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Home My WebLink AboutGillum, Amy AUP • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) sa4-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO ~ BUILDING DEPARTMENT (2os> ss~-22 i I GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT: PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments- and recommendations wiU.be considered by,the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 2, 1998 .TRANSMITTAL DATE: MAY 18, 1998 HEARING DATE: JUNE 9. 1998 REQUEST: ACCESSORY USE PERMIT FOR HOME CHILD" CARE. _ _ BY: AMY GILLUM _ LOCATION OF PROPERTY OR PROJECT: 2347 E. APRICOT DRIVE JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR. RON ANDERSON, C/C CHARLIE~ROUNTREE;'C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT _^FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES 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) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: M ~, ~F~ ~... <, NOTICE OF HEARING ~. >, a-~ ~. Y~ 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 June 9, 1998, for the purpose of reviewing and considering the application of Amy Gillum, for an Accessory Use permit for land located in Lot 15, Block 4 of Dove Meadows. Subdivision, Boise Meridian, Ada County, Idaho, and which property is generally located` at 2347 E. Apricot Drive. The Application requests an Accessory Use Permit for the operation of a Family Home Day Care for-five or fewer children out of her home. 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 aH interested persons shall' be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 18t'' day of May, 1998. WILLIAM G. BERG, JR., I CLERK ~~ ~,, a a~saa;, =~r, ~ ~. ~ r PUBLISH May 22 and June 5, 1998. ~hA ~~ ~_~.~ ~• ~ ~. r` ~ r ~~.~.~ .~ ~ ~. ,~a ~'~' ~ ~' .,g °~ w y I ``o'~~~jjtt d 111 ~~~`*~; ',~ p ~ ~~ CITY OF MERIDIAN ~;°p -: ~ ~~~ CERTIFICATE- OF OCCUPANCY }~.,ad* BUILDING RERMIT Issued: 10/11/94 Permit No: 11999 OWNER/APPLICANT-------=--- Att Notes: ---------=---PROPERTY LOCATION------------ NCO INC i 234? APRICOT DR E 415 TERRI MERIDIAN ID 83642 I Lot: 15 Block: 4 Long Legal.e 208/,62-3473 1 Sub: DOVE MEADOWS T~ S: I Parc No: CONTRACTOR----------------------------~DESIGNER--------------------------------- BENCO INC. 3415 ~'ERRI DR. j MERIDIAN ID 8364 1 208/362-3473 1~ ~0~/000-0000 1 PROJECT INFO-------------------------------------------------------------------- Prj Value: 587,.870.00 f' SFD UNITS: i MFD UNITS: 0 Prj Type: NEW I SFD SQ FT: 1,405 MFD SQ FT: 0 Occ Type: RESIDENTIAL 1 Occ Grp: R3 Occ Load: 4 I COMMERCiAL: 0 GARAGE: 40@ Cnstr Type: TYPE VN I INDUSTRIAL: 0 Land Use: I PROJECT NOTES---------------,-----------------------------=----_____------------- OCCUPANCY CONDITIONS/COMMENTS----------------------------------- ~t~ OCCUPANCY REQUIREMENTS Certificates of occupancy must be posted in a conspicuous place when the occupancy of the structure is other than residential. Deviation from the approved occupancy for which this certificate has been issued is unlawful. The, issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of the Meridian City Building and Fire Codes or of other ordinances of this jurisdiction. APPROVALS 1 Building .Department Planning and Zoning Engineering Department Fire Department T .- f < 5 CT 9I 5I ~T £I Zi ii Oi F R 7.lJa AIIJ LI,l7 .l L(7 nl C.I.I P. fl f>! ,~ f q C b ~ 7 T I i t ~' a. l-t ~~ r -,-- ~~ I~ ~ '~~ I ~-~ - ~ _ f t- ~{-r-- _ - ~- - ~( -I -I~ --~ I~ _I I r ~I ~ I -I_ ~-~ _ ~~~j ~ J ~t{~~il~~ } .- ~ i l{ I I ~ 11 I ~_ I I I j l ~ ~ `~~~ I ~~ If~~~l ~ .~ ~~ ~ i j l I I I t - i I f 1 ~ r I~ ~ ;-r a- I r I I ~ ~ I~ -+ (I t I I I I I I I ; ~-. i I I ~ '-V f I rill , I ` -! 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Cj .~ F, '; I `'- V ~~ vi ~I aT Ii >I iI ~; .~ :Z. ,~ ~. 4 O^ F~1 e ~m~ _ ~ ~ ~.w.,sooN s a S ~q~ ~a'I~ W 1..:C.:.:.Ou ~ Ol '~ Ro .;~<<~o s~ 2 ~y' e oc: `i;~ ~'~ ~ ~' .36'9 ,: oo.~ ; s. .t oo + I ~ S . . , . ~ AYY AHOAOIN 'N'~7/9 I '. I : I m I I ~ , I I I u r. Y CJ ml I I €8 ... ~ ~ ` I I ` m I I Vg Z I n$ ~ ~ ~a ~ I / / I - I I 00'fff 3 vc $ ~n m . ,9C1Z.00 N I I I i I I I W z ~' I I I 1 R a7 5 Z I m //n I I I ~ ~ I .a ~ ti ~ I z I I ~ I u I I U _ I I I -T I I i !~ `~ I. n I n 33 0~ I 4 ~ V I ~(n ~~~~ I I ~ m r ~F Z a' U I I '~ h V a ~ ~ u`'~~ I ~ $ ~• n°W~ I ~ ~ ~~ $ f ,~ ,, '• ~ C 0 ~ q~ O~ f \ Y N y~ _. V~y M 2' v I .V~. ~ ~ I W mod./ ~ I W ~n F _ I ~~ (r/a .oz)~t ~aa etxox z/o ~ I ~ .9r.~ I .of ~w~~ 3 101L00 N - ~ p ..~ Y fl ., B N 8 ~ ~ }3~ AVD~gyA ~,~ ~ O • -`~-~~ ~ ~ < ~ 3d/d ii ]Y'! 9l+'G .W dY~%Y117Y l3S `I~ ~~M1~ „~ 7 " ~ ~ 1N,t?d 7YlL/N/. ^ Is_Nr"'i~ .-.: U U ~Ct7 ~ .~ F-i ~ R d S 3 f- O ~ t~~~e ~~ ml O W a po / Q Qmo 8 z~'~~~mx x=~ ~,~ ~ ~ i°Rj~s~ ~ /{/ W ~ rZ~ U V3 \c p 4 8 0] W U J W ~ W 1~ N N <1~A V> ~~/~; y 1` _ F. ^~ Q~ N~ Q~ ` O 2 q C.5 I I / y~~ I = I i~~( I ~ ~ I J/ U {~ I O "-~ ~. ~ O I < ~f ^ ~/ e6 I ~ O ~~ I I o / I $' ~I ~ I ' / / ~ ~ / ~i. / ~ ~ ~ ~ cn ~ 8 oo.: ~~ I ^~9- ~ Y' ~ l f, i o~ 5 CITY (JF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 ~' ACCESSORY TSE AP`I' .TCATION f APPLICANT: Phone: f - ~~~ ` ,, (Owner holder of valid option) ADDRESS: ~ ~ ~ I GENERAL LOCATION LEGAL DESCRIPTION OF PROPERTY Attach descri tion if len :, °° PROOF OF OWNERSHIP: Copy. of property deed mast be attached, with option agreement and notarized consent of owner if applicant is not legal opener. SIZE OF PARCEL OR LOT:~~~~ ~~~' ~ ZONING CLASSIFICATION:~^~ J VICINTI'Y SKETCH: A vicinity map at a scale approved by the City showing property lines, adjacent uses, streets existing and such other items as the City may require. Also include a ite plan showin~~boundaries'of property, floor elan of horse, area intended for accesso = u e, and parking and yard areas a~ SURROUNDING PROPERTY.-, OWNERS: Provide a Iist of names and addresses of all abutting property"owner,. Abutting land includes parcels across the street on alleys and kitty corner from property, includingwhere a street or alley is between yon- property and the other property. (This information is available from the Ada County Assessor.) _ 9~-' DESCRIPTION OF REQUESTED ACCESSORY USE: ~ `-"C - v ~ , , j .~ U _~ __ . .. ~ ,. ~ ~~ FEiE: $80.00 i~ ~ F 1. Use made of all abutting lots or parcels ~(> .~: l ~' ~~ C El „r"E ~~, ~' 2. 4 Are there other accessory uses of a imilar `nature in the area? If so, state the location and ' the accessory user-~Ilrl --~ l ~D ~~~ j 41 ~-~ 3. Possible adverse imp cts on adjacent.property such as noise traffic, excess light; odor, ,etc.' ,_ 4. Do you agree to pay_ increased sewer, water or trash fees if such are .required due to increased use? 5. If the accessory use includes construction of a building on the lot or parcel, complete the f lowing:. a. ill all parts of the accessory building be located within the lot or parcel?. r , b. Is -the -prim' wilding already constructed c. Is the accessory bu g to be attached to the primary building? d: ` Will the accessory building, constructed in the rear yard of the primary building? e. wu1 the accessory buuchng occupy less n 40% of the required rear yard for the .primary structure? f. If the answer to the above is .:no, will the accesso cture be connected to the primary structure and will both the primary and accessory cture then meet all yard and court requirements? g. Does the height of the accessory building exceed 15-feet? ~~_ h. If the lot or parcel is zoned commercial, is any abutting property zoned resi2lgn~al - Y and, if so, will the accessory use~occupy any of the front yard? f 6 If the accessory use is for aFamily -Child Care Home, complete the. following: a a. Is a State of Idaho basic day care license required for this type of facility?~ If so, attach a copy of your license. b. Have you applied for or received an occupancy permit? ~ ` ~ - r „ pIf so, attach a copy of your application or permit. c. Is one-off-street parking space per employee provided? t~ C`) ~!"Y1.~1 ~ ~1P0/~ d. If the home is located on an arterial or c hector, is anoff-street child pick-up area' '~ provided? ~. ,~, ~ _ ~ IlS~~I e. Is screening of adjacent properties provided?1,/.x/1 y f. ,. Is the play -area .for the children fenced from str is and neighbors? If, so, what is'the fence height and type of construction? ~ %' ~~ 2 . _ ~- .. '~ ,. 7. If •the accessory use is for a home occupation, complete the following: ` a. Are only family. members residing in the principal residence? b. Is the use of the residence as a home occupation incidental and;subordinate to its use as a residence? --y~~.(~~s._~t~; ~,U~~ Q . ~-c~--Q~-~~Q,V1-~ ~c. Will the home occupa on use more than 25% of e floor area of the dwelling?~;~,e d. Will any item be offered for sale that is not produced by the dwelling,occupants of the premises? ~ r e. Will mechanical or electrical equipment be installed or maintained other than such "as is customarily incidental to domestic use?_., _ ~"-~; f. How much traffic will be generated by the oecup ti n?_ ~ ~C<A, g. Will off~stree't parking requirements be met? .- -~ h. Will off-street parking requirements he located in a required frdn yards ~~~' i. Will equipment or processing. create noise, vibrations, glare, fumes, odor, or electrical interference detectable to the normal senses- off the lot? j . Will the appearance of the residence be altered or the occupation be conducted in a manner wliich would cause the premises to. °differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference2~T/~i ~, . I hereby certify that the information contained herein is true and correct: ~. SIGNAT - ` SOCIAL ECURITY / ~ 3- ., DATE: ~`~~ STATE OF IDAHO ) ss. „ County of Ada ) } ~ I~i~~ On this _ ~ day of , .1A9~; before me, the undersigned, a Notary Public in and for said State, personally appeared ~ ,known, or proved to me, to be the person(s) whose name(s) is (are su scribed to .the within instrument; and acknowledged to me that he/she/they executed the°same. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the ~` day and ,year in this certificate first above written. ~~ ~, .:Fri _,- . ~ P' m. i` ~ yY *, ~~ ~ ° ~ ^ ~ = Notary bli for Idaho . s ~" °=, "~,~_ ~ px_~ ' : ~, Residing at: "~~`; ~ ~(S~cFAL) '~i,`` My Commission Expues: \ ~~.r.y3~®CO ~ c '~f-A'~:1''is 3 ~. y. _ ., f. Y • r~yVtte'?,Recorded, Mail To: ,~ "~, FIRST CHOICE-MORTGAGE ~ ti 1471 SHORELINE DRIVE, SUITE 117 BOISE, IDAHO 83702 ~ k ~Attrt.: Shipping Dept /Document Contr" . Loan No.: 633-84190=12 ~ ~ ~ ` Order No.: T-98-49977 ~ ~- LH: 11548(1 .. , 9 [Space Above This Line For Recording Data] DEED Or TRUST NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE ,DEP-ARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS DEED OF TRUST ("Security Instnrment") is made on March 26, 1998. The gr~mtor is DERICK R GILLUM and AMY M. GILLUM husband and wife k. - ("Borrower"). The trustee is TRANSNATION TITLE COMPANY ~ ("Trustee"). The beneficiary is FIRST CHOICE MORTGAGE, which is organized and existing under•Ore laws ofthe State of IDAHO, and,whose address is 1471 SHORELINE DRIVE, SUITE l l7, BOISE, IDAHO 837112 ~ ("Lender"). Borrower owes Lender the principal sum of • One Hundred Five:Thousand One Hundred Ten And 011/100 ....:.............:............ Dollars (U.S. $ 1115,1111.1111). This debt is .evidenced by Borrower's note dated the same date as this Security Instnunent ("Note"), which provides for monOrly payments, with tlrc full debt, if not paid earlier, due surd payable on April 1, 2028. Tl-is Security Instrument secures to Lender. (a) Oie repayment of the debt evidenced by the Note, with interest, surd all renewals, exlensio-is and modifications of the Note; (b}the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Inslnunent; and (c) Oie performance of Borrower's coven~uits and agreements under this Security Instnrment and the Note. For this purpose, Borrower irrevocably grants and conveys to Tnrstee, in tnist, with -power of-sale, Ore following described property located in ADA County, IDAHO:- ' LOT 15 IN BLOCK 4 OF DOVE MEADOWS SUBDIVISION NO. I, ACCORDING- TO TIIE OFFICIAL PLAT THEREOF, FILED IN BOOK (5 OF PLATS AT PAGES G6C-2 'CHRU (GG-4, RECORDS UF'ADA COUNTY, IDAHO. ., )-~ Property Tax ID Number: R-1914250450 which has the address of 2347 EAST APRICOT DRIVE, MERIDIAN [Street] [City] IDAHO 83612 ("Property Address"); [State] [Zip Code] IDAHO --Single Family -- F1VIVIA/FHLMC Uniform Instnrment, Form 3013 9/9(1 Amend /91 .,Page 1 of G ~ tnn~~' idva<lmtd . ~ ' ~~ '~ ! ~ ~`V i 5 LIST OF PROPERTY OWNERS EDWARD I? FINGER III FRANK R SWIGER KAY BERYL LUCILLE M SWIGER. 2321 E APRICOT DR 2318 E GRAPEWOOD DR MERIDIAN ID 83642 MERIDIAN ID~,83642 - MARVIN S SIMS JR RAYMOND BOBKO (FOR THE PROERTY .SARAH M SIMS '~ 5254 RHONDA DR 1836 GINKGO 2363 E APRTCOT DR SAN -JOSE CA 95129 MERIn1 aN ro 83642> MERIDIAN ID 83642 RANDALL IVI PIl'AL '' JULIE A PIPAL . , 2350-E APRICOT DR 'MERIDIAN ID 83642 a BLACKSTEAD INVESTMENTS INC (FOR 2332 E APRICOT DR) 1 ]760'W EXECUTIVE DR STE 120 MERIDIAN ID 83642) BOISE ID 83713 TOM W MERTINS JR } 2336 E GRAPEWOOD DR MERIDIAN ID 83642 4 • S ** TX CONFIRMATION REPORT ** AS OF +MRY 18 '9~0~18 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 01 05/18 10 17 208 888 1097 MODE MIN/SEC PGS CMD# STATUS EC--S 00'32" 001 192 OK 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 June 9, 1998, for the purpose of reviewing and considering the application of Amy Gillum, for an Accessory Use permit for land located in Lot 15, Block 4 of Dove Meadows Subdivision, Boise Meridian, Ada County, Idaho, and which property is generally located at 2347 E. Apricot Drive. The Application requests an Accessory Use Permit for the operation of a Family Home Day Care for five or fewer children out of her home. 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 18~' day of May, 1998. ,~;~( ._, WILLIAM G. BERG, JR., t CLERK ``.`~,~lli!`i Pfl,, ~ IV /~ /~' t ~~~ ~ i ~~~ ~~: tTP r f~rli I~UBLISH May 22 and June 5, 1998. '~~ ~~'RY. ,~='~~ ~ ~ ~"' .: ~" ~ ~:~~~~]L r ~ :~' %`~ floodrn ,for wh-eh Lender,~re u-res - rance.~ Th-s insurance shall be mamta-ned dl~R-e amounts and for the enods chosen b `,Borrowers ject Ito Lerder's;a ~~ r'oval which`s at Lender _~... g,.a - q he insurance shall;be ,. y, ; ~ , }~~ , ~ ,, '¢ ~° PP ., ;.; , . ,~halhnot,be iequ-res:~-The'-nsurance carrier prov-dmg t :R ll, ,,; un'r`easonably withheld.