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HomeMy WebLinkAboutDecember 5, 2002 Meridian Planning & Zoning December 5, 2002 Page 32 of 74 Borup: Motion and second to close the Public Hearing. All in favor? MOTION CARRIED: ALL AYES Zaremba: Mr. Chairman? Borup: Commissioner. Zaremba: I move we forward to the City Council recommending approval of CUP 02- 039, request for Conditional Use Permit for a care center for up to 30 mildly ill children ages two to ten years. Staffed by nurses and certified nurses assistants for Sniffle 'n Sneezes Care Center by JC Anderson Company, 217 East Pine Avenue, and a portion of 834 East 2nd Street. To include all staff comments, with the additional requirement that their hours of operation be 6:00 A.M. to 8:00 P.M. or less at their choosing. Rohm: I will second that. Borup: Motion and second. All in favor? Anyopposed? Thank you. MOTION CARRIED: ALL AYES ItemS. Public Hearing: RZ 02-006 Request for a Rezone of 0.85 acres from I-L to O-T zones for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: Item 9. Public Hearing: CUP 02-037 Request for a Conditional Use Permit for a two classroom center serving young children and families, and a 400 square foot community meeting room for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue Borup: The next item - the next two items, actually, on our agenda, Public Hearing RZ 02-006, request for a rezone of .85 acres from I-L to O-T zones for Head Start by Friends of Children and Families, Incorporated, at 321 and 333 West Broadway. Accompanying that is CUP 02-037, request for Conditional Use Permit for a two- classroom center serving young children, families, and a community meeting room for the Head Start at the same location. At this time I'd like to open both these public hearings and start with the staff report. Siddoway: Thank you, Mr. Chairman, Members of the Commission. The proposed Head Start project is on West Broadway Avenue on the south side, currently zoned I-L, but in an area that the Comprehensive Plan now designates as Old Town. The requested rezone would rezone this parcel from light industrial to Old Town and that would be in compliance with the City's Comprehensive Plan. The west side of this parcel you will see there is 15 feet of unimproved or unopened right of way, I guess, is the correct term. The applicant currently is in negotiations with ACHD to vacate that. ACHD does not see an eed to ever develop that right of way, a s it a buts the Union Meridian Planning & Zoning December 5, 2002 Page 33 of 74 Pacific Railroad here and they have no ability to cross the railroad. A condition of approval of this application would be to carry that vacation through. You should have a staff report on this project dated November 20th. This is the existing site photo. The-- this being Broadway, there is an existing couple of older houses that would be demolished and replaced with a new building, which you should have elevations of in your packets. Some existing site photos of those existing structures and their proposed site plan. On this -- on this plan Broadway would be running here. I guess that's it. Well, you know, we have the wrong plan up there. There has been a new plan submitted, which looks pretty much identical to this, except flipped 180 degrees, so that the driveway is now on this side of the building, so if you just-- Borup: That's what we have. Siddoway: Okay. That's what you should have, the one that -- this is the older site plan, which I apologize for. Let's see. The only condition of approval we have on the rezone is metes and bounds legal description is needed. It is underway. I have spoken with the surveyor that's working on that. For the standards for Conditional Uses, on Page 4 of the staff report, it talks about landscaping. Again, a strict reading of the Landscape Ordinance would require a buffer between land uses for this parcel and the existing residential uses, even though they are zoned light industrial currently. They are residences in use on each side today and there would -- there would technically be a requirement for a buffer -- a landscape buffer between land uses on both sides. This is -- this property is narrow and cannot accommodate 20-foot landscape buffers on each side. We have the ability to remedy that through the alternative compliance portion of the Landscape Ordinance. The applicant is requesting that they be allowed to do a six foot buffer on the west side and an eight foot buffer on the east side, so it's not -- they are not proposing to do nothing. We do support that, but we raise that to the Commission for their consideration, as their proposed alternative compliance. We do find that the site is large enough for all the other required features, however, such as the required number of parking spaces, open space, yards, street improvements that are required, et cetera, are all able to be accommodated on the site. Under additional considerations on Page 6, there is a sanitary sewer easement issue where the Public Works Department would like to work with the applicant to abandon existing sewer main and extend two service lines. The applicant has agreed to that. I don't know that it's an issue. If you need more details, I will stick Bruce on it. One of the conditions of approval is along the south property line. The Rutledge Lateral runs along there. There is a standard requirement to tile that ditch. It's Site-Specific Requirement 2 on Page 7 of the staff report. I believe that the applicant is going to be requesting a waiver of that to Council, so I simply raise that for discussion. Staff does recommend approval of this project, with that special consideration for abandoning the existing sanitary service -- sanitary sewer service line and providing for any new easements associated with the knew one. You should have received several letters in support of this project as well, so I just draw your attention to those for the record and make sure that those are considered and I'll stand for any questions. Borup: Any questions from the Commission? Meridian PlannIng & Zoning December 5, 2002 Page 34 of 74 Centers: Yes. Mr. Chairman, the tiling of the ditch that you referred to briefly, Steve, is that the same canal that the Police Department refers to when it says caution, southside fence is the only barrier to the canals that are adjacent to the property? Siddoway: Yes. Centers: Okay so tiling it would eliminate the Police Department's -- Siddoway: It would eliminate one of the two. There is two ditches there -- Centers: So we eliminate his caution and his worry? Siddoway: No. We eliminate one of the two ditches that are there because there are two they are only required to tile the Rutledge. The Nine Mile Creek also runs along there, it's bigger than the Rutledge, and would not be tiled, because it's a natural waterway. Centers: Is it fenced? Siddoway: The existing -- there is an existing fence, I believe. Centers: Okay. Siddoway: We can talk to the applicant about it when they-- Borup: The plat, obviously, shows a new fence. Siddoway: Yes. Zaremba: Well -- and that was a question I was going to ask. Mr. Landry's letter describes a solution that would not tile either one of them, but to put a fence a little farther in on their property line, 50 feet from -- from 50 feet from the drain or the lateral, that would keep children contained and away from that and then not tile it, which, of course, the Comprehensive Plan is in favor of not tiling any open -- Siddoway: Where we have natural waterways, that's true. Zaremba: Is not tiling an acceptable solution or are we saying they must tile it? Siddoway: You know, to my thinking it is acceptable. We do have the I etter of the ordinance that says, you know, shall be tiled and, you know, any waiver of that has to be requested by the City Council, so that's my two bits. Zaremba: Okay. Meridian Planning & Zoning December 5, 2002 Page 35 of 74 Borup: And my thought on that, I guess, could be a factor, is whether the ditch runs through the property or borders the property, and could make a difference on how that's treated. There is a difference. Siddoway: There isn't a difference in the ordinance. Borup: No. No but in my mind there is a difference how it affects the property, is what I mean. Zaremba: So would they be willing to give up a space in the easement to put up a fence -- Siddoway: There is an easement. Yes, I'm sure they would be willing to do that. Zaremba: I think that's what they are suggesting. Siddoway: Yes. I will let the applicant address that, then. Zaremba: Let me, if I may, ask a question about Mr. James Cain's letter also and what effect this project would have on the neighbors. One of his concerns is that this might create a school zone and limit his ability sometime later to develop a business that might sell liquor. Does this create a school zone? Siddoway: It probably would restrict liquor sales. Yes. Borup: Point Number 2 that was his Point Number 1, to make sure that it doesn't change the industrial character. His Point Number 2 is whether or not he might make future commercial use of his property for future alcohol sales in a school zone, which would have a right to object to that so his concern there is justified. Siddoway: Yes for liquor. He does not take away any existing rights based on zoning. It's currently zoned I-L. It does not affect any rights that are -- those properties currently have, under the -- Zaremba: So he is not currently using his property in that fashion, so -- Siddoway: I'm assuming not. Centers: But that's designated Old Town in the Comp Plan, all of that. Siddoway: From this parcel heading east it's Old Town in the Comp Plan. Centers: Right. Borup: But the parcel on the west side is I-L is that correct? Meridian Planning & Zoning December 5, 2002 Page 36 of 74 Siddoway: It is zoned I-L. The Comp Plan shows medium density residential. Borup: So when you're talking about the buffer reduction, what's the stipulated buffer between O-T and I-L? Siddoway: It's based on use, not on zoning. Borup: Okay. Okay. The present use is residential? Siddoway: Right. If the joint property did develop industrial under its current zoning, they would actually be required to put in a buffer on their property, because it would be a more intense use next to a school. Borup: Okay. Siddoway: But it would be even more if it were a residence. Wollen: Mr. Chairman, Members of the Commission, unfortunately, I didn't bring my volume of the Idaho Code that has that