HomeMy WebLinkAbout2004 09-141.
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CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, September 14, 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
Pledge of Allegiance: Troop 351
Community Invocation by Pastor Gordon Slyter, with Treasure Valley
Worship Center: Presented
Adoption of the Agenda: Approve as Amended
Consent Agenda:
A. Approve Minutes of August 10, 2004 Pre -Council Meeting:
Approve
B. Approve Minutes of August 17, 2004 Pre -Council Meeting:
Approve
C. Approve Minutes of August 24, 2004 City Council Regular
Meeting: Approve
D.
Table to
E. Well 26 Test Well Drilling Oversight — Hydrolic:
F. System Development Fee Review Contract: Omit
G. Resolution No. 04-444: Policy Prohibiting Use of Excessive
Force Against Non -Violent Civil Rights Demonstrators:
Approve as Amended
H. Resolution No.
Meridian City Council Agenda— September 14, 2004 Page 1 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hors prior to the public meeting
Pertaining to At -Will Employment, and Adverse Employment
Action Appeals, and Adding New Policy 6.14 Pertaining to
Clothing for the City of Meridian:
I. Approve Contract for Stenographic Services — MD Willis, Inc.:
Approve
J. Resolution No. 04-443 : Increase in Rates and Set Solid
Waste Collection Rates within the City of Meridian: Approve
6. Department Reports:
A. Mayor's Office:
1. Firemen Presentations:
7. (Items Moved from Consent Agenda) Item G
8. FP 04-055 Request for Final Plat approval for 34 building lots and 9
common lots on 11.31 acres in R-8 and L-0 zones for Razzberry
Crossing Subdivision by Carl and Bonnie Reiterman — south of East
McMillan Road and west of North Locust Grove Road: Table to
September 21, 2004
9. FP 04-056 Request for Final Plat approval for six commercial building
lots and one common lot on 2.82 acres in a C -G zone for Initial Point
Subdivision by Robnett Construction — east of North Meridian Road and
south of East Fairview Avenue: Approve
10. Public Hearing: RZ 04-008 Request for a Rezone of .23 acre from R-8 to
proposed O -T zone for Larry Knopp by Larry Knopp-713 North Meridian
Road: Attorney to Prepare findings of Fact and Conclusions of Law
for Approval
11. Public Hearing: CUP 04-019 Request for a Conditional Use Permit for a
retail and professional office use in an existing building in the proposed 0-
T zone for Larry Knopp by Lary Knopp — 713 North Meridian Road:
Attorney to Prepare Findings of Fact and Conclusions of Law for
Approval:
12. Public Hearing: CUP 04-020 Request for a Conditional Use Permit for a
pharmacy in an L-0 zone for Medicap Pharmacy by Larry Knopp — east
of North Ten Mile Road on north side of West Cherry Lane: Attorney to
Prepare Findings of Fact and Conclusions of Law for Approval
Meridian City Council Agenda — September 14, 2004 Page 2 of 3
All materials presented a public meetings shall beoorne property ofthe City of Meridian.
Anyone desiring acconanodation for disabilities related to dowments and/or hearing
please contact the City Clerk's Office at 88&4433 at heat 48 haus prior to the public meeting.
13. Public Hearing: VAC 04-005 Request for a Vacation of side yard utility
and irrigation easements on Lots 43-45, and Lots 88-91, Block 23,
Ashford Greens Subdivision No. 2 by Brighton Corporation — east of
North Black Cat Road and south of West Ustick Road: Attorney to
Prepare Findings of Fact and Conclusions of Law for Approval
14. Public Hearing: RZ 04-010 Request for a Rezone of .68 acre from R-4 to
an Q -T zone for Mittleider Rezone by Leon Smith — 125 West Cherry
Lane and 1645 West 1 Street: Attorney to Prepare Findings of Fact
and Conclusions of Law for Approval
15. Executive Session 67-2345 (1) (e): No Decision
Meridien City Council Agenda— September 14, 2004 Page 3 of 3
All materials presented at public meetings shall become properly of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council Meeting September 14, 2004.
The regular meeting of the Meridian City Council was called to order at 7:05 P.M.,
Tuesday, September 14, 2004, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Bill Nary, Charlie Rountree,
and Shaun Wardle.
Others Present: Bill Nichols, Will Berg, Ann Canning, Brad Watson, Bill Musser, Kenny
Bowers, and Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X Shaun Wardle
X Charlie Rountree
X
X Bill Nary
X Keith Bird
Mayor Tammy de Weerd
De Weerd: Okay. Welcome tonight. I will go ahead and call the meeting to order. It's
Tuesday, September 14th. It's five after 7:00. We will start the meeting with roll call
attendance.
Item 2: Pledge of Allegiance:
De Weerd: Thank you. Item 2 is the pledge of allegiance and we are going to be lead
in the pledge by Troop 351, Jason Harris and A.J. Howard. If you will, please, rise.
(Pledge of allegiance recited.)
Item 3: Community Invocation by Pastor Gordon Slyter, with Treasure Valley
Worship Center:
De Weerd: Item 3 is our community invocation by Pastor Gordon Slyter with Treasure
Valley Worship. Please take this as a moment of silence or join us in the community
invocation.
Slyter: Father in Heaven, we thank you for the peace and prosperity we enjoy in our
city. Thank you, too, for the sense of community and brotherly kindness that prevails
among our citizens. We ask that tonight you would give wisdom to this Council as it
hears testimony and deliberates. May the decisions rendered here promote
righteousness and equity in our city. Should disagreements arise among our
representatives or citizens, help us to remember our common values and goals, the
welfare of the people of Meridian. Oh, Lord we, thank you and ask for your continued
guidance, protection, and providential care over our city. May your grace and favor rest
upon us. We pray these things through Christ our Lord, Amen.
Meridian City Council
September 14, 2004
Page 2 of 39
Item 4: Adoption of the Agenda:
De Weerd: Thank you, Pastor Slyter. If I could, I'd like to present you one of our City of
Meridian pins. Thank you. I guess the last time I saw you was at the veterans
ceremony at the dedication. Thank you again for joining us. Item 4 is adoption of the
agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We would like to add a couple under 6-A, the Mayor's office would like to do a
report and we'd also like to add Item 15, an executive session as per Idaho State Code
67-2345(1)(e). And with that I move that we adopt the revised agenda.
Rountree: Second.
De Weerd: It's been moved and seconded to adopt the agenda as revised. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of August 10, 2004 Pre -Council Meeting:
B. Approve Minutes of August 17, 2004 Pre -Council Meeting:
C. Approve Minutes of August 24, 2004 City Council Regular
Meeting:
D. Land Lease Aareement with Ken Hamilton Presentations:
E. Well 26 Test Well Drilling Oversight — Hydrolic:
F. System Development Fee Review Contract:
H. Resolution No. Amendment to
Sections 1.2 and 8.2.1 of the Standard Operating Policy and
Procedure Manual Pertaining to At -Will Employment, and
Adverse Employment Action Appeals, and Adding New Policy
6.14 Pertaining to Clothing for the City of Meridian:
I. Approve Contract for Stenographic Services — MD Willis, Inc.:
Meridian City Council
September 14, 2004
Page 3 of 39
Resolution No. : Increase in Rates and
Set Solid Waste Collection Rates within the City of Meridian:
De Weerd: Item 5 is the Consent Agenda. Mr. Clerk, do we have resolution numbers?
Bird: I have got them.
Nary: Madam Mayor?
De Weerd: Do you? Okay. Mr. Nary.
Nary: Before we add resolution numbers on Item 5-G, I'd like to move that to Item 7-G
for discussion and I know Mr. Berg doesn't like to get out of order on the numbers, so
maybe we could wait on that until we have discussed that and whether to add a number
to that tonight.
De Weerd: So, we could go ahead and put numbers to H and J. Okay. Mr. Bird.
Bird: Madam Mayor, Item E -- or F under the Consent Agenda needs to be completely -
- this is something that we had a foul up from one of the departments and we -- this is
something we passed a couple of months ago, so there is no -- we need to completely
do that. As Mr. Nary said, we need to move G to Item 7-G. That makes A resolution
number would be 04-442 and J resolution would be 04-443. And with that I would move
that we accept the Consent Agenda as noted and for the Mayor to sign and the Clerk to
attest on all proper papers.
Rountree: Second.
De Weerd: It's been moved and seconded to approve the Consent Agenda as
amended. Is there any further discussion?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: On Item 5-D I guess there is some discussion we need to have on that. I
wondered if we should pull that maybe for a later Council, not for tonight, but for either a
week or two from now, for discussion, if the Council is in agreement to do that.
Bird: Which one is that?
Nary: The land lease agreement with Ken Hamilton Presentations.
Bird: Oh. Okay.
De Weerd: If we can set that over in two weeks.
Meridian City Council
September 14, 2004
Page 4 of 39
Bird: Sure. I don't know why not.
De Weerd: To October 5th.
Rountree: Does the maker of the motion agree?
Bird: The motion -- I would agree to that.
Rountree: Second agrees.
De Weerd: Okay. Thank you. I appreciate that. Mr. Clerk, will you, please, call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Mayor's Presentation of Certificate.
De Weerd: Okay. Item 6 under department reports, we do have three firefighters here
with us tonight that we would like to recognize. We had a notable accident in July that
we recognized one of the other crews that responded to that call and, as we stated
then, we realize that our firefighters see a great deal in responding to many of these
calls and they do see it in light of their line of work, that this is why they do it and this is
their jobs, but every once in awhile we do like to take an opportunity and let them know
that we appreciate their service and going above and beyond their service that evening
saved lives and was extraordinary. So, I would like to recognize the crew -- the other
crew that was on site and present them with some certificates. If Captain Lance Smith,
Fireman Ken Wilhorn, and Fireman Justin Porter -Winkler would step forward? These
certificates read for certificates of service or -- during a rescue effort after a car accident
on July 25th, 2004, lives were saved as a result of his training and quick response
during a time of crisis. I would like to thank all three of you for extraordinary
performance and let you know how much we appreciate what you do. Council, I do
want to let know that we have an opening on our Meridian Development Corporation,
we also have an opening on our parks commission, and we still have one seat open on
our traffic safety commission. We are looking for a resident south of the freeway. If any
of you would like to get involved with the city, certainly we'd love to see letters of
interest, so we can fill these commissions. So, that is my report.
