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Reed, Patricia CUP
WILLIAM G. BF_RG, 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 ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN E C GLENN R. BENTLEY 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 ~ Zoning Commission, please submit your comments and. recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: December 3, 1996 TRANSMITTAL DATE: 11/19/96 HEARING DATE: 12/10/96 REQUEST: Conditional Use Permit for a day care for 12 children BY: Patricia Reed LOCATION OF PROPERTY OR PROJECT: 2167 Jericho Way -Lot 4. Block 5 of Meridin Place Subdivision No. 1 JIM JOHNSON, P/Z MALCOLM MACCOY, P2 JIM SHEARER, PIZ GREG OSLUND, P2 KEITH BORUP, 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 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8r FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: .. • NAME: ADDRESS: '-~~~ :tea GENERAL LOCATION: ~)~.~L.c_~~. ~ r"~ C~.~ la_'~ '~.i_ . ~ ~~ ~ u~ U j E t..c~ DESCRIPTION OF PRQPOSED CONDITIONAL USE: ~ck..c.~ ~~ ~ -~-'y Ir` .. ZONING CLASSIFICATION: ~1"~ ~'g 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). I certify that the information contained herein is true and correct. Signature of Applicant Social Security Number ~ ~/-:~~:.~-.~~ LFrAL 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 descn"bed as located at CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT ~ l SUBDIVISION, BLOCK ,LOT TO . _ . V - - -_ --r 'Q .S n f~ st u ~ r. ~.:.: 7'HISFORMFURNISggDCOURSg9YOP: ADA CC. RECORDER 1~ ~~Jti~l 7~ d. DAVID ~; 'a-r^.RO ALLIANCE TYTLE & BD I S E I D ESCROW CORP. Al_LIAr\CF TITLE '95 `NU~U 30 Pfd 'I '1 `O~ READ & APPROVED BY GR FEE ` U; !• ANTEE(S): {0285} . RECORUFO AT T'fE i~cCUES7 OF SPACE ABOVg THLS LINE FOR RECORDING DATA Order No.: 951)56784 JG/NW WARRANTY DEED FOR VALUE RECEIVED ANITA M. NASH, also shown of record as ANITA MARIE HROWN, ANITA MARIE OWENS and ANITA OWENS an , ANiTA :fARIE HASH, , unmarried woman. and GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto PATRICIA M . REED, an unmarried individual GRANTEE(S), whose current address is: the following described real property in 2167 JERICHO WAY, MERIDIAN, IDAHO 83642 ADA described as follows, to wit: County, State of Idaho, more particularly Lot 4 in Block 5 of MERIDIAN PLACE SUBDIVISION N0. 1, according to the Official 21at thereof, filed in Book 47 of Plats at Page(s) 3837-3838, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with heir appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are f.-ee from all encumbrances, EYCEPT those to which tilts conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if aay) of record, and general taxes and assessments, (including irrigatior. and utility assessments, if any) for the current yeas, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: November 29, 1995 ~~~ J~ ~ ~, ANITA M. NASH STATE OF {.~ Culo~ado ) COUNTY OF La~~ rncr ~ ) • On this 29th day of November , in the year of 1995 ,before me, the t!ndersigned, a Notary Public in and for said State, personalty appeared ANITA M. NASH ~•; known or identified to me to be the person(s) whose name(s) is/are subscriSf.Q to the within instrument, and acknowledged"to'm0.that he/she/they executed the same. ,~ ~ r L ~ ~ Signature: ~ any .~_ , ~•' `~ 'J •- ~ Name: (11n~') S, F~anE~ ;i.~,,.. ~y ~ •S~ •....,}~(aanai~lOnF~Ims t•3-Sla brwe~oroc ~ .. ~~-~ 3~ d ~ Residing at: f-0y~and CO My Commission Expires• •99- I-3 ~jq I Applicant and owner. Patricia M. Reed 2167 Jericho Way Meridian, ID 83642 (208) 884-4675 C~ property is being used as a residence and a day care for five children. Proposed use is for a conditional use. Permission for a day care for 12 children is wanted. Present Zoning is R8 Residential. I, Patricia M. Reed will pay any additional sewer, water or trash fees or charges, if any, associated with the use, I, Patricia M. Reed state that I have Read the contents thereof and verify that the information contained therein is true and correct. The property will be posted one week before the hearing stating that I have applied for a Conditional Use Permit. -JT '. ~ # Characteristics of property that make it desirable for a conditional use permit are: 1. Large backyard. 2. 8"x 8" sand box. 3. Flay equipment. 4. 4 out of 5 bedrooms with playpens for younger children to nap. 5. Smoke detectors throughout the house. 6. 4 parking places for parents to park. 7. Large and a medium size play areas inside the home 8. Toys for all ages. 9. My mother lives with me and has been fingerprinted for the daycare license to provide help and support. G sue. ...__. 0 °1 ~, .~: ,~~r ;-- C~ r ~' ~° ~ ~ ~ ~ a ~ .- ~~ c~b r a ~ ~ o ~ va N o ~ ~' ~' (~ n ,W~._~:m:., . ~._ .:, _ ,; ~ ~ ~ ~f ~T ~ ~~~ ~ ~~ ~ o ~ ~~~ ~~ o ~ ~ z ~- ~~ ~ ~° 3 Q ~ ~~ ~ s r _.~-_, ~ . ~ r ~~ ____ ~~ , ~. ~ , ~: ~ , ~ , .~- ~ ,f ~ 1 ~~ ~ ~ ~', ;~ -' G ~ _. h ~ _~- ~ ~ ~ ~- ,~ ;> ^. . -c`, ! ' _, .< N ~~. , ., 7 ~ ~ ~ t ~ r ~ ~ 1~~ j ~ -r; ~ ~ ~ "_ ~~ ~+ MAII..ING ADDRESSES OF ALL PROPERTY OWNERS FORM AUTHENTIC TAX RRECORDS OF ADA COUNTY. Jeff A. and Heather N. Breneman 1122 Torrington Meridian, ID 83642 Jeff W. and Theresa Connolly 1120 Chateau Meridian, ID 83642 Frederick N. and Kamala F. Free 1110 Chateau Meridian, ID 83642 Mike L. and Christine Reed 1080 Chateau Meridian, ID 83642 Thomas c. and Lynnette M. Dever 1030 Chateau Meridian, ID 83642 John and Mary Ball 1057 Chateau Meridian, ID 83642 Gerald C. and Laura Tobey 1033 Chateau Meridian, ID 83642 Terry and Angie Gergen 1008 Chateau Meridian, ID 83642 Jason L. and Tracy L. Hunter Ed C. Jr. and Ruth Thomas Donna L. Plant Charles L. and Gail Howorth Kenneth H. Treanor 1011 Chateau Meridian, ID 83642 2137 Jericho Way Meridian, ID 83642 2095 Jericho Way Merdian, ID 83642 2094 Jericho Way Meridian, ID 83642 2061 Jericho Way Meridian, ID 83642 Donald G. and Freda M. Crow and James gregory Crow 2162 Jericho Way Meridian, ID 83642 • 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 February 18, 1997, for the purpose of reviewing and considering the Application of Patricia Reed, for a Conditional Use Permit for land located in Lot 4, Block 5 of Meridian Place Subdivision, Boise Meridian, Ada County, Idaho, and which property is generally located at 2167 Jericho Way.. The Application requests a Conditional Use Permit faraday care for twelve children in her home. 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 31st day of January, 1997. ILLI M G. B RG, JR., TY LERK '~\ ~ ~r 15 ~ 8 y 2 ,z ~Q~ 4~ rn is ~", s ~ ~ / 2 17 `per / I i3". ~' c I _ .. 4 15 - 12 ~ l v 8" w 3 1 ~.. ~ ~ • ~ r 13 j -r 14 I S . 1 F,QO 8 ~ . ~ t3 '2 '' ~ 2 ~~O ~, .z ~ ~ ~ •~~wrRASS ST, z // 3 .o® 9 ~ 3 2 ~ ~P~ 13 1 1 E. MEADOWG.RASS ST 9 IO 1 6 ~/ IZ I \ 'C 12 8 I ~ it ' - ` W S 4 7 8 I, \ oOC~' „ J0 a 2 GRO:;S~ D ~ z .. ~ 0 l0 4 . 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I ~......~.; tr- _ I { ~ i G _ I 1 a __ J ~ 6 s ~' _ ~, b, ~ ~'9 ~~ I ~ GRP.INGT(1~y cT ~ ~ z ,\ - ~~ " ~ O . ~O ~ . •~ 2 2~ ~ 1 8 < V " IGTH.., ~ (~1 .1 ~ 0 8 , IS _ .g 26 ~ z l 2 7 . ~ _ t 1 ~ , . 1 ? ,« ~ - li- -17 ~7tfl 27 28 29 , ~JIZ~ ' ,ir ° 3 ° ~ ~ ~ ~ J m J AST ~'..I~,v g~ 0a: ~ ~~_. RT - ' ~ 4 ~Tj ; J if I-: ~`1' 20 3 v ~E!2 ,q L ~~! LARENE ST _ _ _ ~; W -~ Q _ I _I IRT TAMMY W ~~ 0 ,'31 i i e F--- ~--- i /V• CAAO/. S T .. _. -7-- ~. ' I _ ~ ...._ .- i .. _- - al tlI j ,~ ~ ' • ~ - ~~. 3 , ~~ h' ~ L; ~ ~ } ~ ~, 2 JI v ~ ~ v - - -- - 3. ~ a ~~: ~. ~ C ~_ ~ . ~ I I. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on December 10, 1996, for the purpose of reviewing and considering the Application of Patricia Reed, for a Conditional Use Permit for land located in Lot 4, Block 5 of Meridian Place Subdivision, Boise Meridian, Ada County, Idaho, and which property is generally located at 2167 Jericho Way.. The Application requests a Conditional Use Permit for a day care for twelve children in her home. 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 20th day of November, 1996. WILLIAM G. BERG, JR., CI CL RK A~~R~SMENT AGREEMENT LOT 4, BLOCK 5, MERIDIAN PLACE SUBD. NO. 1 2167 JERICHO WAY This Agreement made and entered into this 27th day of February, 1997, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter referred to as CITY, and PATRICIA REED, hereafter referred to as APPLICANT, their heirs, successors, assigns and personal representative. WITNESSETH: WHEREAS, The following assessments are calculated by the City based upon information supplied to the City by the Applicant and/or historical information on record for a similar facility and/or those established in the City's Ordinances for the proposed type of facility. Sewer (ERU) 1 (EXISTING) Sewer Assessment per (ERU) Sewer Assessment Total N/A Sewer Latecomers Fee per (ERU) Latecomers Fee Total Water (ERU) Domestic /Landscaping I (EXISTING) Water Assessment per (ERU) Water Assessment Total N/A Water Latecomers Fee per (ERU) Water Latecomers Fee Total * (ERU) Equivalent Residential Units NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: That both parties of this agreement acknowledge that these assessments were determined from the above information, and not actual metered flows, and that the assessments for the proposed facility will be re-evaluated after a period of twelve (12) months of actual service /legal occupancy to determine if adjustments are warranted. The City shall refund any overpayment of assessments resulting from the re-evaluation, or the Applicant shall be responsible for payment of any shortage resulting from the re-evaluation. PATRICIA REED ASSESSMENT AGREEMENT Page 2 PATRICIA REED STATE OF IDAHO, ) County of Ada, ) ss. On this 27th day of February, 1997, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared,PATRICIA REED, known or identified to me (or proved to he on the oath of ), to be the person(s) who subscribed their name(s) to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at My Commission Expires PATRICIA REED ASSESSMENT AGREEMENT Page 3 CITY OF MERIDIAN Robert D. Corrie, Mayor William G. Berg, Jr., City Clerk STATE OF IDAHO, ) ss. County of Ada, ) On this 27th day of February, 1997, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Robert D. Corrie and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at My Commission Expires Meridian City Council February 18, 1997 Page 18 leveled, it is not a dumping ground for excess concxete and those kinds of things so that we as a City can maintain the lot and keep the weeds down with the equipment that we have or soon will have. I think that as for you Mr. McColl and Ms. Bowcutt that your client needs to be aware of that and that from my perspective any motion to approve the final plat would have that within the motion so that the taxpayers of Meridian are not paying to fix up something that should be in good shape to begin with. Those would be my thoughts concerning it. I do think the staff is capable of handling this or more than capable of handling it. I would like to see the leveling issue addressed in the motion. Rountree: That is what I was thinking when I brought it up. That we don't need to inherit a problem. Morrow: Good thinking Rountree: If you want to make that motion I will second it. Morrow: So I will make the motion that we approve the final plat for Los Alamitos No. 3 Subdivision by Farwest Developers subject to the satisfactory meeting of the requirements of all staff and agencies and subject to the school site/park site lot being in a level clean manner with capable of being maintained by a mower system. Rountree: Second Corrie: Motion made by Mr. Morrow to approve the final plat of Los Alamitos No. 3 Subdivision subject to staff approval of sign off and the condition of the school lots as discussed in the point of discussion, any further comments? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE FOR 12 CHILDREN BY PATRICIA REED: Corrie: At this time I will open the public hearing and invite either Patricia Reed or a representative to come forward first. Patricia Reed, 2167 Jericho Way, Meridian, was sworn by the City Attorney. Reed: I wanted to comment that 1 already have my certificate of occupancy and I brought my day care license tonight. I don't know if you need to see these or not. Corrie: I don't know whether they do or not, we wi11 just hold them in case they do. Comments from staff? Meridian City Council ~ • February 18, 1997 Page 19 Stiles: Is that what we already have on file? Reed: You should because I had to get this in order to have my first license for five. Stiles: You certificate of occupancy, and your license may change based on your having more children there. Reed: I talked to the lady. at the day care licensing and she said that the number of children that I had was not a concern. That had to be dealt with through Meridian. Stiles: So the license we have on file is Reed: The license that you have on file proves that I don't have a criminal record and that I have been approved to do such work. So the number of children I guess isn't the issue through the State it is only through Meridian. Stiles: So they don't license the facility for Reed: No they don't Corrie: Council members, questions? Morrow. You have read the staff conditions and were in agreement with those at the P and Z level and there has been no change since the P & Z. Reed: Yes Rountree: Mr. Morrow, on a point of discussion on those I would like to consider item 4 on page 8 relative to the assessment of sewer and water. I have stated my position previously on these that it is a commercial endeavor and I think that sewer and water ought to be assessed at a commercial rate. But whatever, Gary woe have talked about that in the past, do you have any more enlightenment on that? Is it working or not working? is it more work for you? Smith: Mr. Mayor and Councilmen, we only have one rate that is a cost per thousand gallons for sewer and water whether it is residential or commercial. The rub is on commercial each month of the year the user is charged sewer for the amount that goes through the water meter as opposed to a residential use that has a water average that is used for the following summer months for sewer assessments. We have made some policy decisions, I guess I have, on buildings that have a substantial amount of landscaping outside water use. In those cases we have reverted back to residential billing for that commercial use. So, unless this residence has a separate water meter for sprinkler water in my mind it would be unfair to charge them a commeraal user on Meridian City Council ~ • February 18, 1997 Page 20 the commercial user basis because of the amount of landscaping that they have and the fact that it was a residence at one time and that landscaping I don't believe has changed from what it was as a residence. The only thing that we were looking at on the possibility of a change of assessment was the amount of water that they would use. That is why we put that standard comment on all residential buildings that are converted to a commercial use. Rountree: So you are comfortable with the condition in the findings that takes care of your concerns? . Smith: I didn't read the findings specifically to see what it said. Rountree: It is basically entering into an agreement with the City. Smith: Reassessment yes and we do that on all commercial buildings or commercial users. Rountree: That helps me too, thanks. Corrie: Any further questions of the applicant? Thank you, since this is a public hearing is there anyone else from the public that would like to enter testimony at this time on the conditional use permit? Seeing none, council? Bentley: Mr. Mayor, I would move that the Meridian City Council adopt the findings of fact Corrie: If we are ready to do that I will close the public hearing. I will close the public hearing, Mr. Bentley. Bentley: I would move that the Meridian City Council adopt the findings of fact and conclusions of law as presented from Meridian Planning and Zoning Commission. Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma to approve findings of fact and conclusions of law as adopted and approved by the Planning and Zoning, roll call vote. ROLL CALL VOTE: Tolsma -Yea, Rountree -Yea, Bentley -Yea, Morrow -Yea MOTION CARRIED: All Yea Corrie: Entertain a motion on the decision or recommendation. Meridian City Council February 18, 1997 Page 21 Bentley: Mr. Mayor, the City of Meridian City Council hereby recommends that they approve the conditional use permit requested by the applicant- for the property described in the application with the condoions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. And that the property be required to-meet the water and sewer requirements, the fire and life safety codes, uniform fire code and other ordinances of the City of Meridian. The conditional use permit should be subject to review upon notice to the applicant by the City. Rountree: Second Corrie: Motion made by Mr. Bentley, secxmd by Mr. Rountree on the decision and recommendation, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER FOR 12+ CHILDREN BY RAYMOND CHACE: Corrie: Is Mr. Chace or a representative here? Chace: My name is Raymond- Chace, Crookston: Mr. Mayor, is this not a public hearing? Corrie: It is not on my agenda Crookston: It should be Berg: Shari, this does not require two public hearings does it? Stiles: No Corrie: Mr. Chace? Chace: Would you like me to offer a brief synopsis. We put in an offer to purchase the property at 1302 East First Street. The City of Meridian requested the conditional use permit for a child care center for 12 or more children. I sit on the board of directors of the parent company and we have reviewed the comments from the engineer, the planning director, the fire department. I personally attended the ACRD hearing and reviewed the district health and welfare comments and irrigation questions and the proposal. I am prepared to answer any questions you have. This is the last hurdle I believe before the purchase contract is completed. MERIDIAN CITY COUNCIL MEETING: February 18 1897 APPLICANT:_ PATRICIA REED ITEM NUMBER; 10 REQUEST• PUBLIC HEARING• REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE FOR 12 CHILDREN AGENCY COMMENTS CITY CLERK: MINUTES FROM 12-10-96 P ~ Z CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUAIONS OF LAW C~' CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS ~ ~ CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: ~ ~ ~ I ~ ~ n" .~,~ MERIDIAN POST OFFICE: \ V~ Q ~ f L"' ADA COUNTY HIGHWAY DISTRICT: ~ ~'~ ~~ ADA COUNTY STREET NAME COMMITTEE: c~ CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • Meridian Planning & Zoning Commission December 10, 1996 Page 21 Johnson: It has been moved and seconded that we recommend approval of the request of vacation of Farmington Estates No. 2 plat and streets, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE FOR 12 CHILDREN BY PATRICIA REED: Johnson: At this time I will open the public hearing and ask that the applicant or representative of the applicant address the Commission. Patricia Reed, 2167 Jericho Way, Meridian, was sworn by the City Attorney. Johnson: Just kind of tell us what you are going to do. Reed: Alright, right now I have a day care of 5 children actually. I need to expand, I am supporting my family,- I have a retarded son who is an adult and I have two younger children and my mom living with me. This is my livelihood, I enjoy working with children and I have a rather large home and backyard and I feel that I could do this adequately. Johnson: Thank you Patty, any questions of Ms. Reed? Borup: Have you reviewed the staff comments? Reed: Yes 1 have Borup: Any questions or anything on any of that? Reed: I made a phone call to Mr. Schmalz, he didn't return my call. I am not sure if there is something that I need to satisfy there. But I do have my day care license here and certificate of occupancy. Borup: You do have a certificate of occupancy? Reed: Yes I have it with me. Borup: I think Central District Health is asking far a review of the plan is what the comment says. I assume of the floor pian of the home, is that your understanding of what he wanted? Reed: Like I said he wasn't able to return my tail. I just received this today, I haven't had • • Meridian Planning & Zoning Commission December 10, 1996 Page 22 much time to work on it. But I do have a copy of my floor plan and I can certainly take it to them. I have two large play areas for the children. Johnson: I have a question, Central District Health, would they have gotten this sketch with their notice? Stiles: Yes the would. Johnson: So they already have this? So they must be looking for something in addition to this, is this what you are referring to? Reed: Yes Johnson: Well not being able to talk to them you don't really know what they want but apparently they want something other than this, right? Reed: Yes, apparently so. I can try him again tomorrow rooming. Shearer: 1 really don't think that affects us. We will require that you have the license and probably to get that license you will have to jump through that hoop. Reed: Now what kind of license are you referring to? I do have my day care license through the State of Idaho. Shearer: Don't they have a different one for when you go over five? Reed: No I called the day care licensing place and she said that was not an important issue for them. It is Meridian that has to be satisfied with the requirements. I have already been finger printed and 1 have gone. through that hoop