HomeMy WebLinkAboutMarch 12, 1996 P&Z Minutes
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Bear: I have property just across the south side of the of Mr. Van Auker's. I just want to
go on record stating I have no problem with the development going in there. I have lived
there about 6 years and it doesn't take a rocket scientist to realize that corridor was going
tö-be-geye_19Pf?d. My only concern is if Mr. Van Auker was going to develop all of that and
maintain ownership I would have no problem because I have seen some of his
develöpments and he does a fine job. My concern is if he sells some of these parcels off
what control do you have on what is being put in there. That is alii have.
Hepper: Anybody else? I will close the public hearing.
Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and
conclusions of law on this project.
Crookston: Oh, I would probably like to but this is a plat.
(Inaudible)
Shearer: I withdraw my motion.
Oslund: Mr. Chairman, I make a motion that we table this particular item until the 9th of
April pending the comments from ACHD.
MacCoy: Second
Hepper: Okay we have a motion from Commissioner Oslund and second by Commissioner
MacCoy to table this until April 9th, all those in favor? Opposed?
MOTION CARRIED: All Yea
Shearer: Before we continue on I wonder if we could have Mr. Roylance or one of the
owners on these last two projects bring forth their covenants for these that they are going
to draw up for these plats for our next meeting so we can review them.
(Inaudible)
Shearer: Okay they have already been submitted, we will get a copy of them then. Thank
you.
ITEM 15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
GROUP DAY CARE BY CRYSTAL MARTINEZ:
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Crystal Martinez, 1432 W. Carlton, was sworn by the City Attorney.
Martinez: Okay, I wanted to address some of the conditions that Shari, I was just handed
this tonight so I wrote a couple of things down. I have never done this before so if I am off
track interrupt me. On here she puts one of the conditions of this is maximum of twelve
children less if determined by the Fire Department and this includes my own children. I
waotJø--know;Thave a fourteen year old daughter I want to know if that includes children
---up to a certain'age or under a certain age limit or if there is some kind of?
Crookston: I believe it only pertains to children who are 12 or younger, I would need to
look at that but I think that is true. .
Martinez: That is fine, I will also, I want the City of Meridian to realize that I will be applying
for a State license and through the State and talking to Jim Rabbit and Shari they have
directed me and Diana Rich out at Department of Health and Welfare have all told me that
when I apply for my State license because I am applying for a group day care here in
Meridian that they are one in the same and no difference. So a State license will require
me to also have a center license which would require me to be allowed through the State
to have 13 plus children if I wish to. Now I want to know what kind of conflicts this has with
the group day care as far as, I have heard from Jim and Shari it is not conflict. So I want
to make sure that is on record and that there is something done about that if that is true
the case I would like to know about that.
Crookston: There is a conflict, to my knowledge anY'Nay. It is my understanding if you have
a State license they count the children at, there are 12 or under there at let's say 8:00 in
the morning and come back and check again at 5:00 so long as there are only 12 children
the State doesn't care. The City of Meridian says those 12 children cannot be different
children so that means you couldn't have 12 at 8:00 and they change and some kids go
home and then you accept other kids that might be as far as Meridian ordinance is
concerned that might mean 18 children.
Martinez: I understand that part of it, but that is why I am saying I have had this
conversation back and forth and I don't even know this is the appropriate style to discuss
it in but with Jim Rabbit and Shari both and this Diana Rich, that didn't' seem right to me
either so that is why I am bringing that up because I want to make sure I am doing
everything legal and everything in the proper manner as far as the City of Meridian is
concerned. I want to make sure that if a center conditional use permit is what I need to be
applying for than that is what I need to be applying for because that is what I intend to do.
Not at this time, I am not doing that right now but if indeed I want to come back and do that
after I get my 12 children in my day care facility then do I need to reapply because I asked
Mr. Rabbit this and he said that I would have to come up with another X amount of dollars
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to redo this again when in all reality my main intention was to do this, but he said there
was no difference. So it makes it really difficult on me to have to redo this all again.
~-
:=-GrookšfÜn:fûnaarstanc(and I very- much appreciate your questions because I think it is
- very appropriate to have answers. We went through this 7, 8 or 9 years ago and what the
, . -City hattqQne which is the way our ordinance reads that they count the total number of
children in-there during the day. It doesn't matter whether, if you have 12 kids at 8:00 and
there are 12 different kids at 5:00 per Meridian's ordinance you have 24 kids.
-.----.
.~"--~-
Martinez: I understand that and you have made that perfectly clear. I just want to make
sure that my questions are answered after this. I feel like I am kind of being mislead in a
way so I want to make sure I am getting those questions answered. The second thing that
Shari puts on here is to secure and maintain an Idaho State License a day care facility
license. Now, if that day care license is pending does that allow me in the City of Meridian
to operate with 5 or few children until licensed or do I then operate from 7 to 12 until
licensed, what is my conditional use permit play in that?
Crookston: You would have to have in order to have any number of children that is less
than six you would have to have I can't remember the name of it, an accessory use permit
but it is for five or less kids.
Martinez: The State doesn't require you to have a license I know that for five or fewer and
as far as I was told again was five or fewer children you are not required other than to pay
the $80 for the conditional use permit for the five of fewer children.
(Inaudible)
Martinez: Is that the accessory use permit, so anyway, so I want to know what I can do
from here so I can start operating and I can start doing this as this is going (End of Tape)
certificate of occupancy prior to obtaining and meeting all requirement of the Meridian Fire
Department. I don't know what that means, certificate of occupancy what, I am sorry?
Crookston: That is a permit that is, let me back up for a minute. Are you going to operate
out of your home and you already live in your home, you would just have to get a
certificate of occupancy to be able to use the home as a day care. The building
department here can do that.
Martinez: Okay, it says provide screen to adjacent residential properties to lessen impact
of noise, now does that screening include just my normal fence? I am wondering are we
talking walls here, what do I have to put up?
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Crookston: Well Crystal I don't know, I think that the building department you should ask
that.
MacCoy: Before you leave that question, I was out at your place and took a look, one of
the question I had here, do you plan to rebuild that fence or strengthen it.
Martinez: I just moved in six month~-ago, J purchased the house six months ago and I think
you will finçLiLy-au--ever--drO-ve-,bythe house prior to that you will find that several changes
~_-twvSßJteady been made to the property. Yes I do plan on making it look a lot nicer.
MacCoy: I talked to Shari maybe that is where her question came from, I said the fence is
in the state of needing some repair work.
Martinez: Right, and I have property bordering all sides of my, except for the front of
course. So I already talked to my neighbors about because they are required to pay for
half and I am required to pay for half and it would be a three sided bill basically one fence
down this way, one in the back and one fence this way. The only other thing I have here
for you guys is off street parking, I lied I have a couple things, off street parking does that
mean just strictly my driveway RV parking type area or is that I want to make sure where
I am telling parents to drive up what exactly does that pertain to as far as off street as for
at the (inaudible).
Hepper: That would be the driveway in front of the garage? Have you got a two car
garage?
Martinez: I have a one car garage and RV parking on the side.
Hepper: For one?
Martinez: Well there are four vehicles that can fit, actually two in my driveway, and two in
the RV parking, it is long enough for two complete vehicles to fit. So I have four actually
parking spaces, I park my car in the garage.
Hepper: How many can park side by side?
Martinez: Two. I have a pool in my backyard and that is addressed in number 6 in Shari's
thing. She suggest that I put an automatic lock (inaudible) I want to let you know this, I
don't know if all of you have children or grandchildren or whatever but I will tell you right
now I have a two year old girl and she sees me do something once or twice and she has
figured it out. To me myself personally I would not feel with an automatic locking gate
knowing that I just have to press a button or unlock it in some way, shape or form where
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my two year åïcrtotJ1d--dQß just as easily. I think the best opportunity for children not to
_get into my fenced pool area is aIT)aster lock with a key, the key put up high enough where
-the èqildren cannot reach it, wFíer&t'ha(1g all of my keys. I think that would be the best
option right there. Children are very bright~ery smart, very intelligent so I think they will
figure that one out real quick.
-~".
--...~_.
Shearer: How high is your fence?
---Martinez:W-¡s four-feet high all the way around the pool. There is one area where it is six
feet high because I have a deck all the way around my pool and that area that is six foot
high is from the ground up but it is àt four feet high level.
Shearer: Those automatic locks are not good unless you have about a five fence fence
and put it up high where kids can't reach it.
Martinez: When you are talking about taking care of kids that are like before and after
school age too they are tall nowadays they are not short so they can reach those things.
The other thing, number 7 I am willing to comply with that as far as keeping up with my
water payments and all of that. I don't have any other questions, I went through everything
else (inaudible) I am sorry I made that kind of lengthy I was just told that. I guess in front
of the wood stove, the Fire Department made a comment that I need to have a screen in
front of it, I do have a screen but it is a removable screen it can fall over or whatever. It is
a wood stove, I have never used nor do I plan on using it. Again I have a two year old and
there is that hazard of her touching it and burning herself. Other than that, that is the end
of my comments as far as this goes. If you have any questions I would be free to answers
those if you would like.
