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HomeMy WebLinkAboutJuly 6, 1999 C/C Minutes 8 8 Meridian City Council Meeting July 6, 1999 Page 36 taking away the fact that we might have not doing this would cause a little bit more urban sprawl. We've got some areas down there that's going to have some people that is going to have to live close to there working there I think. I hope that Ada County Highway District follows through on some of the things that they've told us that they will probably have to do rather quickly rather than later. I would probably have to say that based upon what we're doing here tonight is to request annexation and zoning. I think it's okay. There's some problems that I think the developer needs to make sure they've got their ducks in a row, because one of the things is flood plain. We're not here to approve or disapprove any kind of construction. We have an idea what is going to be down there, but that's going to come at a later date. There's going to be a lot of questions asked. So if the vote goes two and two, I will vote for the annexation and zoning at this point. Rountree: Mr. Mayor I would like to make one point too and there were some aJ/egatíon or some aJ/usions that the City Council would be discriminating against residents and residential pipes, and I guess I want on the record that I for one wouldn't support that and can't support. We need to accommodate all the people that want to reside in Meridian, so I want that, at least my position, stated. Having said that Mr. Mayor, I would move that we direct the City Attorney to prepare Findings of Fact and Conclusions of Law, Decision and Order and a draft annexation ordinance that would annex and zone this property as requested by the applicant. Bird: I would second it. Corrie: Motion is made and seconded that we have the City Attorney draw up the Findings of Fact and Conclusions of Law for annexation and zoning of this property with the R-40 zone. Is there any further discussion? ROLL CALL VOTE: ANDERSON, NAY. BENTLEY, NAY. BIRD, YEA. ROUNTREE, YEA. Corrie: You're going to do it to me after all, aren't you? I agree with Charlie. It's a very delicate program here. We've got to be very careful in what we're doing so I'm going to vote yes and break the tie. MOTION CARRIED: 2 NAYS, ~ YEAS. TIE BREAKER, YEA. Rountree: Mr. Mayor I guess again for the record, really we haven't made a decision on this. It depends on the Findings of Fact and conditions that are stated. TEN MINUTE BREAK Corrie: Okay, I'll call the meeting back to order. We'll try to go through as many of these public hearings until about 10:20 and see where we are and then we'll probably have to put them off. The others will be the first on the agenda the 20th of July. We've got some other things we have to take care of this evening as well. 13. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A GROUP DAYCARE OF 6-12 CHILDREN BY VOANNA C. WARD D/B/A va's 8 8 Meridian City Council Meeting July 6, 1999 Page 37 DAYCARE-924 E. 4TH STREET: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) Corrie: At this time I will open the public hearing and start with staff. (End of Tape) Stiles: Mr. Mayor and Council, this is the location of the house where Ms. Ward proposes the daycare for the six to twelve children. This is an existing alley that's been unimproved. 4th Street has gutter, no sidewalk. I do have a letter from Ada County Highway District. The applicant had appealed their requirements which were extensive requiring paving of the alley and also providing sidewalk, and in this report they have taken out those requirements. I'll give this to the Clerk. This would be the northerly direction. This is the applicant's site plan. As you can see there's three feet behind the house currently. They have a wire fence there. It's basically unusable property. Our comment was to remove the weeds that were presently there taking up this entire area. I haven't been back to the site to see if that had been done. As staff our main concerns were that the fence, the existing fence, was not of a height normally recommended to enclose a play area. They do have very limited play area as you can see, there's 8 Yz feet between the structure and the adjacent property line. The chain link fence does apparently go clear to the property line. The parking that they're proposing would be in the driveway. Again our main concern was the number of children that would be here and the limited amount of play area and the provision I believe it's a four foot fence that goes to the property line. That is the maximum height of a fence that would be permitted this close to the right-of-way. Do you have any questions of me? Bird: Shari, do you have any problems with any of the recommendations of the Planning and Zoning Commission? Like the off street parking or any of that? Stiles: They will be able to provide the off street parking in accordance with city ordinance. I guess 1.11 on page three