The URL can be used to link to this page

Lawrence, Wendell and Kasha RZ 00-004_. __ _ .. ~w ~ ~ ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report 737 N. Linder Road Childcare center MCUP-00-046/MRZ-00-004 An application has been submitted to ACRD for approval of a child care center. The application has been referred to ACRD by the City of Meridian for review and comment. The applicant is requesting a rezone from I-L (light industrial) to L-O (limited office) and conditional use approval to operate a child care center for up to 48 children in an existing office building. The 0.34-acre site is located on the west side of Linder Road approximately 125-feet south of Pine Street. This development is estimated to generate 200 additional (20 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. rr3.. Roads impacted by this development: Linder Road ACRD Commission Date -September 20, 2000 - 12:00 p.m. ~:~~ ~~~ ~< . ~:u~ ~~~~ ~.,.~ MCUP00-0046.cnu» Paee l ~~ ~_.,,• ~? T .~ ~-~ ~ ~ ~ ~ i' ,.._ ~ i j ® ~~ _.___ ~ tiff ~. .C - i~ . _ •--- j ~ _ -~ ~ fie- ~ ~ j Q9 i ~ --- j I ., I ~~ 1 ~ ~ ~~ l ~ - , ~ ~ ~-~ ~, _______ ___ ___. _ y~~., _ _ i _. __ . • -v ~ - - -- - ~ -- ~_~ _. __ ,-_____~- ~ .B ~~ i6 i5 14 I ~} 12 I -- ~ r , ~ II 2 -r--' O _, i Q I i J j • ^- ~_ f. t I I .' J-~ Y T~!~~-N-OR Ic I C. ` ~i I _ ice: 17: , u ~z ~ 3 ~ ~' ~1,~0 j •', _ ` \ l f /i6 \ ~ 16~ o ~\^9 ~~ i7~ x~~C` _ `J Z' lO 6 N I 1'~~ B q ~ 9 ¢ J I. .,~ ~~ \ ~. J I' 7 i I SNY",',ER GR '-'-- ~ - -- -- r .--(~ I• j.; I . ~--_. ~... ~ I 27 22 2i i~ ~ ~ ~ ' ~ ~ ~ ~ct l l ~C aC( -~®~ =~.. - 6 S fQ. 3 ,,~ E 0 ~ .. -' , G . _.... , .... G ~\ \: E R G012~ .,~,- ~~ p1~~1n9 • PS'"_ .. _ _ ...._ . _..__... - 7- ' ~.' ~ '~ ~ '~;--~ L . -~ ' '~' ~~ - ..,: ~\ \~~ - \~\ ~.f ~ -j -'- --- / - -- --- " --~ - - - 1 ~ . 1_ _~_ ~,_- .._. r-~~ !- Facts and Findings: A. GeneralInforn~ation Owner -Steve & Linda Eisele Applicant -Wendell & Kasha Lawrence 1-L -Existing zoning L-0 -Proposed zoning 0.34 -Acres 1,500 -Square feet of existing building 272 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Service Area ._.~> Meridian -Impact Fee Assessment District ~:,., u=.~.~ Linder Road Minor arterial with bike lane designation Traffic count of 7,589 on 1-6-00 Better than C-Existing Level of Service Better than C-Existing plus project build-out Level of Service 135-feet of frontage 75-feet existing right-of--way (45-feet west from centerline) No additional right-of--way required Linder Road is improved with 2-traffic lanes with no curb, gutter or sidewalk abutting the site. Linder Road is listed in the District's Five Year Work Program for construction to a 3-lane street section with curb, gutter and sidewalk in 2005. The owner of the property previously dedicated right-of--way on Linder Road to total 45-feet from centerline. The previously acquired right-of--way is sufficient for the proposed roadway widening project, and no additional right-of--way is required with this application. B. On August 28, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On September 1, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years o(d are not allowed unless approved. in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. Request for Modification: District policy requires driveways on Linder Road to align or offset a minimum of 150-feet from any existing or proposed driveways. The proposed driveway, located 63-feet north of the south property line, does not meet the required offsets for driveways on the west side of Linder Road. Staff recommends the indicated modification because the site has insufficient frontage to conform with District policy. MCUP00-0046.cnun Paee 2 E. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveway at least 30-feet into the site beyond the edge of pavement of Linder Road and install pavement tapers with l ~-foot radii abutting the existing roadway edge. F. District policy states that direct access to arterials and collectors is norn~ally restricted and that the developer shall try to use combined access points. In accordance with District policy tl~e applicant should be required to provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the ` parcel to the south if they are the subject of a future development application. G. This section of Linder Road is listed for widening in the Five Year Work Program. In lieu of _„~ constructing a sidewalk at this time, the applicant should provide a $2,700.00 deposit to the ,.~,.u Public Rights-of--Way Tnist Fund at the District for the required street improvements of approximately 135-feet of 5-foot wide concrete sidewalk on Linder Road abutting the parcel. The property owner has indicated that when ACHD purchased the additional right-of--way in 1996, he entered into an agreement with the District regarding the constniction of sidewalk and that it would not be required. The right-of--way dedication in 1996 was not associated with a ~~, conditional use permit or site plan review, and sidewalk was not a requirement because ACHD did not review the site as a development application. Staff has not found any documentation regarding an agreement, and recommends the road trust deposit at this time for the sidewalk. ~. :`" H. The existing transportation system will be adequate to accommodate the additional traffic ~-~~°~- generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Site Specific Requirements: «~~ . ' l . The proposed driveway on Linder Road, located 63-feet north of the south property line, is '~~~"` approved with this application. Pave the driveway at least 30-feet into the site beyond the edge ~- of pavement of Linder Road and install pavement tapers with 15-foot radii abutting the existing ~:,.. , ~- roadway edge. 2. Provide a recorded cross access easement for tl~e parcel to the south to t~se this parcel for access to tl~e public streets prior to issuance of a building permit (or other required permits). Provide a $2,700.00 deposit to the Public Rights-of--Way Trust Fund at the District for the required street improvements of approximately 135-feet of 5-foot wide concrete sidewalk on Linder Road abutting the parcel. Other than the access point specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. N1CUP00-OOa6.cnun Paee Standard Requirements: _.~ 2 ~~~~. F k,._ 3 ;~ Y A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The request shall specifically identifv each requirement to be reconsidered and include a written explanation of why such a reau~rement would result in a substantial hardship or inequity The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACRD Commission action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests ~~bmitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identifv each requirement to be reconsidered and include written documentation of data that eras not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with al] applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utiilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 3'he applicant shall be required to call DIGLINE (1-800-342-1585) at least two filll business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. MCUP00-OOa6.cmm Pa~~e 4 S. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to . obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with al] n~les, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ~: ~~ ~:~.. tT~F.. 1. ACRD requirements are intended to assure that the proposed use/development will not place an ~,,.. undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted bv: Commission Action: Planning and Development Staff MCUP00-0046.cnu~i Paee ~ September 7, 2000 RZ-00-004 MERIDIAN PLANNING 8~ ZONING MEETING September 12, 2000 APPLICANT Wendell and Kasha Lawrence ITEM No. 3 REQUEST Rezonin~of .55 acres from I-I to L-O for a proposed licensed childcare center for 48 Children Linder Road and Pine Avenue at 737 N. Linder Road AGENCY.;.-_::•: _, COMMENTS _ ~~ CITY CLERK: CITY ENGINEER: See Attached CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY: CITY POLICE DEPT: See Attached CITY FIRE DEPT: See Attached CITY BUILDING DEPT: CITY WATER DEPT: See Attached MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: See Attached NAMPA MERIDIAN IRRIGATION: See Attached SETTLERS IRRIGATION: fDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached from Sewer Department and Sanitary Service Contacted: Date: Phone: r•, Materials presented at public meetings shall become property of the Cffy of Meridian. ~' vl~t ~I: _~ G<K.~d Placc to Live ~ I~ ,i,crt t). Comc CI'I,~ ~: . i" . C~ ~,Y OF MERIDIAl~ ~ ~I;NCU. nll~:nIB4RS Rcni:\ndcrs°n 33 EAST IDAHO Kith Bird ~ff?RIDL'~N, ID.-~HO 83642 '1'atnmv dcAC/ccrd (208) 888-4433 ~ P,AY (308) 887-~l813 City Clcrk Ofhcc Fax (208) 888-4218 MEMORANDUM: To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City En ineer ~~ Brad Hawkins-Clark, Planner ~~~ X308) 388-'-499 • I~i~ '88-^_501 PUBI.]C \r~olzKs BI~TI,llING llL:P:\R'1"~tl-;N f' (308) 887-Z~11 ~ FarS87-1397 PI,:\ivl~iiNC:: \NI~ ''/_ONI NC; DF'P,~\R"I'~IFNI' (308) 884-5533 • F;\X 888-6854 September 7, 2000 .~C~ sE z~Z~ P ~ ~ Z~~O rc3 tY of ..jty ~1~ k~® fjCs Re: Request for Rezone of .55 Acres from Light Industrial (I-L) to Limited Office (L- O) with a Conditional Use Permit for a Childcare Center for Up to 78 Children by Wendell and Kasha Lawrence. (File#RZ-DO-004 & CUP-00-04~ We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY The Rezone application proposes to rezone a .55-acre parcel at 737 N. Linder Road from its existing I-L to L-O. The Conditional Use Permit application proposes to convert an existing wholesale office building to a childcare facility. The existing center would accommodate up to 48 children but, with the proposed improvements, the applicant wants to expand the facility for up to 30 more children. In June 1999, the Lawrence's were approved for and now operate a childcare center located on Linder Road approximately 1,000 feet south of subject site. LOCATION The subject parcel is generally located at the SW corner of Linder Road and Pine Avenue. The current address is 737 N. Linder Road. SURROUNDING PROPERTIES North -Single family residential home, zoned L-O, separated from site by a 6-foot, chainlink slatted fence. South -Multi-tenant industrial warehouse and storage business, zoned I-L. No fence separation. East - Westlawn Estates Subdivision, zoned R-4. (Screened from Linder by a solid block wall) West -One (1) acre residential lot, zoned R-3 (Meridian), with large garage/shop and open area. OWNERS OF RECORD Steve and Linda Eisele are the current property owners and have provided notarized consent for both applications and for the Applicants to lease the property. RZ-00-004, CUP-00-046 Lawrence Linder Daycare.RZ.CUP Mayor, Council and P&Z September 7, 2000 Page 2 REZONE GENERAL COMMENTS The legal description submitted with the application appears to describe more property than the Ada County Assessor's map shows. The Assessor's map shows a lot depth (from Linder right-of--way to the west) of approximately 110 feet while the legal description states a depth of 180 feet from the east section line. The applicant's land surveyor should review the Assessor data and provide a revised legal description. If possible, please provide the revised legal or a written statement explaining the discrepancy rp for to the P&Z Commission public hearing. 2. The subject lot is within the Urban Service Planning Area and designated as Existing Urban in the Comprehensive Plan. 3. The subject lot can be adequately served by public facilities. 4. If rezoned to L-O, the subject lot and building would conform to all required minimum yard, bulk and lot standards. 5. The proposed L-O zone would allow uses that would not be deemed to be incompatible or hazardous with neighboring properties. The property abutting to the north is currently zoned L-O and the Leisman Addition (office park) at the NE corner of Linder and Pine also has L-O zoning. While the property adjacent to the south is zoned Light Industrial, the dominant storage use is a reasonable adjacent use to L-O /daycare uses with appropriate screening. 6. Staff recommends that a Development Agreement not be required for this application. REZONE SITE SPECIFIC REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of property. RECOMMENDATION Staff recommends approval of the requested L-O zone with the above conditions. RZ-00-004, CUP-00-046 Lawrence Linder Daycare.RZ.CUP Mayor, Council and P&Z September 7, 2000 Page 3 CONDITIONAL USE GENERAL REQUIREMENTS Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-13- 4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 5. Provide a minimum of one (1) three-inch (3") caliper tree per 1,500 sq. ft. of asphalt area on the site in accordance with City Ordinance Section 11-13-4.B.3.c. 6. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. 9. In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. CONDITIONAL USE SITE SPECIFIC REOUIREMENTS 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 RZ-00-004, CUP-00-046 Lawrence Linder Daycaze.RZ.CUP Mayor, Council and P&Z September 7, 2000 Page 4 to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2. Parkin: Daycare centers are required under the Off-Street Parking Ordinance to provide one (1) space for every ten (10) children, plus one (1) space per staff member. The Applicant is proposing a total of 48 children at the existing building and 78 children at building and site build-out. At 48 children, a minimum of 9 parking stalls would be required (assuming 5 for children and 4 for staff -but the staff and parking number could increase depending on the ages of children at the center). There are currently only three (3) stalls shown on the Site Plan, leaving a deficit of six (6) stalls. At 78 children, a minimum of 16 parking stalls would be required (assuming 8 for children and 8 for staff -again the count may increase depending on the ages). Under this scenario, there is a deficit of 13 stalls. The application states (item # 12) that an estimated 1 ~ new jobs will be provided by this new center. If all of these employees drive to the site, the above-mentioned parking numbers would need to be increased by seven (7), making the parking deficit even greater. Given the undeveloped, northern portion of the lot (approximately 3,500 s.f. of vacant ground), it appears there would be sufficient space to add two (2) rows of angled parking, providing possibly 10-12 new stalls. However, this would depend on the design of the building expansion, which has not been provided to the City yet. Until such time as a more detailed Site Plan showing exactly how the parking and building expansion would fit on the site, Staff recommends the Commission approve a maximum of 30 children at the site, based on the limited parking. (The Applicant should address the staffing and parking demands at their existing center, which has 16 parking stalls for a maximum of 50 children at the center.) 3. If the Assessor's lot size is correct (110 feet deep -which still needs to be determined), the outdoor play area in the rear of the building is approximately 12' x 155', or 1,860 s.f. The Meridian Fire Department does not have a recommended minimum ratio of outdoor play area, but 25 s.f. per child for outdoor play areas is a commonly used ratio. At this ratio, the maximum number of children this outdoor play area would accommodate is 74. While there is no City ordinance dealing with this issue, Staff recommends the Commission and Applicant take this into consideration. 4. The floor plan submitted with the application shows the interior floor area to be 1,386 s.f., of which approximately 1,100 s.f. is usable area. Idaho State Code requires a minimum of 35 s.f. per child for internal use areas. At 1,100 s.f., this would allow for a maximum of 31 children at the existing building. As noted in #2', Staff is recommending a maximum of 30 children at this site until the parking, lot size, and revised plans showing future building footprint are submitted. ACHD's draft staff report on this project requires the Applicant to dedicate 48 feet of RZ-00-004, CUP-00-046 Lawrence Linder Daycare.RZ.CUP Mayor, Council and P&Z September 7, 2000 Page 5 right-of--way on Linder Road. However, since Linder is currently slated for expansion to only three (3) lanes in 2005, the right-of--way width could be less than 48 feet (which is the 5-lane dedication width). Additionally, ACHD is not certain if right-of--way was already dedicated in 1995 when the existing building was built. Since this issue is not settled and will have a direct bearing on the amount of buildable area on this lot -especially for parking -Staff recommends this item be tabled until ACHD can verify the total amount of required right-of-waddedication. 6. The child care center shall not adversely impact surrounding residential properties due to children's noise, traffic and other activities. 7. Applicant shall provide a solid screening of the adjacent properties to the south and west to protect children from adverse impacts and to provide a visual and sound buffer between properties. Applicant must keep all outside play areas free of noxious weeds. 