MacCoy: I have a couple more, what are your hours of operation?
Martinez: My hours of operation I am going to try to operate for those parents that are
having awkward hours, basiælly from 5:00 AM. in the morning until 6 P.M. in the evening.
I have talked to all of my neighbors about these hours, most of them work pretty much
those hours early in the morning, a lot of people are working 12 hours shifts now at Micron
unable to find day cares that will open up early enough and there is a substantial need for
that kind of hours.
MacCoy: Do you plan to have any handicapped children under your command there?
Martinez: I don't plan to have any handicapped children, I think it is going to be
endangerment my house is not equipped for it first of all.
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MacCoy: I noticed when I was there you had a, a dog was there, is that your dog?
.-
Martinez: I have a dog, I have a german shepherd, she has been obedience trained, she
gets aIQ!JQ-We.IJ-wm'-cffi1dren~-TheJe iso-a kennel strictly for Louie to stay in. She is not in
harm of any of the children and they are not in harm of her. Matter of fact she stays in my
fenced pool area until summer hits and then she goes in the kennel and I do have a
- ßeparat~J~Jlced kennel area and I have marked that off in my drawing that I believe you
all have received of my property.
MacCoy: I just noticed the area that you indicated as kennel (inaudible)
Martinez: On the side of the family room. There is a fence that goes in front of that with a
padlock on it also.
MacCoy: The day I was there he was in the regular play yard and then the kennel looked
like it had a lot of debris.
Martinez: Yes she left me behind quite a bit of junk wooded stuff. So I have tried to haul
it all off little by little but because I don't own a truck and I am single I have to depend on
my brother to pick it up for at his convenience.
MacCoy: That is all I had right now.
Crookston: I am sorry Mrs. Martinez, I do not have the application right in front of me what
is the address of your property?
Martinez: 1432 West Carlton.
Hepper: What is the age range of the kids you will be watching?
Martinez: I am going to go from zero to 11 years old and I will only have one infant per
adult. I plan on hiring somebody else to help me also as another adult. So I am going to
go from zero to 11, I will have before and after schools kids because I am walking distance
from Meridian elementary.
Hepper: Do you feel that a four foot fence around the pool is adequate height to keep kids
of that age out.
Martinez: I feel that a fence with an adult out there is adequate to keep any child out. If
they are being supervised and the children will not be allowed outside without supervision.
I think that is only proper.
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Hepper: So whenever there is only one child out in the play area there will be an adult out,
there?
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- -- - ,,- ---_:_----------,-~
-----~ --:--M~jtlez;;::Ji)~ã-n-ón having activitiesrs-onumber one there will never be a case where there
------------------ will be one child outside strictly because I am one adult and I can't be everywhere at one
,- tim-é.:, --$Q.JD-e- ~ctivities will be structured in a sense that everybody will eat lunch at the
same time, ëverybody will be watching a movie at the same time you know type thing
except for my infant of course and that type of thing.
Hepper: Any other questions?
Crookston: Are you going to have an assistant or an employee?
Martinez: Yes, I plan on hiring an assistant, as a matter of fact Tammy White is here with
me tonight, she has run a day care for eight years out of her own home years ago. She
is quite experienced and I have known her since we were 7 years old so this would be the
person that I plan on trusting in my home with the kids.
Crookston: And you would always have this system whether it is Tammy or someone else?
Martinez: I plan on doing that yes. I know that one of the provisions is that you have to
have, I think Jim told me that separate parking for that person.
Hepper: Okay, thank you very much.
Crookston: Let me just, sorry, I think your questions are great, I wish more people that
were going to do this would ask those questions, thank you.
Hepper: Okay, this is a public hearing, does anyone else wish to comment?
Shirley Marino, 1037 Washington Place, was sworn by the City Attorney.
