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HomeMy WebLinkAboutFranklin Condominiums* ,~„ ~av~cl S 1 Meridian City Hall Regular Meeting called to order by Mayor Joseph L. Glaisyer at 7:30 P.M. it 19, 1982 Councilmen Present: Grant P. Kingsford; Bill Brewer; dick Orton Jr.; Ronald Tolsma Others Present: Doug Nichols; Vern Schoen; Earl Ward; Kenneth Marler; Richard Westcott; Dorothy Rule; Dean Rule; Phyllis Musgrove; Lorna McDonald; Danny Green; A. Bruce '~cDonald; Annette C. Hinrichs; Bruce Stuart.; Roger !delker; Robert Keith Boyd; Diane Walstrom; Tom Marks; Gary Smith; Moe Alidjani; Helen Alidjani; Ruth Johnson; Ray Sotero; Coenraad Abas; Gail & Joseph Youmans; Annabelle Youmans; Don Youmans; Bonnie Birch; Quentin Cravens; Marnell Chenowith Minutes of the previous meeting held April 5, 1982 vrere approved as written. Item 1 Annette Hinrichs - Planning and Zoning Commission Chairwoman Annette Hinrichs presented the Mayor and Council the proposed draft of the Subdivision and Development Ordinance and the Zoning and Development Ordinance. Hinrichs: "The cover of the Subdivision Ordinance has been printed on the back of the Zoning Ordinance by mistake and the index of the Subdivision and Development Ordinance has been misplaced in the middle of the maps. 1~de (The P&Z Commission) voted at our last meeting to submit this Zoning & Subdivision Development Ordinance to you as corrected." -City Clerk: "The corrections have been made to each draft presented and it stands approved as it's corrected," Hinrichs: "Each member should receive a copy of the corrections made. Page 43 to meet the objection to residents in the area on Old Town, we have changed the wording, which hasn't really changed the intent of what we wanted to do. l~!e changed the name of CBD, Central Business District, to OT, Old Town. On the Zoning schedule of Use Control you will find some uses marked on each use, because Old Town is a mixed use area as it has been designated in the Comprehensive Plan. So, there is no change there at all - it has always been a mixed use area. The changes we have made have just made it a little bit clearer. Then on page 52, which is a zoning schedule of Bulk and Coverage Control, CBD has been changed to OT and vre have a general vaording in there to check each District, whichever control for use they are requesting. Otherwise, the Ordinance is yours and it is all done." Mayor Glaisyer: "Thank you, very, very much. I know you have worked very hard on this and you have done an exceptionally good job. We certainly appreciate it - Thank you again." Item 2 Franklin Condominiums - Final Plat Dan Green, Potter and Associates, Inc., was present to request approval of the Final Plat for Franklin Condominiums. Green: "To my knowledge every condition has been met. Irle-will go to the Ada County Highway District for signature." Earl Ward, Wastewater, stated that the covenants had not specifically stated about the utility services. Orton stated the Council .had required separate water services and that had been covered. They had not required separate sewer service because of the separate water service.. Covenants were reviewed. Bruce Stuart stated he had not received the Final Plat. Councilman Kingsford questioned easement for utility service. Ward stated that the easement in a common area would be covered in the Association and read from the covenants "including the utility lines area of access to any automobiles, etC." J Meridian Ci~Hall Paae 2 Item 2 (Cont'd) Franklin Condominiums - Final Plat ........... The Mayor thought this was adequate. C~ April_ 19, 1982 The Motion was made by Orton and seconded by Brewer that the Council accept the Final Plat of Franklin Condominiums. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea Item 3 Catherine Park - Final Plat Dan Green, Potter & Associates, Inc., and owner Tom Marks were present to request approval of Catherine Park Subdivision Final Plat. Plat was displayed. Councilman Orton: "On the second page there is a temporary easement on the culdesac shown, what kind of easement do you have?" Marks: "We have a verbal easement and it is being put in writing." It was determined that it is not a public easement and on a private lane. Marks stated that there would be an easement to go all the way through to I~lashington Street and this was a temporary culdesac util Washington does go through. l e temporary easement could be recorded in the name of the Homeowner's Associat~un or the owner, then the plat would not have to be amended. Councilman Kingsford requested that the utilities easement across the Crow property be left open to the City as a guarantee of access. Marks stated that had been anticipated. There was discussion concerning suggestions. and final approval of Public Works. (Tape on file) Fire Chief Welker requested that the Fire hydrant placement be on the cornr~r curb so it would be accessable from both directions. Designation was made on Plrt. Councilman Brewer requested tha Marks stress in the covenants that the pro~,erty owners are responsible for the parking. Parking to be off-street, making 1t possible for fire and police protection. brewer stressed this importance of controlling the no parking and suggested this may be written in the property owners fire insurance. Department Heads reported that they did not have sufficient time to review the Catherine Park Final Plat. Engineer Smith stated he would desire to review the Plat. The Motion was made by Orton and seconded by Brewer to table Catherine Par•!