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1987 07-21~ S • A G E N D A MERIDIAPJ CITY COUNCIL JULY 21, 1987 ITEM: MINUTES OF THE PREVIOUS MEETING HELD JULY 7, 1987:(APPROVED) 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW ON VARIANCE REQUEST BY ROBIN PRINDLE.(FINDINGS DISAPPROVED, NEW FINDINGS TO BE PREPARED) 2. CURT CRUM, JUVENILE CENTER: 3. RON VAN AURER: LOT LINE ADJUSTMENT ON PROPERTY SOUTH OF FREEWAY: (APPROVED) 4. FRED FENpER::~DISCUSS_POSSIBLE FUTURE PROJECT: ~. DEPARTMENT REPORTS: • • MERIDIAN CITY COUNCIL JULY 21, 1987 Regular meeting of the Meridian city council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler: Others Present: Dennis Clark, Roy Porter, Rob Prindle, Twayne Walker, Julie Stutts, Jackie Graham, Leonard Evans, Fred Fender, Gary Smith, Bob Mitich, Walt MOrrow, Steve Wherry, Curt Crum, Mr. Tallman, Bill Nary, Members of Scout Troop # 129: The Motion was made by Brewer and seconded by Myers to approve the minutes of the previous meeting held July 7, 1987 as written. Motion Carried: All Yea: Mayor Kingsford: I would like to welcome the Member of Scout Troop # 129 who are in attendance at tonites meeting. I would like to also publically commend the Little League Baseball Team, the thirteen year olds, that are headed to the State Tournament in Coeur d"Alene, they were last years State Champions and placed seventh in the Western Region. Item #1: Findings of Fact & Conclusions of Law on Variance Request by Robin Prindle: Mayor Kingsford; This is the Variance Request for lot coverage for the Retirement Home in Meadowview Subdivision, Are there any comments from the Council Members on the Findings? Giesler: After the Public Hearing, I did some research on this, we did have a lot of people in here at that time who had some concern and after reading the Findings I wanted to do some more research on this, the main issue, actually we have three issues that are talked about in the Findings, one of them is that a Variance shall not be granted for convenience or profit, the comments centered around the actual use of the property rather than the actual problem we do have with the 350 lot coverage. Setting back and kind of reappraising that I look at the economic way the economy is in this area. I think we have to start out by looking at what the State is doing, we see the State spending millions of dollars,--the Department of Commerce, trying to promote growth in our State. I think the Cities have to do the same. So regarding the 35o it has never came before us, so I tried to figure out some ways what is wrong with the 350, why do we have it in there. First I called Ada County and they do have the 35% Ordinance but it has never came before them to where they had to make a ruling on it. I talked to Boise City and they had the same thing but could arrive at a reason why they had it so they did away with it. Talking with Nampa, they have the 350 coverage but it has never came up before them and Caldwell has a 350 lot coverage but they have never had to deal with it, but none of them could really shed any light on why this was in their Ordinance's except for uniformity and have enough grass for children who were around and that sort of thing. So we are trying to promote growth in our City and I think maybe we have to do the same thing, I feel maybe that the 350 MERIDIAN CITY COUNCIL • • JULY 21, 1987 PAGE # 2 lot coverage. is obsolete and out of date in this area, maybe we need to be competitive. During this time I met with the Chairman of the Planning & Zoning and give me some reasons why this 35o was in the Ordinance, he really could not come up with anything. This was discussed at their meeting last week and it was the consensus of the Commission that this needed to be amended. I feel that if we go ahead and approve this Variance we are setting a precedence, if that is the case so be it, lets go ahead and allow this shelter home to`be in this area, we need to be competitive with the other cities, I think this is something that would benefit the City and also be good for some older people and not down grade the area it is going in and I really do not have a problem with it. One of the other things that was brought up during the Public Hearing and was of concern of many of the people was the use of the shelter home, one of the things brought up was the older people needing their privacy and the children and the older people not being compatible, after looking into that we know that the State requires that this be allowed in a residential area, I feel that is one of the reasons that the older people will be in a residential area where the children and the younger people would be around them. The State Department of Health & Welfare also has many programs they promote where the children go into these homes and visit with these older poeple that is how important they seem to feel that it is and also a Nationwide: program that is called Adopt a Grandparent that is televised and advertised, this is how important its is for the older people and younger people to be together. I really do not feel the older people are against having the younger people around. Getting back to the 350 lot coverage, if this Variance was to be approved of ,course the other issue of the Ordinance we have saying that a Variance cannot be granted for profit or convenience of course that would not come into effect then. I really feel we need this type of thing in our area and I really dis- agree with the Findings and I would ask with these things I have come up with that Mr. Mayor and the rest of the Council that we disagree with these Findings and that we have new Findings written with a recommend- ation of approval. Myers: Mr. Giesler has some good points and has did some good research on this, however the thing it comes down to, I have talked to several people and the thing that concerns several people in that area is the size of the home and I have to agree with them, it is going to dwarf the rest of the homes in the neighborhood, as far as the shelter home at the public hearing they were not really in favor of the shelter home in their area. I have no problem with the shelter home itself being there but I do have a problem with the size of the home in that area and according to the Ordinance a Variance should not be granted for profit or convenience and that to me is important and I would say if Mr. Prindle wanted to go ahead and build the shelter home in that area with the 35% coverage which would be approximately 600 square feet less then that would be the thing to do. I do not feel like just because he needs a larger home to make it more economically feasible that we ought to grant a Variance for it. Brewer: I have some comments that I would like to make tonite regarding the Findings of Fact, really they do not pertain to this issue but for the public knowledge, the process is something the Legislature directs us to carry out. In situations like this proposal we must direct our legal counsel to do the Findings and I am not finding fault with our City Attorney, I want people to know that but I do find fault with the MERIDIAN CITY COUNCIL • • JULY 21, 19,87 PAGE # 3 process itself, I believe we as elected officials hear the same facts and have access to the same codes as our City Attorney and I believe I can make those decisions without counsel's advise very often. The Findings and the Conclusions in the case of the Eagle Road Interchange Hearings and the Regional Mall Hearings for instance, they go over a period of time, I believe are worthy, but I feel many of these day to day operations that come before us, we should have the ability to be able to make these decisions without having to have our City Legal Representative do the Findings of Fact and Conclusions of Law. One reason I feel that way is if our City Attorney is able to direct the vote in that manner we really do not need a Mayor & Council. I believe we as a City Council should have the right as to when we want to have Findings made and not be forced by Legislature to have them on every proposal like this. On the. Findings before us tonite in #9 of the Findings it shows that the applicants plans show that all setback requirements will be met, which means even though this particular home would be approximately 600 square feet larger than the normal home in that area it would meet our setback requirements, therefor I can't see where there would be any problem as far as fire hazards or anything which causes us to have those requirements, then in #11 of the Findings that the public comments submitted were in opposition to the shelter home rather than the issue of the lot coverage which was the question before the Council. Under the Conclusions themselves in the document under #2 it state the City has the authority to grant Variances and in #4 it state the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances and policies and of actual conditions existing within the City & the State. That parag- raph, just to me goes on to state that we as the governing Council have the right to grant Variances from our codes. In conclusion.I believe in this project, I see it as a positive addition to the subdivision in question and possibility instead of a well maintained facility on this same lot a home could well be built for a family of eight, who have three junk cars and an unkept yard full of trash, where this facility would be a well maintained structure and an asset to the subdivision. These are pioneers of our community .and I believe we should have shelter homes so they can stay here in the Meridian area where their family & friends can visit them occasionally. Tolsma: Basically I echo Mr. Brewer's comments, I read through the Findings, I had negative thoughts on this until I spent. several hours the last few days going over some of this and seeing the lot and seeing the people and generally looking at other shelter homes, where they were located and how they were kept up and the only drawback that I can see is like Mr. Myers said is the building is about twice as large as the other homes in that area, but where there is no garage on the unit it is really not going to be as much out of ,place and like was mentioned there could be a family with eight children build on this lot and there would probably be a lot more hardship on the neighbor- hood than there would with eight elderly people living there. I went through the Findings and the testimony we had at the public hearing and really the only question we had was that it was going to be a shelter home and not on the 350 lot coverage. Myers: I just want to make one thing clear, I am not against a shelter home and I am not against growth or development, I just feel in this case that the Ordinance is such that we should stick by it. Mainly with MERIDIAN CITY COUNCIL • JULY 21, 1987 PAGE # • the Variance the larger home would dominate that area plus it is more for an economic gain, I feel which is not what the Variance is for. Mayor Kingsford: This first issue is to approve the Findings of Fact, is there a Motion to that effect? The Motion was made by Myers to approve the Findings of Fact, Motion died for lack of a second. The Motion was made by Giesler and seconded by Tolsma that the Findings of Fact be disapproved: Motion Carried: Brewer, Yea: Tolsma, Yea: Giesler, Yea.: Myers, Nay: The Motion was made by Brewer and seconded by Giesler to have the City Attorney re-address this issue and prepare new Findings of Fact and Conclusions of Law. Motion Carried: Brewer, Yea: Tolsma, Yea: Giesler: Myers, Nay: Brewer: We might request to, that while our City Attorney is going about this that he spend some time with our Commissioners, Walt Morrow and his group, find out their position on changing this 35% lot coverage. Mayor Kingsford: I might in lieu of that pass on, Mr. Morrow, I think there-~.is some real merit, we have discussed it before, I think there is some real merit in having lot coverage, especially in a R-4 Zone and I hope it would not be abandoned post haste, I would hope that your Commission would give some good consideration to it as you do everything. Item #2: Curt Crum: Ada County Juvenile Center: Crum: Approximately a year ago the Juvenile Center opened a satelite office here in Meridian through the benevolence of a businessman here in town who had some property and we opened a probation office here to be more accessible to the public, we felt to be more responsible to the community and to the county because we did have~i. fair amount of juveniles on probation in this area. What has happened in the last year we were able to fund that operation through a grant as of ,recent we have found out that our funding for the next year has not been approved by the County Commissioners, it leaves us in a precarious position wanting to continue on with that office or an office here in Meridian, the problem is we do not have any budget to continue the services or an office that we would like or are appropriate. In light of that we would ask if there would be any consideration to using either the office of this present building once it is vacated see if there could be some office space available here and whatever agreement could be reached to take care of the utilities and such to make it useable, I might note that we really do not know what the City Council's intention is for this building, but we would just like to propose that as an option if possible and explore it futher if .need be. Mayor Kingsford: I might direct you to make a written proposal to the Council, they are entertaining several different options for this build- ing and certainly we would look at your proposal. MERIDIAN CITY COUNCIL • • JULY 21, 19.87 PAGE # 5 Item #3: Ron Van Auker: Lot line Adjustment Property South of Freeway: Mayor Kingsford: Is the someone present to represent this request: Mr. Dennis Clark was in the audience: Clark: I work gar Ron. Van Auker and what we are requesting is a lot line adjustment for the property located South of the freeway which was recently annexed and zoned Light Industrial. This will be the pro- posed site for the new Inland Coca-Cola Bottling plant. The area that is outlined on the maps you have is the site basically. what we are requesting is what was formerly Lot 1 of Timothy Subdivision be enlarged to include that area that extends South to Overland Road along the West side of the property. Clark showed the Mayor &Council on the maps what they were requesting. Mayor Kingsford: Are there any questions of the Council? Under our Ordinance we do have the ability to adjust lot lines and split a lot. Giesler: Mr. Mayor, I would have nv problem with this, I am glad to see further development of there. The Motion was made by Myers and seconded by Tolsma to approve the Lot Line adjustment as requested by Ron Van Auker: Motion Carried: All Yea: Item #4: Fred Fender. Discuss Possible Future Project. Doctor Fender: I appreciate the opportunity to come at the last moment before the Mayor & Council and present an item of business, I just have a letter here for the Mayor & Council that explains what I would like some direction on. It just came to my attention that the property down the street where the church burned down a few months ago came up for sale. I have been looking around the area in the hopes that in a couple of years perhaps I might be able to purchase a piece of property and build my own office. When this property came up for sale I did some investigat- ing and found it would be feasible for me to do. My purpose for coming before you this evening, as you know this property is now zoned resident- ial, and I would appreciate the Mayor & Council's .thinking on whether there would be an objection to the re-zoning of this property for a doctors office. There have been no plans drawn for a building, it prob- ably be two to three years down the road before the building was built. It would be in the area of 2500 to 4000 square feet. I would like any~of your comments or objections before I carry this to far. Mayor Kingsford: Well certainly I would like to commend you for the job you have done here for the three years and applaud you for wanting to make an additional committment here in Meridian. I would recommend that you consider a re-zone of this property to Limited Office. There was no objections from the Council on this proposal. Department Reports: Mitich: One thing I did not understand when you were talking about the MERIDIAN CITY COUNCIL • • JULY 21, , 19 8 7 PAGE # 6 shelter home over in Meadowview there is some kind of Ordinance or law about financial gain. Mayor Kingsford: What .our Zoning & Development Ordinance says is that a Variance should not be granted for financial gain. I think they are talking about additional financial gain over and above what would be without the Variance. On that subject I asked the City Attorney to look at that State Code that talks about shelter homes and the inter- petation by the Health & Welfare with regards to that issue. State Code says that the shelter homes that are for physically or mentally hand- icapped people must be