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HomeMy WebLinkAboutSept 19, 2002 Meridian Planning & Zoning September 19, 2002 Page 81 of 98 Item 11: Tabled Public Hearing from September 5, 2002: MI 02-005 Request for change of Area of Impact by Mike Caven, Caven, Inc. for 39.64 acres located at the northeast corner of North Eagle Road and East Ustick Road: Borup: Okay. Next item is -- Zaremba: Eleven. Borup: Yes. I had read through it, so that's why I was looking at 12. Item No. 11, MI 02- 005, request for change of area of impact by Mike Caven for 39.64 acres, northwest corner of North Eagle and Ustick Road. I'd like to open this Public Hearing and start with the staff report. Hawkins-Clark: You should have received a staff report from us dated September 12th. The miscellaneous application -- generally the issue is -- this is -- parts of these that are two existing parcels, both are owned by Caven, Incorporated, approximately 39 acres. It is currently in Meridian's area of impact. That's right. There is an area -- it is 36.94, not 39.64 acres. The deed should be referenced in correcting that and notice the right acres, but -- Borup: The staff report does say 36. Hawkins-Clark: Yes. The way that the City of Meridian handles any requests to be either added into or moved out of our area of impact is through miscellaneous application. During the Comprehensive Plan amendment process Caven, Incorporated's, attorney did testify at the hearings and requested that this be removed. At that point in time neither the P&Z Commission, nor the City Council recommended removing them from the area of impact during the Comprehensive Plan amendment process. The staff report does mention that the Council did have a meeting -- it was not a Public Hearing, but they did have a public meeting where this exact issue was discussed. Essentially the Council had some consensus that since, at that point in time, Meridian sewer was not available, they felt it would probably be appropriate to be sewered by Boise. Since that meeting the Public Works Department has made quite a bit of ground on the South Slough extension and maybe Bruce can speak further to where exactly that would extend to, but there is a much higher likelihood of increasing the time frame on when this parcel could be served by Meridian, so -- or shortening the time frame. Essentially, what we have done in our staff report is go over the three areas in state statute that deal with the area of city impact changes and we are recommending that the parcel remain in City of Meridian's area of impact, given that the South Slough extension time frame, as well as the market being largely Meridian's market in terms of commercial and industry, rather than Boise's market, and that market is one of the factors in determining area of impact. The W.H. Moore parcels on the west side of Eagle Road are -- staff has also had quite a bit of discussion with that there is an agreement that the City Council said that they would extent city services beyond the city limits to serve that parcel and there is certainly a relationship between those two. In terms of design, for example, Meridian Planning & Zoning September 19, 2002 Page 82 of 96 landscape buffers and building setbacks and building heights, we feel it would just be more appropriate to have those two corners on the north side of Ustick be more compatible, rather than having it be two different jurisdictions. So we are recommending denial. Zaremba: Can you point out to me where the Summers Funeral Home is? Water service is already there, as I -- there? And is that -- Borup: No. I believe it's here. Isn't it? Zaremba: And are they within- Borup: Or -- I'm sorry. Okay. Zaremba: My question is we are serving them with water, are they within the city limits of Meridian? Hawkins-Clark: They are not. Zaremba: So they don't have to be within the city limits of Meridian to be served? Hawkins-Clark: That's correct. If the City Council grants an extension of city services beyond city limits, they can be do that, and, you're correct, they do have -- Mathes: Ada County? Hawkins-Clark: They are under Ada County jurisdiction. Right. But they are within the City of Meridian's impact area and would be city limits. Mathes: And they can eventually be annexed in? Hawkins-Clark: Correct. Borup: Any other questions for staff? Zaremba: Yes, Would you indicate, if you can, by drawing on the map you have in front of us, where is the closest city boundary at the moment? Hawkins-Clark: Commissioner Zaremba, the colored items on the map are city limits. Borup: The parcels that staff referred to in their report was this parcel here and this parcel here. Zaremba: Those are the W.H. Moore properties? Mertdian Planning & Zoning September 19, 2002 Page 83 of 96 Borup: Well, this one is, I believe. And then there is rumors about this one. Is that correct? Hawkins-Clark: Correct. Borup: Or is it more than rumors? Hawkins-Clark: The so-called Davis parcel. Borup: Have they been in for a pre-application meeting or anything? Hawkins-Clark: We have not had a pre-app meeting, no. Not formally. Borup: Do you have some comments on the sewer? Freckleton: Certainly. Mr. Chairman, we are on schedule for breaking ground on the South Slough sewer extension around the first part of November. It will be bringing the South Slough sewer trunk through -- it starts about here, the project does. It comes down through these parcels -- I could be getting screwed up on exact alignment, but it comes out onto Leslie Drive, then it branches -- there is one branch that goes north and it goes to Ustick and then east along Ustick, we bore underneath Eagle Road and we stop right at their corner. We are on the south side, so basically we will be within 50 feet of their boundary. The second leg of the sewer branches south and goes out Leslie Drive to Eagle Road, where we have another bore and the project terminates on the east side of Eagle Road right here. Like I said, we are on target for breaking ground the first part of November and all of our easements are in place and we are just getting things lined up. Zaremba: Elevations and depths are all such that it's gravity? Freckleton: We are -- at this location here we are 15 to 20 feet deep, so I don't see any problem being able to gravity sewer this corner. Mathes: What's the estimated time frame? Freckleton: You know, I'm not sure, Commissioner Mathes. Borup: If they are starting the first part of November, are they intending to be done before -- Freckleton: It will be spring. Yes. Borup: Before the water table is up, I assume? Freckleton: Oh, yes. Yes. Meridian Planning & Zoning September 19, 2002 Page 64 of 96 Borup: Is that what they are trying to do? Freckleton: Yes. And, you know, we do water main, like you said, it runs right down Ustick Road right across the southern frontage of the property to the Summers parcel. Borup: Any other questions from the Commission? Becky, have you got anything else you would like to add? Bowcutt: Just a little bit. Becky Bowcutt, 1100 East Vali-Hi, Eagle. This issue has been around forever. The first letters written to Mr. Caven date clear back to 1991. I was an employ of Ada county. That was when this area was in no man's land and the City of Boise and the City of Meridian were arguing over who should take this area in and who could best provide services. The City of Boise ended up taking the property further north on Eagle Road, even lopping over onto the west side of Eagle Road up by McMillan. I did the area impact change application at Boise, Meridian, Ada County, for that whole - most of that area back in, I think, the mid '90s. When the city took this property in, a letter was written January 23rd, 1991, by Mayor Kingsford at the time, stating that - I will quote: It is the consensus of this Mayor and Council of the City of Meridian that if in the future those property owners desire to petition the City of Meridian to have the impact area boundary changed in this vicinity, there would be no objection. However, this change would be at the property owner's expense. A letter was also written by the county commissioners basically stating the same, that they would have their choice, if, in the event that Meridian could not provide services, because at that time Boise was far closer to these parcels than the City of Meridian. I went before the City Council on March 12th as a discussion item. Mr. Caven, has been trying to get out of the impact area for I think probably about four or five years now. Bruce might correct me. I worked on it when I was at Briggs also. At that time we were told absolutely not and many promises were made to Mr. Caven that that sewer would be there within six months, three months, eight months and those time frames came and went. Finally, I went -- well, I went to the Council March 12th. The Council said, you know, we jerked you around long enough. If you want out, we will let you out. You're the only property north of Ustick, east of Eagle, you're kind of an odd duck, if you want - if you want to leave the impact area and go to Boise, that's fine. In 1998 Mr. Caven paid Briggs Engineering to design sewer and water services to that property from United Water and the City of Boise. So there are United Water and Boise City Services at its northwest corner and that was prior to the Eagle rebuild, because if he had any opportunity to get out, once that Eagle Road was built he couldn't get out services, the services would be further north. I understand staffs position. They have always been of the opinion that they disagree with this property being let go to the City of Boise. I agree with staff that the sewer will be coming November 1. It can service this property. The original sewer plan indicated that it could not and we had that analyzed two years ago, but now that it's 15, 20 feet deep, I believe it can sewer. This is basically a decision of the City Council. So that's alii have to say. Thank you. Borup: Thank you. That's kind of what I was thinking, too. That's up to the City Council. If we don't have any other testimony - Meridian Planning & Zoning September 19, 2002 Page 65 of 96 Zaremba: Close the Public Hearing? I move we close the Public Hearing on Item 11. Mathes: Second. Borup: Do we need some discussion or do you want to make a motion? Zaremba: I made a motion to close the Public Hearing. Borup: I'm sorry. All in favor? Motion and second to close the Public Hearing. All in favor? Thank you. MOTION CARRIED: ALL AYES. Borup: Do you have a motion, Leslie? Zaremba: I have some discussion. Borup: Okay. Let's go through discussion. Zaremba: I agree that the City Council is the final arbiter and I'm ready to pass this onto them. However, I am of the strong opinion that commercial properties are important to Meridian. This is not a small piece of commercial property, a fairly large piece. Within a reasonable amount of time we would be able to provide the services that they require. The City Council certainly can make their decision, but independent of staff, I feel the same way that staff does, as a result of their thinking, my thinking came out to the same result, even though recently we gave up a small piece of residential property, I don't see giving up a large piece of commercial property and with that discussion, if there is no further discussion, I would make a motion. Mathes: Okay. I would make a motion to deny MI 02-005, request for change of area of impact by Mike Caven, Caven, Incorporated, for 36.94 acres located at the northeast corner of North Eagle Road and East Ustick, including all staff comments, dated September 12th. Zaremba: I second that. Borup: Motion and second. All in favor? MOTION CARRIED: ALL AYES. Item 12: Tabled Public Hearing from September 5, 2002: AZ 02-016 Request for annexation and zoning of 42.72 acres from RUT to R-B zones for proposed Sundance Place Subdivision by G.L. Voigt Development - east of North Meridian Road and north of East Ustick Road: