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City Engineer
P&Z Coaunission
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MERIDIAN CITY COUNCIL MEETING JULY 20 1999
The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on
July 6, 1999 by Mayor Corrie.
MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree.
OTHERS PRESENT: Mayor Bob Corrie, Will Berg, Bill Gordon, Tom Kuntz, Gary Smith,
Shari Stiles, and Steve Rutherford.
Corrie: I'll open the Meridian City Council Meeting, Tuesday July 20, 1999, 7:30 p.m.
Mr. Clerk could you have the roll call please? Thank you. I want to welcome everybody
here this evening and thank you for coming. Council you have the consent agenda,
Item A approval of the minutes from the previous meeting held July 6, and then Item B
the authorization for real estate purchase and sales agreement.
Bentley: Mr. Mayor.
Corrie: Mr. Bentley.
Bentley: I move we approve consent agenda items A & B.
Corrie: Do I hear a second?
Bird: I'll second it.
Corrie: Ok. On this the attorney will have to draw up a resolution and present that to
you at the next regular scheduled meeting in August, and if you have any questions
there. Any other discussions?
Bird: Mr. Mayor? That's when we get the resolution in and we'll discuss it?
Corrie: Right, that's correct.
Bird: That answered my question.
Corrie: Motion made and seconded we approve the consent agenda. All in favor
say aye.
MOTION CARRIED: ALL AYES
Corrie: Opposed, nay. All ayes.
ITEM #1 TABLED 7/6/99: APPEAL OF ZONING ADMINISTRATOR'S
CONDITIONAL USE PERMIT REQUIREMENT BY CINDY CHACE d/b/a KID'S CLUB:
Corrie: Shari, we'll have you go first.
• •
Meridian City Council Meeting
July 20, 1999
Paget
Stiles: Mr. Mayor and council I believe this was tabled so they could come up with
some additional information regarding their original conditional use permit and why they
should not be required to go through a modification of that. This is the original plan that
was submitted with her conditional use permit. This is where the parking lot would be,
here's the single car garage, this is where the existing house is. This is the plan that
they've submitted with a (inaudible) conditional use permit application. We have not
started processing that yet, pending the outcome of this. This was the original house
and then the garage and this is the proposed building that they're showing. The staff
still maintains it is a modification of the existing conditional use permit and should follow
the procedures outlined in the ordinance.
Corrie: Does the council have any questions for Shari at this time?
Bentley: I have none.
Bird: I have none right now.
Corrie: Ok, I believe it's Mrs. Chace.
C. Chace: (inaudible)
Corrie: Give your name and address for the record please.
C. Chace: Do you want my home address?
Corrie: No.
C. Chace: Cindy Chace 1302 E. 1St St. In an attempt to do as you requested to get
together with the administrator, I met with her today and I was told that she was not
willing to discuss it and she had already made her decision. So I've prepared a
statement for you and if you have any questions, I'll address them. "I'm sure you are all
aware that Idaho ranks last in America's quality standards for child care. The standards
are set by the Department of Health and Welfare and it was those standards and those
of the Meridian Fire Department that we used when determining our capacity and when
we filed for our original conditional use permit. Last winter we determined that although
our capacity of 30 is adequate most of the-year, when winter comes with inclimate
weather, the children can not be accommodated for ten hours a day, five days a week in
the current facility. We have complied with each aspect of the original conditions of the
conditional use permit and are requesting you to appeal the decision of the Planning
and Zoning Administrator to allow us to add an accessory building which meets all of
the planning and zoning criteria of accessory building, to the property to provide a
greater play area for the children; increasing the current 35 square foot per child to 63
1/3 square feet per child which is only an 8x8 space per child; without the need for an
•
Meridian City Council Meeting
July 20, 1999
Page3
amended conditional use permit. We relied on the Department of Health and Welfare
telling us the space would be ample for our needs when indeed they turned out to be
inadequate. The argument of planning and zoning is we are requesting to change the
original conditional use permit and it should be reprocessed. However, aside from the
objection of Faye Buchanan regarding children darting into the center which could be
killed or injured, which is not an issue due to the required fencing, there were no
objections of the child care center and I find it unlikely that anyone would disapprove of
a child care center improving its quality. Thus, no need to have another hearing if the
conditions of the original conditional use permit have been followed."
Corrie: Ok, council, do you have some questions?
Rountree: Mr. Mayor?
Corrie: Mr. Rountree.
Rountree: The original conditional use permit spoke of only the use of the existing
property and the existing structures on the property. That was what was brought to the
public. That's what the public hearing addressed and that's what the public had an
opportunity to comment on. And if Shari's representation is correct, and is that a correct
representation of what it is you're going to do?
C. Chace: It is, but I don't want you to be misled by the size of the addition because it is
actually 38% of the building because it is a three-story building. So it looks like the
original is smaller, but it's not.
Rountree: But it's essentially the same layout and it would be in that particular location
on the property.
C. Chace: Yes. Well, we found out last week that there is one thing that it would have
to be set back into the back yard. We just did that for aesthetics for the city to make it
look nice, but if you wanted it set back into the back yard that wouldn't be a problem
either. But yes, we want to add that size of a space.
Rountree: I guess the point I'm making is that that concept was not part of the public
process in that part of town which requires a conditional use for that kind of conversion.
I can understand your frustration with the city's ordinances, but we have them and we
try to live with them to the benefit of all the folks in the community. I guess I'm of the
opinion that that's enough different than what was presented publicly previously that I
would probably have to lean towards Shari's recommendation of requiring an
amendment or a new conditional use permit. That's all I have to say.
Corrie: Any other comments, questions council.
Bird: I have none now.
• •
Meridian City Council Meeting
July 20, 1999
Page4
C. Chace: Thank you.
Corrie: Mr. Chace do you want to say anything?
R. (Raymond) Chace: I would, if that's alright. Again when I initially brought this
forward to the zoning administrator I was lead to believe this is simple accessory use
permit requirement. It's incidental to the building, we're increasing the capacity of the
child care, and we have not changed the conditional use permit for which this was
submitted. In answer to your question, Mr. Rountree, I was also under the impression
that the site of the conditional use permit was approved for the site for the buildings for
which it sat. However, I was lead to believe that when an additional building of a certain
size structure meeting certain bathroom, square footage requirements, kitchenette
requirements, it would be encompassed in that conditional use permit as an accessory,
as incidental to the building. Again, when I went before the administrator in February of
this year, I was told to do that, which is what I did. Also, Brad, but I don't know his last
name, did concur with me and only when I submitted the conditional use permit was it
flipped to this particular hearing that we're at now. That's my frustration. That's her
frustration. Thank you.
Rountree: Mr. Mayor?
Corrie: Mr. Rountree.
Rountree: I had a question. You indicated you'd been led to believe that it was an
accessory use. Was that based on your interpretation of the city's ordinance and the
reading of what accessory use may be?
R. Chace: Yes, and concurring with Brad.
Rountree: Thank you.
Corrie: Any comments, council?
Bird: I have none.
Corrie: Ok, well you have before you the appeal for the zoning permit requirement. So
either deny the appeal or approve the appeal. I will entertain a motion to (inaudible).
Rountree: Mr. Mayor I have a question for Shari.
Corrie: Ok.
i ~
Meridian City Council Meeting
July 20, 1999
Pages
Rountree: Shari what process at a minimum would you advise going through to enable
you to issue a zoning compliance for a building permit for this particular activity?
Stiles: A modification of the conditional use permit, going through the original process.
Rountree: And is that a two hearing process or a one hearing process?
Stiles: It's actually in a CC zone so it could be done through planning and zoning and
then go directly to council.
Rountree: Ok.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Shari, I've got a question. If they were to add a walkway and make that as an
addition would they have to go through this?
Stiles: There's been confusion as far as what and accessory building is and there are
some criteria for an accessory building, however it's not the issue of whether it's an
accessory building or not, the issue is it's a pretty substantial change to their initial
conditional use permit.
Rountree: Mr. Mayor, another question for Shari.
Corrie: Ok, Mr. Rountree.
Rountree: If there were a common wall or simply a building modification is it still a
significant change? What I heard the applicant say is that is was more additional space
for the existing child care facility, not to increase the number of children they care for.
Stiles: I don't believe the original conditional use permit stated any minimum on the
number of children. Even though they represented that they just want additional space,
not additional children, there would be nothing to prevent them from adding as many
children as they could house within that new building. If they came in, when I initially
talked to them, it was January 1st", they looked in my records and phone log, it was just
discussed about an addition. I can't state over the phone what's going to be required. I
get those calls all of the time. It's getting to the point where I'm going to have
something in writing and respond in writing because of the misinterpretations. Had they
come in, say they wanted to enlarge a room by 100 square feet or something -like that,
we'd probably not say they had to go through a conditional use permit. But I think when
Meridian City Council Meeting
July 20, 1999
Page6
you're talking about 830 square feet, that's not a minor modification, plus an additional
building.
Rountree: Is the language in the ordinance specific about minor modifications?
Stiles: No, it's purely a judgement call.
Rountree: Is it specific about separate structures?
Stiles: Number of buildings on a lot. It talks about principle buildings. It says when
there's more than one principle building on a lot. Let's say they wanted to move out,
make an office building out of the one and do whatever with the rest of the existing
structure, we wouldn't have a whole lot to do with it. It would just be approved.
Rountree: Ok, thank you.
Corrie: Any further discussion? Hearing none, I'll entertain a motion.
Rountree: Mr. Mayor?
Corrie: Mr. Rountree.
Rountree: I move that we deny the appeal for the P & Z Administrators requirement for
CUP for this particular application for the day care.
Bentley: Second.
Corrie: Motion made and second to deny the appeal (inaudible) CUP as requested.
Any further discussion? All those in favor of the motion, say aye.
Anderson: Aye.
Bentley: Aye.
Rountree: Aye.
Corrie: Opposed, no.
Bird: No.
Corrie: Ok, 3-1 the appeal is denied.
THREE AYES, ONE NAY: MOTION CARRIED
MERIDIAN CITY COUNCIL MEETING: JULY 20 1999 AGENDA ITEM NUMBER: 1 -
APPLICANT:
REQUEST: A
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
.CITY WATER 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:
COQ
SEE ATTACHED MINUTES FROM 7/6/99
ORIGINAL FINDINGS AND 2-405j
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INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION: o Meridian.
OTHER:
All Materials presented at public meetings shall become property of
Meridian City Council Meeting
July 6, 1999
Page 10
Bentley: Second.
Come: Motion made and second to have the attdeneal of theurequestlfor and tional use
Conclusions of Law and Decision and Order fo
permit of Moxie Java, item number 9. Any further discussion?
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
10. APPEAL OF ZONING ADMINISTRA dOb ' KICDS C UIBNAL USE PERMIT
REQUIREMENT BY CINDY CHAC
Stiles: Mr. Mayor and Council, I don't have a graphic of this. They have submitted a
conditional use permit application, but they ationof the or ginaecondit oval usetpe m tr
into a new conditional use permit for modific If ou're
Their proposing an 800 square foot building to be added to the property. y
familiar with the property, it's just north of the Post Office on E: 1St Stree Howeverrthe
proposing it beyond the setback just on the north side of their property.
applicant when he came in to talk to us, indicat oval build ng with a k tchenette or010'm not
,square feet and we felt the addition of an add
sure what the terminology was and a restroom even though the number of children
cared for would be the same would constitute a significant change and that's the
reason we requested a new conditional use permit application.
Corrie: While this isn't a public hearing, we would like to hear what the appeal is.
Chace: Thank you very much. My name is Raymond Chace and I sit on the Board of
Directors of the Parent Company at Kid s Club and weded to add th srbuilding waspan al
this because our initial understanding of what was ne
accessory use permit based on the square footage of the new building, which is what
we felt and what was initially thought of as incidental to the all additiolnal sewer, trash,
accordance with our previous permit, we will consent to pay
insure the building conforms to the look of the i drenren therwinter timeh No ~mtpact on
provide existing space as Shan said for the ch I for
ACHD, no further staff or children will be dtb eakiteo Wa pursuant to the buildp g permit.
the accessory use permit, pay the fee a g
Thank you.
Corrie: Council have any questions?
Meridian City Council Meeting
July 6, 1999
Page 11
Bird: I have none.
Corrie: Thank you. So the Council has an idea here, you can either accept the appeal
of the Zoning Administrator's conditional use permit requirement. You can not require a
conditional use permit or you can deny the appeal and stay with the administrator's
conditional use requirement.
Rountree: Mr. Mayor I have a question for Shari. If I heard correctly the applicant is
asking for an accessory use permit and that doesn't equate with what is happening
there.
Stiles: We did look at the possibility of whether we could consider it an accessory
building, and it didn't meet the criteria for being considered an accessory building.
That's why we wanted them to come back with the modification of the originally
approved conditional use permit.
Chace: Unfortunately I don't have any documentation that defines an accessory use.
My understanding is that an accessory use is 50% of the square footage or less, and we
are just over 34-35% on this buildingliancle with our original and exisg g cond tional use
requirement and we are still in comp
permit when I was before you February of 1997.
Rountree: Mr. Mayor, it still seems to mmend that staff and the applicant ont nueeto 0
parties here, and I guess I would reco
talk through this until we're communicating and using the same terms and
understanding what accessory use is per our ordinance and trying to find out what their
understanding of it is so we can reach an agreement. Without that I guess I would not
have sufficient information to make a recommendation. Other than that, I would be
supportive of staffs recommendation to deny the appeal, but l think there's still some
room for communication here that needs to go on.
Corrie: At the risk of telling him absolutely no, Shari can you two get together one more
time and kind of work out the v~?rbiage here so everybody is on the same page?
Stiles: I believe we've done that. Everything that we've discussed has been
misinterpreted and I think we're at an impasse now where like tonight he comes in here
and says he understood 50% increase was the ordinance and that was -not even
insinuated.
Rountree: Shari, I know this is asking a lot, could you paraphrase to us what accessory
use means?
Stiles: I don't have the ordinance in front of me now. It talks about accessory buildings.
Gigray: Mr. Mayor and members of the Council, while they are looking it seems to me
that the decision and what the Council has to grapple with in this particular application is
Meridian City Council Meeting
July 6, 1999
Page 12
first there needs to be some kind of analysis of the findings and conclusions of law of
the conditional use permit that was originally issued here. I think I have heard it's kind
of a bold statement that this is in compliance, but I didn't hear any analysis of why that
was the case because I think the issue here is whether or not this applicant needs to file
for an amendment to the conditional use permit that was granted before in order to
accomplish what they hope to accomplish. -have an accessory use permit and I think
we have to look at those findings and I didn't see any brief or anything filed with this
other than what we've heard this evening.
Stiles: Mr. Mayor and Council, what we were relying on is one part of the ordinance that
says if you have more than one building on a lot, it would require a conditional use
permit. Things such as a shed, or a garage, we can approve through -call it an
accessory building. Say it's incidental to the use of the approved use and we do
approve those without having to go through this process for the modification. Under 11-
2-405J, modification or amendment of approved application or use. It states all
applications for amendment, alteration or modification of an approved application or use
shall be treated as an initial application and must be processed in the same fashion and
under the same procedures as an initial application. That's what we were relying on in
our determination. We have spoken to them on numerous occasions, tried to work with
them to see if there's a way to get around that. Staff did not feel that we had that ability
to forego that provision of the ordinance. There is also under the accessory building
standards, it's quite lengthy, it would be under 11-2-410D2A, and there are a number of
things that did not meet the requirements to be determined. in accessory building. It
would have had to be located in - it said if it's not in a rear yard, an accessory building
shall be connected with the principal building, which it is not. If it was in the rear yard, it
couldn't exceed 15 feet. I think they met that. Couldn't be located within 25 feet of an
adjacent residentially zoned lot. I'm not sure they could meet that. So that's what we're
using is because we didn't consider it to be an accessory building.
I don't see a way to approve this
Bentley: Mr. Mayor in light of what Shari has read,
appeal. It sounds like it's going to have to go through modification.
Chace: Is it possible to respond since this is an appeal of that to her assertations. We
are zoned as an R-15. There ale no residential buildings anywhere near the building.
We are 15 foot setback. It's on a half acre lot. If you did see the building plat, the
language and the interpretation of the language with the definition of the incidental
building or the definition of the off site building is vague and that is why I'm before you.
Initially we approached this in February or March of this year, and we delayed it based
and we relied on the zoning administration's terminology. This would be an accessory
use building. We therefore did not apply until we were ready to break ground and when
we started to break ground, that when we found out we had to go through the initial
conditional use permit process again and we are in compliance with the initial use
permit. We've had no complaints. We're not tearing down any trees, we're not
increasing the flow of traffic. We're not putting an unburdened use on the sewer system
which I think addresses most of the concerns that a public hearing would (End of Tape)
Meridian City Council Meeting
July 6, 1999
Page 13
Chace: ...that's why I'm here before you today: This is going to add a significant cost
to us in a delay if this isn't granted, so thank you very much again.
Corrie: Comments from Council?
Rountree: Mr. Mayor, by way of discussion, I personally see two ways to go. One if the
applicant is willing to substantiate and evaluate the conditional use permit and the
findings and build a case to support his position, I would be willing to table this item for
yet another discussion. Or I would have to take the recommendation of staff based on
the definitions that were read and the basis that they had for their denial.
Corrie: Any further discussion? Hearing none, I'll entertain a motion one way or the
other and we can see where it goes.
Rountree: Mr. Mayor I would have to direct a question back to the audience. and -
Chace: Absolutely, I would agree to that.
Rountree: You would agree to evaluate the conditions? I present that no guarantee.
Chace: I understand.
Rountree: But you seem passionate about your position so we'll give you an
opportunity to present that.
Chace: Right now?
Rountree: No, in two weeks.
Chace: Okay.
Corrie: If that happens to be the Council's decision.
Rountree: Mr. Mayor I would move that we table this item for two weeks to our next
regularly scheduled meeting July 20th to receive additional information on the requested
appeal.
Bentley: Second.
Corrie: Motion is made and second to delay the appeal for information from the
applicant and administrator on i±em number ten on the conditional use permit. Any
further discussion?
Bentley: Mr. Mayor maybe it would help us if we had some copies of the record on that.
Rountree: The CUP.
Corrie: Shari, can you have that for us as well? Thank you.
Bird: Mr. Mayor, also I would like to see a site plan.
Corrie: Okay, I think the applicant can get that as well. Any further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Meridian City Council Meeting
July 6, 1999
Page 14
Corrie: If you will check with Shari and well you can get whatever you want to get ready
for it. Shari, you can get the information to us for July the 20~" meeting.
11. PUBLIC HEARING: REQUEST FOR VARIANCE FOR REINSTATEMENT OF
APPROVED PRELIMINARY PLAT FOR OLSEN BUSH II BY R2
DEVELOPMENT, INC. -WEST END OF LANARK STREET:
Corrie: I will open the public hearing at this time and we'll entertain the staff to testify
first.
Stiles: Mr. Mayor and Council, I do not have a transparency on this. This is the
property immediately west of the existing Olsen Bush Subdivision No. 1. It's where
Wheel City USA, Yankee has some property back in there, and this was an extension to
the west. I would have a cul-de-sac or I'm not sure that these drawings that are
included in your packets are the approved plat. But staff would recommend approval of
reinstatement of the approved preliminary plat with the conditions in that original
approval. I would like the applicant to be able to come and state when they are going to
submit the final plat. They've asked for this variance because the time has expired for
them to be able to submit the final plat.
Rountree: Question for Shari or Gary, either one. Is this the first extension that's been
requested?
Stiles: Yes.
Rountree: Okay, thank you.
Stiles: It's the first variance that's been - I believe they already did a time extension,
no? They must have just missed the cut off for the time extension then. I'm sorry, I
don't have the right file here with me, so Brad if you could let them know what the
original approval date was.
Miller: Brad Miller with Van Auker, actually R2 Development. I believe it was approved
Shari in the summer of 1996 and we allowed it to expire because we didn't have the
easement necessary to get our sewer through there, so now that we have sewer; the
easement and the sewer system there, we're ready to move ahead, so we're asking that
the City Council -since to the best of knowledge there's no changes in the ordinances
or anything and the preliminary plat is going to stay the same, it would make sense to
go ahead and extend that time frame.
Bird: That delay was because of getting the right-of-way through the property there.
Miller: Correct from the Elixir Industries to get that easement, which all of you are
aware and with the help of the Mr. Mayor and City Council, we're able to get that done.
In fact I got a call today from Elixir Industries demanding a bill for their portion of it. So
I'll add on some time for the City Council to that bill.
Corrie: It was April 12t", 1999 by the way.
Administrator, If, in the sole d ~cretion of the Zoning
Administrator, the changes do not substantially effect the
interests of those persons entitled to notice by mail, the
Zoning Administrator may allow the changes to be made
without requiring that the application be refiled and re-
noticed. Alterations, amendments, or modifications that
increase the amount of land or change the zoning district,
the use of the property, the density, increase the impact
on surrounding property', etc., shall be considered as
substantial changes and shall require the application to be
refiled and re-noticed. If the application does not need to
be refiled or re-noticed no additional filing fees shall be
required. If the application is required to be re-noticed
additional fees for re-mailing and republication shall be
required. If the application is required to be refiled an
additional filing fee shall be required.
2-405 J MODIFICATION OR AMENDMENT OF APPROVED APPLICATION OR USE
All applications for amendment, alteration or modification of an
approved application or use shall be treated as an initial
application and must be processed in the same fashion and under
the same procedures as an initial application. (Ord. 592,
11-17-92)
2-406 NON-CONFORMING BUILDINGS, STRUCTURES AND USES
2-406 A INTENT
It is the intent of this Ordinance to permit conforming uses. All
applications for the enlargement, expansion, extension of non-
conforming uses or all applications for the addition of other
structures or uses prohibited elsewhere in the same district
shall be subject to the Conditional Use procedures of Section
2-418 of this Ordinance. (Ord. 430, 4-2-84)
193 -34-
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
RAYMOND CHACE
CONDITIONAL USE PERMIT FOR DAY CARE CENTER
1302. EAST FIRST STREET
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on' for public hearing on
January 16, 1997, at the hour of 7:00 o'clock p.m., the Applicant,
Raymond Chace, hereinafter referred to as the "Applicant,"
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 of Law:
FINDINGS OF FACT
1. A notice of a public hearing on the Conditional Use
Permit was published for two ( 2 ) consecutive weeks prior to the
said public hearing scheduled for January 16, 1997, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the January 16, 1997
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. This property is located within the City of Meridian.
3. The Applicant does not own the land. The land is owned
by Gary and Peggy Timson, and they have consented to the
application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
CHACE
4. The property is currently zoned C-C, Community Business
District; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-
409 B., Commercial, Child Care Center is listed as a conditional
use in the C-C District and, therefore, in the C-C District a
conditional use permit for the operation of a Child Care Center is
required.
5. The C-C, Community Business District is described in the
Zoning Ordinance, 11-2-408 B. 9 as follows:
1C-C1 Community Business District: The purpose of the
(C-C) District is to permit the establishment of general
business uses that are of a larger scale than a
neighborhood business, and to encourage the development
of modern shopping centers with adequate off-street
parking facilities, and associated site amenities to
serve area residents and employees;. to prohibit strip
commercial development and encourage the clustering of
commercial .enterprises. All such districts shall have
direct access to a transportation arterial and collector
and be connected to the Municipal Water and Sewer systems
of the City of Meridian.
6. Conditional Use Permit is defined in the Zoning And
Development Ordinance, City of Meridian, Idaho as follows:
"Permits allowing an exception to the uses authorized by this
Ordinance in a zoning district."
7. The property is located at 1302 East 1st Street,
Meridian, Ada County, Idaho.
8. The Applicant testified that they have placed an offer to
purchase the property, and their intention is to operate a day care
for children for twelve (12) or more children.
9. The Applicant testified as follows. They have reviewed
the comments from the City Engineer, the Planning Director, t::e
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
CHACE
Meridian Fire Department, Central District Health and the
irrigation questions. They attended the ACHD (Ada County Highway
District) hearing. They are prepared to comply with all of the
comments. With regard to the driveway, they are prepared to pave
with cement the existing driveway and expand it to the curb which
was recommended in item C. of the ACHD comments and conform to the
City's guidelines.
10. The Applicant testified as follows in response to
questions of Commissioner MacCoy. They are aware of the fence
height requirements.,. The gates of the fence surrounding the play
area will be lockable. They will comply with signage requirements
so as not to create a nuisance to neighboring properties. They are
unable to and will not offer their day care services to handicapped
children, but they will conform to the Americans With Disabilities
Act Federal guidelines for handicap access to the property. They
will submit floor plan of the house on the property. To the
Applicant's knowledge, they have received no complaints from
surrounding neighbors.
11. The Applicant testified as follows in response to
questions of Commissioner Borup. They received an off-street
parking design and dimensional table from the City of Meridian,
with which they will be able to comply. -
12. The Applicant testified that the hours of operation will
be 7:00 a.m. to 6:00 p.m., Monday through Friday; there will be no
overnight hours of operation. The operation will be closed
Saturdays and Sundays.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
CHACE
13. The Applicant testified that there is on the southern
border an irrigation ditch which is covered and secured. There is
a pump which is covered. There are two fences which separate the
children from the ditch and pump.
14. Dale Ownby testified concerning the location and coverage
of the ditch. He testified that the ditch is covered with a steel
grate and the remainder is underground.
15. E. Faye Brewer Buchanan submitted a letter objecting to
this application, which letter is incorporated herein as if set
forth in full.
16. The Assistant to the City Engineer, Bruce Freckleton,
submitted comments which are incorporated herein as if set forth in
full. His comments included that all driveway and parking areas
shall be paved; that graveled driveways, parking and access are
unacceptable; that a drainage plan designed by the State of Idaho
licensed architect or engineer is required and shall be submitted
to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas; that all site drainage shall be contained and disposed of
on-site; that any existing irrigation/drainage ditches crossing the
property to be included in this project shall be tiled per City
Ordinance 11-9-605 M.; that plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted
to the Public Works Department; that outside lighting shall be
designed and placed so as not to direct illumination on ary nearby
residential areas and in accordance with City Ordinance Section 11-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
CHACE
• •
2-414 D. 3.; that all signs shall be in accordance with the
standards set forth in 2-415 of the City of Meridian Zoning and
Development Ordinance; that sanitary sewer and water to the
facility would be through existing service lines; that assessments
for sewer and water service will be reviewed to determine whether
additional load justifies an adjustment to the assessments; that
the Applicant provide any information that they may have with
regards to your anticipated water demand; and that the Applicant
will be required to enter into an Assessment Agreement with the
City of Meridian.
17. The Planning and Zoning Administrator, Shari Stiles,
submitted comments which are incorporated herein as if set forth in
full.
18. Meridian City Police Department, Meridian Fire
Department, and Nampa & Meridian Irrigation District -submitted
comments, which respective comments are hereby incorporated herein
as if set forth in full.
19. Central District Health Department submitted comments,
which comments are hereby incorporated herein as if set forth in
full. Its comments included that after written approval from
appropriate entities are submitted, it can approve this application
for central sewage and central water; and that it will require
plans be submitted for a plan review for the child care center.
20. Ada County Highway District submitted comments and
requirements, all of which comments and requirements are hereby
incorporated herein as if set forth in full, and some of which are
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
CHACE
~ ~
more particularly set forth as follows. As site specific
requirements that the Applicant reconstruct the existing 12-foot
curb cut driveway as a 24 to 30 foot wide curb return driveway with
15-foot curb radii, located on the south property line; that the
Applicant pave the drive its full required width of 24 to 30-feet
beyond the edge of pavement on East 1st Street; that as required by
District policy, restrictions on the width, number and locations of
driveways, shall be placed on future development of the property;
and that other than the access point(s) specifically approved with
this application, direct lot or parcel access to East 1st Street is
prohibited.
21. There was no further testimony given at the hearing.
CONCLUSIONS OF LAW
1. 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 within 300
feet of the external boundaries of the Applicant's property.
2. The City of Meridian has authority to grant conditional
uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2-
418 of the Revised and Compiled Ordinances of the City of Meridian.
3. The City has the authority to take judicial notice of its
own ordinances and proceedings, other governmental •statues and
ordinances, and of actual conditions existing within the City and
state of Idaho.
4. The City of Meridian has authority to place conditions on
a conditional use permit and the use of the property pursuant to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
CHACE
• •
Idaho Code Section 67-6512 and pursuant to that section conditions
minimizing the adverse impact on other development, controlling the
duration of development, assuring the development is maintained
properly, and on-site or off-site facilities, may be attached to
the permit; that 11-2-418 (D) authorizes the City to prescribe a
set time period for which a conditional use may be in existence.
5. Section 11-2-418 D. states as follows:
In approving any Conditional Use, the' Commission and
Council may prescribe appropriate conditions, bonds, and
safeguards in conformity with this Ordinance. Violations
of such conditions, bonds or safeguards, when made a part
of the terms under which the Conditional Use is granted,
shall be deemed a violation of the Ordinance and grounds
to revoke the Conditional Use. The Commission and
Council may prescribe a set time period for which a
Conditional Use may be in existence..
6. The City has judged this Application for a conditional
use upon the basis of guidelines contained in Section 11-2-418 of
the Revised and Compiled Ordinances of the City of Meridian and
upon the basis of the Local Planning Act of 1975, Title 67 Chapter
65, Idaho Code, the Comprehensive Plan of the City of Meridian, and
the record submitted to it and the things of which it may take
judicial notice.
7. 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 and assuming that the above conditions or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
CHACE
•
similar ones thereto would be attached to the conditional use, the
Planning and Zoning Commission concludes as follows:
a. The use, would in fact, constitute a conditional use
and a conditional use permit would be required by
ordinance;
b. The use would 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 is designed and constructed to be
harmonious in appearance with the character of the
general vicinity; that if the conditions set forth herein
are complied with the use should be operated and
maintained to be harmonious with the intended character
of the general vicinity and should not change the
essential character of the area;
d. That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses if the
conditions are met; that traffic will increase, but due
to the drop-off and pick-up being off of the street it
should not be a problem;
e. The property has sewer and water service already
connected, but Applicant may have to pay additional fees
for the use;
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community;
g. If the conditions
involve a use, activity,
conditions of operation
person, property or the
excessive production of
glare or odors;
are met, the use should not
process, material, equipment or
that would be detrimental to
general welfare by reason of
traffic, noise, smoke, fumes,
h. Sufficient parking for the proposed use will be
required to meet the requirements of the City ordinance;
and
i. The development and uses will not result in the
destruction, loss or damage of a natural or .scenic
feature of major importance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
CHACE
• •
8. Since conditions may be placed upon the granting of a
conditional use permit to minimize adverse impact on other
development, it is recommended by the Planning and Zoning
Commission that the following conditions of granting the
conditional use be required, to wit:
a. The children, if outside, shall be maintained in the
fenced area, as required below;
b. There shall be fencing, gates and locks for the outside
play area such that no children can leave the property without
an adult unlocking and opening the gate to let the child or
children out of the play area; no children shall be allowed
outside of the play area or the home without an adult being
present; the fence shall be maintained in good repair and the
children, when outside, shall stay in the fenced area and the
children shall not be allowed outside of the fenced area or
the home, except for drop-off and pick-up times, and an adult
shall be with them at all times if the child or children are
waiting to be picked up;
c. The Applicant shall meet the state of Idaho requirements
for staff to children ratio;
d. The Central District Health Department and the state of
Idaho Department of Health and Welfare have requirements for
day cares and the Applicant shall meet those requirements of
the Central District Health Department and the state of Idaho
Department of Health and Welfare;
e. The conditional use, pursuant to the Zoning Ordinance,
shall not be transferable to another owner of the property or
to another property;
f. The Applicant shall meet the requirements of the City
Engineer's office, the Planning and Zoning Administrator, and
other governmental agencies submitting comments, which
comments specifically include:
1. All driveway and parking areas shall be paved;
2. Graveled driveways,. parking and access are
unacceptable;
3. A drainage plan designed by the State of Idaho
licensed architect or engineer is required and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
CHACE
•
shall be submitted to the City Engineer for all
off-street parking areas;
4. All site drainage shall be contained and disposed
of on-site;
5. Any existing irrigation/drainage ditches crossing
the property to be included in this project shall
be tiled per City Ordinance 11-9-605 M. and the
plans for such will need to be approved by the
appropriate irrigation/drainage district, or
lateral users association, with written
confirmation of said approval submitted to the
Public Works Department;
6. Outside lighting shall be designed and placed so as
not to direct illumination on any nearby
residential areas and in accordance with City
Ordinance Section 11-2-414 D. 3.;
7. All signs shall be in accordance with the standards
set forth in 2-415 of the City of Meridian Zoning
and Development Ordinance;.
8. Sanitary sewer and water to the facility would be
through existing service lines;
9. Assessments for sewer and water service will be
reviewed to deteaine whether additional load
justifies an adjustment to the assessments, and
that the Applicant provide any information that
they may have with regards to the anticipated water
demand; and
10. The Applicant will be required to enter into an
Assessment Agreement with the City of Meridian.
g. The conditional use should not be restricted to a period
of authorization but may be reviewed annually, upon
notice to the Applicant, for violation of any conditions
imposed herein;andZn ether da3 ^arA ~~~-~ena-l-uses-a~rtd-
9. The above-conditions are concluded to be reasonable and
the Applicant shall meet these conditions.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
CHACE
10. It is recommended that if the Applicant meets the
conditions stated above that the conditional .use permit be granted
to the Applicant.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions of Law.
ROLL CALL
COMMISSIONER BORUP
COMMISSIONER OSLUND
COMMISSIONER MACCOY
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED
~~H
VOTED 1 ~ ~ G
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
CHACE
• •
DECISION AND RECOMMENDATION
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 or similar conditions as
found justified and appropriate by the City Council and that the
property be required to meet the water and sewer requirements, the
fire and life safety codes, Uniform Fire Code and other Ordinances
of the City of Meridian. The conditional use should be subject to
review upon notice to the Applicant by the City.
MOTION:
APPROVED: DISAPPROVED:
ti-1~-9~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
CHACE
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact
~ ~~`~ay
and Conclusions of Law on this ~ day of ~ ~ ~ ~, 199`
ROLL CALL
COUNCILMAN MORROW
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN TOLSMA
MAYOR CORRIE (TIE BREAKER)
(INITIAL)
APPROVE
FINDINGS OF FACTAND
VOTED
VOTED
VOTED
VOTED
VOTED
DISAPPROVED
NS OF LAW - ~~ ~ _ ~~/IG~L'
Meridian City Counc~ .
February 18, 1997
Page 21
Bentley: Mr. Mayor, the City of Meridian City Council hereby recommends 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 or similar conditions as imund justified and appropriate by the City
Council. And that the property be required tQ meet the water and sewer requirements,
the fire and life safety codes, uniform fire code and other ordinances of the City of
Meridian. The conditional use permit should be subject to review upon notice to the
applicant by the City.
Rountree: Second
Corrie: Motion made by Mr. Bentley, second by Mr. Rountree on the decision and
recommendation, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #11: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE
CENTER FOR 12+ CHILDREN BY RAYMOI~? CHACE:
Corrie: Is Mr. Chace or a representative here?
Chace: My name is Raymond Chace,
Crookston: Mr. Mayor, is this not a public hewing?
Corrie: It is not on my agenda
Crookston: It should be
Berg: Shari, this does not require two public hearings does it?
Stiles: No
Corrie: Mr. Chace?
Chace: Would you like me to offer a brief sy~psis. We put in an offer to purchase the
property at 1302 East First Street. The City afi Meridian requested the conditional use
permit for a child care center for 12 or more children. I sit on the board of directors of
the parent company and we have reviewed the comments from the engineer, the
planning director, the fire department. I personally attended the ACRD hearing and
reviewed the district health and welfare comments and irrigation questions and the
proposal. I am prepared to answer any questions you have. This is the last hurdle I
believe before the purchase contract is completed.
Meridian City Counc~
February 18, 1997
Page 22
Corrie: Okay, Council, questions of Mr. Chace?
Morrow. Mr. Mayor, you are in agreement then with all of the staff conditions and you
have no problem with complying with any of those?
Chace: Yes sir and no we don't have any problem complying.
Come: Thank you Mr. Chace. Council, have you had a chance to read the findings of
fact and conclusions of law, any questions?
Stiles: Mr. Mayor and Council, I had a question on page 10, item G. The last part of
that statement. It says "a conditional use should not be restricted to a period of
authorization but maybe reviewed annually upon notice to the applicant for violation of
any conditions imposed herein and in other day care conditional uses and other
conditional use applications." I guess I just didn't understand if they are going to have
to abide by conditions placed on other conditional use permits. Should, the previous
one had that comment in it too, I wonder if it should be stopped at herein.
Corrie: Counselor?
Crookston: That would be fine.
Rountree: There or the second and?
Crookston: It would be herein, in the fourth line, period the end.
Stiles: Thanks
Corrie: Thank you Ms. Stiles, any other corrections. I will entertain a motion on the
findings of fact and conclusions.
Rountree: Mr. Mayor, I move that the Meridian City Council adopts these modified
findings of fact and conclusions of law.
Bentley: Second
Corrie: Motion made by Mr. Rountree, second by Mr. Bentley to accept the Planning
and Zoning Commissions findings of fact and conclusions of law as modified, roll call
vote.
ROLL CALL VOTE: Tolsma -Yea, Rountree -Yea, Bentley -Yea, Morrow -Yea
MOTION CARRIED: All Yea
MERIDIAN CITY COUNCIL MEETING: JULY 6, 1999
AGENDA ITEM NUMBER: 10
APPLICANT: CINDY CHACE
REQUEST: APPEAL OF ZONING ADMINISTRATOR'S CONDITIONAL USE PERMIT REQUIREMENT
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED APPEAL APPLICATION
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
~~
MERIDIAN POST OFFICE: 1~ L ~fj
ADA COUNTY HIGHWAY DISTRICT: V4
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION: F+~
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meri ian.
• •
Appeal of Decision of:
Applicant:
Address:
Phone Number:
Nature of Appeal:
-b add ~ ~~
~G .31~ ~ i ~~~
APPEAL APPLICATION FORM
Zoning Administrator
City Engineer
P&Z Commission
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Fee: $1_
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE A Good Place to Live
o,n ~IMem rc CITY OF MERIDLAN
CHARLES ROUNTREE 33 EAST IDAHO
GLENN BENTLEY MERIDIAN, IDAHO 83642
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813
KEITH BIRD
FACSIMILE COVER SHEET
LEGAL DEPARTMENT
(208) ss4-4w4
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-2211
PLANNING AND ZONING
DEPARTMENT.
(208)884-5533
FAX NUMBER: Z~~ ~ 2 ~~ ~ DATE: 7_6- ~~
TO: ~~1~~?/~-a y
TITLE/DEPARTMENT: ~~~" '"e vI
CONFIDENTIAL: YES
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET)
NO
~~
FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218
NAME: ~! `~ ~ ~ ~9
e
TITLE/DEPARTMENT: ~! L;~~
COMMENTS: ~l ~ ~ G~L 7~ CE`''O {i,' ~c=~ c~.e_ C'P~-~,
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433.
** TX CONFIRMATION REPORT **
AS OF JUL 06 '99 15 32 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
11 07/06 15 27 2882501
MODE MIN/SEC PGS CMD# STATUS
EC--S 05'17" 016 082 OK
HUB OF TREASURE Vqu,EY
Mayor
ROBERT D. CORRIE
A Good Placo to Lime LfCAL pEPARTMENT
Council Memhrrc
CITY OF MERIDIAN
U9LIC8WORK
P
S
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IpAFIO 83642 1208) 887.221 I
RON ANDERSON Phone (208) 888-4d~3 • Fax (208) 687813 PLANNING AND ZUNINC
KEITH BIRD DEPARTMENT
(208)98~•i533
FACSIMILE COVER SHEET
FAX NUMBER: ~~~ "~ Z ~~ ~ DATE: 7-6~ ~~
TO: ~/l~ ~?~~'Qy
^b
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