Lawrence, Wendell and Kasha CUP 00-046RECEIVE
OCT 0 6 2000
CITY OF MERIDIAN
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ADA COUNTY HIGHWAY DISTRICT
Planning and Development Division
Development Application Report
MCUP-00-046/MRZ-00-004 737 N. Linder Road Childcare center
An application has been submitted to ACHD for approval of a child care center. The application has
been referred to ACHD by the City of Meridian for review and comment. The applicant is requesting a
rezone from I -L (light industrial) to L-0 (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.
Roads impacted by this development: Linder Road
ACHD Commission Date — September 20, 2000 - 12:00 p.m.
MCUP00-0046.cmm
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Facts and Findings:
A. General Information
Owner — Steve & Linda Eisele
Applicant — Wendell & Kasha Lawrence
I -L - Existing zoning
L-0 - Proposed zoning
0.34 - Acres
1,500 - Square feet of existing building
272 - Traffic Analysis Zone JAZ)
West Ada - Impact Fee Service Area
Meridian - Impact Fee Assessment District
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 old 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
Nee 2
E
F.
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 15 -foot radii abutting the existing roadway edge.
District policy states that direct access to arterials and collectors is normally restricted and that
the developer shall try to use combined access points. In accordance with District policy the
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 fixture 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
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.
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 construction 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:
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.
Provide a recorded cross access easement for the parcel to the south to use this parcel for access
to the public streets prior to issuance of a building permit (or other required permits).
3. 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.
4. Other than the access point specifically approved with this application, direct lot or parcel
access to Linder Road is prohibited.
MCUP00-0046.cmm
Page 3
Standard Requirements:
1. A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made in writing to the ACHD Planning and Development Supervisor. The request
shall specifically identify each requirement to be reconsidered and include a written explanation
of why such a requirement would result in a substantial hardship or inequity. The written
request shall be submitted to the District no later than 9.00 a m on the day scheduled for
ACHD Commission action. Those items shall be rescheduled for discussion with the
Commission on the next available meeting agenda.
Requests submitted 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.
"*
2. After ACRD Commission action, any request for reconsideration of the Commission's action
shall be made in writing to the Planning and Development Supervisor within six days of the
action and shall include a minimum fee of $110.00. The request for reconsideration shall
specificalliy identify each requirement to be reconsidered and include written documentation of
data that was not available to the Commission at the time of its original decision The request
for reconsideration will be heard by the District Commission at the next regular meeting of the
Commission. If the Commission agrees to reconsider the action, the applicant will be notified
of the date and time of the Commission meeting at which the reconsideration will be heard.
3. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #193, also known as Ada County Highway District Road Impact
Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
= engineer registered in the State of Idaho shall prepare and certify all improvement plans.
11
5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
6. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7. 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
ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two frill
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.
MCUP00-0046.cnun
Page 4
8. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
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 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.
Conclusion of Law:
ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Should you have any questions or comments, please contact the Planning and Development
Division at 387-6170.
Submitted by- Commission Action:
Planning and Development Staff
MCUP00-0046.cnim
Pa -e 5
September 7, 2000
CUP -00-046
MERIDIAN PLANNING & ZONING MEETING September 12, 2000
APPLICANT Wendell and Kasha Lawrence ITEM NO. 4
REQUEST Conditional Use Permit for a licensed childcare center for 48 children in a proposed
L -O zone
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:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER: See attached from Sewer Department and Sanitary Service
Contacted: Date: Phone:
Materials presented of public meetings shall become property of the City of Merldlan.
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Ron Anderson
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MEMORANDUM:
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(QTY OF NIERIDIN�
33 EAST IDAHO.
NEML-� , ED HO 83642
(208) 888-4433 FAX (208) 887-4813
City Clerk OEhec Fax (2208) 888-1318
To: Planning & Zoning Commission/Mayor & City Council
From: Bruce Freckleton, Assistant to City Engineer
Brad Hawkins -Clark, Planner %ZAL
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PUBLIC \\•ORK
BUILDING
(208) 887-22211 F:LL387-I ^97
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(2-08) 884-5533 • FAX 888-6854
September 7, 2000
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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-00-004 & CUP -00-046)
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
ouncil:
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
N,lavor, Council and P&'
September 7, 2000
Page 2
REZONE GENERAL COMMENTS
A
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 discrepancyrp 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-0, the subject lot and building would conform to all required minimum
yard, bulk and lot standards.
5. The proposed L-0 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.
3. 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&' �.
September 7, 2000
Pa,,e 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.
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.
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.
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 REQUIREMENTS
1. Sanitary sewer and water to this facility would be via existing service lines. Applicant shall
be required to enter into a Re -Assessment Agreement with the City of Meridian. 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 Daycare.RZ.CUP
\ tayor, Council and P&'+`
September 7, 2000
Paoe 4
to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is
determined after adequate historical usage.
2. Parking: Daycare centers are required under the Off -Street Parking Ordinance 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 15 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 (I 10 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 th the application shows the interior floor area to bel-,�5`s.f.,
of which approximately 1 s.f. is usable, area. Idaho State Code requires a minimum of
1_ \ � 35 s.f. per child for internal use areas. At 1,100 s.f., this would allow for a maximum of.34
children at the existing building. As noted in 92, 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.
5. 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
layor, Council and P&'_'�
September 7, 2000
Pau=e 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-way dedication.
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
HUB OF TREASURE I -ALLY
MAYOR
A Good Place to Live
LEGAL DEPARTMENT
Rohert D. Corrie
('_08) 288-2199 • Fax 288-2501
CITY OF MERIDIAN
CITY COUNCIL MEMBERS
PUBLIC WORKS
RonAnderson
33 EAST IDAHO
BUILDING DEPARTMENT
Keith Bird
NIERIDIAN, IDAHO 83642
(208) 887-'_211 •Fax 887-1297
Tammv deWeerd
(308) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) 888-4218
DEPARTMENT
(208) 881-5533 •Fax 888-6851
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: September 5,2000
Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000
File No.: CUP -00-046
Request: Conditional Use Permit for a licensed childcare center for 48 children in a
proposed L -O zone
By: Wendell and Kasha Lawrence
Location of Property or Project:
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
C Fire Department
Police Department
City Attorney
City Engineer
City Planner
Gen - 26 PP/FP/PFP - 90 AZ - 27
Linder Road and Pine Avenue at 737 N. Linder Road
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: F— q"— 0O
V2
IL .1 k,i i .1, ,
;�P.
H G OF TREASURE VALLEY
MAYOR
LEGAL DEPARTMENT
Robot D. Corrie
A Good Place to Live
(_08) 288-2199 • Fax 288-2501
CITY OF MERIDIAN
PUBLIC WORKS
CITY COUNCIL MEMBERS
BUILDING DEPARTMENT
Ron Anderson
33 EAST IDAHO
(208) 887-2211 - Fax 887-1297
Keith Bird
MERIDIAN, IDAHO 83612
(308) 888-4=133 • Fax (208) 887-4813
PLANNING AND ZONING
Tammy deWeerd
City Clerk Office Fax (208) 888-4218
DEPARTMENT
Cherie McCandless
(208) 881-5533 •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.:
Request:
CUP -00-046
Conditional Use Permit for a licensed childcare center for 48 children in a
proposed L -O zone
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 Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service
Building Department Your Concise Remarks:
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Gen - 26 PPIFP/PFP - 30 AZ - 27
Meridian School District
Meridian Post Office (FP/PP)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP)
U.S. West (FP/PP)
Intermountain Gas (FP/PP)
Ada County (Annexation)
Idaho Transportation Department
R,�cED
zvE
AUG 2 4 2000
CITY OF MERIDIAN
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.: CUP -00-046
Request:
Conditional Use Permit for a licensed childcare center for 48 children in a
proposed L -O zone
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 Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Gen - 26 PPIFP/PFP - 30 AZ - 27
Meridian School District
Meridian Post Office (FP/PP)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP)
U.S. West (FP/PP)
Intermountain Gas (FP/PP)
Ada County (Annexation)
Idaho Transportation Department
1?BCErVE])
AUG 2 5 2000
CITY OF MERIDIAN
HU7 OF TiiE.1 SL"E VALLEY
MAYOR
LEGAL
LEGAL DEPAM
RTENT
Robert D. Corrie
Good Place toLive
288-2499 - Fax 288-'_501
CITY OF MERIDIAN
PUBLIC WORKS
CITY COUNCIL MEMBERS
33 EAST IDAHO
BUILDING DEPARTMENT
Ron Anderson
(208) 887-2211 - Fax 887-1297
Keith Bird
MERIDIAN, IDAHO 83642
(208) 888-4433 - Fax (208) 887-.1813
PLANNING .AND ZONING
Tammy deWeerd
City Clerk Office Fax (208) 838--1218
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.: CUP -00-046
Request:
Conditional Use Permit for a licensed childcare center for 48 children in a
proposed L -O zone
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 Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Gen - 26 PPIFP/PFP - 30 AZ - 27
Meridian School District
Meridian Post Office (FP/PP)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP)
U.S. West (FP/PP)
Intermountain Gas (FP/PP)
Ada County (Annexation)
Idaho Transportation Department
1?BCErVE])
AUG 2 5 2000
CITY OF MERIDIAN
/ MAYOR
Robcrt D. Come
CITY COUNCIL MEMBERS
Ron Anderson
Kcith Bird
Tammy deweerd
Cherie McCandless
HUB OF TREASURE VALLEY -
A Good Place to Live
CITY OFMERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 - Fax (208) 887-4313
City Clerk Office Fax (208) 888-4218
LEGAL DEPARTMENT
(203) 238-2499 - Fax 288.2So1
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 337-2211 - F3x 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 834-5533 - Fax 8S8-6854
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.: CUP -00-046
Request: Conditional Use Permit for a licensed childcare center for 48 children in a
proposed L•O zone
By: Wendell and Kasha Lawrence
� ?"=—o e r !, �.r LindeLBoad.and_P,�n gPue at 7 N. Linder Road
Sally Norton, P/Z
Bill Nary, P/Z
Thomas Barbeiro, P/Z
Richard Hatcher, P/Z
Keith Borup, P/Z
Robert Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
_.mac Sanitary Service
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Gan . 26 PPiFPiPFP . ,-,0 AZ - 27
Meridian School District
Meridian Post Office (FP/PP)
Ada County Highway District
Community Planning Assoc.
Central District Health
TNampa 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: c,1A,sTt_ 1n ,SMA r✓l AO
N - - ssirarf A '12474- 1xv f'f-, r.4Cr
j?'ECEIVEI)
AUG 2 8 2000
CITY OF iNTERIDIAN
AUG 29 '00 07:00 2oeeee5052 RAGF.RP
�
KG'B OF TREASURE IIA LLEY
NIA
OR
^ '—
R crt
Come
A Good Place to Live
LEGAL DEPARTMENT
CITY OF MERIDIAN
(_08) 288-2499 - Fax 288-2501
CITY C U` C
NIENIBERS
PUBLIC WORKS
on A
erson
33 EAST IDAHO
BUILDING DEPARTMENT
Cei
Bird
NIERIDIAN, IDAHO 83642
(208) 387-2211 -Fax s87 -I297
T 9 my
eWeerd
(208) 888-4433 - Fax (208) 887-4813
PLANNING AND ZONING
Chen k IcCandless
City Clerk Office Fax (208) 888 1218
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.: CUP -00-046
Request: Conditional Use Permit for a licensed childcare center for 48 children in a
proposed L -O zone
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 Your Concise Remarks:
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Gen - 26 PP/FP/PFP - 30 AZ - 27
Meridian School District
Meridian Post Office (FP/PP)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP)
U.S. West (FP/PP)
Intermountain Gas (FP/PP)
Ada County (Annexation)
Idaho Transportation Department
RUcEIVED
AUG 2 3 2000
CITY OF MERIDIAN
� Z9
RECEIVED
AUG 2 5 2000
Meridian City
Water Superintendent
CENTRAL CEN ZAL DISTRICT HEALTH DEPAR. .ENT
•• DISTRICT Environmental Health Division
pRT EALTH
DEPARTMENT
Rezone #
Conditional Use # 'CAP —(JU L
Preliminary / Final / Short Plat CITY OF IMERII LkNI
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.
❑ S. 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 ri en 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 ,,Kc
ndividual water
❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
❑ central sewage ❑ community sewage system ❑ community water
❑ sewage dry lines ❑ central water
❑ 10. Run-off is not to create a mosquito breeding problem.
❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
13. We will require plans be submitted for a plan review for any:
❑ food establishment ❑ swimming pools or spasXc hild care center
❑ beverage establishment El grocery store
❑ 14. Date: e/.:�L/ p0
Reviewed By:
CDHD 10/91 rrb, rev. 7/97 Review Sheet
AUG 3 41 ?n
CITY OF :MERIDIAN
ilaai
llwl
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
August 28, 2000 Phones: Area Code 208
OFFICE: Nampa 466-7861
Will Berg, City Clerk SHOP- Nampa 466-0663
Meridian City Hall
33 East Idaho
Meridian, ID 83642
Re: CUP -00-046 Conditional Use Permit for Licensed Childcare Center in an L -O
Zone for Wendell and Kasha Lawrence
Dear Commissioners:
The Nampa & Meridian Irrigation District's Rutledge Lateral courses along the east side
of the above-mentioned property. Any encroachment within the easement of the
Rutledge Lateral is unacceptable without written approval through a signed license
agreement.
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
�e
R]
W
ADA COUNTY HIGHWAY DISTRICT
MCUP-00-046/MRZ-00-004
Planning and Development Division
Development Application Report
737 N. Linder Road
Childcare center
An application has been submitted to ACHD for approval of a child care center. The application has
been referred to ACHD 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. 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.
Roads impacted by this development: Linder Road
ACHD Commission Date — September 13, 2000 - 7:00 p.m.
MCUP00-0046.cnm1
Page l
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Facts and Findings:
A. GeneralInfonnation
Owner — Steve & Linda Eisele
Applicant — Wendell & Kasha Lawrence
I -L - Existing zoning
L -O - Proposed zoning
0.34 - Acres
?? - Square feet of existing building
272 - Traffic Analysis Zone (TAZ)
West Ada - Impact Fee Service Area
Meridian - Impact Fee Assessment District
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 (42 -feet west from centerline)
96 -feet required right-of-way (48 -feet from centerline)
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.
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 old are not allowed unless approved in writing
by the District. Contact Construction Services at 387-6280 (with file numbers) for details.
D. Request for Variance:
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
Page 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 15 -foot radii abutting the existing roadway edge.
F. District policy states that direct access to arterials and collectors is normally restricted and that
the developer shall try to use combined access points. In accordance with District policy the
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 pen -nit (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 $2,700.00 deposit to the
Public Rights -of -Way Trust Fund at the District for the required street improvements of
approximately 135 -feet of 5 -foot wide concrete sidewalk on Linder Road abutting the parcel.
H. The existing transportation system will be adequate to accommodate the additional traffic
generated by this proposed development with the requirements outlined within this report.
The following requirements are provided as conditions for approval:
Site Specific Requirements:
-I
Dedicate 4$ -feet of right-of-way from the centerline of Linder Road abutting the parcel by
means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. Allow up to
30 business days to process the right-of-way dedication after receipt of all requested material.
The owner will be compensated for all right-of-way dedicated as an addition to existing right-
of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of
application to the impact fee administrator prior to breaking ground, in accordance with Section
15 of ACHD Ordinance #193.
2. 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.
Provide a recorded cross access easement for the parcel to the south to use this parcel for access
to the public streets prior to issuance of a building permit (or other required permits).
4. 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.
MCUP00-0046.cnm-i
Pa -e
Standard Requirements:
A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made in writing to the ACHD Planning and Development Supervisor. The request
shall specifically identify each requirement to be reconsidered and include a written explanation
of why such a requirement would result in a substantial hardship or inequity. The written
request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for
ACHD Commission action. Those items shall be rescheduled for discussion with the
Commission on the next available meeting agenda.
Requests submitted 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.
2. After ACHD Commission action, any request for reconsideration of the Commission's action
shall be made in writing to the Planning and Development Supervisor within six days of the
action and shall include a minimum fee of $110.00. The request for reconsideration shall
specifically identify each requirement to be reconsidered and include written documentation of
data that was not available to the Commission at the time of 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.
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.
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.
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
ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full
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.
MCUP00-0046.cnun
Page 4
S. No change in the terns 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 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.
Conclusion of Law:
ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Should you have any questions or comments, please contact the Planning and Development
Division at 387-6170.
Submitted by:
Planning and Development Staff
Commission Action:
MCUP00-0046.cnim
Pate 5
NUB OF TREASURE VALLEY r
MAYOR LEGAL DEPARTMENT
Robert D. Come A Good Place to Live (208) 288-2499 • Fax 288-2501
CITY COUNCIL MEMBERS CITY OF MERIDIAN PUBLIC WORKS
Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT
Keith Bird MERIDIAN, IDAHO 836 (208) 887-2211 •Fax 887-1297
Tammy deWeerd (208) 888-4433 • Fax (208) 887iv- PLANNING AND ZONING
City Clerk Office Fax (208) 888-4218 DEPARTMENT
Cherie McCandless AUG 2 4 2000 (208) 884-5533 • Fax 888-6854
G' a" fJ.F �II.ID AN
PLANNING & ZONING
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.: CUP -00-046
Request: Conditional Use Permit for a licensed childcare center for 48 children in a
proposed L -O zone
By: Wendell and Kasha Lawrence
Location of Property or Project:
Sally Norton, P/Z
Bill Nary, P/Z
Thomas Barbeiro, P/Z
Richard Hatcher, P/Z
Keith Borup, P/Z
Robert Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service
Building Department
Fire Department
Police Department
City Attorney
City Engineer
_ K_ City Planner
Gen - 26 PP/FP/PFP - 30 AZ - 27
Linder Road and Pine Avenue at 737 N. Linder Road
Your Concise Remarks:
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
t x
Cu PAUG 0 1 2000
a to
._—. t .�IERIDIAl�i
CITY OF MERIDIAN p� NG & ZONING
APPLICATION FOR A CON XUQ_N USE PERM T
Z,$ 3 q po Z - 4rr61elf
v 2$3
NAME:,e roe I i f K� ) L L(1 rPt� (.� PHONE: S97-0010
ADDRESS: �510 1q • Undo l,
GENERAL LOCATION: Yto rj q, r? — 44 re Ss 1 737
DESCRIPTION OF PROPOSED CONDITIONAL USE: (' I'i i I Ca re. AC i 1 i Ceti Sect
ZONING CLASSIFICATION: 1` p
I certify that the information contained herein is true and correct.
Si tune of A cant 51q-17
Social Sec umber 6 o6 /S'- 1gz9
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and
Zoning Commission will hold a Public Hearing in the Meridian City Hall on
at _.m. The purpose of the Hearing is to consider a
CONDITIONAL USE PERMIT submitted by
the property generally described as located at
SUBDMSION, BLOCK , LOT
TO
for
,-11%, ,.
Application -ir Conditional Use PermiL -- 737 N. Linder Rd
1. Wendell & Kasha Lawrence
370 N. Linder Road
Meridian, Idaho 83642 (208) 887-0001, (208)283-9001
2. Steve & Linda Eisele
3203 Seminole Drive
Meridian, Idaho 83686 (208)463-9527
3. 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 LINDER ROAD.
4. Warranty deed (TTS) and notarized consent UIEM ) enclosed.
5. Existing use is a vacant wholesale office.
6. Vacant
7. 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.
8. The present zoning is light industrial, with light office rezoning application submitted..
9. Thirty copies of vicinity map enclosed — ITEM C.
10. Thirty-five copies of site plan enclosed — ITEM D.
11. List of property owners enclosed - ITEM E.
.00MI...
12. The subject property is of residential type construction with a shaded back yard, the floor plan
and existing parking design adequately support this conditional use. This conditional use will
provide 15 new Meridian jobs. 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 well managed and maintained to serve in
harmony with the surrounding area.
13. $275 fee paid.
14. We, Wendell & is Lawrence will pay any additional s :; water or trash fees or charges
associated with the conditional use.
C
15. We, Wendell & Kasha Lawrence have read the contents of this application and we verify that
the contents are true and correct.
16. We, Wendell & Kasha Lawrence will post the property 1 week before the public hearing,
stating that we have applied for the conditional use permit and time and -place of public
hearing.
OR.J - 01 \V `CA\Q'N\G.. t-
4300x,
FOR VAL[SE RECEIVED
SINCLE PERSON
0 J ''�L u '
'-�• ACS i,�, n�t,CRDE
,i`run:'ca++o�v 801St 10
PIONEER T, COMPANY
H131 W. Rifleasnt Ave ! B Ise. td�tio 83704 r (ma196• 6 P� 2 35
8
wr••n nRCfE�l4'98Y• .
WARRANTY DIED
M4VrVMUAL)
1940-000sb
DOUGLAS 0. ;;OE=, A SINGLE PERSON AND JOSEPH J_ HENSEN, A
Graator s , do harby gam, bargaus, Sell mmd convty unto STEVEN R. EISIU AND tTNDA S . EI9ELE,
h-U$gAgD AND WIFE
tht Grantee . , whose C=Tent address Is. 6117 CLIIQTON ST. , =ty,BOISS IA 83704 b
the following described tW ptopctty in ADA
tbnttty. State of Idaho. mete Part1°'lary d`'b0d as
follows. wwltt
SBS 17CMIBIT ^A" ATTANCRO HERETO AND BY RgggjtSNGE RADE A PART HFJ'EO
TO HAVE AND TO HOLD she said prcsyisra, with their appu�m mm the said Gramm nand Grantee heirs
and uslgus foeaver. And the said Grantor sto heroby coeeoom to andwith the said rrmtz S . the fitau s are she
e of add premises: that said prctaism are ftoa fibm all Cneumbs�. EXCEPT tlKw to which this
avrner a in fel tiespl ared or done by the Crtantee . 3 and Subject to reservatioa+.
own eyanca is axpraslY;ntrde nab W aid those made. its (If atgf) of surd, apd general taxa and usesame:tu.
ImmMmiabas, dedieadons, emme�, ngbv'of, - - acrd agrtr�tata, f which are pot yot due mmd payable, and
that Gtartnr s
(rprludea irrigation and udifITY um mm> . (f mmD) for the ere rmt yar,
vvlll wartans and defend the sama'ftum all lawful claims wb.%=ver.
Datek_ November�- .1445
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c[AtE.OF County of-6na. ss`
: �\1 in tha Yar of,_199 r, before mC Jnevrn F silt T s
�,s .Q�dnrp ana�typublic.Pa'
iait= TIRO �Nhore some .._ —f s subscribed tot withi IrWru . and
imowd dt��QJm'�Q gttCoted the Sna ��
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Residing at:
My Commission Expires;
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EXHIBIT "A"
A parcel of land situated in the NEI/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.
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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
eondi+;Onal use porm,t
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.
STEVEN R. EISEL-
LINDA S. EISELE
STATE OF IDAHO )
) ss
County of Ada )
On this day of 2000, before me �� �� �/iJ , a notary
public in and for the tate o Idaho, personally appeared STEVEN R. EISELE and LINDA S. EISELE,
known or identified to me to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
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ITEM E 110
KASHA LAWRENCE - 737 N. LINDER RD.
