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HomeMy WebLinkAbout2004 04-27CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 27, 2004 at 7:00 p.m. City Council Chambers Roll -call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Students from University of Phoenix 3. Community Invocation by Glen Olsen with LDS Church: Keith Thurgood 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: Approve A. Approve Minutes of February 24, 2004 Pre -Council Meeting: Approve B. Approve Minutes of April 13, 2004 City Council Regular Meeting: Approve C. Findings of Fact and Conclusions of Law for Approval: MI 04-003 Request for a Miscellaneous application for a request to amend Item 15 on Page 10 of the recorded Development Agreement for AZ 00-024 for Sparrowhawk Subdivision, which requires all site improvements to be complete prior to issuance of a Certificate of Occupancy. An addendum to the original Development Agreement is requested that will allow Certificate of Occupancy permits to be obtained for the buildings (Foothills Apartments) on Lot 1, Block 1 of Sparrowhawk Subdivision prior to the installation of the landscaping adjacent to Franklin Road by David Waldron — north side of East Franklin Road and east of South Locust Grove Road: Approve D. Findings of Fact and Conclusions of Law for Denial: MI 04- 001 Miscellaneous request for a temporary use for a childcare center for approximately 40 children while waiting for a CUP for Tara Gorton by Tara Gorton — 220 East Fairview Avenue: Approve Meridian City Council Agenda — April 27, 2004 Page I of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings Please contact the City Clerk's Office at 888-0433 at least 48 hours prior to the public meeting. E. Findings of Fact and Conclusions of Law for Approval: VAR 04-003 Request for a Variance for a one year Time Extension for recording of the Final Plat for Autumn Faire Crossing Subdivision by Gemstar Properties, LLC — west of North Black Cat Road and south of West Ustick Road: Approve F. Findings of Fact and Conclusions of Law for Approval: AZ 04- 002 Request for Annexation and Zoning of 24.45 acres from RUT to R-8 zone for Roseleaf Subdivision by Centennial Development, LLC — 3615 South Locust Grove Road: Approve G. Findings of Fact and Conclusions of Law for Approval: PP 04- 001 Request for Preliminary Plat approval for 98 single-family residential building lots and 7 common lots on 24.45 acres in a proposed R-8 zone for proposed Roseleaf Subdivision by Centennial Development, LLC — 3615 South Locust Grove Road: Approve H. Findings of Fact and Conclusions of Law for Approval: AZ 04- 001 Request for Annexation and Zoning of .5 acres from RUT to C- G zones for Equity Benefits by Equity Benefits, LLC — 2540 East Franklin Road: Approve I. Findings of Fact and Conclusions of Law for Approval: CUP 04-001 Request for a Conditional Use Permit for a 224 stall R.V. resort with 4 buildings and amenities in a C -G zone for Boise West R.V. Resort by Aaron C. Hoeft — 184 West Pennwood: Approve J. St. Lukes Regional Medical Center — Beer & Wine EI Tenampa — Beer & Liquor Ken Hamilton (Meridian Speedway) — Beer & Wine Fiesta Guadalajara — Beer & Liquor Bolo's Pub & Eatery — Beer & Wine Whitewater Pizza & Pasta — Beer & Wine Lotus Garden Chinese Restaurant — Beer Idaho Pizza Company — Beer & Wine Applebee's Neighborhood Bar & Grill — Beer & Liquor Harry's Bar & Grill — Beer & Liquor Jackson's Food Store #56 — Beer & Wine Jackson's Food Store #35 — Beer & Wine Whitewater Saloon — Beer & Liquor New Frontier Club — Beer & Liquor Cherry Lane Golf Course — Beer & Liquor 127 Club — Beer & Liquor Meridian City Council Agenda — April 27, 2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Baja Fresh — Beer Louie's — Beer & Liquor Smoky Mountain Pizza & Pasta - Primo's Pizza & Pasta — Beer & Wine K. Addendum to Agreement for Professional Services — Franklin Road Rebuild (Water & Sewer) with Civil Survey Consultants: Approve L. Agreement for Professional Services — Overland Road Rebuild (Water Line) with W&H Pacific: Approve M. Finance Report: Approve 6. Department Reports: A. Parks and Recreation Department— Doug Strong Summer Program: Presented 2. Special Event Barn Sour: Presented B. City Council President — Bill Nary 1. Summer Intern Program: Presented — Report Back 7. (Items Moved from Consent Agenda) 8. Tabled from April 20, 2004: FP 04-024 Request for Final Plat approval of 41 single family residential building lots and 10 common lots on 10.64 acres in a R-8 zone for Saaeland Subdivision by Quasar Development, LLC — northeast corner of East Victory Road and South Locust Grove Road: Approve 9. FP 04-025 Request for Final Plat approval for five building lots and 11 common lots on 25.48 acres in an L -O zone for Touchmark No. 1 by Touchmark Living Center of the Treasure Valley — east of South Eagle Road on the south side of East Franklin: Approve 10. FP 04-026 Request for Final Plat approval for 61 single-family residential building lots and two common lots on 13.98 acres in an R-8 zone for Windsong Subdivision No. 1 by Landmark Engineering & Planning, Inc. — north of West Ustick Road and west of North Linder Road: Approve 11. FP 04-027 Request for Final Plat approval for five single-family residential building lots on 1.06 acres in an R-8 zone for Windsong Subdivision No. Meridian City Council Agenda — April 27, 2004 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 2 by Landmark Engineering & Planning, Inc. — north of West Ustick Road and west of North Linder Road: Approve 12. Public Hearing: VAC 04-001 Request for a Vacation of sewer easements on Lots 13 & 14 of Taylor Subdivision by Larry and Becky Palmer — west of North Meridian Road and north of West Franklin Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: RZ 04-003 Request for a Rezone for .17 acre from I -L to O -T zones for Brandon Wright by Brandon Wright — 631 West 1st Street: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: RZ 04-001 Request for a Rezone of .353 acres from R-4 to O -T zones for NIDAYS Addition by Merlyn and Brandon Schmeckpeper — 230 West Pine Avenue: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: CUP 04-005 Request for a Conditional Use Permit for an accounting and dispatch office in a proposed O -T zone for NIDAYS Addition by Seal Co. — 230 West Pine Avenue: Applicant withdrawn — Attorney to Prepare Order 16. Public Hearing: CPA 04-001 Request for Comprehensive Plan Amendment to add a Land Use Consistency Matrix to Meridian's Comprehensive Plan by The City of Meridian Planning and Zoning Department: Attorney to prepare order for Withdrawl 17. Ordinance No. Traffic Safety Commission Amended Ordinance: Table to May 4, 2004 Meeting 18. Executive Session per Idaho State Code 67-2345(1)(c): No Decision Meridian City Council Agenda— April 27, 2004 Page 4 of All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-0433 at least 48 hours prior to the public meeting. Meridian City Council Meeting April 27, 2004 The Regular Meeting of the Meridian City Council was called to order at 7:10 P.M., on Tuesday, April 27, 2004, by Mayor Tammy de Weerd. - Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree and Shaun Wardle. _ Others Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Bill Musser, Gary Smith, Doug Strong, Kathleen Kuebler and Dean Willis. Item 1. Roll -call Attendance: X Shaun Wardle X Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and open up the City Council meeting of Tuesday, April 27th. It's almost 10 after 7:00. Sorry for the late start and thank you all for joining us here tonight. Mr. Clerk, will you, please, start us with roll call attendance. Item 2. Pledge of Allegiance: De Weerd: Thank you. I have asked some students from the University of Phoenix to lead us in the pledge tonight. If you will, please, come on forward. (Pledge of Allegiance recited.) Item 3. Community Invocation by Bishop Keith Thurgood with LDS Church: De Weerd: Thank you. For those of you who haven't joined us for some time, we have added these two first items, the pledge of allegiance and also the community invocation. We wanted to involve the faith community in the workings of the city and engage them in being part of the solution to many of the issues that face our community. One of those outreaches has been involving them in a community invocation. We have asked all religions to participate in this particular item. We have with us tonight Bishop Keith Thurgood from the LDS church. We would ask you to join us and -- or take this time for a moment to reflect. Bishop Thurgood. Thurgood: Our Father in Heaven, we give our gratitude and thanks for the nation that we live in and for this community that we have a blessing to reside in. We pray for thy blessings to be with us this evening and to be with the Council Members and those who is serve in this city in various capacities and with the Mayor, that thou wilt bless them in their decisions to be guided and directed with wisdom and good judgment. We are grateful for the blessings of having safety and protection here and for those who provide Meridian City Council April 27, 2004 Page 2 of 60 this service to us. We express our love to thee and express these things in the name of Jesus Christ, Amen. Item 4. _ Adoption of the Agenda: De Weerd: Bishop Ttrurgood, if I could present you with our City of Meridian pin. Thank you. Okay. Item Number`4"is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda we -- the Mayor has requested and under departments Item C, the Mayors Office, she wants to report on the Day of the Child. With that I would move that we adopt the revised agenda. Rountree: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 5. Consent Agenda: A. Approve Minutes of February 24, 2004 Pre -Council Meeting: B. Approve Minutes of April 13, 2004 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: MI 04- 003 Request for a Miscellaneous application for a request to amend Item 15 on Page 10 of the recorded Development Agreement for AZ 00-024 for Sparrowhawk Subdivision, which requires all site improvements to be complete prior to issuance of a Certificate of Occupancy. An addendum to the original Development Agreement is requested that will allow Certificate of Occupancy permits to be obtained for the buildings (Foothills Apartments) on Lot 1, Block 1 of Sparrowhawk Subdivision prior to the installation of the landscaping adjacent to Franklin Road by David Waldron — north side of East Franklin Road and east of South Locust Grove Road: D. Findings of Fact and Conclusions of Law for Denial: MI 04- 001 Miscellaneous request for a temporary use for a childcare center for approximately 40 children while waiting for a CUP for Tara Gorton by Tara Gorton — 220 East Fairview Avenue: Meridian City Council April 27, 2004 Page 3 of 60 E. Findings of Fact and Conclusions of Law for Approval: VAR 04-003 Request for a Variance for a one year Time Extension for recording of the Final Plat for Autumn Faire Crossing Subdivision by Gemstar Properties, LLC — west of North Black Cat Road and south of West Ustick Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 04- 002 Request for Annexation and Zoning of 24.45 acres from RUT to R-8 zone for Roseleaf Subdivision by Centennial Development, LLC — 3615 South Locust Grove Road: G. Findings of Fact and Conclusions of Law for Approval: PP 04- 001 Request for Preliminary Plat approval for 98 single-family residential building lots and 7 common lots on 24.45 acres in a proposed R-8 zone for proposed Roseleaf Subdivision by Centennial Development, LLC — 3615 South Locust Grove Road: H. Findings of Fact and Conclusions of Law for Approval: AZ 04- 001 Request for Annexation and Zoning of .5 acres from RUT to C- G zones for Equity Benefits by Equity Benefits, LLC — 2540 East Franklin Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 04-001 Request for a Conditional Use Permit for a 224 stall R.V. resort with 4 buildings and amenities in a C -G zone for Boise West R.V. Resort by Aaron C. Hoeft — 184 West Pennwood: J. St. Lukes Regional Medical Center — Beer & Wine EI Tenampa — Beer & Liquor Ken Hamilton (Meridian Speedway) — Beer & Wine Fiesta Guadalajara — Beer & Liquor Bolo's Pub & Eatery — Beer & Wine Whitewater Pizza & Pasta — Beer & Wine Lotus Garden Chinese Restaurant — Beer Idaho Pizza Company — Beer & Wine Applebee's Neighborhood Bar & Grill — Beer & Liquor Harry's Bar & Grill — Beer & Liquor Jackson's Food Store #56 — Beer & Wine Jackson's Food Store #35 — Beer & Wine Whitewater Saloon — Beer & Liquor New Frontier Club — Beer & Liquor Cherry Lane Golf Course — Beer & Liquor 127 Club — Beer & Liquor Baja Fresh — Beer Meridian City Council April 27, 2004 Page 4 of 60 Louie's — Beer & Liquor Smoky Mountain Pizza & Pasta - Primo's Pizza & Pasta — Beer & Wine K. Addendum to Agreement for Professional Services — Franklin Road Rebuild (Water & Sewer) with Civil Survey Consultants: L. Agreement for Professional Services — Overland Road Rebuild (Water Line) with W&H Pacific: M. Finance Report: De Weerd: Item Number 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda. Is there any further discussion? Hearing none, Mr. Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 6. Department Reports: A. Parks and Recreation Department — Doug Strong 1. Summer Program: De Weerd: Thank you. Okay. Item 6, Department Reports. Our first item is the Parks and Recreation Department. Mr. Strong. Strong: Good evening, Madam Mayor, Members of the Council. Tonight I have the opportunity to talk about something different with Parks and Recreation and that's the recreation program in the department. We have two items that we want to bring before you for your review and approval -- hopefully your approval. First of all, last summer we didn't offer a summer day camp program as in previous years. In looking at that program this year, we want to increase what's been offered in the past, which means we looking for some increase in the line items that would support that program. The Meridian City Council April 27, 2004 Page 5 of 60 program will be revenue based, so any additional cost to the program will be based on registration fees and will cover the cost of any increases in the program. What we are looking for is a line item increase to fund that as we go through the summer. The total camp program as proposed this summer will be for 75 children for 10 weeks and the previous programs were for 25 children for about five weeks. There is quite an increase in both staffing and cost from previous years. The total cost of summer camp employees would be about 15,800 dollars and that's not including the overtime that might be accrued. This would make that -- for recreational staffing line about 8,500 dollars short if it's a full registration for the summer. Let's see, all the money budgeted for the 2004 summer program will be covered through the summer program revenue, as I mentioned earlier. The full summer program will cost about 34,200 dollars and revenue, if full, would be about 46,500. If the camp is not full, employee hours will be reduced, as well as other costs. Supplies, entertainment, uniforms, crafts, games, busing, field trips, such activities that -- are other costs that will cost about 18,400 dollars. We have two sites for the summer program. We just received approval to hold several weeks at Ponderosa Elementary School and, then, we will be at Storey Park for several weeks as well. With that I have invited Kathleen Kuebler to be here tonight to answer any specific questions you have and open it for questions. De Weerd: Okay. Council, do you have questions? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And I just had a question and this is also for Mr. Nichols. Since this program didn't exist in its form last year, do we need to have a Public Hearing for new fees for this program? De Weerd: Mr. Nichols. Nichols: Council Member Wardle, Mayor, Members of the Council, I don't know. It could be that you have had an existing rate schedule, even though you didn't have the program, so we may need to look at what had been published in the past, so it may not be necessary if the fee was already listed. Strong: Madam Mayor and Councilman Wardle, we haven't changed the fee from previous years, as far as the registration fee for the summer camp program. It stays the same. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Excuse my ignorance, but what is the fee? I didn't see it and I only have two documents here and I didn't see a fee on it. Meridian City Council April 27, 2004 Page 6 of 60 Kuebler: The fee is 124 dollars for two weeks of camp, which is the same as it was two years ago. We just kept the rate the same. Nary: Oh, so this is five -- Kuebler: Five sessions. Nary: Two week program. Kuebler: Right. Nary: I got it. De Weerd: Okay. Mr. Rountree Rountree: Madam Mayor, I just have a question about -- just a thumbnail sketch of the programs. Kuebler: Okay. The summer camp program runs for 10 weeks, from 7:00 A.M. to 6:00 P.M. You can also choose a half-day program. The camp will run for the first two weeks at Storey Park, the middle six at Ponderosa Elementary, and the last two back at Storey Park, so the school can get ready for the school year. The activities include one field trip a week, trying to get to the swimming pool -- still working that out arts and crafts, games, sports, recreational activities. Rountree: Okay. Thanks. Good. Kuebler: Thank you. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: The time of the camp runs from what time? I think I saw it on here, but I -- Kuebler: 7:00 A.M. to 6:00 P.M. but you can drop your child off whenever you like and pick them up whenever you like, but it's just available to you in case you should work all day long 7:00 to 6:00. The half-day program is from noon to 6:00 P.M. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kathleen, what is the age of -- Meridian City Council April 27, 2004 Page 7 of 60 Kuebler: The ages are six to 12. Bird: Six to 12. Okay. De Weerd: Okay. Any further -- oh, yes, Mr. Wardle Wardle: Madam Mayor, as the department's liaison, I'll just have a couple comments. First off, we have been attempting for the past several years, as many of us know, to work with the school district on programs such as these and I think this is a great first step in the news that we have been allowed to utilize that in a partnership I think is great. Secondly, Doug and Kathleen were asked, essentially, how can we -- how can we bring this -- how can we, essentially, get approval for the program and how can we get approval for -- in the next project you will see in just a second, to utilize these funds when we don't know the actual expectation of the funds and so the recommendation of mine -- and the Mayor agreed -- was to bring it before the Council for an informational item. When the program is all tallied up, we will have those specific numbers and so it was really for -- I mean an informational item. If there is another way that you prefer to see this, we are certainly open to suggestion. De Weerd: And 1 guess to further expand on that is that accounting told us that it all fell under the revenue item and that they couldn't do any new programs if they are not meeting their revenue projections. Unfortunately, with Kathleen coming in in the middle of this -- or kind of assuming a budget that was not hers, this does need to be separated out so it can be better tracked and she can have a more accurate projection for our next budget and it certainly makes it difficult if it's required to tie to this year's revenues. And the same would apply to the next item, too, and special events. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: One more question on the summer program. Doug, how do you go about hiring the particular employees for this? I notice the structure you had in the material here, site supervisor and, then, the different age level groups. I mean how is your process on hiring those folks? Strong: Madam Mayor, Councilman Nary, we will go through the same hiring process as we do for any city employee. We have those positions being rated right now by HR for where they will be classed and we will send out announcements and receive resumes. Nary: Do they do criminal background checks on people for those positions? Strong: They will, yes. Nary: Okay. Meridian City Council April 27, 2004 Page 8 of 60 Strong: That's probably particularly important, since they will be working with children. Nary: Right. Strong: For most any youth program that's a standard requirement anymore. Nary: Great. Thank you. 2. Special Event Barn Sour: De Weerd: Okay. Any further questions? Okay. Thank you, Mr. Strong. You want to talk about the next item as well? Strong: Thank you. I will just continue on. The next item on the agenda is an event called Barn Sour and I had to explain that earlier today, so that it's not misspelling. It's, actually, the title of the event. It, essentially, refers to if you have a horse and you're away form the barn, when you turn to go back to the barn, the horse always goes faster, because they are barn sour and they want to get back to the barn. It's kind of based on the red barn at Settler's Park and starting an event there. The particular date picked for this event is an event -- is a date for a run that's no longer going to happen, because of the River Festival is not happening this year, so it was an open date on the calendar and it's an effort by our department to begin to offer more community events or special events in the community. We'll just have a fun run and, of course, there will be some registration costs with it, there will be some costs for the timing of the event with a company that does that. We have a sponsor for the event as well and any -- what we are asking for this is any -- any proceeds that we might have from the event that we would be able to identify them to go to Adventure Island Playground. What we are looking for is if we do an annual run, that any proceeds from any event would go to benefit a park or park activity, park construction, something like that. That's what we are after. De Weerd: Mr. Wardle. Wardle: Madam Mayor, just to follow up on that with Doug. The event itself -- one of the reasons that you're saying this -- the event itself is being sponsored by one of Meridian's fine businesses that I -- De Weerd: Please. Wardle: -- happen to be associated with. What the department would really like to do is any proceeds above and beyond those costs that are being covered is be able to be utilized for projects within the parks and so to do that without a revenue projection, again, not knowing how many contestants will be entering, I believe accounting sent the department to the Council to ask that it -- when those -- when that is achieved that they are able to earmark those with a final dollar number for those other projects. Meridian Clty Council April 27, 2004 Page 9 of 60 Strong: Thank you. De Weerd: Okay. Any comments or questions? Bird: Sounds like a winner to me. De Weerd: Okay. Thank you. The Council would authorize those line items. Do we need a motion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess on this particular one I thought there was already funding for it. It's the other one that -- I guess what I thought I understood Councilmember Wardle was that he was giving us a heads up, but when they had some better idea on what the actual cost would be, then, they would ask for whether or not they needed a transfer of some funds. Now, did I misunderstand that? I thought there was money for this other Barn Sour anyway, so that wasn't an issue. De Weerd: There is. They are not looking for special funding. Nary: Okay. De Weerd: What they would like is a separate line item, so it is separated from revenue projections and there is a better way to track the cost and the revenues coming in. Both of these would be break even -- I mean certainly the projections are all based on break even and so there shouldn't be any allocations of additional expenses, it's just requesting a new line item so it can be better tracked. Nary: Oh. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And just to follow up, maybe what's one more. As far as the run itself, certainly there -- it's budgeted for operational -- what the department is looking for is they are billing this as more of a charity fundraiser for a specific park group that we are partnered with and want to know that -- and right now we are not -- the recreation department is not meeting their current revenue projection and so rather than have to see that -- any of the proceeds that have been committed to that partner fall back into make up for that shortfall, they are asking Council to approve that, essentially, as a dedicated fund, whatever that may be. Meddian City Council April 27, 2004 Page 10 of 60 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Well, this is a completely different revenue. This is just strictly for a one time, one shot revenue deal and the cost, I'm sure, are being picked up by the sponsor of any cost, so what you get in is going to be revenue to share with the playground equipment deal, which I don't know how we -- how you word that in the motion, but I know what you mean in there, but what you need, and -- because this shouldn't go in the general revenue fund, this is a special event fund for one special event, as I understand it. De Weerd: Council, I guess I would just authorize the finance department to establish those two line items, let them know that it's fine with the Council and I don't think we need a formal motion, unless there is any objections. Rountree: I don't object to that. Nary: No. De Weerd: Okay. Strong: Thank you. B. City Council President — Bill Nary Summer Intern Program: De Weerd: Thank you. Okay. Item B is our own City Councilman Nary. Nary: Council, I had asked for this item to be placed on there. If you recall, last summer when we had a discussion about the budget -- and I'll bring Councilmember Wardle and Rountree up to speed. We had a discussion last summer about when -- we were talking about employee incentives and some different opportunities of funds that we had available for different programs, one of the things we talked about at that time was a summer intern program and what I modeled that after is there is a program that's been run in the City of Boise for about five or six years, as started by Council Member Mapp, and it was called Jump Start. What that was was a way to find some connectivity between high school youth and the community and -- from the different high schools and the city and what that program -- what that program has done was went to the different high schools within the City of Boise, through the counselors, did applications, had identified the different needs in various departments for summer intern, finding positions that would be, again, very viable types of jobs for high school kids to be able to do during the summer. The human resources department administers the program by going out and getting those applications, getting them out to the schools, meeting with the different counselors and trying to get the base pool to hire from. Now they have a much larger pool of applicants than they have positions available. It's been a very Meridian City Council April 27, 2004 Page 11 of 60 successful program and a fairly low cost program now. I think we have -- Boise has over 20 interns in various departments of the city and a program cost of about 23,000 dollars. A little over 1,000 dollars per person, approximately, for the summer is what it is. When I spoke with the coordinator from human resources for Boise, I asked her if she had a good benchmark as to how to start this program off and whether or not there was some minimal amount that was necessary to do that and she said, you know, they -- the program itself pays a little better than minimum wage, but not a lot. I think they pay six dollars or $6.50 an hour. They have found, again, in looking through the different departments, they found ways to make it very viable and it's been very successful, as I said, with all these different high schools. Well, we have needs that have been expressed by different departments here to have interns and there is a couple different ways to do this. There are intern needs that are not really viable or use -- or can be used for high school age students, there are things that may be more college age students might be a better fit, but what I thought is making this program a little larger and maybe taking some of the things that have been done elsewhere, but making it better, is, again, to provide that access in this program to benefit the youth in our community, both from our high schools and college age youth, because there are some of the needs the departments can identify that would, again, be much more viable for a college engineering student, more so than a high school student, or a college student that has a particular interest in criminal justice or something like that. What I was looking for, Council, is, I guess, authorization and a thought for -- from everyone as to whether or not they think this is viable and is something that we could fund a program -- obviously, we don't have the particulars yet of cost, but I would work with the human resources department, as well as the Mayor's office, in implementing how this program be done, again, going back to the department to identify needs before we bring that forward, but my guess is we would be looking at a program that's somewhere in the range of five to six thousand for one summer, because we would be looking probably at or five or six interns for a summer at this juncture, but we have summer coming and it's not something we can sit around too long and ponder, but if we want to do something, I think we need to kind of get moving and I wanted to make sure we had a discussion about that, so that was the idea and we do have funds that are still available from that incentive pool of money that we have. I do think it fits in line with the incentives, because it does provide some relief to the department in having interns and people that can really do viable help for them in the summertime in relieve for vacations and the like that are always in need in any of the work forces for summertime, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Nary, I think that its a very very good idea and I'd like to see the city incorporate it. Seeings how you're one step up on it, maybe you could get it rolling for US. De Weerd: I would let you know that we have attended a couple of college fairs and this information did go out with forms to indicate interest, so the program has been Meridian City Council April 27, 2004 Page 12 of 60 initiated, at least four letters or indications of interest. We will be addressing this at our director's meeting next week and so I can bring it back next Tuesday night. Mr. Wardle. Wardle: Madam Mayor, I would also agree that it's a good idea to get the youth involved within the city, as well as offer some experience for those programs. I have been involved in programs in the past with the Meridian School District and they have a very organized internship program, the director of which is -- I'm not sure if he's still the director, but is now -- was at Meridian High School, now at Mountain View, so still within our city and so they have a process for notifying, as well as checking up on and grading those internship programs. De Weerd: I can bring back some more information, so you know more of a budget Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: The only concern I would have is that it truly be an internship and it be beneficial, not only to the city, but to the student. It's not a leaf raking exercise, but they get a skill out of it and we get a return. Nary: Absolutely. Rountree: And if that's the case, I'm all for it. Nary: Yes. I totally agree with that, Councilman Rountree. I mean the intent here I think that the department and the Mayor and I have discussed is truly viable work. Obviously, there are some work that may seem very routine type of work, but it is -- the intent of the program is not to just have a person come photocopy, but a person who actually comes to want to participate in what goes on in daily life in the city and be a viable part of that. You know, I agree that is the intent is to provide a real active place for people to work and see how things are done here. C: Mayor's Report: Day of the Child. De Weerd: Okay. Is there anything further? Okay. Item C is the Mayor's report and I did want to let you know that we have, in addition to the Arbor Day celebration, we will be also spending April 30th celebrating the Day of the Child and we do kick off -- I will kick off at lunch at Ponderosa, but also with the Arbor Day celebration following an activity at Chaparral Elementary School and would like to invite you all to Meridian public library, which they are celebrating this holiday making an international to recognize the uniqueness of all children and there will be activities with an international flair, music from around the world, multi -cultural book displays and even a chance to learn the Mexican hat dance, so we would like to invite you to join us -- Rountree: An opportunity. Meridian City Council April 27, 2004 Page 13 of 60 De Weerd: Yes. You hate to miss those opportunities -- at both of those we will be having the proclamations of the Arbor Day read, as well as the Day of the Child. Would like to invite you to each of the activities and I believe that -- who all will be attending the Arbor Day celebration? Keith, I -- no? Bird: I can't. I'm going to be in Riggins. De Weerd: Councilman Rountree? I know Wardle and Nary so two of the four and I will be there, so -- okay. Item 7. (Items Moved from Consent Agenda) De Weerd: Thank you. We had no items moved from Item Number 7. Item 8. Tabled from April 20, 2004: FP 04-024 Request for Final Plat approval of 41 single family residential building lots and 10 common lots on 10.64 acres in a R-8 zone for Saaeland Subdivision by Quasar Development, LLC — northeast comer of East Victory Road and South Locust Grove Road: De Weerd: So, we will move to Item 8, which is Sageland Subdivision FP 04-024. Anna. Powell: Madam Mayor, Members of the Council -- there we go. We discussed this last week, but there was a couple unresolved questions regarding the response by the applicant. We have had a chance to review that with them and city staff and the applicant, have -- do understand the eight -foot easement at the rear of lots, so we are in agreement on that. I did verify the island dimensions for Councilman Nary and those are correct, it's the -- it's the difference between showing the Preliminary Plat with the street lined curbs and gutters and sidewalks just seeing the right of way. That's why it looks so much smaller on this one, so -- but this is in substantial compliance with the approved Preliminary Plat and staff is recommending approval of this Final Plat. De Weerd: Anna, the applicant's in agreement with all comments? Powell: Yes. De Weerd: Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve FP 04-024, Final Plat for Sageland Subdivision. Meddian City Council Apol 27, 2004 Page 14 of 60 Bird: Second. De Weerd: It's been moved and seconded to approve Item Number 8. Is there any further discussion? Mr. Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES. Item 9. FP 04-025 Request for Final Plat approval for five building lots and 11 common lots on 25.48 acres in an L -O zone for Touchmark No. 1 by Touchmark Living Center of the Treasure Valley — east of South Eagle Road on the south side of East Franklin: De Weerd: Thank you. Item 9 is FP 04-025 for Touchmark No. 1. Powell: Madam Mayor, Members of the Council, you're well familiar with the Touchmark Subdivision area. The original plat had 11 building and 11 common lots. We are -- I'm sorry. Eight building lots and 11 common lots on 113.15 acres. They are not planning the residential properties at this time, they are still looking at ways of getting each of the homes built out there on an individual lot, so they will be coming through with a new Preliminary Plat and, then, a Final Plat associated with that. This Final Plat is just for the -- just for five of the commercial lots and, then, the 11 common lots, primarily landscape lots. It is in substantial compliance with the approved Preliminary Plat. Staff is recommending approval. De Weerd: Anna, have you heard from the applicant? Are they in agreement with all of staff recommendation? Powell: Yes. De Weerd: Okay. If the applicant's representative doesn't need to say anything, then -- and I would like, since I see one of the representatives from Touchmark here, we will be having our Association of Idaho Cities in June and we would like to have a tour and so we will be getting in touch with you. Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And I agree that this is a great project for Meridian, so l move that we approve FP 04-024, Final Plat for Touchmark No. 1. Rountree: Second. Meridian Clty Council April 27, 2004 Page 15 of 60 De Weerd: Okay. It's been moved and seconded to approve Item Number 9, FP 04- 025. Any further discussion? Mr. Clerk. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES. Item 10. FP 04-026 Request for Final Plat approval for 61 single-family residential building lots and two common lots on 13.98 acres in an R-8 zone for Windsong Subdivision No. 1 by Landmark Engineering & Planning, Inc. — north of West Ustick Road and west of North Linder Road: De Weerd: Item 10 is FP 04-026, Windsong Subdivision No. 1. Powell: Madam Mayor, Members of the Council, this is the approved Preliminary Plat for Windsong Subdivision. The applicant is coming in with two Final Plats. This gets to your next application, as well as this one. As you will recall, perhaps, there was a dispute on this boundary line, I think it was a matter of seven feet one way or the other. What the applicant has done in Windsong Subdivision No. 1 is to plot everything except those five lots that adjoin the disputed boundary so the Final Plat you see here is all but those five lots. It is in substantial compliance with the approved Preliminary Plat and staff is recommending approval at this time. The applicant -- I did talk to them early today and they are in agreement with the conditions of approval. De Weerd: On both of these items? Powell: Yes, ma'am. De Weerd: Council, any questions? Bird: Madam Mayor, I'd move that we approve FP 04-026, Windsong Subdivision Preliminary Plat Number 1. Rountree: Final Plat. Bird: Beg your pardon? Rountree: Final Plat. Bird: Final Plat. Yes. Rountree: Second. De Weerd: Okay. Would you like to include the Final Plat for FP 04-027? Can we do that in one motion, Mr. Attorney? Meridian City Council April 27, 2004 Page 16 of 60 Nichols: Madam Mayor, Members of the Council, did you open them both at the same time? De Weerd: No, I didn't. Nichols: Then you can't. De Weerd: Okay. Well, next time I'll know better. Okay. Thank you. Any further discussion? Okay. Mr. Clerk, will you call roll on Item Number 10. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES. Item 11. FP 04-027 Request for Final Plat approval for five single-family residential building lots on 1.06 acres in an R-8 zone for Windsong Subdivision No. 2 by Landmark Engineering & Planning, Inc. — north of West Ustick Road and west of North Linder Road: De Weerd: Thank you. Item 11 you have pretty much heard on FP 04-027. Staff, any further comment? Powell: No, ma'am. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 04-027, the Final Plat for Windsong Subdivision No. 2. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Item Number 11. Mr. Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES. Item 12. Public Hearing: VAC 04-001 Request for a Vacation of sewer easements on Lots 13 & 14 of Taylor Subdivision by Larry and Becky Palmer — west of North Meridian Road and north of West Franklin Road: Meridian City Council April 27, 2004 Page 17 of 60 De Weerd: Okay. Thank you, Mr. Clerk. Item 12 is we enter into the Public Hearing process. Our ordinance requires that we swear in anyone who will be providing testimony during our Public Hearing process. Those of you who would like to provide testimony on any of the following items, if you will, please, raise your right hand. Do you swear the testimony you provide tonight will be the truth, the whole truth, and nothing but the truth, so help you God? (Affirmative answers.) De Weerd: Thank you. Okay. Item 12, Public Hearing VAC 04-001 for Taylor Subdivision. We will open the Public Hearing with staff comments. Powell: Madam Mayor, Members of the Council, this property is on Meridian Road just north of the new Napa store and south of the park district where the Parks Department's property is. Pardon me. They are vacating an easement, a sewer easement. As you can see here, there is the Napa store there and the Parks Department property. The existing easement goes — follows this sewer main, which goes through here. There are two properties, one and two. They want to relocate the easement in this area. They will run a line down to here and, then, back up to this original manhole and, then, it goes across Meridian so, there are no other utilities in that easement. They'll just abandon that main line. It does not go further south. When this property was developed they took their sewer line directly into Meridian Road. Staff -- the Planning and Zoning Commission did recommend approval of the project. There was no public testimony presented. It was not a Public Hearing, only a recommendation item. The only item of discussion by the Commission included how the properties would sewer upon vacation of the easement, as I have described to you. There are no outstanding issues and no changes to staffs initial recommendation. De Weerd: Okay. Any questions for staff at this time? Bird: I have none. De Weerd: Okay. The applicant is -- is the applicant here? Do you have any comment? The applicant is available if you have any questions. Rountree: I have none. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing VAC 04-001. Rountree: Second. Meridian City Council April 27, 2004 Page 18 of 60 De Weerd: Okay. It's been moved and seconded to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd like to make a motion, but first I want to say how nice that two blocks look -- or two lots look. Mr. Palmer, I'm sure when your building gets on there it's going to look nicer, but it looks pretty nice right now. Been a big improvement. With that, I would move that we approve VAC 04-001, easements -- the sewer easements on Lots 13 and 14 in Taylor Subdivision. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the VAC 04-001. Any further discussion? I guess one other comment. I'm very pleased that we can finally drive by it and thanks to ACHD for opening up Meridian Road. Mr. Berg, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES. Item 13. Public Hearing: RZ 04-003 Request for a Rezone for .17 acre from I -L to O -T zones for Brandon Wright by Brandon Wright — 631 West 1st Street: De Weerd: Okay. Item 13, Public Hearing on RZ 04-003. 1 will open the Public Hearing with staff comments. Powell: Madam Mayor, Members of the Council, this is a simple Rezone request from I- L to O -T. Apparently a number of years ago a developer kind of rounded up all this property and did a mass rezoning to I -L, but, then, that developer's plans fell through, result being that there are, as you see, several single family houses out there that are currently zoned I -L. Mr. Wright's is one of those properties. This is the senior center. Some additional parking here. He's just to the east of the senior center and there are also several existing single family homes south of him. Here is the railroad tracks. He is just simply requesting a Rezone to OT. He is within the OT designation on the Comprehensive Plan. The reason being that he's tried to sell his house for a number of years with the -- the lenders end up calling my office asking if they can get a rebuild Meridian City Council April 27, 2004 Page 19 of 60 letter and I'm not able to issue one, because the code says that it would require Conditional Use approval to rebuild a single family house in the industrial district. For that reason he is asking for a Rezone to OT. Single family houses are a principally permitted use in the Old Town District, so that would allow us to issue a rebuild letter. You might have noticed that the recommendations on this -- on this project look similarly -- look very much like a template. Apparently, Wendy's changes -- Ms. Kirkpatrick's changes did not get saved when she forwarded that to you, so you do not have an official recommendation. I did talk to Mr. Nichols, he feels that he could, because it is a fairly straight forward application, he could prepare the finding. We are hoping you decide to go ahead and have the hearing tonight, despite the lack of proper recommendations and apologize for that. The P&Z Commission did hear this item and they have recommended approval. The applicant testified in favor of the application. There was no opposition and there is no changes to staffs initial recommendation and to our knowledge no outstanding issues before the City Council. De Weerd: Okay. Any questions for staff? Rountree: I have none. De Weerd: She already answered them. Okay. Is the applicant here tonight and would you like to provide testimony? The applicant is available for any questions if you have any. Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. De Weerd: Is there anyone else in the public who would like to issue testimony on this application? Okay. Mr. Bird. Bird: Madam Mayor, I move that we close Public Hearing RZ 04-003. Rountree: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Bird: I have none. Rountree: None. Wardle: Madam Mayor? Meridian City Council April 27, 2004 Page 20 of 60 De Weerd: Mr. Wardle. Wardle: I move that we approve RZ 04-003, a Rezone for Brandon Wright. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Item Number 13. Any further discussion? Hearing none, Mr. Clerk. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES. Item 14. Public Hearing: RZ 04-001 Request for a Rezone of .353 acres from R-4 to O -T zones for NIDAYS Addition by Merlyn and Brandon Schmeckpeper — 230 West Pine Avenue De Weerd: We are cooperative tonight. Okay. Item 14 is a Public Hearing on RZ 04- 001. Would you also like me to open the Public Hearing on Item 15? Powell: Madam Mayor, they did have different applicants and they do have different recommendations coming forward to you. De Weerd: Okay. Then, I will just open the Public Hearing on Item 14 and start with staff comments. Powell: Madam Mayor, this is a request by Merlyn and Brandon Schmeckpeper to Rezone the property from R-4 to OT. It is within the Old Town designation on the Comprehensive Plan. You have seen this request before. It was accompanied by a request for a day care. Some reminders. There is a school property just -- there is one home between this property and the school property that's owned by the Rokovitz, who have provided two separate letters of testimony tonight just prior to the hearing and, then, this is Pine Street. The Rezone, as I mentioned before, it would be consistent with the Comprehensive Plan. There was one issue of concern that we did require -- let's see. The Planning Commission is recommending one, a development with one condition and that condition relates to a property boundary dispute. In the handwritten letter that you received tonight is also in regard to that property dispute. There has been a question about this northern property boundary. When Mr. Schmeckpeper acquired the property he had it surveyed and removed an existing fence. His survey shows the property line being pretty much right where the house is, the Rokovitz house. Because there was this outstanding property dispute issue, staff suggested that the applicant put the ten foot buffer that would normally be required by landscape ordinance on the Rokovitz side and, then, put a fence. We are getting to the Conditional Use, but it's easier to show here. This is the disputed property line. This would be the ten foot landscape buffer, then, you would have a six foot fence on this side. That way, if at Meridian City Council April 27, 2004 Page 21 of 60 some point the boundary is resolved and it's five feet, then, they can just remove the landscape island and build another fence if so desired. It still provides the appropriate screening and buffering for this property to at least get the fence up to minimize impact on this property. This does -- the Planning and Zoning Commission -- here is the -- here is the house that would be on the Rezoned property. This is a view looking across the back of the property. Oops. Looking -- it's basically looking down here from the street to the alley. You can see it's currently cleared and this is their detached garage that they have and their fence in back of the detached garage. The Planning and Zoning Commission have recommended approved of this application. The applicant testified in favor of the application and two neighbors testified in opposition. The primary concern of the neighbors was that the commercial use was incompatible with the surrounding residential uses. There was not any significant change to staffs recommendation and your summary says that there are no outstanding issues. We did believe that the Development Agreement took care of the one outstanding issue regarding the property line. I think that would be all staffs comments on the Rezone application at this time. De Weerd: Thank you, Anna. Any questions for staff at this time? Bird: I have none. De Weerd: Okay. The applicant has 15 minutes. Is the applicant here? Since I did not see you when I swore the audience in, if you will, please, raise your right hand. Schmeckpeper: I probably wasn't here. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth so help you God? Schmeckpeper: So help me God it is. De Weerd: Thank you. Please state your name and address. Schmeckpeper: Thank you. Madam Mayor, Councilmen, my name is Merlyn Schmeckpeper. I reside at 157 East Ada, Meridian, Idaho. I'm the owner of -- or one of the owners of the subject property and I'll make this as quickly as I can. I'll try to read most of this, so that we can save some time. The subject property is 230 West Pine Avenue, Rezone No. 04-001. The statement describing the characteristics which make a zoning amendment desirable, as an overview, it's located on a collector street, West Pine Avenue, located on a corner, West Pine Avenue and West 3`d Street, allowing for two approved accesses to and from the site. The location is close to the downtown business district. Other business properties already exist in the immediate area and I'll provide a map here directly. They consist office spaces, a chiropractic office and numerous business offices. A beauty salon and multiple family dwellings, two, three, four and six-plexes. We have accommodated off-street parking. We meet setback requirements and the property is becoming very difficult to rent residentially, because of Meridian City Council April 27, 2004 Page 22 of 60 the location and the street noise. The structure of the house and the garage are ideally suited for office tenant requirements without changing or remodeling or changing the residential appearance. The location, 230 West Pine, is located close to downtown Meridian businesses, districts, on a major collector street. There are several other existing offices, businesses, and multi -family dwellings in the immediate area. The three bedroom house and extra large detached double garage are located on the northeast corner of West Pine Avenue and West 3rd Street. The lot lays 120 feet east and west on the north side of the West Pine Avenue and 128 feet north and south on the east side of the West 3rd Street, which dead ends into the Meridian grade school. The eastern boundary is shared with ACHD alleyway, which also dead -ends at the Meridian grade school. There is one single family dwelling to the north between the subject property and the Meridian grade school property. The side has two approved accesses for ingress and egress. One located on the southeast comer by the dead end alley to West Pine Avenue and the second on the northwest corner to the West 3rd Street. Both are approved by ACHD for much more intense use than the proposed use. The parking -- we have 11 spaces as off-street at the rear portion of the property, accommodating all of the employees' needs, with room for future expansion. The accompanying CUP request states that client or public access is not required. The facility is a 1,500 square foot building and a 600 -- plus 600 square foot garage are ideally suited for office and small business use and storage. The property fronts West Pine Avenue, making it much better suited for office use than for residential. Municipal water and sewer systems are in use. Existing stock. There is several different -- several existing office businesses and multi -family dwellings already in the immediate area. I'd like to give you this map. Rather than put it up, I have got copies enough here for you folks. De Weerd: It's on the screen right now. Schmeckpeper: Oh, it is up. Thank you very much. I'll save those. As you can see, we already have a neighbor that was just recently Rezoned Old Town and that's where the John T. Schroeder four-plex is being constructed. We are not asking for anything out of the ordinary. We are asking this to be considered in line with the Comprehensive Plan. The Comprehensive Plan simply states that the City of Meridian wants this to be Old Town zoning. We are in compliance with that, as well as compliance with the request of staff. A few quotations from the adopted Comprehensive Plan, if you would. Chapter 5, Goal 2, Objective A, quote: Support redevelopment of the Old Town. Action 11. Adapt policies that will promote the downtown district as a prime location for a mixed residential and commercial opportunity. Action 12. Develop special plans for the redevelopment and revitalization of Old Town that will enhance the area and prevent future deterioration. Chapter 7, Goal 1, Objective B, quote: Plan for a variety of commercial and retail opportunities. Action 5. Locate new community or commercial areas on arterials or collectors as -- near residential areas in such a way as to compliment with adjoining residential areas. Our property will still look and feel residential. Chapter 7, Goal 4. Encourage compatibility uses to minimize conflicts and maximize the use of land. Objective B. Quote: Build services to areas of opportunity and promote future development of commercial, industrial, and retail services. Action 2. Meridian City Council April 27, 2004 Page 23 of 60 Quote: Provide incentives to attract low impact commercial, industrial, et cetera, businesses. And I'm going to make one more further quote from the Table 8-1, Action Items, Responsible Entities and Priorities. Under priority identified as immediate, Chapter 4, again, develop incentives to attract low impact commercial and industrial businesses, etcetera. Responsible parties, planning staff, P&Z, City Council, Chamber of Commerce and the MDC. As residential use the property is not desirable at best. Many of the houses are among the older within our city, consequently, many of these properties are forced to survive as rentals. As owners of the 230 West Pine Avenue property, we can tell you the difficulties in renting to the residential sector. Few families want to live on such a busy and noisy street and renting it has become a major problem. Therefore, the investment required sustaining and maintaining properties as a viable asset to the community is no longer practical or achievable. Further property deterioration is inevitable. By converting to an office or a small business, et cetera, and by utilizing the existing structures as is often possible, the area still retains its residential appearance and feeling. In fact, by converting to office and small business use, the impact of traffic and traffic noise often will decrease. The survivability and functionality of small offices and small businesses are vital to the community's well being. This type of usage fills a gap between the large scale commercial and industrial developments and meets many business's needs at an affordable price. Also, as participating Tom Hudson's planning, it was one of his key points that this is vital to the success and ongoing success of Meridian is to mix development. With that I ask that the Council see fit to approve the zoning change and I will cover some further issues later in the CUP application to follow. De Weerd: Council, do you have questions for the applicant? Bird: I have none. Rountree: None. De Weerd: Okay. Schmeckpeper: Thank you very much. De Weerd: Thank you. Okay. Our public testimony, we have three minutes for -- to obtain public testimony and, unfortunately, I can't read some of these names. There is an R.P. -- if you would like to come forward. Okay. That's great. I will ask Mrs. Rokovitz to come forward. I did see your hand go up. If you will just state your name and your address. Pull the mike down. Thank you. Rokovitz: My name is Charlene Rokovitz. Do you want my address or the -- I own the property north of the -- connecting 230 West Pine. De Weerd: The address in which you reside. Rokovitz: Which I reside? Meridian City Council April 27, 2004 Page 24 of 60 De Weerd: Yes. Rokovitz: 19487 Apricot Lane, Caldwell. De Weerd: Thank you. Rokovitz: My son lives at the house on West Pine -- or on West 3rd, but was unable to attend tonight, because he had to fly out for some critical incident response training for disasters. His letter might look a little long to you. I gave you a copy of his letter. It may look a little long, but he's covering both the CUP and this rezoning and we were told that you would read this before you make your decision. This property was rented to a business, but they didn't even bother to get the necessary permits. After months of running a business out of the home and the garage, the applications were finally made and area property owners were notified. When I called Mrs. Powell to see what exactly needed to be the objection letter -- in the objection letter, I was told to show proof. I didn't realize it was my responsibility to prove the illegalities of a place when they already had received complaints being -- because of disruptions to the neighborhood. Before the Planning and Zoning meeting they gave a warning and on the day it was to expire Ms. Rice and the Schmeckpepers and I think they said the DeVaneys, but I'm not sure about that, was told at that time to stop all business activities. They did not, however. Evidence was shown at the Planning and Zoning meeting by the neighbors that a business was being run illegally out of the garage. Ms. Rice was not living in the house. This permit was for a home business. The police chief stated -- and you should have his report -- that after surveillance -- and I quote: The submittal of a new application for a residential home business is not accurate and could be construed as being misleading. He, then, went on to say -- again, and I quote: If Susan Rice is affiliated with or contracted by Seal Co, the application as submitted may be fraudulent in nature. Even after all the neighbor's logs that was handed in and the police chief surveillance report and the code enforcement report, they gave Ms. Rice a bookkeeping permit with a condition that Seal Co business was not to be run out of the garage or they could revoke the permit. To date that has not been done. Because the Seal Cc business continued to run out of the garage until a few days before the Planning and Zoning meeting, the code enforcement was to give citations. None was given, as he was -- said that they were going to give a summons instead. However, that was not done either, as they wanted to wait and see of the business was approved, so they could save money if it wasn't. The code enforcement officer's hands were tied to do anything at that time. Because of the knowledge of the code enforcement officer and the police chief, I asked Wendy to have them come and tell what they had witnessed, but they refused to ask them. It appears the rules and policies of the city have been totally ignored without any consequence. There is another issue in the Planning and Zoning rezoning application about the property line. I am hoping there is someone on the board with enough knowledge about the law to see that the Planning and Zoning ruling that should be a civil matter, that if this is Rezoned there will be a fence and a cement curb gutter put in where they, the Planning and Zoning, say their new survey is the property line. I still haven't figured why Planning and Zoning has taken it upon Meridian City Council April 27, 2004 Page 25 of 60 themselves to decide what -- where the property line is by incorporating in a Rezone permit a cement curb and a gutter, ten foot buffer fence from the new survey line, which makes it four feet from where the actual property line is. They want to put in a buffer fence, even though your policy landscaping ordinance states -- and I quote: The landscaping ordinance requires a 20 foot buffer between single family residential uses and office uses. MCC 12-13-12-5. Because I found out from the Ada County Assessor that all over Meridian the monuments for surveying have been shifted. And that was his word. They -- that when -- De Weerd: If you can summarize. Rokovitz: Oh, man. This can't be summarized, because we have been bounced around so bad by what is going on. There is just no way to summarize this. De Weerd: Do you have that in writing, ma'am? Rokovitz: My letter? De Weerd: Yes. Rokovitz: Yes. I do. De Weerd: Are you reading what we have with us? Rokovitz: I am reading this. I'm just -- De Weerd: Okay. Rokovitz: I got about half a page left. De Weerd: Well, we do have it in front of us and -- Rokovitz: No. No. You don't have my letter. No. De Weerd: Okay. If you can give it to the clerk -- Rokovitz: Okay. De Weerd: -- he can make copies, so the Council can -- Rokovitz: Well, let me just say, then, that you have been given from my -- the builder you have been given his notes. He is retired now, but he wrote out a letter as to what they had to do back in the 70s. You have also been given a boundary by agreement, which, as I said, this is a civil matter, it has nothing to do with Planning and Zoning. They are trying to make law. You also have pictures which show where they have -- want to put that curb gutter. I'm sorry, would you want it next to your house? I mean Meridian City Council April 27, 2004 Page 26 of 60 right next to your house. Let me just say that if you do Rezone this with the curb, gutter, and that, you will be overriding the Idaho State Senate Bill 1428 and decided -- you have decided where the boundary lines are, instead of allowing it to be a curb -- or to be a civil matter. I guess that's -- that's all. Three minutes isn't very much. De Weerd: Council, do you have questions? Thank you. Rokovitz: Yes. Do you have any questions? De Weerd: Thank you. Rokovitz: Thank you. De Weerd: Mr. Crispelle. I did see your hand up there. If you will just -- no. I saw you raise your hand. Crispelle: Oh. Okay. De Weerd: If you will just state your name and address for the record. Crispelle: My name is Bob Crispelle, 306 West Pine Street, Meridian. De Weerd: Thank you. Crispelle: I'm on the west -- the western side of 230 West Pine, across 3rd Street. Anyway, I don't want to waste your time, I just want to second the motion here. She took my thunder away. I really don't understand why the applicants in this case are even being considered by you with what's gone on and running this business since October of 2003. I'm against it. Do you have any questions? De Weerd: For the same reasons that were just previously -- Crispelle: Well, yes, this has been going on. It's one thing and, then, another and if it doesn't work one way, it seems that the applicants try something else and I just disagree with it. It's not the proper way to do it. They have been running a business there since the middle of October. I'm the one that contacted Joe Venneman November 1, 2003, about the illegal activity that seemed to be going on over there and he told me about a month later, after work -- he asked me to keep notes on it. He told me he was pretty busy. I have submitted by notes to you. You have probably all seen them. I just -- but, anyway, Joe Venneman told me that about a month later that he wasn't -- he couldn't do anything about it, that his boss wasn't going to do anything about it. I went to see the old mayor going out twice about it and I came to see you, Madam Mayor, and so that's all I have to say about the issue. De Weerd: Council, do you have questions? Meridian City Council April 27, 2004 Page 27 of 60 Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. Crispelle? Crispelle: Yes. Nary: I'm not -- I guess I'm not sure that it's very clear either to yourself or any of the other folks. We have two hearings tonight. Crispelle: Right. Nary: Everything you have just said applies to other one Crispelle: No. They both apply to -- Nary: Okay. All we have heard -- all we are hearing and all we have heard to this point is from Mr. Schmeckpeper requesting that that property be Rezoned as Old Town and his reasoning was -- is there another piece that's Old Town, it's on our Conditional Use - - or it's on our land use map as Old Town and that there are potential uses. That was the discussion at the Planning and Zoning Commission, there are potential uses, all of them require Conditional Uses, which is what the other application is about. Crispelle: Sure. Nary: What you have told us, at least to me, really applies to the Conditional Use and your reasons you don't like that use, but I didn't hear you say anything as to why that shouldn't be Old Town and that's all we are listening to for this part. Crispelle: Well -- okay. My position is, you know, if this would have been approached by the applicant from the get go correctly -- in other words, applying for a conditional -- or a zone change, Conditional Use Permit, before they did this and with a little better attitude, instead just in your face. There was a lot of things done -- Mr. Schmeckpeper put in a pipe that's not even finished for the irrigation ditch, so that he could get his road onto 3rd Street. I don't object to a business or Rezone that's conducive to a residential area, but from what we have seen in the last seven months there was a business being run out of there with trucks coming and going, personnel -- that was witnessed by the chief of police, Joe Venneman -- I just don't understand why this body would even consider it at this time. Nary: Great. Thank you. De Weerd: Any further questions? Thank you Crispelle: Okay. Thanks. Meridian City Council April 27, 2004 Page 26 of 60 De Weerd: Donna Priest? Is Donna here? Would you like to provide testimony? If you would raise our right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Priest: Yes, ma'am. De Weerd: If you will, please, state your name and address and if you will pull the mike up a little bit. Thank you. Priest: Okay. Do I state my name or my mother's name? De Weerd: Your name and address. Priest: Audra Priest. 231 West Pine Avenue. De Weerd: Thank you. Priest: I would just like to say that I have seen -- I have seen this going on for quite awhile now and I don't think that -- I don't think it's legal, first of all, and I don't think it's very safe to the area, because there is a lot of children running around the area. I don't know if it's part of the zone or not, but I could just see a lot of potential harm from -- form it -- from the children, because they aren't very cautious, but I just see that causing a lot of damage. De Weerd: Thank you. Do you have any questions? Do you have any further comment? Priest: No. De Weerd: Okay. Thank you. Okay. Patricia? Okay. Robin or Randy -- and forgive me for not saying your last name. They are not here tonight? Okay. Okay. Well, is there anyone else who would like to provide testimony on this application? Okay. Would the applicant like to come up and provide rebuttal. You have 10 minutes. Schmeckpeper: Madam Mayor and Councilmen, rebuttal. Really, the only thing I'd like to offer you and it's at your pleasure, if you would like to here it, is the fence issue. We don't have a boundary dispute there. Our property was legally surveyed and recorded about a year ago by Nelson here in Meridian. He's surveyed thousands and thousands of places. We are not concerned that it is not a correct survey. We know -- and I want to share this with you. We have some aerial photos here, much like the one that was on -- and I'll pass these out, so you don't have to put them on the screen. I will make this very quick. Looking at the first photo that I gave you, you can locate -- I'm on the wrong one. You can locate the subject property off of West Pine Street at the bottom of the page clear over to the right-hand side. The first parcel there is the subject property. The Rokovitz property is just to the north or up. You see a zero setback. We have Meddian City Council Apol 27, 2004 Page 28 of 60 located some other properties on this particular picture and we didn't spend a lot of time doing this, believe me. There are two encroachments, as you can see, and property with a zero setback. On that particular photo we have two zero setbacks and we have three encroachments. Now, if you go to the next one, which is the two blocks south of the subject property, you will find that there is 15 zero setbacks shown and two encroachments. That's within two blocks of this property. It is obvious from the photos that zero building setbacks were common in the past and I doubt seriously that it was done with any intent to steal the neighbor's properties. This was a common thing. I have seen other maps of Old Town areas and Meridian areas that this same problem is reproduced time after time after time. With that I will stay quiet, unless you have questions. De Weerd: Mr. Rountree. Rountree: Madam Mayor. What's the source of this information? Schmeckpeper: Ada County Highway Department Rountree: Is it GIS information on the map that's been done with GPS or is it actual land survey work or -- Schmeckpeper: I think it's from satellite. That's my understanding anyway. And they tell me that their accuracy is somewhere within six inches one way or the other. And I'm not claiming this to be an absolute accurate map, I'm saying that the properties that we own, we have areas of -- or satellite pictures of them all and they are all within inches. De Weerd: Okay. Any further questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. Schmeckpeper, the other issue that was brought up was the other gentleman testified that part of his reason for wanting us to deny this Rezone request by you is because you allowed a business to operate illegally for seven months before anybody did anything about it. What's your response to that? Schmeckpeper: Well, that's -- my response to that is that's not true. I had a residential -- or had a residential lease at that point in time. Now, that lease has since been changed to Susan Rice, because she is now the tenant of the property and that came along with the AUP approval I think on March the 4w. No, my leases are residential. Nary: Well -- okay. That doesn't answer the question. In October -- his testimony was in October you were leasing the property to someone who was operating a business unlawfully and you're telling me in March that changed to some other person and I don't care about that. What happened in October and November? Meridian City Council April 27, 2004 Page 30 of 60 Schmeckpeper: No. What I'm saying -- what I'm saying in October and November when I signed my lease with Paula Devaney and Mike, that lease is a residential lease. That property was leased as a residence. Now, the lease previous to that -- and maybe this is important, too. Was also a residential lease. That man was a painter. His wife I think worked at HP and he was a house painter. He, actually, ran his business out of there. He brought his trucks home, he kept ladders and paint in the garage, and he didn't have a sign up. This was where he lived. This is where he kept his work vehicle that he owned, obviously. As a matter of fact, the family that was prior to these -- this lease in October and the lease in March had probably twice as many vehicles as a residence than Seal Co has ever had or ever plans to have. Yes, my answer is it was a residential lease. The discussion at the time, if they wanted to work out of that, they would have to go to the city or the authority do the things that were necessary to accomplish that. I also told them that if they decided to do that, I would work with them. Powell: Madam Mayor, Councilmember Nary, I have quite a bit of testimony regarding that issue. I was going to do it with the Conditional Use application, but if you'd like it now, I could present it now. Nary: Well, I guess for me I would, only because that was -- that was the issue raised as to the reason that the neighbor had requested we not consider the Rezone and that's why I wanted Mr. Schmeckpeper to have an opportunity to respond to that. If it's related to that part of it, I don't have an objection to it. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I just have a follow-up to some information I just heard that's different than the information I heard previously from Mr. Schmeckpeper, in that he's just gone through a scenario of residential leases and part of his justification for a Rezone is that he can't get residential leases. What's going on here? Schmeckpeper: Well, I can rent it, okay? I can't rent it for what it should rent for. That's the problem. Our rents have continually gone down over the last three years continually. What I'm saying is with this trend in place and the comments from the people that look at it, you know, they like the house, they like the grounds, because they are pretty, they like the additional parking, they like the garage, but they don't like the street and they don't like the noise. Particularly if they have, you know, a lot of small children and three bedroom houses attract people with small children. It's becoming more difficult to rent and maybe I should restate that to get the value out of it that should be achieved. It's very difficult. I hope that answers your question, Councilman. De Weerd: Did you want to -- Meridian City Council April 27, 2004 Page 31 of 60 Nary: Certainly, if it's related to the issue of Rezone I would be interested in hearing that. Obviously, Mr. Schmeckpeper would have an opportunity to respond as well. I didn't want to digress into the CUP, but if it's related to the issue of whether to Rezone the property or not, I guess we would have to hear it. Powell: Okay. De Weerd: I guess that's your judgment call, if it's related to the Rezone. Powell: It would seem that the enforcement issues have been tied to the Rezone, so I will be happy to go there. There was a complaint filed with Joe Venneman by Mr. Crispelle. Joe Venneman did respond and he followed up with a letter that said that the commercial activity needed to cease on the property. Shortly after that time I was informed about it and Mr. Schmeckpeper and Paula Devaney came in and we talked about what they needed to do. We talked about the Rezone application, as well as the Conditional Use application. They did indicate that they would proceed with those under different applicants, Mr. Schmeckpeper being the applicant for the Rezone, Mrs. Devaney being the applicant on the Conditional Use. I told them the commercial activity needed to cease and Mrs. Devaney asked if there was any way that they could just continue to do their office work through the house. I said, well, the only way that that could happen would be that if someone lived there and it was done as a home occupation just for the office, but there could be no trucks, no additional people coming to and from the site, that it was just accounting work being done from the home as a home occupation. She -- we continued to get notices of trucks showing up. They filed for the Accessory Use Permit that takes -- we send that notification out to the neighbors and, then, they have a couple weeks to respond and, then, if we receive complaints, which we did, regarding the accessory use application, then, it goes to the Planning and Zoning Commission. We had to get it on the agenda. We continued to receive complaints and to note that the commercial activities were still going on on the property. Because it was in the process, as is usually the point case, we didn't -- we didn't proceed with -- with enforcement activities, because we generally wait to see what happens with the hearing process and this is how we typically do any enforcement activity. The Accessory Use Permit got to the Planning and Zoning Commission and the Planning and Zoning Commission felt that the requested use of having the bookkeeping office out of the house was appropriate. However, they did give strong cautions, as was mentioned before, that if the commercial activity did not cease, that it would influence their Conditional Use Permit and they continued to run the business from the office. We -- both the police chief, members of staff that tend to drive by there on the way to work, noticed the trucks -- I mean it was pretty clear that those trucks were still showing up on a regular basis. Again, we are in the hearing process, so we just kind of were going through the -- so, the accessory use was approved. We gave them strong -- very strong verbal and written warnings that the commercial activity needed to cease. The conditional -- by that time the Rezone application and the Conditional Use application were in the process. We are awaiting their hearings before the Planning and Zoning Commission. At those hearings, particularly the Conditional Use hearing, Mrs. Devaney testified and it was pretty clear -- well, her testimony -- it's Meridian City Council April 27, 2004 Page 32 of 60 on record, but to summarize, I think that they expressed that they weren't clear on what it meant not to have the office operating out of there, versus having the trucks show up. The Planning and Zoning Commission has reviewed the Conditional Use Permit. They have recommended denial of that largely on the basis that it's not compatible with the neighbors. They have, though, recommended approval of the Rezone. Mr. Schmeckpeper, once the Accessory Use Permit was approved -- was it, then, Merlyn, that we came in again? It was prior to the hearing for the Planning and Zoning Commission. Mr. Schmeckpeper and Mr. Devaney came to the office and we talked about what would be entailed at the Planning and Zoning Commission hearing. Schmeckpeper: That's correct. Powell: These complaints have not -- I mean it's been directed at Seal Co, not at Mr. Schmeckpeper. As the property owner he is informed, but it is the use that's been the concern, not the property to this point. That's the abbreviated story of the last few months since October. It has been complicated and I empathize with the neighbors, it does seem like we are doing nothing, but we have been in the middle of the hearing process the entire time and it is general practice that the enforcement issues -- kind of the -- most of those enforcement activities take place once it's through the hearing process and they have exhausted those opportunities. Because the enforcement activity takes so long, in and of themselves, it wouldn't really be possible to do them in the time frame before it gets to the Council for their approval or disapproval. De Weerd: Okay. Follow up? Nary: I guess before I have a follow up, I don't know if Mr. Schmeckpeper has anything to add to that testimony. Schmeckpeper: No. That was reasonably an accurate summary of the CUP situation and it's regretful that the two applications have to overlap each other. At this point in time we are here merely, myself, at this point in time, to ask for the Old Town zoning, which is in line with the Comprehensive Plan that was adopted by this city, by this Council. It has been recommended for approval by the staff and that's all we are asking at this moment in time is that that Old Town zoning be granted; much like it was for the corner where the John T. Schroeder property went from R-4 to Old Town, which is almost adjacent to our property. Unless, you have further questions, I would certainly try to answer for you. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yes. I guess, Mr. Schmeckpeper, in reading both of these, it appears that the staff doesn't fault you as the property owner for how that property was used and I do. I think it is your responsibility as the property owner as to how it's used and to stand here and all you want is a Rezone, knowing how that's been used, is ridiculous to me. You Meridian City Council April 27, 2004 Page 33 of 60 have a responsibility on how that property is used. It's your property. I recognize there is a property dispute and that's not really our call and we don't have anything to do with that, but, normally, when people ask for a Rezone they do it one of two ways. Sometimes they don't know what they are going to do with it and we have had a lot of those and we have granted it, because they don't know yet what it's going to be. We have had a lot of those in Eagle Road and they have asked that it simply be compliant with the Comprehensive Plan and the land use map as its presented and we have granted them, because that's all they have asked for and that's what it sounds to me you'd like to be considered. I can't get there, because you have abused the situation as a property owner in allowing it to be used unlawfully by the testimony we have received and you don't want to be held at fault for that and I can't do that. I have a hard time, because, normally, when someone wants a Rezone and we don't like what it is, of course, we will ask them what's it going to be if it's not what is currently allowed, then, we do have to decide do we grant that Rezone and the use that's going to be there and this one happens to be an anomaly, because it's a Rezone that's been recommended and a Conditional Use that's been recommended as a denial and that's not very common. But that's the hard part I guess I'm having with this, is you stand here and want us to simply consider you without the use that's already been done and I can't get there yet based on your testimony and I haven't really heard any good response. Council Member Rountree's question was valid. I don't know that you can't rent this property. I didn't hear any testimony from you that it's ever been vacant. Schmeckpeper: Well, it has been vacant. Nary: Okay. I didn't hear testimony from you that it's been vacant. What I heard was is you can't rent it for as much money as you'd like to make. Schmeckpeper: No. It's a going market -- excuse me. Nary: And that isn't a concern to me. All the rest of the homes around there have people in them. They seem to be either owner occupied or rented, so they don't seem to be a problem in getting people to live in this particular area, it just seems that you want to change, because you don't think you can make as much money on that property and I understand you have a business to run as well, but could you answer for me? Because that's the part I'm having a hard time with, is you seem to want to have your cake eat it too and I'm just not there. Schmeckpeper: Well, that's -- Councilman Nary, that's not the case at all. First of all, I don't know what we are going to do with that property in the future. As you well know, the CUP that follows this has been recommended for denial. Now, I personally don't agree with that and I will give testimony as best I can in defense of the DeVaneys, but at this moment in time all I'm asking this Council to do is to give me the same consideration for rezoning of my property to OT that is in line with your Comprehensive Plan, the same as you gave the man next to me, Mr. Schroeder. Now, that's the only thing I can address at this moment in time. I have no idea whether the CUP is going to be approved or denied again. Quite frankly, what more can I say? Meridian City Council April 27, 2004 Page 34 of 60 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And I'm going to respectfully disagree with Nary, based on two things. One, we are talking about a Rezone. We just did one the application before, but most importantly, because we ask the members of the public what does this have to do with the Rezone and asked them to hold their comments on the CUP for the next hearing. And so I certainly would like to give the applicant the respect to be able to do that as well and so I would like to consider the Rezone from what we currently have to Old Town in this hearing, just as Mr. Schmeckpeper has asked me for, just like we asked the neighbors to do. De Weerd: Any further discussion? Bird: I have none. Rountree: Madam Mayor, are we at discussion or are we — I have -- De Weerd: More questions -- I'm sorry. Rountree: Mr. Schmeckpeper was talking about the property dispute and it was not an issue for him. I think the previous individual talked about it's a civil matter, a matter we recognize as a civil matter. In your mind it may not be a problem to you, but it would be a civil matter, assuming they want to take action and no matter what the city does -- Schmeckpeper: Absolutely. Rountree: -- it's still a civil matter -- Schmeckpeper: Absolutely. Rountree: -- whether we approve the Old Town Rezone and provide conditions to that, it's still a matter of civil action. Whatever you invest in that property that may ultimately be turned around by the court is your risk. Schmeckpeper: Absolutely. Rountree: Okay. Just as long as there is an understanding. Schmeckpeper: That's where it belongs is in the civil court, if they object to it or have differences with it, that's where it needs to be taken. Rountree: Thank you. Meridian City Coundl April 27, 2004 Page 35 of 60 Schmeckpeper: That's why we have them -- have no problem with that. De Weerd: Okay. Any further questions for Mr. Schmeckpeper? Okay. Schmeckpeper: Thank you. De Weerd: Thank you. Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I'll give my comments on the Rezone itself and feel that rezoning this property to Old Town is something that we have outlined in our Comprehensive Plan. It's certainly been spurred by some action from some of the tenants and actions by the owners, but, in reality, in the long run, we are at Pine Avenue, which is our Old Town District and I feel the zoning, regardless of what we do in the next application for a Conditional Use Permit, is valid and warranted for the Council to do. De Weerd: Thank you. Anything further? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just a point -- I don't know if it's now or after we close the hearing, but I tend to agree with what Shaun just said, but I like the tone from Mr. Nary. I think that, you know, folks need to respect what's going on and not use the inability of the judicial system or the city's ordinances to not get due process to the adjacent property owners and take full advantage of the due process activities that are in our ordinances. Having said that, my question is I don't disagree with the Rezone, I think it is consistent with our Comprehensive Plan, but as a city, do we Rezone something that though the due process has not gone through, appears to be inconsistent with our ordinances and, in fact, a bold front to our ordinances and we accept and move forward with the Rezone in order to make them comply. I just a statement to think about. That's where I struggle with it. Do we Rezone it once the activity on the property is compliant with current ordinances and zoning or do we do it now or do we deny it? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Since I opened the can of worms, one of the things I will say is the last thing that Mr. Schmeckpeper said I do agree with and that's what I wanted to hear was understanding that there is -- one, there is responsibility of the property owner, but, secondarily, I understand that there are times when a Rezone is really that, that's just all Meridian City Council April 27, 2004 Page 36 of 60 it is, it's a Rezone to what is compliant with the plan and that's, I think, what Councilman Wardle is talking about and I don't disagree with that and I have advocated that a number of times, when we wanted to see what was going to be there. Like I said, the struggle I have is we have seen what's been there. Most of the uses that would be in Old Town that would be of concern are things that have to have Conditional Uses and that's what the next hearing is about. What I would want to see, if the Council wants to Rezone this property, is that one of the conditions be is a resolution of this boundary dispute. I think Mrs. Rokovitz has raised a concern to me and that's not our -- it's not our right, I think that was Councilman Rountree's point is that's not our issue, but that issue has to be resolved, because how that property is configured and how it's going to be used is completely dependent on that boundary dispute, because it may impact where the property's access is, it may impact where parking might be, it may impact a lot of things, so it's going to have to be conditioned as part of a Rezone, if that's what the Council desires to do. I guess I'd like to see that. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a quick comment on what we are talking about as far as the Rezone and this is probably an issue that could be dealt with all over the city, but -- as far as businesses being run out of homes and things such as painters, because this is not happening in the middle of Bridgetower Subdivision where, obviously, that is something that wasn't planned for, we are talking about something that, regardless of activity, may seem to fit in the future and that's kind of where I'm -- I guess where I'm getting at and I have the feeling we are probably going to see some more of this even in the four years we are here and so I -- while this is maybe the first application from awhile, it certainly won't be the last and it will be more difficult to deal with, because we are talking about a different area and that's what we have said, but let me say that, that's what we have said, Old Town will be different. We are going to designate it differently. Powell: Madam Mayor, Members of the Council, may I respond to Mr. Nary's last statement? We did consider mechanisms to do just that, to somehow resolve that boundary dispute prior to the Rezone. The difficulty we came up with is that -- the survey was done over a year ago, as was testified. In that time the Rokovitz have not undertaken their own survey that would dispute that boundary, nor have they taken the applicant to civil proceedings that would resolve that boundary. There is no way for the applicant to, on his own, resolve that dispute and that's why we thought it was a compromise or at least an interim compromise to provide the ten foot landscape buffer on the benefit of the Rokovitz with the fence at that location. Mrs. Rokovitz did testify that it -- code requires a 20 -foot separation. Typically in Old Town we do see waivers of those setbacks, because it is a mixed commercial and residential district and the lots are constrained. The alternative compliance has been used probably in every case of the Old Town setbacks -- or buffering, not setbacks, excuse me, requirements. I did want Mr. Nary to understand that we did look at that, but we couldn't find any way that that would just become an outstanding issue that could never be resolved. Meridian City Council April 27, 2004 Page 37 of 60 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna, would you run through that setback routine for me again? I wasn't sure I followed it. Powell: The 10 -foot buffer? The landscape ordinance sets up buffers between varying uses and it -- typically a 20 -foot buffer would be required. In the Old Town District where part of the purpose of the district is really to mix uses, we have routinely made use of the alternative compliance section. If you will recall the Troy Place, those apartments that went in, I think they were required to have a ten or 15 foot buffer and I think we had two or three feet in a wall. It's not uncommon to -- and, actually, it's more common to waive some of those buffer requirements in the Old Town District. They don't require a fence. The applicant has agreed to do ten feet of buffer and, then, a fence, instead of the 20 -foot of buffer. Rountree: So, help me understand. In Old Town the alternative approach is normally in play and that results typically in ten foot or less or 10 -foot minimum? Powell: I couldn't tell you exactly what has happened typically. I could -- Rountree: But it ranges from -- Powell: It ranges. Yes. Rountree: --to 10 feet? Powell: It really just depends on how constrained the site is and how much they can give. We did -- the 10 feet gives them parking on one side and, then, a drive aisle that meets the parking requirements. Rountree: Thank you. De Weerd: Councilman Wardle? Wardle: Madam Mayor. Anna, I have a quick question about -- and we heard a subdivision, I believe it was Windsong, that had a property dispute, which you're saying is not similar, because, if I remember correctly, we put some of those -- that, you know, resolve in there. What you're telling me is because there really hasn't been any action taken, if we would make that condition of approval, the applicant would, then, have to begin civil proceedings -- or somehow do something else to get that resolved? Is that what you're telling me? Meridian City Council April 27, 2004 Page 38 of 60 Powell: Yes. Actually, this situation is pretty similar to Windsong and as you will notice, the applicant just kind of wrote off those five lots, because it's going to be difficult for them to resolve it. The main difference is you're talking seven feet out of how many acres -- I forget how many acres it was, versus five feet to six feet out of a small lot. I think probably what will happen on that other boundary dispute is that they will give up the seven feet and just because they want the lots. I don't think that it's much more onerous a task for this small property, so -- De Weerd: Okay. Mr. Nichols, do you have any comment? Nichols: Madam Mayor, Members of the Council, I would prefer to just respond to questions, rather than to comment. If you have specific questions, I would be glad to answer those. De Weerd: Any questions for the attorney? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess what we are struggling with at the moment, Mr. Nichols, is in placing a condition upon that, it seems like we are forcing the issue, I guess, to be resolved and I guess what I'm trying to figure out in my mind is that really a necessity in the city's interest or is this really an issue that either Mr. Schmeckpeper is going to have to resolve with the Rokovitz as to where the boundaries really are, so that he has a way to actually file a plat based upon those or whether or not a condition really is serving the city's best interest and I don't know if you have a comment on that. Nichols: Madam Mayor, Members of the Council, these boundary disputes pop up all over the place. There is a lawyer in Caldwell who says you're not really an Idaho lawyer until you have handled a boundary dispute. And the fact that there is a statute that sets a minimum time with regard to boundary by agreement doesn't mean that the mere passage of time resolves the issue. There are regularly probably at least two, maybe three, cases a year in the Idaho Supreme Court where a boundary dispute has somehow been one of the issues. It frequently comes up. One of the more recent cases that did not involve directly a boundary dispute, but did involve an easement dispute involved a Canyon county property owner who wanted to split a seven -acre parcel into three parcels and use a private ingress -egress easement to access all three parcels for residential use. In the underlying application, Canyon county conditioned the approval of the lot split Conditional Use on resolving that easement scope issue by a declaratory judgment, so that the Canyon County Commissioners, essentially, said to the property owner if you want to split this property, you're going to have to resolve this easement issue one or way or the other, either by agreement or by a judge saying you have the right to use it to access these parcels that you want to split. It has been done before and whether it's appropriate for the city to get involved in it, I think the issue is you don't want to be approving, for example, a Rezone, assuming that the boundaries Meridian City Council April 27, 2004 Page 39 of 60 are fixed, when they may not be. If you want to condition a Rezone on -- either by agreement or a court saying that the boundaries are fixed, I think you're entitled to do that. 1 would make the same comment later with regard to the Conditional Use Permit application. The same thing. That Conditional Use Permit, should you choose to grant it, could be conditioned upon resolution of the boundary dispute. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a quick question that I got confused on. Anna, is that 10 -foot setback in the Rezone or the CUP? Powell: It would typically be associated with the CUP, but in this case we had one condition for the Rezone that the development -- or we had a development agreement that would establish a 10 -foot buffer with the Rezone, so that the buffer issue could be resolved with the Rezone, rather than the CUP. De Weerd: Okay. Anything further? Does Council wish to hear from the applicant? Schmeckpeper: Thank you. First of all, I doubt if there is any zoning that you folks have ever done that you know where the boundaries are at and probably the difference is the boundary disputes come afterwards. Now, we have gone so far as -- at the request of Anna, the director of the P&Z, to agree to have a city selected surveyor go and resurvey our property to make sure the pins are in the right spot. Anna took that to, I assume, the city attorney and I believe -- and, please, correct me on this if I'm misinformed on this -- and was informed by the city attorney or by the attorney she spoke with that there is no need to do that, there is already a survey that's recorded and the surveyor's reputation is on the line if it's wrong. Now, just as a little bit of quick background. About a year or so ago we were trying to get a Rezone and a day care center approved for that area and I think Mr. Nary remembers and probably Councilman Bird, too. This whole thing, the opposition, the agitation of the residents that live in the area, if you look on your notes there was only two people at the P&Z in opposition. There were not two neighbors. There was two people. There was a mother who owns a house and a son. I guess you can say that we maybe gained some ground there, inasmuch as the Old Town zoning was recommended for approval. Now the neighborhood gets stirred up again. This whole issue -- and I'm sorry to say this -- is over that fence. Okay? This is a platted -- legally platted subdivision. The descriptions, legal descriptions, are accurate. I am showing you that there are many many instances there with zero setbacks, as well as encroachments. As a matter of fact, one of the oppositions that spoke tonight is encroaching his building sitting on the county highway's land. I don't know how he is going to solve that one. What I'm saying is I urge you, please, just reconsider it as a Old Town Rezone at this point in time. We have obligated ourselves to the staff, as well as to the P&Z council to do the setbacks and the fence and the landscaping as we have agreed to with the staff. We have also asked -- and I personally asked the P&Z that if for some reason we decided to do Meridian City Council April 27, 2004 Page 40 of 60 something that was in addition to those requirements at that time, if that would be acceptable or if I would have to come back in for reapproval and they said at the time if you're going to do something -- anything that's in addition to this, please, go ahead and do it. The pins are where the pins are. The description is what the description is. I agree that it is a civil matter and if the Rokovitz's really feel that that containment fence that her previous husband installed and she told me this in her own words, that her previous husband put that containment fence up to keep her mother's dogs in and her previous husband never paid attention to boundaries. And that was given to me and I am under oath. Now, again, I'm sorry that this all has to come out for the zoning. I apologize to the Council, Madam Mayor. Nichols: Madam Mayor? De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council just one thing. I'd ask that you take the time to read Mrs. Rokovitz letter, since she couldn't finish it, before you make your decision on this Rezone. To address the issue of a city approved surveyor, that doesn't resolve the pins. Fifteen surveyors going out and all saying that the pins are in the same spot doesn't resolve the boundary dispute and that's -- that's why I informed the planning director it would be against my advice to require that, because it would be something that would not solve the problem. De Weerd: Thank you, Mr. Nichols. We do have an open Public Hearing. What is your desire on how to proceed? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move we close the Public Hearing RZ 04-001. Rountree: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item Number 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion, comments, or questions? If you would like to take a moment and read your material. Bird: We did. Wardle: Madam Mayor? Meridian City Council April 27, 2004 Page 41 of 60 De Weerd: Mr. Wardle. De Weerd: Before I make a motion, I'm going to just comment on the fact that in my opinion, Planning and Zoning has addressed the issue that we were just talking about and in the best way they see possible and so we can discuss that if anyone disagrees with me, but I am going to move that we approve RZ 04-001, request for a Rezone for NIDAYS addition and include all staff, applicant, and public comments. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item 14, RZ 04-001. Is there any further discussions or questions? Okay. Hearing none, Mr. Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 15 is Public Hearing CUP 04-005. 1 will open the Public Hearing with staff comments. And does the Council, before we ask for staff comments, wish to take a break? Nary: If we could take a few minutes. De Weerd: Okay. Ten minutes? Nary: Ten minutes. De Weerd: Okay. We will readjoum at 10 after 9:00. (Recess.) Item 15. Public Hearing: CUP 04-005 Request for a Conditional Use Permit for an accounting and dispatch office in a proposed O -T zone for NIDAYS Addition by Seal Co. — 230 West Pine Avenue: De Weerd: Okay. I will call this meeting back to order. We will go ahead and open Item 15, the Public Hearing on CUP 04-005 and request that all the testimony that applied to this application be considered into the record -- be transferred into the record and open for staff comments. Powell: Madam Mayor, Members of the Council, 1 only have a little bit of additional testimony and that's just to go over the site plan. This is Pine Street. These are the currently landscaped and lawned areas here around the house. The house is 1,450 square feet and the detached garage is 660 square feet. The parking -- there would be two parking spaces in front of the garage. There is also -- there is a portion of the Meridian City Council April 27, 2004 Page 42 of 60 garage is not necessary for cars. It is a large garage. There is a small storage area here that could be used if two cars still pulled in there. There are four parking spaces here. There is enough room for some parking along the back. This would be the fence and the 10 -foot landscape buffer with the curbing. The applicant is asking to run a small business, which specializes in calking and sealing for construction projects. It would allow them to operate their accounting and dispatch out of the existing home at 2:30 West Pine. They would use the garage for minor storage of materials and the dispatch may or may not pick up materials there on a daily basis. I believe there was some testimony by the applicants that that could be done on the site, rather than -- on the job site, rather than on this property. As stated previously, this application does come forward to you with a recommendation for denial from the Planning and Zoning Commission. The applicant Paula Devaney from Seal Co testified in favor of the application. Two neighbors testified in opposition. The primary concern of the neighbors was the incompatibility of a proposed commercial use with the existing residential uses. There were no changes to staffs initial recommendation and the outstanding issues before the City Council began, probably, the dispute and, then, the compatibility with the existing residences. With that I will end staffs testimony and take any questions you might have. De Weerd: Okay. Any questions for staff? Mr. Nichols? Nichols: Madam Mayor, just to clarify that you have incorporated all of previous applicant's testimony into this hearing as well? De Weerd: Yes, I did. Nichols: Okay. Thank you. De Weerd: Thank you for the clarification. Okay. Would the applicant like to provide further testimony on this application? Oh, we have a different applicant. Sorry. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Devaney: Yes. De Weerd: Thank you. Please state your name and address. You can pull the mike down. Devaney: Paula Devaney. 6712 North Double Eagle Lane, Meridian, Idaho. Madam Mayor, Council President, Council Members, at this time I would like to ask for either a postponement or a withdrawal of our CUP application. Given what went on at the Planning and Zoning and the issues that were addressed in the Rezone, I think it would be much better for us. I think we would be better citizens to step back from this at this time and let the property be -- the property line dispute be resolved and the buffers be put in place, so that the neighbors can feel more comfortable about what is in place and what kind of business, then, would be run out of it. I'd either like to ask for a Meridian City Council April 27, 2004 Page 43 of 60 continuance of 60 days. If you can't do that, then, in the alternative we will withdraw our CUP and come back at a later date. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess, Mrs. Devaney, it's -- for me, I don't know that I would want to set it over for 60 days. I mean if there is going to be a lot of thought as to redoing this or how it's going to be done or what's going to be done, I guess I would be more inclined, if you wanted to withdraw, because there may be a whole lot more issues and there may be -- you know, we want to make sure it gets noticed properly and 60 days sometimes it gets lost in the shuffling of things, but that's your decision. Otherwise, if you want us to consider a continuance, I guess we could, but if you want to withdraw it, I don't know that anyone here is going to object. Devaney: I would feel better if we could withdraw it and wait until the property line issue is resolved, the fence and buffers put in and come back in a proper manner to reapply for our business. The business activities have ceased, there is no more trucks being parked there since March 26th, there is no activity in the garage, which is what the neighbors were -- I know that was their main concern. We have withdrawn all that, so I would propose that we withdraw it at this time and come back when it's been handled better on our part. De Weerd: Okay. Any further comments? Rountree: Madam Mayor, I would just thank Mrs. Devaney. Appreciate your offer Devaney: You're welcome. De Weerd: Okay. Thank you. I guess at this point the applicant has asked to withdraw the application. Further comments? Chief. Musser: Madam Mayor, Members of the Council, on withdrawal of the application one thing that I would like to point out to the Council and possibly have on the record is that we have a clear warning for no other activities related to the business with Seal Company, other than the approved AUP on the site and also notify you that currently at this time there is a report pending review by the prosecutor for the illegal activities that have prior been ongoing on that site. I could stand for the withdrawal of the application, as long as we have a clear warning there for no other type of occupational activities that we have had ongoing prior. De Weerd: So, that's within their Accessory Use Permit? Meridian City Council April 27, 2004 Page 44 of 60 Musser: The Accessory Use Permit was only for the bookkeeping activities by Ms. Rice at the time, so we wouldn't have anything else going on on the property related to additional Seal Co activities, dispatch, or the truck loading, delivery, that type of stuff. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And I certainly have no objection to that. I guess I'm curious as to now if it would be appropriate to proceed with a revocation of the Accessory Use Permit. It appears to me that it wasn't being complied with and it wasn't being used by at least the testimony that was had, but, obviously, a report and all that needs to be generated, but it's seems to me that if that -- that seemed to be a bulk of the testimony earlier was that an accessory use permit wasn't even being adhered to and if that's the case in any other person's situation, I'm assuming Planning and Zoning would move to revoke it. I recognize that things were pending, no it's no longer pending and it would seem to make sense to me to at least investigate that possibility, but I guess that's your call, Mrs. Powell, on revoking it. Powell: I was hoping this issue would get less complicated after tonight. The accessory use permit was admittedly done as an interim measure for the Conditional Use Permit. With the withdrawal of the Conditional Use Permit, however, wouldn't seem to negate whether or not the accessory use permit was appropriate. The Planning and Zoning Commission did decide the accessory use of that home, as a bookkeeping service was appropriate. Then, we get to the enforcement issue. I have not heard a status update, but I haven't heard anyone telling me the last month that they have been in violation. If the case is that they have not been in violation, then, normally, we would not start to revoke. The only time I'm aware that the city has revoked a permit was after many years and many legal wranglings with Meridian Automotive. If they are in compliance, if they are acting in compliance now, I'm not sure that we would act to revoke the accessory use permit. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Well, if I understood correctly from the testimony in the report, the person who acquired the accessory use permit was Ms. Devaney? Powell: No. Ms. Rice. Nary: Okay. I don't know if Ms. Rice still -- if Ms. Rice resides there. Mrs. Devaney, obviously, does not. I guess I don't know -- if no one is residing there, they don't have a valid permit and I think that's what the neighbors' concern was, was that there is this Meridian City Council April 27, 2004 Page 45 of 60 very sketchy enforcement and I recognize that that's sometimes just a staffing and time issue, but I guess -- just as one person here, I guess I think we need to evaluate that on whether or not they have a currently valid permit and it is being used appropriately and whether -- if it's not, then, there needs to be some mechanism to cancel it or revoke it or whatever is necessary. If there isn't, that's fine, too. I guess I just wanted someone to do that. Powell: I will check with Mr. Venneman and see if the issue has continued to -- if there is continuing violations. If there is, we will move to revoke the accessory use permit. I guess I would ask Council and the Mayor -- I know that normally if people want to withdraw their application, they are certainly entitled to do that. I didn't understand Mrs. DeVaneys reasons tonight. I think you all resolved the -- the buffer issue and the fence location I thought had been resolved with the previous application. I didn't -- if she's looking at redesigning the site, that would be one reason to withdraw it and resubmit, but I'm not sure that that's what I heard tonight and given all the extenuating circumstances and enforcement issues associated with this property, I'm not sure that it's best to have them resubmit. De Weerd: Mr. Wardle. Wardle: Madam Mayor. I guess in my opinion I heard the chief say there were some ongoing things and some reports and wanted us to be aware of that and to also make note for the record that those activities -- that the property had to adhere to the regulations that were stipulated and so in my mind I think that issue was resolved -- or is resolved in my mind and in the sense that I'm not sure, necessarily, it's the city's place to say -- I mean if they want to withdraw their applicant, they can certainly do that, and they can resubmit. I mean whether or not that's a good idea is another thing, I guess in my mind, Anna. They have the ability to withdraw that application and for whatever reason it's the applicant's choice. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Maybe Mr. Nichols could enlighten us, but I'm looking here at our city code and we don't have provision in our city code that requires us to approve a withdrawal and in other cities it does, but since it is their option to withdraw it, 1 don't know that -- I don't know that there is any action we can take, but maybe Mr. Nichols has a different perspective, but I'm just not finding a code section that gives us -- grants us authority to approve their request to withdraw it. If they want to withdraw it, I guess they can and we'll just move on. De Weerd: Mr. Nichols, I guess that was a question. Meridian City Council April 27, 2004 Page 46 of 60 Nichols; Madam Mayor, Members of the Council, if I Can rephrase the question and make sure I understand it. Is the question whether the Council has the authority to deny a withdrawal and proceed to hear the application? Nary: Not exactly. I guess my question is there does not appear to be an ordinance that requires us to approve their request to withdraw it. Therefore, is there any need for any action for us to take at all? Once they have made that declaration to withdraw it, is it withdrawn and we should just move on? Nichols: Madam Mayor, Members of the Council, what we have done in the past is we have approved a formal order accepting a withdrawal of the application, just so that there is some finality in the application record that also reflects what happened and starts the running of the judicial review 28 days if somebody is somehow mistaken with regard to what the effect is. That's the way we have handled it in the past. That there is, in fact, an order that's signed that accepts the withdrawal. Nary: Excellent. That's exactly what I was looking for. De Weerd: Well, now that Councilman Nary is satisfied -- Nary: I guess there is not a necessity to have a Public Hearing, so I would move that we close the Public Hearing. Bird: I'd second it. De Weerd: Okay. It's been moved and seconded to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I'd move that we request counsel request for a withdrawal of CUP 04-005. Bird: Second. prepare an order granting the applicant's De Weerd. Okay. It's been moved and seconded to ask the -- well, for a withdrawal. Nary: For an order approving their request for withdrawal. De Weerd: Exactly. Rountree: Exactly. That's what he said. Meridian City Council April 27, 2004 Page 47 of 60 De Weerd: Do we need a roll call vote? Mr. Berg. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES. Item 16. Public Hearing: CPA 04-001 Request for Comprehensive Plan Amendment to add a Land Use Consistency Matrix to Meridian's Comprehensive Plan by The City of Meridian Planning and Zoning Department: De Weerd: Thank you. Item 16 is Public Hearing CPA 04-001. 1 will open the Public Hearing with staff comments. Powell: Madam Mayor, Members of the Council, we have been hinting at this for awhile. What staff has proposed is a consistency matrix for the Comprehensive Plan and Boise City has a similar item in their Comprehensive Plan that is a really useful tool for developers, just as far as understanding what the city is looking for with those areas of Comprehensive Plan designations. What we have done is for each land use designation on the Comprehensive Plan we have noted the appropriate zoning categories that a developer can ask for and it's very clear that these are just ones they can ask for that they are not entitled to them necessarily, but they can ask for them. If you'd like to -- I don't know if you want me to go through them in detail or if you have had an opportunity to look at this. I guess I'll skim over it kind of briefly. Wastewater treatment plant, basically, the commercial designations, as well as the I -L and the T -E, which is the technology zone, for those that haven't seen the T -E before. The low density residential extends from R-2 to R-4. The low density is up to three units per acre, so the R-4 designation -- a lot of what we see given the standards of the R-4 does come in — at three units to the acre or less, so that's why the R-4 is in there. Medium density residential, the R-4 and the R-8, high density R-15 and R-40. The mixed use neighborhood we have put some of the higher residential designations, as well as the lessor commercial designations. Mixed-use community kind of stepping everything up a notch. A little denser residential and a little more intensive commercial as well, and, then, mixed use regional. The higher density, as well as the -- pretty much the full gamut of the commercial zones, except for the C -N. And also include the industrial in the light office zones there. Office. We did put in the commercial neighborhood in there. Those are the least intensive of the retail uses, so the office designation has the C -N, as well as the L -O. And, then, public, quasi -public, there is quite a bit of discussion on that in your staff report. Those designations on the Comprehensive Plan acknowledge schools, churches, and other kind of quasi -public uses, so it really depended on the surrounding uses. This issue came up on a church that was moving further out of town to a bigger place and it was -- they were looking to reuse it as a medical facility, which -- and to further develop the parking lot associated with that former church. It really has you look more at the surrounding uses on that one. Industrial, we went with the C -G, I -L, and T -E zones. The C -G does allow for quite a Meridian Clty Council April 27, 2004 Page 48 of 60 few industrial uses, so we saw that as still appropriate. Then, Old Town, just the Old Town designation for that. There are also a number of notes, the largest one being -- or the most pertinent being regarding the L -O zoning. We did -- there is a note in there saying that if you have an existing residence that fronts on a section line or an arterial road and it's less than three acres in size, that is shown as residential on the Comp Plan, that the reuse of that property as an office may be appropriate and you can request that. That summarizes what the matrix says. Ms. Kirkpatrick did take it to the Building Contractor's Association and presented it to them. They were all very encouraged by it and they were looking forward to having that on the books. De Weerd: Anna, did you run this by your -- the Process Improvement Group? Powell: No. However, the BCA, there is -- there are members of the Process Improvement Group that are also on -- that attend the BCA hearings. They were there, they did see it. This process started before we got the Process Improvement Group going. I did not take it to them specifically. This whole chart would need to be changed with the -- the extent of the improvements we are talking about now with the new zoning ordinance, this would need to be revamped to accommodate the new ordinance. De Weerd: I guess my question and why I asked it is I know during our -- the citizen process of the transition team there was a lot of questions on the mixed use and the mix of -- there was a lot of question and confusion on mixing housing in with your industrial and commercial and that sort of thing and, you know, the BCA are mainly home builders and residential. Have you gotten input from more the business side of things? Powell: We have not received comments from anyone. De Weerd: Have we pursued them or sought them out? Powell: No. Probably not to a great extent, other than the standard hearing notices. We have not taken it to the Chamber -- I think we have been talking about it to various people as they come in the door, but no formal solicitation from a business group. De Weerd: Okay. Powell: And I mean some of those BCA -- the larger developers are doing commercial properties well. Dave -- De Weerd; Turnbull. Powell: — Turnbull. Thank you. I have a hard time remembering his name. I always want to call him Dave Brighton, but that doesn't work that way. He was at the BCA hearing, so he did comment on it and he did see it. He had a couple questions related to the upcoming kind of tying it into the new one, but was generally in favor of it. Meridian City Council April 27, 2004 Page 49 of 60 De Weerd: And what is that timing and how does it coincide with what you're doing with the new zoning ordinance? Powell: Well, when the purpose statements change for those zones -- and some of those may not be appropriate anymore, specifically the industrial. If we change the purpose statement and the nature of the C -G zone, which is kind of a crossover zone right now the way that the uses are set up and the purpose statement, then, it may not be appropriate for like industrial to be C -G. It is at this time, however. The other one -- obvious one, if we decide to eliminate the T -E zoning category and Rezone the two properties that we have currently, then, that would come off the list. The Old Town designation, if we add some more neo -traditional ones, then, it may be appropriate to add some of those. I'm just -- some of it's just -- I think right now we are talking about kind of an overhaul of the purpose statements for the commercial zones. That would have the most bearing on this one and how they relate to the mixed-use neighborhood and the mixed-use community and mixed use regional. De Weerd: Okay. Any further questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna is this nothing more than a graphic representation of the verbiage in the Comp Plan and we haven't created inconsistency in the language in the Comp Plan with this? Powell: Correct. It does, however, interpret our current zoning ordinance into the matter as well and those were the items I was talking about, the purpose statements, but this does just take that language from the Comp Plan and tries to translate it into appropriate zoning categories that they can at least ask for. Now, is it always going to be appropriate for a residential use to go next to an -- or is it going to be appropriate for it to go next to industrial, even if it's called mixed use? No. I mean that decision still needs to be made and it's clear that that decision still needs to be made. De Weerd: So, this is just giving clarity to the Comprehensive Plan until we have a new zone ordinance that will add further clarity? Powell: Yes. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council April 27, 2004 Page 50 of 60 Nary: I'm going to ask maybe a dumb question, but -- and, then, a comment after that. When I look at this table, the vertical doesn't make any difference right? It's just -- I just need to look at what the land use is and, then, look at what the potential uses for that land use are going across left to right. Up and down doesn't make any difference; right? Powell: Correct Nary: Okay. If I own -- if I own property -- if I look on the land use map and I own property that's in the wastewater treatment plant zone, then; I know the shorthand answer is that the available uses are the ones that are blocked out and the other ones either are excluded entirely or some of those may be by Conditional Use is that what the -- Powell: Those zones -- Nary: I know wastewater is maybe not a good example, but the ones that are not colored in, some of those could be used by Conditional Use or are they all excluded completely from that type of zone? Powell: Staff would not be able to make the statement that it was consistent with the Comprehensive Plan. If they came in for an R-40 zoning in low density residential. Now, that statement doesn't change whether or not this Comprehensive -- whether or not this matrix is there, but it's just -- it would be inconsistent with Comp Plan. Nary: And the purpose of the table isn't to tell them -- a person they might need to Rezone it or they might need a Conditional Use or they might need to do something else, it's just a shorthand -- I think as Councilman Rountree said, it's just a shorthand visual representation of the verbiage that's already there. Powell: Correct. Nary: Okay. One part, I guess, that I'm a little curious is that most of those would make sense to me and maybe the reason that Mr. Ewing and Mr. Schmeckpeper are here today, if I own an Old Town piece of property, then, if I look at that and it tells me that my only zoning is Old Town, so it doesn't tell me anything, it doesn't tell me that, really, it's -- almost all of those uses are available to you. That's what I guess is -- for that particular one doesn't it seem to be missing the point? It doesn't give you anymore information than you already started with. Powell: On that particular one -- Nary: Just on that particular one. Powell: -- it is limited, but I'm not sure that that other zoning -- we have never talked about other zoning being appropriate there, other than Old Town. I mean there was a Meridian City Council April 27, 2004 Page 51 of 60 movement at one point to Rezone all the Old Town Comp Plan designations as Old Town. Nary: Right. What I'm wondering is would it be helpful at least on the purpose of information, then, is that there be some note -- I can't read them very well here and -- but I did see them on here, but I didn't see anything in those one through five footnotes that related to Old Town. Maybe that would be more helpful in the table to indicate Old Town zoning is very specific, it is predominately Conditional Use or whatever, so that, again, if it's information that we are trying to give folks and this is just a shorthand representation of what the text says, would that be helpful at least to include that in the footnote, so that if someone did look at this, it would give them more information than they started with. Or is that more than what you were thinking? Powell: You're using the term uses in relationship to the zoning categories, so I'm a little concerned that we are muddying some issues there. The uses are defined in the zoning ordinance. This is just directing them toward an appropriate zoning classification. I think that the text in the Old Town section of the Comprehensive Plan does talk about appropriate mix of uses. All this is doing is guiding them to an appropriate zoning classification. Now, there is still one question that you have brought up that's a very valid one and that is would R-4, R-8, R-15, R-40 be appropriate zoning classifications in Old Town and if you would like that change made or C -N, maybe C -C - - I mean right now you have a mix of zones in the Old Town designation. Some of them are C -C, some of them R-4, some R-15, some L -O -- there is currently a mishmash of zones in that Old Town designation. We didn't acknowledge that people should be doing more of that we thought that we were directing them to Old Town. Certainly that could use clarification from Council if you want to give that. Is everyone confused if they look -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'm not confused, but the difficulty comes in that Old Town only does Old Town in the matrix, yet Old Town can be any one of the land uses in terms of the mix that it allows. It doesn't designate that could occur. Powell: So, if someone -- if someone came in for -- yes, you have got me thinking and I am a little concerned. If someone came in and they are currently zoned C -C, but they are in the Old Town designation, does this matrix force us to say that they are not in compliance, they are not -- they are not consistent with the Comprehensive Plan, because they are not zoned OT. That is a good question. I think staff has always anticipated that once we get the standards and the guidelines done for the Old Town, that we would Rezone those properties to Old Town. Since the Hudson Group has defined downtown as a much narrower area than Old Town, I have started to wonder if the Old Town designation on the Comp Plan might not be the one that needs to be Meridian City Council April 27. 2004 Page 52 of 60 changed, actually, that we need some other -- either some transitional zone there or to have a different idea or a better idea about what's going on there, but -- Rountree: I agree with your wondering. Powell: And so we could open that up, certainly, on those to at least reflect the existing zoning if -- that's in Old Town, if you'd like us to do that. Then it provides no guidance whatsoever, I'm afraid, but at least -- at least it doesn't make someone not consistent with the Comprehensive Plan. Rountree: But they are all subject to CUP. Powell: If they go -- if they have the Old Town zoning currently. Not if, they have the Old Town designation. Rountree: Right. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yes. I mean not like us to over -analyze these things, but, you know, it seems -- I guess what I was thinking is that -- what I was thinking the table was supposed to help me with is that if I had property in those zones, I could look at this table and get some idea of what I could do and what sections of the code I would look at to tell me what's an R-4 and what's an R-2 and what's an R-40 and what's a C -N and all those things and it just seems like when you get to the Old Town and that area it says, well, you got to go look in the Old Town section of the code and, then, that section of the code says, well, look everywhere else, because it really applies -- almost all of the other sections just -- may apply to where you're at and they are all CU's required and they are all dependent on what's next to you and where you're at and all that. I mean I guess -- like I said, it just doesn't give you more information than you started with, so it doesn't help to have it there without at least a footnote to explain that, that it's going to direct you to the Old Town zone and the Old Town zone actually can encompass, you know, all or most of the zones above it, so that, again, if it's just — it's just a shorthand -- it's just a quick look to look at this table and get some idea -- I guess I think whether it's a footnote or something else would give people a little more information as to what's available to them, because, otherwise, they are just going to go to the section of the code that's going to just direct them everywhere else anyway. Powell: But there is a specific Old Town zoning. Nary: Right. Powell: Okay. It directs you everywhere else, except in the sense that if you want to get a sign that it directs you somewhere else. Meridian City Council April 27, 2004 Page 53 of 60 Nary: Right. Once you get to the Old Town zoning, a variety of the different types of uses can be done that are incorporated in R-2 and R-4 and R-8 and R-40 and all of those things. Powell: Right. Nary: And what I'm saying is it just doesn't give me more information. Again, maybe it's just more analysis than anybody else would have looking at this table. Powell: Can I -- I don't mind -- you know, if the Council wants us to change it, that's fine. I think for now this is the safest way to go the way it is up there. I think we do need to revisit the Old Town -- Comp Plan designation Old Town zoning designation and maybe give them separate names. We ran into -- it gets equally confusing, because our -- no, I'm not even going to go there. Never mind. I mean I think that some different terminology between the Comp Plan and the zoning designation -- either they need to be consistent or they need to be different, but -- because it does get confusing, but -- De Weerd: Perhaps in the public testimony we can hear maybe new suggestions. Powell: I think the public is just laughing at us from the gallery at this point. De Weerd: That's all right. We will stump them with our questions, too. It is a Public Hearing. Is there anyone who would like to offer testimony? B. Schmeckpeper: Brandon Schmeckpeper. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? B. Schmeckpeper: Yes. De Weerd: Please state your name and address. B. Schmeckpeper: Oh. Sorry. Brandon Schmeckpeper. 8810 Churchhill Road, Boise. De Weerd: Thank you. B. Schmeckpeper: I just want to try to understand it, too. These are zoning across the top and these are land uses down the left side? And I can follow that down until I know what low density is, medium density, all the way down, those are actual uses of the property. I don't know how you build an Old Town. How is that a use? That confuses me as far as this chart. My suggestion would be is get rid of that bottom line. The other things above it are uses. The zoning comes across the top. If you own any one of the property in any one of those zonings, then, you can look down that list and say, okay, I Meridian City Council April 27, 2004 Page 54 of 60 have the opportunity to do these things, which are blacked out. Now, if I own property that's zoned Old Town -- and it just so happens that I do now -- I don't see anything that I can do. Rountree: You can do Old Town. Bird: You can do Old Town. B. Schmeckpeper: My understanding of the Comprehensive Plan is that, basically, everything, except industrial, should be shadowed out in the Old Town zoning. That's -- no, that's a question. De Weerd: I guess, Brandon, the answer was that, then, you refer to the chapter that explains it and you ask Council or you ask the staff. No, that's our same question. Apparently, we are on that same page. B. Schmeckpeper: Well, I agree with everything that was said all the way around the table. The only thing is -- that I had as a comment is as far as this chart, I don't like it, only because of the last column, because it doesn't tell me anything and as far as I'm concerned, Old Town is not a use. The other things above it are clearly uses of that property. De Weerd: Well, this chart reflects the categories in our Comprehensive Plan and that's why the chart exists like it does. You're correct, it doesn't tell you anything in Old Town and that is -- that's the item we are all hung up on as well. B. Schmeckpeper: Oh, I know. It's not an easy thing and I -- that's all I got to say. De Weerd: Thank you. Thank you for adding to it. We are building consensus, Anna. Is there anyone else who would like to provide testimony? Clark: Are questions the same as testimony? De Weerd: Yes. Were you part of the swearing in? Clark: No. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Clark: Yes. De Weerd: Thank you. Please state your name and address. Meridian City Council April 27, 2004 Page 55 of 60 Clark: My name is Gordon Clark. I live on 1919 Southeast 3rd Way. I came tonight, because in lieu of something you guys are going to hear about on the 29th, Wendy Kirkpatrick -- De Weerd: Just -- I would like to warn you, we can't hear about any application that is current, so if — Clark: Okay. De Weerd: So, you can keep your questions -- Clark: In investigating something else, Wendy Kirkpatrick told me about this usage and the impression that she gave me was rather confusing, almost to the point of -- if somebody had a low density land use, that they not have to ask for a Public Hearing to get a light office use; is that true? Powell: Madam Mayor? De Weerd: Yes. Powell: Would you like me to answer that? De Weerd: Yes. Powell: As I mentioned before, there is a note that -- the most substantial note is with regard to the light office, that someone could request light office if the property was three acres or less in size and fronted on a collector or an arterial street. Clark: And that is without Public Hearing is that true? Powell: No, sir. It would still require a Rezone. Clark: Okay. Powell: It's just that we would be able to make the finding that it was consistent with the Comprehensive Plan. Clark: Okay. That really relieves a lot of my concern. I do have some comments on this. I believe that there should be one residential area that would not include light office. In the thing here it says all pieces of property located on arterials -- and I believe that's the one mile section boundaries; is that true? Would, then, be allowed to have light offices regardless -- or at least they could ask for them. It just seems like too sweeping of a change, in my mind. I also think that the public quasi use is just way too broad in its -- you know, in everything that it encompasses. I don't understand how industrial would be part of R-2. It just seems too broad. I think there is also an error in the second -- in the paragraph under Comprehensive Plan analysis is it's saying the Meridian City Council April 27, 2004 Page 56 of 60 Commission and Council should base any decision upon worthiness and suitability of the application in lieu of the city's needs. I would think that that would be in light of the city's needs. I think that's all I have to say. De Weerd: Okay. Council, any questions? Thank you. Is there anyone else who would like to provide testimony? Are you Michael? Okay. Mr. Ewing? Powell: Madam Mayor, I forgot to review the staff summary with you and those changes do reflect some of the comments that Wendy got from taking it to the BCA, the first being that note six -- from the Planning and Zoning application there should be an additional note six on the chart that states that Rezone applications are required for all zone changes, further clarifying the issue stated just a moment ago. The second -- the outstanding issue was the one that David Turnbull brought up and he has recommended that the matrix be modified to show TE zoning as being compatible with the office Comprehensive Plan designation. Staff would support that change to the matrix. Given the current purpose statement of the TE zone, it would be considered consistent. We are seriously considering -- or the Process Improvement Group is -- has decided just to remove the TE designation and Rezone those, but light office would be probably what they were zoned to, so that would be consistent with that move in the future should it happen. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I think it's a great idea to have this sort of shorthand table for people to use. I guess the fear I have was something Councilmember Rountree brought up originally, which is that consistency. You know, we have six months that we can't change the map. I recognize we can change the text at anytime. Now, we have a table so that if we change the text, we also have to go back to make sure the table is accurate, so that the text and the table aren't inconsistent with one another and in the big picture of things to do, is it still -- do you still feel it's valuable to have this tool and this matrix available for folks, knowing that every time we change text or someone comes along and says -- because I looked at the -- while we were sitting here I was looking at the different designated zones and they are all sort of fairly broad as to what that means and I think that was your intent, is it's just to make you look at this section of the code that applies to your property, but every time we change it, we have got to change the table or every time someone is added and -- because there are a number of uses here that are sort of lumped together in the sense that they are not all listed across, that table of uses -- or that R-2, those designations of uses aren't all from the -- I mean they are -- excuse me. All the ones in the code aren't in the table. Every time someone wants to add one to the table, we are going to have to change that. Powell: The list does include all current zone classifications. We do have a couple zones that have no property attached to them, that we did not include those, but that list does include all -- all currently in use zoning designations in the City of Meridian. That Meridian City Coundl April 27, 2004 Page 57 of 60 wasn't your first question, Madam Mayor, Members of the Council. Is it a useful tool? You know, I moved forward to adopt it as part of the Comp Plan just because that's what Boise city had done, but there is no reason we need to adopt it as part of the Comprehensive Plan. It could still be a very useful tool that was not adopted as part of the Comp Plan and we can just hand it out and if you don't object to that, then, it serves its same purpose and it's still a very useful tool, I think, and, then, it just relieves some of those issues that have come up tonight. Nary: I like that. Bird: I like it. Rountree: Madam Mayor? Powell: I would move to withdraw the application. De Weerd: Mr. Rountree. Rountree: The only suggestion I would have with that is make sure it has a date and make sure it qualifies what it is, that it is not the Comprehensive Plan, but it's a fair representation or a guide. De Weerd: Okay. Is there anyone else who would like to provide testimony on this application? We have a Public Hearing. Do I have any motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we close the Public Hearing. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 16. All those in favor say ayes. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Staff has withdrawn this application. Do we need an order, Mr. Attorney? Yes, we do. Okay. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council April 27, 2004 Page 58 of 60 Wardle: I move that we instruct counsel to prepare a statement accepting withdrawal of CPA 04-001, Comprehensive Plan Amendment. Rountree: Second. De Weerd: Okay. It's been moved and seconded to withdraw Item CPA 04-001. Mr. Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES. Item 17. Ordinance No. Amended Ordinance: Traffic Safety Commission De Weerd: Thank you. Okay. Item 17 is Ordinance Number 04-1076, Traffic Safety Commission Amended Ordinance. Mr. Clerk, will you, please, read this ordinance by title only. Nichols: Madam Mayor, if I may interrupt. De Weerd: Yes. Nichols: Madam Mayor, the clerk suggested some revisions to the ordinance, which your office approved, some of those revisions and we just got that today and didn't have a chance to amend the ordinance. You could simply -- I would ask that you put it off for a week and I will bring one back that's got those changes in it, rather than to adopt it and interdelineate those changes. De Weerd: We could either do that -- the changes are very minor and most of them are just format, but we can -- Nichols: However you wish to do it, Madam Mayor. De Weerd: It's the will of the Council. What do you want to do? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we continue -- or table Ordinance Traffic Safety Commission Amended Ordinance until May 4, 2004, so that we can get an amended one that we can read with all the changes. Rountree: Second. Meridian City Council April 27, 2004 Page 59 of 60 De Weerd: Okay. It's been moved and seconded to table Item 16 to May 4"'. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 18. Executive Session per Idaho State Code 67-2345(1)(c): De Weerd: Item 18 is an Executive Session per Idaho State Code 67-2345(1)(c). Do I have a motion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I'd move we go into Executive Session pursuant to Idaho Code 67-2345(1)(c). Rountree: Second. De Weerd: Okay. It's been moved and seconded to adjourn into Executive Session. Mr. Clerk. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Nary: Madame Mayor, I move we leave Executive Session. Wardle: Second. De Weerd: Okay, it's been moved and seconded to move out of Executive Session. All those in favor say aye. Let the record note that no decisions were made. MOTION CARRIED: ALL AYES De Weerd: Dare I entertain a motion to adjourn? Nary: So moved. Rountree: Second. De Weerd: All those in favor, say aye. 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