HomeMy WebLinkAbout2003 03-04
Meridian City Council Meeting March 4, 2003
The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., on
Tuesday, March 4, 2003, by Mayor Robert Corrie.
Members Present: William Nary, Tammy de Weerd, Keith Bird, and Cherie
McCandless.
Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Mike
Worley, Dean Willis, and Will Berg
Item 1. Roll call Attendance:
__X Tammy de Weerd _ X__ Bill Nary
__X Cherie McCandless __X Keith Bird
___X__ Mayor Robert Corrie
Corrie: All right. I will open the Meridian City Council Regular Meeting Tuesday, March
4, 2003, at 7:00 P.M. in the City Council Chambers. At this time, I'd like to have the City
Clerk give roll call attendance, please.
Item 2. Adoption of the Agenda:
Corrie: Thank you. Item Number 2 is the adoption of the agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: We do have some changes on the agenda. I believe Item Numbers 16, 17, 18,
and 19, Public Hearings for the Silverleaf Subdivision for the annexation and zoning, the
denial of Preliminary Plat, and the Preliminary Plat approval. The Variance, would like
to be -- they would like that continued to April 15, 2003, and on the Consent Agenda,
Item G, has been asked to be pulled off the -- on the Regular Agenda as 5-G. With that,
I don't know if there is anything else.
Corrie: I have one on the Department Reports, appointment to the Parks and
Recreation, two names.
Bird: That's an add?
Corrie: That's an add.
Bird: Yes. Add the Department Reports, Mayor. Okay. If there are no others, with that
I would make a motion that we adopt the agenda with the noted changes.
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March 4, 2003
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Nary: Second.
Corrie: Motion has been made and seconded to adopt the agenda as corrected. Any
further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes.
Motion carried.
MOTION CARRIED: ALL AYES.
Item 3. Consent Agenda:
A. January 14, 2003
Approve minutes of City Council Regular
Meeting:
B. February 11, 2003
Approve minutes of City Council Regular
Meeting:
C. February 11, 2003
Approve minutes of Pre-Council Meeting:
D. February 18, 2003
Approve minutes of City Council Regular
Meeting:
E. Findings of Fact and Conclusions of Law for Approval: VAR
03-002
Request for a Variance to allow a one year Time
Baltic Place Subdivision
Extension for filing the Final Plat for by
Pinnacle Engineers, Inc., for LC Development, Inc. – south of East
Franklin Road, west of South Locust Grove Road:
F. Findings of Fact and Conclusions of Law for Approval: AZ 02-
027
Request for zoning boundary modification of R-40 and C-C
Locust Grove Place
zones on 11.76 acres for proposed
Subdivision
by Wardle and Associates – west of North Locust
Grove Road and south of East Fairview Avenue:
H. Findings of Fact and Conclusions of Law for Approval: CUP
02-041
Request for a Conditional Use Permit for a Planned
Development for 74 townhouses and 2 office/commercial lots on
Locust Grove Place Subdivision
11.76 acres for proposed by
Wardle and Associates – west of North Locust Grove Road and
south of East Fairview Avenue:
I. 2003 Sewer Cleaning Project – Award Bid:
J. 2003 Touchmark Crossing Water Main Extension – Award Bid:
K. Change Order No. 1 White Drain Sewer Trunk Project:
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March 4, 2003
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L. Sanitary Sewer Easement – Jim and Shirley Cobble (for
Tuscany Lakes Subdivision)
M. Approve Bills:
Corrie: Item 3 is the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move -- well, we -- I better take Item G, we moved to regular Item 5-G on the
Regular Agenda and the rest of it I would move that we approve and for the Mayor to
sign and the Clerk to attest on the proper papers.
McCandless: Second.
Corrie: Excuse me. Motion has been made and seconded to approve the Consent
Agenda with moving Item 3-G to 5-A. Any further discussion? Hearing none, roll call
vote, Mr. Berg.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion is carried.
MOTION CARRIED: ALL AYES.
Item 4. Department Reports:
A. Public Work’s Department – Brad Watson:
1. Request for Sewer Service – Anthony Mahaty, 2075 West
Franklin Road:
Corrie: Department Reports, 4-A, Public Works Department. Brad Watson.
Watson: Thank you, Mr. Mayor and Council Members. You should have in your
packets a letter from a Richard Kartchner requesting connection to the city sewer
system, specifically, without annexation. This property is on the south side of Franklin
Road, west of Linder Road, directly across Franklin from the Sanitary Services site
being developed currently. They came to me a week or so ago requesting this very
specific ability to have only sewer service, no water service, and not to have to annex.
The ordinance allows the Public Works director to approve up to four equivalent
connections for residential use. They have stated that this will be a church project, so
that's why it is in front of you. I feel like I'm leaving out some facts, but if there are any
questions I'd be happy to answer those.
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March 4, 2003
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Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Brad, could you explain that to me again? You said they want to connect to the
sewer system, not the water system, or the other way around?
Watson: Council Member Nary -- or Council, that's exactly right. They only want to be
able to connect to sewer out to Franklin Road that was built as part of, I think, Caparelli
Subdivision.
Nary: But they don't want to be annexed now or agree to consent to annex when they
are contiguous to the city?
Watson: Councilman Nary, they are currently contiguous to the city. This is sort of an
unusual request.
Nary: Oh.
Watson: If anyone else did this, we would say, sure, submit an annexation application
and you can connect. This request came in, so -- because the Public Works Director
can't specifically deny something that is not residential, that's why it's before you.
Nary: And I'm looking at the letter that's submitted from Kartchner Engineering and I
guess I don't see anything in here that tells me why they don't want to consent to annex
so is somebody here for them that is going to explain that?
Watson: Councilman Nary, Mayor and Council Members, I don't see Mr. Kartchner. I
don't know anyone else associated with this project. I don't know that there was ever a
reason given to me in my phone conversations, even, other than they simply didn't want
to be within the city and were forging forward with an Ada county application.
Nary: When I look at this letter it says the owner would agree to annex into the city and
connect without the need for a lift station into this waste main in the future.
Watson: Right. That's the fact I was leaving out.
Nary: Oh.
Watson: This is in a different drainage area that doesn't actually gravity sewer to the
existing sewer. It would be part of the Black Cat system in the future. In order for them
to connect right now, they need a private on-site little pump station or septic pump or
something. Eventually, that property needs to sewer back into a line that would be
south of them and part of the Black Cat system.
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March 4, 2003
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Nary: So -- and maybe I'm just slow tonight, but -- so is this -- so is this -- basically what
they are saying is that they might consent to annex at some point in the future, but they
are not agreeing to annex now, since they are already contiguous, and that would be
different than what we have normally done in the past on these kinds of requests?
Watson: Councilman Nary, I think that's correct. It is different, because, like I said,
anything that's currently contiguous, they submit an application and that's how they get
the water and sewer service, unless there is some agreement or some other action the
last couple years that I'm not remembering.
Nary: Thank you.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Brad, I don't know -- when he mentioned temporarily connect, why just
temporary? Is it -- maybe I'm slow like Mr. Nary tonight. How can you temporarily
connect to a sewer system?
Watson: I believe, Council Member de Weerd that his meaning behind this is that he
would temporarily be pumping into this line in Franklin until the line south of the property
that it should properly drain to is constructed. That's how I have interpreted the letter. If
I could just back up a little bit? You know, I think there is one reason that they want to
connect to the sewer without annexing and it mostly has to do with the cost of a septic
system. I recall that coming up during our conversation, that it's much cheaper,
obviously, to put in a little grinder pump and pump into the sewer, than to construct a
septic system for a facility like this.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: So, are they proposing changes to the existing house to accommodate this
and -- I guess I don't understand why, if they are interested in annexing in the future,
why they just wouldn't annex now and is their intention to annex in the future when they
would connect to the appropriate line? What would trigger the annexation?
Watson: Council Member de Weerd, that's a good question. I don't know. I could take
some of these questions back and propose them in written form to the applicant and
see if they have a good answer for them and them to appear before you before you
make a decision.
De Weerd: Okay. That sounds like an excellent idea.
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Corrie: There are too many questions there that are going unanswered that I couldn't
make a decision. Well, Council, do you agree that we need to go back and talk a little
bit more on this? Okay. Brad, if you will do that.
Watson: I will. Thank you.
2. Appointment to Parks and Rec Committee.
Corrie: Thank you. The other item on the Department Report was my appointment to
the parks and rec committee. We had two openings in the parks and rec commission
and I would like to -- I think you all have the names there and they are -- what they are
doing. Two of them I would recommend would be H. R. Bud Porter and Andee
Stockton. Mr. Porter would -- his term would be up in January 2005 and Mrs. Stockton
st
would be up in 2004, January the 1. I would submit those two names for the Council to
consider and to approve, then, I will let them know.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve your nominations of H. R. Bud Porter to a term on
the Parks and Recreation Commission and also for Andee Stockton to a position on the
Parks and Recreation Commission.
De Weerd: Second.
Corrie: Motion has been made and seconded to approve the Mayor's appointment to
the Parks and Rec Committee. Any further discussion? All those in favor say aye.
Opposed no? All ayes. Motion carried. I'll let them know in the morning, then. Thank
you.
MOTION CARRIED: ALL AYES.
Item 5. (Items Moved from Consent Agenda
)
G. Findings of Fact and Conclusions of Law for Approval: PP 02-
026
Request for Preliminary Plat approval of 74 building lots and
11 other lots on 11.76 acres in proposed R-40 and C-C zones for
Locust Grove Place Subdivision
proposed by Wardle and
Associates – west of North Locust Grove Road and south of East
Fairview Avenue:
Corrie: Item Number 5 is moved from the Consent Agenda, which was Item G, and this
is the Findings of Facts and Conclusions of Law for approval of the Preliminary Plat
approval of 74 building lots and 11 other lots on 11.76 acres in a proposed R-40 and C-
C zone for the proposed Locust Grove Place Subdivision. At this time, Brad.
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Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. I requested that this
item be put onto the Regular Agenda after reviewing the condition that dealt with the
pathway along the Jackson on this -- the north side of this Locust Grove Place
townhouse project. I felt that the wording was difficult to understand, as well as there
was a couple of other incorrect items that I wanted to clean up. I did give you tonight
just those two paragraphs that I was referring to, 2-A-1 on Page 4 is dealing with the
Jackson drain pathway. That center -- let's see. The second sentence said the
property owner to the east of Locust Grove will work to continue the path extension
when property is developed. That sentence is placing a condition on L.C. Development
Corporation for property that he does not own or have any control over. Then, the
second sentence after that, then, is the city further requires the pathway be paved after
it is deeded and, then, I have just recommended a cleaner wording there on the last
sentence. Then, that last item, Preliminary Plat, 6-1 on Page 5, is just cleaning up the
lot numbers from 9 through 12. It should read two through 12. Wendy Kirkpatrick on
our staff did talk with Jonathan Wardle about this. He was in agreement. We also have
Scott Stanfield that has worked on the project to answer any questions, but I think we
are all in agreement in terms of staff and the developer, so if Council agrees, I'd just ask
that these be included in the findings.
