1991 10-08
A G E N D A
MERIDIAN PLANNING & ZONING
OCII~BER 8, 1991
I ITEM
MINUTES OF THE PREVIOUS MEETING HELD SF.P'iT7EBER 10, 1991: (AppROVED)
1: FII~IDINGS OF FACT & CONCLUSIONS ON REZONE REQUEST BY DORADO DEVELOPMENT: (AppROVED)
2: FINDINGS OF FACT & CONCLUSIONS ON REQUEST FOR CONDITIONAL USE PERMIT BY
STOCKER, BURHAN & QUANG THE DO: (APPROVED)
3: FINDINGS OF FACT AND CONCLUSIONS ON REQUEST FOR CONDITIONAL USE PERMIT
BY TAMERA PERKINS:(APPROVED)
4: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY DENNIS & JANET
BUTTERFIELD:(FINDINGS OF FACT TO BE PREPARED)
5: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY MARLA WEST: (FINDINGS TO BE
PREPARED)
6: PUBLIC HEARING: REZONE REQUEST BY SAM ZENOR: (FINDINGS TO BE PREPARED)
MERIDIAN PLANNING & ZONING
OCTOBER 8, 1991
The Regular Meeting of the Meridian Planning and Zoning Commission was called to order by
Chairman Jim Johnson.
Members Present: Jim Shearer, Charlie Rountree, Tim Hepper:
Others Present: Marla & Daryl West, Richard and Kathleen Cathey, Lester Jerome, Mary
Williamson, Dennis Butterfield, George O'Conner, Sam Zenor, Dorrine Zenor, Linda Paddock,
Patrick Oiiver, Kathe' Mitchell, Wayne Crookston:
MINUTES OF THE PREVIOUS MEETING HELD SEPTEMBER 10, 1991:
The Motion was made by Shearer and seconded by Tim to approve the minutes of the previous
meeting as written:
Motion Carried: All Yea:
ITEM #1: FINDINGS OF FACT AND CONCLUSIONS ON REZONE REQUEST BY DORADO DEVELOPMENT:
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and
zoning Commission hereby adopts and approved these Findings of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Absent:
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Hepper that the Meridian Planning and
Zoning Commission hereby recommends to the City Council of the City of Meridian that they
approve the Rezone request by the Applicant for the property described in the application
with the conditions set forth in the Findings of Fact and Conclusions of Law.
Motion Carried: All Yea:
ITEM #2: FINDINGS OF FACT AND CONCLUSIONS ON REQUEST FOR CONDITIONAL USE PERMIT BY
ST[TCKER, BURHAN & QUANG THE DO:
Johnson: Any comments before we make a recommendation?
Hepper: Questioned about whether water and sewer are available?
Discussion Held:
The Motion was made by Hepper and seconded by Shearer that the Meridian Planning and Zoning
Commission hereby adopts and approved these Findings of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Absent:
Motion Carried: All Yea:
The Motion was made by Hepper and seconded by Shearer that the Meridian Planning and Zoning
Con¢nission 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.
Motion Carried: All Yea:
MERIDIAN PLANNING & ZONING
OCTOBER 8, 1991
PAGE 2
ITEM #3: FINDINGS OF FACT AND CONCLUSIONS ON REQUEST FOR CONDITIONAL USE PERMIT BY TAMERA
PERKINS:
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and
Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Absent:
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and
Zoning Commission hereby recommends to the City Council of the City of Meridian that they
approve the Coniditonal 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 or similar conditions as found justified and appropriate by the City Council and that
the property be required to meet the water and sewer requirements, the fire and life safety
codes, and the Uniform Building Code, and other Ordinances of the City of Meridian. The
Conditional Use should be subject to annual review upon notice to the Applicant by the
City.
Motion Carried: All Yea:
ITEM #4: PUBLIC HEARING: REQUEST FOR
BUTTERFIELD:
USE PERMIT BY DENNIS & JANET
Johnson: I will open the Public Hearing. Is there someone representing the applicant that
would like to come forward and address the Commission.
Hepper: I will be stepping down, I have a conflict of interest.
Dennis Butterfield, 2833 Autumn Way, was sworn by the attorney.
Butterfield: We are proposing to build a shop for the Meridian Plumbing Company and an
office on site. We have ernest of the property just south of Franklin on Meridian Street
and King.
Rountree: You made the statement in your application that the proposed buildings and
grounds are to be of such size that all trucks and materials can be housed inside, and in
the plot plan you show a proposed building on lot 12 of block 4 but you didn't have
anything identified on lot 12 of block 3. Will that be set up for storage or future
development?
Butterfield: That's for future use. We don't know if we will keep it or sell it.
