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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. -`~~n~l'