< Subdivision Final Plat. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea ' Item 4 Hearing - Brooklawn Farm Estates Annexation Dean Rule was present representing Beth Biddick in the request for Annexation of Brooklawn Farm Estates Annexation located on the South East corner of Pine and Linder. "Rule presented the Mayor and Council with a ,copy of U.S. News and World Report, Apri 1 12, 1982 featuring .the quality, benefits and popularity of T.he I~iobi 1 e Flome. ri dian Ci t_v Hal l Agenda ~ 1 I tuber Meeting called to order by Mayor Joseph L. Glaisyer at 7:30 P.M. Councilmen Present: Richard Williams; Grant Kingsford; Bill Brewer; Rick Orton Jr. Others Prewent: Earl Ward; Roger Welker; Gary Smith; Vern Schoen; Bruce Stuart; Jim Potter; Ray Sotero; Coenraad Abas; Kathy Williams; Steve Grattvn. Minutes of the previous meeting held September 21, 1981 approved as read. Franklin Condominium - Jim Kane dba Valley Contractors Jim .Potter, Potter and Associates, was present to represent the proposal of converting a 4-Plex, located Block 5, Lot 11, Franklin Square to Condominiums. Certified Mailing and Notice of Public Hearings were initiated in June, 1981. Proposal was tabled August 3, 1.981 and then deferred to September 21 and present meeting. Potter: "The Plat of Franklin Condo's was tabled for negotiations with F1r. Schoen, .Bldg. Inspector, regarding modifications to the structure." (Potter displayed drawings of the existing structure and explained modifications) Tape on file. "We see no problem with complying with the review comments from City Engineer Gary Smith, as far as complying with State Law. I question v! item number 3 which indicates we ought to identify with space with unit (parking), normally that's held in common". Smith, City Engineer: "This should be .shown on the declaration." Schoen, Bldg. Inspector: "This is one of the better four-plexes and T think one that can be accepted." Mayor: "Questions from the Council?" Rick Orton: "The last time we talked the big question was in regard~to the variance ,' to the code - extending the wall through the roof? Potter: "Yes" Orton: "So this get's over that problem -with complying?" Potter: "Yes" Kingsford: "Was there some question about the floor being common as well?" Potter: "The crawl space- Yes it is." Williams: "The hook-up problems have been resolved?" Potter: "There are individual hookups." Williams: "Sewer?" Potter: ~ "Yes" Stuart, Public Works.".Some of them I checked but I can't remember what I found out. Some of those are not - with the sprinkler system, there are only two meters' in to- gether." Hotter: ''I talked to the plumbing Contractor and of course Jim Kane himself, and they have assured me that they were all separate."' Stuart: "They may have hooked the sprinkler system to two of them - r~ithout a check valve,could be cross connected." Potter: "That certainly can be corrected if that's the cas,e." Ward, Wastewater Sup't.: "Did you decide on a common interim for the sewer?" Potter: "That will be covered in the restrictive covenants". Orton: "What action does this (Proposal) require?" Mayor: "Approve the conversion I think." Potter: "This was sent to you with the recommendation to deny until the Codes were net" _ Orton: "Your next step would be to get a building permit approved?" Potter: "Correct" Schoen;,, "Re-Platting" Orton• •;"I see, you need the final plat to come through" Potter:: `,"And protective covenants--you will have a chance to review those, plus. his declaration in sales material."~ Williams:; "Which comes first - the approval to go ahead and have thia brought fgrward:as final plat or for construction to start." Potter:" "I think we would prefer to have the Preliminary and be able to proceed with Final platting." attorney Crookston: "'I think you have to have your plat first." i; ~{ ~. t €. R, _~'; T _ ~ .__ _ . _----- ---_ -- ---- - .- - - ' +, r. . . ,y,-.~• -"` .: ~ y .,n `"~: y.. r ~ ~ ~ .: ~ ~~ • ~ Meridian City Hall .2. October 5, 1981 ' Agenda 1 (Cont'd} Franklin Condo's...... Mayor Glaisyer: "If you don't have anything further go ahead with your platting." Potter: "Do we need action since we are appealing Planning and Zoning decision - their conditional recommendations?" "We would like some evidence of approval before we goon." Williams: "There's no recommendation of denial though - all they said was recommending denial until project was brought into compliance with the City Codes. So, if you bring it into compliance with the City Code that would let it go through,." Potter: "Fine, if you':are satisfied." Orton: "Vern do you have anymore questions about this?" Schoen: (Indicates no) Potter leaves the chamber at this time. Agend Wayne Forrey, J-U-B Engineers, Inc., was present to bring the Council up to date 2 ' on the HUD Grant that the City has received. Forrey presented a pamphlet entitled CITY OF MERIDIAN COMMUNITY DEVELOPMENT BLOCK GRANT U.S. DEPT. OF HOUSING AND URBAN DEVELOPMENT. SERVICE LINE REHABILITATION PROJECT GRANT N0. B-81-DN-16-0001 September 1981. Forrey questioned if the Council thought this pamphlet was adequate to describe the project. He stated that he had rewritten the pamphlet so that it would not be too technical. Forrey: "We are going to have each of the homeowners to sign a form stipulating that the contractor can enter upon his property and perform the work. I don't know exactly the liability and how that is going to fall into place - if they would want to sign a release to the City of any liability and put it on the shoulders of the contractor -and when we get to that stage we should sit down with the City Attorney and work those kind of things. out." Councilman Orton: "I would prefer to see us avoid that liability - that we owe a $500 rose bush, etc. In my opinion it would be much better to find a way to have the individuals do the actual contracting with the contractor." Forrey: "We discussed that briefly at the last Council meeting, among the Council, and I think we pretty much realized that one contractor would be cost saving. But we can change the approach at any time. I'm not so sure it would help from a liability standpoint - it would add cost to administration going that way." Mayor: "The contractor will have to provide liability to the City" Forrey: "Yes, a licensed public works contractor. That is your normal procedure." Any other input from the Council on that?" Kingsford: "This is basically what we went over with you last time?" Forrey indicates yes. Williams: "P9y question is, do we even need to reference the City Ordinance on the .discharge of ground water. I don't want to sound we're using that like a hammer over their heads." (referring to pamplet on file with these minutes) . Forrey: "It might be a little heavy handed." Williams: "What we want to do is correct the problem but I don't want to say "if you don°t do this we may impose a fee on you" because I don't think that is the intent of the City." Brewer: "Why could it not be mentioned "but not hold a liability" in there?" "I think we should address the problem." Williams: "The volume of ground water is the reason we're doing this." Mayor: "You may go back in a year and charge people if their not going to clean them up - if we can't keep infilitration down." Williams: "We11,I guess we can leave that in there (pamphlet) as an "out" if we• get a low response from people." Forrey: "Does your ordinance file an imposition of a fee? If it's determined that they have a problem?" i• Crookston, Attorney: "I can't recall at this time." Forrey: "I will give you a call tomorrow - this is just a draft form and I would like to get the answer before we print it up.~~ What I would like to do is send this pamphlet through the mail to each of those residents, about 70 that we know have a leaky service line but we don't know if their low-moderate income. But reading this we can always follow up with them and determine that." Forrey presented the Mayor and Council a brief form that could be used for these residents to certify that their 1981 combined family income will be no greater than $20,800.00. (On file with these minutes) Forrey: "This form might be acceptable and they may be willing to sign it. If k: ~'. ~• ~- _.._ ., u ,: ~' ~n * ~~ Meridian Ci Hall September 21, 1981 Regular Meeting called to order by Mayor Joseph L. Glaisyer at 7:30 P.M. o~ Councilmen, Preset: Richard C. Williams;Grant Kingsford; Bill Brewer Rick Orton Jr., Absent Others Present: James B. Barham; Tom Marks; Roger Welker; Bruce Stuart; Vern Schoen; Mark Grindstaff; John R. Ewing; Nancy Ewing; John Krisbuck; Donna Day; Dave Nichols; Art Collins; Sara and Ray Ewing; Erv Oeln; Earl War; Wayne Crookston, Jr. Doug Nichols Minutes of the previous meeting approved as read. , Agenda MERIDIAN OPTIMIST JUNIOR RIFLE CLUB INDOOR RAPaGE HEARING FOR CONDITIONAL USE 1 James B. Barham was present to represent the Meridian Optimist Junior Rifle Club and their request to install a indoor rifle range in the old Idaho Power Sub Station located at 536 East Bower. P~layor Glaisyer: "Public Hearing is open." "The Council is aware of this request, are there any .questions?" No response "Vern, (Bldg. Inspector) do you have any comments?" Schoen: "None other than just the remodeling ." ,Mayor: "This is a Public Hearing, is there anyone from the audience that wishes to make a statement or a comment concerning the Optimist Junior Rifle Range?" There was no response. "Public Hearing Closed." The Motion was made by Williams and seconded by Kingsford that the Optimist Junior Rifle Club be granted a Conditional Use for an Indoor Rifle Range to be located at 536 East Bower and as proposed." Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea Agenda 2 FRANKLIN CONDOMINIUMS - No representation Agenda 3 JOHN EWING AND MARK GRINDSTAFF - 6 PLEX PROPOSAL - NE Corner of W. 2nd ~ W. Idaho John Ewing spoke representing the 6 plex proposal. Maps, diagrams and site~~design pictures were put on display. .:• Ewing explained the neighboring home and a volunteer poll of the neighborhood concerning their feeling for this project. Ewing: "We have met all the setbacks and parking requirements and everything we need to do to meet the City Codes. 4Je have tried to make this a very presentable project using stucco, wood and stone and a lot of landscaping which will enhance the neighborhood." "Concerning the density problem, Mark has worked on that" ~~ Grindstaff: We think the density isn t too great for the area, providing parking space, a large amount of landscaping There is a possibility that the Ada County Highway District may abandon a portion of West Idaho Street due to the fa_ct_that they .only need a 60 foot right-of-way instead of an 80 foot right-of-way that is set forth now." , Ewing: It is quite important that with the money situation now that we go to a six p1exllto get the return on our money. As to our comments from the Meridian Fire Department, we have talked with the Fire Chief Roger Welker and we feel that we can solve all the problems with him - so I don't think we have any problem with them at all." Mayor: "Questions from the Council?" Brewer: "I think these people have done a remarkable job putting this project together" ~~ ~J ~/~i1G ridian City Hale .2.' September 8, 1981 ends ~; `:' 3 Franklin Condominiums- Dererred to September 21, 1981 aen 4 Pre-termination Hearing.- Water/Sewer/Trash Delinquencies Mayor Glaisyer: "This is to inform you that you have a right to a pretermination hearing September 8, 1981 before the Mayor and Council, to appear in person to be judged on fact~•and defend the claim made by the City that your water, sewer and trash bill is delinquent, you may retain counsel. This service will be discontinued -Sept. 15, 1.981 unless payment is received in full." ' "Is-there anyone in presence that wishes to have a pre-termination hearing?" There was- no response. Councilman Wil~l;i~~ms inquired if a resident had satisfied an easement granted by the Counci•1 several months ago. It was the feeling of the Mayor and City Clerk that this had been satisfied. - The Motion was made by Orton and seconded by Brewer that the water/sewer and trash delinquent accaunts be discontinued service as of September 15, 1981, unless paid in full. - Motion Carried: Kingsford, yea; Orton, yea; Brewer, yea; Williams, yea AgeYrda Ordinance Number 396 - Andrews Re-Zone - 223 East Idaho 5- Mayor Glaisyer~read Ordinance PJo. 396 enti~'ed: "AN ORDINANCE AMENDING AND CHANGING THE ZONTNG IN CERTAIN REAL PROPERTY DESCRIBED AS LOTS 4 AND 5, BLOCK 2, ROWANS ADDITION TO THE CITY OF MERIDIAN, ACCORDING:, TO THE OFFICIAL PLAT THEREOF, RECORDS OF ADA COUNTY, IDAHO." "This is property just East of the Post Office." Mayor: Is there anyone in th? audience that wishes to have Ordinance No. 396 read in entirety?" There was no response. "This property was rezoned from Residential to Commercial, Limi~;.ed Office." The Motion was made by Williams and seconded by Kingsford that the rules and provisions of 50-9002 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 396 as read be passed-and approved,. Motion Carried: Kingsford, yea; Brewer, yea; Williams, yea; Orton, yea Ag6nda PROCLAIMATION OF GENERAL CITY ELECTION Mayor Glaisyer read Resolution No. 79 entitled: "A RESOLUTION PROCLAIMING A GENERAL CITY ELECTION, TO BE HELD ON NOVEMBER 3RD, 1981, DESIGNATING THE POLLING PLACES, DESIGNATING THE REGISTRAR AND DEPUTY REGISTRAR, AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION. The First Precinct will be held in the City/Rura] Fire Station, 716 Meridian Street and the Second Precinct will be held at the .American Legion Ha'', 22 West Broadway." The Mayor also read Section 3 and Section ~ naming registrar's. On file with these minutes. ' The Motion was made by Kingsford and seconded by Brewer that Resolution Number 79, Proclaiming a General City Election to be held on November 3, 1981 be passed. Motion Carried:' Brewer, yea; Kingsford, yea; 'u~lliams, yea; Orton, yea Agenda 7 Ordinance Number 397 - PRECIOUS METAL DEALERS Mayor Glaisyer read Ordinance Number 397 entitled: "AN ORDINANCE AMENDING TITLE 3, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF PERIDIAN, ENTITLED BUSINESS REGULATIONS, BY THE ADOPTION OF A NEW CHAPTER 19 to Sr^•~TD TITLE 3, REGULATING PRECIOUS METAL DEALERS, PROVIDING DEFINITIONS, SPECIFY~'~C EXEMPTIONS, REQUIRING A LICENSE, REQUIRING RECORDS GF TRA!ISACT''J?JS, REQUIRI~JG THAT ARTICLES PURCHASED BE KEPT FOR TEN DAYS,•ESTABLISHING VIOLATIONS AND P"JALTIES, AND PROVIDING AN EFFECTIVE DATE." .• f , • ~~~, i ~,. ~ ~. . .2. Au ust 3, 1981 Ci t Hal l . Z (Cont'd) Ri,f1e Club..... _ • Hadfield: "It will probably be be~~~er because when weheree andnwehwoul~,'Bhavertoldg) ' we found the floor spongy, the water table was right t , • excavate afoot o~,more." Ma or Glaisyer: "Is there anybody in the audience tha$ ~1osed"to make a comment?" y ~4o response Zf no c, •cre Heart ng 'There was discussion between,the Council and Atl~bncha~reo®StlocaSioo•making a motion to best benefit the Meridian Jr. Rifle C 9 The Motion was'made by Williams and seconded by Kingsford to deny the Conditional ' Use Permit request of the Meridian n~in®~"th~~Mer~dianfJunaor~RifleaClubtto amend •located at 136 East Idaho ~iut gra g their application fora Rifle Range to a new location with the required public a..heari ngs .- ~, Motion Carried': Williams, yea; Brewer, yea, Kingsford, yea; Orton, yea Ada HEARING _ Franklin Condominiums9 Jim Kane Ua11ey Contractors Jim Potter, Potter ~ Associates, was prese~+t to request a building permit to 'conver~ a four-plex into Condominiums, presently situated on Lot 11 in Block 5 of Franklin Square. pother:. "Mr. Kane has reviewed the comments and recor~mendation of the Planning , and Zoning Corranission and '=he sketches drawn by the,Building Znspectcr and notes '}~ that the only deficiency in the building as ~.~€~st~ructed ys in the party wall from ~a. .the top of 'che second floor throh~gh ,dnof•tr°uss, He i s wi 11 i ng to make that modi fi - . cation to meet the requirements and that the project will be brought into compliance with City .Qodes. The water, sewer are all separate at the present time - everything with the exceptance of the party wa11." Earl Ward, Wastewater Sup°t: "I believe at that time they hooked two units to each service tha'c is locaved in the street, ~ wi11 go back and check this as I believe that has note the orac:tice at that time o°' service." Patter: '°He (Kane) says he.w~ll bring into compliance.'' It's his believe that this .(Party wall) is the only deficiency. Kingsford: "On this drawing it looks like that the fire welts through the floor need tp be modified. Is this true?" Pother: °'No, he says the s"ire watt through the floor is in accordance with this sketch. ~t°s strictly in the ,truss, the roof truss." . Orton: "we are referring tp thi,s~~sketch."(Ver~^ 5choen's sketch is displayed) Kingsford: '°The fire watt through the flo®r." Potter ® "I'. haven't ;1 obked at i t mysel ~4,~a Th~`,cl rent ~ i s ~,say~i ng ,that he wool d ~ work with U~rng'that the structure was with a crawl sgace - the truss area is the only deficiencym He said he vao,uld work with Uern to insure it was in compliance." Orton: ,°'You can live with the recommendation of Planning and Zoning?" . Potter: '°'Yese it would not. be approved unless all conditions were met." ward: "The Code stipulates that no building sewer wilt cross a~:otherr~pr®pe~+ty gwner ~~ without an expressed permission ~ an easement." ~` potter; "If that exists we wi11 have to have an easement or a Homeowners Association, we can work that oat." w Williams: "The same with water too°' Kingsford: "You have a copy:of our~condomlh+~um ordinance?" Mayor Glai.syer:'.°Any comments from the Council?" No response °Any. comments 'from the Pub1 ic?°' Igo response `°If not, the.- baring is c~~~ed" , The, Motion. was made by Orion a~td seconded by Brewer that~.th®y ~co,nfer wi th~~~the ~ r~e'commend- ations of Planning and Zonia~g. , Queue Orton: "This request be denied until project is brought in compliance with 1 Item 12-C and al l' other regcai~ements of ;he City Codes . " . ~_ " ... _ _ h -._. __-.. _ _P. 1! • F I ~,. .y 3 M, 1 idian City call nda 3 (Cont'd) Condo,'~a...•. #~ Agen a 4 uesti®n Williams: "I would think under this motion we have circular logic - they cannot; bring the project into compliance until we approve it. Right now it is not in compliance with the Code but they can't bring it into compliance unti l we-allow them to obtain the building permits to go through the motion." ~~ Attorney Crookston:. "They can get a building permit to improve their housing. Williams: "0. K., so then they come back to us?" Crookston: (Indicates yes) "Just like you do an addition to your house, or bringing a garage into a room." Mayor Glaisyer: "Any problems with that Jim?" Potter: "No>,.T believe he understands that" Question Kingsford: "This is a public hearing, do we continue the public hearing until such time as they do bring it back to us?" Crookston: "The Public Hearing for-this particular action. If you deny it, he has got to come back. .You probably could table it and he can come back when he needs it and then you have another report by the Building Inspector." a ~~:. Brewer:`"I recall the second." Orton: "I recall the motion." uestiob~ Williams: Mr. Mayor, we should not have to table this because of setting a definite time." Crookston: "You should seta definite time." There was discussion concerning the time frame of structure change .or plans approved. The Moti®n was made by Orton and seconded by Kingsford to table the request of Jim Kane, Valley Contractors, to convert a four=plea to condominiums until the regular Co+.!nci 1 aneeti ng to be hel d September 8-th , 1981. Motion Carried: Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea NEARING - Country Terrace No. 2 Replat & Vacate 20 foot Easement in Calderwood Street Jb~n Carter for the'Hosac Brothers ,was present to represent Country Terrace No. 2 Replat. . Carter: "About a year ago at the request of the City of Meridian, we made some changes along Country Terrace Way within the Subdivision. This was done by exchanging deeds with the property owners and the Ada County Highway District. These deeds have C't En ineer Since that time have run into a problem Mayor Glaisyer: "Hearing is now open" been reviewed by the Meridian 1 y 9 .with the County Zoning people and they said~the best way to do this is not by deed but to do it by plat - and we can't do a short p1 at on it under their platting procedure, so we have to go with a full blown subdivision p1 at. This amounts to reaffirming what has been done by deeds in the past. That is basically what this plat is.-'a re-drafting of Country Terrace with the road straightened out as has•been done by the deeds." Carter displayed plat and pointed out changes of Country Terrace Way and Calderwood St. Mayor Glaisyer: "Are there any comments from the public?" _ Robert "Bob" Chapin: "May I see the plat?" Mayor instructed Chapin to come forward to view the plat. Al Capau1: "I have some maps of Meridian (displayed) and when this was originally platted there was a culdesac with a golf cart lane between (Country Terrace and Meridian. Greens) and the Council made them change it for a road. I have one question, these are all maps of Meri~i'an, why vae~°on't more (culdesac's; made to go through far fire trucks and emergency vehicles." Mayor Glaisyer: "Well for instance on this one, they have other accesses." Ca,paul: "The reason they are changing this is you say the emerge=rcy vehicles could 'make a wrong turn,have to come back around in here before getting into here (Meridian Greens:). What happens here?(refers to maps displayed." Mayor: "I don't know what the distance is on that map but a culdesac has to be a certain distance - maximum distance - and also a certain width for a fire truck turn-around. You didn t have the access to and from.." . -_ ._ --- _. . ~:; ;. a ~. , n U .3. r~ st 3, 1981 ~ . Planning & Zoning .3. July 13, 19$1 Agenda 3 (Cont'd) Andrews: "The only reason I thought about retail is that somebody else had asked me if they could put a beauty shop in there." Hinrichs: "Are there any comments from the public for this rezone request?" Jim Potter: "I support the applicants request, I own the property across the alley and slightly to the east and I believe that is the proper zoning for all of that." Hinrichs: "Since there are no further comments the Hearing is closed." The Motion was made by Spencer and seconded by Sharp that the Commission recommend approval to the Council of the rezone to "C" Limited Office for 223 East Idaho. Motion Carried: All yea Agenda ~EPLAT 4 preliminary Plat - Country Terrace Subdivision No. 2 Steve Hosac:id John Carter were present to request the replatting of Lots 1 through 7, 12,`and 13 of Block 1, Lot 1 of Block 3 and a portion of Country Terrace Way No. 2 Steve Hosac explained to the Commission in detail why the requirement was placed to extend the road into future proposed Meridian Greens. Hosac displayed the original Subdivision Plat and. the Replat map. Hosac: "All of this right-of-way exchange has been done by deed" ' "The reason we are here today with this application is that everything that was .done was done by deed - the right-of-way exchange, the excepting off of the rear most cart of the lots and so forth." ' Tape and all maps on file in City Glerks Off ice, P1er4dian City Hall. The Motion was made by Lee Mitchell and seconded by Don Sharp that the Commission recommend approval to the City Council of the Preliminary Replat of Country Terrace Subdivision Number 2, replatting of Lots 1 through 7, 12 and 13 of Block 1, Lot 1 of Block 3 and a Portion of Country Terrace belay. Motion Carried: A11 yea Agenda HEARING for converted Four-Plex to Condominiums - Fanklin Square 5 Jim Potter, Potter and Associates, Inc., was present representing Jim Kane, Valley Contractors. Hinrichs: "The public hearing is now open." . Potter: "Have you read the FINDINGS OF FACT?" Sharp: "I agree with Dick Williams, we live in Idaho - not New Jersey." Potter: "Unfortunately we have no case law here in Idaho." Potter: "We have an existing four-plex. At the time it was constructed it met all fire and safety and other codes for apartments. There is also a basic law that ~ has been upheld in several state courts including the U.S. District Court in New Jersey that says that you cannot impose different standards from tennant occupants '" and owner occupants. When somebody sells a home in Peridian we do not require that the home be brought up to current specifications. This is what my client is being asked to do in this case. The problem we see is this, he has been told that he .~ can convert this to two different ownerships - a cooperative ownership. Which means I get four of you together and I go down and file a cooperative papers--" Sharp: "Who told him `this?" Potter: "Building Inspector and I understand it has been done here in P~eridian. --,~ That's what is disturbing to us as that is what "Condiminium" means, ownership .'" is cooperative in this." "These units meet all fire and safety codes, whether they are tennant occupied or owner occupied there should be no difference. The only factor is that the Safety Code has changed in the last two years." Eddy: "You can't compare with a residence." Potter:. "It is a residence." Eddy: "A residence is four people, not one person." Sharp: "'I disagree with you Jim because this is not a resale of an existing lot, - --_._. _ .,. ~ a ~ `Aft ~}Y~='i ~ ~ , ~ -,~ .~, ~ ~~ ,~ M1 1~4`m ~~ l~. r ~ ~ridian Planning &Zoni .4; 3, 1981 Agenda 5 (Cont'd) Sharp: this is a Subdivision - you are in here for platting a new subdivision. I think you are in a different ballgame." Potter: "Technically you're correct, although theres question whether conversions require platting in the actual state law. There isn°t a provision to cover it." Sharp: "In my opinion it's a replat" Mitchell: "When they sell a house appraised FHA or GI you have to bring the electrical and everything else up to Code." Potter: "Electrical and Plumbing. Contrary to one of the comments made by Councilman ~dil1iams this is separately plumbed and separately wired. Four separate power meters, water meters." Spencer: "If the State can tell by State Law an electrician that goes in to do something on a house that is not up to todays Code - he must bring that up to ©ode, What about structurally? Potter: "It',s~,not structurally, basically it's fire wall. In housing that has not been required.' be brought up." Mitchell:. ",If~you mess around with your own house, you just burn yourself down ', but with this you would burn somebody else up." Potter: ®My question is this -what is the difference between four people that go down and file cooperative ownership and four people that own 1/4 of that building b descr ?" abed distances and measurements. Condominiu me ns o Y m a c o erative ownershi P p "Si~.gle ownership of airspace but cooperative ownership of the building on ' condominiums." ,. Potter: So I have been told, here in Meridian, where we have taken apartments and converted them by cooperative ownership into a multi-owner conveyance. I can see no difference in a functional aspect of a so-called cooperative ownership or a condominium; because a condominium is a cooperative ownership." Eddy: "I have to disagree with you on that, I wouldn't recommend either one of those at this point.". Mitchell: "It was build as a Four-plex intentionally:' Potter: "At the time they built it the concept of conversion was brought up and no additional stipulation were imposed upon it at that time." Mitchell: "The original intent was the future alternative of converting." Sharp: "I would beg to differ with you Mr. Potter." Potter: "This is what both the builder and the developer has told me." Sharp: "Until he tears down those storage sheds down there, I'll disagree with you" Hinrichs: "He also told us that those storage sheds would be just like 6roadbent Office Park." Potter: "No, but if we are going to allow cooperative ownership we should allow condominium conversion." Eddy: "I don't think we should allow either one." Winrichs: "Do you think there's a difference in having property to rent out tam orar t b s ?" e a is and ro e t to own li r. to ve in. p y yP p p y Potter: "You°re saying that a person that owns has more right to safety than a person than rents them?" Sharp: "So what you're saying is that we should have the right to take our homes ' and convert them into four-plexes?" ,, Potter: "No, no - they have to meet other codes. They have separate plumbing, separate entrances, electrical entrances, they meet the floor space requirements that were imposed at that time, the fire wall protection in the side walls - the only difference is in the cei-ling. The reason is that they did meet the codes that was in effect at the time they were constructed." Mitchell: "I have to agree, there shouldn°t be any safety difference between apartments or co-op's. But why do we even have a different definition, if there isn't a difference?" Potter: "There is nothing in the Idaho Law that speaks of cooperative ownership property other than the condominium,act." Mitchell: "But we do have apartment houses and we do have condominiums - I'm talking about all codes, safety, wiring, etc. - all those technically should be ". ~ the same." Spencer: "They can't have separate entrances would be the difference. If-you get ' it approved as apartments are there separate meters?" Potter: "These were :separate metered. They were purposely separated for the long A 4 ~ Meridian Plannin~& Zoning .5. Ju?fir 13, 1981 Agenda 5 (Cont'd) Potter: term potential of being converted. We are doing several in Boise right now, Boise requires if they do not meet code the statement of fact has to be placed .upon the plat." Mitchell brought up the apartments that burned so fast in Boise on Broadway. They did not have the firewall. There was more discussion concerning stringent laws place on Condominiums. (Tape on file) Potter: "There's already an air space, so you have a two hour fire wall here. At the time these were constructed a two-hour fire wall between floors was not a requirement in either tennant occupied or owner occupied." Potter: "This is a problem we have got to face, it's going to come up again and I guess our request is to resolve it." Sharp: "I still think in good faith, I will have to vote against it, that we ought to br-irt'g, this property up to code i f we are going to sal l i t - there's a difference between tennant occupied property and somebody that owns a piece of property. If I own apiece of property I would like to have it protected from something else that somebody else might do regardless of what the Code's say. I have property rights and when you do something to endanger my property because something isn't up to Code then I think my rights have been violated. So I think the future owners of that property has just as much right to have the property brought up to Code as this gentlemen has the right to try and sell the property." Potter: "Do you think that there is anybody's property rights violated on any condominium conversion? You must make full disclosure and state any codes not met with current codes. That's a state statute. The person that buys that has full disclosure and knows what, if any, codes are current standards." Mitchell: "Now many really read the fine print and know that?" Potter: "I mean - you still have four families living there. I would say that four families that live there are going to have more of a concept of what the status of that building is, structurally, fire safety rating, etc. than four renters will - by far." Sharp: "Fora project like this, if you're going to protect property rights - and that's one of our obligations as Planning and Zoning - condominium projects really ought to be bigger than four units. I do not think that four units is sufficient size fora condominium project." There was discussion concerning common area, parking area. Tape on file Spencer: "I am going to stick with the ordinances, it's as simple as that:" Hinrichs: "Are there any more questions from the Commission?" (No response) Hinrichs: "Are there any comments from the public?" (No response) "Hearing none, the Hearing is closed" The Motion was made by Don Sharp and seconded by Bob Spencer that the Commission recommend that this request be denied until the project is brought in compliance with Item 12-C and all other requirements of the Meridian City Code. Motion Carried: Spencer, yea; Eddy, yea; Sharp, yea a Mitchell, abstained Mitchell: "I'm not against the Motion, I'm against Condo's, period." There being no other business to come before the Commission the motion was made by Mitchell and seconded by Sharp that the meeting be adjourned at 9.26.P.M. Meeting Adjourned. ATTEST: Chairman i y Clerk F~' dd,, .:.F ~. 1~~ ~~`~m e~,f.i.:t~.. M/Y~S~~~-~!~~F+b~;~'~.Y~ ~~5:.i lit. e