Corrie: Any questions of Brad? Okay. Is the representative here?
Stanfield: Scott Stanfield. If you have any questions I would be glad to answer them.
Corrie: Come up here. It's hard for him to hear.
Stanfield: Scott Stanfield, Earl & Associates Engineering, 314 Badiola. Just here to
answer any questions you might have.
Corrie: Any questions?
Bird: I have none.
Corrie: All right. Thank you. Okay. Hearing no questions, Council, act on the request
for Final Plat approval of the -- excuse me. I'm sorry. I'm on the wrong page. Request
for Preliminary Plat of Locust Grove Place.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the Findings of Facts and Conclusions of Law for
approval of PP 02-026, request for Preliminary Plat approval of 74 building lots and 11
other lots on 11.76 acres in a proposed R-4 and C-C zones for proposed Locust Grove
Place Subdivision by Wardle and Associates, west of the North Locust Grove Road and
south of East Fairview Avenue. To include the Findings of Facts, specific -- site specific
comments done by our staff. There isn't a date on it, but it's Fact 2-A-1, page four, and
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for the Findings of Fact and the site specifics is page -- is 5-6-1, page five, and include
those in it.
De Weerd: Second.
Corrie: Motion has been made and seconded. Is there any further discussion? Hearing
none, roll call vote, Mr. Berg.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion is approved.
MOTION CARRIED: ALL AYES.
Item 6. Ordinance No. : Meridian Police Department
Rules and Policies:
Corrie: Item Number 6 is --
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Sorry to interrupt you. Item Number 6 we had asked -- we heard this last week
and asked that it be put on this week's agenda. There must have been some
communication problems, so it wasn't transmitted to the clerk timely and so -- and the
attorney that prepared this was out of town this week, so I should have done this earlier
and I didn't realize that it hadn't been transmitted, but I would ask that we simply
continue this item for a couple of weeks and, then, we will get to hear it properly like it
needs to be and --
Bird: Is that a motion?
Nary: Yes. I'd move that we continue this to March 18th.
Bird: Second.
Corrie: Okay. Motion has been made and seconded to move Item Number 6, the
ordinance Meridian Police Department Rules and Policies, until the 18th of March. Any
further discussion? All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 7. Continued Public Hearing from January 28, 2003: Comprehensive
Plan Text Amendments regarding Urban Services Policies in the
2002 Comprehensive Plan:
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March 4, 2003
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Corrie: Okay. Then, Item Number 7. This is a Continued Public Hearing from January
28th, 2003, Comprehensive Plan Text Amendments regarding Urban Services Policies
in the 2002 Comprehensive Plan. I will continue the Public Hearing at this time and
staff comments first.
Hawkins-Clark: Thank you, Mayor, Members of the Council. You should have received
a memo dated yesterday, March 3, from Mark Estess with Ada County Association of
Realtors regarding this item. As you may recall, the staff sent the proposed
modifications to the Urban Service language to BCA and ACAR asking their boards to
actually review and endorse the amendment to our Comprehensive Plan text. As Mark
states in his letter, Ada County Association of Realtors has reviewed it, they are
referring the city to the North Meridian Area Plan, which, as you know, has proposed
urban service policy language in it, much of which compliments and is similar to the
city's Comprehensive Plan, but there are a few changes and I did also receive a
message from John Eaton with BCA, who although he didn't send a letter in himself,
said that he concurred with Mark's letter in terms of their review of our policies. What
they are asking for is that the city consider holding off on this, essentially, until -- until
we can either meet at staff level with them to make this amendment more palatable and
consistent with the North Meridian Area Plan or wait until the North Meridian Area Plan
goes through. I guess, you know, this item has been continued for months now and I
don't know that there is enough issues from Planning and Zoning's staff perspective to
warrant holding this until we get through the complete North Meridian Area Plan
process. I think we are -- as you know, we have the Silvercreek Subdivision, Lee
Center's project, that you have heard a couple of times and he's going to be next -- on
next week's agenda. That's a project that is impacted by this policy of the city. From
staff's perspective, we are -- we'd just like time to review ACAR's letter and meet with
them again and come back to the Council with a little bit more refinement. Unless you
have questions, that's where we are standing right now.
Corrie: Brad, I would feel more comfortable if we had a letter from John Eaton as well,
rather than just his word that he approves. We need it on paper, so there can be no
misunderstanding down the line. I agree, that we need to do it as quickly as possible.
Council, any questions?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess this has been kind of my issue. I should address it. We just got this
today, so I haven't really had a chance to look at it either, but would appreciate a little bit
further information from staff once you have a chance to talk with them further. In
looking at the proposed language in the North Meridian Area Plan, I think it's more
closely aligned to what we have had in the Comprehensive Plan in the past. It really
achieves the goals that have been discussed during the Comprehensive Plan Public
Hearings, as well as it's more in line to, I think, what staff -- staff's concerns and
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March 4, 2003
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certainly my concerns have been. This is definitely a step in the right direction, but I
would like to have our staff have the opportunity to comment back and maybe we can
continue it for another week. Is that going to give you enough time, Brad? I do, as well,
think that this is very important that we move it a little bit quicker than it's been going, so
--
Nary: Mr. Mayor?
Corrie: I think there is --
Nary: Oh. I'm sorry.
Hawkins-Clark: Mr. Mayor, Council, I was just conferring with Public Works, with Brad
Watson. I think we -- since there are, you know, a few disagreements and we probably
won't come to full agreement, to be honest with you, in terms staff and as he says in his
letter that our proposal was unacceptable to them, so -- but I think we would prefer two
weeks to really work that out.
De Weerd: Okay.
Corrie: The 18th?
De Weerd: So the 18th?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I guess part of my -- more of a process question as well. Since what we have is
a recommendation from the Planning and Zoning Commission, basically to leave the
language as it is, and I'm encouraged by the Association of Realtors suggestion of
looking at the North Meridian Plan policies, does it really need to go back to the
Planning and Zoning Commission instead, rather than coming back here in two weeks,
since we are -- since basically we are going to ignore -- we may ignore their
recommendation entirely of leaving it alone. Should it process wise go back there or is
it fine just to leave it here? I just don't know.
Corrie: Comments? Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, I think the Planning Commission, if I recall
correctly, had staff's recommended language, if I remember right, and voted to stick with
what they had proposed before. I don't think that we are talking about something that
has to go back again. Essentially, you have to make the final decision anyway and if
there is alternative language -- I mean they are all within the same ambit, it's not like
anything is a huge change, so -- and particularly when you look at what the language
used to be. I would -- my opinion would be that you can go ahead and continue this for
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March 4, 2003
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two weeks, an opportunity for staff and any other interested parties to be able to put
their positions out there and, then, we can think of what it is you want the policy to be.
Nary: Thank you.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I believe we have had the conversation on whether it should go back to
Planning and Zoning or not. I believe in the Planning and Zoning discussions, since
they had not dealt with some of the area of impact issues like Powder River and
Westborough. That they were not aware of why the current language that we have in
the Comprehensive Plan right now did not meet the needs and did not have the
knowledge of the background and so they did want it to just come back up here and
have the conversation at this level. I think they fully understood it was a little bit above
what they have had in front of them.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I guess so -- I was only concerned about process, I wasn't concerned about
whether or not they changed it, I just wanted to make sure that we were properly doing
that, but I agree with what was said, I do believe it's just a recommendation from them
and we agree with it a little differently, so that's just --
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move we continue the Public Hearing for the Comprehensive Plan Text
Amendment regarding Urban Services Policies in the 2002 Comprehensive Plan to
March 18th, 2003.
Corrie: Before I hear a second, is there anyone in the public that wants to issue
testimony tonight on this? Okay. I will take a second.
Nary: Second.
De Weerd: Second.
Corrie: Okay. Motion has been made and seconded, then, that we continue the Public
Hearing, Urban Services Policies, until the March 18th, 2003. Any further discussion?
All those in favor say aye. All ayes. Motion carried to the 18th.
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March 4, 2003
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MOTION CARRIED: ALL AYES.
Item 8. Continued Public Hearing from February 25, 2003: PP 02-028
Request for Preliminary Plat approval of 7 building lots and 1 other lot on
Gemtone Center Subdivision No. 5
12.081 acres in an I-L zone for
(formerly known as No. 4)
by Thomas T. Wright – west of North Eagle
Road and west of East Pine Avenue:
Corrie: Item Number 8, a Continued Public Hearing from February the 25th, 2003. This
is a request for a Preliminary Plat approval of seven building lots and one other lot on
12.081 acres in an I-L zone for Gemtone Center Subdivision Number 5, formerly known
as Number 4, by Thomas T. Wright, west of the North Eagle Road and west of Eagle --
East Pine Avenue. At this time, I will continue the Public Hearing and invite staff's
comments first.
Hawkins-Clark: Thank you, Mayor, Members of the Council. This item has been
continued twice, I believe, on your agenda, but since the applicant was in a process of
reviewing a couple of alignment issues with Commercial, I don't believe that you have
seen the presentation, so I'll just quickly highlight the Preliminary Plat that we are talking
about. It is Gemtone Subdivision Number 5. It's a small phase. Eagle Road is off the
screen here on the right-hand side, but Pine Avenue, as you know, now has a signal at
the intersection of Pine and Eagle. Commercial Court is a private street. It was part of
Elixir Subdivision, which is here to the east. Commercial Street is private, so it's not
showing on this Ada county base map data, but it does extend more or less along the
north boundary of these lots shown here on the south side. Union Pacific Railroad has
the right of way to the south of this project. Commercial Street public extends from the
west and stubs into this southerly lot. The existing four phases of Gemtone Subdivision
are here to the north and to the northeast. Here is an aerial photograph of the area we
are talking about. The curb here is an abandoned rail spur, railroad spur, that creates
that -- it chokes down to about a 50 foot wide strip here and, then, they have purchased
-- acquired this lot here on the south end. It is currently vacant ground. Here is a copy
of the plat that is -- was originally submitted to the Planning and Zoning Department in
process. The reason it's been continued is largely oriented around the extension of
Commercial here on the south side and the city -- city staff comments were responded
to by Becky Bowcutt, which is dated yesterday, March 3rd, and we have -- they are in
agreement with all of our conditions, so I won't go into most of the conditions that we
have proposed, with the exception of the issue of the alignment of Commercial. The
initial survey did show the private street to be in an incorrect location, as I understand it.
It's -- the street is slightly to the north of where it was originally shown, so the engineer
was having difficulty getting the geometry to work on the alignment of the center line of
these two streets. You should have received I think -- yes -- an amended plat that
shows the proposed new intersection. I can let the representative go into a little bit
more detail on that, but, essentially, they are proposing to move this intersection that
was shown to be -- this Machine Avenue is currently right of way that is deeded to the
Highway District as a stub that would extend up to Pine eventually. At this point now
they have proposed to have the traffic move east, they would go up Machine
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approximately 120 feet and, then, there would be a new intersection constructed here
that would allow future connectivity between the Elixir project and Machine Avenue and,
then, be able to continue out to Nola. I did also receive a written letter from Christy
Richardson at Ada County Highway District. They have reviewed this new design and
they are in agreement that the Commercial Street could be constructed on the east side
of Machine Avenue 125 feet north of the existing Commercial Street. So the Highway
District has reviewed this revised plat as well. I think -- I think those are the main -- the
main highlights. The triangular shaped lot is actually a buildable lot. Of course, it would
primarily be here at the north end in terms of a building. Then, because Machine
Avenue -- assuming that it would go to a future full Commercial to extend up to Pine,
they are talking about another four feet that would be for future right of way on the
Gemtone Subdivision Number 5 plat and, then, a nonbuildable area, essentially, would
be here in this tapered area. Like I said, the -- with the exception of a change that was -
- it was a correction that Becky had suggested, there with a reference to Settler's
rd
Irrigation District on Page 2 of her March 3 memo, which staff is in agreement with, I
think just -- we are recommending approval with those changes.
Corrie: Thank you, Brad. Questions for Brad?
Bird: I have none.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Brad, maybe this is better for Becky as well, but on this -- basically, the only one
that's of significance here is this one of the Ada County Highway District condition and
we don't have any specific written return from them saying this is what they agree to or
we are going to end up in some dispute at some point in the future if we simply amend it
saying comply with Ada county and we don't have anything other than this statement
from -- on this specifically as to this offset and roadway construction and all that?
Hawkins-Clark: Mayor, Councilman Nary, are you referring from the Highway District?
Nary: Right. The Highway District specifically.
Hawkins-Clark: Yes.
Nary: So are we going to --
Hawkins-Clark: I do have something in writing from the Highway District tonight.
Nary: Oh. Okay. Great. Do we have it or we don't have it? Just you have it? Okay.
But it does comply with what's in the --
Hawkins-Clark: It does.
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Nary: Okay. Great. Thank you.
Corrie: Any other questions? Mr. Nichols.
Nichols: Brad, we have a brand new plat with a new date and so forth that has to be
referenced in these documents.
Hawkins-Clark: Yes, we do.
Nichols: Okay.
Hawkins-Clark: It is today's date. The revision is today's date, 3/04/03.
Nichols: Thank you.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess this is just now in front of us, so I'm trying to digest it and it's new
information that's being introduced today. I just don't know if -- I know staff has a
comfort level in it, but I'd like to understand, I guess, a little bit more about why this road
is moving and I know you tried to explain it to us, but I think Council has tried to
maintain some consistency on information that is provided to us in our packet and new
information to not make decisions on them on the day that we get it. I guess I would
take issue with getting this new information right before the meeting -- or, actually,
during the meeting.
Corrie: Any other comments? Becky? I think you know where we going, don't you?
Okay.
McKay: Becky McKay, 150 East Aikens, Suite B, Eagle. New office address.
Corrie: Is the testimony you are about to give the truth, the whole truth and nothing but
the truth, so help you God?
McKay: Yes, it is, sir.
Corrie: And new name.
McKay: Well, yes. I'm representing the applicant on this development. This has been
approved in this simpler configuration as a Preliminary Plat in the past. We received
some time extensions from this body. I think we even received a Variance and
exhausted all of our ability to extend the original Preliminary Plat. It was the previous
planning director's determination that it was best we resubmit a new Preliminary Plat
Meridian City Council
March 4, 2003
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and get everything fresh and approved. The problem that occurred is the issue of
Commercial Street. Ada County Highway District did not require that we make any
connection from East Commercial Street, which is a public portion, to the portion on
Elixir's property that is private. As you well know, this body made a determination when
they came through at the Preliminary Plat to make that section of Commercial public.
Then, this body at a later date rescinded that condition and stated that they could
remain private. It was your staff's determination that at some point in time we should
provide a provision to make a connection from the public portion of Commercial to the
private portion of Commercial in the event that the private portion ever became public.
Ada County Highway District, in their conditions of approval, stated if the City of
Meridian requires Commercial Street to be extended as a public street to Machine
Avenue, then, the applicant shall construct Commercial as a 40 foot street section and a
54 foot right of way. It was not a condition of ACHD's. We deferred this and your staff
was well aware of it when we sent survey crews out to locate the location of that new
private street and the new private street was thought to be located further south than it
is in reality and what transpired -- I mean it's further north than it is in the field. What
transpired is we thought it was located right here, so we would swing this down and
build Commercial through us and make this intersection work. The private road was not
built there. The field location is to its north, so we can't -- I can't make this intersection
work. The private road stops right here. It's too close. I can't make it work. We met --
we asked for deferral of this body -- and your staff was aware of that -- to meet with
ACHD to work on the geometry of the intersection. What we came up with was the best
solution is to offset intersection and ACHD said -- we met with their traffic engineer and
they said it makes more sense that if Commercial -- this private section of Commercial
every became public, we would provide -- we build this new intersection 125 feet north
of East Commercial, the public portion, and, then, they would have to construct this
portion to swing it up and intersect. What we are doing is trying to fix a problem that we
didn't create and I don't think we should be penalized for it. I mean this is an
engineering and geometry issue based on the way an unrelated parcel has constructed
a private road that originally was intended to be public. We are providing that avenue
so that there could be connection in the future to Machine Avenue. We are improving
our portion of Machine, because it's only half plus 12, with no curb, gutter, or sidewalk
on our side. We are adding four foot of right of way to Machine Drive where you see
that little stub going north. Then, what the Planning and Zoning Commission asked of
us and we agreed to, is in the event Machine Drive is ever extended north through that
property that's not part of us and connects to Pine, if a building were built on that
property, that irregular parcel there, they wanted us to have a 20 foot setback. We
would be in compliance with a flanking street setback. On the plat, we provided a 20-
foot landscape easement along that corridor. Everything else that's on this plat is
identical to what was already previously approved by this body. We already have
approved construction plans from the Highway District from the City of Meridian for
everything up there on State and Pine and whatever other street we have up there.
Hickory Avenue. What we were working on was trying to comply with your staff's
wishes to make a new intersection down there at East Commercial and that's when the
problem was detected in the field. We are in agreement with your staff. We have no
complaints. I gave an explanation of how we solved our problem. ACHD has faxed
Meridian City Council
March 4, 2003
Page 16 of 51
over a letter -- or e-mailed a letter to Brad stating that they are in agreement. The only
thing that I could find in the document prepared by the city attorney was that Settler's
comments were messed up and referenced some other property, because they talked
about the Settler's main canal, the Coleman Lateral and some other lateral, which are
not on this property so laterals are located miles north of this property. They also talked
about no discharge of storm drainage into their facilities. Our facility is the Jackson -- is
a ditch that leads to the Jackson Drain and we already have an agreement, a license
agreement with Nampa-Meridian to discharge. Other than that, this is pretty cut and dry
and I think everything is in agreement.
Corrie: Becky, when did you know that this change was coming?
McKay: I met with the Highway District last Friday was the earliest I could get with
them, sir, and so that's why -- and I was of out town until yesterday afternoon. That's
why that -- the lateness of that revision. I have kept your staff informed of everything
that was going on and how we were attempting to solve that intersection issue.
Corrie: Well, one of the things that we are -- and I will say it for them, if they don't want
to, is when we get information like this just before we start the meeting, we pretty well
understand that why are we getting it now, we haven't had time to look at it.
McKay: Yes, sir.
Corrie: And my recommendation to the Council would be take another week to look at
this and maybe we can get everybody to agree to give it to us before the night of the
Council meeting, because I can't read that fast and I know if it came to a two and two
tie, I would delay it a week anyway, so --
McKay: Yes, sir.
Corrie: -- I don't need to kill the messenger, but we need to make the message loud
and clear that we are not going to be receiving things the night of the meeting. The
Council may have a different idea than I do, but -- I don't know, but we just don't have
time to read these.
McKay: Understood.
Corrie: And that's my point, so --
McKay: Yes. Well, we try our best in advance, but when we are dealing with other
agencies or sometimes we are dealing with the applicant, they won't let us send those
to the city until they have reviewed them, so sometimes we are at the last minute. Your
message is loud and clear and I will inform my clients that they will haven to expedite
their reviews.
Corrie: Thank you for understanding, Becky. Any questions?
Meridian City Council
March 4, 2003
Page 17 of 51
Bird: I have none.
Corrie: Okay. Thank you.
McKay: Thank you.
Corrie: Is there anyone else that would like to issue testimony at this time? Okay.
Council?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I would concur with your statements about trying to get this information prior to
the beginning of the meeting. It is awfully cumbersome, but I guess in this particular
one, even though we are getting all the information prior to the meeting, all of the
information is everybody agrees. You know, this doesn't, at least to me, concern me as
much as some of these other ones that we have had those, because, again, it is not a
dispute, it's not us trying to figure out which party wants something or not. I mean this is
really, I think, in deference to Ms. McKay, a very difficult problem that sounds like it's
been very difficult to resolve. Ultimately, the bottom line is that his document says
everybody agrees to it, the Highway District agrees to it, they agree to all the staff
comments, they agree to all the recommendations that we were on the record from the
Planning and Zoning Commission and this is the only little piece that was to be resolved
and that was resolved. I guess I don't have particular concerns on this one, unless
everyone else does, but I think this is one where that's what we want, we want them to
come here and say everybody agreed to it.
Corrie: Thank you, Mr. Nary. Any comments?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess the private-public road issue is -- that still, apparently, hasn't been
resolved and whatever decision we make tonight is going to impact that and having the
access out into Eagle from the businesses that are located on -- on some of these -- in
some of these -- in some of these roads and I just -- ACHD doesn't care if this is public
or private, we have had testimony that does care that this is -- this is public and so I'm --
even though we have an ACHD representative here, I'm not really confident that we
have really considered all of this and how it connects and -- I guess one thing this does
allow, if it does go public, it has the appropriate connection, but it's just -- the way to
connect it, it just doesn't look like it flows very well for traffic. I guess you don't really
want that access out to Eagle to be easy anyway. Needless to say, I'm not really sure
what my point is, but this road has just been an ugly experience.
