HomeMy WebLinkAboutGarrett, Patsy (Lov'n & Huggs Day Care)CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT
NAME: Patsy Garrett PHONE (208) 888-7135
ADDRESS: 934 East 5th St., Meridian, Idaho 83642
GENERAL LOCATION: Corner of East 5th and East State ( S . E. Corner)
DESCRIPTION OF PROPOSED CONDITIONAL USE: In Home Child Care
ZONING CLASSIFICATION:
A plan of the proposed site for the conditional use showing the location of
all buildings, parking and loading areas, traffic access and traffic circu-
lation, open spaces, landscaping, refuse and service areas, utilities,
signs and yards.
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
The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by
Patsy Garrett
for the property generally described
as located at 9.34 E. 5th St., Meridian, Idaho 83642
SUBDIVISION�;�it Py, BLOCK LOT NUMBERA����d
•
CONTENTS OF CONDITIONAL USE APPLICATION
An application for a Conditional Use Permit shall be filed
with the Administrator by at least one (1) owner or lessee
of property for which such conditional use is proposed. At
a minimum, the application shall contain the following information
where applicable. (Application available from Administrator):
1. Name, address and phone number of applicant -
Patsy Garrett, 934 E. 5th St., Meridian, fdaho 83642 888-7135
2. Name, address and phone number of owner of syb7h'ect ggg�frty;888-7135
Patsy Garrett 934 E. 5th St. Meridian, Ida o
3. Legal description of property;
4. Proof of ownership of subject property;
5. Description of existing use;
Residence
6. Present use of subject propert ;
Residence and In Home Child are
7. Pro osed use of the subject property;
In Home Child Care
8. Twenty-five (25) copies of a vicinity map of a scale of
one (1) inch equals three hundred (300) feet;
9. Characteristics of subject property which make a conditional
use desirable; �'.e Morn like atmosohAre of a home,�only to be
found in a res�_�ent1aF, area,.:
10. A listing of the mailing addresses of all property owners
(from authentic tax records of Ada County) who are within
three hundred (300) feet of the external boundaries of
the land being considered, and a list of all owners within
the area being considered for a Conditional Use;
11. In Residential Zoning a petition signed by three-fourths
(3/4) or seventy-five percent (75%) of all those persons
owning property within said three hundred (300) feet approving
of the Conditional Use, and a petition signed by one hundred
percent (100%) of all landowners within the area being
considered showing their approval of the proposed Conditional
Use; Does not apply to Old Town Zoninq,Commercial or Industrial
Zoning
12,. A fee established by the Council; (See 2-422 A)(,$160.00
13. A statement that the owner grants a lien against said property
for payment of all costs incurred by the City including engineer-
ing, publication and attorney fees.
14. A statement that the proposed use does or does not violate any
subdivision covenants or restrictions or deed restrictions.
15. The property will be posted 1 week before hearing stating they
have applied for a Conditional Use Permit or Zoning. There must
be a signed affidavit that this has been done as part of the
application.
177-691-im
a/-iszs-sa
WARRA
FOR VALUE RECEIVED
DEED
WALTER L. MANRER and IDRRAIME I- MMM, husband and wife
GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto
ALVIN C. GARREIT and PATSY GARR=, husband and wife
M
GRANTEE(S), whose current address is: 934 5th Street Fast, Meridian, Idaho 83642
the following described real property in ADA County, State of Idaho,
more particularly described as follows, to wit:
North k of Lot 7 and the North k of Lot 8 in Block 1 of Off. GE HOME
ADDITION TO MERIDIAN, according to the official plat thereof, filed in
Book 1 of Plats at Page 42, records of Ada County, Idaho.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and
Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said
Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all
encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or
done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and
agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if
any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same
from all lawful claims whatsoever.
Dated: April 30, 1987
................................... ..........................
Walter L. Manker
STATE OF ... ......... County of .... �.............. as.
on this .....30th day of .. AFri.l..............................
In the year of .......... before me, the undersigned, a Notary
Public In and for said State, personally appeared
Pupilla IgAm!rfdf setd State, Personally appeared ...............
r and Lorraine I. Hanker
.,
kdoWrOr Identified tome to" the person .r... wh name
�.—;. subscribed tto�the within Instrumeit�nd
egad to T u .x.. e e a as
¢- U9
x:
WVn.11r..' Nape: Stle?D. Dunham
.. .................
Residing at: ..Boise, Idaho.
My commission expires: 5-10-92.............
...............
