1998 06-16
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, JUNE 16, 1998 - 7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE
X GLENN BENTLEY X KEITH BIRD
MAYOR ROBERT CORRIE
MINUTES OF PREVIOUS MEETING HELD JUNE 2, 1998: (APPROVED)
1. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING
OF 1.8 ACRES OF TO C-G BY TOM BEVAN - 3020 W. FAIRVIEW AVENUE:
(APPROVED)
2. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT
FOR A RETAIL SHOPPING CENTER (CHELSEA SQUARE BY TOM BEVAN -
2030 W. FAIRVIEW: (APPROVE FINDINGS - APPROVE CUP WI CONDITIONS)
3. REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR A HOME DA YCARE: WENDELL & KATHLEEN
LAWRENCE - 889 N. FILLMORE WAY: (APPROVE FINDINGS - APPROVE CUP
FOR UP TO 17 CHILDREN)
4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR A SECOND BUILDING FOR A FUEL ISLAND
BY ALBERTSON'S, INC. - SOUTHWEST CORNER OF W. CHERRY LANE & TEN
MILE ROAD: (APPROVE FINDINGS - DENY CUP)
5. REQUEST FOR PRELIMINARY AND FINAL PLAT FOR 2.67 ACRES (L-O) BY
STEVEN K. RICKS FOR MIDTOWN SQUARE NO.2 FOR LAND LOCATED
SOUTH OF CHERRY LANE AND WEST OF W. 4TH STREET: (APPROVED
PRELIMINARY & FINAL PLAT)
6. TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT: (APPROVED)
7. SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT:
(APPROVED)
8. FINAL PLAT FOR SPARKLING SPRINGS SUBDIVISION BY SPARKLING
SPRINGS DEVELOPMENT CORPORATION - SOUTH OF USTICK AND WEST
OF N. MERIDIAN ROAD: (APPROVED AMENDED PLATS)
9. FINAL PLAT FOR THE LANDING SUBDIVISION NO. 10 BY A. LEON BLASER -
EAST OF LINDER ROAD AND SOUTH OF FRANKLIN ROAD: (APPROVED FINAL
PLAT SUBJECT TO CLARIFICATION FROM Sf AFF)
10.FINAL PLAT FOR ENGLEWOOD CREEK ESTATES SUBDIVISION NO.2 BY
ENGLEWOOD CREEK DEVELOPMENT CORPORATION - WEST OF N. TEN
MILE ROAD AND SOUTH OF USTICK: (APPROVED FINAL PLAT)
11. DEPARTMENT REPORTS:
A. GARY SMITH:
1. lWO PARTY AGREEMENT BETWEEN ACHD AND CITY OF MERIDIAN -
NW 8TH STREET PARKING AND DRAINAGE SYSTEM.
2. CONTRACT WITH CIVIL SURVEY CONSULTANTS FOR PUMP AND
PUMPHOUSEATWELL NO. 19. (APPROVED)
3. CONTRACT WITH CIVIL SURVEY CONSULTANTS FOR WATER & SEWER
LINES IN MERIDIAN AND FRANKLIN ROAD REBUILD. (APPROVED)
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MERIDIAN CITY COUNCIL MEETING
JUNE 16. 1998
The regular meeting of the Meridian City Council was called to order at 7:30 p.m.
on June 16, 1998 by Council President Charlie Rountree.
MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie
Rountree.
OTHERS PRESENT: John Prior, Gary Smith, Bill Musser, Brad Hawkins-Clark,
Wayne Crookston, Kenny Bowers, Tom Kuntz.
MINUTES OF PREVIOUS MEETING HELD JUNE 2, 1998:
Rountree: Is there any discussion, corrections, comments?
Bird: I make a motion that we approve the minutes from the June 2nd meeting.
Anderson: Second.
Rountree: It's moved by Councilma~ Bird seconded by Councilman Anderson to
approve the minutes of the meeting held June 2, 1998. All those in favor?
Opposed?
MOTION CARRIED: All aye.
ITEM #1: CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION
AND ZONING OF 1.8 ACRES TO C-G BY TOM BEVAN - 3020 W. FAIRVIEW
AVENUE:
Rountree: Anyone -I have someone that would like to speak to that. For
Council, this item and item #2 were continued last meeting because Mr. Bevan
wanted to have an opportunity to read the Findings of Fact and Conclusions of
Law.
Prior: Malam, would you state your name and address, spell your last name for
the record please.
Todd: My name is Cheryl Todd, my address is 1010 N. 20th Boise, 10. 83702.
CHERYL TODD WAS SWORN BY THE CITY ATTORNEY.
Todd: Good evening City Councilmen, my name is Cheryl Todd and 1111 be
representing Mr. Bevan while he's out of town. Mr. Bevan has reviewed the
changes that you suggested and he would like to request that upon his
acceptance of the recommendations that youlve changed that the City Council
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MERIDIAN CITY COlJl\ICIL
JUNE 16, 1998
PAGE 2
would go ahead and approve the annexation and zoning for the 1.8 acres located
at 2030 Fairview.
Rountree: Okay, thank you. Any questions?
Bentley: I have none.
Bird: I have none.
Rountree: This is a continuation of the public hearing, is there anyone in the
audience that wishes to speak to this item? Seeing none, is there any discussion
Council?
Bird: I have none.
Bentley: I have none.
Rountree: I'll close the hearing. What's your desire in terms of a motion for
annexation?
Bentley: I have one quick question for Gary. Gary, has everything been
answered and taken care of to your satisfaction?
Smith: Yes.
Bentley: Okay, thank you.
Bird: Mr. President, the public hearing is closed, right?
Rountree: Yes.
Bird: I move that the Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions.
Bentley: Second.
Rountree: It's been moved by Mr. Bird and seconded by Mr. Bentley to approve
the Findings of Fact and Conclusions.
ROLL CALL VOTE: Mr. Bird - yea, Mr. Bentley - yea, Mr. Anderson - yea.
MOTION CARRIED: All yea.
Rountree: Is there a recommendation?
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MERIDIAN CITY COuNCIL
JUNE 16, 1998
PAGE 3
Bird: Mr. President, I move the Meridian City Council grant the conditional use
permit requested by the applicant for the property described in the application,
however should the application be approved the applicant shall satisfy the
conditions set forth in the Findings of Fact and Conclusions of Law or similar
conditions as found justified and appropriate by the City Council and that the
property be required to meet the water and sewer requirements, the fire and life
safety codes, uniform fire code, parking requirements, the paving and
landscaping requirements and all ordinances of the City of Meridian. Conditional
use should be subject to review upon notice to the applicant by the City.
Bentley: Second.
Rountree: It was moved by Mr. Bird and seconded by Mr. Bentley to the
recommendation as read. All those in favor? Opposed?
MOTION CARRIED: All aye.
ITEM #2: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL
USE PERMIT FOR A RETAIL SHOPPING CENTER (CHELSEA SQUARE BY
TOM BEVAN - 2030 W. FAIRVIEW:
Rountree: Weill continue this public hearing, you need to be sworn -
Prior: Once again we need to have you state your name for the record.
Todd: My name is Cheryl Todd, I'm located at 1010 N. 20th Boise, 10. 83702
CHERYL TODD WAS SWORN BY THE CITY ATTORNEY.
Todd: Again for item #2, Mr. Bevan is requesting that the conditional use permit
for a retail shopping center would be approved by the City Councilmen. Are
there any questions?
Bentley: I have none.
Bird: I have none.
Rountree: Again, this is a continuation of a public hearing, anyone in the
audience wish to testify? Any discussion? I'll close the public hearing. Any
questions from staff?
Bentley: Yes. Gary, is everything in order for the CUP on this?
Smith: I believe that they have complied or they are agreeing to all of the staff
conditions so I don't have any other comments to make.
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MERIDIAN CITY COuNCIL
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PAGE 4
Bentley: Thank you.
Rountree: Any further questions?
Bentley: I have none.
Bird: I have none.
Rountree: I need a motion for action on the conditional use permit.
Bentley: Mr. President, I would move that the City of Meridian hereby adopts and
approves the Findings and Facts as presented to us for this CUP by Planning
and Zoning.
Bird: Second.
Rountree: It was moved by Mr. Bentley, seconded by Mr. Bird to approve the
Findings of Fact and Conclusions of Law for the conditional use permit.
ROLL CALL VOTE: Mr. Anderson - yea, Mr. Bentley - yea, Mr. Bird - yea.
Rountree: Is there a recommendation?
Bentley: Mr. President, the City of Meridian hereby grants a conditional use
permit requested by the applicant for the property described in the application
however the application should be approved, the applicant shall satisfy the
conditions set forth in these Findings of Fact and Conclusions of Law or similar
conditions as found justified appropriate by the City Council and that the
property be required to meet the water and sewer requirements, the fire and life
safety codes, uniform fire code, parking requirements and the paving and
landscaping requirements and all ordinances of the City of Meridian. The
conditional use should be subject to review upon notice to the applicant by the
City.
Bird: Second.
Rountree: Itls moved by Councilman Bentley, seconded by Councilman Bird to
approve the conditional use permit with conditions as stated. All those in favor?
Opposed?
MOTION CARRIED: All aye.
ITEM #3: REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW:
REQUEST FOR CONDITIONAL USE PERMIT FOR A HOME DAYCARE:
WENDELL & KATHLEEN LAWRENCE - 889 N. FILLMORE WAY:
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PAGE 5
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Rountree: Do you have those revised Findings? Are there any questions of staff
or Council on those? Do you have something more you want to add Mrs.
Lawrence?
Lawrence: Actually I just have a question. Is there an actual permit that we
receive? Just because Health and Welfare asked for it when they came out.
Rountree: Well to be honest with you since J've never asked for one, I've never
seen one so I don't know if you get a piece of paper or not, Council can you help
Prior: Kathleen all you can do is - you can take the conditional use permit and
show that you got an approval signed off and they'll give you a copy of that and
that should be fine.
Lawrence: Okay, great.
Bentley: Mr. President, I have a question for Kathleen. Have you read,
understand and agree to all of the changes and stuff in the Findings?
Lawrence: Yes.
Bentley: Okay, thank you. A question for staff, for the Planning and Zoning
Department, is everything in order on this for the changes that were
recommended?
Rountree: This is your test Brad.
Hawkins-Clark: Well the review as you know has been done by Shari and in my
four days at the office I have not had a chance to thoroughly review the file so at
this point I can simply reply that Shari did not pass on any comments to the
negative on that file.
Rountree: Thank you.
Anderson: Mr. President, I make a motion that we approve the Findings of Fact
and Conclusions of Law and that the Meridian City Council hereby adopts and
approves these Findings of Fact and Conclusions of Law.
Bird: Second.
Rountree: Moved by Councilman Anderson, seconded by Councilman Bird to
approve the Findings of Fact and Conclusions.
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PAGE 6
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ROLL CALL VOTE: Councilman Anderson - yea, Councilman Bird - yea,
Councilman Bentley - yea.
MOTION CARRIED: All yea.
Rountree: Is there a recommendation?
Bentley: Mr. President, the Meridian City Council hereby approves the
conditional use permit requested by the applicant for the property described in
the application for the conditions set forth in these Findings of Fact and
Conclusions of Law but the applicant shall not care for more than seventeen
children and that the property shall be required to meet the water and sewer
requirements, the fire and life safety codes, the uniform building code and other
ordinances of the City of Meridian. The conditional use permit shall be subject to
annual review upon notice to the applicant by the City.
Bird: Second.
Rountree: Moved by Councilman Bentley, seconded by Councilman Bird to
approve the request for the conditional use permit for up to seventeen children.
All those in favor? Opposed?
MOTION CARRIED: All aye.
ITEM #4: FINDINGS OF FACT AND CONLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR A SECOND BUILDING FOR A FUEL
ISLAND BY ALBERTSON'S, INC. - SOUTHWEST CORNER OF W. CHERRY
LANE & TEN MILE ROAD:
Rountree: Any questions of staff or Councilor of the applicant?
Bentley: I have none.
Bird: I have none.
Anderson: I have none.
Rountree: Motion on the Findings?
Anderson: Mr. President, I make a motion that Council approve the Findings of
Fact and Conclusions and the Meridian City Council hereby adopts and approves
these Findings of Facts and Conclusions.
Bentley: Second.
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MERIDIAN CITY COuNCIL
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PAGE 7
Rountree: Moved by Councilman Anderson and seconded by Councilman
Bentley to approve the Findings of Fact and Conclusion.
ROLL CALL VOTE: Councilman Anderson - yea, Councilman Bentley - yea,
Councilman Bird - yea.
MOTION CARRIED: All yea.
Rountree: Is there a recommendation?
Anderson: Mr. President, I recommend the Meridian City Council hereby decides
based on these Findings of Fact and Conclusions of Law the conditional use
permit requested by the applicant for the property described in the application is
denied.
Bentley: Second.
Rountree: Moved by Councilman Anderson, seconded by Councilman Bentley to
deny the application for conditional use permit. All those in favor? Opposed?
MOTION CARRIED: All aye.
ITEM #5: REQUEST FOR PRELIMINARY AND FINAL PLAT FOR 2.67 ACRES
(L-O) BY STEVEN K. RICKS FOR MIDTOWN SQUARE NO.2 FOR LAND
LOCATED SOUTH OF CHERRY LANE AND WEST OF W. 4TH STREET:
Rountree: Is the applicant here? Come forth and it's not a public hearing so you
don't have to be sworn, just explain what's going on and answer questions.
???: The project was actually built about four years ago and we platted the
project as Midtown Square Park. In the process of obtaining long term financing
this year - excuse me, it was platted as one lot, there are now four buildings on
the lot and I've got long term financing in place for the first phase which consists
of two buildings and as we're dealing with the lender, the lender wanted rather
than a meets and bounds legal description on a portion of the one lot, the lender
wanted us to subdivide it into a specific lot so it would have a lot and block
number and it's the only thing that we're doing with this application because of
the time frame as Shari said we could file for a preliminary plat and a final plat at
the same time which she was kind enough to allow me to do and we had the P &
Z hearing last week, there is no opposition all that we're doing is splitting what
was once a one lot office park into a two lot office park so we can have a legal
description for the lender. There were two or three very minor adjustments that
Bruce asked for on the plat and those have been taken care of and resubmitted
to Gary's office today so basically I just need the Council's approval so we can
gather some signatures and record it.
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Rountree: Okay thank you, any questions?
Bird: I have none.
Anderson: I have none.
Rountree: Of staff?
Bentley: Gary, have they met all your requirements and no problems?
Smith: Yes they have, no problems.
Bentley: Thank you.
Rountree: Any discussion? I need a motion for a request either to approve or
deny the preliminary and final plat for the application.
Bentley: Mr. President, I move we approve the preliminary and final plat for 2.67
acres for Midtown Square No.2.
Bird: Second.
Rountree: Moved by Councilman Bentley, seconded by Councilman Bird to
approve the preliminary and final plat for subdivision Midtown Square No.2.
All those in favor? Opposed?
MOTION CARRIED: All aye.
ITEM #6: TURN BERRY SUBDIVISION DEVELOPMENT AGREEMENT:
Rountree: Do you have any questions of Council on that or staff?
Bentley: I have a question for the attorneys, if everything is in order on this?
Prior: I'm going to be in a little bit of a disadvantage here, I don't have a copy of
that in my file that was provided, I don't know if you - oh, maybe it is, excuse me,
but I think it's best that Wayne address this because he prepared the
development agreement.
Crookston: Yes, I'm Wayne Crookston, I'm City Attorney for Meridian. I have
gone over this development agreement probably three or four times, they've
made the changes that I requested and I think it's ready to be adopted.
Bentley: Thank you.
Rountree: Any other questions? I need a motion.
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Bird: Mr. President, I make a motion that we accept the development agreement
with the Turnberry Subdivision and that the Mayor to sign and the Clerk to attest.
Anderson: Second.
Rountree: Motion made by Councilman Bird, seconded by Councilman
Anderson to approve the development agreement for Turnberry Subdivision.
ROLL CALL VOTE: Councilman Bird - yea, Councilman Bentley - yea,
Councilman Anderson - yea.
MOTION CARRIED: All yea.
ITEM #7: SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT
AGREEMENT:
Rountree: Questions, council or staff?
Bentley: Mr. President, I would ask the same question of the City Attorney as to
whether this agreement has been done as in proper order.
Crookston: 11m Wayne Crookston, City Attorney for Meridian. I have reviewed
this Sherbrooke Hollows subdivision development agreement on two different
occasions and it is fine, it's ready to be adopted.
Rountree: Thank you Wayne.
Bentley: Mr. President, I move we approve the Sherbrooke Hollows Subdivision
development agreement, authorize the Mayor to sign and the Clerk to attest.
Bird: Second.
Rountree: Moved by Councilman Bentley, seconded by Councilman Bird to
approve the development agreement for Sherbrooke Hollows Subdivision.
ROLL CALL VOTE: Councilman Anderson - yea, Councilman Bentley - yea,
Councilman Bird - yea.
MOTION CARRIED: All yea.
ITEM #8: FINAL PLAT FOR SPARKLING SPRINGS SUBDIVISION BY
SPARKLING SPRINGS DEVELOPMENT CORPORATION - SOUTH OF
USTICKAND WEST OF N. MERIDIAN ROAD:
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PAGE 10
Rountree: Is someone representing Sparkling Springs Sub here? If you'd come
up in case there's some questions.
Holman: I'm the developer, my engineers evidently running late or has some
(inaudible) I'll try to answer any questions you may have.
Rountree: We'll need your name.
Holman: For the record it's Mike Holman, 1213 Alplar Boise, 10.
Bird: Have you had a chance Mike to review these staff comments and stuff on
the general comments?
Holman: No, I haven't.
Bird: They came out on June 9th.
Holman: I haven't but I think the engineer would have brought something up if it
would have been different from what we've been expecting.
Bentley: Question for staff. Gary, on the site-specific comments have you or
Shari's office received written response to them?
Smith: Yes, we have. The r~sponse that we received from the engineer for the
project indicates they'll comply with all of the requirements that we've set forth,
our conditions.
Bentley: Thank you.
Rountree: Here he comes. Now the answer guy is here are there any questions
for him? If you'd give us your name Mr. Eddy.
Eddy: You guys are too fast today. Charles Eddy, what may I answer?
Bird: You have seen the comments from the staff already and agree with them
or have replied to them?
Eddy: Yes sir, we have. There was - I need to hand out -- if you haven't seen it
- the plat that we submitted the lot lines welre in the process of re-adjusting due
to comments by ACHD concerning the new offset requirements for drainage
ponds in the relationship to lot lines. If you look at lot 6 of block 3 which is in the
far north west corner of the development there is a drainage pond there.
Comments received back from ACHD required us to place our lot lines on the -
or place the pond in relationship to the boundary on the north and on the west
ten feet from the top of the pond to the boundary on the south ten feet to the lot
line and on the east twelve feet for maintenance access. In doing that we made
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PAGE 11
several lots in block 3 substandard to size. To alleviate that and make the lots to
the standard I shifted the north upper springs street to the east twenty feet, those
two roads are not locked into any location to anything to the north, the land is
vacant to the north. So in essence what has happened is we've shifted the lot
lines in an east west direction approximately twenty feet. The dash lines indicate
where the lot lines were originally on your submitted what you have in front of
you. The lot lines that we show in the darker symbology are where we have
them currently. We haven't lost any lots, we haven't gained any lots. What it's
done is allowed the lots to become a better configuration, enabled the developer
to place a decent house on the lot.
Bentley: Mr. President, what has that done to your square footage size?
Eddy: The lots are all above the 8,000 minimum range in the block 3 portion
range from 8,500 - they probably average close to 8,500 and then block 4 and
block 5 they're considerably larger due to the our distances from the north
boundary are more than a hundred feet and they are a minimum 80 feet wide.
Bentley: Okay. Mr. President, question for staff. Gary, have you had a chance
to review this change?