PROPERTY OWNERS WITHIN 3001
SCHOOL DISTRICT #2
RICHARDS DANIEL W
911 N MERIDIAN RD
RICHARDS ANGELA G
MERIDIAN ID 83642-2241
8799 S ROCKY MOUNTAIN LN
1900 W PINE AVE
KUNA ID 83634-0000
1720 W PINE AVE
820 N LINDER RD
DEMPSEY CLYDE L
LAFONTAINE R DEANNE
1680 W PINE AVE
791 NW 15TH ST
MERIDIAN ID 83642-1975
MERIDIAN ID 83642-2474
KADEL ALFRED G JR &
BIDDICK BETH F ETAL
KADEL SUSIE J
788 NW 15TH ST
1616 W PINE AVE
MERIDIAN ID 83642-2473
MERIDIAN ID 83642-1975
1532 W IDAHO CT
POTTER EDNA N
LAMBERT KENNETH J & GRETCHEN R
771 NW 15TH ST
1725 W PINE AVE
MERIDIAN ID 83642-2474
MERIDIAN ID 83642-1963
WILKERSON M LUCILE
CARMACK G DAVID &
751 NW 15TH ST
CARMACK BECCI LU
MERIDIAN ID 83642-2474
1705 W PINE AVE
MERIDIAN ID 83642-1963
RAISCH NORMAN & DOROTHE
741 NW 15TH ST
FENSTERMAKER LEROY S &
MERIDIAN ID 83642-2474
FENSTERMAKER IDA M
1665 W PINE AVE
PHIFER KENNETH R & EDNA R
MERIDIAN ID 83642-1965
721 NW 15TH ST
MERIDIAN ID 83642-2474
MURRAY WAYNE & CLAUDIA
1625 W PINE AVE
ALLEN BETTY M
MERIDIAN ID 83642-1965
731 NW 15TH ST
MERIDIAN ID 83642-0000
EISELE STEVEN R &
EISELE LINDA S
MARTINSEN MERL D & EILEEN A
737 N LINDER RD
1572 W IDAHO CT
MERIDIAN ID 83642-0000
MERIDIAN ID 83642-2476
DOBARAN JOHN F
MURPHY RAYMOND J & LOIS M
DOBARAN ARVELLA L
1552 W IDAHO CRT
6141 N GADWALL LN
MERIDIAN ID 83642-2476
BOISE ID 83714-1287
531 N LINDER RD
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 BETTE H
1574 W BROADWAY CT
MERIDIAN ID 83642-2478
HORTON EMRA L
1554 W BROADWAY CT
MERIDIAN ID 83642-2478
CAMPBELL CARRIE L
OSTRUM EVERRETT & NANCY
651 NW 15TH ST
MERIDIAN ID 83642-2471
SLIGAR KIM D AND
LOOMIS CLAUDIA
631 NW 15TH ST
MERIDIAN ID 83642-2471
SUMMERS JOSHUA R & STACY LEE
1590 W BROADWAY AVE
MERIDIAN ID 83642-0000
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CITY C MERIDIAN
"Hub of 7 reasure Valley"
33 E. Idaho
Meridian, Idaho 83642
888-4433
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ateNaOrder No. Date-
Name
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Address
ell Phone:
SOLD-Bf
�::r,;rlT C.O.D. CHARGE ON ACC-, . MOSS. RETO. PAID OUT
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PRINTED IN U.S.A. J` ppINiEO WIiN
�J SOY INK
HEALTHY BEGINNINGS, INC.
`.'- WENDELL LAWRENCE
KASHA LAWRENCE
-- 444 N LINDER 208-887-0010
MERIDIAN, ID 83642 _'
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3004963901
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£ 0LtAIS
Il�ll FARMERS & MERCHANTS
MERIDIAN OFFICE
P.O. BOX 328
.ERI DIAN, IDAHO 83680-0328
7ELEBANK(2081658-8919
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CITY OF MERIDIAN
PLANNING & ZONING DEPARTMENT
LETTER OF TRANSMITTAL
December 12, 2000
To: Will Berg
Clerk's Office
From: Brad Hawkins -Clark
P&Z
Subject: Healthy Beginnings, Inc. — 737 N. Linder — Cash Surety
Enclosed are the followin :
COPIES `
DATE
DESCRIPTION
1
12-12-00
Day Care - $1,782 - Check (Farmers & Merchants)
I 1 1 12-8-00 1 Bid for Paving — K -J Corporation, Inc. A
1 12-7-00 Receipt for Trees
These are transmitted:
❑ For your ❑ For action ❑ For review S For your use ❑ As requested
information
Remarks:
specified below
and comment
Attached is a check and bids for Kasha & Wendell Lawrence's new day care at 787 N. Linder for
the incomplete improvements of landscaping and parking lot paving. The improvements will be
done sometime next Spring.
I'll keep you posted on when the improvements are completed.
S ,, �- �I.a i ! -►-� w i l � -� �� looms a ,
Copy to: Lawrence File Signed:
200 E. Carlton, Ste. 100 Meridian, Idaho 83642 (208) 884-5533 Fax (208) 887-1297
CITY OF MERIDIAN
PLANNING & ZONING DEPARTMENT
LETTER OF TRANSMITTAL
December 12, 2000
To: Will Berg
Clerk's Office
From: Brad Hawkins -Clark
P&Z
Subject: Healthy Beginnings, Inc. — 737 N. Linder — Cash Surety
Enclosed are the following:
COPIES
DATE
DESCRIPTION
1
12-12-00
Day Care - $1,782 - Check (Farmers & Merchants)
1
12-8-00
Bid for Paving — K -J Corporation, Inc.
1
12-7-00
Receipt for Trees
These are transmitted:
❑ For your ❑ For action ❑ For review S For your use ❑ As requested
information specified below and comment
Remarks:
Will,
Attached is a check and bids for Kasha & Wendell Lawrence's new day care at 787 N. Linder for
the incomplete improvements of landscaping and parking lot paving. The improvements will be
done sometime next Spring.
I'll keep you posted on when the improvements are completed.
Copy to: Lawrence File Signed: I&
200 E. Carlton, Ste. 100 Meridian, Idaho 83642 (208) 884-5533 Fax (208) 887-1297
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kjK J Corporacion, Inc.
2316 N. Cole Rd., Suite D
Boise, Idaho 83704
Ph. (208) 378-9713
Fax (208) 378-9367
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HUB OF TREASURE VALLEY
MAYOR
A Good Place to Live
LEGAL DEPARTMENT
Robert D. Corrie
(208) 288-2499 • Fax 288-2501
CITY OF MERIDIAN
CITY COUNCIL MEMBERS
PUBLIC WORKS
Ron Anderson
33 EAST IDAHO
BUILDING DEPARTMENT
Keith Bird
MERIDIAN, IDAHO 83642
(208) 887-2211 • Fax 887-1297
Tammy deWeerd
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) 888-4218
DEPARTMENT
(208) 884-5533 • Fax 888-6854
CERTIFICATE OF ZONING COMPLIANCE*
Date: December 12, ;000
Owner: Steven & Linda Eisele (Tenants/Lessors: Kasha & Wendell Lawrence)
Address: 737 N. Linder Road
Proposed Use: Ch, Car„ e Facility for 48 Children (max.)
Comments: Project is subject to all conditions of the Conditional Use Permit approved by City
Council on 11-21-00. City's failure to specifically identify requirements in this Certificate of Zoning
Compliance does not relieve owner of responsibility for compliance.
Approved Plan: The Site Plan (Sheet C1.0), dated 11-22-00 and stamped by P&Z on 12-12-00, is
approved.
Signage: No new signage was proposed during the CUP approval process. Separate sign permits are
required for both free-standing and wall signs. No portable signs or temporary signage permitted.
Landscaping- A total of seven (7) trees are required in the front yard area as shown. The two (2) new
Hornbeams north of the driveway should be planted a of 35 feet on center. The ten (10)
new shrubs shown on the approved plan must be planted prior to final occupancy. All landscaped
areas must be served with an underground sprinkler system. The landscape plan is not to be altered
without prior written approval of the Planning & Zoning Departme*. No field changes to site plan
permitted; prior written approval of all changes required.
Parking Lot: At a minimum, the new asphalt area must be constructed to the 36' x 45' dimensions
shown. A minimum of nine (9) parking stalls are required to accommodate the approved 48 children
occupancy load. The number of children will be restricted to 24 until the new asphalt area is paved
and striped. An ADA -approved handicap sign is required in front of the handicap stall.
Fencing: Per Condition #2.13 (pg. 11) of the approved Findings, a 6 -foot solid fence is required
around the rear play yard area.
Trash Enclosure: Sanitary Services Co. has approved a trash enclosure at the SW corner of the
building, with access to be taken via the adjacent property. Should the adjacent property owner
choose to deny access to this subject property's trash enclosure at any time in the future, this
enclosure must be moved to the front or north side of the building.
Bonding: All site improvements must be completely improved or bonded for at 110% of the
incomplete amount prior to P&Z Department signature of Certificate of Occupancy.
Shari Stiles
Planning & Zoning Administrator
*Receipt of a Certificate of Zoning Compliance does not indicate compliance with requirements
of other departments/agencies, including, but not limited to, Ada County Highway District,
Central District Health Department, affected irrigation district(s), Meridian Sewer, Water,
Building or Fire Departments, etc. This certificate shall expire one (1) year from the date of
issuance if work has not begun.
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HW -0379 STATE OF IDAHO
REV. 1/95 DEPARTMENT OF HEALTH & WELFARE
Day Care Permit
APPLICANTS AND ANY OTHER OWNERS, OPERATORS, EMPLOYEES AND VOLUNTEERS AT A
DAY CARE FACILITY HAVING DIRECT CONTACT WITH CHILDREN MUST COMPLY
WITH ACRIMINAL' HISTORY CHECK:
3 NO RELEVANT CRIMINAL HISTORY CONVICTION
A criminal history check pursuant to Idaho Code Section 39-1105 has been completed regarding the following individual:
KATHLEEN LAWRENCE
Name of Day Care Provider
NO RECORD HAS BEEN FOUND pursuant to Idaho Code Sections 39-1113 and 39-1115(3) that this individual has been found guilty of
or received a withheld judgement for any offense involving neglect or any physical injury to, or other abuse of a child including the following offenses
or a similar provision in another jurisdiction: Injury to a child, section 18-1501, Idaho Code. The sexual abuse of a child under sixteen (16) years
of age, section 18.1506, Idaho Code. The ritualized abuse of a child under eighteen (18) years of age, section I8 -1506A Idaho Code. The sexual
exploitation of a child, section 18-1507 or 18.1507A, Idaho Code. Lewd conduct with a child under the age of sixteen (16) years, section 18-1508,
Idaho Code. The sale of barter of a child for adoption or other purposes, section 18-1511, Idaho Code. Murder, section 18.4001 or 18.4003, Idaho
Code. Voluntary manslaughter, section 18.4006, Idaho Code. Rape, section 186101 or 18-6108, Idaho Code. Incest, section 18-6602, Idaho Code.
Forcible sexual penetration by use of foreign object, section I8-6608, Idaho Code.
The above-named individual is hereby authorized to provide day care vices to children in an approved facilit the
the requirements of a
Basic Day Care License or Certification
DATED this 6TH day of JUNE / ' 1996
and Childrerl/s Services Program Manager
-:a te ,.;.- .� :>:. .•..-. , *..: o :.N_r .-" ► :.1.
11/30/2000 16:08 208-387-6393 ACHD PLANNING PAGE 01/02
Ada Cowldllwi
GUGLGs 2) i., tNGCt
Judy Peavey Derr, President 318 East 37th Street
Dave Bivens, Vice President Garden City, Idaho 83714-6499
Marlyss Meyer, Secretary Phone (208) 387-6100
Sherry R. Huber, Commissioner Fax (208) 387-6391
Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us
PLANNING and DEVELOPMENT
DATE: 0 ^
DELIVER FAX TO:
NAME OF COMPANY:
TITLE/DEPARTMENT: 7+--D
RECEIVING FAX NUMBER: 888 - � 8 54
CONFIDENTIAL: YES NO
NUMBER OF PAGES (including cover sheet) 2—
FROM
FROM ADA COUNTY HIGHWAY D(STRIQT (fax # 387-6391) or (fax # 387-§393-)
NAME:__.
TITLE/DEPARTMENT: R/ -
COMMENTS: PJa�9 A•cweR4-.Lr,ra- Lc f� - -
Please call if you have any questions or if you did not receive all pages of this fax.
You may call us at 387.6170
1.1/30/2000 16:08 208-387-6393 ACHD PLANNING
PAGE 02/02
�'L_ -Ada ni .Jtc Aiwa 2ij&ia
Judy Peavey -Derr, President
Dave Givens, Vice President 318 East 37th Street
Garden City, Idaho 83714-6499
Marlyss Meyer, Secretary
Sherry R. Huber, Commissioner Phone (208) 387-6100
Susan S. Eastlake, Commissioner Fax (208) 387-6391
November 30, 2000 e-mail: tellus@achd.ada.id.us
Healthy Beginnings
Attn: Wendall & Kasha Lawrence
370 N. ,Linder
Meridian, ID 83642
RE: MCUP-00-046 / 737 N. Linder / Childcare Center
LLANS UMIANCE
The District has reviewed the plans for the above referenced project, and they are accepted for public street
construction. By stamping and signing the improvement plans, the Registered Engineer ensures the District
that the plans conform to all District policies and standards. Variances or waivers must be specifically and
previously approved by the District it! writing. Acceptance of the improvement plans by the District does not
relieve the Registered Engineer of these responsibilities. The .District will not assess an impact fee for this
prod ect,
Standard ]Requirements:
1 • Utility street cuts in new pavement less than five years old are not allowed unless approved in
writing by the District.
2• All irrigation facilities must be located outside the public right-of-way unless otherwise
approved by the District.
3. Replace damaged curb, gutter, and sidewalk with new curb, gutter, and sidewalk to match
existing improvements.
4. All facilities to be constructed with a proposed development, and to be owned and maintained by
the District, must be constructed according to the latest edition of I,S.P.W.C. and the District's
Supplemental Standard Specifications.
5. Any work in the public right-of-way requires a permit from ACHD Construction Services.
6. An engineer registered in the State of Idaho shall prepare and certify all improvement plans,
If you have any questions or concerns, please feel free to contact me at 387-6181.
Sincerely,
44?7-
Scott Rudel
Planning and Development
Cc: Brad at the City of Meridian
City
of
Meridian
Planning
&
Zoning
Memo
TO: Brad Watson
From Brad Hawkins-Clarkvr'
CC: Wendell & Kasha Lawrence, Project File (Lawrence Day Care Facility)
Date: 12/12/00
Ree Certificate of Zoning Compliance - 737 N. Linder Road - Day Care Facility
Attached is the CZC for Kasha and Wendell Lawrence's new day care facility on N. Linder. I'm also
attaching a copy of the approved site/drainage plan, prepared by Pinnacle Engineers. I understand
from Wendell that you Have already reviewed the drainage plan for the new asphalt area and that you
are waiting to receive P&Z's CZC before issuing your final approval. I received a cash surety in the
amount of $1,782.00 from the Lawrence's for the 1,620 s.f. area to be paved (bid submitted by K-1
Corporation, Inc.).
Please contact either Wendell or Kasha Lawrence at 283-9002 once you have completed your review
of their drainage plans so they can finalize temporary occupancy of the building.
Thank you.
• Page 1
200 E. Carfton
Suite 201
Meridian, ID 83642
Ph: (208) 8845533
Fx (208) 887-1297
Fcam
To: Wendell / Kasha Lawrence From: Brad Hawkins -Clark
Fax: 887-0002 Pages: Ik
Phone: 283-9002 Date: 12/12/00
Re: CZC for 787 N. Linder CC:
❑ Urgent For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
Wendell,
Here's the certificate we discussed with a copy of my memo to Brad Watson. Once you hear back from
Brad, request a short -form occupancy card from the Building Department (I believe this form has Fire,
Building and P&Z Departments to sign). Upon your request, I will cane out to the site to inspect the
trash enclosure, fencing and landscaping and can sign the card at that time. We will only be able to
issue a temporary occupancy until all the outstanding improvements are complete. I have sent your
bond to Will Berg, City Clerk, to hold until the weather allows the asphalt to be laid.
Let me know if you have any other questions.
Brad
CERTIFICATE OF ZONING COMPLIANCE
& PLAN REVIEW CHECKLIST
City of Meridian
(Rev. 2/21 /00)
Project: r- eA(4 w , inyt,ti� a,- y�, ( 4 Review Date: ()y T/ op
Contact: 1 i fence ��3---gDoj— Zone: -1--c)
Required Application items•
uf13 copies of scaled site plan (not less than 1"=50') and landscape plan
Calculations table, including asphalt area, parking (standard and handicap), landscaping, and building s.f. (broken
down by use; i.e., office, retail, warehouse s.f.)
J?(Copy of ACHD approval letter or ACRD -stamped copy of Site Plan (if applicable')
Site Review/Conforming Comments Complete
Elements 4)
* Project must comply with all approved permits, plats or Development. Agreements associated with
the lot or parcel.
1. Zoning District (permitted use, CUP, AUP,
variance, etc.)
j rY
2. Floodplain District
3. Landscaping
a) # of Trees (1, 3" cal. per 1,500
asphalt)
b Plant Species Listed
c Required Strips/Screens
4. Off -Street Parkin
a) # of Stalls (dimensions, etc)
b) Handicap Stalls (van accessible, aisles,
sinae
-
n
c Aisles width, location
5. Trash Areas
a Location
.. -7
b) 3 -Side Screening
6. Underground Irrigation
7. Sidewalks/Paths
8. Streets (R/W dedications, etc.)
9. Lot Requirements
a) Lot Area (note restrictions on use of
undevelo ed onion of lot
b) Street Frontage
c) Setbacks
d) Coverage
' ACRD approval letter required for curb cuts, road widening, any new projects.
Pressurized irrigation can be waived by City Council only if no water rights exist to subject property or developer deeds land
to City for a well; City may permit one hook-up to municipal water for irrigation per site on a case-by-case basis; trees must not
be planted in City water or sewer easements.
3 Applicant must submit a copy of recorded warranty deed or plat as evidence of the road dedication prior to CZC issuance.
C:\P&Zadmin\Forms\CZC Checklist
n
City
of
Meridian
Planning
&
Zoning
Memo
TO: Healthy Beginnings Child Care File (File #CUP -00-046)
From: Brad Hawkins -Clark
CC: Wendell Wendell Lawrence
Date: 06/05/01
R« Increase of Allowable Child Occupancy
A condition of the Conditional Use Permit and Certificate of Zoning Compliance for the
Healthy Beginnings Child Care located at 737 N. Linder Road was that the number of
children be restricted to 24 until the new asphalt area was paved and striped. This new paved
area increases the total number of parking stalls to nine (9), which is the required number of
stalls to accommodate 48 children. The parking lot and all other site improvements are now
complete. Therefore, the number of children allowed at this facility under its existing square
footage may now be increased to a maximum of 48 kids.
• Page 1
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF WENDELL &
KASHA LAWRENCE, FOR A
CONDITIONAL USE PERMIT
FOR A 48 CHILD CARE FACILITY
IN AN L -O ZONE, LOCATED AT
737 N. LINDER ROAD,
MERIDIAN, IDAHO
GC 11-08-00
Case No. CUP -00-046
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITION:'; V, J
N O V 1 7 2000
CITY OF MERIDIAN
PLANNING & ZONING
The above entitled conditional use permit application having come before
the City Council for public hearing on November 8, at the hour of 7:30 p.m., at the
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and
Conclusions of Law and Recommendation to City Council issued by the Planning and
Zoning Commission who conducted a public hearing and having heard and taken oral and
written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and the Applicant, Kasha Lawrence, appeared and testified, and having duly
considered the matter and the Planning and Zoning Commission made the following
Findings of Fact and Conclusions of Law and Recommendation to City Council, and the
City Council having received the staff report and the record made before the Planning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS
WENDELL S& KASHA LAWRENCE / CUP -00-046
Page 1 of 14
Zoning Commission, and being fully advised in the premises, the Council finds and
concludes as follows:
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
1. Idaho Code § 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide
for the processing of applications for special or conditional
use permits; and
(B) That a special use permit may be granted to an applicant if
the proposed use is otherwise prohibited by the terms of the
zoning ordinance, but may be allowed with conditions
under specific provisions of the zoning ordinance, subject to
the ability of political subdivisions, including school
districts, to provide services for the proposed use, and when
it is not in conflict with the plan; and
(C) That upon the granting of a special use permit, conditions
may be attached to a special use permit, including, but not
limited to, those:
1) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
4) Assuring that development is maintained properly;
5) Designating the exact location and nature of
development; requiring the provision for on-site or
off-site public facilities or services; requiring more
restrictive standards than those generally required in
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
an ordinance; requiring mitigation of effects of the
proposed development upon service delivery by any
political subdivision, including school districts,
providing services within the planning jurisdiction.
2. The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactment of Meridian
City Code § 11-17-2.
3. Idaho Code § 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
known as the "Local Land Use Planning Act of 1975."
4. The City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994.
5. Prior to granting a conditional use permit in a Limited Office (L -O)
zone, a public hearing shall be conducted with notice to be published and provided to
property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the land under consideration for the conditional use permit all
in accordance with the provisions of Meridian City Code § 11-17-5, which provides as
follows:
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided in
Chapter 15 of this Title. Provided, however, that conditional use applications
for land in Old Town and in industrial and commercial districts shall only be
required to have one public hearing which shall be held before the Planning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS
WENDELL S& KASHA LAWRENCE / CUP -00-046
Page 3 of 14
Zoning Commission; and after the recommendation of the Commission is made,
the application shall go before the City Council without a public hearing and the
Council may approve, deny, or modify the recommendation of the
Commission."
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for 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 the copies of all notices were made available to newspaper, radio and television
stations as public service announcements; and the matter having been duly considered
by the City Council at the said 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-5 and
11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and
Proof of Posting filed with the staff report.
3. Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all
current zoning maps thereof and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the
Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. The property is located at 737 N. Linder Road, Meridian, Idaho.
5. The owner of record of the subject property is Steven & Linda Eisele of
Nampa.
6. Applicant is Wendell SL Kasha Lawrence of Meridian.
7. The subject property is currently zoned Limited Office. The zoning
district of LO is defined within the City of Meridian Zoning and Development
Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a child
care facility. The request originally sought permission for a 78 -child facility but the
approval is for a 48 -child facility. The L -O zoning designation within the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for most uses including those requested by the Applicant. (Meridian City
Zoning and Development Ordinance, Section 11-8-1).
9. The Meridian Planning and Zoning Commission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The requested conditional use is described in the VICINITY MAP,
which is attached hereto as Exhibit "A", and consisting of one page, for a 48 child care
facility, in Light Industrial, located at 737N. Linder Road, Meridian, Idaho, and which
property is described as:
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL &. KASHA LAWRENCE / CUP -00-046
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.
12. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, as herein provided for in the conditions of approval, public facilities and
services required by the proposed development will not impose expense upon the public
if the conditions of development, as set forth in the Decision and Order number 2, are
found to mitigate the effects of the proposed use and development upon services
delivered by political subdivisions providing services to the subject real property within
the planning jurisdiction of the City of Meridian.
13. The use proposed within the subject application will in fact, constitute a
conditional use as determined by Council action and City Ordinance.
14. The use proposed within the subject application will be subject
to the conditions as set forth in the Decision and Order under number 2, and will be
designed, constructed, operated and maintained to be harmonious and appropriate in
appearance or intended character of the general vicinity and that such use will not
change the intended essential character of the same area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL &. KASHA LAWRENCE / CUP -00-046
15. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
16. The use proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer.
17. The applicant has agreed to pay any additional sewer, water or
trash fees or charges, if any associated with the use.
18. The use proposed within the subject application will not involve
uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
19. Sufficient parking for the proposed use of the property will be
provided.
20. The use will not result in the destruction, loss or damage of natural
or scenic features of major importance relating to the property.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby ORDER and this does Order that:
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
That the Applicant of the property, is granted a conditional use permit for
a 48 child care facility in L -O Limited Office, located at 737 N. Linder Road, Meridian,
Idaho, and described in the VICINITY MAP, which is attached hereto as Exhibit "A",
and consisting of one page, for a 48 child care facility in Limited Office, located at
737N. Linder Road, Meridian, Idaho, and which property is described as:
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.
2. The conditional use permit granted herein is subject to the following terms and
conditions:
Adopt the Recommendations of the Planning and Zoning and Engineering Staff
as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
2.1 Off-street parking shall be provided in accordance with Section 11-13-5 of
the City of Meridian Zoning and Development Ordinance.
