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HomeMy WebLinkAboutMarch 17, 1998 C/C Minutes Meridian City Coun. March 17, 1998 - Page 5 It Stiles: Seventy feet. Rountree: Seventy feet? Okay, thank you. That's all my question. Corrie: Any further questions? All in favor of the motion say aye. ' MOTION CARRIED: All ayes. ITEM #3: NEW FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER BY JODI FIFE: Corrie: Council, any discussion on the new Findings of Fact and Conclusions? Hearing none I will entertain a motion on the Findings of Facts and Conclusions of Law. Rountree: Mr. Mayor, I move that City Council hereby adopts and approves these Findings of Facts and Conclusions of Law. - Bird: Second. - - , Corrie: Motion made by Mr. Rountree second by Mr. Bird to accept the Findings of Facts and Conclusions of Law as written by the Council, any further discussion? Bentley: Mr. Mayor, I've got some problems with a couple of issues on this. Everybody understands there is a need for good quality day cares throughout the city but part of the Condition Use process states that it must be harmonious and work well with the neighbor included, Mrs. Fife spoke that in her conversations with Mr. Alverson she felt that she could get along with everybody and everything should be fine but in the same token she stated that if Mr. Alverson wanted privacy they should have bought a piece that was more out in the country, a bigger piece or maybe even a piece with retired people in it or something. I have a little problem with that, with the problem of being able to work with your neighbors and the amount of changes that have been made in this since it came through from P & Z, the substantial changes, house location, size of the backyard, the amount of people that was originally on the permit, and I'm not satisfied that Mr. Alverson who is the neXt door neighbor in this is going to - is really settled on even having this thing reduced down to six or less children, so- Rountree: -- Actually twelve, six to twelve. Bentley: Six to twelve, down from the twenty-four so my feeling is this should go back to P & Z for reconsidefCItion and hopefully they can get the problems that seem to be present right now cleared up. - --- -" -- - .0--- -- .. ---- -- -- ",,_. "","-"..-----"" -,-----.,------------'--------- Meridian City Coune March 17, 1998 - Page 6 . Corrie: Any further discussion? Rountree: Without total review of the testimony there was indiCðtion on part of at least some folks testifying that a reduced number of children in this particular setting was something they could be agreeable to, that was our discussion at our last meeting. Our direction was to prepare new Findings of Facts to reflect that which these do, short of total denial of this application I'm not sure that that particular issue is going to be resolved and I guess ifs upon us to make that decision one way or another so I having said that I would call for question on the motion. Corrie: Question's bee'; called. ROLL CALL VOTE: Mr. Bird - yea, Mr. Bentley - nay, Mr.Rountree - yea, Mr. Anderson - nay. Corrie: I have two nay's and two yea's so the Mayor gets to break the tie. I think that there's people in the area that do need this type of service, no question about that, my main question is that they petitioned the Planning & Zoning for twenty-four, they found out that they weren't going to get twenty-four through the Planning & Zoning so they changed it to twelve which eliminated that major problem. There was some question as to the people around there, one I believe in particular, that didn't get the letter but I think it went to the people who owned the house, is that correct? I would assume that you will try to do as much as you can to your next door neighbor and the dogs and the dogs probably are going to bark a little bit but maybe you can work that out, your comment was a little bit rough on that one but I think you understood that so I'm going to vote yea on this one and hope that it's correct in that assumption that you will work with them. Decision. Rountree: Mr. Mayor I move that the City Council hereby approves the Conditional Use Permit requested by the applicant for the property described in the application with the conditions set forth in the Findings of Facts and Conclusions of Law and the property shall be required to meet the water and sewer requirments, the fire and life safety code, 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. Bird: Second it. Corrie: Motion made by Mr. Rountree second by Mr. Bird on the decision, any further discussion? All those in favor of the motion say aye. All those negative say no. -- n.- -~,,--" "" --on, -- -.-" "_,d- Meridian City Counfli.. March 17, 1998 . Page 7 8 MOTION CARRIED: All ayes. ITEM #4: NEW FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT BY STEINER CORPORATION: - Crookston: Mr. Mayor, I have declared a conflict of interest on that, John Prior is here to answer any questions if the Council has any. Corrie: Council this is one that was brought to my attention and I brought iUo the attention of the Council. Any discussion on this Findings of Facts and Conclusions of Law? Anything that you want to say before we do this? , ' Rountree: Mr. Mayor, I don't necessarily see that a threat of direction or action is shown in the findings to the appli~ant and that's probably a weakness on our part for not providing that specific information to counsel in the preparation of the findings. My thoughts and direction of this pàrticular action at the time of the hearing was that the difficulty I had with it was a lack of being harmonious with the surrounding R4 neighborhood and the larger lots and larger homes that it abutted and that if you'll recall I gave the example of the kinds of things that we had done in Meridian Greens and another $ubdivision that escapes me with providing larger lots and establishing a particular architectural style in a new requested subdivision that would reflect the architectural and lot size in those adjacent lots and then transition into the proposed use be it smaller lots or in this case a P.U.D., planned unit development, I've indicated to Mr. Campbell that I'm willing to sit down and discuss those issues with them, having said that that the way the findings are set up its set up as a denial to the original application by way of discussion I'm not opposed to tabling this until we have an opportunity to discuss this with Mr. Campbell and maybe make further modifications to make the direction clear to them and that we don't have double actions on this, that approach would also require the delay in tabling of the next item on our agenda as well which is a subdivision plat. Those are my comments. Corrie: Any further comments? Mr. Rountree do you want to make that into motion and we'll see where it goes? Rountree: Mr. Mayor I would move that we table action on this finding as well as the next item on our agenda until we have an opportunity to sit down with the applicant and provide specific direction to them with this particular application. Bird: I'll second that. Corrie: Motion made by Mr. Rountree second by Mr. Bird to table item #3 and #4 with the time to sit down and discuss the Findings of Facts and the ways that the Council would like for them to go. Any further discussion? ,,---- --- ,,-- --- --- ,,-- ----_m_-- --_.n._--.--,------,,--- --'..'