HomeMy WebLinkAbout2003 05-06
Meridian City Council Meeting May 6, 2003
The Regular Meeting of the Meridian City Council was called to order at 7:10 P.M., on
Tuesday, May 6, 2003, by Mayor Robert Corrie.
Members Present: Mayor Robert Corrie, William Nary, Tammy de Weerd, Cherie
McCandless, and Keith Bird.
Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, Anna Powell,
Dean Willis, and Will Berg
Item 1. Roll call Attendance:
__X Tammy de Weerd _ X__ Bill Nary
__X Cherie McCandless __X Keith Bird
___X__ Mayor Robert Corrie
Corrie: At this time, I will open the regular City Council meeting for Tuesday, May 6,
2003, at 7:10 and I would like to apologize for being 10 minutes late. We were in
Executive Session and held over a little bit longer and so I do apologize for that. Also,
I'd like to welcome -- I think it is Troop 164 is that correct? Thank you, fellows. I
appreciate your coming and maybe we can give you some information about a civics
class here. At this time, I would like to have roll call attendance by our City Clerk,
please.
Item 2. Adoption of the Agenda:
Corrie: All right. Item Number 2 is adoption of the agenda. Council, have any additions
or corrections of the agenda at this time?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we adopt the agenda as published.
Nary: Second.
Corrie: Okay. Motion has been made and seconded to adopt the agenda as published.
Any further discussion? Hearing none, all those in favor of the motion say aye.
Opposed no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 3. Consent Agenda:
Meridian City Council
May 6, 2003
Page 2 of 66
A. March 25, 2003
Approve minutes of Pre-Council Meeting:
B. April 1, 2003
Approve minutes of Pre-Council Meeting:
C. April 15, 2003
Approve minutes of City Council Regular Meeting:
D. April 22, 2003
Approve minutes of City Council Regular Meeting:
E. Findings of Fact and Conclusions of Law for Approval: AZ 03-
001
Request for annexation and zoning of 10.006 acres from RUT
Central Valley Baptist Church
to L-O zones for by Central Valley
Baptist Church – east of North Ten Mile Road and south of West
Pine Avenue:
F. Findings of Fact and Conclusions of Law for Approval: AZ 02-
031
Request for annexation and zoning of 39.05 acres from RUT
Castlebrook Subdivision No. 2
to R-8 zones for proposed by
Crestline Development, LLC – 4000 West Pine Avenue, east of
North Black Cat Road and south of West Cherry Lane:
G. Findings of Fact and Conclusions of Law for Approval: PP 02-
032
Request for Preliminary Plat approval of 150 building lots and
9 other lots on 39.05 acres in a proposed R-8 zone for proposed
Castlebrook Subdivision No. 2
by Crestline Development, LLC –
4000 West Pine Avenue, east of North Black Cat Road and south
of West Cherry Lane:
H. Findings of Fact and Conclusions of Law for Approval: VAR
03-005
Request for a Variance to allow certain blocks to exceed
1000 foot maximum length and certain block lengths to be less than
Castlebrook Subdivision No. 2
500 foot minimum for by Crestline
Development, LLC – 4000 West Pine Avenue, east of North Black
Cat Road and south of West Cherry Lane:
I. Findings of Fact and Conclusions of Law for Approval: RZ 03-
001
Request for a Rezone of 6.95 acres from L-O to L-O and C-G
Mallane Commercial Complex
zones for by The Land Group, Inc.
– north of East Fairview Avenue and west of North Eagle Road:
J. Approve Beer and Wine License Transfers for Idaho Pizza
Company from 120 E. Fairview to 405 East Fairview Avenue:
K. Addendum to Lease for Meridian Chamber of Commerce:
L. Approve Liquor License Application for El Tenampa by Susan
Goodwin – 906 North Main Street:
Meridian City Council
May 6, 2003
Page 3 of 66
M. Approve Agreement for Hookup to City Sewer and Annexation
– Anthony Mahaty:
N. Approve Change Order No. 1 for the White Drain Sewer Trunk
Project – Thueson Construction, Inc.:
O. Award Bid / Contract for 2003 Locust Grove Sewer and Water
Line – Bitterroot Construction:
P. Approve Bills:
Corrie: The third item is the Consent Agenda. Council, are there any additions or
corrections of the Consent Agenda?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Hearing none, I would move that we approve the Consent Agenda as published
and for the Mayor to sign and the Clerk to attest on all proper papers.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda
any further discussion? Hearing none roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion approved.
MOTION CARRIED: ALL AYES
Item 4. Department Reports:
Corrie: Department Reports. Any Department Reports?
Item 5. (Items Moved from Consent Agenda):
Corrie: Okay. Thank you. No items were removed from the Consent Agenda.
Item 6. FP 03-022
Request for Final Plat approval of 72 building lots and 16
Cobblefield Crossing
other lots on 15.3 acres in an R-8 zone for
Subdivision
by CMD, Inc. / Doug Campbell – North Linder Road and
West McMillan Road:
Meridian City Council
May 6, 2003
Page 4 of 66
Corrie: So, we are on Item 6. This is a request for Final Plat approval of 72 building
lots and 16 other lots on 15.3 acres in an R-8 zone for Cobblefield Crossing Subdivision
by CMD, Inc., Doug Campbell, north of Linder Road and West of McMillan Road. Staff
comments first. Brad.
Hawkins-Clark: Thank you, Mayor, Members of the Council. This Final Plat is for the
entire Cobblefield Crossing Subdivision. It came through as a Preliminary Plat a couple
of months ago. The plat was a single phase at this point in time, so they are -- the Final
Plat does encompass the boundaries of the entire project at this time. The reason for
the two sheets there, they did submit a Final Plat on two different sheets, so it looks a
little bit cockeyed there, but the scales are the same. For your recollection, Linder Road
is the main point of ingress-egress to the subdivision. They have a split entry with
common landscape irrigation lots here in the main entry road. Then, they come back to
an attached dwelling unit component of their plat here on the eastern side. They are
providing a stub street out to the east. Their common lot where there is -- you may
have read in the Final Plat staff report, they are proposing a swimming pool and a
changing room as one of their amenities. That is a new change since you reviewed the
Preliminary Plat. Staff is classifying the pool addition as an accessory use. We would --
there is no occupiable structure on that, so we are requiring a Certificate of Zoning
Compliance be submitted to our department prior to the construction of that and we
would deal with the parking for that swimming pool at that point in time. The plat does
substantially conform to the Preliminary Plat that you approved. We have
recommended conditions in our staff report from Bruce Freckleton and David McKinnon
that is before you. There are a number of recommended corrections to the face of the
plat regarding bearings and other technical items, but I don't think I need to go into any
of those. I will just leave staff comments at that point.
Corrie: Thank you, Brad. Council, any questions of Brad?
Bird: I have none.
Corrie: Is the representative of the plat here, Cobblefield here this evening? Evidently,
I would assume that the represent --
Hawkins-Clark: The representative was here, Mayor, earlier this evening.
Corrie: Are they in the back?
Ralphs: I apologize, Members of the Council. I looked at all those preliminary items
and I thought it was going to take you a bit of time to work through those, so I apologize.
Corrie: Give us your name and address, just for the record.
Ralphs: Certainly. My name is Rod Ralphs. I'm here on behalf CMD, Inc., the
developer of Cobblefield Subdivision in Meridian, Idaho.
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May 6, 2003
Page 5 of 66
Corrie: You have had a chance to see all the requirements and everything. Is there
anything that you don't agree with or --
Ralphs: No.
Corrie: You agree with everything that staff has done?
Ralphs: Yes, we do, your Honor. Or Mayor.
Corrie: Council, questions?
Bird: I have none. He agrees with all the staff conditions. I have no problem with that.
Corrie: Okay. Thank you.
Ralphs: Thank you.
Corrie: Okay. Council, you have before you the request for Final Plat approval.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve the request for Final Plat of 72 building lots and 16 other
lots on 15.3 acres in an R-8 zone for Cobblefield Crossing Subdivision. To include all
thst
staff comments per their memo on -- for hearing date May 6, as date stamped May 1,
and ask that the attorney to draw up Findings of Facts and Conclusions of Law and
Decision of Order.
Bird: Second.
Corrie: Okay. Motion has been made and seconded to approve the request for Final
Plat of the Cobblefield Crossing Subdivision. Any further discussion? Hearing none roll
call vote, Mr. Clerk.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion for Final Plat approval is approved.
MOTION CARRIED: ALL AYES
Item 7. FP 03-023
Request for Final Plat approval of 37 building lots and 11
Cobre Basin
other lots on 16.56 acres in an R-4 (PD) zone for
Subdivision No. 1
by Havasu Creek, LLC – west of North Locust Grove
Road and south of East McMillan Road:
Meridian City Council
May 6, 2003
Page 6 of 66
Corrie: Item Number 7. This is a request for -- oh, excuse me. For the people here, I
would like to introduce the new Director of our Planning and Zoning, Anna Powell.
Anna, if you would like to stand and people -- she will be the new director of the
Planning and Zoning and I want to thank Brad Hawkins-Clark for the great job he has
done in stepping in until we got Anna. Anna is a great help to us and I know she will be
in the future as well. Thank you, Anna. Welcome aboard.
Corrie: Item Number 7, then, is -- we will go here is a request for Final Plat approval of
37 building lots and 11 other lots on 16.56 acres in an R-4 PD zone for Cobre Basin
Subdivision No. 1 by Havasu Creek, LLC, west of North Locust Grove Road and south
of East McMillan Road. I will invite staff's comments first.
Hawkins-Clark: Mayor, Members of the Council. This Final Plat is on the south side of
McMillan Road, approximately a half mile west of Locust Grove Road. You have
already approved a couple of Final Plat phases for Havasu Creek Subdivision, which
was the name of the Preliminary Plat that this acreage that you see outlined on the
screen was originally approved under. The first couple of plats have been here off of
Locust Grove Road. This phase of Cobre Basin, the primary access is off of McMillan.
Here is a detailed look at the Final Plat that was submitted with the application. They
are proposing to construct with this phase the full frontage of the landscape lot on
McMillan Road, along with their main entry spine road. The future elementary school lot
that was approved at the Preliminary Plat shows here on the right-hand side of the
screen, but this plat is -- on the south end, they have one large common open space lot
here on the west boundary. They are proposing 37 building lots and 11 other
landscaping lots. This particular phase has 2.23 dwelling units per acre. Minimum
house size in here is 1,201 square feet plus. I think the only change that I would point
out is in Item number one on page one of our staff report that does still reference a
Development Agreement and a Development Agreement was not required as a part of
this, so that was an error on staff's part in the staff report. That could be stricken. Other
than that, the plat does comply with the Preliminary Plat. We have our standard
conditions there.
Corrie: Okay. Any questions?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Brad, why are we not requiring a Development Agreement on this?
Hawkins-Clark: Mr. Bird, when the annexation requests come through, if the
development that they are proposing with the annexation complies with the underlying
zone that they are requesting and there are no public amenities that we want to insure,
you know, that we are going to get as a result of the project. If it's a fairly pro forma plat
and the city agrees with the annexation and bringing the land into the city, we have
been not recommending to the Planning and Zoning Commission that we add a
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May 6, 2003
Page 7 of 66
Development Agreement layer, because we feel that the assurance is with the plat and
with the planned development.
Bird: That's no problem. Thank you. Answered my question.
Corrie: Is the representative of the subdivision here this evening? Becky, would you
like to -- do you have any -- no comments? Okay. Does the Council have any
questions of Becky? Okay. Okay. With that, I will entertain a motion on the request for
Final Plat approval.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the Final Plat request for approval of FP 03-023, for
37 building lots and 11 other lots on 16.56 acres in an R-4 PD zone for Cobre Basin
Subdivision No. 1 by Havasu Creek, LLC. West of North Locust Grove Road and south
of East McMillan Road and for the attorney to draw up Findings of Facts and
Conclusions of Law and Decision of Order and to include staff comments and with the
site-specific condition of approval on number one, to delete the recorded Development
Agreement. I think that will do it.
McCandless: Second.
Corrie: Motion has been made and seconded. Is there any further discussion?
Hearing none roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Motion is approved.
MOTION CARRIED: ALL AYES
Item 8. Continued Public Hearing from April 15, 2003: AZ 03-004
Request
for annexation and zoning of 1.37 acres from R-1 to L-O zones for
Montvue Medical Clinic
by Pinnacle Engineers, Inc. – 360 East Montvue
Drive:
Corrie: Item Number 8 is a Continued Public Hearing from April 15, 2003, request for
annexation and zoning of 1.37 acres from an R-1 to an L-O zone for Montvue Medical
Clinic by Pinnacle Engineers, Inc., 360 East Montvue Drive. I will continue and open
the Public Hearing and invite staff comments. Brad.
Hawkins-Clark: Thank you, Mayor, Members of the Council. Since your last meeting,
the reason for the continuance was largely to review the private agreements that were
executed between St. Luke's Meridian Medical Center and the homeowners association
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May 6, 2003
Page 8 of 66
of Montvue Subdivision. The project here -- I won't go into much details, since it is a
continued hearing and much of this was put into the public record a couple of weeks
ago. It is -- the parcel that they are proposing to annex is here in the very southeast
corner of the subdivision across from St. Luke's private road, which does run across the
south boundary of the subject parcel. The elevations of the proposed building that they
are looking to construct that were submitted with the application are here, a two story
medical office, medical clinic type use building, with similar architecture to those
buildings on the west side of Eagle Road and near the interchange of Eagle and I-84.
You should have received two memos since the last hearing. One was from myself
nd
dated May 2 and the other one was from Joann Butler with Spink, Butler, Clapp law
st
firm, dated May 1, and staff did review the issue of the connection between the private
road of St. Luke's here on the south and Montvue, which is a public street. The Site
Plan that was submitted with their annexation request did show a 29-foot wide private
road here, which would have city utilities within it. I recommended a modification to the
Planning and Zoning Commission recommendation regarding that street. The
recommendation from two of you from the Commission said not to include -- or refer to
the street connection in the Development Agreement. What staff heard at the last
hearing was that the Council was concerned about that connection. The proposed
change that I have there at the bottom of that memo basically states that a minimum 29-
foot wide permanent open connection should be maintained. It does not state whether
it should be private or public. As you know, the Ada County Highway District has
already had a hearing and they have said it should not be public. Your city staff is not
taking a position on the public or private, mainly that it just remain open and provide the
29-foot wide travel street section there. We are also proposing that it be constructed
prior to any Certificates of Occupancy being issued on the site. Thank you.
Corrie: Thank you, Brad. Any questions from Council to staff?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: So, the recommendation is prior to the Certificate of Occupancy and rather
than a Building Permit, that that also would have the construction vehicles and that sort
of thing coming through the subdivision. Am I not correct in that assumption?
Hawkins-Clark: Mr. Mayor, Councilwoman de Weerd, that's correct. Technically, they -
- as it's worded that's true. Our understanding is that there may be an agreement that
construction traffic -- I believe that was in Ms. Butler's letter -- could utilize the
Touchmark Franklin intersection there, which, of course, would --
De Weerd: So, we would want a little bit more clarity on --
Hawkins-Clark: Yes.
De Weerd: -- with that.
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May 6, 2003
Page 9 of 66
Corrie: Any other questions?
Bird: I have none.
Corrie: Okay. Now, as mentioned, this Continued Public Hearing is for applicant and
staff the opportunity to get some questions answered. Is the representative here this
evening for Montvue?
Butler: Thank you. Joann Butler, 251 --
Corrie: I asked for the applicant at this point.
Butler: That would be us.
Corrie: That would be you?
Butler: Yes.
Corrie: Raise your right hand, please. Is the testimony you are about to give this
Council the truth, the whole truth, and nothing but the truth, so help you God?
Butler: I do. Yes.
Corrie: Name and address.
