Loading...
ABC Club Daycare and Preschool CUP 00-058 ~~-.. -CITY GLERK FILE CHECKLIST Project Ndme: ABC Club Daycare and Preschool File No. CUP 00-058 Contact Name: Janet Torgensen Phone: 230-2656 Date Received from Planning and Zoning Department: December 15, 2000 Planning and Zoning Level: Hearing Date: Jctnupry 18, 200 0 Transmittals to agencies and others: December 19, 2000 0 Notice to newspaper wi#h publish dates: 29-DeC-00 and 12-Jan-01 Q Certifieds to property owners: December 29, 2000 Q Planning and Zoning Commission Recommendation: Q Approve ^ Deny Notes: Ci Council Level: Hearing Date: ~=.~ f~~,~,~,,,~~. ~~ ,~~~ Transmittals to agencies and others: ~~`°~~~. 0 Notice to newspaper with publish dates: _~-~~~ G' j and ~_ ~~~`( ~~C ^ Certifieds to property owners: ^ City Council Action: ^ Approve ^ Deny ^ Findings /Conclusions /Order received from attorney on: Findings /Conclusions /Order: ^ Approved by Council: ^ Copies Disbursed: ^ Findings Recorded Development Agreement: ^ Sent for signatures: ^ Signed by all parties: ^ Approved by Council: ^ Recorded: ^ Copies Disbursed: Ordinance No. Resolution No. ^ Approved by Council: ^ Recorded: ~eodline: 10 days ' ^ Published in newspaper: ^ Copies Disbursed: Resobtbas: Original Ras l Copy Cart Mfnutebook Copy Res /Copy Cert: City Ckrk City Engineer City Planner Cfty Attorney Sterkrg Codigers Projeet Fib Copy Res !Original Cert: Ada County (CPAs) ApptcaM (non-CPAs) Recorded Ordkrances: Original: Minule6ook Copies to: City Clerk Stale Tax Comm State Treasurer, Audaor, Assessor SierYng Codifiers City Attorney City Engkreer City Planner Project fib Appicam (U appL) Findkrgs / Ordsrs: Origkrat. Minuleaook Copies to: AppicaM Project fib City Engineer Cily P6nner City Attorney " Record Weatbn Findings "' RacwMd Devabpment Agraamenb: OriginatFieprool Fge Copies to:ApptcaM Project fik City Er~fneer City Planner City Attorney Notes: HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPM ENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: CUP-00-058 Request: Conditional Use Permit request for a child care center in an R-15 zone for proposed ABC Club Daycare and Preschool By: Janet Torgensen Location of Property or Project: 650 West Broadway Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 CITY OF MERIDIAN Planning & Zoning Department 200 E. Carlton Avenue, Suite 201, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax CONDITIONAL USE PERMIT APPLICATION ^ Check here if Planned Development Application (RE: Meridian Zoning Ordinance -Section 11-17) __._.> APPLICANT: ADDRESS: ~',U P -~ - osg DEG ~ 5 2000 City of Meridian `:itY Clerk O~fie PHONE: ~~'~~ - ~ (9 ~"~ FAX: OWNER(S) ADDRESS: E-MAIL: _._.-- OF RECORD: ~~(~~ oL, PHONE: ~q~-° q ~ ~'~` ~ FAX: ENGINEER, SURVEYOR, PLANNER: ADDRESS: PHONE: FAX: E-MAIL: ~ s . ~a~ <.. E-MAIL: ADDRESS, GENERAL LOCATION OF SITE: a(~ r '' DESCRIPTION OF PRESENT USE: ~'E' ~~ 1 (JI '~' L'1 !~ ,`Q ~ DESCRIPTION OF PROPOSED CONDITIONAL USE: PRESENT ZONE CLASSIFICATION: ~ " ~ ~~ I have read the information contained herein and certify the information is true and correct. APPLICANT'S SIGNATURE: SOCIAL SECURITY NUMBER: ~~~ -- ~ ~~, IZev. 10126/0 ~"v PARCEL Is The W®at 68 feet of the North lio teat of the Bauth 130 feet of the folloWiaq doacribsd property: Beginning at a point 20 rods East of the Northwest corner of the Southeast Quarter of Section 12, Township 3 North, Range 1 West o! the Bois® Meridian in Ada county, Idaho; and ruaniaq thenaw South parallel with the Meridian Line 40 rods; thence 9 Eaat 12 rods; thanes ~ ~'~'~' r North parallel to the Meridian Line ~0 rods; and thence West 12 rods to the PLACE OF BEGINNING \ ~ C~c~~ 1 PARCEL fIs That portion of land in the Northwest Quarter of the Southeast Quarter of Section 12, Township 3 North, Range i west, more ap~cifiaslly doacribsd as follows: Beginning at the center of Section 12, Too~nship 3 North, Range 1 Worst of the Boisa Meridian in Ada County, Idaho; thence South 89°50' East, 330.00 feet to a point; thence South 0°30' West, 530.00 feet to the REAL POINT OF BBGIN~l1ING; thence ~ South 89°50' +Baet, 68.00 feet; thence North 0°10' East, 30.00 feet; thanes North 89°50' West, 66.00 feet; thenoe South 0°10' Ww9t, 30.00 feet to the PLACE OF BEGINNING X~ I---- ~ 1 ~~~eti~ 1 l ..a-o .,v u _ -~_ Date ~.a~ ~-~~(~- GCS Date - ~~,- ~ ,,e.~rq~ t e c 1 Y ~~\ /~~ - ~~ FOR VALUE RECEIVED, CORPORATE WARRANTY DEED Center of the Study of Market Alternatives, Ina, an Idaho Non-Profit Corporation a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby Gran[, Bargain, Scll attd Convey unto Dahl T. Torgensen and Janet L. Torgcnsen, husband and wife whose address is: 650 West Broadway Avenue, Meridian, ID 83642 grantee, the following described real estate, to-wit: See Exhibit "A" attachzd hereto and made a part hereof. FI RSl" AMERICAN HECORDED-Rc~U" T (3F ~10A CL'UtiiY fiECOROFR _ .f. eAVlp pJ~YAf?RO :;•~l`:~.~nnt;0 FEE DEP zaooHO2i Pr. ~: of 10009 18 SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision restrictions and L'.S. patent reservations. 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 it is the owner in a foe simple of said prenuses; that they are free from all encumbrances and that it will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to be hereunto subscribed by its President this 20th day of November, 1900. Center of the Study of Market Alternatives, Inc. B Y : ~ Qy ,;U 0 G STATE OF IUAHU ) 5S. COUNTY OF Ada ) v a! e4~ ~ o< ~ i ~ ;.. 'Q+ .• ~~j,..IfI y N C.~ s~, ,'~ On This.(? day of November, in the year 2000, before me, a Notary Public in and for said Stale, personally appeared ~, t,, C [ ( ,known or identified to me to be the ~p$j%~(h }' of [he Corporation that executed t instrument or [he person who executed [he instrument on behalf of sa orpora[ion, and acknowledged to me that such Corporation executed the same. otary Public of Idaho Residing at Nampa Commission expires: 4/26/2001 First American Title Company of Idaho -. ~. -1 . ~~ ~~ ~ lo~~k~s~ Cor~S~a~ ~ ~C r ~~~c~~~.~ or~c~,~ USe ~~rvv~, ~ ~c~r c` ~. ~~~~ Cc~rE ~~ ~SC~ ~~, ~jr~~~~~~~,1 ~~ G~titi'~- 1 G a~ ~/ (,_i~~~ ~~~. ~5, ~~~oc~ State of Idaho County of Ada personally appeared before me, who is personally known to me ~ whose identity I proved on the basis of e~ ,~1c~ 1('ang4 whose identity I proved on the oath/affirmation of: signer of the above document, and he/she acknow efdged (that he/she the signed it. ~R~eac~~sses~a 34~ , , ~'~ Notary Public w ;~ ®T a_~ ~._ ~r p E a ~ ~~°A Residing in Kuna Idaho. o -~ a _~~ ~ ~°~ .~ U ~ `~-~ My commission expires on October 2, 2003. ~~ ~-~ eb °~ L This Notary Certificate is prepared on a separate page and is attached to the document entitled CS~VIS~ n,. ~ ~~-n. ~ ~ vin ~ .. ~- containing ~ pages, and is attached to the document by means of ''1 ~'`~ CONSTRUCTION MATERIALS: 1). CONCRETE BASED SIDING 2). BRICK 3). WOOD FRAMING 4). ASPHALT SHINGLES ~ ~ . _< ~ ~ N m _~ , ~ ~~ r .Z ~ ~ I ~ a.., ..: SIT A DAYCARE FOR: o ~ ~ ~,~ E PLAN JANET TORGENSEN ""' 650 W. BROADWAY, MERIDIAN, IDAHO ~ , ~ ~~ ~ ~ ~ GENERIC TRANSMITTAL SHEET TO: ~ ~ ~ ~ ,~ DATE: 1 ~ - _ ~ ~~ FROM: °- - ~. ~ vti COMPANY: SUBJECT: `.~ CONTENTS: COMMENTS: ~--~,~ r;,,, ~ . ~-,~ ~ -.n~ ~~~~~n c_~ SIGNATURE: ,-~, Characteristics of Property That Make Conditional Use Desirable • Property located directly across from this property, as well as properties both east and west of property directly across the street, are commercial properties. • Directly West and North of property are Apartment Complexes that will benefit greatly from a nearby Day Care Center. • Street directly in front of property is awell-maintained, wide street that will allow easy access to the property. • Property will become more aesthetically desirable with conversion to Day Care. Prior to the purchase of the property the backyard and back fence were not in good condition and are being replaced with the conversion to a Day Care. • Area is a good mix of residential and commercial property, which a Day Care will blend well with. • Area in front of existing home is large enough to accommodate the required number of parking spaces for Day Care. Creating these parking spaces will improve the appearance of the property. We agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. ~-~.~ Janet L. Torgense .-. I agree to post the property one week before the hearing indicating that a Conditional Use Permit has been applied for. -~ `~ ~~ `~'~ Janet L. Torge en ,-~ City of Meridian '~' Conditional Use Permit Application Checklist (Incomplete applications will not be processed) I Applicant: ~r~,.~~ Submittal Date: ~ 2/,~/ 00 ProjecdSubdivision: Application Completion Date: ~/ ~ j / o~ Hearing Date: 1 / (8 / e"o P&Z/CC For Office Use Only Item No. Descri tion Comments (,~) 1. Com feted and si ed Conditional Use A lication ,/ 2. Le al descri tion ~/ 3. Warran deed ,~ 4. Notarized consent of roe owner(s) ~ S. One (1) co of a vicini ma (1 "=300') 6. Site fan (en ineer scale of not less than 1"=S0') - 25 folded copies ,/ a. Buildin locations b. Parkin and loadin areas c. Traffic access drives d. Traffic circulation atterns e. O en/common s aces f. Landsca a fan Refuse & service areas h. Utilities fan, includin : _ -Sewer - - Water - Irri ation _ - Storm draina e i. Signage (number, location, overall dimensions -elevations preferred, not required) ~ x 3 e.. Inoue . 7.a. Buildin elevations (l 1x17) ~/ b. Construction materials 8. 8'h" x 11"reduction of site fan 9. List of roe owners within 300' t0. Characteristics of ro that make conditional use desirable 1 I . CUP application fee - $275.00 Planned Development fee: Less than 1 acre: $400.00 Over 1 acre: $400.00 + $1 S for each additional acre Mailing fee - $0.33 per notice for each mailing. All zones other than Old Town, Commercial and Industrial r uire two mailin s / 1 1. Additional services statement 12. Pro a ostin affidavit ,j 13. A notarized statement that the property was posted (to be submitted after ostin ) Kev. I U;''6/0(1 ~I '~-~ ° P°-wa ITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888433 uStnmer'e Order No. Date i Z- I- ,~ Name ctinet Tor~~n~~1 Address Phone: SOLD BY • ,GAS-F+ C.O.D. V ~ ~ CHARGE ~ ON ACCT. MDSE. RETD. PAID OUT ?-3 1'YlgllinC~ ~ .33 X Z ~~ li5 I I I I AH claims and returned goods MUST b I I e accompanied by' this,. bill. ceived 0 012 419 TAX I By S~ TOTAL Z~j~, ; 18 h5-202-2 PRINTED IN U.S.A. J PN~NTEO WITH ~`~ n SOYINK,_ J~~yt~ ~ c JANET TORGENSEN - 650 W BROADWAY PROPERTY OWNERS WITHIN 300' PIPCO LLC 4781 GOODALL ST BOISE ID 83714-0000 560 W IDAHO AVE 571 W IDAHO AVE 570 W IDAHO AVE 561 W IDAHO AVE W BROADWAY AVE 610 W BROADWAY RADER LOREN C RADER ROSILYN J 7359 CASCADE DR BOISE ID 83704-8637 642 W IDAHO AVE 622 W IDAHO AVE SIENKNECHT MARY F AND SIENKNECHT DEBORAH I 582 W IDAHO AVE MERIDIAN ID 83642-2542 WAKING KELLIE JO & WAKING BRADLEY T PO BOX 16686 BOISE ID 83715-0000 645 W IDAHO AVE UPDIKF JACQUELINE S 2208 SE 05TH WAY MERIDIAN ID 83642-7417 623 W IDAHO AVE 625 W IDAHO AVE FREEBERG JOHN & BONNIE TRUSTEE WOODEN KAY R PO BOX 542 NAMPA ID 83653-0542 701 W IDAHO AVE 701 W 07TH ST 660 W BROADWAY AVE 717 W IDAHO AVE ROSS BRENT E 4281 W PLUMROSE DR MERIDIAN ID 83642-0000 700 W IDAHO AVE GRAND SLAM LLC 2897 SWALLOWTAIL BOISE ID 83706-0000 682 W IDAHO AVE 662 W IDAHO AVE CONNER CLARENCE & CONNER LAURA 3517 S ASHBURY WAY BOISE ID 83706-6414 604 W BROADWAY AVE BAIRD SCOTT C & BAIRD APRII. M 730 W 07TH ST MERIDIAN ID 83642-0000 HUBBELL ERIC J & NELDA A 7224 COLT DR BOISE ID 83709-0000 661 W IDAHO AVE CHURCH OF JESUS CHRIST LDS 50 E NORTH TEMPLE ST FL 22 SALT LAKE CITY UT 84150-0000 702 W 07TH ST NTER FO HE STUDY OF MARKET PO X 1 49 ~1~ i 5 ~~~ Cs ~~ Y' BOISE 3715-0000 ~r`~~~~. 65 BRO AY AVE 7 SLANSKY JOE V & LELA M 644 W BROADWAY AVE MERIDIAN ID 83642-2405 PACK ALAN R & DEANN K 636 W BROADWAY AVE MERIDIAN ID 83642-2405 JARRETT VIDA 624 W BROADWAY MERIDIAN ID 83642-0000 U S BUREAU OF RECLAMATION 550 W FORT ST BOISE ID 83724-0101 W BROADWAY AVE IDAHO CONGREGATION OF J W 3733 S MCGUIRE PL MERIDIAN ID 83642-6989 721 W BROADWAY AVE CHANDLER ALLAN T & JOYCE M WHITE ERIC S & VICKI K 685 W BROADWAY AVE MERIDIAN ID 83642-0000 I~ADLEY DOUGLAS G HADLEY SONJA K 11204 W BLUECANYON CRT BOISE ID 83713-0000 647 W BROADWAY AVE LEIGHTON TRACY WIId.IAM & WENDY L 631 W BROADWAY AVE MERIDIAN ID 83642-2404 TIMSON GARY C & PEGGY L 621 W BROADWAY AVE MERIDIAN ID 83642-2404 HEATH GORDON W HEATH MARY JANE 9700 N CARTWRIGHT RD BOISE ID 83703-9745 607 W BROADWAY AVE M CONSTRUCTION MATERIALS: 1). CONCRETE BASED SIDING 2). BRICK 3). WOOD FRAMING 4). ASPHALT SHINGLES i,,~ ~"` '~' ~ _ ~ February 16, 2001 CUP 00-058 MERIDIAN CITY COUNCIL MEETING February 20, 2001 APPLICANT Dahl and Janet Torgenson ITEM No. 12 REQUEST CUP for achild-care center for 24 children in an R-15 zone for proposed ABC Club Daycare and Preschool - 650 W. Broadway AGENCY COMMENTS CITY CLERK: See attached P 8 Z Item Packet CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: See attached Recommendations ~~ ~i° ,, ~X~`~~ir OTHER: Contacted: J~~~ f Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meeting February 20, 2001 Pg. 47 MOTION FAILS -TIEBREAKER: THREE AYES, TWO NAYES Okay, with that on the Item 10, Item 11 is the request for Preliminary Plat, and I believe that would be moot at this point, so I will entertain a motion to deny the request for Preliminary Plat. Bird: So moved. Corrie: Motion is made do I hear a second to deny the Preliminary Plat on the Staten Park Subdivision, any further discussion? De Weerd: Second. Corrie: All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Motion is carried. Item 11. Public Hearing: PP 00-027 Request for Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision by Leavitt and Associates -east of Black Cat Road and south of Ustick Road Item 12. Public Hearing: CUP 00-058 Request for Conditional Use Permit for achild-care center for 24 children in an R-15 zone for proposed ABC Club Daycare and Preschool by Janet Torgensen - 650 West Broadway Corrie: At this point I will open the Public Hearing and invite staff comments on the conditions for that. Stiles: Mr. Mayor and members of Council this is a request for a daycare at 650 West Broadway Avenue. The property is located across the street from the industrial zoned property there is the Jehovah's Witness Kingdom Hall here -- *** End of Side Three *** Stiles: --the mixed uses up and down this street the concrete, some kind of a concrete casting business, further down there are some residential. There is a mixture of industrial and some residential use on the southern property, the property south of Broadway Avenue. The applicant is requesting for a childcare center for up to 24 students, property is 1.97 acres. We did receive a recommendation from the Planning and Zoning Commission for approval. I did get a letter just today from the Ada County Highway District that had changed their recommendation to allow the full 40-foot width of driveway to remain as is if Meridian City Council Meeting February 20, 2001 Pg. 48 they would take out the paving. The applicant did go forward prior to receiving the approval and paved this entire area for the childcare center in anticipation of approval. They will need to be taking out all of the pavement that is within the right-of--way and constructing curb, gutter and sidewalk as a County Highway District prior to getting occu anc if the arepa ved by the Ada than that I have no comment on the application. The applicant spheredready to testify and that is all I have. Corrie: Any other staff comments? This is the Public Hearing on this Conditional Use Permit. Lets have the applicant first. Torgensen: My name is Dahl Torgensen, 3535 West Angelica Drive. My wife and I called on the property. She is going to do the work and I am going to do the talking. I am here to answer any questions. We are in agreement with all of the conditions that have been set forth from both Ada County Highway District and from Meridian City Planning and Zoning. If you have any questions I am more than welcome to answer those. This is kind of a life long dream that we have had to do, we are hoping that it moves forward. Corrie: Council, any questions? Bird: I have none. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Has the parking issue been resolved? Torgensen: Can I address that? In the Planning and Zoning meeting that we had the requirements are if you have 24 kids you need to have two staff parking and then you need one parking space for each 12 children, according to the plan. We have actually room for 5 parking spaces, but we only need to have two, and I believe in the recommendation, they have recommended we not have any more than 4 visitor parking spaces and no more than two employee parking spaces which we do not plan to anyway. We only want 24 children there and actually two of the children will be taken up my two daughters who will be employees. So the parking issue was addressed at the Planning and Zoning meeting and there was no problem there. We are going to have that as parking coming in rather than going straight into the garage, it is going to be coming in this way, and there is room for a handicap space, two other spaces plus two in the garage and the employees will be parking in the garage. De Weerd: Okay and you do not have any other problems with any of the staff conditions? Meridian City Council Meeting February 20, 2001 Pg. 49 Torgensen: I did, but I do not now, it is just a lot of money. I appealed, and we are fine. We are moving ahead. De Weerd: I have nothing further. Corrie: Any other questions? Bird: I have none. Corrie: Is there anyone in the public who would like to issue testimony at this period? Okay, hearing none, Council any questions under Public Hearing? De Weerd: I have none. Bird: I have none. Corrie: I entertain a motion for the close of Public Hearing. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we close the Public Hearing. Anderson: Second. Corrie: Motion made and seconded to close the Public Hearing. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Discussion of the Council? Bird: I have none. Corrie: Hearing none, I entertain a motion on the request for Conditional Use Permit. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we approve the CUP for a childcare center for 24 children in a R-15 zone for the proposed ABC Club daycare and preschool on Broadway for the Attorney to prepare Findings of Facts and Conclusions of Law And Decision of Order to include all staff comments. ...~ Meridian City Council Meeting February 20, 2001 Pg. 50 Bird: Second. Corrie: Motion made and seconded to approve the request for Conditional Use Permit for the childcare center for 24 children in a R-15 zone for proposed ABC club, daycare and preschool. Have the Attorney to draw up the Findings of Facts and Conclusions of Law including staff comments. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 13. Public Hearing: RZ 00-010 Request to rezone 8.88 acres from an R-4 zone to an L-O zone for proposed St. Alphonsus Regional Medical Center Ambulatory Care Center by BRS Architects - southeast corner of Cherry Lane and Ten Mile Road Corrie: At this point I will open the Public Hearing and staff comments first please. Stiles: I am having a little technical difficulty here my battery ran out for a minute. Mr. Mayor and members of Council this is a request for a rezone of 8.88 acres from the current zoning of R-4 to and L-O zone. The property is located at the southeast corner of Ten Mile and Cherry Lane. Albertson's grocery store is here with the retail shops. There is an existing office building, doctor's office building, that I believe is currently owned by St. Alphonsus. There is a church in this location here also another church here. It is surrounded by the Haven Cove subdivision on either side. They are requesting the rezone to facilitate an outpatient and ambulatory care center. I believe Ada County Highway District has made one change on their plan. I do not know if you have a copy of it in your packet, but the applicant had verbally informed me today that Ada County Highway District had approved an access in this location. It is approximately 205-feet from the intersection. Their normal standard is 220-feet for a right in right out only, because they did not have adequate frontage on Ten Mile, they had approved a lesser distance from the intersection. This Public Hearing is for the rezone only and the request for a limited office designation for this area. The following Public Hearing will address the details of the Conditional Use Permit for a planned development for their proposed facilities. That is all I have, if you have any questions. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I do not have questions for staff at this time, but I do need to declare- --~ ~) iS ~ ~ a~.f~~ c! J ~ ,tom WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIIJS CHI2ISTOPHIR $. NYE JULIE KLEIN F[sct>Fx PIIU.Ir A. PRrmsoN WM. F. GIGRAY, hI ER[c S. ROSSMAN BRENT J. JoiudsoN TODD A. ROSSMAN D. SAM[IE[, JOHNSON DAVID M. SWARTLEY LARRY D, MOORS TERRINCER WHITE** WII.LIAM A. MORROW NICHOLAS L. WOLLEN WII.LIAM F. Nlcxoi.s* *Also admitted in OR ** ALso admitted in WA ATTORNEYS AT LAW 200 EAST CARLTON AvE., SLATE 31 PosT OFFICE Box1150 MERIDIAN, IDAHO 83680-1150 TPf, (208) 288-2499 FAx (208) 288*2501 E-MAU,: @wPPMC.coM NAMPA OFFICE 5700 E. FRANKLIN RD., sTE. 200 NAMPA, IDAHO 83687-8402 TEL. 208)466-9272 FAX ( OS) 466-4405 To: Staff Applicant Affected Property Owner(s) Re: Application Case No. PLEASE REPLY TO MERIDIAN OFFICE RECEIVED FEB -1 1001 January 29, 2001 CITY OF MERIDIAN CUP-00-05 8 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the ~ity Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Plaruung and Zoning Commission; and 2. That you carefully complete (be sure it is le 'ble) the Position Statement if You disagree with the Findings and~ecommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the ~ity Attorney. If you are a part of a g~rroup, it is strongly recommended that one Position Statement be filled out for the group, wFiich can be signed by the representative for the group. Very trul ours, City ttorney's Office ly/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR CHILD CARE CENTER IN AN R-15 ZONE FOR UP TO 24 CHILDREN Case No. CUP-00-058 RECOMMENDATION TO CITY COUNCIL JANET TORGENSEN Applicant RECEIVED FEB -1 2001 CITY OF MERIDIAN 1. The property is located at 650 W. Broadway, Meridian, Idaho. 2. The owners of record of the subject property are Dahl T. and Janet L. Torgensen of Meridian. 3. Applicant is owner of record. 4. The subject property is currently zoned R-15. The zoning district of R- 15 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The proposed application requests a conditional use permit for a child care center in an R-15 zone for up to 24 children. The R-15 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -CHILDCARE CENTER -JANET TORGENSEN 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 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 as requested by the applicant, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Sanitary sewer and water to this facility would be via existing service lines. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian. 1.2 The Planning and Zoning Commission recommend that the parking be limited to 2 staff and 4 "visitor" parking slots. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4. D. and 11-13-4. E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 The MFD will need to make the final determination of allowable children at the time of their occupancy inspection. 1.4 The Applicant must remove any existing asphalt in the front yard that is beyond the 30-foot maximum driveway width (or whatever ACRD allows) prior to issuance of the C.O. RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -CHILDCARE CENTER -JANET TORGENSEN 1.5 A minimum 10-foot wide landscaped buffer area must be provided along Broadway behind the future sidewalk and east of the asphalt driveway. 1.6 In order to prevent headlight glare into the front yards of properties to the east, Applicant must plant evergreen or woody shrubs or other appropriate form of solid screening along the eastern edge of the new asphalt parking area. The screening must be at least three (3) feet tall at the time of planting and must be in place prior to issuance of the Certificate of Occupancy. 1.6 An ADA-approved handicap parking sign must be installed in front of the accessible stall in the parking lot. 1.7 Applicant shall provide a solid screening of the adjacent properties to the north, east and west to protect children from adverse impacts and to provide a visual and sound buffer between properties. Applicant shall clarify the type and height of fencing proposed along the east and west sides of the rear play area with Staff. 1.8 The child care center shall not adversely impact surrounding residential properties due to children's noise, traffic and other activities. 1.9 Applicant must keep all outside play areas free of noxious weeds. 1.10 A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation signed by representatives of the Fire Department, Building Department and Planning Sz Zoning Department. 1.11 Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. a copy of which shall be provided to the City of Meridian at the time of P&Z Department's C.O. inspection and which shall be on-site for City inspection at all times. 1.12 Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 1.13 Applicant is to schedule an appointment with the Meridian Fire RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -CHILDCARE CENTER -JANET TORGENSEN Department for inspection prior to operating. Operation of daycare without proper approvals will result in revocation of conditional use permit. 1.14 Applicant shall comply with any other ACRD requirements now pending. 1.15 A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. All site drainage shall be contained and disposed of on-site. 1.16 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 11-13-4. C. 1.17 All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12- 1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning ~ Zoning Department prior to applying for building permits. 1.18 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 1.19 All construction shall conform to the requirements of the Americans with Disabilities Act. I.20 In accordance with City Ordinance 11-13-4. B.2., underground year- round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. ey/Z:\Work\M\Meridian\Meridian 15360M\Recommendations\CUP058ABCDaycare.wpd RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT -CHILDCARE CENTER - JANET TORGENSEN The Idaho ~., ,- - Statesman ~ ~ ~ -- - P.O. Box 40, Boise, Idaho 83707-0040 ~ ~ -., _ __ . LEGAL ADVERTISING PROOF OF PUBLICATION - - - - ~~ Identification 514 X396 1 by: NOTICE OF HEARING $ 9 3.4 8 P.O. # Rate Run Dates NT FEBRUARY 2, 16, 2001 Number of Lines 58 Affidavit Legal # 1 9456 CITY OF MERIDIAN 33 EAST IDAHO ST. MERIDIAN, ID 83642 to the Ordi and the La City Counc hold a publ Hall, 33 Ea ho, at the 20, 2001, fo considering Hubble E annexation an Ada Cou Posed plann Kodiak Deg west of Me south of Ove Leavitt an annexation Ada County 5laten Park east of Bla< Ustitdc Road; Leavitt an Plat apProv; other lots on zone for Prot LEGAL NOTICE PUBLIC HEARING IS HEREBY GIVEN pursuant nances of the City of Meridian w9 of the State of Idaho that the ~ it of the City of Merldian will is hearing at the Meridian City st Idaho Street, Meridian, Ida- ' r~ttte Pur6PO~se ~ reviewing aartryd the applications of: ngineering for a request for and zoning of 5.4 acres from my RT zone to R-8 fora pro- for a to a Conditional Use center for 24 chit- ~ for proposed ABC eschool generally ~dwav; request to rezone L-0 for proposed I Medical Center enter generally ' comer of Cherry I; Conditional Use it development in for proposed St. ', comer of Cherry Preliminary Plat s at 6.95 acres in Pub. Feb. 2,16, 2001 9456 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TVIIO consecutive weekly single aconsecutive daily aodd skip insertion(s) beginning with the issue of: FEBRUARY 2 2001 and ending with the issue of: FEBRUARY 1 6 , 2001 COUNTY OF ADA On this 1 6 day of FEBRUARY in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Id o ~ ~.. Residing at: Boise, Idaho ,''''M~~t~ ~~ ;;on expires: ~ ~ D~ ••~,,q4P''~~ RI cal' ~~~'• y~~ ~pTA1Q~, ~•~ * ~°UBL1G •' ~L`P~~ $~.o'~ .,~,•91,P O F 1~ Q,'~~. STATE OF IDAHO ) )SS r~ BEFORE THE MERIDIAN CITY COUNCIL Fae corn C/C 02/20/01 IN THE MATTER OF THE APPLICATION OF DAHL AND JANET TORGENSEN, FOR A CONDITIONAL USE PERMIT FOR ACHILD-CARE CENTER FOR 24 CHILDREN IN AN R-15 ZONE FOR PROPOSED ABC CLUB DAYCARE AND PRESCHOOL, LOCATED AT 650 W. BROADWAY, MERIDIAN, IDAHO Case No. CUP-00-058 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on February 20, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and the Applicant, Dahl Torgensen, appeared and testified, and no one appearing in opposition, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) - 1 FINDINGS OF FACT n 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 February 20, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said February 20, 2000, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code § § 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) _ 2 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 650 W. Broadway, Meridian, Idaho. 5. The owners of record of the subject property are Dahl T. and Janet L. Torgensen of Meridian, Idaho. 6. Applicants are the owners of record. 7. The subject property is currently zoned R-15. The zoning district of R-15 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2 E. 8. The proposed application requests a conditional use permit for a child day care center in an R-15 zone for up to 24 children. The R-15 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1.). 9. The Meridian City Council recognizes that the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) _ 3 application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. That the Applicants, Dahl and Janet Torgensen, owners of the property, are granted a conditional use permit for a child care center for 24 children, located at 650 W. Broadway, Meridian, Idaho. The requested conditional use for the development of the aforementioned project is described in the attached Exhibit "A", and incorporated herein as if set forth in full, and consisting of one page. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) - 4 ,~-.~ r~ 12.1 Sanitary sewer and water to this facility shall be via existing service lines. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian. 12.2 Parking shall be limited to 2 staff and 4 "visitor" parking slots. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12.3 The MFD shall make the final determination of allowable children at the time of their occupancy inspection. 12.4 The Applicant shall remove any existing asphalt in the front yard that is beyond the 30-foot maximum driveway width (or whatever ACHD allows) prior to issuance of the C.O. 12.5 A minimum 10-foot wide landscaped buffer area shall be provided along Broadway behind the future sidewalk and east of the asphalt driveway. 12.6 In order to prevent headlight glare into the front yards of properties to the east, Applicant shall plant evergreen or woody shrubs or other appropriate form of solid screening along the eastern edge of the new asphalt parking area. The screening shall be at least three (3) feet tall at the time of planting and shall be in place prior to issuance of the Certificate of Occupancy. 12.6 An ADA-approved handicap parking sign shall be installed in front of the accessible stall in the parking lot. 12.7 Applicant shall provide a solid screening of the adjacent properties to the north, east and west to protect children from adverse impacts and to provide a visual and sound buffer between properties. Applicant shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) - 5 r~ ~ clarify the type and height of fencing proposed along the east and west sides of the rear play area with Staff. 12.8 The child care center shall not adversely impact surrounding residential properties due to children's noise, traffic and other activities. 12.9 Applicant shall keep all outside play areas free of noxious weeds. 12.10 A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation signed by representatives of the Fire Department, Building Department and Planning SL Zoning Department. 12.11 Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division, a copy of which shall be provided to the City of Meridian at the time of P&Z Department's C.O. inspection, and which shall be on-site for City inspection at all times. 12.12 Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 12.13 Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals shall result in revocation of conditional use permit. 12.14 Applicant shall comply with any other ACHD requirements now pending. 12.15 A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 12.16 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 11-13-4.C. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) - 6 ~ ^ 12.17 All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12- 1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning Sz Zoning Department prior to applying for building permits. 12.18 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 12.19 All construction shall conform to the requirements of the Americans with Disabilities Act. 12.20 In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Adopt the Recommendations of Sanitary Services as follows: 12.21 Residential waste cans shall be placed at the curb, and commercial can rates shall apply. Adopt the Recommendations of the Central District Health Department as follows: 12.22 Plans shall be submitted for the child care center for plan review. Adopt the Recommendations of the Ada County Highway District as follows: 12.23 Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Broadway Avenue abutting the entire parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) - 7 rte, ,~ 12.24 The existing driveway width and location is approved with this application. 12.25 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 12.26 Requests for appeals to the ACHD shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. 12.27 Requests for appeals to the ACRD for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 12.28 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193. 12.29 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 12.30 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 12.31 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 12.32 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) _ g advises the Highway District of its intent to change the planned use of the subject property unless awavier/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 12.33 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Adopt the Recommendations of the Central District Health Department as follows: 12.34 All codes shall be met. 13. The proposed use within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance. 14. The uses proposed within the subject application will be subject to the conditions set forth in Finding of Fact No. 12 and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) _ g ~"~ ~r, 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 18. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 19. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but maybe allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) - 10 r"` .r"O for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian City Code § 11-17. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) - 11 Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT hereby ORDER and this does Order that: 1. That the Applicants, Dahl and Janet Torgensen, owners of the property, for a child care center for 24 children, located at 650 W. Broadway, Meridian, Idaho. The requested conditional use for the development of the aforementioned project is described in the attached Exhibit "A", and incorporated herein as if set forth in full, and consisting of one page. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 Sanitary sewer and water to this facility shall be via existing service lines. Applicant shall be required to enter into a Re Assessment Agreement with the City of Meridian. 2.2 Parking shall be limited to 2 staff and 4 "visitor" parking slots. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) _ 12 AND CONCLUSIONS OF LAW, the City Council does 2.3 The MFD shall make the final determination of allowable children at the time of their occupancy inspection. 2.4 The Applicant shall remove any existing asphalt in the front yard that is beyond the 30-foot maximum driveway width (or whatever ACHD allows) prior to issuance of the C.O. 2.5 A minimum 10-foot wide landscaped buffer area shall be provided along Broadway behind the future sidewalk and east of the asphalt driveway. 2.6 In order to prevent headlight glare into the front yards of properties to the east, Applicant shall plant evergreen or woody shrubs or other appropriate form of solid screening along the eastern edge of the new asphalt parking area. The screening shall be at least three (3) feet tall at the time of planting and shall be in place prior to issuance of the Certificate of Occupancy. 2.6 An ADA-approved handicap parking sign shall be installed in front of the accessible stall in the parking lot. 2.7 Applicant shall provide a solid screening of the adjacent properties to the north, east and west to protect children from adverse impacts and to provide a visual and sound buffer between properties. Applicant shall clarify the type and height of fencing proposed along the east and west sides of the rear play area with Staff. 2.8 The child care center shall not adversely impact surrounding residential properties due to children's noise, traffic and other activities. 2.9 Applicant shall keep all outside play areas free of noxious weeds. 2.10 A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation signed by representatives of the Fire Department, Building Department and Planning & Zoning Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) - 13 /"~ 2.11 Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division, a copy of which shall be provided to the City of Meridian at the time of PotZ Department's C.O. inspection, and which shall be on-site for City inspection at all times. 2.12 Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 2.13 Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals shall result in revocation of conditional use permit. 2.14 Applicant shall comply with any other ACRD requirements now pending. 2.15 A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.16 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 11-13-4.C. 2.17 All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12- 1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning ~ Zoning Department prior to applying for building permits. 2.18 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 2.19 All construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) - 14 2.20 In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Adopt the Recommendations of Sanitary Services as follows: 2.21 Residential waste cans shall be placed at the curb, and commercial can rates shall apply. Adopt the Recommendations of the Central District Health Department as follows: 2.22 Plans shall be submitted for the child care center for plan review. Adopt the Recommendations of the Ada County Highway District as follows: 2.23 Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Broadway Avenue abutting the entire parcel. 2.24 The existing driveway width and location is approved with this application. 2.25 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.26 Requests for appeals to the ACHD shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. 2.27 Requests for appeals to the ACHD for reconsideration shall specifically identify each requirement to be reconsidered and include written FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) - 15 documentation of data that was not available to the Commission at the time of its original decision. 2.28 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193. 2.29 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 2.30 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 2.31 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 2.32 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awavier/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 2.33 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION-AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) - 16 n Adopt the Recommendations of the Central District Health Department as follows: 2.34 All codes shall be met. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerlc upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~ day of ~ ~ ~ , 2001. ROLL CALL COUNCILMAN ANDERSON VOTED_y~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) - I ~ COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~-6 -Q MOTION: At'PROVED• _ DISAPPROVED: /'~ VOTED_~~~~ VOTED_~~~~ VOTED_~~~ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By• rty Clerk Dated: ~ (~'©~ 'f, ~~ y , ~i" ~ ~~~ll~ ~s-~9~'E;r Z~ ~`~~ r 'a'3 .,~~f, ~GU~ s ~`1``~~, msg/Z:\Work\M\Meridian~Nteridian 15360M\ABC Club CLJI'058\CUPFfCIsOrdDec.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN /CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) - 18 PARCEL I: The West 68 feet of the North 110 feet of the south 130 feet folloxing dQacribsd property: r~a~~ B~ginninq at a point 20 rods East of the Mortharest corner Southeast Quarter of Bection 12, Too-nship 3 North, Range of the Boise Meridian in Ada County, Idaho; and running South parallel with the Heridian Line 40 rods; thence East 1Z rods; thenae ~ ~pipG ~ North parallel to the Heridian Line 40 rods; and thence West Z2 rods to the PLACE OF BEGINNING ~ ~~~~ PARCEL II: of the or the 1 West thenae That portion of land in the Northwest Quarter of the Southeast Quarter of Section 12, Toxnship 3 North, Range 1 west, more specifically described as fellows: Beginning at thQ center of Section 12, Toovnship 3 North, Range 1 Wost of the Baiae Meridian in Ada County, Idaho; thence South 89°50' East, 330.00 feet to a point; thence South 0°10' West, b30.00 feat to the REAL POINT OF BEGINNING; th9IIC9 South 89°50' fBast, 68.00 feet; thanes North 0°l0' East, 30.00 feet; thenae North 89°50' West, 68.00 f aet; thenae South 0°10' WQ9t, 30.00 feet to the PLACE OF BEGINNING ?_. Date Date I I BEFORE THE MERIDIAN CITY COUNCIL C/C 02/20/01 IN THE MATTER OF THE APPLICATION OF ) CASE NO. CUP-00-058 DAHL AND JANET TORGENSEN FORA ) CONDITIONAL USE PERMIT FOR A CHILD ) ORDER OF CARE CENTER FOR 24 CHILDREN, ) CONDITIONAL LOCATED AT 650 W. BROADWAY, ) APPROVAL OF MERIDIAN, IDAHO ) CONDITIONAL USE PERMIT This matter coming before the City Council on the 6th day of March, 2001, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicants, Dahl and Janet Torgensen, owners of the property, are granted a conditional use permit for a child care center for 24 children, located at 650 W. Broadway, Meridian, Idaho. The requested conditional use for the development of the aforementioned project is described in the attached Exhibit "A" and incorporated herein as if set forth in full, and consisting of one page. 2. That the above named applicants are granted a conditional use permit for a child care center 24 children, located at 650 W. Broadway, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 6 DAHL AND JANET TORGENSEN -CHILD CARE CENTER FOR 24 CHILDREN (CUP-00-058) 2.1 Sanitary sewer and water to this facility shall be via existing service lines. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian. 2.2 Parking shall be limited to 2 staff and 4 "visitor" parking slots. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 The MFD shall make the final determination of allowable children at the time of their occupancy inspection. 2.4 The Applicant shall remove any existing asphalt in the front yard that is beyond the 30-foot maximum driveway width (or whatever ACRD allows) prior to issuance of the C.O. 2.5 A minimum 10-foot wide landscaped buffer area shall be provided along Broadway behind the future sidewalk and east of the asphalt driveway. 2.6 In order to prevent headlight glare into the front yards of properties to the east, Applicant shall plant evergreen or woody shrubs or other appropriate form of solid screening along the eastern edge of the new asphalt parking area. The screening shall be at least three (3) feet tall at the time of planting and shall be in place prior to issuance of the Certificate of Occupancy. 2.6 An ADA-approved handicap parking sign shall be installed in front of the accessible stall in the parking lot. 2.7 Applicant shall provide a solid screening of the adjacent properties to the north, east and west to protect children from adverse impacts and to provide a visual and sound buffer between properties. Applicant shall clarify the type and height of fencing proposed along the east and west sides of the rear play area with Staff. 2.8 The child care center shall not adversely impact surrounding residential properties due to children's noise, traffic and other activities. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 6 DAHL AND JANET TORGENSEN -CHILD CARE CENTER FOR 24 CHILDREN (CUP-00-058) ~'"~ 2.9 Applicant shall keep all outside play areas free of noxious weeds. 2.10 A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation signed by representatives of the Fire Department, Building Department and Planning SL Zoning Department. 2.11 Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division, a copy of which shall be provided to the City of Meridian at the time of P&Z Department's C.O. inspection, and which shall be on-site for City inspection at all times. 2.12 Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 2.13 Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals shall result in revocation of conditional use permit. 2.14 Applicant shall comply with any other ACHD requirements now pending. 2.15 A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.16 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 11-13-4.C. 2.17 All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. 2.18 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 6 DAHL AND JANET TORGENSEN -CHILD CARE CENTER FOR 24 CHILDREN (CUP-00-058) ,^~, 2.19 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.20 In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Adopt the Recommendations of Sanitary Services as follows: 2.21 Residential waste cans shall be placed at the curb, and commercial can rates shall apply. Adopt the Recommendations of the Central District Health Department as follows: 2.22 Plans shall be submitted for the child care center for plan review. Adopt the Recommendations of the Ada County Highway District as follows: 2.23 Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Broadway Avenue abutting the entire parcel. 2.24 The existing driveway width and location is approved with this application. 2.25 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.26 Requests for appeals to the ACRD shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. 2.27 Requests for appeals to the ACHD for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 6 DAHL AND JANET TORGENSEN -CHILD CARE CENTER FOR 24 CHILDREN (CUP-00-058) ,^~ r 2.28 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193. 2.29 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 2.30 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 2.31 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 2.32 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a wavier/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 2.33 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Adopt the Recommendations of the Central District Health Department as follows: 2.34 All codes shall be met. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 6 DAHL AND JANET TORGENSEN -CHILD CARE CENTER FOR 24 CHILDREN (CUP-00-058) 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ~ day of ~2C~, 2001. D. Corrie, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: ~ Dated: City Clerk ~r6-O, msg/Z:\Work\M\Meridian\Meridian 15360M\ABC Club CUP058\CUPOrder.wpd ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - DAHL AND JANET TORGENSEN -CHILD CARE CENTER FOR 24 CHILDREN (CUP-00-058) !!}ors r*cri~~~~rt+~~l~~ T~ ~ r t ~~.~ . ~ ~~ ~~~ rrf'~~ i:5ii~9<<4Fl PAGE 6 OF 6 PARCEL I: The West 68 feet of the North lio feet of the south 130 feet of the folloxinq dQecribed property: r ~' D G I B~ginninq at a point 20 rods East of the Northwest corner oZ the Southeast Quarter of Bection 12, Township 3 North, Range 1 West of the Boise Keridian in Ada County, Idaho; and running thenae South parallel with the Meridian Line 40 rods; thence East 12 rods; thenae _ ~ ID~aG ~ North parallel to the Heridian Line ~0 rods; and thence _ West 1,2 rods to the PLACE OF BEGINNING ~ 1 ~~f PARCEL II: That portion of land in the Northwest Quarter of the Boutheast Quarter of Section 12, Township 3 North, Range 1 West, more sp@cifiaally doecribed as follows: Beginning at the center of Section 12, Township 3 North, Range 1 Worst of the Boise Meridian in Ada County, Zdaho; thenae South 89°50' East, 330.00 feat to a point; thence South 0°10' West, 530.00 feet to the REAL POINT OF BEGINNING; thHDCe South 89°50' Bast, 68.00 feet; thence North 0°l0' East, 30.00 feet; thenae North 69°50' Rest, 68.00 feet; thenae South 0°10' Worst, 30.00 feet to the PLI~CE OF BEGINNING ,` - Date i Date i'~t °~/~ h I~ :I ~ _ . a January 16, 2001 CUP 00-058 MERIDIAN PLANNING & ZONING MEETING January 18, 2001 APPLICANT Janet Torgensen ITEM NO. 9 REQUEST Conditional Use Permit request for a child care center for 24 children in an R-15 zone located at 650 West Broadway AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: COMMENTS No Comment Need to meet all codes No Remarks No Comment See Attached comments See attached comments No comment US WEST: ~ n-~G~1 ~~'Vle~b'1 ~ G(.,~~- ~~ C~~ GIG~G~,rz ~,, INTERMOUNTAIN GAS: OTHER: ~ ~~ ~ _~~< Contacted: 1 ~ ~~i'(,~1~--~~- Date: -,~°r`t~ Phone: ~ ~~ "'~"~J VJ' Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 59 Borup: Motion is second. Any discussion? All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. Public Hearing: CUP 00-058 Request for Conditional Use Permit for a child care center for 24 children in a n R-15 zone for proposed ABC Club Daycare and Preschool by Janet Torgensen - 650 West Broadway: Borup: Mr. Durrant would you like some of these extra plans that would be a use to you. Item No. 9 public hearing request for Conditional Use Permit for a child care center for 24 children in an R-15 zone for proposed ABC Club Daycare and Preschool at 650 West Broadway. I would like to open this public hearing at this time and start with the staff report. Hawkins-Clark: Yes again the application here is the site plan the Broadway Avenue West 7th -there are dominantly industrial uses here across the street on the south side. There are fourplexes here to the west there are some single- family here. Also amulti-family to the north that front on Idaho. The site plan that they are proposing you already have I think the site plan clears up most of the questions we had as far as the fenced area. They are showing that this existing fence I did go out and look its in good shape. They are proposing to go ahead and construct new fence along the east and west here to for the rear play area. We had a couple of conditions in the staff report recommended to you as far as the parking area. I guess I won't go into detail on those assuming you've read the report. I'll just ask that our January 17, 2001 memo and conditions be incorporated. Borup: Any questions from the Commissioners? Would the applicant like to come forward? D. Torgensen: My name is Dahl Torgensen and I'm the husband of Janet Torgensen who is the name on -she'll be running the daycare. We own the property together and she asked me to answer the questions. We're working on this as a team