9. A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation. The Meridian Building Department confirmed with Staff that the existing building at this address (737 N. Linder) received a C.O. on 3-29-96, issued to the current property owners. However, any new structural changes to the building require a building permit and a new C.O. must be obtained. 10. Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide copy of license to the City of Meridian at the time of Certificate of Zoning Compliance application. Operator's license shall be on-site for City inspection at all times. 11. Applicant shall ensure that immunization of all children is verified prior to acceptance into program. 12. 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. 13. 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. RZ-00-004, CUP-00-046 Lawrence Linder Daycare.RZ.CUP ~^ HC'f3 OF TRE:ISL'RE VALLEY ;~IA1 OR Ruben D Come ~ Good Place to Live LEGAL DEP.~RTMENT . CITY OF MERIDIAN (203)_88-2499 • Fax 235-_'~01 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEP,4RTMENT Keith Bird MERIDIAN, IDAHO 83Ci•t2 (208) ss7-22t t • Fax 887-I'_97 Tammy deWeerd (''-08) 888--1.133 • Fax (208) S87-:1813 PLANNING AND ZONING Cherie iV[cCandless City Clerk Office Fax (208) 888-<1218 DEPART'~tENT (2081 384-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: September 5,2000 Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000 File No.: RZ-00-004 Request: rezoning of .55 acres from I-L t oL-O for a proposed licensed childcare center for 48 children By: Wendell and Kasha Lawrence Location of Property or Project: Linder Road and Pine Avenue at 737 N. Linder Road Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Come, Mayor -Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department ~ Fire Department Police Department City Attorney City Engineer City Planner Gen - 28 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FPlPP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: ~•~ ~ `" SEP - 7 70~?~t c~ ~, ~ Ci rldisn er,>z ~C8 MAYOR Robcrt D. Currie ~ HL'B OF TRE.-1SL'RE V,aLLEY ^~ A Good Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT x.03) '33-2199 • Fax _'33-'501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 38~-z21I • Fax 387-t297 Tammy deWeerd (208) 888-1133 • Fax (208) 387--1813 PtANNiNG AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-1218 DEPARTMENT (208) 384->j33 • Fax 888-684 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: September 5,2000 Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000 File No.: RZ-00-004 Request: rezoning of .55 acres from I-L t oL-O for a proposed licensed childcare center for 48 children uy: Wendell and Kasha Lawrence Location of Property or Project: Linder Road and Pine Avenue at 737 N. Linder Road Sally Norton, P2 Bill Nary, P/Z Thomas Bafieiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Come, Mayor -Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department _~C_ Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 28 PP/FPIPFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: ~ R,~CE~D A U G 2 4 2000 CITY OF MERIDIAN -^ NUB OF TRE.a SURE V,dLLEY ~ ~lAl"OR Ruben D Currie A Guod Place to Live LEGAL DEPARTMENT . CITY OF MERIDIAN (2osl_s8-2499 • Fax 283-250t CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 33642 (?~) 337-Z2I1 • Fax 83~-297 Tammy deWeerd ('_081 338--1.133 • Far (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 388-1213 DEPARTMENT (203) 384-553; • Fax 388-0854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Cterk, by: September 5,2000 Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000 File No.: RZ-00-004 Request: rezoning of .55 acres from I-L t oL-O for a proposed licensed childcare center for 48 children By: Wendell and Kasha Lawrence Location of Property or Project: Linder Road and Pine Avenue at 737 N. Linder Road Sally Norton, P2 Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Come, Mayor -Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 28 PP/FP/PFP . 30 AZ - 27 Your Concise Remarks: Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department R,~aErv~D A U G 2 5 2000 CITY OF MERIDIAN ~c~ MAYOR Rolm D. Corric CITY COUNCIL MEMBERS Ron Anderson Keirh Bird Tammy dcWcerd Cherie McCandle9s /~\ ~^~ HUB OF TREASURE VALLEY A Good Place tv Live CITY 4~' MERIDIAN 33 EAST IDAFIO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-x813 City Clerk Office Fax (208) 838-4218 ' ^~-'L VY LEG,aLDEPARTMENT (Z03) 288-2x99 -Fax 288-2501'-. PUBLICWORKS BUILDING DEPARTM2NT (208) 887-22t1 - Fsx 887.1297 PLANNING AND ZONING DEPAATME.*!T (206) 884-3333 • Fox 888.633a TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To Insure that your comments and recommendatlons will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendatlons to Meridian City Hall Attn: Will Berg, City Clerk, by: September 5,2000 Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000 FIIe No.: RZ-00-004 Request: rezoning of .55 acres from I-L t oL•O for a proposed licensed childcare center for 48 children ~y: wendeli and Kasha Lawrence I_ocatlon of Property or Protect: Linder Road and Pine Avenue at T37 N. Linder Road •. Sally Norton, P/Z Bill Nary, P2 , Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P2 Robert Corrie, Mayor =Ron Anderson, C/C • Tammy deWeerd, C/C Keith BUd, GC Cherie McCandless, C/C Water Department Sewer Department _~_Sanitary Service Bufld[ng Department Fire Department Police Oepartment City Attorney City Engineer City Planner Gan -26 PPiFPrPFP • 30 A2.27 Yaur R,~cE~D AIJG 2 8 2000. CITY OF MERIDIAN Meridian School District Meridian Post Office (FP/PP) . Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department AUG 29 '00 07 01 2088885052 PAGE.F~4 ~lAl'OR Robcrt D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless NUB OF TRE.-iSURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-J433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPART'v1ENT (208) 283-2199 • Fax 383-2501 PUBLIC WORKS BUILD[NG DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: September 5,2000 Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000 File No.: RZ-00-004 Request: rezoning of .55 acres from I-L t oL-O for a proposed licensed childcare center for 48 children By: Wendell and Kasha Lawrence Location of Property or Project: Linder Road and Pine Avenue at 737 N. Linder Road Sally Norton, P2 Bill Nary, P/Z Thomas Barbeiro, P2 Richard Hatcher, P2 Keith Borup, P2 Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen • 28 PP/FP/PFP - JO AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: ~/n ~~irir2.~S R,~C~~D aus 2 s 2000 CITY OF MERIDIAN ~J~9 ~G~ ~~oo Mesa ~a'~` CENTRAL C •• DISTRICT ~11"HEALTH DEPARTMENT Rezone # ~c~~D Conditional Use # i Preliminary /Final /Short Plat == i / Return to: ^ Boise ^ Eagle Garden City Meridian Kuna ^ Acz I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. d a Date: ~/ Z~/ ,mo / Reviewed`,By: ~ l fG/~y ...AL DISTRICT HEALTH DEPART , .cNT Environmental Health Division cued ioi9i gyn. ~. m~ Review Sheet .-. R~c~~D Luc 3 ~ zooo crrY of yr~~n~v ~ ~ ~li~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 August 28, 2000 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: RZ-00-004 Rezone from I-L to L-O for proposed License Childcare Center for Wendell and Kasha Lawrence Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above-mentioned proposed rezone. Sincerely, ~~~~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • .-. HUB OF TREASURE VALLEY .-. MAYOR A Good Place to Live LEGAL DEPARTMENT ~2pg) Zgs_2499 • Fax '_88-ZSOI Robert D. Cowie CITY OF MERIDIAN PUBLIC WORKS C1TY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO ~2pg) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: September 5,2000 Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000 File No.: RZ-00-004 Request: rezoning of .55 acres from I-L t oL-O for a proposed licensed childcare center for 48 children By: Wendell and Kasha Lawrence Location of Property or Project: Linder Road and Pine Avenue at 737 N. Linder Road Sally Norton, P2 Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Come, Mayor -Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer ~. City Planner Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: Gen - 26 PP/FP/PFP - 30 AZ - 27 ~~ /~ _ CITY OF MERIDIAN _-' 33 East Idaho Street, Meridian, ID 83642 j ~~ ~ " Phone: (208) 888-4433 Fax: (208) 887-4813 AUG Q 1 2000 tl' ~ of yIERIDLAV i'IR'~nb~b~ ZONIiVG R~ - oo ' ooy '- sub~tcF p~p~;-~- PROPOSED NAME OF SUBDIVISION: ~ ~ 73 7 /~ . ~,. i nc~.e r ~~ GENERAL LOCATION: Yld~..~' F {~~~,~ TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): ~ i c~ h ~-~i« ACRES OF LAND IN PROPOSED ANNEXATION: N I A- PRESENT LAND USE: U~ ~Q'r7~- in~h~.p~~ l~~-~h~~P~ PROPOSED LAND USE: ~l_ C P !rl C Pl~ C'~'1 ~ ~ (`L'Q YY' ~ C~ ~ ~ PRESENT ZONING DISTRICT: PROPOSED ZONING DISTRICT: "~ , APPLICANT: l1UP~~'(.U 2I ~ 4 1C G~.S ~ 1 ~ Gy Y~}~ C~ PHONE: ~g ~- ~ l y ~ Z~3- 8401 - ~-t l~ ADDRESS: _ ~7(] ~ . ~ f r1C~1 ,~ ~~ ~ ZS 3 - 20D~ ~e~~~e j~ ENGINEER, SURVEYOR, OR PLANNER (- i I"l I loun~t__ _ PHONE: R~7 ~(~(~ ADDRESS: ~~ ~ . `i ~ p r ~~ ~ ~ -`~ ~ ~T (ZoB~ OWNER(S) OF RECORD*: eV ~ I ~ ~ e~ PHONE: -- 9SZ 7 ADDRESS: 3zQ ~ Serni ~ ~L ~~,r~ A Jn -~, n~ l l~ ~S~l„~7 S tore of licant *Annexation may require entering into a development agreement as a condition of annexation. Current owner must execute agreement and/or offer explanation of change in ownership and timing for same. O K; n Application for rezone -- 73 7 N. Linder Road I . Wendell & Kasha Lawrence 370 N. Linder Road Meridian, Idaho 83642 (208) 887-0001, (208)283-9001 2. Steve & Linda Eisele (warranty deed enclosed -ITEM A 3203 Seminole Drive Nampa, Idaho 83686 (208)463-9527 3. Notarized affidavit from owner enclosed -ITEM B Legal description: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 25 FEET WEST AND 283 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE WEST TO A POINT 155 FEET WEST OF THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH TO A POINT 150 FEET SOUTH OF THE NORTHLINE OFSAID SOUTHEAST QUARTER; THENCE EAST TO A POINT 25 FEET WEST OF THE AST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH TO THE POINT OF BEGINNING. # EXCEPT THAT PORTION, IF ANY, LYING WITHIN CINDER ROAD. ¢rtCloS~d 5. Present land use is a vacant wholesale office. 6. Proposed land use would be a licensed childcare facility licensed for 48 children. With additional improvements (structural expansion, additional parking, landscape improvements, addition of fire sprinklers) to building & lot applicant would like to license the facility for 30 more children. 7. The present zoning is light industrial, City of Meridian jurisdiction. 8. The proposed zoning would be light office, Ciry of Meridian jurisdiction. 9. The subject property is of residential type construction with a shaded back yard and would be better suited for light office use than industrial. The floor plan and existing parking design are ideal for a light office zoning. The building, parking, & landscaping are well maintained which supports a light office image. 10. The need for new schools in Meridian has risen along with the need for childcare facilities. Healthy Beginnings Childcare will service Linder Elementary (enrollment 569), Meridian Elementary (enrollment 703), Chaparral Elementary (enrollment 761), and the new elementary school Peregrine. We will be providing a much needed service to these Meridian school children, their younger siblings, and their parents: We are located in the near vicinity of many large residential subdivisions and will service these growing neighborhoods as well. Our proposed site will be managed to serve in harmony with the surrounding area. The property just to the north is zoned light office, the property to the east and west is zoned residential. The property to the south is zoned, light industrial. .~. ,•~ 11. The City of Meridian Comprehensive plan does not address Light Office zoning, so for the purpose of relating to the comprehensive plan we will treat the zoning as neighborhood commercial. As the smallest of the three commercial zoning, its main purpose is to provide convenience shopping (childcare in this case) to the surrounding area. COMMERCIAL POLICIES- Meridian Comprehensive Plan 4.1 states neighborhood (childcare) centers rather than strip commercial development, shall be provided for convenience (childcare) services. 4.2 Neighborhood (childcare) centers should locate: a) Near, but not necessarily at, the intersection of collectors and/or arterial roads; (Linder Rd is considered a minor arterial -map 3 enclosed) GOALS OF THE COMPREHENSIVE PLAN Healthy Beginnings Childcare will help fulfill the following comprehensive plan goals. Goal 3 To encourage the kind of economic growth and development which supplies employment and economic self- sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. Goa16: To encourage cultural, educational, and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. Land use Goal Statement GENERAL POLICIES 1. SU Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 1.8U Promote the development of high quality and environmentally compatible residential areas that contain the necessary parks, schools, and commercial facilities to maintain and form identifiable neighborhoods. RESIDENTIAL POLICIES 2. SU Encourage compatible infill development which will improve existing neighborhoods. 12. Map enclosed (1 "=100 feet) - ITC 13. Thirty copies of vicinity map enclosed (1"=300 feet) - IT~~ 14. List of mailing addresses of all property owners within 300 feet enclosed -ITEM E ..^..... ^~ 15. $400 fee paid. 16. We, Wendell & Kasha Lawrence will post the property 1 week before the public hearing. Posting will contain our name, description of zoning amendment and time and place of public hearin / , ~ ~ //a~ 17. We, Wendell & Kasha Lawrence have read the contents of this applicatio~nd we verify that the contents are true d correct. ~~i C i~t- G~ N G r~ EXHIBIT "A" A parcel of land situated in the NE1/4 of the SE1/4 of Section 11, T.3N., R.1W., City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the East 1/4 corner of said Section, said point being an Aluminum Monument thence along the East line of said Section S00°00'00"E a distance of 150.00 feet to the POINT OF BEGINNING. Thence continuing along the said East line S00°00'00"E a distance of 133.00 feet to a point; Thence leaving said East line and parallel with the North line of said Section N90°00'00"W a distance of 180.00 feet to a point; Thence parallel with said East line N00°00'00"E a distance of 133.00 feet to a point; Thence leaving said line parallel with said East line and along a line parallel with the said North line N90°00'00"E a distance of 180.00 feet to the POINT OF BEGINNING. Said parcel contains 0.55 acres, 23940 square feet more or less and is subject to all easements and right-of-ways of record or implied. ~o P ~c -~ s ~, - .` ..__./ / Lau~~'ti-+cQ ~o~~~. ~ ~ _.~ 0006197_rezonelegal_8-1-2000_ash.doc .. _.. ti --- - - Lq.Wrenct ~ ~-~ SKETCH TO ACCOMPANY REZONE LEG~~ DESCRIPTION PINE AVENUE SECTION 11, T.3N., R.1W., B.M. ~~~ ----------------------------- ~~~ N90°00'00"E 180.00' Io ~ 444 N. CINDER ROAD ~ ~ '' HEALTHY BEGINNINGS `- CHILD CARE a ~% ,.w Io ,~.. ~ °`'~, ' .55 ACRES ~~o-f',,,,~ 23940 SQUARE FEET fo/' I,~,, L=`~---------------------------------- N90°00'00"W 180.00' 0 0 0 w 0 0 0 0 ° 0 0 to ~ ~o ~ ~~ ! ~ o ~ o W o ~ o ~ o ,_, ~ ~ 40 0 20 40 80 SCALE: t " = 40' ,.. r~.•s T ~ ~ •~ fit: CCRDEa AOi Lam. - J. Ut.:lu ~~ ;VAi RO ~,.R~,~ca„+ww 8015Ep PIONEER T1TL8 COMPANY ~~ ~ afsi w. furt~tatt ~~ ~ ~i3ou~e, r~ oa ~ czoa~96. 6 PCl 7. 35 p1:Aa,~,~mvEV er ' wA~BANrY ~~~ 194U'UGF3UB6 prrntvrou,ua FOR VALtiERFiCLiV6D DOUGLAS 0. AOR?H, A SINGLE PERSON AND JOSEPK J. H&NSF.N, A SING'fR PERSON Graatar s , dD ht:te6y grant, bu8'II1, sell ~ comcy unto $TE~-EN R. EIS&Lii ANA LINDA 5 . EISELE, ~,r$A1QD AND VIFE tht Grantee s , whose cuttmtt addins is: 6117 CLI1VTDtt ST. ,~nry State of fdaha ~rnorepartiuilary described ss the followin8 described ttst ptopc:ty ~ ADA + fofloms. to-wSt: SEfi 1ytHx8IT "A" A't:tAHCED REftETO AND BY St_FL' ERSNCE MADE A PART }SBP.I:OF (,; 5,; • ' with theirapps~~~" the said Gtatttcc eandGtatttee httisx TO HAVE gND'[O HOLD the said pretniw, eovesam to andtvith rbe sold drantee s ,the Qranlor s are ~e aad assi6es fordvee. Aad the said Gramto[ ~ ~ hereby vvreet sin fos staple of sad pran[ses: that said premises ue ftoo from a1S eacumG brs~s• S ecc~ot rrservatiaat, • ,nude astitjtxc ~d thaw made. suffered or dose by the sass and sssesatnmu. ooaVeyattce ~s.+~pt+aslY• u of,asy ottd • f;<f y'U') o[ rscosd, sad Eeneesl ny~ptjpps, dedietttLotts, esaaoecta, ripy ~ tar dte eturent yen, twhidl ate not yat due smd payable, and that Gratttsr s • (tncfudet itTigatien attdtNl'ry Wis. (~ ~Y1 wUl warrant and defesd'the sama'ftoim all iaafnt elaints wh~~- DatM: November-~~ •1995 _ ~ ~7/J.A _ ci'AYE,OF~;~ ~~~' • , Coonsy of,..a~---• ~' ~, ~ ,:~~~ ~y f! ` ~ ~ ype of~h 5 "before me blie, a d , a ttotuY P~ P~s- s • iogidt "~ subserlbed tat ahAi Inseru ,and , • ~ 1moMro or S ~tej ji~-et ~ be the pecan lvhoa° ""~ -- -~'~•-•- aekiloavlfdg~e that ,~ 4+~. gttCOted Rle carom {~ ~ .,", ~ ~~ Net Public: _ 1 • . ~ Residing at: ' - ~. My Commission );:spires: , n 7A 99 AFFIDAVIT ~~~~ We, STEVEN R. EISELE and LINDA S. EISELE, husband and wife, whose address is 3203 Seminole Dr., Nampa, Idaho, 83686, (referred to as "Owners") do hereby grant permission to KASHA and WENDELL LAWRENCE, husband and wife, to pursue the rezoning of the Owner's property at 737 N. Linder Rd., Meridian, Idaho, 83642. The purpose of this rezoning is to allow KASHA and WENDELL LAWRENCE to lease said property from the present owners. -- r STEVEN R EISE , LINDA S. EISELE STATE OF IDAHO ss County of Ada ) r On this S day of 2000, before me U 5 a notary ~bl~,"ili+~ for the State of Idaho, personally appeared VEN R EIS LE and LINDA S. EISELE, ~hb>~~[4ijfied to me to be the persons whose names are subscribed to the within instrument and ~?C"R1~djQ'~ie that they executed the same. v ~pT A~ r * « pvsti~~ ''••~rP of l~e~••'~ L_l .~.1! ~ ~_ ~. `y - - _ ~- .,\ ~. ., , ;~ ~~ _~ 1~ ~_J,_ T r~ ~ ~__l_1...; f ~ ... ~_. - i~4 ,C \ - %•, / s _. _ _~ 't \----~-! ~__ TAI-IITC..7.I=[Z'~_.~ ~~ I.~..i_~~ ~__ 0 / ~. V' '.. `/~`.,'1 _~1 \~~ 1_.1.1.1_ - I-tea ~- ~t~ ~ ~ _ .L. _~ _~ ~~_ _. ~f_ ~ _, _ _ -i ~- ~ ._L~_ - ,._..~...1~ _.._. ~T L__ 1 __ Itt._. _ - ~~L~. _I~___ .~ _ --~ ~ ~~' A ~' 1 ~ "~""" ;. ~, ~ ~ a __ _ __ ~ ~ g, ~A i _ __.___ ~ i ~--Qy I ~, . ~ i ~, 1 N ,,. ~ ; _... _.. ~ ~- ;... r-- _ ~ ~ > ~~~ ' + ~ i M _~_ ~..~ _. -...~ . "j` _ ~ _~~ ~ `/ `~ ` `~ s /% %~~ ,~\/~JF `\\\\~ _~% l9,,,~is ~ ~ f<st.r9 ~ V71~~ Yi I t Q '' ~ . r~t~ 4 ~ 16 ~ ._iJJ 5 Oi ~ a ~~, n j ~ ' 8 // \` \!8 Is /3 % ~,,~' //nt g~-ice! !2 ~Z~~;? Ian. { 2 ~~ i ~. ._it~. .'`i--j- ~ ? f. ~i ~ c :4 23 ~ 22; ~i ~ 7C,~ I r9 ~(3 ; IY t6 l / '.. ~.~ L v C ti M ~ 7 ~{t - T I -- ~ - ~ '\ ._ ~~e.s SPC#_s G `' Q G D :~ C/G\V G f ~UG 0 , p~a~~in0 -~- '1 d l ~l b ''` ~ KASHA LAWRENCE - 737 N. CINDER RD. PROPERT~4 SCHOOL DISTRICT #2 911 N MERIDIAN RD MERIDIAN ID 83642-2241 1900 W PINE AVE 1720 W PINE AVE DEMPSEY CLYDE L 1680 W PINE AVE MERIDIAN ID 83642-1975 KADEL ALFRED G JR & KADEL SUSIE J i G1 G W PINE AVE MERIDIAN ID 83642-1975 LAMBERT KENNETH J & GRETCHEN R 1725 W PINE AVE MERIDIAN ID 83642-1963 CARMACK G DAVID & CARMACK BECCI LU 1705 W PINE AVE MERIDIAN ID 83642-1963 FENSTERMAKER LEROY S & FENSTERMAKER IDA M 1 GG5 W PINE AVE MERIDIAN ID 83642-1965 HURRAY WAYNE & CLAUDIA 1625 W PINE AVE MERIDIAN ID 83642-1965 EISELE STEVEN R & EISELE LINDA S 737 N CINDER RD MERIDIAN ID 83642-0000 DOBARAN JOHN F DOBARAN ARVELLA L 6141 N GADWALL LN BOISE ID 83714-1287 531 N CINDER RD RICHARDS DANIEL W RICHARDS ANGELA G 8799 S ROCKY MOUNTAIN LN KUNA ID 83634-0000 820 N CINDER RD LAFONTAINE R DEANNE 791 NW 15TH ST MERIDIAN ID 83642-2474 BIDDICK BETH F ETAL 788 NW 15TH ST MERIDIAN ID 83642-2473 POTTER EDNA N 771 NW 15TH ST MERIDIAN ID 83642-2474 WLLKERSON M LUCILE 751 NW 15TH ST MERIDIAN ID 83642-2474 RAISCH NORMAN & DOROTHE 741 NW 15TH ST MERIDIAN ID 83642-2474 PHIFER KENNETH R & EDNA R 721 NW 15TH ST 1~~RIDIAN ID 83642-2474 ALLEN BETTY M 731 NW 15TH ST MERIDIAN ID 83642-0000 MARTINSEN MERL D & EILEEN A 1572 W IDAHO CT MERIDIAN ID 83642-2476 MURPHY RAYMOND J & LOIS M 1552 W IDAHO CRT MERIDIAN ID 83642-2476 CHATTERTON W D & CHATTERTON VIRGINIA 1532 W IDAHO CT MERIDIAN ID 83642-2475 JONES RHONDA L ENGEL RALPH W 1588 W IDAHO CRT MERIDIAN ID 83642-2476 DURHAM ALBERTA J 1571 W IDAHO CT MERIDIAN ID 83642-2477 SCOTT DAVID RUSSELL & SCOTT SATINA MARIE 1531 W IDAHO CT MERIDIAN ID 83642-2477 NEWTON RALPH E 1551 W IDAHO CT MERIDIAN ID 83642-0000 HANSON HELEN M 681 NW 15TH ST MERIDIAN ID 83642-2472 WALKER BETTS H 1574 W BROADWAY CT MERIDIAN ID 83642-2478 HORTON EMRA L 1554 W BROADWAY CT MERIDIAN ID 83642-2478 CAMPBELL CABBIE L OSTRUM EVERRETT & NANCY 651.NW 15TH ST MERIDIAN ID 83642-2471 SLIGAR KIM D AND LOOMI$ CLAUDIA 631 NW 15TH ST MERIDIAN ID 83642-2471 SUNII~fERS JOSHUA R & STACY LEE 1590 W BROADWAY AVE MERIDIAN ID 83642-0000 CITY O'~ MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 customer 5 _ ~> Order No. Date Name Address e~ Phone: SOLD -B/Yf^ :..>~*f C.O.D. Cti•ARGE oN ACCT. mDSE. RETD ~ RAID OUT '{t ~~ 3 ~ , ~- I - ~ ~3 I I ~p ~3 3 ~ $0 AIS claims-and returned goods MUST be accompanied. by this bill TAX 0 012 3 31 BYceived TOTAL g~ ; 60 GS-ZOZ-2 PNINTEB WITN ~~~,,~~~ • PAINTED IN U.S.A. ~SOYINK_ C`!-'.ww~6U/ ~~ ~~F . - .HEALTHY BEGINNINGS, INC. s2-ISViza~ 14 3 7 WENDELL LAWRENCE ~" KASHA LAWRENCE -.~u_- .,~ 444 N I.INDER 208-887-0010 5 - MERIDIAN, ID 83642 "' ,~ ~~. 50049639001 / O -! -00 l i E i ~ 882 , roo - .~r o tea i°Je or ~ ~ 60 _ ~ O 1 L l E S a,o~~,,,,,,,~ II;,. FARMERS Ed MERCHANTS I I ~ I I MER101AN.OFFICE. sr r • h P.O. BO% 328 MERI OIAN, IDAHO 8]680.0328 TELEBANK (2081678.8819 ~E N 01'1d}~ ~la/VE 737 4'nc%r ~ ^~ ~:1 24 LO LS 13~: L437 5004963 L .~ November 17, 2000 RZ 00-004 MERIDIAN CITY COUNCIL MEETING November 21, 2000 APPLICANT Wendell and Kasha Lawrence ITEM NO. ~" REQUEST Request for rezone of .55 acres from I-L to L-O for a licensed childcare facility for 48 children for Healthy Beginnings Daycare -Linder Road and Pine Avenue at 737 North Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: C-TY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Kasha Lawrence Date: 17-Nov Phone: 887-0010 Materials presented at pubiic meetings shall become property of the City of Meridian. ~ r BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/08/00 IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY .55 ACRES FOR PROPOSED CHILD CARE FACILITY LOCATED AT 737 N. CINDER ROAD, MERIDIAN, IDAHO WENDELL ~ KASHA LAWRENCE, Applicant. C, -~ NQY 2 7 2000 CITY OF MlEIt.IDIAN PLANNING & ZONING The above entitled matter on the rezoning application of .55 acres having come on for public hearing on November 8, 2000, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and appearing and testifying was the Applicant, Kasha Lawrence, and appearing with comments or concerns was Beclcy Carmaclc, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 1 Case No: RZ-00-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for November 8, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 8, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Comprehensive Plan of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 2 •-'~ Meridian adopted December 21, 1993, Ordinance No. 629 -January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately .55 acres in size. The property is generally located at 737 N. Linder Road, in Meridian, and is described as follows: A parcel of land situated in the NE 1/4 of the SE 1/4 of Section 11, T. 3N., R. 1W., City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the East 1/4 corner of said Section, said point being an Aluminum Monument thence along the East line of said Section S00°00'00" E a distance of 150.00 feet to the POINT OF BEGINNING. Thence continuing along the said East line S00°00'00" E a distance of 133.00 feet to a point; Thence leaving said East line and parallel with the North line of said Section N90°00'00" W a distance of 180.00 feet to a point; Thence parallel with said East line N00°00'00" E a distance of 133.00 feet to a point; Thence leaving said line parallel with said East line and along a line parallel with the said North line N90°00'00" E a distance of 180.00 feet to the POINT OF BEGINNING. Said parcel contains 0.55 acres, 23940 square feet more or less and is subject to all easements and right-of-ways of record or implied. 5. The owners of record of the subject property are Steven ~ Linda Eisele, of Nampa, Idaho. 6. The Applicants are Wendell & Kasha Lawrence, Meridian, Idaho. 7. The property is presently zoned as Light Industrial, and is a vacant office. 8. The Applicant requests the property be rezoned to Limited FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 3 .--, Office. ,~--~ 9. The proposed site is surrounded by limited office zoning to the north, and residential to the east and west. The property to the south is zoned light industrial. The site is located at the SW corner of Linder Road and Pine Avenue. 10. The subject property is within city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: To develop a child care facility. 13. The Applicant's requested rezoning of the subject real property as Limited Office is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code § 11-15-11 for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 4 -~ 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use 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, subject to the conditions of the conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area 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 zoning amendment shall be able to provide adequately any of such services; 15.6 The use 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; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic, feature of major importance; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 5 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide as follows: 15.2.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 15.2.2Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 15.2.3 Off-street parking shall be provided in accordance with City of Meridian Ordinance 11-13 for use of property. 15.2.4Applicant shall provide an area for commercial can service or a dumpster enclosure. ACHD conditions provide as follows: 15.2.5The proposed driveway on Linder Road, located 63-feet north of the south property line, is approved with the application. Pave the driveway at least 30-feet into the site beyond the edge of pavement of Linder Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 15.2.6Provide a recorded cross access easement for the parcel tc the south to use the parcel for access to the public streets prior to issuance of a building permit (or other required permits). 15.2.7Provide a $2,700.00 deposit to the Public Rights-of-Way FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 6 Trust Fund at the District for the required street improvements of approximately 135-feet of 5-foot wide concrete sidewalk on Linder Road abutting the parcel. 15.2.8 Other than the access point specifically approved with the application, direct lot or parcel access to Linder Road is prohibited. 15.2.9A request for modification, variance or waiver of any requirement or policy outlined in the ACHD's letter of September 20, 2000, shall be made in writing to the ACHD Planning and Development Supervisor, and identify each specific requirement. 15.2.10 After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00, and shall identify each specific requirement. 15.2.11 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 15.2.12 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 15.2.13 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 7 15.2.14 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 15.2.15 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within a ACRD right-of-way. The applicant shall contact ACRD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 15.2.16 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any changes from the Ada County Highway District. 15.2.17 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 16. The legal description of the property that is the subject of this application for re-zone is as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 8 A parcel of land situated in the NE 1/4 of the SE 1/4 of Section 11, T. 3N., R. 1W., City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the East 1/4 corner of said Section, said point being an Aluminum Monument thence along the East line of said Section S00°00'00" E a distance of 150.00 feet to the POINT OF BEGINNING. Thence continuing along the said East line S00°00'00" E a distance of 133.00 feet to a point; Thence leaving said East line and parallel with the North line of said Section N90°00'00" W a distance of 180.00 feet to a point; Thence parallel with said East line N00°00'00" E a distance of 133.00 feet to a point; Thence leaving said line parallel with said East line and along a line parallel with the said North line N90°00'00" E a distance of 180.00 feet to the POINT OF BEGINNING. Said parcel contains 0.55 acres, 23940 square feet more or less and is subject to all easements and right-of-ways of record or implied. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The requested zoning of Limited Office District, (L-O) is defined in the Zoning Ordinance at 11-7-2 G as follows: jL-O) Limited Office District: The purpose of the L-O District is to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 9 permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 4. Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code § 67-651 lA provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has exercised its authority to require or permit as a condition of rezoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 10 --~ that an owner or developer make a written commitment concerning the use or development of the subject property.. 7. § 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. § 11-15-11 of the Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & I<A.SHA LAWRENCE / (RZ-00-004) - 11 circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses 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; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area 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 zoning amendment shall be able to provide adequately any of such services; 8.8 The use 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; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 12 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately .55 acres for construction and development of a child care facility is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: 2.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. 2.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 13 ~ ~ may be used for non-domestic purposes such as landscape irrigation. 2.3 Off-street parking shall be provided in accordance with City of Meridian Ordinance 11-13 for use of property. 2.4 Applicant shall provide an area for commercial can service or a dumpster enclosure. ACRD conditions provide as follows: 2.5 The proposed driveway on Linder Road, located 63-feet north of the south property line, is approved with the application. Pave the driveway at least 30-feet into the site beyond the edge of pavement of Linder Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 2.6 Provide a recorded cross access easement for the parcel to the south to use the parcel for access to the public streets prior to issuance of a building permit (or other required permits). 2.7 Provide a $2,700.00 deposit to the Public Rights-of-Way Trust Fund at the District for the required street improvements of approximately 135-feet of 5-foot wide concrete sidewalk on Linder Road abutting the parcel. 2.8 Other than the access point specifically approved with the application, direct lot or parcel access to Linder Road is prohibited. 2.9 A request for modification, variance or waiver of any requirement or policy outlined in the ACHD's letter of September 20, 2000, shall be made in writing to the ACHD Planning and Development Supervisor, and identify each specific requirement. 2.10 After ACRD Commission action, any request for reconsideration of the Commission's action shall be made FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 14 .-~. in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00, and shall identify each specific requirement. 2.11 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 2.12 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered iri the State of Idaho shall prepare and certify all improvement plans. 2.13 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 2.14 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 2.15 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within a ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 2.16 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 15 an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any changes from the Ada County Highway District. 