1990 12-11, y
• •
A G E N D A
MERIDIAN PLANNING & ZONING
DECEMBER 11, 1990
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD NOVEMBER 13, 1990: (APPROVED)
1: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A PRE-
SCHOOL BY MORTENSON & JOHNSON: (APPROVED)
MERIDIAN PLANNING & ZONING DECEMBER 11, 1990
The Regular Meeting of the Meridian Planning and Zoning Commission was called to
order by Chairman Jim Johnson at 7:30 p.:m.:
Members Present: Tim Hepper, Charlie Rountree, Jim Shearer, Moe Alidjani:
Others Present: Bob & Peg Strasser, Jerry Mortensen, John Johnson, Wayne Crookston.
The Motion was made by Rountree and seconded by Shearer to approve of the Minutes
of the previous meeting held November 13, 1990 as written:
Motion Carried: All Yea:
ITEM #1: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A PRE-SCHOOL BY
MORTENSC]N & JOHNSON:
Johnson: I will now open the Public Hearing, is there someone here that would like
to come forward and represent the applicant.
Cheryl Johnson, 1805 N. Locust Grove, Meridian, was sworn by the Attorney.
Johnson: I have worked in Pre-school in Boise and I realized that there was a need
in Meridian and I would like to open a Pre-school only. Two and a half hours, two
different sessions and I also have with me a schedule of events, would you like to
see basically what I'd be doing?
CH.Johnson: Yes, do you have something to pass out or can you just run over it?
Johnson: Nine to eleven thirty is the morning session and one to three thirty
in the afternoon.
Rountree: Did you see the comments from the City Engineer?
Johnson: Yes I did.
Rountree: The one that concerns me the most is the access in and out, are you
proposing to widen that?
Johnson: Maybe Jerry should respond to that.
Jerry Mortenson, 4045 Green Meadows Drive, Meridian, was sworn by the attorney.
Mortenson: Sometime back when we remodeled that building we had to make an application
through Ada County Highway for to change the entry. It was changed from one side of the
lot to the other side and it was at the width that they require.
Rountree: I would recommend that you look at this. Are there any licenseing
or certification requirements for pre-school?
Johnson: I called and if you have seven to twelve I would need to be certified, I
wouldn't have to have a license but I do need to get certified. Basically all that
requires is that you have a fire department come and make sure that the facility
meets the requirements.
MERIDIAN P & Z
DECEMBER 11, 1990
PAGE #2
Hepper: Are you going to fence the yard?
Johnson: I'm not going to, I'm not planning to have them go outside at all, this
is just for pre-school learning.
Crookston: Are you going to maintain an area for drop off and pick up, so that
children do not have access to the street while they're in oumuta or while whey
are waiting for their parents.
Johnson: Well the children waiting for parents would be inside the parking lot
it has plenty of room for them to drive in and go into get their child.
CH-::.Johnson: Where would the children actually be while they are waiting?
Johnson: Inside. Always inside. The front door will be locked at all times.
CH. Johnson: As I understand it there is no utilization of that back building in
the remodel, the remodeled garage.
Johnson: Right.
Alidjani: You just said that you were going to lock that front door, that's against
the fire rules.
Johnson: Well it depends on how many exits, it depends on what the square footage
is also. You have to have so many exits per child.
CH. Johnson: Since this is a Public Hearing is there anyone else who wishes to
testify on this application. Hearing no response I will close the Public Hearing.
Rountree: One of the Conclusions stated is that the area is going to be fenced for
a playground.
CH. Johnson: We'd have to alter that which we can do, if they are not going to do that.
That would have to be a condition of our approval.
The Motion was made by Rountree and seconded by Shearer to we adopt the Findings of
Fact and Conclusions of Law with the following changes, with respect to fencing
area requirement in Item #12 and the Findings and Facts to not require a fence be
provided and in Conclusion #5 stipulate that a fence not be required for the
playground area.
Z would like to ammend my Motion to include that an: additional Finding. be included
that would address the situation, the reason why the fence isn't required and that
a fence will be required if what's been testified to is not followed through with.
Shearer also seconded this Motion.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea;
Motion Carried: All Yea.
MERIDIAN P & Z MEETING
DECEMBER 11, 1990
PAGE #3
The Motion was made by Shearer and seconded by Alidjani that the Meridian Planning and
Zoning Commission hereby recocmnends:ab the City Council of the City of Meridian that they
approve the Conditional Use Permit requested by the Applicant for the property
described in the application with the conditions set forth in the Findings of Fact
and Conclusions of Law and that the 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.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Rountree to adjourn at 7:45 P.M.:
Motion Carried: All Yea:
APPROVED:
~.~-~
IM OHN , CHAS RMAN
~~
ATTEST:
Mail (1)
File (1)
pc: Mayor & Council,
P & Z Members, Atty,
Eng., Bldg., ward,
Stuart, Gass, ACHD,
CDH, NMID, Settlers,
Police
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
JERRY MORTENSON AND CHERYL JOHNSON
CONDITIONAL USE PERMIT
1505 EAST FIRST
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
AMBROSE,
FIRGERALD
B CROOKSTON
Allomeys entl
Counselors
P.O. Box <Y7
Merltllen,ICela
&9842
TBIePNOrie 88B-MBl
The above entitled matter having come on for public hearing
December 11, 1990, 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 December il, 1990, the
first publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the December 11,
1990, 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 ]ocated within the City of
FINDINGS OF FACT AND CONCLUSIONS - PAGE 1
Meridian and is owned by Petitioner Jerry Mortenson and is
described in the application which description is incorporated
herein.
3. That the property is zoned Community Business District
(C-C), which requires a conditional use permit for the operation
of a private school which is the use the application requests;
that such use requires a conditional use permit in any zone
where allowed.
4. That the C-C District is described in the Zoning
Ordinance, 11-2-408 B. 7 as follows:
(C-C) COMMUNITY BUSINESS DISTRICT: The
purpose o the - District ~s to permit
the establishment of general business uses
that are of a larger scale than a
neighborhood business, and to encourage the
development of modern shopping centers with
adequate off-street parking facilities, and
associated site amenities to serve area
residents and employees; to prohibit strip
commercial development and encourage the
clustering of commercial enterprises. All
such districts shall have direct access to a
transportation arterial and collector and be
connected to the Municipal Water and Sewer
systems of the City of Meridian.
5. That the private school use proposed by Applicant is
an allowed conditional use in the C-C district.
6. That other property in the area is used commercially
and residentially.
7. That proper notice has been given as required by law
AM BROSE,
FIT2G ERAlD
d CROOKSTON
Anomeye en0
Caunaelore
P.O. Boz 127
MetlElen, IEetlo
83812
Telsplans BBbd61
and all procedures before the Planning and Zoning Commission
have been given and followed.
8. That the building on the property has been used
FINDINGS OF FACT AND CONCLUSIONS - PAGE 2
commercially, but there is present use.
9. That adjacent properties are used commercially as are
the properties across East First Street.
10. That the Applicant shows in the Application that there
will be a fenced area for a play area; that there will be A.M.
classes from 9:00 to 11:30 and P.M. classes from 1:00 to 3:30;
that there will be a maximum of 12 children in each class.
11. That the area has a high traffic count.
12. That sewer and water is already connected to the
property, but the use may require additional charges or fees.
13. That the Applicant did not need to submit petitions
signed by at least 75% of the people owning property within 300
feet of the property indicating their approval of the use of the
property as requested by Applicant since the property is not
zoned residential.
14. That there may be testimony submitted in opposition to
the application, and if so the Commission reserves the right to
amend these Findings.
CONCLUSIONS
1. That all the procedural requirements of the Local
AMBROSE,
FIT2GERALD
6 CROOKSTON
Attorneys An0
CooneslorA
P.O. Boz ~2I
Mer101N, ltlslw
B.TBZt
TeleP~one SSSd1E1
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; including obtaining the consent of 75% of the owners
of property within 300 feet of the external boundaries of the
FINDINGS OF FACT AND CONCLUSIONS - PAGE 3
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; and
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:
a. The use, would in fact, constitute a
conditional use and a conditional use permit
is required by ordinance.
b. The use would be harmonious with and in
accordance with the Comprehensive Ptan 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.
AM BROSE,
FIT2G ERALO
B OROOKBTON
Attorneys Intl
('qunMlors
P.O. Box t2]
MarblAn, ICNo
B3N2
Telspnone 88B 1
d. That the use would not be hazardous nor
should it be disturbing to existing or
future neighboring uses.
FINDINGS OF FACT AND CONCLUSIONS - PAGE 4
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
wauld 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 location on East First Street is a high
traffic area; that children's access to East First Street from
the school and the property must be controlled; that a totally
fenced play-ground area must be provided which shall have no
open access and access to the play area must be obtained through
the school; that a child/student drop off area on-site must be
provided, maintained and used.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
AMBROSE,
FITZG ERALD
B CROOKSTON
Attorneys mtl
Counsebre
P.O. Boz 12]
MadtlMn, Ide~o
838/2
TaleDlwne 88B~M61
and approves these Findings of Fact and Conclusions.
ROLL CALL
FINDINGS OF FACT AND CONCLUSIONS - PAGE 5
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED ~{IR""
VOTED
VOTED
VOTED
DECISION AND RECOMMENDATION
AMBROSE,
FITZGERALD
B CROOKSTON
Attomeye An0
Counselors
P.O. ~slZT
Mer101en, IENo
83&2
Tetep~one BBBH81
The Meridian Planning and Zoning Commission hereby
recommends to the City Council of the City of Meridian that they
approve the Conditional Use Permit requested by the Applicant
for the property described in the application with the
conditions set forth in the Findings of Fact and Conclusions of
Law and that the 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.
MOTION:
APPROVED:
DISAPPROVED: