owner pays residential Sewer Service rate, change of use will require increase in Sewer rate. 2. ACRD, Carol Kirby, Development Services: Parcel is located at 129 E. Pine which is an existing house. Pine Ave. has an 80' right-of-way which is adequate. Pine is fully improved except the curb needs replacement and sidewalk needs repairs. The 16' alley is paved. Recommend the following requirements be established: 1. Replace those sidewalk sections which are broken and unsafe. 3. Central District Health Dept., Nancy Goodell: We can approve this proposal for Central sewage and Central water. Street runoff is not to create a mosquito breeding problem. Plans for the kitchen must be submitted to and approved by CDHD if food is to be served at the preschool and day care center. 4. Councilman Brewer: We approved this Pre-School on E. 1st Street. The needs are the same at this time and I feel this proposed location would be even safer. I approve the Conditional Use Permit. 5. Fire Department: Must comply with all City Codes and Ordinances E CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: -J.l 01 �:y f �� Phone ADDRESS: GENERAL LOCATION: DESCRIPTION OF PROPOSED CONDITIONAL USE: r ..1 ZONING CLASSIFICATION: PLAN: A plan of the proposed site for the conditional use showing the location of p�2.e all buildings, parking_ a�loadin areas, t affic access and traff'c circ -74 7 _ �yy lation, open s aces, an ng re use n se vice areas, i i ies, igns and yard. � l-r`dwC�1`�'Y a IC✓tea J Y^- � � � o u, rL .r®a.� r�, � Wimps' •�'' � ,�a�'n,� i y `�' ��r;•-�.-�ti'.,z�.ti-��,' Y.�—, �- s • r a� c' y �iL' Ci s..fry y a+Jar y L v1d LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS I3EREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _ The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at' SUBDIVISION BLOCK LOT NUMBER TO S a 4 Meridian City Hall a� QD ` �y�� r►.fJ Paqe 3. April 19, 1982 Item 4 (Cont'd) Hearing - Brooklawn Farm Estates Annexation .......... Item 5 Rule: "We are trying to put a Mobile Home Park for Adult population. We may have legal problems to resolve and by the time we are ready to Plat we will know." The Wastewater Superintendent comment was read that the City Sewer line located on Pine i:s:8 inch and 15 inch on Linder Road. Mayor Glaisyer called for comments from the Department Heads. There were none. Mayor Glaisyer: This is a Public Hearing on Brooklawn Farm Estates Annexation. Is there anyone in the Audience that wishes to make a statement, pro or con?" There was no response. "Public Hearing closed." Councilman Kingsford: "I think there is probably a need for this in Meridian. I don't have any objection to the Annexation, but will take a close look at the concept - the restrictive covenants and screening - when you come in with a development plat. New zoning was discussed regarding the new Zoning Ordinance. (Tape on file.) The Motion was made by Brewer and seconded by Orton that the Council approve the Annexation of Brooklawn Farm Estates, and to be zoned as "A" Residential, contingent upon the owner to rezone to Mobile Home Park Subdivision Ordinance. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea Hearing - Annabelle Youmans Pre -School & Day Care Center Conditional Use Permit Annabelle Youmans was present to request a Conditional Use Permit for a Pre -School and Day Care Center to be located at 129 East Pine. Annabelle Youmans: "I am proposing the acceptance of my application for',the house at 129 E. Pine, for the use of a Pre -School Day Care Center. I have stated, and will repeat that I would like to use it for children from 2 1/2 years, through Kindergarten, First and Second grades - 5 days a week, seven in the moring until six in the evening. I have a nurse that belongs at work at 7:00 A.M., so'A have an exception that she comes at 6:20 A.M., Monday through Friday. I would fence in the rear yard, the children would be in the rear, business would be conducted in the rear because there are four parking spaces back there. This house has been a business for years. I can see no problem with the traffic flow because of the parking spaces and because there would only be drop-off - pick-up and when they pay their bill. You could probably average six minutes per person, and seldom do two parents come at the same minute. They would arrive and depart from the back, the children would come in the back - my office would be in the back, the play area in the back. I would handle the house of course. My sign would be on the front door stating Lo go to the rear door. "Entrance at rear" would be printed, and any business would be conducted at the rear. By law the front door would be un locked when the children are there." Annabelle read a statement to the Council. Gentl emen: Since I feel it would be of benefit to have a cross-section study done on the occupations of the 36 parents participating presently in Small World of Wisdom, I submit the following for your record: Bookeeper - 1 Business Consultant - 1 Computer Maintenance - 1 Dental Assistant - 1 Deputy - Ada County Sheriff - 1 Detective - 2 Meridian City Hall Hearing - Annabelle Youmans Pre -School & Day Care Center Conditional Use Permit Item 5 (Cont°d) Paae 4. ril 19, 1982 Electrical Contractor - 1 Foreman - 5 Legal Word Processor - 1 Lithographer - 1 Managerial - 6 Minister - 1 Nurse - 2 Optical Technician - 1 Secretary - 4 Self -Employed - Z Student - 1 Teacher - 3 The above should substantiate the fact that my constituents are a highly acceptable group of people. Sincerely, Annabelle Youmans" "I will close with the thought that, since it has been a place of business for twenty or so years, I am asking that you continue it as my place of business. Thank -you." Mayor Glaisyer: "Annabelle, are you licensed with the State?" Annabelle: "Yes." Councilman Brewer: "I would like to backtrack on the history of Annabelle Youmans. She came before the Council about two years ago from her business in the Lutheran Church on Cherry and we gave her permission to go into business at East First Street (1403 E. 1st). She met the requirements there and conducted her',business in a very professional manner and then when she saw an opportunity to grow',in her field, moved to Blackcat Road where she made extensive renodeling efforts in the anticipation of growth. Along came the !yard times, she found she couldiinot use this to capacity and numerous complaints in regard to the mileage involved by the people having to use her. This brought about her desire to locate at this location now. L think her very reason for being in business is a professionals line of work and if professional people, or of any trade, do not have a place to house their children-iwhere they are safe and well cared for - they cannot wprk. In reading through the Planning & Zoning minutes it looks like 35 people living in that area within 300 feet have whole-heartedly agreed to her locating there. I would strongly approve that we vote as much." Councilman Kingsford: "Annabelle, you are talking about dropping down from 36 to 15 when you move in there. I lost my car in that alley, before peope can use your back door you are going to have to use the alley." Annabelle Youmans: "I have wondered how that alley would be fixed and Whose responsibility -'if I have to haul in gravel I will but, I would think -it would have to be the City or the County." Mayor Glaisyer:"The Ada County Highway District." Kingsford: "You would need to assure that is kept up. Ts the property',, still for sale? There is a sign in the front." d. Barbara Nesmith:' "It gill be taken off the market if this is approve'" 'I tem Paae 5. 5 (Cont'd) Hearing -!,Annabelle Youmans Pre -School & Day ril 19, 1982 Care Center Conditional Use Permit Kingsford: "One other thing that hasn't been enforced until the last year - six months - when property is brought back in for Conditional Use, we reassess them in terms of hookup fees. I wonder if this business venture may require an additional hookup charge. Hookup charges go to repayment of Bonds that were for construction of sewer and water facilities. The single family unit is one hookup charge and in the City Ordinance there are various hookup charges for sewer and water.1i I would say if it is a commercial venture it certainly should have an additionallhookup fee." Annabelle Youmans'~ "I suppose I had better smile and say fine. If it's',an exorbitant amount,l would object." WasteWater Supt. (Earl Ward: "I have no probelm with the change of use. In my opinion this would be a two (2) equivalent hookup with 15 students because you are going to provide meals, care for children over a 12 hour period. From the ordinance standpoint it should be assessed at a higher rate than a standard residence. When it was a doctor's office the use was much lower." Kingsford: "It should have been one hookup charge according to our ordinance." Building Inspector Schoen stated his requirements would be taken care of� Fire Chief Welkerlstated that there would be requirements for the Child Care Center and Annabelle knew what the State, City and County Codes are. Councilman Brewer questioned sewer and water billing. Annabelle stated that she had always paid commercial billing at previous location. Councilman Orton stated the sewer and water hookup fee for one additional hookup would be approximately $750.00. Annabelle stated this would probably price her out. Councilman Kingsford explained this additional fee goes for repaying thelbonds for our water and sewer facilities. The City's agreement is to charge thesel,oarticular rates for the repayment. Mayor Glaisyer informed Annabelle that she has a right to go before the board of equalization. Mayor Glaisyer: I'Public Hearing is now open for the Conditional Use Per!iit for the Pre -School Day Care Center for Annabelle Youmans." Bruce McDonald: ''' I live at 134 E. Pine in Meridian. I am little confused as to what you mean about 3/4 of the people living or owning property within 300 Feet of this Conditional Use Permit. I'm concerned about the wording." Attorney Crookston left the Council room to acquire a City Ordinance Book McDonald: "I see,no where where it mentions that there will be a maximum number of children in that Day Care Center during the day. I understand if you',wanted more children than 15, all you would have to do is put another bathroom in by State Law - and thea you can have 30 children with one more adult supervision." The Council discussed the State Law requiring so many bathrooms, exits, square footage per child McDonald: "One child per 35 square foot. There's approximately 900 square feet in'that house and,Pnnabelle's planning on living in that home also, according to the testimony last week. I am also concerned about the type of fence that is going to be put up around that area. I live across the street from, Annabelle, and I have this waterbox that sits on the corner and have more than once picked out a kid from playing in that.I'm concerned whether it would be out of wood. I would like -to have it wood, parallel to Pine, if possible, to help alleviate the noise." Meridian Citv Hall Page 6. it 19, 1982 Item 5 (Cont'd) Hearing -I Annabelle Youmans Pre -School & Day Care Center Conditional Use Permit "She (Annabelle) has .got indicated to me or anybody how much is going to'iliving -and how much is going to be for Day Care. This has not been brought up.l Mayor Glaisyer: "You mean her hours?" McDonald: "No, I'I know her hours, I mean what her living space is going to be for her and her son."' McDonald: Also,' the sign. I noticed at the one (Day Care Center) at B',lackcat, she has one "A" Frame 4x8, and another one that's 4X4. To me, that in a residential area, which we are in, I think that's a bit too much. LaWana Niemann, City Clerk: "We do have an ordinance on signs in that a'rea." McDonald: "Well,!, there isn't any mention of that in there. The biggest) thing I have now is - we ',are waiting for the Lawyer, Wayne, to decide what he means by living. The way II construed living and the way the P&Z told me last week is they are actually living in the residence or residing there. I noticed on the petition there are prople'that do not own the property and do not live there, especially in the public, for instance the downtown area, which is a part of it. For ,instance the Post Office is not owned by the United States Government, it is owned by Sally Keller." McDonald went onto discuss who the property owners of certain properties in the area actually were. (Tape on File) McDonald explained that the petition was signed by the people residing in the property and not the owners of the property. He stated several examples'. (Tape on file.) McDonald: "I feel in essence that there are some discrepancies on this.!," Councilman Orton:, You are getting into that if the lessee's of these business enterprises aren',t concerned residents - that the petition that these people handed in, is not a valid petition?" McDonald: "That'Is correct according to what I understand." Orton: "I've never ran into the status of a lessee. Has it ever come up before LaWana?" LaWana Niemann: "Noe" McDonald: "Leaveit to me to be the first one, but this is something you'll have to look at later." 11 LaWana Niemann: I"I wanted to say one thing, the petition and the signers can only be checked by the City Clerk from the City Records, and we did pass an ordinance some time ago that the owner must pay the water bill. The 35 verified signatures does correspond with the City Records. Bruce McDonald has discovered that probably .1/2 of those arelnot the legal owners of the building - but they have a 99 year lease.". McDonald: "Not all of them, just the Post Office probably." Wayne Crookston, 'City Attorney, returned to the Council Chamber after researching the ordinance. Crookston: "OuriOrdinance requires that where the Planning & Zoning Commission feels that there may be a general objection, they can make sure that notices are sent out. The Ordinance also provides that the applicant secure the approval of a least 75% of the "Interested Persons", in a radius of whatever distance the commission shall - determine. The Commission has set forth in their petition the requirements that have ta.be fulfilled, 'so they basically by means of an application form, have set forth their requirements for the Zoning to change on a Conditional Use basis, and that would be 75% persons of those persons living or owning property within 300 feet must agree to the Conditional Use before the proposed use will be considered. The form in our Ordinance has to read in light of the Land Use Planning Local Law, which requires that notice shall be provided to property owners and residents within the land being considered. So I would gather that the appropriate construction is that notices have to be sent out to all residents and owners within a radius of 300 feet. According to thelform, 75% of those persons would have to acknowledge their consent. Meridian City Hall Item 5 (Cont'd) Hearing Page 7. it 19. 1982 Annabelle Youmans Pre -School & Day.Care Center Conditional Use Permit Mayor Glaisyer: "So you're talking about that we are going to have to stare: sending everthing out Certified Mail." Kingsford: "To both owners and residents or occupants." Mayor Glaisyer: "That's is the only way we're going to know if the notice went out." Orton: "Wayne, what is the position of the lessee in that arrangement? Do they get a notice andmust they be part of the 75%?" Crookston: "I think that they do, this says as long as they are residents within the area. The State Law says to property owners and residents. In a commercial setting, I would',say you are only dealing with the owner because the lessee of a commercial property is not a resident." Orton: (To McDonald) "Then your point is well taken there." McDonald: "Yes.', May I also make note that I've checked with Ada County and they do the same thing. The only people that are put on a petition are those who own property, and they don't even put lessee's on there what -so -ever." Brewer: "I couldn't ever agree to that because once a property has been leased or rented, the owner gives up alot of right to that property. It's the people living there that obtain the right to control what goes on on that property at that time. Therefore, I think we have to consider the lessee and the renter as having control over what goes on in an instance like this. It could be our Ordinance may say elsewise - but I'think it's wrong then." There was discussion on the rights of the owner and the renter or lessee of a property. (Tape'on file.) Mayor Glaisyer: "Wayne, legally, what is your opinion that we should do with this situation?" Crookston: "I think that what should be done in this particular instance is, and should be done in all instances, is to require the petitioner for the Conditional Use Permit to supply the names of all property owners within the 300 foot radius. On either the form or whatever is to be set up as such, that he, the petitioner, either certifies, or he gets certification from the Assessor's Office that those are the property owners and also