Butler: Thank you. Joann Butler, 251 East Front Street, representing the applicant in
this annexation. Thank you for taking the opportunity of tabling this hearing two weeks
ago to give the Council and staff the opportunity to read the private agreements that
have been adopted or enacted or signed by St. Luke's, the neighbors and Montvue. We
have -- as you can see from the letter that I provided from about a week ago, the
neighbors are continuing to meet. We have had several meetings to work out just the
practicalities of getting the road done. Councilwoman de Weerd mentioned the
construction traffic. That is a concern of the neighbors of Montvue. We are continuing
to work with Touchmark on working out an agreement with them, a License Agreement,
probably, in order to come through the Touchmark property and out to Franklin with
construction vehicles and I have had a couple of conversations with Joe Swenson and
we will continue working with him on the form of that agreement. From the private side,
the private parties are continuing to work on the practicalities of getting that done. From
the public's perspective, at the last hearing the Council Members voiced concerned
about getting that access in prior to occupancy. We appreciate the memo that we
received from staff today indicating this condition of approval for part of the
Development Agreement. We are more than happy to accept that to give the Council
the comfort that we are continuing to work on this and see great hope for success. Are
there any questions? Clint Boyle is here with me tonight, if you have any questions on
the Site Plan or anything like that.
Meridian City Council
May 6, 2003
Page 10 of 66
Corrie: Council do you have any questions?
Bird: I have none.
Corrie: Okay. Thank you.
Butler: Thank you.
Corrie: Is there any representative from Montvue here this evening? I'm asking on the
Montvue Medical Clinic, not the Public Hearing for the people to --
Bird: That was --
Corrie: Are you representing both them and the people?
Bird: No. No.
Corrie: Oh. Okay. Well, that's where I was getting confused. Okay. All right. Okay.
Any other questions? Do you have enough information, Council, to make a decision?
Bird: Mr. Mayor?
Corrie: Yes.
Bird: If we got some Montvue people here -- I mean I know we heard from quite a few
of them last time, but if they have got something different to testify, I would not mind
hearing, but if it's the same testimony that we had on record already, I -- so, if there is
any new --
Corrie: If you have got any new testimony that you didn't give before. Is the testimony
you are about to give the truth, the whole truth, and nothing but the truth, so help you
God?
Willis: Yes.
Corrie: Name and address, please.
Willis: I'm Thora Willis. I live at 3555 Northeast Montvue Drive, which is just west of the
development. My biggest concern -- I know that the Council only requires -- or Planning
and -- the city only requires one space for every 200 feet of occupied space. Generally,
in medical buildings there is some type of cross-access agreement that when your
parking lot fills up, the patients and their staff can use another parking lot. I would just
ask that -- I don't feel like there is enough parking space for this project and I would just
ask the Council to have some sort of stipulation that there would be no on-street parking
during business hours. Our road, I don't believe, is wide enough for parking on both
Meridian City Council
May 6, 2003
Page 11 of 66
sides of the street and bus traffic that also would be coming down the street during
business hours.
Corrie: Okay. Brad, on your parking there, how is that -- how does that fit into this?
Are there enough spaces there? I think there should be, shouldn't there? Can they use
that overflow parking at St. Luke's. I'm sure that they could.
Hawkins-Clark: Mr. Mayor, the ordinance, she's correct, does state, you know, one
parking space for every 200 gross square feet of floor area in the building. It's been a
long time since we have analyzed our code in detail to see if, you know, is that really a
good ratio or not and, as well, since this is only an annexation request, we haven't taken
the time to really analyze the Site Plan, to be honest with you. This was provided as a
part of the application and if the City Council wants to include it in a Development
Agreement. I think that's there, but we haven't spent the time to really analyze -- we
would certainly -- before they would get a Building Permit, we would make sure that
they provide the parking that the ordinance requires, which is one for 200, and we have
seen numerous instances where cross-parking agreements have been entered into.
Corrie: I think it's well said a legitimate concern there, and we need to make sure to
take care of that. Is there anyone else -
Nichols: Mr. Mayor?
Corrie: Yes, Mr. Nichols.
Nichols: Mr. Mayor, I don't think, though, that we would have jurisdiction to restrict
parking within Montvue Subdivision, because it's a county sub, it's not within the city
limits, and we haven't the ability to require or restrict any parking. That would be an
issue for ACHD and the county.
Corrie: Thank you. Any further says testimony? Thank you, Mrs. Willis.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess I would like to hear -- I know Ms. Butler had mentioned that there
were further talks about the access and that sort of thing. Is there anything that the
residents would like to add in concern of what is not being said or even what's being
said? How close are we to getting something, some kind of agreement and maybe Mrs.
Butler would be best suited to ask that, unless the residents had anything to add to
accessibility.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
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May 6, 2003
Page 12 of 66
Nary: Before Ms. Butler brings that up, Brad, on the Cross-Parking Agreements,
though, isn't it -- those are only used if they don't have the one space for 200. If there is
even discussion about that it may be inadequate because of staffing, that isn't normally
a requirement to do a Cross-Parking Agreement, as long as they meet the minimum
requirement in the ordinance right?
Hawkins-Clark: That's correct. Unless it was a hearing, we, at staff level, wouldn't have
the -- you know, the ability to require them to go get that agreement if they met the
code.
Nary: And I -- and Mr. Nichols is right about the street parking being ACHD, but the
neighbors can certainly request ACHD to sign it or do something to limit that street
parking for the business. They'd have to go through ACHD; is that right?
Hawkins-Clark: That's my understanding. Yes.
Nary: Okay.
Corrie: And I must say this is just for annexation and zoning. We are not getting into a
lot of unnecessary discussion here at this point. Joann -- Ms. Butler, do you have
anything to comment on?
Butler: Thank you. Joann Butler again just to answer Councilwoman de Weerd's
question about when will we have an agreement. In fact, an agreement is in place, an
easement has been set in place by the Montvue residents and, of course, the
agreement between St. Luke's and the Montvue residents has taken place. Now what
we have to do is just the practical -- and that's not the location, the location is set, but it
is just working out where construction traffic goes and just getting the contracts done by
the -- with the contractors bids and whatnot and, then, working with the neighbors to just
make it happen and with St. Luke's as well. We are just on our way. We were just
talking out in the hall. We will probably schedule a meeting -- a meeting every few
weeks at this time just to get the ball rolling.
De Weerd: So -- Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: To add something in the Development Agreement that a second access,
whether it's out onto the St. Luke's Road or into Touchmark -- and that's some of the
conversation or discussion that we had at the last meeting, that -- do you have an issue
with that?
Butler: If I could ask you to rephrase. I'm not sure I -- an issue with what exactly?
De Weerd: To have a condition in the Development Agreement before this can get its
CO that you would have --
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May 6, 2003
Page 13 of 66
Butler: No. We appreciate the memorandum that we received from staff. We
understand that that -- that being placed in the Development Agreement will give the
city the comfort it needs that the road will be done before occupancy, so we are fine
with that.
De Weerd: Okay.
Corrie: Thank you.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Joann, we are not going to let you sit down for a minute. How -- you know, we
show -- we were shown the buildings of -- as the example of what could be up there
that's across the street and being very successfully used over there, with plenty of
parking. There is two of them in line, so they could joint -- use their joint parking lots.
I'm sure that we are okay for parking here. No off-street parking. You would have no
problem with that or anything else.
Butler: No.
Bird: And just like the attorney said, we can't restrict that anyway, because it is an Ada
county subdivision, it isn't even a city subdivision.
Butler: Although we have said that we will -- on the --
Bird: On your side that you annex, yes, we will have parking at -- are we pretty assured
that it's going to be a building like basically some of -- the same size building and -- not
maybe the same design?
Butler: As the footprint, yes.
Bird: Yes.
Butler: And we have also been in a couple of the meetings that we have had with
Touchmark in the last -- or with some of the representatives, we became aware of the
fact that Touchmark has put together an elaborate set of architectural guidelines. We
have said to them that we would love to review them and, if possible, incorporate those
in our own design, so that it looks -- you have got a common feel throughout the area.
We will work with them on that as well.
Bird: Thank you.
Butler: Okay.
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May 6, 2003
Page 14 of 66
Corrie: And I apologize, Ms. Butler. You're an excellent attorney, you get a lot of
clientele, and I got mixed up here just a second on whom you were representing,
because I know you had represented others there, too, so -- thank you. My apologies.
Any further discussion? Okay. All right. Then, I will entertain a motion to close the
Public Hearing, if you have enough information at this point.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess I would feel comfortable making a motion that we close the Public
Hearing.
Bird: I would second it.
Corrie: Okay. If you feel comfortable, make your motion.
De Weerd: I did.
Corrie: All right. Any further discussion? All those in favor of the motion say aye. All
ayes. Motion carried.
MOTION CARRIED: ALL AYES
Corrie: Further discussion on the request?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I do appreciate that the applicant and the residents got together and further
discussed this and it gives us a better comfort level with the new language that staff has
presented, that access will not cause undue burden on the neighborhood by creating
more traffic. This gives the element of other traffic options and so I appreciate the work
that was done.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Hearing no more discussion, I would move that we approve request AZ 03-004,
the request for annexation and zoning of 1.37 acres from R-1 to L-O zones for Montvue
Medical Clinic by Pinnacle Engineers, 360 East Montvue Drive. To incorporate staff
comments, applicant's replies, and the attorney to draw up the Findings of Facts and
Conclusions of Law and Decision of Order and Development Agreement.
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May 6, 2003
Page 15 of 66
De Weerd: Second.
Corrie: Motion has been made and seconded to approve the request. Any further
discussion? Okay. Roll call vote, please, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Request for annexation is approved.
MOTION CARRIED: ALL AYES
Item 9. Public Hearing: RZ 03-003
Request for a Rezone of 0.35 acres from R-
Merlyn Schmeckpeper
4 to O-T zones for by Merlyn Schmeckpeper –
230 West Pine Avenue:
Item 10. Public Hearing: CUP 03-006
Request for a Conditional Use Permit for
a Child Care Facility for approximately 30 children in a proposed O-T zone
Sunshine Academy
for by Sharon O’Toole and Debbie and James
Sheridan – 230 West Pine Avenue:
Corrie: Item Number 9 is a Public Hearing. This is a request for a rezone of 0.35 acres
from R-4 to O-T, Old Town zone, for Merlyn Schmeckpeper by Merlyn, excuse me,
Schmeckpeper, 230 West Pine Avenue. I hope I got that name correct. If I didn't, I
apologize. At this time, I will open the Public Hearing and invite staff's comments.
Hawkins-Clark: Mr. Mayor, before I offer comments, would it be possible to request the
Council and Mayor to consider opening the next item with this one. They are --
Corrie: Okay. The Sunshine Academy is the same one. I noticed here that it was 230
West Pine. Okay. I will open the Public Hearing on Item Number 10, which is the
request for a Conditional Use Permit for a childcare facility for approximately 30 children
in a proposed O-T zone for Sunshine Academy by Sharon O'Toole and Debbie and
James Sheridan, 230 West Pine Avenue. Thank you.
Hawkins-Clark: Thank you, Mayor, Members of the Council. The application before
you is for a rezone on Item Number 9 and Item Number 10 is for a Conditional Use
Permit for the childcare facility. On Item Number 9 regarding the rezone request, the
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property is located here on the north side of West Pine Avenue at the corner of West 3
and Pine. There is an existing alley that is on the east side of the property Meridian
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Elementary School is two lots to the north. Both West 3 and West 2 Street currently
terminates at that school boundary. The property has requested to be rezoned to the
Old Town designation. During the Comprehensive Plan process, as you may recall, the
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city did approve an extension of Old Town to the west to 4, so the Comprehensive
Plan would support a rezone to Old Town. The Planning and Zoning Commission
recommended denial of the rezone request. Here is an aerial photograph just showing
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May 6, 2003
Page 16 of 66
you, generally, the existing conditions in the area. Largely single-family detached
housing, some attached in the area, and, then, of course, the Meridian Elementary
School area here to the north. The proposed Site Plan for Item Number 10, the
Sunshine Academy, which does have a different applicant than the rezone request.
The applicants on this, again, are Sharon O'Toole and Debbie and James Sheridan,
and the Site Plan, as you can see, has Pine -- north on this particular plan, by the way,
is to the bottom, so we are actually looking south as we look at the top of this. West
Pine Avenue is here. The alley is shown on the left part of the screen. There is an
existing house and an existing detached garage on the property. The proposal is to
utilize the alleyway as the main entryway into the project off of Pine. Parking is all
located here to the backside of the building and the garage. They are providing --
showing on their plan a couple of parallel parking stalls along the north boundary, then,
they are showing parking closer to the main building along with the handicapped is
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shown here off of the alley. The exit from the property would take place onto West 3,
which, of course, they would be forced to turn south to get back out to Pine. The
application requested a day care center for approximately 30 children. The Planning
and Zoning Commission hearing, if you read the minutes, did have a number of public
testimonies at that. We also received written testimony and the record does have a
sheet that has a number of signatures on it and that's there for you to look at as well.
The Highway District did review this application. They were in agreement with restricting
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the access to this for one way in off the alley and the main egress out of West 3. They
did approve the Site Plan with that configuration. They are showing about a nine-foot
wide landscape buffer here on the south boundary. There is an existing house between
the proposed site and the Meridian school -- elementary school. There is a house that
is currently there and occupied. In terms of the number of children, the fire -- the Fire
Department does ultimately have the jurisdiction there in terms of setting the occupancy
load. That’s my understanding is that our Fire Marshal has not visited the house and
done an inspection and said this house is specifically capable of handling X amount of
children. I don't believe that analysis is done. There is a standard of course, that they
use based on square footage and that 30 children number, I believe, is probably close,
given the 1,460 square foot facility. The staff report did have a number of other
conditions related to the actual design and layout of the property, as well as some
alternative compliance on landscaping, but at this point I think I'll just suffice to say that
the Planning and Zoning Commission did recommend denial of this application as well.
The reason that was included in their recommendation you have there is primarily the
opposition from the public and the noise and additional traffic that they see generated
by this project. Unless you have any other questions, that's all staff has right now.
Corrie: Thank you, Brad. Council, any questions of Brad? Okay. Since we do have a
Public Hearing, is the representative -- this is Schmeckpeper. Lousy on names.
Garrity: Kelly Garrity, on behalf of the applicant.
Corrie: Is the testimony you are about to give the Council the truth, the whole truth, and
nothing but the truth, so help you God?
Meridian City Council
May 6, 2003
Page 17 of 66
Garrity: Yes.
Corrie: Thank you. Name, please.
Garrity: Thank you, Mr. Mayor, Members of the Council. Kelly Garrity on behalf of both
applicants, I guess, since we are combining both the rezone and the Conditional Use.
