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HomeMy WebLinkAboutRoot, Kathy AUP ~. '-": . . MERIDIAN PLANNING & ZONING NOV. 12, 199 1 PAGE 3 The Motion was made by Rountree and seconded by Hepper to have the Findings of Fact and Conclusions of Law prepared for this application with a favorable recommendation to the City Council. Motion Carried: All Yea: ITEM #4: PUBLIC HEARING: KATHY ROOT: APPLICATION FOR ACCESSORY USE PERMIT BY Johnson: I will open the Public Hearing. Is there a representative present, if so please come forward and be sworn. Kathy Root, 1255 Darrah, was sworn by the attorney. Root: I wanted to start a day care at my home so that I could take in a few kids. I am trying to get my day care license and in order to get that I have to have the permit. My license would be for six children or less. Since Meridian is growing so much there is a need for a qual i ty day care. I woul d have heal th and fire inspections. The children that I babysit would be in my home or in my back yard. They wouldn't be out running in the street, I would be supervising them at all times. . My yard is completely fenced. I have a six foot cedar fence all the way in the front and the sides and the back has a five foot chain link fence. I have a few more 1 etters to enter into the record in favor of thi s request. Alidjani: Does your back yard have a fenced area? Root: A six foot high cedar fence around the front and the sides and then the back is a five foot chain link fence. Rountree: The accessory use would allow up to five children. Root: I would have five or less. Hepper: How many of your own kids? Root: I have three of my own, two in school. Hepper: Is there a gate in your back fence? Root: No. Hepper: So there is no way they can get out? Root: No. -<" . 8 MERIDIAN PLANNING & ZONING NOV. 12, 1991 PAGE 5 Denise Hibbard, 1232 Darrah Drive, was sworn by the attorney. Hibbard: We think this area should stay as a residential area and my husband and I oppose this request. Johnson: Anyone else from the public? No response. I will close the public hearing. This is an accessory use permit so it is a situation that we approve or disapprove. The Motion was made by Rountree and seconded by Alidjani to have the attorney prepare Findings of Fact and Conclusions of Law with approval of the application for accessory use. Motion Carried: All Yea: ITEM #5: PUBLIC HEARING: DREAMS SUBDIVISION: PRELIMINARY & FINAL PLAT ON FIELD OF Johnson: I will now open the public hearing. representing the applicant? Is there someone Pat Tealy, 479 Main street, Boise, was sworn by the attorney. Tealy: I've read the comments and recommendations as prepared by the City Engineer. We have no questions on these. I'd be happy to answer any questions. Hepper: Does irrigation? this include the variance for the pressurized Johnson: That's correct. Clerk Niemann: The variance is really only heard by the Council. Hepper: houses? These lots will be ready to be built on for residential Tealy: Yes. Hepper: I f there was FHA f i nanc i ng, FHA does not a II ow flood irrigation. It looks to me like flood irrigation around a house could be a real problem. Tealy: It could be and I really don't have an answer for that. They do have access to the ditch and they can put a pump in to pump out of the ditch. Hepper: If they did receive the variance would they be willing to contribute to a water resource fund for a new well? ~ --",_C' ,~- ,". ~ . MERIDIAN PLANNING & ZONING DECEMBER 10. 1991 The Regular .eeting of the Meridian Planning and Commission was called to order by Chairman Jim Johnson. Zoning Members Present: Rountree: Moe Alidjani, Jim Shearer, Tim Hepper, Charlie Others Present: Gary Lee, Jon Barnes, Bob Jones, Dan Frison, Helen Sharpe, Glen L. Olison Raxton, Don Bryon, Joe Siminich, Alan Venable, Roy Johnson, Terry McCarthy, Bob Harmon, David Mortensen, Dan Wood, Romon Yorgensen, Wayne Crookston, Gary Smith, Brent Barrus, Mike Hagood, VerI King: MINUTES OF THE PREVIOUS MEETING HELD NOVEMBER 12, 1991: The Motion was made by Rountree and seconded by Hepper to approve the minutes of the previous meeting as written: Motion Carried: All Yea: ITEM #1: GIBSON: FINDINGS OF FACT ON REZONE REQUEST BY SELLS, PATCH & The Motion was made by Hepper and seconded by Rountree that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Alidjani - Yea: Hepper - Yea; Rountree - Yea; Shearer - Abstain; Motion Carried: 3 - Yea; 1 - Abstain; The Motion was made by Hepper and seconded by Rountree that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the properties described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, Fire Department requirements, Sewer Depart.ent requirements, the Nampa Meridian Irrigation require.ents, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian, and shall be subject to design review. Motion Carried: 3 - Yea: 1 - Abstain: ITEM #2: FINDINGS OF FACT ON ACCESSORY USE PERMIT BY KATHY ROOT: The Motion was made by Rountree and seconded by Alidjani that the Meridian Planning and Zoning hereby adopts and approves these Findings of Facts and Conclusions. -. . . 