2001 09-20Meridian Planning and Zoning Commission Meeting September 20, 2001
The City of Meridian Planning and Zoning Commission Meeting was called to
order at 7:00 P.M. on Thursday, September 20, 2001, by Chairman Keith Borup.
Members Present: Keith Borup, Sally Norton, Bill Nary and Keven Shreeve.
Members Absent: Jerry Centers
Others Present: Steve Siddoway, Bruce Freckleton, Larry Moore, Dean Willis
and Tara Green.
Borup: Good evening, ladies and gentlemen. We'd like to call to order again our
regular -- our regular scheduled Planning and Zoning Meeting for the City of
Meridian for Thursday, September 20th.
Item 1. Roll-call Attendance:
__X__Sally Norton __O__ Jerry Centers
__X__Bill Nary __X__ Keven Shreeve
__X__Chairman Keith Borup
Borup: We will begin with roll call of Commissioners in attendance.
Commissioner Norton.
Item 3. Consent Agenda:
A. Approve minutes of August 2, 2001 Planning and Zoning
Regular Meeting:
B. Approve minutes of August 16, 2001 Planning and Zoning
Regular Meeting:
Borup: The first item on the agenda is the minutes.
Norton: Mr. Chairman?
Borup: Commissioner Norton.
Norton: I'd like to -- before we adopt the agenda I'd like to -- if we could approve
the minutes of August 16th
and of August 2nd
. They just have August 2nd
here,
but since we have the minutes of August 16th
could we approve both of them
tonight?
Borup: Let's go ahead and add August 16th
to the agenda, adding those
minutes.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 2
Norton: It's so nice to have the minutes done so quickly.
Borup: Any comments or questions on the minutes from August 2nd
and August
16th
? Do we have a motion?
Norton: Mr. Chairman, I move to adopt the minutes of August the 2nd
-- do you
want both of them at the same time?
Borup: I think that would be fine, since there are no questions.
Norton: And August 16th
. I move to adopt those minutes.
Shreeve: I second that.
Borup: Motion and second. All in favor?
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 4. Continued Public Hearing from August 16, 2001: PP 00-023
Request for Preliminary Plat approval of 30 building lots and 2
other lots on 16.4 acres in an R-4 zone for proposed Autumn Faire
Subdivision No. 2 by Gemstar Properties, LLC – east of North
Black Cat Road and south of West Ustick Road:
Borup: Thank you. The first Public Hearing item on the agenda is a Continued
Public Hearing, request for Preliminary Plat approval for 30 building lots and two
other lots on 16 acres, No. 1 PP 00-023, for Autumn Faire Subdivision No. 2. I'd
like to begin with the staff report and maybe since -- due to the length of time for
when we first heard the initial application, maybe just a little bit of history on why
it was continued. I don't know if Steve wants to do that or Bruce. Are there any
staff -- any other staff report that you needed to add to -- it seems to me like it
was mainly on a Sewer Easement issue -- I can't remember if it was easement or
just a sewer -- are you just going to have the applicant fill us in?
Siddoway: We can start and then --
Borup: Okay.
Siddoway: -- Mr. Stanfield can fill in the blanks.
Shreeve: Mr. Chairman, I might just add that this was presented initially before I
was even put on the board -- on the Commission, so probably would even
slightly brief -- additional information that you might share with me I would
appreciate that as well.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 3
Siddoway: You bet. Mr. Chairman and Commissioners, this project is Autumn
Faire Subdivision No. 2. It's a Preliminary Plat for 30 building lots and two
common lots on 16 acres. The zoning is R-4 and I will first direct your attention
to the map on the -- at the front. You can see where the arrow is -- get my arrow
up here, too. Ustick and Black Cat are here. Meridian -- Trail End Golf Course,
sorry, is in this location here. So this is across the street from that. This is the
plat that the staff report was prepared for. You should have a staff report dated
December 7, 2000 and that, to my knowledge, is still the most recent staff report
that Planning and Zoning has prepared from Brad Hawkins-Clark. It's my
understanding that Mr. Stanfield has come with a new plat tonight, so I would
request that Planning and Zoning staff have a chance to review this new plat and
comment on it before the Council -- or the Commission takes final action on it.
My understanding is the main outstanding issue for it was sewer related and I will
let Bruce make a few comments about that and then we could have a
presentation from the applicant about the attributes of the plat itself.
Freckleton: Mr. Chairman, members of the Commission, as you might recall, the
project site falls south -- south and west of the Sky Pilot Drain that goes through
there. The serviceability of sewer to the site by gravity was what was in question
and the -- also the capacity of the current lift station in Ashford Greens, whether
it had capacity to accept the flow from this development. There was a regional
study that was done for the whole area. We have been working together with the
applicant and we do have results on that now and it does appear that the
subdivision can sewer -- be a lift station. There are a couple of items that I would
just ask for when you get to the motion. I can address that now or I can address
it a little later on if you would like.
Norton: Excuse me. I have two staff comments, one December 7th
, the other
January 29th
. Which staff comments are you concerned -- or are you
commenting on?
Freckleton: I believe that the January comments were just a refinement of the
earlier comments, so they would be the most current.
Norton: So the January 29th
?
Freckleton: Yes.
Norton: Okay. Thank you.
Freckleton: The two items that we would ask for when you get to your motion
would be that the developer would enter into a lift station operation and
Maintenance Agreement with the City of Meridian, which would include the ability
of the city to place a surcharge on the homeowners in the subdivision for that
maintenance. And the second would be to make provision in the lift station
design that it can be abandoned when the gravity sewer service is available from
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 4
the McDonald service area to the west. So that needs to be taken into
consideration that this would be abandoned in the future. And I believe Brad
Watson in our office has discussed these items with Mr. Stanfield, the Design
Engineer, and he may be able to provide a little more information on that.
Siddoway: I have one other issue that I'd like to address and that is the name.
There was one item that -- this may confuse the Commissioners and so I would
suggest that we may need to change the name a little bit to Autumn Faire Acres
or something, you know. Here is why. There is already an approved Final Plat
called Autumn Faire Sub No. 2. It was the second phase of the approved
Preliminary Plat of Autumn Faire Sub No. 1. So the fact we have a new
Preliminary Plat that is a different land area than the approved Final Plat for
Autumn Faire Sub No. 2 is going to cause some confusion down the road.
Borup: Can you change that to No. 3?
Siddoway: Well, it isn't -- I don't know that it needs to be No. 3. I'll let Scott
address that.
Borup: Okay. Would the applicant representative like to come forward?
Stanfield: Scott Stanfield, with Earl & Associates, 314 Badiola in Caldwell. I
don't expect a whole lot tonight. I would be tickled if you approved it. I would
recommend approval, obviously, but you need to be brought up to speed with
what's happened, so I'm going to do that summary real quick, because there is a
lot of people waiting behind me. Some of you may remember the original -- let
me back up to Mr. Siddoway's comment. Autumn Faire Crossing was the name
that was approved through Tom Fischer's office in the county, so Autumn Faire
Crossing is the term I'll use tonight and from now on for this project that's before
you. Autumn Faire was originally brought, about a year and a half ago in this
configuration with the Sky Pilot Drain Line right here. At that time it was an
annexation for the whole entire area you can see here on this ratty old map I
have been carrying around. But, unfortunately, it didn't appear that there was
enough sewer capacity beyond about the 248 lots which are up here. So this
project was completely annexed, except for the Preliminary Plat terminated Sky
Pilot Drain, and this was all vacant. During the process of the Preliminary Plat
and the annexation the park issue came up and we worked out a negotiation with
the city and the Parks Department and a park was provided. Well, as this park
has moved forward in Autumn Faire through it's approval process the question
was raised, well what do we do with all the land around the park. The city, the
city staff, council members, some you folks were concerned about weeds
growing around the park. So this one was approved and we immediately started
looking at ways to get sewer to this area. We talked with the Engineering
Department and it was determined that we could service approximately 30 more
single-family residential lots. Then we put our pencil down on paper again and
penciled out this, which you have before you tonight, which was originally
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 5
submitted in December. We ran out of ground right there, so we were limited by
ground cover and by the approximate 30 lots that the Engineering Staff was
comfortable with dumping into the Black Cat system. Staff was still concerned
about weeds around this area, but at least halfway is better than nothing. We
submitted this application and during that same process Gemstar Properties,
who I represent to the project before you, had a Purchase Agreement for the
Janicek property, which is south and west of here that goes all the way to
McDermott. That was Springdale Subdivision. This body recommended
approval to the Council and the Council denied it. That project would have
provided sewer around here. So we would have completed the development
around the park, thereby eliminating any of the, quote, weed patches. Since that
was denied, obviously, we had to come back to this. So this started moving
forward again. I called up Brad Watson prior to one of the hearings a couple
months ago and it just happens that there was a major commercial development
plan for the south and east of here near the Interstate and Ten Mile, I believe,
and that developer was working with the city on a regional sewer study that Mr.
Freckleton just hinted on. So then we were, okay, let's wait a couple more
months, let the city complete that engineering study to see if we can spread the
lots around here. Keep the count the same, but spread them out into 12,000,
14,000, 72,000 square-foot lots and drain it here to this corner and then pump it
back to here. The issue was peek flow discharge to the Ashton -- Ashford
Greens lift station. That was the big issue. So then we had delays and waiting
for the Engineering Department to complete their study and just this morning it
was complete. So Brad Watson called me and said he was going to be sending
a letter, which I have, and I have copies if you would like, which says, you know,
everything is okay -- and, obviously, I'm paraphrasing -- lists the requirements Mr.
Freckleton mentioned. I quickly redrew it out another layout, which I have copies
before me. If you want to a see them now, that's fine. Again, I don't know what I
expect tonight, but at least that brings you up to speed. Again, the number of
lots are the same, it's just that they are quite a bit bigger now. That's roughly it.
Just been a rather long process working on the filing and getting ready to go. I
have maps and letters if you want.
Borup: Any questions for Mr. Stanfield? So the sewer study that we had you
said was just finished this morning?
Stanfield: Yes.
Borup: The one that was supposed to be done in early August?
Stanfield: Well, early August would have been the city's sub consultant
completing it and then the study didn't quite provide the answer that Mr. Watson
needed for this, so Mr. Watson had to go back to the study and pull the
information out of it.
Nary: Mr. Chairman.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 6
Borup: Commissioner Nary.
Nary: Steve, realistically a month? Because I heard you say that you prefer to
delay to have an opportunity to review the new plat.
Siddoway: I think a month realistic.
Nary: Maybe we can get it done before the end of this year. I mean is that going
to be a problem? Probably it wouldn't --
Stanfield: No. Obviously not. It's been so long now that, you know, we
understand the city's situation.
Borup: But did I understand you to say the lot count stayed the same?
Stanfield: Lot counts stayed at 30. There are some things that I will tell you now
that are fixed for this project no matter if you recommend approval or
recommend denial. The park as you see it there is established. That's set. That
was a deed over to the city with the legal description. The southeasterly corner
where that stub street is, that matches the stub street in Turnberry Crossing to
the south, so that's fixed. Then the stub coming from Autumn Faire Preliminary
Plat on the northern boundary, that's fixed also from that Preliminary Plat. So
those are the -- those are the knowns.
Borup: Any other questions from any other commissioners? Our October 18th
meeting at this point has just some continued hearings and we are fairly light that
evening, so I think that -- especially if staff needs that much time. I'm assuming
that the 4th
would be a little tight.
Siddoway: Yes.
Borup: Okay.
Nary: Doesn't look like anybody else is here to --
Borup: That's what he was going to -- yeah. Do we have anyone else here to
testify on this application? Any other -- any other comments, Scott?
Stanfield: No.
Borup: Okay. Any other discussion? Does that even sound like where we are
heading -- continuing it to the 18th
?
Nary: It just seems to me like the only option at this juncture. I guess, Mr.
Chairman, I would move that we continue Item No. 4, PP 00-023, the request for
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 7
Preliminary Plat approval of Autumn Faire Crossing, Gemstar Properties, east of
North Black Cat and south of West Ustick Road, to our October 18th
meeting.
Siddoway: Mr. Chairman?
Borup: Yes, Steve.
Siddoway: In the pleadings from Legal Counsel if we could. My question if we
are dealing with a new plat -- same area, new lotting pattern, do we need to send
that out to all the various agencies again? That may be -- you know, the middle
of October is fine for us, but I don't know if we have to give the other agencies 30
days to respond to any plat.
Moore: Haven't we done that once?
Siddoway: Yes.
Moore: Then I don't see any reason we need to again. It's already gone through
there. You're not changing anything as far as their concerns are, are you?
Siddoway: Scott, can you think of anything that would affect the other, like the
Drainage District anything?
Stanfield: The one that comes to mind would be the Nampa-Meridian Irrigation
District. We have been working with those folks quit heavily, both on Autumn
Faire and the Springdale project. I can tell you that they have been notified of
this and we have been meeting with them on the lot layout. ACHD's concerns
are primarily the traffic. Our road patterns really haven't changed on this new
layout, other than extending it around the other side of the park and we are less
than a hundred lots, which is really the cutoff that ACHD has for traffic concerns.
A hundred lots or greater you do a traffic study and we are holding the same
number of lots. So, personally, I don't see an issue.
Nary: Mr. Chairman.
Borup: Commissioner Nary.
Nary: Mr. Stanfield, would it be possible to -- do you think that by the next -- by
the October date to get a letter from those two agencies saying we have no other
concerns?
Stanfield: Yes I can -- I'll definitely try that.
Nary: Because, obviously, we want to have a heads up by the Council, which is
more of a hassle than it is here, but that might maybe put the staff at ease if you
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 8
simply just wrote a letter saying you've seen the new revised plat and there is no
different issue than our earlier comments or --
Stanfield: I can do that.
Moore: Chairman Nary, since there have been some changes made, that's the
best way to do it.
Borup: Okay.
Stanfield: I would --
Borup: That would certainly be more comfortable. Okay. The next item -- no,
we have -- trying to move things along. Did we have a motion?
Nary: Yes. I move that we move it to October 18th
.
Borup: And second?
Shreeve: Second.
Borup: Any discussion? All favor?
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 5. Continued Public Hearing from August 16, 2001: CUP 01-021
Request for a Conditional Use Permit for a dual restaurant with
drive-thru in a C-G zone for Kentucky Fried Chicken/A&W by G &
H Enterprises II – 677 East First Street:
Borup: Thank you. Item No. 5 is a Continued Public Hearing on a CUP 01-021,
request for Conditional Use Permit for a dual restaurant with drive-thru in a C-G
zone for Kentucky Fried Chicken. Let's go ahead continue this hearing and start
with staff report.
Siddoway: Mr. Chairman, Commissioners, this is the Kentucky Fried Chicken
and A&W request for a Conditional Use Permit in an existing C-G zone. You
should have an updated staff report, dated August 21st
, from David McKinnon
and Bruce Freckleton. I'll highlight the significant outstanding issues. One, the
Ada County Highway District has required a change to the site plan that reduces
the width of the drive aisles -- or driveways to a 35 feet wide maximum. This
project requires a Conditional Use Permit because it has two buildings on a
single lot. There is an existing Kentucky Fried Chicken and I believe Taco Bell
on the same -- is it? No? Thank you. Kentucky Fried Chicken is on the same lot
and this would be a development just to the south of it in the area that is
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 9
currently being used as an ACHD parking right. We have some minor issues
with landscaping, the addition of three trees that are not shown on the plan. I
would point out that they do not meet the letter of law of the ordinance for 35-
foot setbacks on both East First and Meridian. You can see from the size of the
lot that would be -- could be considered an excessive taking for those buffers.
They are asking for consideration through the alternative compliance provision of
the Landscape Ordinance and I will let them present those issues to you,
showing how they attempted to max out their landscaping and still have a
functioning lot. These are the -- some site photos as it exists today. I would
point out in the staff report item number five under site specific requirements it
talks about the sign, the existing large bucket is not in compliance with our
Zoning Ordinance or new Sign Ordinance and shall be removed and replaced
with a sign that is in conformance with the new sign code. I know the applicant
does not wish to do this. They may wish to file a variance, in which case it
should be filed to be able to run concurrently with this project through City
Council Hearings, which would mean having it into our office at least a week --
no later than a week after this Commission makes a motion. One final issue is
the five-foot sidewalks. You can see on the site plan that the sidewalks kind of
come up to the edge and dead end. They do have to connect. It is our
understanding that they didn't show that connecting when they did the site plan,
because they were still working out the issues with ACHD as to how this area
would be reconfigured when those streets are reconstructed in a couple of years.
I would like to note for the record that those sidewalks will have to be continuous
and connect around. That's all I have at this time. I'm going to turn this over to
Bruce.
Freckleton: The only specific item I would have would be site specific Item No.
11 and that is that the current site plan does not show water and sewer service
locations to serve the building and we would need to get a new revised site plan
for that. There is sewer and water in Meridian Road adjacent to the site and we
just need to see how that's coming in.
Borup: Okay. Thank you. Is the applicant's representative here this evening?
McKeegan: Thank you. My name is Patrick McKeegan, I am representing the
applicant in this matter and also Phil Atteberry, who is the Franchisee for KFC
would like to speak after I do to address the signage issue. Specifically I'm kind
of at a loss on the landscaping, because I was relying on the site-specific
requirements in the staff report outlining the modifications to the -- to the
landscaping. I had a discussion yesterday with --
Borup: Was that a previous staff report or the August 21st
?
McKeegan: August 21, 2001, is the one that I am referring to.
Borup: Okay.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 10
McKeegan: We are certainly willing to comply with anything that needs to be
done, I guess, but I thought that it said landscaping shall be installed as
submitted on the site plan, with the exception of changing three trees -- or adding
three trees to replace the junipers, which we certainly don't have a problem with
on that, so --
Borup: Which part -- which part were you confused on? On the buffer?
McKeegan: Yes.
Borup: Okay.
McKeegan: I don't have the benefit of being to the previous hearing or anything.
I was hired after -- I was hired to construct the building and I guess the property
owner, who is not here tonight, has been representing himself on the matter of
the zoning issues and the landscaping issues and we submitted the plans and
when I talked a couple of days ago I assumed that every -- that the only changes
they were requesting to the landscaping would be the three new trees and
getting rid of the skyrocket junipers, which I don't disagree with, I think it's
probably a pretty good idea.
Borup: Okay. And maybe we ought to clarify that right now. Steve, that is -- is
that true what he said, that the other was a reduced setback --
Siddoway: Staff is not asking for any other changes, but I'm pointing out that this
does not meet the letter of the Landscape Ordinance. It is a reduced landscape
setback and the Commission should consider that.
Borup: Did you understand that?
McKeegan: Yes. I just wanted to make sure there weren’t additional
requirements.
Borup: No. He was saying they were recommending approval as is, other than
those three things, and then he was just pointing out that it did not --
McKeegan: Okay. I just wanted to clarify that. I thank you very much. As to the
Highway District comments, we have no problem reducing the driveway to 35
feet. We just wanted to get it as -- the driveways on those busy streets as wide
as possible, so that people would have the opportunity to pull into our property
as soon as possible to minimize the opportunities for accidents.
Borup: And I think that's why they recommend that, they don't want people to
think there are three -- you know, room for three drives -- you know --
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 11
McKeegan: Exactly.
Borup: Three driveways.
McKeegan: And as far as the connection of the sidewalks, the highway -- the
staff indicated the Highway District at this point in time does not know what they
are going to do with that -- with that intersection. I would assume that probably
we will either be asked to put money into a trust fund to pay for those
improvements or for the Highway District to do those improvements when they
decide to rebuild that intersection or they will give us some further direction. But
we certainly don't have a problem with the -- with the commitment to put the
sidewalk in, the Highway District at this point in time just hasn't told us how they
want that intersection to look. There may be a possibility that the street
extensions as they come towards the V there might be offset between now and
when we go into construction based on additional information they might provide.
Borup: I think staff's only concern, probably, was that they would connect, so
that would be the plan.
McKeegan: Okay.
Borup: That the sidewalks would connect.
McKeegan: Yes.
Borup: Did ACHD indicate to you in 2003? Was that the year they are redoing
that intersection?
McKeegan: Yes. They said in the next couple of years that it was --
Borup: I believe it's on the work plan, if I remember right.
McKeegan: And if -- I'll tell you what, if the city desires sidewalks before then,
we would be glad to put them in at some distance back out of the right of way
and do that. It's certainly not a -- the initial expense for that little bit of sidewalk is
not a deal breaker for us.
Borup: Okay.
McKeegan: At this time I --
Borup: Are those the only two issues? Everything else from staff comments --
McKeegan: Except for the signage and I'm going to have Mr. Atteberry address
that.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 12
Borup: Okay. I might mention on the signage, as mentioned, a variance would
have to be applied for, which would need to be applied to the City Council, so we
could listen to the testimony, but I don't believe we have any jurisdiction to act on
it, other than I guess if we chose to make a recommendation, but --
McKeegan: I think all we are asking for is that if this -- assuming this application
is approved by you tonight, that statement number five is not an absolute, that
there is some opportunity to address that, because there is -- for one thing there
is -- it says the existing sign. KFC actually has two signs on the property, so do
we get to choose which one we remove or -- and we are actually allowed, you
know, signage on --
Borup: Okay.
McKeegan: So it's just a matter of -- we just want to make sure that -- that this
isn't –
Borup: I think what staff was attempting to really say there is that, you know, we
have a Sign Ordinance now.
McKeegan: Yes.
Borup: And we are -- and any substantial redevelopment is to comply with the
new Sign Ordinance and I think those statements is that's what it would take to
comply with the Sign Ordinance and, as Steve mentioned, the option would be to
apply for a variance, which could be processed concurrently with this application.
McKeegan: Okay. I guess that's --
Borup: Is there anything else I misstated there? Is that correct? We wouldn't
be able to act on a variance anyway. That needs to be --
Nary: We have on occasion I mean made recommendations --
Borup: Recommendations.
Nary: -- along with whatever motion this is, whether or not the City Council
should consider that. But, you're right, we can't approve it, but --
Borup: So then it may be pertinent to maybe hear some testimony from the
applicant if he'd still like to. That would be --
McKeegan: Okay.
Borup: Okay. Any other questions for Mr. McKeegan?
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 13
McKeegan: Anymore questions for me? I'll yield the podium to Mr. Atteberry.
Borup: Thank you.
Atteberry: Phil Atteberry. I represent D & D Idaho Foods. We operate the
Kentucky Fried Chickens here. I guess my only -- I would just be asking for
consideration on our bucket sign. It's a freeway draw for us. To bring that down
would substantially change our freeway visibility. That bucket you can see from
the freeway. And there is some other -- I believe we have some food places
across the street that has the same -- they have signs up in the sky, too.
Borup: Like the arches?
Atteberry: Yes. Those arches. Those would be the ones I'm referring to. The
other existing sign, we have no -- we would be replacing that anyway and
whatever the new code is, bringing that up to our new image, plus whatever
new ordinances there are for signs. It's outdated for us, too. So I would be just
asking for your recommendation that there be some consideration on that,
leaving the bucket.
Nary: Mr. Chairman.
Borup: Commissioner Nary.
Nary: How tall is that sign?
Atteberry: I believe it's about 60 feet.
Shreeve: What's the minimum height on the signage -- or maximum, I should
say?
Siddoway: There is no minimum. The maximum -- 35 is what I'm going to
guess.
Borup: Isn't it 35 or 40 --
Siddoway: I think it is 35.
Borup: And doesn't the ordinance address freeway signage?
Siddoway: Yes. It says that you can't have it unless you have the frontage on
the freeway.
Atteberry: We would need to be within 300 --
Siddoway: Three hundred feet.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 14
Atteberry: Three hundred feet.
Siddoway: Right.
Norton: Mr. Chairman.
Borup: Commissioner Norton.
Norton: Steve, when we did the Sign Ordinance -- let's see, the Chevron sign
went in before the Sign Ordinance is that right?
Siddoway: That's correct.
Norton: And they don't have freeway frontage.
Siddoway: That's correct.
Norton: And both Chevron and Texaco are 75 feet correct? Is that right?
Siddoway: I think the Chevron is higher, but I'm not sure. I'd have to look that
up.
Norton: Okay. Thank you.
Nary: Mr. Chairman.
Borup: Commissioner Nary.
Nary: Steve, so currently, without a variance, McDonald's, Chevron, Texaco, all
those signs couldn't be built under our current Sign Ordinance?
Siddoway: That's correct.
Nary: What I read in the staff report and what you're saying is that our other
ordinance requires that once 25 percent of the property is being impacted with a
new building or -- that's when the -- those particular rights are extinguished?
Siddoway: When -- when there is a 25 percent change to the site plan or
greater, nonconforming signs lose their nonconforming status and are expected
to conform.
Nary: Okay. The other question I have for Steve -- and I'm not sure Mr.
Atteberry can address it or not. You said that the landscaping is not within the
letter of the law.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 15
Siddoway: Yes.
Nary: How much smaller than 35 foot on each side is it? It appears on the site
map that I have it comes off at 28 feet.
Siddoway: That could be.
Nary: And would that -- if it's -- is there a requirement that a variance for that be
done as well?
Siddoway: There are provisions in the landscape ordinance for alternative
compliance, is what it's called, without a variance, if certain criteria are met. One
of those criteria is an odd-shaped lot, which I think this would qualify under. I
believe --
Nary: So -- just a second. So any of the criteria -- not all the criteria in the
Landscape Ordinance, if there was -- if it's an odd-shaped lot, then we can
approve it? There is no trade off?
Siddoway: It's supposed to meet the intent of the ordinance by providing
landscape buffers, providing landscaping, getting as close as the Commission
feels that they can possibly get. If they need -- if you feel that they meet the
intent of the ordinance, it can be approved without a variance. If you feel that it's
just short and doesn't even meet the intent of the ordinance, then it would be
required to go through a variance.
Nary: I noticed one other thing. I noticed, Mr. Atteberry, on this site plan it says
existing tree, but I thought this existing tree isn't there anymore.
Atteberry: No. It's a pine tree that's existing right there and there is also another
tree that's existing --
Nary: So the existing trees that are marked on here, those are the current, and
the one that was cut down was right between those.
Atteberry: Right. Right.
Nary: Okay.
Borup: Okay. Any other questions or comments from anyone else?
Nary: I guess one other thing. Mr. Atteberry, just so I'm clear, it appears to me
on the site plan that the front door of this building faces predominately west is
that correct?
Atteberry: Yes.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 16
Nary: Predominately west. So there is no way that the drive-thru is going to cut
across the entrance to this building is that correct?
Atteberry: That's correct.
Nary: At least the way it's drawn.
Atteberry: That's correct.
Nary: What's going to be the use of that other building?
Atteberry: I don't know. It's owned by the property owner. He has no
immediate plans for that. I imagine if he leases it to somebody else it's going to
be bulldozed, just the condition it's in. We are in there now. I have no idea what
he has planned for that. He's waiting to get us through and us open and going
before he makes any plans for that. Of course, he would have to come and you
guys beforehand.
Nary: And the reason I ask, Mr. Atteberry, at the last hearing on this that the
property owner that was here said that he would like to put a restaurant in that
other building.
Atteberry: That could be a possibility.
Nary: And I did notice a comment in here from the staff that said they were
simply concerned some about the number of vehicles on this particular lot and
the traffic that it's going to cause. What do you have to say to that? I think -- I
mean I would agree, I think there is a lot of traffic. The roadway is making a lot
of traffic, but we are pushing a whole bunch of cars onto this lot and it's not very
big.
Atteberry: Well, the lot's pretty good size as far as we are concerned on it.
Whether he puts another restaurant there -- you know, I just don't know how
much space is going to be left for him to do that, especially if that building has to
come down. And as far as it being a fast food restaurant whether there is -- I
don't know how that he could design it to do that. I mean maybe there is a
possibility, but it sure doesn't work now for us, because the way it is now the
drive-thru, the way it backs up, it backs up and clogs all traffic going into the
existing parking lot we have. That's why we are dying to get into a new building,
so we can have the flow the way it needs to go. Which when we do have the
added flow of the -- back up on the drive-up here, it will actually make traffic a lot
easier in the lot, because people that aren't sitting down to eat in the restaurant
will not be -- you know, there won't be this in and out with cars going inside to get
meals to take home. Right now the way the drive-up is it gets clogged up pretty
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 17
fast and it's hard for us to take orders fast enough and so you end up having cars
trying to park everywhere and walk inside and just walk right back out.
Borup: I think we just need to take a look at that at the time the new application
comes forward just to see what the use -- how extensive it would be.
Atteberry: Yes. That's sort of what his feeling was. He wanted -- whatever it
took to get us up and going and then if he was able to do anything with the other
building that would be it.
Borup: I heard it was going to be a Popeye’s.
Atteberry: Well, since he holds both pieces of property that probably wouldn't be
a good thing for him. We have had a property owner do that to us, though;
leased the two chicken outfits on the same piece of property, believe it or not.
Siddoway: Mr. Chairman.
Borup: Mr. Siddoway.
Siddoway: If I could make a recommendation, it would be that because that
existing drive-thru gets so backed up and it is so close to Meridian -- or East First
and it's a bad design, would be that a condition of this application would be to
abandon that drive-thru on the existing building.
Borup: Is that part of the CUP, though?
Nary: Can't we do that --
Siddoway: The CUP on the entire lot?
Nary. Oh.
Siddoway: For both buildings.
Borup: Can that other existing building be put back into service without coming
before a new Public Hearing, if it stayed -- if it stayed the same?
Siddoway: I think you can have it either way with -- this is a CUP for two
buildings on a lot.
Borup: Right.
Siddoway: You could make a condition that --
Borup: I mean if we did anything it --
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 18
Siddoway: But even if one did come back I would say it's pretty clear that that
drive-thru needs to be abandoned or reconfigured.
Borup: Okay. Any other questions for Mr. Atteberry? Thank you, sir.
Atteberry: Thank you.
Borup: Do we have anyone else to testify on this application? Seeing none,
Commissioners?
Nary: Mr. Chairman, before we close the Public Hearing I had a question for
Steve. We don't have any sort of gateway sort of ordinance or anything like that
in the city, but I guess I always view that particular location as -- at least in the
original Meridian that's kind of the door of this city. There was a beautiful -- there
was an old tree there that's been cut down and got taken down, so when you get
off the freeway in that location the first thing you see is that KFC building, which
there is no landscaping of anything that provides some buffer or some --
anything. Anything nice that would a nice front, a gateway to the city. Was that
of any discussion with the developers on this on that landscaping? I mean if we
are going to consider that they are going to be able to have a smaller landscape
buffer than is required, was there any thought or any discussion about making
that more of a better entrance way, a better landscaped area, rather than just the
two existing trees there and some grass?
Siddoway: My only answer is that I don't know. All the discussion between staff
and the applicant went through Dave McKinnon on this project. I don't know if
the applicant has a response, but it is a very important lot in terms of visibility and
it is a gateway. We do have -- it is considered an entryway corridor in the
comprehensive plan. We do have a Landscape Ordinance which requires, you
know, the 35 feet and landscaping along entryway corridors. So the question is if
they are reducing the width, you know, a good -- a trade-off could be adding
trees. That's certainly a fair trade-off, but –
Nary: And I guess Mr. McKeegan could probably answer that, too, as well, I
guess, but my thought is that if one of the findings that we are going to have to
make in this recommendation, if we are going to allow it to be less than what is
required by our Landscape Ordinance, I believe what you said is we have to
show there is substantial compliance.
Siddoway: Substantial compliance and meeting the intent. Yes.
Nary: And certainly, at least as you can tell what I'm thinking, substantial
compliance and meeting the intent is making that look a whole lot nicer than
what it currently looks like.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 19
Borup: And just to maybe clarify that, is that correct that the plat shows two
existing trees on the property, the one there at the point of the intersection and
then the other one there along East First? Is that it? Are those the only two
existing trees there now?
Atteberry: Yes.
Borup: So everything else on there is added in the landscaping, then. Did you
have some additional comment, Mr. Atteberry?
Atteberry: I just wanted to say that our intent would be, since we are getting the
benefit of having that reduced width, that we would -- could provide the same
amount of landscape material that you would normally see in that area and we
would certainly be willing to do some enhancements to the point of the lot there
along the sides to make up for that. I would like to point out that the one tree that
is on the -- what is the bottom southeasterly side of that is in ACHD's right of
way, so we don't have any guarantee as to what that -- what's going to happen
with that. Also I believe along the point is an ACHD right of way so the existing
trees we don't have any control. We can -- if you look at our plot plan, we have
shown a drainage swale on those two trees or three trees on the front there
within our property limits. We wouldn't have any problem landscaping the rest of
the area until the Highway District takes over, but we don't have any jurisdiction
over what they might do. And we haven't -- at this point in time we have just
shown the larger tree elements. We would, obviously, be adding shrubs and
bushes and other things to enhance that and, you know, my client wants to be a
good citizen and we want something that's going to be a positive attribute to the
neighborhood, we certainly don't want to -- don't want the citizens of Meridian
thinking that we don't care about what's -- what the site or the entry to the city
looks like either. We want to be good citizens and we will certainly, you know,
work with staff to --
Borup: Was it your understanding that other than the site setback that the trees
that are shown now are in compliance with the Landscape Ordinance? Is that
correct, Steve?
Siddoway: Yes. I would just point out that along this southeast side, there is
one, two, three, four, five, six, seven, eight plants that look like trees, they are
actually noted on the Landscape Plan as Skyrocket Junipers. That's what --
which are just what they sound like, they are very narrow and look like a little
rocket, if that's the species that was planted. So through the staff report we
would be replacing these eight junipers with three trees. Just looking at it, it
seems like we might be able to do more than three. I don't have a scale, but
certainly it could be enhanced.
Borup: Were you envisioning an evergreen there at all or --
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 20
Siddoway: No. We weren't proposing evergreens. I think actually -- well --
Borup: Whatever the applicant prefers.
Siddoway: Yes. There is any number of things that could be used, but small
flowering trees.
Nary: Wouldn't it -- sorry.
Borup: Back to your comment on -- it looks to me like maybe a couple more
trees could be added on the point and maybe on the Meridian Road side and
beyond that, you know, pretty soon you're going to be getting too crowded, but --
Nary: Right. And all I was thinking was is that if it would be appropriate and in
site specific comment number one it says one of the requirements is that a
revised-Landscape Plan reflects additional trees and reflects the actual size of
the trees that's already there, that we want a Landscape Plan showing
subsequent significant landscaping on especially the southern point -- obviously,
I don't want them to put grass and trees in there and they get ripped out and
that's -- I don't want to waste your money, but they already own it now and it's
not a whole lot of vegetation there right now, so I appreciate what Mr. McKeegan
said, but I'd rather -- I just want to make sure that the front door to our city looks
a little nicer than what currently is there and that -- if we could simply add that
site specific one, I think that would be appropriate, if you would agree.
Borup: Are you saying that they should be able to do that within their property
line?
Nary: Yes. Within their property line. Obviously, I don't want them to try to build
something that's going to get torn out and have a road on it, but at least within
their property line in this area, I think what we want the staff to look at on the
Landscaping Plan is that this particular area it looks, you know, grassed up nice
with some trees and it's good, you know, it's looking -- I don't want to hide your
building, I just want to make sure that it looks nice as you're driving in that very,
very busy area.
Borup: I would like two -- a couple trees, maybe three is all it would take to fill
that area out. Okay. Any other discussion from the Commissioners?
Nary: I just had one other comment and we can -- on the bucket sign. I guess
what I was going to suggest that whatever language you want to use in number
five, that we should probably make sure that we make it clear that we would say
the existing 60-foot sign, so we are clear it's the one that's the bucket, is what's
required under our ordinance. And I guess the only comment I have and what
other Commissioners think, I do think KFC needs a bucket. I don't have a
problem with that. And I lived here when it revolved and I thought it was -- I
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 21
mean I do think it's kind of neat. But I also think we passed the sign ordinance
for a reason and I think our intent when we passed the sign ordinance was to get
away from 75 foot, 100-foot, or even 50-foot signs that you can see for four
miles. And I think at least what we need to recommend to the City Council is to
comply with the ordinance that we passed. If they want to vary it they obviously
can, but we passed it and went through all of that for a reason and if we make an
exception for KFC -- although I don't -- again, I don't have a particular problem
with the KFC or the whole concept of what they want, but if we make an
exception, then we are going to be doing that on every project that comes along
that's within a mile of the freeway. They are all going to want a sign. We have
seen it happen in Boise and we have seen it happen in Nampa and all along the
freeway gets dotted with 75 foot high, tall, lighted signs that you can see from
three miles. I know they need it for their business, I know it helps their business I
know all of those things. I don't disagree with anything they said. But we passed
that ordinance for a reason and we passed it, because we felt it was important
for the look of our city that we didn't have that type of signage unless it was really
close to the interstate. So I guess that's my feeling and whatever the other
Commissioners think, but I just think we passed that for some reason, that I think
we should abide by it. The Council has the discretion to do it differently, they
have the right to make that variance, but I think that we had some intent and that
we should stick to it.
Borup: And I would be fine with the ordinance. I guess the only thing that's
different here is that's pre-existing -- I mean it's an existing sign. You know, they
are not asking to put up a new one.
Nary: Sure. But the other part of the ordinance says once you start --
Borup: Right. No. Right. Yeah. I mean it's specific in what it says. But I mean
I feel more favorably on this than someone coming and asking to put a new one
up.
Nary: Well, the ordinance wouldn't allow it. So -- I mean they haven't asked for
it, but the ordinance wouldn't allow it.
Borup: Yes. But I mean my -- I would have a whole different attitude between
the two.
Norton: Mr. Chairman.
Borup: Commissioner Norton.
Norton: Actually, I think that we would be on the cutting edge if we left the
bucket, because McDonald's is going back to their old design -- they are going
back to their old design and it would show Meridian's foresight for keeping that
old bucket.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 22
Borup: Landmark.
Norton: It's a landmark.
Nary: If they made it into a cell tower, then they probably could do that.
Borup: There you go.
Atteberry: Could it possibly be an historical monument?
Borup: As Commissioner Nary said, maybe they could have one of the cell
towers. Okay. Anything else?
Shreeve: Mr. Chairman.
Borup: Commission Shreeve.
Shreeve: I guess just simply comments that I agree with the landscape issues
that Commissioner Nary has just brought up and certainly would support some
kind of revision or looking at the -- with the landscape. And in terms of the
signage, I tend to agree to just keep -- allow them to keep that 60-foot sign.
Borup: Okay. Are we ready to close the hearing?
Shreeve: Yes. I will make a motion that we close the public -- close the Public
Hearing on CUP 01-021, request for Conditional Use Permit for a dual restaurant
with drive-thru in a C-G zone for Kentucky Fried Chicken, A&W, by G & H
Enterprises II, 677 East 1st Street.
Borup: We have a motion.
Nary: I'll second.
Borup: And a second. All in favor?
MOTION CARRIED: THREE AYES, ONE ABSENT
Borup: Okay. Do we have anyone ready to make a motion on the application
or do we need some more discussion?
Nary: Mr. Chairman, I'm going to -- I guess I'll try. I think I made enough notes
here. I'm going to move that we recommend approval to the City Council of CUP
01-021, request for Conditional Use Permit for a dual restaurant with drive-thru in
a C-G zone for Kentucky Fried Chicken, A&W, by G & H Enterprises at 677 East
1st Street, to include all staff comments of the August 21st, 2001, memorandum,
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 23
with the following additions and amendments: That on site specific requirement
number one that we also add language that included with the revised landscape
plan, that they include additional landscaping on the southern boundary property
line of this property to be reflected in that landscape plan and I think that would
be up to staff's discretion on that. And that also there be language -- I guess part
of this motion that I do think with that additional landscaping along that southern
boundary of their property line, that that would meet the requirement of our
ordinance, that does not require a variance, that it would be substantial
compliance with the city code and, therefore, variance would -- at least
recommend it's not necessary with that particular landscaping; that item five be
amended to read that the existing 60-foot sign -- so that we are clear as to which
sign is applicable under the city ordinance -- and that as part of this
recommendation we recommend the City Council to consider favorably the
request for a variance based upon the length of time that sign has been in
existence and that I think that that's not an unreasonable consideration for a
variance, because it is a fairly long-term sign and I do think, next to the
Watertower, is probably the next thing you can see Meridian. I don't think,
according to Bruce's comments, that item eleven needs to be amended. I think
it's clear that they are going to have to provide that.
Borup: Thirteen?
Nary: And that there be -- oh, yeah. That there needs to connectivity between
the pedestrian sidewalks once they are required to be put in, if that's what the
issue was. And that they probably amend 13 -- or to include on 13 that there
needs to be connectivity with the sidewalks along -- I guess both sides of this
property; is that correct, Steve?
Siddoway: Yes.
Shreeve: Can I just -- either the connectivity or put it into some kind of a trust
fund. You know, you mentioned doing that as far as not potentially wasting their
money if they do something. I mean are we going to require connectivity now or
allow them to put that money --
Siddoway: I believe we will leave it to ACHD. They have situations like next to
Walgreen’s there they did trust fund it and put it in. If they knew where the
property lines are going to be and especially -- I don't know if they are going to
detach it or not, but there are certain scenarios that I wish they could build it
today. I would just leave it to ACHD.
Nary: So the language would probably be that there be connectivity or as
required by the ACHD? Is that adequate?
Siddoway: I think the connectivity should be required. The timing can --
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 24
Nary: At the discretion of Ada County Highway District.
Siddoway: Yes.
Nary: Okay. The last thing I guess would be number 14, is that there also be a
condition that the existing building on the property, that the drive-thru allowed in
the existing building on the property be extinguished and that at least at this time
only one drive-thru be allowed on the property upon the new building.
Borup: You say that the drive-thru be deleted or --
Nary: On the existing building.
Borup: Right.
Nary: That the drive-thru on the existing building be abandoned at this time.
Borup: Or relocated.
Nary: Well, I think at this point I think we should just abandon it. If they are
going to want to build a new building or remodel that building, they can come
back here and if they haven't -- they can always amend it then.
Borup: And if they have a project before us, that -- anyway, once that --
Nary: I just want to make sure that it's clear to people that if someone else
wants to lease that building that there is no drive-thru right now and that they are
going to have to come up with something else.
Borup: Okay.
Nary: And I think that would be a 14. I think that would be all the --
Borup: Only four modifications. Staff comments, plus --
Norton: I second the motion.
Borup: Any other discussion? All in favor?
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 6. Public Hearing: AUP 01-012 Request for an Assessory Use
Permit for the operation of a Family Day Care for five or fewer
children in an R-8 zone for Mary C. Fowler by Mary C. Fowler –
962 East Cougar Street:
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 25
Borup: Thank you. Item No. 6 is our next Public Hearing, request for Accessory
Use Permit for the operation of a Family Day Care for five or fewer children in an
R-8 zone for Mary Fowler at 962 East Cougar Street. I'd like to open this Public
Hearing and start with the staff report.
Siddoway: Mr. Chairman, Member of the Commission, the property is before
you on the vicinity map outlined in red in the center. East Cougar Street is here
and the general location of this area is east of Locust Grove and south of Ustick.
I'm sorry. West of Locust Grove -- got my directions mixed up there. This is the
house of Mary Fowler at 962 East Cougar Street. They did apply for an
Accessory Use Permit for five children or fewer and, as you know, those are
usually a staff level approval, unless there is an objection and you -- I know there
were several letters submitted. I don't know exactly how many, but you should
have copies of those. And this is roughly the site plan with the driveway, the
garage, and the areas in the house, the family room, dining, kitchen, that would
be used for the day care. I think that's all I have. We do not have a staff report
on this. It's just a Public Hearing for you to hear the testimony and make a
decision as to whether or not this Accessory Use Permit should be granted for a
day care. That's all I have.
Borup: Okay. Thank you. Any questions from the Commission? Would the
applicant like to come forward? Go ahead and state your name and address for
the record.
Fowler: My name is Mary Fowler and, actually, I have no address at this time.
Borup: Okay.
Fowler: I have sold my home, I'm waiting to purchase this home if this passes
tonight, and I have an offer on the home. If this passes, then I'll purchase it. If it
doesn't, I've got to purchase another home.
Norton: So you're living in an apartment or --
Fowler: I lived with a girlfriend for four weeks and I'm with my sister for another
four weeks until the house can close.
Moore: Why doesn't she give the address where she's at?
Borup: Yes. Just where you are temporary is fine.
Fowler: 480 Waltman Lane, Meridian, Idaho. 83642.
Borup: Okay. Then I assume that -- have you had an opportunity to read some
of the letters that we have received?
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 26
Fowler: Yes, I have.
Borup: Okay. So this is your opportunity to go ahead and make a presentation
to the Commission on anything you'd like to say.
Fowler: Okay. I have my teaching degree I got about five years ago. I taught in
public schools around the area, but I really want to own my own preschool and
do it in my own home, so I can be home with my children, somewhat available to
them. I have been looking for a home -- looking to do this for about a year and a
half. I was at that time working at Eagle Hills Elementary teaching preschool for
special ed in the afternoon and working for the YMCA in the morning, when one
of the moms told me she did this out of her home. She told me what she was
making and I thought, well, that's the job for me. So at that time, January a year
and a half ago until May or June, I put my house up for sale, I couldn't sell it.
Talked to my daughter's school teacher this year, she met us for breakfast and
said -- she really told me to go for my dream, try it again. So I knew this was my
friend's home, Karen and Gene Jones. I knew they were selling it. I approached
them a year ago last summer, I approached them again this summer, I said are
you for sure selling? Please don't sell with a realtor, please sell directly to me.
So we wrote up an agreement and I think you have a copy of the agreement. I
have a preschool schedule. I went around and talked to all the neighbors
explaining what I would like to do and I talked to the neighbors who dispute it and
I understand their concerns about traffic and noise and nap time. I want you to
know that I have a preschool schedule. It's pretty set, except with children
always you have to be real -- very flexible, but I have an outdoor time after our
nap time also, so I'm hoping that the nap time isn't that big of an issue. I'm
willing to work with that neighbor. I told the husband and wife that I would work
with them on naptime, as we have naptime also. We have activity time for our
large motor skills, outdoor play if the weather permits, from 3:30 to 5:00
everyday. And here is this if you need to see it. Who do I give it to? And then I
have some letters from people I have done day care for before and one of the
neighbors -- I have a letter from one of the neighbors. I haven't had time to go
around and get the rest. At 862 Cougar there is a school teacher that lives there,
she said she has a sister with a two year old and she's thrilled to see me in the
neighborhood. She would be glad to tell her sister and her sister will tell her
friends to come to me with their children. At 913 Cougar there is a couple living
there and they are fine with me putting a preschool in my home. At 950 Cougar
a male answered the door. There is -- was a husband and wife that live there.
They said they had grandchildren with triplets and they were excited that they
could -- they asked if I did drop-ins and I said, actually, I'm not doing children that
young, but we will be glad -- my daughter and I will be glad to watch them at
night if they want to go on a date. And at 949 Cougar, across the street from the
home, I have made friends with those people. They helped me move my -- my
things are right now are in the garage of this home and we are living out of
suitcases, so they have made friends with and helped me move in. Traffic -- I
have a map here. This is Locust Grove. This is Meridian Road. Locust.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 27
Meridian. This is Ustick Road right here. Fairview right here. And the said
location is -- of the home that I'd like to purchase is right here in the middle --
pretty much in the middle of the whole block and I have one, two, three, four, five
exits and entrances into this subdivision. There is heavy traffic, that's why it's
zoned R-4. I thought another home in the R-6 area over behind Shopko. I didn't
think I would be approved for a day care and I didn't make an offer on that home.
They had a preschool and they had a dare care preschool already in the garage
already set up and it was a lovely home and I wanted to purchase it, but I knew it
probably wouldn't pass, so I came to this neighborhood, because I knew it was
an R-4 and I thought that that would just be a good thing.
Siddoway: It's an R-8. Just as a clarification it's an R-8 zone.
Fowler: Okay. Is that one on the list?
Siddoway: That's the one on the list that allows --
Fowler: I'm going backwards then. Okay.
Siddoway: Right. R-8.
Fowler: So the other one was R-6.
Siddoway: R-4 and R-8. This one is R-8.
Fowler: Does that mean high density?
Siddoway: It's higher than R-4.
Fowler: Okay. That's what I was trying to say. I'm sorry.
Borup: Right. Day cares are one of uses for --
Fowler: There are several day cares in this neighborhood that are not zoned
and licensed. Tara sent me some things on my fax machine. There doesn't
seem to be that many licensed day cares in Meridian. I think it's a very difficult
thing to obtain one. So I really wanted to do it legally. I called the office, they
said there was a possible fine of 300 dollars a day and possible jail time if I didn't
sign up and I come from a family where we live the law and so I'm going for the
daycare. If I don't get one in Meridian I'll move the Boise and start one there. It
might be a lot easier. So that's all I have to say. Do you have any questions for
me?
Borup: Any questions of Mrs. Fowler? Commissioner Norton.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 28
Norton: Mrs. Fowler, you say that you have scheduled time and that sort of
thing. Are you operating a day care someplace else at this time?
Fowler: No. Not right now.
Norton: Okay. You have a schedule there. Is that what you have done in the
past?
Fowler: Yes.
Norton: I see. And are you a member of the Treasure Valley Association for the
Education of Young Children?
Fowler: I have never heard of it.
Norton: And how long have you been in Meridian?
Fowler: I have never lived in Meridian. I've lived in Boise the last 14 years.
Norton: And you have never heard of that organization?
Fowler: No, I have -- I haven't heard of it in the public schools. No, I haven't.
Sorry.
Norton: Okay. Do you intend on having one to five or six to 12 children?
Fowler: I intend on having six to 12. I applied for that July 22nd. They told me
that my hearing would be moved out to October. I said I can't wait that long. My
closing date on the house was August 31st. They said, well, why don't you pay
another 80 dollars and go for this zoning for one to five. It should pass a lot
quicker.
Norton: Okay. And you do know that Meridian has no day care licensing law on
the books?
Fowler: No, I didn't know that.
Norton: No, we don't.
Fowler: So we don't have to be licensed is what you're telling me?
Norton: You have to be licensed in Ada county, yes. And Ada county would be
overseeing you.
Fowler: Okay. And I have to go to Health and Welfare? I have already got my --
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 29
Norton: Yeah. That's through Ada county. And now if you have 12 children do
you plan on hiring employees then?
Fowler: No.
Norton: Do know what the ratio is that you need to --
Fowler: Yes.
Norton: And what is that ratio?
Fowler: It's one adult for ages three to five for 12 children.
Norton: Are you sure about that?
Fowler: Yes.
Norton: I just have one other question. I notice that -- I'm familiar with where
this house is and the person right behind you is very, very close to your back
yard.
Fowler: Yes.
Norton: Have you talked to that person about when the children would be
outside?
Fowler: Yes. We talked about it.
Norton: Okay.
Fowler: And we are having --
Norton: How did that person feel?
Fowler: Not very good about it.
Norton: Okay. All right. Then I just have -- we have several letters from
neighbors. You are -- you want a day care -- obviously, it's a day care, but it
may be preschool between certain ages?
Fowler: Yes.
Norton: Three and five years?
Fowler: Three and five years old.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 30
Norton: And approximately how much do you charge a person for full-time day
care?
Fowler: A hundred a week.
Norton: A hundred a week?
Fowler: Yes.
Norton: Okay. Thank you.
Fowler: Thank you. Any other questions?
Nary: Mr. Chairman.
Borup: Commissioner Nary.
Nary: Just so I understand, ma'am. This application is for one to five children,
not six to 12?
Fowler: Correct. I have to come back to finish my other one.
Nary: Okay. So all we would be looking at tonight is whether or not you would
be able to have one to five children, not --
Fowler: Exactly.
Nary: Okay. And is that viable for you to have one to five children or are we
wasting our time?
Fowler: Well, we are wasting our time. I need six to 12.
Nary: Okay. So you really want us to think on whether or not we want to have
12 children at this residence?
Fowler: That would be nice. Yes.
Nary: Okay. So if we really can't get there today, that we should deny it?
Because this one to five is of no value to you at all.
Fowler: I'd much rather you approve it, so I can purchase the home and then I
can go for the six to 12. But I cannot afford my bills with one to five, because my
self-employment insurance -- I mean taxes are one-third of what I make.
Nary: Now my assumption, ma'am, is that what you're operating -- my
recollection was -- and Commissioner Norton can correct me -- is that the state
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 31
required that you have a license if you have seven children or more. Do you
know if that's true or not?
Fowler: I've never applied for the state. I have only applied for Boise City
before. This is my first time applying for one.
Nary: Okay. You had a license in Boise City?
Fowler: Yes. I had one. A couple of different times.
Nary: And I think that's a requirement by the state that if you have more than
seven children. So you don't know if you're going to be able to do this yet,
because if you don't have a state license you can't have seven children or more.
Mrs. Fowler: So you're saying not only do I need to pass tonight, I need to go to
the state and apply for –
Nary: I believe you do. I mean I don't know, but --
Fowler: Or Ada county?
Nary: -- I believe you do. I believe you have to have a State License before you
can have more than seven children.
Fowler: Okay. I have never heard of that, so I'll check into --
Nary: And the only reason I know that is because we have had other testimony
from other day care operations that said the same thing, that they were required
to have a state license.
Fowler: Was that for more than 12 children?
Nary: For more than seven.
Fowler: For more than seven. Okay.
Nary: What type of -- how much traffic -- I mean -- let me back up. The kind of
day care that you operate now -- is that right? Do you operate one in Boise
now?
Fowler: No. I have. I have in my last home.
Nary: And how many children did you have at that?
Fowler: You know it was a lot of drop-ins, so I don't know. Probably maybe eight
at the most.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 32
Nary: And how much traffic did that generate?
Fowler: Well, not more than 16 different drives every day. Double, you know.
Nary: So you plan on living in this residence, I assume?
Fowler: Yes.
Nary: I heard you say that one of the neighbors had asked about night --
watching the kids. Are you talking about --
Fowler: No.
Nary: -- doing it as a day-care function?
Fowler: Actually, he was asking if I could watch his triplets, who are babies, and
I let him know that I'm not doing babies, but we could watch them at night if he
wants to go on a date or something. Not as a business. Just as a --
Nary: Just as a favor. Okay. So this business would only be operating 7:00 to
6:00? Something like that?
Fowler: 7:00 to 6:00. Correct.
Nary: Okay.
Fowler: And the traffic would come anywhere between 7:00 and 9:00 in the
morning and anytime between 4:00 and 6:00 in the evening.
Nary: Okay.
Fowler: It's certainly not all at once, but if there is there are 12 cars at once. The
pad on my property had five parking spots in the front and then it's on a corner,
so they can park around the corner if they need to. The two on the left where it
says car, there is two that can fit deep on both of those and then that's -- so the
driveway is kind of -- I didn't draw it good enough, but, anyway, there is about
five that can fit around and then there is five that can fit in the driveway at any
given time.
Nary: Thank you.
Fowler: Okay. Thank you.
Borup: Any other -- okay. Okay. Do we have anyone else that would like to
testify on this application? If you will come forward.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 33
Rigenhagen: Good evening, Council members. I'm Kim Rigenhagen and I live
at 2613 North Caribou Way. It is the house right next door to where she is
wanting to put this day care. I'd first like to state that my husband and I do not
approve of the idea of a commercial business operating within our neighborhood,
much less next door to our home. The application being considered is for a day
care that is to host five or fewer children. If this passes, the applicant Mary
Fowler has the intention of hosting six to 12 children as noted in her letter that
she distributed to the immediate neighbors of the property. We submitted a letter
of objection to the proposal after receiving application notice from the city. In
addition to what we stated in that letter, we feel that such an operation is just not
feasible within our neighborhood for the following reasons: No. 1 we have lived
in our home for over six years and during that period of time we have seen the
amount of traffic multiply greatly. Our street is a feeder street to the adjoining
neighborhoods. We feel that the traffic levels as they are at present a condition
as bordering intolerable. If this day care were allowed to begin operating it would
generate at least over 20 more trips in and out of our neighborhood a day. Many
drivers that travel our street do so at a rate of speed over the limit. We feel that
this presents an unsafe condition to operate a day care with so many children
nearby. Our neighbor that presently lives at 962 East Cougar has mentioned to
us in the past that she has witnessed cars cutting the corner from Caribou to
Cougar and traveling up onto the curb. There have been several policemen
ticketing drivers in this area for speeding, running stop signs, etc. We are very
concerned for the safety of the children that would be in this facility on a daily
basis. No. 3 there is several recently retired couples -- there are several retired
couples in our neighborhood and those individuals enjoy things as they are at the
present time. The increase in traffic and noise would be bothersome to those
who are at home during the day, including those who work nights and try to sleep
during the day. No. 4 the close proximity between our houses would present
increased noise levels during the day. We live close enough to a school and
already have enough noise during the daytime hours. I have presented to you a
signed petition, which you received that today. With 54 signatures of those who
object to this application. The majority of the signatures are people that live very
near to the proposed site, but all who signed are homeowners or reside within
Hunter Point. And you will -- I just wanted to stay that I talked with 58 homes and
out of 58 homes 54 people signed that -- this petition. If I were to go through the
whole neighborhood I bet I would get a majority of those people to sign that.
People just are really tired of the traffic. And, finally, we feel that a full-time
preschool facility should be located within a commercially zoned area for all
these reasons. I appreciate your time and hope that you consider your decision
very carefully. It will make a great impact upon our neighborhood if you allow this
to proceed any further. Thank you.
Borup: Any questions for -- I guess not. Thank you.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 34
Rigenhagen: Council members my name is Monte Rigenhagen. I also live at
2613 North Caribou. I apologize if I repeat any of the same points that are going
to be brought up tonight. That having been said, please allow me to voice my
sentiments of why I also stand opposed to this request. I'd like to place special
emphasis on the petition that my wife just mentioned that's been signed by so
many in our community. These people feel that it would affect their homes by
both increased traffic and decreased property values. A comment made by one
of these homeowners is that our detailed covenants even prohibit construction of
a vinyl fence. Why, then, would it be okay to operate such a business in our
neighborhood? Many of the people chose to reside in a neighborhood with
covenants, as it insures that everyone living within the community adheres to
pre-determined regulations. This helps to keep property values at their highest
and presents fewer misunderstandings or disagreements between those living
within the area. The proposed day care would detract from the spirit within our
community since it's obvious that so many are in objection to this proposal.
Mary didn't introduce herself to us and she introduced someone who she said
was her realtor -- at least the person said she was, that's brokering this
proposed sale of the home in question. Her response to my implication of
decreased property values was to compare a day care to a swimming pool.
Some people don't want one next door and some do. The logic behind this
comparison still escapes me. And the short time it took to gather the names on
the petition, my belief is that most people -- and certainly those that we talked to
within Hunter Point, would not live next to an operating day care facility of this
size if given a choice. When my wife and I sought out our home over six years
ago, our vision was one of within a neighborhood of single-family homes with the
normal amount of traffic, children, and noise. I was shocked to learn about this
proposal, even more surprised to discover that such a business was not
specifically prohibited by our covenants. Our homes are our single largest
investment. This should be a place of tranquility, security, comfort, and reward
for our labor. Many of my neighbors are of the same mind set. The actions of
someone new to the neighborhood should not so drastically impact all those
around them. I feel the positions of the existing homeowners regarding this
matter should be given a great deal gravity in your consideration. The opinions I
have mentioned are shared by all here tonight that stand against this proposal.
Had the neighborhood been polled beforehand, the reaction would have been
obvious and the accompanying aggravation could have been avoided. It's not a
matter of whether or not we can lend the neighbors some patience and
inconvenience for a day. The conditions would exist every day, every weekday,
every week, all year long. Thank's for your time and consideration.
Borup: Thank you. I do have a quick question. Your letter stated that you
understood that there are at least two existing day cares in the neighborhood.
Are you familiar with where those are located or is that just something you have
heard?
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 35
Rigenhagen: That's just something my wife had heard and I know they are not
licensed or -- they had not gone through the procedures that Mary has tried to.
Borup: So apparently they are --
Rigenhagen: They are not official. I mean but they are in existence, from what I
understand on --
Borup: But they are off Cougar? Same street?
Rigenhagen: Is that correct?
Borup: I would just --
Rigenhagen: On Wolverine.
Borup: And the reason I asked is it's -- apparently it's pretty inconspicuous in
not even knowing where it's at. That's why.
Rigenhagen: That's true. And from what I understand they are both smaller --
I'm sorry. From what I understand they are both smaller day cares.
Borup: Okay. That's what I was --
Rigenhagen: Four or less children. I don't think I would be here tonight if that
was the case. And up to 12 kids is an entirely different picture.
Borup: Okay. Thank you.
Rigenhagen: I would also like to say that we are not questioning her
qualifications whatsoever, I'm sure she's more than capable of doing something
like this. I do want to say that, you know, she requested that you consider the
zero to five so she could move in. Well, she's already stated to you as well that
she needs up to 12 to pay her bills. So once she's moved in it's going to be
much more difficult for this to be denied, obviously. I did also want to comment
the map that was on there with the cars that were drawn in, there is no stop sign
when you turn off of Cougar onto Caribou. I think there really should be. If all
the spots that are marked were filled up with cars it would even be harder to pull
out onto that street and present an even more dangerous situation.
Borup: For the cars to drive through?
Rigenhagen: For the cars. Absolutely.
Borup: Thank you.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 36
Crandall: Good evening. My name is David Crandall and I live at 858 East
Cougar Court, which is about three homes to the west of this proposal. Some of
the comments I was going to make tonight I think I have heard reinforced tonight,
but there is an intent here to do this in stages and first get permission for one to
five and then go on to get 12 people -- 12 children in this home. Hunter's Point is
an association of 290 homes that's governed by covenants. The covenants are
vigorously enforced and I think the people that live in this association like the
neighborhood, they like the covenants, they like the fact as it stands in the
neighborhood and that it is residential purposes. This clearly goes against those
intents, because it's clear from what she has said tonight that this is a business,
that the only way that she can purchase this home is if she has up to 12 children
in it that will pay the bills, and I don't think that a precedent should not set in our
community of allowing a business like this to come in. I think it would degrade
the value of the neighbor in general and I worry about the long-term impact to the
neighborhood as far noise, unsightliness, and the traffic condition. I have also
driven the road -- the access roads that she mentions tonight. She has indicated
in her application that there would be minimum impact to the neighborhood. It's
probably one of the worst locations that she could pick, because it's dead center
of four other subdivisions. It's half a mile from Locust Grove, 7/10ths of a mile
from Ustick, 8/10ths of a mile from Meridian Road, and it's over a mile to get
down to Fairview. She would have to -- people who would access this home
would either be coming in through Hunter's Point, Gem Park, Bedford Place, and
it's Fartherton or -- it's not just impacting us, it's going to impact three
surrounding neighborhood associations as well. It's virtually in the center of a
large block. It would have impact in traffic on four subdivisions in total and I
would hope that you would not approve this.
Borup: Thank you. Any questions?
Nary: Mr. Chairman? But if the people -- the children that stay there came from
the surrounding neighbors it wouldn't impact it at all, would it?
Crandall: If it were two or three. There is still the impact of the traffic at crossing
roads without stop signs. As is indicated that intersection is -- and I want to
make a comment, too, it is a very busy intersection. People that are going either
up to Ustick or over to Meridian Road zoom through there. You don't have stop
signs and you don't have crosswalks. If people in the neighborhood only use the
home they would be crossing streets at busy times in the morning when people
are going to work or busy times in the evening when people are coming home. I
think there is a substantial danger, even if it's foot traffic.
Nary: You do understand, though, sir, that that's the Highway District's --
Crandall: Yes.
Nary: It's not ours.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 37
Crandall: But we are looking at it from a homeowner's safety issue and I think
it's --
Nary: Safety of whom, sir?
Crandall: Safety of the children who would be trying to walk the streets to get to
that home.
Nary: Aren't there children in that neighborhood now that walk on the sidewalk?
Crandall: They go down to Chief Joseph Elementary and there is quite a bit of
traffic going down there and it is quite a worry.
Nary: But there are children walking around the neighborhood now?
Crandall: Yes. Yes.
Nary: I mean whether or not -- whether or not there is more children caused by
this -- I mean there is no -- this doesn't raise the risk to children walking in the
street; right?
Crandall: We think it does if they are going to have foot traffic coming to that
home.
Nary: But these are small children, accompanied by adults.
Crandall: They would have to be accompanied by adults. They-would-have to
be accompanied by adults and you just said would they be walking to it?
Nary: No, I didn't say that. I said if they came from the surrounding
neighborhood. I didn't say they would necessarily all would walk there.
Crandall: Okay.
Nary: But I mean there is no greater foot traffic caused by this house, other than
the volume of children that are going to be there.
Crandall: Correct. Correct.
Nary: And it is a fenced yard. I mean they are not going to be --
Crandall: Fenced backyard.
Nary: But you're not going to have two-year-olds playing out in the front yard
much, are you?
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 38
Crandall: I hope not.
Nary: But other people that live on that street may have two-year-olds playing in
their front yard; correct?
Crandall: Yes. Yes.
Nary: Okay. Thank you.
Borup: Thank you.
Deboer: Good evening, Council and Commissioners. I am James Eric Deboer.
I live at 2499 North Lark Avenue. Would it be possible to get a picture of the
map back up, please, the one that -- yes. Thank you. With your permission I'd
like to walk away from the podium. I will speak loudly enough so you can hear
me. This area here was North Caribou and East Meadowgrass, along with this
small corridor here, all these streets have no painted stripes or anything like this,
and it is obviously a residential area. The intended site where this -- Mary would
like to place her child care has a relatively small backyard compared to some of
the other houses in the district. There are also several people who live at -- or
who work at Micron who live in this area, several people who have to work at
night for their livelihood. Daytime it would create significant more noise for these
people to try to sleep through. If you really -- the picture that they have in here
doesn't give it justice, because the backyard is relatively small and pretty close to
their neighbors. Also I do fear -- I have two children myself and we could use a
day care, but there is available day care and it's within the City of Meridian and
also I wouldn't want to put my children in this type of environment, because I
believe that they would be in danger and I don't want to do that to the children,
because I don't know how aware the parents are that when you use it, it would
be that. So I personally am stating that I would not -- I'm asking you to
disapprove her application for this particular day care at this location.
Borup: Any other questions?
Shreeve: Yes.
Borup: Commissioner Shreeve.
Shreeve: I have got a question. You indicated that you would like to -- or that
you would use or like to use a day care. What type of a day care would you
prefer? I should say expound a little bit further on --
Deboer: Personally for the homeowners, which of one I am one, I live right
around the corner of Grouse there. I wouldn't want one -- I'm not looking for
increased traffic in my neighborhood, the traffic right now is pretty bad, and it's
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 39
about four times normal now, even, because Locust Grove is all tore up. So it's
very dangerous for the children. I don't let my children out of my sight in the front
yard, because it's so bad there. But if I were to place my kids -- currently I don't
plan it necessary to have to put them in there, but in the near future I probably
will. I would take them to one of the places like the Pettit's on Franklin, because
it is in a commercial zone, it is a more suitable location for children, they have the
permits, they have the state requirements met and they are watched more
closely than this particular place. Like I said, I don't want to add any increased
traffic.
Shreeve: Let me just ask you just a hypothetical question. Of course, this is on
a corner, but if one of those lots were mid block, say on Caribou and down a few
lots, would that pose -- would you still be against it, I should say?
Deboer: Depending on where it's at, I may or may not be against it. I personally
don't think it's a very good idea to have that. This is America, she can apply for
it, and that's what we are all here for tonight, but particularly in this case that
particular lot is -- as stated before, probably is one of the worst lots to put one at,
due to the fact of the high traffic on Lark -- I'll speak again louder. The high traffic
on Lark and Grouse, Caribou, Meadowgrass, plus you have traffic coming from --
which is Ustick down this way, Arrow Wood, and then Lark and then basically
they do one of these -- most of the public will do one of these type of maneuvers
and it takes them right passed that house. And that house has a lot of traffic by
it.
Nary: Mr. Chairman.
Borup: Commissioner Nary.
Nary: Sir, would you say -- so just so I understand your position, if this was only
a one to five day care you don't think it's even appropriate anyway? Is that what
I understand you to --
Deboer: My personal opinion is, yes, I don't believe it's appropriate. I don't --
this -- like I stated, I believe that's probably -- out of the entire Hunter Point
Subdivision the worst place you could put a day care.
Nary: Well, unless you were taking your child there and it's a lot easier to get
there than somebody --
Deboer: If that day care was there and it was available to me, convenience
would be the best for that day care to be there. But I'm telling you if that day
care was established and I were to use day care, I would not use that lot as a
day care, just because of the increased traffic and the safety concerns. I don't
believe that -- like the one hand drawn drawing shows cars here. I'm very
familiar with this street. I visit friends on this street all the time. It's very, very
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 40
rarely is there ever any cars parked at these two locations right here. With cars
parked here and cars parked here, if it were ever to occur -- and it would
probably occur during a home care type environment, any cars that are coming
down this traverse here where there is no stop sign, would have a blocked view
of any traffic coming, which is a very busy street from Caribou here. So you're
adding risk not only to the drivers, but also any children who want to cross the
street here, especially children who might pop out from in front of a car or from
behind a car.
Nary: But, again, like the last gentleman here, you understand that's the
Highway District that would deal with that.
Deboer: I understand that. But in the interest of the safety of the personnel and
the interest of the safety of the people in Hunter Point, which is all who we
bought our homes for -- from, you know, the subdivision we belong to, that's why
I'm stating my opinion.
Nary: Okay.
Deboer: Thank you.
Nary: Mr. Chairman. I know we have some other people to hear from, but I was
looking through the tables here and I was going to ask Steve a question. It
would appear to me that this one to five day care that's the current application
before us, under our accessory use definition of 11-2-2 and then what's defined
in our code under child care facility, this would be a family child care home.
That's in the definition section. That says provides for care of five or fewer
children.
Siddoway: That's correct.
Nary: And then the next one, group child home, six to 12. And if I look at our
tables under the land use section for 11-8-1, in a residential zone of R-8 for this
group childcare home to be allowed when we get there, that requires a
Conditional Use Permit.
Siddoway: And we have one in now.
Nary: And that's what's already been applied for?
Siddoway: Yeah. Has it deemed complete?
Fowler: No. Have one more --
Borup: She said that would take too long.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 41
Nary: Right. So --
Siddoway: We have an incomplete application at this point.
Nary: Okay. Okay.
Norton: Steve, I have a question. If she wants up to 12 kiddies, why did the
staff say go for one to five and then go for six to 12? Because it's very apparent
she wants 12. So why did staff recommend she does a two-step process?
Siddoway: I don't know. I'd defer to Mary. She has had the conversation with
staff. It wasn't with me.
Norton: Okay. Thank you. Because it's obvious to anybody now she wants 12,
so this -- I think we are wasting our time tonight.
Shreeve: It's hard to decide on five, this application, when you know somewhere
down the road it's going to be 12. So you really --
Nary: And, again, I -- you know, just so these folks understand, I mean I know
there is a lot of people that want to talk, but I think that's the reason our
ordinance is written this way, because a day care facility that has less than five
children is what our Accessory Use Permit allows for, because even as some of
the testimony was, most of those you can't even tell they are there. They don't
have signage, you know, there is no tremendous impact on your neighborhood
with that type of thing. But that's why the other requires a conditional use, but I
guess I agree with Commissioner Norton, although I certainly want to hear the
other people speak as well, but if -- as I think the applicant stated, if we aren't
going to look forward and say 12 is probably going to work, we are wasting our
time tonight. This is a waste of our time, as well as yours, because I wouldn't
have a problem with one to five. I think that's reasonable. I don't think there is
anything wrong with that. I think that's exactly what neighborhoods can provide
to people to have that type of facility. But six to 12 in the middle of a
neighborhood, boy, that's not that -- you have got 54 people that have already
said that's not a compatible use. That makes it awful tough. So I guess I'm in
the same quandary as the other Commissioners, but I wouldn't have a problem
with one to five, but I think I heard her say that if we aren't going to approve 12,
then why bother. So I'm not sure what we should do with it tonight. I don't think
this lady should be here. I think you should have waited until you had your
conditional use application and made a decision then. But this doesn't seem to
make much sense to me.
Norton: I wondered if there is anybody else that wanted to come up and testify
before we closed the Public Hearing
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 42
Borup: Just a second, please. Just a second, ma'am. We have got a couple
more questions from staff. The reason for the hearing is just because there
were written objections, is that --
Siddoway: The reason for the hearing is that there were written objections.
Borup: Is that stated in the ordinance? If you look at the same chart that
Commission Nary just talked about, it says it's permitted in an accessory use. Is
that to say it's a conditional use for -- is there some clarification on that? That's
on the -- that's on the one through five. Now on the -- up to 12 it says
Conditional Use.
Siddoway: Mr. Chairman, 11-9-4 F. This is under accessory use provisions. If
there is an objection to the proposed use filed within the time for response, a
hearing, after notice, shall be held by the Planning and Zoning Commission,
which may grant or deny the application after making findings of fact.
Borup: Okay. That's why I just wanted clarification. Thank you. Now do we
have anyone else that wants to come forward?
Cox: My name is Gale Cox I live at 1223 East Hunter Drive. I have known Mary
for three years and when she said she was going to purchase a home in our
neighborhood and wanted to put a day care in it, I thought it was a good idea.
My house backs up against Chief Joseph Elementary School. It is a family
neighborhood. There are a lot of children in the neighborhood and I know there
are several day cares in the neighborhood that are not licensed. As a mother I
would much rather have a licensed day care that is regulated by the state in the
neighborhood than children just going to homes that aren't licensed, for one.
Two, she is targeting families in the neighborhood for day care and preschool
and in that way there would not be a big increase in traffic, as I see it. I get a lot
of traffic by my house, because my house is right on the corner and it's two doors
down from the inlet to Chief Joseph Elementary School. There are probably 20 -
- at least 20 cars every morning and every afternoon around the corner of my
house and, to be honest, I have decided that that's okay, because I would much
rather have responsible parents picking up their children than just letting them
run loose in the neighborhood. I think that's a good location, because if children
want to they can safely walk to Mary Fowler's house for day care after school.
There are crosswalks and I just think it would -- I think it would be an asset to the
neighborhood, the children that live in that neighborhood to have a safe, licensed
day care that they could attend. On the noise level, I mean that's a larger house,
who's not saying that somebody couldn't move in that house that had ten kids, a
lot of them teenagers, and have a car each, six or seven cars, and they would
park all over the place anyway. I would much rather have young preschool
children, they are not -- they are not as loud, they are not going to be coming in
and out late at night, they are going to be leaving and going to their own homes,
you know, between 4:00 and 6:00. Also all those cars wouldn't be there at once.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 43
Not all parents bring their children exactly at the same time and leave exactly at
the same time. So I would think very rarely that all those cars would be there.
Most of the time they would just be able to pull up into Mary's driveway pick up
their children, it would probably take five minutes to drop them off, if that, and five
minutes to pick them up afterwards. And I really don't see a big impact in the
neighborhood. She -- it's not just like she's baby-sitting and the children would
be running around playing all over the neighborhood. She is doing preschool,
which would be run like a school, and those children would be in a structured
environment inside most of the day. The playtime that she has scheduled is after
school when the elementary school kids are out anyway and playing. So I see it
as an asset to our neighborhood and also with the traffic I think the people -- a lot
of people are frustrated right now anyway with the traffic situation with Locust
Grove all being torn up and so that's on their nerves a little bit and that won't be
that way forever.
Borup: Thank you.
Norton: Mrs. Cox?
Cox: Yes.
Norton. We are not questioning Mary Fowler's experience as a teacher.
Cox: I understand that.
Norton: Back in 1986 when our first Day Care Licensing Law was put on the
books I was co-chair of a 40 organizational coalition that worked with then State
Senator Crapo and we got the first Day Care Licensing Law passed for the State
of Idaho. The City of Boise has a day care licensing law. Meridian does not
have a Day Care Licensing Law. What Mrs. Fowler is coming here for is a
Conditional Use -- or if she wants the 12 she has to come before us for a
Conditional Use Permit, not a license. Ada County has a license and the state
has a license, so if she wants a day care she can be licensed. But when you say
the City of Meridian licensing, it's on -- it's an ordinance that we need to pass.
We did have a draft of a license, but we don't have one at this time.
Cox: All right. I understand that. But she would be licensed by the state, too.
She would have to be --
Norton: Yes.
Cox: And I think that would be --
Norton: A necessity.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 44
Cox: I think that would be an asset instead of having just people baby-sit that
really isn’t licensed.
Norton: Thank you.
Borup: Do we have someone else?
Gore: Mr. Chairman, Members of the Committee, my name is Margo Gore. I
live at 2633 North Goldeneye Way in Hunter Point and I represent the
architectural control committee for the Hunter Point Homeowners Association.
Most of my comments will speak forward to the future should Mrs. Fowler apply
or a permit for six to 12 children. If a requirement should ever come up or the
need should arise for her to fence in her front yard, we specifically require only
dog-eared cedar fences and since she is on a corner lot, that fence could not be
more than three feet high. Furthermore, any fence that she wanted to install
would have to go through our architectural control committee. Mostly my
concern is that she is going to attempt to purchase this home based on watching
five children and then be in a financial bind if she cannot get her Conditional Use
Permit to accept six to 12. The board of directors for the Hunter Point
Homeowners Association Board will fight any request for a Conditional Use
Permit of this type. Do you have any questions?
Borup: Thank you. Anyone else?
Hall: Good evening. My name is Denice Hall. My address is 2582 North
Caribou, right across the street. Everyone's touched on everything that needs to
be said. I just want to reinforce the fact that property values could and very well
will go down if a day care is put in. Had we known that this could happen we
would never have purchased our home in this subdivision across the street from
a day care. Everyone keeps talking about the traffic situation being someone
else's problem. That traffic situation is going to be her problem if those children
are hurt. There is no stop sign at that intersection. So I want to make it very
clear that my husband and I are very much opposed to this day care and we
certainly hope that you vote it down. Thank you.
Borup: Thank you.
Ramirez: My name is Jon Ramirez. I live at 892 East Cougar, which is, oh,
about two houses down from the proposed site. And my only real concern --
everyone else has voiced their concerns on what's going to happen with traffic,
all these kinds of things, and the one to five kids and the six to 12 kids. It seems
me that one to five kids would be like a -- more of a day care situation and she
peaks more of a school, a preschool type thing, which to me is more of a
business. And in our subdivision we don't -- it's more of a family area, not a
business type area, and I just feel that it has no place in our subdivision. That's
about it.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 45
Borup: Thank you. Do we have anyone else that has anything new they'd like
to add? Okay. Any final comments from the applicant? Mary, did you have any
final comments you'd like to make?
Fowler: No, I don't.
Borup: Okay. Commissioners, any discussion?
Norton: Mr. Chairman, I'd like to close the Public Hearing.
Nary: Second.
Borup: Motion second to close the Public Hearing. All in favor?
MOTION CARRIED: THREE AYES, ONE ABSENT
Borup: Would you like some discussion first or does someone want to --
Shreeve: Well, I'd like to just make a comment. First of all, to tell Mrs. Fowler
that her integrity from the standpoint of up front, saying this is where I'm headed,
even though for whatever reasons you pursued a two-step process, but knowing
what your final step and what needs to be, I think that that is very well
commendable and appreciated, because we know that from the very beginning.