My address is 251 East Front Street in Boise and I am joined here this evening by the
landowners, Merlyn and Brandon Schmeckpeper, and the representatives from the
Sunshine Academy, both Sharon and Debbie O'Toole. As staff has already indicated,
we are here this evening on the application for both the rezone and the Conditional Use
Permit. The rezone being from Old -- or from R-4 to Old Town and the Conditional Use
for this child care facility. Your Planning staff has supported this -- both applications in
the March 20, 2003, report, as well as the April 3, 2003, report, and I will outline a little
bit later why there was a change and why there is two different reports. After two
hearings in front of the Planning and Zoning Commission, the recommendation, as you
are now aware, has been made to deny. Now, these applications are before you, the
Council, to either approve, approve with conditions, or to deny. Of course, we certainly
hope that you, after hearing the testimony this evening, approve these applications and
we believe that the proposed use and the proposed zone warrant this approval. I am
going to address the standings of the rezone, the CUP, and the City Code and Meridian
Comprehensive and I'm going to try and keep my comments as brief as possible. I
know that there is quite a few people here to testify and I would like to give Sharon
O'Toole and Debbie O'Toole a chance to really get to into the details about the
proposed use and Merlyn Schmeckpeper would like to address the Council with regard
to the specifics of the property and the rezone issue. Just as a brief overview, so the
Council sort of gets a picture of what the current building looks like, if you wouldn't mind,
I would like to hand this, so we can put this on the overhead. Well, as we are waiting,
just briefly, just an overview. This center -- and Sharon and Debbie will go into more
details, but it's a learning center for kids, ages up through nine, offering reading, math
skills, art classes, various types of programs for children, all during the day. Half-day
programs, full day programs. The way they have it set up is not all the drop-offs -- and I
notice there has been a lot of discussion about traffic and some issues related to that,
but as they will tell you, it's staggered drop offs, sometimes in the morning, sometimes
mid day, so not everyone is coming in the morning, coming mid day, or coming in the
evening. Now, the applicants have worked a great deal with staff to insure that the
requirements are met for your standards for both rezone and CUP. Again, as I have
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mentioned, staff supports this. Now, during the first hearing in March, March 20, 2003,
interestingly, the Commissioners really talked with the opposition and asked very
specific questions about their concerns, asked about traffic, the buffer area, the
landscape area, the noise, and really brought to the forefront a lot of these concerns
and a lot of these concerns were addressed. Now, what the Commission did in that
hearing was ask the applicant to go back to staff, talk to staff about redoing the parking
and redo landscaping. Well, the applicant did that. They held over the Public Hearing,
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asked them to return April 3, and the applicants worked with staff to make those
changes requested by the Commission. Now, the applicants, in fact, returned to the
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Commission on April 3 and, again, now, we have a second staff report dated April 3,
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May 6, 2003
Page 18 of 66
2003, with generally many of the same conditions of approval. It does reference some
of the landscaping changes that were made and the changes that were made in terms
of the parking. The flow -- as staff indicated, there is a nice flow now with traffic going in
one direction, so there is a nice circular flow, as though -- you know, typically, many
schools do this, where they will have buses coming in one way and going out one way,
so it, actually, moves the traffic nicely and avoids congestion. Again, staff is supporting
the applications. Unfortunately, it was soon apparent at the Commission hearing on
April 3, 2003, that this application would be denied due to opposition and pretty much
solely opposition. If you will notice, the recommendation of denial by the Commission,
many standard findings by the Commission about the property owner, you know,
various standard -- the current zoning. The proposed use, they all, actually, made a
finding with regard to the O-T zone and that this request for rezone is consistent with
the Comprehensive Plan, designating this property as Old Town. Despite making all
these findings, ultimately, makes their recommendation for denial, which is why we are
here. Rather than go through all the required standards under your City Code 11-15-11
with regard to the rezone, I will just point out that staff's reports on both March 20, 2003,
and April 3, 2003, do a very nice job of outlining all of those standards and how they are
met. With regard to the rezone standards, I just wanted to point out just a few for this
Council's consideration. One of the standards mentioned is will the new zone be
harmonious with the Comp Plan. Well, as staff pointed out and as this Council is well
aware, the text of the Comp Plan supports conversion of the existing family houses in
the O-T zone for use of other than residential now and the Comp Plan, which this --
actually, a lot of the standards overlap between the rezone standards and the
Conditional Use standards. Really, this applies to both the Comp Plan, the future land
use map, as this Council is aware, which designates this area as Old Town. I really
don't think that that became a big issue. Another standard that I'd like to bring to
Council's attention is whether the proposed zoning amendment will be in the best
interest of the city. Again, there is a great deal of work put into the Comprehensive Plan
by the Council and, again, this has already been designated in the future land use map
as Old Town. With regard to some of the -- and I know I'm mixing back and forth
between the rezone and Conditional Use, but, again, a lot of these standards apply to
both and overlap. One of the -- again, another standard for the Conditional Use is
whether, again, it's harmonious with the Meridian Comprehensive Plan. Something very
important to keep in mind with this proposed use is this educational facility and the
location next to Meridian elementary. Some interesting statistics from the Comp Plan
with regard to the ages and the composition of Meridian's population, in 2000 the
statistics in the Meridian Comp Plan referenced roughly 10 percent of Meridian's total
population was the under age of five. It also referenced that roughly 3,500 citizens in
Meridian were between the ages of five and nine. These are the ages that will be
served by this childcare facility. That amounts to roughly 21 percent of Meridian's total
population, which is quite a bit. Some additional statistics in your Comp Plan are
showing up. By 2020 there will be about 25 percent of Meridian's citizenship or
population will be under the age of 15 years. Again, this serves up to about age nine,
so you're really serving a crucial part of the population of Meridian. Of course, as the
Council is aware, the Joint School District No. 2, fastest student enrollment, and I
believe it just surpassed Boise recently. I think that -- you know, for lack of a better
Meridian City Council
May 6, 2003
Page 19 of 66
word, it's a big deal, and this kind of facility really helps serve that goal of the Joint
School District. Really, the objective of the Joint School District, which is this -- and this
is a quote from the Comp Plan as a mission statement -- that they really see a
community of well-informed citizens, who support educational excellence and work in
partnership with the school community to achieve educational results for all students.
And really, again, the location and what Debbie and Sharon are going to share with you
this evening will really help outline the need for this type of facility and the
appropriateness of this type of facility in this area.
Corrie: Mrs. de Weerd.
De Weerd: I don't want to say you don't have important things to say, but we usually
limit testimony and --
Corrie: Mrs. de Weerd, let me do this. Go ahead. If you can kind of shorten it up, I'd
appreciate it. We are going to limit the others to three minutes.
Garrity: Absolutely.
Corrie: Thank you.
Garrity: Absolutely.
Corrie: You got the major part of it representing them both.
Garrity: Thank you, Mr. Mayor, Councilwoman de Weerd. I appreciate it. Just cut me
off. Sometimes I'll tend to talk just a little bit too much. Actually, most of the general
issues have been addressed. I know that traffic is always a concern. Noise is always a
concern. Affect on the neighbors is always a concern. I believe that, you know, the
approval of ACHD and the flow of the traffic moving throughout the site have really
addressed all those concerns. The landscaping has addressed those concerns. I really
just believe when you hear from Sharon and Debbie and from Merlyn, that you -- the
Council will come to the conclusion that this is a terrific facility and really worth it to have
it in the neighborhood. At that point I will stand for questions or allow Sharon O'Toole to
come up and address the Council.
Corrie: Council do you have any questions?
Bird: I have none.
Corrie: Okay. Thank you.
Garrity: Thank you.
Corrie: Now, as I mentioned earlier, we did give the applicant's representative here a
little more time to do it, but, now, I'm going to limit to -- each testimony here to three
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May 6, 2003
Page 20 of 66
minutes, because I think we have quite a few people who would like to. I'm going to
open it up for testimony that's for the CUP and rezone, so -- is the testimony you're
about to give the truth, the whole truth, and nothing but the truth, so help you God?
O'Toole: Is it.
Corrie: Name and address, please.
O'Toole: My name is Sharon O'Toole and I'm one of the applicants for the CUP and my
role in this project would be as education and program advisor and business advisor. I
want to emphasize that this is -- that we are not really beginners at this we didn't just
decide to rent a house and start babysitting. That's not what the program is about. I
have a degree in elementary education, I have a Head Start background, I have opened
centers in Florida, I have opened centers in Ohio, and we'd like to open this center here
and the standards that Ohio has set are pretty consistent with other states that we have
been in. I hold a CDA, which is the federally mandated certificate. I also hold two
master's degrees in training and development. We are looking at a program that is, in
fact, an educational program, although it will be open to children age nine, it is primarily
a pre-school program and it is -- the focus is on literacy. It's a balanced program with a
lot of activities, but our primary goal will be to prepare children for kindergarten, so that
they come in to kindergarten ready to learn. I have looked at the package that we have
and I have looked at all the signatures and I have listened to the objections and there
are just some specific ones that I would like to address briefly. One has to do with
noise. My -- this is a program for small children. There is a play yard that is used from
time to time during the day, mostly in the late morning times and in the late afternoon
before children are being picked up by their parents. It is -- there are not children
running around all of the time. I really think that that -- the impact that I have heard
described would never come to be in terms of the amount of noise that the center will
produce. There are no mechanical noises, there is no loud music, there are no crowds,
and we are talking about preschool children playing on the playground and not even all
day at that. I have also heard some comments about endangering children and I want
to emphasize that safety of -- the safety of the children in our center would be the
number one consideration that we have and we have many things in place to insure that
safety. We have designed the traffic flow through the parking lot to minimize any kind of
risk. Children are never, never in the parking lot unsupervised. We have written
policies for parents in terms of how they drop children off and how they pick them up.
We are in constant contact with parents, so we are in a position to constantly remind
them about caution and we are also talking about the parents of small children who
have a vested interest in caution, their children are there. We have heard some
discussion about children walking over from Meridian Elementary School and it's close
and it's an easy walk, but that doesn't mean children would ever come from Meridian
Elementary to the Sunshine Academy unsupervised. If there is any transfer of children,
it's done at the school where they are turned over to a teacher and escorted back to the
center. I have also heard a lot of comments about the amount of traffic that this will
generate and, as Kelly mentioned, that's kind of spread out over the day a little bit. We
are looking at probably -- I know it's between 30 and 38 children, exactly how that will
Meridian City Council
May 6, 2003
Page 21 of 66
falls out depends on exactly how the space gets measured. There are two things that
we need to take into consideration. One is that the reason people select a center -- the
primary thing is convenience, it's the primary thing that gets people in the door. Not
necessarily keeps them there. That's why they come and look at the center. Our
primary advertising is a sign on site. A good portion of the number of people who are
going to -- will be our primary target audience are the people in the area. I can't say -- I
mean, certainly, I can't predict what percentage, but I suspect that a good number of
those people are already driving up and down Pine Street everyday, so we are not
generating a lot of new traffic, we are flowing it in a somewhat different direction -- in
somewhat different direction. As I stated, the standards that we are meeting are 35
square feet per child. That's very standard. We have never proposed anything that's
outside of standard guidelines and my experience tells me, when I hear the objections,
and I have seen schools start and I have managed them and my experience tells me
that most of the things that people are really concerned about are things that aren't
really going to come to be. I mean loud noises, lots of traffic, safety of children, those
are issues that we address as a center and do it consistently on a day-by-day basis.
Thank you.
Corrie: Thank you very much. Any questions?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mrs. Schmeckpeper.
De Weerd: Mrs. O'Toole.
Corrie: Mrs. O'Toole?
Nary: O'Toole. I'm sorry. Mrs. O'Toole heard you say 38 children.
O'Toole: Well, we have -- in talking to --
Nary: You talk about 30 here, so --
O'Toole: Okay. In talking to the Fire Department, what they told us is having the 35
square feet is standard and when we measured it we did not count a large eat-in kitchen
and they are telling us that that space does, in fact, count. They will make -- they will
make the final measurement and they will make the final determination. I'm saying the
minimum that the center will be licensed for is 30, probably somewhat in excess of that.
I don't know if it will make 38 or not. They indicated to us that -- we just measured wall
to wall the rooms and they are saying, no, you don't have to do that, what you do is you
take the square foot of the building and you subtract those areas that don't count. They
are measuring a little bit differently than we are. I'm going to leave it to them to make
that determination.
Meridian City Council
May 6, 2003
Page 22 of 66
Centers: Any other questions?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: You mentioned that they would have some outside play.
O'Toole: Yes.
De Weerd: Where are they going to be doing that play and you will fence it?
O'Toole: Oh, yes. Yes. There is planned six foot chain link fence around what is the
play area and it is to the -- that side of the building in front of the garage there. If you
look at the building, it's elevated a little bit. There is a retaining wall there and behind
that will be a fence and it will fence in that play area that's between the -- yes. That's
where it is right there.
De Weerd: Okay. I just have one last question. Is your location -- you had mentioned
that the neighbors had mentioned children noise. Are you not real close to the
playground of Meridian Elementary?
O'Toole: Yes.
De Weerd: Okay. I thought you were somewhere in that vicinity. Okay.
O'Toole: Right. We are probably looking at 10 to 12 children out there at one time.
De Weerd: Thank you.
Corrie: Thank you. Testimony for Merlyn Schmeckpeper? Give you five minutes.
Sheridan: My name is Debbie -- my name is Debbie Sheridan and I will be the on-site
director of the preschool and I will refrain from repeating anything that Sharon has
already said.
Corrie: I'm sorry. I need to swear you in.
Sheridan: Oh. I'm sorry.
Corrie: Attorney told me that. Is the testimony you are about to give the truth, the
whole truth, and nothing but the truth, so help you God?
Sheridan: Yes.
Meridian City Council
May 6, 2003
Page 23 of 66
Corrie: Thank you.
Sheridan: Debbie Sheridan, 728 Rotan. I will be the on-site director of the program, the
facility. I'll refrain from repeating anything Sharon had to say, except to answer any
questions and point out that one of the concerns that was raised had to do with safety of
the neighborhood children walking to school. I'd like to point that there is a sidewalk in
front of the facility for them to walk and we will not be affecting that in any way.
Corrie: Anything else?
Sheridan: No. I just if anybody had any questions.
Corrie: Any questions?
Bird: I have none, Mayor.
Corrie: Thank you. Jim in the back there, we have already gone through St. Luke's. Is
that what you were here for? Just for the site -- okay. We have already approved that,
so just in case that you had someplace else that -- we'd love to have you stay, but I
didn't want you to have to stay here if you didn't want to.
Corrie: Okay. Is Brandon here this evening Schmeckpeper? Oh, I got Merlyn. I don't
know how I'm getting all these names -- I have got Brandon Schmeckpeper and Merlyn
Schmeckpeper and you're Merlyn?
Schmeckpeper: I'm Merlyn.
Corrie: Okay.
Schmeckpeper: You're doing fine.
Corrie: All right. Thank you. I'm sorry. Is the testimony you are about to give the truth,
the whole truth, and nothing but the truth, so help you God?
Schmeckpeper: It is.
Corrie: Thank you name and address, please.
Schmeckpeper: I'm going to keep this as brief as I can, because a lot of it's been
covered. I'd like, Brad, if you would, to bring this sheet up quickly.
Corrie: Could you give me your name for the record?
Schmeckpeper: Merlyn Schmeckpeper. I'm sorry and I reside at 157 East Ada,
Meridian, Idaho.
Meridian City Council
May 6, 2003
Page 24 of 66
Corrie: Thank you.
Schmeckpeper: As soon as it focuses, I could sit here and tell you a lot of things about
the survey and the petitions that we have signed, as well as the opposition have signed.
Rather than go through all of that, we have tried to compile that all and have compiled it
on this particular chart, as soon as it comes into focus. Maybe I will just hand these out
to you. Do this the old fashioned way.
Corrie: I think we have already got that.
Schmeckpeper: The green on there pretty much speaks for themselves. We found that
in our surveys and the opposition totaled 54, not seven percent, approve of the
childcare facility located specifically at 230 West Pine. The red, obviously, shows that
41.5 percent, orange stars, disapprove of a childcare facility at the location 230 West
Pine and the blue, 3.8 percent, are neutral. In fairness to the survey, the survey outside
of the 300-foot district that we conducted actually took into account yes or no in favor or
against the center. We, actually, collected several no’s and the opposition, which were
signatures off the petition, were all no’s. They did not list the people that said they
would be for it. There is room for some discrepancy there. We feel that this is very
generous. With that said, are there any questions on that particular phase? I'll get onto
the more urgent portions. As you can see, there are a lot of people out there that are in
favor of this project and this is a good project. If I could have the photo brought up. The
pictures. As property owners -- and my son and I actually own the property. We pride
ourselves on the appearance and condition of our properties. I'm sure many of you
remember what 230 Pine looked like a few years ago before we purchased it. We are
very proud of it today and I hope the community is. I am a long time resident of
Meridian. I went to school here, raised a family here, and am generally interested in the
future of our city. I'm also interested in helping to meet our community needs and in
providing employment opportunities for our local people. We have a lot invested and a
lot of time and money to date and in my conclusion, we have honestly presented a good
project in line with the City's Comprehensive Future Plan. This is a great location for a
day care center. It's only three blocks from Meridian Road. It's close to the grade
school and has access to and from the school, without crossing any busy street. As a
matter of fact, the school district totally supports this project. It's located on a major
thoroughfare. Pine Avenue fits into the area with absolutely minimum disruption. Many
users of the academy already travel and use West Pine Street. It's needed. With
unprecedented and continued residential growth in our town, an in-town day center is
good for your community, our community, and the city. The site is a spacious site, is a
spacious lot, the layout works well for the center for the neighborhood. We have
worked with Dave at P&Z staff all the way through this. In fact, you have already heard
that the P&Z staff supports this project and has always supported it and we have
addressed every demand and complaint, we have done everything asked of us. By the
way, you will undoubtedly hear testimony about a boundary dispute tonight with our
neighbors to the north, the Rokovitz. I'm sure you do not want to be involved with that
and I can tell you that we have been trying to settle it, but what you do need to know is
that this project before you is not and never has been predicated on the use of the
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May 6, 2003
Page 25 of 66
disputed land. Thereafter, that is not an issue. Could I have that large plat brought up,
please? Down in the lower right-hand corner you will see that we have a large lot.