he has to obtain a list of those persons who are residents and then both of those lists are what you go from for your total consent. Notice must be sent by the petitioner to all those people both the owners and the residents and that's the 75% thay they have to fulfill." Orton: "Wayne, you mean owners of record?" Crookston: "Yes." There was discussusion again concerning the rights of the owners and of the renters or lessee's. (Tape on file.) Orton: "We sure saved ourselves alot of trouble tonight Gentlemen. We don't have to worry about Conditional Use Permit's at all anymore, particularly in complicated sections of town where there's alot of property owners." Brewer: "It's opened the Barndoor." Orton: "It will be virtually impossible to produce an acceptable petition under these circumstances in alot of cases." Mayor Glaisyer: "Well I - - Yes, Annabelle did you wish to speak?" A'nnabelle Youmans: "Yes. I was given a letter head that said "City of Meridian" and City Clerk knows that I questioned it - and it said owner or resident must sign - and LaWana will verify that - and I said "That's owner or resident Laulana?" And she said "Yes." And we got the owner or resident. So for the future I say that Mr. Crookston is probably very right, but I went on what City of Meridian letter head said, what the letter that I took to the people and they read it - that's what it said, that's the people that signed - and T brought it back and I did what she (City Clerk) said - and there it is and I think it's totally unjust to put me down for that that's for the future." Al '; Item:5 (Cont'd) Hearing - Annabelle Youmans Pre -School & Day -Care Center Conditional Use Permit.. Mayor Glaisyer: "Well I'm sorry you think it's unjust but we all here make mistakes, and we made a mistake, we found out we were not within the Law, we=ve been doing these Conditional Use Permit's for years, and this is the first time it's been brought up, and that's how we get our education here, and I'm sorry you feel that way." Annabelle Youmans: "At my expense." Mayor Glaisyer: "Well I'm sorry. The City has spent some money too. i can see no: other course Gentlemen than to - - - -" Crookston: "Joe - as for the form itself, which reads three-fourths or 75% of those living or owning property within 300 feet - it can certainly be read in disjunctive and that is to say those person living - you have those persons living there, and you have those people who are owning - so you can still read it the way I have already interpreted it." Annabelle: "But the people that signed it read it - - -" Lawana Niemann: "I have not had the opportunity to check out the actual owners. She '(Annabelle) very well may have the 75% of the owners. So I suggest maybe it might be table until` we can check out - and verify exactly. I have 38 verified signatures - by Lhe City Record - of ownership. She needed 35, now I find that there are other owners that we have no record of. She very well may have 75% of the legal owners signatures." Crookston stated that he thought the Council should extend Annabelle's.application for the Conditional Use Permit and the fees that had been paid. Mayor Glaisyer: "Does that mean that we should continue with the Public Hearing?" Crookston: "Is the Public Hearing still open?" Mayor Glaisyer: "Ys." Crookston: "You can go ahead and finish it." for any additional public comment. nnabelle's son, and quite bias. Have we determined possibly that w is going to change, or is it not going to change? I'm tion that is at hand. Have we determined that even though this n the law states that in the future now or forward is that law is it as you've said, we made a mistake, and we've all made eciate that, but is the law going to change, or is it going to ? Or is that a good question?" is a very good question. It will change." it change to what has been defined by the attorney?" S.11 s there any variance in that we can educate ourselves about?" her than the fact we have to notify both the rental and landlord, or it's questionable that we did." I have to speak on behalf.of mom, The time difficulity, I'd erate of for the moment. That she has made these plans up to g the house: that she's in and the business she is in on a time problem and I share that with you. I don't know what e has a time problem, I ask you to be considerate of that. She knowledge about what to do with the City statute that she f making and'meeting those specifications and now we find out we intended and of course different than you thought also. take that into consideration. Do we have to set a legal is case?" Mayor Glaisyer call Joe Youmans: "I'm the letter of the 1 relating to the que may be different th gong to change, or .;v that mistake, I app remain the way it i Mayor Glaisyer: " Joe Youmans:' 11W! 11 Mayor Glaisyer: "Y Joe Youmans: "And Mayor Glaisyer: "0 which we didn't do, Joe Youmans: "Well ask you to be consi and including leavi Blackcat, so we hav .';.to do about that, s also has the lack o went to the effort different than ' I wonder if we cou1 precedent just in t I for any additional public comment. nnabelle's son, and quite bias. Have we determined possibly that w is going to change, or is it not going to change? I'm tion that is at hand. Have we determined that even though this n the law states that in the future now or forward is that law is it as you've said, we made a mistake, and we've all made eciate that, but is the law going to change, or is it going to ? Or is that a good question?" is a very good question. It will change." it change to what has been defined by the attorney?" S.11 s there any variance in that we can educate ourselves about?" her than the fact we have to notify both the rental and landlord, or it's questionable that we did." I have to speak on behalf.of mom, The time difficulity, I'd erate of for the moment. That she has made these plans up to g the house: that she's in and the business she is in on a time problem and I share that with you. I don't know what e has a time problem, I ask you to be considerate of that. She knowledge about what to do with the City statute that she f making and'meeting those specifications and now we find out we intended and of course different than you thought also. take that into consideration. Do we have to set a legal is case?" Meridian City Hall Page 9. April 19, 1982 Item 5 (Cont'd) Hearing Annabelle Youmans Pre -School & Day Care Center Conditional Use Permit... Mayor Glaisyer: a are going to continue with the Public Hearing, take all the testimony tonight, and research the names that she has presented to see how.many property owners are actually on there and Wayne will do more research as far as positioning us as to what we should do. The lengthy process you are going through tonight - I see no reason that upon concurrrence of the City Attorney and the confirmation of th correct number of signatures - that we couldn't have a special meeting and make a decision." Joe Youmans: "Tha k you Sir." Councilman Kingsford: "We are not making a precedent here. If in fact we have been in violation of the law, certainly those neighbors - and certainly Mr. McDonald would be one - would have right to litigation against the City,if we knowingly violated that. We unknowingly have violated that for years, but if that is in fact the law we'd be up the creek, if we knowingly violated that. Joe Youmans questi ned if there would be a time restriction placed on the return of the certified mail (Tape on file.) He was assured by he Mayor that there would be a deadline for the return of the notices. The Mayor called for any other public comment. Kenneth Marler, Meridian Merchants Association, stated he felt the hookup charge was a fair and just charge for changing to commercial from residential. (Tape on file.) Bruce McDonald stated to the Council that there were 7 or 8 negative letters concerning the Day Care Pre -School Center from residents of the neighborhood. Mayor Glaisyer poi ted out that there are several lettersin favor of the Day Care Pre -School Center !so, and that all letters would go on the record. Mayor Glaisyer called for any additional public comment. There was none. Mayor Glaisyer: he Public Hearing is now closed." Mayor Glaisyer: ")ur decision will be based on what Wayne suggests and that the signatures are act ally Joe Youmans: "Will we be able to appear at another public meeting?" Mayor Glaisyer: es, you will be contacted." Mayor Glaisyer: "Jayne, what do you suggest?" Crookston: "I rec mmend we table it, and examine the signatures and compare them to property records that we can obtain." The City Clerk questioned who was responsible for )btaining the names of the property owners for signatures. Mayor Glaisyer: "They (The petitioner) would be responsible for going down to the Assessor's Office to get the correct information." O'iton: "That would be just generally always our policy that they (the petitioner) W ould get the owners, the records, the list of residents and they would provide that with their petition. That. -would be their responsibility - otherwise we'd we taking on a mountain of responsibility." Crookston: "I think it's standard in other municipal governments to require that the petitioner provide that information." i 3 Meridian City Hall Page 10. April 19, 1982 Item 5 (Cont°d) Hearing - Annabelle Youmans Pre -School & Day Care Center Conditional Use Permit... Bruce McDonald stated that there were other interested parties that could not be at the Public Hearing. - Mayor Glaisyer stated that the Public Hearing was closed, and there would be a decision by the council, but that anymore public input would not be accepted. (Tape on file.) The Motion was made by Kingsford and seconded by Tolsma to table the Conditional Use Permit request in the May 3rd meeting, or earlier, so long as all interested parties are notified. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea Item 6 Hearing - Pretermination Water, Sewer, Trash Delinquencies Mayor Glaisyer read the TURN OFF NOTICE to the public: "This is to inform you in writing, if you choose to, you have the right to a pre -termination hearing, at 7:30 p.m. April 19, 1982, before the Mayor and Council, to appear in person to be judged on facts and dafend the claim made by the city that your water, sewer and trash bill is deli,iquant. You may retain counsel. This service will be discontinued April 22 unless pa.ment is received in FULL." Mayor Glaisyer: "[s there anyone here tonight that wishes to appear regarding your Water Sewer orl Trash bill?" There was no response from the public. Mayor Glaisyer: "If not, they are hereby informed that they may appeal or have the decision of th,_ City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Ev--n though they appeal, the water will be shut off." The Motion was madt2 by Kingsford and seconded by Orton that the water be turned off if the bills had not been paid. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea Item 7 Ordinance 404 - Br adway Estates West Annexation Mayor Glaisyer reaJ Ordinance 404 entitled: AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS: A PART OF THE NE 1/4 OF SECTION 12., T.3N, R.1W, B.M., ADA COUNTY, IDAHO, TO THE CITY OF MERIDIAN, WHICH PROPERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. Mayor Glaisyer: "Is there anyone present that wishes Ordinance 404 read in its entirety?" There was no respo se. The Motion was mad by Kingsford and seconded by Brewer that the rules and provisions of 50-9002 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with ant that Ordinance Number 404 as read be passed and approved. Motion Carrie,: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea t 9 than Planninq & Zoninq Commission Agenda 1 (Cont'd) Brooklawn states Annexation Hearing........ Agenda 2 Rule: "Yes, when tie engineering is done we expect this." Page 2 April 12, 1982 Sharp: "This is a ublic Hearing, are there any comments from the public regarding this request for an exation?" There was no response. Sharp: "Hearing Cl sed." The Motion was madeby Mitchell & 2nd by Pipkin that the Commission recommend to the City Council th Annexation of Brooklawn Estates and zoned "A" Residential. Motion Carried$ All yea. Hearing - Annabelle Youmans Pre -School & Day Care Center Conditional Use Permit Request for 129 Eas Pine Annabelle Youmans ws present to request a Conditional Use Permit for a Pre -School and Day Care Center at 129 E. Pine. Acting Chairman, Dori Sharp: "Public Hearing is now open. Mrs. Youmans would you please comment." Annabelle Youmans: " I am requesting the use of the house that has been used as a Chiropractor's Offi e and Business at 129 E. Pine for a Pre -School and Day Care Center. The house s owned by Barbara Nesmith and I would like a lease on it for the use of Children ages 2 1/2 through some grade - I have not decided fully - at this point I am tak ng through 4th grade. I think that will have to be lowered because of the size But 2 1/2 years, fully potty trained and through whatever age I can take. Five days a week, 7:00 A.M. to 6:00 P.M. The parents, incidentally quite a few of them are here, are parents of the children that I have at this time and my Day Care is located at 630 North Blackcat Road at this time. The parents would be comming in the back to deliver and pick up their children because my office will be.in the back. The house is situated in such that this is my only desire. The office would face the back yard, the traffic would be in the back, my sign would be in the front but there would be a sign on the door saying "Please use rear door", all business would be transacted from the rear. There is a sidewalk, four (4) parking spaces, and there is sufficient "flow through" for the traffic. When my parents come from seven in the morning, with so few, like 15 to 20 parents, for an all day affair, they are stretched out to eleven hours so those that go to work at 3:00 A.M. - I do have one nurse who is due at work at 7:00 and I break my rule and take her son at 6:20 A.M. - but most all of them come beginning at 7:00 and then they just kind of come stringing along. It's seldom that two come in the door the same minute so those parents that have to be at work from 7:00 to 8:00, then come those that have to be to work at 9:00 A.M. On Monday, Wednesday, and Friday mornings, since I am a Pre -School teacher from California, I have class for those 3, 4, and 5 year olds that I graduate into Kindergarten with caps, gowns and diplomas.- quite an exciting thing - and this is my pride and joy. Around 9:00 A.M. about 6 more children come - so it's a drawn out affair. Then beginning at 4:00 P.M. to 6:00 P.M. those children are picked up - again it's not a congested thing. I forsee no problem for traffic. My plans would be to fence in the back yard, my children would not be in the front yard. This is an ideal place to do business in the rear - to have my children and my office in the back. The whole location is what I would desire to put to use as a Pre -School, Day Care combination. The Meridian children would be close to the schools. I request that I be granted a Conditional Use so I could lease the house." Page 3 Meridian Planning & Zoning Commission April 12, 1982 Shrnfs 2 (Cont'd) Hearing Conditional Use Permit Annabelle Youmans.......... Pipkin: "What is your maximum students?" Youmans: "By law you can have one (1) adult to 15 children at any one given time." Youmans explained in detail the schedule that takes place to keep within the 15 children limit. (Tape on File) Mitchell: "Then you don't hire another person to help?' Youmans: "Not for one to 15." Tom Eddy: "Does the square footage of the house tell how many children you can have?" Youmans: "35 square feet per child - I would have about 1000." Sharp: "What's the required outside square feet per child?" Youmans: :75 square feet per child." Mitchell: "This house meets all requirements?" Youmans: "It does. It meets the requirement for 15 children at any one given time." Pipkin: "Are there houses on both sides of this?" Youmans: "Yes, owned by Barbara Nesmith." Mitchell: "Are they on your list of approval?" Youmans: "Yes." Eddy: "Did the businesses on the opposite side sign approval?" Youmans: "Yes." Acting Chairman Don Sharp: "Before we open this to the public for comment, I would like to inform you that we do have signatures of 35 individuals filed here that supported this request and three additional phone-ins supporting the request which constitutes more than 75% of the persons living or owning property within 300 feet of this property in question. We also have five notes of individuals rejecting this request. Public Hearing now open for comment." ' Bruce McDonald: "I live at 134 E. Pine in Meridian. As a family, we do not want the Conditional Use Permit granted to Annabelle Youmans for the use of property located at 129 E. Pine Avenue for the application of Pre -School and whatever station is, care, and operation five days a week. She mentioned 7:00 A.M. and it was 6:00 on the application for ages 2 1/2 through 3rd grade. As you are VE aware this property is residential area, and