Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Lawrence, Wendell and Kathleen CUP
• ~ ~ Mayor HUB OF TREASURE VALLEY n ROBERT D. CORRIE A Good~Place to Live LEGAL DEPARTMENT ,Council Mem rc CITY OF MERIDIAN PUBL-~BWORK S CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 8364 C (2os> sx~-2z u RON ANDERSON Phone (208) 888/4433 • Fax (208) 8883 C E ~ ~/ E PANNING AND ZONING ~ KEITH BIRD DEC 14 1998 DEPARTMENT ('08' g8a_55~~ City of Meridi an City Clerk Offi TRANSMITTAL ce 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: CUP-98-102 REQUEST: CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY: WENDELL ~ KATHLEEN LAWRENCE LOCATION OF PROPERTY OR PROJECT: South of Pine Street; North of Hwy- 30/Franklin Road, on Linder Road - TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT ~- 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 IRE DEPARTMENT 'POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER _CITY PLANNER`- CITYFILES 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION)C~ ~i YOUR CONCISE REMARKS: ~ ~ ` ~ %" / V ` LL. ~ ~ ~ S ~U i ~ L /~/„Q, ~o p •2. A2 .~ ~!12E S~~"i.ul~(.er SGi'S ~e~~--, -t- ~/~G /-~C/~~es•~v - _ 5l~ ~~ lc)~LL N~ fd ~ ~AN~~ /-/,~r~a~ lv~ LC N~c9 n7`~ ~-~ ~ ~a~~ LL~~ on-v `1Joo2 ~`~Y /T~OX~~~wc ~-`v~c~ 7~0 ~~ ~~ c9~ ~ . 0`~-~ y ry(f f MERIDIAN CITY COUNCIL MEETING: JUNE 15 1999 r APPLICANT: KATHLEEN 8~ WENDELL LAWRENCE AGENDA ITEM NUMBER: 1 REQUEST: CONDITIONAL USE PERMIT FOR 50 CHILDREN DAYCARE FACILITY AGENCY COMMENTS ~_ _ CITY CLERK: ~ ,~ ,~~ ,_,~___ CITY ENGINEER: CfTY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: a CITY BUILDING DEPT: CITY WATER DEPfi: f~ MER1D{AN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CJ OMMfTTEE: ~ ~~ ADA COUNTY STREET NAME C CENTRAL DISTRICT HEALTH: _1L/ I` 'V " ~ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION; IDAHO POWER: US W EST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Alf Materials presented at public meetings shall become property of the City of Meridian. ~~-.r~~ • ~ .. ,,,.a~.,r. , ws ~ y'; MERIDIAN CITY COUNCIL MEETING: JUNE 1, 1999 APPLICANT: KATHLEEN AND WENDELL LAWRENCE AGENDA ITEM NUMBER: 4 REQUEST: DEVELOPMENT AGREEMENT FOR KATHLEEN AND WENDELL LAWRENCE AGENCY COMMENTS CITY CLERK: SEE ATTACHED SIGNED D/A CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: r~~3~`~R ~ (~c.a~dQQ . 11~~ ~ ~ 0~ ~~ V l~ U ~~ S4 INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. .~? ** TX CONFIRMATION REPORT ** • AS~OF APR 28 '99 17 08 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 12 04/28 1?~05 208 888 109? MODE MIN/SEC PGS CMD# STATUS EC--S 02'28" 006 239 OK v RECOROEO-RE~llEST OF V ~ ~~ 1 ' ~~ J, " .YJ~ M.4VARR0 Q _ ,,,,~., ~hauo fEc..._....- lS49A~22 P~1~~38 ~~ 99L~39304 CITY OF MERIDIAN ORDINANCE NO. ~` ~l AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONT'1GUOUS OR ADJACENT TO THE CITY LIMITS OF THI; CI1`Y OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; IaND FINDING T1~IAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TU THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY 01= MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL (C-G) AND LIMITED OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW; BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PAR1`S THEREOF IN CONFLICT I iEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI< OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITI-i ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. 13E IT ORDAINED EY THE MAYORAND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the Ciry of Mexidian has xeceived a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: C-G ZONING PARCEL A parcel of land being a portion of the SW i/4 NE 1/4 of Section 23, T. 3N., R. I W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1!4 corner of Section 13, T.3N., R.1W., $.M., Ada County, Idaho; thence, N 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE 1/16 corner of said Section 13; thence, N. 00° l 3' l S" E. 230.00 feet along the East I/16 Line to the POINT OF BEGINNING; JOHN GOADE ANNEXATION AND ZONING ORDINANCE i ~ RtCt1RDED • REQtSEST 4~ ' ..A :~'Y~~ER .1. ~ Y1G~ NAVAARRO r ~~ ~ __ ` ~ l~99~P2~ ~~~~.~~ l~P~' 99n3930~+ CITY OF MERIDIAN ORDINANCE NO. ~` ~J i. AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR I ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE f ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL (C-G) AND LIMITED OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS ~ DESCRIBED BELOW, BE A PART OF THE CITY `OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER C TO ADD SAID~PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, ~ IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH A,DA COUNTY RECORDER, AUDITOR, TREASURERAND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: ~ SECTION 1. FINDINGS: That the following described land is contiguous and r adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ~ C-G ZONING PARCEL A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T. 3N., R. 1 W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1/4 corner of Section 13, T.3N., R.1W., B.M., Ada County, Idaho; thence, N 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE 1/16 corner of said Section 13; thence, N. 00°13'15" E. 230.00 feet along the East 1/16 Line to the POINT OF BEGINNING; JOHN GOADE ANNEXATION AND ZONING ORDINANCE Thence, N. 00°00'00" W. 231.03 feet to the POINT OF BEGINNING; Thence, N. 55°08'27" W. 284.18 feet to a point of beginning of curve; Thence along a curve to the left 66.07 feet, said curve having a delta of 63°05'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of 62.78 feet which bears N. 03°18'53" E. to a point of ending of curve; Thence N. 61 °46' 13" E. 83.51 feet; Thence N.00° 13' 15" E. 191.00 feet; Thence, S. 89°46'45" E. 157.00 feet to said East 1/16 Line; Thence, S. 00°13'15" W. 455.00 feet to the POINT OF BEGINNING, said parcel containing 1.62 acres. L-O ZONING PARCEL A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T.3N., R.1W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1/4 corner of Section 13, T.3N., R.1 W., B.M., Ada County, Idaho; thence N. 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE 1/1 b corner of said Section 13, said point being the POINT OF BEGINNING; Thence, N. 89°52'22" W. 143.09 feet to the centerline of the Ten Mile Drain; Thence along said centerline the following courses and distances: N. 30°08'45" W. 335.35 feet; Thence, N. 62°02'20" W. 797.87 feet to the south line of Franklin Square Subdivision, 4 records of the Ada County Recorder, Boise, Idaho; JOHN GOADE ANNEXATION AND ZONING ORDINANCE. 2 i ~ • I E Thence leaving said centerline, S. 89°54'50" E. 356.86 feet to the Southeast corner of i 4 Lot 18, Bloclc 3, said Franldin Square Subdivision; ' Thence, N. 00°08'42" E. 107.47 feet to the Southwest corner of Troutner Business Parlc, ` records of the Ada County Recorder, Boise, Idaho; Thence along the south line of said subdivision the following courses and distances: f ~ S. 85°41'16" E. 147.43 feet; ~~ Thence, N. 79°54'52" E. 523.46 feet to the Southeast corner of said subdivision and the E `, East 1/16 Line of said Section 13; Thence leaving said south line and along said East 1116 Line, S. 00°13'15" W. 166.93 feet; Thence, N. 89°46'45" W. 157.00 feet; f r ' Thence, S. 00° 13' 15" W. 191.00 feet; Thence, S. 61 °46' 13" W. 83.51 feet to a oint of be 'nnin of curve; P ~ g Thence along a curve to the right 66.07 feet, said curve having a delta of 63°05'20", a k radius of 60.00 feet, tangents of 36.83 feet, and a long chord of 62.78 feet which bears ~, S. 03°18'53" W. to a point of ending of curve; ~ Thence, S. 55°08'27" E. 284.18 feet to said East 1{16 Line; ~. ,4 ~ Thence, S. 00°13' 15" W. 230.00 feet to the REAL POINT OF BEGINNING, said parcel I containing 7.63 acres. ', SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. i b t JOHN GOADE ANNEXATION AND ZONING ORDfNANCE ~ 3 i ~~ SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial (C-G) and Limited Office District (L-O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City ti of Meridian and the owner of the land described in Section 1 dated the 2~fi day of ~"r~ l , 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ,: SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ~ SECTION 8: The Clerlc of the City of Meridian shall, within ten (10) days following I ~ the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, C ~ State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file I ~ simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. 4 JOHN GOADE ANNEXATION AND ZONING ORDINANCE 4 f ~ -_ ~' ~ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~~day of ~l ~ , 1999. APPR VED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 20"- day of ~ ~ , 1999. ``~t~~R~~ttetrtrJyr `ltiti~ ~~ ~ ~ ~~~`~rrf ATTE T: ~} \~ v ~ P+s 1~ ~~ fr V ~y 1 s ITY CLERK _ ~i~..'~ msg1Z:\Work\M\Meridian 15360M\Goade\AZ. ORD.~VPD ~"~ ~ ~ ~ ~, 9d ~r ts~ ,~ .~?~ t L. I r JOHN GOADS ANNEXATION AND ZONING ORDINANCE i 5 i ~ - ~ ~~. A ~~ ~ ~ ~ n~ ~, ~~ y -~- ~~ ~~~~ ~~~~ ~E ~~ 6 a~~q ~~~ ~~ ^~~. ~~ ~ ~9 ~~ ~i R ~ bls I I o 1 1 1 I r Y s s 0 ~, ~ BEFORE THE MERIDIAN CITY COUNCIL C~ i IN~ THE MATTER OF THE APPLICATION OF WENDELL AND I<A.THLEEN LAWRENCE, FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE FACILITY LICENSED FOR 50 CHILDREN LOCATED AT ~ CINDER ROAD, SOUTH OF PINE STREET, NORTH OF HWY. 30 AND FRANIQ,IN ROAD, MERIDIAN, IDAHO Case No. CUP-98-102 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on April 20, 1999, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., upon the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and taken oral and written testimony, and Brad Hawkins-Clark having appeared on behalf of the Planning and Zoning Department, and the Applicant, Kathleen Lawrence, having appeared and testified in favor of the application, and Jerry Randolph having appeared and testified in opposition to the application, and the City Council having received the staff FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY ~ ~ report and the record and the Recommendations made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 20, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said Bearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and .the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 20, 1999, public Bearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. `f ~ 2. This proposed development request is in a (L-O), Limited Office District, i FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2 AND DECISION AND ORDER'GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY F ~~ ~ • F H- ~, zone -by reason of the provisions of § 11-2-418E of the Municipal Code and a public ~ hearing was required before the City Council on this application. 3. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and §§11-2-416E and 1'1-2-418E as r evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of i I, Posting filed with the staff report. :,. r t f 4. The property is located on Linder Road, South of Pine Street, North of ~ H . 30 and Franklin Road, Meridian, Idaho. I ~ 5. +The owners of record of the subject property~are Woodrow and Anita Chase of 370 N. Linder, Meridian, Idaho. ~ 6. Applicants are Wendell and Kathleen Lawrence of 889 N. Fillmore Way, Meridian, Idaho. 7. The subject property is currently zoned Limited Office District (L-O). The zoning district of Limited Office District (L-O) is defined within the City of ~ Meridian Zoning and Development Ordinance, Section 11-2-408B(7). 8. The proposed application requests a conditional use permit for the ~. operation of a 4,800 sq. ft., 50 children child care facility. The L-O zoning designation I within the City of Meridian Zoning and Development Ordinance requires a conditional i ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 ~ AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY i .~- r f. III f use,permit be obtained for most uses including those requested by the Applicant. i r (Meridian City Zoning and Development Ordinance, Section 11-2-409). r , 9. The use proposed within the subject application will in fact, constitute a f conditional use as determined by City Policy. 10. Mr. Jerry Randolph testified at the hearing pertaining to his concerns of the conditional use devaluing his property, noise from the children and/or the I additional increase in traffic. He noted the subdivision is still referred to as Heppers ~ Acres and he thought the covenants did not allow commercial enterprises. i 1 1. The Meridian Planning and Zoning Commission takes judicial notice of i r its. Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal I I` Code of the City of Meridian and all current zoning maps thereof and the f ~' Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. E 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning I jurisdiction, public facilities and services required by the. proposed development will not. impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY i ,• C services to the subject real property within the planning jurisdiction of the City of Meridian. ~ 12.1 Conditions requested by the City of Meridian Planning and Zoning Administrator and Assistant City Engineer within their Memorandum ~~ dated January 8, 1999, be required as follows: i Adopt the Planning and Zoning Administrator and Assistant City Engineer 1 Recommendations as follows: i 12.1.1 Off-street parking shall be provided in accordance with ~ Section 11-2-414 of the City of Meridian Zoning and d Development Ordinance and/or as detailed in site-specific requirements. I ~' 12.1.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2- 414.D.5 of the City of Meridian Zoning and Development ~ Ordinance and in accordance with Americans with { " C Disabilities Act (ADA) requirements. f 12.1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street j parking areas. All site drainage shall be contained and disposed of on-site. 12.1.4 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 12.1.5 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW - S AND DECISION AND ORDER GRANTING CONDITIONAL j USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY I` I I T2.1.6 Applicants shall determine the normal high groundwater ~ elevation, and submit a profile of the subsurface'soil i conditions as prepared by a soil scientist with the design of site drainage plan. 12.1.7 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. ~ 12.1.8 All construction shall conform to the requirements of the ~ Americans with Disabilities Act. r 12.1.9 The conditional use permit shall be subject to review upon 4 ten days notice to the Applicant. i 12.1.10 Sanitary sewer service to the proposed site could be extended from the existing main line installed adjacent to r the north of the subject site. 12.1.11 Water service to the proposed site could be extended from the existing water main line installed in Linder Road. Applicants shall provide the Public Worlcs Department with information on anticipated fire flow and domestic water requirements for the proposed site. 12.1.12 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 12.1.13 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Applicant shall provide square footage of pavement so quantity of three-inch-caliper trees required can be determined. Applicant shall submit detailed landscape plans for review and approval during the building plan review process. ' FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY 12.1.14 Applicant shall pay particular attention to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Worlcs Department. The Public Works Department is in the process of determining detailed standards for lighting. 12.1.15 Provide and maintain minimum 20-foot-wide planting strips adjacent to all residential properties. ' 12.1.16 No use of the Union Pacific Railroad corridor is proposed, ' and none is approved with this application. Use of the ' UPRR corridor without appropriate approvals may be cause ~ for revocation of the conditional use permit. The Meridian ' ~ Comprehensive Plan calls for preservation of the UPRR ~ corridor for future pathway use. Planting strips adjacent to the railroad corridor are encouraged. 12.1..17 No signage details were submitted. Detailed signage plans shall be included as part of this application for review and approval. All signage is subject to design review approval. 12.1.18 Coordinate the location and sizing requirements of the trash enclosure with Sanitary Services, Inc. 12.1.19 Ada County Highway District's draft report indicates they ~ will only approve a single driveway access on Linder Road ' which would align with an existing driveway to the west. i Modification of the site plan will be required to reflect the r conditions of Ada County Highway District. 12.1.20 Any transfer of the conditional use permit will require a public hearing in accordance with City Ordinance. 12.1.21 Submit evidence of licensing from the Idaho Department of Health &. Welfare prior to operation of the facility. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 AND DECISION AND ORDER GRANTING CONDITIONAL ~ USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY 12.1:22 Applicant shall obtain a .Certificate of Occupancy poor to any use of the building. 12.1.23 The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. Adopt the Ada County Highway District Recommendations as follows: 12.1.24 Dedicate 48-feet of right-of--way from the centerline of ' Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way ~ from available impact fee revenues in this benefit zone, if the ~ owner submits a letter of application to the impact fee ~ administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance 188.. 12.1.25 Construct one driveway on Linder Road in alignment with the approved roadway/driveway (MSPR-14-98) on the west side of the road, located approximately 1,270 feet north of Franklin Road or approximately 220 feet south of the existing railroad tracks at the existing rail crossing. Coordinate the location of the driveway with District staff. 12.1.26. Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Linder Road. 12.1.27 Provide a recorded cross access easement for the parcel to the south to use this parcel for access to the public street. 12.1.28 Construct a 5-foot wide concr"ete sidewalk on Linder Road located 2-feet within the new right-of--way. Coordinate the a location and elevation with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8 ~ AND. DECISION AND ORDER GRANTING CONDITIONAL ~ USE PERMIT. SUBJECT TO CONDITIONS ~ WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY ~ . r 12.1.29 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 12.1.30 Other than the access point specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Adopt the Meridian Fire Department recommendations as follows: 12.1.31 Applicants shall satisfy all fire code requirements. 