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HomeMy WebLinkAboutGomez, Carolina AUP 08-001Mayor Tammy de Weerd City Council Members: E IDIAN-- Keith Bird Joe Borton IDAHO Charles Rountree David Zaremba January 24, 2008 Carolina Gomez 954 N. Oxwich Avenue Meridian, Idaho 83642 RE: Accessory Use Permit application (AUP-08-001). Dear Ms. Gomez: This letter is to confirm the approval to operate a family day care facility for six or fewer children located at 954 N. Oxwich Drive 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 fled in writing with the Planning Department within fifteen (15) days of the date of this letter and comply with the provisions of UDC 11- 1 ♦ 11 .OJUIUGI Gly, Kristy Vigil for 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 CITY OF MER AN PLANNING DEPARTMENT ACC SORY USE STAFF REPORT DATE: TO: FROM: SUBJECT: January 24, 2008 Anna Canning, Planning Director Kristy Vigil, Assistant City Planner E IDIAN�-- IDAHO Application for a family day care facility by Carolina Gomez Request to Operate a Family Day Care Facility for Six or Fewer Children out of her home located at 954 N. Oxwich Avenue. We have reviewed this submittal and offer the following comments: APPLICATION SUMMARY The applicant, Carolina Gomez, has requested approval to operate a family day care facility for six or fewer children out of her home located at 954 N. Oxwich Avenue, 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 954 N. Oxwich Avenue in the NW '/4 of T. 3N., R. 1 W., Section 10. 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 caredfor 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 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. 6. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. AUP-08-001 Gomez, Carolina PAGE 1 CITY OF MER. iAN PLANNING DEPARTMENT ACC _jSORY 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 RECOADIENDATION Staff recommends approval of the accessory use for Carolina Gomez 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-08-001 Gomez, Carolina PAGE 2 of Review Requested (check all that a Accessory Use ❑ Alternative Compliance ❑ Certificate of Zoning Compliance ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Private Street ❑ Property Boundary Adjustment ❑ Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other Applicant Information Planning Department ADMINISTRATIVE REVIEW APPLICATION STAFF USE ONLY: File number(s): __A 1AF_ 01?_ 00 j Project name. i....; -41-e.. Qea le 00YVV7, Date filed: I f1 Date complete: t 'Z Assigned Planner: Related files: Applicant name: L Q ro o mQ Z Phone: ",14LIU Applicant address: s` A i (h 1��d'(CAJ�)—,Cr) Zip: A2( 4D 0 Applicant's interest in property: ,2'Own ❑ Rent ❑ Optioned ❑ Other Owner name: hon . L Owner address: 1_ GIP' Agent name (e.g., architect, engineer, developer, representative): "`?�' C ( CCA Ic i") Firm name: L, . An"Phone(L: j , 11_ %32 j(_ Address: C+:� I—( /k �� t' `� i _C S'",'Slr 1 Zip: Primary contact is Contact name: I E-mail: Applicant ❑ Owner ❑ Agent ❑ Other subject Property Information Location/street address: f Assessor's parcel number(s): (, 3 ` TS-�6 c�6 Township, range, section:Total acreage: tl Current land use: e- Current zoning district: Phone: t_ f 'L. Fax: 660 E. Watertower Lane, Suite 202 • Meridian; Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 1 (Rev. 9/21106) u4 Proiect Project/subdivision name: General description of proposed project/request: I ' ("� h�� c�) C- re Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): 11Residential ❑ Commercial ❑ Office ❑ Industrial Other Amenities provided with this development (if applicable):. n/ Who will own & maintain the pressurized irrigation system in this development?+(�-Icjo Ie Which irrigation district does this property lie within?.. Wr'na ICSH J Primary irrigation source: C A 0 VCIC �-i Ck "v'� Secondary: .J 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 ope ace: 2 or more Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open spa rovided in acres (i.e., landscaping, public, common, etc): Type o�mg(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family -Non-residential Project Summary (if applicable) Number of building lots: Gross floor area proposed: 1411W Other lots: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: _ Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number o mpact spaces provided: Authorization Print applicant name: Applicant signature: 660 E. Watertower Lane, Suite Phone: (208) 884-5533 • Facsimile: (208) 8 2 Date: I L. l[ O/ U l • Meridian, Idaho 83642 1854 • Website: www.meridiancity.org Mayor Tammy de Weerd City Council Members: C�E IDIAN Keith Bird � Joe Borton Charles Rountree A H 0 David Zaremba January 7, 2008 RE: Notice of pending approval for the operation of a Family Day Care for six or fewer children located at 954 N. Oxwich Avenue. The Meridian Planning Department is reviewing an application to operate a family day care for six or fewer children located at 954 N. Oxwich Avenue. If the application is found to comply with Unified Development Code (UDC) Title 11, Chapter 4, Section 3-9, it will be approved on January 22, 2008. UDC 11-4-3-9 is available for review at: http://www.meridiancily.ora/planninp, zonin index.asp. 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 February 6, 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.merdiancity.org, 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. Sincerely, Kristy Vigil 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 Neighborhood Meetiwg unci un sheet on Satvwotui ' ♦s AW mee J5-4 N Oxwl"Ch Th%s m*b'q hborh000l vmetbv�,O 's for ave, �wv�tat�ow ova, SatkrcOa the 2j at 2:00pvv for a vueet'v,,g of avL bvi, howte ofa� care, Dope �oLc cave, cowte aVO j o'vL acs for s o vv e s vua c ZZs a viol of r' JJs . yo �t are we[aow-e to brb,vkg �oLw �zb,ols av, GJ f2vKUU. ri 'ADec_ember I9, 2009 q5 0 0xW i CV10.Lp- 'kn home dcLq -bc�-bcj 31��rin J U.� X11 k�e dorm `1: 30 c� �° I 1 5, 30 O -,q iA-- Ui11 cin ince e (0 C�n'�Ic�ren ur I� �S -�rc� otn -iYc�� �C ,`' c� Caw l be -Cray P111 -H QIT-Ck iA--(� 't5 1 \ -pi cc)rYi r� Yl -'rte h0 05-C by-) �J tee, ��;rl rourY, w i I be ck,I t LJ 1 � eckA� � 9 o o,X,\d \0 h\Cw5 chcdrs Lxk� c pc cc l cJ�ur r�G \-,(t LA-)ck-q - -. �Oc�,\�- �Ux c� c-e� 1�1C��S Uk �C)\,,M C'�aY\e-z 20 QTioneeffifleCo. GOING BEYOND 1872 S. Eagle Road / Meridian Idaho 83642/(208)888-7230 /O1 ADA COUNTY RECORDER J. DAVID MARRO AMOUNT 3.00 1 NOISE IDAHO 02/1W 02:32 PM DEPUTY Neal Haney III IIIIIIIIN111111111111111111111111 RECORDED—REQUEST OF Pioneer 107021771 CORPORATE WARRANTY DEED 278636 QfIW FOR VALUE RECEIVED, Corey Barton Homes, Inc., an Idaho corporation, dba CBH Homes a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell and Convey unto Carolina Gomez, a married woman as her sole and separate property whose addresN-9 4 N. Oxwich Ave., Meridian, ID 83642, grantee, the following described real estate, to -wit: Lot 50 in Block 7 of Castlebrook Subdivision No. S, according to the plat thereof, filed in Book 94 of Plats at Pages 11394 thru 11398, records of Ada County, Idaho and as amended by an Affidavit dated December 28, 2006 recorded December 29, 2006 as Instrument No. 106201321 SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision, restrictions, U.S. patent reservations, easements of record and easements visible upon the said premises. 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 it is the owner in a fee simple of said premises; that they are free from all encumbrances and that it will warrant and defend the same from all lawful claims whatsoever. WITNESS WHEREOF, a Grantor, pursuant to a resolution of its Board of Directors has caused its it name to be hereunto au ribed by its officers this 9th day of February, 2007. :'@lay�.tesrN ups+ STATE OF IDAHO, County of Ade, as. On this 10 day of February, in the year of 2007, before me Cindy Phillips, a notary public, personally appearedit4ichtJla,G.e/ Serena Clark known or identified to mato be the / C.E.O. of the corporation that executed the instrument or dto person who execa a f of said corporation, and acknowledged to me that such corporation executeCindy P �J• Q� P Ll •.•,. Notary Public of Idaho .