Jones, Lynn CUPa*
L ~' ('i°C
GLENN J. RHODES. President
SHERRY R. HUBER, Vice President
JAMES E. BRUCE, Secretary
January 5, 1995
T0.
LYNN JONES
3660 S. COLE
BOISE ID 83709
FROM: Karen Gallag for
Development S
SUBJECT: MERIDIAN CU - COUGAR CREEK DAY CARE
Your application for the above referenced project was acted on by
the Commissioners of the Ada County Highway District on January 4,
1995. The attached staff report lists the conditions of approval
and street improvements which are required.
If you have any questions, please feel free to call me at 345-7680.
LS
cc: Development Services
Chron
MERIDIAN CITY HALL
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208 345-7680
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GLENN J. RHODES, President
SHERRY R. HUBER, Vice President
JAMES E. BRUCE, Secretary
T0: ACHD Commission
INTER-DEPARTMENT
CORRESPONDENCE
JONES.CU/DSTECH
01-04-95
DATE: December 30, 1994
FROM: Development Services
SUBJECT: Conditional Use
(Applicant - Lynn
(Representative -
ID 83704)
Cougar Creek Day Care
Jones, 3660 S. Cole, Boise ID 83709)
Larry Stoker, 3175 N. Cole Road, Boise
FACTS & FINDINGS:
1. The applicant is requesting approval of a conditional use
permit for a day care facility for up to 12 children in a
single family home. The site is located on the southwest
corner of Cougar Creek Drive and Locust Grove Road, Lot 2,
Block 2, Cougar Creek Subdivision.
2. GENERAL INFORMATION:
ACRES - 0.25
SQUARE FEET OF PROJECTED BUILDING - 1350
ZONING - Residential - R-8
ESTIMATED VEHICLE TRIPS PER DAY - 55
TRAFFIC ANALYSIS ZONE - 270
L.F. OF FRONTAGE ON Cougar Creek Drive - 68-feet
FUNCTIONAL CLASS MAP DESIGNATLON - Local
ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown
EXISTING RIGHT-OF-WAY - 50-feet
REQUIRED RIGHT-OF-WAY - No additional. right-of-way required
Cougar Creek Drive is improved to a 32-foot street section
with 5-foot sidewalks and a raised median at the entry to
Cougar Creek.
IMPACT FEE BENEFIT ZONE - West Ada
IMPACT FEE ASSESSMENT DISTRICT - Western Cities
3. The site is located at the southwest corner of Locust Grove
and Cougar Creek Drive. The site is separated from Locust Road
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
.' CONDITIONAL USE Cougar Creek Day Care
December 28, 1994
Page 3
2. ~. request for modification, variance or waiver of any require-
ment or policy outlined herein shall be made, in writing, to
the Manager of Engineering Services within 15 calendar days of
the original Commission action. The request shall include a
statement explaining why such a requirement would result in
substantial hardship or inequity.
Should you have any questions or comments, please contact the
Development Services Division at 345-7662.
STAFF SUBMITTING•
Karen Gallagher
DATE OF COMMISSION APPROVAL:
JAN 0 4 1995
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MERIDIAN PLANNING ~ ZONING COMMISSION MEETING: FEBRUARY 14 1995
APPLICANT: ~ YNN JONES AGENDA ITEM NUMBER: 11
REQUEST:REQUEST FORA CONDITIONAL USE PERMIT FOR A 12 CHILD DAY CARE
AG CY
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:
OTHER:
COMMENTS
FINDINGS OF FACT AND CONCLUSIONS OFLAW
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
LYNN JONES
CONDITIONAL USE PERMIT FOR A GROUP CHILD CARE HOME
LOT 2 BLOCK 2, COUGAR CREEK SUBDIVISION
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
January 10, 1995 at the hour of 7:30 o'clock p.m., the Petitioner,
Lynn Jones appearing, 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:
FINDINGS OF FACT
1. That a 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 January 10, 1995 the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the January 10, 1995
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. That this property is located within the City of Meridian
and the Applicant is not the owner of the property; that there are
two statements included with the Application that state the person
signing the statement is the owner of the property; one is dated
November 10, 1994, is signed by Larry Stoker, states that he is the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 1
i
owner of the property and states that he is aware of, and fully
supports, Lynn Jones' efforts to obtain Planning and Zoning
approval of the site as a day care facility, but is does not
specifically state that consent is given for the application; the
other is dated December 12, 1994, it is a sworn statement, states
that Ray Patel is the owner of the property but the document is
signed by Ray Patel as secretary of Vijya Laxmi, Inc., but it
apparently is a form used by the City of Boise because in the
statement is states as follows: "I agree to indemnify, defend and
hold Boise City and its employees harmless from any claim or
liability "; also there was an earnest money agreement for
the purchase of the property, stated August 22, 1994, that is
signed by Larry K. Stoker as buyer and, by what appears to be,
After Schools, Inc, Cheryl A. Joills; that the property is
described in the application which description is incorporated
herein.
3. The Applicant requests that a conditional use permit be
granted to him for the operation of a Group Child Care Home. The
Applicant in a previous application hearing for a conditional use
permit for a group day care stated at the public hearing on that
Application that he has owned and operated several day cares in the
Boise area for approximately nine (9) years; he also stated at the
previous public hearing that there are big demands right now in the
day care business for more in home child care facilities and that
he proposes a child care for twelve (12) children from the ages of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES page 2
birth to 10 years; he testified at the hearing on the 10th of
January that not much had changed since the other application and
the goal was to provide quality day care in residential settings
without creating huge day care centers and that the hours would be
from 7:00 a.m. to 6:00 p.m. He additionally stated that he did not
desire to have a circular driveway, as suggested by Shari Stiles,
because he wanted to maintain the integrity of the residence and
not convert the residence into looking like a commercial outfit and
to look like a residence and blend in with the surrounding homes in
the area. He had no other comments to the staff comments.
4. That the definition of Group Child Care Center is, "A
child care facility which provides care for six (6) to twelve (12)
children throughout the day"; the note at the end of the definition
for Child Care Facility is: "It should be noted that in determining
the type of child care facility that is being operated, the total
number of children cared for during the day and not the number of
children at the facility at any one time is determinative".
5. That Section 11-2-418 of the Zoning Ordinance contains
the requirements and procedures pertaining to conditional uses;
that subsection B, CONTENTS OF CONDITIONAL USE APPLICATION, states
as follows:
An application for a conditional use permit shall be filed
with the Administrator by the owner of the property for which
such conditional use is proposed. At a minimum, the
application shall contain the following information:
1. Name, address and phone number of applicant;
2. Name, address and phone number of owner of subject
property;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 3
3. Legal description of property;
4. Proof of ownership of subject property;
5. Description of existing use;
6. Present use of subject property;
7. Proposed use of the subject property;
8. The District that pertains to the subject property;
9. Thirty (30) copies of a vicinity map of a scale of one
inch equals three hundred feet (1"=300');
10. Characteristics of subject property which make a
conditional use desirable;
11. A listing of the mailing addresses of all property owners
(from authentic tax records of Ada County) who are within
three hundred feet (300') of the external boundaries of
the land being considered, and a list of all owners
within the area being considered for a conditional use;
12. A fee established by the Council;
13. A statement that the applicant or user of the property
agrees to pay any additional sewer, water or trash fees
or charges, if any, associated with the use, whether that
use be residential, commercial or industrial; and
_14. The application shall be verified by the applicant which
shall state that he has read the contents thereof and
verifies that the information contained therein is true
and correct.
6. The Application was not filed by the owner of the
property for which such conditional use is proposed and does not
include all of the information required by the above section; it
does not include proof of ownership, a statement of the zoning that
pertains to the subject property, a statement that the applicant or
user of the property agrees to pay any additional sewer, water or
trash fees or charges, and the application is not verified by the
applicant which verification states that he has read the contents
thereof and verifies that the information contained therein is true
and correct.
7. That the property is, even though not stated by the
Applicant, zoned R-8 Residential and is in Cougar Creek
Subdivision; that in the ZONING SCHEDULE OF USE CONTROL, Section
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 4
11-2-409 A., Residential, Group Child Care Home is listed as a
conditional use in the R-8 District and therefore the R-8 District
requires a conditional use permit for the operation of a Group
Child Care Home. That .the R-8, Residential District is described
in the Zoning Ordinance, 11-2-408 B 4. as follows:
~R-81 Medium Density Residential District: The purpose
of the (R-8) Districts is to permit the establishment of
single and two (2) family dwellings at a density not
exceeding eight (8) dwelling units per acre. This
district delineates those areas where such development
has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into two (2) family
dwellings in well-established neighborhoods of comparable
land use. Connection to the Municipal Water and Sewer
,systems of the City of Meridian is required.
8. That the use proposed by the Applicant is set forth in
the Application as, ". to use the site for a 12 child day care
center, to be operated in accordance with all appropriate day care
laws."
9. The City Engineer and the Assistant to the City Engineer
submitted comments which are incorporated herein as if set forth in
full herein; the comments stated that sewer and water are existing
on the site and that assessment fees for sewer and water service
will be determined during the building plan review process, direct
lot access to North Locust Grove Road is prohibited, the dwelling
must be a minimum of 1,350 square feet, and all signage shall be in
accordance with the standards set forth in 11-2-415.
10. The Ada County Highway District submitted comments and
they are hereby incorporated herein and had one site specific
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 5
requirement of no direct access to Locust Grove Road will be
allowed.
11. That the Meridian Planning and Zoning Administrator,
Shari Stiles, submitted comments stating that a maximum of twelve
children may be cared for throughout the day; that the total number
of children cared for during the day and not the number of children
at the facility at any one time is determinative; that one stall of
the three-car .garage is to be used for the day care, with the
remaining two stalls used for housing vehicles of the resident;
that Applicant should consider incorporating circular driveway to
facilitate traffic flow at peak times, if existing median on Cougar
Creek Drive will allow; that all landscaping and fencing shall be
in place prior to operation and that landscaping along the western
boundary is required in addition to fencing to buffer adjacent
residential property; that a yearly review of the City Council
should be required; that hours of operation shall not extend beyond
those represented by the Applicant and approved by the Council.
12, City Police Department, Fire Department, Nampa-Meridian
Irrigation District, and Central District Health Department
submitted comments and they are hereby incorporated herein.
13. That 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 6
existence."
14. The City of Meridian has consistently required that
operators of day cares have State of Idaho day care licenses.
15. That there was no testimony submitted at the hearing
objecting to the conditional use permit.
CONCLUSIONS
1. That 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. That 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. That the City has the authority to take judicial notice
of its own ordinances and proceedings, other governmental statues
and ordinances, and of actual conditions existing within the City
and state.
4. That 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, and pursuant to that section
conditions minimizing the adverse impact on other development,
controlling the duration of development, assuring the development
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 7
is maintained properly, and requiring 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. That 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.
6. That is concluded that the Application did not meet the
application requirements of 11-2-418 C because the Application was
not filed by the owner of the property, because it did .not include
proof of ownership, because three people or entities were noted in
the Application as being the owner of the parcel, because there was
no statement of the zoning, because there was no statement that the
applicant or user of the property agreed to pay any additional
sewer, water or trash fees or charges, and because the application
was not verified by the applicant which verification states that
the Applicant has read the contents thereof and verifies that the
information contained therein is true and correct.
7. That it is concluded that the City needs the above
information to know whether the owner of the property is aware of
the Application, that the owner consents to the use of the property
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 8
as set forth in the Application, that the Applicant consents to the
possible sewer, water and fees, and whether the Applicant has read
the Application and verifies the statements therein as being true.
8. Since the Application did not meet the requirements of
11-2-418 B, it is therefore concluded that the Application should
be tabled until the Applicant amends his Application and submits
the necessary information to the Commission to enable it to render
findings of fact and conclusion of law and a supportable decision;
that if the Applicant amends the Application to include the
requirements of 11-2-418 B the Application may then proceed, but an
additional public hearing shall be held before the Planning and
Zoning Commission since there may have been people who asked for
copies of the Application and did not receive all the necessary
information.
9. It is further concluded that the Applicant should inform
the Commission within ten (10) days of the date of adoption of
these Findings of Fact and Conclusions of Law whether he will
provide the necessary information and desires to continue to
proceed with the Application and have the additional public
hearing, or whether he does not desire to proceed further. If the
Applicant does not inform the City within the ten (10) days as
above provided the Application should be deemed denied.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 9
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
RECOI~IIKENDAT I ON
VOTED
VOTED
VOTED
VOTED
VOTED
The Meridian Planning and Zoning Commission hereby decides
that the Application for Conditional Use Permit as requested by the
Applicant for the property described in the Application, based on
the Findings of Fact and Conclusions of Law, is tabled to allow the
Applicant to provide to the City the information required, as
stated in the Findings of Fact and Conclusions of Law. That the
Applicant shall inform the Commission within ten (10) days of the
date of adoption of these Findings of Fact and Conclusions of Law
whether he will provide the necessary information and desires to
continue to proceed with the Application or whether he does not
want to proceed further. If the Applicant informs the City that he
will provide the additional information, an additional public
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 10
i
hearing shall be held before the Planning and Zoning Commission
since there may have been people who asked for copies of the
Application and did not receive all the necessary information. The
public hearing will not be scheduled until the information is
received by the City. If the Applicant does not inform the City
within the ten (10) days, as herein provided, the Application shall
be deemed denied and the matter shall not proceed on to the City
Council due to Applicant's failure to provide all of the necessary
information.
MOTION:
APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 11
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LYNN JONES
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~ CONDITIONAL USE PERMIT FOR A GROUP CHILD CARE HOME
LOT 2 BLOCK 2, COUGAR CREEK SUBDIVISION
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
January 10, 1995 at the hour of 7:30 o'clock p.m., the Petitioner,
Lynn Jones appearing, 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:
FINDINGS OF FACT
1. That a 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 January 10, 1995 the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the January 10, 1995
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. That this property is located within the City of Meridian
and the Applicant is not the owner of the property; that there are
two statements included with the Application that state the person
signing the statement is the owner of the property; one is dated
November 10, 1994, is signed by Larry K. Stoker, states that he is
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 1
Y
the owner of the property and states that he is aware of, and fully
support, Lynn Jones' efforts to obtain Planning and Zoning approval
of the site as a day care facility, but is does not specifically
state that consent is given for the application; the other is dated
December 12, 1994, is a sworn statement, states that Ray Patel is
the owner of the property but the document is signed by Ray Patel
as secretary of Vijya Laxmi, Inc., but it apparently is a form used
by the City of Boise because in the statement is states as follows:
"I agree to indemnify, defend and hold Boise City and its employees
harmless from any claim or liability "; that the property is
described in the application and is incorporated herein.
3. The Applicant requests that a conditional use permit be
granted to him for the operation of a Group Child Care Home. The
Applicant in a previous application hearing for a conditional use
permit for a group day care stated at the public hearing on that
Application that he has owned and operated several day cares in the
Boise area for approximately nine (9) years; he also stated at the
previous public hearing that there are big demands right now in the
day care business for more in home child cares and that he proposes
a child care for twelve (12) children from the ages of birth to 10
years; he testified at the hearing on the 10th of January that not
much had changed since the other application and the goal was to
provide quality day care in residential settings without creating
huge day care centers and that the hours would be from 7:00 a.m. to
6:00 p.m. He additionally stated that he did not desire to have a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 2
circular driveway, as suggested by Shari Stiles, because he wanted
to maintain the integrity of the residence and not convert the
residence into looking like a commercial outfit and to look like a
residence and blend in with the surrounding homes in the area. He
had not other comments to the staff comments.
4. That Larry K. Stoker, one of the persons claiming to be
the owner of the property, is a registered sex offender; he was a
co-applicant with Lynn Jones for the day care conditional use on
Tall Pine Street.
5. That the definition of Group Child Care Center is, "A
child care facility which provides care for six (6) to twelve (12)
children throughout the day"; the note at the end of the definition
for Child Care Facility is: "It should be noted that in determining
the type of child care facility that is being operated, the total
number of children cared for during the day and not the number of
children at the facility at any one time is determinative".
6. That Section 11-2-418 of the Zoning Ordinance contains
the requirements and procedures pertaining to conditional uses;
that subsection B, CONTENTS OF CONDITIONAL USE APPLICATION, states
as follows:
An application for a conditional use permit shall be filed
with the Administrator by the owner of the property for which
such conditional use is proposed. At a minimum, the
application shall contain the following information:
1. Name, address and phone number of applicant;
2. Name, address and phone number of owner of subject
property;
3. Legal description of property;
4. Proof of ownership of subject property;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 3
5. Description of existing use;
6. Present use of subject property;
7. Proposed use of the subject property;
8. The District that pertains to the subject property;
9. Thirty (30) copies of a vicinity map of a scale of one
inch equals three hundred feet (1"=300');
10. Characteristics of subject property which make a
conditional use desirable;
11. A listing of the mailing addresses of all property owners
(from authentic tax records of Ada County) who are within
three hundred feet (300') of the external boundaries of
the land being considered, and a list of all owners
within the area being considered for a conditional use;
12. A fee established by the Council;
13. A statement that the applicant or user of the property
agrees to pay any additional sewer, water or trash fees
or charges, if any, associated with the use, whether that
use be residential, commercial or industrial; and
14. The application shall be verified by the applicant which
shall state that he has read the contents thereof and
verifies that the information contained therein is true
and correct.
7. The Application was not filed by the owner of the
property for which such conditional use is proposed and does not
include all of the information required by the above section; it
does not include proof of ownership, a statement of the zoning that
pertains to the subject property, thirty copies of a vicinity map
of a scale of one inch equals three hundred feet (1"=300'), a
statement that the applicant or user of the property agrees to pay
any additional sewer, water or trash fees or charges, and the
application is not verified by the applicant which verification
states that he has read the contents thereof and verifies that the
information contained therein is true and correct.
8. That the property is, even though not stated by the
Applicant, zoned R-8 Residential; that in the ZONING SCHEDULE OF
USE CONTROL, Section 11-2-409 A., Residential, Group Child Care
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 4
Home is listed as a conditional use in the R-8 District and
therefore the R-8 District requires a conditional use permit for
the operation of a Group Child Care Home. That the R-8,
Residential District is described in the Zoning Ordinance, 11-2-408
B. 4 as follows:
jR-8) Medium Density Residential District: The purpose
of the (R-8j Districts is to permit the establishment of
single and two (2) family dwellings at a density not
exceeding eight (8) dwelling units per acre. This
.district delineates those areas where such development
has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into two (2) family
dwellings in well-established neighborhoods of comparable
land use. Connection to the Municipal Water and Sewer
,systems of the City of Meridian is required.
9. That the property is located in COUGAR CREEK SUBDIVISION,
an R-8 single-family residential subdivision.
10. That the use proposed by the Applicant is set forth in
the Application as, ". to use the site for a 12 child day care
center, to operated in accordance with all appropriate day care
laws."
11. The City Engineer and the Assistant to the City Engineer
submitted comments which are incorporated herein as if set forth in
full herein; the comments stated that sewer and water are existing
on the site and that assessment fees for sewer and water service
will be determined during the building plan review process, direct
lot access to North Locust Grove Road is prohibited, the dwelling
must be a minimum of 1,350 square feet, and all signage shall be in
accordance with the standards set forth in 11-2-415.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 5
12. The Ada County Highway District submitted comments and
they are hereby incorporated herein and had one site specific
requirement of no direct access to Locust Grove Road will be
allowed.
13. That the Meridian Planning and Zoning Administrator,
Shari Stiles, submitted comments stating that a maximum of twelve
children may be cared for throughout the day; that the total number
of children cared for during the day and not the number of children
at the facility at any one time is determinative; that one stall of
the three-car garage is to be used for the day care, with the
remaining two stalls used for housing vehicles of the resident;
that Applicant should consider incorporating circular driveway to
facilitate traffic flow at peak times, if existing median on Cougar
Creek Drive will allow; that all landscaping and fencing shall be
in place prior to operation and that landscaping along the western
boundary is required in addition to fencing to buffer adjacent
residential property; that a yearly review of the City Council
should be required; that hours of operation shall not extend beyond
those represented by the Applicant and approved by the Council.
14, City Police Department, Fire Department, Nampa-Meridian
Irrigation District, and Central District Health Department
submitted comments and they are hereby incorporated herein.
15. That 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 6
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."
16. The City of Meridian has consistently required that
operators of day cares have State of Idaho day care licenses.
17. That there was no testimony submitted at the hearing
objecting to the conditional use permit.
CONCLUSIONS
1. That 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. That 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. That the City has the authority to take judicial notice
of its own ordinances and proceedings, other governmental statues
and ordinances, and of actual conditions existing within the City
and state.
4. That 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, and pursuant to that section
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES page ~
conditions minimizing the adverse impact on other development,
controlling the duration of development, assuring the development
is maintained properly, and requiring 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. That 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.
6. That 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 and a review of the facts presented and 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 but the Zoning Ordinance
requires a conditional use permit to allow the use.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page $
c. The structure is supposed to be designed and
constructed to be harmonious in appearance with the
character of the general vicinity; that if the structure
is designed and constructed to be harmonious in
appearance with the character of the general vicinity 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 should not increase
significantly because of the proposed group day care
facility.
e. The property has sewer and water service already
available and will be adequately served by essential
public facilities.
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.
g. If the conditions
involve a use, activity,
conditions of operation
person, property or the
excessive production of
glare or odors.
are met, the use should not
process, material, equipment or
that would be detrimental to
general welfare by reason of
traffic, noise, smoke, fumes,
h. That sufficient parking for the property and 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.
7. That the Zoning Ordinance in 11-Z-411 H, pertaining to
garages states as follows:
"That all single-family detached housing units shall have a
garage capacity of housing at least two (2) standard size
automobiles, at a minimum.";
and 11-2-403 B, Definitions has the following definition;
"Garage, Private - An enclosed accessory building or an
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 9
accessory portion of the main building designed and used for
indoor parking or storage of vehicles or boats owned and
operated by the occupant of the main dwelling. An unattached
garage is considered to be an accessory building."
8. That there is no specific restriction in the zoning
ordinance regarding the use of the garage, however, it is concluded
that since it is the requirement of 11-2-411 H that the garage must
have the capacity of housing at least two standard vehicles that if
the garage was used such that two automobiles could not get into
the garage, 11-2-411 H would be violated, and since the definition
of private garage states that it is designed and used for indoor
parking and storage of vehicles, it is therefore concluded that a
condition of the conditional use shall be that the garage not be
used as part of the day care business.
9. That the Applicant shall, prior to opening for business,
submit a day care license from State of Idaho; that if the license
is not submitted the day care shall not opened for business.
10. That it is concluded that as a safety measure in the
operation of the day care facility, all children shall be dropped
off or picked up in the driveway of the home and that no children
shall be dropped off or picked up on Locust Grove Road.
11. That due to the location of the day care facility on
Locust Grove Road, it is also a condition of the Conditional Use
Permit that an adult shall at all times accompany one or more
children playing in the yard of the day care facility.
12. That since conditions may be placed upon the granting of
a conditional use permit to minimize adverse impact, it is
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 10
recommended by the Planning and Zoning Commission that the
following conditions of granting the conditional use be required,
to wit:
a) The hours of operation shall be restricted, as stated by
the Applicant, from 7:00 a.m. 6:00 p.m.
b) The children, if outside, be maintained in the fenced
area, as required below.
c) That the Applicant shall meet the State of Idaho
requirements for staff to children.
d) That there shall be fencing, gates, and locks for the
outside play area such 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, but. an adult shall be
with them at all times if the child or children are
waiting to be picked up.
e) That the Applicant shall hold. and maintain a State of
Idaho Day Care License for the operation of a twelve
child day care.
f) That the conditional use should not be restricted to a
period of authorization but shall be reviewed annually
upon notice to the applicant for violation of any of the
conditions as has been done in other day care conditional
uses and other conditional use applications.
g) That the conditional use, pursuant to the Zoning
Ordinance, shall not be transferable to another owner of
the property or to another property.
h) That the Applicant must meet the requirements of the
Central District Health Department and the State of Idaho
Department of Health and Welfare.
i) That the Applicant shall meet the requirements of the
City Engineer, Planning Director, and other governmental
agencies submitting comments.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -.JONES Page 11
4
13. That since Larry K. Stoker, a registered sex offender,
claims to be owner of the property, a real estate earnest money
agreement showing Larry K. Stoker as the buyer of the property was
submitted with the application, and no deed or proof of ownership
was submitted showing that Larry K. Stoker was not the owner of the
property and that an owner of property has full and complete access
to the property that they own, that section 11-2-418 d. states, in
part, as follows:
"In approving any Conditional Use, the Commission and Council
may prescribe appropriate conditions, bonds, and safeguards in
conformity with this Ordinance.";
it is further concluded that the Applicant shall file with the
.City, and maintain continuously, in full force and effect, a bond
in the sum of $2,000,000.00 to ensure that no child, employee,
manager, guest, visitor, operator, or person, is battered,
assaulted,or molested, sexually or otherwise, by Larry K. Stoker,
and if they are, they may make claim under the bond for the full
amount of the bond; that the terms and conditions of the bond shall
be approved by the City of Meridian.
14. 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 at the
facility and not the number of children at the facility at one
time.
15. That the above conditions are concluded to be reasonable
and the Applicant shall meet those conditions.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 12
16. That it is recommended that if the Applicant meets the
conditions stated above that the conditional use permit be granted
to the Applicant.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
RECOl~IENDAT I ON
VOTED
VOTED
VOTED
VOTED
VOTED
The 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 with the conditions set forth in the
Findings of Fact and Conclusions of Law or similar conditions as
found justified and appropriate by the City Council and that the
property be required to meet the water and sewer requirements, the
fire and life safety codes, and the Uniform Building Code, and
other Ordinances of the City of Meridian. The conditional use
shall be subject to annual review upon notice to the Applicant by
the City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES
Page 13
MOTION: APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - JONES Page 14
Order No.
