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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: