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HomeMy WebLinkAbout1985 11-18~ 1 • ~ ~ .. • . ~ A G E N D A ~ ~; ~ MERIDIAN CITY COUNCIL ~ NOVEMBER 18, 1985 i ITEM: ' MINUTES OF REGULAR MEETING HELD NOVEMBER 4, 1985: (APPROVED) MINUTES OF SPECIAL MEETING HELD NOVEMBER 6, 1985: (APPROVED) l. PUBLIC HEARING: ANNEXATION & ZONING REQUEST WITH VARIANCE BY TERETLING TRUST # 7: (APPROVED, ATTORNEY TO PREFARE ORDINANCE) ~ 2. PUBLIC HEARING: APPLICATION FOR CONDITIONAL USE PERMIT BY SAMUEL, AND ROBERTA LYTLE FOR HOME BEAUTY SALON: (APPROVED) 3. REQUEST FOR LOT SPLIT BY VORLICKY & CAMMANN: PROPERTY LOCATED AT NORTHEAST CORNER OF CHERRY LANE AND NW 8th STREET:(APPROVED) , 4. APPROVE THE RENEWAL OF BEER, WINE AND LIQUOR LICENSES: (APPROVED) 5. DEPARTMENT REPORTS: • , . ~ ; .~ • • =.MERIDIAN CITY~COUNCIL NOVEMBER 18,1985 i , Regular Meetirig of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m. Members Present: Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler: ~ Others Present: Roy Porter, Gary Schaffer, Roberta Lytle, Gary Smith, Kenny Bowe,rs, Bob Spencer, Clair Miles, Clyde Weber, Wayne Crookston, Gerald Vorlicky, Ronda Lowe, The MOtion~ was made by Myers and seconded by Giesler to approve the minutes of; previous meeting held November .4, 1985 as written: Motion Carried: All Yea: ~ The Motioniwas. made by Brewer and seconded by Myers to approve the Minutes of the; Special Meeting held November 6, 1985 as written: Motion Carried: All Yea: ~ ! ~ Item #l: Public Hearing: Annexation & Zoning Request with Variance by Teretling Trus!t #7: ~ j Mayor Kingsford, is there someone present to represent this request? Mr. Clyde ~aebe~r, Architect of Design West was representing the Teretling~ Trust #7 in this request. Mr. Weber, we are requesting Annexation and CG- Zoning on approximately 16 acres of land located East of Meridian Road and North of Overland Road. This!property extends from Overland Road to the Freeway. We are also requestin;g a Variance from the City Ordinance's which require City Water & Sewer be extended to the property as the cost of the extension across the Freeway is not feasible. Mr: Weber referred to ~ the proposed site plan and explained to the Mayor and the Council how the property would be developed. Mayor Kingsford, any questions of the Council? Councilman~Brewer, I am personally quite exci~~ed about this project, I would like~to see us r.lake a move like this across the Freeway, if we ~ could get ,some~more firms of this caliber we could.get the Sewer and i Water across the Freeway, I want to be positive about this project. ~ Councilman~Tolsma, you are going to do truck maintenance to, aren't you? ~ ~ Weber, that is correct, currently we are showing a truck engine main- ~ tenance shop on this side of the building, that.has been anticipated ' there is a~chance this might be left off, we are not sure as yet. i Councilman Myers, what has transpired with the Central District Health , on the sewer and etc.? ~ , , CITY COUNCIL • • NOVEMBER 18, 1985 PAGE # 2: Weber, they Yiave done some testing and indicated because of the high ground water an alternative system would be needed and allowed by them if it was designed properly, we are talking about a mound system. Myers, if down the road a few years sewer and water were to be extended across the Ereeway would you have a problem helping defray the cost of this and hooking up to this sewer and water? ~ Weber, our understanding is that we would be joining the Sewer District and when the assessed valuation is great enough to extend these services we are prepared to share in the cost. We would prefer to go one system ~ or the other but under the circumstances there is not much choice. Ma~~~r Kingsford, has there been any contact with other parties over there and yourself with regard to runninq this at this time; rather than the cost of the other system, which would be abandoned at later date? Weber, I can not address this at the present time maybe Mr.Claire Miles the Manager of Western State Equipment can address this. L~Ir. Miles, we have not been contacted by anyone, but would be happy to meet with any other parties and expend the moniesfor extension of the sewer & water rather than the alternate system. It is estimated this alternate system will cost around $30,000.00. ~ Mayor Kingsford, is there any other comments or questions of the Council,, if not at this time I will open the Public Hearing, is there anyone in the audience who wishes to comment on this? The•re was no response. The Public Hearing was closed.Council Members what~is your pleasure? The Motiori was made by Giesler and seconded by Brewer that the Meridian , City Council hereby adopts and approves the Findings of Fact and Conclusion as prepared for the Planning and Zoning Commission on the Annexation and Zoning request and als~o adopts and approves the Findings~ of Fact and Conclusions on the Variance request by Teretling Trust #7. Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made Variance request by Motion Carried: All The Motion was made Annexation and Zoni~ Motion Carried: Al1 by Tolsma and seconded by Brewer to approve the Teretling Trust #7: Yea: by Myers and seconded by Giesler to approve the zg of CG request by Teretling. Trust #7: Yea: The Motion was made by Giesl.er and seconded by Myers to have the City Attorney draw up an Ordinance for the next City Council Meeting for the Annexation and Zoning of the Teretling Trust #7 property. Motion Carried: Al1 Yea: P~ERIDIAN CTTY COUNCIL • • NOVEMBER 18, 1985 PAGE # 3• Item # 2: Public Hearing: Conditional Use Permit for Home Beauty Salon ~ by Roberta Lytle: Mayor Kingsford, Mrs. Lytle would you give the Council a synopsis of what you are planning to do. Mrs. Lytle., I live at 1440 West Cherry Lane and am requesting a one to two station beauty salon at my home, there is no outside restructure necess- ary.,I have met the requirements of the City and also the Licensing Bureau. Mayor Kingsford, will you still be able to have your U shaped drive? Mrs. Lyt.le, yes they are only taking about five feet for the improvements on Cherry Lane on the front of property. I will still have parking for , six to eight cars. ~ ~ ' Mayor Kingsford, for the Council's information Mrs. Lytle had a Con~ion.al Use Permit at this loca.tion for an accounting business. Any questions of~ the Council? Councilman Giesler, the parking has me concerned, getting in and out of there as busy as Cherry Lane could be a problem. There was discussion on how much of the u-drive wouid be lost with Cherr,y Lane improvement. ' Giesler, you also said it was for a one or two station, is it for one or two? Lytle, the application covers one or two at this point there will be onl,y one, myself and at this time I do not know if it will be full time. ~ ~ayor Kingsford, are you aware of the additional hookup of water and sewer? i Mrs. Lyt1e, Yes, I have been informed of this. Giesler, the only other problem I have is with the Conditional Use Permits taking away from our business in downtown by allowing business to go in the home, where the others are operating from commercial property. I thi~k we are doing a disservice to the ones who are downtown by allowing this . in the home. I have a real problem with this. Mayor Kingsford, I will open the Public Hearing, is there anyone in the audience who wishes to comment on this? There was no response, Public Hearing was closed. Is there any more comments from the Council? Councilman Brewer, I would like to make further comments along Mr. Gieslers's point, I do not think it would be fair to come down on this applicant tonite as it has been a practice for some time.to allow Cond- ition Use Permits for this type of business but I believe it is time ~ for the City Council to expressmore concern about Conditional Use Permits, in that they do conflict with commercial business in town who are in the, commercial property, maybe we need to redesign where we are coming from , P~IERIDIAN CITY COUNCIL • NOVEMBER 18, 1985 PAGE # 4 , ~ i as far as Conditional Use Permits are concerned, I would like this enter- ed into the record. ~ Councilman.Myers, maybe we should put together some kind of Resolution or Ordinance limiting Conditional Use Permits. Mayor Kingsford, I have to agree with this, however I have no problem with Beauty Salons in the home where the neighbors have no objection. I think this particular trade is different than most of the endeavors we think about. Maybe it is time we evaluate that portion of the Zoning Ordinance. ~ The Motion was made by Brewer and seconded by Myers to adopt and approve. the Findings of Fact and Conclusions as prepared for the Planning & Zon-~ ing Commission on the Lytle Conditional Use Permit. Motion Carried: Roll Call Vote: Brewer, Yea: Tolsma, Nay: Myers, Yea: Giesler, Nay: Mayor Kingsford broke