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HomeMy WebLinkAboutWilson, Judy CUPOFFICIALS 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 6 2 Adm. KENNETH W. BOWERS, Fire Chlef W. L. "BILL" GORDON, Police Chlef 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) 888-4433 • FAX (206) 887-4813 Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 2 COMMISSION JIM JOHNSON, Chairman MOE AUDJANI 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 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 1, 1995 TRANSMITTAL DATE: 7/1$/95 HEARING DATE: 8/8/95 REQUEST: Conditional Use Permit for a group dax care BY: Judy Wilson LOCATION OF PROPERTY OR PROJECT: 1239 Elm Court JIM JOHNSON, P/Z MOE ALIDJANI, P/Z 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, 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: ' t ~ CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: JUDY WILSON PHONE: 888-6879 1239 Elm Court Meridian Idaho ADDRESS: GENERAL LOCATION: North Gate Sub 4~3: Off 13 th Ave DESCRIPTION OF PROPOSED CONDITIONAL USE: Residence for use as a day care (group of 7-12) from 7:00 a.m. to 6:00 p.m. Monday through Friday. ZONING CLASSIFICATION: x8 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 30 copies}. S' natur of Applicant 55 ~ 5~0-`fly-~~~ LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commis1sion will~/hoold a Public Hearing in the Meridian City Hall on ~v~~~~s7 ~ l`"l ~ ~ at ~3ll~.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by ~~L~ IN l ~ h for the property generally described as located at ~9 r~ G.tP ~~n _ 3 SUBDIVISION BLOCK _~ TO /l~f/P ~~ ,~ ~G~~ ~~o-~a ~~;, LOT o~ ~ • • To: City of Meridian From :Judy Wilson 1239 Elm Court Meridian ID June 28, 1995 I, Judy Wilson, do hereby attest that I will agree to pay any additional fees regarding sewer, water, or trash if applicable should permit be granted for Conditional Use at the above address. Judy Wilson ,~ ~, ,. ~, ~~~ 1 ~' ~V u ~'~ •166634 THIS FORM FURNISHED COURTESY OF: STEWART TITLE OF IDAHO, INC. READ & APPROVED BY GRANTEE(S): 017p T~y,fp~ryr ry~~r ~o . ~, 1 GtiYl~il 1 1 1 1 t.tse,:• ADA CU~'aTl', I D. FOf~'' J. DAVID NAVARRO RECORDER B ~~ ' 91 NFU 22 P(~ `i SPACE ABOVE THIS LINE FOR RECORDING DATA Order No.: 91030868 TN/PW WARRANTY DEED FOR VALUE RECEIVED JAMES B. TERRY AND ANDREA TERRY, HUSBAND AND WIFE GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto DENNIS K . WILSON AND JUDY -• WILSON, HUSBAND AND WIFE GRANTEE(S), whose current address is: 1239 ELM COURT, MERIDIAN, IDAHO 83642 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wil; Lot 20 in Block 6 of NORTH GATE SUBDIVISION N0. 3, according to the Official Plat thereof, filed in Book 38 of Plats at Page(s) 3160, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: November 21, 1991 G JAI~lES ~ . TERR ~_ ~~ CZGvc.~c. ANDREA TERRY STATE OF IDAHO 1 i.. • ~ To: City of Meridian -Planning and Zoning Ada County - Commision RE: Proposed application for Use Permit for Day Care & Day Care Licensing 1239 Elm Court Meridian, Idaho GREETINGS; Cl''i~de~r~ .. Page 1 WE, THE RESIDENTS, NEIGHBORS, ASSOCIATES, and FRIENDS of Judy Wilson and of 1239 Elm Court, Meridian, Idaho, do by this petition and signature affixed declaze and attest that we recommed and promote the granting of any and all applicable permits regazding "Use "for the purpose of Day Caze within and upon the property located at 1239 Elm Court, Meridian, Idaho. Said property is owned and maintained by applicant Judy Wilson. We the petitioners, do find Mrs. Wilson to be a responsible and competent resident of our community. We find the address and surroundings to be adequate and secure for the day care proposed. By affixing a signature below, it is attested that petitioner is of the legal age of 18, thereby of voting age. Name T.yY~n~e~.. Address lam? ~ l~ ~.Ci~c. ~ ~~~aw ,. ~-- - - --- -- - ~3 - -r-a-----------~~~---- - ------- --- -- - _.__ _~_~~_ _____ __ __ j___ ________________ ~- s • • Address ~,o-~--~ ---- ..--- - s-e_--------- - --- ---- ------ --- - ---------------------------------- ------------------------ Petition: J. Wilson Page 2 f 3~(-----W `----~~---- --- - --- - - (_Z3(-~=----/:3~._l2t~c... (ar t,` --~-~ ~=-R--~---~'-~---------- -a ~~---~-•-- --- _I aa,~---~ ------~3_f~-------------------- ~,~z~-~/-----~~~---------------------- -~ 3 T ~- ~-------f ~---~-`-~------------------------ -~ ~1-~ ---ter--f ~'`~ =----------------------------- ~~~ .~~~ s=--- --- - - -- ----- ~------------------ -- ,~ _/_ ~_-~1_---~=-- ~~ ------------------ Name • f rov~ders ,sill fiance P. O. Box 6793 8olse, Idaho 83707 Judy Wilson 123' Elm Court Meridian ID 83642 Re Licensing (2081 386-9970 July 12,1995 The following is a list compiled from the records of the Ada County Assessors Office in respect to your obligations to application for occupational licensing for the city of Meridian. 1207 Elm Court 1208 Elm Court 1215 Elm Court 1216 Elm Court 1224 Elm Court 1232 Elm Court Cherl J Sable Greg Streng Richard Carrier Jr Dan Howard & Laura Higgs Frank & Penelope Whittier Alan & Patty Crager 1240 Elm Court NRF ~~„ o ,. `I _n~ 1223 W !3th Mike H Rummell 1231W 13th John & Kristen Carnahan 1234 W 13th Gary B Groveso 1305 W !3th Kathleen Lamey 1313 W 13th Robert G & kathryn Leong 1321 W 13th James Fenner & Rhonda Hanney 1329 W 13th Tom & Mary Vincent 1216 W 14th NRF 1221 W 14th NRF 1224 W 14th NRF 1334 W 14th Richard Skiles 1218 Maple Lillie Alvis 1223 Maple NRF 1226 Maple Steven Anderson & Anna Wolfkiel 1229 Maple Paul Schuck 1234 Maple NRF !"' ~~ 1239 Maple Bruce & Ma Harvey 1242 Maple Ct Anthony Graven 1303 Maple Richard & Charlene Corbett 1309 Maple Anne Cragin 1207 North Gate Douglas C Bodine 1215 North Gate Ron Jordan 1231 North Gate Eilene Herns 1239 North Gate Ken & Jean Dunton (NRF= no record found) • • 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 City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on October 17, 1995, for the purpose of reviewing and considering the Application of Judy Wilson, for a Conditional Use Permit for land located in Lot 20, Block 6 of Northgate Subdivision No. 3, Boise Meridian, Ada County, Idaho, and which property is generally located 1239 Elm Court. The Application requests a Conditional Use Permit to operate a group day care for approximately 6 to 12 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 28th day of September, 1995. WILLIAM G. BERG, JR., I CLERK • • FENCE ~""'" ~ ~ ~ ~ ~ ~;~ u z ~a SE-IED y W U Z l,J l~ Z C~ ~ ,J L_ ~~ CY_ U W Li H^USE w FENCE GARAGE z i ~.i ~,.. 3 ----- _ -- ~ v ~ >- 3 ~ ~ ~,' :~ tr' i w > ~ i ~ ' '~ 1 ( ~ - ~ SIDEWALK SCALE 1/i8. 4 1'-O• PLAT PLAN ~ QT 2~ ~~ Ori~ ~ ~ i 1.38 ELM COURT . ,. MERIDIAN, IDAHO /~' ~°. ~~jj pp ~/ /^~w' p~ r~ Itl~~~~`~iJl,~'1~~ ~~~7D' Y I~~lJI~A 1'V~. a7 i • 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, Meridian, Idaho, at the hour of 7:30 p.m., on August 8, 1995, for the purpose of reviewing and considering the Application of Judy Wilson, for a Conditional Use Permit for land located in Lot 20, Block 6 of Northgate Subdivision No. 3, Boise Meridian, Ada County, Idaho, and which property is generally located 1239 Elm Court. The Application requests a Conditional Use Permit to operate a group day care for approximately 6 to 12 children. A more particular legal description of the above properly 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 17th day of August, 1995. WILLIAM G. 