of the recommendation shall provide for a fence of appropriate height and construction to enclose play areas and screen adjacent properties, no guidelines were given for that, but again what is typically recommended is a six foot fence to enclose play areas. If the six foot fence were to be provided, it would have to be at a 20 foot setback,~and they would lose this area for any play area. So the only play area remaining would be this maximum 8 Yz feet wide for the depth of the structure. Corrie: Any questions of Shari at this point? The applicant. Ward: Voanna Ward, 924 E. 4th. I was applying for the conditional use permit. Since we have removed the weeds in the back. We have covered it with plastic and put chips back there and it's entirely closed off. We also have landscaping in the corner as to not encourage any of the kids to even try and go back that way. We also put in a chain link fence across the driveway so it's completely fenced in so there's no way they can escape. I have three children. They are 13, 8 and 6. You drive by my house any time of day and you will see at least six, seven or eight of their friends in my yard, in the pool, 8 8 Meridian City Council Meeting July 6, 1999 Page 38 and I feel that between the square footage of my house, my living room is quite large and I have the bedroom that I have marked, I would be designating as a play room and I would be using the den as an additional part of that and the living room area and my plan was to do different activities as to not - with the children so we have room for - we're inside with them doing crafts while some of them can be outside. My husband is there, plus I have someone going through the process right now of being fingerprinted to help me. I have one friend that would like to bring me her three children so that's one car picking up three kids. I have another friend with a baby and then there would just be one more lady with two children. When school starts, I would only have my three and one little one. I applied for the conditional use permit for the six to twelve because my three children are counted, and I recently quit a job as a Subway manager so I could stay home and watching two kids wouldn't quite help us out as far as income. So that's why I'm applying for the conditional use. Bentley: Have you read the conditions? Ward: Yes. Bentley: Do you concur with all of them? Ward: Yes, I do. The problem as Shari stated really for us would be the fence to make it the appropriate height of six foot. Because obviously bringing it back I would have no play area whatsoever. Bentley: Thank you. Bird: Is this a two story house, isn't it? Ward: Yes, it is. Bird: Are you going to sprinkle the upstairs? I see in the recommendations- Ward: The upstairs will be gated off so no one is allowed - Bird: No kids will be up there at any time? Ward: No children, not even - when I'm in operation my own children will not be allowed to go up there. Bird: Okay. Also if I read that right, it's three foot from the wire fence to your south wall of the house? Ward: Yeah. Bird: And is that the property line? Ward: The wire fence, yeah. Bird: So you're three foot from your property line to the south wall? Ward: Yeah, to the neighbor's backyard. Bird: Do you have any windows in the back there? 8 8 Meridian City Council Meeting July 6, 1999 Page 39 Ward: Yes, I do. Bird: Is that a fire wall? (Inaudible) Bird: When you're redoing something, you've got to bring them back up to code. I've got a question on that. Ward: We bought the house and it was in the original house was from the - you see the bathroom and the den over to the kitchen and the bedroom. That was the original cottage home. Then they had just built the rest of that on severely reducing the property - Bird: But you're making this home into a business now, and you're wanting the variance for that so I don't know - in a public facility which you have to consider that as a business, you've got to be five feet or farther or you have to have a fire wall from the property unless there's variance on that. In my mind this ceases to be a house when you bring in the daycare center, so then it goes under the rules and regulations of a business. Rountree: I don't necessarily disagree with where Keith is going, but I don't think it's been past practice to consider these group daycares of six to twelve as a commercial business. Shari, am I wrong? I think we always considered them as having to meet residential requirements. Stiles: There is a provision in the ordinance that said as part of a conditional use, it will considered a commercial use and I think that was more for sewer and water rates, but it makes no difference as far as the rates. But there is a provision in the ordinance saying that it will be considered a commercial use. Gigray: Mr. Mayor and members of the Council just a matter of information you can ask for a report and you could ask the fire marshal to do a report on how they would interpret this because I assume-they are the ones that would have to enforce the provisions since it's probably under the Uniform Fire Code. Bird: It's already in there in the conditions. On the approval of the conditional use, the applicant shall coordinate with t;':¡e Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals will result in revocation of conditional use permit. You have no problem with any of our conditions, right? Ward: No. Bird: Okay. That takes care of it then. Rountree: Mr. Mayor I have a question. When you were talking about going by and seeing kids in the yard and playing, you mentioned a pool. Is this a wading pool? A swimming pool? Ward: It's a wading pool. It's a little wad,ing pool. 8 8 Meridian City Council Meeting July6,1999 Page 40 Corrie: Any other questions? Okay thank you. Is there anyone else who would like to issue testimony on this in favor of the request? Seeing none, anybody who would like to issue testimony in disapproval of this request? All right, Council have any other questions that - anybody else? I'll entertain a motion to close the public hearing on item number 13. Rountree: So moved. Bird: Second. Corrie: Motion made and second to close the public hearing on item 13 request for conditional use permit. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Council, discussion? Anderson: Mr. Mayor I guess Keith has brought up some interesting questions. I not sure that we all know the answers to so I guess I would like to see this thing tabled and maybe have staff get with building department and fire department and find out whether this meets the requirements or not and come back and let us know one way or the other. Bird: Mr. Mayor, Ron, I feel real comfortable with that condition that she has agreed to and it is within the thing we would pass tonight, it covers that or she loses her conditional use permit. . Anderson: But I think they probably look at it from the fire standpoint as far as exits and sprinklers and things like that, but the question you raised about the code and distances and fire wall, I'm not sure that the fire department would answer that as much as the building department would. Bird: The fire department I think would - your fire marshal is the one that would enforce it. I think that not only in the code is under the fire code too; isn't that right Chief? Bowers: Mayor Corrie and Councilman Bird, it is in both codes. It's in the building code also and Daunt would have to at that also. Another thing we would have to look at I guess would and I didn't realize'it was that close either until you mentioned it the exits if there are exits out the back and if we are using those for our main exits. If we've got other exits out of this building, that might not come into effect. Bird: Mr. Mayor, I've got a question on that then, which the public hearing has been closed, but this is discussion. When this is part of that deal, exits doors can't swing in, in a public occupancy. I think it's B occupancy or above, and I don't know what six to twelve, I don't know how many square feet of actual area they're using there, so I don't know but the doors would have to be made to swing out for exits and most house residential swing in. 8 8 Meridian City Council Meeting July 6. 1999 Page 41 Bowers: Mayor Corrie and Councilman Bird, yeah, that is correct at that time and we would have to look at it a little farther and see and go into our code and go into the building code and see. Corrie: We're into public testimony again after we shut it off. Let's if you want to open it again, we can do that. Bird: No, I think Councilman Anderson had the idea. Corrie: You had an option to continue it or table these proceedings and continuing it would be a public hearing on the 20th of July. Bentley: I think if you're going to have some research done, it's going to have to be continued. Corrie: If that would be your choice, I'll entertain a motion to continue the public hearing. Bentley: Yes, but you already have a motion to close it so you're going to have to reopen it. Corrie: We can open it if that's what you're asking for. Bird: We didn't vote on closing it, did we? Corrie: Yes. So I'll entertain a motion to open the public hearing. Bentley: So moved. Bird: Second. Corrie: Motion made and second to reopen the public hearing. Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor I move that we continue this public hearing to July 20th, 1999. Bentley: Second. Corrie: Motion is that we continue the public hearing to be on the first of the agenda on July 20th, 1999. Any further dis~ussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 14. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR DEE JAY SUBDIVISION (14 BUILDING LOTS ON 15.04 ACRES) BY J-U-B ENGINEERS, INC- EAST OF STRATFORD DR & NORTH & SOUTH OF WATER TOWER LN: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) PUBLIC HEARING: REQUEST FOR VARIANCE FROM 1,000 FOOT MAXIMUM BLOCK LENGTH FOR DEE JAY SUBDIVISION BY J-U-B 15.