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HomeMy WebLinkAbout1996-12-10 MERIDIAN PLANNING AND ZONING COMMISSION DECEMBER 10, 1996 The regular meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:00 P.M.: MEMBERS PRESENT: Keith Borup, Greg Oslund, Jim Shearer: MEMBERS ABSENT: Malcom MacCoy: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Shannon Spencer, Dale Sharp, Helen Sharp, John Bookes, Tyler Couch, Erik Fisher, Tyler Richardson, Kevin Golightly, Tim Golightly, Gary & Debbie Little, Dixie Lee Roberts, Brian Draper, Wart Edmonds, Vern Alleman, Steve Bradbury, Patricia Reed: MINUTES OF PREVIOUS MEETING HELD NOVEMBER 12, 1996: Johnson: You have read the minutes, are there any corrections, deletions or additions? Shearer: Mr. Chairman I move we accept the minutes as written. Oslund: Second Johnson: It has been moved and seconded that we accept the minutes as prepared, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Just a short announcement, if you happen to be here for items 3, 4 or 14 we won't be hearing those this evening. Three and four is Ranch Subdivision that has been formally withdrawn by the applicant. On number 14 which was a public hearing request for annexation and zoning by Properties West Inc. off Franklin Road, that was improperly noticed so that will have to be renoticed. ITEM #1: TABLED NOVEMBER 12, 1996: ANNEXATION AND ZONING REQUEST FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: ITEM #2: TABLED NOVEMBER 12, 1996: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: Johnson: This application was initially submitted to us in June of 1995 I believe and has virtually been tabled from day one. I don't know what kind of feedback the City has had since our last tabling which I believe was in July. Shearer: Mr. Chairman, I see a representative from that group here, I was wondering if he could give us some information on that project? Johnson: Yes, we didn't continue the public hearing did we, I of course couldn't remember back that far. But we would be glad to take a comment if someone has a comment or the applicant (inaudible) what is new happening if anything. Edmonds: My name is Wart Edmonds from 1966 N. Stoneview in Boise. I am one of the developers, our engineer is not here tonight. We haven't been getting any notices of this we thought it was tabled indefinitely until we got the sewer right of way worked out through Vern Alleman's property. After the last time it was tabled, not the last time but back I believe in March I left for Japan and hadn't been back. I haven't heard anything from anybody and at that time Hubble Engineering was doing some work for Vern Alleman to lay out his land to see where the sewer and the roads went and all of that. Until today I haven't heard anything on this and I had heard it was coming up tonight so I came over to see Gary Smith today. I tried to get an appointment with Shari but we haven't managed to do that today. So, at this point we haven't done anything different, we are still waiting on everything to fall in line to get the easement through Alleman's property if we can and go forward with it. So that is where it is so I showed up tonight not knowing a whole lot about it but Pat Tealey he is not here he called me this morning and let me know that I should be here or somebody should be. We are still interested, we still want to do it at this point I don't know where to go from here with what we need to do next for you. Johnson: We don't try to keep these things a secret, so somebody has been getting notification and from our position just speaking for myself when things drag on this long without any contact or discussion or some of the items that we discussed have not been addressed then we are really of the opinion or of the feeling that we just start over because property owners change in this area. Those people that were originally noticed about your development may not be the same people now. And circumstances may have changed. That is virtually what has happened with items 3 and 4 tonight. I think you can understand our position in that. I have had some contact with Vern Alleman who happens to be here this evening. Just when (Inaudible) to see if he has heard anything new. The last time I spoke with Mr. Alleman he can verify this tonight is that he hasn't had any further contact regarding his easement there. Edmonds: I went to see him before I left, he was sick with the flu at the time I had been out there 3 or 4 times and at that time he needed to get this property engineered to see where the roads go. Well we offered to let Pat Tealey and he wanted his engineer to do it. So that was the plan for him to get that and then get back to me when he got the thing laid out, I haven't seen one yet. But I just found out tonight he said he did have that, the plan on that, but I haven't seen it. That is where it is now, we have to get with him I guess and see what he wants to do. Johnson: The disappointing thing from our viewpoint or at least my viewpoint is that we have been inconveniencing people with these notices to come to these meetings and they come here and we don't do anything so they more or less wasted their evening. Meridian Planning & Zoning Commission December 10, 1996 Page 3 Edmonds: Well that is what I thought it was indefinitely postponed when I left to go to Japan because we haven't received one notice and Pat Tealey swears that he hasn't received one. Johnson: This body does not table things indefinitely, by law we have to table to a date certain. So we always table to, I can't answer that because I don't do notifications, but usually there is someone that wants to read the minutes or to be in attendance at the meeting representing you as the developer so they will know what is going on. Edmonds: Right, we didn't know, (Inaudible) Johnson: We never just table things until (inaudible) we always have to pick a specific date to table it to. And we tabled it last time for our meeting in December. That is why we are on the agenda tonight. Did anyone else have anything they would like to add to this right now? Oslund: Well right now we are witnessing a good example of what a waste of time this is. We have all of these people waiting here for active items on the agenda. I have only been on P & Z for about 11 months but this one has been tabled every meeting since I have been on board. I personally am getting kind of tired of tabling it let's get it off the agenda or do something with it and stop wasting people's time. Johnson: If you have a question about our notification procedure then you need to get with Shari Stiles or Will Berg who can direct you to that. I don't do that personally, we don't do those. So you will know what the program, what little feedback I have had as I have said it has just been because I run into Vern once in awhile and talk to him. Shearer: If we tabled this to next month do you think that you would have time to proceed with the thing at that time? Edmonds: (Inaudible) Johnson: At this point we have got to get everything on the recording so if you are going to talk to us we need you in front of the mic. Edmonds: I will say that again then so you can get it on the recording. We are ready to go forward at any time with whatever requirements that you have got here. As far as him mentioning awhile ago about tabling and wasting people's time we were tabled three times before I left. Every time, we have tried to get this thing going, we want to get it going. But if we are spinning our wheels it is not going to work, we need to know Meridian Planning & Zoning Commission December 10, 1996 Page 4 that too. And we will go differently. At this point we are willing to do and I think we have represented that all the way through Packard One and everything else to do whatever we can to make this work. We have accepted everything and everybody has come along with. So we just need to know what you (inaudible) Johnson: Are you still working with the, not that this is any of my business but are you still represented by an engineer, Pat Tealey? And Pat certainly knows the procedures? Edmonds: No, he told me today that he didn't know, he was over here on Dove Meadows, he is doing that for Dave Leader at the last meeting he said I heard something about Packard No. 2 we need to get over there and check it out with Gary and with whatever I forget her name there Stiles to see what is going on over there. He said I haven't been notified about anything and we haven't either. So I don't know how we are supposed to get this information when you are going to have a meeting and have our stuff on the agenda if somebody don't notify us. Borup: Mr. Chairman, I think the question that we had is from your aspect would it be better to table it for January or February? Edmonds: Well let me be honest with you, at this time I don't know what we have to do to get back to satisfy this Commission. I don't know the items other than the one with the sewer easement. I talked to Mr. Alleman tonight and I told him I am ready to go to the attorney and draw it up whenever he is ready. That wouldn't take very long if he is ready. Johnson: Apparently you haven't worked with an attorney lately. Edmonds: (Inaudible) I will guarantee I will get him into my attorney if he is ready. (inaudible) Johnson: Let me ask a question here of staff, is it possible to give the applicant here a list of the criteria that has to be met before we move forward on this sometime within the next week or so or is that information that is already out there. Certainly our minutes when we tabled it initially would have addressed some of the, my memory isn't good enough to remember back to June of 1995. Shearer: The sewer easement has always been a problem (inaudible) Stiles: Chairman Johnson and Commissioners it has been so long since I have looked at this I have no idea what all the issues are, I know the major thing has always been the sewer easement through Vern Alleman's property. Whether any of the other Meridian Planning & Zoning Commission December 10, 1996 Page 5 conditions have been addressed or the plat changed to reflect those comments I don't know. I am also worried about the public notice requirements and I don't have any idea where we are on that legally. Johnson: Let me ask this question then, the oness is on the applicant to clarify the sewer easement correct? Is the City of Meridian holding that up in any way? Stiles: No Johnson: That is something they have to work out between themselves isn't that correct? Stiles: Yes Johnson: So we can't give them any guidance on how to do that right? Stiles: No Johnson: Well I think then this commission can do what they want to do and make a motion accordingly. I would guess until we are certain that some agreement has been worked out that there is no sense for us to table without for a short period of time and not knowing whether or not anything has been done. So, I really don't have any suggestions on how to handle that any better. It is up to you people what you want to do. The missing item is the same missing item that has been missing for well over a year. There is nothing we can do about that as a City. Oslund: Mr. Chairman, there is the item of the sewer, there may be others. It seems to me that one way we can approach this is direct staff to basically give us the findings again and dig those out and give everybody a copy. I think it is time to bring this to a vote. The applicant has had a lot of time to address these issues and maybe we do it in January or February but I think it is time. Obviously we can go on forever. If it is up to Vern Alleman whether your development goes through that just seems peculiar to me. You are the applicant you are responsible to move it forward not Vern. Edmonds: I have done what I can do, I am ready. If he is ready, if he is going to do it let's go do it, if he is not going to do it say so and we don't do it and we do something else. That is where i am at this point. We are ready, and I will do everything I can do to put it together. But first off he wouldn't even talk about that until he has seen how it is going to affect his land. He had to go to an engineer and that took a long time. Merkle at Hubble Engineering took forever. We would come back here and supposed to have it in 30 days and we get back here and her wouldn't have it. We did that three Meridian Planning & Zoning Commission December 10, 1996 Page 6 times if you look in the record it was tabled three times for that reason. That has been done now I understand but I haven't seen it. I guess we need to go to the attorney if he is going to go through with it then we will draw up an easement to his liking whatever. We have worked with Gary on the sewer on the manholes, he didn't want any manholes on his property, that is 330 feet. It has to be engineered it had to show manholes on Kevin Howell's property and one on ours and covered back up where they can farm it and no disturb it at all. Put it back just like it is (inaudible) all of that takes time and it is something beyond my control. If I could do it I would do it. Johnson: Well it is definitely beyond our control. Oslund: I would like to make a motion. Mr. Chairman, I move that first the staff supply us with the findings of fact on this. I am assuming those have been prepared. Johnson: I don't think they would have been, because we tabled this from the very first meeting is that not true? I don't remember. I would have to pull the file on that and I just don't know. Crookston: Excuse me, I believe that findings of fact were initially done on the annexation but as has been said quite a few times prior tonight I would have to go back and look at the record. But I believe that I have done findings on the annexation. Shearer: (Inaudible) Crookston: I think at one time it even went as far as the City Council and findings were done and it came back to the Commission. Johnson: Well we are kind of guessing here I guess what we need to do is to find out what we have done and to try and determine whether findings that were prepared that long ago have any worth today. I think that is the decision you have to come up with. And we can't do that unless we analyze those findings. Oslund: I am trying to figure out a way to make a motion that we can get some action at the next meeting and then maybe by February have this thing resolved. But without knowing where we are at. Shearer: I would think that we would table this (inaudible) until January or February date and if nothing is done by then reject it and then start over if it comes back. Johnson: Have you finished your motion, was that a motion Commissioner Oslund? Meridian Planning & Zoning Commission December 10, 1996 Page 7 Oslund: It sounded good to me if it is a motion I will second it. Johnson: No I meant your motion, was that a motion or were you just thinking about making one? Oslund: Well he did so well I am about ready to second his conversation. Crookston: Mr. Alleman would like to make a comment. Johnson: Do you have a comment Vern, help us out here? Alleman: My name is Vern Alleman and I reside at 2101 E. Ustick, Meridian. I thought that perhaps I couldn't testify, I want to testify. Johnson: Well we want your input, if you have some input that will speed this thing along that is what we are looking for right now. Alleman: Okay, to clarify the past it is true, I did have the land surveyed but that wasn't the problem. That has been done a long time and there has been no contact with me on that at all. So since that time, since there has been no contact until today about an hour before 5:00 or somewhere and I wasn't home. that is the only contact that I have had so I have told them that I would work with them but I had to have it done right and I had to have an attorney and a planner to do it. So that is where we are at and I understand one thing further which I think should be considered in this is that there is not, that I have been told by the other developer that is involved in this that they have not reached an agreement with him to participate in getting that over to my property. I talked to the developer about that and they have had a problem there because they want to change which way it came across that property. So that is where it is. Johnson: To sum it up then nothing has been worked out and you haven't had any recent contact? Alleman: No Johnson: Thank you Vern Shearer: Mr. Chairman, I move we table this until the February meeting and if at that time we will take action on it one way or another. Oslund: Second and call for discussion. Meridian Planning & Zoning Commission December 10, 1996 Page 8 Johnson: We have a motion on the floor to table this to our February meeting which is February 11, and some discussion prior to the vote. Oslund: I think that on item one we should go ahead and direct the attorney to prepare findings of fact whether they are already