Lorraine I. Manker
STATE OF IDAHO, COUNTY OF 69.6t:A-
I hereby Certify that this 401—"" f filed for record at
the request of Bo18C
Title & Escrow
at 6-0 minutes past o'clock A m.,
this �z7Ci day of ay"4?
19 f, In my office, and duly recorded In Book
of Deeds at page
JOHN BASTIDA
........................................
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-OHelorder.....................
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10. A listing of the
mailing
addressess of all property owners
(from authentic tax
records
of Ada County)
who are within
three hundred (300)
feet of
the external
boundaries of the
land being considerer,
and a
list of all
owners within the
area being considered
for a
Conditional
Use:
Block
Parcel
R157800
Name and address
1
4
0015
David Kettles
520 E. Pine
Meridian, Id. 83642
1
4 & 5
0020
Ennis Lucian Abram
514 E. Pine
Meridian, Id 83642
1
6
0025
Bill & Oma Gardner
1029 E. 5th
Meridian, Id 83642
1
7 & 8
0035
Trakel, Terry & Patricia
928 E. 5th
Meridian, Id 83642
1
7 & 8
0040
Alvin & patsy Garrett
924 E. 5th
Meridian, Id 83642
1
9 & 10
0045
Lora Petty
c/o Robert Hendry
532 E. State
Meridian, Id. 83642
1
10 % 11 0055
George R. Streliner
P.O. Box 544
Meridian, Id. 83642
1
12
0065
Marjorie Jacobson
535 E. State
Meridian, Id. 83642
2
1
0070
James F. GGrandne &
Hope L. Kuhen
436 E. Pine
Mearidian Id. 83642
2
2
0075
Dougla P. Freeburg
Buyer - Scott & Gayle Suddith
432 E'. Pine
Meridian Id. 83642
2 3 0080 Douglas Freeburg
424 E. Pine,
Meridian, Id. 83642
Page 2 of 10
Block
2
2
7`
7
N
W
0
Parcel
R157800
Name And Address
9 & 10
0115
Vera M. Scott
421 E. State
Meridian, Id.' 83642
11 & 12
0125
Ben Harwell
435 E.! -State
Meridian, Id. 83642
1 & 2
0365
Bill & Oma Gardner
1029 E. 5th
Meridian,,Id. 83642
2
0370
Alliance Mortgage
P.O.. Box 2309
Jacksonville, Florida
3
0375
Jerald K. & Cheri Halloway
9060 W.`Aquaries
Boise-, Id. 83709
2-3-4
0445
Lon & Sandra K. Braden
524 E State
Meridian, Id. 83642
5
0455
Dorothy,G. Rice
524 E State
Meridian,.Id. 83642
6
0460
John R. & Blanch Tromburg
& Donald 0. Drenzell
3040 Duane
Boise, Id. 83705
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 20 copies of all required materials.
3. Three-fourths (75%) of those persons 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�,�1�� god USING THE PROPERTY
LOCATED AT �� c _ ,5�/� , MERIDIAN, FOR THE PURPOSE OF XTP
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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 20 copies of all required materials.
3. Three-fourths (75%) of those persons 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 �n n� %-�;,�„ USING THE PROPERTY
LOCATED AT , MERIDIAN, FOR THE PURPOSE OF
NAME
ADDRESS
PHONE
DATE
Sk
44"
2 _ Z
�d'
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13. L, Patsy Garrett, do grant'a lien against said property
for payment of all costs incurred by the city including
engineering, publication, and attorney fees for the purpose
of a Conditional Use,Permit.
Patsy Gairett
14. The proposed use does not violate any subdivision covenants,
or restrictions, or deed restrictions.
d M,MwWr
Patsy Ga�rett'
.15. I, Patsy Garrett, have posted, on said property, stating
I have applied for a Conditional Use Permit.
Patsy G rrett
�a
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 the City Council
of the City of Meridian will hold a public hearing at the Meridian
City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of
7:30 o'clock p.m. on June 6, 1989, for the purpose of reviewing and
considering the Application of Patsy Garrett doing business as LUV'N
HUGS CHILD CARE for a conditional use permit for the operation of
a day care facility, 6-12 children, at 934 E. 5th Street, Meridian,
Idaho; a more particular description of the above property is on
file in the City Clerk's office and is available for inspection during
regular business hours.
A copy of the full text of the Application is available at City
Hall, 33 East Idaho Street, Meridian, Idaho.
Any and all interested persons shall be heard at said public
hearing and the public is welcome and invited to submit testimony.
DATED this/ ±h day of &q, 1989.
•
MERIDIAN CITY COUNCIL
JUNE 6, 1989
Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford
at 7:30 p.m.:
Members Present: Ron Tolsma, Bert Myers, Bob Giesler, Walt Morrow, Grant Kingsford:
Others Present: Terry Smith, Wilma Blair, Steven P. Cady, Kevin Robertson, Bill Gordon,
K. Beumeler, Kenneth Eck, Sharon Olsen, Gary Smith, Paul Stutzman, Patsy Garrett, Trudy
Hadley, Moe Alidjani, Skip Voss, Ray Campbell, Carla Miller, Gene Kindred,Liz Bolts,
Jack Niemann:
The Motion was made by Myers and seconded by Tolsma to approve the Minutes of the
previous meeting held May 16, 1989 as written:
Motion Carried: All Yea:
Mayor Kingsford read a. Proclamation declaring June 17, 1989 as "Paint The Town Day".
Item _#1: Public Hearing: _Application for Conditional Use Permit by Patsy Garrett for
Care: At this time -I will_ open the-public_hearing, is there anyone frdO he public
who wishes -to -offer -testimony -on the Conditional Use Permit for Patsy Garrett? There
was no response._ Public Hearing is closed. Council Members you have the Findings of
Fact & Conclusions prepared for the Planning & Zoning Commission.
Myers made a motion and Tolsma seconded it to approve of the Findings of Facts &
Conclusions of Law as prepared for the Planning & Zoning Commission.
Roll Call Vote: Morrow - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea:
Motion Carried: All Yea:
Kingsford: We now need to approve the Coniditonal Use Permit.
Myers made a motion to approve the Conditional Use Permit.
Tolsma: I have a question on this. The basement area has been converted to a play area
for children, Mr. Fire Marshal was the basement approved.
Voss: Not at the time we did our inspection, we did not -know it would be part of the
Day Care.
Tolsma: Does it require two entrances and two exits?
Voss: I am not sure at this time under the new law where basements are covered under
the new State Law for Day Care Centers.
Kingsford: Is Patsy here? Could you address that issue.
Garrett: I don't have a Day Care in my basement. I don't use the basement at all.
Myers: I withdraw the motion I had previously made.
Morrow: I would move that we strike Item #10 from the Findings, Myers seconded.
MERIDIAN CITY COUNCIL
JUNE 6, 1989
PAGE #2
Motion Carried: All Yea:
Myers made a Motion and Tolsma seconded it to approve the Condition Use Permit for
Pat-sy-Garrett for Day Care.
Motion Carried: All Yea:
Item #2: Public Hearing: Application for Conditional Use Permit by Trudy Hadley for
Day Care: At this time I will open the Public Hearing for testimony on that issue,
is there anyone from the public who wishes to offer testimony? Would you please
come forward and state your name and be sworn.
Carla Miller, 652 West Idaho, was sworn by City Attorney.
Miller: It is really hard now days to find a good sitter you can trust to have
you kids eight hours a day. Trudy is very responsible.
Kingsford: Anyone else from the public that wishes to offer testimony on this issue.
There was no response. I will now close the Public Hearing. Council members you've
have the Findings of Facts and Conclusions as prepared by Planning & Zoning.
Giesler: I would like to ask Wayne regarding the swimming pool, in the Findings it does
have a release of the City from any liability. With this in fact we would never have
any problems.
Crookston: There is always exposure to the City, but the waiver helps it.
Hadley: The swimming pool is for sale. It's not near as important to me as my kids.
It is for sale.
Myers made a motion and Tolsma seconded it to approve the Findings of Facts and
Conclusions of Law as prepared for the Planning & Zoning Commission.
Roll Call Vote: Morrow - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea;
Motion Carried: All Yea:
Morrow made a motion and Myers seconded -it to approve the Conditional Use Permit
for Trudy Hadley for Day Care.
Motion Carried: All Yea:
Item #3: Public Hearing: Variance Request by Kenneth Eck on Fence: At this time I
will open the Public Hearing on that issue. Is there anyone from the Public who
wishes to offer testimony on this issue. There was no response. At this time I will
close the Public Hearing. Any questions of the Council?
Giesler: Have you had an opportunity to review this request at this location, Bill?
Chief Gordon: Yes I have, the Sergeant took me out this afternoon and explained the
situation. The City Engineer has been out there and I think the two of them have come
up with a solution to allow enough room for visibility. The street department has
placed a yield sign on the one intersection, the speed and the yield sign and the
visibility what we all have come up with has allowed enough room where it is a safe
condition.
0
MERIDIAN PLANNING & ZONING
MAY 9, 1989
Regular Meeting of the Meridian Planning & Zoning Commission called to order by
Chairman Jim Johnson at 7:30 p.m.:
Members Present: Moe Alidjani, Jim Johnson, Jim Shearer, Tim Hepper:
Members Absent: Charles Rountree:
Others Present: Trudy Hadley, Alvin Garrett,:
The motion was made by Alidjani and seconded by Hepper to approve the Minutes of the
previous Meeting held April 11, 1989 as written:
Motion Carried: All Yea:
Item #1: Findings of Fact and Conclusions on application for Conditional Use Permit
for Patsy Garrett:
Chairman Johnson: Are there any questions? There was no response, if we accept these
conclusions then I would entertain a motion to approve them.
The Motion was made by Alidjani and seconded by Shearer that the Meridian Planning and
Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Shearer - Yea; Alidjani - Yea:
The Motion was made by Shearer and seconded by Alidjani that the Meridian Planning and
Zoning Commission hereby recommends to the City Council of the City of Meridian that they
approve the Conditional Use Permit requested by the Applicant for the property described
in the application with the conditions set forth in the Findings of Fact and Conclusions
of Law and that the property be required to meet the water and sewer requirements, the
fire and life safety codes, and the Uniform Building Code, and other Ordinances of the
City of Meridian.
Motion Carried: All Yea:
Item #Z: Findings of Fact and Conclusions on application for Conditional Use Permit
for Trudy Hadley:
Chairman Johnson: Are there any questions? There was no response. For the record this
is the application that had to have her covenants changed and she has done that.
The Motion was made by Hepper and seconded by Alidjani that the Meridian Planning and
Zoning Commission hereby adopts and approves these Findings and Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Shearer - Yea; Alidjani - Yea:
The Motion was made by Alidjani and seconded by Shearer that the Meridian Planning and
Zoning Commission hereby recommends to the City Council of the City of Meridian that they
approve the Conditional Use Permit requested by the Applicant for the property described
in the application with the conditions set forth in the Findings of Fact and Conclusions
of Law and that the property be required to meet the water and sewer requirements, the
fire and safety codes, and the Uniform Building Code, and other Ordinances of the City of
Meridian.
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83818
Itaphone 8881481
E
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
PATSY GARRETT
CONDITIONAL USE PERMIT
934 E. 5TH STREET
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
April 11, 1989, at the hour of 7:30 o'clock p.m., the Petitioner
appearing in person, the Planning and Zoning Commission of the
City of Meridian having duly considered the evidence and the
matter, makes the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional
Use Permit was published for two (2) consecutive weeks prior to
the said public hearing scheduled for April 11, 1989, the first
publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the April 11,
1989, hearing; that the public will be given full opportunity to
express comments and submit evidence; and that copies of all
notices were made available to newspaper, radio and television
stations;
0 o
2. That this property is located within the City of
Meridian and is owned by Petitioner and is described in the
application which description is incorporated herein.
3. That the property is zoned R-8 Residential, which
requires a conditional use permit for the operation of a day
care center, caring for less than 13 children, which is the use
the application requests; that such use requires a conditional
use permit in any zone where allowed.
4. That the R-8 District is described in the Zoning
Ordinance, 11-2-408 B. 2 as follows:
(R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT:
The purpose of the (R-8) District is to
permit the establishment of single and two
(2) family dwellings at a density not
exceeding eight (8) dwelling units pre acre.
This district delineates those areas where
such development has or is likely to occur
in accord with the Comprehensive Plan of the
City and is also designed to permit the
conversion of large homes into two (2)
family dwellings in well-established
neighborhoods of comparable land use.
Connection to the Municipal Water and Sewer
systems of the City of Meridian is required.
5. That the day care use proposed by Applicant is an
allowed conditional use in the R-8 district if it does not
violate subdivision covenants or deed restrictions.
6. That the other property in the area is used
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
)Iaphone 888-4481
residentially.
7. That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission
have been given and followed.
8. That the subject property is presently used as a
residence and a day care, but without approval.
9. Traffic will not be a problem.
10. The basement area has been converted for uses as a
play area for the children being cared for. There is also a
separate area within the house that can be used for the children
when they are napping.
11. That sewer and water is already connected to the
property, but the use may require additional charges or fees.
12. The subdivision in which the property is located has
covenants and restrictions which allow only residential uses;
that the operation of a day care center is a commercial use;
that Petitioner has obtained an amendment to the covenants and
restrictions to allow the operation of a day care center caring
for not more than twelve (12) children on the subject property.
13. That the applicant has obtained the required 75% of
the signatures of owners of lots within 300 feet of the subject
property showing approval of the application.
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
alephone 68841481
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property; including obtaining the consent of 75% of the owners
of property within 300 feet of the external boundaries of the
Applicant's property.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant
to 11-2-418 of the Revised and Compiled Ordinances of the City
of Meridian; and
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the
property pursuant to 67=65121 Idaho Code, and pursuant to 11-2-
418(D) of the Revised and Compiled Ordinances of the City of
Meridian, Idaho;
4. That 11-2-418(C) of the Revised and Compiled
Ordinances of the City of Meridian sets forth the standards
under which the Planning and Zoning Commission and the City
Council shall review applications for Conditional Use Permits;
that upon.a review of those requirements and a review of the
AMBROSE,
FITZGERALD
8 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Marldlan, Idaho
83842
elephons 8884481
facts presented and the conditions of the area, the Planning and
Zoning Commission preliminarily concludes as follows:
a. The use, would in fact, constitute a
conditional use and a conditional use permit
would be required by ordinance.
b. The use would be harmonious with and in
accordance with the Comprehensive Plan but
the Zoning Ordinance requires a conditional
use permit to allow the use.
C. The use apparently would be designed
and constructed, to be harmonious in
appearance with the intended character -of
the general vicinity.
d. That the use would not be hazardous nor
should it be disturbing to existing or
future neighboring uses.
e. The property has sewer and water
service available.
f. The use would not create excessive
additional requirements at public cost for
public facilities and services and the use
would not be detrimental to the economic
welfare of the community.
g. The use would not involve a use,
activity, process, material, equipment or
conditions of operation that would be
detrimental to person, property or the
general welfare by reason of excessive
production of traffic or noise.
h. That sufficient parking for the
property and the proposed use will be
required.
i. The development and uses will not
result in the destruction, loss or damage of
a natural or scenic feature of major
importance.
AMBROSE,
FITZGERALD
6 CROOKSTON
Attomeys and
Counselor.
P.O. Box 427
Merldlan, Idaho
83842
elephoM 888.4481
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER VOTED
COMMISSIONER ROUNTREE VOTED
COMMISSIONER SHEARER VOTED
COMMISSIONER ALIDJANI VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby
recommends to the City Council of the City of Meridian that they
approve the Conditional Use Permit requested by the Applicant
for the property described in the application with the
conditions set forth in the Findings of Fact and Conclusions of
Law and that the property be required to meet the water and
sewer requirements, the fire and life safety codes, and the
Uniform Building Code, and other Ordinances of the City of
Meridian.
MOTION:
APPROVED:
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan. Idaho
itephom 888-44181
DISAPPROVED:
MERIDIAN PLANNING & ZONING
APRIL 11, 1989
Regular Meeting of the Meridian Planning & Zoning CatmisSlon called to order by Chairnnan
Johnson at 7:30 p.m.:
Members Present: Noe Alidjani, Charles Rountree, Tim Hepper:
Members Absent: Jim Shearer:
Others Present: Patsy Garrett, Debi Cavanaugh, Eva Golightly, Trudy Hadley, Wayne Crookston,
Cheri Murray, Louise Carter, Carla Millers Walter Nichols, Connie Declouse.
The Motion was made by Alidjani and seconded by Rountree to approve the Minutes of the
previous meeting held March 14, 1989 as written:
Motion Carried: All Yea:
Item #1: Findings of Fact and Conclusions on Conditional Use Permit for Day Care for
Debi Cavanaugh:
Chariman Johnson: Any questions or comments from the Members, if not I would entertain a
Notion .
The Motion was made by Rountree and seconded by Alidjani that the Meridian Planning and.
Zoning Commission herby adopts and approves the Findings of Fact & Conclusions as prepared.
Motion Carried: Roll Call Vote: Hepper, Yea: Rountree, Yea: Alidjani, Yea: Johnson, Yea:
The Notion was made by Hepper & seconded by Rountree that the Meridian Planning & Zoning
Cram -cession hereby rinds to the City Council that they approve the Conditional Use
Permit requested by the Applicant for the property described in the application with the
conditions set forth in the Findings of Fact and Conclusions of Law and that the property
be required to meet the water & sewer requirements, the fire & life safety codes, and the
Uniform Building Code and other ordinances of the City of Meridian:
Notion Carried: All Yea:
Item #2: Public Hearing: Conditional Use Permit for Patsy Garrett for Day Care:
Chairman Johnson: Is there a representative for this request present, would they please
came forward and be sworn:
Patsy Garrett, 934 East 5th Street, Garrett was sworn by the City Attorney:
Garrett: I have a day care in my home at 934 East 5th Street, I care for up to twelve
children, I feel like a day care hame is where young children are trained and get the
necessary care the need, I do not have any ccoplaints frcm my neighbors:
Alidjani: Have you looked over the cmu ents that were received and do you have any
problems with those?
