Loading...
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 v I L~ 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 ~. :, f 6 ~` N ~-z $~a ~ ~ CeH6AR C~ I I ~~ Yat-d i i f ' I 3 Ld" i~ -- ~ ~ ~ ~~.~ ' ~~ ~ ~ I '~ ~. [_~s... 3' ~b z~ ~~ N (,~,r-fc,l-fd+~s i .•, ;.; ~. . ,. . ... -, i i i.~' r i" I ~--- (~uu~Qi CKSSt t~+a~~.~ ------~ 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 ;_. `~~ v -~' •~ a ` ~ 3 •~ ~' ~~ ~ 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 s • a r ~~ ~ ~ ~~~ ~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION LYNN JONES ~ N ~,' ~ ~ ~ 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 •- t ,- ~9 _ , ~., ... E ~-z CDNi's I ~ ---- I i i } 3 T5.4c1= Yard ~~~~+G i i .~, r' -4- N ~~ i~ -, ~ ~- ' ~ .. ~~ _ ~ _s~ ;.. i I ~ ~ I ~. z ~i ,.. $1scK ~ ~' s A2 C~K, z_ .,..' -~ I I i r i I ~-- C;orc~ar Get taa - ~. ~- __._--~•. 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 ~ ~ '. , ~ L. 1 ~ +I ~ ~ ~ r I ~ I I I ~ ; I ~.4C~= Yard ~ i i ~ I ~~,r~SCN-OA+f~ ~ i .. t wee. d. ~ioy ~ Qe~4 - - 3 ~ ~ u F ~ ~, :~ ~ .. _.. ~ i ------ ,-r ~.~ ~ ~' ~' ~.. - ~ ~ ~ I - I ~~ u.~„~ Z~ - ~ ~ I ~ I~ ~~ I . 'P~4<~-^ c A<sk I ~` ~ . i UM'' 7rG ~ NGRbr£ z ~ ~ ~ :1 ~ 'e. t: t . ~.i .i::• 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 ) -j} I DTf ~ 1 V ~ ~l •~ ~ 6 /St:-- ~ Ida~hor ." 19~ 7 t; "1 J ` ~ IA ~ ~~ ~ TL 7 /1 .Ire a V Q. ~ 1 / 1 _~ 1 ~ (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 L• 1 (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 g escr e (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. / /~ ~ ~ ` 39 ~tDittts ~D '-~~ 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 ~~- ~„ ' ,:..ter-- '~ [ aam• ,aetr ~~ 1 s oa~,vs' c ~~ ~ i a •.s• c ') , ~ I -- +0 ~ I ,a.ar ~~ s oozr~a• [ ~ ,ao. ~~ ~ s aor•~e• [ ~ +xi ~~& 1 '"[ c i ,xioar 1 ~~ ~ ~ s aorva• c s,.,. I'~ O aam•u• + '~ ~ ~ ,aa rr O f 0721'M' ~ 1QAp' f~ O ~I s aa~,•.a' , .r ~~ I z aoz,ve ,a2.,r ~~ I O i ~ ~I p 1 b s ; ~v~ ~ a i trp '~ ~ t ~' (~ ~rt K I~ rfl ~ r 4 q C nIM *1~ ~~ 1 ~ j~~' ~~ i ~Rr I' I ~ o iii ~ D (~ ~ O O~ N O (~ m Z ~ O~ ~m o = ~~~~ m Z Z~ • m m Z ~y czcDnZ o~ ~ ~ ~ ~ ~~ ~ Z~Drr,,,, "1 z ~ z vZ • p D h.y U ~ 0 D ~ W 2 :~ ~ tt~...~....,, o m O A `v ~ ~ a ~ r ,~ p `~ ~ o ~ , ~ ~ r 1~ Q G m m rt 41 H O C fD N ~+ 0 G fi x M C N fi H• n x ~~ i 0 - - ~ - - ~, ~~\ ~ a mt,va• [ a ~+ • C ~ O \ ,a.a' • ,Ya ~ ~ nary [c t O v ~' !~ A ~ • ~ ~: .~ a, ~ ~;~ eo~, •r [ p ~ a ao7s'~s r ~ ~ ~~ ,xa.,e• a- a ~ ~ o-t ,a+ rr . . ~~ mor ~ I z _ - -k-- tl 1 - - - - - - ,~ _ ~^ ;~•~- ~ ~~~