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HomeMy WebLinkAboutMoore, Nicole AUP 06-010 CITY OF MERIDIAN PLANNING DEPARTMENT DATE: TO: FROM: SUBJECT: July 14, 2006 Anna Canning, Planning Director Kristy Vigil, Assistant City Planner ,~ .. ACCESSORY USE STAFF REPORT x'- ~-~ a ;.;~- , ~,r. Application for a family day care facility by Nicole Moore. Request to Operate a Family Day Care Facility for Six or Fewer Children out of her home located at 2955 W. Wilder Street. We have reviewed this submittal and offer the following comments: APPLICATION SUMMARY The applicant, Nicole Moore, has requested approval to operate a family day care facility for 6 or fewer children out of her home located at 2955 W. Wilder Street, Meridian, Idaho. The property is zoned R-4, which allows for a family day care facility with written approval from the Planning Director. LOCATION The property is located at 2955 W. Wilder Street in the SW % of T. 4N., R. 1 W., Section 35. APPLICABLE CODE Section 11-4-3.9 of the Unified Development Code (UDC) for the City of Meridian lists specific criteria for day care facilities that serve children: 1. In determining the type of day care facility, the total number of children cared for during the day and not the number of children at the facility at one time, is the determining factor. The operator's children are excluded from the number. 2. On-site vehicle pickup. parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho Department of Health and Welfare-Family and Children's Services Division. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. 6. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The AUP-06-010 Nicole Moore PAGE 1 CITY OF Mr,RIDIAN PLANNING DEPARTMENT ti~CESSORY USE STAFF REPORT fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the Meridian City Municipal Code. 7. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 8. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. STAFF RECOMMENDATION Staff recommends Denial of the accessory use for Nicole Moore. We received testimony there was insufficient parking on the site. We have conducted two site visits and there are no available pick- up/drop-off parking areas on the site. For that reason, we are denying your application because it appears to be insufficient in size and configuration for the proposed use. AUP-06-010 Nicole Moore PAGE 2 n ~' ~ ,~' CITY OF ?t~~ ~_~~~1 ~YlG~1~yI _ `~~~ IDAHO i. ~. r'F y/F R ~~' TREASI,RE. V NAY BINGE 1903 MAYOR ~ July 14, 2006 Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HIZ 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6854 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 /fax 884-1159 Nicole Moore 2955 W. Wilder Street Meridian, Idaho 83642 RE: Accessory Use Permit application (AUP-06-O10). Dear Ms. Moore: This letter is to confirm the denial of yow request to operate a family day care facility for six or fewer children located at 2955 W. Wilder Street. The findings are stated in the attached staff report. You, the Duector, or a party of record may appeal this decision or a condition of approval by requesting City Council review of this decision. All requests shall be filed in writing with the Planning Department within fifteen (15) days of the date of this letter and comply with the provisions of UDC 11-SA- fiB. Sincerely, . ~~ Kristy Vigil for Anna Borchers Canning Planning Director CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8719 Printed on recycled paper ~. CITY OF MERIDIAN PLANNING DEPARTMENT ACCESSORY USE STAFF REPORT ,~ fir, ~~ A DATE: July 14, 2006 rrcv ~~ ~i~'~~ . TO: Anna Canning, Planning Director (~',~~,~,~~ "'~ Y tc.F.v~ca FROM: Kristy Vigil, Assistant City Planner ~~~{~ t.. -`ail ~. T x~ ~ SUBJECT: Application for a family day care facility by Nicole Moore. Request to Operate a Family Day Care Facility for Six or Fewer Children out of her home located at 2955 W. Wilder Street. We have reviewed this submittal and offer the following comments: APPLICATION SUMMARY The applicant, Nicole Moore, has requested approval to operate a family day care facility for 6 or fewer children out of her home located at 2955 W. Wilder Street, Meridian, Idaho. The property is zoned R-4, which allows for a family day care facility with written approval from the Planning Director. ~ LOCATION The property is located at 2955 W. Wilder Street in the SW % of T. 4N., R. 1 W., Section 35. APPLICABLE CODE Section 11-4-3.9 of the Unified Development Code (iJDC) for the City of Meridian lists specific criteria for day care facilities that serve children: - 1. In determining the type of day care facility, the total number of children cared for during the day and not the number of children at the facility. at one time, is the determining factor. The operator's children are excluded from the number. 2. On-site vehicle pickuA, parkinE and turnaround areas shall be provided to ensure safe discharge and pickup of clientsand Uickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho Department of Health and Welfare-Family and Children's Services Division. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. 6. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The AUP-06-010 Nicole Moore PAGE 1 n CITY OF MERIDIAN PLANNING DEPARTMENT ACCESSORY USE STAFF REPORT fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the Meridian City Municipal Code. 7. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 8. Outdoor play areas in residential districts adjacent to an existing residence shall not be used a$er dusk. STAFF RECOMMENDATION Staff recommends Denial of the accessory use for Nicole Moore. We received testimony there was insufficient parking on the site. We have conducted two site visits and there are no available pick- up/drop-off parking areas on the site. For that reason, we are denying your application because it appears to be insufficient in size and configuration for the proposed use. AUP-06-010 Nicole Moore PAGE 2 r %r V, - _ ~l d ~~ Val V~ ~-( ~ ~N 1~1,N'l ~ S ~~' "`17~ 1~ ~ ad June 12, 2006 Planning Director City of Meridian c/o Kristy Vigil, Asst. City Planner 660 E. Watertower Lane, Ste. 202 Meridian, Idaho 83642 RE: Application for the operation of a Family Day Care for six or fewer children located at 2955 W. Wilder Street Dear Ms. Vigil, We were advised of the above-referenced application by letter. The information was reviewed by the board of directors for Hartford Estates Neighborhood Association, where the subject property is located. Please be advised that the neighborhood association has no objection to the use of the property as requested, provided the owner and operator of the business complies with applicable neighborhood covenants regarding use of the property as "HOME OFFICE." That is, no signs should be allowed or displayed and customers must park in the driveway. A copy of the covenant with regard to business activity is encloded herewith. Thank you for your consideration. Very truly yours, Hartford Estates Neighborhood Association ~~~~ by David P. Claiborne, Treasurer /'~ n Contro! Guidelines published by and on file with the Board of Directors of Hartford Estates Neighborhood Association. Approval of all exterior colors must be obtained from the Board, and any future changes to colors or exterior must be first approved by the Board. 4.9 Lots Subject to ACHD Storm Drainage Easements. The northern twenty (20) feet of Lots 1 7, 18, 19, and 20 are subject to special ACRD storm drainage easements as set out in the plat. This twenty foot area shall remain free of encroachments, including fences and trees which may adversely affect the drainage, operation and maintenance of the easement area. Before doing any landscaping in this easement area (other than lawn and shrubs), the Owner shall first obtain approval from ACRD as to what is permitted by ACRD in this easement area. 4.10 Driveways. All Lots shall have a concrete driveway and a minimum of two concrete car parking spaces within the boundaries of each Lot. No driveway or parking area shall be asphalt, dirt, rock or gravel. 4.11 Roofs. Roofs must be of at least 5 in 12 pitch. No gravel roofs are allowed. Roofing materials and colors shall be in compliance with the Architectural Control Guidelines published by, and on file with, the Board. 4.12 Business Activity. No building in this Subdivision may be used for any commercial business purposes, manufacturing operations or as a retail business. A "Home Office" business shall be allowed if permitted under the applicable City Ordinances. Ariy Home Or'fices, however, shaii be subject to the foiiowing restrictions: A) no signs of any kind shall be allowed on the premises advertising the business, B) no commercial vehicles shall be parked in the street, C) no more than two "customers" or "clients" visit the Home Office business at any one time and they park in the driveway and not in the street, D} no unsafe or unsightly conditions shall be allowed to exist on the premises. 4.13 Landscaping. Landscaping shall comply with the Architectural Control Guidelines published by, and on file with the Board. Berms and sculptured planting areas are strongly encouraged. Landscaping of the front yard shall be completed within thirty (30) days after occupancy of the home {weather permitting} and such landscaping shall be the responsibility of each respective Owner of the Lot. HARTFORD ESTATES SUBDIVISION CC&R's c4-2s-2oo2) Page 8 of 35 ~ ~ ~~ '~~ June 2, 2006 To Whom It May Concern: I received your letter in regards to Nicole Moore's approval request to operate a home based Family Day Care at her 2955 W. Wilder Street, in Merdian. I am 100% against this proposal. I live across the street from that residence and based from what I've seen, I do not believe the Moores would run a responsible Day Care out of their home. They do not even follow our CC&R's for the subdivision. I have had to call the Meridian animal control several times, in regards to their barking dog. The dog still barks to this day. Never once have I witness them trying to correct the dog. Never. There are people coming and going from the residence all the time as things are. They have extra vehicles parked on the street which is a violation of our CCR's. With a day care, that problem would nsagnify with parents coming and going to pick up children. I am not against anyone trying to earn a living to support their family, but I do not want this across the street from my house. I have invested a great deal of money and labor into my property which has added to the value of the subdivision and my neighbors property values. A home based day care at the Moore's would do nothing but detract from my property value and privicy as well as my other neighbors. I am completely against their proposal, and I sincerely hope you will take this letter in consideration and deny the day care request. Sincerely, ~,~{~~.t.+wt Oo Jeff Varner 2932 W. Wilder Meridian, Idaho tv~>DrAv ~ >~ARrr ~ sA>~rY ~eoRn AND EVACUAT70N PI.RPL Check daily: ~ ~ ' • Evacuation plan and procedures are posted. Exits open freely; exits are not blocked. Electrical appliances are working properly. Electrical outlets are not overloaded. • Extension cords are not used in place of permanent wiring. • Fireplaces, wood burning stoves, fireplace inserts, heaters, etc., are used safely and barricaded when needed. • combustible rubbish is not allowed to accumulate. • Flammable or combustible material is stored safely. Oate detector checked (monthly): f Date batteries replaced (annually): ~ ~ What 3. will you do before the fire department arrives? ~~~~ ~/ G / ` /~~e `~ !~ , • _ ~~ ~ R ~-•~Gc G/< yGC- /Ol ~i- ~ GL G~' ~- •S GL ~C' ~! S ~Gc~vt.C L° Gtr ~/~-- y ~~ U vr. ~~ ~u. s e o ~- ih F ~~: ~ // 71,7-" r/e a. ~-Q ~ ~G/ ~.e_r ~ wi, 4. Howwillyou make sure all persons are evacuated and a ccounted for? Cer~ ~~~e ~~ ~ ~T u ~ L'-"-~e / ~/ a/ ~Ja y / ~ ~ ~ ~. ,,,.e ~ ~/il/ ~ ~ ~e~G(' Y ~~~~ ~a.c a F cJ is /h Gz-~tc~ GL rJ~/vr C' C®~-T- a'S "~aME ~,/ iJ d lCo P /~hCr ~ ~r`~ .~ '~ ~~~-C E ,,~ ~'_%_~ ~~. Kristy Vigil From: Kristy Vigil Sent: Thursday, May 25, 2006 3:37 PM To: 'Kenny Bowers' Subject: AUP inspections Hi Kenny can you please contact: Sherry Zavala, 855-9479, 698 Tall Pine Place Nicole Moore, 631-3920, 2955 W. Wilder Street ~. Both need inspections for in-home daycare for six or fewer children. Thanks, Kristy ti :J F[ (:ITY nF ~Atvt ~~~ ~ ~' ~ `,3~ ~_~~~1 ~Y1G~1~Y1 .~ ~, \~ IDAHO j .. r;. ,^ t n Ine"Ti«~s~~ar" VN.~rY SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 /fax 884-1159 May 23, 2006 ~"~ RE: Application for the operation of a Family Day Care for six or fewer children located at 2955 W. Wilder Street. To Whom It May Concern: This letter is to inform you that Nicole Moore requested approval to operate a Family Day Care for six or fewer children out of her home at 2955 W. Wilder Street, Meridian, Idaho. You are invited to submit comments, either for or against this request. All comments must be filed with the Planning Director within 15 days after the date of this letter and should be addressed to Planning Director, City of Meridian, c/o Kristy Vigil, Assistant City Planner, 660 E. Watertower Ln., Ste. 202, Meridian, Idaho. Sincerely, r ,~ yC..~ Kr'st Vi it for" G! J Y g Anna Borchers Canning, AICP Planning Director CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (2~8) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper A Z m n N C~ C3~ C3~ V r rf rf 0 TEN MILE /"'~ ~ ~ RADIUS NOTICE REPORT FILE NAME: 2955 24 May-2006 Owners Owner Address BAKER DUSTIN R 2977 W WILDER ST MERIDIAN, ID 83642-0000 Property Address: 2955 BAKER DUSTIN R 3010 W PUDU ST MERIDIAN, ID 83642-0000 Property Address: 2955 CLAIBORNE DAVID P 3008 W WILDER ST SE CLAIBORNE JULIE A MERIDIAN, ID .83642-0000 Property Address: 2955 FARLEY WILLIAM 2976 W WILDER ST FARLEY HEATHER MERIDIAN, ID 83642-0000 Property Address: 2955 GOODS DARCY A 2910 W WILDER ST MERIDIAN, ID 83642-0000 Property Address: 2955 HUTCHINSON PATRICIA A FAMILY TRUST 2912 W PUDU ST HUTCHINSON PATRICIA A TRUSTEE MERIDIAN, ID 83642-0000 Property Address: 2955 MOORS BRIAN H 2955 W WILDER ST MOORS NICOLE D MERIDIAN, ID 83642-0000 Property Address: 2955 OBREGON RUBEN 2933 W WILDER ST OBREGON AMELIA G MERIDIAN, ID 83642-0000 Property Address: 2955 PAPADOPULOS AURORA I 2956 W PUDU ST MERIDIAN, ID 83642-0000 Property Address: 2955 1 ~ ~ Owners Owner Address PORT DANIEL 2934 W PUDU ST MERIDIAN, ID 83642-0000 Property Address: 2955 RICE E DONALD 2978 W PUDU ST RICE JULIE ANN MERIDIAN, ID 83642-0000 Property Address: 2955 ROOD WESLEY L 2911 W WILDER ST ROOD VANESSA L MERIDIAN, ID 83642-0000 Property Address: 2955 TROFIMUK VASILIY 2954 W WILDER ST TROFIMUK GALINA MERIDIAN, ID 83642-0000 Property Address: 2955 VARNER JEFF L 2932 W WILDER ST MERIDIAN, ID 83642-0000 Property Address: 2955 WEIGUM JONATHAN N 3009 W WILDER ST WEIGUM PAMELA J MERIDIAN, ID 83642-0000 Property Address: 2955 2 I V'.:. - i - ~-%~'`'tGl'7G~l~n ~ Y ~,~0~ Planning Department ' IDAi-FO ~~ ~, ~ ~~ f~F,. ~~ ,~,~, STRATIVE REVIEW APPLICATION ~`"Nar,F~,~ev.~,r~ ~it~ ~~~~ Q~~ ~~~ ~..~~ 4 Type of Review Requested (check all that apply) Accessory Use ^ Alternative Compliance ^ Certificate of Zoning Compliance STAFF USE ONLY• F i 1 ~~ n u mh e ~ ~ , ~ ~ ~~ Q ~ ~_t~ ~~ ^ Conditional Use Permit Minor Modification ~ ^ Design Review ^ Pro e Bo and Ad' p rty ary 3ustment Pro~ect ~~ t line 4 J ~~~__~ ~d'~ J ^ Short Plat Date Iiled:'~"~ ~~ i)ate cc~nii,lete: ~ ^ Temporary Use Certificate of Zoning Compliance . ^ Time Extension (Director) Assigned Planner: ~q t~ ~`~~`~~~~ ^ Vacation ^ Other Related iile,. `J - - Applicant Information Applicant name: ~ ~~, le /~pd/'e Phone:,3T~cp- ~ 3 / _~~,Z v Applicant address: ,2 9,5_, __~_l~l ~ ~°~ T /~p~-~~~,a~ ~/~ Zip: ~.~ y ~ Applicant's interest in property: ^ Own ^ Rent ^ Optioned Other few Ct~-~-~ ~~- ~ ~<<~~ien Owner name: Owner address Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Primary contact is: ^ Applicant O~Owner ^ Agent ^ Other Contact name: E-mail: Phone:z Ode 6 3 / ~9' .~U Zip: ~'3~y~ Phone: Zip: Phone: Fax: 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridianciri.org 1 Assessor's parcel number(s): Township, range, sec~~taaion: Total acreage: Current land use: ; n ~J'%r~"~-'fi ~. ~ Current zoning district: Proj ect Description Project/subdivisionnarne: General description of proposed projectJrequest: l7Q~. ~r e ~or' ~ // , / Proposed zoning district(s): Acres of each zone proposed: - . ~ Type of use proposed (check all that apply): ^ Residential ^ Commercial ^ Office ^ Industrial Other ~~ ~ ~,/ ~'- ~ ~_ Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? ~IDA G~u,.,~~~"y Primary irrigation source: C.~~y Secondary: G~]"y L~~~~v~ Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 7" Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): 2 or more Bedrooms: Percentage of open space provided: Percentage of useable open space: _ Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^single-family ^ Townhomes ^ Duplexes ^Multi-family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Percentage of site/project devoted to the following: Landscaping: Building: Building height: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Total number of parking spaces provided: Seating capacity: Number of compact spaces provided: Authorization Print applicant name: p ~ ~~~~ r" Q Applicant signature: _ ~~o~ ~<~~~.~ Date: ~ ~ '-©~ 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 • Website: www.meridiancity org 2 Existing (if applicable): Proposed building height: _ Average property size (s.f.): Net deriSlty (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) . i C~ridr~-n ~~'~~ ~;: '= .~ n Planning Department ACCESSORY USE ~ Application Checklist Alt applications are required to contain one cepy of the following: Applicant Description Staff Co feted & si ned Administrative Review A lication Narrative ful describin the uest Recorded warren deed for the subject Affidavit of Legal Interest signed & notarized by the property owner (tf owner is a coryaatiaa~, submit a of the Amides of or other evidence ~ show ttmt the s~ is an authorised C I/ ~ Scaled vicinity map showing the iocation of the subject property (can be obtained fmm the Ptannin De t Scaled or dimensioned site plan showing the boundaries of the property, floor plan of house area intended for accessory use, and_parkin and~ard areas. / Fee Additional is for Cate A lic~tions_ Include the following additional information in the narrative: - The total number of children to be cared for durin the ~/ Include fencin details on the site fan location offence c/ ~/ A copy of your application for a Basic Day Care License from the State of Idaho Department of Health 8t Welfare--Family and Children's Services DlvtSlon. (A copy of your license is aired m be submitted to the Plana` .when ou recxrve it fmm the State. C/ ~/ Standards for D Care Facilities Statement of Com fiance form si ed lic~nt ~ Additional R uit for Home '~ A Iications Standards for Home Occ ions, Statement of Co Dance form si ed 6cant THISAPPLlCATIONsHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORAL9TION. ~' " ~i~-- 660 E. Watentower l,artc, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: {20$) 888-6854 • Website: www.meridiancity.org ~ ;~ Return To: PACIFIC REPUBLIC MORTGAGE CORPORATION 2150 TO-PNE CENTRE PLACE SIIITE 300 ANAHEIM, CA. 92606 Prepared By: PACIFIC REPUBLIC MORTGAGE CORPORATION 204 10TH AVENUE