The URL can be used to link to this page

Cobler, Jerry CUPOFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R.TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887813 JIM JOHNSON, Chairman Public WorksBuilding (Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY 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: May 7, 1996 TRANSMITTAL DATE: 4/22/96 HEARING DATE: 5/ X4/96 REQUEST: Conditional Use Permit for Child Care Center 8Y: er Cobler LOCATION OF PROPERTY OR PROJECT: 1155 East Chateau JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C -WALT MORROW, C/C -GLENN BENTLEY, 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 & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) ~,°~U OF RECLAMATION(PRELIM 8~ FINAL PLAT) "" ~~R'~ { OTHER: YOUR CONCISE REMARKS: D APR~~?1996 C~1•Y OF l~ERI1~I~I~ CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ~ .'2r rc, C? . fe 1~~~r PHONE: .~~~~- /G ~- ADDRESS: ~~~ po %s o~~t, L ~[ h ~ , ~~Z~~,1z TJ~. ~~. -~~ ~! GENERAL LOCATION: ~/S `-~ ~ - C"-f1Cc ~'~ c~ _17~' ~~ y ~ DESCRIPTION OF PROPOSED CONDITIONAL USE: C ~t i I~l ~u % ~ C ~. ~~ r ~~ ~ ev v~e, ~,~~ 1 ~O ~ ~~ C~1; loll~~vc_ _ ZONING CLASSIFICATION: ~ SS 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 (submit 35 copies). , _~1~~ / G`K. Get-t'~-te.( c`~!' f~:-,I !' ~' Signature of Applicant 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 Citv Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK ,LOT TO • Carla L. Olson PLANNING CONSULTING 4735 E. Castlewood Drive Meridian, Idaho (3"3642 Tel:(208)378-4530 Fax:(208)377-4202 March 25, 1996 Shari Stiles, Planning Director City of Meridian Meridian, Idaho HAND DELIVERED Dear Ms. Stiles: Attached is an application for a child care center, which I am submitting as a conditional use, on behalf of Jerry O. Cobler. From our conversation on the 15th, I understood that. parent parking could be allowed within the 20-foot front setback. There is adequate room for two parking spaces in the existing garage and two parking spaces in the existing driveway. Two additional parking spaces are proposed (spaces 5 and 6 on the site plan) on the west side of the existing garage and driveway. We are requesting those two additional spaces to be compact-size spaces, to allow a 4.5' wide landscaping area next to the west lot line. The applicant hopes to eventually serve twenty-five children at this center. However, it will likely be some time before that number is reached. We request that the Planning Commission consider a condition of approval to allow that the two proposed parking spaces and the second fenced play yard (in the front yard) be added at such time as the enrollment at the center reaches twenty children. This application is complete, to the best of my knowledge. However, if there is anything missing that is needed for the application to proceed, I commit to providing it to you within one working day. I respectfully request that you provide me that opportunity, rather than deferring this application to a later hearing date. If you have questions or need additional information, please call me at 378-4530. Thank you. Sincerely, Carla L. Olson ~ ~ CONDITIONAL USE APPLICATION Applicant/Purchaser: Jerry 0. Coder 686 Dolson Ln. Eagle, ID 83616 Property Owner: Cecil H. and Jane A. Flemings, :;1.~/(,, ~j~e Stu,-- ~~v~~, ~,/~trn~~t. 83~s ~ Contact Person: Helen Cobler, United Realty, 799 S. Orchard, Boise, Idaho 83706 phone: 336-1054 Planner: Cazla Olson, Cazla L. Olson Planning Consulting, 4735 E. Castlewood Drive, Meridian, Idaho 83642 phone: 378-4530 Legal Description: Lot 2, Block 1, of Meridian Place Subdivision No. 1. Proof of Ownership: See copy of Warranty Deed, attached. Description of Existing Use: One single family residence. Present Use of the Property: One residence on one lot. Proposed Use of the Property: A child care center to serve up to twenty-five children. Zoning District: R-8 Vicinity Map: See map attached. Characteristics Which Make the Conditional Use Desirable: This large, one-level home is located across the street from Chief Joseph School, and within a neighborhood with many young families. The child care is not expected to draw children from all over the valley; there appears to be an existing need within the neighborhood for quality child caze. And, the proximity of the child care center to the elementary school will make it handy for before- and after-school care of elementary students, aswell as aone-stop destination for parents delivering older children to school and younger children to the child care center. Because the child care center expects to attract clients from within the neighborhood, many of whom are already travelling to Chief Joseph School, the child care center should not noticeably increase traffic levels. The size and layout of the home lends itself nicely to operating as a child care center. The rooms aze spacious, airy and well lighted, with separate azeas for playing, sleeping, and eating, and two restrooms for boys' and girls' rooms. There is a fenced back yazd .suitable for outdoor play. The child caze operators plan to provide a second fenced area in the front yard, to accommodate two different age levels playing outdoors at one time. Mailing List of Property Owners Within 300': See attached. Property owners adjacent to the property were contacted prior to preparing this application. Later, all property owners within 300' were contacted and provided the opportunity for a meeting to discuss the proposed child caze center. Application Fee: See attached. Applicant's Statement: I, the undersigned applicant, agree to pay any additional sewer, water or trash fees or chazges, if any, associated with the new use of this property. If the property is sold or otherwise conveyed to another party, I will disclose that obligation to the purchaser. I, the undersigned applicant, have reviewed this application and verified that all statements aze true and correct to the best of my knowledge. Zi C~~~~ ~~, ~/ Appli ant ~ ~' Owners' Statement: We, the undersigned owners of the property which is the subject of this application, consent to the filing of this application. Cecil H. Flemings, Owner ane A. Fl°emings, O r "~TAT't ~~F a~IZO~tA n Ct2UN1'Y ~ FA~l~OPA ~ ~ _ l J ~ S ~ ~ `~ I inst i was ackno,vledg before me this~day of `~`"" " U ~ ess whereof I herew~ s~my hard and offrciaf seal. ~./ ff~ NOTARY Ptff3LIC tia~` a,ci~ a.ai {~n~~ • • Affidavit of Notice Posting This affirms that I, Carla L. Olson, of 4735 E. Castlewood Drive, Meridian, Idaho, will bear the responsibility of posting a Notice of Hearing sign on the property located at 1155 E: Chateau Drive, Meridian, Idaho. Said property is the subject of a City of Meridian public hearing for a conditional use application for a child care center. I affirm that I will post the sign no later than two weeks prior to the scheduled public hearing. e ~ ,, ^ J Carla L. Olson x•.•`'18 HEN "'••.. y ~~ ~'~.• ~pTgl2l- ~.~ _* * '. 1'U Bti1G ! ti , ~i.__ E OF _.~~ ~~~' GC ~ C.- c ' ~ , /~ .~ ~ ~~ .. - ~,~~ ~"~j~ N~~N~~~ FV~i~~ ,1~~ Case t{ 41757. -1~ ~or Velue Received Paula Patterson, a single woman lb'~.~'L~1U ~ 3'3 the grantor , do hereby grant, bargain, sell and convey unto Cecil H. Fieminga and Jane A. Flemings, husband and wife whose current address is 1155 East Chateau Drive Meridian, Idaho 83642. the grantee s the following described premises, in Ada County Idaho, to wit: LOT 2 IN BLOCK 1 OF MERIDIAN PLACE SUBDIVISION NO. 1, ACCORDING TO THE OFFICIAL PLAT TH^uREOF FILED IN BOOK 47 OF PLATS AT PAGES 3837 AND ?838, AND AFFIDAVIT RECORDED JUNE 23, 1989, AS INSTRUMENT N0. 89229164, OFFICIAL RECORDS OF ADA COUNTY, IDAHO. Vi0 HAVE AND TO HOLD the said premise, with their appurcenances unto the said Grantee s, their heirs and assigns forever. And the said Grantor do hereby covenant to and +vith the said Grantee s that she the owner in fee simple of said premises: that they are free from all incumbrances and char she will warrant and defend the same from all lawful claims whatsoever. ~ated: March 21, 1995 ~~~ ~1t~i~^f~. Paula Patterson _ /~`~l B'1'ATE OF 1DAH0, COUNTY OF Ada Ontid, 21st d•yof March .i9 95 before me. a notary public in and for afd Snte. perwmllr apprared Paula Pat£er~~ known tom be- n ,ubecribed e hie 1 me~ ak ltdaed to the thu she ~ ~~ ~, executed the,arae. i" Wilder '~'hO Expire, 3/8/2000 ~S~~.GJilt{ q~,~ERICMI tJinlo'~ CO. . n'~ ', j, , . .. r ~~ 9Cl~t. ,.) ' y5 PIPt~i ~ 3°° _ n~cci,,.;. ., ,. - „ _, , ,~ ~, iV . ~ ~ ~ ~s~ ~ r. a '3A17 3W~d/1• N m ° ~ } ` 3A ,~<l~JlH13Wd ` N ~ ~ ~ ,~~ , ~5" ~ ' 3a+ 1SA'Nl~MM N ' ' ^+' Cr3 , - H . - ul f t ~} . ~ Q C. M ~'.._ ~ b N. U.) N .h N' ~ • . +rN 'N ~ b ~~ ~~e ~ - r ,(~~ ~.~ W ' p' O°. .3MIHddVS 'N ' ,'1d 381MdbyS ..N ~.:. ,.~ ~ ~ rl •' '~ . hr ~ q } , m ri`~ a r, .T~~ ,.. ~. - 3~Y N~J~~~~:. i 4 ~'n~ L.:k +T~ v Y i[[JJS .~~ Ay Z. i t~, ~A ti. ~ ` .. - A N.: ~ :.,. :.t, 'x i. .. .i.. r ttt'~ ~ •N r~ {0 Q.'__N .. Z 'D ~ .l M OFt•.'..;~j~~ ~ ~'~ W O ~ N °h ~ . ~ , a + .~ ~~~ Z V ~ l~'~ ~ rJ ~. N ~ d ~ > ,v ..._. ~ :.~ ` ~ 5 r , N '. ~ t ~ !. N}Ql~s ,'N r ' a . ~z ~~ o v m ~ ~ C •'~' -. w ~ M ~ ; ~~ J\' Z •N1J 1X08.- ~- -3M/ Q ~ O •~ ro `'N ~ o ~, W3At1"H1JOla N v a ' ,~ 'r ~ ,, ~+~ ;.,~ ~` , ~ q ,~ '... w '3At/ Nab' } hi .~ ~ 3¢ ,...~yb''1, N f .`~ v ~ } 1\ i ~. >' a a~. 19 ' ~ ~~{{`cu ~J1 rp~I}~•Ir ?/ f..~. F s '+ ~ ~! /J~f~ rq y N'.M i r t;~, ~~~~ , ~ ~ a': t RI•~V1t, ~IY~19t'-~~~'~r~`r iM}~ ~t~~! r ~~~., x V. ~ * .. rx~~ rf .. , } ,} .:~^ ^ . ~ f ~ ~,~Y rr ~ } k'xy '~ r ?'~ h -r4ro 3 t .~ °+~ -F tr t :.p~, `r5 ~''ir. ,y } ~- .7 ~~•~' ~ ~ ~~ y.r ~ `"' ~~ f {° r .i+ ~''}, ( r .~' ~~~` ~~~~ a! r %Hr~~ Sri ~"'s ,. ; ~- ~ ~i'~l` ` r ~ ~„ ~~~ ` r `}, <~O. . r, wL ~~N:~ r '},.~ x } a 4r~ ~ ~ '` "}, `' F~~:}T`t;' ~ r l.` J '4 •r..:. • • PURPOSE REGULAR FOLLOWUP 2 COMPLAINT 3 OTHER 4 CHILD CARE HEALTH STANDARDS Based on the survey conducted this day, the items checked below identify the operational or facility problem(s) which should be corrected: TYPE OF FACILITY: ( )FAMILY HOME 13-1 ( )GROUP HOME 13.2 ( )~ CENTER 13.3 ( )OTHER 13-4 FACILITY # EHS # S"S~ DATE 9'~~~--~ ICCP INSPECTION TIME - LICENSURE INSPECTION TIME FOLLOW UP NEEDED io ~ r 5"~ ~~ O ER NAME } FACILITY NAME F ILITY ODRESS C ZIP I CT BY DATE ~~5 REC /~D BY - DATE , ~rf ' till. -/ , ITEM DESCRIPTION X COMMENTS 1 AGE OF PROVIDER O A 2 CHILD STAFF RATIO ~)p ~~ d 0 12 MOS. ( ) 13 - 30 MOS. ( ) 30 + MOS. ( ) MIXED AGE GROUP ( ) 3 FooD souRCE EMARKS 4 PRODUCT TEMP. 5 MAINTAIN TEMP. 6 THAWING FOODS 7 RESERVED FOODS 8 UNNECESSARY HANDLING ~J C ~~ iC ' _ 9 FOOD PROTECTION ~ 10 DISPENSING FOODS l- ~ `~" (~ 1 1"1[1 11 PERSONAL INFECTION (1~~ ~ ~ ~ - 12 HYGIENIC PRACTICES ~ ~ 13 CLEAN CLOTHES ff ~ ~ a• ,,~Q~t.() cX G c~:. Q~ (,,} , ~ C h ~. ~ G 14 FOOD CONTACT . 15 NON-FOOD CONTACT / ,{, ~'~' {{ r' J ,~ '\ ~ ~_~ C.,1' ` !~ Y/Ct-C. ~1~.Q~ V ~ h1h+,yv~ ~CCtpr 16 DISHWASHING (~ ~ ~ ~ / ~ y~ O ~ 17 WIPING CLOTHS 0 ~ ~,t ~ ' 18 UTENSIL STORAGE ,Q 19 CROSS-CONNECTIONS SGC~ ~~~ i ,J' ~ f:Gi.. -~p R' d j/'{7~~fr ' 20 PLUMBING ~ ~ 21 GARBAGE / S -~-eA~ d ~..~ f ~ 1~ c' (.J .'~ /'CLt,~-Q~ 22 TOXIC STORAGE _ ~~ 23 WATER SUPPLY 24 HAZARDOUS SUBSTANCES 25 ~ EMERGENCY COMMUNICATION 26 POLICIES 8 PROCEDURES 27 PROVIDER READING 28 IMMUNIZATION RECORDS ~~ .~ ~ 29 SMOKE DETECTORS FIRE EXT. & _ 30 CHILD ACTIVITIES 31 HANDWASHING 32 CPR FIRST AID -i RECOMMENDATION: (~ ISSUE~LICENSE (AL) ( ) DO NOT ISSUE LICENSE (AM) ( ) NO RESPONSE (A#H) Shaded area is used for Licensed D Care survey Both shaded and unshaded areas are used for ICCP survey HW-0387 • • STATE OF IDAHO DEPARTMENT OF HEALTH AND WELFARE TEMPORARY BASIC DAY CARE LICENSE The holder of this temporary ;Basic Day Care License ALL ABOUT KIDS INC./JERRY COBLER Name of Facility/Applicant 1155 E. CHATEAU, MERIDIAN, ID 83642 Address of Facility has applied for a Basic Day Care License pursuant to the requirements of Idaho Code 39-1101 through 39-1117 and the completion of a fire inspection and health inspection establishing coupliance with Idaho Code Sections 39-1109 and 39-1110, and the requirements of Idaho Code Section 39-1105 regarding r_riminal history checks are currently pending. Your temporary Basic Day Care License authorizes you to provide day care pending the completion of the fire and health inspections and criminal history check, if one is required, up to one hundred twenty (120) days unless otherwise extended by the Department of Health and Welfare. You are temporarily licensed as a: X Day Care Center _ Group Day Care Facility Day Care Home From SEPT. 10, 1996 to JANUARY 8, 1997 Effective Date Expiration Date The issuance of a temporary Day Care License does not establish that a facility is free of risk. Primary responsibility for evaluation and selection of day care services rests with paten*_s and/or guardians. Idaho Code Section 39-1101 and 39-1117: your temporary Basic Day Care License must be ~•,,sted in a conspicuous place at your facility, and a copy of Idaho Code Sections 39-1101 through 39-1117 shall be available on the premises at all times for staff and parents to read upon request. Regiona Director ~' \\- ~~ Date Social Security Numbers Jerry Cooler - 519-52-5450 Tammy Rose - 519-96-2888 WILLIAM G. BERG, JR., City Cleric JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chfef WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA E R C ENN R. BENTLEY G 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY 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 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: May 71996 TRANSMITTAL DATE: 4/22/96 HEARING DATE: 5/ 14/96 REQUEST: Conditional Use Permit for Child Care Center BY: Jerrv Cobler LOCATION OF PROPERTY OR PROJECT: 1155 East Chatea JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 & 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 NAME: ~errU C~ , Ce b1~r PHONE: 3.3~- /O.Sy~ ADDRESS: lP$~ Do ~s mZ, L~ n e , ~cZj 1~ L 7~ ~-3~~~v GENERAL LOCATION: I~SS E C'~~tC lea c~ ~r i~ y ~ DESCRIPTION OF PROPOSED CONDITIONAL USE: C~ i ~~ ~Y~ C~~' ~o sPirv~ u~ ~ a-~ ~~; ldVe~,~_ ZONING CLASSIFICATION: fiZ 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 (submit 35 copies). ~. ~~~~dr/~~~( Signature of Applicant 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 at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK ,LOT TO Carla L. C)lson .PLANNING CONSULTING 4735 E. Castlewood Drive Meridian, Idaho 83642 Tel:(208)378-4530 Fax:{208)377-4202 March 25, 1996 Shari Stiles, Planning Director City of Meridian Meridian, Idaho HAND DELIVERED Dear Ms. Stiles: Attached is an application for a child care center, which I am submitting as a conditional use, on behalf of Jerry O. Cobler. From our conversation on the 15th, I understood that parent parking could be allowed within the 20-foot front setback. There is adequate room for two parking spaces in the existing garage and two parking spaces in the existing driveway. Two additional parking spaces aze proposed (spaces 5 and 6 on the site plan) on the west side of the existing garage and driveway. We aze requesting those two additional spaces to be compact-size spaces, to allow a 4.5' wide landscaping azea next to the west lot line. The applicant hopes to eventually serve twenty-five children at this center. However, it will likely be some time before that number is reached. We request that the Planning Commission consider a condition of approval to allow that the two proposed parking spaces and the second fenced play yard (in the front yard) be added at such time as the enrollment at the center reaches twenty children. This application is complete, to the best of my knowledge. However, if there is anything missing that is needed for the application to proceed, I commit to providing it to you within one working day. I respectfully request that you provide me that opportunity, rather than deferring this application to a later hearing date. If you have questions or need additional information, please call me at 378-4530. Thank you. Sincerely, Carla L. Olson CONDITIONAL USE APPLICATION Applicant/Purchaser: Jerry 0. Cooler 686 Dolson Ln. Eagle, ID 83616 Property Owner: Cecil H. and Jane A. Flemings, ;;1~/(~ ~,j7e S¢ar ,Po~~, ,jj~Q, 83G.sI Contact Person: Helen Cobler, United Realty, 799 S. Orchard, Boise, Idaho 83706 phone: 336-1054 Planner: Carla Olson, Carla L. Olson Planning Consulting, 4735 E. Castlewood Drive, Meridian, Idaho 83642 phone: 378-4530 Legal Description: Lot 2, Block 1, of Meridian Place Subdivision No. 1. Proof of Ownership: See copy of Warranty Deed, attached. Description of Existing Use: One single family residence. Present Use of the Property: One residence on one lot. Proposed Use of the Property: A child care center to serve up to twenty-five children. Zoning District: R-8 Vicinity Map: See map attached. Characteristics Which Make the Conditional Use Desirable: This large, one-level home is located across the street from Chief Joseph School, and within a neighborhood with many young families. The child care is not expected to draw children from all over the valley; there appears to be an existing need within the neighborhood for quality child care. And, the proximity of the child care center to the elementary school will make it handy for before- and after-school care of elementary students, aswell as aone-stop destination for parents delivering older children to school and younger children to the child care center. Because the child care center expects to attract clients from within the neighborhood, many of whom are already travelling to Chief Joseph School, the child care center should not noticeably increase traffic levels. The size and layout of the home lends itself nicely to operating as a child care center. The rooms are spacious, airy and well lighted, with separate areas for playing, sleeping, and eating, and two restrooms for boys' and girls' rooms. There is a fenced back yard suitable for outdoor play. The child care operators plan to provide a second fenced area in the front yard, to accommodate two different age levels playing outdoors at one time. Mailing List of Property Owners Within 300': See attached. Property owners adjacent to the property were contacted prior to preparing this application. Later, all property owners within 300' were contacted and provided the opportunity for a meeting to discuss the proposed child care center. Application Fee: See attached. Applicant's Statement: I, the undersigned applicant, agree to pay any additional sewer, water or trash fees or charges, if any, associated with the new use of this property. If the property is sold or otherwise conveyed to another party, I will disclose that obligation to the purchaser. I, the undersigned applicant, have reviewed this application and verified tha± all statements are true and correct to the best of my knowledge. ~~ ]~ ~~~~~~~ ~ Ap i ant ~ ~_ ~,Z~~ c7~ Owners' Statement: We, the undersigned owners of the property which is the subject of this application, consent to the filing of this application. Cecil H. Flemings, Owner ane A. Flemings, O r STATE OF AfiIZONA n GOLINTY G~fi RdAR1COPA } ~' ~ _ l , ~ 8 ~ ~ " inst t was acknowled before me his! sLd2y of / " ~ ~ ~~"'" ~ess~whereof 1 herew~ s~my ha d and official seal. NOTARY PUBLIC Aflidavit of Notice Posting This affirms that I, Carla L. Olson, of 4735 E. Castlewood Drive, Meridian, Idaho, will bear the responsibility of posting a Notice of Hearing sign on the property located at 1155 E. Chateau Drive, Meridian, Idaho. Said property is the subject of a City of Meridian public hearing for a conditional use application for a child care center. I affirm that I will post the sign no later than two weeks prior to the scheduled public hearing. Carla L. Olson ~99~ C ~~o~, ~Q~~G~ ~ ~..•°i~, NE1V~'••.~ ,a ~,,,......,,,~Q~. .~,~. ~s ~~~: ~pT AR Y • ~'~ S~` * •: P V Bti1G •:: SO~ ~''•~~ TE olr 14P'' ~r~~y 9~.~~ ~~r~~~ rtt~Y~~w'C/ c"n- J G ~-ti~aca2 ~ ~ t ~^/~1 ~~~~~}~ ~~~~ .~~ Case # .41752 ~1-„ .TPor Value Received Paula Patterson, a single woman 1b~~i .~Q~U i 9+3 the grantor , do hereby grant, bargain, adl and convey unto ~ltC~lsrH.tPinminga alsd'san~' ~A:%~,~FSemfYi~s, husband and wife whose current address is 1155 East Chateau Drive ' Meridian, Idaho 83642 the grantee a the following described premises, in _ Ada County Idaho, to wit: TiOT.' 2 * IN;'BI,OCIf OF LSD il}1C SVTSIO1t~N0~`7i~ ACCORDING TO THE OFFICIAL PLAT THi,REOF FILED IN $OOK~47 OF PLATS; AT PAGES 3837 AND 3838, AND AFFIDAVIT RECORDED JUNE 23, 1989, AS INSTRUMENT.N0.:89229164, OFFICIAL RECORDS OP ADA COUNTY, 3DAH0. ~O HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee 8, their heirs end assigns forever. And the said Grantor do hereby covenant to and with the said Grantee a that she the owner in fee simple of said premises; chat. they are Gee from all incumbrances and that she will warrant and defend the same Gom all lawful claims whatsoever. ~ated: March 21, -1995 Paula Patterson , It7I ATE OF 1DAH0, COUNTY OF Ada ~ ~ O !" ~ •J `, ~} o~ thh list dar of March ~ 19 9s q[AIIERICAN ~r1D TITLE CO. before me, a rotary publk In and for ,old State, per,onallr appeared ! , ~ .: ;'., Paula Patter .~ ~~~) known tom be~ ~~ ose mbecribed a hln I me Eck ledaed to me that rt np r. -. ~'I~ 1 ~ 1 sihe `# '~ $ ecutedthenme. '~5 ~~11f~ L! ~ ~~ _ Norarvpublie FEE ~ -- .~aEST 0 Su an Quall RrCGI~~•- .~ ,. Re,Id~ sa wilder ,td.he. Com .Explra 3/8/2000 • Ada County Assessor's Records Show the Following to be Owners of Record of Properties Within Three Hundred Feet of 1155 E. Chateau Drive, Meridian: Property which is the subject of.the conditional use application: Cecil H. and Jane A. Flemings 1155 E. Chateau Drive Meridian, Idaho 83642 Other properties: Steve and Lori Hihath 1185 E. Chateau Meridian, Idaho 83642 Donald and Freda Crow 3929 Mountainview Drive Boise, Idaho 83704 Timothy and Barbara Dopp 1122 Torrington Street Meridian, Idaho 83642 Richard and Theresa Duncan 1164 Torrington St. Meridian, Idaho 83642 Steven C. Sherman 1184 Torrington Meridian, Idaho 83642 Craig and Marjorie Dayley 1190 E. Chateau Drive Meridian, Idaho 83642 Theodore and Susan Gavin 1150 Chateau Meridian, Idaho 83642 Jeffrey and Theresa Connolly 1120 Chateau Meridian, Idaho 83642 • • Kevin and Annette Gilbertson 1183 Torrington Court Meridian, Idaho 83642 David and Betsy Hansen 1171 Torrington Meridian, Idaho 83642 Allen Mair 1151 Torrington Court Meridian, Idaho 83642 Charles and Gail Howarth 2094 Jericho Way Meridian, Idaho 83642 William and Sue Behn 1124 Willowbrook Meridian, Idaho 83642 Joel and Nickoli Tompkins 1144 Willowbrook Meridian, Idaho 83642 Robert and Terri Grimm 1184 Willowbrook Meridian, Idaho 83642 Vanita Stuart 1194 Willowbrook Meridian, Idaho 83642 John and Mary Ball 1057 Chateau Drive Meridian, Idaho 83642 Patricia Reed 2167 Jericho Way Meridian, Idaho 83642 Eddie and Ruth Thomas 213 7 Jericho Meridian, Idaho 83642 • • Donna Plant 2095 Jericho Meridian, Idaho 83642 Richard and Bonnie Backus 2061 Jericho Meridian, Idaho 83642 Ermine and Michelle Davis 1014 Claybourne Meridian, Idaho 83642 Jerry and Micheline Young 1010 Claybourne Meridian, Idaho 83642 Fritz and Karin Cordes 2191 N. Zircon Pl. Meridian, Idaho 83642 Sheila Poole 2167 N. Zircon Meridian, Idaho 83642 Kevin and Sally Bouvia 2139 N. Zircon Pl. Meridian, Idaho 83642 Patrick and Karin Sandfort 2123 N. Zircon Pl. Meridian, Idaho 83642 Eric and Jennifer Anderson 2107 N. Zircon Pl. Meridian, Idaho 83642 Frederick and Kamala Free 1110 E. Chateau Drive Meridian, Idaho 83642 Mike and Christine Reed 1080 E. Chateau Road Meridian, Idaho 83642 • • Thomas and Lynnette Dever 1030 E. Chateau Drive Meridian, Idaho 83642 Terry and Angi Gergen 1008 E. Chateau Drive Meridian, Idaho 83642 Zachary Evans and Melanie Harris 1392 E. Chateau Drive Meridian, Idaho 83642 Mark and Nancy Harmon 2210 N. Zircon Ave. Meridian, Idaho 83642 V '` ~~ ~~ ~s~ y. ~. ~n • ~.`'`f s .-C} ~`~ r~ X~ C~ +.. ~. ~. ~ ,. , ,~ ~~ -_ ,,.;, , so.oa s, ~, ~~' ~ . a,. ~ 1 . - ~ . a ~-- . ~. ~ ~.- ~' ~7" ~ ~ ad, e '. ~ ~' ,6/, ~ ~ / ,.. ~ • ~' c t ~ '~~ - - ~ ~' _ . ( • ~ i. ~~ \\ ,JJ Y ~, ~ . ~ ~ ..~ ~ ~~ - ~ { ~ :-~ . ~ ; . ~, ~ ~ ~ ~ ~ . ~ ~ ' ~~ ' z ,~- ~ ~U - Q- - d ( ?' ~ O 5- 0. ~ cvr a ' 3 ' .. :o . ~ ~~ ~~ f ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on May 14, 1996, for the purpose of reviewing and considering the Application of Jerry Cobler, for a Conditional Use Permit for land located in the Lot 2, Block 1 of Meridian Place Subdivision No. 1, Boise Meridian, Ada County, Idaho, and which property is generally located at 1155 Chateau Drive. The Application requests a Conditional Use Permit for a Child Care Center to serve up to 25 children. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 25th day of April, 1996. WILLIAM G. BERG, JR., CI ERK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on July 16, 1996, for the purpose of reviewing and considering the Application of Jerry Cobler, for a Conditional Use Permit for land located in the Lot 2, Block 1 of Meridian Place Subdivision No. 1, Boise Meridian, Ada County, Idaho, and which property is generally located at 1155 Chateau Drive. The Application requests a Conditional Use Permit for a Child Care Center to serve up to 25 children. Amore particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 26th day of June, 1996. WILLIAM G. BERG, JR., I CLERK C] Meridian City Council July 16, 1996 Page 4 Morrow: Mr. Mayor, I would mope that we approve the final plat for Hummingbird Subdivision by Gary Bird subject to staff conditions. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley that the final plat for Humming Bird Subdivision be approved subject to conditions of the Engineer, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER BY JERRY COBLER: Corrie: I will know open the public hearing and invite the representative from the child care center to speak first. Carla Olson, 4735 East Castlewood Drive, was sworn by the City Attorney. Olson: Mr. Mayor and Council members I am here tonight as a planning consultant representing Jerry Cobler the applicant for this neighborhood child care center that he is proposing as the lot that is directly across the best way I can describe where it is, it is the lot that is directly across the street from Chief Joseph elementary school. We feel that this is an ideal existi~ 1g building, it is unusual to find in a neighborhood in terms of being able to convert it to a child care center. We also feel that it is an ideal location. It is is a large one level home, again it is located directly across the street from Chief Joseph school so there is a lot of child activity in the area anyway. It is within a neighbofiood, it is largely single family detached housing with many young families. The child care is really not expected to draw children from all over the valley, there appears to be an existing need within this nf'ghbofiood for quality child care. The proximity of the c; iild care center to the _ elementary school will make it handy for before and after school care of elementary students as well as a one stop destination for parents delivering older children to school - and younger children to the child care center. Because the child care center expects to attract clients within the neighborhood many of whom are already travelling to Chief Joseph school the child care center should not noticeably increase traffic levels. The size and the layout of this existing home lends itself nicety to conversion to a child care center. The rooms are spacious, airy and well lighted with separate areas for playing, sleeping and eating. It has two restroom for boys and girls rooms. There is a fenced yard, actually two fenced yards suitable for outdoor play. The child care operators plan to accommodate two different play levels playing out doors at one time. We have worked extensively with your staff and with other agencies to meet all the requirements that apply to day care Meridian City Council July 16, 1996 Page 5 - centers. The applicant is very concerned about wanting to be a good neighbor in this area. He has done a great deal of out reach to the neighborhood, he is hoping the neighborhood will support his center that neighborhood children will come to his center. And that he certainly wants to fit in and be an amenity to the neighborhood. We kind of went the extra mile in contacting people before submitting this application. We contacted adjacent land owners before applying. We individually delivered notices after applying to each resident within 300 feet. Before tonight's meeting we contacted everyone by phone who had expressed any interest or concerns throughout the process. In every contact we have asked that if the neighbors have any site plans concerned that we would certainly try to accommodate them. Again it is very important that we be a good neighbor. I will try to keep this brief tonight I can see that you have a horrendous agenda ahead of you. I guess in summary your planning staff, APA's planning staff and your planning commission have all recommended approval of this application. The applicant Jerry Cobler is here to answer any questions that you might have. We would request that if in this hearing that new issues are raised that we have not had an opportunity to address we would request that you allow us time by continuing to the next meeting so that we can address them. Are there any questions? Morrow: I have one, in the draft copy of the findings of fact and conclusions it indicates that it is concluded that if the owners consent of this use is not delivered to the City this should be denied, has that consent been in fact delivered to the City? Olson: Yes, ,that is actually not an issue, the application included their signatures approving of the application being submitted. In fact in the meanwhile Mr. Cobler has obtained the property, has purchased the property. Corrie: Any further questions of Ms. Olson? Thank you, anybody else from the public that would like to enter testimony on this agenda item? Greg Crow, 2162 Jericho Way, was sworn by the City Attorney. Crow: I live at 2162 Jericho Way, which sits directly behind the proposed site in question. I wanted to express my opposition to the permit for the child care. I can probably sum it up in one word and that is more, more traffic and more noise. I moved here about a year and a half ago and once I moved in there the people directly across the street on Jericho wanted to have a day care and I didn't object to that one at the time. And that was for four or five children. Since then there has been traffic across the road there and in this day care being behind me it is going to be a day care basically in front and behind me which is going to be added traffic coming in and out. More noise, during the school hours which she made the point that it would be an excellent location for the school and that f agree on but also I think it will contribute to the traffic that is coming and going out of the school there. • Meridian City Council July 16, 1996 Page 6 And possibly even a safety violation for kids walking along the street. I have counted between 90 and 120 cars that pass through there in the morning to drop their kids off or pick their kids up which they park along both sides of the roads when they pick them and also when they take them to school. So, in my feeling it would be just too much congestion there. And plus through the normal day hours, more traffic more people coming in and out of the area. My personal opinion is I would have no problem if it was something smaller but I think something this scale would be a little too large. And I, the final thing would be the monetary or financial losses to me if I decide to resale my home if the day care wasn't kept in the appropriate manner. Thank you Council. Corrie: Council, any questions? Rountree: You indicated you wouldn't have a problem if it were smaller, could you quantify what that means? Crow: Well the one across the road is 4 to 5 children is what they have and again there are cars parked in front of their house. So I could live with something like that or that would be feasible I would expect. Corrie: Any further questions from Council? Thank you, anybody else from the public that would like to enter testimony? Council, discussion. Rountree: My comments would be is that it appears that Planning and Zoning draft findings of fact has been available for some weeks pretty much covers the issues. And conditions the day care to be within City ordinances, requiring off street parking, pick up spot for children, play areas, fencing, State licensing, and meeting all other conditions of the City. 1 think with those conditions it appears that this would be something that 1 could look upon favorably. Morrow: I don't think that there was substantial different testimony here in the findings of fact and conclusions. I do think that by ordinance you would not limit the size or number of children that can be in this particular day care at this location. Rountree: Yes and I think Shari can give us the numbers on those. Stites: I am sorry Councilman Rountree, what did you ask? Rountree: The break down of numbers and the various types of day care facilities. Stiles: The family day care if 5 or fewer children, the group day care would be 6 to 12 and over 12 would be a regular day care center. , • • Meridian City Council July 16, 1996 Page 7 - Tolsma: How high is your fence in the proposed front yard (inaudible) Olson: Councilman Tolsma, the front fence, the chain link fence along the front is four feet high, the remainder of the fence along the sides and the back of the property is an existing wood fence that is six feet high. Tolsma: Did you get a copy of the letter (inaudible) Olson: I received the letter that was submitted in advance of the Planning and Zoning Commission meeting unless there is a more recent one. Tolsma: They wanted a chain link fence to protect (inaudible) Olson: Yes, and I have talked with Mrs. Hihath a couple of times about that issue. Apparently the wood fence is actually on the Cobler's property it is their fence. But of course being a boundary fence they were concerned that it not be broken down by the activity of the children. In talking with other day care operators and so forth it is typically not a problem because the children unlike even a regular single family home situation children are constantly supervised when they are outside. So they wouldn't be allowed to climb on the fence that would be unsafe for the children as well as a problem for the fence. We feel that will be dealt with by good management in the day care center. Tolsma: But the fence (inaudible) because of the lower fence. Olson: That would probably be the case, in addition to the four foot fence there is a row of rose bushes that have been planted between the fence and the street which we think will provide an even better buffer than the fence. (Inaudible) Tolsma: That is all that I had. Corrie: Are there other questions from Council? Hearing none I will close the public hearing. Council your pleasure? - Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions as prepared for us by Planning and Zoning Commission. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that we approve the findings of fact and conclusions of law prepared by the Planning and Zoning Commission, any further discussion? Roll call vote. ,. a • Meridian City Council July 16, 1996 Page 8 ROLL CALL VOTE: Morrow - Yea,'Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Decision or recommendation? Morrow: Mr. Mayor, The City Council of the City of Meridian approves 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 that the use should be denied if the owner does not give his consent. Rountree: Second Corrie: Motion by Mr. Morrow, second by Mr. Rountree on the decision and recommendation any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-G BY LAMONT KOUBA AND RICHARD JOHNSON: Corrie: I will open the public hearing now, and is there a representative. Bob Daugherty, 5001 N. Eugene, Boise, was sworn by the City Attorney. Daugherty: Mr. Mayor and Council members w+e are here on behalf of Lamont Kouba, he has a piece of property that is situated at 835 East Fairview Avenue in Meridian. He is proposing a commercial development, the property is a little under 4 acres, 3.78 acres. The commercial development he is planning on that is he is proposing would be geared towards the automotive and recreational industries, primarily sales and service. In your packet you can see the initial building that is facing Fairview, he is proposing a jet ski dealership and an automotive parts store that would be in the first two buildings. The ~- other three smaller units to the south are, would be unoccupied. at this point but he has been talking about the possibility of like an espresso shop, something similar in that nature and the rear buildings. That area is more conceptual in nature and that is something that we had discussed with staff members. Those buildings would be geared even more so toward the automotive type industry, as far as service type facilities. There has been discussion of items such as a welding shop, perhaps automotive detail, RV repair, things similar to that. I believe that through the Planning and Zoning Commission we have pretty much met all of the staff requirements as far as our set backs, our requirements as far as the utilities. Currently on the site or previously on the site there was. a single family MERIDIAN CITY COUNCIL MEETING: July 16 1996 APPLICANT: JERRY COBLER ITEM NUMBER; 3 REQUEST• CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS P 8~ Z MINUTES FROM 5-14-96 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW 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: "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: AEI Materials presented at public meetings shall become property of the City of Meridian. ~ w Meridian .Planning & Zoning Commission May 14, 1996 . Page 16 all those in favor? Opposed? MOTION FAILED: 2 Yea, 2 Nay, Chairman breaks tie -Nay Johnson: Is there another motion? Oslund: I move that we recommend to the City Council, or that we approve the preliminary plat with the following addition that being including a landscaped easement between the development and Storey park for the entire perimeter of the application. Johnson: Motion dies for lack of a second. Is there another motion that someone would like to make. Is there any further discussion at this point. I didn't have a whole lot of problem with the first motion with the exception that the streets weren't addressed and that seemed to be a concern of staff. Shearer: Fifty foot easement rather than a 40? Johnson: Well I think some things need to be worked out with staff, I don't care how you phrase it, you can phase it however you want. Hepper: I move that we recommend approval to the City Council with the stipulation that a landscape buffer fora 8 foot fence be constructed along the perimeter north of the westside of the City park, that property line adjoining those two sides of the City park, the east side of the City park. Also that access to the sewer be negotiated with the applicant to the staffs satisfaction and also that the width of the streets be negotiated with the City staff. MacCoy: Second Johnson: We have a motion and a second, any other discussion regarding the motion? Shearer: I think we are developing a lot of fences that is going to be hard to do anything with. Johnson: Any further discussion? All those in favor? Opposed? MOTION CARRIED: 3 Yea, 1 Nay ITEM #7: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER BY JERRY COBLER: • Meridian Planning & Zoning Commission May 14, 1996 Page 17 Johnson: At this time I will open the public hearing and invite the applicant Mr. Cobler or his representative to address the Commission. Carla Olson, 4735 East Castlewood Drive, was sworn by the City Attorney. Olson: Mr. Chairman, Planning Commission members, 1 am a planning consultant and I am here tonight on behalf of the applicant on this child care center. I was really pleased when I was approached by the applicant on this item to be asked for help with it because in reviewing the site and the building that it is proposed for the child care center I was really struck by what an ideal location this building (inaudible) for a child care use. In other words I was pleased that I wouldn't' have a hard sell with you tonight I really think this is a pretty easy project to sell to you. This property is particularly well situated for a child care center in that it is right across the street from a main entrance to an elementary school. It is in a neighborhood that is largely people by young families with young children who could certainly use the day care center. The fact that the school is right across the street makes it particularly well suited for people who have children in school and too young to be in school they can drop them both off at this center for before and after school care and for all day care for the younger students, children. The building is also particularly well suited. I have found in other centers that I have reviewed that it is hard to find a building that was built for a single family dwelling. In most cases it is very hard to convert them to a child care center use. That was not the case with this center, this is going to require very few, very minor modifications to turn it into a child care center. It is already blessed with large open rooms which is one of the key things when you are trying to keep track of all the children in a child care situation. In addition to the mailed notice that the City provides on this application we also notified individually notified neighbors in two different ways. Some weeks before submitting the application I made phone calls to the adjacent neighbors, all the way around this property, to let them know that we were thinking of submitting an application and to ask if they had any concerns that they wanted to be sure we addressed with the application. Also, a week or so ago I took door hangers around to all properties within 300 feet to let them know that we had submitted the application and gave them a little back ground about it and again asked if they had any concerns that we would happy to .meet wit them and try to work those out. It is very important to this applicant that the child care center be a good neighbor, wants it to be an integral part of the neighborhood, wants the neighbors to support it, wants neighborhood children in the child care center. So any concerns that neighbors we want to make sure we provide an opportunity. to work those out. Actually only one neighbor took us up on that. Had a telephone conversation with Teresa Connolly, one of the neighbors to this project who had _ concerns about the elementary school traffic patterns and drop off patterns along Chateau = Street in front of the school. I contacted the school to try and get more information about that situation. Unfortunately I have not gotten a call back from the principle there as far as whether any plans are in the works for trying to relieve the traffic situation in front of the Meridian Planning & Zoning Commission May 14, 1996 Page 18 school during school hours. We feel that the child care center will actually relieve more traffic concerns then it creates. This will allow parents that are using the center hopefully a good number of them with school aged children that would otherwise be dropping them off in front of the schools, provides an opportunity for them to actually pull off the street into the driveway or in that case in the center so that they are not stacking up on the street trying to get into the school. We expect that because this is a neighborhood child care center that many of the people that maybe now are stacking up in the street will be using the center. There was also, although this is not a neighbor that contacted me there was in your packet a letter that a neighbor received from the neighbor to the east with a concern about the fencing situation. I would like to preface my comments by saying assuring the Commission that there was no sinister intent on my part to misrepresent want kind of fencing exists on the east side of the property. It was the result of poorly legible field notes that I misinterpreted later. I apologize for that, there is an existing wood fence on that east side of that property as mentioned by the homeowner on that side. The concern that she expressed in the letter was the children might be allowed crawl on that fence and she suggested that it be changed to a chain fink fence. That is a good solid wood fence on that side it is about 5 to 6 feet tall. It is in good shape and the children that are playing out in the play area would be small groups at a time and they would be supervised at all times by staff. So climbing on the fence should really never occur, shouldn't be any, for one thing it would be a safety concern, you can't allow little kids to climb over fences. If that is a real critical concern of this Commission I would be more than happy to try and work with those neighbors on an acceptable solution but we really don't feel it will be an issue. Children will be actually .supervised all of the time if they are in the play area which is not even the case with a single family residential use. So we think that is a good solution to that problem. We have gone over all of the conditions and suggestions in the staff report. We don't see any problem with those, although I would like to ask that for clarification on two issues. In our application regarding parking area, in our application we had requested that the two future parking spaces on the west be allowed to be compact size and that they not be required to be constructed until the enrollment in the child care center reaches 20. I didn't see that really addressed one way or another in the staff report. I would just like to find out which way you are leaning on that. Johnson: (Inaudible) we would be leaning on that to interrupt you is that it would be difficult to police that when would you reach 20 children, how would we know. When we make conditions like that or agree to things like that we often don't do a very good job of following up just because we are limited by the number of people we have working at the City. It would be bet not to recommend approval on things that might happen when you reach a certain point because we might not know when you get there. That is a difficult thing for us to do. Olson: One of the things that was suggested by staff and which we don'Y have a problem i ~ Meridian Planning & Zoning Commission May 14, 1996 Page 19 with would be reviewing this application a year from no~ .. s haThere was also ap equest at which you could check on that requirement rf you so ch that the front play yard which is actually an additional play yard that is not required in any way it would be nice to have two different play Yasame time. That fron ~ ncedeplayyard groups that wanted to be playing out doors at the shown on the staff report also not required unti1.20 children one eearl o aupdate. IW~hthat I is something you can check on when you come back Y would like to close by just asking the Commission to please forward thito answee any Council with a recommendation of approval and I would be happy questions. Johnson: Fine, we probably do have some question Wantftormake th s available to youe receipt of a letter of o ejeCUbl cthearingpyo have an opportunity to review that. This extra so as we continue th p copy is here for you, I believe we didn't get this until somewhere around 7:00 tonight. Any questions of Carla by the Commissioners? Oslund: Do you have any pictures of the site with you? Olson: Photographs, no I am sorry I don't. Oslund: What is the having not been in this neighborhood what is the character of this neighborhood, how old is it? Olson: I would say it is a fairly new neighborhood, I sam time ~ amlguessing onltha rms of it looks like the subdivision was built around the Oslund: And the structure that you are proposing this use in is, was originally constructed as a single family residence? Olson: Yes, I believe it is about 11 years old. Oslund: And your parking now, I see that you have six sp ed for instanceutBecause you of those are usable to the general public without being trapp have 2 spaces that are in the garage and 2 sPa threeaof those w' ould be reaelly available in the side yard and looking at it it looks like only to the public without it being very inconvenient of parking. Olson: Four would be available to the public, two in the garage would be intended for staff. • Meridian Planning & Zoning Commission May 14, 1996 Page 20 Oslund: But do you see what I am saying in terms of space number 5, if I pull into drop my kid off and I pull into space 5 and somebody comes. in behind me and parks behind me. Olson: Oh I see what you are saying about that space. Typically the-drop off and pick up time is fairly short so nobody would be trapped for very long. Also, the intent is at the time that the day care center exceeds 20 children there will probably be a necessity for a third staff person depending on the ages of the children, it depends on the formula. That space number 5 would be for a staff person. MacCoy: I had some of the same comments that Greg had I went out to that establishment and took a look at it and I was concerned the same as he was as to adding up the numbers to see how they are parked in here. Let me get this thing correct. Slot 1 and 2 and 5 are all staff slots? Olson: Well 5 would not necessarily be a staff slot, slots 1 and 2 would definitely be for staff. MacCoy: Well you say down the road. Olson: Down the road slot 5 may be needed as a staff space. MacCoy: The really only usable ones that you have are 3, 4 and 6, and I am not even sure, 6 might be, well it is a compact car to begin with.. At that time I guess when you put in correct me if I am wrong, since you have existing paving in 3 and 4 are you proposing to put the next paving in for number 6 or 5 and 6 right away. Olson: That is the one we are requesting to put in after 20 children. We won't need (inaudible) MacCoy: That is the same with the proposed play yard out front that will not be used for a play yard until after 20 children. Olson: That is right, there is adequate space in the back for a play yard. MacCoy: The height of the chain link fence is what? Olson: The existing chain link fence is about 4 feet which is the area that parallels, that lines up with the front of the building, that is chain link. Then there is the chain link fence that is north or south of parking space five is about 4 foot chain link. MacCoy: And the other fence is how tall? • Meridian Planning & Zoning Commission May 14, 1996 Page 21 Olson: The other fence is five to 6 feet tall. MacCoy: And the age of the children that will be playing in this area are what? Ison: From the playing outside age up until probably sixth grade for the before and after O school care. MacCo I am concerned about your four foot fencenters that have four foot h gh Y neighborhoods here and looked at a number of these care c fences and I have watched kids they are over the top an o9oas nou turn your back kids a~e say you have a staff person always available but as sn that height. Along the front part quick. I suggest that you might want to reconsider upp 9 the ro osed play Yard for the future we won't get into the fe aceflowers and shrubs, are of p P find out by that time what you are going tom eto be something that will be the height of these shrubs to be low shrubs or are they g 9 four or five feet. Actually give a visual break for your neihabarea a play yaad wh~ch t ey have got now the front yard of the home the resident in t have to look at. Olson: We are certainly open as to what types of or what ht in there but we are open to us to put in there. We were intending to have some pu suggestions as to what height you would like to see. MacCo :Since you said (inaudible) take into consideration door to thi you ght want to Y location herein. If you are living across the street or next k ve seriously about putting in some shrubbery in there tthewme being thates all I thin ry that front play yard and also help the sound qualities too. or am going to ask. Johnson: Any other commissioners that have questions of Carla? He er: I have one, is this going to remain a residence, is there going to be somebody PP living there? Olson: No, it is just going to be a child care center. Hepper: What would the hours be? licant is here, he could probably speak to the operational characteristics Olson: The app better than I can. • Meridian Planning & Zoning Commission May 14, 1996 Page 22 Hepper: Okay, but during the evening and night there wouldn't be anybody there? Olson: It is not my understanding that it will be an all night center, no. Oslund: I have another questions for you, in addition to getting a permit through the City eridian ou will also need a permit through the health department, is that correct? of M Y Olson: That is right. d: Have they indicated to you and I have never seen anything on thi dardsan termsnof Oslun that you