HomeMy WebLinkAbout1990 05-15
AGENDA
MERIDIAN CITY O)UNCIL
MAY 15, 1990
:EM:
MINlJI'ES OF THE PREVIOUS MEEI'ING HElD May 1, 1990: (APPROVED)
MINUI'ES OF THE SPECIAL MEEI'ING HEll MAY 8, 1990: (APPROVED)
1: PUBLIC HEARING: REZONE REQUEST BY MAX BOFSIGER, INC: (MOTION 'IO RESEARCH FURTHER)
2: PUBLIC HEARING: REZONE REQUEST WITH c..x::tiIDITlOOAL USE PERMIT FOR DAY CARE
BY LINDA PADDXK: (FINDINGS 'IO BE PREPARED)
3: PUBLIC HEARING: REZONE REQUEST BY SHARCN OISEN: (APPROVED)
4: PUBLIC HEARING: PRELIMINARY PLAT ON MAL:I...ARDS L.Z\NDIN'G: (TABLED)
5: PUBLIC HEARING: REZONE REQUEST & PRLIMINARY PLAT ON DUNI'EN" SUBDIVISION BY
CAPITAL DE\lEWPMENT: (A1?1?ROVm.D)
6: PUBLIC HEARING: REQUEST FOR CONDlTONAL USE PERMIT BY BIDDICK & MILLER FOR
WEATHERVANE VILlAGE: (APPROVED)
7: PROPOSED I\MENDMENT 'IO THE 1989/1990FISCA:L.YEAR BUDGET: (APPROVED)
8: DEPARIMENT REPORrS:
MERIDIAN CITY COUNCIL
MAY 15, 1990
The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P.
Kingsford at 7:30 P.M.:
Members Present: Ron Tolsma, Bob Giesler, Bert Myers, Max Yerrington:
Others Present: Lee Sharp, Esther Sharp, Jim Johnson, Nadine Miller, Beth Biddick, Vern
Lowe, Rose Mary Lowe, George O'Connor, Robin Frazier, Joyce Law, John Calhoun, Nick
Hallett, Bill Mitchell, Sharon Mitchell, Dan Battazzo, Gary Smith, Bill Gordon, Wayne
Crookston, Gary Fors, Ted Johnson, Roy Johnson, Chris Korte, Jerry Phillips, Joni Rath,
Dixie Wood, Guy Walker, Dan Wood, Luther Hartshorn, Robin Frazier, Darlene Fullwood:
The Motion was made by Giesler and seconded by Tolsma to approve the Minutes of the
previous meeting held May L 1990 as written:
Motion Carried: All Yea:
The Motion was made by Yerrington and seconded by Myers to approve the Minutes of the
Special Meeting held May S, 1990 as written:
Motion Carried: All Yea:
Kingsford:. . Welcomed Boy Scout Troup #180 to the Meeting. The first.thing that we need
to talk about was left off of the agenda, we have received a letter from Joyce Law
requesting that she be able to move a mobile home onto her property.
Myers: Is one year sufficient at this point?
The Motion was made by Giesler and seconded by Tolsma to approve the placement of a mobile
home on her property for a one year period.
Motion Carried: All Yea:
ITEM #1: PUBLIC HEARING: REZONE REQUEST ,BY MAX BOESIGER, INC:
Kingsford: At this time I will open the Public Hearing. is there anyone present who
would like to offer testimony.
Chris Korte. 499 Main Street. was sworn by the attorney.
Korte: We have prepared for you a rather extensive document regarding the rezone
request.
Giesler: Do you have any idea how long before you plan on doing something with this
property?
Korte: I t,;rould have to refer that to Mr. Boesiger. but they are in the process of
preparing that subdivision plat and proceeding forward with the development.
Giesler: I have a little problem with just rezoning property and then nothing is done
with the property.
Korte: They are in the business of developing and they have done alot of development in
the City. we feel that this proj ect is very key to being able to develop that site.
MERIDIAN CITY COUNCIL
MAY 15, 1990
PAGE 2
Tolsma: The Comprehensive Plan for Meridian specifies one corner, we already have one
corner that is zoned that way, so we would have to amend the comprehensive plan to allow
two corners.
Korte: We felt that the project met 95% of all the policies stated within the Comprehensive
Plan. I feel that there is some conflicting statements made in there and it is going to
be up to the City Council. The other corner has been zoned since 1974.
Kingsford: I have some real concerns about land banking. I feel that one corner is
all that needs to be there, if you do two then there will be pressure to also do the
other two corners.
Korte: The thing about this application is being in combination with their subdivision
plat that they will be establishing that land use decision stopping strip commercial
development west of Linder Road by the development of the subdivision.
Kingsford: We have some pre-planning and we have a corner zoned already at Ten Mile Road
the council would be looking at a real presidence if they grant one here.
Korte: I think that you have to look at each one of these applications on their own Merit.
I just don I t believe that zoning one small corner is going to be adequate to meet the
demand.
Kingsford: Of course he had the same situation he developed a subdivision and left that
lot out, it is no different than what we have here, and there is still no assurance that
this developer will develop it either. Another concern I have it that there are rumors
to the effect that you guys are dropping that subdivision plat, is this conditioned upon
going forward with that or - -
Korte: We would be able to inigrate this in as a development within the project if that
can some how establish conditions that in deed this site will development in an orderly
fashion.
Kingsford: Wayne what is your analyis of that part of the comprehensive plan.
Crookston: It is certainly a part of the plan, it's my understanding that there is a proposal
to delete that from the plan, it has been discussed.