2.17 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (L-O) Limited Office District (Meridian City Code § 11-7-2 G) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Worlcs Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the rezoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 16 ,~ ~"~ NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCIL PERSON TAMMY deWEERD COUNCIL PERSON CHERIE McCANDLESS MAYOR ROBERT CORRIE (TIE BREAKER) DATED: ~~ 2l ` ~~ MOTION: APPROVE VOTED ~~ VOTED_z~~~ VOTED_~w VOTED_~~-- VOTED DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 17 Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and the City Attorney. t`~~~~t~r~nnr~~r By: /'~~zx--- Dated: ity Clerk ~'~\ G~ ~o'F~aFi~ To 'fir ~~': 2/ ~~ r ~~~ \'GC ~~o' J ~,4 \~'~ T~~ ~~ ,tip msg/Z:\Worlc\M\IvteridianWteridian 15360M\Lawrence Day Care\RZ004 Sc CUP046\FfsClsOrderREZ ,~~~ ~~ ~`~~ ~~`~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .55 ACRES FROM I-L TO L-O BY: WENDELL & KASHA LAWRENCE / (RZ-00-004) - 18 1/ ~. ,~. `b' Meridian City Council Meeting November 21, 2000 The regularly scheduled City Council Meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at on Tuesday, November 21, 2000. Members Present: Robert Corrie, Keith Bird, Tammy deWeerd, Cherie McCandless, Ron Anderson. Others Present: Bill Nichols, Shari Stiles, Gary Smith, Dave Bowman, Steve Siddoway, Ken Borup, Tom Kuntz, Brad Hawkins-Clark, Will Berg. Corrie: I'll open the Regular City Council Meeting for November 21, 2000 at 7:30 p.m. We'll have the City Clerk call roll. I'd like to welcome everybody here this evening and particularly Troop 30, I believe, of Meridian. I'm glad to see you guys here and I hope we do a good job here for you tonight. Item A. Approve minutes of November 8, 2000, Special Meeting: Item B. Approve minutes of November 8, 2000, Pre-Council Meeting: Item C. Approve minutes of November 8, 2000, City Council Meeting: Item D. Findings of Facts and Conclusions of Law: PP 00-014 Request for Preliminary Plat approval of 5 building lots and 1 other lot on 8.29 acres for proposed Waltman Court Subdivision by John and Sandra Goade -Waltman Lane and SW 5th Street: Item E. Findings of Facts and Conclusions of Law: RZ 00-004 Request for rezone of .55 acres from I-L to L-O for a proposed licensed childcare facility for 48 children for Healthy Beginnings Daycare by Kasha and Wendell Lawrence -Linder Road and Pine Avenue at 737 North Linder Road: ~,p..p-ro-rPa~ Item F. Findings of Facts and Conclusions of Law: CUP 00-046: Request fora Conditional Use Permit to construct a licensed childcare facility for 48 children in an I-L zone and a proposed L-O zone for Healthy Beginnings Daycare by Kasha and Wendell Lawrence -Linder Road and Pine Avenue at 737 North Linder Road: Item G. Findings of Facts and Conclusions of Law: CUP 00-047: Request for a modification to the CUP of the front landscape setback in a C-G zone for Centennial Motors by Sam Fishel - west of Meridian Road on Franklin Road: WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. JULIE K[,IIN 1~$l'III6[tt ('EIItISTOPEIF7t S. NYE WM. F. GiGRAY, III PIIII.IP A. PETERSON BRENT J. JoluasoN ERic S. RossMgx D. $AMUII. JolursoN Tonn A. RossMgx WQ.LIAM A. MORxow DAVID M.SWARTLEY WII.I,IAM F. Nicxo[,s* TERRFNCER WIQ1'E** '.Also admitted in OR ** ALso admitted in WA To: Staff Applicant Affected Property Owner(s) Re: Application Case No RZ-00-004 t Q 1 ~~~~w NAMPA OFFICE 104 9TH AvE. SotrrH POST OFFICE BOY 247 NAMPA, IDAHO 83653-0247 TEL. 208)466-9272 FAX (~OS) 466-1405 PLEASE REPLY TO :vfERIDLaN OFFICE 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 ~itv Council at the public hearing on the above referenced matter by the Plarulu>, and Zoning Administrator. Due to the volume of matters which the Citv Council must deci~e, and to insure your position is understood and clear, it is im ortant to~have a consistent format by which matters are presented at the public hearings be~ore 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 prepared to state your position on this application by addressing the Findings and Recommendations of the Plaruling and Zonmg Commission; and That you carefully complete (be sure it is le ble) the Position Statement if you disagree with the Findings and~ecornmendations of the Plaruung and Zoning Commission. The Position Statement form for this application is mailable at the City Clerk's office. It is recommended that you ppreppare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If tFiat is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (8) copies. The coppies will be resented to the Mmor, Council, Planning and Zoning Administrator, Public WorZcs and the ~ity Attorney. If you are a part of a ggrroup, it is strongly recommended that one Position Statement be filled out for the group, wFiich can be signed by the representative for the group. Very truly City ATTORNEYS AT LAW 200 EAST CARLTON AvE.. S1JrrE 31 PosT OFFICE Box1150 MERIDLAN, IDAHO 83680-1150 TEt. (208)288-2499 FAX (208) 288*2501 E-MAU.: (a1wPPnIG.coM October 16, 2000 ly/ .~ BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The REQUEST FOR REZONE of APPROXIMATELY .55 ACRES FOR PROPOSED CHILD CARE CENTER Case No. RZ-00-004 RECOMMENDATION TO CITY COUNCIL WENDELL &. KASHA LAWRENCE, Applicant INTRODUCTION 1. The property is approximately .55 acres in size. The property is generally located at 737 N. Linder Road, in Meridian. 2. The owners of record of the subject property are Steven ~ Linda Eisele, of Nampa, Idaho. 3. The Applicants are Wendell Sz Kasha Lawrence, Meridian, Idaho. 4. The property is presently zoned as Light Industrial, and is a vacant office. 5. The Applicant requests the property be rezoned to Limited Office. 6. The proposed site is surrounded by limited office zoning to the north, RECOMMENDATION TO CITY COUNCIL - 1 REQUEST FOR REZONE - .55 ACRES FROM LIGHT INDUSTRIAL TO LIMITED OFFICE BY WENDELL SL KASHA LAWRENCE and residential to the east and west. The property to the south is zoned light industrial. The site is located at the SW corner of Linder Road and Pine Avenue. 7. The subject property is within city limits of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: To develop a child care facility. 10. The Applicant's requested rezoning of the subject real property as Limited Office is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR REZONE - .55 ACRES FROM LIGHT INDUSTRIAL TO LIMITED OFFICE BY WENDELL Sz KASHA LAWRENCE the City Council of the City of Meridian that they approve the rezoning as requested by the Applicant for the property described in the application. Adopt the Recommendations of the Engineering and Planning and Zoning staff as follows: 1.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of property. Adopt the Recommendations of the Sanitary Services as follows: 1.4 Applicant shall provide an area for commercial can service or a dumpster enclosure. Z:\Work\M\Meridian 15360M\Recommendations\RZ04Lawrence.wpd RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR REZONE - .55 ACRES FROM LIGHT INDUSTRIAL TO LIMITED OFFICE BY WENDELL SZ KASHA LAWRENCE i f November 3, 2000 RZ 00-004 MERIDIAN CITY COUNCIL MEETING November 8, 2000 APPLICANT Kasha and Wendell Lawrence ITEM No. 4 REQUEST Public Hearing -Request for rezone of 55 acres from I-L to L-O for a proposed licensed childcare facility for 48 children for Healthy Be innin s Daycare -Linder Road and Pine Avenue at 737 North Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. '"1 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. JULIE KLIIN F[S(,•I¢Ii WM. F. GIGRAY, IlI CHRISTOPI~R S. NYE PIIILIP A. PETFR.SON ATTORNEYS AT LAW NAMPA OFFICE BxENr J. JoxrrsoN D. SAroQm, JOHNSON Etz[c S. RossrnnN TODD A. ROSSMAN ZOO EAST CARLTON AVE., SUITE 31 104 9Tx AvE. SovrH POST OFFICE BOX 247 Wn.t[.~~t A. MottROw Wu.ttAn2F.Ntcttots* DAVID M. SwnRTtEY TEaEErrc~RWIUTE"" POST OFFICE BoX1150 MERIDIAN,IDAH083680-1150 NAMPA, IDAHO 83b33-0247 TEL. 208)466.9272 ~ *Also admitted io OR FAX ( 08) 466-4403 ** Also admitted in W A TEL (208) 288-2499 FAx (208) 288 2301 E-hfAtt: @wppmc.cou PLEASE REPLY TO ,~~~ OFFiCE REcE'~D October 16, 2000 O C T 2 7 ?~~~ To: Staff Applicant Affected Property Owner(s) CITY OF MERIDIAv Re: Application Case No. RZ-00-004 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the ~ity Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefull complete (be sure it is le ble) the Position Statement if you disa ee with the Findings and~ecommepdadons 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. ~r- ly/ .,^1 BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The REQUEST FOR REZONE of APPROXIMATELY .55 ACRES FOR PROPOSED CHILD CARE CENTER WENDELL & KASHA LAWRENCE, Applicant Case No. RZ-00-004 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately .55 acres in size. The property is generally located at 737 N. Linder Road, in Meridian. 2. The owners of record of the subject property are Steven &. Linda Eisele, of Nampa, Idaho. 3. The Applicants are Wendell ~ Kasha Lawrence, Meridian, Idaho. 4. The property is presently zoned as Light Industrial, and is a vacant office. 5. The Applicant requests the property be rezoned to Limited Office. 6. The proposed site is surrounded by limited office zoning to the north, RECOMMENDATION TO CITY COUNCIL - 1 REQUEST FOR REZONE - .55 ACRES FROM LIGHT INDUSTRIAL TO LIMITED OFFICE BY WENDELL Sz KASHA LAWRENCE and residential to the east and west. The property to the south is zoned light industrial. The site is located at the SW corner of Linder Road and Pine Avenue. 7. The subject property is within city limits of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: To develop a child care facility. 10. The Applicant's requested rezoning of the subject real property as Limited Office is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR REZONE - .55 ACRES FROM LIGHT INDUSTRIAL TO LIMITED OFFICE BY WENDELL ~ I~A.SHA LAWRENCE the City Council of the City of Meridian that they approve the rezoning as requested by the Applicant for the property described in the application. Adopt the Recommendations of the Engineering and Planning and Zoning staff as follows: 1.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of property. Adopt the Recommendations of the Sanitary Services as follows: 1.4 Applicant shall provide an area for commercial can service or a dumpster enclosure. Z:\Worlc\M\Meridian 15360M\Recommendations\KZ04Lawrence.wpd RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR REZONE - .55 ACRES FROM LIGHT INDUSTRIAL TO LIMITED OFFICE BY WENDELL Sz KASHA LAWRENCE .~. .-, ' Meridian Planning and Zoe Commission Meeting y October 10, 2000 Page 2 Borup: Thank you. I didn't get that message yet, so Items 5 and 6 have been asked to be continued by the applicant. Nary: It looks like there was a letter in our box today. Borup: I didn't - Norton: To November the 14tH Borup: Is they're anybody here for those two Items that was the subdivision? Nary: Cedar Springs. Borup: Cedar Springs Subdivision. Looks like the applicant has requested it to be continued to the November 14~'. There will not be any presentation by the applicant. Was staff wanting to -- Swartley: Mr. Chairman, I was going to make the suggestion you could open those up to continue them. If these people here this evening have comments they would like to make and if they can't attend on the 14~', they are more than welcome to do so. Or perhaps they are waiting to hear what the applicant had to say. But if they have anything they would like put on the record I think we should open it up, have them come up and make any comments they have and then we can continue it to the 14tH and leave the hearing open. That's just a suggestion. Borup: When we come to that that would an option for you to do you can put your testimony on record and of course on the 14tH also. Item 1 Continued from September 12, 2000: RZ-00-004 Request for Rezone of .55 acres from I-L to L-O for a proposed Licensed Childcare Facility for 48 children by Wendell and Kasha Lawrence - Linder Road and Pine Avenue at 737 N. Linder Road: Item 2 Continued from September 12, 2000: CUP-00-045 Request for Conditional Use Permit for a Licensed Childcare Facility for 48 children in a proposed L-O zone by Wendell And Kasha Lawrence -Linder Road and Pine Avenue at 737 N. Linder Road: Borup: I believe we left that last time. There were some items to be worked out and information to come in. Have you got any more information on that, Steve? Siddoway: I do. Mr. Chairman, members of the Commission. Just to orient you briefly with the location, it's the hatched area right here that is on the southwest corner or just south of the southwest corner of Linder and Pine. This is an existing site photo taken today looking to the left looking down Linder. The building in the center is the subject property. You can see the adjacent land ,-. .-, Meridian Planning and Z~ ~ Commission Meeting October 10, 2000 Page 3 uses. This is Linder running along the front. The main issue last time - I wasn't here, but as I understand it was parking. This is a revised plan that was submitted by the applicant showing nine stalls. Going off of Brad's staff report that you should have dated September 7, Site Specific Item No. 2, the minimum of nine parking stalls would meet the requirement for 48 children but the maximum of 78 children. We also have the building elevations that were submitted along with the application. I think that's it. That being the main issue, I'll just put up the revised site plan. That's all the comments I have at this time. Borup: Any questions from any of the Commissioners? Hatcher: Steve, Mr. Chairman. Borup: Commissioner Hatcher. Hatcher: Were we also waiting on a final report from ACRD or am I mistaken on this project? Siddoway: I do not know. Let me look in here and see if we have one. Hatcher: I'm not finding one and Idon't - Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: Now again, I guess part of it's my recollection to. It seems like one of the issues that had come up at the last meeting was that we were unclear of based on what the site plan was. Maybe the applicant Mrs. Lawrence can explain this a little bit better tonight. How many -this CUP was asked for 78 children at the last hearing and we had some concerns on parking spaces and all those types of issues on what was available there. I think that was sort of left open maybe if you could help us a little bit. How many children are you for this CUP to be approved for? Unidentified: 48. Borup: Go ahead and state your name for the record. Lawrence: Kasha Lawrence. Borup: And address. Lawrence: 370 North Linder Road, Meridian, Idaho. Borup: So you are revising that to 48 from the original? .-. ,.~ ` Meridian Planning and Zc Commission Meeting October 10, 2000 Page 4 ~ Lawrence: They told me that - I submitted 78, but we want to do 48. I didn't know. I didn't understand I needed to revise that as far as turn something in. Borup: Our paperwork today does say 48. Hatcher: The updated paperwork does, yes. Borup: Your new application for 48 children -- the new parking is adequate for the building. Hatcher: For the 48. Borup: Yes, for the 48. Hatcher: I believe landscaping was an outstanding issue which I think this site plan addresses on the front. Lawrence: Fence. Hatcher: Wasn't there afence- Lawrence: The fence is also shown on there coming off the building to the property line in the back avoiding irrigation ditches which are right on the property line to the south. Hatcher: That was submitted. Steve, what's on -never mind. You are putting it up there. Norton: Mr. Chairman. This answers my question because ours didn't have the fence. I know we talked about having a fence and also the parking spaces. This bigger one does show the fence that was one of our concerns. Borup: Does that cover any concerns - Hatcher: -- (inaudible) all the issues that I can recall. Borup: Then you understood you would be coming back - Lawrence: If we wanted to do 78 byes. Borup: Any questions from the Commissioners? Hatcher: None. Borup: Thank you. ~ ,... Meridian Planning and 2 g Commission Meeting --~ October 10, 2000 Page 5 Lawrence: Thank you. Borup: Anyone here from the public that would like to testify on these applications? We did open both one and two. Hatcher: Seeing none, I move that we close the public hearing for discussion. Norton: I second it. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: Do we have any discussion? Hatcher: I have no discussion. Borup: Anyone else? Would anyone like to make a motion? Hatcher: Mr. Chairman. Borup: Commissioner Hatcher. Hatcher: I would like to make a motion that we recommend approval of Item No. 1 -- the rezone request of .55 acres from I-L to L-O for the proposed licensed child daycare facility of 48 children at Linder Road and Pine Avenue. Item No. 2 for the Conditional Use Permit for the same facility at the same location to include all staff comments and to reflect the additional information submitted tonight per our request last month and to bring last months testimony into record. Norton: I second that motion. Borup: Motion is seconded. Any further discussion? All in favor? Any opposed? MOTION CARRIED: ALL AYES Borup: You just did for Item No. 1, didn't you? Hatcher: One and two. Borup: One and two. I'm sorry. Item No. 3 Public Hearing: AZ-00-018 Request for Annexation and Zoning of 34.84 acres from RT to R-8 for a Church and vacant land •~ ._., Meridian Planning and Zor commission Meeting October 10, 2000 Page 2 Borup: Thank you. I didn't get that message yet, so Items 5 and 6 have been asked to be continued by the applicant. Nary: It looks like there was a letter in our box today. Borup: I didn't - Norton: To November the 14tH Borup: Is they're anybody here for those two Items that was the subdivision? Nary: Cedar Springs. Borup: Cedar Springs Subdivision. Looks like the applicant has requested it to be continued to the November 14th. There will not be any presentation by the applicant. Was staff wanting to -- Swartley: Mr. Chairman, I was going to make the suggestion you could open those up to continue them. If these people here this evening have comments they would like to make and if they can't attend on the 14th, they are more than welcome to do so. Or perhaps they are waiting to hear what the applicant had to say. But if they have anything they would like put on the record I think we should open it up, have them come up and make any comments they have and then we can continue it to the 14tH and leave the hearing open. That's just a suggestion. Borup: When we come to that that would an option for you to do you can put your testimony on record and of course on the 14tH also. Item 1 Continued from September 12, 2000: RZ-00-004 Request for Rezone of .55 acres from I-L to L-O for a proposed Licensed Childcare Facility for 48 children by Wendell and Kasha Lawrence -Linder Road and Pine Avenue at 737 N. Linder Road: Item 2 Continued from September 12, 2000: CUP-00-045 Request for Conditional Use Permit for a Licensed Childcare Facility for 48 children in a proposed L-O zone by Wendell And Kasha Lawrence -Linder Road and Pine Avenue at 737 N. Linder Road: Borup: I believe we left that last time. There were some items to be worked out and information to come in. Have you got any more information on that, Steve? Siddoway: I do. Mr. Chairman, members of the Commission. Just to orient you briefly with the location, it's the hatched area right here that is on the southwest corner or just south of the southwest corner of Linder and Pine. This is an existing site photo taken today looking to the left looking down Linder. The building in the center is the subject property. You can see the adjacent land -.. .~ Meridian Planning and Z. ~ Commission Meeting October 10, 2000 Page 3 -" uses. This is Linder running along the front. The main issue last time - I wasn't here, but as I understand it was parking. This is a revised plan that was submitted by the applicant showing nine stalls. Going off of Brad's staff report that you should have dated September 7, Site Specific Item No. 2, the minimum of nine parking stalls would meet the requirement for 48 children but the maximum of 78 children. We also have the building elevations that were submitted along with the application. I think that's it. That being the main issue, I'll just put up the revised site plan. That's all the comments I have at this time. Borup: Any questions from any of the Commissioners? Hatcher: Steve, Mr. Chairman. Borup: Commissioner Hatcher. Hatcher: Were we also waiting on a final report from ACRD or am I mistaken on this project? Siddoway: I do not know. Let me look in here and see if we have one. Hatcher: I'm not finding one and Idon't - Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: Now again, I guess part of it's my recollection to. It seems like one of the issues that had come up at the last meeting was that we were unclear of based on what the site plan was. Maybe the applicant Mrs. Lawrence can explain this a little bit better tonight. How many -this CUP was asked for 78 children at the last hearing and we had some concerns on parking spaces and all those types of issues on what was available there. I think that was sort of left open maybe if you could help us a little bit. How many children are you for this CUP to be approved for? Unidentified: 48. Borup: Go ahead and state your name for the record. Lawrence: Kasha Lawrence. Borup: And address. Lawrence: 370 North Linder Road, Meridian, Idaho. Borup: So you are revising that to 48 from the original? Meridian Planning and r g Commission Meeting ~-. October 10, 2000 Page 4 ~ Lawrence: They told me that - I submitted 78, but we want to do 48. I didn't know. I didn't understand I needed to revise that as far as turn something in. Borup: Our paperwork today does say 48. Hatcher: The updated paperwork does, yes. Borup: Your new application for 48 children -- the new parking is adequate for the building. Hatcher: For the 48. Borup: Yes, for the 48. Hatcher: I believe landscaping was an outstanding issue which I think this site plan addresses on the front. Lawrence: Fence. Hatcher: Wasn't there afence- Lawrence: The fence is also shown on there coming off the building to the property line in the back avoiding irrigation ditches which are right on the property line to the south. Hatcher: That was submitted. Steve, what's on -never mind. You are putting it up there. Norton: Mr. Chairman. This answers my question because ours didn't have the fence. I know we talked about having a fence and also the parking spaces. This bigger one does show the fence that was one of our concerns. Borup: Does that cover any concerns - Hatcher: -- (inaudible) all the issues that I can recall. Borup: Then you understood you would be coming back - Lawrence: If we wanted to do 78 byes. Borup: Any questions from the Commissioners? Hatcher: None. Borup: Thank you. ... Meridian Planning and Z g Commission Meeting --~ October 10, 2000 Page 5 Lawrence: Thank you. Borup: Anyone here from the public that would like to testify on these applications? We did open both one and two. Hatcher: Seeing none, I move that we close the public hearing for discussion. Norton: I second it. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: Do we have any discussion? Hatcher: I have no discussion. Borup: Anyone else? Would anyone like to make a motion? Hatcher: Mr. Chairman. Borup: Commissioner Hatcher. Hatcher: I would like to make a motion that we recommend approval of Item No. 1 -- the rezone request of .55 acres from I-L to L-O for the proposed licensed child daycare facility of 48 children at Linder Road and Pine Avenue. Item No. 2 for the Conditional Use Permit for the same facility at the same location to include all staff comments and to reflect the additional information submitted tonight per our request last month and to bring last months testimony into record. Norton: I second that motion. Borup: Motion is seconded. Any further discussion? All in favor? Any opposed? MOTION CARRIED: ALL AYES Borup: You just did for Item No. 1, didn't you? Hatcher: One and two. Borup: One and two. I'm sorry. Item No. 3 Public Hearing: AZ-00-018 Request for Annexation and Zoning of 34.84 acres from RT to R-8 for a Church and vacant land I October 6, 2000 ~~ RZ 00-004 MERIDIAN PLANNING & ZONING MEETING October ] 0, 2000 APPLICANT Wendell and Kasha Lawrence ITEM No. 1 REQUEST Continued Public Hearing from 9/12/00 -Rezone of .55 acres from I-L to L-O for a proposed licensed childcare facility for 48 children -Linder Road and Pine Avenue at 737 North Linder Road 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: See A#ached Contacted: COMMENTS See Previous Item Packet Date: Phone: Maferlals preaenfed ai public meetings shalt become property of the Clfy of Meridian. ~-. ,-. Meridian Planning and Z. ~ Commission Meeting September 12, 2000 Page 10 Norton: I'll move to close the public hearing. Hatcher: I think it already was. Borup: No. Hatcher: Okay, then I'll second it. Borup: Okay, motion and second. All in favor? MOTION CARRIED: ALL AYES. Borup: Do we need any other discussion for our motion? Hatcher: Commissioner Borup. Borup: Commissioner Hatcher. Hatcher: I move that we recommend approval to City Council for CUP-00-045 request for Conditional Use Permit to allow a telephone call center in an I-L zone by Power Engineers in representation for Micron Technology Crucial Tech off of Eagle Road between Franklin and Fairview to include all staff comments to amend the requirement for sidewalk improvements along Commercial Court to not require it. Nary: Second. Borup: Motion is second any discussion? Seeing none. All in favor? Any opposed? MOTION CARRIED: ALL AYES Borup: Thank you we appreciate this type of business in our city. I think it makes a nice asset. Item 3. Public Hearing: RZ-00-004 Request for Rezone of .55 acres from I-L to L-O for a proposed Licensed Childcare Facility for 48 children by Wendell and Kasha Lawrence -Linder Road and Pine Avenue at 737 N. Linder Road: Item 4. Public Hearing: CUP-00-045 Request for Conditional Use Permit fora Licensed Childcare Facility for 48 children in a proposed L-O zone by Wendell And Kasha Lawrence -Linder Road and Pine Avenue at 737 N. Linder Road: Meridian Planning and Zc .-~ Commission Meeting '^ September 12, 2000 Page 11 Borup: Okay. Item No. 3, public hearing, request for rezone of .55 acres from I-L to L-O for a proposed licensed childcare facility for 48 children by Wendell and Kasha Lawrence, Linder Road and Pine Avenue at 737 North Linder Road. We'll open the public hearing and have staff comments first. Nary: Mr. Chairman . Borup: Commissioner Nary. Nary: Would it make sense to call both Items 3 and 4? Borup: I think that would be a good idea. We will be able then to have a report and testimony on both items. Brad. Hawkins-Clark: Thank you Commissioner Borup. Just to familiarize you, the subject lot is at the -more or less the corner here of Pine and Linder, one loi down on the west side of Linder. There is an existing office warehouse building there. There is a large multi-tenant industrial site here with a storage yard that wraps around the west side of the site. This is north this direction, entrance off of Linder Road. The existing building situated here. Future expansion located here. They do have three existing parking spaces with some existing landscaping. At this point my understanding they are not proposing to expand the facility immediately they're looking at using the existing facility as it currently is. Here is an elevation of the existing building on the site. I guess the floor plan didn't get put in here but you should have in your packets a copy of the floor plan. I would just like to point out three or four things in the staff report. On Page 2 under the rezone general comments -Bruce Freckleton at our Public Works Department did review the legal description we -according to the assessors map, it appeared to us that the legal described a parcel that was larger than what the assessors electronic data has. Kasha Lawrence did come to the office today and pointed out with an assessor's map that showed, in fact, the right-of-way has already been dedicated previously. When this property built building he was required - we have not gotten evidence of this Ada County Highway District yet I'm simply passing on to you what Kasha passed on. They dedicated 45 feet from the center line of Linder Road which pushes back the property line along Linder. The legal description calls out 180 feet from more or less the center line of Linder so if you take off 45 feet of right-of-way then that ends up a total depth lot of a 135 feet. I believe the 110 feet that we measuring -maybe Bruce can speak to this -was actually looking at a map that did not show the dedication. It didn't reflect that. As this is currently built, it's already got the right-of-way dedicated. They would not need to dedicate any more. That would take off or eliminate their front landscaping there on Linder. I guess there is still a little bit of questions since we haven't seen any final. We probably need to review that. It appears that they have 135 feet from the property line on Linder to the west to the rear of the lot. Which is 20 feet less than what it scales out on the site plan which is 155 feet. So we are talking about 20 feet less what they compared to what was on the Meridian Planning and Z''~g Commission Meeting September 12, 2000 Page 12 site plan. If 135 feet is accurate. I also want to point out to you on Page 4 No. 2 the parking issue, that with 48 children minimum of nine parking stalls would be required. They do have room here currently without any additional asphalt to do two more parking stalls here. I don't think they exist they would just need to be striped. That would make for a total of one, two, three, four, and five. Probably about another four in order to accommodate 48 children which, is what they are proposing at the first to have at the existing site. They request -Wendell and Kasha to address that as far as how they would get four more stalls. And then No. 4 on page 4 the floor plan it appears I was wrong instead of 1,386 square- feet its actually 1,904. The actual floor area of the building which would bump up the total amount as far as the Idaho State Code requiring them a minimum of 35 square-feet per child. That would bump it up to allow 46 children in that amount of square-foot that would be one modification. On ACHD's staff report on their site specific like I said we haven't received a revised, they are asking for 48 and it appears they are only going to be asking for 45 so it is a change of 3 feet. They would not a t this point be asking for more right-of-way Ada County Highway District would not. Other than that I think the rest of the staff comments are accurate and I just request that they be incorporated. Borup: Thank you, any questions from of the Commissioners? Norton: Mr. Chairman . Borup: Commissioner Norton? Norton: Brad would this business need to go for another Conditional Use Permit when they do the addition to ask for 78 children? At this point we're only motioning on 48 maximum children for this facility; is that correct? Hawkins-Clark: I haven't really thought that through. Child-care centers are a Conditional Use Permit always. I think that would be really the only way for us to approach it. Unless they have some more details tonight as far as what the future expansion looks like what the parking lot -how they're going to accommodate that many children. Otherwise I think you would be approving something that we really don't know what it looks like. Norton: Too many children and not enough room. Okay so 48 children is what we're discussing tonight? Hawkins-Clark: Right. Nary: Mr. Chairman Borup: Commissioner Nary. Meridian Planning and fining Commission Meeting September 12, 2000 Page 13 Nary: I heard you say, Brad, in the one portion regarding the right-of--way or the square-footage. No. 4, there appears to be adequate square footage for 46 children, but the parking can't incorporate 46 children at this point. Is that correct? Hawkins-Clark: 48 that's correct - Nary: In the parking provisions of No. 2 you say it's the staffs recommendation that we only approve 30 children because the parking is not adequate at this point. Hawkins-Clark: Correct. Nary: No. 4 there is more square footage in the building than originally thought. So the building could hold 46 children under the formula but the parking doesn't match that. Hawkins-Clark: That's correct. Nary: Thank you. Borup: Anything else before we go on? Would the applicant like to come forward? Kasha Lawrence: I'm Kasha Lawrence. The first issue I would like to address is when I went and spoke with Shari when I put in this application she told me don't limit yourself as far as the number of children if we want to do the future expansion. That's why f have the 78 based on the square-feet. It doesn't really matter what - f mean you guys could approve me for 48 and then licensing and the Fire Department go in there they will actually measure -they don't actually count the bathrooms and hallways or anything like that. They will actually reduce it down from there. I'm actually applying for the 78 today that's what I'm applying for. When the fire department will not approve more than 50 without appropriate sprinkler system and fire protection. The 48 would possibly - we haven't went in there and measured we have but the fire department is actually the one who goes in and measures and the licensing to tell you the exact number - 47, 43 depending on where you have your bathroom and kitchen and hallways. As far as the parking goes I think we have six there there's a number one down there in the far left by the round bushes. I went back over there today after we spoke and that is an actual parking spot. I don't how you would - if need to stripe that. I don't know if you guys can see the little number one right there in the corner. Yes that one. That would move us up to six. I did not know that when we put in the application that we had to have one parking spot for each staff I just thought the requirement was one per every 10 children or I have would have addressed it. What we are proposing at this time is to as pavement to incorporate the Meridian Planning and ZpaiQg Commission Meeting September 12, 2000 Page 14 necessary parking spots to the north of the parking spaces that we already have there. Borup: You are talking about adding three spaces there you say? Kasha Lawrence: If we are going to pave it we can add as many as we need. Borup: How much are you going to be paving? Kasha Lawrence: If we pave to incorporate future expansion we might as well pave the whole rest of the area. I think it will be less cost efficient if we paved four parking spots and then in a year came back and paved the rest. As far as I'm concerned we could put in the full (inaudible) of parking spaces there to the north of the part that was already paved because to the right, right now is just bare ground. Borup: Nay questions from the Commission? Hatcher: Chairman Borup. Borup: Commissioner Hatcher. Hatcher: I was just looking at the paper work submitted your application was for 48 children which is the maximum your currently applying for. If I understood you right your in favor of enlarging the parking lot to the - Kasha Lawrence: Right now at this time we have to enlarge the parking lot to facilitate 48 - Hatcher: -- (inaudible) the amount of children that are - Kasha Lawrence: -- that we can take - Hatcher: -- and then come back later for a second go around Kasha Lawrence: Right now I would like to do the 48 and then for the future expansion go back for the 78. I didn't know how it worked as far as saying okay in a year we would like to expand. Shari Stiles I asked her about it and she said don't limit yourself. That's why it was put in there I didn't know what the exact process was. Hatcher: Expanding the parking lot to its maximum potential for preparations of future building expansion you are also in favor of providing the required landscape buffers to adjacent properties and the (inaudible) right-of-way - Meridian Planning and Z°"`49 Commission Meeting September 12. 