•a L ��. Residing at Boise �� t;1 �••�N •%A&'. Commission expires: May S, 2011 �pTgR• Z 'of B L1: •06 •,1• q•.....• �. .• ' e OF 194'..•` ,a'''481114 .ss1106a ADA COU Nfl AHOOM4W ltPM AMOUNT- 30 —j DEPUTY Heals ft PI now Pioneerfitit, 107621772��a GOING BEYOND 1872 S. Eagle Road / Meridian, Idaho 83642 / (208) 888-7230 QUITCLAIM DEED 278636 Cpjs4r For Value Received Jose Luis Nolasco-Martinez, husband of Carolina Gomez do hereby convey, release, remise and forever quit claim unto Carolina Gomez, a married woman as her sole and separate property whose address is 954 N. Oxwich Ave., Meridian, ID 83642 , the following described premises, to -wit: Lot 50 in Block 7 of Castlebrook Subdivision No. 5, according to the plat thereof, tiled in Book 94 of Plats at Pages 11394 thty 11398, records of Ada County, Idaho and as amended by an Affidavit dated December 28, 2006 recorded December 29, 2006 as Instrument No. 106201321 It is the purpose of this Deed to comply with lender's instructions as to names of grantors on security instrument together with their appurtenances. Dated: February 9, 2007 lose lilt s IYolaScn��ine-7 Jose Luis olasco-Martinez STATE OF IDAHO, County of Ada, as. On this _q_ day of February, in the year of 2007, before me the undersigned, notary public personally appeared Jose Luis Nolasco Martinez, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. NNlN14!!.4 _ j%0TTg •�., eb d9 Ph�ill - 4��� t`- !1olrle do 2�v' •.ti�N00� otary Public of Idaho r p'C A it y: pn i Residing at Seise v4mdtian. q S Commission expires: Mayj,.30" 0.p6j 6 b, a0o7 ®oma Y� P()s o r 7'8 OF Or,•�r, e"Is e"%� 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. B. Additional standards for day care facilities that serve children: 1. 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. 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 I 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: eck �(�� t �(�I'YiP Date: zU d 7 p A crry or. _ v� Y \�5k W Planning Department ACCESSORY USE ■ Application Checklist Project name: File #: Applicantlagent: All applications are required to contain one copy of the following: Applicant Description Staff Completed & signed Administrative Review Application Narrative fully describing the 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 authorizedagent.) -r r/ Scaled vicinity map showing the location of the subject property (can be obtained from the Planning Department) 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 Requirements for Day Care Applications Include the following additional information in the narrative: ➢ The total number of children proposed to be cared for during the da Include fencing details on the site plan (location, type 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 opportunq for public review of the proposed project prior to the submittal of an application.) Additional Requirements for Home 'Occupation Applications Standards for Home Occupations, Statement of Compliance form signed by applicant bPei APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED. 66 - 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 10/15W) rim e"*� !� RADIUS NOTICE REPORT 02 -Jan -2008 FILE NAME: little Owners Owner Address BOSLAU FAMILY TRUST 3800 W PINE AVE BOSLAU RODNEY JAMES TRUSTEE MERIDIAN, ID 83642-0000 Property Address: little DYVER DEVELOPMENT LLC 1977 E OVERLAND RD MERIDIAN, ID 83642-6609 Property Address: little DYVER DEVELOPMENT LLC 1977 E OVERLAND RD MERIDIAN, ID 83642-6609 Property Address: little DYVER DEVELOPMENT LLC 1977 E OVERLAND RD MERIDIAN, ID 83642-6609 Property Address: little GOMEZ CAROLINA 954 N OXWICH AVE MERIDIAN, ID 83642-0000 Property Address: little HALEY -HUGHES CHRISTINE 1020 N OXWICH AVE HALEY -HUGHES DEBORAH MERIDIAN, ID 83642-0000 Property Address: little HAZLETT JOSHUA D 926 N OXWICH AVE HAZLETT JOANNE D MERIDIAN, ID 83642-0000 Property Address: little PCHELKA JAMES R 988 N OXWICH AVE PCHELKA MICHELLE M MERIDIAN, ID 83642-0000 Property Address: little PRUDENTIAL INSURANCE COMPANY OF AM 751 BROAD ST NEWARK, NJ 07102-3777 Property Address: little J I F% QUAN. 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