But with that said, knowing that in the end I -- I just, I guess simply put, don't see
that it's something that would fit in this neighborhood and I think I would look to
decline this application based on the future. Now the application, I guess, in and
of itself -- again, I guess I don't have a problem with that either, but, again,
looking at the end, I certainly would hate to have you get into something and
then be under a financial burden in the future.
Nary: Mr. Chairman.
Borup: Commissioner Nary.
Nary: Yes. I guess I'm going to probably just repeat myself. You know, if this is
all we were looking at was an accessory use of one to five, I wouldn't have any
problem with it and at least from what I hear from a lot of these folks, they
probably wouldn't either. But that is what our ordinance contemplates for
accessory use is something that doesn't change the character of the
neighborhood. It's not a significant impact on the people that are there. And a
one to five day care is not. That's fine. I think that's exactly what neighbors
should be able to deal with. But a six to 12 is pretty significant and there is a
reason it's a conditional use and the concerns I have in looking at the ordinance
on the conditional uses, I can understand why the neighbors comments were
that it's going to be harder to want to deny it, because this lady will have bought
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 46
this house and is living there. Honestly, it wouldn't be hard for me. There is
nothing in this ordinance that says a financial hardship of the applicant is a
reason to grant it. And so since that was what was placed on the table, that,
really, all what your objective is, is a six to 12 day care and if one to five is only
just a preliminary step, I can't see a reason to still persist with it. I think we would
be wasting Mrs. Fowler's time, and just as well as the neighbors.
Norton: Just one final comment is that perhaps Mrs. Fowler may want to buy a
less expensive home and apply the money toward a commercial establishment
and do your preschool there. You know, there are very fine preschools that
people would love to go to in a commercial -- and that's a pretty spendy home.
So if you need to make enough money -- I have been doing a lot of figures here
how much you need to make in order to make your payment on your mortgage,
plus your expenses, and you need 12 people, so with that I would like to make a
motion.
Shreeve: Before you do, just one quick comment, that we don't want to run you
off to Boise, though, but --
Borup: We have closed the Public Hearing.
Norton: Okay. I'd like to move to deny Public Hearing AUP 01-012, a proposed
family day care, five or fewer children, by Mary Fowler.
Shreeve: I will second that.
Borup: Motion and second. Any other discussion? All in favor?
MOTION CARRIED: THREE AYES, ONE ABSENT
Borup: Thank you, everyone. Good luck, Mary. Commissioners are we --
would you like to proceed or would you like a short break? Okay. We'll take a
short break at this time and reconvene for the -- our last two hearings.
(Reconvene at 9:12 P.M.)
Item 7. AZ 00-019 Request for annexation and zoning of 100.71 acres
from RUT to R-4 zones for Revised Cedar Springs by Kevin
Howell Development – northwest of North Meridian Road and West
Ustick Road:
Item 8. PP 00-018 Request for Preliminary Plat approval of 264 building
lots and 31 other lots on 99.82 acres in an R-4 zone for Revised
Cedar Springs by Kevin Howell Development – northwest of North
Meridian Road and West Ustick Road:
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 47
Borup: We'd like to reconvene our Public Hearing this evening. Start with Item
No. 7, AZ 00-019, request for annexation and zoning of 100.71 acres from RUT
to R-4 for the Revised Cedar Springs by Kevin Howell Development. And the
adjoining application of this is PP 00-018, request for Preliminary Plat approval of
264 building lots and 31 other lots on the same property. I'd like to open both
these Public Hearings and start with the staff report.
Siddoway: Thank you, Mr. Chairman, Members of the Commission. This
project has been before the Commission before. I don't know how many of you
were here. It's been a little while going through the process. The project is
located as outlined in red at the -- near the intersection of Ustick and Meridian
Roads. Surrounding the property here, which is the City's 58-acre park. The
surrounding zoning is pretty much all county, with the exception of the park. This
is the proposed plat. It is a revised plat. I'll try and give you a little bit of history
for those that may not be familiar with the project. The Commission
recommended approval of this project originally on March 15th, 2001. On June
19th
the City Council acted on these applications, remanding them back to the
Commission. It is my understanding -- and Mr. Moore can verify this -- that since
the Commission originally recommended approval and since a new application
was not required, a Public Hearing is not necessary for this. So this has not
been noticed as a Public Hearing. There have been no mailings. It's just been
remanded back to the Planning and Zoning Commission for four specific items
and I will go over these items with you, because any testimony from the applicant
should be limited to those issues that it was remanded for. In the City Council's
letter, the decision and order, it says: One, that it has to supply access for John
Kennedy's property, which I believe is the property to the west up in this area.
Second, they needed to remove from the plat the limited office and multi-family
references that were in this location right here and in this location right here, if
they are not intended to be -- to do a planned development, which they are not
proposing to do. Third, the applicant shall design a new single loaded street
along the park. The park sits south of the property here. Council required a
single loaded street to be constructed adjacent to that park. Fourth, they wanted
the subdivision redesigned to include various lot sizes and I don't think anymore
specificity was put to that word various, so it's kind of a subject call that the
Commission will have to look at and see if they feel that it is -- has enough
variety. They have a breakdown of lot sizes provided on the plat. And the fifth
issue is Venable Lane, which is running north-south along the west side of the
property. I don't fully understand this issue, so I'm going to rely on the applicant
to clarify what this issue is, but my understanding is there is a right of way that
continues up the west side of the plat, which would create lots with double
frontage, which our zoning ordinances do not allow. They expect that right of
way will be vacated. For those specific issues it has been remanded back to the
Planning and Zoning Commission for further design review. There is a staff
report -- I hope you have a copy. It was done today. Well, yesterday. Sorry.
September 19, 2001. Brad Hawkins-Clark and Bruce Freckleton prepared it. On
the second page of that there is a comparison between the previous plat and this
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 48
plat. For annexation and zoning we have -- they are -- we have no changes to
the proposed original staff report in February 15, 2001, and those staff -- that
staff report stands for annexation and zoning. There is -- there are some issues
that need to be discussed regarding the single loaded street, specifically the Ada
County Highway District has proposed a redesign and I'm not sure if everyone
has a copy of that. I hope you do. But on page five of 14 in the ACHD report
they show a proposed re-lotting structure. We as city staff don't like it, frankly,
and we are proposing three other options for traffic calming, which is the basic
issue that ACHD is trying to respond to. They are worried about high-speed
traffic going down a straight through way. So we have talked about constructing
bump outs in alignment with the stub streets and/or pavers or stamped concrete
to provide crosswalks at those. All of these would be traffic calming devices that
should slow traffic. The third is a three to four foot high open vision fence, like a
split rail fence, along the north boundary of the park, which would open only in
line with those stub streets and the crosswalks that would be provided. Frankly,
I'm less excited personally about that option. I think, myself that it would be
better left open, but the other two options seem like really good ones, the bump
outs and the concrete crosswalks. The next issue specific to the plat itself is
regarding the usable open space calculation. There is a requirement for a five
percent common open space. The plat crosshatches the areas that are
designated as usable open space that they have included street buffers and
areas along Settler's irrigation easement, which would not be counted. We just
ask that the applicant clarify if they have five percent excluding those areas that
cannot be counted. We have already talked about vacating the right of way.
Also there are no specific phase lines and phase lines would have to be
approved with a Preliminary Plat. Fourth, there -- I'm on -- I'm reading from
page four now of the staff report. There seems to be some errors in the density
calculations that should be clarified. There is a note issue that can be taken care
of and then an acreage, but that's fairly simple to correct. So those are the
outstanding issues and I will stand for questions.
Borup: Any questions?
Nary: Mr. Chairman.
Borup: Mr. Nary.
Nary: Steve, I heard you say that the staff doesn't like the proposed revision that
ACHD has, but why specifically don't you like it? What specific reason? It looks
goofy, but I mean is there something more than it just looks goofy?
Siddoway: The amount of -- City Council's requirement was for the street that
fronts along that park, it decreases that I'm guessing by about a third. Let me
look at that. Like half. About half of the street is now gone. The idea is to get
the street adjacent to the park, people can have frontage along the street. That's
part of it. In fact, I'd say that's the main issue.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 49
Nary: So it doesn't comply with the City Council's directive, I'm assuming.
Siddoway: Yes.
Nary: Okay. Fair enough. Oh, yes what's a bump out? I guess I don't know
what that is.
Siddoway: If you can picture right down here in Old Town at the corners where
the -- at the intersections, the curbs bump out and constrict the street. Typically
they are along street parking adjacent to that allowed, but it narrows the street so
it's not as wide, you don't get the -- as high of speeds --
Nary: Harris Ranch kind of has the same sort of effect as well.
Siddoway: Probably.
Nary: Is that something ACHD has more -- I mean this revision -- staff
recommendation -- I'm trying to talk as loud as I can. This staff
recommendation from ACHD is simply a recommendation.
Siddoway: Yes.
Nary: So wouldn't those bump outs -- wouldn't they have a little bit more say in
that, because they are going to -- they may restrict the flow of traffic or they
narrow the lanes down and there is a lane width requirement, I mean is that
going to end up being a problem, too?
Siddoway: They would have something to say about that, yes, and that is our
proposed alternative to what their recommendation is.
Nary: Okay. What I guess I want to be clear for the record, though, what they
are suggesting or what they are recommending, right, I would say we are free to
ignore it; correct? They are not requiring that, they are not saying that their only
approval is to do it this way, they are just recommending that because of their
concerns about traffic.
Siddoway: My understanding is this is a staff recommendation, not the
Commission's final written report.
Nary: Okay. But I guess I'm only concerned that they -- if they make -- if we add
those other things that that might give them more fuel to deny it and I don't know,
maybe it doesn't make any difference, you know.
Siddoway: I do not know.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 50
Nary: Okay.
Freckleton: Commission Nary, members of the Commission, I don't know if Brad
Hawkins-Clark has had an opportunity to talk with Andrea at ACHD regarding
this proposed alternative, the bump out alternative.
Nary: Oh. Okay.
Freckleton: They are scheduled to go before the Commission's -- or the staff's
recommendations to the Commission are scheduled to go before their
Commission on the 3rd of October. It would probably be appropriate for Brad to
have dialogue with her and just, you know, put forth our recommendation for the
bump out. The idea behind the bump out would kind of serve two fold, too. It
would give a break in the parking along the park, so that you don't have just a
row of cars, you have a row of cars, you would have some landscaping, bump
out, then you would have some more cars. So Steve just said he thinks ACHD
is saying no parking, so --
Nary: The other thing that is just you don't have a final approval from ACHD and
we generally try to wait for that. Are we premature in making a decision on this
particular project tonight?
Siddoway: Could be. We've done it both ways. If there is a significant issue,
we've held it up in the past. If there -- we have also sent them on subject to
ACHD conditions before. So it's just a judgment call the Commission needs to
make as to how significant this issue is and its likelihood of affecting the design
of the project and getting it back again.
Nary: Thank you.
Borup: Any other -- okay. Back to -- or more, maybe, on the same question
Commissioner Nary had on staff's opposition. Or maybe not -- opposition may
be too strong, but not agreeing with the ACHD's alternative. It sounds like you
said that were essentially you felt to more fully comply with the City Council?
Siddoway: That's correct.
Borup: And did you feel it was City Council's intent to have the entire
subdivision as a single loaded street? I noticed their -- they didn't say how
many lots or how many feet or anything to that extent. So is that your basis on
that recommendation?
Siddoway: It is, although I'm going to have to say that I don't have -- I didn't
have the opportunity of hearing the Council testimony to know specifically how
set they were for a -- you know, the full length of the street versus half the street.
I'll defer to the applicant, because I wasn't at the hearing.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 51
Borup: Well, I notice it's tied in with that -- let me see, that -- with the same
proposal to address any safety issues and it looks like the two are -- conflict with
each other. That -- you know, that straight long shot on a single-loaded street to
me is a safety issue and I assume from reading ACHD's report that was their
main concern.
Siddoway: That is the main concern. That's what we are trying to address is the
bump outs and crosswalks.
Borup: Yes. Okay. Why don't we let the applicant address some of that. Any
other questions from the Commission? If the applicant's representative would
like to come forward. Mr. Lee, I assume?
Lee: Thank you. My name is Gary Lee I'm with J-U-B Engineers, 250 S.
Beechwood, representing the applicant Howell Murdock Corporation. I think staff
has presented the situation pretty clearly about the remand order and the five
different conditions that we are required to meet. I did want to touch on a couple
of those items a little bit more. During the Council's review of this project in
talking about item 1.4 in the remand order, their statement was they wanted lot
diversity and I spent some time trying to find out what they really intended,
because they didn't explain that that evening. I finally got around to Mayor Corrie
and his discussion with other Council members was that they wanted to see
more of a lot size diversification on the project. So part of our redesign was to
add some additional lots in there with more width. We have a few 80 foot wide,
and we have a few 82's, a few 84's, and we have quite a mix on the percentage.
I'm not sure if your reduced scale drawing clearly shows that in the lot area
summary. I know I can't read it on mine. But I'll just briefly go through these
numbers. The 8,082 square foot range, we have 23 percent. The 8,200 to 8,400
square feet we had 22 percent. 8,400 to 8,800 square feet had about 15
percent. 8,800 to 9,200 we had ten percent. 9,200 to 10,000, 12, on up to 15
percent -- or 15,000. Excuse me. So we got a pretty good mixture of lot sizing in
there, which will afford quite a few diversified house plans as well. I think that's
kind of what the Council was looking for. Venable Lane, I want to just briefly
touch on that as well. Currently there is a recorded document that dates back to
1908 where an individual had granted a right of way to the county for a strip of
land 29 feet wide along our western border. There was some question as to the
validity of that document. There were some quiet title actions that were in
process, although they were never completed. So there is a question as to
whether or not there is really a right of way there or not. So our proposal is to go
ahead and construct that portion of Venable Lane that you see along the west
side there next to the school up to I believe it's Ashton Drive. And from that point
north along what is Kennedy's property to our north boundary we will vacate
whatever rights there are for a road. Obviously, there is no road there right now
it's being farmed. So we will take care of that vacation at the time we prepare
the plat on that western border. The safety issues that were discussed not only
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 52
at Council, but at various meetings we had with the staff, which included both fire
and police, was primarily the issue of having access to the north side of that park
and visibility. The police department wanted to be able to see into that park area
while driving their cruisers by. They didn't want to have any backyards and
fences to obscure their site. That was their main concern. The fire department
was basically the same. They wanted to be able to have access directly into the
park if there were emergencies and to get their EMT's in there and ambulance
and whatever. It wasn't really an issue of traffic that was discussed with the
safety items it was the two issues from the fire and the Police Department. The
staff report that you have in front of you, dated 9/19 from Brad, I wrote a letter
this afternoon and I apologize for not getting it in a little sooner, but I only had
today, so I'll pass a copy around to each member. I will just go through this real
quickly, so you won't have to read through that. Item one is concerning usable
open space designations. The staff is correct, we -- when we prepared this
revised Preliminary Plat when we were drafting all the revisions that we make to
it, I didn't catch the fact that the cross-hatching went through those areas where
it shouldn't have. And that is along the northern boundary, all that is cut off on
your northwest corner there a little bit. There is a Settler's irrigation easement
through there. That area shouldn't have been crosshatched. The area along
Meridian Road, the 35-foot buffer, shouldn't have been crosshatched. And then
a small area along Ustick shouldn't have been crosshatched. But the calculation
for the usable space didn't change. It wasn't included in the calculation anyway
and I attached a summary table to the back and you can go through that in your
leisure, but we ended up with 5.16 percent usable open space over the entire
99.8 acres. If you were to evaluate the open space afforded by the school site,
the area that's not covered by building or a parking lot, there is another seven
percent of open space. It goes up to about 12.7. So we meet the minimum five
percent. The second item discussed was the vacation of Venable Lane. I spoke
about that previously and we'll go ahead and take care of that. The phasing, the
developer Kevin Howell has expressed a desire to phase this project. He
typically likes to do about 70 or 80 lots per phase. So we are thinking probably
three phrases in here, maybe four, and he and I are going to work on those
phase boundaries probably tomorrow or the first of the week. But our
anticipation is that the first phase will start up on the northern end with that
northern entry. And the reason I say that is that's the alignment for the proposed
White Drain Sewer that's coming in the northern entry and go all the way over to
the west boundary to Kennedy's parcel. So we want to develop along that sewer
line first. I don't think we'll go entirely all to the west, but that will be the main
focus would be up on that northeast corner of the site, is that first phase. So
whatever it takes, then, about 80 lots or so, that's where we will start. But we will
put together a phasing plan and get it to your staff. The density calculations that
Brad mentioned in his letter, I went through those calculations again today and
summarized all the lot areas and, again, it's on this table in the back. But if you
look at the gross density, excluding the school -- well, including the school -- it's
2.64 dwelling units per acre gross, 3.49 dwelling units net, and that's taking the
roads out. If you exclude the school site and just take the residential portion, the
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 53
gross is a shade under three and the net is about four. Again, the areas are
summarized in the table. The fifth item in Brad's response is concerning a note -
- and I thought I got that changed on this revision, but I missed it again -- to call
that an old subdivision name and we will change that to the correct name in note
three. The school acreage is the last item on his list. The gross acres actually
are 11.41, instead of 12, like we have got shown on there. And the net is 9.47.
So just some mathematics to kind of clean that up. I guess the other item is the
ACHD issue and as you're all aware, this is just a staff recommendation to the
Commission. I did have a conversation with Tom Kuntz today, parks department,
and he said that he and some of the Council members are meeting with ACHD
the first of next week, I believe, and they are going to discuss this item. If you
read their recommendation and look at site-specific number eleven, talking about
Ashby Street -- maybe that's not the one I was thinking of. There is one in here
that talks to the fact that ACHD doesn't have a policy on lengths of street or
alignment, except for curb and linear alignment. So their recommendation –
Norton: Number 14.
Lee: Is it number 14?
Norton: Yes. 612.
Lee: Yes. So although district staff does not have any specific policies
prohibiting the length and configuration of a roadway, staff recommends the
roadway be configured to eliminate straight-aways. You know, you talk about
the straight-aways and you have all seen them, we have got straightaway
streets all over the county, and there is one that came to my mind when I was
reading that and that's that park that's on the corner of Eagle Road and McMillan
that the City of Boise has and it has quarter mile straightaway on both sides and
one of the streets is 55 miles an hour, Eagle Road. And then, of course,
McMillan is -- I think it's probably 35 or 40 in there.
Nary: Mr. Chairman.
Borup: Commissioner Nary.
Nary: I'm going to stop you there, Mr. Lee. There is a pretty big buffer
between where the park is and where those streets are, though, is there not, on
both Eagle and McMillan at that park?
Lee: Well, there is some landscaping there, yeah.
Nary: There is not just landscaping, there is parking lots on both sides or
adjacent to McMillan and Eagle Road, is there not? There is not grass four feet
from the roadway --
Meridian Planning and Zoning Commission Meeting
September 20, 2001
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Lee: No, there is not.
Nary: -- on those parks, are there?
Lee: But there isn't a parking lot the whole way either.
Borup: I mean the main difference is there no residential around that park, is
there? Some residential housing?
Lee: On two sides there are, but not across --
Borup: Not on Eagle and McMillan.
Lee: There is a school on one side and something on the other. But I was
talking about the straight street issues and -- but there are some solutions, I
think, that can probably be worked out. Steve talked about the bump outs,
painted crosswalks. In fact, Tom Kuntz mentioned a fence today, but it was
shorter than three or four feet, he was talking two or three feet in a vinyl plastic
fence, something that can be broken easy with a cruiser if they had to get in
there for emergency purposes. I thought about maybe a stop sign midway to
help slow some traffic. Reduction of speed limits. There wouldn't be any
reason why we couldn't put a 20-mile an hour in there like a school district. The
parking was kind of an interesting comment. One of the things that I thought that
Mr. Kuntz and I agreed on is that there wasn't going to be any parking along that
street for park use, because they have enough parking on site and that was
always an issue as a development standpoint and it was agreed upon there
wouldn't be any parking there. So we assume it's going to be signed and
controlled that way. I think that probably concludes my presentation. If you have
any questions I would be glad to --
Nary: Mr. Chairman.
Borup: Commissioner Nary.
Nary: Actually, I don't have a question for Mr. Lee at this juncture. What I do
have a concern is in looking at our ordinance -- and Mr. Moore can offer his legal
opinion, but I don't find any exception in our ordinance that revisiting a plat that -
- especially when it's been redesigned, but revisiting a plat is an exception to the
Public Hearing requirement. So to me if we are not -- if this isn't properly noticed
as a Public Hearing, then no one can come and comment, Mr. Lee is going to
have to come back and he's going to have to give that presentation all over again
after he gives notice, but --
Moore: Chairman Borup, under 12-3-3 on Preliminary Plats it states that a Public
Hearing held prior to a plat approval, a Public Hearing shall be held at the time of
the presentation of the Preliminary Plat by the developer to the Commission for
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September 20, 2001
Pg. 55
purpose of allowing public input on the proposed subdivision. If you go back to
the 12-3-7 D-2, it says the administrator shall review the Final Plat for
compliance with the approved or the conditionally approved Preliminary Plat. If
the administrator determines that there is substantial difference in the Final Plat,
then that which was approved as a Preliminary Plat or conditions which have not
been met, the administrator may require that the Final Plat be submitted to the
Commission in the same manner as required in the Preliminary Plat process,
including a Public Hearing and notice thereof.
Borup: So this is still a Preliminary Plat, not the final.
Moore: But there is a substantial difference from the last one, is there not?
Nary: My additional concern would be is that in setting the matter back it's one
thing if the Council set it to this date. At their Public Hearing they said on
September 20th
the Planning and Zoning Commission is going to revisit this plat
and you're going to bring back a new design plat. They didn't do that. So no
person from the public would have any idea, unless they read this agenda that
we were talking about this plat tonight. There is no posting, there is no mailing,
there is no nothing, you know, and I guess my concern would be if we take any
action on this it's invalid, because there hasn't been proper notice of this hearing
for the public to be able to provide comment. And as you may recall the last
time, we had a lot of people provide comment the last time. So I certainly -- and
I asked Mr. Moore, I don't see any exception and when the Final Plat approval --
as that last part said, if it was substantially changed from the Final Plat we have
to have a Public Hearing. Here it's just kind of a word quirk as we are reviewing
the Preliminary Plat a second time, but it is substantially changed, there is no
doubt.
Moore: Yes and that's the point.
Nary: So, Mr. Chairman, I don't know that we really need to continue with this
hearing, because this needs to be a Public Hearing, it needs to be noticed. And I
hate to waste Mr. Lee and Mr. Howell's time, but it should have been noticed
before today for tonight.
Borup: Any other comments from staff?
Siddoway: I raised it, because I also had the same concern, but I would point
out in Brad's memo dated August 17th regarding the Cedar Springs re-submittal
process, it says that in accordance with the remand order, Bill Nichols, City
Attorney, recommended the P&Z Commission review the revised Preliminary
Plat. Since the Commission originally recommended approval of the plat and
since a new application was not required to be submitted by the applicant, a
Public Hearing is not necessary before the Commission. To fulfill due process, a
Public Hearing will be held before City Council, but only after the Commission
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 56
makes a formal recommendation upon review of the revised Preliminary Plat.
Your review should include both the annexation and zoning application, as well
as the Preliminary Plat application. Based on this it's my understanding that Bill
Nichols' opinion is that it doesn't need a hearing.
Nary: A Preliminary Plat. Just Council?
Siddoway: Just Council is what -- is what I read into this, but --
Borup: What you're saying is that Mr. Nichols indicated that there is no public
hearing needed here, but when it goes back before the City Council there must
be a Public Hearing.
Siddoway: That is what I read.
Nary: But just so the record is clear and I don't want to put Mr. Moore in an
awkward position, but I don't care if I'm in an awkward position. Mr. Nichols -- in
reading this ordinance it doesn't say that an application is the trigger to a Public
Hearing it says the plat is the trigger to the Public Hearing. And this is a new
plat, not an application. So to me I don't think the ordinance gives an out and I
think Mr. Nichols is missing the fact that the plat is what is key here. And so I
don't think -- I don't think it's responsible of us as a Commission to ignore what
our own ordinance says. Attorneys can be wrong and I feel very comfortable in
saying that. Attorneys can error. And I just don't think that that's really quite
exactly what that ordinance says. I think it's our responsibility to the Commission
to also interpret that ordinance as well. So I guess I still feel like that a Public
Hearing is necessary and people should have the right to comment and if there
isn't anybody, there isn't anybody, but I don't think it would be proper for us as the
Commission to ignore what's pretty plain in this ordinance and that a plat -- a
new plat, whether it's an application or not, requires a Public Hearing.
Lee: Did they ever close that Public Hearing at Council?
Siddoway: I don't know.
Nary: They must have. They issued a final order that allowed them to appeal it.
So they would have had to and that's what that order says, that that's an
appealable order. Mr. Chairman, I'm willing to make a motion. I guess we'll see
what happens, though.
Norton: Wait. Let's have some discussion.
Nary: Okay.
Norton: I'm still back reading this memo, because it was cc'd to Bill Nichols. You
know, sometimes the trouble is like this is dated August the 17th
and we don't get
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September 20, 2001
Pg. 57
them until two days ago. So if maybe if our Commissioner Attorney Nary had
seen this in August 17th
, instead of just two days ago, you know, we wouldn't be
sitting here pondering what to do. I notice a lot of these, you know, are
submitted and we don't get our packets until Tuesday night and so we have two
days to review these things.
Borup: And this first letter from Mr. Park we should have got much earlier.
Nary: And I also want to be clear. I mean I'm not blaming the staff or anybody. I
mean I understand the reasons for following the advice that they get. I mean
they should do that. But I can't read 12-3-3 B and say that anything but a Public
Hearing is required to review a Preliminary Plat. Just because it's been revised
is not an exception to the Public Hearing requirement. And, again, the staff may
have directed when this was to appear on our agenda, but the Council didn't
direct it as a public meeting. There is no way a member of the public would
know to come. That's how they -- that's how they are supposed to know. If they
made a direction to send this back at the very next meeting of this body and we
set it over, again, the public has notice, they have the ability to know that, but
they didn't have the ability to know this and they have the right to come and
make comments to us before it gets to the Council. Mr. Nichols is right, everyone
gets a Public Hearing at the Council level, but our ordinance requires that they
can have one here.
Borup: Further comment, Mr. Moore?
Moore: I'm looking at 12-3-4 and it says Preliminary Development Plan. Upon
receipt of the Commission's action concerning the Preliminary Development Plan
or the receipt of an appeal of such action by the applicant or other agreed party,
the administrator shall respond as follows: A, set the Public Hearing date for the
Preliminary Development Plan and, B, review Public Hearing comments by
concerned persons, public agencies, or city departments. It seems clear that
when it comes back to you on an appeal you still have to have a Public Hearing.
Borup: Okay. Well, that's the opinion from our attorney here sitting with us,
what we have to go by, too.
Nary: And my view would be that the term Public Hearing here doesn't mean
that we are just having this hearing in public. That means that the public just
has notice to be here and they haven't. That's what that means, so –
Borup: Well, maybe before we proceed on, I would be -- I think just for the
applicant's -- I appreciate the direction we are going, but for the applicant's
benefit if there is anything on the plat that any of the Commissioners feel that
input would be pertinent, maybe that would be helpful to do that this time,
especially thinking that would -- any changes or additions or anything that -- that
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September 20, 2001
Pg. 58
would like to be seen, I think it would be appropriate to do that tonight, rather
than at the next meeting.
Norton: I just had some comment. I voted no to pass -- I vote to deny this and
so I'm the lone no vote when we sent it to City Council and I'm very pleased to
see this revision. I see there is still a little walkway into the schoolyard. I don't
see a problem with that street. You know, you can do 20 mile an hour school
crossing signs. I was very happy to see that this is a single loaded street and I'm
glad I wasn't in any of those meetings, because I bet they were pretty heated.
But I think the final result looks very good. It's very good.
Borup: Any other comments from --
Nary: Mr. Chairman, about the only comment -- I do like the change. I think it's -
- I think the change is positive. I don't have as big of heartburn, maybe, with the
ACHD's recommendation, but I do think that this is better with the suggestions
that staff has made. I think those are things that are probably better looking, it's
a little bit nicer looking down that drive there, it's going to look a lot better than
this dead end that's going to stare at you as soon as you turn on that street. I
think that's -- I live near Chateau's park, which isn't developed yet, but it has a
long straight street -- or it has a little bend in it, but not much, that goes all the
way to Ten Mile. So it concerns me some that it would be a race track, so I
understand where the County Highway District is coming from, but I think that the
staff suggestions are adequate to meet those same concerns, the pavers and
the -- whatever those other things are called.
Siddoway: The bump out things.
Nary: The bump out things. I think all those things are adequate to address the
same concerns without just making a 90 degree bend in the road, so I like that
better, too.
Borup: It sounds like the Commissioners are saying -- sounds like traffic
calming would be --
Nary: Yes definitely.
Borup: -- would be appropriate, not necessarily what ACHD said. Okay. Any
other comments?
Nary: Mr. Chairman.
Borup: Commissioner Nary.
Nary: I'm going to move that we continue this public -- continue this hearing,
and that it be a Public Hearing, onto our October 18th
agenda. That should be
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 59
adequate time to provide public notice and we'd also at least have the final
report from ACHD as well, but that we move items seven and eight, AZ 00-019
and PP 00-018, to our next meeting -- or our second meeting in the month of
October, October 18th
, to provide for public comment.
Shreeve: I second that.
Borup: Motion and second. Any other discussion? All in favor?
MOTION CARRIED: THREE AYES, ONE ABSENT
Borup: Okay. Any questions from anybody? Thank you. All right. I think in the
beginning Mr. Siddoway said he had some additional information for us on the
comp plan. I think that would be real good, since we have that next week. I've
still got a little bit of a conflict that night. Right now I anticipate I will probably be
late. But I hope not too late. Steve, you wanted to talk about what?
Siddoway: Mr. Chairman and Commissioners, at the last Comp Plan Hearing it
was requested by Mrs. Norton that staff prepare a map of all requested changes.
It's done. And I'm handing it out to you tonight so you can have a week to look at
it and I don't have to give it to you the night before.
Norton: Thank you. So this is an overlay of all the different -- oh, I see what you
have done. Excellent. Everybody had a complaint and wanted -- oh. Good for
you, Steve. Thank you.
Siddoway: You can see that the map is titled requested changes to the future
land use map. All of the requested changes are in red with a note as to what it
is and what they are requesting it be changed to. As -- we tried -- we went
through the last two Public Hearing notes with the Commission, we went through
all of the -- what we believe are all of the written comments to date, as well as
the written comments from a year ago when the original draft went out, and we
noted all of the requested changes from all of those various sources that have
not yet been responded to. Everything that had a specific location is noted
directly on the map. There are over on the right-hand side, titled unmapped land
use issues, the outstanding land use issues that are, you know, more general in
nature and not tied to a specific property. We tried to be comprehensive and just
lay them all out. I would note that this is just an objective comprehensive list.
Don't take it as a staff recommendation for changes. It's just all of the changes
good and bad for your consideration. Also there are several issues outstanding
that are not land use related that are related to air quality or bike lanes or other
things that don't show up on this map and Brad is compiling those in memo
format and we will have those for you as well.
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September 20, 2001
Pg. 60
Nary: Steve, just so I can make sure we are oriented, since it's not marked, the
far eastern boundary would be Eagle Road, the far northern -- the northern
boundary is Ustick; is that correct?
Siddoway: No.
Nary: Or is that McMillan?
Siddoway: Chinden is the northern.
Nary: I'm sorry. I'm sorry.
Siddoway: Yes. It goes from Chinden down to just below Amity. You can see
the freeway running through the middle. Eagle Road is here. The edge of our
impact area -- I mean the dark line is our impact area.
Nary: Oh. Okay.
Siddoway: It is the impact area line. Underneath -- in black and white is the
Comp Plan map, minus the land use designations, but all of the land use, all of
the parks and the pathways and the well sites and the fire -- you know, the land
use map is underneath there, but then I turned off the land use, put on the lots,
so that you could -- because we were following lot lines for most of these issues
and just noted those with all the call outs. So the -- it is the impact area.
Chinden on the north, Amity on the south, McDermott on the west, and a quarter
mile west of Cloverdale on the east.
Nary: Thank you.
Norton: Steve, do you have that -- what's that imaginary line called? Service
use?
Siddoway: Service Planning Area.
Norton: Yes. Is that on here?
Siddoway: Oh, yes.
Norton: What line is that?
Siddoway: Do you see the dashed line that we run here? That is on there? And
you can see some red dashes that are proposed changes that were requested
and noted, you know, to include property in the USPA. Also over on the right-
hand side I have an entire section of items seven through ten that are in the
Service Planning Area general issues and these are very much abbreviated, they
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 61
are intended to be bullet points just to jog your memories about what the issues
are that you can take and use.
Shreeve: Are we allowed to ask any questions or do we have to wait until next
week?
Borup: I don't know why you can't ask any questions. It's --
Siddoway: It's just staff for clarification. I don't see a problem with that.
Nary: The Public Hearing part is over and this is just something --
Shreeve: Yes I don't have anything now, but --
Siddoway: Big build up here.
Shreeve: Actually, I do have one. Remind me again why the USPA was even
conceived, because I have had some questions about that presented to me and -
-
Siddoway: Sure.
Shreeve: I know why -- I know why it's there, but tell me again.
Siddoway: It's a mix. To control growth is the gist of the issue.
Shreeve: Right.
Siddoway: We have had several applications that are noncontiguous. Staff
would refer to them as sprawl. Inadequate public facilities. And all the rest. The
line is an attempt -- the line can be used a couple of different ways and I would
very much refer you to the memo that I handed out at the last hearing that really
kind of lays out, from staff's perspective, the options that you have in setting this
line or not setting the line, what -- you know, what it would be used to do, what it
would not be used to do. My opinion of what it is and what it should be -- in my
opinion it's not -- it never should have been called the Urban Services Planning
Area. The Urban Services Planning Area is the impact area. We are planning --
we already have sewer planning and well planning done for the entire impact
area. Our Urban Services Planning Area is the impact area. Okay. But not all of
it has urban services today. What I see that line is -- as, is a line that demarcates
where urban services are –
Shreeve: Which is your CUS line?
Siddoway: Yes the Current Urban Services Area is what I would propose calling
it, or something like that, to delineate the areas that either have urban services or
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 62
are fully committed. And I define fully committed in the memo as basically, you
know, have to be dedicated -- you have to be sure. You know, the -- or some --
even that's maybe not –
Shreeve: It's readily available for --
Siddoway: The White drain is a good example. It's not in place. We show the
White drain service area in the USPA -- CUSA, whatever we are calling it. It's
not built yet. It's not 100 percent guarantee, as Bruce can say, because all of
the easements are not in place, but the funding is committed to that. If it's a
funded project or already in place, you know, I think it should be in there. Some
urban services are going to have a deficit within there, like parks is an obvious
one to me, and I think that the city has to be committed within that line to make
up the deficit. Beyond that line I think that -- and this needs some discussion, we
need to define what urban services -- because there is police and fire and parks
and schools and roads and not all of those the city has direct jurisdiction over,
but which ones are we going to use to regulate growth and what are the
standards by which we will say that the facilities are deemed adequate. I think
that is something that we are missing. We have a provision in the annexation
ordinance today that says -- one of the required findings is adequate public
facilities, but it's very vague and the only thing people have paid attention to in
the past is sewer -- is their water line. The other part of the facilities has got
peripheral consideration.
Borup: I think up until a year ago. Last year a lot of things have changed.
Siddoway: A lot of things have changed and I think -- but there is a lot of
frustration in the development community, because they don't know what the
standards are. A lot of frustration from staff, because we seem to spin our
wheels on projects that go nowhere. I think we need -- we need some defined
standards for public facilities to determine adequacy and the line to me is
nothing more than saying within that line we are saying that public -- all public
facilities are either available or a deficit -- the city is committed to make up any
deficit. To move beyond that line --
Borup: You're saying the city would be committed at their expense to make up
the deficit?
Siddoway: Yes. Like parks, for example. You can't -- if you establish a -- if you
establish an impact fee for parks and you base that on a certain level of service,
if that level of service is higher than the actual existing level of service, new
growth can't be expected to make up the deficit that already exists in the city
park system. The city has to be committed to making up the deficit for its
existing residents and make future residents and developments pay their way.
That's the idea is to get concurrent public services with development. That's the
word that I would use. We have the criteria by which we determine the adequacy
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 63
of those public facilities and then it's a way in my mind to get away from the
Tuscany Lakes and the Autumn Faires that are in continuous -- continued mode
while the public facilities, like sewer issues, are worked out. It's frustrating to the
public to have to come to hearing after hearing just to find out it's continued and
continued and continued again and again and again, pretty soon they quit
coming, whereas if up front we had the standards that said either you meet these
standards or it will be deemed inadequate, I think it would help that.
Borup: So that's a little different -- a little different approach than I had
understood before, so that's interesting. But you say inside the boundary the
city would be expected to bring the services and -- but so -- it seems like that's
also saying, then, outside the boundary, if the developer provides those
services, then in my mind it should be acceptable if –
Siddoway: And that is another issue. I'm going to have to think on this a little
bit, because there are some growth areas within that -- within that line and a
growth area would be expected to pay its way. So I –
Borup: Have to think about that a little bit.
Siddoway: The existing built out -- the growth can't be expected to pay for
deficits in the built out area is what I intended to say.
Borup: Then the growth within that boundary --
Siddoway: Even growth within the boundary would --
Borup: Would pay its way.
Siddoway: Yes so I misspoke.
Freckleton: Could I ask a question on that? Steve, at one time we talked about
setting up a primary urban service planning boundary and then a secondary. We
talked about that at a workshop. Or maybe that wasn't the right words, primary
and secondary, but it was the -- the one that we were going to give greater
attention to is the one that's closer in and when you're talking about services, we
have to talk about all services, not just sewer and water. It seems like everything
in this development they hinge on sewer and water, but I think we have to look at
all services, fire protection, schools, everything and there needs to be a level of
service established as what's acceptable and if you're below that limit it's just --
you can't meet the level of service.
Borup: I think that would be good. I think there has been a big change. I mean
any major subdivisions have either a school site or a park site it seems like lately
or that's been real close that it hasn't been necessary.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 64
Nary: Well, one thing that I thought of also is that one of the things the city can
do -- not necessarily to fund those types of things, but at least to provide
incentive for those types of things, even within the boundary, and that's
something maybe in this process as we go through it we can look at that. For
example, in Boise at times people can trade off development to be able to -- or
the city would like a park, a neighborhood park of some sort, so they could take
their green space and combine it into a park and with the trade off the city gives
them this higher density different location to allow that exchange, so that now we
get a park where we would like it and you give them higher density in sections
that it's not going to be a tremendous impact on this new development and it's
not next to already existing things. Those are the kinds of things to me that is
kind of a give and take of how you try to use this plan and then get your
ordinances and put it into place going forward, but looking at those types of
things, you know, trading off some of those things, providing incentives, not
necessarily built -- always having to have the city taxpayers build a park or build
a fire station, but to get a developer to build a fire station or provide inexpensive
property to build a Fire Station on as a trade off for something else, something
else that's reasonable that the city also would like to have. But like the
neighborhood center concept, to get someone to do that you may have to trade
off density something or else that –
Siddoway: We tried that by density incentives there, so --
Nary: And those are the kinds of things I'm thinking -- that's kind of where this
blueprint has to go forward and make ordinances to do that.
Siddoway: Yes the Commission can entertain one other purpose of the line. The
other side of it can be used, you know, more like a growth boundary -- I don't
really support that, because that's what I think the impact area is. But there is a
lot of interest -- there is some interest, anyway, in curtailing development beyond
it.
Shreeve: But isn't there some agreement with the county that we are to provide
services within, what, another seven years?
Siddoway: I think so.
Freckleton: And that's to the impact area.
Shreeve: And if I understand right from -- or if I recall right from the reading to
the USPA, we figure it's either there or at least within five years, is that -- am I
recalling correctly?
Siddoway. I don't understand.
Borup: That service would be within five years.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 65
Shreeve: Five years for that matter. I guess what I'm questioning is, well,
what's two more years to the impact line, if I recall that.
Borup: And it doesn't state that we have to provide services, isn't it that the plan
has to be in place and a way to provide services needs to be -- or what -- how is
that --
Siddoway: I don't know the exact wording. I know the city has committed to be
to providing services.
Borup: And doesn't the sewer plan tell us how services will be provided?
Siddoway: We have a --
Borup: Fire Station locations, you know, things like that.
Siddoway: Yes.
Borup: If we are going to have to provide services there, we are in a lot of
trouble. It's not going to happen.
Shreeve: To the impact line, is that what you're saying?
Borup: Right. I mean -- and I don't think anybody expects that. I know we don't
--
Nary: I think you're right. I think it's -- can you provide the service to that.
Borup: That's what I was hoping. I mean that was what I understood.
Nary: I don't know that you have to -- I mean I don't know.
Borup: I think we would all be interested in knowing --
Freckleton: By virtue of our facility plans that we have developed we have
proven that, but I don't know that that satisfies the agreement with Ada county. I
didn't --
Borup: Could we get some clarification on that agreement?
Shreeve: Because, you know, let me just ask you a hypothetical question. Say
a guy comes between the lines, between the impact line and between the first
USPA, somewhere in there. Simply put, can we just say no, we don't want to
approve you, because you're between that line. Or do we need to say, hey -- I
guess -- and if we can do that, if we could just, you know, simply say, well, you're
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 66
in there, no, because you're inside the USPA, and I'm thinking, well, if we have to
serve them within a seven year time frame potentially anyway, you know, are we
just developing another step of bureaucracy with this line.
Nary: I think the intent is to try and get growth in the city to go from the core out
and not out in, in different leapfrog fashion.
Shreeve: But you can stop that by virtue of you just don't have the sewage -- for
example, this subdivision tonight. You know, well, Kevin, we just don't have it out
there, you can take your own risk, you can do whatever you want we just don't
have it. So by virtue of that you're growing from inward out, so we are not
committing ourselves that we have got to just run a line clear out in the middle of
nowhere for no reason. I guess by virtue of that, I guess I still don't understand --
you know, because we still have that controlling function that just can't get out
there, whether we wanted to or not, we just simply can't do it, so why have the
line at all? Why make that designation?
Borup: My other concern is if we have got seven -- we had ten years, you know,
and we are back at someplace and they are turned down on an application, then
can they go to the county and get their project approved there? It's outside of
the city's control. You know, we are not going to have any say in what happens.
And it's obvious that we are not going to have services in our whole impact area.
That's why I'm interested in the definition, some way that we control what
happens within those boundaries. Or in seven years is the whole thing wide
open to anybody that wants to come along?
Siddoway: Well, I think that's what we have seen happen. I mean you have
seen all these developments that they come to us and they don't get a favorable
recommendation, they go to the county and try and develop an urban density --
Borup: Well, it hasn't happened yet. They are trying, but --
Freckleton: We had one of them go before the County Commissioners.
Siddoway: Well, we have had three, but they weren't approved.
Freckleton: Right.
Borup: That's what I was trying to say.
Freckleton: One of them has been approved, but there has been several go
before the County Commissioner.
Borup: And why have they not been approved?
Freckleton: Just simply put, out of respect from the city.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 67
Siddoway: Yes because they say -- at least one of them -- I know they said if this
isn't -- if this isn't sprawl, I don't know what is, and this is in the impact area and it
should be under the -- you know, the city's jurisdiction and develop it if the city
would like it. Not all the Commissioners feel that way, but that's how the city
feels and we were glad that one went that way.
Nary: And that's always the debate is that issue of is that outside in versus
inside out and the city's preference versus where to develop, because the land's
cheaper further out than it is in and that's what the -- that's why they'd like to
develop that way. That's why I said one of the things the city might want to look
at is that offering incentives. You know, if there is going to be something -- if you
want them to develop closer to you and pay higher prices for the land, you're
going to have to give them something to make it worth their while to do that,
otherwise, they are going to -- and eventually either the County Commission may
change or if they see repeated after repeated denials of these projects, the
developers will say we will build it -- we will build a sewer plant, if that's your
concern, we'll do something on the sewer side, we'll pay for it, then the risk is
that at some point the Commission might say Meridian doesn't seem to want to
grow, maybe they need to readjust their impact boundary and we are going to
improve those projects and now we are right on the edge of that and that's I think
where the debate is on that particular issue and right now the north Meridian
area is being considered with those committees and such, so that you don't end
up with that kind of sprawl. That's the hope that -- if you're working together then
you can find a way to get that incentive to get that built.
Shreeve: No. I completely understand. I guess I just -- you know simply put,
sewer, water, you're limiting the line, rather than actually having a line, you just --
another question. The sewer, what's the stand on those treatment facilities,
individual -- it sounds like they are -- you're going to approve them and I don't --
you know, they have been talking, even when I lived here before,
regionalization, get away from those things, and now that they are entertaining
those things it is ridiculous.
Freckleton: Brad Watson has had a lot of -- he's done a lot of research into this.
I know there are neighboring states that will not approve them -- will not approve
the Sewer District, package plant type concept. I guess I'll kind of defer that to
him.
Shreeve: You know, I -- my personal opinion is, is I'm against that. But, on the
same token, you know, again, the argument, if Meridian is not willing to expand
out and get those people and, you know, there should be private enterprise that
potentially could step in. I mean it's a free market world, you know, so I guess,
you know, I tend to want to have Meridian have that business, but on the same
token, you know, it's a free market world and to hold people up from that, you
know, it's a pretty good argument, in my opinion.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
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Freckleton: Yes. The point I was trying to make earlier is people get focused in
on sewer and water. When you're trying to develop urban densities, you got to
look at sewer -- or I mean, excuse me, schools, you got to look at police, fire, all
the other services that are essential.
Shreeve: Which goes back to this definition which may answer the question of
sewer. Yes, you can get a treatment plant, but you don't have a school, you
don't have which --
Freckleton: Yes and it takes 10 minutes for us to get there to respond to a fire or
whatever, you know. Those things that would be items kind of get overlooked
and I think they are very important.
Shreeve: Sally's getting anxious.
Norton: That's all right. I'm just ready to fall asleep. I do have some questions
about who's going to handle the meeting next Thursday, Keith, if you're going to
be late.
Borup: Anybody have a preference?
Nary: I can start it. I don't have a problem with that.
Shreeve: I second that.
Norton: I third it.
Moore: Can I ask you a question? 6:30 or 7:00?
Nary: It's noticed up at 6:30.
Moore: 6:30? All right.
Borup: I thought we had talked about 7:00. That would help a little bit, but --
Nary: I think we did, but I saw the notice and it says 6:30.
Siddoway: Remember the motion. It was 6:30.
Nary: It was.
Shreeve: Right.
Nary: Yes I've got it written down at 6:30.
Meridian Planning and Zoning Commission Meeting
September 20, 2001
Pg. 69
Siddoway: Brad Hawkins-Clark will be the staff member from P & Z here. I
might also mention that in the motion they requested three things from staff. One
was this map, one was a summary of the testimony from that last meeting and
Brad is working on that and third was the notice to the media and Brad is also
taking charge of that.
Shreeve: You want to make sure that Bill is on TV.
Norton: Thank you, Steve. I appreciate that.
Siddoway: Thank you.
Nary: The map is great. Thank you.
Shreeve: I make a motion to adjourn.
Norton: Second.
Borup: All in favor?
MOTION CARRIED: THREE AYES, ONE ABSENT
Borup: Meeting adjourned at 10:23 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
/ /
KEITH BORUP, CHAIRMAN DATE
ATTESTED:
WILLIAM G. BERG, JR., CITY CLERK