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HomeMy WebLinkAboutElliott, Rick & GeorgianaHUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON ~~~ -µ ~:; F' `~ti~rman-PlanningBZoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 7, 1995 TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95 REQUEST: Conditional Use Permit for Children's Learning Center Day Care BY: Rick and Georaiana Elliott LOCATION OF PROPERTY OR PROJECT: Lot 7, Block 2 of Honor Park Subdivision JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C -WALT MORROW, C/C MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: A Good Place to Live CITY OF MERIDIAN '• • • NAME: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT ~-583 ADDRESS: ~~f~ I~c~ a l~ Onvr~ ~arK ~~~~v~s~ar~ GENERAL LOCATION: ~~8 m ~' FG2 St O -~ l~a~er~~P~' o n ~a'~e.~`{~t~.~e~' Ln DESCRIPTION OF PROPOSED CONDITIONAL USE: l h ~ ldrer~s Lc-~,r n i ~a 1 `ert ~ ; ~o-v ~a~e %t3e{v,^e c~~ a~c~school Care -~r uo to iao C}-~ilal-~en. ZONING CLASSIFICATION: C CT PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). ~~ Signature of Applicant 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 _. m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the properly generally described as located at SUBDIVISION, BLOCK ,LOT TO APPLICATION FOR CONDITIONAL USE PERMIT IN THE CITY OF MERIDIAN Bright Beginnings Learning Center And Day Care. 1. Applicant: Rick A. Elliott and Georgiana L. Elliott 1903 N. Watertall Ave. Meridian, Idaho 83642 Home: (208) 887-1583 Work: (208) 385-0480 SSN: Rick's 554-41-5957 Georgiana's 573-96-9937 2. Property Owner: The subject property is being purchased in the Honor Park Subdivision. Escrow is scheduled to close on March 15, 1995. The current legal owner according to 1995 Ada County tax records is: (consent form attached.) Mr. William A. Hon. PO Box 828 Boise, Idaho 83701-0828 (208) 343- 7514 3. Legal Description: Lot 7, Block 2 Honor Park Subdivision No. 2 ( As per plat dated 12/22/94 ) North side of street on E. Water Tower Lane 5,6. Present Use: This property is subdivided, vacant land. 7. Proposed Use: 1 Acre, 3025' building for a children's learning center and day care. ( see attached item 7.} 8. The present zoning is C-G , General Commercial. 11. There are two property owners within three hundred feet (300') of the external boundaries of the land being considered: William A. Hon City of Meridian PO Box 828 C/O City Hall Boise, Idaho 83701-0828 728 Meridian Meridian, Idaho 83642-0000 • • Item 7 Proposed use of the property The purpose of Bright Beginnings Learning Center is to provide complete and optimum care in education for the individual child. The center will provide care for children from ages 0-12 in a healthy learning environment. Children will learn .basic skills from qualified teachers and staff in an on going process. Computers will be available for children to use at the appropriate times in their learning. Care will be given from 7:00 a.m. to 6:00 p.m. Monday through Friday. Each age range of children will have a seperate claasroom. All meals will be included in the full-time child care program. Extra curricular activities will be offered to the school age children and children of appropriate age groups on a weekly basis. Before and after school transportation will be provided for the extended day care users. The design of the center will be specifically beneficial to the children. The building will consist for 3,025 square feet, with five classrooms and a great room for large play and learning.. Each classroom will be approximately 300 square feet, with a door into the great room and an outside door. The classrooms will also have large outside windows for ample natural lighting and cheery atmosphere. Each classroom will also contain one sink and drinking fountain. Bathrooms will be constructed to children i.e., small toilets, small sinks etc. The dinning area will also we designed for small children, tables and chairs that are easy for the children to use. The kitchen, storage, laundry and staff bathroom will be approximately 270 square feet. In this area the kitchen will consist of commercial appliances (stove, dishwasher, refrigerator, sinks). The storage area will be used as a pantry for the food needed for the center. The laundry room will back up to the infants room in order to do the daily laundry for the infants. The great room will be located in the middle of the structure with each classroom on the outside. This room will be approximately 676 square feet and will be used for large group learning center or play. A portion of this area will be used as the dinning area a specific times of the day. The exterior playground will consist of approximately 1 /2 acre. In this 1 /2 acre, we will have the most up to date modern play structure, safe and appealing to both children and their parents. In addition to the play structure we will also have a replica of the early Meridian downtown for the children to ride the big-wheels, and tricycles around and to use for imaginary play. Ample grass area will be provided for playground and soccer. We will have basketball, four square,tetherball and hopscotch to entice any youngster. In addition to the large playground we will have a completely separate area for the toddlers and babies. The toddler area will house the latest (Little Tykes) toys appropriate for their age. The babies will have an enclosed area of their own with (Little Tykes) toys appropriate to their age. • • Item 10: Characteristics: The characteristics that make this site desirable are: a. The site is centrally located to be convenient for people who live or work in Meridian. b. Being close to the freeway, we will be able to serve people who commute between Nampa and Boise. c. This site is within walking distance from the Meridian park and swimming pool making it easier for the children to enjoy these facilities. d. The water tower is a well-known landmark making directions and advertising easier. e. We want to portray a clean, professional appearance. Having this facility in a new business park will enhance our image as dedicated professionals. f. The demand for qualified children's care in our area is extremely high. We believe this location is best for meeting the needs of the community without unfairly encroaching on the business of other children's facilities in Meridian. • • Item 13: Agreement to pay for any additional trash water or sewer fees. In compliance with application for conditional use permit in the city of Meridian, Idaho, We Rick A. Elliott and Georgiana L. Elliott, hereby state that we agree to pay for any additional sewer, water or trash fees or charges, if any ,associated with the use of this property under the conditional use permit issued by the City of Meridian, Idaho. vlZ ~ ~ < Date r /`/ C Rick A. Elliott Dater ~ ~S Georgiana L. Elliott • Item 14: Application is true and correct After completing this application, We, Rick A. Elliott and Georgiana L. Elliott, have read the contents of this application and do verify the contents are true and correct to the best of our knowlege at the time this application is submitted. ~ date: ~ " c ~ Rick A.. Elliott ate: ~~ / g 5 Geo "Tana L. Elliott Item 15: Posting Affidavit • I, Rick Elliott, do hereby certify my commitment to post the property known as Lot 7, Block 2 Honor Park Subdivision one week before public hearing (date to be determined) to consider a conditional use permit for the purpose doing business as Bright Beginnings Children's Learning Center and Day Care. Date: °~ /o j~' Rick A. Elliott Subs~Cribed and sworn to before me this ~~day of -L_e. ~ 1995. Notory public' i~P~ My commission Expires on: ~-// ~c~4d • 02/09/95 I ,William A. Hon, as the legal owner of the property known as Lot 7, Block 2 Honor Park Subdivision No. 2 as per plat dated 12/22/94, give my consent for Rick A. Elliott to apply for a conditional use permit for this property in the City of Meridian, Id. ~~ ~~~~~,~. Date: William A. Hon Subscribed and sworn to before me this ~~v day of ~1~~ _, 1995. Notary Public My Commission Expires on: ~ 3 WARRANTY D F rn G~ D Z w a a ~_i ~ -, ------~ 1()1; l;i iR For Value Received HAROLL 0. STEWART and MAXINE E. STEWART, husband and wife, the grantors . do hereby grant, bargain, sell and convey unto WIiLIAM A. HON, a divorced man, and ROLAND L. HON and BEVERLY HON, ,husband and wife, the gsaatee s, Ne following described premises. in....„.__..L~a......._...County Idaho, to wit: The SEA of the NWT of Section 18, in Township 3 North of Range 1 East of the Boise Meridian, in Ada County, IdaF,o, EXCEPT those portions of tldd tract described in Book 170 of Deeds at pages 96 and 141,, records of Ada County, State of Idaho. Together with all water, water rights, ditches and ditch , rights of way appurtenant thereto or connected therewith. 'N HAVE ARID TO HOLD the said premises, with their appurtenances unto the said Grantee S, their heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantees .that they are Lhe owners in fee simple of paid premises; that they are free from all encumbrances and that they will warrant and defend the same from all lawful claims ~vhatsoever. Dated: /,~ y ~ ~ 1967. s STATE OF IDAHO,~COUNTY OF A~A ( STATE OF IDAHO. COUNTY OF !' •- ~• - , z ' On thin ~ ~- day of [ L,'~ , l9(t7. ( ~ I hereby certify twat this instrument wu tiled for record at before me, a notary public in and for said tale, personally t the request of „~,,;.J .i;t:". L.0. C ` appeared • ~ s at .~i ~ minutes put t o clock f' m., `~~' ~ HAROLD O. STEWART and MAXINE E , I thin ~ day of ~ • . ` husband and wife, STEWART 1a ", i . in my oiike. and duly recorded in Eook ~• :, , , ,..: ~' ... of Dseda at page 4 c ~'" known'to'me~to M the person S whose names are • i • - •- • - : • ~ - T • ~; -• `"' '' _ -f'i~ ~ ~''w , ;snbecribed tb the within instrument. and uknowiedgcd to : y E:-OtgeiO seeorder 4 , m~ehat _ they esau}rt Ne came. ~ ~e"- ' , y Deputy • •,• ~~ - N04 '.i . , G~ ~ Fees i / J . ,, v ~ '~ ~ Re.idin` ,t Meridian .Idaho Mail to: "" Comm. Eapirea ."'~ __~ . ^ . ~_ ~~ ~: ;a" ~•:S •~ "~ : 811b8~~ QUITCGAlNi DT.Ei? A~ - ~" "~ For Valt:e Received BEVERLY A. !iCN, a married woman ~.,~do hezeby convey, release, remise and forever quitclaim unto her husband, WILLIAM A. HON, :':°,all her right, titl~ and interest in the following des~ribt:d premises, .:~; .,~ s}Mrhose current address is PO Box 828, Boise, ID 83701 ~ . ~`~ `~ `'' , s~~tbe following described premises, to-wnt: IN ADA COUNTY, IDAHO ..ti ~.~., .: ' . ..~: a~;-•~ ': The Northerly 515.94 feet of the SE 1/4 of the NW 1/Q of Section '~: •a~;,x 18. Township 3 North 1 East, lying Westerly of the Westerly line• " :'}~Y ~ of the County Road(Stratford Drive). =~•;~ .. tos'-thee with their appurtenances. Dated: March 26, 1981. I i (8everT=~~-Hoe ~ .. ;= ~ i ~• STAaE OP IDAHO, COUNTY OF AOA STATE OF' IUAIiU. CUt:~TY OF O„~+C/1~ ~ ^;~ `. Oa this .' 26th daf of ilareh , 19 $1 . ~, I hereby certify thpt~}~his trl3ttunl'!(~t was filed for record at betort me, s notary public in and for the said State, pee- ~ the request of G!~-C~C.~1v'~ (/{ ~f i'YL -:.~:~: • : .,~.aonany appeared Beverly A.. Hon, a married ` : , ' - ~ctock ~1t inut t / S v ~, woman ~ . ..:_. • .• ~'' ~ . .. .. m es pan ac ~ i C o thin ~ da of ' otliee 19~/ in m and dul eonl d Sn Book r ~ ~ ~ • ~ , 4 _s '!~ ~ -, - ... o • . ~,, ~,; , ~/ , y , y e e of Ueeda at Paga I ~-; s.A~ " '~ t 15 h se ~ ~ namo o w. t.} {(s,~htl persoA w know .tr,~ , to tllarwithin iq~ttament, and scknowledged to d th t h ' Ex-O~eio Recorder ~ e same. e e:eca e V s ~ . - ~ ' 1 t ~~ ~ ~ ... F~ , '. Votary Public .,(. ~ ~ ~~ ~ Deputy. F i T • t i ` cca . :~ .Idaho B..~twf ar.,°~ ocise st.il w: .r-• .,,.-.~ ~" ,~ ~E- ao~i' 1 ~l ~(~ASS iii Lc~r6 E Pi A~ i ~ r;,l dv~C G ~- % p s i i ~ 't ~ i r'ees ~- ~.~A sS Side wa,) k • ~__ 55~ x 55~ F10 ____. C~. eR12.°"e rte: t i ~I a~ N S 1S G ra s5 1' GRASS Shr~1~5 5. decJQl k S,~ n ~, GAS (~r'ighT 6eq~nning5 (,JATef ;Le2f ni n9 '..center Fire. ,~ ncL `-Ou,u GQt~ N~drarT E~~r ~ ~I ~~ -~ j x y _, Q ~ ~ ~ ~ ~ t ~. ~,a zu'S6'i' ~ DD N r' m • ~ O Y ~,~ • Z ~~ ~~ z ~~ J Z ~- a -~ 0 Q _I O O~ \J W i X15 J a N Z W U ao 3lvaodao~ '3 W ,~ ~ ~ I ~ tL• ,~ C O Z ;- Z Y ~ = Q a ~, 0 ~~ a / v O ~ a M ~ ~ G ` ~ I v ~ - - - z ~ -.- ~' ~ -. W 1z~ ~' ~ O N O ~J 3 V7 N ~~ ~ ' ~ Y w O O 3 3Q 3 `~ ' - '~ Z w = - _ r ~ ~ Ssd~y ~ .~ ~ dy,t (y~~os- ;~' ~) 69 ~ ON 1` J i~; NOOY S ~~ + dO do /Q ~ ~ ~ ~Q 1PJ n 7r V O a~ ~OOZ ~/V. •~ _ N .~O o- ~ ~ HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON W I CI TY QF MERIDI AN ROBERT D. CORRIE eer V D SM THS P.E. City Eng GAR WALT W. MORROW BRUCE D. STUART, Water Works Supt. s 33 EAST IDAHO - sHARI sTILEs upt. JOHN T. SHAWCROFT, Waste Water Planner a Zoning Administrator KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 7, 1995 TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95 REQUEST: Conditional Use Permit for Children's Leamina Center Day Care BY: Rick and Georgians Elliott LOCATION OF PROPERTY OR PROJECT: Lot 7. Block 2 of Honor Park Subdivision JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 -CHARLES ROUNTREE, P/Z -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C -MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • N CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT '~-1583 ADDRESS: /~f 7 ~I~cK a l~ anvr' l~arK ~~. ~~~~v is~~nn GENERAL LOCATION: ~~8 P}'1 ~~ ~a51~ O ~ l,~a~er~~e~' 0 n l,~~a~e1`~~ ~7e~' Ln DESCRIPTION OF PROPOSED CONDITIONAL USE: ~'h~ ldr'er~s L~rnina ~`` der; --~a-~a~/,~3e~or~ c,~or abler pool _are ~r ua to ioo ~~Idlr~en. ZONING CLASSIFICATION: C° Cr PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). JJ c~ Signature of Applicant 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 _.m. 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 TO • • APPLICATION FOR CONDITIONAL USE PERMIT IN THE CITY OF MERIDIAN Bright Beginnings Learning Center And Day Care. 1. Applicant: Rick A. Elliott and Georgiana L. Elliott 1903 N. Waterfall Ave. Meridian, Idaho 83642 Home: (208) 887-1583 Work: (208) 385-0480 SSN: Rick's 554-41-5957 Georgiana's 573-96-9937 2. Property Owner: The subject property is being purchased in the Honor Park Subdivision. Escrow is scheduled to close on March 15, 1995. The current legal owner according to 1995 Ada County tax records is: (consent form attached.) Mr. William A. Hon. PO Box 828 Boise, Idaho 83701-0828 (208) 343- 7514 3. Legal Description: Lot 7, Block 2 Honor Park Subdivision No. 2 ( As per plat dated 12/22/94 ) North side of street on E. Water Tower Lane 5,6. Present Use: This property is subdivided, vacant land. 7. Proposed Use: 1 Acre, 3025' building for a children's learning center and day care. ( see attached item 7.) 8. The present zoning is C-G , General Commercial. 11. There are two property owners within three hundred feet (300') of the external boundaries of the land being considered: William A. Hon City of Meridian PO Box 828 C/O City Hall Boise, Idaho 83701-0828 728 Meridian Meridian, Idaho 83642-0000 ,~ • • Item 7 Proposed use of the property The purpose of Bright Beginnings Learning Center is to provide complete and optimum care in education for the individual child. The center will provide care for children from ages 0-12 in a healthy learning environment. Children will learn basic skills from qualified teachers and staff in an on going process. Computers will be available for children to use at the appropriate times in their learning. Care will be given from 7:00 a.m. to 6:00 p.m. Monday through Friday. Each age range of children will have a seperate claasroom. All meals will be included in the full-time child care program. Extra curricular activities will be offered to the school age children and children of appropriate age groups on a weekly basis. Before and after school transportation will be provided for the extended day care users. The design of the center will be specifically beneficial to the children. The building will consist for 3,025 square feet, with five classrooms and a great room for large play and learning. Each classroom will be approximately 300 square feet, with a door into the great room and an outside door. The classrooms will also have large outside windows for ample natural lighting and cheery atmosphere. Each classroom will also contain one sink and drinking fountain. Bathrooms will be constructed to children i.e., small toilets, small sinks etc. The dinning area will also we designed for small children, tables and chairs that are easy for the children to use. The kitchen, storage, laundry and staff bathroom will be approximately 270 square feet. In this area the kitchen will consist of commercial appliances (stove, dishwasher, refrigerator, sinks). The storage area will be used as a pantry for the food needed for the center. The laundry room will back up to the infants room in order to do the daily laundry for the infants. The great room will be located in the middle of the structure with each classroom on the outside. This room will be approximately 676 square feet and will be used for large group learning center or play. A portion of this area will be used as the dinning area a specific times of the day. The exterior playground will consist of approximately 1/2 acre. In this 1/2 acre, we will have the most up to date modern play structure, safe and appealing to both children and their parents. In addition to the play structure we will also have a replica of the early Meridian downtown for the children to ride the big-wheels, and tricycles around and to use for imaginary play. Ample grass area will be provided for playground and soccer. We will have basketball, four square,tetherball and hopscotch to entice any youngster. In addition to the large playground we will have a completely separate area for the toddlers and babies. The toddler area will house the latest (Little Tykes) toys appropriate for their age. The babies will have an enclosed area of their own with (Little Tykes) toys appropriate to their age. / • • Item 10: Characteristics: The characteristics that make this site desirable are: a. The site is centrally located to be convenient for people who live or work in Meridian. b. Being close to the freeway, we will be able to serve people who commute between Nampa and Boise. c. This site is within walking distance from the Meridian park and swimming pool making it easier for the children to enjoy these facilities. d. The water tower is a well-known landmark making directions and advertising easier. e. We want to portray a clean, professional appearance. Having this facility in a new business park will enhance our image as dedicated professionals. f. The demand for qualified children's care in our area is extremely high. We believe this location is best for meeting the needs of the community without unfairly encroaching on the business of other children's facilities in Meridian. s ~ • . Item 13: Agreement to pay for any additional trash water or sewer fees. In compliance with application for conditional use permit in the city of Meridian, Idaho, We Rick A. Elliott and Georgiana L. Elliott, hereby state that we agree to pay for any additional sewer, water or trash fees or charges, if any ,associated with the use of this property under the conditional use permit issued by the City of Meridian, Idaho. ~ ~ Date: ~ /`/ Rick A. Elliott Dater ~ ~S Georgiana L. Elliott • • Item 14: Application is true and correct After completing this application, We, Rick A. Elliott and Georgiana L. Elliott, have read the contents of this application and do verify the contents are true and correct to the best of our knowlege at the time this application is submitted. date:~~~~ Rick A.. Elliott -~d~vate: c~ ~ 9S Geo Tana L. Elliott .~ • • Item 15: Posting Affidavit I, Rick Elliott, do hereby certify my commitment to post the property known as Lot 7, Block 2 Honor Park Subdivision one week before public hearing (date to be determined) to consider a conditional use permit for the purpose doing business as Bright Beginnings Children's Learning Center and Day Care. Date: °~ /o S Rick A. Elliott Subs ribed and sworn to before me this ~~'day of 1995. Notor ublic i~?~~e~> Yp i My commission Expires on: ~~od • • 02/09/95 I ,William A. Hon, as the legal owner of the property known as Lot 7, Block 2 Honor Park Subdivision No. 2 as per plat dated 12/22/94, give my consent for Rick A. Elliott to apply for a conditional use permit for this property in the City of Meridian, Id. ~'~ ~~ Date: William A. Hon Subscribed and sworn to before me this l~v day of 1995. Ncltary Public My Commission Expires on: ~ 3 ., WARRANTY DEE ~ _l Ul; l:i iR ' For Value Received HAROLG 0. STEWART and MAXINE E. STEWART, I husband and wife, i the grantors . do hereby grant. bugain. sell and convey unto WILLIAM A. HON, a ~ ~ divorced man, and ROLAND L. HON and BEVERLY HON, .husband and wife, F j m the grantee s. the following deacrlbed premises, in.......__..Alda~...._.....County Idaho, to wit: w z > The SEA of the NW's of Section 18, in Township 3 North of a Range 1 East of the Boise Meridian, in Ada County, Idal•,o, EXCEPT those portions of std tract described in Book 170 ~ of Deeds at pages 96 and 141,_records of Ada County, State of Idaho. Together with all water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. - TO HAVE AI3D 'CO HOLD the said premises, with their appurtenances unto the said Grantee S. their heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantees .that they are the owners in fee simple of acid premises; that they are free from all encumbrances and that t hey will warrant and defend the same from all lawful claims whatsoever. Dated: ~ 1967. -,~;: ~~.~ STATE OF 1Dl.HO,~COUIvTY OF A~A On this ~ ~- day of `~/y ti, .e , 19 (~ 7 , before me, a notary public in and for said State, personally appeared '-.HAROLD O. STEWART and MAXINE E. STEWART, husband and wife, .... _ • known~to'me~to be the person S whose names are •-~ aubaeribed tb the within inttrument, and acknowledged to m~that _ th-2y e:~r! the same. a i# i ~ -,~ ~ Notary Publk "' ( lte.idins a Meridian w ' _ ,Idaho Comm. Expires ,-"~ __~ STATE OF IDAHO. COUNTY OF !•' •~ ~- _ .z I herby certify flat this instrument was Rled for record at ~ ~ the request of -.~.J ~~;t;~ L:t). ~ i at v r minutes put t o'clock f' m., i~,1 this p day of ~ .. .., 29 i / . In my oRke, and duly recorded is hook '~ of Dseda at pane ` Z E:-Ot~eio Recorder ' 4. Gr ~ Deputy, .w :' Fees = / vZ Mail to: ~ ~. SiibB~~ QUITCI~AlNI DTEi? ~; s •• ~`- ForVah:eReceived BEVERLY A. HON, a married woman ::~„~. . ~~ . ,: ;,•. do hereby convey, release, remise and forever quitclaim unto her husband, WILLIAM A. HGN, -:.rsall her right,-title and interest in the following describt:d premises, ~,, f '.whose wrreat address is PO Bax 828, Boise, ID 83701 . .,i ~~ ~ ; <:~+. °`;'~'. ~'~•'the followin>: described premises, to-wit: IN AOA COUNTY, IDAHO .'