-Rlf Borrower fails to maintartl coverage,described ~itiove, Lender may, at Lenders option, obtain coverage`to protect I;eiider's rights in the Properly`-n accordance w-tli paragraph 7..~ ,~;. ~, ~. ; , . ,~., t,,, ... ,, rAAll insurance policies and renewals sl!all be acceptable.to Lender and shall include a°standardmo-gage caause§° Lender`shall g enderirequ-res,, Bon'ower`shall~pr'o~-nptly gyve to'Lender °all~ receipts` of paid ..~ .:~. P '~ _ _ ° hr t uum and renlew ;not-cestcln;the event ofloss,f orrower shall -ve romp notice to'tl-epmsurance carrier and Lender Lender ... - ~~°: B r g P PE+ r t:>~ .. ~ i€t :a:., r~~~ P may make proof of loss•if not made promptly-by, Borrower t~ ~ + ; _. , <. Unless=Lender°andkBorrower otherwise ~)gree ui, writing, insurance, proceeds shall be applied to restoration or repair of the P damn ed ifahe restoration.or repair; is economically, feasible, and Lenders securityFis not lessened. If the restoration or re air Property g ., . , , <. , , t'is not economically-feasible or Lender's.security vvould,be 1`essened,`the insurance roceeds shall be ap lied`to ~tlie-sum's secured',by~this + urit -Instr`ument,.whether~~or not•then due,-with ~u-y excess pa-d to Borrow'er~+ [f Borrower abandons the Property, or does not Sec y =answer,widiin'30 days a not>ce front-Lendergtliat ,11-e ,m~ o~ restore tl-e'Pr pertyc o~to~pay tsurns secured by thisnSecurity4Ii sltnrmerit, insurance proceeds. Lender may; use the proceeds to reps ~ ,_. +, , ,~., ~-:;v t~ #_ gas, rr t~ r l~a~~ ,., wheU-er or riot then due. The,3O-day°period will begin.ivhen U-e notice -s green. ' . ; „ Unless sender and Borrower:othenvise agree -n writing arty applrcation of proceeds to princ-pal shall not extend'or postpone - • the due'd~ite of~the monthly paymcnts,referrec! to u- paragraphs' 1, iu-d~24 or cfiangc the amount of Uie payments ~~If'under -aragraph. 21 •Lendcr Borrower's r-ght to any -nsurance policies Arid proceeds' res-illing~froni darnage4to tlie` Property ., .. ..~ . -flit Property is'acq-iircd.by, . , .. ,k~ , , ° ''prior'to `the acquisition° shall pass,to,`Lender, to the extent of,,the suis secured by Qus S ~cunty Instrument ~-nuned~a~~ ly prio ~to'~-e t "~ y. {.j ~, r ,. t ~ .- ,+- 6,- ,+. ~. a dr<e. t.. } ern. :y ' ,:, , ;t acquisition. .or, .~a6:°:.~° Occupancy, Preservation, Maintuiance ai~d,Prc-tection.ot*Pro icrt` "Borro~~er s I oan Application; Leasehol s. ' wer.shall occupy, establish,,and use-the Property as Borrower's pr-nci}%al residence'wtlun'si~ty days after the°execution~of this . , ~~'' Security`Instnurient and°shall conUnue,to occupy the,Property as Borrower s pr-ncipal res-dence~fo'r at least one year after the date o ; A ... ,.. . 1 oceupancy; ,unless Lendcr otherwise agrees,in writing, ~vvhich ~ consent'shall not be unreasonably "wittilield; or'unless '.extenuating "- :t `eircumst.u~ces existwhiclrare~beyond Borrower's;control',gBo-~rower~sh~ill iiot"'destroy, d<image~o`r`impa-r the Property allow the -, ,.. ~°. i ..i ° F #~'Properiy to'deteiiorite, or conunit waste on the Property. Borrower shall be,ui~~default ~f arty forfeiture action or proceedin , w tet ter - ~ ~ "in Lender's good faith judgment could result iu forfeiture of the Properiyror otherwise miten<~ly impair +''civ-I or'crii-iinal is begun that b ,, ; ° ,,. ; ''`the lien created by`this'Secutity,histnuuent or Lender's security n-terest. Bn-lui~ tliat,lin L`eii'der's g od faitlde[ennmation'Spreclud s . din paragraph I8,,liy causing the action or proceeding to,be dismissed with a~ b . ,. , , + "' forfeiture'of the'Borrower's°mterest in d-e Property;or,othcr,matcnal i-upairn-enl°`of the~licn created'by th-s°Security Instnimeiit+'or .~ a... Lender's security.i-iteresL~.Borrower shall also be ui default if~Borrower, dunng.'tlie to ul application`proccss~'bave niiiterially false or . _ ~. ~- in"accurate information orst~itements to Lender (or tailed ~° Pi° ~~~o -s croncerninb~,Borro~~crr'sloccupinic-yrofrtlre Property as-alpnnc Nat , _„ cvidcn`ced by 1hc~Notc; uicluding, but not linutcd,to; rc . - ~,,, - ,- ,: resrdence. -' lf. this. Security histnrment is on.a leasehold Borrower sh ill comply ~~ ithi all # Ire prov *sions of ~ tl-e lease " If•Borrotver €,. - • ;, ; -~~'acquires fee title to the Property, the~leasehold and fee true shall not merge unless Lender agrees to the merger m ~"vntmg: ~ "-t ' ' ~r~ l ~:.4a 7.~ -;Protection of,Lcndcr's Rikhts m the Property. uhf iio'-YO~ilicailvo,-Ilcct `Lcodc-co rightst iii•tlic'Pr`opc`rtys(s°iclii-sca j - '',;in.this Security Instnnncnt;zor,there is a Icgal pi'occcding that urry s~gi - „ , ' robatc, for c,ondcnu-atio^ or to+fciturc o+ to cnfor`cc I,i~-s or rcgulalyions), Ihcn Lendcr mat' do and pay for procc.c.dinb u- bankiaiplcy, p ,;;.. } , k :. .._ • ever is necessary, to prgtecl tl-c value of the Propc,ity ~4+d ~°11d°r~5 !~+glrts u- ll¢-c P ioj~crt} : L°+-<d ~~~ F rc sonable 'anon eys'~fees.and .s~ 'what ~ ~~sunissecured.by;a lien which lias;priority.over.this Sec~r-ty,lnstrnmcut, `appc~-r++-b n-`Rcourt, p y g t°^*entering on the Property to rn~ilce repairs. Although Lendcr may take action under"th+s paragraph'7, Lender-does not-have to'do'so`.'~' ~ ~. Artyraiiiountsdisbursed,by.Lerider under tl-is paragraph 7~ slfal ~b - ioni° jdder a no unbt sl all bear interest f of ~iesdate of I~atInstnment r "Unless. Borrower`and~ Lendcr,=agree to otliec terns o p } , `<='disliursenientlattl-e Note rate-and shall be payable; with interest, upon notice from Lendcr,to'Sorrov'ver requestuig payneiit ' ,,{ "'~'? ,l. 8. 'Mortgage Insurance. If Lenderxequired nortgage,insurance as a cond-tron'of making the loan secured by tlus Security '`'7~Irislrument,''Borrower shall payaie premiums required*to, mamtam,the mortgage insur"'trice in effect' If,'for any reason, the-;mortgage <., ~'' ~ insurance coverage required by, Lender lapses or ceiises to be in -effect, Borrower shall p+av, the premiums requ-red'to obtain covera e <..,.<. -k r a , ~~ ~d a;°rk substantiall equivalent to the mortgage msurance,previously yn effect, at`a cost`sub"stantially eq'i-ivalet to the cost to Borrower of the Y " 'mortgage insurance'previously in effect, from an alternate mortgage insurer appr`oyed <by~Lender. '~If substantially equrvalenb mortgage ~,... . , ._ , ~ t .. insurance~coverage~is not available,~Borrower shall pay .to Lender each month a sumyequal~to one-twelfth of the yearly mortgage +~ insurance premiumlieing paid by Borrower when the insurance coverage lapsed or ceased to' be'in'effect ~L~`enderwill'accept, use and 'i = r"efain'tlese payments as a loss reserve in,lieu of: mortgage insurance. Loss 'reserve payments mavs'n o`°a a byes ~risurer apps `vedlby ~ f .._. • .~ g ~ .~,~ t Hof Lender; if mortgage insurance'covera a (in the amount;and for,die period that Le--der requ-res) p t "-~''Lender: again becomes; available and rs obtained., Borrower shall pay the'prenuums required to,mamtam mortgage insurance' in of ect, t ~~ ' N ' `~'° `` 'written~a` reement between x t`. onto'provide a'loss reserve;yuntilathe requirement., for mortgage insurance ends ~n accordanee`w-th~anY ~ }~ ~ , gv,, Y~ r } F r ~~ '<"~' Borrowei•,.aad Lender or applicable law. ~. 9:, - Inspection. eLender orz its agent,may_-nake~reasonable_entnes~upon ar>~d inspections of the Pr~operiy f Letnder~shall give '-~-~ `:Borrower. notice at the time of,or prior to an inspection specifying reasonable cause for,ttl-e inspect-on' ` r f ~' , l ~` F `rm 3013`9/90 r' „ r ° . ` ~ ~ Page 3 of 6 ~• ~~c IniUals`~~ e . > x ~ -~~` °.`~G ~. ,- r~ l ' .TOGETHER WITH all tlte;i~ovements now or hereafter erected on We'~rty7 and all easements, appurtenances, and t ixlu"~~es now or here<fter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All `' "of the foregoing is referred to in this Security Instalment as the "Properly." BORROWER COVENANTS that Borrower is lawfully seised, of tine estate hereby conveyed and has the right to granLand convey the Property and 1}nat dne Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend ` `generally the title to dne Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use arld non-unifornn covenants with linuted variations by jurisdiction to constitute a uniforn security instnnmen[ covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal-and interest; Prepayment and Latc Charges. Borrower shall promptly pay when due dne principal of and interest on the debt evidenced by the Note Fund jury prepayment and late charges due under the Note. 2. Funds for Taxes .and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day mondnly payments are due under t}ne Note, until the Note is paid in full, a sure ("Funds"} for: (a) yearly. taxes and assessments which may attain priority over this Security Instrument as a lien on the Propert} ; (b) yearly leasehold payments or ground rents on the Property, .if'<ury; (c) ye~>rly hac~Ird or property insurmce premiums, (d) yearly hood insurance premiums,. if any; (e) ye~Irly mortg~Ige insurance prcrniums,-if any; vrd (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph K, in Nett of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in anamount not to exceed tlae uaaxiuurna an-ount a !coder for a federally related mortgage tom may require for Boirower's escrow account under the'federal Rei11 Estate Settlement Procedures Ac! of 197~t as amended from time to time, 12 U.S.C. Section 2601 el seq. ("RESPA"), unless another law ilnat applies to the Funds sets a lesser amount. If so, Lender nnay, at any time, collect and 1-old Funds in an amount not to exceed the lesser amount. Lender may estimate t]-c amount of Fluids due on Uae basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in ~m institution whose deposits .ue~insurcd by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the'Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable laiv permits Lender to make such a charge. However, Lender may require Borrower to pay aone-time ch~>rge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides othcnvise: Unless an agreement is'rnade or applicable law requires interest !o be paid, Lender shall not be required to pay Borrower Duly interest or earnings on the Funds. Borrower and Lender may agree ua writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of tlae Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. TIIC Funds are pledged as additional security for all sums secured by this Security Instnunent. `` [f tine Funds held by Lender exceed the amounts pernnitted to be held b_y applicable law, Lender shall account to°Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at ally trine as not sufficient. to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to .Lender-the amount necessary to make up the delicicney. E3o1-rower shah make,lip the delicicncy in no more than Rvelve monthly payments, at Lender's sole discretion. Upon paynncul in°full of all sunns secured by this Security Inslnnncnt. L.cndcr shall pronptly refund to 8orrowcr any Funds held by L;endcr. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisitio^ or sale°of ti-c Property, shall apply zany Funds held by Lender at tlae time of acquisition or sale as a credit agauas[ the sums secured by this Security Instrument. 3. Application of Payments. Ur-less applicable law provides ,othcnvise, all payments received by Lender under paragraphs `1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; Fund last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, ch<rrges, lines. and impositions attributable to the Property which may attain priority over this Security Instalment, and leasehold payments or ground rents, if ~u1y. Borrower shall pay these obligations in the malaner provided in paragraph 2, or if not paid in that mruuaer, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall prompt!} disch~>rge any lien which has priority over this. Security Instnunent unless Borrower: (a) agrees in writing to the payment of Qne obligation-secured by the lien in a m~uuaer acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of tlae lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of tine -lien; or (c) secures from tine holder of tine lien an agreement satisfactory to Lender subordinating tlae lien to this Security Instnrrnent. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may :give Borrowers notice identifying the lien. Borrower shalt satisfy the lien or take one or more of the actions set forth above within It) days of the giving of notice. ,~ z 5. Hazard or Property Insurance. Borrower shall. keep the improvements now existing or here<fter erected on Ilse Property insured against loss by fire, hazards included within the teen "extended coverage" and any other hazards, including floods or Page 2 of C>> Form 3013~9/9b ]nilials ~~ ~ ' 10. Condemnation: The~ceeds of any award or claim for dalnages,a~ct or consequential, in connection with any eorid"emnation or other taking of atty part of the Property, or for conveyance in lieu of condemnation; are hereby assigned and shall be paid to Lender. K . In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instn-ment, whether or not Dien due, with any excess paid to Borrower. hi the-event of a partial taking of the Property in_which the fair market value of the Property immediately before the taking is equal to or, greeter than d-e amount of the sums secured by this Security Instrument immediately before the taking; unless Borrower and Lender otherwise agree ii writing, the sums secured by this Security Instrument shall be reduced by the amount of dte proceeds ,multiplied by the following fraction: (a) d-e total amount of the sums secured immediately before die taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. _ln fl-e event of a partial taking of the Property.in which the fair market value of the Property immediately before d-e taking is less than the amount of the sums'secured immediately before the taking, unless Borrower and Lender otherwise agree£ in writing or unless applicable law oherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned"by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award-or settle a claim for damages, Borrower fails to respond to Lender wiUrin 30 days after U-e date the notice is given, Lender is audiorized to collect and apply the proceeds, at its"option, either_to restoration or repair of the Property or to the sums secured by this Security Instn-ment, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any~application of proceeds to principal shall not extend or postpone d-e due date of the montlily payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not:Released; Forbearance By Lender Not a Waiver. Extension of die time for payment or modification of amortization of die sums secured by dris Security Instnunent granted 6y Lender to any successor in interest of Borrower shall not operate to rele~ise tl-e liability of the original Borrower or Borrower's successors'in interest. Lender shall not be required to commence proceedings -against any successor in interest or refuse to extend time for payment or otherwise nodify amortization of the -scans secured by this Security Instrument by reason of any demand made by We original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any rightor remedy shall not be a waiver ofFor preclude the exercise of any,right or remedy. 12. Successors and Assigns Bound; Joint ,and Several Liability; Co-signers. Tire'covenants and agreements of dris Security Instrument shall bind and benefit the successors and assigns of L' ender and Borrower,~subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower'who co-signs this Security Instrument but does not execute the Note: (a) is co-signi~gdris Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;. (b) is not personally obligated to pay the sums- secured by this Security Instrument; and (c) agrees-dial Lender and any older Borrower may agree to extend, modify, 1'orbe~u- or m,-ke any acconunodations with reg~u'd to die terms of dux Security Instn-ment or d-e Note without that Borrower's consent. ,. •13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected onto be collected it connection with the loan exceed tlte~penr-itted limits; then: (a) any such loan ch~u•ge shall be reduced by tJ-e amount necess~uy to reduce~tlte charge to the penrutted limit; and (b) any sums alrei-dy collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, 11-c reduction will be treated as a partial prepayucnt without ~u-y pi~cpayn-ent charge under tl-e Note. 1~. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address r stated herein or any other address Lender designates b_y notice to Borrower. Any notice provided for in Qris Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; ~ SeveraUility. This Security Instnmient' `shall be governed by federal law and the taw of the jurisdiction in which the Properly is located. In,the event that any provision or clause of this Security Instrument or;dre Notg conflicts with applicable law, such conflictTshall-not affect other provisions of this Security InsUtunent or the Note which can be given effect without the conflicting provision.. To this end the provisions of d-is Security [nstnunent grid the Note are declared to be severable. 16. Borrower's Copy. Borrower-shall be given one conformed copy'of die Note surd of this Security Instrument. 17. Transfer of the Property or a Bcneticial Iriterest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent. Lender may, at its option,. require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender iF exercise is prohibited by federal law as of the date of dris Security Instrument. If Lender exercises dris option, Lender shall give Borrower notice of acceleration. The notice shall provide ~~ period of not less than 30 days from die date the notice is delivered or mailed within which Borrower must pay all sums secured by dais Security Instrument. If Borrower fails to pay these sums prior to the expiation of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand ou Borrower. l8. Borrower's Right `to Reinstate. if Borrower meets certain conditions, Borrower shall have die right to have enforcement of this Security Instn-ment discontinued at any time prior to_the earlier of: (a) 5 days (or such other period as applicable Page 4 of 6 Form 3t 1 /y0' Initia .G , , law~tnay specify for reinstatement) be ore sale of We Property pursuant to any power di~5"ale contained in this Security Instrument;. or ` (b) er-try of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums whicfi then wauld be due under this SecurityInstrument and flee Note as if no acceleration had occurred; (h) cures any default of any other covenants or agreements; (c) pays all eYperises incurred in enforcing this Security Instnment, .including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to°assure that the lien of Utis Security Instrument, Lender's `` rights in'tlle Pioperty and Borrower's obligation to pay fl-e sums secured by, this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instnment and the obligations ,securcil hereby" shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of accelerationunder paragraph 17. '' 19. Sale of Note; Change of Loan Serviccr. The Note -or a partial interest ut fl-i Note (togeflier wide fl-is Sec--ri[y Instrument) -maybe sold. one or more times without prior notice to Borrower. A sale na}'result in a change in the entity (known as the "Loan Servicer") that collects monthly payments dire under the Note and this Security Instrument.,., Tl-ere also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a ch:utge of the Loan Servicer, Borrower will be given written notice of the change in accordance wiflt paragraph 1=t above and applicable law. The notice will state flee name and address of the new Loan Servicer and the .address to which payments should be made. The notice will also contain. any other information required by applic~~rble law: V 2(t. Hazardous Substances. Borrower shall not cause or permit tl-e presence, use, disposal, storage, or rele<~se of any Hazardous Subst:utces on or in ate Property. Borrower shall not do, nor allow :utyone else to do, anyfl-ing affecting the Properiy that is in violation of :uty Environrnenlal Law. The preceding two sentences shall not apply to the presence, use, or stor<-ge on the Property of small qu:mtities of Hazardous Substances that arc generally recognized to be appropriate to normal residential uses and to ntain[enance, of the Property. . Borrower shall promptly give Lender written notice of :my investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Subst:u-ce or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Haz<~rdous Subst•utce affecting fl-e Property is necessary, Borrower shall promptly take all necessary remedial actions ut accordance with Environmental L:iw. As used in .this .paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Enviromnental Law vtd the following substances: gasoline, kerosene, other flanunable or tonic petroleum products, tonic pesticides and herbicides, volatile solvents, materials containing asbestos or Formaldehyde, and r-dioactive anaterials. As used in this p:uagraph 2O, "Environmental Law" me:uts federal laws :utd laws of the jurisdiction where the Properiy is located that relate to health, safety or environnrcnt:il protection. NON-UNIFORM COVENANTS: Borrower and Lcndcr further covenant and agree as follows: h 21. Acceleration; Remedies. Lcndcr shall givenoticc to Borrower prior to acceleration following Borrowcr'sbreuch of any covenant or agreement fn this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the def:udt; (b) the action required to cure the default; (c) a date,-not less than ail days from the date the notice is giwen to Iorrower, by which the default must be cured; and (~I) that tlrilureto cure the default on or before the datast-ecified in the notice may result. in ucceler:rtion of the sums secured by this Security Instrument and sale of the Property. The notice shall further infor-rn t3urrowcr of the right to reinstate after acceleration and the right to bring a court :rction to assert the non-c~isiencc of ;t default or any other defense of Borrower to acceleration and sale. If the ~' default is not cured ern or before the date specified in the notice, Lcndcr, at its option, may require immediate payment in full of all sums secured by this Security lnstruument without further demand and .may invoke the power of sale and any other remedies Ypermitted by applicable law. Lender shall be entitled to ce~llect all expenses incw•red in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power~of sale, Lender shall execute or cause Trustee to execute written notice'of the occurrence of an event of default and of the Lender's election to cause the Property to be sold; and shall cause such notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice as prescribed. by applicable law to Borrower and to other persons prescribed by applicable law. 'T'rustee shall give public notice of sale to the persons and inahe manner prescribed by applicable law. After the time. required by applicable law, Trustee, without demand on Borrower, shall .sell the Property at public auction to the, highest bidder at the time and, place and under the terms designated in the natice'of sale in one or more parcels and in~any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property- by public' announcement at the time unel' place of any previously scheduled sale'. Lender or its designee may purchase the Property at any sale. . Trustee shall deliver to the purchaser Trustee's decd conveying the Property without any covenant or warranty, ° expressed or implied. The recitals imthe Trustee's deed shall bebprima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (u) to all expenses of the sale, including, but not limited to, reasonable Tr'ustee's,and attorneys' fees; (b) to all sums secured'by this Security Instrument; and (c) any excess to the person or persons legally entitled to'it. Page 5 of G Form 3 1 9/90 ;~ Initi ~/ , „, > . ' • }22. Reconveyance. `Upon payment of all sums secured by this Securit}~istrument, Lender shall request Trustee to recot''Gey the Property and shall surrender this Security Instrument and all notes evidenci,ig debt secured by this .Security Instrument to "Trustee: Trustee'-shall reconvey Q~e Property without warranty and without charge to Qie person orpersons legally entitled to it. Such person orpersons shall pay any recordation costs. ~ a , • 23. Substitute Trustee:- Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. '~ 2d. Area and Location of Property. Either the Property is not more that forty acres in are<l or• the Property is located within an incorporated city or village. 25. Riders to this Security ,Instrument. If one or more riders are executed by Borrower and recorded tog"ether with this Security Instnunent,.ttte covenants and agreements of e<1ch such rider shall~be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check applicable box(es)] O Adjustable Rate Rider . [ ] . Condonunium Rider [ ] 1-4 Family Rider [) Graduated Payment Rider [ J Planned Unit Development Rider [) Biweekly Payment Rider O Balloon Rider -[ ] Rate Improvement Rider [) Second Home Rider [X] V.A. Rider [) Other(s) [specify] BY SIGNING BELOW; Borrower accepts and agrees to tine terms and coven:utts contained in this Security Instrument and in ' any rider(s) executed by Borrower and recorded witl ' Wiutesses: (Seal) 3orrower (Seal) 3orrower (Sca{) ' -Borrower s _ (Seal) -Bonowcr STATE OF IDAHO, ~,~j~t~--- County ss: On this ~~ day of ~-~~,YrLt._.._ /~~~ ,before me, ~F ~ ~~]~in~~ ~yj~ a Notary Public in and or said_ ;~i ty and state; sonally appeared DERICK R GILLUM. and AMY M. GILLUM husband and wife known or proved to me to be the person(sj who executed the foregoing ui trument, and acknowledged to me thatihey executed Q~e same. In witness whereof I have hereunto set my hand and affixed ~ ~ Cficial seal the day and year in dais certificate first above written. C~~i f /. /~,-~ ~ , . _ „ . ,' VV VY v "~"~°'6"~"` y `~ " ot• b is r siding at: (~ ~t THY ~~i1P~Jfvif'3Ca j Nafirary r'Ui;riC S1ato of Id~ha ~ , N!y ~`,~r:•r.~-~l,.~rr.; F;pec;s .)urzo 15, ?00CI _ , . s Page 6 of 6 .Form 3013 9/90 .: a ~., ti f w p m ~, ti :. w ~.. tr rLJ L1l a tlr '~~ d ~~~~ :~~~ ~~~ 7y 4° ~~~ ~ ~~ o 'C ,; ` ~; . ,~ ~', , '~~ t ~_ CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 sss-4433 customer's Order No. Date_~-5'~g Vame P--i K ~- Ptrr~y -~il~um Address Z3~L'1 I%_ A ~~ ~,...-- n ~ MP,-;,1: ,,,~ I n Phone: g$~}' p31p SOLD BY ~ CASH C.O.D. CHARGE C~~C'~' ~ ~ ON ACCT. MDSE. RETD. PAID OUT ~ U~ I I I 13 1- o -oo I AN claims and returned goods`MUS7 be accompanied by-this bill."'.. TAX ~ O O O~ O 2 L BYceived TOTAL q ~ ~ (~9 GS-ZOZ-Z J,~ PRINTED WITN ( , Q PRINTED IN U.S.A. ~JSOYINK_ ~~' IV_..._IG,~-`/l~J/,~ ** TX CONFIRMATION REPORT ** AS DF MAY 06 '98 16 55 PAGE. 01 CITY OF MERIDIAN DATE TIME TOiFROM 10 05106 1654 208 888 109? MODE MINiSEC PGS CMD# STATUS EC--S 00'53" 002 240 OK NOTICE OF APPLICATION NOTICE IS HEREBY GIVEN pursuant to the Ordinance of the City of Meridian and the law of the state of Idaho, that 1{risti Richmond, has filed with the Zoning AdminisVator of the City of Meridian an application for an Accessory Use Permit for the operation of a Fatuity Child Care for five or fewer children out of her home at 2311 Monaco Way, Meridian, Idaho. Comments, either objecting or approving, said application must be filed with tht~ Zoning Administrator within fifteen (15) days after the publication of this notice and shall be addressed to Shari Stiles, Zoning Administrator, City of Meridian, 200 East Carlton, Suite #201, Meridian, Idaho. If there are objections filed within the time allowed, the Planning and Zoning Commission shall hold a public hearing on the application, after proper notice, and may grant or deny the application after making and adopting Findings of Fact and Conclusions of Law. The property at 2311 Monaco Way is more particularly described as Lot 4, Block 4, Glennfield Manor, Meridian, Ada County, Idaho. Any and ali interested persons are welcome and invited to submit comments. DATED this 6th day of May, 1998. SHARI STILES, PLANNING AND ZONING ADMINISTRATOR PUBLISH May 8 and May 12, 1998. NOTICE OF APPLICATION NOTICE IS HEREBY GIVEN pursuant to the Ordinance of the City of Meridian and the law of the state of Idaho, that Amy Gillum, has filed with the Zoning Administrator of the City of Meridian an application for an Accessory Use Permit for the operation of a Family Child Care for five or fewer children out of her home at 2347 E. Apricot Drive, Meridian, Idaho. Comments, either objecting or approving, said application must be filed with the Zoning Administrator within fifteen (15) days after the publication of this notice and shall be addressed to Shari Stiles, Zoning Administrator, City of Meridian, 200 East Carlton, Suite #201, Meridian, Idaho. If there are objections #iled within the time allowed, the Planning and Zoning Commission shall hold a public hearing on the application, after proper notice, and may grant or deny the application after making and adopting Findings of Fact and Conclusions of Law. The property at 2347 E. Apricot Drive is more particularly described as Lot 15, Block 4, Dove Meadows Subdivision, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. DATED this 6th day of May, 1998. ~~~~%.~ ~ SHARI STILES, PLANNING AND ZONING ADMINISTRATOR PUBLISH May 8 and May 12, 1998. .~• _ _ N 00'27'07" E _ 1316.43' 76 4.48' ~ _ C/L NORTH DII~IE L~E(20' R/W) oti~~ ... _ --~ g - ~, . ~ -. ~ -' ~ D m n rn''• ~ ~ .+ POO d 703 ~~~ ~ 23 r. 4 p' 0 ~~' ~ .y O N v~ O~ \ \ ~ • H .r rn 30}7~ p~ ~ y~ m ,~~ ~OQ0 3S. f ~ ~~ pQ~ o~ ~~ s x v' ~~ O 0 VO `O V C1 „~ ~,~ .y o w ~ ~ ti 30 , J ~~ ~v q~,2 J 4 a°' ~aq 0.73 o ay 68 '° oti. 0 S- p `° b 9" oo ~ ~,~a`~` ~,~ •~ti T~3S~ ~S ~• ~ ~ N ~ , ~" ~ n ~ 9 F ~ ~0- ~8 . ,~~, N 3 ti' ~'t °' "? ~ ? ti O~~ I()~7~35 F Oy / ~Cb ~°~ ~ ~gaB. T49?y X40?~• vtti SC,0 q~Li7 '~ ti~ ~ f k 307 C11 ~~' ~ ~ 307. oo ~~, yT. 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AMY GILLUM -PROPERTY OWNERS i~VITHIN 300' ._.- SCHUMACHER SUSAN F 2137 E CLARENE ST MERIDIAN ID 83642 HIATT BEND & MEGAN C 2183 CLARENE ST MERIDIAN ID 83642 DOVE MEADOWS HOMEOWNERS ASSOC 9550 BETHEL CT BOISE ID 83709 E APRICOT DR IVERSON PETER SR 6568 W AUTUMNWOOD ST BOISE ID 83703 2229 CLARENE ST PURCELL SHAUN & KATHERINE N1 2241 E CLARENE ST MERIDIAN ID 83642 SCOTTSDALE CONSTRUCTION INC 11431 W HICKORY LOOP BOISE ID 83713 2263 CLARENE ST ARCHIBALD BENJAMIN D & JAMIE E AND SELLERS KEITH L & E LOUISE 2256 E APRICOT DR MERIDIAN ID 83642 BLACKSTEAD INVESTMENTS INC 11760 W EXECUTIVE DR SUITE 120 BOISE ID 83713 2332 E APRICOT'DR PIPAL RANDALL, M & JULIE A 2350 E APRICOT DR MERIDIAN ID 83642-7329 PORTER JAMES V & MARCIA J 2201 E APRICOT DR MERIDIAN ID 83642 SAUCERMAN J PAUL & KIMBERLY L 2301 E CLARENE ST MERIDIAN ID 83642 GOTCHER AMANDA 2345 E CLARENE ST MERIDIAN ID 83642 BOYLE KENNETH J & SUSAN 2175 E APRICOT DR MERIDIAN ID 83642 FULLER NIARIC E & JOANN L 2440 E APRICOT DR MERIDIAN ID 83642-7330 JONES AARON B & ZUNDEL.KA'THY SUE 2392 E APRICOT DR MERIDIAN ID 83642-7329 PANTALEO RAYMOND A & BETTY JO 2414 E APRICOT DR MERIDIAN ID $3642-7330 BOUNYAVONG PHONETHIP 1883 N GINKGO AVE MERIDIAN ID 83642-7328 DECKER BRIAN M & CAMPBELL DANNA L 2162 E GRAPEWOOD DR MERIDIAN ID 83642 JOHNSON JEFFREY B & BRANDI D 2200 E GRAPEWOOD DR MERIDIAN ID 83642 4 FINGER EDWARD P III BERYL KAY 2321 E APRICOT bR MERIDIAN ID $3642-7329 SCHIEDEL TERESA F AND GEORGE JOHN WAYNE 2252 E GRAPEWOOD DR MERIDIAN ID 83642-7332 GILLUM DERICK R & AMY M 2347 E APRICOT DR MERIDIAN ID 83642-7329 SIMS MARVIN-S JR & SARAH M 2363 E APRICOT DR MERIDIAN ID 83642-7329 WELCH ROBERT L & TIFFANY A 2449 E APRICOT DR MERIDIAN ID 83642-7330 BINGHAM ALLEN W & LILIAN H 2435 E APRICOT DR MERIDIAN ID 83642-7330 HARR KAREN LYNN 2387 E APRICOT DR MERIDIAN ID 83642-7329 PETERSON ROBERT G & MICHELLE 2403 E APRICOT DR MERIDIAN ID 83642-7330 BOBKO RAYMOND L S2S4 RHONDA DR SAN JOSE CA 9S 129-4260 2288 E GRAPEWOOD DR MCDONALD JAMES S JR & . DONNA GAIL 2171 E GRAS'EWOOD DR,. MERIDIAN ID $3642 SWIGER FRANK R & LUCILLE M 2318 E GRAPEWOOD DR MERIDIAN ID 83642-7333 LEADER DAVID E & MARY 110 PARKWAY DR BOISE ID 83706-4010 2217 E GRAPEWOOD DR MERTINS TOM W JR 2336 E GRAPEWOOD DR MERIDIAN III 83642-7333 SMITH NICKOLAS G 22SS E GRAPEWOOD DR MERIDIAN ID 83642 GARCIA ROBERTO S AND GARCIA EPIFANIO T & MARIA S 2364 E GRAPEWOOD DR MERIDIAN ID 83642-7333 MATTSON DAVID ALLAN & DOREEN A 2382 E GRAPEWOOD DR MERIDIAN ID 83642-7333 SEVER DAVID P & ANNA K 2396 E GRAPEWOOD DR MERIDIAN ID 83642-'1333 WARD KAREN M 2416 E GRAPEWOOD DR MERIDIAN ID 83642-7334 DONNELLY SCOTT C & MARLA J 2430 E GRAPEWOOD DR MERIDIAN ID 83642-7334 AUSTIN KEVIN J & MICHELLE L 2273 E GRAPE WOOD DR MERIDIAN ID 83642-7332 vKISSLER JAMES A 1591 SENDERO BOISE ID 83712 E FAIRVIEW AVE 2 MCCLOUD RUTH F 1063 S OSHETNA CIR EAGLE RIVER AK 99577-8261 2295 E GRAPEWgOD DR FISHER JEFFREY L &` PAULA M a 2311 E GRAPEWOOD DR MERIDIAN ID $3642-7333 MILLENSIFER WILLIAM G & ANNE 2327 E GRAPEWOOD DR MERIDIAN ID 83642-7333 LINDQUIST MICHAEL J & MARY L 2531 E GRAPEWOOD DR MERIDIAN ID 83642-7335 ESP CLIFFORD G & ROSEMARY E 2379 E GRA:PEWOOD DR MERIDIAN ID 83642-7333 WHITNEY RONALD D & CONSTANCE J 1306 E BRAEMERE RD BOISE ID 83702-1800 2393 E GRAPEWOOD DR JORGENSEN THOMAS D & PATRICIA M 2409 E GRAPEWOOD DR MERIDIAN ID 83642-7334 3 4 4 .I „ D n { x X ~ x x , J ~` ~` ~ x x x x ~ ~ ~ X X x X ~ X~ ~' X X ~ ~ ~ ~ ,23y~ ~• ~ri0o1' - A.rnY C,ill unit. 4 . 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"C r ~ ~ ~ r, ~ 3 ~ y 3 ~ ~ 0 N -. pZ D . . i 3 ~ (~ (p ~~ y-•~ ,~ nn0 ~n m p v, m v i c° 7 O .m . ~.~c ~ m ~ m C R < _ ~L Q O° ~ b . ~. f ~ ~ J t ~ = it ~ y. q ~ N ~ 1 ~ ~ ~ ~ rJ 7 ~ j ~ \ ~ e cQ N m m ~ ~ O 3 N Q 7 O ~ +.. j .~ m ~ N..p 3 ` ?'t \ ~ ~ o m ~ ~.a m s ~.- .: :,;. ~oo~°om mQ ~ ~ ~cQ m p n w ~ m sw ~ _w - - m~ -~ -~ O ~ s ~ • _ ~- ~' ~ °' N D ' ~ o 3 .~ o. ~ fA ~nN~mO '« w D ° c N dZf ~ c .po p c _ ~ ~ 3 ~~c i c < -. IDNNO'C W Qj ~ N.p.C ( pG ~ N N p - m - Qj J C ~ v N N ^' O O O C O C~ C 7 O° j m 0 0 -N. ON ~EAN» N ~ ~ O n ~ ~ O- O C ~~m 03 ~ .. ° ' ~ '~D <~ wN tD ~_ tea ~ _ _ N ~ ~ ~ ~ O O c N ~ N t11 3fU y3 ..~ w~m~o~m - Q m mom ° ' ~ ~oo~ m° ~ c op ~ ~ ~ w~D am _ ~ ~v ~ . ~'. ~. ~ms ~,m y a~X o~ ~~ d_ono~m oo~D~~'a ncn pm ~ ~ ~ ~ ~ni n~ ~ wm3 y (n ?.$>> p m ~ LU ~~S O ~'< j ~ cD ~ (D ~ O wNN and TJJ ~, Q N~.N m ~ ~ m a o p m y w m ~~ O o~m fD ~O ~ U) N .. O NN ~ N N ~ - mV> ~ QO d l (p O p'Nx. W.N NO __ ~ fwn a ~ 7 p ~ ~~°o3c°>Q c •, • Cp ~ ~ ~ _.o_:c n • U ; ' ~ w ~ G( ~ w~ ~.~ 3°w~Zom ~~-~ ` ~'~~wv'+~ . < m r. w ~ 70 m f ~h ,< fn ~ O- d c x. ~ ~ _ ~ w~Dw'oo~ p1 m ~ ~ ' ~ mmai o. m~»xc~ J ~' T m "'t N ~ ~ N (D O° 7 N N'~ ~~ .~:.._ • ~ .~4 , { MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 14, 1998 APPLICANT: AMY GILLUM AGENDA ITEM NUMBER: 2 REQUEST: ACCESSORY USE PERMIT FOR HOME CHILD CARE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 6/9/98 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: SEE ATTACHED FINDINGS OF FACT ~. ~, ~ " ~~ ~i ,~ V~ ~qp~ ~~~ ~C I~" IDAHO POWER: U S WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ' All Materials presented at public meetings shall become property of the City of Meridian. _ 4 ~` .. _ .,.~.,:..... ,.,e....;:......<.:.... ... _ ..q.. ,.. .-....,,..~.-`~.f,..^~,~,.~.-~-fir....-.._....- ..- _ .~ ~,.,~..,~... ~ .j./.,.... ~O ~ ~/w+ W 4 N~Yr~iCOl+~-~+ ~ ~~ ' ~ s...~~ ~ i (.s~Gr~tr~~. _.. - f . ~CE ° .. g ~ MAY 1 ~ 19984 ° 4 ~' CITY OF MERIDIAN ~ ~~..G~.+CLY`+.i ° 06.+v A.~~a.. .. ~ r ~ .. .. t ' ~ . ~l~ ~~ ~ Y~ V kV~" ..ice ~ (. 0 4 g S ~ ~ s N 1- . (//l/f. t ,,~ ,. ~ .~ ~ _ .. nn,,(pJ -. ~ . ~: _ 1 ~ Id~'1 /~~ jy ! /~ /~ v { ~ •. • '_ _ . .~ ~ ~ _ i l/ nt1~ / !! 1[asf a.LthL t~ C 1 ~ J ,.. .#.+ 4 - ~, ~ s/~!y b r ~. ~ ~ ~ T Y y i ~ a` 'a ~ ~ ~t b _~ J q ~`Jy '///~/~j MERIDIAN PLANNINCi~il ZONING C014Il~IISSION JULY 14, 1998 PAGE 3 ROLL CALL: Borup, Aye. De Weerd, Aye. Smith, Aye. Nelson, Absent. MOTION CARRIED: All Aye (Nelson, absent). MacCoy: It stands approved. It will be moved on to City Council. Borup: Mr. Chairman. I move the Meridian Planning and Zoning Commission hereby recommends to the City Council and City of Meridian, that it approves the conditional use permit requested by the applicant, the properties described in the application. The applicant shall satisfy the conditions set forth in 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 paving and landscaping requirements and all of the ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the city. De Weerd: I would second that. MacCoy: Thank you very much. MacCoy: Alt those in favor. MOTION CARRIED: All ayes. ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR AN ACCESSORY USE PERMIT FOR HOME CHILD CARE BY AMY GILLUM - 2347 E. APRICOT DRIVE. De Weerd: Mr. Chairman. MacCoy: Yes. De Weerd: I move that the Planning and Zoning commission of the City of Meridian, hereby adopt and approve these Findings of Fact and Conclusions of Law. Borup: Second. MacCoy: We have a statement and vote of second. ROLL CALL: Borup, aye. Smith, aye. De Weerd, aye. Nelson, absent. MOTION CARRIED: All Ayes. De Weerd: I move that the Planning and Zoning, hereby decides and hereby approves the accessory use permit requested by the applicant for the property described in the application with the conditions set forth in the Findings of Fact MERIDIAN PLANNINC~D ZONING COMMISSION • JULY 14, 1998 PAGE 4 and. Conclusions of Law. More particularly set forth at paragraph 12 of the Conclusions of Law and that the property shall be required to meet the water and sewer requirements the fire and life safety codes and the uniform building code and other ordinances of the City of Meridian. The accessory use shall be subject to review by the City upon notice of the applicant. Smith: Second. MacCoy: All in favor. MOTION CARRIED: All aye. ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR AN ACCESSORY USE PERMIT FOR HOME CHILD CARE BY KRISTI RICHMOND -2311 MONACO WAY. Smith: Mr. Chairman, I'd like to make a motion to Planning and Zoning Commission of the City of Meridian hereby adopt and approve these Findings of Fact and Conclusions of Law. Borup: Second. MacCoy: Very good. ROLL CALL: Borup, aye. Smith, aye. De Weerd, aye. Nelson, absent. MOTION CARRIED: All aye. MacCoy: What's the decision. Smith: Mr. Chairman the Planning and Zoning Commission hereby decides and hereby approves the accessory use permit requested by the applicant for the property described in the application with the condition set forth in the Findings of Fact and Conclusions of Law or particularly set forth in paragraph 12 of the Conclusions of law and that the property be required to meet the water and sewer requirements, fire and life safety codes uniform building codes and other city ordinances of Meridian. Accessory use shall be subject to review upon notice of the applicant. Borup: Second. MacCoy: All in favor. MOTION CARRIED: All aye. Borup: Mr. Chairman, maybe you need to state which item that was. PLANNING AND ZO•JG COMMISSION • ,TUNE 9, 1998 PAGE 30 MacCoy: Okay, you need a motion, some Commissioner here. Smith: Mr. Chairman, I'd like to make amotion-that we defer action on the Findings of Fact and. Conclusions of Law on items 10 and 11 until our June 17"' meeting. Nelson:. Second. MacCoy: All in favor. MOTION CARRIED: All aye. Smith: Although I should point out that - it was pointed out to me on the last item that we don't have Findings on a preliminary plat which is item #11 so - MacCoy: You. included it, that is what you did. We can move on now. ITEM #12: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR HOME. CHILD CARE BY AMY GILLUM - 2347 E. APRICOT DRIVE: MacCoy: Commissioners, any statement first? Public hearing is now open. Is the applicant here for this one tonight? Prior: Hi ma'am, would you state your name and address and spell your last name for the record for me. Gillum: Amy Gillum, 2347 E. Apricot. AMY GILLUM WAS SWORN BY THE CITY ATTORNEY. Gillum: My intention is just to take in one to two children in my home so 1 can care for my own children at the same time. ~ I'm not it to bother my neighbors or cause disruption I just want to care for my children. MacCoy: Is that all you have to say about it? Gillum: Yeah. MacCoy: Commissioners, do you have anything you want to ask her? Nelson: Yes Mr. Chairman, I'd like to - it looks like there's a letter here in my packet from.Frar~k Sweigart, have you had an opportunity to read that I~;tter? Gillum: Yes, ~ I have. . / PLANNING AND ZC~VG COMMISSION • JUNE 9, 1998 PAGE 31 Nelson: Do you want to make any comment to that or address that at all? Gillum: There are issues where the noise level and I'm going to have an infant myself in October and my time outside with the children. is going to be limited, I may keep it an infant only .day care where I can't leave an infant in the house asleep while I go play-outside with-other children. Like i said, I'm not in it to cause disruption to my neighbors. Nelson: Thank you. MacCoy: I'd like to add a little bit to that. Okay, after your pregnancy is into real life then down the road since this is a permanent goes on and your child grows and -what are your plans then? Gillum: Well, I have a three and a half year old right now, in two years he will be in school, that's going to reduce the number of children in my house by„one. I don't allow or I won't allow them to be running outside screaming, there's other children in the neighborhood that are in their backyards and it would,be no different than if I had three children of my own. MacCoy: Okay. Commissioner Smith? Smith: Mr. Sweigart's letter, he referenced CC&R's for your subdivision are something to the affect of prohibits in-home businesses, are you familiar with the content of your CC&R's and { do want to point out that it's not the City's or this Commission's duty to review or enforce CC&R's, we have no jurisdiction over that but I was just curious if that was indeed the case and if you were familiar with the CC&R's? Gillum: Like the covenants? Smith: Covenants, codes, restrictions. Gillum: Yes and I've been speaking with the community property management at Dove Meadows and they urged me to write a letter to the Board of Directors f seeking approval and that - Smith: That's whaf you need to do to get your neighborhood's approval? Gillum: Yes and that a gentleman by the name of Mike Farlow assured me that the Board never toms these down. Smith: Okay, thank you. PLANNING AND ZO~IG COMMISSION . JUNE 9, 1998 PAGE 32 MacCoy: Commissioner de Weerd, do you have any questions? de Weerd: I have no questions at this point. MacCoy: Okay, is there anybody here that would like to speak for or against? Sims: Okay, now what do I have to do? Prior: You have to state your name and address. 'Sims: Sarah Sims and it's 2363 E. Apricot. SARAH SIMS WAS SWORN BY THE CITY ATTORNEY. Sims:. Well I have some questions about what the permit really is and I'm sure you've already answered them but does the five include her children? Nelson: If I may respond to that Mr. Chaim~an, when they say five or fewer it includes the children already in the. home and it also includes the total number allowed to be registered with the daycare provider so and that's how traffic patterns are determined so it doesn't mean that she could use a half day for one and a half day for another later on or anything like that, iYs a total of five and her children are included in that. Sims: And does it take care of the hours of operation like ftom six to six or can it be anytime during the day or anytime at night? Nelson: I think that in most cases it's. been a 7 to 6 but I guess we haven't discussed.. that for the record. Sims: Okay there is no expiration date on these permits? Prior: The process is simple, if we get a complaint that needs to be reviewed the City Council has an opportunity to review these things and they can be brought, before for review upon,notification to the applicant. That's the way the process works. Sims: After the permit, are they at all inspected, are the homes inspected? Nelson: They are -this only gives them the opportunity to get a permit, they're still subject to the Health Department and the fire codes so there's other inspections. Sims: So this is the first step but they have to go through-the others also. PLANNING AND ZO~IG COMMISSION JUNE 9, 1998 PAGE 33 Nelson: They have even more stringent~'requrements for - Prior: Ma'am, they still .have acity- no, they don't have a city council, never mind. I almost misspoke. Never mind, just°disregard what I said..l'm tired. Nelson: But, yes, this only gives them permission to start requesting from the governing agencies - Sims: And then they start - so actually this isn't the final step then? Nelson: No. Sims: Okay. And do all the daycares here in Meridian have to have a permit and go through these steps? I mean you have to have a permit. to have a daycare, right? Nelson: Yes. Sims: Let's see if I have any other questions. Nelson:. I'm sure not all do. Sims: Pardon. Nelson: I'm just commenting I'm'sure there's some that aren't. Sims: I really don't have any objection because I know she has the three and a half year old, and he would actually be happier having someone else to play with. You know, you are going to have a baby and the three and a half year old. It's just that when I first saw the thing and. it said five children. You're~thinking five more people coming in the morning and five people coming in the afternoon, and that's a lot of traffic. And the people who come and pick up their children don't really care about your yard. They are just there to pick up their children. To them, it's no big deal. So if it's - so as long as - Prior: It's a total of five, ma'am. Sims: Total of five. Okay, well, I guess that all I'm going to say then. I just had some questions about the permit and the city, and if someone does come out and inspect the house every now and then, then I really don't - yeah, I think it's okay to try it maybe: MacCoy: I would -like to answer one thing that ycu brought up there. You fisked the question about daycare centers in the amity of Meridian: There is a county- wide, and we are part of that listing that is kept up and reviewed every three ,~ r _ . _ .. ... PLANNING AND ZO~IG COMMISSION • JUNE 9, 1998 PAGE 34 months, and a list comes out. Each city.receives one of those, and the " inspections and so on have to be tallied at that time.. So it is a constant thing, and if you find somebody or know somebody that has a daycare center that didn't go through this, all you need to do is come in and tell us about it, and they will go out and get inspected. But yes, they must have~permits. Sims: Okay, all .right, thank you. MacCoy: Anybody else now? Yes, sir. FRANK SWIGER 2318 E. GRAPEWOOD DRIVE MERIDIAN WAS SWORN BY THE CITY ATTORNEY. Swiger: Well, I'm against anyone .having a daycare center, .whether they have 'two children or five or whatever. Ibought there originally. I bought the first lot in that subdivision. I knew that there were covenants and regulations against any businesses being held in there, run from in there. I bought it because it was quiet, and I wanted it to be quiet and now right behind me, a daycare center. Children are going to-make noise. That's the way children are. You can't stop them, and you can't shoot them for doing it, and no matter what you say we all have children or had children, and you can't do this. -Now, I've got a bad heart. That's the reason I moved from in town.. out there and built my own house because it-was quiet, and I want it to stay quiet. I have to pay money there. In the way of home owner's dues, and the covenants specifically say, no businesses shall be ran from there. Now what recourse do I have from this now? As the attomey, sir, I'll ask you? Prior: I'm not going to do legal advise Swiger: All right. I don't need any. I have an attorney for that. But still it don't make sense to me. They read the rules when they bought in there. And now they are trying to advert these rules. Well, there's children in there. They have children. The other people, one other family there next to me has two little children, and they are good little children. They don't bother me. But anymore than that-out there, and it's going to get over bearing. I just can't go on with this. I'm too nervous. I go in the. hospital again Friday for a little hear operation, and now they are going to put a child care center right behind me, and I bought there for peace and quiet and agreed to pay the dues. Now, what am I suppose to do? Smith: Mr. Swiger, I'm not going to purport to give legal advise either, but as I stated earlier to the applicant, the city has no jurisdiction or authority in any shape or form to enforce a neighborhood CC&R's and it seems like to me that your issue would be with the same boars of directors that the applicant is going. before for approval of this as an exception to the CC&R's and. that would be who PLANNING. AND"ZO~JG COMMISSION E ~~ JUNE 9; 1998 PAGE 35 I would suggest you go to and ary to address your concernsbecause quite~frankly . we can't address your, CC&R's. We can't even acknowledge that.they exist. Swiger: Okay: ~ ~ . w , } "~ , ,~ g ~, ~ ~ ,. Smith:°' All we°can doiwith CC8~R's is~check and make sure that they~don't,conflict with°the ordinances~with the.City of Meridian; and,that's as far as we go with it. Swiger: Now mywife`and„Mike had several conversations on this subject: And another;lady'had conversations with Mike on this subject~too... ~ ~~ Smith: Excuse` me sir, who is~~Mike?5~ ~~ ., Swiger: The. manager of `our home owners~association,~and. he knew nothing- about this subject.. It~was completely foreign to him. Now maybe within,the last four or five or six days; he might have got some information. on it, but he is concerned about this and they are going to bring it up at the board meeting, and they~are going to take:action, butt don't know whatthe~action is going to be. Maybe-it's to;approve the application. But then 1 have my'recourse, and that's all can do. ~ . Smith: I can sympathize~with your concerns sir, but there's nothing really other than reviewing the application`and complying.with the city ordinances, there's really nothing that we can do. ~.. Swiger: Okay, now that I' understand your, position in`that, I know,which way, have to go, sir, and that's all I can do. And for no information, I thank you, John. Prior: It seemsr like Byron gave all kinds of information. Swiger:' You said~you hadn't been in courf: What am l suppose to.ezpect from. You? ~ _ ~ ` §:fi ° Prior: ~-You are nof~going'to get anything from me. Swiger::Thank you`geritlemen, lady.. MacCoy: All right;thank you... is,there anyone else that""would, like to, make a statement?4 Atl~right. Gillum: I just want to comment that l did speaK with -.Mike Fai•low at the community property management about two weeks ago, and he was very upbeat about it: He said that 1 just nQedea to write a letter to the board of directors, and that he's .never seen them disapprove it, and again I just want to state to Mr. Swiger-that I do` not want o`disrupt his life and his home. There are children in __ .__. ~ ~. PLANNING AND ZC,~.~G COMMISSION ~~ J) JUNE. 9, 1998. PAGE 36 "'- the other neighborhoods around his house. It's not going to be any different than those children playing outside. When I moved in, which was after Mr. Swiger, the dealings of the subdivision were handled by Dave Leader who is, a subdivision developer. It was not turned over to the home owners association until maybe six months after we moved in. I don't agree that he knew that he had covenants because the home owners association because it wasn't handled by the home owners association. It was handled by Dave Leader. MacCoy: ~ Any questions you want to add? Okay, all right. Thank you very much. Okay hearing that, do you have a comment to come back with? Okay. Swiger: As far as the CC&R's, we. had to go through a realty company which is the way you know it's handled, and at the time we bought the lot, and we were the first people to buy a lot. They.said there's a home owners association, and you'll getFa copy of the CC~R's, and the dues are this and so forth. Now I thought that was a requirement. Prior: Sir, that's probably something that you can bring up with your board. I don't think that has anything to do with the conditional use permit at this thing, and I don't think it's really relative to these proceedings. Swiger: As the first buyer in there, I got aIF this information, and as the 30"' buyer, she said she didn't know anything. about it. MacCoy:. Anyone else that would-like to step forward? .Commissioners, do you have any people you. want to talk to here or any statements you want to make? Nelson: I'dxlike to make a statement, Mr. Chairman. The proposed application is the least restrictive; or excuse me, the lowest level I guess of daycare center available for the homein this subdivision, and in most cases I encourage or in favor of home daycares. We approve these subdivisions and the only alternative if we don't have home daycares, is we have more commercial daycares, and people won't like the traffic that causes either. So in this particular case I would be in favor of the`-home daycare. This is the lowest level, and it would appear` also that she's not even using the full five children access that she has available, but just for the record, I'd like to point that out. MacCoy: Anybody else up here? Mr: Smith? Mrs. De Weerd? Staff? Bruce, Shari, do you have any comments to make at all at this point? Prior: Do,you know what we're talking about? Daycare centers. Stiles: I have no comment. MacCoy: That wasn't appropriate. e ` p, „~., Y...... ~..,--, w PLANNING AND ZC~VG COMMISSION JUNE 9, 1998 PAGE 37 Nelson: I have no further comment. MacCoy: Okay, I'm going to close the public hearing at this point; and commissioners; I'd like to hear statement as to what we should do. Nelson: Mr. Chairman, I'd like a motion that we have the. city attorney prepare Facts and Findings for Item .number 12. Smith: Second. MacCoy: Okay, -all in favor. MOTION CARRIED: All ayes. ITEM NO. 13: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR HOME CHILD CARE BY KRISTI RICHMOND - 2311 MONACO WAY: MacCoy: Is the applicant here? KRISTI RICHMOND 6857 MAXWELL LANE, BOISE WAS SWORN BY THE CITY ATTORNEY. Richmond: My husband and I are working on a lease to purchase at 2311 Monaco Way, and it is pending right now. Prior: Hold it. Before we get into that, why don't we swear you in. {didn't anticipate you going through that oratory. . Richmond: Anyway my husband and I are working on a lease to purchase at 2311 Monaco Way, and it is pending on this accessory use permit. Before we even started the paperwork on the home, I did go door to door and spoke with all the neighbors that were around the. home, and there were no complaints. All the neighbors were fine with it, and so we did pursue because it would be optimal for me to work out of my home. I'm a teacher. I work at the Children's_School. My background is in early childhood. It would be optimal for me to work out of my home. It is for five or fewer children. It's not large. The complaints were noise, traffic, and devaluation of property. 2311 Monaco Way is right by an elementary school; a block and a half practically. As far as noise level, I have been in the neighbofiood a lot working, my husband and I have been working on the lawn, working on the house, and we did hear some noise just coming from the school. She might bs wof vied that more noise level will come from five more chi~dren, but with the fencing and the trees, I don't believe that would be problam. As far as traffic, we have a good parking that is available for parents. It wouldn't be out in .. --~~ --~- • C~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMIS AMY GILLUM ACCESSORY USE PERMIT FOR A HOME CHILD CARE 2347 E. APRICOT DRIVE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW .. -v- ~~.JUN.2 9'1998 CITI' OF MERIDIAN The above entitled matter having come on for public hearing on June 9, 1998, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant, Amy Gillum 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 of Law. FINDINGS OF FACT The notice of the public hearing on the application for the accessory use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 9, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 9, 1998, 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. The property included in the application for the accessory use permit is described in the application, and by this reference is incorporated herein as if set forth in full. This property is located within the City of Meridian, Ada County, and State of Idaho at 2347 E. Apricot Drive. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM -FAMILY CHILD CARE HOME IN AN R-8 • Pursuant to the application, the Applicant is the owner of record of the property; the property is currently zoned (R-8) Medium Density Residential District; the property is contained in Lot 15, Block 4 of Dove Meadows Subdivision; the surrounding properties are residential homes; the Applicant requests an accessory use permit for the operation of a Family Child Care Home; there exist no accessory uses of a similar nature in the area; and the Applicant agrees to pay increased sewer, water or trash fees if such are required due to increased use. 4. Pursuant to Section 11-2-409 A, Zoning Schedule of Use Control of the Zoning and Development Ordinance of the City of Meridian, the operation of a Family Child Care Home on property zoned (R-8) Medium Density Residential District is permitted by and requires an accessory use permit. 5. The Applicant, Amy Gillum, testified substantially as follows. 6. The Assistant City Attorney swore in Amy Gillum. Mrs. Gillum noted that she would like to be able to care for one or two additional children other than her own. Commissioner Nelson requested comment from the applicant concerning the letter from Frank Swigert. Mrs. Gillum noted that she would not allow any noise that would disrupt her neighbors. She noted that she will have a newborn in October and has every intention of keeping the noise to a minimum. Commissioner Smith inquired about the CCR's. Mrs. Gillum noted that she spoke with the subdivision manager and there appears to be no great concern. Mrs. Gillum noted that submitting a written request to the Board of Director's is all that is needed to gain approval of the day care. 7. The Assistant City Attorney swore in Sarah Sims. Mrs. Sims inquired about the number of children permitted. Commissioner Nelson noted that the number is FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM -FAMILY CHILD CARE HOME IN AN R-8 u five including the applicant's own children. Mrs. Sims inquired about the hours of operation, the expiration date of the permit and whether an inspection was required. Commissioner Nelson noted that generally hours of operation are 7:00 a.m. to 6:00 p.m. He noted that the permits are reviewed at any time upon receipt of a complaint. Further, that all applicants must obtain an inspection from Central District Health and the Fire Department. Mrs. Sims noted that she had no objection to the daycare as long as the number of children was limited to five. The Assistant City Attorney swore in Mr. Frank Swiger. Mr. Swiger noted that he is against any day care regardless of the number of children. Mr. Swiger noted that he has a heart condition and that any additional noise or disruption could aggravate that condition. He noted that the subdivision covenants state that the proposed day care is not permitted. Mr. Swiger noted that he spoke with the homeowner's association manager, who had no knowledge of the day care. He noted that the Board of Director's of the association will be notified of the proposal and that action will be taken. 9. Mrs. Gillum noted that she spoke with Mike Farlow, the homeowner's association manager who appeared to have no problem with the day care. He advised the applicant that a letter to the Board of Directors of the subdivision is all that is needed. She noted that Mr. Farlow told her that he has never seen a project denied. 10. Mr. Swiger noted to the Commission that his subdivision has CCR's that are in effect. 11. The Planning and Zoning Administrator, Shari Stiles, and Bruce Freckleton, Assistant to the City Engineer, had the following comments regarding conditions for the Accessory Use. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM -FAMILY CHILD CARE HOME IN AN R-8 • 1. Off-street parking shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning and Development Ordinance. 2. Outside lighting shall be designed and placed to not directly illuminate any nearby residential areas, and in accordance with City Ordinance Section 11-2-414.D.3. 3. No signage shall be allowed. 4. Sanitary sewer and water to this facility would be via existing service lines. This site currently is assessed with one water hookup and one sewer hookup. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regard to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. The use shall be considered a commercial use and charged commercial rates. 5. Zoning Certificate and Certificate of Occupancy for the daycare are required prior to operation. 6. No employees that are not residents of the home will be permitted. 7. Screened trash enclosures are to be provided in accordance with City Ordinance. 8. The family child care home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 9. Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. 10. Applicant shall provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. 11. Applicant shall provide for a fence of appropriate height/construction, to enclose play areas. 12. If the accessory use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection • prior to operating. Operation of daycare without proper approvals will result in revocation of accessory use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 AMY GILLUM -FAMILY CHILD CARE HOME IN AN R-8 • 13. Family child Gaze homes are defined as a child caze facility which provides care for five (5) or fewer children throughout the day. This includes the provider's own children. 14. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child caze home. 12. The Central District Health Department commented that a permit to operate a day care must be obtained from their office. 13. The Nampa & Meridian Irrigation District had no comments on the application. 14. Kenny Bowers, Meridian Fire Chief, requires that all codes will be met, and that smoke detectors and a fire extinguisher are put in. 15. Meridian Police Chief, Bill Gordon, submitted no comments. 16. There was no further testimony given at the heazing. 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 of the application by certified mail, return receipt requested, to owners.of property which abut the external lot or boundary lines of the property, and properties across the street, alley and kitty corner to the property; a notice of the application was published for two (2) consecutive weeks; and a notice of the public hearing on the application for the accessory use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 9, 1998, the first publication of which was fifteen (15) days prior to said hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM -FAMILY CHILD CARE HOME IN AN R-8 • • 2. The City of Meridian has authority to grant accessory uses pursuant to 11- 2-410 D of the Zoning and Development Ordinance of the City of Meridian. 3. The City of Meridian has authority to place conditions on an accessory use permit. 4. 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. 5. The Zoning and Development Ordinances of the City of Meridian defines "Accessory Use or Structure", at Section 11-2-403 B as follows: Accessory Use or Structure - A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use or structure does not alter the essential characteristics of the principal permitted use and does not include a building which is defined herein as a dwelling unit. The Zoning and Development Ordinance of the City of Meridian defines, "Dwelling Unit" at Section 11-2-403 B as follows, "Dwelling Unit -Any building or portion thereof which meets adopted building codes and is used as a residence or living quarters of one or more persons." 6. Section 11-2-410 D 1. of the Zozung and Development Ordinance of the City of Meridian provides in part: a. The accessory determination shall be based upon the relationship of the building, structure or use to the principal permitted use. Specifically, it must be habitually or commonly established as reasonably incidental to the principal permitted use and located and conducted on the same premises as the principal permitted use. In determining whether it is necessary, the following factors shall be used: (1) The size of the lot in question; (2) The nature of the principal permitted use; (3) The use made of adjacent lots; FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM -FAMILY CHILD CARE HOME IN AN R-8 • • (4) The actual incidence of similar use in the area; (5) The potential for adverse impact on adjacent property; and (6) The applicant must be the owner of the property under - consideration and the user of the accessory use. b. Family child care homes and home occupations may be considered to be permissible accessory uses in the R-4 and R-8 Residential Districts if they aze approved after applying the following additional review procedures and the applicable accessory use standards of Section 11-2-410D2: These standards include the following: (1) The applicant shall be required to pay any additional sewer, water and trash chazges or fees, if any aze required. (2) The use shall be considered as a commercial use. (3) Pay the fee of eighty dollazs ($80.00). 7. The property is currently zoned (R-8) Medium Density Residential District. The surrounding properties aze zoned (R-8) Medium Density Residential District, and are residential homes. 8. The Zoning and Development Ordinance of the City of Meridian defines "Family Child Care Home", at Section 11-2-403 B as follows: Child Care Facility -Any home, structure, or place where nonmedical caze, protection, or supervision is regularly provided to children under fourteen (14) yeazs of age, for periods less than twenty four (24) hours per day, while the pazents or guazdians aze not on the premises. There aze three (3) types of child care facilities: Family Child Care Home - A child Gaze facility, which provides care for five (5) or fewer children throughout the day. ***~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 AMY GILLUM -FAMILY CHILD CARE HOME IN AN R-8 It should be noted that in determining the type of child care facility that is being operated 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. 9. Section I 1-2-410 D 2. of the Zoning and Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission shall review applications for accessory use permits. This section provides: Family Child Care Home Standards: It is the intent of this provision to provide for accessory family child care homes which will not adversely impact surrounding properties due to children's noise, traffic and other activities, and which are located away from and properly screened from adverse impacts to the health, safety and welfare of the children. The following conditions shall apply: (1) Secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division if required. (2) Acquire an occupancy certificate and/or building permit. (3) Provide one off-street parking space per employee, which may be the driveway to the home. (4) Provide for child pick-up area located offof arterial or collector streets. (5) Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. (6) Provide for a fence of appropriate height/construction, to enclose play areas, protecting children from traffic on arterial or collector streets. 10. This application for an accessory use permit has been judged upon the applicable standards and guidelines set forth in Section 11-2-410 D of the Zoning and Development Ordinance of the City of Meridian, the record submitted to it, and the things of which the City of Meridian may take judicial notice. 11. Applications of this nature are difficult because, notwithstanding objections from neighbors, the Zoning and Development Ordinance of the City of Meridian provides that the requested use is permitted as an accessory use if the standards FINDINGS OF FACT AND CONCLUSIONS OF LAW - AMY GILLUM -FAMILY CHILD CARE HOME IN AN R-8 • are met. The Planning and Zoning Commission concludes, considering the applicable standards and guidelines set forth in Section 11-2-410 D of the Zoning and Development Ordinance of the City of Meridian, the record submitted to it and the things of which the City of Meridian may take judicial notice, the Applicant has met the standards. Consequently, if the neighbors' objections are allowed to control it is not government by law. The law controls and the application for an accessory use permit shall be granted, and the use allowed subject to the conditions imposed. 