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HomeMy WebLinkAboutGretchen Sherwood CUP .~ Meridian City Council September 19, 1995 Page 28 Morrow: Mr. Mayor, I move that we approve the or adopt the findings of fact and conclusions of law as approved by the P & Z. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law as adopted by P & Z, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Mon-ow: Mr. Mayor, I would move that we approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the Conditional use permit for a quick tube conditioned on the conditions set forth in the findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: CONDITIONAL USE PERMIT REQUEST FOR A NAIL SALON BY GRETCHEN SHERWOOD: Kingsford: Does Council have questions of the applicant? Morrow: Could we have the applicant make a short presentation to us? Kingsford: Would you make a brief presentation as to your intents and so forth. Sherwood: Do I just ~. Kingsford: Outline where you are at and what it is you plan to do. Sherwood: I have one room out of my home, I am on the corner of 2nd and Ada. I am already in the process of remodeling it to the specifications of the board of cosmetology Meridian City Council September 19, 1995 Page 29 for a nail shop. I would be the only nail technician in there and I would be working part time having about 15 to 20 clients a week. Kingsford: Any other questions then of the Council? Thank you. What is the Council's pleasure? Morrow: Mr. Mayor, I would move that we approve the findings of fact and conclusions of law, I am sorry I would move that we adopt the findings of fact and conclusions of law as approved by P & Z. Tolsma: Second Kingsford: Moved by Walt, second by Ron to adopt the findings of fact and conclusions of law as prepared for P & Z, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow: Mr. Mayor, I move that we approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the conditional use permit as set forth in the findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #21: GERRY SWEET: CONCERNS ON PROPOSED EXPANSION OF CHERRY LANE GOLp COURSE: Kingsford: I do not see~llr. Sweet, we will move on then. ITEM #22: LOUISE BRONSON: BUS SERVICE FOR MERIDIAN: Kingsford: Are they aware of the time and place of the meeting? MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 19 1995 APPLICANT: GRETCH~SHERWOOD ITEM NUMBER; ~ 2 ~ REQUEST; CONDITIONAL USE PERMIT REQUEST FOR A NAIL SALON AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS MINUTES FROM 8-8-95 P 8~ Z MEETING SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ /'~ Meridian Planning & Zoning Commission August 8, 1995 Page 17 Burrup: That is all being processed now, all being moved. Alidjani: (Inaudible) in there, is that fireplace going to be used in the wintertime? Burrup: No, and it wasn't for some time after (inaudible) found out he couldn't use it. Johnson: Anything further? Thank you Mr. Burrup, this is a public hearing, is there anyone else that vuould like to come forward and address the Commission at this time? Seeing no one then I will close the public hearing. We need findings of fact prepared on this. Rountree: So moved Alidjani: Second Johnson: Moved and seconded that we have the City Attomey prepare findings of facts on the conditional use permit request for a quick tube shop by Jay Burrup, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A NAIL SALON BY GRETCHEN SHERWOOD: Johnson: I will now open the public hearing and invite the applicant or representative to address the Commission. (End of Tape) Gretchen Sherwood, was sworn by the City Attorney. Shenn~ood: I have changed a room in my home within the specifications of the Idaho Board of Cosmetology to have a salon for just one nail technician, me. It is going to be a part time salon. I don't know what other questions you may have. Johnson: Okay, thank you very much, any questions of Gretchen? Rountree: How many customers would you anticipate in a day, just average? Sherwood: I would anticipate between 15 to 20 a week. In one of the memos that I received, the sewer and water asked if there would be any changes by having this. There shouldn't be, the clients vwuld just be washing their hands once and most of the time they Meridian Planning & Zoning Commission August 8, 1995 Page 18 don't use the restroom but there is access to a restroom, so there shouldn't be a change. Johnson: You indicated, I believe you indicated part-time, do you have any idea of your hours, your business hours? Sherwood: No, I will just leave that up to the clients, what is convenient for them. Johnson: There was a statement made by staff regarding and you probably read that, the operating hours should not impact the neighborhood, so in other words late at night or early in the morning. Would you anticipate that being a problem. Sherwood: Early in the morning, I have a few clients already, I just left a salon called Fingerprints in Boise and they are business women they would come, my last appointment probably would be 5:30 starting at 5:30 and it takes usually about an hour after that. Johnson: Thank you, anyone else have any questions? Thank you, this is a public hearing is there anyone that would like to address the Commission on this application? Seeing no one then I will close the public hearing at this time. We need a motion for findings of fact. Alidjani: Mr. Chairman, I make a motion we ask the City Attorney to draw findings of fact. Shearer: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact on the conditional use permit request for a nail salon by Gretchen Sherwood, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A GROUP DAY CARE BY JUDY WILSON: Johnson: At this time I will open the public hearing and invite the applicant or her representative to address the Commission. Judy Wilson, 1239 Elm Court, was swum by the City Attorney. Wilson: 1 am Judy Wilson and I would like to obtain a Conditional Use Permit for my home to do day care. I didn't know if any of you would have any questions. I think that the facilities that we have would be appropriate to watch children. HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; NAIL SATAN @ 203 E. Ada Street - (Gretchen Sherwood) (Request for Conditional Use Permit) COUNCIL ti"Eti"BERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER August 1, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Sanitary Sewer and Water services are existing at the proposed site. Assessment fees for sewer and water service were paid by the builder at the time the building permit was issued, however at that time the proposed use is strictly a residents. Applicant will responsible to supply the Public Works Department with information as to the additional impact the new proposed use will have on water and sewer usage. Additional Assessment fees may be charged against this account to cover the additional impact. Applicant will be required to enter into a Re-Assessment Agreement at this time. C: \W PWIN60\GENERAL\SHERWOOD. P&Z v~ OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 8 Z Adm. KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-0433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P b Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD Mayor MEMORANDUM TO: Planning & Zoning Commission, Mayor and City Council FROM: Shari Stl es, P arming & Zoning Administrator DATE: August 4, 1995 SUBJECT: Conditional Use Permit for a Nail Salon by Gretchen Sherwood Applicant's home is located at the southeast corner of East Second and Ada Street in Old Town. As no commercial use has previously been approved for this property, a conditional use application was required. I believe the request complies with the goals and policies of the Meridian Comprehensive Plan for Old Town. Off-street parking requirements are one space, paved in accordance with City Ordinance. Hours of operation should not impact adjacent residential properties. I recommend that the conditional use be granted in accordance with staff and agency comments and that the proper State licensing requirements are met, with evidence furnished to the City. ff= ? r-~ ~ r ~ ~ ~ ~. BEFORE THE MERIDIAN PLANNING AND ZONING COI~IISSION GRETCHEN SHERWOOD CONDITIONAL USE PERMIT FOR NAIL SALON 203 E. ADA STREET MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing August 8, 1995, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two ( 2 ) consecutive weeks prior to the public hearing scheduled for August S, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 8, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and the Applicant is the owner of the property; the property is described in the application which description is incorporated herein. 3. That the property is zoned Old Town, which requires a FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERWOOD PAGE 1 conditional use permit for the operation of a nail salon which the application requests. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT1 Old Town District: The purpose of the (OT) District is to accommodate and encourage further .expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi- public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 6. That sewer and water is available to the property. 7. That the Applicant is currently operating her nail salon in the home, located at 203 E. Ada Street and requests the conditional use permit; that the part-time salon will occupy a room at the residence and be operated by herself in accordance to Idaho Cosmetology Law and Regulations. 8. That Mrs. Sherwood testified that an average of 15 to 20 customers in a week could be anticipated; that the hours would more or less to left up to the clients; that the last appointment FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERWOOD PAGE 2 ~ ~ probably would be at 5:30 and that appointments usually last up to one (1) hour; that there is access to a restroom for the client's use and she would pay any additional sewer, water, or trash fees. 9. That the Meridian Planning and Zoning Administrator submitted comments, stating that off-street parking requirements are one space, paved in accordance with City Ordinance and that hours of operation should not impact adjacent residential properties; that proper State licensing requirements be met, with evidence furnished to the City. 10. That the City Engineer's office submitted comments, stating that the Applicant will be responsible to supply the Public Works Department with information as to the additional impact the new proposed use will have on water and sewer usage and that additional assessment fees may be charged and that the Applicant shall enter into a Re-Assessment Agreement at that time. 11. That Central District Health Department, and Meridian Police Department and Meridian Fire Department submitted comments and they are hereby incorporated herein as if set forth in full. 12. That no other public testimony was given. 13. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. coxcLUSioNs 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERWOOD PAGE 3 ~ ~ within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERWOOD PAGE 4 requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use is required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the comments of the City Engineer's office and the Planning and Zoning Administrator must be met and complied with. 6. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, all parking and landscaping requirements. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED f D a ~' S/''""`( VO COMMISSIONER SHEARER TE COMMISSIONER ALIDJANI VOTED~.~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED /~ ~~ ~ ~~ ~' ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERWOOD PAGE 5 DECISION AND RECOl~IIYLSNDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERWOOD PAGE 6 /'\ OFFICIALS WILLIAM G. BERG, Jr., Gty Clerk JANICE L GA83, Clty Troasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Watsr Wake Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b 2 Adm. KENNETH W. BOWERS, Flro Chlsf W. L. "BILL" GORDON, Pollee Chlef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY COUNCIL MEMBERS RONALD R. TOLSMA A Good P1aoC to Live MAX YERRINGTON ROBERT D. CORRIE CITY OF 1VIERIDIAN PBZ~MM ~ N 33 EAST IDAHO JIM JOHNSON, Chalm,an MOE ALIDJANI MERIDIAN, IDAHO 83642 ~~~~D~ /!t~® JIM SHEARER CHARLIE ROUNTREE V l~ Phone (208) 888x4433 • FAX (208) 887813 s TIM HEPPER Public Works/Btlildin8DeRartment (208) 887-2211 GRANT P. ®NGSFORD Mayor 21 ~ U L 1995 NAMPA & MERIDIAN IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 1 1995 TRANSMITTAL DATE: 7118195 HEARING DATE: 818195 REQUEST: Conditional Use Permit for a nail salon BY: Gretchen Shenyood LOCATION OF PROPERTY OR PROJECT: 203 E Ada Street JIM JOHNSON, P2 MERIDUUV SCHOOL DISTRICT. MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM 8 FINAL PLAT) MAX YERRINGTON, C!C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: atera s an waste ways POLICE DEPARTMENT must be protected. Municipa sur ace rainage must CITY ATTORNEY be retaine on site. If any sur ace drainage eaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that irrigation water be made av ailable to all developments within this District. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Mocyte at 343-1884 or 466-7861 for further information. Bill Henson, Assistant water ~uperinLenaenL Nampa & Meridian Irrigation District /'~ ~.~ J l! ~ z 1 ,~,t:~ NOTICE OF HEARING QTY OF I~~ v E `: e~~N NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on August 8„ 1995, for the purpose of reviewing and considering the Application of Gretchen Sherwood, for a Conditional Use Permit for land located in Lots 5 and 6, Block 7 of Bower's Second Addition, Boise Meridian, Ada County, Idaho, and which property is generally located at 203 E. Ada. The Application requests a Conditional Use Permit to operate a nail salon. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 17th day of July, 1995. WILLIAM G. BERG, JR., LERK ~.~ '~~'~ ~ ~~ ~~~. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact ~ f~ ~t> ~~-~~-- 1995. and Conclusions of Law on this ~ day of ~- ,~ COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) . APPROVED ~~ 1 VOTED VOTED VOTED VOTED VOTED, DISAPPROVED FINDINGS OF FAC~ AND CONCLUSIONS OF LAW - ~~~~`~~ Gam" /'~ n Meridian Planning & Zoning Commission September 12, 1995 Page 3 ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT REQUEST FOR A QUICK LURE SHOP BY JAY BURRUP: Johnson: Any comments or discussion regarding these findings of fact as prepared by the City Attorney? Alidjani Mr. Chairman, I make a motion that the Planning and Zoning Commission hereby adopt and approve these findings of fact and conclusions of law. Rountree: Second Johnson: Moved and seconded we approve the findings of fact as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Absent, Alidjani -Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? Alidjani: Mr. Chairman, I make a motion that the Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set. forth in the findings of fact and conclusions of law. Rountree: Second Johnson: Moved and seconded to pass a recommendation onto the City Council as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT REQUEST FOR A NAIL SALON BY GRETCHEN SHERWOOD: Rountree: Mr. Chairman {inaudible) I would propose or make a motion that we approve the findings of facts and conclusions of law for items 7, 8, 9 and 10 as a consent approval. Hepper: Second Johnson: Any discussion? That is a motion and a second to blanket approve the findings ~ ~ Meridian Planning & Zoning Commission September 12, 1995 Page 4 of fact for items 7, 8, 9 and 10. Does anyone have any objection to that since we have a roll call vote. Does anyone wish to have an individual vote on any of those items? If not then, we will have a roll call vote. ROLL CALL VOTE: Hepper -Yea, .Rountree -Yea, Shearer -Absent, Alidjani -Yea MOTION CARRIED: All Yea Johnson: Any recommendations on to the City? Rountree: Mr. Chairman I move that we approve the recommendations and decisions as written for items 7, 8 and 9 and 10. Hepper: Second Johnson: We have a motion and a second to pass a favorable recommendation on as stated in the findings of fact to the City Council, does anyone wish to question any individual item on that blanket motion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR VACATION OF A 20' EASEMENT IN CENTRAL VALLEY CORPORATE PARK NO. 1 LOT 5, BLOCK 1 BY JEFF COFFER: Johnson: I will now open the public hearing and invite the applicant or his representative to address the Commission at this time. Charlie Gongre, Roylance Engineering, 4619 Emerald, Boise, was sworn by the City Attorney. Gongre: We are requesting the relinquishment of a 20 foot easement on the west and north side of Lot 5, Block 1 and replacing it with 5 foot easements. I am available to answer any questions that you have. Johnson: Thank you, I should point out to the Commission that we are receipt of a letter dated September 11th from ACHD on this matter, does everyone have a copy of that? Any questions for the applicant? Rountree: Have you seen the comments from the City Engineer as well as the comments from ACHD? ~~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER 12 1995 APPLICANT: GRETCNEN SHERWOOD _ AGENDA I TEM NUMBER: 7 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FORA AIL SALON AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS FINDINGS OF FACT AND CONCLUSIONS of LA ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: /'1 ~Ik~, ~~ Y e~~~ ~~~ 7 ~„~~ OTHER: III Materials presented at public meetings shall become property of the City of Meridian. ~-. X00 Ali BEFORE THE MERIDIAN PLANNING-AND ZONING COMMISSION GRETCHEN SHERWOOD CONDITIONAL USE PERMIT FOR NAIL SALON 203 E. ADA STREET MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing August 8, 1995, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2j consecutive weeks prior to the public hearing scheduled for August 8, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 8, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and the Applicant is the owner of the property; the property is described in the application which description is incorporated herein. 3. That the property is zoned Old Town, which requires a FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERWOOD PAGE 1 t n conditional use permit for the operation of a nail salon which the application requests. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi- public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 6. That sewer and water is available to the property. 7. That the Applicant is currently operating her nail salon in the home, located at 203 E. Ada Street and requests the conditional use permit; that the part-time salon will occupy a room at the residence and be operated by herself in accordance to Idaho Cosmetology Law and Regulations. 8. That Mrs. Sherwood testified that an average of 15 to 20 customers in a week could be anticipated; that the hours would more or less to left up to the clients; that the last appointment FINDINGS OF FACT AND CONCLUSIONS OF LAW - SflERWOOD PAGE 2 probably would be at 5:30 and that appointments usually last up to one (1) hour; that there is access to a restroom for the client's use and she would pay any additional sewer, water, or trash fees. 9. That the Meridian Planning and Zoning Administrator submitted comments, stating that off-street parking requirements are one space, paved in accordance with City Ordinance and that hours of operation should not impact adjacent residential properties; that proper State licensing requirements be met, with evidence furnished to the City. 10. That the City Engineer's office submitted comments, stating that the Applicant will be responsible to supply the Public Works Department with information as to the additional impact the new proposed use will have on water and sewer usage and that additional assessment fees may be charged and that the Applicant shall enter into a Re-Assessment Agreement at that time. 11. That Central District Health Department, and Meridian Police Department and Meridian Fire Department submitted comments and they are hereby incorporated herein as if set forth in full. 12. That no other public testimony was given. 13. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERWOOD PAGE 3 within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERWOOD PAGE 4 requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use is required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the comments of the City Engineer's office and the Planning and Zoning Administrator must be met and complied with. 6. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, all parking and landscaping requirements. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED f O a ~' Sr'"'`~ COMMISSIONER SHEARER V TED COMMISSIONER ALIDJANI VOTEDI,/~ ~J CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~/ ~~ `~'~ i FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERWOOD PAGE 5 n DECISION AND RBCO~NDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERWOOD PAGE 6 Meridian Planning & Zoning Commission August 8, 1995 Page 17 Burrup: That is all being processed now, all being moved. Alidjani: (Inaudible) in there, is that fireplace going to be used in the wintertime? Burrup: No, and it wasn't for sometime after (inaudible) found out he couldn't use it. Johnson: Anything further? Thank you Mr. Burrup, this is a public hearing, is there anyone else that would like to come forward and address the Commission at this time? Seeing no one then I will close the public hearing. We need findings of fact prepared on this. Rountree: So moved Alidjani: Second Johnson: Moved and seconded that we have the City Attomey prepare findings of facts on the conditional use permit request for a quick tube shop by Jay Burrup, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A NAIL SALON BY GRETCHEN SHERWOOD: Johnson: I will now open the public hearing and invite the applicant or representative to address the Commission. (End of Tape) Gretchen Sherwood, was sworn by the City Attorney. Shennrood: I have changed a room in my home within the specifications of the Idaho Board of Cosmetology to have a salon for just one nail technician, me. It is going to be a part time salon. I don't know what other questions you may have. Johnson: Okay, thank you very much, any questions of Gretchen? Rountree: How many customers would you anticipate in a day, just average? Sherwood: I would anticipate between 15 to 20 a week. In one of the memos that I received, the sewer and water asked if there would be any changes by having this. There shouldn't be, the clients would just be washing their hands once and most of the time they /'~ Meridian Planning & Zoning Commission August 8, 1995 Page 18 ~-t don't use the restroom but there is access to a restroom, so there shouldn't be a change. Johnson: You indicated, I believe you indicated part-time, do you have any idea of your hours, your business hours? Sherwood: No, I will just leave that up to the clients, what is convenient for them. Johnson: There was a statement made by staff regarding and you probably read that, the operating hours should not impact the neighbofiood, so in other words late at night or early in the morning. Would you anticipate that being a problem. Sherwood: Early in the morning, I have a few clients already, I just left a salon called Fingerprints in Boise and they are business women they vuould come, my last appointment probably would be 5:30 starting at 5:30 and it takes usually about an hour after that. Johnson: Thank you, anyone else have any questions? Thank you, this is a public hearing is there anyone that would like to address the Commission on this application? Seeing no one then I will close the public hearing at this time. We need a motion for findings of fact. Alidjani: Mr. Chairman, I make a motion we ask the City Attorney to draw findings of fact. Shearer: Second Johnson: We have a motion and a second to have the City Attomey prepare findings of fact on the conditional use permit request for a nail salon by Gretchen Sherwood, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A GROUP DAY CARE BY JUDY WILSON: Johnson: At this time I will open the public hearing and invite the applicant or her representative to address the Commission. Judy Wilson, 1239 Elm Court, was sworn by the City Attorney. Wilson: I am Judy Wilson and I would like to obtain a Conditional Use Permit for my home to do day care. I didn't know if any of you would have any questions. 1 think that the facilities that we have would be appropriate to watch children. /i'\ MERIDIAN PLANNING & ZONING COMMISSION MEETING: AUGUST 8 1995 APPLICANT: ~cTMUC~u SHERWOOD _ AGENDA I TEM NUMBER: 15 REQUEST: PUBS K' HEA.R~NG CONDITIONAL USE PERMIT REQUEST FOR A NAIL SALON AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" U~`' CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED COMMENTS 4 rr~~~~ ~ U4 ~ ~~~ SEE ATTACHED COMMENTS C~re~C~v2 ~~~ ~4 ~~ ~, Qr~a°°~~ ,5 h All Materials presented at public meetings shall become property of the City of Meridian. CENTRAL CENTRAL DISTRICT HEALTH DEPARThIENT •• DISTRICT Environmental Health Division H EA ET H Re,tuo Boise DEPARTMENT ~' f. ^ Eagle Rezone # ^ Garden city Conditional Use # ~'-/ZE~z"/f~ S/~--~2 w~ ~~~ ~r~/L S~,a~ Meridian ^ Kuna Preliminary /Final /Short Plat ^ ACZ ~. We have No Objections to this Proposal. /^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ I o. Street Runoff is not to create a mosquito breeding problem. ^ I I . Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~, r ^ 15. Date: ~/ /~ Reviewed By: CDHD 10/91 rcb, rev. I/9S