Item 7: (Items Moved from Consent Agenda)
G. Resolution No. : Policy Prohibiting Use
of Excessive Force Against Non -Violent Civil Rights
Demonstrators:
Meridian City Council
September 14, 2004
Page 5 of 39
De Weerd: Item 7 we did remove an item from the Consent Agenda, Item G. And Mr.
Nary.
Nary: Madam Mayor, Members of the Council, I was reading this resolution policy
prohibiting use of excessive force and I was noting in the material that was prepared
along with it that this is, essentially, a compliance resolution regarding some federal
funds, some matching funds that we received, and a requirement that we have some
sort of policy regarding the use of excessive force and they sent a model policy along
and this resolution that's in front of us basically follows that model resolution that was
sent. In discussing this matter with the police chief, I think the chief might have some
comments as well, but we already have policies that deal with that and I guess I'm not
clear in the information that was presented on whether or not it's required that we pass
this exact resolution or we simply have, you know, adequate information to show we
have a policy such as this in dealing with excessive force and if we are going to pass
this resolution, I think I would recommend that we amend some of the wording, because
the wording indicates that we somehow have to amend our policy to reflect this type of
practice and I think we already have this practice as it is. But I don't know, Madam
Mayor, if it would be all right if the chief has some comments to enlighten us as well.
De Weerd: Yes. Thank you, Mr. Nary. Chief?
Musser: Madam Mayor, Councilman Nary, Members of the Council, I also reviewed the
proposed language, had some questions if this wasn't identifying a specific class of
persons, so to speak, in terms of where we were headed with the federal funding that
had been requested. I do know that currently our policies do cover that. We do
stipulate within our use of force that it's not to be excessive, it clearly falls within classes
for use of force, depending upon the circumstance and the type of aggression that a
police officer may encounter at the time of contact with people. Further, Idaho state law
also prohibits use of excessive force period. With that in mind, I was wondering if, in
terms of discussing this with Councilman Nary, if we already meet the confines of the
policy or if they are looking for something specific in terms of where we need to go,
because I feel that our current policies do address this, we do have it in place, we do
train and do analysis on any types of use of force, just so we can remain compliant and
make sure that there are no problems or foreseeable risk issues that we may be running
into. So, that was my comment in terms of this is I do think we are compliant with it right
now, but I don't know if this is a specifically requested matter in terms of the funding that
we are looking at.
De Weerd: Thank you, chief. Mr. Nichols, do you have anything to offer?
Nichols: Yes, Madam Mayor.
De Weerd: Or add. I'm sorry.
Meridian City Council
September 14, 2004
Page 6 of 39
Nichols: Members of the Council, first let me just say that the grant funding agencies
tend to be typical bureaucracies where folks have checklists that things have to be
checked off and so in connection with this CDBG grant, one of the things that they are
going to be looking for is a copy of a resolution adopting a policy prohibiting the use of
excessive force against nonviolent civil rights demonstrators. So, the easiest way to do
that is to have a resolution that says we won't use excessive force against nonviolent
civil rights demonstrators. So, we prepared a resolution so that it can go back and the
person that checks before money comes out can say it's done. That was -- that was
primarily why I did it the way I did it, because I have had some experience in the past
with things where in connection with federal grants in another community that I
represented, one year we had to pass like four different resolutions pertaining to
excessive force, nondiscrimination, affirmative action, some other things, two years later
we got some more federal funds, we wrote and said we will take these ones we did two
years ago. They said, no, you got to do it again. Even though we, essentially, had said
they are still in force, they haven't been repealed, they are in good standing. And so to
facilitate a receipt of these monies, I prepared the resolution. The other thing was it was
a lot quicker to do it that way than to get the police manual, pull the portions out and
send it back to somebody and say is this good enough. That's really the reason I did it
this way. They asked for this in connection with this particular federal law that says you
can't get these funds unless you have a policy in place and if somebody reads the
police manual and says, well, it doesn't specifically refer to nonviolent civil rights
demonstrators and, therefore, it doesn't apply, I just didn't want to go there. So, that's
why I put this together that way I did.
De Weerd: Thank you, Mr. Nichols.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: And I assumed as much in reading just the material that was provided to us, that
this was simply a federal requirement that doesn't always have to make sense, because
that's pretty normal. I think -- I guess to me the only provision of it that's of any bother
to me is I know this was a model resolution that was provided to us, that the section two
says the City Council directs the police chief to implement this resolution by amending
applicable police department procedures. Basically directs the chief to do something
that's already been done. I guess for me personally I would simply delete section two.
Section one complies with the requirement of the federal law. I agree with Mr. Nichols
that it just makes -- I mean sometimes we do things that we just do, because we just got
to do it and I don't -- I don't have a big concern about that, but I don't see a point in
having this provision in there that somehow implies that we don't have such a procedure
or we don't have such a policy that already exists and section one says it is the policy of
this city that excessive force by local law enforcement agencies shall not be used
against individuals engaged in lawful and nonviolent civil rights demonstrations within
the city boundaries and that's what this provision of the law they sent us requires us to
Meridian City Council
September 14, 2004
Page 7 of 39
have. So, we could delete section two and I don't think it's necessary. And maybe
that's my one little way of saying we could do it this way and I don't think they will care.
De Weerd: Mr. Nichols, do you have any further comment?
Nichols: Madam Mayor, Members of the Council, if that's what you want to do, that's
what we will do. The only other -- another alternative that's kind of in the middle is to
add a phrase at the end of that section that says in the event that such existing policies
do need to be amended or something like that, that just essentially says if we haven't
already covered it, the chief will take care of it. Or you can take it out and we will see
what happens.
De Weerd: I guess we always like to do things our way, but when we have money tied
to it and the time frame is very tight on this, that adding a few more words seems to be
the least -- the route of least resistance. And we do need the money. So, I'm looking at
it with a little different perspective at this point.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I guess if we would, then, add the resolution number, it would be 444, then, I
would move that we approve resolution 04-444, the resolution of the City Council
adopting a policy prohibiting the use of excessive force, with the added amendment as
suggested by counsel for section two that indicates that if such policy doesn't exist, the
police chief will amend such to be in compliance and with all other wording left intact, I'd
move the approval of that resolution.
Wardle: Second.
De Weerd: It's been moved and seconded to approve Item G regarding ordinance -- or
resolution number 04-444. Is there any further discussion?
Rountree: I have none.
De Weerd: Mr. Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 8: FP 04-055 Request for Final Plat approval for 34 building lots and 9
common lots on 11.31 acres in R-8 and L -O zones for Razzberry
Crossing Subdivision by Carl and Bonnie Reiterman — south of East
McMillan Road and west of North Locust Grove Road:
Meridian City Council
September 14, 2004
Page 8 of 39
De Weerd: Thank you very much. Item 8 is FP 04-055. Anna.
Canning: With all that time I should be ready. I'm sorry. Madam Mayor, Members of
the Council, there is a letter requesting that this item be tabled for one week.
Bird: That's right. I forgot about that.
De Weerd: I'm sorry, that letter is in front of you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue -- or I guess table Item 8, FP 04-055 until September 21st,
2004.
Rountree: Second.
De Weerd: It's been moved and seconded to continue Item 8 until September 14th,
2004 --
Nary: That's today.
De Weerd: All those -- I'm sorry. The 21 st. Thank you, Mr. Nary. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 9: FP 04-056 Request for Final Plat approval for six commercial building
lots and one common lot on 2.82 acres in a C -G zone for Initial Point
Subdivision by Robnett Construction — east of North Meridian Road and
south of East Fairview Avenue:
De Weerd: Item 9 is FP 04-056.
Canning: Madam Mayor, Members of the Council, this is the final plat for Initial Point
Subdivision. This property is about 300 feet south of Fairview Avenue near the existing
Ultratouch car wash. The preliminary plat came through not too long ago. The final plat
is in substantial compliance with the preliminary plat. Ms. Sonya Allen did include one
additional condition of approval and that's regarding the eleven parking spaces that
need to be provided for Ultratouch. We already have a recorded instrument, but we just
need that referenced on the plat. The final plat is in substantial compliance. I also
wanted to just make a note for the applicant that item number 12 says remove the street
name North Lakes Place, we do have the approval letter for that, so that's all I had.
De Weerd: Okay. And is the applicant in agreement?
Meridian City Council
September 14, 2004
Page 9 of 39
Canning: They are nodding yes.
De Weerd: Okay. Council, you have got staff comments. The applicant is in
agreement with all staff comments. Is there any further information needed?
Rountree: I have none.
Bird: I have none.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve FP 04-056 final plat for Initial Point Subdivision with
the addition of the staff comment regarding eleven additional spaces for Ultratouch car
wash.
Rountree: Second.
De Weerd: It's been moved and seconded to approve Item 9. Is there any further
discussion? Mr. Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. We are in the Public Hearing section of our agenda and by
ordinance we are required to swear in the citizens and people who would like to provide
testimony on these applications. Any applications from ten to 14, if you will be
participating in the public commenting part, if you will, please, raise your right hand. Will
you testify to tell the truth, the whole truth, and nothing but the truth, so help you God?
If so answer I will.
(Affirmative answers.)
item 10: Public Hearing: RZ 04-008 Request for a Rezone of .23 acre from R-8 to
proposed O -T zone for Larry Knopp by Larry Knopp — 713 North Meridian
Road:
Item 11: Public Hearing: CUP 04-019 Request for a Conditional Use Permit for a
retail and professional office use in an existing building in the proposed 0-
T zone for Larry Knopp by Larry Knopp — 713 North Meridian Road:
De Weerd: Thank you so much. Okay. Item 10 and 11 are public hearings RZ 04-008
and CUP 04-019. We will open these public hearings with staff comments.