12. Because conditions may be placed upon the grant of an accessory use permit, the Planning and Zoning Commission concludes that the following conditions of the grant of the accessory use are required, to-wit: a. As the ordinances of the City of Meridian only allow up to five (5) children under the Family Child Care Home, the Applicant shall be limited to a maximum of five (5) children, including her own children, to be cared for under this accessory use permit; b. The Applicant shall provide for a fence of appropriate height and construction, to enclose play areas, protecting the children from traffic, whether or not the traffic is on arterial or collector streets; c. The Applicant shall keep the children in the fenced yard at all times except for drop-off and pick-up times when the parents shall be required to bring the children into the Applicant's home and come into the home to pick the children up. The children shall at no time be allowed out side of the fenced area when not accompanied by an adult; d. The Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division; e. The Applicant shall provide one off-street parking space per employee, if any, which may be the driveway to the home; f. The Applicant shall provide for child pick-up area located off of any arterial or collector streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9 AMY GILLUM -FAMILY CHILD CARE HOME IN AN R-8 g. The Applicant shall provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties; h. The Applicant shall meet the comments, recommendations and requirements of the City Engineer's office and the Planning and Zoning Administrator, which include, but are not limited to the following: (1) Off-street parking shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning and Development Ordinance; (2) Outside lighting shall be designed and placed so as not to illuminate directly any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D.3. (3) No signage shall be allowed; (4) The Applicant shall provide any information that she may have with regard to her anticipated water demand, and the Applicant shall enter into an Assessment Agreement with the City of . Meridian prior to operation. The use shall be considered a commercial use and charged commercial rates; (5) The Applicant shall secure a Zoning Certificate and Certificate of Occupancy for the Family Child Care Home prior to operation; (6) The Applicant shall provide screened trash enclosures in accordance with City ordinance; (7) The Family Child Care Home shall not adversely impact surrounding properties due to the children's noise, traffic and other activities; (8) The Applicant shall forthwith schedule an appointment with the Meridian Fire Department for inspection prior to operatiog; and (9) The Applicant's operation of the Family Child Care Home without proper approvals will result in revocation of accessory use permit. i. The Applicant shall meet and comply with the comments, recommendations and requirements of the Meridian Police Department, the Meridian Fire Department, the Meridian Sewer Department, and the Central District Health Department; and j. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a Family Child Care Home. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10 AMY GILLUM -FAMILY CHILD CARE HOME IN AN R-8 ~J 13. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions of the grant of the application for an accessory use permit. 14. If the Applicant meets all the conditions set forth in these findings, including but not limited to, the comments of City of Meridian staff, the Planning and Zoning Commission and all other government agencies submitting comments, the accessory use permit should be granted. FINDINGS OF FACT AND CONCLUSIONS OF LAW - I I AMY GILLUM -FAMILY CHILD CARE HOME IN AN R-8 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 Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER SMITH COMMISSIONER DeWEERD COMMISSIONER NELSON CHAIRMAN MacCOY (TIE BREAKER) DECISION VOTED VOTED /.( VOTED~i VOTED ,4~d~-~ VOTED '~--- The Planning and Zoning Commission hereby decides and hereby approves the accessory 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 12. of the Conclusions of Law, and that the property shall be required to meet the water and sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other ordinances of the City of Meridian. The accessory use shall be subject to review by the City upon notice of the Applicant. MOTION: APPROVED: ~ ~ 6-29-98 -- FINAL ~/~q~f~~q DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - I2 AMY GILLUM -FAMILY CHILD CARE HOME IN AN R-8 PLANNING AND Z~iNG COMMISSION • JUNE 9, 1998 PAGE 30 MacCoy: Okay, you need a motion, some Commissioner here. Smith: Mr. Chairman, I'd like to make a motion that we defer action on the Findings of Fact and Conclusions of Law on items 10 and 11 until our June 17tH meeting. Nelson: Second. MacCoy: All in favor. MOTION CARRIED: All aye. Smith: Although I should point out that - it was pointed out to me on the last item that we don't have Findings on a preliminary plat which is item #11 so - MacCoy: You included it, that is what you did. We can move on now. ITEM #12: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR HOME CHILD CARE BY AMY GILLUM - 2347 E. APRICOT DRIVE: MacCoy: Commissioners, any statement first? Public hearing is now open. Is the applicant here for this one tonight? Prior: Hi ma'am, would you state your name and address and spell your last name for the record for me. Gillum: Amy Gillum, 2347 E. Apricot. AMY GILLUM WAS SWORN BY THE CITY ATTORNEY. Gillum: My intention is just to take in one to two children in my home so I can care for my own children at the same time., I'm not it to bother my neighbors or cause disruption I just want to care for my children. MacCoy: Is that all you have to say about it? Gillum: Yeah. MacCoy: Commissioners, do you have anything you want to ask her? Nelson: Yes Mr. Chairman, I'd like to - it looks like there's a letter here in my packet from Frank Sweigart, have you had an opportunity to read that fetter? Gillum: Yes, I have. PLANNING AND ZING COMMISSION JUNE 9, 1998 PAGE 31 Nelson: Do you want to make any comment to that or address that at all? Gillum: There are issues where the noise level and I'm going to have an infant myself in October and my time outside with the children is going to be limited, I may keep it an infant only day care where I can't leave an infant in the house asleep while I go play outside with other children. Like I said, I'm not in it to cause disruption to my neighbors. Nelson: Thank you. MacCoy: I'd like to add a little bit to that. Okay, after your pregnancy is into real life then down the road since this is a permanent goes on and your child grows and -what are your plans then? Gillum: Well, I have a three and a half year old right now, in two years he will be in school, that's going to reduce the number of children in my house by one. I don't allow or I won't allow them to be running outside screaming, there's other children in the neighborhood that are in their backyards and it would be no different than if I had three children of my °own. MacCoy: Okay. Commissioner Smith? Smith: Mr. Sweigart's letter, he referenced CC&R's for your subdivision are something to the affect of prohibits in-home businesses, are you familiar with the content of your CC&R's and I do want to point out that it's not the City's or this Commission's duty to review or enforce CC&R's, we have no jurisdiction over that but I was just curious if that was indeed the case and if you were familiar with the CC&R's? Gillum: Like the covenants? Smith: Covenants, codes, restrictions. Gillum: Yes and I've been speaking with the community property management at Dove Meadows and they urged me to write a letter to the Board of Directors seeking approval and that - Smith: That's what you need to do to get your neighborhood's approval? Gillum: Yes and that a gentleman by the name of Mike Farlow assured me that the Board never turns these down. Smith: Okay, thank you. PLANNING AND Z~iNG COMMISSION • JUNE 9, 1998 u PAGE 32 MacCoy: Commissioner de Weerd, do you have any questions? de Weerd: I have no questions at this point. MacCoy: Okay, is there anybody here that would like to speak for or against? Sims: Okay, now what do I have to do? Prior: You have to state your name and address. Sims: Sarah Sims and it's 2363 E. Apricot. SARAH SIMS WAS SWORN BY THE CITY ATTORNEY. Sims: Well I have some questions about what the permit really is and I'm sure you've already answered them but does the five include her children? Nelson: If I may respond to that Mr. Chairman, when they say five or fewer it includes the children already in the home and it also includes the total number allowed to be registered with the daycare provider so and that's how traffic patterns are determined so it doesn't mean that she could use a half day for one and a half day for another later on or anything like that, it's a total of five and her children are included in that. Sims: And does it take care of the hours of operation like from six to six or can it be anytime during the day or anytime at night? Nelson: I think that in most cases it's been a 7 to 6 but I guess we haven't discussed that for the record. Sims: Okay there is no expiration date on these permits? Prior: The process is simple, if we get a complaint that needs to be reviewed the City Council has an,opportunity to review these things and they can be brought before for review upon notification to the applicant. That's the way the process works. Sims: After the permit, are they at all inspected, are the homes inspected? Nelson: They are -this only gives them the opportunity to get a permit, they're still subject to the Health Department and the fire codes so there's other inspections. Sims: So this is the first step but they have to go through the others also. PLANNING AND Zr~NG COMMISSION • JUNE 9, 1998 PAGE 33 Nelson: They have even more stringent requirements for - Prior: Ma'am, they still have acity - no, they don't have a city council, never mind. I almost misspoke. Never mind, just disregard what I said. I'm tired. Nelson: But, yes, this only gives them permission to start requesting from the governing agencies- Sims: And then they start - so actually this isn't the final step then? Nelson: No. Sims: Okay. And do all the daycares here in Meridian have to have a permit and go through these steps? I mean you have to have a permit to have a daycare, right? Nelson: Yes. Sims: Let's see if I have any other questions. Nelson: I'm sure not all do. Sims: Pardon. Nelson: I'm just commenting I'm sure there's some that aren't. Sims: I really don't have any objection because I know she has the three and a half year old, and he would actually be happier having someone else to play with. You know, you are going to have a baby and the three and a half year old. It's just that when I first saw the thing and it said five children. You're thinking five more people coming in the morning and five people coming in the afternoon, and that's a lot of traffic. And the people who come and pick up their children don't really care about your yard. They are just there to pick up their children. To them, it's no big deal. So if it's -- so as long as - Prior: It's a total of five, ma'am. Sims: Total of five. Okay, we11, I guess that all I'm going to say then. I just had some questions about the permit and the city, and if someone does come out and inspect the house every now and then, then I really don't - yeah, I think it's okay to try it maybe. MacCoy: I would like to answer one thing that you brought up there. You asked the question about daycare centers in the City of Meridian. There is a county- wide, and we are .part of that listing that is kept up and reviewed every three PLANNING AND Z~NG COMMISSION • JUNE 9, 1998 PAGE 34 months, and a list comes out. Each city receives one of those, and the inspections and so on have to be tallied at that time. So it is a constant thing, and if you find somebody or know somebody that has a daycare center that didn't go through this, all you need to do is come in and tell us about it, and they will go out and get inspected. But yes, they must have permits. Sims: Okay, all right, thank you. MacCoy: Anybody else now? Yes, sir. FRANK SWIGER 2318 E. GRAPEWOOD DRIVE MERIDIAN WAS SWORN BY THE CITY ATTORNEY. Swiger: Well, I'm against anyone having a daycare center, whether they have two children or five or whatever. I bought there originally. I bought the first lot in that subdivision. I knew that there were covenants and regulations against any businesses being held in there, run from in there. I bought it because it was quiet, and I wanted it to be quiet and now right behind me, a daycare center. Children are going to make noise. That's the way children are. You can't stop them, and you can't shoot them for doing it, and no matter what you say we all have children or had children, and you can't do this. Now, I've got a bad heart. That's the reason I moved from in town out there and built my own house because it was quiet, and I want it to stay quiet. I have to pay money there. In the way of home owner's dues, and the covenants specifically say, no businesses shall be ran from there. Now what recourse do I have from this now? As the attorney, sir, I'll ask you? Prior: I'm not going to do legal advise. Swiger: All right. 1 don't need any. I have an attorney for that. But still it don't make sense to me. They read the rules when they bought in there. And now they are trying to advert these rules. Well, there's children in there. They have children. The other people, one other family there next to me has two little children, and they are good little children. They don't bother me. But anymore than that out there, and it's going to get over bearing. t just can't go on with this. I'm too nervous. Igo in the hospital again Friday for a little hear operation, and now they are going to put a child care center right behind me, and I bought there for peace and quiet and agreed to pay the dues. Now, what am I suppose to do? Smith: Mr. Swiger, I'm not going to purport to give legal advise either, but as I stated earlier to the applicant, the city has no jurisdiction or authority in any shape or form to enforce a neighborhood CC&R's and it seems like to me that your issue would be with the same board of directors that the applicant is going before for approval of this as an exception to the CC&R's and that would be who PLANNING AND Z~NG COMMISSION • JUNE 9, 1998 PAGE 35 I would suggest you go to and try to address your concerns because quite frankly we can't address your CC&R's. We can't even acknowledge that they exist. Swiger: Okay. Smith: All we can do with CC&R's is check and make sure that they don't conflict with the ordinances with the City of Meridian, and that's as far as we go with it. Swiger: Now my wife and Mike had several conversations on this subject. And another lady had conversations with Mike on this subject too. Smith: Excuse me sir, who is Mike? Swiger: The manager of our home owners association, and he knew nothing about this subject. It was completely foreign to him: Now maybe within the last four or five or six days, he might have got some information on it, but he is concerned about this and they are going to bring it up at the board meeting,. and they are going to take action, but I don't know what the action is going. to be. Maybe it's to approve the application. But then I have my recourse, and that's all I can do. Smith: I can sympathize with your concerns sir, but there's nothing really other than reviewing the application and complying with the city ordinances, there's really nothing that we can do. Swiger: Okay, now that I understand your position in that, I know which way I have to go, sir, and that's all 1 can do. And for no information, I thank you, John. Prior: It seems like Byron gave all kinds of information. Swiger: You said you hadn't been in court. What am I suppose to expect from you? Prior: You are not going to get anything from me. Swiger: Thank you gentlemen, lady. MacCoy: All right, thank you. Is there anyone else that would like to make a statement? All right. Gillum: I just want to comment that I did speak with Mike Farlow at the community property management about two weeks ago, and he was very upbeat about it. He said that I just needed to write a letter to the board of directors, and that he's never seen them disapprove it, and again I just want to state to Mr. Swiger that I do not want to disrupt his life and his home. There are children in PLANNING AND Zt~NG COMMISSION • JUNE 9, 1998 PAGE 36 the other neighborhoods around his house. It's not going to be any different than those children playing outside. When I moved in, which was after Mr. Swiger, the dealings of the subdivision were handled by Dave Leader who is a subdivision developer. It was not turned over to the home owners association until maybe six months after we moved in. I don't agree that he knew that he had covenants because the home owners association because it wasn't handled by the home owners association. It was handled by Dave Leader. MacCoy: Any questions you want to add? Okay, all right. Thank you very much. Okay hearing that, do you have a comment to come back with? Okay. Swiger: As far as the CC&R's, we had to go through a realty company which is the way you know it's handled, and at the time we bought the lot, and we were the first people to buy a lot. They said there's a home owners association, and you'll get a copy, of the CC&R's, and the dues are this and so forth. Now I thought that was a requirement. Prior: Sir, that's probably something that you can bring up with your board. I don't think that has anything to do with the conditional use permit at this thing, and I don't think it's really relative to these proceedings. Swiger: As the first buyer in there, I got all this information, and as the 30~" buyer, she said she didn't know anything about it. MacCoy: Anyone else that would like to step forward? Commissioners, do you have any people you want to talk to here or any statements you want to make? Nelson: I'd like to make a statement, Mr. Chairman. The proposed application is the least restrictive, or excuse me, the lowest level I guess of daycare center available for the home in this subdivision, and in most cases I encourage or in favor of home daycares. We approve these subdivisions and the only alternative if we don't have home daycares, is we have more commercial daycares, and people won't like the.traffic that causes either. So in this particular case I would be in favor of the home daycare. This is the lowest level, and it would appear also that she's not even using the full five children access that she has available, but just for the record, I'd like to point that out. MacCoy: Anybody else up here? Mr. Smith? Mrs. De Weerd? Staff? Bruce, Shari, do you have any comments to make at all at this point? Prior: Do you know what we're talking about? Daycare centers. Stiles: I have no comment. MacCoy: That wasn't appropriate. PLANNING AND ZING COMMISSION JUNE 9, 1998 PAGE 37 Nelson: I have no further comment. MacCoy: Okay, I'm going to close the public hearing at this point, and commissioners, I'd like to hear statement as to what we should do. Nelson: Mr. Chairman, I'd like a motion that we have the city attorney prepare Facts and Findings for Item number 12. Smith: Second. MacCoy; Okay, all in favor. MOTION CARRIED: All ayes. ITEM NO. 13: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR HOME CHILD CARE BY KRISTI RICHMOND - 2311 MONACO WAY: MacCoy: Is the applicant here? KRISTI RICHMOND 6857 MAXWELL LANE, BOISE WAS SWORN BY THE CITY ATTORNEY. Richmond: My husband and 1 are working on a lease to purchase at 2311 Monaco Way, and it is pending right now. Prior: Hold it. Before we get into that, why don't we swear you in. I didn't anticipate you going through that oratory. Richmond: Anyway my husband and I are working on a lease to purchase at 2311 Monaco Way, and it is pending on this accessory use permit. Before we even started the paperwork on the home, 1 did go door to door and spoke with all the neighbors that were around the home, and there were no complaints. All the neighbors were fine with it, and so we did pursue because it would be optimal for me to work out of my home. I'm a teacher. I work at the Children's School. My background is in early childhood. It would be optimal for me to work out of ~my home. It is for five or fewer children. It's not large. The complaints were noise, traffic, and devaluation of property. 2311 Monaco Why is right by an elementary school; a block and a half practically. As far as noise level, I have been in the neighborhood a lot working, my husband and I have been working on the lawn, working on the house, and we did hear some noise just coming from the school: She might be worried that more noise level will come from five more children, but with the fencing and the trees, I don't believe that would be problem. As far as traffic, we have a good parking that is available for parents. It wouldn't be out in .~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 9, 1998 APPLICANT: AMY'GILLUM AGENDA ITEM NUMBER: 12 ~. REQUEST: ACCESSORY USE PERMIT FOR NOME CHILD CARE - 2347 E. APRICOT DRIVE AGENCY ~ COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED 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: I `SEE ATTACHED COMMENTS ~ ~ t CENTRAL DISTRICT HEALTH: f NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ~ ~ . k . IDAHO POWER. US WEST: ~ ~/ ~~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ` All Materials presented at public meetings shall become property of the City of Meridian. } ,,. , +.. • Y } HUB OF TREASURE VALLEY ~ Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (2os> Ss~-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD ~~~"'~'a ~~ DEPARTMENT (208) 884-5533 MAY 2 8 1998 MEMORANDUM: May 27, 1998 ~' ~ ',7. ~'[ERIDIAN To: Planning & Zoning Commission From: Bruce Freckleton, Assistant to Cityy E~er Shari Stiles, P&Z Administrator Re: REQUEST FOR ACCESSORY USE PERMIT FOR A HOME CHILD CARE at 2347 E. Apricot Dr. by Amy Gillum We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. Outside lighting shall be designed and placed to not directly illuminate any nearby residential areas, and in accordance with City Ordinance Section 11-2-414.D.3 3. No signage shall be allowed. 4. Sanitary sewer and water to this facility would be via existing service lines. This site currently is assessed with one water hookup and one sewer hookup. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regard to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. The use shall be considered a commercial use and charged commercial rates. 5. Zoning Certificate and Certificate of Occupancy `for "the daycare are required prior to operation. ~. 6. No employees that are not residents of the home will be permitted. 7. Screened trash enclosures are to be provided in accordance with City Ordinance. 8. The family child care home shall not adversely impact surrounding properties due, to children's noise, traffic and other activities. Gillum.AUP Mayor, Council and P&Z May 27, 1998 Page 2 9. Applicant shall secure and maintain a child care license from the Idaho State Department of Health'and Welfare-Child Care Licensing Division. ' 10: Applicant shall provide for screening of adjacent properties to protect children from adverse impacts`and to provide a buffer between properties. 11. ~ Applicant ,shall provide for a fence of appropriate height/construction, to, enclose play areas. ~ s 12. If the accessory use permit is approved, Applicant is to schedule an appointment with the ' Meridian Fire Department for inspection prior to operating. Operation•of daycare. without a proper approvals will result in revocation of accessory use permit. 13. Family child care homes are defined as a child care facility which provides care for five (5) or fewer children throughout the day. This includes the provider's own children. 14. ~ Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. eh 3. ~ i 1 Gillum.AUP Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN RON ANDEIj ~E ~ Tj-~ KEITH BIffII ~ `' -l~ MAY 2 6 1998 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 CI ski OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 2, 1998 .TRANSMITTAL DATE: MAY 18, 1998 HEARING DATE: JUNE 9, 1998 REQUEST: ACCESSORY USE PERMIT FOR HOME CHILD CARE BY: AMY GILLUM LOCATION OF PROPERTY OR PROJECT: 2347 E. APRICOT DRIVE JIM JOHNSON, P/Z MALCOLM MACCOY, P/2 MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES 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(PRE i~ FINAL PLAT) IDAHO TRANSPORTATION P R MENT ~1 YOUR CONCISE REMARKS: V - F HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE R Good Place to Live Council Members CITY OF MERIDIt~N PUBLICBWORKS CHARLES ROUNTREE ~ 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY ~ MERIDIAN, IDAHO 83642 (208) 887-2211 RON A t~EN.~ jD Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT MAY 2 0 1998 (208) 884-5533 ~` ~' ~' MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 2, 1998 .TRANSMITTAL DATE: MAY 18, 1998 HEARING DATE: JUNE 9, 1998 REQUEST: ACCESSORY USE PERMIT FOR HOME CHILD CARE BY: AMY GILLUM LOCATION OF PROPERTY OR PROJECT: 2347 E. APRICOT DRIVE JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C iKEITH BIRD, C/C GLENN BENTLEY, C/C iWATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES 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) IDAHO TRANSPORTATION DEPARTMENTQ' YOUR CONCISE REMARKS: ~ ~~~ ~ U ~~u~ 1.~ c 5 `e i' •~ ~ ~¢ CENTRAL CEN RAL DISTRICT HEALTH DEPAR ENT •• D~STRtCT ~ Environmental Health"Division HEALTH t ,~cEr`'EDRetuo Boise DEPARTMENT ~ MAY 2 9 1998 ^ Eagle Rezone #]: _ ^ Garden City >~ ., ;,. }~°-' ~~'leridian Conditional Use # ^ Kuna Preliminary /Final,/ Short Plat "'^ ACZ ^ I. ^ 2. ^ 3. ^ 4.' ^ 5. ^ 6. ^ 7. ,: v ,. ^ 8. Y. ^ 9. F ^ 10. ^ I I. ^ 12. ^ 13. 14. We have No Objections to this Proposal. We recommend Denial of this Proposal. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more data concerning soil conditions on this Proposal before we can comment. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other This office will, require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability: 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 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 Run-off is not to create a mosquito breeding problem. ~~ This Department would recommend deferral until high seasonal ground water can be determined if other,, considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. < We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ beverage establishment ^ grocery store it , ^ child care center E tS Date: ~ /.2 (o / ~~ Reviewed By: ~1 ~oHO ~0~9~ ~. ~~. »9~ ~ ~ Review Sheet ~~ i ORGANIZED 1904 R~CE~D JUN - ~ 1998 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 ~• ~ J 1 June 1998 Phones: Area Code 208 OFFICE: Nampa 466-7861 Clty Of Merldlan SHOP: Nampa 466-0663 33 East Idaho Meridian, Id 836421 - , RE: Accessory Use Permit for Home Child Care -Amy Gillum Dear Commissioners: The Nampa & Meridian Irrigation~District has no comment on the above referenced application. Sincerely, ~~s~-~~--.- ~ Bill Henson, Asst. Water Superin~ P NAMPA & MERIDIAN IRRIGA' BH:dln cc: File -Shop ~ ~~ File -Office \ Water Superintendent \ APPROXIlv1ATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000. BOISE PROJECT RIGHTS - 40,000 REcErvED ~i ~ ~ JUN 10 1998 . CITY OF MERIDIAN SUSAN S. EASTLAKE, President ,. GARY E. RICHARDSON, Vice President `~ SHERRY R. HUBER, Secretary.. June 1, 1998 City of Meridian ~ ' 33 East Idaho Street Meridian, ID 83642 Re: MAU-03-98 2347 Apricot Drive 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. However, ACRD receives many calls from neighbors of day care centers concerning the volume of traffic and the number of parked vehicles near existing day care centers. Each parent typically makes two round trips per day (i.e. four one-way trips). The Institute of Transportation Engineers (ITE) data show that a typical day care created 4.65 vehicle trips per day per student. The proposed 5 student facility can be expected to generate 24 total vehicle trips per day. -- All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. If you have any questions please feel free to call Sincerely, Steve Arnold Senior Development Analyst 387-6170. cc: Project file Chron file ada county highway district 3 i 8 East 37th • Boise, Idaho 83714-6499 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellusQachd.ada.id.us ,F , - Marvin and Sarah Sims _2363 E. Apricot Meridian,. fD 83642 ~ ~ ,~ LOT 7 6, BLK 4, Dove Meadows Subdi; ision ~~ ' RE , ~D ~ ~~ i ~_ "~ ~ MAY 1 9 1998 ~" May 17, 1998 CITY OF MERIDIAN PLANNING & ZONING Shari Stirs Zoning Administrator ~ ~ ,' 200 East Carlton #201 ~, ~ . Meridian, ID 83642 Subject: Accessory Use Permit for a Family Child Care at 2347 E Apricot filed by Amy Gillum We wish to let you know that we do not want to live next door to a Family Child Care. Our home is in the Dove Meadows Subdivision and we do have a Homeowners' Association. In , the Declaration of Covenants it is clearly stated that no lot be used to conduct a business or trade. ~~ Sincerely, Our association management company is: Community Property Management Mike Farlaw 9550 Bethel Court ` , Boise, ID 83709 , Phone: 322-0676 ~t._: ,~; _~~_ ~ r ,-, ~- ~; ~ ..... T .._ _ ° <~. r..~~x~3~ __ .. ............. _,3._~ . : _.__._. it ;~;