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HomeMy WebLinkAboutNovember 7, 2002Meridian Planning and Zoning November 7, 2002 Page 2 of 84 Mathes: I'll second that. Borup: Motion and second. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Public Hearing: CUP 02-030 Request for a Conditional Use Permit to care for one to two additional children after school in an existing family home daycare in an R-8 zone for Christina Floyd by Christina Floyd - 567 East Brown Bear Street: Borup: Thank you. I'd like to begin Item Number 4, Public Hearing CUP 02-030, a request for a Conditional Use Permit to care for one to two additional children in an existing family home day-care for Christina Floyd at 576 East Brown Bear. I'd like to open this Public Hearing at this time and start with the staff report. Siddoway: Thank you, Mr. Chairman. Christina Floyd was before this board earlier this year. Actually, she currently has an approved Accessory Use Permit for an in-home family day-care that allows for up to five children. She, then, earlier this year applied for a Conditional Use Permit, thinking that her own children counted against her, which was our practice up until then. When she got to Council with that application, it was -- Council made a determination that her own children did not count towards that five, but she is now wishing to add on some more children. The next step that the city has allows six to 12 children as a Conditional Use Permit in the R-8 zone. Her home is located on East Brown Bear Street in an R-8 zone. You can see the location of that on the -- on the board outlined in black. This is an aerial photo of the property zoomed in. You can see the surrounding properties, the relatively undeveloped property behind it, and this is the site plan. Basically a residential lot. The house. The driveway with parking that they have proposed for their parking on this site and the yard areas. I believe that's all I have on that one. Yes. You should have a staff report from David McKinnon and Bruce Freckleton, dated October 17~'. I don't know if there are any specific issues I need to bring up from that staff report. Staff does recommend approval of this application. I would note that we have not received any complaints from the existing day-care and you should just rely on testimony tonight if the addition of more children will affect any of the neighbors. With that, I will stand for any questions. Borup: Any questions from the Commissioners? Would the applicant like to come forward? Anything you'd like to add? State your name and address for the record. Floyd: Yes. It's Christina Floyd. I live at 567 East Brown Bear Street in Meridian. Borup: Anything additional in the staff report that you would like to add or clarify? Floyd: I'm only requesting to watch six children, not inGuding my own. I have two of my own. They are old enough to where they are in school all day long and I'm going to be doing this for a long time, so - I hope to be doing this for a long time. That's why I just Meridian Planning and Zoning November 7, 2002 Page 3 of 84 wanted this Conditional Use Permit, so I remain within licensing guidelines in watching the six children. The six children and -- plus my own, would be eight. Borup: Okay. Yes. The staff report said eight children so that was including your own. Floyd: Yes. Borup: So is that -- is that correct, Steve? She's at this point, actually, really only asking for one more than what's already approved? Siddoway: That's correct. You know, unless there was a compelling reason to limit the number, it makes sense just to leave it as six to 12 per the standard ordinance, unless you see a reason to limit it. Borup: Okay. All right. Okay. Thank you. Any questions of any Commissioners? Centers: Yes. Mr. Chairman. Borup: Commissioner Centers. Centers: I guess -well, we can see if there is anyone here, but if we did limit it, maybe a year from now you might have one more of your own, would that be - Floyd: I have two of my own. Centers: Okay. Floyd: I'm not going to watch any more than six kids, other than my own. Centers: I wouldn't want you to come back if you happen to have achild -another child of your own and then you have nine correct? If we limit it at eight -see what I'm getting at? Floyd: Yes. Yes. If I can be approved for the 12 children, that's fine. Centers: Okay. Floyd: That would be great. I don't plan on watching 12 children, but that would be nice. Centers: Thank you. Floyd: Thank you. Borup: Do we have anyone else here to testify on this application? Okay. Seeing none --there were no letters that I could see in my packet either. Meridian Planning and Zoning November 7, 2Q02 Page 4 of 84 Centers: Mr. Chairman, if I could ask the Assistant City Clerk - I didn't see the number of letters and notices that went out to the neighbors. Did we have probably 60 or 50? Borup: Shouldn't have been quite that many, I don't think. Centers: Within 300 feet of the subdivision. Do you have them, Mr. Chairman? Borup: No, I don't but I was just looking at the site plan, because part of it is just a vacant field. That would eliminate that from what you would normally have. Siddoway: Mr. Chairman, I just counted the list in my packet. It has 29 that were mailed. Centers: Twenty-nine letters and no shows. That's -- Borup: That eliminates half. You were about right on. Centers: Yes. If it wasn't backed up to a vacant field. Borup: Yes. Centers: I'd move that we close the Public Hearing. Mathes: Second? Borup: Motion and second to close the Public Hearing. All in favor? Any opposed? MOTION CARRIED: THREE AYES, ONE ABSENT Mathes: I make a motion to approve Public Hearing CUP 02-030, request for Conditional Use Permit to care for one to iwo additional children after school in an existing family home day-care at an R-8 zone for Christina Floyd by Christina Floyd, 567 East Brown Bear Street, inGuding all staff comments, dated October 17, 2002. Centers: Could I make an amendment there? In the staff comments, they say that 12 children are inappropriate at this location, in the first paragraph on the first page. Could we strike the word inappropriate? Borup: No. It says if they do. Siddoway: It says if the Commission finds that. Centers: If the Commission -- okay. Okay. Excuse me. Should have read the whole sentence. Meridian Planning and Zoning November 7, 2002 Page 5 of 84 Siddoway: Mr. Chairman? It may make sense to amend it, nonetheless, because, as stated, it says for one to two additional children, which would make it up to tike seven. I would just approve it for six to 12, like a standard day-care. Mathes: Oh. Okay. That's as you said. Centers: I would second that. Borup: Okay. Any questions from counsel on that motion? Wollen: No. Borup: Okay. It would be -- the motion was as the staff report. Mathes: Do you want me to restate it? Borup: No. I think we are okay. Did we vote on that? Okay. All in favor? Any opposed? MOTION CARRIED: THREE AYES, ONE ABSENT Item 5. Public Hearing: PP 02-020 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 6.503 acres in an R-4 zone for Salmon Rapids No. 5 by Farwest, LLC -north of East Victory Road and west of South Locust Grove Road: Borup: Thank you. Item Number 5 is a Public Hearing, PP 02-020, request for Preliminary Plat approval of 19 building lots and 2 other lots on 6.5 acres in an R-4 zone for Salmon Rapids No. 5 by Farwest, LLC. I'd like to open this Public Hearing and start with the staff report at this time. Siddoway: Thank you, Mr. Chairman, Members of the Commission. This is the final phase of Salmon Rapids. It's outlined on the screen. It does consist of just over six and a half acres. They are proposing 19 building lots, 2 other lots. This is a revised subdivision design. There was one previously approved in 1998. The revisions shown on this plat include a new open space drainage lot, a new stub street to the south, and some reorientation of the public streets that were necessary to accommodate the sewer. Referencing the staff report dated October 215`, there are some additional considerations for the Commission on this one on the second page. The first one being a stub street -- before I get into that, let me walk through the screen a little bit. You can see here the aerial photo with the existing Salmon Rapids Subdivision around it to the north and east. There is the existing -- is it Kachina Subdivision to the west and it is a large lot, County Subdivision. This is the revised plat. You can see the additional stub street going to the south in this location here. Staff supports the inclusion of the stub street where it's shown between Lot 10, Block 9, and Lot 64 -- Lot 64, Block 2. The second issue is the sanitary sewer and Bruce may be better able to speak to this, but I