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1982 07-12 July 12, 1982 AGENDA Meridian Planning & Zoning ITEM: Minutes of the Meeting held June 14, 1982 ?yDpRp~p 1. PUBLIC HEARING - Dennis E. Nielson, O.D., Conditional Use for Office 1332 E. First Street AppRpVEp 2. PUBLIC HEARING - Dr. Sherry Rose, Conditional Use for Office 1323 E. First Street AppitovID 3. PUBLIC HEARING - Russ Johnson, Johnson Place Annexation pppgp~p 513 S. Meridian Road; 9.9 Acres 4. Discussion & Decision on Time Tables and Procedures: pA~ s TIME SEr (a) For Amendments to Comprehensive Plan Regular Planning and Zoning Meting called to order by Annette Hinrichs, Chairman at 8:10 P.M. Mgnbers present: Lee Mitchell; Don Sharp; Bob Spencer Manbers Absent: Burl Pipkin; Tan Fddy Others present: Gladys Adams; Rosemary Campbell; Christopher Campbell; K.D. Hartwell; Gilbert Miller; Dennis Nielson; Russell Johnson; Lee Stucker; Sherry Rose; Steven Rose; R.D. Bischoff; Kenneth Gibson; Helen Gibson; Leroy Adams; Coenraad Abas; James Kiser; Carol Spencer; Mike Spencer; Tina Michaels; Marge Fellinc; Laura Conner; Mr. & Mrs. W.L. Conner. The minutes of the June 14, 1982 meeting were approved as written. Item 1 Public Hearing -Dennis E. Nielson, Conditional Use Permit Request, Office at 1332 E. First Street Cannission Member Bob Spencer: "I wish to abstain fran this, as my property is next door to where Dr. Dlielson is requesting this." Hinrichs: "Thank you, we will make note of this." Dennis E. Nielson was present representing his request for a Conditional Use Permit for an optanetry office at 1332 E. First Street. He presented the Commission members with a drawing showing what the parking would be like. Nielson: "I have planned here space for tc~ parking spaces in the front of the building, and I am required to have four parking spaces because of the square footage of the house, I want the rest of the parking in the back." "The way I schedule patients there will be no need to have any more than three spaces. There is usually one car there, and sometimes there is twv." "I feel that it is necessary to have parking in front of the house, for patients' access. The back of the house would require quite a bit of repair in order to make it appropriate for patients to be cacming through," "With this parking, I am going to have it well landscaped, there is going to be a visual barrier on either side of the property, so that the neighbors directly on either side will not have to see a car parked in front of the house." "I plan to landscape it very well, and make it look very nice." "There are several circular drives in Meridian." "I don't feel that they detract one bit fran the residential aspects of these hares." "These homes have circular drives in front, they look very nice. I see no reason why a parking space, such as this, in front is going to detract from the residential aspect of the neighborhood." Sharp: "What is your objection to putting the parking in the rear?" Dlielson: "I would lose about 60 square feet because I would have to make a special hallway through the rear entrance, it's going to cost quite a bit more. I don't feel that sanebody parking in the rear is going to want to walk around to the front of the building." Nielson went over the dimensions of the driveway with the Commission. (Tape on File) Mitchell: "How may cars per day do you think you will have?" Nielson: "10 or 12." Sharp: "The concern I have is destroying the residential nature of that neighborhood, which is a nice older neighborhood in Meridian." "There is ample roan to park in the back." Hinrichs: "What about the sign? What kind of sign will you have?" Nielson: "It will be a low level sign, similar to the Chapel of the Chimes." Hinrichs: "What kind of materials will it be made of?" Nielson: "Wood." Mitchell: "Lighted?" Nielson: "No, it won't be lighted." "It will only come up about 3 feet off the ground. " `,,...~ c. ..n..... ., ~. _ Meridian_Planninq & Zoning 2. July 12, 1982 Item #;1 Cont'd -Dennis E. Nielson, Request for Conditional Use Permit Sharp: "You are aware of the fees required for sewer and so forth?" Nielson: "Yes." Hinrichs: "Is there any public comment on this request by Dennis Nielson for a Conditional Use Permit for an Office located at 1332 E. First?" K.D. Hartwell: "I live just South of this property that Dr. tdielson is talking about." "We have lived along that street for a good many number of years. We have maintained a rather attractive :neighborhood." "We would like to have that same atimsphere nmaintained." "I don't think that what Dr. Nielson has planned for his front yard is in keeping with what we now have." "No mention was made of front parking or front driveway or anything of that sort when Dr. Nielson asked me to sign his permit." "NO mention was made of parking or altering the front yard at all." "If he would have presented this plan to me, I wouldn't have signed his permit." "I am sure that would have made a difference to quite a number of people." "We were looking forward to having Dr. Nielson as a neighbor, but I don't agree with his front yard." Humbert Valenti: "I too own property on that street. I own the most Southern property on that side of the street. Sane years ago I got a Conditional Use Permit to build a dental office,'which h still have. The plan never materialized, at least not yet, and may or may not in the future. When I got my Conditional Use Permit it was with the express understanding that the residential character of the street would be kept." "I understood that the parking was to be in the rear, that the landscaping would be moreror-less the same." "No paving in front." "Although I can understand Dr. Nielson's problem probably better than anyone in the roan, I do think this is a special street, and that there are certain guidelines that should be set and met. Not to change the nature of the street." Kenneth Gibson: "I live right across the street. When I signed the petition, I understood that the parking would be in the rear." "The appearance of the front of the lot would remain the same." ",low I find that this has all been chanced. I have to go along with my neighbors, the fact that I think that I have been mislead. I wouldn't have signed the petition if I had know this was the way it was going to be." Hinrichs: "I would like to enter into the record a letter received fran R.C. Spencer, Homeaaner." (letter on file with these minutes) Nielson: "When I went around with my petition nothing was said about parking. No one even asked. Everybody that did sign the petition did so very willingly and said they would be glad to have me in the neighborhood.'° "I resent sane of the accusations that I have been changing the plans on these people, once they have signed the petition." "Also, I believe that you have another letter in support of my position." Hinrichs: "I would like to enter into the record a letter in support of Dr. Nielsons' request fran Winston Real Estate and Investment Co." (Letter on file with these minutes) Hinrichs: "I would also like to enter into the record the letter received from the State of Idaho, Transportation Department, Division of Highways." (Letter on file with these minutes) Mitchell: "With the friction that has developed, do you think that there is any way you could make the property function with rear parking?" Nielson: "I think that it would not be nearly accessible to patients.°' "I don't think that the people that have been to me before there could be any problems with, but I think new patients driving behind somebody's house, and then walking around front, I think that would hurt my business." "I personally don't see the hang'up on the way it's (circular driveway) is going to look. I think that it is going to look very nice." "Truth this, there would be one way, there would be one way all the time." "As far as traffic flow and congestion, this is much better." :Hnrichs: "I don't think anybody is saying it's not going to look nice. But it is going to change the character of the neighborhood. I think that is the concern." 'Meridian Planning & Zoning 3. July 12, 1952 Item $1 Cont'd -Dennis E. Nielson, Request for Conditional Use Permit Nielson: "As a homeoomer there, would there be anything stopping me from comming in and putting in a circular drive in my front yard? And am I ruining the neighborhood by doing so?" Hinrichs: "Would it help if u. the planter where the sign is, if there were taller trees instead of bushes?" Spencer: "That could cause problems for caning in and out of our driveway." Sharp: "The concern I have is starting the asphalt jungle fran the middle of a residential neighborhood." "At this time we are turning the home into modified canercial. I don't see the probl~n with parking in the rear." Nielson: "One point that I would like to bring out is that if you have parking in the rear everybody is going to park right out on Fast First." Sharp: "The problem I have Dennis (Nielson) is the asphalting of an entire front yard in a residential neighborhood. I don't think that there is any question as to that that neighborhood is going to turn to carmexcial saneday. But I think that it is premature for us to start that at this point in time. I think that there is adequate space in back. I don't share the concern that you have about the people entering from the rear or walking around to the front." "I could go along with kablirnl this until you can get something ororked out with your neighbors." (Mitchell: "There are several people that are not here tonight that have contacted us on this. All negative. No pluses." "I understand your cause, but there is an awful lot of friction over this." The Motion was made by Mitchell to table the request by Dennis E. Nielson for a Conditional Use Permit for an Office at 1332 E. First, until the next meeting, And that he will try to get sane type of compromise worked out caith his neighbors. Nielson: "Could we do this one other way? Could you grant the permit if I went to the rear parking?" There was discussion on this. (Tape on File) There were no objections from the Public. No one present objected to the rear parking. (Tape on File) The Motion died for lack of a second. The Motion was made by Sharp that the Ca~eLission recanmend to the City Council that the Conditional Use Permit for Office at 1332 E. First, Dennis E. Nielson be granted, subject to the residential character to be maintained, that parking be in the rear of the property, that the entrance to be widened to accomodate ~ncacming and exiting vehicles, that exiting vehicles be directed to make right turns only, and that the sign be small and attractive, the front yard to be left as is. The Motion was seconded by Mitchell. Motion Carried: Sharp, yea; Mitchell, yea; Spencer;Abstained Item 2 Public Hearing - Dr. Sherry Rose, Conditional Use Permit for office 1323 E. First Street Steven Rose was present representing the request for the Conditional Use Permit at 1323 E. First Street to be used as office. Mitchell: "I wish to obstain from this, I know Mr. Rose, conversed with him a little, it's on my side of the street." z Hinrichs: "Granted." `,_ ~, Meridian Planningr & Zoning 4. July 12, 1982 Item #2 Cont'd - Dr. Sherry Rose, Conditional Use Permit Request . Hinrichs: "I now open the Public Hearing for the request by Dr. Sherry Rose for a Conditional Use Permit for Office at 1323 E. First." Steve Pose: "The proposal that we have for you tonight is to convert the top floor of the have into a Doctors' Office. We intend to have parking in the rear. The property is ideally suited for this type of operation. It has existing circle driveway that circles behind the have with ample parking area on either side of the existing garage. Haaever, the lot being as large as it is, we really wx~uldn't need more than the one side." "There is one thing. In the front of the house between the sidewalk and the street there are four laa growing trees. They tend to form a hedge." Mr. Rose presented pictures to the Cmmission showing the view a driver would have ca~ming from the driveway. He pointed out has dangerous they were to a driver that would be exiting, and has they would hamper the view. "I feel very strongly that we do have a safety factor there." "If we were to be approved for this type of useage, we would like additional permission to do something with the trees, whether it be totally take them dawn and replace than with something that a person could see through." Hirsichs: "I can't see any problem with removing the trees." Spencer: "Do you have any other plans for changes to the building or the property?" Rose: "NO planned changes." "There will be a railing on the front steps." Hinrichs: "Is there anyone in the audience that would like to caRnent on this request for a Conditional Use Pernit for a Doctors' Office at 1323 E. First Street?" Kenneth Gibson: "I am a neighbor to this property. Those trees need to go:" "They are very hard to see around." Humbert Valenti: "We have no object to these things, I am for it. I was one of the first to start that. We hope that the Planning & Zoning will take into consideration that whatever project at this time does maintain the architectural design of that area." "If they could do it in such a manner as to not interfer with the overall appearance of that street, I knaa that i as a property owner wouldn't object to it, and I'm sure most of the property owners would not either. " Hinrichs: "Are there any other ca:ments from the audience concerning this matter?" There was no response. Einrichs: "The Public Hearing is naa closed." The bbtion was made by Spencer and seconded by Sharp that the Planning & Zoning Camiission recaimend approval of the request for a Conditional Use Permit for a Doctors' Office at 1323 E. First, with the condition. that the architectural design of the area is maintained, and that the Camiission has no objection to the removal of the trees in the parkway in front of the residence. Nation Carried: Sharp,yea; Spencer, yea; Mitchell, Abstained Ztem 3 PUBLIC HEARING -Russ Johnson, Johnson Place Annexation 513 S. Meridian Road; 9.9 Acres; "C" Camiercial Johnson: "This property at the present time has been used as Meridian Rental Center." "It is in the County, and canes under the zoning of Grandaddy rights on 1/2. On the other 1/2 it is zoned agricultural." "Through a Court decision it was decided that I could not expand on the Grandaddy rights." "I used the back part of the property to demonstrate the farm eauignent that I rent to people." "The property is going to be used just as it has in the past." "It has been brought to my attention, and I think that it is a good idea, either trees or a high fence, which obscure the residential side on the South side." Meridian Planning & Zoning 5. July 12, 1982 Item $3 Cont'd - Russ Johnson, Johnson Place Annexation . Johnson: "This is serviced by City Water." "The sewer is about 700 feet to hook up." Sharp: (Adressing Hinrichs) "What is the policy of the City on hooking up with the sewer when it is 700 feet away?" Hinrichs: "When you annex, you have to come to City Sewer and Water." Sharp: "700 feet or no 700 feet." "I believe that is City Policy, and you may not want to agree with that." Hinrichs: "We need to get this sewer straightened out." Sharp: "Mr. Johnson, would that make a difference to you, in your request for annexation, if you had to take sewer line 700 feet?" Johnson: "I think that it would. I think that I would also have to discuss this with the Sewer Department and find out." Hinrichs: "I think that any motion should be conditional." Mitchell: "Maybe we should just table it until he can find out." Sharp: "I think that is best." "We could send it on to City Council & they could reject." Mitchell: "What would you rather have? A motion with a condition or a table?" Johnson: "I think a Motion with a condition would be more to my liking." Hinrichs: "I will now open this Public Hearing concerning the request for annexation at 313 S. Meridian Road for ca!mesits from the audience." Chris Campbell, 601 S. Meridian Street: "I live at the. property directly South of Russ Johnson." "This has been a lesson for me. I have noticed people tonight talking about the character of the neighborhood. Mr. Johnson's property as it sits has been an eyesore to the neighborhood." "One thing that we have noticed it that the character of the neighborhood has been shot." "Our property values have gone down, we can't get as much now as we could have 4 or 5 years ago, and property has appreciated since then. We have also noticed that there has been a lot of dirt from Mr. Johnson's property. There is no way to stop it blowing across in the wind. The noise, there has been a lot of noise over there. He constantly has been operating." "His buzzer for his telephone goes off at some very odd times." "All in all it has been rather a pain in the neck to us to have it beside us. M.r. Johnson was told by the court that he had to move the equipment." 'i'~1r. Johnson brought up the point that part of the property is zoned agricultural. I have photos at have of people plainly renting equipment from there. I don't think that it is just agricultural, he is just carrying on business in all parts of the property." Hinrichs: "What is it that you want on this? You want us to deny the annexation and zoning of ca~a;iercial?" Campbell: "Not necessarily. What we want more or less is to be carried into the City too, so that maybe we can sell our property next to him, and move." Hinrichs: "What would you like to see happen with this land?" Campbell: "Well, I can't really say. We would like our land also zoned CaYenercial so that we could sell it." F.inrichs: "But your annexation request is not before us." Campbell: "Not right now." "FVe could bring it before you." F.inrichs: "We can not solve any of the Court concerns. We can annex the land, or not annex the land, or annex the land zone it cacmercial with conditions." Campbell: "We understand that." Finrichs: "What I am asking you is, as a neighbor, what is it that you c~rould like to see done on this property?" Campbell: "We would like to see it just stay in the County right now, or if you are going to zone it commercial, we would like to see the whole thing zoned camlercial so that we could sell our property too." Hinrichs: "P7e can't annex anything that has not been requested to annex." Sharp: "The only thing that we can act on is what we have before us tonight." nn,.,.~; ,i; ~., ~~nnninn t 7nninn 6. July 12, 1982 Item #3 Cont'd -Russ Johnson, Johnson Place Annexation • Campbell: "We do not like ha:~ing Mr. Johnsons' business carried on next door to us." Hinrichs: "You are unfortunately living in an area that is transitioning to cannPxcial, and will continue to do so." Mitchell: "This 8 foot fence he (Johnson) is talking about, would that help?" Campbell: "Landscaping might help, but it would not remove the site of the machinery to us." ,~:inrichs: "4dhat about paving? Would paving help some of the concern that you have?" Campbell: "Paving would help the dust canming over, but it would tend also to m-~lce it unsightly unless there was a certain amount of landscaping in there." Hinrichs: "The problem is that a Service Comrercial Area is an area that is heavy commercial. It is not going to be truly beautiful, no matter what you do. You can request certain buffers and landscaping, but we can't eliminate the business that is happening on the land." Hinrichs: "Any further caanent fran the audience?" Mrs. Campbell: "I just want to ask the question, have you people (the Commission) looked at Ms. Johnson's property?" "if you can tell that aledged Rental Equiprent Business from a junk yard, which is what it closely resembles, I would like to know on what do you base your opinion." "I have seen various other Rental Frn,ipanent businesses and they don't look like that. They are maintained neatly, they are tidy and clean looking." "What we have are horrible old looking things, that just sit there with tumble weeds growing around than year after year, and this is what we are protesting. We don't want that to stay there, and if Mr. Johnson is allaacd into the City on a commercial basis, will the City of Meridian make him clean that up?" Hinrichs: "All that we can do if we annex it and zone it commercial is to require paving, landscaping. We can not make decisions as to whether his property is an eyesore or not. We can make decisions aY~out what things we will require of the property if it is used in this manner." F.inrichs: "Any further testimony from the audience?" There was no response. Hinrichs: "Public Hearing now closed." The Motion wasmmade by Sharp and seconded by Mitchell to recrnmend to the City Council the approval of the annexation request by Russell Johnson for 9.9 acres at 513 South Meridian Road, to be zoned "C" Commmercial, subject to; must connect to City Sewer and water, must be screened on all side, with a high solid fence next to the hone, and must abide by all City Ordinances. Ivbtion Carried: Sharp, yea; Spencer, yea; Mitchell, yea Item 4 Discussion & Decision on Time Tables and Procedure for Amendments to the Commprehensive Plan There was discussion among- the Commission members concerning all of the material that nmust be gone over concerning the Comprehensive Plan Amendments. Mitchell: "I think that we should try to find a timme that all members can be present." Hinrichs: "This will probably require more than one study period." "We need to read over everything that vae have been given, and go over the testimony received." Sharp: "Sometimmme next week." ~ Item #4 Cont'd - Discussion & Decision on Time Tables r~ 12, 1982 It was decided that the Chairman contact all members to set a suitable date and tiros for the study periods. (Tape on File) The Motion was made by Mitchell and seconded by Sharp that the material and public testimony concerning the ~lmendc:~-nts to the Comprehensive Plan will be reviewed during two public work session tentatively scheduled by the Planning & Zoning Camussion for July 20 and 22, 1982, at the N~rridian City Hall, at 7:00 P.M. Notion Carried: Sharp, yea; Spencer, yea; Mitchell, yea Being there no other business to come before the Commission: The Motion was made by Mitchell and seconded by Sharp that the meeting be adjourned at 9:45 P.M. Motion Carried: Sharp, yea; Spencer, yea; Mitchell, yea APPRf~VED: ~~~~h~ ~~~(~ Chairmann, Annette Hinrichs ATTEST IaWana Niemann, City Clerk Meridian Planning and Zoning Commission City Hall Meridian, Idaho °3642 Annette Hinrichs, Chairman fte: Conditional Use, 1323 East First Street ( Doctor's Office) 1332 Eas*_ First Street ( Optometry Office) I am writting this letter as a home owner at 1326 East First Street. In my opinion this area presents a special problem to the city of Meridian in that we have several older distinctive residences that have been and will continue to be converted to commercial uses. It is my belief that there are two basic reasons for this: 1) This location is ideal for office and small commercial use being on the ma'r. *,horo:!ghfare through Meridian and close to city center; 2) the economic and tax advantages of converting older structures both commericial and residential, to commercial use outweigh the advantages of building new structures. While I am not opposed to the conversion of structures, in this area to office or commercial use I do think that the commission and council should .take particular care in their con- sideration'of conditional uses and in fact all zone changes in areas of distinctive charactor. It is my opinion that the standards outlined in 2-418 c of the proposed zoning ordinance should be used in evaluating all conditional use applications and in areas of distinctive character, ~:~'~ch I believe this to be, that special attention be given to 2-41d c-3. "Will be designed, constructed, operated and maintained to be harnronious 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"-- I would ask tha+. the commission acrd council restrict alterations to properties and structures in these areas as to maintain the existing character of the area as much as possible. I have one particular concern in this area and that is traffic. We have seen a steady increase in: the traffic along East First Street in recent years and I think that this trend will continue. I think the commission and council should consider 2-418 c-8. ., __ i "Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets." I ask that an attempt be made to ascertain if additional commercial uses along this part of East First will create traffic hazards in excess of those already apparent in the area. _ __ ___ .r Reap ~atate ~ env®$tm®nt Co. June 18, 1982 W c a w o LaWana L. Niemann m Ciyt Clerk i City of Meridian 0 728 Meridian St. `~ Meridian, ID. 83642 LL O n Re: Conditional Use Permit / Dennis Nielson, O.D. Dear Ms. Niemann, o This correspondence is in SL'~PPORT of the application for a cond itional use permit by Dennis Nielson at 1332 East First a St., Meridian. The area and street in question are obviously destined for and should be utilized as office and commercial purposes. .~ I would think it would be in the city's best interest to encourage the highest possible com^~ercial development along East First St. ml I will be unable to attend neither the Planning and Zoning o nor the City Council meeting and would therefore appreciate o it if you would pass along this letter to them. W N °m With Best' `ReCga`rd(s, -~~ W tJ~~ R WOOd ~ General Partner = Winston-Meridian Investment Group #2 w a a cc: D. Nielson 3 0 a 0 z m 0 0 a .~' STATE OF IDAHO JOHN V. EVAN9 V 4_ti, If J 4 ~ f ~ ~~n p~. GOVERN ON ~C ~ ~ ~ IDAHO TRANSPORTATION BOARD CARL C.MOORE-cn AlflMArv € ~y O- ~~ ~;f~~~ Tyt,~~4 LLOYp F. BARB ON--VICE CNAIfl MAN ROY L STRGSCH EIN - mf mPfR DARRE LL V MANNING DIRECTCfl flfYISIOR OF 4~l6HWA1S DISTRICT 3 / P.O. BOX 8028 / BOISE,IDIIHO 83707 PNONE12O81334-2974 6 July 1982 Meridian Planning and Zoning 728 Meridian Street Meridian, Idaho 83642 Re: Proposed Zoning Changes 1332 East First Street & 1323 East First Street Members: This office has reviewed the proposed above properties. There is no problem respect to the State Highway. At 1332 that the parkins area is so small that onto the State Highway. This would be It is suggested that a double approach pms r TRANSPORTAT6DN DEPARTMENT :onditional use requests for the at 1323 East First Street with East First, we have a concern it may be necessary to back out very hazardous to through traffic. be required to provide circulation. Sincerely, ftt> C~ 2' ~ ~ r W. W. SACHT, P. E. ~ ""` ""~ District Engineer SAFE TRANSPORTAT/ON MEANS PROGRESS EQUAL OPPORTUNITY EMPLOYER