Can't even read that. That lot size is 14,640 square feet. The building size, as already
mentioned, is 1,450 square feet. The parking area is 7,000 square feet. Play areas
combined are 2,540 square feet. Traffic flow is designed one way flow for egress --
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excuse me -- ingress from the alley -- I think this shows it well -- egress to 3 as
suggested by P&Z staff and approved by Ada County Highway Department. This
provides for safety, not only for automobiles, but also for pedestrians. Reduces traffic
by one half at the ingress and egresses. Provides orderly flow through parking lot,
further enhancing safety. The project has been approved by Ada County Highway
District and their concerns are traffic safety. We have asked for no off-street parking.
All parking is on site with controlled flow. Two employees will park in the garage and we
have provided additional user parking spaces, not even required by the code or
ordinances, the operation and neighborhood considerations. The playgrounds are
located as far away from neighbors as possible. The larger children's play area is
located 65 feet from -- with garage, a buffer, and a six-foot fence between our north
neighbors. The alley or roadways are between all other sites. As you already know,
day care centers are considered good neighbors and are considered so, because they
are closed on weekends and evenings. May I conclude in that if this project is further
delayed the O'Tooles will miss the current window of opportunity that will not be
afforded them again for a full year, if ever. Therefore, we respectfully ask for your
consideration and for your approval of this project. If you have any questions, I would
be happy to answer them. Thank you.
Corrie: Okay. Any questions, Council? Okay.
Schmeckpeper: Thank you very much.
Corrie: Okay. Is Brandon here? You're the last one down here for that I have on the
list here. Is the testimony you are about to give the truth, the whole truth, and nothing
but the truth, so help you God?
B. Schmeckpeper: It is.
Corrie: Name and address, please.
B. Schmeckpeper: Brandon Schmeckpeper. 8810 Churchill, Boise. If I could have you
just bring up the star map. You guys have it. I'll try to be brief. I think you've heard
pretty much everything. I guess the only point I'd like to make -- and I will make it quick
-- is that the map includes all the signatures that have been submitted to the city and to
this Council, including those submitted by the Rokovitz or in opposition. It is worth
noting that all signatures inside the 300-foot area are petition signatures, both for and
against, people either signed the petition or abstained from signing the petition. All of
the orange stars outside the 300 feet area are all from the opposing petition, with the
exception of only one. In the attempt to find the true feelings of those in the area
outside the 300-foot boundary, we commissioned a simple survey conducted by a high
Meridian City Council
May 6, 2003
Page 26 of 66
school marketing student from outside the area. When the question was posed and
answered, all responses were recorded, both those in support and those who oppose
this project. Of all the responses gathered through this survey, all were in favor, except
one, and that has been indicated on the map as an orange star. I just think that's
probably the only thing I got to add.
Corrie: Okay. Any questions? All right. Thank you very much. Is there anyone else
who wants to issue testimony for at this point? Okay. Now, that testimony against we
have got two, four, six, seven -- eight here. We will limit that to three minutes on this
one. Bill McConnell is he here this evening? That's okay. Come on up. I just want to
say if Bill McConnell can be ready next time. Is the testimony you are about to give the
truth, the whole truth, and nothing but the truth, so help you God?
Crispelle: Yes.
Corrie: Name and address, please.
Crispelle: My name is Bob Crispelle. I live at 306 West Pine Street. I'm 40 feet west of
230 Pine. I'd like to read a prepared statement. I will be very, very brief. I would like to
point out -- this is -- some of this will go real quick. The last two meetings at Meridian
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Planning and Zoning, on March 20 and April 3, this application was rejected by a
three to one vote, because of the amount of people against this facility. There were 12
original signatures against the proposal. We now have 55 signatures. I might add that
these 12 originals of those -- those are all the homes north, south, east and west of this
facility -- this proposed facility. Of these 12, 10 are homeowners. There have been
some confusing and misleading statements throughout this process. At the first
meeting, 28 to 30 children facility at first meeting, 38 to 40 children at the second
meeting. Also, an indication that was determined by the Fire Department then, the
buffer zone to the north of 230 West Pine. What is required, I think, is a 20-foot buffer
zone, and then, it's gone down to 15 feet, then, nine feet. I believe 20 feet by code or
city ordinance is required, unless granted another change called a Variance. The
applicant is asking for a Rezone, Conditional Use Permit, and a Variance. This is
asking a lot, especially, under the controversial circumstances. It is my understanding
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the applicant also inferred to one close neighbor, my neighbor to the north on 3 Street,
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that wanted to support his application for this project. That an opening on 3 Street
through the parking lot on 230 West Pine could relieve some of the misdirected
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turnarounds on this dead end street, 3 Street, which is considerable at times. Well,
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folks, this is not the case. There will only be a one-way exit coming out to 3 Street
through a private parking lot, which is not public access. Now, I believe in finding this
out, this neighbor supports our side. He was supposed to be here tonight, but I don't
see him. Not to have this facility. This also means we have every homeowner north,
east, south, and west against the proposal. This is directly surrounding this facility in
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the center. There are two that -- on 2 Street that are rentals and the rest are -- and
they are owned by owners who -- one of them that supports this facility. There is also
going to be legal litigation, which is already -- over the northern property lines at 230
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West Pine and at 918 West 3. In closing, I'm asking tonight on behalf of these
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May 6, 2003
Page 27 of 66
neighbors, residential, tax paying homeowners, who have been told throughout this
process by the applicant, this is going to be good neighbor friendly, and conducive to
this area. Well, this is not the case. Instead, this has aroused the neighborhood to
petition Planning and Zoning and now you folks at the Meridian City Council. We ask
you to reject this application tonight, if possible, so that we might all get on with our
business. Any questions?
Corrie: Council?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: You said there were 55 neighbors that now were opposed to it and we have a
map that says --
B. Schmeckpeper: We have 55 signatures. I know some of them are out of the 300
foot.
Nary: Can you give me just an idea of approximately where --
Schmeckpeper: Certainly.
Nary: You need to use the mike. Either that mike there or --
B. Schmeckpeper: Okay. Just mark it or -- we have -- we have signatures -- these are
the original 12 that we have. Here. Here. Here. Here. Here. Here. Here. Here. Here
and here. This is an apartment complex here. Here. This was the person that was
opposed, who now supports it, because he thought it was going to be a different
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situation. We have -- let's see. 3 Street. We have this one, this one, this one, and
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this one, on down -- we go all the way down to the 900 block, and I know that's out of
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the area. We have signatures down 2 Street, here, some down in this area here.
Nary: Thank you.
Corrie: Thank you. Is Bill McConnell here this evening?
McConnell: I don't have any --
Corrie: Okay. Thank you, Bill. Patty Crispelle?
Crispelle: That was me.
Corrie: I got you as Robert.
Crispelle: Robert Crispelle the last name.
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May 6, 2003
Page 28 of 66
Corrie: Okay. Toni Root?
Root: I have nothing further to add.
Corrie: Okay. That's here. Next. Darin Rokovitz. Is the testimony you are about to
give the truth, the whole truth, and nothing but the truth, so help you God?
Rokovitz: I do.
Corrie: Name and address, please.
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Rokovitz: Darin Rokovitz. 918 West 3 Street. I live in the house immediately north of
the proposed site. I was kind of listening to some of this and I know most of what I said
before in opposition, that's in the P&Z notes, too, but a few of the things that I kind of
wanted to bring up that weren't really mentioned. I understand they believe that that's
going to be in the best interest of the neighborhood. However, I live there. I'm a single
dad with two children. My kids access that street all the time. One of them walks the
route along Pine Street and does go to school on a daily basis. Even took a count there
and on any given time -- and this was, actually, a low count, based upon when I talked
to the crossing guard, but there was one day at quitting time for school, there was over
75 plus kids that walk along that route that do come -- that, actually, walk home, they
don't ride bus or anything else. What they are basically doing is they are saying there is
no increase in noise, no increase of traffic this is just harmonious for the neighborhood.
Even in the ACHD report it said -- it bases it upon trips and the way I understand it is a
trip is considered two, going, dropping off is one, then, leaving is a trip. Two for every
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time, they drop off a child. They put in their notations, I believe, that it went on 3 Street
from ten trips to 160. This is a dead end street and it's a very short dead end street.
Right off the bat that's a little contradictory, saying it's not increasing the traffic here.
Ten to 160 to me is a considerable increase noise and pollution along with that. They
are addressing the issue of just the children. Now, we understand children can be
noisy, they will claim that. Yes, I live next to the school grounds. Even with that in
consideration, the playground -- all the play areas like swings and that are considerably
farther away from all of the residentials, roughly right in that area. Also, additionally, the
school does a very good job of not allowing the kids to come near those fences where
the residents live. They do not allow them to sit there and play by the fences. They
keep them out in the middle of the playgrounds. Additionally, we are talking about
additional noises here. It's not just children making noise. I work an evening shift I get
home very late, sometimes 10:00, 11:00, sometimes 2:00 in the morning. My main
sleeping time is morning time, anywhere from about 2:00 in the morning upward to
about 11:00. That's where I get my eight hours sleep, so I can function and go to work.
They are talking about this facility operating from 6:00 a.m. 6:00 or 6:30 P.M., I believe,
somewhere in the neighborhood. That means they are going to start having cars
coming in -- we understand that people try to be courteous, but you got doors banging
and things like that. You know, that many cars coming add pollution. You know,
exhaust. Summertime is coming. That accelerates it. There are six main daycares
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May 6, 2003
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within a one-foot radius -- a one-mile radius of our area and none of them are in -- right
in a residential area. I'll wrap this up very quick safety of the children. They addressed
it for the facility only. Seventy-five children walk there, you know, increasing traffic from
ten trips to 160 coming out on the road. That was their -- that's the one that –
Corrie: Your three minutes are up.
B. Schmeckpeper: Thank you.
Corrie: Thank you. Any questions. Is Ronald Rokovitz here? Is the testimony you are
about to give the truth, the whole truth, and nothing but the truth, so help you God?
Rokovitz: Yes.
Corrie: Name and address, please.
R. Rokovitz: My name is Ronald Rokovitz. I live at 19487 Apricot Lane. I'm the owner
of the property to the north. I have a statement here I'd like to read. I'll try to keep it as
brief as I can. I appreciate the opportunity to address you this evening. My wife, our
neighbors, and myself are responsible for the petition that you should have in front of
you that had the 58 signatures of the people who oppose this project. I turned those
into the Planning and Zoning Department last week. I obtained these signatures in
response to Dave McKinnon's statement that the Planning and Zoning Department did
not have the time or personnel to contact any of the residents beyond the 300-foot
requirements, although they are affected by the proposed development and have
signed a petition against this development. The Planning and Zoning staff report
indicates that they do not believe the rezone would be disturbing to the neighborhood,
but did not conduct any kind of a survey to see what the surrounding residents really --
how they really felt about this new development. As you know, the Meridian Planning
and Zoning Commission denied this, based upon the signatures of the residents. In the
proposed Old Town designated by your own Comprehensive Plan, the signatures are
from those folks in the designated Old Town. Dave has indicated that both the Mayor
and the City Council are interested in knowing what those people in this proposed Old
Town area -- how they feel about the proposed rezone and about the new commercial
development in there. Many did not attend the meeting at the first Planning and Zoning
or the second Planning and Zoning Meeting, because they were unaware of the
proposal. They were not notified by anybody at Meridian Planning and Zoning
Department. I believe you can see from the signatures that this day care center is not
wanted in this area. This area is predominately residential and wants to stay that way.
The Planning and Zoning Commission indicated in their notes that the request was
denied, because they did not feel the commercial should be forced upon residents that
didn't want it in their neighborhood. The proposal will cause traffic problems on Pine
Street, which is a street that is a major collector, has very little in the way of stop signs,
even fewer traffic signals. Traffic exceeds the speed limit, especially during morning
and evening rush hours and your policemen are the first to admit they do not have the
time, facilities, or manpower to do what they would like to do throughout the town of
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May 6, 2003
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Meridian. All cities are facing that problem. I believe the developer has indicated he
has made many improvements to his property and that's true. He has but he hasn't
made any improvements to the neighborhood, he hasn't made any improvements to the
neighbor's property, he -- the day care center is not needed in this area. There are six
commercial day care centers within one mile of this proposed location. I think the day
care center would be better located elsewhere where there is less traffic. There was no
consideration regarding ingress and egress right next to my property. I requested a 20-
foot buffer zone and that was denied. I have told the petitioners that signed the petition
that the Mayor and City Council would consider their wishes regarding this rezone and
regarding commercial development in their neighborhood. Thank you for your time.
Corrie: Thank you. Questions? Okay. Thank you. I hate to say this, but I probably
can't pronounce the last name, but is there a Randy or Robin here. Okay. Is there
anyone else in the public that would like to testify against at this time? Yes, ma 'am. Is
the testimony you are about to give the truth, the whole truth, and nothing but the truth,
so help you God?
C. Rokovitz: It is.
Corrie: Name and address, please.
C. Rokovitz: Charlene Rokovitz. 19487 Apricot Lane, Caldwell, Idaho. I grew up in
Meridian. My mother owned the house on the north since 1974. I'm sure that you have
read the minutes from the Planning and Zoning Meetings and are aware that the
neighbors do not want the Rezone, Conditional Use Permit, granted. The proposed site
is not enough for the intended use without considerable modification, Variances, and
even waivers of every waiver they can come up with. It was stated in the last Planning
and Zoning meeting that -- and I quote the only reason they are going over O-T is
because it is not approved in an R-4 zone, which it's presently zoned at. It's not
predominate in the neighborhood and the neighborhood is predominately residential.
Mr. Zaremba stated Old Town is a transition zone, changing from residential to
compatible business and commercial and that's the law that we must follow and Mr.
Centers stated let me add, too, the Comprehensive Plan is not a law, it's a guide for us,
it's totally not a law. Excessive modifications have been made without consideration of
the detrimental effects of the neighbors. All Variances, revisions, waivers that were
authorized were for the sole benefit of the developer. ACHD okayed the alley and the
street, even though they knew that their own requirements were not being met. They
were shown where their road was being cracked, where the gutters were cracked, they
intentionally ignored the wishes of the surrounding residents for the benefit of this one
developer. We have asked Planning and Zoning only for the legal rights and asked
Planning and Zoning to follow their own requirements with no exceptions, no Variances,
no waivers, to the 20-foot buffer zone, and that it have a parking -- no parking spaces or
garbage receptacles included in it. From the map that they just showed up there, it
looked like they have a new plan with less buffering than what they even turned into the
Planning and Zoning. I'm just going by what they had shown that it looked like. The
bushes along there were all filled in. We pointed out to them at that particular time that
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May 6, 2003
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the type of bushes they wanted to put in, not only would be bare in the winter, but they
grew -- according to a greenhouse, it would be five feet before they even had any kind
of foliage on them. We asked that the public alley was not used for the purpose of an
ingress and that the benefit -- for the benefit of one business, that there was no egress
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to 3 Street to add additional traffic to the dead end street. It was stated at the Planning
and Zoning Meeting by Mr. Centers when they ask for a five-foot buffer instead a 20-
foot buffer, that Mr. Schmeckpeper, and I quote, you apply for a permit and you want a
lot of exceptions that don't fly too well. A 20-foot buffer, you want five. You can't ask for
a lot of concessions when you're asking for a Conditional Permit. That's my view. The
city has certain ordinances and they like them followed and, then, to ask for the
exceptions sometimes just doesn't cut it. End quote. This is a big property dispute
going on with Mr. Schmeckpeper and even though he stated this isn't an issue, it is,
because he doesn't even know where he can put his fence up now, because of this
property dispute.
Corrie: Your time is -- kind of wrap it up. Your time is --
C. Rokovitz: Okay. One little paragraph here. Even though there is a law that is
boundary by agreement that back us, we didn't want to go to court, as our lawyer said, it
would take two to three years to get this property dispute solved. At this time it looks
like the property line on the north will be tied up in court for the next couple of years.
Because of all these reasons given by myself and the other neighbors and the petition --
and you should have a copy of the petition, because it was handed in last week.
Because of all these reasons, we believe that -- that you should deny this project and --
on the Conditional Use Permit and on the rezone. Any questions?
Corrie: Council, any questions? Thank you.
C. Rokovitz: Thank you.
Corrie: Anyone else like to testify at this time against the project? Okay. The
representative, you can have five minutes to rebut anything that's been said against it
and, then, we will --
Garrity: Thank you. I'll try to go below five minutes Kelly Garrity, again, on behalf of the
applicant. Thank you, Mr. Mayor. Just very briefly, three points that seem to keep
coming up are the numbers, opposition, location, and traffic, and those are the three
points I'd like to address very briefly in rebuttal. As far as the numbers, again, the map
that we pointed out and the supporting documentation point out both in favor and in
opposition and, as this Council is well aware, and as many folks are well aware, people
who tend to support things don't tend to show up at night and testify. We do have quite
a few signatures that support the stars who are in favor of this. I would also like to point
out that two of the most vocal opposition, the folks here in the audience tonight, actually,
live in Caldwell and don't live in this neighborhood. Another point, the traffic. Again,
that's been discussed. ACHD is taking a look at this. The nice flow that goes through,
the one way traffic pattern, that alleviates any congestion -- and, again, this is off of Pine
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May 6, 2003
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Street in an ideal location where most of the folks who will likely use this facility are
already using Pine as it stands. Given the testimony by Sharon, who says, you know,
mostly the folks coming from Meridian Elementary will likely be using this area, which I
believe is probably a safe assumption, given their pattern -- traffic pattern on Pine --
getting from Pine over to Meridian. Likely, the same parents who are dropping their kids
off at Meridian Elementary will be using Sunshine Academy. There was some
discussion, again, about the location -- ideal location. There may be other day-care
facilities in other areas of Meridian, but given the location by the school and you have
seen the improvements made by landowners to this area, this is, really, just a -- it's a
terrific facility, they put a lot of time and effort to this, they have got great folks with
wonderful experience who are going to be involved in this. Safety and education are
their two top priorities for these children. Just, finally, one more point, there is an
indication -- or a point made about this buffer zone. Just to clarify, it -- the bushes were
reduced only upon adding a fence. There is, actually, a fence and, then, there are the
bushes. It's 10 foot buffer with a fence, just to clarify for the Council. At this point I will
stand for any additional questions Council may have.
Corrie: Council, any questions?
Bird: I have none.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess because of its proximity to the school, what is the anticipated --
where the staff would walk the kids to school and leave them at various stages at the
school to walk them back then, hours of operation.
Garrity: If you don't mind if Sharon can answer that question for you.
Corrie: Just to remind you you have been sworn in.
O'Toole: Yes, I was. Let me just briefly show you this. The map that I gave you just
shows the Meridian Elementary School property area and the line drawn just shows the
walking path from the school to the center. As you can see, there are no -- they don't
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have to cross Pine Street, they just come straight up 1 Street and, of course, they
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cross -- there is one intersection across there at 2 Street, which is very low traffic and
it's on the same side of the street of Pine. The way that would work, it's primarily
kindergartners that we are talking about who either are in morning or afternoon
kindergarten and either need to be taken to school for their afternoon session or picked
up after the morning session and brought back. What we would do is send a teacher to
the school, they would pick them up at the front door of the school, there would be
written permission from the parents to the school, so they know that we are taking
responsibility for the child. They would know when that responsibility passes from the
Meridian City Council
May 6, 2003
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school to Sunshine Academy and, then, we would escort them to the building where
they are picked by their parents.
Bird: Mr. Mayor?
Corrie: Mr. Bird
.
Bird: Since when have these gates come off of Meridian straight through to that --
O'Toole: I don't know. I didn't try to match the --
Bird: I have never known it to -- is there a gate across there that is -- that is not a --
that's not a through street. That would be right between the administration building and
the doctor's office there and it does not go through, so you don't have a --
Corrie: You have to be on the record.
Bird: That's okay. No. That's okay. I just wanted to clarify the map, that that is not a
through street.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Tonight I think I heard you state and Ms. Garrity state that the -- that is doesn't
appear that children would be coming at one particular time it would kind of be spread
out.
O'Toole: That's correct.
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Nary: Okay. Now, on April 3 in front of the Planning and Zoning Commission that's
not what you said. You said it would be predominately in the morning, predominately in
the afternoon and very little during the mid day.
O'Toole: There is not a lot in the middle of the day, but they are spread out over those
morning hours. The center is scheduled to be open from 6:30 A.M. to 6:00 P.M. and,
typically, children arrive at the center between 7:00 and 8:30, as the elementary school
starts at 9:00, so most parents bring their children to school and take the elementary
child if they have one. That's just -- that's just typically how it goes. In the afternoon
parents tend to pick their children up anywhere between 4:00 and 6:00. We are spread
over those couple of hours there. There is very little traffic in the middle of the day,
although there might be a few people bringing their kindergartner to the afternoon
session.
Nary: Right and that's what I guess was confusing, because you previously stated more
like a day care, there was kids come in the morning and all the kids get picked up in the
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May 6, 2003
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late afternoon, but tonight you made it sound like it was like a school, that there is
classes all day long --
O'Toole: No. No. Well, there --
Nary: -- with people coming and going all day and that spreads the traffic out. It doesn't
appear to me from what you're saying that it really spreads the traffic out.
O'Toole: It doesn't spread it out across the day. I guess my point is that it spreads it
out over a couple of our period and a couple of hours. If you're looking at, you know, 25
or 30 cars, probably, in that -- someplace in that area, maybe a few more, spread over
two hours, that's not a lot at one time. It's not like school starts at 8:00 and everybody
has to be there at 10 minutes to 8:00. Does that make sense?
Nary: Well, it's more than a couple of hours now, but the other thing I -- you're talking a
lot about Meridian Elementary and the safety to and from the school, so is this Sunshine
Academy only going to accept children that go to Meridian Elementary?
O'Toole: No.
Nary: So, how are those other kids going to get to school?
O'Toole: They will be brought to the school by their parents and picked up by their
parents.
Nary: Okay so, you won't be --
O'Toole: It won't --
Nary: -- transporting kids to school or back?
O'Toole: No. We will not be transporting children to school and back. Our primary
target are preschoolers and most -- we will have a toddler room -- a separate toddler
room that serves children 18 months to two and a half and that room will hold eight
children only and the rest will be mostly three to fives, even though we can take an after
school child up to nine, but, then, you're talking like 3:30 to -- mom gets off work.
Nary: So, again, if you -- so, if the parent wants -- a parent has a kid at a different
elementary school, you're not going to go get them, they are going to have to transport
them there after school to your place or find someone else to transport them?
O'Toole: That's our big -- our program is not really an after school program. Okay?
Although we can accept a few children after school if we have slots, as parents provide
the transportation. That is not our focus. Our focus is preschool.
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May 6, 2003
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Nary: So, again, a majority of your parents are going to come -- if they are not school
children that you're focusing on, then, a majority of your parents are going to come
between 6:00 and 8:00, because they don't have kids in school and they are just going
to work. Isn't that what --
O'Toole: They are going to -- well, typically, there may be one or two children at 6:00
o'clock, but I have been in a lot of centers that open at 6:00 and it's 7:00 before anybody
gets there. You're talking about one or two children that early.
Nary: So, we could change it to 7:00 for operating hours and that would be all right?
O'Toole: Well, I don't want to eliminate that service for the people who need it, but what
I'm saying is, typically, there are only a few people who need those early hours.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: We are talking about 6:00, but I thought she just stated it was 6:30 A.M.
O'Toole: It's 6:30 A.M. to 6:00 P.M.
Bird: And I agree with you that I think there is very few people that leave at 6:30,
because if you want to go to Boise, you leave about that time you can whiz right in.
Now, if you wait until 7:00 or 7:30, then, you're -- got traffic.
O'Toole: I mean my experience with centers is most of them are open that early and
they may have one or two children and they want to accommodate those parents, but
there are not a lot of children at that hour.
Corrie: Any other questions? Okay. Thank you, Mrs. O'Toole. Counsel, do you have
any other questions to ask during the Public Hearing are you through?
Garrity: Just in summation, in the event the Council chooses not to approve the
applications, we would ask that the Counsel provide what standards haven't been met
and what the applicant could do to actually meet the standards. We respectfully request
and hope and that the Council, after hearing the testimony, would approve these
applications. Thank you very much for your time.
Corrie: Council do you have any questions for the Public Hearing at this point?
Bird: I have none, Mayor.
Corrie: Okay. Hearing none, then, I will entertain a motion that we close the Public
Hearing on Item 9 and 10, request for rezone and also request for a Conditional Use
Permit.
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May 6, 2003
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Hawkins-Clark: Excuse me, Mr. Mayor?
Corrie: Yes. Brad.
Hawkins-Clark: Would it be possible to get one from staff in before the hearing is
closed?
Corrie: Yes. Go ahead.
Hawkins-Clark: During the testimony time we -- and we have not spoken with the
applicant about this, but we were just doing, with a scale, a little bit of work on the Site
Plan and the ordinance for off-street parking does allow for angled parking. In this case,
as you can see, they have 90 degree parking that they are showing there. If you angle
the parking, since you have one way traffic, so that's really the only time angled parking
works, so you would have, potentially, your parking come in, back out, and move out. If
you did that, our quick estimates are that they could, potentially, get these two parallel
stalls that they are showing down here, you know, up here along the garage and the
building. Now, it may impact this play area, but if a redesign is possible, our point is that
this buffer on the south side could potentially increase to approximately 17 or 18 feet. It
is supposed to be 20, according to the ordinance, because it is single-family adjacent to
a day care, which does require 20. We just wanted to throw that -- that quick analysis
here at the staff table does show that that may be possible with a little reconfiguration.
Corrie: So, 18 rather than 20 that's required?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: That's the north side. Is that the south end?
Hawkins-Clark: Correct.
Bird: Yes.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I did have one more question. Brad, one of the things that confused me a little bit
about this application -- I don't recall other businesses in the city that have their main
ingress from an alley. Is that uncommon? I mean don't -- I can't think of another
business that has the main entrance into their business from an alleyway. Are there
other ones?
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May 6, 2003
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Hawkins-Clark: Councilman Nary, I can't say for certain, but, you're right, I mean
certainly the vast majority of projects have -- I mean the alleyways are public rights of
way --
Nary: sure.
Hawkins-Clark: -- that Ada County Highway District has jurisdiction on and they have
had a hearing and they have said that that would be a legitimate use of that alley but,
you're right, no, in terms of the primary access that it's --
Nary: Is the alley currently a one way?
Hawkins-Clark: Most alleys in the city are. I don't know that for a fact on this case.
Nary: Most alleys are a one way?
Hawkins-Clark: Yes.
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Nary: But 3 Street isn't one way, I assume. It's a two way street so, it's just that alley.
Bird: The alley isn't a one way. That's the only access.
Nary: Yes. I don't think it's --
Bird: And neither one of those are -- all along there -- you know, I have drove that since
1965, so I -- all those alleys are two ways in and out of there.
Corrie: Any other questions? Okay staff, anything else?
Hawkins-Clark: No. Thank you.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: If no one has anything else, I guess I'd move to close the Public Hearing.
McCandless: Second.
Corrie: Motion has been made and seconded to close the Public Hearing. Any further
discussion? Okay. All those in favor say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Corrie: Further discussion, Council?
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May 6, 2003
Page 38 of 66
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I think the Meridian Planning -- entire downtown corporation has taken Old Town
thth
in that urban renewal area from 4 to 4, so it's just when that will be enacted I have no
idea but -- so, the changing of the zoning isn't -- is going to happen sooner or later, I
suppose, on the deal. I just thought I'd throw that out.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I guess for the sake of discussion and in looking at the Zoning Amendment first,
without doing that, really, there is no point in the CUP, but in looking at 11-11-15 -- or,
excuse me, 11-15-11. I'm sorry, in looking at the findings that we need to find to allow
for this -- and Ms. Garrity is correct, sort of as an amalgam of the CUP requirements, as
well as a few additional requirements to allow for the rezoning. In looking at each one
of them, under Subsection A it talks about the zoning is harmonious with the
Comprehensive Plan. Clearly it is. I mean we did include this area in the Old Town
area. What's different, though, in a rezone, rather than just a CUP, is that we have to
look at the uses at the time of the rezone that's being requested. It says is the area
included in the zoning amendment intended to be rezoned in future. Again, obviously, it
is. I think A and B we can certainly find. C says is the area included intended to be
developed in a fashion that would be allowed under the new zoning. For example, a
residential area turning into a commercial area by means of Conditional Use Permits.
Again, I think that's what this is. The difference in this is this particular area, at least at
this time, it has, -- I guess the problem is that there is not a tremendous amount of
businesses on the north side of Pine. There is some I believe right here on the
entranceway into Meridian Elementary, there is some businesses right there, but there
aren't any businesses along Pine Street on that side and I'm sure, Council, you folks
remember about a year and a half ago they asked to put a school about six blocks down
Pine Street on the north side, right on the corner from there, and Planning and Zoning
Commission denied it and said the school -- that school was incompatible with the
surrounding neighborhood. On D it says has the change in the area -- has there been a
change in the area to dictate that the area should be rezoned and there hasn't. Again, I
think that's unfortunate from the applicant's standpoint, I think someone has to be first
and that's kind of where they are at. There has not been change of any significance in
that north side of the roadway at this particular time. Under E it says will the proposed
uses be harmonious and appropriate in appears with the existing intended character of
the general vicinity and that such use will not change the essential character of the
same area and I don't know that I can make that finding. This is a wonderful facility. I
think this sounds like a very nice day care facility and I think it is something that could
be an asset to our community. I don't know that it can be an asset there. I don't know
that that location is very good for this business with this intense use in that one block
street that's a dead end, butted against all these other homes -- I mean I think the
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May 6, 2003
Page 39 of 66
Schmeckpeper’s have done a wonderful job in revitalizing that house from what it was
and putting it into a much more usable condition than it used to be. I'm not sure that I
can make a finding that this will be harmonious and in character with the general
vicinity, based upon both the testimony provided by the residents, as well as the fact
there is no other businesses of this particular type in the area that are immediately
adjacent to that, they are all residential homes and multi-family residences. F says it
will not be hazardous and disturbing to existing or future neighboring uses. Again, I'm
not sure that I can make that finding either way. I don't see that there was a lot of
evidence presented on that, but I think the evidence that was presented is that it is
disturbing to the existing neighborhood uses, that that level of traffic and noise that's
generated by it and potential pollution, that that alleyway -- I am usually a very, very big
supporter of the Ada County Highway District, but this sounds like a shoehorn to me. I
mean we really shoehorned this roadway ingress into this property in an alley and I
don't know of any other place in Meridian that has that kind of ingress into a business
right by people's homes like that. It says -- H says will not create additional, excessive
public cost for facilities and services or detrimental to the economic welfare of the
community. I don't believe that this would be any of those things and I think we could
certainly make that finding. I says the proposed uses will not involve activities,
processes, materials, or such that would be detrimental to the persons, property, or the
general welfare by excessive production, traffic, noise, smoke, fumes, glares, or odors.
That street currently has I think four homes on it and to go from 10 vehicle trips a day to
160 is a significant change in character for that street. That is a tremendous difference
from what exists currently. J says will the area have a vehicular approach to the
property, which will be designed not to create interference with traffic or surrounding
public streets. What I fear is what's going to happen is no one is -- very few people are
going to use that alleyway through there and the drop off is going to be out here on Pine
Street causing more traffic congestion than what currently exists and I think that's a
problem to me. K says will result in the destruction or loss or damage of natural or
scenic features of major importance. I don't see that as a particular problem and
certainly that finding I think you could make. Is the proposed Zoning Amendment in the
best interest of the city? I think that's kind of the catch-all on the bottom line and we
have to find the other findings of all of them to rezone, not just one of them, and not
most, we have to find them all, and I can't find them all. I think this is a great facility. I
think the people that want to run this facility will do an excellent job. I think what they
offer to the community for day care is great. There are facilities like that on Linder, that
large, that are for a large number of children that provide varieties of opportunities for
people in the community for their children, I just think this location is not the one for it. I
think this is a place that is not really geared for a facility for this sort of use of this
intensity and this size in the neighborhood. If we were in -- you can ask for this
Conditional Use Permit for a center in any subdivision in this town and if you do ask for
this in any subdivision, the likelihood, in my opinion, that we would approve that is about
zero. I don't know why this is any different. This is not geared towards this type of use
in that area. These -- I think these facilities are wonderful, I just don't think they need to
be smack in the middle of a neighborhood. The level of traffic that comes and goes
through those facilities is gigantic. That's why on Linder we required they put in a
turnaround, why they had to have a larger facility for having cars coming in and out of it,
Meridian City Council
May 6, 2003
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and this one doesn't have it. This is no big -- this is about the size of what they are
talking about as those facilities on Linder that we required more space. I can't make this
finding for rezoning this, therefore, the CUP isn't necessary, but I just don't see how,
with the evidence that we have before us, we make any of those findings or every one
of those findings to allow this rezone.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: When the one clearance -- clarification I want to make is on the difference in
th
schools. Yes, we have turned down a school down on 11, block number 11, but it was
an alternative high school for kids that could not make it in the standard high school and
was brought down to the little school so, you're talking about a big difference.