SOUTH NAMPA, ID 83651 Loan No. 59467223 /PC DEFINITIONS paceAbove This Line For Recording Data] DEED OF TRUST MIN 1001201-0059467223-1 Words used in multiple sections of this document aze defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated. May 29th, 2003 together with all Riders to this document. (B)"Borrower"is BRIAN H. MOORE AND NICOLE D. MOORS, BIISBAND AND -P2FE Borrower is the trustor under this Security Instrument (C)"Lender"is PACIFIC RSPIIBLIC MORTGAGE CORPORATION Lenderisa CALIFORNIA CORPORATION organized and existing under the laws of THE STATE OF CALIFORNIA IDAHO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMBdT WITH M9tS Form 3013 1101 -8A(ID) tooos) / n Paga 1 of 15 InlUalsk~ 3~ /~% ~ I IIIIIII IIIIII III VIII) IIII IIII IIII VMP MORTGAGE FORMS - (800)521-7291 1O6a01id.0101 /'1 ,~ Lender's address is 2150 TOVtNB CENTRB PLACE, SUITE 300 ANAHEIM, CA 92806 (D) "Trustee" is TRANSNATION TITLE, (E) "HERS" is Mortgage Electronic Registration Systems, Inc. HERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, ter. (888) 679-MERS. (F) "Note" means Ule promissory note signed by Borrower and dated May 29, 2003 The Note states that Borrower owes Lender SIXTY-FOUR THOUSAND BIGHTY and NO/100 Dollazs (U.S. $ 64, 080.00 )plus interest. Borrower has promised to pay this debt in regulaz Periodic Payments and to pay the debt in full not later than June 1, 2033 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ^ Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider ^ Balloon Rider ^x Planned Unit Development Rider ^ 1-4 Family Rider ^ VA Rider ^ Biweekly Payment Rider ^ Other(s) [specify] (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similaz organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similaz paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit of credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. ~ "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (O) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. ~,,~,,v~y~J///j~~~ 467223 /PC IMUaI~~~~r~^7%_ -6A(ID) looosl Page 2 of 15 ~~CC Form 3013 1/01 1O6a021d.0101 r" ~ /"~ (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERE. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described properly located in the COUNTY [Type of Recording Jurisdictlon] of ADA [Name of Recordin B Jurlsdldion] ; LOT 15 IN BLOCK 2 OF HARTFORD SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 82 OF PLATS AT PAGES 9001 AND 9002, RECORDS OF ADA COUNTY, IDAHO. Parcel ID Number: R349126ot60 which curren0y has the address of 2955 T9EST PiILDSR STREET [Street] MERIDIAN [City] , Idaho 83642- [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERE holds only legal title to the interests ranted by Borrower in this Security Instrimlent, but, if necessary to comply with law or custom, MERS ~as nominee for Lender and Lender's successors and assigns) has the right: to exerrase any or all of those interests, including, but not limited to, the right to foreclosure and sell the Property; and to take any action required of Lender including, but not limited to, releasing and. canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. ----~~~ 1 9467223 /PC IMtl -6A(ID) iooosi aaye 3 or is Form 3013 1/01 1O6a03id.0101 /"1 .-1 ~~ ~ / V`GOCC3 /' /ooze Gt-+''"1 ,p r o~J o S G~2 y / o S<a.~ C G~ vAy CrP.,~ 2 1 h m~ `i o ~ ~ ~!' ~ u1-~-` ,/~ P~Q U-~-S ~s7/ a.s1 ~ ~ c es s o i'~. c-c, S e ~ err-, /7 S o T~~z~Tv_L CCU n ~ro v~ 7`~t-e- Zo ~ is ~ ~ ~ ~m : TD ~~ fi ~ /~? . ~~~~ /'1 /'\ n STANDARDS FOR DAY CARE FACILITIES STATEMENT OF COMPLIANCE UDC I 1-4-3.9: Day Care Facility A. General standards for all child day care and adult care uses, including the classifications of day care center; day care, family; and day care, group: 1. In determining the type of day care facility, the total number of children cared for during the day and not the number of children at the facility at one time, is the determining factor. The operator's children are excluded from the number. 2. On-site vehicle pickup, parking and turnaround areas shall be prrovided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho Department of Health and Welfare-Family and Children's Services Division. 5. In residential districts or uses adjoining an adjacaet residence, the hours of operation shall be between 5:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. B, Additional standards for day care facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six-foot (ti') non-scalable fence to secure against exitlentry by small children and to screen abutting Properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the Meridian City Municipal Code. 2. Outdoor Play equipment over six feet (6') high chap not be located in a front yard or within arty required yard. 3. Outdoor play areas in residerrtial districts adjacexrt to an existing residence shall not be used a#ter dusk. Certification: I have read and understand the above stan~rds for operation of a day care facility and cert fy that I well conduct my business in accordance with these standards. If 1 cannot meet these standards, 1 am not allowed this accessory use. Applicant's Signature: ~!G.c~~sG O " ~~'n-Q Date: ~ /S - STANDARDS FOR HOME OCCUPATIONS STATEMENT OF COMPLIANCE UDC 11-4-3.21: Home Occupation: The following standards apply to all home occupation uses with the exception that strict adherence to the standards contained in sections 11-4-321B, 11-4-3.21C, 11-4-3.21E, and I 1-4-3.21F in the TN-C and TN-R Districts is nat required: A. In no way shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent (25%) of the gross floor area of said dwelling shall be used fa• a home occupation or for storing goods associated with the home occupation. Materials may be stared in an attached garage ~ storage area, provided it shall not reduce the required off-street parking below the standard established for that district. C. No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. D. The home occupation shag not involve the use of more than one (1) commercial vehicle. E. The home occupation shall not have move than two (2) wrt-going pickups per day from a common carrier. F. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one (1) nonresident empooyce shall be permitted. G. The home occupation shall. not serve as a headquarters or main office where employees came to the site and are dispatched to other locations. H. No retail sales shall be permitted from the dwe8ing except the sale of: a) services or items produced or fabricated on the prerruises as a result of the home occupation; or b) products related to the home occupation. I. Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. J. Ail visits by clients, customers, and/or employees shack occur between the haul of 8:00 a.m. and 8:00 p.m. Certificxiioa: I have read and understand tiu above standards for the operation of a home occupation and certify that I will conduct my business in accordance with these standards. If I cannot meet these stmrdards, I am not allowed this accessory use. Applicant's Signature: L~G~ ~~~ Date: ~"/.S - © G ~dar P~"~°~ _.Y..~_ ~ ~._ ~._ I ' ~~- t P~-~' ~ (y 9~e~'h ~~ ~fl~ ~ ~...~~ ee ~ s~l /~,I w /+Or a ;~ _ ~ g ~k 0°i ~~ 0 ~' ~,~-- u~G f -- .-«. r-. x ,. .r .... State of Idaho Hw-osss DEPARTMENT OF HEALTH AND WELFARE Rev. 11/94 APPLICATION FOR BASIC DAY CARE LICENSE OR CERTIFICATION TYPE: (check one) Basic Day Care Center License (13 or more children) Group Day Care Facility License (7 to 12 children) X' Day Care Home License (6 or fewer children) Certified Group Day Care Facility (7 to 12 children) I, /I//Go% /~ioyr2 ,hereby apply for a Basic Day Care License or Certification (indicate above) in accordance with Idaho Code 39-1101. I understand that my facility must comply with all applicable health and fire standards and all owners, operators, employees and volunteers and all other individuals twelve (12) years of age or older having unsupervised direct contact with children in care shall have criminal history check. Criminal background checks on all individuals under the age of eighteen (18) years of age shall include a check of the Juvenile Justice Records of Adjudications of the Magistrate Division of the District Court. County Probation Services and Department of Health and Welfare records as authorized by the minor and his parent or guardian. There shall be no additional fee charged for this criminal background check. There shall also be a check of the statewide child abuse register regarding all o the above- named persons. "Volunteers" when used in this chapter shall mean onl ty hose persons who have direct unsupervised contact with children in care for more than twelve (12) hours in any one month Applicant's name (please print) /1//c,~~~ fY~ ©p l' ~ Applicant's Social Security number _ Name of Facility //ico%s G~,,~ lc~ er.~.fe Address of Facility ,~ ~ ,S"~ G./ (~/~ ~~r c~ City, State, & Zip /'f'Je ~~ ~'i a, ~, / /,~ ~ ~6 Si z Telephone Number X08 c~,..3 / ,~ q~,,,U Name of Operator N, c~/~ Y~`1~o • -P Name of Employees Duties (Add another sheet for more names.) Name of Volunteers Duties (Add another sheet for more names.) The Department of Health and Welfare will process your application upon receipt of the necessary reports from the Health Department, the Fire Department and the Criminal Identification Bureau. ~~G ignature ' ~- Z. -~, ~ Date CENTRAL ~, •• DISTRICT HEALTH DEPARTMENT Boise Citv ICCP OnlvOnly State /ICCP Boise Ci /ICCP Summer Programs Youth Home ICCP-Relative 13t 132 133 134 135 136 137 138 Group 21 Center 22 Othe 23 rli 0.3 EHS 4U ~ ~ D f ,~/~/ ~t~ Insp. Time Travel Time Follow-Up Date / / (Circle one) On-site ff-site Facility Narye; ~ ~ OD r e Provider Name: Addres~ SS ~~ ~ ^ City: > ZIP: Z Phop~ , ~"t ~b 7 Ratio: # of Children: # of Children < 18 (24) mo. # of Staff: # of Provider's Children: Based o n the inspection conducted t his d ay, the items marked identify the violations or prob lems that need to be corrected. Description x Comments 1 Correction Required Date Corrected 1. Age & Health of Provider 2. CPR /First Aid Training 3. Staff/Children, Excluded When ill 4. Immunization Records~~ ~ # Reviewed: # Parent Letters: 5. Emergency Communication 6. Smoke Det, Fire Ext, Exits ~ Q ~ C 7. Food Source /Food Thawing 8. Food Handling /Personal Hygiene 9. Food Contact Surfaces /Sanitizing 10. Dishwashing /Sanitizing 11. Utensil Storage 12. Food Temperatures/Thermometers 7 13. Food Storage /Cross Contamination 14. Medicines /Hazardous Substances 15. Garbage Covered /Removed 16. Plumbing /Sewage Disposal 17. Water Supply /Well Sampled 18. Handwashing Facilities ~` 19. Diaper Changing Facilities a d ' 20. Sleeping /Play, & Restrooms Clean, Pets OnSite /Sanitation ~ ~ ~ r ~~ ~ ~~, h ~ f , 21. Smoke free Faalit~/? Yes No ~l/ r r , S, !~J J 22. Handouts Given y ' ~ J r /V 23. Other ICCP Passed ^ ICCP Not recommended ^ until corrections made Issue ^ License Do Not Issue License CPSC Completed ^ Survey Follow-up ^ In~pectionTvoe: Regular Signatures: X X Follow-up 02 Epidemiology lXi Investigation 04 Person in Charge Health Authority Comments Interpreted Into: ^ Spanish ^ Bosnian ^ Other Preoperational 05 Sample ~ whi i t t;opy - rrealtn urstnct rtLLUw copy -ICCP PINK Copy -Provider PHOTOCOPY - H&W CDHD . Ic .2/06 ~; .~~ N ,~ ,, ~; ~' 1, i ;' r °` ~6R ~ o ~ a ~ N W V ~ _ $O A ~ CITY OF eri~lcn \\ti 33 E. Idaho Ave. \~ Meridian, ID 83642 Applicant ~ Date ~ ' e2~ ~ Q Address ~ ~ ~'~ " ` f0~-~ Phone ~ CA H CHEC # ~ NAME ON CHECK IF DIFFERENT THAN APPLICANT ~ ~ 1 ~ ~ l1~ 1 1 1 1 I i 1 i 1 i 1 I 1 I 1 1 1 1 I 1 1 PAYMENT DOES NOT INDICATE ACCEPTAN OF APPLICATION TAX ~ 1 817 $ Byceived TOTAL ss~as ~2Q/!/~ ~~P'CI