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Home My WebLink AboutWalgamott, William & Cindy CUP (2)OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty 7reaaurer GARY D. SMITH, P.E. Clty Enplneer BRUCE D. STUART, Water Works Supt. JOHN T. 8HAWCROFT, Waats Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI 8. STILES, P 3 2 Adm. KENNETH W. BOWERS, Flre 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) 887-221 I GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW P t. Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJAN I JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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:_,luly 11, 1995 TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95 REQUEST: Conditional Use Permit for a Day Care BY: William and Cindy Walgamott LOCATION OF PROPERTY OR PROJECT: 1915 W. Cherry Lane JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z 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 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: av„~. ~ ~~ s G.cGS- i~~ HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: William & Cindy ?aal~amott PHONE: 343-658 ADDRESS: 301^ i. 2°th Boise, ID °3703 SOCIAL SECURITY NUMBER OF APPLICANT: 518-93-6053 519-96-0658 GENERAL LOCATION:__ 1915 W. Cherry Ln. DESCRIPTION OF PROPOSED CONDITIONAL USE: Day Care ZONING CLASSIFICATION: L-o 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 (sub it 35 copies). i ~ q vV , D Signatu of A plicant 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 CONTENTS OF CONDITIONAL USE APPLICATION Item f~5: Existing Use: Residential House. Item i~6: Use of subject property: Occupied as Residence. Item ~~7: Proposed Use: Day Care Center. Item ~P10: Conditional Use Desirable: Location, Lot Size, Condition of Structure. June 5, 1995 William 4Jalgamott A ~ ~. City of Meridian June 5, 1995 :;:, ~ L. f~;iz,.s~. 'ti J~/'/ " ive permission to William Walgamott to a 1 for a conditioJnal use permit for a Day Care, at 1915 W. Cherry Ln. PP Y Meridian, ID. 83642. ACKNOWLEDGEMENT -Individual STATE OF Idaho ,County of Ada , ~, On this 5th day of June in the year of 1 99 5 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Anne L Plough is known or identified to me to be the persotL_ whose name She subscribed to the within instrument, and acknowledged to me that executed the same. ~~ EGA !'-" "' NoTAR * ~~~ 1 ~ ~4Fpg~}~ f~ ~~ r~ of Iv ~;;••' ~n ure: Ann Eggers •. c~ o~ Pri~~> gates v..~..e Trla}]O - 9/26/2000 400-1 I/BS William Walgamott will pay any additional trash, sewer, or water fees associated with the purchase of 1915 W. Cherry Ln. in Meridian. 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V I o ARD~ ] o o,Lp° \ R90353200'~90353100 b I ! ~ .,ate i .,o I ,pop I Sop II pq~35310 6 ~ I R9( `b~' ^ry ^zZ 89035320 a , :. I + R90353i03B~~ ~ ny~ ~ '~°~ ~ '~b~ pgo3531 d90353f0 X31 'g6iT ~I rnn~ nh I d i I --1 5 ,. I n O O 30 I .. OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUAR7, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 6 Z Adm. KENNETH W. BOWERS, FlreChief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMOR, TO: FROM: DATE: SUBJEC' This prop Homes aF appear to 1. A P z 2. 3. 4. .. 5. 6. .... he 7. HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 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 MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW P b Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER lnnd Iven Auld icap ;ned .n to w. ,sod ould • MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 11.1995 APPLICANT: WILLIAM AND CINDY WALGAMOTT AGENDA I TEM NUMBER: 24 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A DAY CARE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: X11 Materials presented at public meetings shall become property of the City of Meridian. 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. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY MEMORANDUM: A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; .WILLIAM & CINDY WALGAMOTT - 1915 W. CHERRY LN. (Request for Conditional Use Permit -Day Care Facility) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER July 7, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. A drainage plan designed by an architect or an engineer shall be submitted and required for all off-street parking areas and shall be approved by the City Engineer (Ord. 557, 10-1-91). 3. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414. D. 3 4. 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. 5. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 6. Sanitary Sewer and Water to this facility would be via. existing city services. Applicant needs to provide the Public Works Dept. with information as to the number of people who will be occupying the facility. Additional assessment fees for sewer and water service above those existing for the residential use will be determined from the information provided. Applicant will be required to enter into a re-assessment agreement with the City. 7. Remodeling plans shall be submitted to the Building Department for review & approval. C: \ WP WIN60\GPNERAL\ WAI.GAMOT. C UP OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, CIry Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waats Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P S Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX VERRINGTON ROBERT D. CORRIE WALT W. MORROW P ft Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANt JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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 St Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:,~ly 11 1995 TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95 REQUEST: Conditional Use Permit for a Day Care BY: William and Cindy Walgamott LOCATION OF PROPERTY OR PROJECT: 1915 W. Cherrv Lane JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 606 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(PREUM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRE IM 8~ FINAL PLAT) BUREAU OF RECLAMATI P LIM & F / PLAT) CITY FILES ~, ~' OTHER: YOUR CONCISE REpAARK ~;, __ .~~. ~~ ~: ~i'~'1' O~ ~~~''l~1~; CENTRAL ~~ DISTRICT ~,~'NFi~LTH DEPARTMENT CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: " ::, .. Rezone # ~~.... Conditional Use # ~~~~~~ ~~' C~^'0~ 'N '4~ ~ ' T Preliminary /Final /Short Plat /~~S G~- C/~-r~y ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ ACZ ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. 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, This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. 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 ^ 9. 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 ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. "~.. 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ,,'® child care center /_ ~i ^ beverage establishment ^ grocery store Date: `~ / ~~`~ / `,~ ^ 15. Reviewed By: Revie Sheel CDHD 10191 rcb, rev. I/9S ~~ ~ridl ~I~H~ . 4 _-- ~r'I ~~61 N s I -_ p .' S J ~.. HUB OF TREASURE VALLEY 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. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor September 7, 1995 Mr. Bill Walgamott 3019 N. 28th Street Boise, ID 83703 Re: Conditional Use Permit for Daycare 1915 W. Cherry Lane Dear Mr. Walgamott: COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER Your conditional use permit was approved at the Meridian City Council meeting of 9/05/95. You are authorized to begin operation upon your compliance with all staff and agency conditions and the conditions outlined in the Findings of Fact and Conclusions of Law prepared for your application and Meridian City Ordinances. If you have any questions, please do not hesitate to contact me. Sincerely, CITY OF MERIDIAN ~~~~~ Shari L. Stiles Zoning Administrator cc: Fire Department r MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 5.1995 APPLICANT: WILLIAM AND CINDY WALGAMOTT ITEM NUMBER; 24 REQUEST; CONDITIONAL USE PERMIT FOR A DAY CARE ICY COMMENTS CITY CLERK: MINUTES OF 7-11-95 P ~ Z CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW 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: "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: ~ Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission July 11, 1995 Page 36 City Council's agenda. At our next meeting there will be no further testimony like we did the ones tonight that you had to sit through. If you have any further questions you can talk to our City Clerk Will Berg or Shari Stiles during normal work hours. I am being told that perhaps we can give you a final decision if we determine it is an accessory use permit at the next meeting. We don't have very many of these they come up only once or twice a year. It is a very narrow definition of what will be permitted under an accessory use. ITEM #24: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A DAY CARE BY WILLIAM AND CITY WALGAMOTT: Johnson: I will now open the public hearing and invite the Walgamott's representative or themselves to appear before the Commission and state what you plan on doing. William J. Walgamott, 3019 N. 28th Street, Boise, was sworn by the City Attorney. Walgamott: We are requesting approval for a conditional use permit for the day care facility at 1915 West Cherry Lane. 1 received many documents, 1 can't confirm what each document is I am not that familiar with them. Several of them have a lot of stipulations, a lot of requirements. Some of them are by the highway department or the highway district excuse me. I received also another document on comments by the planning committee. All of those things in there we plan to comply with. It is already set up the building is already set up with a circular drive way. It already has the curb cuts in the sidewalk which we plan to use. We are going to do a one way drive thru as not to obstruct the traffic. The traffic will be flowing on, I am trying to think which way, it would be west bound traffic. Traffic will enter in from the west bound side, it will be adequate parking spaces there for all of the parents to be able to drive into. There will also be parking along an existing driveway and parking area presently for employees. We will do the one way so the parents are not backing out, we don't have people coming out 2 different ways obstructing view of another person. Compliance with the hours, I was just handed a notice here by Shari Stiles the hours are well within our operating hours. I don't believe we will open at 6:00 at the earliest 6:30 and we will definitely be going past 6:00 in the evening. I presently run a day care in Boise and I know personally just from working I don't want to be working past 6:00 and I know my neighbors don't appreciate that either. That is one of the things we want the neighbors there to understand. We also keep good control, the time limit that the children are outside is not going to be early in the morning. They will be going out at certain times mostly during the summer months it will probably be like from 10:00 to 11:00, 11:30 or so simply because of the heat. The respect for the neighbors, I am sure in that area there will be neighbors that aren't going to get up until maybe 9:00 or so. I personally wouldn't want a whole bunch of kids out or even a dozen kids out in the back yard playing and yelling and what have you interrupting my sleep. Every thing that we have found with the property, the building fits perfectly for what we were looking for. Meridian Planning & Zoning Commission July 11, 1995 Page 37 The access, I mean it is a perfect spot in everything that we could find for a day care center in this area. It is an upgrowing area, there is not any day cares really in the vicinity of us of where we are trying to do it at. Now I am speaking on that from the way it is in Boise, now in Boise in a mile radius of my house I could probably name at least half a dozen large centers, 1 have one just down the street from me that takes in 1 think approximately 80 children. Which is right smack dab in the residential area on 28th Street and we do hear their children in the day time. But as far as out here I don't believe there are that many others around. Johnson: Okay, any questions of the applicant? Crookston: How is your backyard, is it fenced? Walgamott: The backyard presently is fenced and it has a 6 foot wooden fence. It is the dog eared fence as far as the top, it is completely closed together so there is not a way for children to put things through the fence and if there are pets on the other side they are not going to be teased and things like that. We will be fencing another portion of the yard which is along the side of the house which would be facing the highway Cherry Lane. We will also be fencing another side which will be coming from as you can see, I believe you have the little diagram there, where the shed is where the auxiliary building that will be fenced up to the garage. It will all be completely fenced in, the yard will be completely fenced so there will be accessible gates but there will not be any open areas for that. Crookston: I am not familiar with the property exactly, but I am aware that there is a house along Chevy Lane on the east side of Linder that has a pool, does this have a pool? Walgamott: No sir Johnson: This is the old house that use to be there. Walgamott: Yes, it is an older white house with a gravel roof. Crookston: I was just trying to think of the older owner. I was aware of the name but it slips my mind now. He owned that entire 80 acres there. Walgamott: I would assume so, the house looks, I am not sure of the exactly building or when it was constructed, but it is older. Crookston: What concerns me along Cherry Lane, are you going to require that the children be dropped off in that curve driveway rather than off of Cherry Lane. Can somebody stop on the curb and let their kids jump out. Meridian Planning & Zoning Commission July 11, 1995 Page 38 Walgamott: No, being in compliance with the highway district they said no one can park on Cheny Lane and a requirement of the parents will be that they bring the children inside the facility not just drop them off at the door, but they are going to be required to walk inside the facility and sign in. That is a recommendation by us for the child's safety, for our safety so we know that child has been brought in. Crookston: What kind of, I assume you have gates on your fences, are they easily opened and closed or are they going to be structured so that children cannot, children can do lots of things. So they cannot be easily opened. Walgamott: Currently there are no gates, the areas that we will be fencing that are not presently fenced we will put access gates in. No they will not be easily accessed, we will put a little clip, just a spring loaded clip, 1 don't know how else to call it, just a little clip so that it hooks onto the gate latch itself so that if someone does need to get in or out they can unhook that. Most children on a 6 foot fence unless they bring over several toys and stack them up would not be able to reach that clip to get out. The purpose of that is just to keep him in that contained area. Crookston: How many children are you planning on caring for? Walgamott: Righ# now we are anticipating under 45, simply because the size of the structure we have was 1600 square feet. Computing that out we can do 45 children. We will not know an exact number yet until we get the fire department to come in and tell us and the State Health and Welfare they need to come in and do inspections also. Crookston: You will be obtaining a health and welfare license a day care? Walgamott: Yes sir. Crookston: Thank you Rountree: What ages of children will you be looking after? Walgamott: Currently we are still deciding that more than likely it will be probably 2 years old up to after schoolers. Rountree: No infants? Walgamott: Right not we prefer not to take infants. Rountree: You talked about the minimum or you would, I have a drawing in our packet Meridian Planning & Zoning Commission July 11, 1995 Page 39 indicates a proposed bedroom. Would that proposed addition add to that number? Walgamott: What I am estimating, this is my personal estimation and that should bring us right up to the 1600 square feet with that proposed and that is a garage that is already finished, it has already been sheet rocked and everything it just needs to go in and be taped and textured. Removal of the garage door, it already has large windows in there and that is because they take out the kitchen area and the bathroom areas when they figure that and any storage closets, they take out those areas when they figure the amount of children you can have. Rountree: The sole use of the building would be for a day care, there will be no residential use there? Walgamott: No sir Johnson: Any other questions? Thank you, this is a public hearing, anyone else like to address the Commission on this application for a day care center? Seeing no one then will close the public hearing. This would require findings of fact. Shearer: Mr. Chairman I move we have the City Attorney prepare findings of fact and conclusions of law on this project. Rountree: Second Johnson: It is moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law for the application for a day care by the Walgamott's, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #25: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A SIDEWALK CAFE BY HARRY'S BAR AND GRILL: Johnson: At this time I will open the public hearing and invite the applicant to address the Commission or his representative. Steve Youngerman, 5451 South Caper Place, Boise, was sworn by the City Attorney. Youngerman: I got the input from the City staff on my request for a conditional use permit and I have kind of prepared some responses for that. I have copies for everybody. Do you have the drawing that we made in your packet? Essentially what we want to do is to put 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. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; WILLIAM & CINDY WALGAMOTT - 1915 W. CHERRY LN. (Request for Conditional Use Permit -Day Care Facility) Crf11NC11 IWPWIRFIiR RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER July 7, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. A drainage plan designed by an architect or an engineer shall be submitted and required for all off-street parking azeas and shall be approved by the City Engineer (Ord. 557, 10-1-91). 3. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3 4. 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. 5. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 6. Sanitary Sewer and Water to this facility would be via. existing city services. Applicant needs to provide the Public Works Dept. with information as to the number of people who will be occupying the facility. Additional assessment fees for sewer and water service above those existing for the residential use will be determined from the information provided. Applicant will be required to enter into a re-assessment agreement with the City. 7. Remodeling plans shall be submitted to the Building Department for review & approval. c:~wPwtx6rncENgtAt.~wat.caMOT.cuP ' OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 8 Z Adm. KENNETH W. BOWERS, Fire Chlef W. L. "BILL" GORDON, Polfce Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: TO: Planning and nmg Commission, Mayor and Council FROM: Shari L. Stiles, Planning and Zoning Adminlstrator DATE: July 11, 1995 COUNCIL MEMBER8 RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 3 Z COMMISSION JIM JOHNSON, Chalnnan MOE ALIDJANI JIM SHEARER CHARUEROUNTREE TIM HEPPER SUBJECT: Conditional Use Permit for a Daycare at 1915 W. Cherry Lane by William and Cindy Walgamott This property was rezoned to L-O in September of 1993 and was processed as the Springhaven Homes application. Initially proposed for a real estate office, the location and zoning would appear to be an ideal location for a daycare center. 1. All parking and driveway areas will need to be paved prior to opening. Handicap parking space must be a minimum of 8' wide with an 8' access aisle and be signed appropriately. 2. Sewer and water assessments will need to be adjusted for this more intensive use. 3. Applicant to comply with all fire and life safety codes and keep number of children to approved levels. 4. Hours of operation should be restricted to 6:00 a. m. and 6:00 p. m. 5. This conditional use permit, if granted, should contain a provision for yearly review. 6. Cherry Lane is an entrance corridor and should therefore be nicely landscaped with sod and trees. As driveway is going to be a one-way in, one-way out, driveway width could be reduced to allow additional width of landscaping (7' shown). HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 7. Design and placement of all signs needs to be shown. C~Op~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WILLIAM AND CINDY WALGAMOTT CONDITIONAL USE PERMIT 1915 W. CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing July 11, 1995, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 11, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 11, 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; 2. That this property is located within the City of Meridian and the Applicant is not the owner of the property; that the owner is Anne L. Plough and she gives her consent for this application; that the property is currently zoned L-O Limited FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 WALGAMOTT Office; that the intention of the Applicant is to operate a day care for children 2 years of age and up to after schoolers and preferably no infants; that with the proposed addition of making the garage a room, the square footage of the day care would be 1,600 feet; that this will be a day care facility and not used as a residence; that the plans are for this facility to handle up to 45 children; that the Applicants are applying for a license from the Department of Health and Welfare; that the hours would be from 6:30 a.m. to approximately 6:00 p.m.; that the backyard is fenced with a six (6) foot wooden fence, no gates, and that another portion, involving the shed area and garage, would be a fenced area not accessible to children but would have spring loaded gates for access; that there will be a one way drive through access with adequate parking space; that children will not be dropped off from Cherry Lane, but would need to be brought into the facility and each child signed in by the parent/guardian; that the comments received from the Planning Director, Assistant City Engineer, Ada County Highway District would be complied with. 3. That a day care center is a permitted use in the L-0 District under a conditional use permit; the Limited Office Zone requires a conditional use permit for the operation of a day care center caring for thirteen (13) or more children, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 4. That the L-O District is described in the Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 WALGAMOTT Ordinance, 11-2-408 B. 7 as follows: (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not .involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 5. The Applicants requests that a conditional use be granted for the operation of a Day Care Center. 6. The Assistant to the City Engineer submitted comments which are incorporated herein as if set forth in full; the comments address the off-street parking requirements, drainage, outside lighting, paving and striping, and signage shall meet all Meridian City Ordinances; that sewer and water are available but the use may require additional charges or fees. 7. That the City Planning and Zoning Administrator, Shari Stiles submitted comments which are incorporated herein as if set forth in full; that all parking and driveway areas will need to be paved prior to opening; that a handicap parking space must be a minimum of 8 feet wide with an 8 foot access aisle and be signed appropriately; that all fire and life safety codes be complied with; that the number of children be kept to approved levels; that the hours of operation be restricted to 6:00 a.m. and 6:00 p.m.; that the entrance corridor of Cherry Lane be landscaped with sod FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 WALGAMOTT and trees. 8. The Ada County Highway District submitted comments and they are hereby incorporated herein; that the driveways shall be a minimum of 20 feet wide and a maximum of 24 feet wide and shall be signed as one way with the westerly driveway enter only and the easterly driveway exit only with no additional driveways permitted; that a minimum of two additional standard on-site parking spaces be provided (total 10); that no parking shall be allowed on Cherry Lane; and that utility street cuts in the new pavement on Cherry Lane will not be allowed unless approved by the District Commission. 9. Nampa-Meridian Irrigation District submitted comments and they are hereby incorporated herein. 10. Central District Health Department submitted comments and they are hereby incorporated herein. ~~ 11. That there was no public testimony given at the hearing. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 WALGAMOTT and trees. 8. The Ada County Highway District submitted comments and they are hereby incorporated herein; that the driveways shall be a minimum of 20 feet wide and a maximum of 24 feet wide and shall be signed as one way with the westerly driveway enter only and the easterly driveway exit only with no additional driveways permitted; that a minimum of two additional standard on-site parking spaces be provided (total 10); that no parking shall be allowed on Cherry Lane; and that utility street cuts in the new pavement on Cherry Lane will not be allowed unless approved by the District Commission. 