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
•
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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