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Learning RZ CZCV 11-007~E IDR IAN-- ionHO March 9, 2011 Bryan Elliott Learning ltx 9862 W. Pattie Drive Boise, Idaho 83704 RE: Learning ltx- 105 E. Idaho Avenue (CZCV-11-007) Dear Mr. Elliott: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba This letter is to confirm the approval of your certificate of zoning compliance verification application to change 2,015 square foot of office space to an educational training space. An educational training use is principally permitted in the O-T (Old Town) zoning district, per UDC Table 11-2D-2. Please contact Building Services and the Meridian Fire Department for specific permit and code requirements. If you should have any further questions regarding this matter, please don't hesitate to contact Bill Parsons at (208)884-5533. The applicant, director, or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing.with the Planning Department on or before March 24, 2011, within fifteen (15) days after the written decision is issued, and contain the information listed in Unified Development Code (UDC) 11-SA-6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web-site at www.meridiancity.org departments/planning/commentcard to fill out a customer survey and give us feedback on how we are doing. me rely, Friedman, AICP eputy Director. PF: by I~i~nnin~ D~garl~~nt . ~~ ~. S~~adway ~v~nu~, M~ridi~n, iA ~~~a~ Phen~ X90=$~a-5~~~ Fix 291-08B-6Q~4 wuvw.m~fi~i~n~ity.Ar ~q ~ _ ..w Planning Department CERTIFICATE OF ZONING COMPLIANCE VERIFICATION Application Checklist Project name• ~c,~N i / 2~CC' ~ File#: (iZC.[).. ((-00 Applicant/agent• RI'V o v- I. ~~i d p~A~ All applications are required to contain one copy of the following unless otherwise noted: Applicant ~ Description Staff ~ :~ Com leted & si ned Administrative Review A lication Letter and/or Narrative full describin the ro osed use of the ro ert / Recorded warran deed for the sub'ect ro ert ~- Affidavit of Legal Interest signed & notarized by the property owner (If owner ~s a corporation, submit a co of the Articles of Inco oration or other evidence to show that the erson si in is an authorized a ent. Scaled vicini ma showin the location of the sub'ect ro e Co of the recorded lat the roe lies within (8 %:" x 11" ~ ~" Address verification letter from Develo ment Services 887-221 I Fee If this ro'ect had rior a royal on a site lan, reduced fees ma a I ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this application. All impact fees, if arty, shall be paid prior to the issuance of a building permit. /f arty changes must be made to the site plan to accommodate the ACRD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until A CHD has approved your plans and all associated fees have been paid. THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. ~t~CEIVE~ ~A~ ~~ ~~ ~~d(~ ~.!k fi ~~" r: k i1 ~aji "7',9t 5 r ~ - i _„_.__. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (l0/05/09) E IDIA~T-- 1 A ( j<' Planning Department ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) ^ Accessory Use ^ Alternative Compliance ^ Certificate of Zoning Compliance ~ Certificate of Zoning Compliance Verification ^ Conditional Use Permit Minor. Modification ^ Design Review ^ Private Street ^ Property Boundary Adjustment ^ Time Extension (Director) ^ Vacation ^ Other Applicant Information Applicant name: Boise Brain Trainine LLC Phone: 208-672-8224 Applicant address: 9862 West Pattie Drive, Boise ID _ Zip: 83704 Applicant's interest in property: ^ Own Q Rent ^ Optioned ^ Other Owner name: Boanerges LLC _ Phone: 208-887-4800 Owner address: 730 N. Main, Meridian, [D Zip: 83680 Agent name (e.g., architect, engineer, developer, representative): Kent Krohn Firm name: Leatham -Krohn -Van Ocker Architects Phone: 208-336-3443 Address: 2400E Riverwalk Drive Boise, ID Zip: 83706 Primary contact is: Q Applicant ^ Owner ^ Agent ^ Other Contact name: Bryan Elliott Phone: 208-867-9541 E-mail: b elliott(u~leaminarx net Fax: Subject Property Information Location/street address: 105 E. Idaho Assessor's parcel number(s): 85672000680 Township, range, section: .3~ ~ ! ~ D ~ Total acreage: 0.14 Current land use: vacant Current zoning district: O-T 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. l l/4/08J Project Description Project/subdivision name: LearningRx TI General description of proposed project/request:Rdd 3/4 walls to existing structure per design. Proposed zoning district(s): Old -Town Acres of each zone proposed: Type of use proposed (check all that apply): ^ Residential ^ Commercial ~ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): N/A Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of'connection is city water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Percentage of useable open space: Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^Singie-family ^ Townhomes ^ Duplexes ^Muiti-family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: 2015 Existing (if applicable): 2015 Hours of operation (days and hours): M-F 9:OOam - 7:OOp, Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: 10 Maximum number of employees at any one time: 5 Number and ages of students/children (if applicable): Seating capacity: 20 Total number of parking spaces provided: 15 + 3 Hand Number of compact spaces provided: Authorization Print applicant name: ~ ~ ~ 11 •~ `~ Applicant signature: Date: . S ~9~G~ 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 P e: ) 884-5533 • Facsimile: (208) 888-6854 Website: www.meridiancity.org 2 LearningRx TI -Narrative DESCRIPTION OF PRODUCTS/SERVICES LearningRx is a service business, serving children and adults with learning or reading difficulties. The LearningRx programs of ThinkRx and ReadRx (a second program offered after cognitive skills training to enhance reading ability), and MathRx programs are unique because rather than tutoring students, they are training cognitive skills such as attention, simultaneous processing, sequential processing, planning, processing speed, short-term memory, long-term memory, auditory processing and visual processing with the goal of making the student more efficient at taking in and using. information thus making them better students. Life magazine featured the idea "Brain Calisthenics" in the article "Building a Better Brain". It stated that "evidence is accumulating that the brain works a lot like a muscle the harder you use it, the more it grows". The ThinkRx and ReadRx programs work on this principal of training the brain to process the sensory information we have gathered. There is currently no other learning and reading center in the area working at training cognitive skills. There is significant opportunity for growth because of lack of competition. The goal of LearningRx is to identify underlying cognitive weaknesses in individuals by conducting a formal evaluation and designing and implementing a customized plan to address and strengthen those weaknesses over a period of 12-24 weeks. Trainers work individually with students to develop the cognitive skills that allow them to process the sensory information that they have gathered. Processing includes their abilities to attend to, discriminate, analyze, evaluate, and compare information, to recall experiences, and to determine a plan of action. These skills are almost completely learned and are determined by interactions with environment and other people. Academic skills, those such as algebra, reading, and typing, are dependent on underlying cognitive skills. Developing cognitive skills makes the student more efficiently able to develop academic skills. This business is different from other approaches to academic remediation in that it does not work at the academic level, but rather targets the underlying cognitive skills that make learning easier and more efficient. It is not tutoring. It is giving the students the tools they need to handle academic instruction. The strengths of this business are the program itself, the company support, and the experience Cynthia and Bryan Elliott. OPERATIONAL PLAN The Elliott's LearningRx franchise will be located in Meridian, Idaho which is near the center of their protected territory and near Eagle Road and Fairview for easy access. The office will be approximately 2,015 square feet and organized in similar fashion to other centers. The Company hours of operation will be from 9 A.M. until 7 P.M., Monday through Friday and from 9A.M. until 1 P.M on Saturdays. The busiest part of the day at a LearningRx center is typically throughout the late afternoon and early evening when students arrive. Trainers will be recruited and trained in preparation to work with students on an as- needed basis as the business grows. Training for trainers is anticipated to take approximately 20 hours per trainer. A typical day at LearningRx would have any number of students being scheduled, as well as consultations and other administrative duties. Traditional students would come in after their normal day for training and run into the evening. The training sessions are normally 1-1.5 hours in length, and most students will come in for training 3-5 times per week, depending on the program. ,~,~ ~,:. .y,. ,, kr~ A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 821 West State Street / Boise, Idaho 83702-5836 /Telephone (208) 336-6700 WARRANTY DEED For Value Received R. JACK SWEET and IDA T. SWEET, husband and wife hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto BOANERGES, L.L.C., an Idaho limited liability company hereinafter referred to as Grantee, whose current address is p d. yak /l 9.3, /~eri ` ~ar~, -~~ ~3~ d'4 the following described premises, to-wit: SEE LEGAL DESCRIPTION, EXHIBIT "A", ATTACHED. ~:~~~f-~ ~~av~~~r~r ~~~c©l;n~:;t f;):~~~~1C11~1~a~t~;Ff~tl ~OD~ ~~iR -Ei t~~~ l,is ~~? Ft~Ct)itC1~.1J ` 1,~(:~lJir;~~{ i::i: ,, ~ ~s 4 j:.i ~:~ ~.~+ ~~ ~ 1 To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. STATE OF IDAHO ) ss. COUNTY OF ADA ) On This 2ND day of March. in t ~-~, ~_ Dated: March ~ ~nnt FILE ~~0.: P194119 EXHIBIT A PARCEL A THE SOUTHERLY 30 FEET OF THE WESTERLY 10 30 FEET OF LOTS 19 AND 20 ALL IN BLOCK 4 MERIDIAN, ACCORDING TO THE PLAT THEREOF, 30, RECORDS OF ADA COUNTY, IDAHO. FEET OF LOT 18 AND THE SOUTHERLY OF THE AMENDED PLAT OF TOWNSITE OF FILED IN BOOK 1 OF PLATS AT PAGE PARCEL B THE WESTERLY 10 FEET OF LOT 18 AND ALL OF LOTS 19 AND 20 ALL IN BLOCK 4 OF THE AMENDED PLAT OF TOWNSITE OF MERIDIAN, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 1 OF PLATS AT PAGE 30, RECORDS OF ADA COUNTY, IDAHO. EXCEPT THE SOUTHERLY 30 FEET THEREOF. END OF LEGAL DESCRIPTION AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, Gtr~yt ~ ~~P~'P//' ,L~ Gy111 G ~D (tee) ~ (address) T (city) (state) being first duly sworn u~on, oath%ydepose and say: 1. T'hat~ amd~the cord' owner of the property described on the attached, and I grant my permission to: J /' is CJ ~ ~ ~ ~I ~!l , /8~ Z lt~ '~.T/~ ~i ~<i)SC ~~.37d~ (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this !3 day of ~! ~j,~iyG<'1 2p~_ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above o'~' ~~ NZO ''a, w ~ SPRY ~ (Notary Public for Id o ~: :¢• ~O / ' < :~: ~' ti ;~ y - Re ding at: ~,/~ ~~'•,~ •••••....••''o~ ~~.•'~- My Commission Expires: ~'6 -- l ~ aQ/~ 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854. Website: www.meridiancity.org v .._ - -• ~ y-. ~J u. ~ b: ~ 1e: _ Q r y ig 1~ r Y • s' Y Y Y _ rP P ~ Un r ~ ~ D ~ 1q r Q y 2 j ~ r ~ O r ~ a • D r e 5 g __ f { g y _ n g a s . i o E * y__ _i r i ~• ~ .1 a 1 < ¢ F I RST ST. S r a ~ o O r y r g ~ a 1 i • F • g • R D • ^ D D ~ < g < < . y ~ *. M t7 y r s 6 SECOrup s-t: S y~,, J • V r • (~~ w N y s D~ ng~~ z 8 ~ ~V o ~ W ~ ~~ ~ ~ ,G ~ ti ~~~ . , ~ ~~ ~~ ~ .~ ~ ~ ~~ ~: ~ ~E.~~w ~~ ~ ~~ ~~~ ~ ~ ~~ .ti ~ ~. Ij P h G ~I~ ~C . Ti 'Pi 1 ~ ~~ ~~..~ a ~~ ~ w 0 Page 1 of 1 105 E. Idaho THIS MAP NOT INTENDED FQR NAVIGATIONAL USE httn~//FF_19?_1 R4.147/imf/imfPrintMan.isn?title~l~5 R. Idaho 3/8/2011 E IDIAN~-- IDAHO Meridian Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 PW 100 FORM Date: 2/28/11 Ph: (208) 887-2211 Fax: (208) 887-1297' www. meridiancity.org~ The following property has been researched by The City of Meridian Public Works Department. Project Name: LEARNING RX TI Address: 105 E. Idaho Ave. Zip Code: 83642 1) The address has been assigned based on available information. This address should be considered temporary (Development process has not been completed, so the address may change) 2) This address will be required to connect to municipal services. Water and Sewer mains are available for connection to the Municipal System. This property does not currently have services available. (Development process has not been completed) 3) _X_ This is an existing structure that is connected to municipal services. EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE). Terri Ricks Land Development Services tricks@meridiancity.org -- ..., ~,~•• 1~•YV ryn Gu~sBrsnti859 X00 E. Cerfton, Sude 2U1 Meridian, !D 83642 Phone: 2p8.884.5533 Fax 208.887.1287 Fi~7C Tai David Wy Pax= 867-4865 ~na1 City of M er id ian Punni ng ~ Z oni ng Steve Sirirlnw~., Phone: Re: Alew Tenant(s) IIERTDIAIv P&Z DEPT. CC: © Urgent D For Rerr9ew l7 Please •Canrner:te: It has been determined tsy the P&Z Dept that your commercial and otllce uses, Any change to tenant c will not require a Conditional Use Permit. Arty ch require a conditonal use permit under current ordinar November 10, 21)03 1 file D Please ReP~r O Please Reryc1® arty at Main & )daho has historically been in use Is deemed a permitted use and as such of use or enlargement of the structure will Please call if you have any further questions.