it's still part of residential even though that particular house long ago was put on a Conditional Used Permit. As you well know the only Commercial property across the street, from the alley forward, all that property from East of Vans to the corner of Pine is all residential area - everything North of that is residential area. I feel there is many questions that have not been asked or even considered, and one of them was the application - I am a little confused - what is meant by "living" or owning�� property? Sharp: "In consultation with our Councel "living" means living, residing at that "Owning" location. means owning that piece of property. When the words "living or owning" are shown, that means that it can be either party that can sign for i that parcel of property." McDonald: "I expect that. There are facts that Idaho Power does not own Idaho t� Power but by another group, so that would negate some of those signatures on the petition. The biggest thing is though, after consulting with the former owner of r, that house, there is approximately 856 square feet in that house that can be used. The other 400 and some is the basement and can not be used because it would not meet the living code 101. Annabelle has stated that she wants to live there too and to me, with all the noise coming from 15 to 20 kids that she has suggested, I would think it would be prohibited. There is no indication on the application „y where she is going to put the fences - if it's the southwest to southeast corner of the house when it's facing on Pine, and then down the sides, or what. There's no indication of what type of material is going to be used - chain link or wood, or Pill what. This is what is concerning. Another thing is we feel such a business 04 in our neighborhood, even though I love kids, I don't particularly think it's a good place to have. For years it has: been residential, and we want to keep Page 4 Meridian Planning & Zoning Commission April 12, 1982 Agenda 2 (Cont'd) Hearing - Conditional Use Permit Annabelle Youmans.......... it residential. In my mind, once it is Conditional Use put on that property, according to the Ordinance we have now, if my understanding is correct, that once we put that in as a Day Care Center, we have to live with that Day Care Center until "Hector was a pup." Because of the fact until the day she (Youmans) decided to leave, there would automatically become another Day Care Center if Barbara was so inclined to lease to a Day Care Center. I feel this is not within keeping of the decor of our neighborhood and with the work I want to do on my own home - it actually was the first brick house built in Meridian - I'm trying to restore it to the natural state. I feel something like this would be anti -positive to our belief - and so is the belief of the individual people that have written against this. They are people that live across the street and in that area that have been there 30 to 32 years. It is the older part of Meridian, it would be the older part of Meridian, and will be there long after everything else is gone." Acting Chairman Don Sharp: "Anyone else wish to comment?" Joe Youmans: " I'm Annabelle's son - and I'm biased. The lady has a track record - and that is what she has done prior to this location. That is on Blackcat Road and also on Cherry Lane. She has been approved by the Council twice before - I think unanimously. She runs a nice tight ship - she is one of the first people in Idaho to become a licensed Pre -School as opposed to the kind of Pre -Schools that Mr. McDonald knows about. That's Pre -School's where children run in and out at random with no one being concerned about their health and welfare while their parents are gone. She has met specifically fire, health and welfare inspection standards and every time went in with unanimous agreement - the Boise Zoning Council and that was unanimous agreement there. I think he (McDonald) has a point that I can speak to, and that is how good a neighbor she can be to him with him thinking there's going to be a lot of kinds running around. I would be concerned about my neighborhood if someone moved next to me and wanted to open a "Burger King" - he has a valid point about the neighborhood in general and sheshares that concern. She wouldn't say that kind of thing but I was there and spoke with Mr. McDonald and tried to speak with the other neighbors about their concerns, and we had a good conversation. I felt he had a valid concern about the neighborhood but I don't think there is any validity at all about the concerns of the health and welfare and inspection standards - the kind of fence - my brother and I built the chain link fences to meet the standards before and we'll build 10 more if that's what it takes to meet the standards and maintain the neighborhood. So we have support from friends, relatives and parents in the last few years to help keep her school together." Mitchell questioned the fence. (Tape on file) Youmans stated it is to go across the rear corner a screening type fence - the same used now on the McDonald: "Would that be a wood fence across the Joe Youmans: "If we to do it." could build a wood fence that McDonald: "I'm trying to get rid of the help it, no gates of anything like that." Youmans: "Instead of chain link? There have to be, how wide the posts have to be a wood fence can meet those requirements for you and paint it myself if I have to. of the house and back and will be Blackcat Road location. front?" would look nice we would love noise factor - I don't know if that will are certain kinds of fences how high they how far you can see through them - if I would love to get out and build it Page 5 Meridian Planninq & Zoning