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1987 02-23 A G E N D A MERIDIAN PLANNING & CONING FEBRUARY 23, 1987 ITEM: MINUTES OF PREVIOUS MEETING HELD DECEMBER 8, 1986: (APPROVED) 1. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR MARY WILSdN:(APPROVED) DIAN PLANNING & ZONING FEBRUARY 23, 1 Meeting of the :4eridian Planning & Zoning Commission called to order at 7:30 p.m. by Acting Chairman Walt Morrow: Members Present: Moe Alidjani, Jim Johnson, Jim Shearer, Tom Cole: Others Present: Fay Minert, Mary Wilson, Kathy Reierson, Wayne Crookston, Gary Smith The Motion was made by Alidjani and seconded by Shearer to approve the minutes of the Meeting held December 8, 1986 as written: D:otion Carried: All Yea: Item #1: Public. Hearing: Request for Conditional Use Permit by Mary Wilson: Morrow, is there someone present to represent this request? Mary Wilson, 2316 N.W. lath was present ,Mrs Wilson was sworn by Attorney Crookston. Wilson, I am attempting to organize a 2~ hour activity group for pre- school children. I want to do this in my home which would be located at_ 2088 LeAnn Way, The reason I want to do this ir. my home is I have a 3'~ year child and want to stay home with him. It is a very limited program, it is not a day care center or a babysitting program. It is for only 2; hours and presently I do not have anyone as I have not done any advertising or anything like that because.we do not own the home as yet, we are closing Friday. I expect to only have one group on Monday, Wednesday and Friday morning,so that is a maxim.ium of fifteen children. If the response is good enough I would hope to expand that to Tuesday & Thursday morning also. I feel the property is excellent for this type of use as the circular drive off of a culdesac will work for the traffic and hopefully most of the children will be from this neighborhood and they will be able to walk. The entire yard is fenced. The children will only be outside for 15 minutes of the 2~ hoursT and they will be in the fenced yard. I will be using the family room in- side which is 22 by 18 which is more than enough to meet the Fire Codes, of 35 square feet per child. I will also sometime be expanding into tl'ie single car garage area which will more than double the space. As far as the comments from the Fire Department and the City Engineer, Mr. Voss advised he was specifically stating for a day care center and was not sure this would apply to this limited program. Acting Chairman Morrow, are there any questions of the Commission Members? Alidjani, you said you did not ..have any problems with the comments of the Fire Department, do you have any problems with the comments of the Engineer? MERIDIAN P & ~ . FEBRUARY 23, 1987 PAGE r 2 Wilson, I read his comments and as far as traffic problem, I feel that most of the people will come £rom within the subdivision, the hookup fee I understand that is just a one time charge and I guess that is something I have to accept. Alidjani, how many children do you think you will have at one time? Wilson, there will be no more than fifteen in a class. I will limit the 2; hour class to this many. The age will be 3~ to five. Johnson, my questions have been answered, I visited with Mrs. Wilson before and she wants to make the distinction between a day care center and a pre-school and it is very important and the comments in here from Fire Department and Building Inspection are in regards to a day care center. Cole, did you have the necessary 75~ signatures? Wilson, yes, out of all the residents in the area there was only one objection. Morrow, also let the records show one certified letter was undelivered, that was to Robert and Connie Lambert. Morrow, I will now open the Public Hearing, is there anyone else who wishes to testify? Kathy Reierson, 2943 Kristin Way, Reierson was sworn by Attorney Crookston. Reierson, Mrs. Wilson stated that she would like to have these classes from 9:30 to noon on idonday, Wednesday & Friday and then if tree response was good she would like to extei~u it to Tuesday & Thursdays which would make five days a week. In the handout she distributed she would like to add a class from 1:00 to 3:30. My question is would it mean that there are two classes every day of the week if she has a good response? Also I want to know if this is going to be limited to two classes per day if it does extend to a five day a week. I have no objection to the listed classes she is proposing but I do not want it turning to an all day thing. Another thing is the fact that Sunnybrook Farms does have a Homeowers Association and as I understand it now there is an existing covenants against running a business out of your home and I would like to know how this is going to be approached by Mary Nilson. I believe this has to be passed through the whole Homeowners Association before it can go into effect. If this goes to a two session a day will this be fifteen different children in each session? Johnson, I do not know where the Commission stands as far as covenants are concerned I do not know whether that has anything to do with what we do here tonite or not. Crookston, in the past it is not the position of the City to either deny their existance or enforce their provisions it is up to the individual property owners in the subdivision. If it has come up the Commission and the Council in the past have deferred action until those matters have resolved. This is up to the Commission. MERIllIAi`d P &Z FEBRUARY 23, 1 7 • Page #3 Johnson, you would think that it would have some bearing on this, her getting the signatures and getting approval. What about the question about there being fifteen different children at each class, could we go beyond two classes? Wilson, Yes, there would be fifteen different children and definately not going beyond two classes. It will definately not become a day care. I will limit myself for at least two years until at which time my child would be in school and then if the interest is great enough I would be expanding but it would be in a Commercial Zone completely out of my home. Crookston, just for the Commissions information the application asks for a 2; hour pre-school which is all you could grant, if she wished to expand she would have to come back before the Commission.. Morrow, that should eliviate some of your concern also, before she could expand it would be necessary to go back through the same pro- cedure. There was discussion on whether the application as submitted allowed more than one class per day of fifteen children. Reierson, I have one more question, will there be more than ore adult supervise these classes? Morrow, Mrs. Wilson would you please answer this question. Mrs. Wilson, yes there will be one other mother beside myself. It is a very well organized program. Morrow, is there anyone else in the audience who wishes to testify? There was no response. The Public Hearing was closed. The Motion was made by Shearer and seconded by Johnson that the Meridian Planning & Zoning Commission hereby adopts and approves the Findings of Fact and Conclusion as prepared by the City Attorney. Roll Call Vote: Alidjani, Yea: Johnson, Yea: Shearer, Yea: Cole, Yea: Morrow, Yea: The Motion was made by Johnson and seconded by Shearer that the Meridian Planning & Zoning Commission hereby recommends to the City council of the City of Meridian that they approve the Conditional Use Permit req- uested by the Applicant for the property described in the application upon meeting all the conditions set forth in the Findings and Conclusions. Motion Carried: All Yea: Mrs. Wilson was reminded even though this was approved by the City that the subject of the covenants was between her and the other residents of the subdivision. There was some discussion on this matter. The Motion was made by Cole and seconded by Shearer to adjourn the meeting at 8:02 p.m. MERYDIAN P & FEBRUARY 23, 1987 PAGE # 4 Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTEST: c= ,.~-..r.- Jac Niem/nn, City Clerk C_, pc: Mayor & Council P & Z Ccmmission Atty, Eng, Police, Fire, Ward, Stuart, Mitich, Valley News Statesman, Kiebert ACRD, NIMD, ACC, ACZ, CDH Maii (1) File (1) BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MARY L. WILSON CONDITIONAL USE PERMIT 2088 LEANN WAY MERIDIAN, IDAHO PRELIMINARY AMBROSE, FIRGERALD 6 CROOKSTON ABOmays ln0 CPUneNOrs P.O. BOa 127 MsrMIM, bMP B2B12 iNpNma3B8~M61 FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing February 23, 1987, 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 €ollowing Preliminary Findings of Fact and Concluaioas: 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 said public hearing scheduled for February 23, 1987, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 23, 1987 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and is owned by Douglas Haslen/Meredith Relocation Co., and is described in the application which description is incorporated herein; the property is in the Sunnybrook Farms Subdivision; the Applicant is Mary L. Wilson who is the proposed purchaser of the property; 3. That the property is .located in an R-4 Residential district, which requires a conditional use permit for the operation of a business of a day care or pre-school which is the use the application requests; that such use is a commercial use; the Applicant would also use the property as her home located in the same building which does not require a conditional use but is a permitted use in the R-4 Residential District. 4. That the R-4 Residential is described in the Zoning Ordinance, 11-2-408 B. 1 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantely residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows fora maximum of four (4) dwelling units per acre and requires connection to the Municipal Watez and Sewer systems of the City of Meridian. I 5. That the commercial use proposed by Appliant is an allowed conditional use in the R-4 Residential district. (11-2-409 B). AMBROSE, E)• That the surrounding property is developed FITZGERALD B CROOKSTON Atromays mb Gouneelon P.O. BoK 127 IAarWNn,10Ya 87!12 TN~PNOmBBBM61 _. - Y.:a:::. ~...~._,tsc .». _.. .. residentially. 7. That a proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. B. That the property is presently used as a residence only. 9. That the Applicant has submitted petitions signed by at least 75$ of the people owning property within 300 feet of the property indicating their approval of the use of the property as requested by Applicant. 10. That the City Engineer and the Building Inspector have submitted comments which comments are incorporated herein as if set forth in full hereat. 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 within 300 feet of the external boundaries of the applicant's property and having obtained the consent of 75$ of the owners of property 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 ~L1sROSE, Meridian, Idaho; FITZGER~LD d CROONSTON 118omye NE Counsebrs P.0.8oa Itl MMEiM.IEYw 83!14 T1Mp8aw 886/M7 AMBROSE, F1T2GERALD d CROONSTON Atlangs rM CnunNlon P.O. BOK ~Z7 MMEI~n, WYro l7M7 i~Np~aM BBS~MI 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 specifically 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 not be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance controls and allows 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 should not be hazardous nor should it disturbing to existing or future neighboring uses; however, any increase in traffic should be monitored and if found to be excessive this would be grounds to revoke the conditional use permit. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for publid 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. Sufficient parking for the property and the proposed use must be provided. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. The requirements set forth in the comments by the City Engineer and the Building Inspector shall have to be complied with as well as all other ordinances of the City of Meridian. AMBROSE, FITZGERAID B CROOKBTON Atlornye aM Counssbra P.O. Bo. l27 Msrlaluy IUNo a~erz tWggns!lBJMI 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 Morrow Voted IC,Ia Commissioner Alidjani 1' Voted 'IA~ Commissioner Johnson Voted ~ QA~ Commissioner Shearer Voted~,~ Commissioner Cole Voted '~ 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 upon meeting all the conditions set forth in these F indings and Conclusions. MOTION: APPROVED: DISAPPROVED: AM BROSE, PfTZGERAID B CROOKSTON Attomayt mE Counsebn R.O. Bo: ~2T MM01Mi, IOtlto 838III T~Itq~dMOS6ME1