2000 Page 15 The CUP -- at least the staff commebackeThere ahe curerently Kasha Lawrence. roblem providing buffer on this side and I think b Cher backaWe don't have a p very mature pine trees along adequate landscaping. 'n to et a clear picture of what's bee naudibl ) ~ghta owWhat Hatcher: I'm just tryi g 9 we're talking about. We are talking about stuff that isn t on Kasha Lawrence: We had not submitted a landscape plan. ' ~ust etting a feel for - if your going to expoand t ebe req Bred Hatcher: Right I m p 9 our also g 9 which we don't have documentation on right now y to - Kasha Lawrence: Add more landscapin9~ tcher: -- to add landscaping around that parki a s otn of the bu Iding. I just Ha compliance so you will be prepared for the future exp want to make you are clear with - Kasha Lawrence: Yes I understand that. Borup: Anyone else? Norton: Mr. Chairman. Borup: Commissioner Norton. Norton: Mrs. Lawrence are you currently a daycare provider at this time? Kasha Lawrence: Yes we own a facility that is down the road it is on 444 N. Linder Road. License for 50 children. Norton: So would this be an addition to what you already own or are planning on moving your whole operation over here to this one? Kasha Lawrence: No we just opened the other one so this would be another facility. Norton: Another facility so you are familiar with the daycare licensing laws in the State of Idaho? Kasha Lawrence: Yes we are. Norton: I have not I am not familiar with this law is their grass Currently 111 the backyard? Meridian Planning and Zc"^` Commission Meeting "'' September 12, 2000 Page 16 Kasha Lawrence: Currently in the backyard right now are pine needles. We would want to grass it and sprinkler it just for the children's play area that's pretty much expected. Norton: And fenced? Kasha Lawrence: We have to be fenced before they licensed us. Norton: Thank you. ***End of Side One*** Hatcher: Real quick, how many parking stalls would be required for 78 children? Borup: Sixteen. Hatcher: For 78 children? If we required 9 for 48 we would have - Hawkins-Clark: Part of that, Commissioner, depends on the number -the age of the kids. As I understand there is a ratio of one staff to six infants and then one staff to 12 is that right Kasha? Kasha Lawrence: And then one staff to 18 - Hawkins-Clark: For six and over? Kasha Lawrence: For five and up. Hawkins-Clark: Depending on the age category of the kids then one employee if they have all infants they're going to need more parking spaces because there are more employees. At this point we would need to get that information from them. Seventy-eight children depending on the ratios of the ages. Hatcher: Your future expansion or even current facility could be limited solely by available parking? Kasha Lawrence: Right if we are going to pave the rest of the area we would definitely want to put as many parking spaces that we could fit in there with landscaping and space available. Right now at our current facility we have 16 spaces for 50 children that would be five that are required for the number of children. I've never heard it specified by age. Then we would have approximately five more for staff so we have 6 extra over there. we obviously have plenty you can always find an empty spot. I would rather do a couple of more than not here. We have a lot more room at the other place I don't how many we can actually fit in here as far as spaces go. Meridian Planning and Z~+ng Commission Meeting .~ September 12. 2000 Page 17 Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: Currently there is only one handicap space and you count the handicap space towards the ratio also? Hawkins-Clark: Yes correct. Kasha Lawrence: How many handicap spaces do you have to have per number of parking spots? Hawkins-Clark: Twenty-five are the cut off. You have to have at least one van accessible per 25. Borup: Commissioner Norton. Norton: Mrs. Lawrence, I have just one other question regarding where is the front door of the building compared to where the parking lot is? I'm concerned about safety as moms and dads drive in drop their children off and where do they have to walk in order to get to the front door. Kasha Lawrence: Right there where he has the arrow is the front door. It has a ramp there currently to your right where the two long spaces are not paved its concrete. But how we have it our current facility when we had them do the parking lot we had them go ahead and put a sidewalk all the way out. Quite away out at leas to the end of the building - at least here we would want it to go to the end of the building. There going to be the parking lot issue safety even if -I've seen parents let their kid get out of the car and let their kid run the other direction. I would be willing to put in the necessary sidewalk it at least helps keep them out of the parking lot if you put a sidewalk the rest of the way down. There may possibly be another entrance in the future expansion. Another thing I want to address that was in the staff comments was the number of jobs verses the number of staff. Typically the daycare is going to be open from seven to six which is an 11-hour day. Usually we will have someone there in the morning and someone there in the evening even though there is two employees they're not there at the same time. I can't work people the whole time 11-hour days 5 days a week. Even though there would be more than five jobs that is promoting that we would be having new jobs there not all there at the same time. Borup: Any other questions? Thank you we may have some more later. Do we have anyone here from the public who would like to testify on this? Come on up. Karmack: My name is Becky Karmack I live at 17D5 West .Pine. Chairman and Commissioners I would just like to ask a few questions. I don't have a lot of Meridian Planning and Z.a-rg Commission Meeting ,~ September 12, 2000 Page 18 information yet about what it is and what's going on we live just around the corner. The play yard is going to be where, Kasha; is that behind? Borup: Yes. Karmack: And that will all be fenced? And will there fence around the whole thing? Will it be fenced around the parking lot too? Can I ask her these questions? Borup: Well no you need to address the Commission. Karmack: Okay. I'm sorry, I would like to know where the fence is going to be. Borup: The fence will be around the entire play area back of the building. Karmack: But not surrounding the parking lot or front areas at all? Borup: No that's landscaped around those areas. Karmack: Another thing I would like to address that is only one lot away from a four-way stop and I assume there will children who will attending school so there will be a bus stop there. Borup: We can find out on that. Karmack: That would be an interesting issue to address where that bus is going to stop and how those kids are going to get off. I was just wondering about the landscaping and where that will be. There is an irrigation canal it's a ditch part of its underground part of it is above that goes along the south side of this property and connects all of those homes that face Pine. Borup: You are saying part of that ditch is open at this time? Karmack: Part of the ditch is open but it is only behind their property everything on their property is covered. The opening for that is right on the corner of their property that's the only access that any of us have is on the corner of their property. Borup: On Linder? Karmack: For that irrigation, on Linder. That's correct. Borup: Up front on Linder? Meridian Planning and Zv-~g Commission Meeting .~ September 12, 2000 Page 19 Karmack: So any changes to be made in that property this was an issue when the property was done. Providing access to that irrigation because that was our only way of getting there. Borup: At this point what they presented to us is not showing any changes in that area. Karmack: Maybe you could educate me I'm not sure. Once a Conditional Use Permit is done is that then forever? Borup: No. Karmack: So once it's approved. Borup: Its approved if they comply with what they've agreed to if they become out of compliance then the - Karmack: Who is the policing body for that? Borup: Normally the city is but normally it's done by complaints from - Karmack: The reason I address that is because we have two other businesses that are in that area that are Conditional Use and one is a very small business on the corner a wood business you maybe familiar with. Borup: Are you sure that's a Conditional Use? Karmack: That was my understanding that it was approved with Conditional Use and it was very unobtrusive and small at the onset it is no longer in that - I guess my fear is once the neighborhood agreed and supported that and then things changed. I am just wondering what kind of controls there are for Conditional Use Permits and if they are unlimited? Borup: No they are not unlimited and they can be -- I think the wording is a violation of any of the conditions will be cause to revoke Certificate of Occupancy. Conditional Use is subject to review 10 days notice to the applicant that's one of the conditions. I'm still thinking about this wood thing here see you are sure that was a Conditional Use though? Karmack: As far as I know that's how it was brought to us in fact we were required to sign something as I remember. Borup: Okay that was before any of our time Hatcher: Chairman Borup. Meridian Planning and Zing Commission Meeting ~-. September 12. 2000 Page 20 Karmack: I'm sure it was but before mine. Borup: That's not applicable to this application. Karmack: No it's just a point of comparison. Hatcher: I would recommend that you talk with the planning department. Karmack: With Planning and Zoning okay Hatcher: With Bruce, Brad and Shari. Karmack: I just wondered about the length of the permit. One of my concerns about this issue what come up tonight which is new to me and that is if there are 48 kids and eventually we're looking at 78. Would that have to go (inaudible) drawing board. How huge is this going to get? Borup: No we would only be approving a set number tonight for them to do anymore they would need to come back before this Commission. Karmack: I'm very interested in what kind of feedback ACHD has given. This is right around the corner from the high school and I'm sure you're aware of the traffic there if not you're more than welcome to come to my home for a couple of days I be glad to have you to see what that's like. There is a real issue there as far as traffic I would like to know the specific numbers of increased traffic on that intersection that ACRD has projected I know they generally project an increase in traffic. I would like to know how many more vehicle trips they are projecting. Borup: We have not - do you have n ACHD report? Hawkins-Clark: Commissioner we do. It's a draft at this point 200 additional. Karmack: Two hundred additional ones per day? Hawkins-Clark: Correct. Karmack: On that intersection. I would certainly ask the Commission to think about that. To think about the (inaudible) traffic trips. And if we're looking at 78 eventually then 200 is going to grow. Would that be your guess? Hawkins-Clark: Their draft report does show up to 48 being the 200. One thing to clarify that a vehicle trip is one trip is to the site, one trip is away from the site - Karmack: 100 people back and forth or 100 cars back and forth one there - Meridian Planning and Zgr~g Commission Meeting ,~ September 12, 2000 Page 21 Borup: No, 48 making - 48 cars dropping the kid off so that's assuming one child per family too. Hatcher: Four vehicle trips per child. Borup: to there and back, there and back is four vehicle trips. Karmack: I guess again I'm just concerned about the traffic impact those lanes there are two lane roads there is a bicycle lane coming on Linder up to going south and there are no bicycle lanes on the others but we have bicycles all the time. My concerns I guess high school students aren't known for necessarily known for following the lanes. We often have a two lane road that turns in to a four lane road on that intersection that's very common practice. I am concerned about the traffic impact on that area. It would be substantial its difficult now. Borup: (inaudible) one way ACHD has no way of projecting is how many of these trips are people that are already driving that intersection. Maybe - Karmack: Correct. Borup: -- maybe making a shorter trip than they would otherwise. Karmack: And we certainly hope if that goes through that is the case. Other than that I have nothing against the type of business at all. Childcare to me there is such a need for it I see that. I certainly would just as soon have it zoned that rather than industrial in that area I think that's an improvement. I just do have concerns - Borup: It is a down zone - Karmack: It is. I am not necessarily opposed to that I do have some concerns. My main concern is the traffic concern and then I am concerned about the limits and what will happen because of that. It is a small area that's a very small area and it is boxed in there between the industrial area that is there and that intersection, that corner. As you discuss those things I would certainly hope you would address those kinds of issues. Thank you I appreciate your time. Borup: Any questions from the Commission? Do we have anyone else who would like to testify? Martinson: Good evening my name is Merle Martinson I live at 1572 West Idaho Court which is directly across the street from said building. I am, too, concerned about the traffic situation. If you are familiar with that area during the peak hours of traffic at school time you will note that traffic does back up at that four-way stop sign clear back to the railroad tracks. There is a lot of truck traffic on Linder Road during the daytime. I would also like to draw to your attention that there is Meridian Planning and Zopiaq Commission Meeting September 12, 2000 Page 22 no curb or gutter on the west side of Linder Road. There is no sidewalk on the west side of Linder Road. Any traffic to this childcare center would not be able to be allowed to get off the sidewalk and go into the area or anything like this all of the traffic would have to be off of Linder Road into the parking area. That peak hours of school traffic I think this would create a very severe traffic problem. I would like to call that to your attention. We were under the impression that there would be only the 48 -the number of 48 in regards to the daycare center. Now we find out its going to be probably nearly double that in their final plan. Which is going to cause real problems with traffic and with safety. Anybody trying to get into the west side of the premises would have to cross traffic going south with the traffic condition that close to - Borup: Someone coming north you mean? Martinson: Yes trying to go across traffic to get into the parking area would be a real problem. School buses are noted for there using the east side of Linder Road along which side I live on for the parking area to accumulate there before school is out. It is an area where vision is obstructed quite frequently. I, too, am concerned as the previous speaker was about this problem and would like it brought to your attention. Borup: Mr. Martinson, a couple of questions. I would have what time of day you said the school buses are parked at the end of school. Is that like three o'clock or do you know what time that usually is. Martinson: They start accumulating there anywhere between two-thirty and three