Kingsford: For us to act on this without changing it we would be in violation of our own
plan tvould we not?
Max Boesiger, 1399 E. Monteray Dfive, was sworn by the attorney.
Boesiger: We really do fully intend to go through with the project. We are continuing
on with the Final Plat for Phase 1. We have had interest in commercial but they weren't
going ahead with anything until they kne\<I that we had the zoning.
Giesler: A rezone once a permit has been taken out, would that even be legal?
MERIDIAN CITY COUNCIL
MAY 15, 1990
PAGE /13
Boesiger: One other point on the single corner issue I would just like to reitterate
that your plan doesn't say shall be a single corner only, but should be. We are
likewise not interested in doing strip connnercial.
Kingsford: I really think that we would be looking at an amendment to the Comprehensive
Plan.
Korte: Explained Policy tt2 & 1t3.
Kingsford: Anyone else from the public who wishes to offer testimony. Being no
response the Public Hearing was closed.
Myers: It looks to me that we need to have a determination on the Comprehensive Plan.
What's your recommendation on how we would go about changing that?
Kingsford: I don I t recall seeing anything in the Findings for the Planning & Zoning
abou t this.
Crookston: You could table it for additional Findings, you can table it on whether or
not it is in compliance with the Comprehensive Plan.
Kingsford: What's your opinion on the Plan Unit Development thing.
Crookston: You have more control on Plan Unit Development. To go ahead with the options,
you could grant it and then proceed with the Comprehensive Plan and amend it subsequent
which is not preferable, deny it or table.
Tolsma: We might look at conditional zoning.
Myers: The Plan Unit Development sounds better to me.
Kingsford: What about tableing it until they come forward with a plan, user?
Crookston: I think in order to do that you would have to have a basis for denial.
Kingsford: Couldn't we just table it.
The Motion was made by Myers and seconded by Tolsma for the attorney to research the
Comprehensive Plan and also on the conditional zoning.
Motion Carried: All Yea:
ITEM1t2: PUBLIC HEARING: REZONE REQUEST WITH CONDITIONAL USE PERMIT FOR DAY CARE BY
LINDA PADDOCK:
Kingsford: I will ask Councilman Tolsma to preside over this, I live wi thin the close
proximity.
Tolsma: I will open the Public Hearing, is there anyone present who wishes to offer
testimony.
MERIDIAN CITY COUNCIL
MAY 15, 1990
PAGE #4
George O'Connor, 1819 Crestmont Drive, was sworn by the attorney.
O'Connor: Read a petition listing six items of opposition to this Day Care facility.
There were 29 signatures on these petitions. Petitions are entered as part of the record
and are on file in the Clerk's office.
Jerry Phillips, 544 W. Cherry, was sworn by the attorney.
Phillips: How many kids where they have there in the summer when school is out? Also
if it goes through a sound barrier fence on the west side of the property, I'm just
70 ft. from that property line.
Joni Rath, 631 Lawndale Drive, was sworn by the attorney.
Rath: One of my concerns is how many kids are going to be there, the traffic problems,
the noise. Meridian does need quality child care but not in a small home.
Dixie Wood, 628 Lawndale Drive, was sworn by the attorney.
Wood: Concerned about traffic, hopes the council will take the time to go out and take
a look at the traffic. There are only 6 parking spaces also which is not enough.
Guy Walker, 2555 Misty Drive, was sworn by the attorney:
Walker: I am here representing Linda Paddock. We appreciate the P & Z recormnendation,
we would also like to address their concerns. One of the concerns was the parking lot
redesign and I did provide the City a redesign of the parking lot. The redesign provides
for 3 employees parking and the possibility of a fourth, room for six visitors across
the front. One of the other concerns of the P & Z is the deed restrictions. After
reviewing the deed we could find nothing on the deed that restricted the use of this
property. Covenants - our interpretation of the covenants reading every other lot other
than the lot that has been zoned. Only half of the lot has been zoned commercially
, but the property has had a conditional use permit using the property as a commercial
piece of property. The building is not built for residential use it is strictly built
for a commerical project. A letter from Attorney Jack Riddlemoser was entered into
the record. Cherry Lane is the only four laned road in Meridian which will help traffic
go from Crestmont to Cherry. What better place can you have a day care than right at
that area. The traffic is not a problem it is a concern. It will be completely fenced
wi th a solid fence 6 ft. high.
Giesler: On your new layout, they are still going to be backing out onto Crestmont.
Is this existing structure to scale with the lot.
Walker: Yes they would be backing out onto that street. No I wouldn rt swear to that.
Giesler: First you mentioned the shelter home being a business already at this location,
first you have to realize that there would not be the amount of traffic with a shelter
home than with a day care facility. Voiced real concerns with the traffic situation.
I don I t see how 35-45 kids can be in that small yard.
Walker: I would have to confer with the client to see about restricting the number
to be at the day care. There would not be 45 at one time out in the yard.
MERIDIAN CITY COUNCIL
MAY 15, 1990
PAGE #5
Yerrington: What would be the maximum age of children she would be caring for.
Walker: Up to twelve years old.
Yerrington: What would be the average age then?
Walker: Probably 6 or 7.
Yerrington: So that means in the summer time they could have 40 to 45 children there
all day long, right?
Walker: Possibly, yes. There is going to be one person for every ten children to supervision.
Giesler: The 45 is the maximum she could have at one time. So if one child left another
could come and fill that spot.
Walker: No, you can only enroll 45.
Giesler: As long as there is 45 there at one time, if one leaves then one can take
that place I think.
Crookston: I don't know what the requirements are for a Day Care Center.
Myers: You can have 45 enroll but they may not all be there at the same time
Walker: That I s correct.
Myers: The maximum you can have at one time and the maximum that are enrolled could
be different.
Walker: Yes.
Tolsma: I agree with Mr. Giesler's comments. The traffic is already backed up getting
out onto Cherry Lane. People cut accross the parking lot to get out on Cherry Lane.
The traffic is a problem, I went over and watched the traffic flow.
Walker: It sounds like the neighbors have a problem with Circle K.
Dan Wood, 628 Lawndale, was sworn by the attorney.
Wood: Had questions about the parking. There would have to at least five spaces for
the employees if there were 45 kids there. When the Conditional Use Permit was issued
it was with the intent that older people would be at the Shelter home without cars.
A majority of the neighbors do not want this and I am opposed also.
Tolsma: Anyone else to testify, being no response the Public Hearing was closed. Do
we have to have new Findings on this?
Crookston: I think there have been enough issues raised that it I S appropriate for new
Findings.
Myers: Most of the testimony tonight is about traffic conerns.
The Motion was made by Giesler and seconded by Myers to have the attorney to prepare
the Findings of Fact and COnclusions of Law.
Motion Carried: All Yea:
MERIDIAN CITY COUNCIL
MAY 15, 1990
PAGE fl:6
ITEM #3: PUBLIC HEARING: REZONE REQUEST BY SHARON OLSEN:
Kingsfo:t:d: I will open the Public Hearing at this time, is there anyone that would
like to offer testimony?
Bill Mitchell, 1413 W. 7th, was sworn by the attorney:
Mitchell: Three things I wish you would take into consideration. One being the location
of the driveway into this property, second concern is putting a forty foot building about
eleven feet from my back fence, my final concern is about the upkeep of the building.
Kingsford: A single family dwelling can be at that same height. Anyone else to testify?
Vern Lowe, 1425 W. 7th, was sworn by the attorney.
Lowe: Units like this donlt really bring a family type atmosphere to an area that is
family homes. This creates problems for the neighbors that live close like I do. It
is kind of an invasion of privacy. If another one is approved I'm afraid that it will
bring in undesirable rentals. I have nothing against Sharon she went in there years
ago and she cleaned the place up and it looked like it was going to be well maintained
and taken care of, no matter how good of a landlord you are you can I t descriminate against
the ones that do want to rent.
Giesler: Is there just a chain link fence behind this development?
Lowe: My home h3sa chain link fence and I put in pickett stakes 6' high.
Giesler: Is there any fence behind the other developments that are taking place.
Lowe: No.
Duane Olsen, 2621 Autumn Way, was sworn by the attorney.
Olsen: I represent the people accusing people of other people being less desirable.
I have two daughters that have only been married a few years and they plan on living
in these apartments. Sharon has contributed alot to that neighborhood. She is a good
landlord and I do resent people referring to people that have to rent as being undesirable.
Kingsford: Anyone else from the public, seeing none I will close the Public Hearing.
Giesler: I had a questions of Sharon Olsen. Was the sidewalk going to stay in there?
Kingsford: I will reopen the Public Hearing at this time.
Sharon Olsen, 807 E. WaShington, Boise, was sworn by the attorney.
Olsen: Yes.
Giesler: That is going to go beside the driveway that you have proposed.
Olsen: That is a proposed plan. I think it would be alot better if the drive did come
in from the other side of the property.
MERIDIAN CITY COUNCIL
MAY 15, 1990
PAGE #7
Giesler: I would hate that walkway get blocked off.
Clerk Niemann: It's a permanent easement.
Kingsford: In Mr. Mitchell's letter it spoke of parking behind the unit, is that stil
your plan?
Olsen: No.
Kingsford: That has changed?
Olsen: Yes, it has.
Kingsford: How do you plan to deal with the power poles and that sort of thing?
Olsen: It was all marked on the proposed site plan.
Giesler: I don't believe ACHD's comments were in for P & Z, do you have any problems
with those comments?
Discussion. Tape on File.
Kingsford: Is there anyone else who would like ito offer testimony, being no response
I will close the Public Hearing.
Giesler: This is a very tough decision. I do feel for the rest of the neighbors having
something that large being build next to them.
The Motion was made by Giesler and seconded by Yerrington to approve of the Findings
of Fact and Conclusions of Law.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Myers - Yea:
Motion Carried: All Yea:
The Motion was made by Giesler and seconded by Tolsma to draw up the Ordinance wi th
the stipulation that it have design review.
Motion Carried: All Yea:
ITEM #4: PUBLIC HEARING: PRELIMINARY PLAT ON MALLARDS LANDING:
Kingsford: I will open the Public Hearing, is there anyone who would like to offer
testimony?
Gary Fors, 843 Lilac, was sworn by the attorney.
Fors: I haven I t seen the final plat on this phase. The one concern that I have is
the traffic pattern, they will have to come out onto Linder Road.
MERIDIAN CITY COUNCIL
MAY IS, 1990
PAGE #:8
There isn't any reason not to punch it out onto Waltman Lane and enhance into Meridian
Road, which I think in the future will be done anyhow. A little respect for the neighborhood
is in good consideration. Also I do have a business that adjoins this on the south,
I would like to see a fence put in along the property line.
Nick Hallett, 7500 Hidden Valley Drive, was sworn by the attorney.
Hallett: Is this for 89 homes? I am here representing Meridian School District and
we've not become very involved in opposing growth. The School District recognizes that
we need economic development, a good economy for our economony and our school district
both. There comes a point and time that we have to address the overcrowding needs
in our school district. Explained overcrowding in schools at Meridian now. We I ve reached
a point where we have to oppose residential growth in our school district unless we
can get a pledge from officials responsible for growth. We need your support.
Kingsford: What your asking for is basically support for bond issue and support for
development fees. What has happened with the issue of Lottery money and the possibility
of using that as a 50/50 match in a bond issue.
Hallett: We intend to use the proceeds from the lottery fund for this coming year and
the next year to help us meet the demands in that bond issue. If we could use a combination
of all three the development fee, the lottery and the bond issue it would help.
We need support going into that.
Tolsma: Would your development fee be similar to the one that ACHD is proposing?
Hallett: Basically what we are proposing is just 3% of construction value of residential
homes.
Kingsford: Thank you, those are concerns that we all share. Anyone else from the public
who wishes to testify?
Dan Battazzo, 3076 Gretchen Way, was sworn by the attorney.
Battazzo: I am here to support Dr. Hallett in the things that he just expressed to
you.
Luther Hartshorn, 465 Linder Rd., was sworn by the attorney.
Hartshorn: At the SW corner of this development there is one lot that faces onto Linder
Road and that piece of property isn't really like the rest of the development. That
piece of property ought to be taken and used for square footage for a burro or some sort
of green belt thing along the sidewalk. At Franklin & Linder Road that intersection
already needs to have a stop light. We increased housing we are going to need to sort
of traffic regulation.
Robin Frazier, 3301 Kingswood Way, Boise, was sworn by the attorney.
Frazier: Voiced concerns about classsroom overcrowding. I would like to see no more
growth in our school district until we get some schools on line.
John Calhoun, 660 S. Linder, was sworn by the attorney.
Calhoun: On the 3% they want to charge, there are two ways about this the developer
is not going to pay for this out of his own pocket.
MERIDIAN CITY COUNCIL
MAY 15, 1990
PAGE #9
Calhoun: It I s going to cost the younger people that I s trying to buy a home. On the
other hand I don I t like to see taxes raised for school pcoperty, I am getting up. to retice-
ment age, every year our taxes go up. I'm in favor of running these schools 12 months
a year. I am in favor of another access, oc put in a stop light.
Kingsford: Anyone else from the public who wishes to testify?
Matie Livingston. 465 S. Linder. was sworn by the attorney.
Livingston: I am concerned about the amount of impact. the amount of houses on such a
small piece of land. The houses that are already in on Linder Road are to close together
and the houses are to large for the lots. The area cannot contain that much human
impact. A burm needs to be put in along Linder.
Kingsford: Anyone else?
Ted Johnson. 5330 Farrow Street.. Boise was sworn by the attorney.
Johnson: I am the applicant in this re que st. I. would like to describe what we are
planning here. Some of the features in this first phase would be a large landscaped
burm on Linder. we would not have a fence. The burm will be landscaped with trees
and shrubery and a meandering sidewalk. & two access's on the street. The proj ect
abutts Ten Mile Creek. there is a creek along there and there is a roadway access
along that and it is our intention to put in a fence along that and some screening
for trees to give it some greenery. The lots here are quite a bit larger than
the minimum. I don't think there is anyone that has worked harder to help the School
District than I have. In another Phase of our work, we are developing a high tech research
center in Boise, and I can tell you that within the last twelve because of our efforts
over fourteen million dollars worth of new building will come on the tax rolls in the
Meridian School District. If that isn't helping I don't know what is. I don't
generate the people that corne into my subdivisions.
Kingsford: Having gone through teaching here in Meridian I have seen the cycle that
you are talking about. We need to keep everything in some sort of prospective.
Engineer Smith: I just wanted to reiterate the impact of a subdivision of this size.
It's 110 acres and probably looking at 390 residential units. I did request an
overall concept plan for the layout plan of this subdivision, I have received this.
I also requested an overall plan for the water arid sewer system including fire flow
demands, etc.. I haven 1 t been in contact with Mr. Johnson the proj ect engineer since
then to see what he has corne up with. One other item that needs to be addressed is
access to the subdivision from arterial and minor arterial streets. I think that
those three things are important. I just want to be sure of where we are going.
Giesler: You haven't seen anything about traffic study at Linder & Franklin.
Smith: No I haven 1 t. On a preliminary plat basis I think it is real important that
the whole picture be looked at.
Giesler: Why wasn I t that intersection taken care of when they did that construction
out there last year? At Waltman & Meridian Road.
Kingsford: When the Nahas property is developed, that is part of there scheme is that
that intersection ~.;'ill have to be improved.
MERIDIAN CITY COUNCIL
MAY IS, 1990
PAGE 1110
Kingsford: Anyone else from the public to testify?
Roy Johnson, 6017 W. State Street, Boise was sworn by the attorney.
Johnson: I am the project engineer on this project. In response to Gary's comments,
we are in the process of preparing plans and design and ,ve will be submitting that
to him sometime next week including the analysis of the water system. With regards
to ACHD, I have a letter here dated April 23 stating some site specific conditions
that he has put in here. Explained the conditions set forth.
Kingsford: Anyone else to testify? Being no response the Public Hearing was closed.
The Motion was made by Giesler and seconded by Tolsma to table this until the next
meeting June 6th.
Motion Carried: All Yea:
ITEMI!5: PUBLIC HEARING: REZONE REQUEST & PRELIMINARY PLAT ON DUNTEN SUBDIVISION BY
CAPITAL DEVELOPMENT:
Kingsford: At this time I will open the Public Hearing, if you wish to testify please
forward and be sworn.
Darlene Fallwood, 1800 Sunrise Rim, Boise, was sworn by the attorney.
Fallwooo: I to come before you as a School District Representative, I currently am
the director of Elementary Education and I'm presently dealing with the overcrowding.
I am continuing to ask you to respond to his request for support a development fee and
that you also support an upcoming bond levy.
Roy Johnson, 6017 W. State Street, Boise, was sworn by the attorney.
Johnson: I am project engineer on this project also. We are asking for a zone change
for this property the,:specific reason for that is the area surrounding we have an R-lS
zone directly to the west and to the north is zoned R-4, however the lots in that particular
subdivision are smaller because it's a older subdivision. We have submitted the plans
to your engineer for review and we've complied with everything that he has requested.
Giesler: What price range of home will there be?
Johnson: The lowest end would be $70,000. up to about $100,000.
Giesler: How soon does he plan on starting construction?
Johnson: Immediately, as soon as Gary approved the plans we will be starting.
Giesler: What about the pressurized irrigation.
Johnson: We have the pressurized irrigation design as submitted according to the Ordinance.
Kingsford: Anyone else from the public?
MERIDIAN CITY COUNCIL
MAY 15, 1990
PAGE #11
Giesler: Do either Gary or Bill forsee any problems with acess to Cherry Lane?
Eng. Smith: I doubt there is enough traffic to warrant a traffic light.I'm sure there
will be some problems getting out.
Kingsford: Anyone else who wishes to testify?
Ramon Yorgensen, 5005 Cher Place, was sworn by the attorney:
Yorgensen: ACHD has looked at the project, and certainly they are concerned about traffic
flow, and they have indicated to us that they think this is a good project.
Kingsford: Anyone else? Being no response the Public Hearing is closed.
Giesler: I understand that we do definitely have a problem with overcrowding in schools.
It is really hard to turn this down when we are trying to promote good clean industry
into this area, I think there is another board that needs to work on these solutions
with us.
The Motion was made by Giesler and seconded by Yerrington to approve the Findings of
Fact and Conclusions of Laws provided by Planning & Zoning.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Myers - Yea:
Motion Carried: All Yea:
The Motion was made by Giesler and seconded by Myers to have the attorney prepare the
rezone ordinance for the property.
Motion Carried: All Yea:
ITEM #6: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY BIDDICK & MILLER FOR
WEATHERVANE VILLAGE:
Kingsford: I will open the Public Hearing, is there anyone present who wishes to testify.
Darlene Fullwood, 1800 Sunrise Rim, Boise, was sworn by the attorney.
Fullwood: I come before you again to ask that you recognize the needs for our schools.
Kingsford: Anyone else present.
Nadine Miller, 6203 Edgewater Dr., Boise, was sworn by the attorney.
Miller: This rezone will have the positive benefit to the City of Meddian of finally
completing a project that was begun several years ago and putting it onto the tax rolls.
This project has had slow growth because it was for mobile homes and manufactured homes.
We have felt the need to go with custom built homes. It's been a nice clean project,
I can't say what impact there will be on the schools. We do have a buyer for the
unfinished portion of that.
Tolsma: In the Findings they requested a smaller size 960 sq. feet.
Miller: That's what the project has carried all along as a minimum.
MERIDIAN CITY COUNCIL
MAY 15, 1990
PAGE #12
Further Discussion. (Tape on file)
Kingsford: Anyone else to testify, being no response the Public Hearing was closed.
Giesler: What setbacks are we going to go by?
Kingsford: I think that you Ive got to go with modular home setbacks given that the
subdi vision was started that way.
The Motion was made by Tolsma and seconded by Myers to approve the Findings of Fact
and Conclusions of Law.
Roll Call Vote: Yerrington - Yea; Giesler - Yea~ Myers - Yea; Tolsma - Yea:
Motion Carried: All Yea:
The Motion was made by Tolsma and seconded by Yerrington to approve the Conditional
Use Permit & Variance for Weathervane Village.
Roll Call Vote: Yerrington - Yea; Giesler - Yea~ Myers - Yea; Tolsma - Yea:
Motion Carried: All Yea:
ITEM #7: PROPOSED AMENDMENT '10 THE 1989/1990 FISCAL YEAR BUDGET:
Kingford: You've had in your boxes an amended budget proposal, if we're to look at
amending the bUdget to receive the Federal Grant for the drug enforcement officer and
to take advantage of developers contributions to extend sewer at two localali ties.
The Motion was made by Myers and seconded by Giesler t9approve of the Amendment.
Motion Carried: All Yea:
ITEM #8: DEPARTMENT REPORTS:
Eng. Smith: This concerns Well #12. The City received two letters, one from Pete Cope
& one letter from his attorney. Basically Mr. Cope is saying that he will provide the
letter of credit for Drilling of Well #12 which we cannot accept and he is requesting
his bid bond returned to him, his basis for that request is that it was his understanding
that at the time of the bid that letter of credit was acceptable.
Kingsford: I do think we need a release from Cope and then proceed with that well,
and with your permission we'd like to proceed that way.
The Motion was made by Tolsma and seconded by Giesler to authorize the Mayor to send
back the bid bond upon receiving a letter from Cope.
Motion Carried: All Yea:
Eng. Smith: The Ten Mile Road sewer and water line extension project is out for bid,
bids will be opened May 23rd. The Ten Mile Creek sewer plans are to the stage where
I should receive a preliminary copy, Friday morning 11m meeting with the Engineer to
review those. Crestwood Estates sewer line extension that will eliminate the Franklin
square lift station, the preliminary plans are on my desk now for that.
MERIDIAN CITY COUNCIL
MAY 15, 1990
PAGE #13
Chief Gordon: The four ordinances that were in your boxes, I realize that you haven't
had time to look at those. At the time those were drawn up two of them were pressing
issues, one has eliminated itsself temporarily, there is still one that is a pressing
issue, I would like to see some action on as soon as you get the opportunity to, and
that I s the curfew ordinance.
Kingsford: ORDINANCE NO. 528: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION
8-501, ESTABLISHING AGE FOR TIME LIMIT, OF THE REVISED AND COMPILED ORDINANCES OF THE
CITY OF MERIDIAN: RE-ADOPTING SAID SECTION 8-501, ESTABLISHING AGE FOR TIME LIMIT, 'IO
PROVIDE THAT IT BE UNLAWFUL FOR ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS 'IO BE OR
'IO REMAIN, ON THE STREETS AFTER MIDNIGHT, WITHOUT AN EXCEPTION: AND PROVIDING AN EFFECTIVE
DATE.
Is there anyone present who wishes to have Ordinance No. 528 read in it's entirety?
The Motion was made by Myers and seconded by Yerdngton that the rules and provisions
of 50-902 and all rules and provisions requiring that Ordinances be read on three different
days be dispensed with and that Ordinance Number 528 be passed and approved.
Roll Call Vote: Yerrington - Yea: Giesler - Yea: Myers - Yea: Tolsma - Yea:
Motion Carded: All Yea:
Yerdngton: Myself and Mr. Myers met last week and went over the Building Inspector's
pay scale. We did it for two periOdS of time. The first was for the 6~ years and we
went back thirteen (13) years beyond that, in the last 6~ years the monthly average
pay of our Building Inspector was $2,325.90. The previous thirteen years the average
pay was $1416.00. We arrived at the conclusion that to hire a Building Inspector would
cost a fdnge benefit to the City of approximately $800.00 a month, this would be on
top of the going wage that you would have to pay this individual. We arrived at the
conclusions that we should leave for the next two years and then review the matter again.
Clerk Niemann: I have some weeds down in a field at the end of W. Idaho, I need Council
approval to get them cleaned up.
The Motion was made by Myers and seconded by Giesler to approve. the cleaning up of the field
at W. Idaho.
Motion Carried: All Yea:
The Motion was made by Myers and seconded by Yerdngton to adjourn at 10:25 P.M..
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
~~~~
G P. KING fa I '
ATTEST:
~CJ.--
... ACK NIE
We the undersigned DO objec~ to Linda Poddock using the ~_operty at 1717
Crestmont Drive, Meridian, for the purpose of "Inchworm" Day Care.
We understand that three-fourths (75%) of those persons owning property
within 300 feet must agree to this Conditional Use before the proposed use
will be considered.
We have the following reasons for our decision:
1) The corner of Crestmont Drive and Cherry Lane serves a Circle K
convenience store, which creates traffic dangers not normally present on
other access street leading to Cherry Lane. The patrons of Circle K pull
out on to either Cherry Lane or Crestmont Drive, sometimes not realizing
that another drive is making a turn from one street to another through the
intersection. Mr. Terry Jones, the manager of the Circle K estimates that
he has 200 to 300 customers from the hours of 8:00 am to 9:00 am.
2) This intersection is also the ingress and egress route for the
subdivisions, Meridian Manor #1 and #3, since it is the only way to get
access to the traffic grid.
3) Pedestrian and bicycling traffic in the vicinity, usually children,
would have increased danger.
4) Over the next several years one can expect the traffic on Cherry Lane to
only increase as areas, to the west, already commercially zoned are fully
utilized and more residential areas are built up.
5) The facilities at 1717 Crestmont Drive do not have adequate parking.
This would force the 5 employes workers at the facility to park their cars
on the street, thus reducing visibility near the intersection. Parents
dropping their children off would be pulling out of the seven parking spaces
which are available directly in to Crestmont Drive into line of traffic.
Also, parents may decide to drive on down the street and use the
residential streets or driveways for U-turns.
6) The 40 to 45 children being cared for will generate 20 to 45 additional
cars using this intersection each morning AND each evening. This, along
with existing traffic flow, would congest this entrance to the subdivision
excessively.
NAME I PHONE I DATE I ADDRESS
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We the undersigned DO obje6~ to Linda Poddock using the ~~operty at 1717
Crestmont Drive, Meridian, for the purpose of "Inchworm" Day Care.
We understand that three-fourths (75%) of those persons owning property
within 300 feet must agree to this Conditional Use before the proposed use
will be considered.
We have the following reasons for our decision:
1) The corner of Crestmont Drive and Cherry Lane serves a Circle K
convenience store, which creates traffic dangers not normally present on
other access street leading to Cherry Lane. The patrons of Circle K pull
out on to either Cherry Lane or Crestmont Drive, sometimes not realizing
that another drive is making a turn from one street to another through the
intersection. Mr. Terry Jones, the manager of the Circle K estimates that
he has 200 to 300 customers from the hours of 8:00 am to 9:00 am.
2) This intersection is also the ingress and egress route for the
subdivisions, Meridian Manor #1 and #3, since it is the only way to get
access to the traffic grid.
3) Pedestrian and bicycling traffic in the vicinity, usually children,
would have increased danger.
4) Over the next several years one can expect the traffic on Cherry Lane to
only increase as areas, to the west, already commercially zoned are fully
utilized and more residential areas are built up.
5) The facilities at 1717 Crestmont Drive do not have adequate parking.
This would force the 5 employes workers at the facility to park their cars
on the street, thus reducing visibility near the intersection. Parents
dropping their children off would be pulling out of the seven parking spaces
which are available directly in to Crestmont Drive into line of traffic.
Also, parents may decide to drive on down the street and use the
residential streets or driveways for u-turns.
6) The 40 to 45 children being cared for will generate 20 to 45 additional
cars using this intersection each morning AND each evening. This, along
with existing traffic flow, would congest this entrance to the subdivision
excessively.
NAME I PHONE I DATE I ADDRESS
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We the undersigned DO object to Linda Poddock using the property at 1717
Crestmont Drive, Meridian, for the purpose of "Inchworm" Day Care.
We understand that three-fourths (75%) of those persons owning property
within 300 feet must agree to this Conditional Use before the proposed use
will be considered.
We have the fOllowing reasons for our decision:
1) The corner of Crestrnont Drive and Cherry Lane serves a Circle K
convenience store, which creates traffic dangers not normally present on
other access street leading to Cherry Lane. The patrons of Circle K pull
out on to either Cherry Lane or Crestmont Drive, sometimes not realizing
that another drive is making a turn from one street to another through the
intersection. Mr. Terry Jones, the manager of the circle K estimates that
he has 200 to 300 customers from the hours of 8:00 am to 9:00 am.
2) This intersection is also the ingress and egress route for the
sUbdivisions, Meridian Manor #1 and #3, since it is the only way to get
access to the traffic grid.
3) Pedestrian and bicycling traffic in the vicinity, usually children,
would have increased danger.
4) Over the next several years one can expect the traffic on Cherry Lane to
only increase as areas, to the west, already commercially zoned are fully
utilized and more residential areas are built up.
5) The facilities at 1717 Crestmont Drive do not have adequate parking.
This would force the 5 em~loyes workers at the facility to park their cars
on the street, thus reduclng visibility near the intersection. Parents
dropping their children off would be pulling out of the seven parking spaces
which are available directly in to Crestmont Drive into line of traffic.
Also, parents may decide to drive on down the street and use the
residential streets or driveways for U-turns.
6) The 40 to 45 children being cared for will generate 20 to 45 additional
cars using this intersection each morning AND each evening. This, along
with existing traffic flow, would congest this entrance to the subdivision
excessively.
NAME I PHONE I DATE I ADDRESS
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We the undersigned DO objec~ to Linda Poddock using the p~operty at 1717
Crestmont Drive, Meridian, for the purpose of "Inchworm" Day Care.
We understand that three-fourths (75%) of those persons owning property
within 300 feet must agree to this Conditional Use before the proposed use
will be considered.
We have the following reasons for our decision:
1) The corner of Crestmont Drive and Cherry Lane serves a Circle K
convenience store, which creates traffic dangers not normally present on
other access street leading to Cherry Lane. The patrons of Circle K pull
out on to either Cherry Lane or Crestmont Drive, sometimes not realizing
that another drive is making a turn from one street to another through the
intersection. Mr. Terry Jones, the manager of the Circle K estimates that
he has 200 to 300 customers from the hours of 8:00 am to 9:00 am.
2) This intersection is also the ingress and egress route for the
sUbdivisions, Meridian Manor #1 and #3, since it is the only way to get
access to the traffic grid.
3) Pedestrian and bicycling traffic in the vicinity, usually children,
would have increased danger.
4) Over the next several years one can expect the traffic on Cherry Lane to
only increase as areas, to the west, already commercially zoned are fully
utilized and more residential areas are built up.
5) The facilities at 1717 Crestmont Drive do not have adequate parking.
This would force the 5 em~loyes workers at the facility to park their cars
on the street, thus reduclng visibility near the intersection. Parents
dropping their children off would be pulling out of the seven parking spaces
which are available directly in to Crestmont Drive into line of traffic.
Also, parents may decide to drive on down the street and use the
residential streets or driveways for U-turns.
6) The 40 to 45 children being cared for will generate 20 to 45 additional
cars using this intersection each morning AND each evening. This, along
with existing traffic flow, would congest this entrance to the subdivision
excessively.
NAME I PHONE J DATE I ADDRESS
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We the undersigned DO objec~ to Linda poddock using the p~operty at 1717
Crestmont Drive, Meridian, for the purpose of "Inchworm" Day Care.
We understand that three-fourths (75%) of those persons owning property
within 300 feet must agree to this Conditional Use before the proposed use
will be considered.
We have the following reasons for our decision:
1) The corner of Crestmont Drive and Cherry Lane serves a Circle K
convenience store, which creates traffic dangers not normally present on
other access street leading to Cherry Lane. The patrons of Circle K pull
out on to either Cherry Lane or Crestmont Drive, sometimes not realizing
that another drive is making a turn from one street to another through the
intersection. Mr. Terry Jones, the manager of the Circle K estimates that
he has 200 to 300 customers from the hours of 8:00 am to 9:00 am.
2) This intersection is also the ingress and egress route for the
subdivisions, Meridian Manor #1 and #3, since it is the only way to get
access to the traffic grid.
3) Pedestrian and bicycling traffic in the vicinity, usually children,
would have increased danger.
4) Over the next several years one can expect the traffic on Cherry Lane to
only increase as areas, to the west, already commercially zoned are fully
utilized and more residential areas are built up.
5) The facilities at 1717 Crestmont Drive do not have adequate parking.
This would force the 5 em~loyes workers at the facility to park their cars
on the street, thus reduclng visibility near the intersection. Parents
dropping their children off would be pulling out of the seven parking spaces
which are available directly in to Crestmont Drive into line of traffic.
Also, parents may decide to drive on down the street and use the
residential streets or driveways for u-turns.
6) The 40 to 45 children being cared for will generate 20 to 45 additional
cars using this intersection each morning AND each evening. This, along
with existing traffic flow, would congest this entrance to the subdivision
excessively.
NAME I PHONE I DATE I ADDRESS
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May 4, 1990
Dear Mayor Kingsford and City Council Meml::ers:
I am writing this letter to request approval to put a mobile home on
my property. My property, consisting of approxlinately 2 acres, is
located on the corner of Meridian Foad and Waltman Lane.
Inasmuch as my husband recently passed away, and I am alone, I would
feel more secure if I had family members living close by. Hy daughter
and husband and children would be living in the home. It would be a
new double-wide manufactured home.
There has been a mobile home on the property in the past, so has gas
readily available, and has a big septic tank, with field drain. Since
the property is now zoned commercial, with a possibility of selling it as such,
we would not put the home on a pennanent foundation. However, if your
decision would depend on that, we would give it serious consideration.
I would appreciate your giving this matter your attention at your earliest
convenience. If you need additional information, or clarification, please
call me at 888-2957, or write to me at 725 So. Meridian Street.
Sincerely,
~Cv
{cttUU-'
.JACK C. RfOOLEMOSER
ATTORNE."Y AT LAW
712 E; Fa'irvieYl'
P. o. !lOX 373
MeRIDIAN. IDAHO 83642
PHONE 999-10471
May 14, 1990
I1s. Linda Paddock
5112 Grover Street
Boise, ID 83705
RE: Lot 2, Block 2, Tedi Snbdi vision, Meridian, Idaho
Dear ~1s. Paddock
This is in response to your request for a. review of the covenants
on the subdivision in light of your request for application to
rezone the north half of lot 2 as commercial. This is based upon
the following facts which have been related to me.
The covenants provide that the south 40 feet of lot 2 shall be
zoned commercial. -_~othing -.is specifically referred to as to the
north half of said lot 2. The covenants further provide that
all other lots are to be residential or to be used for multiple.
units.
I am further advised that an application for conditional use per~
mit was applied for and granted in 1982 and in conjunction there-
wi th a building was constructed on the north half. of lot 2 for a
shelter home, .'and was used as a shelter home until a few months
ago. This building was placed on the lot almost eight years' ago
wi th no further incidents or obj ections being raised by any other
lot owners in the subdivision.
The granting of the conditional use permit and the building of
the building on the north end of the lot as evidenced by visual
inspection, the north half of ,the lot was in effect given the
same status as the south half of the lot. The fact that the
building has been built for all these years and used, any objec-
tion to the building by any other lot owner would be barred by
both the statute of limitations and 1atches.
In my opinion this matter has been settled for some time.
JCR/nr
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselora
P.O. Box 427
Merl:~~daho
Telephono 8Il804461
ORDINANCE No.S2~'
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 8-501~
ESTABLISHING AGE FOR TIME LIMIT, OF THE REVISED AND COMPILED
ORDINANCES OF THE CITY OF MERIDIAN; RE-ADOPTING SAID SECTION 8-
501, ESTABLISHING AGE FOR TIME LIMIT, TO PROVIDE THAT IT BE
UNLAWFUL FOR ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS TO BE OR
TO REMAIN, ON THE STREETS AFTER MIDNIGHT, WITHOUT AN EXCEPTION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and the City Councll of the City of
Meridian, State of Idaho, have concluded that it is in the best
interest of the said City to repeal Section 8-501 of the Revised
and Compiled Ordinances of the City of Meridian and to re-adopt
s aid s e c t ion top r 0 v ide t hat i t be un 1 a vi f u 1 for any per son u n de r
the age of eighteen years to be or remain on the streets after
mldnight, without an exception.
NO\~, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Section 8-501 of the Revised and Campi led
Ordinances of the City of Meridian is hereby repealed.
SECTION 2: That Section 8-501 of the Revised and Campi led
Ordinances of the City of Meridian is hereby re-enacted and
adopted and which shall read as follows:
8-501 ESTABLISHING AGE FOR TIME LIMIT:
It shall be unl awful for any person under
the age of eighteen (18) years to be or to
remain, and it shall be unla~'Jful for any
parent, guardian, or other person having
the care and custody of any person under the
age of eighteen (18) years to permit such
person to be or to remain, in or upon any
street, alley, public ground, public place
or any place open to the public or exposed
to publ ic use within the corporate 1 imits of
the City between the hours of twelve
o'clock (12:00) midnight and five o'clock
(5:00) A.M.
SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency
therefor, which emergency is declared to exist, this Ordinance
shall be in full force and effect from and after its passage,
approval and publication according to law.
PASSED AND APPROVED th i s~ day of {\I\G)<-1
I
1990.
CITY OF MERIDIAN
~G?W
' NT P. KINGS OR , MAYOR
ATTEST:
P.O. Box 427
Merl:~~dahO
relophone 8Il804461