HomeMy WebLinkAboutMarshall, Marcy AUP 08-007/"\
REalVED
August 29, 2008 EP Y 4 2008
City of Meridian
Planning Department
Meridian Planning Department
660 E. Watertower Street - Suite 202
Meridian, Idaho 83642
Re: Notice of pending approval for the operation of a Family
Day Care for six or fewer children located at 1252 W.
Loretta Street.
This is a written response to a letter received by the
Homeowner's Association Board of Cobblefield Crossing Sub-
division located near the intersections of McMillan and Linder
Roads. Written in the CC & R's of Cobblefield Crossing, it states
that the Cobblefield community as such shall have no home
businesses. The board wants to go on record that because
our task is to implement the CC & R'S and to represent the
members of our community, we have to voice a no to this
request. The board is providing this information to the city as a
formality, knowing that the city code prevails.
Sincerely,
Cobblefield Crossing Board of Directors
L.
Iavw)
B cke L.�nes, Pr sident.;
Cobblefield Board of Directors
cc: Marcie Marshall
1251 Loretta Street
Meridian, ID 83646
WNW
CITY OF MERMAN PLANNING DEPARTMENT ACCESSORY USE STAFF REPORT
DATE: August 20, 2008
TO: Anna Canning, Planning Director E IDIAI�1h*
*1_,_,
IDAHO
FROM: Jenny Veatch, Assistant City Planner
SUBJECT: Application for a family day care facility by Marcy Marshall
Request to Operate a Family Day Care Facility for Six or Fewer Children out of her home
located at 1390 W. Brown Trout Dr.
We have reviewed this submittal and offer the following comments:
APPLICATION SUMMARY
The applicant, Marcy Marshall, has requested approval to operate a family day care facility for six or
fewer children out of her home located at 1252 W. Loretta Street, Meridian, Idaho.
The property is zoned R-8, which allows for a family day care facility with written approval from the
Planning Director.
LOCATION
The property is located at 1252 W. Loretta Street in the NW 1/4 of T. 4N., R. 1 W., Section 36.
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 clients cared for during the day
and not the number of clients at the facility at one time, is the determining factor. In the case of
a child day care, 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. 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.
5. 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
fencing material shall meet the swimming pool fence requirements of the Building Code in
accord with Title 10 of the Meridian City Municipal Code.
6. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any
required yard.
AUP-08-007 Marshall, Marcy PAGE 1
i'1
CITY OF MERi,iIAN PLANNING DEPARTMENT ACCESSORY USE STAFF REPORT
7. Outdoor play areas in residential districts adjacent to an existing residence shall not be used
after dusk.
8. In no way shall the family day care cause the premises to differ from its residential character in
appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical
interference.
9. Off-street parking shall be provided as set forth in Section 11-3C-6 of this Title, in addition to
the required off-street parking for the dwelling.
STAFF RECOMMENDATION
Staff recommends approval of the accessory use for Marcy Marshall with the comments noted above and
following on-going conditions of approval:
1. The applicant is limited to six children at the facility at one time, excluding the applicant's own
children
2. The applicant shall maintain the approved on-site vehicle pickup, parking and turnaround areas.
The applicant shall also maintain the approved design of the outdoor play areas, including
fencing.
3. Hours of operation shall be between 6:00 a.m. to 11:00 p.m. Outdoor play areas shall not be
used after dusk.
4. In no way shall the family day care cause the premises to differ from its residential character in
appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical
interference.
AUP-08-007 Marshall, Marcy PAGE 2
N
DIAN;
IDAHO /
August 19, 2008
Marcy Marshall
1252 W. Loretta Street
Meridian, Idaho 83646
RE: Accessory Use Permit application (AUP-08-007).
Dear Ms. Marshall:
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
This letter is to confirm the approval to operate a family day care facility for six or fewer children located
at 1252 W. Loretta Street and to include the following on-going conditions of approval:
1. The applicant is limited to six children at the facility at one time, excluding the applicant's
own children.
2. The applicant shall maintain the approved on-site vehicle pickup, parking and turnaround
areas. The applicant shall also maintain the approved design of the outdoor play areas.
3. Hours of operation shall be between 6:00 a.m. to 11:00 p.m. Outdoor play areas shall not be
used after dusk.
4. In no way shall the family day care cause the premises to differ from its residential character
in appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or
electrical interference.
Failure to meet the above stated conditions shall be deemed a violation of the Unified Development Code.
The applicant, Director, 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 1I -
5A -6B.
