1982 04-12
A G E N D A
Meridian Planning and Zoning Comm.
April 12, 1982
ITEM:
Minutes of the previous meeting held March 8, 1982
Minutes of the Zoning, Subdivision and Development Hearing March 11, 1982
WITHDRAWN HEARING - Cecil Cherry & Sons - Conditional Use for Laudromat
309 W. Cherry Lane Office Complex
1. HEARING - Brooklawn Estates - ANNEXATION
South-East corner of Linder and Pine 8.42 acres
APPROVED
2. HEARING - Annabelle Youmans Pre-School & Day Care Center
CONDITIONAL USE PERMIT REQUEST for 129 East Pine
APPROVED
Meridian Plannin & Zoninq Commission __ April 12, 1982
Regular Planning and Zoning Commission meeting called to order by Acting Chairman
Don Sharp.
Members Present: Burl Pipkin; Lee fitchell; Bob Spencer; Tom Eddy
Others Attending: Dean Rule; Merry Hinkle; Diane Walstrom; Phyllis Musgrove;
Lorna McDonald; Richard Westcott; Delores Richey; Emelia fleitzel;
Don Weatherhead; Judy 4destherhead; Marilyn Slocum;
Annabelle Youmans; Glenn Slocum; Brent Cornwall; Bruce PcDonald;
William Trek; Dieuw Hawe; Joseph Youmans; Gail Peoples;
Bonnie Birch; Quentin Cravens; T.L. Nelson; Jim Miller; Tony Cooper
Minutes of previous meeting held March 8, 1982 and hearing held P1arch 11, 1982 Approved
as written. All yea.
Acting Chairman Don Sharp announced that Cecil Cherry & Sons, Conditional Use request
fora Laundromat had been withdrawn.
Agenda
1 Hearing - Brooklawn Estates Annexation
Don Sharp opened the hearing for Brooklawn Estates Annexation.
Dean and Dorothy Rule were present representing the rec;uest for Annexation of Lot 6,
West Lawn Subdivision, 8.42 Acres, located on the Southeast corner of Linder Road
and Pine Street.
Dean Rule: "4Je propose to build a f1obile Home Subdivision in accordance with the
zoning requirements of the City and County, on l.ot 6 West Lawn Subdivision,
N 1/2 of S4! 1/4 of Section 12, Township 3N and 14J. We will need all City Services.
We will build it for an adult population - primarily for those approaching
retirement age or are retired. It will be restricted to double wide mobile homes,
modular or other manufactured homes with shingle roofs and siding to the ground.
We propose a density of 5 or 6 units per acre, as specified in the Ada County
zoning regulations. The tract contains 8.42 acres. We are looking at Rose Park
as a guide in planning the lots, the protective covenants and regulations. I
would like to add that in the O.S. News (flagazine) there is a good article on the
new P1obile Homes, April 12th, 1982 issue."
Burl Pipkin: "f-1r. Rule, when you refer to Rose Park, are you referring to the one
located at the corner of P~leridian and Franklin?"
Dean Rule: "Yes."
Don Sharp: "This will be a subdivision - the lots will be sold, they will not
be rented?"
Rule: "That's right - they will be sold :'
Lee Mitchell: "It's supposed to be mostly adult - how do you make provisions not
to include families?"
Rule: "We will have to do some legal work. Probably call it a retired park. I
don't know."
Sharp: "I would certainly recommend that you consult your own Attorney about that."
Rule: "We are putting it up for retired people. It will be a first class, ouality
development, first class engineering."
Pipkin: "Does that 3.42 acres include the 40' easement on the west and the EO'
easement on the north."
Rule: "I can't answer that for sure. I think it vaas a 10 acre tract to begin with
and less the streets."
Sharp: "Any other questions?"
fitchell: "This is for annexation and not a plat. 4ti~e'll probably grind a little
harder fora plat."
Sharp: "I will have some additional ouestions when that time comes."
•
Page 2
Meridian Planni~ & Zoning Commission _.___ ~~. April 12, 1982_
Agenda 1 (Cont'd) Brooklawn Estates Annexation Bearing........
Rule: "Yes, when the engineering is done we expect this."
Sharp: "This is a Public Hearing, are the re any comments from the public regarding
this request for annexation?" There was no response.
Sharp: "Hearing Closed."
The P4otion was made by Mitchell & 2nd by Pipkin that the Commission recommend to
the City Council the Annexation of Brooklawn Estates and zoned "A" Residential.
P1otion Carried: All yea.
Agenda
2 Hearing - Annabelle Youmans Pre-School & Day Care Center Conditional Use Permit
Request far 129 East Pine
Annabelle Youmans was present to request a Conditional Use Permit fora Pre-School
and Day Care Center at 129 E. Pine.
Acting Chairman, Don Sharp: "Public Hearing is now open. Mrs. Youmans would you
please comment."
Annabelle Youmans: I am requesting the use of the house that has been used as a
Chiropractor's Office and Business at 129 E, Pine fora Pre-School and Day Care
Center. The house is owned by Barbara Nesmith and I would like a lease on it for
the use of Children ages 2 1/2 through some grade - I have not decided fully - at
this point I am taking throuc!h 4th grade. I think that will have to be lowered
because of the size. But 2 1/2 years, fully potty trained and through whatever
age I can take. Five days a week, 7:00 A.P~, to 6:00 P.M. The parents, incidentally
quite a few of them are here, are parents of the children that I have at this time
and my Day Care is located at 630 North Blackcat Road at this time. The parents
would becomming in the back to deliver and pick up their children because my
office will be in the back. The house is situated in such that this is my only
desire. The office would face the back yard, the traffic would be in the back,
my sign would be in the front but there would be a sign on the door saying "Please
use rear door", all business would be transacted from the rear. There is a
sidewalk, four (4) parking spaces, and there is sufficient "flow through" for the
traffic. When my parents come from seven in the morning, with so few, like 15 to
20 parents, for an all day affair, they are stretched out to eleven hours so
those that go to work at 3:00 A.M. - I do have one nurse who is due at work at
7:00 and I break my rule and take her son at E:20 A.P'. - but most all of them
come beginning at 7:00 and then. they just kind of come stringing along. It's
seldom that two come in the door the same minute so those parents that have to
be at work from 7:00 to 8:00, then come those that have to be to work at 9:00 A.t1.
On f•1onday, Wednesday, and Friday mornings, since I am a Pre-School teacher from
California, I have class for those 3, 4, and 5 year olds that ? graduate into
Kindergarten with caps, gowns and diplomas - quite an exciting thing - and this
is my pride and joy. .Around 9:00 A.P4. about 6 more children come - so it's a
drawn out affair. Then beginning at 4:00 P.M. to 6:00 P.M: those children are
picked up - again it's not a congested thing. I forsee no problem for traffic.
My plans would be to fence in the back yard, my children would not be in the
front yard. This is an ideal place to do business in the rear - to have my
children and my office in the back. The whole location is what I would desire to
put to use as a Pre-School, Day Care combination. The Meridian children would be
close to the schools. I request that I be granted a Conditional Use so I
could lease the house."
Page 3
Meridian Planning & Zoning Commission April 12, 1982
Shrnfs 2 (Cont'd) Hearing Conditional Use Permit Annabelle Youmans..........
Pipkin: "What is your maximum students?"
Youmans: "By law you can have one (1) adult to 15 children at any one given
time." Youmans explained in detail the schedule that takes place to keep within
the 15 children limit. (Tape on File)
Pitchell: "Then you don't hire another person to help?'
Youmans: "flot for one to 15."
Tom Eddy: "Does the square footage of the house tell how many children you
can have?"
Youmans: "35 square feet per child - I would have about 1000."
Sharp: "What's the required outside square feet per child?"
Youmans: :75 square feet per child."
Mitchell: "This house meets all requirements?"
Youmans: "It does. It meets the requirement for 15 children at any one given
time."
Pipkin: "Are there houses on both sides of this?"
Youmans: "Yes, owned by Barbara Plesmith."
f-iitchell: "Are they on your list of approval?"
Youmans: "Yes."
Eddy: "Did the businesses on the opposite side sign approval?"
Youmans: "Yes."
Acting Chairman Don Sharp: "Before we open this to the public for comment, I
would like to inform you that we do have signatures of 35 individuals filed here
that supported this request and three additional phone-ins supporting the request
which constitutes more than 75h of the persons living or owning property within
300 feet of this property in question. 4•Je also have five notes of individuals
rejecting this request. Public Hearing now open for comment."
Bruce tcDonald: "I live at 134 E. Pine in teridian. As a family, we do not want
the Conditional Use Permit granted to Annabelle Youmans for the use of property
located at 129 E. Pine Avenue for the application of Pre-School and whatever
station is, care, and operation five days a week. She mentioned 7:00 A.M. and
it was 6:00 on the application for ayes 2 1/2 through 3rd grade. As you are
aware this property is residential area, and it's still part of residential
even though that particular house long ago was put on a Conditional Used Permit.
As you well know the only Commercial property across the street, from the alley
forward, all that property from East of Vans to the corner of Pine is all
residential area - everything Plor•th of that is residential area. I feel there
is many questions that have not been asked or even considered, and one of them
was the application - I am a little confused - what is meant by "living" or
"owning"property?"
Sharp: "In consultation with our Councel "living" means living, residing at that
location. "Owning" means owning that piece of property. When the words "living
or owning" are shown, that means that it can be either party that can sign for
that parcel of property."
McDonald: "I expect that. There are facts that Idaho Power does not own Idaho
Power but by another group, so that would negate some of those signatures on the
petition. The biggest thing is though, after consulting with the former owner of
that house, there is approximately 856 square feet in that house that can be used.
The other 400 and some is the basement and can not be used because it would not
meet the living code 701. Annabelle has stated that she wants to live there too
and to me, with all the noise coming from 15 to 20 kids that she has suggested, I
would think it would be prohibited. There is no indication on the application
where she is going to put the fences - if it's the southwest to southeast corner of
the house when it's facing on Pine, and then down the sides, or what. There's no
indication of what type of material is going to be used - chain link or wood, or
what. This is what is concerning. Another thing is we feel such a business
in our neighborhood, even though I love kids, I don't particularly think it's a
good place to have. For years it Mas: been residential, and we want to keep
Page 4
Meridian Planning & Zonin Commission April 12, 1982
Agenda 2 (Cont'd) Hearing - Conditional Use Permit Annabelle Youmans..........
it residential. In my mind, once it is Conditional Use put on that property, according
to the Ordinance we have now, if my understanding is correct, that once we put that
in as a Day Care Center, we have to live with that Day Care Center until "Hector
was a pup. Because of the fact until the day she (Youmans) decided to leave, there
would automatically become another Day Care Center if Barbara was so inclined to
lease to a Day Care Center. I feel this is not within keeping of the decor of our
neighborhood and with the work I want to do on my own home - it actually was the first
brick house built in Pleridian - I'm trying to restore it to the natural state.
I feel something like this would be anti-positive to our belief - and so is the
belief of the individual people that have written against this. They are people that
live across the street and in that area that have been there 30 to 32 years. It
is the older part of Meridian, it would be the older part of Pleridian, and will be
there long after everything else is gone."
Acting Chairman Don Sharp: "Anyone else wish to comment?"
Joe Youmans: I'm Annabelle's son - and I'm biased. The lady has a track record -
and that is what she has done prior to this location. That is on Blackcat Road
and also on Cherry Lane. She has been approved by the Council twice before - I
think unanimously. She runs a nice tight ship - she is one of the first people in
Idaho to become a licensed Pre-School as opposed to the kind of Pre-Schools that
Mr. P1cDonald knows about. That's Pre-School's where children run in and out at
random with no one being concerned about their health and welfare while their parents
are gone. She has met specifically fire, health and welfare inspection standards
and every time went in with unanimous agreement - the Boise Zoning Council and that
was unanimous agreement there. I think he (McDonald) has a point that I can
speak to, and that is how good a neighbor she can be to him with him thinking there's
going to be a lot of kinds running around. I would be concerned about my
neighborhood if someone moved next to me and wanted to open a "Burger King" - he
has a valid point about the neighborhood in general and she shares that concern.
She wouldn't say that kind of thing but I was there and spoke with Mr. McDonald
and tried to speak with the other neighbors about their concerns, and we had a
good conversation. I felt he had a valid concern about the neighborhood but I
don't think there is any validity at all about the concerns of the health and
welfare and inspection standards - the kind of fence - my brother and I built the
chain link fences to meet the standards before and we'll build 10 more if that's
what it takes to meet the standards and maintain the neighborhood. So we have
support from friends,. relatives and parents in the last few years to help keep
her school together."
Mitchell questioned the fence. (Tape on file)
Youmans stated it is to go across the rear corner of the house and back and will be
a screening type fence - the same used now on the Blackcat Road location.
McDonald: "Would that be a wood fence across the front?"
Joe Youmans: "If we could build a wood fence that would look nice we would love
to do it."
McDonald: "I'm trying to get rid of the noise factor - I don't know if that will
help it, no gates of anything like that."
Youmans: "Instead of chain link? There are certain kinds of fences how high they
have to be, how wide the posts have to be, how far you can see through them - if
a wood fence can meet those requirements - I would love to get out and build it
for you and paint it myself if I have to."
n Planning &
Page 5
Agenda 2 (Cont'd) Hearing - Conditional Use Permit Annabelle Youmans..........
McDonald: "It is my understanding there has to be overhead sprinkling in that."
Annabelle Youmans: "Not until you get over 50 Children: No it's 45."
Sharp: "Bruce, it will not be adopted, even if it's recommended for approval here -
it cannot be approved by the City Council, unless it meets the Fire Codes."
Annabelle: "It all has to meet before I can -----"
Sharp: "One thing you can depend on in this City is that Roger Welker (Fire Chief)
is not bashful."
Joe Youmans: "This is only one of four agencies that she has to meet with. She
has to meet all requirements before she can even entertain the thought of moving
there."
There was discussion concerning all the standards that have to be met. (Tape on file)
Don Weatherhead: "lfe have a youngster in this school, and I'm sure I speak for
a lot of the parents. We have had our child in numerous care centers and I can
tell you right now, we are totally delighted with the way Annabelle runs her
school." Weatherhead explained the training and head start received b,y Youmans.
(Tape on file)
There was discussion concerning the use of the house previously.
Weatherhead stated he felt the improvements required will increase the value and
stressed the fact that this was the center of town. (Tape on file)
McDonald: "Why should we live in the area we have lived in for the past 32 years,
have to move out to get away from this type of Day Care Center or various things
we had in the past in this house? I don't think it's right - it's unconstitutional."
Barbara Wesmith: "I'm the owner of the property and I wouldn't want to have anything
in the property that would be a hinderance to the neighborhood. Recently I did
make the mistake of renting to some people that abused the property, used all
the parking space - but when I found out I had them leave that property. I really
feel that she will not be a hinderance to the neighborhood."
T.L. Nelson: "I am a professional educatior and will speak as closely to impartial
as possible regarding Annabell's ability to handle children. I have two children
with this Day Care - I have taught 16 years - in Idaho and Overseas. I have
experienced Day Care Centers as P1r. fcDonald has experienced and understand exactly
how he feels." Nelson explained his experiences with many Day Care Centers and
stated he had never found a more capable woman for managing young people than
Mrs. Youmans. He praised the care and stated there has never been more than one
other parent at pickup time. He stated that he felt Youmans would not be a
detriment to the neighborhood in any way. (Tape on File)
Tony Cooper spoke in behalf of Annabelle Youmans request fora Conditional Use
Permit fora Day Care Center. "Mysentiments exactly as this gentleman"(fJelson):
Cooper explained his complete satisfaction with the care of his son, and felt
she would be a "fantastic neighbor." (Tape on file)
Don dti'oods also spoke in Youmans behalf and lauded her accomplishments with care and
teaching. ',foods also stressed her control of pickup and delivery of children,
maintaining thecenter a the back of her previous locations. (Tape on file)
P
Agenda 2 (Cont'd) Hearing - Conditional Use Permit Annabelle Youmans..........
Page 6
Phyllis Plusgrove, 214 E. Pine, stated that ~4rs. Youmans probably runs a good
school but thatthose residents opposed are trying to keep their own residential
places in order. This is why they are protesting. (Tape on file)
Annabelle stated she wanted to just be a resident too, and a good neighbor.
Mitchell stated a Conditional Use is not a license, and this Day Care cannot be
sold to someone else. It is for that person and business only.
Sharp stated a Conditional Use can be reviewed.
P4cDonald questioned the previous businesses.
Sharp requested the discussion be limited to the particular request before
Public Hearing. Other incidents should be reported or records checked. (Tape on file)
Sharp: "As the Planning & Zoning Commission we have to sit up here and try to do
what is right. I've served with this Commission for 4 years now - we have tough
decisions we have to make. One thing I would commend the Commission for is they
try to do what they think. is right and always attempt to be fair. Public Hearing
closed."
The motion was made by Pipkin and seconded by Eddy that the Commission recommend
to the City Council that Annabelle Youmans be granted a Conditional Use for a
Pre-School and Day Care Center, at 129 E. Pine.
Plotion Carried: Spencer, yea; Pipkin, yea; Eddy, yea;
Mitchell, Abstain
Agenda
3 ZONIPJG & DEVELOPPIENT ORDINANCE - SUBDIVISIOPJ & DEVELOPP1ENT ORDINANCE
There was discussion concerning the review and corrections to the proposed
Zoning & Development Ordinance and the Subdivison & Development Ordinance.
The motion was made by Spencer and 2nd by Pipkin that the Commission present the
Zoning & Development Ordinance and the Subdivision & Development Ordinance to
the City Council with corrections and changes as detailed.
Motion Carried: All yea
Agenda COMPREHEiJSIVE PLAN AMMENDMEfdT PROCEDURE
4
Acting Chairman Don Sharp announced that there are recommendations to amend the
Comprehensive Plan.
The motion was made by Spencer and 2nd by Eddy that the Planning & Zoning set a
Public Hearing for the purpose of enacting the application to amend the Comprehensive
Plan of the City of P1eridian to be submitted to the City Council on April 26, 1982,
at 8:00 P.P1.
Motion Carried: All yea
There being no other business to come before the Plan ~ng & Zoning Commission, the
meeting was adjourned at 8:55 P.M.
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