~ ~;-~-': .The Northerly 515.94 feet of the SE 1/4 of the NW 1/Q of Section ~~: ~~:~. 18, Township 3 North 1 East, lying Westerly of the Westerly line' .~•,•• ~ ' of the County Road(Stratford Drive). ~;~; tog•:ther with their appurtenances. Dated: March 26, 1981. <,; _. •f '; ,Y`. STATE OF IDA80, COUNTY OF ADA _ `.. Oa this . - 26th day of starch , I9 81, ~° ~+ befort me, a notary public in and for the said State, per- +~ :.:son.ny appeared Beverly A._ Hon, a married `woman; 6: . ,`;'~~ Y~,rlmown so.~t¢ ~e,~bb pereoA ~rho52 name 1 S :~ r to tlYa arithia iryzticment, and acknowledged to ~r~ •, r ~ ~~ t; s She executed the same. r ~ J. 1 ''~ . ~" ° "' . • _ L Votary Public Reudit-d at' • :-~ iiC 15 e i .Idaho •• ~ } t ,~.~ - _ •s .. I ' - i ~- i STATE OF' IUAIiU, CUi:tiTY OF [hereby certify U~pt~y~ismstrum/e[~t arts filed for record at the request of Gf~-GC~C.CLJv'~ (/C hvO~YL at / S minutes peat ~iK o'clock ~Sf.. this ~ day of 1~~~~,iL/ ~' 19~/, in my olTtee, and duly mocded in Book (~/~( of Ueeda at Payre - • I t.. . aOHN BhS s i:° Ex-OLTeio Recorder o //II a ~~//~~ Hy~~r.~t~.,:.~,,~"GL1>,Z~12~ ~- Deputy. Feca i • _ ~ `~ Steil to~ ~ ~ ~ lrt• ~ %+-~' *L~P'_`~~Gt iib~'~r'+C. ~ t~:.. S'!~ +~s.`Yi~'~-Y' ~~ :- y x ~ Q ~ ~ ~ ~ ~ I ~ ~ ~, ,._. _. - _-~ ~~ r~ ~ 2u f6t o- °D N - ~ N m • N ~ 0 Y • Z ~~ z~ ~~ zM ~ Z ~ Q ~ ~ 0 Q _. I O 01 \J ~W i M ~ ~ J Q N Z -- W U Jw~ as 3lvaodao~ '3 j ~ ~ 1 _ O ~' G Z ~ - Z Y ~ = Q a~ w 0 ~ C~ a a ~ ~ FW- ~ M 0 U v i v ~ i M Z ~ ~ ^. " -' _ - fJ w 3 ~ ~ N ~ I,j ~ O t~ W N O O o ~ Y Z. O ~1 Q ~ r"' ~ N O i J ~. O ` O Q g~ N ~ = •O 3 aQ _ ~~ `~• '- Z _ SS3 ~ i W = _ ~~O~d ~ ~ _ ~ ~ S ~ ap ~ ~ ' Q ~ '' ,~~i1~ ~ ~ Zi ~ ~ J O~ ~ oo , y Rio _ ~~ , 1 at Q ~ ~ e~ ` i y~,, o S COM~CIAL/INVESTMENT REAL E~TE 0 ® PURCHASE AND SALE AGREEMENT REALTOR© Boise Idaho January 30 1s 95 1 CG r. BUYER. Rick A. Elliott and Geor Tana L. Elliott, H&W, and/or assigns 2 ~ 3 d" (hereinafter called "Buyer") agrees to purchase, and the undersigned Seller agrees to sell the following described real estate hereinafter referred to as "premises:' 4 ~ 2. PROPERTY ADDRESS AND LEGAL DESCRIPTION. The property commonly known as 5 O 6 ~ City of Meridian County of Ada Idaho legally described as: 1.ot 7 ~ R1 n lc 7 Honor Park Sub. No. 2 (as per plat dated 12/22/94) a 0 Buyer and Seller authorize Agent or Closing Agency to insert and/or correct, over their signatures, the legal description of the property as provided by Seller. 9 _ 3. PRICE/TERMS. Total Purchase Price is One Hundred Five Thousand ,_ix Hundred Twenty Seven and 00/100 10 Dollars ($ 105,627.00 _ ) 11 a) $ all Cash at ClOSing ,Cash down payment, including Earnest Money deposit. 12 b) $ Balance of the purchase price to be paid as follows: 13 Price based on 42,251 Sq. Ft. @ $2.50. 1a Seller to provide a clear Level One Environmental Survey on subject Property r5 within 90 days of acceptance. 16 This offer s~ercedes previous offer dated January 27, 1995. n _ 18 Seller, William H. Hon, is a licensed Real Estate agQnt. 1s 4. EARNEST MONEY. 20 a) Buyer hereby deposits as earnest money and a receipt is hereby acknowledged of One Hundred and OOf 100 21 _ Dollars ($ 100.00 ). 22 Evidenced by: ^ Cash ~ Check ^ Cashiers check C.1 Note or 23 b) Earnest Money to be deposited in trust account upon acceptance by all parties and shall be held by Larry LarawaX 24 _ for the benefit of the parties hereto. 25 5. INCLUDED ITEMS. All attached floor coverings, attached television antenna, attached plumbing, bathroom and lighting fixtures, window screens, screen 26 doors, storm windows, storm doors, window coverings, exterior trees, plants, shrubbery, water heating apparatus and fixtures, attached fireplace equipment, 27 awnings, ventilating, cooling and heating systems, built-in and "drop-in" ranges (but excepting all other ranges), fuel tanks and irrigation fixtures and equip- 28 ment, ail water and water rights, all ditches and ditch rights tftat are appurtenant thereto that are now on or used in connection with the premises shall be 29 included in the sale unless otherwise provided herein. 30 Other items specifically included in this sale: None 31 Items specifically excluded in this sale: None g2 33 6. ADDITIONAL TERMS, CONDITIONS AND/OR CONTINGENCIES. The closing of this transaction is contingent upon written satisfaction or waiver of the 34 following conditions: 35 Se1_1_er to give bLy x 1 tsiwe uce fnr a r•hild r•arP facilit;- raithin Honor Park 3s Subdivision No. 1 and No. 2. ~ Buyer reserves 30 days from acceptance for "due diligence" work. 3s Offer contingent on buyer verifying availability of funds through a "1031" tax 3g deferred exchange within 30 dayrzof acs_e:ntrince. A1_1, on in,$ nci a rn hP remne~Pri ao within 30 days of accept_ ancB_,(Pxrgpt _for r 1 Par 1 g.~e,l nn Pnvjrn~entahurVeT~. a1 Buyer will have until 30 days frnm arr•ertariCe to satisfy or waive all conditions and/or contingencies. 42 7. TITLE COMPANY/CLOSING AGENCY. a) The parties agree that Pioneer Title Company 43 shall provide any required title policy and preliminary report of commitment. b) The closing agency for this transaction shall be 44 Pioneer Title .Each party agrees to pay one-halt of the closing agency's fee. 45 8. TITLE INSURANCE. ____.___ Seller __` ____ y_. to pay for a standard Owner's or Purchaser's Title Policy premium in this transaction. 46 Purchaser's Extended Coverage Title Policy requested f l Yes tRNO. Additional premium to be paid by NA 47 Title Company to provide all parties to this agreement with a preliminary Title Report on or before closing 48 Buyer shall have until ~'~lOSing ~'! 49 to object in writing to the condition of the title as set forth in the report. In the event the Buyer makes written objection to the title, Seller shall have a reasonable 50 time, not to exceed days, to cure any defects of title or provide affirmative title insurance coverage, and in the event the Seller cannot cure said defects 5t or is unwilling to cure said defects or provide affirmative title insurance coverage, the Buyer may elect, as its sole remedy, to either terminate this Agreement, 52 or cure the detects at the Buyer's expense, or proceed to closing, taking title subject to such defects. If the Buyer does not so object, the Buyer shall be deemed 53 to have accepted the condition of the title. 54 In the event Buyer elects to terminate the agreement due to unsatisfactory title conditions, the Buyer shall be entitled to the return of all refundable deposits 55 made by him but that such return of deposits shall not constitute a waiver of other remedies available to Buyer. 56 The final Title Insurance policy shalt be delivered to the Buyer by the Title Company as soon as possible after closing. 57 9. ESCROW/COLLECTION. If a long-term escrow/collection is Involved, then the escrow/collection holder shall be NA 58 Each party agrees to pay one-half of escrow/collection tees. 5g 10. CLOSING DATE. On or before the closing date, Buyer and Seller shall deposit with the closing agency all funds and Instruments necessary to complete the sale. 60 The closing date shall be no later than March 15 , 1995 s1 "Closing Date" means the date on which all documents are either recorded or accepted by an escrow/collection agency and the sale proceeds are available to Seller. 62 11. POSSESSION/PROBATION. Buyer shall be entitled to possession on the day of closing or g3 Taxes and water assessments (using the last available assessment as a basis), rents, insurance premiums, interest and reserve on (fens, encumbrances or 64 obligations assumed and utilities shall be prorated. as of the day of closing or _. _.__ ClOSirig 65 Any tenant deposits held by Seller shall be credited to Buyer at closing. 66 r t 1 f C~ NOTICE OF HEARING • NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Mertdian,ldaho, at the hour of 7:30 p.m., on March 14, 1995, for the purpose of reviewing and considering the Application of Rick and Georgians Elliott, for a Conditional Use Permit for land located in Lot 7, Block 2 of Honor Park Subdivision No. 2, Meridian, Ada County, Idaho, and which property is generally located 1/8 mile east of the Water tower on Watertower Lane. The Application requests a Conditional Use Permit for Children's Learning Center Day Care; before and after school care for up to 100 children. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 21st day of February, 1995. r~~~---- WILLIAM G. BERG, JR., LERK ,~Oct~ ,----- ~f~ASS ~ LQ,r6 E Pi (~~ i srR~~ rvRE f;GJovc~ G~+;ps~ r I ~ ~ i ~~ J i tees -£-~.r~ASS 5.de wcLl k v ~ I cL - t1 55 ~ X 55~ 0 t~ e ~' '7~ G~as~ GRAS,$ Shr~tts' 5•der,~lal k G A'S I Sia n (3righT 6eq~nnin95 GJATe(' `Le2fl~i n9:'_.Gerter Fire _(~ ncC Da,u GQt~. N~drarT • ~/ect r i c. ~~ . ~Op~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION RICK A. AND GEORGIANA L. ELLIOTT CONDITIONAL USE PERMIT BRIGHT BEGINNINGS CHILDREN'S LEARNING CENTER AND DAY CARE LOT 7, BLOCK 2 HONOR PARR SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on March 14, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through Georgiana Elliott, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: 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 March 14, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 14, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 BRIGHT BEGINNINGS LEARNING CENTER • 2. That the property is located within the City of Meridian; that the general location of the property is on the north side of E. Water Tower Lane, in an area classified as a Mixed/Planned Use Development Area on the Generalized Land Use Map in the Meridian Comprehensive Plan and is described in the application which description is incorporated herein. 3. That the property is currently zoned C-G, General Retail and Service Commercial. 4. That the zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-Gl General Retail and Service Commercial: The purpose of the ( C-G ) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not ~ constitute strip commercial development and encourage clustering of commercial development; 5. That the Applicant is not the owner of record of the property; that the owner of record is Mr. William A. Hon; that the owner has submitted a consent to this application. 6. That the property is currently undeveloped, vacant and is stated to be one (1) acre. 7. That the proposed use by the Applicant is stated to be to construct a 3,025 square foot learning center and day care to include five classrooms, each with a sink and drinking fountain, FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 BRIGHT BEGINNINGS LEARNING CENTER • • approximately 300 square feet each, a great room approximately 676 square feet to be used for a large group center or play area and dinning area at specific times; kitchen, storage, laundry and staff bathroom will be approximately 270 square feet; that the kitchen will consists of commercial appliances; that bathrooms facilities will accommodate in size, the children, including five (5) toilets for girls and five (5) toilets for boys. 8. Mrs. Elliott stated in the application that this location is centrally located, close to the freeway, within walking distance from the Meridian Park and swimming pool and that the water tower is a well-known landmark desirable for directions and advertising, and that this application will be harmonious with and in accordance with the Comprehensive Plan. 9. That at the public hearing or in the Application, the Applicant set forth as follows: a. That because of significant growth, the current location meets the demands of the local community as well as Nampa and Boise; that any new businesses in the community coming to the area will not only have the park to enjoy but the convenience of a day care center close by. b. That currently the proposed property has a 45 foot driveway located at the front; that per the Ada County Highway District recommendations, the Applicant plans to alter the driveway to 30 feet across and install a second driveway also 30 feet across at the opposite end of the property for easy access traffic flow pattern; that across the front there will be a standard 5 foot sidewalk; that the parkway between the sidewalk and the parking lot will be approximately 10 foot wide with 1 to 2 foot high planted rolling knolls of grass. c. That the sign will be placed in the center of the grass with a flower garden surrounding the sign; that the sign will be in accordance with the standards of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 BRIGHT BEGINNINGS LEARNING CENTER Meridian. d. That the parking lot will be paved and stripped and include two ( 2 ) handicapped spaces with cut out curbs and a graduated incline walkway to the front door that will meet the requirements of the City of Meridian and the Americans with Disabilities Act. e. That the building will be built out of textured gray cinder block approximately 10 feet high with a pitched roof of cobalt steel blue to include two (2) skylights in the center; that the front will have two (2) bay windows one on each side of the front door and there will be approximately three (3) windows down each side of the rear of the property; that over the windows will be cobalt blue awnings to add to the exterior decor and to help shade and control the heat inside. f. That the hours of operation will be from 7:00 a.m. to 6:00 p.m. Monday through Friday. g. That one-half (1/2) acre will be used for the playground, consisting of a large multi-colored play structure that will be permanently cemented into the ground; that the rear of the property will be a replicated Old Town of Meridian which will include a cafe, bank, police station and post office for the children to play in; that the structures will not exceed four (4) feet in height and can be easily moved around the property as the need arises; that winding throughout the town along the grass will be cement road for the children to ride big wheels and tricycles with the remainder in grass; that in the middle of the road course will be a large sand box. h. That the Applicant would like to license the facility for 100 children; that according to the Fire Department the building can hold approximately 80 children; that because of flexible hours and school schedules the Applicant is requesting licensing for 100 but at no time will there actually be 100 children at the site at one time. i. That she, Mrs. Elliott, currently holds an Idaho Teaching Credential and cannot apply for her day care license until the building is actually built; that she will employ seven employees. 10. That there was no testimony in opposition to this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 BRIGHT BEGINNINGS LEARNING CENTER U • 11. That the Applicant has submitted the owners consent to the Application. 12. That the Meridian Planning and Zoning Administrator and the City Engineer's office submitted comments, stating that irrigation and drainage ditches must be tiled, off-street parking paving and stripping, a drainage plan, sidewalks, and signage shall all be provided in accordance with City Ordinances; that all construction shall conform to the requirement of the Americans with Disabilities Act; that sewer and water assessments will be determined during the building plan review process and that no permanent structures, trees, etc., that would interfere with the operation of the City's water and sewer lines will be permitted within the existing easements on this lot; that detailed site and building plans be provided for approval as part of the building permit process; that all landscaping and fencing shall be in place prior to operating day care; that this Conditional Use Permit should contain a provision for yearly review at the option of the City Council; that the hours of operation shall not extend beyond those represented by the Applicant and approved by the Council; that the Applicant should ensure that the day care facilities are adequate for recreation without relying heavily on the City Park, do to the impact of 100 children utilizing Storey Park on a regular basis; that the Applicant shall ensure design and operation of the facility will not discourage other commercial business from building in this subdivision; that the proposed size of the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 BRIGST BEGINNINGS LEARNING CENTER • • building would not appear to support an occupancy of 100 children; that all parking areas must be a minimum of four (4) feet from Ada County Highway District's right-of-way in accordance with 2-414.C.; that the Applicant should provide trees along the frontage of this property as well as the grassed area behind the building, and that the Applicant shall submit a copy of day care license for the facility prior to opening and to provide evidence of operators' licenses upon request. 13. That the Ada County Highway District (ACRD) submitted site specific requirements and they are incorporated herein as if set forth in full which included the construction of a 5-foot sidewalk abutting the parcel; that the driveways shall be permitted and shall be 24 to 30-feet wide, separated by a minimum of 50 feet, and located, if possible, 25 feet from the side property lines and a minimum of 50 feet from any driveway on the adjacent parcels and that Applicant shall replace unused portion of curb cut on Watertower Lane with standard curb, gutter and sidewalk. 14. That Nampa Meridian Irrigation District, Central District Health Department, Meridian Police Department and Meridian City Fire Department submitted comments and they are hereby incorporated herein as if set forth in full. 15. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 BRIGHT BEGINNINGS LEARNING CENTER 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. 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. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, 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 facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan and Zoning Ordinance. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 BRIGHT BEGINNINGS LEARNING CENTER • 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. 5. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, all parking and landscaping requirements and the comments of the Planning and Zoning Administrator and the City Engineers office must be met and complied with. 6. That the parking must be paved, the landscaping placed, and any outdoor storage and/or trash receptacles properly screened, prior to issuance of an occupancy permit. 7. That the Applicant shall provide proof of Health and Welfare licensing prior to issuance of an occupancy permit; that under City Ordinance, 11-2-403 B, Child Care Facility, it is the total number of children cared for during the day and not the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 BRIGHT BEGINNINGS LEARNING CENTER n LJ U number of children at any one time that ie determinative. 8. The following conditions shall also apply: (1) Secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. (2) Acquire an occupancy certificate. (3) Provide one (1) off-street parking space per employee. (4) Provide for a child pick-up area located off the main- fronting street. (5) Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. (6) Provide for a fence of appropriate height/construction, to enclose play areas, protecting children from traffic. (7) Meet the Idaho State Department of Health and Welfare- Child Care Licensing Division child to instructor ratio and meet the required square feet per child. APPROVAL OF FINDINC,~S OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHT BEGINNINGS LEARNING CENTER VOTED ~~ -'~. VOTE 1 , "~~~ VOTE ~~ VOTED VOTED Page 9 • • 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. MOTION: APPROVED DENIED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 BRIGHT BEGINNINGS LEARNING CENTER • HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 DECEIVED Planner 8 Zoning Administrator JIM JOHNSON Phone (208) 888-0433 ~ FAX (208) 887813 Chairman ~ Planning 8 Zoning Public Works/Building Department (208) 887-2211 FE B 2 3 1995 GRANT P. KINGSFORD Mayor ~ OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 71995 TRANSMITTAL DATE: 2121/95 HEARING DATE: 3/14/95 REQUEST: Conditional Use Penmit for Children's Learning Center Day Care BY: Rick and Georgians Elliott LOCATION OF PROPERTY OR PROJECT: Lot 7 Block 2 of Honor Park Subdivision JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES •) .. ~ (` /f~ OTHER: r~ '7 YOUR CONCISE REMARKS: S oni~ i4-S /fL GOl7ES ~i2~ ~ y ~e ~ rob !~-•.~ ut ~ -E~l. ,i-k t c /~~ r~ : 7'L /~\~~~ COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN W ALT W MORROW • RECEIVEID L C JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary To: RICK & GEORGIANA ELLIOT 1903 N. WATERFALL AVE MERIDIAN ID 8 642 ~` ' ,,~,~~ From: Karen Gal~ag~ r, Coo~d~inaf~r Development Services Subject: MERIDIAN CU - WATERTOWER E/O E. 1ST STREET DAY CARE CENTER MAR 1 4 1995 CITY OF MERIDIAN March 9, 1995 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on March 8, 1995. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc : Development Services Chron .CITY OF MERIDIAN ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 • L L JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary TO: ACRD CUmmission r TITER -DEPARTMENT CORRESPONDENCE f'~C'UW,ATER / DSTECH 3-8-A5 DATE: March 6, 1995 FROM: Development Services SUBJECT: Conditional Use Watertower e/o > 1st St Day Care Center (Applicant - Rick & Georgiana Elliot, 1903 N, Waterfall Ave., Meridian, ID 83642) (Representative - same) FACTS & FINDINGS: i. The applicant is requesting approval permit for the operation of a day care for up to 100 children. The property 1.0-acres and is located on Watertower mile east of E. lst Street, Lot 7, Block lion. 2. GENERAL INFORMATION: of a conditional use before and after school. contains approximately Lane approximately 1/4 2, Honor Park Subdivi- LEAD AGENCY - City of Meridian FILE - Conditional use ACRES - 1.D S¢UARE FEET OF PROJECTED BUILDING - 3,025 ZONING - Commercial - C-G ESTIMATED VEHICLE TRIPS PER DAY - 456 TRAFFIC ANALYSIS ZONE - 281 L.F. OF FRONTAGE ON Watertower Lane - 209 FUNCTIONAL CLASSIFICATION MAP DESIGNATION ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - EXISTING RIGHT-OF-WAY - 60-feet REQUIRED RIGHT-OF-WAY - No additional Watertower Lane is improved with a 41-foot curb and gutter on both sides. There is to the parcel, however the south side of fully improved with 5-foot sidewalk. - Local None street section with no sidewalk adjacent Watertower Lane is ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 :,c ~ iulati wciul Llvn ~e waLertower e i o r; . 1SL L March 6, 1995 Page 2 • • IMPACT FEE BENEFIT ZONE - WEST ADA IMPACT FEE ASSESSMENT DISTRICT - WESTERN CITIES 3. There is currently one 45-foot wide access at the site. The applicant's site plan shows two 45-foot wide driveways on Watertower Lane. However, the applicant is proposing to con- struct two 24-foot to 30-foot commercial driveways. 4. Staff recommends that the developer be required. to construct sidewalk on Watertower Place abutting the site. This require- ment was not made on the preliminary plat approval. One of the ten parcels on the north side of Watertower Place have been developed. Staff will recommend that this site and the remaining six lots construct sidewalk as they develop, since the intended industrial use does not seem to be actually occur- ring. Uses with more intensive pedestrian activity are being developed. 5. This application is scheduled for public hearing by the City of Meridian Planning Commission on March 14, 1995. The following requirements are provided to the City of Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Construct 5-foot sidewalk abutting parcel. 2. Two accesses to the site are permitted. The driveways shall be 24 to 30-feet wide, separated by a minimum of 50-feet, and located, if possible, 25-feet from the side property lines and a minimum of 50-feet from any driveway on the adjacent parcels (near edge to near edge measurements). 3. Replace unused portion of curb cut on Watertower Lane with standard curb, gutter and sidewalk. STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. Meridian Condition U• Watertower e/o E. lst ~ay Care Center March 6, 1995 Page 3 3. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Karen Gallagher /A ti h i ~~ i ~~ y Z ~ Q ~ O Vl s -- --- ~ _ =i I r~ I z~ Fdp ~-~ i I ~ J t 'I,~~ o ~ • O Z • G'~ C/~ ~ S Z Z !'+r7 ~ Z t~ Q ~ ~ Q ~aualval5 ~ ~+ -1--- ~ ~ ~ o ~ _ s o N ~ - J N i Q ~ ~ N Z i W U to ~ J ~ `"~ Y ~ ~~ as 3lvaodao~ 3 4 ~ m ~ Z Z Y ~' a ~ w 0 ~ C~ a / ~ ac ~, 0 W M G ~ 0 i ~ s Z ~ - __ M .J ~ iiQ . y-. ~ /~/~/~ w N r N O tJ 0 iA N ` 1- ~ O O NO - O W ~~ g ~O ~~ Q ~ i' N ~ ~ ~ ~ PO~ ` ! ~O ~ 3 ~~ ~ W zi _ ~ ~ ~ S`S~ 69 ~ ON 4~~,. J ~ ~ ~ s NOOY _. I ~~ N/ ~_\1 ~-- a o ~' • o~ f~ ~!, ~~ASS Lc~r6 E ~i (~~ i SiR~GTvRt ~ I r .~ ~ i ree s -~- ~.~ A s5 Side w~l k ~? _g_v_ ~_ L _c~_ + n -~ __--- .~5 ~ X 55~ FIOW c~ GR~Ss O Shr~bS / 5~ d c cJa. l k / Sic n / GAS (3righT 6~ginning5 GIATef `t1e~('ni n j- ~.Gev~f'Cr Fire -i~ nit Da,u GQ-I'~. H.~dr4rT' --;; i i i i f I_ t Q ~ N { S s~ f Grass . g/eat r ~ c.1 CENTRAL •~ DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # REVIEW SHEET x~ .., `..~«.~89 Environmental Health Division Return to: ~~f? Q ~ ~~~~ ^ Boise LJTi i )r iiY +~,i.d`~t:i'rr"'~. ~:. ^ Eagle Preliminary /Final /Short Plat ~tL~r~~ ~Ni~~ ~~"'~ ~ C,i~j2E ^ Garden city [Meridian ^ Kuna ^ Acz ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type. of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ,~ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ~, central sewage ^ community sewage system ^ community water well ^ interim sewage ~, central water ^ individual sewage ^ individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water 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. ^ I I. 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 ^ swimming pools or spas child care center ^ beverage establishment ^ grocery store 13. ~~TdRt~f[•vrr-i`~7'Z /~'!~I'-n/r~Es~irlE7/1- `.~Cy ~!/~f Er'I~.~N76~S Date: a / v~? / ~:~ ~'LE ,~i"7)9~C~f~C7 • Reviewed By: [DND ID/91 rcb, rev. II/93 jll CtNTR~L ~~ ~ DlSTRSCT .~ ~:~ G l~il 1~~Y 1 ~~- DEPARTMENT MAIN OFiRC • 707 K ARMSifiCNG ?~. • 8010. !0.831Cd • fTBI 375-x211 • FAX 3Z7a~ Ta pre:esu and tress diuase and disabitits~; :~ promote hcaithy iifesaytes: and ro prtttrc and pr>lmcte the health and quality of our eaairotmtettL STORMWATER MANAGr"MENT We recommend that the first one half inch of stor3water be pretreated through a grassy Swale prior to disc:arge to the subsurface to prevent impact to groundwater and s•.=rfaca water cuaiity. The engineers and architec~..s involved with the desic_m of i~.his project should obtain csrrent best management practices for stormwater disposal, and design a stormwater management system that is preventing groundwater and sur~ace water degradation. Manuals that could be used for guidance are: 1) STORMWATz' I~NAGr"ME*iT IK.ANIIAL FOR THE PIIGr.T SOIIND, State of Washington Department of Ecology, February 1992 2) ADA COIINTv H.IGn"Ti~TAv DISTRICT GIIIDELIti'ES FOR STORMWAT~R AND SITr DRAINAGE, MANAGr:'1~NT 3) CALI?ORNI~i BEST I~NAG~T PZtACTI~ HANDBOOK ' Prepared by Camp Dresser and McKee, Larry Walker Assoc. , IIribe and Assoc., Resources Planning Assoc., for the Starmwater Quality Task Force 4) IIRHAN STORM DRAIl~TAGE c-~rr~ra ~~~, Volume 3, Best Management Prac~..ices Stormwater Quality IIrban Drainage and Fload Control District, Denver, Colorado . Scai ng 9aIIey. F~asorG Boise. and9da Cauru:irs Aaaltlai~Caaa+/Qmrs YIIG3os~-IA~o~t gmmCxnl~C~a BmQ~Catal~~ Ve~ICaa-0~ Pab~te~ i~77ti~aemangR 1606Rmaa ~EaCt9reect~ dlte~ QtCb'J' At -^~ °.~.D..aS70~t 8m~.~. Mama+Na~~. iSnS~t1~E . . ~dwtisa c~o.~ma~ov aua~~wans a~os~serta~ r;~aus~,Haa..io. ecsyPatst'~~~ 12d~Asi6as.Q d*bstFh~t s~ K:>::~m~a~ auaazA,.eeaa~ Naa~o~e:27•teao ~u>`rt-;.sae S .HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Cterk JANICE L. GASS, Cily Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN W ALT W MORROW 33 EAST IDAHO SHARI STILES ~~%!='~,r? ~I/„~I annerBZoningAdministrator MERIDIAN, IDAHO 83642 f'ti r_-~',~: ,;_ ~ ,, ~ ~ JIM JOHNSON ~-~ J Phone (208) 888-0433 ~ FAX (208) 887813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 ~ ~, ,µ ~ ~~ ..~ r t '^ t JJ GRANT P. KINGSFORD Mayor 1'l.4,'d;~J~ ink. °,";-`:-~ I TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning $ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Cierk by: March 7, 1995 TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95 REQUEST: Conditional Use Permit for Children's Learning Center Day Care BY: Rick and Georgians Elliott LOCATION OF PROPERTY OR PROJECT: Lot 7, Block 2 of Honor Park Subdivision JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR ~NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM 8 FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM 8~ FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and waste ways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that irrigation water be made av ailable to all developments within this District. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final marring , f'.nnrarY Donna Moore at 343-1884 or . 466-7861 for further informar;~n_ G3t~GP ~r.~.,.. Bi H~ n n Nampa & Meridian Irrigation District RECEI ElD MAR - 9 1995 CITY OF MERIDIAN r • • 'ha.~~rt~a & ~~i~c~dtaot ~I~ctgat~ot Dia~Ctet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Rick A. and Georgiana L. Elliott 1903 North Waterfall Avenue Meridian, ID 83642 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Bright Beginnings Learning Center Dear Mr. and Mrs. Elliott: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent William A. Hon /City of Meridian enc. 1 ~~ I~ECEI~7ED MAR - 9 1995 CITY OF MERIDIAN APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PRO1ECi RIGHTS - 40,000 7 March 1995 MERIDIAN CITY COUNCIL MEETING: APRIL 18.1995 APPLICANT RICK AND GEORGIANA ELLIOTT ITEM NUMBER; 10 REQUEST; REQUEST FOR A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER AGENCY COMMENTS CITY CLERK: MINUTES FROM 3-1495 P & Z MEETING CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS l~ ~~ ~~' ~ Q~ ~ ~ ~~' ~~ ~~ ~~ ~~ ~ 1 ~ Q ' Q U~~ ~~~ ~1 Materials presented at public meetings shall become property of the City of Meridian. • • Meridian Planning & Zoning Commission March 14, 1995 Page 19 Johnson: Just basically encapsule what you have planned there or you can just make yourself available for questions, whatever you want to do. Alger: I am going, I already have an existing shop in one building, I am just moving it over to another building. I am going to add, it is a historic home built in 1908, it is going to be restored and eventually registered. There are 3 rooms upstairs that I would like to make into office studios, in other words one person office, non-traffic type offices. Johnson: This is just like 2 doors down from the east to where you are now. Any questions of Gwen? Hepper: Did you see the comments from the Meridian Fire Department? Alger: Yes Hepper: It said if the upstairs is opened up to the public the upstairs will need to be changed to meet the codes. Alger: And the upstairs won't be open to the public. Johnson: Thanks Gwen, this is a public hearing is there anyone that would like to address this application in front of the Commission? Seeing no one then I will close the public hearing. We need findings of fact on this gentlemen. Alidjani: Mr. Chairman, I make a motion that we have the City Attorney prepare findings. Shearer: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CHILDREN'S LEARNING CENTER DAY CARE BY RICK AND GEORGIANA ELLIOTT: Johnson: I will now open the public hearing and ask that the representative for the applicant or the applicant address the Commission at this time. Georgians Elliott, 1903 North Waterfall, was sworn by the City Attomey. • Meridian Planning & Zoning Commission March 14, 1995 Page 20 Elliott: Mr. Chairman, members of the Commission I am here as a future owner/operator to represent Bright Beginnings Learning Center for a conditional use permit. The property in consideration is located 1/8 of a mile east of the Watertower on Watertower Lane known currently as Lot 7 of Honor Park Subdivision No. 2. The property at this time is zoned commercial. The property is approximately 1 acre consisting of 208 feet across the front of the property. Located also at the front of this property is at this time a 45 foot driveway. We plan to alter this existing driveway to 30 feet across and install a second driveway also 30 feet across at the opposite end of the property for easy access to drive, smooth traffic flow pattern per the Ada County Highway District recommendations. Across the front of the property and along the street there will be a standard 5 foot sidewalk which will be in accordance with the City. The parkway between the sidewalk and the parking lot will be approximately 10 feet wide with 1 to 2 feet high planted rolling knolls of grass. The sign for the business will be placed in the center of the grass with flower gardens surrounding the sign. The sign will be in accordance with the standards of the City of Meridian for zoning and development. Flowers will be changed seasonally to add beauty to this area and in addition the flowers around the sign there will be flowers around the center. The area located around the electrical box at both entrances to the drywell will also be planted in rolling grass from varying height from 1 to 2 feet and also accented with flowers and trees around the perimeter of these objects. There will be a parking lot consisting of 25 spaces provided for customers and employees which will meet the off street parking and will be in accordance with the City of Meridian zoning