1993 07-13
ORIGINAL
[*tERIDIAN PLANNItVG R ZOtVING COMMISSION
RGENDA
TUESDAY, ,IDLY 13, ) 993 -- i : 3B! P. M.
CITY COUNCIL CHAMBERS
!HINUTES' OF THE PREVIOUS MEETING HELD ,TUNE 8, 1993:
tRPPROVED) _._
): FINDINGS' OF FRCT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION AND ZONING OF R-4 WITH PRELIMINARY F'LRT FOR
TUMBLE CREEK SUBDIVISION, X92 LOTS BY RRNOLD STURRLEFIELD:
<APPROVED)
~. FINDINGS OF FACT ANU CONCLUSIONS OF LBW: REQUEST FOR
RCCESSORY USE PERMIT TO ALLOW A FRMILY CHILD CARE HOME
OCCUPRTION RY DERR CARSTENSEN: tAPPROVED)
3: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION AND ZONING TO R-4 WITH SUMMERFIELD PRELIMINARY
PLAT bV US'fICK 40: tAPPROVED)
4: FINDINGS OF FRCT RND CONCLUSIONS OF LBW: REQUEST FOR
ANNEXATION RND ZONING TO R-8 WITH CHRMRERLAIN PRELIMINARY
PLAT RY Y.EVIN HOWELL: (APPROVEDD
5: FINDINGS OF FRCT RND CONCLUSIONS OF LBW: REQUEST FOR
RNNEXRTION RND ZONING TO R-t3 WITH COUGAR CREEK PRELIMINRRY
PLAT RY RIDDLEMDSER: tAPPROVED)
t,: FINDINGS OF FACT AND CONCLUSIONS DF LBW: REQUEST FOR
ANNEXATION AND ZONING TO I-L RND C-G PLUS MID VALLEY
BUSINESS PRRK PRELIMINARY PLRT AY MRRY MOON: (APPROVED)
7: FINDINGS OF FACT RNU CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION AND ZONING TD R-4 WITH KENTFIELD MANOR
PRELIMItRRY F"L AT RY PERSONALITY HOMES: <APPROVED)
8: FINDINGS OF FRCT RND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION RND ZONING TO R-4 WITH ENGLEI+IOOD GREEK
PRELIMINRRY PLAT BY ENGLEWOUD PARTNERSHIP: tRPPROVED)
9: F'UALIC HEARING: REQUEST FOR R REZONE TO LG RY SF'RIN6 HRVEN
HOMES: iFINDINGS TO BE PREPARED)
10: F'UALIC HEARING: RCCESSORY USE PERMIT TO RLLOW HOME BUSINESS
AY SALLIE GRLLIGHER: tNOT NECESSARY TO ACT ON)
11: PUPLIC HEARING: REQUEST F'DR VARIANCE OF GROUP CHILD CARE IN
R-4 ZONE WITH A CONDITIONAL USE PERMIT TO ALLOW GROUP CHILD
CARE AY CAROLVNE RIDEGWRY: tFINDINSS TO HE PREPARED)
~]EhIi31AN pLANNIN6 & Z6NItJG _ JULY 13. 1993
The Regular^ Meeting of the Meridian Planning and Zoning
Commission was called to of^der 6y Chait••man Jim Johnson at 7:341
F~. M.
Members L~r^esent: Tim Hopper, Jim Shearer, Moe Rlidjani, Charlie
Rountree:
Qthers present: Don Rryan, Tom Eggar, Marvin Thorne, Carolyn
Ridgeway, Rev Donahue, Lewis Rowen, Kathy Rr^own, Joe Simunich,
Rill Schwartz, Wayne Forrey, Pill Morris:
MINUTES QF THE F~REVIQUS MEETING HELD JUNE 8, 1993:
The motion was made by Shearer and seconded by Alyd.jani to
approve of the minutes from the previous meeting as written:
Motion Carried: All Yea:
Johnson: Items #]-8 are Findings of Fact and Conclusions of Law
that have been prepared by the City Attor^ney. If you have no
problem with these we can approve them ail at the same time.
Rountree: I just have a question on Ite^ #~, in the body of the
Findings rt has reference to the open^atsng hours and times of the
week, on Page 3. Those were not included in the Conclusions, my
question is am 1 right in assuming that if they are in the
Findings they are as well a par^t ion of the Conclusions and would
be carried through with?
Johnson: We'll look at Ite^ #c separ^ately. Are there any other^s
that anybody has discussion or questions about. If not, let's
handle Items 1, 3, 4, 5, 6, 7 & 8 now.
The Motion was made by Rountree and seconded by Shearer^ that the
Meridian planning and Zoning Commission hereby adopts and
approves these Findings of Facts and Conclusions of Law.
Roll Call Vote: Hepper^ - Yea; Rountree - Yea; Shearer^ - Yea;
AlidJani - Yea:
Motion Carr^i ed: Al l Yea:
The Motion was made by Shearer and seconded by Rountree that the
Meridian F~lanning and Zoning Commission pass on to the Meridian
City Council a favorable recommendation on these items as
indicated in the Findings of Facts and Conclusions on each one.