prepared or not, that way we will have something to act on the January meeting and not wait until February. Because right now we don't even know that if we may go to February and then find out we don't have any findings and then we need to order them and then we are into March and so I think we need Shearer: (inaudible) we don't have any findings when they research why we can have them done from January to February. Oslund: Your motion was to table to February so we won't even be looking at it in January. So I am saying whether they are prepared right now or not but in January let's look at the findings and consider the findings. Then make a determination at that point. Johnson: Any further discussion, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: What we need to do is review the information that we have already had prepared between now and our next meeting. Let's do that, that is what you are saying. Oslund: (Inaudible) Borup: If there were findings we will have that or maybe the minutes of the last meeting where anything (inaudible) Johnson: So we will update ourselves and perhaps you can give me a call on that Wayne if it is incomplete or whatever. I want to welcome Boy Scout Troop #180 here this evening, I have no idea why you are here. Is this part of a merit badge thing? Good, this is not your tax dollars at work, we are all volunteers here, City Council, that is your tax dollars at work. That is when you want to be critical. ITEM #3: TABLED NOVEMBER 12, 1996: PRELIMINARY FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: ITEM #4: TABLED NOVEMBER 12, 1996: CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: Meridian Planning & Zoning Commission December 10, 1996 Page 9 Johnson: We have a letter from the applicant withdrawing the application. I need a motion I guess to that effect to make it official. Shearer: I so move Borup: Second Johnson: We have a motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea Borup: I just had a question on his request (inaudible) Johnson: City Council can handle the money issue. ITEM #5: TABLED NOVEMBER 12, 1996: CONDITIONAL USE PERMIT FOR A KARATE CLASS BY BRAD & DEBBIE MILLER: Johnson: Has there been any additional information on this given to staff? Stiles: Besides the letter? Johnson: If there is a letter I don't have a letter on file. Stiles: They had talked to Dean and were supposed to be providing a letter which basically just said there is already another company that is in that building. But I haven't seen it yet. Johnson: What would you suggest we do, I am not really in favor of tabling this every month either. What is the letter going to say? Stiles: It is going to say they are not continuing with the conditional use permit because there is already somebody else as a tenant in the building. Johnson: Who is going to originate the letter? Stiles: Brad or Debbie Miller Johnson: Not the owner of the property? Meridian Planning & Zoning Commission December 10, 1996 Page 10 Stiles: No he wasn't the applicant. Johnson: We don't have the letter? Stiles: No Johnson: What would you like to do with this, they are not going to go through with this apparently, because it has been rented to other people. Oslund: Can we get it to a date certain, say (inaudible) Shearer: Why can't we just kill it, we have verbal request to withdraw this item and I move that we do so. Borup: Second Johnson: We have a motion and a second to withdraw this item due to the circumstances, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE FROM R-4 TO L-O FOR PARKING FOR NEW MERIDIAN LIBRARY BY MERIDIAN FREE LIBRARY DISTRICT: Johnson: Any discussion regarding the findings of fact, any changes? Shearer: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian adopt and approve these findings of fact and conclusions. Oslund: Second Johnson: Motion and second to approve the findings of fact and conclusions as prepared, roll call vote. ROLL CALL VOTE: Borup - Yea, Oslund - Yea, Shearer - Yea, MacCoy - Absent MOTION CARRIED: All Yea Johnson: Any decision or recommendation you wish to pass onto the City? Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby Meridian Planning & Zoning Commission December 10, 1996 Page 11 recommends approval of this rezone request for the applicant described in the application with the conditions set forth in the findings of fact and conclusions of law and that the property meet the water and sewer requirements, fire and life safety, building codes, etc. Oslund: Second Johnson: Moved and seconded we pass the recommendation on as stated by Commissioner Shearer, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE FROM R-4 TO C-C FOR AN ANTIQUE, CRAFT AND COLLECTIBLE SHOP BY EUGENE PETERS: Johnson: Any discussion or changes or corrections to these findings of fact? And your pleasure is? Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission of the City of Meridian hereby adopt and approve these findings of fact and conclusions. Shearer: Second Johnson: Moved and seconded that we approve the findings of fact and conclusions as prepared, roll call vote. ROLL CALL VOTE: Borup - Yea, Oslund- Yea, Shearer- Yea, MacCoy - Absent. MOTION CARRIED: All Yea Johnson: Recommendation to the City? Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby recommends approval of this rezone 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 to meet the water and sewer requirements, fire life safety codes, the uniform building code and other ordinances of the City of Meridian including that all parking areas shall be paved. Shearer: Second Johnson: Moved and seconded we pass this recommendation onto the City, all those in Meridian Planning & Zoning Commission December 10, 1996 Page 12 favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A NEW/USED R.V. SALES/SERVICE FACILITY BY ZAMZOWS: Johnson: There were two copies made of this, copy 1 and copy 2. It is not a choice situation, it is copy 2 that we want to follow there, draft copy number 2. Any discussion regarding the findings of fact? Borup: Mr. Chairman, just one I think typographical error, page 3, item 12, I believe the individuals name is Keith Bradbury, instead of you is that what you are saying? Crookston: This would be a rarity but you can blame the attorney for that mistake. Johnson: Any other changes? What would you like to do? Shearer: Mr. Chairman, I move that the Meridian Planning and Zoning Commission of the city hereby adopts and approves these findings of fact and conclusions. Oslund: Second Johnson: Moved and seconded that we approve the findings of fact and conclusions, roll call vote. ROLL CALL VOTE: Borup - Yea, Oslund - Yea, Shearer - Yea, MacCoy - Absent MOTION CARRIED: All Yea Shearer: Mr. Chairman, I move that Meridian Planning and Zoning Commission hereby recommend approval of this conditional use permit request for the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the property meet all of the City ordinances. Oslund: Second Johnson: Moved and seconded we pass the recommendation as read by Commissioner Shearer, discussion? Borup: Just one item, the applicant had requested the over flow parking to remain a Meridian Planning & Zoning Commission December 10, 1996 Page 13 gravel parking lot. Johnson: Is that the area to the west? Borup: Yes, is that something appropriate to discuss? Johnson: If you feel so, sure. Borup: Well I, Johnson: It would have been more appropriate to discuss it before we (inaudible) go ahead. Borup: Well before the findings it should have been. I am in agreement with their request, they are complying with sidewalk curb and gutter on both streets that they are adjoining and I think all has worked out with ACHD. Looking at the property in person it looks like at this point anyway that is what it is used for and their comment was they are not, 3 year lease and the expense of going through and paving a lot that may be (inaudible) further development made sense to me. Johnson: I have a question of the City Attorney, if this is an ordinance requirement i guess the question should be is this an ordinance requirement and if so it would have to be done by variance right? Crookston: It is an ordinance requirement that the parking lots be paved I would assume that then it becomes a question as to whether or not this is a parking lot. The way that I Shearer: (Inaudible) Crookston: I think if they are parking vehicles of any nature it is a parking lot. That has to be paved by ordinance. So it would, they would need to apply for a variance. Johnson: I have a question since you got into the semantics. Is this a parking lot used for their own displayed units, not parking for public, is there a difference there. Does the ordinance address the difference there? Crookston: The ordinance does not address the difference. Johnson: Do you follow my questioning. Meridian Planning & Zoning Commission December 10, 1996 Page 14 Shearer: I have to agree with Keith, I think that we are overdoing it a bit. If they were going to use it all the time it would be different. Johnson: Well if it is your pleasure we can Oslund: I have a question, they (inaudible) their application meets the minimum number of stalls, they are meeting their parking requirement, is that correct? Johnson: Public parking. Stiles: Commissioner Oslund, Commissioners, with what is there now I can't tell that they are meeting it. One third of the sales lot is to be designated for public parking. With what is shown and what I see there I can't tell. They have got things so jammed in there that you can't tell where their public parking is. Their intent in using the whole lot is to spread the units out so it is not so tight in there. I guess they have already had three or more accidents, damaging their RV's just moving them around. They would still need, if the Commissioners and Council decide that they do not want, that they will allow them to have the gravel parking they will still need to meet the paving requirements of Ada County Highway District for the accesses into the property. Oslund: But the attorney's opinion still stands that this is a requirement by ordinance so I don't believe P & Z can simply throw the requirement out. It is up to Council to give a variance if they see fit. Borup: Would it be up to the applicant to request a variance, formally request a variance. Johnson: Yes and the variance would be requested at the City Council. Borup: I think that answers my questions then, it puts it up to them on how they want to proceed how they want to. Shearer: You know fellahs, we, everybody that comes in here we seem to hit with all of these extras and extras and quite frankly what is going to happen in cases like this particular one when people realize what is happening they are going to come in they are not going to tell us they are going to use that for overflow. They are just going to tell them that they are going to use the regular parking lot. Then they will get it through and then they will use it for overflow even though they haven't told us. I know of cases in town today where these kinds of things are happening because we are, to my way of thinking not being reasonable with these people and the amount of money that they put into these things and still come out with a decent profit. Meridian Planning & Zoning Commission December 10, 1996 Page 15 Johnson: Well you may have a point and you may not. The fact is this body is pretty much bound by or is bound by the ordinance. Variances to the ordinances don't fall under our (inaudible) I think we have to do what we have to do. Shearer: That is true but they haven't said that they are going to use it for parking. Johnson: I have a question, it may have got lost here in the shuffle but Shari made reference to ACHD requirement that the entrances would have to be paved, were you referring to this western portion of the property? Stiles: Yes, the accesses they are proposing off of Meridian Road they will have to have those paved, I think it is a distance of 30 feet from the road right of way. Shearer: Is that in ACHD's stuff that they sent to us? Stiles: That is in their policy manual. Shearer: It is not in their stuff that they sent to us. Stiles: I would assume that it is a comment in there. Shearer: Well if it is we do it if it is not well then (inaudible) Stiles: Well it needs to be done anyway because of the problems it creates by dragging gravel back out onto the street. Shearer: Well I would assume that they would take that into account (inaudible) Johnson: Any further discussion, we have a motion and a second. All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION FACILITY BY WESTERN PCS II CORP.: Johnson: Any discussion regarding the findings of fact as prepared by our City Attorney for this applicant? Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission of Meridian Planning & Zoning Commission December 10, 1996 Page 16 the City of Meridian hereby adopts and approves these findings of fact and conclusions. Borup: Second Johnson: Moved and seconded we approve the findings of fact and conclusions as prepared, roll call vote. ROLL CALL VOTE: Borup - Yea, Oslund - Yea, Shearer - Yea, MacCoy - Absent MOTION CARRIED: All Yea Johnson: Recommendation to the City? Oslund: Mr. Chairman, I move we recommend or the Meridian Planning and Zoning Commission hereby recommends approval of this conditional use permit request by the applicant for the property described in the application with the conditions set forth in these findings of fact and that the property and applicant be required to meet the water and sewer requirements, fire and life safety codes, UBC and other ordinances of the City of Meridian including that all parking areas shall be paved. Borup: Second Johnson: Moved and seconded that we send onto the City the comments as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT: Johnson: There is a blank in the findings that needs to be completed with respect to square footage on page 8. Is there any other discussion of any other items? Would the commissioners like to address item 5 on page 8? Borup: Mr. Chairman, I think it has been determined that the ordinance does read 800 feet on a duplex, I know there is some confusion on that. I am a little confused on what the applicant is proposing though. They have mentioned the figure 1160 feet that is their goal. I would be curious to know if they have firmed that up any more or not. I don't know how we find that out at this point. (End of Tape) Meridian Planning & Zoning Commission December 10, 1996 Page 17 Bradbury: (Inaudible) minimum square footage of each of the dwelling units, individual units of 1160 that is what the applicant proposes and is certainly willing to live with a minimum requirement of 1160 per unit. Johnson: Thank you, Counsel, your statement in here has to do with whether or not 1160 would satisfy the statement of it being harmonious with (Inaudible) is that what you are saying there? Crookston: That is correct, what our ordinance says is that for a duplex, the minimum square footage requirement is 800 square feet per unit. Also in our ordinance it states that the City is to determine whether or not units, whether it is the size or design and I assume also the color of paint whatever, as to whether or not that is compatible with the surrounding structures or area around the area that the application pertains. to. The reason that I left the blank was to give the Commission an opportunity to do exactly what you are doing now to decide whether or not the 1160 square feet as proposed by the applicant meets the requirement that the City determine what is compatible with the surrounding area. If the Commissioners agree with that then I would entertain a motion. Shearer: Mr. Chairman, I move that we set that minimum on this project at 1100 feet, that gives them a 60 foot clearance. Borup: Second Johnson: Well I would like to, I know we have a motion and a second, I would like to assume that you are recommending approval of the findings with that insertion is that correct, for clarification. Shearer: I was clarifying that in the findings and I can also. Borup: I withdraw my second. Shearer: I will also recommend that we adopt these findings with that added in. Johnson: Could you restate your motion and withdraw your original please. Shearer: Okay, I move the Meridian Planning and Zoning Commission adopt these findings of fact and conclusions with the insertion of 1100 square feet as a minimum. Borup: Second Meridian Planning & Zoning Commission December 10, 1996 Page 18 Johnson: Moved and seconded that we approve the findings of fact with the minimum square footage of 1100, roll call vote. ROLL CALL VOTE: Borup - Yea, Oslund - Yea, Shearer - Yea, MacCoy - Absent MOTION CARRIED: All Yea Johnson: Recommendation to the City please? Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommend to the City Council of the City of Meridian that they approve the conditional use request by the applicant for the property described in the application with the conditions set forth in these findings of fact and conclusions of law. Borup: Second Johnson: We have a motion and a second to pass that recommendation onto the City Council as stated by Commissioner Shearer, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 Nay ITEM #11: PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT (TABLED NOVEMBER 12, 1996): Johnson: What would you like to do with the preliminary plat? Shearer: Mr. Chairman, I move we approve the preliminary plat, we had some discussion on that didn't we. Borup: Second Johnson: Discussion, we have a motion and second to approve the preliminary plat, discussion? Borup: Mr. Chairman, I think one of the items that was still pending was the sidewalk width and street location. I believe we left the last one maybe with a recommendation that the sidewalk width be increased to 5 feet and to accommodate that the street be moved over one foot to the east. Shearer: Let's make an amendment to my motion to that affect, that I will second. I Meridian Planning & Zoning Commission December 10, 1996 Page 19 move we amend Johnson: We have a motion and a second (inaudible) Shearer: No we don't, I can amend the motion anybody can amend the motion Jim that is parliamentary procedure. Johnson: Yes you can amend the motion but we are not done with the discussion part yet. I want to get some feedback from staff on that on moving the street, have you had any discussion about that do you recall that? Are you doing this from memory or do you have some notes to that affect Commissioner Borup? Borup: Memory Shearer: That was what we discussed at the time. Johnson: Okay, would you like to amend your motion? Shearer: I move we amend the motion by changing the four foot sidewalk width to a five foot sidewalk width and shifting the street to allow a maximum footage in front of each house on each side of the street. Borup: Second Johnson: We have a motion and a second on an amended motion, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 Nay (Discussion Inaudible) Johnson: Discussion on the original motion. Oslund: I believe Gary has something to say to us. Johnson: Do you have something to say Gary? Smith: Mr. Chairman, I was just wondering a clarification on that part of the motion. When you say shifting the street to take maximum, I didn't understand that. Shearer: They have 18 foot driveways Gary and when they put another foot of Meridian Planning & Zoning Commission December 10, 1996 Page 20 sidewalk in there they are going to have, they will have to shift everything to center it so that they will have, so that the right of way will be a foot or two off from the sidewalk into the yard. We want to equal that up so that they will have 19 to 20 feet from the building to the actual sidewalk on both sides rather than having all of that on one side. Smith: So is there going to be sidewalk on both sides then? Shearer: No, see as they have it they have a 40 foot street Smith: Yes, 40 foot right of way and 3 foot on one side without the sidewalk and 5 foot on the other side with the sidewalk. Shearer: So we want to equal that out so that the sidewalk is equal distance from the property line on both sides of the street, the edge of the sidewalk or the edge of the street. Smith: The edge of the curb, okay. Shearer: I was only doing that because or talking about that because they are such a small length to park a car in front of the garage. Smith: Thank you Johnson: So where did we leave off, we have a motion and a second, any further discussion? All those in favor of the original motion? Opposed? MOTION CARRIED: 2 Yea, 1 Nay ITEM #12: PUBLIC HEARING: REQUEST FOR A VACATION OF FARMINGTON ESTATES NO. 2 PLAT AND STREETS BY ED BEWS: Johnson: This is a public hearing, I will now open the public and invite the applicant or his representative to address the Commission and you need to be sworn. Is the applicant or representative here? Ms. Stiles? Stiles: Chairman Johnson and Commissioners I told the applicant that it wasn't necessary to be here because of the nature of this request. You have my memo on this application. They are just going through the steps so they can get this vacated and meet the State code requirement and our ordinance requirement. Johnson: There is no objection from staff apparently? Meridian Planning & Zoning Commission December 10, 1996 Page 21 Stiles: No Johnson: Any discussion? This is a public hearing, anybody here from the public that would like to address the Commission on this? Seeing and hearing no one then I will close the public hearing at this time. What is your pleasure? Shearer: Mr. Chairman, I move that we recommend vacation of the Farmington Estates Subdivision No. 2. Oslund: Second Johnson: It has been moved and seconded that we recommend approval of the request of vacation of Farmington Estates No. 2 plat and streets, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE FOR 12 CHILDREN BY PATRICIA REED: Johnson: At this time I will open the public hearing and ask that the applicant or representative of the applicant address the Commission. Patricia Reed, 2167 Jericho Way, Meridian, was sworn by the City Attorney. Johnson: Just kind of tell us what you are going to do. Reed: Alright, right now I have a day care of 5 children actually. I need to expand, I am supporting my family, I have a retarded son who is an adult and I have two younger children and my mom living with me. This is my livelihood, I enjoy working with children and I have a rather large home and backyard and I feel that I could do this adequately. Johnson: Thank you Patty, any questions of Ms. Reed? Borup: Have you reviewed the staff comments? Reed: Yes I have Borup: Any questions or anything on any of that? Reed: I made a phone call to Mr. Schmalz, he didn't return my call. I am not sure if Meridian Planning & Zoning Commission December 10, 1996 Page 22 there is something that I need to satisfy there. But I do have my day care license here and certificate of occupancy. Borup: You do have a certificate of occupancy? Reed: Yes I have it with me. Borup: I think Central District Health is asking for a review of the plan is what the comment says. I assume of the floor plan of the home, is that your understanding of what he wanted? Reed: Like I said he wasn't able to return my call. I just received this today, I haven't had much time to work on it. But I do have a copy of my floor plan and I can certainly take it to them. I have two large play areas for the children. Johnson: I have a question, Central District Health, would they have gotten this sketch with their notice? Stiles: Yes the would. Johnson: So they already have this? So they must be looking for something in addition to this, is this what you are referring to? Reed: Yes Johnson: Well not being able to talk to them you don't really know what they want but apparently they want something other than this, right? Reed: Yes, apparently so. I can try him again tomorrow morning. Shearer: I really don't think that affects us. We will require that you have the license and probably to get that license you will have to jump through that hoop. Reed: Now what kind of license are you referring to? I do have my day care license through the State of Idaho. Shearer: Don't they have a different one for when you go over five? Reed: No I called the day care licensing place and she said that was not an important issue for them. It is Meridian that has to be satisfied with the requirements. I have already been finger printed and I have gone through that hoop already. Meridian Planning & Zoning Commission December 10, 1996 Page 23 Shearer: Well obviously Central District Health wants something else, they have to be taken care of before you are completely approved. Borup: I also had a question on item 4, it talks about screen, is that something that is necessary or is that just a standard comment in there, Shari? Johnson: Where is the comment, who is it from? Borup: From Shari Stiles, on her comments, it is the third sheet. Johnson: That is the screening and landscaping comment. Stiles: That is a standard comment and it (inaudible) Borup: That wasn't necessarily a site inspection comment? Stiles: I guess I don't understand. Johnson: What he means is you didn't go out and look at it and decided that needed to be done, this is a standard requirement. Stiles: Right, I believe the Central District Health, they may be thinking that it is a child care center that is 50 kids or something like that. That may not even be an issue. Johnson: I kind of get that feeling myself. Commissioner Oslund? Oslund: You know I think I recognize your face, I think, weren't you before us when Jerry Cobler was in for their day care application and I think you were saying that you had one just a couple of doors down. Reed: Yes I do, Oslund: Maybe I am digressing a bit but have they actually opened up their business since it was approved? Reed: Yes they have and I have seen a few children in there too. Oslund: How is it working, I mean is it Reed: I don't see him too busy but it does take time. Meridian Planning & Zoning Commission December 10, 1996 Page 24 Oslund: You had some concerns at that point, have any of those materialized? Reed: Well it just seemed that there were two sets of rules, I was required to have a six foot fence, he has four, and I mean this cost money to put up a six foot fence and actually I would have done it anyway. But I just felt like somehow things were a little bit different for him and I didn't actually know why. But the kind of day cares that we, well I think a six foot fence would be a good requirement for a day care. A four fence those children can jump that chain link and get into the street. That is my object, I don't ever let my children out in front. They have to stay in the back where I know they will be safe. That is his responsibility, that front playyard there. Oslund: That is all I had. Crookston: I just had a question, are there any I assume that there are not, but I have to ask, are there any canals around your property, ditches things like that? Reed: No Crookston: You don't have a swimming pool on your lot? Reed: No I don't Crookston: Those things have come up before. Reed: I am sure they have. Crookston: Thank you Johnson: Any other questions? Thank you, this is a public hearing is there anyone else that would like to address the Commission at this time? Any further comments? I will close the public hearing at this time. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law on this project. Oslund: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian Planning & Zoning Commission December 10, 1996 Page 25 ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO I-L BY PROPERTIES WEST INC.: Johnson: We have addressed item 14 by announcement at the first of the meeting, does anyone have any questions regarding item 14 from the audience? I have nothing further on my agenda. Shearer: Mr. Chairman, I move we adjourn. Oslund: Second Johnson: We have a motion and a second to adjourn the meeting, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 8:13 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: WILLIAM G. BERG, JR., CITY CLERK