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Group Day Care CUPWILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF :MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8874813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7. 1998 TRANSMITTAL DATE: March 16, 1998 HEARING DATE: April 14, 1998 REQUEST: Conditional Use Permit for Group Day Care BY: Tonva D. Webster LOCATION OF PROPERTY OR PROJECT: 3642 E. Eisenhower Drive JIM JOHNSON, P2 MALCOLM MACCOY, P2 MARK NELSON, P2 _BYRON SMITH, P/Z _KEITH BORUP, P2 _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C —CHARLIE ROUNTREE, C/C —KEITH BIRD, C/C —GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY —CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES 0,c IVED MAR 17 1998 0117 of MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO -(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) —IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: 3 i Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD June 24, 1998 Ms. Tonya Webster 3642 E. Eisenhower Meridian, ID 83642 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)'884-5533 Dear Ms. Webster: Your request for a Conditional Use Permit for a Group Day Care Home (12 or fewer including daycare provider's children) was approved by the children throughout the day, royal is contingent Meridian City Council on June 2, 1998. Please be advised that app u on adhering to all staff and agency requirements and the Findings of Fact and P Conclusions of Law. The Meridian City/Rural Fire Department will perform an inure ection at 884- when they are in the area. If you have any questions, please feel free to contact Sincerely, CITY OF MERIDIAN Shari Stiles P&Z Administrator cc: Kenny Bowers, Fire Chief MERIDIAN CITY COUNCIL MEETING: JUNE 2 1998 APPLICANT: TONYAWEBSTER ITEM NUMBER: 11 REQUEST PUBLIC HEARING CONDITIONAL USE PERMIT FOR A HOME DAYCARE (6-12 CHILDREN) 3642 E. EISENHOWER AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED FINDINGS FROM P & Z 5/12/98 SEE ATTACHED FINDINGS FROM P & Z OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Planning and Zoning Commission May 12, 1998 Page 8 Nelson: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the conditional use permit requested by the applicant for the property described in the application. Smith: Second. Johnson: All in favor then? Opposed? MOTION CARRIED: 3 yea, 2 nay. ITEM NO. 10: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A GROUP DAY CARE (6 TO 12 CHILDREN) BY TONYA WEBSTER — 3642 E. EISENHOWER. Johnson: Any comments, discussion, changes or additions to the Findings of Fact and Conclusions of Law as prepared? Smith: Mr. Chairman, my only comments have to do with the information on pages 10 and 11, item 10(b) regarding the fencing gates, locks for the outside play area and then item f which regards the fencing of the pool. I guess the only concern I have is that the way this is written that we're not — I'm sure the City Attorney has concerned this, but just the liability associated with — I'm real concerned about the pool in the back and that it's fenced properly, and I don't know what you can do short of putting up a 12 foot fence with razor wire at the top to keep the kids out, but I don't know, and then the fence locked gated area, play area on the outside. The concern I have is that in the event there's a fire or something inside the house and the play area doesn't allow the kids to get away from the house far away. Normally the fence is on the periphery of the property, but what if they move the fence closer to the house and define that as a play area and that's where the lock is. I don't know maybe I'm opening up — or bringing something up that shouldn't be an issue. Those would be the only concerns I would have on this item. MacCoy: I went to the site and talked to the people involved and actually witnessed the back, the fence that was being put in place at the time, and if you raise the question about the lock on the gate, that is a question that would entail everything we do with the care situation. You say that the lock on the gate should be high enough that a child cannot reach it. And you have the same problem whether it locked or unlocked. And if it's locked the fire department can enter with no problem at all. And as far as considering the fence is because the fencing is the property line and you're offering something else that I don't know what the solution would be. Planning and Zoning Commission May 12, 1998 Page 9 Smith: Well, it may not be an issue. I just didn't want to see us writing something in here that would give one of Mr. Prior's colleagues cause to sue the city. I just had to bring it up. It may be a non -issue, and I was just concerned. Prior: Are we back on the pool? MacCoy: We're back on the fence. Prior: P & Z Administrator Stiles distracted me here for a minute. MacCoy: Put that on the record. Prior: I do want that on the record so it doesn't sound like I'm any more of a moron than Chairman Johnson thinks I am. Johnson: Well if you wouldn't sulk so much you would listen to the conversation and you would know what's going on. Prior: Who's the one who can't keep the agenda going. I'm not even sure what we've accomplished tonight. Anyway, the issue with the fence. That's — Johnson: We're talking about the fence and the pool. Prior: Commissioner MacCoy makes a good point. Obviously the safety of the, children is paramount. As far as the pool is concerned, I also had an opportunity to go out to the site and the pool is really a concern and the reason I've included in the Findings just so in the case of liability we've addressed it at least to some extent, but the Department of Health and Welfare will require Ms. Webster to tear that pool down if they deem that's a problem. We can require her to take it down as well, but the practical matter is that when Department of Health and Welfare licensing goes out there to do their inspection in order for her to obtain her license, if they think that pool is a problem, they are going to make her take it down. So it's a concern. I think I have addressed it appropriately in the Findings, I believe I have. It's up to Health and Welfare. I think they can make a further determination, and I think they are better suited to do that than this commission. Johnson: Thank you. Prior: Is that enough? Johnson: That's way too much. Smith: Works for me. Thank you. Planning and Zoning Commission May 12, 1998 Page 10 Prior: You're welcome. Johnson: Any comments Mr. Nelson on those two issues? Nelson: I have none. Johnson: Well, with that and no further discussion. What would you like to do? Smith: Mr. Chairman, I would like to make a motion that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusion of Law. MacCoy: Second. Johnson: Motion and second to approve the Findings of Fact and Conclusions of Law. ROLL CALL VOTE: Borup, aye. Smith, aye. Nelson, aye. MacCoy, aye. MOTION CARRIED: All ayes. Johnson: Recommendation to the City Council. Smith: Mr. Chairman, Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application. Borup: Second. Johnson: We have a motion and a second to pass that recommendation on to the City Council. All in favor? MOTION CARRIED: All ayes. ITEM NO. 11: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A SECOND BUILDING FOR A FUEL ISLAND BY ALBERTSON'S INC. SOUTHWEST CORNER OF W. CHERRY LANE AND TEN MILE ROAD. Johnson: Any discussion regarding these Findings of Fact and Conclusions of Law. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION TONYA D. WEBSTER CONDITIONAL USE PERMIT FOR GROUP DAY CARE 3642 E. EISENHOWER DRIVE CROSSROADS SUBDIVISION NO. 3 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing April 14, 1998, at the hour of 7:30 o'clock p.m., the Petitioner, Tonya Webster, appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 14, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 14, 1998, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. This property is located within the City of Meridian and the Applicant is the owner of the property; that the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. TONYA D. WEBSTER - GROUP DAY CARE currently zoned I -L Light Industrial. The Application stated the property is zoned I -L; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 A., Residential, Group Child Care Home is not listed as a conditional use in the I -L District. 3. The I -L, Light Industrial District is described in the Zoning Ordinance, 11-2-408 B. 14 as follows: (I -L) Light Industrial: The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 4. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 5. The property is located at CROSSROADS SUBDIVISION NO. 3, Lot 9, Block 8, which is zoned Light Industrial; that the land where Crossroads Subdivision is located is all zoned I -L but the land was also later given the right to be developed in a planned unit development fashion; that Crossroads Subdivision, an R-4 or R- 8 residential development was allowed to locate in the I -L zone even though residences are not permitted in the I -L zone. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. TONYA D. WEBSTER - GROUP DAY CARE 6. The Applicant wishes to operate a group day care for up to twelve (12) children in her home. 7. The Applicant, Tonya Webster was sworn in by the Assistant City Attorney. The Applicant testified that she would like to operate a day care for up to six or seven children between the ages of seventeen months and five years. 8. Chairman Johnson inquired as to whether the applicant had reviewed the letter from the Assistant to the City Engineer, Bruce Freckleton. Mrs. Webster noted that she had not received the letter from Bruce Freckleton. 9. Commissioner Maccoy noted that he been out to the site and had spoken to Mrs. Webster about the daycare center. Commissioner Maccoy inquired about the neighborhood's covenants and what were the neighbors' response to a daycare coming into the neighborhood. Mrs. Webster noted that she spoke with the neighbors next to her and behind and in front of her and none of them had a problem with her proposal. 10. Commissioner Maccoy noted that from his tour of the property there is a fenced yard and a gate to that fence. Mrs. Webster noted that the gate could be a lockable gate with the purchase of a deadbolt. Commissioner Maccoy requested that the Applicant discuss the status of the above ground pool in their backyard. Mrs. Webster stated "Well there's no way possible that a kid five years or below could get into that pool, I mean the pool stands five-foot high and a five year old stands 2-3 feet high you know, so its impossible, we do have a deck going in around the pool FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. TONYA D. WEBSTER - GROUP DAY CARE but it will be gated and locked and I was just told by Kasha, because the gal that was here before, that the health inspectors will tell me to take out the pool or completely fence it in before I can even get a license." 11. Commissioner Maccoy inquired about signage for the proposed daycare center. Mrs. Webster noted that there would not be a sign. Commissioner Maccoy inquired whether the business would care for any handicap children. Mrs. Webster noted that maybe kids with Down's Syndrome but that would be all. Commissioner Maccoy noted that there are state and federal laws that need to be met if there are going to be handicapped children on the premises. Commissioner Maccoy inquired about the hours of operation Mrs. Webster noted that the daycare would be open from 7:00 a.m. until 6:00 p.m. 12. Commissioner Nelson wanted a clarification on the number of children. Mrs. Webster noted that she would care for six or seven including her own. 13. Commissioner Smith inquired about the areas of the home being proposed for the daycare center. Mrs. Webster noted that she would use the kitchen, the dining room, the living room, two spare bedrooms and one bathroom. She noted that the master bedroom would be excluded and so would the bedroom by the laundry room. 14. The Assistant City Attorney swore in Mrs. Charlene England. She noted that she did not have a problem with the daycare on her street but she was concerned with the increase in traffic that may occur. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. TONYA D. WEBSTER - GROUP DAY CARE 15. Commissioner Smith read from the A.C.H.D. report, which noted that a typical daycare generates an additional 4.65 vehicle trips per day per student. Commissioner Smith noted that you would then multiply the number of kids by that figure and that would tell how many additional trips would be.generated. The Commissioners then went on to discuss in length what'constitutes a trip. 16. Commissioner Nelson noted that the P& Z Commission has an obligation to promote alternative day care solutions and that traffic is only one factor to consider in making a decision. 17. The Assistant City Attorney swore in Daniel Webster. He noted that the in ground pool is 52 inches in height. He stated "We've put a lot of design into this particular deck that's being built around the pool and rest assured that there is no way any children can get into this particular area." Commissioner Johnson inquired if the pool was a covered pool. Mr. Webster noted that it was a covered pool. 18. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full herein: off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; that outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D. 3.; that no signage shall be allowed; that sanitary sewer and water to the facility, would be through existing service lines and plans for FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. TONYA D. WEBSTER - GROUP DAY CARE sewer and water service will be reviewed to see if the additional load would justify additional assessments; that Applicant is to provide information with regard to anticipated water demand; that Applicant will be required to enter into an Assessment Agreement with the City prior to operation; that the use will be a commercial use and charged accordingly; that Zoning Certificate and Certificate of Occupancy for day care are required prior to operation; that screened trash enclosures are to be provided in accordance with City Ordinance; that the family child care home shall not adversely impact surrounding properties due to children's noise, traffic and other activities; that the Applicant will provide a copy of the daycare license from the Idaho Department of Health & Welfare; that the operators' licenses shall be available on the premises for inspection at all times; that the Applicant shall screen adjacent residential properties through landscaping and fencing to protect children from adverse impact and to provide a buffer between properties; that Applicant shall provide a fence of appropriate height/construction to enclose play areas; that if approved, the Applicant shall schedule an appointment with the Meridian Fire Department for inspection prior to operating; that without approval revocation of the conditional use permit will result; that violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. The conditional use Permit shall be subject to review upon notice to the applicant. 19. That the Meridian Fire Chief, Kenny Bowers, requires all FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. TONYA D. WEBSTER - GROUP DAY CARE codes be met. 20. The Ada County Highway District had the following comments: that this application would not be heard unless the site plan was changed to require A.C.H.D. Commission review; that all future design plans and construction will be in accordance with the ACHD's Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances, unless wavied in writing. 21. The Central District Health Department submitted comments which state that after written approval has been obtained from the appropriate entities they can approve for central sewage. They would require plans be submitted for a plan review for the day care center. 22. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statutes and ordinances, and of actual conditions existing within the City and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. TONYA D. WEBSTER - GROUP DAY CARE state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code. Pursuant to that section conditions minimizing adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities, may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. That the conditional use permit shall be treated as being conducted in an R-8 Residential District and not the Light Industrial District since the land is developed and used as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page ,8. TONYA D. WEBSTER GROUP DAY CARE residential subdivision. 8. 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements, a review of the facts presented, the conditions of the area, and assuming that the above conditions or similar ones thereto would be attached to the conditional use, - the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance requires a conditional use permit to allow the use; C. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic will increase some but not in a (subtantial)fashion substantially; that drop-off and pick-up shall be off the street and such should not be a problem. e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. TONYA D. WEBSTER - GROUP DAY CARE g. If the conditions stated below are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. h. That sufficient parking for the proposed use will be required to meet the requirements of the City ordinance. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 9. It is recommended that the Conditional Use Permit be granted. 10. If the permit is granted conditions may be placed upon the granting of the conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The children, if outside, shall be maintained in the fenced area, as required below; b. There shall be fencing, gates and locks for the outside play area such that no children can leave the property without an adult unlocking and opening the gate to let the child or children out of the play area; no children shall be allowed outside of the play area or the home without an adult being present; the fence shall be maintained in good repair and the children, when outside, shall stay in the fenced area and the children shall not be allowed outside of the fenced area or the home, except for drop-off and pick-up times, and an adult shall be with them at all times if the child or children are waiting to be picked up; C. The Applicant shall meet the state of Idaho requirements for staff to children ratio; d. The Central District Health Department and the state of Idaho Department of Health and Welfare have requirements for day care operations and the Applicant shall meet those FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. TONYA D. WEBSTER - GROUP DAY CARE requirements of the Central District Health Department and the state of Idaho Department of Health and Welfare; e. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another parcel of property; f. The Applicant shall completely fence the above ground pool and shall maintain a lock on the pool gate and at no time shall the pool be used during the hours of operation of the day care center. g. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, and other governmental agencies submitting comments, which comments specifically include: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; 2. Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant shall provide any information that would aid the City in regards to the anticipated water demand. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 3. Zoning Certificate and Certificate of Occupancy for the daycare are required prior to operation. 4. The family child care home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 5. The Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare -Child Care Licensing Division and provide a copy thereof to the City of Meridian prion to operation. Operator's license shall be on- site for City inspection at all times. 6. The Applicant shall provide screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. 7. Applicant shall provide for a fence of appropriate height/construction, to enclose play areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. TONYA D. WEBSTER - GROUP DAY CARE 8. If the conditional use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without prior approvals will result in revocation of conditional use permit. 9. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. The Conditional use Permit shall be subject to review upon notice to the applicant. h. The conditional use should not be restricted to a period of authorization but may be reviewed, upon notice to the Applicant, for violation of any conditions imposed herein. 11. That there shall be no more than twelve (12) children cared for at the home throughout the day; that this number of children is arrived at from the total number of children cared for at the facility and not the number of children at the facility at one time. 12. The above -conditions are concluded to be reasonable and if the permit is granted the Applicant shall meet these conditions. 13. It is recommended that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. TONYA D. WEBSTER - GROUP DAY CARE 6 ROLL CALL COMMISSIONER BORUP COMMISSIONER SMITH COMMISSIONER NELSON COMMISSIONER MACCOY CHAIRMAN JOHNSON (TIE BREAKER) RECOMMENDATION VOTED L VOTED_ VOTED VOTED VOTED The Meridian Planning and Zoning Commission hereby recommends r_ to the City Council of the City of Meridian that they the Conditional Use Permit requested by the Applicant for the property KAY-15 described in the application. MOTION: / APPROVED: L 4-29-98 - Final DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. TONYA D. WEBSTER - GROUP DAY CARE MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 12, 1998 APPLICANT: TONYA WEBSTER AGENDA ITEM NUMBER: 10 REQUEST: CONDITIONAL USE PERMIT FOR A HOME DAY CARE (6 TO 12 CHILDREN) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES FROM 4/14/98 SEE ATTACHED F F & C L BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 57 Johnson: We have a motion and a simultaneous second to have the City Attorney prepare Findings of Fact and Conclusions of Law on -item #7. All in favor? Opposed? MOTION CARRIED: All aye. ITEM #8: PUBLIC HEARING: CONDITONAL USE PERMIT FOR A GROUP DAY CARE BY TONYA WEBSTER -- 3642 E. EISENHOWER: Johnson: I'll now open the public.hearing and ask the applicant or the applicant's representative to address the Commission and be sworn. Webster: My name is Tonya Webster, 3642 E. Eisenhower Drive. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Webster: I do. I want a conditional use permit for a daycare of up to six or seven kids between the ages of seventeen months and five years. Johnson: We have your application so we can just start by asking some questions, this might be a good way to start some dialogue. Have you seen the letter dated April 10th from our planning staff, Assistant Engineer, Freckleton, and Planning & Zoning Administrator, Stiles? Do you have a copy of that? Webster: I don't. Johnson: Well it was just done on the 10th that's why I asked that. There are nine items in here and I'll make mine available to you here so that you at least have that because I was going to ask you if you had seen that and if you had any difficulties with any of those items and I will relinquish the podium to someone else. Nelson: Mr. Chairman I'll pick it up from you. Webster: Yeah, I have seen this. Johnson: You have seen that, okay. Then I will ask.you, did you have any problems with any of those requirements, suggestions? Webster: This was just mailed on April 10tn? Johnson: Yes, it's date April 10tH Webster: Actually no, I have not received this letter. MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 58 Johnson: Okay so you need a little time to look at it. Did you -have another question Malcolm? MacCoy: Yes, I was out at the site, in fact I've even talked to Tonya out there and she even gave me a tour so what about for the record your neighborhood covenants and your neighborhoods response to you running a daycare center. Webster: I've .talked to all the neighbors right next to me and behind me and in front of me and none of them have a problem with it. MacCoy: Okay, your yard is fenced and it does have a gate on it. Webster: My husband says that that can be a lockable gate all we need to do is buy a deadbolt. MacCoy: That's right, I've checked your locking system and that's all you need and you've got an above ground pool in your backyard, would you please state the condition of that. Webster: Well there's no way possible that a kid five years or below could get into that pool, I mean the pool stands five-foot high and a five year old stands 2-3 feet high you know so it's possible we do have a deck going in around the pool but it will be gated and locked and I was just told by Kasha because --the gal that was here before that the health inspectors will tell me to take out the pool or completely fence it in before I can even get a license. Prior: That's what state law requires, you have to fence it. Webster:. Yeah, and we're halfway there so — MacCoy: And I witnessed that (inaudible) it's almost — the gate's there it just hasn't been put on the hinges yet and you've got part of your fencing already up. Webster: Right. MacCoy: It's more like a four foot high pool by the — Webster: No, it's five-foot. MacCoy: It sure doesn't seem like it. Webster: 48 -inches, I'm sorry, 48 -inches, 4 -feet sorry. MacCoy: What do you plan for signage to announce what you're doing there? MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 59 Webster: I plan on using the Idaho Statesman for advertising. MacCoy: Okay, you're not planning on planting a sign — Webster: — But I did have a sign stating what I wanted to do for my neighbors, and for passerby's, and I it got rained out so I need to put another one up. MacCoy: Well, okay, but you plan to not have a sign designed and planted in your front yard? Webster: Oh no, no. MacCoy: Alright, do you have any, plans for handicapped children in your take? Webster: I do have experience with Down's Syndrome and I would take Down's Syndrome kids because I do have extensive experience with Down's Syndrome kids but that's all the further I've thought about that. MacCoy: Just a matter of statement to you about the handicapped is that there is a state and federal law that handles that if you end up having a child who is handicapped that you would have to meet that part of the requirements, if you don't plant to have them then don't worry about it. What's your hours of operation? Webster: Well I would plan to be open from 7:00 to 6:00, 7:00 in the morning. MacCoy: Okay, pass. Johnson: Anyone else, questions? Nelson: I have a question. Could you clarify the number of children — you mentioned around six and — Webster: I only plan to take six or seven including my own. Nelson: That's including yours for a total. Webster: Yes. Nelson: Thank you. Smith: I have one: What areas of the home are you planning on using for this daycare? MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 62 Prior: Everybody has more tact than you do for the record. These conditional use permits can be revoked and everybody understands that who's here today so if it gets to be an ongoing problem obviously the solution is.you try to work it out with — if it's approved — work it out with the person there but if its not and it gets to be an ongoing problem these things — you file a complaint and it goes before the City Council and they can hold a hearing whether they want to continue allowing that person to have that, so there is an option there at some point, okay? It's not deal with it. Johnson: And that last happened in 1810. I'm just kidding. Smith: Mr. Chairman, let me just read part of an ACHD report on this particular project, it might clarify for you what it's going to do to your traffic. "Each parent typically makes two round trips per day, four one-way trips, the Institute of Transportation Engineers data shows that a typical daycare created 4.65 vehicle trips per day per student". The proposed twelve student facility can be expected to generate 56 total vehicle trips per day and she's said that she doesn't want to have twelve so it would be less than 56, so four times however many kids gets you an idea according to ACHD and if some of those kids are her kids then that would be even less. Johnson: Or if two kids come together in the same car. Borup: And I really question how many parents make four trips a day. Johnson: A trip is I think by the Highway Dept. is you go and you drop your child off and — Borup: They're saying two round trips so apparently they expect the parents to rush over there at lunch time and check on their kids every day. Johnson: Could be. Smith: Two round trips, one in the morning to drop them off, one at night to pick them up. Four one way trips, one way in one way out twice. Sounds bad but — Borup: I think what the Commission's saying to the individual up here is yeah there's going to be traffic unless you propose the children being dropped off at Eagle Road and walking in, so the cars are going to be there. Nelson: Can I make a comment? It's kind of the obligation I think of this Board to provide alternative daycare solutions if we're going to approve subdivisions and — I think its a good thing that %tie allow some in-house daycares and should almost encourage it rather than lots of industrial sized daycares but yes that does promote the traffic locally. The assumption is that there's only the same number MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 63 of kids in Meridian regardless of whether they drive through your neighborhood on the way to a big daycare or stop on the way. I don't think traffic really is going to be an issue. Johnson: Okay I feel better now. Borup: Obviously one factor would be how many of the people are living in the subdivision already and how many are coming from outside the subdivision. Johnson: Anybody else since we've hit the traffic issue pretty good. Yes Sir, you need to be sworn. Webster, D.: Daniel J. Webster, 3642 E. Eisenhower Drive. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Webster, D.: Yes I do, thank you. Gentlemen this pool is 52 inches, I would like to have you correct your paper work, it's not 48, it is 52 inches though just to — that's four more inches than 48 standard so — Prior: I feel better, I feel a lot better. Webster, D.: -- yes, we've got to put a lot of design into this particular deck that's being built around the pool and rest assured that there is no way any children can get into this particular area. Johnson: Is that a covered pool? Webster,. D.: Yes it is sir, yes it is a covered pool. Johnson: Any questions of Mr. Webster? Thank you, anyone else? Anybody else here for this application? If not then I'll close the public hearing at this time. This would require Findings of Fact and Conclusions of Law for the conditional use permit by Tonya Webster. MacCoy: Chairman I recommend that we give to the Counselor the duty to prepare Findings of Fact and Conclusions of Law for this item. Johnson: Are you just going to recommend it or are you going to instruct him to do it? MacCoy: I want to instruct you to do it. Nelson: Second. MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 64 Johnson: We have a motion and a second to have the City Attorney prepare Findings of Fact and Conclusions of Law. All in favor? Opposed? MOTION CARRIED: All aye. ITEM #9: PUBLIC HEARING: PRELIMINARY PLAT FOR ENGLEWOOD CREEK ESTATES SUBDIVISION NO. 2 BY ENGLEWOOD DEVELOPMENT CORP. — WEST OF TEN MILE ROAD AND % MILE SOUTH OF USTICK ROAD: Johnson: I'll now open this public hearing and invite the applicant or the applicant's representative to address the Commission and be sworn. Tomlinson: My name is Richard Tomlinson I work with Hubble Engineering, 9550 Bethel Court, Boise, Idaho. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Tomlinson: I do. Prior: Proceed. Tomlinson: I'm hereon behalf of the developer, it's for Englewood Creek Estates Subdivision No.2, its a 49 lot subdivision on 15'/ acres, it's apparently in the R- 4 zone and I think we meet all of those — meet all of the requirements in that zone and also we agree with the recommendations and.comments that the staff has brought up for the subdivision except for site specific comment number six which is to dedicate a twenty foot lot — Johnson: I think you responded to those in writing didn't you? Tomlinson: I did, and at the time we had agreed with it and I have spoken with the Public Works Department since then as to maybe some other way we can deal with the sewer line being brought in between lots 12 & 13 of block 4 there and we would put in a twenty foot exclusive easement. The twenty foot easement would be entirely on one lot so there wouldn't be a fence down the middle or over the sewer line so there would be adequate area there to get in and do any repairs necessary. Johnson: Okay any -questions of Mr. Tomlinson? Commissioner Borup? Borup: Item #7 on.the floord plain, is this area being affected by flood plains differently than others? IF ° BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION TONYA D. WEBSTER CONDITIONAL USE PERMIT FOR GROUP DAY CARE RECEIVED 3642 E. EISENHOWER DRIVE APR 2 9 1998 CROSSROADS SUBDIVISION NO. 3 aff Of ERIDMN MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing April 14, 1998, at the hour of 7:30 o'clock p.m., the Petitioner, Tonya Webster, appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 14, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 14, 1998, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. This property is located within the City of Meridian and the Applicant is the owner of the property; that the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. TONYA D. WEBSTER - GROUP DAY CARE currently zoned I -L Light Industrial. The Application stated the property is zoned I -L; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 A., Residential, Group Child Care Home is not listed as a conditional use in the I -L District. 3. The I -L, Light Industrial District is described in the Zoning Ordinance, 1172-408 B. 14 as follows: (I -L) Light Industrial: The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best. suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 4. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." S. The property is located at CROSSROADS SUBDIVISION NO. 3, Lot 9, Block 8, which is zoned Light Industrial; that the land where Crossroads Subdivision is located is all zoned I -L but the land was also later given the right to be developed in a planned unit development fashion; that Crossroads Subdivision, an R-4 or R- 8 residential development was allowed to locate in the I -L zone even though residences are not permitted in the I -L zone. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. TONYA D. WEBSTER GROUP DAY CARE 6. The Applicant wishes to operate a group day care for up to twelve (12) children in her home. 7. The Applicant, Tonya Webster was. sworn in by the Assistant City Attorney. The Applicant testified that she would like to operate a day care for up to six or seven children between the ages of seventeen months and five years. 8. Chairman Johnson inquired as to whether the applicant had reviewed the letter from the Assistant to the City Engineer, Bruce Freckleton. Mrs. Webster noted that she had not received the letter from Bruce Freckleton. 9. Commissioner Maccoy noted that he been out to the site and had spoken to Mrs. Webster about the daycare center. Commissioner Maccoy inquired about the neighborhood's covenants and what were the neighbors' response to a daycare coming into the neighborhood. Mrs. Webster noted that she spoke with the neighbors next to her and behind and in front of her and none of them had a problem with her proposal. 10. Commissioner Maccoy noted that from his. tour of the property there is a fenced yard and a gate to that fence. Mrs. Webster noted that the gate could be a lockable gate with the purchase of a deadbolt. Commissioner Maccoy requested that the Applicant discuss the status of the above ground pool in their backyard. Mrs. Webster stated "Well there's no way possible that a kid five years or below could get into that pool, I mean the pool stands five-foot high and a five year old stands 2-3 feet high you know, so its impossible, we do have a deck going in around the pool FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. TONYA D. WEBSTER GROUP DAY CARE but it will be gated and locked and I was just told by Kasha, because the gal that was here before, that the. health inspectors will tell me to take out the pool or completely fence it in before I can even get a license." 11. Commissioner Maccoy inquired about signage for the proposed daycare center. Mrs. Webster noted that there would not be a sign. Commissioner Maccoy inquired whether the business would care for any handicap children. Mrs. Webster noted that maybe kids with Down's Syndrome but that would be all. Commissioner Maccoy noted that there are state and federal laws that need to be met if there are going to be handicapped children on the premises. Commissioner Maccoy inquired about the hours of operation Mrs. Webster noted that the daycare would be open from 7:00 a.m. until 6:00 p.m. 12. Commissioner Nelson wanted a clarification on the number of children. Mrs. Webster noted that she would care for six or seven including her own. 13. Commissioner Smith inquired about the areas of the home being proposed for the daycare center. Mrs. Webster noted that she would use the kitchen, the dining room, the living room, two spare bedrooms and one bathroom. She noted that the master bedroom would be excluded and so would the bedroom by the laundry room. 14. The Assistant City Attorney swore in Mrs. Charlene England. She noted that she did not have a problem with the daycare on her street but she was concerned with the increase in traffic that may occui.. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. TONYA D. WEBSTER - GROUP DAY CARE 15. Commissioner Smith read from the A.C.H.D. report, which noted that a typical daycare generates an additional 4.65 vehicle trips per day per student. Commissioner Smith noted that you would then multiply the number of kids by that figure and that would tell how many additional trips would be generated. The Commissioners then went on to discuss in length what constitutes a trip. 16. Commissioner Nelson noted that the P& Z Commission has an obligation to promote alternative day care solutions and that traffic is only one factor to consider in making a decision. 17. The Assistant City Attorney swore in Daniel Webster. He noted that the in ground pool is 52 inches in height. He stated "We've put a lot of design into this particular deck that's being built around the pool and rest assured that there is no way any children can get into this particular area." Commissioner Johnson inquired if the pool was a covered pool. Mr. Webster noted that it was a covered pool. 18. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full herein: off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; that outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D. 3.; that no signage shall be allowed; that sanitary sewer and water to the facility would be through existing service lines and plans for FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. TONYA D. WEBSTER - GROUP DAY CARE sewer and water service will be reviewed to see if the additional load would justify additional assessments; that Applicant is to provide information with regard to anticipated water demand; that Applicant will be required to enter into an Assessment Agreement with the City prior to operation; that the use will be a commercial use and charged accordingly; that Zoning Certificate and Certificate of Occupancy for day care are required prior to operation; that screened trash enclosures are to be provided in accordance with City Ordinance; that the family child care home shall not adversely impact surrounding properties due to children's noise, traffic and other activities; that the Applicant will provide a copy of the daycare license from the Idaho Department of Health & Welfare; that the operators' licenses shall be available on the premises for inspection at all times; that the Applicant shall screen adjacent residential properties through landscaping and fencing to protect children from adverse impact and to provide a buffer between properties; that Applicant shall provide a fence of appropriate height/construction to enclose play areas; that if approved, the Applicant shall schedule an appointment with the Meridian Fire Department for inspection prior to operating; that without approval revocation of the conditional use permit will result; that violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. The conditional. use Permit shall be subject to review upon notice to the applicant. 19. That the Meridian Fire Chief, Kenny Bowers, requires all FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. TONYA D. WEBSTER - GROUP DAY CARE codes be met. 20. The Ada County Highway District had the following comments: that this application would not be heard.unless the site plan was changed to require A.C.H.D. Commission review; that all future design plans and construction will be in accordance with the ACHD's Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances, unless wavied in writing. 21. The Central District Health Department submitted comments which state that after written approval has been obtained from the appropriate entities they can approve for central sewage. They would require plans be submitted for a plan review for the day care center. 22. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian.have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statutes and ordinances, and of actual conditions existing within the City and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. TONYA D. WEBSTER - GROUP DAY CARE M state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code. Pursuant to that section conditions minimizing adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities, may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. That the conditional use permit shall be treated as being conducted in an R-8 Residential District and not the Light Industrial District since the land is developed and used as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. TONYA D. WEBSTER GROUP DAY CARE residential subdivision. 8. 11-2-418(C) of the Revised and Compiled. Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements, a review of the facts presented, the conditions of the area, and assuming that the above conditions or similar ones thereto would be attached to the conditional use, - the Planning and Zoning Commission concludes as follows: a. The use, would in' fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance requires a conditional use permit to allow the use; C. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic will increase some but not in a (subtantial)fashion substantially; that drop-off and pick-up shall be off the street and such should not be a problem. e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. TONYA D. WEBSTER - GROUP DAY CARE g. If the conditions stated below are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or.odors. h. That sufficient parking for the proposed use will be required to meet the requirements of the City ordinance. i.. The development and uses will not result in the destruction, loss. or damage of a natural or scenic feature of major importance. 9. It is recommended that the Conditional Use Permit be granted. 10. If the permit is granted conditions may be placed upon the granting of the conditional. use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The children, if outside, shall be maintained in the fenced area, as required below; b. There shall be fencing, gates and locks for the outside play area such that no children can leave the property without an adult unlocking and opening the gate to let the child or children out of the play area; no children shall be allowed outside of the play area or the home without an adult being present; the fence shall be maintained in good repair and the children, when outside, shall stay in the fenced area and the children shall not be allowed outside of the fenced area or the home, except for drop-off and pick-up times, and an adult shall be with them at all times if the child or children are waiting to be picked up; C. The. Applicant shall meet the state of Idaho requirements for staff to children ratio; d. The Central District Health Department and the state of Idaho Department of Health and Welfare have requirements for day care operations and the Applicant shall meet those FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. TONYA D. WEBSTER - GROUP DAY CARE requirements of the Central District Health Department and the state of Idaho Department of Health and Welfare; e. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another parcel of property; f. The Applicant shall completely fence the above ground pool and shall maintain a lock on the pool gate and at no time shall the pool be used during the hours of operation of the day care center. g. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, and other governmental agencies submitting comments, which comments specifically include: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; 2. Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant shall provide any information that would aid the City in regards to the anticipated water demand. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 3. Zoning Certificate and Certificate of Occupancy for the daycare are required prior to operation. 4. The family child care home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 5. The Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare -Child Care Licensing Division and provide a copy thereof to the City of Meridian prior to operation. Operator's license shall be on- site for City inspection at all times. 6. The Applicant shall provide screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. 7. Applicant shall provide for a fence of appropriate height/construction, to enclose play ureas. FINDINGS OF FACT AMID CONCLUSIONS OF LAW - Page 11. TONYA D. WEBSTER - GROUP DAY CARE 8. If the conditional use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare, without prior approvals will result in revocation of conditional use permit. 9. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. The Conditional use Permit shall be subject to review upon notice to the applicant. h. The conditional use should not be restricted to a period of authorization but may be reviewed, upon notice to the Applicant, for violation of any conditions imposed herein.. 11. That there shall be no more than twelve (12) children cared for at the home throughout the day; that this number of children is arrived at from the total number of children cared for at the facility and not' the number of children at the facility at one time. 12. The above -conditions are concluded to be reasonable and if the permit is granted the Applicant shall meet these conditions. 13. It is recommended that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. TONYA D. WEBSTER - GROUP DAY CARE MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 14, 1998 APPLICANT: TONYA WEBSTER AGENDA ITEM NUMBER: 8 REQUEST: CONDITIONAL USE PERMIT FOR A GROUP DAY CARE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 25 March 1998 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2RHfCk?NXX 208-463-0183 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 x xxx ")Q4;Rxx RE: Conditional Use Permit for Group Daycare - Tonya D. Webster Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division '1tHEALTH �� DEPARTMENT ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil 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: Ocentral 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. Date: 3 /�/�� r Reviewed By: A(42�±4 Review Sheet (00. 10/91 rck rev. 1/91 VIE h; hey . 2 4 199.3 Return to: ❑ Boise ❑ Eagle Rezone # Conditional Use # � yr I)A �/ f; �� ��•� MYOF A��>1.,- T ❑Garden City Meridian ❑ Kuna Preliminary / Final / Short Plat w �[3S >�"� � � �� — �� /SC/✓ owl � / l Ve ❑ ACZ ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil 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: Ocentral 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. Date: 3 /�/�� r Reviewed By: A(42�±4 Review Sheet (00. 10/91 rck rev. 1/91 [%T14 • SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: MCU -09-98 3642 Eisenhower Drive pECE� CITY OF MER,IDUN March 25, 1998 The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission review. However, ACHD receives many calls from neighbors of day care centers 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 care created 4.65 vehicle trips per day per student. The proposed 12 student facility can be expected to generate 56 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 please feel free to call me at Y7-6170. Sincerely, Steve Arnold Senior Development Analyst cc: Project file Chron file ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 387-6100 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS . WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 1998 TRANSMITTAL DATE: March 16, 1998 HEARING DATE: April 14. 1998 REQUEST: Conditional Use Permit for Group Dav Care BY: Tonva D. Webster LOCATION OF PROPERTY OR PROJECT: 3642 E. Eisenhower Drive JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P2 _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT ril 'r:.�Yi�1�:2.f wA`• WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt, DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE - Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 1998 TRANSMITTAL DATE: March 16. 1998 HEARING DATE: April 14, 1998 REQUEST: Conditional Use Permit for Group Day Care BY:_Tonva D. Webster LOCATION OF PROPERTY OR PROJECT: 3642 E. Eisenhower Drive JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P2 _BYRON SMITH, P/Z _KEITH BORUP, P/Z —ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD; C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT XPOLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES REcETvED MAR 18 1998 CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION PRELIM & FINAL PLAT) IDAHO TRANSPORTATII�ON �P MENT YOUR CONCISE REMARKS: � / HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-=4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208)887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRDCET (208)884-5533 APR .I �` 1998 MEMORANDUM: April 10, 1998 CITY OF MERIDIAN To: Planning & Zoning Commission From: Bruce Freckleton, Assistant to City Engineer i��g Shari Stiles, P&Z Administrator 5�5 Re: REQUEST FOR CONDITIONAL USE PERMIT FOR A GROUP DAY CARE (6-12 Children) at 3642 Eisenhower Drive (CROSSROADS SUB. NO. 3), by Tonya Webster We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments . Please provide any information that you may have with regard to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 3. Zoning Certificate and Certificate of Occupancy for the daycare are required prior to operation. 4. The family child care home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 5. Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare -Child Care Licensing Division. Provide copy of license to the City of Meriuian. Operators' license shall be on-site for City inspection at all times. Webster.CUP Mayor, Council and P&Z April 10, 1998 Page 2 6. Applicant shall provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. 7. Applicant shall provide for a fence of appropriate height/construction, to enclose play areas. 8. If the conditional use permit is approved, Applicant.is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals will result in revocation of conditional use permit. 9. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. The Conditional Use Permit shall be subject to review upon notice to the applicant. Webster.CUP WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 1998 TRANSMITTAL DATE: March 16, 1998 HEARING DATE: April 14, 1998 REQUEST: Conditional Use Permit for Group Day Care BY: Tonva D. Webster LOCATION OF PROPERTY OR PROJECT: 3642 E. Eisenhower Drive JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER 74— PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: r.� t e... .� 1.. .. Ai c... ...e t 1..... t.l.l�... ,... ..+.. , i._ _ . .y�...,.. .. ..,i .� r.. .... l... J._... ... �. y. E , } t CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: GENERAL LOCATION: DESCRIPTION OF PROPOSED CONDITIONAL USE: �� ZONING CLASSIFICATION: 1. L I certify that the information contained herein is true and correct. Signature o Applicant Social Security Number LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoniig Commission will hold a Public Hearing in the Meridian City Hall on at ._.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK , LOT TO APPLICATION CONDITIONAL USE APPLICATION 1. TONYA D. WEBSTER, 3.642 E. EISENHOWER DR., MERIDIAN_, ID,83642 PHONE (208) 895-8906. 2. OWNER OF SUBJECT PROPERTY, DAN AND TONYA WEBSTER, ADDRESS IS THE SAME AS ABOVE. 3. LEGAL DESCRIPTION OF PROPERTY IS, LOT 9, IN BLOCK 8 OF CROSSROADS SUBDIVISION NO. 3 4. PROOF OF OWNERSHIP OF SUBJECT PROPERTY (WARRANTY DEED); ENCLOSED 5. DESCRIPTION OF EXISTING USE; PRESENTLY USED AS FAMILY RESIDENCE 6. PRESENT USE OF SUBJECT PROPERTY; FAMILY RESIDENCE 7. PROPOSED USE OF THE SUBJECT PROPERTY; WOULD LIKE TO START GROUP DAY CARE 8. THE DISTRICT (PRESENT ZONING) THAT PERTAINS TO SUBJECT PROPERTY; IL 9. THIRTY COPIES OF A VICINITY MAP OF A SCALE OF ONE INCH EQUALS THREE HUNDRED FEET (1"=300') ENCLOSED. 10. A PLAN (WITH A SCALE OF NOT LESS THAN 1"=50')OF THE PROPOSED SITE FOR THE CONDITIONAL USE SHOWING THE LOCATION OF ALL BUILDINGS, PARKING AND LOADING AREAS, TRAFFIC ACCESS AND TRAFFIC CIRCULATION, OPEN SPACES, LANDSCAPING, REFUSE AND SERVICE AREAS, UTILITIES, SIGNS AND YARD (35 COPIES) ALSO INCLUDE ONE 8 1/2 X 11" COPY OF SITE PLAN, ELEVATIONS AND LIST OF CONSTRUCTION MATERIALS FOR ALL BUILDINGS. (ENCLOSED) 11. A LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS WITHIN (300") OF THE EXTERNAL BOUNDARIES OF THE LAND BEING CONCIDERED: ENCLOSED 12. CHARACTERISTICS OF SUBJECT PROPERTY WHICH MAKE A CONDITIONAL USE DESIRABLE; MINE IS A COMFORTABLE HOME WITH PLENTY OF SPACE FOR ACTIVITIES, IT IS A SINGLE LEVEL HOME SO THERE IS NO CHANCE OF STAIR ACCIDENTS, THERE IS A VERY LARGE ENCLOSED BACK YARD FOR PLAYING AND ACTIVITIES, TWO SPARE BEDROOMS WITH PLENTY OF NAPPING SPACE. 13. A FEE ESTABLISHED BY THE COUNCIL; $275.00 + $1.67 EACH FOR. CERTIFIED Page 1 APPLICATION MAILINGS FOR EACH PROPERTY OWNER LISTED WITHIN THE 300 FEET=TOTAL FEE; ENCLOSED. 14. I THE APPLICANT TONYA D. WEBSTER, AGREE TO PAY ANY ADDITIONAL SEWER, WATER OR TRASH FEES OR CHARGES, IF ANY, ASSOCIATED WITH THE USE. Mail 15. I THE APPLICANT TONYA D. WEBSTER, HAVE READ THE CONTENTS THEROF AND VERIFIES THAT THE INFORMATION CONTAINED THERIN ISTRUEAND CORRECT. 16. THE PROPERTY WILL BE POSTED 1 WEEK BEFORE THE HEARING STATING THEY HAVE (I HAVE APPLIED FOR A CONDITIONAL USE PERMIT OR ZONING) Page 2 i Order No. 9 0033 1 This form fur, A by --, Stewart Title Company of Idaho, Inc. t 33 CORPORATION WARRANTY DEED ELITE HOMES, INC., AN IDAHO CORPORATION ,a corporation organized and existing under the laws of the State of , with its principal office at 8841 N RIVER BEACH LANE, BOISE, ID 83714.1812 grantor, hereby CONVEYS or ORANTS and WARRANTS TO DANIEL J. NEBSTER AND TONYA D. NEBSTER, HDDBAND AND WIFE grantee whose current address Is: 3642 E EISENHOMM DRIVE, MERIDIAN, ID 83642 the following described premises, to -wit: LOT 9 IN BLOCK 8 OF CROSSROADS SUBDIVISION N0. 3, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 71 OF PLATS AT PAGES 1320, RECORDS OF ADA COUNTY, IDAHO., TO HAVE AND TO HOLD the said premises, with their appurtanxm unto the said Grantee, their heir and assigns forever. And the said Grantor does hereby covenant to and with the said Orantee, that It is the owner'tn fee simple of said premises; that said premises are free from all incumbrances and that it will wan -ant and defend the same from all lawful claims whatsoever. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duty adopted by the board of directors of the Grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the Grantor has caused Its corporate name and seal to be hereunto affixed by its duly authorized officers this day of , A.D. 96077669 ELITE HOMES, INC., AN IDAi(0 CORPORATION ADA CO. RECORDER (Corporate Name) (Corporate Seal) j, DAVID NAVARRO BOISE I D By president fi7EWART TITLE COMPANY Attest: '96 SEP 17P(� 3 secrecy State of IDAHO fEE E' County of ADA RE .0 'DAT TIIE rtEOUE T Of On this 16th day of Siaptember 1996 , before me, the undersigned, a Notary Public, in and for said State, personally appeared MXCHAEL RIGOS known to me, or identified to me on the basis of satisfactory evidence to be the of the corporation that executed the instrument and that the foregoing instrument wawa si ed on behalf of acrd corporation by authority of a resolution of it's board of directors and acknowledged to �pti�gi 4sSrFotatiorr\executed the same. `•��'9 r... ALL 4 t N WffNP.33 MY HAND AND OPPICIAL EL'AL, G pTORfs" = AU B L1Co • NotaryIle 100Re+WsfOing st: YCWA, ZDA,,����T? off 1pr�o f;(1111111ft1udl Pxplr61i KRy 091 1010 �rrrnrtrrrrr C i� _------- i --- CJ ------ ---�-' J K) x Ka 1 Cl_5 I 124 __ �IZON1' �L�VArt10N ��Myy5Y�T1����� J VV NVI I3t7lZM '►� 2 j 1016"X 919" 1 PINING RM B'2"X12'q" �0 6'6"X12' W.I. eO i �if115� DONU5 RM 19'3"X Wall � � O car RM _ 1�'lo"x 17' 10'6"X 9'I" ccK%Owft sracv 4&' CCW. V41" rL_CC)2 pL.AN 2 CAR aAPAG>; �./•� .�r / s ,.Nu,; 1,,,/. FPCISiDEN7'14 — —1 16 18U 12 1 13 1 14 n15 E. FEB 2 5 1998 ILO dos a cr 0 cr --]T 21 1 22 1 23 24 25 26 27 ,28 29 ENSCE DR. ) NO. 20 21 1 % . 23 N 25 16 10 14 26 �13 15 7 2 3 4 5 9 Z 13 7@ 10 12 'DR 11 12 2-9 6 IVGRES i NA 6 20, 21 22 0 5 29 32 4 7 8 N 10 8 30 1 33 3 4 5 6 it 3 E. EISEN ()WE D 12 13 14 2 15 35 1 27 7 6 2 6 . DR. 28 29 16 • 30 3 9 17 37 26 32 1838 4 -4 15 146 17 19 9 10 11 12 3 4 2 E. IAJ 20 9 35 39 2 Is 3 2 3 1 5 6 10 36 It 22 37 4 I 12 23 38 to 13 39 5 c 0 $ 0 14 24 6 25 24 23 22 2 20 19 • 18 17 16 1 25 1/CIA 7 DR. 6 A 9 12 13 14 1 2 3 4 5 /f 7 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on June 2, 1998, for the purpose of reviewing and considering the application of Tonya Webster for a conditional use permit for a group day care located in lot 9, block 8 of Crossroads Subdivision No. 3, Boise Meridian, Ada County, Idaho and which property is generally located at 3642 E. Eisenhower. A more particular legal description of the above property is o `File in the City Clerk's office at meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business.hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 13{h day of May, 1998. PUBLISH May 15 and May 29, 1998. k���1AAOf l;Ali l0 PPDPPP1b1p'1r1 SPAL r ** TX CONFIRMATI,<,i REPORT ** DATE TIME TO/FROM 25 05/13 10:24 20B 88B 1097 AS OF MAY 13 '9� -.J-25 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'29" 001 234 OK NOTICE OF HEARING NOTICE 1S HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on June 2, 1998, for the purpose of reviewing and considering the application of Tonya Webster for a conditional use permit for a group day care located in lot 9, block 8 of Crossroads Subdivision No. 3, Boise Meridian, Ada County, Idaho and which property is generally located at 3642 E. Eisenhower. A more particular legal description of the above property is o file in the City Clerk's office at meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business.hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 131" day of May, 1998. WILLIAM G. BERG, JR., CITY CLERK PUBLISH May 15 and May 29, 1998. FEB 2 5 1998 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on April 14, 1998, for the purpose of reviewing and considering the application of Tonya D. Webster, for a conditional use permit for a group day care located in lot 9, block 8 of Crossroads Subdivision No. 3, Boise Meridian, Ada County, Idaho, and which property is generally located at 3642 E. Eisenhower. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 16th of March, 1998. 15-7 WILLIAM G. BERG, JR., C ERK PUBLISH March 27 and April 10, 1998. `4``�``�t�tttt91i1f1tl��dd SWIL rr'Jriaas tit�ttt i ** TX CONFIRMATIu,! REPORT ** DATE TIME TO/FROM 19 03/16 11:45 208 888 1097 AS OF MAR 16 '9b 11;46 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'31" 001 061 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on April 14, 1998, for the purpose of reviewing and considering the application of Tonya D. Webster, for a conditional use permit for a group day care located in lot 9, block 8 of Crossroads Subdivision No, 3, Boise Meridian, Ada County, Idaho, and which property is generally located at 3642 E. Eisenhower. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 16th of March, 1998. WILLIAM G. BERG, JR., C ERK PUBLISH March 27 and April 10, 1998. V �:�. , SEAL - WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt, JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt, SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ( HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R.TOLSMA ff CHARLES M. ROUNTREE GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 MALCOLM MACCOY Legal Department (208) 884-4252 KEITH BORUP MARK NELSON ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 1998 TRANSMITTAL DATE: March 16, 1998 HEARING DATE: April 14, 1998 REQUEST: Conditional Use Permit for Group Dav Care BY: Tonva D. Webster LOCATION OF PROPERTY OR PROJECT: 3642 E. Eisenhower Drive JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT 'PHONE: ` - - GENERAL LOCATION: ` DESCRIPTION OF PROPOSED CONDITIONAL USE:J — ZONING CLASSIFICATION: .1- I certify that the information contained herein is true and correct. Signature o Applicant Social Security Number LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Corn-nission will hold a PubLc Hearing in the Meridian City Hall on _. at .—.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally described as located at SUBDIVISION, BLOCK , LOT TO for APPLICATION t CONDITIONAL USE APPLICATION 1. TONYA D. WEBSTER, 3642 E. EISENHOWER DR., MERIDIAN, ID,83642 PHONE (208) 895-8906. 2. OWNER OF SUBJECT PROPERTY, DAN AND TONYA WEBSTER, ADDRESS IS THE SAME AS ABOVE. 3. LEGAL DESCRIPTION OF PROPERTY IS, LOT 9, IN BLOCK 8 OF CROSSROADS SUBDIVISION NO. 3 4. PROOF OF OWNERSHIP OF SUBJECT PROPERTY (WARRANTY DEED); ENCLOSED 5. DESCRIPTION OF EXISTING USE; PRESENTLY USED AS FAMILY RESIDENCE 6. PRESENT USE OF SUBJECT PROPERTY; FAMILY RESIDENCE 7. PROPOSED USE OF THE SUBJECT PROPERTY; WOULD LIKE TO START GROUP DAY CARE 8. THE DISTRICT (PRESENT ZONING) THAT PERTAINS TO SUBJECT PROPERTY; IL 9. THIRTY COPIES OF A VICINITY MAP OF A SCALE OF ONE INCH EQUALS THREE HUNDRED FEET (1"=3001) ENCLOSED. 10. A PLAN (WITH A SCALE OF NOT LESS THAN 1"=50')OF THE PROPOSED SITE FOR THE CONDITIONAL USE SHOWING THE LOCATION OF ALL BUILDINGS, PARKING AND LOADING AREAS, TRAFFIC ACCESS AND TRAFFIC CIRCULATION, OPEN SPACES, LANDSCAPING, REFUSE AND SERVICE AREAS, UTILITIES, SIGNS AND YARD (35 COPIES) ALSO INCLUDE ONE 8 1/2 X 11" COPY OF SITE PLAN, ELEVATIONS AND LIST OF CONSTRUCTION MATERIALS FOR ALL BUILDINGS. (ENCLOSED) 11. A LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS WITHIN (30011) OF THE EXTERNAL BOUNDARIES OF THE LAND BEING CONCIDERED: ENCLOSED 12. CHARACTERISTICS OF SUBJECT PROPERTY WHICH MAKE A CONDITIONAL USE DESIRABLE; MINE IS A COMFORTABLE HOME WITH PLENTY OF SPACE FOR ACTIVITIES, IT IS A SINGLE LEVEL HOME SO THERE IS NO CHANCE OF STAIR ACCIDENTS, THERE IS A VERY LARGE ENCLOSED BACK YARD FOR PLAYING AND ACTIVITIES, TWO SPARE BEDROOMS WITH PLENTY OF NAPPING SPACE. 13. A FEE ESTABLISHED BY THE COUNCIL; $275.00 + $1.67 EACH FOR CERTIFIED Page 1 APPLICATION MAILINGS FOR EACH PROPERTY OWNER LISTED WITHIN THE 300 FEET=TOTAL FEE; ENCLOSED. 14. 1 THE APPLICANT TONYA D. WEBSTER, AGREE TO PAY ANY ADDITIONAL SEWER, WATER OR TRASH FEES OR CHARGES, IF ANY, ASSOCIATED WITH THE USE. 15. 1 THE APPLICANT TONYA D. WEBSTER, HAVE READ THE CONTENTS THEROF AND VERIFIES THAT THE INFORMATION CONTAINED THERIN IS TRUE AND CORRECT. 16. THE PROPERTY WILL BE POSTED 1 WEEK BEFORE THE HEARING STATING THEY HAVE (I HAVE APPLIED FOR A CONDITIONAL USE PERMIT OR ZONING) Page 2 I.. 1� Order No. 1033 � l This form fur, .d by Stewart Title Company of Idaho, Inc. t i S1,94U33 i CORPORATION � WARRANTY DEED ELITE HOMES, INC., AN IDAHO CORPORATION ,a corporation organized and existing under the laws of the State of , with its principal office at 8841 W RIVER BEACH LANEr BOISE, ID 83714.1812 grantor, hereby CONVEYS or GRANTS and WARRANTS TO DANIEL J. WEBSTER AND TONYA D. X"STXR, IMBBAND AND WZFI grantee whose current address is: 3641 E EIBENHOWER DRIVE, MERIDIAN, ID 83649 the following described premisa, to-wit: Yr LOT 9 IN BLOCK 8 01 CROSSROADS 808DMOXON N0. 3, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 71 01 PLATO AT PAGES '1310, RECORDS OF ADA COIINTY, IDAHO., TO HAVE AND TO HOLD the said premises, with their appurtartsom unto the said Grantee, their heirs and assigns forever. And the said Grantor does hereby covenant to and with the said (3rantee, that It is the owner In fee simple of said premises; that said premises are free from all incumbrances and that it will warrant and defend the same from all lawful claims whatsoever. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly held and attended by a quorum. in witness whereof, the Grantor has caused Its corporate name and seal to be hereunto affixed by Its duly authorized officers this day of , A.D. 96077669 ELITE HOMES, INC., AN IDAHO CORPORATION ADA 00. RECORDER (Corporate Name) (Corporate Seat) j• DAVID 11AVARRO By BOISE ID —President MWART TiTLE COMPANY Attest: ' `96 SEP V PM 3 Secretary state of IDAHO FEE _ DU) County of ADA RE .0 .0 hi TIIE REOUE T OF On this 16th day of September 1996 , before me, the undersigned, a Notary Public, In and for said State, personally appeared MICHAEL RIGGS known to me, or identified to me on the basis of satisfactory evidence to be the I<i of the corporation that executed the instrument and that the foregoing Instrument was it ed on behalf of said corporation by authority of a resolution of it's board of directors and acknowledged to'>Wtlt!gi��4yoratlor>;executed the same. ip wrrmw MY HAND AND 0171ICiAL 3111AL, G 4OTi#R i P B 1,1C e 4Nots Ile /Qn '" 4P 0000004, Rs+iding of', 1;t1WA, IDIXO '4. 71011 ip f ttmmbdnn RRphass May 04, %pop �rsrbstsntr I ' r—",KrX 10' J a Dt16M # 2 1 / PINING KM N 1016"X 9'9" 8'2"X12'1" KMOI B'6"X12' 1 �eo 1 1 tat -IRM "!5 10'6"X 9'1" G1MAT W 14110,,X 17' CONLWIE sroor 4a' COW. VV" Ll r-LOOt2. I'LL .rvw•�ris O M5M molzM M 13'X 1'x'5" 0 W.I. tl>ONU:5 RM 19' 3"X 1 I-05' B" 1 2 CAR COP,^C,e 1,�� 1 � ;• I I/•� ��/• �.' ►- , ;• fir/ , � ;- t TONYA WEBSTER CONDITIONAL USE PERMIT PROPERTY OWNERS WITHIN 300' R1618780050 THE HANOVER COMPANY, INC 1555 SHORELINE DR # 150 BOISE, ID 83702-9106 3610 E CONGRESSIONAL DR R1618780060 MOROPOULOS CRAIG P & MARLA C 3632 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1618780070 OTOOLE PATRICK W & MARY ANN 3654 CONGRESSIONAL MERIDIAN, ID 83642 R1618780040 ANDERSON LEONARD J & LADAWN 3592 E CONGRESSIONAL DR MERIDIAN, ID 83642 I •_: :11:1 PETSCHE LAVERN & BILLIE 3678 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1619780030 MITCHELL JAMEY A & MITCHELL MELISSA M 3578 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1618780090 HAMMONS KEVIN R 3690 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1618780020 TRACY SCOTT R & PAULA P 3556 E CONGRESSIONAL DR MERIDIAN, ID 83642 81618780100 NAPOLI KENNETH D & LAVON 3708 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1618780110 GUSTIN JOHN C & SCARLETT K 3722 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1618780300 YERBY RENE & VONDA 3635 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1618780290 YEHLE RAY D & CAROL J 3607 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1618780310 VIALPANDO JACOB C & LAURA L 3661 E CONGRESSIONAL DR I&A -141 It :r► It : .11 R1618780280 DA VALLE STEPHEN G & SUNCERRA K 3591 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1618780270 SEARLE STEVE M 3573 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1618780320 BUCKLAND WILLIAM R & HADDON VALERIE E 3689 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1618780250 LEISHMAN TROY C & MONICA 3537 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1618780260 ELDREDGE CHARLES J & SHEL A 3555 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1618780330 STOUT CHARLES F & JOANNE E 3703 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1618780340 LLEWELLYN PATRICIA 3717 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1618780350 SCHMIDT BETTY J 3729 E CONGRESSIONAL DR MERIDIAN, ID 83642 R1618760270 QUATTLEBAUM JAMES HOMER & BARBARA A 3618 E EISENHOWER DR MERIDIAN, ID 83642-6019 R1618760260 BLACKSTEAD INVESTMENTS INC 11760 W EXECUTIVE DR SUITE 120 BOISE, ID 83713 3604 E EISENHOWER DR R1618780140 VNUK JOHN J & DAWN M 3664 E EISENHOWER DR MERIDIAN, ID 83642 R1618760250 MCDONOUGH CASEY A 3582 E EISENHOWER DR MERIDIAN, 'ID 83642-6019 R1618780150 SAYER SCOTT J & JENNIFER 3686 E EISENHOWER DR MERIDIAN, ID 83642 R1618760240 ELLIS JAY W & JODY ANN 3566 E EISENHOWER DR MERIDIAN, ID 83642-6019 R1618760230 SUTTON SHAWN A & CARRIE M 3524 E EISENHOWER DR MERIDIAN, ID 83642-6019 R1618780160 STRICKLAND JANICE 3698 E EISENHOWER DR MERIDIAN, ID 83642 R1618780180 ZAHM KERMIT A AND ZAHM TYE F 3736 E EISENHOWER DR MERIDIAN, ID 83642 R1618780170 ENGLAND MYLES M & CHARLENE M 3718 E EISENHOWER DR MERIDIAN, ID 83642 R1618780360 HAYES MARCIA A 3643 E EISENHOWER DR MERIDIAN, ID 83642 R1618760280 DEWEZ PHILIPPE & MICHELLE 3621 E EISENHOWER DR MERIDIAN, ID 83642 R1618760290 TOLBERT WALTER D & TERESA L 262 STONECLIFFE AISLE IRVINE, CA 92612-5726 3 593 E EISENHOWER DR R1618780370 VNUK JOHN J & DAWN M 811 WILLZMDGGD EUGENE, OR 97401 3665 E EISENHOWER DR 81618760300 CARMONA HENRY AND SULEZ JAIME & MARIA 3577 E EISENHOWER DR MERIDIAN, ID 83642-6019 R1618760310 FRAAS DAVID L 3551 E EISENHOWER DR MERIDIAN, ID 83642-6019 81618780380 ANDERSON CRISTY M & MARK E 3687 E EISENHOWER DR MERIDIAN, ID 83642 R1618780390 CW CONSTRUCTION INC. 3701 E EISENHOWER DR MERIDIAN, ID 83642 R1618780400 PRITCHARD JAMES R & KARMA SUE 3725 EISENHOWER MERIDIAN, ID 83642 R1618760350 CROSSROADS NEIGHBORHOOD ASSOCIATION INC COMMUNITY MANAGEMENT 955 W BETHEL CT BOISE, ID 83709 E EISENHOWER DR R1618760280 DEWEZ PHILIPPE & MICHELLE 3621 E EISENHOWER DR MERIDIAN, ID 83642 R1618760420 CHAN KIN WA AND ZHU XIAO PING 201 1 ST ST IDAHO FALLS, ID 83401-3926 3612 E PRESIDENTIAL DR 81618760430 ERICKSON RICK A 3626 E PRESIDENTIAL DR MERIDIAN, ID 83642 R1618760410 WELTERS KENNETH P & DEBRA D 3588 E PRESIDENTIAL DR MERIDIAN, ID 83642 R1618770100 BENTLEY E DOUGLAS & LAURIE E 3654 E PRESIDENTIAL DR MERIDIAN, ID 83642-6032 R1618770110 BUZZA BONNIE W & DAVID T 3688 E PRESIDENTIAL DR MERIDIAN, ID 83642-6032 MERIDIAN CITY COUNCIL MEETING: JUNE 2 1998 APPLICANT: TONYAWEBSTER ITEM NUMBER: 11 REQUEST: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A HOME DAYCARE (6-12 CHILDREN) 3642 E. EISENHOWER AGENCY COMMENTS CITY CLERK: SEE ATTACHED FINDINGS FROM P & Z 5/12/98 SEE ATTACHED FINDINGS FROM P & Z CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Planning and Zoning Commission May 12, 1998 Page 8 Nelson: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the conditional use permit requested by the applicant for the property described in the application. Smith: Second. Johnson: All in favor then? Opposed? MOTION CARRIED: 3 yea, 2 nay. ITEM NO. 10: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A GROUP DAY CARE (6 TO 12 CHILDREN) BY TONYA WEBSTER — 3642 E. EISENHOWER. Johnson: Any comments, discussion, changes or additions to the Findings of Fact and Conclusions of Law as prepared? Smith: Mr. Chairman, my only comments have to do with the information on pages 10 and 11, item 10(b) regarding the fencing gates, locks for the outside play area and then item f which regards the fencing of the pool. I guess the only concern I have is that the way this is written that we're not — I'm sure the City Attorney has concerned this, but just the liability associated with — I'm real concerned about the pool in the back and that it's fenced properly, and I don't know what you can do short of putting up a 12 foot fence with razor wire at the top to keep the kids out, but I don't know, and then the fence locked gated area, play area on the outside. The concern I have is that in the event there's a fire or something inside the house and the play area doesn't allow the kids to get away from the house far away. Normally the fence is on the periphery of the property, but what if they move the fence closer to the house and define that as a play area and that's where the lock is. I don't know maybe I'm opening up — or bringing something up that shouldn't be an issue. Those would be the only concerns I would have on this item. MacCoy: I went to the site and talked to the people involved and actually witnessed the back, the fence that was being put in place at the time, and if you raise the question about the lock on the gate, that is a question that would entail everything we do with the care situation. You say that the lock on the gate should be high enough that a child cannot reach it. And you have the same problem whether it locked or unlocked. And if it's locked the fire department can enter with no problem at all. And as far as considering the fence is because the fencing is the property line and you're offering something else that I don't know what the solution would be. Planning and Zoning Commission May 12, 1998 Page 9 Smith: Well, it may not be an issue. I just didn't want to see us writing something in here that would give one of Mr. Prior's colleagues cause to sue the city. I just had to bring it up. It may be a non -issue, and I was just concerned. Prior: Are we back on the pool? MacCoy: We're back on the fence. Prior: P & Z Administrator Stiles distracted me here for a minute. MacCoy: Put that on the record. Prior: I do want that on the record so it doesn't sound like I'm any more of a moron than Chairman Johnson thinks I am. Johnson: Well if you wouldn't sulk so much you would listen to the conversation and you would know what's going on. Prior: Who's the one who can't keep the agenda going. I'm not even sure what we've accomplished tonight. Anyway, the issue with the fence. That's — Johnson: We're talking about the fence and the pool. Prior: Commissioner MacCoy makes a good point. Obviously the safety of the children is paramount. As far as the pool is concerned, I also had an opportunity to go out to the site and the pool is really a concern and the reason I've included in the Findings just so in the case of liability we've addressed it at least to some extent, but the Department of Health and Welfare will require Ms. Webster to tear that pool down if they deem that's a problem. We can require her to take it down as well, but the practical matter is that when Department of Health and Welfare licensing goes out there to do their inspection in order for her to obtain her license, if they think that pool is a problem, they are going to make her take it down. So it's a concern. I think I have addressed it appropriately in the Findings, I believe I have. It's up to Health and Welfare. I think they can make a further determination, and I think they are better suited to do that than this commission. Johnson: Thank you. Prior: Is that enough? Johnson: That's way too much. Smith: Works for me. Thank you. Planning and Zoning Commission May 12, 1998 Page 10 Prior: You're welcome. Johnson: Any comments Mr. Nelson on those two issues? Nelson: I have none. Johnson: Well, with that and no further discussion. What would you like to do? Smith: Mr. Chairman, I would like to make a motion that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusion of Law. MacCoy: Second. Johnson: Motion and second to approve the Findings of Fact and Conclusions of Law. ROLL CALL VOTE: Borup, aye. Smith, aye. Nelson, aye. MacCoy, aye. MOTION CARRIED: All ayes. Johnson: Recommendation to the City Council. Smith: Mr. Chairman, Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application. Borup: Second. Johnson: We have a motion and a second to pass that recommendation on to the City Council. All in favor? MOTION CARRIED: All ayes. ITEM NO, 11: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A SECOND BUILDING FOR A FUEL ISLAND BY ALBERTSON'S INC. SOUTHWEST CORNER OF W. CHERRY LANE AND TEN MILE ROAD. Johnson: Any discussion regarding these Findings of Fact and Conclusions of Law. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION TONYA D. WEBSTER CONDITIONAL USE PERMIT FOR GROUP DAY CARE 3642 E. EISENHOWER DRIVE CROSSROADS SUBDIVISION NO. 3 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing April 14, 1998, at the hour of 7:30 o'clock p.m., the Petitioner, Tonya Webster, appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 14, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 14, 1998, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. This property is located within the City of Meridian and the Applicant is the owner of the property; that the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. TONYA D. WEBSTER - GROUP DAY CARE currently zoned I -L Light Industrial. The Application stated the property is zoned I -L; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 A., Residential, Group Child Care Home is not listed as a conditional use in the I -L District. 3. The I -L, Light Industrial District is described in the Zoning Ordinance, 11-2-408 B. 14 as follows: (I -L) Light Industrial: The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 4. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." S. The property is located at CROSSROADS SUBDIVISION NO. 3, Lot 9, Block 8, which is zoned Light Industrial; that the land where Crossroads Subdivision is located is all zoned I -L but the land was also later given the right to be developed in a planned unit development fashion; that Crossroads Subdivision, an R-4 or R- 8 residential development was allowed to locate in the I -L zone even though residences are not permitted in the I -L zone. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. TONYA D. WEBSTER - GROUP DAY CARE 6. The Applicant wishes to operate a group day care for up to twelve (12) children in her home. 7. The Applicant, Tonya Webster was sworn in by the Assistant City Attorney. The Applicant testified that she would like to operate a day care for up to six or seven children between the ages of seventeen months and five years. 8. Chairman Johnson inquired as to whether the applicant had reviewed the letter from the Assistant to the City Engineer, Bruce Freckleton. Mrs. Webster noted that she had not received the letter from Bruce Freckleton. 9. Commissioner Maccoy noted that he been out to the site and had spoken to Mrs. Webster about the daycare center. Commissioner Maccoy inquired about the neighborhood's covenants and what were the neighbors' response to a daycare coming into the neighborhood. Mrs. Webster noted that she spoke with the neighbors next to her and behind and in front of her and none of them had a problem with her proposal. 10. Commissioner Maccoy noted that from his tour of the property there is a fenced yard and a gate to that fence. Mrs. Webster noted that the gate could be a lockable gate with the purchase of a deadbolt. Commissioner Maccoy requested that the Applicant discuss the status of the above ground pool in their backyard. Mrs. Webster stated "Well there's no way possible that a kid five years or below could get into that pool, I mean the pool stands five-foot high and a five year old stands 2-3 feet high you know, so its impossible, we do have a deck going in around the pool FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. TONYA D. WEBSTER - GROUP DAY CARE but it will be gated and locked and I was just told by Kasha, because the gal that was here before, that the health inspectors will tell me to take out the pool or completely fence it in before I can even get a license." 11. Commissioner Maccoy inquired about signage for the proposed daycare center. Mrs. Webster noted that there would not be a sign. Commissioner Maccoy inquired whether the business would care for any handicap children. Mrs. Webster noted that maybe kids with Down's Syndrome but that would be all. Commissioner Maccoy noted that there are state and federal laws that need to be met if there are going to be handicapped children on the premises. Commissioner Maccoy inquired about the hours of operation Mrs. Webster noted that the daycare would be open from 7:00 a.m. until 6:00 p.m. 12. Commissioner Nelson wanted a clarification on the number of children. Mrs. Webster noted that she would care for six or seven including her own. 13. Commissioner Smith inquired about the areas of the home being proposed for the daycare center. Mrs. Webster noted that she would use the kitchen, the dining room, the living room, two spare bedrooms and one bathroom. She noted that the master bedroom would be excluded and so would the bedroom by the laundry room. 14. The Assistant City Attorney swore in Mrs. Charlene England. She noted that she did not have a problem with the daycare on her street but she was concerned with the increase in traffic that may occur. FINDINGS OF FACT AND CONCLUSIONS OF LAN - Page 4. TONYA D. WEBSTER - GROUP DAY CARE 15. Commissioner Smith read from the A.C.H.D. report, which noted that a typical daycare generates an additional 4.65 vehicle trips per day per student. Commissioner Smith noted that you would then multiply the number of kids by that figure and that would tell how many additional trips would be generated. The Commissioners then went on to discuss in length what constitutes a trip. 16. Commissioner Nelson noted that the P& Z Commission has an obligation to promote alternative day care solutions and that traffic is only one factor to consider in making a.decision. 17. The Assistant City Attorney swore in Daniel Webster. He noted that the in ground pool is 52 inches in height. He stated "We've put a lot of design into this particular deck that's being built around the pool and rest assured that there is no way any children can get into this particular area." Commissioner Johnson inquired if the pool was a covered pool. Mr. Webster noted that it was a covered pool. 18. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full herein: off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; that outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D. 3.; that no signage shall be allowed; that sanitary sewer and water to the facility would be through existing service lines and plans for FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. TONYA D. WEBSTER - GROUP DAY CARE t sewer and water service will be reviewed to see if the additional load would justify additional assessments; that Applicant is to provide information with regard to anticipated water demand; that Applicant will be required to enter into an Assessment Agreement with the City prior to operation; that the use will be a commercial use and charged accordingly; that Zoning Certificate and Certificate of Occupancy for day care are required prior to operation; that screened trash enclosures are to be provided in accordance with City Ordinance; that the family child care home shall not adversely impact surrounding properties due to children's noise, traffic and other activities; that the Applicant will provide a copy of the daycare license from the Idaho Department of Health & Welfare; that the operators' licenses shall be available on the premises for inspection at all times; that the Applicant shall screen adjacent residential properties through landscaping and fencing to protect children from adverse impact and to provide a buffer between properties; that Applicant shall provide a fence of appropriate height/construction to enclose play areas; that if approved, the Applicant shall schedule an appointment with the Meridian Fire Department for inspection prior to operating; that without approval revocation of the conditional use permit will result; that violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. The conditional use Permit shall be subject to review upon notice to the applicant. 19. That the Meridian Fire Chief, Kenny Bowers, requires all FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. TONYA D. WEBSTER - GROUP DAY CARE codes be met. 20. The Ada County Highway District had the following comments: that this application would not be heard unless the site plan was changed to require A.C.H.D. Commission review; that all future design plans and construction will be in accordance with the ACHD's Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances, unless wavied in writing. 21. The Central District Health Department submitted comments which state that after written approval has been obtained from the appropriate entities they can approve for central sewage. They would require plans be submitted for a plan review for the day care center. 22. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statutes and ordinances, and of actual conditions existing within the City and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. TONYA D. WEBSTER - GROUP DAY CARE state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code. Pursuant to that section conditions minimizing adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities, may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. That the conditional use permit shall be treated as being conducted in an R-8 Residential District and not the Light Industrial District since the land is developed and used as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. TONYA D. WEBSTER GROUP DAY CARE residential subdivision. 8. 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements, a review of the facts presented, the conditions of the area, and assuming that the above conditions or similar ones thereto would be attached to the conditional use, - the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance requires a conditional use permit to allow the use; C. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic will increase some but not in a (subtantial)fashi.on substantially; that drop-off and pick-up shall be off the street and such should not be a problem. e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. TONYA D. WEBSTER - GROUP DAY CARE g. If the conditions stated below are met, the. use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. h. That sufficient parking for the proposed use will be required to meet the requirements of the City ordinance. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 9. It is recommended that the Conditional Use Permit be granted. 10. If the permit is granted conditions may be placed upon the granting of the conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The children, if outside, shall be maintained in the fenced area, as required below; b. There shall be fencing, gates and locks for the outside play area such that no children can leave the property without an adult unlocking and opening the gate to let the child or children out of the play area; no children shall be allowed outside of the play area or the home without an adult being present; the fence shall be maintained in good repair and the children, when outside, shall stay in the fenced area and the children shall not be allowed outside of the fenced area or the home, except for drop-off and pick-up times, and an adult shall be with them at all times if the child or children are waiting to be picked up; C. The Applicant shall meet the state of Idaho requirements for staff to children ratio; d. The Central District Health Department and the state of Idaho Department of Health and Welfare have requirements for day care operations and the Applicant shall meet those FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. TONYA D. WEBSTER - GROUP DAY CARE requirements of the Central District Health Department and the state of Idaho Department of Health and Welfare; e. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another parcel of property; f. The Applicant shall completely fence the above ground pool and shall maintain a lock on the pool gate and at no time shall the pool be used during the hours of operation of the day care center. g. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, and other governmental agencies submitting comments, which comments specifically include: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; 2. Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant shall provide any information that would aid the City in regards to the anticipated water demand. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 3. Zoning Certificate and Certificate of Occupancy for the daycare are required prior to operation. 4. The family child care home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 5. The Applicant shall secure and maintain a child care license from the 'Idaho State Department of Health and Welfare -Child Care Licensing Division and provide a copy thereof to the City of Meridian prior to operation. Operator's license shall be on- site for City inspection at all times. 6. The Applicant shall provide screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. 7. Applicant shall provide for a fence of appropriate height/construction, to enclose play areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. TONYA D. WEBSTER - GROUP DAY CARE 8. If the conditional use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without prior approvals will result in revocation of conditional use permit. 9. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. The Conditional use Permit shall be subject to review upon notice to the applicant. h. The conditional use should not be restricted to a period of authorization but may be reviewed, upon notice to the Applicant, for violation of any conditions imposed herein. 11. That there shall be no more than twelve (12) children cared for at the home throughout the day; that this number of children is arrived at from the total number of children cared for at the facility and not the number of children at the facility at one time. 12. The above -conditions are concluded to be reasonable and if the permit is granted the Applicant shall meet these conditions. 13. It is recommended that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. TONYA D. WEBSTER - GROUP DAY CARE ROLL CALL COMMISSIONER BORUP COMMISSIONER SMITH COMMISSIONER NELSON COMMISSIONER MACCOY CHAIRMAN JOHNSON (TIE BREAKER) RECOMMENDATION , VOTED VOTED VOTEDVEA . VOTED EA VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they ate the l�. Conditional Use Permit requested by the Applicant for the property � yell described in the application. MOTION: / APPROVED: L 4-29-98 - Final DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. TONYA D. WEBSTER - GROUP DAY CARE APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 2 �d day of �- 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) • • � �1/'„ter VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAVI( - (i ed, -&C b-12-- MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 12, 1998 APPLICANT: TONYA WEBSTER AGENDA ITEM NUMBER: 10 REQUEST: CONDITIONAL USE PERMIT FOR A HOME DAY CARE (6 TO 12 CHILDREN) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES FROM 4/14/98 SEE ATTACHED F F & C L BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNIl� AND ZONING APRIL 14, 1998 PAGE 57 Johnson: We have a motion and a simultaneous second to have the City Attorney prepare Findings of Fact and Conclusions of Law on -item #7. All in favor? Opposed? MOTION CARRIED: All aye. ITEM #8: PUBLIC HEARING: CONDITONAL USE PERMIT FOR A GROUP DAY CARE BY TONYA WEBSTER -- 3642 E. EISENHOWER: Johnson: I'll now open the public.hearing and ask the applicant or the applicant's representative to address the Commission and be sworn. Webster: My name is Tonya Webster, 3642 E. Eisenhower Drive. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Webster: I do. I want a conditional use permit for a daycare of up to six or seven kids between the ages of seventeen months and five years. Johnson: We have your application so we can just start by asking some questions, this might be a good way to start some dialogue. Have you seen the letter dated April 10th from our planning staff, Assistant Engineer, Freckleton, and Planning & Zoning Administrator, Stiles? Do you have a copy of that? Webster: I don't. Johnson: Well it was just done on the 10th that's why I asked that. There are nine items in here and I'll make mine available to you here so that you at least have that because I was going to ask you if you had seen that and if you had any difficulties with any of those items and I will relinquish the podium to someone else. Nelson: Mr. Chairman I'll pick it up from you Webster: Yeah, I have seen this. Johnson: You have seen that, okay. Then I will ask.you, did you have any problems with any of those requirements, suggestions? Webster: This was just mailed on April 10th? Johnson: Yes, it's date April 10tH Webster: Actually no, I have not received this letter. MERIDIAN PLANNF AND ZONING APRIL 14, 1998 PAGE 58 Johnson: Okay so you need a little time to look at it. Did you -have another question Malcolm? MacCoy: Yes, I was out at the site, in fact I've even talked to Tonya out there and she even gave me a tour so what about for the record your neighborhood covenants and your neighborhoods response to you running a daycare center. Webster: I've .talked to all the neighbors right next to me and behind me and in front of me and none of them have a problem with it. MacCoy: Okay, your yard is fenced and it does have a gate on it. Webster: My husband says that that can be a lockable gate all we need to do is buy a deadbolt. MacCoy: That's right, I've checked your locking system and that's all you need and you've got an above ground pool in your backyard, would you please state the condition of that. Webster: Well there's no way possible that a kid five years or below could get into that pool, I mean the pool stands five-foot high and a five year old stands 2-3 feet high you know so it's possible we do have a deck going in around the pool but it will be gated and locked and I was just told by Kasha because --the gal that was here before that the health inspectors will tell me to take out the pool or completely fence it in before I can even get a license. Prior: That's what state law requires, you have to fence it. Webster:. Yeah, and we're halfway there so — MacCoy: And I witnessed that (inaudible) it's almost — the gate's there it just hasn't been put on the hinges yet and you've got part of your fencing already up. Webster: Right. MacCoy: It's more like a four foot high pool by the — Webster: No, it's five-foot. MacCoy: It sure doesn't seem like it. Webster: 48 -inches, I'm sorry, 48 -inches, 4 -feet sorry. MacCoy: What do you plan for signage to announce what you're doing there? MERIDIAN PLANNI] , - AND ZONING APRIL 14, 1998 PAGE 59 Webster: I plan on using the Idaho Statesman for advertising. MacCoy: Okay, you're not planning on planting a sign — Webster: -- But I did have a sign stating what I wanted to do for my neighbors, and for passerby's, and I it got rained out so I need to put another one up. MacCoy: Well, okay, but you plan to not have a sign designed and planted in your front yard? Webster: Oh no, no. MacCoy: Alright, do you have any plans for handicapped children in your take? Webster: I do have experience with Down's Syndrome and I would take Down's Syndrome kids because I do have extensive experience with Down's Syndrome kids but that's all the further I've thought about that. MacCoy: Just a matter of statement to you about the handicapped is that there is a state and federal law that handles that if you end up having a child who is handicapped that you would have to meet that part of the requirements, if you don't plant to have them then don't worry about it. What's your hours of operation? Webster: Well I would plan to be open from 7:00 to 6:00, 7:00 in the morning. MacCoy: Okay, pass. Johnson: Anyone else, questions? Nelson: I have a question. Could you clarify the number of children — you mentioned around six and — Webster: I only plan to take six or seven including my own. Nelson: That's including yours for a total. Webster: Yes. Nelson: Thank you. Smith: I have one: What areas of the home are you planning on using for this daycare? MERIDIAN PLANNF, AND ZONING APRIL 14, 1998 PAGE 62 Prior: Everybody has more tact than you do for the record. These conditional use permits can be revoked and everybody understands that who's here today so if it gets to be an ongoing problem obviously the solution is.you try to work it out with — if it's approved — work it out with the person there but if its not and it gets to be an ongoing problem these things — you file a complaint and it goes before the City Council and they can hold a hearing whether they want to continue allowing that person to have that, so there is an option there at some point, okay? It's not deal with it. Johnson: And that last happened in 1810. I'm just kidding. Smith: Mr. Chairman, let me just read part of an ACHD report on this particular project, it might clarify for you what it's going to do to your traffic. "Each parent typically makes two round trips per day, four one-way trips, the Institute of Transportation Engineers data shows that a typical daycare created 4.65 vehicle trips per day per student". The proposed twelve student facility can be expected to generate 56 total vehicle trips per day and she's said that she doesn't want to have twelve so it would be less than 56, so four times however many kids gets you an idea according to ACHD and if some of those kids are her kids then that would be even less. Johnson: Or if two kids come together in the same car. Borup: And I really question how many parents make four trips a day. Johnson: A trip is I think by the Highway Dept. is you go and you drop your child off and — Borup: They're saying two round trips so apparently they expect the parents to rush over there at lunch time and check on their kids every day. Johnson: Could be. Smith: Two round trips, one in the morning to drop them off, one at night to pick them up. Four one way trips, one way in one way out twice. Sounds bad but — Borup: I think what the Commission's saying to the individual up here is yeah there's going to be traffic unless you propose the children being dropped off at Eagle Road and walking in, so the cars are going to be there. Nelson: Can I make a comment? It's kind of the obligation I think of this Board to provide alternative daycare solutions if we're going to approve subdivisions and — I think it's a good thing that wa allow some in-house daycares and should almost encourage it rather than lots of industrial sized daycares but yes that does promote the traffic locally. The assumption is that there's only the same number MERIDIAN PLANNIF AND ZONING APRIL 14, 1998 PAGE 63 of kids in Meridian regardless of whether they drive through your neighborhood on the way to a big daycare or stop on the way. I don't think traffic really is going to be an issue. Johnson: Okay- I feel better now. Borup: Obviously one factor would be how many of the people are living in the subdivision already and how many are coming from outside the subdivision. Johnson: Anybody else since we've hit the traffic issue pretty good. Yes Sir, you need to be sworn. Webster, D.: Daniel J. Webster, 3642 E. Eisenhower Drive. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Webster, D.: Yes I do, thank you. Gentlemen this pool is 52 inches, I would like to have you correct your paper work, it's not 48, it is 52 inches though just to — that's four more inches than 48 standard so — Prior: I feel better, I feel a lot better. Webster, D.: -- yes, we've got to put a lot of design into this particular deck that's being built around the pool and rest assured that there is no way any children can get into this particular area. Johnson: Is that a covered pool? Webster, D.: Yes it is sir, yes it is a covered pool. Johnson: Any questions of Mr. Webster? Thank you, anyone else? Anybody else here for this application? If not then I'll close the public hearing at this time. This would require Findings of Fact and Conclusions of Law for the conditional use permit by Tonya Webster. MacCoy: Chairman I recommend that we give to the Counselor the duty to prepare Findings of Fact and Conclusions of Law for this item. Johnson: Are you just going to recommend it or are you going to instruct him to do it? MacCoy: I want to instruct you to do it. Nelson: Second. MERIDIAN PLANNf AND ZONING APRIL 14, 1998 PAGE 64 Johnson: We have a motion and a second to have the CityAttorney prepare Findings of Fact and Conclusions of Law. All in favor? Opposed? MOTION CARRIED: All aye. ITEM #9: PUBLIC HEARING: PRELIMINARY PLAT FOR ENGLEWOOD CREEK ESTATES SUBDIVISION NO.2 BY ENGLEWOOD DEVELOPMENT CORP. — WEST OF TEN MILE ROAD AND Y4 MILE SOUTH OF USTICK ROAD: Johnson: I'll now open this public hearing and invite the applicant or the applicant's representative to address the Commission and be sworn. Tomlinson: My name is Richard Tomlinson I work with Hubble Engineering, 9,550 Bethel Court, Boise, Idaho. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Tomlinson: I do. Prior: Proceed. Tomlinson: I'm hereon behalf of the developer, it's for Englewood Creek Estates Subdivision No.2, its a 49 lot subdivision on 15'/ acres, it's apparently in the R- 4 zone and I think we meet all of those — meet all of the requirements in that zone and also we agree with the recommendations and.comments that the staff has brought up for the subdivision except for site specific comment number six which is to dedicate a twenty foot lot — Johnson: I think you responded to those in writing didn't you? Tomlinson: I did, and at the time we had agreed with it and I have spoken with the Public Works Department since then as to maybe some other way we can deal with the sewer line being brought in between lots 12 & 13 of block 4 there and we would put in a twenty foot exclusive easement. The twenty foot easement would be entirely on one lot so there wouldn't be a fence down the middle or over the sewer line so there would be adequate area there to get in and do any repairs necessary. Johnson: Okay any questions of Mr. Tomlinson? Commissioner Borup? Borup: Item #7 on .the flood plain, is this area being affected by flood plains differently than others? BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION TONYA D. WEBSTER CONDITIONAL USE PERMIT FOR GROUP DAY CARE 3642 E. EISENHOWER DRIVE CROSSROADS SUBDIVISION NO. 3 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing April 14, 1998, at the hour of 7:30 o'clock p.m., the Petitioner, Tonya Webster, appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 14, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 14, 1998, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. This property is located within the City of Meridian and the Applicant is the owner of the property; that the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. TONYA D. WEBSTER - GROUP DAY CARE currently zoned I -L Light Industrial. The Application stated the property is zoned I -L; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 A., Residential, Group Child Care Home is not listed as a conditional use in the I -L District. 3. The I -L, Light Industrial District is described in the Zoning Ordinance, 11-2-408 B. 14 as follows: (I -L) Light Industrial: The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 4. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 5. The property is located at CROSSROADS SUBDIVISION NO. 3, Lot 9, Block 8, which is zoned Light Industrial; that the land where Crossroads Subdivision is located is all zoned I -L but the land was also later given the right to be developed in a planned unit development fashion; that Crossroads Subdivision, an R-4 or R- 8 residential development was allowed to locate in the I -L zone even though residences are not permitted in the I -L zone. FINDINGS OF FACT ,AND CONCLUSIONS OF LAW - Page 2. TONYA D. WEBSTER - GROUP DAY CARE 6. The Applicant wishes to operate a group day care for up to twelve (12) children in her home. 7. The Applicant, Tonya Webster was sworn in by the Assistant City Attorney. The Applicant testified that she would like to operate a day care for up to six or seven children between the ages of seventeen months and five years. 8. Chairman Johnson inquired as to whether the applicant had reviewed the letter from the Assistant to the City Engineer, Bruce Freckleton. Mrs. Webster noted that she had not received the letter from Bruce Freckleton. 9. Commissioner Maccoy noted that he been out to the site and had spoken to Mrs. Webster about the daycare center. Commissioner Maccoy inquired about the neighborhood's covenants and what were the neighbors' response to a daycare coming into the neighborhood. Mrs. Webster noted that she spoke with the neighbors next to her and behind and in front of her and none of them had a problem with her proposal. 10. Commissioner Maccoy noted that from his tour of the property there is a fenced yard and a gate to that fence. Mrs. Webster noted that the gate could be a lockable gate with the purchase of a deadbolt. Commissioner Maccoy requested that the Applicant discuss the status of the above ground pool in their backyard. Mrs. Webster stated "Well there's no way possible that a kid five years or below could get into that pool, I mean the pool stands five-foot high and a five year old stands 2-3 feet high you know, so its impossible, we do have a deck going in around the pool FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. TONYA D. WEBSTER - GROUP DAY CARE but it will be gated and locked and I was just told by Kasha, because the gal that was here before, that the health inspectors will tell me to take out the pool or completely fence it in before I can even get a license." 11. Commissioner Maccoy inquired about signage for the proposed daycare center. Mrs. Webster noted that there would not be a sign. Commissioner Maccoy inquired whether the business would care for any handicap children. Mrs. Webster noted that maybe kids with Down's Syndrome but that would be all. Commissioner Maccoy noted that there are state and federal laws that need to be met if there are going to be handicapped children on the premises. Commissioner Maccoy inquired about the hours of operation Mrs. Webster noted that the daycare would be open from 7:00 a.m. until 6:00 p.m. 12. Commissioner Nelson wanted a clarification on the number of children. Mrs. Webster noted that she would care for six or seven including her own. 13. Commissioner Smith inquired about the areas of the home being proposed for the daycare center. Mrs. Webster noted that she would use the kitchen, the dining room, the living room, two spare bedrooms and one bathroom. She noted that the master bedroom would be excluded and so would the bedroom by the laundry room. 14. The Assistant City Attorney swore in Mrs. Charlene England. She noted that she did not have a problem with the daycare on her street but she was concerned with the increase in traffic that may occur. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. TONYA D. WEBSTER - GROUP DAY CARE 15. Commissioner Smith read from the A.C.H.D. report, which noted that a typical daycare generates an additional 4.65 vehicle trips per day per student. Commissioner Smith noted that you would then multiply the number of kids by that figure and that would tell how many additional trips would be generated. The Commissioners then went on to discuss in length what constitutes a trip. 16. Commissioner Nelson noted that the P& Z Commission has an obligation to promote alternative day care solutions and that traffic is only one factor to consider in making a.decision. 17. The Assistant City Attorney swore in Daniel Webster. He noted that the in ground pool is 52 inches in height. He stated "We've put a lot of design into this particular deck that's being built around the pool and rest assured that there is no way any children can get into this particular area." Commissioner Johnson inquired if the pool was a covered pool. Mr. Webster noted that it was a covered pool. 18. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full herein: off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; that outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D. 3.; that no signage shall be allowed; that sanitary sewer and water to the facility would be through existing service lines and plans for FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. TONYA D. WEBSTER - GROUP DAY CARE sewer and water service will be reviewed to see if the additional load would justify additional assessments; that Applicant is to provide information, with regard to anticipated water demand; that Applicant will be required to enter into an Assessment Agreement with the City prior to operation; that the use will be a commercial use and charged accordingly; that Zoning Certificate and Certificate of Occupancy for day care are required prior to operation; that screened trash enclosures are to be provided in accordance with City Ordinance; that the family child care home shall not adversely impact surrounding properties due to children's noise, traffic and other activities; that the Applicant will provide a copy of the daycare license from the Idaho Department of Health & Welfare; that the operators' licenses shall be available on the premises for inspection at all times; that the Applicant shall screen adjacent residential properties through landscaping and fencing to protect children from adverse impact and to provide a buffer between properties; that Applicant shall provide a fence of appropriate height/construction to enclose play areas; that if approved, the Applicant shall schedule an appointment with the Meridian Fire Department for inspection prior to operating; that without approval revocation of the conditional use permit will result; that violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. The conditional use Permit shall be subject to review upon notice to the applicant. 19. That the Meridian Fire Chief, Kenny Bowers, requires all FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. TONYA D. WEBSTER - GROUP DAY CARE codes be met. 20. The Ada County Highway District had the following comments: that this application would not be heard unless the site plan was changed to require A.C.H.D. Commission review; that all future design plans and construction will be in accordance with the ACHD's Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances, unless wavied in writing. 21. The Central District Health Department submitted comments which state that after written approval has been obtained from the appropriate entities they can approve for central sewage. They would require plans be submitted for a plan review for the day care center. 22. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67--6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statutes and ordinances, and of actual conditions existing within the City and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. TONYA D. WEBSTER - GROUP DAY CARE k state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code. Pursuant to that section conditions minimizing adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities, may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. That the conditional use permit shall be treated as being conducted in an R-8 Residential District and not the Light Industrial District since the land is developed and used as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. TONYA D. WEBSTER - GROUP DAY CARE residential subdivision. 8. 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements, a review of the facts presented, the conditions of the area, and assuming that the above conditions or similar ones thereto would be attached to the conditional use, •the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance requires a conditional use permit to allow the use; C. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic will increase some but not in a (subtantial)fashion substantially; that drop-off and pick-up shall be off the street and such should not be a problem. e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; FINDI14GS OF FACT AND CONCLUSIONS OF LAW - Page 9. TONYA D. WEBSTER - GROUP DAY CARE g. If the conditions stated below are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. h. That sufficient parking for the proposed use will be required to meet the requirements of the City ordinance. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 9. It is recommended that the Conditional Use Permit be granted. 10. If the permit is granted conditions may be placed upon the granting of the conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The children, if outside, shall be maintained in the fenced area, as required below; b. There shall be fencing, gates and locks for the outside play area such that no children can leave the property without an adult unlocking and opening the gate to let the child or children out of the play area; no children shall be allowed outside of the play area or the home without an adult being present; the fence shall be maintained in good repair and the children, when outside, shall stay in the fenced area and the children shall not be allowed outside of the fenced area or the home, except for drop-off and pick-up times, and an adult shall be with them at all times if the child or children are waiting to be picked up; C. The Applicant shall meet the state of Idaho requirements for staff to children ratio; d. The Central District Health Department and the state of Idaho Department of Health and Welfare have requirements for day care operations and the Applicant shall meet those FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. TONYA D. WEBSTER - GROUP DAY CARE t requirements of the Central District Health Department and the state of Idaho Department of Health and Welfare; e. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another parcel of property; f. The Applicant shall completely fence the above ground pool and shall maintain a lock on the pool gate and at no time shall the pool be used during the hours of operation of the day care center. g. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, and other governmental agencies submitting comments, which comments specifically include: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; 2. Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant shall provide any information that would aid the City in regards to the anticipated water demand. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 3. Zoning Certificate and Certificate of Occupancy for the daycare are required prior to operation. 4. The family child care home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 5. The Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare -Child Care Licensing Division and provide a copy thereof to the City of Meridian prior to operation. Operator's license shall be on- site for City inspection at all times. 6. The Applicant Shall provide screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. 7. Applicant shall provide for a fence of appropriate height/construction, to enclose play areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. TONYA D. WEBSTER - GROUP DAY CARE ri 8. If the conditional use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without prior approvals will result in revocation of conditional use permit. 9. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. The Conditional use Permit shall be subject to review upon notice to the applicant. h. The conditional use should not be restricted to a period of authorization but may be reviewed, upon notice to the Applicant, for violation of any conditions imposed herein. 11. That there shall be no more than twelve (12) children cared for at the home throughout the day; that this number of children is arrived at from the total number of children cared for at the facility and not the number of children at the facility at one time. 12. The above -conditions are concluded to be reasonable and if the permit is granted the Applicant shall meet these conditions. 13. It is recommended that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. FINDINGS OF FACT ARID CONCLUSIONS OF LAW - Page 12. TONYA D. WEBSTER - GROUP DAY CARE P ROLL CALL COMMISSIONER BORUP COMMISSIONER SMITH COMMISSIONER NELSON COMMISSIONER MACCOY CHAIRMAN JOHNSON (TIE BREAKER) RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they the Conditional Use Permit requested by the Applicant for the property '� V,/ -s described in the ap lication. MOTION: APPROVED: 4-29-98 - Final, DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. TONYA D. WEBSTER - GROUP DAY CARE W `V VOTED VOTED �AT VOTED VF VOTED VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they the Conditional Use Permit requested by the Applicant for the property '� V,/ -s described in the ap lication. MOTION: APPROVED: 4-29-98 - Final, DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. TONYA D. WEBSTER - GROUP DAY CARE MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 14 1998 APPLICANT: TONYA WEBSTER AGENDA ITEM NUMBER: 8 REQUEST: CONDITIONAL USE PERMIT FOR A GROUP DAY CARE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: 1 BUREAU OF RECLAMATION: OTHER: REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. 25 March 1998 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2R"ftkMXX 208-463-0183 RE: Conditional Use Permit for Group Daycare - Tonya D. Webster Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 X xx)(W)d)M;kx SHOP: Nampa 466-0663 XB XXX)(*) 4xxx The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office Water Superintendent t CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT P,ff=DEPARTMENT Environmental Health Division �:� � rt Return to: F-1 Boise / �* . ❑ Eagle Rezone # �8� z ❑ Garden City Conditional Use #yr �A y C `�/,� Meridian ❑ Kuna Preliminary / Final / Short Plat ❑ ACZ _ ❑ I . We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil 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: Ocentral sewage ❑ community sewage system ❑ community water well ❑ interim sewage Jil 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. ❑ I I . This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. ❑ 14. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 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 Date: / 1/ 2 Reviewed By; C00 10/91 rcb, rev. 1/91 Review Sheet SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: MCU -09-98 3642 Eisenhower Drive MAR 31 1998 cil-I3' OF MERIDIAN March 25, 1998 The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission review. However, ACHD receives many calls from neighbors of day care centers 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 care created 4.65 vehicle trips per day per student. The proposed 12 student facility can be expected to generate 56 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 please feel free to call me at 387-6170. Sincerely, Steve Arnold Senior Development Analyst cc: Project file Chron file ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 387-6100 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning $ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 1998 TRANSMITTAL DATE: March 16, 1998 HEARING DATE: April 14, 1998 REQUEST: Conditional Use Permit for Group Dav Care BY: Tonva D. Webster LOCATION OF PROPERTY OR PROJECT: 3642 E. Eisenhower Drive JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT _ BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT PPA q �. WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY t A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 1998 TRANSMITTAL DATE: March 16, 1998 HEARING DATE: April 14, 1998 REQUEST: Conditional Use Permit for Group Dav Care BY: Tonva D. Webster LOCATION OF PROPERTY OR PROJECT: 3642 E. Eisenhower Drive JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MAR 18 9 7 OF MERILINN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION PRELIM & FINAL PLAT) IDAHO TRANSPORTATION P MENT YOUR CONCISE REMARKS: C�i �- WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY k COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C HARLES M. GLENN R. BENTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & z cOMMIssION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 MALCOLM MACCOY Legal Department (208) 884-4252 KEITH BORUP MARK NELSON ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 1998 TRANSMITTAL DATE: March 16, 1998 HEARING DATE: April 14, 1998 REQUEST: Conditional Use Permit for Grow Dav Care BY: Tonva D. Webster LOCATION OF PROPERTY OR PROJECT: 3642 E. Eisenhower Drive JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES Lim EMAR 17 1998 C 1,T € F MERIDUN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: 6 LL 110#04J' tis ; L(- AJ J V. y. c� lnw_;�- %��I-Lil�9 HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 53642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 ® Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD -4, (268) 884-5533 APR MEMORANDUM: A 1998 April 10, 1998 CITE" OF MERIDWN To: Planning & Zoning Commission From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator Re: REQUEST FOR CONDITIONAL USE PERMIT FOR A GROUP DAY CARE (6-12 Children) at 3642 Eisenhower Drive (CROSSROADS SUB. NO. 3), by Tonya Webster We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments . Please provide any information that you may have with regard to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 3. Zoning Certificate and Certificate of Occupancy for the daycare are required prior to operation. 4. The family child care home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 5. Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare -Child Care Licensing Division. Provide copy of license to the City of Meridian. Operators' license shall be on-site for City inspection at all times. Webster.CUP Mayor, Council and P&Z April 10, 1998 Page 2 6. Applicant shall provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. 7. Applicant shall provide for a fence of appropriate height/construction, to enclose play areas. 8. If the conditional use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals will result in revocation of conditional use permit. 9. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. The Conditional Use Permit shall be subject to review upon notice to the applicant. Webster.CUP WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 1998 TRANSMITTAL DATE: March 16. 1998 HEARING DATE: April 14, 1998 REQUEST: Conditional Use Permit for Group Day Care BY: Tonva D. Webster LOCATION OF PROPERTY OR PROJECT: 3642 E. Eisenhower Drive JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: '.�.. .I.... i.. �.. .! ._i':.. J'...�. �.... .. .. .'... �.Jar.-.. '..y r....:.. v.. wl 1. a..+"5,. .r .... .. .. .. _. . 1 P CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT lot GENERAL LOCATION: 3&m.e_ DESCRIPTION OF PROPOSED CONDITIONAL USE: C_7C'Cl l__�)cx�'i o're_ ZONING CLASSIFICATION: L L I certify that the information contained herein is true and correct. . � ov"14— Signature o Applicant Social Security Number�'� LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission Mill hold a Public Hearing in the Meridian City Hall on at ._.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally described as located at SUBDIVISION, BLOCK , LOT WE for APPLICATION'" CONDITIONAL USE APPLICATION 1. TONYA D. WEBSTER, 3.642 E. EISENHOWER DR., MERIDIAN, ID,83642 PHONE (208) 895-8906. 2. OWNER OF SUBJECT PROPERTY, DAN AND TONYA WEBSTER, ADDRESS IS THE SAME AS ABOVE. 3. LEGAL DESCRIPTION OF PROPERTY IS, LOT 9, IN BLOCK 8 OF CROSSROADS SUBDIVISION NO. 3 4. PROOF OF OWNERSHIP OF SUBJECT PROPERTY (WARRANTY DEED); ENCLOSED 5. DESCRIPTION OF EXISTING USE; PRESENTLY USED AS FAMILY RESIDENCE 6. PRESENT USE OF SUBJECT PROPERTY; FAMILY RESIDENCE 7. PROPOSED USE OF THE SUBJECT PROPERTY; WOULD LIKE TO START GROUP DAY CARE 8. THE DISTRICT (PRESENT ZONING) THAT PERTAINS TO SUBJECT PROPERTY; IL 9. THIRTY COPIES OF A VICINITY MAP OF A SCALE OF ONE INCH EQUALS THREE HUNDRED FEET (1"=3001) ENCLOSED. 10. A PLAN (WITH A SCALE OF NOT LESS THAN 1"=50')OF THE PROPOSED SITE FOR THE CONDITIONAL USE SHOWING THE LOCATION OF ALL BUILDINGS, PARKING AND LOADING AREAS, TRAFFIC ACCESS AND TRAFFIC CIRCULATION, OPEN SPACES, LANDSCAPING, REFUSE AND SERVICE AREAS, UTILITIES, SIGNS AND YARD (35 COPIES) ALSO INCLUDE ONE 8 1/2 X 11" COPY OF SITE PLAN, ELEVATIONS AND LIST OF CONSTRUCTION MATERIALS FOR ALL BUILDINGS. (ENCLOSED) 11. A LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS WITHIN (30011) OF THE EXTERNAL BOUNDARIES OF THE LAND BEING CONCIDERED: ENCLOSED 12. CHARACTERISTICS OF SUBJECT PROPERTY WHICH MAKE A CONDITIONAL USE DESIRABLE; MINE IS A COMFORTABLE HOME WITH PLENTY OF SPACE FOR ACTIVITIES, IT IS A SINGLE LEVEL HOME SO THERE IS NO CHANCE OF STAIR ACCIDENTS, THERE IS A VERY LARGE ENCLOSED BACK YARD FOR PLAYING AND ACTIVITIES, TWO SPARE BEDROOMS WITH PLENTY OF NAPPING SPACE. 13. A FEE ESTABLISHED BY THE COUNCIL; $275.00 + $1.67 EACH FOR CERTIFIED Page 1 APPLICATION MAILINGS FOR EACH PROPERTY OWNER LISTED WITHIN THE 300 FEET=TOTAL FEE; ENCLOSED. 14. I THE APPLICANT TONYA D. WEBSTER, AGREE TO PAY ANY ADDITIONAL SEWER, WATER OR TRASH FEES OR CHARGES, IF ANY, ASSOCIA`TE�D WITH THE USE. 15. I THE APPLICANT TONYA D. WEBSTER, HAVE READ THE CONTENTS THEROF AND VERIFIES THAT THE INFORMATION CONTAINED THERIN ISTRUEAND CORRECT. Jo 16. THE PROPERTY WILL BE POSTED 1 WEEK BEFORE THE HEARING STATING THEY HAVE (I HAVE APPLIED FOR A CONDITIONAL USE PERMIT OR ZONING) Page 2 Order No, f" _ 7033 This form h A by Stewart Title Company of Idaho, Inc. u33 CORPORATION WARRANTY DEED ELITE HONES, INC., AN IDAHO CORPORATION ,a corporation organized and eximing under the laws of the State of , with ill principal office at 8841 N RIVER BEACH LANE, BOISE, ID 83714.1812 grantor, herby CONVEYS or GRANTS and WARRANTS TO DANIEL J. NEBOTER AND TONYA D. MMOTER, HUDBAND AND WXYX grantee whose current address Is: 3642 E EISENHOWER DRIVE, HIRIDIAN, SD 83642 "y the following described premises. to -wit: �1 LOT 9 IN BLOCK 8 01 CROSSROADS SUBDIVISION N0. 3, ACCORDING TO THE OYFXCIAL PLAT Tmmor, PILED IN BOOK 71 07 PLATS AT PAGES 7320, RECORDS Of ADA COUNTY, IDAHO., TO HAVE AND TO HOLD the said premises, with their appurtuwxxs unto the said Grantee, their helm and assigns forever. And the said Grantor does herby covenant to and with the said Grantee, that it Is the owner In fee simple of said premises; that said premises are free from all incumbrances and that it will warrant and defend the same from all lawful clalrm whatsoever. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duty authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duty held and attended by a quorum. In witness whereof, the Grantor has caused Its corporate name and seal to be hereunto affixed by its duly authorized officers this day of , A.D. 96077669 ELITE HONES, INC., AN IDAItO CORPORATION ' ADA CO. RECORDER (Corporate Name) (Corporate Sal) J. DAVID ItAVARRO BOISE ID Ey President PTkWARTTME COMPANY '96 SEP 17 PPl 3 Attest: secretary State of IDAHO FEE _ Dl f' County of ADA RE .0 'tl !.T THE REOUE T OF On this 16th day of Soptamtb•r 1996 , before me. the undersigned, a Notary Public, In and for said State, personally appeared MICHAEL RIGGS known to me, or identified to me one basis of satisfactory evidence to be the 1DQV'i ' of the corporation that executed the instrument and that the foregoing instrument wassi ed on behalf of said corporation by authority of a resolution of Its board of directors and acknowledged to >RptfY�l'�oMiToratioNexecuted the same. t /'10 jP WaNBS MY HAND AND OPPICIAL fSHAL, �OT��A�1_ AU B L1C •, Notary IIC r,I�'4f'! R40410g ab %(MA, IDAHOT� 0P it GmtniuNnt Rxplrs�s MAY 090 3000 �arr1rsit1s mn�.. KYX Dt71ZM #f 2 r J X 1 1016"X 9'9" MINING RM I 8'2"X 12'q" UD KI-M�VN (v O 8'6"X 12' PVIZM "-*� 1016"X 911" CDMAT KM Ilf'10"X 17, IQ co"twif xa» +c' COW. W" I I I I MSIR � IRM 13'X12'5" ;�-]o i W.I. i 'T�t11 a+M�%IM�tJ 1 BONUS RM i I i I jI I 2 CAK GNB i t i I .� FLOOt2 PLAN �n w •ori♦ �.- _ �.--- ��, castor ww� h�rrw w rw ��•� ms's,►-r►���•e��►sa.�►®-_. - i If i FEB 2 5 1998 FPESIDEN7"1A a o S E 0 LU a 3 16 17 18 19 20 21 22 23 24 25 26 '27' 28 29 1 12 13 14 15 © Z E. pFLQRENcCE DR. 11 17 ,g ,9 0 21 23 16 10 14 15 16 26 15 t3 9 7 7 14 5 9 Z 13 2 3 4 7 © AL �R' l0 11 12 28 12 6 I. CONGRES I N z /R� u 5 20 21 22 29 32 y B 30 31 G� 4 2 3 4 5 f, 7 8 ip II 33 G(f1 3D 12 13 , E, EISENHOWE 14 7 2 15 35 Q� 7 B 2 I 27 16 6 28 29 \11 . 30 3 9 17 37 5 / 8 ���.. 32 le 38 ( 4 \ 13 140 i 1 7 3 19 9 10 11 12 9 3 2 E ' I IAL D 20 9 4 39 R 35 2 i 6 7 8 9 21 36 5 3 2 3 0 5 1 10 I 22 37 9 1 4 1 I 12 23 38O LL /n 13 39 �n /1? Z' 5 C 14 0 $ 0 24 )0 6 25 24 23 22 21 20 19 16 17 16 15 25 E JUDICIA �f 7 DR. 6 H 12 a 14 ,. 1 2 3 4 5 //7 .J