8 MERIDIAN PLANNING & ZONING DEC. 10., 1 ~~ 1 PAGE 2 Roll Call Vote: Alidjani - Yea: Hepper - Yea; Rountree - Yea; Shearer - Yea; Motion Carried: All Yea: The Motion was made by Rountree and seconded by Alidjani that the Meridian Planning and Zoning Com.ission hereby approves the Accessory Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law, which specifically include the requirements and conditions cites in the Conclusions of Law number five (5), six (6) and seven (7) set forth above, and that the property be required to .eet the water and sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian. The conditional use shall be subject to annual review upon notice to the Applicant by the City. Motion Carried: All Yea: ITEM #3: WOODS: FINDINGS OF FACT ON ANNEXATION AND ZONING REQUEST BY The Motion was made by Alidjani and seconded by Rountree that the Meridian Planning and Zoning Com.ission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Alidjani - Yea; Hepper - Yea; Rountree - Yea; Shearer - Yea; Motion Carried: All Yea: Johnson: In the Decision and Recommendation there is a clarification we wish to make regarding the square footage lot size. With the sentence continues that the lot sizes be limited to 7,000 sq. ft. we are inserting the word in there minimum, a ai ni !lUll a 7,000 sq. ft.. Rountree: I would suggest you carry that correction on the square footage size also, for the home. down to Johnson: We can do that. 8 8 Jack Niemann Zoning Administrator City of Meridian Nov.11,1991 Kathy Root,my next door neighbor, has been caring for kids for the last few months and I have not had any problems. The kids play in Kathy's yard. I have not seen them pass onto my propërty. There has not been any damage. I see no reason not to grant Kathy a permit for child care. I support Kathy Root in this appeal. Sincerely ¡j}.J ~)/~¿d ß Debora K. Rabehî~~\.. 1265 Darrah Meridian.ID . 8 November 11, 1991 Mr. Jack Niemann Zoning Administrator, City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Niemann: This letter is in regard to Kathy Root's request for a day care license. Our family is a strong supporter of Mrs. Root's efforts to obtain this license. Her family have been our next door neighbors for a year and a half, and during that time they have been a positive influence in our community. I can think of no reason to decline her request. . Any further concerns, please contact me immediately at 386-3575 or 887-2036. øz:e 1~, ~b \ Ò Patrick and Kimberl~jgO~ 1233 Darrah Dr. Meridian, ID 83642 COUNCilMEN RONALD R. TOLSMA J. E. BEAT MYERS ROBERT GIESLER MAX YERRINGTON - -------"----.-- . HUB OF TREASURE VALLEY . OFFICIALS JACK NIEMANN, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, WaterWorks Supt. WA YNE G. CROOKSTON, JR, Attorney EARL WARD, Waste Water Sup!. KENNY BOWERS, Fire Chief Bill GORDON, Police Chief GARY SMITH, City Engineer CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone 888-4433 GRANT P. KINGSFORD Mayor A Good Place to Live Chairman Zoning & Planning JIM JOHNSON October 17, 1991 To Whom It Hay Concern: Kathy Root has appealed the denial of the Accessory Use Permit for a Family Child Care Home at 1255 Darrah and requested a Public Hearing as per the attached notice. ~ -- . September 25, 1991 Mr. Jack Niemann zoning Administrator, city of Meridian 33 East Idaho st. Meridian, 10 83642 Dear Jack, In the matter concerning the Application for an Accessory Use Permit at 1255 Darrah Dr. Meridian, Idaho, we must put forth our objection. We moved into the subdivision as a residence and do not wish any business to intrude on our privacy. We feel that a Child Care center directly across the street from our residence would hinder the resale of our home, limiting it to families with children. We feel that the zoning of the Child Care Center is not in our best interest. Thank You, ~~J Joseph ~ise Hibbard 1232 Darrah Dr. Meridian, rD. 83642 . 8 September 23, 1991 Mr. Jack Niemann Zoning Administrator City of Meridian 33 East Idaho St Meridian, Id 83642 Dear Jack; We believe that a Family Child Care facility operated by Mrs. Kathy Root would be a fine addition to the neighborhood and help meet the growing demand for quality child care in Meridian. We strongly support the proposed Child Care Facility a 1255 Darrah St in Meridian. Sincerely, ~rK?~~ Gerry and Christine Sweet 2567 NW 12th St Meridian, Id 83642 887.1085 J ¡fa: ;t;I/ E A ;{Q ~ .S'~2~ 1'?9/ .J'ç,F? ;!fNð S#','f4/,v'O...v A ¿;...ce;v SI.e þ 122::; //~£$t' ¿k, / M~;e?/4A? /<9. 8..J1;ý2. 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"""""'<-E~ S?I1/C~/~ ~" -- 8 12 November 1991 Jack Niemann Zoning Administrator City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Niemann: We feel Kathy Root should be granted her Accessory Use Permit to become a Licensed Day Care Home. Licensing requires her home to be a clean and safe environment for the children, with inspections by Central District Health and Meridian Fire Department. It will also make her eligible for the Child Care Food Plan which requires her to feed the children well-balanced and nutritional meals and snacks. Obtaining her Accessory Use Permit will only enhance and upgrade the quality of her day care. Sincerely, ~~. E. C(- ~ OLJ ~~ David E. and Tina Clark 1281 Darrah Drive Meridian, ID 83642 888-7199 t • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BRENT BARRUS ANNEXATION AND ZONING ' LOTS 5 AND 6, BLOCK 1, DORIS SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on December 10, 1991, at the hour of 7:30 o'clock p,m, on said date, at the Meridian city Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and the Applicant, Brent Barrus appearing in person and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 10, 1991, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 10, 1991, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices .were AMBROSE, made available to newspaper, radio and television stations; F1T2(3ERAlD RCROOKSTON 2, That the property included in the application for Attomeyeand Counseloro annexation and zoning is described in the application, and by this P•~•~^+27 Meridlen, Idaho reference is incorporated herein; that the property is 83612 TeleOhone888J181 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 z. AMBROSE, FITZOERALD 6CROOKBTON Allomeye end Couneslore P.O. Box 127 Msridlan, Idaho 83812 Telephone 8881181 • • approximately 2 acres in size; it is located on the north side of Fairview Avenue Road and approximately one-quarter of a mile west of Locust Grove Road. 3. That the property is presently zoned by Ada County as Commercial and the proposed use would be for an athletic facility and the requested zoning is General Retail and Service Commercial (C-G). 4. The general area surrounding the property is used commercially and residentially; the property is part of Doris Subdivision, a residential subdivision. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant, Brent Barrus, is the owner of record. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned C-G; that the present use of the property is vacant ground; that the applicant indicated that the intended development of the property would be for a health and racquet club or for office uses if the health facility was not developed. 10. There were no property owners in the immediate area that testified objecting to the Application. 11. That the property is in the NORTH CURVE Neighborhood as FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 • • set forth in Policy Diagram in the Meridian Comprehensive Plan. 12. That the property can be serviced with City water and sewer. 13. Ada County Highway District, the Department of Health, Settlers Irrigation District, City Engineer, Bureau of Reclamation and City Fire Department may submit comments and such will be incorporated herein as if set forth in full; that the Nampa and Meridian Irrigation District did submit comments and such are incorporated herein. 14. That the General Retail and Service Commercial (C-G) District is described in the Zoning Ordinance, 11-2-408 B. 9 as follows: (C-G) GENERAL RETAIL AND SERVICE COMMERCIAL: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 15. That proper notice was given as required by law and all AMBROSE, FITZGERALD RCROOKSTON Attorneys end Counselors P.O. Box 127 Msridlen, Idaho r»e1: Telephone 988JI61 procedures before the Planning and Zoning Commission ,were given and followed. FINDINGS OF FACT AND CONCLUSIONS OF SAW - PAGE 3 • CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application contained in Section 50-222; Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is AMBROSE, FITZOERALD 6CROOKSTON Attorneys and Couneeloro P.O. Box 427 Msrldlan, Idaho 83842 Telephone 8894481 contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 • AMBROSE, FITZGERALD RCROOKSTON Attorneys and Counseloro P.O. Box 127 Msrldlan, Idaho 83912 Telephone 8881181 the owner and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land, 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer; that the property will be subject to Site Planning Review and the Subdivision and Development Ordinance; that any waterways and canals within the property will have to be tiled. 10. That proper and adequate access to the property is available and will have to be maintained. 11. That since the Applicant's property is in the NORTH CURVE NEIGHBORHOOD of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan 12. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested; that the conditions should be those stated above and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 ~ ~ i + '~ I ~ • 13. That any ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 14. That any of the requirements of the Nampa Meridian or Settlers Irrigation Districts shall be met as well the requirements of the City Engineer. 15. With compliance of the conditions contained herein, the annexation and zoning of C-G would be in the best interest of the City of Meridian. APPROVA! OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED __ COMMISSIONER ROUNTREE VOTED _ COMMISSIONER SHEARER VOTED ~_ __ COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED __ AMBROSE, DECISION AND RECOMMENDATION FIT2OERALD BCROOKSTON The Meridian Planning and Zoning Commission hereby recommends Attomeye~nd t3ouneeloro to the City Council of the City of Meridian that the a y pprove the P.O. Box 427 Merldlsn, tdeho ~e,2 Telephone 9881191 FINDINGS OF FACT AND CONCLUSIONS OF lAW - PAGE 6 N ~~ '. AMBROSE, FIT2GERALD 8 CROOKSTON Attorneys and Counselors P.O. Box •27 Merldhm, Idaho ese.z Telephone 8B8~4r81 Annexation and zoning requested by the Applicant for the property described in the application with the .conditions set forth in the Findings of Fact and Conclusions of law and that the Applicants be specifically required to file all ditches, canals and waterways as a condition of annexation and that the Applicants meet all of the Ordinances of the City of Meridian, specifically including the development time requirements. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7