QUITCLAIM DEED
FOR VALUE RECEIVED Larry K. Stoker and Ruby L. Stoker
GRANTOR
do hereby CONVEY. RELEASE, REMISE and FOREVER QUIT CLAIM
unto Lynn V. Jones and Cheryl A. Jones
GRANTEE
whose current mailing address is: 3660 S . Cole Road
the following described real property located in
more particularly described as follows, to wit:
Lot 1 in Block 2 of Conifer Subdivi
to the official plat thereof, filed
Plats at page(s) 6459-6460, records
Idaho, which has the address of 882
Place, Meridian, Idaho 83642.
Boise, ID
Ada County, State of Idaho
sion, according
in Book 64 of
of Ada County,
North Tall Pine
Order No.
QUITCLAIM DEED
FOR VALUE RECEIVED Larry K. Stoker and Ruby L. Stoker
GRANTOR
do hereby CONVEY. RELEASE, REMISE and FOREVER QUIT CLAIM
unto Lynn V. Jones and Cheryl A. Jones
GRANTEE
whose current mailing address is: 3660 S . Cole Road
the following described real property located in
more particularly described as follows, to wit:
Lot 1 in Block 2 of Conifer Subdivi
to the official plat thereof, filed
Plats at page(s) 6459-6460, records
Idaho, which has the address of 882
Place, Meridian, Idaho 83642.
Boise, ID
Ada County, State of Idaho
lion, according
in Book 64 of
of Ada County,
North Tall Pine
together with their appurtenances.
January 12,1995
Meridian Planning and Zoning
Attention Shari Stiles
RE: Conditional Use application Tall Pine
Dear Ms. Stiles
This letter is to inform you and members of the city council that Larry Stoker has no legal
interest in the property located 882 N. Tall Pine. Larry Stoker has no involvement w7th the
child care business in any way. Larry is a Certified Financial Planner that specializes in
Real Estate Development that I contracted with to acquire financing for the home.
I, Lynn Jones will be operating the child care at that location. I have been in the child care
business for 8 years and currently operate under state and Boise city licenses. I operate
several locations and have an excellent reputation within the community. T'he attendant that
will be living in that home and providing care is Gretchen Carlson-Barlett she has been in
my employ for 2 vrs. Gretchen will hold all applicable child care licenses along with CPR
and First Aid training. Her social security #566-49-510'7 if you wish to do a background
check.
By way of information obtaining a conditional use is only one step in along series of steps
before someone can open a child care center. The steps include criminal background
checks with forger printing, fine inspection, Central District Health inspection, and a State
license. We must repeat those steps every two years.
Sincerely,
..T
[.
Lynn s
c~~rVc
GLENN J. RHODES. President
SHERRY R. HUBER, Vice President
JAMES E. BRUCE. Secretary
January 5, 1995
TO:
LYNN JONES
3660 S. COLE
BOISE ID 83709
FROM: Karen Gallag r~or
Development S
SUBJECT: MERIDIAN CU - COUGAR CREEK DAY CARE
Your application for the above referenced project was acted on by
the Commissioners of the Ada County Highway District on January 4,
1995. The attached staff report lists the conditions of approval
and street improvements which are required.
If you have any questions, please feel free to call me at 345-7680.
LS
cc: Development Services
Chron
MERIDIAN CITY HALL
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
- -- ~
L~
GLENN J. RHODES, President
SHERRY R. HUBER, Vice President
JAMES E. BRUCE, Secretary
TO: ACHD Commission
INTER-DEPARTMENT
CORRESPONDENCE
JONES.CU/DSTECH
01-04-95
DATE: December 30, 1994
FROM: Development Services
SUBJECT: Conditional Use
(Applicant - Lynn
(Representative -
ID 83704)
Cougar Creek Day Care
Jones, 3660 S. Cole, Boise ID 83709)
Larry Stoker, 3175 N. Cole Road, Boise
FACTS & FINDINGS:
1. The applicant is requesting approval of a conditional use
permit for a day care facility for up to 12 children in a
single family home. The site is located on the southwest
corner of Cougar Creek Drive and Locust Grove Road, Lot 2,
Block 2, Cougar Creek Subdivision.
2. GENERAL INFORMATION:
ACRES - 0.25
SQUARE FEET OF PROJECTED BUILDING - 1350
ZONING - Residential - R-8
ESTIMATED VEHICLE TRIPS PER DAY - 55
TRAFFIC ANALYSIS ZONE - 270
L.F. OF FRONTAGE ON Cougar Creek Drive - 68-feet
FUNCTIONAL CLASS MAP DESIGNATLON - Local
ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown
EXISTING RIGHT-OF-WAY - 50-feet
REQUIRED RIGHT-OF-WAY - No additional right-of-way required
Cougar Creek Drive is improved to a 32-foot street section
with 5-foot sidewalks and a raised median at the entry to
Cougar Creek.
IMPACT FEE BENEFIT ZONE - West Ada
IMPACT FEE ASSESSMENT DISTRICT - Western Cities
3. The site is located at the southwest corner of Locust Grove
and Cougar Creek Drive. The site is separated from Locust Road
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
i..
CONDITIONAL IJSE Cougar Creek Day Care
December 28, 1994
Page 3
2. A request for modification, variance or waiver of any require-
ment or policy outlined herein shall be made, in writing, to
the Manager of Engineering Services within 15 calendar days of
the original Commission action. The request shall include a
statement explaining why such a requirement would result in
substantial hardship or inequity.
Should you have any questions or comments, please contact the
Development Services Division at 345-7662.
STAFF SUBMITTING:
Karen Gallagher
DATE OF COMMISSION APPROVAL:
JAN 0 4 1995
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HUB OF TREASURE VALLEY
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurar
GARY 0. SMITH, P.E. City Engineer
6RUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT. Waste Water Supt.
KENNY W. BOWERS, Fire Chiet
W.L. "61LL" GORDON. Police Chief
WAYNE G. CROOKSTON. JR., Attorney
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
GRANT P. KINGSFORD
Mayor
COUNCIL MEAI6ERS
RONALD R. TOLSti1A
MAk YERRINGTC~'
ROBERT D. CCr^~ E
WALT W. MORPO~::
SHARI STILES
Planner 8 Zoning Atlmin~st air
~~;F-, ,~.C JIM JOHNSON
e It~!~Cr~ (~it ~~f- man ~ Planning S =.:- --
2 ~ ~'- ~, i~~~
NAMPq & fU;ir?~~~,,,~
IRRtG;~l'iCtN GiS i-, ii;T
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 recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: January/ 31995
TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10195
REQUEST: Conditional Use Permit
BY: Lynn Jones
LOCATION OF PROPERTY OR PROJECT: Lot 2 -Block 2 ofi Couctar Creek
subdivision
JIM JOHNSON, P2 MERIDIAN SCIi00L DISTRICT
MOE ALtDJANI, P2 - -- ~ --11AERIDiAN POST OFFICE(PRELIM & ffNAL PLAT)
JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT
CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
RONALD TOLSMA, C/C SETTLERS. IRRIGATION DISTRICT
BOB CORRIE, C/C IDAHO POWER CO.(PREUM 8~ FINAL PLAT)
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECIAMATION(PRELIM & FINAL PLAT)
SEWER DEPARTMENT CITY FILES
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY OTHER:
YOUR CONCISE REMARKS: ampa & Meri ian Irrigation
District has no comment on the Conditional Use Permit
for lot 2 block of Cougar Creek Subdivision.
CITY ENGINEER
CITY PLANNER
Bill enson, Assistant Water Superintendent
Nampa & Meridian Irrigation District __
, ;: ;~ .y
4 1 .', '~ ~ ~ ..
'SJ1 .. ._ .._.. ... ... .
C ~~G~
~f~
GLENN J. RHODES, President
SHERRY R. HUBER, Vice President
.TAMES E. BRUCE. Secretary
TO: ACHD Commission
FROM: Development Services
SUBJECT: Conditional Use Cougar Creek
(Applicant - Lynn Jones, 3660 S.
(Representative - Larry Stoker,
ID 83704)
INTER-DEPARTMENT
CORRESPONDENCE
JONES.CU/DSTECH
01-04-95
DATE: December 30, 1994
Day Care
Cole, Boise ID 83709)
3175 N. Cole Road, Boise
PRELIMINARY REVIEW - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION
FACTS & FINDINGS:
1. The applicant is requesting approval of a conditional use
permit for a day care facility for up to 12 children in a
single family home. The site is located on the southwest
corner of Cougar Creek Drive and Locust Grove Road, Lot 2,
Block 2, Cougar Creek Subdivision.
2. GENERAL INFORMATION:
ACRES - 0.25
SQUARE FEET OF PROJECTED BUILDING - 1350
ZONING - Residential - R-8
ESTIMATED VEHICLE TRIPS PER DAY - 55
TRAFFIC ANALYSIS ZONE - 270
L.F. OF FRONTAGE ON Cougar Creek Drive - 68-feet
FUNCTIONAL CLASS MAP DESIGNATION - Local
ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown
EXISTING RIGHT-OF-WAY - 50-feet
REQUIRED RIGHT-OF-WAY - No additional right-of-way required
Cougar Creek Drive is improved to a 32-foot street section
with 5-foot sidewalks and a raised median at the entry to
Cougar Creek.
IMPACT FEE BENEFIT ZONE - West Ada
IMPACT FEE ASSESSMENT DISTRICT - Western Cities
3. The site is located at the southwest corner of Locust Grove
and Cougar Creek Drive. The site is separated from Locust Road
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
,, CONDITIONAL USE Cougar Creek Day Care
December 28, 1994
Page 3
2. A request for modification, ~~ariance or waiver of any require-
ment or policy outlined herein shall be made, in writing, to
the Manager of Engineering Services within 15 calendar days of
the original Commission action. The request shall include a
statement explaining why such a requirement would result in
substantial hardship or inequity.
Should you have any questions or comments, please contact the
Development Services Division at 345-7662.
STAFF SUBMITTING: DATE OF COMMISSION APPROVAL:
Karen Gallagher
y
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Larry Stoker
4188 N. Pennfield Place
Boise, ID 83713
January 12, 1995
Ms. Shari Stiles, Planning and Zoning Administrator
City of Meridian Planning and Zoning
33 E. Idaho
Meridian, ID 83642
Dear Ms. Stiles:
During the process of applying for a Conditional Use Permit for a group daycare for 12
children on property located at 882 North Tall Pine in Meridian, my name was
inadvertently listed as the applicant, along with Lynn Jones.
In the subsequent findings of Fact and Conclusions of Law, my name and the name of
Lynn Jones were listed as applicants and Lynn Jones was referred to throughout that
document as applicant. We respectfully request that my name be removed from the
application, so that only the name of Lynn Jones is reflected.
The intent has always been that I would only act as a financial consultant in assisting Mr.
Jones in obtaining financing ,with no interaction at Tall Pines in operating the facility or
more particularly with the children.
To further remove me from the activities, and in an effort to answer any remaining
concerns, I have made a transfer of the property through a Quitclaim Deed which was
submitted for recording January 12, 1995, to Mr. Lynn Jones and his wife. This removes
me completely from the Tall Pine application.
We have taken these steps in an obvious effort to avoid the potential for negative
publicity this could cause myself, Mr. Jones and his quality day care operations, or the
city of Meridian Planning and Zoning.
Hopefully this will resolve the matter sufficiently to allow the recommendation made by
the Planning and Zoning Board to the City Council to approve the Conditional Use
Permit to proceed unchallenged at next Tuesday's meeting. Please feel free to call me
with any other questions at 375-1367.
Sincerely.
~~~
Larry K. Stoker
OFFICIALS
HUB OF TREASURE VALLEY
A Good Place to Live
COUNCIL MEMBERS
WILLIAM G.BERG,JR.,CityClerk RONALD R. TOLSMA
MAX YERRINGTON
JANICE L. GASS, City Treasurar CITY OF MERIDIAN
GARY D. SMITH, P.E. City Engineer ROBERT D. CORRIE
BRUCE D. STUART, Water Works Supt. WALT W. MORROW
JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES
KENNY W. BOWERS, Fire Chief
" MERIDIAN, IDAHO 83642 Planner 8 Zoning Administrator
GORDON, Police Chief
W.L. "BILL JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 Chairman ~ Planning & Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
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 recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: January 3, 1995
TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95
REQUEST: Conditional Use Permit
BY: Ly_rtn Jones
LOCATION OF PROPERTY OR PROJECT: Lot 2 -Block 2 of Cougar Creek
Subdivision
JIM JOHNSON, P2
MOE ALIDJANI, P2
JIM SHEARER, P2
-CHARLES ROUNTREE, P/Z
-TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, CIC
BOB CORRIE, C/C
-WALT MORROW, C/C
_MAX YERRINGTON, C/C
-WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
-CITY ENGINEER
CITY PLANNER
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 8t FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT
NAi~iE : ~LN JONF4 PHONE 362-5437
ADDRESS: 3660 S COLE BOISE, ID 8370
GENERAL LOCATION:
DESCRIPTION OF PROPOSED CONDITIONAL USE:
FOR USE AS A 12 CHILD DAY CARE FACILITY FOR CHILDREN AGES FIVE
YEARS OLD AND UP. '
ZONING CLASSIFICATION: ~-~
PLAN: A plan 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 yards.