and development ordinance. Paving and striping will also be in accordance with the City of Meridian. The parking lot will also include 2 handicapped spaces with cut out curbs and a graduated incline walkway to the front door that will meet the requirements of the Americans with Disabilities Act. The building to be built will be approximately 3025 square feet, it will be built out of textured gray cinder block approximately 10 feet high with a pitched roof. The roof will be cobalt steel blue which will include 2 skylights in the center. In the front there will be 2 bay windows one on each side of the front door and there will be approximately 3 windows down each side of the rear of the property. Over the windows on the side and rear will be cobalt blue awnings to add to the exterior decor and to help shade and control the heat inside. In addition to adding to the decor of the business itself these extra items will attract other business to these area. The gray cinder block and cobalt blue that has been chosen will blend in nicely with the other existing facilities within the area. The rolling grass and abundance of trees and flowers will add to the cheery atmosphere of Meridian. The advantage to having a day care center at the business complex adds to the attraction of not only future business but businesses with employees who need day care. The convenience to the businesses existing is exceptional. The hours of the day care will be from 7 a.m. to 6 p.m. Monday through Friday. A 1/2 acre of the property will be used for playground, the playground will consist of a large multi-colored play structure that will be permanently cemented into the ground. Under the structure will be decorative and safe wood chips. The rear of the property will be a replicated Old town of Meridian which will • • Meridian Planning & Zoning Commission March 14, 1995 Page 21 include a cafe, bank, police station and post office for the children to play in. The structures will not exceed 4 feet in height and can be easily moved around the property as the need arises. Winding throughout the town along the grass will be cement road (inaudible) for the children to ride big wheels and tricycles. In the middle of the road course will be a large sand box. The remainder of the area will be in grass used for play yard with a 1/2 acre being solely devoted to the play area of the use, the use of story will only be used on rare occasion when parents of our children enroll our students into some function that is to be participated in the parks such as soccer, baseball, swimming. Bright Beginnings in no way will use the park for recreational uses. I would like to license Bright Beginnings for 100 children, the building according to the Fire Department can hold approximately 80 children. Because of flexible hours and school schedules although I am requesting licensing for 100 at no time will there actually be 100 children at the site. Once the building is complete and the license is obtained will be provided to the City immediately. I currently hold an Idaho Teaching Credential. The exterior of the property will be fenced with a chain link fence of 5 feet prior to the first day of operation. Inside the perimeter of the fence 10 to 20 foot maple and aspen trees will be planted not to interfere with the operation of the City's water and sewer lines. Since the piece of property backs up to the park the tree line of the park will be continued down the west from the perimeter of the piece of property for a continuous park like setting. Any new businesses coming to the area will not only have the park to enjoy but the convenience of a day care center. Any existing irrigation or drainage crossing the property to be included in this project shall be tiled per the City ordinance and handled by our architect Jerry Wolfe. In addition Jeny Wolfe will also submit a plan for the drainage and off street parking to the City Engineer as required. Detailed site and building plans will be provided for approval as part of the building permit process by Jerry Wolfe. Do you have any questions? Johnson: I am sure we have some, anyone from the Commission? I have just an obvious question while they are thinking. And you may have answered it, but you read too fast for me, if you are not going to need it for 10 children and you said in now way would there ever be 100 children there why are you getting licensed for 100. Is there a certain breaking period there on licensing? Elliott: There is a certain breaking period on licensing and because of the before and after school kids they come in and they leave. So you would not have them on the premises all day long. Johnson: What would be the next logical step down for licensing? Elliott: 75 Johnson: And 75 isn't adequate is what you are saying? • Meridian Planning & Zoning Commission March 14, 1995 Page 22 Elliott: Not really Johnson: Anyone else have any questions? • Hepper: The City Engineer had a comment on item #7 about the size of the building being large enough to support that many children, I guess if you wouldn't have that many children in there. Does the State set the standard. Elliott: The Fire Department sets the standard how the large the building has to be to accommodate the children. Alidjani: What is the (inaudible) Elliott: 35 square feet Alidjani: Per child Elliott: Per child Hepper: And that would allow 80 children in there at any one time? Elliott: Yes, which I hope we don't have to do at one time. Crookston: I have a question, how do you control the number of children you have when there may be more than 80 there. Elliott: With adequate staff. Crookston: But I mean if it is 35 square feet per child but how many is that for, that would be 3500 square feet for 100. You could, I don't know the situation but I am posing a question. Let's say you had 95 kids there on site what would you do. Elliott: The way that I have it set up to run the business is before and after school care. The after school kids would only be there for approximately 1 1/2 hours. Meanwhile the full time children that have been there through pre-school all day have gone home. Do you see where there is a lapse there? Crookston: I am just wondering though it appears to me it is just an off sight chance that the kids that are there during the day don't go home for some reason, are you going to say that. you will take them home. • • Meridian Planning & Zoning Commission March 14, 1995 Page 23 Elliott: No, what I would do at that point is if it looks like enrollment is going to be too high I won't take them so that the center is not so full that we are busting at the seams although that would be nice. Crookston: I guess part of my question is do you intend to operate on the basis that you are only going to take so many people? Elliott: Right Crookston: So you will not have let's say monthly day care to say to Sally Smith I will take you kid for July and then it turns around and in July you have 95 other kids there and she comes in and says she wants you to take her child, what do you do? Elliott: Well she would register first of all and pay registration fees, her spot is saved and nobody can take her spot. So once you come up to your amount that you are going to take that is it you don't go over that. Because of the registration process that is how you eliminate having too many or not enough. Hopefully we will have too many. Crookston: I agree, your not out thereto not make money. Hepper: I guess another question on that is what if some of the kids weren't picked up on time due to weather or some other thing or perhaps some other kids arrived early and you exceeded your allowed use by the Fire Department? At no time according to the Fire Department should there be more than 80 students in there. Have you got any contingencies in there. Elliott: When the parents enroll the child in the center they will specifically state the times of day that there child will be there. If there child is going to be there from 7 a.m. to 6 p.m. then I will (inaudible) and not take any more to go over that amount. If they are going to be picked up at 3, they are picked up at 3, they will have an altemate person come pick them up if the parents are not available to pick them they will be called. Hepper: So you will have a list of names of altemate people if the child is not picked up you can make a phone call and see that they are picked up so that you don't exceed your capacity. Alidjani: One other question in regard to the (inaudible) how many by State law (inaudible) for the boys and girls? Elliott: 5 for boys and 5 for girls, I am going to have it separated, 10 is what is required. • Meridian Planning & Zoning Commission March 14, 1995 Page 24 Alidjani: Ten total? Crookston: That is not 10 (inaudible) Elliott: Ten toilets Alidjani: The 25 or 35 foot per child does it include the bathroom area? Elliott: It does not include the bathroom or the kitchen. Johnson: If you pull the bathroom and kitchen out then we are down in the areas of 70 somewhere. Elliott: That is where we got the 80 we subtracted the bathroom and kitchen out and multiplied it and that is where we got the 80. Johnson: If you take 35 and it is 3025 it gives 86 and then I don't know the size of your kitchen and bathroom you pull that out that would be very close to 70 something or 80. Well 1 think you can see our concern, being over crowded and not being able to comply with the safety standards for the kids. We take special care in anything dealing with children particularly day care centers, child care. Have you reviewed all these comments by the public works department? Elliott: Yes Johnson: Do you have any questions or concerns with any of the other recommendations? Either site specific? Elliott: No Johnson: No problem with parking or landscaping? Elliott: None Johnson: Does anyone else have any questions? Crookston: I just have one more, do you have your day care license now? Elliott: No, 1 cannot apply for it until the building is actually there but do 1 have an Idaho Teachers Credential in teaching at this time for Meridian. • Meridian Planning & Zoning Commission March 14, 1995 Page 25 Alidjani: (Inaudible) Elliott: I have run an in home day care out of home with 10 kids (inaudible) and I have been teaching for 6 years. Crookston: One more, how many employees are you going to have? Elliott: Seven Johnson: This is a public hearing, anyone else from the public that would like to address the Commission on this? Seeing no one then I will close the public hearing at this time. This application would require findings of fact if that is your pleasure. Alidjani: I would like to ask a question from Gary or Shari. (Inaudible) State Law (inaudible) Stiles: The Uniform Building Code requires 35 square feet per child for that kind of an occupancy. Alidjani: (Inaudible) Johnson: We can address that in the findings though. Shearer: They will address that when they do the building permit also. Johnson: Any other discussion or comments? Shearer: I move we have the Attorney prepare findings of fact and conclusions of law for this project. Hepper: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR PRELIMINARY/FINAL PLAT FOR TEN MIL E SQUARE BY ALBERTSON'S, INC.: Johnson: At this time 1 will open that public hearing and invite the applicant or his • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G.BERG,JR.,CityClerk I JANICE L. GASS, City Treasurer CITY OF MERIDIAN OBERT D. CORR E GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. t s t T w w 33 EAST IDAHO SHARI STILES er up . , aste a JOHN T. SHAWCROF Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887-4813 Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. K[NGSFORD Mayor MEMORANDUM: March 9, 1995 To: Mayor and City Council/Planning & Zoning Commission From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator Re: Request for Conditional Use Permit for Day Care on Lot 7, Block 2, Honor Park Subdivision No. 2, by Rick and Georgiana Elliott We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance. A drainage plan designed by an architect or an engineer shall be submitted for all off- street parking areas for approval by the City Engineer as required by Ordinance 557. 4. Sidewalks are to be provided in accordance with City Ordinance Section 11-9-606.B. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 6. All construction shall conform to the requirements of the Americans with Disabilities Act. Mayor and City Council/Planning & Zoning Commission March 9, 1995 Page 2 Site Specific -Public Works Department • Sewer and water assessments will be determined during the building plan review process. 2. Accesses on E. Watertower Lane are to be coordinated with the Ada County Highway District. 3. No permanent structures, trees, etc., that would interfere with the operation of the City's water and sewer lines will be permitted within the existing easements on this lot. Site Specific Comments -Planning & Zoning Department 1. Detailed site and building plans are to be provided for approval as part of the building permit process. 2. All landscaping and fencing shall be in place prior to operating day care. 3. This CUP should contain a provision for yearly review at the option of the City Council. 4. Hours of operation shall not extend beyond those represented by Applicant and approved by Council. 5. I am concerned about the impact on Storey Park and related facilities if up to 100 children will be utilizing the facility on a regular basis. Applicant should ensure facilities at day care are adequate for recreation without relying heavily on the City Park. 6. Applicant to ensure design and operation of facility will not discourage other commercial businesses from building in this subdivision. 7. Size of proposed building would not appear to support an occupancy of 100 children. 8. All parking areas must be a minimum of four feet (4') from ACHD right-of--way in accordance with 2-414.C. 9. Trees should be provided along the frontage of this property as well as in the grassed area behind the building. 10. Applicant to submit copy of license for facility prior to opening and provide evidence of operators' licenses upon request. Meridian City Council May 21, 1996 Page 3 corrections with that? Counselor: Yes I have, you and 1 discussed that today and I didn't have a chance to look at it again but I have one minor comment; I had delivered it to the City, I think last Friday and I don't recall what my comment was but it was a very minor comment, do you have that Shari? Stiles: Mr. Mayor and Council yes we did get those revisions from Wayne. We have revised the exhibit B so it fits our standard requirements, it is still basically the same. And would ask that you authorize Mayor and City Clerk to .sign that agreement. Corrie: Any questions from Council? Morrow: So then to clarify Wayne you are comfortable with the development agreement for Sportsman Pointe No. 5? Crookston: Yes, as it is changed. Morrow: 1 would move that we approve the development agreement for Sportsman Pointe No. 5 and authorize the Mayor to sign and the City Clerk to attest. Bentley: Second Corrie: Motion made by Mr. Morrow, .second by Mr. Bentley that the development for Sportsman Pointe No. 5 be signed and attested any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM 3: TABLED FROM MAY 7, 1996: BRIGHT BEGINNING LEARNING CENTER: REQUEST FOR A TEMPORARY MODULAR TRAILER: Corrie: Anybody here from Bright Beginnings Learning Center? Shari? Stiles: Mr. Mayor, I talked to the applicant just before the meeting and they asked that request be withdrawn and they may come back after the summer if they still want to pursue that. Morrow: Mr. Mayor, I would move that we withdraw the request for Bright Beginnings Learning Center for a temporary modular trailer. Meridian City Council May 21, 1996 Page 4 Rountree: Second • Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we withdraw the request for a temporary modular trailer by the Bright Beginnings Learning Center, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR RAILSIDE.SUBDIVISION BY RON YANKE: Corrie: Council? Bentley: Mr. Mayor, I have a question for Shari, approximately what is the acreage or the amount of land involved in this for the irrigation and landscaping? Stiles: Councilman Bentley and Mayor and Council, I misquoted to you before on the phone about what acreage it would be. It would be roughly, I believe it would be under a half acre for the required landscaping strips that is not including the entire subdivision that is only those planning strips that are required as part of the plat. Bentley: Thank you Corrie: Any further comments Council? Crookston: I would just have one comment in my figuring with the strips and the statements by the engineer, 1 think it was Gary Lee that said there were to be approximately 2000 square feet per lot, there are I think 13 lots. Then -with the part of the strips that Shari mentioned there is approximately 50,000 square feet in all of it. There is 12,000 square feet along Pine and 12,000 square feet along Locust Grove and 24,000 square feet in what is in the lots themselves. Rountree: That particular square footage is for landscape treatment doesn't necessarily indicate that it has to be (inaudible) landscape. Could be low maintenance shrubs, grasses in an industrial area do we have a requirement for trees? Stiles: Yes we do Rountree: Within the development or just on the frontage? Stiles: Within each development. • i MERIDIAN CITY COUNCIL MEETING: MAY 21.1996 APPLICANT: ITEM NUMBER; 3 REQUEST: BRIGHT BEGINNINGS LEARNING CENTER: REQUEST FOR A TEMPORARY MODULAR TRAILER AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: C~Z!1ir~li~I~~ OTHER: ,AEI Materials presented at public meetings shall become property of the City of Meridian. • • MERIDIAN CITY COUNCIL MEETING: MAY 7 1996 APPLICANT: ITEM NUMBER; 25 REQUEST•BRIGHT BEGINNINGS LEARNING CENTER• REQUEST FOR A TEMPORARY MODULAR TRAILER AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL. DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS 2 ~s+1 ~,,a~ ~~~ ~P~, . ~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Bright Beginnings Learning Center RECEIV~ll 510 E. Watertower Lane APR 1 1 1996 Meridian, ID 83642 CITY dF MERIDIAN (208)884-0383 April 10, 1996 City Council, We would like to request a time to be put on the agenda to ask for permission to add a modulaire trailer to our existing property. Our learning center opened on Sept. 5, 1996 and as of Dec. 1996 we are full. With the extensive waiting list that we now have we would like to put a trailer on our property in order to better serve our existing children and to service more of the children in our community. This request for the trailer would only be temporary until we could build another building. This trailer would contain three full class rooms and a bathroom. We would install this building to be pleasing to the public and safe and accessible to all of our parents and children. Please let us know as soon as possible of an agenda date. Sincerely, ~~ • • Meridian City Council May 7, 1996 Page 93 ITEM #24: REQUEST FOR TIME EXTENSION ON FIELDSTONE MEADOWS NO: 4: Corrie: The final plat was approved on 5-3-94 one extension was given, it needs approximately 3 more months to record the plat. The mylar is in hand awaiting signature. Morrow: Mr. Mayor, I think their request is for a six month extension. Corrie: That is correct. Morrow: I move we grant a six month extension for the plat for Fieldstone Development. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that we the six month time extension be approved for Fieldstone Meadows Subdivision No. 4, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #25: BRIGHT BEGINNINGS LEARNING CENTER: REQUEST FOR A TEMPORARY MODULAR TRAILER: Corrie: You have that request by letter from Georgia Elliott. What is the Council's pleasure? Morrow: I note on this request that don't establish a time. Historically temporary structures like that have been limited to a one year time frame. Has it been the six months the first time or a year with six month renewals? Crookston: Generally six months at a time. Morrow: I would move that we grant the request for the temporary modular trailer, I am sorry, scratch that. Stiles:. I would like to make sure that we have some input from the Fire Department that even allows something like this to be done. I don't know that we have had any response from them at all but I would think that there are some other restrictions that you can't just set up a mobile home and call it a day care. Morrow: Isn't this for the day care that has been recently completed on Watertower just before you get to the police academy. It is a separate-free standing building? .. ,. .. ,'' . . • Meridian City Council May 7, 1996 Page 94 • Stiles: Yes crow: And what they are asking for is a modular classroom to be put on their property Mo is that correct? they may have sprinkler Stiles: Yes, but depending on the occupancy that is given, requirements, they may have, I just don't know. I woul ea a nd do It and then we gethn Fire Department though before we tell them to go ah trouble. Corrie: We don't know how many kids are going to be in it anyway. Morrow: Let me ask you this what .kind of requirements do we have with the school district when they put up a modular? Stiles: Probably none, they probably don't ask. (Inaudible) Morrow: Well I tell you what let's do then, let's move to table until the 21st so you can generate that information. Stiles: Didn't you think that they-would be here and maybe tell you where they would put it. Morrow: Not at twenty minutes to two. Stiles: Well if they are tabled then they will be up at the top of the next agenda. Rountree: Was that a motion? Morrow: Yes it was Rountree: Second Come: Motion made by Mr. Morrow, second by Mr. Rountree t aat 21 stu n9hwe get more Learning Center request for a temporary trailer be tabled until M y information and also from the Fire Department, any further discussion? All those in favor? Opposed? Morrow: Shari, you might notify them that they need to come or it would be to their benefit • Meridian City Council May 7, 1996 Page 95 to come. Stiles: (Inaudible) , ITEM #26: GREGORY LIFT STATION CONSTRUCTION AGREEMENT WITH MARIAN CROSSLAND: Crookston: I can present that, the Gregory Lift station, the City has granted a contract to improve to redo that lift station. Mrs. Crossland had constructed a shed on the easement, she claimed that she had consent to do that from Earl Ward who was the previous superintendent. The City to redo the lift station needed some additional agreement from her the City got the property owner to the north to grant some additional use of some additional of his land. What she is doing is giving. the City not giving but posting a $250 bond. John Shawcroft indicates that $250 if something should go wrong should take care of it. This is an agreement so that the City can go and use the property and that she posts the $250 bond. Tolsma: (Inaudible) Crookston: I am not sure Ron. Tolsma: (Inaudible) Crookston: It is on 7th I think. Tolsma: (Inaudible) Smith: It is West Washington and something (inaudible) Tolsma: (Inaudible) and she said. Earl Ward gave her permission to build that shed? Smith: Idon't -know that he did. Tolsma: Earl Ward wasn't even working there when they bought that property (inaudible) Crookston: This lady I think has lived there for three years. Smith: When I first became aware that the building had been built over the easement it was being lived in by someone else. Crookston: That is correct • Meridian City Council April 18, 1995 Page 17 Con-ie: Mr. Mayor, I have one question, Gwen, have you read all of those staff, you have no problems with those? Mr. Mayor, I move that we approve the request for conditional use permit for the gift shop and office use for Brent and Gwen Alger. Morrow: Second Kingsford: Moved by Bob, second by Walt to approve the conditional use permit for a gift shop and office use by Brent and Gwen Alger, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: CONDITIONAL USE PERMIT REQUEST FOR A DAY CARE CENTER BY RICK AND GEORGIANA ELLIOTT: Kingsford: Is there any questions of the Council on the issue? Have you seen the findings on that, any problems there? Is there a motion on the findings? Morrow: Mr. Mayor, I would move that we approve the findings of fact and conclusions of law as written for the Planning and Zoning Commission. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the findings of fact and conclusions of law as prepared by the Planning and Zoning Commission for Rick and Georgiana Elliott for a day care center, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? (End of Tape) Morrow: Mr. Mayor I would move that the City of Meridian 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. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the Conditional Use Permit for a Day Care center by Rick and Georgiana Elliott conditioned upon the conditions in the findings of fact and conclusions of law, all those in favor? Opposed? Meridian City Council April 18, 1995 Page 18 MOTION CARRIED: All Yea ITEM #11: AMENDED ELK RUN SUBDIVISION NO. 2 FINAL PLAT: Kingsford: Does Council have any questions on that? Morrow: I have some questions, and primarily due to confusion I think. Coupled with this information on Elk Run we also had a letter from Nampa Meridian talking about participation in the tiling and piping of the ditch and then we had a letter in today's or this afternoon from City Attorney Crookston talking about he thinks the City should require a letter of credit or a cash deposit on the piping of the Kennedy Lateral before we allow any additional building permits or approval of final plat that is on today's agenda. I guess and reading this over, it is not very clear in my -mind, I thought that what we had done in Elk Run Subdivision was is that on 2 different occasions in my time we had indicated that they needed to the that lateral and it appears to me that if I understand this correctly the lateral is not tiled and that apparently the Elk Run folk have cut some sort of deal with Nampa Meridian by virtue of the copy of a letter to Jack Boon from John Anderson stating that in the Fall of 1995 which is 6 months from now that they will participate in donating the machinery or putting the machinery there to lay the pipe. I think I am in complete agreement with Mr. Crookston given the fact of the history of this particular subdivision that we need substantially more guarantees that this is going to take place and so I guess I would like Gary Smith or someone to enlighten me as to how we got to this situation that we are at now. Kingsford: Well, I think in part and you might correct me if I am wrong somewhat, but in part we had misrepresentation of ownership. The people that actually are the owners have basically struck a deal with Nampa Meridian, you don't want to pipe during the irrigation season and 1 think as I see it that is the deal now they have struck with Nampa Meridian. I think Wayne's comment is correct and I just clarify one thing that you said is not for doing the project necessarily but for the value of the pipe and materials because Nampa Meridian has obviously said they are going to do the work. Crookston: Mr. Mayor, I have had a discussion with the Attorney I guess representing Elk Run, (inaudible) Bill Hart, he is not in management of that any longer. The Attorney who is Alan Camron indicated to me this morning that they had deposited a letter of credit with the Nampa Meridian Irrigation District to have the work done. The only thing I would suggest is that we get verification from Nampa Meridian that that in fact has been done. Kingsford: I think Mr. Berg is telling me that he has been in contact with their Attorney and has refused to sign the plat until he has that. . HUB OF TREASURE VALLEY OFFICIALS A GOO(1 PIaCe t0 L1VC COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON CI TY OF MERIDIAN ROBERT D. CDRRiE GARY D. SM THS P.EyCity Eng near WALT W. MORROW BRUCE D. STUART, Water Works Supt. s 33 EAST IDAHO SHARI STILES upt. JOHN T. SHAWCROFT, waste water Planner 8 Zoning Administrator KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887-4813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 7, 1995 TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95 REQUEST: Conditional Use Permit for Children's Learning Center Day Care BY: Rick and Georgians Elliott LOCATION OF PROPERTY OR PROJECT: Lot 7. Block 2 of Honor Park Subdivision JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM INAL PLAT) CITY FILES OTHER: - 5 YOUR CONCISE REMARKS: RECEIVED FE8 2 1 X995 CITY OF MERlDlAN • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this 18th day of April , 1995. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVE~~~~,~,~-- VOTED VOTED VOTE VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Rick and Georgiana Elliott _Conditionai Use Permit -Day Care Center L~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 11.1995 APPLICANT: RICK AND GEORGIANA ELLIOTT AGENDA ITEM NUMBER: 7 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: ~ ~ ~ CITY BUILDING DEPT: ~ !~ MERIDIAN SCHOOL DISTRICT: C/~ MERIDIAN POST OFFICE: ~~ %~ r ~~~ ~''" ADA COUNTY HIGHWAY DISTRICT: G(; ADA COUNTY STREET NAME COMMITTEE: ~p J'~_ 2 CENTRAL DISTRICT HEALTH: G(; ~ /I -_ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~ Materials presented at public meetings shall become property of the City of Meridian. L~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: MARCH 14.1995 APPLICANT: RICK AND GEORGIANA ELLIOTT AGENDA ITEM NUMBER: 11 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR CHILDREN'S LEARNING CENTER DAY CARE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS r CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS ~11~ V CITY ATTORNEY: Q CITY POLICE DEPT: "REVIEWED" ~ ~ - CITY FIRE DEPT: SEE ATTACHED COMMENTS ~ /- ~Y lei CITY BUILDING DEPT: `-~ (~l, MERIDIAN SCHOOL DISTRICT: ~ ~, ~~ ~e ~' ~ y MERIDIAN POST OFFICE: ..~~ ADA COUNTY HIGHWAY DISTRICT. SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION: IDAHO POWER: US WEST; INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: A!I Materials presented at public meetings shall become property of the City of Meridian. •;G~riL JAMES E. BRUCE, President SHERRY R. HUGER, Vice President SUSAN S. EASTLAKE, Secretary TO: ACHD Commission PQ~ ?'NTER-DEPARTMENT CORRESPONDENCE P4C"UWATER/DSTECH 3-8-95 n.ATE: March 6, 1995 FROM: Development Services SUBJECT: Conditional Use Watertower e/o E. 1st St Day Care Center (Applicant - Rick & Georgiana Elliot, 1903 N. Waterfall Ave., Meridian, ID 83642) (Representative - same) FACTS & FINDINGS: 1. The applicant is requesting approval of a conditional use . permit for the operation of a day care before and after school far up to 100 children. The property contains approximately 1.0-acres and is located on Watertower Lane approximately 1/4 mile east of E. 1st Street, Lat 7, Block 2, Honor Park Subdivi- sion. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian FILE - Conditional use ACRES - 1.0 SQUARE-FEET OF PROJECTED BUILDING - 3,025 ZONING - Commercial - C-G ESTIMATED VEHICLE TRIPS PER DAY - 456 TRAFFIC ANALYSIS ZONE - 281 L.F. OF FRONTAGE ON Watertower Lane - 209 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - None EXISTING RIGHT-OF-WAY - 60-feet REQUIRED RIGHT-OF-WAY - No additional Watertower Lane is improved with a 41-foot street section with curb and gutter on bath sides. There is no sidewalk adjacent to the parcel, however the south side of Watertawer Lane is fully improved with 5-foot sidewalk. ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Meridian Condition ~ Watertower e/o E. 1st •Day Care Center March 6, 1995 Page 2 • IMPACT FEE BENEFIT ZONE - WEST ADA IMPACT FEE ASSESSMENT DISTRICT - WESTERN CITIES 3. There is currently one 45-foot wide access at the site. The applicant's site plan shows two 45-foot wide driveways on Watertower Lane. However, the applicant is proposing to con- struct two 24-foot to 30-foot commercial driveways. 4. Staff recommends that the developer be required. to construct sidewalk on Watertower Place abutting the site. This require- ment was not made on the preliminary plat approval. One of the ten parcels on the north side of Watertower Place have been developed. Staff will recommend that this site and the remaining six lots construct sidewalk as they develop, since the intended industrial use does not seem to be actually occur- ring. Uses with more intensive pedestrian activity are being developed. 5. This application is scheduled for public hearing by the City of Meridian Planning Commission on March 14, 1995. The following requirements are provided to the City of Meridian Planning & Zoning as conditions for approval. • SITE SPECIFIC REQUIREMENTS: 1. Construct 5-foot sidewalk abutting parcel. 2. Two accesses to the site are permitted. The driveways shall be 24 to 30-feet wide, separated by a minimum. of 50-feet, and located, if possible, 25-feet from the side property lines and a minimum of 50-feet from any driveway on the adjacent parcels (near edge to near edge measurements). 3. Replace unused portion of curb cut on Watertower Lane with standard curb, gutter and sidewalk. STANDARD REQUIREMENTS• 1. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACRD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit • pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. Meridian Condition ~e watertower e/o E. ls~ Day Care Center March 6, 1995 Page 3 r 1 LJ • 3, A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Karen Gallagher • ~ • h , Z G ~ ~ i ~ ~ ~ ~ ~ ~ z c+~ ~ 2 ~' ~ Q ~. ~ ~ -~ Q ~ ~ Q O ~ ~ i ~ ~ Z~ ~br :, __ ___.. ~ ---- • •~~ Of ~ N ~ ti m ~1~ _. i O O~ ~-Z ~ J ~ ~ t Q ~~ ~o~ ~~~1va15 .i__ ... to ~ _ D J a I ~ N Z 41 U Jw~ ~n ~ivNnf~HO] '3 ll. T ~ m .~ / ~' Z Z Y ~ = Q a~ w 0 ~~ a / O Q M (~ ~ G v i 2 c~ ~ J ~ -. -- N w 3 ~ N N Q y-. 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