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HomeMy WebLinkAboutSnyder, Vicci AUP • HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live ~2os) 8sa-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208)887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON 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: April 6 1999 TRANSMITTAL DATE: February 26, 1999 HEARING DATE: April 13 1999 FILE NUMBER: AUP-99-003 REQUEST: ACCESSORY USE PERMIT FOR A FAMILY DAYCARE BY: VICCI L. SNYDER LOCATION OF PROPERTY OR PROJECT: 2747 S VELVET FALLS WAY _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) 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 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 REcE~D EEB 0 2 1999 Ct`I`~' Ok RII~tAI ACCESSORY USE APPLICATION APPLICANT: .C r ~ L ~n ,l.~ (Owner or holder of valid option) ADDRESS: _~ 3 Phone: Z~5$ ' 29Ca z GENERAL LOCATION: ~~~~r i~ C1 n r~ 1 n C~ u ~t ~ ~ ou e LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy): ~Sn.~~~ ~~~_ O~GSe y 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:1~~ ZONING CLASSIFICATION: R 7 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~roperty floor plan of house area intended for accessory use, and park and~azd 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: ~c~ ~~ v 'c~ ~ ~ c~.~ FEE: 80.00 • 1. Use made of all abutting lots or pazcels: 2. Are there other accessory uses of a similar nature in the area? If so, state the location and the accessory use: 1\I c~ 3. Possible adverse impacts on adjacent property such as noise, trafFic, excess light, odor, etc.:_~ c"~~ S2 4. Do you agree to pay increased sewer, water or trash fees if such aze required due to increased use? ~/P_s __ If the accessory use includes construction of a building on the lot or parcel, complete the following: a. Will all parts of the accessory building be located within the lot or parcel? b. Is the prunary 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 yard of the primary building?_ e. Will the accessory building occupy less than 40% of the required reaz yard 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 yard and court requirements? g. Does the height of the accessory building exceed 15 feet? h. If the lot or parcel is zoned commercial, is any abutting property zoned residential and, if so, will the accessory use occupy any of the front yazd? 6. If the accessory use is for a Family Child Caze Home, complete the following: a. Is a State of Idaho basic day caze license required for this type of facility?~_ If so, attach a copy of your license. b. Have you applied for or received an occupancy permit? y ~-S If so, attach a copy of your application or permit. c. Is one off-street parking space per employee provided? .~ P d. If the home is located on an arterial or collector, is an off s reet child pick-up azea provided? ~l p s e. Is screening of adjacent properties provided?~ es 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? (~ ~~ c.Jooe~ 7. If the accessory use is for a home occupation, complete the following: a. Are only family members residing in the principal residence? b. Is the use of the residence as a home occupation incidental and subordinate to its use as a residence? c. Will the home occupation use more than 25% of the floor area 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 f. g• h. i. J• is customazily incidental to domestic use? How much traffic will be generated by the occupation? Will off-street pazking requirements be met? Will off-street pazking requirements be located in a required front yard? Will equipment or processing create noise, vibrations, glare, fiunes, odor, or electrical interference detectable to the normal senses off the lot? 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: SOCIAL SECURITY NO.: ~ 1 `1S - z - Ca sy9 DATE: Z 2 c~jc~ .r, R 9 _ _ STATE OF IDAHO ) County of Ada) ss. On this o~ ~ day of ~//~/LJ , 199~before me, the undersigned, a Notary Public in and for said State, personally appeared~/1.~G~G;~~'G~-~-~ ,known, or proved to me, to be the person(s) whose name(s) is (aze) 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 yeaz in this certificate first above written. ~ _ n ~••~ ~ •'~T •• ~`r O~ * ~ _,_ ~'veLic My Commission Expires 3 . , - . - r„1 ~e~ ,STATE OF IDAHO, Cou of Jq C, ss On thi !S~ day of !~ in the year of before me, the n rsigned, a Notar Public in and for said State, personally appeared ~~ known identified to me to be the me~,y, I~Or' of the Limited Liability Company that executed the instrument or the person who executed t:he instrument on behalf of said Limited Liability Company, and acknowledged to me that such Limited Liability Company executed tl~i~ same. - •••.•Gp'ST~DA~~ f.. ., Signature: ' Name : ~ ~ ~' •••~O TA$ ••' C ,: Residing at• ~ ' My Conunission E:Kpires : .~ ~~ ' ~k RESIDING IN EAC3LE. IDAHO ; N AV B LZG .' ` MY COIHIiA. E~ 11-28-2001 ~'i ~' ••• .` •,91, •....•• ~~ ~.` M •~' (~rY OIL' 1V~ERIDIA~ ~ ~• :~~~~ . ~~ ,, :.\, , ~~:. ..CERTIFICATE OF OCCUPANCY ~.~,~-~~ +UILDING PERMIT ~• Y s s~.~ed : 5/ 14/~d~i F'er~m i t No : 21 1 E4 Att Notes: EgLq p C N I•~'kl]!~'E:k I'Y' Lf,.1CA1•lUN-••--------•--"""'~-__-----__ iW~IRS'fPCb~ICkTFIVMt:S---•-•-•-----•--_....~.....----•--• ~~~k~ ~E'L.~E"f FHLL.S WAY S 21m4 S. SILVER GREEK I..NNE I BOISE ID 837@6 I l.ot ; 3 Block: 7 Long Legoyi ; T@8/315-1@63 1 Sub: SALMON RA~'IDS #4 S : i I'~ir,c No I --------~. --DE5I GNER-----------'"--------'"_-___ :ONTRACTQR-----~-_--------..~...-__------- I FIRST CNO I CE ,HOMES I R.O. BOX 442x8 BOISE ID 83711 j ~@@/000-@@@0 26/337-4756 I -PROJECT INFO--_--~_____......___---- Prj -Valuer Ws203~538.0~1 -_.~~._i--5 D-SQIF7e ~3,25b-MFD+SQIFT3 ~ a Pry Type. RESIDENTIAL Occ Tyype: I COMMERCIAL: @ GARAGE: 72@ Dcc Grp= R3 Occ Load: 4 I INDUSTRIAL: @ y r', • Cnstr T pe: TYPE ~N I Land Use: _ ___ ----,~______________ •,RPERMITN~96B.5@^- 5@• APP-FEE -- -----_ . , ` -~ iCGUPANCY CONDITIONS /CQMMENTS---------- ~'/ z ~/s OCCUPANCY REQUIREMENTS Certificates of occupancy must be posted in a conspicuous place when the occupancy of the structure is other than residential F Deviation from the approved occupancy for which this certificate has been issued is unlawful. The issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of the Meridian City $uilding and Fire Codes or of other ordinances of this jurisdiction. APPLICABLE APPROV,A-LS ~~~-~ ~ ~ Building Department Planning and Zoning Engineering Department Fire Department ** TOTAL PAGE.01 ** (ne'Grnuees herein have read and approved the following: l ~.. 7`itle File No.: T98-50873 5p ~fJ W~RANTY DEED FOR VALUE RECEIVED FIRST CHOICE HOMES, L.L.C. GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto: KELLY J. SNYDER AND VICCI L. SNYDER, husband and wife GRANTEES(s), whose current address is: 2747 S. Velvet Falls Way ,Meridian, Idaho 83642 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: Lot 3 in Block 7 of SALMON RAPIDS SUBDIVISION NO. 4, according to the official plat thereof, filed in Book 75 of Plats at Pages 7855 and 7856, records of Ada County, Idaho. awn cGUr;rY raccozD,R J. DAVID rlavarf2o BGISt, ID^.rID 19980C -2 Pt•! 4~ 24 TR RECORDED'-REQUEST FEE~DEPUT 98095143 ANSNATION TITLE & ESCROW TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject [o reservations, restrictions, dedications, easements, rights of way and agreements,(if any) 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 Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: October I, 98 ~~~~.~ First C toice Homes STATE OF Idaho ,County of Ada , ss. On this day of in the year of 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the person whose name subscribed to the within instrument, and acknowledged to me that executed the same. Signature: Name: Residing at: My commission expires: Transnation Title & Escrow, Inc. _~.-___ V ' ~~~_ ~~ ~~~ s N ~ ,6.. ~ L ~ -Tl 9 r~ N ~ /` / n ~ om'` G-.~ ~. °C _ ~ ___. s ~ r% ,~ ~ r .~ n P ~ P r ~ ~' r G R ~ ~-o G C~ 4 .--_ ~ro - - _ ,. r ~- _ ~ _ .. - -- -~ ~, A I ~ , / ~' '' ~, ~ ~ 3~ c~ ~~~ f 1 ^ --+ _~--. ~ .. w ~ 9 6'~ I /""'~ ~~ G I x~ ~ " -~ r ~° 1 r ~~ ~~~ ~ ~ ~- - ~ / / / N ~v 3 ~ M ~ ~ 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 April 13, 1999, for the purpose of reviewing and considering the application of Vicci L. Snyder for an Accessory Use Permit for a family daycare for five or IesS children, which property is generally located at 2747 S. Velvet Falls Way, 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 alt interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22"d day of March, 1999. LLIAM G. BERG, JR., C ERK PUBLISH March 24 & April 7, 1999. '~ ,,r~~ ~o a~ BBAL 'fO~T ts~ . ~~~ ry q ~~" ~~ ** TX CONFIR~ON REPORT ** AS OF MAR 22 ~ 16 ~ 52 PAGE. 01 CITY OF MERIDIAN DATE TIME TOiFROM 17 03122 16 51 208 888 109? MODE MINiSEC PGS CMDq STATUS EC--S 00'30" 001 027 OK NOTICE OF HEARING NOTICE lS 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 April 13, 1999, for the purpose of reviewing and considering the application of Vicci L. Snyder for an Accessory Use Permit for a family daycare for five or less children, which property is generally located at 2747 S. Velvet Falls Way, 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 22ntl day of March, 1999. LLIAM G. BERG, JR., C ERK PUBLISH March 24 ~ April 7, 1999. ,~v"`,a -1 flNflf~flyi ~ s BBL ~ _` y ,~ ~ ,~y.t , p~~.. 0 w 0 0 as 0 0 m 0 0 e~ ~^ ~^ ~_ ' ~^ ~^ ^ ~~ • rf ~~ • 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 ~cci L. Snyder has filed with the Zoning Administrator of the City of Meridian an application for an Accessory Use Permit for the operation of a Family Child Care Home for five or fewer children out of her home at 2747 S. Velvet Falls Way, 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 2747 S. Velvet Falls Way is more particularly described as Lot 3, Block 7, of Salmon Rapids Subdivision No. 4, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 8th day of February, 1999. ~/c SHARI STILES, ZONING ADMINISTRATOR PUBLISH February 10th and February 17th, 1999. ** TX STRTUS REPORT ** • AS OF FEB 08 '99 12 40 PAGE. 01 PUBLIC WORKS DATE TIME TOiFROM 23 02108 12 39 208 888 109? MODE MINiSEC PGS CMDtt STRTUS EC--S 00'37" 001 122 OK 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 Vicci L. Snyder has filed with the Zoning Administrator of the City of Meridian an application for an Accessory Use Permit for the operation of a Family Child Care Home for five or fewer children out of her home at 2747 S. Velvet Falls Way, 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 2747 S. Velvet Falls Way is more particularly described as Lot 3, Block 7, of Salmon Rapids Subdivision No. 4, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 8~' day of February, 199/9. SHARI STILES, ZONING ADMINISTRATOR PUBLISH February 10`" and February 17~', 1999. Post-its Fax Note 7671 Date Z~$ pa°ges~ 1 T° 1(a 11 e ~ tJe w s From Sdn ~ CoJDept. Co. U yy Mere ~ un PW.nn~ + n' Phone # phone B -5 3 Fax a ~g$ _ 1 O ~1 Fax p VICCI SNYDER - 2747 S. VELVET FALLS WAY C~~~ ~ ~~ ABUTTING PROPERTY OWNERS FARWEST LLC 4550 W STATE ST BOISE ID 83703-4467 2720 S VELVET FALLS WAY MOORE CHERI D 2732 S VELVET FALLS WAY MERIDIAN ID 83642 ROPER CONSTRUCTION INC 10106 CALICO BOISE ID 83709 2731 S VELVET FALLS WAY GRESS JEREMY S & GRESS JEANNA M 2748 S VELVET FALLS DR MERIDIAN ID 83642 VAN DER PLOEG STEPHEN S & VAN DER PLOEG KRISTINE 2764 S VELVET FALLS WAY MERIDIAN ID 83642 SNYDER KELLY J & SNYDER VICCI L 2747 S VELVET FALLS WAY MERIDIAN ID 83642 WHITE & SONS CONSTRUCTION LLC 565 JACKSON ST BOISE ID 83705 2784 S SPRING BAR WAY 2763 S VELVET FALLS WAY O'CONNER MICHAEL & JEANNE D RICHARDSON GARY & JANE R 5950 PLANTATION LN BOISE ID 83703 2790 S SPRING BAR WAY C W CONSTRUCTION INC 1300 S HEIDI PL MERIDIAN ID 83642 2800 S SPRING BAR WAY ~~ u « ~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION In the Matter of the APPLICATION FOR AN ACCESSORY USE PERMIT FOR A FAMILY DAYCARE Applicant, VICCI L. SNYDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION The above entitled accessory use permit application having come before public hearing on April 13, 1999, at the hour of 7:00 p.m., and on May 11, 1999 at the hour of 7:00 p.m. 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 1. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - I ACCESSORY USE FOR FAMILY DAY CARE HOME - VICCI SNYDER ~- a 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 April 13, 1999; that the matter was duly considered at the April 13, 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 2747 S. Velvet Falls Way, 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 Victory and Locust Grove; the abutting lots and parcels are residential; the Applicant requests an accessory use for the operation of a family daycare. 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 - 2 ACCESSORY USE FOR FAMILY DAY CARE HOME - VICCI SNYDER ~ i 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. Cheri D. Moore of 2732 S. Velvet Falls Way, Meridian, Idaho, filed an objection to the proposed use. 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 on 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 childcare home such as that requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-2-409(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 daycare home is properly screened and fenced from adverse impacts to the health, safety and welfare of the children. 11. The Meridian Planning and Zoning Administrator, Shari Stiles, submitted testimony during two public hearings on this matter. Such reports and comments are hereby incorporated herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 3 ACCESSORY USE FOR FAMILY DAY CARE HOME - VICCI SNYDER CJ 12. The Meridian City Police Department, Fire Department, Sewer Department, Water Department, the Central District Health Department, and the Nampa & Meridian Irrigation 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 change the appearance of the residence nor the condition of its. residential character. 15. The use proposed within the subject application will not adversely impact surrounding properties due to the children's noise, traffic and other activities, which are located away from and properly screened from adverse impacts to health, safety and welfare of the children. 16. No persons other than members of the family residing on the premises shall be engaged in the proposed occupation. 17. The use of the dwelling unit for the home occupation is incidental and subordinate to its use for residential purposes by the Applicant. 18. No significant traffic will be generated by the proposed family childcare home. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 4 ACCESSORY USE FOR FAMILY DAY CARE HOME - VICCI SNYDER • Ordinances of the City of Meridian were met including: the mailing of notice of the application by certified mail, return receipt requested, to owners of property which abut the external lot or boundary lines of the property, and properties across the street, alley and kitty corner to the property; a notice of the application was published for two (2) consecutive weeks; and a notice of the public hearing on the application for the accessory use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 13, 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 PlanningAct of 1975" hereinafter referred to for convenience as the "Act' codified at Chapter 65, Title 67, Idaho Code (I.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 XI, 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 determined to be accessory and which otherwise comply FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 5 ACCESSORY USE FOR FAMILY DAY CARE HOME - VICCI SNYDER • with the accessory use provisions of the Zoning Ordinances. (Meridian Zoning and Development Ordinance, 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 daycare, 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 daycare 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 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. 7. Violation of any of the aforementioned conditions shall be cause to revoke a Zoning Certificate for a home occupation. (Section 11-2-410 (B)(2)(b), City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 6 ACCESSORY USE FOR FAMILY DAY CARE HOME - VICCI SNYDER • • of 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 Child care facility: Any home, structure or place where non-medical care, protection, or supervision is regularly provided to children under fourteen (14) years of age, for periods less than 24 hours per day. 9.2 Family child care home: A child care facility which provides care 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: 10.1 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; 10.1.4 The actual incidence of similar use in the area; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 7 ACCESSORY USE FOR FAMILY DAY CARE HOME - VICCI SNYDER • 10.1.5 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 11-2-410 (D) (1)) 11. Family child care homes may be considered to be permissible accessory uses 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)(1)(b); 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 home 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. (Sections 11-2-410(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 malting Findings of Fact. (Section 11-2- 410(D)(1)(b)(6) City of Meridian Zoning and Development Ordinance) 14. If there are no objections filed within the time for filing the same the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 8 ACCESSORY USE FOR FAMILY DAY CARE HOME - VICCI SNYDER • • 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. (Sections 11-2-410 (D)(1)(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 home accessory use set forth herein above with the following conditions: 15.1 Secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division if required; 15.2 Acquire an occupancy certificate and/or building permit; 15.3 Provide one off-street parking space per employee, which may be the driveway to the home; 15.4 Provide for child pick-up area located off of arterial or collector streets; 15.5 Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties; and 15.6 Provide for a fence of appropriate height/construction, to enclose play areas, protecting children from traffic on arterial or collector streets. 15.7 All Meridian City Fire Codes will need to be met. 15.8 Pursuant to the granting of the accessory use permit the applicant shall provide dare for no more than four (4) children in addition to of her own. 15.9 Violation of any of the above conditions shall be cause to revoke a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 9 ACCESSORY USE FOR FAMILY DAY CARE HOME - VICCI SNYDER • 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 daycare home accessory use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 10 ACCESSORY USE FOR FAMILY DAY CARE HOME - VICCI SNYDER i • 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 ~~^ a COMMISSIONER6'P~ CHAIRMAN MALCOLM MACCOY (TIE BREAKER) DECISION VOTED VOTED VOTED VOTED VOTED , The Meridian Planning and Zoning Commission determines that upon review of the applicable standards 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 daycare 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. APP OVED: PR9OJ'VED: ey/Z:\Work\M\Meridian 15360M\Snyder AUP\PZAUP.fcs ~~~/` C FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 11 ACCESSORY USE FOR FAMILY DAY CARE HOME - VICCI SNYDER • MERIDIAN PLANNING & ZONING MEETING: JUNE 8. 1999 APPLICANT: VICCI L SNYDER ITEM NUMBER: 1 REQUEST: ACCESSORY USE PERMIT FOR A FAMILY DAYCARE WITH FIVE OR LESS CHILDREN AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 5/11/99 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FFCL 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: ~J" NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian • ! Meridian Planning and Zoning Commission May 11, 1999 Page 4 MacCoy: Okay, all in favor. MOTION CARRIED: ALL AYES. MacCoy: If that's the way you want to work fine. We get used to new procedures all the time. All right moving on to regular agenda item. ITEM NO. 1: CONTINUED PUBLIC HEARING: REQUEST FOR ACCESSORY USE PERMIT FOR A FAMILY DAYCARE WITH FIVE OR LESS CHILDREN BY VICCI L SNYDER-2747 S. VELVET FALLS WAY: MacCoy: And since this is a continued public hearing, we have it open to the floor. Is the applicant here that has anything she wants to say in that respect right now before we move on? VICCI SNYDER 2747 S. VELVET FALLS, MERIDIAN, IDAHO Snyder: My little girl needed a playmate and my friend was going back to work and we thought it was a perfect opportunity for the both of us but I spent the last nine months in red tape through everything so that I could be up to ordinance just to watch her little boys during the school year. We've got two weeks left and school is out and that's the only time we planned on doing it. So I don't know what else to say. Do you have any questions? MacCoy: I don't think so. All right you can sit down then. Is there anyone who would like to make a comment for that before we move on? Anybody want to make a comment against that? Okay. De Weerd: Mr. Chairman, I believe that the attorney was to review the ordinance and let us know his interpretation on whether the applicant's children count in the five or if they don't. MacCoy: That's correct. We're going to do that in a moment here, but we got a public hearing which since we're down to that, we can close the public hearing and then we'll hear the attorney's statement. De Weerd: If it's possible I'd like it to stay open so that the applicant might have a chance to respond. MacCoy: That's fine. I don't have any problem with that. Okay, we'll go ahead with the attorney. • • Meridian Planning and Zoning Commission May 11, 1999 Page 5 Rossman: When this application was continued at the last public hearing, the question that arose was a legal issue regarding the interpretation of the section 2-403 of the Meridian Zoning and Development Ordinance. Particularly the definition of childcare facility within that ordinance and the particular question that arose was whether or not in determining whether or not a particular facility qualifies as a childcare facility under the ordinance, whether or not the applicant's children should be included in the number of children within the definition, and my reading of the ordinance and that's all I can provide. There isn't any history and there isn't any case law interpreting the ordinance obviously. All I can do is read the ordinance and provide a legal interpretation from the plain language of the ordinance and that is the first paragraph of that ordinance indicates that any home, structure or place where non medical care, protection or supervision is regularly provided to children under 14 years of age for periods less than 24 hours per day and this is the important part of the definition while the parents or guardians are not on the premises. There are three types of childcare facilities, a family childcare home, which provides care for five or fewer children throughout the day, a group childcare home, which provides care for six to twelve children throughout the day and a childcare center, which provides care for more than 12 children throughout the day. There is a paragraph at the end of the definition that says that it should be noted that determining the type of childcare facility that is being operated the total number of children cared for during the day and not the number of children at the facility at one time is determinative. That in my opinion relates to a facility that has children at different times of the day. For example some morning which are then going to school and then some afternoon children, which it varies throughout the day. From reading this ordinance, it appears on its face to me that the definition when we're counting the number of children within a home whether or not it qualifies as a childcare facility or one of the various care homes identified in the ordinance, I don't believe from reading this ordinance that it is intended to include the children of the applicant. Particularly that portion of the first paragraph where it says while the parents or guardians are not on the premises. That implies there are somebody else's kids that the applicant is caring for. That from the face of it tells me that it does not include the applicant's own children. Now whether that is how this ordinance has been historically interpreted by the commission is another issue and I'd have to defer that to Shari or other staff, since I certainly haven't been here throughout the history of this particular ordinance. Does anybody have any questions in light of that? I know it was kind of an exhaustive statement of my interpretation of the ordinance. Stiles: The five children including the children of the caregiver have always been included in the number. When we have Findings of Fact and Conclusions of Law that's where it was more detailed in what the requirement was where they did spell out including their own children, but whether that's something this Planning and Zoning Commission wants to reconsider - • Meridian Planning and Zoning Commission May 11, 1999 Page 6 Rossman: And it certainly is ambiguous enough that we can defer to how it's been historically interpreted by the Planning and Zoning Commission and the City Council obviously. I would offer as well that my understanding of the Idaho State regulations, childcare regulations for licensing for facilities under state law the definitions do not include the particular caregivers own children from my understanding. Borup: Mr. Chairman, the only concern I think I would have is a situation perhaps where the operator had several children that were not in school that were home during the same time, and I can see a concern there where that would a problem with properly taking care of all of them, and this situation she just has the one child at home. The others are school age and high school and junior high. I think in my mind the concern would be on limiting that number. It would be to proper care. I mean you know a family could have three children under five years of age theoretically and to have five more in addition to that one person, it would not be feasible to handle. Rossman: And if I may-add to that, we can't this commission or the City Council can't interpret this ordinance in a manner that is not uniform between the applications. In other words, if an applicant comes before the commission and they have one child, the Council can't choose to interpret it as not including that particular child and then when the next applicant comes with seven of their own children interpret it the other way. So you have to keep in mind when you're interpreting this ordinance that you have to take into account all potential applications of the particular interpretation that you provide to the ordinance, and in this case it's one child. But you also have to consider the next case where you may have seven or eight children. Borup: That's the way I've been interpreting it. I may have been wrong, but on previous ones, if they've had - I think we've had some that had two children and they realize they could only have three more. So that's been my interpretation. It may not have been right, but that is the understanding that I had voted on things in the past with. De Weerd: Were those kids in school at the time or were those kids that would also be a part of the childcare? Borup: I'm saying not in school would count towards the number, and perhaps even half day. I think a full day of school is what would count there. Rossman: And that's correct. I mean I don't think there can be any interpretation that it doesn't apply to children that are in school, because the definition specifically says in that paragraph that it should be noted that in determining the type of childcare facility that is being operated, the total number of children cared for during the day and not the number of children at the facility at any one time as determinative. So anytime during the day and that's identified in the first paragraph for periods less than 24 hours per day, so I think it would apply to school age children and non school age children. The • Meridian Planning and Zoning Commission May 11, 1999 Page 7 question is do the applicants own children, are they included in the ordinance or are they not and my interpretation is that they are not but whether it's been historically applied that way I don't know. Borup: And I may be wrong again I'm repeating myself how I thought we were applying it is that their own children count if they're young enough not attending school. If they're older, it hasn't counted. Rossman: I don't think you can provide that interpretation on there. I don't think whether they're in or out of school - Borup: Well you asked how it's been interpreted. That's my understanding how we have in the past. MacCoy: Okay, Shari do you have anything else you want to add to this at this moment? Stiles: If I think I heard what he said, historically it has been interpreted that way. You also need to consider what happens if there are several grandchildren, foster children, where do you end the definition of their own children too. Rossman: Well the definition speaks for itself. It says parent or guardian, and whether the person is a parent or guardian that's a legal issue and it certainly can be -you know there's no ambiguity in whether someone is a parent or guardian. If they have legal custody of the child, then they're the parent or the guardian. I don't think that's a subject of ambiguity in the ordinance there, but according to Shari if it has been interpreted in the past to include the applicant's own children, I certainly couldn't argue with that, and it certainly wouldn't be inconsistent with the ordinance in light of the ambiguity that is there. MacCoy: Okay, Commissioners, are you ready to make a motion and then a vote? De Weerd: This is still a public hearing. Is there anyone else that would like to comment? MacCoy: Well we've already gone through that. Is there a hand that went up I see? Unidentified: I was just going to say - Rossman: Step up to the microphone sir. MacCoy: Identify yourself please. • Meridian Planning and Zoning Commission May 11, 1999 Page 8 Rossman: Name and address. DAVE TUCKER, 4014 HARBOR POINT Tucker: My name is Dave Tucker and I live on Harbor Point, 4014. I see why your meetings take so long. I don't know why you just don't give this lady what she wants. She's been asking for a long time. Whatever you decide, tell her that's what it is and that's it. Let's move on. Borup: We were getting ready to do that before you stood up. Rossman: You have to understand it's not that easy. You don't just make decisions flippantly without thorough consideration. This is something that we can't interpret ordinances inconsistently. It may be very easy to just say - Tucker: She is saying she asked months ago. Rossman: Sir, it may be very easy to say give her -accept her application in this position, but then this council has to consider what kind of precedent that's going to set for the next person that comes through the door. They've got to interpret these ordinances uniformly and they've got to thoroughly consider each of them, and they haven't wasted their with this particular application. Is there anything else you have to offer? Tucker: Yeah, I hope the rest of it moves a little faster. Rossman: Well we'll see. MacCoy: But to answer your question, the reason she was carried to this time was the fact that because of the legal implications the commissioners which are all professional people felt that we wanted a legal decision, so in her behalf which was in favor for her because if it taken the vote before we would have had probably to do something different. I don't know what it would have been, but - (Inaudible) MacCoy: Well I can too, but we're also we explained to her last time we were carrying it forward for the standpoint of a legal decision. De Weerd: Mr. Chairman, I have a comment. You know this application came in front of us just last month, so this is the first we've seen of it. She has five children under the age of 14, which are all in school but one. When you can only have five kids in a home daycare like she's applying, we are trying to find the fairest way for this applicant, and in • Meridian Planning and Zoning Commission May 11, 1999 Page 9 doing so we needed an interpretation of our own ordinance because as our ordinance reads, she cannot have more than her own kids in her home. So we are trying to be fair to her and giving her that consideration. So that's what this is all about. We're trying to find a way that she can care for her friend's two additional kids. MacCoy: All right commissioners, what about the public hearing? Borup: I move we close the public hearing and let's move on. Barbeiro: I second the motion. MacCoy: Public hearing is now closed. What's the discussion between the commissioners if any? Barbeiro: I am inclined to follow Eric's recommendation that it is interpreted as children that are not her own. Yet the frustration is how do we resolve that with how it has been interpreted in the past and do we have the right to change that interpretation here today? MacCoy: You are going to have to base your decision personally on how you understand the way the material has been read by the attorney, and how this affect this case and it's up to you to make that decision. Barbeiro: And could you please define if we vote yes, then we vote in favor of her having a daycare in her home? MacCoy: That's correct, yes. Barbeiro: Thank you. De Weerd: I guess Mr. Chairman the concern is what kind of precedence we're setting. In this particular case i would tike to see this accessory use permit granted, but will the next applicant then have five kids and want five additional kids? That puts it in a whole different category. So can we deal with this Mr. Attorney on a case by case basis. That's how I would like to see this happen. Rossman: You can't deal with it on a case by case basis in the sense that you develop an arbitrary standard that is not in the ordinance. For example that someone with one of their children in the home is acceptable but then someone with seven of their own children is not acceptable. The ordinance doesn't provide for that kind of an interpretation. You have to either decide whether it includes their own children or whether it doesn't and apply it uniformly. Meridian Planning and Zoning Commission May 11, 1999 Page 10 Borup: What was all the discussion about historic interpretation then? Rossman: Because the ordinance is ambiguous enough that you could decide either way is what I'm saying. There's not a clear answer that says yes, they're included or no, they're not included. My reading of the ordinance is that they're not included, but if you have historically interpreted it in the way that they are included, then there's certainly something to be said for uniform application of an ordinance. But the question is whether you include them or you don't include them. There's no other ambiguity involved. MacCoy: Do I hear a motion? Borup: Mr. Chairman I move we approve this application for accessory use permit for a family childcare facility. MacCoy: Do I hear a second? Barbeiro: I second the motion. MacCoy: All in favor? MOTION CARRIED: ALL AYES. Borup: I think we would have both liked to have added one -maybe not, I'm not sure what Tammy was leading to. I would like to approve it. MacCoy: All right go ahead. You want to make a recommendation for a correction? Borup: My recommendation would be for no more than four children outside of her own family. MacCoy: For this one here? Borup: Yes, and I believe that's what the applicant was intending all along. That's what she said in her letter of application. MacCoy: Okay, do I hear a second his - Borup: So I think that's consistent with what she was - I don't know if it's necessary, but - MacCoy: Well you can still make it that way. C Meridian Planning and Zoning Commission May 11, 1999 Page 11 Borup: Yeah, I'd like to amend my motion. MacCoy: Okay, is them a second to the amended motion? Barbeiro: I'll second the motion. MacCoy: All in favor? MOTION CARRIED: ALL AYES. • De Weerd: Mr. Chairman, this is the last hearing on this so we do need to ask for Findings from our City Attorney. Rossman: No, I believe this still goes to City Council. Oh, this is accessory use. Yes, we will do findings. You're right. De Weerd: Do we need that in a motion? Borup: Yeah: Rossman: It will come back before the Commission. Make a motion that we prepare Findings, and they'll come before the Commission next month. Borup: Mr. Chairman I make a motion we request the City Attorney to prepare Findings of Fact and Conclusions of Law on this application for approval. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: ALL AYES. ITEM NO. 2: CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SHERBROOKE HOLLOWS SUBDIVISION N0.4 (5 SINGLE FAMILY BUILDING LOTS ON 3.98 ACRES) BY GEM PARK II-NORTH OF VICTORY RD. & EAST OF LOCUST G-ROVE RD: De Weerd: Mr. Chairman, I move that we withdraw number two, the continued public hearing for request for preliminary plat for Sherbrooke Hollows Subdivision No. 4. Borup: Second. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. JUSTIN P. AYLSWORTH ATTORNEYS AT LAW KATHY J. EDWARDS JuuEKLHIN FISexER I O4 NINTH AVENUE SOUTH MERIDIAN OFFICE WM. P. GIGRAY~ ^i D. SwnnuEL JoxrvsoN WILLIAM A. MORROW POST OFFICE BOX 247 IDAHO 83653-0247 NAMPA I-~ . 1 ~..-l '~"J -'" ~ ~( / `V ~ ~ 200 EASrSA~roN AVENUE POST OFFICE BOX I ISO CHRISTOPHER $. NYE , . y~ MERIDIAN IDAH083660-1150 PHILIP A. PerERSON , TEL. (208) 288-2499 STEPHEN L. PRUSS ERIC S. ROSSMAN TEL (208)466-9272 ~ ~ ~ O ^ ~~~(~ ' ( FAX (208)288-2501 TODD A. ROSSMAN Fnx (208) 466-4405 J J R. STEPHEN RUTHERFORD PLEASE REPLY TO TERRENCE R. WxITE *,~ y 2 t y !) f ; ri (~ 1= ?. ~ 1 1 ~ ~ MERIDIAN OFFICE ~~ity ~;1€;rk ~~.r`ice E-MAIL: WFG~a WPPMG.COM June 3, 1999 William G. Berg, Jr. City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 Re: ACCESSORY USE APPLICATION BY: Applicant -Vicci Snyder Dear Will: Please find enclosed the original of the Findings of Fact and Conclusions of Law and Decision for the Accessory Use for the Family Day Care Home for the applicant, Vicci Snyder. Please present to the Planning and Zoning Commission for their meeting to be held on Tuesday, June 8, 1999. The Planning and Zoning Commission will need to vote on the matter. Very truly yours, -- R. Stephe u erford Enclosure msy~Z:\Work\M\Meridian 15360M\Snyder AUP\CityClkonAccssUseLtr f ~ MERIDIAN PLANNING AND ZONING MEETING: MAY 11 1999 APPLICANT: VICCI L. SNYDER ITEM NUMBER: 1 REQUEST: ACCESSORY USE PERMIT FOR FAMILY DAYCARE WITH 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 SEE ATTACHED MINUTES FROM 4/13/99 ~v t~' OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. a~~ -a~ ~~ ~i~ ~- `~ e'~-e `~ ~v~.'t ~ i~1d 1~te~' Shy, n.~~~s ~~-o ~~ ~rp_5~~. MERIDI"AN PLAf~IG & ZONING COMMISSION APRIL 13, 1999 PAGE 31 Barbeiro: Mr. Chairman, I move that we approve Item No. 6 public hearing request for a vacation of lots 8 & 9, block 8 Meridian Greens Subdivision by Charles Fuller. Borup: Just a clarification of the motion, I believe our agenda was typed wrong... De Weerd: Vacation of easement. Borup: Right, vacation of the easement rather than vacation of the lot. Is that what your motion was? Barbeiro: I stand corrected. Rossman: So amended. Barbeiro: So amended. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 7: REQUEST FOR ACCESSORY USE PERMIT FOR A FAMILY DAYCARE WITH FIVE OR LESS CHILDREN B VICCI LSNYDER - 2747 S VELVET FALLS WAY: VICCI L. SNYDER, 2747 S VELVET FALLS WAY, MERIDIAN, ID. Snyder: I have several children that are in high school and middle school and we had a surprise two years ago. Family is very important to me, so I wanted her to have some playmates as well. I wanted to open a family daycare. A friend of mine needed someone to watch her two sons because she has gone back to work. I thought this was a great opportunity forme, she has playmates and these two boys needed someone to care for them. I didn't know it was going to be such an ordeal to watch my friend's children. I don't plan on having a lot of children, I just want a couple of playmates for my daughter, until she is able to go to school. Is there any questions? MacCoy: Before we start with them, lets ask the staff-staff do you have any comments on this right now? De Weerd: Since we didn't prepare comments we would just like the comments, the ordinance prevail in the requirements for this and also to inform you that the MERIDIAN PLAN & ZONING COMMISSION APRIL 13, 1999 PAGE 32 definition of childcare would be children under 14 years of age, in counting the number of children. MacCoy: Which also includes your own children. I think you realize that. Snyder: Yes I do. MacCoy: That's a total number of five or less. Anything else staff? Okay, commissioners? De Weerd: I guess, how many children do you have under 14? Snyder: I have five children under 14, but they are gone at school, they are not even home during the day. They are gone before the daycare kids get there and because of their activities with basketball, track, and drama and everything else that teenagers are into, that the daycare the two boys are gone before they come home. De Weerd: You mentioned in your letter your hours of operation were 6AM to 6PM. Snyder: The two boys actually come somewhere between 7:45AM and 10AM depending on whether mother or father brings them and they are usually gone between 4PM and 4:30PM. De Weerd: Okay, I did notice in your drawings you have a fence and they are adequately locked or opened and closed... Snyder: They are locked, there is a sub-fence that is also locked to keep them in the direct backyard so they are not running off onto the side yard. De Weerd: That's a four foot fence? Snyder: Yes. . De Weerd: Okay, do you have any water features in your backyard? Snyder: Yes, there is a faucet. De Weerd: I mean like a pool or fountains. Snyder: No. De Weerd: Okay, thank you. MERIDIAN PLAN~G & ZONING COMMISSION • APRIL 13, 1999 PAGE 33 MacCoy: Any other questions from the commissioners? Borup: I have none. MacCoy: All right thank you. Is there anyone here who would like to speak in favor of what you have just heard about a daycare center? Having nobody stand up for that, is anybody here who would like to speak on the negative side of this daycare center? Seeing none, commissioners? Barbeiro: Mr. Chairman, I move that we close the public hearing. Borup: Second. MacCoy: Any discussion? Rossman: Mr. Chairman, point of clarification we have a couple of letters in here in the file from a Cheri Moore and a Vicci Snyder, do we want to incorporate those into the record? Barbeiro: Vicci Snyder is the applicant? Rossman: Cheri Moore, but there is also a letter from Vicci Snyder do you want to include that in the record? Borup: Yes I do. De Weerd: Yes, since I've already brought information into the testimony on that letter. Rossman: Move that they be added to the record. De Weerd: I would move that the two letters be added into the record. Borup: We haven't made the motion yet have we? De Weerd: Well actually we have a motion on the floor to close... Borup: Oh, I'm sorry, because it wasn't in the public testimony. I understand. De Weerd: So we need to do that before we close the public hearing? Rossman: You can do it now. De Weerd: We have a motion on the floor to close the public hearing. MERIDIAN PLAN & ZONING COMMISSION • APRIL 13, 1999 PAGE 34 MacCoy: Hold it right here, staff wants to say something here. Stiles: Mr. Chairman, commissioners, I would just like to point out that the way the ordinance is written, it's the number of children cared for throughout the day that is determinative, not the number that are there at one time. So if the applicants testimony regarding her children 14 and under they're throughout the day those five children would have to be included as part of their five. Borup: Is this consistent with the passed application? Stiles: Yes. It's the number of children cared for throughout the day. MacCoy: What if they are not home? Stiles: But they are still cared for sometime throughout that day. That means you couldn't have five children come in the morning and another five children come in the afternoon. MacCoy: I understand that, I was just thinking about her own children that leave in the morning and don't come home till... Borup: Off to school. De Weerd: Who wrote that ordinance. Stiles: You are responsible for that ordinance. Borup: I don't think that's something that has come up in the past. MacCoy: Not that way it hasn't anyway. Borup: This is the first time I think it's been mentioned in the 14 years of age MacCoy: Usually the applicant has small children so it's easy to lump those all together because you just count noses. We haven't had somebody that f can remember that has come forward as teenagers. Borup: I don't think it's been mentioned either way. That's the problem. I mean the small children have been, under school age, it's always come up, but school age children I don't think it's been an issue. Rossman: Well, I'm not sure Shari's interpretation of the ordinance that is there is incorrect. There are days of perhaps inservicing days when all the children will be there. There are, even though on an average day, they are not all there, MERIDIAN PLAN & ZONING COMMISSION • APRIL 13, 1999 PAGE 35 think it is designed to anticipate any days where the particular homeowners own children will be there as well as the additional children. MacCoy: Spoken like an attorney. Rossman: All though I didn't draft the ordinance. Borup: So question for staff, do we have any options to try and help accommodate Mrs. Snyder here? Stiles: Not the way the ordinance is currently written, t don't see how. De Weerd: Does this ordinance follow state guidelines? Stiles: I'm not sure what the state requirements are, it might be 11 or 12 that you can leave a child home alone and not be committing a crime. Rossman: What, I don't think you are right on that one. Stiles: This is health and welfare, not state code. MacCoy: What you are telling us is there is no way we have any leeway to put a .variance in this thing based on conditions. Is that what I'm hearing from you? Stiles: The way I read the ordinance, I don't see how. MacCoy: I'll give it back to the attorney, how do you see it? Rossman: I see it that if the ordinance, if that's the way the ordinance reads as Shari has described it, we can take a look at it, but assuming that is the way that it reads, you can't ignore the ordinance. You can't create a variance to an ordinance requirement. MacCoy: Commissioners hearing from staff and from the attorney, do you want to table this for one month and have it reviewed? Rossman: That probably would be advisable to allow me sufficient time to review the ordinance and see if there are any alternatives to denial. Barbeiro: Shari, can you define (Inaudible) one more time. It is five children that can be cared for? Stiles: A family childcare home is for a maximum of five children. You have your ordinance or want to refer to it later, it's basically under the definitions that are contained on page 8 for a family childcare home and directly from the ordinance MERIDIAN PLAN & ZONING COMMISSION • APRIL 13, 1999 PAGE 36 it says it should be noted that in determining the type of childcare facility that is being operated, the total number of children cared for during the day and not the number of children at the facility at any one time is determinative. Snyder: Mr. Commissioner, I have some information that may help. Rossman: Public hearing hasn't been closed. If you want to withdraw the motion. (Inaudible) MacCoy: You drop the second. Borup: Yes. MacCoy: Okay, the public hearing is still open and you can talk. Snyder: The two boys that I watch have older siblings that are also in middle school and for the days that there is no school, the older brother watches them and they do not come to my home. MacCoy: So it's not a double up situation, it's not just your kids plus them no matter when i# comes. Snyder: No, no. When there is no school, the older brother watches them. MacCoy: All right. Barbeiro: What's involved in the difference between a family childcare home and a group childcare? That seems to be the step up for her to allow for those. De Weerd: An R-4 only allows the accessory use doesn't it? Stiles: It's the zoning, the R-4 zoning is a lower density and only allows a family child care home, they don't allow the group child care home. MacCoy: Do you have any children over 14? Snyder: Yes, I have a daughter that is 15. MacCoy: You still have a total of five? Snyder: I have a total of six children. MacCoy: A total of five under fourteen and under, right? MERIDii4N PLAI~IG & ZONING COMMISSION • APRIL 13, 1999 PAGE 37 Snyder: Yes. MacCoy: All right, do you: want to table this one month so we can get this thing straightened out? De Weerd: We could see if there is any option that we have. MacCoy: Yes, I think we sitting here-we are in a muddle right now. I would like to give the attorney a chance to review this. Borup: I'm sure there is plenty of them around this town that are in the same situation. Rossman: Let's table it and let me take a look at that, because there is nothing in there that spells out, to my review that spells out whether or not your own children have to be included or not. Let me take a look at it and lets table it for a month and I'll provide a report in the mean time. MacCoy: Do I hear a motion to close the public hearing again so we can do this. We can't-we want to continue the public hearing, then make a motion about, yeah. De Weerd: Does the applicant understand why we would postpone it another month? Okay. Yes, Mr. Chairman, I would like to move that we continue the public hearing for the accessory use permit for family daycare with five or less children. MacCoy: To what date? De Weerd: To May 11th Barbeiro: I second the motion. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: To the applicant, it will be to your benefit that we've done this because we are going to look into the legality of this and see if there is a way that we can hopefully support your request. (END OF TAPE) ITEM NO. 8: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING ~ ~ MERIDIAN PLANNING AND ZONING MEETING: APRIL 13 1999 APPLICANT: YICCI L SNYDER ITEM NUMBER: 7 REC~UEST: ACCESSORY USE PERMIT FOR A FAMILY DAYCARE WITH FIVE OR LESS CHILDREN AGEN Y 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: REVIEWED .,,n ,~l/j 1 (// ~~ OTHER: 411 Materials presented at public meetings shall become property of the City of Meridian. ~lrr~ ~'~ cc~ LSD- e~.~.~t ~~~ ~~'~ ' ~. , ~~g ~ ~~~ COMMENTS SEE ATTACHED LETTERS REVIEWED SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS 1 • February 18, 1999 Shari Stiles Zoning Administrator City of Meridian 200 East Carlton, Suite #201 Meridian, ID 83642 Dear Ms. Stiles: • gEcE~D ~E8 2 2 1999 ~~ ~~ ~1~~ra>~x I received a notification of an application for an Accessory Use Permit for the operation of a Family Child Care Home at 2747 S. Velvet Falls Way, Meridian, Idaho. This address is directly across the street from my home. I do not have any outright objections to such a facility at this location but I do have concerns: 1) The family at this address contains several children (I believe five) and the possible addition of five more is not insignificant. I prefer no more than three children be allowed in the daycare. 