already. Shearer: Well obviously Central District Health wants something else, they have to be taken care of before you are completely approved. Borup: I also had a question on item 4, it talks about screen, is that something that is necessary or is that just a standard comment in there, Shari? Johnson: Where is the comment, who is it from? Borup: From Shari Stiles, on her comments, it is the third sheet. Johnson: That is the screening and landscaping comment. L Meridian Planning & Zoning Commission December 10, 1996 Page 23 Stiles: That is a standard comment and it (inaudible) • Borup: That wasn't. necessarily a site inspection comment? Stiles: I guess I don't understand. Johnson: What he means is you didn't go out and look at it and decided that needed to be done, this is a standard requirement. Stiles: Right, I believe the Central District Health, they may be thinking that it is a child care center that is 50 kids or something like that. That may not even be an issue. Johnson: I kind of get that feeling myself. Commissioner Oslund? Oslund: You know I think I recognize your face, I think, weren't you before us when Jerry Cobler was in for their day care application and I think you were saying that you had one just a couple of doors down. Reed: Yes I do, Oslund: Maybe I am digressing a bit but have they actually opened up their business since it was approved? Reed: Yes they have and I have seen a few children in there too. Oslund: How is it working, 1 mean is it Reed: I don't see him too busy but it does take time. Oslund: You had some concerns at that point, have any of those materialized? Reed: Well it just seemed that there were two sets of rules, I was required to have a six foot fence, he has four, and I mean this cost money to put up a six foot fence and actually I would have done it anyway. But I just felt like somehow things were a little bit different for him and I didn't actually know why. But the kind of day cares that we, well I think a six foot fence would be a good requirement for a day care. A four fence those children can jump that gain link and get into the street. That is my object, I don't ever let my children out in front. They have to stay in the back where I know they will be safe. That is his responsibility, that front playyard there. Oslund: That is all I had. • Meridian Planning & Zoning Commission December 10, 1996 Page 24 Crookston: I just had a question, are there any I assume that there are not, but I have to ask, are there any canals around your property, ditches things like that? Reed: No Crookston: You don't have a swimming pool on your lot? Reed: No I don't Crookston: Those things have come up before. Reed: I am sure they have. Crookston: Thank you Johnson: Any other questions? Thank you, this is a public hearing is there anyone else that would like to address the Commission at this time? Any further comments? I 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 on this project. Oslund: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO I-L BY PROPERTIES WEST INC.: Johnson: We have addressed item 14 by announcement at the first of the meeting, does anyone have any questions regarding item 14 from the audience? I have nothing further on my agenda. Shearer: Mr. Chairman, I move we adjourn. Oslund: Second Johnson: We have a motion and a second to adjourn the meeting, all those in favor? HUB OF TREASURE VALLEY WILLIAM G. BF_RG, 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 PATH A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer ~~ Re; DAY CARE CENTER (Request for Conditional Use Permit - by Patricia Reed) 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 December 6, 1.996 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 11-2-41.4. 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: \OFFICE\ W P W IW\GENIERAL\REED. PBcZ ~ ~ COUNCIL MEMBERS OFFICIALS HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN EE L C BRUCE D. STUART, Water Works Supt. ENN R. BENTLEY G JOHN T. SHAWCROFT, waste water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 KEITH BORUP W.L. "BILL" GORDON, Police Chief Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER WAYNE G. CROOKSTON, JR., Attorney GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TO: Planning & Zoning Commission, Mayor & Council FROM: Shari Stiles, P&Z Administrator DATE: December 6, 1996 SUBJECT: Conditional Use Permit for a Group Day Care Home (up to 12 children) at 2167 Jericho Way by Patricia Reed 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 operators for this facility. 3. 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 and fencing. No unpaved areas are to be used for parking. 6. This Conditional Use Permit shall be subject to annual review. 7. Any proposed signage is subject to plan review. 8. Maximum number of children throughout the day is 12. The conditional use permit requested is not for a child care center. This proposed day care is located two houses down from the Jerry Cobler day care center (All About Kids) that was approved earlier this year. • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PATRICIA REED CONDITIONAL USE PERMIT FOR GROUP DAY CARE 2167 JERICHO WAY MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing December 10, 1996, at the hour of 7:30 o'clock p.m., the Petitioner, Patricia Reed, appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. 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 December 10, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 10, 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. 2. This property is located within the City of Meridian and the Applicant is the owner of the property; that the property is currently zoned R-8 Residential; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 A., Residential, Group Child Care Home is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. REED listed as a conditional use in the R-8 District aad, therefore, in the R-8 District a conditional use permit for the operation of a Group Child Care Home is required. 3. The R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: jR-8) Medium Density Residential District: The purpose of the (R-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. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 5. The property is located at MERIDIAN PLACE SUBDIVISION N0. 1, Block 5, Lot 4, within a R-8 single-family residential subdivision. 6. The intention of the Applicant is to operate a day care for children not to exceed twelve (12) children. 7. The Applicant testified that she presently has a day care for five (5) children; that the operation of the day care is her livelihood and she needs to expand her existing day care to support her family; that she has a large home and backyard which will be adequate for the day care; that she has her day care license and a Certificate of Occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. REED • • 8. The Assistant to the City Engineer, Bruce Freckleton, submitted comments which are incorporated herein as if set forth in full; that off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; that outside lighting shall . be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D. 3.; that all signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance; and that sanitary sewer and water to the facility would be through existing service lines; that assessments for sewer and water service will be reviewed to determine whether additional load justifies an adjustment to the assessments; and that the Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 9. The Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full; that the Applicant will provide a copy of the daycare license from the Idaho Department of Health & Welfare; that the operators' licenses shall be available on the premises for inspection at all times; that Applicant shall provide the Social Security Numbers of the operators of the facility; that the Applicant is to obtain a Certificate of Occupancy prior to operation of the group day care home; that the Applicant shall screen adjacent residential properties through landscaping and fencing; that no unpaved areas shall be used for parking; that the Conditional Use Permit issued FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. REED • ~ pursuant to this application shall be subject to annual review; that any proposed signage shall be subject to plan review; that maximum number of children at the group day care home throughout a day shall be twelve (12); and that the proposed group day care home is two houses away from Jerry Cobler's day care center, All About Kids, which was approved in 1996. 10. Meridian City Police Department, Meridian Fire Department, Central District Health Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 11. There was comment and discussion between Commissioner Borup, Chairman Johnson, Commissioner Shearer and the Applicant pertaining to the submitted comments of Central District Health Department, what Central District Health Department requires for approval of the application, and the satisfaction of such requirements prior to complete approval of the application. 12. There was comment and discussion between Commissioner Oslund and the Applicant concerning the prior day care application of Jerry Cobler, and the Applicant's expressed concern about the inconsistency concerning the height requirements of the fencing for Jerry Cobler's day care and the height requirements of the fencing previously imposed upon the Applicant. 13. The Applicant testified that no canals or ditches existed around her property and that she does not have a swimming pool on her property. 14. There was no further testimony given at the hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. REED CONCLUSIONS OF LAW • 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and,~pursuant to II-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statues and ordinances, and of actual conditions existing within the City and state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made apart of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. REED • • 6. The City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoninq Ordinance requires a conditional use permit to allow the use; c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic will increase, but due to the drop-off and pick-up being off of the street it should not be a problem; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. REED • • e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions involve a use, activity, conditions of operation person, property or the excessive production of glare or odors; are met, the use should not process, material, equipment or that would be detrimental to general welfare by reason of traffic, noise, smoke, fumes, h. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. Since .conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The children, if outside, shall be maintained in the fenced area, as required below; b. There shall be fencing, gates and locks for the outside play area such that no children can leave the property without an adult unlocking and opening the gate to let the child or children out of the play area; no children shall be allowed outside of the play area or the home without an adult being present; the fence shall be maintained in god repair and the children, when outside, shall stay in the fenced area and the children shall not be allowed outside of the fenced area or the home, except for drop-off and pick-up times, but an adult shall be with them at all times if the child or children are waiting to be picked up; c. The Applicant shall meet the state of Idaho requirements for staff to children ratio; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. REED • • d. The Central District Health Department and the state of Idaho Department of Health and Aelfare have requirements for day cares and the Applicant shall meet those requirements of the Central District Health Department and the state of Idaho Department of Health and Welfare; e. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another property;- f. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, and other governmental agencies submitting comments, which comments specifically include: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; 2. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D. 3.; 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. The Applicant shall enter into an Assessment Agreement with the Citg of Meridian and assessments for sewer and water service will be reviewed to determine whether additional load justifies an adjustment to the assessments; 5. The Applicant shall hold, maintain a daycare license from the state of Idaho and provide a copy thereof to the City of Meridian; 6. The operators' licenses shall be available on the premises for inspection at all times; 7. The Applicant shall provide the Social Security Numbers of the operators of the facility; 8. The Applicant shall obtain a Certificate of Occupancy from the City of Meridian prior to commencing operation of the group day care hare; 9. The Applicant shall screen adjacent residential properties through landscaping and fencing; FINDINGS OF FACT AND CONCLUSIONS OF LbW - Page 8. REED • • 10. No unpaved areas shall be used for parking; and 11. Any proposed signage shall be subject- to plan review. g. The conditional use should not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for. violation of any conditions imposed herein and in other day care conditional uses and other conditional use applications. 9. There shall be no more than twelve (12) children cared for at the home throughout the day. This number of children shall be arrived at from the total number of children at the facility during a day, and not the number of children at the facility at one time. 10. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 11. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MACCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED ~" _~, _ ~ f VOTED - ~~T ~~ - l.~. ~r L ~ ~ ~Jh VOTED ,,,/ f ~~ ~^- VOTED ° (I~ ~'9 ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. REED • ~ 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 or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, Uniform Fire Code and other Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED t(1 ~' DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. REED WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Adminlstretor PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • ~ I CO HUB OF TRE~URE VALLEY L NGIL MEMBERS A Good~ce t0 LiVC WALT W MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA E C GLENN R. BENTLEY 33 EAb~` IDAHO MERIDIA1~i,IDAHO $3642 P & Z COMMISSION Phone (208) 888-443i•FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building lJdpartmem (208) 887-2211 TIM HEPPER Motor Vehicle/DriveaLicense (208) 888-4-043 JIM SHEARER GREG OSLUND ROBERTD. 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 8t Zoning Commisseon, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: December 3. 1996 TRANSMITTAL DATE: 11/19/96 HEARING DATE: 12/10/96 REQUEST: Conditional Use Permit for a day care for 12 children BY: Patricia Reed LOCATION OF PROPERTY OR PROJECT: 2167 Jericho Wav -Lot 4, Block 5 of Meridin Place Subdivision No. 1 JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, 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 MERIDlpW SCHOOL DISTRICT MERIDIA~t. POST OFFICE(PRELIM & FINAL PLAT) ADA COEINTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT SETTLH'iS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. W~'i'(PRELIM 8~ FINAL PLAT) INTERMdUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECIAMATION(PRELIM 8~ FINAL PLAT) CITY FILE u ~ 2 ~ ~~~~ CITY ®F ~~~,~~~~i~ WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & 2 Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • H s • CC $ t?F TREASURE VALLEY GOUNGIL MEMBERS Ili Good Pl~e to Live WALT W. MORROW, President CITY I)F MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO ~BRIDIAN, IDAHO 83642 P r3<Z COMMISSION Phone ~) 888-4433 • FAX (206) 887-4813 JIM JOHNSON, Chairman Public WarEs/Building Depattrnetu (208) 887-2211 TIM HEPPER Motor \widticle/Drivers License (206) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRB; 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 Ha16, Attn: Wili Berg, City Clerk by:. December 3. 