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T L~ ~ -r D ~ ~ T 1 V D i. l r Q -- [il D C 7~ r ~ ~ Q ~ . .... ~^ " N '^ : ~ W Z n N . v ~ ~ w I 0 D _ " ~ ~ ~1 Z u t~ ^ Y' 4 .•'• ' - < .. <; C7 I ~ I1~ 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 L. STILES, P & Z Administrator 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 Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor December 4, 1995 Judy Wilson 1239 Elm Ct. Meridian, Ida. 83642 RE: Fence Variance Request 1239 Elm Ct. Dear Judy: O NGIL 6! 1~!RFriS 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 The Fence Variance Committee of the City of Meridian met at 4:30 P.M. today in City Hall to consider this request. After due consideration, the committee decided to allow your fence, along N.W. 13th Ave., to remain in position at the back edge of sidewalk, which is within the side street set back area. This decision was based on the length of time your fence has been in this location and the number of other fences in the immediate area that do not comply with our ordinance. Also, we did not find that it sigTlificantly impacted sight distance for vehicles entering N.W. 13th from Elm Court. The Committee requested that you remove weeds growing under the fence and onto the sidewalk. Thank you for complying with the City Ordinance in requesting this variance. Sincerely, Gary D. Smith, PE Fence Committee Chairman cc: File City Clerk P & Z Administrator 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL' GORDON, Polk:e 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 WorlcsBuilding lkpamnent (208) 887-2211 Motor Vehicle/Drivets Incense (208) 888-4443 GRANT P. IQNGSFORD Mayor TO: Mayor and Council FROM: Shari L. Stiles, Planning & Zoning Administrator DATE: November 3, 1995 1 ~ ~~g /~ RONALD R. TOLSMA MA% YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chaim~an MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER SUBJECT: Request for Conditional Use Permit for Daycare by Judy Wilson Gary Smith and I visited the site today to look at the fence situation. Judy Wilson's fence is one of at least four at/near the intersection of Elm Court and 13th Street that are constructed to the sidewalk. I am told that the fence was constructed in its present location in conjunction with the initial house construction. (Plat recorded in 1975.) A small outbuilding and one or two trees fall within 10' of the existing fence on the Wilson property. Gary paced off the sight distance from Elm Place at 150 feet (approximately to the end of Judy Wilson's property). ACHD guidelines require only a 40' x 40' sight triangle at uncontrolled intersections. Using this criteria, sight distances would be met. I would recommend that the conditional use permit for the daycare be approved at this time and that the Applicant follow-up with an application for fence variance. • • ~0~~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JUDY WILSON CONDITIONAL USE PERMIT FOR GROUP DAY CARE 1239 ELM COURT MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing August 8, 1995, at the hour of 7:30 o'clock p.m., the Petitioner, Judy Wilson, 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 August 8, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 8, 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 the owner of the property; that the property is currently zoned R-8 Residential; that in the ZONING SCHEDULE OF FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 WILSON • • USE CONTROL, Section 11-2-409 A., Residential, Group Child Care Home is listed as a conditional use in the R-8 District and therefore the R-8 District requires a conditional use permit for the operation of a Group Child Care Home. 3. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: (R-81 Medium Densitv Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 4. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 5. That the property is located in NORTH GATE SUBDIVISION #3, Block 6, Lot 20, an R-8 single-family residential subdivision. 6. That the intention of the Applicant is to operate a day care for children, infants through 12 years or older, between six (6) and twelve (12) children; that the hours will be from 7:00 a.m. until 6:00 p.m., Monday through Friday. 7. The Applicant testified that she started a petition in the neighborhood soliciting neighbors approval of the application and obtained signatures; that the garage will not be used as part of the facility; that the backyard has been recently fenced with a FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 WILSON ! • wooden slat fence; that the gates are made of the slats with latches on the top and bottom locks; that the driveway has three (3) car slots to pull in to drop children off, backing out to leave; that the home is approximately fifteen (15) years old and the Applicant understands that the house will need to be brought up to date with all City ordinances relating to plumbing- codes, electrial codes, and things of that nature; that the Applicant has three (3) sharpeis show dogs that are in Wyoming part time for dog shows; that the animals are gentle, not vicious, and love to be around children. 8. The Assistant to the City Engineer, Bruce Freckelton, submitted comments which are incorporated herein as if set forth in full herein; that assessment fees may be charged to cover any additional impact the sewer and water services may have on the new proposed use; that the Applicant will be required to enter into a Re-Assessment Agreement at that time. 9. The Planning and Zoning Director, Shari Stiles, submitted comments which are incorporated herein as if set forth in full; that the Applicant is to limit children to no more than 12; the total number of children cared for during the day, and not the number of children at the facility at any one time, is determinative; that Applicant should also instruct parents dropping off children to turn around in the driveway and avoid using the cul-de-sac as a turnaround to minimize impact of additional homes; that signage/advertising should not be permitted; that all fire and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 WILSON • • life safety codes shall be complied with; that the Applicant shall secure and maintain a child care license from the Idaho Department of Health & Welfare, acquire a certificate of occupancy, and furnish evidence of both to the City of Meridian; that this permit may be reviewed annually. 10. Central District Health Department, Meridian Fire Department and Meridian City Police Department submitted comments and they are hereby incorporated herein. 11. That there was comment and discussion between the Applicant and Commissioner Rountree regarding the fence not meeting the City ordinance requirements; that the Applicant might have to apply for a variance for a setback on the fence; that the Applicant stated at the hearing that whatever was necessary she was willing to take care of it. 12. That there was no other 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 11-2-418 of the Revised and Compiled Ordinances of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 WILSON • 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 section 11-2-418 d. states as follows: "In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence." 6. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 WILSON • • Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. 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 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 the street 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 WILSON • • g. If the conditions involve a use, activity, conditions of operation person, property or the excessive production of glare or odors. are met, the use should not process, material, equipment or that would be detrimental to general welfare by reason of traffic, noise, smoke, fumes, h . That sufficient parking for the proposed use will be required to meet the requirements of the City ordinance. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. That since conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a) The hours of operation shall be restricted, as stated by the Applicant, from 7:00 a.m. to 6:00 p.m. b) The children, if outside, be maintained in the fenced area, as required below. c) That the Applicant shall meet the State of Idaho requirements for staff to children ratio. d) That there shall be fencing, gates, and locks for the outside play area such no children can leave the property without an adult unlocking and opening the gate to let the child or children out of the play area; no children shall be allowed outside of the play area or the home without an adult being present; the fence shall be maintained in good repair and the children, when outside, shall stay in the fenced area and the children shall not be allowed outside of the fenced area or the home, except for drop-off and pick-up times, but an adult shall be with them at all times if the child or children are waiting to be picked up. e) That the Applicant shall hold and maintain a State. of Idaho Day Care License for a Day Care Center. f) That the conditional use should not be restricted to a FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 WILSON • period of authorization but may be reviewed annually upon notice to the applicant for violation of any of the conditions as has been done in other day care conditional uses and other conditional use applications. g) That the conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another property. h) That the Applicant must meet the requirements of the Central District Health Department and the State of Idaho Department of Health and Welfare. i) That the Applicant shall meet the requirements of the City Engineer's office, including the re-assessment agreement, Planning Director, and other governmental agencies submitting comments. 9. That there shall be no more than twelve (12) children cared for at the home throughout the day; that this number of children is arrived at from the total number of children at the facility and not the number of children at the facility at one time. 10. That the Applicant apply for a setback variance regarding the newly installed fence. 11. That the above conditions are concluded to be reasonable and the Applicant shall meet those conditions. 12. That it is recommended that if the Applicant meets the conditions stated ahove that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 WILSON ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED ~ O.~ l~ , C'~ VOTED ~ ~ VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law 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, Uniform Fire Code 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 9 WILSON ~ s MERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER 12.1995 APPLICANT: JUDY WILSON AGENDA I TEM NUMBER: 8 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A GROUP DAY CARE 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: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW 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: ~~ ~I~ ~~ ~y~3 ~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 1 • • X00 p~'( BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JUDY WILSON CONDITIONAL USE PERMIT FOR GROUP DAY CARE 1239 ELM COURT MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing August 8, 1995, at the hour of 7:30 o'clock p.m., the Petitioner, Judy Wilson, 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 August 8, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 8, 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 the owner of the property; that the property is currently zoned R-8 Residential; that in the ZONING SCHEDULE OF FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 WILSON • USE CONTROL, Section 11-2-409 A., Residential, Group Child Care Home is listed as a conditional use in the R-8 District and therefore the R-8 District requires a conditional use permit for the operation of a Group Child Care Home. 3. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: (R-81 Medium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 4. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 5. That the property is located in NORTH GATE SUBDIVISION #3, Block 6, Lot 20, an R-8 single-family residential subdivision. 6. That the intention of the Applicant is to operate a day care for children, infants through 12 years or older, between six (6) and twelve (12) children; that the hours will be from 7:00 a.m. until 6:00 p.m., Monday through Friday. 7. The Applicant testified that she started a petition in the neighborhood soliciting neighbors approval of the application and obtained signatures; that the garage will not be used as part of the facility; that the backyard has been recently fenced with a FINDINGS OF FACT AND CONCLUSIONS OF LAW WILSON Page 2 • wooden slat fence; that the gates are made of the slats with latches on the top and bottom locks; that the driveway has three (3) car slots to pull in to drop children off, backing out to leave; that the home is approximately fifteen (15) years old and the Applicant understands that the house will need to be brought up to date with all City ordinances relating to plumbing codes, electrial codes, and things of that nature; that the Applicant has three (3) sharpeis show dogs that are in Wyoming part time for dog shows; that the animals are gentle, not vicious, and love to be around children. 8. The Assistant to the City Engineer, Bruce Freckelton, submitted comments which are incorporated herein as if set forth in full herein; that assessment fees may be charged to cover any additional impact the sewer and water services may have on the new proposed use; that the Applicant will be required to enter into a Re-Assessment Agreement at that time. 9. The Planning and Zoning Director, Shari Stiles, submitted comments which are incorporated herein as if set forth in full; that the Applicant is to limit children to no more than 12; the total number of children cared for during the day, and not the number of children at the facility at any one time, is determinative; that Applicant should also instruct parents dropping off children to turn around in the driveway and avoid using the cul-de-sac as a turnaround to minimize impact of additional homes; that signage/advertising should not be permitted; that all fire and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 WILSON • • life safety codes shall be complied with; that the Applicant shall secure and maintain a child care license from the Idaho Department of Health & Welfare, acquire a certificate of occupancy, and furnish evidence of both to the City of Meridian; that this permit may be reviewed annually. 10. Central District Health Department, Meridian Fire Department and Meridian City Police Department submitted comments and they are hereby incorporated herein. 11. That there was comment and discussion between the Applicant and Commissioner Rountree regarding the fence not meeting the City ordinance requirements; that the Applicant might have to apply for a variance for a setback on the fence; that the Applicant stated at the hearing that whatever was necessary she was willing to take care of it. 12. That there was no other 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 11-2-418 of the Revised and Compiled Ordinances of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 WILSON • • 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 section 11-2-418 d. states as follows: "In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence." 6. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 WILSON • Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. 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 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 the street 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 WILSON • g. If the conditions involve a use, activity, conditions of operation person, property or the excessive production of glare or odors. are met, the use should not process, material, equipment or that would be detrimental to general welfare by reason of traffic, noise, smoke, fumes, h. That sufficient parking for the proposed use will be required to meet the requirements of the City ordinance. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. That since conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a) The hours of operation shall be restricted, as stated by the Applicant, from 7:00 a.m. to 6:00 p.m. b) The children, if outside, be maintained in the fenced area, as required below. c) That the Applicant shall meet the State of Idaho requirements for staff to children ratio. d) That there shall be fencing, gates, and locks for the outside play area such no children can leave the property without an adult unlocking and opening the gate to let the child or children out of the play area; no children shall be allowed outside of the play area or the home without an adult being present; the fence shall be maintained in good repair and the children, when outside, shall stay in the fenced area and the children shall not be allowed outside of the fenced area or the home, except for drop-off and pick-up times, but an adult shall be with them at all times if the child or children are waiting to be picked up. e) That the Applicant shall hold and maintain a State of Idaho Day Care License for a Day Care Center. f) That the conditional use should not be restricted to a FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 WILSON • period of authorization but may be reviewed annually upon notice to the applicant for violation of any of the conditions as has been done in other day care conditional uses and other conditional use applications. g) That the conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another property. h) That the Applicant must meet the requirements of the Central District Health Department and the State of Idaho Department of Health and Welfare. i) That the Applicant shall meet the requirements of the City Engineer's office, including the re-assessment agreement, Planning Director, and other governmental agencies submitting comments. 9. That there shall be no more than twelve (12) children cared for at the home throughout the day; that this number of children is arrived at from the total number of children at the facility and not the number of children at the facility at one time. 10. That the Applicant apply for a setback variance regarding the newly installed fence. 11. That the above conditions are concluded to be reasonable and the Applicant shall meet those conditions. 12. That it is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. FINDINGS OF FACT AND CONCLUSIONS OF LAW WILSON Page 8 ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) • VOTED VOTED VOTED ~ ~ t~ , C'~ VOTED ~"`' VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law 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, Uniform Fire Code 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 9 WILSON Meridian City Council November 8, 1995 Page 15 Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table the request for annexation and zoning for Billy Quinn to the November 21 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: TABLED OCTOBER 17, 1995: REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A DAY CARE FOR APPROXIMATELY 6 TO 12 CHILDREN BY JUDY WILSON: Kingsford: Does the Council have questions on that issue? Morrow. And the reason for table on that? Kingsford: What was the issue, Shari? Stiles: Mr. Mayor and Council there was a question about the fence variance and she has submitted that application. Morrow: Mr. Mayor, question of Shari, your letter dated the 3rd indicates that you are recommending the conditional use permit for the day care by approved at this time and the applicant will follow up for a fence variance. She has in fact followed up with that request. Mr. Mayor, I would move that we approve the findings of fact and conclusions of law as prepared for Planning and Zoning for the conditional use permit to operate a day care for approximately 6 to 12 children by Judy Wilson. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the findings of fact and conclusions of law as prepared for P & Z to operate a day care center to 6 to 12 children by Judy Wilson, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? • Meridian City Council November 8, 1995 Page 16 Morrow. Mr. Mayor, I would move that the City Council of 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 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, uniform fire cede and other ordinances of the City of Meridian. The conditional use permit should be subject to review upon notice #o the applicant by the City and subject to the variance for the fence. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the conditional use permit with the conditions stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: TABLED OCTOBER 17, 1995: CONDITIONAL USE PERMIT REQUEST FOR A FULL SERVICE RESTAURANT, LOUNGE AND MICRO-BREWERY BY SANDPIPER RESTAURANTS: Kingsford: It is my understanding they contacted Shari and wish to be tabled again, am I correct? Stiles: Yes Mr. Mayor Kingsford: And that is until the next meeting? Stiles: Yes Kingsford: Is there a motion to table that to the November 21 meeting? Yerrington: So moved Corrie: Second Kingsford: Moved by Max, second by Bob to table the Sandpiper (End of Tape) MOTION CARRIED: All Yea ITEM #13: TABLED OCTOBER 17, 1995: MARTY GOLDSMITH: REQUEST TO PHASE CONSTRUCTION IN LOS ALAMITOS NO.2 SUBDIVISION: • Meridian City Council October 17, 1995 Page 52 Kingsford: So you realize you are short that? Quinn: (Inaudible) Kingsford: One by a certified land surveyor. Smith: I have an update today from my assistant and no legal description has been submitted as of this date. So I don't know, if it has come in we don't have it in my department. Quinn: It was submitted with the original package. Smith: No it wasn't, the original comments that we prepared on August 3, item number stated that the applicant shall submit an annexation perimeter legal description for (inaudible) that was prepared by a licensed land surveyor. So in our review of the packet that we had it was not included. Kingsford: At any rate that would be necessary, if you have it then that would be necessary, we need to have it here. Morrow: Mr. Mayor, I would move that we table this request for annexation and zoning of 2.3 acres to R-40 by Billy Quinn until our November 8 meeting. Yerrington: Second Kingsford: Moved by Walt, second by Max to table the request for annexation and zoning to R-40 by Billy Quinn for 2.3 acres until the November 8 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Quinn, you might check and make sure if there is anything else on that list that we have that prior to that meeting. ITEM #20: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A DAY CARE FOR APPROXIMATELY 6 TO12 CHILDREN BY JUDY WILSON: Kingsford: At this time I will open the public hearing and invite Ms. Wilson or her designee to speak first. Judy Wilson, 1239 Elm Court, was sworn by the City Attorney. • Meridian City Council October 17, 1995 Page 53 Wilson: I come before you tonight to request a permit so I can do day care in my home. We went to the Planning and Zoning meeting and I did get the facts and findings and read them. The only thing I didn't understand was the variance on the fence regarding the fence. There was a fence that was already there that we just improved up on. At that meeting something was stated to Shari Stiles that she might check to see if a variance had been applied for previously by previous owners. In talking to my neighbors there is one that has been there since the house was new and said that fence has been there as long as she can remember so I didn't understand that. Then there was a discrepancy, 1 have been told it needed to be moved back 20 foot and then I was told it needed to be moved back 5 foot and I have been told two different prices for the variance. So if we could get that cleared up, other than that I .didn't have anything. Kingsford: Just when you want her she leaves. What was the scoop on the fence Gary do you know? Smith: Mr. Mayor and Council members, I didn't check into the variance file that I have to see if a variance was approved for that fence. Kingsford: What was the need for the variance, explain that? Smith: Well, the fence has been built out to the back of sidewalk I believe or was built out to the back of the sidewalk. Since we have had the fence variance committee we have held pretty tight to, I think we started at a 5 foot off set from back of sidewalk but we have moved that to 10 feet now. It gets to be a question of safety for the traveling public in vehicles and pedestrians on the sidewalk. Kingsford: If this fence went in when Elm Court was built we are probably talking about well before we had any fence committee we are probably talking about going back into the 1970's. Smith: Right, if it is that old that is probably true. I don't know where our fence, I don't know how long our fence ordinance has been in effect that restricted the height of the fence in the setback area. The fence variance committee hasn't been in operation that long that is for sure. Kingsford: As old as I am getting I hesitate to say anything about grandfather rights but 1 would think that there would certainly be some because that subdivision was in for a long while. I used to jog out there when I was still able to job and that has been a long while. What is your opinion Counselor? Crookston: I think we have to look into it because the fence ordinance, we have had a Meridian City Council October 17, 1995 Page 54 fence ordinance for a long time, quite some time before 1 came to Meridian, that has been over 20 years ago. We did have a variance procedure under our old ordinance for adoption of the new zoning and the subdivision and development ordinance in 1984. Kingsford: What about subject of (inaudible) they have used that area with that size fence. Crookston: Adverse (inaudible) doesn't apply to the using, the owner using his own property, adverse possession would apply to an owner using an adjacent land owners property. It doesn't even apply. Kingsford: I can't think I was wrong. Crookston: I am not saying that, just that you are mistaken. Kingsford: Well that is something that we need to look in and I don't know as it would necessarily have to hamper tonight's action but it would have to (inaudible). Wilson: I was just curious because where Elm Court comes out and runs into Maple it kind of jogs over there and everybody has a fence right out there that has been there as long as I can remember. Kingsford: A lot of fences have a tendency to go up during none daylight hours, especially back in those days. But at any rate that I guess would answer that question and it would require we look into it a little further. Wilson: I didn't know if I needed to move it or get the variance. Kingsford: It might me that it would require a variance but whatever it is we will let you know. Wilson: Thank you Kingsford: Anyone else from the public that would like to offer testimony on this conditional use permit? Seeing none I will close the public hearing. Counselor, what is your advice with regard to, is it approving or disapproving whichever the Council's will is pending resolution of the variance? Crookston: What the findings require is to have a variance. So I think it would be appropriate to table it until we can find out if that is necessary, if it is not necessary then we can change the findings. If it is necessary you can hold the conditional use until the variance is approved. U Meridian City Council October 17, 1995 Page 55 U Kingsford: What is your position now, are you, in terms of day care, you have people that you Wilson: I do have some children there that I am watching now. They told me that when I applied for this, went and got the fingerprinting and everything that I had a temporary license I guess but until I get this permit I cannot get with Child Care Connections on the food program or get the health inspection or the fire inspection or any of those things. Kingsford: I guess what he is suggesting is that we are going to have to table you probably until the next meeting and hopefully we will have remedied what the situation is on the variance. Wilson: Okay then I wouldn't be able to get my permit until next month. Kingsford: That would be after the November 8 meeting. Crookston: You could, assuming, I think we need that 3 week period to determine what the status of the variance is. You could approve the conditional use subject to, if the variance is needed you could approve the conditional use subject to Mrs. Wilson obtaining that within X number of days. Kingsford: What is the Council's pleasure? Corrie: How many days would you suggest? Crookston: Well, I think right now I think we need to table it and we will find out what the status of the variance is. If you table it until the next meeting at that time I can report to you what the status on the variance is and then you can proceed to grant the conditional use. If you deny it you can grant her so many days to obtain the variance and grant her the conditional use. Tolsma: (Inaudible) Crookston: No, you table it tonight. Morrow: Mr. Mayor, I move we table this application for a conditional use permit to operate a day care by Judy Wilson until our November 8 meeting. Corrie: Second Kingsford: Moved by Walt, second by Bob to table this until the next meeting on November • Meridian City Council October 17, 1995 Page 56 8, all those in favor? Opposed? MOTION CARRIED: All Yea C~ ITEM #21: PUBLIC HEARING: REQUEST FOR A VARIANCE TO EXTEND THE PRELIMINARY APPROVAL TIME AND CHANGE THE NAME FROM MERRYWOOD SUBDIVISION NO. 3 & 4 TO PINE CREEK SUBDIVISION NO. 1 & 2 BY RUSSELL HUNNEMILLER: Kingsford: At this time I will open the public hearing and invite Russ or his designee to speak first. Crookston: Mr. Mayor, I have to declare a conflict of interest in this, I can still swear the witnesses however, but if we need findings, I understand we would on the findings, I would have to request the Council to nominate~another attorney to prepare those. Kingsford: We can't declare your conflict to be minor? Crookston: No Kingsford: Well you are saying we can do that, I had to sit up here. That is fine. Russ Hunnemiller, 3299 Davis Lane, was sworn by the City Attorney. Hunnemiller: Let's see I am asking for a request for a variance to extend the preliminary plat approval time and change the name from Merrywood Subdivision I believe it is No. 3 and Pine Creek Subdivision, I can't have that name so it will be Morning Glory 1 and 2. Basically that is all I am asking. Kingsford: Counselor if this doesn't represent a conflict to you, I am not clear on why we have to approve a variance to extend. We have approved extensions, that has never been a variance. Crookston: I agree with you (inaudible).. Kingsford: I think really, Shari explain that to me, has it already expired, is that the reason? Stiles: Yes Kingsford: But still we have approved without a variance when they have expired before or turned them down. It has never been a requirement to have a variance to my WILLIAM G. BERG, JR., Cily 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, Parka Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney November 20, 1995 Mrs. Judy Wilson 1239 Elm Court Meridian, ID 83642 ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN MAX YERRINGTON WALT W. MORROW 33 EAST IDAHO P & Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI Public WorksBuilding Depamnent (208) 887-2211 JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. 1CINGSFORD Mayor Re: Conditional Use Permit for Daycare 1239 Elm Court Dear Mrs. Wilson: Your conditional use permit was approved at the Meridian City Council meeting of 11/08/95. 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 • i MERIDIAN CITY COUNCIL MEETING: NOVEMBER 8.1995 APPLICANT: ITEM NUMBER; 1.8' # l r REQUEST: TABLED OCTOBER 17.1995: REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A DAY CARE FOR APPROXIMATELY 6 TO 12 CHILDREN BY JUDY WILSON 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 ~~~ Fr~~~~ ~~~ OTHER: AI! Materials presented at public meetings shall become property of the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approv~es/these Findings of Fact and Conclusions of Law on this .~ day of ~~~~~ 1995. COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED_~~~ VOTED VOTED VOTED VOTED VOTED DISAPPROVED FINDINGS OFF CT AND CONCLUSIONS OF LAW - ~-/K~~j ~/~/f~ ,~ .~ ~. ,~ 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM TO: FROM: DATE: ' HUB OF TREASURE VALLEY ~~ i~g s 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) 888-44 GRANT P. KINGSFORD ` ~ n Mayor ~/ Mayor and Council Q Shari L. Stiles, Planning & Zoning Adn 0 November 3, 1995 RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER IOUNTREE :PPER SUBJECT: Request for Conditional Use Permit for Daycare by Judy Wilson Gary Smith and I visited the site today to look at the fence situation. Judy Wilson's fence is one of at least four at/near the intersection of Elm Court and 13th Street that are constructed to the sidewalk. I am told that the fence was constructed in its present location in conjunction with the initial house construction. (Plat recorded in 1975.) A small outbuilding and one or two trees fall within 10' of the existing fence on the Wilson property. Gary paced off the sight distance from Elm Place at 150 feet (approximately to the end of Judy Wilson's property). ACHD guidelines require only a 40' x 40' sight triangle at uncontrolled intersections. Using this criteria, sight distances would be met. I would recommend that the conditional use permit for the daycare be approved at this time and that the Applicant follow-up with an application for fence variance. r MERIDIAN CITY COUNCIL MEETING: OCTOBER 17.1985 APPLICANT: JUDY WILSON ITEM NUMBER; 20 REQUEST; REQUEST FOR A CONDITIONAL USE PERMIT FOR A DAY CARE FOR 6 TO 12 CHILDREN 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: OTHER: COMMENTS P 8z Z MINUTES FOR 8-8-95 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENT c~ ~~/ I~, N 111 Materials presented at public meetings shall become property of the City of Meridian. • • Meridian Planning & Zoning Commission August 8, 1995 Page 18 don't use the restroom but there is access to a restroom, so there shouldn't be a change. Johnson: You indicated, I believe you indicated part-time, do you have any idea of your hours, your business hours? Sherwood: No, I will just leave that up to the clients, what is convenient for them. Johnson: There was a statement made by staff regarding and you probably read that, the operating hours should not impact the neighborhood, so in other words late at night or early in the morning. Would you anticipate that being a problem. Sherwood: Early in the morning, I have a few clients already, I just left a salon called Fingerprints in Boise and they are business vwmen they would come, my last appointment probably would be 5:30 starting at 5:30 and it takes usually about an hour after that. Johnson: Thank you, anyone else have any questions? Thank you, this is a public hearing is there anyone that would like to address the Commission on this application? Seeing no one then I will close the public hearing at this time. We need a motion for findings of fact. Alidjani: Mr. Chairman, 1 make a motion we ask the City Attorney to draw findings of fact. Shearer: Second Johnson: We have a motion and a second to have the City Attomey prepare findings of fact on the conditional use permit request for a nail salon by Gretchen Sherwood, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A GROUP DAY CARE BY JUDY WILSON: Johnson: At this time I will open the public hearing and invite the applicant or her representative to address the Commission. Judy Wilson, 1239 Elm Court, was swum by the City Attorney. Wilson: I am Judy Wilson and t would like to obtain a Conditional Use Permit for my home to do day care. I didn't know if any of you would have any questions. 1 think that the facilities that we have would be appropriate to watch children. • • Meridian Planning & Zoning Commission August 8, 1995 Page 19 Johnson: Are there any questions of the applicant by the Commissioners? Rountree: Have you seen the letter from Shari Stiles, do you have any problems or concerns she made? Wilson: No, I picked up that information Friday, I don't have any concerns about any of that. I had spoken to as many of my neighbors that I caught at home with the schedules coming and going and had them sign a petition. I found that no one around the neighborhood had any concerns whatsoever. Hepper: Will the garage be used as part of the day care facility? Wilson: No Hepper: Is the backyard fenced? Wilson: Yes, the backyard has a new fence actually, it is fenced all the way around with locked secure gates. Hepper: Do you have a swimming pool or anything in the backyard? Wilson: No, there is a swing set back there that they can play on. Rountree: With your fence did you apply for and receive a building permit from the City of Meridian? Wilson: No, we just replaced the fence that was there. Rountree: The fence does not meet the City ordinance requirements and that might mean that you have to come before the City for a variance, setback for a fence that type is 20 feet and your is back of curb. So that is something that ~nrould probably be addressed in the conditional use permit. Wilson: Well if somebody would just instruct me on what to do and where to go. We just took down the boards that were there and put up new posts and new boards. Rountree: I understand. Johnson: Any other questions? Mr. Crookston? Crookston: Since I am not familiar with your property, how are you going to work the drop t • • Meridian Planning & Zoning Commission August 8, 1995 Page 20 off and pick up, how does that relate to the street? Wilson: We have in our driveway we have 3 slots for cars to pull in my driveway and leave. I would assume when people are coming and going everybody if I had 12 openings (inaudible) same time. Crookston: What kind of gates do you have on this fence now? Wilson: They are just out of the wooden slats with the latches on the top and bottom locks. Crookston: Can children open them? Wilson: No Crookston: What ages are you planning on taking care of? Wilson: Infants through 12 years or however old. Johnson: Any age then? Wilson: Yes Crookston: Do you understand that you have to bring, how old is this home? Wilson: About 15 years. Crookston: You would have to. meet the, all of the City ordinances relating to plumbing codes, electrical codes, things of that nature. Are you prepared to do that? Wilson: Yes I understand that we need to bring that up to code. So if I could find out what, if somebody could guide me on what to do, what needed to be done we would take care of it. Hepper: One of the plats here shows a dog run and a dog kennel. How many dogs have you got? Wilson: We have three sharpeis that we send part of the time off to Casper, Wyoming to show. Hepper: Are they vicious? 1 ~ Meridian Planning & Zoning Commission August 8, 1995 Page 21 Wilson: No, they are not vicious at all, they have been around children. Johnson: Any other questions? Thank you Judy, this is a public hearing, is there anyone else that would like to make comments regarding this application? Seeing no one then I will close the public hearing at this time. Request for a conditional use permit it would require findings of fact. Shearer: Mr. Chairman, I move w~ have the attorney prepare findings of fact and conclusions of law. Rountree: Second Johnson: It is moved and seconded we have the City Attorney prepare findings of fact and conclusions of lawforthe conditional use permit for a group day care by Judy Wilson, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A GROUP DAY CARE BY TAMI WOMACK: Johnson: She has in writing requested to withdraw the application as it is contrary to covenants in her subdivision. ITEM #18: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 2.3 ACRES TO R-40 BY BILLY QUINN: Johnson: 1 will now open the public hearing and request the applicant or his representative to address the Commission at this time. Billy Quinn, 2310 North Meridian, was swum by the City Attorney. Quinn: 1 am requesting that, I live on 2.3 acres on Meridian Road between Ustick and Cheny lane. I am getting rapidly surrounded by the City of Meridian. I would like to get annexed myself just to go with the flow. I have a small house on 2.3 acres and I would like to split it off. I am allowed a one time lot split and being annexed will be able to affect that. Johnson: Thank you, are there questions from the Commission to the applicant? Rountree: There is a statement in the letter from Shari Stiles talking about the variety of uses proposed on this piece of property. Would you explain your intent? 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; DAY CARE FACILITY @ 1239 Elm Court - (Judy Wilson) (Request for Conditional Use Permit) 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 August 1, 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. Sanitary Sewer and Water services are existing at the proposed site. Assessment fees for sewer and water service were paid by the builder at the time the building permit was issued, however at that time the proposed use was strictly a residents. Applicant will responsible to supply the Public Works Department with information as to the additional impact the new proposed use will have on water and sewer usage. Additional Assessment fees may be charged against this account to cover the additional impact. Applicant will be required to enter into a Re-Assessment Agreement at this time. C: \ WPWIN60\GENERAL\WIISON. P&Z • • HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS WILLIAM G. BERG, Jr., Clty Clerk A GOOd Place t0 Lrve RONALD R. TOLSMA MAX YERRINGTON JANICE L. GASS, City Treasurer (/~ ITY OF MERIDIAN ROBERT D. CORRIE WALT W. MORROW BRUCE D. STUAR7 Water Works Supt. t/ JOHN T. SHAWCROFT, Waste Water Supt. P 3 ZCOMMISSION DENNIS J. SUMMERS, Parka Supt. 33 EAST IDAHO JIM JOHNSON, Chairman SHARI S. STILES, P R Z Adm. 1VIERIDIAN IDAHO 83642 MOE ALIDJANI JtM SHEARER KENNETH W. BOWERS, Fire Chief , W. L. "BILL" GORDON, Police Chief Phone (208) 888433 • FAX (208) 887-4813 CHARLIE ROUNTREE WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 TIM HEPPER GRANT P. KINGSFORD Mayor MEMORANDUM TO: Planning & Zoning Commission, Mayor and City Council FROM: Shari Stil~nning & Zoning Administrator DATE: August 4, 1995 SUBJECT: Conditional Use Permit for a Group Day Care at 1239 Elm Court by Judy Wilson The applicant has requested conditional use for 6-12 children in her home in Northgate No. 3 Subdivision, an R-8 residential subdivision. Applicant has stated operation to be from 7:00 a.m. to 6:00 p.m. Monday through Friday. If conditional use is granted, Applicant is to limit children to no more than 12; the total number of children cared for during the day, and not the number of children at the facility at any one time, is determinative. Applicant should also instruct parents dropping off children to turn around in the driveway and avoid using the cul-de- sac as a turnaround to minimize impact on additional homes. Signage/advertising that would detract from residential area should not be permitted. Applicant to comply with all fire and life safety codes and keep number of children to approved levels. Applicant shall secure and maintain a child care license from the Idaho Department of Health & Welfare, acquire certificate of occupancy, and furnish evidence of both to the City of Meridian. Sewer and water assessments may need to be adjusted for this more intensive use. This conditional use permit, if granted, should contain a provision for yearly review. ~ • HUBOFTRF..4SUREVALLEY COUNCIL MEMBERS OFFICIAL8 RONALD R. TOLSMA A Good P1Sce t0 L1Ve MAX YERRINGTON WILLIAM G. BERG, Jr., Clty Clerk ROBERT D. CORRIE JANICE L. GABS, Clty Treasurer WALT W. MORROW ~ s wo lt CITY OF MERID P 3 Z COMMISSION ~pt. r er BRUCE D. STUART Wat JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO JIM JOHNSON, Chairman MOE AUDJANI DENNISJ. SUMMERS, Perks Supt. P a z Adm. STILES SHARI 8 IDAHO 83642 MERIDIAN JIM SHEARER , . KENNETH W. BOWERS, Flro CAIef , 2 Phone (208) 888.4433 • Fq~( 1 CHARLIE ROUNTREE TIM HEPPER WAYNE Q CROOKS ON, JR. ANlomey ~ 0 ~~, ~ X11 PnbGc Works/Building Departm 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 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 1 1995 TRANSMITTAL DATE: 7/18195 HEARING DATE: 8/8195 REQUEST: Conditional Use Permit for a croup day care BY: d ilson LOCATION OF PROPERTY OR PROJECT: 1239 Elm ourt - JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 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 & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLA~O~1(PREL~INAL PLAT) CITY FILES / v YOUR CONCISE ~:~~~.~ JULt~i"9~ CITY OF I~(I;I~IUTA14i ~• OFFICIALS • • FLUB OF TREASURE VALLEY COUNCIL MEMBERS RONALD R. TOLSMA A GOOd PISOC LO L1VC MAX YERRINGTON ROBERT D. CORRIE MERIDIAN CITY OF pBZCOMMISSION 33 EAST IDAHO JIM JOHNSON, Chairman MOE AUDJANI MERIDIAN IDAHO 83642 Phone (208) 888433 • FAX (206) 887813 cHARL E ROUNTREE TIM HEPPER Public Works/Building Department (208)887-2211 GRANT P. KtNGSFORD ~Ym WILLIAM O. BERG, Jr., Clty Clerk JANICE L. GABS, City Troasuror GARY D. SMITH, P.E. Clty Enpinaer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waete Water Supt. DENNI8 J. SUMMERS, Parke Supt. SHARI S. STILES, P ti 2 Adm. KENNETH W. BOWERS, Firo Chlsf W. L. "BILL" GORDON, Polics Chief WAYNE G. CROOKSTON, JR., Attorney 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: August 1 1995 TRANSMITTAL DATE: 7/18/95 HEARING DATE: 8/8195 REQUEST: Conditional Use Permit for a croup day care BY: Judy ~"lilson LOCATION OF PROPERTY OR PROJECT: 1239 Elm Court JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 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 8- FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES ~-7` ~ ~` l;S' OTHER: / 7 YOUR CONCISE REMARKS: ago s ,~G GOD~s t~~ ~- i /~ ~ r r~ i sw /=i r2-~ -~ i .~P~I 1 9 ~~~~ ;., CENTRAL CE •• DISTRICT ~HEAETH DEPARTMENT Rezone # Conditional Use # ~~ Preliminary /Final /Short Plat L DISTRICT HEALTH DEPA Environmental Health Division I L+S' ~ - ~ ~~ i Return to: ` ~ . _ ^ 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. ^ t 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 ^ beverage establishment ^ grocery store ^ 15. Date: ~ / ZJr/g Reviewed By: Revie Sheet CDHD 10/91 rcb, rev. I/95 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 8 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; DAY CARE FACILITY @ 1239 Elm Court - (Judy Wilson) (Request for Conditional Use Permit) 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 August 1, 1995 UPDATED 10/17/95 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. The residence at this address is currently under construction. No final inspections or occupancy permit have been issued. THIS G~O~IMENl W~f.S MADE INERROR 2. Sanitary Sewer and Water services are existing at the proposed site. Assessment fees for sewer and water service were paid by the builder at the time the building permit was issued, however at that time the proposed use was strictly a residents. Applicant will responsible to supply the Public Works Department with information as to the additional impact the new proposed use will have on water and sewer usage. Additional Assessment fees may be charged against this account to cover the additional impact. Applicant will be required to enter into a Re-Assessment Agreement at this time. C: \WPWIN60\GENERAUWIISON. P&Z OFFICIALS WILLIAM G. BERG, Jr., Gty Clsrk JANICE L. GASS, Clty Troasurer GARY D. SMITH, P.E. Gty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Watsr Supt. DENNIS J. SUMMERS, Perks Supt. SHARI S. STILES, P fi 2 Adm. KENNETH W. BOWERS, Firo Chlef W. L. "BIU." GORDON, Pollce Chlef WAYNE G. CROOKSTON, JR., Attomsy • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 ~ ~ ~ ~ D n n Phone (208) 888433 • FAX (208) 887813 V a.tit:.. ar.,.4~ in..a.t;~e I~nwrtment /1D61887-2211 GRANT P. KINGSFORD Mayor MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ~4DA 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 8: FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8: FINAL PLAT) BUREAU OF RECL4MATION(PRELIM r~ FINAL PLAT) CITY FILES COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINtiTON ROBERT D. CORRIE WALT W. MORROW P 82 COMMISSION JIM JOHNSON, Chslrman MOE AUDJANI 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 8r. honing Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~i ~~~st 1 1995 TRANSMITTAL DATE: 7/18/95 HEARING DATE: 8/8/95 REQUEST: Conditional Use Permit for a croup day care BY: Judy ~"Jilson - LOCATION OF PROPERTY OR PROJECT: 1239 Elm ourt JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTfvIENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER YOUR CONCISE REMARKS District has no comment Permit or a group day care. 2 1 JUL 1995 NAMPA 8 MERIDIAN IRRIGATION DISTRICT Nampa ~ M on this C i Henson, Assistant Water Superintendent= Nampa & Meridian Irrigation District ~;, ~ ~ ~~ ` ~-, 4 MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: AUGUST 8.1995 APPLICANT: JUDY WILSON AGENDA i TEM NUMBER: 16 REQUEST: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A GROUP DAY CARE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: • • ,;; SEE ATTACHED COMMENTS SEE pTTACWED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" ~' CITY FIRE DEPT: SEE ATTACHED COMMENTS 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: ~Y t~~ C~'~~ SEE ATTACHED COMMENTS ~~i k~4 a US WEST: INTERMOUNTAIN GAS: +I~ ~f " Vvf BUREAU OF RECLAMATION: ~d(I~ THER: ~ J O A~I_ Materials presented at public meetings shall become property of the City of Meridian.