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HomeMy WebLinkAboutPurcell, Kathy CUPMayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 884-4?64 c_oun~rl Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208)887-~_11 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3 1999 TRANSMITTAL DATE: July 6 1999 HEARING DATE: August 10, 1999 FILE NUMBER: CUP-99-025 REQUEST: CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY: KATHY PURCELL LOCATION OF PROPERTY OR PROJECT: 2241 E. CLARENE STREET TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, 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 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECL,gMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: R~cED JUN 2 3 1599 CITY () i< :~~ 1+,ItII.?1A11T PLAi~YNINO ~'i!,t):~INf; CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ADDRESS: GENERAL LOCATION: '~~n vc,I a ~l~ ~ c~~Ji :~~ _y~~~Z5 DESCRIPTION OF PROPOSED CONDITIONAL USE:~~~lY7P ~ ('~~~ ZONING CLASSIFICATION: P,"~3 I certify that the information contained herein is true and correct. ~-~" Signature of pp 'cant Social Security Number ~ ~ ~~'J ~`~~ LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. "The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally descn'bed as located at SUBDIVISION, BLOCK ,LOT -~ - TO CONDITIONAL USE PERMIT APFLICATION 1. Katherine (Kathy) P~u+cell (208) 887-4671 2241 E. Clarene St. Meridian, Idaho 83642 2. Same as # 1. 3. Lot 13 in Block 5 of Dove Meadows Subdivision No. 2 4. See attached 5. < Residence and Daycare for 5 or fewer 6 . Same as # S 7. Daycare 12 or fewer 8. R-8 9. Soe attached 10. See attached 11. See attached 12. Meridian and our Subdrviaion is in great need of a good quality daycare. 13. X275.00 + Marling 14. I Kathy Ptn~cell agree to pay any additional sewer, water or trash fees, if associated with usc. 15. I have read the infomation there of and verify the information contained therein is true and correct. pro ~w~l' ha ~ a- ~ Pv°F~'_t,J~~cd ~ weA ~c q u~_.,~ The Grantees herein have read and aooroved the following: ~~ 2d Title File No.: T97=43665L]j CORPORATE WARRANTY DEED FOR VALUE RECEIVED, TRUAX COMPANY, an Idaho Corporation a corporation organized and existing under the laws of the State of Idaho, with its principal office at P.O. Box 4597 Boise, Idaho 83711 of County of Ada ,State of Idaho, GRANTOR(sl, does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto SHAUN PURCELL and KATHERINE M. PURCELL, husband and wife GRANTEESIsj, whose current address is: 2241 E. Ciarene Street ,Meridian, Idaho 83642 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: Lot 13 in Block 5 of DOVE Iv1EADOWS SUBDIVISION NO. 2, according to the official plat thereof, filed in Book 73 of Plats at Pages 7577 and 7578, records of Ada county. Idaho. 9 7 0 6 `t 8 5 0 nA ~~,. n~~.,ORCr.° (~'. ~ - ,,, uA'1I:; .,;:V:;r RO BOISE IiJ ~~~S~97tAUG 13~~1'I ~~~~I~ FEE ~---- ~e' RECOn:icil:~T ~I~E kcpUEST TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Granteelsl, and Granteels) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Granteelsl, that Grantorls) is/are the ownerls) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements,(if and of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantorls) will warrant and defend the same from all lawful claims whatsoever. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the Grantor has caused its corporate name to be h eunto affixed by its duly authorized officers this 13th day of August , in the year of 1997. Truax Co p B Robert R. Tru President Attest: Secretary STATE OF Idaho ,County of Ada , ss. On this 13th day of August in the year of 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert R. Truax known or identified to me to be the President of the corporation that executed the instrument or the person who execucuted on behalf of said corporation, and acknowledged to me that suc' •••~•Nr uy~•,. corporation executed same. ~~~ ~ ~U ND~ ~~~ Signature: •r T ~ fti yet Name: Lois underson • } • i Residing at: Boise, Idaho 7 1~ L • _ * i My commission expires: 03123/99 S p G ; ~ ., y - ....•-- ~. TransrY~~~ T~,~ & Escrow, Inc. .~- ~r~~ -r~u~x co~~,~~~r BOISE, ID 330-5544 i3i't ® - ~r ..~1~ e ~ i 1 I I l ~I ~I W ~ I s v ~ „~ ri ~~ ~, f"" r r o? - a - ----- ~- 24;. SQ fRitii~l~y~~rn ~ I ~ spy _ _ I ~.._..___- __________ ~ ~ pESK~I ,,^^ 6019E, f.7 'S, V ~~ 36 - t4'Sc~ Lo-~ S ~ 2E r ~~~ ~. ~.~ (~ C/L EAST GLARENE STREET _ I -~_ _~ 2241 E. GLARENE STREET ~~ I I I ' ib'_~~I PATIO I ~ ' ~~ • 9SI55 F.:a 95212~OF I ~ ~ `t 95239 FF B I fQ I Z I '7 I I n ' -~ 60.99 NS ~ @ 1 I -~ Z H SLOPE GRADE AWAY FROM DWELLING O 59: FOR FIRST 10 FEET ANp 2y tNEREAFTER Z N°TE: ALL F'UBLIG UTILITIES AVAILABLE ~ T~{E TRU~X C01"IP~4N1' SLOPE GRADE AWAY FROM DWELLING 5y FOR FIRST 10 FEET AND 2y. TI-IEREAFTER A LOT 13 BLK G/ S~~ ~~~`''-N VERIFY BUILDING SETBACK REQUIREMENTS SCALE I" Y0'_O'~ SUB DOVE MEADOWS PN 2 SHEET " ~nR~ BEFORE CONSTRUCTION STREET E•CLARENE $T. I O~ 6 DATE: Z'9 DESIGN MERIDIAN, ADA COUNTY, ID PLAN: 112 - - soISE, ID I ~~ ~"- .5.0~~ S84 54 3lE • Q B ~' DRIVEWA 95195 FG 95212 tOF 95239 FF i / `~~, ST• 2241 E' CLA~NE pUgCELL ITIIIN 300. THE~NE WNEgS W KA pgOpEgTY O MICHELLE HOLLI J POLLOCK RCREST DR ~ MERI ~ ID 83642 MICH~L D & 51IELLEY M GOZA CREST DR 2143 E OAK 83642 MERIDIAN ID A & ALISON D ,fig CLARK BAUMGAR- CREST DR ~E~,DIAN 1D 83642 SETH J~ES & O KE DO A L~ 5EST DR 2187 E OAKC 83642 MERIDIAN ID FOSTER AM A ~ Kp'Y 1 TER ROBERT D R gOS CREST D 2201 E OAK 83642 MERIDIAN ID & LUCIA K D~GEL BILLY G 2233 E OAK D 83648 MERIDI~ OTT R & LAURA B CLEGG SC CREST DR 2259 E OAK 83642 MERIDIAN ID SKELTON JASO ST DR 2277 E OAKC 83642 MERIDIAN ID BEND ~~ D AN DUMB STL K ER ~ 21~ CL D 8364 MERIDIAN 50N MIKES & JO~SOLAR ~JST 2MERIDIAN ID 83642 AUGH ~ ST 2 ~ CL D 83642 MEg~IAN M 5 LIVING TRUST W pTTS SARA S TRUSTEE wAq~CLARARENAE T MEgIDIp1.1ID 83642 K CLP~L~NE AN 2232 C 83642 MERIDIAN ID 5TO~Y LETA A ST 2266 E CLARENE MERIDIAN ID 83b42 Yw NE o C ~ ~5T ~EgIDIAN ID 83642 ENER HOYT AND MICR ES ALLY R VOORHE NE ST 23ERIDI D 83642 M O 1ERALD 1 ~ MAO LAU~ s 23 ERID ~ ID 83642 M AC~IER SUSAN F NE 5T SC 21ERID1 D 83642 M lIl ATTTT ME pN C S 2183 CLARE IAN ID 83642 MEAD WS HOMEO~ERS ASSOC DOS IviE~ T 9550 BET 83709 BO~~CpT DR • FLYNN DEBORAH RAYS PIPAL RANDALL M & 2229 CLARENE ST PIPAL JULIE A 2350 E APRICOT DR MERIDIAN ID 83642 MERIDIAN ID 83642-7329 GILLETT JOSHUA 8c AMY CHYNOWETH JEFFREY G & 2413 E CLARENE ST CHYNOWETH VICKIE L MERIDIAN ID 83642 2458 E APRICOT DR PURCELL SHAUN & MERIDIAN ID 83642-7330 PURCELL KATHERINE M PORTER JAMES V & 2241 E CLARENE ST PORTER MARCIA J MERIDIAN ID 83642 2201 E APRICOT DR PgTRUCHOK PAVEL & VERA AND MERIDIAN ID 83642 PETRUCHOK LUCY FULLER MARK E & 2371 E CLARENE ST FULLER JOANN L MERIDIAN ID 83642 2440 E APRICOT DR MERIDIAN ID 83642-7330 'TIPPETT'S AARON & TIPPETTS KIMBERLIE A JONES AARON B & 2263 E CLARENE ST ZUNDEL KATHY SUE MERIDIAN ID 83642 2392 E APRICOT DR SAUCERMAN J PAUL & MERIDIAN ID 83642-7329 SAUCERMAN KIMBERLY L pANTALEO RAYMOND A & 2301 E CLARENE ST pANTALEO BETTY JO MERIDIAN ID 83642 2414 E APRICOT DR GOTCHER AIviAATDA MERIDIAN ID $3642-7330 2345 E CLARENE ST BO~yAVONG PHONETHIP MERIDIAN ID 83642 1883 N GINKGO AVE BOYLE KENNETH J & MERIDIAN ID 83642-7328 BOYLE SUSAN JOHNSON JEFFREY B & 2175 E APRICOT DR JOHNSON BRANDI D MERIDIAN ID 83642 2200 E GRAPEWOOD DR ARCHIBALD BENJAMIN D & JAMIE E MERIDIAN ID 83642 AND SELLERS KEITH L & E LOUISE FINGER EDWARD P III & 2256 E APRICOT DR FINGER BERYL KAY MERIDIAN ID 83642 2321 E APRICOT DR BI.ACKSTEAD INVESTMENTS INC MERIDIAN ID 83642-7329 11760 W EXECUTIVE DR SUITE 120 SCHIEDEL TERESA F AND BOISE ID 83713 GEORGE JOHN WAYNE 2332 E APRICOT DR 2252 E GRAPEWOOD DR MERIDIAN ID 83642-7332 GILLUM DERICK R & GILLUM AMY M 2347 E APRICOT DR MERIDIAN ID 83642-7329 SIMS MARVIN S JR & SIMS SARAH M 2363 E APRICOT DR MERIDIAN ID 83642-7329 BINGHAM ALLEN W & BINGHAM LILIAN H 2435 E APRICOT DR MERIDIAN ID 83642-7330 HARR KAREN LYNN 2387 E APRICOT DR MERIDIAN ID $3642-7329 ~ ~ PETERSON ROBERT G & PETERSON MICHELLE 2403 E APRICOT DR MERIDIAN ID 83642-7330 BOBKO RAYMOND L 5254 RHONDA DR SAN JOSE CA 95129-4260 2288 E GRAPEWOOD DR SWIGER FRANK R & SWIGER LUCILLE M 2318 E GRAPEWOOD DR MERIDIAN ID 83642-7333 MERTINS TOM W JR 2336 E GRAPEWOOD DR MERIDIAN ID 83642-7333 D • • _-- • ~ • ~ • ~ - ~ ~ • • ~ • • • • ~ • ~ • • ~ ~ ~ - ~ • • ~ • • • • ~ • • • • -~ 1 ~ ~ MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21 1889 APPLICANT: KATHY PURCELL AGENDA ITEM NUMBER: 16 REQUEST: CONDITIONAL USE PERMIT FOR IN HOME AYCARE AGENCY CITY CLERK: 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: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~ ~~ ~ ~D BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. OF TREASURE VALLEY Mayor HUB LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 288-2499 • Fax 288-2501 b CITY OF MERIDIAN PUBLIC WORKS ers City Council Mem BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (2pg) gg7.2211 • Fax 887-1297 GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (208) 884-5533 • Faz 887-1297 MEMORANDUM: August 11, 1999 To: Planning & Zoning Commission From: Bruce Freckleton, Assistant to City Engineer -- Brad Hawkins-Clark, Assistant Planner '8~C Re: REQUEST FOR CONDITIONAL USE PERMIT FOR A GROUP CHILD CARE HOME IN DOVE MEADOWS SUBDIVISION -- by Kathy Purcell We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: Ms. Purcell obtained an Accessory Use Permit on June 10, 1999 to operate a Family Day Care for 1-5 children. She is proposing to increase the total number of children attending her day care to between 6 and 12 children. City ordinance requires a C.U.P. for all Group Child Care Homes in the R-8 zone. 1. Provide a minimum of one (1) off-street parking space per employee of the day care and adequate off-street loading/unloading areas for children. Garage and driveway areas may accommodate this. 2. No signage shall be allowed. 3. Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments. Please provide any information that you may have with regard to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 4. Zoning Certificate and Certificate of Occupancy for the daycare are required prior to operation. 5. Screened trash enclosures are to be provided in accordance with City Ordinance for any external trash areas. Purceu.cuP i • Mayor, Council and P&Z August 11, 1999 Page 2 6. The Group Child Caze Home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 7. Applicant shall provide a minimum 6-foot solid fence of appropriate construction to enclose play areas, protect children from surrounding traffic, and to provide a buffer between adjacent properties. 8. Applicant shall secure and maintain a child caze license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide a copy of license to the City of Meridian. Operator's license shall be on-site for City inspection at all times. 9. Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 10. If the conditional use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating to ensure the standards for a Group Child Caze Home are met. 11. The outdoor play azea is approximately 3,700 s.f. in size. At the maximum number of children allowed (12), this would provide approximately 308 s.f. of play azea per child. The Idaho Health and Welfare Department does not have established standazds for this ratio. However, staff believe the space provided may be inadequate for the increased number of children proposed and encourage use of parks and/or neighborhood common azeas when possible. 12. The City of Meridian is not responsible for enforcement of subdivision CC&Its. Applicant is responsible to ensure Group Child Care Homes comply with any active CC&Rs for Dove Meadows. 13. Violation of any of the above conditions shall be cause to revoke a zoning certificate and certificate of occupancy for a group child care home. The Conditional Use Permit shall be subject to review upon ten (10) days' notice to the applicant. Purcell.CUP BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR IN-HOME DAY CARE AT 2241 E. CLARENE KATHY PURCELL, Applicant Case No. CUP-99-025 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is located at 2241 E. Clarene Street, Meridian, Idaho. 2. The owner of record of the subject property is Kathy Purcell of 2241 E. Clarene Street, Meridian. 3. Applicant is owner of record. 4. The subject property is currently zoned Medium Density Residential (R-8). The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408.B(4). 5. The applicant requests a conditional use permit for a group child care home with 12 or fewer children. The Medium Density Zoning Designation (R 8) zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for this use. (Meridian City Zoning and Development Ordinance, Section 11-2-409). RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -IN HOME DAYCARE -KATHY PURCELL • 6. The use proposed within the subject application will in fact, constitute a 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 permit as requested by the applicant, subject to the following: Adopt the Assistant Planner and Assistant City Engineer Recommendations as follows: 1.1 Applicant shall provide a minimum of one (1) off-street parking space per employee of the day care and adequate off-street loading/unloading areas for children. Garage and driveway areas may accommodate this. 1.2 No signage shall be allowed. 1.3 Sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 1.4 Zoning Certificate and Certificate of Occupancy for the daycare are required prior to operation. 1.5 Screened trash enclosures are to be provided in accordance with City Ordinance for any external trash areas. 1.6 The Group Child Care Home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 1.7 Applicant shall provide a minimum 6-foot solid fence of appropriate construction to enclose play areas, protect children from surrounding traffic, and to provide a buffer between adjacent properties. RECOMMENDATION TO-CITY COUNCIL - 2 CONDITIONAL USE PERMIT -IN HOME DAYCARE -KATHY PURCELL 1.8 Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide a copy of license to the City of Meridian. Operator's license shall be on-site for City inspection at all times. 1.9 Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 1.10 Applicant shall coordinate with Meridian Fire Department to conduct an inspection prior to operation. 1.11 Violation of any of the above conditions shall be cause to revoke a zoning certificate and certificate of occupancy for a group child care home. the Conditional Use Permit shall be subject to review upon ten (10) days' notice to the applicant. Adopt the Meridian Fire Department's Recommendations as follows: 1.12 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. Adopt the Central District Health Department's Recommendations as follows: 1.13 Applicant shall obtain a daycare license through Central District Health Department if 12 or greater children are on site. ey/Z:\Work\M\Meridian 15360M\Purcell Day Care CUP\CUP.Rec RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -IN HOME DAYCARE -KATHY PURCELL HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Council Members CITY OF MERIDIAN_ ,.. ~ ; ~~w ~~BLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO 1~~~' BUIL~`D?NG DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 ~` ~ ~ ~99-~ ~_os) ss~-__ 11 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 ~~-~~~ PLAN~AIiNG AND ZONING ~ • ~i _ ~"' ~,~ yC~BI~ARTMENT KEITH BIRD ti,~ 1~=-~ ,~;,>1'~'~'~ (208) 884-5533 ~', i~'" TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3 1999 TRANSMITTAL DATE: July 6 1999. HEARING DATE: August 10, 1999 FILE NUMBER: CUP-99-025 REQUEST: CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY: KATHY PURCELL LOCATION OF PROPERTY OR PROJECT: 2241 E. CLARENE STREET TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, 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 ~IP4LICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: i HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (2os> ss4-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILD'NG DEPARTMENT (_08)887-__II GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887~~ /'~ ~ ~ ~ r. ~NDEPARTMENTNING KEITH BIRD ~,,+ a••r (208) 884-5533 JUL 0 6 1999 f/ity c;,f Meridian City Clerk Office TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3 1999 TRANSMITTAL DATE: July 6 1999 HEARING DATE: August 10, 1999 FILE NUMBER: CUP-99-025 REQUEST: CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY: KATHY PURCELL LOCATION OF PROPERTY OR PROJECT: 2241 E. CLARENE STREET TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, 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 bEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~ ~~~~ LL Coc7•e s ~ rc, NL~ ~ ,~ ~`~/~.JJ 0~,~~- I/ CHARLES ROUNTREE 33 EAST IDAHO = ~ ~ ` ~ ~~1~~~87_27 i 1 GLENN BENTLEY MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 ~ (r 7 1j '1 P~/j~I~lNG AND ZONING RON ANDERSON 77 DEPARTMENT KEITH BIRD `'~z t.`,- ~>f 1''~~ t ~ (208) 88.1-5531 ^I l1 *• f ~ { TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN . HUB OF TREASURE VALLEY LEGAL DEPARTMENT Mayor A Good Place to Live • (208) 884-4264 ROBERT D. CORRIE Council Members CITY OF MERIDIAl~ ; _, , . } PUBLIC WORKS ~ ~ ~ ~ !RING DEPARTMENT To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3 1999 TRANSMITTAL DATE: July 6 1999 HEARING DATE: August 10, 1999 FILE NUMBER: CUP-99-025 REQUEST: CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY: KATHY PURCELL LOCATION OF PROPERTY OR PROJECT: 2241 E. CLARENE STREET TAMMY DE WEERD, P/Z MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MALCOLM MACCOY, P/Z P/Z THOMAS BARBEIRO ADA COUNTY HIGHWAY DISTRICT , P/Z BYRON SMITH ADA PLANNING ASSOCIATION , KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT ROBERT CORRIE, MAYOR SETTLERS IRRIGATION DISTRICT RON ANDERSON, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) CHARLIE ROUNTREE, C/C WEST(PRELIM & FINAL PLAT) S U _KEITH BIRD, C/C . . INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C WATER DEPARTMENT BUREAU OF RECL,gMATION(PRELIM & FINAL) SEWER DEPARTMENT BUILDING DEPARTMENT ~ .~isf FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER REC~1 ~!~1~ J U L 0 7 ~~~~ Meridian City Water Superintendent 2 9 199 GiL O GCYL ~ G GUGC L ~ ~~'' I j, ,~,~'tilll Sherry R. Huber, President '"" `°°"" "' "" ""` Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marfyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S Eastlake Commissioner a-mail: teltus@achd.ada.id.us July 13, 1999 Kathy Purcell 2241 E. Clarene Street Meridian, ID 83642 Re: MCUP99-025 2241 E. Clarene Street Day-care The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission review. However, ACHD receives many calls from neighbors of day care centers concerning the volume of traffic and the number of parked vehicles near existing day care centers. Each parent typically makes two round trips per day (i.e. four one-way trips). The Institute of Transportation Engineers (ITE) data show that a typical day care created 4.65 vehicle trips per day per student. The proposed 12 student facility can be expected to generate 56 total vehicle trips per day. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived in writing by the District. If you have any questions please feel free to call me at 387-6177. Sincerely, Christy Richardson Development Analyst cc: Project file Chron file City of Meridian VR ~ e__~_x..Z T -~ 1-a ~ ~ t', Y Y ~~ J t; L v ~? 1999 8^~0 ~~ ~ CENTRAL CE •• DISTRICT 'HEALTH DEPARTMENT Rezone #. ~nditional Use # Preliminary /Final /Short Plat DISTRICT HEALTH DEPAR~PfENT Environmental Health Division --~ici-0.2,~ Return to: ^ Boise ^ Eagle Garden City Meridian Kuna ^ ACZ ^ I . We have No Objections to this Proposal. ~ U L ~ 6 999 ^ 2. We recommend Denial of this Proposal. ~~~ ~~, Syr 4 ~ ~ Q ~~ r r~ ~~~r ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I . This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. 14. Date: ~.1~ -~ red By: ~!~-~c~.l' Review Sheet mxo ioi9i ne. ~. uvi We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ,.._.~ ~- ~ .~-_y AUG - 9 1999 ~'ITY DF ~i~IIIDIA~T 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 August 4, 1999 Will Berg, cty Clerk City of Meridian 33 East Idaho Meridian, ID 53642 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: CUP-99-028 Expansion of Facility to Accommodate Existing Daycare g/3/ Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, ~~~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 September 21, 1999 City of Meridian City Clerk's Office Mayor and City Council Deaz Mayor and City Council, RE: ITEM #16 Conditional Use Permit 2241 East Clazene Meridian, ID 83642 SEP 21 1999 ~`~t~f c~~ Al~~fciiaa eicy t~~~ril~ Of~~~e VI l4 - E'~`'' a 1L. My name is Clark Baumgartner and I live at 2165 East Oakcrest in Meridian in the Wingate subdivision. All traffic coming off of Fairview Avenue must pass by 2241 East Clarene to get to my residence. My only concern regazding this item relates to signage and/or appearance of any day Gaze facility at the mentioned address. I would ask that if this item were approved that it would be on condition that in no way could the home advertise and/or acknowledge the practice of any such business. I am confident that you understand that I only want to protect my investment of purchasing a home in a residential azea, not commercial. I believe that if there was the appearance of a day Gaze business, that it would have a negative impact on the surrounding neighborhood. I apologize for not being able to attend tonight's meeting. I would certainly entertain any questions that you may have for me. Best Regazds, Clark Baumgartner 21654 East Oakcrest Meridian, ID 83642 Angel Sims From: clarkb [clarkbr~micron.com] Sent: Tuesday, September 21, 199910:55 AM To: 'simsa(cDa.meridian.id.us' Subject: City Council Meeting, 9/21/89 Item #16 `~,, °"_`_`~'°«,~ Angel, Thanks again for all your help. Let me know if you have any questions. «City Council Meeting 9-21-99.doc» Thanks, Clark Baumgartner Micron Personnel/Admin Recruiter 363-3701 clarkb micron.com r • MERIDIAN PLANNING & ZONING MEETING: AUGUST 31 1999 APPLICANT: KATHY PURCELL ITEM NUMBER: 5 REQUEST: CONDITIONAL USE PERMIT FOR IN-HOME DAYCARE -2241 E. CLARENE STREET AGENCY CITY CLERK: 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~" " 1~ Y ~. G~ r/~~ OTHER: Ali Materials presented at public meetings shall become property of the City of Meridian. ~~~~ 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 September 21, 1999 for the purpose of reviewing and considering the application of Kathy Purcell for a conditional use permit for in home daycare, which is generally located at 2241 E. Clarene Street. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hail, 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 1gt day of September, 1999. ANGE SIMS, DEPUTY CITY CLERK PUBLISH September 8 and 15, 1999. • O, N W z W V W ~ Q N T N J Z W (,~ ~ ~ a w z W QH Y 0 a • ~~- ~. d a~ 0 0 as t9~ o 0 m 0 0 M O ** TX CONFIRI~ON REPORT ** AS OF SEP 01 ~ 1402 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 0? 09/01 14 02 208 888 1097 MODE MIN/SEC PGS CMDkt STATUS EC--S 00'2?" 001 005 OK NOTICE OF HEARING NOTICE IS HEREBY GNEN pursuant to the Ordinances of the City of Meridian and the Laws of the Stafie of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Wall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on September 21, 1999 far the purpose of reviewing and considering the application of Kathy Purcell for a condltaonal use permit for in home daycare, which is generally located at 2241 E. Clarene Street. A more particular description of the above property is on file in the City Gerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 18~ day of September, 1999. ~_ ANGE SIMS, DEPUTY CITY CLERK PUBLISH September $ and 15, 1999, • 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 6:30 p.m. on August 31, 1999 for the purpose of reviewing and considering the application of Kathy Purcell for a conditional use permit for in home daycare, which is generally located at 2241 E. Clarene Street. 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 10"' day of August, 1999. PUBLISH August 11 and 25, 1999 ._ ~~~ ILLIAM G. BERG, JR. 1 CLERK '~~~~FSIFIFFIFt1 ~F' t~ w 's - Sl6AL - ~ 9 , ~ mfr, "~ C}~_ ?' 1~ ' ~'``~y ~,, ~. .` ~~ ,jfr~~h~~i~+~~~ a~~N~``~~,• ** TX CONFIRMAT~ REPORT ** AS OF AUG 10 '~4~11 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 11 08/10 14 10 208 888 1097 MODE MIN/SEC PGS CMD#t STATUS EC--S 00'28" 001 108 OK NOTICE OF HEARING NOTICE IS HEREBY GNEN pursuant to the Ordinances of th® City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Comrrtission 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 6:30 p.m. on August 31, 1999 for the purpose of reviewing and considering the application of Kathy Purcell for a conditional use permit for in home daycare, which is generally located at 2241 E. Clarene Street. 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. DATEb this 1 Ow day of August, 1999. WILLIAM G. BERG, JR., CITY CLERK PUBLISH August 11 and 25, 1999. r MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING OCTOBER 19. 1999 The pre-council meeting of the Meridian City Council was called to order at 6:50 p.m. on October 19, 1999 by Council President Charlie Rountree. MEMBERS PRESENT: Charlie Rountree, Ron Anderson, Glenn Bentley, Keith Bird. Mayor Corrie joined the meeting at 7:19 p.m. OTHERS PRESENT: Bill Gigray, Shari Stiles, Gary Smith, Will Berg. Rountree:. I'm going to go ahead and open the -where's the agenda - pre- council meeting scheduled for 6:45. It's now 6:50. The pre-council is open. Folks in the audience bear with us. This is the first time we've attempted to do something like this. We're learning. Hopefully to expedite things that are going to occur from 7:30 on until the wee hours of this morning. Like to first hear from Shari, specifically related to some of the information that we just received in our box. Are there any highlights there that you would like to advise us and from Mr. Gigray and from Gary Smith as it relates to some of the staff items later on? You can get us up to speed on some of the staff items so when they come up later on we can just go right to them. So, Shari, if you'd start. Stay away from the public hearings, per se, as it relates to the Findings and Facts and conditional use permits and the actions that we'll be taking, and if there's any recommended tablings that have come forth. ITEM 1. TABLED 1015/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY WILLIAM ~ LUCILE LEAVELL-END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: ITEM 2. TABLED 10/5199: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM ~ LUCILE LEAVELL: ITEM 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE STREET: ITEM 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY RAY CHASE/REGENT BUSINESS-1302 E. FIRST STREET: Meridian City Council Pre-Council Meeting October 19, 1999 Page 2 ITEM 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT BY BERTA WAGNER -NORTHWEST CORNER OF MERIDIAN ROAD AND TAYLOR AVENUE: ITEM 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 BAY CARPORT (BOAT STORAGE) AND REMOVE OR RELOCATE: EXISTING SMALL DETACHED GARAGE BY MEL AND DEBT LACY -1414 N. MERIDIAN ROAD: Stiles: Item 1, I believe we're still waiting for an annexation and zoning request for the parcel that was left out. There's a triangular piece that's an enclave, and staff had requested that be included as part of their request. Their attorney, Mr. Shoemaker, said the City had the ability to do that, and the City should be responsible for preparing that annexation and zoning, and Council did not agree or they didn't state they agree with them, and so I think we're still stuck at having that enclave and not being able to proceed with Items 1 and 2. As far as Item 2, they've also proposed some changes for the public roadway that was approved by Ada County Highway District Commission to come from Fairview Avenue. Now they have verbally discussed coming in through the Michner property for their access, and we haven't seen a new plan on that. Conditional use permits for a daycare, I don't know that there were any problems with that one. Let's see. On four, this was the Kids Club, conditional use permit to add another building to expand their facility for the daycare. The only thing that we had added to those Findings was to ask that they add some kind of architectural feature to the west side of the building such as awnings or windows or some kind of treatment that would be reviewed by staff. Number 5 is pretty straightforward, just to add some storage units on the remainder of the parcel owned by Berta Wagner where the Napa store is now. Number 6 is for expansion of a non- conforming use in a C-C zone. They're asking to add an attached two-car garage and a carport and relocate their detached garage. Besides being the non-conforming use, we'd ask that if that detached garage were going to be relocated that it meet all uniform building codes, uniform building and fire codes. Seven was - Rountree: Question, Shari. Are you satisfied that the Findings of Facts contain that information, or are you asking that be added to it? Stiles: That was in the Findings. Rountree: Okay. Don't confuse us. Meridian City Council Meeting October 19, 1999 Page 13 Bentley: I move we table Items 1 and 2, the Findings of Facts and Conclusions of Law for Creekside Arbour and the conditional use permit until November 3`d Bird: Second. Corrie: Motion is made and seconded to table Items No. 1 and No. 2 until November the 3`d for the development agreement. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE STREET:\ Corrie: Item No. 3 is the Findings of Facts and Conclusions of Law: Request for conditional use permit for in-home daycare by Kathy Purcell located at 2241 East Clarene Street. Council, you have your Findings of Facts and Conclusions of Law from the Planning and Zoning - I'm sorry. (inaudible) confusing. Any discussion? Bentley: I have none. Bird: I have none. Corrie: Hearing none, I'll entertain a motion on the Item No. 3. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings and Facts and Decision of Order on request for conditional use permit for home daycare, Item No. 3 Bentley: Second. Corrie: Motion made and seconded that we approve the Findings of Facts and Conclusions of Law on Item No. 3. Roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Meridian City Council Meeting October 19, 1999 Page 14 Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY RAY CHASE/REGENT BUSINESS-1302 E. FIRST STREET: Corrie: Item No. 4 is the Findings of Facts and Conclusions of Law: request for conditional use permit for expansion of facility to accommodate existing children by Ray Chase/Regent Business, 1302 E. First Street. You have the Findings of Facts in front of you. Any discussion? Bird: None. Corrie: Entertain a motion on the Findings of Facts. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Findings of Facts and Conclusions of Law and Decision of Order regarding the request for conditional use permit for expansion of facility to accommodate existing children by Ray Chase/Regent Business, 1302 E. First Street. Rountree: Second. Corrie: Motion made and seconded to accept the Findings of Facts and Conclusions of Law as stated. Any further discussion? Roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. ^ ~V October 15, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 19 1999 APPLICANT: KATHY PURCELL ITEM #: 3 REQUEST: FF&CL REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS 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: II ~ C ~ CENTRAL DISTRICT HEALTH: l NAMPA MERIDIAN IRRIGATION: ~~/" ~~ SETTLERS IRRIGATION: ~~' ll" I IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: ,, OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF KATHY PURCELL, FOR A CONDITIONAL USE PERMIT FOR IN-HOME DAY CARE AT 2241 E. CLARENE, MERIDIAN, IDAHO Case No. CUP-99-025 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 October S, 1999, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and the Applicant, Kathy Purcell, appeared and testified, and no one appearing in opposition, and the City Council having received the staff report and the record 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 October 5, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS KATHY PURCELL IN-HOME DAY CARE - 1 hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearings having been posted upon the property under consideration more than one ~veelc 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 said October 5, 1999, public hearing; 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. 2. 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 11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 2241 E. Clarene Street, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS KATHY PURCELL IN-HOME DAY CARE - 2 5. The owner of record of the subject property is Kathy Purcell of 2241 E. Clarene Street, Meridian. 6. Applicant is owner of record. 7. The subject property is currently zoned Medium Density Residential (R-8). The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408.B(4). 8. The applicant requests a conditional use permit for a group child care home with 12 or fewer children. The Medium Density Zoning Designation (R-8) zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for this use. (Meridian City Zoning and Development Ordinance, Section 11-2-409). 9. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 10. That the Applicant, Kathy Purcell, owner of the property, is granted a conditional use permit for a group child care home with 12 or fewer children, located at 2241 E. Clarene Street, Meridian, Idaho. The requested conditional use is described in the Site Plan, dated 5-22-97, Plan: 1102, Lot 13, Bloclc S, SUB: Dove Meadows PH 2, Street: E. Clarene St., Meridian, Ada County, Idaho, Sheet 1 of 6, BY: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS KATHY PURCELL IN-HOME DAY CARE - 3 Boyer Drafting design, Boise, Idaho, THE TRUAX COMPANY, for the development of the aforementioned projects and which property is described hereinbelow to-wit: Lot 13 in Bloclc 5 of DOVE MEADOWS SUBDIVISION NO. 2, according to the official plat thereof, filed in Boolc 73 of Plats at Pages 7577 and 7578, records of Ada County, Idaho. Common address known as 2241 E. Clarene Street, Meridian, Idaho. 11. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning 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 services to the subject real property within the planning jurisdiction of the City of Meridian. 11.A Conditions requested by the City of Meridian Planning and Zoning Administrator and Assistant City Engineer within their Memorandum dated August 11, 1999, be required as follows: Adopt the recommendations of the Assistant City Engineer and Planning and Zoning Administrator as follows: 11.1 Applicant shall provide a minimum of one (1) off-street parking space per employee of the day care and adequate off-street loadingf unloading areas for children. Garage and driveway areas may accommodate this. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS KATHY PURCELL IN-HOME DAY CARE - 4 11.2 No signage shall be allowed. 11.3 Sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 11.4 Zoning CertiFcate and Certificate of Occupancy for the daycare are required prior to operation. 11.5 Screened trash enclosures are to be provided in accordance with City Ordinance for any external trash areas. 11.6 The Group Child Care Home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 11.7 Applicant shall provide a minimum 6-foot solid fence of appropriate construction to enclose play areas, protect children from surrounding traffic, and to provide a buffer between adjacent properties. 11.8 Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide a copy of license to the City of Meridian. Operator's license shall be on-site for City inspection at all times. 11.9 Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 11.10 Applicant shall coordinate with Meridian Fire Department to conduct an inspection prior to operation. 11.11 Violation of any of the above conditions shall be cause to revoke a zoning certificate and certificate of occupancy for a group child FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS KATHY PURCELL IN-HOME DAY CARE - 5 care home. the Conditional Use Permit shall be subject to review upon ten (10) days' notice to the applicant. Adopt the Meridian Fire Department's Recommendations as follows: 11.12 Applicants shall satisfy all fire code requirements including those pertaining to water flow and Aire hydrants. Adopt the Central District Health Department's Recommendations as follows: 11.13 Applicant shall obtain a daycare license through Central District Health Department if 12 or greater children are on site. 12. 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. 13. The uses proposed within the subject application will be subject to the conditions set forth in Finding of Fact no. 11 and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 14. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 15. The uses proposed within the subject application will be served FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS I<.ATHY PURCELL IN-HOME DAY CARE - 6 adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 16. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 17. 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. 18. 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 Idaho Code § 67-6512 provides in part that: (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 special 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS KATHY PURCELL IN-HOME DAY CARE - 7 (C) That upon the granting of a special 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; 5) 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. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of § 11-2-418 Municipal Code. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS KATHY PURCELL IN-HOME DAY CARE - 8 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: 1. That the Applicant, Kathy Purcell, is granted a conditional use permit for a group child care home with 12 or fewer children, located at 2241 E. Clarene Street, Meridian, Idaho. The requested conditional use is described in the Site Plan dated 5- 22-97, Plan: 1102, Lot 13, Bloclc 5, SUB: Dove Meadows PH 2, Street: E. Clarene St., Meridian, Ada County, Idaho, Sheet 1 of 6, BY: Boyer Drafting design, Boise, Idaho, THE TRUAX COMPANY, for the development of the aforementioned projects and which property is described hereinbelow to-wit: Lot 13 in Block 5 of DOVE MEADOWS SUBDIVISION NO. 2, according to the official plat thereof, filed in Boolc 73 of Plats at Pages 7577 and 7578, records of Ada County, Idaho. Common address known as 2241 E. Clarene Street, Meridian, Idaho. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: 2.1 Applicant shall provide a minimum of one (1)off-street parking space per employee of the day care and adequate off-street loadingf unloading areas for children. Garage and driveway areas may accommodate this. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS KATHY PURCELL IN-HOME DAY CARE - 9 2.2 No signage shall be allowed. 2.3 Sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 2.4 Zoning Certificate and Certificate of Occupancy for the daycare are required prior to operation. 2.5 Screened trash enclosures are to be provided in accordance with City Ordinance for any external trash areas. 2.6 The Group Child Care Home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 2.7 Applicant shall provide a minimum 6-foot solid fence of appropriate construction to enclose play areas, protect children from surrounding traffic, and to provide a buffer between adjacent properties. 2.8 Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide a copy of license to the City of Meridian. Operator's license shall be on-site for City inspection at all times. 2.9 Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 2.10 Applicant shall coordinate with Meridian Fire Department to conduct an inspection prior to operation. 2.11 Violation of any of the above conditions shall be cause to revoke a zoning certificate and certificate of occupancy for a group child care home. the Conditional Use Permit shall be subject to review upon ten (10) days' notice to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS KATHY PURCELL IN-HOME DAY CARE - 10 2.12 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.13 Applicant shall obtain a daycare license through Central District Health Department if 12 or greater children are on site. 3. 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 Clerlc upon the applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS KATHY PURCELL IN-HOME DAY CARE - 11 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. / h By action of the City Council at its regular meeting held on the l ~~~ day of ~G~ ~~~ , 1999. ROLL CALL COUNCILMAN ANDERSON VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN BIRD VOTED COUNCILMAN ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED:_ ~-'~~~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS KATHY PURCELL IN-HOME DAY CARE- - 12 MOTION: APPROVE ISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. ity Cleric Dated: ~L~~! l ~`~ ms~Z:\Worlc\M\Meridian 15360M\Purcell Day Care CUP\CUPFfCIsOrdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW ~~~~~~~~ ~3;i~irrrrr r, ~ ~; Tt O r w: ~.~ tJ -~ 'y~43 ,~nf ~`~t1P~f~~ ~ • ~,'',~rrrrr:r73i1 fitt~~~~,`'``,`t AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS KATHY PURCELL IN-HOME DAY CARE - 13 Meridian City Council Meeting October 5, 1999 Page 36 Corrie: Mr. Bentley. Bentley: I move we adopt the recommendations and the Findings from Planning and Zoning with the changes on Page 3 at 1.9, last sentence to remove Certificate of Occupancy and add the words building permit. Then on Page 4, we change 1.19 to read: Applicant shall construct curb, gutter and sidewalk adjacent to Leisure Lanz and match the pavement along his property. And that's all the changes I'd have. Anderson: Second. Corrie: Okay. Motion is made and seconded to approve the recommendation of the Planning and Zoning with the recommendation of the new additions of 1.9 on Page 3 and 1.19 change on Page 4. Okay, and to issue a new Findings of Facts and Conclusions of Law (inaudible). Bentley: Yes, with a (inaudible) review. Corrie: All right. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Motion is carried, so Mr. Attorney, if you'll have those drawn up fcr us. Rossman: We will, Mr. Mayor. Corrie: Item No. 18 is a conditional - Bentley: Mr. Mayor, I move we take aten-minute break. Bird: I second that. Corrie: All right. We'll take - be back here at 9:10. (Whereupon the meeting was in recess at 9:00 p.m.) 17. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE STREET: Corrie: All right. I'll reconvene the City Council at 9:10. Let's start with Item '18. This is a continued public hearing. This is a request -okay, guys. Chief, thank you. We're in Item No. 18 now. Request for annexation and zoning of 4.34 acres - Stiles: Item 17. Meridian City Council Meeting October 5, 1999 Page 37 Bentley: Seventeen. We skipped 17. Corrie: Oh. I'm sorry (inaudible). Okay. I've got the wrong Findings of Facts in place here. Okay. Let's step back. It's Item No. 17, a continued public hearing: Request for conditional use permit for in-home daycare by Kathy Purcell located at 2241 East Clarene Street. At this time I will open the public hearing on Item 17. Staff, comments? Stiles: Mr. Mayor and Council, this is for a group childcare home in Dove Meadows Subdivision. Capital Christian Church is in this area here. Hickory Road off Fairview Avenue going back to Packard Estates. We ask that you - we would recommend approval with the conditions from the Planning and Zoning Commission, and we have had some response from some of the neighbors within the subdivision stating that their covenants do not allow this type of use; however, we have let them know that the City does not enforce their covenants and that they would need to seek legal counsel if they were to enforce those covenants against this. No signage is approved as part of the application, and they would need to provide the fencing and also get a Health and Welfare license for the childcare. Corrie: Okay. Thank you, Shari. Since this is a continued public hearing, is there anyone from the public that would like to issue testimony? Is the applicant here tonight? Yes, ma'am. Would you come up, please. Give your name and address, please. Purcell: I am Kathy Purcell and I'm at 2241 East Clarene Street. I'm just one inspection from my license, and the fence is already completed and up, so I'm in agreement with staff's comments and conditions. Corrie: Okay. All right. Questions, Council? Bird: I have none. Corrie: All right. Thank you. Anyone else in the public that would like to issue testimony on Item No. 17? Okay. Hearing none, I'll entertain a motion to close the public hearing. Bird: So moved. Corrie: Is there a second? Anderson: Second. Corrie: Motion made and second to close the public hearing on Item No. 17. All those in favor say aye. Meridian City Council Meeting October 5, 1999 Page 38 MOTION CARRIED: ALL AYES Corrie: Comments or questions of staff? Bird: I have none. Anderson: I have none. Corrie: All right. I'll entertain a motion on the recommendation for a request fog a conditional use permit. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we pass on the -have the attorneys Findings of Facts and Conclusions of Law for the conditional use permit for home care daycare of Kathy Purcell located at 2241 East Clarene Street with the conditions of the Planning and Zoning enforced. Corrie: Okay. Bentley: Second. Corrie: Motion made and seconded to have the attorneys draw up Findings of Facts and Conclusions of Law and based upon the conclusions and recommendations of the Planning and Zoning Commission. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I have a question. Is that motion then reflect favorable? Bird: Favorable. Yeah. Corrie: Thank you, Mr. Anderson. Any other questions or comments? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES 18. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R-T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 20 Rutherford: Yeah, assuming that professional of>:ICes are proposed on the site (inaudible) in the yellow zone we'd handle it with (inaudible). Borup: Thank you. De Weerd: Mr. Chairman, I move that we recommend approval for the rezone of .6 acres from R-8 to L-O on Cherry Lane and Leisure Lane to incorporate all staff comments. Barbeiro: I second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES: ITEM NUMBER 5. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE STREET: Borup: Brad. De Weerd: Brad, do we have any pictures on this one? Hawkins: We have an architectural rendering for you. Commissioner's this is a request for a conditional use permit to increase the number of children. She currently has a accessory use permit. The location is Dove Meadows Subdivision. Currently has a AUP for family daycare, 1 to 5 children. The ordinance requires a conditional use permit for 6-12 children and she is proposing to increase the number of kids at her daycare to a group child care home status. That could be 6-12 kids. We do ask that you incorporate staff comments from August 11tH Borup: Thank you. Any questions for Brad. Hawkins: This is the area and floor plan of the house and the principal area for daycare would be the highlighted room there. Borup: Thank you. Is the applicant here this evening. Purcell: That is me and I have never done this before so I am really nervous. My name is Kathy Purcell. I live at 2241 E. Clarene. Borup: Have you had a chance to review the staff comments? Purcell: I just got them today. Briefly. Borup: You just got them today? Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 21 Purcell: Yes. I picked them up at the Clerk's Office this afternoon. Borup: They were prepared on the 11tH Purcell: I did not receive any. I got a call from Linda. She asked me if I received them and I said no. I know that they had a concern regarding the play area in the backyard. Number 11. The idea that I have for the type of daycare that I want to have and why a good reason-I got to have enough room to have mind, but I am going to set it up to where there is going to be groups. Not all, and I won't have up to 12 children. My idea was more of 8, included 2 and one on the way. But, I am going to hold groups v,rhere were we have activity areas and inside and also activity scheduled, supervised activities outside. Mostly I have school age children that go to school year around, so I won't have all of them there. I also do utilize part of the dining room and the living room. They kind of like the 27 inch TV in the living room for quiet time. I let them rest. They have movie time and they can either go to sleep, that is fine, if not when the movie is over they go back to the main area for either craft time or different craft time in the dining area. It is more a creative and challenging-I mostly have school age though I do have-my daughter is 2 and my son is 7. There was a question regarding the vehicles from ACHD and just more of the traffic. I have the one mother that has-she has 3 kids so it's just her car that comes. I have another one that's waiting to come and she has 3 children also. That would pretty much-I might have drop ins occasionally depending on who is in desperate need or who needs help that day. In that aspect, I have plans to just 2 cars that come and then my helper that comes during the day. I think that was the only real questions that I ran across that really wouldn't be a problem. Borup: Commissioner's any questions? Mr. Barbeiro. Barbeiro: Mrs. Purcell, you are aware that the City of Meridian is drafting a child care licensing ordinance that may change the requirements for your existing daycare. The person that is coming in to assist you. I am assuming that this is some one who comes in the mornings and then in the afternoons you said most of the children are school age. Purcell. Yes, the 3 that I have are off-track and they are there all day, but she does come in and help. If I am reading where you question is going, all left that I need to do in order to get my license, which I was planning on doing, is just have the Central District Health inspection. I have taken the first aide and CPR classes and the finger printing, which has taken for ever. I have done that about 2 months ago and I am planning on having my helper do it as well just in the case that she is left alone with them. Barbeiro: Okay. It is fortunate now that you'll only-have 2 parents coming in on a regular basis as each of them have 3 children each. That may chance next month and you'll all of a sudden have 8 parents coming in and out dropping children off. Have you, with regards to the neighbors, that can be a little frustrating for neighbors to have. Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 22 Purcell: My neighbors, probably not. They're-I made sure and took the time to talk to -especially the neighbors that are on the road anywhere around my house. I discussed and talked with them about it and made sure that-and actually most of them are going to be gone and won't be back until after the majority of the children are picked up. I do have, and you actually can't see it, I have an extended concrete pad which my actually driveway will hold 4 cars. I park my car in front of my house to deter, in case there is a problem with trying to do U-turns in front of my house. That way it leaves them more space just pull in, back up and pull out. Usually the parent I have now she picks up at 5:30. The parent I will have, she picks up at 5. There will be, at least right now, space in-between the drop-offs and pickups so it is not real congested at any certain specific time. Barbeiro: The play area requiring the 6 foot solid fence, I presume that is your backyard. It is currently set up with a 6 foot solid fence? Purcell: Yeah, it seems taller, but yeah. Barbeiro: Is the front yard fenced off or is it open. Purcell: The front yard is a lot smaller and yes it is open, but the back yard is completely enclosed. Barbeiro: You did not intend to have the children- Purcell: Absolutely not. Borup: While your on the fence, where does the side fence line go to? Purcell: It goes to approximately 2 feet back on the garage side. It goes across and back all the way down the actual border of the house and the other side goes in- between, it goes between the living room and the 3~d bedroom, but that whole side is enclosed off and the kids are not-it is completely fenced out area where they can't go to. Borup: The point that I was looking at is if there is-you probably have more play space than the 3700 feet. Purcell: It seems pretty big to me. Borup: Just looking where you got fence, it's probably more than that cause your some on the side and a patio area, etc. Commissioner's procede. Barbeiro: If I may ask staff (inaudible) if there is a washer and dryer-can you tell me what the doors are between the washer and dryer-just a simple metal folding door between them? Meridian Planning and Zoning Commission Special Meeting August 31, 1999 Page 23 Purcell: It's a vinyl by folding door. Barbeiro: Staff is there any concern with having that dryer within a area like that where the potential exists for (inaudible) seeing that there is no ire enclosure or separation with the dryer and the main area where the daycare would be. Hawkins: The site is inspected and with this request to go to the new to the higher number of kids, both the fire dept. and planning and zoning staff would do an or-site inspection. For the most part, I am not aware of any City Ordinances that specific those kinds of safety issues. It could potentially brought up with any kind of licensing from the Dept. of Health and Welfare. They have a few more safety standards than the city does. Barbeiro: I would defer to the Meridian Fire Dept. on factoring their in-house inspection. Purcell: I've had an inspection from the Fire Dept. and from Planning and Zoning all ready for my first permit. At that point, they had no concerns. Borup: Any other Commissioner's? Okay. Thank you Miss Purcell. Do we have anyone here in the audience want to stand and comment on this application. Seeing none. Commissioner's. De Weerd: Mr. Chairman, I move we close the public hearing. Hatcher: I second it. Borup: All in favor? MOTION CARRIED: ALL AYES. Borup: Okay. De Weerd: Mr. Chairman, I move that we recommend approval of the conditional use permit for in home daycare on 2241 E. Clarene Street to include staff comments. Barbeiro: Second the motion. Borup: We have a motion and a second. All in favor? MOTION CARRIED: ALL AYES ITEM NUMBER 6. PUBLIC HEARING: REQUEST FOR ANNEXATION ANU ZONING OF 4.34 ACRES (R-T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: Hawkins: Mr. Chairman just for clarification did you say Item number 6 on the agenda? MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 63 16. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE STREET: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 17. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R-T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC HEARING UNTIL 10/5!99) 18. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000 SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 19. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 20. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC--SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) Rountree: For those of you who have been here all night listening to hearings, it's past 10:30, and we will not open by recommendation of the Council additional public hearings this evening. Those hearings, point of information from Council, we should continue those; is that correct? Anderson: To a date certain. Rountree: To a date certain? Do we have to do that on each individual one or can that be done as a group? Gigray: Mr. President, members of the Council, I believe that if you entertain a motion with regards to all the public hearings so long as you list the items on the agenda that you'd be referring to, and then list the date certain upon which those public hearings will be conducted. I suppose you're looking at October Stn Rountree: Mr. Bentley. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 64 Bentley: Mr. President, I would move that we continue the public hearings for Items No. 13 through Item 20 until October 5"', 1999, and that is on the revised 9/20/99 agenda. Bird: Second. Rountree: Been moved and seconded to continue public hearings on .agenda Items No. 13, 14, 15, 16,.17, 18, 19 and 20 until our next regularly scheduled meeting October 5"'. Any discussion? All those in favor'? MOTION CARRIED: ALL AYES Rountree: I'm sorry for that; because of the lateness of the evening we've got to move on. Everybody understand that it'll be October 5~'? Okay. It'd be on the front of the agenda. We won't have anothertwo-hour hearing between you and - Bentley: Table the rest? Rountree: Well, we can move on the rest if -- I mean, it shouldn't take Bird: Shouldn't take as long to go through these. 21. REQUEST FOR FINAL PLAT OF TREMONT PLACE SUBDIVISION NO. 1 AND 2 BY LARRY HANSEN AND LUNA VISTA, INC. -BROADWAY AND 8T" STREET (951 W. PINE): (APPROVE) Rountree: We've just got some preliminary plats. Next on the agenda would be Item 21, the final plat for Tremont Place Sub No. 1. Staff, any comments? Stiles: Mr. President, Council, this is for the Tremont Place Subdivision, it was submitted as No. 1 and No. 2. This area right here, the Hansens owned and they decided to combine these two plats for a final plat. We have received a response from the applicant; they have indicated concurrence with our recommendations, and we would recommend approval. Rountree: Any questions for Shari? Bird: I have none. Rountree: It doesn't appear that there is anybody here representing the applicants. Was Bob -okay. He's gone. Need a motion for consideration of the final plat for approval. Bentley: Mr. President. October 1, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 5 1999 APPLICANT: KATHY PURCELL ITEM #: 17 REQUEST: CONDITIONAL USE PERMIT FOR IN HOME DAYCARE AGENCY GITY CLERK: 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: COMMENTS REFER TO PACKET OF 9/21/99 N4'° Y~r"` 4~'"`~ P ~,~` OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21 1999 APPLICANT: KATHY PURCELL AGENDA ITEM NUMBER: 16 REQUEST: CONDITIONAL USE PERMIT FOR IN HOME DAYCARE AGENCY COMMENTS CITY CLERK: 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: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS BUREAU OF RECLAMATION: n-ruco• All Materials presented at public meetings shall become property of the City o an. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Ci CITY OF MERIDIAN ty Council Members CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 KEITH BIRD MEMORANDUM: To: Planning & Zoning Commission From: Bruce Freckleton, Assistant to City Engineer Brad Hawkins-Clark, Assistant Planner ~g~ LEGAL DEPARTMENT 003) '_88-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 834-5533 • Faz 887-1297 August 11, 1999 Re: REQUEST FOR CONDITIONAL USE PERMIT FOR A GROUP CHILD CARE HOME IN DOVE MEADOWS SUBDIVISION -- by Kathy Purcell We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: Ms. Purcell obtained an Accessory Use Permit on June 10, 1999 to operate a Family Day Care for 1-5 children. She is proposing to increase the total number of children attending her day caze to between 6 and 12 children. City ordinance requires a C.U.P. for all Group Child Care Homes in the R-8 zone. 1. Provide a minimum of one (1) off-street parking space per employee of the day care and adequate off-street loading/unloading areas for children. Garage and driveway areas may accommodate this. 2. No signage shall be allowed. 3. Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments. Please provide any information that you may have with regazd to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 4. Zoning Certificate and Certificate of Occupancy for the daycaze are required prior to operation. 5. Screened trash enclosures aze to be provided in accordance with City Ordinance for any external trash areas. Purcell.CUP Mayor, Council and P&Z August 11, 1999 Page 2 6. The Group Child Caze Home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 7. Applicant shall provide a minimum 6-foot solid fence of appropriate construction to enclose play areas, protect children from surrounding traffic, and to provide a buffer between adjacent properties. 8. Applicant shall secure and maintain a child Gaze license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide a copy of license to the City of Meridian. Operator's license shall be on-site for City inspection at all times. 9. Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 10. If the conditional use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating to ensure the standazds for a Group Child Care Home aze met. 11. The outdoor play area is approximately 3,700 s.f. in size. At the maximum number of children allowed (12), this would provide approximately 308 s.f. of play area per child. The Idaho Health and Welfare Department does not have established standards for this ratio. However, staff believe the space provided may be inadequate for the increased number of children proposed and encourage use of parks and/or neighborhood common azeas when possible. 12. The City of Meridian is not responsible for enforcement of subdivision CC&Rs. Applicant is responsible to ensure Group Child Caze Homes comply with any active CC&Rs for Dove Meadows. 13. Violation of any of the above conditions shall be cause to revoke a zoning certificate and certificate of occupancy for a group child caze home. The Conditional Use Permit shall be subject to review upon ten (10) days' notice to the applicant. Puroell.CUE' BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR IN-HOME DAY CARE AT 2241 E. CLARENE KATHY PURCELL, Applicant Case No. CUP-99-025 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is located at 2241 E. Clarene Street, Meridian, Idaho. 2. The owner of record of the subject property is Kathy Purcell of 2241 E. Clarene Street, Meridian. 3. Applicant is owner of record. 4. The subject property is currently zoned Medium Density Residential (R-8). The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408.B(4). 5. The applicant requests a conditional use permit for a group child care home with 12 or fewer children. The Medium Density Zoning Designation (R-8) zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for this use. (Meridian City Zoning and Development Ordinance, Section 11-2-409). RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -IN HOME DAYCARE - I~A.THY PURCELL 6. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Assistant Planner and Assistant City Engineer Recommendations as follows: 1.1 Applicant shall provide a minimum of one (1) off-street parking space per employee of the day care and adequate off-street loading/unloading areas for children. Garage and driveway areas may accommodate this. 1.2 No signage shall be allowed. 1.3 Sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 1.4 Zoning Certificate and Certificate of Occupancy for the daycare are required prior to operation. 1.5 Screened trash enclosures are to be provided in accordance with City Ordinance for any external trash areas. 1.6 The Group Child Care Home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 1.7 Applicant shall provide a minimum 6-foot solid fence of appropriate construction to enclose play areas, protect children from surrounding traffic, and to provide a buffer between adjacent properties. RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -IN HOME DAYCARE -KATHY PURCELL 1.8 Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide a copy of license to the City of Meridian. Operator's license shall be on-site for City inspection at all times. 1.9 Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 1.10 Applicant shall coordinate with Meridian Fire Department to conduct an inspection prior to operation. 1.11 Violation of any of the above conditions shall be cause to revoke a zoning certificate and certificate of occupancy for a group child care home. the Conditional Use Permit shall be subject to review upon ten (10) days' notice to the applicant. Adopt the Meridian Fire Department's Recommendations as follows: 1.12 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. Adopt the Central District Health Department's Recommendations as follows: 1.13 Applicant shall obtain a daycare license through Central District Health Department if 12 or greater children are on site. ey/Z:\Work\M\Meridian 15360MU'urcell Day Care CUP\CUP.Rec RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -IN HOME DAYCARE - I~A,THY PURCELL NUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live ('O8) 881.161 ~„d„~;I Mem~ers CITY OF MERIDIAN . ~:-. ~-y ~~'BLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO ~'` ~' i~ BUILD[NG DEPARTMENT '('y ,(~+C~~j (~08) 387-" t I GLENN BENTLEY MERIDIAN, IDAHO 83642 y , ~~ `1 Phone (208) 888-4=133 • Fax (208) 887-4813 ~`~ ~' PLANNING AND ZONING RON ANDERSON , ti's:'~' rtDEF+ARTMENT KEITH BIRD ~, it~w ~~-~~, ~>r ~~ ` " ~ ~IZOS) 881-;>33 t> i~'' TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3 1999 TRANSMITTAL DATE: July 6 1999 HEARING DATE: August 10, 1999 FILE NUMBER: CUP-99-025 REQUEST: CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY: KATHY PURCELL LOCATION OF PROPERTY OR PROJECT: 2241 E. CLARENE STREET TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, 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 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live ('_OS) 831.1,61 ~cil Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 837-''' I I GLENN BENTLEY IVIERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4-133 • Fax (208) 8871 ~ ~ I + j ~~NNING AND ZONING G V DEPARTMENT KEITH B[RD (Z08) 831-i>33 ~~;~~ ~ ~ ~~9~~ City of 1~1~:ridi»n City Olerk Office TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3 1999 TRANSMITTAL DATE: July 6 1999 HEARING DATE: August 10, 1999 FILE NUMBER: CUP-99-025 REQUEST: CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY: KATHY PURCELL LOCATION OF PROPERTY OR PROJECT: 2241 E. CLARENE STREET TAMMY DE WEERD, P!Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, 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 C ITY ATTO R N EY _CITY ENGINEER CITY PLANNER MERIDJAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~ ~~~ / L L y c`~.e s c.~ ~ c.t.. Af~~ a .~ ~' Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY LEGAL DEPARTMENT A Good Ptace to Live (308) 881-1'61 CITY OF MERIDIA T PUBLIC WORKS i-~ ~' (~' j ~_ BU(LD1NG DEPARTMENT 33 EAST IDAHO 1 ~ j' ' ~' i~'~l 87-331 I MERIDIAN, IDAHO 83642 , Phone (208) 888-4=133 • Fax (208) 887-4813 ~~ t.! i_ l~ ~ P~~Q;nIING AND ZONING DEPARTMENT ry~it*- ~~~ ayI\ (308)881-SS33 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3 1999 TRANSMITTAL DATE: July 6 1999 HEARING DATE: August 10, 1999 FILE NUMBER: CUP-99-025 REQUEST: CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY: KATHY PURCELL LOCATION OF PROPERTY OR PROJECT: 2241 E. CLARENE STREET TAMMY DE WEERD, P/Z MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MALCOLM MACCOY, P/Z ADA COUNTY HIGHWAY DISTRICT THOMAS BARBEIRO, P/Z ADA PLANNING ASSOCIATION BYRON SMITH, P/Z KEITH BORUP, P2 CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT ROBERT CORRIE, MAYOR DISTRICT SETTLERS IRRIGATION RON ANDERSON, C/C . IDAHO POWER CO.(PRELIM & FINAL PLAT) CHARLIE ROUNTREE, C/C WEST(PRELIM & FINAL PLAT) S U _KEITH BIRD, C/C . . INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C BUREAU OF RECLAMATION(PRELIM & FINAL) WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT ~f' KS ~ ~~ FIRE DERARTMENT :~ YOUR CONCISE REMAR POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER Jt1L 0 l i~~9 hleridian City Water Superintenci~nt D GL o~tnt ~ w~ ~~ t~~ 2 9 199 CI Y Ur _vi~:'t[Ill NI Sherry R. Huber, President 3 8 ast 7th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S Eastlake Commissioner a-mail: tellus@achd.ada.id.us July 13, 1999 Kathy Purcell 2241 E. Clarene Street Meridian, ID 83642 Re: MCUP99-025 2241 E. Clarene Street Day-care The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission review. However, ACHD receives many calls from neighbors of day care centers concerning the volume of traffic and the number of parked vehicles near existing day care centers. Each parent typically makes two round trips per day (i.e. four one-way trips). The Institute of Transportation Engineers (ITE) data show that a typical day care created 4.65 vehicle trips per day per student. The proposed 12 student facility can be expected to generate 56 total vehicle trips per day. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. If you have any questions please feel free to call me at 387-6177. Sincerely, r~ .~ Christy Richardson Development Analyst cc: Project file Chron file City of Meridian ~T ~~+.~ii ~~~ 1 J U L 3 '' 1999 ~;itv ~i ~,iv,ri„inn. City t;terr :,:rice ~~~ ~ / ~ ~ CENTRAL ~~ DISTRICT ~1'1'HEALTH DEPARTMENT Rezone # Conditional Use # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Preliminary /Final /Short Plat Return to: ^ Boise ^ Eagle Garden City Meridian Kuna ^ Acz ^ I . We have No Objections to this Proposal , . , ; I ,, ~,;,-. ^ 2. We recommend Denial of this Proposal. ,~...~. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. 14. Date: -Z/~/~ red By: ~~l~~1 Review Sheet CDHD 10/91 rcL, rn. 1/97 We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store T, Ty r ~; ~~~ AUG - 9 1999 CITY OF di~EIIIDIJ~'~ '!?a.~x~ia & 7~f~~cid~a~ ~Imugatcac~ ?~iQ.bcict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 August 4, 1999 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, cty Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: CUP-99-028 Expansion of Facility to Accommodate Existing Daycare g/,3/ Dear Commissioners: The Nampa & Meridian In-igation District has no comment on the above referenced application. Sincerely, ~~~~~~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 September 21, 1999 City of Meridian City Clerk's Office Mayor and City Council Dear Mayor and City Council, RE: ITEM #16 Conditional Use Permit 2241 East Clazene Meridian, ID 83642 ~~c~~v~p ~~~ 2 ~ X999 t,`it~, cat IF~icrictinn C1ty Clerk Offine VI14 - EMKIIL My name is Clark Baumgartner and I live at 2165 East Oakcrest in Meridian in the Wingate subdivision. All traffic coming off of Fairview Avenue must pass by 2241 East Clarene to get to my residence. My only concern regazding this item relates to signage and/or appeazance of any day caze facility at the mentioned address. I would ask that if this item were approved that it would be on condition that in no way could the home advertise and/or acknowledge the practice of any such business. I am confident that you understand that I only want to protect my investment of purchasing a home in a residential azea, not commercial. I believe that if there was the appeazance of a day care business, that it would have a negative impact on the surrounding neighborhood. I apologize for not being able to attend tonight's meeting. I would certainly entertain any questions that you may have for me. Best Regazds, Clazk Baumgartner 21654 East Oakcrest Meridian, ID 83642 ~~ ~ • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) KATHY PURCELL, FOR A CONDITIONAL USE) PERMIT FOR A GROUP CHILD CARE HOME ) LOCATED AT 2241 E. CLARENE STREET, ) MERIDIAN, IDAHO ) CASE NO. CUP-99-02~ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 19th day of October, 1999, 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: 1. That the Applicant, Kathy Purcell, owner of the property, is granted a conditional use permit for a group child care home with 12 or fewer children, located at 2241 E. Clarene Street, Meridian, Idaho. The requested conditional use is described in the Site Plan, dated 5-22-97, Plan: 1102, Lot 13, Bloclc 5, SUB: Dove Meadows PH 2, Street: E. Clarene St., Meridian, Ada County, Idaho, Sheet 1 of 6, BY: Boyer Drafting design, Boise, Idaho, THE TRUAX COMPANY, for the development of the aforementioned projects and which property is described hereinbelow to-wit: Lot 13 in Bloclc 5 of DOVE MEADOWS SUBDIVISION NO. 2, according to the official plat thereof, filed. in Boolc 73 of Plats at Pages 7577 and 7578, records of Ada County, Idaho. Common address known as 2241 E. Clarene Street, Meridian, Idaho. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 1 OF 3 KATHY PURCELL -GROUP CHILD CARE HOME WITH 12 OR FEWER CHILDREN • • 2. That the above named applicant is granted a conditional use permit for a group child care home with 12 or fewer children, located at 2241 E. Clarene Street, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Applicant shall provide a minimum of one (1) off-street parking space per employee of the day care and adequate off-street loading/unloading areas for children. Garage and driveway areas may accommodate this. 2.2 No signage shall be allowed. 2.3 Sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 2.4 Zoning Certificate and Certificate of Occupancy for the daycare are required prior to operation. 2.5 Screened trash enclosures are to be provided in accordance with City Ordinance for any external trash areas. 2.6 The Group Child Care Home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 2.7 Applicant shall provide a minimum 6-foot solid fence of appropriate construction to enclose play areas, protect children from surrounding traffic, and to provide a buffer between adjacent properties. 2.8 Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide a copy of license to the City of Meridian. Operator's license shall be on-site for City inspection at all times. 2.9 Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 2.10 Applicant shall coordinate with Meridian Fire Department to conduct an inspection prior to operation. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 2 OF 3 KATHY PURCELL -GROUP CHILD CARE HOME WITH 12 OR FEWER CHILDREN • 2.11 Violation of any of the above conditions shall be cause to revoke a zoning certificate and certificate of occupancy for a group child care home. The Conditional Use Permit shall be subject to review upon ten (10) days' notice to the applicant. 2.12 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.13 Applicant shall obtain a daycare license through Central District Health Department if 12 or greater children are on site. 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. 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 the l < ~ day of ' , 1999. Bert D. Corne, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. B ~~~~ ~-' Dated: City Cleric la_l~~ ~ ~ msg/Z:\Work\M\Meridian 15360M\Purcell Day Care CUP\CUPOrder `,,```IlO~rr1111l11rr~li~'' ~.~'~ Tip ~~ SEAL /~~'~~~ C~'iINTY ~ ~~~`~ /!l7/1/1171 41451j1~\ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 3 OF 3 KATHY PURCELL -GROUP CHILD CARE HOME WITH 12 OR FEWER CHILDREN