1996 TRANSMITTAL DATE: 11/19/96 HEARING DATE: 12/10/96 REQUEST: Conditional Use Permit for a day care for 12 children BY: Patricia Reed LOCATION OF PROPERTY OR PROJECT: 2167 Jericho Wav -Lot 4, Block 5 of Meridin Place Subdivision No. 1 JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, 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 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES ~/ ~ O OTHER: YOUR CONCISE REMARKS: ~., q ~ ~ s~ ~~~~ /v CENTRAL CEN •• DISTRICT pRHEALTH DEPARTMENT Rezone # E ~ ~ `f~ I~~oise :I~'1(OF iVIER~I~Ie LuJ Garden city S~.Meridian Conditional Use # ,!~/i• y C.~F fO2 ~~/cIGZ ~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 DISTRICT HEALTH D Environmental Health Division ^ 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. Street Runoff is not to create a mosquito breeding problem. ^ I I. ^ 12. ^ 13. 14. ^ 15. 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. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ beverage establishment ^ grocery store child care center Date: ! ~ ~ / ~ G T~ Reviewed By: Review Sheet fDHD 10/91 rcb, rer. 1195 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" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY ~ GOUNGIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C GLENN R. BENTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (20~ 887-4813 M JOHNSON, Chairman Public WorksBuilding Deparvnent (208) 887-2~~ ~ ~ (~~(`,~ ~ TIM HEPPER Motor Vehicle/Drivets License (~ 888-444 LJ ~./ L_=i JIM SHEARER GREG OSLUND ROBERT D. COl2RIE N 0 V 2 ~ 1996 MALCOLM MACCOY Mayor NAMPA & Mf:RIDIAN IRRIGATION D15TRICT 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: December 3. 1996 TRANSMITTAL DATE: 11/19/96 HEARING DATE: 12/10/96 REQUEST: Conditional Use Permit for a day care for 12 children BY: Patricia Reed LOCATION OF PROPERTY OR PROJECT: 2167 ,)macho Wav -Lot 4. Block 5 of Meridin Place Subdivision No. 1 JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z JIM SHEARER, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P2 ADA PLANNING ASSOCIATION KEITH BORUP, P!Z -BOB CORRIE, MAYOR CENTRAL DISTRACT HEALTH ~AMPA MERIDUW IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C WALT MORROW, C/C -GLENN BENTLEY, C/C -WATER DEPARTMENT -SEWER DEPARTMENT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELlM $ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER Nampa & Meridian Irrigation District has no comment on the above referenced aunlication S'ncere c~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT aov 2 91x96 t~1'Y OF ltF.RIDIAN 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 , 199~r ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED` COUNCILMAN ROUNTREE V VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED (INITIAL) APPROVED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~~ ~'~Gt ~~ ~2 ~~ Lhc `ld~e~ ~y f%~f--icia ~e~y Meridian Planning & Z~hg i January 14, 1997 Page 2 Johnson: Moved by Commissioner Oslund, second by Commissioner MacCoy to approve the minutes as written, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A GROUP DAY CARE FOR 12 CHILDREN BY PATRICIA REED: Johnson: Any comments or discussion or corrections necessary on the findings of fact as prepared by our City Attorney? If there is no further discussion I would invite one of the commissioners to recommend approval Borup: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. Oslund: Second Johnson: Moved and. seconded that we approve the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy -Yea MOTION CARRIED: All Yea Johnson: Recommendation to pass onto the City? Borup: Mr. Chairman, I move that Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified as appropriate by the City Council and that the property be required to meet the water and sewer requirements, fire and life safety codes, uniform fire code and other ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Oslund: Second Johnson: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO I-L, SOUTH OF FRANKLIN ROAD, WEST OF LOCUST GROVE ROAD BY PROPERTIES WEST, INC.: MERIDIAN PLANNING & ZONING COMMISSION MEETING: January 14.1997 APPLICANT: PATRICIA REED AGENDA ITEM NUMBER: 1 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR GROUP DAY CARE 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: OTHER: A~1 Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: December 10.1996 APPLICANT: PATRICIA REED AGENDA ITEM NUMBER: 13 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE FOR 12 CHILDREN AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: n ~, /~~ CITY POLICE DEPT: "REVIEWED" C (I~ CITY FIRE DEPT: SEE ATTACHED COMMENTS 1~ CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: ~ C \` ,' MERIDIAN POST OFFICE: ~/ ADA COUNTY HIGHWAY DISTRICT: ~1 ADA COUNTY STREET NAME COMMITTEE: V~ CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: ~~ IDAHO POWER: US WEST: . INTERMOUNTAIN GAS: ~ , / ~ C ~ BUREAU OF RECLAMATION: 1( OTHER: All Materials presented at public meetings shall become property of the City of Meridian.