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that
the Meridian Planning and Zoning Commission will hold a Public
Hearing in the Meridian City Hall on ~.J~^n~~~~~•i ~cf, ~~~~
at ~ • ~ l'.P'`- The purbose of the Hearincr
is to consider a CONDITIONAL USE PERMIT submitted by
LYNN JONES for the property generally described
aS located at COUGAR CREEK SUBDIVISION
BLOCK LOT NUI~iBER 2
TO
APPLICATION INFORMATION
1) APPLICANT: Lynn Jones
3660 S. Cole
Boise, ID 83709
(208) 362-5437
2) OWNER: Larry Stoker
3175 N. Cole
Boise, ID 83704
(208) 375-1367
3) LEGAL Cougar Creek Subdivision
DESCRIPTION: Block 2, Lot 2
4) PROOF OF See attached Earnest Money Agreement
OWNERSHIP:
5) EXISTING USE: New residential subdivision being developed;
this will be a new construction of a home with
space designed for day care services.
6) PROPOSED USE: We propose to use the site fora 12 child
day care center, to be operated in accordance
with all appropriate day care laws.
7) DESIRABLE The subject property is in a residential sub-
CHARACTERISTICS: division with homes of comparable value. By
providing day care in the area, area families
will be able to have safe and secure day care
for their children close to their homes. By
designing day care as part of the new home
construction, many of the conversion disadvan-
tages in converting existing homes into day
care can be avoided.
8) MAILING LIST: See attached mailing list.
,.. , ., I ILI(L 1[J 1 H 1 L 1'UI Il.l I/\:~L nrlU S/ILL- /flit iHL-NItIV I ANU Htl:E1P I FUN EARNL--~: ~ 1~.5UNEY 1 ,
1111.^, I'i A LI GAI LY IIINIIIIJU CUNIIMr; 1, IILAU IIII. I.N 11111: Ut1CUMEN 1, INCLUDING 111E GENEIIAL PItIN1ED PIIUVISIUNS UN 111E REVEIISE SIDE 2
NG.
ANU ANY A i iAC11MEN I S, CAREFULLY, OEFOIIE SIGNING. IF YOU ifAVE ANY OUF.STIONS, CONSULT YOUR ATTORN Y B 3 .
IMPORTANT -AGENCY DISCLOSURE. AI 1~+(im •rigniny Ilis,:~Mcemem tho ngr•I,i og with mn buyer reprnsomed E~~"'t,+.4""
~ 4
mxl Iho ngonl working wllh Iho snllnr rnprnsrnderl ~.1 'f4__ . I .ICh party siyning this document confirn rat prior ritleir discbsure of 5
r In Ibis Iransacliar. Erich parry to Uris tr rsacuon b read and undersbrxl Iho contents of the agnTy~rs' cbsure brochure previously received.
d to himArn
agency
was provid g
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(hereinaller cal ed "Buyer') agrees to purchase. a he u~r goad Seller agrees 1o set the fdlowury dl -~ real estate herei er re errs to as'premrses' common y g
g
known as
• /0
ounly of .Idaho, legally describrnl m _~
City of 11
/ 9~1(JOR 12
(A FULL ANO PL TE LEGAL D SCRIPTION M ST BE INSERTED OR ATTACHED PRIOR TO EXLi,U PION 8V SELLER. Buyer hereby au0wrizes broker to insert over 13
his signature the correct legal descrpton of the premises it unavailable at the time of signing, or to correct the legal description previousy entered it erroneous or incomplete.) 1 q
EARNEST MONEY. Qr~",~ p ~0~`,~ ~~~~~I
ll
1 d
d 15
16
ars
o
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(a) Buy reby deposits as eamest money and a receip reby acknowledged o =
($_O) evidenced by: ^ Cash Personal Check ^Cashiers Check Note Due ^ or 17
(b) Eamast Money to be deposited in trust account yon acceptance by all panies and shall be held by: ^Listing Broker ^Selling Broker ^Other 18
for the benefit of the panies hereto, and (Broker) 19
shall hold the completely executed broker's copy of this agreement and is responsible for the closing. 20
(c) Ii all conditions have been met by Buyer, Buyer and Seller agree that the earnest money (less credit report teas, arM any other Buyei s costs) shah be refunded to Buyer 21
in the event Buyer or Seller cannot co ummale ih sale due to circumstances beyond their control. 22
(d) The parties agree that Title Company shah provide title pdicy and prekminary rayon of commitment 23
and the "closing agency' for this t a n shall be . II a long-term escrow ! cdlectbn is involved Then the escrow 24
holder shall be
TOTAL PURC A , PRIC I ~'~ G~ ( 25
2s
DOLLARS ($ 1 .~Z~iC: ,S G~ 27
28
Payable as lotto ~ C ~
(a) $ ~ ~ Cash down, including above Eamesl Money (Cosing costs are additional). 29
Ibl $ ti ~ Balance of the purchase price (M.I .not Induded). 30
FINANCI G. This greemenl is crontingent upon the Buyer securing ttre following l,iJJ~~n,n~cing: ^ F~~H99~~^ VA~Conv, ^ IHA, ^ FmHA, ^ Assumption M existing loan(s).^Other.
licable
rovisions
read the a
i
u
ht
II FHA
VA l
l 31
32
pp
p
oan
g
,
or
s so
fk per annum. (
(a) ^ NEW FINANCING. Purchase ban balance as noted above for a period of~,SZyears at~
on the reverse side hereof.) Buyer shall pay no more Than ~_ paints Dlus origination lee if any. Seller to pay onl~the discount points necessary in order to obtain above
Any reduction in points shall first accrue to the berre(il of the: Buyer ^Seller ^ Divided Equally.
Z points
but not to exceed ~
d li
in
ib
d 33
34
.