2.2 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.
2.3 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.
2.4 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.
2.5 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 I I -
13-4.B.3.c.
2.6 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.
2.7 All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
2.8 All construction shall conform to the requirements of the Americans with
Disabilities Act.
2.9 In accordance with City Ordinance 11-13-4.B.2., underground year-round
pressurized irrigation shall be provided to all landscape areas on site.
Submit hook-up and design details based on the proposed landscaping.
Applicant shall be required to utilize any existing surface or well water for
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL S& KASHA LAWRENCE / CUP -00-046
the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the
landscaped areas.
2.10 Sanitary sewer and water to this facility shall be via existing service lines.
Applicant shall be required to enter into a Re -Assessment Agreement with
the City of Meridian.
2.11 Parking: 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. At 48 children, a minimum of 9 parking stalls
shall 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; Applicant must have at least nine
(9) parking stalls.
2.12 The child care center shall not adversely impact surrounding residential
properties due to children's noise, traffic and other activities.
2.13 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.
2.14 Applicant shall keep all outside play areas free of noxious weeds.
2.15 A Certificate of Occupancy (C.O.) for the childcare center shall be
required prior to operation.
2.16 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.
2.17 Applicant shall ensure that immunization of all children is verified prior
to acceptance into program.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
2. 18 Applicant is to schedule an appointment with the Meridian Fire
Department for inspection prior to operating. Operation of daycare
without proper approvals shall result in revocation of conditional use
permit.
2.19 Violation of any of the above conditions shall be cause to revolce 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.
Adopt the Recommendations of the Meridian Fire Department as follows:
2.20 All codes and water supply shall be met.
Adopt the Recommendations of Sanitary Services as follows:
2.21 Applicant shall contact Sanitary Services regarding the waste volume and
the possibility of a dumpster.
Adopt the Recommendations of the Central District Health Department as
follows:
2.22 Upon written approval from the appropriate entities the central sewage
and central water shall be approved.
2.23 Applicant shall submit the child care center plans for plan review.
Adopt the Recommendations of the Nampa SL Meridian Irrigation District as
follows:
2.24 The District's Rutledge Lateral courses along the east side of the
Applicant's property, and any encroachment within the easement shall be
unacceptable without approval through a signed license agreement.
3. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and City Cleric and
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
then a conformed copy shall be served by the Clerk upon the applicant, the Planning
and Zoning Department, Public Works Department and City Attorney and any
affected party requested notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the conditional use permit may within twenty-eight (28) days after the date
of this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the 2� day
of l 6i-eln 6-e - , 2000.
ROLL CALL
COUNCILMAN ANDERSON VOTED u�
COUNCILMAN BIRD
COUNCILMAN deWEERD
COUNCILMAN McCANDLESS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
VOTED �—
VOTED*w
VOTED �
Page 13 of 14
--.1 1--,
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 11-21-00
MOTION: APPROVED:—&— DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
1,;) Dated:
City Clerk
msg/Z:\Work\M\Meridian\Meridian 15360M\Lawrence Day Care\RZ004 & CUP046\CUPFfCIs0rdDec
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS
WENDELL S& KASHA LAWRENCE / CUP -00-046
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A 48 CHILD
CARE FACILITY IN L -O ZONE
LOCATED AT 737 N. LINDER
ROAD, MERIDIAN, IDAHO
WENDELL AND KASHA
LAWRENCE,
APPLICANT.
Case No. CUP -00-046
ORDER OF CONDITIONAL
APPROVAL OF CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 21" day of November, 2000,
under the provisions of Meridian City Code § 11-17-4 for final action on conditional use
permit application and the Council having received and approving the Recommendation
of the Planning and Zoning Commission the Council takes the following action:
1. That the Applicant is granted a conditional use permit for construction of a 48 child
care facility, in an L -O zone at 737 N. Linder Road, Meridian, Idaho, subject to the
following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
2.1 Off-street parking shall be provided in accordance with Section 11-
13-5 of the City of Meridian Zoning and Development Ordinance.
2.2 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
ORDER GRANTING CONDITIONAL USE PERMIT
BY WENDELL AND KASHA LAWRENCE, ZONED L -O / (CUP -00-046) I
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
2.3 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.
2.4 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.
2.5 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.
2.6 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.
2.7 All signage shall be in accordance with the standards set forth in
Section 11-14 of the City Zoning and Development Ordinance.
2.8 All construction shall conform to the requirements of the Americans
with Disabilities Act.
2.9 In accordance with City Ordinance 11-13-4.13.2., underground year-
round pressurized irrigation shall be provided to all landscape areas
on site. 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.
2.10 Sanitary sewer and water to this facility shall be via existing service
lines. Applicant shall be required to enter into a Re -Assessment
Agreement with the City of Meridian.
ORDER GRANTING CONDITIONAL USE PERMIT
BY WENDELL AND KASHA LAWRENCE, ZONED L -O / (CUP -00-046) - 2
2.11 Parking: 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. At 48 children, a minimum of 9
parking stalls shall 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;
Applicant must have at least nine (9) parking stalls.
2.12 The child care center shall not adversely impact surrounding
residential properties due to children's noise, traffic and other
activities.
2.13 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.
2.14 Applicant shall keep all outside play areas free of noxious weeds.
2.15 A Certificate of Occupancy (C.O.) for the childcare center shall be
required prior to operation.
2.16 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.
2.17 Applicant shall ensure that immunization of all children is verified
prior to acceptance into program.
2.18 Applicant is to schedule an appointment with the Meridian Fire
Department for inspection prior to operating. Operation of daycare
without proper approvals shall result in revocation of conditional use
permit.
2.19 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.
ORDER GRANTING CONDITIONAL USE PERMIT
BY WENDELL AND KASHA LAWRENCE, ZONED L -O / (CUP -00-046) - 3
follows:
as follows:
Adopt the Recommendations of the Meridian Fire Department as follows:
2.20 All codes and water supply shall be met.
Adopt the Recommendations of Sanitary Services as follows:
2.21 Applicant shall contact Sanitary Services regarding the waste volume
and the possibility of a dumpster.
Adopt the Recommendations of the Central District Health Department as
2.22 Upon written approval from the appropriate entities the central
sewage and central water shall be approved.
2.23 Applicant shall submit the child care center plans for plan review.
Adopt the Recommendations of the Nampa Sz Meridian Irrigation District
2.24 The District's Rutledge Lateral courses along the east side of the
Applicant's property, and any encroachment within the easement
shall be unacceptable without approval through a signed license
agreement.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional use
permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code § 11-17-8, a copy of which is
attached to this permit.
ORDER GRANTING CONDITIONAL USE PERMIT
BY WENDELL AND KASHA LAWRENCE, ZONED L -O / (CUP -00-046) - 4
By action of the City Council at its regular meeting held on the
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'2000.
bkt D. Corrie, Mayor City of Meridian
day of
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Departmen ;and City Attorney.By �,,� Dated: ll—z?1-1�71/ OFIA
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msg/Z:\Worlc\M\Meridian\Meridian 15360M\Lawrence Day Care\RZ004 & CUP046\CUP0rder046.wpd
ORDER GRANTING CONDITIONAL USE PERMIT
BY WENDELL AND KASHA LAWRENCE, ZONED L -O / (CUP -00-046) - 5
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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, 1 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: }jp_p. OY-ed
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:
Item F. Findings of Facts and Conclusions of Law: CUP 00-046:
Request for a 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:
November 17, 2000
CUP 00-046
MERIDIAN CITY COUNCIL MEETING November 21, 2000
APPLICANT Wendell and Kasha Lawrence ITEM NO. F
REQUEST Request for Conditional Use Permit to construct a licensed childcare facility for 48
children in a proposed L -O zone for Healthy Beginnings 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:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: Kasha Lawrence
COMMENTS
See attached Findings
Date: 17 -Nov Phone: 887-0010
Materials presented at public meetings shall become property of the City of Meridian.
V? 3 2000
interoffice crrY of iy�r�lD�v
MEMORANDUM
To: William G. Berg, Jr.
From: William F. Nichols
Subject: Wendell and Kasha Lawrence
File No.: CTJP-00-046
Date: November 13, 2000
Will:
Please find attached the original FINDINGS OF FACT
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING A
CONDITIONAL USE PERMIT, pursuant to action of the Council at their
November 8, 2000, meeting. The Findings will be on the Council's agenda for their
November 21, 2000, meeting.
I have also attached the original of the ORDER OF CONDITIONAL
APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the
FINDINGS.
Please serve copies of both documents upon the Applicant and
appropriate departments.
If you have any questions please advise.
msg/Z:\Work\M\Meridian\Meridian 15360M\LaNvrence Day Care\RZ004 & CUP046\C1kLtrCUP46Ffc1.wpd
BEFORE THE MERIDIAN CITY COUNCIL
C/C 11-08-00
IN THE MATTER OF THE )
Case No. CUP -00-046
APPLICATION OF WENDELL & )
KASHA LAWRENCE, FOR A )
FINDINGS OF FACT AND
CONDITIONAL USE PERMIT )
CONCLUSIONS OF LAW AND
FOR A 48 CHILD CARE FACILITY )
DECISION AND ORDER
IN AN L -O ZONE, LOCATED AT )
GRANTING CONDITIONAL
737 N. LINDER ROAD, )
USE PERMIT SUBJECT TO
MERIDIAN, IDAHO )
CONDITIONS
The above entitled conditional use permit application having come before
the City Council for public hearing on November 8, at the hour of 7:30 p.m., at the
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and
Conclusions of Law and Recommendation to City Council issued by the Planning and
Zoning Commission who conducted a public hearing and having heard and taken oral and
written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and the Applicant, Kasha Lawrence, appeared and testified, and having duly
considered the matter and the Planning and Zoning Commission made the following
Findings of Fact and Conclusions of Law and Recommendation to City Council, and the
City Council having received the staff report and the record made before the Planning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
Page Iof14
Zoning Commission, and being fully advised in the premises, the Council finds and
concludes as follows:
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
Idaho Code § 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide
for the processing of applications for special or conditional
use permits; and
(B) That a special use permit may be granted to an applicant if
the proposed use is otherwise prohibited by the terms of the
zoning ordinance, but may be allowed with conditions
under specific provisions of the zoning ordinance, subject to
the ability of political subdivisions, including school
districts, to provide services for the proposed use, and when
it is not in conflict with the plan; and
(C) That upon the granting of a special use permit, conditions
may be attached to a special use permit, including, but not
limited to, those:
1) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
4) Assuring that development is maintained properly;
5) Designating the exact location and nature of
development; requiring the provision for on-site or
off-site public facilities or services; requiring more
restrictive standards than those generally required in
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
an ordinance; requiring mitigation of effects of the
proposed development upon service delivery by any
political subdivision, including school districts,
providing services within the planning jurisdiction.
2. The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactment of Meridian
City Code § 11-17-2.
3. Idaho Code § 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
known as the "Local Land Use Planning Act of 1975."
4. The City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994.
5. Prior to granting a conditional use permit in a Limited Office (L -O)
zone, a public hearing shall be conducted with notice to be published and provided to
property owners or purchasers of record within three hundred feet (300) of the
external boundaries of the land under consideration for the conditional use permit all
in accordance with the provisions of Meridian City Code § 11-17-5, which provides as
follows:
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided in
Chapter 15 of this Title. Provided, however, that conditional use applications
for land in Old Town and in industrial and commercial districts shall only be
required to have one public hearing which shall be held before the Planning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
Zoning Commission; and after the recommendation of the Commission is made,
the application shall go before the City Council without a public hearing and the
Council may approve, deny, or modify the recommendation of the
Commission."
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for 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 the copies of all notices were made available to newspaper, radio and television
stations as public service announcements; and the matter having been duly considered
by the City Council at the said 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
r.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-5 and
11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and
Proof of Posting filed with the staff report.
3. Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all
current zoning maps thereof and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the
Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. The property is located at 737 N. Linder Road, Meridian, Idaho.
5. The owner of record of the subject property is Steven Sz Linda Eisele of
Nampa.
6. Applicant is Wendell SL Kasha Lawrence of Meridian.
7. The subject property is currently zoned Limited Office. The zoning
district of LO is defined within the City of Meridian Zoning and Development
Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a child
care facility. The request originally sought permission for a 78 -child facility but the
approval is for a 48 -child facility. The L -O zoning designation within the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for most uses including those requested by the Applicant. (Meridian City
Zoning and Development Ordinance, Section 11-8-1).
9. The Meridian Planning and Zoning Commission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The requested conditional use is described in the VICINITY MAP,
which is attached hereto as Exhibit "A", and consisting of one page, for a 48 child care
facility, in Light Industrial, located at 737N. Linder Road, Meridian, Idaho, and which
property is described as:
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
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.
12. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, as herein provided for in the conditions of approval, public facilities and
services required by the proposed development will not impose expense upon the public
if the conditions of development, as set forth in the Decision and Order number 2, are
found to mitigate the effects of the proposed use and development upon services
delivered by political subdivisions providing services to the subject real property within
the planning jurisdiction of the City of Meridian.
13. The use proposed within the subject application will in fact, constitute a
conditional use as determined by Council action and City Ordinance.
14. The use proposed within the subject application will be subject
to the conditions as set forth in the Decision and Order under number 2, and will be
designed, constructed, operated and maintained to be harmonious and appropriate in
appearance or intended character of the general vicinity and that such use will not
change the intended essential character of the same area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
15. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
16. The use proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer.
17. The applicant has agreed to pay any additional sewer, water or
trash fees or charges, if any associated with the use.
18. The use proposed within the subject application will not involve
uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
19. Sufficient parking for the proposed use of the property will be
provided.
20. The use will not result in the destruction, loss or damage of natural
or scenic features of major importance relating to the property.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby ORDER and this does Order that:
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
That the Applicant of the property, is granted a conditional use permit for
a 48 child care facility in L -O Limited Office, located at 737 N. Linder Road, Meridian,
Idaho, and described in the VICINITY MAP, which is attached hereto as Exhibit "A",
and consisting of one page, for a 48 child care facility in Limited Office, located at
737N. Linder Road, Meridian, Idaho, and which property is described as:
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.
2. The conditional use permit granted herein is subject to the following terms and
conditions:
Adopt the Recommendations of the Planning and Zoning and Engineering Staff
as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
2.1 Off-street parking shall be provided in accordance with Section 11-13-5 of
the City of Meridian Zoning and Development Ordinance.
2.2 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.
2.3 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.
2.4 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.
2.5 Provide a minimum of one (1) three-inch (Y) caliper tree per 1,500 sq. ft.
of asphalt area on the site in accordance with City Ordinance Section 1I-
13-4.B.3.c.
2.6 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.
2.7 All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
2.8 All construction shall conform to the requirements of the Americans with
Disabilities Act.
2.9 In accordance with City Ordinance 11-13-4.B.2., underground year-round
pressurized irrigation shall be provided to all landscape areas on site.
Submit hook-up and design details based on the proposed landscaping.
Applicant shall be required to utilize any existing surface or well water for
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the
landscaped areas.
2.10 Sanitary sewer and water to this facility shall be via existing service lines.
Applicant shall be required to enter into a Re -Assessment Agreement with
the City of Meridian.
2.11 Parking: 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. At 48 children, a minimum of 9 parking stalls
shall 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; Applicant must have at least nine
(9) parking stalls.
2.12 The child care center shall not adversely impact surrounding residential
properties due to children's noise, traffic and other activities.
2.13 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.
2.14 Applicant shall keep all outside play areas free of noxious weeds.
2.15 A Certificate of Occupancy (C.O.) for the childcare center shall be
required prior to operation.
2.16 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.
2.17 Applicant shall ensure that immunization of all children is verified prior
to acceptance into program.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL S& KASHA LAWRENCE / CUP -00-046
2.18 Applicant is to schedule an appointment with the Meridian Fire
Department for inspection prior to operating. Operation of daycare
without proper approvals shall result in revocation of conditional use
permit.
2.19 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.
Adopt the Recommendations of the Meridian Fire Department as follows:
2.20 All codes and water supply shall be met.
Adopt the Recommendations of Sanitary Services as follows:
2.21 Applicant shall contact Sanitary Services regarding the waste volume and
the possibility of a dumpster.
Adopt the Recommendations of the Central District Health Department as
follows:
2.22 Upon written approval from the appropriate entities the central sewage
and central water shall be approved.
2.23 Applicant shall submit the child care center plans for plan review.
Adopt the Recommendations of the Nampa &. Meridian Irrigation District as
follows:
2.24 The District's Rutledge Lateral courses along the east side of the
Applicant's property, and any encroachment within the easement shall be
unacceptable without approval through a signed license agreement.
3. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
then a confonned copy shall be served by the Clerk upon the applicant, the Planning
and Zoning Department, Public Works Department and City Attorney and any
affected party requested notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the conditional use permit may within twenty-eight (28) days after the date
of this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the
of , 2000.
ROLL CALL
COUNCILMAN ANDERSON
COUNCILMAN BIRD
COUNCILMAN deWEERD
COUNCILMAN McCANDLESS
VOTED
VOTED
VOTED
VOTED
day
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED:
MOTION: APPROVED:
VOTED
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
By:
City Clerk
Dated:
msg/Z:\Work\M\Meridian\Meridian 15360M\Lawrence Day Care\RZ004 & CUP046\CUPFfCIs0rdDec
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 of 14
USE PERMIT SUBJECT TO CONDITIONS
WENDELL & KASHA LAWRENCE / CUP -00-046
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A 48 CHILD
CARE FACILITY IN L -O ZONE
LOCATED AT 737 N. LINDER
ROAD, MERIDIAN, IDAHO
WENDELL AND KASHA
LAWRENCE,
APPLICANT.
Case No. CUP -00-046
ORDER OF CONDITIONAL
APPROVAL OF CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 21" day of November, 2000,
under the provisions of Meridian City Code § 11-17-4 for final action on conditional use
permit application and the Council having received and approving the Recommendation
of the Planning and Zoning Commission the Council takes the following action:
1. That the Applicant is granted a conditional use permit for construction of a 48 child
care facility, in an L -O zone at 737 N. Linder Road, Meridian, Idaho, subject to the
following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
2.1 Off-street parking shall be provided in accordance with Section 11-
13-5 of the City of Meridian Zoning and Development Ordinance.
2.2 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
ORDER GRANTING CONDITIONAL USE PERMIT
BY WENDELL AND KASHA LAWRENCE, ZONED L -O / (CUP -00-046)
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
2.3 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.
2.4 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.
2.5 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.
2.6 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.
2.7 All signage shall be in accordance with the standards set forth in
Section 11-14 of the City Zoning and Development Ordinance.
2.8 All construction shall conform to the requirements of the Americans
with Disabilities Act.
2.9 In accordance with City Ordinance 11-13-4.B.2., underground year-
round pressurized irrigation shall be provided to all landscape areas
on site. 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.
2.10 Sanitary sewer and water to this facility shall be via existing service
lines. Applicant shall be required to enter into a Re -Assessment
Agreement with the City of Meridian.
ORDER GRANTING CONDITIONAL USE PERMIT
BY WENDELL AND KASHA LAWRENCE, ZONED L -O / (CUP -00-046) - 2
2.11 Parking: 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. At 48 children, a minimum of 9
parking stalls shall 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;
Applicant must have at least nine (9) parking stalls.
2.12 The child care center shall not adversely impact surrounding
residential properties due to children's noise, traffic and other
activities.
2.13 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.
2.14 Applicant shall keep all outside play areas free of noxious weeds.
2.15 A Certificate of Occupancy (C.O.) for the childcare center shall be
required prior to operation.
2.16 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.
2.17 Applicant shall ensure that immunization of all children is verified
prior to acceptance into program.
2.18 Applicant is to schedule an appointment with the Meridian Fire
Department for inspection prior to operating. Operation of daycare
without proper approvals shall result in revocation of conditional use
permit.
2.19 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.
ORDER GRANTING CONDITIONAL USE PERMIT
BY WENDELL AND KASHA LAWRENCE, ZONED L -O / (CUP -00-046)
-3
Adopt the Recommendations of the Meridian Fire Department as follows:
2.20 All codes and water supply shall be met.
Adopt the Recommendations of Sanitary Services as follows:
2.21 Applicant shall contact Sanitary Services regarding the waste volume
and the possibility of a dumpster.
follows: Adopt the Recommendations of the Central District Health Department as
2.22 Upon written approval from the appropriate entities the central
sewage and central water shall be approved.
2.23 Applicant shall submit the child care center plans for plan review.
Adopt the Recommendations of the Nampa SL Meridian Irrigation District
as follows:
2.24 The District's Rutledge Lateral courses along the east side of the
Applicant's property, and any encroachment within the easement
shall be unacceptable without approval through a signed license
agreement.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional use
pernut.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code § 11-17-8, a copy of which is
attached to this permit.
ORDER GRANTING CONDITIONAL USE PERMIT
BY WENDELL AND KASHA LAWRENCE, ZONED L -O / (CUP -00-046) - 4
By action of the City Council at its regular meeting held on the day of
2000.
Robert D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
Is
City Clerk
Dated:
msg/Z:\Work\M\Meridian\Meridian 15360NUawrence Day Care\RZ004 & CUP046\CUPOrder046.wpd
ORDER GRANTING CONDITIONAL USE PERMIT
BY WENDELL AND KASHA LAWRENCE, ZONED L -O / (CUP -00-046) - 5
1-4
WHITE, PETERSON, PS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
J u iEKtxw F1sctER 200 EAST CARLTON AVENUE NAMPA OFFICE
BRE . F.
�Y' In
POST OFFICE BOX 1150 UE 104 NrNTH AVENSOUTH
D. SAU L JOHNSON
POST Ot: mBox247
D. MERIDIAN, IDAHO 83680-1150 NAMPA, IDAHO 83653-0247
Wu.WuLLAm LiAm F. F. imms TEL. (208 466-9272
CHRtmmm S. NYE TEL (208) 288-2499 FAX (308) 466.4405
PHILIP A. PETERSON FAX (208) 288-2501
STEPHEN L.PRDss PLEASE REPLY To
ERic S. Rossm AN X4=iAN OFFICE
TODD A. Rossm AN
DTERRENCER WHITE G�N�P"
jj��,JDO
October 16, 2000 .
041k,
I?�"q\ed'^'
To: Staff v- "
Applicant ,
Affected Property Owner(s)
Re: Application Case No. CUP -00-046
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING
COMMISSION
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findings and Recommendations of the Planning and
Zoning Commission shall be presented to the Uity Council at the public hearing on the above
referenced matter by the Planning and Zoning Administrator. Due to the volume of matters
which the City Council must decide, and to insure your position is understood and clear, it is
important to'have a consistent format by which matters are presented at the public hearings
before the City Council.
The City Council strongly recommends:
1. That you take time to carefully review the Findings and
Recommendations of the Planning and Zoning Commission, and be
prepared to state your position on this application by addressing the
Findings and Recommendations of the Planning and Zoning Commission;
and
2. That you carefullyy complete (be sure it is legible) the Position
Statement if you disagree with the Findings andRecornmendations
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 pp�repare a Position Statement and deliver it to the
City Clerk prior to the hearing, if possible. If Yat' not possible, please present your Position
Statement to the City Council at the hearing, along with eight (8) copies. The copies will be
presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the
City Attorney. If you are a part of a ggrroup, it is strongly recommended that one Position
Statement be filled out for the group, wfuch canbe signed by the representative for the group.
ly/
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A CHILD
CARE CENTER IN A LIMITED
OFFICE ZONE AT 737 N.
LINDER ROAD
WENDELL & KASHA
LAWRENCE
Applicant
Case No. CUP -00-046
RECOMMENDATION TO CITY
COUNCIL
1. The property is located at 737 N. Linder Road, Meridian, Idaho.
2. The owner of record of the subject property is Steven &. Linda Eisele of
Nampa.
3. Applicant is Wendell & Kasha Lawrence of Meridian.
4. The subject property is currently zoned Limited Office. The zoning
district of LO is defined within the City of Meridian Zoning and Development
Ordinance, Section 11-7-2.
5. The proposed application requests a conditional use permit for a child
care facility. The request originally sought permission for a 78 -child facility but the
approval is for a 48 -child facility. The L -O zoning designation within the City of
Meridian Zoning and Development Ordinance requires a conditional use permit be
RECOMMENDATION TO CITY COUNCIL - 1
CONDITIONAL USE PERMIT — CHILD CARE FACILITY —737 N. LINDER
ROAD BY WENDELL & KASHA LAWRENCE
obtained for most uses including those requested by the Applicant. (Meridian City
Zoning and Development Ordinance, Section 11-8-1).
6. The Meridian Planning and Zoning Commission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
7. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
RECOMMENDATION
1. The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the conditional use
permit as requested by the applicant, subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
1.1 Off-street parking shall be provided in accordance with Section 11-13-5
of the City of Meridian Zoning and Development Ordinance.
1.2 Paving and striping shall be in accordance with the standards set forth
in Sections 11-13-4.D. and 11-13A.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
1.3 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.
1.4 Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with
RECOMMENDATION TO CITY COUNCIL - 2
CONDITIONAL USE PERMIT — CHILD CARE FACILITY —737 N. LINDER
ROAD BY WENDELL &_ KASHA LAWRENCE
City Ordinance Section 11-13-4.C.
1.5 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.
1.6 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 appy -oval
from SSC to the Planning &. Zoning Department prior to applying for
building permits.
1.7 All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
1.8 All construction shall conform to the requirements of the Americans
with Disabilities Act.
1.9 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.
1.10 Sanitary sewer and water to this facility would be via existing service
lines. Applicant shall be required to enter into a Re -Assessment
Agreement with the City of Meridian.
1.11 Parking: 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. 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.
RECOMMENDATION TO CITY COUNCIL - 3
CONDITIONAL USE PERMIT — CHILD CARE FACILITY —737 N. LINDER
ROAD BY WENDELL & KASHA LAWRENCE
1. 12 Staff recommends this item be tabled until ACHD can verify the total
amount of required right-of-way dedication on Linder Road.
1.13 The child care center shall not adversely impact surrounding residential
properties due to children's noise, traffic and other activities.
1.14 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.
1.1 S Applicant must keep all outside play areas free of noxious weeds.
1.16 A Certificate of Occupancy (C.O.) for the childcare center is required
prior to operation.
1.17 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.
1.18 Applicant shall ensure that immunization of all children is verified prior
to acceptance into program.
1.19 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
per it.
Adopt the Recommendations of the Meridian Police Department as follows:
1.20 All codes and water supply shall be met.
Adopt the Recommendations of Sanitary Services as follows:
1.21 Applicant shall contact Sanitary Services regarding the waste volume
and the possibility of a dumpster.
RECOMMENDATION TO CITY COUNCIL - 4
CONDITIONAL USE PERMIT — CHILD CARE FACILITY —737 N. LINDER
ROAD BY WENDELL &_ KASHA LAWRENCE
Adopt the Recommendations of the Central District Health Department as
follows:
1.22 Upon written approval from the appropriate entities the central sewage
and central water shall be approved.
1.23 Applicant shall submit the child care center plans for plan review.
Adopt the Recommendations of the Nampa &. Meridian Irrigation District as
follows:
1.24 The District's Rutledge Lateral courses along the east side of the
Applicant's property, and any encroachment within the easement shall
be unacceptable without approval through a signed license agreement.
ey/ZAWork\M\Meridian 15360M\Recommendations\CUP046LawrenceDaycare.wpd
RECOMMENDATION TO CITY COUNCIL - 5
CONDITIONAL USE PERMIT — CHILD CARE FACILITY —737 N. LINDER
ROAD BY WENDELL &- KASHA LAWRENCE
November 3, 2000
CUP 00-046
MERIDIAN CITY COUNCIL MEETING November 8, 2000
APPLICANT Kasha and Wendell Lawrence ITEM NO. 5
REQUEST CUP to construct a licensed childcare facility for 48 children in a proposed L -O zone
for Healthy Beginnings 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:
Date:
COMMENTS
�- ��i ►^e �o�.vt ►��tdc�{,7iwZ�
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A CHILD CARE
CENTER IN A LIMITED OFFICE
ZONE AT 737 N. LINDER ROAD
WENDELL & KASHA LAWRENCE
Applicant
Case No. CUP -00-046
RECOMMENDATION TO CITY
COUNCIL
The property is located at 737 N. Linder Road, Meridian, Idaho.
2. The owner of record of the subject property is Steven & Linda Eisele of Nampa.
Applicant is Wendell & Kasha Lawrence of Meridian.
4. The subject property is currently zoned Limited Office. The zoning district of LO
is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
5. The proposed application requests a conditional use permit for a child care facility.
The request originally sought permission for a 78 -child facility but the approval is for a 48 -child
facility. The L -O zoning designation within the City of Meridian Zoning and Development
Ordinance requires a conditional use permit be obtained for most uses including those requested
by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1).
6. The Meridian Planning and Zoning Commission recognizes that the proposed
application is in compliance with the Meridian Comprehensive Plan.
7. The use proposed within the subject application will in fact, constitute a
RECOMMENDATION TO CITY COUNCIL - 1
CONDITIONAL USE PERMIT — CHILD CARE FACILITY —737 N. LINDER ROAD
BY WENDELL & KASHA LAWRENCE
conditional use as determined by City Policy.
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the conditional use permit as requested by the
applicant, subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows:
1.1 Off-street parking shall be provided in accordance with Section 11-13-5 of the City
of Meridian Zoning and Development Ordinance.
1.2 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.
1.3 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.
1.4 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.
1.5 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.
1.6 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.
1.7 All signage shall be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance.
1.8 All construction shall conform to the requirements of the Americans with
RECOMMENDATION TO CITY COUNCIL - 2
CONDITIONAL USE PERMIT — CHILD CARE FACILITY —737 N. LINDER ROAD
BY WENDELL & KASHA LAWRENCE
r
Disabilities Act.
1.9 In accordance with City Ordinance 11-13-4.13.2., 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.
1.10 Sanitary sewer and water to this facility would be via existing service lines.
Applicant shall be required to enter into a Re -Assessment Agreement with the City
of Meridian.
1.11 Parking: 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. 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.
1.12 Staff recommends this item be tabled until ACHD can verify the total amount of
required right-of-way dedication on Linder Road.
1.13 The child care center shall not adversely impact surrounding residential properties
due to children's noise, traffic and other activities.
1.14 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.
1.15 Applicant must keep all outside play areas free of noxious weeds.
1.16 A Certificate of Occupancy (C.O.) for the childcare center is required prior to
operation.
1.17 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.
1.18 Applicant shall ensure that immunization of all children is verified prior to
acceptance into program.
RECOMMENDATION TO CITY COUNCIL - 3
CONDITIONAL USE PERMIT — CHILD CARE FACILITY —737 N. LINDER ROAD
BY WENDELL & KASHA LAWRENCE
1. 19 Applicant is to schedule an appointment with the Meridian Fire Department for
inspection prior to operating. Operation of daycare without proper approvals will
result in revocation of conditional use permit.
1.20 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.
Adopt the Recommendations of the Meridian Police Department as follows:
1.21 All codes and water supply shall be met.
Adopt the Recommendations of Sanitary Services as follows:
1.22 Applicant shall contact Sanitary Services regarding the waste volume and the
possibility of a dumpster.
Adopt the Recommendations of the Central District Health Department as follows:
1.23 Upon written approval from the appropriate entities the central sewage and central
water shall be approved.
1.24 Applicant shall submit the child care center plans for plan review.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1.25 The District's Rutledge Lateral courses along the east side of the Applicant's
property, and any encroachment within the easement shall be unacceptable without
approval through a signed license agreement.
ey/ZAWork\M\Meridian\Meridian 15360M\Lawrence Day Care\RZ004 & CUP046\CUP046Recommendations.wpd
RECOMMENDATION TO CITY COUNCIL - 4
CONDITIONAL USE PERMIT — CHILD CARE FACILITY —737 N. LINDER ROAD
BY WENDELL & KASHA LAWRENCE
October 6, 2000
CUP 00-045
MERIDIAN PLANNING & ZONING MEETING October 10, 2000
APPLICANT Wendell and Kasha Lawrence ITEM NO. 2
REQUEST Continued Public Hearing from 9/12/00 - Request for CUP for a licensed childcare
facility for 48 children in a proposed L -O zone - 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 Attached
Contacted: Date: Phone:
Materials presented at public meetings shall become property of the City of Meridian.
COMMENTS
See Previous Item Packet
September 7, 2000
CUP -00-046
MERIDIAN PLANNING & ZONING MEETING September 12, 2000
APPLICANT Wendell and Kasha Lawrence ITEM NO. 4
REQUEST Conditional Use Permit for a licensed childcare center for 48 children in a proposed
L -O zone
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:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER: See attached from Sewer Department and Sanitary Service
Contacted: W -VVI L���2 Vt C,C� Date: 9 2 Phone: ' 5�r1 - &H -b
6oL
Materials presented at public meetings shall become property of the City of Meridian.
71- 1 OF �1 IDL-— ,
�:fll t:cll'Nl;ll.\(I•::\lEil?RS _
Ron\i,dcrson 33 EAST IDAHO
Fetch Bird `ER DU N1, IID -Ai -10 83642
Pamir, do\\'cord (208) 888-4433 (;:\t i:031 887-4813
Ciro clerk Office Fax (_08) 388—t213
Chciic \1cC.uid1css
, VIORANDUM:
To: Planning & Zoning Commission/Mayor & City Council
From: Bruce Freckleton, Assistant to City Engineer
Brad Hawkins -Clark, Planner /ZL
-38 _88-_501
PUBLIC WORKS
BUILDING DI 11.\1'.'::\11•'1'
_031 387 211 !•:L,, 38 -1_97
l'1_\NN1NG AND ''XONING
Dh:P.\RTMENl•
(008) 383-5533 FAX 888-6854
September 7, 2000
'SEP�
rlt3'oflfl
�Ity C1, keC fle6
Re: Request for Rezone of .55 Acres from Light Industrial (I -L) to Limited Office (L-
0) with a Conditional Use Permit for a Childcare Center for Up to 78 Children by
Wendell and Kasha Lawrence. (File#RZ-00-004 & CUP -00-046)
GYe 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 1feridian City Council.-
APPLICATIONS
ouncil:
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-0, 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
\ lavor, 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 r�ior 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-0, the subject lot and building would conform to all required minimum
yard, bulk and lot standards.
5. The proposed L-0 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-0 and the Leisman Addition (office park) at the NE corner of Linder and Pine
also has L-0 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.
3. 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-0 zone with the above conditions.
RZ-00-004, CUP -00-046 Lawrence Linder Daycare.RZ.CUP
11ayor, Council and PS -,Z^ ^
September 7, 2000
Pa�,,e 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.
?. 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.
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.
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.
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.
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 REQUIREMENTS
Sanitary sewer and water to this facility would be via existing service lines. Applicant shall
be required to enter into a Re -Assessment Agreement with the City of Meridian. An
assessment agreement is a vehicle that protects the City of Meridian and the applicant in
the event that estimated assessments are not in line with actual usage. The agreement
provides for reimbursement to the applicant for overpayment of assessments and payment
RZ-00-004, CUP -00-046 Lawrence Linder Daycare.PZ.CUP
layor, Council and P&7^•
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. Parking: 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 412) that an estimated 15 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.)
If the Assessor's lot size is correct (I 10 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
N layor, Council and P&.'
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 rijzht-of-way dedication.
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.
8. 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
HUB OF TREASURE VALLEY
%,W OR
A Good Place to Live
LEGAL DEPARTMENT
Robert D. Corrie
(203) 238-2499 • Fax 288-2501
CITY OF MERIDIAN
PUBLIC WORKS
CITU" COUNCIL �IE�IBERS
BUILDING DEPARTMENT
Ron Anderson
33 EAST IDAHO
(208) 387-2211 • Fax 387-1297
MERIDIAN, IDAHO 83642
Keith Bird
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
Tammy deWeerd
City Clerk Office Fax (208) 888-42 18
DEPARTMENT
Cherie McCandless
(208) 381-5533 •Fax 383-6854
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.:
Request:
CUP -00-046
Conditional Use Permit for a licensed childcare center for 48 children in a
proposed L -O zone
By: Wendell and Kasha Lawrence
Location of Property or Project:
Sally Norton, P/Z
Bill Nary, P/Z
Thomas Barbeiro, P/Z
Richard Hatcher, P/Z
Keith Borup, P/Z
Robert Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service
Building Department
_'*� Fire Department
Police Department
City Attorney
City Engineer
City Planner
Gen - 26 PPIFPIPFP - 30 AZ - 27
inder Road and Pine Avenue at 737 N. Linder Road
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: 3-- Ll- 00
V2
REeE
�D
Cd / �r�..),y
C'jg c P`1erldja
t7 pp�c�
MAYOR
Ruben D. Corrie
^ HUB OF TREASURE VOLLEY
4 Good Place to Live
CITY OF MERIDIAN
LEGAL DEPARTMENT
(203) -'38-2199 •Fax 288-2541
CITY COUNCIL MEMBERS
PUBLIC WORKS
Ron Anderson
33 EAST IDAHO
BUILDING DEPARTMENT
Keith Bird
vIERIDIAN, IDAHO 83642
('_08)387-'_211• Fax 887-1297
Tammy deWeerd
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) 888-4218
DEPARTMENT
(208)884-5533 - Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: September 5,2000
Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000
File No.: CUP -00-046
Request: Conditional Use Permit for a licensed childcare center for 48 children in a
proposed L -O zone
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 Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
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 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
�
cEWED
AUG 2 4 2000
CITY OF MERIDIAN
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.: CUP -00-046
Request: Conditional Use Permit for a licensed childcare center for 48 children in a
proposed L -O zone
By: Wendell and Kasha Lawrence
Location of Property or Project
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 - 26 PP/FP/PFP - 30 AZ - 27
Linder Road and Pine Avenue at 737 N. Linder Road
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
RECETV-ET)
AUG 2 5 2000
CITY OF MERIDLMr
..-� HUB OF TRE.-isL'RE VALLEY.._
�lAl OR
Robert D. Corrie
A Good Place to Live
LEGAL DEPARTMENT
CITY OF MERIDIAN
(203) 238-2499 •Fax 238-2501
CITY COUNCIL MEMBERS
PUBLIC WORKS
Ron .Anderson
33 EAST IDAHO
BUILDING DEPARTMENT
Keith Bird
N[ERID[AN, IDAHO 83642
(208)887-2211- Fax 387-1297
Tammy deWeerd
(208) 888-4433 • Fir (208) 887-4813
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208)888-4218
DEPARTMENT
(208) 884-5533 • Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: September 5,2000
Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000
File No.: CUP -00-046
Request: Conditional Use Permit for a licensed childcare center for 48 children in a
proposed L -O zone
By: Wendell and Kasha Lawrence
Location of Property or Project
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 - 26 PP/FP/PFP - 30 AZ - 27
Linder Road and Pine Avenue at 737 N. Linder Road
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
RECETV-ET)
AUG 2 5 2000
CITY OF MERIDLMr
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 Merldlan City Hall
Attn: Will Berg, City Clerk, by: September 5,2000
Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000
File No.: CUP -00-046
Request: Conditional Use Permit for a licensed childcare center for 48 children in a
proposed L -O zone
By: Wendell and Kasha Lawrence
Sally Norton, PIZ
Bill Nary, P/Z
Thomas Barbeiro, P2
Richard Hatcher, P/Z
Keith Borup, P/Z
Robert Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
_
)(-Sanitary Service
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Can . 26 PPiFPiPFP . 20 AZ. Z7
N. Linder Road
Meridian School District
Meridian Post Office (FP/PP)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian IrTig. 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: c0A,yrf 1n tJr»s r✓►at,>
/J,E S S/7'O? ,Q �.J�4-5 7 S p - - /n.cjTQr-r if. 10 ,.11,.
RucElvED
AUG 2 8 2000
CITY OF MERIDIAN
AUG 29 '00 07:00
2 ePRR5PF7
MAYOR
HUB OF TREASURE VALLEY...
Robert D. Come
A Good Place to Live
LEGAL DEPARTMENT
CITY OF • ME
(208) 238-2499 - Fax 288-2501
CITY COUNCIL MEMBERS
D
Ron Andvson
'� +
33 EAST IDAHO
PUBLIC WORKS
BUILDfNG DEPARTMENT
Keith Bird
MERIDIAN, IDAHO 83642
(208) 887-2211 - Fix 887-1297
Tammy deWeerd
(203) 888-4433 - Fax (208) 887-4313
Cherie McCandless
City Clerk Office Fax (208) 388-4218
PLANNING AND ZONING
DEPARTMENT
(208) 834-5533 - Fax 8SS-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 Merldlan City Hall
Attn: Will Berg, City Clerk, by: September 5,2000
Transmittal Date: August 22, 2000 Hearing Date: September 12, 2000
File No.: CUP -00-046
Request: Conditional Use Permit for a licensed childcare center for 48 children in a
proposed L -O zone
By: Wendell and Kasha Lawrence
Sally Norton, PIZ
Bill Nary, P/Z
Thomas Barbeiro, P2
Richard Hatcher, P/Z
Keith Borup, P/Z
Robert Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
_
)(-Sanitary Service
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Can . 26 PPiFPiPFP . 20 AZ. Z7
N. Linder Road
Meridian School District
Meridian Post Office (FP/PP)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian IrTig. 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: c0A,yrf 1n tJr»s r✓►at,>
/J,E S S/7'O? ,Q �.J�4-5 7 S p - - /n.cjTQr-r if. 10 ,.11,.
RucElvED
AUG 2 8 2000
CITY OF MERIDIAN
AUG 29 '00 07:00
2 ePRR5PF7
%IA
OR
HL%B O.F TREASURE V-1LLEY
R crt
Come
A Good Place to Live ^
LEGAL DEPARTh1ENT
CITY C
CITY OF MERIDIAN
9 •Fax KSS -'_501
`708' =
UNC
MEMBERS
LI
PUBLIC WORKS
on A
erson
33 EAST IDAHO
BUILDING DEPARTMENT
K ei
Bird
MERIDIAN, IDAHO 83612
('_08) 887-2: 11 •Fax 887-IK97
T my
eWeerd
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
Chen cCandless
City Clerk Office Fax (208) 888-4218
DEPARTMENT
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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.: CUP -00-046
Request:
L;ondltlonal Use Permit for a licensed childcare center for 48 children in a
proposed L -o zone
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
,4 Water Department
Sewer Department
Sanitary Service
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Gen - 26 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 Img. District
Settlers Irrigation District
Idaho Power Co. (FP/PP)
U.S. West (FP/PP)
Intermountain Gas (FP/PP)
Ada County (Annexation)
Idaho Transportation Department
FXc-ElvED
AUG 2 8 2000
CITY OF IMZERM AN
RECEIVED
AUG 2 5 2000
Meridian City
Water Superintendeptt
CIW
CENTRAL CEN',rAL DISTRICT HEALTH DEPART, _NT
DISTRICT Environmental Health Division
HEALTH
DEPARTMENT
Rezone #
Conditional Use #
CITY F1WRIDLAIN
Preliminary / Final / Short Plat
L,
❑ I. We have No Objections to this Proposal.
Return to:
❑ Boise
❑ Eagle
❑ Garden City
,Meridian
❑ Kuna
❑ ACz
❑ 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.
❑ S. 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 en 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 41 ndividual water
❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
❑ central sewage ❑ community sewage system ❑ community water
❑ sewage dry lines ❑ central water
❑ 10. Run-off is not to create a mosquito breeding problem.
❑
11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
13. We will require plans be submitted for a plan review for any:
❑ food establishment ❑ swimming pools or spas
❑ beverage establishment ❑ grocery store
❑ 14.
CDHD 10/91 rrb, r". 7/97
j child care center
/ \ Date: 1,,24'l 00
Reviewed By: '14;
Review Sheet
AUG 3 1 2000
CITY OF MERIDIAN
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
August 28, 2000 Phones: Asea Code 208
OFFICE: Nampa 466-7861
Will Berg, City Clerk SHOP- Nampa 466-0663
Meridian City Hall
33 East Idaho
Meridian, ID 83642
Re: CUP -00-046 Conditional Use Permit for Licensed Childcare Center in an L -O
Zone for Wendell and Kasha Lawrence
Dear Commissioners:
The Nampa & Meridian Irrigation District's Rutledge Lateral courses along the east side
of the above-mentioned property. Any encroachment within the easement of the
Rutledge Lateral is unacceptable without written approval through a signed license
agreement.
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
Meridian Planning and Zc 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 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:
Meridian Planning and Zr'—"I 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 lot
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 Zraing 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 ZOOQQ Commission Meeting
September 12, 2000
Page 13
Nary: I heard you say, Bred, 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 I have the 78 based on the square -feet. It doesn't really
matter what — I 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 avement to Incori t th
Meridian Planning and Z91209 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. 1 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(—^ -g Commission Meeting
September 12, 2000
Page 15
Kasha Lawrence: The CUP -- at least the staff comments required that we had
buffer on this side and I think buffer on that side in the back. There are currently
very mature pine trees along the back. We don't have a problem providing
adequate landscaping.
Hatcher: I'm just trying to get a clear picture of what's been submitted and what
we're talking about. We are talking about stuff that isn't on (inaudible) right now.
Kasha Lawrence: We had not submitted a landscape plan.
Hatcher: Right I'm just getting a feel for — if your going to expand the parking lot
which we don't have documentation on right now your also going to be required
to —
Kasha Lawrence: Add more landscaping.
Hatcher: -- to add landscaping around that parking lot. So everything is in
compliance so you will be prepared for the future expansion of the building. I just
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 in the
backyard?
Meridian Planning and Zr—1 1 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 Zoll 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 1705 West .Pine. Chairman and
Commissioners I would just like to ask a few questions. I don't have a lot of
Meridian Planning and 7aning 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 Zoe, 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 ACHD 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 ZoaiOg 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 Znning 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 ZonipQ.,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 ZoningXommission 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 I 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 ZonACommission 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 Zoniir iCommission 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 I think —
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 I think -- 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 Zo
September 12, 2000 Ogg Commission Meeting ^
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. 1 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 ZonincCommission 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, 1 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 Zoy+ce 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 I can'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 Zonio-•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 ZooiogCommission 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 Zor ,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, 1 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 Zig Commission Meeting
September 12, 2000
Page 34
looking at angled parking — just comes down a four -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 Z — I Commission Meeting
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 10tH
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 Meridian
Conditional Use Permit
Application Checklist
Applicant: Date:
Project:
Item
No.
Description
Comments (4)
1.
Applicant contact information
v
2.
Property owner contact information
3.
Legal description
V'
4.a.
Warrant deed (recorded)
✓,
4.b.
Notarized consent of property owner
5.
Description of existing use(building use
6.
Present use of property other land use
7.
Proposed use of property
8.
Zone of property
9.
Vicinity ma - 30 copies referred scale 1"=300'
10.
Site plan (scale of not less than 1"=50') - 35 copies
10.a.
Building locations
10.b.
Parking and loading areas
10.c.
Traffic access drives
�✓l
10.d.
Traffic circulation patterns
10.e.
Op en/common spaces
10.f.
Landscape plan
10. .
Refuse & service areas
10.h.
Utilities plan, including:
- Sewer
- Water
- Irrigation
- Storm drainage
10.1.
Signage (number, location, overall dimensions — elevations
re erred, not required)
10.'.
8`/2" x 11" copy of site plan
101.
Building elevations(front, rear and sides
10.1.
1 Construction materials (may be included on elevations drawing)
11.
Surrounding roe mailing addresses
12.
Characteristics of property that make conditional use desirable
13.
A plication and mailing fee
✓
14.
Additional services statement
15.
Application verification statement
16.
Posting of property affidavit
e -AS ,V1
C:\P&Zadmin\CUPCheckhst2