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
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LaWana L. Niemann
m Ciyt Clerk
i City of Meridian
0 728 Meridian St.
`~ Meridian, ID. 83642
LL
O
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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
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a cc: D. Nielson
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STATE OF IDAHO
JOHN V. EVAN9 V 4_ti, If
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GOVERN ON ~C ~ ~
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IDAHO TRANSPORTATION BOARD
CARL C.MOORE-cn AlflMArv € ~y
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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
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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