probably 15, 20 minutes before high school is out. Borup: High school is out at what time? Martinson: Usually we try to stay off Linder Road and Pine from about three o'clock until it dies down. Borup: Sounds like from three to three-thirty or four something like that. Then how about the schools traffic in the morning what time is that? Martinson: The school traffic starts probably about seven. Borup: Are there classes that start that early. Martinson: Well seven-fifteen somewhere along there. It peaks along about seven-thirty it really gets congested there. We don't even try to get out on Linder Road or Pine either one for approximately 45 minutes to an hour in the morning and the afternoon. Borup: Thank you, any other questions from the Commissioners? Meridian Planning and Zo~q Commission Meeting ,~ September 12, 2000 Page 23 Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: Mr. Martinson I guess I'm not positive if its open isn't there a new daycare facility on Linder south of the railroad tracks? Martinson: Yes there is. Nary: I'm not sure if that's open or that's had any increase in traffic that you've noticed or anything. Martinson: That's far enough away from where I live that I haven't noticed anything. It's far enough away from the four-way stop that it probably isn't effecting it. It might have because there is a stop sign at the railroad tracks. Nary: Thank you Borup: Thank you. Do we have anyone else who would like to testify? Kasha maybe a question for you I think we had one question we weren't able to answer for -that was school children. Are you participating in any school age children? Kasha Lawrence: I have called the Meridian Bus Barn and they will not pick up there because they are currently picking up at our facility down the road. The Bus Barn has already required two other stops on Linder Road to come to our facility on 444 N. Linder Road. Now there is only one stop Linder Road and the Bus Barn said if we wanted the stop across the street those kids would have to come to our current facility because - Borup: South of the tracks? Kasha Lawrence: Yes because of the traffic situation on Linder Road. Borup: So if you do have any you would need to drive them down to the other facility then. Kasha Lawrence: Yes we would have to bus them. We are definitely going to try to keep the school age children at the larger facility with the more parking spaces. That facility actually has a turn around buses can actually go in and turn around if they need to. Currently right now we do not plan to have any children above age -once they're in kindergarten they have to go up the road. Borup: And even if you did they're would not be bus traffic to this facility. Meridian Planning and Zo~igg Commission Meeting ,~.., September 12, 2000 Page 24 Kasha Lawrence: No there won't be bus traffic because the Bus Barn said no. there was a question that I wanted to answer for you as far as the playground area. We have over an acre of playground area at our current facility and even at the current facility we have it broken up where the infant and toddlers play area is separate from the older children's play area. We do have the children go out in the morning and in the afternoon but all classes do not go out at once. We'll have one teacher take their class out and then we might have two classes out there. we won't have the entire facility all the children out on the playground at once. I don't know if I covered everything. Borup: Any questions from the Commissioners, was there anything we missed? Norton: Sidewalks and gutters. Kasha Lawrence: Ada County Highway District is requiring we put the money in trust for the sidewalks before they will -that's one of the stipulations. They've already required that. Part of the reason there is no gutter and sidewalks on there at our current facility they did require us to put sidewalks and gutter. But when Ada County Highway District was up there they really weren't picky about where we put the sidewalk because they said when they do the road improvements they are going to have to rip it all back up. I think its smart that they put in it trust instead of having to do double work so when they do get the road as wide as they need it they put it in appropriate place. Borup: Do you have any comment on the traffic on school traffic has that been a problem with your present facility? Kasha Lawrence: I have not had a problem in the afternoon in the mornings I have had parents say they go around the other way -they don't do the Pine or the Linder. They go around either to Franklin some of them will come up Pine rather than going all the way down Linder to our current facility because of the high school traffic in the morning. Currently at our 444 N. Linder facility we have quite a large waiting list of people that go by the day care every single day. We will not be bringing a lot of people that normally do not go down Linder Road. We anticipate most of the traffic that we will have is already there. There are a ton of new subdivisions around there that have young families that have been utilize us currently. Borup: That's what I would anticipate that's why I mentioned it earlier. Do you have any idea on numbers at all probably that's a little earlier at his point. You said you have quite a waiting list. Kasha Lawrence: There are some people we don't put on the waiting list because basically they have to fill out the application and show that they are serious to get on the waiting list so we can keep that current and call the next person - Meridian Planning and Zoryaq Commission Meeting September 12, 2000 Page 25 Borup: What kind of numbers that are driving by is what I was wondering. That would be trips that are already going. Kasha Lawrence: We've done no advertising either the people who come in drive by and see the facility or by word of mouth and I would say 99 percent of people are from Meridian. Right now our waiting list and (could - I probably should have done my homework and went in seen where all these people lived. We've got about 28 right now on the waiting list and I don't know of any of those that are from other areas than near us. Borup: Probably is already north of you and is driving that way anyway you mean. Like heading from a subdivision to the freeway. Kasha Lawrence: We have a lot from the subdivision down the street the bird subdivision The Landing I have quite a few that live there. I have quite a few that are in Merryweather and the other one that's around the way on Pine. Borup: I think that's answer my questions any other questions from the Commissioners? Thank you anything final you wanted to say? Kasha Lawrence: I'll think of it later I'm sure. Thank you. Borup: Anything from staff? Freckleton: Mr. Chairman I have just one quick question regarding the irrigation access just a point of clarification. If that access box is in the front out towards Linder or is it in the back of the property? Unidentified audience member: It's in the front. Freckleton: So not in an area that would be fenced in, in the back? (inaudible) Borup: And you understand that the access needs to be kept for the irrigation for down ditch use? Anything else from the Commissioners? Hatcher: No. I move that we close the public hearing. Norton: I'll second that. Borup: Motion is second to close the public hearing, all in favor? MOTION CARRIED: ALL AYES Meridian Planning and Zopictp Commission Meeting ,..,~ September 12. 2000 Page 26 Hatcher: Discussion. Borup: Yes you would like some discussion first? Hatcher: Yes I will go ahead and start off with discussion. I'm not opposed to the project but I won't approve it tonight for the reason of documentation that is before us tonight is to sketchy there is to many gray areas. How are we going to expand that parking lot, how is the layout of the stalls going to be, how many stalls are you going to be able to facilitate? What is currently on the plan as stall number one isn't a valid parking stall. Are you going to be able to maintain the required landscaping buffers without sacrificing parking? Your over all count for allowable children in your facility looks likes its going to be based upon how stalls the sites going to allow you to put on it. All of these issues are up in the air. Before I can approve it I want to see hard numbers and would recommend the applicant go to a design professional or have staff assist you in what the requirements are. And bring back to this board what you propose and what those hard numbers are. So that we have a better idea what it is we are approving. I would include the lay out of the fence the proposed square-footage of the future expansion because that's all relevant upon the parking stalls. Basically have all your ducks in order and have a complete package and I don't have any problem at all. Traffic is an issue traffic is an issue in the entire valley I hate to say it but I have really become numb to it. It's not in our control wish it was because I would do a lot about it if I could. That's ACHD's problem I would sit right besides you until I was blue in the face and its not going to do any good. Everything else is in order the application is in order and I think the facility is appropriate, the location is appropriate. I would much rather see a day care facility than an auto body shop and I think your neighbors would agree. I would just ask that you come back, I recommend to the Council that we continue this hearing to our next month and finalize it at that time. Borup: Commissioner Hatcher that question is you concern on build out at approximately 78 students then? Hatcher: If the application that we reviewing tonight are going to be based upon - the application is submitted for 48. Borup: Right. Hatcher: The applicant has made it clear in testimony tonight that she would - and its only logical that you expand the parking lot to maximize the stalls. She would either have more stalls than required for 48 children or she going to be what I suspect be short of 78. Based upon if we have nine stalls for 48 children I would suspect we would have to have probably 12 or 13 stalls for 78 children. Based upon my professional knowledge your not going to get 12 to 13 stalls on this site based upon its current configuration. Somewhere between - Meridian Planning and Zg~g Commission Meeting ,^ September 12, 2000 Page 27 Borup: So you're proposing to deny it based on what may happen in the future if they choose to expand. Hatcher: Even with what's before us we don't know -the parking stalls we have right now is not adequate for 48 children. Borup: Right Ithink - Hatcher: I would deny it for that - Borup: Because they are not designated. Hatcher: Yes we don't have adequate stalls for 48 children as it stands. We don't know were they fence is. They are to many gray areas that I will not approve it as it,stands tonight. But I'm not opposed to the project. Nary: Mr. Chairman. Borup: Mr. Nary. Nary: I would also concur with Commissioner Hatcher that Ithink -- in reading the staff report I think the staff was left with a lot of questions they weren't able to answer that the Kasha Lawrence's don't have quite all the details yet for this site. I also agree with Commissioner Hatcher I think that maybe tabling this and setting it over to allow some of those details to be worked out is the best alternative rather simply a denial. I do think it is an appropriate type of use for this area. I think it is better than the industrial uses that could also be done on that particular site at this time. I think there are some real good reasons to continue on and try to make this happen. Even in reading the staff report it is clear to me that in the preparation of this -Subsection No. 2 deals about parking its based what's currently there on the site there isn't adequate parking for 48 children. In Condition No. 3 the fire department says there is adequate space now for 74 children for a play area an outdoor play area for 74 children. It has to fenced, it has to be landscaped, it has to be grassed there is a whole lot of detail needs to be done before you can even do that. In Condition No. 4 the floor plan there is adequate floor plan right now for the current building for 46 children but there isn't a floor plan or a building to have 78 children on that site. There is a lot of detail that isn't done yet. I think you need the time to get that done because I think it's a good use of the property. The only I would disagree slightly with Commissioner Hatcher is that our Ordinance does at least give us the ability to address the traffic concerns that Mrs. Karmack and Mr. Martinson brought forward we at least need to address that. I agree also with what he says it really is ACHD's concern and its their problem to deal with on how wide that road is and whether that four-way stop is the appropriate traffic control for that particular intersection whether it needs to be something different than that. That's is ACHD's purview. It is not ours to do that, but we certainly can at least look at it, Meridian Planning and ZgaiQg Commission Meeting ~. September 12. 2000 Page 28 and at least make a finding or at least address it with the - we did that with the gas station for Fred Meyer. We did the same thing. Our ordinance gives us the power to at least talk about it and at least make it something that we can discuss as to whether it's appropriate. I concur whole-heartily with Commissioner Hatcher. I don't think we're there yet. I don't think there's enough information here for us to be able to approve something like this but rather than deny it which really is going to put you in the same boat. What he's saying and what I agree with is that I think some of that detail needs to be brought back and we need to see it. We don't have it tonight to be able to look at it and say what is this parking lot going to look like? Where's the fencing going to be? Where are the stalls going to be? Where is the landscaping going to be? How is this building going to look when 78 children are going to be in it? I think that's the detail that we need to see that isn't present right now. Hatcher: I think it needs to be presented at its full build-out -what is its full build-out? Borup: But, evidently, you say before they can enlarge - no, it needs to come back before us. Hatcher: But what the Larsons were asking is that they wanted approval for us to approve the CUP for 78 children today. There isn't enough information for us to approve that, in my opinion. Borup: I didn't have that impression. We're not being asked to approve for 78, are we? We can't approve it for 78. The building is not big enough, for one thing. Hatcher: The application was for 48 and that's what's before us. She did state that she was submitting for 78. I think that was an error, but it has been very clear that the intent is for site improvements to be done for future build-up. I'm not saying that we need to have floor plans and elevations and construction documents for the future building. I'm just saying that I need to know how big of a parking stall that we can get on that site -how many stalls can we get on that site, which in turn is going to govern how many children that this facility will be able to accommodate. I don't think it's going to be 78, but it's definitely going to be more than 48. Now, we might have the parking provided for 66 children, but the application is only for 48. We don't even have adequate facilities for 48 right now. Borup: My thought is that that's the only issue is we need to have 9 parking stalls is what needs to be indicated. Hatcher: If the application is going to be for 48 only, there needs to be 9 stalls. There is not 9 stalls. Meridian Planning and Zoa+ag Commission Meeting September 12, 2000 Page 29 Borup: We really need to reopen the public hearing, or you could go and talk to the staff. Hatcher: Are we going to continue this? Borup: Well, if we're going to continue, it would probably be appropriate to reopen it. We'll also have two applications before us. We opened them both together, so I guess we'd close the both together. Hatcher: Then I would motion that we reopen the public hearing. Nary: Second. Borup: Motion is seconded. All in favor? MOTION CARRIED: ALL AYES. Borup: Mrs. Kasha Lawrence, you can come on back up. Kasha Lawrence: I knew I would come back up. As far as a lot of things that you're asking that you want hard numbers on, I could have put all of the hard numbers on there, other than the fact I was confused about the parking. We cannot get an occupancy permit to even have one child in the door until we comply with all of that. Borup: Well, I can't approve it. I can't recommend approval to City Council until I have that. Kasha Lawrence: Well, most -and our last Conditional Use Permit that they approved us, they said "Okay." Let me see one of the things that they called us on -the trash enclosure. They didn't like where it was or whatever. They told us -and right now we don't have anything about a sign. The Conditional Use was approved on the condition and there's lots of conditions. It will just be one more that the trash enclosure was approved beforehand. The landscaping plan I already have to approve through Planning and Zoning before I can apply for the occupancy. I could have stipulated more of that stuff in there and I should have. I could not have stipulated the parking because I thought the ordinance was 1 for every 10 children, so with the 48, I thought we were covered. I did not know the staffing. As far as the parking, we have to comply. Hatcher: May I interrupt you for a second? Tonight, before me, I have two options. I can either continue your current application so that you can have approval one month from now with the proper information before me or I can deny your project as it stands. Those are the two options I have before me. That's all I have. Meridian Planning and Zo"'gg Commission Meeting September 12, 2000 ~ Page 30 Kasha Lawrence: Okay. You're saying approve it as it stands before you? Hatcher: No, I say to deny it as it stands before me or approve a month from now when you bring me - Kasha Lawrence: The only thing that basically I wanted to say is that we are definitely planning to be in compliance. Whether that means having more - Hatcher: I don't doubt that at all. It's just that Ican't - Kasha Lawrence: I have pretty much tried to present the property as it is. I mean that is what we have. It's not like our other one. There was nothing there. They approved it with nothing there. By the time the Conditional Use was approved to the time we got our occupancy permit, they had us rearrange the whole parking lot. So, I have no problem getting back and getting numbers and everything that you wanted. I was just explaining it that how we presented it was what there was there and we would be willing to abide by whatever you guys needed. Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: Maybe to help explain Mrs. Lawrence's as to where we're going with this. As Commissioner Hatcher said, the option that the Commission has tonight is to approve it or deny it or alternately ask to set it over -approve it with additional conditions of something else. I think what Commissioner Hatcher is saying at least his discomfort and some of my discomfort is that it really isn't appropriate for us as a Commission to draft these tonight for you to try to meet because there really are so many things that are really not very clear as to how this is going to look. I recognize -like you're talking about the Certificate of Occupancy and the requirements that you have to meet. There's a lot of things -just the bare bones that I think we're talking about that we don't think is there. We can set it over so that we can get all that detail and get it done and keep this project moving along, which I think you've heard both Commissioner and myself say, "I think this is a good project and we think it's a good thing to keep going with and we'd like to do that and we just need a little more detail that we don't think is present." The other option tonight, and you can appeal it to the City Council, and they can either agree with that, do the same thing we're doing and you're going to be three or four months further behind in getting this done. I think no matter what you're going to do to build this, that is going to happen. You're going to have to do this detail anyway. So that's really all we're saying is we really want to give you the opportunity to get that little bit more information forward. We're not saying that this is a bad idea. We're not saying that this is something we - if that was the case, I don't think you'd be hearing us saying set it over. You'd be hearing things like we're just going to move to deny it and you can just move on to the Council Meridian Planning and Zgcir~q Commission Meeting September 12, 2000 ~ Page 31 and ask them. But that's not what we're trying to do. Although it may seem frustrating that you're saying that that information you could have provided or some of that information could have been done .already. It just isn't enough tonight, in my mind or Commissioner Hatcher's that it really is appropriate for us to write all of these conditions that we think really probably could get done outside of this hearing and then brought back before us. Kasha Lawrence: As far as the number of children in the building, do you want me to have -some of the things that you guys are wanting to know, like the number of children, they usually will give that to you with your Certificate of Occupancy. Do you guys want that beforehand? Nary: I think what we have been saying, and again I agree with Commissioner Hatcher that obviously it's going to be driven by how much parking you're able to put there meeting the landscaping requirements of the parking. So, what we would be looking at is looking at making an approval based on the number of parking that's there. Now, I recognize again, like you said, that the Fire Department and those folks may downsize it from there, even because of the building requirements at the time you start doing this. I recognize that, but the parking is going to be the parking, regardless, other than adding a bigger portion to the building. That's really what we're talking about is how much parking is going to be there so how much approval can we grant up to that number, knowing that it may be less than that number, unless I'm mistaken. Kasha Lawrence: Well, I'm just basically going off of the 48, and as far as the 48, we need 9. Nary: If you want to present the complete package or the hard numbers for 48 children, here's how we're going to provide the 9 stalls for the 48 children. Here's how we're going to do this. Here's how we're going to do that for 48 children. That's what will be approved or denied. If then you'll have to come back two or three years from now -whenever you decide to do the expansion and this is how we're going to change the parking lot and we're going to build onto the parking lot for 78 children, or whatever. You can even do it in a two-step process. But again, that documentation needs to be presented to this board. This is how we're going to do it for 48 children. This board is not here to design your project for you. You, or a design professional need to do that ahead of time and present that to us. Kasha Lawrence: Okay. I understand that. Basically, what my question to the Commissioners is you're saying that I submitted an application for 48, but there's not enough information for 48. Nary: I think the only thing lacking is parking. Meridian Planning and Zo^~q Commission Meeting September 12, 2000 '~ Page 32 Kasha Lawrence: Right. I can submit all that, but my question right now is if we're going to do on what the parking and landscaping that we're putting in, we might as well do the whole thing. That's why I was asking. Was it 48 that I applied for? It's 48? Okay. Nary: The staff did mention 78 in their comments so that must have come up in discussion or something as I assumed. Kasha Lawrence: I have no problem with giving you all of the hard figures and stuff like that. Maybe because I just went through the whole process and everything was stipulated. We did come with the whole landscaping and everything because there was nothing there, but because everything -they wen tin and stipulated everything different from what I already had. Then, I thought, okay. I'll just tell them what's there and then go ahead and -but that's fine. I can come back and tell you what I think would be great as far as to accommodate 48 kids and all the parking. Hatcher: I think that would be the appropriate. Borup: You may want to look into with your designer or whoever - Kasha Lawrence: Myself. Borup: Well, whether it makes sense to develop the whole parking lot or not, because there is going to be some tear-out. You're already going to be rebuilding part of it anyway, so whether it makes sense to go right up to your new building and have to tear that out and to try to accommodate your nine parking stalls right now. Commissioner Norton, you haven't had anything to say about this. Norton: I certainly agree that there is a lot of numbers, and I first wanted confirmation on what we were talking about -the 48 or the 78, and so my understanding, we were talking about the 48. There is no - on the plans, there is no fence. There is some questions as to what this is going to look like. The traffic is a serious problem. I've had two children go to Meridian High School. I know what the corner looks like. I don't know how we're going to get around that. *** End of Side 2 *** Norton: Hopefully their clients will be driving south so they can take care of - Borup: That's what I felt. The population of the City is to the north, and if they're going to the freeway to work, they're going to be driving past this way anyway. There is an extra trip in and out of the site, so that's going to be maybe adding some congestion, but not necessarily a lot more cars. Meridian Planning and Z^+g Commission Meeting ,~. September 12, 2000 Page 33 Norton: But the way it is written - Borup: Compared to other things, it could be that the traffic congestion could not be - Yes, Commissioner Hatcher. Hatcher: Can I motion that we continue this discussion to next month? Borup: Yes, you can. Hatcher: Mr. Lawrence does have a comment. Wendell Lawrence: My name is Wendell Lawrence. I guess, like my wife said through her discussions with Shari Stiles, she opted for the bigger number, but really I figured that we would have to put in an additional strip of parking. I assume, and from what I recall, there is a fence drawing on the map set-in. So, I would assume that our limitations from our initial request of 48, the limitations would actually be down to 46, and everything else would be covered, because there is a drawing of a fence line - of what we intend to do with the fence line. Hatcher: The drawing that we have just is a property line is all. I think the fence could have been added as an item, but probably - I mean, from what I'm hearing from the Commissioners, it sounds like the main thing is really the parking layout. Wendell Lawrence: Right, and then from my map, we're talking about 900 square feet of asphalt for -actually less than that. There is 900 for five more stalls. We're looking at four more stalls. We're talking about around 750. From my calculations of the requirements for landscaping and trees, there is enough trees on site to cover that. With the fence enclosure - well, I guess you've said it's not on there. With the fence enclosure and that 750 square-feet strip of parking to meet the 48, I would assume that our actual presentation was complete. Borup: What I think what Commissioner Hatcher is getting to is if the parking is going to extend out to the north end to Linder, he's also expecting some landscaping along Linder also. Wendell Lawrence: Right. What I'm talking about is for the immediate needs of just the 48 children -just the 750 square-foot strip. The landscape that is currently on site will cover, and also the fencing in the back the children - Borup: I think that would depend on where the parking -where the area that you paved. If the paving was coming out onto Linder, it probably needs to be landscaped. That is a microphone right there. Wendell Lawrence: If I may, we're actually talking about a strip that comes down and it stops here and angled parking. We're looking at four stalls. So we're Meridian Planning and Z~^~ Commission Meeting ,.~ September 12, 2000 Page 34 looking at angled parking -just comes down afour-stall strip here. It doesn't actually go out to Linder Road for the immediate project and current landscaping and trees cover that as it currently stands. With the fence, at the rear of the building that's there - I would assume that we met all of the new requirements for the building. Borup: Is there an existing fence there now? Wendell Lawrence: The fence is currently going down the sideline and then up the north side. Our intention is actually to just run a strip of fencing here and a strip of fencing here to cover the back side of the rear of the building -the west side so that the children exit the rear and to the playground and back in. Borup: The perimeter west of the property and the south and north aren't fenced at this point? Wendell Lawrence: Correct. Hatcher: Chairman Borup. Borup: Yes, Commissioner Hatcher. Hatcher: Mr. Lawrence, everything that you and your wife have presented us tonight is fine. Verbally, we don't have any objection with what you're proposing. As far as your intent, your intent is complete, but keep in mind that this is a legal procedure and it has to be documented. We need to have it on paper. Provide to us a drawing - a written description of what it is you want to do. This is a verbal testimony, but we need to have documentation saying that this is the area that we are going to add asphalt to. This is how we're going to stripe it. This is how it meets code and ordinance. This is where- I mean, everything that you have presented to us tonight verbally is fine. I don't think anybody here has objection to what you and your wife are presenting, but it has to be on paper. It has to be submitted to the Planning Department. Wendell Lawrence: Like my wife and I said, in our original projection, when we did the building down the street just four months ago, the requirement was one stall for every ten children. So the six stalls -actually assume that more than covered the requirement for 48 and that's why we assumed that our package was complete. Hatcher: Right. Do you also understand where we come from and that's why we're asking to come back in four weeks with a more accurate package? Wendell Lawrence: I understand completely. I was just explaining that the adjustments my wife was seeking from the Commission was based on our Meridian Planning and 7~'g Commission MeeCng '~ September 12, 2000 Page 35 assumption that we actually had complete information and that your adjustments were to that complete package. Borup: Okay. Thank you. Are we ready to move on? You were about ready to make a motion? Hatcher: I was about ready to motion that we continue this to our next hearing on October 10~'. Nary: Second. Borup: Motion seconded. Any discussion? Norton: Just to clarify, is this for the rezone and the Conditional Use Permit for both of those? Hatcher: Yes. Norton: Thank you. Borup: All in favor? MOTION CARRIED: ALL AYES. Item 5. Recommendation: VAC-00-008 Request for Vacation of the easement common to Lots 14, 15, 18 and 19, Block 2 of Honor Park Subdivision No. 3 in a C-G zone by Steve Arnold -South of Franklin Road abutting the west side of Stratford Drive generally between Scenery Lane and Schiller Lane: Borup: And if you have got any questions, get with the staff. I think they can clarify that. Item No. 5 is a recommendation for vacation of the easement - common to lots 14, 15, 18 and 19 in block 2 of Honor Park Subdivision No. 3 in a C-G zone by Steve Arnold, south of Franklin, but in the west side of Stratford Drive. Now, we did not receive any kind of staff report. Is that correct? I assume you're doing it verbally, then? Hawkins-Clark: Yes, Commissioner. This application is actually being driven by an application, I believe about two years ago that came before the Commission for School Employees' Credit Union - I believe it was the School Employees' Credit Union. I would have to check. Borup: I thought it was just less than a year ago, but go ahead. Hawkins-Clark: This is federal, but at that point there was a condition. Number one, the plat wasn't recorded yet when they came through for this credit union a City of Merida~t ANNEXATION/REZONE Application Checklist Applicant: ~~~,,~~~~,_ ~,.~;~.~,:.~ _ ~ Submittal Date: ~ / ,i~ / ~~ Project: ~~~ ~~- ~, ., - ~ ~ ~ Application Completion Date: / ~~`~ / Item No. Description Comments ~ 1. Com leted and si ned Annexation/Rezone A lication 2. Warrant deed recorded - roof of title of said owner 3. Notarized consent of titled ro ert owner 4. Le al descri tion of sub'ect ro ert r, 5 A statement describing the characteristics which make zoning amendment desirable. ~,, A statement outlining the necessity of desirability of development 6. pertaining to the zoning amendment and harmony with adjacent develo ment 7 A statement of how the proposed zoning amendment relates to the Ci of Meridian Com rehensive Plan -cite olic numbers. 8 One (1) map at a scale of one (1) inch equals one hundred (100) feet of the ro ert concernin the zonin amendment. One (1) copy of a vicinity map at a scale of one (1) inch equals 9. three hundred (300) feet (can be obtained from the Planning & Zonin De artment . A list of the mailing addresses of property owners within three 10. hundred (300) feet, obtained from the City of Meridian Planning & Zonin . A fee: Less than 1 acre - $400.00 11. Over 1 acre - $400.00 + $ l 5.00 for each additional acre Certified Mailin s - $1.73 er notice; then multi 1 b two 2 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 ostin was laced. __..---