so I'm here to help you understand. I think one of the - I assume you would like me to go through the conditions and talk about any. I think that specifically they wanted us to address the parking issue. There were some questions - Borup: Right and I think if you're in agreement with any of the staff comments suggestions then we don't really need to go into that. Those that may need clarification or if you have a different opinion on any of them that's what we would like you to address. D. Torgensen: Just one question, I would like to - on the parking the only question that we had is we -according to the side plan and I had talked to Steve Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 60 Siddoway and asked him for clarification on parking. We're going to have two employees in the garage and their cars will be parked there throughout the day. What we would like to do in order to provide three parking spaces over and above the two employee parking spaces is to turn that parking around and be able to park in front of the garage drop off point. I'm not sure if that's allowable or what we can do to accommodate that. The other option, because we do need three parking spaces (believe -we're going to have 22 children. Actually 24 but two of those children will be employees' children. They will be taken care of in the garage there. We do have room where the handicap spot is and the next spot. There is room there also for another parking space, at least the way I figure. I measured it and tried to take in consideration right away and all of those considerations. Borup: Are you talking about adding another parking spot here to the south of the other? D. Torgensen: Yes, that would be able to have us pull in straight. Hatcher: That would give you the three that you need if you put the employees in the garage. D. Torgensen: I think we're okay either way I just want to make sure that there's a couple of different options I think for us there. Hatcher: Do you see any problem with that Brad? D. Torgensen: Excuse me? Hatcher: I'm just asking staff, do you see any problem with that? Hawkins-Clark: We didn't receive any written comments from Ada County Highway District, did you? D. Torgensen: We met with them, they said they were going to send those over. They have made a requirement of us to have curb, gutter and sidewalk. Originally when we sat down with the staff they indicated that they would be okay if we had sidewalk just up to the asphalt that we had put in. Then we got an e- mail back saying that an engineer had come back and said that we couldn't use that asphalt as sidewalk and we need to take that out. We have appealed that piece of it with the commissioners and we have a meeting set up for February 7tn at noon to address that. Bottom line is one way or another we'll either have sidewalk all of the way across the front of the property meeting up with the sidewalk with the duplexes next door and curb and gutter. Or we'll have curb and gutter all the way across the property and sidewalk up to where the asphalt begins. Unless we can convince them that we don't need curb and gutter at all but we'll see how that goes. Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 61 Hatcher: Can we address this and act upon this without any -can we make it a condition of approval that they meet ACHD requirements. Hawkins-Clark: Yes, that was the reason that I asked because typically Ada County Highway District will require -they will only allow a maximum driveway width. Borup: We need to get a testimony on the - Hawkins-Clark: In that case they're showing it with I think 24 feet right here. Essentially if you put another parking space here -- I mean your driveway is basically 44 to 45 feet wide essentially. Even though you're serving it as parking there's no - to go full all the way across. If you do choose to go that way that would nullify our recommended condition five. We are suggesting as staff, that the applicant remove all of the existing asphalt in the front yard that's beyond the 30 foot driveway which would be this area here that was just talked about to use as I understand it is currently asphalted right now. Moore: Commissioner Borup, I do not have staff comments in my materials I will need them. Borup: I think those just came after the first - Nary: It was in our boxes. Centers: Yes. Hatcher: It was January (inaudible) sitting here on the desk. J. Torgensen: We had to pick ours up yesterday. Borup: Larry, here's a set coming. Moore: You have a set coming? Thank you, I appreciate that. D. Torgensen: So just so maybe I can clarify with Brad. What you're saying it it's 44 feet from the left or from the -from there to there and that the driveway can only come down how far? Borup: He's saying ACHD's saying 30 feet where it meets the road, 30 feet wide. D. Torgensen: Okay, where it meets the road? Okay, I have you. That's according to ACHD? Hawkins-Clark: Like I said that is their typical policy. Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 62 D. Torgensen: So if we were to agree to abide by whatever ACHD decides that needs to happen there then you guys would be okay with that? Or were you saying that if we had parallel parking up here in front of the garage and the handicap space over to the left that that would not create any problems at all for you? Hawkins-Clark: That was my original though in order for you to meet your off- street parking. Instead of putting it facing east west to put it north south but that - D. Torgensen: We would much rather do that, we were kind of under the understanding that we couldn't stack in front of the garage. I couldn't see any reason why not but that would be our preference to be honest with you, would be to do it that way. Hawkins-Clark: The only reason I took back on that was because of ACHD's typical comment. This width that you're showing is all that they may allow. This 24 feet which means that this is going to have to go away and then you would be forced back to where you are at now. D. Torgensen: They did that, they did look at the plan and as far as I understood they were okay with the asphalt as long as there was curb, gutter and sidewalk in front of it. The width up here. Hawkins-Clark: (inaudible) that they saw this plan right here that showed 24 foot wide? D. Torgensen: Right. J. Torgensen: Actually, they went out and looked at the property itself. They had the tech's go out and they had the engineer go out also. When they came back their comment was that we need the curb, gutter and sidewalk. Borup: For the record we need to say that was Janet Torgensen that was speaking. J. Torgensen: Janet Torgensen yes. Borup: So they did see the sight after the asphalt was - D. Torgensen: Right. Borup: Brad are you saying maybe two parking spots in front of the garage and then maybe where the handicap is now can be the third? Or even that add an angled parking that you would be able to get in and out? ~ ~ Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 63 Hawkins-Clark: Originally what I talked about was they could fit a total of five stalls across from their west property line. You just come in off Broadway and you have head in parking. You have one here, one here, one here, one here, and one here. They would all go head in and yes that would include - Borup: That would wipe out the landscaping buffer and everything. Hawkins-Clark: That's correct. There would be no landscaping here where they currently show the white area. Once again it's your call but that would reduce five and six. It -certainly if they're asking for curb, gutter and if your appeal is successful at Ada County Highway District then it really is no issue. If they require curb, gutter and sidewalk then the curb cut, you're going to have a curb cut in there unless they allow rolled curb over the whole thing. D. Torgensen: That's what they're telling us we have to have is rolled curb. Borup: They would still be expecting grass in the other area though? Hatcher: What I would propose in lieu of sitting here and trying to solve it. It would seem to me that it would be prudent of on our behalf to do one of two things. Either to continue this to a new meeting after their appeal to ACHD has gone -you said February 7th is your meeting with them? D. Torgensen: Right. Hatcher: So we could put it on the 15th docket which should get ACHD enough time to draft up a final letter, and allow you to go to your appeals meeting. The other option is that we could recommend three adjacent parking lots, tanned them to the garage, minimum City requirements as far as size and width per staff's final approval pending ACHD's review and comments. That leaves a lot of loose ends floating around. D. Torgenson: Can I just do you mind if I ask a question and just clarify. If you as Meridian City this is new to me so that's why I am asking questions. But if you as Meridian City say to us that its okay that we have those parking stalls straight in and that we meet the requirement of three parking stalls and then we do whatever needs to be done through Ada County Highway District. Would it be possible to get an okay from you for what your requirements are rather than coming back to another hearing? Hatcher: that's what I'm saying we have two options as the board. We can either just lay low and see how things pan out with you and ACHD and then approve it or deny it or fix it or whatever. Or we can take action now and approve it or deny it based upon City of Meridian requirements. Pending there is no conflict with ACHD. If we do that we're not going to basically be relying on staff to solve any problems that we potentially generate tonight. Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 64 D. Torgenson: So the loose ends jus to clarify you feel like the loose ends would be - Hatcher: Basically how you are going to do your curb cut or whether it's aroll- down. Whether you've got a 24-foot driveway or 30-foot driveway. Whether it's going to be perpendicular parking. Usually we require -- this is a very plan compared to some of them that we get. But we're talking about changing it we usually require that the plans reflect that, which we approve, which would be another reason to put it off until February's docket. D. Torgenson: We can get the plan changed no problem. Hatcher: That way it would reflect what you and Brad work out and would reflect ACHD in your appeal does. Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: The only other concern I would have is February 15, 2001 that we end up sort of behind the eight ball sort of like we were tonight. Hatcher: Exactly. Nary: They meet on the seventh for ACHD it takes them a day or two to get their report in it doesn't get to our folks until the day before the meeting and they really don't have any time if there is a lot of change. I guess that a problem to me if we are going to delay it if we only delay it to February 15, 2001 with your appeal hearing on the seventh (inaudible) adequate time to make an analysis and come back. I think you folks were here earlier that makes it awful difficult for us to be able to go forward. Then we're delaying it again. I guess my preference is if we're going to delay it lets delay it to where we really think we can be done with it and make a decision to move on. I recognize delay doesn't help you in that - having to sit around and wait may not be the easiest thing. But it doesn't help you if we come back on February 15, 2001 and we still can't make a decision anyway then we would still have to wait another couple of weeks. D. Torgenson: Whether this is here this neither here nor there but I would kind of like to understand if I could once you approve it and I have the stuff back from Ada County Highway District and we've taken care of all those issues approximately how long before we could actually open for business? Any estimates on that? Nary: Understand our approval goes to the City Council for their final approval. I don't how long - Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 65 Hatcher: Usually two weeks. Borup: We would be making a recommendation to them. Nary: The other concern I have and you probably heard earlier part of our responsibility as this Commission is to try to have a complete package to send to the City Council. Not one we anticipate will be complete once it gets there, and that's kind of what I think we're wrestling with. At least what I'm wrestling with in my preference would be we send them the completed project rather than assume it will be done when we get there when they get it. If we were to delay this to say the March 1, 2001 meeting and then the City Council a couple weeks -they meet every week so they would get it two, three, four weeks somewhere in that range when ever their agenda can deal with it. Once their approval if finaled then you can apply for building permit. Hawkins-Clark: Chairman Borup. Sorry I just want it interject that typically we do receive Ada County Highway District decisions the day after, which would be February 8, 2001. 120-acre verses this as far as were concerned its up to you but I don't there will be a problem at a staff level to handle between February Stn and February 15tH the review of something this small. D. Torgenson: We do like feel like small potatoes compared to (inaudible). Hatcher: All businesses are just as important it's just the matter of time it takes to deal with them. Borup: The only other question I would have from staff is Brad Commissioner Hatcher made a couple of options. Have you got a preference either way would it make any difference? Would staff feel comfortable with either one? Hatcher: (inaudible) or could we put it back on your shoulders? Hawkins-Clark: I really don't feel with something -you know with this we can surmise that Ada County Highway District is going to come back with one of two things. Neither one of them will really have a significant impact on the project. I guess we would feel comfortable as staff working it out. If you are in agreement with all the other conditions - *** End of Side Four *** Hawkins-Clark: -- the driveway width is limited then basically we are back to this arrangement here. If not then we would just go with the four stalls that are head in parking. Moore: Commissioner Borup legal opinion here would be you should not put this on your staff. That it's your responsibility and therefore you should set it over. Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 66 Borup: Okay. We have received very strong direction from City Council that I think maybe what's kind of been indicated the complexity of the project is a bearing there too. They definitely don't want to see a subdivision plat that has changes being made to it. I don't know if they've expressed real strong opinions on an application like this but I understand what you are saying. Nary: Mr. Chairman is the normal process though once if we were to approve this project wouldn't it normally go to the City Council in two or three weeks from tonight? Hawkins-Clark: I would refer that to Shelby. Nary: Would that just be the normal course within two weeks, three weeks - Borup: Depending on their agendas. Nary: Two or three meetings it would probably be on there? Ugarriza: If it were approved today, it would go to February 20, 2001. Nary: February 20, 2001? Ugarriza: Yes. Hatcher: But the appeal isn't until the seventh it wouldn't be prudent of us to act upon it tonight. Because it would be premature. It would be going to City Council prematurely. Borup: February 20, 2001. Torgenson: February 20, 2001 right? Hatcher: Oh February 20, 2001 Iwas -two days never mind. Centers: Mr. Chairman. Borup: Commissioner Centers. Centers: I have a question for staff and it's definitely off the subject here. I see the Central District Health's response and then I see we have a daycare center for 24. They want to see the plan and contact Susie Simmons. J. Torgenson: Can I address that? Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 67 Centers: Let me finish. How do we arrive a t 24 children at a specific location? assume square-footage I'm curious about that. Borup: Yes. Hawkins-Clark: That's correct. Centers: So when you put the 24 in here has the Central District Health approved that? J. Torgenson: Can I address that? Borup: Please do. J. Torgenson: Janet Torgenson. I called Susie Simmons yesterday she's been out and looked at the house and given me written instructions of what I need to do, which we are doing at this time and have almost all of them completed. She told me yesterday that she didn't write that up and I guess the person who wrote that up didn't know that she had already been out to the house. She told me to carry on. Those were her words. She needs to come out two more times before we get final approval from her also. At 80-percent finish and then when we have children in the facility. Centers: I was curious too. J. Torgenson: It's a long process. Borup: You said you've complied with their request to contact? J. Torgenson: Yes I called her yesterday morning. I wondered why it said she needed a plan and she doesn't need a plan because she's already come out and seen the house. Centers: Well you're not going to do some remodeling? J. Torgenson: Pardon? Centers: You're not going to remodel? D. Torgenson: We've actually done that. Centers: Oh you've done it. D. Torgenson: Yes we're trying to stay ahead of the (inaudible). J. Torgenson: We enlarged a bathroom is all and opened up a doorway. Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 68 D. Torgenson: To make it ADA compliant. Centers: Very good thank you. Borup: Any final questions from any of the Commissioners? Hatcher: None. I would move that we continue this project -hold on. Let me back up a second. Shelby if -are we moving to the February 20, 2001, meeting because of their current load already rather than like (inaudible) two weeks from now? Ugarriza: The noticing requirements - I have to have so many days prior to the meeting to notice in the paper and to the property owners. Hatcher: We can't get it rotated? Ugarriza: The 6th just passed; the deadline for February 6th. It would be February 20, 2001, as the next available meeting date. Hatcher: We have a meeting the first, which isn't going to take care of the appeal because that will be the seventh. D. Torgenson: Can I ask maybe I want to clarify I'm not sure on the appeal mainly all the appeal will do is just make it so we don't have to put in as much sidewalk. If ACHD comes back and agrees we can use the existing asphalt then we wont need to put in as much sidewalk. Otherwise were going to have sidewalks across the whole front of the property and were committed to do that we don't have any problem whatsoever in doing that. In speaking with them they did not express any concern with us with the width of the driveway except for down there, which is going to be taken care of by curb and gutter and sidewalk. I just wanted to clarify that. The only thing that we are appealing is to try to get them because of financial reasons to let us use existing asphalt for sidewalks as opposed to regular sidewalks. That's the only thing we're appealing is just to have a little bit less sidewalk. Hatcher: Another thing you have to consider is we don't have an ACHD report in hand at all. Hawkins-Clark: Mrs. Torgenson just handed we one this evening we had not received one prior you are correct. Hatcher: I don't think we have any alternative. Centers: I think we have an opinion from our legal advisor here Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 69 Hatcher: I don't think we have any -exactly. Centers: We have his advice. Hatcher: We have to continue it to the earliest date. Borup: The earliest date for us? Hatcher: The earliest date for us would be our next meeting after the appeal. Borup: Which would be February 15, 2001. Hatcher: Which would be February 15, 2001. Borup: Its up to the Commissioners. Hatcher: I would motion that we continue this project to February 15, 2001. Centers: We need to close the public hearing. Borup: No. Hatcher: No if we're going to continue it I would like to keep it open. Centers: Okay. Nary: Second. Borup: Motion is second. Any discussion? Hatcher: Just for the applicant's knowledge, when would that put them on City Council? Trying to work with you here the best that we can but our hands are tied. Ugarriza: It looks like March 20, 2001. Centers: If we act tonight it would be February 15, 2001. Borup: It would be a month either way you - D. Torgenson: If you had the just to clarify if you had the ACHD report and it talked about that their requirement was the curb and gutter and we had agreed to that and we weren't appealing in anyway - Hatcher: That's correct. Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 70 D. Torgenson: Would that change the - Hatcher: If we had the ACHD report seven days ago and there was no appeal we could act upon it tonight. But because of those two reasons we legally have to postpone it until February 15, 2001. Sorry. Borup: When did they write the report? What's it dated? Hawkins-Clark: January 9, 2001. Hatcher: That was nine days ago. Borup: Did they hold it because of the appeal do you think is that why they didn't send it to us? Hawkins-Clark: I don't know. Freckleton: Mr. Chairman under Site Specific requirements there are only two Item No. 1 says construct curb, gutter, five-foot wide concrete sidewalk to match paving on West Broadway Avenue abutting the entire parcel. The second Site Specific was there standard moratorium comment regarding the five-year no cut. Hatcher: Should we act upon that? Or did you just say that's a draft? Freckleton: This is a draft. Hatcher: That's a draft. D. Torgenson: That's not changing I know except that we would like to have less sidewalk. Hatcher: Again legally we can't act on a draft even. If that was a final document - Borup: Well we have before and I think we can -its sounds like if we act tonight it would have to be on how ACHD has written their report right now, which is requiring curb, gutter. If its goes in to appeal and anything changes from that then need come back before us again. Would that be the procedure? Hatcher: That take the risk we can act upon it tonight. Borup: If you want to take the risk or not. Nary: Mr. Chairman I guess I'm curious as to why we can't - if we did choose to act and again I don't like to send incomplete things. If we simply require that they Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 71 have to meet the ACHD requirements no matter what they are. What difference does it make? D. Torgenson: And then you would have up until the 20th of February; right? Nary: They are going to either have to build the sidewalk as the Torgenson's has said they will if they have to. Or they won't have to build a sidewalk and they can use the existing asphalt that is there. If our condition is that they are going to have to comply with the ACHD requirement before they can have a CUP. What difference does it make if we make a decision tonight? Hatcher: The only thing I could see Bill is up to five minutes ago we didn't have anything in writing. Nary: I would agree - Hatcher: From ACHD as to what the requirements were. Hatcher: It sounds like there's only two Site Specific one is boilerplate and the second is simply the one they are appealing. They're either going to have to do that or ACHD is going change it and all we're going to require is that they comply. And they are going to have to do either one what ever ACHD requires. The spaces are only going to change configuration of where the spaces go in relation to the sidewalk or the asphalt. They have to have five no matter -whether they have a sidewalk there or asphalt there. (Inaudible discussion amongst Commission) Nary: You have to have them regardless so I guess I don't see - like I said I don't want to send something incomplete but this is not 388-acres of 400 houses. This is really not the most major thing. I think - Hatcher: It's very simple it's just -very simple scenario. I would like to act o nit tonight but I also don't want overstep our legal boundaries. D. Torgenson: I understand. We're ready to do what needs to be done. Hatcher: Do we have legal opinion if we were to act tonight based upon this discussion we just had - Moore: (inaudible) has over there you can probably do it but if something goes wrong you would have to start all over again anyway. Hatcher: Right. Borup: Right. Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 72 Hatcher: Which is going to take just as long as us postponing it anyway. But we can act because we do at least have that draft copy. Good thing you brought that. Moore: (inaudible) - D. Torgenson: They gave us two of them. Moore: -- act it on it. Because that isn't correct. Hatcher: We would have to do a verbal description of what's required. Moore: Exactly. D. Torgenson: We could bring you - I can get you a new plan too and get it here probably tomorrow or the Monday. Hatcher: Right. It would go to Brad or Steve. Borup: Brad, I noticed that staff didn't have any comments at all as far as landscaping is that correct? Hawkins-Clark: Chairman Borup no number five and six deal with landscaping. I'm sorry 5 doesn't pertain 6 does minimum 10-foot wide landscape buffer - Borup: I thought I had read that earlier and Iwas - Hawkins-Clark: They're connected and you cannot do number six if you don't do five. Borup: That's my concern or my question Hawkins-Clark: There's a certain amount of beautification issue there. You're really not talking about a great amount of area. Technically the Ordinance is off- street parking if you - at this point this plan does not meet the off-street parking requirements for 24 kids. Because they have four off-street parking. That's why I had suggested I think number three that if you approve this way the number of kids would have to be reduced to meet City Ordinance. Borup: Or redo the plan or ask for a parking variance. Hawkins-Clark: Or ask for a parking variance that's correct Borup: Mr. Torgenson - Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 73 Centers: Excuse me. You do have a motion and a second on the floor to continue this - Borup: I know we kind of got off base here in a discussion phase. Let me finish Mr. Torgenson how - I think you've heard what's been said. We are going to need a vote on this motion either way. How big of a gambler are you? If we went ahead and voted on this and ACRD said something different it would be different than our motion. (Inaudible) different than our motion and come back before us. D. Torgenson: My understanding is at least the way I'm thinking of it's probably not going to delay me that much more. I would rather - Borup: Take the gamble. D. Torgenson: I would rather take the gamble because I feel pretty comfortable after meeting with ACHD - Centers: It sounds like you are moving forward you said you are 80-percent complete. D. Torgenson: Were trying to be proactive. Simply because we have ways of taking care of -our daughters going to move in for a little while and a few things like that. But come May we really need to be going with the business if we possibly can. I would rather just go ahead and try it and I feel comfortable with the people we're dealing with ACHD that they are being straightforward and I understand what they want to do. Borup: Do we need to clarify the motion that was made? Centers: It was simply to postpone this item No. 9 to the February 15, 2001 meeting. Borup: I think we have beaten the discussion to death. All in favor? MOTION CARRIED: ONE AYE, TWO NAYES, ONE ABSENT Hatcher: To continue it? Centers: Yes. Borup: So that motion is - do we have another motion? D. Torgenson: The concern with lowering the number of kids - Borup: I think we all understand that. That's probably not a viable option. Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 74 J. Torgenson: (inaudible) difference on the parking. D. Torgenson: I think you can get three parking spaces no problem. Borup: Isn't that right Brad you need to lower it 10 to make a difference on the parking? Hawkins-Clark: Commissioner Borup it depends on the number of staff I think in part. It's one per 10 children and then one per staff. D. Torgenson: And we'll have two staff with 20 kids. Borup: So 20 kids and two staff would be 4 parking places. Hawkins-Clark: Correct yes that was another question we raised. The state has a certain ratio that you have to have certain number of staff if you have kids that are it thinks its under 18 months. Then you have to have a greater ratio and then up to two years and then up five years old. Borup: Okay. Hawkins-Clark: That was the reason for the question on - if they are committing to you a maximum of two staff then this plan meets it. I was thinking they may want the flexibility to have three staff if for instance there are younger kids. Then the ratio would increase. Not going to take it okay. D. Torgenson: We don't want little guys, real little guys. Nary: Do you have to have four stalls plus the handicap stall? Hawkins-Clark: No. Nary: So you would need five? Or is it four including the handicap stall? Hawkins-Clark: Including. Nary: Okay. Hatcher: So we just got rid of a parking stall? Hawkins-Clark: Sounds like we did. Borup: Well if they go to 20. Hatcher: So now that plan is in compliance. Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 75 Hawkins-Clark: Yes it is. Hatcher: So we don't have to change it. Nary: Because this said three for staff and they are saying two. Borup: Well that's with 20 kids - 20 kids would be two staff. So if they are changing their application to 20 then it's in compliance. Is that what you are saying? Isn't somebody saying that? Nary: Or we can limit the condition to 20 children and two staff. Then the requirement -the ACRD requirements. Borup: And what's your preference? D. Torgenson: I want to make sure I understand. We could have 24 - if we went with 24 kids Borup: You would need to get one more parking space. D. Torgenson: -- need to get one more parking space. I believe they clarified earlier was that if we did that vertical, straight in that we would have three more parking spaces. But that doesn't match the plan - Borup: Correct. D. Torgenson: We'll go with - Borup: You've got both that and the ACHD 30-foot policy to contend with D. Torgenson: Just one clarification just for you guys. If we determine then that we can have three spaces there and we got that all done. What would we need to do to come back and say we can have 24 kids what would that - in the future? Nary: I guess I want to clarify on condition No. 2 it says one space for every 10 children. The proposed number is 24 a minimum of five stalls are required 2 for children three for staff. They're saying two is for staff so we don't need three - so they can have two spaces for 24 children at least the way this is written. Correct? Hawkins-Clark: That's correct. That's a rounding issue and there's no - as I understand it no state or City Ordinance that clarifies that. Typically we round 24 would be 2.4 it's less than 2.5 so you go down to 2. Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 76 Nary: If we were to amend condition two we would only amend two for staff and we would still -and you would be comfortable with that still in compliance is what we would normally request from other people. 24 children two parking spaces for staff and two parking spaces for the children drop-off is adequate. Hawkins-Clark: That's correct. I was assuming in that three staff the highest possible ratio. Of the youngest kids - Hatcher: We would have to - Nary: We don't have to limit with the children we just limit with the staff - Hatcher: In our approval we would have to state - Borup: We could just state in compliance with - Hatcher: -- children younger than 18 months. Borup: We (inaudible) state regulations would handle that. Nary: The state would require that. J. Torgenson: Exactly. Nary: So we wouldn't have - J. Torgenson: Susie Simmons yesterday asked me again are we taking infants. We are not taking infants. That right there -- our ratio is 12 children per employee. That's why we went with 24. Nary: That's compliant with the state? J. Torgenson: Right. We will not be taking infants at any time. We're not even set up for it. D. Torgenson: We're grandparents now we don't want to change diapers. Hatcher: Just your own grandchildren they're fine. Borup: Okay well the last motion died. Nary: Mr. Chairman I would move that we recommend approval of CUP 00-058 the request for Conditional Use Permit for a childcare center for 24 children in an R-15 zone for proposed ABC Club Daycare and Preschool by Janet Torgenson at 650 West Broadway with the following modification of the Conditional Use Site Specific Requirements No. 2 that it be limited to no more than two staff as for Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 77 parking spaces so that the current site plan would then be in compliance. Then Site Specific requirement No. 5 that it clearly state the applicant must comply with what ever requirement is placed by ACHD in regards to the driveway the 30- foot driveway or asphalt use of asphalt for driveway what ever the requirement ACHD has that they are going to be required to comply with that. Does that meet the two things I think we've beat to death here? Hatcher: And any additional - Nary: And any other additional ACHD requirements. Hatcher: Then the appeal - is own your own gamble it doesn't effect this at all. Nary: If they do something different that you have a problem with or concern with you have until February 20, 2001 to fix it before the City Council reviews it. D. Torgenson: Thank you Borup: Wait a minute if we're making a motion for approval then we probably need to close the public hearing. Nary: I would move that we close the public hearing I'm sorry. Centers: I second that. Borup: Motion is second to close the public hearing. Now do we need to repeat that motion or can you - Nary: All those in favor of that one. Borup: All in favor of closing the public hearing? MOTION CARRIED: THREE AYES, ONE ABSENT Nary: Our we clear on the motion to approve? Borup: Does everybody still remember the motion that was made even though it was in the wrong order? Motion is second. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Item 10. Public Hearing: AZ 00-025 Request for annexation and zoning of 8.15 acres from RT to R-4 by Leavitt and Associates Engineering for proposed Staten Park Subdivision -Black Cat Road and Ustick Road: C11/G~/1b01 07:15 2088885052 SANITARY SERVICE ~, PAGE 05 ~I:~ypR NUR OF TREASURE V~-LLEY ..-.. Rob~r[ D Comc A GOOd PIeCC t0 LI4'C LEGALDEPARTdENT cl-r~~ cou:~c(t- ,~IE~(B~Rs CITY QF ME~IDIAN~ [~~$)'-38.2a99 • Fax 288.2501 RQn Anderson Keith Bird 33 EAST IDAHO ttU(t,D[NG DEP.~FtTME!vT Tammy deWee d NlEt21,DIAN, IDAHO 83642 caosl ss~•z21 i • Fax 887.1297 r (208) S8S-J~J.33 • Fa.~c (208) 88?-4S 13 Chen: ~1cCandless Cuy Clerk Office Fay (208) 568-A21E ~ING PLA,v DEPARTMF,NT (208) 88a-3Sjg -Fax 888.6851 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: CUP-00-056 - Request: Conditional Use Permit re nest for a child care center in an R-15 zone for proposed ABC Club Daycare and Preschool By. - - ~vrgensen Location of Property or Project; Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z ~...._. Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/G Tammy deWeerd, C/C Keith Bird. C/C Cherie McCandless, C/C Water Department ______-__ Sewer Department _yZ Sanitary Service ~.~ Building Department Fire Department Police Department City Attorney City Engineer tiy() west Broadway Meridian School District Meridian Post Office (FP/PP) ___-____~ Ada County Highway District Community Planning Assoc. Central District Health ~fVa~r,NQ-~cid~•Irrig. District Settlers Irrigation Dlsiiiv, Idaho Power Co. (FP/PP) `~ U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) _____-_w Idaho Transportation Department Y/our Concise Remarks: ~Q~~„p ~a~ r MA ,.~ ~ ~ ~ r,~/ ___,~_ City Planner Parks Department (Residential Applications only) ven - Z6 ociFOlPFP • JO nZ . ;1 f~~' JAN ®5 2001 t~ity o~ Meridii~~ pity ~:'t~rk t:3ffir° JAN 05 '01 07 35 2088885052 PAGE. 05 CENTRAL •• DISTRICT `i~l"'HEALTH DEPARTMENT CENTRHL DISTRICT HEALTH DEPHi~TMENT Environmental Health Division Return to: ^ Boise ^ Eagle nditional Use Preliminary /Final /Short Plat ~~ ^ Garden City .~Alleridian ^ Kuna ^ ACZ ^ Star ^ 1. We have No Objections to this Proposal. ~~~. ^ 2. We recommend Denial of this Proposal. C*• J'4N ,1 ~~ It ~~ ~ ^ 3. S ecific knowled a as to the exact t ~lt'Y c f ~ P 9 ype of use must be provided before we can comment on t~~l. ~ ``~~ ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ~jec ^ 5. Before we can comment concerning individual sewage disposal, we will require more data conceming 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. ^ 11. 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. ~~~~i S a ~i ~ ~~~c~,,.~` ~~~ ~G(St E? Sc r~.r~ok,f• Date: _O.~/ ~? ~ / ~} // 1 ~.JV e t ~ ~~ ~~Z~L ~-~j - $530 Reviewed By: _ ~~~1%~ j'~ ~'°~°°~ Review Sheet MM4YOR Robert U. Corse CrTY Co>~;C>z, ~~> xxs Ron Anderson Ikeith Bird Tammy de~eerd Cherie McCandless HU13 UI~'lllli.A.YU1Z~' VA1.1,~'Y •-. A Good Place to Ln e c~ 1~ of ~~~~ 33 EAST IDAHO MF.RII3IAN, IDAHQ 83(rI2 (208) 888-~33 • F<s#k (208) 887-~#8j3 Cdty Qerk Office Fax (208) 8$5-4218 rt~r_ar r~z;naR~r~,rrrrr ~ ~~~~~ Ir~~'~~ 1 MEMORANDUM: January 17, 2001 To: Planning & Zoning Commission/Mayor & City Council ~N ' ] 2~0' From: Brad Hawkins-Clark, Planner ~~~ ~itY of Meridian Re: Request for a Conditional Use Permit for a Childcare Center (ABC Club Daycare and Preschool) in an R-15 Zone for Up to 24 Children by Janet Torgensen. (File # CUP-00-058) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY This Conditional Use Permit application proposes to convert an existing single family residence to a childcare facility/preschool. At capacity, the center would accommodate up to 24 children. LOCATION The subject property is located at 650 West Broadway. The property is one lot east of West 7rb Street on the north side of Broadway and zoned R-15. The entire south side of the block is zoned Light Industrial and the entire north side of the block is zoned R-15. There are no sidewalks on Broadway in this block. SURROUNDING PROPERTIES North -Single family residential home and four-plexes, zoned R-15, separated from lot by a 6- foot, cedar fence (good condition). South -Capital Concrete Products contractor/manufacturing yard is directly across Broadway, screened with a 6-foot chainlink and barbed fence/gate. Other commerciaUoffice buildings. East -Single family residences. West -Two four-plexes with attached carports. Additional four-plex units are on the west side of West 7rh Street. OWNERS OF RECORD Dahl T. and Janet L. Torgensen are the current property owners and have provided notarized consent for the application. CUP-00-058 ABC Club Daycare.CUP Mayor, Council and P&Z January 17, 2001 Page 2 CONDITIONAL USE SITE SPECIFIC REQUIREMENTS Sanitary sewer and water to this facility would be via existing service lines. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian. An assessment agreement is a vehicle that protects the City of Meridian and the applicant in the event that estimated assessments are not in line with actual usage. The agreement provides for reimbursement to the applicant for overpayment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2. Parking: Daycare centers are required under the Off-Street Parking Ordinance (11-13) to provide one (1) space for every ten (10) children, plus one (1) space per staff member. At the proposed number of 24 children, a minimum of Soff-street parking stalls would be required (assuming 2 for children and 3 for staff -but the staff and parking number could increase depending on the ages of children at the center). There are currently only four (4) off-street stalls shown on the Site Plan (two in the garage and two in the new parking lot), leaving a deficit of one (1) stall. At the P&Z Commission hearing, the Applicant should address their anticipated staffmg and parking demands. If the off-street parking requirement cannot be met on the site, the Commission should consider either reducing the total number of children allowed at the center or, possibly, the Applicant could submit a Variance application to allow on-street parking. 3. The Meridian Fire Department does not have a minimum ratio of outdoor play area, but 25 s.f. per child for outdoor play areas is a commonly used ratio. At this ratio, the outdoor play area proposed (approx. 3,162 s.f.) would exceed this ratio. 4. The floor plan submitted with the application shows the interior, usable floor area for children to be approximately 810 s.f. The Meridian Fire Department requires a minimum of 35 s.f. per child for internal use areas. At 810 s.f., this would allow for a maximum of 23 children at the existing building. However, since the MFD is charged with making the fmal maximum occupancy determination upon inspection (depending upon layout, furniture size, etc.), Staff feels this square foot:child ratio is close enough that the maximum number of children should still be approved at 24 kids. The MFD will need to make the fmal determination of allowable children at the time of their occupancy inspection. 5. The Site Plan shows a paved driveway width of 24 feet. However, upon inspection of the site, Staff noticed that the new asphalt was poured at approximately 44 feet in width, extending an additional 20 feet to the east from what is shown on the plan. ACRD typically allows a maximum driveway width of 30 feet where the driveway connects with the existing street. The Applicant must remove any existing asphalt in the front yard that is beyond the 30-foot maximum driveway width (or whatever ACRD allows) prior to issuance of the C.O. CUP-00-058 ABC Club Daycare.CUP Mayor, Council and P&Z January 17, 2001 Page 3 6. A minimum 10-foot wide landscaped buffer area must be provided along Broadway behind the future sidewalk and east of the asphalt driveway. 7. In order to prevent headlight glare into the front yards of properties to the east, Applicant must plant evergreen or woody shrubs or other appropriate form of solid screening along the eastern edge of the new asphalt parking area. The screening must be at least three (3) feet tall at the time of planting and must be in place prior to issuance of the Certificate of Occupancy. 8. An ADA-approved handicap parking sign must be installed in front of the accessible stall in the parking lot. 9. Applicant shall provide a solid screening of the adjacent properties to the north, east and west to protect children from adverse impacts and to provide a visual and sound buffer between properties. The proposed Site Plan states that new fencing will be constructed along the east and west sides of the rear play area. Applicant should clarify the type and height of fencing. Staff inspected the site and confirm that the north boundary fence is in good condition and will serve as an adequate screen. 10. The child care center shall not adversely impact surrounding residential properties due to children's noise, traffic and other activities. 11. Applicant must keep all outside play areas free of noxious weeds. 12. A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation. This C.O. must be signed by representatives of the Fire Department, Building Department and Planning & Zoning Department, at a minimum. 13. Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide copy of license to the City of Meridian at the time of P&Z Department's C.O. inspection. The operator's license shall be on-site for City inspection at all times. 14. Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 15. If the conditional use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals will result in revocation of conditional use permit. 16. Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for a group child care home. The conditional use permit shall be subject to review upon ten (10) days notice to the applicant. CUP-00-058 ABC Club Daycare.CUP Mayor, Council and P&Z January 17, 2001 Page 4 CONDITIONAL USE GENERAL REQUIREMENTS 1. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-13- 4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. 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 11-13-4.C. 5. All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. 6. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 7. All construction shall conform to the requirements of the Americans with Disabilities Act 8. In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. CUP-00-058 ABC Club Daycare.CUP MAYOR .-~. HUB OF TREASURE VALLEY '-` Robert D. Come A Good Place to Live LEGAL DEPARTMENT i CITY C CITY OF MERIDIAN (208) B 2501 OL NCIL MEMBERS PUBL C WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird n'IERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: CUP-00-058 Request: Conditional Use Permit request for a child care center in an R-15 zone for proposed ABC Club Daycare and Preschool By: Janet Torgensen Location of Property or Project: 650 West Broadway Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department ~ Police Department City Attorney City Engineer City Planner Parks Department (Resides Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department DEC 12000 t~f ty of ~'Ieridiar2 C~t~~ f:'ierl~ Offira b0'3Jdd 1vIr~YOR Robert D. Come bbL0b8880Z ,-.. CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless is:sa 00. zz ~3a LEGAL DEPARTMENT (208) 233-2499 ~ Fa.•c 23"0.3501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 • Fax 887.1297 PLANNING AND 20NING DEPARTMENT (2Q8) S84-5533 • Fax 383-6354 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendationswill be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 78, 2000 Hearing Date: January 18, 2001 File No.: CUP-00-058 Request: Conditional Use Permit request for a child care center in an R-15 zone for proposed ABC Club Daycare and Preschool By: Janet Torgensen Location of Property or Project; 650 West Broadway Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor _______ Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department _~ Sewer Department Sanitary Service Building Department HUB OF TREASURB VALLEY A Good Place to Live CITY 4F MERIDIA,N 33 EAST IDAHO MERIDIAN, IDAHO 83G42 1203) 338-4433 • Fax (208) 887-x813 City Cltrk Office Fax (208) 388.42!8 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. __ Central District Health Nampa Meridian In-ig- District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Reside„tSai Applications only) Gen _ 7.6 PPrFP/PFP - :0 A2.27 gEcE~D DEC 2 2 2000 CITY OF 1VIEIIIDIAN 1_AibOd bbLAb>3g>39Z=Q I '~'~ MAYOR ,--. .-r HUB OF TREASURE VALLEY Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY OF M (208) 288 2499 • Fax 288-2501 CITY COUNCIL MEMBERS ERIDIAN Ron Anderson 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: CUP-00-058 Request: Conc"`° - - - for proposed use rermli request for a child care center in an R-15 zone ana Nreschool '~' By: Janet Torgensei Location of Property or Project: ~~ _. ,.: ,` ~ Sally Norton, P2 'z ! ` Bill Nary, P2 ~~'',~ Jerry Centers, P/Z Richard Hatcher, P/Z ""' !~.~` Keith Borup, P2 '~~~ , ~.:I ~~~ ~ ., , Robert Corrie, Mayor Fc~ ~ , ~ Ron Anderson, C/C ~ Fs "` f Tammy deWeerd, C/C ats ~FJ Keith Bird, C/C '"M1~' "'~" Cherie McCandless, C/C _~ Water Department Sewer Department Sanitary Service Building Department '" Fire Department Police Department City Attorney City Engineer "' City Planner i ~, Parks Department ~~ , 4 dr ~ Gen - 26 PP/FP/PFP - 30 AZ • 27 J~ ~ n ~n ~ i r ~ - , F~ ,, , ,, . ~ ; { ~~, ~~; r 650 West Broadway __ Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) __ U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department gEcE~D n ~ ~ z 2 ?_000 CITY ~~~ I~.~,~IAi1I Your Concise Remarks: o ~,~5 MAYOR Roben D. Corrie ,r•~ HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIA LEGAL DEPARTMENT (208) 288-2499 • Fax 288-ZSOI CITY COUNCIL MEMBERS N PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: CUP-00-058 Request: Conditional Use Permit request for a child care center in an R-15 zone for proposed ABC Club Daycare and Preschool By: Janet Torgensen Location of Property or Project: 650 West Broadway Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: ~ - ! "~( ~.~ 7~0 ~tez ~~ C7/ i~.S^ City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 R,EcErvED .l ~ N _ ~ 2001 ~i ~~ ~~ ~t~~ra~>~~. x~ JAM - 5 X001 ('1i(OF N~AI~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 January 3, 2001 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: CUP 00-058 Conditional Use Permit request for child care center in an R-15 zone for proposed ABC Club Daycare and Preschool Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above-mentioned application. Sincerely, /3~~~•-~ 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 Sent Hy: ; 20H HHH 6H54; Jan-19-01 1:15PM; Page 1/5 .-., ~-., 200 E. Carlton ~3utte 201 eridian, ID 63642 ~ • ~ i ~11: (208) 684-5533 px: (208) 88~-1297 • ~ ~ ~ SAN 151001 ~~ h ~zt3yCler7kr(,Ai f ~~ JAN 19 '01 Zbe Shelby U. -Clerk's Of~ioe From: Brad Hawkins-Clark ~axs 888-218 pages; 5 ~O~ Date: 01/19/01 ko- ABC Daycare 8 Preschool -ACHD Rpt. CC: ~] Urgent O For Itevlew ^ Please Comment ^ PloeBe Reply ^ Pls~e Recycle food morning Shelby -nice job last night. t think I received the only Dopy of the ACHD report on the Torgensen's day care application last night. this is the one where the Commission almost decided to continua but th®n Janet Torgensen provided copy of the ACHD report Anyway, I'm sending this to you for your file and for inclusion in the City trouncll packets for the 2-20 meeting. Mave a good weekend, brad 13 29 208 888 6854 PAr,F ~~ Sent Hy: ; r Wrrut ~,~I ~' F °~+ Q January y, 2UU1 Janet Toirgensen 3535 West Angelica Drive Meridian, Idaho 83642 lZe: ~'taff Level Approval I~1CUP-00-058 208 HHH 6H54; J2n-19-01 --. 650 Wesl Broadway Avenue 1:16PM; Page 2/5 Child care center Facts end Findings: A. T',he Ada County Highway District (ACRD) staff has received the above referenced application rr~questing conditional uce approval to construct a 24 children, child care center. The 1.97-acre site is located on the north side of West Broadway Avenue and east of W. 7`h Street. This development is estimated to generate l 12 additional vehicle trips per day (!0 existing) based on tl~e Institute of Transportation Engineers Trip Generation Manual. B. C n application and site plan stamped and received by the City of Meridian on December l 5, ), and submitted to t`he District on December 20, 2000, has been reviewed by the ACHD Wing and Development staff and conforms to applicable District standards/policy, or can be to conform with the change{s) to the plan described in the requirements stated below. its is a staff level approval and will not be heard by the ACRD Commission unless the site plsn changed in such a maruier as to not confonln with District standardsipolicy or an appeal of the arming and Development staff decision is submitted as described within the Standard :quirements outlined below. 1ecember 28, 2000 and January 8, 2001, the District Planning and Development staff >ectcd this site and evaluated the transportation system in the vicinity. On January 2, 2001, staff met as the District's Technical Review Committee and reviewed the impacts of this posed development on the District's transportation system. The results of that analysis stitute the following Facts and Findings and recommended Site Specific Requirements. is curh, gutter, and sidewalk adjacent to the west of the site. JAN 19 '01 13 29 209 ARA FRSd Page 1 MCUP-O0-O.SR oor_~ ra-, Sent By: ; 208 BBH 6854; Jan-19-01 1:16PM; Page 3/5 • ..--, ~ ;~ B. V~ork (an asphalt driveway) abutting U,e site was performed without obtaining apermit to work v~tithin the right-of--way , The asphalt driveway was not constructed to the District's standards. There niay have been existing curb and gutter abutting a portion of the site, but the asphalt driveway was constructed over these improvements. k. ~;he District required a neighboring duplex to construct curb, gutter, and a 5-ft sidewalk abutting t}~eir site (Gl 0 & 612 W. Broadway Avenue). ~ T6e following reyuirernents ate provided as condltlons for approval: Site Specific Requirements: 1. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on West Broadwa Y ~'v~;nuc abutting the entiro parcel. 2. i,)tility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-6258 (with file number) for details. Standard Requirements: '~ l . This decision of the Planning and Development Supervisor may be arpealed to the Ada County I3ighway District. Comrrtission by the applicant or by another party within 15 calendar days from tf3e~dgte ttfi`this report. ~'he request shall specifically i:dentifY each requrern~rft"t~'°be?'"~ ' r~considcrcd Ind includ~a_written e~lanation of why such a reauirement wc~ulcl rnsrylt ;,, a sudstanuat hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the C'ornmission meeting. ~a 2. Ayer ACRD Commission action, any request for reconsideration of the Commission's action ~' shall be made in writing to the Planning and ,1evelopment Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and ineiude written documentation of data that was not availabic to the Commission at the time of it's original decision The request far reconsideration will be heard by the District Commission at the next regular meeting of the Commission. if the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission n,eetinK al which the reconsideration will be heard. 3. P~ymcnt of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. A~1 dcs,an and constnicti.on shall be in accordance with the Ada County Tiighway District Policy Manual, 1SPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD OrdinNnccs unless specilically waived herein. t1n engineer registered in the Slate of Idaho shall prepare and certify alJ improvement plans. .Page 2 Mt'UF'-UU-OSfS JAN 19 '01 13 30 208 888 6854 PAGE.03 Sent Hy: ; 208 HHH 6854; Jan-19-01 1:16PM; .-~ Page 4/5 5. T'~he applicant shall submit revised plans for sta(1-approval, prior to issuance ofbuilding petriit -~i° (~Dr other required permits), which incorporates any required design changes. 6. ~onstntction, use and property development shall he in conformance with all applicable requirements of the Ada: County Highway District prior to District approval for occupancy. r 7. ~V.ny change by the applicant in the planned use of the property which is the subject c-f this a~plicatiun, shall require the applicant to comply with all rules, regulations, ordinances, plans, or ,~,lr o~her regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the panned use of the subject p~operty unless a waivr;rlvariance of said requiremments or other legal relief is anted ursuant to ~'' p t}~e law in effect at the time the change in use is sought. 8. I~o change in the terms and conditions of this approval shall be valid unless they arc in writing aid signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinmatiun of any change f"t'otil the Ada County Highway District. ~" Conclu~iion of Law: l . /kGHD requirements are intended to assure that the proposed use/development will not place an undue burden azz ttie exiting vehicular and pedestrian tra»sportarion systeti~-w;it~ain.the: vicirYit~+ impacted by the proposed development. Should you have any questions nr commertts, please contact the ACHD Planning and Development staff at 387-6)€7U. Sincerer, '' Larry Sa)~e planningand Development Supervisor cc: Ptoject file Lind agency .~+o+~am,, i~d JAN 19 '01 13 30 Page ;3 MCUI'-QO-OSg 2L~R RRR Rs~~a onr_~ ra ~ Sent By: ; b. O w O O Q O t0 4 O ~. 0 ~. 20H HHH 6H54; ~ ~~n~ ~P J2n-19-01 1:17PM; ~~ P2ge 5l5 rn~ C~ n~ z ~" -x ~~ ~~ va 0 n 0 g ~~ to j JAN 19 '01 13 30 ?1~~~~ ~~~ -~ _ 1 !~ n 208 888 6854 ParF A~ Sent By: ; 208 888 6854; Jan-19-01 11:58AM; Rage 1 .~. .-. R00 E. Carlton Suite 291 Meridian, ID 83642 IPh: (2~) 884-6533 Fx: (208) 887.1297 TQ: Shelby U. -Clerk's Office From: Brad Hawlans-Clark 888-1t218 1*a~9; 5 ~~'° ~: 01!19/01 ~: ABC Daycare & Preschool-ACRD Rpt, CC: ~] tl~mnt D For Rw-I~w ^ please Comm®nt D Please Reply D Ploase Rocydp Good morning Shelby -nice job last night. Ithink I received the only copy of the ACRD report on the Torgensen's day care application last night. ~'hls is the one where the Commission almost deckled to continue but then Janet Torgensen provided copy of the ACRD report. Anyway, I'm sending this to you for your file and for inclusion in the City Council packets for the 2-20 meeting. Have a good weekend, Brad JAN 19 '01 12=12 208 888 6854 PAGE. 01 Sent By: ; 208 888 6854; Jan-19-01 11:58AM; ~"~ ~ ,- i .~ i~+ E-- w A ~'' ~ir Page 2 January ~, ZOU 1 Janet Ta~•gcnscn 3535 West Angelica Drive Meridian, Idaho 83h42 Re: Staff Level Approval MCUP-OU-058 65U West Broadway Avenue Child care center Facts acid Findings: A. The Ada County Highwray District (ACHU) staff has received the above referenced application r~:questing conditional use approval to construct a 24 children, child care center. The 1.97-acre site is located on the north side of West Broadway Avenue and east of W. 7`" Street. 'This development is estimated to generate 112 additional vehicle trips per day ('[ 0 existing) based on ~e Insitutc of Transportation Engineers Trip Generatson Manual The application and site plan stamped and received by the City of Meridian on December 15, 2000, and submitted to the District nn December 20, 2000, has heen reviewed by the ACRD Punning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements slated below. B. This is a staff level approval and will not he heard by the ACRD Commission unless the site plan is~ changed in such a manner as to not conform with District standards/policy or an appeal of the Pjannirtg and Development staff decision is submitted as described. within the Standard R~quirrments outlined tyelow. C. 03n December 28, 2000 at~d January 8, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On January 2, 2001, t}~ staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis cgnstittite the following Facts and Findings and recommended Site Specific Requirements. D. 7`here is curb, gutter, and sidewalk adjacent to the west of the site. Pale I N1C'lIP-UU-US~s JAN 19 '01 12 12 208 888 6854 PAGE.02 Sent By: ; ."1 208 8B8 6854; Jan-19-01 11:59AM; Page 3%5 .-•. E. Work (au asphalt driveway) abutting the site was perronncd without obtaining a permit to work ~,irhin the right-of--way , ThE asphalt driveway was not constructed to the District's standards. "` 'T7~ere may have been existing curb and gutter abutting a portion of the site, but the asphalt ~'` driveway was constructed over these improvements. r. Tate District rccluirc;d a neighboring duplex lu construct curb, gutter, acid a 5-ft sidewalk abutting tl~eir site ((ilU & 612 W. Broadway Avenue). ~. TLe following requirements :ire provided as condilio~ts for xpprovat: ,~,~'~ Site Specific Requirements: 1. Gonstnict curb, Butter, 5-fool wide concrete sidewalk and match. paving on West Broadway Avenue abutting the entire parcel. 1 TR'1'. ~ t .t !~ 11 i I1 1 1 .--.-J .._ __.... t.-.- II ~ ~"`~, '"~ II 1 :~~ -~~~~ :. INTER-OFFICE MEMO Right-of--Way c& Development Department Planning & Developme~~t Divisio~t Ada County Highway District RECEIVED To: ACRD Commissioners FEB - 5 2001 From Christy Richardson ~~ CITY OF MERIDIAN Meeting Date: February 7, 2001 12:00 pm Subject: MCUP00-058/Child Care Center for up to 24 children 650 Broadway Avenue, Meridian In January, staff reviewed a conditional use permit to convert an existing single family dwelling into a child care center. Based on the usage, this site is estimated to generate 112 additional vehicle trips per day (10 existing). The lot has 70- feet of unimproved frontage on Broadway Avenue. The applicant is appealing Site Specific Requirement No. 1 to construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Broadway Avenue abutting the entire site. Prior to ACRD reviewing this conditional use permit, the applicant hired a contractor to pave the existing driveway and provide for City Ordinance required on-site parking. The contractor paved the driveway approximately 40-feet wide and out into Broadway Avenue. Generally, ACHD does not approve 40-foot wide driveways in residential areas. This work was performed in the right-of-way without a permit, to our knowledge. Immediately to the west of this site there is curb, gutter and sidewalk. The applicant states that there was no curb and gutter abutting their site when the driveway was paved with asphalt into the street. District policy requires the construction of curb, gutter and sidewalk on local streets when the additional vehicle trips per day is greater than ten. On September 1, 1999, ACRD staff reviewed a triplex application located a few lots down from this applicant at 600 Broadway Avenue. That applicant was also required to construct curb, gutter and 5-foot wide concrete sidewalk abutting their site. Those improvements have been constructed. The applicant is appealing Site Specific Requirement #1 based on financial hardship and has provided the Commission with two bids. Because the asphalt parking lot has already been constructed, the applicant would have to tear out portions of that improvement to install curb, gutter and sidewalk. Staff had originally made a recommendation that it may be possible to not construct sidewalk abutting the driveway portion of the site, but has since learned that sidewalk should be constructed abutting the entire site. The asphalt driveway that would be used for pedestrians in lieu of sidewalk is located within ACRD right-of-way and would have to be maintained by ACRD. Asphalt pathways do not have the longevity of concrete sidewalks and this maintenance would become ACHD's responsibility. Asphalt in lieu of concrete sidewalk is not in conformance with ACRD policy. Staff recommends that the applicant be required to construct curb, gutter and 5-foot wide concrete sidewalk abutting the entire site. This recommendation is consistent with previous ACHD requirements with other development on Broadway Avenue. The applicant's letter of appeal, bids, and staff level report are attached. ficsimile hawnnittal Tp: Andrea Fact. 387-6393 From= Dahl Totgensen Gabe: 01/26/01 ~: ACI~A Appeal Letter E'a9es: 2 including cover page ~: Christy L7 tAgetk O For Review ~ Please Corntwnt ^ Wease Reply ^ Please Flacyals Andrea and Chlfsty. I appreciate Your assistance with this matter and want you to know that it is refreshing to work with people that are pto~fessbnal, #tiendly and courteous, Nopefl~ily the commissbners will be open b~ a compromise. Have a wonderRtl weekend. IgEGEIVED ,~AI~ Z 6 2001 ,~CH'~ 13i.~`~~~V SVGS ............................ w ti ~T 39tid :Xti~ :QI 9T:VT T0~ 9Z~T0 986'~N 3~I~ ~~ 66DW. r M~41d83t342 January 28, 2001 ACRD Commissiaiers 318 37"'St Garden City, Id 83y1A Dear Cammissiat®rs: We have reoendy applied for a Conditional Use Permit with Meridian City. As part of that process. as you ats swans, we partk~pated in a Tech Review with Ada County Highway tJistrict I would irks to compliment them on their cour6esy and prrfesslorralisrrr. Because of the fiinarxiei hardship one of the conditions of this review presents for us we have decided to appeal that conditipn. We ar+e scheduied to meet with you at the Feb. 7't', noon meeting. the purpose of this letter is io address sane of our oottcems sa that you have a dear urrderstar~ding of our issues. gY ddng this we hope to save you time in the decision making p-ocxes. As you are awarre, opening a business is not ~ inexpensive endeavor. Althargh we have done ttte very hest we can to antidpate ail d the costs, at no time over the last 2 3~4 months did anyone ~ Meridian City itx~icatte bat curb, gutter and sidewalk were going to be an issue. 'i'lls tech review was the first tithe we were made aware of bis requirement_ the reason I share this with you 1s not to place blame twt to give you some sense of ax dilemma. In order to comply wkh the parking requtremeMs for a business we put in a substantial amount of asphalt. to order b meet this condition much of that wtil need to be removed. I have attached 2 bids indfeating the cats irndved with it~staning curb, gutter and sidew~adc_ One includes the removal of the asphalt and patd>fng it baclt in, one does not. As you cain see, we are looking at 52000 -52500 for this project. We would ask that strong consideration be given b granting us a variarioe to the requirement of tom, gutter' and sktewaik and atiow us to have the asphalt company cut the asphalt bade b where k is even with the existing curb and gutter acrd have them assure there is prt~per drainage. kf bat is trot possible we would ask that the compromise agreed upon between ourselves and the members of the Tedr review panel be honored. That compromise required that we instaq curb and gutter the entire ierrgth of the property and sidewwalk from the edge of be ~dsting asphalt b the property Cne on the eastern edge d the property. ~ha~, ~~ti' Dahl tor~ertsen Co-owner, A8C Club Deycar+e b 2 39tld :xti~ :QI 9i:tri T0, 9Z~T0 986'oN 3~I~ ~ 4 ~ ~ < w ~ C~~ ZO 3W I 1 X~i 680 i ~9E80Z = NO I .lti~0~ .-.. ~~vrrY ca~rs~ra~u~~ra~, rec. P.O. Box 276 EA~.1'1,ETT, IbAHO 83617 PHONE (208) 365-1020 •~ FAX (208) 365-1089 January 22, 2001 Jsnet Tor$ensen 6so w, gro~,~,ay Meridian, ID. 83642 A'I"I'N: Janet Rte' .r~praz 70' curb, g~ctl~r dr sid~tnalk Subje+rt: I'~rapoaal For Cortcr~tc Wor1~ Dear Janet, The following is Tribity Consd'uCtioct, Inc. (TCn proposal for the above ~naentidned project. Approx. yo ~. 6°° rotted curb @ $ls,oo L.F. Sl,nso.oo (per ISYwc) App ax. 70 ft, of 4 ft. x 5 sidewalk (cry S 3.25 sq. fY_ $ 910, 00 (per ISPVVG~ Approx. 23.3 3 sq, yard of asphalt patch Q $ 24. oo sq. Yazd ~ 560.00 Total Aia $ z,s2o.00 ~. i . ConcrFte complete its place as per ISpwC. specii;acations which is AC1;ID requirements. 2. Suing or traffic control. ~8~; 1, Cold weather aoaarete protection. 2. ACH,D permit Fee's. 3. ILemoval of asphalt. i - work ~ be performed in favorable weather Match or April. zB 3Jdd b ~£ 39tid NOI1~fRl1S~p ,WINI2ld xd~ 680I99E86z bT ~9t T9l~i./r.7/ra ~QI 9T:b1 I0~ 9Z~I0 986'~N 3~I~ ~~ ~ P MIRY Inc. ~ .~• Y' BiD PROPOSAL PHONE N0. 208 363 0449 .-~ Jan. 26 2001 07:10W~1 P2 Subm'rtteci to: Q~ t ,~,~~ ~ry!'r+.s~1 ~~ l '~dtJ - 766 1'l33 .~_ W. ~I'e~.aaa., ~~~ the foliowirtg arsd attached, ~ applicable, proposal is made as an offer, said offer maybe aoaapted at zany time prior to a - ~6 - 20 a~ and is sub act to t~= ~Ilov~rl terms at~d cv . Spe~ifiCa#ions: drrMC.~ e~ ~v ~ dFF /~~~ ~/+~ r ~ ~,:n~~ ,r _~a llro~ Gib ~ ~, 71J ~.,:, ~ ~ ~ 7~^W r /.~'©. c~ Proposal is made td famish the specNied erotic to the sum of >s~`l,_,~, =° lndudir~ tabor and ~ payabl® • ifows. • a ~o~ e~ ,~ /Q ~ a~ ~~. ~~ , n Payment in full is due upon C'OmplBtiOn df spaclfied ww~lc unless prior v+rtfttert provlsiotts have been made and sighed by each party hereto. Aq profits subject to 4~/o dciwn payma7t prior tD ~rting date. Finance chars of 1.5 9o net 30 days added to past due balance utt~ payment is received in full. No Waiver of Claims or liens excep# upon full payment. o Proposal is made and based upon plans and spacificatlons submlited an / /~20D/ . n Aq change orders shat! be in wNting, signed ay each party hereto and shall include ~exbra charges for material and labor. a Delays and urtknc~wns beyond our cxmtrvl era accepted from this agneem nt. a Enf~prcernent of provisions hereof shelf include damages and reasons t+e~, all Masonry !nc„ the above and foregang is arxepted upon the terms and cnndlti+~s het+ein above spepf',ad and payment therefor to be paid as agreed. Dated / - ~ - 0/ ACCEPtk`D: _~..~.. Dated ;_____,~_ t_ocarl~:zo8 ~ oQag Rx rirr~ o~.2s °oi ii :2i b ~tr 3~d :Xd.~ :QI 9T:trT T0~ 9~T0 986'~N 3~I3 r' i.. Y ~.. January 9, 2001 Janet Torgensen 3535 West Angelica Drive Meridian, Idaho 83642 Re: Staff Level Approval MCUP-00-058 650 West Broadway Avenue Child care center Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting conditional use approval to construct a 24 children, child care center. The 1.97-acre site is located on the north side of West Broadway Avenue and east of W. 7"' Street. This development is estimated to generate 112 additional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation Manual. The application and site plan stamped and received by the City of Meridian on December 15, 2000, and submitted to the District on December 20, 2000, has been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. B. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. C. On December 28, 2000 and January 8, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On January 2, 2001, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. D. There is curb, gutter, and sidewalk adjacent to the west of the site. Page 1 MCUP-00-058 ,^~ ~ E. Work (an asphalt driveway) abutting the site was performed without obtaining a permit to work ~~" within the right-of--way . The asphalt driveway was not constructed to the District's standards. ..~ There may have been existing curb and gutter abutting a portion of the site, but the asphalt driveway was conshlicted over these improvements. F. The District required a neighboring duplex to construct curb, gutter, and a 5-ft sidewalk abutting their site (610 & 612 W. Broadway Avenue). The following requirements are provided as conditions for approval: Site Specific Requirements: Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on West Broadway Avenue abutting the entire parcel. 2. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-6258 (with file number) for details. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Page 2 MCUP-00-058 r ~ `~ 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit ~:; (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Sincerely, Larry Sale Planning and Development Supervisor cc: Project file Lead agency Chron Page 3 MCUP-00-058 W z 3 ~ Q 0 Q m ~a Q ~~ co ~ z~ W Z ~ V Z - W ~ H H W Z a ... a~ m 0 0 u~ 0 0 N 0 0 vs 0 0 m 0 0 M O a ,O O M •• m N _~ , ~ ~~ ' r ' Z I I I o x SITE PLAN A DAYCARE FOR: ~wR: JANET TORGENSEN '~'~ 650 W, BROApWAY, MERIpIAN, IDAHO .-, .-. ** TX CONFIR~,..,ION REPORT ** AS OF FEB 06 'dl 16 01 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 07 02/06 15 51 PUBLIC WORKS OF--S 02'28" 010 169 OK 08 02/06 15 54 LEGAL DEPARTMENT EC--S 03'41" 010 169 OK 09 02/06 15 58 208 888 6854 EC--S 02'47" 010 169 OK i =:;-~ ~~ Ada County highway District ~. INTER-OFFICE MEMO Right-of--Way & Developrrrerrt Deparrrnerrt Plmrning & Developn~errr Division To: ACHD Commissioners From: Christy Richardson ~i ~EGEIVED FHB - 5 2001 Meeting Date: February 7, 2001 12:00 pm CITY OF MERIDFAN Subject; MCUP00-058/Child Care Center for up to 24 children 650 Broadway Avenue, Meridian fn January, staff reviewed a conditional use permit to convert an existing single family dwelling into a child care center. Based on the usage, this site is estimated to generate 112 additional vehicle trips per day (10 existing). The lot has 70- feet of unimproved frontage on Broadway Avenue. The applicant is appealing Site Specific Requirement No. 1 to construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Broadway Avenue abutting the entire site. Prior to ACRD reviewing this conditional use permit, the app-icant hired a contractor to pave the existing driveway and provide for City Ordinance required on-site parking. The contractor paved the driveway approximately 40-feet wide and out into Broadway Avenue. Generally, ACHD does not approve 40-foot wide driveways in residential areas. This work was performed in the right-ot-way without a permit, to our knowledge. Immediately to the west of this site there is curb, gutter and sidewalk. The applicant states that there was no curb and gutter abutting their site when the driveway was paved with asphalt into the street. District policy requires the construction of curb, gutter and sidewalk on local streets when the additional vehicle trips per day is greater than ten. On September 1, 1999, ACRD staff reviewed a triplex application located a few lots down from this applicant at 600 Broadway Avenue. That applicant was also required to construct curb, gutter and 5-foot wide concrete sidewalk abutting their site. Those improvements have been constructed. The applicant is appealing Site Specific Requirement #1 based on financial hardship and has provided the Commission with two bids. Because the asphalt parking lot has already been constructed, the applicant would have to tear out portions of that improvement to install curb, gutter and sidewalk. Staff had originally made a recommendation that it may be possible to not construct sidewalk abutting the driveway portion of the site, but has since learned that sidewalk should be constructed abutting the entire site. The asphalt driveway that would be used for pedestrians in lieu of sidewalk is located within ACHD right-of-way and would have to be maintained by ACHD. Asphalt pathways do not have the longevity of concrete sidewalks and this maintQnance would become ACHD's responsibility. Asphalt in lieu of concrete sidewalk is not in conformance with ACRD policy. Staff recommends that the applicant be required to construct curb, gutter and 5-foot wide concrete sidewalk abutting the entire site. This recommendation is consistent with previous ACRD requirements with other development on Broadway Avenue. The applicant's letter of appeal, bids, and staff level report are attached. .^~~ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR CHILD CARE CENTER IN AN R-15 ZONE FOR UP TO 24 Case No. CUP-00-058 RECOMMENDATION TO CITY COUNCIL CHILDREN JANET TORGENSEN Applicant 1. The property is located at 650 W. Broadway, Meridian, Idaho. 2. The owners of record of the subject property are Dahl T. and Janet L. Torgensen of Meridian. 3. Applicant is owner of record. 4. The subject property is currently zoned R-15. The zoning district of R-15 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The proposed application requests a conditional use permit for a child care center in an R-15 zone for up to 24 children. The R-15 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -CHILDCARE CENTER -JANET TORGENSEN 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 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 as requested by the applicant, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Sanitary sewer and water to this facility would be via existing service lines. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian. 1.2 The Planning and Zoning Commission recommend that the parking be limited to 2 staff and 4 "visitor" parking slots. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. ofthe City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 The MFD will need to make the final determination of allowable children at the time of their occupancy inspection. 1.4 The Applicant must remove any existing asphalt in the front yard that is beyond the 30-foot maximum driveway width (or whatever ACRD allows) prior to issuance of the C.O. 1.5 A minimum 10-foot wide landscaped buffer area must be provided along Broadway behind the future sidewalk and east of the asphalt driveway. 1.6 In order to prevent headlight glare into the front yards of properties to the east, Applicant must plant evergreen or woody shrubs or other appropriate form of solid screening along the eastern edge of the new asphalt parking area. The screening must be at least three (3) feet tall at the time of planting and must be in place prior to issuance of the Certificate of Occupancy. 1.6 An ADA-approved handicap parking sign must be installed in front of the accessible stall in the parking lot. RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -CHILDCARE CENTER -JANET TORGENSEN 1.7 Applicant shall provide a solid screening of the adjacent properties to the north, east and west to protect children from adverse impacts and to provide a visual and sound buffer between properties. Applicant shall clarify the type and height of fencing proposed along the east and west sides of the rear play area with Staff. 1.8 The child care center shall not adversely impact surrounding residential properties due to children's noise, traffic and other activities. 1.9 Applicant must keep all outside play areas free of noxious weeds. 1.10 A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation signed by representatives of the Fire Department, Building Department and Planning & Zoning Department. 1.11 Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. a copy of which shall be provided to the City of Meridian at the time of P&Z Department's C.O. inspection and which shall be on-site for City inspection at all times. 1.12 Applicant shiall ensure that immunization of all children is verified prior to acceptance into program. 1.13 Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals will result in revocation of conditional use permit. 1.14 Applicant shall comply with any other ACRD requirements now pending. 1.15 A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.16 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 11-13-4.C. 1.17 All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -CHILDCARE CENTER -JANET TORGENSEN Department prior to applying for building permits. 1.18 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 1.19 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.20 In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. ey/Z:1Work\M\Meridian\Meridian 15360M\Recommendations\CUP058ABCDaycare.wpd RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT -CHILDCARE CENTER -JANET TORGENSEN -~ ~a CHD Ada Count Hi hwa ' y g y District ~..u, ..,u~~,-~~~~, ~ iwiucin 318 East 37th Street Dave Bivens, 1st Vice President Garden City ID 83714-6499 Sherry R. Huber, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 David E. Wynkoop, Commissioner E-mail: tellus@ACHD.ada.id.us RECEIVED February 7, 2001 Dahl and Janet Torgensen 3535 W. Angelica Drive Meridian, ID 83642 Re: Staff Level Approval MCUP-00-058 Facts and Findings: 650 Broadway Avenue FEB 2 6 2001 CITY OF MERIDIAN Convert home to daycare A. The Ada County Highway District (ACRD) staff has received the above referenced application requesting conditional use approval to convert a single family dwelling to a child care center for up to 24 students. The 1.97-acre site is located on the north side of Broadway Avenue approximately, east of 7th Street. This development is estimated to generate 112 additional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped and received by the City of Meridian on December 15, 2001, and submitted to the District on December 20, 2001, has been reviewed by the ACRD Planning and Development staff and conforms to applicable District standards/policy; or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACRD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. C. On December 28, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On January 5, 2001; the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. Page 1 MCUP00-0058.s1a D. On September 1, 1999, ACRD staff reviewed a conditional use permit for a triplex unit located at 600 Broadway Avenue. That applicant was required to construct curb, gutter and sidewalk abutting the site. Those improvements have been constructed. E. Prior to ACHD approval, the applicant improved the driveway to the site with asphalt. The asphalt extends into ACRD right-of-way and no permit was obtained prior to the contractor doing the work within the right-of-way. Staff recommended the construction of curb, gutter and sidewalk abutting the site. To make those improvements the applicant would be required to remove a portion of the asphalt driveway. The applicant appealed a portion of the requirement to the Commission on February 7, 2001. The applicant was requesting that concrete sidewalk be eliminated from the 40-foot wide driveway section. The Commission heard testimony from both the applicant and staff. The applicant anticipated approximately $650 of additional expense as a result of installing sidewalk abutting the entire site. Staff recommended the improvement of sidewalk because asphalt requires additional maintenance and does not have the longevity of concrete sidewalk. The Commission denied the applicant's appeal and required the construction of curb, gutter and concrete sidewalk abutting the entire site. The Commission also encouraged the applicant to contact the contractor who provided the work without a permit in the right-of-way to request reimbursement for removal of the asphalt. The following requirements are provided as conditions for approval: Site Specific Requirements: Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Broadway Avenue abutting the entire parcel. 2. The existing driveway width and location is approved with this application. 3. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Sincerely, C~ ~i~~~° -att~ Christy Richardson Principal Development Analyst cc: Project file City of Meridian Chron ~.) `~ ~, ~i ~~ ~~ D D r~l o ~ ~ SITE PLAN A DAYCARE FOR: a„R: JANET TORGENSEN a ~ _ 650 W. BROADWAY, MERIpIAN, IDAHO w. _o 0 ~o w O O '77 ~D ~D w 0 0 0 0 0 0 N O O ~`i -~ LIB n z m -~ O <Z n cn z r" -z ~' O TW /~+ D v z O r~ 'Si ~~ r .. .. RECEIVED FEB 1 3 2001 CITY OF MERIDIAN CITY CLERK OFFICE ~~C~~ED FEB 1 2 2001 PI,~'~~T~ ~ 7C~ ~~T-A^~'~ The property located at 650 W. Broadway was posted on ~ I I ~ ~I indicating a Conditional Use Permit has been applied for. ~~ _ _ ~ anet L. Torgensen ~~ ~` ~~ ~1~~ ~ Notary /`ti, State of Idaho County of Ada On L~ ~ ,20~, ~! " personally appeared b fore me, -who is personally known to me ~± whose identity I proved on the basis of .~~ C~.S~nS.S~: -whose identity I proved on the oath/affirmation of: a credible witness, to be the signer of the above document, and he/she acknowledged that he/she signed it. b.P~L~f t~v, a ~ ~ oaf r~ ~ ~~ "~ Q4 y Q .e~ ~s jd ~ ~ Fi µT ` ~a °~ Notary Public ; ~° ~ ~ E ;~, m ~ ~ ~O '. i1 e u b Residing in Kuna, Idaho. ~ ~ ® '~"'"`~~ ~ #'~ My commission expires on October 2, 2003. 04 ~Ur ~ , y~' ~ , ~, ~~,~,~~ tY ~, A,, ~',`~0~ !~~,~ ~ *g ~, 5 SY ~ 1 ~y~ i ~ d ~s~'ae~r* ~c a Le °~°~~ ""This Notary Certificate is prepared on a separate page and is attached to the document enfitled containing pages, and is attached to the document by means of Theldaho Statesman "7~ic~ ~•ar -~. 1 ., P.O. Box 40, Boise, Idaho 83707-0040 ~' ~ `~~' J~' LEGAL ADVERTISING PROOF OF PUBLICATION Account # DTI# Identification Amount: 064514 380190 NOTICE OF HEARING $86.52 Ordered by: P.O. # Rate Run Dates NT DEC. 29, 2000, JAN. 12, 2001 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. 5 g MERIDIAN, ID 83642 Affidavit Legal # 1 9185 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO consecutive weekly single consecutive daily ~X odd skip insertion(s) beginning with the issue of: DECEMBER 2 9 , 2000 and ending with the issue of: JANUARY 1 2 2001 STATE OF IDAHO " ) )SS COUNTY OF ADA On this 1 2 day of JANUARY in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. ~~'~Q-.. Notary Public for Id o Residing at: Boise, Idaho W~•Od~rb„s~iEin.~cpires: ~ ~ e~~ L. J3 KIC '~i :' q .•' ~•• '2r ': O ; ~pTAlt J, :~~ s tv~. • ~.~ • ,*~ G •*: ~. ~°UBLt J, '•. .•'~ O .• '.~?9 ••.....•• P.~.,~~. TF ,p ~. ''.,~~~II,O F,~~~~~.. ... Certified Mailing Returns Project Name File No(s) Date of Hearing Name Address Reason for Return ~ '~ UI ~ J~ `l-fly ,~~~1~. d~' 4 rlr . ~' ~ ~ elf .+~. NOTICE OF HEARING /`r 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 January 18, 2001, for the purpose of reviewing and considering the application of Janet Torgensen for a Conditional Use Permit for a child care center for 24 children in an R-15 zone for proposed ABC Club Daycare and Preschool located at 650 West Broadway. A more particular 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 18t"day of December, 2000 WILLIAM G. BERG ~R., ITY LERK ,1\\\1}41 ~t (77jjd~jj 1 ~_ t PUBLISH December 29t", 2000 and January 12~', 2001_ TTe~ - w _ Aq ~~ f y ~~~~ ~ \`~a .-~., ~,, 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 January 18, 2001, for the purpose of reviewing and considering the applications of: The Land Group, Inc., for Preliminary Plat approval of 5 building lots on 6.95 acres in an L-O zone for the proposed Mallane Commercial Complex generally located at the northwest corner of Fairview Avenue and North Hickory Way; BRS Architects for rezone of 8.88 acres from R-4 to L-O for St. Alphonsus Regional Medical Center Ambulatory Care Center; furthermore, the applicant also requests a Conditional Use Permit for a Planned Development in a proposed L-O zone for proposed St. Alphonsus Regional Medical Center generally located on the southeast corner of Cherry Lane and Ten Mile Road; Treasure Valley Engineers, Inc., for a Conditional Use Permit to construct a new office /warehouse building in a floodplain for Big D Builders generally located at King Street and Baltic Place; Leavitt and Associates Engineering for annexation and zoning of 8.15 acres from RT to R-4 for proposed Staten Park Subdivision; furthermore the applicant also requests Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision generally located east of Black Cat Road and south of Ustick Road; Janet Torgensen for a Conditional Use Permit for a child care center for 24 children in an R-15 zone for proposed ABC Club Daycare and Preschool located at 650 West Broadway; Hubble Engineering for annexation and zoning of 5.4 acres from RT to R-8 for a proposed Planned Unit Development for proposed Kodiak Development generally located west of Meridian Road one-half mile south of Overland Road; PUBLISH December 29"', 2000 and January 12t", 2001 --' Ate' Club Daycare Preschool city of Meridian City clerks orrice 33 East Idaho Meridian, ID 8364 2 Pipco LLC 4781 Goodall St. Boise Id 83714 Loren & Rosilyn Rater 7359 Cascade Dr. Boise Id 83704 Mary & Deborah Sien~t 582 W. Idaho Ave. Meridian Id 83642 gi-~ Ross 4281 W. Plumrose Dr. Meridian Id 83642 Grand Slam LLC 2897 Swallowtail Boise Id 83706 garence & Laura Conner 3517 S. Ashbury Way Boise Id 83706 Scott &April Baird 730 W. 7th Meridian Id 83642 Eric & Nelda Murrell 7224 Colt Dr. Boise Id 83709 Kellie & Bradley Waring PO Box 16686 Boise Id 83715 Jacqueline Updike 2208 SE 5th Way Meridian Id 83642 )ohn & Bonnie Freeberg PO Box 542 Nampa Id 83653 Church of Jesus Christ LDS 50 E. North Temple ST FI 22 SLG Ut 84150 Jce & Lela Slansky 644 W. Broadway Ave. Meridian Id 83642 Alan & Deann Pack 636 W. Broadway Ave. Meridian Id 83642 Vida Jarrett 624 W. Broadway Meridian Id 83642 US Bureau of Reclamation 550 W. Fort St. Boise Id 83724 Idaho Congregation of )W 3733 S. McGuire PI. Meridian Id 83642 Allan & Joyce Chandler 685 W. Broadway Ave. Meridian Id 83642 Douglas & Sonja Hadley 11204 W. Bluecanyon Court Boise Id 83713 Tracy & Wendy Leighton 631 W. Broadway Ave. Meridian Id 83642 Gary & Peggy Timson 621 W. Broadway Ave. Meridian Id 83642 Gordon & Mary Jane Heath 9700 N. Cartwright Rd. Boise Id 83703