Meridian City Council
March 4, 2003
Page 18 of 51
McKay: Becky McKay. Mr. Mayor, Councilwoman de Weerd, we discussed that at the
Highway District and we brought in Kendall, their traffic engineer, and Christy and
myself, and they determined in looking at the overall vicinity and area map that an off-
set of that intersection would probably be better than a straight alignment if that section
ever did go public. They said it would make more sense and probably the safety of this
intersection would be better. They thought that this was a superior idea than trying to
make it all a straight line and it's just -- the way the private road has been built, it won't
work, not with the geometry of the existing public section. Whether it is ever public or
private, we are providing that option for an ACHD -- an intersection that meets ACHD
standards. It may never ever go public, but, still, that option is there for that connection,
so we are not closing the door. I think that's what your staff was looking at, because if
they didn't take that opportunity here, there would never be a connection to Machine or
to Pine and linking all these roadway networks. Thank you.
De Weerd: That made it a lot clearer.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Yes. I think the question that you're raising is not a question that this property
owner has. I mean I think you have raised the exact problem in this area is that private
roadway, but they can't fix that, all they can do is fix it on their property and I think that's
all they have tried to do, just address it and, then, that other private section may not
happen in the immediate future, but when it does, then, this will be connected the best
we can.
De Weerd: Well -- and the alignment makes a lot more sense, too.
Nary: Yes.
De Weerd: Okay.
Hawkins-Clark: Mr. Mayor?
Corrie: Brad.
Hawkins-Clark: If I could just also point out that if the Council adopts the
recommendation from the Planning and Zoning Commission as it's written, which
includes the ACHD commission condition, the ACHD's current condition says they have
to construct a barricade -- Jersey barriers at the east terminus of this intersection that
we are talking about, so there would be no opportunity for vehicular connection until this
whole issue, as Councilman Nary pointed out, is resolved with the private portion of
Commercial right now.
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March 4, 2003
Page 19 of 51
Corrie: Okay.
De Weerd: I have nothing further.
Corrie: Well, do you want to continue it or close the Public Hearing?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move we close the Public Hearing.
Nary: Second.
Corrie: Okay. Motion made and seconded to close the Public Hearing. Any further
discussion? All those in favor of the motion say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Corrie: Discussion on the request for Preliminary Plat? Further discussion? Okay.
Then, I will entertain a motion on the request for Preliminary Plat.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I would move the approval of PP 02-028, request for Preliminary Plat approval of
seven building lots and one other lot on 12.081 acres in an I-L zone for Gemtone Center
Subdivision Number 5, formerly, known as Number 4, by Thomas T. Wright, west of
North Eagle Road and west of East Pine Avenue. To include all staff comments, the
recommendation of the Planning and Zoning Commission. In addition, with the
Preliminary Plat submitted dated today from the applicant, as well as the comments
included from the applicant. As well as the addendum from the Ada County Highway
District of site specific condition of approval -- site specific condition of approval Number
1 from Ada county. Including the current letter received by the Planning and Zoning
Commission with the amendment regarding the offset roadway along Commercial and
Machine, for counsel to prepare Findings of Facts and Conclusions of Law and Decision
and Order.
De Weerd: Second.
Corrie: Okay. Motion has been made and seconded to accept the Preliminary Plat with
the conditions stated in the motion. Any further discussion?
De Weerd: Mr. Mayor?
Meridian City Council
March 4, 2003
Page 20 of 51
Corrie: Mrs. de Weerd.
De Weerd: I guess just as a point before I vote. I will vote for the support of this, but I
do really think that we need to draw a line in the sand somewhere on trying to digest
this as we are hearing it and that we have this information in our packet and if we keep
making exceptions, we will never see a change. Tonight I guess you're just going to
have to set -- and realize after tonight, anything not in our pocket we will not consider. It
just makes it too cumbersome with the information and trying to consider all the different
facts.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: And I'm not going to disagree with Councilwoman de Weerd. As I said, I think in
this particular case everyone is in agreement and that's exactly what we want. I do not
agree that it's even after tonight, I'd say after this one. This may not be -- this may be it
of having to wait and get this information at the last moment, but --
Corrie: Okay. Any further discussion? Okay. Mr. Berg, roll call vote. Please.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion for Preliminary Plat is approved.
MOTION CARRIED: ALL AYES.
Item 9. FP 03-010
Request for Final Plat approval of 34 building lots and 16 other
Bonito Subdivision
lots on 82.9 acres in C-C and C-G zones for by W.H.
Moore Company – southeast corner of Eagle and Overland Roads:
Corrie: Now Item Number 9. This is a request for a Final Plat approval of 34 building
lots and 16 other lots on 82.9 acres in a C-C and C-G zones for Benito Subdivision by
W.H. Moore Company, the southeast corner of Eagle and Overland Road. Comments
from staff first.
Hawkins-Clark: Thank you, Mayor, Members of the Council. This Final Plat application
is for the southwest corner of Eagle Road and Overland Road. It was approved with a
Preliminary Plat, annexation and zoning, and planned development under the name El
Dorado. The Silverstone Subdivision is immediately adjacent to the east. The
Thousand Springs Subdivision and the Ridenbaugh Canal abut the south boundary.
There is currently Ada county property owned by Mr. Van Auker, as well as the
Resolution Subdivision here to the west. They are coming through right now with a full
plat, Final Plat application. This was not a phased project. They are proposing to Final
Plat the entire 82.9 acres at this point in time. The Final Plat is in substantial
conformance with Preliminary Plat that was held. There is one public street connection
Meridian City Council
March 4, 2003
Page 21 of 51
built -- or it would be built to a commercial standard that abuts more less the center of
their property. Again, we are talking about a half-mile project from Overland down to
the Ridenbaugh, more or less, so this would be about a quarter mile south of Overland
and would be a stub to this unplatted piece to the west. They do have a collector
roadway that is taking access here in alignment with Silverstone across the street and
that does serve the entire project. They have received approval through the Public
Works, building, and Planning and Zoning Departments for a single Building Permit out
on the property at this time. Typically, we do allow, if there is an existing legal parcel,
we typically allow them to pull one Building Permit prior to the plat actually being
recorded, and that is what they have requested approval for. Their building that they
have got a permit for is located more or less in the center of the project, taking access
off of Eagle Road. The Fire Department has reviewed the grade and the road system.
They feel that that's adequate, as long as fire suppression methods are in place out
there. That was also approved as a part of the Preliminary Plat. That single building.
thth
You should have a memo dated March 4. It's dated March 4. I believe it was – yes.
th
It's received by the city clerk's office February 28. In light of the previous item, I should
point out that -- that we also have received information late on this project, so I just want
to point that out. The applicant received our staff report there on February 28th last
week. There was a discussion held this morning at our office with Dave McKinnon and
written comment received later this afternoon from Mr. Jonathan Seel. The main issue I
guess to point out from staff's perspective on this, there is a public pathway that was
approved that is along the north boundary of the Ridenbaugh Canal and the
requirement was for that pathway, which meanders here on the backside of these six or
seven lots here to be within an easement that is in favor of the City of Meridian and
would go to serve the Kiwanis Park area, as well as Mountain View High School.
Ultimately, that path would continue and serve the high school. That portion is within a
public easement. Since it is a planned development, one of their amenities was to
provide an internal pathway system that, then, continues up here along their boundary --
along their west boundary and circulates within the project. That is one of the main
points that we raised in our staff report about how that internal jogging path that's being
networked, although that portion is private, the portion along the Ridenbaugh is public,
but the rest would be private and not dedicated. We still are asking for that to be within
an easement and that was addressed in our condition number six and seven on page
two of our memo. I guess I'd like to ask if Mayor and Council would like me to continue
with the memo that we received today from Jonathan Seel or if you would, in light of the
last item, like me to hold off and receive input from you later.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I'd like to see us go ahead with it. We worked on the one before we can certainly
work on this one.
Hawkins-Clark: Okay. Thank you. The memo that we received from Mr. Seel today
addresses -- let's see. Item Number 4, Item Number 6, Item Number 7, 8, and 13. Staff
Meridian City Council
March 4, 2003
Page 22 of 51
has had an opportunity to review this. The item on Number 4 that the applicant's
proposing to strike the standard city requirement that the pressurized irrigation system
be approved prior to Building Permits, the drainage lots we agree with striking, because
there are no drainage lots, it is all sub surface in this case. Staff does not agree with
the strike out that says approved -- they are proposing to strike out approved by the Ada
County Highway District, the road base acceptable for fire and emergency equipment,
approved by the Ada County Highway District. We, really, as a city staff, are not
equipped to test those road surfaces and so we have just always wanted those to be to
ACHD standards and not have to go out and test those ourselves. So, we would
disagree with that strike out. The addition that he's proposing on number four is this
condition excludes the first Building Permit, which was approved by Meridian City
Council under the Preliminary Plat. This first permit was granted for the existing legal
lot and I think I referred to that, so that's -- that's an agreeable addition. That second
paragraph under Item Number 4, all development improvements shall be installed and
approved prior obtaining certificates of occupancy. I would suggest adding of the
second building, except for those items that could be bonded for, including, but not
limited to, landscaping and pressurized irrigation. Our standard ordinance is that the
bonding for commercial developments like this suffices for landscaping. We allow them
to get their CO's and move in, as long as we have some bonding. The pressurized
irrigation, typically, we want that in place when they occupy their -- when they get their
certificate of occupancy, so other than the first building, which we have no problem with,
for all the subsequent buildings we prefer that the pressurized irrigation be installed and
operational and not just bonded for. Item Number 5 is a clarification simply on the
Landscape Plans that we have approved for this project, the addition of sheets L-2, and
L-3 and we are in agreement with that. Just for clarification, the applicant is still in
agreement for constructing the Overland Road -- all of the Overland Road landscaping
and all of the Eagle Road landscaping, both of those are 30 foot -- 35 foot wide
landscape common lots and they are in agreement that those would be installed. The
clarification dealt with the internal landscaping within the roadways and on each
individual lot. Then, this Item Number 6 gets to the issue of the -- of the pathway within
the project and, as proposed here, the owner is to provide a permanent pedestrian
easement in favor of the City of Meridian, proposing to strike: Shall be added to the face
of the plat, that's previously depicted on the Preliminary Plat. They are proposing
instead of putting the easement on the face of the plat, to record an easement as a
separate easement document, and our preference is to put this clearly on the face of
the plat, so that future lot buyers, when they look at the plat, they know that there is an
easement that may affect their property, rather than having to trust the title search to
bring up the easement as a separately recorded document. We are asking for that to
be shown on the face of the plat, instead of a separate document. There is not a
difference as to whether or not they are going to construct this path. The main issue is
its exact location, as Jonathan points out in his memo. Our recommendation was for
that internal pathway that I referred to, to be completely constructed by the time 50
percent of this project is built. This was an issue that we -- frankly, just was an
oversight during the Preliminary Plat process. We didn't -- we didn't include discussion
or a condition about when that private system -- that private pathway system would
have to be constructed, so that's why we are having to deal with it now at the Final Plat
Meridian City Council
March 4, 2003
Page 23 of 51
stage. That's -- that's dwelt with there in Item Number 7, which Mr. Seel is proposing to
delete in its entirety and, then, he has a proposed alternative to that condition. The
pathway would be owned and maintained by the Bonita owners association and placed
within a ten-foot pedestrian easement. Again, the issue here is what is the timing and a
hammer for the city to insure that this -- that this internal amenity, the pathway, gets
built. As it's proposed here in Item Number 7, there really is not timing as to when that
would have to go completed, nor is there really anything that says that the city can point
to that says it has to be done. I think those are the two big issues on the pathway.
