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HomeMy WebLinkAboutLofton, Tyia CUPOFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 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 5. 1997 TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97 REQUEST: Conditional Use Permit for a Child Care/Preschool for 8 to 10 children BY: Tvia Lofton LOCATION OF PROPERTY OR PROJECT: Lot 15, Block 2 Kearney Place Subdivision JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPAR'T`MENT 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. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN BE TLEREE GLENN R. 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 5. 1997 TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97 REQUEST: Conditional Use Permit for a Child Care/Preschool for 8 to 10 children BY: Tvia Lofton LOCATION OF PROPERTY OR PROJECT: Lot 15, Block 2 Kearney Place Subdivision JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPAR'T`MENT 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. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: A 0 0 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ADDRESS: (0_I � h amt PHONE: g5 —Z l o �p v GENERAL LOCATION: () aaye DESCRIPTION OF PROPOSED CONDITIONAL USE: ZONING CLASSIFICATION: I certify that the information contained herein is true and correct. _ �� ititill%tel A 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 0 APPLICATION FOR A CONDITIONAL USE PERMIT 1_ TYIA LOF'FON 226.1: E. KATELYN MERIDL4X 11)♦ 83642 884-2106 2 MIKE AND TYIA LOnON 2261E KATELYN MERIDIAN ID. 83642 894--2106 3. LEGAL. DESCRIPTION OF PROPERTY: LOT 15, BLOCK 2, KEARNEY PLACE SUB. MERIDIAN, ADA. COUNTY, IDAHO 4. SEE ATTACHED WARRANTY DEED MARKED #1 FOR PROOF OF OWNERSIW OF SUBJECT PROPERTY. 5. THE. SUBJECT PROPERTY HAS ALWAYS BEEN USED AS A RESIDENTIAL HOME: ONLY. 6. THE. SUBJECT PROPERTYIS PRESENTLY BEING. USED AS A. RESIDENTIAL HOME WHERE THE RESIDENCE SLEEP, EAT, AND -LIVE 7. THE PROPOSED USE OF'SUBJECT PROPERTY 1S TO UTILIZE TIE LARGE DOWN STAIRS ROOM AND OPPERATE A CHILDCARE BUSINESS OARING FOR NO MORE THEN 12 CHILDREN IN ONE DAY. THE SUBJECT PROPERTY WILL STILL BE MAINTAINED AS A RESIDENTIAL.HOME. 8.. THE DISTRICT THAT PERTAINS TO THE SUBJECT PROPERTY I&R-8. 9 sEE ATTACHED (3a) COPIES OF A VICINITY MAP MARKER #2. 10. AN OUTLINE. OF THE PROPOSED PROPERTY SITE FOR THE CONDITIONAL USE -SHOWS THE: BUILDING; PARKING AND LOADING AREAS, TRAFFIC ACCESS(FOR TRAFFIC CIRCULATION LOOK ON ATTACHED PAPER #2), OPEN' SPACES, LANDSCAPING, SERVICE:AREAS AND YARD IS. SEE ATTACHED #3' It. THE CHARACTERISTICS OF SUBJECT PROPERTY WHICHMAKE A CONDITIONAL,USE DISIRABLE "ARE LARGE DOWN STAIRS AREA FOR THE CHILDREN TO LEARN AND PLAY, LARGE BACK YARD AREA, LARGE 3 CAR GARAGE FOR EXTRA PARKING AND TRAFFIC. 12. DEAN EHLERT SAID. MERIDIANI CITY HALL WOULD PRODUCE THE.MAIINtG ADDRESSES OF TIIE. PROPERTY OWNERS WITHIN 300: FEET OF MY PROPERTY. 13. TOTAL FEE= 14. I Q+;AGREE TO PAY ANY ADDITIONAL SEWER, WAFER OR TRASH FEE. OR CHAR S, IF ANY, ASSOSIATED WITH THE USE; WHETHER THAT BE RESIDENTIAL, COMMERCIAL OR:INDUS.TRtAL. 0 • 15. I HAVE READ THE APPLICATION AND VERIFY THAT TAE INFO CONTAINED. THEREIN IS TRUE AND CORRECT. 1.6. I: AGREE. TO HAVE THE PROPERTY POSTED I WEEK BEFOI THE HEAR=,TG THEY' HAVE. APPLIED FOR A.CONDITIONAL USE. -r-- M;. ••r+' READ AND APPROVED BY �r A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 888 North Cole Road / Boise, Idaho 83704 / Telephone (208) 377-2700 WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED GERLAD V. ELLIOTT, AKA GERALD V. ELLIOTT AND NANCY ELLIOTT, HUSBAND AND WIFE Grantor s , do hereby grant, bargain, sell and convey untoMICHAEL JAMES LOFTON AND TYIA LYNN LOFTON, HUSBAND AND WIFE the Grantee s , whose current address is: 2261 E. KATELYN DRIVE, MERIDIAN, ID 83642 the following described real property in ADA County, State of Idaho, more particulary described as follows, to -wit: LOT 15 IN BLOCK 2 OF KEARNEY PLACE SUBDIVISION NO.3, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 63 OF PLATS AT PAGES 6370 AND 6371, RECORDS OF ADA COUNTY, IDAHO. 9402190 i_ DER BOISE ) '94 APR 7 Fill 19 RECU,,. l ST Or TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee sand Grantee heirs and assigns forever. And the said Grantor sdo hereby covenant to and with the said Grantee s , the Grantor s 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, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor s will warrant and defend the same from all lawful claims whatsoever. Dated: APRIL 7, 19 4 ERALD . /ELZOTT' .••'�•e.N D Yf R ZNC2Y= IOTT L � STATE OF IDHAO Coulmy� ,. — , ss. On this 07 day of Ap -— _�'•�9 }j y � A•��-,, , before me CANDY KIRKEj' r; 1_ I• f' , a notary public, per- sonally appeared - rp"LuV FT T.TOTT AD1IL•arm '• ' TOTT - known or idem �[ic$ tq me tp,b� thF person s_whose name s— arP subscribed to the within instrument, and acknowledge �tictm�that••_ r 'Uecuted the same. NOTgR * �•� +V ; Notary Public: l�<^ pC * Residing at: N '. UB11 .` My Commission Expires: .• LOFTON DAYCARE CUP P&Z 8/12/97 "Parcel" "Owner" "Ownadd3" "Ownlast" S1105244550 © SHARP FRED D & ANE HELEN 2445 WINGATE IN MERIDIAN ID 83642-5709 R1384300040 HIGDON CLARENCE 2157 E LOCHMEADOW CT MERIDIAN ID 83642-5791 R1384300030 ® WILDER PAUL J & SUSAN M 2153 E LOCHMEADOW CT MERIDIAN ID 83642-5791 R4846520140 © LEVERS MICHAEL JAMES & MARIA L 2150 E KATELYN DR MERIDIAN ID 83642-5777 R4846520150 (� SLYTER GORDON N & JODI A 2162 E KATELYN DR MERIDIAN ID 83642-5777 R4846540010 ® WESTBY KENNETH G AND DAVIES M 2190 E KATELYN DR MERIDIAN ID 83642-5777 R4846540020 aNIEDENS RICK L & DEE ANN 2214 E KATELYN DR MERIDIAN ID 83642-7320 84846540030 CARON JANET MARIE 2228 E KATELYN DR MERIDIAN ID 83642 R4846540040 LEQUERICA CINDY L 2250 E KATELYN DR MERIDIAN ID 83642 R4846540050 LOVEDAY BILL C SR & MARY E 2365 N DEVLIN AVE MERIDIAN ID 83642-7322 !� 84846540250 (1�'' PORTER LLOYD L 2376 N DEVLIN AVE MERIDIAN ID 83642-7322 84846540170 iq HANKINS LANCE C & REBEKKA J 2361 N WINGATE PL MERIDIAN ID 83642-7337 R4846540240 i PETERS CHRISTOPHER S & LISA K 2358 N DEVLIN AVE MERIDIAN ID 83642-7322 84846540180 RILEY STEVEN C & LINDA M 2347 N WINGATE PL MERIDIAN ID 83642-7337 R4846540230 BAILEY JANINE LYNN 2334 N DEVLIN AVE MERIDIAN ID 83642-7322 R4846520190 LAURETTE ©HERMAN ROGER W JR 2159 E KATELYN DR MERIDIAN ID 83642-5778 84846540110 ® BOYD KAREN E & JOHN R 2187 E KATELYN DR MERIDIAN ID 83642-5778 84846540100 PARSONS EDWARD EARL III & ELIZABETH ANN 2203 E KATELYN DR MERIDIAN ID 83642-7320 84846540090 DONS TERRY R & JULIE A 2235 E KATELYN DR MERIDIAN ID 83642-7320 46540080 LOFTO CHAEL JAMES & TYIR LYNA ��Qr 2261 E KAT DR Ll MERIDIAN ID 836 320 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 7:00 p.m., on August 12, 1997, for the purpose of reviewing and considering the Application of Tyia Lofton, for a Conditional Use Permit for land located in Lot 15, Block 2 Kearney Place Subdivision, Boise Meridian, Ada County, Idaho, and which property is generally located at 2261 E. Katelyn. The Application requests a Conditional Use Permit to start a Childcare — Preschool for 8 to 10 children, Monday — Friday 5:30 a.m. to 6:00 p.m. 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 25th day of July, 1997. WILLIAM G. BERG, JR., CKY CLERK PUBLISH July 25, and August 8, 1997. 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 7, 1997, for the purpose of reviewing and considering the Application of Tyia Lofton, for a Conditional Use Permit for land located in Lot 15, Block 2 Kearney Place Subdivision, Boise Meridian, Ada County, Idaho, and which property is generally located at 2261 E. Katelyn. The Application requests a Conditional Use Permit to start a Childcare — Preschool for 8 to 10 children, Monday — Friday 5:30 a.m. to 6:00 p.m. 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 19`h day of September, 1997. C�L �`) bVII A N K. DOTY, EPUTY TY CLERK PUBLISH September 19, and October 3, 1997. DULR1u& CNII.DCREE NIRS 50*30 NN+ W, 4:590"r Aw U,pslwrl2s 1,W got bs u4aa�� Meridian City Council October 21, 1997 Page 11 ordinance which Ms. Stiles and Mr. Smith are to have for us at our strategic planning meeting on the 28tH Corrie: Any further comments? Hearing none I will close the public hearing. Any further discussion? I will entertain a motion to your effect Mr. Morrow. Morrow. I would move to table to November 5tH Tolsma: Second Corrie: Motion made to continue this, are you asking for a continue of the public hearing or just continue this? Okay, continue the discussion until November 5th, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Mr. Mayor, as a point of clarification for Mr. Hepworth, what we are doing is tabling until the information comes in. Then November 5th we would instruct the City Attorney to draw up findings of fact and conclusions. ITEM #15: PUBLIC HEARING CONTINUED FROM OCTOBER 7,1997: REQUEST FOR A CHILD CARE PRESCHOOL FOR 8 TO 10 CHILDREN BY TYIA LOFTON — 2261 E. KATELYN: Corrie: I will open the public hearing at this time, is there a representative of the child preschool here tonight? Shari did they know about this tonight as well? They were notified. Morrow. Mr. Mayor, if memory serves me this is the second failure to show by these folks, I would move that we remove it from the future agenda. Bentley: Second Corrie: Just a minute, is there anybody else from the public that would like to issue testimony in this? Dave Olsen, 2145 East Katelyn, Meridian, .was sworn by the City Attorney. Olsen: I just want to go on record and state that I don't know if the decision has been made or not to decline this. I am opposed to it for the increased traffic on a very small street in a subdivision. It is not a through street and by allowing ten children it would increase the traffic flow a lot. There is only 18 houses on the street counting both sides of the street. I just want to go on record again, thank you. a• Meridian City Council October 21, 1997 Page 12 Come: Thank you Mr. Olson, anyone else from the public that would like to issue testimony? Mike Levers, 2150 East Katelyn Drive, Meridian, was sworn by the City Attorney. Levers: Besides agreeing with Mr. Olsen as to what he said, I would like to also state that I am not in favor of a day care in our neighborhood for numerous reasons. One 1 brought our covenants to Kearney Place Subdivision which I can give to you for evidence but it clearly states in here that no business is to be operated in the neighborhood other than an occasional garage sale. I think twice a year it allows for a garage sale. These folks moved into the neighborhood with knowledge of the these covenants and then want to change it to have a business in the neighborhood. That coupled with the fact our street doesn't lead anywhere it circles around to another drive. It would increase the traffic dramatically. There are at least 18 children in half a block area there, that if there were ten cars driving in and out of the subdivision twice a day to drop off and pick up that is 20 extra cars through there with 17 kids in the neighborhood. I don't feel that is particular safe. That coupled with the fact we wouldn't know who these people are. Only Mrs. Lofton would know, I don't feel secure having strangers in my neighborhood that I don't know who they are with my daughter six years old. She plays out in the front where there is kind of a little culdesac. There is a map in here too you can look at it. It is sort of a culdesac type deal where kids ride their bicycles and play, it is out of the traffic but it is part of the street. For those reasons I am opposed to them opening a day care in our neighborhood also. Corrie: Anyone else that would like to issue testimony at this time? Seeing none, any further discussion Council before I close the public hearing? Morrow. My only point of discussion is my motion was out of order, I missed the continued part of the public hearing. So I will withdraw that at this time. And say that it is appropriate that from my perspective in terms of discussion I did not wish to continue the public hearing awaiting them to testify. They have had two opportunities and so it makes sense from my standpoint to go ahead and close the public hearing. Corrie: At this point I will close the public hearing. We have the decision that you can make now Mr. Morrow. Morrow. My motion would be that this item be dropped from the agenda for failure of the applicant to appear on two occasions and offer testimony in support of their own application. Bentley: Second Corrie: Motion is made and seconded that we drop the request for a child care preschool conditional use permit, any further discussion? All those in favor? Opposed? Meridian City Council October 21, 1997 Page 13 MOTION CARRIED: All Yea ITEM #16: FINAL PLAT FOR THE LAKE AT CHERRY LANE NO. 7, 59 LOTS BY STEINER DEVELOPMENT: Corrie: I guess the final plat, would you like to say anything? Bradbury: Mr. Mayor and members of the Council I am Steve Bradbury I have been asked to present the final plat for the Lake at Cherry Lane No. 7 this evening. I really don't have a whole lot of presentation to make. I understand you have a packet of all of the materials that were submitted about a month ago. It is probably worth pointing out a couple of modifications that were made from the preliminary plat to the final plat just so that you will know that they are there. Many of these were as a result of requirements that were made or conditions that were imposed upon the approval of the preliminary plat. The first is that the right of ways have been widened from 40 feet which was originally proposed to 42 feet as required by the Council and that would include a 5 foot sidewalk on one side of the street also as approved by the Council. And in addition in order to provide a little bit more room for some setbacks and to provide for some staggering of the building fronts along the streets of the subdivision the lot depths not all of them but most of the lot depths were increased from 99 feet to 101 feet. And you can see the dimension as shown on the final plat. That allowed for that staggering to take place so we have a minimum setback of 18 feet up to as much as 21 feet. Most of the lots again were increased in width from the originally proposed and approved 33 feet to 35 feet. That is with exception of some of the interior lots. When I say interior lots I mean lots that are on the inside of the triplex of fourplex unit. So we have all in all the lot sizes on average have grown. The number of lots was reduced from 60 to 56 that enabled some of this extra room to be utilized for the streets and other purposes. The parcel itself that these comprised that takes the preliminary plat the width of that was increased by 13 feet and that is where the extra right of way and the extra lot depths footage came from. That added about 8000 some square feet to the total plat. The unit sizes that are proposed for approval are in the 1200 square foot plus range. That was approved at preliminary plat 1160 square feet. So all in all what we have is a project with less density, larger lots on average, and larger units than what you originally saw back at the preliminary plat stage. It is my understanding that Mr. Campbell met with Gary and Shari and Bruce for design review purposes presented to them three elevation choices that would be used throughout the project. That is also something that the City Council requested as a condition of approval for preliminary plat. That also showed the staggered setbacks and I think you have a drawing in there in your package that shows that. That is also my understanding that you folks may have already seen those elevations as well. Keith Jacobs the project engineer has responded to the staffs comments by his letter of October 17, 1997. 1 expect that you probably have a copy of that somewhere in front of you. I think and I guess now is the time that we find out that everything is in order with respect to those issues. There was one additional item tha: wasn't addressed in the letter tnat was addressed as an item that we tried to show to you folks (End of Tape) driveway treatments would work. (Inaudible) You have before MERIDIAN CITY COUNCIL MEETING: OCTOBER 21 1997 APPLICANT: TYIA LOFTON ITEM NUMBER: 15_ REQUEST PUBLIC HEARING CONTINUED FROM 10 7 97• REQUEST FOR CONDITIONAL USE PE M FOR CHILD CAIS /PRESCHOOL FOR 8 TO 10 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 All Materials presented at public meetings shall become property of the City of Meridian. ' Meridian City Council October 7, 1997 Page 24 Corrie: Any questions for staff? Rountree: I have a question for Shari, on this variance it would be for this sign and no additions to this particular standard or would the variance allow somebody to come along and request the owner of the sign to put their shingle up there as well. Clear down to the landscaper. Stiles: If they get a variance and a sign permit it will be as they have presented it in their sign permit application. Corrie: Any further questions? I will close the public hearing. Morrow. Mr. Mayor, I move that we instruct the City Attorney to prepare the findings of fact and conclusions of law on the request by William Ritter, 317 W. Cherry Lane. Bentley: Second Corrie: Motion made and seconded that we draw up findings of fact and conclusions of law for the 21 rt of October, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR CHILD CARE/PRESCHOOL FOR 8 TO 10 CHILDREN BY TYIA LOFTON - 2261 EAST KATELYN: Corrie: I will open the public hearing at this time and ask the owner or representative of the Child Care and preschool to step forward. Is there anyone from the public that would like to issue testimony? David Olson, 2145 East Katelyn, Meridian, was sworn by the City Attorney. Olson: I won't take a lot of your time, I just want to state that I am opposed to allowing the day care at this location. The reason being is for the increased traffic that would be generated on Katelyn Drive. Katelyn Drive is not a through street so all of the traffic that comes to the day care would go through an intersection of East Chateau and Katelyn Drive and I don't speak in public really well so I am really nervous. The intersection right now is an unmarked intersection that is a three way unmarked intersection. There are a lot of children in the subdivision. By allowing ten people or ten children at a day care you could increase the traffic through that intersection of 40 cars a day. That is about (inaudible) And I think that is an awful lot for a residential subdivision. So I just want that to go on record and let you guys decide what you want to do. Morrow. Question Mr. Olson, it is my understanding the application that there are already (inaudible) they are asking to increase it by two children. Meridian City Council • October 7, 1997 Page 25 Olson: I don't know if that has ever been approved that there is a day care there. It was my understanding they were applying to allow children there right now. I am not under the understanding that they are currently running a day care there. Morrow. (Inaudible) Olson: There was a hearing at the Planning and Zoning Commission probably about a month ago and I was out of town and unable to attend that. I thought that was for when you, conditional use permit is what this is for. I Morrow. t may very well be, it may (inaudible) so the best of your knowledge there is not currently Olson: To the best of my knowledge, but maybe that is where the all the commission (Inaudible) So six or less they don't need to apply for anything and they want to increase it from Crookston: You do, it is five or less it is an accessory use. Olson: I guess what I am asking is at least take a look at the intersection and look at the traffic patterns there before you grant this. Thank you Corrie: Anyone else from the public that would like to issue testimony at this time? Helen Sharp, 2445 Wingate Lane, Meridian, was sworn by the City Attorney. Sharp: I am not really directly involved however I am within the 300 feet of this so it isn't going to greatly affect me. The comment that I have here tonight since many of you have seen me here more than once I am asking please would you take into consideration the people that are really affected by this decision of 4 people our councilmen and of course our Mayor voting if we have to break a tie. Because the people that live on Katelyn and close by are the ones that have to live with it once your decision is reached. I went over there and walked by the property and he is right it isn't a through street and it is a three way. So the access in and out of that property would be very limited. I am having a little problem because the people requesting this aren't here and I don't know if it is because the people in the neighborhood don't really care or if they have decided what difference does it make we can spout off and that is like talking into the wind why waste your time. So I would ask that you please take into consideration the people affected by your decision. Thank you Corrie: Thank you Mrs. Sharp, anyone else that would like to issue testimony? Council, questions or discussion? i • Meridian City Council October 7, 1997 Page 26 Bentley: Mr. Mayor, seeing as how the applicant isn't here my feelings would be that we continue the public hearing and notify the applicant. If the don't show up the next scheduled appointment that we drop the application. Morrow. Second Corrie: Motion made and seconded that continue the public hearing with the notification to the applicant if they don't show up the 216t that their application will be dropped from the agenda, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 35.69 ACRES TO R4 FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO. — BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE: Corrie: At this time I will open the public hearing and invite the representative of the annexation and zoning to step forward please. Ken Ross, 16325 SW Bens Ferry Road, Lake Oswego, OR, was sworn by the City Attorney. Ross: I am the senior project manager over the Washington and Idaho projects. The project manager that is assigned to this particular project was playing with his kid on Sunday and hurt his back so he is not here tonight. So because of that a lot of the issues regarding planning, design engineering and so forth I am going to defer to Van Elg who is sitting back there and Dean Briggs with Briggs Engineering. I would like to just take a moment to introduce our firm who we are, do as much as I am capable of doing in regards to this particular project before I turn it over to them. We are Pacific Land Management is a tri-state development firm. We started in the Portland, Oregon tri -county area and have in the last four or five years expanded to Washington and now Idaho. This is our first project in the State of Idaho and we are very excited about this project. As has been mentioned before it is a 35 acre parcel it is across the street from Ashford Greens. It is a new development an upper scale development. It has been our heart from the beginning to try to put together a development that is complimentary not necessarily competitive to it but complimentary to it. So we have looked at producing a product that would not directly compete with it but would compliment that existing product. We have looked at a minimum of 8,000 square foot lots for this site and there is I think 118 of them. They go from the smallest lot of 8,000 up to a little over 16,000 square foot lot. Our intent for this particular project was to do something unique. One of the things that we are faced with in developments in Washington and Oregon is usually some significant topography issues. We found that is really not the case in Meridian there is not that much topography around here. So what we looked toward for this. particular development was design. To try to do something unique something that would enhance livability. So the design you are going to see tonight I hope reflects that. One • i MERIDIAN CITY COUNCIL MEETING: OCTOBER 7 1 ITEM NUMBER: 11 APPLICANT: TYIA LOFTON FAR 8 TO 10 CHILDREN REQUEST; COMMENTS AGENCY P & Z MINUTES FOR 842-97 CITY CLERK: SEE ATTACHED COMMENTS CITY ENGINEER: CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS yid �,6aj OTHER: erty of the City of Meridian. All Materials presented at public meetings shall become prop Meridian Planning & Zc*g Commission August 12, 1997 Page 8 0 visualize that would be cross traffic at that north entrance to get over to the ATM machine? Toolson: I don't know, it may be used after they go through the drive through lane but that circulation is existing again. It is (inaudible) Borup: (Inaudible) I would think that once somebody has gone through the drive through that would probably not be a problem. I have no further questions. Johnson: Thank you, anyone else from the public that would like to address the Commission at this time on this application? Seeing no one then I will close the public hearing at this time. This is a request for a conditional use permit it would require findings of fact being prepared, I will entertain a motion. Borup: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions of law on this application. MacCoy: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR A CHILD CARE/ PRESCHOOL FOR 8 TO 10 CHILDREN BY TYIA LOFTON — 2261 E. KATELYN: Johnson: At this time I will would as that the applicant or the applicant's representative come forward and be sworn. Tyia Lynn Lofton, 2261 E. Katelyn, Meridian, was sworn by the City Attorney. Johnson: So basically you just tell us what you want to do and then we ask you questions. Lofton: I plan to, I would like to set up a preschool for maximum of 8 children. it says 8 to 10 here but I don't want any more than 8. 1 have two of my own so on any given day I don't want anymore than 8 children in the home. I would like 3 full timers and 2 part timers. It will be preschool set up, I have an entire big huge family room that I plan to use. I just plan to use the bottom part of my house, the top level will not be used. My hours will be 5:30 to 6:00 at night, Monday through Friday. That is it. Johnson: I apologize for mispronouncing your name, but it is a new one for me. Any questions for Tyia? Meridian Planning & ZoI*g Commission August 12, 1997 Page 9 Borup: You said 6 employees 3 full time, 2 part time? Lofton: No 6 children, 3 full time and 3 part time. Borup: Any employees? Lofton: No just me. Borup: So at this point do you have any ideas on ages of children? Lofton: Zero to five. Johnson: Have you read the recommendations from the staff? Lofton: No I have not. Johnson: You don't have this letter dated August 1" Lofton: No it has not been given to me, I haven't received anything in the mail anyway. Johnson: Well you need to get a copy of it because there are several conditions in tiles our City there, 16 in fact in the letter prepared by Bruce Freckleton and Engineer assistant and P & Z Administrator. There are some requirements on your part, one of the things that is in there is a question, item 13 is what are your proposed hours of operation. Lofton: 5:30 a.m. to 6:00 P.M. Johnson: Here is a copy for you of that letter and I am surprised you don't have it because it went out quite a while ago. Anyway you need to familiarize yourself with those and I didn't mean to interrupt Commissioner Borup, were you finished? Borup: That was my next question was if she had a any comments on the staff -comments. Have you been doing preschool, child care previously to Lofton: I have worked at a child care facility here in Meridian. Borup: Has that been your experience that they start arriving at 5:30? Lofton: No, I just have a friend that I have been watching part time and she knew a couple of other people that were interested and I said I would love to but I need to get a permit. Borup: Well I just wonder if you really think they are going to be coming at 5:30. • Meridian Planning & Zo*g Commission August 12, 1997 Page 10 Lofton: Yes I do have several that are interested believe it or not. Borup: At that time, so they have some early shifts they are going to. MacCoy: Chairman Johnson asked the same question about this piece u d litet ture that ask you you received here. I want to kind of spin off of that here because a couple extra questions that go with this. Do you have any open areas in the back of your place that like a swimming pool or ditch or anything like a well? Lofton: No I do not. MacCoy: Your place is fenced already? Lofton: Six feet all the way around. MacCoy: What kind of fence is that, is it a wood fence? Lofton: Yes MacCoy: Does it have a lockable gate on it for a pad lock? Lofton: Yes it does MacCoy: Because kids are pretty good about finding ways to get out. Is your home a two story home? Lofton: It is a two story, I will have a gate at the bottom of the stairway blocking it off because the upstairs will not be used. MacCoy: The Fire Marshall will want to discuss that with you. I have e anothe question here, where was I, you don't plan on taking care of any handicapped dren Lofton: No I do not. It has not arisen and 1 probably do not have the training to do so. MacCoy: What about parking? Lofton: Well I have a three car garage so there is the three spaces in my garage spot and there is easy three spaces in front of the house. MacCoy: You mean on the apron that goes into the garage? Lofton: Yes MacCoy: What about your neighbors have you talked to them about this? Meridian Planning & Zo*g Commission August 12, 1997 Page 11 Lofton: I have talked to most of my neighbors and they are any favor- them yway. call Dan Wood the developer. They haven't come to me withY Problems yet an I have talked to them very personal. I am really good friends with itof them so I asked them before I even started doing this if there was any problem MacCoy: Does your home in a neighborhood that has a homeowners association? Lofton: Yes it is MacCoy: And you will have a set of documents that govern your living conditions in that area. Have you read those? Lofton: Yes I did and there was a question there because he didn't seem to about t thing about a home business and I did talk to Dan Wood about is if no one complained. MacCoy: But you didn't receive a letter or anythingaloverom him out Borfrom anybody in your th s so you don't have homeowners that has authority that is going to Y future problems on this? ing to happen tonight I would probably call Dan Wood Lofton: Deciding on what was go and et, because he is the developer he is the main person that ism to be too worried 9 and I was probably going to get something from him. He didn't see about it. So yes I could get something signed. MacCoy: Well we have a problem with that because cjust d ouo muc hb the lavl but your homeowners association material take precedent have been over there at your place or around that area and (Inaudible) it is not a through street it is a, what would you call it? Lofton: It goes all the way around MacCoy: It goes all the way around but you can't just get in the car and just drive straight on through (inaudible) Lofton: No MacCoy: You have no problem with that then, there is no traffic in other words accept people that live there? Lofton: Yes, there is no big traffic or anything there. MacCoy: I wondered, I didn't sit there and watch the traffic but I wondered what kind of traffic you did have in an area like that. Meridian Planning & Zdag Commission • August 12, 1997 Page 12 Lofton: Just the normal neighborhood traffic, teenagers stuff like that, no major traffic. I think that pretty well answers my questions. Johnson: Do you know Mike and Marie Levers? Lofton: No I do not, I think that is the only people who had a Johnson: Do you have a copy of the letter there that they wrote to the City Council? Lofton: Let me look here, I think they live way down the street on the comer. Johnson: This is a letter in opposition and one of their reasons stated as Commissioner MacCoy referred to they interpret your CC&R's your covenants to be in opposition to your application. They don't agree with the 5:30 a.m. time they think that is too early. They see it as a hazard, they say your street is not a through street they think it is too many children and they worry about home values being affected. So have you had any discussions with these people at all. Lofton: They have not contacted me no. Johnson: Have you contacted them? Lofton: No I have not, I contacted Dan Wood and he did say that they did contact him. He, last of my knowledge when he talked to them they were not opposed at that particular time. Johnson: Well they took the time to write this letter. How far away are they from you? Lofton: I believe they are down the street at the very corner, across the street like 6 houses down, the very comer. Johnson: Their address is 2150, what is your address? Lofton: 2261, 1 know they are not an immediate neighbor because I have talked to all of my immediate neighbors. I know five of them across the street so they have to be on the far end. MacCoy: When you say immediate neighbors that is the ones on both sides of you and back of you. Lofton: My immediate neighbors that I have talked to, two on each side of me, two on the same street and then I have talked to four across the street. MacCoy: I was concerned when they wrote this letter they said safety to the children and I was that is the reason I parked over in your area because I was trying to figure out Meridian Planning & Z009 Commission • August 12, 1997 Page 13 what kind of traffic system do you have because t is our aoeop a. situation and I couldn't see where you would have anybody speeding through y Lofton: There is nobody that speeds I think we have a c and tple heeco neer but Imean g in the really don't know. I don't see a lot of kids except for street or anything like that. I really don't, my kids don't play in the street, so I don't know the problem with the children. It is a 20 speed limit zone. I don't know and most people that are going to be coming to pick up their children are going to be, they are parents of children so the safety of other children I would think be in (first'nd too. I thing I think oow f as a as a parent when I am driving through a neighborhood that is the parent is the safety of children that are in the street or by the street. MacCoy: Do you have a watch system in your neighborhood to take care of children? Lofton: Not that I am aware of no. MacCoy: Because they mention in this letter to do with strangers in your area and that is a valid concern I think. Lofton: Not that I know we don't, if we did I would probably be on it. Borup: Maybe just a comment that I think was alluded to that you understood that no matter which action either way the City takes it has no bearing on your subdivision covenants. That would be separate. Lofton: I know I would have to go through Dan Wood. Borup: That is something the City does not have any jurisdiction over either way. Lofton: I know 1 have to go through Dan. Johnson: When you say you have to go through Dan is your subdivision not built out is he still have the (inaudible) Dan doesn't have anything to association?o with it if it s in the hands of the Homeowners Association, do you have a homeowners Lofton: No we don't, we don't have, we don't pay monthly or anything. Johnson: I don't mean that but do you have a homeowners association, once the development a subdivision is built out and it becomes the and the developer backs'Iity out at hat of the homeowners association to enforce the coven ants point. Lofton: I think he is part of that homeowners association because when I I talked have to him he said that he would be the one that answers ail of thecomplaints. Meridian Planning & ZC*g Commission August 12, 1997 Page 14 personally gotten anything in the mail saying the people that are the head -of it or anything. 0 your homeowners association these are Johnson: But you have a copy of your covenants right? Lofton: Yes I do Johnson: Does it make reference to a homeowners association in your covenants? Lofton: Probably, I haven't looked at it for that particular reason. Johnson: Does anyone else have any questions of the applicant? Fitzgerald: I have just a couple, do you have any open water on your property such as ditches or swimming pools? Lofton: No I do not Fitzgerald: And. just so the record is clear you have three children or your own Lofton: Two Fitzgerald: Two and then you will have six additional children? Lofton: Three to six depending on the day yes. Fitzgerald: Thank you Johnson: Thank you very much we may ask Yothis ato pplication? l Is there any further that would like to address the Commission on pPcat on discussion among the Commissioners, if not I will close the public hearing. Borup: Just a little concern that the applicant has had a chance o see f the�e es any comment she ad staff -comments. And is there a way to give her time to do that tonight may have pertaining to that? Is it that critical? Johnson: It is a matter of interpretation how critical something is. I imagine they wrote those for the reason. Borup: I think the life safety things have already been addressed. Johnson: You can incorporate those comments tf Theresare�atlo�of motion is contingent upon acceptance of staff recommendations ways that you can handle that. Meridian Planning & Z009 Commission August 12, 1997 Page 15 Borup: Well the only question I had on staff comments was number five. Johnson: Why don't you ask the applicant to come up. Borup: That is what I was wondering, if there a way to maybe give staff comments that r time to read that first or have you had a chance? Was there any question you had o you are unsure of what they want? Lofton: Health and Welfare send you out a piece of paper saying everything you have to do to qualify for a child care license. A lot of them are the same requirements so I am familiar with most of them. Borup: That is all I had then Mr. Chairman. Johnson: At this time I will close the public hearing, this would require findings of fact being prepared. Borup: Mr. Chairman I move we have the City Attomey prepare findings of fact and conclusions of law on this application. MacCoy: Second Johnson: it is moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on item #7, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Do you understand what happened? You will be on the agenda again next time but it will not be a public hearing nor will you get an opportunity to testify. We will just go through the findings of fact like we did on the first wh ch time tems hereor swiilhbe another is evening. And then it will go onto the City Council from there at public haring. ITEM #8: PUBLIC HEARING: REQUEST FOR A CONDITIONAL 22SE PERMIT FOR USED CAR AND TRUCK SALES BY CENTENNIAL MOTORS KLIN ROAD: Johnson: At this time I will open the public hearing and ask that the applicant or the applicant's representative address the Commission. Sam Fishel, 734 Pennwood Street, Meridian, was sworn by the City Attorney. Johnson: Do you want to tell us briefly what you would like to do there Sam? OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 0 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 ROBERT D. CORRIE Mayor TO: Planning & Zoning Commission, Mayor & Council FROM: Bruce Freckleton, Assistant to City Engineer�� Shari Stiles, P&Z Administrator DATE: August 1, 1997 CO NQII MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH SUBJECT: Conditional Use Permit for a Child Care Center at 2261 E. Katelyn Place by Tyia Lofton Following are comments to be considered during your review of this project: irri ation/drainage ditches crossing the property to be included in this project, 1. Any existing g roved b the shall be tiled per City Ordinance 11-9-605.M. Plans will need to be app Y appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within thin project ri 517Will is may be ve to be removed from their domestic service per City Ordinance Sectio used for non-domestic purposes such as landscape irrigation. 3. Provide copy of daycare license from Idaho Department of Health & Welfare prior to obtaining a Certificate of Occupancy. Operators' licenses shall be available on the premises at all times for inspection. 4. Provide Social Security Numbers of owner, operator and all employees for this facility. 5. Applicant shall provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. 6. Applicant shall provide for a fence of appropriate height/construction, to enclose play areas. 7. This Conditional Use Permit shall be subject to annual review, or more often if conditions warrant, upon notice to the Applicant. g. No signage shall be permitted. 9. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. No unpaved areas are to be used for parking. 10. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height or within an enclosed building or structure. 11. Sanitary sewer and water to this facility would be via existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to beginning operation. The use will be considered a commercial use for billing purposes. 12. The building shall meet all applicable Uniform Fire Code and Uniform Building Code requirements prior to obtaining a Certificate of Occupancy. If the conditional use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection and shall correct any problems prior to operating. Operation of daycare without appropriate approvals will result in revocation of conditional use permit. 13. What are proposed hours of operation? 14. Applicant is to obtain a Certificate of Zoning Compliance and a Certificate of Occupancy prior to operation of the group child care home/preschool. 15. The group child care home/preschool shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 16. Group child care homes are defined as a child care facility which provides care for six to 12 children throughout the day. This includes the provider's own children. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION TYIA LOFTON APPLICATION FOR CONDITIONAL USE PERMIT FOR GROUP CHILD CARE HOME 2261 EAST KATELYN MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled application for a conditional use permit having come on for public hearing on August 12, 1997, at the hour of 7:00 o'clock p.m., the Applicant, Tyia Lofton appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered 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 of Law. FINDINGS OF FACT 1. 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 12, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 12, 1997 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. This property is within the City of Meridian and located at 2261 E. Katelyn, Meridian, Ada County, Idaho. The property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. TYIA LOFTON described in the application which description is incorporated herein. 3. The Applicant and her husband, Michael James Lofton, are the owners of record of the property. 4. Pursuant to the application, the proposed use of the property is a child care/pre-school facility for eight to ten children. The Zoning and Development Ordinance of the City of Meridian defines a Group Child Care Home as "A child care facility which provides care for six (6) to twelve (12) children throughout the day." Pursuant to the Zoning and Development Ordinance, the proposed use of the property is as a Child Care Home. 5. Pursuant to the application, the property is presently used only as a residence. The Applicant proposes to continue the use of the property as a residence and also to use it for a child care business to care for no more than 12 children during a day. Further,. the Applicant agrees to pay additional sewer, water or trash fees or charges associated with the use of the property, whether that be residential, commercial or industrial. 6. The property is currently zoned R-8 Residential. In the ZONING SCHEDULE OF 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, in the R-8 District a conditional use permit for the operation of a Group Child Care Home is required. 7. The R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. TYIA LOFTON (R-8) 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. 8. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 9. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments, which comments are incorporated herein as if set forth in full. Their comments included the following: a. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; C. The Applicant is to provide a copy of a* daycare license from the Idaho Department of Health and Welfare prior to obtaining a Certificate of Occupancy. Operators' licenses shall be available on the premises at all times for inspection; d. The Applicant is to provide Social Security Numbers of owner, operator and all employees for this facility; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. TYIA LOFTON e. The Applicant shall provide for screening of adjacent properties to protect children form adverse impacts and to provide a buffer between properties; f. The Applicant shall provide for a fence of appropriate height/construction, to enclose play areas; g. This Conditional Use Permit shall be subject to annual review, or more often if conditions warrant, upon notice to the Applicant; h. No signage shall be permitted; i. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. No unpaved areas are to be used for parking; j. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (41). in height or within an enclosed building or structure;. k. Sanitary sewer and water to this facility would be via existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to beginning operation. The use will be considered a commercial use for billing purposes; 1. The building shall meet all applicable Uniform Fire Code and Uniform Building Code requirements Prior to obtaining a Certificate of Occupancv. If the conditional use permit is approved, the Applicant is to schedule an appointment with the Meridian Fire Department for inspection and shall correct any problems prior to operating. Operation of a daycare without appropriate approvals will result in revocation of the conditional use permit; M. What are proposed hours of operation?; n. The Applicant is to obtain a Certificate of Zoning Compliance and a Certificate of Occupancy prior to operation of the group child care home/preschool; o. The group child care home/preschool shall not adversely impact surrounding properties due to children's noise, traffic and other activities; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. TYIA LOFTON p. Group child care homes are defined as a child care facility which provides care for six to 12 children throughout the day. This includes the provider's own children. 9. The Applicant testified substantially as follows at the public hearing. She proposes to establish a preschool for a maximum of eight children. One part of her application provides that she desires to have eight to ten children; however, she has two children of her own and she does not want more than eight children in the home. She desires three children on a full time basis and two children on a part time basis. The day care will be a preschool type. She has a large family room which she plans to use. She plans to use only the bottom part of the house; the top part of the house will not be used. Her proposed hours are from 5:30 a.m. to 6:00 p.m., Monday through Friday. 10. In response to questions of Commissioner Borup, the Applicant testified substantially as follows. She intends to have three children on a full time basis and three on a part time basis. She will be the only person working at the day care; there will be no employees. The ages of the children will be from infant to five years. 11. In response to questions from Chairman Johnson, the Applicant testified substantially as follows. She has not read the recommendations of City staff. She does not have the City staff's comments dated August 1, 1997. With regard to item number 13 of City staff's comments, her proposed hours are from 5:30 a.m. to 6:00 P.M. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. TYIA LOFTON 12. In response to further questions of Commissioner Borup, the Applicant testified substantially as follows. She has previously worked at a child care facility in Meridian, Idaho. Her experience has not been that children arrive at 5:30 a.m. ; however, she has a friend and a couple other parents are interested in having such hour available to them. 13. In response to questions of Commissioner MacCoy, the Applicant testified substantially as follows. There does not exist any open water such as swimming pools or ditches on the property. There exists a six feet high fence around the property, which has lockable gates on it. The home is two stories. She intends to place a locked gate at the bottom of the stairway to block and secure the upstairs of the house. The upstairs will not be used for the day care. She does not plan to take care of handicapped children; she probably does not have the training to care for such children. The house has a three car garage with a driveway which provides sufficient area for three cars. She has spoken with most of her neighbors, and those which she has spoken are in favor of her proposal. The neighbors have not raised any problems or objections to her proposal. The subdivision in which the property is located has a homeowners, association. The document which governs the use of the property [the covenants, conditions and restrictions] address a business within a residence; however, she has spoken with the developer who does not believe a problem will exist if no person complains. She has not received a written document from the developer authorizing such proposed use of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. TYIA LOFTON property, but she certainly could obtain such document from the developer. There does not.exist much vehicle traffic in the area in which the property is located. The vehicle traffic is typical for a neighborhood, no major traffic. 14. In response to further questions of Chairman Johnson, the Applicant testified substantially as follows. She has not received a copy of a letter written to the City of Meridian by Mike and Marie Levers. She believes Mike and Marie Levers live down the street from the property. 15. Mike and Maria Levers submitted an undated letter to the Planning and Zoning Commission and City Council of Meridian, which letter is incorporated herein as if set forth in full. This letter provides in part: Please accept this letter as our opposition to a Day Care starting in our neighborhood for the following reasons. 1. Please see attached copy of our covenances (sic) clearly stating no business to be operated in the residences. We like this, as the neighborhood we lived in previously had Day Cares in homes and they negatively effected the residents and the property values, not to mention the quality of life. 2. The Lofton's knew the covenances (sic) in effect when they moved into our neighborhood. They should have looked elsewhere for housing that would accommodate a home business. 3. Eight to ten children causes the potential to add approx. (sic) 20 more trips through our neighborhood than we now experience. (10 to drop off child and 10 to pick up). 4. 5:30 a.m. is too early for this daughter much enlaas traffic and 6:00 p.m. is when myplays outside with many other children. Plus this would bring strangers known only to the Lofton's into our neighborhood. I feel the threat to safety should be considered. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. TYIA LOFTON t is 5. Our street is off the not a (sic) forr (sic) 1 g this added traffic would be very noticeable. We strongly oppose this Business iour restate: neighborhood for the above mentioned reasons 1. We want to protect our property values and quality of life. 2. Added traffic & noise 3. Too early of opperating (sic) hours 4. Strangers in our neighborhood regularly 5. Safety to our children 16. With regard to this letter from Mike and Maria Levers, the Applicant testified substantially as follows. Mike and Maria Levers have not contacted her and she has not contacted them. The developer told her that they had contacted him; however, to her knowledge, they did not express any opposition to him at that time concerning her proposed day care. She believes they live six houses from her on the corner. She knows they are not an immediate neighbor, because she has spoken with all her immediate neighbors. 17. In response to further questions of Commissioner MacCoy, the Applicant testified substantially as follows. When she speaks of immediate neighbors, she means those neighbors who live next to and two houses from her on the same street and four houses adjacent and across the street from the property. With regard to traffic and the speed of automobiles, she has not observed any'speeding through the neighborhood. The speed limit is 20 mile per hour. She believes the parents using the day care would be cautious and careful given they have children. As a parent herself, she is mindful of children when she is driving through neighborhoods. She FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page S. TYIA LOFTON is not aware of a neighborhood watch system for children in her neighborhood. 18. Commissioner Borup commented that the decision of the City of Meridian has no bearing on what is or is not permissible by the covenants, conditions and restrictions of the subdivision or the enforcement of such. In response, the Applicant testified that she was aware that she would have to work through the developer concerning such restrictions of the covenants, conditions and restrictions. 19. In response to a question to clarify the record, the Applicant testified that she intends to have three to six children at the day care in addition to her children. 20. The Meridian City Police Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 21. The Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; as long as all codes are met, it will not have a problem with the proposed day care, and the Applicant will not be able to use the upstairs of the residence for the day care. 22. Central District Health Department submitted comments, which comments are hereby incorporated herein as if set forth in full; it will require plans be submitted for a plan review of a child care center. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. TYIA LOFTON CONCLUSIONS OF LAW 1. 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. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning and Development Ordinance of the City of Meridian. 3. The City of Meridian has the authority to take judicial notice of its own ordinances and proceedings, other governmental statutes and ordinances, and of actual conditions existing within the City and state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the ing the development is maintained duration of development, assur properly, and on-site or off-site facilities, may be attached to the permit; that Section 11-2-418 D authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. TYIA LOFTON 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. The City has judged this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 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. 7. Section 11-2-418 C of the Zoning and Development Ordinance 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. 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 proposed use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The proposed 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 proposed use is to be designed and operated to be harmonious in appearance with the character of the general vicinity. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. TYIA LOFTON d. The proposed use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic may increase, but due to configuration of the driveway and off-street parking it should not be a problem; e. The property has sewer and water service already connected, but the Applicant may have to pay additional fees for the use; f. The proposed use would not create excessive additional requirements at public cost for public facilities and services and the proposed use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the proposed 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. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As 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 to the grant of the conditional use be required, to wit: a. The children, if outside, shall be maintained in a fenced area, as required below; b. There shall be fencing, gates and locks for the outside play area such that 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. TYIA LOFTON • 0 be allowed outside of the fenced area or the home, except for drop-off and pick-up times, and an adult shall be with them at all times if the child or children are waiting to be picked up; C. The Applicant shall meet the state of Idaho requirements for staff to children ratio; d. The Central District Health Department and the state of Idaho Department of Health and Welfare have requirements for day cares and the Applicant shall meet those requirements of the Central District Health Department and the state of Idaho Department of Health and Welfare; e. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another property; f. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, the Meridian Fire Department, Central District Health Department and other governmental agencies submitting comments, which comments specifically include, but are not limited to the following: 1. Any existing irrigation or drainage ditches crossing the property shall be tiled per City Ordinance 11-9-605.M. The Applicant shall submit plans for approval by the appropriate irrigation or drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517; however, wells may be used for non- domestic purposes such as landscape irrigation; 3. The Applicant shall provide to the City of Meridian a copy of a daycare license from the Idaho Department of Health and Welfare prior to obtaining a Certificate of Occupancy; 4. The Applicant shall cause to be available on the premises operators' licenses at all times for inspection; 5. The Applicant shall provide Social Security Numbers for the owner(s), operator(s) and all employees of the day care facility; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. TYIA LOFTON LJ 6. The Applicant shall provide for screening of adjacent properties to protect children form adverse impacts and to provide a buffer between adjacent properties; 7. The Applicant shall provide a fence around the property of appropriate height and construction, as determined by the City of Meridian, to enclose play areas; 8. No signage shall be permitted; 9. The Applicant shall provide off-street parking in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. No unpaved areas shall be used for parking; 10. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (41) in height or within an enclosed building or structure; 11. Assessments for sewer and water service will be reviewed to determine whether additional load justifies an adjustment to the assessment. The Applicant shall enter into an Assessment Agreement with the City of Meridian prior to beginning operation. The use will be considered a commercial use for billing purposes; 12. The building (house) shall meet all applicable Uniform Fire Code and Uniform Building Code requirements prior to issuance of a Certificate of Occupancy. The Applicant shall schedule an appointment with the Meridian Fire Department for inspection and shall comply with all of its requirements and correct any problems prier to operating. Operation of the day care facility without appropriate approvals will result in revocation of the conditional use permit; 13. The Applicant shall obtain a Certificate of Zoning Compliance and a Certificate of Occupancy prior to operation of the day care facility; 14. The child care facility shall not adversely impact surrounding properties due to children's noise, traffic or other activities; 15. The number of children at the day care facility shall include the Applicant's own children; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. TYIA LOFTON 16. The Applicant shall not use the upstairs of the building (house) for the day care facility; and 17. The Applicant shall submit plans to the Central District Health Department for plan review of the child care facility. g. The conditional use should not be restricted to a period of authorization but shall be subject to annual review, or more often if conditions warrant, upon notice to the Applicant, for violation of any conditions imposed herein and in other day care conditional uses and other conditional use applications. 9. The above -conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. 11. Written testimony was received that stated the proposed use would be in violation of the covenants, conditions and restrictions of the subdivision in which the property is located. It is concluded that the City of Meridian is not bound by a subdivision's covenants, conditions and restrictions and does not have to follow them. However, the City of Meridian's action in granting a conditional use permit shall not be inferred to mean that proceedings cannot be instituted by a property owner to enforce the covenants, conditions and restrictions of the subdivision against the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. TYIA LOFTON APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and onclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED VOTED LIZ COMMISSIONER.MACCOY COMMISSIONER SM TH VOTED kPISCI.- CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Planning and Zoning Commission of the City of Meridian hereby recommends to the City Council of the City of Meridian that it 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, more particularly set forth at paragraph 8. of the 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 annual review, or more often if conditions warrant, upon notice to the Applicant by the City. MOTION: DISAPPROVED: APPROVED, L) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. TYIA LOFTON OFFICIALS HUB OF TREASURE VALLEY • 0 COUNCIL MEMBERS WALT W. MORROW, President 4111� W i'IAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA JANICE L. SMITH, City Treasurer City Engineer CITY OF MERIDIAN C GLENN R. BENTLEYROUNTREE HARLES M. GARY D. SMITH, PE., BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt.P MERIDIAN, IDAHO 83642 & Z COMMISSION SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 MALCOLM MACCOY KEITH BORUP W.L. "BILL" GORDON, Police Chief Motor Vehicle/Drivers License (208) 888-4443 RON MANNING WAYNE G. CROOKSTON, JR., Attorney BYRON SMITH ROBERT D. CORRIE Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 5,1997 TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97 REQUEST: Conditional Use Permit for a Child Care/Preschool for 8 to 10 children BY: -Tvia Lofton LOCATION OF PROPERTY OR PROJECT: Lot 15 Block 2 Kearney Place Subdivision JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 RECLAMATI RELIM. & FINAL AT) CITY FILES /A YOUR CONCISE J U L 2 1 1997 CrI Y OF NERMN WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 is 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 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW. President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY 22,Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH 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 5, 1997 TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97 REQUEST: Conditional Use Permit for a Child Care/Preschool for 8 to 10 children BY: Tia Lofton LOCATION OF PROPERTY OR PROJECT: Lot 15 Block 2 Kearney Place Subdivision JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 RLCE:I V ADA PLANNING ASSOCIATIONCENTRAL �� DISTRICT RIDIAN IRRIGAT ON DISTRICT N � � � 2 1 1997 NAMPA M SETTLERS IRRIGATION DISTRICT IN OF MERIp/q IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILESOTHER: YOUR CONCISE REMARKS: 3 LatiG s ALL SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: MCU -24-97 2261 Katelyn REc���ED AUG 0 8 1997 CITY OF MERIDIAN July 22, 1997 The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission review - All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWCStandards abe ACHD Ordinances unless Construction Services procedures and all pp specifically waived in writing by the District. If you have any questions please feel free to call me at 345-7662. Sincerely, :5z-- 1/4 Steve Arnold Senior Development Analyst cc: Project file Chron file ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 CENTRAL C DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # DISTRICT HEALTH DI Environmental Haab Division VIED .I U L 2 4 1997 CITY OF MERIDIAN Preliminary / Final / Short Plat Rate tot ❑ Boise Eagle❑ Garden city Meridian Kuna B-*eo ❑ 10. Street Runoff is not to create a mosquito breeding problem. ❑relative to: ❑ Waste Disposal ❑ Injection Weil rules. I I . Stormwater disposal systems shall be reviewed by ❑ 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: child care center ❑ food establishment ❑ swimming pools or spas ❑ beverage establishment ❑ grocery store 7 Date: I S. Reviewed By: 7 Review eel an is+i 1a. �►. ins .WW �] 1. We have No Objections to this Proposal. 2. We recommend Denial of this Proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 4. We will require more data concerning soil conditions on this Proposal before we can comment. S. 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 0 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 O cpm nLthis er well al for: ❑ central sewage ❑ community sewage system ❑ 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: g system community water ❑ central sewage ❑ communitysewage s tem ❑ ❑ sewage dry lines ❑ central water ❑ 10. Street Runoff is not to create a mosquito breeding problem. ❑relative to: ❑ Waste Disposal ❑ Injection Weil rules. I I . Stormwater disposal systems shall be reviewed by ❑ 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: child care center ❑ food establishment ❑ swimming pools or spas ❑ beverage establishment ❑ grocery store 7 Date: I S. Reviewed By: 7 Review eel an is+i 1a. �►. ins 23 July 1�97 City of Meridian 33 East Idaho Meridian, ID 83642 .1111 2 4 1447 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE. Cc�ndit�ional Use Permit fa Child CarPJPrar-hcr�l - 7 L ofan Lat IS, Block 2 KawneyPhce Subdivison Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Dear COmmLSS7onerS" The Nampa &Meridian Irrigation Districthasno comm eat on the above referenced application. Sincerely, Bill Henson, Asst Water Supenntendent NAMPA & MERIDIAN IRRIGATION DISTRICT CC" File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 0.✓\ Y 1 o.._,r�y�—� • • ,a o -F a4A, OA- ,�cC—aW acl O k e- 3- S Ono `.. kAd &J no Q� o. CA. �CIIIL +� o w n 1 G � T-� r t.S c3a �E Ck ' 10B VO4L-Laiwa CA - t 1' •'C �( NDiSE r_ I, d Mil a fi 9L Meridian Planning & Zoeb Commission September 9, 1997 Page 3 property will be constructed covering both the ATM and the vehicle and the customer using the ATM. I think similar in architectural design is a subjective call and that we should require that the applicant indicate not only the building materials but also the height of that canopy. Borup: I agree that is all the more reason because I don't think the plans really indicate that very well at all. ROLL CALL VOTE: Borup — Yea, MacCoy — Yea, Smith — Yea, Nelson — Yea MOTION CARRIED: All Yea Johnson: Do we have a recommendation to the City Council, would someone like to make that motion? Smith: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it 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 as amended or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements, specifically including the restriping of the parking area and location of the handicapped parking spaces next to the existing bank building and the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Johnson: All those in favor of the recommendation to the City Council as stated? Opposed? MOTION CARRIED: All Yea Johnson: It looks like we have an overflow crowd tonight if most of you are here for item 15 it will be some time because we have a lot of items on the agenda. If you are here for other items fine. You have a copy of the agenda you know where that is going to kick in. But we are probably looking at around 10:00. It just depends on the testimony which is hard to judge at this point because we have several public hearings. ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE/PRESCHOOL FOR 8 TO 10 CHILDREN BY TYIA LOFTON — 2261 E. KATELYN: ` Meridian Planning & Zdg Commission 0 September 9, 1997 Page 4 Johnson: Any comments regarding these findings of fact and conclusions of law? Entertain a motion for approval if that is your pleasure. Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Johnson: Moved and seconded we approve the findings of fact and conclusions of law as presented by our City Attorney, roll call vote. ROLL CALL VOTE: Nelson — Yea, Smith — Yea, MacCoy — Yea, Borup — Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby recommends to the City Council of the City of Meridian that it 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. More particularly set forth in paragraph 8 of the conclusions of law or similar conditions as found justified and appropriate by the City Council that the property be required to meet the water and sewer requirements, the fire and life safety code, uniform fire code and other ordinances of the City of Meridian. The conditional use should be subject to annual review or more often if the conditions warrant upon notice to the applicant by the City. Smith: Second Johnson: Motion and a second to forward that decision to the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR USED CAR AND TRUCK SALES BY CENTENNIAL MOTORS — 225 W. FRANKLIN ROAD: Johnson: Any comments regarding these findings of fact and conclusions of law? Looking for a motion to approve. MacCoy: Mr. Chairman, I request that the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. 0 0 MERIDIAN PLANNING & ZONING COMMISSION MEETING: September 9 1997 APPLICANT: TYIA LOFTON AGENDA ITEM NUMBER: 3 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CHILD CARE/PRESCHOOL 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 All Materials presented at public meetings shall become property of the City of Meridian. 0 0 MERIDIAN PLANNING & ZONING COMMISSION MEETING: August 12 1997 APPLICANT: TYIA LOFTON AGENDA ITEM NUMBER: 7 REQUEST: PUBLIC HEARING REQUEST FOR A CUP FOR A CHILD CAREIPRESCHOOL FOR 8 TO 10 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 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS A`l \M V SEE ATTACHED COMMENTS NO COMMENT All Materials presented at public meetings shall become property of the City of Meridian.