Loading...
Gorton, Tara L. CUP 00-026'~"~ CITY CLERK FILE CHECKLIST File N o. CUP 00-026 Project Name: Tara L. Gorton Date Received from Planning and Zoning Department: Planning and Zoning Level: ^ Transmittals to agencies and others: ^ Notice to newspaper with publish dates: Hearing Date: and ^ Certifieds to property owners: ^ Planning and Zoning Commission Recommendation: ^ Approve ^ Deny Notes: City Council Level: Hearing Date:. n/a 2-Jun-00 June 20, 2000 Q Transmittals to agencies and others: 0 Notice to newspaper with publish dates: Q Certifieds to property owners: ^'~ City Council Action: ^ Approve ^ Findings /Conclusions /Order received from attorney on: Findings /Conclusions /Order: Rasoi~tions: ^ Appfaved by COUnCII: Original Res /Copy Cert: Minutebook Copy Res /Copy Cert: City Cledc ^ COples DI$bUr$ed: City Engineer City Planner ^ Findings Recorded City Attomey Sterling Codifiers Project File Development Agreement Copy Res /Original Cert: Ada County (CPAs) ^ Sent tar $Ignature$: Applicant (non-CPAs) Recorded Ordinances: ^ Signed by all parties: original : Mi"uteb°ok Copies to: City Clerk ^ ApprOVed by CoUnCll: State Tax Comm. Sterling Codifiers ^ ReCOrded: City Attomey City Engineer ^ Copies Disbursed: City Planner Pro;ectfile Applicant (ff appl.) Ordinance No. Resolution No. Findings/Orders: Original: Minutebook ^ Approved by Council: copiest°: Applica"` Project file ^ Recorded: Deadline: 10 days City Engineer City Planner ^ Published in newspaper: City Attomey » Record Vacation Findings"' ^ Cople$ DI$bUr$ed: Recorded Development Agreements: Originel:Fireproof File ~l ~ ~ ; Copies to:Applicant Notes: r ; ~ C /,f / , (- )":~. l ~ i~°t 9``-r d$~ 't,"i u~~ .~~- p Project file _ City Engineer City Planner City Attomey and 1 b-Jun-00 ^ Deny .•.~ 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 6:30 p.m. on May 24, 2000 for the purpose of reviewing and considering the application of Tara L. Gorton for a conditional use permit for a small child care center 12 and over located at 420 E. 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 28th day of April, 2000. WILLIAM G. BERG, J ., ITY CLERK *4~~;~Iit~fF111~,' xr i PUBLISH May 5 and May 19, 2000. .~ r~~La - a -~. ~~~ 4 rr~'f~~~~~a€i'ti x~tY~~~''~~~``< ~'' HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2x99 • Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS CITY COUNCtL MEMBERS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 12 2000 TRANSMITTAL DATE: April 21 2000 HEARING DATE: Mav 24, 2000 FILE NUMBER: CUP-00-026 REQUEST: CONDITIONAL USE FOR SMALL CHILDCARE CENTER 12 AND OVER ZONED R-8 BY: TARA L. GORTON LOCATION OF PROPERTY OR PROJECT: 420 E. BROADWAY SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ~~Q ~~ C7 dr ADDRESS: I ~ r~ ~ _ ~- i,-~, ~:r, ~e~~di~ ~Ec~r~D APR 0 3 2000 CITY OF IVi~:itIDIA1~T P ~& 1VING Cup ~cx~- c~2to E:~~~ j GENERAL LOCATION: DESCRII'TION OF PROPOSED CONDITIONAL ZONING CLASSIFICATION: I certify that the information contained herein is true and correct. ;~ , Signature of Applicant Social Security Number ~~~~ _ ~S ~ Q l LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at -~ - TO SUBDIVISION, BLOCK ,LOT CONTENTS OF CONDITIONAL USE APPLICATION (Incomplete applications cannot be processed) An application for a conditional use permit shall be filed with the Administrator by the owner of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information: 1. Name, address and phone number of applicant. 2. Name, address and phone number of owner of subject property. 3. Legal description of property. 4. Proof of ownership of subject property (warranty deed) and notarized consent of property owner. 5. Description of existing use. 6. Present use of subject property. 7. Proposed use of the subject property. 8. The District (present zoning) that pertains to the subject property. 9. Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1 "=300. 10. A plan (with a scale of not less than 1 "=50') of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yard (submit 35 copies). Also include one 8 %Z " x 11" copy of site plan, elevations and list of construction materials for all buildings. 11. A list of the mailing addresses of all property owners within three hundred feet (300') of the external boundaries of the land being considered. This list can be obtained from the City of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. 12. Characteristics of subject property that make a conditional use desirable. "~ ~ '~ 2rrtq~. 13. A fee established by the Council; $275.00 + $1.73 each for certified mailings for each property 3 ~ ~a ~ owner listed within the 300 feet =Total Fee. Please double the mailing fee on this application if -`s -~ the property is located in a zone other than Old Town, Commercial, or Industrial (All other zones require two public hearings -1 before Planning & Zoning Commission and 1 before City Council). 14. A statement that the applicant or user of the property agrees 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. 15. The application shall be verified by the- applicant who shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. - - 16. The property will be posted 1 week before the hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this will be done as part of the application. HEARING PROCEDURES FOR CONDITIONAL USE PERMIT The Commission shall: a. Conduct at least one (1) public hearing at which interested persons will have the opportunity to be heard. At least fifteen (15) days prior to the hearing notice of the time and place shall be published in the local newspaper. b. Within forty-five (45) days after hearing, the Commission shall recommend approval, or approve with conditions, or deny a Conditional Use application under the conditions as herein specified and consider such additional safeguards as will uphold the intent of this Ordinance, and transmit its recommendation to the Council with supportive reasons. The Commission shall insure that any approval is in accordance with the Meridian Comprehensive Plan, the Zoning and Development Ordinance, and State Law. 2. The Council shall: a. Conduct one (1) public hearing after notice requirements as above. b. After hearing, the Council shall approve, approve with conditions, or deny, with supportive reasons. c. Conditional Use applications for land applications in Old Town and in Industrial and Commercial Districts shall only be required to have one (1) public hearing which shall be held before the Planning and Zoning Commission and after the recommendation of the Commission is made the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission. ,~-. 2-418 C GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and shall find adequate evidence showing that such use at the proposed location: 1 • Will., in fact, constitute a conditional use as determined by City policy; 2. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; 3. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 4. Will not be hazardous or disturbing to existing or future neighboring uses; 5. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; 6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 7. 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, fiunes, glare or odors; Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and 9. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 2-418 2-418 2-418 2-418 2-418 D SUPPLEMENTARY CONDITIONS AND SAFEGUARDS In approving any Conditional Use, the Commission and Council may prescnbe appropriate conditions, bonds and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescnbe a set time period for which a Conditional Use may be in existence. E PROCEDURE FOR HEARING AND NOTICE Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures, of this Ordinance. Provided, however, that Conditional Use applications for land applications in Old Town and in Industrial and Commercial Districts shall only be required to have one (1) public hearing which shall be held before the Planning and Zoning Commission and after the recommendation of the Commission is made the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission. F ACTION BY THE COMMISSION Within forty-five (45) days from the hearing, the Commission shall transmit its recommendations to the Council with supportive reasons. The Commission may, however, continue the matter from meeting to meeting if it finds that it does not have sufficient information to make a decision. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall insure that any approval or approval with conditions of an application shall be in accordance with the Comprehensive Plan, this Ordinance and State law. G APPEAL OF COMMISSION ACTION (See Section 2-416, Zoning Amendment Procedures.) H ACTION BY THE COUNCIL 1 • Heari_gn - (See Section 2-416, Zoning Amendment Procedures.) 2. Upon granting of a Conditional Use Permit, conditions may be attached to a Conditional Use Permit including, but not limited to, those conditions which: a. Minimize adverse impact on other development; b. Control the sequence and timing of development; c. Control the duration of development; d. Assure that the development is maintained properly; e. Designate the exact location and nature of the development; f. Require the provision for on-site public facilities or services; and g. Require more restrictive standards than those generally required in this Ordinance. 3. Prior to granting a Conditional Use Permit, the Council may request studies from the planning staff or public agencies concerning the social, economic, fiscal or environmental effects of the proposed conditional use. A Conditional Use Permit shall not be considered as establishing a binding precedent to grant other Conditional Use Permits. A Conditional Use Permit is not transferable from one (1) parcel of land to another. 2-418 I APPEAL OF COUNCIL ACTION (For required procedures, see Section 2-416, Zoning Amendment Procedures, of this Ordinance.) 2-418 J TRANSFERS Old Town -Conditional Use Permits for land in Old Town may be transferred from old owners to new owners or from old occupants to new occupants or from like to like uses by petitioning the Zoning Adnnistrator for approval. The Zoning Administrator may approve or deny the transfer or refer it to the City Council for decision, but no public hearing shall be held. Appeals may be taken from the Zoning Administrator to the Council. 2. Non-Old Town -Conditional Use Permits for land in any other district other than Old Town may be transferred from old owners to new owners or old occupants to new occupants for the same use for which the original conditional use was granted by petitioning the City Council. The City Council shall hold a public hearing on the petition after notice of said hearing having been mailed by certified mail to all property owners within the subject land and to all property owners within three hundred feet (300') of the external boundaries of the subject land. 2-418 K REVOCATION All Conditional Use Permits are subject to revocation by the City Council. If the City Council decides to revoke a conditional use, either on its own action or upon complaint to the City Council, the City Council shall notify the permit holder of its intention to revoke the Conditional Use Permit and provide the permit holder with the opportunity to contest the revocation. If the permit holder contests the revocation of the permit by delivering to the Zoning Adminisrtrator a letter of contest, the City shall hold a hearing on the revocation. Fifteen (15) days prior notice of the hearing shall be given to the permit holder and all property owners within three hundred feet (300') of the n r boundaries of the land which was issued the permit. The City Council shall make findings of fact and conclusions of law supporting its decision to revoke the Conditional Use Permit. If the City Council does not decide to revoke the Conditional Use Permit, no findings of fact and conclusions of law shall be made. An aggrieved permit holder or complainant may appeal the decision of the City Council under the Administrative Procedures Act of the State of Idaho, Section 67-5215(b) through (g), Idaho Code. (Ord. 592, 11-17-92) ~~,P~, ~~~;~~, -fir Core}~iar~a.