Loading...
HomeMy WebLinkAboutHerteux, Carrie AUP 03-004Project: Carrie Contact: DAY CARE INSPECTION CHECKLIST City of Meridian Planning & Zoning 011J C"'Q- Inspection Date: 3 / I q / C? j Inspected by: a"C 0q+ -,c Site Review Elements Comments O.K. STANDARD 1. Fenced area 2. Locked gate 3. Off-street parking (1 spare per employee) 4. Trash enclosure/area 5. Screening of adjacent properties V 6. Traffic (no congestion, -adequateprotection) LICENSES/PERMITS 1. DHW (required for Group and Child Centers — not Family) 2. Central District Health Dept. " �� h �� f w. SITE SPECIFIC 1. n 2. -- c' r 3. 4. 5. Inspection Sign-Ofj` /I Incomplete (no sign-ofg Temporary � Final C:\P&Zadm in\DayCarelnspectionCheckl ist City of Meridian Accessory Use Permit Issued to: _z C ;^; ti>� x Permit # Address: 61 '{ }z; uv- f Home Phone #__ SSN: Date Issued:1 /t;_; t Approved Use: FaV,,; ��� �; �,cc:r� �r . car Eetiv-r C �" i<I'.r, It is the intent to permit home occupations in residential dwellings which do not change the appearance of the residence nor the conditions of its residential character. The following conditions shall apply: (1) No person other than members of the family residing on the premises shall be engaged in such operation; (2) The use of the dwelling unit for home occupation shall be clearly inci- dental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25%) of floor area of dwelling unit shall be used in the conduct of the home occupation; (3) No article shall be sold or offered for sale on the premise except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; (4) No significant traffic shall be generated by the con- duct of such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off- street parking requirements as specified in City Ordinance and shall not be located in a required front yard; (5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single family residence; (6) In no way shall the appearance of the residence be altered nor 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 elec- trical interference. 9 Approved: V . Approved: pp ed. Plan ' g & Zoning Fire Department March 3, 2003 AUP 02-012 MERIDIAN PLANNING & ZONING MEETING March 6, 2003 APPLICANT Came Herteux ITEM NO. 3-B REQUEST Findings —Request for an Accessory Use Permit for a Family Day Care for five or fewer children out of home in an R-4 zone for Carrie Herteux — 2948 West Gemstone Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Materials presented at public meetings shaN become property of the City of Meridian. RECEIVED FEB 2? LCA BEFORE THE MERIDIAN CITY PLANNING AND ZONING COMMIS f Meridian �lerk Office IN THE MATTER OF THE ) Case No. AUP-02-012 REQUEST FOR AN ACCESSORY ) USE PERMIT FOR A DAYCARE OF FIVE ) FINDINGS OF FACT AND OR FEWER CHILDREN IN AN R-4 ZONE ) CONCLUSIONS OF LAW FOR CARRIE HERTEUX, 2948 WEST ) AND ORDER OF GEMSTONE DRIVE, MERIDIAN, IDAHO ) APPROVAL OF APPLICATION FOR ACCESSORY USE PERMIT The above entitled accessory use permit application having come before the Meridian Planning & Zoning Commission on February 6, 2003, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 o'clock p.m., and the Commission having received the report of Sonya Allen of the Meridian City Planning & Zoning Department, and Mr. Derrick Herteux, husband of the Applicant, Carrie Herteux, the Applicant, and others appeared and testified, and the Commission having duly considered the matter makes the following findings of Fact and Conclusions of Law and Decision of Order. FINDINGS OF FACT 1. The Commission takes judicial notice of the Meridian City Zoning, Subdivision and Development Ordinances, codified at 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382. FINDINDS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF APPROVAL OF APPLICATION FOR ACCESSORY USE PERMIT FOR CARRIE HERTEUX 2. Staff has complied with the requirements of I.C. §§ 67-6509, 67-6512, and §§ 11- 2, 11-3 and 11-9-4 of the Meridian City Code. 3. The Planning and Zoning Commission takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The Applicant/Owner is Carrie Herteux whose address is 2948 West Gemstone Drive, Meridian, Idaho. 5. The proposed location for the Applicant's accessory use is located at 2948 West Gemstone Drive, and is within an R-4 zone. The property on which the desired accessory use is located is surrounded entirely by residential use property and is located within the Sunburst Subdivision, all within R-4 zoning. 6. The principal permitted use of the subject property is residential. 7. The proposed accessory use would be a daycare which would be contained within Applicant's residence. The proposed daycare would serve up to five (5) children per day. 8. The Commission took into consideration a December 17, 2002, letter of objection/opposition from Loretta Young-Sidener, neighboring property owners, and a February 4, 2003, letter of objection/opposition from Clint and Debby Wheeler, neighboring property owners. 9. No party was present at the February 6`h hearing to raise further objection to the Application. FINDINDS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF APPROVAL OF APPLICATION FOR ACCESSORY USE PERMIT FOR CARRIE HERTEUX 2 10. The Commission took into consideration the testimony of Armin Herteux, and Kari Moline, both of whom supported the application. 11. Mr. and Mrs. Herteux testified that the proposed day care would not have an adverse impact upon the neighboring properties. CONCLUSIONS OF LAW 1. That §11-9-4 of the Meridian City Code establishes the factors involved in a determination of the Commission as to whether to grant or deny an accessory use permit. 2. That the provisions of § 11-9-4 of the Meridian City Code apply to the present application. 3. That the accessory use of a residential property as a day care for up to five (5) children per day is a use that is habitually or commonly established as reasonably incidental under the requirements of §11-9-4(A)(1) of the Meridian City Code. 4. That a factor to be considered by the Commission in its determination of an Accessory Use application for a day care facility is the potential adverse impact of such accessory use upon adjacent property. (§ 1 1-9-4(l)(e)). 5. That the Applicant has provided sufficient proof to show that the requested accessory use would not provide an adverse impact to other property in the affected area. ORDER OF APPROVAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, the above named Applicant is granted the Accessory Use Permit for reasons stated above. FINDINDS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF APPROVAL OF APPLICATION FOR ACCESSORY USE PERMIT FOR CARRIE HERTEUX r. The Planning & Zoning Commission of the City of Meridian hereby adopts and approves this Decision and Order of Approval. By action of the Planning and Zoning Commission at its regular meeting held on the 6`i' day of February, 2003. ROLL CALL: COMMISSIONER DAVID ZAREMBA VOTED COMMISSIONER LESLIE MATHES VOTED COMMISSIONER JERRY CENTERS VOTED COMMISSIONER MICHAEL ROHM VOTED (absent) CHAIRMAN KEITH BORUP (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. By: City Clerk ZAWork\M\Meridian\Meridian 15360M\herteuxAUPFF.CL.doc Dated: FINDINDS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF APPROVAL OF APPLICATION FOR ACCESSORY USE PERMIT FOR CARRIE HERTEUX 4 02/04/03 CITY OF MERIDIAN PLANNING AND ZONING COMMISSION RE: ACCESSORY USE PERMIT CARRIE HERTEUX RECEIVED FEB 0 52003 CIN OF MERIDIAN CITY CLERK OFFIPT p, Z CoMi�t,. 09/6u/0-3 THIS IS OUR WRITTEN TESTIMONY IN REGARDS TO THE ABOVE CAPTIONED ACESSORY USE PERMIT. IT IS OUR REQUEST THAT THIS PERMIT SHOULD NOT BE ISSUED FOR A FAMILY DAY CARE CENTER FOR THE FOLLOWING REASONS. 1) THE INCREASED TRAFFIC IN OUR SUBDIVISION IS UNDESIRABLE AND WOULD BE A SAFETY CONCERN. 2) A SUBDIVISION IS A RESIDENTIAL HAVEN AND COMMERCIAL VENTURES SHOULD NOT BE ALLOWED. 3) ALLOWING THIS PERMIT TO BE ISSUED OPENS THE DOORS TO OTHER COMMERCIAL VENTURES. THANK YOU FOR CONSIDERING OUR TESTIMONY AGAINST ISSUING THIS PERMIT. SINCERELY, CLINT & DEBBY WHEELER 1768 N. VICTOR AVE MERIDIAN, IDAHO 83642 February 3, 2003 AU P 02-012 MERIDIAN PLANNING & ZONING MEETING February 6, 2003 APPLICANT Carrie Herteux ITEM NO. 7 REQUEST Public Hearing — Request for an Accessory Use Permit for a Family Day Care for five or fewer children in an R-4 zone for Carrie Herteux — 2948 West Gemstone Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See Attached Comments CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: See Attached Comments ADA COUNTY HIGHWAY DISTRICT: See Attached Comments CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See Attached Letter from Loretta Young-Sidener Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. 01/30/03 William G. Berg, Jr, City of Meridian 33 East Idaho Avenue Meridian, Id 83642 RE: Public Hearing for an Accessory Use Permit For a Family Day Care Dear William: RE('--4/EIVED FED - 3 2003 City Of Meridian City Clerk Office I received your letter regarding the Notice of Public Hearing, for the purpose of reviewing and considering the application of Carrie Herteux for an Accessory Use Permit for a Family Day Care for five or fewer children located at 2948 West Gemstone Drive. As I stated in my letter on 12/17/02 to the Meridian Planning and Zoning Commission I object to having a Day Care in our subdivision especially where this is located as it is a main street in and out of the subdivision. I moved into this neighborhood because it was a quiet residential subdivision and not "commercial' property. If this is allowed this will increase the noise, traffic and the appearance of our neighborhood. They say it is only for five or fewer children but are they counting their own children as well, if not then the number has already increased to more than five and then before you know it has increased to a dozen because we all know how things happen. So once they have a permit who would ever know or check on them? Once this is allowed then there will be others requesting the same thing and even for different operations and then there goes the subdivision which will get run down which we do not want this to happen. Again I do object to this request for the permit to have a Family Day Care in our subdivision... this is residential not commercial property! Thank you for your time and I hope you will consider our concerns on this request. COMM . Loretta Yo g -Sid 2953 W Gemstone Dr Jkvvv"' F w , Meridian, Id 83642 12/17/02 Brad Hawkins -Clark City of Meridian Planning and Zoning Department 660 E. Watertower Lane, Suite 202 Meridian, Id 83642 RE: The Permit for the Operation of a Family Day Care Dear Brad: RECE� CITYQEC 19 PL�iYG�&,g�j�Y Received your Certified letter regarding the permit that Carrie Herteux has filed with the Zoning