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Robertson, Darcy AUP HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE CITY OF MERIDIAN City Council Members CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 KEITH BIRD LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 7 1999 TRANSMITTAL DATE: July 19 1999 HEARING DATE: September 14 1999 FILE NUMBER: AUP-99-015 REQUEST: ACCESSORY USE PERMIT FOR HOME DAYCARE BY: DARCY ROBERTSON LOCATION OF PROPERTY OR PROJECT: 1458 N. HAVEN COVE AVENUE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, 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 RECLp,MATION(PRELIM & FINAL) YOUR CONCISE REMARKS: • • CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 ~~ ~~~:~~ ti JUN 2 Z 1999 CITY OIL' 1~'Li1ZIlalAl~ sL!~ ACCESSORY USE APPLICATION '~"' APPLICANT: Phone: ~8~"~`/~~ ( caner or holder of valid option) ADDRESS: 7 ~ b /~i'. ~i~L'LIJ~ ~d.~~ ~F~ GENERAL LOCATION: ~ FC" C~j ,Pr ~ Ln ~-c ~~~ L. ire ~ p~ °" LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy): PROOF OF OWNERSHIP: Copy of property deed must be attached, with option agreement and notarized consent of owner if applicant is not legal owner. SIZE OF PARCEL OR LOT: U.33 ~ ~ )UO ZONING CLASSIFICATION: ~~ VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, adjacent uses, streets existing and such other items as the City may require. Also include a site plan showing boundaries of property floor plan of house area intended for accessory use, and parking. and vazd azeas. SURROUNDING PROPERTY OWNERS: Provide a list of names and addresses of all abutting property owners. Abutting land includes pazcels across the street on alleys and kitty corner from property, including where a street or alley is between your property and the other property. (This information will be provided by City of Meridian.) DESCRIPTION OF REQUESTED ACCESSORY USE: I`(,ZN'1l f~ I~(~~~r~- ' 015 FEE: 80.00 • • 1. Use made of all abutting lots or parcels: c° S j' (~ ~~- i Oi' 2. Are there other accessory uses of a similar nature in the azea? If so, state the location and the accessory use: ~j?4 3. Possible adverse impacts on adjacent property such as noise, traffic, excess light, odor, etc.: ~/D/1/~ 4. Do you agree to pay incre ed wer, water or trash fees if such aze required due to increased use?~Sfj ~ h e ~ ~ . If the accessory use ' -a ~trildmg on the lot or parcel, complete the following: a. Will all parts of the accessory building be located within the lot or parcel? b. Is the primary building already constructed? c. Is the accessory building to be attached to the primary building? d. Will the accessory building be constructed in the rear yard of the primary building?_ e. Will the accessory building occupy less than 40% of the required rear yard for the primary structure? f. If the answer to the above is no, will the accessory structure be connected to the primary structure and will both the primary and accessory structure then meet all yazd and court requirements? g. Does the height of the accessory building exceed 15 feet? h. If the lot or parcel is zoned commercial, is any abutting property zoned residential and, if so, will the accessory use occupy any of the front yard? 6. If the accessory use is for a Family Child Care Home, complete the following: a. Is a State of Idaho basic day care license required for this type of facility?~ If so, attach a copy of your license. b. Have you applied for or received an occupancy permit?~l i° S If so, attach a copy of your application or permit. c. Is one off-street parking space per employee provided? nir~ F rY!r~<©y~.~ S d. If the home is located on an arterial or collector, is anoff-street child pick-up area provided? /~/ A e. Is screening of adjacent properties provided?~s f. Is the play area for the children fenced from streets and neighbors?~~ If so, what is the fence height and type of construction? ~~ F~- woo c~ `~ If the accessory use is for a home occupation, complete the following: a. Are only family members residing in the principal residence? b. Is the use of the residence as a home occupation incidental and subordinate to its use as a residence? c. Will the home occupation use more than 25% of the floor area of the dwelling? 2 d. Will any item be offered for sale that is not produced by the dwelling occupants of the premises? e. Will mechanical or electrical equipment be installed or maintained other than such as f. g• h. i. J• is customarily incidental to domestic use? How much traffic will be generated by the occupation?. Will off-street parking requirements be met? Will off-street parking requirements be located in a required front yard? Will equipment or processing create noise, vibrations, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot? Will the appearance of the residence be altered or the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference? I hereby certify that the information contained herein is true and correct. SIGNATURE: SOCIAL SECURITYN .. ~ ~~- 9~.. 3S ,7 DATE: LQ- I ~ ' 9q STATE OF IDAHO ) ss. County of Ada) ' / y On this ~ day o Ll /~~ , 1998, before me, a undersigned, a Notary Public in and for said State, personally appeared ,known, or proved to me, to be the person(s) whose name(s) is (are) subscri to the within instrument, and acknowledged to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. a~ N tart' Pu i for ,ah , Residing at. l~-U/" (SEAT..) My Commission Expires: 3 When Recorded Mai o: MEDALLION MORTGAG OMPANY P.O. BOX 9369 SAN JOSE, CA 95157 ESCROW NO. ST-93044921 0000176528 ' Space Above Thix Line For Recording Data) State of Idaho DEED OF TRUST FH 121 a 14 ~ 118 7 - 703 THIS DEED OF TRUST ("Security Instrument") is made on FEBRUARY 2 3 , 1994 The Grantor is CHARLES W. ROBERTSON AND DARCY K. ROBERTSON, HUSBAND AND WIFE ("Borrower"). The trustee is STEWART TITLE OF IDAHO, INC., AN IDAHO CORPORATION ("Trustee"). The beneficiary is MEDALLION MORTGAGE COMPANY, A CALIFORNIA CORPORATION which is organized and existing under the laws of CALIFORNIA ,and whose address is 650 SARATOGA AVENUE SAN JOSE, CALIFORNIA 95129 ("Lender"). Borrower owes Lender the principal sum of EIGHTY SEVEN THOUSAND EIGHTY SIX AND NO/100--- Dollars (U.S. S 87 , 086.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on MARCH 1, 2024 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all, renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in ADA County, Idaho: LOT 9 IN BLOCK 3 OF HAVEN COVE NO. 2, ACCORDING TO THE OFFICIAL PLAT. THEREOF, FILED IN BOOK 63 OF PLATS AT PAGE(S) 6409-6411, RECORDS OF ADA COUNTY, IDAHO. 1458 NORTH HAVEN COVE AVENUE Strtxt, Ci which has the address of MERIDI~,N [ 4'1• Idaho 83642 ("Property Address"); [Zip Code] Page t of 6 FHA Idaho Deed of Trrtst - 2/91 ~~. • • LLI W O U Z W Q =a z~ o~ ~z s_ zv o> oc W m 0 U DC Q D NOTICE OF APPLICATION NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that Darcy Robertson has filed with the Zoning Administrator of the City of Meridian an application for an Accessory Use Permit for the operation of a Family Child Care Home for five or fewer children out of her home at 1458 North Haven Cove Avenue, Meridian, Idaho. Comments, either for or against, said application must be filed with the Zoning Administrator within fifteen (15) days after the initial publication of this notice and shall be addressed to Shari Stiles, Zoning Administrator, City of Meridian, 200 East Carlton, Suite #201, Meridian, Idaho. If there are objections filed within the time allowed, the Planning and Zoning Commission shall hold a public hearing on the application, after proper notice, and may grant or deny the application after making and adopting Findings of Fact and Conclusions of Law. The property at 1458 North Haven Cove Avenue is more particularly described as Lot 9, Block 3, of Haven Cove Subdivision No. 2, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 23'~ day of June, 1999. .~ SHARI STILES, ZONING ADMINISTRATOR PUBLISH June 30"' and July 7~', 1999. s ~- ~~. JUL 131999 CITY ~;~~~" :YL~;lillilAN July 13, 1999 Ms. Shari Styles Zoning Administrator City of Meridian 200 East Carlton, Suite 201 Meridian, ID 83642 Dear Ms. Styles: RE: Accessory Use Permit for home daycare At 1458 N. Haven Cove Ave. We applaud Ms. Robertson's efforts to legally obtain the permit, but nonetheless, we must oppose the application. We understand an individuals right to earn a living. However, we have valid reasons for opposing home businesses in our neighborhood. Our Covenants, Codes and Restrictions (CC&R's) specifically forbid any businesses operating within the boundaries of Haven Cove Subdivision Nos. 1 through 4. By law, every house buyer is made aware of the CC&R's during the loan process. Our CC&R's are a legally binding document, on file at the Ada County's Recorders office. Currently, we are attempting to correct numerous CC&R violations within Haven Cove. It has proven difficult, but we must protect our neighborhood. If the City approves this application, our CC&R's will become weaker and much more difficult to enforce. We ask the City, why have CC&R's to help "protect" the community if they cannot be enforced by the neighborhood? We also request that we be included on the city's mailing list for any and all future legal notifications, including this Accessory Use Permit, that occur within the boundaries of Haven Cove Subdivision Numbers 1 through 4. Please mail said notifications to our President, Mr. Gary Anderson at 2455 W. Willard, Meridian, Idaho, 83642. Sincerely, Haven Cove Home Owner's Association Gary Anderson David Parker Scott Stanfield 2455 W. Willard 2481 W. Willard 2689 W. Santa Clara Dr. Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Cc: Mr. Will Berg, City Clerk R~cEi~~ J U L 1 3 1999 ~~~ ~~~{.~~ rax~h~ PLA~`NING & f U'~ t ~ t' July 8, 1999 Shari Stiles Zoning Administrator City of Meridian 200 East Carlton, Suite 201 Meridian, ID 83642 Re: Application by Darcy Robertson for Family Child Care Home Dear Ms. Stiles, We are neighbors of Mrs. Robertson and live directly across the street from her and her family. From our perspective, we do not foresee a problem with the prospect of a Family Child Care Home in her residence at 1458 North Haven Cove Ave. Just the opposite, we encourage it. The Robertson's are a nice family who take care of themselves and their property. North Haven Cove Ave. does have some regular traffic on it and we do not feel that a few more cars a day would be a problem. Since the cars will not be at the home all day, only to drop off and pick up their children, we also do not see a problem with parking. We do not feel that adding five children to our neighborhood for in-home daycare is going to increase the noise level. We have children of our own and are not in favor of big location daycares. Finding a good, small in-home day care is not always easy. We support the application of Mrs. Robertson and hope to see that the Meridian Planning and Zoning Commission has the same opinion. Sincerely, ~~~%~r~'~~~'~~ Michael S. Schneider J Sc n ider 1443 N Haven Cove Ave. Meridian, ID 83642 (208)887-4828 • I • OFFICIALS 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. KENNY W. 80WERS, Fire Chiet W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney October 12, 1994 • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor Charles & Darcy Robertson 1458 N. Haven Cove Ave. Meridian, ID 83642 RE: FENCE VARIANCE REQUEST 1458 N. Haven Cove Ave. Dear Charles & Darcy: COUNCIL MriNi3ER~ RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning The Fence Variance Committee of the City of Meridian met in your presence October 7, 1994, in City Hall to consider this request. After. due consideration, the Committee decided to allow construction of this 6 foot tall solid fence in the side street (W. Leonard St.) setback area subject to the following: 1. ''The face of the fence shall be set ten (10) feet from the back edge of sidewalk along W. Leonard St. and shall connect to the house at its approximate mid-point of the north wall. S 2. The area between the fence and sidewalk shall be landscaped and maintained by you. 3. The board side of the fence shall face W. Leonard Street. 4. The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivisions Protective Covenants. Since this is a variance to a provision of your covenants we suggest you also contact your Homeowners Association. 5. Please obtain a fence building permit from City Hall prior to beginning construction. Thank you for complying with the City ordinance in requesting this variance. Sin rely, mith, P.E. Chai an, Fence Committee cc: File City Clerk Building Inspector ~; ,~ e W ~ _~_ . ~ ~ ~ _ ~~ •_ ^ ' V :~ ri N JI ~ ~ PK 2 • \ l 1 . ~ ~ ~ '° ~. ~ J ~- ~ 3 ~ Z J~ .'~ o A 7 n-.r~' ' ,3 ~ '.3 ;r....: ~. • i) ~~ ~ '1 fi fl '~ ~• 1 !/ '1 •~ J (1 y _ ~; - w_,, ,,,,~~ ,.._ :_~ -t. ~.» ~~' _' n GY V~ • e ~ffi~~ u .) ~~ !/ t~ a .~ ^ ,•, '~+ ** TX STATUS REPORT ** DATE TIME TO/FROM 07 06/25 09 11 208 888 1097 • RS OF JUN 25 '99 09 12 PAGE.01 PUBLIC WORKS MODE MIN/SEC PGS CMD# STATUS EC--S 00'32" 001 223 OK NOTICE OF APPLICATION NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that Darcy Robertson has filed with the Zoning Administrator of the City of Meridian an application for an Accessory Use Permit for the operation of a Family Child Care Home for five or fewer children out of her home at 1458 North Haven Cove Avenue, Meridian, Idaho. Comments, either for or against, said application must be filed with the Zoning Administrator within fifteen (15) days after the initial publication of this notice and shall be addressed to Shari Stiles, Zoning Administrator, City of Meridian, 200 East Carlton, Suite #201, Meridian, Idaho. If there are objections filed within the time allowed, the Planning and Zoning Commission shall hold a public hearing on the application, after proper notice, and may grant or deny the application after making and adopting Findings of Fact and Condusions of Law. The property at 1458 North Haven Cove Avenue is more particularly described as Lot 9, Block 3, of Haven Cove Subdivision No. 2, Meridian, Ada County, Idaho. Any and all interested .persons are welcome and invited to submit comments. Dated this 23`~ day of June, 1999. .~ SHARI STILES, ZONING ADMINISTRATOR PUBLISH June 30w and July 7~', 1999. Post-it" Fax Note 7671 Dale ~ CoiCept•y0.~t Co.C~+„ ~ l'V~fr~~l~ Phony U Faxa ~g$. -09-1 ~F~"" ~~ttP) $Bg-l4%t DARCY ROBERTSON -1458 N. HAVEN COVE AVE. ABUTTING PROPERTY OWNERS KLEIN CURTIS A & KLEIN KELLEEN J 14$5 N HAVEN COVE AVE MERIDIAN ID 83642-4331 RIFFLE SAM A & RIFFLE CAROL A 1490 N HAVEN COVE AVE MERIDIAN ID 83642 SCHNEIDER MICHAEL SEAN 1443 N HAVEN COVE AVE MERIDIAN ID 83642-4331 l ROBERTSON C S W & ROBERTSO CY K 1458 N N COVE AVE IAN ID 83642-4331 KUNTER MICHAEL GENE & KUNTER MARCIA DENISE 2707 W LEONARD ST MERIDIAN ID 83642-4334 THOMPSON SHIRLEY A 2774 W SHERYL ST MERIDIAN ID 83642-4326 YOUNGER BRIAN S & JULIE A LION TOM & DORIS 1596 MOUNTAIN VIEW DR BUHL ID 83316 1432 N HAVEN COVE AVE BAINBRIDGE STEVEN JACK 2722 W SHERYL ST 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 Planning and Zoning Commission of the City of Meridian wilt hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on September 14, 1999 for the purpose of reviewing and considering the application of Darcy Robertson for a accessory use permit for home daycare located at 1458 N. Haven Cove Avenue. A more particular description of the above property is on fife in the City Clerk's ofFce 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 23`~ day of August, 1999. PUBLISH, August 25 & September 8, 1999. WILLIAM G. BERG, JR., C CLERK ~#`~~+~e/tl;trii rrrtrii ~~ ~o '~. ~~.~L `~ ti 7i1i1 111 O a a M } F Z O U ^ , a a l u o O °° z3 Q Wz m ~"' o ~ Uz 0 M ~". U W z~ W~ J a T 2 Q Q ~ O Z W S h. W O 2 O M ~-- Q 0 a a C3 t ~ W Y t! u ~ s ~~ u u ~r 7S `~ ~ . ~ ~QegE ~ S _ aa H ~ L LlEp @F* .1. J O 0= Sy~ Xb ~ ~ ~^~ ~ 9q~ ~ 6 ~ O .J N wkS N~ c ~ ~~~. ~ ! o ~~( ~ ~.: 2 J O J W W 6 Y W : ~~ ~..®o©® ;; ~ I ti m°O~ N V U ~~ Z 'i m ~ w O1 'a"I Z aZ O W H J OO U Q ~,~~~ N s K t ~ ~( N ~ A ~ A ~3 ~~ O t~ ~ ~a ~"s aR P ~ ~ € =o ggc~ :~ ~~ ski . a~ ~ . ~~ j8 8 8 ~$ ~~~: h ~ ~ #~ ~8 ~3 ~ Z SEE'- ~ w a ~~ ~a ~a ~~ x~~a a~ ~ _~ . C ~ • s8 a~ ~8~ I~[ii o E~S ~ ~,~W N ~~ Fa ~~ EJ~R E~a~ F. t~ JMO ~a Y-F w~ 'ia~ N a~a u ==~g~ „ ~ ~S~ W 8 ~ ~~ ~y =8~y6 W~ S ~ e N ^ _M •_ ~ ~ F F O _i ~` ~ Y~ 2r ~ ~~ 2 ~~_~ F ~ifia ~ _ ~ O ~ wtl o ~ ~l!EEt11~ 9E~,~ ~ tt~MM# ~ ~~lt~~~ ~~ ~ t~f~L~~ ~ L~. _~€ 'z ~ ~i~ mEyE ~ iF m ~$~a ~~~~~ u F~i < F ~iw 'N03>j3H1 NMOHS ONdI 3H1 Oi G31tl13b S10tld Fl3H10 ANtl d0 tl3dd `3"ZIS 3H101 Stl SNOI1d1N3S3dd3d ANtl Aldt~l dC GNtlI 3H1 d0 A3nlinS tl 1N3S3~Jd3E~ i0N S30G 11 'GNt%i 3H1 JNI1tl001 . Alltld3N3J dG S3SOddnd 3H1 'dOd A1101d1S `NOI1tlG0Y~YV000tl Ntl Stl 03HSINdnd SI ddW SIH1 _1 9pJ ~ ,~ T ._ •' ~ ~ P eO~ ~."'3NIl I~11IW "'-.. a.oo.ar.oo N n a.oo.w,oo w `°' 7.00.0-.00 N ~~ 00'00 7.00.0-,00 N -•.e::. asisas iiRiRi N ~~4 e~ s. ~•, a• . aR=aaR PI $~R :,: a:: ~ ' : sazs.; :eszesataa:~aa.as ~8'i`B ~ g iCECR8~R8~C E88888 ~ ~iifEYliYB r ~{ BR$l;~8l~iSBNA.88 >a8~88lti 888t % g ;'~'~' i R8 08 _18 it3Fit 8 f~~40::88Sit ` ~ ~ ~ :w::~:~uw~~u:.w a====8 fi Y.......~..S~RR398C J ~ ~.. .. ... ^ r c LL 3 V i 1 ** TX CONFIRM REPORT ** AS OF AUG 23 ~13~47 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 13 0823 13 47 208 888 1097 MODE MINiSEC PGS CMD# STATUS EC--S 00'30" 001 096 OK 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 Half, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on September 14, 1999 for the purpose of reviewing and considering the application of Darcy Robertson for a accessory use permit for home daycare located at 1458 N. Haven Cove Avenue. A more particular description of the above property is on file in the City C(erk'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 23ro day of August, 1999. PUBLISH, August 25 ~ September 8, 1999. ~G~~ ~~ WILLIAM G. BERG, JR., C CLERK i ~~ _; $~~ '~ 9p r 1st •^ ,~~~ ~'_~N~~~m nis~~~~~~ ~ r BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION In the Matter of the APPLICATION FOR AN ACCESSORY USE PERMIT FOR A FAMILY CHILDCARE HOME Case No. AUP-99-015 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION Applicant, DARCI ROBERTSON The above entitled accessory use permit application having come before public hearing on September 14, 1999, at the hour of 7:00 p.m., 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 in person, and having duly considered the matter, the Planning and Zoning i Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of the application was mailed by certified mail, return receipt requested, to owners of property which abuts the external lot or boundary lines of the property, including properties across the street, alley and kitty corner to the property; a notice of the application was published for two (2) consecutive weeks; a notice of the public hearing on the application for the accessory use permit was FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - I ACCESSORY USE FOR FAMILY DAY CARE HOME - DARCI ROBERTSON ~ ~ published for two (2) consecutive weeks prior to the said public hearing scheduled for September 14, 1999; that the matter was duly considered at the September 14, 1999, 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. There has been compliance with all notice and hearing requirements set forth in Meridian Zoning and Development Ordinance Section 11- 2-410 (D) (1) and (2). 3. The property which is the subject of the application for accessory use permit is described in the application and by this reference is incorporated herein as if set forth in full. The subject property is located at 1458 N. Haven Cove Ave., Meridian, Ada County, State of Idaho. 4. The Applicant is the record owner of the property and has filed a written accessory use permit application. 5. Pursuant to the application the subject property is currently zoned (R-4) Low Density Residential District; the subject property is generally located off Cherry Lane between Linder and Ten Mile in the Haven Cove Subdivision; the abutting lots and parcels are residential; the Applicant requests an accessory use for the operation of a Family Childcare Home. 6. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 2 ACCESSORY USE FOR FAMILY DAY CARE HOME - DARCI ROBERTSON ~ ~ Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4,1994 and Maps and the Ordinance establishing the Impact Area Boundary. 7. The Applicant requested the accessory use and the application was not initiated at the request of the City of Meridian. 8. The Haven Cove Homeowners Association filed an objection to the proposed use. The objection is, by this reference, incorporated herein as if set forth in full. 9. The proposed application requests an accessory use to operate a Family Childcare Home on the subject property. The (R-4) Low Density Residential District zoning designation within the City of Meridian Zoning and Development Ordinance requires an accessory use permit be obtained for Family Childcare Home such as that requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-2-409(A)). 10. The applicant testified at the public hearing that the particular characteristics of the subject property make the accessory use desirable. The applicant further testified that the proposed family daycare home is properly screened and fenced from adverse impacts to the health, safety and welfare of the children. 11. The Meridian Planning and Zoning Administrator, Shari Stiles, submitted testimony during the public hearing on this matter. Such reports and comments are hereby incorporated herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 3 ACCESSORY USE FOR FAMILY DAY CARE HOME - DARCI ROBERTSON 12. The Meridian City Fire Department, the Central District Health Department, and the City Engineer submitted comments which are also hereby incorporated herein. 13. The proposed use within the subject application will in fact constitute an accessory use as determined by City policy. 14. The proposed use within the subject application will not change the appearance of the residence nor the condition of its residential character. 15. The use proposed within the subject application will not adversely impact surrounding properties due to the children's noise, traffic and other activities, which are located away from and properly screened from adverse impacts to health, safety and welfare of the children. 16. No persons other than members of the family residing on the premises shall be engaged in the proposed occupation. 17. The use of the dwelling unit for the home occupation is incidental and subordinate to its use for residential purposes by the Applicant. 18. No significant traffic will be generated by the proposed Family Childcare Home. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian were met including: the mailing of notice of the application by certified mail, return receipt requested, to owners of property which abut FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 4 ACCESSORY USE FOR FAMILY DAY CARE HOME - DARCI ROBERTSON • the external lot or boundary lines of the property, and properties across the street, alley and kitty corner to the property; a notice of the application was published for two (2) consecutive weeks; and a notice of the public hearing on the application for the accessory use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 14, 1999, the first publication of which was fifteen (15) days prior to said hearing. (Meridian Zoning and Development Ordinance, Section 11-2-410 (D)) 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act' codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code §67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. As part of a Zoning Ordinance the Zoning Administrator shall, subject to requisite hearing and notice provisions, determine whether a building, structure or use is accessory to a principal permitted use, and may issue Zoning Certificates for those which are determined to be accessory and which otherwise comply with the accessory use provisions of the Zoning Ordinances. (Meridian Zoning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - S ACCESSORY USE FOR FAMILY DAY CARE HOME - DARCI ROBERTSON Development Ordinance, Section 11-2-410 (D)) 5. To occupy and use real property which is designated and zoned as (R-4) Low Density Residential District within the City of Meridian, for a Family Childcare Home, requires approval by the Planning and Zoning Commission as provided for under the City of Meridian Zoning and Development Ordinance, Section 11-2-410 (D). 6. The Commission has the duty and responsibility to review the facts and circumstances of each application for Family Childcare Home accessory use to determine prior to granting the same that the evidential showing supports the finding that the following standards are met: 6.1 Secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division if required; 6.2 Acquire an occupancy certificate and/or building permit; 6.3 Provide one off-street parking space per employee, which may be the driveway to the home; 6.4 Provide for child pick-up area located off of arterial or collector streets; 6.5 Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties; and 6.6 Provide for a fence of appropriate height construction, to enclose play areas, protecting children from traffic on arterial or collector streets. 7. Violation of any of the aforementioned conditions shall be cause to revoke a Zoning Certificate for a home occupation. (Section 11-2-410 (B)(2)(b), City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 6 ACCESSORY USE FOR FAMILY DAY CARE HOME - DARCI ROBERTSON of Meridian Zoning and Development Ordinance) 8. The City of Meridian has authority to place conditions on an accessory use permit. 9. The Meridian Zoning and Development Ordinance provides the following relevant definitions: 9.1 Child care facility: Any home, structure or place where non-medical care, protection, or supervision is regularly provided to children under fourteen (14) years of age, for periods less than 24 hours per day. 9.2 Family childcare home: A child care facility which provides care for five (5) or fewer children throughout the day. (Section 11-2-403 (B), City of Meridian Zoning and Development Ordinance) 10. Upon review of an accessory use application the Commission must take the following into account: 10.1 The accessory determination shall be based upon the relationship of the building, structure or use to the principal permitted use. Specifically, it must be habitually or commonly established as reasonably incidental to the principal permitted use and located and conducted on the same premises as the principal permitted use. In determining whether it is necessary, the following factors shall be used: 10.1.1 The size of the lot in question; 10.1.2 The nature of the principal permitted use; 10.1.3 The use made of adjacent lots; 10.1.4 The actual incidence of similar use in the area; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 7 ACCESSORY USE FOR FAMILY DAY CARE HOME - DARCI ROBERTSON 10.1.5 The potential for adverse impact on adjacent property; and 10.1.6 The applicant must be the owner of the property under consideration and the user of the accessory use. (Meridian City Zoning and Development Ordinance, Section 11-2-410 (D) (1)) 11. Family child care homes may be considered to be permissible accessory uses in an (R-4) Low Density Residential District if it is approved after applying the following additional review procedures and applicable accessory use standards of Section 11-2-410(D)(1)(b); the Applicant shall be required to pay any additional sewer, water and trash charges or fees, if any are required; the use shall be considered as a commercial use; and pay the fee of eighty dollars ($80.00). 12. Prior to granting a family child care home accessory use in a (R-4) Low Density Residential District, notice of the application shall be mailed by certified return receipt mail to owners of property which abut the external lot of the boundary lines of the subject property. Notice of the application shall be published for two (2) consecutive weeks. Fifteen (15) days from the date of publication shall be allowed to response and comment to said notice. (Sections 11-2-410(D)(1)(b)(1),(2) City of Meridian Zoning and Development Ordinance) 13. If there is an objection to the proposed use filed within the time for response, a hearing, after notice, shall be held by the Planning and Zoning Commission, which may grant or deny the application after making Findings of Fact. (Section 11-2- 410(D)(1)(b)(6) City of Meridian Zoning and Development Ordinance) 14. If there are no objections filed within the time for filing the same the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 8 ACCESSORY USE FOR FAMILY DAY CARE HOME - DARCI ROBERTSON r~ ~J Zoning Administrator may grant the request. Any aggrieved party may appeal the decision to the City Council within thirty (30) days of the Commissions decision, and if not so appealed the decision shall become final. (Sections 11-2-410 (D)(1)(b)(6),(7) City of Meridian Zoning and Development Ordinance) 15. Having made the afore stated Findings of Fact and Conclusions of Law the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a Family Childcare Home accessory use set forth herein above with the following conditions: As recommended by the Meridian City Fire Department: 15.1 All Meridian City Fire Codes will need to be met. As recommended by the Central District Health Department: 15.2 If 12 or more children are cared for in the facility, a license from the Central District Health Department shall be required. As recommended by the Assistant to the City Engineer and by the Planning and Zoning Administrator. 