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1992 06-25 A G E 2J D A SPECIAL PLANNING & ZONING MEETING JUNE 2.~, 1992 5:30 P.M. ITEM: 1: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY DR. TRUDY COMBA FOR DAY CARE CENTER: (APPROVED) 2: REQUEST FOR VACATION OI' EASEMENTS BY BOISE MINOR EMERGENCY CENTER IN SETTLERS VILLAGE: (AppROVED) 3: DISCUSSION & REVIEW ON PROPOSED AMENDMENTS TO TI3E ZONING & DEVELOPMENT ORDINANCE: (DISCUSSION HELD) SGLCIRL__MEETING MERiDIHN PLFjPJNiNG & ZDNING JUNE G6 1992 The Special Meetznq of the Meridian planning and Zoning Commission was called to order by Chairman Jim Johnson at 5:30 G. M. Members Present: Charlie Rountree, Moe Aiidjani, Tim Hepper, Jim Shearer: Others F~resent: Stephanie Williams, Wayne Crookston, Trudy Combo, Evelyn Sews, Rick Mc6raw: ITEM #1: pUBLIC F-iERRTNG: REQUEST FOR CONDITIUNRL USE PERMIT PY UR. TRUDY COMPR FOR DRY CRRE CENTER: Johnson: I will open the public Hearing. Is there anyone here representing. the applicant that would like to come forward and address the Commission and answer questions? Hepper: Stepping down due to a conflict of interest. Trudy Combo, 905 Donnybrook, Poise, was sworn by the attorney. Combo: Thanked Commission for having this special hearing. The property is right in back of Rlbertson's on Meridian Road. It has a house on it and what I'd like to do is get a conditional use permit to begin taking children in that house and then in the spring submit plans for an additional building on the property so that it be a complete school. Johnson: You've been in this business for some time as we understand it. Combo: Fifteen years. Johnson: This would be your fifth location. Combo: Yes. Johnson: I was over today and walked the property with Mrs. Bales. She indicated that perhaps you have some plans that aren't shown on the diagram to put a turn around area in, which is something that we would like to see. Combo: I am going to have the architect do a plot plan then he will figure out where the best location for that new building is. I want to preserve the naturalness of that land, Right now 1 don't believe there's anything additional to operate in that house. There's driveway there to make the turn around right at the garage and come out. Johnson: That is not a complete turn around though. SPECIAL P & Z MEETING JUNE 25, 1992 PAGE 2 Comba: i am taking down the old shed behind and I thought if we needed additional room to make a turn around. Rountree: Have you seen the comments from the City Engineer' Johnson: These comments are new and i don't believe she has seen them. Rountree: They iust basically talk about the turn around and that signing has to conform w rth our city ordinance and that sort of thing. Comba: Certainly and I will do that. Roun+.ree: What's the current use of the property? Comba: It is residential right now. Alidjani: The City Engineer has noted that your water and sewer might go up according to the member of people you have there. Do you have a problem with that? Comba: Not a problem. Crookston: Are there irrigation canals around the property at all? Comba: On the lower part going north at the end of the proper•t y. On the lower level there is and I do plan on putting a six foot fence along there. Crookston: The fence that you are referring to is that something that kids cannot climb up? Comba: What I do to my other properties, I out a cyclone fence with plastic. Also plan on not letting the children down on that side of the house at all. Crookston: ^n your drawing that you s~_~bmitted with your application you did show a fenced ar^e a, will that area include this fence that we've just discussed? Comba: There will be probably two separate fences. There will be fencing around the property and fencing around the play yard. SPECIAL P 3 Z MEETING JUNE G5, 1495 PAGE 3 Johnson: Thank you. Anyone else to testify? No response. I will close the Public Hearing. We have had Endings of Facts and Conclusions of Law prepared by our City Attorney. Any discussion? No response. The Motion was made by Rountree and seconded by Alidjani that the Planning and Zoning Commission hereby adopts and approves these FinCings of Fact and Conclusions of Law and hereby recommend that the City Council approve this request. Roll Call Vote: Hepper - Abstain; Rountree - Yea; Shearer - Vea; Alidiani - Yea; Motion Carried: All Yea: ITEM #~: REQUEST FOR VACATIDPJ OF EASEMENTS BY BCISE MINOR EMERGENCY CENTER IN SETTLERS VILLAGE: Stephanie Williams: I did send all the letters to the utilities and have teiephone confirmation from Idaho Power and Intermountain Gas that they are approving this and will be sending letters to confirm this. The Motion was made by Rountree and seconded by Shearer to recommend approval to the City Council for the vacation of Easement by Roise Minor Emergency Center: Motion Carried: Ali Yea: ITEM #3: DISCUSSION R REVIEW OfJ PROP05ED AMENDMENTS TD THE ZDNiNG AND DEVELOPMENT ORDINANCE: Johnson: Does anyone have any questions on these? Clerk Niemann: Gary and I have a problem with number two on the zoning ordinance about the area, this is something new stuck in there. About the irrigation easements, because sometimes they classify those side lots as drainage and irrigation easements. The purpose of this is so that when there's a big main ditch that runs through a property that is something like Five Mile Creek that they don't show the lot going clear to the center of the ditch. I don't think we want to do all irrigation easements. (Further Discussion on ditches - see tape) Crookston: I think the way to handle it is not ;n the definitions. I think we need a definition for lot area. 3PECIRL P & Z MEETING JUNE 25, 199 PAGE 4 Shearer: Interested in Item #8, why are we doing that? Johnson: It gives us more control over it. Rountree: Disc~_ission on Page ~, Item D-1. Hepper: I've talked to a couple of developers and I've run this by a couple of them and they said that the result of this is that they are going to slow down on s~.a 6divisions in Meridian because the cost is going to become prohibited by making the lots wider frontage it's going to drive up the cost of the lots and therefore it won't be as profitable, so they wi/i take their projects to Beise. Johnson: I think it gives us a little more quality. The repetitive comment that we get is that the developer is trying to jam as many lots as he can into an area. Hopefully this will alleviate some of that. Alidiani: On the same issue as Mr. Hepoer is talking, I have a concern on page 4. Cn R--4 and R-3 the setbar_k on the side, I don't think 7 1/2 feet is adequate I'd rather see more than that. Johnson: We only have five now. Hepper: That's seven and a half per story. Alid~ani: I'd like to see it more than that. Johnson: Then you take away building space on the lot. I think 7 1/2 feet is what Boise and Eagle have also. Shearer: I don't think 7 I/~ is to bad for a minimum. Clerk Niemann: Is that 7 l:;' in all zones"' Crookston: Just the R~-."' and R-3. Johnson: What else does anyone have"' Rountree: Page 7, Item I, some of the wording needed corrected. Crookston: Okay. Rountree: Page B, Section i5B Items 1-B maybe we ought to make it clear that with manufactured ho~,~sing they to have to provide two car garages. SPEClR~ G'LRNNING & 7.ONING JUNE ~5, 199 PRGE S Hopper: What's the present sq~_iare footage for a d~_~plex"' Clerk Niemann: I don't think we have anything on a dup'_ex. Rlidiani: The only restriction we have is iust on the let size. Shearer: That conditional use in that auto repair shop still bothers me. i think we ought to cor,t rol the a~.~t omo6ile shop as far as o~_it side parking and parts oat side. i think that we should be a61e to have control without penalizing the companv that's coming into town to build and having to go throuq_h that process. (Further Discussion -- see tape) The Motion was made by Rwmtree and seconded by Shearer to approve the petition for Planning and Zoning Ordinance changes as amended and discussed at this meeting. Motion Carried: R11 Yea: Johnson: The public hearing to be at the regular Rugust meeting. The Motion was made by Riid~ani and seconded by Rountree *.o ad~o~;rn at 6:~5 P. M. Motion Carried: R11 Yea: (TRPE ON FILE OF THESE PROCEEDINGS) RTTEST: RPPROVED: ~~ --~-1 J JOHNS PJ, CHRiRMRN AMENDED NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will hold a special meeting at 5:30 o'clock p.m., Thursday June 25, 1992, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose of said meeting is to review, consider and take action on the Application of DR. TRUDY COMBA for a conditional use permit for the property located generally at 1830 N. Meridian Road and generally described as parcel #6196 of the SW 1/4 of the SW 1/4, Section 6, Township 3 North, Range 1 East, Meridian, Ada County, Idaho, for a child care center to be known as SMALL WORLD, INC. NOTICE IS HEREBY FURTHER GIVEN that the Meridian Planning and Zoning Commission will also review, consider and take action on the same date, time and place upon the Application of the MERIDIAN MINOR EMERGENCY CENTER to vacate 2 easements as follows: 1. one easement between lots 1 and 2, Block 1, Settlers Uillage, and 2. one easement between Lots 2 and 3, Block 1, Settlers Village, Meridian, Ada County, Idaho. NOTICE IS FURTHER HEREBY GIVEN that the Meridian Planning and Zoning Commission will consider and take action upon amendments to the Zoning Ordinances and Subdivision and Development Ordinances of the City of Meridian, on the same date, time and place. The public is welcome and comment or testimony will be taken AMRROSE, FIT2G ERALD acROOKSroN regarding the above matters. Attorneys antl DATED this/®th day of June, 1992. Counaelon Mar dl~gl No /'-`` ~ ~~ saws ~ JACK ANN, IfY~LERK Tslsolwns BBEwaE1 / j ~ % BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN DR. TRUDY COMBA CONDITIONAL USE PERMIT 1830 N.MERIDIAN ROAD MERIDIAN, IDAHO AMBROSE, FITZG ERALD B CROOKSTON Attorneys anC DOUnNI0n1 P.O. Box /Y7 MsrlGlan, tASno 83812 relwnorro BBBa1e1 PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing June 25, 1992, at the hour of 7:30 o'clock p.m., the Petitioner appearing, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 25, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 25, 1992, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and the Applicant has an agreement to purchase the property which property is described in the application which description is incorporated herein; that the uses of the PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 1 surrounding property are for agricultural, residential, and commercial. 3. That the property is zoned C-C, Community Commercial; that the zone require a conditional use permit for the operation of a day care center caring for thirteen (13) or more children, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 4. That the C-C District is described in the Zoning Ordinance, 11-2-408 B. 2 as follows: (C-C) COMMUNITY BUSINESS DISTRICT: The purpose of the (C-C) istrict-i~permit the estab~shment 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. 5. That the property is contained in the MOTH CURVE neighborhood as designated on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan; neighborhoods are defined in the Plan at Page 6 and states as follows: "Definition: The neighborhood is a residential area with uni o~rm characteristics of a size comparable to that usually served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one-half to one and one-half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification." AMBROSE, FIT2GERALO 6CROOKSTON ABOmeya ano Counaelora P.O. Box a2] MaNOIan, IONo exaz Talsplrona BBBiaBt 6. That the use proposed by the Applicant is set forth PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 2 AMBROSE, FIRGERALD B CROOKSTON Attorneys and Counselors P.O. Boz zY7 MerlOlen, IdNo eae,s TelaPflone BBBJMI above and the Applicant does not state in her application how many children she proposes to care for; inquiry will have to be made at the public hearing. 7. That the day care use proposed by Applicant is an allowed conditional use in the C-C district. 8. That the subject property is presently residential but the exact present use is not stated in the Application and will have to be investigated at the hearing; that the structure on the premises is designed as a single-family dwelling; that the property is not entirely fenced but the Applicant has shown a fenced area in the Application; that the property or adjacent areas may contain irrigation canals or facilities on the property. Inquiry will have to be made regarding hazardous areas or facilities. That the structure is an older home and may need updating to meet the building, electrical, fire and life safety codes. 9. That the property has immediate direct access to a transportation arterial or collector; an area for parking of visitors and as a drop-off/pick-up area for children is not specifically shown on the drawing submitted with the Application and such will have to be investigated at the hearing; that vehicular access should not be a problem and the proposed use does not require greater access but plans and areas for pick-up and parking will have to be addressed. 10. That sewer and water is already connected to the PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 3 property, but the use may require additional charges or fees. Also, the City Engineer may submit comments which will be incorporated herein as if set forth in full herein; that the comments may specifically address, in addition to the possible increase in water and sewer fees, the need for off-street parking and screening of the facility from the adjacent developments. 11. It is believed that the Applicant holds a license from the State of Idaho to operate a day care center but this will have to be established at the hearing. 12. That these Findings of Fact have been prepared prior to the hearing and may have to be amended as a result of the testimony and evidence submitted at the hearing and the Commission reserves the right to amend these Findings of Fact. 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. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. FI ZG ERALD 3. That the City has the authority to take judicial notice SCROOKSTON of its own ordinances, other governmental statues and ordinances, A~~orn.y. entl Couneeloro P.O. Box X27 Marltllan, Itleho B38"2 PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW TelePNOne SB&NE1 Page - 4 • C~ and of actual conditions existing within the City and state. 4. 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. 5. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit 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 appears to be capable of being designed and constructed to be harmonious in appearance with the character of the general vicinity. d. That the use should not be hazardous nor should it be disturbing to existing or future neighboring uses; that adequate safeguards from irrigation facilities must be constructed; that traffic should not increase significantly because of the proposed day care center. e. The property has Sewer and water service already connected. AM BROSE, FITZGERALD 6 CROO KSTON Attorneyn nnE Couneelon P.O. eov l27 MarlElen, IEeNo eae4s TelpMrro BBBJe81 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 PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 5 economic welfare of the community. g. The use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking layout will have to be approved by the City Engineer. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. That although it is mentioned below that the Applicant shall be required to meet all of the Ordinances of the City of Meridian, it is specifically concluded that the Applicant will be required, as a condition of issuance of the conditional use permit, to bring the house up to code requirements due to the change of use. 7. That the City has judged this Application for a conditional use upon the basis of the guidelines and standards above mentioned 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 can take judicial notice. 8. It is further concluded that any comments, AMBROSE, FITZGERALD B CROOKSTON Attorneys and Counselors R.G. BoY sPT MerlElsn, IUNo aTa+s Tslaptrone BBB-IM1 recommendations and requirements of the City Engineer will have to be met and complied with. 9. The Applicant shall furnish proof of holding a license from the State of Idaho as a Day Care Operator as a condition of PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 6 the conditional use permit. 10. That these Conclusions of Law have been prepared prior to the hearing and may have to be amended as a result of the testimony and evidence submitted at the hearing and the Commission reserves the right to amend these Findings of Fact. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) DECISION AND RECOMMENDATION AM BROSE, FITZGERAID dCROOKSTON Attomeye en8 Couneelon P.O. BOt<127 MerlElen, IEello 8.9812 Telpflone 8881/81 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 and that the Applicant be specifically required meet all of the Ordinances of the City of Meridian, specifically including the Uniform Building Code, the Fire Code, the Life Safety Code, the Electrical Code. MOTION: APPROVED: ` ~~ VOTED `-- ~ :'''a:._ VOTED~_`_ " ;i VOTED VOTED_~ _: " VOTED~____ DISAPPROVED: PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 7