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HomeMy WebLinkAboutMay 7, 1996 C/C Minutes t 8 8 Meridian City Council May 7, 1996 Page 24 Morrow: Your thoughts concerning the 20 foot planting strip as opposed to 19 foot six. Rountree: Pretty close, I don't have a problem with that. Corrie: Mr. Tolsma, any comment?' Tolsma: (Inaudible) something in writing because there seems to be three people involved in the pump station. As far as the irrigation pipe line (inaudible) get all the parties involved so that everybody knows the rules of the game and hopefully the same rules. Bentley: I don't have a problem with the 19'6" planting strip but I too feel that since we are involved with three parties here on one universal project that we need some commitment on it. Corrie: Any further discussion? Entertain'a motion. Morrow: Mr. Mayor, I would move that we approve the preliminary plat for Dove Meadows NO.2 subdivision subject to receipt of letters of commitment to the pressurized irrigation system and to the common ditch system between Mr. Dan Woods and Wingate Subdivision and Mr. Leader of Dove Meadows. On the pressurized irrigation I would like to see the letter of commitment from both of those principles and Ted Sigmont of Packard Subdivision. Rountree: Second Corrie: Heard the motion by Mr. Morrow, second by Mr. Rountree, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED APRIL 16, 1996: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY ANGELA MILLER: Angela Miller, 1285 Crestmont Drive, was sworn by the City Attorney. Miller: I am requesting a conditional use permit for a child day care in my home for up to 12 children. Corrie: Where is this day care center? Miller: In my home. 8 8 Meridian City Council May 7,1996 Page 25 Corrie: The address? Miller: 1285 Crestmont Drive. Morrow: How many children will you have? Miller: Up to 12. Morrow: Let me ask you this, in your subdivision do the oovenants and restrictions that discuss home businesses? Miller: Yes I have discussed that with the contractor and I have, there is a letter in there that he has agreed to have that business in the subdivision. Morrow: The contractor has agreed to it or other property owners have agreed to it? Miller: There is a letter from the contractor because most of the subdivision has not been developed yet Then there has been a public hearing and the neighbors have been made aware of it. As far as I know there has been no disagreements with it. Rountree: Have you received and read and thought abOut the findings of facl that were prepared by Planning and Zoning and do you have any comments about those. Miller: No, I have read them and I have no comments they look fine to me. Corrie: Further questions from Council? Morrow: I have none for her I have one for counselor. Corrie: Okay thank you, anybody else from the public that would like to give testimony at this hearing? Mr. Morrow, any other questions? Morrow: Yes, with reference to the letter I would like to have the counselor read it and comment on it please. Crookston: I don't see this as an objection whatsoever. Morrow: My question to you would be is that something that ought to be attached for the CC&R's of the subdivision so that potential buyers are aware of that being an exception to the CC&R's? . 8 8 Meridian City Council May 7, 1996 Page 26 Crookston: The City really doesn't have control of the property pursuant to the CC&R's. ' I think it is wise to make sure the people are informed of the uses that are there which may be in violation of the CC&R's but there is no responsibility for the City to make sure that there is compliance. Someone does not like it and they want to pursue their action under the CC&R's if the CC&R's prohibit the use they can certainly do it whether or not the City has approved it or not. Morrow: I understand that, my question is that the City approves the CC&R's as a condition of approval of the subdivisiön, having approved those CC&R's as written if we approve the usage of this as a day care center should we not also require that as a appendix to the CC&R's? ' Crookston: We never have before I don't think it would hurt to require that but there is no requirement that we do require that. I understand that but my concern here is that really the home buyer is put between a rock arid a hard place from this standpoint, one is that we have some reasonable assurance in terms of the covenants and restrictions when they buy a lot within a subdivision or a house within the subdivision and that is how the subdivision is going to be operated. The City has approved those CC&R's and then a conditional use such as this the City turns around and approves the usage within the subdivision that could people in the subdivision at odds with each other and we end up being the bad guy. So I guess what I am saying is that I would like to see if we are going to do this and that it is approved by the developer that this letter be attached to those CC&R's so that the buyer has that option at the time of purchase to be aware that is a legal use and he buys with that knowledge and not at some point in the future to come back to the City and say why did you approve this use when the CC&R's say there is not to be that use. I understand the civil remedies that he has, I think it is a philosophical question. Crookston: I agree, (inaudible) it is a real problem Councilman Morrow, the City does not have any responsibility to enforce the covenants. If there is a violation of the covenants the City has no (inaudible) some type of procedure to enjoin that violation. It is really up to the lot owners themselves as to whether they desire to enforce the covenants. But you raise a very reasonable question. The question however becomes do we have jurisdiction to ask for this addition to the CC&R's when we are not dealing with the land owner that adopted the covenants. I don't know that we have the authority to say we are going ,to require it. I think that would be nice to let the people know that this is there but I don't believe that the City has any responsibility to do that. Rountree: Didn't we have that requirement some years ago and the courts decided we couldn't do that. ' 8 8 Meridian City Council May 7,1996 Page 27 Morrow: I think the issue there was, memory serves me, we were requiring the consent of 75% of the neighbors within 300 feet and some other things and I think what I am asking here is notification somewhere in the public record the average home buyer (End of Tape) Rountree: (Inaudible) to the CC&R's to allow those uses. I understand what you are saying because we are caught. Morrow: Well we end up being the bad guy here. Crookston: I think that you can request that the applicant notify the neighbors and you can request the applicant to send a letter to the people within 300 feet of the daycare. I don't think that we can say that the or require that the CC&R's be changed because the applicant is not the person who instituted the covenants. I think you can require her to inform the neighbors and do it if you destre periodically because you are dealing with the applicant. Bentley: The problem I see with that is how are you going to notify them if they are not there yet? They are going to be notified after the fact. Crookston: That is very true. Bentley: Then they have no real recourse then to put the for sale sign back up. Crookston: . Or try and enforce the covenants. It is no doubt that it is a problem and Councilman Morrow is correct and I don't see that the City has any duty or responsibility other than to make this applicant do something about it. The developer of the subdivision is not before the City at this time and that is when we require the CC&R's. Rountree: I just don't see whatever remedy we propose would be effective in any case. Crookston: I think it is reasonable to inform the applicant if the City does approve it that does not prevent an existing owner or a future owner coming back and saying hey you can't do this it is violation of the covenants. Between that person that does not want a conditional use there and the applicant. . Morrow: One final question, maybe in the future the issue is that in the covenants and restrictions before they are approved by us for a particular subdivision there is some method in there to deal with this type of thing. Crookston: That could be done. , ",-',' ,,' '; ", '-, "," ',- ,,'" , '" " , , --, ,.. "," - "'" -- "'".._---,, ',,' ,.,- --", - '" " , d"; -"...... , ""-",-------,--",.--,~--,--,...,-..,,--,,--,, 8 8 Meridian City Council May 7,1996 Page 28 Morrow: 50 ultimately we have a solution to the problem, we don't have it in this particular" case. Crookston: That is correct. Corrie: Any further discussion of the Council? , Rountree: Is the hearing still open then? Corrie: Yes it is still open, are you ready to make a decision? Crookston: Have you asked for additional testimony? Rountree: We have seen a number of conditional use transfers for these kinds of facilities in the last few months. One thing that is obvious is the amount of use of water and sewer tends to be higher than we predicted. We have usually started these operations out as a resident I would suggest that we look at changing that and possibly a few times rate for sewer and water and I would also suggest that we also. look at commercial rates for trash, it is a business. Corrie: Any further discussion from the Council? Morrow: I have none Corrie: I will close the public hearing. Rountree: I have a question for Council, Wayne if in a motion on this particular findings of fact that was approved by P & Z is it best to in the motion recommend additions, deletions or to request new findings of fact. Crookston :You can change the findings as you deem fit. Corrie: Do you have enough Mr. Counselor to do the findings of fact based upon the discussion tonight? 'Crookston: I,f you desire them to be changed yes. Morrow: I think we have a set of findings of fact before us I think that my interest in terms of adopting them to amend them to cover the two issues with respect to the water sewer and trash bill rates and then also to amend them to make the applicant aware of your terminology that approval does not preclude some citizen or some homeowner at future ,"" ",!,....,.'-,," ...,..",~:",:"--..:":",--,..--'.".-"":;c:":',1',,,,,,y,"-,;,'~----,.. ............'..-"-" ",m------ ,--"..".-,'.. .."'." 8 8 Meridian City Council May 7,1996 Page 29 time challenging the conditional use permit under the CC&R's. Rountree: Is that a motion? Morrow: It certainly is. Rountree: Second Corrie: This is for new findings of fact based upon what you are amended, (inaudible) you have heard the motion made by Mr. Morrow, second by Mr. Rountree, any further discussion on these? All those in favor? Opposed? ' MOTION CARRIED: All Yea Corrie: (Inaudible) approve the decision Morrow: Mr. Mayor I move we hereby adopt the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the amended findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. And that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code and other ordinances ,of the City of Meridian. The conditional use should be subject to review upon notice to the applicant from the City. ' Rountree: Second Corrie: Motion has been made and seconded by Mr. Rountree, any further discussion? Roll Call Vote. ROLL CALL VOTE: Morrow ~Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: AU Yea ITEM #6: TABLED APRIL 16,1996: REQUEST FOR SEWER HOOK UP: Corrie: This is a continuation from the last meeting. Mr. Cullip, Council any questions? Crookston: Mr. Mayor it was my understanding that the sewer department was going to present something this evening on this matter, Gary are you aware of that? Smith: Mr. Mayor and Council members, Bruce Freckleton had a video lined and dropped