12.1.32 Afire sprinkler system and fire alarm system shall be installed. 12.1.33 Panic hardware shall be installed on door. 12.1.34 Afire hydrant shall be added. Adopt the Central District Health Department's Recommendations as follows: 12.1.35 The Applicant obtain written approval for the central sewage and central water prior to approval of the conditional use permit. p 12.1.36 Run-off is not to create a mosquito breeding problem. 12.1.37 Applicant shall submit plans for a child care center review. 12.1.38 Stormwater must be pretreated through a grassy swale prior to the discharge to the subsurface to prevent impact to groundwater and surface water quality. C' ~ 12.1.39 The Engineers and architects involved with the design of the ~ subject project shall obtain current best management practices for stormwater disposal and design a stormwater I i FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9 AND DECISION AND ORDER GRANTING CONDITIONAL I USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY r r management system that prevents groundwater and surface water degradation. Adopt the Nampa ~ Meridian Irrigation District Recommendations as follows: 12.1.40 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 12.1.41 Requires all laterals and wasteways be protected. 12.1.42 All municipal surface drainage shall be retained on site. 12.1.43 If any surface drainage leaves the site, the Nampa &. Meridian Irrigation District must review drainage plans. 12.1.44 The developer must comply with Idaho Code 31-3805. - 13. The proposed uses within the subject application will be harmonious with and' in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance. ~- 14. The uses proposed within the subject application will be subject to the conditions set forth in finding of fact no. 12 and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended i ~ character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or I disturbing to existing or future neighboring uses. a ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10 ~ AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY r • 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 18. The uses proposed within the subject application will not involve uses, activities. processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 19.: Sufficient off-street parking for the property and the proposed uses of the property will be provided. 20. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW ` 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the FINDINGS OF,FACT AND CONCLUSIONS OF LAW - 11 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY powers required and authorized under the "Act" except the power to adopt.ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to 4 Idaho Code Section 67-6504 which the City Council of the City of Meridian has s f r ~ established by.the passage of the "City of Meridian Zoning and Development t.. Ordinance" at Title XI, Chapter 1, Municipal Code of the.City of Meridian.. 3. As part of a zoning ordinance the City Council can, subject to hearing Y and notice provision required, provide for`the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions. of the ordinance which the City of Meridian has done in the adoption of, its zoning ordinances. 4. The City Council has the duty and `responsibility to review the facts and s ,. g circumstances of each application for conditional use permit to determine prior to granting the same that the evidential showing supports the finding.that the following A ~ standards are met and that the proposed development: (Section. 11-2-418,. City of Meridian Zoning and Development Ord.): ~ ~ t a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious~with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY • the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Will not create excessive additional requirements at public cost for public facilities and- services and will not be detrimental to the economic welfare of~the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a Limited Office District (L- O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13 AND.DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY • in accordance with the provisions of Section 11-2-418E City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior, to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures, of this Ordinance. Provided, however, that aConditional Use applications for land in Old Town and in Industrial and Commercial Districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission and after the recommendation of the Commission is made the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 11-2-418(f), City of Meridian Zoning and Development Ordinance.) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: Idaho Code § 67-6512 provides in part that: FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY • (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a conditional use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a conditional use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; S) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service.. delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: Having made the afore stated Decision and Order, the City of Meridian City Council does hereby Order and this does Order that the above named applicant is granted the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: 1.1 Off-street parking shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning and Development Ordinance and/or as~detailed in site-specific requirements. 1.2 Paving. and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY f 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off:street parking areas. All site drainage shall be contained and disposed of on-site. 1.4 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas acid in accordance with City Ordinance Section 11-2-14.D.3. 1.5 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 1.6 Applicants shall determine the normal high groundwater elevation, and submit a profile: of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 1.7 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 1.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.9 The conditional use permit shall be subject to review upon ten days notice to the,Applicant. 1.10 Sanitary sewer service to the proposed site .could be extended from the existing main line installed adjacent to the north of the subject site. 1.11 Water service to the proposed site could be extended from the existing water main line installed in Linder Road. Applicants shall provide the Public Works Department with information on anticipated fire flow and domestic water. requirements for the proposed site. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 17 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY 1.12 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 1.13 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Applicant shall provide square footage of pavement so quantity of three-inch-caliper trees required can be determined. Applicant shall submit detailed landscape plans for review and approval during the building plan review process. 1.14 Applicant shall pay particular attention to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Worlcs Department. The Public Works Department is in the process of determining detailed standards for lighting. 1.15 Provide and maintain minimum 20-foot-wide planting strips adjacent to all residential properties. 1.16 No use of the Union Pacific Railroad corridor is proposed, and none is approved with this application. Use of the UPRR corridor without appropriate approvals may be cause for revocation of the conditional use permit. The Meridian Comprehensive Plan calls for preservation of the UPRR corridor for future pathway use. Planting strips adjacent to the railroad corridor are encouraged. 1.17 No signage details were submitted. Detailed signage plans shall be included as part of this application for review and approval. All signage is subject to design review approval. 1.18 Coordinate the. location and sizing requirements of the trash enclosure with Sanitary Services, Inc. 1.19 Ada County Highway District's draft report indicates they will only approve a single driveway access on Linder Road which would align with an existing driveway to the west. Modification of the site plan FINDINGS OF FACT AND CONCLUSIONS OF LAW - 18 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY will be required to reflect the conditions of Ada County Highway District. 1.20 Any transfer of the conditional use permit will require a public hearing in accordance with City Ordinance. 1.21 Submit evidence of licensing from the Idaho Department of Health & Welfare prior to operation of the facility. 1.22 Applicant shall obtain a Certificate of Occupancy prior to any use of the building. 1.23 The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 1.24 Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance 188. 1.25 Construct one driveway on Linder Road in alignment with the approved roadway/driveway (MSPR-14-98) on the west side of the road, located approximately 1,270 feet north of Franklin Road or approximately 220 feet south of the existing railroad tracks at the existing rail crossing. Coordinate the location of the driveway with District staff. 1.26 Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Linder Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY 1.27 Provide a recorded cross access easement for the parcel to the south to use this parcel for access to the public street. 1.28 Construct a 5-foot wide concrete sidewalk on Linder Road located 2-feet within the new right-of--way. Coordinate the location and elevation with District staff. 1.29 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 1.30 Other than the access point specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. 1.31 Applicants shall satisfy all fire code requirements. 1.32 Afire sprinkler system and fire alarm system shall be installed. 1.33 Panic hardware shall be installed on door. 1.34 Afire hydrant shall be added. 1.35 The Applicant obtain written approval for the central sewage and central water prior to approval of the conditional use permit. 1.36 Run-off is not to create a mosquito breeding problem. 1.37 Applicant shall submit plans for a child care center review. 1.38 stormwater must be pretreated through a grassy swale prior to the discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.39 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 20 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY C~ r 1.40 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 1.41 Requires all laterals and wasteways be protected. - 1.42 All municipal surface drainage shall be retained on site. 1.43 If any surface drainage leaves the .site, the Nampa &. Meridian Irrigation District must review drainage plans. 1.44 The developer must comply with Idaho Code 31-3805. 2. The conditions shall be reviewable by the Council pursuant to Section 11- 2-418(I<) of the City of Meridian Planning and Zoning Ordinance. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision; which shall be signed by the Mayor and City Clerlc and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 21 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial. of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on C7~,~..e- ~~1999. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BENTLEY COUNCILMAN BIRD COUNCILMAN ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~ j-~~ ~~ VOTED ~~/P _ VOTED VOTED l ~ VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - 22 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Worl~s Department. \~,,i,~~~~~tt t„tt nt~a ~r7r,il~~,',o~i `i 'f BY~ Dated: ~ ~~ ~ C?~ ¢ City Clerlc ~p ~ $~~ p~ ,~ msg\Z:\Worlc\M\Meridian 15360M\Lawrence Day Care\CUPDecOrd %.9Q~~~fT 1~r'(. ~ may` FINDINGS OF FACT AND CONCLUSIONS OF LAW - 23 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS WENDELL AND KATHLEEN LAWRENCE /CHILD CARE FACILITY BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) WENDELL AND KATHLEEN LAWRENCE, ) FOR A CONDITIONAL USE PERMIT FORA ) CHILD CARE FACILITY LICENSED FOR 50 ) CHILDREN LOCATED AT CINDER ROAD, ) SOUTH OF PINE STREET, NORTH OF HWY. ) 30 AND FRANKLIN ROAD, MERIDIAN, ) IDAHO' ) CASE NO. CUP-98-102 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter having come before the City Council on April 20, 1999, at then Meridian City Hall, 33 East Idaho, Meridian, Idaho, and Brad Hawkins-Clark having appeared on behalf of the Planning and Zoning Department, and Kathleen Lawrence having appeared and testified, and Jerry Randolph appeared and testified in opposition of the application with concerns overthe devaluing of his property due to noise of the children, additional traffic, and that the covenants of Hepper's Acres address that there shall be no commercial enterprises, and under the provisions of § 11-2-418 E Municipal Code of the City of Meridian for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: A Conditional Use Permit is herein granted to Wendell and Kathleen Lawrence, dba Healthy Beginnings Childcare, for the operation of a 4,800. sq. ft., 50 children child care facility upon the real property described in Exhibit "A" attached hereto and located on Linder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WENDELL AND KATHLEEN LAWRENCE / HEALTHY BEGINNINGS CHILDCARE C Road, South of Pine Street, North=of Hwy. 30 and Franklin Road, Meridian, Road, Meridian, Idaho. This permit is subject to the following terms and conditions: 1. Having made the afore stated Decision and Order, the City of Meridian City Council does hereby Order and this does Order that the above named applicant is granted the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: 1.1 Conditions requested by the City of Meridian Planning and Zoning Administrator and Assistant to City Engineer within their Memorandum dated January 8, 1999, by the Planning and Zoning Commission be required as follows: Adoptthe Planning and Zoning Administratorand Assistant City Engineer Recommendations as follows: 1.1.1 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.1.2 Paving and striping shall be in accordance with the standards ' set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on- site. 1.1.4 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WENDELL AND KATHLEEN LAWRENCE / HEALTHY BEGINNINGS CHILDCARE 1.1.5 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 1.1.6 Applicants shall determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 1.1.7 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11=9-606.8. 1.1.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.1.9 The conditional use permit shall be subject to review .upon ten days notice to the Applicant. 1.1.10 Sanitary sewer service to the proposed site could be extended from the existing main line installed adjacent to the north of the subject site. 1.1.11 Water service to the proposed site could be extended from the existing water main line installed in Linder Road. Applicants shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 1.1.12 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 1.1.13 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Applicant shall provide square footage of pavement so quantity of three-inch-caliper trees required can be determined. Applicant shalF submit detailed landscape plans for review and approval during the building plan review process. ORDER OF CONDITIONAL APPROVAL 3 OF CONDITIONAL USE PERMIT WENDELL AND KATHLEEN LAWRENCE / HEALTHY BEGINNINGS CHILDCARE • • ~~ 1.1.14 Applicant shall pay particular attention to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 1.1.15 Provide and maintain minimum 20-foot-wide planting strips adjacent to all residential properties. 1.1.16 No use of the Union Pacific Railroad corridor is proposed, and none is approved with this application. Use of the UPRR corridor without appropriate approvals may be cause for revocation of the conditional use permit. The Meridian Comprehensive Plan calls for preservation of the UPRR corridor for future pathway use. Planting strips adjacent to the railroad corridor are encouraged. 1.1.17 No signage details were- submitted. Detailed signage plans shall be included as part of this application for review and approval. All signage is subject to design review approval. 1.1.18 Coordinate the location and sizing requirements of the trash enclosure with Sanitary Services, Inc. 1.1.19 Ada County Highway District's draft report indicates they will only approve a single driveway access on Linder Road which would align with an existing driveway to the west. Modification of the site plan will be required to reflect the conditions of Ada County Highway District. 1.1.20 Any transfer of the conditional use permit will require a public hearing in accordance with City Ordinance. 1.1.21 Submit evidence of licensing from the Idaho Department of Health & Welfare prior to operation of the facility. 1.1.22 Applicant shall obtain a Certificate of Occupancy prior to any use of the building. ORDER OF CONDITIONAL APPROVAL 4 OF CONDITIONAL USE PERMIT WENDELL AND KATHLEEN LAWRENCE / HEALTHY BEGINNINGS CHILDCARE 1.1.23 The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. Adopt the Ada County Highway District Recommendations as follows: 1.1.24 Dedicate 48-feet of right-of--way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of--way dedicated as' an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance 188. 1.1.25 Construct one driveway on Linder Road in alignment with the approved roadway/driveway (MSPR-14-98) on the west side of the road, located approximately 1,270 feet north of Franklin Road or approximately 220 feet south of the existing railroad tracks at the existing rail crossing. Coordinate the location of the driveway with District staff. 1.1.26 Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Linder Road. '1.1.27 Provide a recorded cross access easement for the parcel to the south to use this parcel for access to the public street. 1.1.28 Construct a °5-foot wide concrete sidewalk on Linder Road located 2-feet within the new right-of--way. Coordinate the location and elevation with District staff. 1.1.29 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 1.1.30 Other than the access point specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WENDELL AND KATHLEEN LAWRENCE / HEALTHY BEGINNINGS CHILDCARE 5 Adopt the Meridian Fire Department recommendations as follows: 1.1.31 Applicants shall satisfy. all fire code requirements. 1.1.32 Afire sprinkler system and fire alarm .system shall be installed. 1.1.33 Panic hardware shall be installed on door. 1.1.34 Afire hydrant shall be added. Adopt the Central District Health Department's Recommendations as follows: 1.1.35 The Applicant obtain written approval for the central sewage and central water prior to approval of the conditional use permit. 1.1.36 Run-off is not to create a mosquito breeding problem. 1.1.37 Applicant shall submit plans for a child care center review. 1.1.38 stormwater must be pretreated through a grassy swale prior to the discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.1.39 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1.1.40 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 1.1.41 Requires all laterals and wasteways be protected. 1.1.42 All municipal surface drainage shall be retained on site. 1.1.43 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. ORDER OF CONDITIONAL APPROVAL 6 OF CONDITIONAL USE PERMIT WENDELL AND KATHLEEN LAWRENCE / HEALTHY BEGINNINGS- CHILDCARE 1.1.44 The developer must comply with Idaho Code 31-3805. 2. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. "' By action of the City Council at its regular meeting held on ~ ~ f ~~`; 1999. By: BEST D. CORRIE or, City of Meridian r Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By~ Dated: ~ ~~ y Clerk msg\Z:\Work\M\Meridian 15360M\Lawrence Day Care\Order ORDER OF .CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WENDELL AND KATHLEEN LAWRENCE / HEALTHY BEGINNINGS CHILDCARE ~~ ~ ~~ .9 1 ~ „°. ~ ~. 'A`'~l~d ~,dtiN1~```````~ ~.-~„ • • Meridian City Council Meeting June 1, 1999 Page 2 Come: Motion made and second that we approve.Ordinance #814 with suspension ofi rules. Any further discussion? ROLL CALL VOTE: ANDERSON,`YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 2. TABLED: ORDINANCE # --ADD ASSISTANT FIRE CHIEF: Cowie: The attorneys have asked us they haven't got the ordinance quite written up yet and if the Council would consider tabling that to the 15~' of June of 1999: Bentley: So moved. Bird: Second. Cowie: Motion made and second that we table Ordinance -Add Assistant Fire Chief until 6/15/99:. Any,further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 3 TABLED 51'! 8/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY= LICENSED FOR 50 CHILDREN BY KATHLEEN ~ WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON CINDER ROAD: Cowie: Gentlemen, I'm going to put that one down. We need to table this because we need to dothe-ordinance and the development agreement first. It -has to be have the ordinance posted for a length of time, so I'll go to item number five which is the ordinance number of the annexation and zoning for Kathleen and Wendell Lawrence. Mr. Berg, what ordinance wi{I that one be? Berg: Excuse me, Mr. Mayor, what item are we on? Cowie: Number five, it's Ordinance number annexation and zoning far Kathleen and Wendell Lawrence. Berg: We're not going to approve the development agreement first? Cowie: I'm sorry. We have to go to four. You're right; I'm sorry. My mistake. I'm too fast. Meridian City Council Meeting June 1, 1999 Page 3 4. DEVELOPMENT AGREEMENT FOR KATHLEEN 8~ WENDELL LAWRENCE: Cowie: Has that been signed, Mr. Clerk? Berg: Yes, I believe it has. I'm just looking to make sure. Yes, Wendell and Kathleen Lawrence have signed the development agreement. Cowie: And they are the property owners now; is that correct? Berg: That's correct, they are the property owners. Cowie: 1'll entertain a motion on the development agreement for Kathleen and Wendell Lawrence. Bentley: Mr. Mayor I move we approve the development agreement for Kathleen and Wendell Lawrence. Bird: Second. Corrie: Motion made and second that we approve the development agreement for Kathleen and Wendell Lawrence. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 5. ORDINANCE#827 -ANNEXATION AND ZONING FOR KATHLEEN & WENDELL LAWRENCE: Corrie: The ordinance number would be? Berg: Yes, Mr. Mayor, Ordinance #827. (ORDINANCE #827 WAS READ BY TITLE ONLY) Corrie: You heard the reading of Ordinance #827. Is there anyone from the audience who would Pike to have Ordinance #827 read in its entirety? I'll entertain a motion on Ordinance #827. Rountree: Mr. Mayor 1 move that we approve the annexation and zoning ordinance #827 for Kathleen and Wendell Lawrence, authorize the Mayor to sign and the Clerk to attest with suspension of rules. Anderson: Second. ~:r ~ ~ Meridian City Council Meeting June 1, 1999 Page 4 Corrie: Motion made and second that accept ordinance #817 annexation and zoning for Kathleen and Wendell Lawrence with suspension of rules. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. Rountree: Mr. Mayor, shouldn't we extend the tabling of item number three to a date certain? Corrie: Yes, until the 15t" is what the - I believe, Steve is that correct on that one? The 15t" of June? Rutherford: Yes. Corrie: Okay. Rountree: Mr. Mayor I would move that we continue item number three conditional use permit for childcare facility for 50 children to June 15~'. Bentley: Second. Corrie: Motion is made and second that we continue the tabling of the Findings of Fact and Conclusions of Law for the conditional use permit until the 15"' of June, 1999. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 9.838 ACRES FROM R-8 WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS FOR PROPOSED TREMONT PLACE SUBDIVISION BY LUNA VISTA, INC.-BROADWAY & 8T" STREET (725 W. 8T"): Stiles: Mr. Mayor, I would like to request a couple of changes to the conditions. On page 10, under 2.1 B that the word, "required" be changed to "allowed" in case something happens and some other development comes up that they at least be able to meet the R-8 requirements. Also on page 11, under 2.6 that the applicant shall not pipe the Nine Mile Drain, and shall provide a multiple use pathway along the drain as represented in public hearings. I believe that was the intent of the Planning and Zoning MERIDIAN CITY COUNCIL MEETING: JUNE 1, 1999 ~~ APPLICANT: KATHLEEN AND WENDELL LAWRENCE AGENDA ITEM NUMBER: 3 REQUEST: .. CONDITIONAL USE PERMIT FOR CHILDCARE FACILITY FOR 50 CHILDREN AGENCY t- COtiIMENTS„ CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED FINDINGS OF FACT AND CONCLUSIONS OF LAW. AND ORDER OF CONDITIONAL APPROVAL ~"~. ~~ l~ ~'1 ~~ ~~ All Materials presented at public meetings shall become property of the City of Meridian. • ~• Meridian City Council Meeting May 4, 1999 Page 7 Bentley: Mr. Mayor, I move we approve the Findings of Fact and Conclusions of Law and Decision and Order for the annexation and zoning of 1 acre by Kathleen and Wendell Lawrence. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the Findings of Fact and Conclusions of Law on item number ten. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 11. FINDINGS"OF FACT AND CONCLUSIONS OF LAW: REQUEST-FOR .~ CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY KATHLEEN & WENDELL LAWRENCE - SOUTH OF PINE. STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON CINDER ROAD: Corrie: This was tabled to 5/18 after above is published. Rossman: You need an ordinance on the annexation. Bird: Which we just passed wasn't it Mayor? Rossman: You passed the Findings of Fact. Bird: Now we need the Ordinance first. Corrie: We need the ordinance then we can get that. So we need to table this. Bird: Mr. Mayor I move that we table the Findings of Fact and Conclusions of Law on the request for the conditional. use permit for a childcare facility licensed for 50 children by Kathleen and Wendell Lawrence until May 18th. Will that give us time get everything taken care of? Corrie: We have to do the ordinance don't we? Rossman: That's a good question. I don't know how quickly Mr. Gigray has been turning over these ordinances but - Rountree: I don't think so. • • Meridian City Council Meeting May 4, 1999 Page 8 Bird: I don't think it is either. Let's go to June 1St on that. Corrie: Kathleen, do you understand what we're doing here? Okay, you'll get it, but we've got to do it procedure to follow the correct, okay. R$ h ntree: Mr. Mayor the record seems to indicate that we could probably do it by the Bird: We can do it by the 18tn~ Rountree: We have some preliminary stuff here in the Clerk's file that would indicate that we could probably roll - Bird: Okay, I change it to the 18tH then. Corrie: You can pass the ordinance but you have to have two weeks to publish it before it becomes an ordinance. Berg: Mr. Mayor that's correct, yes but I believe we can pass the ordinance next meeting. What I'm waiting on is a signed development agreement. Bird: Wait a minute. Then how can we go with a conditional use permit then? Berg: Wetl aren't we talking about the. annexation and zoning ordinance? Bentley: No, we're talking about the conditional use permit. Berg: No, you're tabling it - Corrie: Wait a minute. We approved the Findings of Fact and Conclusions of Law for the annexation and zoning and the Decision and Order. Bird: We've got a letter here from Mr. Gigray here somewhere in one of these packets that tells us why we can't do it. Rossman: You need an ordinance on the annexation and zoning and then the publishing requirements that the Mayor has identified before it becomes actually annexed and part of the city, and you really can't act on a conditional use permit until it is in fact annexed. Will is there a signed development agreement on this particular application? Bird: We can't do that until June 1St (~ t~l Meridian City Council Meeting May 4, 1999 Page 9 Corrie: Question is Will do you have the development agreement? Berg: I do have a copy excuse me Mr. Mayor and members of the Council and Counselor, I do have a copy of the development agreement from the attorney's office that is not signed.. Rossman: I think you obviously want the development agreement signed as well before any action on a conditional use (permit and before~approval of the ordinance. Bird: I think I'll stand on the June 1St if it's okay Mr. Mayor. Corrie: Have you got a copy of that development agreement? Rossman: You'll want to make sure I assume we'll have it available at the City Clerk's office and°you want to make sure that development agreement is signed before any acton`is~made on the ordinance. Lawrence: We -need to sign it? Rossman: You need to sign it and the City needs to sign it. Lawrence: Okay. Corrie: Any further discussion? Rossman: She's not the owner of the property yet? Who is the owner right now? Lawrence: We should be the owners as of May 15tH F" Rossman: If you want to sign the development agreement you're going to have to wait until you're the owners to sign it or you can get the current owner to sign it. (Inaudible) Rossman: Yeah, if you want to get the current owners to sign it, that's perfectly fine. Bird: Is June 1St going to be okay then? Corrie: Yeah, that will still give us some time. Bentley: Are we ready to vote?' \J Meridian City Council Meeting May 4, 1999 Page 10 Corrie: Any further discussion? Okay, all those in favor of the vote to table it until June 1St, say aye. MOTION CARRIED: ALL AYES. 12. PUBLIC HEARING: REGISTRATION FEES FOR NEW SUMMER RECREATION CLASSES OFFERED THROUGH MERIDIAN PARKS AND RECREATION: Corrie: At this time I'll open the public hearing and first I'll have Tom give his report and then we'll have a staff and then I'll have those for and those against and then Tom follow. Kuntz: Mayor and Council, you have before you a request to approve program fees page one and you should have a page that says revised 5/4 of 99 at the top. Page one are brand new classes that we have never offered before with the fees attached and page two are classes that we offered last summer, but have increased the fees by more than five percent. Corrie: Tom, excuse me. Do you have any extra copies of that? I'm the only one that has one. Rountree: They were in our boxes. Corrie: Were they? Bird: They weren't, mine wasn't. Anderson: We're going on the one that was revised May 4cn Kuntz: Yes, sir. So page one - is Keith ready? Page one are brand new classes for the summer and then page two are classes that were offered last summer, but we are increasing them by more than five percent, so we need to bring those before you for your approval. I have Eli Roberts, our recreation superintendent, here tonight in case there are specific questions that need to be addressed. Corrie: Staff comments? Okay, this is a public hearing. Anybody would like to testify in favor. of the new summer recreation classes? Hearing none, is there anyone who wants to testify opposing? Since we have no for's and no againsts, I will ask the Council to close the public hearing. Bird: Mr. Mayor I move that we close the public hearing. s_ La - w.F A • ~iY e'. MERIDIAN CITY COUNCIL MEETING: APRIL 20, 1999 APPLICANT: KATHLEEN 8~ WENDELL LAWRENCE AGENDA ITEM NUMBER: 25. REQUEST: CONDITIONAL USE PERMIT FOR CHILD CARE- FACILITY LICENSE FOR 50 CHILDREN AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: SEE ATTACHED STAFF COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED STAFF COMMENTS CITY ATTORNEY: SEE ATTACHED RECOMMENDATION CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: CITY BUILDING DEPT: SEE ATTACHED COMMENTS CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: .. _ Jv' IDAHO POWER: US WEST: ,~ INTERMOUNTAIN GAS: G~~ BUREAU OF RECLAMATION: OTHER: All Materials presented at publ~icp meetings shall become property of the City of Meridian. ~~ ~ a C~-eQ ~~` ~W~~Ce.~ MERIDIAN PLANN~ AND ZONING COMMISSION • MARCH 9, 1999 PAGE 4 MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 2: CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 1 ACRE BY KATHLEEN &WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON CINDER ROAD: ITEM NO. 3: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY KATHLEEN &WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON CINDER ROAD: MacCoy: Staff? Stiles: Chairman MacCoy, commissioners, this was continued last time because it came up that the applicant was also the owner of the adjacent property and we asked them to explore also annexing that piece at the same time. When we learned some of what they want to do with that property such as wanting to run another day care facility out of that as a home, staff reconsidered and thought it would probably be better to do-consider all of those residential properties on the east side at one time and do a little more research into what might be an appropriate zoning, considering its industrial use across the street. So we could continue, I don't know if the applicant is here. I don't believe there was any additional testimony that they were asked for as far as providing additional information. They are going to need to revise their site plan to comply with Ada County Highway District's conditions, but we had no major outstanding issues on the application as presented. MacCoy: Thank you, Bruce do you have anything? Freckleton: Chairman MacCoy, nothing to add. MacCoy: Okay thank you. Is the applicant here by the way? It doesn't look like it. Commissioners what is your desire? Borup: Just a clarification, from what Shari said, the application last time was just for the one lot, is that correct? We continued it to look-so at this point it is premature to look at annexing the other lots, so you feel we could proceed ahead with the original application? Stiles: Yes, that would be my recommendation. MERIDIAN PLANNI~AND ZONING COMMISSION • MARCH 9, 1999 PAGE 5 Borup:. That was-I think that was true, there wasn't any real issues on the original application, it was just looking at combining their other lot where they are going to be living in with this annexation, wasn't it? .MacCoy: That's what you said wasn't it Shari? Borup: So at this point it sounds like the only issue was a revised site plan showing a single entry, I believe? De Weerd: Yes. Borup: She didn't mention that, but that's what we had from before, they just needed a single driveway entrance into the property. MacCoy: Is the applicant here? We are on item no. 2 right now on the public hearing for Kathleen and Wendell Lawrence. Then we will open the pubic hearing, which is a continuation of the public hearing, actually. KATHLEEN LAWRENCE. K. Lawrence: Last time when we left off, we had-Shari had suggested that we annex the other lot, not the one that we are wanting to build the daycare on. Since then, we have had a neighborhood meeting and the neighbors have expressed their displeasurement with having that lot with the home on it annexed. So we went ahead and submitted the application as is. That's as far as I know anything new from last time. Thank you. MacCoy: Any questions of her before she leaves? De Weerd: Just that the only change that was discussed was having only one entrance in, the entrance and exit would just be one, instead of two. K. Lawrence: Right. MacCoy: Anything else from the commissioners? Okay, thank you. Is there anyone here who would like to speak in favor of this applicant? If not, is anyone on the other side of the fence who would like to speak against the applicant? Okay, we have one. PAM KANTOLA, 988 W PINE AVENUE. Kantola: Unfortunately that is my second home in the next couple of years we will be moving out of Alaska on a permanent basis and become a resident of Idaho. I do have some questions, I know that when we purchased the property back in 1996, one of the reasons why we purchased it was because it was an old MERIDIAN PLANNI~AND ZONING COMMISSION MARCH 9, 1999 PAGE 6 neighborhood, we figured we wouldn't have to put up with any building noises and such, everything was pretty well set in the neighborhood right there. I don't understand-she said they had a meeting for the homeowners in the area, I never received anything on that, so obviously I couldn't respond to that. I don't know to this point what is going on, once in a while I get a letter sent up to me up in Alaska, I don't know-I would like to probably have you run through it real quick, where we are at on this. Like I said, I live on 988 W. Pine, which is two houses from Canna Lily Estates Subdivision. I assume the land that we are talking about is across the street from me and there is a house behind that house if that makes any sense, and then there is an empty lot in their. Where exactly is her property located that-I could never find out, I've been down a couple of times, look at the maps in here and I can't figure it out. Borup: Ma'am her property is clear south of the railroad tracks. Quite away from your place on Linder, not even near Pine. Kantola: Well, maybe I'm on the wrong-maybe I'm on the wrong item, is that possible? Borup: Are you for the subdivision? Kantola: Something about that they were going to build something in there, I don't know, across from my property. All I ever get from you guys is that there is a meeting on such and such day. Berg: Do you have the notice with you? Kantola: I don't ,I've been out for about two months now. My husband said we had received it. Borup: Tremont Subdivision, does that sound familiar? Kantola: Luna Vista sounds familiar. Borup: That's later on, that's item number 11 & 12. Kantola: Sorry, thank you. MacCoy: Is there anybody else who has anything else to say about this project? SHARI WITT, 300 N CINDER. Witt: I would be two houses south of the proposed property. I spoke at the last meeting and you know opposed the annexation~of the property and did go to the meeting that they held and so did some other neighbors. The other neighbors MERIDIAN PLANNIt~AND ZONING COMMISSION MARCH 9, 1999 PAGE 7 were opposed to it, they don't want to be annexed. They are afraid that if they start it, then they are going to want to take all of us and so forth. Anyway, I'm not even sure they are here tonight and that's that, why I'm standing up at this moment, my feelings are sort of the same, but the (Inaudible) just south of us have given me a letter to bring to you and you know I can read it or just hand it over, whatever you want to do on that. The-it's a couple, and as he explained in the letter, she is in the hospital having back surgery today, so they couldn't come. MacCoy: You could give it to the City Clerk here for the record-is the letter very long? Witt: No, it's quite brief. MacCoy: Why don't you just read it and then turn it in. Witt: It's addressed to the Meridian Planning and Zoning and it's from Debbie Keller and David Burgess at 270 N. Linder. It says the subject is Wendell and Kathleen Lawrence annexation and zoning. "We are unable to attend the meeting on March 9, 1999 because Debbie Keller will be in the hospital having back surgery. We would like to express our concerns about this proposed annexation and zoning of the one acre property on Linder Road. The Hepper Acre Subdivision covenants do not allow for a childcare facility. Linder Road is a very busy road now, if they allow this childcare facility to go into business with 50 children, that is a potential 50 more cars twice a day going down Linder. If the city decides to annex all the properties, this could mean higher taxes annexation fees, city water hookups and other monthly bills. This could also mean having curbs, gutters, sidewalks, all at the homeowner's expense. As a homeowner on Linder Road, I do not want to see the Planning and Zoning Committee approve this. Thanks." They have their signatures as well as the typed in names Debbie Keller and David C. Burgess. MacCoy: Will you give it to the city clerk please? Witt:. I surely will. MacCoy: Is there any questions for the person here? Is there anything else you want to say? Witt: I don't really have anything more to say. I just know that they have told me the other neighbors are really concerned about annexation and really don't want to have that happen to our properties, because we are part of the County, not the city, even though it's kind of going up around us. You know, they aren't here, so that's kind of a mute point and so there we are. I'll go ahead and sit down. MERIDIAN PLANNI~AND ZONING COMMISSION MARCH 9, 1999 PAGE 8 MacCoy: Shari, this is an annexation on an one acre piece, that' s what the applicant requests. It does not bother any property in the area. Stiles: It does not propose any annexation, but the one lot that is adjacent to the railroad tracks. Witt: I think everyone just feels like it's the... MacCoy: The beginning. Witt: Yeah, that's their view. Stiles: It's probably likely that your property will be annexed in the not too distant future, because it is an enclave within the city, but this- annexation would have no impact on whether that happened or not. Witt: I see, thank you. MacCoy: Is there any other person who would like to make a statement or ask a question or whatever. Okay, Staff do you have anything else that you want to add at this time? All right, Commissioners? Smith: Mr. Chairman, I would like to make a motion that we close this public hearing. Borup: Second. MacCoy: All in favor? De Weerd: Mr. Chairman, did the applicant want to respond at all? K. Lawrence: I just had one question does Shari need daycare? Stiles: My brother does. K. Lawrence: There was an amendment which I mentioned before. I think that the subdivision was written up or subdivided in 1966. A couple years after that, they did amend the CC & R's to read to allow businesses, because that was something that we specifically looked into. That's all I had to add, thank you. MacCoy: All right, we've got a motion made and second. Anymore discussion? None, okay, all in favor? MOTION CARRIED: All ayes. MERIDIAN PLANNI~AND ZONING COMMISSION MARCH 9, 1999 PAGE 9 MacCoy: Is there a nay in there? No, all right three voted. Borup: Mr. Chairman, I move that we recommend approval of this request for annexation and zoning. Smith: Second. MacCoy: Any other discussion? All in favor? De Weerd: I thought to include in your motion to incorporate all comments, is that right counselor? Rossman: Yes absolutely, thank you. Borup: I would like to include all comments from staff and public hearing. MacCoy: Second involved here from Commissioner Smith, is there any other discussion? If not, all in favor? .. MOTION CARRIED: All ayes. ITEM NO. 3: CONDITIONAL USE PERMIT. MacCoy: Staff is there anything you want to say at this moment, based on the... Stiles: Nothing further. MacCoy: Is the applicant-the continued public hearing is now in action here. Is there anything you want to add at this point for this point. K: Lawrence: I do have the revised site plan with the one outlet and I can give that to the clerk if you would like. MacCoy: Yes please. Is there anything else, you don't want anything else to bring. Okay, moving on, does anybody have anything to say in favor of the (Inaudible). If not, is anyone here have anything to say in the negative side of the daycare center, back again. Okay, come on. SHARI WITT. Witt: Hi, thank you again. It isn't anything really to do with the daycare center or anything else, it's just the idea of how we keep hearing how those things were amended and everyone of us up and down the street has the covenants that talk about businesses that say none are allowed on these properties. If I was told by the County Planning and Zoning and by various people, attorney included that MERIDIAN PLANNI~AND ZONING COMMISSION MARCH 9, 1999 PAGE 10 they have not changed, that we have not changed those things, I moved in 1969 and got a copy of those covenants and there is no such amendment to my knowledge and I would just like that to be clear. The other thing is that these people are not the owners of the property, they are the prospective buyers and those are really points that keep bothering. me. MacCoy: Well the covenants take charge over-we make our rulings based on our city ordinances and then the covenants control your own area, we don't have any... Witt: But the statements being made that businesses are allowed in that neighborhood. MacCoy: One of your are going to have to bring forth the material that says... Witt: I did bring it to the last meeting, all right, if you are going to continue it or something, I can do that again. MacCoy: It's between. the parties now, we have done the thing for the state and the city. Witt: And you have approved it, correct. You have approved the annexation of the lot. MacCoy: Yes, based on the law we have. Now the annexation rights and anything else about a business having to do with that is within the rule of the community that you live in. You have rules and regulations that you have to sort that stuff out. We don't have a control over that type of thing. Witt: I understand. You know we are trying to feel our way along (Inaudible). Rossman: Ma'am this commission decides these applications based upon the Meridian City Ordinance, if there are covenants that would restrict this type of business, the covenants would provide for an enforcement mechanism. This commission has no ability to enforce covenants, that is a private matter. So you would have to refer to your covenants with regard to any enforcement provisions in there. Witt: I see, thank you. MacCoy: Having gone through everybody, anybody else here who has anything else to say? All right, commissioners would you like to do? De Weerd: I move that we close the public hearing. MERIDIAN PLANNI~AND ZONING COMMISSION MARCH 9, 1999 PAGE 11 Smith: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: I need a motion now. De Weerd: Yes, I would move that we approve the-or recommend approval for the conditional use permit for Kathleen and Wendell Lawrence with all the staff comments and ACHD comments to be included. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 4: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SHERBROOKE HOLLOWS SUBDIVISION N0.4 (5 SINGLE FAMILY BUILDING LOTS ON 3.98 ACRES) BY GEM PARK II-NORTH OF VICTORY RD., EAST OF LOCUST GROVE RD.: MacCoy: We have a letter in our file given by the applicant to ask that this be moved to another meeting. Commissioners give me a motion. De Weerd: Mr. Chairman, I move that we continue the public hearing for Sherbrooke Hollows Subdivision #4 to April 13tH Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. S: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR MULTI-BUILDING COMMERCIAL & OFFICE INCLUDING BANK FACILITY WITH DRIVE-THRU (TREASURE VALLEY BUSINESS CENTER) BY CLARK DEVELOPMENT-SOUTHWEST CORNER OF EAGLE RD. & FAIRVIEW AVE: MacCoy: Again, we have a letter in the file given to us by Mr. Clark the applicant requesting it moved to another date. I need a motion. HUB OF TREASURE V . Mayor ALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN czos>8s4-4264 CHARLES ROUNTREE 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) ~E PLANNING AND ZONING KEITH BIRD N1/; (J ~~ ~~ DEPARTMENT (208) 884-5533 JAN 0 $ 1999 MEMORANDUM• City of Meridian City Clerk Office Janu 8 1999 ~' ' To: Planning & Zoning Commission, Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator ~~ Re: Request for Annexation & Zoning to L-O of 2.47 Acres with a Conditional Use Permit for a Child Care Facility for 50 Children by Wendell & Kathleen Lawrence We have reviewed .this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING 1. The legal description for annexation included in the application appears to describe the subject site and '/2 of the adjacent rights-of--way of the Union Pacific Railroad and North Linder Road. 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown. on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 4. The Meridian Comprehensive Plan shows a designation of existing urban for this property. This request appears to be consistent with the goals and policies of the Meridian Comprehensive Plan. A development agreement is required as a condition of annexation. AZ-98-102, CUP-98-102 Lawrence.AZ.CUP • • P&Z Commission/Mayor & Council January 8, 1999 Page 2 GENERAL COMMENTS Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D:4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 6. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 7. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. 9. The conditional use permit shall be subject to review upon ten days notice to the Applicant. SITE SPECIFIC COMMENTS: 1. Sanitary sewer service to the proposed site could be extended from the existing main line installed adjacent to the north of the subject site. 2. Water service to the proposed site could be extended from the existing water main line installed in Linder Road. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 3. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. AZ-98-102, CUP-98-102 Lawrence.AZ.CUP • • P&Z Commission/Mayor & Council January 8, 1999 Page 3 4: A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Please provide square footage of pavement so quantity ofthree-inch-caliper trees required can be determined. Submit detailed landscape plans for. review and approval during the building plan review process. 5. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determuung detailed standards for lighting. 6. A minimum 20-foot-wide landscape setback beyond required right-of--way on Linder Road should be made a condition of annexation. The setbacks shown exceed this requirement. 7. Provide and maintain minimum 20-foot-wide planting strips adjacent to all residential properties. 8. No use of the Union Pacific Railroad corridor is proposed, and none is approved with this application. Use of the UPRR corridor without appropriate approvals may be cause for revocation of the conditional use permit. The Meridian Comprehensive Plan calls for preservation of the UPRR corridor for future pathway use. Planting strips adjacent to the railroad corridor are encouraged. 9. No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. All signage is subject to design review approval. 10. Coordinate the location and sizing requirements of the trash enclosure with Sanitary Services, Inc. 11. Ada County Highway District's draft report indicates they will only approve a single driveway access on Linder Road which would align with " an existing driveway to the west. Modification of the site plan will be required to reflect the conditions of Ada County Highway District. 12. Any transfer of the conditional use permit will require a public hearing in accordance with City Ordinance. 13. Submit evidence of licensing from the Idaho Department of Health & Welfare prior to operation of the facility. 14. Applicant is to obtain a Certificate of Occupancy prior to any use of the building. AZ-98-102, CUP-98-102 Lawrence.AZ.CUP • • P&Z Commission/Mayor & Council January 8, 1999 Page 4 15. The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. AZ-98-102, CUP-98-102 Lawrence.AZ.CUP ~~ ~ ~ . K u > ~ ~ ~ ~ a ~ ' F BEFORE THE PLANNING AND ZONING COMMISSION ' IN THEE MATTER- OF THE ) Case, No. CUP-98-102 REQUEST- FOR CONDITIONAL ) USE PERMIT FOR' S0 CHILD ) RECOMMENDATION TO CITY CHILD CARE ..FACILITY by ) .COUNCIL KATHLEEN AND WEIVDELL ) - ~i;. a LAWRENCE ) :~ F a ' w INTRODUCTION 1. The property is located on Linder Road, South of Pine Street, North of Hwy. 30 and Franldin Road, Meridian, Idaho. ~ • ~ °° ~` 2. The owners of record of the subject property are Woodrow and Anita Chase of 370 N. Linder, Meridian, Idaho.. 3. Applicants are Wendell `and Kathleen Lawrence of 889 N. Fillmore ,~• Way, Meridian, Idaho. ~ ~ ' 4. ,The subject property is currently zoned Limited Office District (L-0). The zoning district of Limited Office District (L-O) is defined within the. City of Meridian Zoning and Development Ordinance, Section 11-2-408B(7). 5. The proposed application requests a conditional use permit for the operation of a 4,800 sq.ft., 50 children child care facility. The L-O zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use"permit be obtained for most uses including. those requested by the .; , RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT - ICA,THLEEIV AND WENDELL LAWRENCE -CHILD CARE FACILITY .# a ~ an J _ .. ,. ~ r o N ~ ~, '~ ` * 'G ' Applicant..(IVleridian City Zoning and Development Ordinance, Section 11-2-409). {6 ~ ~ ~~ 6: The use.proposed within thesubject application will in fact, constitute. a , _qy 9 w conditional use as determined by City Policy. ' RECOMMENDATION 1. The Meridian, Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use A permit as' requested by the applicant, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer ,~ Recommendations as follows: 1.1. Off-street parking shall be provided in accordance with Section 11-2- m_. ` 414=of the City of Meridian Zoning and Development Ordinance and/or as detailed t in site-specific requirements... ~~ 1.2. '- 'Paving and striping shall, be in accor""dance with the standards set forth in Sections 11=2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act ,. . (ADA) requirements. w 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the Cityr Engineer (Ord.:. 55 Z, 10-1-9 l ) .for all off-street parking areas. All site drainage shall be contained and disposed, of on- site. 1.4. , Outside lighting shall be designed and placed so as not to direct ~` illuminaton~on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D:3. ~' v ~ E ' 1.5. `All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No ~. emporary signage or flashing signs will be permitted. - F 1.6. Applicants shall determine the normal- high groundwater elevation, and a RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT - I~A.THLEEN AND WENDELL LAWRENCE -CHILD CARE FACILITY k. ~ w E ~. n. ~ 3 ' .. ,. .. a { submit a profile of the subsurface soil conditions as prepared by a soih scientist with ~ ~ ' the design of site drainage plan. ~ _ ~h 1.7. Applicants shall provide- five-foot-wide sidewalks in accordance with City 5 Ordinance Section 11-9-606.B. ' 1.8. All construction shall conform to the requirements of the Americans with Disabilities Act. ., -~. r ., 1.9. The conditional use permit shall be subject to .review upon ten days ~° z notice to the Applicant. i ~ 1.10. Sanitary sewer` service to the proposed site could. be extended from the existing main line installed adjacent to the north of the subject site. 1.1' 1. Water service.to the proposed,-site could be extended from the existing water main line installed in Linder Road. Applicants shall provide the. Public Worlcs 4 Department with information on anticipated fire flow and domestic water requirements for the proposed site. 1.12: Assessment fees for water. and sewer service are. determined during the ' building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 1.13. A minimum of one three-inch caliper tree~is required for every 1,500 square feet of.pavement. Applicant shall. provide square footage of pavement so quantity of three-inch=caliper trees required can be determined. Applicant shall g submit detailed landscape plans for review and.approval during the building plan F review process. ' 1.14. Applicant shall pay particular attention to lighting`plans to ensure that F > lights do not cause glare or impact adjacent residential properties or the traveling a public, as determined by the Meridian Public Works Department. The Public Works , Department is in the process of determining detailed standards for lighting. ~. 1.15. Provide and maintain minimum 20-foot-wide planting strips adjacent to all residential properties. j 1.16. No use of the Union Pacific Railroad corridor is proposed, and: none is `approved with this application. Use of the UPRR corridor without appropriate 'RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT KATHLEEN AND WENDELL LAWRENCE -CHILD CARE FACILITY ` x • c e ._ ,. .. a ~ ., • a. ` m. ~ .a ° a ~ xapprovals may be cause for revocation of the conditional use • permit. The Meridian Comprehensive Plan calls for preservation of the' UPRR~ corridor for "future pathway use. Planting.strips"adjacent to-the railroad corridor are encouraged. * 1.17. No signage details were. submitted. Detailed signage plans shall be included as part. of this ..application for review and, approval. All signage is subject to design review. approval. ~ '"~ ' ~, 1.18. Coordinate the location and .sizing requirements. of the trash enclosure • `with Sanitary Services, Inc. 1.19. Ada County- Highway District's draft report indicates they will only approve a single driveway access on Linder Road which would align with. an existing ~: driveway ,to'the west. Modification of the site plan will be required to' reflect the conditions of Ada County Highway District. - I.20. Any transfer of the conditional use permit will require a public hearing in -~ accordance-with City Ordinance. ' i .21. Submit evidence of licensing from the Idaho Department of .Health & " Welfare prior to operation of the facility. ° 4 {~ '1.22. Applicant shall obtain a Certificate of Occupancy.prior to any use of~the building. 1.23. The P&Z Commission and Council may prescribe appropriate conditions, bonds.and safeguards in accordance,with.Ordinance.Section~ 11-2-418. Adopt the Ada County Highway District Recommendations as follows: 1.24. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means' of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit `zone, if `the "owner submits a letter of application to the impact fee administrator prior 'to breaking ground,, in, accordance with Section 15 of ACHD Ordinance 188. ' 1.25. Construct one driveway on"Linder Road in alignment with the approved roadway/driveway' (MSPR-14-98) on the west side of the,road, located approximately ® ~ y " RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT - I~A,THLEEN AND WENDELL LAWRENCE -CHILD CARE FACILITY ' .M ... '~ ,. f... ., .~ -. i ~- R `~ . - _. v ~. a - ~ ~. ~ , 1,270 feet north of Frarildin Road or approximately 220. feet south of the existing -r railroad tracks at the existing rail crossing. Coordinate the location of the driveway with District staff. }- . 1.26 Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Linder: Road. } `. X1.27. Provide a recorded cross access easement for the parcel to the south to • use this parcel- for access to the public street. ' 1.2.8. Construct a 5-foot wide concrete sidewalk on Linder Road located 2-feet within.the new right-of-way. Coordinate the location and elevation with District staff. j 1.29. In accordance with District policy, ~ stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. a _ ~ 1 ~30. Other than the access point specifically approved with this application,. direct lot or parcel access to Linder Road is` prohibited. _ • Adopt the Meridian Fire Department recommendations as follows: =.1.31. Applicants shall satisfy all fire code requirements. 1.32. Afire sprinlder system and fire alarm°system shall be installed. 1`.33. Panic hardware shall be installed,on door. il1.34. Afire hydrant shall be .added. Adopt the Central District Health Department's Recommendations as follows: ~• ~- 1.35 The Applicant obtain written approval for the central sewage and central water prior to approval of the conditional. use permit. .. ~, 1.36 Run-off is not to create a mosquito breeding problem. - 1 .37 Applicant shall submit plans for a child care center review. }: d + ~ d ;1.38. Stormwater must be pretreated through a grassy swale prior to the` . • ~ .. ~ J k RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL LJSE PERMIT - ~'~I~A,THLEEN AND WENDELL LAWRENCE -CHILD CARE FACILITY ~. • .. ~ ~ r, E, K ` ~ * ~, xF, ~ f, discharge to the subsurface to prevent- impact to' groundwater and surface water ' quality. t 1.39- The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents. groundwater and surface water `degradation.. . Adopt the Nampa & Meridian Irrigation District Recommendations`°as follows: ~;. .. 1.40 Applicant shall submit a Land Use Change/Site Development application for review prior, to final platting. r ' 1.41 yRequires all laterals and wasteways be protected. 1.42 AlT municipal surface drainage shall be retained on site. - 9 ~ o , 1.43 If any surfacedrainage leaves the site, the Nampa ~ Meridian Irrigation District must review drainage plans. a 1.44 The developer,must comply with Idaho Code 31-3805. o ey/Z:\Work\M\Meridian 15360M\Iawrence Day Care\CUP.Rec ' ~ ~ . „ ,~ s fe ~ ~ " !^ ~ . 5 RECOMMENDATION TO ;CITY COUNCIL - 6, ~. CONDITIONAL USE PERMIT - ICA.THLEEN AND WENDELL LAWRENCE -CHILD CARE FACILITY s '~~ • • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT omitMm rc CITY QF MERIDIAN ~. UB~,~gWORK P S CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 53642 ~~~~~ gs~-"`l l RON ANDERSONr Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: CUP-98-102 REQUEST: .CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED . FOR 50 CHILDREN BY: WENDELL & KATHLEEN LAWRENCE LOCATION OF PROPERTY OR PROJECT: South of Pine Street, North of Hwy 30/Franklin Road, on Linder Road _ TAMMY DE WEERD P/Z ~ MERIDIAN SCHOOL DISTRICT 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 GLENNBENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT ~OLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES 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 8~ FINAL PLAT) -INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMAR ;,~ •_~ ; °. Ma ROBERT D OR RON A KEITH BIRD HUB OF TREASURE VALLEY A Good Place t0 Live LEGAL DEPARTMENT CITY OF MERIDIAN (208)884-4264 PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (2os> ss~-2z I I Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZON-NG DEPARTMENT (208)884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5. 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER:- CUP-98-102 REQUEST: CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY: WENDELL & KATHLEEN LAWRENCE LOCATION OF PROPERTY OR PROJECT:- South of Pine Street, North of Hwy 30/Franklin Road on Linder Road _ TAMMY DE WEERD P2 MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P2 -KEITH BORUP, P2 -ROBERT CORRIE, MAYOR RON ANDERSON, C/C -CHARLIE ROUNTREE, C/C KEITH BIRD, C/C _ fNN BENTLEY, C/C __~IVATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT -FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER 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 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) j~EcErv~D DEC - 8 1998 CITY OF MERIDIAN S AL~DISTRICT HEALTH DEPAR ENT x ~ Environmental.Healtti Division Conditional Use # C'~~i IG~C~I~c Preliminary /Final../ Short Plat cal<< y_ Return to: ^ Boise ^ Eagle ^ Garden City ® Meridian ^ Kuna ^ Acz J 'D CENTRAL C •• DISTRICT ~R'HEALTH DEPARTMENT ~' Rezone # ^ I. ^ i. ^ ~3. ^° 4. ^ 5. ^ 6. ^ ~•. k © 8. ^ .9. 10. ^ Ii. 12., ® 13. 6 b ~~ I4. u t t; 1 1 1998 We Have No Objections to this Proposal. CITY OF MERIDIAN We recommend Denial of this Proposal. Specific knowledge as to the exact type of use must be provided- before vve 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 6e submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ®child care center ^ beverage establishrnent ^ grocery store p --S ohm WR-t•.21r r-Gc .C e~7T ,2e~fJil?/J'l2hG~ctTlar~s Date:/ ~ /l~ ~r~ Q T7~ C~ 'e~ Reviewed By: e CDHD 10/91 rcb, ~~,. ~~9, Review Sheet s- ~. #; CENTRAL OO DISTRICT ~ F'-~"""""'- ~ HEALTH ~ _ -- AT P ~ 3 DEPARTMENT MAIN OFFICE • 701 N. ARMSTRONG PL. • BOISE, ID 83104-0825 • (ZC8) 375.521`1 • FAX 327-8500 To preti~ent arai treat disease and disability; to promote kealthy lifestyles; and cv protect and promote the lFealtk and quality of our envirwtmerFt. ~' ~ F# ~~ ~ ~~ STORMWATER.NIA-NAGENIENT RECONIMENDATIONS~,~ rr., e~` ' • ~ ?. ~~ -z .:~ 9 ;~: F ~ ~ s ~ ~, -.1- .. , ',:-,.,r ~ off`+„• < - aa,~, e 1 1~ ~ .... ... _.m~..~,_ .. ~- F We recommend that stormwater be pretreated through a grassy Swale prior to discharge-to the~subsurface to prevent impact to groundwater and surface water; quality. The engineers and architects involved with the design of this project should obtain current b"est management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: ,; 1) State Of Idaho Catalog Of stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of w Environmental Quality, July 1997. - =~ ~~;. ' j ,~ 2) stormwater Best Management Practices Guidebook. Boise Public Works Department, January 1997. stormwater 3/98:d1y ~,. ~ a x Prepared by City Of a ~b f s_ •• .c A" and Ada Coccnties Boise Elmore Serving Valley , , , Ada /Boise County Office Ada-WIC Satellite Office Elmore County Office Valley County Office 707 N. Armsrcng PI. 1606 RoCerts 520 E. 8th Street N. 703 N. 1 st Street 9oise, ID 83704 Boise, iD 83705 Mountain Hcme. ID 83647 P.O. oox 1448 Enviro. Heelth: 327-7499 Ph. 334-3355 Enviro. Health: 587-9225 McCall. ID. 83638 Fcmily Planning: 327-7400 FAX: 334.33552P Famlly Health: 587.4407 Fh. 634-7194 Immuniza'icns: 327-7450 WIC: 587.4GG9 FAX: 634-2174 ~2 ., Sericr Nutnticn: 327-7460 _ ® FAX: 587.3521 ~rIIC 327-7488 FAX: ~ 7-8~C0 ,~,..-_ BOISE PROJECT RIGHTS - 40,000 72acsyta. & ! REcE~D DEC 1 8 1998 ORGANIZED 1904 "~~ ~~ ~~~~~ • . n • . ~• • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 Fast Idaho. Meridian, ID 83642 Re: Conditional Use Dear Commissioners: for Child Care Facility -Wendell & Kathleen Lawrence The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to sfinal platting. Contact Donna Moore at 466-7861 for further information. " All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available ~to all developments within the Nampa & Meridian Irrigation District. ~*~ ti .~ Sincerely, ~~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.•dln cc: File -Shop File - O, f~"ice r; ~,~~ _ Water Superintendent `" +µ ti.d 9~i ~' APPROXIMATE IRRIGABLE ACRES ~~ ~ ~ j RIVER FLOW RIGHTS - 23,000 -~, a;.1 BOISE PROJECT RIGHTS - 40,000 ~ R~cE~~ JAN ~ 6 1999 ~iT~ o~ NL'~~I)OL4N r~ PSG & ZaIVJNG° SUSAN S. EASTLAKE, President ~ r . _, ,;~ ~ /~~ /l~'~ GARY E. RICHARDSON; Vice President '~ ' ~ ' `' ~~ ~~ ~ ~ / SHERRY=R• flUBER, Secretary ~; .,. '' , ~ ' ~ - ''December 31, 1998 t~ ~ , TO: Wendell & Kathleen Lawrence 889 N. Fillmore Way Meridian, ID 83642 t. FROM: Karen Gallagher, Development Coordinator Planning & Development Division SUBJECT: CUP98-102/MAZ98-102 Child care facility Linder Rd n/o Franklin Rd Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on December 30, 1998. The attached staff report lists conditions of 'approval and street improvements which are required: - .._ ~ ; , "`~,. ~ ~If you have any questions, please feel free to call me at 387-6170. cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi City of Meridian Mike Fairchild r ada county highway district 318 East 37th • Boise, Idaho 83714-6418 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellusC~achd,ada,id.us AD~OUNTY HIGHWAY D~RICT Planning and Development Division Development Application Report MCUP98-102/MAZ98-102 Linder Rd n/o Franklin Rd Child care facility The applicant is requesting conditional use approval to 4,800-square foot (50-children) child care facility. The applicant is also requesting a zone change from R-1 to L-O. The 1-acre site is located on the east side of Linder Road, approximately 1,100-feet north of Franklin Road. This development is estimated to generate 250 additional (260 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. On September 23, 1998, the Commission reviewed and approved MSPR-14-98, a request to construct a 6,750-square foot commercial building. That site is located on the west side of Linder Road, approximately 1,100-feet north of Franklin Road. Roads impacted by this development: Linder Road ACHD Commission Date -December 30, 1998 - 12:00 p.m: r ,\ _J ~ - ,; ~_..:. ....,,.~., ..m.,.,m.....o.,..,. o ---~ /~ M1 n n cw ~rt.~1 ~ ^ ~ p Pwonll '~ tir ~ Wy'y.{y Uv/11111 YV V7~ .LLW 4/GJ QQ 9 >Q ~~ W~ C~ n- ~ ~ V ~~ e c ~! _ o ~ ,f~~ _ ~ ~- .~~5 = = o ~ ~ ids. _~ ~. ~ ~~~ ~~ ~~g.== ~~ Y in wy •. ~ ~ 1I ~ . ii 1 1 ~ ~~ - .i. ~+'--------_-~______________~__-_-_-~1 ' I Et F~ ~~~~~i l ~.. ~ I E4 d ., I: E t I li I ~ ~ I, ~ I i ~ i :I ' I ~' ~ ~ I ~ I I~ I 7 1 yr~ .~ f _.J~ . ~~! ~ _. i i ~ '~' t i ,~ 6 N I~ ( c 0;®~ ~ ;' i _~ I I i jC~~ is i p s ~ ,~ ~ ~ `iy ~ I ~ 4 ~~ ~ ~.~ .~, u ~I ..I I Y ;3 ., ~ i ,. i i - ~~ I I" , ~,.~ F< ~ E ~ ~ ~ ~ 5 ~ ~ 1 o I ~, ~ ~ ~ .i ~ i ~`" i r i e ~ ~ ~ ..~. _ .t a ~~.~;~~ r n..ae. .. m ~.~ ~ ........ s. a. -~ ~ ~ ~ ~ N •. • • Facts and Findings: A. General Information Owner -Wendell & Kathleen Lawrence Applicant -Same R-1 -Existing zoning L-O -Requested zoning 1 -.Acres 4,800 -Square feet of proposed building n/a -Square feet of existing building 272 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Tinder Road Minor arterial with bike lane designation Traffic count 6,862 on 8/27/97 (north of Franklin Road) 180-feet of frontage 66-feet existing right-of--way (25-feet west of section line) 96-feet required right-of--way (48-feet from section line) i Linder Road is improved with 24-feet of pavement with no curb, gutter or sidewalk. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details: C. On September 23, 1998, the Commission reviewed and approved MSPR-14-98, a.request to construct a 6,750-square foot commercial building. That site is located on the west side of Linder Road, approximately 1,100-feet north of Franklin Road. As a condition of approval, that applicant was required to construct a 24 to 30-foot wide temporary driveway with 15-foot radii pavement tapers abutting Linder Road;-located approximately 1,270-feet north of Franklin Road (measured near edge to future' face of curb). Staff and the Commission `supported the location of the proposed driveway/roadway with a variance of the required.. 220-foot offset requirement from an existing driveway to a single family dwelling on the east side of Linder Road. The intent was to have the parcel on the east side of Linder Road construct a roadway or driveway in alignment with the above mentioned public east/west roadway. The subject application is the property on the east side of the roadway as mentioned above. Staff recommends upholding the findings of the Commission's previous decision in MSPR-14-98 and require the subject applicant to construct one driveway in alignment with the approved roadway/driveway on the west side of the road, located approximately 1,270-feet north of Franklin Road or approximately 220-feet south of the existing railroad tracks at the existing rail crossing. Coordinate the location of the driveway with District staff. MCU98102.CM Page 2 • • D. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement for the parcel to the - .south to;use this parcel for access to the public streets prior to issuance of a~building permit (or other required permits). The District intends to require a similar agreement of the owner of the parcel to the south if they are the subject of a future development application.. E. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveway its full width and at least 30-feet beyond the edge of pavement of the proposed public east/west roadway. F. District policy requires the applicant to construct a 5-foot wide concrete sidewalk on Linder Road located 2-feet within the new right-of--way. Coordinate the location and elevation with District staff. G. The existing rail crossing is controlled by a STOP sign only. There are no crossing gates at this intersection with Linder Road. Staff contacted the Union Pacific Railroad to ask about the status of any improvements to the existing rail crossing. ,The railroad has not identified this crossing for a scheduled change in traffic control. H. The Ada County Highway District has also developed a list of rail crossing improvement projects. However, the ACHD list does not identify any scheduled improvements to the Linder Road crossing. Staff was asked to review the sight distance at the proposed new public street intersection with Linder Road. Sight distance was measured using the stopping sight distance as defined in the 1990 Edition version of A Policy On Geometric T)e ign of ~trPPtS and High~y~y~ American A sociation Of a e High~xJay and Transportation Officials (AASHTO). (Note: The newer 1994 Edition is noted in metric units and the Ada County Highway District has not yet converted to the newer system. Therefore, the 1990 data were used in this reference.) The AASHTO guidelines identify the stopping sight distance as viewing a 6-inch high object from a point-3.5=feet above the pavement. Using these criteria the design requires a sight distance of 150-feet. ~' Staff determined that the passing sight distance parameters are as follows: • The passing sight distance for northbound traffic is approximately 9,000 liner feet. There is an intervening traffic signal and an intervening all-way stop on Linder Road within that distance. The required sight distance is 150-feet. The observed sight distance exceeds the required sight distance. Therefore, the location of the driveway intersection with Liride"r Road is acceptable:. - • The passing sight distance for southbound traffic is approximately 6,6001iner feet. There is an intervening all-way stop on Linder Road within that distance. The required MCU98102.CM Page 3 • sight distance is 150-feet. The observed sight distance exceeds the required sight distance: Therefore, the location of the driveway intersection is acceptable. yJ~ ~- ~;In accordance with District policy; stubstreetsto the undeveloped~parcels abuttingthis site may -;~ ;be~required upon review;of a future.application-for this'site:` ~ • ~ -- K'. As required by District~policy, restrictions on the width, number and locations of driveways, may be placed on future.. development of this parcel. L. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: . <. . ~-, Site Specific Requirements:` F 1. Dedicate 48-feet ofright-of--way from the centerline of Linder Road abutting the parcel by :means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The. owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior.to breaking ground, in•accordance with Section 15 of ACHD .. ,~.:~ Ordinance #l88 ~. ~ :. - - ~ -, -~ 2. Construct one driveway on Linder Road in alignment with the approved roadway/driveway . (1VISPR-14-98) on the west`side of the road; located approximately 1;270-feet north of Franklin Road or approximately 220-feet south of the existing railroad tracks at the existing rail crossing. Coordinate the location of the driveway with District staff. 3. Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Linder Road. 4. Provide a recorded cross access easement for the parcel to the south to use this parcel for access to the public street. 5. Constntct a 5-foot wide concrete sidewalk on Linder Road located 2-feet within the new right- of-way.: Coordinate the location and elevation with District staff. 6.~ In accordance with District policy, stub streets to the .undeveloped parcels abutting this site may be required upon review: of a future application for;this site. , 7. Other than the access point specifically approved with this application,; direct lot or parcel access to Linder Road is prohibited. -- -- ~ .. f.~., .. ~ t. s <. .. ..~ ... .. .. .. - „. ,. .. .. ... .. .. ~ t .. f" .. ~- ~ - . , MCU98102.CM Page 4 • • Standard. Requirements: `+ A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. Th r .a , ~ s a specifically id n i v each requirement to he re on idered and include a yVPlttet, Pknlan ion o w v suc a requirement wo , r snl in a snbstan ial hardahip o_r ing4>~~~ The written request shall be snbmi d o the Distri . no la .r than 9.00 a:m ~ on he day scheduled for ACHn Commission act;nn Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. _~~° Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. ,After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsid r ion shall ~ecifically iden ifv each rPghirement to he rarnneirlarnrl ~ ,-1 ;«~.,..,7,.._, -- r. „~ , , ~ . ri" n do un n'a"io of data that wa no AVA;1ah1P to the !''nmmiecinn .,± ±~.,..;_..... _r-~_ ---~ inai deci ion. The request g _, , for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance: 4. All design 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 herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in MCU98102.CM Page 5 • interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant ~~:,to the law in effect at the-time the.change in use is-sought. ~ -- - - =' ~' ~,Gonclusion.of Law: _ _ ~ ..,-. ~. - - ~e~r_ ~ .. ;~ - . ~ ~ - . `;,:; 1. ~ ACHD requirements are intended to assure that'the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Si~hmittPrl y: , F ~ bate of CJommissioi~ Action: ' s fitPVP Arnold December 30, 1998 ,_ - ... r + x t ,~ . MCU98102.CM Page 6 .\-i {-, S~ - - I- ~;L ~11 -`2 ~~ s s t; ~ i ~ ~"• U 12 I I ~ 0 9 7 8 ~ l . .. ! T... ~ , .J : g r-- :: S / l~ C T. ~ ' ~ ~ `f i •' ~ ,2 ~ ~ l(`" C I z , !~ ~ ~ ^ ~ . 2 ~ ~., 2 a (/~/ Q 4V:~A s z z ~. ,, s~cc.c, .-, e ' ~ ~ 1L~AGE~1~ ,~~ ;z, ~ i ... ..~) z~.:. ~-_ (e0 t.~sC mCn t ' ' _ ' ~ y ~ I ~~~~ ~ 1 _____... _. _ ._. .._ __...-... .._.. ....... i. _.._._.__ .. .. e LL - - i ~ ~ ~ ~ - I - f I -. ~ e -=~ - R~" ' ~~_ ~ ~ ~ - ~~ ~ --- ~ 3 9 + ~ ~ is cANra-- 1~~ ` I. "' o ~ ~ _~ c .. e e i ~~ . o __ _ .. ® i` '-. 1 r ~- ~ ~ ~ ~ --___ ~ _ ~.~. , __ ~...__,~1i~~;~-~~' - ._ __ ~-~--- - - - -- ._. ~".L EC 7-R ~c /~'i~ ~3 ! SC/rv' 7* Tak c.e fr o~ G co o g C o i ~ Y ~3P S 3 ; ~ t • MERIDIAN CITY COUNCIL MEETING: MAY 4 1999 APPLICANT: KATHLEEN 8~ WENDELL LAWRENCE AGENDA ITEM NUMBER: 11 REQUEST: CONDITIONAL USE PERMIT FOR CHILD CARE FACILITY FOR 50 CHILDREN AGENCY CITY CLERK: COMMENTS 5EE ATTACHED MINUTES FROM 4/2d/99 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: lry ~~ ~~ ~,z~ IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meeting Apri120, 1999. Page 26 25. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY KATHLEEN & WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON CINDER ROAD: Corrie: I'll open the public hearing. Any comment from staff? Hawkins-Clark: Mr. Mayor just a note that again there's a separate recommendation from the Planning and Zoning Commission to the Council about halfway through the packet. There have been no further changes by staff to these recommendations from the Commission. Corrie: This is a public hearing. Kathleen, would you like to issue testimony again on this? Lawrence: Kathleen Lawrence, one thing that I did want to add Shari in the Planning and Zoning meeting had recommended that we also annex the piece that's right next to the property where the daycare is going. We had a neighborhood and the neighborhood expressed that they would like us not to, which is fine either way for us. We can do either. The reason why we would prefer to just leave it as it is because we would like to make that our residence and also that would provide some buffer for the existing residences there. Thank you. Corrie: Thank you. Anyone else from. the public who would like to issue testimony on item number 25? JERRY RANDOLPH 265 WILSON DRIVE, MOUNTAIN HOME, IDAHO Randolph: Mr. Mayor and Council members, I am Jerry Randolph at 265 Wilson Drive in Mountain Home. I own the lot just to the south of the one that they are getting here and my concern was the devaluing of my property either from the noise of the kids or the additional traffic and I don't know how -and another thing I guess that's still called Hepper's Acres and doesn't the covenants calls for no commercial enterprise there? I guess it's a unanimous consent of all the owners of the - Corrie: All depends on what the zoning. Do you know the zone of that area? Hawkins-Clark: That entire subdivision is zoned R-1 which is an Ada. County zone. This annexation of the northern most lot would be the first annexation of that subdivision to the city limits. Randolph: That was primarily what I was concerned with. Thank you. Corrie: I see, okay. Thank you. Anyone else from the public who would like to issue testimony? Hearing none, I'll entertain a motion for closing the public hearing. Bentley: So moved. Anderson: Second. • • Meridian City Council Meeting April 20, 1999 Page 27 Corrie: Motion made and second that we close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay, I'll entertain a motion to either approve, conditionally approve, deny, and also -well you guys can make that motion. Rountree: Mr. Mayor, I just had a question here for City Attorney that to make sure that the annexation description reflects the testimony that Mrs. Lawrence just gave about the annexation of the lot adjacent to them, that it not be included in that description. Gigray: Mr. Mayor, Councilman Rountree, to answer your question based on the action that you've taken in the preceding item which would be item 24, according to the information that I have in the file is that was a request for annexation and zoning of one acre and so the only action on annexation that would take place would pertain to that. There's no other pending application that I'm aware of. Rountree: Then a question, do we need a finding for a conditional use permit? Mr. Mayor, I move that we have the City Attorney prepare Findings of Fact and Conclusions of Law and Decision and Order for the requested conditional use permit for childcare facility licensing for 50 children. Bird: Second. Corrie: Motion made by Mr. - Rountree: Mr. Mayor if I might amend that. I would like to add to that motion that the conditions of Planning and Zoning be included in that. Bird: I will second that. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the request for conditional use permit and have the attorney draw up the Findings of Fact and Conclusions of Law with the conditions of the Planning and Zoning. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 26. DEPARTMENT REPORTS: •A. JANICE SMITH: REPORT Smith: Mayor and Council did everybody receive their packets in their box tonight? It has the new expenditure report, and I did a brief summary. Hopefully it would be easier to read for the general public. We'll try to get a summary on the next one on the revenue. I'd like your input on that later on as you go through it. We also are trying to do it simple every month on the summary of the City's investments. There's just the ~~: .,, I ~ ...''"~'` • WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P. A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER I At. WM. F. GIGRAY, III I D. SAMUEL ]OHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TEARENCE R. WHITE William G. Berg, Jr. , i Meridian City Clerk 33 East Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288.2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE April 30, 1999 , t RE: WENDELL AND KATHLEEN LAWRENCE / HEALTHY BEGINNINGS CHILDCARE (CUP) Dear Will: ~~~® APR 3 0 1999 City ~f ilferidian City Clerk ®ffice Pursuant to City Council action of April 20, 1999, I have prepared the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT in the application of Wendell and Kathleen Lawrence, regarding Healthy Beginnings Childcare for submission to the City Council. Please note that these Findings and Conclusions and Decision and Order should be tabled until the annexation and zoning of the property is completed, which includes publication of the annexation ordinance. I have also prepared the Order which is ready for the Mayor's signature after the City Council approves the Findings, Conclusions and Decision and Order. After the Mayor's signature has been secured, and the City Clerk's signature secured, the original should be retained by the City Clerk. Copies of the Findings of Fact and Conclusions of Law and Decision and Order Granting Conditional Use Permit Subject to Conditions and the Order of Conditional Approval of Conditional Use r. .~ - s r Permit should then be served .upon the~Applicant, the Planning and Zoning Department and the Public Works Department, as designated by the City Clerk's signature. If you need-further assistance by this office, please advise. Very truly yours, ~~ Wm. ~F. Gigray, III Enclosure msg/Z:\Work\M\Meridian ~15360M\Lawrence Day Care\Clerk ltr FFCL Order CUP.wpd 3 ~. .~ _.. ~ ~. ~. t - e .. ., 3 s:~' WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. yJusnN P. Avuwoanl •. ATTORNEYS AT LAW f JULIE ICLEIN FIJCIIER i. - wM: F. Glcanv, IH MERIDIAN OFFICE D. SAMUEL JOHNSON 1 O4 NINTH AVENUE SOUTH WIwnM A. MORROW ~• POSTOFFICE BOX 247 200 E.vT CnRLTON AVE,•uE ~. CHRI5Tl)PHER $. NYE r SUITE 31 ,~ PHILIP A. PLT[RSON NAMPA, IDAHO 8 3 653-0247 "' Post DFFICP.Box 1150 SIERIDIAN, IDAH033680-IUO ' 'STEPHEN L. PRUSS TEL. (208) 288-2499 '~ Ewc S. ROS\MAN - TEL (208) 466-9272 FAX (208) 288-2101 Tooo A. Ross'M.w F.vc (208) 4664406 R. STEPHEN RUPHERFURD TERRENCE R:WHITE` ~ ` k ~~ ~ PLEASE REPLY TO MERIDIAN OFFICE S' E-MAIL: WFGL WPPMG.COM > R~cE~EI~ April 15, 1999 APR 1@~ 1999 i - William G. Berg, Jr. ~ CITY OF 1VIERIDIAN City Clerlc° ~ { J - S Meridian City Hall s 33 East Idaho _ Meridian, Idaho 83642 - ; .. Re: GLENN JOHNSON HOMES FOR HARTFORD SUBDIVISION: 1. ANNEXATION AND ZONING K 2. PRELIMINARY PLAT a _ ,.~:~ F ...ti .,..-~~. --~- WENDELL AND KATHLEEN-LAWRENCE: ~" 1. CONDITIONAL USE P_E_RMIT ~' 2. ANNEXATION AND REZONING - Dear Will: ' Please find°enclosed the originals of the'Recommendations to the°City Council of the Planning and Zoning Commission on the above referenced applications. Please note these matters-will be `heard before the City Council on April 20, 1999. " Shari Stiles and Gary Smith have been given copies of the above Recommendations.so they can be prepared at the hearing to specifically'address the Recommendations of the Planning and Zoning Commission. - 4 ~- Verv t my yours, 4 ~ ~ ~ M m. F. Gigray, III Enclosure T ms~Z:\work\M\Nleridian 15360M\Meridian Forms\Ci[vCllconRecs ' MERIDIAN PLANNING AND ZONING MEETING: JANUARY 12, 1999 APPLICANT: KATHLEEN'8~ WENDELL LAWRENCE ITEM NUMBER: 8 REQUEST: CONDRIONAL USE PERMIT FOR ACHILDCARE FACILITY LICENSED FOR 50 CHILDREN AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~ 7v OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~~. ~ ~ a MERIDIAN PLANNING AND ZONING MEETING: MARCH 9 1999 APPLICANT: WENDELL & KATHLEEN LAWRENCE ~ ITEM NUMBER: 3 REQUEST: CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN AGENCY COMMENTS CITY CLERK: SEE ANNEXATION MINUTES FROM ITEM #2 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~v ~' r~ c ~pJ~ ~1' OTHER: All Materials presented at public meetings shall become property of the City of Meridian. PLANNING AND ZONING COMMISSION JANUARY 12, 1~ PAGE 73 could raise a motion to amend it, you address Byron's motion to amend and if approved, then you go with the motion, if denied you go back to Tammy's original motion. MacCoy: That's what I asked. Nelson: That's what Will said. (Inaudible) ITEM NO. 7: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 1 ACRE BY KATHLEEN &WENDELL LAWRENCE - SOUTH OF PINE ,STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON CINDER ROAD: ITEM NO.(~ PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY KATHLEEN & WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON CINDER ROAD: MacCoy: Items 7 & 8 are off the same subject matter, we will do the same as we did with 5 & 6. It's a public hearing on both of these, it's a request for annexation and zoning of one acre and number 8 is a request for conditional use permit. We can't do that can we? I'm in the midst of trying to go through this. Request for a conditional use permit for a child day care facility by the same individual and the same location. Looking at number seven, staff? Where is my staff, looks like everybody disserted the ship here. Stiles: I'm really all alone. MacCoy: You wait till we get with her over here. Comments on items 7 & 8, what do you see? Stiles: We have our comments, we had no particular problems with it. Ada County Highway District however in their report they are restricting them to one access that has to line up with the adjacent access across Linder Road, which the applicant is doing right now. Unknown: I got those comments on Friday, so this-there will no longer be an access right here. Stiles: Well, I don't know where the access. MacCoy: Okay let her finish her statement before we open, we haven't gotten to public hearing yet, we are still asking the staff for help here. PLANNING AND~NING COMMISSION JANUARY 12, 1 PAGE 74 Stiles: I'm not sure exactly where that driveway has to be, but the applicant will meet all requirements of Ada County Highway District, although it would be preferable to have the circle turnaround there, because of their limitations on arterials. That's not possible. Just want to emphasize that no use of the Union Pacific Railroad Corridor is proposed and none are approved. We want to preserve this for a future pathway, or light rail, some kind of use. We do need to see any signage details and review them as part of design review. That's all I have. MacCoy: Bruce do you have anything? Freckleton: I have nothing further, other than what is in the comments MacCoy: Okay, now we'll open the public hearing, the applicant is at the podium already and now will say her name for the attorney. KATHLEEN LAWRENCE, 889 N. FILLMORE WAY, MERIDIAN, ID. Lawrence: I've received ACHD's comments on Friday and didn't have a chance to get you a better revision of the plan. Basically for the parking we can scoot the building back as much as necessary to allow for more parking or more landscaping. I'm not very worried about the signage. That can be on the building out of the way. I don't think the sign is really what is going to get you the children. Do you have any questions for me? Looking at my application. Smith: I have a question. Do you and your husband just want your house back? Lawrence: I think our home will probably keep both (Inaudible). We were very successful in Crossroads, that's a little gold mine out there. Smith: So do you know, I couldn't see where you were pointing to that access drive on the-could you bring it over in front of us here and... Lawrence: I didn't want to block Shari's view. Smith: Well, I don't like to block the audiences view either, but we couldn't see. So where you've got marked across in pink is what they want you to omit? Lawrence: Yeah, that would just be blocked off, no exit. Smith: Really the only comment that I really had on your site arrangement is do you anticipate kids being dropped off or does the parent have to come inside and sign the child in. Lawrence: The parent has to come and sign. PLANNING AND NING COMMISSION JANUARY 12, 19~ PAGE 75 Smith: So there is no point in having a drop off. Lawrence: No. Smith: Okay, that was it, that's all t have. MacCoy: Mr. Borup. Borup: You made a comment about increasing the parking or setbacks or anything. I didn't see anything in the staff comments that thought that was necessary. Lawrence: Well when I had the architect draw it up, I told him you know don't take a lot of time. Draw how you think is best, we will be open to any changes. Borup: My understanding is that ACRD, you could, you don't need to block off that, you could move it to the center or anything that works for your site design. Is that correct? No that's not correct. They have to be that far away, oh have to align with the other driveway, I'm sorry. The other driveway wasn't showing on the plat. Lawrence: It's on the other side of the road. Borup: Okay I have nothing else, what else are you going to put next to a railroad track. Smith: Playing children. Borup: No, I think it's a good use for the property. Lawrence: Children like the train. Borup: Don't want residential there. Lawrence: Well it's actually a residential lot in Ada County, but they have been unable to build on it. Borup: Because no one wants to build on the tracks. De Weerd: Just out of curiosity, what is the (Inaudible) off the train that goes by there? Lawrence: As far as I can tell and I'm in Crossroads Subdivision; 3:30ish. De Weerd: In the afternoon? PLANNING AND ~NING COMMISSION JANUARY 12, 19 PAGE 76 Lawrence: Umm hmm ,that's the only one that I've noticed. There is another one that is some time at night, real late or early morning. It wakes the kids up fr-om nap. MacCoy: Any other questions? We'll wait for Mr. Nelson here. Nelson: Looks good. Lawrence: You guys are getting more pleasant as the night goes on. MacCoy: Is anyone here... Borup: No. Lawrence: (inaudible) it is, but yours is a better copy because this doesn't show the correct easement of Linder Road. MacCoy: Do we have anyone here that would like to speak in favor or for this project. No, since I see none. Is there anybody else who would like to speak on the other side of the fence for this project? SHERRY WITT, 300 N. CINDER, MERIDIAN, ID. Witt: That is two houses south of the one that they are talking about. Borup: Are you lot 4 ma'am? Witt: Yes I am, I believe that's correct. If I remember rightly. It's a residential subdivision with protective covenants and it says no business of any description shall be conducted on the above property and so forth, it has a lot of. I don't want to read you the whole thing tonight and bore you to death, but I do object, property values, but I object on behalf of the children next to the railroad track and the traffic on that road. Igo out for my paper and mail, I have to jump from the ditch-the kids used to play out in the road, but no more you know. Now it's been (Inaudible) for seventeen cars and I thought only 17 crossed the roads this morning or something. It's a two story house and it's on-I'm not sure how much acreage, a couple of acres or whatever. (inaudible) lived there for like 20 years and they are divorced and they want to sell their house. These people would like to buy it because they would like to branch out and have a daycare, which is fine, but it is-I believe you said R-4, I think is our designation or whatever. Across the road now they do have some commercial stuff, but it's a regular residential subdivision, Hepper's Acres Subdivision at this point and because of property values and things, I would like to see the protective covenants stand for something. We've lived there since 1969. So you know, I don't know exactly what else to say, but that's what, I just feel how are the people going to come and bring their children, you can't get in, you can't get out. We have to drive on PLANNING AND~NING COMMISSION JANUARY 12, 19 PAGE 77 our lawn to turn our cars around facing out in order to be able to pull out and that's waiting for lots of cars, but you can't back out anymore and they are on the same side of the road we are, because that's the only row of houses along there. MacCoy: Let me ask you a general question, do you have an association that your homes belong to, for this covenants. Witt: Pardon me? MacCoy: Do you have an association a covenant association? Witt: Well just sort of a loose one, the neighbors. We've gone to each other in other times of-and no I don't think anybody else is here tonight, but I don't know how many people are notified. I don't know if it's just that 300 foot rule or whatever, but everybody has been pretty much generally in agreement. They don't tike to see all the commercialization going in there, you know. The thing of it is, our homes-we've all just lived there for so long, you know. MacCoy: The reason I ask about an association because if you have an association you have officers, and then you have somebody who "polices" that your properties from the standpoint that they adhere to cars on a street or whatever else. Witt: Well, you wouldn't be able to put your cars on the street. (Inaudible) Witt: No, I understand what you are saying. It's looser than that.. I mean we cooperatively meet about irrigation days, and things like that. You know we have like horses on our property and stuff. MacCoy: I was just interested to see what kind of association Witt: You know, there are only six or seven houses up and down the road, that's why it hasn't been more formal, but I've gone around door to door with petitions before. Other people have come to me, the same way. It's mostly live and let live most of the-time unless there is an issue. MacCoy: Any of the commissioners have any questions of her? ' Borup: Just one, ma'am you said you were concerned about the children. It sounds like you were concerned about them playing in the street, and playing on the road. PLANNING AND~NING COMMISSION JANUARY 12, 1 PAGE 78 Witt: No, about the traffic on the road. Parents getting into the driveway and out again and the children being in a location right near the railroad tracks even though hopefully they would be fencing and that sort of thing, kids can get out. Borup: There is definitely fencing around it. Witt: Well, there is pasture fencing right now. Borup: No, I mean the new project will have fencing. Witt: I have not been privilege to see any of that. I didn't know about this. Borup: Thank you. Witt: All right, I guess I would like to say that I'm hear on behalf of myself and my husband. He had to go to Salt Lake City for his job and couldn't come with me tonight, so I came to at least let you know that we do care about our homes. MacCoy: Okay, thank you very much. Is there anyone else here who would like to make a statement? All right, do you want to come back up here to make any additional thing in mind. Lawrence: I don't have it with me, but the covenants and restrictions were amended to allow businesses into the subdivision and that was done by-I believe they had to have a certain percentage of the homeowners and it is recorded and I have all the signatures. And- then also we are not going to put the daycare in the house, the existing house. It's going to be in the empty lot that is near the railroad tracks. The existing house is going to stay as residential. Witt: You are going to build a structure? Lawrence: Right, so the existing house will be a buffer, we own that also, but we hope to make that our residence. Witt: When were these covenants amended? Lawrence: It was amended shortly after the subdivision was recorded. Witt: I was told by an attorney that that is not the case, not too long ago. De Weerd: We need the conversations to be in the microphone. Lawrence: She asked when the covenants were amended. I can't give the exact date, but I believe it was shortly after the covenants and restrictions were recorded and I can get that to you. PLANNING AND NING COMMISSION JANUARY 12, 1 PAGE 79 Rossman: Well, that issue is really not relevant for this commission. That's a civil issue between the parties. This commission is not a body to enforce covenants. MacCoy: We just asked the question do you have them and we don't get that area. De Weerd: I would have a question; across the street from your proposed development, what is across the street? Lawrence: I don't know, it's a commercial building, they got their permit I believe in September of 1998. De Weerd: So it's commercial across the street? Lawrence: Oh yeah, the zoning is commercial and then on the far side of the subdivision is also commercial. I believe that other-west of that subdivision that whole area there is light industrial with right across the street is commercial. I didn't know it was commercial until ACRD gave me the notice that they got their commercial zoning here, I think in September. Witt: May I make another statement? Can I come up again and say something? Is it all right? The thing about these covenants is that someone tried to run a business out of a rented home and within the last year and the attorney said these covenants still stand. We were never told that there was any business allowed ever and there aren't businesses there. It's commercial across the street, but it's R-4 where we live. Smith: Ma'am the plat that was submitted calls that R-1 it's a county zoning (Inaudible). Witt: That's right, we are in the county, that's right, the city is all around us, but not our particular lots and you know, these people either have bought or want to buy. f believe the person that still lives there moved in about 1970 and he still is in the house. His wife has moved out, but-and they are trying to sell their place and they would like to see the zoning changed or whatever so they can get it sold. I'm not objecting to that other than how that effects us. We live in a subdivision that is rural, but it's got these protective covenants that we were, none~of us were ever told were amended and we-the (Inaudible) had a petition within the last year to get that business out of there and it's gone. I don't know, I'm just telling you what I know. MacCoy: Thank you. Anyone else who wants to speak before we close the public hearing? PLANNING AND~NING COMMISSION JANUARY 12, 19 PAGE 80 Smith: Mr. Chairman, I would like to make a motion that we close the public hearing, on items 7 & 8. Borup: Second. MacCoy: Is seconded by Commissioner Borup? Any discussion? De Weerd: Does staff have anymore comments before we close the public hearing? Borup: We can talk to them even after it's closed. MacCoy: They were shaking their heads. Stiles: I just had one comment, I would like to ask the applicant-I noticed that the option is for lots 1 & 2. Would you have an objection-unless you have to start completely over again to annex the whole two lots: Lawrence: My husband would love that. The reason why we did not do that is because I wanted to keep that other lot R-1 to provide a buffer to the existing homes that are there. I thought that would be more considerate of the other-for them, just for their piece of mind to know that was still R-1, we couldn't go in there and start a booming business. Stiles: Well that is probably reasonable for the protection of the neighbors. The city would mostly be concerned about getting it annexed, because it is a small, something that we'll have to pick up and do the annexation on and also get you hooked up to sewer and water that way. Lawrence: We don't have a problem with annexing both of them. Stiles: That would probably require a revision in the application and... De Weerd: And re-posting notice and... Stiles: Forget it, forget it. Lawrence: Shari, I can do that if it's not going to cost me anymore. I can go through the whole thing again, if I don't have to pay the fees over again. Borup: What would that do to your time frame on. Lawrence: It would help us. Borup: To delay? PLANNING ANDNING COMMISSION JANUARY 12, 19 PAGE 81 Lawrence: Yeah. Borup: We don't hear that very often Nelson: I have a question for Shari. Can you annex say the two lots, but on the rezone, only rezone the one? Stiles: It would have to be a City of Meridian zone. Upon annexation is when it's (Inaudible) zoned. De Weerd: So she would have to reapply then? Would we deny this and she would have to reapply? .Stiles: She would have to amend the application. We would have to re-notice it. Borup: Can we table it? Stiles: We could continue it, she would still have to-we would still have to re- notice it and she would submit her amended application, new legals, re-notice it. I guess we could do it with a continued public hearing, but it would be continued to March. De Weerd: It doesn't seem that she cares and this way it kind of gives them a chance to look into the CC&R's and resolve issues with her neighbors. Borup: Then we would be zoning this lot L-O and the other lot R-2? Stiles: Whatever they applied for. They would need to-if they did two separate zones, they would have two separate legal descriptions and I don't know... Borup: Is that what you were anticipating it would be two annexation and two different rezones? Stiles: NO, it wouldn't necessarily have to be separate applications, but they might have to have two.... Borup: No, but I mean zoning two different zoning designations. Stiles: If they intend to use that as,residential, they would need to have a different zone. Lawrence: You can't live in Light office? Stiles: Limited office, no. Single family home is not permitted use. De Weerd: And there is no more cost to that? PLANNING AND~NING COMMISSION • JANUARY 12, 19 PAGE 82 Lawrence: The cost would be legal descriptions, which is fairly inexpensive. De Weerd: Which is reasonable to you. Okay. Stiles: I don't know if-notice requirements and public in the paper would be additional costs. I don't know, I'm sorry I mentioned it now. Smith: Yeah, me too, let me make sure I understand you right. You just want to see both parcels annexed and zoned into the city as opposed to just one. Stiles: Welf since they have-it's a contiguous ownership. De Weerd: Well I'm not sorry that you did because it does allow her to communicate with the other residents perhaps and resolve the issue that was brought up tonight. Lawrence: I want to let you know that we have a daycare license for 17 in Crossroad Subdivision which is R-4 so the houses are really close together and we had it for 12 before then and when we had our hearing for R-17 we had a number of our parents come and support us that were right next door and we had no one object. Smith: I remember that and you might want to give her a couple of names to call and maybe that would help put her mind to ease too. Lawrence: You guys recommended it for a denial. De Weerd: I wasn't here. Stiles: Byron was on a soap box that night Smith: All right, I would like to retract my motion for closure of the public hearing and make a motion... De Weerd: We never voted on it. MacCoy: We never voted-take it back. De Weerd: You can still withdraw. MacCoy: Take the second back. Smith: Keith will take his second back. Borup: I'll take my second back. PLANNING AND " NING COMMISSION R JANUARY 12, 19~ PAGE 83 Smith: I make a motion that we continue this public hearing.... (END OF TAPE) Smith: ...meeting to allow the applicant to apply for appropriate residential zoning for an adjacent residential lot which is Lot 2 of Hepper's Acres and to research the covenants and work with her neighbors on her proposal. De Weerd: I'll second that. Smith: (Inaudible) Rossman: Sounds good to me Byron, go ahead. De Weerd: I'll second. MacCoy: First and seconded, no discussion, any discussion? Eric do you want to say something. . Borup: The applicant said that she was in favor of the- MacCoy: What the delay, that's correct. Twice, so what is wrong with that. Borup: Okay, no I just wanted to reiterate that. MacCoy: It's there, we all understood that. Borup: Okay. MacCoy: All in favor say aye. MOTION CARRIED: All ayes. MacCoy: Moving on to the next part of this one which is the item 8, which has to do with the request for conditional use permit childcare facility, license and etc. Since you continued this one on, do you want to continue this one, how do you want to handle this one? She has already made her statements. Borup: We can't do anything if the property is not annexed, can we? MacCoy: I don't see where you can complete 8 if you haven't done 7, so I've got to have a motion. Borup: I move that we continue item 8 to the same March 9th meeting. Smith: Second. PLANNING AND~NING COMMISSION JANUARY 12, 19,. PAGE 84 MacCoy: All in favor? MOTION CARRIED: All ayes ITEM NO. 9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOADE-SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE: MacCoy: Staff? I'm waiting for comments. Stiles: Chairman MacCoy, commissioners this is a request for annexation and zoning. We are alittle-missing a little bit of information, I think. We don't really quite know where the L-O is and where the C-G is. Initially when I talked to the applicants representative their plan was to come in with a plat in the conditional use permit for first use and the annexation and zoning. However, there is only the annexation and zoning right now, so it's difficult to comment and we would like to reserve our detailed comments for future conditional use permits that we would ask for every use on the property, or that we not annex until there is some plan proposed and that the platting is proposed. Those are our major concerns, especially with Corporate Drive coming through this property at some point. We. don't know exactly what the design is, it's been some different designs proposed, and the pathway issue is something else that we are concerned about, but I would like to hear what the applicant has to say. If they can give us some more information. MacCoy: Is that it? Freckleton: Mr. Chairman and members of the commission, I received late today a copy of a map from JJ Howards Engineering Company showing where the proposed zoning lines are. I don't believe you guys have seen this. We can run some copies of it. I really don't have anything other than what Shari has mentioned. Legal descriptions that were submitted for annexation do not include half of the right-of--ways of Ten Mile and North Waltman Lane as we typically see, or as we require, I should say. Other than that, I have nothing. MacCoy: Okay, thank you. Going to open the public hearing now, will the applicant come forward and state who he is. JIM HOWARD, JJ HOWARD ENGINEERING. .Howard: Seems like last time I was here they swore you in, I don't know why the change. MacCoy: We don't either. ~~, ~, ., -~_. Meridian City Council Meeting June 15, -1999 Page 26 MOTION CARRIED: ALL AYES. t.,.. .;~ '~ k - ~-~ Corrie: So we'll be back the 22"d at 7:30 and we'll sign the rest of it. Bentley: Mr. Mayor I move we take a ten minute break. Bird: I second that. Corrie: Motion made and second to break. All those in favor say aye. MOTION CARRIED: ALL AYES. (TEN MWUTE RECESS WAS TAKEN) 1. TABLED 6/1//99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY _~~..._- I ENSED FOR 50 CHILDREN iBY~KATHLEENB~ WENDELL~;LAWRENCE -- SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON CINDER ROAD: Berg: Mr. Mayor and members of the Council the development agreement was signed and recorded. The annexation ordinance was put in the paper and sent to the appropriate agencies and this is the last step for the conditional use to be approved. Corrie: Okay, thank you. Council, you have the Findings of Fact and Conclusions of Law for the condifiona! use permit. Rountree: Mr. Mayor 1 move that we approve the Findings of Fact and Conclusions of Law and Order of Decision approving the conditional use permit. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the Findings of Fact and Conclusions of Law for this request. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ROUNTREE, YEA. ANDERSON, YEA. BENTLEY; YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 2. TABLED 6/1/99: DEVELOPMENT AGREEMENT FOR HARTFORD SUBDIVISION: f ~'~ *~ TX CONFIRM~N REPORT *~ . S a R !GA/ a >--. . a+y> i. t ~" • ~ s~~ AS OF MAR 25 '7y~11~55 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 03 03/25 11:55 208 888 1097 MODE MIN/SEC PGS CMD# STATUS EC--S 00'32" 001 110 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 City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on April 20, 1999, for the purpose of reviewing and considering the application of Wendell 8 Kathleen Lawrence for annexation and zoning of approximately 1 acre of land which is generally located south of Pine Street, north of Hwy 30/ Franklin Road, on Linder Road. The application requests a zone of L-O. Further the applicant requests conditional use permit approval of the parcel of land above described for a childcare facility licensed for 50 children. A more particular 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 25~' day of March, 1999. a-..~.. W1LLlAM G. BERG, JR., LERK PUBLISH March 31 and April 14, 1999. r;r~a~ O~ "~~~s ~ ~ , ~ 8~L 9 .,~~,y~~ T ~sT , ~aQ • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on April 20, 1999, for the purpose of reviewing and considering the application of Wendell & Kathleen Lawrence for annexation and zoning of approximately 1 acre of land which is generally located south of Pine Street, north of Hwy 30/ Franklin Road, on Linder Road. The application requests a zone of L-O. Further the applicant requests conditional use permit approval of the parcel of land above described for a childcare facility licensed for 50 children. A more particular 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 25t" day of March, 1999. ~__.. WILLIAM G. BERG, JR., LERK PUBLISH. March 31 and April 14, 1999. ~~,~~~Rt i~trt~r~ihfsi ~,;~~~~ y~y f ~~~fd~ "(~]~ 'ar ~! d' ~ ~ '! ~~" . ~~t-t~tY ,',',,h~~~~~ttt~t~ non+~`'~~`,'`~ f ~~'~~ (~ r'. U i 2 I f 10 j 2 i 5 6 ( ~ ( ' 9 T Il w ~ ~ - - ~~ ._._ ,__ ..... _. _ _ _ __ _.._.. _-f _.~_._- -- L_- ~ f,,,,~~.~. ------..___~_- ~ _ _.._ _ .,_ ~ ,,.,..,,~>_„ .. 446 - r- ' i ~S3s' ~.5v.ia' _.~ i ~ r f ~ '~ ` ~ , _ ~ : f ,. 1 3 1 ~ ~ - t' .. E7. L.C_ R i~.~ ~ ~; ~ e `' -$7~ _rt' ~ ! 4 ~ ~ `\•-~/'~, ~ , j Lim P I i ®. {-`- if u. s~-~a~. var ~' i i sow 2r~ ~ ~ ~~ ~ i ; ~ zi - za t ' ` f I~ L'r ~,~' i ~, w a~c~. ,T 4 ~ i ~ ~~~A~E~q? ~ ta o E-A3G..~« ~- ~ - -- ---- ~ _ _ e ~ i 2 °. ~- ~ ~~~ Fi I "~'~~~~~~ i a -.-__~ ~ _ r ~ f ~~ ~ __ _ ---- ,~, 3 ~ fo cAnl~a~- "; JiJ:~ a ~.. C i t: - r: _ _ ~ -~ r' 'C C , '~.' ~ z ._~ .._. ~/3 __ ~~ ~ lac Tak t,a fr oa G eo logic 2 / S v,- ~ e y Map S ~ >~ J 1. 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 January 12, 1999, for the purpose of reviewing and considering the application of Wendell & Kathleen Lawrence for annexation and zoning of approximately 1 acre of land which is generally located south of Pine Street, north of Hwy 30/ Franklin Road, on Linder Road. The application. ~° requests a zone of L-O. Further the applicant requests conditional use permit approval of the parcel of land above described for a childcare facility licensed for 50 children. .... Amore particular description of the above property,is on file iri the,-City Clerk's offce at Meridian City Hall, 33 East Idaho Street, and is available for inspection during °° _ ., regular business hours. t A copy of the application is available, upon request. Any and all interested persons shall be heard at said public hearing and,the publicLLis welcome arid,invited to`~ "' submit testimony. DATED this 21St of December, 1998. ~~ ~: _ T"." s ~°x ~ , ~ -, _ . ~ _. WILLIAM G. B RG,: JR. CLERK PUBLISH December 23`d, 1998 and January 6th'`, 1999. -.~ ~~,~r`'.~~1 C?~ <~+~~~,~~',Tr~r 3, EN~~ , C'i'~o~o~~~~ r~. f'. z ~` a , `g - 4' V iY/~~~~ VV" ` _I~ C~ ". f~ y ,yr ~~ ~~ .. R '~'!'`lt tt~~z ~~.`!```` Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD ~~ HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208}884-4264 CITY OF MERIDIAN , PUBLIC WORKS 33 EA5T IDAHO BUILDING DEPARTMENT (aoa) ss~-2211 MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT (208)884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 _ FILE NUMBER: CUP-98-102 REQUEST: CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY: WENDELL ~ KATHLEEN LAWRENCE LOCATION OF PROPERTY OR PROJECT: South of Pine Street, North of Hwy 30/Franklin Road on Linder Road TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z V -~--. 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 !CITY FILES MERIDIAN SCHOOL DISTRICT MER{DIAN 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: r ~}#- _ ~ ~_ REcE~ c - as ~o ~ `"°' DEG ~~. i y ;_ CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT C17`~~ ~~ '~:~dRIBIAN PLANNItrltx ~ zaNING _ P NAME: ~Vlf ea~d~l I ~ - /1 ~1 ~~ vt ~ lA/Y~PYt CPS PHONE: 1-ao! p~. ADDRESS: GENERAL LOCATION: ~ ra n 12.1 ~ n F ~i nc~fr DESCRIPTION OF PROPOSED CONDITIONAL USE: C.h ~ I ~ ra re TG1 <~ I, {~ c err. ~~' ~O ~.Pz~ I <~ rP~vt J ZONING CLASSIFICATION:_~_1 (' ~(i~i ~n ~nn~cca..~ ~,pp ~ z~,~o,ti ~ I certify that the information contained herein i5 true and correct. _ Q~ Signature of Applicant Social Security Number - i7- I loaf)- I X - ~yLg LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Pla-ming and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at '~~ _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by ~. the property generally described as located at -~ TO SUBDIVISION, BLOCK ,LOT for • ~: ` Healthy Beginnings Childcare CONDITIONAL USE PERMIT APPLICATION By Wendell & Kathleen~Lawrence 1. Wendell &,Kathleen Lawrence 889 N. Fillmore Way Meridian, Idaho 83642 (208)887-0010 2. Woodrow Chase 370 N. Linder Rd Meridian, Idaho 83642 (208) 888-71'68 3. Lot 1 Heppers Acre Subdivision, Meridian, Idaho (plat;enclosed) A 4. Proof of ownership and notarized consent enclosed B 5. Vacant residential lot 6. Not in use at this time 7. Child care facility licensed for 50 children. 8, R-1 County jurisdiction (annexation has been applied for) 9. Thirty copies of a vicinity map enclosed C 10. Site plan (35 copies enclosed), 1-8'/z" x 11" copy of site plan, elevations & list of construction materials enclosed. D 11. City of Meridian Planning & Zoning has ordered. 12. Healthy Beginnings Childcare will service Linder Elementary (enrollment 569), Meridian Elementary (enrollment 703), Chaparral Elementary (enrollment 761), and the new elementary school to be built by"'the year 2000 on Linder in between I-84 and Franklin (map enclosed E). We will be providing a much needed service to these Meridian school children and their parents. We are located in the near vicinity 'of 3 large residential subdivisions and will service these neighborhoods. • Our proposed site will be built and managed to serve in harmony with the surrounding area: It is the closest often residential lots to the railroad tracks. This is a 33 year old subdivision and our site, due to the fact that it is next to the tracks, is the only lot that does not have a home built on it. This is a better site for a neighborhood business than a residence due to the proximity of the railroad tracks. We are located across the street from Light Industrial property and Commercial property is on the Franklin side of the subdivision. 13. Fee paid: 14. We, Wendell & Kathleen Lawrence, agree to pay any additional sewer, water, or trash fees associated with the conditional use. ail: ~ ~`-'~~~ 15. We, Wendell & Kathleen Lawrence, have read the contents of this application and verify that the information contained herein is true and correct. ~~~~~. 16. We, Wendell & Kathleen Lawrence, will post the property 1 week before the hearing, stating that we have applied for a conditional use permit. ,j,l ~,~~-~i~ ~ ~; ~/ .,,~ 1v Q ~~~ ~ i oy ~ o~ ~ ,,. ` ~ ('' 3J~ Rai 1 rood Right - of- Way II ~ i ~~- ---5 88° ~3'E-358.2 -- ~7• ------~ x ~ Q-----~~- ~~ - m I Easement ~ ... o I° T t WO R ' OV .. I A M I .. -„ • a ~. ,. ~p '" ~ i+ ' 4a ~ s. r . ... ' 6 I 588.59° E ~ w -, Y~.° , ] ~ I ~ i # i _ ° ~ ~ I 4 i .. { ' ( (~ ~ .3 I N c ~ ~ 111111 see• Se' E O ~. a i ~ ~ :O ,.. . . ~ ~~ Z ~ rte: I O t S88°59' E v i ~~ ~ ~ ~ i ~ ,~ _ _ C ~u O O ( ' ~ ~ yf '. ~ ~ ~lfl~ t A 3 6. 29 I 588.59'E 3 O f o ° - b ryn ° D ~ •Vu ~ ~ N~=. . .~ •Frl s. N1 ~ n Q D (J~ ° m a D !V D ~\ D r I ~ I rj - r. f% .. », A p 31 5__ 5'88°59 E ~ I y. - n ~O -p ~ •~ ° '~ 0 ® ~ ~ ~ ~ ( /~ VI I . Y ~ tO ~ . Z W ~ P O ' C ~ ~ ~ O T ,o ~N .. r o -~----ap9, E- _ I - ~ z ~ O `"~P " ~ x ~ A w•. I I ~ I _ _ D D - ~ O m W -' ~ I ' ~ { ~7 z z 3 1 5.36 I _ - n n w y° ~ N 88°55'E , I t' O V u +(7 q. i _ m ~^ i I W s r r w ~IZ v v z z +~ - _ . _ ... ~ N87.5,0' E .~ I I. - ~ - c . o- ~ I 4 I ~ I - ° - i _,c„ .. ~ ~ ? o ~. .. r - - V 314.67' I ~ ° Qn ` _ ~ ~T50°E I ~~` ` . y vV a ~ ~a j }` ,. I .3 s ~ I O ~ I~ N ° z h}~ ~ E ' ' `~ 25' I ~ ~ °..F a 9ya ;;•"" S87°50'W'354~5' - -~--~ r ~ a s'., ; m ° ~°` ~ ^ r .N ... : Y '1.y, .g F _ ~ ~ . W N Z a ~ ~'` `~ { w I r _~ ~' ..° ~ .. Yrs .. °~ ~ o ~ I ~ rl .r e 14 13 ~' ` y ' i I ~ ~' ~. . b ~ ~ ~ . .. ~:• W :~ w - 4 l C - .... _._.~_ d, ------ - - - - - - - I~. ~ £ 4 °. f R. Q 3+ N ~~o~ W ~'~° LL 1= ~ c ~ O oM~ ~ 'C „> CNN R G U ~ ~. Z 0 ~ A W ~'(o° ~ ~ N ~ LLj C ap ~n~ O oM ~ 'L ~ SN U ~ ~ ~~ . T T ~ -- -- ~ ~ -- - - - -- -- -- -- - ~ ~ ~ ^ I ~ K J Q 1 1 v ~ a l ~' F 0 aj o ~ (~ Q,! C w L O L ~ _ a' N a J ~ ~- N a ~ ~ U k o Q ~ Z ^ A 4' ~' ~ d ~ w ~ ~ u ~ ~ ~, ~ ~ A o ~ _ ~ a _ d ~ H Y ~L = ~~ ~ ~ ~ o °' o p ~ T '` O U Z U N v N ~. Q'm w ' c ~ ~ ~ Q~ t~ ~ O w 0~ ~ O E ~ Z ~n N m n Q ~ N ~ ~ o 0 ~ ~ ~ L a ~ 7 co JO Z ~ Q ~, ~' :g ~Y 3z > ~~ J d z N O W N Z C7 a T T ~-- ~ ~ C~ r O J ~ ~ c X Q ~ F- O w1 ~ ~ v C w l ~ L ~ -~+ ,~ ~ ~ w r ~ (J - a Q '~' ~ o L ~ x ~ ~ r ~ v pp J U p 9 a O ca V rn Z ~ ~ ~, O ~ N ~ o , ~+ 1 ~ E 0 lJ ~jV( v ~ a d O s = U S 0 ~ f N f ~ d _ f ~ > ~ O ~ O ~ d U , N T d o v /'~ gy a in ^~ ~ ~ U 4 V~ ~ iii+++ n 0 i Q~ O Z N f _ O ~ ~ ~ U7 ~ m ~ u < O ~ ~ ~ ~ O O J O Z Q `~ 3Z e~ Q N ~ w o z c~7 a N y' C 14 0 13 U. S. -# 30 ~ r I i ~y ___- - ------ ~ W ~• ~ . ~; ~! ~ ,, 4 ~y • p ~ r' J ~ Rai I rood Right - of- Woy ' ~ I j { ~" " ----5 88' S9~E- 358.2 -- - _--~ ~ ° Eosement ~ g ~ c ~ (j 5O F e L80A9' '30' ~ ^n 0~I I ~ I I o ~ - `) SB8.59'E I i I o ~ N ~ _ i '' 6 ` 1 I to 1 JJ S88° 59' E ~ ~ r ~ O W ~ z ~ o ~ 'I ~1f I v 318.~a' ' L- E ~ S88°59 ~ ~ I O I ~ I O w Z O, 0 - A O ' ' N m ~ vl ~ d ~ 33 6 29 I 588. 59' E 3 O r ° ° D (J1 ~ o I ~ _ ~ r*1 n a ( (r I c ~ D D m ° D N a D ~ A ' ~ p 315__ 5 88. 59 E ' I o C7 ~ ~ -p O -i O ® ~ 1 ~ I ~ I _ ~ o m --I Z ~ ~ ~ O ~ ~ I cn ~ ~ _ o ml°i p _~~(~~~p~_ 1' NB9'-55-E I - ~ z ~ ~ ~ _ p "' m ~ ~ I _ ~ o D ~ 'T7 z 3 .36' I - 0/nl ~ y y ° ~ N 88•SB'E O m m m m m I ~ I i ~ r ' ~ ~ ~ I ti o ~~ v z v z - - - N87.50' E I Q j ~ I 1111 l-~, I ~ Ron _ n NB7•SO'E ~ V V o O ~ C 5~ ~ 94a ~``"'~ S87'S0'W-354,25' - -~ c 0~` ~J~~ N ~ ~ N Z ~ ~ y I W ~ r D ° ~ -i m -. ° ~ v O V n ~1 A "^ o `9 0 y ~. 3 ~° ao O ~ J u ~a c \~c . ti r*O lam non ~~ a s r C 'L~ 0 r a n ~T w ~'^ Z ~~° M ~ ^ ~4'c~4 a~OO ° c \T ~ ~~ ~ ' ~~ ~'v~ o~ \= p ~ . a 0 p j` VI C . a y`nOa„ ~ ~` ` y a 4 aR1 a ~°i :.~ aa~"a DOC 4 w3 ~A1 C~-°•c~ °~°+ M n ~ ~ N ~p n 0 C ~ ~ N ~ ~~ Oa Q ~ .,t m p w ~/! \m w ~ n ~ ~• ~ , . ~ m n , w M ' ~ J ~ ~ °-~ > w O~ a ?•a° 4 w < a b ,o ~ a ~ _ ` C r o c m . A O M ? ? .~T 1 O r `ns , ~ ~ O p1 •`! C ; y ~ S 20 ~`..; = w ~ ti. ~ w o ~ C ~ q ~ w' ~ to tt e C K v ~~~ o ~ ~ ~ ~`' ~ +~~n C w m c C jn~ ^~ia 0 J'j m~ c CMS ~w .~ _~O (~ F m D H 41 h Sa t ~ '~ 2 3,4+.~~ Q ~ ; 1 ~ C ~ S>> ~l ~ d fi ~ ' ~ o J y n w ~ e n ' u =~ A a. ~. •*+~p~ .! ~h•~ 9 . _ to to (' n ~ 2 n ~ "O ° ~ ° p 0 3 0 L b n~ J W.n ~p'J '1 O~ ~tiC Vf ° ~+~ q ? ~ ,~CeN^°wjrn pJO~~O W~O~~Nu cv `° °' yr° mbb ~..~a ~ ~~``'~d y~.4 ` o° q o a., c . u n ~c ~``\ M w~ a j~ ~ a• {. ~ a o~ a a.. 0 u~ `~v ~:~ q w a4 q a 4q 'u ~ ~'~n ;~ l ci n C N~ ~ V ~ , l 4 ° x ~ \ ~c V o~ o m n e m~ a 0~ v~ o Y~ 3 w~ p 4 w~ 1 ~. ~ n 4~ 'c .. m N u`,-a q e n o w n w J ~ o w w w O " Z n e n d, ri q C Cu , fn lA 4~ C ti\ C~ 0 4 Z y j o 4 j a R N M q '! n S N b p a^ C~ 'o'~ n ~. a '~ ~~~a1b~~mcP~4~Vw~°~~u~eN~.~ ~ ~ o = C 40•x' n.° 1~ aM , H~a y° ~. R 1T ~~ o ^ w~ ~~ ~ .. e~ q b' N w~ a W° ~ • e o ye C o N ~~~ ae tvJ 1 1 w t^ M a n y n w°''`0 ~ o o O ~ ~ m n ti 4 n ~ ~C. c ~ ~ R R~\ ~ m e ~ ~ ~~ \ ~ n- n ~ 1 q J' A ~c ff = h 3 A,Q~ o~~N~~ O ~N~ ~ O w \n1~~' Y~0 ~~M~ ~Oti?N'~ ~ . °'°`.~ C \ ~b ~~M ~~~ , V ~ N d 1b (~ G a ~R h1 p ~nQ ~ m n2 p w ~ _ w A` ~' 2 a D n ~ `~~ ~ ~• ~;.~ a ~ J ~ o ~ O? ~~''a~f iM~~-y m ,o__c ~ ao ~ u ° qq, Q ~ti; AI r Dq S S~ N ~d ' C re ~ ~ r ~. ~ . ° ~c O°~ a w m ~ c n ~ ~n ~ ~~ v ~ j ~ oa n N m n A q ~~~ ' a~ S ~~O ~ w w o n e m m O° A m d a l ~ °~ ~ ~ O ~ ~ O~ ~ 2 v ~ J 1 0 ~ o q U q~• R n ^'. O o.°t " c • a m n1 ~ N n C~ y <?a n m ~, RAM n a 3 a~° ~ w ~ N h =~~ ~ N ~ O A ti Q~ 4 q ~ y ~ n 2 ter. ~ ~ J, m ~` 4° ~- ~• ~ n l I z d ~ J c m < ~ a ~ J e A r j ~ n _ a ~^~1. u' e' C c y A d r " ~ R.." \~\ ~ p ~ '~. oa ^ m F ~ qM~q" a J~^ _'e qa ~a« ~~D ~J a ~ ~ a 1 a w ~ 1 Q M Z Ca R t q • Q ~ 4 ° n a ~ w 4 ~ w ~ " N q j y m ~ m e S M y y N ~• ~ ^ ; M~ a ~ ~ ° q ~. A ~~ ~ Mq~`1~ o• a d a 0 a ~~~~ ~ ~"~ ~ n1 ~ ~ ~ w2 L ` A ~ = °= i2 c~~cRt M ~ - ~ ~A ` 2~ . a ,;, d q y N m ~ ~ ~'Z 3 !rn - ~: a ~ aan.2 n °_~ m u Q a ° ~ ~ ?moo aN p, 0 m ~ o ' _: • ~ ~,. w m ~ l • Q M ~ 3 ~,~= ~~' 1 N Z ~ ~/ ~~` J m o 0 t. -a .J <;, 41 a y. ~:tt;: 7 ~+ .I--' N ,., Copo• tr jdabo,, to.,.tt, . ~ ~ ~' ' ""rc'Q~l. ~r. ^eo-f_J >filedlir_$3pX~_P.:1~is~ Pao i~~8..'rec>arda ~ ~ ~~l .i ~/ COIt~LV t,y, 3~ ~ -~ ?ae~ .i S~':. ~.,l.e.i "ti ~ '~ ~. ~~~ya„~-3} .~,pb..t~ p fIR Gf~7~~.'F', .~'•'Nr..-~, Asa ,1~ ~ s L y,,_ ~„;, r~y6 ~ tf_~pS"!rc' .~, wr. ~ 4. Fh ~ !' .~„ ~ 3ry ~ ~.- ~ rl ~4`'ps~ v !.t ~:r fti~i.. F. ~ t r a ~, i z a r ~ „, ~ i ~~ 1;~. t fi}+ t~ r.2~ a ~" -r - -f. le L. t .r • ~~,ry ~ '~~~ y ~ c~T R' m AR t' 'xQ ia"' F ~ ~'j+~.--~ en Y ~ _ •",e.+i~ -mac RhhA~t ~ - . - +c ~ i?~ y ~~"__t~ 41 ~ ~ ~ : ~ ~ ~ z iv ~~ , TO HAVE AND TO HOLD the •..Si ptemiseb with their aYPut'tenanees onto t6s aaiJ Grantees. [belt heirs and era:gns forever. And the aaid•Grantorg do with the said Grant.- s, that [hey 8re the owners is fee simple of said ~~ 1 OV~iDt to and from all w" except for taxes for:1970 and thereafter. ~O~' O"t tom' are tree and that Choy wiU warrant and defend the •'Te from all lawful ciaiau whatsoever. ~ Dated: February 1~, 1970. ~> r . /' STATE OF iDAilO, COUNTY OF Ada -- °i t~Y /OGYC dv •+ February , tr70 . before ue, r notary JwWie In and for •ald SLte, prraoos0y appeared TED G. HEPPER anll Ii~ANDA L. HEPPER; ,husband and ..: ie, kmvn.LSwY !:. n1 the ~....•rc ._ -`~- r•mes are ~+~~^-..; p~:within iwtrument, snd acknowi:9t'eu to ~ ya_thar ~ : ~ they eaeeuted tJw I ~~~~~~~•~ ~ J Yutary puJrlle keaiJinr et i3U1 Wit.` JdYbo I Comm. Fspirrs .ly ~, ir-r, I"- ---' - ----- - l % -- STATE 0- iDAHU. COUNTY t~P ~---0 - t b.reby certify tbek tkL 'tutrYment wan ated far record at tilt rryurt of CaDltol 't'.tln ::o. at 3 S minutes put 2 o clock ~ m., ~~ ~ G dal •f > t.! 9'f U. in my once. and duly recorded is Book o! Deeds at pY`o _ ____ ~ Inca . FL4ttrlr Ea- feeio Ra~ordei '~. Day Fees l: ,~ `c "~ ~ [kpuly. ![all w:' ~ j `Ui W H C trJ z H x 0 1/ - - OCT E1 '~S ~3~0~iW'1 ~+ 3'`f P,1/1 .~_'- ~~ ~„a_. ~°~ ..r ~~ ~ ~~ ststa~ at xdaaha CoWaty a~ ~-dA • ~ .e..... Dn th#.a 1'~th c~a-y of Octarber, 15t98- be~css true a aatary pUbl~c ~ par~o~a.~xy ep~ssrvd ~ ~,..~~._.~ PERS41+TAi.~yt' 1'KNO101~ TO l+i$ Tt) B8 TR8 pSAgOI~S ifIHOS$ NAMES AR8 S1?H5CRI9SD iA.stfeu~aelst and a-ektto~iedgeQ tc ma that they e~xnctstwd to .rOAYat,. " t~ ; ~ _ ~~ ..r... ~, ~;: r. ~, .~ ~~ ~' ~ ATptity F{ibl C .. ~ ;. , ~. ~~~`~ ~` ~ *Y,~~ ca~niasiazt expires oa ~ ~ 5~~~'~-- ~'°~..'~•i • ~ e •ryai _~•i'~~ r N. CINDER i t t ND~.N.a ~ ~ ~i ' 4 ~a .~r__ ~' ~~ f I' i i~ ~ ~~ I' _ °~ ~~ ,~..~r' I' ,i 'L._._._._._._._ _ _ _ _ ~_. ___~__~_~~ --__-NOYTW Ne'_~~_ ~~ F~~bS~ 07 !k FF ~~Y 7 ~ ~ Q M ~~~ ~ ~; ~ ° ~- 3 *~~ _._._._. _., iY I 1 ~ ~~ ~.~ ~ << '4 ____._ i~ I i i s I e 1 I D NIePY W .,J ~~ ~ ~ ~ m i _ g "'~ (D 0 ~ ~ ~ D. ~ I ~Q„1'~f~~t~ ~~ e L K ~P\MF 1'MtlOI.W bANO mAY r. f~Ifd11W ~~~ w,~.e~ip....' ~fMl MiJW k • , ! i. t - ~~ -_,__ _.. _ ~ l~, ~ t ~ _ .r'=. ' e f... = ..D7 n ' ^-araaeRf-." t x - !. ,~~- '~ ,, ~ _.. 1 ~ T ~ s a -- ;. ~` t ' ~ ~; ~ ~= ~ ~ ~ r v a_ ~ ~I -~ { _. ~' ~ i i j ~~` ,~ ~" ~ -` _'_ _.. __.~ , r F' T ~ i I _ '~ .mss-ra ., a k i ~ ~ ~~ _t ~. s j r ~_.. :~ .1.~- :,_ ~.. :~~ , t~_w.~...r T .1f '' ~'9;'_ ti ~ ~ i~.~f. A ~ f 3 { ~ r f~~= f _ t,-~-i ---~ ~ I r. ., -,t i { tiY J .. v ~~ ~ ~~ I _ ~ ~~ ,_ s• ~ i,. ~, , ~ i ..r_ .f - ~^~~t i '- `~ t~~ ~ __- J~~ .~„~.:t r ~' :t 1T 9 it '1 _~~' ~ ; - . ~~ t ,_-..-~ e ' ~ ..Lr ~Ii-~O-r~ .... ~•~-•- 1 t ~ S t " J/ , r ( i g ! {1 ~ - j ~------ tom` ,, ---r-~ i. t •~~, ' i .}+; ~ 1 ~ ( ~ - _ ? 'yam s ' yy It t i }' ((( r^ a'? ' ~ # -`~ z • 4 • _ ~ s~, f ~-= L~_~.: I j .~ --~1`"-- ~~... _ j,: %:K~" cam- y_... ~} 1 g " '~,,,,.,,.j ~ ~ ~ J t,~ A~.-~-; ~.' _ 1t. t J~ L F j. ~: ! "CC-,~~~ti ~^S,d 1 t, _, ~ ~" .. s.to~~e-~~-s .~~, ~ ~~.tt" f' -i ~,a,~} J ~_ rf ~ ~ -x~ t: ~~1. f 1 ir' ~ ~ ,. v ~ ,® ~ r ~'~. l k a .4 ti+.. 'S' g r ~, k. . ~ F i 4. ' ~ y ~. - i. G ~ ~ ~ s .< fFY x L ~ a _ ~`~ "~ N. CINDER ~ ~ ; .. " -, ~~es v wp~' r.eos'u ~o'y -~ °a ~ -_ ~:. _ _ ,, , ,~~ --- ~ t r ._ " ~ o-~ °. ! a~~ ~ _ .. x'~ I ~, _ ,, e~* a - Rai ; ~: ~~ u g' *y ~ , i .. 'r < ~ ~ ~ ~ ~ ~ ~y. < !~I I ~~ :;• ; s ~. 1 ~ i . ~ I +. I ! '- s ~. ~ ~ - (. r. .~ I ` ~ ~iF _, .. .y p i.~ i o a ' i ~ i `, ' c. ~... ~~ .. N - r' a a- ~ '~ ~~ ~ i' x ~ _ .. l ~- ._.- -"-~- -~---~- r~._.~. _._ .. :Kyy 3 N•mPW Mo' - N~It'Y M' .., ~ A ~ < .. ` .. ~ ~ , ~' ~ a ~ ~,F -: ~: ~~ B ~ + ~ ,~~ ~~1t~t.MroMlds ri N LDOl~ 'le~4l m41D { M-) Ml-0MI ti~yi~ L~ ` _ .. ,. ... w ~ ... .. z-. Y~ ... - ~. u R:12 ~ rte' ~~ rs ~ ~. .' .S < ... ~_ sy. r1 ~ ~ _ ~ r.. v e `. i .~ ... .,.'S. ir+" a.~-..~..~.rr.+~.ri-sw.. -.,r..A'. alr. i -~ ~+s, .. s. r3 .... _ . ''~ ._~C:-: . ~ ,r` X ~ ~ .,~~} ~~ ~ ~ i i ~ ~ ~~ N ~~ C": i. • i ~ ~ N ~ ~ w ~ m ~ < , i : :: i. ~_ o i ;r o ~; I ;~ ~ { N ~ ~„ ~e! N Q ' w i, ` t ~' Q rv `~ ~ `. ~ ~' ~ 1 ~: ft :'~ ~~ ~ 'e • e ~ 6 ~ t .: `~ 1~ 1.; - .' kk ,r ~ ` 7; ~ ~ ~ C.O ~~1 ~:' - , ~ m ~ ~ ~ ,.~, g. :m ~, ~~' ~yF ~ ~~~.~ N of i ` ~ ~K . S t . t .G ~-- W - ce N g i~ { ~~~ s F i f ~ ~ it ~~ Z Q N W ~ a ~~ ~ ~ 7 .~ _.{ { 4 . ~ ( ~0 .J w ,~ Q$ ~ = 'fi~~ 0 .~ ~. ~~ x J Z = L { ~ y (~ Z. W H w '~ .~ LL m ~ ~ t7,! ~# i arn Ym~ d0 m S ~LLOi O ~' ~ , ~; ~ t ®m ~~;~~~1 S.1 f;}A~F~~~f ~~~'3 ~,~~t. .`~y,i T~;iP~~t~~).{ i ;}~5=~~'. :i.. rVl HGGVU11lau~c wean T 0 3 w V V T Q C w A r - r .a CTt .a ? J N J -+ 1 O (D OD v O W N j r ~ m C" D y a ~ Z ;~, ~ '. i~~ N 3 ~ ~ m ~; ~ ~ ~ '~ ` UJ ~ u aJ ~ ~ J`' ~ y ~ C. \f~f ~ ° 1 ~ `~ `~ ~c ;_ `; ,~ `/~ ~~ lid ~ ^, !~ `o° < 1 l~ ~ ~ ^ ~>.;1 ' vim. ~. ~ l~ ~ lirl n ~l ~C; ~`- •~; ti ! ~ ~ . - ~~ r ~ (mil (~: l V~ (~` (v h i11 mw ~~ ~ i / - D ~ ,_..,-cZ o~ o;~ oD o~ Nz ~ U'Y a ~ ~ ~ OY ~ r. ~--- J ~ z w i~ r ° a a ~ ~on ~ . ~~ ~ r~ ~~ d ~z ~ ~r ~~ ~~ z ~ ~ ~ ~ a °o ~'y ~z _ oo z~ ~~ r0 `~ ~ Wa b~~ tCtzn Cy~ Y ~ ~ ~~ °n Y~ d ~~ Dg ~' z~ dg ~ a r C7~ ~' C7.~w' CJY ' C7r r ~ C7 ~ Y~ ~d ~o~ C7~ ~ o °~ ~-- c r zr " t_7 C7 C7 ~ C7 R° d x C a~ o ~ ~C ~ "` ~y ~z ~~ ~~ ~~ ~x ~ ~ x ~ ~ ~ z rr a ~, or~ ay co ~,a ox aa ~~ z~ xz ~ x~ ~~ x~ ~o x ~ a z x ~ ~ r~ c ~ ~ ~~ ~r ~z ~~ ra ~ ~ r- ~_ rc x ° ~~ d~ ° ~ ~,o oz ~~ ~ ~ ~o ~ '~ y yz ' ~ a -~ ~ y z a ~~ d~ ~ zv ~ ~_ o ~ °z ~y a r ~ ~ 3 ~ ~~ ~ ~ g o z~ ~ ~ ~ ~ ~ o z ~ ~C ~X ~ y ~Ci7 ~ 1 ~ ~ ~ y ~ ~~ ~ ~ "C ~ `" ~ ~ w a m od e r r vz ~ v a ~ o ~ ~ d ~ a z zx z d z~ z z z z z a p ° o ° y ~ z ao v v d d A d o ~ o v x m x ~ xz ~ x x ~ ~ a ~ o. W o W D a ~ `° o ~ o d oa o 0 0 0 0 o ~ ~ o ~ ~ d ~ a ~r ~ ~ ~ ~ ~ N ~ ~ ~ N w w x w d w w w w ~ w c : N ^^^^a ~ W .p ~ w a .p ~ ~ A ~ ~ ~ ~. rn A ~ +~ ~ ~ r N nn~ ~~ m p N m w N O~ N Oo N N N N N N ~ ~ ~ ~ ~ c~ ~;~~ m ~~ ~ N v N ~ N N N N N ~ N n amp W ~ ~ W V~ CA W t,/~ IJ 00 W 00 W 00 W Oo A 00 A ~O ~ ~ (D O' 0 ~ ~ ~1 ~ x .~.. 0 3J ~ ry ~ N (~ m JJ ~ c N COS (j • m ~ n wa i -mam a p T m m o m -' owo v-I ~'~ayNw~ was _~~ m m m (~~ 3 ogc om m 0?' m' ~y ^^~ ~ o •a -wo ~o ~.oow ~ ~ ~ w ~ " wa " - rG' ~cQ N -' -' in' n o~'.wQ~mm ~ ~p~ o ~ ~ x ' N p' O (n N N ~mc '$o~ o~DyNw~o .D ~ ~ O N ~O ~ N a"0 o m p ~~~cc~~ -mmmQCw .^ 77~ w< d ~ w'p . - = a o- _. c j¢~i~mnpm ' w NC w ~ c N N ~ ao 'w m $o ~ c ~ Q o =0yjw w ~ m O c cn o ~ ~ n n ~._^. -oa N ~ ~ ~ ~ O O w~ C p ~j~ N~NN w C ~.~ OQo G ~"'2 Od v w om ~ mau i~oo.o N -m 3-0 ~~ IQ ~ ~ o wam D dc~nno~w jo~~Na ~~•r '` -, - = ~~! .~ ncn pp ~ ~~m' m wm3 N~~_$~ . 1i~ Y'• J f O ~ ~ oa"o ~ O O W ~ chi ~ ~ ~ w~ ~ m' - x Na~S~j ~tnwoaiw ~~ ~ OWN. (D ?oc `Dn~i~n'3Nm o f e~ x ~,o T cn _ o ~' m B o a ~ o ^~-'0._''N ou'3am mo °' ~7 = W ~ N SU O ~ w N ~ ~ ~ {i '~ { Cn fD O. d C x ~m Q~3 ~ m N . ~ ~`° y m o c wo=o03 ~ ~ w ~ - rS ~r ti ~' '. m m y o. w 7 ~_ x c N ~ ~ (D , J fD -' N O -. ~oa~mm~ .., • KASHA LAWRENCE PROPERTY OWNERS WITHIN 300' DOBARAN JOHN`& ARVELLA 6141 N GADWALL LN BOISE ID 83714-1287 531 N CINDER RD HAZ-TEC DRILLING INC PO BOX 940 MERIDIAN ID 83680-0940 N CINDER RD SCOTT CRAIG A & IRISH LYNN 1535 W BIDDICK CT MERIDIAN ID 83642-2483 MELLEN ANGELA AND MCDONALD BILLIE M 1521 W BIDDICK CT MERIDIAN ID 83642-2483 WARR VICTOR L & DEIDRE 10910 ARABIAN WAY BOISE ID 83709 N CINDER RD SUMITOMO LEASING AND FINANCE INC HARRY AMYOTTE 277 PARK AVE NEW YORK NY 10172 1103 W PINE AVE HENBEST GERALD LEE JR & CHERYL ANNE 524 NW 15TH ST MERIDIAN ID 83642-2464 VAUGHAN DOLORES ANNE 1491 W BIDDICK CT MERIDIAN ID 83642-2481 STONE JEREMIAH D & HANNAH 1585 W BIDDICK CT MERIDIAN ID 83642-2484 HILL JASON 1575 W BIDDICK CT MERIDIAN ID 83642-2484 CHASE WOODRO W L ETUX 370 N CINDER RD MERIDIAN ID 83642-2435 N CINDER RD WILLIAMSON ELAINE I 1200 W FRANKLIN RD MERIDIAN ID 83642-2417 E FRANKLIN RD 1200 W FRANKLIN RD CHASE WOODROW L ET UX 370 N CINDER RD MERIDIAN ID 83642-2435 RANDOLPH GERALD C & WANDA M 265 WILSON DR MOUNTAIN HOME ID 83647-1566 330 N CINDER RD WITT JAMES W ET UX 300 N CINDER RD MERIDIAN ID 83642-2435 WILSON CA,RRINE A 1555 W BIDDICK CT MERIDIAN ID 83642-2483 y~~,~ a ,C.au~-en. e~