HomeMy WebLinkAbout1993 05-04~ ~
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, MAY 4, 1993 - 7 : 30 P. M.
COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD APRIL 20, 1993:
1: FINDINGS OF FACT AND CONCLUSIONS OF LAW: CONDITIONAL USE
PERMIT FOR A AUTO REPAIR AND SERVICE SHOP AT 1005 E.
FAIRVIEW AVE., BY L.H. PROPERTIES:
2: FINAL PLATS CHERRY LANE VILLAGE SUBDIVISION #4, 22 LOTS BY
WHITE, MARSHAL, R. P. PROPERTIES
3: FINDINGS OF FACT AND CONCLUSIONS OF LAW: VARIANCE FROM THE
CULDESAC LENGTH FOR RUNNING BROOK ESTATES, BY GLENN L.
JOHNSON AND LIBERTY HOMES OF IDAHO:
4: ORDINANCE #599: ZONE CHANGE FROM L-O LIMITED OFFICE TO R-8
RESIDENTIAL, DANBURY FA I R SUBDIVISION, FOR B. W. I NC.
5: REQUEST TO REINSTATE 1985 PRELIMINARY PLAT OF CHERRY LANE BY
THE LAKE TO CURRENT DEVELOPMENT STANDARDS, BY MR. KENT
BARNEY:
6: REQUEST FOR RECONSIDERATION OF DENIAL OF BRIDGEWOOD PARK
SUBDIVISION, BY MS. BECKY BOWCUTT:
7: MERIDIAN SENIOR CITIZENS CENTER: SHORT UPDATE ON FUND
RAISING ACTIVITIES, BY MS. KOLA HAMMOND:
8: PROCLAMATION, "RESPECT FOR LAW WEEK":
9: WATER AND SEWER DELINQUENCIES:
10: APPROVE BILLS:
li. MERIDIAN PATHWAY PLAN, SHORT PRESENTATION BY ERV OLEN, ADA
PLANNING ASSOCIATION AND WALT CASEY, WESTERN ADA RECREATION:
12: REVIEW OF SITE DEVELOPMENT AND LAND USE CONSIDERATIONS OF
BEST WESTERN CONCRETE PRODUCTS, INC., BY MERIDIAN PLANNING
DIRECTOR:
13: DEPARTMENT REPORTS:
A. VARIOUS CITY DEPARTMENT REPORTS
B. EXECUTIVE SESSION - PHASE II LAND ACQUISITION
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MERIDIAN CITY COUNCIL MAY 4, 1993
The Regular Meeting of the Meridian City Council was called to
order by Mayor Grant P. Kingsford at 7:3o P.M.:
Members Present: Ron Tolsma, Bob Giesler, Bob Corrie, Max
Yerrington:
Others Present: Wayne Crookston, Shirley Clancy, Richard Roywell,
Maxine T. Amend, Becky Bowcutt, Arnold, Nellie Gardner, Phil
Gardner, Wayne Thowless, Mr. and Mrs. Harold Ross, Walt Casey, Erv
Olen, Wilma Blair, Lisa Clagg, Kent Barney, Wes Weast, Frank
Thomason, Nola Hammond, William D. Collins, D. Johnson,
Mary H. Johnson, John Munt, Nancy Dan, Alan Lowe, Jeannine Wood,
E11en Anderson.
ITEM #1: MINUTES OF PREVIOUS MEETING HELD APRIL 20, 1993:
The Motion was made by Ron and seconded by Max to approve minutes
of the previous meeting held on April 20, 1993 as written:
Motion carried: All Yea:
ITEM #2: FINDINGS OF FACT ON A CONDITIONAL USE PERMIT FOR AN AUTO
REPAIR AND SERVICE SHOP AT 1005 E. FAIRVIEW AVE. BY L.B.
PROPERTIES.
Kingsford: Council members you should have those Findings.
Giesler: Council would determine what decibels would be on the
speakers. I don't know that I would be able to determine what
would be a correct amount.
smith: I got some information from Wayne Forrey on decibel
readings and have not had a chance to go through it yet. I left a
message with L.B. Properties that I have not yet determined an
acceptable decibel level.
The motion was made by Ron seconded by Bob Giesler to approve the
Findings of Fact and Conclusions of Law for conditional use permit
for auto repair and service shop at 1005 E. Fairview by L.B.
Properties conditioned upon approval of decibel levels by the City
Engineer.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Tolsma - Yea.
Motion Carried: All Yea.
Kingsford: Item #2 is scratched and will be on next meeting
agenda.
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MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 2
ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE FOR
CULDESAC LANE IN RUNNING BROOK ESTATES, DARRELL JOHNSON AND LIBERTY
HOMES OF IDAHO.
Kingsford: Any comments or questions on those findings?
Corrie: I have one on item #11 which findings say that is
condition of granting a variance after we shall place the fire
hydrants in the culdesac as directed by the City of Meridian Water
Department superintendent. In talking with the Fire Chief, they
would rather not have fire hydrants in the culdesac itself.
Developer: I Spoke with the chief about placing the hydrant on the
nearest intersection which is some distance away, that is why it is
worded in the fashion that it is.
Corrie: In other words the culdesac does not mean the end.
Developer: No.
Corrie: Then it is the semantics that I am having trouble with.
Kingsford: Any other questions or comments about the findings?
A motion was made by Bob Giesler and seconded by Bob Corrie to
approve the Findings of Facts and Conclusions of Law for the
variance on the culdesac link in Sunny Brook Estates and Glen L.
Johnson Liberty Homes of Idaho.
Roll Call Vote: Yerrington - Yea; Giesler - yea; Corrie - yea;
Tolsma - yea.
Motion Carried: All yea.
ITEM #4: REQUEST FOR A CHANGE IN ORDINANCE #599. AN ORDINANCE OF
THE CITY OF MERIDIAN AND CHANGING THE ZONING OF CERTAIN REAL
PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED GENERALLY AS
LOT 1, BLOCK 1, OF LOT 1, BLOCK 2 , OF THE SOUTHERLY 35 FEET OF
BLOCK 2, BLOCK 1, IN THE SOUTHERLY 30 FEET OF LOT 2, BLOCK 2 OF
DANBURY FAIR SUBDIVISION #1, ADA COUNTY, MERIDIAN, IDAHO AND
PROVIDE FOR AN EFFECTIVE DATE.
The motion was made by Giesler seconded by Ron Tolsma that the
rules and provisions of 50-902 and all rules and provisions
requiring that ordinances be read on three different days be
dispensed with and that Ordinance #599 be passed and approved.
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MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 3
Roll Call Vote: Yerrington - yea;
Tolsma - yea;
Motion Carried: All Yea.
c:
Giesler - yea; Corrie - yea;
ITEM #5: TO REINSTATE 1985 PRELIMINARY PLAT FOR CHERRY LANE BY THE
LAKE TO CURRENT DEVELOPMENT STANDARDS BY MR. KENT BARNEY.
Barney: I'm here tonight to request reinstatement of our
preliminary plat that we had in force in 1985, and I think, up
through 1988. we now regained control of property and would
request that plat be reinstated as per the new R-4 zoning
designation and would, thorough our trial planning would meet the
requirements of the R-4 zone that the property now has, we now
would be able to complete that project and make the property that
we have agreed to give to the city. Bring that to conclusion and
work closely with the City and the staff to make this an agreeable
transaction.
Kingsford: Any questions of Mr. Barney?
Giesler: As previous preliminary plated, you would not meet the
current R-4 standards, would you?
Kingsford: That is correct, and that is why that provision to meet
R-4 standards is placed on it. There some lot adjustments in
widths in some of the culdesacs that needs to be enlarged. There
are some things I would like to see in the record. We have had
some concerns on about 3 things that I would like to see nailed
down in this meeting if we could. One is that strip of land
currently like a peninsula that goes along the #1 fairway. That we
should give to the City as a condition that there is adequate
parking and the golf course be a serviceable golf course. In
checking with the USGA Golf Foundation, they recommend 250 to 300
parking spaces for a 19 hole public golf course. I would like to
see something identified out of yours and/or the adjacent property
and also to stipulate that the size of the fairways be reviewed by
a city engineer to make sure that they are adequate for or be equal
to the existing golf course.
Barney: We have discussed that ourselves and there will be some
adjustment in those. Of course, we would communicate with the City
fully in redesigning those fairways.
Giesler: Do you have any problem with any of those Kent.
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MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 4
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Barney: No. Actually not knowing the dimensions that are
required, we will just work with the City and have the engineer
design those parking places.
Kingsford: One of the things discussed originally in that meeting
we need to have a spot set aside for a maintenance building. That
is also paramount to having that operation work. I would like to
see a site planned for that.
Giesler: This being some time back where exactly is this, does it
basically continue to the west from the original.
Kingsford: It encompasses the rest of Mr. Garney's property which
is from his home, the drain ditch, on over to Mr. Fuller's property
basically terminates at the site of the practice tee where it is
now. It involves three golf holes less one green.
Barney: One green would be situated for a golf hole at Mr.
Fuller's property.
Kingsford: Any questions or comments?
Corrie: Where is this preliminary plan, I have never seen it. Do
we need to see it? What are we asking for?
Kingsford: What he is asking for is to reinstate that. Obviously,
it is going to have to be adjusted some and you will get to review
that. Under our ordinances, we have a termination date between
preliminary and final plat, that has expired, he is asking for that
to be reinstituted so they do not have to go back and go through
all the process again. We still have the opportunity to improve
that preliminary plan at a later date. That can include any of the
adjustments that he has described or that he is talking about in
meeting the current standards, you would have a chance to look at
them.
