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Home My WebLink AboutWest, Donna & Thomas AUP 99-002HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2 1999 TRANSMITTAL DATE: February 16, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: AUP-99-002 REQUEST: ACCESSORY USE PERMIT FOR A DAYCARE OF FIVE OR LESS CHILDREN BY: DONNA & THOMAS WEST LOCATION OF PROPERTY OR PROJECT: 988 NW 13T" AVENUE TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ~. `- .. .~ CJ CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 R~CE"~D JAN 1 5 1999 CITY OF 117[::. ;~~ZAN PLAriNING cS. ~.~=s.~'ING - ooh, ACCESSORY USE APPLICATION APPLICANT: 1~Df7/l~ ,~ ~/IOh'lk5 ~ ~~(l ~'~ Phone:zU~ gb ~~~ (Owner or holder of valid option) ADDRESS: ~ g g /y //l~ 13 ~h ~~ e- 1'Yl ~ i~ ~ ~~ ~ ~- n Z ~ $ 3 ~ GENERAL LOCATION: 1 Yl ~2 Sf d' ~ 3 ~ ~ ~~ LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy): ~-v~" /Z ~~./~ ~ PROOF OF OWNERSHIP: Copy of property deed must be attached, with option agreement and notarized consent of owner if applicant is not legal owner. SIZE OF PARCEL OR LOT: -70k/~~ ZONING CLASSIFICATION: VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, adjacent uses, streets existing and such other items as the City may require. Also include a site plan showing boundaries of property floor plan of house area intended for accessory use, and yarkine and~ard areas. SURROUNDING PROPERTY OWNERS: Provide a list of names and addresses of all abutting property owners. Abutting land includes parcels across the street on alleys and kitty corner from property, including where a street or alley is between your property and the other property. (This information will be provided by City of Meridian.) DESCRIPTION OF REQUESTED ACCESSORY USE: FG-t~ r ~~, ~~ ft S ~a-~r ~ ~0 /'~~S FEE: 80.00 ., } ~ • 1. Use made of all abutting lots or parcels: !?Fs 2. Are there other accessory uses of a similar nature in the area? If so, state the location and the accessory use: ~D 3. Possible adverse impacts on adjacent property such as noise, traffic, excess light, odor, etc. ~1 ran ~ 4. Do you agree to pay increased sewer, water or trash fees if such are required due to increased u.Se? ~(~ If the accessory use includes construction of a building on the lot or pazcel, complete the following: a. Will all parts of the accessory building be located within the lot or pazcel? b. Is the primary building already constructed? c. Is the accessory building to be attached to the primary building? d. Will the accessory building be constructed in the reaz yazd of the primary building? e. Will the accessory building occupy less than 40% of the required rear yazd for the primary structure? f. If the answer to the above is no, will the accessory structure be connected to the primary structure and will both the primary and accessory structure then meet all yazd and court requirements? g. Does the height of the accessory building exceed 15 feet? h. If the lot or parcel is zoned commercial, is any abutting property zoned residential and, if so, will the accessory use occupy any of the front yazd? 6. If the accessory use is for a Family Child Care Home, complete the following: a. Is a State of Idaho basic day care license required for this type of facility?~~1 ~a If so, attach a copy of your license. r b. Have you applied for or received an occupancy permit? 1 hc~~- a~y~J~ -W/ °v~-2 If so, attach a copy of your application or permit. c. Is one off-street parking space per employee provided? V~2.`~ d. If the home is located on an arterial or collector, is anoff-street child pick-up azea provided? ~ ~ P ~ e. Is screening of adjacent properties provided? yes f. Is the play area for the children fenced from streets and neighbors? ~s If so, what is the fence height and type of construction? La' w nb 7. If the accessory use is for a home occupation, complete the following: a. Are only family members residing in the principal residence? b. Is the use of the residence as a home occupation incidental and subordinate to its use c. as a residence? Will the home occupation use more than 25% of the floor azea of the dwelling?, 2 ~ .. • • d. Will any item be offered for sale that is not produced by the dwelling occupants of the premises? e. Will mechanical or electrical equipment be installed or maintained other than such as is customarily incidental to domestic use? f. How much traffic will be generated by the occupation? g. Will off-street pazking requirements be met? h. Will off-street pazking requirements be located in a required front yard? i. Will equipment or processing create noise, vibrations, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot? j. Will the appeazance of the residence be altered or the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference? I hereby certify that the information contained herein is true and correct. SIGNATURE: ~K R-- SOCIAL SECURITY NO.: ~ S Z ~ ~ ~ ~ DATE: / - /S - `~ ~ STATE OF IDAHO ) ss. County of Ada) On this / ~ day of , ~.~~ , 19 ore me, the undersigned, a Notary Public in and for said State, personally appeared J~o ~ N~ ~ w zs -} ,known, or proved to me, to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. -~ OFFICIAL SEAL Notary Public for Idaho GINA ARMSTRONG Residing at: ~ ~ ~ T" (SE NOTARY PUBLIC - STATE OF IDAHO My Commission Expires: ~ ~ ~ r~y'~ 9~`, bef -z 1 \ `~~~.... ^~~,` INI• au•eidaiaRs CapliM• a O OarUen OI OM• Y1e1r1aR•~• N•.,.t,ss. ane O..a ••wvn.nl Na 9B11Sa0. Dea b IM /ael IM 1 cpM f•a eo •vie•Rea le tM eaNnry• ~ law earel•e•L IM i1ea111• a a••a N•lrMn•Rl Ne. BI 1911, con.gad b Aalln News aM Gloria Ne.erro. .aa b caw.l. tn• r•ree.rinq oarlian a l 9 1/x. Ra 1/.. Ner 1/.. Saelien Ix. ilr e«e ai.l 1•aL .•• ror•ra to b• 996.Ba IM. r•rur•r ..ia.R Da•a On1r1•rwrrl Ns. 9011s10 w eerwq•s to Jaen Nowrra aM C1ab Navarre aM i• a earlier a IM Sr 1/1, SE f/e, Nr I/1, S•cliee Ix. aejaRiny -Cbrinas ia'•' •usiw:aq ~r0 tMl ecagenef a IM t•la oercr awvraa rm bwr erreanasr ~ \. M •Ialn arM Gloria Newrra. Ne Ro avieanc• le lM rorr4~.. is tr+~nl r r _1 ~~ ~~ ~_ I~ CW . 1 1 1 ~ a: 11.BeNec foB xB• s'rwcer f110NrAa[ twts GBANrta N E nrlBOl•N CII1 COUNpL ON AWIe. If• 19aa. ilE w Rxwlc faor A9U RIAf ST91 AVIR[S. 3 ~Iroetca~~eaanlau- ~ -t a w•17! t •reaa. •..wt M a war . r7an«1r 4 U M 6PST1r E - 6T!•2' e=- rler I ', ! • ~~ ~~ ~~ _._._ r_._~_ .~-., -_ --.--_~---_:~._z- ~~. ~.-..~ ::. _ f ....Y-.-..._.:.J.•..1•J...M:~,r.... ra.._.w'J ,..... ~J ~.. ..+ .1:ll~aer .11':. . . ~ ~Y~ Ma. r ~ ~°na"'R,1, .. n, , . ttlB 1W O~71EIIr 1k NI91C llRllr ! I ~ t9leewoc taa v le9c t~ 11 LOICJ~B~ ~ CURVE TABLE >rw nw ~ isaer QlVE LLGIN 93tA Z o 199'99'90• ,; g' ~ ; ~ ~ BLOCK 5 _~ ~ ~ K• ~ ,_ i ~ ~-~ ~ _; i i218 ~ '~T O a Iwu ./ Rna~`i~ r g r~rln wo 1-~ ~ - ,~r,n ~ !°".wG~- GENERN. NOTES. A I~erln rem - W. STATE STREET I~errre .a.r rrenlt 1.~ ~ ww PoM _ .- ~. -- s eoar ~ !. ^'+•-19 9116/019 Llet: u1rrrr[ _ _.. esN hen 1i M~LIMF ZOO A.w r~ ~~ waarln axa.w 1 ~ •rnnre ~ Q eta99w1 1-.__ 3$ -T ser nor r----lam -° 1s ~ . d ^-- /ew / 9®IA99R6B/1 a TM ° -°~ -- ~!~ 14o I ! I 5 ; f _._i 3`i ~" ~ (-'i3 i i----~ i I iq 71 f i a~~ ~ t t a t~"-~ -.1 n~ s ~ ~ ~~J ;xrr I$ ~°° ~ ~ ~ ~~ ' ' ~ ~ 1 Qp ~ ~ I N jy ~ ~~"•°~~~ ~ ~ ae es .uweo n eac 1 ) ~ ~ ~ 1 L 1 ~ ~ ~ s ( IS etN /al i Ai'~IIOI RL CC ~ o ` I n ~,- N , $ = g ~ ~.; ~v~ e ~ c ~ ~,; ~ - ~;, 8 a - 9 0 (p »~ 999>tlp/19 9R .Q ~ xc'~ I 9. At1 tar tits C61~IBN 1 ~-',. nr. ` ~~1 0 , r ^~ - ~ ~ ~ " ;. Q r O` V ~~ f «.9rle ! t9Nt A ser (,o) io0i r .. ' ' - -\ia (trry . r 01 ~ ~ ' ~ tS , ,~- _! 2 O 7 = ~ \ (~'''- 1~ .`.~i ~ Q pTOaw /eh SIRF.T uc ...~. ~ i i fM/'v . 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Z 1< g • ~ ~ ~------ewlrre Iy1V._._~j BLOCK ~ :M_ a ~x s~ ~~ap~ .~ ,_~~. •aee----'_ 2 ~ r 9e-rlre LIS- Z ~i O J , ~ ~ ~ ~ aMMCEMGiErEM~r- ~ = t BLOCK I ~ '~ ~ --- /a/r-°- ; ~---- ~-~ ~ ~ ram nw I ;; 0- ~6 . _ ' ~ a qoa ~ ,~,~ ~ ~ ~ ^ ~ ~ ~ ~ ~ ~ e~ T-'''~_____-_ ~ ~r- ~ ~ r R HE wlMt .. ~U ~ ~ 7t r ~IeIC 1nN- !i ~ -- «wfnfe .--~J ' L UE b1101 U1~W10N Of $ 91Ulrllle[ [RR ~ ¢ ~ 7 ~ t ~ ~; N 6 ~ ~ ~ r ~ 1 • ~ tx• be[ ~ fir; ~'------- re/.f1' -~~~- ~ _ C~ WER E111n110N~ S' (r,.) - . i ~ ~ V ~ .7' 6Q ~ ~ ,~. s ~' ! ~ Q~ ~ f Z~ a 190 ; ~ ~ 6 l1ElE 6 A IEN (,C) f00T I ~ ~ ~ ~'~ LY~ ~~ f/tSEIEMf MMCEIII TO iM .-- Irarrr. _1: ~ ~ ~ ~ ~ ~ ~ a >la R9991YIS101 ua= ,, TTT AA :..... 1 Ir (rlry-~: 991[ . ~ ~ r ..: J ~~• ~-- ~ 3 ; , . ~ t 1 a.9nr9.--~ r tars 9 • ---- ~-------~ ~------~ ., L -Y~~ 'J ~i ry •0.m mw taw ~_- 1•N __-J • f0.~T »__• --------Ie/R_------9 (~ - ---- r ~ ¢ • lYJ ~ Y W, CLARINDA ~DRIYE~ Irra•. .a.rr • i `~' • i • r w.~ w ..a ~~.~. . . •--- -• ,. ---------------y ;-- ---- -,>w---- , ~ ~- --_ w ---'- -- ~yQ . r • , ---eew- b O ---'---.a..- --• COQ a.e...~.1 ;Q.~ 1 a ~ ~_ 3q•I -`I~t~- ; I ~?A4- r--i'77:3-1~-r T ~'~ ~ ~~ $ ~ ~, 1t +~ ~ ~ BLOCK 2 1 r ~ 7 .o esa. M uw~/ra"~r//~~ I -.-...--. ~.. g ~ reer_ ~' R - b.~ s' ~~- ~-I V ~ s ~ $ » ~ ~ • $ Bas soe ~ ~ ~ -~c,PV ~- ~ _ _ .,~.. Kale ~ . , ~ ' ee•aa• .~ ~ 4 ,yeo a.T eewl ..e e . Y ~ E ---- __, - ?1~ . r cry.;! ~ rre.rer dir »~ ____ r -' am eia'w our esm es.er ~ (rd! ! eearq Z'r1iL.Jxaw~ _ --: MM:- ~~_ v .[ns Iatl orls•.7s [ ~ 1 ~ N 0l.6'4S- M - 174.6!' ~ . ~ rxs.•r •:.,. ~\ rw::v. d wx [ Well/aq --- - - - --- ~,BLOZ`K 6 ~'--!°a's a. eaNlwe) .om _ ~, ~ s wars c xux9r ,moo r . I . 'f€n. - I - •v. •-.. a,IRfss CORrKR 1 W. PINE AVENUE ~ , (SU DfrM •1 ' C. ` ISpaoa Abow This Line For RwordNq Dab] DEED OF TRUST THIS DEED OF TRUST ("Security instrument") is made on DeCeober 31, 1997 The grantor is DONNA J MIEST and THOMAS J NEST, wife and husband The trustee is Transnat i on T i t I e and Escrow , Inc . ("Borrower"). ("Trustee"). The beneficiary is First Security Bank, N.A. which is organized and existing under the laws of The Un I ted States of Alger i ea ,and whose address is P . 0 . Box 7069 Boise , ID 83730-9988 ("Lender"). Borrower owes Lender the principal sum of _ _ _. ~ , Three Hundred end No/100 - ----------- Dopars (U.S. S "' _ ~ ). This aebt is evidenced by Borrower's note dated the same date as this Security instrument ( na~ic:"'), which provides for monthly payments, with the full debt, if not paid earlier, due and pa able on January 1, 2028 This -Security instrument secures to Lender: ~a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of ail other sums, with, interest, advanced under paragraph 7 to protect the security of this Security instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this ppurpose, Borrower irrevocably grants arai conveys to Trustee, in trust, with power of sale, the following `described property located in ADA County, Idaho: LOT 12 IN BLOCK 3 OF NAVARRO PLACE SUBDIVISION. ACCORDING TO THE OFFICIAL PLAT THEROF FILED IM B800K 70 OF PLATS AT PAGE 7208, RECORDS OF ADA COUNTY, IDAHO. which has the address of 98g Nl~k tSTH AYE. NERI~AN , Idaho ~"°~' 836x2 (zb Cod~1 ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Proi+erty is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Pro e t a ainst all claims and demands, subject to any encumbrances of record. i • NOTICE OF APPLICATION NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that Donna J. & Thomas J. West have filed with the Zoning Administrator of the City of Meridian an application for an Accessory Use Permit for the operation of a Family Child Care Home for flue or fewer children out of their home at 988 NW 13th Avenue, Meridian, Idaho. Comments, either for or against, said application must be filed with the Zoning Administrator within fifteen (15) days after the initial publication of this notice and shall be addressed to Shari Stiles, Zoning Administrator, City of Meridian, 200 East Carlton, Suite #201, Meridian, Idaho. If there are objections filed within the time allowed, the Planning and Zoning Commission shall hold a public hearing on the application, after proper notice, and may grant or deny the application after making and adopting Findings of Fact and Conclusions of Law. The property at 988 NW 13th Avenue is more particularly described as Lot 12, Block 3, of Navarro Place Subdivision, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 21th day of January, 1999. ~i~~ SHARI STILES, ZONING ADMINISTRATOR PUBLISH January 27th and February 3~, 1999. L~ JANUARY 28.1999 SHARI STILES ZONING ADMINISTRATOR CITY OF MERIDIAN 200 EAST CARLTON SUITE #201 MERIDIAN, IDAHO 83642 RE: DONNA WEST DEAR SHARI: ~ RECE~ FEB ~ 1 ~99~ ~~~ & ~Q'ti IN~C IT IS OUR OPINION THAT FAMILY CHILD CARE IS SORELY NEEDED IN THIS AND ALMOST ANY OTHER COMMUNITY. FROM WHAT WE KNOW OF DONNA WEST WE COULD ONLY APPROVE OF HER VENTURE AND HOPE PLANNING AND ZONING WILL GRANT HER REQUEST. THANK YOU CINDY~~HRISTOPHER BENCO INC. • REG~~D ~' D/:~Z r -7 v ~~_ ~,~~-c-~~..~ FE B 0 5 1999 ~n-- ~IT~' OF NI~RII)I~y ~1.t~ l ~'l SUN ~ „ (2w~ A `~ri-~~5 ~ ~' a~ ,~9- ~~~, . 1~`~ ul . ~ 3 ~~ ~ - G S ~~~LZ ice- Y ~~ I~.~ ~ ~~~~" u/~s ,vim ,~~-~-t~ ~~-- .~~ ~)2~2i etc. ,1-~~~w~~-~ ,~3~~ . ~~~-~ .~, /~~ ,~~~ ~, "C ~S~-oy~ru~ /~~--t-Y1~ '~ /~~u~ ~K- G~~i C- is ~~~/ Z~~ G2~S7~~-'~ ~ ~v V(QZ ~i o :~ vT-_ ~_ ~v~~it~f~ -' ~,o~Z~-'~~~ ~~- fides ~~~.~--~- r ~• Gam--~~ ~-~,~n-~`"~v ~~ /~'~-nZ . /~-~ ~ 7~-~~ ~~~~4~ ~~ U-~v~ ~- ~~ ~~~~ v 9~ ~ N ~ w. 12~~ ~ . Yy~-,rz~2 ~.c~ l ~, J~ ~ ~ ~ 4 Z ~.~~ - ~g8 - D~rf3 G/'lly ~,~1 ~Z,~ 1~~~Jr'~l IZ 1~~~ ~~~ l~~ N~W ~ ~~~~ %I~2~~- ~r~~ ~,u-,~, 5~~~ ~ ~~~ ~~a5 ~ ~~J~~ ~~% ~ " ~~~ 1 ~~ P , • ' fi -- ____ 6 ~ r' ? ~ ~ i n` "T ~ ~ Z te > ' - ~ v. E i p ' I` ~ 31' I I i I ~ 939 ~ ,rte I - ~ I '_ i ~- - ~~ / _ __ ,a38 I ~ - ' ~ ' ^ Z- ~ ~ V V I -_.___ -~ ~ I - _ a D ~ f _ . ; j Ii. T? I L. _ t ~ - - _ _ _ --- - _ _ - __ I - 1 - ~ I - - i ~ J - ~ _ W _ _ J ~ _ ' L - m> _ -_ D i _ -i I ___ __ _ _. .___.. ~ ~ -__- ~ _-_ I - ` ' - -> _ /, I - 1 ~. ,' < I '; s~~ - , _ `' D ~`{ I ODD Ar ~ 1 ;~_1Z ~ ~I ~ - =~ Z - >~ I ~J '- ~ A D ?~ ~ ~ I ~ _ ., 2 ,-. O I ~ I I '. 1 ~~- ~ ~ I I ~ ~ i t `~ ~ _ ._._ --- ~~° 0 ~~ - ---- ~ -~- ~,'' _~ ~ ~, - - '• _ 4 f ! °' w ~~ ~d z ~~ ~C NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on March 9, 1999, for the purpose of reviewing and considering the application of Donna J. & Thomas J. West for an Accessory Use Permit for a family daycare for five or less children, which property is generally located at 988 NW 13th Avenue, Meridian, Idaho. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 12th day of February, 1999. ANG SI S, DEPUTY CITY CLERK PUBLISH February 17 & March 3, 1999. ` ,r~~111`7i11/!a [ _: ~ YY ~ * ,SV~ Jf r / ~'r.':i ~a~4 'fl S: i4e}}l+ ** TX CONFIRMA~I REPORT ** AS OF FEB 12 '~08~49 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 07 02/12 08 48 208 888 109? MODE MIN/SEC PGS CMDq STATUS EC--S 00'30" 001 075 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on March 9, 1999, for the purpose of reviewing and considering the application of Donna J. 8~ Thomas J. West for an Accessory Use Permit for a family daycare for five or less children, which property is generally located at 988 NW 13'" Avenue, Meridian, Idaho. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 12~' day of February, 1999. ANG SI ,DEPUTY CITY CLERK PUBLISH February 17 S March 3, 1999. ~f ~~ ,`~ r ~ -. ~}~: ar.~ ~ r ~ •~ c. 2 J T' 7 i'~ ~ ~" `• !1!111! Yf :. iilYlll~\\\ "' . _ ~ • • DONNA & THOMAS WEST - 988 N.W. 13'~ AVE. ABUTTING PROPERTY OWNERS MCMORROW M TERRY & MCMORROW NANCY E 1001 NW 13TH AVE MERIDIAN ID 83642 PETERSON ERIC & PETERSON JINNY 1355 W STATE ST MERIDIAN ID 83642 GREEN DAVID CHARLES & GINA KAY 1343 W STATE ST MERIDIAN ID 83642 YORK KIRK E & YORK JUDY K 1311 W STATE ST MERIDIAN ID 83642 WILSON MARK E & WENDY K 993 NW 13TH AVE MERIDIAN ID 83642 WEST DONNA J & THOMAS J 988 NW 13TH AVE MERIDIAN ID 83642 ADAMS ERIC B- 1304 W CLARINDA DR MERIDIAN ID 83642 BENCO INC 965 NW 13TH AVE MERIDIAN ID 83642-4371 WEAVER LAURA M AND HERR RONALD D & ELEANOR E 1350 W CLARINDA ST MERIDIAN ID 83642-4373 PAGE JOHN EARL & KAREN LEE 1322 W CLARINDA ST MERIDIAN ID 83642-4373 c , -r _ - i • • • ~ - • MERIDIAN PLANNING AND ZONING MEETING: MARCH 9 1999 APPLICANT: DONNA & THOMAS WEST ITEM NUMBER: 13 REQUEST: ACCESSORY USE PERMIT FOR A DAYCARE OF FNE OR LESS CHILDREN 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: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED (lam • ~~ ~/ SEE ATTACHED COMMENT REVIEWED n~~ ~~ ~~~ G~ ~` ~ /~I w V OTHER: All Materials presented at public eetings shall become properly of the City of Meridian. • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT o ~n ~l M m rs CITY OF MERIDIAN B PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-~~ I 1 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February 16, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: AUP-99-002 REQUEST: ACCESSORY USE PERMIT FOR A DAYCARE OF FIVE OR LESS CHILDREN BY: DONNA & THOMAS WEST LOCATION OF PROPERTY OR PROJECT: 988 NW 13T" AVENUE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT C ITY ATTORN EY 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMAR • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN (208) 88a-1264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY (z08) 887-~~ 1 I MERIDIAN, IDAHO 8364 RON ANDERSON Phone (208) 888-4433 • Fax (208) 88 ~ ~ "' ~ l ~ ~ rLpNNING AND ZONING KEITH BIRD DEPARTMENT FEB 2 4 1999 (208) 884-533 City of 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February 16, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: AUP-99-002 REQUEST: ACCESSORY USE PERMIT FOR A DAYCARE OF FIVE OR LESS CHILDREN BY: DONNA & THOMAS WEST LOCATION OF PROPERTY OR PROJECT: 988 NW 13T" AVENUE TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ~ ` ~ %` CITY ENGINEER L O F G(.)~ 11J~~~ O CITY PLANNER • NUB OF TREASURE VALLEY • May~~ RUt3ERT D. CORRIE A Good Place to Live Counci- Marchers CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLL•NN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (20S) 83$-4433 • Fax (208) 887-4813 K)rITH BIRD 884 0744 P.01 Li:GAL UEPAKTMENT l?08)881•a264 PUBLIC wORKs BUILDING DEPARTMENT (za~~ es~-»t t PLANNING AND Z()NINC D1PA[rfMEN'I' (3Q8) 83~-553.i TRANSMITTAL TO AGENCiFS FOR COMMENTS ON DEVELOPMENT PRO,J<ECTS WJ(TH TifiE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February 16, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: AUP-99-002 REQUEST: ACCESSORY USE PERMIT FOR A pAYCARE OF FIVE OR LESS CHILDREN BY: DONNA ~ THOMAS WEST LOCATION OF PROPERTY OR PROJECT: 988 NW 13T" AVENUE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C ^WATER DEPARTMENT ,SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER r~~ i b >Iy~y CYTY OF 1VYERIDIAN WASTEWA3'F~?, DFl''T. MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM &. FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANN~TION) YOUR CONCISE .. _.... TOTAL P. 01 FEB 16 '99 14 35 208 884 0744 PAGE.01 o , • HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (_08)884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (2os) 887 22I t 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2. 1999 TRANSMITTAL DATE: February 16, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: AUP-99-002 REQUEST: ACCESSORY USE PERMIT FOR A DAYCARE OF FIVE OR LESS CHILDREN BY: DONNA 8~ THOMAS WEST _ LOCATION OF PROPERTY OR PROJECT: 988 NW 13T" AVENUE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P2 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (AN,N~/EXATIO[N~) YOUR CONCISE REMARKS: '/!/(,~~-1C~.1l'Ifa'!"~S FE B 1 7 1999 CITY OF MERIDIAN CENTRAL ~~ DISTRICT ~ITHEALTH DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEP TMENT Environmental Health Division ~,E~ ~~ ~~~,,~ Retuirn to: F E B 2 3 1999 ^ Boise ^ Eagle CITY OF ?VIEftIDIAN ^ Garden City r-, - - Conditional Use # ,~ rlerlalan n ~...._ Preliminary /Final /Short Plat LJ ACZ ,o~y ~~~ ^ I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ 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. We will require plans be submitted for a plan review for any: // ^ food establishment ^ swimming pools or spas ~, child care center ~1r6/'l.c ~~-r ~ ~''~~ ^ beverage establishment ^ grocery store ^ Date: o~ l~ g l 9 q 14. Reviewed By: ~~ Review Sheet CDND 10!91 r~, m. 7/97 • i Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID $3642 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 r, ,~ + °: - •. Phones: Area Code 208 .. ''` OFFICE: Nampa 466-7861 ~"~,~,~ - 4 ~9~~ SHOP: Nampa 466-0663 CI'e`'i'' ~:~~? ~v'~I~~~~~~~:~~y RE: Accessory Use Permit for a Daycare for Donna and Thomas West Dear Commissioners: The Nampa & Meridian Imgation District has no comment on the above referenced application as it is out of our District. 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 2 March 1999 ~ ~ -z~~3. ~EcE~D MAR 0 9 1999 March 9, 1999 City of Meridian ~:ity Clerk ffice City of Meridian Planning and Zoning Commission 33 East Idaho Street Meridian, Idaho 83642 RE: Donna & Thomas West application for an Accessory Use Permit We are immediate neighbors to Donna and Thomas West in that our backyards adjoin. It is our understanding that there is some concern as to issuing the Wests an Accessory Use Permit in order to open a daycare. We support the opening of this family daycare as long as the number of children is limited to five or less. We see no potential concerns with traffic, noise, or aesthetic detriment. In fact, we see the opening of this daycare as a potential asset to families in the community who are in need of such a service. Sincerel J ~ Y` r ~ David and Gina. Green 1343 W . State Meridian, Idaho 83642 (208)898-0146 cc: Donna & Thomas West 08/27J97 wED 12:15 FAg 714 2258 I S ADMINISTRATION • I~00~ August 25,199'1 Dear Parent, My danghfier has heart cared tsar by West Family Day C.are -Donna West sinoe she cues 6 was old, She is now 27 months. She has become a beautiful, secure, well rounded and well behaved child thanks to all a:F the patienco, love, teaching and nnmuing she has rec;efvcd from Donna and her entire fatnfly, I aan a single mother, never married that has beer, totally on my owm since my child was thrrnc weeks old. It was a very scary porospect to find a caring and secure environnYent to leave my newborn daughter with. West Family -ay Care met all of my expectations and then same, The way I found Donna's day care was amazing to mo and shear luck. I aas duo in a couple of weeks and while I was at a gee station filling my tank, I started talking to two different people whn drove up in vans about why they picked the model they did, different features, etc. because I was thinking about getting one. I had a little t3eo Tracker convern'ble that was too small with no A/C. I noticed that the woman I was tallcing to had two car seals in the back. Y said, `I notice you have car seats. Do you mind ff I ask you if you live around here? Can you rncommettd any day care facilities in the area, I really don't want to just pull some out of the phone box' She said, "Yes" to both questions and proceeded to tell me about West Family Day Care, right down the street, where both of her children have been sines they were babies and where one of thorn was still attending. Sho highly recommueaded Donna, gave me her nuaber, said that sho had not taken any newborns in quite awhile and tLat a few children including one of hers were graduating off to school, so Donna may be ready for another baby. So I called Donna and made an appointment m go over and visit When my girlfriend do x arrived with our newborn babies, we found Donna and heX husband slang with a maple of the other parents with their children, her daughter and her grandchildren were all in the backyard sitting on chairs with the kids playing and laughing on lots of equipment, bi'kea, slides, obc. I was irnmediauly comfortable and felt very weloonu, AII of my itlidsl questions were answorpd whilo wo sat a relaxed in the ann. I looked at two others that same day, made my decision, called Donna back for a second meeting to cover apecf fiCS, called and spoke to a few aY the G~uren# and prat parents that she had water children for and Chandler has been there ever sir-ce. I cannot expr¢ss enough how much of a relief it was to $na and to have for these past two years such a wei]- organiz~d, clean, loving aad nurturing environment for my daughter to be basically raised in, niece she was theta for ten hours of her day. Donna and her entire flimily have boen like our second ihmfly. I don't have any relatives close by and my mother is nut of state, so we adopted Dorms and her hnsbarul. She was afways them to talk tq discuss different gaestionslconeerns with, sett how to and what if. I could always call when Chandler was aCtittS up ar running a fever for advice. They have become bout caregivers and friends. I could talk to her abort anything and they will be missed more than arords can descr~bc. If your child ha4 the privilege to be cared for by any future facility Donna may be a part ~ they will be very lucky to have her years of knowledge, extensive childcare edueabion and experience teaching and caring for them, I would highly recomaund her program. It i$ a well rounded and educational. There aro lots of creatfvo arts and craoFts along with many varieties of toys ~anrl play equipment Your child will never wtsui to graduate to schaoi. Y gotten to know so many of'Donnas' previous children, bocauce whenever the school has a day off flay all want to go to Donnas and they came running in far their hug, which speaks for itself. I wish her and her family the best in their new adventwres in Idaho. If you bout any addPtianal questions, feel free to call the at (562) 424-9369 or mo hitetlo(~aol.com". Yours QJ~,~ July 31, 1996 • Letter of Recommendation for West Family Day Caze This letter is in reference to West Family Day Caze. Our daughter Scazlett Petty attended the West Family Day Caze from September 1992 until June 1996. The first thing upon visiting the West home we were impressed with the cleanliness and the wide variety of playthings and activities provided. The meals and food varieties that were offered were wonderful. The hours of availability were also perfect for our work schedules. Donna West and Cindy Chace always went way beyond expectations as faz as activities and care. We stilt hope to have Scazlett cared for at the West home from time to time during school breaks if it works into their schedules. In the four yeazs that Scazlett attended Day Caze at the West home, they were available every day except one day due to extenuating circumstances. We were very happy there as most importantly was our daughter, Scazlett. They became like an extension of our family. If you would like to communicate with us personally our phone number is (310) 429-1917. Thank you, ~ rJ' F(` g as and Te Petty 9 March 1999 • ~~z~. REcE~D MAR - 9 1999 CITY OF MERIDIAN City of Meridian Planning and Zoning Commission Our fi-iend and neighbor, Donna West, recently told us that she is requesting your authorization to establish a children's day care center within her home. We have written this letter to express our support for this request. We are all aware that the need for quality daycare has become an important issue to the citizens of Meridian, especially in light of the negative publicity generated recently by some facilities. We ourselves are parents of a young child, and can understand the frustration one can encounter in trying to find people with whom one can entrust their children. Donna and her husband, Tom, are gracious and generous neighbors whom we feel will take every measure necessary to make their undertaking a real service to the neighborhood and community, and one that will cause minimal disruption to their neighbors. We feel that any traffic or noise generated by the Wests' proposed enterprise would be minimal. Indeed, we know they love children, but they are also very much concerned about the quality of life in our neighbarhood and community. Numerous times, they have told me how much they love Meridian, and how they moved here expressly to be able to enjoy the quality of life Meridian offers. Please join us in support of the Wests' proposed daycare center, and in wishing them success in their venture. Best R ards, Ki y Keller 1342 West State Street Meridian, ID 83642 Tel. 898-0477 • MAR - 9 1999 CITY OF MERIDIAN ~~ ~~~ cvt cwv~ nuM-~ . ~ ~n crt~ ~n" v~at.~ JV1-P1U~1 GtM 1 S ~ ~ f~ln9'Vl ~~,C~K ll~t,~ l ~ VLS%~ ~ ~'d.e ~ `~ ~~~~~ 1i~ l5 G~-S~ U~PJt c^ WI~J ~'t ~cv~~ '~ ~-e GCa.~k c~'~ U `~~ .,vim a 2 u (~~. ~2.n;~ ~d C~„v~ Iran, d~ he. ~.e_c~2-~ .~ ~ ~. ~ ~to Vii a~ - °~ ''ms's-~~ U,.p~~ c~-~,,~-d 1~e vin to ~~ -~G,w- f'~~~ Gl,~.~k'c~~~ `~-~,~-k- ~-.. ~„~~c~ /'~Z Cam., RE ErvED MAR - 9 1999 To whom it may concern: CITY 0 MERIDIAN My husband and !are homeowners in the Navarro subdivision. We feel that the proposed childcare in Donna and Spike's home would be an asset to our subdivision rather than a detriment. The increased tragic that may occur could be nothing c-~rr?pared to the already existart traffic from the high .school. Donna has indicated that shy will have no more than five children enrolled at a time. This number does not seem excessi~~e. We also fee! that having a capable person at home during the day in our neighborhood is reassuring, and she will provide a great service to the mothers of our neighborhood that must be away from their children during the day. Sincerely, Aaron and Sally ~~ cEZvED • MAR - 9 1999 CITY F RIDIAN s..ruct_on: No amerce, hec5e or shr~~b planting which obstructs sight lines at elevations bet~•ieen three (3) to eight (8) feet above the rcaeways sha? 1 be placed or pe~ittee to re.:ai n cr: any corner lot within the triangular area forzlec • by the street progerty lir_es and a lire conracti _:a t'r;era at points thirty (30) feet Lrc;a t're ini.ersec-- tior. of the street lines, or in the case or a roLr_ded g_cperty corner =rom }he i a:tarse~tio: of the Street D=Cperty lines extenced. The Same Slght-~ine iinitaticrs shall apply on any lot F:i thin ten (? 0) zaet •fro~i the intersection cf a street property line with the edgy of a criveway o= alley pace:;.ent. No tree shall be permitted to reLair. kithin such cis- • t~;~ces of such intersections unless the'oliage line is nairtainec at sufficient heig:-Lt Lo prevent ob- struction o_ such sight-lines. c. Spite rences: The construct_on o= mairte^a:~ce c= a sc_ts fe~c~• or st~~ to tree s:all be Drol'+i bited L'DOn aril' bulldlnCJ Slte. '`he t8_^••,1nat10n ~y the . G.ar:tor that gray oial~ , _`ence, hecce, o. tree =alts Wlthln t.^,e 1cti.er CateQOry S.^.cll be CC'nC1L'S1~e upCi? all pa=tics. S~CTIO?~ 1! - ?~OYIOc;S i;S~ G? =:c0?^'TY J i\ loo pert' on o the =eal property o= o a tel:? l di r:g s= -e S:?d~ 1 ~~ US°C .Or the CCr:CL`Ct Of anV traC~ O. DL`S? r:eSS Or ,t concoct o= ~^y ~:~c~ er business or pro=es~io:al ac~ir•=pies, a-:c %O ?lOX? Oi1S Cr UriQeSlrable' aGt, Or UitdeSlrabl~ L•Se O~ anV .'~Oitl'Jii of the _eal property shall be permitter or maintained. The ` 1 ham ~ c t h Crar.~Or shat e the uncuali Fier righ'- •co a e_-..,i-e whet er ary SL1Ch c'.Ct Cr aCtlVltV iS nCX2011S Or L1nreSlraffle and SL~Ch C'setar_ i~11i.3tlOn Sh-all be bi.nrirag L•~On a13. "partles iF:C1L'G=i1Q Grantee a::r his successors in inteY•est. S~CT=O:~' ? ~ - ~_LT•30y2nS, S.G\S . ~:O 51~.^.5 Or ,~.111fJ0 rCS C:. ar_y kir_d 0= =Cr any usa, eYC~ot. LCr sa12 o real vrOperty, s.^.all be erec•~6Q, ^v =P_~.e~ O*_' d? S~Ic~ES 11L`On zny Of the r~l Drop°=tl'. l:le raneS O .eS1C2nt G:9nerSrOf ~ll1~alT'.Ci Slt°S mcg be r'_SDlayeG~' On a names as G actress _ plaCL1O O: .SZQTl '_= a:rprOVZI the.eOL 1S ~,?a".5~: Obtained ~r0~ the COII'_T''_i.tA~ r'!= Gr2..I1 ~Or 1"eSerVeS ~.i'?e right :.O u15D1cy S1CnS rll=lny the per10Q t%e Granto~ Or n1S aL'th0::lZed asei:t 1S selling iul1Clcj S1teS. S~CTT_G?: ? 6 - R~STRICs'ION zC~'=?~ST LTSE DE?'R=?~\T?~, TO. a:E_GJSO~::OOD ?~o part of aalT b•uilcing site shall be t;ser or occupi a;:, c~ a r°S.'..CenCe Or Otl"ier, SO a5 t0 have ar:V iIi jL'rsOUS e*i.f2Ct L^.Oil 11 MERIDIAN PLANN~ & ZONING COMMISSION APRIL 13, 1999 PAGE 4 Barbeiro: Mr. Chairman, I make a motion that we perform a summary approval of Item 1, 3 and 4 as, line Item B. De Weerd: Second. MacCoy: All in favor of that now? MOTION CARRIED: All ayes. MacCoy: Okay, now we will move forward. We will get this thing straight yet, I will anyway. Rossman: To clarify the order of the commission, that would be for Shari to draft a letter recommending approval of those three items, is that correct? MacCoy: That's correct. That's what she has in the past for these. That's been her correction to this to the county. All right, one off our agenda. ITEM NO. 1: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR AN ACCESSORY USE PERMIT FOR A DAYCARE WITH FIVE OR LESS CHILDREN BY DONNA 8~ THOMAS WEST-988 NW 13T" AVENUE: De Weerd: The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Barbeiro: Second. Borup: You meant to make a motion I think. De Weerd: I did. That was a motion. MacCoy: That was a motion okay. De Weerd: I move to... MacCoy: You move to do that all right. Any discussion? If not, wanted to have a roll call. ROLL CALL: BORUP-AYE, SMITH-ABSENT, DE WEERD-AYE, BARBEIRO- AYE. MacCoy: All ayes have it. What's the decision? De Weerd: Mr. Chairman, the Meridian Planning and Zoning Commission determines that upon review of the applicable standards, goals, policies and MERIDIAN PLANN~ & ZONING COMMISSION APRIL 13, 1999 PAGE 5 guidelines as set forth in section 11-2-410D of the Zoning and Development Ordinance of the City of Meridian, the established record and applicable law that the applicant met the requisite accessory use standards given the foregoing, the subject application for family home, family childcare home accessory use is set forth herein shall be granted and the use allowed subject to the conditions imposed herein. The accessory use shall be subject to review by the city upon notice to the applicant. MacCoy: All in favor? Borup: Second. MOTION CARRIED: All ayes. ITEM NO. 2: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR MULTI-BUILDING COMMERCIAL & OFFICE INCLUDING BANK FACILITY WITH DRIVE-THRU (TREASURE VALLEY BUSINESS CENTER) BY CLARK DEVELOPMENT -SOUTHWEST CORNER OF EAGLE RD & FAIRVIEW AVE: MacCoy: Item No. 2 this evening has been requested and that reminds me, I've got to make this statement tonight too, I forgot to start with. How many is here for Item No. 2, 3, 11, 12 & 13? Okay, those Items tonight 2, 3, 11, 12 & 13 have been requested to be pulled by the applicants off of this agenda and will be revisited on May 11, at our meeting at that time. De Weerd: The information that we are already getting in May is quite substantial and to add these too on is going to make May quite a meeting. MacCoy: That will be the staffs responsibility to juggle some of the ones down the line. What is going to happen-May is full already, June we are working on right now. It will be up to the staff and anytime we bring anything up like this and have to move it back, then they take and look at what in May and they make decisions there. Borup: I think that was maybe the question there, is it fair to the people who have got their application in on a timely basis for May to be pushed back by people who didn't do stuff earlier. MacCoy: The staff calls them up and asks them. By our ordinance... Borup: No, I understand that, but I think maybe the question is it fair to the people on May's agenda... • • MERIDIAN PLANNING AND ZONING MEETING: APRIL 13 1999 APPLICANT: ,DONNA ~ THONLe-S WEST ITEM NUMBER: 1 REQUEST: 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: MERiD1AN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: U$ WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED MINUTES FROM 3/9/99 SEE ATTACHED FINDINGS SEE ATTACHED COMMENTS J~ 9 ,~ ~~~ ~~~ J~ V OTHER: Ail Materials presented at public meetings shall become property of the City of Meridian. . k~k ~ n~ MERIDIAN PLANP~G AND ZONING COMMISSION MARCH 9, 1999 PAGE 33 MacCoy: This is just a suggestion to you, you might want to talk to the representative tonight before you leave here. Anybody else on the pro side here before we move on to the other side. Okay, come ahead. MIKE COLEMAN, 1213 (Inaudible), Boise, ID. Coleman: I'm the applicant, Luna Vista Inc. We would be happy outside the doors there if anybody wanted to visit with myself and engineer to answer any of those questions. We did line the road up to go through the center of his property, so if he wanted to future subdivide, it would line up and we can go through that, give him a copy of the plat or answer any questions. Basically what we are doing with this project is wanting to do single family homes. It was zoned before with Mr. Saunders for townhouses, which is a much higher density and. we are wanting to go to a lower density and do single dwelling homes, which from the testimony before, I was in here on another subdivision, it seemed some of the neighbors were objecting to a higher density. We are trying to go with a lower density, single-family homes. MacCoy: Anybody on the positive side wants to make anything statement wise. Not, we'll go to the other side of the fence. Anybody who would oppose this project wants to speak? Seeing none, lets... Borup: Chairman, I move that we close the public hearing-I move that we continue the public hearing to April 13. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ~" ITEM NO. 13: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR A DAYCARE WITH FIVE OR LESS CHILDREN BY DONNA & THOMAS WEST - 988 NW 13T" AVENUE: MacCoy: Staff do you have anything to say? Stiles: Chairman MacCoy, commissioners, we didn't have any comments on this, this is an accessory use permit, the reason it's before you is because there was an objection. MacCoy: I didn't get the last part of that there was too much noise going on here. What was the last part of your statement? MERIDIAN PLANN~ AND ZONING COMMISSION • MARCH 9, 1999 PAGE 34 Stiles: We had no staff comments on this, just that they meet our ordinance and the reason it's before you is because there was an objection within the 15 day period. I would just like to note that make sure the applicant knows this is for five or fewer children and that includes their own children. MacCoy: We will open up the public hearing now, is the applicant here? DONNA WEST, 988 NW 13T", MERIDIAN, ID. West: I moved here a year and a half ago and I did daycare in my home for like 16 years. I never had problems with traffic, my house was always immaculate, my yard was always immaculate and I feel the same will be here, because I do not like mess. I don't seem to think there is a problem. I have a three car garage which has parking space for three and probably if we had to squeeze four. I'm only going to have five children at the very most. They are all going to be under the age of four probably because by then they will be going to a daycare or if the parents want them to stay with me they can, it doesn't make any difference. MacCoy: Any questions? West: Oh, excuse me, I have some letters here, I'll just put them in the file, for people who are not here right now. MacCoy: Would you please mention the names of the letters? So we have that for the record. West: Okay. Kirby Keller, he lives at 1342 W. State Street. This is from Cindy Chase, she has Kids Club on 1St Street next to the post office. This is from Aaron and Sally Myler, they live on State Street, they didn't put their address here, it's on the corner of State and 12tH MacCoy: Okay, thank you, any questions for the applicant. De Weerd: Do you have any children of your own? West: No, well, they are grown. MacCoy: Any questions? Okay thank you very much. The public hearing is open, anybody who is in favor of this, please step forward. DAVE WHALEY, 939 NW 13T" STREET, MERIDIAN, ID. Whaley: I am also the vice president of the subdivision. There is the board members and other officers here vacant of the president we have not filled the position due to a vacancy. I can tell you as a neighbor of Tom and Donna West MERIDIAN PLANN~ AND ZONING COMMISSION • MARCH 9, 1999 PAGE 35 that we have no problems with this child care, we know they will take care of the kids. Traffic, if that's an issue, we live next to the high school, when traffic backs up to that intersection at Linder and Pine, they use our street to get around it. It doesn't make it any faster for them, I think they think it makes it faster. So traffic is not an issue. We monitor our subdivision very closely to make sure there is no problems going on. We think this is not a problem for us, you know, even within our subdivision covenants, there is some rules about businesses. I think in any covenants in subdivisions you have to be reasonable. MacCoy: Thank you for your statement, any questions for him? Thank you very much. Is there anyone else who would like to speak in favor? Yes, come on up. CHRISTIE HEIN, 1402 W. STATE STREET, MERIDIAN, ID. Hein: It's kind of kitty corner to Donna West, her house on NW 13th. I kind of just prepared a statement that I would like to share with you. My husband and I bought a house in Navarro Place in 1998 and you know, we met Donna right off the bat, she was just so generous and every encounter that I've had with her has been a wonderful encounter with her. I think... (END OF TAPE) Hein: ...a special type of persona It takes pa#ience, love a great deal of devotion and I sincerely believe that Donna West is capable of these responsibilities and I think it's wonderful that we have people like Donna that ease our fears and anxiety when it comes to the well being of our children when they are in the care of others. I feel it's a shame that there's not more people like Donna willing to take on such responsibility. As far as the traffic issue, I really don't feel that opening a daycare will make any significant change from the current situation we are in near the high school. When we bought the house, we knew we were near the high school and we do get traffic through there, but I don't think it will change anything with that. I think it's wonderful for the homeowners in our subdivision to be able to utilize Donna and her services, and that's all I have to say regarding that. MacCoy: Would you be willing to give us a copy of that so we can put in the file? Hein: Sure, I actually have a cleaner copy but I will turn it in. MacCoy: Thank you. Any questions for this lady? All right, anybody else here who would like to speak in favor of this? Okay, come ahead. It looks like we're on a roll here. MARK WILSON, 993 NW 13T" AVENUE, MERIDIAN, ID. MERIDIAN PLANN~ AND ZONING COMMISSION • MARCH 9, 1999 PAGE 36 Wilson: My name is Mark Wilson. I live at 993 NW 13th Avenue, I live right across the street from them. I've known Donna and Spike since they moved into their house, and I feel that they are very capable couple. I would trust them with my boy. I have a six and a half year old boy, and so I think they'd be a great asset to our neighborhood to care for the children that are in our neighborhood. Not that our neighborhood is a huge neighborhood anyway. The traffic on our street really is next to nothing in that section because most of the people drive around different areas. The only traffic that we do get is like you said first thing in the morning when the high school backs up. It backs up on Pine. They try and come through our subdivision. They hit State Street. After about two weeks, they realize that when they get to Linder, they've got to go through both lanes of traffic to get to the high school and it doesn't get them anywhere, so they find out that it's easier to go ahead and wait in line and go through the stop signs. So the traffic I don't think is really an issue, except for maybe that first month or two when the school starts, but I'm here in support of the daycare. MacCoy: Thank you very much. Okay is anybody else want to speak in favor? Go ahead. JENNY PETERSON, 1355 W. STATE STREET, MERIDIAN, ID. Peterson: Jenny Peterson, we're at 1355 W. State Street. We actually live right next door just to the north and just saying we're all for it, testify to the West's character and think that there won't be any problem at all, traffic, what can five cars do that all the rest of everybody else has talked about as far as you know having any problems with disorderly children or anything. I don't think they'll have any problem. I've seen Donna with her own grandchildren in lots of situations and we're all for it and we want to support them and that's it. MacCoy: All right thank you. Anyone else who wants to speak in favor? All right, seeing none, anybody wants to speak against this? Come ahead. BRAD BLOOMER, 990 NW 12T" AVENUE, MERIDIAN, ID. Bloomer: My name is Brad Bloomer, I live at 990 NW 12th Avenue. Rossman: Spell your last name please. Bloomer: Bloomer, B-I-o-o-m-e-r. Excuse me I'm fighting off a little flu bug and I want to pass out-(Inaudible -off the microphone) or anything like that I think the point is when everybody bought a house in that subdivision, they signed off on the covenants. If they read their covenants. I think a lot of people don't, but anyway the covenants state that you can't own business out of this subdivision. Myself I personally bought a home in that subdivision because I didn't want businesses in there. Well I have young children. I like them to be able to ride MERIDIAN PLANN~ AND ZONING COMMISSION • MARCH 9, 1999 PAGE 37 their bikes up and down the street. I have a little bit of traffic subdivision traffic you know, I hate to be the bad guy here, but our subdivision really doesn't have a homeowners association that's worth anything. It hasn't really accomplished much. There's already businesses that are being run out of there illegally. I've brought this up to people on the board and on the homeowners the office, the elected officials and they just kind of turn a deaf ear. In fact a couple of them are some of the people that do have the businesses. Anyway where the Wests live and like I said again I like the Wests. They are very nice people. They have a beautiful home. They take good care of their house. I don't think that's the question. The question is that me and several other people that live on the other side of the block are objecting to this. They're not here tonight because of the fact that it's against the covenants. I mean they're putting the cart before the horse here. Rossman: Sir, do you understand that this Commission has no authority or power to enforce covenants? Your enforcement is confined to the document itself, the covenants. There should be enforcement provision within the covenants. Either by a private right of action or through a homeowners association, but this Commission is confined to the ordinance as to whether or not this application is permitted under the Meridian City Ordinance. Bloomer: Okay let me ask you this question if I may. I'm not an attorney. What they're wanting to do is get an accessory use permit. Is that true? Rossman: That's correct. Bloomer: Well it's against the covenants in our subdivision. Rossman: But the question is, is it against the Meridian Planning and Zoning Ordinance? Bloomer: What rules the day here? Does the home owners covenants, are they worth nothing? Rossman: Well you're going to have to read your covenants. There should be enforcement provision within your covenants. Bloomer: But anyway like I said I still think that they should have gone to the homeowners and had a homeowners meeting and sat down and talked to everybody and explained what they wanted to do and then let the home owners rule on it and gone from there, so I object for several reasons. Number one is a safety reason. Number two that there is already businesses being run out of there, and who is to say that there won't be six, seven, eight more homes that want to run a daycare out of there? It's a profitable business. I moved into that subdivision so I didn't have to deal with that. I guess what we're talking about MERIDIAN PLANN~ AND ZONING COMMISSION • MARCH 9, 1999 PAGE 38 here is what I'm saying is in the air because it doesn't have to do with what you're going to decide on. So does that mean that we have to go get a civil action if you approve their permit? Do we have to get a civil action to stop them? Is that it? Rossman: I haven't read your covenants. I'm not going to advise you on that. You're just going to have to review them yourself or consult an attorney. The covenants are just an irrelevant issue. Now if you want to talk about safety and if you want to talk about compatibility of this particular application with the neighborhood. Those are relevant issues. Bloomer: --that is on 13th Street. It's a shortcut to the high school. There's some people that live on a corner lot there that have young kids and they're constantly playing soccer and riding their bikes. That corner right there is used as a spot where a lot of young children roller blade and ride their bicycles, jump over ramps. We don't need any more traffic there. As far as that safety issues goes, there was a girl killed in Caldwell last year because she ran in between two parked cars. If you have five people there, who is going to count? Are you going to go over there and count the children every day? I don't think so. I don't think am either. So they're asking for a permit to use for five people, but who is going to watch over that? So between the safety fact and the fact that I don't think businesses should be run out of subdivisions, I guess I have nothing else to say. Do you have any questions forme? Borup: I have one Mr. Chairman. Again it may not be pertinent but sir you stated that you thought that there should have been a meeting of the subdivision and then are you saying that the majority would vote in favor of this, then that's - Bloomer: That's the way the covenants are written up. They can change the covenants - Borup: I think tonight we've had about ten that's already spoken in favor of it. Bloomer: I realize that. It's because they realized there was going an objection to it so that's why they rallied the troops and got them in here, which is fine. Borup: I can say from past experience that it's a lot easier to get people speaking in opposition of something than it is in favor. Bloomer: Well nobody knew about it. Borup: Ten to one is quite unusual. Bloomer: Nobody knew about it. The only reason I found out about it is because I read it in the newspaper that little Meridian paper that they throw in your i MERIDIAN PLANN~ AND ZONING COMMISSION MARCH 9, 1999 PAGE 39 driveway. Nobody went around. There wasn't a homeowners meeting. The only people that were contacted were the neighbors - Borup: Okay, thank you. MacCoy: Is there anyone else who would like to speak at this time on the negative side? Okay, you want -this lady over here had her hand up first. Hein: The way our covenants are, again it's a covenant issue not an issue with the Planning and Zoning Commission. With the covenants, if there is a dispute on one of the covenants, the person can come forward to the committee and then we can hold a meeting, but it was never brought to our attention as a covenant issue and once it is brought up and we do hold a meeting and make a decision on it. Then we can vote if enough people are in favor of changing the covenants, it can be changed, but again the issue was never brought up to the home owners association. We do have a homeowners association right now, but we do not have a president at the current time. As far as Mr. Bloomer, he has been invited to many homeowners meetings, but made a comment to me one time that he does not do meetings and has never been present at any of our homeowners meetings, so I would just like that for the record. MacCoy: Okay thank you. I got a hand over here too. DAVE WHALEY 939 NW 13T" AVENUE Whaley: Mr. Chairman and Commissioners, my name is Dave Whaley, 939 NW 13th Avenue. As far as the covenants, again I have a copy of the covenants. They're sitting right here. It's not an issue here before today. Again I would say that the covenants are to be reviewed by homeowners associations and attorneys, which I just did about two weeks ago. I had an attorney review ours. Ours at best are weak. These were turned over to us less than a year ago by Ted Hepper saying okay now the homeowners association, this is yours. We're just going through the process of trying to be a homeowners association, which a lot of us have never been but as you see here tonight we have testimony on an issue that we feel very concerned about. We're not going to allow junk yards and everything else into our subdivision. That's not what it is about. The eight or nine children that play across the street, only two of them live there on that corner. The rest of them come from the rest of the neighborhoods around us. We can't control children and where they play. So I think the safety issue is a moot issue there. There's a speed limit sign posted. There's a stop sign posted, and that's an issue with the law, not of an issue of where children can play. MacCoy: Thank you. Is there anyone else? MERIDIAN PLANNI~ AND ZONING COMMISSION • MARCH 9, 1999 PAGE 40 Unidentified: As far as the homeowners association, when they came around and started I was the president of the last homeowners association. I involved in it for two years. You have to - it's a job that I didn't want to do. When we discussed the homeowners association, people were going around do you want to do this? Who wants to be this and this that and the other thing and I said I'd rather not get involved. I just left a subdivision where I was president. It can get kind of messy if people don't obey the covenants, so that's why I'm not interested in being involved in the association at this point in time which a couple of three weeks ago when I did read the letter in the paper, I went and saw this gentleman right here who is the president of the Board of Directors? Chairman of the Board of Directors, who has the house right across from the west the chipped windshield business he has there and I asked him what his feelings were and he said he thought it would be an okay deal and at the time I don't think it's going to be a good deal and I said why don't we have a meeting of the homeowners and discuss it and he said well, there's no president to call a meeting or something like that and then I said well you're on the Board of Directors, let's have a meeting and you can nominate me to be president and we'll start taking care of the problems in this subdivision. MacCoy: Okay, thank you. Anyone else that wants to make a statement before we close this? I'm going to come back to that okay. If not the applicant you want to say anything at this time? All right thank you. Commissioners? De Weerd: I would move that we close the public hearing. Borup: Second. MacCoy: Okay, all in favor? MOTION CARRIED: ALL AYES. De Weerd: I'm impressed how many people you have come out to support your application. Mr. Chairman I'd like to move that we approve the accessory use permit for a daycare of five or less children by Donna and Thomas West and to - that's it. Borup: Did you just recommend approval? Is that what? Okay I second that. MacCoy: Eric, -- Rossman: You're going to have to refer it to the next meeting for approval of Findings, since it will stop here. This will not be -accessory uses under the Meridian Planning and Zoning Ordinance will not be reviewed by the City Council. This is final action by the Meridian Planning and Zoning Commission so we'll have to come back in a month and review written findings. MERIDIAN PLANI~G AND ZONING COMMISSION • MARCH 9, 1999 PAGE 41 (Inaudible) Rossman: It's a written document that constitutes an Order by the Meridian Planning and Zoning Commission that says it is approved here by approved basically and it recites what the Meridian City Ordinance is and what the relevant issues leading up to that decision were. Borup: So would you like to revise your - De Weerd: Do I need to request Findings then? Borup: Yes. De Weerd: Okay, I would move that we direct the attorney to prepare Findings of Facts on our accessory use permit. Borup: Second. MacCoy: Okay all in favor? Smith: Don't we ask you to approve them recommending approval or denial? Rossman: Not on accessory use. What you do is you make a motion somewhat like Commissioner De Weerd did and just move that the accessory use be approved and that we set this over for approval of written findings. Just like we used to before. Smith: So that's basically what the motion said. Rossman: Yes. Written findings indicating approval of the accessory use. You will review those next month and if acceptable approve them and that will be final action. Smith: Aye. MacCoy: All right we have three ayes. Thank you very much. MOTION CARRIED: ALL AYES. ITEM NO. 14: SIGN REVIEW: CHEVRON / MCDONALD'S SIGN BY EAGLE PARTNERS-NW CORNER OF EAGLE RD AND MAGIC VIEW: MacCoy: All right thank you very much everybody for your comments and moving on to item 14. We have a sign review which is not a public hearing. But ~ ~ R,EcErv~D APR p $ 1999 City of Meridian. City C:erk vffic BEFORE THE MERIDIAN PLANNING AND ZONING COMM IN THE MATTER OF THE APPLICATION )FINDINGS OF FACT AND OF DONNA AND THOMAS WEST, 988 NW )CONCLUSIONS OF LAW 13TH AVENUE, FOR AN ACCESSORY USE )AND DECISION PERMIT FOR A DAYCARE OF FIVE OR LESS ) CHILDREN, )FILE NO. AUP-99-002 The above entitled accessory use permit application having come on for public hearing on March 9, 1999, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT A notice of the application was mailed by certified mail, return receipt requested, to owners of property which abuts the external lot or boundary lines of the property, including properties across the street, alley and kitty corner to the property; a notice of the application was published for two (2) consecutive weeks; a notice of the public hearing on the application for the accessory use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 9, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION- ACCESSORY USE PERMIT FOR DAYCARE -DONNA AND THOMAS WEST - 1 • • 1999, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 9, 1999, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. There has been compliance with all notice and hearing requirements set forth in Meridian Zoning and Development Ordinance Section 11-2-410 (D) (1 } and (2). 3. The property which is the subject of the application for accessory use permit is described in the application and by this reference is incorporated herein as if set forth in full. The subject property is located at 988 N.W. 13`~ Avenue, City of Meridian, Ada County, State of Idaho. 4. The Applicant is the record owner of the property and has filed a written accessory use permit application. 5. Pursuant to the application the subject property is currently zoned (R-4) Low Density Residential District; the subject property is generally located at Pine Street and 13`~ Avenue; the abutting lots and parcels are residential; the Applicant requests an accessory use for the operation of a family daycare with five or less children; and the Applicant does not agree to pay increase sewer, water or trash fees, if such are required due to increased use. 6. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION- ACCESSORY USE PERMIT FOR DAYCARE -DONNA AND THOMAS WEST - 2 • • 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, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 7. The Applicant requested the accessory use and the application was not initiated at the request of the City of Meridian. 8. Mr. Brad Bloomer of 990 N.W. 12`t' Avenue, Meridian, Idaho, filed an objection to the proposed use within the time allowed for response. The objection is, by this reference, incorporated herein as if set forth in full. 9. The proposed application requests an accessory use to operate a family daycare center out of the subject property. The (R-4) Low Density Residential District zoning designation within the City of Meridian Zoning and Development Ordinance requires an accessory use permit be obtained for family child care homes such as that requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-Z-409(A)). 10. The Applicant testified at the public hearing that the particular characteristics of the subject property make the accessory use desirable. The Applicant further testified that the proposed family child care operation will not create a traffic problem, three (3) cars can be parked in the garage of the subject property and that the proposed family child care will be limited to five or less children. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION- ACCESSORY USE PERMIT FOR DAYCARE -DONNA AND THOMAS WEST - 3 i ~ 11. The Meridian Planning and Zoning Administrator, Shari Stiles, submitted comments by and through testimony during the March 9,1999, public hearing on this matter. Such comments are hereby incorporated herein and the conditions presented are as follows: 11. I Applicant must satisfy the accessory use provisions of the Meridian City Zoning and Development Ordinances; 11.2 Applicant's family child care facility shall be limited to five (5) or fewer children, to include children of the Applicant; 12. The Meridian City Police Department, Fire Department, Sewer Department, Water Department, the Central District Health Department, and the Nampa ~ Meridian Imgation District submitted comments which are also hereby incorporated herein. 13. The proposed use within the subject application will in fact constitute an accessory use as determined by City policy. 14. The proposed use within the subject application will not adversely impact the surrounding properties due to children, noise, traffic, and other activities. 15. The use proposed within the subject application is located away from and properly screened from adverse impacts to the health, safety, and welfare of the children. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian were met including: the mailing of notice of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION- ACCESSORY USE PERMIT FOR DAYCARE -DONNA AND THOMAS WEST - 4 i ~ application by certified mail, return receipt requested, to owners of property which abut the external lot or boundary lines of the property, and properties across the street, alley and kitty corner to the property; a notice of the application was published for two (2) consecutive weeks; and a notice of the public hearing on the application for the accessory use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 9, 1999, the first publication of which was fifteen (15) days prior to said hearing. (Meridian Zoning and Development Ordinance, Section 11-2-410 (D)) 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act' codified at Chapter 65, Title 67, Idaho Code (1.C. §67-6503). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code §67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title Xl, Chapter I, Municipal Code of the City of Meridian. 4. As part of a Zoning Ordinance the Zoning Administrator shall, subject to requisite hearing and notice provisions, determine whether a building, structure or use is accessory to a principal permitted use, and may issue Zoning Certificates for those which are deternnined to be accessory and which otherwise comply with the accessory use provisions of the Zoning Ordinances. (Meridian Zoning and Development Ordinance, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION- ACCESSORY USE PERMIT FOR DAYCARE -DONNA AND THOMAS WEST - 5 Section 11-2-410 (D)) 5. To occupy and use real property which is designated and zoned as (R-4) Low Density Residential District within the City of Meridian, for a family child care home, requires approval by the Planning and Zoning Commission as provided for under the City of Meridian Zoning and Development Ordinance, Section 11-2-410 (D). 6. The Commission has the duty and responsibility to review the facts and circumstances of each application for family child care home accessory use to determine prior to granting the same that the evidential showing supports the finding that the following standards are met: 6.1 Secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division if required; 6.2 Acquire an occupancy certificate and/or building permit; 6.3 Provide one (1) off-street parking space per employee, which may be the driveway to the home; 6.4 Provide for child pick-up area located off of arterial or collector streets; 6.5 Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties; and 6.6 Provide for a fence of appropriate height construction, to enclose play areas, protecting children from traffic on arterial or collector streets. (Section 11-2-410 (D) (2) (b), City of Meridian Zoning and Development Ordinance) 7. Violation of any of the aforementioned conditions shall be cause to revoke a Zoning Certificate for a child care facility. (Section 11-2-410 (D) (2) (b), City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION- ACCESSORY USE PERMIT FOR DAYCARE -DONNA AND THOMAS WEST - 6 Meridian Zoning and Development Ordinance) 8. The City of Meridian has authority to place conditions on an accessory use permit. 9. The Meridian Zoning and Development Ordinance provides the following relevant definitions: 9.1 Accessory Use or Structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use or structure does not alter the essential characteristics of the principal permitted use and does not include a building which is defined herein as a dwelling unit. 9.2 Dwelling Unit: Any building or portion thereof which meets adopted building codes and is used as a residence or living quarters of one or more persons. 9.3 Family Child Care Home: A child care facility which provides for five (5) or fewer children throughout the day. (Section 11-2-403 (B), City of Meridian Zoning and Development Ordinance) 10. Upon review of an accessory use application the Commission must take the following into account: I0.1 The accessory determination shall be based upon the relationship of the building, structure or use to the principal permitted use. Specifically, it must be habitually or commonly established as reasonably incidental to the principal permitted use and located and conducted on the same premises as the principal permitted use. In determining whether it is necessary, the following factors shall be used: 10.1.1 The size of the lot in question; 10.1.2 The nature of the principal permitted use; 10.1.3 The use made of adjacent lots; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION- ACCESSORY USE PERMIT FOR DAYCARE -DONNA AND THOMAS WEST - 7 • 10.1.4 The actual incidence of similar use in the area; 10. I.5 The potential for adverse impact on adjacent property; and 10.1.6 The applicant must be the owner of the property under consideration and the user of the accessory use. (Meridian City Zoning and Development Ordinance, Section 11-2-4I0 (D) (1)) 11. Family child care may be considered to be a permissible accessory use in an (R-4) Low Density Residential District if it is approved after applying the following additional review procedures and applicable accessory use standards of Section 11-2-410 (D) (2): the Applicant shall be required to pay any additional sewer, water and trash charges or fees, if any are required; the use shall be considered as a commercial use; and pay the fee of eighty dollars ($80.00). 12. Prior to granting a family child care accessory use in a (R-4) Low Density Residential District, notice of the application shall be mailed by certified return receipt mail to owners of property which abut the external lot of the boundary lines of the subject property. Notice of the application shall be published for two (2) consecutive weeks. Fifteen (15) days from the date of publication shall be allowed to response and comment to said notice. (Section I 1-2-410 (D) (1) (b) (1) (2), City of Meridian Zoning and Development Ordinance) 13. If there is an objection to the proposed use filed within the time for response, a hearing, after notice, shall be held by the Planning and Zoning Commission, which may grant or deny the application after making Findings of Fact. (Section I 1-2- 410 (D) (1) (b) (6), City of Meridian Zoning and Development Ordinance) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION- ACCESSORY USE PERMIT FOR DAYCARE -DONNA AND THOMAS WEST - 8 r ~ 14. If there are no objections filed within the time for filing the same the Zoning Administrator may grant the request. Any aggrieved party may appeal the decision to the City Council within thirty (30) days of the Commissions decision, and if not so appealed the decision shall become final. (Section 11-2-410 (D) (2) (b) (6) (7), City of Meridian Zoning and Development Ordinance) 15. Having made the afore stated Findings of Fact and Conclusions of Law the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a family child care accessory use set forth herein above with the following conditions: 15.1 Applicant shall satisfy all family child care home standards, pursuant to the Meridian City Zoning and Development Ordinance. 15.2 The proposed family child care home shall be limited to five (5) or fewer children, including those of the Applicant. 15.3 Applicant shall satisfy all Meridian City fire codes. 15.4 Applicant shall submit the proposed family child care home plan to the Central District Health Department for review. 15.5 Applicant shall be required to pay any additional sewer, water, or trash charges or fees, if any are required. 15.6 Violation of any of the above conditions shall be cause to revoke a Zoning Certificate. The use will be subject to review upon notice to the Applicant. 16. The afore stated conditions are concluded to be reasonable and the Applicant shall meet such requirements as a condition of approval of the application for a family child care home accessory use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION- ACCESSORYUSE PERMIT FOR DAYCARE -DONNA AND THOMAS WEST - 9 NOTICE OF RIGHT TO APPEAL Please take notice that any aggrieved party may appeal this Meridian Planning and Zoning Commission decision to City Council within thirty (30) days from the Commission's decision, and if not so appealed, the decision shall become final. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION- ACCESSORY USE PERMIT FOR DAYCARE -DONNA AND THOMAS WEST - 11 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER SMITH COMMISSIONER DEWEERD COMMISSIONER _ ,Qa-~-br~ir~ CHAIRMAN MALCOLM MACCOY (TIE BREAKER) DECISION VOTED ,~-~ VOTED /~6' ~~ VOTED VOTED ~~~ VOTED The Meridian Planning and Zoning Commission determines that upon review of the applicable standards, goals, policies, and guidelines as set forth in Section 11-2-410 D of the Zoning and Development Ordinance of the City of Meridian, the established record, and applicable law, that the Applicant met the requisite accessory use standards. Given the forgoing, the subject application for family child care home accessory use as set forth herein shall be granted and the use allowed subject to the conditions imposed herein. The accessory use shall be subject to review by the City upon notice to the Applicant. APPROVED: _..3 DISAPPROVED: O 120498 v ~~is/99 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION- ACCESSORY USE PERMIT FOR DAYCARE -DONNA AND THOMAS WEST - 10 ~da ~our2t[~ ~ld~i~hcva[~ aL.Ji6trict Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President GE Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary ~ 1999 Phone (208) 387-6100 Dave Bivens, Commissioner ~ 1 Fax (208) 387-6391 Susan S Eastlake, Commissioner MpR . rk~U1Ax~,e-mail: tellus(a~achd.ada.id.us Cl'i'~~,G 8~ P~ City of Meridian 33 East Idaho Meridian, ID 83642 Re: MAUP99-002 988 NW 13th Ave. February 24, 1999 ~M~ ~~ ~ 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. 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. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. If you have any questions please feel free to call me at 387-6170. Sincerely, Steve Arnold Development Analyst cc: Project file