Sincerely,
Je Veatch
Anna Borchers Canning, AICP
Planning Department . 660 E. Watertower Street, Suite 202, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org
Mayor Tammy de Weerd
City Council Members:
Keith Bird
I���/�� Joe Borton
E
C�WID J` Charles Rountree
D A HO David Zaremba
August 19, 2008
RE: Notice of pending approval for the operation of a Family Day Care for six or fewer
children located at 1252 W. Loretta Street.
Department is reviewing an application to operate a family day careith
The Meridian Planning P plication is found to comply six or fewer children located at 1252 W. Loretta Street. If the application
Unified Development Code (UDC) Titlel 1, Chapter 4, Section 3-95 it will be approved on
August 20, 2008. UDC 11-4-3-9 is available for review at:
htt //www meridiancity or /planning zonin/index.asn.
this decision or a
the applicant, Director, or a party
of record may appeal
Following approval,
condition of approval by requesting City Council review of this
decision., 2008eand shall h shallbe
con De artment no later than September
filed in writing with the Planning p
with the provisions of UDC 11 -5A -6B. The application for City fficFor additional information
Review is available on
wi
our website at www merdiancrty.or , or upon Tl, lease contact this office at 884-5533.
about this decision or about your right to
appeal, p
Sin erely,
envy V e tch for AICP
Anna Borchers Canning,
planning Director
Planning --- 0QQt F660 E.
Faxt208-888 854 Suite 2meridiancty.org83642
I.
W IDIAN- Planning Department
ADMINISTRATIVE REVIEW APPLICATION
Applicant Information
Applicant name:
Applicant address: 107 L�Csti�
Applicant's interest in property: ❑ Own Rent ❑ Optioned ❑ Other
Owner name:
Owner addres
Phone: �✓
Zip:
Phone:
Zip:
Agent name (e.g., architect, engineer, developer, representative): A Pt
Firm name: _ A / Phone:
Address:
Primary contact is: �(Applicant
Contact name
E-mail: SAI; CU,l nAKS
Subject Property Information
❑ Owner ❑ Agent ❑ Other
L-'
Zip:
Phone: 2496f 1.36' /Sa5
Fax: 626f y,36 S
Location/street address: Z
Assessor's parcel number(s): �i i� Iz CrOS51
Township, range, section:
1v L Ui3 ttiii Total acreage:
Current land use: ►�P�S`t P k4i Current zoning district: R— b
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1 (Rev. 4/4/08)
/"1
ect
Project/subdivision name:
Gener�al description of proposed p(ro'ect/requ i ✓� k r w-, P of A r ^ r e -a,- (P e2S
JA./
Proposed zoning district(s):
Acres of each zone proposed:
Type of use proposed (check all that apply):
❑ Residential ❑ Commercial ❑ Office ❑ Industrial I Other KONve— p , c p -1-7CM-
Amenities provided with this development (if applicable): / /n
Who will own & maintain the pressurized irrigation system in this development? Al A
Which irrigation district does this property lie within
Primary irrigation source: Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if applicable)
Number of residential units:
Number of common and/or other lots:
Number of building 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):
Percentage of open space provided:
Percentage of useable open spaces
2 or more Bedrooms:
building height:
Average property size (s.f.):
density (DU/acre-excluding roads & alleys):
Acreage of open space:
(See Chapter 3, Article G, for qualified open space)
Type o s�rovided in acres (i.e., landscaping, public, common, etc):
of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family
Non-residential Project
Number of building lots:_
Other lots: Al
Gross floor area proposed:N / Existing (if applicable): �Jz /
Hours of operation (days and hours): �M -F 1,2r-1, "00 Building height: ,"J/ /-
Percentage of site/project devoted to the following:
Landscaping: A/Building: A/ Paving: Al
Total number of employees: _-.&I"- - Maximum number of employees at any one time:
Number and ages of students/children (if applicable): _ Seating capacity: J�7
Total number of parking spaces provided: Number of compact spaces provided: —
Authorization
Print applicantname:
Applicant signature:- (��_ or
Date:
6 0 E. Vatertower L , Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2
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13. 2008 3.53PM
a 1iW 1 J. W1D o sao
99w" NIItN�oNMIN111! tNloop
, OrderNo.. A0873343 DQC&
WARRANTY DEED
l
FOR VALUE RECEIVED,
John W. OlearS* as ttsatsrried person
i
the Grantor, does hereby giant, bargain sell and convey unto
Jay & 01arahr and Jeri L. Olearsk, husband and wife
whose current address is 13433 W. Englemam Dr., Boise, ID 83713
the Grantee, the following described premises, in Ada County, Idaho, TO WIT:
Lot 13 in Block 5 of Cobbleficld Crossing Subdivision, according to the official plat thereof,
filed in Book 88 of Plats at Page(s)10045 through 10048, official mcords of Ada County, Idaho.