can hopefully answer this, does the State have any kind o s an lications square footage needed per child if you are loouess between the scope of these kinds of some in for 12, 12 is kind of a break point I g facilities. I am concerned that with 25 kids and what was oribe ancredibleedArebthere any family dwelling the crowding I would think is going to standards on this? Olson: Yes there are standards and this building exceeds those standards by quite a bit for 25 children. This is a large single family home. Oslund; What is the square footage on this. You have some dimensions on here. It is just a single story? Olson: Yes Oslund: It looks like you can't be any greater than according to your dimensions more than 1800 square feet here. Olson: The state standard I believe is 35 square feet per child so we are well over that. Oslund: I have one more question for you, if you lived haven't been out there soI I don't this what would your reaction be? What I, like I say I know what, according to this letter,there is one other residence t edomina my a res dential of day care operation. It down t say what kind, if this p surrounding and somebody comes in with an application for 25 kids what would your opinion be? Olson: Let me preface my answer to your question by reminding you that there is an elementary school across the street that has about 600 kid nin the s becauseSt s acaoss as much a concern in this neighborhood. as it might be in ma y from the school. I honestly would not have a problem with this child care center going in • ~ Meridian Planning & Zoning Commission May 14, 1996 Page 23 next door to me. I think, whether a child care center is det is a well run ch Id care there depending on how it is run'I otla ng children sllnot a sound that I despise. center the sound of happ y p Y Oslund: That is all I have. Johnson: Any other. questions? are you planning to take care of any MacCoy: I have one other, I just wanted to ask, andica ed children at this place or is this just strictly considered normal children? h PP on: That is another operational questions that I had better pass onto to the applicant Ols himself. ou have to take a look at the code MacCoy: You are well aware that if you do y requirements in order to make it feasible for that to take place. Johnson: Thank you very much. Crookston: I just have a question, you are going to have up to 25 children? Olson: Yes okston: Do you visualize this as being a commercial use rather than a residential use? Cro n: Well the zoning ordinance doesn't the zoning ordinance allowed it by conditional Olso use in this zone. rookston: I understand that, I am asking how you visualize it, there are not going to be C g care center, it is not a home use in any any people livin in the home, it is as I see it a day fashion. Ison: Well again we are bound by the laws of the City which allow us to apply for it in that O zone. Am I missing your point? Crookston: No, you are addressing it. nson: Thank you, we would like the applicant to be sworn at this time so we can ask Joh licant. a couple of questions of the app r Cobler 686 Dawson, Eagle, Helen Cobler, 1007 N. 31st, Boise, was sworn by the Je ry Meridian Planning & Zoning Commission May 14, 1996 Page 24 City Attorney. Johnson: There were a couple of questions that wereodefofr~h t your operating hours respect to operating hours, do you have kind of an idea n would be? J. Cobler: We felt it would be from 6:30 in the a.m. until approximately 6:30 in the P.M. Johnson: The other question that came up from Commissioner MacCoy was whether or not you had envisioned caring for handicapped children. Cobler: At this point we really hadn't envisioned that no. Johnson: Any other questions from the commissioners? MacCoy: I would like to move forward in that same vein r the ch~d ca a cente sto you can look into the code system and make your residence o handle that. It is not just saying okay we will and step ake iit that type a you are going to have to do some modifications to a regular home to m J. Cobler: Such as upgrading to ramps and that sort of thing? MacCoy: Ramps is one of the things, the first thing thatou wanttthe'child to have access light switches, door knobs and etc. depending on where y to. Johnson: Thank you very much, unless you have any further comments? H. Cobler: I have a couple of comments if I may. I am stl3 t ansact ons so I,haveasome have been involved m the sale of this property for the la history on the property and I do know some of the pa inlthis house in the lals98 or 10 neighborhood. Number 1 all the residents who have live years that there has been heavy traffic in front of this resi~d a because t s directly across parents presently come up and stop right in front of this ho from the entrance to the school. They have been very se faces Chateaus the property dropping off kids. Now if you look at the property this hou next to it to the west does not face Chateau. So you hble fom theirnwindowsrbecause you that is not in front of somebody s house or not vis have a street right of way straight across and you did {can sto withou9stopp ng inl front like you have the possibility of probably 6 to 8 cars tha P of somebody's house at this location. We felt that if you pulled in and used the drive way • Meridian Planning & Zoning Commission May 14, 1996 Page 25 and people stop and drop of their kids they usually don't een and drop them off and leave. spend 15 or 20 minutes while they are there. They coin So, you don't have any extended use in those parkin s a a kin Marea for drop off and pick I have seen in my profession do not have a tremendou p g arents and they are up. But like I say most parentso {hink that we wiledecrease some of the street parking stopping to pick up the kids. We d where the kids are getting out on the street right in fro ds a~els ettingeout ongt a t°raffie side as I can see it is kind of a safety issue because the ki g Win every mom~ng of the car and going across th f thosetk ds tha~ have oothehsmalhchip d en n the car would that school is in session. A lot o be potential customers in this day care would pull in off t° the school whenhtis tine t dgo We have staff that would be available to walk kids over to school instead of having them wonder around on the str{oea o d Ing the kids off eadrly o type of thing. So I think we do offer parents an alternative pP they can get to work on time and having them milling ar otent al hazard asat stands right where there is bus traffic, car traffic, and there is a big p now. I think we would improve it not hurt it. Now the t~eisea s elf,Nfa °orig Wally a master called the play room and the nap room, that is an extre y 9 bedroom with a big walk in closet at the end of it. It That 1 fives an~dealaa ea for kids to bedroom with an open area of almost 13 feet width 9 have storage mats in what is the walk in closet. It can d and have the younger ones take comes to nap time they can come and take the mats out a nap. It has two big areas, both the living room, dini ea as wellhas that n ce' huge master and a .vaulted ceiling so it is a nice spacious ar bedroom so that you have a separation from that to playa oomTb by napping that type)of bedrooms back there where they can use for changing , thing and it has tons of storage outside of those b osets or any of the st rage roomen already available. We have not counted any of the c the square footage as is required by Health and Wtulaai eWOU qualify fornmorekthan 25 satisfactorily be put in one of these day cares. We ac y children.. So, at this point we might mention that in wn that ~ ca °!on° t washa'4 foot chain is on your little plat there that was a chain Imk fence ntil two years ago. This has always link fence which also came across the drive way up been fenced, it was probably before we started wa It now has adlot of attracti1on there probably the least attractive home in the neighborhoo it has upgraded what is in the neighborhood it is and after eictures! So f yo waould I ke It was a little bit of an eye sore and I have before P to have to come back to you we can do that. We don't ton the ou side yet ins de it s set up neighborhood because it still looks like a residence perfectly for day care use. It gives an alternative tot som of the carsthat atte dropp n9 going and coming from school. Hopefully we can get Meridian Planning & Zoning Commission May 14, 1996 Page 26 the kids out right in the traffic flow so we might be able to pull it apart long enough to get the kids out. Since I do have a background on this property I am related to the applicant, I wonder if you have any questions because 1 have been involved with the property for several years. Johnson: I have a question, since you are familiar with this subdivision and the property, what do your covenants say in that subdivision with respect to commercial use, business use? H. Cobbler: I had called all three people that were on the committee that were listed on the CC&R's I talked with 2 of the three people, one is not available any more. The two that are available are working at a travel agency, I asked them if there is any existing committees, anybody that we can go through. They said that the CC&R's had not been active for quite some time. They have no committees, they have no associations fees or functions at this point. Johnson: Most covenants are written for a period of time where there is a committee to enact them and enforce them is irrelevant. I asked you about the covenants, what do the covenants. specifically say with respect to this. H. Cobbler: No commercial businesses were listed as far as conditional uses of any kind were not addressed. Johnson: Do you have a copy of those covenants? H. Cobbler: I do but I didn't bring them with me. I can provide them for you, I do have a set of covenants that we did go through. MacCoy: One other thing, you heard my comments on the shrubs up front there. Since you are redoing the place. H. Cobbler: One of the reasons for the flowers and shrubs, I would tike to say it was for the aesthetic view it wasn't it was more for child safety. Because there is so much traffic from young children that we wanted a barrier kind of between the fence and the little kids so we don't have somebody poking sticks that kind of thing through the fence. We wanted to make it attractive, in my opinion and from my experience you get two high of a barrier there it no longer looks like a residence. I think a 4 foot fence is very adequate for the age of children that you have a primary client in a day care center. I think if you make it attractive landscaping in front but have some shrubs that might even be a little stickily to keep people back away from the fence so we don't' have any trouble from either adults that shouldn't approaching the children or other children that are there for not the best • • Meridian Planning & Zoning Commission May 14, 1996 Page 27 purposes. We don't' want to encourage anything that might be adverse to the children that" would be coming to the day care. The original proposal for the back fencing first was because we will obviously be work into more and more clientele. If you need a time frame on that on a recommendation we can even. meet a time frame but we would like to do some of the nice things to get it looking nice and keep it conforming to the neighborhood. First there is adding more parking and more fencing before we need it. MacCoy: I understand that I just brought the thing up as an issue. H. Cobler: Right, but if you would like to put a timing limit on it, a reasonable time limit say give us a year before we have to have this completed and have us bring back in verification if it was not completed. That would be great. MacCoy: When do you proposed to put.in the proposed play yard in front then, because that is what you (inaudible) H. Cobbler: We could have it done in the year and shall prove that we have done it, we would-want to put it ourselves before we have 20 kids just so you have 2 play yards so if you have a little older children playing in one yard you have a more secure area for the little kids you will have a supervisor in both yards but you still don't have big kids running into little kids when they are trying to catch a ball and knocking over toddlers. It gives us two areas to have two different play groups. MacCoy: You have already set your timing because when you get this yard fenced that is when you do it anyway. H. Cobbler: Well I think we will have it in when we have kids enough that we need to have more separation. I am sure that will be before a year so if we had a time limit we could conform without having to be monitored by just bringing in proof. But as a business operator it is in their best interest too to have the least amount of injury and the least amount of conflict. in the yard and the most protection. Johnson: I have one further question, since you are a realtor, what is your opinion with respect to the influence on the property values of a 25 children day care next door to another piece of property that is a single family residence? H. Cobler: I have more calls for a nice property with a day care in the area by young parents. The average person in that neighbofiood, it is a starter home price range in that neighbofiood. I have more positive input from parents because we have probably 90% of our buyers that are in that price range have children and working parents. Meridian Planning & Zoning Commission May 14, 1996 Page 28 Johnson: Let me rephrase the question because we are ge er~ va ues of that homelare The question was the home next door, do you t on next door? Y influenced by the commercial enterprise going H. Cobler: No I do not, I think there is as much increased t t ueSn an aeea of$300,000 interest. Depending upon~the same buying group of buyers out here buying the house. homes then you don't have Some of those people are not working mothers, so it depends upon your area. In this area I think it is positive not negative. other uestions? Thank you, this is a public hearing, is there anyone else Johnson. Any q lication at this time that would like to address the Commission on this app Patricia Reed, 2167 Jericho Way, was sworn by the City Attorney. small da care and I am licensed by the State of Idaho and I amlrcan t even Reed: I run a Y have a 6 foot fence. I am not allowed accordin et IJseeRn o'u aneighbo ofi od we are going put a sign out to say I have a day care. And y to have many children plus I feel they are going to deface of 20 ch tdren.a know' that as don't know that two people would be sufficient to take ar I have been a mother of 8 children myself. Johnson: Your location is on this sketch or layout that we have, Reed: Chateau and Jericho Johnson: Right, how many children are you licensed for and how many do you have? Reed: Five, I have five children. The other thing is as you u slha e ~ peOpletand cars and Locust Grove, but well before the detour we have had o that is not going to cease. Even though part of that du` startedsPeopl~e have d scovered us still get many more cars then we did before the deto oin to hurt our and we are very busy. I just feel that this enterprise is really g 9 neighborhood. When I think of my mom's coming they ure the want to know what kind Y want to talk about their kids when they come to pick them p, of da they have had. I think that it isn't just a drop and run situ ha n. Ted last night or the Y to stay for a minute and give i~ h ~1Ons~their park ng is not suffiaent for the amount of child isn't well or if such and pPe concerned about what this is going to do children that they are going to have. I am very to our neighborhood. I don't think it is going to beautify, it in any way. .., ,,:. • Meridian Planning & Zoning Commission May 14, 1996 Page 29 Shearer: Doesn't the state licensing have requirements on parking also? Reed: Perhaps they do when they get a bigger amount of children then I have a license for. I don't know about that, it didn't apply to me with just 5 children. Crookston: I have a question, are you licensed by the City of Meridian for your day care. that is how I know Jim Rabbitt, Reed: I have a business license with the City of Meridian, he is the one that said no you cannot get your permit until your fence is up .and it must be a six foot fence. When all of this was done and I started getting my business I said could I ut a sign up there and he said in no way can your home reflect to e~ao b sword of P business. He says you will have to do your advertising in the newsy p Y mouth. I am not allowed to put a sign out and just let people know that I am here for a day care. And yet an enterprise is being planned here that will be very obvious to all as they go by. We have crossing guards which do t i don t see anyone dashtolver there to Chief the street. So as far as children milling about roved way. Joseph. There are cross walks to get to do that in the app Crookston: My question is do you have any type of license from the City of Meridian? Reed: Yes, I have a business permit. Crookston: Have you come before the Planning & Zoning Commission? Reed: Yes Johnson: I think she is operating under an acceno ry naee and1cannot appeartto be a n accessory use permit and that is the reason for 9 9 Crookston: Thank you (End of Tape) Johnson: Okay, is there someone else from the public that would nett to aeview th s Commission on this application. Carlamments t make at th s t mepregard ng that? letter of objection do you have any co Olson: It looks tike from this letter that was submitted by Greg Crow who is a, he owns a property there but he doesn't live there, he apparently rents it out. That he is mostly concerned about the existing traffic going to and from the grade school which t really kind of addressed earlier and I think that we are going to divert some of that traffic to the child Meridian Planning & Zoning Commission May 14, 1996 Page 30 care center I hope which should not add to the problem at least. Johnson: Excuse me I didn't read it as though he rented it. It says it sits directly behind my residence at 2162 Jericho Way, did you get some indication that he didn't live there? Olson: I believe that when I was checking the property records let me double check here, I gave them to one of the other people I am cony that he had an address that was not at 2162 Jericho Way. ~ . Johnson: That is the address he uses on the letter that is why I ask. Olson: He does own that property but I don't believe that he resides there, I didn't mean to raise that as an issue, I don't think it matter one way or the other. I believe when I sent notices he was at a Boise address. Johnson: Okay, anyway, continue if you have some more. Olson: The issue that he raises is that he is concerned about the resale value of his home located with 2 child care centers in such close proximity. I think my only response on that is and I guess it in some ways echoes what Helen said earlier. When you are in a neighborhood with a lot of small children it is nice to have enough day cares in the neighborhood to handle that demand and it is not necessarily a negative, it is actually a positive to be able to have a place nearby to take your children during the day. This is very much a neighborhood of young children and young families. Johnson: Any questions of Carla Olson? Thank you very much, one last shot, is there anybody else ftom the public that has an additional comment or would like to address the Commission? Seeing no one then 1 will close the public hearing at this time. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Johnson: It is moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: .PUBLIC HEARING: REQUEST FOR A REZONE .FROM R-15 TO C-C BY EVERETT & ROEN WILSON: WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: • • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE R C Y GLENN R. BENTLE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor May 10, 1996 To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer ;~~2~ Re; CHILD CARE CENTER (Request for Conditional Use Permit - by Jerry Cobler) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414. D.3 3. All Signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 4. Sanitary Sewer and Water to this facility would be via. existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regards to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. C:\OFFICEIWPW WIGENERAL\CGBLER.P&Z WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ CO N HUB OF TREASURE VALLEY U CIL MEMBERS A Good Place `o Live WALT W. MORROW, President CITY OF 1VI~RIDIAN RONALD R.TOLSMA E C" L G ENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAR (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers Ilcemre (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORR~ MALCOLM MACCOY 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: May 7, 1996 TRANSMITTAL DATE: 4/22/96 HEARING DATE: 5/ 14/96 REQUEST: Conditional Use Permit for Child Care Center 13Y: Jerrv Cobler LOCATION OF PROPERTY OR PROJECT: 1155 East Chateau JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P2 GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT t~I.ICL )~EPARTAAENT ~ 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 8r FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8r FINAL PLAT) CITY FILES YOUR CONCISE ~.~;Y~~ ~ APR 2 4 1"~~ CITY ~~ i~ ~~~~~ WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire. Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ CO HUB OF TREASURE VALLEY UNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO ME$jDIAN, Ippgp 83Ci42 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Departrnent (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY 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: May 7, 1996 TRANSMITTAL DATE: 4/22/96 HEARING DATE: 5/ 14/96 REQUEST: Conditional Use Permit for Child Care Center BY:Jerrv Cobler LOCATION OF PROPERTY OR PROJECT: 1155 East Chateau JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT . #?I~PARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT CEI V ADA PLANNING ASSOCIATION RE E(~ CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT APR 2 3 1996 SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) C171~ DF MERIDIAN U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~ ~ ~ `y, ` OTHER: ~o YOUR CONCISE REMARKS: Oa~i A~ S ~ L~-- CCU !~E S ~~ ~ ~~i i~ F'R~= wi ~ lVO 1F `IH~d~ `v ~w~ r,~ i 7`~.. 7 s r.~r: iJ~~~~~ CENTRAL CEN~i4L DISTRICT HEALTH DEPART~'IENT •• DISTRICT Environmental Health Division ~RHEALTH REcE'~EDaet~ to: DEPARTMENT ^ Boise APR 3 0 199 ^ Eagle Rezone # ^ Garden city ~~ ,Meridian Conditional Use # f`.S~ ~ifS'f c~~~~ ^ Kuna Preliminary /Final /Short Plat ^ ACZ ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. [~ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ® central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. ^ I I. ^ 12. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas child care center ^ beverage establishment ^ grocery store / ~(~ ~/ ^ 15. Date: ~/ / // (o Reviewed By: CDHD 10/91 ~~, n.. ~~9s Review Sheet ~?E~E~vE D M ~~' Q 1 199 '',~~11 p ~' ~r McE~RIDIAN ~~iG~~ ~ ~ ~ ~ ~ ' ~ LJGd~"IG~Ct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 2 9 Apr i 1 19 9 6 OFFICE: Nampa 466-7861 Boise 343-1884 Clty of Meridian SHOP: Nampa 466-0663 3 3 East Idaho Boise 345-2431 Meridian, ID 83642 RE: CONDITIONAL USE PERMIT FOR CHILD CARE CENTER Dear Commissioners: Nampa and Meridian Irrigation District has no comment on this application as it is out of the District. Sincerely, Bi~'Henson, ssistant Water Superintendent NAMPA AND MERIDIAN IRRIGATION DISTRICT pc: District Water Superintendent File - office File - shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT. Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P A Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Departrnent (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY 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 Hail, Attn: Will Berg, City Clerk by: May 7, 1996 TRANSMITTAL DATE: 4!22196 HEARING DATE: 5! 14/96 REQUEST: Conditional Use Permit for Child Care Center BY:~rr~Cobler LOCATION OF PROPERTY OR PROJECT: 1155 East Chateau JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION BOB CORR E~,PMAYOR NAMPA4MER DIAN RRIGATION DISTRICT RECEII/E~ RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM $ FINAL PLAT)MAR Z Z ~~'~~ WALT MORROW, C/C U.S. WEST(PRELIM 8r FINAL PLAT) n Gttt, GLENN BENTLEY, C/C WATER DEPARTMENT INTERMOUNTAIN GAS(PRELIM 8r FINAL P ~~ BUREAU OF R ~ ECLAMATION(PRELIM 8~ FI SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY .i. bo Ho FEn/['E M~ f~2 LN .' CITY ENGINEER CITY PLANNER SENT BY~BOise~ ID. /~R,' ; 5- 7-96 3~06PM ; Ada Planning Assoc.-- 206 667 4613;>x 1/ 1 /Ada Planning Association 413 W.1'daho, Suite 100 Boise, ID 83702 (208) 346-5274 Fax (208) 345-b279 A b A / Serving Governments in Ada County Since 1977 TO: Shari Stiles, Planning 8 Zoning Administrator f y of Me ian ~~~- FROM: Ma Hardison, Technical Analyst REcE~vE~ , DATE: May 3,1ses MAY 0 7 199 SUBJECT: .Conditional Use Permit for Child Care Center CITY OF' MERIDIAN 1166 East Chateau APA has reviewed the Conditional Use Permit for the day care center at 1155 East Chateau. W support the concept that a child center center be provided in the vicinity of Chief Joseph School. The proximity of these to facilities provides a convenience to parents. Most importantly, it reduces vehicle miles traveled on local roadways when parents are able to Ilnk trips tog®ther. In this case, day care and school trips can be linked due to the proximity of these two facilities. Should you have any questions, please contact me. MH:JLU'nh~devrev.cheteeu.cu Pogt-iN Fax Note 7671 ova y ~s- ~ ~ ~ S ~' From CoJDept. Co. P one N Phone N Fax N ~~ ~ 3 Fax N Boise Auditorium Dietrich Bo ee Indepe den 9choo,~Diatrtct Meridian Jo n g pool Dis ~ ctuand BodgM~~~i Un'~~~ ,Eryual Opportupity/Affirmative Action EhtDlover I'~•inuvl ~ro I:tr.~~elivl I'a~a•r MAY 07 '96 15 10 2083455279 PAGE.01 t • ~Ec~wED To: Planning and Zoning Commission From: Gregg Crow 2162 Jericho Way MAY 1 4 1996 Subject: Hearing For Conditional Use Permit Date: 05/05/1996 CITY OF MERIDIAN Meridian City Commissioners I am unable to appeaz at this public hearing to submit testimony in regazds to the reviewing and consideration of a use permit for a Child Caze Center at the location of 1155 Chateau Drive. I testify, and strongly express disagreement with the application of Jerry Cobler for a conditional use permit. My protest is for the following reasons. • The facility at 1155 Chateau sits directly behind my residence at 2162 Jericho Way. Resulting in more noise in combination with another Day Care located across from the front of my residence. • There is currently another Day Caze Center across the street from my residents at a 167Jericho Way. I agreed to this permit without objection or resistance. Cazs aze pazked off the sidewalk each day. • Traffic to and from the Chief Joseph grade school during the eazly morning hours and afternoon hours aze congested at this point now. Additional unnecessarv traffic coming and going at the residence of 1155 Chateau would be overcrowding and very possibly creating a safety hazard for children walking home from school on Chateau Drive and Jericho Way. • The proposed location at 1155 Chateau Drive also sits across, in front from the exiting way of school buses and cazs exiting Chief Joseph grade school. This may cause a back up of traffic and limited space for turning out and into the school if cazs are pazked on the street along Chateau. (See anached map) • The resale value of homes located adjacent to this facility would be effected. Possible Difficulties and delays in finding a potential buyer if two day Gazes exist in front and back of your home. Home appraisals could decrease in value. In closing, it is my opinion that this permit be denied due to the potential risk's and safety hazards that additional traffic would create. Monetary and financial losses could occur for other homeowners if proposed property becomes deteriorated, or if appropriate Gaze is not taken. GC/Enclosure Thank You Gregg Crow L/~7l'^' S~~~q 6 i, MAP LAYOUT OF AREA FOR PROPOSED CHILD CARE CENTER NORTH ~ ----------------------- S ~ C ~ H ~ O BUS ~ ~ O EXITS 1155 CHATEAU DR. L PROPOSED FACILITY ~ ---------------------- - 2162 JERICHO ~ Nt y F{on~-c I I SCHOOL WALKWAY Illllillllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll JERICHO WAY C JERICHO H ANOTHER DAY CARE A a167 T A E --------------------- U D R I V E WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREAS~IRE VALLEY A Good Place to Live COUNCIL MEMBERS CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FA7C (208) 887-4813 Public WorksBuilding Depao~t (208) 887-2211 Motor Vehicle/Drivers Lice~e (208) 888-4443 ROBERT D C~3RRIE Mayor WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 subrai# your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clark by: 7 1 6 TRANSMITTAL DATE: 4/22/96 HEARING DATE: 5/ 14J96 REQUEST: Conditional Use Permit for Chid Care Center BY: _Jerrv Cobler LOCATION OF PROPERTY OR PROJECT:- 1155 East Chateau JIM JOHNSON,,P2 ,,.,~;,NG4LCOWi MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 COl1NTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL. DISTRICT HEALTH NAMPA 1i~RIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMQUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER Vr11 ID P`r1AIMCG CC~AeCVe• ~~iNr ~ use. B,E c.,a~a ~2 7 -/~/~~ /3-cso.~-- .S 6' RE~EI-~EC~ ~ ~~' ~ .~ 199 CITY OI" ~+IERIDIAht .~' i~d c-sa ~~~ ~ '~ ~P '::a= a ~ ~~ ~-- ~ ~.7 ~.' ~ ~, ;; ~ ~~. ~ ~ enc~ o ~ ~ , b~ 'ss ~ o~~ ~. Cha euu ~ ~ECE~iVED • • MAY - 6X96 1 1~~2(.~/riuml a ~.~X~cQ~try ~ ~~iERluin~. 1 •~~4 ~ _ _ -- _.. __ n.~ 1/ --- .-(~ -U1~. -- -- f~- ~ __ •- . _--- ~. ._ ~~. ;_ cx.~~ c.or, rte, ~a'v~w~l, ~lh~a ~.~, _ ~lz.?. __ _ __ .e~.Qo~c1 cl~:a, .._ _71~a.. _ _ c4.a . °~ ~ama.. ~~cl, .~ mad ,huc... Z~/c¢~.e..s~,- - ----- a ~JM c~. mat __ - _ _ _ ~ O GLf Q C~1Gtvn _ .JYnd,~ _ ,~qv ` --- -- - ~- oN2at_ A~c~rtat l..~k- coo c~~f rn,~_ c~~ lc~ c.~ ~!v ~._---- .__ -- -- _ _ ._ • ~ ~a ,~, . • __ _ _ ~ - _ s~.~~ -- •_ ,._ ____ • • ~~ \`~~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION v JERRY O. COBLER r`J CONDITIONAL USE PERMIT 1155 EAST CEATEAU LOT 7, BLOCK 1 MERIDIAN PLACE SUBDIVISION NO. 1 MERIDIAN, IDA8O FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on May 14, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through his representative, Carla L. Olson, a Planning Consultant, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: 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 May 14, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 14, 1996, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 1 • • 2. That the property is located within the City of Meridian and the Applicant is not the owner of the property; that the owners of the property are Cecil H. and Jane A. Flemings, of Nampa, Idaho; that the general location of the property is Lot 2 in Block l of Meridian Place Subdivision No.; that the property is across from the Chief Joseph Elementary School. in Meridian; that the property is described in the Application, which description is incorporated herein. 3. That the property is zoned R-8 Residential; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 A., Residential, Day Care Center is listed as a conditional use in the R-8 District and in the R-8 District requires a conditional use permit for the operation of a Day Care Center. 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. 4. That the property is a one level, single family residence, on one lot. 5. That in the Application it is stated that the proposed use by the Applicant is for a child care center to serve up to twenty-five (25) children; that the location is most desirable as it is within a neighborhood where there appears to be a need for FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 2 • • quality child care; that the Chief Joseph Elementary is located nearby, making it handy for before and after school care of elementary students, as well as a one-stop destination for parents delivering children to school and to the child care center, thereby would not be a noticeable increase in traffic levels; that the size and layout of the house lends itself nicely to operating a child care center, which includes spacious rooms, separate areas for playing, sleeping and eating, and with two (2) restroom facilities; that the back yard is fenced; that there is adequate room for two (2) parking spaces in the existing garage and two (2) parking spaces in the existing driveway; that the Applicant proposes an additional two (2) parking spaces to be compact-size spaces along the west side of the existing garage and driveway, and there would be a second fenced play yard, in the front yard, to accommodate the different age levels playing outdoors at one time, to be added at such time as the enrollment at the center reaches twenty children. 6. That the owners, Cecil H. and Jane A. Flemings have not submitted a consent to this conditional use at this time; that a consent may be submitted at a later date and will be incorporated herein as if set forth in full. 7. That at the public hearing, the Applicant's representative, Carla L. Olson testified that she is the planning consultant for this proposed project; that the neighborhood is approximately 12 to 15 years old and the residence is approximately 11 years old; that the main entrance to the Chief Joseph Elementary School is located across from this single family dwelling at 1155 FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 3 • • East Chateau; that this neighborhood is largely made up of people with young families, who could use a center within the neighborhood for children before and after school; that this center is proposed for up to 25 children; that prior to submitting this Application, phone calls were generated to the adjacent neighbors as well as door hangers to all properties within 300 feet informing them of this Application and asking to meet with any of those who had any concerns; that it is important to the Applicant that the child care center be a good neighbor and wants to be an integral part of the neighborhood with the neighbors support; that efforts have been made to the school principal regarding school traffic patterns and drop off patterns along Chateau Street in front of the school as to whether any plans are in the works for trying to relieve the traffic situation during school hours; that the school principal has yet to respond to the inquiry; that on the east side of the property is an existing solid wood fence approximately 5 to 6 feet in height; that children allowed to play within the secured area will be in small groups at a time with constant supervision; that there is an existing chain link fence about 4 feet in height that lines up with the front of the building as well as a chain link fence south of the proposed parking space 5 (southwest corner of house to property line); that a second play yard is proposed at the front northeast corner secured by chain link fence, as the numbers of children cared for increase; that four (4) parking spaces are available to the public; that two (2) spaces in the garage would be intended for staff with space 3 and 4 and the two (2) proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 4 compact spaces on the west side yard; that the request of the two (2j proposed compact spaces on the west side yard with paving and the proposed additional play yard be constructed upon reaching enrollment of 20 children; that this home will not remain a residence; that the Applicant has no problem with the City comments. 8. That the Applicant, Jerry Cobler testified that the operating hours would be from 6:30 a.m. to approximately 6:30 p.m. ; that at this point the Applicant had not envisioned. the caring for handicapped children. 9. That Helen Cobler, the realtor for this property, and who is related to the Applicant, testified that prior residents of this home in the last 8 to 10 years know of the heavy traffic in front of this residence; that parents stop in front dropping off children to go to the school and that these prior residents have been tolerant of people coming and dropping off kids; that this house faces Chateau Drive and that house to the west does not face Chateau Drive, therefore creating a tremendous frontage that is not infringing upon someone elses property; that a decrease in some of the street parking where children are dropped off for school can be made by allowing the parents of these school aged children to arrive early to the care center dropping off the children to later be escorted to the school grounds in time for school and thus eliminated the milling around on the public street with arriving busses and parents, endangering the early arriving children; that one of the reasons for the flowers and shrubs was not for aesthetic FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 5 • view entirely, but for child safety; that putting a visual barrier between the young children, the fence and the public street and in keeping with the looks of the neighborhood; that too high a barrier detracts from the residential look; that a four (4) foot fence is very adequate for the age of children; that up until 2 years ago, there was a chain link fence across the front yard-which extended across the drive way; that this center gives an alternative to try and keep the kids a little bit safer going and coming from school; to hopefully get some of the cars that are dropping off the kids, out right in the traffic flow; that the CC&R's have not been active for quite some time and that there are no association fees or functions in this neighborhood; that the Applicant is not opposed to the Commission setting a reasonable time limit to have completed the proposed construction of the additional play area and parking spaces; that before a year of operation is over the need will be there for the additional play area and parking spaces and that the Applicant could conform to the time limit of one (1) year without having to be monitored, bringing in proof of the additional areas. Helen Cobler added that in her opinion the property values of homes in the area being influenced by a commercial enterprise going in next door is that there is as much increased interest as there is decreased interest, depending upon the area and the price of the homes; that you don't have the same buying group and a lot depends upon your area and that this area is a positive not a negative; that more calls come to her with young, working families looking for a nice piece of property in an average home priced neighborhood FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 6 with a day care. • 10. That comments and statements from the Commissioners were as follows: 1. Commissioner MacCoy suggested the reconsideration of upping the height of the four foot fences and the height of the proposed shrubs along the fence to actually give a visual break and, help with the sound qualities for the neighbors; that any care for handicapped children modifications of the home and code restrictions would apply. 2. Commissioner Oslund commented as to the state standards in terms of square footage needed per child and that the facility can't be any greater than the dimensions given, more than 1800 square feet. 11. Patricia Reed testified that she runs a day care and is required to have a six (6) foot fence; that this enterprise will hurt the neighborhood; that this isn't just a drop off the kids and run situation and that it is not going to beautify the neighborhood in any way; that this facility will be very obvious to all who pass by that it is a day car center. 12. That the Ada Planning Association submitted a written statement regarding this proposed project, and it is incorporated herein as if set forth in full; that the Association is in support of this proposal; stating that this proposal provides a convenience to parents, but most importantly, reduces vehicle miles traveled on local roadways, linking a child care facility and the Chief Joseph Elementary School. 13. That Mr. and Mrs. Steve Hihath submitted a written statement which is incorporated herein; that the Applicant's diagram submitted with the Application for Conditional Use is in FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 7 • error; that the fence surrounding the home is a wooden fence, and not chain link as portrayed in the Applicant's diagram; that their concern is that the existing fence between this proposed project and their property not be torn up or climbed on by the children during the centers operating hours and that the Applicant be required to provide a chain link fence and that it be in place prior to operation of the child care facility. 14. That a letter of opposition was submitted by Gregg Crow, living at 2162 Jericho Way, which is incorporated herein as if set forth in full; that Mr. Crow lives directly east of this project; that there is already a day care facility across the street from his home now; that the additional noise, traffic and safety are of concern; that the value of his property could dramatically decrease. 15. That there was no other public testimnnv cTivan at thca hearing. 16. That the Meridian Planning and Zoning Administrator, Shari Stiles, the Assistant to the City Engineer, Bruce Freckleton, the Meridian City Police and Fire Departments, Central District Health Department, the Nampa and Meridian Irrigation District, and the Water Work Department submitted comments and they are incorporated herein as if set forth in full. 17. Bruce Freckleton, the Assistant to the Meridian City Engineer, commented that off-street parking and signage shall all be provided in accordance with City Ordinances; that outside lighting shall be designed and placed so as to not direct FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 8 • • illumination on any nearby residential areas and in accordance with City Ordinances; that Sanitary Sewer and Water to this facility would be by means of existing service lines and that the assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment; that Applicant provide any information as to the anticipated water demand and that the Applicant will be required to enter into an Assessment Agreement with the City of, Meridian. 18. That Shari Stiles, Planning and Zoning Administrator, provided the following comments: 1. Provide a copy of the day care license from the Idaho Department of Health & Welfare. Operator's licenses shall be available on the premises at all times for inspection. 2. Provide Social Security numbers of owner and operators for this facility. 3. That the Applicant obtain a Certificate of Occupancy prior to operation of the child care center. 4. That the screening of adjacent residential properties is to be provided through landscaping/slats in fencing. 5. No unpaved areas are to be used for parking. 6. That this Conditional Use Permit should be subject to annual review. 7. That any proposed signage is subject to plan review. Ms. Stiles commented that this is an excellent location for a child care center and should help with traffic congestion in the area. 19. That the Water Works Superintendent submitted a comment that the meter shall not be fenced in. FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 9 • • 20. That Commissioner MacCoy submitted statements regarding this application and they are hereby incorporated herein as if set forth in full; he commented that Applicant must meet all codes and ordinances as they apply to this type of use; the height of the" fence should be stated and whether any handicapped children will be cared for at this facility, and if so, that the Americans with Disabilities Act will apply. 21. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been met. CONCI~U3ION3 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 67-5512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. 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 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 4. That the property is zoned R-8 Residential, but the FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 10 • • Zoning Ordinance, Section 11-2-409 A lists Day Care Centers to be an allowed use in the R-8 District; it is therefore concluded that this Application should be granted; however, the City does have authority to put reasonable conditions on the use. 5. 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, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan and Zoning Ordinance if all conditions stated herein are met and complied with c. The use, apparently, would be harmonious in appearance with the intended character of the general vicinity if the conditions stated herein are met and complied with. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses, but the Applicant must take precautions to see that use does not become hazardous or disturbing; review of the operation of the Day Care Center and the neighbors within 300 feet of the Center, may be required by the City every six ( 6 ) month or more often if the City receives complaints. e. The property has sewer and water service available. 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. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 11 • • h. That sufficient parking for the property and the proposed use will be required and paving for the required parking must be completed before an occupancy permit is issued. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. That all ordinances of the City of Meridian must be met and complied with, including but. not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, all parking and landscaping requirements and the comments of the Planning and Zoning Administrator and the City Engineers office must be met and complied with; that the structure must meet all City Ordinances and Codes before an occupancy permit is issued by the City. 7. That the parking must be paved and the landscaping placed, prior to issuance of an occupancy permit. 8. That the Applicant shall provide proof of Health and Welfare licensing prior to issuance of an occupancy permit; that under City Ordinance, 11-2-403 B, Child Care Facility, it is the total number of children cared for during the day and not the number of children at any one time that is determinative. 9. The following conditions shall also apply: (1) Secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. (2) Acquire an occupancy certificate. (3) Provide one (1) paved off-street parking apace per employee. (4) Provide for a child pick-up area located off of the two (2) main-fronting streets. FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 12 • (5) Provide for screening of adjacent properties to protect children from adverse impacts and provide a buffer between properties. (6) Provide for a fence of appropriate height/construction, to enclose play areas, protecting children from traffic which must be approved by the Zoning Administrator prior to, and after, construction. (7) Meet the Idaho State Department of Health and Welfare- Child Care Licensing Division child to instructor ratio and meet the required square feet per child. (8) Meet the required child-to-care giver ratio set by the Department of Health and Welfare. (9) Meet and/or perform all of the requirements of Shari Stiles, Bruce Freckleton, and all other City and government agencies listed in paragraph 16. of the Findings. 10. That it is concluded that if the owner's consent of this use is not delivered to the City, the use should be denied. 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 OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 13 • DECISION AND RECOMMENDATION 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. That the use should be denied if the owner does not give his consent. MOTION: APPROVED DENIED i<<' FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 14 • • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ~~ .- day of ~~y , 1996. ROLL CALL COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED VOTED VOTED VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~-~~~~~7~h~ G~ y Meridian City Council September 16, 1997 Page 16 MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT FOR A DAY CARE FROM JERRY COBLER TO MUHAMMAD SABIHA ALI -1155 E. CHATEAU: Corrie: I will open the public hearing at this time and invite the applicant to come forward. Muhammad Ali, 3437 S. White Post Way, Eagle, was sworn by the City Attorney. Ali: We would like to request the Council and City to approve our transfer of conditional use permit for the day care. We will continue to meet the City's requirements as they are and provide quality child care. We have existing facility in Boise right now, we run that day care which is a much larger facility. We will transfer that technology and know how to this day care and enhance the quality of .day in this vicinity which this neighborhood needs one. Corrie: Questions from Council for Mr. Ali? Morrow. Mr. Mayor, my only question is that you are familiar with all the original conditions of approval for this day care and you are in agreement with the original conditions of approval? Ali: Yes sir Corrie: Anyone else from the public that would like to issue testimony at this time? Thank you Mr. Ali, Council discussion? Morrow. I have no discussion if Gary and Shari don't have any. Corrie: Gary and Shari any comments? I will close the public hearing. (Inaudible) Corrie: Would you come up here so we can get it on the record and get it correct Ali: I think, my name is Muhammad and my wife is Sabiha so I think it .should read Muhammad and Sabiha Ali. Corrie: Okay, thank you. Any problem Counselor with the permit? Crookston: Walt asked rr~e if we needed to have new findings of fact and conciusions of law for the transfer and I don't believe that we do. Meridian City Council September 16, 1997 Page 17 Rountree: So we just approve the transfer? Crookston: That is correct. Corrie: I will close the public hearing and Council, your pleasure? Morrow. Mr. Mayor,. I would move that we approve the transfer of the Conditional Use Permit for day care center, 1155 E. Chateau from Jerry Cobler to Muhammad and Sabiha Ali. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the transfer of conditional use permit, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: REQUEST FOR A CONDITIONAL USE PERMIT FOR VANGUARD MILITARY ACADEMY BY VANGUARD MILITARY ACADEMY: Corrie: Is a representative from the Academy here this evening? Shari any comments for Council? Stiles: Mr. Mayor and Council after the initial public hearing the applicant did not return any phone calls or requests for additional information. For that reason the Planning and Zoning Commission went ahead and prepared the findings which were to deny the request. Rountree: So this is just a clean up item? Stiles: Yes Morrow. Mr. Mayor, Shari is that to say that we have had and Will we have had no correspondence at all from this applicant? So basically we are going to treat it as though it were an abandoned project? Stiles: Yes Corrie: I will entertain a motion for the findings of fact and conclusions of law then. Rountree: Mr. Mayor, I move that we approve the findings of fact and conclusions of law as prepared by Planning and Zoning. Morrow. Second WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Perks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Departrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor TO: Planning & Zoning Commission, Mayor & Council FROM: Shan the , &Z Administrator DATE: May 10, 1996 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY SUBJECT: Conditional Use Permit for a Child Care Center at 1155 East Chateau by Jerry O. Cooler Following are comments to be considered during your review of this project: Provide copy of daycare license from Idaho Department of Health & Welfare. Operator's licenses shall be available on the premises at all times for inspection. 2. Provide Social Security Numbers of owner and operators for this facility. Applicant to obtain a Certificate of Occupancy prior to operation of the child care center. 4. Screening of adjacent residential properties is to be provided through landscaping/slats in fencing. 5. No unpaved areas are to be used for parking. b. This Conditional Use Permit should be subject to annual review. 7. Any proposed signage is subject to plan review. This is an excellent location for a child care center and should help with traffic congestion in the area. • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 11,1996 APPLICANT: JERRY COBLER AGENDA ITEM NUMBER: 5 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~~~ ~ ~, oJ'~ ~ r~~ C ~p~ r~~ G ~~ss ~ ~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • MERIDIAN PLANNING 8 ZONING COMMISSION MEETING: MAY 14.1996 APPLICANT: JERRY COBLER AGENDA ITEM NUMBER: 7 REQUEST; PUBLIC HEARING• REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER A N Y COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian.