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Home My WebLink AboutPaddock, Linda CUP 8 . City of Meridian Attn: Jim Johnson 33 East Idaho Meridian, Id. 83642 4/11/90 Dear Mr. Johnson, I am respectfully requesting a special meeting of the Planning and Zoning Commission regarding my application for Conditional Use & Rezone. This special meeting is to obtain the results of the fact finding and conclusion requested by the commission. Time has become of essence for me due to the length of time transpired since purchasing the property and application to obtain a Conditional use permit for the daycare. Delays are causing me considerable financial losses. Your consideration for a special meeting by the 23rd of April, 1990 will be greatly appreciated. Respectfully, /~~ ,/1 /""E~......k Linda Paddock --' 8 8 JACK C. RIDDLEMOSER ATTORNEY AT L.AW 712 E; Fa'irv1ew ~. o. .ox 373 ...tRICIAN. IOAHO 836"': ~"'DN~ eee.I"'" May 14,1990 Ms. Linda Paddock 5112 Grover Street Boise, ID 83705 RE: Lot 2, Block 2, Tedi Subdivision, Meridian, Idaho Dear Ms. Paddock This is in response to your request for a review of the covenants on the subdivision in light' of your request for application to rezone the north half of lot 2 as commercial. This is based upon the following facts which have been related to me. The covenants provide that the south 40 feet of lot 2 shall be zoned commercial. ~_""Nothing ..is specifically referred to as to the north half of said lot 2. The covenants further provide that all other lots are to be residential or to be used for multiple. units. I am further advised that an application for conditional use per~ mit was applied for and granted in 1982 and in conjunction there- with a building was constructed on the north half of lot 2 for a shel ter home,' ---and was used as a shelter home until a feW months ago.' This building was placed on the lot almost eight-}"ears' ago with no further incidents or objections being raised by any other lot owners in the subdivision. - The granting of the conditional use permit and the building of Ute building on the north end of the lot as evidenced by visual inspection, the north half ,of the lot was in effect given the same statUs as the south half of the lot. The fact that the building has been built for all these years and used, anyobjec- tion to the building by any' other lot owner would be barred by both the statute of limitations and latches. In my opinion this matter has been settled for some time. truly yours JCll/nr We the undersigned DO Obje~to Linda Paddock using the4ØÞoperty at 1717 Crestmont Drive, Meridian, for the purpose of "Inchworm" Day Care. We understand that three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. We have the following reasons for our decision: 1) The corner of crestmont Drive and Cherry Lane serves a Circle K convenience store, which creates traffic dangers not normally present on other access street leading to Cherry Lane. The patrons of circle K pull out on to either Cherry Lane or crestmont Drive, sometimes not realizing that another drive is making a turn from one street to another through the intersection. Mr. Terry Jones, the manager of the circle K estimates that he has 200 to 300 customers from the hours of 8:00 am to 9:00 am. 2) This intersection is also the ingress and ec¡ress route for the subdivisions, Meridian Manor #1 and #3, since lt is the only way to get access to the traffic grid. 3) Pedestrian and bicycling traffic in the vicinity, usually children, would have increased danger. 4) Over the next several years one can expect the traffic on Cherry Lane to only increase as areas, to the west, already commercially zoned are fully utilized and more residential areas are built up. 5) The facilities at 1717 Crestrnont Drive do not have adequate parking. This would force the 5 em~loyes workers at the facility to park their cars on the street, thus reduclng visibility near the intersection. Parents dropping their children off would be pulling out of the seven parking spaces which are available directly in to Crestmont Drive into line of traffic. Also, parents may decide to drive on down the street and use the residential streets or driveways for U-turns. 6) The 40 to 45 children being cared for will generate 20 to 45 additional cars using this intersection each morning AND each evening. This, along with existing traffic flow, would congest this entrance to the subdivision excessively. NAME I PHONE I DATE I ADDRESS -----------rJ---------------------------------------------------~--------- ~~L~. èJ~ ~~~~£.t!72¥;2Q1lfþt¥ -~ ~n J: ll£ ld~ ~~- - - - -- a é /'~ I ~r('.?-z $/;) J ,"'0 ~ - '.-, .1 ,! Çl:fLr¿:JJâ4-- -- 1.;)A_~-----~l_~-V-~-...Li:i_-G6~~-~L_---- - - ¿.L~ î..d..lt ~ ~~ - _l~ig ~& i1 ø ¥,f y _1- - ~ ~!~ - .2':.t!:W~~~ &~ - - - -- - - - - -- - ~~ ~ -- - - - ¥ J j':':~Z !l_~!!. p.£! - ./-1: ~ - Ll ~ ~-A- - - ~ - - - - - - -- - ~~-~t1L - --- - _! M~I!! ?Ü~ 1 ]~L\âL ~ l-!. ~ 1 ~ ~ - - ~ ~ ~ ti'- ~ ~ j \ v l/ '--- I I I -------------------------------------------------------------------------- I I I -------------------------------------------------------------------------- We the undersigned DO Objec~to Linda Paddock using the t'tperty at 1717 Crestmont Drive, Meridian, for the purpose of "Inchworm" Day Care. We understand that three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. We have the following reasons for our decision: 1) The corner of Crestmont Drive and Cherry Lane serves a circle K convenience store, which creates traffic dangers not normally present on other access street leading to Cherry Lane. The patrons of Circle K pull out on to either Cherry Lane or Crestmont Drive, sometimes not realizing that another drive is making a turn from one street to another through the intersection. Mr. Terry Jones, the manager of the circle K estimates that he has 200 to 300 customers from the hours of 8:00 am to 9:00 am. 2) This intersection is also the ingress and egress route for the subdivisions, Meridian Manor #1 and #3, since it is the only way to get access to the traffic grid. 3) Pedestrian and bicycling traffic in the vicinity, usually children, would have increased danger. 4) Over the next several years one can expect the traffic on Cherry Lane to only increase as areas, to the west, already commercially zoned are fully utilized and more residential areas are built up. 5) The facilities at 1717 Crestmont Drive do not have adequate parking. This would force the 5 em~loyes workers at the facility to park their cars on the street, thus reduc~ng visibility near the intersection. Parents dropping their children off would be pulling out of the seven parking spaces which are available directly in to Crestmont Drive into line of traffic. Also, parents may decide to drive on down the street and use the residential streets or driveways for U-turns. 6) The 40 to 45 children being cared for will generate 20 to 45 additional cars using this intersection each morning AND each evening. This, alon9 . with existing traffic flow, would congest this entrance to the subdivislon excessively. NAME I PHONE I DATE I ADDRESS + ~~F~~~~~~~=~~~I!¡¡;i¡I~~2~t~I~Þ-¿{~2~~¡:~~2~~~~~( D? Y L - 41448 )1~~ -- - ~l::roi..ã A ~ _.kL ~ - _£%Y~J:. k- - - - - ~ _:::- - -:- - _':..', ,h.z-, / / I/{;" fL. Rt'í-/51J, 5'*01 fO,"} ---¡ /l., ð - -J----- J-) 11" -' ;1,' >,- t- -'-Tz¡,¿J---r~- u - - ~~-.: r ~ -!_.L - - - - - =p. r¡ -1..:. - - -/..4. ~: - V..J.&-~~ ~- t ...;;~ i-"¡~ ~U~"d.- -~z~-_!~§ Q':~! Y-l.V~ 2:t2.11rf 3- 2_.h; ¿æ k~~ ¿ - _22Ç;{:;~-Í2-~ /,.' ø~ I~- 1- 0.,1 ~ / ;;:." ~ . -1- - ,4.':¿~ 6:i:c~--_!if.1-~.il.iIE_J.>_:l2:lf'-.k.LZL:~,u., t _Ø!«~Aw.. !l~~i:!J..- _d~ - - _!!: ~ -~1. L1 fL j:? ~~ ~ - ~ ~~ - ~ ~ ~!~~.:-' j: - ~~.- J J- i! ~ d ~ ~4 ,{J / ,p,~ A. t:-ytÿ,J 1~-'/..1-~cl/7...1tf~ ---'I -t-¿> }/1, , /\, y~-~~~~~~~-----------------------------~~~~---~--~~-- We the undersigned DO Obje~to Linda Paddock using the ~operty at 1717 crestmont Drive, Meridian, for the purpose of "Inchworm" Day Care. We understand that three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. We have the following reasons for our decision: 1) The corner of Crestmont Drive and Cherry Lane serves a circle K convenience store, which creates traffic dangers not normally present on other access street leading to Cherry Lane. The patrons of Circle K pull out on to either Cherry Lane or Crestmont Drive, sometimes not realizing that another drive is making a turn from one street to another through the intersection. Mr. Terry Jones, the manager of the Circle K estimates that he has 200 to 300 customers from the hours of 8:00 am to 9:00 am. 2) This intersection is also the ingress and egress route for the subdivisions, Meridian Manor #1 and #3, since it is the only way to get access to the traffic grid. 3) Pedestrian and bicycling traffic in the vicinity, usually children, would have increased danger. 4) Over the next several years one can expect the traffic on Cherry Lane to only increase as areas, to the west, already commercially zoned are fully utilized and more residential areas are built up. 5) The facilities at 1717 crestmont Drive do not have adequate parking. This would force the 5 em~loyes workers at the facility to park their cars on the street, thus reduc~ng visibility near the intersection. Parents dropping their children off would be pulling out of the seven parking spaces which are available directly in to Crestmont Drive into line of traffic. Also, parents may decide to drive on down the street and use the residential streets or driveways for u-turns. 6) The 40 to 45 children being cared for will generate 20 to 45 additional cars using this intersection each morning AND each evening. This, along with existing traffic flow, would congest this entrance to the subdivision excessively. I PHONE I DATE I ADDRESS ~~ ~ ~~ ~ I£ [¿.J L ~ ~ ~ ~ ~ ~(¿ ~ ~~~ !=~~ ~~~~, ~ ':dl.)" 'i le)-'- ~' II I ,. /1/ (f '-j., -b2 ;t J, 2",' ¡"LJ ',' 'i \_~U,I c6)'~ (G~ 2S~""- ciJ.¿,h "¡/\.-'1, ";'i,'/l) ¿ 'A; _.SL~i-- ,---_t-_-------- ---------_!U_------~ ~ --~-----l ~~- ~1L ""Jt-, /,<" -' ~'!iZ" / "t/I!J/" ì l...; ~ I ~ '¡:"é - Q/()& ~ )1.-, " I - ií¿¡;ÙJ/')/,);,' //;"é' I ~,:F'-;;,;", O/I-,--/"~ ð ,IS, " "Æ/./Jß/£. --ê---~~~ - ~---~---~ ----------------;t---1L~--- u¿9~__----- I I I -------------------------------------------------------------------------- I I I -------------------------------------------------------------------------- I I I -------------------------------------------------------------------------- I I I NAME -------------------------------------------------------------------------- We the undersigned DO Objec~o Linda Paddock using the tltperty at 1717 Crestmont Drive, Meridian, for the purpose of "Inchworm" Day Care. We understand that three-fourths (75%) of those persons o.~ing property within 300 feet must agree to this Conditional Use before the proposed use will be considered. We have the following reasons for our decision: 1) The corner of crestmont Drive and Cherry Lane serves a Circle K convenience store, which creates traffic dangers not normally present on other access street leading to Cherry Lane. The patrons of Circle K pull out on to either Cherry Lane or Crestmont Drive, sometimes not realizing that another drive is making a turn from one street to another through the intersection. Mr. Terry Jones, the manager of the Circle K estimates that he has 200 to 300 customers from the hours of 8:00 am to 9:00 am. 2) This intersection is also the ingress and egress route for the subdivisions, Meridian Manor #1 and #3, since it is the only way to get access to the traffic grid. 3) Pedestrian and bicycling traffic in the vicinity, usually children, would have increased danger. 4) Over the next several years one can expect the traffic on Cherry Lane to only increase as areas, to the west, already commercially zoned are fully utilized and more residential areas are built up. 5) The facilities at 1717 crestmont Drive do not have adequate parking. This would force the 5 em~loyes workers at the facility to park their cars on the street, thus reduclng visibility near the intersection. Parents dropping their children off would be pulling out of the seven parking spaces which are available directly in to Crestmont Drive into line of traffic. Also, parents may decide to drive on down the street and use the residential streets or driveways for U-turns. 6) The 40 to 45 children being cared for will generate 20 to 45 additional cars using this intersection each morning AND each evening. This, alon~ with existing traffic flow, would congest this entrance to the subdivisl0n excessively. I PHONE I DATE I ADDRESS ~---~~----:;-~~-/;?~-----ï-~~~---ï-~~~-Ÿ~-I--:--~---~----~--------~)--~------- -. 4- -~l:_L(./ CC?1/7ULJ gj/f-7r'2k; ;¡ /<579 C,/t:~ ~,,!(.'I-- l'"lle + '- ~,-*-:--ï/7~-.-----V¿Jïi-ï-5,~i--ï(;lï--~:;~~;);- ,j~------------- '~j¿~~~~-------~--_Z_-~---------~----------~~------------- -~~~~-~-~~~-_!~~~:~~~!_~---_!~~~~~~~~-~~~~----~---------- - ~ - --~.:~-Ø--_!~./.!¿~4~~____----- [ ~/gj f" '----_!'[~:.?;,Jd!.:!-LL_!~ad~{WLC_____----- .. gsg:3~!f£7- í/¡</ ~UJVh )¿¿ð" VI'l.Ub --;;;j;, , ~l- 7 ~Ii-L1QïI~r-:t~~~!1Ø-d~J jj~~q¿:;'¿;/; i/ NAME ~ . , We the undersigned DO Obje~to Linda Paddock using the ~operty at 1717 crestmont Drive, Meridian, for the purpose of "Inchworm" Day Care. We understand that three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. We have the following reasons for our decision: 1) The corner of Crestmont Drive and Cherry Lane serves a Circle K convenience store, which creates traffic dangers not normally present on other access street leading to Cherry Lane. The patrons of Circle K pull out on to either Cherry Lane or Crestmont Drive, sometimes not realizing that another drive is making a turn from one street to another through the intersection. Mr. Terry Jones, the manager of the Circle K estimates that he has 200 to 300 customers from the hours of 8:00 am to 9:00 am. 2) This intersection is also the ingress and egress route for the subdivisions, Meridian Manor #1 and #3, since it is the only way to get access to the traffic grid. 3) Pedestrian and bicycling traffic in the vicinity, usually children, would have increased danger. 4) OVer the next several years one can expect the traffic on Cherry Lane to only increase as areas, to the west, already commercially zoned are fully utilized and more residential areas are built up. 5) The facilities at 1717 Crestmont Drive do not have adequate parking. This would force the 5 em~loyes workers at the facility to park their cars on the street, thus reduclng visibility near the intersection. Parents dropping their children off would be pulling out of the seven parking spaces which are available directly in to Crestmont Drive into line of traffic. Also, parents may decide to drive on down the street and use the residential streets or driveways for U-turns. 6) The 40 to 45 children being cared for will generate 20 to 45 additional cars using this intersection each morning AND each evening. This, alon~ with existing traffic flow, would congest this entrance to the subdivislon -excessively. I PHONE I DATE I ADDRESS :Zï ø-)-;;;;:Jlï;£~ ~ ~~ Ii] i ~~~¡ ~ ~~ ~ f j~I~j2i ~ ~:~ /il~ ~ ~~ j~ !!jjftik I uJ i~~'~ &~.J d , - --~~~-- - ---- j~:~21~:iQIøt~~__~~ I b !J.øuu - -~1'D..:t/fÆ¿!ri1'¿¿¿4 // /77 ~ £/ 12u..C-_--, ' -~ _1Ø1:.:1 !_1L i - ~.I ~I ~-L 2~ L ~ ~ - /~ --. ~])_-ii.clúð__.e;B:~_S:(£1Q1j_l~.3.-_~~~_l:1L~J]}&~.v"-- - - '~-JdtI¡¿- - _____1 [~r:. ~~~ ~p-~-~! - ~1 ~ c£-.. - [J L - - ~~ NAME 8 . City of Meridian 33 East Idaho Meridian, Idaho 83642 May 22, 1990 TO; Honorable Mayor Grant Kingsford Members of the City Council RE; Linda Paddock's request for Rezone & Conditional Use Permit Please find attached a revised plot plan for parking and play area for your consideration. Also find attached an Earnest Money to purchase additional property for proposed parking and play area. Your consideration of this new proposal and calling for a public hearing if necessary at the earliest convenience is appreciated. You will note as per the revised proposal that all customer parking is off of Cherry Lane. The only parking off of Crestmont will be for 5 to 7 employees. I believe this revised proposal will alleviate the concerns of the public and council regarding traffic congestion on Crestmont Dr. and customer parking for the day care. Your cooperation an~ timely response is greatly appreciated. Respectfully, ------,,"' - ~-~....' /7 ¡// ~~, Linda Paddock AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselor. P.O. Bo~ .27 Meridian. IdahO 83ß.i12 Telephone 888-«61 8 8 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN LINDA PADDOCK REZONE AND CONDITIONAL USE PERMIT 1717 CRESTMONT DRIVE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing July 3, 1990, at the hour of 7:30 o'clock p.m., the Petitioner appearing through Guy Walker, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application and the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 3, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 3, 1990, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridi an and the Appl icant has an agreement to purchase the property which property is described in the application which description is incorporated herein; that the property to the south is zoned C-N and is used for an insurance office and another parcel of property to the south is a vacant lot and is 1- AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Bo~ .27 Meridian, IdahO 83ß.i12 TelephOne 886-«61 8 8 zoned C-N; that one parcel of property to the east is zoned C-N and is used as a convenience store; the property to the west is used predominantly for single family dwellings; the property to the north is used for multi-family dwellings. 3. That approximately one-half of the property is already zoned Neighborhood Commercial one-half is zoned R-4 and Residential; that the Applicant requests that the portion zoned R-4 rezoned to C-N; that both of the zones require a be conditional use permit for the operation of a day care center caring for thirteen (13) or more children, which is the use the appl ication requests; that such use requires a conditional use permit in any zone where allowed. 4. That the C-N District i s described in the Zoning Ordinance, 11-2-408 B. 2 as follows: (C-N) Neighborhood Business District: The purpose of the (C-N) District is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into adjoining residential districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal Water and Sewer systems of the City of Meridian and shall not constitute all or any part of a strip development concept. 5. That the property i s contained the CAIRNS in neighborhood as designated on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan; neighborhoods are defined in the Plan at Page 6 and states as follows: AMBROSE. FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Bo~ .27 Meridian, Idaho B3&C2 TelephOne 886-«61 8 8 "Definition: The neighborhood is a residential area with uniform characteristics of a size comparable to that usually served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one-half to one and one-half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification." 6. That the use proposed by the Applicant is set forth above and the Applicant proposes to care for 45 to 50 children and indicates that she will be state licensed. 7 . That the day care use proposed by Appl icant is an allowed conditional use in the R-4 or the C-N districts; that the conditional use procedures in 11-2-418, requires the Appl icant to state that the proposed use does not violate any subdivision covenants or deed restrictions; that Guy Walker, representative of the Appl icant, stated at the Planning and Zoning hearing that there were no covenants applicable to the property which would prohibit the use but the Applicant did not state i n Application that her use would not violate her subdivision covenants or deed restrictions; that the covenants do state as follows: "(a) Lot 1 of Block 1, and Lot 1 of Block 2, and the South 40 feet of Lot 2 of Block 2, are to be zoned "C" Commercial, ..." (b) All other lots are to be residential or to be used for multiple units by combining several lots or portion of lots, II . . .. , that the Applicant submitted a letter from Jack C. Riddlemoser, Attorney at Law, opinioning that the covenants did not restrict the use of the North one-half of the lot for other than AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors p .0. Bo~ .27 Meridian, Idaho 83642 Telephone 886-«61 8 8 residential purposes. 8. That the subject property is presently vacant but has been used in the past as a shelter home for the elderly and for those in need of supervised care; that the structure on the premises is designed as a single-family dwelling; that the property is fenced; that the property has no irrigation canals or facilities the property; that there are no visible on hazardous areas on the property. 9. That at the time of the Planning and Zoning hearing the property did not have immediate direct to a access transportation arterial or collector but was only approximately 110 feet from Cherry Lane which is a principal arterial and the property has good access to Cherry lane; that subsequent to the Planning and Zoning hearing the Applicant obtained the ability to use a lot West of Lot 1, Block 2, Tedi Subdivision, which Applicant now proposes to use for parking of visitors and as a drop-off/pick-up area for children; this new lot has direct access to Cherry Lane which is a major arterial; that vehicular access should not be a problem and the proposed use does not require greater access. 10. and water i s already connected to the That sewer property, but the use may require additional charges or fees. Also, the City Engineer submitted comments which are incorporated herein as if set forth in. full herein; that the comments specifically address, in addition to the possible increase in water and sewer fees, the need for off-street parking and screening of the parking from adjacent the AMBROSE. FITZGERALD & CROOKSTON Attorneys and Counselors P,O. Bo~ .27 Meridian, Idaho B3&C2 Talephone 886-«61 8 8 residential developments. 11. That the applicant was not required to obtain the signatures of owners of lots within 300 feet of the subject property showing approval of the application if the rezone is granted since the conditional use would not be a residential district; if the rezone is not granted, but the Applicant still desires to operate the day care center, the Applicant would have to submit the required approvals. 12. That there was testimony submitted in opposition to the application; that a petition was submitted in evidence which objected to the granting of the conditional use for a day care center; that the reasons cited in the petition as grounds for objecting relate to traffic; testimony was also given objecting which objections centered on requesting that the area maintain its peaceful and quiet residential character, concern over adequate parking, and concern over the possibility of increased noise from the day care, a 11 of which may reduce property values. At the Planning and Zoning hearing there was one individual testifying in favor of the Application and he owned the property to the immediate south of the subject parcel which is used for his insurance office. He testified that he did not think that the traffic would be a problem and thought the application should be granted. 13. That the proposed use now includes a drop-off and pick-up area that would have access directly to Cherry Lane; this area would also be used for visitor parking. 14. Applicant's representative testified that the parking AMBROSE, FITZGERALD & CROOKSTON Attorneys and Couneelors P.O- Bo~ .27 Meridian, Idaho 83M2 Telephone 886-«61 8 8 area East of the parcel would only be used for employees and would not be used for child drop-off or pick-up. 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 App1icant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; and 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2- 418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; that the City of Meridian has authority to place conditions upon granting a zoning amendment. 5. That 11-2-418(C) of Revised and Compiled the Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; i l AMBROSE. FITZGERALD & CROOKSTON Al\omeys and Counselors P.O. Bo~ .27 Meridian, IdahO B3&C2 TelephOne 888--40161 8 8 that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use is designed and constructed to b e h arm 0 n i 0 u sin a p pea ran c e wit h th e character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that traffic should not increase significantly because of the proposed day care center, and due to the drop-off and pick-up area having access from Cherry Lane, the residential area North of the parcel should not see an increase in traffic due to this proposed use. and water e. The property has sewer service already connected. f. The use would not create excessive additional requirements at public cost for pub1 ic facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking layout in the Application will meet the requirements of the City ordinance due to the change in the parking and pick-up and drop-off area. i. The development and uses will not result in the destruction, loss or damage of AMBROSE. FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Bo~ .27 Meridian, IdahO B3&C2 Telephone 886-«61 8 8 a natural importance. scenic feature of major or 6. The conditional use procedures require that the Applicant state that the use does not violate covenants or restrictions; that the Applicant.s representative stated at the Planning and Zoning hearing that the use did not violate the covenants; the restrictions set forth in in the co v e n ant s paragraph 7 of the Findings of Fact are not clear whether the use would violate the residential restrictions; it is clear that the South 40 feet of the subject parcel may be used commercially under the covenants, but it is not clear whether the rest of the lot may be used commercially; the language does not specifically address the northern portion of the subject parcel or its allowed uses. The language is ambiguous as to whether the north portion of the subject lot is included in the allowed commercial area or whether the north portion is included in the language "a1l other lots" since it is only a part of the lot and the southern part is specifically allowed to be used commercially. It is generally held that where an ambiguity in restrictive covenants exists, that since such covenants impede the free use of land and restrict commerce and trade, that the ambiguity should be resolved in favor of the least restriction. It is therefore concluded that due to the ambiguity regarding the allowed use of the northern portion of the subject parcel that the residential restriction should apply and the not covenants do not barr the proposed use. Such construction is also in line with the opinion of Jack C. Riddlemoser, submitted by the Applicant. It is also concluded that it is in the best .r AMBROSE, FITZGERALD & CROOKSTON Attorneys a"d Counselors P.O. Bo~ 427 Meridian, Idaho 83&112 Telephone 888-4461 8 8 interest of the City to have uniformity of zoning for one small parcel of ground and since the property has been used in the past commercially as a shelter home that it is logical to have the entire lot zoned commercial, rather than residential. 7. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11- 2-416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 8. 11-2-416 of the Revised and Compiled That ( K ) Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The area is in the CAIRNS neighborhood which is designed for residential and other uses which support residential needs and a mix of those uses and a rezone of the subject property is in line with that designation, particularly since one-half of the parcel is already commercially zoned. (c) It is difficult to determine whether the area included in the proposed zoning amendment was or was not intended to be developed in the fashion that would be allowed under the new zoning but the fact that the other one-half of the lot is already zoned C-N indicates the new zoning would not be contrary to the allowed uses in the area and would be in line with existing adjacent developments in the area. 8 8 (d) The access to Cherry Lane is good and Cherry Lane meets the requirement of the C-N district that land zoned C-N have access to a collector or an arterial and thus the property lends itself to a rezone. (e) That the property is designed and constructed to be harmonious with the surrounding area. (f) The proposed uses should not be hazardous or disturbing to the existing or future uses of the neighborhood. (g) The property wi 11 be ab1 e to be adequately served with public facilities, and connection to municipal sewer and water is completed. (h) The proposed use would not create excessive additional requirements at publ ic cost for publ ic facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use should not involve any detrimental activity to any person1s property or the general welfare. (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature or major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 9. I t i s further concluded that the comments, recommendations and requirements of the City Engineer will have to be met and complied with. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Bo. .27 Meridian, Idaho B3&C2 TelephOne ß88..«61 , . AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box .27 Meridian, Id8IIO B3&C2 Telephone B(8.4o461 8 8 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN RON TOLSMA V 0 TED t./Að... VOTED¡-- VOTED~ VOTED-þ- VOTED COUNCILMAN BERT MYERS COUNCILMAN BOB GIESLER COUNCILMAN ~ YERRINGTON GRANT P. KINGSFORD (TIE BREAKER) DECISION The Meridian City Council hereby approves the Rezone and the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required and sewer the to meet water requirements, the fire and 1 ife safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking shall be paved. The areas conditional use should be subject to annual review upon motion by the City, and the conditional use is granted subject the parking area on the east be used solely for employee parking, and that all children, except employee's children, be dropped off and picked up in the parking area south of the subject parcel and which has access on Cherry Lane. The City attorney is directed to prepare an ordinance for the rezone. MOTION: APPROVED: (f:) DISA.PPROVED: .- -- 8 8 MERIDIAN CITY COUNCIL MAY 15, 1990 PAGE #3 Boesiger: One other point on the single corner issue I would just like to reitterate that your plan doesn't say shall be a single corner only, but should be. We are likewise not interested in doing strip commercial. Kingsford: Plan. I really think that we would be looking at an amendment to the Comprehensive Korte: Explained Policy #2 & #3. Kingsford: Anyone else from the public who wishes to offer testimony. response the Public Hearing was closed. Being no Myers: It looks to me that we need to have a determination on the Comprehensive Plan. What's your recommendation on how we would go about changing that? Kingsford: I don't recall seeing anything in the Findings for the Planning & Zoning about this. Crookston: You could table it for additional Findings, you ca~ table it on whether or not it is in compliance with the Comprehensive Plan. Kingsford: What's your opinion on the Plan Unit Development thing. Crookston: You have more control on Plan Unit Development. To go ahead with the options, you could grant it and then proceed with the Comprehensive Plan and amend. it subsequent which is not preferable, deny it or table. Tolsma: We might look at conditional zoning. Myers: The Plan Unit Development sounds better to me. Kingsford: What about tableing it until they come forward with a plan, user? Crookston: I think in order to do that you would have to have a basis for denial. Kingsford: Couldn't we just table it. The Motion was made by Myers and seconded by Tolsma for the attorney to research the Comprehensive Plan and also on the conditional zoning. Motion Carried: All Yea: ITEM#2: PUBLIC HEARING: LINDA PADDOCK: REZONE REQUEST WITH CONDITIONAL USE PERMIT FOR DAY CARE BY Kingsford: proximity. Tolsma: I will open the Public Hearing, is there anyone pres~'t who wishes to offer testimony. I will ask Councilman Tolsma to preside over this, I live within the close 8 8 MERIDIAN CITY COUNCIL MAY l5, 1990 PAGE #4 George O'Connor, 1819 Crestmont Drive, was sworn by the attorney. O'Connor: Read a petition listing six items of opposition to this Day Care facility. There were 29 signatures on these petitions. Petitions are entered as part of the record and are on file in the Clerk's office. Jerry Phillips, 544 W. Cherry, was sworn by the attorney. Phillips: How many kids where they have there in the summer when school is out? Also if it goes through a sound barrier fence on the west side of the property, I'm just 70 ft. from that property line. Joni Rath, 631 Lawndale Drive, was sworn by the attorney. Rath: One of my concerns is how many kids are going to be there, the traffic problems, the noise. Meridian does need quality child care but not in a small home. Dixie Wood, 628 Lawndale Drive, was sworn by the attorney. Wood: Concerned about traffic, hopes the council will take the time to go out and take a look at the traffic. There are only 6 parking spaces also which is not enough. Guy Walker, 2555 Misty Drive, was sworn by the attorney: Walker: I am here representing Linda Paddock. We appreciate the P & Z recommendation, we would also like to address their concerns. One of the concerns was the parking lot redesign and I did provide the City a redesign of the parking lot. The redesign provides for 3 employees parking and the possibility of a fourth, room for six visitors across the front. One of the other concerns of the P & Z is the deed restrictions. After reviewing the deed we could find nothing on the deed that restricted the use of this property. Covenants - our interpretation of the covenants reading every other lot other than the lot that has been zoned. Only half of the lot has been zoned commercially , but the property has had a conditional use permit using the property as a commercial piece of property. The building is not built for residential use it is strictly built for a commerical project. A letter from Attorney Jack Riddlemoser was entered into the record. Cherry Lane is the only four laned road in Meridian which will help traffic go from Crestrnont to Cherry. What better place can you have a day care than right at that area. The traffic is not a problem it is a concern. It will be completely fenced with a solid fence 6 ft. high. Giesler: On your new layout, they are still going to be backing out onto Crestmont. Is this existing structure to scale with the lot. Walker: Yes they would be backing out onto that street. No I wouldn't swear to that. Giesler: First you mentioned the shelter home being a business already at this location, first you have to realize that there would not be the amount of traffic with a shelter home than with a day care facility. voiced real concerns with the traffic situation. I don't see how 35-45 kids can be in that small yard. Walker: I would have to confer with the client to see about restricting the number to be at the day care. There would not be 45 at one time out in the yard. 8 8 MERIDIÁN CITY COUNCIL MAY l5, 1990 PAGE #5 Yerrington: What would be the maximum age of children she would be caring for. Walker: Up to twelve years old. Yerrington: What would be the average age then? Walker: Probably 6 or 7. Yerrington: So that means in the summer time they could have 4C to 45 children there all day long, right? Walker: Possibly, yes. There is going to be one person for every ten children to supervision. Giesler: The 45 is the maximum she could have at one time. could come and fill that spot. Sc if one child left another Walker: No, you can only enroll 45. Giesler: As long as there is 45 there at one time, if one leaves then one can take that place I think. Crookston: I don't know what the requirements are for a Day Care Center. Myers: You can have 45 enroll but they may not all be there at the same time Walker: That's correct. Myers: The maximum you can have at one time and the maximum that are enrolled could be different. Walker: Yes. Tolsma: I agree with Mr. Giesler's comments. The traffic is already backed up getting out onto Cherry Lane. People cut accross the parking lot to get out on Cherry Lane. The traffic is a problem, I went over and watched the traffic fl~w. Walker: It sounds like the neighbors have a problem with Circle K. Dan Wood, 628 Lawndale, was sworn by the attorney. Wood: Had questions about the parking. There would have to at least five spaces for the employees if there were 45 kids there. When the Conditional Use Permit was issued it was with the intent that older people would be at the Shelter home without cars. A majority of the neighbors do not want this and I am opposed also. Tolsma: Anyone else to testify, being no response the Public Hearing was closed. we have to have new Findings on this? Do Crookston: .1 think there have been enough issues raised that it's appropriate for new Findings. Myers: Most of the testimony tonight is about traffic conerns. The Motion was made by Giesler and seconded by Myers to have the attorney to prepare the Findings of Fact and COnclusions of Law. Motion Carried: All Yea: ,. 8 . NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on June 19, 1990, for the purpose of reviewing and considering the Application of Linda Paddock for a rezone of the north portion of Lot 2, Block 2, Ted i Sub d i vis ion, Mer i d i an, A d a C 0 u n t y , I d a h 0 , from R - 4 Residential to C-N (Commercial); the south 40 feet of this parcel is already zoned C-N (Commercial). The Applicant also requests a conditional use permit for the _op.eration_of Inchworm 0 a y Car e C e n t era t the a b 0 v e pro per t y w h i chi s k now n b-y the address 1717 Crestmont Drive, Meridian, Idaho, and hearing will also be held on that Appl ication; the Appl icant also proposes to use Lot 1, B 1 0 c k 2, Ted i Sub d i vis ion, w h i chi s z 0 n e d (C - N ) Commercial for parking and a drop-off area for children coming to the proposed day care center. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. 0 ATE 0 t h i s2 ((J~ day 0 f May, 1990 . f Attorneyl8ftd Coun"'OfI , i \~ NOl'E: SEE REVISID PARKING & mrRI\NCE PLI\N ATI'~: iJ /' (!iA¡); ¿ - jJ ~ n ¡,¡f #J æ l V/~ ~ ) I"~ ; -' . J J CI-~ i1UJ r~{~ ,.t II f))t~il ~v p~ ~ U . ~ Hit) I¡þ. J Y .l -~q~. , "JJ ~V:r~" I) j) J/VJ Oþj}lY~ 1Hfl . / 1 )/vtifJ I\þtt~ 1 il~: J b O\qo d \ ¡»~ h : I AJ} VJ (JjIM II I I ¡Ii (IJ ylJP' U \<1' AMBROSE. FITZGERALD & CROOKSTON P.O. lox 0127 Merldlan,ldIIho ...2 T 8I8phOI'I8 8118-"81 - . LINDA PADÐCX:K REZONE REQUEST WI CONDITIONAL USE PERMIT FOR DAY CARE 1717 CRESTMONT DRIVE COMMENTS 1 : ADA COUNTY HIGHWAY DISTRICT: NOI'HING RECEIVED: 2: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER: WILL REQUIRE PLANS SUBMITTED FOR REVIEW ON DAY CARE CENTER: 3 : NAMPA MERIDlIAN IRRIGATION: ALL LATERALS & WASTE WAYS MUST BE PROTECTED, DRAINAGE MUST BE REI'AINED ON SITE: 4:::'_:7CITY:ENGINEER: SEE.A'ITA.eHED: 5: , POLICE DEPARTMENT: NO PROBLEMS 6 : BUILDING DEPARTMENT: NO OBJECTIONS: 7 : lillA COUNTY HIGHWAY DISTRICTS COMMENTS ATI'ACHED: 8: PUBLIC HEARING HELD APRIL 10, 1990 BEFORE THE PLANNING & ZONING COMMISSION, FINDINGS OF FACT TO BE PREPARED: 9 : PLANNING & ZONING COMMISSION APPROVED THE FINDINGS OF FACI' & CONCLUSIONS OF LAW AT MEETING HELD APRIL 23, 1990 & RECCMMENDED THAT THE CITY COUNCIL APPROVE THIS REQUEST WI CONDITIONS: (COpy OF FINDINGS ATI'ACHED: 10 : LEITER RECEIVED FROM KATHERINE CARON OWNER OF 511- 51 7 LAWNDALE OBJECTING TO THIS REQUEST: (LEITER ATI'ACHED:) - J 111 JQIINSQH JIll p...._1tBR .,.~rtAL ~: MAICH 9, 1990 . ~....... aim ~ I. I MBRIDIMI, IDAHO 83642 - .. ALmJ AIiII HEARING DATE: APRI'L 10, 1990 ' ~G & ZOO¡NG o:M-1ISSIOO - aIJD r -RA RQ( HaUŒ , , RUJBST: REZCNE WI <XJNDITI' - " SAmrA)2 y S~eR. COMeS,TIc. WA"~ : Prœsení ASS~SSMenT I :::~~.? E.íl.~ ' . FOR. D.A~ ~A~G "ESTIMAT1:.\) lASE Ct I-LO CJM./OA.'V I pelt..SoV'\ tWIB DAY CARE: ASSuME USE @?OC-WIL.t)tL&1 ~ 1..0 )(.1.; O~1t ':. ~3,0OO qM.!YrtO. ,.. . -- " 11 2~', I ~ \lltI,..., IF APPROVED, ~I ,,",VI' ': ;11000",:" b50o:zt= :: '3.~ UlV, J2.e,slo. U VlITS. ~ - - ~Rl'H PORI'IOO OF wr 2 BLOCK 2 1- MiIK"':'fERRINGl'Œ '2.. P A 11-"'-' '" 6: ( 0 rr - !;11i.1i !!T) , , TED ¡ SUB TO BE ZaIEI) C-N , ,8JCB snJART - I ( - 1 1),4'( CAItÆ PA~~'~G t..1;QUlrtEM&V\TS : One \) S'{)At.6 Rtf. J\LRE'.AOY ZcmD C-N: ALSO AI..Iai - BUIIDING DßPT: ' EAc.~ &~s 0... °T~ V~tflcL6 \<\sm 1\1'\ tMtH",T "F ~ ,c.~' - PlRI DBPl. pLIAS, IT WO~l.t> SIÆM ~ppn.dpItIATe J e,ASëO o~ ontSIt J1rLU1'Æ1) ¡ I 's PØQiIIRTIIS ~I - POLICE, Inl8lt!(M4TtO1, TO pV1.OVIOe I sp~ ,-o1C. ti.4'" 10 ST\40\iKrS " " - GAR![ SIU'DI. DI1 <:>""'" En" I. 0 \. \.!!' D . (s 'o/~ 'Î SPA c.& ~ przpvlI:>e"O - IIcw WI A... V sr A F F! ) 171 7 CRESM:NI' DRIVE IARL WARD '3 . SCot ~E n In q I S rz.e Q lA ] Tl. e1) p.>ETW ~ n Cc ~ Þ'V\'6 1t"1 At. IW\ I). ~R-1ERLY A SHELTER lI:ME - Oft AftaUID l2.ë~ \ OlE 1\TI At..: 'neY ~ UJt" me V\ïS ,."tt T\-U£ o~ - ,maT p4tt.)(J V'~ - AfVã A. AMœ, WI\L.\. 0'" plAY\íl1\G Sc..Ilèët'\ AT' l..EAt.T 4- FÍo - IBUDIMI saøv - DISmICl' 'TAU-. ' , IBUDIMI POST orPICB (PRBLIM.Ø'DIAL ,PLAT œLY~' 114-. ~qV\~W'\~ - VV\IAST 'Sf: WI - . CAJn Fof..MAY\CIS TO ()lArt, A'OOP"Æt) fir- ADA (Ø 81ft BICiIIIIAY DIS1:1UCl Aftti:' SUB. REVI EN ~FICB . ~ t'I , FO¡Æ.W\ £1 q ~ GO oe . ADA PLM81IaIG ASSOCIAUœI - ~.u. OlSltUCI IlBALW DBPl. I MMPA...fØlIDlAIi lRRIGdIŒI DISDUCT . SBft'LBØS lRRIGdIOtl DIST. lDMÐ fCItER 00. (PRBLDI.6FINAL PLAT œLY) - IDmAIN BILL (PRBLIM."uw. PLAT ONLY) - DrJBRfØJNlADI GAS (PRBLIM."INAL ~ œt.Y) - ' 1D1'B: 1'0 insure that your oon-'lt8 and r~tiOl¥l will be canaidac8d by tb8 Planning , zanini ~i ..1on or City Council, -y we have your ..... bY ASP , tilt IIIPPBR - GiWlI 1WICìSIatD 1m - IICMLD 1USIA - aat2' lIVERS - .. GI £SUR - " , I , ANY 0CI8IDlJS œ RBOO'lømftC ABCXJT BIB ReQUEST WILL BB PI SDr1'BD m 'DIE MlRIDIMI PLM8Ð All) 1Ø1IHG CDMIs.'YœI. , - I ~'4~ 3/'1. 18/ qo - , - l!"'. ,",.,-...-. r"-"l ,'.- . ,.2.'" ~:: C~,~: ¡ 'v :~: L ~. l " C11nl ~<.- r,~~,""'~'T '.'1 \ , ~ J ,';- " ", ¡,," . ,'" , i ",. " ,-., ,I C,~_.". r~ I,"""" "--'~-'-. ,j ¡ V , t: i'~ '\:~ t i~ L ~ i\ 1 . ~ .3 -9- Cfl) T . -- . ---.. - --n- . -- -- '-., .~ - ADA COU-'TV HIGHWA' DISTRICT 318 EAST 37TH STREET BOISE, IDAHO 83714 Inter-Department Correspondence To: Ada county Highway District Commission March 29, 1990 ~~ CÇ\O ~t> CARE CENTER ~) MERIDIAN - REZONE & CU 1717 CRESMONT DAY V\ (Linda Paddock, 5112 Grover, Boise ID 83705 - 344-7346) Date: From: Development Services Subject: FACTS & FINDINGS: Linda Paddock requests a rezone to C-N (Commercial) and conditional use permit to allow operation of a 45-50 child day care center in an exist- ing building. 1. 2. Cresmont Street has 55-feet of right-of-way is fully improved. (which is adequate) , and Requirements compliance. provided to Meridian Planning & Zoning as conditions for are STANDARD REQUIREMENTS: 1. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: John R. stolley, P.E. MERIDIAN.02/ZTR. 4-05-90 AMBROSE, FITZGERALD .. CROOKSTON Anomey...,d OOun..1Or8 P.O. 80. U7 MerIdian, Idaho 83842 T ~ -....e' ~~~ ø £i¿v cfJ eft; ~ di~ tied-- df' ßtj ~ fA , ~tJ £Ai) fg ØtJ¿j¿J ~ / ~() ;ttdJ lJ.¿¡) ß&: NOTICE OF HEARING ¿j c NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on May 15, 1990, for the purpose of reviewing and considering the Application of Linda Paddock for a r~zone of the north portion of Lot 2, Block 2, Ted i Sub d i v i s ion, Mer i d i an, A d a C 0 u n t y , I d a h 0, fTO m R - 4 Residential to C-N (Commercial); the south 40 feet of this parcel is already zoned C-N (Commercial). The Applicant also requests a conditional use permit for the operation of Inchworm Day Care Center at the above property which is known by the address 1 71 7 C res t m 0 n t Dr i ve, Mer i d i an, Idaho, and he a ri n g wi 11 also be held on that Application. 8 A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. DATED this 24th day of April, 1990. 11 - ,;~;;~:!~t' " \e..",n"."'i .y.,' '..4'" \,f,!!I \ ..'.11. I " . ;!' ,'; c "ik" SEVENMILE . ' ,". .',: ", JUNCTION . First ...", .':'.' ~ ;: ' ',FUUU ,\ ."8f!nch ~ .' ...,' RANCK£1111S" " FOR cotmHUATIOM OF MAP, ," SEE "EAGLE MJIIi" OM 0THEIt SIDE . >- ,'~,' ':,tk~t~.:~~7~;;;;';"\:~'~P' ~i~~,.~'1"f¡.j,'Ì. ,""" '.t ': iJ1%i'.~':~':::<;; :>:¡:j;~ 8 . 9 ~.~, . 10 12 13 . 14 . 1M ... i S¿'COI')Q" . -- MERIPIAN " HEIC;HTJ ~i~:':': b. ,>i .,~~!!,' <:'1,":' t" ' ''is FOR COM11MUATIOM This map cannoAoict lor legal purfXJ1181 ' 15 Z III .. 26=-..--.:."~= " .. ...,.:;t""-..........-' I --.--....., -..-- """,,,-..-"'='tt =. ;1:i'""...:.:.. ";::: -..-- --"'-.0- ,""""'- 8.&11.4 --- \1 ~\ ~ RD. - .,.. . () . v . w . x .RD, j<,; 1-1 ,~ .. 11\ to ... <II ~ /o~ OC), .. IU' , , ""8- .; '.lll~ ~o ,0 ,~~_'!" ~. ~~~.. 4!.~...... '!:~'.:!':.~~~~. ~:"!'t ~... ~~ ~"~..'!Þ ~ I" R. 42 12 3 1127 r¡ 5 6 Ii 0 MERIC II 5 4 17 3' 10 2 s--. I: r\" ,. j " 9 - " --.J ~ ~~ II ..c:; .+- 0 12 - 13 - 14 ,;» '<I "', " )< , ' . ,I. I - ,- , , , \ BRADY-TINGY c:J.\ MEDICAL BLDG. " -. _c..-- +' .. . .',' '..'.' .~ ,: I~'. ; . .,:..",,: , , ." ;" ,.," "7"." , " , .. '. ,.,:,}Aû;{~ ,. ,.:. ¿,e¡PF '- .. . ^, ',':.~-, .. -;. :,'_::~:,~:BfCÜj:;"-.~~~i~{,:',.:~1., -; ,~:.;.~~:~C'-~:, :. ,~::~~~':~j , --, - ...,.--.' ,"'-- ,,' ADA COU~TV HIGHWA~ DISTRICT 318 EAST 37TH STREET BOISE, IDAHO 8371& To: From: Subject: Inter-Department Correspondence Ada county Highway District Commission March 29, 1990 (J\~ y\ 0 ~ ~~ DAY CARE CENTER X - 344-7346) Date: Development Services MERIDIAN - REZONE & CU 1717 CRESMONT (Linda Paddock, 5112 Grover, Boise ID 83705 FACTS & FINDINGS: Linda Paddock requests a rezone to C-N (Commercial) and conditional use permit to allow operation of a 45-50 child day care center in an exist- ing building- 1. 2. Cresmont Street has 55-feet of right-of-way is fully improved. (which adequate) , is and Requirements compliance. provided to Meridian Planning & Zoning as conditions for are STANDARD REQUIREMENTS: A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way- Contact Quality Control at 345-7667 (with zoning file number) for details. L STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: John R. stolley, P.E. MERIDIAN.O2/ZTR. 4-05-90 1. 2. 3. 4. 5. 6. 7. J 8. P=- 9. Þ 10. 11. 12.~ 13. e 8 CENTRAL DISTRICT HEALTII DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEHI SHEET Rezone # CDnditional Use # ~ (!Aj1.L.. r!...~ Prelimli~y!FinaljShort PIa Tea, SvhtJ1 u/ SI ð71 Return to: I3cÜse - Eagle ----¥- Meridian Kuna AŒ We have no objections to this propoSäJ. We re:::cmænd denial of this propos:)]. Specific knowledge as to the exact type of use nllist be provided before \~ can ccmænt on this propoS3.l. . We will require rrore data concerning soil conditions on this propoS3.1 before we can ccmœnt. We will require more data concerning the depth of (high seasonal ground wa LeC" ) (so lid lava) frem original grade before we can ccmœnt concerning individual sewage dispoS3.1. We can approve this propoS3.1 for individual sewage dispoS3.1 to be located (2,4) feet above solid lava layers. We can approve this proporu for: ~ntral sewage ----,Interim sewage _Individual sewage - v.:mTl\Jl1ity sewage system and ÁCentral water _Individual water - Cœmunity water well. Plans for ~Central sewage _Cœmunity sewage systEm _Sewage dry lines, and 2(Central water _Camn..mity water must be sul::mitted to and approved by the Regional Health and Welfare Environmental Services Field Office. Street rmoff is not to create a rrosquito breeding problEm. This dep3TtJnent would recœmend deferral lliltil high seasonal grOlmd water can he determined if other considerations indicate approval. If restrocm facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be su!Jnitted for a plan review f~frYyJ P91--;c,h- i C;h;:J) (beverage establishrnent)(&wimning pools or spas)(grocery store). D ~ C-e-,yl-k~ n.~~ Reviewed by 3-¡~-90 rete - - J III JOHNSCII1 JIM SWu.Ræ .. ALmJANI Qi&Dr.R~ RaJN1RBB 2B.MIIIl'ftAL ~: MARCH 9 1 19 9 0 , IBUDIMI PUDUtG MI) w.;q:tG 33 I. IDAHO I MBRIDIAN, IDAHO 83642 HEARING DATE: APR1L 10, 1990 ' PLANNING & ZONrNG cx:MMISSION , ~JBSl: REZONE WI CONDITIONAL u~.t: l"~'l' , '., FOR:LrnDA PADOCCK: INCHWJRM NAME DAY CARE: \iltIÇá, Ii' APfaOVED, CXXJLD ALLO NpRI'H PORl'ION OF wr 2 BICCK 2 TED;I SUB TO BE ZONED C-N "T'HF'. sorrrr.:¡ 40 FRFIT' OF THIS rm ALREAr)Y ZONED C-N: ALSO ALIaV lit DAY C~ £ENTER TIM HEPPER QWll IWIìSI'œD IOW.D mLSIA , ' R E !". :,', \. \} E D I."&~~-~". I 'I' 1 ß "" to' 1\.r~ " ~,." P ) .~ I ~ \ ~ \1,0\1,11.1 t \~ LI}\t\~ \ ì BfBl KmRS BOB GIi'.SL!a I ..- MAJr .:'iERRJ:NGlCN -- BROCE SDJART 1 - BUIIDING ~:"". 'DB D£Pl. POLICE GARV SMI'DI , BNI t:NRRD 8- " tDŒ: 1 I " TIll PØQPBR'ft IS LOCA1S1 , , II I I 1717 ~ DRIVE &ARL WARD Clift AT'lœNØ JlBlUDlAN SCHOOL DISDUCT' IIBIW>1AN iœT OWICB (PRBLIM.Ø'DlALr,paT'Ota:Y~" !I ADi (X)UNft HlGIIMX DIS'BUCT AftN:' SUB. REVIBW OFFICE . I . ADA PLANNlt«ì ASBOeIATIGti ,. CRIfØW. DISmICT ilBALW DBP'1'. tWlPA-fIBRlDL\N IRRlGATIOH DISIRICT , SB"1"1'LBBS IRRlGATIOH DIST. IIWÐ FQrÆR 00. (PRELIM.Ø'INAL PUT ONLY) IDJNVJN BBLL (PRBLIM.Ø'nw. PLAT ONLY) ~ GAS ( PRELIM. ¡PINAL ~LA'r' œt,Y) To insure that unnr ~ta and recoaøendatiorw will be 6-- , , ccnaidered by the Planning , Zcniog ~..1'?ß or Çity Council, -y W8 have your: .... bY ASP '. FOFMERLY A SHELTER HCME " At« CC1IIIDllS œ ~œ ABCX1l 'DIIS. REQ:Jli'81I WILL BB PRB SDUBD TO mE MBRIDIAN PLANNltiI AND ZOHIHG CDIMISSIOH. '",., , '.' catMBN1S AlII) RB<X»IMBNDATIONS : DAm: 22 Harch 1990 I, All laterals and waste ,,¡o~ys must be protected. All municipal surface drainage must be retained on site. Developer must comply to Idah~ Code 3]-3805. /j¿;Ü/~ ~ill Henson, Foreman Nampa & Meridian Irrigation Distr~ct 11,11 "." .:'.: J III JOHNSCH JIll SHe.&RBR .. ALmJ ANI OIAPr.R~ IOJNŒBB ".~'DAL ~: MARCH .9, 1990 , IBtIDIMI PL.....u.; MID 7ftIT..-.. 'Dï:'"'"'rDAil) I MBRIDlAN, IDAII) 83642 - HEARING DATE: APRrL 10, 1990 ' P~ING & ZON¡NG CŒ1MISSION BBR1' lIVERS B:* GIESLER , , RIUJBS~: REZONE wI CONDITIONAL Utit; .l:'J:;t(M.l.'l' , ., , rœ:LINDA PADOOCK: INCffi\ORM NAMB DAY CARE: ""Içá, IF APPROVED, OOULD ALLOI ~RI'H PORrION OF LOT 2 BLCCK 2 1 TED;I SUB 'IQ' BE ZONED C-N , THR SOI'm:I' 4° FRR'T' OF THIS wr ALREAQY ZONED C-N: ALSO ALlD'J A.- DAY CARE -..cENTER TIll HEPPER GIWlJ: 1WIGSIœD RO8W.D mISIA , . - ~ MAK' . YERRINGIœ .. 8RIXZ S'DJAIa , - I BUIIDING ~: PIRI D£Pl. iU.ICB (aU SMI'1B , EU GNBBR I I , I" '1'IIB PØDPIIRft IS LOCM'II)I , , . 1 717 Cm:sM::Nr DRIVE II ~. l &ARL WARD CI n A TmRNBY MBRIDIAH ~ DJSDUCl' , JBW)L\H lœ'r OPrICB (PRBLIM.iaPINAL ,PLAT ONLY)' II ADA aDl1Y BlGIIMX OISltUCT AT'lti:' SUB. REVI. OPFICB - ' I' 81- ADA PLA8lItIG ASSOCIATION CDrØl.\L OIS'DUCl BBALDI D£Pl. I tlMPA-tIERIDIAN IRRIQTIOtI DIS'l'RICl , S&'r1'LBØS IREUGATIOtI DISl. IDUIO ParER 00. (FRELIM.ü'INAL PLAT ONLY) IIJIIflAIN BBLL (PRBLIM.Unw. P~ ONLY) IlfiPJØmAIai GAS (PRBLIM.Unw. ~ CH,y) l tD!B: 1'0 inaure that your ~ and r~tioryJ will be ", conaider8d by the PlanninIJ , Zoning ~i 88i~ or ç:ity / Council, ..y we have yeW: ~ bY ASP , 1 FORMERLY A SHELTER Ha.1E " , ANr 00MIIBtllS œ ~Qi ABOt11' WIS lUQJBS1' WILL BB PRE S8NIBD m 'BIB MBRIDIADI PLANNIti AtI) zœDIG 0CHIISS1C»i. . /h :OHS: ì . JIM~ Jill ~£.&B£R ICE ALmJ ANI OIAPr.R~ BfJUtII'ŒEB , ~a-u~ ~: MARCH 9 L 1990 , IIRUDIMI PLUM" All) ~t«; 33 B. IDAHO I MBRIDIAN, IDAHO 83642 HEARING DATE: APRrL 10, 1990 ' P~G & ZŒJ¡NG ca.1MISSION BERT' MYE"BS BOB GIESLER " RQJBS1': REZONE wI CONDITIONAL u~t: Pt:.HM.L'l' 1 . , . Fœ:r..rnDA PADOCCK: JNClW)RM NMB DAy CARE: ~IçH, IF APPØOVBD, (DJLD ALLa NPRrH PORI'ION OF rm 2 BI.DCK 2 Till HEPPER CJWrr 1WIGSFœD iØW.D 'Ja.sMA ,I - A-- MAJr. :'iERRINGI'ON ". IiWC& a"l\JART , 1 TED;I: SUB 'ro' BE ZONED C-N '['IIT,: not 11'1 I 4n l1'r<:¡'u'--.OJ!' 'l'lI.IL: liJ.l' - ALREAQY ZONED C-N: AlSO AI..IaV lILDAY CARE CENTER 1 - BUIIDING~: praa Q£Pl. POLICE GAD SMI m , BHI t:NRRR I I . ; " ' 'l'IIB PØOPBRft IS LOC.U'G)a . " 1 1717 CRESMJNT DRIVE II ;8~ IARL WARD CIft AT'1œNBY JIBR.1DIMI sœoo¡, DIS'DUCT' : IIBRIDIAH EœT OWICB (PRELIM.Ø'INAL ,PLAT ONLY) II AD& caJN1'r BIcaiAY DIS'ltUCT ATm:' SUB. REVIDII OFFICE , I " ADA PLA8lIHG ASSOCIA'1'Iœ 1 FÚRMERLY A SHELTER HCME I' AN1C CDtIIIDllS OR RI!'.CQ8IBNDA'1'Iœ ABOU'1' tHIS RIQIJBST WILL BE pas SBN'1'BD m ftB MBRIDIAN PLAltiIH MI) ZOtIING OOI81ISSIOH. CDlØW. OlSDUCT tlBALDi DBPl'. alMPA-tlmUDIAH IRRIGATION DIS'BUCT SB'1"1't..œS IRRIGA%IC»I DIST. IDAiIO PCWm 00. (PRELIM. Ø'INAL PLAT ONLY) fIUllAIN BBLL (PRBLIM.Ø'1NAL PLA'1' CH.Y) Dr1ERIIXJNlAIH GAS (PRELlM.Ø'INAL ~LA'1' ~Y) aDŒ: 1'0 insure that your ~ta and r~nàatiOO:' will be I CQIUIid8ced by the Planning & ZOning ~;..lon or ç:ity '. Council, ..y we have your ~ by' ASP '. 00MMBN'1'S AND ~IONS: DA'Œ: '3~2 - tfO ~ ~UJ~ " ] ~ ~IDIAN PLANNING & ZONING, 8 APRIL 10, 1990 PAGE #3 . Johnson: Anyone else from the public that wishes to comment? the Public Hearing is closed. Being no response The Motion was made by Alidjani and seconded by Hepper to have the City Attorney prepare Findings of Fact & Conclusions of Law on this request by Shirley Person. Motion Carried: All Yea: The Motion was made by Rountree and seconded by Alidjani to have the recornnendation for approval be prepared and the approval conditioned" on resolution of setback requirements and paving. ' Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: ,REZONE REQUEST W/CONDITIONAL USE PERMIT BY LINDA PADDOCK: Johnson: I will now open the Public Hearing, is -there anyonELpresept--u\Vhq wishes to offer corrrnents, if so ¡;Ùeasen-ëome forWard and be sworn. George O'Connor, 1819 Ctestmonti was sworn by the attorney: - - ,- " O'Connor: I have been a resident at the corner of Crestmont and Lawndale Drive for about 10 years and a homeowner there for 3!-¿ years. I like the quiet and peaceful neighborhood there. I am right now concerned about the additional traffic. The traffic on Cherry Lane will only inçr~~se as_cCommercially utilized and more residential homes are being built. "---;---' " -", - " - ---- " , Shearer: This has a fully fEmcEKfyard with- a- lockëd gacè -and so on. home prior. It was a shelter O'Connor: I would imagine that a Day'Care is going to require a lot more traffic than a Nursing Home. I am concerned about the traffic flow. Johnson: Is there a representative from the applicant that would like to testify? Guy Walker, 2555 Misty,-wé;iS swornbythf:o- ~t~o~l1eyo!.__c__' , ,- ,-, -... 'u- - - - ,u, - - , - - - - u- ,- Walker: I am representi~~,~indaPaddock, she has respectfully requested a rezone for the lot that she is purchasing.-The south half of that lot is already zoned commercial and she is requesting th~Ltþe north side, ofthë!.t, same lot J)~..: z:oned commercial. She is also requesting a Conditïonal Use- Permit - at- the särnetiiné~ I'd like to address a few concerns that the Cityu had. _-The,Ç;lt'y:_-Engine_~r "h~.s¡ ¡q.~!ie- ß.n _~êJ:i..F1at~ which we certainly respect his estimation, regarding -the-water-u-s-ageon--this pardèula'r' pr-òperty. We'd like you to take into c_on$ip.erat~on o,~r"es.t_i~a te and some__()f the ~~~~asons -'cwq~c ~_e~<l;ye- come up with these estimates.,'u_s~t::_h_}is there wi,llbé no baihing'-of tnecò.ildreir or -wash::i.n-g " - of any laundry at this fä£ilìì:y .--=-~--'-We- f~e,i.'likewe--woûld iiJ{e-- t9:.-_Qp,ye ,_=¡ome .cc)~sider~tion given to the estimate ol--Ztr~~aL- pe_r~ç]li]A.. A1).othe'i ~issue'-on scre'en:Lng--andfençing- - " we are certainly williri~_-_t_~--~_~~pIÿ-~on--that;. issue.-We--~:iJ.J-_-~r:Ov_i9._ë,i~jJn-~g1ìa_, .. ,- - -' .', detailed drawing of the. proposed signp-rror--fothe issue of theConditiônäl _Us-e Permit;- On parking, in answer t!J_~(Hir question. there will be one-,-v_~n and f~ve employees including the owner Linda Paddock~-uwe--Sl1QJ.1l_d- -have adeq\la~e __p_a}:Jtii}~ ~vß.::i.,lah~~-. _Regar_din,g - ,:- u the issue of traffic. I "have- b~en iri~"9).ved _:t!l, otJ:¡er _Day __ç~ie _Ç~n~~rs PF}-o-r to this one and also having my o"wn cbTTd. -.!it-"j:i-'D-ay care,~-We -hav({~ï6uricrfl:lat- tñ~=_þ~l]t_()l-the-~ - - traffic is going to be arriving at___thai.'j:iai~Care -eärly in the morning anywhere from 7 :'00 .. ~ MERIDIAN PLANNING & ZONING 4IÞ APRIL 10, 1990 PAGE 114 8 A.M. to 8:30 A.M. at the latest in the mornings, then there will be no traffic basically for the rest of the day, the only other traffic will be the bus taking children to and from school so we are talking one van. The traffic at night will mostly be coming in after 5:00 P.M. picking up there children it does space out, I don't feel this will be a problem. I feel that this is an ideal location to have a Day Care, it's not deep into the Residential Area. We will be fencing the yard with a fence that is solid, 6 ft. tall so that it does create buffers for the neighbors around. Johnson: Anyone from the Commission have any questions for Mr. Walker? Rountree: Do you propose any change in the parking lot or circulation in or about the facility to accomodate better traffic movement? Walker: We could certainly address some parking that would be designated specifically for c1ientel, so that they could pull in to pick up their children. That particular area there is no trees or þep.ges to prevent:__good vis_ion_both up and down the ,st.r.eet. Rountree: Your application states there will be anywhere from 40 to 50 children babysat at the sight and you also indicated that most of the traffic is generated in the early morning pressumably during the going to work time. What's going to happen when 40 or 50 parents show up in a 15 to 25 minute range at the same time. Walker: Not each person is just going to have one child go there. The average is going to end up being-_around thirty: cars:, these thirty -cars- are going to spread oUt over a 30 or 45 minute period which is normal. The parents are there maybe two minutes when picking up their child. Consequently we find that you are going to have maybe at the maximum three orfour cars there at the same time. The-staff is-only_going to have two parking spots taken. A circular could be achieved, but then you would only have three parking spaces that would be for the staff and for the van. - ---..- -, -, Crookston: Is this a_-£tate- Lice.nsedDay-Lar-e?- Walker: She will be, yes. Crookston: Are there any-subdivision covenant-s--that apply~to -this~- Walker: No. m____---_"""'--" ".---- _m__"------ ---,--",,-"------'-_.. ....,--_.. _u -.., -" ',---" --_n___""--'-- ,,_.. -- ' ..,-, ,- - ----" --..---- , Johnson: Anyone else present to testify. u"", -'r-n Joan Rath, 631 Lawndale, was sworn by the attorney. - - , ..,..-- Rath: I feel that is a very poor spot to put a Day Care Facility. I think that Meridian needs a Day Care,-Ç_enter-but'" -that;'-s not the pl-ac-e-,-{'1:)-r -it ~-=--'I'here is a tremendous amount of kids going to and from that CircleK. Store. There is a bus stop just one house--down _fromthiswher-e kids -wait~. :T-bere -i-aB.- ,u-ear.. accident-- every morning and evening from cars pulling out from the Circle K. onto that street. Are all these cars loo~!t;lg fQr those kids__wai_ting _at_utIle ,bus ,stop Qr_w.alking -to and from that store. The yard area is not that big, I can't imagine how that many kids are going to go out and- 'PJ..~y. _From:_:where- we .,liy~t1:ler~, .is_-Þl9t ,pf-._noise _.tnat--c.ome,s " from Cherry Lane, I caI1,- ima'ßi1'l.e,~-'RI1~t~k~!l-c:l--Qf noise increase we are going to get with a bunch of kids outside. I have to wonder if our property value is going to be worth that much with that much nois-e~' 8 8 MERIDIAN PLANNING & ZONING APRIL 10. 1990 PAGE 115 A1idjani: Exactly how far away are you from this Shelter Home: Rath: We are three houses down on Lawridale. Johnson: Anyone else present who wishes to testify? Jerry Mortinson, 4045 Green Meadows Drive, was sworn by the Attorney. Mortinson: I have an Insurance Agency right next door to this location. I feel that the traffic has never been a problem to -me. I have been there about 10 years and I arrive at work anywhere from 7:30 to 8:15 A.M. This is aCoIIl1Dercial Site. I think it would be a great addition and I would like to see it receive the Use Permit and the Zoning. ' > ¡' - ,-- ..un,- Rountree: Do you access your property off of Cherry Lane or off of Crestmont? Mortinson: Off of Crestmont. Crookston: Are there irrigation facilities on your lot or on the subject property? Mortinson: No. Johnson: Hearing. Anyone else from the Public? Being no response, I will close the Public Incidentally, Item #9 has been cancelled. Rountree: sight. It seems to me that there is not sufficient parking right now at this Johnson: It's large enough to put two vehicles end to end and not be out in the street. Perhaps with some redesign or restriping they- could more efficiently use that. Shearer: It would be all opportunity-:to:-keep- a building from not setting empty and I think everytime we have a Day Care Center come up that there is opposition. I think that building is-well suited -for--=what- _they ~planning . - --_:-:, -..:' -- - ,:- ,---- - .., ,.. .. ....---- .. -, ..u_- ,-_.. _m__..__- , The Motion was made by Shearer and seconded by Alidjani to have the Attorney to prepare the Findings of Fact &ConclusioßSo~,:'Law.3Jf1,cthis_-pro3ect.-,-- - --,c.:::----c_-:-::-,---- --:' .._-"- --~' --" ---.. ...." - ---"....,--- .. -, --" -- , , , ' --..,--,---,-,_..--- ,....... ,---",------ -..----,', ,- -..--- ..--.. Motion Carried: All Yea:: "--- - - ' - ...'.. - -'-"----"",,-- ...~'..... '--,- -,-,_,_--.m , - u- ..,- , , -.. ,---,.. ....'-' ~ ,,:'., '--, -- ..--,------ .._~..','--- --- ------.. -------" "-"..':....=--'c""'~:":_:, ..",-,,'-c-':.-'=:,-C::_:_-"'~'~'-~;'" -,- ,-..- - ' Johnson: Is there a reeomnenda-t-ion -for the,,-Council:..:.,,"- ;',,'--..-c.:- "'-"':"-::" ,:~,,_:-C;-" ',:CC-CO_'u_:":'=-::_::" '.:--'--,----'-'-'~--, un - ......- .... .. --- , -- ..------ --------..- .. -- -P'" L .."" " --.... -,,- '" ",-,--,-'" Hepper: I would like to see a redesign of the parking lot before we pass on a recommendation. ,..",', ','; ",- "",~-,::C"::"-'U-'-..,c,":'-,, '.. - ,""" .. , , Johnson: At this point ~therewill be no recommendation "'fiIãde tc---the'-Council.- "'- , , ITEM #4: PUBLIC HEARING: REZONE REQUEST BY SHARON OLSON: JOhnson: Is there a reprèsentät'ive present-who-would like to testify. open the Public Hearing. I will now , --,--_.... Sharon Olsen, 807 E. Washington, Boise, was sworn by the Attorney: 8 8 MERIDIAN PLANNrnG & ZONING APRIL 23, 1990 Special Meeting of the ~idian Planning & Zoning CCmnission called to order by Chainnan Jim Johnson at 7:30 p.m. Ma'I1bers Present: Mae Alidjani, Jim Shearer, Tim Hepper: Ma'I1bers Absent: Char lie Rountree: Others Present: Guy Walker, Linda Paddock, Ward Sinsel, George 0' Connor, Wayne Crookston: Chahman Johnson: The Meeting is officially open we have several items, Findings of Fact and Conclusions of Law: Item #1: Findings of Fact & COnclusions of law on application of Shirley Persons for a Conditional Use PeI:mi t : Chahman Johnson: You have all read this document, are there any questions of the Cœmission? 'Ihere were none. 'Ihe Motion was made by Alidjani and seconded by Shearer:.that the Meridian Planning & Zoning CCmnission hereby adopts and approves the Findings of Fact & Conclusions as prepared by the City Attorney: Motion Carried: Roll Call Vote: Hepper, Yea: Shearer, Yea: Alidjani, Yea: The Motion was made by Alidjani & Seconded by Shearer that the Meridian Planning & Zoning Cœmission hereby reccmnends to the City COuncil of the City of Meridian that they approve the COnditional Use Penni t requested by the Applicant for the property described in the application, subject to the conditions.stated herein. Motion Carried: All Yea: Item #2: Findings of Fact & Conclusions of law on Rezone & Conditional Use Pexmit for Linda Paddock : Chainnan Johnson: You have all read the Findings, are there any questions or ecmnents? There was no resp:mse: The Motion was made by Shearer & seconded by Hepper that the Meridian Planning & Zoning CCmnission hereby adopts & approves the Findings of Fact & Conclusions as prepared : Motion Carried: Roll Call Vote: Hepper, Yea: Shearer, Yea: Alidjani, Yea: 'Ihe Motion was made by Shearer & seconded by Hepper that the Meridian Planning & Zoning Carmission hereby recœmends to the City Council of the City of Meridian that they approve the Rezone & the COnditional Use Penni t requesteé!by the Applicant for the property describe in the application with the conditions set forth in the Findings of Fact & COnclusions of law & that the property be required to meet the water & sewer requireœnts, the fire & life safety codes, the Unifonn Building Code, & other Ordinances of the City of Meridian; Additionally it is recarmended that the Applicant be required to redesign the parking lot and provide proof that the use of the property does not violate covenants of the su1:xli vision or any deed restrictions applicable to the property..The Conditional Use should be subject to annual review upon Motion by the City. Motion Carried: All Yea: , <! . 8 MERIDIAN CITY COUNCIL JULY 17, 1990 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 p.m.: Members Present: Ronald Tolsma, Bob Giesler, Max Yerrington~ Members Absent: Bert Myers: Others Present: Dan Mabe, Brent L. Barham, Kevin Robertson, Brent & Gwen Alger, D'Arlene Stutzman, Paul Moroz, Robert Corrie, Gary Smith, Jack Smith, Bill Swartz, Ann Peterson, Alice Culver, Max Boesiger, Joe Haynes, Marty- Valley News: The Motion was made by Tolsma and seconded by Yerrington that the Minutes of the previous meeting held July 3, 1990 be approved as written: Motion Carried: All Yea: ITEM U: REPRESENTATIVE FROM THE MERIDIAN SCHOOL DISTRICT: Dan Mabe: This evening I would like to give you an executive summary of the school district's situation as the board deliberates towards having a bond issue this fall. Talked about overcrowding in schools. Our plan right now is to build two schools, one at the site on Chateau and the other one that we'll have to find a site for would be in the eastern part of the District in the area of Joplin. Spoke of a proposed auditorium which would also serve as a civic center. It's primary function would be educational. Would like any feedback you might have concerning this. Your support and input is critical on this issue. Giesler: What was the seating capacity of the old auditorium? Mabe : It was over 1,000 but I'm not sure if it's 1,200. Kingsford: I certainly commend the District for considering that auditorium, I think that's an essential ingredient for us in Meridian. ITEM #2: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REZONE REQUEST W/CONDITIONAL USE PERMIT BY LINDA PADDOCK: Yarrington: I have one comment, my name on the last page is wrong. The Motion was made by Tolsma and seconded by Giesler to approve the Findings of Fact and Conclusions of Law. Roll Call Vote: Tolsma - Yea; Gielser - Yea: Yerrington - Yea: Myers: Absent: Motion Carried: All Yea: The Motion was made by Giesler and seconded by Yerrington to approve the rezone and' conditional request by Linda Paddock. Motion Carried: All Yea: , ,.. . 8 MERIDIAN CITY COUNCIL JULY 17, 1990 PAGE #2 ITEM #3: ORDINANCE #538: ORDINANCE REZONING THE OORTH PORTION OF LOT 2 BLOCK #2 TEDI SUBDIVISION REQUESTED BY LINDA PADro:K: (THIS CONTINGENT UPON CITY COUNCIL APPROVAL OF ITEM #2) Kingsford: AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS ALL THAT PORTION OF LOT 2, BLOCK 2, TEDI SUBDIVISION N:)RTH OF THE w:xJTHERLY 40.00 FEET OF LOT 2, BLOCK 2, TEDI SUBDIVISION, MERIDIAN, ADA COUNTY, IDAHO, AND ALSO KNJWN BY THE ADDRESS 1717 CRESTMONT DRIVE, MERIDIAN, IDAHO: AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public who would like Ordinance #538 read in its entirety? There was no response. The Motion was made by Tolsma and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 538 by passed and approved. Roll Call Vote: Yerrington - Yea: Giesler - Yea: Tolsma - Yea: Motion Carried: All Yea: ITEM #4: ORDINANCE #537: ORDINANCE AMENDING THE MERIDIAN COMPREHENSIVE PLAN: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2-1102 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND BY SAID AMENDMENT ADOPTING THE 1990 AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF MERIDIAN WHICH AMENDMENTS CHANGE THE COMMUNITY URBAN SERVICE PLANNING BOUNDARY, CHANGE THE MERIDIAN POLICY DIAGRAM TO OONFORM TO THE CHANGE IN THE URBAN SERVICE PLANNING AREA BOUNDARY, MAKE TEXT CHANGES TO CORRECT TYPOGRAPHICAL ERRORS AND REMOVE REFERENCES TO A REGIONAL SHOPPING CENTER AT 1-84 AND MERIDIAN ROAD, REMOVE THE PREVIOUSLY PLANNED FRONTAGES ROADS ALONG 1-84, CHANGE THE POLICY DEALING WITH DEVELOPMENT INSIDE AND OOTSIDE THE URBAN SERVICE PLANNING AREA OCJUNDARY PARTICULARY RELATING TO FIVE ACRE TRACTS, REOOGNIZE THAT SOME OF THE GOALS AND POLICIES OF THE ORIGINAL PLAN ADOPTED IN 1978 HAVE BEEN ACHIEVED, CHANGE THE POLICY RELATING TO COMMERCIAL DEVELOPMENT AT MORE THAN ONE CORNER OF AN INTERSECTION, AND RECOGNIZE THAT IT IS UNLIKELY THAT BRANCH OFFICES OF THE COUNTY LAW ENFORCEMENT AND COURTS WILL BE LOCATED IN MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public who wishes to have Ordinance #537 read in its entirety? There was no response. The Motion was made by Tolsma and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 537 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea: Tolsma - Yea; Motion Carried: All Yea: ITEM #5: REZONE REQUEST BY MAX BOESIGER, Iæ.: TABLED AT LAST MEETING: Kingsford: Is there any discussion on the Findings that have been prepared. The Motion was made by Giesler and seconded by Tolsma to approve of the Findings of Fact and Conclusions of Law for Max Boesiger rezone. Roll Call Vote: Yerrington - Yea; Giesler - Yea: Tolsma - Yea: Motion Carried: All Yea: 8 . MERIDIAN CITY COUNCIL JULY 3,1990 Regular Meeting of the Meridian City COuncil called to order by Mayor Grant Kingsford at 7:30 p.m.: Manbers Present: Ron Tolsma, Bert Myers, Bob Giesler, Max Yerrington: Others Present-:---GeorgeO 'COnnor, -Kim paddock-Vail, Jerry Br'a..'ne";--NaclineuMiller, Roy Johnson, Pat Tealy, Guy Walker, Gary Smith, Jack Smith, Bill Gordon, Wayne Crookston, The Þbtion was made by Tolsma and seconded by Myers to approve the Minutes of the previous Meeting held June 19, 1990 as written: MJLion-CCUL.ieù: All Yect: _---.n______-------_W- ----,-, ---~--_..- The M:Jtion was made by Myers & seconded by Tolsma to approve the Minutes of the Special Meeting held June 26, 1990 as written: M:Jtion Carried: All Yea: Item #1: Public Hearing: Rezone Request WI COnditional Use Pennit for Day Care by Linda Paddock: Mayor Kingsford: At the last Hearing, I stepped dcMn fran participating in this Request, do to the possible COnflict of Interest caning fran the close proxiroi ty that I live where this property is located, I think I had better do this again, at this t:iJœ I will turn the meeting over to Ron 'lblsma, the COuncil President, to conduct this Public Hearing: COuncil President Tolsma, at this time I will open the Public Hearing, is there anyone in the audience who wishes to offer testircony on this request? Jerry Browne, 1728 Cresmont, Browne was SWOD1 by the City Attorney: Browne: My wife has lived at this location very close to the proposed day care, she has lived there for approximately 10 years and I have lived there for approximately eight years, we opposed the proposed request, we do not see where this use would increase our property values, we speculate it would decrease the value, we have conceD1S aOOut the increase traffic, there is already a parking problan, several banes in the area are single car garages we think this would add to the parking problEm, we feel there would be increased noise. I am op¡;osed to the conditional Use Penni t: COuncil President Tolsma: We did have one letter fran Mrs. Caron that is in opfXJsiton to this request that needs entered into the record: Is there anyone else who wishes to testify? Guy Walker, 2555 Misty Drive and I am representing Linda Paddock, she is sick this evening, Walker was sworn by the City AttoD1ey: Walker: I appreciate being able to address the COuncil again on this issue and I hope you have in front of you the revised prolX'sal that we have, we have certainly taken into account the neighl:x>rs desires regarding traffic, congestion & noise and as I mentioned last time we were extraneI y conceD1ed ab:>ut this and have a desire to be respective to the neighl:x>rhood and the neighOOrs because they are going to be part of our business and recam\endations for the business so it is important to Linda that we have the MERIDIAN CITY COUNCIL JULY 3,1990 PAGE # 2 8 e ~" cooperative of the neighbors and we are certainly willing to listen to any of the imput they have and adhere to it if at all possible. We also took into consideration the cœrnents fran the last hearing as well as the ccmnents iran the COuncil and as you can see by our new proFOsal we went ahead and were fortunate that Mr. furtensen had that property right beside him that was available and we were able to work sanething out at an additional expense to Linda to put sane additional parking in and to alleviate we feel the traffic congestion, as you can see on the new prop:::>sal the parking for the clientele will d:iæ--ii1 off of CherryIiliie-fiOO'~-tlûswill-keep--all the traffic off of Crestm:mt. We have also increased sane of the play area in the new proposal, we are alsc guided by the State Licensing as to how much play area and what it will be like as well as the structure itself. The structure will dictate heM many children she can have, according to the square footage. On Crestm:mt as you can see we have only the employee parking which consists of seven parking spaces. As to the fencing and so forth around that facility, we \lK)uld certainly take any reccmnendation fraIl the Council, our plans are to put s J..X -root-Wö<Xr-rencîn----gœeween-illr-àfiâ--'Ehè-'ã<!jà-cent-property-owners-;--There- "-wí:tl-be -----"- ..~---"---- a six foot fence and there could be sane other tyPes of sound barriers, whether it be types of greenery, types of landscaping that could be put inside the fencing to help cushion the sound. With the entrance on Cherry Lane, I do not think you will even knc:M that is a Day Care fran Crestm::mt with the entrance & signage on Cherry Lane, I feel you would think it was almost a hone, I do not think this is going to take anyones value away, in fact if sanething doesn't get happening there and the weeds continue to grow and the structure continues to deteriate we are going to be talking about devaluation of peoples property. We think this would be an addition to the City, the City is in need of Day Cares and the children will be well supervised and they will be preparing them for schooling. Giesler: According to your new proposal, it looks like the entrance will be changErl, is that correct? They will be entering fran the parking lot rather than the Cresbront side. They will not be able to enter fran the CrestmJnt side. Walker: That is absolutely correct. George O'COnnor, 1819 CrestIront Drive, O'COnnor was SWOD1 by the City Attorney: 0' COnnor: Mrs. - Rath was unable to attend this evening, so I am expressing sane sentiments for her as well, sane side notes here we felt that this was unfortunate that this was on July 3rd and difficult for sane people to get doon here, several people in the neighborhood are still concerned about decreased property value, myself included" even if it is to a minor extent, we are still conceD1ed about traffic even on Cherry Lane, there may becane a need to restrict East turns out of the parking area, we are conceD1ed about noise, particularly the neighbors very close, sane of the suggestion that sane of the neighbors had if this does go through is that along the property lines at least a solid six foot fence and sane shubbery for sound proofing. COuncil President Tolsma: Anyone else fran the audience wish to offer testlioc>ny? There was no reslX'nse, the Public Hearing was closed. City Attorney: I think we are going to need new Findings for the new testlioc>ny and the new ProFOsal that has been sul:mitted: The Motion was made by Giesler and seconded by Yerrington to have the City Attorney prepare new Findings on the Rezone request w/Conditional Use Pennit for Linda Paddock: M:Jtion Carried: All Yea: Mayor Kingsford returned to the pcx:lium: