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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