Meridian City Council
September 14, 2004
Page 10 of 39
Canning: Madam Mayor, Members of the Council, this is a rezone request and a
conditional use approval for 713 North Meridian Road, which is just across the street
from the new bank that's going in behind us -- there is my mouse. There we go. This is
City Hall right here. There is Farmers and Merchants half block there and we are right
across the street. The rezone request is from R-8 to OT, Old Town, which is consistent
with the Comprehensive Plan. The Conditional Use Permit request is to remodel the
existing home into an office space and, then, there is a garage facility located on the
south end of the property that would be expanded and, then, also remodeled into office
space. The two structures would be connected by a breezeway. This is Meridian Road
here to the east. And, then, access to the parking areas would be from the alley and,
then, they have the parking at the rear of the property. These are some of the
elevations of the remodeled structure. This would be looking from the alley. This is the
existing home. And, then, this is the remodeled garage. And, then, this would be
looking from Meridian Road and, again, the house and the remodeled garage with the
breezeway structure. There is just some of the existing site photos. It does have a little
bit of grade to it. And that's the front as you see it from Meridian Road. I did want to --
well, the Planning Commission has recommended approval of this -- both applications.
The applicant Larry Knopp and the owner's representative Lance Churchill testified in
favor of the application. No other testimony was given from the public. There were five
special considerations detailed in the staff report. The Commission's discussion
centered on those issues and, in particular, to one regarding setbacks that I will go over
in just a bit. The key Commission changes to the staff recommendation is they did
delete staffs proposed condition regarding the proposed setback for the remodeled
garage structure and staff still feels that that's an important issue for consideration
before the Council tonight. So, I will go into that briefly. As you know, the OT zone
does not have specific setbacks. It says to look to the use that's being proposed. A
light office use would be required to have a 30 -foot setback from the right of way. The
right of way begins about five feet from the edge of sidewalk here. So, the edge of right
of way is approximately right here. The applicant has proposed -- and, I'm sorry, that's
from the future right of way would be five feet from this structure here, from the ACHD
future right of way. So, the L -O zoning you normally have a 30 -foot setback. The C -G
zone you'd normally have a 15 -foot setback and that gives you kind of the range of
setbacks. As I mentioned, they are proposing five feet from the right of way. That
future right of way location from ACHD is based on a 70 -foot ultimate right of way. Staff
was concerned with the downtown transportation plan that's being done right now, that
one of those conclusions from that study may be to widen Meridian Road even further
and that we would be approving tonight a structure that would need to be basically
acquired by ACHD to enable that widening that may be proposed. Also, the 2005-2009
TIP as approved by Council, as recommended by the transportation task force, did list
as the number three requested project to ACRD, it was to rebuild Meridian Road from
Cherry Lane to Franklin Road to five lanes and preserve and support 90 foot right of
way. So, staff is still very concerned about that this structure is going to be approved
too close to the existing right of way. Mr. Siddoway did go out and he looked at the
setbacks for the neighboring structures on Meridian Road and he found that they were
primarily about 23 to -- just a moment. Sorry. They were approximately 23 feet from
Meridian City Council
September 14, 2004
Page 11 of 39
the existing right of way or 18 feet from the right of way that's being requested by ACHD
at this time. So, there is that five-foot difference. So, staff had had a condition of
approval asking that the new addition be built in alignment with the existing structure
and thereby preserving that planning for the future and preserving that right of way if it
was needed. There was a -- kind of an out clause that said if they were waiting -- if they
could wait until the downtown transportation plan was done before they pull the building
permit for that structure, then, we could base it on what -- the recommendations of that
plan. So, that's all the presentation that staff has at this time.
De Weerd: Thank you, Anna. Any questions for staff at this time? Is the applicant
here? And I did see you raise your hand. If you will just, please, state your name and
address for the record. Did you not participate -- yes. You're fine, then.
Knopp: Larry Knopp.
De Weerd: If you will pull the microphone towards you. Thank you
Knopp: Larry Knopp, 355 South 3rd Street, Boise. I'm the architect representing the
property owner. The setback for the development on the carport -- I went over this in
great detail with ACHD and talked to them. They have got an initial 35 -foot easement
on the east side of Meridian Road now and I'm not sure if there was some additional
right of way -- and maybe Anna could answer that question -- as far as the new bank
goes, if there was some additional right of way taking on that.
Canning: Madam Mayor, Members of the Council, I don't know for sure.
Knopp: On the new bank facility that's being built right across the street from this
project. But through extensive conversations with ACHD, they did not have it in their
five to ten year plan and not in their 15 to 20 year plan as far as Meridian Road goes.
And so what my client is asking for is to try to establish the addition for the additional
square footage and income that he might receive on the development over this period of
time, if and when the additional right of way was needed or required. They have 30 feet
on the west side at this time. ACHD is asking for an additional five feet, so the drawing
that you see on this screen takes the additional five feet into consideration, plus an
additional five feet back from that future right of way. So, in essence, we are setting
back about 15 feet from the back of the sidewalk at this present time, the existing
sidewalk. We tried to design it and to take into consideration some exposure and feel of
Old Town and I think what Planning and Zoning is trying to accomplish and that's to
bring the buildings forward and have that feel of what the old designs were and
accommodating pedestrian foot traffic and trying to bring in people off the street. So,
we have -- we have ample room for the additional right of way and for an
accommodating them. I believe that Steve Siddoway told me that Old Town, what they
try to do is to have like a 12 -foot sidewalk landscape, tree-scape, and scenario for the
Old Town area. So, we are well within that and exceeds that. So, really, what my client
is trying to do is to -- the building is in very bad shape. There is an extensive amount of
money, he analyzed it and decided at this point in time, because of the size of the
Meridian City Council
September 14, 2004
Page 12 of 39
property and what's there, that if he could go ahead and improve the existing facility,
add on and remodel the car -- or the garage that he could get a return on his investment
over a period of time and so this is why we are looking for as much square footage as
we can get on the garage or on the carport section. The house is -- lends itself mainly
to office use, because of the way it's broken up. There is a stairway and it's a two-story
structure, so we are anticipating that maybe one tenant is on the first floor, one tenant is
on the second floor, and it will be used more in professional office space type thing. My
client's hoping to attract some more of a commercial use in the garage area and we
have established our parking and the parking ratios based on what we have got with the
new remodeled garage as commercial and the house being as professional office to
meet the city ordinance. I believe that's all that I have. We have addressed the other
concerns on the sight and landscaping, trash, the other areas that the Planning and
Zoning had and we revised that site and drawing and resubmitted it and I think Planning
and Zoning have those revised drawings. If I can answer any of your questions.
De Weerd: Okay. Council, any questions? Thank you very much.
Knopp: Thank you.
De Weerd: Is there anyone who would like to provide testimony on this application?
Okay. Seeing none, Council, do you need any further information from staff or the
applicant?
Bird: I don't, Madam Mayor.
De Weerd: Okay. Hearing none --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearings on Items 11 and 12 -- or I mean 10 and 11.
I'm sorry.
Rountree: Second.
De Weerd: It's been moved and seconded to close the public hearings on Item 10 and
11. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Is there any discussion on either of these items or further information from
staff? Okay. Do I have a motion?
Bird: Madam Mayor?
Meridian City Council
September 14, 2004
Page 13 of 39
De Weerd: Mr. Bird.
Bird: I move we approve RZ 04-008 and to include staff and applicant comments.
Rountree: Second.
De Weerd: It's been moved and seconded to approve Item 10. Is there -- Mr. Nichols?
Nichols: Madam Mayor, just a caution to the Council to make sure you address the
setback issue in Item 11.
De Weerd: Okay. The motion is to approve Item 10. Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Item 11. Mr. Wardle.
Wardle: Madam Mayor, for discussion purposes, I guess I have just a quick question
for those that have been in more discussion with members of the MDC and some of the
look and feel of downtown. Applicant's comments were that we were looking for a
closer streetscape to have some of that available and I just wondered if anyone had a
comment about that.
Bird: I don't.
Rountree: I have none.
De Weerd: Anna, I guess maybe in terms of the design review and the specifications
that have been going on with that, where are we at and did it include the Meridian Road
corridor in those specifications?
Canning: My recollection is that it did not go to the west side of Meridian Road, it only
included the east side, and those are ready to go forward. We were holding up for a
little bit until we could get the downtown transportation plan started and I do believe that
Steve is ready to take those design guidelines forward soon. But I do not believe that
they went to this side of the street.
De Weerd: What were they going to look like on the other side of the street?
Canning: Well, a lot of the discussion was along Main and there it was to build to line,
instead of a setback line, so it was to bring them up to a 12 foot sidewalk and have them
be part of that, create that space there at the public sidewalk, but if through the
downtown transportation management plan this becomes the major thoroughfare to get
people from Fairview to the freeway, then, this may very well be the edge of Old Town.
Meridian City Council
September 14, 2004
Page 14 of 39
It may not be able to go across the street, or downtown, anyway. I'm sorry. It's already
Old Town from the Comprehensive Plan. But it may effectively become a dividing line
for the downtown area.
De Weerd: Mr. Wardle, does that answer your question or cause more?
Wardle: I'll make a motion and we will see if we agree. How is that?
De Weerd: Okay.
Wardle: Madam Mayor, I move that we approve Item No. 11 CUP 04-019, Conditional
Use Permit and to include all staff, applicant, and public comments and to leave the
setback requirements as they came from the Planning and Zoning Commission
recommendation.
Bird: Second that.
De Weerd: Okay. I have a motion to approve Item 11 as recommended by the
Planning and Zoning Commission. Is there any discussion? Mr. Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 12: Public Hearing: CUP 04-020 Request for a Conditional Use Permit for a
pharmacy in an L -O zone for Medicag Pharmacy by Larry Knopp — east
of North Ten Mile Road on north side of West Cherry Lane:
De Weerd: Okay. Thank you. Item 12 is a Public Hearing on CUP 04-020. We will
open this Public Hearing with staff comments.
Canning; Madam Mayor, Members of the Council, this is a request primarily for a -- it's a
conditional use request for a drive-thru facility. It is in the -- I can't remember the name
of the subdivision. I'm sorry. I'll just continue. I'm sorry. You recently approved the
final plat for the subdivision on this parcel. This facility is located in the northwest -- the
southwest corner of the property. This is the pharmacy and, then, the drive-thru facility
comes right through here and it would loop out and come back out the entrance drive.