Johnson: Have you read the Ada County Highway District's recommendations?
Butterfield: I scanned it the other day but I could not find it today. I don't think
there is anything our of the ordinary there. They are asking us if we wanted to use that
access on Williams Street to have part of it paved. However I don't think we are
interested in that.
MERIDIAN PLANNING & ZONING ~ •
OCTOBER 8, 1991
PAGE #3
Johnson: But you did look at them and you don't have any problems with the
recommendations.
Butterfield: No.
Johnson: The same thing with the City Engineer's comments. Do you have any comment on any
of those?
Butterfield: No problems.
Johnson: You don't have a problem with the off-site parking requirement right?
One space employee and one space company vehicle on site drainage retention for parking
area. Parking area shall be paved.
Butterfield: I didn't really plan to pave parking for all the .employees. My thought was
to pave it for the customers.
Johnson: You will probably be required to pave that. Anyone else from the public
to testify?
Mark Burnham, 42 E. King, was sworn by the attorney.
Burnham: I just wanted to know how this will set on the property? Would it be fenced?
Johnson: It faces Meridian. It shows some landscaping and some grass and shrubs. Some
parking and some driveway. Anyone else from the public who would like to testify?
Seeing and hearing none I will close the Public Hearing.
The Motion was made by Rountree and seconded by Shearer to have Findings of Fact and
Conclusions prepared by the attorney with a favorable recommendation to the City Council.
Motion Carried: All Yea:
ITEM #5: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY MARLA WEST:
Johnson: I will now open the Public Hearing. Is there someone here representing the
applicant who would like to come forward on this request.
Marla West, 1834 Crestmont Drive, was sworn by the attorney.
west: We bought this duplex and want to turn it into Day Care. We've already remodeling
and opened it up into one unit, and will be caring for 8 to 12 children.
Rountree: Do you propose to have parking on the one end of the duplex?
West: Both of them would be used for the day care. I'd have one car there but the other
three spaces would be available. They can double park them in there so you can get four
cars in each side.
Rountree: Are you currently operating a day care?
West: I have been just tending two children all the time.
Rountree: I notice that there is little tricycles out in front on the parking pads, are
you going to allow the children to be in the front or will they be supervised in the back
yard?
i
MERIDIAN PLANNING & ZONING
OCTOBER 8~ 1991
PAGE #4
•
West: They would mainly be in the back.
Rountree: I've noticed that the fence appears to be in somewhat disrepair. I assume
that's part of the remodel.
west: Yes we are in the process of fixing that now.
Rountree: You are proposing up to twelve children.
West: Yes. 2 basically just want to carry eight.
Rountree: What ages?
West: Anywhere from infant to five years old.
Rountree: What hours of operation?
West: From 7:00 A.M. to 6:30 P.M..
Rountree: Will you have an assistant or just yourself?
West: I will have an assistant when I have over four my sister-in-law will help me.
Hepper: How many days a week?
West: Five day a week.
Hepper: You won't have any late evenings?
West: No.
Shearer: Is there any covenants in that subdivision that regards to day care and if you have
approval of the covenants if there is.
West: No not that I read when we bought it.
Crookston: Do you have a state day care license?
West: I'm in the process now but it's pending my fire inspection.
Crookston: You are applying for it though.
West: Yes.
Crookston: Do you understand the definition of 7 to 12 children during the day total? Gave
explanation. (TAPE ON FILE)
Rountree: Have you seen the comments from the City Engineer as it relates to water and sewer
hookups and do you have any questions on those?
west: The only question I have is on the sewer and water. We want this to be changed to one
residence and are wondering if they will change that to one hookup.
Discussion.
MERIDIAN PLANNING & ZONING
OCTOBER 8, 1991
PAGE #5
Johnson: I have a question about the parking. You have four parking spaces on the north
driveway. To make that functional that's really just two for drop off and then if you have
one or two cars permanently parkied there for you and an employee.
West: Just One.
Johnson: So in effect you would have one driveway clear and the other one would just have the
one automobile on it. Then there is a space between the two driveways for one car.
West: Yes. We've had eight cars parked in there with no problem.
Johnson: Thank you. Anyone else to testify on this?
George O'Conner, 1819 Crestmont Drive, was sworn by the attorney.
O'Conner: The concerns that I had about a year ago when the Inchworm day care opened up are
the same as now with regard to the additional traffic on Crestmont.
Johnson: The conditional use permits are issued with an annual .review.
O'Conner: The other concern I have has to do with that entire block region there. It seems
now with Inchworm and if this were to go through, there is a general commercialization trying
to move into the subdivision.
Crookston: I think that particular area is so built up with houses it would be very difficult
to commercialize it unless they were going to tear down the houses and put up a new building.
Johnson: Anyone else to testify? Seeing none I will close the public hearing. We do have a
letter of objection to enter into the record received from Mrs. Caron.
The Motion was made by Rountree and seconded by Shearer to enter the letter of objection into
the record from Mrs. Caron.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Hepper to have the attorney prepare Findings of
Fact and Conclusions of Law on this request.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Rountree to recommend to the Meridian City
Council approval of this request.
Motion Carried: All Yea:
ITEM #6: PUBLIC HEARING: REZONE REQUEST BY SAM ZENOR:
Johnson: I will open the Public Hearing. Is there a representative present for this request?
Sam Zenor, 2080 Turnberry, was sworn by the attorney.
MERIDIAN PLANNING & ZONING ~ •
OCTOBER 8, 1991
PAGE #6
Zenor: We propose to open an Allstate Insurance Office at 1233 Meridian Street.
Hepper: Have you seen the comments from the City Engineer? Do you have any problems with
any of those?
Zenor: Yes. The only one that I was wondering about was the four foot high fence. If we
did the parking in the front I don't know whether he'd want that in the front or not. This
is something I probably should clear up with him.
Rountree: I think what he is suggesting there is a screen greater than 4 feet but less
than 6.
Zenor: I didn't know whether the neighbors would want that up or not.
Hepper: Generally we like some sort of separation between commercial and residential.
Rountree: Did you see the comments from Ada County Highway District?
Zenor: No I didn't. I didn't have those.
Rountree: Look these over and see if you have any comments about any of those.
Zenor: I don't have a problem.
Rountree: Your application is for rezone from R-4 to limited office space. What would
that LO zone allow?
Clerk Niemann: It would allow office type building.
Rountree: Is there a specific reason why you are requesting a rezone instead of a
conditional use permit?
Zenor: I was told that I should try to have limited office.
Shearer: Did you see the comments from the Engineer about not backing onto Meridian Road.
Zenor: Yes. That was something that I was wondering about.
Johnson: I did talk with the Engineer and I think what he had in mind was for the parking
to be in the back so that people wouldn't be backing out onto Meridian Rd..
Hepper: How many parking spots were you going to have?
Zenor: Whatever is needed.
Johnson: Anyone else to testify?
Richard Cathey, 4227 Patton Street, Boise, was sworn by the attorney.
Cathey: Voiced concerns about traffic backing onto Meridian St.. I own the house next
door to this. We felt like it would look better if the parking were in the rear to.
Wanted to know more about the sign to be placed in the front yard.
Johnson: We have a sign ordinance and he would have to meet those restrictions.
..
MERIDIAN PLANNING & ZONING
OCTOBER 8, 1991
PAGE #7
Cathey: My feeling is that it would be better if there were one attached up by the house.
The other question I have is with this being rezoned does that take in a larger area or
just this lot?
Johnson: Just on the property that he has purchased. Thank you for your comments. Mr.
Zenor could you come back up please. With respect to the size of your business are you
going to have any additional people at this time or how many people would be working out of
that office?
Zenor: Probably a total of three. On the sign issue we are only going to do what the
city will allow us to do.
Johnson: Anyone else to testify?
Patrick Oliver, 1205 Meridian Street, was sworn by the attorney.
Oliver: In reference to the sign I live two or three houses down from where this will be
and the signage will be in the front yard and I understood that you can not build anything
from so much from the street inwards, is that correct?
Johnson: Are you talking about setbacks.
Oliver: Yes.
Johnson: Do you want the exact footage or something?
Oliver: Yes.
Johnson: I don't know what it is right off.
Oliver: My concern is that I've been told for so many years that I can not build a carport
on the front of my existing property because it would interfere. What's the difference
between putting up a carport and putting up a sign? If he is allowed to do that then am I
allowed to go ahead and put up the carport?
Johnson: You have to meet the setback requirements and if you can meet those requirements
then it would just take a variance.
Oliver: The next question is with this going to a co~nercial zoning on our side of the
street, does this mean that houses on our street on our side can possibly be rezoned at any
time?
Johnson: You can always apply for a rezone, there is no restrictions on applying for a
rezone. Thank you. Anyone else to testify?
Bud Jerome, 1212 W. 1st, was sworn by the attorney.
Jerome: My concern is about the parking. I would like to see the parking eliminated in
the front and put in the rear. Is parking going to be allowed on Cherry Avenue for this
business? My concern is that it is so narrow.
Johnson: All streets have requirements for parking unless so posted. The City of Meridian
has no control over the streets. What we do have control over, the police department would
i i
MERIDIAN PLANNING & ZONING
OCTOBER 8, 1991
PAGE #8
be, it would be considered some sort of safety hazard. I wouldn't anticipate there being,
in the condition of this approval, a restricition at this time that they couldn't park on
there.
Crookston: There are certain parking limitation as to what you can use the street for.
Gave some examples.
Jerome: Another concern is the alley way in behind there, if they were to start blocking
that alley way.
Johnson: They have to leave that open. Thank you for your comments. Anyone else to
testify? Seeing none, I will close the Public Hearing.
The Motion was made by Hepper and seconded by Rountree to have the attorney prepare
Findings of Fact and Conclusions of Law.
Motion Carried: All Yea:
The Motion was made by Hepper and seconded by Shearer to proceed with a favorable
recommendation to the City Council.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Rountree to adjourn at 8:28 P.M..
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
ATTEST:
~~ i
JACK , CITY CLERK
`~
pc: Mayor & Council,
P & Z Members, Atty, Police,
Bldg., Eng., Stuart, ward, Gass,
ACHD, NMID, CDH, Settlers,
Valley News
Mail (6)
File (6)
l • •
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
DENNIS AND JANET BUTTERFIELD
CONDITIONAL USE PERMIT
SOUTHEAST CORNER OF MERIDIAN AND KING STREET
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
October 8, 1991, 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 following Findings of Fact and Conclusions: ~
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 October 8, 1991, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 8, 1991,
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
AMBROSE,
fITZGERALD
B CROOKSTON
Atlornaye eno
C.OIIOeel016
P.O. Box /27
MerlClen, IoA~o
83BIZ
TalePNOne BBB//81
Meridian and the Applicant has an agreement to purchase the
property; the property is described in the application which
description is incorporated herein.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1
r~
3. That the property is zoned Old Town, which requires a
conditional use permit for the operation of plumbing office and
warehouse which the application requests.
4. That the Old Town District is described in the Zoning
Ordinance, 11-2-408 B. lb. as follows:
(OT) Old Town District: The purpose of the
(OT) District is to accommodate and encourage
further expansion of the historical core of
the community; to delineate a centralized
activity center and to encourage its renewal,
revitalization and growth as the public, and
quasi-public, cultural, financial and
recreational center of the City. A variety
of these uses integrated with general
business, medium-high to high density
residential, and other related uses is
encouraged in an effort to provide the
appropriate mix of activities necessary to
establish a truly urban City Center. The
District shall be served by Municipal Water
and Sewer systems of the City of Meridian.
Development in this district must give
attention to the handling of high volumes of
traffic, adequate parking, and pedestrian
movement, and provide strip commercial
development, and must be approved as a
conditional use, unless otherwise permitted.
5. That the use proposed by Applicant is not a specific
allowed use in the Zoning Schedule of Use Control, 11-2-409;
however 11-2-407 D. 1. provides as follows:
"When a use is not specifically listed as a permitted use,
such use shall be hereby expressly prohibited unless by
application and authorization (as provided for under
Conditional Use) it is determined that said use is similar
to an compatible with listed permitted uses. Such uses may
then be permitted as Conditional uses.an allowed conditional
use in the R-4 district pursuant to 11-2-409 B.
AM BROSE,
RIT2GERAlD
B CROD KSTON
Attorneys and
CounNlora
P.O. Boa a2T
MstlClen, IEa~o
838/2
Talep~one BBB~a81
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2
6. That electronic equipment and supplies, lumber yards,
cabinet and door shops, and other similar business are allowed as
conditional uses in the Old Town District.
7. That the property to the west is used as an office and
as storage for a gas utility contractor; that property to the
north was used as a computer sales office and is planned for a
residential development; that property to the east is used for a
grocery store and as a used clothing and furniture store; that the
property to the south is for an office building.
8. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
given and followed.
9. That sewer and water is available to the property.
10. That the City Engineer has submitted comments and they
are incorporated herein as if set forth in full herein.
11. That the Ada County Highway District (ACRD) has not
submitted comments but they may and they shall be incorporated
herein as if set forth in full herein.
12. That Nampa Meridian Irrigation District, Central
AM BROSE,
FITZG ERALD
A CROO KSTON
Attorneys and
Counselors
P.O. Bos ART
MerlElen, IOeho
8382
Telephone BB&e,Bt
District Health Department, and the Meridian Fire Department
submitted comments and they are hereby incorporated herein as if
set forth in full; that the Meridian Sewer Department submitted
comments stating that there was an 8 inch line located in the
approximate center of the property and that the line can service
the property but that an easement will be required and that no
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3
AMBROSE,
FIT2GERALD
B CROOKSTON
Attomeye entl
Counaelora
P.O. Box 627
Marltlian, ItlaKo
83802
TalepNOne BBB-OO81
structures or fences could be built in the easement or over the
sewer line.
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;
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
concludes as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4
~J
a. The use, would in fact, constitute a
conditional use and a conditional use permit
is required by ordinance.
b. The use should 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 apparently would be designed and
constructed, to be harmonious in appearance
with the intended character of the general
vicinity.
d. That the use would not be hazardous nor
should it be disturbing to existing or future
neighboring uses.
e. The property has sewer and water service
available.
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 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. That sufficient parking for the property
and the proposed use will be required.
i. The development and uses will not result
in the destruction, loss or damage of a
natural or scenic feature of major
importance.
5. That the comments of the City Engineer must be met and
AMBROSE,
FITZGERALD
B CROOKSTON
Attorneys and
Counselors
P.O. eos dR]
Merldlan, ItlaNo
83842
Telephone BBB~dd81
complied with and a sewer easement must be granted for the sewer
line that traverses the property and no structures or fences shall
be constructed over the easement of the sewer line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5
6. The requirements of the Ada County Highway District, if
submitted prior to City Council action, must be met; that the
requirements of the Nampa & Meridian Irrigation District shall be
met.
7. That all ordinances of the City of Meridian must be met,
including but not limited to, the Uniform Building Code, Uniform
Fire Code, Uniform Plumbing Code, the Fire and Life Safety Code,
all parking and landscaping requirements.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
nnr r n T T T
COMMISSIONER HEPPER VOTED .til35T9'~
COMMISSIONER ROUNTREE VOTED g~IC-NG~
COMMISSIONER SHEARER VOTED Y~R
COMMISSIONER ALIDJANI VOTED ~/E>u
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
AMBROBE,
FITZG ERALD
E CROOKSTON
Altomeye anE
C.OUneelO(6
R.G. BoY 62T
McHElen, IEefto
83862
Talepeone 88BJ681
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 6
MOTION:
AMBROSE,
FIRGERALD
S CROOKSTON
Attorneys an0
Counselors
APPROVED: rL~
DISAPPROVED:
p.o.eo.~zT FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 7
Menm.n, le.no
e3e.z
Telephone 888-e~81
~.
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
DARRYL and MARLA WEST
CONDITIONAL USE PERMIT
1832 AND 1834 CRESTMONT DRIVE
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
October 8, 1991, at the hour of 7:30 o'clock p.m., the Petitioner,
Marla West, 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
AMBROSE,
FITZG ERALD
&CROOKSTON
Attorneys an0
Counselors
R.o. 9oK azT
Metldlen, ICeho
essez
Teleehone gBb~s91
Use Permit was published for two (2) consecutive weeks prior to
the said public hearing scheduled for October 8, 1991, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 8, 1991,
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 is the owner of the property which
property is described in the application which description is
incorporated herein; that the structure where the use is to be
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page - 1
,~
conducted is duplex that has been converted to a single family
dwelling.
3. The Applicant requests that a conditional use be granted
to her for the operation of a Group Child Care Home; that the
Application was filed prior to the amendments to the Meridian
Zoning Ordinance prohibiting conditional uses in the R-4 District.
4. That the definition of Group Child Care Center is, "A
child care facility which provides care for six (6) to twelve (12)
children throughout the day"; the note at the end of the
definition for Child Care Facility is: "It should be noted that
in determining the type of child care facility that is being
operated, the total number of children cared for during the day
and not the number of children at the facility at any one time is
determinative".
5. That the property is zoned as R-4 Residential; that
prior to the amendment to the Meridian Zoning Ordinance and its
publication, in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-
409 A., Residential, Group Child Care Home was listed as an
allowed conditional use in the R-4 District and therefore the R-
4 District requires a conditional use permit for the operation of
a Group Child Care Home.
6. That the R-4 District is described in the Zoning
AM BROSE,
PIT2GERALD
&CROOKSTON
Attorneys an0
COVOSB OIa
P.O. Box 021
MarlOlen, Itle~o
83502
Talep~ona BBBJOBI
Ordinance, 11-2-408 B. 1. as follows:
(R-4) Low Density Residential District: The purpose
theme-4 District t-'s to permit the establishment of
low density single-family dwellings, and to delineate
those areas where predominately residential development
has, or is likely to occur in accord with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page - 2
] III •
•
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 for a maximum of four (4) dwelling
units per acre and requires connection to the Municipal
Water and Sewer systems of the City of Meridian.
7. Conditional Use Permit is defined in the Zoning
Ordinance as follows: "Permit allowing an exception to the uses
authorized by this Ordinance in a zoning district."
8. That the property is contained in the CAIRNS
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
withT uniform 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."
9. That the use proposed by the Applicant is set forth in
the Application as, "in home day care for up to 12 children"; that
the testimony was that the Applicant has a State of Idaho Day Care
license application pending.
10. That the Applicant has a fence enclosing the back yard
but that it is in disrepair; the children will be maintained in
the back yard.
11. That the Applicant testified that the children will be
AMBROSE,
FITZGERgID
B CROOKSTON
Attornoya end
Counaelora
P.O. Boa 027
Metl0lan, IEeNo
89902
TelePftune 8R&<08,
will be between 7:00 a.m. and 6:30 p.m.; that she will have an
between the ages of 0 and 5 years of age; that hours of operation
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page - 3
AM BROBE,
FITZG ERALD
SCROOKSTON
A1lorneys and
Counselors
P.O. Boz a2Z
Merltlian, Itla~o
earsa2
Telepaone B88-ea81
assistant when there are more than four children; that she will
operate five days a week; that she understands that the twelve
children limitation for a group child care home is during the
entire day and not just at any one time during the day; and that
the parking areas have space for four cars.
12. That sewer and water are already connected to the
property, but the use may require additional charges or fees.
13. The City Engineer, Ada County Highway District, Nampa-
Meridian Irrigation District, Central District Health Department,
and other governmental agencies may submit comments and they shall
be incorporated herein as if set forth in full herein.
14. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
followed.
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.
3. That the City has the authority to take judicial notice
of its own ordinances and proceedings, other governmental statutes
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page - 4
and ordinances, and of actual conditions existing within the City
and state.
4. That the City of Meridian has authority to place
AM BROSE,
FITZG ERALG
BCROO KSTON
Attorneys and
Counselors
R.o. Bo. ezT
MerlClan, IESho
B]84Z
Telephone BBS~N81
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to that section
conditions minimizing the adverse impact on other development,
controlling the duration of development, assuring the development
is maintained properly, and requiring on-site or off-site
facilities, may be attached to the permit; that 11-2-418 (D)
authorizes the City to prescribe a set time period for which a
conditional use may be in existence.
5. That the City has judged this Application for a zoning
amendment upon the basis of guidelines contained in Section 11-2-
418 of the Revised and Compiled Ordinances of the City of Meridian
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 may take judicial notice.
6. That the R-4 District does not allow incompatible non-
residential uses; the Zoning Ordinance does not list Group Day
Care Homes as a listed permitted use and therefore such a facility
is not absolutely permitted in the R-4 District. The Zoning
Ordinance Section 11-2-409 A does list Group Day Care Home as a
Conditional Use in the R-4 District; the definition of Conditional
Use Permit allows exceptions to the District restrictions. The
Applicant's proposed use may therefore be granted a conditional
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page - 5
use.
7. The Zoning Ordinance 11-2-418 H, Meridian Zoning
Ordinance, and the local Planning Act, 67-6512, Idaho Code, allow
conditions to be placed upon the use and those sections are
incorporated herein.
8. That since conditions may be placed upon the granting
of a conditional use permit to minimize adverse impact on other
development, it is concluded that the City Council should consider
and investigate, at the City Council hearing, the reasonableness
of the following suggested conditions of granting the conditional
use, to wit:
a) The hours of operation shall be restricted from 7:00
a.m. 6:30 p.m.
b) The children, when outside, shall be maintained in the
back yard of the structure
c) That the Applicant may have as many children enrolled
in the Group Day Care Home as she desires since the
Zoning Ordinance does not speak to enrollment; however,
the Applicant shall not care for more than twelve (12)
children during any day as required for a Group Day Care
Home. Caring for more than 12 children during the day
would be a violation of the Conditional Use Permit.
d) That the Applicant shall have an assistant when she has
the care of five or more children.
e) That the fence shall be repaired and maintained in good
repair and the children, when out side, shall stay in
the back yard and the children shall not be allowed in
the front yard, unless fenced, except for drop-off and
pick-up tunes.
AM BROSE,
FITZG ERALD
BCROOKSTON
Attorneys enA
cOOOSBOf9
P.O. Box 92]
MsfiElan, IOSno
83942
Talep~one BBBd481
f) The Applicant shall keep accurate records of the number
of children cared for in each day, which shall be open
for inspection by the City upon reasonable request and
five (5) days advance notice.
g) That the Applicant shall hold and maintain a State of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page - 6
Idaho Day Care License for a Group Day Care.
h) That the conditional use should not be restricted to a
time period of authorization but should be reviewed
annually upon notice to the applicant for violation of
any of the conditions as has been done in other day care
conditional uses and other conditional use applications.
i) That the conditional use, pursuant to the Zoning
Ordinance, shall not be transferable to another owner
of the property or to another property.
j) That the Applicant must meet the requirements of the
Central District Health Department .
k) That the Applicant shall meet the requirements of the
City Engineer and other governmental agencies submitting
comments.
9. 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 and assuming that the above conditions or
similar ones thereto would be attached to the conditional use, the
Planning and Zoning Commission concludes as follows:
a. The use, would in fact, constitute a conditional
use and a conditional use permit is required by
ordinance.
b. The use should be harmonious with and in accordance
with the Comprehensive Plan but the Zoning Ordinance
requires a conditional use permit to allow the use.
AM BROSE,
FIT2G ERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Boa 627
Metltl ien, Itleho
egad:
Telaphonn BBB~dd61
c. The use is designed and constructed to be
harmonious in appearance with the character of the
general vicinity; that if the conditions set forth above
are complied with the use should be operated and
maintained to be harmonious with the intended character
of the general vicinity and should not change the
essential character of the area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page - 7
d. That the use would not be hazardous nor should it
be disturbing to existing or future neighboring uses if
the conditions are met; that traffic should not increase
significantly because of the proposed day care center
as many of the children walk to the facility.
e. The property has sewer and water service already
connected and will be adequately served by essential
public facilities.
f. The use should not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community.
g. If the conditions are met, 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, noise, smoke, fumes,
glare or odors.
h. That sufficient parking for the property and the
proposed use is required to meet the requirements of the
City ordinance.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
AMBROSE,
FITZG ERALD
B GROOKSTON
Attorneys an0
Counaelora
R.o. eox.zT FINDINGS OF FACT AND CONCLUSIONS OF LAW
Mar~E~~2 ano P a g e - 8
raiavnona aes+~ai
• i' • •
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CAL L
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED
VOTED ~js~+-~ /'/
VOTED
VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
AM RROSE,
FITZG ERALD
B DROOKSTON
Attorneys enA
CgIInBBOf9
P.O. Box a9
Mer101an, IEaho
esaz
TBIeOhone 8s8~0a65
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 or similar conditions as
found justified and appropriate by the City Council and that the
property be required to meet the water and sewer requirements, the
fire and life safety codes, and the Uniform Building Code, and
other Ordinances of the City of Meridian. The conditional use
should be subject to annual review upon notice to the Applicant
by the City.
MOTION:
APPROVED:<~__Y"~~ DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Page - 9
C~
•
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
SAMUEL ZENOR
REZONE APPLICATION
1233 N. MERIDIAN ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
October 8, 1991, 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 following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Rezone
AMBROSE,
FITZG ERALD
B OROOKSTON
AROrneye anC
Couneebre
P.O. eat a9
MarlClan, IENo
aTe.z
Telapaone 888-<C61
Application was published for two (2) consecutive weeks prior to
the said public hearing scheduled for October 8, 1991, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 8, 1991,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
Meridian and is owned by the Applicant and which property is
available to newspaper, radio and television stations;
2. That this property is located within the City of
described in the application which description is incorporated
herein; that the property is presently zoned R-4 Residential; the
area in which Applicant's property is located is developed as a
FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 1
residential area but at least one of the properties has been used
commercially;
3. That the Applicants propose to have the property zoned
(L-0) Limited Office for use as an insurance office.
4. That the L-0 District is described in the Zoning
Ordinance, 11-2-408 B. 5 as follows:
(L-0) LIMITED OFFICE DISTRICT: The purpose of the (L-
0) District is to permit the establishment of groupings
of professional, research, executive, administrative,
accounting, clerical, stenographic, public service and
similar uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing
of such a nature to create noise, vibration or emissions
of a nature offensive to the overall purpose of this
district. The L-0 District is designed to act as a
buffer between other more intense non-residential uses
and high density residential uses, and is thus a
transitional use. Connection to the Municipal Water and
Sewer System of the City of Meridian is a requirement
in this district.
5. That the property is contained in the WARRIOR
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
wit un~ orm 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."
6. That the property where the use is to be located has
AMBROSE,
FITZG ERALD
B CROOKSTON
Atlomays end
Counselors
P.O. 8os l2]
Meritllan, Itlaho
&1862
Talevnoneeee++ey
frontage on Meridian Road; that the house has been previously used
as a single family dwelling.
7. That the uses of the properties surrounding the subject
FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 2
property are for single family dwellings.
8. That there was testimony at the hearing indicating that
those testifying did not have an objection to the use of the
property as an insurance office but that they did want any parking
on the property to be in the rear of the structure and they had
concerns over the location of any signs placed on the property.
9. That sewer and water is available to the property, but
the use may require additional charges and fees.
10. That comments may be submitted by the City Engineer,
Nampa Meridian Irrigation District, Meridian Police Department,
Ada County Highway District, Meridian Fire Department, and the
Meridian Sewer Department and other agencies and those comments
will be incorporated herein as if set forth in herein.
11. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
AM BROSE,
FIT2GERALD
BCROOKSTON
Attorneys end
GOUnselOro
P.O. Boz 12]
MsrldlAn, Idano
83812
Telepnone 888-4181
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 Applicants'
property.
2. That the City has the authority to take judicial notice
of its own ordinances, other governmental statutes and ordinances,
and of actual conditions existing within the City and state.
FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 3
3. That the City of Meridian has authority to place
conditions upon granting a zoning amendment.
4. That the City has judged this Application for a zoning
amendment upon the basis of guidelines contained in Section 11-2-
416 of the Revised and Compiled Ordinances of the City of Meridian
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.
5. That 11-2-416 (K) of the Revised and Compiled Ordinances
of the City of Meridian sets forth standards under which the City
shall review applications for zoning amendments; that upon a
review of those requirements and a review of the facts presented
and conditions of the area, the Planning and Zoning Commission
specifically concludes as follows:
(a) That the property is in an area where commercial
and office uses are likely to desire to locate and there
has been at least one home in the area granted a
conditional use to operate an insurance office. The new
zoning should be harmonious with and in accordance with
the Comprehensive Plan and no Comprehensive Plan
amendment is required.
(b) The area is in the WARRIOR neighborhood which is
designed for residential uses but is also designed to
have other services available such as a convenience
center and other uses which support residential needs
and a mix of those uses and a rezone of the subject
property is in line with that designation.
AMRROSE,
FITZG ERALD
SCROOKSTON
Anornays and
Counaebra
P.O. Boz 62]
MerlClan, ICe~o
eaedz
TalaPAOne BS&d~Bt
(c) The area around the proposed zoning amendment is
developed in a residential fashion but has had at least
one home converted to an insurance office under a
conditional use permit. The new zoning of limited
office use should not be contrary to the other uses in
the area.
FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 4
(d) There has not been a change in the area or adjacent
area which may dictate that the property should be
rezoned but Meridian Road is an area that is very likely
to be developed in an office or commercial fashion and
the use to be developed should not adversely effect the
area.
(e) That the property is designed and constructed to
be harmonious with the surrounding area.
(f) The proposed use should not be hazardous or
disturbing to the existing or future uses of the
neighborhood.
(g) The property will be able to be adequately served
with public facilities, and connection to municipal
sewer and water is required.
(h) The proposed use would not create excessive
additional requirements at public cost for public
facilities and services and would not be detrimental to
the economic welfare of the community.
(i) The proposed use should not involve any detrimental
activity to any person's property or the general
welfare.
(j) Development should not cause a significant increase
in vehicular traffic and should not interfere with
surrounding traffic patterns in that the property has
substantial street frontage.
(k) That this rezone will not result in the
destruction, loss or damage of any natural or scenic
feature of major importance.
(1) The proposed zoning amendment is in the best
interest of City of Meridian.
8. It is further concluded that the comments,
recommendations and requirements of other governmental agencies
will have to met and complied with.
9. That any parking lot for the structure shall be placed
AM BROSE,
FITZG ERALD
B cROOKSTON
Altorneya antl
Counealora
P.O. Box ax]
Meritllan, IOMo
essay
raleonona eee-aasi
in the rear of the property and shall be screened from view of the
adjacent properties; that landscaping shall be required and all
of the ordinances of the City of Meridian shall be complied with;
FINDINGS OF FACE AND CONCLUSIONS OF lAW - PAGE 5
AM BROBE,
FITZG ERALD
S CROOKSTON
Allomays entl
Counaeloro
P.O. Boa l2]
Maritlian, Itlelro
83602
Telepftone BBB~N81
that any signs place on the property shall meet the Meridian Sign
Ordinance and shall not be lighted so as to shine in the eyes of
vehicles traveling on Meridian Road.
FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 6
AM BROBE,
FITZGERALO
B CROOKSTON
Atlornep and
Counselors
F.G. BOY Y1T
Marmlan, mono
esa.z
roieononaeee~~at
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 HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIOJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED~~
VOTED ~ ~-
--
VOTED Gf ~ _
DOTED ~~ /
-f --
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
Rezone 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 property be required to
meet the water and sewer requirements, Fire Department
requirements, Sewer Department requirements, the Nampa Meridian
Irrigation requirements, the fire and life safety codes, and the
Uniform Building Code, and other Ordinances of the City of
Meridian.
MOTION:
APPROVED:
DISAPPROVED:
FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 7