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
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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
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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
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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
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P.O. Bo. l27
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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
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