Commission April 12, 1982 Agenda 2 (Cont'd) Hearing - Conditional Use Permit Annabelle Youmans.......... McDonald: "It is my understanding there has to be overhead sprinkling in that." Annabelle Youmans: "Not until you get over 50 Children: No it's 45." Sharp: "Bruce, it will not be adopted, even if it's recommended for approval here - it cannot be approved by the City Council,unless it meets the Fire Codes." Annabelle: "It all has to meet before I can -----" Sharp: "One thing you can depend on in this City is that Roger Welker (Fire Chief) is not bashful." Joe Youmans: "This is only one of four agencies that she has to meet with. She has to meet all requirements before she can even entertain the thought of moving there." There was discussion concerning all the standards that have to be met. (Tape on file) Don Westherhead: "We have a youngster in this school, and I'm sure I speak for a lot of the parents. We have had our child in numerous care centers and I can tell you right now, we are totally delighted with the way Annabelle runs her school." Weatherhead explained the training and head start received by Youmans. (Tape on file) There was discussion concerning the use of the house previously. Weatherhead stated he felt the improvements required will increase the value and stressed the fact that this was the center of town. (Tape on file) McDonald: "Why should we live in the area we have lived in for the past 32 years, have to move out to get away from this type of Day Care Center or various things we had in the past in this house? I don't think it's right - it's unconstitutional." Barbara Nesmith: "I'm the owner of the property and I wouldn't want to have anything in the property that would be a hinderance to the neighborhood. Recently I did make the mistake of renting to some people that abused the property, used all the parking space - but when I found out I had them 1:eave that property. I really feel that she will not be a hinderance to the neighborhood." T.L. Nelson: "I am a professional educatior and will speak as closely to impartial as possible regarding Annabell's ability to handle children. I have two children with this Day Care - I have taught 16 years - in Idaho and Overseas. I have experienced Day Care Centers as Mr. McDonald has experienced and understand exactly how he feels." Nelson explained his experiences with many Day Care Centers and stated he had never found a more capable woman for managing young people than Mrs. Youmans. He praised the care and stated there has never been more than one other parent at pickup time. He stated that he felt Youmans would not be a detriment to the neighborhood in any way. (Tape on File) Tony Cooper spoke in behalf of Annabelle Youmans request for a Conditional.Use Permit for a Day Care Center. "Mysentiments exactly as this gentleman" (Nelson) : Cooper explained his complete satisfaction with the care of his son, and felt she would be a "fantastic neighbor." (Tape on file) Don Woods also spoke in Youmans behalf and lauded her accomplishments with care and teaching. Woods also stressed her control of pickup and delivery of children, maintaining thecenter atthe back of her previous locations. (Tape on file) Page 6 Meridian Planning & Zoninq Commission April 12. 1 Agenda 2 (Cont'd) Hearing - Conditional Use Permit Annabelle Youmans.......... Phyllis Musgrove, 214 E. Pine, stated that Mrs. Youmans probably runs a good school but that those residents opposed are trying to keep their own residential places in order. This is why they are protesting. (Tape on file) Annabelle stated she wanted to just be a resident too, and a good neighbor. Mitchell stated a Conditional Use is not a license, and this Day Care cannot be sold to someone else. It is for that person and business only. Sharp stated a Conditional Use can be reviewed. McDonald questioned the previous businesses. Sharp requested the discussion be limited to the particular request before Public Hearing. Other incidents should be reported or records checked. (Tape on file) Sharp: "As the Planning & Zoning Commission we have to sit up here and try to do what is right. I've served with this Commission for 4 years now - we have tough decisions we have to make. One thing I would commend the Commission for is they try to do what they think is right and always attempt to be fair. Public Hearing closed." The motion was made by Pipkin and seconded by Eddy that the Commission recommend to the City Council that Annabelle Youmans be granted a Conditional Use for a Pre -School and Day Care Center, at 129 E. Pine. Motion Carried: Spencer, yea; Pipkin, yea; Eddy, yea; Mitchell, Abstain Agenda 3 ZONING & DEVELOPMENT ORDINANCE - SUBDIVISION & DEVELOPMENT ORDINANCE There was discussion concerning the review and corrections to the proposed Zoning & Development Ordinance and the Subdivison & Development Ordinance. The motion was made by Spencer and 2nd by Pipkin that the Commission present the Zoning & Development Ordinance and the Subdivision & Development Ordinance to the City Council with corrections and changes as detailed. Motion Carried: All yea Agenda COMPREHENSIVE PLAN AMMENDMENT PROCEDURE 4 Acting Chairman Don Sharp announced that there are recommendations to amend the Comprehensive Plan. ' The motion was made by Spencer and 2nd by Eddy that the Planning & Zoning set a Public Hearing for the purpose of enacting the application to amend the Comprehensive Plan of the City of Meridian to be submitted to the City Council on April 26, 1982, at 8:00 P.M. Motion Carried: All yea There being no other business to come before the Planning & Zoning Commission, the meeting was adjourned at 8:55 P.M. Chairman ATTEST: LaWana L. Niemann, City Clerk