There are neighboring residential properties. As you may recall at the final plat hearing
we talked about the need to reconstruct the fence in this area and they are missing a
fence here, so those were made conditions of the final plat, so they will have new solid
fencing along this boundary to mitigate some of the affects of that drive-thru. This does
come forward with a recommendation for approval from the Planning and Zoning
Commission. The applicant Larry Knopp and the developer John Wyman testified in
favor of the application. There was also a letter of support from Ginger Cooper. There
was no other testimony from the public. The key Commission changes were regarding
the landscaping buffer between land uses along the west boundary in this area. It was
Meridian City Council
September 14, 2004
Page 15 of 39
modified to be consistent with the alternative compliance approved by Council on the
final plat for Lynwood Plaza. There we go. There is a drainage or an irrigation facility in
this area, so they weren't able to put trees on top of the tiled ditch, so they relocated
those trees to the rest of the site. And as you can see from the landscape plan, they
have a -- they will have many trees. These are the elevations. And these are some of
the views. This is the pathway coming into the property from the north from the existing
neighbors. And, then, that's the portion of the missing fence that's down here. There
are no outstanding issues before City Council. Please note that Mr. Siddoway has a
note: Please note that the proposed conditions from Settlers Irrigation District were
intentionally removed from the recommendation to Council, because the Settlers
Irrigation facility does not cross this actual property and does not serve it. And with that
I will end staffs presentation.
De Weerd: Okay. Council, any questions for staff at this time?
Bird: I have none.
Rountree: I have none.
De Weerd: Is the applicant here tonight? Oh, well, of course, you are. If you will just
state your name and address one more time.
Knopp: Larry Knopp, 355 South 3rd Street in Boise, the architect representing the
owner on this property. We have, I believe, gone through and addressed all the items
and concerns of the staff, the landscaping issues, and screening and we have done the
drawings, submitted them to Planning and Zoning, so we should be -- we should be in
good shape and we are in agreement with all the conditions of the Planning and Zoning
staff.
De Weerd: Okay. Thank you. Any questions for the applicant? None at this time?
Thank you.
Knopp: Thank you.
De Weerd: Is there anyone who would like to provide testimony on this application? I
know you guys all just came because we just have such interesting meetings; right?
Okay. Council?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Hearing no more comment, I move that we close the Public Hearing on Item
No. 12.
Bird: Second.
Meridian City Council
September 14, 2004
Page 16 of 39
De Weerd: It's been moved and seconded to close the Public Hearing on Item 12. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Discussion?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move we approve Item No. 12, CUP 04-020, Medicap Pharmacy.
Rountree: Second.
De Weerd: It's been moved and seconded to approve Item 12. If there is no further
discussion, Mr. Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 13: Public Hearing: VAC 04-005 Request for a Vacation of side yard utility
and irrigation easements on Lots 43-45, and Lots 88-91, Block 23,
Ashford Greens Subdivision No. 2 by Brighton Corporation — east of
North Black Cat Road and south of West Ustick Road:
De Weerd: Thank you. Item 13 is a Public Hearing on VAC 04-005. 1 will open this
Public Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, the applicant has requested to
vacate side yard utility and irrigation easements on two sets of lots, the ones that you
see outlined in the heavy black here. You can see them here as well. The idea -- these
are the actual ones being vacated. The applicant came to me and has tried some way
to do a lot line adjustment through the city to be able to, essentially, reduce the number
of buildable lots in each of those areas by one. So, in this area where there are three
lots, his eventual desire is to reduce that to two lots and here where there are four lots,
he would like to get three lots. To do that, one of the things that he needs to do is do
the vacation and he will have to do a subsequent replatting of those lots to reduce the
number of lots. That's really all there is to talk about. I feel like I'm short-changing all
these folks, because I think this is a record attendance for a vacation application, but
that's -- the intent is to be able to reduce the number of lots, eventually, so he is asking
to vacate the easements at this time.
Meridian City Council
September 14, 2004
Page 17 of 39
De Weerd: Okay. Thank you, Anna. We do have an e-mail that is stating James Place
homeowners held a special meeting on September 13th. The applicant explained the
proposed realignment of lots in James Place and that it would reduce the number of lots
from 73 to 71 and that the discussion that took place showed that the majority of the
homeowners present were in favor of the proposed realignment and that was submitted
by the secretary Sandra Howell. So, with that said, is the applicant here this evening?
Canning: Before Mr. Turnbull gets up, I'm sorry, Madam Mayor, I forgot to mention
there is an objection letter in the file from Ron Howell and this does come forward with a
recommendation for approval from the Planning and Zoning Commission. There was,
actually, no public testimony presented there.
De Weerd: Okay. Thank you, Anna. The applicant? Were you sworn in?
Turnbull: I was.
De Weerd: Okay. Thank you. Just state your name and address for the record.
Turnbull: David Turnbull, Brighton Corporation, 12601 West Explorer Drive in Boise.
De Weerd: Thank you.
Turnbull: Madam Mayor, Members of the Council, this is an application to vacate those
side yard easements. The eventual objective is to -- as Anna mentioned, to reduce by
two lots, one in each of these sections, so that we have some more build -able lots. We
have had some difficulty with these properties, given the angles and the size of the
properties, coming up with suitable house plans to fit these. Sometime back in March
we went to the advisory committee and asked their opinion of this proposal and we got
the green light from them to go forward. We have been processing that application
since. As you know, we have to send letters to all the utilities, wait to get a response
back from them, and once we have those responses back we scheduled this process
and it's been through the Planning and Zoning Commission. We weren't aware of any
objections to our proposal until Mr. Howell submitted a letter of objection, which you
have in your packet, and it's never been our intent to do anything that the majority, at
least, a substantial majority of the neighborhood wouldn't be happy with and so we held
a meeting last night where there were probably in the neighborhood of 40 people
attending. I explained what we were doing, why we were doing it, took questions and
we had a good discussion. In the end the advisory committee called for a vote of how
many were in favor and how many were opposed and I didn't get an exact count, I think
there were probably five in the meeting that opposed. After the meeting I had the
opportunity to talk to one of those gentlemen and went over and looked at his property,
he lives in this home right here, explained what we were doing on this section right here
and after I was able to talk to him, he said he withdrew his objection and he was in favor
of what we were doing. So, again, it's always been our intent to work in a manner that
would be beneficial to the neighborhood and that's what I think we have done. We
asked for a letter from the advisory committee stating the results of the meeting last
Meridian City Council
September 14, 2004
Page 18 of 39
night and that's what you have read into the record, Madam Mayor. So, I will stand for
any questions if you have any.
De Weerd: Okay. Council, any questions? Okay. Thank you. Okay. I do have a
number of people who did sign up. If you would like to provide testimony, please, step
forward when I read your name. Ronald Howell. When we swore everyone, did you
raise your right hand?
Howell: Yes, I did.
De Weerd: Thank you. If you will, please, state your name and address.
Howell: Ronald Howell, 2396 Crooked Creek in James Place.
De Weerd: Thank you.
Howell: And I am the one who submitted the written objection. I'm not sure what was
meant by the planning and so forth that testimony wasn't presented or something, but --
De Weerd: She just was noting that your letter was included in the file.
Howell: Okay. And I would like to indicate that I have two objections to this as indicated
in here. There are 73 lots in James Place and I believe they were platted in I think
about '97 -- '96, '97 and we purchased -- we were about, I think, the sixth family out
there in '99 and right now about two-thirds of James Place is built out. I think there are
48 homes sold. There are three or four more under construction by the developer and
most of these homes are, oh, 1,500 to 2,100 square feet. There is one home with a
three car garage, the rest are all two car garages. And it's our understanding and --
from the meeting last night that there are going to be several new homes put on these
new lots that are going to be three car garages and I feel that we should keep with the
original intent of the plat and the plan for James Place. At the time that this was platted
the developer had -- I think it was five models and I'm assuming that there is certainly
models that could fit on these lots they had platted at that time and I don't see why
those can't be used at this time. So, I object to the fact that they are going to change
the general type of building that they do there when we are two-thirds of the way
through. The other objection I have is that reducing the three to two and the four to
three lots we are losing two lots and this means we are losing two homeowners fees
and right now we are paying 155 dollars a month as homeowners. Part of that does go
to Ashford Greens and when I look at that and count the fact that, okay, if we don't have
to pay Ashford Greens, it's costing each homeowner an additional 45 dollars a year by
losing these, going from 73 down to 71, and I just feel that it's unfair at two-thirds of the
way through the construction of the development that reduce the number of homes and,
again, force the homeowners fees to go up because of this.
De Weerd: Okay.
Meridian City Council
September 14, 2004
Page 19 of 39
Howell: And I'll end it at that.
De Weerd: Thank you, Mr. Howell. Jerry Jenkins? Would you like to provide
testimony? Thank you. Sandy Howell. Thank you. Victoria Banks -Alden? Burkes-
Alden. Okay. If you will, please, step forward. And were you sworn in?
Burkes-Alden: I was not, because I didn't realize I would be saying anything.
De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God?
Burkes-Alden: Yes, it is
De Weerd: Thank you. Please state your name and address.
Burkes-Alden: Okay. My name is Victoria Burkes-Alden. I live at 2710 South Basin
Creek Avenue over in Thousand Springs Subdivision here in Meridian. I'm, actually,
here representing my father Gerald Burkes and stepmother Joan Burkes. They would
like to build on one of those lots that's going from the three -- or, excuse me, four down
to three. I do respect this gentleman's opinion, but that floor plan that they have picked
out -- and it's not shown on this map. There is already a house that is built with that
floor plan, but my father would like one of these other lots and in order to do that they
have to -- the house is too big to fit on one of the existing lots. So, they would really like
to build in there and become, you know, citizens of Meridian. They are currently living
in Boise. And that's about all I have to say about that.
De Weerd: Thank you. So, what you're saying is that the house they would build is
already within that -- the living community right now?
Burkes-Alden: Yes. There is a floor plan that's already -- they have been trying to work
with the realtor on getting the approval done, so that they could go on ahead and get
one of those lots and start building their retirement home.
De Weerd: Okay. Thank you so much.
Burkes-Alden: Thank you.
De Weerd: Millard Howell. Thank you. Gerald -- and, I'm sorry, I can't read the last
name. Okay. Thank you. And Craig Rowen? Okay. Thank you. And those names
that I read out after Mr. Howell were all testified and marked for the project. Is there
anyone else who would like to offer testimony? Okay. I'm sorry. Mr. Howell, it's --
okay. Did you have a further question, Mr. Howell? If you would step forward. Just if
you will, please, state your name one more time.
Howell: Ronald Howell, 2396 Crooked Creek.
Meridian City Council
September 14, 2004
Page 20 of 39
De Weerd: Thank you.
Howell: And I forgot to add that I did circulate what I had objected to around to all the
neighbors and I have -- and it probably does not mean anything to you, but I have had
eight people who have called me who support the objection to this. So, as of the other
day they started doing accounting and I do have eight names and, then, myself who
objected to this and I don't know what that means in this, but since they are talking
about eight or ten who approve this -- or maybe 15 at the meeting the other night, there
are some who don't approve it who are not here tonight and there -- I should also add
there is probably at least ten homeowners out there out of the 48 who are not in town at
this time or who -- the houses are between the seller and a buyer. So, just for some of
the numbers.
De Weerd: Okay. Thank you. Okay. Is there any further testimony? Okay. Yes.
Would the applicant like to have his rebuttal? Sorry, I almost forgot you.
Turnbull: Well, I appreciate that and I won't take long. I would like to note that --
De Weerd: If you will just state your name again for the record.
Turnbull: Excuse me. David Turnbull. Excuse me, Madam Mayor. Just -- I actually
appreciate all these people coming out in support. I mean they didn't want to get up
here and testify, but it does show that -- I don't -- I don't have this happen very often,
that people come out to support us and so I appreciate them coming out. It's an
unusual circumstance when a developer comes in to ask for a reduction in density,
rather than an increase in density. And, again, I'd just reiterate if we didn't think it was
for the betterment of the community, we wouldn't be doing it. We, actually, have four of
these five reconfigured lots either pending or people interested in purchasing them. Our
intent is to get this project, this neighborhood, built out as quickly as possible, so that we
can get out of these wonderful neighbors' way. It's always a nice thing when
construction is finished in a neighborhood and they don't have to deal with that
anymore. Mr. Howell did mention some numbers on the cost of the reduced number of
lots to the association. Right now the owners association fee out there is 155 per
month, but a substantial amount of that cost comes in per home fee for yard
maintenance and escrowing for painting each individual house. So, if you take those
items out and you're just amortizing the balance over -- of the common area
maintenance over the remaining owners, the cost per home per lot per month is -- Mr.
Crandall from the association management company is here, he estimated it
somewhere in the neighborhood of 45 cents per month. You know, it may be double
that, a dollar per month per home. So I wanted to clarify that. Also there was comment
about changing the character of the neighborhood. We started out this project with
about five model homes and as we went along we added some, we probably have ten
at this point. The homes that we are proposing to build on these reconfigured lots are
consistent with all of the homes that have been built there so far. I do not intend to
allow a three car garage in the sense that it would be three cars facing the street, three
car -- three overhead doors facing the street, so -- but you can create garage space with
Meridian City Council
September 14, 2004
Page 21 of 39
windows, it just becomes good for storage, you know, and these people are downsizing,
but sometimes they bring golf carts or some things like that, you know, things that they
want to put in storage. So, I don't want to belabor the point, but the new homes won't
be out of character, either in size or architecture from the existing homes. In fact, most
of the homes -- the four that we are working on now are from 1,500 to 2,000 square
feet, which is consistent with what we have been building in there already. Thank you.
De Weerd: Thank you. Okay. Council, any further questions?
Rountree: I have none.
Bird: I have none, Mayor.
De Weerd: Okay. Do we have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we close the Public Hearing on Item 13.
Bird: Second.
De Weerd: 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? Hearing none, do I have a motion?
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I move that we approve the request for Item 13, VAC 04-005, request for
vacation of easements for Ashford Greens Subdivision No. 2.
Bird: Second.
De Weerd: It's been moved and seconded to approve Item 13. Is there any further
discussion? Mr. Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Meridian City Council
September 14, 2004
Page 22 of 39
Item 14: Public Hearing: RZ 04-010 Request for a Rezone of .68 acre from R-4 to
an O -T zone for Mittleider Rezone by Leon Smith — 125 West Cherry
Lane and 1645 West 1s Street:
De Weerd: Thank you. Item 14 is Public Hearing RZ 04-010.
Canning: Madam Mayor, Members of the Council, the subject of this application are
these two properties here. They straddle between West 1st and West 2nd Street on
Cherry Lane. You can see the reference to Meridian Road here. They are, actually,
comprised of the four old lots, but in two properties. There are two existing homes.
One takes access off of Cherry Lane, the other takes access off of 1st Street. West 1 st.
The applicant's proposal tonight is just to rezone the property from R-4 to Old Town for
the purpose of redeveloping the property as office uses and there are -- or there is a
development agreement suggested by staff that would limit that to not have commercial
retail uses, but just two office uses. The property is about a little less than 7/10ths of an
acre in size. The Planning and Zoning Commission held their hearing on August 19th
and they have recommended approval of the rezone. Leon Smith represented the
applicant and testified in favor of the application. No members of the public testified in
opposition to the application at the Planning and Zoning Commission hearing. There
was discussion about future access to Cherry Lane and allowing the existing residents,
as I point out, to continue to use the driveway on Cherry Lane until the site redevelops.
The applicant is not asking for approval of a site plan at this time. Staff did ask for a
conceptual site plan. This is that site plan. As you can see, there are two buildings,
they come up to the sidewalk on both 1st and Cherry Lane and, then, on 2nd and
Cherry Lane and, then, the parking kind of wraps behind and into the middle. Staff has
recommended that there not be access to Cherry Lane and I believe that is also in the
development agreement that as it redevelops there would not be access to Cherry
Lane, there would only be the temporary access for the existing home. But, again, they
are not asking for approval of the site plan at this time, they are only asking for the
rezone from R-4 to OT. The key Commission changes to the staff recommendation, the
Commission did vote to amend the condition that allows the existing residents to have
direct access to Cherry Lane until the site redevelops and at the time that the
recommendation was written for Council, there were no outstanding issues. As you can
see from the attendance, the neighbors are -- some of the neighbors are here tonight to
testify in opposition to this application. There is also some concern about proper
noticing and staff did check all the notices that went out and we do believe that the
proper notice was done. There might have been one person who was improperly
noticed, because of a similar name. We -- when we generate the labels we have to go
through manually and remove duplicative names and we might have accidentally
removed an extra Smith, but that person was notified for the City Council hearing, even
though they may have missed -- and we are not quite -- exactly sure that they missed
the P&Z, but they were notified for the City Council hearing. With that, I will end staffs
presentation.
Meridian City Council
September 14, 2004
Page 23 of 39
De Weerd: I guess, Anna, I have a question. On this rezone, they are not necessarily
asking for the plan that you showed, but once it's rezoned, then, it's permitted and they
don't necessarily have to come in with a new plan, do they?
Canning: No. And there is, actually, four existing lots there, so they do have the
separate ownerships. Staff did, as part of the development agreement, restrict access
to Cherry or have suggested that anyway. So, there is not a whole lot of options
available as far as -- as far as development getting adequate fire and car access to and
from the site.
De Weerd: I guess that's why I like to see what the plans are when the public has an
opportunity to see what those plans are, so they know what is going in there.
Canning: And to my knowledge -- I'm sure we talked to the applicant about it. I'm not
sure why they decided to go -- not go forward with a CU at this time, other than they do
not know the specific use that wants to go in there and because everything is
conditional use in the Old Town, they may have wanted to wait until they had it specific.
De Weerd: Okay. So, they will have to come back for a CU?
Canning: Right. It's Old Town. That's right.
Bird: Everything is CU in --
De Weerd: Okay. Are there any questions for staff? Okay. Is the applicant here? I
did see your hand was up. If you will just state your name and address.
Smith: Madam Mayor, I have been sworn in. My name is Leon Smith and pleased to
be here before the Council and yourself and reiterate this proposal.
De Weerd: Mr. Smith, will you, please, state your address.
Smith: My name is Leon Smith.
De Weerd: Okay. Thank you.
Smith: I live in Twin Falls, Idaho, but my wife Janice Mittleider and I own these two lots
right here. My wife's mother, Novella Mittleider, sitting in the back row there, owns
these two lots. There is one dwelling on each lot. Novella has raised her family there
and I think she has lived there about a half a century. When she was raising her family
Cherry Lane was two lanes wide. Now, Cherry Lane is five lanes wide in front of her
house, and it has over 30,000 cars a day. She can't sit on her patio, because of the
exhaust and noise, it's just -- and her patio faces Cherry Lane. It's only about 20 yards
away. We rent our property, the one dwelling there, and we have difficulty finding
renters, because people with children -- and the house is built for children, don't want to
be on a street with 30,000 cars a day, so that is our dilemma and that is the reason that
Meridian City Council
September 14, 2004
Page 24 of 39
we decided to come forward and try to get it rezoned to Old Town, so that we would
have some prospect of selling the property and/or developing the property, either one,
for the offices for a doctor or a dentist. Our conceptualization here contemplates that it
would be dental offices and we have agreed to everything that the staff has presented
to you in the staffs recommendations. It's perfect for professional offices, because of
the exposure to Cherry Lane and also it makes a nice buffer, because you require in
your ordinances that we would buffer the back of the lots with vegetation and flowers
beds, shrubbery, or whatever and also you require it along Cherry Lane. So, it could be
an improvement to the appearance of that -- the end of that block in Wilson Subdivision,
with the two offices and with all of the improvements that you would require of us. I
might mention that the Comprehensive Plan calls for Old Town on Novella's two lots.
The Old Town designation runs right down the ditch for some reason or other, so this is
within the Comprehensive Plan, but it would be very difficult for us to develop this with
just the two lots, because, as you know, they are very small lots and it's much more
practical to develop it all together, so that's the reason that we have come before you
and asked for the Old Town designation, that it would be contiguous. We think it would
be an improvement over what's there and like was mentioned before, we have to come
to you for any use that we put on there as a conditional use and you can put any
conditions on there that you feel are in the best interest of the city. So, everyone that's
seated here that objects to this proposal would have their opportunity when we did
come forward with a concrete proposal for development. And I would be happy to
answer any questions that you have.
De Weerd: Thank you, Mr. Smith. Any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Mr. Smith, staff had indicated that in the Planning and Zoning hearing that
there was discussion about access on Cherry Lane and that their recommendation that
there be no access allowed on Cherry Lane. Is that consistent with your understanding
and -- what's your sense of that?
Smith: Thank you. And, yes, this conceptual has an entrance off Cherry Lane. The
entrance that now exists is right over here and that gets to our tenant's garage. So, we
implored the Planning and Zoning Commission to put in there that this use would be
permitted until we develop it and we are happy that they went along with that and we
would not develop an entrance off Cherry Lane for the development of these lots.
Rountree: Thank you.
De Weerd: Thank you. Any further questions?
Nary: Madam Mayor?
Meridian City Council
September 14, 2004
Page 25 of 39
De Weerd: Mr. Nary
Nary: Mr. Smith, I guess I'm a little curious as to -- since you don't have a plan yet and
you don't have a tenant and you don't have a design, why do you choose to do this
now?
Smith: We can't encourage much interest until we do have Old Town designation, so
that a dentist or a doctor or anyone that might want to put an office there would say,
okay, it's zoned, now I can come forward with it. But so far we haven't been able to
attract much interest until we get this rezone.
Nary: Thank you.
De Weerd: Thank you so much.
Smith: Thank you.
De Weerd: Okay. We do have a number of people signed up against. Rebecca
Curtis? Okay. Signed up against. Cody Curtis. Okay. He also signed up against.
Wally Newton? Would you like to provide testimony?
Newton: I'd just like to say my name is Wallace Newton, 15 --
De Weerd: Did you -- were you sworn in?
Newton: No. I come through the door late.
De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God?
Newton: Yes, I will.
De Weerd: Thank you. Please state your name and address.
Newton: Wallace Newton, 1523 West 1st.
De Weerd: Thank you.
Newton: I have had the good fortune of living there about half as long as Novella and
raised my family there and I have watched the families grow and move away and we
have had a wonderful thing happen in the last two years there, we have a lot of young
families come in and buy, a lot of children, and we are really concerned about the
increased traffic, we are having a real problem with speeding traffic through there now,
we just were afraid that if any -- anything you do on that end to increase the traffic is
going to hurt our neighborhood, because we have the school at the end of the street, a
Meridian City Council
September 14, 2004
Page 26 of 39
lot of these children walk up and down that street and it's just -- it -- we would like to do
anything we can to prevent traffic. Thank you.
De Weerd: Mr. Newton, are there sidewalks on that road?
Newton: No, ma'am.
De Weerd: Okay. Thank you.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Mr. Newton, where do you live on there? There is a little pointer on the podium if
you want to use that.
Newton: Right there.
Nary: Thank you.
De Weerd: And I have to apologize, because I can't read the next name, but it looks
like -- the last name begins with an M. Marsh? Match? Very well could be. Would you
like to provide testimony? He did sign up against. Deborah Madsen. Okay. Mrs.
Lloyd, would you like to provide testimony? Signed up against. Jenny Ransley signed
up against. Connie Thompson? Okay. Signed up against. Would you like to provide
testimony? If you will state your name and address. Were you sworn in?
Thompson: No. I was chasing my little boy.
De Weerd: I have been there. Is the testimony you provide tonight the truth, the whole
truth, and nothing but the truth, so help you God?
Thompson: I do.
De Weerd: Thank you. Please, state your name and address.
Thompson: Connie Thompson, 1325 West 1st. I have lived on West 1st Street for
about two years. I know a lot of the people along there, they know me and my son.
There is no sidewalks. When I take him for walks we have to walk in the street. Cars
are pretty fast along there. If offices come in that causes more traffic. There are a lot of
kids, like a lot of the other parents have said, they are forced to walk in the streets.
Now, my son, as you can see, he is in a wheelchair and with no sidewalks and
excessive traffic, it's just asking for an accident to happen. I mean he -- my son has
already been through seven surgeries, he's six years old. I don't need anything to
happen to him. I went school in Meridian. I think that -- I think Meridian is really great. I
want my son to grow up here, because of the close knit neighborhoods and we have no
Meridian City Council
September 14, 2004
Page 27 of 39
crime like Boise does, we don't have half the trouble that Boise area does, and this is
why I brought my son to Meridian. That's all I have to say.
De Weerd: Thank you. Any questions, Council?
Bird: I have none.
Rountree: I have none.
Nary: Madam Mayor?
De Weerd: Mr. Nary
Nary: I guess I'm curious, since a lot of these folks haven't testified, but they are
objecting to it, I guess I'm curious as to why do you believe that an office on the end
there that abuts Cherry Lane, is going to bring more traffic on your street? And I just --
you know, I drive down West 1st Street constantly and I have for 20 years. I guess I'm
unclear why you believe having offices that face Cherry Lane, when there are other
offices along Cherry Lane in that area, is going to bring more traffic down your street.
Thompson: It will cause a congestion on Cherry Lane to where they will cut in on the
side street to get out of the extra traffic. That's what's happening now. People don't
want to sit and wait to try and get out onto Cherry Lane or they don't want to sit and wait
for the light to change, so they go up West 2nd Street, they come down West 1 st Street,
and with offices going in there, that's going to cause even more traffic.
Nary: I mean we are just talking a couple of dentist offices or something like that, is
what it's likely to be there or something in that nature. I guess I'm -- I guess I just have
a hard time envisioning how that's going to cause more -- other than maybe if we,
instead of not allowing access onto Cherry Lane, we did allow the access onto Cherry
Lane, so that the people could get in and out without coming onto your street. But I
guess I -- I just don't see -- I mean we are not talking a little strip mall like down the
street, we are just talking a couple of, you know, orthodontists or dentists or doctors or
something like that that don't seem like they are going to add much traffic to Cherry
Lane that isn't already there and so I guess I have a hard time connecting the two as to
why the offices in that location right now are going to gather more traffic down your
street. There is no offices down your street, there is no reason to go down there
because of these anymore than there is today.
Thompson: If they are in the offices, though, and they can't get out onto Cherry Lane,
where are they going to go? They are going to go down the side streets.
Nary: Right. That's what I'm saying is maybe we should allow the access onto Cherry
Lane in some sort of right in, right out, because I mean I guess -- maybe if you have
some idea or thought -- I mean as Mr. Smith testified is those are not very viable
residential properties any longer and if you look all the way down Cherry Lane -- I used
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September 14, 2004
Page 29 of 39
to live on Cherry Lane for a long time. Those aren't very viable for people to live in right
there abutting that street any longer, so I don't know what other alternative these folks
have to do with their property, other than a small sort of professional office and if maybe
they could access Cherry Lane, that would be less traffic on your street that's related to
the office. Or what do you think?
Thompson: I'm not a planning and zoning person, so I'm just voicing my opinion that
that's what I'm looking at. You know, the possibility of more traffic and when the kids do
walk up the street to school and there is no sidewalks, there is -- we are just asking for
trouble on that, I believe, without the sidewalks it forces the kids and everybody else
into the street.
Nary: Thank you.
Thompson: Thank you.
De Weerd: Sandra Newton? Were you sworn in?
S.Newton: No
De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God?
S.Newton: Yes.
De Weerd: Thank you. Please state your name and address.
S.Newton: My name is Sandra Newton and I live at 1523 West list Street and I'm --
Wallace Newton is my husband. I wasn't going to testify, but Mr. Nary brought up the
question of why we feel the way we do. I'm in agreement that there is too much traffic
and the traffic is -- goes by there very very fast. There is -- the speed limit is not very
clear, there is no speed bumps, there is no sidewalks, but I would ask that Council,
before they make a final decision, if possible, if they would put one of those counting
things along our street to show how much traffic that we actually get now and if there is
no access to Cherry Lane from those offices, I don't think that they'd have anyplace else
to go but down the side street and I think the easiest one would be West 1st, because
they can down to Elm and over to Meridian there by the church and that's the traffic they
take -- the route they take now. When they come down off of Cherry Lane, come down
in front of all of our houses, they turn on Elm and go over onto Meridian Road and so I
would ask that they make a consideration to do that before they rezone it, to look at the
traffic now and what it might do if they don't make access to Cherry Lane, if you know,
they decide to rezone it. That's all I ask. Thanks.
De Weerd: Thank you. Shirley Smith. Would like to provide testimony?
Meridian City Council
September 14, 2004
Page 29 of 39
S.Smith: A gentleman who was planning to come with his wife tonight had something
come up. May I submit this as a letter that he left?
De Weerd: Yes. Thank you. If I could -- were you sworn in? Did you participate when
we swore everyone in? Okay. If you will raise your right hand. Is the testimony you
provide tonight the truth, the whole truth, and nothing but the truth, so help you God?
S.Smith: Yes.
De Weerd: Thank you. If you will state your name and address.
S.Smith: Shirley Smith on 1615 West 1 st Street.
De Weerd: Thank you
S.Smith: Thank you. May I ask before I make my comments if anyone on the panel
has had a chance to look at the duplicated petition that was put with over 41 names?
De Weerd: No. We just received that.
S.Smith: Okay. The other thing -- the copy of what the petition says, only the names --
the 41 names are only on the original. The copy that is above the petition -- and it says
copy of the petition at the top. We wanted to save time and so we printed that out and
that was what was above the petition that the 41 persons on 1 st and 2nd Street signed.
That way we wouldn't have to go over a lot of things. Now, did you want to read it
before I make my comment or afterwards?
De Weerd: Council, would you like to take a moment to read -- look through this before
the comments are made? Okay. If you will make your comments, they will take a few
moments to read it.
S.Smith: Thank you. And also there are eleven letters from persons who were not able
to be here.
De Weerd: And we have those.
S.Smith: Thank you. You have this also. This is, essentially, a copy of some of the --
most of what I want to say. And the reason that -- Mr. Nary made a comment and the
reason that no one was at the former meeting and -- about the traffic also, is because
we were not notified of it and I will get into that later on in the letter, how most of us
didn't have any clue that this was happening. In addition to the information written on
the petition concerning traffic and disruption of our relatively quite neighborhood, and a
fear that our 1st Street, a street lacking sidewalks, dead ending at Meridian Elementary,
forcing us to walk in the streets, will be even more busy and noisy. For example, last
year my daughter, who is handicapped and who is legally blind, cannot drive, broke her
foot trying to negotiate getting, you know, from the street into the gravel -- that was next
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September 14, 2004
Page 30 of 39
to the gravel next to the driveway. I will add the following concerns. Number one: The
Ada County highway department information on Public Hearing RZ 04-010 states they
estimate an additional 236 vehicle trips in the proposed rezone area per day if the
zoning is approved. They -- number two. They stated they have no near future plans
for road improvement in that area. Number three. The access to the proposed rezone,
according to ACHD, will not be allowed on Cherry Lane. It must be accessed on 1st
West and 2nd, as soon as -- if this is approved. Number four. We apologize for the
lateness of your receipt of our letters and signatures against this rezone. Eighteen
letters concerning 24 properties in the 300 -foot area were sent to property owners. Of
these 24 properties, seven are owned by one person, nine are on Meridian Road and
Cherry Lane. Of the 24 properties, 15 are owned by absentee owners and only nine of
the 24 are actual residents of 1st and 2nd West Streets. The majority of these property
owners are in our current R-4 zone. Therefore, we would not be exposed to the --
excuse me. The 24 property owners in our current R-4 zone, therefore, not be exposed
to the future problems the actual residents fear. Because our street is a dead end,
more than the top four or five homeowners who actually live here and received letters
are involved deeply in this decision, as is evident by the letters, eleven; the attendance,
14 of us, and over 40 names on the petition that you have. I'm grateful that Mr. Leon
Smith, no relative, brought up the fact that only half of the area is in the future use Old
Town rezone map that is out on your wall and that concerns us, too, because if that gets
in, that means other things can be encroached into areas that were not in the future
rezone. We respectfully submit, because of the interests of the neighborhood residents
and our compelling concerns, that you will consider not to approve the rezone at this
time, not only because of our personal concerns, but because of the traffic congestion
and the current ample commercial facilities in the area show no need for further
commercial development at this time and --
De Weerd: Mrs. Smith, I'm sorry, your time is up. Can you summarize?
S.Smith: What? Do you want me to show you where I live?
De Weerd: No. Your time is up.
S.Smith: Yeah. I did. I heard it. And if I hadn't of added those comments at the first it
wouldn't, because I timed it before I came. I didn't want to go over three minutes.
Thank you.
De Weerd: That is all right.
S.Smith: Questions?
De Weerd: Is there any questions from the Council?
Bird: I have none, Mayor.
De Weerd: Okay. Yes, can you show us where you live on that map?
Meridian City Council
September 14, 2004
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S.Smith: Yeah. If I can figure out how to not be spastic and work it.
De Weerd: Don't worry, we all have done that, so --
S.Smith: Thank you.
De Weerd: Thank you. Any further questions, Council?
S.Smith: Thank you for listening. Appreciate it.
De Weerd: Shirley Smith. Oh, I'm sorry. I already got you. And Michael Pasley.
Ramsey: Ramsey.
De Weerd: I'm sorry. Would you like to provide testimony? Also signed up against. Is
there anyone else is the audience who would like to provide testimony on this
application. It is okay if you didn't sign up. Would you like to participate or provide
testimony? Okay. If you will, please, step forward. Please state your name and
address. Oh, we didn't swear you in. Is the testimony you provide tonight the truth, the
whole truth, and nothing but the truth, so help you God?
Green: Yes
De Weerd: Thank you. Please state your name and address
Green: My name is Diane Green. I live at 1520 West 1st. We moved out to Meridian
from the dreaded California about a year ago. We picked that area, I don't drive, I love
the fact of being so close to be able to walk places and this is a little scary, you know,
we just came because we didn't know what all this meant, but we think of it in terms of --
you know, I respect the people there, because I can't see the people living on that
street, just as living. I'm sure that, you know, it would be better for them to have some
sort of business, but we don't want it to -- you know, like spilling over down into our
street, because -- well, like I said, we moved in a year ago and since, then, three
younger families moved in and have done so much to fix up their property, we see kids
walking up and down the street and just pretty much what the other people are seeing.
We'd kind of like to preserve that part. It's just a really special place to live and we are
really glad to be there, but we'd just like to, you know, keep it like that. That's all.
De Weerd: Thank you. Is there any further testimony? Okay. Would the applicant like
to respond?
Smith: Thank you, Madam Mayor, Members of the Council. Leon Smith responding for
the applicant. I really don't know how to respond. Mr. and Mrs. Newton were mostly
concerned about traffic issues on West 1st Street and 1, myself, go down Cherry Lane
and turn on West 1st, so that I can avoid the light and the stopped traffic. So, I think
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September 14, 2004
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that is just a natural trend that isn't going to be changed whether there is residences on
those two lots or whether there are a couple of dentists' offices. The sidewalk that Mrs.
Thompson was concerned about, so that there would be access -- she was worried
about a sidewalk and I presume she was talking about that sidewalk, which is a very
wide sidewalk. I think that's probably six or seven feet wide along both properties and
probably would not be changed with whatever development we did, but I'm sure the city
would probably require sidewalks on both of those streets on the part of the property
that we would develop and so there would be more sidewalks available to children to
get to the school or to get up and down 1st Street. As for Mrs. Smith's petition, I don't
know anything about it. I didn't know anyone was opposed to this until today. I have
never seen a petition, I have never seen any letters and no one has ever contacted me,
nor have they contacted Novella or my wife. And so this -- if it was a ground swell it
was being done unbeknownst to us and I haven't read what's in the petition, so I can't
address what the complaints or concerns are. If the complaints or concerns are
specified, I'd like to know what they are.
De Weerd: I will share mine with you. You can keep those.
Bird: Madam Mayor?
De Weerd: Mr. Bird. The petition -- the cover is also included in that.
Smith: Okay. Well, if any of you are aware of any of the concerns or problems, in
quotes, that have been cited by the petition and would like to ask me any questions, I
will be happy to respond as best I can.
De Weerd: Mr. Smith, I think what we will do is we will recess for ten minutes, allow you
an opportunity to read some of that, and the Council as well, and give an opportunity for
them to ask questions if they have any.
Smith: Okay. Thank you very much, Madam Mayor.
De Weerd: Does that sound good?
Smith: That sounds fine.
De Weerd: Okay. Council, is that okay?
Rountree: Yes, ma'am.
De Weerd: Okay. I will call a ten-minute recess and reconvene at about five minutes to
9:00.
(Recess.)
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September 14, 2004
Page 33 of 39
De Weerd: Okay. I will go ahead and reconvene this meeting. It is 9:00 o'clock.
Would the applicant like to step forward? Now, that you have had a chance to read the
objections and Council has had a chance as well, I will go ahead and start with you.
Smith: Thank you, Madam Mayor. I'll make it very short, because as I went through all
these -- I didn't read every word on every one of them, but they all relate it -- they seem
to relate to me to traffic and I can't do anything about traffic. What Cherry Lane has
Cherry Lane has and this development, if it added anything to traffic, it would be pretty
minuscule compared to the way the traffic continues to grow on Cherry Lane. If I could
change it, I'd like to do that, but we will be happy to work with the neighbors and
anything that we do have control of and, hopefully, we won't have this lack of
communication again, but I hope that the City Council will give serious consideration to
our rezone, because it's very important to us on our property. Thank you.
De Weerd: Okay. Thank you. Council, any further questions for staff or the applicant?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I know we have staff from the highway district here as well and I think there are
some -- some possible alternatives that maybe he can speak to that the neighbors
would have some opportunity to know about. I think some of the things they have
raised in regards to traffic, as I have stated, I just don't see it. I mean I don't see that
this particular office space is going to add more to West 1st Street or West 2nd. I think
there are some other intermediate measures, but if you're prepared to speak towards
some of those opportunities, whether neighborhood grants and sidewalks and those
types of things are opportunities that you could, you know, make folks aware of and we
could look at as we go forward.
Inselman: Madam Mayor, Members of the Council, Gary Inselman with the Ada County
Highway District.
De Weerd: And I did see you raise your hand, so you must have known we were going
to ask you to come up here.
Inselman: I knew you would ask me one day, so -- I'm not deeply familiar with the
programs you're referencing, but I do know a neighbor talked to our planning supervisor
today, I believe, and we put them in contact with who they do need to speak to about
community programs to possibly improve the street, get the sidewalks constructed, or to
do a study upon cut -through traffic and traffic calming to see if any of those would be
warranted. As for the trips that the proposed development would generate,
unfortunately, until there is a specific development proposal before us, it's hard to speak
to that issue. The estimate in our staff report on the rezone is just that of a real broad -
brushed estimate for the allowed uses in the zoning and so it would be hard to estimate
how many trips may possibly divert down the road until there is a specific use in front of
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September 14, 2004
Page 34 of 39
us and the access issues are addressed. But we would be happy to work with the
neighbors to see what can be done and to study their issues and address them when a
development does -- proposal does come forward.
De Weerd: Thank you, Gary. I think those are some good ideas and maybe our
planning staff can work in conjunction with you to look at what the cut -through traffic is
and since Meridian has never applied for any of your sidewalk funds, this might be a
good time to take a look at it and see how that is, because we really are looking at how
we can connect to our schools. That is very very important and I know that ACHD
currently has a study underway on where those areas are and putting those in a high
priority for receiving those grants.
Bird: That's correct.
De Weerd: Okay. Well, thank you. Any further questions for Gary?
Bird: I have none. Thank you.
De Weerd: Thank you. Mr. Nichols.
Nichols: Madam Mayor, Anna, is there a pending application to the east of this site?
One of the opposition letters referenced a rezone of five lots to the east, on the east
side of 1st. Do you know if there is any pending applications there?
Canning: I'm not aware of any. To my knowledge, the only ones we have had on --
recently have been the 713 North Meridian, Old Town rezone request, and, then, this
request.
Nichols: Okay. Madam Mayor, Members of the Council, in the letter from the
Boardens, in the second paragraph, it says it was brought to our attention that a block of
five houses to our east facing West 1st Street are to be rezoned for commercial use.
We were aware that the two Mittleider homes were to be rezoned, but the rest of the
block came as quite a surprise and so they address in the letter -- and where the
Council likes to know about other pending developments in looking at an application in
front of them, I'm just curious whether you were aware of any pending applications in
that area.
Canning: I am not. We had a cutoff just last week and we haven't reviewed all the
applications associated with that. So, one may have come in after that I'm not aware of,
but at this point I don't know of anything there.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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September 14, 2004
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Bird: Does the letter writer have any -- does anybody have any idea where these are
supposed to be? Are they on the east side of West 1st or are they the -- the one's
already zoned where the old bicycle shop is on the corner of Meridian and Cherry Lane
and, then, there is the two small ones where Ricketts used to live and two smaller lots.
De Weerd: It looks like -- if you would like to step forward, please. We need you to
speak in the -- to the record.
S.Smith: Thank you, Madam Mayor. I appreciate it. That is a rumor that was going
around by a person who said that he was at this previous meeting and he said some
other things, too, and I think that that's how that got started. It is not true. It was
something I think to sort of satisfy his own situation.
Rountree: Sometimes that happens.
De Weerd: I wish I could say I'm shocked. Thank you. Okay. Any further discussion
or questions for staff?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing none, I move that we the close Public Hearing on Item 14.
Rountree: Second.
De Weerd: It's been moved and seconded to close the Public Hearing on Item 14. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Discussion?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I think we have really two different issues that we are talking about, but the only
issue, really, before us is whether or not this particular property should be rezoned to be
compliant with the Comprehensive Plan. Half the property is in Old Town zone, so
certainly half of it is compliant, without really any other discussion about the zoning.
The other half of it, I think the issue before us is whether it makes sense to zone it
compatible with the adjacent property and I think we need to look at the surrounding
properties to be able to make that finding. I think the issues that are being raised by the
neighbors are very legitimate. I mean as I said, I drive down West 1st Street every
week. It is hard to get out onto Cherry Lane from West 1st. I just don't see that any of
Meridian City Council
September 14, 2004
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the uses that are being contemplated here and are going to be restricted by this
development agreement, to simply just very much professional office types of things,
are going to add more traffic. But one of the things I would be interested in doing is
deleting the condition that access to Cherry Lane is prohibited. I don't know what
property -- what this property is going to be six months or a year from now or whenever
they are going to develop it. I don't want to limit or prohibit access when, ultimately, that
may be the best access for it is from Cherry Lane. I understand the neighbors' point
that if the only accesses are going to be on 2nd and 1st Street, that that alone may add
some traffic to their street. I don't think it's significant in comparison to what's already
there. I don't see this type of development adding a tremendous amount more traffic
than is already there, but I think there is some traffic problems and I think there is a way
to address those differently than simply not allowing a rezone. I lived on Cherry Lane
for nine years; I lived on it when it was a two-lane road as well, so I know what it was
like when it was like that. It's not like that anymore. Its not residential property any
longer, in my opinion, along Cherry Lane. I do think that there are means through the
highway district to address those traffic concerns, whether it's traffic calming, whether
it's sidewalks, whether it's something else on 1st Street and 2nd Street to make them
more viable for residential uses, but I don't think it -- I don't think those issues are the
same as this rezone application. I think those -- a couple of things we may want to
consider for the development agreement that is being requested is to make sure that
the neighbors have notice of whatever it is these folks want to build. Right now we don't
know what that is, so we can't design something without knowing what it's supposed to
look like. But I think we want to be sure that the people who live in the adjacent
neighborhood have some notice. We may want to consider expanding that notice
beyond just the 300 foot requirement to make sure it's clear that these people have
some opportunity to come and tell us what's going to be there and whether or not they
think that's compatible. And, again, secondarily, I guess I'm not -- I'm not interested or
wanting to have the condition recommended by the Planning and Zoning Commission
about the access to Cherry Lane is prohibited. I would just as soon delete that. I don't
know that access to Cherry Lane won't be the most appropriate access, I just have to
wait and see what the development looks like, but for this rezone, I don't see that as a
problem, I think it's more the use and when the use is going to be decided, then, we will
have an opportunity to make comment and the neighbors will have an opportunity to
provide comment and if we required that a neighborhood meeting be held, that would
also give them an opportunity to tell us what the uses are in relation to their
neighborhood and, like I said, in the meantime they certainly should be discussing some
of those other alternatives with the highway district, so that there is better traffic issues
to address now on their street, not from this development, but already exists, so it
doesn't continue to be a problem on their street. That's my thoughts.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I would like to address just a couple comments that I agree with. One, with the
developer, I agree that this is not a good residential property in the sense that there is a
Meridian City Council
September 14,2004
Page 37 of 39
large amount of traffic on Cherry Lane and the homes are very near that and I don't
think it's conducive to an R-4 zoning for residential. I also agree with the neighbors that
there is certainly a traffic issue on their street, as well as lack of sidewalks and those are
things that are important, but I don't believe this one specific development will affect
what's going on today. I think that I will also agree with the comment by the developer
that there has been a lack of communication and I -- where ever the breakdown was
there, I certainly think that going forward this Council can structure a development
agreement that will be conducive to allow everyone to have comment and input,
because we are just talking about a rezone right now, we are not talking about a use, a
specific use or a site plan. We have seen some options, which I -- I guess in my opinion
won't negatively impact this area. Those are my comments.
De Weerd: Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I, like Councilman Nary, am not sure how this rezone is going to impact
traffic and I just have to compliment Mr. Nary that I didn't realize that lawyers made such
reasoned traffic engineers.
Nary: I guess that's thank you.
Rountree: But -- and I don't disagree with not handcuffing the applicant or anybody else
in terms of access at this point, if we do move forward with the rezone. I think the
rezone is consistent with the Comp Plan. I think that the potential use as described
tonight is consistent with the buffer that currently exists on a good portion of Cherry
Lane in that vicinity with office space and very nice residential area behind it buffered
from the noise and busyness of Cherry Lane. So, I think this project has been a catalyst
that's identified some issues that are issues in not just this area, but other areas in the
city where we do have traffic issues on East -- well, I should say Main Street now and
Meridian Road, where people are finding alternative routes, because these facilities are
at or near capacity. I think when we get at the real problem and that's the traffic
circulation in downtown Meridian, that I would anticipate a good share of the issue of
cut -through traffic on East 1st and a little bit -- or West 1st and West 2nd should be
eliminated, so -- but I tend to be favorable towards this application.
De Weerd: Mr. Bird, do you need to add anything?
Bird: I think everybody's stated it pretty well.
De Weerd: Okay. You know, I appreciate all the comments and certainly where
Councilman Rountree said this is a catalyst, we appreciate public comment, because it
does make -- it does bring to light concerns that do exist and see how we can bring
some resolution to them and I do appreciate the ACHD's statements and maybe we can
Meridian City Council
September 14, 2004
Page 38 of 39
find some solutions for that area before an application would come back with the CUP,
so we know how things can look and certainly to explore the sidewalk options as new
and younger families come in, certainly we want to enhance those -- that safe route to
school and give them safety in getting to and from those educational facilities. So, I
appreciate your discussion, Council, and --
Canning: Madam Mayor?
De Weerd: Yes, Anna.
Canning: May I chime in on one thing? Councilmember Nary mentioned something
about maybe requiring a neighborhood meeting and I wanted to suggest that the one
tactic that the city of Boise uses for their neighborhood meetings -- it's not only the
property owners, but the residents within the 300 foot radius and the applicants can tell,
because it doesn't say 1 st Street or 2nd Street on it, so they are able to tell which ones
and they can just send it to the resident at those locations. So, I just wanted to offer
that as something to consider with regard to the communication problem that we have
had.
De Weerd: Well -- and certainly we can extend that -- the radius of that mailing as well?
Canning: Yes.
De Weerd: Okay. Council?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I would move the approval of Item 14, RZ 04-010, the Mittleider rezone for 125
West Cherry Lane and 1645 West 1st Street, to include all staff and public comments
and developer comments that have been made tonight, with the addition to the findings
from the Planning and Zoning Commission, the deletion of the sentence regarding the
access to Cherry Lane being prohibited and leaving that particular discussion for
another day and I think by deleting that it simply says that they may continue to use the
access along Cherry Lane currently until it redevelops. That also a condition of the
development agreement be that the applicant provide a neighborhood meeting and
provide notice to all the property owners and residents within 600 feet of this property.
I'm hoping that should be adequate. That's 200 yards. I think that's probably adequate
to provide notice to the surrounding neighbors as to whatever potential uses. I think the
other one is already prohibiting other types of commercial uses, so I think that condition
is adequate. And I think that's -- I think that's all the conditions necessary to address
the concerns for tonight.
Rountree: Second.
Meridian City Council
September 14, 2004
Page 39 of 39
De Weerd: Okay. It's been moved and seconded to approve Item 14 with the noted
changes. Any further discussion? Mr. Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 15: EXECUTIVE SESSION:
De Weerd: Thank you for coming. Item 15 is an Executive Session.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session per Idaho Code Section 67-2345(1)(e).
Nary: Second.
De Weerd: It's been moved and seconded to adjourn into Executive Session. Mr.
Clerk, will you, please, call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION:
MEETING ADJOURNED AT 10:22 P.M.
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