2) I want to know that the children and any equipment involved will be confined to the interior of the home and the back yard to prevent the deterioration of my property value due to a messy appearance from the street of the daycare home. 3) I am extremely adamant that the hours of the daycare encompass only normal business hours, say 7:00 AM to 6:00 PM so that there will be no extra traffic on the street during the evening, late night, and early morning hours. 4) I want to know that the area of the street directly in front of my home will not be used for parking for daycare customers. Thank you for giving me the opportunity to voice my concerns. Sincerely, l ~~~.~ ~ ---~i Cheri D. Moore 2732 S. Velvet Falls Way Meridian, ID 83642 • ~~cEr~D err ~D ~' MAR X61999 March 13, 1999 MAR t ~, 1999 CI`~'Y~~~,,~/~ry°y~1F~~jD~~,~'~~! r 4~1'1(tlr^!P1 ~+1~1~'~~\ll ~ ~i~rVJj~I(~i Cft4 t~{ ~ ,i~1CC% Shari Stiles C~tcr i ~F~r~. Zoning Administrator City of Meridian 200 East Carlton, Suite #201 Meridian, Idaho Dear Ms. Stiles, It has come to my attention that one of my neighbors has some concerns about my home being a Family Child Care Home. All of her concerns could have been addressed, if she would have talked to me. However since she didn't I will address her concerns this way. First of all , my children are not little ones. We are talking about teenagers, who are in school or off at their varies activities during the day. My children are gone before the children arrive in the mornings. And they are only home for an hour in the afternoons, if that, before the children leave. I do have one child that will be counted with the daycare. So the maximum amount of children, I can have is four. As you can see in my application that the front yard in not intended for daycare use. Velvet Falls seems to be a busy street. I would not let little children play where they would be in danger. I understand her concern about traffic, however what are normal business hours for a daycare. My hours are Gam to 6pm Monday thru Friday. My driveway will hold fow cars. I started my daycare in January. I applied for a accessory use permit as soon as I found out I needed one. Yesterday I called to find out the status of my application. I found out, that I should have had the permit before I started. I am trying to rectify this matter as quickly as possible, so that I am in accordance with city regulations. According to the paperwork I was given, there was a two week window that concerns could be addressed. My application was received on the 3rd of February. That two week window should of been from the 3rd of February, the date the application was received, thru the 17th of February, which is 14 days later. Mrs. Moore's letter wasn't written until the 18th of February, and wasn't recieved until the 22nd of February. I understand her concerns, however I have four children, including my own, at the present. If she hasn't noticed the daycare she surely shouldn't. I feel that Mrs. Moore's letter wasn't written within the two week time line. I also feel that the neighborly thing to do was to speak with me. Nevertheless, I have addressed each of her concerns. I would like to know, what happens next and what do I need to do. I am sorry that this matter has taken so much of your time. Please let me know what I need to do to rectify this matter. Siely, Vicci L. Snyder 2747 S. Velvet Falls Way Meridian,ID 83642 • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE LEGAL DEPARTMENT A Good Place to Live B Co il M b CITY OF MERIDIAN unc em ers PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN IDAHO 83642~-~ ~ ,, y (?08) 887-?21 l ~ ~sl•,~v~j ~ CANNING AND ZONING Ph 208 88 44 RON ANDERSON . , one ( ) 8- 33 • Fax (208) 887 + - KEITH BIRD ' DEPARTMENT Mr~R O ~ ~ggg (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: April 6, 1999 TRANSMITTAL DATE: February 26, 1999 HEARING DATE: April 13, 1999 FILE NUMBER: AUP-99-003 REQUEST: ACCESSORY USE PERMIT FOR A FAMILY DAYCARE BY: VICCI L. SNYDER LOCATION OF PROPERTY OR PROJECT: 2747 S VELVET FALLS WAY _ 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 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE R Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-221( PLANN--ING AND ZONING DLT~~ E D R MAR 0 8 1999 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT P$Q+~Tt~~ridian WITH THE CITY OF MERIDIAN City Clerk Office 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: April 6 1999 TRANSMITTAL DATE: February 26, 1999 HEARING DATE: April 13, 1999 FILE NUMBER: AUP-99-003 REQUEST: ACCESSORY USE PERMIT FOR A FAMILY DAYCARE BY: VICCI L. SNYDER LOCATION OF PROPERTY OR PROJECT: 2747 S VELVET FALLS WAY 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 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 (ANNEXATIQON) YOUR CONCISE REMARKS: ~" o ' CITY ATTORNEY CITY ENGINEER ~/Ow N,~•a f~ C©c~,v'f ~l,•~ Kias ¢l~e~~ /--C2~,a~~ CITY PLANNER c (~ n/~e ~ e ~QH aLe,-~" /~ ,~ ~ S ? ~l'~~ ow-°-s- Mayor ROBERT D. CORR~ o ~n it M m rs CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 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: April 6, 1999 TRANSMITTAL DATE: February 26, 1999 HEARING DATE: April 13, 1999 FILE NUMBER: AUP-99-003 REQUEST: ACCESSORY USE PERMIT FOR A FAMILY DAYCARE BY: VICCI L. SNYDER LOCATION OF PROPERTY OR PROJECT: 2747 S VELVET FALLS WAY _ 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: ADD ~.~/~~S T F MAR - 3 1999 CITY (1F 1'IEIIIDLAPI .~~ cou~t~~~~~wu~ ~~~t~~~ Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-64~R ~ 2 X999 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 ~~~~~ ~~' x'11'+Rl Susan S. Eastlake, Commissioner a-mail: tellus@achd.ada.~d~t~NG ~t ZO?~`TN March 10, 1999 U~~~G, s~y~~- City of Meridian 33 East Idaho Meridian, ID 83642 Re: MAUP-99-003 2747 S. Velvet Falls Way 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. AlI 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. 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 CENTRAL •• DISTRICT ~'1'rHEALTH DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEPART`~`'IENT Environmental Health Division ~c~~ " L~ MAR 0 8 1999 Conditional Use # Preliminary /Final /Short Plat _ ,~cc~,rso~~ ~f, ~r iCC~i Sc ~~ Return to: ^ Boise ^ Eagle ^ Garden City Meridian ^ Kuna ^ Acz City of IVteridian ;, ,~,~ :,,per A ~. . icy -~ 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 cbnditions 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. ,Q 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 ^ I0. 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, thena sewage system MUST be installed to meet Idaho State Sewage Regulations. 13. We will require plans be submitted for a plain review for any: ^ food establishment ^ swimming''~pools or spas ~chitd care center f pily CSC) ^ beverage establishment ^ grocery stlore ^ 14. Date: ~ /.~/~ Reviewed By: [DND 10/91 rc6, ~.,m Review Sheet • ~-~ F .'d , MAR - 5 1999 L~ ~ ~~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RE: Accessory Permit for Family Daycare - Vicci L. Snyder Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 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 3 March 1999