the provisions on restrictions of sales of alcohol in a school zone or school type environment, but from memory I do believe that, Number 1, this would qualify within that section. Number 2, the rights of a property that wishes to sell alcohol would not vest until that property does -- there is the sale of alcohol on that property as far as grandfathering that property in. That's just from memory, though. Siddoway: Mr. Chairman, I believe Nick is right. I also am going from memory, but I believe the distance is 200 feet. Wollen: Mr. Chairman, Members of the Commission, I can't recall exactly what the distance is either, but that does sound in the ballpark. Siddoway: There is a provision I think we are all aware. Centers: Three hundred for a church. I remember that. Siddoway: Okay. It might be 300 feet. Centers: It might be 300 feet. Siddoway: Okay 300 feet probably is -- Centers: Do you remember that hearing? Borup: Okay any other questions from the Commission? Does the applicant have a presentation they'd like to make? Meridian Planning & Zoning December 5, 2002 Page 37 of 74 Landry: My name is Louis Landry and I am the Co-Director of Friends of Children and Families located at 4709 West Camas in Boise, that's our office. We are a nonprofit program that has been providing the Head Start services in Ada and Elmore County for over a decade. We'd just like, just for the Commission, again, we thank you for the opportunity to be here and the excellent staff work and cooperation we have had throughout the process. We have been providing services to children from Meridian for years. We used to be in -- located in various churches in Meridian and had to move when churches needed the space back. When we were able to inquire the property in Boise, very much like this one that is in a neighborhood on Camas children from Meridian were served and are served today in our site by being bussed to Boise. We have had several parents discouraged from services, because they don't want their children, four year olds, bussed that length of time with increased traffic. It really is a problem. We sought, based on our analysis of the data we had, and met with the Mayor and with members of the City Council Tammy de Weerd about the needs in the community and there is a substantial need to serve -- and our services are for low- income families in the Meridian area. Based on that we were able to get expansion to operate the program so we have -- the operational funds are there. One other significant thing I think to just mention in terms of the cooperation of many entities in the state to make this possible, this project will be funded through a tax exempt bond issue to the Idaho Housing and Finance Association and we will be able to borrow money at three -- at 3.75 percent interest. It's -- I think we have been good stewards of the funds and as taxpayers, I think you should know about that. What we are planning to do is build a really remarkably beautiful facility that will also be, I think, very neighborhood friendly. On November the 30th, Saturday night past, the senior center was very good to us and let us use their facility, because it's just two blocks away. We hosted a neighborhood meeting and 14 of our neighbors, many of whom are here tonight, some of whom have written letters in support and we had an excellent neighborhood meeting where they asked many good, high quality questions about the safety of children and how we will fit in the neighborhood. How we can be neighbors and that went particularly well. We'd love to be here and we work with you. We have got a lot of work and all of these issues -- and, certainly, one obvious one is in terms of the protection of children, there will be a fence all the way around and we will have a playground, that's a key part of our world is to be outside with the children. There will be a playground enclosed in the fence and I don't have in mind the number of feet, but it's a long distance between that fence and the next fence that goes to the canal. Our children are four years of age and they are always supervised on the playground, there are always two teachers out all the time with the children. These are highly supervised situations. In terms of the property line, I have walked the property with a certified arborist, the property has several 100-year-old trees, and we have a plan to keep those trees. They would be key buffers on both sides of the property and that was one of the reasons where the sewer easement issue came up in that the current sewer line that I understand has very little utilization at this point. I think one or two properties are on it, and I think your analysis is that it has even some problems right now with structural integrity, that runs right along the property line where these big trees are and so neither the city, nor we would desire, nor our neighbors, to destroy any of those trees. What we would like to do is work outwith you all that during the construction phase we could work it out so that you could Meridian Planning & Zoning December 5. 2002 Page 38 of 74 have an easement right down that driveway and, therefore, be very serviceable and save trees. I must say that a few of the trees are old and diseased and will have to come out, just based on that, and so I wanted to allay your concerns about that. I don't know if there is anything -- I could go on and on and it's a long night, you have other folks here, and I will stand for questions. You all have patience and I admire your work, that you can do this. Centers: I have -- it's just curiosity. I had heard about the loan from the IHFA. It's nonprofit. Do you rely on grants and donations to pay back that loan? Landry: Well, thank you. Several sources and, by the way -- by and by, this is a large package. We are also building a facility in Garden City on city property, in a city park, and we have three facilities, one in Boise, one in Glenns Ferry, and one in Mountain Home. The three that currently exist are eight percent money, so we are refinancing as part of this. To pay back in our operational funds, we get monies to pay back on the mortgage so we are able to use operational funds to pay at least -- or to pay back on the mortgage. That was provisions of federal code that were approved in 1992 and before that Head Starts couldn't use their money to buy, so they were always in church basements and various places like that and, you know, wonderfully generous, but we moved a lot and some of the situations were less than ideal. Centers: Where does the operational money come from? Landry: These are -- Head Start has been federally supported since 1965 and we have had great bipartisan support. In this project, we already have a g rant from the Ada County Realtors for 7,500 dollars towards the playground. We have already secured those funds. In the Garden City project, I don't want to muddle it too much, but just to mention the Boise Funds has contributed funds towards that and donors come up. We will over the -- we can pay for this and it is all - all the finances are there, but we expect within the next five years that a generous donation may come in to help us payoff our mortgage. Centers: Okay so you rely on donations and federal grants? Landry: Absolutely. Centers: Okay. Landry: Absolutely. Centers: Thank you. Landry: Yes, sir. Borup: Any other questions ask? Thank you. Meridian Planning & Zoning December 5, 2002 Page 39 of 74 Zaremba: Not really a question, just a comment. I think this would be an excellent addition to the city and I understand that you already provide services to Meridian residents and it would be nice to have a facility right here. Landry: We like it in Meridian and we like it in that neighborhood. Yes, sir. Zaremba: And it looks like we have in our packet quite a number of letters of support. Landry: Thank you so much. Borup: Okay. Do we have anyone else to testify? If so, come forward. Pew: My name is Randy Pew. I have property directly across from the proposed site. One of the questions I had -- Borup: Go ahead and state your address. Pew: My property address or my residence? Borup: Your residence your residence. Pew: My property is a 330 West Broadway. My residence is 1329 West Washington in Meridian. Borup: Okay. Pew: One of the things that I am not familiar with, not knowing City Code, is why the switching -- or they want this rezoned from Light Industrial to Old Town. Is there a specific reason for that? Siddoway: Mr. Chairman I can answer that. Schools are prohibited in a Light Industrial zone, but are a Conditional Use Permit in Old Town. Pew: Thank you. One other -- well, a couple of concerns I have here, since they have developed the west end of Broadway into a subdivision, of course, traffic -- the traffic has increased down Broadway considerably over -- since they opened up that end just west of Broadway Manor, if I remember correctly. That's one concern I have there and I'm not familiar with the Comprehensive Plan. The other thing I -- the building at this juncture looks a little out of place for residential area and the surrounding buildings. I know most of the buildings down there are probably 50 years or older from exclusions in and around the area. The building does look to be a little out of place, although, it does sound like a very good plan for kids and so forth. The other -- I guess the other thing I don't see addressed -- and I do not have the Comprehensive Plan -- is the amount of people that are -- children and staff and so forth that are going to be in and around that site at this time. That's all. Meridian Planning & Zoning December 5, 2002 Page 40 of 74 Zaremba: Sir, your property is across the street from this -- Pew: Right. Zaremba: What use is that? Is it a residence or a commercial use or -- Pew: I use it as a rental. Zaremba: A rental residence? Pew: Yes. Zaremba: Okay. Borup: Do we have anyone else? Come forward, sir. Taggart: Commissioners, staff, my name is Dennis Taggart, I live at 436 West Broadway, which is just about five houses down across the street from the property. My concerns and comments tonight are -- have less to do with the program that these folks have put together, which I think is admirable and seems to have addressed most of the issues and have worked hard just to -- for a couple of the issues involved. My concern - - and I will reverse my presentation, to go along with this gentleman, is that this street, Broadway, has become a raceway. I have lived at this location, well, since I