15.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 15.4 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 11-2-14.D.3. 15.5 No signage shall be allowed. 15.6 Sanitary sewer and water to this facility would be via existing service lines. This site currently is assessed with one water hookup and one sewer hookup. Assessments for sewer and water service will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 9 ACCESSORY USE FOR FAMILY DAY CARE HOME - DARCI ROBERTSON reviewed to see if additional load would justify an adjustment. Applicant shall provide information with regard to anticipated water demand. Applicant will be required to enter into a Reassessment Agreement with the City of Meridian. 15.7 Zoning Certificate and Certificate of Occupancy for the daycare are required prior to operation. 15.8 No employees that are not residents of the home will be permitted. 15.9 Screened trash enclosures are to be provided in accordance with City Ordinance. 15.10 The family child care home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 15.11 Although licensing is not required by the Idaho State Department of Health and Welfare-Child Care Licensing Division for a child care operation of this size, licensing is encouraged. Also, Applicant should require verification that all children have been properly immunized. 15.12 Applicant shall provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. 15.13 Applicant shall provide for a fence of appropriate height construction, to enclose play areas. 15.14 Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. 16. The afore stated conditions are concluded to be reasonable and the Applicant shall meet such requirements as a condition of approval of the application for a family daycare home accessory use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 10 ACCESSORY USE FOR FAMILY DAY CARE HOME - DARCI ROBERTSON • 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 and Law. ROLL CALL COMMISSIONER THOMAS BARBEIRO COMMISSIONER TAMMY DE WEERD COMMISSIONER RICHARD C. HATCHER COMMISSIONER L. KENT BROWN CHAIRMAN KEITH BORUP (TIE BREAKER) DECISION VOTED VOTED ~/ VOTED ~~ VOTED v ~' VOTED The Meridian Planning and Zoning Commission determines that upon review of the applicable standards and guidelines as set forth in Section 11-2-410 D of the Zoning and Development Ordinance of the City of Meridian, the established record, and applicable law, that the Applicant met the requisite accessory use standards. Given the forgoing, the subject application for family daycare home accessory use as set forth herein shall be granted and the use allowed subject to the conditions imposed herein. The accessory use shall be subject to review by the City upon notice to the Applicant. V APPROVED: DISAPPROVED: ey/Z:\Work\M\Meridian 15360M\Robertson, Darci AUP\I'ZAUP.fcs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 11 ACCESSORY USE FOR FAMILY DAY CARE HOME - DARCI ROBERTSON MERIDIAN PLANNING & ZONING MEETING: OCTOBER 12 1999 APPLICANT: DARCY ROBERTSON ITEM NUMBER: 1 REQUEST: F/F & C/L ACCESSORY USE PERMIT FOR HOME DAYCARE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER; US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED FINDINGS R ~ ~~~t~ cu~~°~9 ~'0~~,,~ JY /'~~ tl' OTHER: All Materials presented at public meetings shall become property of the City of Meridian. g9 12 19 T~~•1G OCTOBER was M1S5~ON MEE n corr~misswn ~-- M ~ 9 AND ZONING CO n planning and Z°n 1D~AN PLANNING etmg °f, the MKeth gorup • MER edu1ed me Ghatrman Weerd, Th°mas The re9uaa fae~ca 7 :00 p.m. by own Tammy pe t gr gill Gigray, called too rup, Ken on, GaN Smtth, RESEN-~. Keith g° e Freckles 12th S P Hatcher our pctober Flrst MEMBER c Rutherf°rd, gru roll call. Richard in with it or not, garbeiro, T Stephen e'd like to b Start believe R PRESEN entlet'nen' Commission. mutes from, a motion. pTHE S ladies and 9 d en~a9 onsisttng °f a open for Good evening m St Plannm9 an eetmg. August 31 , gorup • e Meridian Co esour lags regular rn mutes held e meeting °{ th da is the e approve m ented. ltern °n t t n9s been held stnc e that w ber 30th as Ares four rnee r Ghairma berm6tt\ and Septem De Vveeb ' ~ 14th Septern tern r? Sep r 1 second that• a second A11 in favO • Hatche d REQUEST F pP There is a rnotton an gorup• R1ED. ALL A`(ES' US10NS OF L E gY ppRCY R R ON DA pT1ON CA C C` E YG M CTS AND OR HOM VENVE•. Br, GS OF FA PERMIT F N GAVE A is there a folly EM 1. FfC~ESSGR N S 45$ N• HAVE nce to read those. Boru, lT ROBERTSO r,s have had a cha onin9 Comrttiss De WE ume Com-~'tsje a motton• and Z w. . lass o we ha a Meridian Pa Gon cusions o{ ~a Gigray gorup' t first• D tha act commen 'rman,l rnoveFind n9s °f F an Borup: •~ De Weerd'. M and approve these consider another a~ hereby adop on the tatic Hatcher. 1 second it. ager' ote. for-I did no 11 call ~ to remember gorup•' Ro RIED,' A~~ A,fES. OT1pN GAR name s Bil Gi M erd.. Mr• Chairman. g De Vie lssioner De Weerd you Mr. Chairma presentation at tr, m my bet gorup: Gom ng able to k a City Attorney for need attention. I h~ wanted to talk about • Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 81 Barbeiro: (inaudible) on a one-by-one basis and see how long each one takes. De Weerd: Well, it says here use permits are generally pretty quick. PUBLIC HEARING: REQUEST FOR ACCESSORY USE PERMIT FOR HOME DAYCARE BY DARCY ROBERTSON - 1458 N. HAVEN COVE AVENUE: (PREPARE F/F & C/L FOR OCTOBER 12T" MEETING) Borup: Let's see if we can move -let's take these first next couple in order and see if we move through them fairly fast. I No. 6 public hearing, request for accessory use permit for home daycare by Darcy Robertson. We have staff comments? Shari, are there any - is there anything that you'd like to add to your comments? Stiles: No, sir. Borup: Okay. Commissioners, any questions? Is the applicant here would like to stand? Okay. We have your application. At this point, it sounds like the commissioners don't have too many questions. Would you like to introduce yourself and we're go from there? Robertson: Okay. I'm Darcy Robertson, I live at 1458 North Haven Cove Avenue, and I've had a chance to review the staff comments, and I guess the main thing that I wanted to talk about is No. 2; the objection 1•iled by the subdivision's protective covenants forbid any business within the subdivision. I've got a copy of our covenants. I don't know if you have a copy of that. De Weerd: No. Robertson: It says - Borup: Did you notice the second half of that statement No. 2? Robertson: Yes, I did. Borup: That Meridian does not really have any jurisdiction? Robertson: Yes, I did. So maybe we don't even need to address it. I don't know. We can move this really quick if we need to. I just wanted to say that it says that no business shall be conducted on the above property unless legally permitted under the existing and prevailing zone restrictions. And we're an R-4, which I -we're able to watch up to five children for a family daycare. And f am not even going to be watching five children. And it would be mostly with parents that are within the subdivision, so • Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 82 there wouldn't be extra traffic and all of that stuff, so, I guess that's all I really needed to say. Borup: Okay. Any questions for Darcy? Did you say you were -less than fivE? Robertson: Uh-huh. Borup: Four? Robertson: Less than five. Three. Borup: Three. And how many of the. parents are in the subdivision? Robertson: Well, right now, I'm watching my cousin's little girl, and two of the parents - two more of the parents that I may watch live in the subdivision. Borup: Okay. So that'd only be one outside the subdivision, then? Robertson: Exactly. Borup: Thank you. No other questions. This is a public hearing. Do we have anyone from the public that would like to stand and address the Commission? See none. Commissioners? Barbeiro: Mr. Chairman, I move that we close the public hearing. De Weerd: Second. Borup: We have a motion to close the public hearing. All in favor? MOTION CARRIED: ALL AYES. Barbeiro: Mr. Chairman. Borup: Mr. Barbeiro. Barbeiro: I move that we recommend the City Council. Excuse me. We don't recommend the City Council. De Weerd: No. Prepare findings. Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 83 _ Barbeiro: Yes. Thank you. I move that we prepare findings for the request for accessory use permit for the home daycare by Darcy Robertson at 1458 North Haven Cove Avenue with staff comments. De Weerd: Second. Borup: There's a motion to second. Any discussion? All in favor? MOTION CARRIED: ALL AYES. Borup: Thank you. Now, that's more like it. Hatcher: I'll schedule the review of the findings on this for October 12th; is that fair? PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 BAY CARPORT AND REMOVE OR RELOCATE EXISTING SMALL DETACHED GARAGE-BY MEL OR DEBT LACY-1414 N. MERIDIAN ROAD, 3 BLOCKS SOUTH OF CHERRY LANE ON EAST SIDE: (APPROVE RECOMMENDATION TO CITY COUNCIL) Borup: Item No. 7, public hearing request for condition use permit to add an attached two-car garage and one bay carport. A removal or relocate existing structure by Mel or Debi Lacy. Shari, do you have any comments on this item? Stiles: Mr. Chairman, Commissioners, did you get the comments that we have dated September 13th? I don't have anything to add to that. I can put up a transparency of the site plan that was submitted, if you'd like. Borup: Any questions for Shari? See none. Does the applicant here like to address this commission? Lacy: Mel Lacy at 1414 North Meridian Road. I'd just like to add on the garage and carport to accommodate better parking off the road, ease the driveway situation with my neighbor to the south of me, and to be able to utilize my lot a lot better. It's a deep lot, it's 60 feet wide but 210 feet deep, and it's kind of hard to get into the back with the way the existing building sits there. I'd like to use that ; either tear it down or relocate it in the back as a storage building. But it'd be nice to have indoor parking for our cars. That's about it. Borup:. Okay. Any questions from the Commission? Brown: Mr. Chairman. • • WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. JUSTIN P. AYLSWORTH ATTORNEYS AT LAW JULIE KLEIN FISCHER WM. F. GIGRAY, III 104 NINTH AVENUE SOUTH D. SAMUEL JOHNSON POST OFFICE BOX 247 WILLIAM A. MORROW NAMPA, IDAHO 83653-0247 CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS TEL (208)466-9272 ERIC S. ROSSMAN FAX (208) 466-4405 TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE E-MAIL: WFG@WPPMG.COM William G. Berg, Jr. Meridian City Clerlc 33 E. Idaho Meridian, Idaho 83642 September 30 1999 Re: 1. AUP-99-015 BY DARCI ROBERTSON Will: PLEASE REPLY TO MERIDIAN OFFICE T SEP ~ 0 1999 Please find enclosed the original of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced applications. Please note these matters will be heard before the City Council on October 5, 1999. Very truly yours, . Stephen erford Enclosures MERIDIAN OFFICE 200 EAST CARLTON AVENUE SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL. (208) 288-2499 FAX (208) 288-2501 msg/Z:\Work\M\Meridian 15360M\Robertson, Darci AUP\PZRecClk.ltr MERIDIAN PLANNING & ZONING MEETING: September 14 1999 APPLICANT: DARCY ROBERTSON ITEM NUMBER: 6 REQUEST: ACCESSORY USE PERMIT FOR HOME DAYCARE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS 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: / ~1, ~~ ~ U US WEST: BUREAU OF RECLAMATION: (I INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. U~ -~~ v 3~3 ~~ e~ ~ ~ HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Crty Cou~~~~ Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 7, 1999 TRANSMITTAL DATE: July 19, 1999 HEARING DATE: September 14, 1999 FILE NUMBER: AUP-99-015 REQUEST: ACCESSORY USE PERMIT FOR HOME DAYCARE BY: DARCY ROBERTSON LOCATION OF PROPERTY OR PROJECT: 1458 N. HAVEN COVE AVENUE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, 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) YOUR CONCISE REMARKS: • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live City Council Members CITY OF MERIDIAN CHARLES RouNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 883-5533 • Faz 887-1297 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 7, 1999 . TRANSMITTAL DATE: July 19, 1999 HEARING DATE: September 14, 1999 FILE NUMBER: AUP-99-015 REQUEST: ACCESSORY USE PERMIT FOR HOME DAYCARE BY: DARCY ROBERTSON LOCATION OF PROPERTY OR PROJECT: 1458 N. HAVEN COVE AVENUE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, 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 & FINAL) YOUR CONCISE REMARKS: ~ ~" ~ v ~ / ~ -<_5 / e S la~i /lf~ cp c ~ • ~~~ ~~ Mayor ROBERT D. CORRIE City Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH B[RD 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 7. 1999 TRANSMITTAL DATE: July 19, 1999 HEARING DATE:•„~Se „ ember ~4t 999 FILE NUMBER:p.~~fl~l REQUEST: ACCESSORY USE PERMIT FOR HOME DAYCARE BY: DARCY ROBERTSON LOCATION OF PROPERTY OR PROJECT: 1458 N. HAVEN COVE AVENUE TAMMY DE WEERD, P2 MALCOLM MACCOY, P2 THOMAS BARBEIRO, P2 BYRON SMITH, P/Z KEITH BORUP, PR ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, 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 8< 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 8~ FINAL) YOUR CONCISE REMARKS: d ~~» n+~i~ ~b'~ ~- RECE/ ~ J U l 2 0 8909 Meridian City water Supe~~ uUU v~ ins:.-~JUt\L' VNLLCY A Good Place to Live ~TY OF MERIDI CENTRAL CENfiRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division H SALT H aet"o Boise DEPARTMENT ^ Eagle Rezone # ^ Garden City ,Meridian Conditional Use # ~~ ~ ` 9 g -~~~ ^ Kuna Preliminary /Final /Short Plat ^ ACZ ,:, J~ r' ^ I. We have No Objections to this Proposal. ~ ~~~~ ^ 2. We recommend Denial of this Proposal. -' + rr'~. ^ 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 ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 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. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. 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 14. T,F' ,erg f~ a ~ i•• o~c C~~~~.~•~•~ i ~/ I~•o-~ic~v-,-t ~ Date: ~ l a7,~1~ ///~~` Lic e..,s ~'.-P.-~- e~CJ!-~O i•»-~r~ d~ o~~~,.-~P Reviewed By: ~~ ~,° Review Sheet CDND 10/11 rcb, m. 1/91 • • i;s. ~1~=( V1:J~ ~, L .r ' i n i 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: AUP-99-015 Permit for Home Daycare for Darcy Robertson Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, ~.~~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 July 26, 1999 Mayor ROBERT D. CORRIE City Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 To: Planning & Zoning Commission From: Bruce Freckleton, Assistant to City En inee Shazi Stiles, P&Z Administrator G~ ~,,,, ~l/o. ~i LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 September 13, 1999 S E ~ ~i 19G:i (~0 ~,..i. ~r' ~.~)tE'.L'li :.111t (, f' Re: REQUEST FOR ACCESSORY USE PERMIT FOR A HOME DAYCARE at 1458 North Haven Cove Avenue by Dazcy Robertson We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. The application for an accessory use permit resulted in an objection from the Haven Cove Homeowners' Association; therefore, a public hearing is required. 2. The objection filed stated the subdivision's protective covenants forbid any businesses within the subdivision. The City of Meridian does not enforce protective covenants and, if the accessory use is approved, the homeowners association would need to seek legal counsel to enforce their covenants. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 4. Outside lighting shall be designed and placed to not directly illuminate any neazby residential azeas, and in accordance with City Ordinance Section 11-2-414.D.3 5. No signage shall be allowed. 6. Sanitary sewer and water to this facility would be via existing service lines. This site currently is assessed with one water hookup and one sewer hookup. 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 regazd to your anticipated water demand. Applicant will be required to enter into a Reassessment Agreement with the City of Meridian prior to operation. 7. Zoning Certificate and Certificate of Occupancy for the daycaze aze required prior to operation. xo~~ nvr our--fns ~~ Mayor, Council and P&Z September 13, 1999 Page 2 8. No employees that aze not residents of the home will be permitted. 9. Screened trash enclosures aze to be provided in accordance with City Ordinance. 10. The family child care home shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 11. Although licensing is not required by the Idaho State Department of Health and Welfaze- Child Caze Licensing Division for a child care operation of this size, licensing is encouraged. Also, Applicant should require verification that all children have been properly immunized. 12. Applicant shall provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. 13. Applicant shall provide for a fence of appropriate height/construction, to enclose play areas. 14. Family child caze homes aze defined as a child caze facility which provides caze for five (5) or fewer children throughout the day. 15. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. RobertsatAUP AUP-99-015