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Meridian Planning and Zoning Meeting January 15, 2009
Meeting of the Meridian Planning and Zoning Commission of January 15, 2009, was
called to order at 7:00 p.m. by Chairman David Moe.
Members Present: Chairman David Moe, Commissioner Joe Marshall, Commissioner
Tom O'Brien, and Commissioner Wendy Newton-Huckabay.
Members Absent: Commissioner Michael Rohm.
Others Present: Ted Baird, Nancy Redford, Anna Canning, Caleb Hood, Sonya Wafters,
Scott Steckline and Dean Willis.
Item 1: Roll-Call Attendance:
Roll-call
X Wendy Newton-Huckabay X Tom O'Brien
Michael Rohm -Vice Chairman X Joe Marshall
X David Moe -Chairman
Moe: Good evening, ladies and gentlemen. I'd like to welcome you and the other
Commissioners to the first P&Z meeting of the new year. At this time I'd like to call the
meeting to order and ask the clerk to call roll, please.
Item 2: Adoption of the Agenda:
Moe: Thank you. Next item on the agenda is the adoption of the agenda.
Commissioners, nothing -has changed, so can I get a motion to accept the agenda?
O'Brien: So moved.
Marshall: Second.
Moe: It's been moved and seconded to approve the agenda. All those in favor say aye.
Opposed? That motion carves.
MOTION CARRIED: FOUR AYES. ONE ABSENT.
Item 3: Consent Agenda:
A. Approve Minutes of December 4, 2008 Planning and Zoning
Commission Meeting:
Moe: Next item on the agenda is the Consent Agenda. We have one item that would
be the approval of meeting minutes of the December 4th, 2008, Planning and Zoning
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Meridian Planning 8~ Zoning Commission
January 15, 2009
Page 2 of 37
Commission meeting. Any discussion? At this time can I get a motion to approve the
Consent Agenda?
O'Brien: So moved.
Marshall: Second.
Moe: It's been moved and seconded to approve the Consent Agenda. All those in favor
say aye. Opposed? That motion carries. Thank you.
MOTION CARRIED: FOUR AYES. ONE ABSENT.
Moe: For you folks that -- in the audience that may not have been to a planning and
zoning meeting I'm going to kind of give you -- kind of walk you through the format of
this evening before I open a hearing. Basically, Iwill -- I will open the public hearing, at
which time the staff will give a brief overview of the hearing, outlining everything. At that
point, once they are done, I will ask the applicant to come forward. The applicant will
have 15 minutes to explain their view on the hearing. If you have multiple speakers it
still stays at 15 minutes for your time period. After that there are sign-up sheets in the
back that the rest of the public can speak. You will have three minutes to give your view
of the hearing. Once all the names are taken care of on the list I will ask one more time
if there is anyone else in the audience that would like to speak to that hearing. If there
are none, then, I will ask the applicant to come back forward and, basically, rebut or
explain any comments that were made during the public testimony. After that is done,
then, we will deliberate and vote on the hearing.
Item 4: Public Hearing: AZ 08-013 Request for Annexation and Zoning of 32
separate tax parcels owned by 28 different property owners consisting of a
total of 55.6 acres that are currently receiving city water and/or sewer
service by City of Meridian -various locations (see application):
Moe: So, having said that, I would like to now open that public hearing AZ 08-013 and
ask staff to give the report, please.
Hood: Thank you, Mr. Chair, Members of the Commission. It's good to be back before
you. Happy New Year. The application that is first on your agenda tonight is an
annexation of 55.6 acres of real property within the City of Meridian -- or, excuse me, in
Ada county that we are proposing to incorporate into the City of Meridian. There are 32
separate tax parcels included in the application owned by 28 different property owners
at various locations throughout the city. I know this kind of makes it difficult to see
where those properties are located, but, like I said, they are various locations
throughout the city. There is a couple of tables in your packet, if you would like exact
addresses of those locations. Again, that kind of gives you an idea of how spread out
far and wide they are throughout the city's area of impact. All of the subject lands are
currently receiving either sewer, water, or both services from the City of Meridian.
That's -- that's how we got to this point of them being in the subject application. The
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January 15, 2009
Page 3 of 37
properties all are also contiguous to the current city limits and have a designation on our
Comprehensive Plan future land use map. And, again, that's why they are -- they are in
the application. City staff is pursuing annexation through the Category A process of
Idaho Code, Section 50-222. Category A annexations require consent of all private land
owners. In this case consent of the private landowner is implied, because all the
properties are connected to a water and/or wastewater collection system operated by
the city. Of the subject properties, 22 contain single family homes. Three contain
churches. And three have commercial businesses. Eleven of the properties are all in
the same subdivision, Eastbrook Subdivision, at Ustick and Meridian Road. There are
-- just because of the variation in land uses there are multiple zonings that are also
proposed as part of the annexation process and to follow that thought through, they all
have various Comp Plan designations, too. Staff looked at the Comp Plan designation,
current land use, and came up with the proposed zoning for each individual property.
Again, I'm not going to go through those individually. That should be in your packet. I
sure can walk through them with you if you'd like, but I wasn't planning on doing that for
your -- for the presentation this evening. So, a little bit of the background on how we got
here. June 10th and September 8th I took a draft proposal, both times, to the City
Council and a skeleton plan for the Council's review on what Public Works had brought
to me as an identification of roughly 80 parcels throughout or adjacent to the city were
receiving some service and I asked them for some direction on do we want to pursue
annexation of some 80 parcels or what criteria do you want me to include in pairing that
back to the first round, if you will, of annexations. I got some direction on that. The
criteria that the Council directed staff to use was that they have a service provided, so,
again, either sewer or water or both services, are in our Comp Plan and are developed
and the developed is a little bit harder to explain, but, basically, it's not vacant. Any
parcel could redevelop. So, being developed doesn't mean it's fully developed or is
necessarily developed to its highest and best, but is developed to a degree that we
didn't think that immediate redevelopment was imminent. So, those were the basic
criteria that staff went under. After taking those 80 some properties, we paired it down
to about 30 properties and the subject application. The properties that were excluded
that may or may not be annexed under future annexation application were your
underdeveloped or vacant parcels or substantially underdeveloped. You could have a
single family home on five acres, but giving them R-4 zoning or R-8 zoning consistent
with the Comp Plan, without that development plan that the Council didn't want to go
there and, basically, vest them with some approval without having them come to the city
and have some development plan in mind or redevelopment plan in mind. So, all of
those properties, as well as properties that were designated for mixed use or
commercial, those are also excluded if they weren't -- again, if they didn't meet that
developed criteria. So, there were several homes, just as an example, up and down
Linder Road, Heppers Acre, Linder, Franklin, there is multiple properties there on the
east side of Linder Road north of Franklin that are receiving a city service, but they are
not included in our current application, because there is a specific vision for that
property that isn't realized today. There is a couple of businesses being run out of there,
but they are one acre parcels, mainly homes, again, some businesses in there, but they
are substandard, for lack of a better term and we didn't want to vest them with
annexation without that other process of them initiating that. So, that's kind of some
Meridian Planning & Zoning Commission
January 15, 2009
Page 4 of 37
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background information on how the subject properties were chosen for the subject
application. On October 15th we held a neighborhood meeting at City Hall with those
32 properties that were identified. We didn't have a huge turnout. I think there were
three property owners that came to that meeting, so roughly ten percent of the people
that were identified. I have spoken with several more since, then, and before that,
actually. So, I have probably made contact with roughly half the folks that are in the
subject application. We did put a frequently asked question on the -- on the city's
website, it's still there today, on annexation, because the annexation people may not
know what that means. So, as you know, we didn't get a good turnout there at City Hall.
We sent subsequent letters and said, hey, you can check out other information at your
convenience if you go to our website and kind of team some basics of what annexation
is how it may impact you. So, that is another way that we got the word out and some
information out there, too. Before we submitted the application I did work with Public
Works and one or two of their staff people on verifying these services, which can be a
little hairy. I understand it's a little difficult to realize if someone has a sewer service or
not. The only real way to tell that is to flush the toilet and see -- see where the waste
goes. But there was some ways that they went out in the field and field verified the
service or services for these properties and that's what we have included in the staff
report. There are two of the properties, however -- and this is outlined in your staff
report -- that came up the week that the staff report was due to print there on Pine, 1725
and 1775. I would ask that those be also excluded from the application. The current
planning division of the planning department is working with one of those property
owners on a redevelopment plan for their property and the zone we proposed I think
was R-4 -- won't work for them, so need an up zone, so that process will be taking place
independent of this, but anticipate an application sometime later on this winter or maybe
early spring. But I know that they are anxious to get going with the redevelopment of
that property. The other property -- we have teamed further information since the staff
report was even put to print. The staff report says something to the effect that the city
will look at changing the Comprehensive Plan to a commercial designation for that area
and I think that's still true. The part of the rest of the story that may not be accurate is
that there is an industrial type use on that property, some type of an auto body repair
shop or paint shop or something to that effect that may not meet the vision of even that
commercial designation on our Comprehensive Plan. So, not quite sure how that's
going to play out and when we will initiate, if ever, the annexation of that property,
because they seem to be nonconforming in Ada county and we don't necessarily want
to annex them into the city without, again, some other -- them needing something, for
lack of a better term, from the city. So, those two are kind of on hold or pending. At
least one of those we do anticipate to see real quick and, hopefully, they can come in
with some of their adjacent neighbors and we can clean up kind of a mini block there
and get them all zoned appropriately for some anticipated uses in that area, but we will
continue to work with -- with those private landowners on their plans for redevelopment
of those properties. So, again, that's the Zimmerman and the Virtual Key Stroke
property, as mentioned in the staff report. We did receive aletter -- the city received a
letter from Mountain View Equipment. It was somewhere in the neighborhood of ten to
12 pages. I didn't count them. Pretty -- but just wanted to make sure you all got that. I
think it was in the packet. At least that's how I got it was from the clerk's packet. So,
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Page 5 of 37
you should all have that. With that we would ask that you approve the annexation with
a request to remove the two properties that staff mentioned. With that I'll stand for any
questions.
Moe: Okay. Any questions?
Marshall: Mr. Chair, I do.
Moe: Yes.
Marshall: Caleb. Referring back to that letter, what, then, does constitute a connection
to -- and I believe that was the question raised by the letter. What constitutes a
connection to city services. Does a fire hydrant out in front of the establishment
constitute a connection to city services if they are not actually receiving water from the
city water?
Hood: Mr. Chair, Commissioners, the water in the fire hydrant is from the city. So, that
city service is provided, because it's city water. And I'm not sure of all the details
regarding their property. I think their building is fire sprinkled, so, then, you have got
water -- although thankfully it hasn't had to be used yet -- that is sitting there waiting to
be used in case of an emergency. So, that service is still being provided from the city,
because, again, it's provided water and the fire hydrant will be the same thing. The
service is via the city and our services.
Marshall: You're suggesting, then, the sprinkling service within -- the fire sprinkling
service is connected to the city water and not through a well and pump and --
Hood: That's my understanding. Correct.
Marshall: Thank you.
Moe: Any other questions at this time?
Marshall: Not at this time.
Moe: Okay. Well, actually, I would say that the city was the applicant on this one, too,
so we are going to go into the public. First person on the list is Dennis Bailey. Come
forward. State your name and address for the record, please.
Bailey: Thank you, Commissioners. My name is Dennis Bailey. I reside at 870
Mustang, Meridian. I believe I'm included, even though I've kind of had a hard time
getting a map to show -- or to see exactly on there if I'm included in this annexation, but
I was told I was. And I have brought up some concerns with it at the first meeting. I
was told that this annexation was to clean up the property lines of the city and that's
what we was .told at the first meeting, I believe. This -- my property would actually
muddle up the property lines of the city. It's jumping out and just grabbing one lot out of
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January 15, 2009
Page 6 of 37
a subdivision, which makes no sense to me. That's what I brought up before. Yes, I'm
receiving city sewer. The only reason I'm receiving city sewer is because my septic
system failed and Five Mile Creek runs right through the middle of my property. Ada
county said I could not put in a new septic system. The other one did fail. We could
make an exception and I would have to pay additional costs to hook into a trunk line
behind my property that is out of that subdivision. At the time I did there was no
repercussions as far as, you know, services -- you know, service being brought in.
There has been a number of other things that have been brought up since then and now
all of a sudden this is a concern. I have got -- and it's obvious and I brought it up, but I
don't even think I need to mention it, but my property got brought into this annexation,
not -- not for any prudence of the -- the city lines, it was because there is a city
employee that asked some favors and got this put in with the rest of them. And there is
no real reason. This whole subdivision ought to be brought into the city if you're going
to clean up the lines, not just one property and muddle it up even more. We also have
an issue with me leaving the county with the description. I have got some exhibits here
I'd like to present. I was told to do this at this time. Made multiple copies for everyone.
These exhibits, as she passes them out, show the Locust View Heights Subdivision on
the first page. Shall I wait until you get a copy of those or do you need them?
Newton-Huckabay: Please wait.
Bailey: I would like to let you know at this time that I have been at this property for 18
years and until recently it's been a pretty peaceful neighborhood. First page shows the
overall subdivision. The second page there is a blown up view. Lot No.14 there is my
property on the comer. As you can see, it really makes for a funny looking city
boundary coming up and picking up just that one lot. As it was mentioned before, I
believe, by Mr. Hood, you know, just because I have city services sewer does not
designate being brought into the city boundary. Many properties didn't get brought in, if
I heard you right, that do receive one service. And I am paying for it. Exhibit 3 shows
those boundaries up in that comer, which have always been that way. The house has
always been -- the skeleton of the house has always been exactly where it is, but
according to the plat that you were -- you were talking about bringing in as a part of the
city, does not -- would not be in accordance with any kind of city code. My property, if
you look at Exhibit 4, my property will be sitting on the sidewalk of that -- of that original
plat. The county, at the time, I asked them, when I put my driveway in, I asked them is
this a problem, they said no. The house was already there. The streets in that
subdivision, talking to people that have been there longer than I have, weren't exactly
put in according to the plat, which happens a lot in the county, and, consequently, I
would think that this should be -- should be corrected before the city wants to
incorporate this property into it boundaries. If you look at that last exhibit, that is my --
that's an outline of my house sitting six inches off of the curb of what -- the original plat.
These are just some of the things that hadn't been thought through or haven't been
recognized, I think, with annexing the property and there was -- besides the boundary
problems, the -- well, like I said, before they mentioned that this was to clean up
property lines or, you know, the city boundaries and I just don't see why this is doing
that. I'd like to request to remove 870 Mustang from this annexation at this time, unless
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January 15, 2009
Page 7 of 37
you're wanting to annex the whole subdivision, which will be a more prudent way of
cleaning up the City of Meridian boundaries.
Moe: Okay.
Bailey: That's all I have. Any questions?
Moe: Any questions of --
O'Brien: Not right now.
Marshall: I don't.
Moe: Thank you, sir.
Newton-Huckabay: Thank you.
Bailey: Thank you.
Moe: Next on the list is Randy Stewart.
Stewart: I am Randy Stewart from Mountain View Equipment Company. We presented
material about ten days ago to the committee and I'm going to have our associate Greg
Rudell explain our position on the annexation issue.
Rudell: Does everybody have a copy of the four page letter? Because I made extra
copies. I didn't -- since we submitted it on a CD to them -- to the planning staff.
Newton-Huckabay: Name and address.
Moe: Could I get one of those, please? One of the letters. Just give it to her and --
Newton-Huckabay: He needs to state his name and address, too.
Moe: Uh?
Newton-Huckabay: His name and address.
Moe: Yeah. You need to put your name and address also.
Stewart: Excuse me?
Moe: Name and address, Please. If you're both going to speak, I need both name and
address from both of you.
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Page 8 of 37
Stewart: Okay. Randy Stewart. Mountain View Equipment Company. 700 West
Overland --
Moe: Thank you.
Stewart: -- in Meridian.
Moe: Thank you.
Rudell: Greg Rudell. Consultant to Mountain View. 1719 Gibson here in Meridian.
Moe: Thank you. Go ahead.
Rudell: As the letter outlined, is this annexation of Mountain View consists of three tax
parcels, which is about 11.8 acres, which is annexed -- I believe, if I understood Caleb
right in his presentation, that's over 20 percent of the gross land area of this annexation
that they have proposed tonight, so -- I spent a lot of time researching the statute, as
you can see. That CD included, I don't know, 140 pages of legislative notes. Some key
things in it. I never saw the word commercial in there anyplace. Okay. Because we do
not believe that this property, at the minimum, does not qualify as a Category A
annexation, because it is over five acres. Okay. There were some key changes in the
2002 and the 2000 -- or the original legislation and, then, it was modified and amended
a little bit in 2008. They changed the term from nonagricultural, which would include
everything, with the exception of farm ground, to residential and they made a change.
Now, what they -- their intent or the -- what they implied or they -- or the legislature and
the representatives that were drafting it, what they intended to do was to define the
annexation Category A property when they made that change. And as Caleb said is
this building has a fire hydrant and part of the building is sprinkled. Okay. I did check
with the fire department. We have one fire department that serves inside and outside
the city. The city does not bill the fire department for water. When they fight fire outside
the city limits, they either hook up to the closest fire hydrant or they use a tender truck
and haul water. There is no bill. If -- and when you look at that annexation bill in 2008,
they also modified the disclosure requirements when you sell a house to have people
disclose whether they are receiving bills for city service. There is no bill. This property
is, you know, paying their taxes to the fire department, just like everybody else, and the
intent of the bill was to equalize and make sure that people that were actually receiving
city services -- and there was some city overhead involved in it or sewer or the public
water, domestic water, to be treat equitably. This property is not being treated
unequitably. In this situation it is, because they are not billing for fire water. They have
never received a bill in how many years since it was installed?
Stewart: Ten or 12 years. In fact, there is not even a meter hooked up, I don't believe.
Rudell: Yeah. There is not even a water meter. So, we don't believe -- and I don't
believe that that in itself is implied consent under Category A. Plain and simple. Okay.
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Meridian Planning & Zoning Commission
January 15, 2009
Page 9 of 37
Moe: Okay.
Rudell: They have their own domestic water system that was there. Has been there for
years. They have their own septic system that is in compliance. And, in fact, as it
exists right now, they couldn't hook up to city sewer if they chose to, because they have
got to have easements from somebody or put in an expensive lift station and lift it back
up to Overland to get into it. And I think if you -- and I will just stop there in case you
have any questions. I think that my two pages here, if you read it, fully explain our
position and there is no sense repeating it. So, if you have any question -- oh, before I
forget. Should we lose, what's the zoning for Mountain View proposed; do you know?
Moe: You need to address me and, then, we will go from there.
Rudell: Oh.
Moe: Caleb, do you know what the zoning would be?
Rudell: What is the zoning designation for it?
Hood: Mr. Chair, Commissioners, the proposed zoning is C-G, general commercial, for
that property.
Rudell: Can we get anything higher?
Newton-Huckabay: That's as high as it goes.
Rudell: I said that tongue in cheek.
Moe: Okay. Commissioners, any questions?
Marshall: My questions have been answered.
Newton-Huckabay: I have none at this time.
Moe: Parson me?
Marshall: My questions have been answered at this time.
Moe: Okay. Thank you very much. Next one on the list would be Ted Williams.
Williams: Hi there. I'm Ted Williams. I live at 3080 North Meridian Road. And I have
some concerns about .the annexation of my property. One of the main concerns that I
have is that I currently have livestock on my property, so I'm interested in how I will be
affected by that and I'd like to continue to have that privilege to have livestock where I
live. It's my understanding that when the property is annexed that there is restrictions
there. So, if my property does get annexed I'd like to at least work with the city to try to
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Page 10 of 37
;~ come up with an agreement for future plans for that. Also, my family and I like to use
.° our property for recreation and I'm not sure how we would be limited in that category.