TO HAVE AND TO HOLD the said pteatims, with their Wattasnces unto the mid Grmotee, its heirs and
migns forever. And the mid Grantor dm hasty oowtsm to sad with the said Gram, that Omm is the owm
in be shaplc of said pmmiscs: that they we fm hom an emmb mm EXCEFr those to whidt this weveysm is
atprasly made tabjm and dmm made, suffixed or deme by the Gimme: and subject to all existing patent
rmrmlons, —ma. riOWS) of wary, motecu" ""nam =ft otdissttoea, ad applicable building codes,
laws ad «gukttiM gacwl ism aid smeswm^ hChi ttag mignim ad ur,7ity sssemmatts (if my) for the
mutton yeast, Wdeb m not 4m and Tsyable, and thu Gnaw will warra+t and deArA the same !tont all lawful
ctaitms whshoevw. Whatem the context so requires, the stagular number inchnks, the p1waL
Bated: 0312(/2M
I Swim"
rMIC
• _
State of Idaho)
Cou* of Ada)
0n this of March, 2008, before me, the undersigned, a notary public, personalty
appeared, John W. Olearain, known to me or proven to nm on the basis of satisfactory evidence
to be the person(s) whose names) inters subscribed to the within instntmm and acknowledged
torte that he executed the same
Christy GerbeV a
Notary Public 3 a
Residing at: Meridian
My commission expires: 06/12/19
(Seal)
NO. 2945
P. 2
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
0/ e Ge
(name) T � (address)
(city) (state)
being first duly sworn upon, oath, depose and say:
I That I am the record owner of the property described on the attached, and I : grant my
permission to: .
r l S2 iC4n
(n4re) (address)
to submit the accompanying application(s) pertaining to that property.
_
-2. , f agree to-indemaif�; efend -an& hold the City -4 -Meridian and- its employees, harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the :ownership of the property which is the subject of the application.
3. 1 hereby grant permission to City of Meridian,staff to enter the subject.. property for the
purpose .of.site inspections related to processing said application(s).
Dated this _day of w q -,4 , 20._
AA
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
NN T13
J� O -f A R (Notary Public fol
o Idaho)
?esg at -ADA Dy) TN ---KpAb h
SUB \ XC# My Commission Expires: -7 I -z -z/ z q/
se rf of %,D-
i5
Z
Start Time of Neighborhood
Neighborhood Meeting Sion UD Sheet
End Time of the Neighborhood Meeting:
J�
Attendees:
2.
3.
7.
9.
10.
11.
12.
13.
14.
15
16.
Name
Address
AJO a k�,6t-)ai IU)19, a,
STANDARDS FOR DAY CARE FACILITIES
STATEMENT OF COMPLIANCE
UDC 11-4-3.9: 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 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.' 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.
$. Additional' -standards for day care facilities that serve children:
1 l 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 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 shall not be located in a front yard or within any required .
yard.
3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk.
Certification:
I have read and understand the above standards for operation of a day care facility and certify that 1 will conduct
my business in accordance with these standards. If I cannot meet these standards, I am not allowed this accessory
use.
Applicant's Signature: I� Date: a�}
G�
m
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 11-4-3.21B, 11-4-3.21C, 114-3.21E, and 11-4-3.21F in
the TN -C and TN -R Districts is not 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 for a home occupation or for storing goods
associated with the home occupation. Materials may be stored in an., attached garage or 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 shall not involve the use of more than one (1) commercial vehicle.
E. The home occupation shall not have more than two (2) out -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 employee shall be permitted.
G. The home occupation shall not serve as a headquarters or main office where employees come to the site
and are dispatched to other locations.
H. No retail sales shall be permitted from the dwelling except the sale of: a) services or items produced or:
fabricated on the 'premises 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. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m.
Certiflcation:
1 have read and understand the 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 standards, I am not allowed this
accessory use.
Y CDate:Applicant's Signature: V
) ��
E I DIAN*
IDAHO
August 19, 2008
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
RE: Notice of pending approval for the operation of a Family Day Care for six or fewer
children located at 1252 W. Loretta Street.
The Meridian Planning Department is reviewing an application to operate a family day care for
six or fewer children located at 1252 W. Loretta Street. If the application is found to comply with
Unified Development Code (UDC) Title 11, Chapter 4, Section 3-9, it will be approved on
August 20, 2008. UDC 11-4-3-9 is available for review at:
htip://www.meridiancity.org/planning—zoning/index.ast).
Following approval, the applicant, Director, 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 no later than September 3, 2008 and shall comply
with the provisions of UDC 11 -5A -6B. The application for City Council Review is available on
our website at www.merdiancily.o g, or upon request from this office. For additional information
about this decision or about your right to appeal, please contact this office at 884-5533.
I
Sin erely,
Fenny Ve � ch for
Anna Borchers Canning, AICP
Planning Director
Planning Department . 660 E. Watertower Street, Suite 202, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org
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BARNES DUANE N & BARNES BECKE L BARNES DUANE N & BARNES BECKE L BARNES SABRINA C
4485 N KILEE AVE 4485 N KILEE AVE 4488 N MOLLY WAY
MERIDIAN, ID 83646-4012 MERIDIAN, ID 83646-4012 MERIDIAN, ID 836464015
BEHRENS KURTIS H
1211 W LORETTA ST
MERIDIAN, ID 83646-3982
COBBLEFIELD CROSSING SUB HOA INC
6223 N DISCOVERY WAY STE 120
BOISE, ID 83713-0000
HEUMAN PAMELA 1)
4472 N MOLLY_ WAY
MERIDIAN, ID 836464015
KENDRICK KRISTEN M
1298 W LORETTA ST
MERIDIAN, ID 83646-3982
SELF SEAN & GOLDEN -SELF KAYTEA
4420 N KILEE AVE
MERIDIAN, ID 83646-0000
BULLER LACI RAE
3129 S PORTER ST
GILBERT, AZ 85296-0000
CUMMINS DARRELL D & CUMMINS
JUDY
1229 W LORETTA ST
MERIDIAN, ID 83646-0000
CLARK ALLISON
4513 N KILEE AVE
MERIDIAN, ID 83646-4013
FRIEDLAND TODD G & FRIEDLAND
D'ANN
6591 BEACHVIEW DR
HUNTINGTON, CA 92648-0000
HOLTRY KEVIN & HOLTRY SHELLEY D
JOHNSTON DEANNA
1265 W LORETTA ST
1283 W LORETTA ST
MERIDIAN, ID 83646-3982
MERIDIAN, ID 83646-3982
OLEARAIN JAY S & OLEARAIN JERI L
SCHOW BART W & SCHOW ALISSA R
13433 W ENGELMANN DR
3896 N BRYCE CANYON PL d
BOISE, ID 83713-0000
MERIDIAN, ID 83646-4974
VITO ANTHONY F & REPPERT MARK
2002 WOODBRIDGE IN
LINCOLN, CA 95648-8655
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CITY OF
ertdtcn
33 E. Idaho Ave.
Meridian, ID 83642
Date
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Address • cr: :2.
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Phone
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77
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CHECK � NAME ON IF DIFFER�THAf�FI�PPL�A�
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DESCRIPTION
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PAYMENT DOES NOT IND ATE CEPTANC OF APPLICATION
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13363 BYETOTAL
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Planning Department
ACCESSORY USE ■ Application Checklist
All applications are required to contain one copy of the following:
Applicant
Description
Staff
Completed & signed Administrative Review Application
Narrative fully describingthe proposed request
Recorded warranty deed for the subject " property
Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation,
submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized agent
Scaled vicinity map showing the location of the subject property(can'be obtained from the.
PlanningDepartment)
/
V
Scaled or dimensioned site plan showing the boundaries of the property, floor plan of
house, area intended for accessory use, and parking and yard areas.
Fee
"Additional Re" Iairements fo"r Da ,Carel " iicattons
Include the'following"additional information "in the narrative:
➢ The total number of children proposed to be cared for during the day
Include fencingdetails on the site plan (location, a of fence)
Standards for Day Care Facilities, Statement of Compliance -form signed by applicant
Neighborhood meeting sign -in sheet (Applicants are required to hold a neighborhood meeting to provide
an opportunity for public review of the proposed project prior to the submittal of an a lication.
Additional Requirements."' for Home` Occu ation A ". lications "
Standards for Home Occupations, Statement of Compliance form signed by applicant
APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED.
call -h'fk
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660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
t R S;. f`.',`08)