Garrett: Yes, I have, I think my parking is adequate, I have scone question on the water,
I did not understand what the average was.
•
MERIDIAN P & Z
APRIL 11, 1989
PAGE # 2
•
Alidjani: Let me go a little further, if we approve this it would be with these conditions
that are stated on the comments, that is why I am asking if you have a problem with these
conditions:
Garrett: I guess I was waiting for you to make a decision and then I would make a decision:
Alidjani: We generally make the comments that are submitted part of the conditions of
the approval:
I
Garrett: I guess I have some other options that I would like to look at if these are what
the Commission is considering, possibily moving my day care, I understood those to be
comments, not necessarily requirements.
Johnson: Those are comments, they are comments in the text of following the Ordinances of
the City. What they said about parking is out of the Ordinance, what was said about useage
was for camparision for us to see, since you are running the day care now whether your use
of water is in excess of what the average home would be.Frankly they are fairly close in
my opinion, you are not like double.
Garrett: As far as the water useage I would go along with anything you did on that. The
other question I had is in regards to ACHD comments as far as the drainage and the street,
putting up funds for construction, then I guess I would like to take another look at
doing this:
Johnson: As far as the parking it does not sound to me that you would have any trouble
meeting what the comments say is necessary:
Rountree: We would like to hear your reaction to the ACHD comments:
Garrett: It say the developer make appropriate financial committment to the District,
I guess I would have to know what they are asking for again there are other options I
could take.
Johnson: That is a recommendation, quite frankly that is almost a boiler plate recommend-
ation that they put in on all these requests. In this area they have drainage problems
and anything that happens in this area they try to get a commi.ttment toward financing
that in the future When they have to take care of that problem.
Hopper: Are there any restrictive covenants in that area?
Garrett: No, we are in the old part of town.
Johnson: Do covenants actually exist?
Garrett: No, I do not think so, we have never seen then.
Johnson; Wiat is the age of the hone?
Garrett: Forty years:
Alidjani: What I would like to clarify with you is that if this is approved they might
change your rate for your water & sewer?
Garrett: Yes:
Hepper: Do the children basically go and comae at the same time?
• •
MERIDIAN P & Z
APRIL 11, 1989
PAGE # 3
Garrett: I have seven sets of parents, the first arrive at 6:15, I have two that came
about the same time at 7:15, one canes at 8:10 so they are not all there at one time.
Hepper: Then you do not have six or eight cars arriving at the same time and then the
same thing at the end of the day.
Garrett: Yes, they start at about 3:30 picking up the children until 6:10:
Johnson: What are the age of your children:
Garrett: I have three two year olds and they go up to six year olds:
Johnson: I will now open the Public Hearing, is there anyone else fraan the audience who
wishes to offer testimony on this request? There was no response, the Public Hearing was
closed:
The Notion was made by Rountree and seconded by Hepper to have the City Attorney prepare
Findings of Fact and Conclusions on this request.
Notion Carried: All Yea:
The Notion was made by Rountree and seconded by Hopper that the Findings show a
recamtiendation of approval by the City Council of this application for a Conditional
Use Pemit:
Notion Carried: All Yea:
Item #2: Public Hearing: Conditional Use Permit for Trudy Hadley for Day Care:
Chairman Johnson: Is Trudy Hadley present, would you please come forward and be
sworn:
Trudy Hadley, 225 Cherry Ave., Hadley was sworn by the attorney:
Hadley: I have tended children for most of thirty years and I have been in this
area in this house for a little over 9 years. I have never had any complaints from
my neighbors.. I have never had any problems. I want to continue to do day care in
my home and I want to do it legally.
Johnson: Are there any questions or comments from the Commission.
Rountree: There has been some concern expressed about the potential problem for
safety with the swimming pool in the back yard.
Hadley: My day care children rarely go into the back yard. There is never a child
allowed in my back yard without myself or my daughter with them. It has a removable
ladder so that we remove it when we are doner it is covered with a heavy visqueen
and then I have C -clamps all the way around it so that a child cannot get into it.
Johnson: What are the ages of the children that you take care of.
Hadley: I have one that is 4 months, some two year olds and a. school girl
that comes every other week. There is twelve children, but usually there is not
more than 9 at a time because some of those are part time.
Johnson: Do you have help assistance?
Hadley: I don't have hired help, but when my daughter comes hone from school she
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CONDITIONAL USE PERMIT DAY CARE
PATSY GARRE`IT
934 EAST 5th STREET
COMMENTS
1: Ada County Highway District: See Attached:
2: Central District Health: Facility must meet requirements of Idaho Day Care regulations:
3: City Engineer:See Attached:
4; Sewer Department: Rate might need to be reviewed:
5: Public Hearing held before P & Z on April 11, 1989; Finding to be prepared:
6: Findings of Fact & Conclusions approved by P & Z on May 9, 1989, P & Z
recommended this application be approved by the City Council:
7: Copy of P & Z Findings attached:
ADA CDU Y HIGHWA"PDISTRICT
318 EAST 37TH STREET
BOISE, IDAHO 83714
Inter -Department
Correspondence
To: Ada County Highway District Commission
Date: March 21, 1989
From: Development Services
Subject: MERIDIAN CU - 934 EAST 5TH DAY CARE
FACTS & FINDINGS:
1. Patsy Garrett requests a Conditional Use Permit to operate a (6-12
children) day care center at her residence.
2. East 5th Street has 80 -feet of right-of-way (which is adequate), and is
improved with 21 -feet of paving.
3. State Avenue has 80 -feet of right-of-way (which is adequate), and is
improved with 48 -feet of paving.
4. The District has numerous drainage problems in this area which may be
compounded by piecemeal construction of street improvements; therefore,
staff recommends that the developer make an appropriate financial com-
mitment to the District for the future street improvements.
SITE SPECIFIC REQUIREMENTS:
1. Provide appropriate financial commitment to the District for the future
I
mprovement of East 5th & State.
STANDARD REQUIREMENTS:
1. Any work within ACRD right-of-way requires a permit. For information
regarding the requirements to obtain a permit, please contact Quality
Control at 345-7667. CU, DR, or PDC file number required.
POLICY IMPLICATIONS:
1. Requirements are made to Meridian Planning & Zoning as condition for
compliance.
SIGNATURE OF STAFF SUBMITTING:
John R. Stolley, P.E.
MERD.CU/ZTR.MRH
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4PENTRAL DISTRICT HEALTH DEPARTMENT
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
Boise, Idaho 83706
REVIEW SHEET
Return to:
Boise
_ Rezone # Eagle
Conditional Use '9 PcJsVG aw D B A Lo X
f Meridian
Preliminary/Final/Short Plat 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 disposal.
6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above
solid lava layers.
7. We can approve this proposal for:
Central sewage Interim sewage Individual sewage _ Community sewage system
and 2LCentral water Individual water _ Com<mity water well.
8. Plans for Central sewage Community sewage system Sewage dry lines, and
XCentral water _Community water must be submitted to and approved by the Regional
Health and Welfare Environmental Services Field Office.
9. Street runoff is not to create a mosquito breeding problem.
10. _ This department would recommend deferral until high seasonal ground water can be determined
if other considerations indicate approval.
11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet
Idaho State Sewage Regulations.
12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage
establishment)(swimming pools or spas)(grocerly store).
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JACK NIEMANN, Cl Clea'
JANICE QASS, Trea rer )
BRUCE D. STUART, orks Supt.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste Water Supt.
KENNY BOWERS, Fire Chief
ROY PORTER, Police Chief
GARY SMITH, City Engineer
March 27, 1989
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
Patsy Garrett
934 East 5th
Meridian, Idaho 83642
Dear Patsy,
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone 888-4433
GRANT P. KINGSFORD
Mayor
Attached is a copy of The Notice of Hearing pertaining to your
application for a Conditional Use Permit for a 6-12 child day care
facility. It will be necessary to post a copy of this notice on
the property at least seven days prior to the scheduled hearing
and then forward or bring to the hearing a certification it was
done.
If you have any questions, feel free to call me at City Hall -
888-4433.
Sincerely,
COUNCILMEN
BILL BREWER
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERTGIESLER
WALT MORROW
Chairman Zoning d Planning
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridien, Idaho
83842
Telephone 8884481
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 the
Planning and Zoning Commission of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 7:30 o'clock p.m. on &px-x-1.1,
1989, for the purpose of reviewing and considering the
Application of Patsy Garrett doing business as LUV'N HUGS CHILD
CARE for a conditional use permit for the operation of a day care
facility, 6-12 children, at 934 E. 5th Street, Meridian, Idaho; a
more particular description of the above property is on file in
the City Clerk's office and is available for inspection during
regular business hours.