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around. We have lived there for over ten years. The property is historic property. It
'4~ the oldest house in Meridian. It belonged to the Onweiller township. I'm not sure if
~~- Meridian, who they -- you know, did they purchase the Onweiller townships in the past.
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They must have. But currently, you know, it's in the county, so -- another one of my
concerns is we do city sewer. We paid the city a permit fee of 2,500 dollars for the -- for
'~ that, as well as the county paid that 2,500 dollar permit ten years ago and at that time
had requested annexation, but was denied. And the reason I had requested at that time
~~ ~ was so that I wouldn't have to pay the extra permit fee. And, then, I also had to pay
another thousand dollars to have someone locate the sewer for me, because the city
~~rf, , wouldn't locate it. So, I'm into my sewer for 6,000 dollars and I have been paying the
~ ``~: ~` sewer bill on a regular basis and that wouldn't change with annexation, so -- but as far
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as the water goes, I don't use the city water. I think it is stubbed to my property, but we
K ' . don't use it. It's my understanding that I would be required to hook up my house to that,
~`~~~-. which the city probably would not pay for is what I -- after talking to the city, if they
,~, .. would pay for that, that would be great, but if I have to pay for it, then, that would be a
burden to me and my family. So, there is several -- several issues, just to summarize,
:~;,' that -- the livestock issue, the fees that I would incur from hooking up the water,
limitations I would be -- that would be imposed on me for the use of my property as
} use it now. I think that's it for now. I appreciate your time and I appreciate your service
to the community.
~~' Moe: Any questions?
~~,,
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` =~ O'Brien: I have one, Mr. Chair.
~~ ~~_ Moe: Go ahead.
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O'Brien: Ted, what size property do you have and where exactly is it located again?
~~_` Williams: It's just south of Ustick on Meridian Road. There is a small subdivision
around the comer. We are the next parcel. And it's about an acre and ahalf -- just
under an acre and a half. 1.49.
-y' `~ ry O'Brien: Okay. Thank you.
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~_ : Moe: Okay. Thank you very much. Next on the list is Gene Strait.
~._. ,
°` ~ ~ Strait: Gene Strait. I live at 825 East Pine, Meridian here, and I'm for the annexation,
t ~ but what I would like to do is I have four parcels there, if I was included in this
"' annexation I would save 2,500 each parcel when I get ready to annex it and I would like
~; . _>' to have consideration on that 2,500 dollars a parcel, because it will develop at some
a°~`'~`~ ° time down the road as mixed use is what the Comprehensive Plan has and I would just
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Meridian Planning 8 Zoning Commission
January 15, 2009
Page 11 of 37
like to be forgiven that annexation fee when the time comes. So, if you have any other
questions be happy to answer them.
Moe: Any questions?
Newton-Huckabay: I'm having a hard time -- which parcel is this? Which owner? Is
this listed as Mr. Strait?
Strait: No. I'm not in that annexation. I'm asking to be in that annexation. I have four
parcels on city water and one on city sewer and water.
Newton-Huckabay: Oh. I see. Okay. I thought you had one that was being, including
the three more you wanted. I understand.
Strait: No. And we'd just like forgiveness on the annexation fee when we get ready to
develop it, since I'm not included.
Moe: Okay. Any other questions?
Newton-Huckabay: I will have some questions on that, but not right now.
Moe: Right. Okay.
Strait: Thank you.
Moe: Thank you.
Canning: Chairman Moe, would you -- since these folks are bringing up kind of different
questions for each of them, would you like staff to respond in between or do you just
want to get through all the testimony and, then, have staff respond?
Moe: Just wanted to get the public testimony and, then, go back through them. I have
one other sign up. I'm sorry, I can't get your first name, but it's Strait. Okay. From the
audience she has nothing more. Okay. That is it for the -- for the list. If there is anyone
else that would like to speak, you're more than welcome to. Come up, please, sir.
Purnell: My name is David Pumell and I live at 5930 North Locust Grove Road, a
Meridian address. I am one of the property owners. I signed up and, then, crossed it
off, thinking I didn't have anything specific I needed to say, but in -- I'd like to echo the
sentiments of the third gentleman that testified in that I also have livestock that I have
on my property. It's a one acre parcel. It's an original farmstead for the entire
Dunwoody Subdivision and in the Dunwoody Subdivision each of the properties -- they
are in the county, but each of the properties has an associated agricultural parcel that
creates something of a greenbelt in that community and so it's quite consistent with the
Dunwoody Subdivision, although the master plan shows an R-2 zoning anticipated for
Dunwoody down the road and that R-2 zoning is what's being proposed for my property.
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Meridian Planning & Zoning Commission
January 15, 2009
Page 12 of 37
I am not directly opposing the annexation of my property, because I did sign an
annexation agreement when I purchased the properly. There was a perfectly functional
well and a septic system, but my septic system was on the piece of the property that
was sold to someone else and so I was not entitled -- allowed to replace the septic,
because I was too close to the city services and was required to attach to the city
services with -- you know, the only option was to attach to city services and, therefore,
to sign an annexation agreement. So, what I don't want to lose is the ability to continue
to use my land in the ways that I have been using it. I'd like to know if that is effectively
grandfathered in for recreational and agricultural use that it has been seeing for the past
-- you know, historically and to the present. Thank you.
Moe: Okay.
Newton-Huckabay: Thank you.
Moe: Any questions?
Newton-Huckabay: I have none.
Moe: Thank you very much. Anyone else would like to speak? Okay. Thank you. Mr.
Hood.
Hood: If it pleases the Commission, I'll just maybe run down, unless you have specific
questions and if I didn't summarize or miss something in there, please, stop me if there
is something else you want to add before I jump to the next owner.
Moe: That would be great.
Hood: So, Mr. Bailey brought up one -- at least one of the points that I'd like to address
that he brought up -- maybe two points. When we kicked off the potential for annexing
these properties, the intent -- well -- and still is -- to clean up the city boundaries. In a
perfect world we would go and fill in all the holes that aren't colored and annexed as
such. The direction given by the Council, though, wasn't to go and make the city so it's
seamless and there isn't some county enclaves -- there are some large land holdings
that are in the middle of town that may or may not be there for very long, but we haven't
initiated an annexation of those properties that are underdeveloped or aren't receiving a
service and they didn't want to go there now. So, the whole subdivision in Mr. Bailey's
instance isn't hooked up to services. He's the only home in that subdivision that's
hooked up to services, therefore, his is the only one that met the criteria that we brought
forth for the subject application. His information that he provided about the existing
location of his house is the first time that I have looked at something that shows maybe
there is a nonconforming setback issue out there. As was brought up with subsequent
speakers, some of them may have some other nonconforming aspect to their use or
property we may or may not have known about. I have mentioned with Sonya in the
staff report that there are -- we are aware of some of those, but if someone is doing
something illegal we don't necessarily know about that or that wouldn't conform to city
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Meridian Planning 8~ Zoning Commission
January 15, 2009
Page 13 of 37
code, we may or may not know about that. The construction of these occurred through
the county's process and their setbacks and regulations. Looking at these parcels,
`<' specifically, individually, the -- let me stop for a second. Part of that is up to you
though
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and the City Council to determine if you want to annex something that doesn't conform
~~; ~ ~<` to our standards or not. If you say, no, that's an eye sore or that's going to be
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problematic for our code enforcement, maybe that's a reason that you don't annex
them. I think, though, personally, that that could be a slippery slope, because, then, if
r ;~ I'm one of these potential landowners that says, oh, I know that the City Council won't
annex me if I'm doing something illegal, I'm going to start running an illegal business or
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to imply that anyone's trying to do that, but I'm just saying it's. not perfect -- none of
these properties probably are -- a lot of them don't meet our requirements for landscape
~`~' ~ ` buffers and the like. So, I'm just saying they don't -- aren't all up to our snuff of what our
-'~'-.~ current city code is. So, just to address that potential setback issue. There may be
~'= other issues on that property, too, that doesn't conform. Those are I think the two points
,
'~ ~ of Mr. Bailey's that I wanted to kind of fill in -- at least staffs side of those issues. So, if
~~ there was something else that he brought up that you wanted me to address, I can sure
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Marshall: So, Caleb, how does the city handle nonconformance issues, as in setback --
' it's just given a grandfather and then -- so, he doesn't have to comply to those -- the
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~ u} only requirements would be, then, he'd have to hook up to water in this one particular
,
,ti 4, ` case; is that correct?
Hood: Mr. Chair, Commissioners, in this particular case -- and I didn't spend a ton of
time on it -- I don't think water is available. So, he wouldn't even have to hook up to
`
~°' - that. Back to the first part of your question statement is, yes, they are, basically,
_ grandfathered. They are vested with what's there now. Now, if he were to come in for
`~' an additional building permit or if the -- if his house were to bum down or something,
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w there now. We are not asking him to build landscape buffers and pave his driveway and
.. put on a two car garage if he doesn't have one or -- you know, a lot of those -- again,
those regulations we aren't requiring. The only requirement in the staff report for all the
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properties where the other service is available, but isn't currently being provided, they
y'{~~ are required to hook up. That's the only requirement that staffs included in the staff
<~ ; report is for those properties that aren't receiving both services today currently and the
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a other services available is that they hook up.
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Meridian Planning & Zoning Commission
January 15, 2009
Page 14 of 37
Moe: The only question to that, then, is is for them to hook up is there, then, fees that
they are required to pay?
Hood: Mr. Chairman, Members of the Commission, there are fees. Please don't ask
me what they are. They are Public Works fees. Scott mayor may not be able to handle
some of those, but certainly there are fees -- they have various meter fees and hook-up
fees and whatever other fees. If you want more details I think Scott can probably help
out with that. But, yes, the short answer is, yes, there are additional fees.
Moe: Yes. I would like to get an idea of the fees.
Steckline: Mr. Chair, Commissioners. Yes, there are fees. We have assessment fees,
meter fees, for water and for sewer. Not in this instance, but we do have landscaping
fees for pressurized irrigation, but the majority of these places, without getting into too
many specifics, if they are using wells at the time, that well gets discontinued, they use
the well for primary irrigation. I don't have the exact numbers. Offhand, athree-quarter
inch meter is around 235 dollars.
Moe: Okay. Thank you.
Hood: So, I'm going to move to Randy Stewart and Greg Rudell's comments and that
one I didn't really highlight anything to rebut, if you will. They are included in the
annexation application. We believe that they meet the Category A criteria and that's
why we include them in the application.
Moe: Okay.
Hood: So, without any questions on that one --
Marshall: I do have a couple questions, Mr. Chair. Caleb. So, saying that they are
hooked up to water, are they going to have to pay the meter fee and, then, have a meter
placed on there? And considering they are also not hooked up to sewer, are they now
going to have to install a lift station to get sewer out of there?
Hood: Mr. Chair, I may defer both of those to Public Works. They are both in more
Scott's realm than mine.
Steckline: Mr. Chair, Commissioner Marshall, let me see if our projector is working real
quick and I can give you a better bird's eye view of what we are -- what we are working
with. Okay. It's kind of rough to tell. You see in the center of the paper you have got
circled which is 700 and that's the applicant's address there. Overland Road is running
east and west. Their parcel has the northern property line near I-84. You can see eight
inch water that is their fire service line. Then, you can see there is -- it's kind of hard to
make out, but there is a red dot there, that's their fire hydrant. They also down below
that, below the 12 inch water, is eight inch water. They -- or eight inch sewer. They do
have a sewer stub to the property. The applicant is correct, in the master plan of this
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Meridian Planning 8 Zoning Commission
January 15, 2009
Page 15 of 37
property the northern portion of this property is to sewer -- give me a second.
apologize. Is to sewer to that line that I had just pointed to. The continuation of that
sewer line across would pick up the south portion -- or the north portion of the property.
The south portion of it could sewer to the stub that the city provided to the applicant
during the Overland Road work -- work there. So, at this time I believe, yes, they -- the
applicant would have to hook up to city water and hook up to city sewer per the city
code and there would be, yes, fees associated with that also.
Moe: Okay. Any other questions on that one?
Marshall: Not a question. Some comments. I'll hold off on those.
Moe: Okay. Caleb, the next one would have been Mr. Williams.
Hood: Ted Williams. 3080. And this one I'll let Anna -- she was more familiar with the
livestock aspect of our code, since that's primarily what Mr. Williams. brought up.
Canning: Commissioner -- or Chairman Moe, Commissioners, Mr. William came in.this
afternoon and I made the mistake of telling staff an answer without looking it up, which
as soon as he left we realized we had given him some more pessimistic information
than we needed to. So, that's on the good side. When we -- there used to be a
provision in the old zoning ordinance that didn't allow livestock, but it conflicted with the
information in Title 6. So, there is nothing in the UDC that prohibits livestock. There are
some animal control measures. One is that animals can't run at large, so I'm showing
that right now. No horse, mule, cow, calf, steer, bull, swine or other domestic animal -- I
think llamas would probably fall in there -- shall be allowed to run at large or be herded
in any streets, alleys, or public places. So, Mr. Williams, no herding down the public
streets. And, then, the other provisions would be that they need to be -- let me find it.
They need to take care of the refuse. They need to not create undue noise. And they
need to have tight fences. So, those are the only provisions regarding livestock within
the City of Meridian. So, the folks -- the two folks that have -- currently have animals
would be still in conformance with city codes.
Moe: Thank you.
Canning: Assuming they have fences. I'm sure they do.
Moe: Right. Any questions on that one? Okay. And then --
Newton-Huckabay: Mr. Chair, I just want to be clear --
Moe: Yes, Commissioner Newton-Huckabay.
Newton-Huckabay: -- on this. So, if these properties are not receiving the sewer or the
water, just one of the two, they are required, upon approval of this annexation, to switch
to the city service and pay for it at that time?
YA~+,.
Meridian Planning & Zoning Commission
'_ ~ January 15, 2009
Page 16 of 37
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Moe: That is correct.
Newton-Huckabay: Okay.
t1, y '~'' Moe: Okay. And, then, we had Mr. Strait.
Hood: And, Mr. Chair, Commissioners, maybe just one more quick thing on Mr.
Williams. He brought up some other uses. Riding motorcycles and whatnot. That isn't
prohibited to my knowledge. There are, similarly to the livestock things, some noise
I ordinances, some things like that, where if the vehicles aren't licensed and you got
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' ATVs and whatnot and they aren't licensed and there is some other aspects of that use
- that may be prohibited or illegal or have -- you may have some problems with police
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• although not typically associated with the city use, I m not aware of anything anyway --
. ~~~ and maybe I'll ask Anna to just do a quick search on our website just to make sure that
M I'm not speaking out of tum, but I don't think there is anything that would prohibit that
~'~ use. So, pretty confident that way, but we will double check.
Moe: Okay.
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Hood: And, then, on to Mr. Strait's properties. His properties were identified. He was in
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that master list of 80 some properties that were originally identified as receiving a
~ ~'" service, but not being annexed. And I won't reiterate the process of removing those
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properties. His case is there are single family homes on those properties. There is a
substantial undeveloped portion behind most of those homes. Most of those homes are
fairly close to Pine and have a pretty large area behind that are underdeveloped, if not
undeveloped. They are designated as mixed use community or mixed use -- it's not
regional. I think it's mixed use community or mixed use neighborhood, one of the two.
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of other similar parcels and I think that subdivision is called Onweiller as well. But in
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applicant to come forward with some request for zoning, because of the mixed use you
could have everything from an R-4 to R-8 zoning designation to C-N, L-O, R-15, R-40 --
I mean there is a vast range of zoning designations that he could request. Giving him a
zoning designation without some -- working with Mr. Strait and that's where I'm going
~" ~ with this, I guess, is he come in last week sometime, we sat down, I kind of ran through
him -- some of the thought process with this and why he wasn't included at the end of
the day. Maybe there is an opportunity to include him, though, again, if the direction
s f: becomes that we clean up these parcels that are receiving some service, maybe there
5 is some provision that we can work with the legal department on giving them a zoning,
but not giving -- vesting them with any development approvals. I don't know. But we'd
want to work with Mr. Strait and his neighbors on a redevelopment plan and have them
~;: all kind of say, yeah, this is what we envision for this before we even go to that step of
"'' annexing them. So, his request for his fee to be waived is probably best addressed by
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Meridian Planning & Zoning Commission
January 15, 2009
Page 17 of 37
the Council. So, in a month or six weeks or seven weeks whenever this -- assuming
this gets moved onto the Council this evening. He's probably best asking that part of his
question to the City Council. Again, Idon't -- without some other of those unknowns
being filled in, I don't see the city initiating an annexation on those properties anytime
soon.
Moe: Yeah.
Steckline: Mr. Chair. I also wanted to add that there was one provision that we had put
in the staff report that I wanted to touch base on. The provision is for hooking up to
services within six months. I wanted to clarify that. It's not immediate time frame. So,
we did put a provision for six months.
Moe: Okay.
Hood: And I think, Mr. Chair, Commissioners, Anna touched on Mr. Purnell's concems,
too, I think when she answered Mr. Williams' questions, concerns. So, I think with that
-- oh. And Anna did do a search and there is nothing that we have identified -- she's
identified in city code that would prohibit ATV motorcycle riding on property and the
noise issues associated with those. I didn't hear a lot of the details on his gatherings.
Certainly that -- depending on what that is, it may or may not be something that's
allowed by city code, but I'm not aware of any code violations or phone calls to our
police department out there, so I'm assuming that whatever he's doing is pretty
legitimate. So, with that being said, that's everything that I had notes for. I certainly will
stand for any further questions you all may have.
Moe: Okay. I guess one other question I would have. Am I to assume that, basically,
water, sewer, the stubs, are, what, five foot inside the property line? Is that pretty much
where they are at?
Steckline: Mr. Chair, Commissioners, it's on a case-by-case basis. A great majority of
them are stubbed out to the property, so it would just require the meter can, the meter,
then, running the piping to the applicant's home, the discontinuance of the well, and the
cross-over from there. It's -- I think we do have a 30 dollar fee through the Building
Department for an internal plumbing fee.
Moe: I'm not sure Iheard -- I didn't hear that. What did you just say?
Steckline: Internal plumbing fee from the --
Moe: Right.
Steckline: -- Building Department. The inspection's around 30 dollars, I believe. On
the sewer, the two that we excluded where there -- or excuse me -- off of Mustang
Drive, the water is not available. That applicant would be required to hook up to the
water within six months of the water being available for them.
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Meridian Planning & Zoning Commission
January 15, 2009
Page 18 of 37
Moe: Okay. And the applicant.would be required to take care of all fees, as well as the
payment of bringing their line from the stub and into their property?
Steckline: Mr. Chair, Commissioners, that would be correct. Yes.
O'Brien: Mr. Chair?
Moe: Yes, Mr. O'Brien.
O'Brien: This is for Scott. Along the same lines, on the -- on the Mountain View
Equipment site, did you say that they would have to hook up to the stub coming off
Overland Road? Is the property sloped enough that they would have to do that and
also the northern portion of the property hook up to the north connection I guess, if you
will, the one that came under the freeway.
`f ' Steckline: Mr. Chair, Commissioner O'Brien, let's see if I can explain this properly. For
the south portion of the property, yes, that sewer stub has already been provided for --
for that portion of the land. For the north portion -- and I apologize, I don't have the
drainage basin there, but we wouldn't require the applicant to go across another
individual's property and connect that sewer line to his property until some kind of
redevelopment came through and, then, at that portion, that's when the northern portion
of their property would be -- would be required to sewer. Our drainage basins kind of
work in areas of where we have capacity and such for --
O'Brien: So, is there a dual fee involved here? Would he have to pay a fee for both
north and south hookups and also two sewer bills a month for each line?
Steckline: Not to my aware, no. I'm not sure exactly how that would work, to be honest
with you. There is also the option of putting a lift station there if they wanted to. It's all
designed, basically, on how the applicant would want to redesign their property, if they
did.
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O'Brien: Okay. All right. Thank you. That's all I have.
Moe: Okay. Any other questions, Commissioners?
Marshall: Not at this time.
Moe: Okay. You have already had your public's time. Sir, come back up, please. And
this needs to be very quick. Name and address again, please.
Rudell: Greg Rudell. 1710 Gibson Way in Meridian.
Moe: Okay.
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Meridian Planning & Zoning Commission
January 15, 2009
Page 19 of 37
Rudell: And, excuse me, Caleb, if we missed that in our meeting that Randy and I had
with you here a couple months ago, but it was not our understanding that we -- that
Mountain View would be required to hook up to sewer as part of this annexation or I
would have addressed that. Exhibit No. 7, I included the tape -- just the table of
contents about your wastewater ordinance. Mountain View Equipment brings large
forage harvesters in and they have a lot of organic matter. You guys don't want that in
your sewer system. When they clean these machines off to repair them --
Marshall: I'm sorry, wasn't that addressed in your letter that I read?
Rudell: Yes, it was.
Marshall: As well as the mandatory hookup of the sewer and the lift station and
everything?
Rudell: Right.
Marshall: So, you did know about the mandatory hookup.
Rudell: We did not.
Marshall: But you addressed it in your letter.
Rudell: Just out of an abundance of caution.
Marshall: Ah.
Rudell: Okay?
Marshall: Okay.
Rudell: And where that -- their septic system is now, a pump station would be required,
and I'm going to assume that probably the restrooms in the front of the building probably
would gravity flow back to Overland, providing that sewer stub was deep enough, it
would -- should gravity flow, but the whole north side of that building will not go gravity
flow and their existing system to remove the organic matter, which is, you know,
approved by EPA and DEQ probably is not going to meet these regulations in this
pretreatment of Meridian city, just because of the volume. It's going to be an expensive
process. Okay?
Moe: Okay. Thank you. Scott, I guess what I would ask in regards to that issue,
would, then, the city be requiring them put in, basically, either an interceptor to clean up
before it was headed --okay.
Steckline: Mr. Chair, yes, that would be correct.
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Meridian Planning & Zoning Commission
January 15, 2009
Page 20 of 37
Moe: Pardon me?
Steckline: That would be correct. Yes.
Moe: Okay. And, then, that would be for them to take care of; right?
Steckline: Mr. Chair, yes, that would be correct.
Newton-Huckabay: Mr. Chair?
Moe: Yes, Mrs. Newton-Huckabay.
Newton-Huckabay: I -- on this particular one when I -- when I read through the letter, I
think -- I got the impression that maybe this wasn't the appropriate time given the type of
cleanup and whatnot, what was being done on the property. Would it all be similar --
when you were talking earlier (thought -- when you were speaking of the home with the
automotive shop, I thought you were discussing this one as well with the repair work
and that -- I mean wouldn't it kind of be in a fine line between maybe we don't want to
annex it right now. I'm kind of concerned that some of the things that -- the repair work
and disposal that's going on isn't maybe something that we want to have in the city.
Moe: Well, here, again, that's --
Newton-Huckabay: Am I clear?
Moe: Yeah. And I guess what I would say that's probably one of the points that you're
making to the Commissioners and that's where we can make that decision to exclude
them from this if, in fact, that's what, you know, we desire. I mean, basically, we have
all these -- these parcels and we have had some of these people come forward with
their concerns and --
Newton-Huckabay: Well -- and given that, (mean a C-G zoning on 11 and a half acres,
there is whole lot of different things that could go in there on an annex C-G zoning on
Overland Road that wouldn't necessarily have to go through a public hearing process,
because it would be a principally permitted use. Is that -- am I interpreting this
COITeCtly?
Moe: I believe so. Correct? Yeah.
Newton-Huckabay: I don't -- I don't recall ever annexing something with a C-G zoning
like that.
Marshall: I'm also concerned when we say they will have to hook up to water and they
will have to hook up to sewer, but they already receive services, no water or anything.
And that is part of the implied consent. It concerns me. I just -- legally (just -- I don't
know, I'm not a lawyer and I --
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Meridian Planning & Zoning Commission
January 15, 2009
Page 21 of 37
Newton-Huckabay: You agree with the applicant that the fire hydrant doesn't --
Marshall: I'm not sure. I -- it really calls into question in my mind as to whether or not
that is implied consent. Was that fire hydrant placed there at the applicant's request? I
don't know. Did the city just go in and place it? I don't -- the fire department said you
have to place it there to build there -- I shouldn't be -- but does that constitute implied
consent? I assume so, because you're saying I want city services, but don't even have
a meter there.
Moe: In order to build the building there they were required to have the services there,
therefore, it's the city water, the service is there, that's why they had to hook up to it, you
know, so, yes, it's there.
Marshall: Right.
Moe: So, the public testimony is done. Anymore questions of the staff at all? If not, we
can do a closing of the public hearing and we can deliberate some more, make some
decisions.
Newton-Huckabay: Mr. Chair?
Moe: Commissioner Newton-Huckabay.
Newton-Huckabay: I recommend we close the public hearing on AZ 08-013.
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O'Brien: Second.
Marshall: I'll second that movement.
Moe: It's been moved and seconded to close the public hearing on AZ 08-013. All
those in favor say aye. Opposed? That motion carries.
MOTION CARRIED: FOUR AYES. ONE ABSENT.
Moe: Comments? Commissioner O'Brien, any thoughts?
O'Brien: It's -- Mr. Chair, Commissioners, other than it seems like some of these things
are somewhat confusing, but I think each one of them has to be looked at in their -- in
their own right, especially Mountain View Equipment I think is in a unique situation. I
have to agree with Commissioner Newton-Huckabay that maybe we don't annex these
folks at this time. But, of course, that always brings other questions and I'm not sure
what the answer might be. Sometimes to error on the side of caution might be the way
to go until such time as we have more information or as time goes on as to -- as to what
direction we can go and this holds true with some of the -- some other properties.
However, not so much as the Mountain View Equipment issues. I think Caleb
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Meridian Planning 8~ Zoning Commission
January 15, 2009
,' Page 22 of 37
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addressed that pretty well as far as the issues with livestock and other land use, pretty
clear. And if something is available I think we need to have them hook up. Regarding
.. ,' the Bailey's concern, I think that pretty much was answered pretty with Caleb's
.., response, so outside of Mountain View, I think I'm good to go with the rest of them, but
think we just have to include that, as far as myself goes, in the motion.
I Moe: Okay. Mr. Marshall, any comments?
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Marshall: You have convinced me that Mountain View is receiving services, but
_~! Commissioner Huckabay made a very good argument --
Newton-Huckabay: Newton-Huckabay.
Marshall: -- I think that that's three separate tax parcels there at 700 West Overland
r -u and placing a C-G zone on it, I'm not convinced is the best thing to do right at this
:_~.~;~ moment with what it could potentially do. As far as noncompliance issues, I was very
-~ happy with the city's answers -- with staffs answers on that. To be honest, I'm not
~~ X44 happy with placing financial burdens on people right now at this point in time and -- with
the economy and the like, but -- in that it's 235 dollars for a meter. That and it does
service the city's best interest to be able to annex those outlying parcels. I think for
x future building, so they make sure that they -- they build within -- if things change and
"` they build, it needs to be within the city codes and things like that. My one reservation
is the 700 West Overland, three tax parcels. That's where I'm at.
Moe: Thank you, sir. Commissioner Newton-Huckabay.
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Newton-Huckabay: I need just a clarification on the -- the Bailey property. One of the
`~_''' benefits to the annexation is, obviously, your trash collection changes. So, are going to
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`, ~~ Hood: Mr. Chair, Commissioner Newton-Huckabay, that's going to be up to SSC.
~` ~~' Certainly we will notify them if and when these parcels are annexed, we will let them
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service through sanitary services companies. It's up to them, then, to work with their
4';~ ~' existing service provider on discontinuing that service and starting up SSC's service.
Newton-Huckabay: Them being SSC?
Hood: Yeah. SSC. The new -- the city contracted service for refuse. To tell you the
' ~ truth, I'm not behind those doors and don't know how those processes work. It's
certainly not going to be overnight, there will be some -- through your billing cycle or
after next billing cycle or however that works with them. And maybe they agreed that it
~> ~;* doesn't -- it's not cost effective for them to pick up one home for now in a subdivision
that BFI or whoever is providing that service now continues to do so until some more, if
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Meridian Planning & Zoning Commission
January 15, 2009
Page 23 of 37
not all of that subdivision is annexed into the city. I'm not exactly sure, but that is not a
city provided service, it's a service provided by the city through a contractor, so --
Newton-Huckabay: Right. But it's one of the things that we list as a benefit of being
annexed.
Hood: And Idon't -- I don't know that that service necessarily -- not to knock on SSC's
service, I think it's fine. They are still going to have a garbage day. I'm mean it's not
like you're going to see that SSC service is better than whoever is providing that service
now. It's a change of service. They are going to -- their garbage day may change from
Wednesday to Tuesday or to Friday. I don't know what SSC's -- it's just to let them
know here is a change you can expect at some point in time.
Moe: Okay.
Marshall: Mr. Chair?
Moe: Yes.
Marshall: Caleb, then, are they -- if SSC is not willing to go in there and pick up the
garbage, are they billed by both BFI and SSC? I mean right now my SSC bill comes
through the city. Would that be removed from their bill?
Hood: Mr. Chair, I -- Commissioner Marshall, I don't think that SSC would say it's not
worth it for us to drive a truck down there to pick up his garbage -- I think -- and I don't
know all the ins and outs of the contract and I don't know if we even want to go there,
but I think they are probably, if I had a guess, are responsible for picking up all the
service for all the properties that are annexed into the city. If they agree or there is
something else, some way out of that and -- end of the day someone's going to pick up
their garbage and they won't be getting double billed.
Marshall: Right.
Hood: How exactly all those details get worked out I don't know, but I can guarantee
you -- and if he does see a double bill, come see me and I will work -- I'll help him work
it out, even though I don't know thing one about garbage collection with SSC, but we will
figure it out and if that is -- there is a billing error, I'm -- I'll help them figure that out and
get it squared away, so -- so, he's not getting the double bill.
Newton-Huckabay: Thank you. I -- Mr. Chair, I am of the opinion that the Mountain
View Equipment really falls under the same kind of things that would have discontinued
-- or disqualified, excuse me, Mr. Strait's property. I think the development --
redevelopment potential is different enough from what it is now that -- and -- that I'm
really wanting to put a C-G zoning on that property. Me personally. Mr. Bailey's
property is the only other one that does seem rather odd to me to just take one -- one
property in that subdivision. I do have to agree with him that bringing in the whole
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Meridian Planning & Zoning Commission
January 15, 2009
Page 24 of 37
subdivision makes -- makes more sense. Where we are not requiring a water hook up,
it's not such a deal breaker for me clear out there, but I do think that one doesn't
necessarily fit in with the normal spirit of these for me. With that I will let whoever wants
to make the motion. That's going to be me, uh?
Marshall: I'll tell you what, I'll make the motion. Mr. Chair?
Moe: Mr. Marshall.
Marshall: I just had to consider how I was going to go here. Okay. After considering all
staff, applicant, and public testimony, I move to approve file number AZ 08-013 as
presented in the staff report for the hearing date of January 15th, 2009, with the
following modifications: Remove the properties at 1725 and 1775 West Pine Avenue
and the properties at 700 West Overland Road and the property at 870 South Mustang
Street from the current application -- annexation application and direct staff to submit a
separate annexation application for those properties representing a commercial
designation. That's it. That's my movement.
Newton-Huckabay: Second.
Moe: Okay. It's been moved and seconded to approve AZ 08-013 with the
modifications as noted. All those in favor say aye. Opposed? Aye. That motion
carries.
MOTION CARRIED: THREE AYES. ONE NAY. ONE ABSENT.
Hood: Mr. Chair, just for clarification, that second part of the motion maker's motion
was to submit another application. If that were the case we would be back to where we
are now, basically, in a couple of months with 700 Overland and 870 Mustang, if that's,
in fact, what happens. So, just for clarification, that was specifically included for your
consideration for the two properties on Pine Avenue. Submitting a new application for --
for the two properties you just -- in addition to decided to not recommend approval to
the City Council of annexing, I don't think you want to -- I don't think that's your intent,
but I'm not trying to put words in your mouth.
Marshall: No, that was not my intent. Should we take another vote on that?
Moe: Modify that motion, please.
Marshall: Mr. Chair, I'd like to modify the motion. The intent of the motion was to
remove the properties at 1725 and 1775 West Pine Avenue from the current annexation
application and direct staff to submit a separate annexation applicant for the properties
representing a commercial designation and, then, to exclude the properties at 700 West
Overland and 870 South Mustang Street from the annexation -- annexation application.
O'Brien: Second.
::h'~f'
` ~
~'4~
Meridian Planning & Zoning Commission
> ~ January 15, 2009
Page 25 of 37
,1 Moe: It's been moved and seconded to approve AZ 08-013 with the revised
modifications noted. All those in favor say aye. Opposed? Aye. Motion still carries.
~~ ~ ~~~ MOTION CARRIED: THREE AYES. ONE NAY. ONE ABSENT.
.__
Item 5: Public Hearing: AZ 08-014 Request for Annexation and Zoning of 2.74
t'.,,
acres from RUT district in Ada County to the L-O district for Kings
Congregation Church by King's Congregation -1201 E. Victory Road:
_: ,
~ ° ~~ ~'`' Moe: Okay. Next hearing will be the AZ 08-014 for King's Congregational Church and
~ ~ we will start with the staff report, please.
Wafters: Thank you, Chairman Moe, Members of the Commission. The next
lication before you is a request to annex and zone 2.74 acres of land from R-1 to L-
a
`~' ~"~ pp
O. The property is located at 1201 East Victory Road, a quarter mile west of Locust
~'
r Grove on the south side of Victory Road. As you see here, there is a zoning map and
'
• `'-~ ~
aerial map of the property. As stated, the applicant is proposing to annex the property
~~.~ with an L-O zoning district, which is consistent with the Comprehensive Plan future land
use map designation of the public/quasi-public for this site. Church uses are principally
`~~~^ permitted in the L-O district. The applicant has submitted a conceptual master plan for
this site showing the existing two story, 7,000 square foot building, and a future two
~ ~ story 42,500 square foot building on the southern portion of the property and associated
~;~ ~' parking and landscaping. Improvements to the site are proposed to be constructed in
two phases as shown on the concept plan. The phase line runs right across here. That
bold line. Currently this site has two access points, two from Victory Road. Once
~_
~"
annexed the applicant shall remove all access points to Victory Road and access sha
~ .~ be prohibited. Access to the site is proposed from a stub street, East Pienza Street, on
~ 'fi the east side of the property here that exists to this site from Tuscany Village
~` Subdivision. An emergency vehicle turn around is depicted on the site plan at the
`': { terminous of Pienza Street. Right here. It's kind of a T turnaround. ACHD is not
~~ requiring Pienza to be extended to Mesa Way. Because the church -- current church
use of the property is not an existing approved use in Ada county, the applicant will
o `. for a certificate of zoning compliance for approval of a church use in the
l
need to a
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pp
L-O district once the property is annexed prior issuance of certificate of occupancy. The
<< site shall be required to comply with all current code provisions of the UDC at that time.
,,r.
These are elevations of the existing building, the first phase. Improvements to this
~~ building will be constructed in phase one and they include stone veneer around the
~~~ lower portion of the building and new paint. These are the elevations of the second
~- ` `- phase building and they depict stone veneer also to match the improvements to the
'°' `' existing building and blue metal roof also to match. The applicant has submitted a
` written response to the staff report. The fire department has reviewed the response
~.... ~:
~r
would like to include the following as additional provisions of the development
~ ~ agreement. The applicant shall have six months from the date of annexation approval
to complete the following: The applicant shall fire sprinkler the building, bring the exit
~ systems, exit signs, and emergency lighting for the entire building into compliance with
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Meridian Planning 8~ Zoning Commission
January 15, 2009
Page 26 of 37
International Fire Code. An interim life safety plan will be required for the first six
months of use from the date of annexation approval until the life safety upgrades are
completed. Staff spoke with the applicant prior to the meeting tonight and the applicant
is in agreement with these provisions. Staff is recommending approval of the
annexation request with the development agreement per the staff report. Staff will
stand for any questions the Commission may have at this time.
Moe: Any questions of staff?
O'Brien: None.
Newton-Huckabay: None.
Moe: Okay. Thank you. Would the applicant come forward, please. Please state your
name and address for the record.
Morrison: Mr. Chair, Commission Members, my name is Tye Morrison. I live at 825
West Victory in Boise, Idaho. I represent King's Congregation Church in this matter.
I'm also a member of the congregation. Given the fact that there was an excellent
presentation of our request for annexation and zoning certificate and no questions from
the Commissioners, I don't really have a lot more to say. It's kind of the opposite of
what you just went through. We are currently a piece of county property. The seller of
the property made an offer to us, we are under contract with them pending the
conditions of approval for annexation and zoning certificate of compliance and the intent
would be for us to take over ownership of the building. Our choice in this matter was
weighed against continued use of the facility in the county, which was under a
Conditional Use Permit and we felt it was in the church's best interest should we
purchase the property to be annexed into the City of Meridian and receive benefit from
city utilities and services.
Moe: Okay. So, all conditions of the report you're in agreement with?
Morrison: We are.
Moe: Thank you. Any questions? Thank you very much.
Morrison: Thank you.
Moe: We have one person signed up and that's Allen Burrows.
Burrows: Mr. Chairman and Commissioners, I'm the pastor of the church and I only
signed in because I thought I was supposed to. I don't have anything to add, unless you
have any questions for me.
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Meridian Planning & Zoning Commission
January 15, 2009
Page 27 of 37
Moe: You're fine. Thank you very much. Again, that's all that signed up. If there is
anyone else that would like to speak to this, you're more than welcome. Seeing none,
Commissioners?
Newton-Huckabay: Mr. Chair.
Moe: Commissioner Newton-Huckabay.
Newton-Huckabay: I recommend we close the public hearing on AZ 08-014.
Marshall: Second.
Moe: It's been moved and seconded to close the public hearing on AZ 08-014. All
those in favor say aye. Opposed? That motion carries.
MOTION CARRIED: FOUR AYES. ONE ABSENT.
Moe: Commissioner Newton-Huckabay.
Newton-Huckabay: I would just make the comment, Mr. Chair that I think this is an
improvement on what the property is today. I have no concerns with the staff report or
the request.
Moe: I would concur. I actually had made a comment earlier today that once they get
their improvements on the front, it's kind of the build it and they will come, I would
assume that phase two may happen sooner, so -- and I hope that's the case.
Newton-Huckabay: Mr. Chair?
Moe: Commissioner Newton-Huckabay.
Newton-Huckabay: After considering all staff, applicant, and public testimony, I move to
recommend approval to City Council of file number AZ 08-014 as presented in the staff
report for the hearing date of January 15th with no modifications.
O'Brien: Second.
Moe: It's been moved and seconded to approve AZ 08-014. All those in favor signify by
saying aye. Opposed? That motion carries.
MOTION CARRIED: FOUR AYES. ONE ABSENT.
O'Brien: I think that's a great addition to that area.
Item 6: Public Hearing: CUP 08-031 Request for a Conditional Use Permit to
operate an indoor recreation facility (dance studio) from an existing
~:,: i
.
` '~ Meridian Planning & Zoning Commission
_
~
` January 15, 2009
5',`' Page 28 of 37
~; building in an I-L .zoning district for Meridian Stars Dance by Cynthia
~ ">'
<;
~ Rodriguez -195 South Adkins Way:
.
.
~
Moe: At this time I'd like to open the public hearing on CUP 08-031 for Meridian Stars
- Dance and start with the staff report, please.
Canning: Chairman Moe, Commissioners, I'm filling in for Mr. Parson today. This item
is -- the project's name is the Meridian Stars Dance Studio. It's located at 195 South
-
"' The application
Atkins Way, which is Lot 6, Block 1, or Medamont Subdivision No. 1.
before you tonight is Conditional Use Permit approval of an indoor recreation facility, a
{~ ~ dance studio, in an I-L zone. Just to orient you, the police department is over in this R-8
~ ~'' piece and, then, it's that road that dead ends into the police department about mid way
I from Franklin. The proposed use would occupy a portion of the 3,290 square foot --
k ;.
~~:.'' that's the portion that would occupy an existing 13,000 square foot building. There is
adequate on-site parking to serve the use. The hours of operation as stated by the
~.j applicant in their application are Monday through Thursday from 4:30 to 8:30 p.m. The ~
~~ applicant may request a later closing time at this hearing. So, I think they wanted to
. extend their original request. You can see the existing building on the aerial. This is the
ca a Ian. And here are some hotos of the existing
site and lands
osed p
existing or prop p p
~` "~~~~ building. I believe that's it. The adjacent land uses include amulti-tenant building
I zoned I-L to the north. Also amulti-tenant building and machine shop zoned I-L to the
~,.~ .'. east and to the south is another multi-tenant building zoned I-L. And to the west is a
~,". =`'r' vacant land and the Idaho Soccer Center, also zoned I-L. The Comp Plan designation I
` " is industrial. It does comply with the Comprehensive Plan and it does comply with the ~
6 ~''' UDC. There was a certificate of zoning compliance for Stonebridge Business Park
4 '~~= approved on this property on July 9th, 1998, for the existing building on the site. The
u {ar~1 proposed use has been classified as an indoor recreation facility, which is a conditional
use in the I-L zone. Upon approval of the Conditional Use Permit a new CZC will also
~" r ~ `, be required for the change in use of the site from office warehouse to dance study prior
' to the establishment of the new use. They will not have to make any site modifications,
though. At least that's my understanding at this time. So, to our knowledge there are
>`~ no outstanding issues before the Commission. We have not received any written
`:'
: testimony and the staff recommendation is for approval
~..:
::
~~ Moe: Any questions of staff?
O'Brien: None.
` Moe: Great. Would the applicant like to come forward?
~ ~' Rodriguez: Hello. I'm Cynthia Rodriguez, the owner director. Do you want my home
_ address? 5357 North Fox Run Way, Meridian, Idaho.
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Meridian Planning & Zoning Commission
January 15, 2009
Page 29 of 37
Rodriguez: Dance teacher as well. We chose the spot due to its central location in
Meridian. We were previously in the Cherry Plaza for three years. We teach dance for
ages three and up. Have very few adults. So, mainly little kids. That's why our
business hours are pretty limited in just the early evening hours. We chose this spot
because it's a couple of blocks away to a similar location, similar business, and, then, a
couple of blocks away from there are two other similar type businesses that do the
same type of instruction, whether it be gymnastics or dance. So, it provides really good
space for us, because we need that, especially with our competition team, need lots of
spread out space. Not being a high profit business we need lots of space for less -- less
money, so it seemed like it would be a good partnership for us.
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Moe: As far as your hours of operation, you wanted to -- you were looking to change
that?
Rodriguez: No. I think Mr. Parsons had mentioned maybe to the architect and design
crew that maybe in the future you want to extend hours to maybe help in a business
sense, because a lot of the fees got really high to do the zoning. At this point we don't
want to. I don't know if that requires later on -- maybe down the road if we do grow, to
come before you again to extend those hours. I'm not sure, but right now we are really
comfortable with those hours. Our little eight year olds usually have to leave pretty
early.
Moe: That time of the night is just almost my bedtime usually also, so I understand that.
Newton-Huckabay: Oh, my gosh, you're up past your bedtime.
Moe: As far as the staff report, you're in agreement with the report?
Rodriguez: Yes.
Moe: Okay. Thank you very much. Any questions?
O'Brien: None from me.
Rodriguez: Thank you.
Moe: Thank you very much. We did have a couple folks signed up. Brian McKowen.
Okay. From the audience he's fine. And, then, Lyle Powers. It looks like Lyle has left,
so we won't worry about him. So, that just leaves the three gentlemen in the middle
there if they want to talk and not on this one I don't believe. So, having said that --
Newton-Huckabay: Mr. Chair?
Moe: Commissioner Newton-Huckabay.
~~
,+ ,
Meridian Planning & Zoning Commission
January 15, 2009
Page 30 of 37
Newton-Huckabay: I have to -- even though I understand Ms. Rodriguez is comfortable
with the hours that she has put on here, I certainly am not comfortable in saying that it's
limited to -- what you expect to be open is one thing, but what you have the ability to be
open Ithink -- I think it makes more sense to put astandard -- just -- if we are going to
put business hours in here, I'd rather see us put something similar to what we are
putting to any other business, which, you know, is 7:00 to 10:00.
Moe: Well, Commissioner, I was anticipating that you were going to want to do that.
Newton-Huckabay: Well, you know how I feel about operating hours.
Moe: And I actually happen to agree with you, so that could be part of a motion if, in
fact, you were looking to possibly make a motion.
Caning: Chairman Moe, may I interject for a moment? You are not required to put
hours of operation on a permit. So, that's not something you have to do. Traditionally
your hours of operation have been in the L-O and C-N districts and this is a different
situation. It's an industrial district. So, I just wanted to --
Newton-Huckabay: I'd like to strike them all together.
Canning: And that's fine.
Newton-Huckabay: You just dance all night.
O'Brien: Mr. Chair?
Moe: Commissioner O'Brien.
O'Brien: I move to close the public hearing AZ -- I'm song. CUP 08-031.
Marshall: Second.
Moe: It's been moved and seconded to close the public hearing on CUP 08-031. All
those in favor say aye. Opposed? That motion carries.
MOTION CARRIED: FOUR AYES. ONE ABSENT.
Newton-Huckabay: Mr. Chair?
Moe: Commissioner Newton-Huckabay.
Newton-Huckabay: After considering all staff, applicant, and public testimony, I move to
approve file number CUP 08-031, as presented in the staff report for the hearing date of
January 15th, 2009, with the following modifications to the conditions of approval: That
we remove condition of approval 1.2. I further move to .direct staff to prepare an
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Meridian Planning & Zoning Commission
i`,l.-4~
~- ~ January 15, 2009
;~;~~ Page 31 of 37
appropriate findings document to be considered at the next Planning and Zoning
Commission hearing on February 5th, 2009. End of motion.
~;
Marshall: Second.
;:
~" Moe: It's been moved and seconded to approve CUP 08-031 as modified. All those in
~r~ favor say aye. Opposed? That motion carries.
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MOTION CARRIED: FOUR AYES. ONE ABSENT.
Item 7: Public Hearing: PP 08-011 Request for Preliminary Plat approval of 17
commercial lots on approximately 8.7 acres in a C-G zoning district for
' Trade Plaza by Trade Plaza Subdivision Development, LLC -Northwest
"° `° Comer of Meridian Road and Corporate Drive:
~~
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Moe: Let's see, we want to take about a 30 minute break. At this time I'd like to open
"
. the public hearing for PP 08-011 for Trade Plaza and start with the staff report, please.
,
Canning: Chairman Moe, Commissioners, this is the Trade Plaza Subdivision project.
It's located on the northwest comer of Meridian Road and Corporate Drive. The
application before you tonight is a preliminary plat. The preliminary plat consists of 17
commercial building lots on approximately 8.7 acres and currently the applicant has
';~ submitted an alternative compliance application requesting a reduction of the 20 foot
wide landscape buffer along the southern boundary of Lot 4, Block 1, of the proposed
subdivision. And I have to confess I didn't look up the numbers and there is no way I
"~" can read them right now, so you might ask the applicant for some more detail on that
issue. I apologize. Adjacent land uses to the north include the Troutner Park
Subdivision and John's Auto Care, zoned C-G. To the east are commercial restaurants,
"z "~' zoned C-G. To the south is a storage facility, zoned C-G. And to the west is an
~, unimproved parking lot and office building zoned C-G and L-O. The Comp Plan
designation is commercial and this is consistent with the Comprehensive Plan and it
does comply with the UDC as well. This property may look familiar and that's because
' ~ the Planning and Zoning Commission heard this item and
2008
on September 18th
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recommended approval to City Council. One of the conditions related to that was the
extension of Corporate Drive and the owners weren't comfortable with that, so prior to
'~ the City Council hearing the applicant withdrew the application. This is the landscape
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plan. Yeah. That's all we have. The staff report mentions elevations. We had
previously seen some elevations of the existing credit union for information purposes --
but the proposed. The same plans are now proposed. We thought
not the existing
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they could be presented to you tonight. The applicant was not able to get those.
~'~'`~ However, the Planning Commission will be able to review those when that comes in for
a Conditional Use Permit. They do require a Conditional Use Permit, because they
want to have adrive-thru and it's close to all the drive-thrus on the other side of the
~ ~ street. So, it kicks in for a Conditional Use Permit. So, you will see those. So, you
~~` `~` don't have elevations tonight, but staff is comfortable with that fact if the Planning
~~~. Commission is comfortable with that. So, the outstanding issues for the Commission is
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~ - the -- the larger question is should Corporate Drive be extended the full length of the
x ~ property now or is it okay, as the applicants have proposed, to be constructed in two
phases current with plat phasing and development. Also, the applicant's engineer had
'~j responded to the staff report and I believe you got that a-mail communication or memo
.
I and based on the issues raised in that, staff is recommending a couple changes to the
~~ ~.~<{ condition of approval 1.1.1 and those are bulleted items. But the first is the one -- I think
~~" it's the third bullet with regard to across-access easement and I have provided some
- underline and strike-out language in your intro sheets that we have provided. We are
~ ~' `~j suggesting that the bullet read: As necessary, across-access easement shall be
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recorded via a recorded document and/or a note on the final plat to insure that all lots
~.:~_~~' within the subdivision have direct access to the public street system. So, all we are
z~j saying is that if you -- if you move lot lines around such that someone doesn't have
=; ~";~~ direct access to Corporate Drive or to the street in the center of the plat that you would
,
~~ ~ need to provide cross-access for those properties. The second one is just one just
clarifying the status of any unplatted portion and it just says the building permits will be
~. issued -- no building permits will be issued for the unplatted portion until subsequent
final plat or plats are recorded. So, that's just a -- to clarify the status of that unplatted
portion. I did run those by the applicant and he was fine with both those changes. As I
mentioned before, we did have the applicant's response to the staff report and staff is
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recommending approval and with that I'll answer any questions the Commission may
have.
~~ ,. Moe: Okay. Any questions of staff at this time?
~~;~
~ ` ~ O'Brien: Mr. Chair, I just had one question. And it's -- hopefully, this isn't way out of line
~.
~' on it, but it has to do with the Waltman Land -- the Waltman project. I remember we
.-~: were talking about in order for that to go forward they would have to build out Corporate
~~' ~ Drive to connect that project. Is this -- now, phase two, who knows when that might be
~.
x built out, but will this affect everything beyond that phase one now? Is that going to
affect the project and -- that we had talked about last year?
k Canning: Chairman Moe, Commissioner O'Brien, yes and no. The extension of
~=` ~ Corporate Drive that was discussed during the Waltman hearings is this section right
here. So, this portion is already built. The extension needs to come through here to hit
ss`~: these properties to the south. Right now they do have the ability to go out West 5th and
to get out that way and also to come up to Penwood Street. So, this -- this connection
~ is at corporate through here. So, there is a redundant street system at Penwood to
~'~`~ provide full access. So, it's not critical. This was the critical component.
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K"i'~ti O'Brien: Thank you. Appreciate the overhead.
F~ Moe: Any other questions? Would the applicant like to come forward?
Barry: Mr. Chairman, Members of the Planning and Zoning Commission and staff,
~:
~; thank you for the opportunity to come here today. First off --
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January 15, 2009
Page 33 of 37
Moe: Name and address, please.
Bany: My name is Art Barry. My address is 4804 Roberts Road in Boise and I am the
owner of the LLC that owns Trade Plaza, phase one, the property to the east of this two
phased project. In response to staffs question, I was delivered this afternoon the
elevations for Ida-Div, the building on the comer, which are in preliminary proposal state
and if -- if staff and the chairman would appreciate receiving these; I'd be happy to
distribute the only copy I have now.
Moe: We'd like to see that.
Newton-Huckabay: Can we take a copy of it or --
Canning: I can put it up on the overhead.
Barry: Since this is one of the open elements that was asked to be addressed that was
out of our control, because the -- that portion of the project is being provided by Ida-Div
and Tom Zabala, their architect, I hope you will find in the subsequent photos that they
are consistent with a modem, high quality, gateway entry building to the -- on Meridian
and Corporate and will be consistent with what we plan for the remainder of the center.
Secondly, myself and Mr. Perez and Mr. Sargent, the owners of phase two, concur and
agree with the amendments proposed by staff in relationship to access and cross-
access and would cooperate any way we can to effectuate that easement goal. And
other than that, we concur with the recommendation of staff and ask for approval.
Moe: Okay. Any questions of the applicant?
Newton-Huckabay: I have none.
O'Brien: I have none.
Moe: Okay. Thank you very much.
Barry: Thank you.
Moe: No one else signed up. I don't think -- they don't want to speak either tonight, I
guess, so, Commissioners, what do you think? I guess what I would say is I am glad it
came back, made the changes -- I mean I understand, you know, why they can't
develop at all. I'm glad to see the fire department and police department have signed
on -- onto the way it's been set up, so I would concur with staff, I could approve this.
Any other comments from any of the Commissioners?
O'Brien: Want to close the public hearing? No?
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January 15, 2009
Page 34 of 37
Newton-Huckabay: Mr. Chair, I have a question. So, that -- that was the only -- I was
trying to figure out last night when I was reading through this again. The road is really
the only significant difference that we are --
Moe: That is correct.
Newton-Huckabay: Okay.
Moe: Pretty much.
Newton-Huckabay: Okay. I thought, wow, I must really be missing --okay.
Moe: At least you did your homework. That's good. I recommend or -
Newton-Huckabay: Mr. Chair, to close the public hearing on PP 08-011.
O'Brien: Second.
Moe: It's been moved and seconded to close the public hearing on PP 08-011. All
those in favor say aye. Opposed?
MOTION CARRIED: FOUR AYES. ONE ABSENT.
Moe: Anna, would it just suffice -- I'm not -- I don't think anybody here wrote down
those changes, so just as long as they note the changes.
Newton-Huckabay: I have them right here.
Moe: Oh. I'm sorry. Excuse me.
Canning: They should be on your cheat sheet that you got earlier today. Yes.
Moe: I didn't get one of those.
Newton-Huckabay: Well, I will make the motion. Mr. Chair?
Moe: Commissioner Newton-Huckabay.
Newton-Huckabay: After considering all staff, applicant, and public testimony, I move to
recommend approval to the City Council of file number PP 08-011 as presented in the
staff report for the hearing date of January 15th, 2009, with the following modification.
Under condition of approval 1.1.1, bullet number -- the second bullet related to cross --
cross-access will be changed to read: As necessary across-access easement shall be
recorded via a recorded document and/or note on the final plat to insure that all lots
within the subdivision have direct access to the public street system. And, then, I
~.
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Meridian Planning & Zoning Commission
January 15, 2009
Page 35 of 37
believe this is a fifth bullet in 1.1.1. No building permits will be issued for the unplatted
portion until subsequent final plat or plats are recorded. End of motion.
Marshall: Second.
Moe: It's been moved and seconded to approve PP 08-011 with the modifications as
noted. All those in favor say aye. Opposed? That motion carries.
MOTION CARRIED: FOUR AYES. ONE ABSENT.
Item 8: Election of Officers:
Moe: Next item on the agenda would be the election of officers, since it is the new year.
I have -- I have served one year as chair. I don't mine serving a second, but if there is
someone that just would love to do it, nominations are open for the chair.
Newton-Huckabay: Can we vote on offices with only four of us here?
Marshall: Usually I thought the person not here was the one that ended up getting
elected. I thought that was the way it was supposed to be done.
Baird: Mr. Chair, Members of the Commission, it's like any other matter, if you have got
a quorum --
Newton-Huckabay: We are okay.
Baird: -- you can certainly move forward, but as Commissioner Marshall points out,
those are absent at their peril.
Moe: He's already had enough peril on his motorcycle, so - so, as I said, the
nominations are open for the chairman.
Marshall: Mr. Chair, I would like to nominate you for the chair.
O'Brien: Second.
Newton-Huckabay: There you go.
Moe: Are there other nominations for chairman? Okay. There you go.
Newton-Huckabay: What sense is that making?
O'Brien: Mr. Chair, what about vice -- vice-chair?
Marshall: Well, we have got to vote on chair first.'
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Meridian Planning & Zoning Commission
~, ~ ~ ~ January 15, 2009
Page 36 of 37
Moe: Yeah. We got to vote on chair first. Okay. David Moe has been nominated to be
'' the chairman. All those in favor say aye. Opposed?
.` _ ~'
~; MOTION CARRIED: FOUR AYES. ONE ABSENT.
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Canning: Mr. Baird, in anticipation of their next move, don't they need to move to close
~~ ~ £± r~ - ' ' the nominations or are we being that officious today?
Baird: Mr. Chair, no. I would -- I would say that that was presumed in what we just had,
but under strict parliamentary procedure you are correct.
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~~- Baird: But I wouldn't say you have to redo it. It's very clear. But before you go forward
"` ~' _ you might want to consider that for your next --
Moe: I will definitely do that on this next one coming up.
z ;, Marshall: Mr. Chair, at this time I'd like to nominate Commissioner Huckabay as vice-
. ` ~` chair.
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Huckabay.
r" ~ {; Marshall: Newton-Huckabay. Sorry, Wendy.
'`~ Newton-Huckabay: Well, it's not okay, really, but you will get there.
~:~
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Moe: And I will let you know it only took me once to get it. I would second that
nomination. Are there any others for the vice-chairman or whatever? Okay. Then, I will
tip; 2;~ close the nominations for vice-chairman and all those in favor of --
;~-~ Baird: Mr. Chair, you might entertain a motion to close nominations.
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- Marshall: Mr. Chair, I'd like to make a motion to close nominations on vice-chair at this
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O'Brien: Second.
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r',,~ Moe: Okay. It's been moved and seconded to close the nominations. All those in favor
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say aye. Opposed? That motion carries.
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MOTION CARRIED: FOUR AYES. ONE ABSENT.
Moe: Therefore, it's been --
Newton-Huckabay: Moved and seconded.
Moe: -- moved and seconded to approve Commissioner Newton-Huckabay for vice-
chair. All those in favor say aye. Opposed? That motion carries.
MOTION CARRIED: FOUR AYES. ONE ABSENT.
Moe: One more, please.
Newton-Huckabay: I move we adjourn.
O'Brien: Second.
Moe: It's been moved and seconded to adjourn. All those in favor say aye. That
motion carves.
MOTION CARRIED: FOUR AYES. ONE ABSENT.
Moe: We end at 8:52.
MEETING ADJOURNED AT 8:52 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.)
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