was little and then I moved away and came back and I have been there full time since 1989. I have seen quite a change with new apartments and housing being built and it has become a raceway, particularly at the early hours of the morning and coming home hours at night, because people come down off of Meridian and it's a mile of straight road and not enough time to get there. In addition to that, there has been new industrial and commercial uses that have been allowed to go into this area, which has increased the heavy traffic. Some of it is moving also above the speed limit in the way of industrial trucks and even semis and two houses -- two properties to the west of this is a commercial operation that has semi deliveries several times a week. The problems that you face on Meridian Road and Pine with no turn signal, forces an awful lot of that traffic to turn down Broadway to go to 4th Street, which is right behind this property then turn back over to Pine to avoid that left turn at 5:00. It is a significant amount, they are all in a hurry, of course, to get home, and there are many accidents. I'm sure the folks here from the senior center will attest to the fact that it's very difficult with 45 degree parking to curb and backing out onto Broadway, to even deal with that. I'm concerned about the number of people that will be coming here will have to face that and -- because they are at the end of the raceway at 8:00 in the morning. I would suggest that as a condition to this that you throw your weight to Ada County Highway District to put speed bumps or to the Meridian Police Department to put more patrols and some way to eliminate the traffic that speed and the numbers that we have going down that road today. The next street over to the north is Idaho, I believe, and we have got new apartments that have been built there in the last two or three years. There is a section, the one lot that has not been developed, therefore, that piece of road has not been improved and there is a Meridian Planning & Zoning December 5, 2002 Page 41 of74 barricade that stops through traffic on Idaho Street, which forces all those folks to come down either Broadway or Pine. Again, Pine is avoided, because the left turn issue forces all those folks back down Broadway. It is a huge issue and I think it's something that you need to consider in granting this application, is what can you do as a body representing the interest of the public and the city to go to other jurisdictions and get something happening to address that traffic issue. More importantly, I urge you not to approve this project or any project in this area, based only on the fact that this area has been notorious for lack of zone enforcement. There has been allowed uses in the Light Industrial that are not allowed uses or are being done so in violation of zoning conditions and t he complaint to Planning and Zoning and enforcement has f alien on deaf ears. Until and unless the city is ready to enforce the zoning requirements in a Light Industrial, I don't think you should put any of your property with conditions that will not be enforced. I specifically will tell you that two doors to the west is a steel fabrication operation and Light Industrial says that manufacturing and wholesale are to be clean, quiet, free of noise, odor, dust, smoke, and glare and operated entirely or almost entirely with obstructions. There is -- none of this is happening at this location, all of it is visible from the street, there is no building on this fabrication and it happens out in the open, especially since they burned down their shed. There were numerous complaints from the paint spray and, particularly, I'm telling these folks to deal with it, because it goes that way, more than it comes my way. There is noise in the grinding operations in the cutting of the steel and nothing happens there. There is also people residing on the property in Light Industrial and working at this location. There are abandoned cars, unlicensed cars that are parked on the street, which is in violation you can't park on the street for more then 48 hours. There also needs to be a 35-foot setback in the front, there needs to be landscaping, there needs to be sprinkler systems, and that's just this one property. If you go five more properties down, there is a construction yard, a contractor's yard, H&H is parking their trucks down there and that is not allowed in a light industrial zone. In fact, it cannot be located within 300 feet of any residence and there is also someone residing on that property as well. It's limited to storage and maintenance incidental to the contracting work, which does follow that if you say it's a parking lot, then, it must be paved. It must have landscaping, it must have landscaping, must have an engineered stamp, none of these things have happened. If you go two more doors down from that, you have a commercial concrete operation that has been there for as long as I can remember, that allows for -- you cannot have outdoor commercial industrial materials that aren't screened from any residence and that's not happening. There are retail sales of materials out in front there. There is -- again, all the work is out in the open, there is no building there, whatever. These are three things that many of us along that street have been concerned about and have discussed with Planning and Zoning and Zoning Enforcement. We are told basically that they would look into it, but that over at these folk's place, if you're talking enforcement, enforcement informed me that there is not -- and the opinion of counsel, I assume that's you, that we don't have the means or the will to enforce that zoning -- the zoning issues. Until and unless you're ready to enforce the requirements of zoning, I don't see how you can approve a project in this neighborhood that will require that certain requirements be met and if they are not, to have enforcement. With that issue, I thank you very much. Meridian Planning & Zonlng December 5, 2002 Page 42 of 74 Borup: Thank you. Centers: Mr. Taggart, what was your address, please? Taggart: 436 West Broadway. Centers: Okay. Thank you. Taggart: It's about the third house west of 4th Street on the west side. Centers: Thank you. Borup: Do we have anyone else that would like to come forward? Corneally: Can you see me? I live at 322 West Broadway, my name is Mary Corneally, and I have a question about my side of the street. I'm across the street. Personally, I think this would be beautiful site to walk out my door and see the -- what we are talking about tonight. I have a question and I know you don't want to go into that tonight, but what does it do to -- what you have changed, what does it do to my side of the street? Are we light industrial or are we not? Borup: You would stay the same. Their request for zoning is just on their property. Corneally: On that side of the street? Borup: Just on their property only. Corneally: That's an unusual law that they ever did that to start with, one side of the street is, the side of the street not. Borup: Well, the property in this case is zoned just the property they own. Corneally: Right but all up that street -- Borup: Oh, you mean what it was originally zoned. Yes. Corne ally: Yes. Originally zoned and the other side of the street when we found our property, we thought it was zoned the same way. In fact, the realtor told us it was so we had to pay a lot of money to just have a hobby shop behind our house. That was my question, to see if you changed anything. Borup: No. That was before everyone's time around here when that happened. I assume probably because of the proximity to the railroad tracks, but -- Corneally: But I don't really have anything against this. In fact, I think it would add to the neighborhood myself. Meridian Planning & Zoning December 5, 2002 Page 43 of 74 Centers: What was your name again? Corneally: Mary Corneally. Borup: Thank you, ma'am. Anyone else? Nesbitt: My name is Rich Nesbitt. I live at 717 West 2nd Street. I also own the property on the corner of West 4th and Idaho, which would be 331 West Idaho. I have the unique opportunity to experience the traffic flow that comes since they put the stop light in at Pine and that's my major concern. I didn't get a chance to attend the town meeting, I appreciate the opportunity, but, I'm sorry, I just didn't get a chance to make it. I don't if anyone's discussed it with Ada County yet. I would not like to see speed bumps through there. I think they are just sort of like a place to do wheelies with is what people use them for. They did put a stop sign on the corner of West 4th and West Idaho going I guess east and west there to try to help slow down the traffic a bit and I would like to see something addressed about the traffic that's going to occur when we put this in. I understand they are going to be busing kids in, but I would imagine they are also going to have cars bringing the kids in during the rush hour traffic. It's just -- it's like an Indy 500 in there sometimes, cars are just zipping through the neighborhood trying to get around and trying to get home. I don't know what the solution might be for that. I'm not opposed to having a school there, I think it would be a nice thing to do, but I am concerned about the traffic it would bring. Thank you. Borup: Thank you. Anyone else? Okay. Mr. Landry, do you have any final comments? Landry: Just a few. I appreciate the late hour. In terms of Mr. Taggart's concerns and they are very understandable, I might just mention that in Boise where our Head Start is located, I'm the president of the neighborhood association, so I work with our neighborhood a lot. Just to assure you and Mr. Taggart, we are the kind of organization that if you put conditions on us, we will abide by them. We will live up to that and that is our reputation and on every one of properties that how it goes. In terms of the traffic, we did discuss this at length with neighborhood meeting and definitely heard an issue that I have heard a lot around all of our schools, because it's in all of the neighborhoods, increasing traffic on side streets in Boise and Meridian. We are right across the street from Cassia Park, there are speed bumps, we find young people -- and not to just to lay it there, but predominately a lot of the kids that pull out of that park -- and it's a race from one speed bump to the next. We have definitely worked a lot in our neighborhood on trying to do traffic calming. For example, on our little yellow school buses, we are the pace cars, so we have got together with Smart Growth, and we are a pace car. Our drivers drive the speed limit and that slows traffic down and we encourage and we work with our parents around the safety issues of their children that they become pace car people that will slow the traffic. There has been a lot of variety of remedies to slow traffic. Speed bumps are one. We are not traffic experts. I personally haven't seen a great success. The other thing that I can assure the neighborhood is that we work extensively with the neighborhood police. When had our open house in Garden City, Meridian Planning & Zoning December 5, 2002 Page 44 of 74 almost the entire Garden City Police Force was in attendance that night. They'd come over, they'd visit the school, they made presentations, and those police cars parked out front had a traffic calming effect. The other thing is they bond with the program and they come around a lot more so we have had those kind of, I think, salutary effects on traffic in our neighborhoods. We will work with the neighbors just in general because it's tough on all of us in the way our neighborhoods have become raceways. See we will work together with our neighbors to make sure that we don't have an adverse effect in the way. Mathes: Someone had a question on how many kids. Landry: Oh. We are funded for 34 children. There are 17 in the classroom that we have funded for. We can, with expansion over time -- I don't have funds for expansion beyond that. In time we have done A.M. and P.M. shifts. An A.M. shift starts at 8:00 and is over at noon, the other one is noon to 4:00, and those are our hours. Right now, on average, we bus 21 -- 78 percent of our kids and about 21 percent are brought by families. We have several centers and this is a neighborhood where there are a number of families that live in the neighborhood, we would really like to encourage the families to walk their children to school. Centers: More curious question. What's the maximum income for a family to qualify? Landry: Well, it's graded by size, but it's about 14,600 for a family of four, just to give you a sense. Centers: Excellent program. Landry: Thank you, sir. Borup: Okay. Thank you. Commissioners? Rohm: Mr. Chairman, I had a question of staff. Borup: Okay. Rohm: Back to this Landscape Ordinance and the conversion to Old Town and the fact that those two seem to be a little bit in conflict. It seems to me that when an applicant comes before us with a request to move to an Old Town, wouldn't it also be accompanied by a Variance request, if, in fact, the Landscape Ordinance could not be adhered to and still keep within the flavor of Old Town? Siddoway: Two answers for you. The first is that the Landscape Ordinance has an outlet for these small in-fill lots called alternative compliance that allows them to submit, through a staff level review, for an alternative that we would deem as meeting the intent of the ordinance to the extent feasible. That would not require them to do a Variance. It's a way to limit the number of Variances in situations where we deem that the Meridian Planning & Zoning December 5, 2002 Page 45 of 74 application meets the intent of the ordinance and maximizes the use as much as possible. T he second answer to your question is there is always going to be these issues, especially with buffers between land uses in Old Town. To address that we are now working on some new design standards for Old Town specifically and it does a lot more than just landscaping, but that is one of the items that we are looking at. That's not yet adopted, but that's probably the right way to address it is other adopt standards for Old Town that make sense for Old Town. Rohm: And I think that's where I was going with this is it seems like there is always that conflict there and if, in fact, you address it up front, then, each time one of these developments came forward, you wouldn't have that as a quote, unquote, issue. Siddoway: I totally agree and so we are trying to adopt a new ordinance for Old Town. Rohm: Thank you. Centers: But yet, I agree with the flexibility. We don't have any neighbors here tonight complaining it and we don't -- on either side of the property and that's what I look at and consider. While I've got the floor, I noted that we have two neighbors down the street at 424 and 417 Broadway, two different people that write letters highly in favor of this project. The lady right across the street at 322 West Broadway is anxious to see it and just wondering about her zoning, which, of course, stays the same. You know, I'm highly in favor 0 f t he project. I think most of t he neighborhood is a nd a lot 0 f 0 ther people wrote letters that have worked at Head Start. I think we personally need to move forward and make them comply with the staff comments and go forward. Zaremba: I would just add, since Commissioner Centers brought it up, I think we should at least read into the record the names of the people that have sent us letters. I mentioned James Cain earlier, who was in favor with some conditions. The letters that we have received are from Patty Miles, Marion Watson, Cara Curbs, Molly Strokeman, Jan Cox, and Craig and Dawn Downen, all appear to be in favor of this project. Borup: Thank you. The hearing is still open. Centers: I move we close the Public Hearing. Zaremba: Second. Borup: Motion and second to close the Public Hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES Centers: Mr. Chairman, I'd like to make a motion that we recommend approval to the City Council for Item 8, Public Hearing RZ 02-006, request for rezone of 0.85 acres from I-L to O-T for Meridian Head Start by Friends of Children and Families, Incorporated, at 321 and 333 West Broadway Avenue, including all staff comments. Meridian Planning & Zoning December 5, 2002 Page 46 of 74 Zaremba: I would like to make an amendment to that. Staff site-specific requirement number two was that they tile Rutledge Lateral. Centers: That wasn't on the zoning. Was that on the zoning? Zaremba: I'm sorry it's not on the zoning. It's on the CUP. I second his motion as it stands. Borup: Okay. Motion and second. Any discussion? All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES Centers: Continuing on. I would recommend approval to the City Council for Item 9 on our agenda, Public Hearing CUP 02-037, request for a Conditional Use Permit for a two-classroom center serving young children and families and a 400-square foot community meeting room for Meridian Head Start by Friends of Children's and Families, Incorporated, at 321 and 333 West Broadway Avenue. Including all staff comments, with the additional tiling would not be required and a fence in lieu of. That was the only other thing that I could see and all other staff comments. Borup: That's a modification to Site-Specific Requirement Number 2 on Page 7. Centers: Yes. Zaremba: I'll second that one. Borup: Motion and second. All in favor? Anyopposed? Thank you. MOTION CARRIED: ALL AYES Zaremba: Before we move on, though, I would like to comment that Mr. Talbot brings up some very heavy subjects in that neighborhood. I agree with not holding this project hostage to those, but the city does need to make sure that its codes are being enforced. Siddoway: Well, let me just offer this we hired a new Code Enforcement Officer this week. He is -- the Code Enforcement Officers we have had up until now are focusing primarily on weeds, cars, and things like that. This Code Enforcement Officer is to enforce zoning regulations, conditions of Conditional Use Permits, signs, and the like so if that gentleman would contact -- Zaremba: I would invite Mr. Talbot to make that list -- Taggart. I'm sorry to make that list in writing. It was a very comprehensive and important list. I appreciate it, every item you brought up but if you would put that in writing and forward it to Planning and Zoning, I think that would helpful. Meridian Planning & ZonIng December 5, 2002 Page 47 of 74 Siddoway: It is very good and we will have to see what conditions of approval exist that we can enforce. We will have to keep in mind that some of those may be legal nonconforming uses, but that is something that we can look into, definitely. Zaremba: Thank you. Thank you for your thought on that one. Borup: Thank you. Mr. Landry, could you use these extra plans? Okay. Our next item is Public Hearing RZ 02 dash -- Commissioners, do we want to continue on or does anybody need a break? Rohm: Let's take a break. Borup: Okay. We'll take a short break at this time. (Recess at 9:25 P.M.) (Reconvene at 9:38 P.M.) Item 10. Public Hearing: RZ 02-007 Request for a Rezone of 2.83 acres from R- 4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church - 428 and 506 West Pine Avenue: Borup: I think we are ready to reconvene. The next item is Public Hearing RZ 02-007, request for rezone of 2.83 acres from R-4 to L-O zones for Meridian First Baptist Church by the Meridian First Baptist Church at 428 and 506 West Pine Avenue. At this time, I will open this Public Hearing and start with the staff report. Siddoway: Thank you, Mr. Chairman, Members of the Commission. This is a requested rezone for just over two and a half acres along Pine Avenue. It's an existing church from Meridian First Baptist Church. The properties are outlined for you on the vicinity map. Let's see. This is an existing site photo of those properties today. You can see the existing church and the surrounding residential uses. This is a photo taken from street level -- today, actually, of the church. The current zoning there is R-4 and this is similar to two other applications you have seen recently of a church in an existing R-4 zone, rezoning to limited office, to clean it up and make it a situation where the church is a permitted use and not a prohibited use. You should have a staff report dated November 27th. Staff does support the requested rezone to L-O. There are six conditions of approval on the property and we would recommend approval of this rezone application with those conditions. I'll stand for any questions. Borup: Thank you. Any questions? Does the applicant have anything they'd like to add to what the staff report -- Touchstone: My name is Justin Touchstone I live at 400 West Farmall Way in Kuna, Idaho. As you can see, it's a pretty straightforward application. We are looking to just clean it up. We have recently purchased the house right next door, as you can see, to