Administrator of the City of Meridian for an Accessory Use Permit for the operation of a Family Day care. I object to having a Day Care in our subdivision especially straight across from us because I moved into this neighborhood because it was a quiet residential subdivision and not commercial property. If this is allowed this will increase noise, traffic and the appearance of our neighborhood. They say it is only for 5 children but are they counting their own children as well, if not then the number has already increased to more than 5 and then before you know it it has increased to a dozen because we all know how things happen. So once they have a permit then who would ever know or check on them. This is also one of the main streets into the subdivision which would increase traffic with people coming and going at all different hours of the day. Once this is allowed then there will be others requesting the same thing and even for different operations and then there goes the subdivision which will get run down and we do not want this to happen. Therefore, I do object to this request for the permit to have a Family Day Care in our subdivision. Thank you for your time and I hope you will consider our concerns on this request. Sincerely, J� AYounSidene 2953 W. Gemston Meridian, Id 83642 BEFORE THE MERIDIAN CITY PLANNING AND ZONING COMMIS{ `s£ ti2 rS IN THE MATTER OF THE REQUEST FOR AN ACCESSORY USE PERMIT FOR A DAYCARE OF FIVE OR FEWER CHILDREN IN AN R-4 ZONE FOR CARRIE HERTEUX, 2948 WEST GEMSTONE DRIVE, MERIDIAN, IDAHO Case No. AUP-02-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF APPROVAL OF APPLICATION FOR ACCESSORY USE PERMIT The above entitled accessory use permit application having come before the Meridian Planning & Zoning Commission on February 6, 2003, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 o'clock p.m., and the Commission having received the report of Sonya Allen of the Meridian City Planning & Zoning Department, and Mr. Derrick Herteux, husband of the Applicant, Carrie Herteux, the Applicant, and others appeared and testified, and the Commission having duly considered the matter makes the following findings of Fact and Conclusions of Law and Decision of Order. FINDINGS OF FACT 1. The Commission takes judicial notice of the Meridian City Zoning, Subdivision and Development Ordinances, codified at 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382. FINDINDS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF APPROVAL OF APPLICATION FOR ACCESSORY USE PERMIT FOR CARRIE HERTEUX n 2. Staff has complied with the requirements of I.C. §§ 67-6509, 67-6512, and §§ 11- 2, 11-3 and 11-9-4 of the Meridian City Code. 3. The Planning and Zoning Commission takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The Applicant/Owner is Carrie Herteux whose address is 2948 West Gemstone Drive, Meridian, Idaho. 5. The proposed location for the Applicant's accessory use is located at 2948 West Gemstone Drive, and is within an R-4 zone. The property on which the desired accessory use is located is surrounded entirely by residential use property and is located within the Sunburst Subdivision, all within R-4 zoning. 6. The principal permitted use of the subject property is residential. 7. The proposed accessory use would be a daycare which would be contained within Applicant's residence. The proposed daycare would serve up to five (5) children per day. 8. The Commission took into consideration a December 17, 2002, letter of objection/opposition from Loretta Young-Sidener, neighboring property owners, and a February 4, 2003, letter of objection/opposition from Clint and Debby Wheeler, neighboring property owners. 9. No party was present at the February 6`h hearing to raise further objection to the Application. FINDINDS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF APPROVAL OF APPLICATION FOR ACCESSORY USE PERMIT FOR CARRIE HERTEUX 2 10. The Commission took into consideration the testimony of Armin Herteux, and Kari Moline, both of whom supported the application. 11. Mr. and Mrs. Herteux testified that the proposed day care would not have an adverse impact upon the neighboring properties. CONCLUSIONS OF LAW 1. That §11-9-4 of the Meridian City Code establishes the factors involved in a determination of the Commission as to whether to grant or deny an accessory use permit. 2. That the provisions of § 11-9-4 of the Meridian City Code apply to the present application. 3. That the accessory use of a residential property as a day care for up to five (5) children per day is a use that is habitually or commonly established as reasonably incidental under the requirements of §11-9-4(A)(1) of the Meridian City Code. 4. That a factor to be considered by the Commission in its determination of an Accessory Use application for a day care facility is the potential adverse impact of such accessory use upon adjacent property. (§ 11-9-4(1)(e)). 5. That the Applicant has provided sufficient proof to show that the requested accessory use would not provide an adverse impact to other property in the affected area. ORDER OF APPROVAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, the above named Applicant is granted the Accessory Use Permit for reasons stated above. FINDINDS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF APPROVAL OF APPLICATION FOR ACCESSORY USE PERMIT FOR CARRIE HERTEUX r-► The Planning & Zoning Commission of the City of Meridian hereby adopts and approves this Decision and Order of Approval. By action of the Planning and Zoning Commission at its regular meeting held on the 6th day of February, 2003. ROLL CALL: COMMISSIONER DAVID ZAREMBA COMMISSIONER LESLIE MATHES COMMISSIONER JERRY CENTERS COMMISSIONER MICHAEL ROHM CHAIRMAN KEITH BORUP (TIE BREAKER) DATED: 3- & •0 3 VOTED 46L el VOTED VOTED 'y G� VOTED VOTED — MOTION: APPROVED. DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Wort�,,,1,,,,,�� Department, and the City Attorney office. ``i����y C)f M qua B Dated: City Clerk SEAL - �G �Cr ��Q �STi5�• QZ` �••` ZAWork\M\Meridian\N4eridian 15360M\herteuxAUPFF.CL.doc FINDINDS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF APPROVAL OF APPLICATION FOR ACCESSORY USE PERMIT FOR CARRIE HERTEUX 4 MAYOR Robert D. Come CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nary MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - FAX (208) 887-4813 City Clerk Office Fax (208) 8884218 To: Mayor, City Council and Planning & Zoning Commission From: Sonya Allen, Planner I Re: Herteux, Carrie LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FAX 888-6854 January 30, 2003 'E �t ?.2003 "i,,1 Of Meridian City Clerk, Office • Accessory Use Permit Approval for a Family Childcare Home for Five or Fewer Children at 2948 W. Gemstone Drive, in the Sunburst Subdivision, located in a R-4 Zone, by Carrie Herteux (File No. AUP-02-012). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Carrie Herteux, has requested approval of an Accessory Use Permit (AUP) for the establishment of a "Family Childcare Home" in order to care for up to five children per day at 2948 W. Gemstone Drive in the Sunburst Subdivision. The Planning and Zoning Commission is required to hold a hearing for an AUP if there are any objections that have been filed concerning the application. Objections to the proposed AUP are required to be submitted within a 15 -day comment period that begins on the first day of notice publication in the Valley News. The planning and zoning staff has received one (1 objection to the proposed daycare at this location within the aforementioned 15 -day timeframe. 2 Ordinances pertaining to Accessory Use Permits and "Family Childcare Homes" are located in sections 11-9-4A and 11-9-4B2 of the MCC. LOCATION The property is located at 2948 W. Gemstone Drive, generally located north of W. Cherry Lane and east of N. Ten Mile Road. ADDITIONAL BACKGROUND INFORMATION Family Childcare Home Standards (MCC 11-9-4B2)- The following standards are listed as minimum requirements for the establishment of a Family Childcare Home: AUP-02-012 Curie Heneux AUP Planning & Zonin'-Isbmmission/Mayor & City Council ^ January 30, 2003 Page 2 a. Secure and maintain a childcare license from the Idaho State Department of Health and Welfare, Childcare Licensing Division, if required. b. Acquire an occupancy certificate and/or building permit. c. Provide one off-street parking space per employee which may be in the driveway of the home. d. Provide for child pickup area located off of arterial or collector streets. e. Provide for screening of adjacent properties to protect children from adverse impacts .and to provide a buffer between properties. f. Provide a fence of appropriate height/construction, to enclose play areas, protection children from traffic on arterial or collector streets. Staff finds that the applicant is not required to obtain a childcare license from the State of Idaho, although it is recommended, and that the submitted site plan provides the required parking, pickup area, fencing and screening. Staff finds further that he applicant meets the remaining requirements of the MCC noted above. Letters of Objection- As mentioned above, staff has received one (1) letter of objection to the proposed daycare. The letter, dated December 17, 2002 from Loretta Young-Sidener, 2953 W. Gemstone Drive, has been included in your packets for review. RECOMMENDATION Staff recommends that the Planning and Zoning Commission consider the public testimony (written and verbal) presented during the public hearing in order to determine if the proposed daycare use will adversely affect other properties in the general vicinity. Staff recommends that if the Commission finds that the proposed use will not adversely affect surrounding properties, and that the daycare facility meets the requirement of the MCC, the Commission should approve the Accessory Use Permit. AUP-02-012 Carrie Heilm AUP NL\FOR ROBERT D. CoRRIE COUNCIL MFNIBERS WILLIAM L.M. NARY KEITH BIRD TAMMY DE WEERD CHERIE MCCANDLESS RURAL FIRE CONU fISSIONERS RICH.•\RD GREENE TERRY LEIGHTON STEVE ELLIOTT r'\ c.rry OF IunHo . F K qac MERIDIAN CITY/RURAL FIRE DEPARTMENT 1, HIEF KEN W. BOWERS DEPUTY CHIEF - FIRE PREVENTION JOSEPH SIL V A DEPUTY CHIEF - TRAINING BILL JOHNSON 540 East Franklin Road Meridian, ID 83642 (208)888-1234 Fax (208) 895-0390 January 27, 2003 REGE1 VIED !AN 2 7 2003 City Of Meridian. City Clerk Office TO: Mayor, City Council & Meridian Planning & Zoning Commission FROM: Joseph Silva, Deputy Chief, Fire Prevention SUBJECT: Daycare at 2948 West Gemstone Drive AUP 02-012 The following will be the recommendations to provide minimum levels of fire protection for the proposed daycare: EXITING REQUIREMENTS: a. Are the required exits located to provide an unobstructed path outside the building to a public way or area of refuge? Y N b. Can exit doors be opened from the inside without the use of a key or any special knowledge or effort? Y N c. Are there at least two exits (travel distance between not to exceed 75 feet) located a distance apart, not less than one-half the diagonal dimension of the building or portion used for daycare? Y N Exception: The distance between exits can be extended to 90 feet if the building is totally protected throughout with smoke detectors, and in buildings with automatic fire sprinkler systems, the distance may be increased to 110 feet. d. Are the required exits not less than 32 inches of clear exit width and not less than six feet, eight inches (6'8") in height? Y N Exception: Sliding patio doors will be accepted as a required second exit in "Family and Group Daycare Facilities" only. e. Are sleeping rooms provided with at least one (1) emergency egress window having at least a minimum single net clear opening of 5.7 square feet, minimum height 24 inches, minimum width 20 inches, and maximum finished sill height not over 44 inches? Y N Note: An approved exit door is acceptable in lieu of egress windows. Also, an approved piece of furniture or platform, if anchored in place, can be approved to sit in front of a window, if the sill height if over 44 inches. f. Are approved egress windows from sleeping areas operable from the inside without the use of separate tools? Y N �-. Where children are located on a story low the level of exit discharge (basement), are there at least two exits provided, on of which is directly to the outside? Y N h. Daycare is prohibited on any upper floor beyond the first floor. Exception: Daycare is permitted at the second floor level, provided that the building is protected throughout by an automatic fire sprinkler system and has two exit doors directly from the second floor level to the outside. Is the facility in compliance? Y N 2. FIRE EXTINGUISHER REQUIRED: a. Is there a portable fire extinguisher (minimum 2A-10BC) mounted securely in a visible location not to exceed fire (5) feet from the floor to the top of the extinguisher, and not more than seventy fire (75) feet travel distance, and is it maintained properly? Y N Note: Fire extinguishers shall be maintained as per the Uniform Fire Code Standards. 3. TELEPHONE REQUIRED a. Is there an operable telephone on the premises? Y N 4. SMOKE DETECTOR REQUIRED: a. Is there a smoke detector installed in the basement having a stairway, which opens from the basement into the facility? (such detector shall be connected to a sounding device or other detector to provide an alarm, which will be audible in the sleeping area). Y N b. Are approved smoke detectors provided in a central location in the hallway or area giving access to rooms used for sleeping purposes? Y N If the applicant is required to pass a fire inspection required by another agency, then the requirements as set forth by the State Fire Marshal will be required to be met. ACHD Ada County Highway District E. Susan o. tasuaKe, ist vice rresiaent Garden City ID 83714-6499 Dave Bivens, 2nd Vice President Phone (208) 387-6100 John S. Franden, Commissioner FAX (208) 387-6391 David E. Wynkoop, Commissioner E-mail: tellus@ACHD.ada.id.us January 16, 2003 TO: Carrie Herteux 2948 W. Gemstone Drive Meridian, Idaho 83642 SUBJECT: MAUP02-012 Day Care 2948 West Gemstone Drive RECEIVED JAN 2 12003 City of Meridian City Clerk Office The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. The ACHD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. However, ACHD receives many calls from neighbors of day care center concerning the volume of traffic and the number of parked vehicles near existing day care centers. Each parent typically makes two round trips per day (i.e. four one-way trips). The Institute of Transportation Engineers (ITE) data show that a typical day cares created 4.52 vehicle trips per day per student. The proposed 5 student facility can be expected to generate 23 total vehicle trips per day. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. If you have any questions feel free to contact me at (208) 387-6170. Sincerely, D el pment Analyst Planning & Development Cc: Planning & Development/Chron/Project File Planning & Development Services City of Meridian 0 ch W 11 Z O a � rW Z� V co N �Jw G� z W U to: m U. 0 0 r- 0 0 0 m 0 0 M 9 Cr CENTRAL DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # CENTRAL DISTRICT HEALTHJQEPARTMEN,T turn to: Environmental Health Dinion RECE XIE ❑Boise IAN i X003 LJEagle City of Meridian ❑ Garden City City Clerk £fice ,(.Meridian Preliminary / Final / Short Plat ❑Kona ❑ ACZ : ;_1 " l4 le:rV_ C..a e- ❑Star ❑ 1. 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. ❑ 11. 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 ❑ beverage establishment ❑ grocery store �14. , vlhe_, - w, // ��� �s,, cf .�u s.�.t- �i,,.«� Date: CP1W CD Reviewed By: CDHD9/OOlkc Review Sheet M kYOR Rotvrt 0. Cttrrw CITY COUNCIL MCN11131:16 T,Imm\ &AV%:c1•d Wflhuw L ',I N iry C'hc'nc NIuCwdlcss Kali Bird ('I IY ill• 4 tiJ` OAHU t LEGAL t)FPOTMENT (20111 2`)3 1109 - Fn raizKs k Ria. HE \T1t)N (_t)K K\S-3571) - 1-t% ,�98 iit)1 I1 I}LIC \%t)kRS jos.»tx) -FJt Aa7 Ell ILDINO DC!,QT\I1::,, PLA \Vluc, %\f) 7u,Vl`G 1205):'6-4-)j.33 - Fa. i,,i•U`,=1 TRANSMITTALS 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 Clerk's Office Attn: Will Berg, City Cleric, by: January 30, 2003 Transmittal Date: January 2, 2003 Hearing Date: February 6, 2003 File No.: AUP 02-012 Request: Accessory Use Permit for a Family Day Care for five or fewer children out of home in an R-4 zone for Carrie Herteux By- Carrie Herteux Location of Property or Project: 2948 West Gemstone Drive David Zaremba, PfZ (No vAR vAc. Fp) Jerry Centers, P/Z (No vAR, VAC, FP) Leslie Mathes, P/Z (No vAR. VAC, FP) Michael Rohm, P/Z (No vAR, vAC. FP) Keith Sorup, P/Z pw VAR. VAC, Fl) Robert Corrie, Mayor Bill Nary, CIC Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, vAc. FP) Building Department 1 WAST L !_;—"*AJef g"prf I/VCGlAS2- Mrl�! � irrAt!�L Oe,AGdYE �AQtJ/Cs GrLL4-P2tir S S G Meridian School District (No FP) Meridian Post Office (FPipp ony) Ada County Highway District Community Planning Assoc. Central District Health _Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (Fppp onlp) U.S. West (FP1PP only) Intermountain Gas (FP/PPonry) Bureau of Reclamation (Fmpp only) Idaho Transporlation Department ()vo Fp) Ada County (Annexidon onry) Your Concise Remarks: Fire Department _Police Department City Attorney City Engineer City Planner Parks Department JAN 3 0 2003 City Of Meridian 33 EAST IDA110 - MERIDIAN. 10AHn 83612 (20S)S98-4411, Fax (208) 887.4813 - City Clerk Oilire Fax (208) 888.42 18 - Huirwn Rt:soutceb Fax (208) 288. 1193 JAN 30 103 13:07 208-888-5052 PAnp lad MAYOR Robert D. COITIe CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cheric McCandless CITY OF IDAHO 1� R � LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PARKS & RECREATION (208 888-3579 - Fax 898-5501 PUBLIC_WORKS (208) 898-5500 -Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 Keith Bird k: v• u Cf • �soa PLANNING AND ZONING (208)884-5533 - Fax 888-6854 TRANSMITTALS 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 Clerk's Office Attn: Will Berg, City Clerk, by: January 30, 2003 Transmittal Date: January 2, 2003 Hearing Date: February 6, 2003 File No.: AUP 02-012 Request: Accessory Use Permit for a Family Day Care for five or fewer children out of home in an R-4 zone for Carrie Herteux By: Carrie Herieux Location of Property or Project: 2948 West Gemstone Drive David Zaremba, P/Z (No VAR, vAc, FP) -Jerry Centers, P/Z (No VAR, vAc, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P/Z (No VAR, vac, FP) Keith Borup, P/Z (No VAR, vac, FP) Robert Come, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, vAc, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPiPP only) U.S. West (FP/PP only) Intermountain Gas (FP1PP only) Bureau of Reclamation (FP)PPo*) Idaho Transportation Department (No FP) Ada County (AnnexaBon only) RECEIVED JAN - 8 2003 City of Meridian City Clerk Office 33 EAST IDAHO - MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 - City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 288-1193 s. MAYORi"� ;Yw. LEGAL DEPARTMENT i t'-08)_33-'199 •Fac 233-2501 Rupert D. Carrie � rt<�F .<L PARKS & RECREATION cr,� - ` (208 358-3579 - Fax 398-5501 CITY COI: NCIL MEMBERS ��i���n- PUBLIC_N&ORKS Tammy dcW'ecrd IDAHO (_08) 898-5500 -Fax M7-1297 William L. M. Nary BUILDING DEPARTMENT Cherie McCandless y�C (208)837-_'2l I •Fac a87-197 Keith Bird ec7eR°f'c TgF ` ate V.. SINCE PLANNING AND ZONING ( 208) 884-5533 • Fax X88-685.1 TRANSMITTALS 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 Clerk's Office Attn: Will Berg, City Clerk, by: January 30, 2003 Transmittal Date: January 2, 2003 Hearing Date: February 6, 2003 File No.: AUP 02-012 Request: Accessory Use Permit for a Family Day Care for five or fewer children out of home in an R-4 zone for Came Herteux By: Carrie Herteux Location of Property or Project: 2948 West Gemstone Drive David Zaremba, P/Z (No VAR, vAc, FP) Jerry Centers, P/Z (No VAR, vAc, FP) Leslie Mathes, P/Z (No VAR, vAc, FP) Michael Rohm, P/Z (No VAR, vAc, FP) Keith Borup, P/Z (No VAR, VAC, FP) - Robert Come, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, vAc, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: RECEIVED JAN - 6 rnj Meridian School District (No FP) Meridian Post Office (FPlpPonly) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP orgy) U.S. West (FPrnP onty) Intermountain Gas (FPiPPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation only) FECEIIIED JAI 0 ,i r City of Meridian City Clerk Offiec CITY OF MERIDIAN 33 EAST IDAHO • MERIDIAN, IDAHO 83642 WASTEWATER, DEPT. (208) 888-4433 • Fax (208) 887-4813 • City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 288-1193 TRANSMITTALS 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 Clerk's Office Attn: Will Berg, City Clerk, by: January 30, 2003 Transmittal Date: January 2, 2003 Hearing Date: February 6, 2003 File No.: AUP 02-012 Request: Accessory Use Permit for a Family Day Care for five or fewer children out of home in an R-4 zone for Came Herteux By: Carrie Herteux Location of Property or Project: 2948 West Gemstone Drive David Zaremba, P/Z (No VAR, vAc, Fp) Jerry Centers, P/Z (No VAR, vac, FP) Leslie Mathes, P/Z (No VAR, vAc, Fp) Michael Rohm, P/Z (No VAR, vac, FP) Keith Borup, P/Z (No VAR, VAC, Fp) Robert Come, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, vAc, FP) Building Department Fire Department Police Department City Attorney City Engineer 1/ City Planner Parks Department Your Concise Remarks: Meridian School District (No Fp) Meridian Post Office (Fp/Pp only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (Fp/Pp onry) U.S. West (Fp/pp onry) Intermountain Gas (Fp/pponly) Bureau of Reclamation (Fplpp only) Idaho Transportation Department (No Fp) Ada County (Annexation only) 33 EAST IDAHO - MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 - City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 288-1193 MAYOR LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 Robert D. Currie �!-, rrv, OF PARKS &RECREATION CITY COUNCIL MEMBERS y ._ i f (208 888-3579 - Fax 898-5501 Tammy deWeerd �' ������� PUBLIC kVORKS (208) 898-5500 -Fax 887-1297 IDAHO �' William L. M. Nary h /j FcF BUILDING DEPARTMENT Cherie McCandless (208) 887-2211 • Fax 887-1297 Keith Bird �� tirFR TRF sySINCE PLANNING AND ZONING 1900 (208) 884-5533 - Fax 888-6854 TRANSMITTALS 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 Clerk's Office Attn: Will Berg, City Clerk, by: January 30, 2003 Transmittal Date: January 2, 2003 Hearing Date: February 6, 2003 File No.: AUP 02-012 Request: Accessory Use Permit for a Family Day Care for five or fewer children out of home in an R-4 zone for Came Herteux By: Carrie Herteux Location of Property or Project: 2948 West Gemstone Drive David Zaremba, P/Z (No VAR, vAc, Fp) Jerry Centers, P/Z (No VAR, vac, FP) Leslie Mathes, P/Z (No VAR, vAc, Fp) Michael Rohm, P/Z (No VAR, vac, FP) Keith Borup, P/Z (No VAR, VAC, Fp) Robert Come, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, vAc, FP) Building Department Fire Department Police Department City Attorney City Engineer 1/ City Planner Parks Department Your Concise Remarks: Meridian School District (No Fp) Meridian Post Office (Fp/Pp only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (Fp/Pp onry) U.S. West (Fp/pp onry) Intermountain Gas (Fp/pponly) Bureau of Reclamation (Fplpp only) Idaho Transportation Department (No Fp) Ada County (Annexation only) 33 EAST IDAHO - MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 - City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 288-1193 " r - CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208)884-5533 Phone / (208)888-6854 Fax ACCESSORY USE APPLICATION 1• APPLICANT: (Owner or holder of valid option) ADDRESS:V'D W. Geyvavm >Y GENERAL LOCATION: &th bUr j4 Q� bA FILE77 a — z Phone: �1A LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy): Wf i 0a ill -h PR OF OF OWNERSHIP: Copy of property deed ust bl attache , with o tion agreement and �C �f g notarized consent of owner if applicant is not legal owner. � SIZE OF PARCEL OR LOT: 3A W ZONING CLASSIFICATION: 9-9-t?) P--4 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 parking and yard 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-). ,nn �`�� DESCRIPTION OF REQUESTED ACCESSORY USE: I 0 r , V1/ t I' I d Clro `kW6 FEE: $150.00 Rev. 211102 i . Use made of all abutting lots or parcels: V2i t t� tC�c� 2. Are there other acc ssory �s of a similar at re in the area? If so, state the location and the accessory use: 3. PIssiblp adverse impacts on adjacent property such as noise, traffic, excess fight, odor, etc.: no Itu 4. Do you agree to pay increased sewer, water or trash fees if such are required due to increased use? I(,� 5. 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 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 rear yard of the primary building? e. Will the accessory building occupy less than 40% of the required rear 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 yard? 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?TO If so, attach a copy of your license. ,^n b. Have you applied for or received an occupancy permit?—AW YIXd M If so, attach a copy of your application or permit. C. Is one off-street parking space per employee provided?� d. If the home is located on an arterial or collector, is an off-street child pick-up area provided? ft I A e. Is screening of adjacent properties providedNttv f. Is the play area for the children fenced from streets andneigh rs? If so, what is the fence height and type of construction? 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 they�¢ence as a home occupation incidental and ubordinate to its use as a residence? 'o M Will the home occupation use more than 25% of the floor area of the dwelling?. 2 Rev. 211102 d. Will any iteoffered 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 o ?ation? g. Will off-street parking requirements be met? h. Will off-street parking requirements be located in a required front yard?_ i. Will equipment or processing create noise, vibrations, glare, mes, odor, or electrical interference detectable to the normal senses off the lot? Inn j. Will the appearance 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 qnd in the emission of noise, fumes, odors, vibrations or electrical interference? �(( I hereby certify that the information contained herein is true and correct. STATE OF IDAHO ) ss. County of Ada SIGNATURE:-.0 SOCIAL SE RITOYI NO.: DATE:__ _� 2 On this 6;�h day of , 2009 -before me, the undersigned, a Notary Public in and for said State, personally appeared�l "if, Olrl' ,,P ALl , 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. CRYSTAL WHIPPLE NOTARY PUBLIC (SEAL) STATE OF IDAHO n Notary P blic foo daho , Residing at: My Commission Expires: Rev. 211102 Armin & Brenna Herteux 4940 N Soaring Lane Eagle, Idaho 83616 208/939-7521 October 9, 2002 To Whom It May Concern, This is to verify that Carrie Herteux has our permission to operate a daycare business in the house she rents from us at 2948 Gemstone Drive, Meridian, Idaho. Ate"C Armin Herteux ( ,,nn...Tea ne �,a8 Brenna Herteux OT ` Ia00a a -A, (Z � \-9--xk9kt s v �YM "® �' JBt 3 .� 14W A Pioneer Company PIONEER T= COMPANY AOA COUNTY RECORD` J. DAY►O NAVARRO 9nicE.lrjA11Q 2W MR 28 Pfd 4-- 08 OF ADA COUNTY 8151 W. Rifleman Ave. / Boise, Idaho 83704 (208)377-2700 aIqm *PA) WARRANTY DEED 1q RECORDED- REQUEST OF FEE2QFPUT -� 102036532 PIONEER TITLE For Value Received Gregory L. Berheim and Dawn S. Berheim, husband and wife hereinafter referred to as Grantor,, do�.es/hereby grant, bargain, sel warrant and convey unto Arminv Hertteeux and Brenna Herter band and wife hereinafter referred to as Grantee, whose current address is 4940 N. Soaring Lane, Eagle, Idaho 83616 the following described premises, to -wit: Lot 6 in Block 5 of Sunburst Subdivision No. 2, according to the plat thereof, fled in Book 60 of Plats at pages 5894 and 5895, records of Ada County, Idaho. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: March 26, 2002 Gregory L. Berheim STATE OF Idaho. County of Ada, ss. X/jz__—' Dawn S. Berheim On this 27th day of March, in the year of 2002, before me the undersigned, notary public personally appeared Gregory L. Berheim and Dawn S. Berheim known or identified to me to be the person4ersons whose name is/are subscribed to the within vnstrument, and acknowledged to me that hP/chC/thA'executed the same. ,••` w lLt - "'## 4t OTAR y �: el -41 �� 75 57 r4 el -41 �� 57 r4 O'NEIL MICHAEL E SR 12982 W WOODSPRING ST BOISE ID 83713-0000 2979 W HIGAN ST SMITH RORY L SMITH CONNIE A 2951 W HIGAN 5T MERIDIAN ID 83642-0000 SCOTT WINSTON G SCOTT LAURIE J 1844 N BING AVE MERIDIAN ID 83642-0000 HERTEUX ARMIN HERTEUX BRENNA 4940 N SOARING LN EAGLE ID 83616-0000 2948 W GEMSTONE DR JUKER JASON T A JUKER VIKKI L 2982 W GEMSTONE DR MERIDIAN ID 83642-1191 HEBBLETHWAITE MARK A HEBBLETHWAITE ANNE 1828 N BING AVE MERIDIAN ID 83642-0000 ARNDT JOANA L 2987 W GEMSTONE DR MERIDIAN ID 83642-1192 YOUNG-SIDENER LORETTA 2953 W GEMSTONE DR MERIDIAN ID 83642-0000 ABUTTING PROPERTY OWNERS 2948 W. GEMSTONE DR. WALLACE KEVIN P WALLACE JANET K 2933 W GEMSTONE DR MERIDIAN ID 83642-1192 L 10-`, 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 Carrie Herteux has filed with the Zoning Administrator of the City of Meridian an application for an Accessory Use Permit for the operation of a Family Day Care for five or fewer children out of her home at 2948 W. Gemstone Drive, 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 Brad Hawkins -Clark, Zoning Administrator, City of Meridian, 660 E. Watertower Ln., Suite #202, 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 2948 W. Gemstone Drive is more particularly described as Lot 6, Block 5 of Sunburst Subdivision No. 2, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 6th day of December, 2002. BRAD HAWKINS-CLARK, INTERIM ZONING ADMINISTRATOR PUBLISH December 10th and 17th, 2002. n 12/17/02 Brad Hawkins -Clark City of Meridian Planning and Zoning Department 660 E. Watertower Lane, Suite 202 Meridian, Id 83642 RE: The Permit for the Operation of a Family Day Care Dear Brad: 1�CE -T DEC 19 pLCITY '�Il1TG���I Received your Certified letter regarding the permit that Carrie Herteux has filed with the Zoning Administrator of the City of Meridian for an Accessory Use Permit for the operation of a Family Day care. I object to having a Day Care in our subdivision especially straight across from us because I moved into this neighborhood because it was a quiet residential subdivision and not commercial property. If this is allowed this will increase noise, traffic and the appearance of our neighborhood. They say it is only for 5 children but are they counting their own children as well, if not then the number has already increased to more than 5 and then before you know it it has increased to a dozen because we all know how things happen. So once they have a permit then who would ever know or check on them. This is also one of the main streets into the subdivision which would increase traffic with people coming and going at all different hours of the day. Once this is allowed then there will be others requesting the same thing and even for different operations and then there goes the subdivision which will get run down and we do not want this to happen. Therefore, I do object to this request for the permit to have a Family Day Care in our subdivision. Thank you for your time and I hope you will consider our concerns on this request. Sincerely, &W.Gemston dene Meridian, Id 83642 C) o� 0 CA) 0 0 0 0 0 N 0 0 r N co n G Z mic icD � --I 'D � z M o 00 X r-~ F-� CHERRY LANE WARD 1377 0246441 1 /97 Silt Fust National Bank THE CHURCH OF MERIDIANIDAHO Salt Lake City, Utah JESUS CHRIST , 97-185/1243 OF LATTER-DAY SAINTS / Date %/ �/� Z -/e �- F.O. Pay to the /-"7- a� _Q_ order of _ / ❑ Budget g Dollars ❑ Missionary �oft,ta-daysnm rroT VALID FOR OVER �fo,oao nw<3uwa,dttr t•Quno..d e.ma. Q.P.e�.K.,�loOr IS ❑ Other 50 6r! Nodi TmipbStr�st Solt Lk. Gly, Utah UIS -1780 (D �. n,o,,.Iaa1lz40-Mvs r Puronse ILr� Grcc ✓1 / An ID F-� + D a D -o m z (D �. CEJ o z wa mz 0 n � <' c� C" m m x M> m v D m z D > n K m O v z W m D > I' m n O z z T O ,v m m M O CD o x z C r" D z � lin v C t r G D -- --- --- -- --- --- -- --- --- -- --- --- -- --- --- - z