the tie by casting a Yea Vote: The Motion was made by Brewer and seconded by Myers to approve the Conditional Use Permit for Sam & Roberta Lytle for home beauty salon: Motion Carried: Brewer, Yea: Tolsma, Nay: Myers, Yea: Giesler, Nay; Mayor Kingsford broke the tie vote by casting a Yea: Item ~ 3: Request for Lot Split by Vorlicky & Cammann: Gerald Vorlicky was present to represent this re~uest. Vorlicky, we are requesting a Lot Split on the property located on lie North East of the intersection of Cherry Lane and NW 8th Street. This property has been rezoned LO (Limited Office) , we are planning on building a Dental Clinic on this property. The only change from what ~ was submitted is the line will be moved 30 feet to the East to include the par.king that was shown on the East side of building. It will also includt the driveway with Parcel #2 and there will be an easment on this' for Parcel #1. We will furnish you with a recordable record of survey on this split. I~Iayor kingsford, does Matunas have any plans for development at this time? Vorlicky,.No. There was discussion on the parking spaces: ' The Motion was made by Giesler and seconded by Tolsma to approve of the Lot Split request by Vorlicky & Cammann: Motion Carried: Al1 Yea: i The Moti.on was made by Brewer and seconded by Giesler that a record of survey be provided on this split and be recorded; ~ Motion Carried: All Yea; ~ MERIDIAN CITY COUNCIL • • NOVEMBER 18, 1985 PAGE # 5 Item #4: Renewal of Beer, Wine & LiQUOr Licenses: Mayor Kingsford, Chief Porter do you have any problems with any of the renewals? Chief Porter, No problems: The Motion was made by Myers and seconded by Brewer to approve the renew- als of the Beer, Wine and Liquor Licenses: ~ Motion Carried: All Yea: Department Reports: ! Spencer, Chairman of P&Z:, I would like the Council to take a good look at some kind of policy on Conditional Use Permits. Mayor Kingsford, I think this would be well advised: Chief Porter, I would like to thank Chief Bowers and the Fire Department for their assistance and help they gave us on an accident that claimed ~~ the life of a three year old boy. Giesler, I would like to see if we could get working with the Sewer Dist. across the Freeway and see if it is possible to get something going to extend services over there.I would like to see this started as soon as possible. i Mayor Kingsford, I think some kind of ineeting with those folks and the City Staff would be usef~l, maybe Mr. Smith if I might impose on you ~ to call those folks and any other interested parties to see if we can schedule a meeting. Brewer, i would like to elude to the same thing Mr. Giesler just did, I think we took a dynamic step forward tonite if we could obtain some more low user over there something could be put together to extend services. Tolsma, is there any chance we could apply for Federal Grants to extend the water and sewer across the Freeway? ~ Mayor Kingsford, there are funds available under the Community Block Grant Program but I have asked Mr. Forrey to investigate applying for funds for downtown improvement. This would be an either -or situation ~ and it would be Council's preference as to which to apply for. ~ Mayor Ki~rigsford, Terry Smith who.is head of the Chamber powntown Improve- ment has asked for a Council Member to serve on this Committee. If there:~, is no volunteer, I would like to ask Mr. Brewer to serve on this. The other item I have is the APA called today and I was asked to see if the Council would be interested in joining their Organ~zation. ~ Giesler, I would like to ask the Council that we wait for awhile before doing anything with the Amendments to the Air Quality Ordinance. I have a problem with one item and am doing some testing.fI have discussed this~ with the Air Quality Board. CITY COUNCIL • • NOVEM&ER 18, 1985 PAGE # 6. Being no further business to come before the Council the Motion was made by Myers and seconded Giesler to.adjourn at 8:16 p.m. Motion Carried: All Yea: APPROVED: r I , ~' , , NT KINGS~FO , R TEST: ~]S/ Niem~nn, ` ity Clerk / Mayor & Council P&Z C ission Atty , Eng., Fire Pol,ice, Ward, Stuart Hallett, Keibert, Mitich, Statesman Valley News, CDH, ACC,ACHD,ACZ,BRA APA File (4) Mail (3) ~ ,,~ AMBROSE, FITZGERALD 8 CROOKSI,ON Attomeys and Counselora ~ P.O. Box 427 ~ Maritllnn, Idaho_ - ' ~2 Tetophone'888,4181 " , - ~ ~- < • •' BEFORE THE CITY COUNCIL ; OF THE CITY OF MERIDIAN APPLICATION OF TERTELING TRUST N0. 7 FOR A VARIANCE The a,bove entitled variance ~request having come on for , considerati,on on November 18, 1985, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 728 Meridian Stree.t, Meridian, Idaho, and the City~ Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: I FINDINGS OF FACT 1. That notice of the pub.lic hearing on the variance was published for two consecutive weeks prior to t`he scheduled hearing for November 18, 1985, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 18, 1985 hearing; that copies of all notices were available to news~aper, radio and television stations. 2. That the notice of public hearing is required to be sent to property ownexs within 300 feet of the extexnal boundaries of the land being considered pursuant to 11-9-612', 11-2-416 E and 11-2-419 D of the Revised and Compiled Ordinances of the City of Meridian; that this reguirement has been met. I 4 . AMBROSE, FITZGERALD BCROOKSTON I Atlomeys.and Counse~oro P.O. Box 427 Merldlan, tdaAo 83842 Telephone 888i481 • u f ~ , ' 3. That the Ordinances of the City of Meridian requir;e that all land zoned C-G, General Retail and Service Commercial be connected to the City water and sewer systems, 11-2-408 B 8 Compi]:ed Ordinances of the City of Meridian. 4. That the Applicant's land is not presently served by 'the M'eridian City water or sewer systems nor are there plans in the immediate near future to serde Applicant's land as it is located south of I-84. 5. The Applicant's land is iocated in the Meridian Sewer . and Water District; that said district does not, however, provide centxal sewer or water to service to any lands situat.ed within its district; that the Meridian Sewer and Water District does no't presently~ h~ave. th_e facilities to provi,de water and sewer ~ serv~ices~: . 6. That the, cost of connecting Applicant's land an'd pr.oposed buildings would not be economically feasible i:f ,Applicant were~to,bear the sole burden of the cost. ~ ~, , , ~ ' T. That the Central District Health Department will have ~; some impact in and must approve Applicant's proposal for private sewage facilities. 8. That the testimony at the public 'hearing was not urif'avorable to t~he granting of the variance. . CONCLUSIO~IS 1. That all the proeedural requirements of the Local Pla.nning Act and of the Ordinances of the City of Meridian have r i s AMBROSE, FIT2GERALD &CROOKStON Atlomeys and Counselore P.O.'Box 427 Merldlan, Idaho 83642 TelephOne BB8-4~81 ' • ~ :~ • ~ .~ been.met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant';s property. , 2. That the City has authority to grant variances pursuant to Sectio:n 11-2-419 of the Zoning Ordinance. , 3. That the City Council has judged this application by the guidelines, standards, cr-iteria, and policies contained in th~e Zoning Ordinance and upon the reco.rd submitted to it and the things upon which it may take judicial notice. 4. That the Counc.il may take judicial noti:ce of its own ' proeeedings, those of the Commission, governmental statutes, ~ ordinances, and policies, and of actual conditions existing wi,thin the City and the State. 5, T:hat there are special circumstances and conditions affecting the property such that the s:trict application of the prqvisions of the Zoning Ordinance would be impracticable and un°reasonable. ~ 6. That strict compliances with the requirement that Applicant connect its land to City water and sewer would result in~,extraordinary hardship to the Applicant because of conditions that are not self-inflicted. 7. That the gran~ting of t~he variance will not be detrimental to the public's welfare or injurious to other : p'roperty in the area where the Applicant's property is located, pxovided the requirements of the Ce.ntral District Health ~ ~ .- . -af ' . ~ . . .I_ . ... ~ . ~,. ~~ AMBROSE, FITZGERALD BCHOOKSTON Aftorneys and Counseloro ~ P.O..BOx127 , Merldlan, ldaho . 83842 . Teleplione 888-448] ' , .i ,~ ; • • • ~_;, Degartment are met. ~ . ! 8~. That the vari:ance will not have the effect of altering the;~ interest. and purpose of the Zonin.g Ordinance and of the .Mer~idian Comprehen.sive Plan and will likely further th.eir goals. 9. That this variance shall be personal to the Applicant and shall not be transfered to another parcel of property or to another individual. ~• APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS ' ~~ The City Council of the C.ity of Meridian hereby adopts and app~roves these Eindings of Fact and Conclusions. 1' ; ROLL CALL: ' Councilman Geisler Voted ~P.Q 7' ~ Counci lman Myers Voted ,r''~ q . ~~-~ Councilman Tolsma Voted /Q q ~ _7„~- Councilman Brewer Voted ~t.o Mayor Kingsford , ~ (Tie Breaker> Voted APPROVED:~ ~,' , ' .4 i: ~ ~ ~a ~ •.. -. ~~ .. . L ~. ~ . ~ . :f i _ D-ISAPPROVED: ~ ~I ., _ i ~ • ~ bitty ray str~te o'rchit~ct p.a. a.~.a. yl ... i • ~I, ~,, j i I' , : i i~ City of Meridian 728 Meridian Street Meridian, Idaho 83642 ~I Attn:~l Jack Niemann \ J November 14, 1955 Dear iir. Niemann: Re: Vorlicky/Cammann ~~j Lot Split ,I Pursuant to our conversation realtive to the proposed lot split and y,our determination of a legal lot of record, we respectfully reque'st City Council approval of our proposed lot split. ;~ ~ We have attached a plan and legal descriptions delineating our spli~t'~ proposal for your use. It is,our understanding that this will be placed upon the Novein!ber 18 agenda and, if approved by Council, we will be oblig'ated to provide a recordable record of survey. ;~ We, a~s well as Doctors Vorlicky and Cammann, appreciate your assis~tance and quick response. Thank ~ you . we look forward to nroceedina. ;I ,I ~I I: ~' BRS:cw Encl',' . cc: 'Vorlicky/Cammann i' ~~ ~ i~ ~ .A. .~~ ~ tw ;enty s~x s;xty grover court ~ 6o~se, ~daho 83705 •(208) 336-8370 i ~ Ii ~ ~- _ ~___. ••' ' i~ ' ';~ ~ ~ PARCEL 1 ' ~i~ • A par~c~e~l of land lying in the Southwest Quarter of the Southeast ~ Quar`'er~of Section 1, Township 3 North, Ranye 1 West of the Boise Merid`ian, Ada County, t•ieridian City, Idaho, being more part~i,cularly described as follows: Comml~lcing at the Southwest eorner of the Southwest Quarter of the South+east Quarter of Section 1, T3N, R1W, B.M., thence North 89 49' ~1~0" Cast along the southerly boundary~ of the Southeast Quarter of s~'~id ~ection 1, said line also being the centerline of Cherry . Lanel,~~: f'or a distance of 262.91 feet; then~ce North 00 24' S0" West tor ~a'd~istance of 40.00 feet to the REAL POINT OF BEGINNING; then~ce ~continuing North 00 24' 50" West for a distance of 181.94 feet±to~ a point on the southerly boundary line of Meridian Manor No. 1~~S~ubdivision, as filed for record in the office of the Ada County recorder, in Book 33 of Plats at pages 19t39 and 1990; thenc'e ~South 89 49' 10" West along said boundary line for a dist~a~nc~e of 125.00 feet; thence departing~ said line, South 00 24 ~ 50" ~~E~as~t for a distance of 18~1.94 feet; t~hence North 89 49' 10" , • East~'al~ong a line being 40.00 feet north of and parallel with the~ cente~rl}ine of Cherry Lane for a distance of 125.00 feet to the ~ REAL ;~PO,INT OF BEGINNING. i i ~aid~pascel contains 0.5221 acres more or less. ,~ Subje~cti to easements of record or in use.~ ` . ~ ~'~ , . ;.~ --- --.- D~NTAL. a~FICES~ of: ~ ~- ~ . ,, ~ . . I~ Y/ A~'IM ~L.ICl~ ~ ~~~. , , . . . __ .~ . ~~ •~~~.. . ~~~ :~MCRIDIAN IDAHO~ ,~ . , ~ . . I~. ~ ,AN~: ~ . . ~ . -~.~ s, .~ . . ~~ I A pa ~ Quar Meri. _, p a r t; Comm Sout 49' of s Lane for then fcet No . Coun then dist 50" , East alon cent REAL Sai ;i ~~ ~~ ~ .~ei .er l~i a r ~c u ~ • PARCEL 2 ~ .. of land lying in the Southwest Quarter of the Southeast of Section 1, Township 3 North, Range 1 West of the Boise-. ~, Ada County, Meridian City, Idaho, being more . .arly described as follows: ' icfing at the Southwest corner of the Southwest Quarter of the ~ast Quarter of~ Section 1, T3N, R1W, B.M.; thence North 89 I" East along the southerly boundary of the Southeast Quarte` :d Section 1, said.line also being the centerline of Cherry ,for a distance of 137.91 feet; thence [lorth 00 24' S0" West d~istance of 40.00 feet to the REAL POINT OF BEGINP7ING; ~ ~~continuing Narth 00 24' SO" West for a distance of 181.94 :o~a point on the southerly boundary line of Meridian Manor ~ Subdivision, as filed for record in the office of the Ada ~frecorder, in Book 33 of Plats at pages 1989 and 1990; ;~South 89 49' 10" West alony said boundary line for a ~c~e of 137.91 feet; thence departing said line, South 00 24 ~s~t for a distance of 174.94 feet; thence South 33 58' S3" =o'r a distance of 8.42 feet; thence North 89 49' 10" East a line being 40.00 feet north of and parallel with the -1~ine of Cherry Lane for a distance of 133.27 feet to the ?O,'INT Or BEGINNING . ' cel contains 0.5757 acres more or less. Subj~e'ctl to easements of record or in use. I II : I