Nary: We did not make any findings based on the kids in the school. It was having the
school in that neighborhood.
Bird: We didn't have the --
Nary: But I did on the Planning and Zoning Commission and that's where it was made,
not because of the kids that were in the school, no.
Bird: Yes. Well, there is a difference there, but --
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I think this is a good use, but the intensity also concerns me. It's too many
kids and I understand the configuration to the square footage in the home or in the
structure determines the amount of kids, but I think as we look at our zoning laws and
we put the number of kids in different residential zones, there was a reason we had the
numbers where we did. This is a high, intense number, which changes the complexion
of the ingress into that alleyway, so the residential that would be on there would also
rd
have to follow the contour of the loop and have to come out on 3. There are some
issues. I personally -- I think that -- and I'm not a traffic engineer, but I know several in-
home centers that do preschool and they will be capturing trips from that elementary
school and walking them back and forth and so I don't see that they are going to have
this typical traffic that you see in the centers on Linder. I guess my concern was the
number of kids, it's more than 30, it has been changing, and it will -- it will alter the area,
even though I think because the church is there, the businesses by the school, and
there are starting to be some businesses considered across the street, Pine Street is a
collector, it's built for traffic, it is the integrity of that area that would be of concern and I
still think it's an acceptable use, but the numbers concern me as well.
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May 6, 2003
Page 41 of 66
Corrie: Okay. Thank you. Anyone else? Hearing none, I'll entertain a motion, then, if
you're ready to, on the request for rezone, RZ 03-003.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Nichols, based on the part I just put into the record, do you think, from a
finding perspective, that you need more than that?
Nichols: Mr. Nary, Mayor, Members of the Council, we have the luxury of Mr. Willis's
transcript to go from in preparing those transcripts, which -- or those findings in
relatively short order. If I recall correctly, there were two specific findings that you felt
were not supportable by the evidence.
Nary: Yes.
Nichols: And you did detail those out in your discussion.
Nary: Okay.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Although, Councilman Nary, I think, just so the applicant and the neighbors
have a better understanding, it would be good to communicate those in your motion.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I'm going to move to deny RZ 03-003, the request for a rezone of .35 acres from
R-4 to an O-T zone for Merlyn Schmeckpeper by Merlyn Schmeckpeper at 230 West
Pine Avenue, pursuant to the record as presented tonight, as well as specifics under
Meridian City Code 11-15-11. That there is inadequate evidence in the record to
indicate -- in fact, the evidence is contrary that under 11-15-11, Sub D, that the adjacent
area has not been changed to any significant degree, since the Comprehensive Plan
was implemented. That under Subsection E, the design and use of this property, from
the evidence that has been presented by the neighbors, would not be harmonious with
the character of the general vicinity of the neighborhood and will change the character
of the neighborhood significantly by the intensity of uses of traffic and the like. That
under Subsection F, it will be disturbing to the exiting neighboring uses which are all
residential either single or multiple family dwellings and very few, if any, commercial
businesses in the immediate adjacent area. That under Subsection I, that it also will
significantly impact and be detrimental to the general welfare of the surrounding area by
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May 6, 2003
Page 42 of 66
reason of excessive production of traffic, noise, from the increase of traffic from this
particular business and the configuration of traffic flow around the businesses. That
under Subsection J, the vehicular approaches to the property will be significantly
impacted and interfering with traffic on surrounding public streets by the significant
increase from the current level of service to an increase that's about eight -- well, about
20 times the current level of service on that particular street. Include all comments of
the Planning and Zoning Commission as well and for counsel to prepare Findings of
Facts and Conclusions of Law and Decision and Order for denial.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded. Further discussion? Hearing
none roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, naye.
Corrie: Vote is three ayes, one nay. The request for rezone is denied.
MOTION CARRIED: THREE AYES, ONE NAYE
Corrie: Mr. Nichols, what do we do on Number 10? Is it necessary to do anything now
on the Conditional Use Permit?
Nichols: Mr. Mayor, if I can ask a question of staff. Brad, I'm correct that the CUP could
not be applied for in an R-4 with regard to this particular use?
Hawkins-Clark: That's correct.
Nichols: Mr. Mayor, Members of the Council, it would probably be a sufficient finding to
find that the zoning was not -- was not changed. If there are additional items that you
wish to include in your motion that you feel that state statutory requirement of explaining
to the applicant what they might be able to do to obtain approval, you could certainly do
those, but I think you have probably done that with regard to the rezone findings or you
can incorporate the rezone -- denial of the rezone in your motion.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Then, I would move to deny CUP 03-006, the request for the Conditional Use
Permit for a child care facility for approximately 30 children in a proposed O-T zone for
the Sunshine Academy by Sharon O'Toole and Debbie and James Sheridan at 203
West Pine. To include comments of the Planning and Zoning Commission, as well as
comments presented tonight, to incorporate the findings of RZ 03-003, as well as
indicated in the findings for this, that the rezone was not granted. Therefore, this
Conditional Use Permit would be incompatible for the current zone of this particular
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May 6, 2003
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property and for counsel to prepare Findings of Facts and Conclusions of Law and
Decision and Order.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded. Any further discussion? Roll call
vote, please.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion is approved.
MOTION CARRIED: ALL AYES
Corrie: At this time I'd like to take about a five-minute break, if I may, and we will be
back to do the other Public Hearing on the Comfort Suites. Let's come back here in
about 10 minutes.
(Recess.)
Item 11. Public Hearing: AZ 03-007
Request for annexation and zoning of 2.223
Comfort Suites
acres from RUT to C-G zones for by Kanti Patel – west of
South Eagle Road, south of East Magic View Drive on South Wells Street:
Corrie: Okay. If everybody will take their seat, we will continue the Public Hearings,
Number 11. This is a request for annexation and zoning of 2.223 acres from an RUT to
a C-G zone for Comfort Suites by Kanti Patel, west of South Eagle Road, south of East
Magic View Drive on South Wells Street. I will open the Public Hearing at this time on
Item Number AZ 03-007, and invite staff's comments first.
Hawkins-Clark: Thank you, Mayor, Members of the Council. This item is requesting
annexation and zoning into the City of Meridian. The property is located within the
Magic View Subdivision on the west side of Eagle Road, north of the I-84 on ramp. The
Idaho Transportation Department right of way is just showing up here as one large block
of right of way, but the on ramp is more or less here along this boundary. There is a
road, I believe, that's not shown on this vicinity map, called Freeway Drive, that runs
here from Allen, which is the north-south street, and, then, curves around this property
and, then, hooks up with Wells. The Holiday Inn Express is already zoned commercial
general, as are these other six or seven parcels within Magic View Subdivision. The
request tonight is for the same zoning as these other parcels shown here. The corner
piece here on Freeway and Allen was recently approved for a hotel as well, Hampton
Inn Suites. The request here tonight is just an annexation and zoning request. If it is
approved, the C-G zone would allow a hotel use outright without any Conditional Use
Permits. As you can see, there are predominately large undeveloped tracts out there,
two and a half to five acres in size. The Ada county subdivision here over to the west is
one acre subs, single-family housing. I guess those are the only two slides we had on
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May 6, 2003
Page 44 of 66
rd
this project. There was a staff report that was prepared, dated April 3. The legal
description has been checked for accuracy and other standard annexation staff reviews.
We did perform those and the findings are there for your consideration. Planning and
Zoning Commission did recommend approval of the annexation request. The Site Plan
that was submitted is not specifically approved. Of course, they would have to come in
with the standard Building Permit process and we would review the Site Plan at that
point in time. The contiguity does take place, even though it's not shown here on the
map, of I-84, along with a strip of land adjacent to I-84 and ITD's property, was annexed
to a light industrial and that's where they are contiguous to the city limits. The tax
parcels -- buildable parcels around them, as you can see, all remain Ada county
jurisdiction, so this would be -- this would be the first annexation in this particular block,
but they are contiguous on the I-84 there. That's all I have at this point.
Corrie: Thank you, Brad. Any questions of Council?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Brad, on that Hampton Inn Suites, I know we had a discussion with the developer
about signage adjacent on the freeway, but I don't recall, was there a Development
Agreement or anything like that limiting signage and is there anything like that on this
property or any discussion about it?
Hawkins-Clark: Mr. Nary, Members of the Council, there was a Development
Agreement on that five-acre parcel for Hampton Inn. I don't have that with me. I don't
believe that signage was specifically addressed as a part of the DA. Our sign ordinance
has an I-84 overlay zone, so that if your property lies within 300 feet of the I-84 right of
way, you can go up to a maximum of 40 foot tall sign. I don't -- I don't believe signage
was addressed as a part of the Hampton Inn, but I would have to verify that. The
project here does not -- that we are talking about tonight does not have a sign condition
placed and I don't believe the Planning and Zoning Commission even recommended a
Development Agreement. It would just be a straight annexation.
Nary: I think on the Hampton Inn, I think the discussion was with the developer and
they, you know, understood that we were not going to have a hundred foot sign on that
property and they committed that that's -- they were just fine with whatever signage was
allowed them. No other Variance or exception. I just didn't know if that was discussed
with this developer. We can discuss that when they are up here. Thanks.
Corrie: Any other questions? Okay. This is a Public Hearing. Is the representative of
the Comfort Suites here? Is the testimony you are about to give the truth, the whole
truth, and nothing but the truth, so help you God?
Toll: Yes.
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May 6, 2003
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Corrie: Name and address, please.
Toll: My name is Rocky Toll. I'm with Design Resources. My address is 1014 La
Pointe in Boise. Basically, I'm fine with the facts and conclusions that the Planning and
Zoning has and I would be glad to answer any of the questions that you have got in the
capacity that I have, so --
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: As you can tell, my concern is signs. We have a lot of very tall freeway signs that
I'm not very found of that are over there and I'm always concerned that when you have
visibility from the freeway and the access roads are not real direct, that the next thing
you're going to be back here or someone else is going to be -- a developer is going to
be back here and wanting a hundred foot sign that's lighted that you can see from
Caldwell. Has that issue been discussed and are they understanding that that may not
likely happen? Or it might not happen.
Toll: I have not discussed it with them. Typically, we don't get involved in the signage
as far as what they have got. If you have got an ordinance and that's what it is, that's
what they are going to have to go by. I have not discussed anything by them.
Typically, we let somebody else work the signage as far as what they are doing and we
just do the building on the site and try to -- try to find out what the Planning and Zoning
and the building department wants us to do.
Nary: All right. Thank you.
Toll: Any other questions?
Corrie: Okay. Thank you.
Toll: Thank you.
Corrie: Is there anyone else here that would like to testify for this project? Is there
anybody to testify against this project? Okay. Council, any questions, then, on the
Public Hearing of staff? Any questions? Okay. Hearing none, I will entertain a motion,
then, if we are ready, to close the Public Hearing on AZ 03-007, Comfort Suites.
Bird: So moved.
De Weerd: Second.
Corrie: Motion made and seconded. Any further discussion? Hearing none, all those
in favor say aye. Opposed no? All ayes. Motion carried.
Meridian City Council
May 6, 2003
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MOTION CARRIED: ALL AYES
Corrie: Any further discussion? Hearing none, then, I will entertain a motion on the
request for annexation and zoning.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move we approve AZ 03-007, request for annexation and zoning of 2.223
acres from RUT to C-G zones for Comfort Suites by Kanti Patel, west of South Eagle
Road, south of East Magic View Drive, on South Wells Street, and for the attorney to
draw up the Findings of Facts and Conclusions of Law and Decision of Order and
include all staff and Planning and Zoning conditions.
Corrie: Okay. Do I hear a second?
Nary: Second.
De Weerd: Second.
Corrie: Okay. Motion has been made and seconded. Is there any further discussion
on the motion? Hearing none, roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, yea.
Corrie: All ayes. Motion for request for annexation and zoning for Comfort Suites is
approved.
MOTION CARRIED: ALL AYES
Item 12. Public Hearing: CUP 03-005
Request for a Conditional Use Permit for a
Meadow Lake Village
Planned Unit Development for by Hummel
Architects, P.A. – east of South Eagle Road on East Franklin Road:
Corrie: Item Number 12 is a Public Hearing, CUP 03-005, request for a Conditional Use
Permit for a planned unit development for Meadow Lake Village by Hummel Architects,
PA, east of South Eagle Road and East Franklin Road -- on East Franklin Road. At this
time I will open the Public Hearing on the request for Conditional Use Permit and ask
Council -- or, excuse me, staff first.
Hawkins-Clark: Mayor, Members of the Council, this item is requesting a Conditional
Use Permit to revise their existing conceptual planned development. As you're well
aware, the project is well under construction. The plat -- they have had a plat to
construct a private -- I'm sorry, a public street into the property off of Franklin Road. The
plat is at this point in time just two large lots, but they did submit that as an application.
Meridian City Council
May 6, 2003
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They have also, as you can see, annexed and zoned a parcel in the center that was not
a part of their original application in '98 or '99. That is where they currently have their
sales office, I believe. There remains one remnant parcel that is here on the south side
of Franklin Road, which the Touchmark development does surround. Again, Montvue
Subdivision is contiguous to the project here on the west. The Ridenbaugh Canal is
wrapping around it to the east and, then, I-84 on the south side. This is a Site Plan that
was submitted that shows the proposed modifications to their concept. We do have
copies of the original here that we could put on this other projector if the Council would
prefer. We did not put those into our slide slow, but if you want those, we could set it
up. Generally, they were showing previously on the Franklin Road frontage -- this is the
dominant change is the Franklin Road frontage and, then, some use changes that kind
of wrap here around to the south and west. The frontage is shown to be a mixed-use
retail and office. The street that would access off of Franklin is another general
change. This was a cul-de-sac before they are now having a through street that would
parallel Franklin Road to provide access through the project. The Planning and Zoning
Commission staff did look at that as to whether private or public and we are
recommending that that go public. The shifting of the commercial and office buildings
around in the project is not prohibited, but the revisions would require the dedication of
a new public street to act as a frontage road parallel to Franklin and I just talked about
that. The one change in terms of use that came up at the Planning and Zoning
Commission was related to the condition -- where Conditional Use Permits would be
required for the Touchmark project in the future. As the current concept stands, all
phases have to come in through -- with Conditional Use Permits. The modification
that's before you tonight is to not require the residential components more or less in the
center of the project to have a separate CU, but any other nonresidential detailed Site
Plan or building pad site would have to come through again. Because we have not
seen parking layouts and other details related to landscaping and trash enclosures, et
cetera. So, that would be coming in the future. In terms of the phasing of the project,
they were asked to submit a revised phasing plan at the Planning and Zoning
Commission and they did do that a couple of weeks ago. The only thing I would point
out -- the applicant can certainly address this further, but they are showing the second
access off of Franklin -- or from Franklin into the project to be moved from Phase 2 to
Phase 3. That is a change from the approved phasing plan. The numbers are a little
bit difficult there to see, but Phase 5 is here, Phase 3 is more of the frontage area, then,
Phase 2 is really all of this residential down here around the Ridenbaugh and, then,
down to the I-84 frontage area. I think the Planning and Zoning Commission
recommendations just added to staff's recommendations the two changes and those are
the phasing plan, as well as revising of the Development Agreement to allow completing
Street H -- the Franklin Road intersection and H and just dealing with some of the
phasing there. That Development Agreement would need to be changed if this concept
modification is approved. Thank you.
Corrie: Thank you, Brad. Any questions?
De Weerd: Mr. Mayor?
Meridian City Council
May 6, 2003
Page 48 of 66
Corrie: Mrs. de Weerd.
De Weerd: I guess just a point of clarity is the road that's supposed to connect to the
west, to Montvue, is that not in phase one or isn't it? I can't see it.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Maybe to clear this up. This appears to be all one, this roadway, and this is two.
All of these roadways and the structure is one but the numbers are pretty small.
Bird: That's not one. It's looks like one to me, but --
Nary: Well, I guess --
Bird: It is a one?
Hawkins-Clark: It is a one.
De Weerd: For our eyes, color is probably --
Bird: It is a one.
De Weerd: Is better.
Corrie: And we will give it back. We won't steal it.
De Weerd: Well, Will may not, but we would.
Corrie: We'll use it to answer a question. Any other questions?
Bird: I have none, Mayor.
Corrie: Okay. Is the applicant or representative here this evening? Is the testimony you
are about to give the truth, the whole truth, and nothing but the truth, so help you God?
Miller: Yes, sir.
Corrie: Name and address, please.
Miller: My name is Jason Miller. I'm with Hummel Architects and I represent Meadow
Lake Village by Touchmark, which is east of the intersection of Eagle Road, off of
Franklin frontage. Mr. Hawkins-Clark, I think it would be helpful to put up the original
plan submittal, the concept plan submittal on the overhead. What we are here asking is
primarily that shift of the commercial to the Franklin frontage and once they get that
Meridian City Council
May 6, 2003
Page 49 of 66
original up -- we have, actually, got some boards that we got of the -- the Franklin
frontage, with the shift of that commercial to that frontage, is what we are before you
requesting. I apologize. I thought we were going to have it on the overhead. This is
the original concept development plan that was before you three or four years ago. You
notice that the Franklin Frontage was residential at that time. After reconsidering
placement of that residential, we elected to re-present the concept development plan,
pulling commercial to the Franklin frontage, thus, creating a viable development along
that Franklin frontage, a better gateway into the City of Meridian from Boise to the east
and also buffering the nature of this retirement community back from Franklin Road. At
this time we take no exception to the findings of the Planning and Zoning, with the one
exception on Page 6 of their findings, item number F -- under Item F-1, it's concerning
the Nampa-Meridian Irrigation District. There was a confusion with that application
initially where it came through as Touchmark a couple years ago on the land use site
change, site application, and that's been clarified and I can provide that letter to staff
tomorrow morning, that this application is now -- the project is now titled Meadow Lake
Village. We ask that that last item on the findings be stricken and any questions if you
have got them?
Corrie: Any questions?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I'd like to make one comment. That waterfall you guys did out on the project on I-
84 is one of the most beautiful attractions I have seen and it is absolutely beautiful and I
appreciate the development doing that. I really do. It's a real attraction, gateway into
our city on the freeway.
Bird: Mr. Mayor?
Corrie: I'm going to recommend you to the Council to do something about the entrance
to Meridian.
De Weerd: Please. Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess just a comment, because I like what you're doing, you provided, in
essence, somewhat of a frontage road that will allow connectivity between the two
entrances and it just seems to have a better flow to it. I think this is definitely improving
your project and making it, indeed, even more of a community asset so, I thank you.
Corrie: Thank you. Is there anyone else here that would like to issue testimony
tonight? Okay. Thank you. Council, any questions for the Public Hearing? Council and
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May 6, 2003
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also staff? Okay. Hearing none, I'll ask for a -- to close the Public Hearing, if you so
desire.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move we close the Public Hearing CUP 03-005, request for Conditional
Use Permit for a planned unit development for Meadow Lake Village by Hummel
Architects.
De Weerd: Second
Corrie: Motion has been made and seconded to close the Public Hearing. Is there any
further discussion? All those in favor say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Corrie: Further discussion on the request for Conditional Use Permit?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess just one additional comment is this change also gives a choice to
the person within this development on how to get out of it. I know sometimes the traffic
there can be backed up way passed their first entrance and so it just is a real welcome
change.
Corrie: Any other discussion?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I'd like -- as Councilwoman de Weerd had stated earlier, I like the concept of
going to some office retail. This will make it -- be able to make it a more complete
village for the elderly and stuff, if they don't have to travel far. It's very nice and I really
like the concept of the new footprint.
Corrie: All right. Anyone else? Okay.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Meridian City Council
May 6, 2003
Page 51 of 66
Bird: I would move that we approve CUP 03-005, request for a Conditional Use Permit
for a planned unit development for Meadow Lake Village by Hummel Architects, PA.
East of South Eagle Road and East Franklin Road, and for the attorney to draw up
Findings of Facts and Conclusions of Law and Decision of Order and incorporate the
staff and Planning and Zoning comments, with the exception of F-1 has already been
taken care of, which the applicant will get to the staff tomorrow. And with that I'm done.
McCandless: Second.
Corrie: Okay. Motion has been seconded. Is there any further discussion? Okay. Roll
call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Request for a Conditional Use Permit is approved.
MOTION CARRIED: ALL AYES
Item 13. Public Hearing: CUP 03-009
Request for a Conditional Use Permit for
Hark’s
the development of a rental / restaurant complex in a C-C zone for
Corner
by Van Hees Properties, LLC – southwest corner of West Franklin
Road and South Linder Road:
Corrie: Item Number 13 is a Public Hearing, request for a Conditional Use Permit for
the development of a retail/restaurant complex in a C-C zone for Hark's Corner by Van
Hees Properties, LLC, southwest corner of West Franklin Road and South Linder Road.
At this time, I will open the Public Hearing and invite staff's comments first.
Hawkins-Clark: Thank you, Mayor, Members of the Council. As you know, this property
has existing uses on it. The zone is community commercial. The property is generally
developed on the west -- on the eastern half right now, the Linder Road frontage. The
Site Plan that they are proposing at this point in time is to, essentially, add three
buildings to the site that would add approximately 10,250 square feet of commercial and
restaurant uses on the west side of the property. I'll just quickly go to the portion of the
property that is developed now, so you can get a feel. They have the existing Arctic
Circle Shell C store, along with their fuel bays, parking, and RV parking off of Linder
Road. The car wash facility down here in the southern side and, then, there is an
existing coffee kiosk here closer up to Franklin and, then, it's this western area that was
shown as future retail when they came through a couple of years ago and this
application is to, basically, put multiple -- continue to place multiple buildings on a single
parcel without platting it. The frontage, as I was informed by Mr. Van Hees this evening,
has, actually, been landscaped the full length of their parcel, so it does go from the
corner all the way down to their western property line. They would utilize the curb cuts
that were constructed to enter into this half of the project. You can see general traffic
circulation patterns in here. The Baja Taco restaurant is proposed close up to the
Franklin Road frontage and, then, the two multi-tenant retail buildings are shown here a
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May 6, 2003
Page 52 of 66
little further to the south. Their trash enclosure is shown along the back. They -- as you
may know, they have an eight foot tall concrete panel wall along their south boundary
and the Planning and Zoning Commission recommendation as it comes to you tonight
does recommend that to be continued. Here are a couple of elevations to the -- for the
buildings that they are proposing. This is the restaurant elevation. The portion facing to
the north is shown here on the bottom and, then, here are the retail store elevations,
single-story stucco, CMU architecture material use. Water and sewer is currently there.
Our standard requirement about water and sewer assessments being paid with the
issuance of Building Permits is part of our recommended conditions. I think the main
clarification that we would ask is to go back here to the issue of the landscaping on the
south side. We were given a revised Landscape Plan, but I think there is some
confusion, at least in my mind, as to whether or not that wall along the south would
extend all the way to the west boundary behind the retail uses. This plan makes that a
little unclear, so just request that clarification tonight otherwise I'll stand for any
questions.
Corrie: Thank you, Brad. Any questions?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Those other two buildings on there, Brad, there is not -- there is no application in
here about those having any drive-thru, they are all just single-story buildings with just a
walk-up front of retail? The only drive-thrus on that --
Hawkins-Clark: Yes. That's correct.
Nary: Okay.
De Weerd: And the Subway.
Bird: Subway has got --
Nary: Oh, right there. Okay. I'm sorry. I guess didn't see that. So, there is going to be
three drive-thrus on this one piece of property?
Hawkins-Clark: The Arctic Circle being the third one? Is that what you're referring to?
Nary: Correct.
Hawkins-Clark: Right.
Bird: And you have got the espresso -- it would make four of them, Bill.
Nary: Okay. Just thought that --
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May 6, 2003
Page 53 of 66
Corrie: Okay. Any other questions? Is the applicant here or the representative here
tonight? Is the testimony you are about to give the truth, the whole truth, and nothing but
the truth, so help you God?
Van Hees: It is.
Corrie: Thank you. Name and address, please.
Van Hees: Okay. I really don't have a lot to add. I think everything is --
Corrie: Name. I need your name.
Van Hees: Oh, I'm sorry. My name is Larry Van Hees. My address is 8870 North
Gadwall, Boise. 83714.
Corrie: Thank you.
Van Hees: Sorry. I get a little frustrated when I get up here.
Corrie: That's all right.
Van Hees: One thing I would -- the first thing I want to do is I want to make part of the
record and I want to give it Brad, a site drawing that does state that that eight foot
concrete wall has been extended. I have asked the architect to put in on the plans a
couple of times and the plan that he has does not have that on it and I do have a set of
plans here and I will bring this to you, that states that that eight foot concrete wall does
extend it on down. That's been the main thing. I'm surprised that Tom Roam is not
here. He has been at every meeting so far from the vary beginning and that's the one
thing he asked me to do is put in an eight foot concrete fence and we put one in and at
the last meeting with the Planning and Zoning he was here, he told the Planning and
Zoning Commissioners, how well done it was and how nice it functions and no noise
and he doesn't care about a buffer, he wants that wall. So, we like that. If you have any
questions, I will be glad to answer the question. And one -- there is three buildings
there and the last drawing -- and I think Jeffrey took this down, he's our manager of the
convenience store and the Shell Stop. We, actually, are talking with four different
parties now. Victor Clark is with us tonight the gentleman right here with the patriotic
flag on his T-shirt. He is a specialist in making the Baja-type food taste very good and
he's the one that's going to be operating the restaurant there. In the other building, we
are talking to Subway and they want to be at that intersection, they have been looking at
all the corners and they decided ours is the best. They told us we would have a letter
today. I don't know if it came in or not, but they are interested. We are also talking to
Curves for Women in the L-shaped one that's there, that part of that would be the
exercise machines for the ladies and, then, the back part would be some tanning
machines there, whatever -- the booths that they have. And, then, the little corner is a
cleaner, a drycleaner pickup and drop off. No equipment at all. Just strictly a place
Meridian City Council
May 6, 2003
Page 54 of 66
where they drop in and leave them and, then, they take them to a cleaners and, then,
have them ready to pick up. So, those are the four that we are talking to. We have not
really started on the last five there. We just -- we were debating what we wanted to do
before we started construction, we wanted some of them tied up and we will be starting
on that last building here very shortly. You know, if we get -- after I walk out of here and
you agree with me with everything that we are going to do, then, I will get started on that
one, too.
Corrie: Okay.
Van Hees: And I'm not going to trade my Harley for that.
Corrie: Okay. Thank you, Larry. Any questions?
De Weerd: Oh, darn.
Corrie: Any questions of Mr. Van Hees?
Bird: I have none.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Van Hees, is this particular drive-thru here, this Subway one, this dotted line
is just for travel, there is not barrier or anything right here?
Van Hees: What we did, we put a curb there, just so there is one way and, then, there
is still a drive-thru there. Right now we have an access there so people coming out of
the car wash can go around through there. This really isn't a busy spot where you have
people lining up to come through. Mostly with the Subway they want it placed -- a way
to put them out, he said it's not like our Arctic Circle where we have eight cars lined up
at one time, but he does want a window to be able to hand the sandwiches out.
Nary: So, this is the curbing right here?
Van Hees: That's the curb that holds it straight. And that's just a suggestion. The
architect drew it in and we may make some changes from that, but, yes, that's -- we
aren't coming in with a request for that building to be built that way right now.
Nary: Oh. Okay. This is just a concept?
Van Hees: That's just a concept right now. Once we get it nailed down and we get
agreements that they are going to do it, then, we will come in with a request on the
individual buildings, but --
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May 6, 2003
Page 55 of 66
Nary: So, the drive-thru might be in a different location?
Van Hees: No, I don't think so. That's the only place it really could fit on that building is
there. But it may not be in that configuration. We are not sure.
Nary: Yes. My ultimate concern is having drive traffic block this way and limited travel,
then, through this --
Van Hees: They, actually -- and I don't know -- we made up a drawing that has the flow
with the whole project on both sites, but there is -- you really don't need that one for
access through, because you can go around there in the backside and in and out and,
then, there is two other spots you can come through on the other side there. There is
very good flow around with out even that site.
Nary: This is the car wash; correct?
Van Hees: That's the car wash. Yes. Uh-huh. And right now there is two-way traffic
through here and down here --
Nary: Can you use that microphone?
Van Hees: There are traffic patterns through here in between the car wash and the
convenience store. There is traffic here. And, then, right now we just have room for
one vehicle to get around the end. It will be wider even with the lane to go through the
Subway. There, actually, will be room for two-way traffic through there. But we have
got so many spots it's not really used as a traffic pattern. I mean it does give people
access to get in and out.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: That dotted line was just what was finished? Yes.
Van Hees: Yes. That's, actually, the curb cut right now. The edge of the curb right
now.
De Weerd: But that will be just --
Van Hees: That will be all smoothed out, paved all the way through.
De Weerd: Smoothed out asphalt. Okay.
Corrie: Any other questions?
Bird: I have none.
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May 6, 2003
Page 56 of 66
Corrie: Thank you, Larry. Is there any one else that would like to issue testimony?
Okay. Council, any further questions on the Public Hearing area?
Bird: I have none.
Corrie: Okay. I will entertain a motion, then, to close the Public Hearing.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move we close CUP 03-009, the request for a Conditional Use Permit for
development of rental-restaurant complex in a C-C zone for Hark's Corner by Van Hees
Properties, LLC.
Nary: Second.
Corrie: Motion has been made and seconded to close the Public Hearing. Any further
discussion? All those in favor of the motion say aye. Opposed no? Motion is approved.
MOTION CARRIED: ALL AYES.
Corrie: Any further discussion on the request?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve CUP 03-009, request for a Conditional Use Permit for
the development of a rental-restaurant complex in a C-C zone for Hark's Corner, to
include all staff comments and ask the attorney to draw up Findings of Facts and
Conclusions of Law and Decision of Order.
Nary: Second.
De Weerd: And include the Planning and Zoning recommendations.
Nary: Second.
Corrie: Motion has been made and seconded. Any further discussion?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Meridian City Council
May 6, 2003
Page 57 of 66
Nary: I just want to say I think this is a great addition and even the number of different
drive-thrus, because there is adequate size and planning ahead and I think it's done
very well. Once we got the trees worked out with Mr. Van Hees, I think that's a very
nice corner and this addition is excellent and I appreciate you extending the wall. On
the Site Plan, what was the date of the Site Plan, so we can make sure that one with the
wall is included.
Van Hees: It is dated, actually, I think today. It was dated 5/2003. This is part of the
record. Do you want me to leave it here or -- oh, you have it? I did, I give it to you.
Nary: So, just to be sure that that's the one that's part of the record, so that everyone is
happy that that's exactly what --
Van Hees: Thank you for your comments.
Corrie: Thank you. Okay. Any other discussion? Okay. Roll call vote, Mr. Berg.
Roll call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
Corrie: All ayes. Request for Conditional Use Permit is approved.
MOTION CARRIED: ALL AYES.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: This young man in front of us, I think, if the Mayor would feel so inclined, to
give him a little Meridian pen for sitting here the whole meeting. I'm so impressed with
you.
Corrie: Thank you. Thank you, Larry.
Item 14: Public Hearing: VAR 03-014
Request for a Variance for a Time
Staten Park Subdivision
Extension of Final Plat for by Doug Campbell –
east of North Black Cat Road on West Ustick Road:
Corrie: Okay. The next is a Public Hearing on request for a Variance for a Time
Extension of Final Plat for Staten Park Subdivision by Doug Campbell, east of North
Black Cat Road and west of Ustick Road. I will open the Public Hearing and invite
staff's comments first.
Hawkins-Clark: Thank you, Mayor, Members of the Council. You have seen this parcel
a couple of different times over the last few years. The original plat came in, the
applicant was the D'Alessio brothers, and since that, time Doug Campbell and
associates have acquired the interest in the project. The application that was submitted
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May 6, 2003
Page 58 of 66
for the Variance touches on this a little bit, I think, but, essentially, because of the
change of hands, there was confusion about the timing on the recording of the plat. The
Variance is to request a Time Extension for recording. At this point in time our city
engineer Brad Watson was mentioning earlier today on his desk at this point in time for
signature he cannot process it, it is technically null and void. The development, as is
shown on this slide, is the Final Plat that the Council approved. The improvements
have been constructed on the site. The streets, curb, gutter, water, other underground
utilities have been installed. The staff report -- we cannot find that there has been any
hardship or special circumstance that really prevented the applicant from applying for
the one year. Obviously, a denial of this request would require a Preliminary Plat to be
submitted and start from the beginning. At this point we don't feel like there is another
option available under our zoning ordinance that would really allow a null and void plat
to be revived without going through this process, so this is what we have recommended
that they do and they have submitted a Variance request. I guess staff doesn't have
anything else to add.
Corrie: Okay. Thank you. Any questions of staff?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Brad, what's the difference between this -- and maybe I missed what you had
commented on, but the difference between this and the standard Variances that come
before us for Time Extensions on the Final Plat? Is there something too far along or not
-- wasn't done right to start with or what?
Hawkins-Clark: Mr. Bird, are you referring to Final Plats -- we have a requirement that
they submit a Final Plat to us one year from the Preliminary Plat approval.
Bird: Yes. We have also given -- it's been a pretty routine situation and has been --
most of the routine ones have been approved by staff to go ahead and give these
extensions. That's what I'm asking. Is there something with this extension that's
different from the ones that have come before? Is it way out of line or what's the deal?
Hawkins-Clark: Well, I think the main difference is in terms of on the ground, I mean
certainly we have -- I don't believe we had any others where improvements have been
installed.
Bird: Okay. That's --
Hawkins-Clark: They are – right. The Time Extension without a Variance, the deadline
was missed. They had one year from the Final Plat approval of City Council and they
missed that.
Bird: How far off are they?
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May 6, 2003
Page 59 of 66
Hawkins-Clark: We are thinking maybe February.
Bird: Two months. Two and a half. Thank you, Brad, very much.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Brad, my recollection was we had that property on Franklin -- and I don't
remember the name of it. We had a request for a Variance, since they had missed the
Time Extension deadline as well and had some issues about ownership and transferring
form one property owner to another and all of that and Commissioner Centers was very
confused by our process, I guess. Is this similar to that? I think there was -- you kind of
alluded to that and I guess Mr. Campbell can tell us, too, but that there was some
change in ownership and that's why -- but this one, at least, the infrastructure is
completed and I think the other one the infrastructure was not completed.
Hawkins-Clark: That's correct. Baltic Place Subdivision was the name of that project
and that, actually, was a request to -- a Variance to give them more than one year to
even submit a Final Plat application. This one is to extend the recordation time.
Nary: Thank you.
Corrie: Any other questions? Is the applicant here or representative? Is the testimony
you are about to give the truth, the whole truth, and nothing but the truth, so help you
God?
Ralphs: Yes.
Corrie: Name and address, please.
Ralphs: My name is Rod Ralphs, again, representing CMD for the Staten Park, also
known as Wilkins Ranch. Just a couple of points, Your Honorable Mayor and Members
of the Council. The change in ownership did put a wrinkle in things, but there was also
something else that happened to this property that added to some delay. Staff has
pointed out the improvements are in, we are ready to go, the for sale signs are up,
options are needing to be exercised on this project. We also had some additional
delays. As you know, there is a high tension line facility that runs there along -- east-
west along Ustick and there were two power poles that were, actually, in our common
area and substantial negotiations and a little bit of contention, if you will, between the
project and Idaho Power where that easement was to be. There were numerous
meetings and as of last week Idaho Power did come in and they moved those poles
over. So, that was one of the criteria that ACHD had required before they were going to
go ahead and sign off on this deal, is that there be some type of an agreement, a
coming together of the minds, if you will, on what was going to happen with those to two
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May 6, 2003
Page 60 of 66
power poles before they would ever autograph off on this. And you will note from your
records, I believe March 12th was the day that ACHD finally signed off on it. As you go
down through the outline provided by staff, you look at the different criteria you need to
determine the Variance, we would point out that the power lines, we would argue, would
also be one of those special circumstances that contributed to the delay on this project.
Again, the improvements are in. Going down to B where we start talking about
extraordinary hardship, we have several families, probably about a handful, that have
options on these lots and they have been anxiously awaiting to start construction. The
remainder of the lots are optioned and are ready to go and these are all business
owners, construction builders, the like, who are, again, waiting to go forward on this
project. And looking to the intent as referred to on page three of the report, where we
look at the issuing of a Variance would violate the interest and purpose of the Meridian
city subdivision ordinance, which is intended to insure orderly development occurs
within an established time frame. Denial of our Variance tonight would only extend that
time frame and further frustrate the purposes of getting this project off and running.
Having said that, I would just leave it up to any questions or comments you might have.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Ralphs, I guess I do take a little exception. I mean having the power pole
there, they were already there, so requesting an extension really didn't -- wasn't
inhibited by the power poles. You could have come in January and asked for an
extension.
Ralphs: That's correct. For the one requirement for the ordinance you're absolutely
right. That extension could have been asked for at anytime. But I guess there is the
kind of a squeezing of time of thinking, well, are we going to be able to get this thing
approved and into the city before this other stuff within that year's period of time. So, I
guess the issue that I would point out there was just when did we recognize that we
were going to exceed that year. February, obviously, came and went, there was
oversight, you know, we all know that, but that was one of the contributing factors to
that, is thinking that maybe we were going to be able to get it in by the deadline.
Nary: Okay. Mr. Mayor. Mr. Ralphs, Mr. Hawkins-Clark, was there a change in
ownership that may have contributed to this delay as well? And I guess I didn't hear if
you said the staff concurred with that or if --
Ralphs: No, that's absolutely -- that's absolutely the case.
Nary: All right.
Ralphs: No. We just confirm what they have indicated on the report.
Nary: Thank you.
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May 6, 2003
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Corrie: Any other questions?
McCandless: Mr. Mayor?
Corrie: Mrs. McCandless.
McCandless: When did that change of ownership take place?
Ralphs: I believe it was -- was it January? I believe it was January, then.
McCandless: January of this year?
Ralphs: January of 2003.
McCandless: Thank you.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess this is a little bit off the topic in front of us, but this was also the
subdivision that we had a pathway that we just deleted that requirement or did away
with the pathway in Wilkins Ranch and so it would affect this, too. I don't know if you
guys knew that.
Ralphs: Yes, we did. I can even address that if the Council Member would like. As you
know, there is -- that's right there where there is a considerable size irrigation ditch that
comes through there and what happens is that it trails along the back part of Wilkins
Ranch and, then, it comes across into this one. It's totally untiled and as the Meridian
police department can tell you, as well as adjacent property owners, kids are in there all
the time and I think by putting in that path would create an invitation for people to
traverse that, my son included, was not a welcome deal. So, we are very grateful to
have that chain link fence up and to not have that pathway.
De Weerd: Okay.
Corrie: Any other questions?
Ralphs: Thank you.
Corrie: Thank you. Is there anyone else from the public that would like to issue
testimony? Okay. All right. Council, any questions on the Public Hearing side?
Hearing none, I will entertain a motion, then, to close the Public Hearing on the request
for Variance on the Time Extension.
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May 6, 2003
Page 62 of 66
De Weerd: So moved.
Bird: Second.
Corrie: Okay. Motion has been made and seconded to close the Public Hearing. Any
further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes.
Motion carried.
MOTION CARRIED: ALL AYES.
Corrie: Further discussion? Okay. Hearing none, I will entertain a motion for the
request.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I would move the approval of VAR 03-014, the request for a Variance for a Time
Extension of the Final Plat for Staten Park Subdivision by Doug Campbell. East of
North Black Cat Road on West Ustick Road, to include all staff comments. As most
people know, I'm a pretty good stickler on these Variances, but -- unless it's for a block
length and, then, we just give them away. On these findings, I think we have adequate
record to make these findings that under 11-18-3, the findings necessary for a Variance
that there are special circumstances or conditions affecting the property, that strict
application of this title would be impractical or unreasonable. I think the fact that this is -
- there was a change in ownership, there were some other unsettled questions -- there
certainly may have been an opportunity to request a Variance, but I think some of the
circumstances surrounding this property, the change in ownership, certainly impacted
that ability to request that. The Time Extension is not a significant time, although, again,
I am a stickler about those things. Under Subsection B, it says strict compliance with
the title of -- with this title would cause an extraordinary hardship. In addition to the
extraordinary hardship, because all the infrastructure is completed, I think that is a
significant thing on behalf of the applicant here to approve it and that also the
Subsection B --- or the second paragraph B said: Or that the conditions and
requirements of this title will result in inhibiting the achievements or objectives of this
title. I mean we are not supposed to have a rule for the sake of a rule, it's supposed to
make some sense. I think in this case, there are some facts leading up to these findings
that make it adequate to grant a Variance. Under Subsection C, the granting of this
Variance will not be detrimental to public welfare. Certainly, the fact that it is almost
completed and, really, it's just awaiting a signature is really the final touch to what is
compelling in this particular case and that in Sub D it says that each Variance will not
have an affect of altering the interest and purpose of this title. And, again, I don't find
that to be a problem. I think all the findings have been met by the applicant to this
request for Variance and would ask that to be included in Findings of Facts and
Conclusions of Law and Decision and Order.
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May 6, 2003
Page 63 of 66
De Weerd: Second. That was the longest motion I have ever heard.
Corrie: Your slowly getting a reputation about doing that by Mrs. de Weerd. All right.
Any further discussion? Roll call vote, please, Mr. Berg.
Roll call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
Corrie: All ayes. Motion for the Variance of Time Extension is approved.
MOTION CARRIED: ALL AYES.
Powell: Mr. Mayor, Members of the Council? While we are on this topic, I just wanted to
perhaps get your opinion on a matter. One thing that staff could do is send out kind of a
reminder notice to the applicant that the plat is coming up for expiration and to remind
them that now is the time to get a Time Extension. Hopefully, it will reduce the number
of Variance cases you might see or it may reduce your willingness to approve Variance
requests, given that they have been reminded of the expiration date. So, I think that
that is something that we could institute fairly easily and without much expense, other
than remembering to send out a letter.
De Weerd: Excellent.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I think it's a great idea from a process and approval standpoint. I guess my one
concern would be I don't want to hear a whole bunch of developers come in and say I
didn't get the card from Planning and Zoning, so, therefore, I missed asking for an
extension. I face that a lot with people who have expired plates and expired registration
and expired licenses and say nobody told me. So, I guess that would be my only thing
is to make it clear that we are not creating some special duty or responsibility on the city
and it hasn't changed the fact that it's still their responsibility to do that. So, I think it's a
great process to --
Powell: You're correct that perception will be there as soon as we start doing it, though
-- I mean that's -- and that's kind of why I wanted to bring it up with you and -- is that --
you know, is that an obligation we want to take on or -- I mean we will, obviously, strive
not to have that -- to actually send out those notices, but there is a possibility that one
would get missed and, then, someone would use exactly that argument.
Nary: I guess for me I would say I think it's a great customer service. I don't think it's an
obligation that we are taking on. I think it's a customer service thing that is great, but as
long as it's clear to people, whether it's in the application process or something else,
that we are not creating some extension of time, we are not creating a special
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May 6, 2003
Page 64 of 66
relationship that the city has. So that that becomes a defense that I didn't get my card
from the city, therefore, I didn't come ask for it.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Maybe it could be listed one as of the things that you could not be granted a
Variance on that excuse.
Nary: Mr. Campbell would never come and ask for that reason.
Item 15: Public Hearing: MI 03-006
Request for use of Lot 1 Block 2 in
Corey Barton Homes
Sundance Subdivision for a model / sales office for
by Corey Barton Homes – 3590 North Ettay Way:
Corrie: All right. Item No. 13 is a Public Hearing, request for use of a Lot 1, Block 2, in
Sundance Subdivision for a model sales office for Corey Barton Homes for the Corey
Barton Homes, 3590 North Ettay Way. Okay. We may be in trouble for the Public
Hearing, but I will open the Public Hearing and invite staff's comments first.
Hawkins-Clark: Mayor, Members of the Council, this last item deals with a schedule of
use control issue. The sales office -- model sales office within a subdivision is another
item that maybe our new planner director can institute another change to, but at this
point our policy has been to -- if it's a planned development, we typically ask for where a
house is going to be used as a sales office, that they tell us that during a planned
development up front, so we know that there is going to be additional traffic there, they
are going to convert the garage to an office kind of use for an extended period of time,
they are probably going to have signage, so we feel it -- you know, it does warrant
sending at least some notices out to offer the public a chance to comment, since,
obviously, the trick on these is you send comments -- or send the 300 foot radius
mailing out and 99 percent of the time you're getting the developer, because most of the
lots don't have occupants yet. That being said, we feel under our schedule of use
control in the zoning ordinance, that the sales offices -- they are not prohibited outright,
they are not a Conditional Use outright, and so we have recommended that this
miscellaneous application be used. It is in the Sundance Subdivision in their first phase,
Ashby Drive comes here on the east side of Meridian Road. The lot would propose to
construct this house, if it's not already constructed -- I didn't see that in the application,
but the third bay of the garage would be the one converted to a sales office and we had
recommended that a maximum of 24 month time frame be placed as a condition in
order for them to utilize this as a sales and information use. It was also recommended
that a few other items related to signage and sanitary service -- sanitary sewer, I'm
sorry.
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May 6, 2003
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Corrie: Okay. Thank you, Brad. Is the applicant's representative here tonight? I guess
what you can do, Council, is -- if you want to continue this Public Hearing or want to
approve it or deny it?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I think it's pretty clean cut, but the last couple Public Hearings when an applicant
has not been here, we have sent it on, -- we have continued it on. It should be a short
continuance, I would hope, from the looks of things now. I would be one to recommend
we continue it to the 20th of May, 2003, and staff get a hold of Mr. Barton and find out if
he wants to be here or if he just wants us to pass yea or naye without him here without
his comments. We are definitely going to -- I would definitely have the staff comments
on there and he might not be in agreement with all staff comments.
McCandless: Is that a motion?
Bird: Yes, that's a motion.
McCandless: Second.
Bird: That's not as long as Mr. Nary's.
Nary: It's pretty close.
Corrie: So, the motion is to continue the Public Hearing.
Bird: May 20th.
th
Corrie: May the 20. For the applicant to come here and answer any questions. Any
further discussion? All those in favor of the motion say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Corrie: I think we ought to have a pen for the ACHD representative.
Bird: Yes.
Corrie: He's stayed through all this, too. Every time.
Bird: Every time.
Corrie: Thank you. Okay. That includes our evening of work tonight. I have one
question for Council. There was a request that the Planning and Zoning
Commissioners would like a shirt, a Meridian shirt. Anybody want to step up and --
Meridian City Council
May 6, 2003
Page 66 of 66
Nary: I thought they just got them.
Bird: I thought they had got theirs.
Nary: They said they got them.
De Weerd: Yes.
Corrie: Oh, they got one?
Bird: They got nice ones.
Nary: They wanted a new one each year instead of turkeys.
Corrie: They got one? Okay. Never mind.
De Weerd: He had it on.
Bird: They have to go talk to Anna on that.
Corrie: Well, I want to make sure it comes out of whose budget.
De Weerd: It is a line item on their budget, so --
Corrie: Okay. Okay.
Nary: Let's adjourn before we waste more of Mr. Willis's paper.
Corrie: You got it. I'll entertain a motion to adjourn.
De Weerd: So moved.
Nary: Second.
Corrie: Motion has been made and seconded to adjourn. All those in favor say aye.
Motion carried.
MOTION CARRIED: ALL AYES.
Corrie: Is that 10:30? Yes. 10:30.
MEETING ADJOURNED AT 10:30 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
Meridian City Council
May 6, 2003
Page 67 of 66
APPROVED:
/ /
ROBERT D. CORRIE, MAYOR DATE
ATTESTED:
WILLIAM G. BERG, JR., CITY CLERK