Marino: I live right behind where the day care so my whole back side of my fence is her
back yard. I have never spoken to her so I don't know that the only thing that she had
going on. Day cares are noisy no matter if you have four kids or twelve. I didn't want my
back yard to become a day care and that is exactly what it would be because of all the
children there and my back yard. It is all single family homes in there, I didn't' think it was
set up for businesses I consider this a business. I think that will down my property value,
I have lived in my home for 23 years I don't plan to move out of it, I like Meridian. But if I
ever chose to I would like the option given the value that my home should be and I think
a day care in my back yard practically I think would lower that. Carlton Street is a street
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that is nobody really has to travel it if they live on it. If you put a day care there then you
have a lot more traffic on the~e tb_at you normally wouldn't have to have for a residential
n~_- -~ ---------~ aCE?8:__- ~J,'2a\lE:L~i~~n tñe4ásffew days because after getting the letter and realizing what
--~---;:-,> -'was-realty going-on over there that there is not supervision in the backyard when there are
---- -- ;----children oufthere.- Now that is only the few times I have seen them I an not constantly
looking over there but the times before I go to work and such. My concern also was the
four foot fence because the children were playing with a ball one day and it hit over into
the pool area and the dog happened to pick it up. So they were sticking hands in and
petting the dog and it didn't seem to bother them at all, but I thought that was a concern.
I told you those are my few concerns I hope you will think about them for (inaudible).
Thank you. -
(Inaudible)
Hepper: Let's wait and see if anyone else has any comments. Anyone else?
Martinez: I just wanted to address some of her concerns and she has some very valid
concerns. Number one her fence line does not, I am correct in assuming that you live right
along my back fence line and there is a fence that comes here so your whole backyard is
half of my back yard. It is a 6 foot high fence so I can barely see the top of her house, I am
not quite sure how she has seen into my back yard because the fence is like this there are
no holes. As far as the comments, like I said I don't want to hinder any of me neighbors.
I am a very friendly person I have never met this person however but I would be happy to
address any of her concerns on a regular basis if she were to ask me about those
concerns that she has. First of alii don't plan on moving out of there either I plan on living
there quite a while and I would just like to say that if she works those normal business
hours that most people work than she will not be home during that time. I am not sure if
she is a single parent and stays home with her kids or whatever the concern is. I would be
happy to work with those in any way, shape or form. I don't plan on making a loud noisy
thing back there, (inaudible) so I think they need a place to go that is safe and protective.
Thanks.
Hepper: Okay, anybody else? Seeing no one I will close the public hearing. We need
findings on this.
_n
Shearer: Mr. Chairman, I move we have the Attorney prepare findings of fact and
conclusions of law on this.
MacCoy: Second
Hepper: Okay, Commissioner Shearer has motioned and Commissioner MacCoy has
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second that we have the City Attorney prepare findings, all those in favor? Opposed?
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MOifON--CARRIED: All Yea
ITEM #16: P\:JBUC--HEABING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
LEARNING CENTER FOFr50'STjJ.R~~T~ BY MILLSTREAM PROPERTIES:
--- Cha~I~~_~aaCl5e, Salt Lake City, Utah, was sworn by the City Attorney.
Haacke: I am here to propose a project and I have some permitted tenants already
involved that being H & R Block an administrative office. The reason why I bring this up
even those this is a conditional use for the learning center is it affects the size of the
building. I have another layout of the building. I don't know if you guys received copies
of the site plan from Shari Stiles but there are two phases shown, one and two. Here I
have both phases together, the top portion of 6900 feet is basically your phase 1 showing
that he had a first. The reason why I am addressing this is the learning center, one of the
things brought up by Shari Stiles was if we did phase 2 how many more students we are
going to be bringing on and it would be (inaudible) we would basically move the learning
center and the administration to the second phase. Move H & R Block to the front and
have the other offices for lease, insurance offices or other permitted uses. Backerboard
doesn't travel well on the planes, I apologize for that. The school basically stresses
achievement as far past as the students can achieve on their own. One of the things that
Shari brought up was wanted to know age groups, number of students. We actually have
offices right now in Nampa where there are 35 total students. Five of them being in a
beginning class and age ranges of 5 to 8 years old. Junior classes in the ages of 9 to 12
there are 10 students and 20 student seniors ages of 13 to 17 years old. She also
expressed a (inaudible) for the existing tenants we are proposing 20 employees, that being
almost a quarter H & R Block is actually a seasonal office. During the tax season, January
1 st to April 15th we have seven to ten employees there and that reduces down to zero
after April through December. The administrative offices we have (inaudible) working the
non tax season and up to four during the tax season at that location. So at the maximum
load 35 of that being 20 students and just to express that 20 students are dropped off and
picked up very few are of age to even be driving. Any questions?
MacCoy: I went out and looked at the site (inaudible) I think the area is a good area for
you to be into it is a location that I think is well suited to what you want to do (inaudible).
Looking at your layout I thought it had good possibilities. I raise the question, do you plan
to have any handicapped children in this building?
Haacke: We currently don't have any handicapped children in Nampa and don't plan on
advertising for them. I understand buildings the new buildings that everything needs to