Smith: Charles brought it over tonight at about 5: 15 and he talked to me earlier
today on the phone concerning the requirement by the Highway District. I don't
have any problem with the adjustment of these lot lines to conform to the
requirements of the Highway District, we haven't seen any actual dimensions on
the lots but Charles is aware that we do have the 8,000 square foot minimum, as
I remember these lots were all exceeding that by a good amount in the beginning
so the only lot that suffers anything as far as decrease in size is lot number one
which is the first lot in off Meridian Road on the north side of the access road and
I believe that was a landscape lot anyway so the building sites themselves have
not changed in square feet appreciably.
Bentley: Okay, thank YOu.' Kenny, is there any problem with the Fire on these
changes?
Bowers: Mr. Bentley, President, and City Council, I had talked to Mike on the
phone last week, we discussed the turn arounds for those two roads there and I
thought it'd be better to take the - being only two lots long I thought it'd be better
to take the turn arounds out of it, I thought it'd create more problems by putting
the turn arounds in. I don't have a problem with this plot the way it is now.
Bentley: Okay, thank you.
Eddy: And to clarify, the turn around easements will remain in there, it's a
requirement for ACHD, I've been in discussion with them today and their
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MERIDIAN CITY COLJI'JCIL
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PAGE 12
indication to me is we can reduce the size that's shown on your plan, we can
reduce them to a twenty-foot wide by thirty-feet from the edge of pavement which
equates to 21 % feet from the right-af-way.
Bentley: Did you leave a copy of this for Clerk?
Eddy: Yes, I did.
Rountree: Any other questions?
Bird: I have none.
Bentley: I have none.
Rountree: Okay, what's your pleasure?
Bentley: Well Mr. President if nobody else has got any questions I'll move that
we approve these amended final plats for Sparkling Springs Subdivision.
Bird: I'll second it.
Rountree: It's been moved by Councilman Bentley, seconded by Councilman
Bird to approve the amended Sparkling Springs final plats. All those in favor?
Opposed?
MOTION CARRIED: All aye.
ITEM, #9: FINAL PLAT FOR THE LANDING SUBDIVISION NO. 10 BY A. LEON
BLASER - EAST OF LINDER ROAD AND SOUTH OF FRANKLIN ROAD:
Rountree: Is there a representative from - again, we could have done that by
consent.
Eddy: I'm doing double duty tonight. Charles Eddy.
Rountree: Any questions of Mr. Eddy?
Bird: Mr. President, Mr. Eddy have you had a chance to comment on the staffs
comments and stuff?
Eddy: Yes, we have.
Bird: Everything-
Eddy: Yeah, everything is in accordance and in agreementr we don't accept any
of the conditions. Oh excuse me, there was one clarification that I have, on
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number 12 of the site specific comments, the staff comment states please
provide verification that the minimum house sizes meet ordinance requirements
for the entire development. My question is what is defined by verification and
entire development?
Bird: What's the zoning? Gary, can you answer that question?
Smith: I'll give it a try Councilman. I think that, I could be wrong but I think when
The Landing Subdivision started out - well when Bruce Freckleton reviewed this
he has different percentages of different size houses on here and I'm not sure
that that's - although Shari and Bruce both signed off on that requirement, I don't
recall that on an R-4 development that we had a breakdown for different house
sizes, I know we did for R-8. I guess I can't explain that exactly, the ordinance
now states that an R-4 zone requires a 1400 square foot home minimum.
Eddy: The preliminary plat was approved under the old R-4 zone which was
minimum 70-foot frontages, 8,000 square foot lots however I don't remember the
house size minimum.
Smith: I'm sorry, I don't either, I'm not sure, I know there was a breakdown on
percentage of house sizes for the R-8 zones, I don't know if that carried into the
R-4.
Bird: Mr. President, either one of the counselors, can they tell us?
Crookston: Mr. President and Council, I don't recall the exact date when The
Landing started but at some point and time minimum house size was 1350
square feet and I think that that applied to the R-4 zone.
Rountree: That rings a bell with me for what that's worth but I can't swear to it
and I don't remember;, that there was a mix for R-4.
Crookston: I think what our ordinance allows now, let's say you're in an R-8, you
have to make an election to have various size houses but I donlt think that was
done in the R-4 zone when The Landing was brought on.
Bird: That sound logical Gary?
Smith: Mr. President and Council members, that's the way I remember it too, I
just don't recall a mix of homes being allowed square footage wise in an R-4
zone. I do recall it in the R-8 and I think there still is an option for the R-8 zone to
mix your house sizes percentage wise.
Crookston: That's correct.
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Eddy: So in regards to the staff comment, verification as I understand it would be
submitting documentation on the previous zone that would allow us to put the
house sizes that we currently show on the plat.
Bentley: Mr. President, I hate to sit here and try to answer somebody else's
questions and answers. Without Shari here and without Bruce here I don't know
how we can pull from this what their intent was from this statement. I would offer
a - we could offer up a motion that we could take and approve this subject to
clarification of what item 12 is between staff and the developer and if they can't
get it resolved then have them come back to us with it and maybe we can get a
little more history on it this because all of us are in the dark as to what the
situation is so if that's acceptable to -
Bird: Is that a motion?
Bentley: I will make it such.
Bird: I'll second it.
Rountree: Any discussion?
Smith: Mr. President, Council members, I just noticed on the plat in the R-4
zones typically we have a note that states the house size shall be a minimum of
so many square feet, that note is not on here however in the legend there is a
reference to a minimum house size excluding garage on specific lot and that
legend is a number that's in a box in the legend. Now on the plat itself each lot
has that number in a box so they're indicating by that that, that is the square
footage required on each lot, square footage of each house required on each lot
and that's where Bruce Freckleton made the determination of the percentages of
the 1, 1 00 square foot, the percentages of the 1 ,200 square foot and the
percentages of the 1,300 square foot homes so I guess from that standpoint I'm
sorry that I didn't recognize that when I looked at it first but it is a designation of
square footage on each lot and in the past there must have been a certain
allowable percentage of each size home within the subdivision thafs being
platted.
Bird: So that 1300 minimum doesn't apply here.
Smith: Well apparently not on this subdivision. I can only say from the
standpoint of what's been presented in the final plat that they would need to meet
and verify that they meet I guess is the reason for that comment that they meet
that square footage mix that's been previously approved on other phases of this
subdivision as far as percentages.
Bentley: Do you understand that now?
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MERIDIAN CITY COlJNCIL
JUNE 16, 1998
PAGE 15
Eddy: Yes.
Smith: Sorry, I overlooked that.
Rountree: Mr. Crookston?
Crookston: Thank you Mr. President and Council, I'm pulling this out of my hat if
you will, but I don't recall that there was a way to have variable size houses in th~
R-4 zone. It may be in the ordinance but I don't rErP~" that.
Rountree: I think Charles is about to show us.
Eddy: I'm in the dark too on this particular item.
Rountree: Per your motion Mr. Bentley, do you want to withdraw it with a
withdraw and second and maybe rephrase the condition?
Bentley: We may have to yes.
Bird: I'll withdraw my second.
Bentley: I'll withdraw my motionw
Rountree: Now that we're all sufficiently confused maybe Mrw Eddy can shed
some light on this out of this fog.
Eddy: You're putting a lot of pressure on me. I'm just referring back to The
Landing No. 7 and seeing what we may have done with it. We didn't designate
on the plat itself in such the way that we did on The Landing No. 10 or are doing.
This one does have a mix, The Landing No. 7 does have a mix of houses
however they are 1,300 to 1,400 on it.
Bird: Is that an R-4 too?
Eddy: It's the same zoning as the rest of nine Landings.
Rountree: Same size lots, 70-foot frontage?
Eddy: Yes.
Rountree: Okay.
Bird: We can pass it on that condition if you guys want to but - and they can go
ahead but I think we're - I mean our counselor over here's telling us that on R-4
they don't believe that we can do it.
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Mt:.KIDIAN CJTV aOuNCJL
JUNE 16, 1998
PAGE 16
t3entley: We can put the restrictions on?
Bird: That they can be that (inaudible)
Bentley: Mr. President, I'd Ji~e to have a view from the counselor as to what their
opinion is, youlva stated tnat VQ~ qQnlt believe that that is applicable?
CrookS~Qn: IIQ have to take a look at ij1~ zoning ordinance again but I donlt recall
that thatls available in the R-4 zone. I can go t~~e ~ look at the zoning ordinance
book.
Rountree: We could continue this discussion after about 8:3f;J if Wayne could get
that resolved, if you donlt mind waiting Mr. Eddy? .
Eddy: I planned on being here till 10:00 anyway.
'J. ~
Bentley: We donlt.
Rountree: Welre on a record setting pace -
Eddy: I see that.
Bentley: My personal preference is if we can get this ironed out tonight and get it
out of here.
Bird: I agree.
Rountree: So I would - I donlt know if we need a motion to just continue this for
the next few minutes and just go on to the next item on the agenda. Just defer
for consideration.
Bentley: Yes, I agree with that.
ITEM #10: FINAL PLAT FOR ENGLEWOOD CREEK ESTATES SUBDIVISION
NO.2 BY ENGLEWOOD CREEK DEVELOPMENT CORPORATION - WEST
OF N. TEN MILE ROAD AND SOUTH OF USTICK:
Rountree: Come on up.
Tomlinson: Council members, my name is Richard Tomlinson, I work with
Hubble Engineering, 9550 Bethel Court in Boise, Idaho and I'm very happy to be
up here this soon.
Rountree: Any questions for the engineer?
Bentley: Have you reviewed the site specific comments?
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MERIDIAN CITY COuNCIL
JUNE 16, 1998
PAGEl?
Tomlinson: Yes, I have and I sent a letter off on Friday, hand delivered it to the
City, basically I agree with everything that staff has recommended so if those are
the only things that needed to be considered.
Bentley: Question for staff. You may as well just keep it there Gary.
Smith: Mr. President, Council Members, Rich has responded in the affirmative to
all of our requests and I don't think there are any points of dissention here so -
Bentley: Thank you.
Rountree: Any other questions?
Bird: I have none.
Bentley: I have none.
Rountree: I'm going to ask a question of Gary. I know in some subs where
we've had potential nuisance situations come up, case in point was the horse
stable and subs off of Meridian Road that we had the developers put signs at the
end of that subdivision indicating that this was agricultural and don't bother the
horses and that kind of thing. I don't know that we've had any complaints from
the development that's occurred on the corner at this location but I'm wondering if
it might not be to our advantage to have a note on the plat and potentially ask the
developer to put a sign in the area that they are adjacent to the Meridian Sewage
Treatment facility, has anybody given any thought to that? Just a forewarning
because you know what kinds of complaints are potentially going to come out of
that.
Smith: Yes, sir. Mr. President, Council Members, I guess we haven't given any
thought to actually signing the subdivision, I've always made it a practice to make
that common on the public record that everybody realizes where this subdivision
is in relation to The Wastewater Treatment Plant and I know the plat is a good
place to put things as far as notes and notices and so forth and I try to keep the
plat as clean as possible and utilize it as a survey document because that's really
what it is but I also understand that that is probably the only thing that - or that
~nd the covenants are the only things that the property - the people that
purchased the lots actually see and they may not see the Wastewater Treatment
Plant a quarter mile to the north and a little bit to the west physically.
Rountree: I just point that out to get it back on the record.
Smith: Yes.
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MERIDIAN CITY COuNCIL
JUNE 16, 1998
PAGE 18
Eddy: Were there on the previous subdivision - this is the first phase that we've
worked on in this particular subdivision but we're - the Englewood Creek Estates
No.1 were there some people that had called and complained, I didn't know that
that might be a problem. Yeah, lid rather try - if we could work something into
the CC&R's that seems like it might be - you know, you can actually word
something in there a little better, if we had to put something on the plat I mean if
it would help us tonight I'd sure look at putting something on the plat, I don't know
when it gets to John Priester's office if he reviews those and what he has to say
about things like that, I'd have to talk with our surveying department and what
kind of information is essential to the plat and what's kind of-
Rountree: Just understand the situation that's been discussed.
Eddy: I understand, I certainly do.
Rountree: Any other questions?
Bentley: I have none.
Bird: Mr. President, (end of tape) - approve the final plat for the Englewood
Creek Estates Sub. No.2.
Anderson: Second.
Rountree: Itls been moved by Councilman Bird and seconded by Councilman
Anderson to approve the final plat for Englewood Creek Estates No.2.
Discussion?
Bentley: Is that running, I heard it click.
Rountree: It went the other way, it did what it's supposed to do.
Bentley: Weill didn't see a tape in the other side is why I asked.
Rountree: I have a motion and a second. All those in favor? Opposed?
MOTION CARRIED: All aye.
Rountree: Wayne, do you have an answer for us? We'll go back to item #9, final
plat for The Landing Sub. No. 10.
Crookston: I don't know when The Landing started but this ordinance was
passed or it was amended in 1992. The way that our ordinance now reads is
that in the R-4 zone you have to have 1 ,400 square feet, now there may be a
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MERIDIAN CITY COlJNCIL
JUNE 16, 1998
PAGE 19
question as to when this started out, there's no doubt about that but that's how
our ordinance reads now, 1,400 square feet.
Rountree: And our current ordinance was passed in 1992?
Crookston: The way that it reads now was passed in 1992, I'd have to go back
and look on my computer to know how it read prior to that.
Bird: When was The Landing started?
Crookston: That I don't know.
Bird: Mr. Eddy, can you -
Eddy: I can't tell you the date but it was prior to 1992 I can almost assure you
that.
Crookston: It could be.
Bird: I think you're right.
Bentley: I'm looking for something with a date on it but I can't find a thing.
Rountree: I don't think there's anything on the application.
Eddy: I don't have the recorded plat of #9 in front of me but I do have a
photocopy of that and there is a mixture of 1 ,100, 1,200 and 1,300 square foot
lots on #9, again that doesn't tell us anything for sure but-
Bird: Is there a date on it?
Eddy: Number nine was recorded August of last year.
Anderson: Wayne, my question is if something is started for development after a
new ordinance is passed would it have to meet the new ordinance then?
Crookston: It does not have to do that, I was just looking over here on an
opposite page that indicates that particular ordinance on that page was passed in
1988.
Rountree: Ten years ago.
Crookston: But the entire initial ordinance was passed in 1984 and how it read at
that time and how it read prior to 1992 I don't know right now.
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MERIDIAN CITY COuNCIL
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PAGE 20
(
Rountree: Any more discussion?
Smith: Mr. President, I think there has been a precedence set here in terms of
the square footage of the houses that have been allowed within the subdivisions
of the previous phases, I can't tell you for sure what that precedence is, what the
percentage mix is but I think that Charles is referring to The Landing #9 indicates
that there was a mixture then in #9, the way the plat was presented for #10 the
intent was to have the mixture there. I think the reason for this comment by
Bruce and Shari was to verify that the percentage mix is in accordance with what
had been established in the previous phases, I'm maybe reading between the
lines here but I think thafs what the intent of their comment was and apparently
at the time they reviewed this they weren't sure that that mixture, that percentage
was the same as what it had been in the past. Now the previous plat with the
mixture of home sizes has been approved by the Council at least on #9 for sure
and I don't know how far back this goes but -
Eddy: Would the comment be better suited if it was to say please verify the
minimum square footages within The Landing #10 development meet the
applicable zoning ordinance prior to signature by Gary Smith.
Bird: Mr. President, I think if we read that close I think that their comment is like
Gary said you read that through and I think they just wanted to make sure that
the house sizes meet the ordinance requirements for the entire development and
I take it that #9 and all the rest of them is included in that entire development. I
think the plat was presented this way and the other previous ones have been
done.
Rountree: Glenn?
Bentley: I'll go back to my original motion. I still feel that I'm not willing to sit here
and second guess just like Gary said he didn't want to second guess either and I
think that we could pass this pending the clarification of staff with Charles Eddy
as to what the total meaning of twelve is so that if there's any confusion they can
bring it back to us so I would offer that motion again.
Bird: And I would second it again.
Rountree: It's been moved and seconded by Councilman Bentley and seconded
by Councilman Bird to approve the final plat for The Landing Sub. No. 10 with the
condition that there is a resolve as it relates to the percentage of various size
square footages within the lots within the entire subdivision. All those in favor?
Opposed?
MOTION CARRIED: All aye.
{
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MERIDIAN CITY COuNCIL
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PAGE 21
Rountree: Department Reports, Gary? Excuse me, Gary if you don't mind I've
got Steve Youngerman here who's got an issue that he wants to bring before
Council.
Bentley: Is it hamburgers?
Rountree: No, brewskies.
Youngerman: Do I have to be sworn in or anything?
Bentley: Just say who you are.
Youngerman: I'm Steve Youngerman, local entrepreneur. I was approached
about a week and a half ago to do the Meridian Dairy Days street dance which
was an event that they'd had down in front of Bill and Lynn's, it was sponsored by
Remax Realty and when those guys moved it was kind of let go and I realize this
is kind of the eleventh hour to talk to you guys about this but - so the first person
I called was Chief Gordon because I thought that that was you know a good guy
to talk to and he said that he thinks that the operations I run are good, clean
operations and he was willing to let us do that. We want to do the street dance
on the old Lumberman's site. We've lined up a band, we've got a co-sponsor,
Arch Paging which is a new business that is moving to Meridian, it's going to be a
free event, we've got a fifties, sixties, seventies rock and roll band called The
Corvairs lines up. There will be beer as well as soft drinks. Anyway, and then I
talked to Mayor Corrie and he thought I should broach the subject with you
gentlemen and see what we thought about it. We would control it so that there
wouldn't be any violation of the open container law in the city, it would end at
11 :00 p.m., 7:00 to 11 :00 and I don't know if you have any other questions,
there's probably something else I should have told you.
Bird: This Saturday night?
Youngerman: Saturday night the twentieth.
Rountree: At least that's how it's advertised.
Youngerman: Weill don't know if they're advertising it yet but this is one of those
deals that we kind of pulled out of our hat so anyway.
Bentley: Have you talked to the residents down there by the truss place?
Youngerman: Weill don't know if there are any residents, the one thing about
that site is that there's -
Bentley: There is down by Valley Truss.
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MERIDIAN CITY COuNCIL
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PAGE 22
Youngerman: Is there? I haven't - I mean this is one of those deals where
somebody brought it up and I said I'd take a stab at it and see what we can do.
You know one thing about is it's a Dairy Days event which is downtown which is
kind of rare, it'll be a free event because we've got a good co-sponsor and you
know I don't want to have any - I mean I don't want to even think about what
happened at Eagle Days last year, nothing like that's going to go on, we've got a
fence enclosure so we can make sure we don't have any violations of the open
container law, my liquor license is valuable enough to me that we won't over
serve people so - and I've never heard this band but the people I've talked to
about them say they've got a pretty wide appreciation amongst a lot of people so
anyway I just thought a couple of things, I'm a business man and it's a chance for
me to make some dough but at the same time it's an event for downtown
Meridian during Dairy Days and you know last year - and not to say anything bad
about Dairy Days but last year it almost seemed like the only thing that was going
on at Dairy Days was the carnival, I don't know how much of that money stays in
town but not very much of it so anyway -
Anderson: So you're proposing doing all of this back in the fenced area, back
where the lumber storage was, that's where the band will be?
Youngerman: You bet.
Anderson: And then are you going to put on extra security people or how are
you going to police that?
Youngerman: Oh yeah, we'll ~ I mean you've got one entrance and egress, we'll
have ports-potties and we'll make sure that no boos gets out.
Bentley: Can you have the band face their speakers so it's away from the
residential track?
Youngerman: Yes, I'll have them face towards First Street.
Bentley: That would be helpful.
Bird: There's enough buildings around there that should be a -
Youngerman: Yeah, and again one of the things when I talked to Chief Gordon
he says you've got to shut it down at 11 :00, I have no problem with that, that's
past my bedtime anyway so -
Rountree: Any other questions?
Bentley: I have a question for Wild Bill.
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MERIDIAN CITY COuNCIL
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PAGE 23
(
I
Musser: I'll see if I can answer it for you.
Bentley: You've been apprised of this request?
Musser: I had a brief discussion with the Chief and with Lieutenant Bowman and
I think that was at least a week if not a week and a half ago, at that time
Lieutenant Bowman and I did voice some concerns as to the open container
access between three bars and where we would have a street dance also with a
catering permit for alcohol within the same block area, we felt that that was an
issue that needs to be addressed, I hear Mr. Youngerman stating that those
concerns were brought to his attention so as far as that that's about the only
information I really have in reference to this request at this time.
Youngerman: Well this fence setup really kind of lends itself to this deal so and
we would have created some sort of a - but it's just kind of there so -
Bentley: Right, but he brings up the point of people coming across the street with
liquor -
Youngerman: Yeah weill know that we do everything we can to make sure at
Harry's people don't walk out the door with a beer or drink in their hand, I can't
speak for the other owners but we would do everything we could.
Bentley: So it's a free event but it caters to adults only?
Youngerman: Well it caters to adults, there's got to be some way that it's an all
ages event, I've got to figure that out and I - I don't know where that -
Anderson: You'd better hurry, Saturdays getting close.
Youngerman: I know, well you know I kind of - the best way to do these things is
kind of pull them out of your hat but -
Bentley: Another guy with a hat.
Youngerman: I know, it's a big hat let me tell you.
Bentley: Okay, thank you.
Prior: I've got one question for you. Did you obtain any necessary permits from
Youngerman: I've got a catering permit right here that I was going to give a
check to the City for so I mean like I said the first thing -
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MERIDIAN CITY COuNCIL
JUNE 16, 1998
PAGE 24
Prior: I guess my question is about your particular liquor license. Who's liquor
license is going to be used for this thing?
Youngerman: It would be off Harry's.
Prior: Now does your liquor license enable you to serve alcoholic beverages
outside the premises of your thing, I don't recall the Idaho Code, I think there was
something saying that it's limited to the premises of your -
Youngerman: Yeah, but I'd just be doing beer and I think the beer is controlled
by the City and the City will give you a keg permit.
Anderson: Beer's controlled by the City.
Youngerman: We wouldn't be doing -
Bentley: He has to get a permit from the City.
Youngerman: Yeah and Will Berg gave that to me today and so anyway.
Rountree: Chief, do you have any life safety issues?
Bowers: How about our events coordinator here?
Kuntz: This is the first I've heard about it and I really don't care to comment on it.
Youngerman: Well next if we do it we'll try to maybe think about it more than a
week ahead of time but like I said I got approached about it just about a week
and a half ago.
Bentley: Well this isn't the first time they've walked in the door two days before
on the same event either -
Youngerman: I don't like doing that but-
Bentley: I understand this was just handed to you but we gave a pretty stem
warning about doing this two years ago, walking in the door on this thing.
Youngerman: What Chief Gordon said was that he was never in favor of the one
down at - I don't know what you call the place across from Cherry Plaza but that
there'd never been a problem and his feeling was that we do it, if it was a
problem we'd talk about that for next year.
Bentley: Okay, thank you.
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MERIDIAN CITY COuNCIL
JUNE 16, 1998
PAGE 25
(
Rountree: Any other questions, comments, discussion?
Bentley: I have none.
Rountree: Motion?
Bird: Mr. President, I make a motion that we allow this street dance to go on and
to - I don't know if we need a motion for the catering license or not that's just a
law so I just make a motion that it goes on.
Rountree: Motion's been made to approve the request for Dairy Days street
dance at the old Lumberman's site on the corner of East First and Broadway.
Motion made no second.
Bentley: Second.
Rountree: Motion was made by Councilman Bird, seconded by Councilman
Bentley to approve the street dance at the stated location. All those in favor?
Opposed?
MOTION CARRIED: Two in favor, one opposed (KB & GB, RA).
Bentley: You do have the right to vote, you don't lose your right to vote because
you're sitting -
Rountree: I know that but what do you do in the case of a tie?
Bentley: She votes.
Rountree: (Inaudible) Okay, now Department Reports, thanks for waiting Gary
and department heads, Steve you've been warned.
ITEM #11: DEPARTMENT REPORTS:
A. GARY SMITH:
1. TWO PARTY AGREEMENT BETWEEN ACHD AND CITY
OF MERIDIAN - NW 8TH STREET PARKING AND
DRAINAGE SYSTEM.
Smith: Council President, Councilmen, the first item I have is a two party
agreement between ACHD and the City of Meridian on our drainage and parking
lot improvement at the north end of northwest 8th Street. This agreement
submitted to us by ACHD and it's been reviewed by Wayne, on page 3, the
second line under item #3A, 48% is the number that was added there to
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MERIDIAN CITY COlJNCIL
JUNE 16, 1998
PAGE 26
delineate the involvement of the district in the cost of the improvement of the
drainage section for this project and that was Wayne's suggestion that that be
added, I've talked to Darryl Hansen at the Highway District and he concurs that
that's fine but this is a vehicle to permit the Highway District to reimburse the City
of Meridian for 48% of the cost involved in the storm drainage segment of the
parking lot improvement, it amounts to about $12,000.00 reimbursement.
Anderson: Is that pretty much what we were expecting when we started the
project?
Smith: Yes sir, the engineers estimate was pretty close to that.
Rountree: Any other questions for Gary?
Bird: I have none.
Rountree: We need a motion.
Bird: Mr. President, I move that we accept this two party agreement for the
parking lot pipeline and retention basin construction on northwest 8th Avenue in
Meridian and for the Mayor to sign and the Clerk to attest.
Anderson: Second.
Rountree: Motion made by Councilman Bird to approve the two party agreement
and seconded by Councilman Anderson.
ROLL CALL VOTE: Councilman Anderson - yea, Councilman Bentley - yea,
Councilman Bird - yea.
MOTION CARRIED: All yea.
2. CONTRACT WITH CIVIL SURVEY CONSULTANTS FOR
PUMP AND PUMPHOUSEATWELL NO. 19.
Smith: Thank you Mr. President, Council Members, the second item I have is a
contract request for the design and the construction coordination of the pump
and pump house for well #19 located in Englewood Creek Estates Subdivision on
Lot 1 Block 5, Civil Survey Consultants of Meridian is the engineering firm that
has presented this proposal to us and Civil Survey has been doing our pump
pump house projects for well house #15, their scope of services is virtually the
same as what they have provided in the past, they have proposed a time and
materials contract with a not to exceed amount of $11, 774.50. We would utilize
as much of the details as exists on the previous well houses that would be
appropriate for this one so we're not doing something over twice and they've also
estimated a fee for their construction services to be approximately $8,803.50,
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MERIDIAN CITY COuNCIL
JUNE 16, 1998
PAGE 27
(
that would also be on a time and materials basis as their services as needed for
that aspect. They have done a good job for us in the past, they are very
responsive and they put out a quality set of bid documents and they're very
thorough.
Rountree: Questions?
Bird: Yeah, Mr. President, the $8803.50, is that not to exceed or is that just an
esti mate?
Smith: That's just an estimate Councilman. I think that the - their location here
in Meridian, they don't spend a lot of time getting to the job and back to their
office and with the experience that they've got in the previous projects, every
project seems to have it's own little peculiarity but continuing to refine that
particular type of project I don't expect to see very much out of the ordinary
expenses beyond what they're estimating it will take but we'll do as much in
house as we can in terms of the contract administration.
Bird: Gary, this $8,803.00, is this yours or their estimate?
Smith: That's their estimate.
Bird: And you've had no problems with - I mean these guys are -
Smith: They've been very fair, their chargeable rates I would say in comparison
to other consultants they're not significantly less but they're noticeably less per
hour and they only have a four man shop so they don't have a high overhead to
contend with and they're all project involved people they're not administrative
overheads.
Bird: Mr. President, you're asking for a contract for this service?
Smith: Yes sir, approval of this proposal.
Bird: I move that we accept this proposal as it's stated with one not to exceed
$11,774.50 and the other one approximately $8,803.50 and for the Mayor to sign
and the Clerk to attest.
Rountree: Motion made, second?
Bentley: Second.
Rountree: Motion made by Councilman Bird, seconded by Councilman Bentley
to approve the well #19 contract proposal for $11,774.50 not to exceed for the
engineering work and $8,803.50 estimate for construction engineer.
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MERIDIAN CITY COuNCIL
JUNE 16, 1998
PAGE 28
ROLL CALL VOTE: Councilman Bird - yea, Councilman Bentley - yea,
Councilman Anderson - yea.
MOTION CARRIED: All yea.
3. CONTRACT WITH CIVIL SURVEY CONSULTANTS FOR
WATER & SEWER LINES IN MERIDIAN AND FRANKLIN
ROAD REBUilD.
Smith: Thank you Mr. President, Council Members, the last item I have is a
contract again with Civil Survey Consultants for construction surveying for the
Meridian Road I Franklin Road sewer and water installation as part of those two
roadway rebuild projects. At a side note, the Highway District opened bids let's
see, I want to say it was on the 10th, six days ago and they have a low bidder,
Boise Paving is the contractor for the project and there are three piping
contractors that will probably be working on the project for our end of it, for the
sewer and the water. Combined bid for sewer and water was $394,000.00, we'd
estimated $450,000.00 so it came in somewhat under our estimate. This
contract as part of the two party agreement that we presently have with the
Highway District, we have to provide the construction staking for the sewer and
the water line installation. In this contract proposal from Civil Survey will do that
work, they will stake the sewer, the water main lines for construction and they'll
stake sewer service connections and sewer stub outs from the manholes for time
and materials, estimated cost of $5,200.00. They were by the way the designers
of the sewer and water project for us in that roadway project. They did the
design originally.
Rountree: Questions?
Bird: I have none.
Anderson: Mr. President, I make a motion that City Council approve the
agreement for professional services with Civil Survey consulting for the staking of
the sewer and water lines on the Franklin Road improvement, the Mayor to sign
and the Clerk to attest.
Bird: Second.
Rountree: Motion made by Councilman Anderson, second by Councilman Bird
to approve the consultant professional agreement for construction survey staking
for sewer and water lines.
ROLL CALL VOTE: Councilman Anderson - yea, Councilman Bird - yea,
Councilman Bentley - yea.
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MERIDIAN CITY COlJNCIL
JUNE 16, 1998
PAGE 29
MOTION CARRIED: All yea.
Smith: Thank you Mr. President, Council Members, I have a invitation to bid for
Generations Plaza that I'd like for the President of the Council to sign so we can
get it in the paper.
Rountree: Good job!
Bird: Can't we hold it up any longer Tom?
Kuntz: You can.
Rountree: You can if you want.
Kuntz: Sure.
Bird: I just got ate alive yesterday by them guys over that.
Smith: It's been a wrestling match for my Assistant Engineer Brad to coordinate
the plans that were prepared by several different people and get a set of plans
that could be set out for bid so that the contractors could build it and we're still
not real comfortable with it but it's going out the door so -
Rountree: First off, please extend our appreciation to Brad for the time he spent
on this, I know he did a lot of extra work on it and he got a lot of different direction
and etcetera.
Smith: I will do that, thank you.
Crookston: Mr. President and Council, Tom, did you talk to Mr. Thierhouse?
Kuntz: No I didn't, I talked to someone else (inaudible)
Rountree: (Inaudible) we have the easements.
Crookston: We have the easements?
Rountree: We don't?
Crookston: No, we don't.
Bird: You don't have the utility easements yet.
Crookston: We don't have the construction easement or the electrical power line
easement. I have been dealing with Mrs. Thierhouse's attorney and he told me
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MERIDIAN CITY COlJNCIL
JUNE 16, 1998
PAGE 30
the other day as I told Tom that she was not going to sign it because she had an
offer to buy the property and she didn't feel that she should sign those
easements until that sale was done and so the new buyer would be the person
that we'd have to deal with.
Rountree: Shed some light on this because I know you have a little bit.
Kuntz: I pursued Betty Thierhouse and Eric Thierhouse in the last couple of days
and was not able to talk to either of them so I contacted who I thought was the
potential buyer of the property Mr. Holloway. I spoke with him today and he
actually has the easements in his hands and would like to talk to the committee
responsible for getting the construction package put together and we have that
meeting planned for Wednesday and we'll be discussing the easement and some
other issues.
Bird: Yeah but he can't give the easements if he hasn't bought the property.
Kuntz: Understand.
Rountree: Did he give you a time line on that?
Kuntz: No, he just said that he just got them and that he was looking at them, he
had a couple questions for me and I answered those questions and left
messages with both Betty's home answering machine and Eric's place of work so
Rountree: How long do you expect this bid to advertise?
Smith: I think we've got a begin advertisement on June 26th and isn't it a open on
July - I don't remember the date - July 23rd?
Rountree: July 23rd.
Bird: I make a motion that we go ahead with the advertisement (inaudible) we
can always extend the bid if we get down to the end of it, it's done all the time in
government entities to extend the bid but let's get it out there and get the people
working on it for criminy out loud.
Bentley: Second.
Rountree: Motion made by Councilman Bird, seconded by Councilman Bentley
to get the bid out. All those in favor? Opposed?
MOTION CARRIED: All aye.
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MERIDIAN CITY COlJNCIL
JUNE 16, 1998
PAGE 31
{
Rountree: There you go. Thank you Gary. Tom?
Kuntz: Acting Mayor and City Council, just a couple of items, one just for
informational purposes, as part of Dairy Days the Meridian Merchants
Association will be hosting events in our Storey Park, included in those events
will be food vendors, entertainment, children's activities, arts & crafts vendors
and educational. We've been working with them for about two weeks now to
coordinate the effort and to establish a fee to cover our costs as far as garbage
staffing levels and those type of things, so I just wanted to make you aware that
this is happening this Friday from 12 noon until 9 p.m.. Tully Park update, we'll
be starting to put up fencing, the fencing company will be out on site tomorrow
and they will start setting their posts for the fencing. I know that the parking lot
and the street widening of Linder is ready to be paved, my understanding is that
that will be paved next week so we're off and running at Tully Park, it's kind of
exciting. I brought a form with me that may be something you want to consider
for the street dance. It's a citizen's use permit application, this one is for Dairy
Days and it's primarily for the parade but it does have some verbiage that might
become useful if the dance gets out of hand. One of the paragraphs read, upon
my/our failure to provide adequate security I understand that we be liable for any
reasonable fee from the City of Meridian for providing these services. It's also a
hold harmless thing and it might be advisable to have something like this even
though it is on private property, just a suggestion.
Anderson: Has it been reviewed by legal counsel?
Kuntz: This one was approved by Ada County Sheriffs Department, Meridian
Fire Department, Meridian City Council, Keith Bird, ACHD, Meridian Police
Department and then it was signed by the Mayor.
Bird: That's just the permit for-
Anderson: No, I mean your proposed agreement thing that you're talking about,
has that been looked at by any legal counsel people to --
Kuntz: Which proposed agreement?
Anderson: The one you were just reading off.
Kuntz: This one?
Anderson: Yeah.
Kuntz: It's a standard form.
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MERIDIAN CITY COuNCIL
JUNE 16, 1998
PAGE 32
Bird: That's a standard form Ron that you can get (inaudible) race or use in the
streets but we're going on - that's a private property.
Prior: I'd like to make a point while we're on the subject of this dance. Obviously
you folks are under a different impression when we were talking about and I
inquired about the necessity of obtaining a beer license and a number of you
noted that it's not necessary, that it's covered by a municipality and I disagreed
with you at that time, I should have voiced a stronger concern about that because
I went back to my office and pulled the particular title 23 chapter 1 0-09 and I'll
quote this from this particular section that says, "said licenses and this talks
about retailers local licenses to sell beer to the general public, said licenses shall
at all times be prominently displayed in the place of business of the licensee and
shall be issued only for the particular premises described therein." What it says
folks is that contrary to what we just told that gentleman beer licenses are only
supposed to be for the sale and that was my initial inclination and when I passed
that beer, wine and liquor license I recall coming across this, I probably should
have spoke a little more but beer licenses are only supposed to be for the
particular premises that are described in the license and that folks this applies to
a county as well as a municipality license, so bar licenses are specific to the
premises described in those licenses and it's not something that a person who
wishes to use that license can go out and apply it to a parking lot across the
street from his premises.
Bird: Where do you get your catering laws? They're broken all the time then if
that's the truth because you don't go get a license just to have a catered event -
Prior: What you do is you obtain a catering license from the (inaudible)
Bird: That's just exactly what he was doing through the City of Meridian. The
City of Meridian -
Prior: What I'm saying though is you may have to obtain a catering license from
the county as well and I don't believe he's done that and if we follow what state
law says here it says that license - he's basically testified that his license - he's
using his beer license for his premises to sell beer at that thing, he can't do that
under Idaho Code.
Bird: He can if he gets a catering license.
Prior: Okay, he can get a catering license -
Bird: And that's what he'd getting and a catering license don't -
Prior: From the City of Meridian.
MERIDIAN CITY COlJNCIL
JUNE 16, 1998
PAGE 33
Bird: From the City of Meridian, if it was hard liquor then he has to go through
the whole route.
Prior: So what you're saying then is you're telling me that contrary to what it says
in this code this guy doesn't need to get a beer license, is that what you're telling
me?
Bird: He needs to get a - he doesn't have to get a new beer license, he has to
get a catering license.
Prior: Weill just want to let you know that I disagree with what Councilman Bird
says in this regard because I think it says something contrary to that but entirely
it's you folks to make the decision.
Bentley: Mr. President, Bill, when we have these events around town and the
City Clerk has us sign off on beer and wine permits I believe they are.
Musser: Mr. President and Mr. Bentley, in reference to the discussion that's
ongoing that's exactly what the City does is the City ends up approving on a
catering permit where the license it's on and established a premises can be
moved off temporarily for that period of time which has been approved, that falls
under the municipality exceptions under the state code and allows them to be
able to do that but it has to be approved, it has to carry stamp during that time
and it doesn't apply to hard liquor, that one requires all three permits to be routed
through, it can be state, county and municipal.
(Inaudible)
Musser: The question that I'm hearing from the counselor is that whether or not
the County needs to be involved, where it's strictly municipality it's my
understanding on it and the way we've done enforcement in the past that the
municipalities have that overriding authority to be able to do it within the confines
of their incorporated city limits, if it was outside the incorporated city limits and
the license was held by somebody within the city limits, then they would have to
apply for that in the County and also probably notify the City that they were going
to be out of their premise during that time.
Prior: That's not what this says. It's up to you, I mean you can ask Wayne if you
want but I'm telling you that's not what this says, you folks do whatever you want.
Bird: I just have gone off of Counselor that we have done it this way and my
understanding has always been that as long as we stayed within the city limits of
Meridian the local license can be used as an off premise catering for a certain
amount of time, I mean you can't take it off for a year or anything like that then if
(
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MERIDIAN CITY COuNCIL
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PAGE 34
they go out in the County then you have to have the County approval too but
unless the law has changed that's the way I'd always understood it John.
Bentley: Mr. President, since we've got two different trains of thought on this
maybe it would be appropriate for City Attorney's office to contact the A.G.ls
office and get a rating from them.
Bird: I would second that.
Rountree: Motion made by Councilman Bentley, seconded by Councilman Bird
that we address the concern as to the level of authority that the municipality has
with regard to issuing a temporary beer license for catering purposes within a
municipality without the authorization from the county. All those in favor?
Opposed?
MOTION CARRIED: All aye.
(Inaudible)
Kuntz: Just a point of clarification for me, the special events ordinance that 11m
working at, I was assuming did not pertain to private property, is that correct or
not correct? Do you want it to apply to private property also?
Bentley: Yes. I know in conjunction with the Chief I think if you talk to him he's
going to say yes because one of the reasons on some of this stuff was the
original dance so I would say clarify it through him whether he thinks it should be
applied to both and then the Council can make a decision whether it applies to
both.
Kuntz: Okay. The last item I have is just some direction. The High School
tennis courts are in need of repair and I pulled out the joint service contract from
those courts and it doesn't state anything as far as financial sharing in repairs of
those courts. The repairs necessary are fairly substantial, I've received two to
three estimates and they range from a low of $60,000.00 to a high of $80,000.00
and I guess I just need some direction either tonight or the next planning meeting
as to what if any commitment you'd like to see the City make towards repairing
those courts.
Rountree: Any questions?
Anderson: I'm not familiar with it so tell me how does the City use the tennis
courts, do we do that through our Recreation Department or-
Kuntz: The agreement was that once the courts were built is that the City would
be allowed to use them, city participants would be allowed to use them, after
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MERIDIAN CITY COuNCIL
JUNE 16, 1998
PAGE 35
(
school activities are using them and actually in the agreement it states during the
school year and then in the summer months that we would maintain them,
including the restroom area so June, July and August we maintain the restrooms
and the tennis courts. September through May they maintain them but there's
nothing in the agreement that really addresses repairs to the courts. The original
courts were built according to this agreement built by the School District although
it appears that they received some grant monies through the State Parks and
Recreation but I can't find anything verbiage on the amount of cost or how much
the grant was or anything to that affect so -
Anderson: Are these just the ones at the High School, it doesnlt include the
Middle School, we don't have use of those?
Kuntz: Yeah, no, itls the six course at the High School.
Rountree: Has the school indicated a willingness to participate?
Kuntz: They have. The offer that they're pursuing is that it would be a 50/50 split
and they have budgeted $24,000.00 and I've talked to the Superintendent and
they're willing to up that to cover their half of the repair costs and I can go into the
repairs if you want to but 1-
Anderson: Are the repairs in the form of concrete or paint and nets and fence or
what are they?
Kuntz: They're in the form of fabric, sealing the cracks, fabric two-inch overlay,
repairing one corner of the southwest comer needs to be dug up, roots removed
and blocked and that area patched and then the fabric and then the overlay and
the new coating.
Anderson: What is the fabric you're talking about? Explain that to me.
Kuntz: It's a fabric that would keep the cracks, hopefully keep the cracks and
moisture from working it's way up into the new asphalt, I'm not an asphalt man so
1-
Anderson: You'd know what it is.
Rountree: Yeah, it's a engineering fabric, technical fabric, it keeps the cracks
that are existing in the pavement or paved surface from reflecting up through into
the new. At least that's what they say it does.
Bird: How much does it cost to put in a new one?
/
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MERIDIAN CITY COUNCIL
JUNE 16, 1998
PAGE 36
Kuntz: A new court would be a completely brand new court taking the existing
fencing down, rebuilding those courts would be about $80,000.00 so the low is
$60,000.00 with the overlay and eighty for the-
Anderson: So those courts are asphalt, they're not concrete?
Kuntz: No, they're asphalt.
Bird: They are in bad, bad shape.
Kuntz: And the reason I'm bringing this to you now is the School District would
like to get this done during the summer months instead of waiting until fall. I
haven't discussed with them the idea of them paying for the entire project with
reimbursement from the City out of our 98-99 budget so that would be one
consideration.
Rountree: That might be something that we have to look at.
Bentley: I think that would be what they'd have to look at.
Bird: Yeah, you don't have that extra money in there, do you Tom?
Anderson: If he did he would have bought some land by now.
Rountree: As I recall, the line item budget for maintenance of the tennis courts is
$1 ,000.00.
Bentley: Yau left some zero's off didn't you?
Kuntz: We have money in the path project.
Rountree: Not since they just signed that okay to bid because that money's
going to pay for that.
Kuntz: But I think they would need a pretty firm understanding that we would -
there would be a reimbursement from the City before they would enter into an
agreement like that, that's an issue I can address with them if you'd like.
Bentley: I have a question. What's the difference between that and their softball
fields at all their schools?
Kuntz: I would say the tennis courts are limited in the number that they're on the
City (end of tape) -- that there is a larger user group of tennis and a larger age
grouping than softball players so if your question is why wouldn't we participate in
the construction of their softball field and we would participate in the construction
MERIDIAN CITY COuNCIL
JUNE 16, 1998
PAGE 37
of their tennis courts I think the tennis courts benefit the community as a whole
versus the softball fields are for a select group.
Bentley: Okay.
Rountree: Any other questions?
Anderson: Not a question but a comment is I guess that until we get into the
budgeting process I don't see where we can make a firm commitment on
anything at this point.
Rountree: We'll talk about that in a budget planning session soon.
Kuntz: Thank you.
Rountree: Anything" else Tom, that's all?
Kuntz: Nope.
Bentley: Oh, I have one for you Tom. You could take it over there. I asked Gary
a question here about a week ago about the light on the back side of the
maintenance shed over there at the restrooms at Tully, is that light going to shine
down or is it going to shine in the backyards of the people.
Smith: I talked to Brad about that and he was checking the fixture to make sure
what the light dispersion was on it but I did pass your comment along to him with
the understanding that we didn't want the light shining into those backyards.
Bentley: Okay, thank you.
Rountree: Thanks Gary.
Musser: Mr. President and Council, I have nothing to report for the Police
Department this evening.
Rountree: And I'd like to officially welcome Brad.
Hawkins-Clark: Thank you.
Rountree: It's your opportunity to report.
Hawkins-Clark: Well, with six days in the seat - no, I look forward to the chance
to work with you.
Rountree: Welcome aboard. Kenny?
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MERIDIAN CITY COtJNCIL
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PAGE 38
Bowers: Mr. President and Council, next week you will be seeing fireworks, tents
and booths being set up so it's that time of the year again, the only thing we hope
is that it stays raining or cold weather. The other thing I had is I would like to
thank the Council and the City for allowing us to go to the seminars from
Blakeslee and Associates, it has been very worthwhile I believe, the department
heads we have sit down and worked in committees and everything was very free
and open and we talked about you guys quite a bit and I'm sure you guys will
hear about it from Blakeslee and she had a lot of stuff for us to consider, to work
through from you guys so I think it was very worthwhile to go through. Thank
you.
Rountree: Thank you. Mr. Crookston, do you want to present the request on Mr.
Max or do you want me to just handle that as my item?
Crookston: I think that you can handle that as your item, it's -I've certainly read
it but it's the Council that needs to take the action on it.
Rountree: Okay. Mr. Bentley, I know we're getting really close but I need a five
minute break.
Bentley: Oh, okay.
Bird: I make a motion that we adjourn for five minutes.
(FIVE MINUTE BREAK)
Rountree: Mr. Bird?
Bird: I have nothing.
Rountree: Mr. Bentley?
Bentley: I have nothing.
Rountree: Oh man, oh man.
Bentley: But I'll think of something.
Rountree: Mr. Anderson?
Anderson: Councilman Bentley and myself met with the Firefighter's Union -
was that last week or -
Bentley: Last Wednesday.
{
MERIDIAN CITY COUNCIL
JUNE 16, 1998
PAGE 39
Anderson: Last Wednesday and worked about halfway through the contract and
we've got another meeting scheduled for July 8th and it was a very positive
meeting and things are moving forward on that front and that's alii have to
report.
Rountree: Well I'm sorry gentlemen but I have a laundry list.
Bentley: Do we need to take notes?
Rountree: IEC, what do we want to do? We did not get to that last meeting and
we were going to, do we want to pursue a membership with them?
Bird: Charlie or Mr. President I'm sorry -
Rountree: That's fine, I know who I am.
Bird: I think being from a company that's ,been involved with it for thirty some
years I think it's money well invested, they can do about anything for you from
municipality or for a private. I would like to pursue, see the Council pursue a
membership into it, talk to them about some contracted stuff to do, they could do
for us and I'd like to see what the other guys - what you other councilmen think
of it too.
Rountree: Mr. Bentley?
Bentley: I think it's something we need to look into and I have one thing to add,
in fact I have two items but I'll take care of this one because it's the same one
right now, we tentatively had them scheduled for the 30th to come back and talk,
she would like to change that to the Council meeting July 7th and come in maybe
at 7:00 or whatever we desire. She passed that on to me yesterday at the APA
meeting.
Rountree: Okay. Mr. Anderson?
Anderson: live been looking through their literature and I like the services they
can provide and it sounds like it would be pretty cost effective and it's something
that our department heads could draw on as a resource and it would help us out
considerably so I would think that it would be a good move for us to join them.
Rountree: I concur, I think that they have some services for a relatively minimal
fee that are available to us on human resource kinds of activities and some
things we certainly need so I would entertain a motion about membership.
Bird: Mr. President, I would move that the Meridian City get a membership into
the lEe, the Idaho Employers Council, and have the lady come and talk to us on
July 17th.
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MERIDIAN CITY COUNCIL
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PAGE 40
Rountree: Time certain, 6:30, maybe a little better?
Bentley: 7:00 I think would work better.
Bird: 7:00.
Rountree: I have a motion, do I have a second?
Anderson: I'll second it.
Rountree: Motion made by Councilman Bird, seconded by Councilman
Anderson to have City of Meridian enter into a membership with IEC and to invite
Candy Weaver to and put Candy Weaver on the City's next City Council meeting
July 7th at 7:00 p.m. The next item I have is I've had several calls from Greg
Johnson's fellow with Westpark Subdivision, if you can recall - Oh, did we not
vote on - oh, excuse me, I'm trying to beat that 10:00 deadline.
Bird: We didn't vote on the motion.
Rountree: Let's vote on that motion about approving an IEC membership.
MOTION CARRIED: All aye.
Rountree: Okay they're all in favor. Alright, back to Westpark, Greg Johnson's
presented some stuff to Shari, Shari wrote a letter back indicating that we weren't
necessarily interested in that being part of the City even though it is in our referral
area. To refresh your memory, it's a subdivision that would overlook Boise
Ranch Golf on South Eagle Road and Columbia just at the extreme of our impact
area. They want to know if they want to - if we want them to pursue with Boise a
temporary hook-up with services ultimately to come to the City of Meridian, if they
want to establish temporary stuff with the County and remain in the County or if
we have any likes or dislikes if they pursue becoming part of Boise. I think we
told them before that we had no preference and that they should be working with
the County on the approval of their subdivision. What's your pleasure? Continue
that course or -
Bentley: Are they outside of our impact area?
Rountree: They're in a referral area, they're in the light blue area in the very
southwest corner - southeast corner, excuse me.
Bird: Theyre way down in there.
Rountree: And they're on that rim above Boise Ranch to the west.
Bird: Out by the old turkey farm, the old Albertson's turkey farm.
f.
MERIDIAN CITY COUNCIL
JUNE 16, 1998
PAGE 41
Rountree: Yaah you got that right Kenny, that's right where they are.
Yeah, that is Columbia. Brad, did Shari give you any information on this?
Hawkins-Clark: She did not.
Rountree: It's all news to you, okay thanks. Stay the course with what we've
established with it?
Bird: Stay the course I would say.
Rountree: Okay, 1'lIlat them know that. At the Parks and Recreation
Commission last evening there was a discussion about the possibility of
replacing Tammy de Weerd on the Commission since she is now part of
Planning and Zoning. There was some discussion about just because she's on
Planning and Zoning, does that mean she's no longer a citizen at large. I donlt
know that there is really any discussion of that in the ordinance that just
establishes the membership, it doesn't say that you can't be a member of one
body and represent another. The desire of the Commission was to leave the
membership the way it is with Tammy still representing a citizen at large position
and Keith Borup still representing Planning and Zoning. Any read on it? There
was some discussion that that might not be appropriate as well but it seemed to
be the bulk of the discussion of the Commission felt that we should just leave it
the way it is.
Bird: I'm for that, Charlie, --
Rountree: She is the President of the Commission at this point for the rest of the
year.
Anderson: Would she remain the President then after that or -
Rountree: Again, I don't think - in fact I'm sure the ordinance does not preclude
who can or canlt be President. I made it clear when I was on the Commission
that I would not be President and represent the City Council but there was no
other -
Bird: She's not the official representative of Planning and Zoning, she's there as
an at large, she's been appointed to Planning and Zoning, I don't see any conflict
with it if the rest of you guys don't, I mean she's still an at large appointee, Keith
already represents the Planning and Zoning, I don't see anything wrong with it.
Anderson: Well I'd hate to see us lose her off of there because she's part of the
driving force on that committee so I wouldn't see any problem with it.
Rountree: Glenn?
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MERIDIAN CITY COUNCIL
JUNE 16, 1998
PAGE 42
Bentley: I'd like to see her remain, the only question I've got is if we're not in
conflict with the two positions you know I don't have a problem if that's the case.
Rountree: I would request counsel to check into that but I don't think we are.
Bird: She's not representing - it says a representative of Planning and Zoning,
the Planning and Zoning didn't send her, she was sent - now she is a member,
that I feel that if I'd wanted to I could have stayed on at the Meridian Athletic
Association when I was elected Councilman, I just didn't feel I had the time but
should I be there then because Charlie was representing the City on there so I
didn't feel that I don't see where in reading that ordinance I mean she's not the
Planning and Zoning representative though she is a member of Planning and
Zoning but she is not their representative -
Bentley: Weill think the concern is that the public is going to say are we stacking
city oriented people on a committee and you don't want that, I don't want that
perception and I don't disagree one bit that the amount of work she has done to
help spearhead a lot of this stuff, that is my only concern that we don't get to the
point where we've got people that work here filling up the committee so we don't
have quote unquote public representation on it so -
Bird: I agree with you Glenn --
Anderson: Since this is just informal discussion we have a member of P & Z
here, is there any thought to making Tammy the representative from P & Z since
she has an interest in that?
Rountree: You can come up and talk in the mike, we'll get you on the record
Keith, we'll put you on the spot.
Borup: Keith Borup, on the record. I feel very strongly I think everyone here that
Tammy needs to be in that position. If it did come down to that, that she would
be released because she wasn't Planning and Zoning I would right after that -
probably, I guess it would need to come - since it is appointed by the Mayor I
would have the letter to the Mayor requesting my withdrawal and her appointed
as a P & Z representative. That's basically it because I think she's the one that
needs to be there, I mean she's been the force behind the whole Parks
Commission and we wouldn't be where we are there now without her there so it
would depend on what would happen what I would do and I think as Charlie said
how the Commission's attitude was maybe just kind of let things ride for awhile
and see what happens, if we're forced into a change then that's the decision I
already made that I'd handle it that way.
Rountree: Thanks Keith. My position on the thing is the only concern I have is
exactly what Glenn stated the perception but I think Tammy's the right person for
that job, she really enjoys it and she's got a lot of energy and she's doing great
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MERIDIAN CITY COUNCIL
JUNE 16, 1998
PAGE 43
things for the City so I guess my recommendation is that we have Council make
sure that that is not a direct conflict with the ordinance and if it isn't my
recommendation is that she stay until such time as her terms up and then
consider it then and I think Keith's term's up in October I'll bet.
Bird: Tammy's got two more years, she just was re-appointed last October.
(Inaudible)
Bird: I think you're right the October because the Meridian Athletic Association
and City Council and Yarn Cross was the first year and then Tammy's and
Cherry Lane Golf Course and one of the other - Meridian School was the second
year and then Planning and Zoning and the rest of -- the other three was the third
year.
(Inaudible)
Bird: Yeah, it's a three year deal. .
Anderson: Time flies when you're having fun.
Bird: Yeah, we're coming on the third year.
Rountree: Okay, I don't think we need a motion if we're in general agreement,
just leave it the way it is and have counsel check into it and report back to us.
Okay, I'll let them know that we'll hold. Shari was working with David Eberlee
consultants on capital improvements plan, he went through a first task kind of
identifying what the City has done with capital improvements, he's got a proposal
as a result of a discussion that he had with the Mayor and I at the end of May
about taking the City on into some training so the department heads can get a
sense of capital development, capital improvements programming and planning
as opposed to us contracting with him to develop a capital improvements
program. In other words, teach him how to fish instead of give him the fish. I'll
give you this letter for your consideration, he's asking for a fee not to exceed
$15,000.00 to do the training, to help us with our capital improvements program
the first go around and then get them up to speed to where they can do it. I'm
not asking for approval or what not tonight, just to let you know that that's where
this is coming from so you don't get it cold, you know get copies in your boxes.
That's what that's all about and that was a result of Council past wanting capital
improvement program looked at and getting some changes in the camp plan. I
have a request from Parks Director Kuntz for moving expense to the tune of
$350.00 to help pay for the rental of a U-Haul truck. He's made this request
through the Mayor's office, I'm bringing it before you that as far as I know there
was no indication that the City would participate in the move but there is not
f,
MERIDIAN CITY COUNCIL
JUNE 16, 1998
PAGE 44
precedence one way or the other within the City to do this. What's your
pleasure?
Bentley: For moving what?
Rountree: Moving his household goods and family to Meridian from Pullman.
Anderson: Have we ever done this with any other employee or department
head?
Bird: No.
Rountree: I don't believe we have. The indication from the Mayor is that he
wasn't aware of any and I don't know -
Anderson: And Tom was that indicated to you in your interviews that that was a
possibility?
Kuntz: I inquired as to the fact if there would be any moving allowance, I don't
really remember what the response was to that but I know at one time I was told
that it has not ever been done in the past.
Bird: Who did you talk to regarding that Tom?
Kuntz: Weill think -
Rountree: I think that was one of the questions you had with the interview panel
and I can't quote the answer but I suspect it was don't plan on it and it's not been
past practice of the City but hey you don't find out if you don't ask, right Tom?
Kuntz: Well there is substantial cost to moving a family of five from one state to
~nother and I have no problem with whichever way you decide tonight but I think
$350.00 to move a family of five is fairly minimal to what the actual cost is.
Bird: If it - you know Mr. President I mean this is a policy I think within the City, if
we had hired head hunters and went out looking for people, which we had put
apptications in, the applications come to us, they come and apply to us for a job,
now if I go and apply for a job I feel that if it's in another state or something I
move to it. If they come ask me to come to them then I do that so I - in one part
of the hiring deal - I don't know, I've got mixed feelings about it and it wouldn't
hurt my feelings one way or the other.
Rountree: Mr. Bentley?
Bentley: Well, there was never any mention as part of the job of doing that and I
understand Keith's position too and I think he's correct, although the amount isn't
(
MERIDIAN CITY COUNCIL
JUNE 16, 1998
PAGE 45
(
much I think it's something that Council may have to decide on when they go
looking for jobs because we're going to wind up with people moving from Boise to
Meridian or whatever it's going to be looking at the request and I wish somebody
would have given him a firm answer at the interview panel, maybe that's
something we have to put together with a job package that there are no - there is
or there isn't and make it part of the job offering when we do job descriptions and
job searches that we include in that that there is or isn't any moving expenses.
Anderson: My feelings on it are where we didn't advertise that we would
reimburse for expenses at this time I would think we would be smart to deny it
and if in the future we want to make that part of the compensation package and
set a dollar limit on moving expenses that we will reimburse then we ought to do
that up front and the candidates would clearly know that so at this point I would
make a motion that we deny the reimbursement for moving expenses for Tom
Kuntz.
Bi rd: Second.
Rountree: Motion was made by Councilman Anderson, seconded by
Councilman Bird to deny the request for moving expenses from Parks Director
Kuntz. All those in favor? Opposed?
MOTION CARRIED: All aye.
Rountree: Sorry Tom. Some of this stuffs doubled up.
Anderson: You mean Tom wants reimbursed again?
Rountree: He's a gamer, he keeps trying.
Anderson: Yeah, I know his type.
Bird: We got to watch his budget now.
Rountree: I have a letter back from, I'd better call him Frederick Mack, do you
have a copy of that? I guess the question is do we authorize him to start the
work for the City on a cost reimbursable basis of $130.00 an hour to get the
situation for a sewer extension easement squared away, the infamous one that
we've been working with for two years or more.
Bird: How many?
Rountree: Four years?
Bird: How about four or five years?
(
MERIDIAN CITY COUNCIL
JUNE 16, 1998
PAGE 46
Bentley: I think we gave direction that we need to get this show on the road, it's
tying up an awful lot of potential funds for us and you know with properties being
locked up because we don't have this going and I think we need to proceed with
that, I just - one question, the City Attorney brought up a question on the first
page about the sewer district, is that just some poor wording or - we're not
asking him to set up a sewer district, we're just asking him to (inaudible) the right-
of-way.
Rountree: Just an extension of sewer service for the City sewer and -
Bentley: And just so we get -
Rountree: It's a point of clarification that needs to be made within that we own
our package plant.
Bentley: But outside of that I think we hire the man and get moving.
Bird: I second that.
Rountree: Councilman Bentley moves and Councilman bird seconds to get Mr.
Mach going on the acquisition or condemnation of the property in question for the
extension of the city sewer to the east. All in favor? Opposed?
MOTION CARRIED: All aye.
Rountree: I'll get - Keith, i need to talk to you about this deal that people
spending the City's money without us knowing about it.
Bird: What's that?
Rountree: Fixing the parking lot and then explaining that it's going to come out of
somebody's budget.
Bird: You and I both?
Rountree: Yeah, we'll talk about it and if we need to bring it before the Council
we'll do that. Last thing I have is what's your pleasure for a planning meeting? I
know we have a bunch of proposed ordinance changes that have been
presented to us the last couple of months, do you want to take a go at some of
those? Do you want to start having -maybe take a whack at building a calendar
for the budget cycle so we can get the department heads an idea of when we are
expecting a draft budget and when we're going to shoot for having public
involvement?
Bird: lid like to.
(
MERIDIAN CITY COUNCIL
JUNE 16, 1998
PAGE 47
Bentley: If I may "II give you some dates you need to jot down while you're doing
this process since I won't be here.
Rountree: Okay. Oh, this is your calendar?
Bentley: July 8th and 15th we will be having meetings with the Fire Union.
Rountree: Are these in the evening or all day?
Bentley: In the evening and I will be gone from the 19th through the 30th -
Bird: Of this month?
Bentley: Yes, June. July 2nd through the 5th and then July 20th through August
1 st.
Anderson: He's a postal guy, they don't ever work.
Bird: I was going to say, they must be fire, are you a fireman?
Bentley: "m feeling disgruntled.
Rountree: Now let's be careful.
Bentley: Outside that I'll be here.
Rountree: Well hey I'm envious. But we are scheduled for the 30th for a planning
session so let's - any other potential agenda items?
Bird: He said he'll be back the 30th.
Rountree: Yeah, you'll be here the 30th.
Bird: 19th through the 30th.
Rountree: Ron, do you have anything you want to bring up?
Anderson: I can't think of anything right now but I'll call you if I -
Rountree: Okay and anything else I can dream up "II put on there. Again, we'll
be done by 9:30.
Bentley: We heard that last time.
Rountree: Yeah but everybody decided they were going to bring a guest.
(
MERIDIAN CITY COUNCIL
JUNE 16, 1998
PAGE 48
(
Bentley: I didn't bring a guest.
Bird: It was very informative.
Rountree: That's alii have, --
Bentley: I have one further thing.
Rountree: You have one more, okay.
Bentley: Yes. APA yesterday voted on the membership contribution formulas,
I'm sorry to report that the Mayor and I and several other people lost. Our
original current bill was $17,812.00 per year, our new one will be $18,217.00,
that was alternative F, we wanted an alternative E but we couldn't get that
through, it wound up a 7/7 tie and I wish when something like this is voted on
everybody would have shown up because I think we'd have gotten what we'd
asked for so what it's going to be based on is contributions based on 100%
weighted population proportion except ACHD, what they are weighted at is 65%,
the comment I made is ACHD was pushing so that their contribution wasn't as
much but it makes no sense to me because ACHD taxes everybody around so
instead of them collecting the money and paying it in through taxes we're going
to collect the money and pay it in through the fees so there is virtually no
difference as to where it comes from, I mean I could understand the different
cities arguing the point that they don't want their bill so high but ACHD if the bill's
higher they're just going to raise the taxes to the homeowners or to the property
owners and then it's going to come back that way so - but anyway that's the new
formula.
Rountree: And that goes out of next years budget?
Bentley: Right.
Rountree: Okay, anything else?
Anderson: We haven't seen hide nor hair of our 196 audits that were supposed to
be here -
Bentley: I talked to Janice before she got out the door tonight and she stated
that she had a call in to them today asking them where they were and got no
response back from anyone.
Rountree: The soonest would be next week.
Bentley: That would be my guess, unless they come up with another story.
(
MERIDIAN CITY CO"uNCIL
JUNE 16, 1998
PAGE 49
Rountree: I would like to have just a really brief executive session if somebody
would move.
Bentley: So moved.
Anderson: Second.
Smith: Mr. President, may I ask a question? On the June 30th meeting, is that a
planning meeting for - are budget's going to be discussed at that time or is that
later?
Rountree: I think what we're going to do is put together a calendar of when we're
going to ask the various department heads to come to the budget planning
meetings, when we're going to have those meetings, when we're going to expect
a draft and what we're going to have the preliminary budget hearing so we can
get through this process in some orderly fashion this year than what we did
previously. It's just a scheduling meeting.
Smith: It's just a scheduling meeting then. Okay, thank you.
Bentley: But yours is first and it'll be Monday night.
ENTERED INTO EXECUTIVE SESSION AT 9:47 P.M.
BACK FROM EXECUTIVE SESSION AT 10:17 P.M.
Rountree: No decisions were reached. Any other items, discussion?
Bird: (Inaudible) and I move that we adjourn.
Bentley: Second.
Rountree: Moved and seconded that we adjourn. All those in favor?
MOTION CARRIED: All aye.
MEETING ADJOURNED AT 10:20 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
(
MERIDIAN CITY COuNCIL
JUNE 16, 1998
PAGE 50
ATTEST:
APPROVE:
'.~
D. CORRIE, MAYOR
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, JUNE 16, 1998 -7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: V' RON ANDERSON ~HARLIE ROUNTREE
v' GLENN BENTLEY ~EITH BIRD
tLh.Sf/L1- MAYOR ROBERT CORRIE
MINUTES OF PREVIOUS MEETING HELD JUNE 2, 1998:
1. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING
OF 1.8 ACRES OF TO C-G BY TOM BEVAN - 3020 W. FAIRVIEW AVENUE:
0fPYOVfd -{ r!?r<<llf (jut> rY tLp-rrOV( FFeL )
2. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT
FOR A RETAIL SHOPPING CENTER (CHELSEA SQUARE BY TOM BEVAN -
2030 W. FAIRVIEW: ~
Af?YOldJ -($...n~Yo"~ FFCL iCb\. QUP J-- yrcur! ~ur LVI (1(!/1lftHcJ1J)
3. REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR A HOME DA YCARE: WENDELL & KATHLEEN
LAWRENCE-889N.FILLMOREWAY: _ r1~I-l{lrPf-'
J'/pprovpd- ..approJ,/e FF(!L .J-. :J...pproye (}uP for at> f'o 17 ~ ~~. J)
4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR A SECOND BUILDING FOR A FUEL ISLAND
BY ALBERTSON'S, INC. - SOUTHWEST CORNER OF W. CHERRY LANE & TEN
MILE ROAD:
J"lpPJ'OlF e d F F (! L. -'- Del'l (ed r! lIP
5. REQUEST FOR PRELIMINARY AND FINAL PLAT FOR 2.67 ACRES (L-O) BY
STEVEN K. RICKS FOR MIDTOWN SQUARE NO. 2 FOR LAND LOCATED
SOUTH OF CHERRY LANE AND WEST OF W. 4TH STREET:
Jl-p-provfd p-p .J- F;?,
6. TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT:
Jlfpro v~d
7. SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT:
.-rlp!"rovPcI
8. FINAL PLAT FOR SPARKLING SPRINGS SUBDIVISION BY SPARKLING
SPRINGS DEVELOPMENT CORPORATION - SOUTH OF USTICK AND WEST
OF N. MERIDIAN ROAD:
.Jfppr1Jv{t:! ttmm-Pndfd .p.ltd.s
9. FINAL PLAT FOR THE LANDING SUBDIVISION NO. 10 BY A. LEON BLASER -
EAST OF LINDER ROAD AND SOUTH OF FRANKLIN ROAD:
J/r-provpd FP $ubjf>cf to t!Ja.}'-;t,~JIf):.Jt'(}fl i rOfYl s-fa.t:r
10.FINAL PLAT FOR ENGLEWOOD CREEK ESTATES SUBDIVISION NO.2 BY
ENGLEWOOD CREEK DEVELOPMENT CORPORATION - WEST OF N. TEN
MILE ROAD AND SOUTH OF USTICK:
Jpprovpd FF'
11. DEPARTMENT REPORTS:
A. GARY SMITH:
1. TWO PARTY AGREEMENT BETWEEN ACHD AND CITY OF MERIDIAN -
NW 8TH STREET PARKING AND DRAINAGE SYSTEM.
2. CONTRACT WITH CIVIL SURVEY CONSULTANTS FOR PUMP AND
PUMPHOUSE AT WELL NO. 19.
3. CONTRACT WITH CIVIL SURVEY CONSULTANTS FOR WATER & SEWER
LINES IN MERIDIAN AND FRANKLIN ROAD REBUILD.
(
BEFORE THE MERIDIAN CITY COUNCIL
WENDELL AND KATHLEEN LAWRENCE
CONDITIONAL USE PERMIT FOR A LICENSED CHILD CARE
FOR 13 TO 24 CHILDREN
889 N. FILLMORE ~y
CROSSROADS SUBDIVISION OFF EAGLE ROAD NEAR FAIRVIEW
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearings
April 14, 1998, before the Planning and Zoning Commission, and June
2, 1998, before the City Council, at the hour of 7:30 o'clock p.m.,
the Petitioner, Kathleen Lawrence, appearing in person, the
Planning and Zoning Commission and the City Council of the City of
Meridian having duly considered the evidence and the matter makes
the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. A notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public hearings scheduled for April 14, 1998, and June 2,
1998, the first publication of which was fifteen (15) days prior to
said hearing; that the matter was duly considered at the April 14,
1998, and June 2, 1998, hearings; that the public was given full
opportunity to express comments and submit evidence; and that
copies of all notices were available to newspaper, radio and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
WENDELL AND KATHLEEN LAWRENCE LICENSED CHILD CARE
FOR 5 MORE CHILDREN, FOR A TOTAL OF 1 7 CHILDREN
Page 1.
/-
television stations.
2. This property is located within the City of Meridian and
the Applicant is the owner of the property; that the property is
currently zoned I-L Light Industrial.
The Application stated the
property is zoned I-L; that in the ZONING SCHEDULE OF USE CONTROL,
Section 11-2-409 A., Residential, a Day Care Center is not listed
as a conditional use in the I-L District.
3. The I-L, Light Industrial District is described in the
Zoning Ordinance, 11-2-408 B. 14 as follows:
(I-L) Light Industrial: The purpose of the (I-L) Light
Industrial District is to provide for light industrial
development and opportunities for employment of Meridian
citizens and area residents and reduce the need to
corrunute to neighboring ci ties; to encourage the
development of manufacturing and wholesale
establishments which are clean, quiet and free of
hazardous or objectionable elements, such as noise,
odor, dust, smoke or glare and that are operated
entirely or almost entirely within enclosed structures;
to delineate areas best suited for industrial
development because of location, topography, existing
facilities and relationship to other land uses. This
district must also be in such proximity to insure
connection to the Municipal Water and Sewer systems of
the Ci ty of Meridian. Uses incompatible wi th light
industry are not permitted, and strip development is
prohibited.
4. Conditional Use Permit is defined in the Zoning
Ordinance as follows:
"Permits allowing an exception to the uses
authorized by this Ordinance in a zoning district."
5. The property is located at CROSSROADS SUBDIVISION, Block
5, Lot 6, which is zoned Light Industrial; that the land where
Crossroads Subdivision is located is all zoned I-L but the land was
also later given the right to be developed in a planned uni t
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
WENDELL AND KATHLEEN LAWRENCE LICENSED CHILD CARE
FOR 5 MORE CHILDREN, FOR A TOTAL OF 1 7 CHILDREN
Page 2.
development fashion; that Crossroads Subdivision, an R-4 or R-8
residential development, was allowed to locate in the I-L zone as a
Planned Unit Development-General Planned Residential, because such
is allowed as a conditional use under 11-3-409 A of the Meridian
Zoning Ordinance.
6. The Assistant City Attorney swore in Kathleen Lawrence.
The Applicant wishes to operate a group day care for up to twenty-
four (24) children in her home. Commissioner Maccoy inquired
whether handicapped children will be cared for at the facili ty.
Mrs. Lawrence noted that they would not have handicapped children
cared for at their home. Commissioner Maccoy inquired whether the
gate to the backyard is a lockable gate. Mrs. Lawrence noted that
it is a lockable gate but it has never been locked.
Commissioner
Maccoy noted it is for the protection of the children to keep the
gate locked. Commissioner Maccoy inquired about the subdivision
covenants. Mrs. Lawrence noted that she checked into the covenants
and there is not a problem. Commissioner Maccoy inquired whether
any of the neighbors have been approached about the plans for the
daycare center.
Mrs. Lawrence noted that she spoke wi th the
adjacent neighbors and the one across the street and that neither
of them seem concerned over the plans. Commissioner Maccoy inquired
about a sign. Mrs. Lawrence noted that they would not be using a
sign.
7. Commissioner Smith inquired about the age of the
children presently cared for at the home. Mrs. Lawrence noted that
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
WENDELL AND KATHLEEN LAWRENCE LICENSED CHILD CARE
FOR 5 MORE CHILDREN, FOR A TOTAL OF 1 7 CHILDREN
Page 3.
(
\
they range from a one year old to a nine year old.
Conunissioner
Smith inquired what the maximum age they would care for at the
daycare center. Mrs. Lawrence noted that they have never cared for
anyone over nine, but that as the children get older they may
consider after school care.
8. Commissioner Nelson noted that 24 kids in a residential
neighborhood is more like a commercial enterprise than a
residential daycare center. Commissioner Nelson wanted to know how
they anticipate dealing with 24 kids in a residential setting. Mrs.
Lawrence noted that the Fire Department would probably only license
them for 18 children based on the square footage of their home. She
noted that she would like to stretch that number to 20 kids. She
noted that after the Fire Department submits their number, Central
District Heal th does an evaluation and restricts them further.
Commissioner Nelson inquired as to what areas of the home would be
used for the daycare.
Mrs. Lawrence noted that the family room,
the living room, the larger back bedroom and noted that Central
District Health told her she could use both bathrooms.
9. Commissioner Borup confirmed that the Applicant wishes
to care for 18 children, and inquired whether the Fire Department
or Central District Health has made an analysis at this point. Mrs
Lawrence noted that they would not come out to the home until the
Commission issues a permit. Commissioner Borup noted that the
applicant would like to have twenty children but anticipates only
being able to care for eighteen, based on the available space fpr
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
WENDELL AND KATHLEEN LAWRENCE LICENSED CHILD CARE
FOR 5 MORE CHILDREN, FOR A TOTAL OF 1 7 CHILDREN
Page 4.
(
the daycare center.
10. Commissioner Maccoy noted that this applicant received a
Conditional Use Permi t approximately a year ago for up to (12)
twelve children.
He noted that the permit called for a lockable
gate and yet the gate upon his visi t was not lockable. Mrs
Lawrence noted that she didn't understand that it had to be
lockable, she thought it had to be latchable.
She noted that the
gate can be locked, they just have not kept it locked. Mrs Lawrence
noted that the Fire Department advised her that the gate could not
be locked for the safety of the children.
11. Wendell Lawerence was sworn in by the Assistant City
Attorney. Mr. Lawrence noted that there is an alarm on the gate so
they know when a child goes out the gate. Mr. Lawrence also noted
that they try to be out in the yard whenever any children are in
the backyard.
12 . Connie Weatherby was sworn in by the Assistant Ci ty
Attorney. Mrs. Weatherby noted that she has three children that go
to the Lawrence daycare center and there has never been a problem
with children getting out of the yard. She noted that she is a
neighbor and she has not heard anything negative about the daycare
center.
13. Martin Bolter was sworn in by the Assistant City
Attorney. Mr. Bolter testified that his son has been going to the
Lawrence's daycare for four years and it has always been safe and
that he supports them fully.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
WENDELL AND KATHLEEN LAWRENCE LICENSED CHILD CARE
FOR 5 MORE CHILDREN, FOR A TOTAL OF 1 7 CHILDREN
Page 5.
14. Mike Fairchild was sworn in by the Assistant City
Attorney.
Mr. Fairchild noted that his son goes to the Lawrence
daycare and that he is pleased with the service, quality and
education. He noted that his son has developed more since being in
their daycare.
15. There was no further testimony at the Planning and
Zoning public hearing.
16. The Assistant to the City Engineer, Bruce Freckleton,
and the Planning and Zoning Administrator, Shari Stiles, submitted
COnTInents which are incorporated herein as if set forth in full;
that off-street parking shall be provided in accordance with
Section 11-2-414 of the City of Meridian Zoning and Development
Ordinance; that outside lighting shall be designed and placed so as
not to direct illumination on any nearby residential areas and in
accordance with City Ordinance Section 11-2-414 D. 3.; that no
signage shall be allowed; that sani tary sewer and water to the
facility would be through existing service lines and plans for
sewer and water service will be reviewed to see if the additional
load would j ustify additional assessments; that applicant is to
provide information with regard to anticipated water demand; that
Applicant will be required to enter into an Assessment Agreement
with the City prior to operation; that the use will be a commercial
use and charged accordingly; that a Zoning Certificate and
Certificate of Occupancy for daycare are required prior to
operation; that screened trash enclosures are to be provided in
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
WENDELL AND KATHLEEN LAWRENCE LICENSED CHILD CARE
FOR 5 MORE CHILDREN, FOR A TOTAL OF 1 7 CHILDREN
Page 6.
./
accordance with City Ordinance; that the family child care home
shall not adversely impact surrounding properties due to children's
noise, traffic and other activities; that the Applicant will
provide a copy of the daycare license from the Idaho Department of
Health & Welfare to the City of Meridian; that the operators'
licenses shall be available on the premises for inspection at all
times; that the Applicant shall screen adjacent residential
properties through landscaping and fencing to protect children from
adverse impact and to provide a buffer; that Applicant shall
provide a fence of appropriate height/construction to enclose play
areas;
that if approved,
the Applicant shall schedule an
appointment with the Meridian Fire Department for inspection prior
to operating; that without approval revocation of the conditional
use permit will result; that the Conditional use Use Permit shall
be subject to review upon notice to the applicant. Any violation of
the above conditions shall be cause to revoke a Conditional Use
Permit for a Child Care Center.
17. That the Meridian Fire Chief, Kenny Bowers, requires all
codes be met and that Daunt Whitman from the building department
will need to set the square footage for this conditional use
permit.
18. The Ada County Highway District had the following
comments: This application would not be heard unless the site plan
was changed to require Comission review, that all future design
plans and construction will be in accordance with the ACHD's Policy
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
WENDELL AND KATHLEEN LAWRENCE LICENSED CHILD CARE
FOR 5 MORE CHILDREN, FOR A TOTAL OF 1 7 CHILDREN
Page 7.
Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances, unless
wavied in writing.
19. The
Central
District
Health
Department
submitted
comments pertaining to the wri tten approval from the appropriate
entities they would approve central sewage and water.
Also, they
would require plans be submitted for a plan review for the day
care.
20. Mrs. Lawrence testified at the June 2, 1998, City
Council Meeting, as follows:
We are requesting a permi t for 13
plus children.
Daunt Whitman determined the maximum occupant load
to be 19, which includes my husband and myself.
The greatest
number of children that we could have would be 17. We are licensed
for 12 now, so we are asking for five more chi~dren.
If we were
granted this conditional use permit, all the traffic would be
coming from our subdivision.
Our neighbors have consistently said
that they do
not hear the children we presently care for.
Our
new schedule will allow for only half the children to be outside at
a time.
No increase in traffic will occur since the waiting list
from our subdivision would fill our limit.
Since we have become
established, we really haven't found the need to look outside of
our subdivision for more children.
There are two other day cares in Meridian that are licensed
for more than 13 children that are zoned residential. We are
backed right up to what I assume is going to be commercial zoning,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
WENDELL AND KATHLEEN LAWRENCE LICENSED CHILD CARE
FOR 5 MORE CHILDREN, FOR A TOTAL OF 1 7 CHILDREN
Page 8.
(
l
so I would like you to also consider this in your decision.
21. Dave Barnes noted at the City Council hearing that they
haven't noticed any traffic problems. We never have problems with
the kids making noises.
I see no problem with an increase in the
way that they have run the day care.
I see no problem in the
increase.
22. Mayor Corrie stated: ~You said you only wanted five more
children?
The condi tional use permit is for 13-24, but you are
only asking for five additional"?
23. Kathleen Lawrence addressed the Council again by noting
they are asking for 17.
24. Councilman
Rountree
stated
the
following:
~My
inclination is to try to hold with the precedent that we
established by ordinance." However, Mr. Rountree moved to have the
Findings of Fact and Conclusions of Law revised to indicate an
approval.
25. There was no further testimony given at the hearing.
CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning
Act and of the Ordinances of the Ci ty 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. The City of Meridian has authority to grant conditional
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
WENDELL AND KATHLEEN LAWRENCE LICENSED CHILD CARE
FOR 5 MORE CHILDREN, FOR A TOTAL OF 1 7 CHILDREN
Page 9.
uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of
the Revised and Compiled Ordinances of the City of Meridian.
3. The Ci ty has the authori ty to take judicial notice of
its own ordinances and proceedings, other governmental statutes and
ordinances, and of actual conditions existing within the City and
state of Idaho.
4 . The City of Meridian has authori ty to place condi tions
on a conditional use permit and the use of the property pursuant to
67-6512, Idaho Code, and pursuant to that section conditions
minimizing the adverse impact on other development, controlling the
duration of development, assuring the development is maintained
properly, and on-site or off-site facilities may be attached to the
permit; that 11-2-418 (D) authorizes the City to prescribe a set
time period for which a conditional use may be in existence.
5. Section 11-2-418 D. states as follows:
In approving any Conditional Use, the Commission and
Council may prescribe appropriate conditions, bonds, and
safeguards in conformity with this Ordinance.
Violations of such conditions, bonds or safeguards, when
made a part of the terms under which the Conditional Use
is granted, shall be deemed a violation of the Ordinance
and grounds to revoke the Conditional Use. The
Cormnission and Council may prescribe a set time period
for which a Conditional Use may be in existence.
6. The City has judged this Application for a conditional
use upon the basis of guidelines contained in Section 11-2-418 of
the Revised and Compiled Ordinances of the Ci ty of Meridian and
upon the basis of the Local Planning Act of 1975, Title 67, Chapter
65, Idaho Code, the Comprehensive Plan of the City of Meridian, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
WENDELL AND KATHLEEN LAWRENCE LICENSED CHILD CARE
FOR 5 MORE CHILDREN, FOR A TOTAL OF 1 7 CHILDREN
Page 10.
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the record submitted to it and the things of which it may take
judicial notice.
7. That the Conditional Use Permit shall be treated as being
conducted in an R-8 Residential District and not the Light
Industrial District since the land is developed and used as a
residential subdivision.
8. 11-2-418 (C) of the Revised and Compiled Ordinances of
the Ci ty of Meridian sets forth the standards under which the
Planning and Zoning Commission and the Ci ty Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area and assuming that the above conditions or
similar ones thereto would be attached to the conditional use, the
Planning and Zoning Commission concludes as follows:
a.
The use, would in fact, constitute a
use and a conditional use permit is
ordinance;
conditional
required by
b. The use is designed and constructed to be in
harmonious in appearance wi th the character of the
general vicinity and the use would operate and would be
maintained to be harmonious with the intended character
of the general vicinity and would not change the
essential character of the area. There should not be
too much of an increase in traffic because almost all
of the children cared for live in the subdivision.
c. That the use would not be hazardous and should not
be disturbing to existing or future neighboring uses if
the conditions are met; that traffic should not
increase, and the number of children on site should not
constitute a noise problem.
d. The property has sewer and water service already
connected, and the Applicant may have to pay additional
fees for the use;
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
WENDELL AND KATHLEEN LAWRENCE ~,LICENSED CHILD CARE
FOR 5 MORE CHILDREN, FOR A TO~ OF 1 7 CHILDREN
Page 11.
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e. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community;
f. The use would not involve a use, activity, process,
material, equipment or conditions of operation that
would be detrimental to person, property or the general
welfare by reason of excessive production of traffic and
noise.
g. Sufficient parking for the proposed use would not
be a problem but if approved it needs to meet the
requirements of the City ordinance; and
h. The development and uses will
destruction, loss or damage of a
feature of major importance.
not resul t
natural or
in the
scenic
9. It is recommended that the Conditional Use Permit be
approved.
10. If the permit is granted conditions may be placed upon
the granting of the conditional use permit to minimize adverse
impact on other development and therefore it is recommended by the
Planning and Zoning Corrunission that the following conditions of
granting the conditional use be required, to wit:
a. The children, if outside, shall be maintained in the
fenced area, as required below;
b. There shall be fencing, gates and locks for the outside
play area such that no children can leave the property without
an adult unlocking and opening the gate to let the child or
children out of the play area; no children shall be allowed
outside of the play area or the home without an adult being
present; the fence shall be maintained in god repair and the
children, when outside, shall stay in the fenced area and the
children shall not be allowed outside of the fenced area or
the home, except for drop-off and pick-up times, but an adult
shall be with them at all times if the child or children are
waiting to be picked up;
c. The Applicant shall meet the state of Idaho requirements
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
WENDELL AND KATHLEEN LAWRENCE LICENSED CHILD CARE
FOR 5 MORE CHILDREN, FOR A TOTAL OF 1 7 CHILDREN
Page 12.
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for staff to children ratio;
d. The Central District Health Department and the state of
Idaho Department of Health and Welfare have requirements for
day cares and the Applicant shall meet those requirements of
the Central District Health Department and the state of Idaho
Department of Health and Welfare;
e . The condi tional use, pursuant to the Zoning Ordinance,
shall not be transferable to another owner of the property or
to another property;
f. The Applicant shall meet the requirements of the City
Engineer's office, the Planning and Zoning Administrator, and
other governmental agencies submitting comments.
g. The conditional use should not be restricted to a period
of authorization but may be reviewed, upon notice to the
Applicant, for violation of any conditions imposed herein.
11. The above-conditions are concluded to be reasonable and
if the permit is granted the Applicant shall meet these conditions.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
WENDELL AND KATHLEEN LAWRENCE LICENSED CHILD CARE
FOR 5 MORE CHILDREN, FOR A TOTAL OF 1 7 CHILDREN
Page 13.
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APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Meridian City Council hereby adopts and approves these
Findings of Fact and Conclusions of Law.
ROLL CALL
COUNCILMAN BIRD VOTED
COUNCILMAN ANDERSON VOTED
COUNCILMAN ROUNTREE VOTED
COUNCILMAN BENTLEY VOTED ~
MAYOR CORRIE (TIE BREAKER) VOTED
DECISION AND RECOMMENDATION
The Meridian City Council hereby approves the Conditional Use
Permit requested by the Applicant for the property described in the
application with the conditions set forth in the Findings of Fact
and Conclusions of Law, but the Applicant shall not care for more
than seventeen (17) children, and that the property shall be
required to meet the water and sewer requirements, the fire and
life safety codes, the Uniform Building Code, and other Ordinances
of the City of Meridian. The conditional use shall be subject to
annual review upon notice to the Applicant by the City.
MOTION:
APPROVED: ~
6-11-98 - Final (".-fCc-1t:t>
DISAPPOVED :
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
WENDELL AND KATHLEEN LAWRENCE LICENSED CHILD CARE
FOR 5 MORE CHILDREN, FOR A TOTAL OF 1 7 CHILDREN
Page 14.
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
TOM BEVAN
CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER
(CHELSEA SQUARE)
2030 W. FAIRVIEW
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for a continued
public hearing on April 14, 1998, at the hour of 7:00 o'clock p.m.,
the Applicant's representative, Patrick McKeegan, appearing and the
Planning and Zoning Commission of the City of Meridian having duly
considered the evidence and the matter makes the following Findings
of Fact and Conclusions of Law.
FINDINGS OF FACT
1. A notice of a public hearing on the application for the
conditional use permit was published for two (2) consecutive weeks
prior to said public hearing scheduled on March 10, 1998, and again
on April 14, 1998, the first publication of which was fifteen (15)
days prior to said hearing; that the matter was duly considered at
the March 10, 1998, and April 14, 1998, hearings; that the public
was given full opportunity to express comments and submit evidence;
and that copies of all notices were available to newspaper, radio
and television stations.
2. The property is located within the City of Meridian at
2030 W. Fairview Avenue.
The property is described in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN - CONDITIONAL USE PERMIT
Page 1
application for a conditional use permit, which description is
incorporated herein as if set forth in full. The Applicant is the
owner of record of the property.
3. Pursuant to the application, the property is presently
zoned as C-G, General Retail and Service Commercial. The proposed
use of the property is to construct a retail shopping center. The
Applicant presented a site plan depicting the location of the
proposed use. Pursuant to the application, the Applicant agrees to
pay any additional sewer, water or trash fees or charges,
associated with the use, whether that use be residential,
commercial or industrial.
4. Tom Bevan was sworn in by the Assistant City Attorney
at the March 10, 1998 hearing. Mr. Bevan testified that the new
redesign fits better on the lot and provides greater exposure to
Fairview Avenue.
Mr. Bevan noted that they have a cross use
agreement prepared with Econo Lube and Schucks, but the agreement
has yet to be signed by those parties. He noted that what they
have done is redesign the site so that it fits better on the lot
and provides greater exposure to Fairview Avenue.
Mr . Bevan
noted that the original design was four buildings but they have
redesigned it down to two buildings.
One up front and then one
in the back of the lot.
Mr . Bevan noted the landscape and
parking is in accordance with the City's requirements and he
submitted a design for the Commission's consideration. Mr. Bevan
showed some color schemes, specifically, blue and silver which
pertained to the roof and siding.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN ~ CONDITIONAL USE PERMIT
Page 2
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5. Commissioner Maccoy noted that the drawing submitted by
Mr. Bevan included an excess number of compact parking stalls and
that there should be some sort of a correction. Commissioner
Maccoy inquired about handicapped parking and whether there would
be access on the south side where the handicapped parking is
located. Mr. Bevan noted that an entrance to the building is
located on that side.
6. Commissioner Borup inquired about the color of the trim
and roof of the proposed building. Mr. Bevan noted that the trim
and the roof would be blue along with fascia around the windows.
Commissioner Borup noted that it appears there is the potential
for future access to the property from the east.
Mr . Bevan
confirmed the Commissioner's statement.
7. Conunissioner Smith expressed concern about the compact
parking. He suggested adjusting the aisle in front of building
two and turning the center block, which would change compact
stalls into regular stalls. Mr. Bevan noted that it was a good
idea.
Commissioner Smith inquired about the elevations on
building two, noting that they were not provided for the on the
south and east side of that building. Mr. Bevan noted that the
elevations indicated on the other building would be similar to
building two but the glass in the back would not be as prevalent.
Commissioner Smith inquired about an alley being paved. Planning
and Zoning Administrator Stiles noted that it was a requirement
from the Fire Department that twenty feet be paved. Mr. Bevan
noted that one hundred and fifty four feet were paved.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN - CONDITIONAL USE PERMIT
Page 3
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Commissioner Smith inquired about a trash enclosure, as one was
not depicted on the plans.
Mr. Bevan noted that it might not
have been noted on the plan. Commissioner Smith stated that one
should be identified for the City Council's consideration. Mr.
Bevan confirmed that he would include one in the plans.
Commissioner Smith noted that the landscaping appears to be vague
and there will need to be some clarifications before final
approval.
Commissioner Smith noted his concern about a silver colored
building. He also noted that he is familiar with drivit, but not
silver drivit. Mr. Bevan noted that the color is similar to the
Gap store near the Boise mall. Commissioner Smith inquired about
the signage for both the building and the development as it was
not indicated on the site plan. Mr. Bevan noted that it would be
a monument sign for the development and a small sign for each
tenant on the building. Commissioner Smith noted that he felt it
would be beneficial for the City Council to view an example of
your sign proposal.
Mr. Bevan agreed with Commissioner Smith's
recommendation.
8. Commissioner Maccoy inquired about the lighting for the
proposed building, as it was not shown on the plans. Mr. Bevan
noted that he would add it to the plans for the City Council.
9. Planning and Zoning Administrator Stiles noted some
additional items that she would like to see included in the site
plans. She noted that the trash enclosures were not on the plans,
the Wilson Lane improvements need to be shown, the ADA access
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN - CONDITIONAL USE PERMIT
Page 4
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aisle and the trees need to be shown on the plan. She noted that
there are 32 trees required with the paved area. She noted that
she would like to see the proposed signage and a clarification
from Ada County Highway District about whether they are measuring
from the centerline or sectionline. She noted that they need to
show the sidewalk on Fairview and it needs to be constructed.
She noted that there is no cross access to the adjacent lot at
Econo Lube. She noted that they would be willing to entertain
maybe a point of access, but the double stacking with contiguous
access there would not be approved.
She noted that she would
like to see the lighting as was suggested and the existing and
proposed utilities as part of this plan. Mrs. Stiles noted that
the plan has come a long way from the first elevations they
received, but she still thinks there is a lot work to comply with
the ordinance and to present a submittal that is complete.
10. Commissioner
Smith
inquired
about
the
54-foot
requirement and whether it was from the center line or section
line.
Administrator
Stiles
noted
that
she
would
like
clarification from ACHD that they mean the section line and not
the centerline as it might have a serious impact on the project.
Mr. Bevan noted that he would get some clarification on the
project plans.
11. Commissioner Borup inquired about the cross access
agreement and whether the landscape barrier would be removed.
Mr. Bevan noted that the barrier would be removed.
12. Chairman Johnson, Commissioners Smith and Borup noted
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN - CONDITIONAL USE PERMIT
Page 5
that there are a considerable number of unresolved issues
pertaining to this project and that it may be wise to continue
the public hearing to allow the applicant to address the above
noted concerns. The Planning and Zoning Cormnission by motion
continued the public hearing until the April 14th meeting to give
the applicant an opportunity to resolve the Commission's
concerns.
13. The public hearing was continued until April 14, 1997
14 . Bruce Freckleton, Assistant to the City Engineer, and
Shari Stiles, Planning and Zoning Administrator, have submi tted
comments, which respective comments are incorporated herein as if
set forth in full.
15. The
Meridian
Fire
Department,
Meridian
Police
Department, Meridian Sewer Department, Meridian Water Department,
Central District Health Department and Nampa & Meridian Irrigation
District
submi tted conrrnents,
which respective comments are
incorporated herein as if set forth in full.
16 .. Additional testimony from the continued public hearing
of April 14, 1998 included the following public testimony.
17. The Assistant City Attorney swore in Patrick McKeegan.
He stated that he was not at the last hearing, and it was his
understanding the Commission had a number of questions and concerns
about the plot plan.
He noted that all the concerns have been
addressed, including the Ada County Highway District.
The site
plan has been revised so that all the required parking is
maintained on site without requiring access to any of the adjacent
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN - CONDITIONAL USE PERMIT
Page 6
( (
pieces of property. He noted that they have met with Shari Stiles
and Skip Voss, the Fire Marshall, who have approved the site
configuration. On the plan, the existing larger trees will try to
be saved during construction.
The smaller trees meet the City's
requirements for one three-inch caliper tree for every 1500 square
feet of parking area.
The building site is approximately 20,000
square feet.
The 20, 0000 square feet has been broken into two
buildings, with the building in front in line with the building in
the back. This was done to obtain the required parking on the site
without having to use the property to the west for access. Between
the two buildings there will be a courtyard and a clock tower. The
only variance requested is along the west property line where there
are eight parking spaces, but they are requesting the parking be
compact spaces in depth only, otherwise the spaces will be the full
nine feet width, and they are not requesting the minimum depth. He
noted that the reason for the request is to maintain a five-foot
landscaped strip along that parking of the west side of the
property line. He noted that this is the side next to Econo Lube.
Econo Lube will have a seven foot wide landscape strip on the
other side and the compact spaces would not be a detriment as the
cars would actually be able to pull up to the curb and overhang
into the landscaping because of the site width. This area had to
be reduced in length to eighteen feet instead of the required
footage.
The trash enclosure will now be located behind the
building. The required streetlights will be at the entrances, with
some additional lighting in the parking areas. There will be some
. FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN - CONDITIONAL USE PERMIT
Page 7
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light sconces provided for lighting at the pedestrian walkways and
other areas. He noted that depending upon the tenants there would
be glazing for building A on the northeast, west, and the south
side opening into the courtyard.
He noted that i t would depend
upon the tenants. Building B will primarily be glazed on the north
side facing the courtyard with the west and north side on the
parking.
This side is anticipated to be retail type businesses,
with the backsides, the south and east walls, of the building used
for deliveries and access.
These sides will have sidewalks and
doors. The building will be that of a commercial type and the use
of different materials, colors and textures will be incorporated.
He noted that they are going with a light gray building with kind
of a dark gray band and then two different colors of green
accents to accentuate the fascia band. The clock tower is going
to have a functional clock in it with a painted metal frame to
act as kind of an accent and a focal point for the center of the
development. He requested that the Commission approve the project
as it is now submitted. He noted that they have indicated the
extension of the utilities down Wilson Lane from the west where
they pick up at the Econo Lube property and the Econo Lube is
constructing those utilities and expects to have those done
either this week or at the end of next week.
18. Commissioner Maccoy commented on the site lighting
pertaining to seeing only three standards in the beginning, one
at Wilson and one in the middle of a property. He questioned if
three was the total for the lighting. Mr. McKeegan stated uThe
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
TOM BEVAN - CONDITIONAL USE PERMIT
(
two at the driveways are the required ones, the streetlights like
I indicated, we have another one showing in the parking area and
then we are going to have lighting on the building on approximate
sixteen-foot centers and that's going to be a high light sconce
on the fascia which will light in front of the buildings. At the
point that we've approved for this we're going to hire an
electrical engineer who will then do a study of the site and do
the calculations to determine if we need more lighting and
obviously we're not going to leave people out in the dark we want
people to be able to see the buildings at night, we want people
to be able to come to this building and feel safe and we're going
to provided whatever lighting is prudent under the circumstances.
It's not our intention to skimp on the lighting it's not in our
best interests to have people out there tripping and putting
themselves in danger. Your comment's well taken." Mr. McKeegan
continued by commenting that the large triangular elements were
sconce type lighting.
19. Commissioner Maccoy questioned the trash area for
building A and B, and if it was going to be in one location
behind B. Mr. McKeegan responded that it was, and there would be
a sidewalk that connects down the east sides of buildings A and
B. The trash area will depend upon the type of tenants and the
amount of trash accumulated from them.
He noted that they will
fill whatever need for trash dumpsters, and no trash will be
allowed to pile up.
20. Commissioner Maccoy questioned if the handicapped
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN - CONDITIONAL USE PERMIT
Page 9
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parking spaces had a ramped area.
Mr. McKeegan noted that it
would be a drop zone design that feathers up rather than a ramp
that goes out into the parking area.
Commissioner MacCoy
questioned what the plans were regarding the signage. Mr.
McKeegan noted that the signage would be up to the individual
tenants.
Conunissioner Maccoy noted that the City has
requirements for the size of signs. Mr. McKeegan noted that they
would be in accordance with the sign ordinance. He noted that the
panel is approximately four-feet high by twelve to sixteen-feet
wide and that could be either individual letters or it could be a
box type sign. He noted the plans show a monument sign out at the
north driveway at Fairview Avenue seventy-two square feet, which
would identify the center itself. Commissioner Maccoy stated he
was just looking for uniformi ty in the whole complex. Mr.
McKeegan assured him there would be some criteria and would be
uniformity and consistency.
21. Commissioner Smith noted that the setback on Fairview
Avenue was already worked out with ACHD, but that last, month
there was a question on whether there was a conflict on the
center line or section line. Mr. McKeegan stated, ~It was from
the center line of street and it's the same criteria that they
imposed on the Econo Lube project next door that I did so we -
our twenty-five foot setback is from the new property line at the
front of the site it's not from the existing.H
22. Commissioner Smith inquired about the signage and
wanted Mr. McKeegan to expand on what type of tenants the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN - CONDITIONAL USE PERMIT
Page 10
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building would house, professional office, retail or whatever the
mar ket demands.
Mr. McKeegan noted that they are just sending
out proposals and it could be ei ther office or retail at this
point but noted it would not be a lot of signage unless it was a
national client. Commissioner Smith expressed his concern about
the signage because he believes there is an abundance of poor
signage on Fairview Avenue.
He would like to see some type of
graphics on the glass of the building, in the windows, so that it
doesn't jump out at a person. He noted that he would like a sign
submitted to the City Council for their approval. Commissioner
Smith also wanted to know the type of siding they envision for
the project. Mr. McKeegan noted that it would probably be just a
wide lap residential type or the type you see on conunercial
buildings, and they're putting it on the east and south side
areas.
There will be a four-foot wains coat of masonry so that
the hand trucks, carts, and stuff will be hauled down there and
the building will not get torn up.
Mr . McKeegan continued by
stating, ~It'll be a probably a gray tone to match the EIFS or
the drivit system, the stucco system.
23. Commissioner Smith commented on the 1/3 parking at the
rear of the building. He noted that the way it is designed the
access to the buildings is going to be from the west and north
side of building B. Mr. McKeegan noted that was correct and that
they anticipated the parking on the south side would be primarily
for employees and overflow. Commissioner Smith noted that there
was no real pedestrian link between the parking lot and the front
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN - CONDITIONAL USE PERMIT
Page 11
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of the building, and that a person would have to go in, unless
they went around the east side.
Mr. McKeegan acknowledged that
would be correct.
24. There was no further testimony given at the hearing.
25. Bruce Freckleton, Assistant to the City Engineer, and
Shari Stiles, Planning and Zoning Administrator, addressed the
following comments in regards to the specific site plan as
follows:
1. Sanitary sewer service to this site will be via an
extension of an existing mainline located in Wilson
Lane. Approval of this application needs to be
contingent upon our ability to accept the additional
sanitary sewage generated by this proposed development.
Applicant will be responsible to construct the sewer
mains to and through this proposed development.
Subdivision designer to coordinate main sizing and
routing with the Public Works Department. Sewer
manholes are to be provided to keep the sewer lines on
the south and west sides of centerline.
2. Water service to this site will be via extensions of an
existing ten-inch diameter main located in Wilson Lane.
Applicant will be responsible to construct the water
mains to and through this proposed development.
Applicant is to coordinate main sizing and routing with
the Public Works Department.
3. High-pressure sodium streetlights will be required at
locations designated by the Public Works Department.
All streetlights shall be installed at Applicant's
expense. Typical locations are at street intersections
and/or fire hydrants.
4 .
Provide parking lot lighting plans to the
Public Works Department. Illumination of
shall be designed to not cause glare or
impact neighboring residential properties
traveling public, as determined by the
Meridian.
Meridian
the si te
adversely
or the
City of
5. A drainage plan designed by a state of Idaho licensed
architect or engineer is required and shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN - CONDITIONAL USE PERMIT
Page 12
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submitted to the City Engineer with calculations (Ord.
557, 10-1-91) for all paved areas. All site drainage
shall be contained and disposed of on-site.
6. The requirements for D&B Supply called for a mlnlmum
25-foot-wide berm beyond required right-of-way along
Fairview Avenue. The Econo-Lube Subdivision, directly
to the west of the proposed site, must also meet this
requirement. The Owner/Applicant on this project shall
construct a berm adj acent to the south right-of-way
line of Fairview Avenue a minimum of 25 feet in width
ranging in height above the grade of the adjacent
parking area from two feet to four feet.
The Fairview Avenue berm will be landscaped and
sprinkler irrigated in accordance with a detailed
landscape plan to be submitted by developer and
approved by the City. Said plan shall be submitted for
review and approval prior to submittal of a building'
permit application. A minimum of one three-inch
caliper tree per 1,500 square feet of asphalt is
required.
Applicant should provide certification by a landscape
architect that three-inch caliper trees would thrive in
the four-foot-wide planter area and at spacing shown.
Bumpers overhanging the planting strips would
compromise the viability of trees in this area.
7. Comply with ACHD policy/approval for location and width
of accesses and any necessary cross access agreements.
A copy of the recorded warranty deed for additional
right-of-way on Wilson Lane and Fairview Avenue, along
with a letter of approval from the Ada County Highway
District, is required prior to obtaining a building
permit. The full right-of-way width needs to be
dedicated on Wilson Lane to allow construction of
utilities.
8 . Permanent easements will need to be dedicated across
the property for extension of public utilities.
9. Applicant will be required to construct curb, gutter
and five-foot-wide sidewalk along the frontage of
Wilson Lane, and five-foot-wide separated sidewalk
along the frontage of Fairview Avenue. All pedestrian
walkways within the development should be a minimum of
five feet wide.
10. All parking stalls are to be a minimum of 9'x19' with
25' driveways per City Ordinance. The parking layout
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN - CONDITIONAL USE PERMIT
Page 13
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shown does not meet these requirements. Compact stalls
may only be approved with the approval of the Planning
and Zoning Commission. Based on a square footage of
8,000, 40 parking spaces are required. The number of
parking spaces proposed exceeds this requirement;
however, required spaces will be based on indi vidual
tenant square footages. The four-foot-wide landscape
medians should be removed and wider landscape islands
provided at each end of the center parking areas.
11 . Provide signage for handicapped accessible stalls in
accordance with ADA.
12. All signage shall be in accordance with the standards
set forth in Section 11-2-415 of the City of Meridian
Zoning and Development Ordinance, the Uniform Sign
Code, and shall receive design approval of the Planning
and Zoning Department. A-frame and other temporary
signs will not be permitted and will be removed upon 3
days notice to the Applicant. Sign permits are needed
for all signage. Applicant indicates a single monument
sign for all tenants of the center, and only one such
sign is approved along the Fairview Avenue frontage as
a condition of approval. Council may want to
specifically review individual signage.
13. Screened trash enclosures are to be provided per City
Ordinance. Coordinate dumpster site locations with the
City's solid waste contractor, Sanitary Services, Inc.,
Provide verificatio-n from Sanitary Services that the
14-foot driveway width is adequate for garbage trucks.
Locate dumpsters so as not to impede fire access. The
Fire Marshal has indicated that, unless all buildings
are provided with a fire protection system, the minimum
unencumbered driveway width around all buildings is 20
feet.
14 . The orientation of the buildings would not appear to
lend itself to very desirable curb appeal and
visibility for tenants wishing to locate here.
15. The photocopied view of the proposed building indicates
split masonry would be used, although the view does not
appear to depict this type of material. Please present
additional information (i.e., photographs) of the
actual construction materials. The P&Z Commission may
also request elevations and color schemes for the
entire development.
16. Significant changes from the site plan approved under
this conditional use permit, as determined by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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Planning and Zoning Administrator, will require re-
noticing and rehearing before the Planning and Zoning
Commission and Council.
26. Kenny Bowers, Meridian Fire Chief, commented that the
address needed to be changed, as the property is on the south
side of Fairview. The hydrants, fire-water flows, and all codes
will need to be met.
27. The Central District Health Department's comments
regarded written approval to be submitted for central sewage and
water.
Plans for the central sewage and water are to be
submitted for approval.
Run-off is not to create a mosquito
breeding problem, and storm water run-off should flow into a
grassy swale before discharge to the subsurface.
28. Nampa & Meridian Irrigation District will require that
a Land Use Change/Site Development application be filed for
review prior to the final plat. All lateral and wasteways must
be protected. If any surface drainage leaves the site, the Nampa
& Meridian Irrigation District must review drainage plans. The
developer must also comply with Idaho Code 31-3805.
It is also
recommended that irrigation water be made available to all
developments within the Nampa & Meridian Irrigation District.
29. Bruce Stuart, Superintendent of the Water Department,
added his comments as follow:
1. The 10" water line on Wilson Lane to continue
East, with fire hydrants and fire lines.
2. The 8" or lOH water main on E. Fairview, south
side be extended in front on this property for
domestic use and fire hydrant protective, and fire
line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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CONCLUSIONS OF LAW
1 . 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 wi thin 300
feet of the external boundaries of the property.
2. The City of Meridian has authority to grant conditional
uses pursuant to Idaho Code, Section 67-6512, and pursuant to 11-2-
418 of the Zoning Ordinance of the City of Meridian.
3 . The City has the authority to take judicial notice of
its own ordinances, other governmental statutes and ordinances, and
of actual conditions existing within the City and the State.
4. The property is currently zoned (CG) General Retail and
Service Commercial.
The
(CG) , General Retail and Service
Commercial is described in the Zoning Ordinance, 11-2-408 B 8 as
follows:
(CG) General Retail and Service Commercial - The purpose of
the (CG) District is to provide for commercial uses which are
customarily operated entirely or almost entirely within a
building; to provide for a review of the impact of proposed
commercial uses which are auto and service oriented and are
located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as
well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the
Municipal Water and Sewer systems of the City of Meridian, and
shall not constitute strip commercial development and
encourage clustering of commercial development.
5. Conditional Use Permit is defined in the Zoning
Ordinance as "Permits allowing an exception to the uses authorized
by this Ordinance in a zoning district."
6. The City of Meridian has authority to place conditions
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN - CONDITIONAL USE PERMIT
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on a conditional use permit and the use of the property pursuant to
Idaho Code,
Section 67-6512,
and pursuant to that section
conditions minimizing the adverse impact on other development,
controlling the duration of development, assuring the development
is maintained properly, and on-site or off-site facilities may be
attached to the permit; that 11-2-418 (D) authorizes the City to
prescribe a set time period for which a conditional use may be in
existence.
7. Section 11-2-418 D. states as follows:
In approving any Conditional Use, the Commission and
Council may prescribe appropriate conditions, bonds, and
safeguards in conformity with this Ordinance.
Violations of such conditions, bonds or safeguards, when
made a part of the terms under which the Conditional Use
is granted, shall be deemed a violation of the Ordinance
and grounds to revoke the Conditional Use. The
Commission and Council may prescribe a set time period
for which a Conditional Use may be in existence.
8. This Application for a conditional use has been judged
upon the basis of guidelines contained in Section 11-2-418 of the
Zoning Ordinance of the City of Meridian and upon the basis of the
Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the
Comprehensive Plan of the City of Meridian, and the record
submitted to it and the things of which it may take judicial
notice.
9. Section 11-2-418 C of the Zoning Ordinance of the City
of Meridian sets forth the standards under which the Planning and
Zoning Commission and the City Council shall review applications
for Conditional Use Permits.
Upon a review of those requirements
and a review of the facts presented and the conditions of the area,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN - CONDITIONAL USE PERMIT
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assuming that the above conditions or similar ones thereto would be
attached to the conditional use, the Planning and Zoning Commission
concludes as follows:
a. The use, will in fact, constitute a conditional use
and a conditional use permit would be required by
zoning ordinance;
b . The use will be harmonious wi th and in accordance
with the Comprehensive Plan and the Ordinance;
c. The use will be designed, constructed, operated and
maintained to be harmonious and appropriate in
appearance with the existing or intended character
of the general vicinity, and that such use will not
change the essential character of the same area;
d. The use will not be hazardous or disturbing to
existing or future neighboring uses;
e. The use will be served adequately by essential
public facilities and services such as highways,
streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that
the person responsible for the establishment of
proposed conditional use shall be able to provide
adequately any such services;
f. The use will not create excessive additional
requirements at public cost for public facilities
and services and the use will not be detrimental to
the economic welfare of the community;
g . The use will not involve uses , activities,
processes, materials, equipment and conditions of
operation that will be detrimental to any persons,
property or the general welfare by reason of
excessive production of traffic, noise, smoke,
fumes, glare or odors;
h. The use will not have vehicular approaches to the
property which will be so designed as to create an
interference with traffic on surrounding public
streets; and
i. The development of the property will not result in
the destruction, loss or damage of a natural or
scenic feature of major importance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN - CONDITIONAL USE PERMIT
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10. That since conditions may be placed upon the granting of
a conditional use permit to minimize adverse impact on other
development, it is decided that the above noted conditions from the
Assistant City Engineer, the Planning and Zoning Administrator, the
Meridian Fire Chief, Central District Health, Narnpa & Meridian
Irrigation District, the Water Department and any and all other
government departments and agencies submitting comments, shall be
met.
11. The above noted conditions are concluded to be
reasonable and the Applicant shall meet those conditions.
12. It is recommended that the request for the conditional
use permit be granted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER BORUP
VOTED
COMMISSIONER MACCOY
VOTED
COMMISSIONER SMITH
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED 1( fA- /
/
VOTED ~:J-
COMMISSIONER NELSON
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that it grant the
Conditional Use Permit requested by the Applicant for the property
described in the Application. However, should the Application be
approved, the Applicant shall satisfy the conditions set forth in
the Findings of Fact and Conclusions of Law or similar conditions
as found justified and appropriate by the City Council and that the
property be required to meet the water and sewer requirements, the
Fire and Life Safety Codes,
Uniform Fire Code,
parking
requirements, and the paving and landscaping requirements, and all
Ordinances of the City of Meridian. The conditional use should be
subject to review upon notice to the Applicant by the City.
MOTION:
APPROVED: y
5-5-98 - Final
~(p1 tJf
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
TOM BEVAN ~ CONDITIONAL USE PERMIT
Page 20
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APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council Hereby adopts and approves these Findings of
Fact and Conclusions.
ROLL CALL
COUNCILMAN BENTLEY
VOTED
COUNCILMAN BIRD
VOTED
COUNCILMAN ROUNTREE
VOTED
COUNCILMAN ANDERSON
VOTED
MAYOR CORRIE (TIE BREAKER)
VOTED
DECISION
The Meridian City Council hereby decides, based on these Findings of
Fact and Conclusions of Law, the Conditional Use Permit requested by the
Applicant for the property described in the Application is denied.
MOTION:
APPROVED: e.-~ 12-
L,,-1(.1~
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
TOM BEVAN - CONDITIONAL USE PERMIT
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BEFORE THE MERIDIAN CITY COUNCIL
ALBERTSON'S, INC.
CONDITIONAL USE PERMIT FOR A SECOND BUILDING ON A SINGLE LOT
FOR A PROPOSED FUEL ISLAND KIOSK
SOUTHWEST CORNER OF W. CHERRY LANE & TEN MILE ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing before the Planning
and Zoning Commission on May 12, 1998, and before the City Council on June 2, 1998, at
the hour of 7:00 o'clock p.m., for the Commission and 7:30 o'clock p.m. for the City Council,
the Applicant, appearing through its representative, Ken Howell, the City Council of the City
of Meridian having duly considered the evidence and the matter makes the following
Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
1. A notice of a public hearing on the application for the conditional use permit
was published for two (2) consecutive weeks prior to said public hearing scheduled on May
12, 1998, for the Planning and Zoning Commission and June 2, 1998, for the City Council
the first publication of which was fifteen (15) days prior to said hearing; that the matter was
duly considered at the May 12, 1998, and June 2, 1998, hearings; that the public ~~s given
full opportunity to express comments and submit evidence; and that copies of all notices
were available to newspaper, radio and television stations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N)
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2. The property is located within the City of Meridian the address is listed in the
application as the southwest corner of Cherry Lane and Ten Mile Road. The property is
described in the application for a conditional use permit, which description is incorporated
herein as if set forth in full. The Applicant is the owner of record of the property.
3. Pursuant to the application, the property is presently zoned as C-N,
Neighborhood Business District. That the Neighborhood Business District is defined in the
Zoning Ordinance at 11-2-408 B. as follows:
(C-N) NEIGHBORHOOD BUSINESS DISTRICT - The purpose of the (C-N) District
is to permit the establishment of small scale convenience business uses which are
intended to meet the daily needs of the residents of an immediate neighborhood (as
defined by the policies of the Meridian Comprehensive Plan); to encourage
clustering and strategic siting of such businesses to provide service to the
neighborhood and avoid intrusion of such uses into the adjoining residential districts.
All such districts shall give direct access to transportation arterial or collectors, be
connected to the Municipal Water and Sewer systems of the City of Meridian, and
shall not constitute all or any part of a strip development concept.
4. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permit
allowing an exception to the uses authorized by this ordinance in a zoning district.
5. The proposed use of the property is to operate a fuel island kiosk. The
Applicant presented a site plan depicting the location of the proposed use. Further,
pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash
fees or charges, if any, associated with the use, whether that use be residential or
commercial.
6. Craig Slocum was sworn in by the Assistant City Attorney. Mr. Slocum
testified that Albertson's would like to construct an express fuel facility at the northwest
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N)
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corner of the existing Albertson's center at Ten Mile and Cherry Lane Road. Mr. Slocum
noted the closest existing gas facility is over a mile away. Mr. Slocum noted that the plan
calls for constructing a 70 foot kiosk with limited product sales. There will be three (3) fuel
dispensing locations and a covered canopy. The current location has paved aisles and
parking spaces. Mr. Slocum noted that they are proposing moving 16 parking spaces,
however the center would still meet the applicable landscaping and parking ordinances of
the City of. Meridian. Mr. Slocum noted that the applicant has read the comments from the
City staff and from A.C.H.D.
7. Commissioner Johnson inquired if the proposed location is still over the
subsurface drainage. Mr. Slocum noted that a portion of the construction would impede on
the existing storm drainage system. He noted that Albertson's engineers have looked at
the project and do not see a problem in meeting both the Meridian City Engineer's
comments or any of the Commission.
8. Commissioner Smith inquired why the proposed building materials do not
match the existing Albertson's store. Mr. Slocum noted that Albertson's is putting in a
nu~ber of these facilities and it is a firm that is working on the project. Commissioner Smith
noted that the proposed fuel island does not look like the one in Eagle. Mr. Slocum noted
that the store in Meridian does not look like the store in Eagle. Commissioner Smith noted
that he is requiring that the kiosk match the store in appearance and materials and that the
kiosk match the color scheme of the store and the materials of the store. Commissioner
Smith inquired about the height of the canopy. Mr. Slocum noted that it is 17 feet, six
inches. Commissioner Borup noted that he thinks there could be some movement in a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N)
stucco design and that is one of his concerns if it becomes a stucco design. Commissioner
Smith stated that the building would cost more if constructed in stucco that is why
Albertson's is not doing it that way.
9. Gordon Bates was sworn in by the Assistant City Attorney. Mr. Bates noted
that Albertson's concern is over the aesthetics of the project. He noted that their main
thought was to design a fuel island that would be recognized as an Albertson's enterprise,
much the same way people recognize Chevron. Mr. Bates noted that the stucco is possible
but that it is not as clean of an image as what they proposed. Commissioner Borup
inquired that they are trying to go with a light and blue COIOf. Mr. Bates noted that it is an off
white to gray color for the main body color and then a Albertson's standard blue and light
blue striping. Mr. Bates noted that it is a flexible issue and they are open to what the City
would like to do. He noted that they would prefer to go with the standard package because
of the cost savings and materials.
10. Bob Charters was sworn in by the Assistant City Attorney. Mr. Charters
noted that he is concerned about the gas station affecting the value of his property. He did
not understand why a gas station is needed in that location next to a grocery store. He was
concerned about gas fumes and the ability to use his backyard in the summertime because
of the people pumping gas across the street.
11. Bruce Freckleton, Assistant to the City Engineer, submitted comments, which
respective comments are incorporated herein as if set forth in full. The proposed fuel station
will occupy space that is currently occupied by a very significant sub surface drainage
facility. This drainage facility is the point of disposal for the storm drainage water for the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N)
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majority of the parking lot. The system consists of a series of collection catch basins
connected to a subsurface drain field. He has been in contact with the State of Idaho
Division of Environmental Quality, (DEQ) and Mr. Paul Lawrence with CSHQA Architects
regarding the proposed design of the fuel station site. CSHQA's proposal is to relocate
whatever portion of the existing drainage facility is necessary to satisfy the requirements for
the station. He asked DEQ for some design criteria for this type of installation. He
anticipates that the requested information will be attained shortly. Outside lighting shall be
designed and placed so as not direct illumination on any nearby residential areas and in
accordance with City Ordinance Section 11-2-414.0.3. All signs shall be in accordance
with the standards set forth in 2-415 of the City of Meridian Zoning and Development
Ordinance. Water to this facility would be via existing service lines. Assessments for water
service will be reviewed to see if additional load would justify an adjustment. Applicant is to
provide any information they may have in regards to their anticipated water demand.
Applicant will be required to enter into an Assessment Agreement with the City of Meridian.
12. The Meridian Fire Department, Meridian Police Department, Meridian Sewer
Department, Meridian Water Department, Central District Health Department and Nampa &
Meridian Irrigation' District submitted comments, which respective comments are
incorporated herein as if set forth in full.
13. At the City Council hearing on June 2, 1998, the Applicant had its
representative testify, and there was also testimony from members of the public. In the
paragraphs set forth hereafter the testimony of all the people testifying will be synopsized.
14. Ken Howell noted that this is a conditional use permit for a second
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N)
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building for a fuel island. We applied for a conditional use permit on this site because
P & Z staff determined that this could be a second principal detached building and not
an accessory building under Meridian City Code 2-405 subsection G. It's our position
that this is in fact an accessory building and that no CUP is needed. The definition of
an accessory building under 2-403 is a subordinate building detached from but located
on the same lot as the principal building. The use of which is incidental and accessory
to that of the main building or use should not need a separate conditional use permit.
We are concerned here because the generation of excessive traffic, noise,
odors and smoke would materially effect our retail grocery operation, and we have a
vested interest in assuring that those things simply do not happen.
The Findings of Fact and Conclusions noted that the color scheme and
construction materials would not be harmonious with the appearance and character of
the general vicinity. It's our position that this proposed fueling station in particular,
with regards to the color scheme, is not inappropriate to the character of the general
vicinity. The statute does not require that the appearance be identical to the
surrounding vicinity, it only requires that it be compatible. The principle store of the
building where the grocery operations are carried out is block construction with some
stucco above however the color scheme of the fueling station is compatible and does
tie in with the signage, color scheme and corporate logo of the Albertson's grocery
store, and this would be our position that this is in fact harmonious and appropriate in
appearance with the existing general vicinity. It's our contention that this development
as proposed is in fact harmonious with the general site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N)
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The second concern is that of traffic, ACHD determined that there would be
approximately 350 new trips generated to the site. I think this meets very nicely the
requirements and concept of the C-N zone to concentrate neighborhood uses in a
particular area, reduce trip generation and basically result in kind of a one stop
shopping. The concern about traffic is that its not the total traffic in and out of this site,
rather it is the flow on site. The northwest corner is the least used site for parking
and it leaves open this area for parking in the store, reduces cars having to come in
and travel in through here. We think ACHD's probably about right in it's estimation of
350 additional trips per day.
Two other issues. One is glare. Albertson's itself is concerned about the glare
on the site and the impacts on the neighbors. The western side of the fueling station
contains no lighting. There is no lighting which is going off site from that side. The
lighting on this particular kiosk is all downward focus, downward cast and downward
adjusted.
One final point and it's regarding the generation of fumes, odors and smoke.
The operation of a fueling center on this site is a permitted use. It's certainly to
Albertson's interest not to generate excessive or any fumes or odors. The general
experience of Albertson's is that there simply isn't any excessive generation of odors off
the site from fueling operations.
The concern is really whether this small 70 square foot kiosk is another principle
building or whether itls an accessory building.
15. Stanton Kelly noted he heard about the lighting. This will be eye level to
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my master bedroom. The only reason I can see from moving it from here (in the
northeast corner) to here (in the northwest corner) is because it's probably a damn
eyesore for Albertson's in front of their building. It certainly doesn't help my property
value one bit. It's a gas station with doors slamming late at night, with cars coming and
going, boom boxes, lighting, the whole thing. I just feel like if it was a bank or a
dentists office or a doctors office I wouldn't have any complaints but a gas station, a bar
or whatever that goes all hours of the night, I really strongly protest.
16. Maryann Christman noted that she lives directly back behind this canal
here and I represent approximately 40 people. I am very concerned about this gas
station. I mean to me it's a full fledged gas station. Nobody knows about the hours.
Everybody that I have spoken to does not want it where it's located. They feel where
it's located is a real major concern. As far as the lighting issue, we were real
concerned about that. We felt like we were sleeping in a football field so if he's saying
that this building is meeting the lighting requirements, I can tell you that it was a real
serious problem before so I have to tell you that there are several people who don't
want it, absolutely don't want it, and are real upset about it and there are lots of people
who are saying they will not accept where it is now absolutely but may not mind it being
on the other corner. I'm concerned about the safety of the children. If this building
was over on this side we feel that the kids would most likely not have to encounter as
much traffic.
I think there's going to be a lot of noise. I'm concerned about the lighting
problem. I know a lot of these people are concerned about the lighting problem.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N)
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think there's just going to be a glow there. We have enough night lights in our
bedrooms with the existing lighting.
To us it's just a potential major problem and hazard to our children and to the
noise level and all the traffic.
17. Bob Charters testified as follows. I got 32 signatures here if it means
anything I'll turn them in to you. I don't see that we need a service station at this
location. There's a school crossing that should also be considered and with 350 extra
cars, I think would be very detrimental to our children
18. Kenneth Shelton stated as follows: "Mr. Mayor, distinguished members of
the Council, a little over three years ago I was standing before this council for the same
reason I'm standing here now. I'm referring to the property just north of the property in
question tonight. It was also requesting a variance to put a convenience and gas
station on the old Fuller property. As I sea it today the very same reasons for refusing
to grant that variance back then still holds true today. They include: depreciation of
property values, depreciation of character of the neighborhood, health hazards,
including gas fumes from pumps and tank vents and from cars waiting to gas up or cars
left running." He also noted it increases the crime rate from those cars being stolen
left running, loitering, increased glare from additional lighting which has been a
problem in this parking lot from the start. Loss of privacy from increased traffic and
noise levels. I have several letters from neighbors in the area who were opposed to
this kind of business back then and still are today. I would like to draw your attention to
one letter previously submitted in particular from Miss Judith Lulley. Her experiences
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N)
include excessive and unreasonable levels of noise, boom boxes blasting at all hours
as people gas up, repeated vandalism to her property, people loitering, kids smoking
and fighting in the parking lot and excessive accumulations of trash and debris on the
premises. I respectfully request that you deny this request.
19. Wally Lovan was sworn in by the City Attorney and began his testimony
by noting that right now I do back the finding of our P & Z. I'm sure that I'm going to
receive lots of noise. ACHD expressed that there would be approximately 350 cars
per day. 350 cars per day banging their car door right in my back yard. ACHD also
required Albertson's to place a cross road where the cross road would be because they
are adamant that it will happen and it shows nothing here about a cross road. I can't
make myself believe that this is a proper spot to do this. There is too much opposition
from my neighbors. I am also concerned with the hours that will be used with the car
banging and the boom boxes. Right in this point right here they have a large, large
water collecting storage bin under the asphalt. Another thing that concerns me is also
water and sewer.
20. Leonard Erdman was sworn in by the City Attorney and testified as
follows: "Well, I would just like to say that I don't want the A Express there. I really
believe it's going to devalue my home and I have concerns about safety such as spills
and fires. Also, we all know that gas stations are the object of burglars and I don1t
want. I would ask you to reject Albertson's proposal for this gas station, thank you."
21. Guy Shin noted that his self and many of his neighbors are not in favor of
this plan, I see several things wrong with it. The gasoline fumes as we pump our tanks
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N)
full the effluent gas comes out and of course gets into the air, that's a lot of effluent gas.
Is I think a better area would be the north east corner. I would urge this plan not be
passed.
22. Lowell Lauber's testimony consisted of the following comments. I don't
think I want to sit in my living room and look out my window and look at a - it's a plain
old cheap gas station any way you look at it. If it's in the north east corner out of sight,
I wouldn't care.
23. Jean Johnson commented as follows. I don't want the gas station
anywhere on this corner.
24. Ken Howell had additional testimony as follows. This site is zoned C-N,
it is zoned for the use which includes fueling stations. It's our position that since this is
an ancillary building and not a primary building on the site there really isn't any need to
apply for a CUP permit.
25. The Mayor and the City Councilmen had some questions and the
Planning and Zoning Administrator had some comments which are set forth below.
Councilman Bentley asked the question, "So what happens if you decide the
growth warrants going 24 hours in the store?" Mr. Howell commented that the concept
would be that the operation fueling station would follow the operation hours of the
store.
Mayor Corrie addressed the question, "Is it Albertson's opinion that they don't
have to go through this CUP?" Mr. Howell responded that yes that was his point at the
very beginning.
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Shari Stiles addressed the council with the following comments. I take exception
to what the Albertson's representative has stated, an automobile service station and a
service station both would require a conditional use permit in that zone. If it were a
convenience store it definitely would be a second principle building. In section 11-2-
410D item 1A, it says: "The accessory determination shall be based upon the
relationship of the building, structure or use to the principle permitted use. Specifically
it must be habitually or commonly established as reasonably incidental to the principle
permitted use and located and conducted on the same premises as the principle
permitted use." I donlt believe that is the case in this instance. Also, as a requirement
for an accessory use under accessory use standards, the same section, an accessory
building if not in a rear yard shall be connected with the principle building to which it is
accessory and shall be so placed as to meet all yard and court requirements for a
principle building, including height and other dimensions. So in either case they were
required to have a conditional use permit or meet the requirements for an accessory
use which would mean it had to be connected to the existing building or detached in the
rear yard.
26. There was no further testimony given at the City Counci~ hearing~_-
CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning- j:(et- ancto. af5- the
Ordinances of the City of Meridian have been met, including the mailing of notice to owners
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f
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of property within 300 feet of the external boundaries of the property.
2. The City of Meridian has authority to grant conditional uses pursuant to Idaho
Code Section 67-6512 and pursuant to 11-2-418 of the Zoning and Development
Ordinance of the City of Meridian.
3. The City has the authority to take judicial notice of its own ordinances, other
governmental statutes and ordinances, and of actual conditions existing within the City and
the State.
4. The property is currently zoned (eN) Neighborhood Business District. The
(CN), Neighborhood Business District is described in the Zoning Ordinance, 11-2-408 B 11
as follows:
(C-N) NEIGHBORHOOD BUSINESS DISTRICT - The purpose of the (C-N) District
is to permit the establishment of small scale convenience business uses which are
intended to meet the daily needs of the residents of an immediate neighborhood (as
defined by the policies of the Meridian Comprehensive Plan); to encourage
clustering and strategic siting of such businesses to provide service to the
neighborhood and avoid intrusion of such uses into the adjoining residential districts.
All such districts shall give direct access to transportation arterial or collectors, be
connected to the Municipal Water and Sewer systems of the City of Meridian, and
shall not constitute all or any part of a strip development concept.
5. Conditional Use Permit is defined in the Zoning And Development
Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized
by this Ordinance in a zoning district."
5A. The Applicant has claimed that this fuel island kiosk is an accessory use and
not a principle use and because of that a conditional use is not required. The Zoning
Ordinance defines Accessory Use of Structure in Section 11-2-403 as follows:
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Accessory Use or Structure - A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure. An
accessory use or structure does not alter the essential characteristics of the
principal permitted use and does not include a building which is defined herein as a
dwelling unit.
58. The Zoning Ordinance also speaks directly to accessory use in Section 11-2-
410 and provides, in part with the most critical portions italicized, specifically as follows as
follows:
2-410 0
ACCESSORY USE PROVISIONS
1. Accessory Use Review Process - The Zoning Administrator shall make the
initial detennination as to whether a building, structure or use is accessory to
a principal permitted use, and may issue zoning certificates for those which
are determined to be accessory and which otherwise comply with this
Section.
a. The accessory detennination shall be based upon the relationship of
the building, structure or use to the principal permitted use.
Specifically, it must be habitually or commonly established as
reasonably incidental to the principal pennitted use and located and
conducted on the same premises as the principal permitted use. In
detennining whether it is necessary, the following factors shall be
used:
(5) The potential for adverse impact on adjacent properly, and
(6) The applicant must be the owner of the property under
consideration and the user of the accessory use.
2. Accessorv Use Standards-
a. Accessory Building Standards:
(3) An accessory building may be erected detached from the
principal building, or it may be connected thereto by a
breezeway or similar structure. No accessory building shall be
erected in any required court, or in any required yard other than
a rear yard, except that where the natural grade of a lot at the
front line of the principal building is such as to result in a
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driveway having a grade of ten percent (100/0) or greater, a
private garage may be erected within the front yard, but not
within fifteen feet (15') of any street line.
(5) If not in a rear yard, an accessory building shall be connected
with the principal building to which it is accessory, and shall be
so placed as to meet all yard and court requirements for a
principal building including height and other dimensions.
5C. Due to the following:
1. The Zoning Administrator determined that the use was not an accessory use
but was a principle use.
2. Section 11-2-410 D 2., Accessory Use Standards, a. (5), states that if the use
is not in a rear yard, an accessory building shall be connected with the
principal building to which it is accessory. The fuel island kiosk was not
shown to be connected to the principle building and is not detached in the
rear yard of the Albertson's store.
it is concluded that the proposed use, a fuel island kiosk to distribute and sell gasoline and
related products, is a not an accessory use but is a principle use and requires a conditional
use permit.
6. The City of Meridian has authority to place conditions on a conditional use
permit and the use of the property pursuant to Idaho Code Section 67-6512, and pursuant
to that section conditions minimizing the adverse impact on other development, controlling
the duration of development, assuring the development is maintained properly, and on-site
or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to
prescribe a set time period for which a conditional use may be in existence.
Section 11-2-418 D. states as follows:
In approving any Conditional Use, the Commission and Council may
prescribe appropriate conditions, bonds, and safeguards in conformity with
this Ordinance. Violations of such conditions, bonds or safeguards, when
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made a part of the terms under which the Conditional Use is granted, shall be
deemed a violation of the Ordinance and grounds to revoke the Conditional
Use. The Commission and Council may prescribe a set time period for which
a Conditional Use may be in existence.
7. This Application for a conditional use has been judged upon the basis of
guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the
City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65,
Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it
and the things of which it may take judicial notice.
8. Section 11-2-418 C of the Zoning and Development Ordinance of the City of
Meridian sets forth the standards under which the Planning and Zoning Commission and
the City Council shall review applications for Conditional Use Permits. Upon a review of
those requirements and a review of the facts presented and the conditions of the area,
assuming that the above conditions or similar ones thereto would be attached to the
conditional use, the City Council concludes as follows:
a. The use, would in fact, constitute a conditional use and a conditional
use permit would be required by ordinance;
b. The use would not be harmonious with and in accordance with the
Comprehensive Plan and this Ordinance; .see section (d) below.
C. The use is not designed nor is it constructed to be harmonious in
appearance with the character of the general vicinity; the proposed kiosk
colors are a blue and white. The Albertson's store is of a stucco design. The
proposed gas station will be part of the Albertson's complex. The height of
the building along with the color scheme provided by the applicant leaves no
doubt that the building would be seen, however the building does not appear
harmonious and the building should be required to conform to the same
standard and structure of materials as the Albertson's grocery store.
d. The use would be hazardous and disturbing to existing or future
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neighboring uses if the conditional permit is granted; The proposed site is just
west of intersection of Ten Mile Road and Cherry Lane. The proposed site is
the northwest comer of the Albertson's parking lot. That entrance and exit is
only one of two ways to get in and out of that complex. The location of the
kiosk raises serious concerns about the ability to handle the increase in traffic
going in and out of that complex. A.C.H. D. estimates that the fuel island
would generate an additional 350 vehicle trips per day. Chief of Police
Gordon noted in his comments that traffic is a concern for the proposed use.
The proposed location of the fuel island has the potential to create serious
traffic concerns at the intersection of Cherry lane and Ten Mile Road. The
proposed use would also be disturbing to the adjacent residential neighbors.
The fuel island is directly adjacent to a residential neighborhood. It is an
integral concept of our Comprehensive Plan that we protect the integrity of
residential neighborhoods. This proposed fuel island would cause an
increase in noise, traffic, fumes, odors and glare. These nuisances would be
imposed on the adjacent residential neighbors.
e. Sewer and water service is available, but the Applicant may have to
pay additional fees for the use;
f. The use would not create excessive additional requirements at public
cost for public facilities and services and the use would not be detrimental to
the economic welfare of the community;
g. The use will involve activity, process, material, equipment or
conditions of operation that would be detrimental to person, property or the
general welfare by reason of excessive production of traffic, noise, smoke,
fumes, glare or odors; see item (d)
h. The use will have vehicular approaches to the property, which as
designed will create an interference with traffic on surrounding public streets;
the traffic is a concern. It is not the number of vehicles entering and exiting
the proposed site so much as it is the problems with the flow of that traffic.
i. The development of the property will not result in the destruction, loss
or damage of a natural or scenic feature of major importance.
9. It is further concluded from the testimony from the home owners, both
adjacent to the Albertson's store and within a very short distance to the store, that there
would be a great potential for adverse impact on them and their adjacent property.
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10. Conditions may be placed upon the granting of a conditional use permit if it is
determined that the permit should be issued, to minimize adverse impact on other
development. It is recommended by the Planning and Zoning Commission that the following
conditions of granting the conditional use are required, if a permit is issued, to wit:
a. The conditional use, pursuant to the Zoning Ordinance, shall not be
transferable to another owner or lessor of the subject property or to
another property;
b. The Applicant shall meet the requirements of the City Engineer's
office, the Planning and Zoning Administrator, Meridian Fire
Department, Meridian Police Department, Meridian Sewer
Department, Central District Health Department and Nampa &
Meridian Irrigation District and other governmental agencies
submitting comments;
c. The conditional use shall not be restricted to a period of authorization
but may be reviewed annually, upon notice to the Applicant, for
violation of any conditions imposed herein and other conditional use
applications;
d. All ordinances of the City of Meridian must be met, including but not
limited to, the Uniform Building Code, Uniform Fire Code, Uniform
Plumbing Code, the Fire and Life Safety Codes, all parking and
landscaping requirements;
e. Handicap parking, associated signage and building construction shall
meet the requirements of the Americans with Disabilities Act.
f. All signs must meet the requirements of the Uniform Sign Code and
the Meridian City Ordinance. Flashing signs and temporary signs will
not be permitted. All signs are subject to review and approval of the
Planning and Zoning Department. Sign permits are to be obtained
prior to construction. Upon three days notice to any tenant, the City of
Meridian will remove any unauthorized signage.
g. Applicant will provide a screened trash enclosure per City Ordinance
Section 11-2-414.A.3. The applicant shall coordinate dumpster site
locations with the City's solid waste contractor, Sanitary Services, Inc.,
locating dumpsters so as not to impede fire access.
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h. All driveway and parking areas shall be paved, with all driveway
accesses approved by the Ada County Highway District. Graveled
driveways, parking and access are unacceptable. A drainage plan
designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord.557, 10-1-91) for all
off street parking areas. All site drainage shall be contained and
disposed of on-site. All driveway and parking stall dimensions shall
comply with Meridian City Ordinance.
i. Assessment fees for water and sewer service are determined during
the building plan review process. Applicant shall be required to
comply with pretreatment requirements as determined by the Meridian
Wastewater Department, and enter into an Assessment Agreement
with the City of Meridian.
j. The Applicant shall provide parking lot lighting plans to the Meridian
Public Works Department. Illumination of the site shall be designed to
not cause glare or adversely impact neighboring residential properties
or the traveling public, as determined by the City of Meridian.
k. Significant changes from the site plan approved under this conditional
use permit, as determined by the Planning and Zoning Administrator,
will require re-noticing and rehearing before the Planning and Zoning
Commission and Council.
11. The above-conditions are concluded to be reasonable and the Applicant
shall meet these conditions if a permit is issued.
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APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact and
Conclusions.
ROLL CALL
MAYOR CORRIE (TIE BREAKER)
VOTED~
VOTED~
VOTED
VOTED~
VOTED
COUNCILMAN BIRD
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN ANDERSON
DECISION
The Meridian City Council hereby decides, based on these Findings of Fact and
Conclusions of Law, the Conditional Use Permit requested by the Applicant for the property
described in the Application is denied.
MOTION:
APPROVED: ev.,4C
6-12-98 - Final G,-(~-'tB
DISAPPROVED:
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