.
narrc
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escr
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(b) ^ ASSUMPTION. Buyer to ASSUME and ^ will or ^will not be required to quality for an EXISTING LOAN(S) of approximately $ 35
at no more than_% with monthly payments of approximately $ Including ^ P ^ I ^ T ^ 1. 36
This agreement ^ does ^ does not require Lender to release Seller s liability. Type of ban 37
Buyer shall apply for such loan or assumption within three (3) banking days after Seller's acceptance of this agreement. 3a
11 an appraisal is required under Buyer's financing contingency, premises musl,~ppraise al no less y~an purchase pdce. /
/~
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~tDittts
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OTH~R FIN~CIN~, TERMS AND/OR CONDITIONS: r An^.EJ-r~ p
~ , ..,r, a Is i~ //[~ G -. ~ - ao
41
SELLER'S RIGHT TO CONTINUE TO MARKET THE PREMISES AND ACCEPT OTHER OFFERS. This agreement provides for the Seller to 45
continue to market the premises and accept other oilers subject to Buyer's right to waive or remove the following conkngenCles. Any waiver a removal of arty contngercy as 46
set forth in Paragraph N5 wIA be a waiver or rertroval of all contingencies in Paragraph A5. 47
on or before 48
(a) ^ Closing of 49
listed wit
Upon waiver or removal of this contingency Buyer warrants that adequate funds needed to cbse will be available and that Buyers ability to obtaM financing Is not 50
rwndilbned upon sale and/or closing of any progeny. - 51
(b) ^ Other (specify) 52
IF THIS AGREEMENT IS SUBJECT TO Seller's right to continue to market the premises and accept other offers as specified in Paragraph A5. Seller shall have the right to 53
continue to oiler the heroin premises br sale and to acrepl oilers until such lime as said contingencies have been waived or removed by Buyer. Should Seller receive 54
another acceptable offer to purchase, Seller shall give Buyer calendar days written notice of such offer. In the event the Buyer does not waive a remove the 55
contingencies in writing within the sel.calendar days noted above, Ilren this Agreement shall be terminated and all deposits relumed to Buyer less expenses incurred to dale 56
of termination. In the event the Buya does waive or remove the contingencies, the Buyer shall proceed to purchase the premises under the remaining terms and conditons 57
of this agreement nolwithslanding Ihd the terms of the new offer may be more or less favorable. Notice shall be considered given on the earlier of either personal delivery of 50
notice to the Buyer a their represeelalive or two calendar days Iolbwing the date of mailing evidenced by cenilicalion of the postmark on the envebpe containing such
notice. All notices shall be sent to the addresses shown on this agreement. t:lx ~/).Oin ~~ ~ 61
ITEMS SPdECIFICALLY INCL.IUD~E'D_ I"N THIS SALE (if FHA! VA fin~ncirrg is~ouyln sea items 7 on re~rrse side~,~~^~ s2
/~ A" f.'~YFrJ ._ GL a_ ~f' ~4~ 10vL.~~fs c>, r.~.014~0.;~ .C.:.~ -
ITEMSALLY E~CI,f7DED IN THIS SALE: s3
COSTS PAID BY: Costs inaddilion to (hose listed bebw may be incurred by Buyer and Seller. Unless otherwise agreed herein, or provided by law or required by 65
lender, Buyer urchase Safer s reserve account if loan assumption. ,Sea item X 20 on reverse side. ss
^ Ves o Purchaser's Ereended Coverage Title Policy requested. Additional premium paid by
., rr,e br..,., ~r,~ra win ha naid as indicated.
n requesraD
Coats uY Imlu~l ,,, ~ ,,,e ....... ......-- ----.... _
Loen Weil
Pump.AnspecL
Codelmprld.
L C~odea
Cprt~a
Tax
Aq~ers's
LE~scrow
Paid By Appralsel Assumpt. Inspect. Septic M Aerryked R ire Service F F
BUYER s/ //
~~ i~
W/A
SELLER `~
SHAREEWALLY
Cost of lendei a code repairs not to exceed 3 -"~~
10. CLOSING. On or bepre t e closin dale, uyer and Seller shall deposit with Ilre dosing agency all funds and instruments necessary to complete the sale. The cosing date st1aA
be no later Than ~~ ~ / S ~~
11. POSSESSION. Buyer shalt tilted (o possession on ^ dosing ^ other
"Closing' means the dale an which aN dorxrmenls are either recorded a accepted by an escrow agent aril the sale proceeds are available to Seler. Taxes end water assessments
(uslna the lass avesable assessment ores basis), rents, interest and reserves, liens, encumbrances or obligations assumed and utilities shaA be ao-ratoA es of
.Buyer shall pay la hei in lank. amount to ce determined by Iho supplier at Seser's expense.
~Q. ACCEPTANCE. Buyer's offer is rrede subjed to the acceptance of Seller on or before 12:1X1 o'dock midnight of
II Seller does rwl accept this agreemed within the time specified, the entire Earnest Money shall be refunded to Buyer on demand.
13. TIME IS OF THE ESSENCE OF THIS AGREEMENT•MLSt Selling Agenq: MLSA
Llsling Agency: MLSA By: MLSA
By: _ y Buyer's Address
Buyer: Buyer's Phan: Residence Business
Buyer:
^ See attached Addendun(s). ^ See attached Counter Offer(s)
On this date. IANe hereby approve ant accept the sae set forth in the abae agreement and agree to carry out all the terms Ihered on the pad of the Seller.
IANe tun a e r ei t 91 truefapy of I ~ age' errant signed ty both parties.
Seller ~ - / VV eligi s Addre~ Phone: Rea: Work'
°'~. j Ui.i f.~ ( ` • ~yf) L ~. d'Jl. ! State ZIP
"+-- Date city
SeAer:
Isla+~TUPEI
Soler. Seller's Address:
rpelMEDI
Date City State Zip
Seller
IeKin~TUnEI
A true copy of the foregoing agreement, signed by the Seller and conlaning Ih; gull and complete legal description of the premises, is hereby received on this
dyy_o
' ~ 6 uv Buyer
Buyer. _~, ~l./~--T-
THE PROVISIONS COI~TAINES ON THE REVERSE SIDE OF THIS CAGE SHALL ALSO CONSTITUlC O -THE AGR~E}1ENT OF THE PARTIE RE21C REV. 6/93
PARTIES ACKNOWLEDGES READING THIS AGREEMENT IN FULL. Buyer's Initi Seller's fiat
Ilf2Q1<Efi'3 COPY
November 8, 1994
Sherry Styles
Planning and Zoning
City of Meridian
33 E. Idaho
Meridian, ID 83642
Dear Ms. Styles:
Attached please find a completed application to allow us to provide day care
services in a home based day care center for 12 children.
The location is on Block 2, Lot 2 of the Cougar Creek Subdivision.
In our application materials we have provided the City application form, required
application information, and a blueprint of the home in which we plan to provide
the day care.
We are excited about the possibility of offering this important service to the
Meridian community.
Sincerely
,'~~/ ~
lr
Michael Christensen, President
MC:vw
Enclosure
3175 N. Cole Road Boise, Idaho 83704 (208)375-0449 Fax(208)375-1369
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