9. Nampa-Meridian Irrigation District submitted comments and they are hereby incorporated herein. 10. Central District Health Department submitted comments and they are hereby incorporated herein. 11. That there was no public testimony given at the hearing. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 WAI;GAMOTT 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. 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 that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities, may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 6. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 WALGAMOTT 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 and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic will increase, but due to the drop-off and pick-up being off of Cherry Lane it should not be a problem. e. The property has sewer and water service already connected. 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. If the conditions are met, the use should 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, noise, smoke, fumes, glare or odors. ' h. That sufficient parking for the proposed use will be required to meet the requirements of the City ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 WALGAMOTT i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 7. That the Applicant shall comply with the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Uniform Fire and Life Safety Code, and all parking and paving requirements. 8. The Applicant shall meet the conditions of the Ada County highway Department; that if any children are dropped off while the car they are departing is on Cherry Lane, the Conditional Use Permit, if granted, may be revoked. 9. The Conditional Use Permit, if granted, should be reviewed periodically to see if the Applicant continues to meet the requirements of the permit. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW WALGAMOTT VOTED__~~-- VOTED_ ~~~ ~/~ VOTED--~/`_~ VOTED VOTED Page 7 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 or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and other Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: l~ P FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 WALGAMOTT OFFICIALS WILLIAM G. BERG, Jr., Clty Ctark JANICE L. GASS, Clty Troasurer GARY D. SMITH, P.E. Ctty Enpinear BRUCE D. STUART, Wstsr Works Supt. JOHN T. SHAWCROFT, Wuts Wstsr Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b 2 Adm. KENNETH W. BOWERS, FIro Chlsf W. L "BILL" GORDON, Pollce Chlef WAYNEG. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 8874813 Public Works/Builliing Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM MEPPER 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: July 11, 1995 TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95 REQUEST: Conditional Use Permit for a Day Care BY: William and Cindy Walgamott LOCATION OF PROPERTY OR PROJECT: 1915 W. Cherrv Lane JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, CIC 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 & FINAL PLAT) U.S. WEST(PREUM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRE IM 8 INAL PLAT) BUREAU OF RECLAMATI P LIM ~ F PLAT) CITY FILES OTHER: YOUR CONCISE REQAARK ~~~~~~ ' JUL i ~ ~..:~~ ,,, r t JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTI.AKE, Secretary July 5, 1995 T0: William & Cindy Walgamott 3019 N. 28th Boise ID 83703 FROM: Karen Gallagher, Coor ' t Development Services D on SUBJECT: MCU-12-95 1915 Cherry Lane Day Care Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 5, 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 John Edney Chuck Rinaldi City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ADA COUNTY HIGHWAY DISTRICT Development Services Di~~isiun Preliminary Report MCU-12-95 - Dav care 1915 Cherry Lane. City of Meridian The applicant is requesting conditional use approval to operate ,~ dar care in a single family dwelling. The 0.6-acre site is located on the south side of Clierr`~ L.u1e approximately 1/~- mile west of Linder Road. This development is estimated tc~ `_enerate ?32 additional vehicle trips per day (assuming a capacity of 50 children). Roads impacted by this development: Cherry Lane -Minor arterial with bike route designation - Traffic count 11,580 on 6-18-93 (e/c~ Linder Road) I '~• 1 1• I `~~. ~RAVENNURST ~ `~,y ~ •'_~~ ~,;:bs w • 1~`t a W jE Gt ~ ~U ~ • I S z ~ .`'~~ • OR ELK ~ `NHgtON~ .d'2'~~ixf + p~ ,:~ = I n ..!!~~ H,p :,O I ~~ r ~ m ~M- 'r~ sOq ~,~ ~~y~ 5~~ 49 ~e~c I 9 « ~~ ~ Z ' yF-,,~1 ~ ~..F: ~ p1'Jb ~i :-~~ .. ~ ~ T ACV I ~, , l.r • -4 ~ CHATEAU OR a CT ~~V DR CHATEAU ~ p HD ~ O ~ 3 G~t FAI CT .. 6 a.m Z CT.~ ~' ~ A Y D. ANA A ~ ll r.` ~ANW~ OR. t C ? ~ F IN(,S ~ ~CN KINGS c .. ,,. T H -:_~~ ~ L ~ ~T~~~ E C( Q\' ~ SNE NOA:W000 'R~ ~ A9 T L E ST. 9 t O TuP ¢ O Ts ~ ~.~ = C ~' f'~ z v ~EFiEPy Q, $c ~ ST. 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General Information L-O -Zoning 0.6 -Acres 272 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western cities- Impact Fee Assessment District Cherry Lane Minor arterial with bike route designation Traffic count 11,580 on 6-18-93 (e/o Linder Road) 130-feet of frontage 80-feet existing right-of--way (40-feet from centerline) No additional right-of--way required Cherry Lane is currently being reconstructed with a 62-foot street section with curb, gutter and sidewalk. The curb, gutter and sidewalk abutting ti~is parcel is to remain in its existing location. B. There is an existing dwelling on the site. C. The applicant is proposing to use the two existing curb cut driveways on Cherry Lane as a one way circular drive with the west driveway entrance only and the east driveway exit-only. D. The District's Traffic Services staff has reviewed the submitted application. ACHD receives many calls from neighbors of day care centers concerning the volume of traffic and the number of parked vehicles near existing day care centers. Each parent typically makes two round trips per day (i.e. four one-way trips). The Institute of Transportation Engineers (ITE) data show that a typical day care created 4.65 vehicle trips per day per student. The proposed 50 student facility can be expected to generate 232 total vehicle trips per day. ITE's parking ~Teneration data show that one parked vehicle is generated for every five students. The 50 students at this location will therefore generate the need for a minimum of 10 parking spaces. The site plan submitted to the District shows a total of ei~~lu parkin`T spaces. Two additional standard off-street parking spaces (total of 10), will be needed to avoid on-street parking at this facility. E. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. F. This application is scheduled for a public hearing by the Meridian Planning and Zoning Commission on July 11, 1995. MCU-12-95 Page 2 The following requirements are provided to the City of Meridi~~n as conditions for approval: Special Recommendation to Meridian: Provide a minimum of two additional standard on-site parkin~.* spaces (total of 10). Site Specific Requirements: Driveways shall be a minimum of 20-feet wide and a maximum of 24-feet wide and shall be signed as one way with the westerly driveway enter only and the easterly driveway exit only. No additional driveways will be permitted. 2. Utility street cuts in the new pavement on Cherry Lane ~.vill clot be Billowed unless approved by the District Commission. 3. No parking shall be allowed on Cherry Lane. Standard Requirements: A request for modification, variance or waiver of any requirement car policy outlined herein shall be made, in writing, to the Manager of Engineerin~T 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 and minimum fee of $110.00. 2. Aright-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. 3. Submit site drainage plans and calculations for review and appropriate action by ACRD prior to issuance of building permit. The proposed drainage s}~stem shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 4. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. 5. Submit three sets of street construction plans to the District for review and appropriate action prior to issuance of building permit. 6. The applicant shall submit revised plans for staff approval. prior to issuance of building permit, which incorporates any required design changes. MCU-12-95 Page 3 ?. Construction, use and property development shall be in ce~nformance with all applicable requirements of the Ada County Highway District prior to Disn-ict approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted bv: Development Services Staff Date cif Commission Approval: JUL a ~ 1995 MC U-12-95 Page 4 CENTRAL ~~ DISTRICT '~NFi~~TH DEPARTMENT CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: " ", _ Conditional Use # H/~~~i~ 't CiNd ,a-,y ~ ' T Preliminary /Final /Short Plat ^ Boise ^ Eagle ^ Garden city ,~Nleridian ^ Kuna ^ ACZ ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. 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. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. 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 ^ 9. 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 ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ II ^ 12. ^ 13 Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ~. 14. 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 // ^ 15. Date: b / ,3'~ /~~ Reviewed By: Revie Sheet CDND ID/91 rcb, rev. I/95 OFFICIALS WILLIAM G. BERG, Jr., Clty Clsrk JANICE L. GASS, Clty Troasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waats Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P ti Z Adm. KENNETH W. BOWERS, Flre Chief W. L "BILL" GORDON. Police CAlef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D CORRIE CITY OF MERIDLAN WALTW.MORROW P 6 Z COMMISSION 33 EAST IDAHO JIM JOHNSON,Chairrnan MERIDIAN, IDAHO 83642 IJ M SHEARER Phone (208) 888~4~433 • FAX (208) 887-4813 ~ ~~ CNARUE ROUNTREE f~ ~ Public Works/Building Department (208)887-2211 ~~® U TIM HEPPER GRANT P. K[NGSFORD ~ 6 J ~ N f995 Mayor NAMPA & MERIDIAN IRRIGATION DISTRICT 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: Wiil Berg, City Clerk by: Juiy 11. 1995 TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95 REQUEST: Conditional Use Permit for a Day Care BY: William and Cindy Walgamott LOCATION OF PROPERTY OR PROJECT: 1915 W. Cherrv Lane JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE{PRELIM 8 FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 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 & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PREUM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: A aterals 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 available to all developments within this District. Nampa & Meridian Irrigation District requires that a Land Use Change/Site D_eveloyment aAVlication be filed for review prior to final platting. Contact Donna Moore at 343-1884 o r 466-7861 for further information. Bill Henson, AcSictant Water Stinerintendent Nampa & Meridian Irrigation District : ;;~, _„,._~.~; •,; ._. _.. iJ !. _: @ ~ ". _ ~ir~ia & ~~e~cidtao~ ~Iv~tgauooc ?~i~zict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 William & Cindy Walgamott 3019 N. 18th Boise, ID 83703 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Day Care Center Dear Mr. and Mrs. Walgamott: 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 Anne L. Plough City of Meridian enc. ~~p~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS -40,000 7 July 1995 HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS r. WIt~UAM G. BERG, Jr., Ctty Cterk A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON r. -JANICE 1. LASS, Clty Troasurer BR~~EO sT~A T w.~e wo~~ CITY OF MERIDIAN WAeT W. MORROW R pt. P ti Z COMMISSION JOHN T. SHAWCROFT, Waste Watsr Supt. DENNIS J. SUMMERS, Parke supt. JIM JOHNSON, Chairman 33 EAST IDAHO SHARI S. STILES, P 3 Z Adm. MERIDIAN, IDAHO 83642 MOE ALIDJANI JIM SHEARER KENNETH W. BOWERS, Fire Chlaf W. L "BILL" GORDON, Police Chlst a r1 ~ ^ ~ 0 ~~ Phone (208) 888433 FAX (208) 887-4813 I ^ ! ( ( " CHARLIE ROUNTREE TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney ® U U l J Public Works/Building Department (208) 887.2211 GRANT P. KINGSFORD ~ 6 J U N f995 Mayor NAMPA & MERIDIAN IRRIGATION DISTRICT 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: July 111995 TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11195 REQUEST:_Conditionai Use Permit for a Day Care BY: William armed Cindv Walaamott LOCATION OF PROPERTY OR PROJECT: 1915 W. C JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFiCE(PREUM ~ 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 ~ FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM 8 FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PREUM r3< FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: A aterals 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 plattine. Contact Donna Moore at 343-1884 or 466-7861 for further information. Bill Henson, Assistant Water Sinerntendent Nampa & Meridian Irrigation District :;-;n`~, ;~,;,,~,,~ ~,;< :,s~.y ~wY~~~~ -~'~JS ~ 4 ~~~T i.Ids~'.