The motion was made by Ron and seconded by Max to approve
reinstatement of 1985 preliminary plat Cherry Lane by The Lake.
The current development standards being including arranging for
parking spaces 250 to 300, maintenance building, and deeding the
ground and acceptable fairways.
Motion carried: All Yea.
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MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 5
ITEM #6: REQUEST FOR RECONSIDERATION OF DENIAL OF BRIDGEWOOD PARK
SUBDIVISION BY BECKY BOWCUTT:
Bowcutt: As you recall this is the preliminary plan which we
submitted a few months ago for the Bridgewood Park Subdivision.
The problem we had with this particular project was the fact that
we requested a private room internally within the project, due to
the fact that our only point of assets was James Court which was
private. Then councils wish to have some type of linkage to the
internal undeveloped land in this particular section. If you
recall at the time our motion was made to deny the conditional use
and to improve the development with public streets and meeting
these requirements that council had discussed. Then the motion was
changed that they could not approve this particular development and
denied the conditional use because the original layout involved the
private street. We were offered the opportunity for deferral and
my client instructed me that he was not interested in being
deferred. I guess why I am here before you tonight is:
1. To ask for reconsideration because we have a little bit of
confusion. I don't know if I didn't make it quite clear enough in
the original meeting. We were instructed to meet with all parties
involved in development in this particular area. One being the
property to the north and Mr. Angel.
2. We already developed James Court Apartments and their private
road. We did attend that meeting and the representative of James
Court did not attend at the time. We waited for 30 minutes after
the t ime the meeting was supposed to begin . He di d not show, so we
went ahead and met. Then after hearing that he did come later
after we had gone. He made a statement that he was willing to
dedicate James Court. But at that time we had gone out to plant
those posts so that we could not get back into the property. So I
guess we were a little suspect of their sincerity to dedicate James
Court. we have since found out that they are serious about it and
I discussed that with my client, and basically what we have done
here is we have changed the design and the developer will build
this section to collector status. We met and talked with my
engineers, and went down to talk to ACHD and discussed that. We
have public streets internally 5 foot sidewalks on both sides, 50
foot right-of-ways, 36 foot pavement. We discussed with ACRD their
potential to either reduce the right-of-way to a 40 foot width and
a reduction in the pavement width. Their feeling towards that were
kind of negative because of the number of units. They prefer 50
foot right-of-way, 36. That is how we basically have designed it.
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MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 6
we did lose 8 units. so initially we had an application for 80
units which was 24 plexus, we now have a total of 72 units or 18
four plexus. This 3o feet (on map) is the property boundary to the
north. This is what the developer to the north had envisioned some
type of sharing of the right-of-way has been obviously a sharing of
the cost to build that collector. That is a step into this
property. They were at P&Z last month and a recommendation for
approval was given. They came up with Findings of Fact and
Conclusions of Law, I believe, at the next P&z hearing this. month
and then their rezone and annexation request will be coming before
you. The way this is laid out, the project could stand alone
without this particular development at this time. Based on
building this half section here to this point up here, public roads
here and then a sub out here. obviously, we would have to trust
fund for this and the developer is not opposed to trust funding
with Ada County Highway District for the half section here. And
then bring this up to collector status right here at this time and
making the arrangements with James Court apartment owners for
dedication of that. And ACHD would prefer that they do it all in
one stretch then we would trust fund for it. But they won't accept
a dedication unless they have the assurance that it will be
constructed or the monies be there to build the streets to public
streets standards. what I am requesting is that you possibly
reconsider that denial and at that hearing we did offer a deferral
at that time and my client basically viewed it as we would have to
go public streets with the design that we've submitted doesn't
work. we just lose too much depth in the lots. They would not
accommodate four plexus and they wouldn't meet minimum lot size of
9,600 s. ft. for a four plex. But by turning the new design over
and around like this, it does meet all the criteria. I think our
largest lot in here is 16,246 and our smallest lots are running
9,686. And we have some large internal lots here, these are
running 10,000 s.ft.
Kingsford: Any questions for Becky.
Corrie: The thing that immediately jumps out at me, Becky, is that
if you don't build the rest of that street you've got to run over,
in essence, the culdesac because there is no other access unless
you do some sort of paving or all weather surface into that second
road.
Bowcutt: ACRD makes you, I think, put a temporary turn around.
Kingsford: If you put a turnaround out there it looks like about
1,000 ft.
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MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 7
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Bowcutt: Around 700 ft. The problem is that we are trying to
accommodate both developments. And we are just a little ahead of
this particular development right here. Now they won't be platting
them according to the developers representative after they attain
annexation and a rezone, they would come in with a development
plan.
Kingsford: Questions?
Tolsma: Is there any way when you build this to make what they
call a culdesac it could utilize the property to the north to
connect that even with the gravel road i n there . Up on the persons
property here. Would he agree to that?
Bowcutt: For this particular property owner.?
Tolsma: Right. just consider digging in the asphalt right there
where you're talking about. Run the gravel up so you connect on
the loop. so instead of putting the turn around up at the end of
that big long culdesac, the culdesac actually comes back on the
gravel road.
Bowcutt: We would have to talk to ~h~roperty owner, the developer
of this property just has an option at this time. So we would have
to talk to the property owner.
Tolsma: The problem is if we grant this and they don't develop
then we're sitting there with a 1,000 ft. culdesac, which is not
going to work either. Then we are in violation of our own
ordinances. So if we could connect that back together with gravel
and we could use the culdesac at the same time.
Bowcutt: That is correct. Then you are saying just to run that
gravel.
Tolsma: Yes, just to connect. So not to have a dead end street in
there. Rather than build a culdesac, if you're going to trust fund
half of that anyway why not go ahead and pave it. The highway
district collects it.
Bowcutt: Do you have a suggestion, because we are kind of caught
between a rock and a hard place where we are trying to accommodate
the property to the north and south and future development east of
us.
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MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 8
Tolsma: The road, before it gets to your property, what are you
talking about doing there. Are you talking about just improving
half the street there too.
Bowcutt: Well, all they've got there is just that half street.
Tolsma: Currently.
Bowcutt: Currently. There is a boundary. And a boundary at the
east one too.
Tolsma: So, at this juncture you are just talking about that they
would deed that to ACRD and then the property owner, north, would
have to build the other half of the street.
Bowcutt: Right.
Tolsma: What is that street section there and how wide?
Bowcutt: From this point it does have a curb and gutter.
Tolsma: I think it does have a curb and gutter.
Bowcutt: It has curb, gutter and sidewalk all along the south side.
I think it is 22 ft., and then we have 2 ft. curbs and 4 ft.
sidewalk?
Corrie: Does this design change enough to constitute a different
plat? Isn't it enough that we have to go back and have it re-
evaluated?
Tolsma: Well, typically we have said that the straight
configuration changed significantly. At least here it is the same
way, granted you've changed the top or is that a call you'd make.
What would you say councilor?
Crookston: I don't think it changes the significant lay out of the
subdivision requiring the public street along the north. The use
of the property is not changing. I think it is a better layout
really.
To 1 sma : The concern that you have i s by doing i t i n th i s ha 1 f road
concept is not knowing what the other property owner is going to
with his/her land.
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MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 9
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Corrie: Well, I feel a lot more comfortable about this than where
we were and i f ACRD wi 11 buy of f on that then they are the ones who
will have to deal with that. You've got 22 ft. I think that is
adequate for that number of cars to get in or out. I share Mr.
Tolsma~s concern about getting that second entrance. There needs
to be some provision, even if it is for emergency vehicles, an all
weather surface of some sort.
Bowcutt: Then we will try to squeeze this up in here and try to go
ahead and extend that.
Corrie: Then that 22 ft. would be black top, Becky?
Bowcutt: Yes, we would have to fill it to ACHE standards because
they are planning on a collector there in a 16 ft. width and ?,
after that.
Corrie: Are you going to build it in phases, like phase one, phase
two, etc.?
Bowcutt: At one time they discussed doing it in phases, I think
that the initial application did state that there would be two
phases and that may be something that we can do in the concern for
the culdesac link. What they call a temporary turnaround.
Corrie: I'd say the property moved in a large length of time and
that would be available to build one solid street up there.
Bowcutt: Right. It's impractical to be able to build this full
section at the same time and ACHD prefers that.
Corrie: I like the street having to jog a little bit, I think it
is a good idea to avoid having the appearance of a straight shot
through that section of land. With the younger kids, I know their
driving habits, they could get a pretty good head of steam up if
that was a straight shot.
Kingsford: What happens if the property to the north never
develops?
Giesler: I think that is something you would definitely have to
consider or are you comfortable with having 22 ft. pavement there
for this development.
Kingsford: I know ACRD says they are comfortable with that.
Giesler: They would have to sign off on the plans.
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MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 10
Bowcutt: They would have to sign off on the plat. That is one
thing that you could consider. Obviously when the plat comes
before you, if the concept isn't feasible we couldn't get ACHE to
sign off on the plat and the project would die. The optimum thing
is that we can get with them and simultaneously do that.
Kingsford: By far the best plan if you can do it.
Bowcutt: And I think that we will know what will happen with them
within the next 4 weeks?
Kingsford: That would be two council meetings after.
Bowcutt: So we are probably looking at 6 weeks out? If you feel
more comfortable with that, then get a deferral to see how
successful they are and that will give us an opportunity to wait
and see what is going to happen to the north.
Kingsford: i believe one of our concerns was being able to give
access back to this other property, the east, and that's a concern
of making sure that road is adequate to handle that property to the
east there, and that i s my concern and my suggest ion, Becky, i s see
if we could coordinate that so that is all done at once. So what
is appropriate to reconsider?
Corrie: We could reconsider the denial and then table it.
Kingsford: If that is what I am hearing that is correct
The motion was made by Bob Giesler and seconded by Bob Corrie to
reconsider the request for the denial on Bridgewood Park and then
table to issue until the next meeting. All in favor.
Motion carried: All yea.
ITEM #7: SENIOR CITIZEN'S CENTER FOR AN UPDATE:
Nola Hammond: I spoke to Mr. Forrey last week to ask if there were
any law on the city book that would prevent a Farmer's Market from
being opened at the Meridian Senior Center parking lot for the
month of June through October basically as a fund raising vehicle
to help us in our cost. And he said he wasn't aware that there was
anything on the books but to come to the City Council meeting. He
suggested someone in the city might have an objection.
Kingsford: I'm certainly not going to tell the Seniors how to
conduct their leisurely time.
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MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 11
Hammond: Well, I wasn't sure if there was something on the books,
because Boise is trying to get an ordinance in to prevent certain
types of produce markets. I wanted to make sure of where we were
before proceeded.
Kingsford: Does council have any comment on that.
Crookston: We don't have in our current law a provision that we
used to have that prohibited merchants and sales in parking lots.
I would have to, again, search the ordinances to that effect. I
don't remember if that was in our zoning ordinance prior to 1984 or
whether it was in some of the other ordinances. This is the first
I have heard of it, so I would like to take another look at it to
see.
Kingsford: I give my recommendation that council approve of that
condition upon legal council's review of that ordinance.
The motion was made by Max and seconded by Ron to approve the
senior's request for parking lot sales, condition upon review by
our council of the ordinances.
Motion carries: All yea.
ITEM #8: PROCLAMATION FOR RESPECT FOR LAW WEEK BY THE MERIDIAN
OPTIMIST CLUB:
Kingsford: Whereas crime has effects upon the property of our
citizens is of the utmost concern and the continued efforts of our
citizens is of the utmost concern and the continued efforts of our
local government and citizens, organizations, and individuals to
curb this problem is greatly appreciated. Whereas the problem of
crime touches and effects all segments of our society and undermine
and erode the moral and economic strength of our communities and
our citizens if unabated and whereas public awareness and
determination to maintain faith and the preservation of law and
order and the appreciation of the importance of law enforcement
officials and their role in preserving social order in a democracy
is everyone responsibility, whereas Optimist clubs and their
members continue to support programs that aim at combatting crime
and encourage respect for law officers year around efforts.
Therefore be it resolved that I, Grant Kingsford, Mayor of the city
of Meridian grant the week of May 1st through 7th, Respect for Law
Week and ask that all citizens of Meridian to join the Optimist
Club in carrying the message for Respect for Law and Order to our
citizens. And by example and exercise responsible citizenship. Mr.
Myers, would you come forward.
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MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 12
ITEM #9: SEWER AND WATER DELINQUENCIES:
Kingsford: This to inform you in writing if you choose to, you
have a right to a pre-termination hearing at 7:30 p.m., May 4, 1993
before the Mayor and City Council to appear in person be judged on
the facts found by the city that your sewer and trash bill is
delinquent. You may retain counsel. Your service will be
discontinued on May 12, 1993 unless payment is received in full.
Is there anyone present who wishes to contest their water, sewer
and trash delinquency? Please come forward and state your name.
Wilma Blair: I would like to have until June the 1st to pay this
bill.
Kingsford: That would be fine. Do we have anyone else to contest
their water, sewer, trash delinquency?
Moved by Tolsma and seconded by Yerrington to approve the turn off
list with the exception of Mrs. Blair.
Motion Carried: All yea.
Kingsford: You are hereby informed that you may appeal or have the
decision of the City reviewed by the Fourth Judicial Court,
pursuant to Idaho Code 67-5201. Even though you appeal, your water
will be shut off. The amount of the turn off for this month was
$8,057.59.
ITEM #10: APPROVAL OF BILLS:
The Motion was made by Tolsma and seconded by Giesler to approve
the bills.
Motion Carried: All yea.
ITEM #11: THE MERIDIAN PATHWAY PLAN, PRESENTATION BY MR. IRV GLEN
AND MR. WALT CASEY FROM MERIDIAN:
Olen: I have asked Walt if he would distribute a copy of our draft
Pathway Plan so that you will have it. It is for all of Ada County
and we are going through a public hearing process now to get them
planned in the document. When we sent a copy of the Meridian
portion of that over a couple of weeks ago, we understand that
there is a desire on many of your parts to enhance what we
originally came up with and as the result I had a chance to meet
f 1
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MERIDIAN CITY COUNCIL
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PAGE 13
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with Mr. Forrey and Mr. Casey and go back through the Meridian
portion of it and upgrade it. In fact, I think we upgraded it
substantially. Before I review with you the changes that we are
going to propose. I would like to do a little background on the
plan itself. We started the process in the fall of 1991. The
process involved over 350 citizens from throughout the county
including a small delegation from Meridian. Now we have split up
into 18 task forces that really helped us to put this together.
They identified a number of pathway means throughout the county.
The plan is intended to accommodate both recreation and
transportation. It also addresses trails, pathways and related,
both bike lanes and bike routes. Since we put this plan together
we decided to concentrate on looking at the long term, we call it
a vision map or concept map about pathways with no particular time
frame, just a ultimate goal. But we also zeroed in on a 5 year
plan. One that we felt would be implementable. As it stands right
now, we have a list of projects in the proposed plan that total
just about $10,000,000, over the next 5 years that we think are
very do able. Those projects are spread throughout the county and
involve a combination of federal funds, local funds from the
implementing agencies. For example, the Highway District, when
they go out to construct roadways, widen overlays, that sort of
thing, they will incorporate any pathway that comes out of it. We
are also taking advantage of some new federal money and in the last
two years we've been able to get over $800,000 in congestion
mitigation or f ac i 1 i ty funds to he 1 p f mp 1 ement this p 1 an and we are
working right now on getting another $500,000 of bicycle
improvements that will further implement the plan. With that I
would like to go into overhead projector and review with you what
we have come up with for the City of Meridian's portion of the
plan. Before we do, are there any questions? Also I would like to
introduce Ross Dodge of our staff. Ross has been out working with
the citizens and others. And any questions you may have, we can
call on Ross for answers. This represents what I call the long
term proposal report. The Meridian Pathway Plan in that it has no
real time frame and I have identified what Walt and Wayne and I
have come up with since we last met. There are several colored
lines on here and I would like to describe briefly what they mean.
The green line represents multiple use paths. Generally they are
paved paths that are not on the roadway right-of-way. In this case
we have identified a number of them following canals and drainages,
and in one case a railroad track. Then the road related paths are
two types, one is the bicycle lane which is actually stripped on
the pavement and identifies for bicycle use or pedestrian use.
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MERIDIAN CITY COUNCIL
MAY 4, 1993
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Those are the blue lines. The red lines represent bicycle routes
and there are two types of those. One would be on rather low
volume streets that are signed for bicycle use and the other would
be on some of the rural areas like the Eagle Road corridor where
there would be an extra wide 9 ft. or 10 ft. shoulder that would be
identified with signage for bicycle and pedestrian use. So you
will see a combination of those. In the long term we are looking
at all of your section line roads and most of your collector roads
to be part of the pathway system. Many of them would be developed
as development occurs in those areas and some of them would
actually be implemented in the next few years in conjunction with
roadway improvement. One example of that would be portions of
Cherry Lane where it is supposed to be reconstructed and widened in
the next few years. Which would include Pine Street and portions
of Locust Grove that are in the capital improvement plans for the
Ada County Highway District. So this gives you a sense of what we
are looking at for the ultimate pathways and for the City of
Meridian. Probably the main additions that were made to this, when
we sat down with Mr. Forrey and Mr. Casey was adding the Ten Mile
Creek. We added Ten Mile Creek from Victory Rd. all the way over
to where it intersects with Cherry Lane and that route would also
serve the Fuller Park. Which is currently developed. We've also
routed on East 1st street through the core downtown area so that it
would serve Story Park and then we suggest that we extend it on up
to Cherry Lane to connect back in. Two other multi-use pathways
that are being proposed is the Five Mile Creek between Linder and
Meridian Road and I can't recall the name of this other one Wayne.
Forrey: .7ackson Stub Drain is in the general area.
Olen: This represents a connection from Meridian Road down to
Fairview Avenue. We are also suggesting that this is perhaps a
longer term proposal. That the railroad right-of-way would
eventually be developed as a Pathway corridor that we connect all
the way down to the Townsquare Mall and also connect up into Canyon
County. I might add that during the development of this county
wide pathway plan we di d work with folks i n Canyon County and the i r
plan, I understand, will include the Ustick Extension, Chinden
Blvd., and Victory Road Extension, so they will connect into Canyon
County. Are there are any questions on the long term map? What
we're asking you to do tonight is to give us your comment on this
proposed pathway we have planned. We are going to take this entire
pathway plan to the APA Board at the end of this month on~May 17th
and asking them to either endorse or adopt so we can send it back
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MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 15
a
out for your formal adoption. So, we're not asking you tonight to
form an approval for it, but we certainly would like to have you
concur with what we have before we take it to the APA Board. Are
there any questions?
Kingsford: Any questions for Mr. Olen. What about the bicycle
route you originally had going down Fairview Avenue. And going to
Eagle Road, when ITD redoes Eagle road they were going to carry the
bicycle pathway clear to the Boise River to catch up with the
GreenBelt Pathway going back to Lucky Peak. That is still in the
plan?
Olen: Yes, that is still in the plan. In fact, that portion from
Fairview Avenue North, is going to be constructed in the next 5
years and that's when they are going to add 9 ft. stokers
that will accommodate the bike run designation. It will also be
added to what we call the Bike path and extend north.
One of the citizen's groups suggested that we add a bike path that
parallel the interstate on the south side right adjacent to the
right-of-way as that area develops it would eventually connect all
the way to Cole-Overland Rd. It is a little longer term, but
certainly opportunity is there to extend it. Next I would like to
describe what we envision as to what will be happening in the next
5 years in the vicinity of Meridian. When the APA Board meets on
the 17th, we are going to be asking them to consider a program for
some additional pathway funds using those congestion mitigation and
air quality funds. And one project that is now being suggested for
funding this next year is the Five Mile project which is roughly a
$125,000 project. And as it stands now it is being recommended for
funding in fiscal 1994. Also Wayne has been talking in conjunction
with the proposed extension up through here, talking with the Idaho
Transportation Department to add a pedestrian crossing on the
Meridian bridge across Interstate 84. And it is similar to the
one, if your familiar with it, over on Eagle Road. It would be
roughly a 9 ft. or 10 ft. structural addition to the bridge and we
understand now that the Idaho Transportation Department will be
adding that into their 6 year program for what is called
enhancement funds. Another new funding source under the Federal
Act. So it looks like that could possibly get done over the next
5 years. Because I was just thinking it was going to be widening
Cherry Lane between Black Cat and Ten Mile we envision a bike lane
as part of that project, then it wouldn't be too difficult because
of the existing bike lane section is there to start the rest of it
into either Meridian Road or E. 1st St. as a bike route in the next
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MERIDIAN CITY COUNCIL
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5 years. In talking with Wayne and Walt Casey we felt that this
stretch of the pathway system through development and dedication is
pretty much going to be accomplished over the next 5 years. That
might be pushing it, but we're going to take the high road and
assume that it can be done in conjunction with development.
Strictly with a key part in the crossing of the interstate in the
pipeline. In addition to what's being shown here over the next 5
years the highway district does have Locust Grove from about Pine
Street north to Ustick in their Capital Improvement Program where
they went at the lane of route and also Pine Street, I believe it
goes from Locust Grove over to about Linder Road. So those will be
added into the next 5 years. Finally the improvements on Eagle
Road north of Fairview Avenue would also be added in. So when you
look at both the ultimate and long term plan and what can be
accomplished in the next 5 years, it's fairly significant in terms
of pathway development. Having all of these on a recognized plan
just facilitates getting some of the federal funds that we're going
after, successfully going after for the City of Meridian. So
that's all I wanted to present, I would ask for any comments you
may have and your validity so we can take this through the - - -
process so and bring it back to your formal adoption. And I would
like to hear anything that Walt might have to add.
Casey: Gentlemen, as you probably know it is our desire to develop
the Fuller Park Project commencing immediately. I am proposing a
comprehensive plan in 2 weeks at our board of director's meeting.
Included in this is a pathway type system within our park and my
interest ties in here with the overall interest. If we can tie our
park system in on a local basis within a parameter bike system than
we can provide the citizens of Meridian good pathways. They can
take advantage of the park. One of my high priorities was the
development of that pond, I visualize that little pond over there
very much like parks in Boise. And we are going to break down on
that. In the overall picture we will tie what we have immediately
within the city to what we're developing on our parameters. If
something strikes you between now and APA Board Meeting, Mr. Tolsma
is a board member, so pass that on to him.
ITEM #12: REVIEW OF THE SITE DEVELOPMENT AND LAND USE IN
CONSIDERATION OF BEST WESTERN CONCRETE PRODUCTS WITH THEIR PLANNING
DIRECTOR MR. WAYNE FORREY:
MERIDIAN CITY COUNCIL
MAY 4, 1993
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Forrey: Thank you Mayor and Council. Since Jack passed away I've
come into a few thorny issues at times and this is one of them and
brought to my attention by citizens calling and by council members
asking for some input and direction, by owners of the business
needing some direction as well as how to comply to the City's
ordinance. I have looked at the ordinances and took the approach
that there is always two sides to every story, and so I thought I
should educate myself on both sides of the issue. I have made
several site visits to Best Western Concrete Products, and talked
to some of the property owners in the area, taken some photographs,
and also, in the course of all that, invited representatives of
both sides to be here tonight. I thought I would start with just
a presentation to set the tone and at least let you know the
objectives that I have accomplished myself and I think we should
allow property owners and the owners of Best Western Concrete to
maybe give their perspective. We can start with some slides of the
are that we can all refer to as we get into the discussion. I
would also like to show you some examples of other industrial parks
that have some of the site development features that I think that
this industrial property needs for two reasons: To comply with the
City's ordinances and also to make it less objectionable to the
abutting properties. So, I will take a few minutes to go through
slides and look at some considerations. This is looking west where
there is the top of a little knoll looking west. The Best Western
Concrete property i s i n the back ground here where you can see some
of the concrete cinders stacked up along Overland Rd. and some of
the buildings and equipment they have in the background as well.
It is a little dark, but if you see the trees on the south side of
over 1 and Rd . there i s a blue house that 1 ooks 1 i ke a spl i t entry or
two story home right there immediately on the other side or south
side of Overland Rd. The view is a little closer now and you can
see the inventory of the material that is produced on the property
is stacked up right close to the fence across the right-of-way line
and you can see all also that the fence is a livestock fence. It
is not any type of screening fence. Now I am on Linder Rd. looking
north and I'm probably about the 200 feet away from that
intersection or 150 feet perhaps. This is the office of Best
Western Concrete and those pickup trucks you see are probably
within 5o ft. of the north side of overland Rd. The dirt lane
that you extending on the left of that photograph up to the top of
that knoll right there is the extension of Linder Rd. It is an
ACHD right-of-way, but undeveloped dirt road at this point. Now we
are looking back to the east of the intersection of overland and
Linder Rd. And you see some of the concrete product stacked up
right close to that intersection. That metal contraption in the
MERIDIAN CITY COUNCIL
MAY 4, 1993
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middle of the picture is a windmill that's laying down on its side.
we can see a hilly terrain in the back. Now i am up on the
undeveloped portion of Linder looking south and you see a different
perspective of the property and how it is being used. I think I am
on public right-of-way at this point. Again you see the fence
right here. It is more of a livestock fence. There is no
screening to that. But you see the high ground on the left side of
the picture. And some of the phone calls I received are
questioning a gravel pit operation and I have met twice with the
owners of the property and they indicated that they were basically
land leveling. It is not a commercial or a gravel pit operation,
but they were taking some of that high ground and pushing that back
down south and also getting some of that hauled off for free. Some
people wanted some of that material and they were offering it for
free to get rid of it. So they could make a level building site
for some future expansion. There is some of the top soil stock
piled there and some of that knoll that is between Overland Rd. and
Interstate. That high ground that is being knocked down and pulled
down to level out the building pad. Now one of the issues that
everyone talks about is screening and the city's ordinance also
talks about screening in industrial parks. I took this picture to
demonstrate a point. Sometimes a fence by itself is not an
adequate screen, in fact someone could look at this picture and say
this does not look attractive, in my opinion it is not valid here,
I am just taking a picture to show you that this is the same
subdivision, I am standing in one spot and taking a picture of a
fence with homes very close to the fence and I turn it in a
different direction and you see the same development at a different
angle and there is trees, and the difference between those two
photographs is the landscaping. I think that most people here
would agree that the landscaping has a nice dimension to this view
when compared back to this one right here and I am standing in the
same spot just turning an angle with the camera. Here is an
industrial property in Meridian, it is on Meridian Rd., I am
standing in a lot of old town that is currently being proposed for
a 20 unit apartment complex in the city. And on the other side of
this project, of course, you see some industrial type uses, and
some equipment stored and there's a fence, but in this case it is
there probably for security, it does not provide any screening
attribute and it is a 6 ft. cyclone fence. Here is the same type
of fence in an industrial area, but it has some tin strips inserted
into the chain link. It does screen, but again, over the top of
that metal slat you still have some views. Here is a case, where
maybe landscaping above that 6 or 8 ft. fence would be appropriate.
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MERIDIAN CITY COUNCIL
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PAGE 19
This happens to be 8 ft. and that fence is not very well
maintained. It is a little rugged and ratty looking. Here is
another chain link fence that has razor wire on top and by itself
that it looks very objectionable, and yet that razor wire has a
security look to it. With that landscaping in there, even though
hers got a lot of material stored immediately behind those trees
you cant see it very well, and that gives it a little better look,
visually. Here is material immediately stored behind a fence, and
landscaping again breaks it up. Same situation here combination of
evergreen and deciduous but you've got industrial use and material
stock piled adjacent to a fence but the vegetation has a chance to
break that up. Now after all that and thinking about this, looking
at the ordinance and trying to understand the situation on both
sides, I have come to a few recommendations that I think very
appropriate to discuss. First of all,
#1 on that list, I think that Best Western Concrete definitely
needs to construct a fence, a screening fence. I am suggesting
that we consider a 6 ft. chain link fence with screening slats for
an immediate screening up to that 6 ft. level. The ordinance could
actually go to an 8 ft. if that was the desire of the city. That
would also provide for some noise buffering as well. However, that
solves just the immediately situation. I think that
#2, that columnar evergreen trees should be planted every 40 feet
to get specific. For an ongoing screening of the property and
future buildings that might be built on the property. That would
also screen some stockpiles, it would provide a general visible
improvement for the area for the residential properties and I think
it would help reduce noise with the landscape in there as well.
#3, all access entrances should be paved and developed in
accordance with highway standards. Look at the bottom. The
Highway District. The Highway District when two section line roads
intersect ACRD has a standard for separation for safety. Right now
those pickups you saw in the slide, some of those are just parked
right in here on gravel around the office building. The ordinance
does require that employee parking be paved. So the owners of the
property should comply with the ordinance. But there is a
separation between the entrance to the site and the intersection.
That should be developed according to ACHD standards. Depending on
how ACHD find this section of Linder road there is a difference in
that set back, one definition will be 115 ft. and the other
definition could be 75 ft. Regardless, I am suggesting that the
ACHD make the determination and Best Western Concrete be asked to
develop an approved ACRD entrance that is paved. The employee
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MERIDIAN CITY COUNCIL
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parking area has to be paved. So when I met with the owners of the
business, they agreed that was something they should do. And then
we paced off 75 ft., we also paced off 115 ft. and they agreed with
the ACHD that this is something they need to do. They have agreed
with a fence. They feel that it is reasonable that landscaping
should be included in that fence line to address some of the issues
we talked about in terms of low area as well as a future higher,
better looking barrier. They have indicated that some time in the
future they may need a secondary access into the property if they
have something that ACRD maintains then that should be paved. This
area probably needs a little treatment the company is looking at a
future display area, some farm and industrial equipment display.
This area back here is the land leveling area and their future
plans are to build some buildings for an area indoors. So again
there will probably going to be a building back there, again this
landscape screen will help soften the effect.
#4, Then the employee area be paved.
#5, In talking some of the property owners out there, weave had a
windy spring, I think it would be appropriate to ask the owners to
expedite the land leveling and not let it draw out all summer long
to get that dust under control. Or, if it is something they plan
to do all summer long there is an allowance perhaps the city could
restrict leveling when there is high winds and EPA uses a criteria
of 7 mph. So there is some case history there. I think the city
should provide a letter to the owners regarding specific site
development criteria in order that I may issue a future zoning
certificate. In talking to the owners of the business they have
been waiting for some specific direction from the city. They have
represented to me that they are willing to comply with the
ordinance if the City would please spell it out. So, I definitely
want to get to the point where a letter can be written.
#6, I think it is important to continue to work and cooperate to
get this resolved, and I think, on both sides, of the property
owners that I have talked to say that is good. Lets continue to
get this resolved. The business owners are saying the same thing.
I think tonight is important to discuss these issues and get some
direction, and I would like to follow up with a letter.
Kingsford: Any questions at this time? i believe Mr. Forrey has
indicated that there is an open forum for discussion so at this
time I think it would be appropriate to invite the owners of the
property first.
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MERIDIAN CITY COUNCIL
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PAGE 21
William Collins: Attorney to represent Best Western Concrete. We
had some inkling of what Mr. Forney would be saying, but we didn't
have the detail of what all he was saying. We have not had a
chance to sit down and talk about it. I think the screening is
something we are willing to do, I don't think there is any question
on that. We have some questions about how far that screen should
be-set back from the highway, Overland Rd., there is some question
about how far the screening should go over to the access road.
Then Linder and this other alternate possible, potential alternate
access in. We've got a problem exiting from Linder coming on,
going to the south on Overland Rd. and getting access without
endangering people. I don't know if we can run the screening back
at that angle. When, at purchase of property there were a lot of
bushes right along Overland Rd. about 7 ft. high. That was a sight
obstruction, and that's why it was removed. The parking pad for
the employees, I don't think there is any question about that. We
would have some question about how big it should be, because in the
number of employees, i think the ordinance is specific in saying
how big it should be for the number of employees. I don't think
that is a problem. We would want to sft down and talk with Mr.
Forrey about the size of these trees we're looking at here, he is
definitely thinking of some conifers. We will have to figure out
how to water those, it is going to be on the outside of the fence,
because that is where they should be. I will have to talk to the
owners about that whether on the inside or outside of it. We just
basically have some questions about it. We don't know how quick
that land levelling will take place. It is up to the contractor
and we don't have a contract with him to do it. He is just doing
it as he needs the material and haul it away. So we don't have any
set requirement with the man to get that completed in a certain
time as we normally would if we were hiring this done. We
definitely want to get some resolution in this, we want to get it
concluded. The owners are upset, I can understand some of the
concern of the owners. My clients can understand it, we just don't
know what we are supposed to fully be doing, that is all. We want
to get some direction, we want to sit down with Mr. Forney and try
to get it resolved.
Kingsford: You said that on the corner, you had some concerns
about the corner of landscaping. The ACHD, I think, Specifications
say that you can't do anything within 40 feet from the
intersection.
Collins: I heard that they had some requirement like that. My
thought was only my thought . Maybe i f we could come over on an
angle here. I don't know if that is practical for my client. ACHD
I'm sure has got to have some specific requirements.
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MERIDIAN CITY COUNCIL
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Kingsford: Any other questions. It was brought up by Mr. Forrey
that Linder Road be reconstructed. I haven't heard that.
Collins: I don't know what we are going to do about Linder Road.
Whether they wi 11 1 et us do anything on i t or whether we shou 1 d
vacate it? I don't know what we should do with that. Clearly I
think the ACRD is regulating how we take our access off. I will
have to follow the ACRD on that. what ever it is.
Kingsford: That will be fine. Any other questions?
Collins: We need time to digest what was presented and study it
through.
Forrey: Do you have any suggestion on time limit that you might
set. Do you have any idea at all.
Collins: As far as the fencing, as soon as we get that resolved,
we will be doing that tomorrow, if we get it resolved tonight. And
we expect to see that come through quickly.
Forrey: I am just concerned that some of these improvements over
the last 4 or 5 years, we need to have some kind of time agreement
that we should set down.
Collins: I agree. We should know what is expected of us, and
when. We just need to work out the details is what I am
suggesting.
Kingsford: Does your client have anything that he wants to say?
Collins: No.
Dennis Andrews: My name is Dennis Andrews and for some reason my
house is missing in all your pictures and your map.
Forrey: It wasn't intentional.
Andrews: I asked this question a year ago why this business fits
light industrial zoning and I still haven't got an answer to it.
There are a lot of us would like to know why that business is even
there.
Kingsford: Would you care to address that counselor?
MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 23
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Crookston: It is an allowed use, under our schedule of zoning
uses. Even though it is designated at light industrial. We have
a schedule in our zoning ordinance that .lists various uses that are
allowed in all specific zones. In residential zones are designed
for houses allowed. In commercial zone we have basically 3
commercial zones, different size buildings, different uses are
allowed under that zoning schedule uses in the IL zone, concrete
paving is allowed.
Mel Schumacher: And I live on the corner of Overland and Ten Mile
and I am a little bit down the road. Where are the designers in
this deal. How come everybody is up here at the table, pointing
and deciding let's put a tree here and a fence there. Why haven't
designers been involved in this? Why hasn't it been engineered?
Isn't that part of the requirements of the city? Don't they have
to follow UPC and all that sort of stuff? Isn't that a situation
in terms of excavation? You can talk about land leveling. This is
going to go on for a period of time. I think all this stuff is
controlled by your building codes. So why haven't designers
submitted on this property, way before now and why hasn't it gone
through the correct process? I don't mean to be insulting, and
this is the first meeting I have been to, but it looks to me like
a stumblebum process. And I think that's why we have a stack pipe
out there that looks like hell. Looks like a cancer that has
developed in the area.
Kingsford: There is no question that the ball has been fumbled
numerous times.
Schumacher: I don't see it being resolved. I still see a fumbling
process going on. I see some light padding taking effect. Nobody
is taking the bull by the horns and getting the job done.
Kingsford: Anyone else?
Mr. Lance: Members of the council, Mr. Mayor, Mr. City Attorney,
could I ask Mr. Forrey to put the photographs up again?
I am here this evening because I received several phone calls and
was requested to be here. Secondly, I reside at 1370 Acres Place
which is approximately 3/4 mile to the South of the site in
question. First of all I want to commend Mr. Forrey for some of
the recommendations being made.- I think that would go a long way
in alleviating some of the problems. I would like to ask Mr.
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MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 24
Forrey to show us the pictures again, I would like to point out a
couple of things. The topography of the approach, I think,
probably lends itself to the problem in terms of distortion. If I
am not mistaken, Mr. Forrey, this looks to the west traveling down
overland Road.
Forrey: Correct.
Lance: There is a slight rise, I think you can detect to the left
there and that elevates you as you are cresting on the hill so
you're looking down on the subject property. I think probably that
the land owners to the east are a little concerned about the
aesthetics as you're looking west in this particular view relative
to possibly a screening device to the east side of the property
line of the affected property to kind of screen it from this
particular direction as you travel down overland Road.
As you can see Mr. Mayor and members of the Council, some of the
problem has arisen as a result of crowding the property line. For
some reason the property owners have, in fact, crowded that south
property line and have placed the concrete cylinders very close to
the property line. I think that causes not only an aesthetics
problem, but also potentially a safety problem. If someone should
slide off the road to the right, rather than going into a ditch,
they would be hitting a concrete cylinder. Next Slide. Now in
this regard, Mr. Mayor and members of the council, if you are
coming from the east going to the west this is the intersection of
Linder and Overland Road. One of the problems, I have detected,
having traveled this road on many occasions, is that large
quantities of mud come off of this right-of-way of the ACHD. The
majority of the semi-traffic, as I can perceive it at least, goes
back to the east. To the west of the picture or to the left of the
picture, there is also slight swell and a slight rise.
Unfortunately, not everyone observes the speed limit. So if you're
coming from the west going east then you have a large truck that's
laden with mud trying to make a left hand turn at this
intersection. You have a problem there, because you have a semi-
truck that you cannot see until you are just about on him pretty
much stopped trying to make that left hand turn. When you have
high moisture content as we have at the present time there are
large quantities of mud dragged out on the road, which reduces the
traction if you're trying to get into an emergency type stopping
situation. Now in that regard, if the land owners could put an
angular exit out of that intersection going to the east or toward
the east, that would give their semi-truck drivers a little bit of
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MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 25
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an edge in terms of trying to exit property rather than coming out
and trying to do a 90 degree turn going back to the east and that
might alleviate some of the safety hazard as I perceive it.
Lastly, I have detected large quantities of dust when the owners
attempt to move material around. I believe, last summer, it was
particularly burdensome in terms of the particulates. However, if
they were to utilize the north side of the property and a greater
set back away from the roadway I think that the impact that they
would have on the adjacent property owners and the neighbors would
be substantially lessened. And I'm not sure about the 7 mph
factor, but certainly with that type of standard, that would be an
assistance in resolving some of the problems that are being
experienced by the neighbors. With that, Mr. Mayor, I would stand
for questions.
Harold Ross: Is there actually a plan on file with the city as to
this development.
Forrey: No.
Ross: I am involved with some commercial property myself and
anything I wanted to do, the first thing I was required to do was
to submit a plan, a drawing plan of what I was going to do,
planning and zoning. For their preliminary approval, then it went
on to you people. Now, if this is the procedure why don't we have
a preliminary plan for this particular business? Is it not in the
city l i m i t s or i s i t not i n the i mpact area, or what i s the reason?
Kingsford: In your circumstance, Mr. Ross, you were changing a
use, or changing a zone. This has been zoned since 1980.
Ross: Zoned for what?
Kingsford: Industrial.
Ross: Doesn't there have to be a plan as to how it is going to
develop or does the work industrial cover everything? Doesn't
there have to be some kind of f 1 oor plan, i f I want to cal 1 i t
that, and submit it. See, I'm involved in a trailer court and in
a trailer court I have to show use specifically. How the lots are
going to be arranged on the property, how much the set back i s, how
many feet, inches, etc. Now why is it we can name it industrial
and throw up our hands and say it is industrial and go to it?
Kingsford: we are talking about substantially different things.
Councilor would you care to address those?
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MERIDIAN CITY COUNCIL
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Crookston: The only reason they would have to submit a plan would
be on construction of a building. They would have to get a
building permit and then submit a plan for the building, not for
the other uses that are currently out there.
Ross: They have this for the office building and the maintenance
building there, they do have a building permit for this structure
between those two buildings.
Kingsford: It is my understanding that they do have a building
permit for that structure.
Ross: The second question I would have, since it involves some
property that I am involved with, there is a ditch that goes
through the center of this property. It is a combination live
water ditch for irrigation purposes and drain water which is picked
up further down stream and utilized. So is the provision for that
type of provision for their type of operation for any kind of
potential toxic clean up material, such as ---oil, or the cleaning
of the equipment. Do they have provisions for this, or does it
just drain out on the land?
Crookston: i couldn~t answer that.
Ross: As I understand EPA, on todays standards, I cant even take
crankcase oil and spread it on my drive way to keep the dust down.
Now, if this is the case, then common sense tells me that there is
going to be some clean up materials involved with their type of
material and what they are doing. whether it is cleaning out a
concrete truck or whether it is forming oil or whatever. It seems
to me that it is only reasonable that there be provision there to
take care of this properly and not get into, what I would call, our
ground water system. Not only does it effect us directly, but it
would go right on down to the ocean eventually. I think that is a
question that needs to be addressed also.
Kingsford: I'm sure they have to meet EPA standards just the same
as you do.
Ross: Thank you.
Kingsford: Anyone else?
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MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 27
Phil Gardner: I live on Aspen Rd. about 1/2 mile south of the
intersection that is displayed here. I completely sympathize with
Mr. Andrews position. Since this operation has taken place, I
doubt that anyone could say that they have operated in good faith
as far as keeping the area aesthetically pleasing, and being good
neighbors. Mr. Andrews home is on the intersection of Linder and
Overland and for the past 8 or 10 months, he has been obliged to
look at that rusty old windmill, laying down there on its back.
when the people moved in and put the operation in place they bucked
up some old fence and old rose bushes, etc. and that is also right
in front of Mr. Andrews front window. So, I think that common
sense would indicate that those are not proper procedures. we've
been asked to be specific about what improvements are called for,
but, to me common sense would indicate that those things are not
acceptable.
Ellen Andrews: Obviously, we have questions about this business.
we have lived in this area for 22 years. we have voiced out
complaints and our concerns to the City Council, to the Mayor s
Office, to members of the City Council and asked for them to
recognize this area. our major problem is that the property is in
the Meridian City limits, we are under your jurisdiction because we
are in the impact area which also effects, I believe, clear to
McDermott Rd. almost to Amity and a whole area. what other things
are you going to allow in these areas without the slightest
consultation of the people it impacts? You are only
representatives for the things that happen to us and you are
responsible to us for those actions. I just feel that there is no
concern about the citizens in this area, maybe because primarily we
have been here so long, but if you're looking for new businesses to
come in and you are looking for other tax base, and you are looking
for other people to become citizens of Meridian City this has not
been a very effective way, in my mind, to approach it.
Dr. Munt: I reside at 2265 w. Overland Rd. and I have lived there
with my family for the 1 ast 19 years . As we have watched thi s city
grow, we've all watched certain areas grow and certain developments
and housing, etc. Being a resident in that area I have watched the
development on Overland. I have expressed some concerns I have
had, about not only the business in question tonight, but the
Huskey station here on the corner that is not in the city limits,
and then as this new business comes, I see, as Mr. Schumacher
mentioned, cancer that really seems to proliferate itself, and as
a land owner, as a resident in that area, Ism concerned, as well.
•
MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 28
•
I don't know the people who live right there on the corner, but I
certainly can empathize with what they must be going through. To
see that kind of development being allowed to go on there. I think
it is a shame, I don't know who has dropped the ball, but certainly
somebody needs to pick it up and put some teeth into some of what
we would expect as reasonable to put in place out there, and what's
there right now is not. If they are continue to move dirt over the
next several years to level that property as needs arise, I don't
think that is what being a good neighbor is about. We have good
examples of great neighbors on Overland Rd. You can go to the east
and we have Cat and Arnold Machinery who have done a great job.
Mtn. View Equipment at there place have put up berms, and grass, it
is aesthetically beautiful and we have upscale housing close to
some of these developments and they are good neighbors. This
example is not what we would expect in this community as it
continues to grow. Certainly, I agree, as some of the other people
have said, there ought to be a plan. I don't know if there is.
This is my first meeting, first time ever, city council. I notice
that Idaho Power just service that property with a new pole and
some power for a machine. I assume that the City Council has to
give permission to Idaho Power to put in that power pole and
provide electrical service to that property. Is that correct?
According to the power company, that is what they tell me. It
seems to me that we do have an opportunity to put some teeth in
what we can do to that property. Say, if you want power, I don't
want to run anyone out of business, everybody has a right to make
a living. By the same token, if people are not going to comply
with the expectation that this community and this county has. As
we continue to grow, I think somebody needs to bite that bullet,
whether that is the power bullet, or whatever it is. There can be
some denial of services until we see plans on paper and action
taken. Thank you Mr. Mayor and members of The Council.
Dennis Andrews: I have a copy of an electrical permit that was
issued to a Mark Lohr, 1580 W. Overland Rd. and it was issued April
19. Jack Niemann's name is on this permit. I was told that his
business was red flagged or red tagged, or whatever from hooking
power up to that. I would like to know why-- Ann--7 has the
authority to O.K. and electrical permit.
Kingsford: Our office staff up there does and that was one of the
areas unquestionably we dropped the ball. Mr. Tolsma has been
working on that and thought that it was stopped. He thought that
was shut down at that point.
MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 29
Tolsma: The council meeting that we had previous to that we had
agreed that there was going to be no more permits issued and, Jack
Niemann, at that time had just found out that he had brain cancer
and evidently he forgot to inform the office help because he had
other things on his mind.
Dennis Andrews: Sir, I think this permit was dated April 19, and
Jack Niemann's funeral was prior to that.
Tolsma: It is not signed by Jack Niemann, it is signed by Ann.
The office did not know about this, because Jack had not informed
them.
Andrews: How is it she could authorize it?
Tolsma: Because she is a permit authorizer.
Wes Weast: I am about 3/4 of a mile down the road from this.
There is a prime residential country out there. Farms and so forth
like that. I think what you guys need to do, any future businesses
or anything like that, you need to put some teeth into this stuff
so this doesn't happen on east of that. See if we can keep this
from happening again. Either Conditional Use Permit or something
like that. But our concern with these people right across the
road, I not sure the machine that they put in, I believe cuts holes
in concrete. I might be wrong about that, but I would hate to have
my house right across from that and listen to that. So I think we
need to take a look at all of this.
Mel Scrimner: From 1055 W. Overland Rd. in Meridian. I once owned
the property across from this Western Concrete and these people who
bought it from the people I sold it to with the idea that they
would get a good return on their investment. As of now I am trying
to sell some property, and I am having a tough time doing that and
down the road this problem that we're having is the reason for
that , there i s no doubt about i t . So, i t i s creating problems with
out property value. So, I have been to a meeting on this once
before, and I know what they are trying to do, but somehow or
another, I just don't see it being done. I wonder what protection
do I have with the property I still own. I am down the road just
1/4 mile to the east. What protection do I have of that not
happening there? I think that's what we are all asking. We need
some help there. I just wanted to go on record as saying I hope
that the way things are going across the road there, and hope to
get them changed. Thank you.
MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 30
Mary Johnson: I live in the blue house that is in the picture. I
look out my front door at that every day and we've heard a lot of
people complaining, and they don't live across the street, they
live all around and they have a great many concerns. What we're
hearing is we don't want this to happen again. I want to hear what
you are going to do about what has happened now. It has been all
of 11 months and come Memorial Day it will be a year. We have
heard complaints for a year. Mr. Collins, said all you need to do
is tell us what we need to do. Hasn't 11 months been long enough?
our quality of life has been destroyed. I object to your????. The
dust isn't from the land leveling, that just started a month or two
ago. I couldn't barbecue last year, I couldn't open my windows.
The noise goes on from 6 a.m. till 9 or l0 p.m at night, 6 and 7
days a week. I want my quality of life back. I don't want this to
happen to anyone else. Thank you.
Great applause.
Kingsford: Council members it is my suggestion that we add to that
1 i st to Mr . Forney that we have a meeting post haste wi thi n the
week with the owners and set up a plan of attack.
Corrie: I have some questions. Is the owner of Western Concrete
wi 11 ing to change the times that you are working, from 6 a.m: 'to 10
p.m. to what is reasonable, say from 8 am. to 5 pm.?
Sam Lohr: We are the owners of Best Western. We understand these
concerns about living next to an industrial zone. We bought zoned
property, we inquired about it when we bought it to make sure the
zone was correct. I don't know what more we could have done there
and I know that it's not pretty living next to that. It can be
better than it is. I don't intend to quit. Thfs is what we do for
a living. We told the Council and the neighbors that when we know
what to do or what to put up, we will put something up. We are not
wealthy, we can't do it more than once. We are willing to screen,
that is our problem. Do work long hours when it is required and I
can't make any promises that it will change as long as it is
required, I have got to work.
Dennis Andrews: One other question. Since we are going to have
this meeting, I would like to have a couple of answers. Is that
cutter machine going to stay, or can you move it back, is it your
plan to leave it there?
C
MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 31
•
Lohr: It doesn't absolutely have to stay there. That is really
where i t needs to be because of the design of the yard . We can
look that over. I can't stand up here and make a lot of promises.
I can tell you that it is moveable, we moved it in. We need the
machine. We weren't aware that there was supposed to be a
moratorium on permits. This is the first I have heard of it. I
don't know where that came from. I think we should have been
notified. That ?--machine goes along with the building that is yet
to come. In negotiations, we are flexible to the degree that we
can afford it and that it solves something. We've been told no
matter what we do, of moving, nothing is going to satisfy the
neighbors. I think you've been told that tonight, basically. We
have been told that outright. We don't have a choice, we can't go
anywhere. The only thing I can tell you is that I look forward to
negotiations and with the council and we will do what we can, what
we can financially afford to do. We've never said we wouldn't
screen. One other thing I would like to address while I am here.
I think that one place that the ball was dropped was when that was
zoned, that was the time for objections to come up. And I guess
they didn't, I don't know, I wasn't here. i think that was the
time to address that.
Kingsford: I agree Mr. Mayor that we've got all sorts of questions
that have to handled by the Council. I suggest that we ask Mr.
Forney to set up a meeting and view your concerns that you want to
put on that to give either to he or Ron since he is heading that
up. Set that meeting up this week.
Giesler: one of the concerns I would like Mr. Forney to look into
in the mean time, is on his pictures of the screening, most of
those were in different industrial parks to where residential
wasn't across the street. Your are talking every 40 ft. for trees,
I don't know what the answer is on this. I really don't at this
time. Your pictures show that you are in Boise and in that
industrial park by Boise Cascade, and you have the same type of
uses across the street, it is a little different here. I think we
have a unique s i tuat i on here that we are going to have to work with
and maybe we can visit with some type of landscaping companies to
find out what could really work. Right now that type of a deal
right there, I don't foresee that really curing any problems.
Maybe before we schedule another meeting we can get some more ideas
because none of you pictures would be adequate for what we have
here. I think we need to look into some grass and things of that
nature. Try to beautify that. These people deserve this to be
•
MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 32
•
resolved. It may be rather expensive, but we have to get it taken
care of some way. Maybe if we can work with some landscaping
peopl e i n the meantime we can come up with some i deas for noise and
beautification screening,
ITEM #12A: A REQUEST BY THE PLANNING DIRECTOR TO CONDITIONALLY
APPROVE OF THE FILE PLAN ON ONE SUBDIVISION #4: DELAY CAUSED BY
CITY CLERK TRANSITION:
Forrey: Mayor and Council this item is one of those projects that
fell through the crack when Jack was not City Clerk and I came into
the position. The last conversation with Jack, regarding agendas,
and it was at his home. There were several projects on the list,
and we got to the discussion of one Sub. #4, and Jack said schedule
that for May and that was about all we talked about. I put it on
the May 18th agenda, not realizing that the developer, Max
Boesiger, had submitted it and it had been in City Hall for quite
some time and probably could have been on tonights agenda. I sent
out the packet for agency comments thinking it would be on the May
18th agenda, and asked them to have comments back to me by this
Friday, May 6. That would give me adequate time then to put
packets together and get it into the mail slots and get ready for
the next council meeting. I think, in this case, where the
developer and the applicant, Max Boesiger, made the right moves,
and got everything in on time, but then Jack was ill and I was in
transition. It is one that just slipped through the cracks. To
expedite that and in all fairness to him, I think this is a case
where maybe I would ask the Council to approve the final plat,
subject to meeting all the conditions that these agencies,
including the City Engineer would provide by this Friday. If there
is something there that is unworkable, I think Max is willing to
maybe bring it back on the May 18th agenda, but if it is routine,
and this is a 4th phase of a good subdivision, maybe this could
help him expedite and clean up one of those things that fell
through the cracks. That is why it is on the agenda.
Kingsford: Any questions for Mr. Forrey?
Max Boesiger: I live at 1399 E. Monterey Drive. I hope this
doesn't come across as any kind of criticism of Jack, I realize
that he was doing the work of two men right up until the end and I
know that things 1 i ke th i s happen . But we are i n a s i tuat i on where
we have sold every single lot that we have in Crystal Springs, in
fact, we have been in that situation for two months now. We have
MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 33
•
had our working drawings submitted to the City Engineer for, I
guess, it has been for 7 or 8 weeks now. We haven't got those back
yet. We've never has this kind of service from the City of
Meridian before. I realize that things are really busy and I
appreciate that, but all I am really asking is that we get the same
kind of. treatment that our competitors would get and most of them
are getting theirs back. We were told by Jack that we would be on
tonights agenda. I recognize that the message didn't get all the
way through the process. But if you will allow this to happen, it
would really help us. It is just killing us out there. we've got
people going to our competitors subdivisions and people. that are
going to other cities, because we haven't got product to offer
them. Like Wayne brought out, it is just the final phase of what's
been a good project. There's no controversy. It is just a
procedural matter. If you could give your approval of the final
plat of this, then we can expedite getting the comments from all
the different agencies. And I'd really appreciate your cooperation
on this. Do you have any questions for me?
Eng. Smith: We got the plans on the 24th of April or March. As we
get the plans on any of these subdivisions we have a priority list
that we try to locate them on and as they come in they go on the
list and we work from the top to the bottom the bottom being the
most recent submittals. So we try to treat everybody the same. It
has been slow. There fs no doubt about it. But this is as fast as
we can go. We are short on staff and are putting in one extra week
per month.
Boesiger: I didn't intend any criticism. I just wanted to know
where you were at with the plans.
Eng. Smith: We will have them ready tomorrow, if we stay tonight.
Boesiger: Make it the day after if you don't stay the night. This
is probably not the forum to bring this out. I don't know when the
forum would be, but it would be a good thing to bring out now that
you're all here. I think that we are in a situation that is
probably is going to get worse before it gets better as far as the
load on your staff, and I also recognize that they're all doing the
work of, each one of them is doing the work of two men. It is hard
for them to keep up. There i s no way they can keep up with the
business they have now and the business that they are going to be
getting in the near future. I recommend that you look very
seriously, in the most expeditious way that you can, into hiring
engineering consultants, where they getting them from one of the
MERIDIAN CITY COUNCIL
MAY 4, 1993
PAGE 34
•
engineering firms in the county to help out with this work. I
don't think there is a developer anywhere that wouldn't pay any
extra cost that it might take to do that. If it costs a little
more to go to an outside source for inspections or for plan review
or whatever. I would certainly would be willing to pay whatever
the additional cost would be because it is worth much more than
that to me to have my lots come on in a timely manner. So I would
really strongly suggest that you do that, and do it soon. It is
again is something you can do upon demand. If you don't need it
you don't have to have it. You don't have to hire someone
additional on force. If in 9 months things start slowing down, you
just don't hire them as much. I recommend you do that because it
is going to get worse before it gets better. Rather than hiring
and training somebody and then finding out you don't have enough
work to keep them busy in 9 months or a year or whatever, then you
wouldn't have to go through that.
Kingsford: I have authorized Gary to hire another person. He is
looking around for that. Our concern for that is, Max, that
although on the surface it looks like a good thing and we like to
use contract labor where it is appropriate. I have some concern
that we have some outside sources that are also out there
developing lots and approving the lots and so i have some real
concerns for that. I would like for Gary to have a little tighter
control than that. If he is comfortable with some of those people,
that is fine, but he and I have discussed adding additional staff.
We'll crank them out. We've been getting those plans out. Kuna
has some problems, but I will tell you, we have a whole lot more
than Kuna has, and we wi 11 probably continue to do that . But we're
going to do it our way, and have some controls on it. Council do
you have any problems with the request in regard to that?
Giesler: Are there any legal problems with handling it in this
manner.
Kingsford: We can make additional approvals we have. There is no
requirement for public hearing.
Mr. Forrey: The only problem I am aware of is to allow agencies
enough time to get comments back to the City to distribute to the
Planning and Zoning or to the City Council. I have given them
enough time as of this Friday. It is just that the council meeting
was Tuesday and Friday and it was just one of those things. After
Jack and I met, I thought, well lets put this on the 18th. I
didn't know that it had been in the hopper for some time here in
~~
MERIDIAN CITY COUNCIL
MAY 14, 1993
PAGE 35
the City. I should have gotten those comment sheets out a little
sooner. So it was really my fault. It was one of those things,
I apologize, Max.
Kingsford: Is it your desire to approve that conditionally.
The Motion was made by Giesler and seconded by Yerrington to
approve of One Subdivision #4 final plat, conditioned upon approval
of the City Engineer and appropriate agencies with appropriate time
to respond.
Motion Carried: All yea.
Eng. Smith: I have a question in regard to Mr. Boesiger's comment.
It sticks in my mind, not upon any basis, but are we quicker in
processing plats than Ada County or Boise, even as it stands now.
Boesiger: We haven't had time to check that out. My suspicion is
that you are accurate. At least in the past we gotten a faster
turn around here than they have with the competition. And I expect
that is still appropriate.
Giesler: Maybe it is time to put a moratorium on it, and then
maybe we can handle it.
Bob: I hope that Gary doesn't take that the wrong way, because
Gary is down here on week-ends, Saturdays and Sundays and he is
doing a terrific job and staff. I hope he doesn't take this the
wrong.
Kingsford: I have talked to Gary several times and I feel bad
every time I drive by this building and find you in here on
Saturday and Sunday and late evenings. You certainly don't have to
do that to satisfy me. I appreciate your work.
Eng. Smith: I just want to thank you all for your support. It is
my own stupid fault for working so much.
Kingsford: You are conscientious and you can't help that, and I
appreciate it.
Corrie: It was encouraging to hear a developer say he was willing
to pay for something. Since I have a couple or three things in
mind that might do that.
Kingsford: Have need for an executive session discuss land
acquisition phase II, downtown project.
.~
i
MERIDIAN CITY COUNCIL MEETING
MAY 4, 1993
- EXECUTIVE SESSION MINUTES -
Land Acquisition -Downtown Development Phase two
City Council members met and reviewed the property at 121 East Pine Street owned by
Mr. and Mrs. David Amick.
Wayne Forrey, City Clerk presented the appraisal reports and documentation concerning
fair market value and acceptance of the initial appraisal report by the owners. After
discussing the advantages and disasvantages of this parcel and the downtown parking
situation, the council agreed to purchase this property for community parking using
approved Idaho Community Development Block Grant finding.
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MERIDIAN CITY COUNCII. MEETING
MAY 4, 1993
- EXECUTIVE SESSION NIINUTES -
Land Acquisition -Downtown Development Phase two
City Council members met and reviewed the property at 121 East Pine Street owned by
Mr. and Mrs. David Amick.
Wayne Forrey, City Clerk presented the appraisal reports and documentation concerning
fair market value and acceptance of the initial appraisal report by the owners. After
discussing the advantages and disasvantages of this parcel and the downtown parking
situation, the council agreed to purchase this property for community parking using
approved Idaho Community Development Block Grant funding.
~"s ~1
,~'~
• •
BEFORE THE MERIDIAN CITY COUNCIL
APPLICATION OF GLENN L. JOHNSON AND LIBERTY HOMES OF IDAHO
FOR A VARIANCE FROM THE CUL-DE-SAC MAXIMUM
BLOCK LENGTH REQUIREMENTS
FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for
consideration on April 20, 1993, at approximately 7:30 o'clock p.m.
on said date, at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and the City Council having heard and taken oral
testimony, the City Council of the City of Meridian makes the
following:
FINDINGS OF FACT
1. That notice of the public hearing on the variance was
published for two consecutive weeks prior to the scheduled hearing
for April 20, 1993, the first publication of which was fifteen (15 )
days prior to said hearing; that the matter was duly considered at
the April 20, 1993, hearing; that copies of all notices were
available to newspaper, radio and television stations.
2. That notice of public hearing is required to be sent to
property owners within 300 feet of the external boundaries of the
land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-
9-612 B. l.b. of the Revised and Compiled Ordinances of the City of
Meridian; that this requirement has been met.
3. That Ordinance 11-9-605 B 6., STREETS, requires that a
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1
,r
• •
street that ends in a cul-de-sac or dead end shall be no longer
than four hundred fifty feet.
4. That the Applicant has requested that he be granted a
variance from the above cul-de-sac requirement and be allowed to
exceed the maximum length of cul-de-sacs on Running Brook Way in
Running Brook Estates Subdivision and have a cul-de-sac length of
710 feet.
5. The entire property in question is described in the
subdivision application and is incorporated herein as if set forth
in full .
6. That the property is zoned R-4 Residential.
7. That the Applicant states that the special conditions and
circumstances which are peculiar to the land involved and which are
not applicable to other lands in the same district is:
"...; the north [south] end of the property, which is the
furthest point from available street access, is very narrow
and is not conducive in providing sufficient space for
multiple street accesses."
8. In answer to the question in the Application form, "Why
will the granting of this Variance not confer on you any special
privilege that is denied by this Ordinance to other lands, in
the same district?" the Applicant states as follows:
"...; no additional lots nor any other advantages will be
realized by this granting, it only makes this property
developable within the R-4 zone and conforms with the
Comprehensive Plan."
9. In answer to the question what special conditions and
circumstances exist that were not a result of the developer's
actions, the Applicant states as follows:
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page Z
• •
"...; a secondary access was proposed within the prescribed
maximum cul-de-sac lengths, however, local residents requested
that this access be eliminated for their benefit and a more
expensive and land consuming alternate access be provided."
10. That the Applicant owns the property.
11. That no person appeared at the hearing objecting to the
variance application, and no other testimony was taken.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
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 Section 11-2-419 of the Zoning Ordinance and pursuant to Section
11-9-612 of the Development Ordinances.
3. That the City Council has judged this application by the
guidelines, standards, criteria, and policies contained in the
Subdivision and Development Ordinance and upon the record submitted
to it and the things upon which it may take judicial notice.
4. That the Council may take judicial notice of its own
proceedings, those of the Commission, governmental statutes,
ordinances, and policies, and of actual conditions existing within
the City and the State.
5. That it is concluded that the narrowness of this
particular parcel of property in the south end is a physical
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3
• •
feature over which the Applicant had no control; that the desires
of neighbors to the east to restrict access for this subdivision
through their subdivision is a factor this Applicant had no control
over.
6. That the following provision of Section 11-9-612 A. 1.,
of the Zoning Ordinance is noted which is pertinent to the
Application:
11-9-612 A. 1. PURPOSE
The Council, as a result of unique circumstances ( such as
topographic - physical limitations or a planned unit
development), may grant variances from the provisions of
this Ordinance on a finding that undue hardship results
from the strict compliance with specific provisions or
requirements of the Ordinance or that application of such
provision or requirement is impracticable.
7. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are as
follows:
11-9-612 A. 2., FINDINGS
No variance shall be favorably acted upon by the Council
unless there is a finding, as a result of a public
hearing, that all of the following exist:
a. That there are such special circumstances or
conditions affecting the property that the strict
application of the provisions of this Ordinance
would clearly be impracticable or unreasonable; in
such cases, the subdivider shall first state his
reasons in writing as to the specific provision or
requirement involved;
b. That the strict compliance with the requirements of
this Ordinance would result in extraordinary
hardship to the subdivider because of unusual
topography, other physical conditions or other such
conditions which are not self-inflicted, or that
these conditions would result in inhibiting the
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4
•
achievement of the objectives of this Ordinance;
c. That the granting of the specified variance will
not be detrimental to the public welfare or
injurious to other property in the area in which
the property is situated;
d. That such variance will not violate the provisions
of the Idaho Code; and
e. That such variance will not have the effect of
nullifying the interest and purpose of this
Ordinance and the Comprehensive Development Plan.
8. That there does appear to be a specific benefit or
profit, economic gain or convenience to the Applicant, but the
Applicant had no control over such; further it does not appear the
Applicant was able to design the subdivision around the physical
limitations of the property; that it would be in the best interest
of the City to grant the variance.
9. That regarding Section 11-9-612 A. 2. it is specifically
concluded as follows:
a. That there are special circumstances or conditions
affecting the property such that the strict
application of the provisions of the cul-de-sac
street Ordinance would clearly be unreasonable.
b. That strict compliance with the requirements of the
cul-de-sac street Ordinance would result in
extraordinary hardship to the applicant as a result
of factors not self-inflicted.
c. That the granting of a variance would not be
detrimental to the public's welfare or injurious to
other property in the area in which the property is
situated.
d. That the variance would not have the effect of
altering the interests and purposes of the cul-de-
sac Subdivision and Development Ordinance or the
Meridian Comprehensive Plan.
10. That it is concluded the Application for a variance
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5
.`
•~
should be approved.
t
11. That as a condition of granting this variance Applicant
shall place fire hydrants in the cul-de-sac as directed as directed
by the City of Meridian Water Department Superintendent.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of tiie City of Meridian does hereby approve
these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN YERRINGTON
COUNCILMAN GIESLER
COUNCILMAN CORRIE
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
DECISION
VOTED y ~ ~
VOTED
VOTED (~_J~IL_
VOTED ~0~.
VOTEDK
That it is decided the Application is approved as to the cul-
de-sac on Running .Brook Way.
APPROVED: DISAPPROVED:
r~ y~ ~~t3
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FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6