A copy of the full text of the Appl-ication is available at
City Hall, 33 East Idaho Street, Meridian, Idaho.
Any and all interested persons shall be heard at said public
hearing and the public is welcome and invited to submit
testimony.
DATED this ' day of 1989.
�;/Jack Nie nn, City Clerk
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TO ALL ADJOINING RESIDENTS:
Attached is a corrected map for the location of the proposed Day
Care Facility for Patsy Garrett. Please disregard the map you
received before.
COUNCILMEN
BILL BREWER
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
WALT MORROW
Chairman Zoning & Planning
VALLEY 40
IUB OF TREASURE
A Good Place to Live
OFFICIALS
JACK NICEGAA ,Trea Treasurer
1 '
k t .ry
STUART,Treasurer
BRUCE D. STUWater Works Supt.
BRUCE D.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste Water Supt.
33 EAST IDAHO
*""
MERIDL N, IDAHO 83642
GARY SMITH, City Engineer
S
ki
Mayor
��yy
F,
TO ALL ADJOINING RESIDENTS:
Attached is a corrected map for the location of the proposed Day
Care Facility for Patsy Garrett. Please disregard the map you
received before.
COUNCILMEN
BILL BREWER
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
WALT MORROW
Chairman Zoning & Planning
VALLEY 40
IUB OF TREASURE
A Good Place to Live
OFFICIALS
JACK NICEGAA ,Trea Treasurer
CITY OF MERIDIAN
STUART,Treasurer
BRUCE D. STUWater Works Supt.
BRUCE D.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste Water Supt.
33 EAST IDAHO
KENNY BOWERS, Fire
ROY PORTER, Police Ch elft
MERIDL N, IDAHO 83642
GARY SMITH, City Engineer
Phone 888-4433
GRANT P. KINGSFORD
Mayor
TO ALL ADJOINING RESIDENTS:
Attached is a corrected map for the location of the proposed Day
Care Facility for Patsy Garrett. Please disregard the map you
received before.
COUNCILMEN
BILL BREWER
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
WALT MORROW
Chairman Zoning & Planning
• t
10. A listing of the mailing addressess of all property owners
(from authentic tax records of Ada County) who are within
three hundred (300) feet of the external boundaries of the
land being considerer, and a list of all owners within the
area being considered for a Conditional Use:
Block Parcel R157800 ame and address
1 4 001 David Kettles
520 E. Pine
Meridian, Id. 83642
1
4 & 5
002
Ennis Lucian Abram
514 E. Pine
Meridian, Id 83642
1
6
x0025
Bill & Oma Gardner
1029 E. 5th
Meridian, Id 83642
1
7 & 8
-0035
Trakel, Terry & Patricia
928 E. 5th
Meridian, Id 83642
1
7 & 8
0040
Alvin & patsy Garrett
924 E. 5th
Meridian, Id 83642
1
9 & 10
6045
Lora Petty
c/o Robert Hendry
532 E. State
Meridian, Id. 83642
1
10 % 11
4055
George R. Streliner
P.O. Box 544
Meridian, Id. 83642
1
12
X.10
'0065
Marjorie Jacobson
535 E. State
Meridian, Id. 83642
2
1
4070
James F. GGrandne &
Hope L. Kuhen
436 E. Pine
Mearidian Id. 83642
2
2
075
Dougla P. Freeburg
-4Buyer -,Scott & Gayle Suddith
432 E. Pine
Meridian Id. 83642
2
3
0080
Douglas Freeburg
424 E. Pine.
Meridian, Id. 83642
Page 2 of 10
Block
Parcel
R157800
Name And Address
2
9 & 10
Vera M. Scott
421 E. State
-'Meridian, Id. 83642
2
11 & 12
q
Ben Harwell
435 E. State
Meridian, Id. 83642
5
7
1 & 2
►'03
Bill & Oma Gardner
1029 E. 5th
Meridian,_Id. 83642
7
2
\070
Alliance Mortgage
P.O. Box 2309
Jacksonville, Florida,3�-�,a
7
3
,&n5
Jerald K. & Cheri Halloway
9060 W. Aquaries
Boise, Id. 83709
8
2-3-4
0445
Lon & Sandra K. Braden
524 E State
Meridian, Id. 83642
8
5
;0455
Dorothy, G. Rice
524 E State
Meridian, Id. 83642
8
6
A60
John R. & Blanch Tromburg
& Donald 0. Drenzell
3040 Duane
Boise, Id. 83705