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HomeMy WebLinkAbout7/17 MinutesMeridian Planning 8 Zoning July 17, 2008 Page 35 of 71 Moe: That's correct. Newton-Huckabay: Are the only modifications. After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number PFP 08-001 as presented in the staff report for the hearing date of July 17th, 2008, with the following modifications to the conditions of approval: That condition of approval 1.2.4, in reference to evidence of any right of way construction be removed and 1.3.1, which discusses the sidewalk being installed, be removed. End of motion. Rohm: Second. Moe: It's been moved and seconded to recommend approval to the City Council of PFP 08-001 with the modifications as noted. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from June 5, 2008: AZ 08-004 Request for Annexation and Zoning of 318.74 acres from RUT to R-4 (69.72 acres), R- 8(192.20 acres) and R-15 (56.82 acres) for Oakcreek by Norpac, LLC - east of N. McDermott Road, west of N. Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast comers of W. McMillan Road and N. McDermott; and near the southwest comer of W. McMillan Road and N. Black Cat Road: Item 10: Continued Public Hearing from June 5, 2008: PP 08-003 Request for Preliminary Plat approval of 139 lots including: 118 residential lots and 21 common lots on 30.72 acres in the proposed R-8 zoning district for Oakcreek by Norpac, LLC - east of N. McDermott Road, west of N. Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast comers of W. McMillan Road and N. McDermott; and near the southwest comer of W. McMillan Road and N. Black Cat Road: Moe: At this time I'd like to reopen the continued public hearings AZ 08-004 and PP 08- ~ 003, for Oakcreek for the sole purpose of continuing those to the regularly scheduled Planning and Zoning meeting of August the 21 st, 2008. O'Brien: So moved. Marshall: Second. Moe: It's been moved and seconded to continue AZ 08-004 and PP 08-003 for Oakcreek to August 21 st, 2008. All those in favor say aye. Opposed? That motion carries. Meridian Planning & Zoning July 17, 2008 Page 36 of 71 MOTION CARRIED: ALL AYES. Item 11: Public Hearing: CUP 08-014 Request for Transfer of a Conditional Use Permit (CUP 04-029) to continue operating a daycare center from an existing home in an R-8 zoning district for Harmony Preschool by Michelle Hutchings -1258 E. Cougar Drive: Moe: At this time I'd like to open the public hearing on CUP 08-014 for the Harmony Preschool and ask the staff to report. Parsons: Thank you, Mr. Chairman, Members of the Commission. This is the Harmony Preschool project. This site is located at 1258 East Cougar Creek Drive. It's primarily surrounded by single family residential dwellings, zoned R-8. Here is the aerial shot of the project. One thing I'd like to point out is even though this is a single family home; it is primarily used for business, so no one lives on the premises after business hours. Here is the site plan for the project. Essentially, what you're seeing before you tonight is what was approved with the previous approval. History of this -- back in 2004 the Commission granted - the site obtained CUP approval for a day care facility for up to 25 children. The applicant, again, is coming in with the same thing; they are not proposing to change anything. The only reason why they are coming in for, essentially, a modification to the CUP is because of change of ownership. The applicant is proposing to purchase the property and take over the business. The only issue for tonight is, basically, in the UDC -- today's requirements we require non-scalable fencing for outdoor areas for a preschool school or day care facilities and if I can go back to the aerial here, you can see that there is the canal that runs adjacent to the northem property boundary and currently there is a chain link fence, which in our mind is a hazard -- is a potential back there for children to scale that fence and get access to that canal. I know the applicant has informed me that Nampa-Meridian Imgation District would prefer to leave that fencing in place. Staff would -- and the applicant's also proposing to put some slats in there to try to make it less of a non-scalable fence, but we still feel that there is a chance that a child could still climb that fence. So, we would prefer to see wrought iron -- keep it open view, maybe do some wrought iron, which kind of limits that hazard from happening. Also, the applicant -- or staff has received at least six letters from surrounding neighbors and clients of the property in favor of the project. Also received one letter for denial of the project. The neighbors -- one of the neighbors were concemed about the increased traffic. It's kind of been an ongoing complaint from that person. Also, we received a letter from the applicant. They want to discuss the fencing issue tonight, as well as the parking. I believe in the staff report I had made comment that you guys see fit, if this is adequately parked, based on that approval, what was approved, then, it's still -- again, nothing's changing. It has five car parks and that's where they are proposing to stay at. So, with that staff is recommending approval and I will stand for any questions. Newton-Huckabay: Mr. Chair? Moe: Commissioner Newton-Huckabay.