Motion Carried: All Yea:
Johnson: We'll now handle Item #2 separately.
MERIDIAN PLANNING 8~ ZONING
JULY 13, 1983
PRGE 8
ITEM #t: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
RCCESSORY USE F~ERMIT TO ALLOW R FAMILY CHILD CARE HOME OCCUF~ATION
PY DERP CARSTENSEN:
The Motion was made by Rountree and seconded by Shearer that the
Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Facts and Conclusions of Law with the
amendment to the Conclusions that it add the stipulation about
hour°s of operation and days of the week of operation as ite^
indicated in Ite• 10 in the Findings of Facts.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea;
Rlid.jani - yea;
Motion Car^ried: R11 Yea:
The Motion was ^ade 6y Rauntr^ee and seconded by Alid.jani that the
Mee^idian F~lanning and Zoning Commission her^eby approves the
Rccessor^y Use Fier^mit requested by the applicant for the pr^operty
described in the application. With the conditions set forth in
the Findings of Facts and Conclusions of Law.
Motion Carried: All Yea:
ITEM #9: F~UBLIC HEARING: REQUEST FOR A REZONE TO LO PY SF~RING
HAVEN HOMES:
Johnson: I will now open the Frublic Hear^ing. Is then^e a
representative that would like to come forward and address the
Commission at this time?
Pill Mor^r^i s, 84 W. tin-audible), was sworn by the attorney.
Morris: When we took out this application far commercial, our
intention was to use this property for a Real Estate Office and
an office for our construction firm and when we were looking
thr^o~_rgh the differ^ent classifications I think we chose one that
would have allowed that but is I think a little more than we need
in the way of uses. Since then we've discussed this with Mr.
For^rey and I ,just submitted a letter^ tonight that states the
actual classification to allow what we're doing and make it
possible to operate our^ business there would be a LO zone. This
particular property is not a part of the subdivision that
Burr^ounds, it's on a ^ain artery and fulfills all the
r^equir^ements and we're asking acceptance of a LO trse then^e.
MERIDIAN PLANNING 8 ZCiR1ING
JULY 13, 1993
GAGE 3
Forney: I have discussed this with the City Attorney and the
notification that we've done meets the intent of the Idaho Code
so this change in request is acceptable to proceed with.
Rountree: We've not heard anything fro^ ACRD?
Forney: No.
Morris: Recently the Highway District was out there repairing
that road and they did install at that ti®e two cur^b cuts to
allow for easier access.
Johnson: Did you have an opportunity to talk to the^
specifically about that?
Morris: No.
Hepper: Is there a sidewalk in front of this property?
Morris: Everything has been improved and upgraded, it has curb,
gutter^ and sidewalk.
Rountree: There is a parking requirewent for this business
that's Gased on square footage and it was also have to be
surfaced.
Forney: Yes that's con^r^ect and I believe it's one parking space
per 400 sq_ ft, of office use in the LO zone.
Morris: No problem.
Johnson: Thank you. Anyone else to testify? No response. I
will close the public hearing.
The Motion was made by Shearer and seconded by Rountree to have
the attor^ney prepare Findings of Fact and Conclusions of Law for
this request reflecting a favorable reca®mendatian.
Motion Carried: R11 Yea:
MERIDIAN PLANNING 8 ZONING
JULY 13, 1993
PAGE 4
7TEM #10: PUBLIC HERRING: ACCESSORY USE PERMIT TO ALLOW HOME
PUSINESS PV SRLLIE GRLLIGHER:
Johnson: We basically are not going to handle that. This
property currently has a home accessory use that has been
approved by the City Council for in home business. That business
coupled with this proposed business still would not utilize more
than 25X of the total square footage of the home and for•~ that
reason and because there are no additional traffic problems
created with the proposed business here it would 6e redundant to
issue a second accessory permit because those are not specific as
to what ~.rse. In that case the existing permit there would also
handle this application. So based upon that and after discussion
with the attorney, it's our conclusion that we do not need to
pursue this any further.
ITEM qil: PUBLIC HEARING: REDDEST FOR VARIRNCE OF GROUP CHILD
CARE IN R-4 ZDNE WITH A CONDITIONRL USE pERM7T TO ALLDW GROUFr
CHILD CRRE RY CAROLYNE RIDGEWRY:
Johnson: I will open the Public Hear^ing at this time. Is there
someone representing the applicant that would like to address the
Commission?
Carolyne Ridgeway, 1223 Dar-rah Drive, was sworn by the attorney.
Ridgeway: What we'd like to do is open^ate a child care home far
up to twelve childr^en and we were told by the City Clerk that we
would be unable to do that under a noe••mal conditional use permit
in our subdivision. Prior to pru^chasing our home to do the Day
Care out of we had ingr_rired on whether or not we could do the
Child Car^e Home at this particular hone before we ptn^chased and
we wer^e told by Wayne For^rey that there wouldn`t 6e a pr^o61em we
.dust Crave to apply for the conditional use permit. Rfter we
purchased the home and I did apply for the conditional use permit
I was told that we are in an R-8 Zane which does not allow a
child care of that size. Therefore I am filing a variance to the
ordinance to be able to allowed to oper^ate a child car^e of that
size in our home.
Rlid.jani: On your map it shows that there is a 1Nxi4 storage
shed.
Ridgeway: Yes that`s strictly storage and is padlocked.
C
MERIDIAht PLAPdhdItJG 8 ZOIM[NG
JULY 13, 1993
PAGE S
Alidjanz: Also I see on the map that there is pr^o posed gate lock
an both sides.
Ridgeway: Yes we have nut yet ea^ected a fence in the front and
on the one side, however there will 6e a fence erected and there
will be padlocked gates.
Rountree: Are you currently operating day car°e7
Ridgeway: No not at this time.
Rw_rntree: How long have you lived there?
Ridgeway: We've just lived then^e for two months.
Hepper: You've got a petition here where you were trying to get
the opinion of the pr^oper-ty owners within three hundred feet, how
want' of the property owners within three hundred feet signed this
petition?
Ridgeway: Of the 25 there were 17, li, of which had no pr^oblem
with it, one was s.indecided.
Hepper: ]s the person that lives right next to yo~.r on this
petition?
Ridgeway: Yes he's the first person.
Johnson: Thank you. Anyone else to testify?
Joe Simunich, 955 W. Us~tick Rd., was sworn 6t' the attorney.
Simunich: I own the property to the east of this proposed child
car^e business. One thing I would like to ask, is this permit
only for this person or is it for the property?
Johnson: It's my understanding that conditional use per^mits are
for the person and cannot be transferred.
Sim~.rnich: Rlright then I have no objection.
Johnson: Thank you. Anyone else?
~~
MERIDIAN PLRNNING kl ZONING
3ULY 13, 1993
PRGE 6
Tom Eggar, c564 NW Lcth, was sworn by the attorney.
Eggar: I Live just around the corner- from this proposed
facility. What are the ages of the children that will be
watched? Also want to know if there is going to 6e a sign out
front and if there's going to be any considerations about the
traffic impact? It is a dead end there and your prro posing twelve
children a day, that would be twenty four trips in and out of the
development in the morning and in the afternoon that would be
fifty additional cars down that road there.
-lohnson: Thank you.
Ridgeway: There will not be a sign. The ages of children we
anticipate one infant, approximately eight toddler^s or^ pr^eschool
age and three school age childr^en who would be there part time.
We will be offering transportation for the school age children to
and from school. Rs far as traffic is concerned we do have a two
car^ dr^iveway and there will not be any of o~-rr vehicles in that
driveway so there will be off street parking. There is not a
whole lot of space to tur^n aro~-md 6ut there is aaple space for us
to turn aroem d to get out of our dr°iveway.
-Iohnson: Da your s~-r6divisian covenants address this specific
use?
Ridgeway: No it daes nat. O~-u^ proposed operating hours are from
b:00 A. M. to 6:41Q1 P. M. five days a week.
Rountree: Do you propose do have any help?
Ridgeway: Hoth my sister and I are doing this together.
Hepper: Felt that 6:Q10 R.M. was a little early.
Johnson: Thank you. I will close the puhlic hearing.
The Motion was made 6y Shearer and seconded by Rlidjani to have
the attorney prepare Findings of Facts and Canclarsions of Law.
Motion Carried: All Yea:
MEP.IDIAN pLANNING E ZONING
JULY 13, 1993
PRGE 7
Forrey: For the benefit of the Commissioners and the public that
is here you might know that Meridian is in the middle of a
morator°i um that began on May 18tH and it will lifted on September
]0th. We've used that per°iod to re-evaluate some of the
policies in the current Comprehensiue Plan. We will have a draft
Comet^ehenslve Plan and draft amendments to the zoning and
development ordinance plus a proposed development fee schedule,
those things will be available to the public on July 26th and
they will be available for public review at the library, the post
office and here at Clty Hall. if you Wlsh to p~_n^chase a copy of
those three documents together we've estimated the cost to be
130.00. That would give you about IS days advance notice to
prepare yourselves for a public hearing which will be held at the
next Meridian Planning and Zoning Meeting which is Rugust 10th.
Retween now and the 26th of July this Commission and the City
Cotmcil will be individually reviewing that draft to get their
Input into it and then It will be available to the public on the
26th.
Johnson: Thank you.
The Motion was made by Rountree and seconded by Shearer to
adjourn the meeting at 8:05 P. M..
Motion Carried: All Yea:
iTRF~E ON FILE OF THESE PROCEEDINGS)
i%'.
APF~ROVED
`" ~
JLM JOH SON, CHRIRMAN
ATTEST:
WAYNE~S FORREY,1 CLTY CLERf,
c1t
PUBLIC MEETING SIGN-UP SHEET
~~~~~~~ iii T1 lTTT.
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