~~. . ~ ., CCU & 712~iduui ~Ivugat,~aci ?>i~uet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 William & Cindy Walgamott 3019 N. 18th Boise, ID 83703 RE: Land Use Change Application for Day Care Center Dear Mr. and Mrs. Walgamott: OFFICE: Nompa 466.7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345.2431 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 Anne L. Plough City of Meridian enc. ~Op~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS • 40,000 7 July 1995 ~° ~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Wate- Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 8 Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: City Staff and Other Agencies From: City Clerk's Office Date: June 20, 1995 RE: Transmittal for William and Cindy Walgamott Conditional Use Permit for a Day Care HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P ~ Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER Attached are two supplemental maps received after the transmittal was sent. Please include these maps with the other application materials. i~ m ~~ ~ -~ y.i: w: +: L~ }~^ .~~ Z '.yam. ~.....; IV it"T `~° O ~` i"'P +.~ ;~~; wTi z .. j ..__ . _. ~ I ~% I I I I I I I ~_ ~~ ~~ (~1 ~.3 _... _._._. _____...---__.___ _. N ~ t 9 I ~ L,1, GN~i~ l~N~ s ~~ O r. 3 '~ ~_ ~~ 3~ c~ ~~ 3~ { z 3 „_ a ,- 0 ~.. ~=A -, ~: p y ~. r 1:~ ~: c.°y ;.~: r, c i `_~. -' JAMES E. BRUCE, President SHERRY R. HUGER, Vice President SUSAN S. EASTIAKE, Secretary TO: William & Cindy Walgamott 3019 N. 28th Boise ID 83703 FROM: Karen Gallagher, Coor ' t Development Services D on SUBJECT: MCU-12-95 1915 Cherry Lane Day Care July 5, 1995 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 5, 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 John Edney Chuck Rinaldi City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ADA COUNTY HIGHWAY DISTRICT Development Services Dig-isic~n Preliminary Report MCU-12-95 - Dav care 1915 Cherry Lane. City of Meridian The applicant is requesting conditional use approval to operate a ~ia~~ care in a single family dwelling. The 0.6-acre site is located on the south side of Cl~err`~ Line :approximately 1/~- mile west of Linder Road. This development is estimated to ~~~i~erate ?32 additional vehicle trips per day (assuming a capacity of 50 children). 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'`y i~ Y r II s ~L - i i --_- . 1.- --' -- G ~~ ~ \ S. I( -r-__ _ i Z 3 ~~ ~~ ~~ I }- i ~. ~ C~~~~~' ~S Is 1 V1 \ (~ w L~ \ i ., ~~ ~~~ ~ J ~, -- _ ~~~ ~ e~ ~°` ~`~ 5 ~ ~ ___-- U ~ B~ ~~ ~~~ /'Oo r"t. ~ gc~ l ` ~/ 1~. - 2.r _.. ~~ ,~3a~ ~n~r ~ ~ ~~ x }~ ~O ~ ~G~ ~ I I ~~G~`` ~~~n~ ~ ~~ ~ ~c/(Ge cX ~, ~~ ~ ~~ ~~ ~~ ~o ~ ~~~ ~ ~~ ..- ~~~ ~ir~ ~le/,r/a% ,~®-- -~'~< ~ ~k P~~ Facts and Findings: A. General Information L-O -Zoning 0.6 -Acres 272 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western cities- Impact Fee Assessment District Cherry Lane Minor arterial with bike route designation Traffic count 11,580 on 6-18-93 (e/o .finder Road) 130-feet of frontage 80-feet existing right-of--way (40-feet from centerline) No additional right-of--way required Cherry Lane is currently being reconstructed with a 62-foot street section with curb, gutter and sidewalk. The curb, gutter and sidewalk abutting ti~is parcel is to remain in its existing location. B. There is an existing dwelling on the site. C. The applicant is proposing to use the two existing curb cut driveways on Cherry Lane as a one way circular drive with the west driveway entrance only and the east driveway exit-only. D. The District's Traffic Services staff has reviewed the submitted application. ACHD receives many calls from neighbors of day care centers concerning the volume of traffic and the number of parked vehicles near existing day care centers. Each parent typically makes two round trips per day (i.e. four one-way trips). The Institute of Transportation Engineers (ITE) data show that a typical day care created 4.65 vehicle trips per day per student. The proposed 50 student facility can be expected to generate 232 total vehicle trips per day. ITE's parking ~Teneration data show that one parked vehicle is generated for every five students. The 50 students at this location will therefore generate the need for a minimum of 10 parking spaces. The site plan submitted to the District shows a total of ei~*l~t pa~•kin~T spaces. Two additional standard off-street parking spaces (total of 10), will be deeded to a~~oid on-street parking at this facility. E. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. F. This application is scheduled for a public hearing by the Uleridian Planning and Zoning Commission on July 11, 1995. MCU-12-95 ['age 2 The following requirements are provided to the City of Meridian as conditions for approval: Special Recommendation to Meridian: 1. Provide a minimum of two additional standard on-site parkin<~ spaces (total of 10). Site Specific Requirements: Driveways shall be a minimum of 20-feet wide and a maximum of 24-feet wide and shall be signed as one way with the westerly driveway enter only and the easterly driveway exit only. No additional driveways will be permitted. 2. Utility street cuts in the new pavement on Cherry Lane ~.~~ill not be allowed unless approved by the District Commission. 3. No parking shall be allowed on Cherry Lane. Standard Requirements: A request for modification, variance or waiver of any re~luiretnent c>r policy outlined herein shall be made, in writing, to the Manager of Engineerin~T Services within 15 calendar dax~ of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity and minimum fee of $110.00. 2. Aright-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 ~vllere practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 4. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. 5. Submit three sets of street construction plans to the District for review and appropriate action prior to issuance of building permit. 6. The applicant shall submit revised plans for staff appro~ al. prior to issuance of building permit, which incorporates any required design changes. MCU-12-95 Page 3 7. Construction, use and property development shall be in cant-ormance with all applicable requirements of the Ada County Highway District prior u~ District approval for occupancy. Should you have any questions or comments, please contact the De~~elopment Services Division at 345-7662. Submitted by: Develc~ment Services Staff Date ~~f Ccmuni5sion Annroval• JUL p 5 1995 MCU-12-95 Page 4 • MERIDIAN PLANNING & ZONING COM!AISSION MEETING: AUGUST 8 1995 _ APPLICANT: WILLIAM 8< CINDY WALGAMOTT AGENDA I TEM NUMBER: 11 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT 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 P~~tb~ FINDINGS OF FACT AND CONCLUSIONS OF LAW OTHER: QI! Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WILLIAM AND CINDY WALGAMOTT CONDITIONAL USE PERMIT 1915 W. CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing July 11, 1995, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 11, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 11, 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; 2. That this property is located within the City of Meridian and the Applicant is not the owner of the property; that the owner is Anne L. Plough and she gives her consent for this application; that the property is currently zoned L-O Limited FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 WALGAMOTT Office; that the intention of the Applicant is to operate a day care for children 2 years of age and up to after schoolers and preferably no infants; that with the proposed addition of making the garage a room, the square footage of the day care would be 1,600 feet; that this will be a day care facility and not used as a residence; that the plans are for this facility to handle up to 45 children; that the Applicants are applying for a license from the Department of Health and Welfare; that the hours would be from 6:30 a.m. to approximately 6:00 p.m.; that the backyard is fenced with a six (6) foot wooden fence, no gates, and that another portion, involving the shed area and garage, would be a fenced area not accessible to children but would have spring loaded gates for access; that there will be a one way drive through access with adequate parking space; that children will not be dropped off from Cherry Lane, but would need to be brought into the facility and each child signed in by the parent/guardian; that the comments received from the Planning Director, Assistant City Engineer, Ada County Highway District would be complied with. 3. That a day care center is a permitted use in the L-O District under a conditional use permit; the Limited Office Zone requires a conditional use permit for the operation of a day care center caring for thirteen (13 ) or more children, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 4. That the L-O District is described in the Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 WALGAMOTT f Ordinance 11-2-408 B. 7 as follows: (L-0) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 5. The Applicants requests that a conditional use be granted for the operation of a Day Care Center. 6. The Assistant to the City Engineer submitted comments which are incorporated herein as if set forth in full; the comments address the off-street parking requirements, drainage, outside lighting, paving and striping, and signage shall meet all Meridian City Ordinances; that sewer and water are available but the use may require additional charges or fees. 7. That the City Planning and Zoning Administrator, Shari Stiles submitted comments which are incorporated herein as if set forth in full; that all parking and driveway areas will need to be paved prior to opening; that a handicap parking space must be a minimum of 8 feet wide with an 8 foot access aisle and be signed appropriately; that all fire and life safety codes be complied with; that the number of children be kept to approved levels; that the hours of operation be restricted to 6:00 a.m. and 6:00 p.m.; that the entrance corridor of Cherry Lane be landscaped with sod FINDINGS OF FACT AND CONCLUSIONS OF LAW WALGAMOTT Page 3 and trees. 8. The Ada County Highway District submitted comments and they are hereby incorporated herein; that the driveways shall be a minimum of 20 feet wide and a maximum of 24 feet wide and shall be signed as one way with the westerly driveway enter only and the easterly driveway exit only with no additional driveways permitted; that a minimum of two additional standard on-site parking spaces be provided (total 10); that no parking shall be allowed on Cherry Lane; and that utility street cuts in the new pavement on Cherry Lane will not be allowed unless approved by the District Commission. 9. Nampa-Meridian Irrigation District submitted comments and they are hereby incorporated herein. 10. Central District Health Department submitted comments and they are hereby incorporated herein. 1 That ere w n ublic t a hearing. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 WALGAMOTT 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. 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 that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities, may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 6. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 WALGAMOTT 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 and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic will increase, but due to the drop-off and pick-up being off of Cherry Lane it should not be a problem. e. The property has sewer and water service already connected. 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. If the conditions are met, the use should 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, noise, smoke, fumes, glare or odors. h. That sufficient parking for the proposed use will be required to meet the requirements of the City ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 WALGAMOTT i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 7. That the Applicant shall comply with the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Uniform Fire and Life Safety Code, and all parking and paving requirements. 8. The Applicant shall meet the conditions of the Ada County highway Department; that if any children are dropped off while the car they are departing is on Cherry Lane, the Conditional Use Permit, if granted, may be revoked. 9. The Conditional Use Permit, if granted, should be reviewed periodically to see if the Applicant continues to meet the requirements of the permit. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 WALGAMOTT 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 or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and other Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 WALGAMOTT