permitted in a residential zone. This does not fit this category unless Heath & Welfare has taken a different view of it than how I read that State Code. The thing might be that even though we have presented this maybe it does not fit in this classification and would not be allowed in a R-4 Zone anyway. City Engineer: The water replacement project has gotten underway, it seems to be progressing along good. Also the APA is in the process of updating their population forcast for Ada County and the Cities of Ada County. It was brought to the attention of the City Engineer that preparation for the official 1990 Census had already started and this should maybe be brought to the attention of the APA before very many funds were expended to update the population count in Ada County. Brewer: First in regards to my comments tonite, I want to make it very clear that I am not finding any fault with our legal counsel and also I condone your comments, Mr. Mayor, in that there are times when these Findings are needed, it is just that I feel that very often in some of our lessor issues it is an additional cost to our developers that has to be born by them that I do not feel is necessary. Then today I noticed Pandoras Pawn, there is quite a few freezers stored outside. Police Chief: they were verbally warned by one of the Officers about two weeks ago. Brewer: Bob Mitich our Electrical Inspector was by my place the other day and the portable electric sign issue came up again, we discussed the ninety day limitation that is supposed to be on these signs and we realize that the Electrical Inspector is the only one really to try and keep track of these things and it is something that has to be done at no compensation. I wonder if maybe there could be fee that could be charged for these to make it worthwhile for our Inspector to be able to keep track of these. Mayor Kingsford: I think it would be well to have some kind of permit for these so they could be kept track of. I would maybe ask the P & Z Commission to take a look at when they are reviewing the Ordinance. Mayor Kingsford: Could we have some direction from the Council, on about last November, Hoalst & Anderson were in and asked for continuation of their Conditional Use Permit for six months, at that time I recommended we grant them a year and that they have work in progress and be doing something on it, as I drive by there naturally I see nothing happening I think we may do well to direct the City Clerk to write them a letter and say they better get in here with what to do or they are going to be closed on the 1st of November. MERIDIAN CITY COUNCIL • • JULY 21, 1987 PAGE # 7 The members of the Council concurred with this and advised the City Clerk to write a letter to Hoalst & Anderson. Being no further business to come before the Council the Motion was made by Myers and seconded by:Brewer to adjourn at 8:15 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: V GRANT P. KING O , YOR ATTEST: ~! Mayor Council -' P & Z ommission Atty Eng, Fire Police, Ward, Stuart Mitich, Hallett Valley News, Statesman Kiebert, ACHD, NIMD Set~ler~,Irrigation CDH, ACC Mail (4) File (4) r FRED W. FENDER, M.D. FAMILY PRACTICE 900 NORTH CINDER MERIDIAN, IDAHO 63842 TELEPHONE 888-5406 July 21, 1987 To the Meridian City Council Re: Conditional use permit ,:; This letter is a request for a change in the zoning status of the property listed as 1001 Meridian Street, Meridian, Idaho. The property is the site of the former Church of Christ which burned down earlier this year. The property has been cleared of all debris and currently is a vacant lot, bounded on the west by Meridian PrimarySchool, on the south by the Meridian School District Administration Building, on the north by a private residence, and on the east by Meridian Street. It currently is zoned as R-4, but I am requesting a conditional use permit to use the property as the future site of a professional medical building. I am a Family Practice physician and have been practicing in Meridian for three years. Currently I am leasing space in the Meridian Professional Plaza on Linder Road. It is my hope to build within three years a professional office building at the site described above, to house myself and possibly one other physician. The building would be used solely for the purpose of seeing patients and those activities related to the practice of medicine. Although the plans for this.build- ing have not been drawn at the .present, the size of the building would be approx- imately 2.500 to 4000 ft2. These measurements take into consideration the setbacks currently specified in the Meridian City Code. The building would be one story and contructed in a visually esthetically fashion to match other newer office buildings already in existence in the Meridian area. A sign advertising the business would be placed either on the front of the building or on the lawn facing Meridian Street. Parking at this site would be provided for by designating spaces immediately to the south of the property adjacent to the driveway provided b~?e the School District ~_ • as access to Meridian Primary. The main access to the office would be from Meridian Street, although alternative access could be had by approaching Meridian Primary from Pine Street. A firm offer has been made to the sellers of this property and final financing is currently being arranged. This offer is obviously dependent on the issuance of a conditional use permit by this council and Planning and Zoning review. Thank you very much for your consideration. If there are questions regarding the future use of this property, please contact me at 888-5406 or 888-2272. Respectfully c:~/" Fred W. Fender, M.D. ~- ~-~