~ 1~se, i . j ~ ra ~ . 60 ~~0~^,, i l5 5 cS. ~.. i ~ d 24~' Mer i cl r aN~ ~D 208'-88? - ~f 6s ~ aPPlicav~ ~3~y~, z, ~t~~fh ei~ Twomey a4~o M~K~nn~ BDIS~ 1.~ 8~~4 nu~~~ ~.. 3. See enciosec~ leg~~ di~~; p~~o~n o-F ~ro~e~r~~ ~I- `tee e~C~OSer~ WaYrCtYI.~ deed . 5, ~~s+inc~ use, 0~ } ro't~e~~~ is a resicler~c;~. (o, Cu~rr2Y~. u,:Se ~Y2~'~~1 ~7, I~t-U OSec~ (~~ ~~ ~ IZ oar Ch~il&Ver~ ~ ~ o-F ~r~.~er~~ ~s i nc~~ ~ pry per{ ~ o-f ~rD~ert is a Ch~IdC~r~ mars) . ~~~~ -yar~'t~u~~ o~ ~2 CIQ~~Yrr7inc~C~ g. ~rese rl-~ zUn1n9 ~IS ~- q~ See V1cin~~ r~1a~ Ib~) See s~~~ alar~ i~.) see, ii`si- 30U -f~. __ -fCV' ~l~carz ca~~ - ~ r w~.. 1 ~J eQSi~ remadle t~ me provided p~ Pro}~2r~~ O~Ui1e~rS Guifl~in~ I ~t~s pfo~Er~-~ is d~sirabl~ be cause, of -tl~e fo [Lo u~ i ~~ loin traFf~~ prev~dr~~s~Fe Z~~ 'Fu l lc1 -~erteed 31 rnnrh -~~~' DQrK~nq [3) -Fee of 31~g.~~" j~ro~i~e~ iii,) Z T~rQ C~o~to~~ a9re~fo a QCll~j }jb%ll~.~ (~X~t~r SeGv~r frC~S~ ~Y' Ch~~es asSO~;i~+~~ u~~`+!~ ff~e use CDl~merc~cc.( or irdus~ri~~f i5.) ~ have, read -f-I~e ap~i icc~~i o n, aid ve~i ~ -~ruE o.nc~ CO'^rec~. l~cenc.lh~ neecPS an~,c9 per re~ic~e~+iaJ ~c~ ~..~~ o ~ -~h.~s. alb i r~~~r~ ca~to~. ~S ~~~~ Ib,) -~ a re2 1"d ~~5+ ~'(o~P[~ ~ Wee. be-fore he r' ~ n S~td~fi« .L ha~e~p ~I i ec~ ~br ~, ~'rld~~ivYial u~~ ~~r rr~i-~-• - 01~ --____ Apri13, 2000 Tara Gorton has my permission to seek and acquire a conditional use permit for the City of Meridian for the operation of a day care facility at 420 E. Broadway in Meridian, Idaho. Matthew Twomey Owner Matthew Twomey da April i ' y n ~~ r 1. •~ • ~~~"~ '~- l~iy commission ~ ti~ / y before me, Mike nblin, this 3rd ~~s .~~'° '~ 4 d '•. ~`~~ ~ ~~ • • J~ i • 0 ~~ e L:/ ~/ e ~~/~ ' ~~ ~~ ~~~li~ x ~~" Nl~k.~ - `_ ~, ~~ 1~ :fir ~~~~c~ M~-r~a~:~r~ !~~ S ~ -I-o ; n Clud ~ a '~andica~ ~cce~s rar~.~ a~~. ~~and~~c~p e~u~~~~~ I~a~h Y oo~'~ , e r~ s~ i ~ IYl ~~~ ~ n~ pus bed YoDi~i, Y1r1l~Pr~iQ.~ n~P~er.~ Q ~e ~en~,~'c~_ (_ C~r~s~r ~~C~16Y'~ S~~ ~~~ i ~ s ~ 3' d oor a Y1d I ~~ ~7- ~~s U.~; v~~ b~~J ,- Property Pro i e March 13, 2000 Prepared For: Mike Gamblin Mike Gamblin Realty 3208 N. Linda Vista Boise ID 83704 Property Description Property of: Twomey Located at: 420 E. Broadway The legal description associated with the property is shown on the attached deed, if requested. Requested Enclosures Relating to the Property ~l Warranty Deed ^ Quitclaim Deed ~ Deed of Trust ^ Tax Information C~ Plat Map ^CC&Rs Other:. Should you have any questions or if we can be of further assistance please don't hesitate to contact us. Thank you for the oppoutunity to serve you! d . <', Custom$r` Service Representative This Property Profile is provided to you free of charge and is for your nformation only. Transnation Title & Escrow, Inc. implies no warranties or insurance of any kind pertaining to the information contained in this listing information package. Trn Transnation Title & Escrow, Inc. 8665 West Emerald, Suite 200 Boise, Idaho 83704 Phone (208) 377-3190 FAX (208) 375-6750 ~~U'1 1;3b f TR18 IK71W t?URNISl~RD COU1ITIsyY OR: F'~CR(~~i' t (1R>I'. RfiAD a A7PROVBd trr dllATIL"tl!(S~: j V ADA C+j. RECGROER 9GISE 1D '96 ,lt'!~ 7, ~~~i~~ c.~sG' FEE (J~! ~= UCdl ~GSf'°-~" ` C~ RECOt![tE0 AT THE REOLSE~~ :S A134VF. Tnt91.tN13 FOR RF,C'ORDiNG DATA Order No.: 96061252 SRC/LM WARRANTY r1F,ED 1?bR VALUB g~"g IN9E3TOR3 FTNr,1VCIAL LIMITRD FAIt'1'NBRSHIP, A1V IDAHO I.~MITSD P3tRTtiER5HZP t~tAN'tX;~ttS}, aaeacdo) hereby t~RANr, sARaATI`r, S'fiLL. rand ~ONVBY ttrtco esn'rTH$w Ttao>~Y, '~ ,TPt`42~RRIFD P'''PS^.PI "~ MCRI7!CNE'1' S NOISE D $3y0 ~~g,FQ>r4Tl ~at~trlcolgri~~rrl!~avir~>~t~~eArw f,Rpl~'E1S(S7, whose currtnt address ~~ County, State of Idaho, more pa '' '-'ty the +nllnwing described real property in !ll)A ttescrtbed as fn(lnw~, to wit: East 15 feet of Lot i5 and sfl o! Lat 16 in S1bC7[ 8, Amended Plat, ROWAN AD17I'tION TO ;v~ERIDIAN, aCGOrding t0 the Official Plat thereaE, J`iied in Book 2 ot: Plats at Page(s) 52, records of Ada Cnun`y, Idaho. TO NAVE AND 'f0 HQLD dte said P*et"isdt, with 9teir ttppurtet tmro dte said Grantx(s?. ~ E3ranteefs) heirs and assigns fa*ever. An+ the said Grantor(s) does(do) hereby covenant to and with the said Grzntcets), thlt t:,rantorts} is/are the owner(s) in fcc simple of said premises; iltat xaid prem'tees are free from a±~ c:ncurrbrances, EXf'!P'T those to whlrh this conveyance is expressly matte subject and those made, suffered or d~nc b} it ~• GrarreC+~): •tnC subject to reservations, restrict+nns, dedications, easements, rights of way and agreements, {if any) of record, arat general taxes sort assessments, {inriuding irrigation and utility assessments, it any} far the s-t+rr~;nt yc:tr, which are not yet d;ae and payable, and that (;rantor(5) ti<'dl warrrant and defend the cams fsn-n atl lawful claims ~vhatsncvcr I)~ed: June 05, 1946 I1VV138TOR8 PTtiA1aC26I. LIttITG~ YAA'tNERSAIg' an Idaho Limited Yarrnarah"ip~by~ 3NVF.STf1R5 F?NANCTAL CbRPORATION, an Idaho Corporation, General Partner b' • t~t1 ]I~''~t^~ .. ••t r ~~~r, atsaaer $'t'A'1'8 (1~- Cr;t "`4TY pP } ~ ~ ~, ~ , to ~ y~ of ,before mt, the undersl ,,tary ~ubfic in and 14'-t' staid State, Fetattnaify ppp~td ~ ~ 3auttlt'iod uy ~ to ~ titt peti~ott(s) aMore slam subseribed ro the whhin instrument, and ;,rknrrrrfnr}pexi to me that he/eherthPy cxnceted tht ffiign~tctia. Nante• td„ M (K~ J >Rp{iditt$ >sC: ~/! I S ' ~ ~-. za~ooc~~z,3 S t~Py'i'S a(r Tb]lA(3. County a! Ada r ~ pn ttte S~ h day of in the year of (qR~o before me, the undersigned, a o ary Pub21c in and for said Sate, personally appea~•ed SCOTT' R. T-.YLOR known or identified to me to be the Manager of INVESTORS FINANCIAL CORPORATION, an Idaho Corporation, the Corporation that executed the above inatrutnent as the General Partner of INVESTORS FINANCIAL LIMITBD PARTAi4OSHIP, an Idaho Limited Partnership, and acknowledged to me that ~, .a corporation executed the same nn behalf of such partnership. xNi iEITNH83 WHEREOF, I hAVe $E'YCr,1C1to Bet my ham! and a!lixed my official eeai t`•iE' day and year in this certificate first above written. ~(''~ vti~*p~.~..w`Gk~r ~ic,~netux'e ~~~~~il ' ti~-- ~, Name: •~~~' NdT~h ~ Rea iirig at: Y tc.1...~.t,t.c~ ~w - DLS? . ~* r""+Flx C ~ ~sainn Expires: ~~,~ `~`~ u ~ ,~ air a ~~aA6 O F {4 ~'~ ~y C~~~ Mu ua~gton Loan No. 02-0982-000895702-9 ALLIANCE TITLE & ESCROW CORP. 97071422 AFTER RECORDING, MAIL T0: Washington Mutual Bank fsb LOAN SERVICING - VAULT PO BOX 91006 - SAS0304 SEATTLE, WA 98111 DEED OF TRUST ~, •~ ~ a7~ 05iai. J ~!-~ G o~~_G'7 , .. ... ...'J I: R Lt ~ r. v. ~. , ... .,~I. i~.~•I~~,. BOISE 19 ~~.Ct~,r!CE TITLE ' 97 QEC 19 o Pfd ~ ~FE _ !_~~ I;, i 1- ::ter OF 'r.ECC,.. _. ._ .._ (Space Above This Line Far Recording Data) THIS DEED OF TRUST ("Security Instrument") is made on December 16, 1997 .The grantor is MATTHEW TWOMEY UNMARRIED INDIVIDUAL(S) ("Borrower"1. The trustee is ALLIANCE TITLE AND ESCROW CORP. _ 1"Trustee"). The beneficiary is Washington Mutual Bank fsb which is organized end existing under the laws of Washington and whose address is 1201 Third Rvenue Seattle WA 98101 ("Lender"). Borrower owes Lender the principal sum of Fiftv Eiaht Thousand Four Hundred & 00/100 Dollars {U.S. 8 56, 400 .00 1. This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"1, which provides for monthly payments, with the full debt, if not paid earlier, due and payable on January :L, 2026 This Security Instrument secures to lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and Ic) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in Ada County, Idaho: EAST 15 FEET OF LOT 15 AND ALL OF LOT 16 IN BLOCK 8, AMENDED PLAT, ROWAN ADDITION TO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 2 OF PLATS AT PAGE (SI 52, RECORDS OF ADA COUNTY, IDAHO. which has the address of 420 BROADWAY AVE ,MERIDIAN [Str.al Icnvl Idaho 83642 ("Property Address"); Rlp CI>al TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pert of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the. Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against ell claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. IDAHO - Sinflle Family - F~nnl~ Ma~IFr~ddl~ Mae UNIFORM INSTRUMENT Form 3013 9190 !page f of Q pages! 615A 112-94) 02-0982-OOOb.,7152-9 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Irrtersst; Prepayment and Lets Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and Iete charges due under the Note. 2. Funds for Taxes and Insurance.,, Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lander on the day monthly payments are due under the Note, until the Note is paid In full, a sum ('Funds"1 for: lei yearly taxes end assessments which may attain priority over this Security Instrument as a Ilan on the Property; Ib1 yearly leasehold payments or ground re MS on the Property, if any; Icl Yearly hazard or property insurance premiums; Idl Yearly flood insurance premiums, if any; le) yearly mortgage insurance premiums, if any; and Ifl any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 6, in lieu of the payment of mortgage insurance premiums. These items are called 'Escrow Items." Lender msy, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borcower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 es amended from time to time, 12 U.S.C. Section 2601 et seq. 1"RESPA'1, unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shalt be held in an institution whose deposits are insured by a tederel agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for en independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds end the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. if the Funds held by Lender exceed the amounts permitted to be held 6y applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law, If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, lender shall promptly refund to Burrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquistion or sale as a credit against the sums secured by this Security Instrument. 3. Applicaton of Paymanb. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to Interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Chsrgee; Liens. Borrower shall pay all texas, assessments, charges, fines end impositions attributable to the Property which may attain priority over this Securty Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to t>e paid under this paragraph. If Borrower makes these payments directly, Borrower shell promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (al agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; Ibl contests in good talth the lien by, or defends against enforcement of the lien in, legal proceedings which In the Lender's opinion operate to prevent the enforcement of the lien; or (cl secures from the holder of the lien an agreement aatiafactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain prlarity over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage' end any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and }or the periods that Lender requires. The insurance carrier providing the insurance shall 6e chosen by Borrower subject to Lender's approval which shall not be unreasonably whhheld. If Borrower fails to maintain coverage described above, lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender end shell Include a atandsrd mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the avant of loss, Borrower shalt give prompt notice to the Insurance carrier end Lender. Lander may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible end Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shell be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower, If Borrower abandons the Property, or does not answer within 30 days a notice from lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lander may use the proceeds to repair or restore the Property or to pay sums assured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in parsgrepha 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting ftom damage to the Property prior to the acquisition shell pass to Lender to the extent of the sumo secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Melntsnance end Protection of the Property; Borrower's Losn Application; Leaseholds, Borrower shall occupy, establish, and use the Property es Borcower's principal residence wthin silly days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at Isest one year after the date of occupancy, unless Lender otherwise sprees in writing, which consent shall not be unreasonably withheld, or unless eMenueting circumstances exist which era beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit wsste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, ea provided In paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created 6y this Security Instrument or lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccureie information or statements to Lender for failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lendar'a rights in the Property (such es a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulationsl, then Lender may do and pay for whatever is necessary to protect the value of the Property end Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees end entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lander under this paragraph 7 shell become sdditionel debt of Borrower secured by this Security Instrument. Unless Borrower end Lander agree to other terms of payment, these amounts shall beer interest from the date of disbursement at the Nota rate end shall be payable, with interest, upon nOtlce from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shell pay the premiums required to maintain the mortgage insurance In effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall psy the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, et a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously In effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to ba in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by sn insurer approved by Lander again becomes available end is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in affect, or to provide a loss reserve, until the requirement for mortgage insurance ands in accordance with any written agreement botwean Borrower and Lender or applicable law. 615e 117-941 P9ge 2 01 4 ,.~. ~. D2-0982-D 5702-9 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall g,ve Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnetlon. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the procaeda multiplied 6y the following fraction: lal the total amount of the sums secured immediately before the taking, divided by Ib) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less then the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums era then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not than due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due ate of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbeusncs By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured 6y this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required 20 commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interact. Any forbearance by Lander in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph ~ 7. Borrower's covenants and agreements shall ba joint and several. Any Borrower who ca-signs this Security Instrument but does not execute the Note: Ia1 is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; Ib) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Nate without that Borrower's consent. 13. Losn Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that aw is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: lal any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and Ibl any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated es a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given 6y delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates 6y notice to Lender. Any notice to Lender shall ba given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which t e Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Nota which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Trensi~r of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal taw as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the data the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument, If Borrower tails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Rsinftate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement o t is Security Instrument discontinued at any time prior to the earlier of: lal 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (bl entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (al pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; Ib) cures any default of any other covenants or agreements; (cl PaVS all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (dl takes such action as Lender may reasonably require to acsure that the lion of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured herebly shall rlemafntfu ly effectnre aatlif nouec elevation had occurred. Howeverothis nghthto Se nstat rlshall nottapply inethellcase of acceleration under paragraph 17. 19. Sde of Note; Change of Loan Serviear. The Note or a partial interest in the Note (together with this Security Instrument) may e sold one or more a'mment Itduetunder that Nate andrthisrSecurity Instrumanit (There alsoemay be one orkmomnchanges"of theSLoan Servicer collects monthly p V withlparagraphsi4 above and applicable law. Thenoticehwill state the name and add elsisbof9he newr'Loan Servicer and t enaddressctorwhich payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substsncss. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow a[oothe presence, use,ho9storage onhther Propertyaofssmalloquantities of Environmental Law. The preceding two sentences shall not app y Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual Hazarldous Substance affect ng the Property as bnecessary,1eBorrower shall prlomptfy takerla I necessary emedialoactions n acco dance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environments so vents, mate~lals containing asbestos orlformaldehyde, andrrald'oacYrve materialsPeAslused n this paragraph 20c"Environmental Law" means federal laws end laws of the~jurisdiction where the Property is located that relate to health, safety or environmental protection, NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. AeeeleraUon; Remedies. Lander shall give notice to Borrower prior to sceslsraUon following Borrower's breach of any covenant or sh lesp city: (slstlte default: b1 the action requirod to cure the default~lc) a date,hnot less than 30 deyslf omrths datettM notice shgiven to Borrower, by which tM default must M cured; and ld) that failure to aura the default on or before the date apeeified in the notice may result in eccsleration of the sums seeursd by this Security Instrument and sale of the Property. Ths notice shall further inform Borrower of the right to eccslerationeand eslar~lfthe defaukgistnotbcured onn or befiora the date specified irnsthscnotics. Lender et its optlondmay require/rmmsdiete payment in full of all sums secured by this Sscurky Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable Isw. Lander shill be amiUsd to collect ag expenses incurred in pursuing the remedies provided in this paragraph 21, Including, but not limited to, reasonable attornsyi tees and costs of title evidence. Page 3 of 4 615C Ir 2-941 02-0982-OOUd95702-9 If Lender invokes the power of sda, Lender shall execute or cause Trustee to execute written notice of the occurrence of an event of default end of Lender's election to cause the Property to be sold, and shall cauas such notice to be recorded in each coumy in which any part of the Property is located. Lender or Trustee shall mail copisa of the notice ea preacrlbed by applicable law to Borrower and to other parsons prescribed by applicable Isw. Trustee shall give puhBc notice of sale to the persons and in the manner prescribed by applicable law. After the time required by applicable law, Truatse, without demand on Borrower, shell sail the Property at puMie euuKlon to the highest bidder et the time and place and under the terms designated in the notlce of agile In one or mars parcels and in any order Trustss determines. Trustee may poatpona sale of ell or any parcel of the Property by public announcement et the time end place of any previously scheduled sale. Lander or its designee may purchase the Property at any sale. Trustee shell deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed a implied. The recitals in the Trustee's dead shall ba prima facia evidence of the truth of the stetameMs made therein. Trustee shall apply the proceeds of the sale in the following order: ial to all expenses o} the sale, including, but not limited to, reasonable Trustee's end attomsys' fees; Ibl to all sums secured by this Security Instrument; and Ic) any excess to the person or persons legally smitlsd to h. 22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and Lender shall charge Borrower a release fee in an amount allowed by applicable law. Such person or persons shall pay any recordation casts. 23. Substitute Truatse. Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 24. Area and Location of Property. Either the Property is not more than twenty acres in area or the Property is located within an incorporated city or village. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the riderls) were a part of this Security Instrument. lCheck applicable boxlesll ^ Adjustable Rate Rider ^ Condominium Rider ®1-4 Family Rider ^ Graduated Payment Rider ^ Planned Unit Development Rider ^ Biweekly Payment Rider [] Balloon Rider ^ Rate Improvement Rider ^ Second Home Rider ^ Otherls) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any riderlsl executed by Borrower and recorded with it. X C~ - MATTHEW TWOMEY STATE OF IDAHO, County of 1 1 ss: ADA 1 On this 18THday of DECEMBER 1997 before me~HE UNDERSIGNED , a Notary Public in and for said county and state, personally appeared MATTHEW TWOMEY known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that he/~`Lr--executed the same. In witness whereof I have hereunto set my hand and affixed my official seal the day andQyearfi~t~i~9taY;t~ficate first above written. ~~ ~:, ~~~ r - s/ ~ ~ ~~. NOT, `. My Commission expires: 5-28-99 LL9~ `~' ~"~~-~ ~ 9 MERIDIAN, I~f ~e.~ Notary Public residing at: - i :V;~~VBL.tC i ,,'~y7~ 'M....••'~p REQUEST FOR RECONVEYANCE •.F OF lD ~`~~- .,_ TO TRUSTEE: -"'^<<- ~~' Tha undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. DATED: By Mail reconveyance to 615D (12-941 Page 4 of 4 ~•. ~-. Washington Mutual Bank fsb LOAN SERVICING - VAULT PO BOX 91006 - SAS0304 SEATTLE, WA 96111 ''''' V~(ashingtOn 1-4 FAMILY RIDER \nl% MutUal Assignment of Rents 02-0982-000895702-9 THIS 1-4 FAMILY RIDER is made this 16th day of December, 1997 ,and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same data given by the undersigned (the "Borrower") to secure Borrower's Nate to Washington Mutual Sank fsb (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 420 BROADWAY AVE, MERIDIAN, ID 83642 lPropsrty Addressl 1.4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereaftarlocated in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, panelling and attached floor coverings now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehaldl are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Uniform Covenant 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Uniform Covenant 18 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, the first sentence in Uniform Covenant 6 concerning Borrower's occupancy of the Property is deleted. All remaining covenants and agreements set forth in Uniform Covenant 6 shall remain in effect. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute MULTISTATE 1.4 FAMILY RIDER • Fannie Mea/Freddia Mac Uniform Instruction Form 3170 9/90 ip~gs 1 of 2 p~gssl 986A (10-96) oz-o9ez-oooa9s~oz-9 new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (il Lender has given Borrower notice of default pursuant to paragraph 21 of the Security Instrument and (ii) Lender hes given notice to the tenant(s) that the Rents are to be paid to Lander or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (ii all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; fii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iiil Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lander or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (vl Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Uniform Covenant 7. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judically appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy o1 Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family Rider. X ~~ MATT EW WOMEY MULTISTATE 13 FAMILY RIDER • Fannie Mea/Fraddis Mac Uniform Inatruetion Form 3170 9190 (page 2 of 2 psges) 966A 110-961 PFMR02PUB 99 N E W M R S T E R U P D R T E TRRNSNRTN 3/13/00 Parcel R75960005I0 Cc>de Hrea 03 _ Type C1-ty Value RCTIVE Name T~JOMEY _MRTTHEW ________ - 200 --120 19580 Data From --__.__ - ___ `I I 0 _____ __ 37600 Maste r Buyer _ __ __-_ Bank Code WMI C/0 ____ __ __ - --- - - - Rddress 2420 MCKI~dNEY ST -_-__ __ Prepaid ---- -. _ _ L . I . D . _ BOISE _- I D -- -~---- ---- B a n k r u p t ~ 83704 - 6016 Sub,Code Last Change "4 - r gy •® _ _ _ Rnnexation ENO Total ~ o~i Notes Desc. EI/2 OF LOT 15 LOT 16 ___ BLK 8 Exem tion MERIDIRN ROWRN RDD #96047967 -- -- Grp 000 Typ 000 Rp P 17 I b_/ I I01~<i10 I bH _- 3N_ E 07 Ha r dsh i p Property Zoning R-8 _ Flag Rddress 00'420_ E BRORDWRY RV_E_ ME:RIDIRN ID 83642-0000 D.D, _ Space _ type I RERL Roll I PRIP1RRY Occ, 0 NON-OCC Rction; _ F2=Select F3=E;~tit F9=UR FIO=Tax ^ ,-. TRX~rMRIN ;wPUBI._IC TRX_ COLLECTION SYSTEf~1 - ( MASTER ) 3/ 13/00 00000 R759600E~5 I 0 -- TWOMEY f^RTTf-IEW Bank; WMI Tax Value: 10:09 ; 28 $57 100 2420 MCKINNEY ST Prepaid: H/0: , BOISE I:D 83704-EOi 6 Bankrupt; HR; Sub Code: CB Rmt: Bili# 1996110075965 Cd Rr ea: 03 Year BASE CHHRGE Hlf NET TRX P,ECEIVED HRLF DUE TOTAL DUE ~ 1999 852,04 I 426.02 426.02- -- 2 42x,,02 426.02 426 02 1998 848.62 I 424.31 424.31- . 2 424.31 424,31- 1997 907 .'-+0 I 453 70 453 . 70-- c 453,70 ~f53,70- 1996 569.5E I 291,82 291,82- 2 28'-f . 78 284 .78- 1995 513.22 I 256,61 256.61- 256 . Ei I 256.6 I - + ~FiCTION ___ 1;)99 Intere st as of 3/13/2000 . 000% 426,02 CF02-SELECT CF 03-EXI T CF05-GREG RERL CHHRRCTERISTICS PRRCEL 87596000510 INSPCf 980_123 BY DJ BRTCH 03 - -- BHTHROOMS I 3 2 ROUGHED IN 0 KITCHENS I 2 ~'. HOT TUB 0 FP/S FP- -- - ST _ _ FP-B FP- M PORCH 0000 _ _ 0 PRT10-0 0 0000 0 - - CRR STORRGE-I 0 0 0 0000 0 . LoC a -~ -- r~ ~ ~a 01~~0 ~ -3 0 0 0 0000 0 SHED 10 0432 0 DECK 0 0000 0 FL.TWRK 0_080 POOL 0000 LNDSCP 2 LWS 0 SRLE 96/06/03 PRICE 53,000 INST LTR ZONING R--8 PH 021 FN 000 EC 0 _ 05 BLT 195'-~ REM 0000 EFRG 0000 PRRT 0 ITC 200 410 L.ND VRL 19,500 INS 10000 LRND SIZE .120 RSK SRLE DRTE _82/11/00 PRICE 39,900 RPPERL VRL _ 0 SPC INFL 0 PRRTIRL YR _ VRL_ #PRC OI OF 01 R x20598 ~RERPPRAISRL YERR= 98 3/13/00 RDDR 00120 _ _ E _ B_RORDWRY _ % OWNER 000 S/T/R 8073N! HERT I R1R COND 00 BDRMS 03 DESIGN I DWELLING I RP-; 0 CLf~SS 3 MRKGRD I ROOF 0 BSMT RTT 1NTFF; 0 SQFT 6J B S GRFL 1028 _ UPLV 0000 _ __ _ LWLV 0000 _ _ _ FIN 0000 BSMT 0000 0 Fl"PJ 00'00 RTTC 0000 0 FIN 0000 _._. R'EPL_RCEMENT 99i 08/t?.4 VNC 0 ;NAPE-- c 0 0 0 0 COST 37.617 RSSOC PRP,(, _ SUB ROWRN RDD -- Last ChancOe - ',~ By : "u CF^c-SELECT CF3--EXIT CF5-MRSTER CF7- OCC DRTE 000 PRINT N Rction: NEW MRSTER ~ ~`- 4;~' 4 TLa- lO .. ~. ~A~. •<~ b .;; s X17• ~ ~ - - / 7/ :. a+sr~ ,o r S 9 /o i/ /t 9 so ., 3. ~"''~, ,° t: ~~ /> 9 d 7 a .6 4 s L/ _ 0 ~ u ~ $ ~ ,; J• ~ - ~~ s zs Z; HS 30 ~ // / /.) / 9 /S i6 /7 // /1 rO ~ ~~~ • ~~~ _^ ~ ~ ~. p~A.~ ,- w IDAHO AVENU W !. ~ ~ 7 G 8 3 4 ~ J i ~ ~ ~ ..... _._..1..._..... ` 3 r / a ~ d,, i - /f5 .. . N' ! ~ = 5 4 J r/ ~ X 5 4 a ~ I ! 2 / \ ~ ~ Y _ W ~ Q A / )e l1J ~ j! ~ / / !o J /* g /L /~ /~ /J 10 _ 3o C .. 30 ,. 0' ,. C .. _ " g J ; ~ c ~. B 9rO ~ ' YJ i° •• - 30 h /I / /3 /4 /5 / y G /7 / /9 2 r Po 30 ~ ~~ . RAILROAD ~ 9J 3e .. j° o ~ a .. • AVENUE ~. a `~ UN70N~ ... .......................... PACIFIC R . R. ` `- ~' , ;, 30 .• .. _. iso.on ' tt !i -. ...... S 7 3 1 / .. !° ~ r 30 ' ~°55 • ., i39. //fir ... O 4~`s/ Mrf~'~C .. q - .. ~ ~ ~ ~ i 0 ~ . ^ !° II !99 Ja .. Z' !i !r ~ ` /= 3 4 5 6 7 B 9 i0 I/ sr • • .. iy /4 /9 / s /s / 4 / ,~ ' t ~ ~y~ f ~ :. ~' • . . ,. .. )0 349 ~ / 34G s. J 4 S c 7 B ! /e /i vt '~l /+ ~f /6 /7 ~ k ~ _ __. iSg o> O . -''~~' j' .E ~?~ as ~Q o~ a O~ ~_ mz .v w~ 0 N ~_ __/ .~. i -- - - - 3 ~ ____ -_._ ~! I ~ --- - - _~ '~ ~~. - F, ~ ~ \~\ ~ ~. ~, ~, ~-- - --- City of Meridian Conditional Use Permit Application Checklist Applicant: TQ„ Q (.,~,,rfr~,-~ Submittal Date: ~ / 3 / 0O Project:.PLiI~ ~~ oM-(.,~i Application Completion Date: / / Item No. Description 1. Com leted and si ned Conditional Use A lication 2. Le al descri tion 3. Warrant deed recorded 4. Notarized consent of ro ert owner 5. Vicinit ma - 1 eo referred scale 1 "=300' 6. Site lan en ineer scale of not less than 1 "=50' - 25 a. Buildin location s) b. Parkin and loadin areas c. Traffic access drives d. Traffic circulation atterns e. O en/common s aces f. Landsca e lan Refuse & service areas h. Utilities lan, includin - Sewer - Water Trrinatinn - Storm draina e i Signage (number, location, overall dimensions -elevations re erred, not re wired Buildin elevations ont, rear and sides k. Construction materials ma be included on elevations drawin 7. 8%Z" x 11"reduction of site lan 8. Surroundin ro ert mailin addresses 9. Characteristics of roe that make conditional use desirable Application fee - $275.00 10. Mailing fee - $1.73 per notice for each mailing. All zones other than Old Town, Commercial and Industrial re wire two mailin s 11. Additional services statement 12 A signed affidavit stating that the property will be posted one (1) week before the ublic hearin . 13. A notarized statement that the property has been posted and the date the posting was placed. f Qp~~,~i~ d uu~~uwya~ivk 7 a..,. ~ .....-.~.., a .........,, r_ :~62Z~0t~2t:i ~, _ 2 ~9~ .u9`~~ 90gt 2 0`~ ------------ - - -------- -- - ao3 ~~~~ ~~~ oHdai ~o ~NVe s n t V S>IN`d9 Sf1.008•L >IN~dB 'S'fl n ~ ~~~ S.IL' 0 Ii Q ~ f f ~~h lJ ~ L• h' a~~Q Z L 9 0 isivz~s-zs n 3o aapap ~k aT-I3~~Ed Zb9£8 41 'Nb'IOIa3W 1596'L88 >830N1~ 'S SS44 NOliiOJ '~ ddtll 4Nff 'a 3Ja03J Q 3' N 0 W ~ L p c~ ~ ~ L ~ ~ O Q~"O ~L S~ 2 L ~. V ~ ~ _ - - --~ ° '~1 0 d J 1 ., J ;`\ ~ ~ Q f" I-- 0 , ,`v ( c w 1- ~ ` im o ~ ~` ~ ~ w } o = ~ :c '~ N ~ ~ ^~ ;: N v ~ .n iv a ~ `. p z d `. o c~^: A a o ~ ` C Q ~y% f ~ u A y v ` ~ c "ti i '~ ~r t N ~ ~ ~ ~ G1 V O ~ „` 1 9 0 ~ 0~ U ~ '~~ , ~ o ~' V d ?. i C ~ m d t a~~ ~ ~ o z ~ ~ ~ N ~ ~ N ~ ~ ~ m o _ ~ - '6 ~ -p O Z Q N a ~ ~, e~N t(~ C 7 Z N Q ~, w y Z n ~a The Idaho Statesman - ~~=~-- ;,'1i ~ ., P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION~`~` ``yi ~-=~_ Account # DTI# Identification Amount: 064514 262644 PUBLIC HEARING $43.32 Ordered by: P.O. # Rate Run Dates SHELBY NT JUNE 2, 16, 2000 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO STREET 2 g MERIDIAN, IDAHO 83642 Affidavit Legal # 1 7415 I to ar ~ Ci ho ha ho 20t COI I Pe me F LEGAL NOTICE PUBLIC NEARING IS HEREBY GIVEI Lances of the City c vs of the State of Ida I of the City of Me c hearing at the Me a child ~ at 420 Eas t Land Pla 7of3.4ac qty) to R-1. complex ~C~, merlatan, Ida- I p.m. on June 20, of reviewing and lions of: a Conditional Use e center for 12 or roadway; ing for annexation from RT and R1 r proposed 40-unit r proposed Penn furthermore, the ~ditional Use Per- ~ur-plexes on 3.4 15 Zone generally w Avenue on the acres in a propose located south of F, east side of Stonehe Pub. Jun. 2,16, 2000 7415 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Cierk 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 Dodd skip insertion(s) beginning with the issue of: JUNE 2 2000 and ending with the issue of: JUNE 1 6 2000 STATE OF IDAHO ) )SS ~~«' ~Le ~.U~'y(~'~,~ i °~~~~~~~~D9~~~i S r ~ b i' A ~~®r y -jp •» P , i ~ v r, t ~ ;v. COUNTY OF ADA On this 1 6 day of JUNE in the year of 2000 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 Idaho ' Residing at: Boise, Idaho My Commission expires: ~ ©~~,3 ap®~ t ..c June 15, 2000 CUP 00-026 MERIDIAN CITY COUNCIL MEETING June 20, 2000 APPLICANT Tara Gorton ITEM NO. 4 REQUEST -CUP for small child care center for 12 and over children in an R-8 zone - 420 East Broadway AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: GL~ ,~~ ~~`n~ ~~?; ~ F~,~w"' ~,~ Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Recommendations ~, WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JuI,rEKI.E¢.rFlscliFac WM. F. CiIGRAY~ III 200 EAST CARLTON AVENUE BRINT J. JoFU~rsox PosT OFFICE Box 1150 D. SAMUII, Jol~rsox MERIDIAN, IDAHO 83680-1150 WILLIAM A. MoRROw WII,LIAM F. NlcxoLs CFII2ISTOPFII]Z S. NYE TII. (208) 288-2499 PFm.tp A. PerFRSOx FAX (208) 288-2501 STFPFIQI L. PRiISS ERtc S. ROSSMAN TODD A. ROSSMAN Dwvm M. $ WARTLEY TFatti:ErrcER WHITE To: Staff Applicant Affected Property Owner(s) Re: Application Case No Hearing Date: June 5, 2000 CUP-00-026 Tune 20. 2000 i ,, 4a ~~ ~'"' NAMPA OFFICE 104 NIxTx AVENiIE SouTx POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL. 208)466-9272 FAX ( OS) 466405 PLEASE REPLY TO MERIDIAN OFFICE ~cE~D JUN - 6 2000 CI3'Y 0~ MERIDI~'~ 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: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be pre ared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and That you carefully complete (be sure it is legg~~'ttble) the Position Statement if You disagree with the Findings and7~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 ppresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a ggrroup, it is strongl recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly urs, ty ~ rney's Offi e ly/ ~'~, ''1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FORA 12+ ) CHILD CARE CENTER IN R-8 ) ZONE ) TARA GORTON, ) Applicant ) Case No. CUP-00-026 RECOMMENDATION TO CITY COUNCIL 1. The property is located at 420 E. Broadway, Meridian, Idaho. 2. The owner of record of the subject property is Matthew Twomey of Boise. 3. Applicant is Tara L. Gorton of Meridian. 4. The subject property is currently zoned R-8. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The proposed application requests a conditional use permit fora 12+ child care center. The R-8 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 -CHILD CARE CENTER IN R8 ZONE - TARA L. GORTON ~"~, 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 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the conditional use permit as requested by the applicant, based on the Comprehensive Plan. ey/Z:\Work\M\Meridian 15360M\Reconunendations\CUP026daycaredenial.wpd RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -CHILD CARE CENTER IN R8 ZONE - TARA L. GORTON June 20, 2000 Mayor and Meridian City Council 33 East Idaho Meridian, ID 83642 Honorable Mayor and City Council, ~~~~ JUN 2 0 2000 City'f :l'Icri~lian City Clerk Office ~~~~ ~ ~ Please accept this letter as a formal withdrawal of my Conditional Use Permit application for a daycare at 420 East Broadway in Meridian, Idaho. Sincerely, n Tara L. Gorton sent ey: city ort Meridian; Memo 20HHHH6H54; Jun-20 00 12:22PM; Page 111 Tbc Mayor: city council ~rvm: Brad Hawkins-Clark $V~ CCU Sharl Stiles Dam 06/20/00 tie CUP-00-026, Tara t3orton, Child Care Center, Legal Recommendation JUN 2 0 2DDD ci~~ ~~ ~~~~i.a~ ~~ty c)~r~ c~1:~iC~ On page 2, item #6 and item #1 under "Recommendation" are oonfiictlng (n that one states the application is in compliancewith the Comprehensive Plan and the other states denial is based on the Comprehensive Plan. The last flue (5) words of #1 ("Recommendation") should be deleted. The Commission's dental was actually based on the following reasons, which are part of the required findings for CUP applications : 1. The house sizt! (square footage) is too smelt for a Child Care Center, The house is approximately 1,100 s.f. 2. Thera arm two active industrial uses din~ctly across Broadway Avenue (Lumberman's and Precision Design) which have regular seml-truck traffic 3. The smaller Tots and "quaint', quiet residential feel at thls end of Broadway are not compatible with a Child Care C~rlber that could have upwards of 12 kids playing throughout the tlay. 4. The open imgation ditch on the west property line could present a safety hazard. • Page 1 JUN 20 '00 12 18 2088886854 PAGE. 01 Tune 20, 2000 Ref: Tara L. Gorton conditional use permit for a small child care center. Dear City Council Members ~ECEivE(~ JUN 201000 City of yieridian City Clerk Office My first comment is the size of the house and number of children. The house is a little over 1000 square feet with only one bathroom.. The back yard fence needs repair and has access from the alley. I don't feel this is adequate or secure for a child care center. My second comment is of a selfish nature. I live two doors down at 436 E. Broadway. Both my husband and I are retired. We love the serenity of our home. I had hoped this issue would be resolved, in our favor, at the Planning and Zoning Meeting and my final comment not necessary. Our family is trying to recover from our granddaughter being molested. Justice was been served but I beseech this Council not to turn our neighborhood into predator territory. We are most unhappy with the possibility of a child care center so close to our home. Thank you for the opportunity to submit my testimony. Clarence d Pam King ~ ~_ ~~ ,~-:~ ~~ TO: City Council of the City of Meridian - (~ECEIVE[~ JUN 2 01000 FROM: Rick and Corrie Munson - 406 E. Broadway Ave. Meridian, ID DATE: June 19, 2000 ~ r~~'~~ `~ RE: Conditional Use Permit for Child Care Center -Tara L. Gorton for Child Care Center We are against the introduction of another business into our neighborhood. The entire South side of E. Broadway is commercial businesses: Lumberman's Building Center; Precision Craft (lumber), and Idaho Truss. Enough is enough. These businesses impact our lives every day and a day care center caring for 22+ children will definitely impact our lives with increased traffic, noise and parking. We would like to bring the following to your attention: At the last Planning & Zoning Commission meeting, the proposed "small" day care center wanted 12 to 24 children to be cared for at this house. There is no cap on the number of children, but Ms. Gorton, gave a proposed number of 22, plus her own two children. That is 4.5 x 22 = 99 car trips per day going past our homes. Including staff and the owner that's more than 100 cars going past our homes each day. This street is already used by semi-trucks at all times of the day, many times parked right in front of our homes. Plus drive-in traffic and foot traffic. In addition, we can hear Lumberman's loudspeaker inside our homes. As it says in the City of Meridian memorandum - #1 "it appears to staff that there is not sufficient space for parking..." This property and the property on both sides are very narrow lots. More than two cars parked on the street in the front would be an impact to the neighborhood. There is very little space in the rear alley for cars, especially in the back of proposed center. The large shed takes up much of the width of the property. To park across the street is inadvisable because it happens to be Lumberman's yard gate -directly across from the proposed care center property. The two properties to the west of the proposed center have open irrigation ditches that are full. It is extremely close to the proposed child care center's front door. Yes, Meridian wants to attract and support businesses in the downtown area, BUT the business needs to complement the neighborhood. This does not fit the physical requirements needed or support the families and individuals living in the already heavily commercialized area. Thank you for your time. We hope that you will not grant the permit due to the impact of an additional business to the neighborhood. ~ECEIVE~ JUN 2 p 2000 TO: City Council of the City of Meridian ~, p $ ~ ,_ r ,. ,, , ..1~~ ' ~~,.~;t DATE: June 17, 2000 RE: Conditional Use Permit for Child Care Center -Tara L. Gorton for Child Care Center We are against the introduction of another business into our neighborhood. The entire South side of E. Broadway is commercial businesses. These businesses impact our lives every day and a day care center caring for 22+ children will definitely impact our lives with increased traffic, noise and parking. This center could bring over 100 car trips per day. 3~ ~" ignature Address/City ~~,~ rte, ~~t,l~/ Printed Name ~~ j o ~, 1 o~clw~c ~,~~ ~, ~T d,~ ~~ Address/City Printed Name ature ~ o ~ ~ ,~~ w ~-~ Address/City ~ ~ ~~.. v~ ~~,,I,s Printed Name Signature 1So r ~ L~ • ~l i `Th '1~f ? ~. l ~C.1~o ,l~}y~. Address/City Printed Na ignature c; Printed Name ., RECD 2 0 2000 ,r.ian Address~/`Cityi ~ , ` ~~~~~~~ <9ffice- Address/City Address/City Address/City Address/City Address/City VE~ Printed Name i'`-. NOTICE OF HEARING ~"1 NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on June 20, 2000, for the purpose of reviewing and considering the application of Tara L. Gorton for a Conditional Use Permit for a small child care center for 12 and over kids at property currently in an R-8 zone located at 420 East 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 30t" day of May, 2000 ~~~~G ~~~~,,,,,,~I,ILLIAM G. BERG, JR., CI CLERK TFO s*4 ~~~ ~ `,fi PUBLISH June 2"d and 16t", 2000 ,,. ~~~L .~ ~, ~ ~ . ~~~r11i~dli it5;t19~~'v Q Q Q O IMi. W Z [. W = ~\, __%~ \ ~~~~~ -- - - - -- - ~ i ~ - _ _ - --- I I ~ j -~ T _~ -_ ~- -~- ------- -- ~ ~ F-~ ~ ~ I 1 ~ f ~ ~i _ ' - _ i i I r-- I 1 { , i ~ ~~ I ~~~ ~~ I ~ ~ ~ ~ -- J I I _L._ ~ ~ f ~ W The Idah ' ~'~~~~~~~~-~ui~ r o r, r. ,w Statesman : a ~~~~~ - ry - - P.O. BOX 40, BOISE, IDAHO 83707-0040 ~' 111 T i`~ ~^~ ^" n-n- LEGAL ADVERTISING INVOICE ; $47.64 Account Numberlrrans. # Identification i NOTICE OF HEARING -PLANNING AND 064514 244738 ' ZONING COMMISSION - TARA L. GORTON Ordered By P.O. Number Rate Run Dates WILLIAM G. ' BERG ~ NT MAY 5, 19, 2000 Estimated Inches I Real Inches CITY OF MERIDIAN ~ 31 LINES 33 E. IDAHO AVE #Attidavits Legal Number MERIDIAN, ID 83642 -2631 1 i' 7141 LEGAL NOTICE PUBLIC 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 Citv of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 6:30 p.m. on Mav 24, 2000 for the pur- pose of reviewing and considering the application of Tara L. Gorton fora condi- tional use permit for a small child care center 12 and over located at 420 E. 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 dur~ ~, ing regular business hours. A copy of the application is available upon request. Any and all interested per- sons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 28th day of April, 2000 WILLIAM G. BERG, JR., CITY CLERK Pub. May ~, i 9, 2000 7141 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 ~ odd skip insertion(s) beginning with the issue of MAY 5 2000 and ending with the issue of MAY 19 2000 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 19TH day of MAY in the year of 2000 ,before me, a Notary Pudic, pesonally appeared 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 statements therein are true, and acknowledged to me that she execu ed the same. r'Y Notary Public for Ida o Residing at: Boise, Idaho My commission expires: ~~~ ~' ~ ^ Meridian Planning and Z .~ng Commission May 24, 2000 Page 34 MOTION CARRIED: ALL AYES Barbeiro: I motion that we recommend approval to City Council request for conditional use permit for a planned unit development to construct second building on lot in IL zone by Terrace Plaza, LLC with staff comments. Norton: I second it. Borup: Motion and second. All in favor. END OF SIDE FOUR MOTION CARRIED: ALL AYES 5. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR CHILD CARE CENTER (12+ CHILDREN) IN AN R-8 ZONE BY TARA L. GORTON- 420 E. BROADWAY: Siddoway: This is a conditional use permit request for a child care center located at 420 East Broadway Avenue by Tara Gorton. It is an existing house that is currently vacant. The main issue to bring up here is off street parking. There is a gravel driveway somewhat overgrown. There are parking requirements for child care centers. They are one for every 10 children plus one for staff. I need to verify that. There has not been a maximum number of children placed on this permit. It is over 12 which requires it to be a child care center. The number of parking spaces that they need-it is really not know without knowing the maximum number of children they'll be approved for. The applicant should address that and talk about some site plan issues as to how that parking is going to be provided. That is all I have. Borup: Any questions? Steve do you know whether there is a maximum number of children (inaudible) square footage of the building. Siddoway: There is a fire code issue. There is not in the zoning and development ordinance. Borup: And not in the child care- Siddoway: Over 12 requires a conditional use permit is the extent of our ordinance. No maximum number based on square footage. Borup: Would the applicant come forward. Gorton: My name is Tara Gorton and I reside at 1155 S. Linder Road. I actually have not purchased the property. It is pending until the conditional use permit. There is a 20 x 30 foot area in the back for parking. I can get at least 3 spaces in there. I was going ~-.. Meridian Planning and : ding Commission May 24, 2000 Page 35 to reserve that strictly for staff parking. Concerning the amount of children, approximately -its 35 square feet per child, so I am going to be able to have at lease 22 children in there. That is what I am going to be allowed. That does not necessarily mean that is how many I am going to have. That requires at lease 2 spaces of additional parking and at least 3 staff members. The front of the building with the parking there is quite a bit of room for widening that driveway right there to accommodate a handicap parking area. There is some grass in front that can also be taken up in parking. I have a question on the pavement. It was brought to my knowledge I would have to have that paved. Is that concrete or cement or any specific type of material I need to have for that. Borup: Concrete or asphalt. Gorton: Okay. Norton: Do you have your day care license yet. Gorton: No, that is all pending. Norton: Are you a member of the Treasure Valley Association for the Education of Young Children. Gorton: No I'm not. Norton: Are you familiar with child care connections? Gorton: Yes I am. Norton: Are you caring for children at this point. Gorton: I have a small day care center in my home right now. I would like to get it out of my home and someone else. I have been working in child care facilities for the last 9 years. Norton: Do you have degree in early childhood development. Gorton: No, I'm just a mommy. Norton: My next question is repair to the fence and open drainage ditch in the back Gorton: The open drainage ditch was allowed for some (inaudible) of the irrigation and it is my understanding that that's not even connected at that time so there is a possibility of me being able to remove that completely. The fencing in the back, like I said I have not made any repairs to the building because I have not purchased the building. I am just currently renting it until this is approved. That would be a completely closed off fence. Central District Health required no more than a 4 in gap in any fencing. Meridian Planning and ~~ing Commission s-. May 24, 2000 Page 36 Norton: Are you familiar with the complaints we have, letters from neighbors that are not too happy with having 20 or 35 children in there neighborhood. Gorton: It is actually 22 and no I am not. I spoke directly to the gentleman who lives next door. He had no objections to it. Norton: Do you think it is fair to the neighborhood to bring in 22 children in a 1000 square foot house. Gorton: If you look at the property there is a huge lumber yard across the street with trucks and loud speakers. I think that would be a lot less desirable than having a few kids in the neighborhood. I am not planning on packing the center out to have a bunch of children. When you take a center and have 22 children, a majority of those children because I am doing all ages will be infants and then a couple preschoolers and after school care as well. It's not going to be like 30 kids in there at one time. It will be split up throughout the day. I am willing to be a very good neighbor as far as what they would want me to do. If they have a particular time of day they don't want the children out, I'd be happy to comply with that. If they want me to limit the amount of time the children are out or a number of children on the playground at one time, I'd be happy to do that as well. Norton: What are your hours of operation. Gorton: The hours of operation are simply going to be a 12 hour day. I have not decided if I will start at 6 or 7. Basically by 6 p.m. everyone will be gone and the center will be quiet. No evening or weekend care at all. Norton: Do these children include your own children or additional children. Gorton: I have 2 school age children and have a pregnancy and a small as well. At least for the majority of the day 2 of those children will be mine. Norton: Included in your 22. Gorton: Yes. Also I have one potential staff member who has a child as well. Borup: Any questions from the other Commissioner's. Barbeiro: Steve, could you go back to the floor plan please. A single bathroom for 22 kids and 2 or 3 staff. Gorton: I do have a plumbing bid. We are going to expand the bathroom to two toilets and a sink and then 2 additional sinks on the facility. That does not include the kitchen sink. I will have 2 toilets handicapped approved and a separate hand washing sink and a mop as well. .~. ~-. Meridian Planning and ~ `ing Commission May 24, 2000 Page 37 Barbeiro: Will they be two separate bathrooms. Gorton: The toilets right now are going to be in one bathroom. Eventually what I'd like to do is expand to use the back garage area. That is actually a shop and I would like to put a bathroom back there and have that additional classroom as well. Borup: Anyone else. Okay. Anyone here that would like to testify. Munson: My name is Corrie Munson. I live at 406 E. Broadway. I got the letter in the mail and it said a small daycare of 12 and up. I have seen small daycare's in residences and have never seen 12 but the idea of 22, that I just found out, worried me a little bit more. Residential is on the north side of East Broadway. The whole south side is commercial. As she stated, I am on the corner of East and Broadway, two houses away, and all of south Broadway is commercial. Lumberman's is across there at the end of Broadway. It does not go all the way through. We have so much truck traffic going on day and night. These businesses impact our lives. The idea of having another business such as any kind of business-enough is enough. It is a narrow lot and the additional parking-the alley is narrow and with that shed in the back there is not-it is hard to get our cars out of the garage. We also if you show the picutre of the front of the house, the neighbor next door and my self both have open irrigation ditches that we use to flow irrigate once a week and there is water in there 6 months out of the year. I am a young mother and am constantly on top of where my children are at because it is such a danager. I am worried that it increases my risk of having so many children in the neighborhood and risk of injury and drowning. I would have to get an awful lot of liability on my home and I would hope that you would not grant this permit because it is so commercial as it is right now and we are just trying to live as normally as possible. We love the neighborhood and have good neighbors. A lot are elderly. I have spoken to a neighbor next door and because of certain reasons he has a invalid wife and he is directly next door to the property. Thank you for your time. Borup: Any one else. Commissioner's any additional questions? Barbeiro: I move we close the public hearing. Norton: I second it. Borup: All in favor. MOTION CARRIED: ALL AYES Norton: I have a question for staff. Did staff have recommendations on this. Siddoway: I think there needs to be a scaled site plan submitted showing that the parking can be accommodated. It does not appear to us that those 5 or 6 parking spaces that would be required, could be accommodated. It may require some sort of • - Meridian Planning and ~ Ong Commission May 24, 2000 Page 38 variance and parking lot width. I think this width is dimensioned here as 15 feet. have a 9 foot wide parking stall ordinance. It is not enough width for 3 cars. We Borup: Any problem with stacking on the staff parking. It looks like it is 30 feet, so they could add a couple more feet to that and have-- Siddoway: I think it is 25 from here to here and minimum length is 19. You need a minimum of 36. Or submit a variance to City Council, but it does not seem like the required parking can be supplied. That is the main issue I see. Norton: I move that we recommend to City Council deny this request for conditional use permit for child care center (12 plus children) in a R-8 zone by Tara L. Gorton at 420 E. Broadway. Barbeiro: Motion and second, discussion. Brown: In the Comprehensive Plan for the downtown Meridian area under goal statements and policies it says to support these kinds of uses but it says to support them when they are compatible with the neighbors and the existing. That is where I see the problem. Maybe if the daycare was smaller it would be different. I will go along with the motion. Borup: All in favor. MOTION CARRIED: ALL AYES 6. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A MARKETING EDUCATION CLASSROOM TO ACCOMMODATE 2 NON- CONCURRENT CLASSES OF 25-30 STUDENTS IN A C-G ZONE BY JOINT SCHOOL DISTRICT NO.2-357 WATERTOWER LANE: Siddoway: Mr. Chairman and Commissioner's you have recently seen this lot come before you for approval of two buildings on one lot. This is to propose a classroom on the existing building on the front portion of the lot. The schedule of use control doesn't specifically list classrooms under any zoning district, therefore they have been required to go through a conditional use permit. Here is a site photo of that existing building on Watertower Lane in Central Valley Corporate Park. You have staff comments dated May 18th. We recommend approval of the application. Borup: Is the applicant here? Baxter: Mr. Chairman and Commissioner's my name is Jim Baxter, 1720 W. Pine Street. I am a vocational education coordinator for the Meridian School District. We agree to the conditions from staff for approval. i r"~ May 19, 2000 MERIDIAN PLANNING & ZONING MEETING: Ma 24 2000 APPLICANT: TARA L. GORTON ITEM NUMBER: 5 REQUEST: CUP FOR CHILD CARE CENTER 12+CHILDREN IN R-8 ZONE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE COMMENTS ~1~ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~~~~ ~~ iq ~ ~ ,ate ~,,,.~.~ SEE COMMENTS ~~~ ~~~ 1 ~~ ~~~ ~~~ ~J SEE COMMENTS MAYOR Robert D. Conie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deweerd Cherie McCandless MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 To: Planning & Zoning Commission, Mayor & Council From: Christy Richardson, Planner (~' ~- LEG AL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 May 19, 2000 Re: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER (12 OR MORE CHILDREN) at 420 E. Broadway Avenue by Tara Gorton I have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant is applying for a conditional use permit to operate a child care center in an existing single-family dwelling in an R-8 zone. The dwelling is currently used as a residence. The applicant is also proposing to convert the existing detached garage to a classroom. The "garage" is currently used as a storage building because there are no overhead doors to serve vehicles. The Ada County Highway District did not require any improvements with this conditional use permit. This type of use will generate approximately 4.5 vehicle trips per day, per family. LOCATION The property is generally located on the north side of E. Broadway Avenue approximately one- half mile east of First Street. It is designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES North -Single family dwellings South -Lumber yard East - Single family dwellings West - Single family dwellings GortonCh i IdcareCenter. CUP. doc ~ ~"1 Mayor, Council and P&Z May 19, 2000 Page 2 SITE SPECIFIC REQUIREMENTS 1. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. Daycare centers are required to provide one (1) space for every ten (10) children, plus one (1) space per staff member. Parking stalls are not delineated on the site plan. However, it appears to staff that there is not sufficient space for parking (depending on the number of children and staff) to accommodate the required number of spaces for staff and children, and provide an ADA space. 2. All off-street parking areas shall be paved in accordance with the standards established by the City. 3. Applicant shall provide for a fence of appropriate height/construction, to enclose play areas. The existing fencing is a solid, 6-foot high wood fence. The gates are inadequate and shall be repaired/replaced to contain children and operate efficiently. 4. Screened trash enclosures are to be provided in accordance with City Ordinance. 5. All construction shall conform to the requirements of the Americans with Disabilities Act. 6. Outside lighting shall be designed and placed to not directly illuminate any nearby residential areas, in accordance with City Ordinance. 7. No signage has been submitted, and none is approved as part of this application. 8. 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. 9. The child care center shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 10. Applicant shall provide for screening of adjacent properties to protect children from Gorton.CUP.doc ,-y ,•-~ Mayor, Council and P&Z May 19, 2000 Page 3 adverse impacts and to provide a buffer between properties. 11. Applicant must keep all outside play areas free of noxious weeds. 12. There is an existing deck in the back yard that is elevated approximately two feet off the ground. This area should be well maintained and free of any potential hazards to children. 13. A Certificate of Occupancy for the daycare is required prior to operation. 14. 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. Operator's license shall be on-site for City inspection at all times. 15. Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 16. 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. 17. 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. Gorton.CUP.doc MAYOR .••. HUB OF TREASURE VOLLEY „~ Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY COUNCI CITY OF MERIDIAN (208) 28x_2499 . Fa, 2~~_2501 L MEMBERS PUBLIC wORKs Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (~08) 857-221 I • Pax 887~t297 Tammy deWeerd (2~8) 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 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 12, 2000 TRANSMITTAL DATE: April 21, 2000 HEARING DATE: Mav 24, 2000 FILE NUMBER: CUP-00-026 REQUEST: CONDITIONAL USE FOR SMALL CHILDCARE CENTER 12 AND OVER ZONED R-8 BY: TARA L. GORTON LOCATION OF PROPERTY OR PROJECT: 420 E. BROADWAY SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~~ ~~ `-` `'` F.it.,~L~~ T r/ ,t +a~ /~/~.¢.acy.s~ ~•~'!~f°ir.2/~J SC: /~' L~ ~~- L L C ~~ 1~ ~' S t~ ~ ~ ~ ~ ~ c .~. GL OGLl2~ C GUGL C~ t~'CCt liirly Pcavov_florr Dro~i.-1.,.,+ - _ -' ~ -` ~ "' - Dave Bivens, Vice President Marlyss Meyer, Secretary Sherry R. Huber, Commissioner Susan S. Eastlake, Commissioner 318 East 37th Street Garden City, Idaho 83714-6499 Phone (208) 387-6100 Fax (208) 387-6391 E-mail: tellus@achd.ada.id.us May 10, 2000 7-~~ ~~~~ v L TO: Tara L. Gorton 1155 S. Linder Road SAY 1 5 2000 Meridian, ID 83642 ~~I'~Y' ®F ~ViE~I~IAi~ SUBJECT: MCUP-00-026 Childcare Center 420 E. Broadway St. The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. The ACRD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. However, ACRD receives many calls from neighbors of day care center concerning the volume of traffic and the number of parked vehicles near existing day care centers. Each parent typically makes two round trips per day (i.e. four one-way trips). The Institute of Transportation Engineers (ITE) data show that a typical day cares created 4.65 vehicle trips per day per student. The proposed 12-student facility can be expected to generate 56 total vehicle trips per day. All future design plans 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 in writing by the District. If you have any questions feel free to contact me at (208) 387-6177. Sincerely, Penelope L. Constantikes Development Analyst Cc: Planning & Development/Chron/Project File Planning & Development Services-City of Meridian Matthew Twomey 2420 McKinney Boise, ID 83704 CENTRAL •• DISTRICT `i~'HEALTH DEPARTMENT Rezone # ditional Use CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Preliminary /Final /Short Plat /~~s~ l ~o~/S =/~ 2 Tnn~ Return to: ^ Boise ^ Eagle ^ Garden City Meridian Kuna ^ acz ^ I • We have No Objections to this Proposal. ~- ~UU~ ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4• We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 3. 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. ~/~/9Sf Li~.,~~~~ S~ ,4-.~ S rnin vivS e ~ ~ L~~s~iicl`- Date: ~l d~ /Oo P ~' ~' R era /~ ,~eof ~~,- i"p.c«~~~.,.~t-t ~vi- ~/il~,~i^~ Reviewed By: _ ~~~/~~/'~ CDHD 10/91 r~. rev. 7/91 Review Sheet May 24, 2000 Ref: Tara L. Gorton conditional use permit for a small child care center. Dear Planning and Zoning Commission My first comment is the size of the house and number of children. The house can't be over 1000 square feet with only one bathroom. I don't feel this is adequate for a child care center of that size. My second comment is of a selfish nature. I live two doors down at 436 E. Broadway. Both my husband and I are retired. While working in the yard this morning, I realized how much I will miss the serenity of the neighborhood with only the sound of birds, squirrels and an occasional dog barking. We are not pleased with the possibility of a child care center so close to our home. Thank you for the opportunity to submit my testimony. Clarence and Pam King ~, ~~~' ~,.~,~' ~~~{v~ z MAY 2 4 2000 City cif 1`~I~ riclian City [;lcr~ Office Piz ~-,~~ ~~~'~~~ T0: Meridian Planning and Zoning Commission '1 AY 2 ~ 2000 FROM: Rick and Corrie Munson - 406 E. Broadway Ave. Meridian ~' ~ ~ Z ~ DATE: May 24, 2000 ~.~~ ~'~'tt,,titi,v~.~ ` ~ ~ i ~ c~~~~ RE: Agenda Item 5 -Conditional Use Permit for Child Care Center -Tara L. Gorton We would like to bring the following to your attention: This property is zoned for residential. We are trying to have "quality of life", in spite of Lumberman's Building Center, which is directly across the street from us, and Precision Design (lumber) is down at the end of the street. We are already subject to semi-truck traffic and drive-in traffic to both of these businesses, plus Lumberman's loudspeaker that can be heard throughout our home. These businesses impact our lives every day. 2. This "small" day care center is proposed to add an additional 56 car trips per day past our home. And the application says for 12 or more children, which means possibly more car trips. 3. As it says in the City of Meridian memorandum - #1 "it appears to staff that there is not sufficient space for parking..." This property and the property on both sides are very narrow lots. More than two cars parked on the street in the front would be an impact to the neighborhood. The property does not have a garage or paved driveway in front. And there is very little space in the rear alley for cars, especially in the back of proposed center. The large shed takes up much of the width of the property. The alley is already busy due to neighbors accessing their homes at the west end of the block. To park across the street is unadvisable because it happens to be Lumberman's yard gate -directly across from the proposed care center property. 4. The two properties to the west of the proposed center have open irrigation ditches that are full. It is extremely close to the proposed center's front door. If a child drowns or is injured is the day care operator liable or the neighbors? Thank you for your time. We hope that you will not grant the permit due to the impact of an additional business to the neighborhood. 05/23/2000 06:32 2088885052 h1,~1'OR Rol)CI'[ D. Ct~1TIC CITI' COUVCIL MEMBERS Run Anderson Keich Bird Tammy deW"eerd Charie McCandless 33 EAS?IDAHO MERIDIAN, IDAHO 83GJ2 (205) S86•a-433 • Fax 1208) SS7-.1813 City Clerk Ot'fice Fae (208) SS8-<L21S PAGE 02 LEGAL DEP.4RT)41ENT (2Q5) _'85.2199 • Fc.e 281.25111 PU13Li(; WC)Rhti 13U1LDING <7EPARTMEVT PLANNING AND ZONING DEPARTMENT (208) 38~t-5533 • Far 8,f~-G~S.t TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITX OF MERIAIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 12, 2000 TRANSMITTAL OATS: April 21, 2000 HEARING DATE: May 24, 2000 FILE NUMBER: CUP-00-026 ` REQUEST: CONDITIONAL USE FOR SMALL CHILDCARE CENTER 12 AND OVER ZONED R-8 BY: TARA L. GORTON LOCATION OF PROPERTY OR PROJECT: 420 E. BROADWAY SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/2 KEITH 80RUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT -,(SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) AOA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATfON DISTRICT SETTLERS fRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL) YOUR CONCISE REMARKS: - -. , l~C~~D MAY 2 3 2000 ~>, s ~~z MAY 23 '00 06 38 SANITARY SERVICE .-~ HUG OF 7-REASURE V~LL~}` A Guod Pl~~ce to Live CI~''Y 4F MEI~IDIA~t 2088885052 Pcar,F tai %' MAYOR HUB OF TREASURE VALLEY Robert D. Corrie .-~ A Good Place to Live '~` LEGAL DEPARTMENT CITY COUN ( ;ITY OF MERIDIAN - (208' Z~g-'a99 ~ Fax 288-2501 CIL MEMBERS . Ron Anderson 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (2O8) 867-2'21 I • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 387-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6853 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 12, 2000 TRANSMITTAL DATE: April 21.2000 HEARING DATE: Mav 24. 2000 FILE NUMBER: CUP-00-026 REQUEST: CONDITIONAL USE FOR SMALL CHILDCARE CENTER 12 AND OVER ZONED R-8 BY: TARA L. GORTON LOCATION OF PROPERTY OR PROJECT: 420 E. BROADWAY SALLY NORTON, P/Z MERIDIAN SCHOOL DISTRICT KENT BROWN, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT RICHARD HATCHER, P/Z COMMUNITY PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHERIE McCANDLESS, C/C IDAHO POWER C0.(PRELIM & FINAL PLAT) ~~tTAMMY de WEERD, C/C V WATER DEPARTMENT SEWER DEPARTMENT '(h: SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT.. POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER ~.~ APR 2 ~ 2000 CIZ`~ ~~ 1~~~~~ ~1 U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS' q,- S' APP 2 5 2000 Meridian City Water Su~rriritendes! RECEI~/ED .~. s ,T ~L~ V ~~ (.~VU ~fia & ~1Ze~udiaat ~~rnigat~ooi ~cv~z~ct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Will Berg, City Clerk Meridian City Hall 33 East Idaho Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: CUP 00-026 Conditional Use Permit for Day Care for Tara L. Gorton Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above-reference application. Sincerely, ~~~ Bill enson, Asst. Water Superintendent NAMPA 8~ 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 May 1, 2000 '[0'3JHd bbL0b8880z SS:St 00~ LZ ~Idti ,•-• ~., MAYOR Robert D. C~rric CITY COUNCIL, MCMBERS Ron Anderson Kcith Bird Tarnmy deWeerd Chair McCandless f/UB OF TREASURE V,4LLEY A Good Place to Live CITE' OF I1/IEI2IDXAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 883-aa33 • Fax (~OS) 387-a3 t 3 City Clcrk 011'ice Fax (203) 3fi8-y218 LEGAL DEPARTMENT (20S) 253.2:199 • Fa.e 2S~i-25ot PUQLIC WORKS BUILDING DEPA(t'CMENT (20S)SS7.2211 • Fax 357-1297 PLANNING ANp ZONING DEPAR'T'MENT (20S) SSd-5533 • Fix 58S-6554 TRANSMITTA,~: TO A.GENCrES FOR COMMENTS ON DEVELOPMENT PROJECTS WITI1 THE CITX OF 1VI;ERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 12, 2000 TRANSMITTAL DATE: Agri{ 21, 2000 HEARING DATE: May 24, 2000 FILE NUMBER: CUP-00-026 REQUEST: CONDITIONAL USE FOR SMALL CHILDCARE CENTER 12 AND OVER ZONED R-8 BY: TARA L. GORTON LOCATION OF PROPERTY OR PROJECT: 420 E. BROADWAY SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBElRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRO, C/C TAMMY de WEERD, C/C ~ATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER w~~ MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER G0.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM $ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCI REMARKS: ,,,.~ HUB OF TREr1SURE VALLEY MAYOR Robert D Cowie A Good Place to Live LEGAL DEPARTMENT ~ . CITY OF MERIDIAN ~~os) zss-za~~ • Fax zss-zsol CITY COUNCIL MEIvIBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (zos) 8sz-2211 • Fax 557-1 297 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 885-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 12, 2000 TRANSMITTAL DATE: April 21, 2000 HEARING DATE: May 24, 2000 FILE NUMBER: CUP-00-026 r REQUEST: CONDITIONAL USE FOR SMALL CHILDCARE CENTER 12 AND OVER ZONED R-8 BY: TARA L. GORTON LOCATION OF PROPERTY OR PROJECT: 420 E. BROADWAY SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT IRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR ISE REMARKS: ** TX CONFIRMA7i~N REPORT ** AS OF MAY 15 '0b 1701 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 29 05115 16 59 PUBLIC WORKS 30 05115 1700 2068886854 MODE MINiSEC PGS CMD# STATUS OF--S 00'16" 001 071 OK EC--S 00'25" 001 071 OK / ~ /• dci our2~ _~L l~wcL u ~L~ ~NLC O Judy Peavey-Derr, President 318 East 37th Street wave oivens, vice rres~aen~ Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd,ada.id.us May 10, 2000 TO. Tara L. Gorton ~C~~L 1155 S. Linder Road Meridian, ID 83642 MAY i 5 2000 CITY OF MERIDIAN SUBJECT: MCUP-00-026 Childcare Center 420 E. Broadway St. The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. The ACRD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. However, ACRD receives many calls from neighbors of day care center concerning the volume of traffic and the number of parked vehicles near existing day care centers. Each parent typically makes two round trips per day (i.e. four one-way trips). The Institute of Transportation Engineers (ITE) data show that a typical day cares created 4.65 vehicle trips per day per student. The proposed 12-student facility can be expected to generate 56 total vehicle trips per day. All future design plans 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 in writing by the District. If you have any questions feel free to contact me at (208) 387-6177. Sincerely, ~~ ~ ~~~ Penelope L. Constantikes Development Analyst Cc: Planning & DevelopmentlChron/Project File Planning & Development Services-City of Meridian Matthew Twomey 2420 McKinney Boise, ID 83704 .....f ~ertifiied Mailing Return Project Name ~t~~ ~~~;~ File No(s) ~~:,C/%' ..,, 420 E. BROADWAY (CUPS PROPERTY OWNERS WITHIN 300' HUMPHREYS JOHN M & HUMPHREYS EMILY 3050 CENTENNIAL CRT HOWELL MI 48843-8837 408 E IDAHO AVE DWYER EDWARD LEE & DWYER NANCY KATHLEEN 421 E IDAHO AVE MERIDIAN ID 83642-2639 WESTBY ELENITA 416 E IDAHO AVE MERIDIAN ID 83642-0000 JACOBS YVONNE MARIE JACOBS CODY THOMAS 426 E IDAHO AVE ~~ ID 83642-0000 DEBOER DOUWE V JR & DEBOER RUBY K 506 E IDAHO AVE MERIDIAN ID 83642-2642 PEENING ALAN J & PEENING SHELLEY 432 E IDAHO AVE MERIDIAN ID 83642-2640 DUEROCK WALTER V 11950 W AMITY RD BOISE ID 83709-5057 438 E IDAHO AVE MARCH RICHARD A 325 E IDAHO AVE MERIDIAN ID 83642-0000 WHEELER LOREN 333 E IDAHO AVE MERIDIAN ID 83642-2637 PARKS LARRY & AUDREY TRUST PARKS L D & A L TRUSTEES 726E 04TH ST MERIDIAN ID 83642-0000 SMITH KARL V PO BOX 2292 WRt~NGELL AK 99929-2292 417 E IDAHO AVE BOGGIS GARRY L BOGGIS CONNIE J 731E 5TH ST MERIDIAN ID 83642-0000 MATTHEWS DONNA 503 E IDAHO AVE MERIDIAN ID 83642-0000 FUHRMAN KENT A 1737 E SUMMERFALLS DR MERIDIAN ID 83642-5580 509 E IDAHO AVE 513 E IDAHO AVE WIPPER WALLACE J & WIPPER CAROLINE R 11919 CAMAS ST BOISE ID 83709-1125 720E 05TH ST MARKS L H & BEULA TRUSTEES 10373 TREELIKE ST BOISE ID 83704-6332 330 E BROADWAY AVE PAULIN BENJAMIN G 336 E BROADWAY AVE MERIDIAN ID 83642-0000 HORTON G RICI IARD PO BOX 910 ` MERIDIAN ID 83680-0910 342 E BROADWAY AVE MUNSON RICK A & MUNSON CORRIE H 406 E BROADWAY A~~ MERIDIAN ID 83642-0000 (n Q 3 .y_rr ~ 1 1 Q ~ Z W V V ~ 3 ~Q _. o. m ~ m ~`•.__: l D 'O co n m m ~a ~, Wz a~ vQ - `~ N 0 o~ v- N t~i1 0 r n m 0 0 v :~ m ID '~ ~ D :? A 5 0 W C ~j~cc~Di m a c m y m s d d + > N m C_ ,~.. ~oci'mQ~a ~ m_.m`~~D~~ fD -'3 ~. racy m ~ Ww~oocd ~:m o go m ~ c 1 ~ o m m ~ . ~ a m .o ~ o ~ 3 3 ~ l7 p ~ O OJ C °<°-' ~m m 3~~ ~' d~ocN~o fo 3 $oa m w ~ o ~ c ~ ~' m g?m c3~mo. m ~ 7 ~ ~ ~ 3ro-oocm ~ o m ~ ~ o m_.amm3 3 ~'m'm ~ c y o;yi• an 7 ~ 7Ip ~ m g m m a m o o 0 3 y m 0 ~ ~m 3 ~0 3 J Al f0 C d - a~ ~ 3 •y ~ofDO,o ~ ao coo w ~~~ ~ ~ ~ ~~ Ha~nv~n ~a~'-wed. .~n~.~~- 00~ ~~ -- ~ po ~'.2m ~O ~ 3 ~ 3 ° mo.~C om.~o9 cn ' ~ ~+ 3 a~Dyy~3 d~~,~~~ am ~ °'.y.~ w~E3"'~. N N _ . O. j ~ O `~ D d m uSi ~'o o ~~ ammv~,'~v m m m f(~., II .~ ~N I -` I~ I~ I~ I V I~ I~ I~ I W N j ~ °,aZ ~, a ~ -~ ~ Q' ~ (~ d y ay ~ . ~ ~ c D .~ ~ n~ m m S ~ ~ ~ ~ ~' ~ ~ ~ r ~ `T ~ ~ ~ r ~ ~ Qp~ x ~ GZ~ TT V' rn D ~ ~ D ~ ~ /My~ W !~ O p D -~ < ~ 3 J ` ~N N 3 n z rrz~~ -G ~ rn ~ N ~ D g° D 3 ~ ~j L c p1 rn W O v ~ = ~ ~j Z ~ ~ O v G ~ ~ ~ D ~ ~ 3 ~ ' ^ -V-,~ C ~ ~ ~ w ~ ~ T~ V ~ ~ ~o ~ y cv~' -1 a y Z a o n y 0 i.~ m _~ '~, I A O m v a Z ~°~, ^~^ O ~ c>g~m~ m p c ~ ~.~ N y (D ~ O. N fn (D [p ~' O a m phi ~ ^~~^ v~~~ c>~ ~~?_ d c ~ ~ n ~ m m~ 3 0 ~ m - .o 0 D ~ ~~ O ~w n p m `Q w ~ ~- ~ m m ~ w n G y N w ~ m o. ^^ ~ ~ n m O~ z g ~~ ~ ~ o c ~ ~. c °- F ~ .. Q ~ ~ a m ~ N m n ~ ~ y ~ Q O n X~ T ~ _ ~ ~ N mn a~~ a~ ~ m=~y W.O ~ -„ (D O ~ A _. ~1 ~ ~.. W O ~ 0 ~ ~~ ~ C. U m ~~'~~~ m O Z a `° A 3 ~ y m ~r r r.. 0 3 w v V D v co r~ m m ~ ~ _ W _ N -+ p CO QJ v ~ Ul A W N 1 r °_ z `° ~Q fD m 7 • e. n o m ~ ~ ~ m 4 (~ " \ 1 c D ? Q y ~ (~ m m Q '~ ~ ~ J L ~ o ~~, T c D WO p cn n y O Z ~ v Z ~ (n W N W ~ 3 ~~ w c m rn N V W U1 ~-- i -v m c !~ T ~ ' a y C O o `~ 3 a ~ a ~ m • y ~ -• T D ~ o rr (~ ~ $ v ~ m C ~ ~ a ~ t m ~ m m ~ ~ O m a ~ ~ - = m ~ 3~ m >~~~ ma o~m m ~ Q l ~ ~ C ~ w '- 'N ~~ o m c m w,~oo c 0 -:m go i°~-Imo ~ y y ~ = O O _ ~ 3 l C y o k°Om ~ Dn o N ~ C 0 ~ W i 1 t V V t n n t 0 d z o_ Z <D 3 T i i I 10 ~ 3 ofO ~ m W -'~ °~ 7 m' C ° m m ~?m ~.a3~1D ° m ~~ ~ o ~ j~ O c m ~ m ~ 3 7 O m C 7 O m _. ~ fD m 33'm'm~^ ' ~ ~ ~ ~ ~ v y a m x a ~°0°3~' d O O X N (D O y ~ y m N C ~ -. m m ~ a 0 tO~m°~~m ° _, n m c r°, w y 3 ~ 3 ~ c y ~ ' m m m c~ ~ ~ a v~=wow n~.~ ~. n~ ~ fie' o ~ 3=m~~ p0='~ya5 y' c 3 !D y a~~yw3 nm ~ _N ~ mm~~N2. = ~ 0~7 ^y~~~oa m mod m ~~a.o m a~'mm~m o, D Z a 01 N ~~~ ~• y 7 ~ y d ,I rn v a z ^^^ ^ c~g7omx o~~~~ a m y ~ ~' O d 3 a~ ^^^^ v~~~ -~.. C coo ~3 •° n ~ o ~ m ~ a 0 m n a N n ~, ~ m ~c- cp N N •• 4 N ~ ~ ~ ~ Q O n X ~ fn O. ~ ~ a~ ~ Do ~~m ~ ~ y ~ O (D m ~ ~ ~ ~• y. O' 4 ~ ~- a ~` a ~~ ,~~, KINNEY CLARENCE KINNEY LORRETTA 412 E BROADWAY AVE MERIDIAN ID 83642-0000 TWOMEY MATTHEW 2420 MCKINNEY ST BOISE ID 83704-6016 420 E BROADWAY AVE BYE DEANNA L 428 E BROADWAY AVE MERIDIAN ID 83642-0000 E BROADWAY AVE KING CLARENCE D & KING PAMELA 436 E BROADWAY AVE MERIDIAN ID 83642-2628 HALL ROBERT T & NANA AND BALFOUR GORDON L & DIANA L ROUTE 1 BOX 103B GLENNS FERRY ID 83623-0000 714E 05TH ST O'KEEFFE CORNELIUS E & O'KEEFFE SALLY ROSE 4754 WILLOW LN BOISE ID 83703-4350 508 E BROADWAY AVE CROW DANIEL L CROW DEBORAH 704E 05TH MERIDIAN ID 83642-0000 OREGON SHORT LINE R R CO 1700 FARNAM ST S FL 10TH OMEHA NE 68102-2010 r O n ~ ~ ~ .p co N 1 ~ rn a 3 ~ r~ 1 1 1 N ~ O O ~ J N G.y m cJ) ~ ~ Cn ~ W ~ cow a o °. Z W ~~ ~ . ~ N Q O4 ~ a ~ m°- ~ ~m ~ ~ J ~ ~ ~ ~ ~ p ~' oo v ~ ~ ~ ~ a n 77 '"~ ~ m ~ O N ~ m m Z Z m ~m m 1 mQ ~ c 3 y~ o -~ b ~ -° ~„ w °' ~ 0 ~~ O _ ~ w ~ ~ ~ `~ ~ ~ ~ ~ ~ w a 3 N ~ N .~ o ^0~0~ r ~ O ~ N A N~ x F n ~ 3 0 C ~ ~ ~ (~ /~Ow ~ d (D N CD p ~ O a '~O ~ m ~ ~ N O. ~ m 1D ~o 00 ^ ~ C{`O '~ `° (~ -1 a °~mcDo ~ o ~ - ~ c fD cD VV n w n (~D co' ~ ~ ~ Na 7"n.9 A ~ t~ ~ ~ N w - 0 7 ~ 31 .~` _ ~ o ~ ~ ~w n o ~ ~< ~ ~ ~~p~a.o ~ ~ w m j m 3 N m m y ~ ~ ~ `° O o"d vWi~omc m d _ N - 7 ~ O. O f1 N O' A W N N N O n ~ j (D ~ y`,3m~c.3~~ ym co ~ 7 p~~~Opo ~o ti ~<o w ~ R . °. v o` ~ o w o ~ ~ ±o c ~ ' ° ^^ m 71 N NC OI N N n~ Z T` ~ ~~ 3 0 0~ OO 7 p C ~ 41 mw~oyc, a m o,$Q m 3 m o m 'a3vmn c a`t. Q 5 ~ m o ~ m mm~~n T~ ~- N 3 yv coi 3~=-' X37 ~ ~ ; ~ o a N O Q N N~ N~ ?~ N ~: 3~D.~o~ mn ~' x 3y^'y 1Daci 6~ N N w ~~~N"~m'n mN new m m o o x m n a 8 3 N np 0 x. N~ T~ ~ O 7 Q N < 3 °: m= a y W O ~mmc~o ~ (D ~ w~,3 w.o p ~ o -~ ~ N 7 ~~ m 0 ~ 7~' ~. N N ~ 7 a N ~~ ~ ~ !31 N= C 3 ~ 3 a ~cm,~~~ `m°v~.Q ~~~ m - o. ~ N a~ m ~ 3 . v 3 w y~ w va~?~- ~ n -~ m -i 0 0 0 0~ m ~~°~°3 ~m~ ow.~~~~ ~ =m m 3 m c j. ~ ~ N N ~ 3 T y j O1 ~ N O. N a m 7~ N N 7~~ C 3 di7 Dd~~o~ 7 p3j N N A a T O W v V -o '` y~ s 1 ~ N 1 O ~ ~ 1 m d aZ ~ c ~ Q m ~ m o 'o m ~o ~~ O. C /~ ~ N v~ N ~ ~D A N fo N N N Z Ct ~ ~ n O 0 m ~ ~ ~ a 0 m m 1 ~r S' 1 ~ ~^ p~j O N N~ ~ ~ 7 ~ 3 C n ~ p m ~y ~ m m c pl 7 a ~ ~ Qm a r~ ~ ~ ~ N fD ~ A ~ W.-~Ol yi~±N d N ~ ~ ~, 7 0 N ~ 3.O < N n ~ W O O C 0 o x. m ~3 ooa mw~ yS. >>`D~mn .o,3v ~~'.m o ~ 3 i~~c>v 3 c o'ow~~o ~ vmN3 33c°.~c H N (D ~. f1 ~+ w~<"mm'c ~ o d ~ O X,~ ~ y ~ m c ~~ m m ~ o c so ~ n~ ~~ ~ 3 i N 6 ~ ~ ~ 1 ~~~; 8 vafQm ~~~ ~o~~o '~3^'m~ 0 O ~!. JN~ N C O. N fCd N 7 mgdwc~ nm'~ _y C 3 ~ w ~ m ~ o -o`er ~- D=~~o ~~mm~ a~•m m ~ r p Z O I c0 I~ I v ~ ~ ~ W N i m ~ ~' m bb oo J Q ~ ~ O y v `A`~` ~~ V v~ -~ ~ ~ `~. d W N d ~' e~rna Z . ~ 3 m m ~A' ,v ~J CC a a N Z w 3 m ~_ (D t^ ~ / n _ C o 3 n V d N ~ rn w ~] y ^~~ ^ ~ V- f~ n j ~ X F (D ~ ~ ~ C ~ ~ ~' N N Q (D fn O ~ w - °~ 3 ~ w. ~ o~ N ~=~.i: ~~~~ .~ w p. ~ ~ o. 7J m ~ ~ _ m ~ 3 fU ~ O 7 _ C1 ~w o cp ~ ~ w ~ `- c ~ m ~ a N N N N a o ~ ~ n ~. c ~ ~' N n N n~ ~~ ~~ O y 6 y ~ a c fD ~^p ~ 7 m O c °'`L. Q m 77 °" ~ 9 N ~ ? ~ N ~ n N (A ~ ~ K 6 -, W m -nom =c~ ~_w ~ ~ ~. (j . N '~ ~ N ~ O ~ ~ N m = (p y ~ O N T ~ W O ~ ~; ~ iU fn ~ C ~ v -* 3 f/1 .~