Then, Item Number 8 does deal with the sanitary water and sewer services and I'll let
Brad Watson speak to that.
Watson: Mayor and Council Members, the proposed revision in Mr. Seel's letter of
today to site specific comment number eight, I have never seen this particular comment
changed, but I don't think that the comment needs to be deleted. The only thing that I
can suggest is that the developer has indicated that he has already cooperated with
Sundance Development Company and the Silverstone project, as far as payment of
latecomer fees. I know I have a letter stating that they intended to do that. I don't have
documentation from Sundance Company themselves that these latecomer fees have
been paid. I guess my suggestion would be to add to condition number eight, if we
need to do that tonight, that -- the second to the last sentence. The applicant shall be
subject to latecomer fees to reimburse the parties responsible for bringing service into
the area. Unless documentation is provided showing direct payment to the original
parties has been made and the original party agrees in writing to release -- or to exempt
the applicant from those fees. I need to point out there is two latecomer fees this
property will be subject to, too, and I have no indication that the first latecomer
agreement has been satisfied by this developer, only an indication that perhaps the
second one has. On Item Number 13, pressurized irrigation system, it looks like we
have perhaps either a misunderstanding or a change in direction on the ownership of
the PI system. When they indicate that the PI is to be owned by an irrigation district, we
have a standard comment that we plug into all of these and I can read that verbatim
from another project to you tonight, if you so wish, or we can put that together as some
sort of a response memo. That's all I have, unless you want me to go ahead with
reading that statement into the record. That revised condition.
Corrie: Any other comments?
Bird: I have none.
Corrie: Okay. Thank you.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, with regard to the latecomer fees, since that's, essentially, an
agreement between the city and the developer that installed the facilities, we need to
Meridian City Council
March 4, 2003
Page 24 of 51
make sure that there is something in writing that acknowledges a payment toward the
amount of reimbursement that's set out in those agreements, so that everybody knows
exactly how much is left owing on that particular agreement as additional hook-ups are
made and additional payments are received from others.
Corrie: Okay. Jonathan.
Seel: Jonathan Seel. 600 North Steelhead, Boise, Idaho. Representing W. H. Moore
Company. First off, before I start with this, I'd just like to clarify something. I apologize
for getting this to you today. I was notified Friday afternoon that the staff report was
ready. I was out of the office. I was working. I picked it up Monday morning, I looked
though it, I met this Dave McKinnon this morning, which would be the first time that we
able to get together. We spent quite a bit of time and I went right back to the office, I
drafted a letter, and drove it directly over here. I did the best I could. I understand the
dilemma after listening to what you were saying to Becky kind of was hitting home there.
I just want to let you know that I was not trying to delay this and not saying it was
anybody's fault. Again, I apologize for it. I'd also like to say in all this our intent here, I
think you know with Winston Moore, is not to try to change things. All I'm simply trying to
do here is clarify things that I think are important. This is about a three and a half million
dollar project we are going to be starting this year and the last thing I want is some
small detail holding things up, because we maybe didn't address it here, so as a result
of that, I took the opportunity. Going through the items, number four -- and I'm not sure
I completely follow Brad. I'm sorry, maybe I was a little dense on that. All I'm trying to
say in number four is that first we do have the right to build the office building now,
which we have submitted. Number two, if we do have a suitable road, we do have
adequate fire protection and if the suitable road -- if you want ACHD to test it, we will
agree to that. ACHD told me they don't typically test the base, they sign off on the road,
but we can agree to that. I will handle that. What we want to be able to do is be able to
start buildings during the construction process of the infrastructure, so that when the
asphalt is in, the paving, the landscaping, and everything else, we hope that we are well
on our way on buildings. We are not waiting until the plat is recorded, until everything is
completed and signed off, we are in the process. The certificate of occupancy,
obviously, is what holds you -- or holds us, so that's where our -- I guess you might call
it the hammer. All I was trying to do in this was simply get clarification on that. That's
all my intent was on that and nothing else. With respect item five, that's fine. With
respect to item six, if there is a problem with it -- and it sounds like there are, we will put
on the plat the easements for the pathway. I guess the saying is it's not a hill worth
dying for and, in this case, this one isn't. Our concern was a little bit of deviation, but we
will deal with that. I don't want to hold the process up. This is very, very critical that we
get started on this project immediately. So, we can go back. All I would ask is that the
non-encroachable access for buildings and allows us other things, such as pressurized
irrigation or gravity feed or other things -- I talked to Dave McKinnon this morning. That
would be my only request, so that we are clear, that we can encroach upon with
buildings, but if we have a pressurized irrigation line or we have a gravity feed, which is
under the ground or something like that, we can put that in. With respect to item seven,
if I can -- and here is the dilemma we have. I don't know if -- can you turn that light off?
Meridian City Council
March 4, 2003
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As you can probably see, here is the pathway we have shown, which goes something
like this, and around this way. Again, we don't have any problem with that. We have
agreed to that. We would guarantee it. We would give you whatever comfort level you
need. Where our dilemma is -- let's say, for example, we put this in on the plat and we
put it like this and, then, Hewlett-Packard, Albertson's, whatever it might be, comes in
and says I want to take these two lots and I want to put a building right here. All of a
sudden we have the pathway there. What we will end up doing, potentially, is about
every two months I'm going to be in here saying I need to vacate an easement. Well, I
really don't think you want to see me that often. What we are trying to do -- and it's a
dilemma and we are struggling with it, too, is the reason we want to avoid it on the plat
is for that reason. We can give you an easement that says this is it, with the
understanding that staff -- we can go to staff, if a building comes here, and then it jogs
up this way and we will tie it in this way. If we have a building that goes here, maybe we
would bring it around here. All we are simply doing is asking for the flexibility. Again,
when I talked to Dave this morning, one of his -- I asked him, I said, well, what do you
do with other parks like this, he said, well, I don't know, we really haven't had to
encounter this. Maybe we are blazing new trails here, but we don't want to put it out of
there, because, to me, it's almost like a sewer easement and we want to try to avoid the
kind of dilemma. We can put that on it. If you want to put something such as 50 percent
of the project was developed and at that point the pathway will be constructed, I think
that's probably reasonable. I have a few mixed emotions about that, but if that
eliminates the dilemma, we can go with that. I would suspect when we get 50 percent
of this park built we will have a pretty good idea where the pathway is going to be and
we are willing, at that point, to take a risk or -- you know, that could be three or four
years down the road and we will deal with it at that point. If staff needs that, as they
refer to, to hammer, we can give that to you. I hope you understand that by putting this
on the plat it's going to create some real headaches for us potentially. I think we all
know that the way this looks right now may not be the way it's going to be developed.
This is our best guess at this time and I think -- I have talked to some of the Council
members before about this and I think some of them we share our opinions on that so,
that's a dilemma. If we need to put 50 percent in, we can live with that. We would,
again, still ask that this easement be a separate document and we can work with staff,
so we don't have to come back to you. We want to put the jogging path in. We just
simply don't know where to put it at this point. That's the situation we have on that and,
as I say, as I'm going through this, if you have any questions, I will be glad to answer
them. Let's see. Hopefully, I have somewhat addressed that. I'm trying to be short. I
understand you have a lot of things on your agenda tonight. With respect to the
sanitary sewer -- sewer services for the development -- and we talked about
latecomers. That's fine. If you want to put in there something that we have to do that,
we do have an agreement with Sundance, which owns Silverstone. We have -- we
have come up with the values on that, but we would agree that we would provide you
with the adequate documentation to satisfy the city that we have paid that and that
either Sundance or whoever cannot come back -- will not come back to us so we can
address that. I think that would be fairly simple. With respect item 13, Brad is right,
originally we did talk about a private pressurized irrigation and we really grappled with
this and it's only, frankly, been within the last two or three months -- two or three weeks,
Meridian City Council
March 4, 2003
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rather, that we decided to go with Nampa-Meridian Irrigation on this. I guess I -- maybe I
should have communicated this to city. That's my fault. I simply forgot about that. We
can, again, provide to the city the land use application, along with the documentation to
them saying that we have submitted it, including any transmittals you want that the
plans have been submitted to them for their approval and prior to pre-con, we will have
to provide you with an acceptance letter from Nampa-Meridian Irrigation. Again, I guess
what I will hopefully want to emphasize tonight is this is an extremely important project.
I know this is March, everybody is thinking we have got plenty of time, but if we don't
start this project now, we have a reasonable likelihood that we may not be paving in
November and that's a critical thing for us for a variety of reasons. Brad said we would
have one project right here, which is a major employer that has to be in that building in
January. They are moving from Boise. They have to be out of their building. It's Great
West Casualty. It's important to us that we get this project done and that we get this
project started now. If we don't, we are at risk, and I know that seems like a long way
away, but the amount of work we have to do on this project, November will be here very
quickly. I apologize if I went through these things -- I guess what I'm trying to say is I
think we can work this out, I don't see anything in here that's a detriment, we are just
asking for clarification and some flexibility. With that I would be glad to answer any
questions.
Corrie: Any questions of --
De Weerd: I have none.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Seel, I truly empathize with what you're saying, but I guess what I'm
concerned with is there seems to be a lot of massaging of these conditions. There is
not a lot of them, but there is a lot to sort of digest and I recognize that part of it is not
your fault, that we are having to do that, but how imperative is a week? I know in many
of these things a week can be significant, but I guess, for me, I want to know from you --
I mean how detrimental to your project is one week going to be?
Seel: Well, Mr. Mayor, Council Members, you know, I wouldn't suggest that it's the end
of the world. What my desire is, is to take care of this tonight. I'd like to believe maybe
I'm idealistic here, that we can get some of these things resolved with staff with the
approval of the plat tonight. You know, a week can add up. You know, if this was a
residential subdivision -- and I will be in here shortly on another one, a week, two weeks
wouldn't bother me. I think every week we have, obviously, helps, because two weeks
from now it might be raining and we are shut down for two or three weeks and
November is when all of a sudden those days start to add up. Again, I don't see -- you
know, I know this is my opinion, I'm a little bit biased on this, but I don't see anything in
here that I see as a detriment -- or a problem, I guess, is what I should say. The jogging
path is one that hopefully you can understand our situation and I think we can create
Meridian City Council
March 4, 2003
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something that will provide you with -- if you want the 50 percent, as staff has asked for,
we will provide it 50 percent. You, then, have the hammer. We will put the pedestrian
easement back in, all we ask for is that it stays roads. I think the other things is just --
some of it is housecleaning and I think that Item 4, all I'm asking for is just clarification
that, yes, once the plat is recorded, once there is a suitable base here on ACHD's
approval, that's fine, we will get that or whatever, there is adequate fire flow, we can
begin constructing a building. We are not saying certificate of occupancy, we are
saying we are about to start constructing a building and that are understanding is to see
about -- even pressurized irrigation, if you want the pressurized irrigation in before a
certificate of occupancy, we will get that in. Landscape does concern me, because
sometimes, you know, you just can't get it all in time. I think we are trying to meet most
of your requests, with a few clarifications, so -- so, my desire, quite honestly, is to get it
approved tonight.
Nary: Thank you.
Seel: You probably didn't realize that, did you?
McCandless: Mr. Mayor?
Corrie: Mrs. McCandless.
McCandless: Mr. Seel, apologies to you, because I realize that you have been here a
lot. Your projects are wonderful and rarely do you make us look at something at the last
minute like you are tonight. I would feel a lot more comfortable in making a decision on
this if I knew there were agreements on all these points and though you say you think
they can be worked out, I want to see that on paper. This is important to us and --
Seel: I understand.
McCandless: -- for that reason I don't think a week is going to make that much
difference.
Seel: Again, like I say, I can't sit here and look you straight in the eye and tell you that a
week is going to be the end of the world. It's not. As I say, again, my preference would
be to wrap this up and get it approved tonight. Typically, I don't think a Final Plat is a
big deal and I -- you know, it's one of those things if we had more time. If that's the only
way to do it, then, I have no choice, I have to live with that, and I will work with staff, you
know. I think I have pleaded my case. I don't want to beat this ad nauseam for you.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
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March 4, 2003
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Bird: This is for Brad. Brad, with the pressurized irrigation system on a project this
large, do you require all of them to be in before they -- did we require Silverstone's
pressurized system to be in? I don't care which Brad.
Watson: We were playing rocks, paper, and scissors to see. Mr. Mayor, Council
Member Bird, I would hope that it would have been in and active before Building
Permits were issued. That's the intent of every subdivision that we do and that's
supposedly what our tracking provides. I'm not the one that tracks that, so I can't swear
that it was active, but I hope it was.
Bird: I know they had to do some lot adjustments and stuff over there at that point and if
they would have -- if they would have had their pressurized system in, I'm sure they had
to redo a bunch of them, because they had Michael's of Oregon took up two lots or
something at that point, so -- I can understand why developers don't like to put it in
ahead of time. I didn't realize that was enforced to have it in. I can see residential, but
not commercial, because you get some owners who want to take two or three lots up,
well, you know, they want to put in a two or three hundred thousand square foot building
and a pressurized system, if it's in already, you're redoing it and sometimes you can't
get the roots and stuff back.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess I still would like to know where there are disagreements. It just
sounds like the applicant has said we can keep Item 6 as is, regarding the public
pathway, and being part of the -- as part of the phase of the plat is that correct?
Seel: Yes. With the clarification that this is not appropriate for buildings, but we are
allowed other items, such as pressurized irrigation or other things, we could just say not
encroachable for buildings.
De Weerd: And is staff agreeable to that? So -- and on Item Number 4, then, the
applicant has agreed to keep approved by the Ada County Highway District and I
thought staff agreed with the pressurized irrigation statement; is that a correct
assumption, Brad?
Hawkins-Clark: For clarification, the -- we agreed that the landscaping --
Seel: We will bond for landscaping.
Hawkins-Clark: Yes. Would be bonded for in terms of the -- before an occupancy
permit. You know, PI system is, again, a change -- as Brad said, a change of internal
procedure. I mean we typically have asked for other than -- it's a little bit confusing
there. Right now Mr. Seel and Mr. Moore have the Marlin Subdivision, which is
residential, and, of course, the PI system can't be activated until the water flows and
Meridian City Council
March 4, 2003
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they have received occupancy permits out there for that reason, but -- so I -- you know,
I mean that's the City Council's call. I mean our preference is to see the PI in.
Seel: Again, as far as the pressurized irrigation system, if we leave that, if that
becomes an issue, as far as being activated, we may not -- we may not have it in. You
know, until sometime in October, maybe at that point you don't even want to turn it on,
maybe -- you know, maybe you haven't your site -- like we did at Marlin, we have it in.
We have never turned it on so, you know, that's the only thing. The landscaping is my
main concern. Again, we want to get it in. You know, Mr. Moore, as I say, is spending
about three and half million dollars, that's what the budget is on this. The entryways by
themselves are going to be substantially expensive and he is sparing no dollars -- this is
not a requirement of the city to do that, but that's what he's going to put into it. We want
to have this thing looking like a Class “A” project it's just sometimes the timing. If we
can get the landscaping when we get everything completed this year, obviously, we will
do everything we can. I think you have seen some of the things that -- some of his past
products. We are not trying to skimp. Even in the arches, the arches by themselves,
two of them, probably run between 150 to 200 thousand dollars apiece. That's each
one. There are two of them. I think that kind of gives you an idea of what he is -- and
that doesn't go to the sidewalk and the streets, that's almost froo froo. I wouldn't tell him
that. You know, we are not trying to skimp here.
Nary: I'm trying to write this down.
Seel: Yes. We are not trying to skimp here. If we can accomplish everything, we will,
it's just the timing.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Jonathan, the problem is -- and if we are -- if we are doing -- you know, if we are
requiring the pressurized irrigation on other developments, which I did not know, but if
we are, then I would think that it would be of benefit to do that.
Seel: We will do that.
Bird: And also the more we can get on plats, Final Plats, the better off we are. We
have had some problems with stuff getting left off the Final Plats and so this Council
and Mayor, I think, are very, very touchy about what gets on every -- we want every little
detail on the Final Plat that we can possibly get, for that simple reason.
Seel: Mr. Mayor, Councilman Bird, I -- if I knew where the pathway was --
Bird: Well, that's something else.
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March 4, 2003
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Seel: Yes. The pedestrian pathway down there on the canal, we will put that in. We
will go ahead and do that. I think at least I have gotten one of the two and if I could put
the other one in, I would do it, I would agree to it, I'm just -- if I agree to you today, I'm
going to be in front of you a half a dozen times over the next year.
Bird: Well, I think that's something that you and the staff can definitely work is that
pathway and -- the internal pathway, but the easement stuff has to be on that Final Plat
for that -- for the Ridenbaugh pathway.
Seel: That's fine. We will --
Bird: It's got to be there.
Seel: We will put that on. You know, we will get the pressurized irrigation system in this
year. If that becomes an issue, we will put that in. Just all I ask for is landscaping
flexibility and landscaping, again, I emphasize we are going to do everything we can to
get that in this year.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess the problem here, Jonathan -- and I understand how weeks can
multiply and they really can, but there is just one or two things that we need clear
language on and I don't feel that we are there. It's nothing that's simple by just saying
keep Item 6 and delete Item 7, 8 and 13 are fine, we need to fine-tune Item 4. It sounds
like it's a little bit more complicated in the fact that we need words, so as we instruct our
attorney to draw up the Findings, that the findings are going to be fair and we are not
going to have a lengthy dissertation on what's wrong with the Findings, then, at that
point. I think we just need to do it right and I do understand exactly where you're
coming from. We want to give you the flexibility, but if we don't do it right, we might be
shooting you in the foot just from that standpoint.
Seel: No, I understand where you're coming from, too, and I can appreciate that. Like I
say, I -- you know, we can schedule it for I guess, what, next Tuesday, if I'm
understanding? Then, we will just -- you know, we will deal with that. Then -- I certain
don't -- I don't disagree, because I think if we have all the language and, then,
somebody interprets it different that what you thought -- so that's why I'm trying to avoid
it here. If we need to, then, we go over the next week, staff and I will sit down, and we
will come up with language that we can come in and just say I like it, thank you very
much, and, then, sit down.
Bird: We don't want to be in a hurry and leave out stuff, really, we can leave something
in there that isn't agreeable to you that you don't pick up, the same that you could leave
stuff in there that we don't agree with.
Meridian City Council
March 4, 2003
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Seel: Sure.
Bird: And I know how time schedules and stuff are very important in a project this size
and stuff, but I have to agree with Councilwoman de Weerd, I think if you can sit down
with staff and give us something that we could look at and not have lines crossed out
and everything like that, that we can say go for it.
Seel: I understand. Yes. I understand and, like I say, I apologize, I know this is a lot
with everything else –
Bird: And Brad said our staff was at fault, too, so we apologize.
Seel: No, we can -- we can sit down and twist our arms.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Yes. I think -- not to belabor the point, but I think it is -- I think it's too expensive
of a project to do the project -- for us to try to hurry and shoe horn it in and the only thing
that keeps running in my mind is Wingate Lane, which doesn't have anything to do with
this project, but it is one that the rest of us up here have to deal with. Again, it's just an
interpretation of what those -- of what those conditions mean and that's -- I mean I don't
have any problem with the plat, I don't have any problems with what we are trying to get
to, I think I agree with Councilwoman de Weerd and Mr. Bird, I just want to see the
language, so that we are all comfortable and all know what we meant and we all know
what we are passing.
Seel: Sure. I fully understand and we will just -- it will probably -- you know, one of
these days this whole thing we become a non-issue so I can appreciate it. Yes.
Bird: If it starts raining week, then --
Seel: Yes.
Corrie: Jonathan, before we do what we have to do here, I have known you a long time
and I think you have known me a long time and the developers we have known for a
long time and because of this we are not -- your integrity and you -- when Becky was
here and the others, is not questioned whatsoever. It's what we need to know and, as
some of us said, it's a double edge sword, it can hurt both ways if you don't understand
all of it and that's what I was trying to get across before so with that I --
Seel: Again, I understand and I appreciate it.
Corrie: That's not what we are saying.
Meridian City Council
March 4, 2003
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Seel: No. I appreciate it, we will be back next week, and I think we will all feel a little bit
better. You know, things always work out for the best, so I hope they will, too.
Corrie: And you have a good project out there and I don't want to see anything go sour
because of something we did as well, so -- okay.
Seel: Thank you.
Corrie: Any other comments?
Nary: Do we need a motion?
Corrie: Yes, we do. We need a motion to delay this --
Seel: But it will be on next Tuesday; is that correct?
Corrie: If they say so.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we continue the request for the Final Plat approval of 34
building lots and 16 other lots on 82.9 acres in a C-C and C-G zones for Bonito
Subdivision by W.H. Moore Company, southeast corner of Eagle and Overland Roads,
to March 11, 2003. For the applicant and the staff to get together and get the
differences worked out and in proper language.
Nary: Second.
Corrie: Okay. Motion has been made and seconded to table the request for Final Plat
to March 11th, next week. Any further discussion? Hearing none, all those in favor of
the motion say aye. Opposed no. All ayes. Motion carried. We will see you next
week.
MOTION CARRIED: ALL AYES.
Item 10. FP 03-009
Request for Final Plat approval of 53 building lots and 6 other
Tricia’s Subdivision No. 4
lots on 17.67 acres in a R-4 zone for by
Autumn Faire, L.L.C. – southwest corner of Ustick Road and Black Cat
Road
Corrie: The next item is Item Number 10. This is a request for Final Plat approval of 53
building lots and six other lots on 17.67 acres in an R-4 zone for Tricia's Subdivision
Number 4 by Autumn Faire, LLC, southwest corner of Ustick Road and Black Cat Road.
At this time I'd like to have Brad, either one, first.
Meridian City Council
March 4, 2003
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Hawkins-Clark: Thank you, Mayor, Members of the Council. This Final Plat is for the
fourth phase of what was originally called Autumn Faire Subdivision, now Tricia's
Subdivision. This fourth phase is on the south side of Ustick Road on the west side of
Black Cat. Ashford Greens Subdivision is here. The project is in substantial
conformance with their Preliminary Plat that was approved a couple of years ago. This
final phase is about 17.6 acres. Here on the screen is the Final Plat layout and street
configuration. The staff has prepared a memo dated March -- well, it shows 5th, but it
was received by the city clerk's office February 27th and we have received a plat back
that complies with all of our comments. The Final Plat revision date is stamped
February 28th, '03, received by the city clerk's office March 4th, 2003. The main small
adjustments that were made -- on these two cul-de-sacs here and here, the original plat
showed them just under the 40 foot minimum core distance that we require by our code,
so they have basically just tweaked these lots a little bit in their length in terms of their
frontage on the cul-de-sacs. The number of lots is the same. Just the frontage has kind
of been changed a little bit. There are the two stub streets that come in on the south
side from the earlier phase of Tricia's Subdivision. They have a large open space storm
water retention area here on their west boundary. They do have a Landscape Plan that
is here along Ustick Road and in that common lot that is -- matches what they have
already planted on Black Cat Road and so that's -- that's referenced -- that Landscape
Plan has been reviewed and we have recommended approval of that. I think with that I
would ask for our staff comments be included in your -- any motion you make.
Corrie: Okay. Any questions of Brad? Is the representative of Tricia's Subdivision
here?
Stanfield: Scott Stanfield with Earl & Associates Engineering, Caldwell, Idaho. 215
Badiola. We concur with the staff report, the conditions and requirements, and we don't
have any desire to change it. I trust you have everything in your packets.
Corrie: Makes it a little easier. Okay. Thank you. Any questions?
Bird: I have none.
Corrie: Thank you. Okay. Any further discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approval the request for Final Plat of 53 building lots and six
other lots on 17.67 acres in an R-4 zone for Tricia's Subdivision Number 4 and ask the
attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order.
Nary: Second.
Meridian City Council
March 4, 2003
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De Weerd: To include all staff comments.
Nary: Including the one from Mr. Freckleton?
De Weerd: Oh. Uh-huh.
Nary: Okay.
Bird: How about the date of the plat?
De Weerd: All staff comments and note that the Final Plat is dated 2/28, received on
3/4/03.
Nary: Second.
Corrie: Motion has been made and seconded. Any further discussion? Hearing none,
roll call vote, Mr. Berg.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Final Plat request is approved.
MOTION CARRIED: ALL AYES.
Item 11. Public Hearing: Dust Abatement Ordinance:
Corrie: Item Number 11 is a Public Hearing, Dust Abatement Ordinance. Is this
request by David McKinnon? Is this -- should we delay this again or -- is that what he's
asking? Okay. Is there anyone here that would like to issue any testimony on this Dust
Abatement Ordinance at this time? Okay. I will open the Public Hearing and, then,
invite Council for a motion to continue the Public Hearing.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we continue the Public Hearing for the Dust Abatement
Ordinance until March 18th, 2003.
McCandless: Second.
Corrie: Okay. Motion has been made to continue the Public Hearing for March the
18th, 2003. Any further discussion? Hearing none, all those in favor say aye. Opposed
no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Meridian City Council
March 4, 2003
Page 35 of 51
Item 12. Public Hearing: VAR 03-004
Request for a Variance to allow a
reduction of the front building setback from 30 feet to 22 feet for the
Locust Grove Substation
Meridian Fire Department -- 3545 North
Locust Grove Road:
Corrie: Item Number 12 is a Public Hearing. This is a request for a Variance to allow a
reduction of a front building setback from 30 feet to 22 feet for the Meridian Fire
Department Locust Grove Substation, 3545 North Locust Grove Road. At this time, I
will open the Public Hearing and invite staff comment first.
Hawkins-Clark: Thank you, Mayor, Members of the Council. Item Number 12, Locust
Grove Substation Number 3 for the City of Meridian Substation shown here on the
screen. As you well know, the property is on the west side of North Locust Grove,
Summerfield Subdivision is on the east side. Heritage Commons Subdivision, you can
see the portion of the plat here on the north. The request tonight is for a Variance for
reducing the front building setback. Here is a sketch and a Landscape Plan of the plan
that I believe our Fire Department has reviewed. Chief Bowers is here to make any
comments that he would like or questions could be answered. Generally, the Variance
request -- as you know, there was some discussion with the Highway District about the
Locust Grove right-of-way width here in this location on North Locust Grove. Originally,
the Fire Department understood them to have a little bit more property than ended up
being the case. We are still looking for a three -- two lane with a center turn lane
section here, but the right of way does encroach a little bit and that meant that the
canopy that is on the front of the substation here, doesn't -- it's a -- I think about an eight
foot canopy on the front entrance and that projection would project into the front
setback. The 30 feet is typical minimum from the property line back to any portion of
the structure and they were looking for that to be reduced to 22 feet. The other portion
of the Variance has to do with the landscape buffer in the rear of the building here on
the west side. Typically, the -- well, the landscape ordinance does require that when
you have incompatible uses, like a public -- quasi-public use and residential, that you
have a minimum 20 foot wide distance there of buffer. They are proposing to reduce
that to five along the middle section of their west boundary. That's, of course, largely to
accommodate the turning movement of our engines, so they can make this turn and get
to the back of the -- get to the back of the station there for access. Staff has reviewed
this. We have -- Steve Siddoway has prepared a memo dated February 27th with an
analysis and we are recommending approval of the Variance for the landscape buffer
and the building setback.
Corrie: Okay. Thank you, Brad. Is the applicant here this evening? Tom?
Representative. Is the testimony you are about to give the truth, the whole truth, and
nothing but the truth, so help you God?
Zabala: It is.
Corrie: Name and address, please, Tom.
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March 4, 2003
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Zabala: My name is Tom Zabala and I'm with ZGA Architects in Boise, Idaho. My
address is 565 West Myrtle Street, Suite 225. 83702. Mr. Mayor, Members of the
Council, we are here this evening representing the Meridian Fire Department and the
Meridian Rural Fire Department District. We have had an opportunity to review the staff
report and concur with the findings and requirements indicated therein. Be happy to
answer any questions that Mayor or Council may have with regard to this particular
request for a Variance.
Corrie: Any questions? Okay. Thank you, Tom. Is there anyone else from the public
that -- for the -- okay. Let's – yes. I have Herb. Come up here, please. Is the testimony
you are about to give the truth, the whole truth, and nothing but the truth, so help you
God?
Dalrymple: It is.
Corrie: Thank you. Name and address, please.
Dalrymple: Herb Dalrymple, 3539 North Locust Grove Road. The original concept as
presented to me by the Fire Department that they would have a station that would blend
into a residential area. North Locust Grove is exclusively a residential street, other than
the couple blocks adjacent to Fairview. Now, their setbacks have conditionally been to
protect the value of property, now they wanting to push this out onto the road further.
They have already received a gift, so to speak, from ACHD, in that they are only going
to have to accommodate two lanes and a turn lane, which is less than what they had
originally intended and I was just opposed to this fire station sticking out there that close
to Locust Grove Road. It's going to -- there is a church adjacent to my property that has
a great deal of traffic and we are going to have this fire station sticking out there like a
sore thumb. That's all I have to say about it.
Corrie: Okay. Thank you, Herb. Appreciate that. Any questions of Herb? Thank you.
No questions, I guess. Thank you. Is there anyone else from the public that would like
to issue testimony? Okay. Hearing none, Council, any other discussion on the Public
Hearing?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I guess just so I'm clear, there seems to be two things in here -- we are talking
about the Variance. It's not just a front setback, it's a rear setback as well; is that right?
Five foot in the back. Aside from the -- at least the way I read this report, the only thing
that's encroached into the 30 foot setback is just this canopy, just part of the entryway;
correct? The building isn't in that, it's just the cover over the doorway to the building; is
that what it is?
Meridian City Council
March 4, 2003
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Hawkins-Clark: That's correct.
Nary: And I noticed in the staff report it said that this similar Variance was granted on
the Ten Mile Substation. Was that the front setback Variance or the rear five-foot
setback that was granted or was it both at Ten Mile?
Hawkins-Clark: It was just the front.
Nary: Okay. That canopy area on the Ten Mile station is in the -- approximately the
same amount into the setback area?
Hawkins-Clark: That's correct.
Nary: Okay. Thank you.
Corrie: Any other questions or comments?
Bird: I have none.
Corrie: Hearing none, I will entertain a motion, then, to close the Public Hearing.
Nary: Mr. Mayor, I would move to close the Public Hearing.
McCandless: Second.
Corrie: All right. Motion has been made and seconded to close the Public Hearing on
Item Number 12, the Variance, Number 03-004. Any further discussion? Hearing none,
all those in favor of the motion say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Corrie: Discussion?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I guess my only discussion is that it seems like we have set a precedent for this.
I guess I would disagree a little bit with Mr. Dalrymple, if the -- the intent is to build this
station to look like the Ten Mile Station, I think it does blend with the neighborhood. I
don't think there is a -- I don't think it sticks out like a sore thumb and I don't think it
sticks out too close to the street. I mean I live a half a mile from that station and I drive
by it a lot. I don't see this as a problem. I understand your concern, but I think the
intent here is, really, to build a very nice looking station. Certainly, they could not build
the front canopy on and it would be -- and do that for the front, but I don't think you'd like
it. I don't think you'd like the looks of it. I think the quality here is in that and I think the
Meridian City Council
March 4, 2003
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size of the lot limits the opportunity for this particular station. Probably the only thing I
guess I would say -- and it's really, I guess, saying it to us, part of the reason for this
problem was that there was some issues of the size of the lot, which wasn't determined
until later and that's something we can control in the future and I assume we probably
meant to control it in his one, it just didn't happen that way, but we will do a better --
hopefully, a better job for all around in the future, but I guess just don't see this as a big
concern. Like I said, I think the Ten Mile Station does blend in and that was the
concerns that were raised, so that's all I have.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I would concur with Councilman Nary and I -- it wasn't until the 11th hour
that we found out the requirement for the right of way and that really did put us in a
predicament with the station. We wanted to maintain the integrity of the functionality of
the station without endangering not only the public, but our firefighters as well and
having the trucks back out and that's our thing so, we are very restricted. I agree that
without the canopy it would take away from the looks and how it blends into the
neighborhood. So -- and I do live over by the Ten Mile Station and it does fit in there
very nicely and I think that the neighbors have appreciated how well it does blend. If
there aren't any further comments, I would be willing to make a motion to approve the
request for Variance to allow the reduction of the front building setback from 30 feet to
22 feet for the Meridian Fire Department Locust Grove Substation. Ask the attorney to
draw up Findings of Facts and Conclusions of Law and Decision of Order, to include all
staff comments.
Bird: Second.
Corrie: Okay. Motion has been made and seconded to approve the request for
Variance with all staff comments. Any further discussion? Hearing none, roll call vote,
Mr. Berg.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. The request for Variance 03-004 is approved.
MOTION CARRIED: ALL AYES.
Item 13. Public Hearing: CUP 02-047
Request for a Conditional Use Permit for
a Planned Unit Development to include adding a new 4 classroom
Mountain View
seminary to back of existing site in an R-8 zone for
Senior Seminary
by Lystrup/Jensen Architects – south of East Overland
Road and east of South Locust Grove Road:
Meridian City Council
March 4, 2003
Page 39 of 51
Corrie: Item Number 13 is a Public Hearing. This is a request for a Conditional Use
Permit for a planned unit development to include adding a new four classroom seminary
to the back of an existing site in an R-8 zone for the Mountain View Senior Seminary,
south of East Overland Road and east of South Locust Grove Road. At this time, I will
open the Public Hearing and invite staff's comments first. Brad.
Hawkins-Clark: Mayor, Members of the Council, the Conditional Use Permit before you
is for a planned development. The site is -- currently has an LDS church on it. The
proposal is to add a second principal building here to the backside. The location is on
the east side of South Locust Grove Road. The Rim View Subdivision, an Ada county
subdivision, is adjacent to the south side. Mountain View High School is located here
fully on the east. Resolution Business Park has been annexed a couple of years ago --
not platted, but is here to the north. The Sportsman Point Subdivision is on the west
side of Locust Grove. The Hunter Lateral does course along this whole east boundary.
Here is an aerial photograph of the area. As you can see, the majority build out
residential, lower density residential subdivision here to the south uses, and, then,
Sportsman Point, city higher density subdivision here on the other side. This
photograph does reflect the first beginning of the foundation work there for the church
site and the seminary is proposed to be back here in this location. Here is the site plan
that was submitted with their application and, again, the reason it's a Conditional Use
Permit is because it's a single lot and they are looking for two separate buildings. They
would have separate services -- service -- water and sewer services to each of these
buildings. They are looking to add a new parking lot to the backside, around 60 lots or
stalls. An open area is here on the north side of the seminary and, again, the Hunter
Lateral, which was required to be piped, which is part of the Resolution Subdivision, is
here. As this drawing does show, they are proposing to extend their pedestrian
walkway across the Nampa-Meridian Irrigation District, Hunter Lateral property. The
only comments we have received so far from Mr. Henson at Nampa-Meridian Irrigation
District say that the applicant will be required to get the license agreement with them.
We have not received any evidence that the applicant has gotten that approval. The
staff report did state that the applicant would need to show it, but I do have just one
change for you on this condition, if I could just -- Brad, if you could hand that out. It's
just one liner, just so if you do want to reference it, just a change there that we would
ask that the applicant submit a copy of any executed license agreement when they
apply for the Building Permits. That, I thought, was a pretty important piece that was
not in the recommendation from the Planning and Zoning Commission, so we proposed
just to add there that one last sentence. Applicant shall submit a copy of the executed
license agreement with Nampa-Meridian or other evidence of the irrigation district
approval for the pedestrian easement across the Hunter Lateral and I guess we
probably should add prior submittal of Building Permits. Forgot to add that on there.
Other than that, the Planning and Zoning Commission did recommend approval of this
project. They did ask that a gate be constructed at the southeast corner of the property
within the fence to allow the Rim View Subdivision property owners access to the water
-- to their water delivery point. That was a condition added by the Commission and also
that they work with the Fire Department to insure that there is proper access in here to
Meridian City Council
March 4, 2003
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get around this building. Other than that, I think the recommendation, with that one
change that I submitted, stands as is.
Corrie: Thank you, Brad. Questions of Brad?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: With that gate, would that allow the residents to the south to access that
bridge over the canal? I think with the school going in there, that might be -- I don't know
how -- if there are any access points over that canal -- I just thought I'd ask.
Hawkins-Clark: Council Member de Weerd, my apologies for not doing the research,
but I believe it's actually piped, so, you know, we are not really talking about a bridge
per se. I could be -- I could be wrong. We are looking, but the applicant should be able
to clarify that.
De Weerd: So it is open further back.
Hawkins-Clark: Right. Right but in this particular section --
De Weerd: We can ask the applicant.
Hawkins-Clark: We would still look, in the sense it is irrigation district easement, that
they would still need to get approval to put the -- even if it's just a surface path, to get
the license agreement to go across the top of the tile ditch.
De Weerd: Okay. Well, I'm sorry, I know it's open further down the line. I didn't know it
was tiled there. Thank you. Nothing further.
Corrie: Is the applicant here -- representative here tonight? Is the testimony you are
about to give the truth, the whole truth, and nothing but the truth, so help you God?
Lystrup: It is.
Corrie: Name and address, please.
Lystrup: My name is Jim Lystrup with Lystrup/Jensen Architects. My address is 1133
Call Creek in Pocatello, Idaho. We are here this evening representing the Church of
Jesus Christ of Latter-day Saints. We certainly hope to be able to build this new
seminary building to facilitate the members of the church that attend the high school, so
they can access the facility and participate in released-time seminary. Do you have any
questions for me?
Corrie: Did you get a copy of this?
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March 4, 2003
Page 41 of 51
Lystrup: I haven't seen that.
Corrie: Have you seen it?
Lystrup: I haven't seen it. Just what they read tonight. We don't have concern --
Corrie: Okay. I just want to make sure for the record that you have seen it and have no
objections to the recommendation. Okay. Any questions of staff -- or, excuse me, of --
Bird: I have none, Mayor.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Just verification that that is piped back there.
Lystrup: I was on the site the other day and it was a pile of dirt. Whether or not the
canal has been tiled yet I do not know. I know that the church has entered into an
agreement with the school district to insure that that happens. The irrigation canal will
be tiled at least to the end of our property and I assume -- well, I know that the high
school will take it clear to the end of their property. We will participate in the cost of
extending through our property.
De Weerd: Okay. Thank you.
Lystrup: Any other questions?
Corrie: Thank you. Richard? Is the testimony you are about to give the truth, the whole
truth, and nothing but the truth, so help you God?
Schmidt: Yes.
Corrie: Name and address, please.
Schmidt: I'm Richard Schmidt, I live at 1770 Charlais Drive in Meridian. As you look at
the aerial photograph, directing your attention to the southern boundary of the property
you will see three residential neighbors. I'm in the center of those three. The entire
main irrigation -- I saw it, it's all been in a cement pipe that's totally buried, there is no
more open canal from the southern part of that picture all the way to Overland Road.
It's totally buried. However, there is a point of delivery for the irrigation water into the
subdivision and the church will build a Cyclone fence along the entire southern
boundary to the back corner. When they do that, they will eliminate the historic access
to the point of origin -- point of diversion for the irrigation water for myself and for my
neighbors to the west. There has always been a gate there in that corner since the
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March 4, 2003
Page 42 of 51
subdivision was created in about 1978. That's how we have gotten the water. We
simply walk around one way or the other to the gate and go in the neighbor's corner of
his backyard there and access our water and, then, go out by the gate and we are
asking the -- what I'm asking the church to do is simply put a gate in there so we can do
this. The church has made a -- well, at the Planning and Zoning meeting, the church
consented to the installation of the gate and the Planning and Zoning Commission said
they would make it a condition of the Conditional Use Permit and the church consented
to that being a condition of the permit. It is understood that there is limited use to that
gate. There will be a lock on it maintained by the water users. It will not be an open
access gate. The limited purpose of the gate is to allow us to go in the gate into the
neighbor’s backyard, access our water, come out and lock the gate. There are only two
people that will use that gate. Myself and my neighbor to the west. At our expense we
will have to have a lock. The church will not involve itself in the locking of the gate. If
we leave it open, the church, as I understand it, will remove the gate. They will not
allow general access to the public through that fenced backyard and we accept that. If
the church does not install the gate, we are locked out of our water and that's the only
access we have and that's the historic points. I'm simply asking that the Council accept
the recommendation of the Planning and Zoning Commission and include the
requirement of the gate as part of the Conditional Use permit, which the church has
already graciously agreed to, in any event. I have not heard any objection to this
addition to the property and with that request I'm here to speak in favor of the church's
application.
Corrie: Okay. Thank you. Any questions?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Just a minute. Have you seen the language in the recommendation?
Schmidt: No, I have not.
Corrie: Okay.
Nary: The language only indicates that at the southeast corner of this project the gate
will allow neighboring homeowners to access their water delivery point. Is there more
specificity you would prefer to see? Is that what you're asking? Or do you think that's --
Schmidt: No. If the church is satisfied, I'm satisfied.
Nary: Okay. Great. As long as that answers your concerns, that's all I was after.
Schmidt: Yes. We need to have the irrigation water.
Bird: Mr. Mayor?
Meridian City Council
March 4, 2003
Page 43 of 51
Corrie: Mr. Bird.
Bird: We do have to have the stipulation about locking -- about the locks on the gate,
that it will not be a public access. It is strictly --
Schmidt: That's certainly --
Bird: It's just a water user access. It's not a public access.
Schmidt: Correct.
Bird: So the locks will have to be on it.
Corrie: Okay. Any other questions? Okay. Thank you.
Schmidt: Thank you.
Corrie: Anyone else like to issue testimony in this case? All right. Thank you.
Lystrup: I'm sorry, Mr. Mayor. If we could have staff bring that site plan back up. If Mr.
Schmidt would just show us where he'd like that gate, we will know where he'd like the
gate.
Schmidt: I think the overhead photo would work best.
Lystrup: Because we want to get it in the right place.
Schmidt: Now, the irrigation company delivers water to this homeowner's property at
that corner and there is a small local ditch for the subdivision that follows the meander
line generally along this direction and goes into this man's property there. It goes out
here, goes under his gate, and continues for the purpose of the church and you have a
pump in there for you own water. If you were to walk along this line, you will see a gate
right in that corner that already exists, which was this man's gate, because this used to
be a cow pasture. You just match that gate. In the southeast corner there is an existing
gate that has been the one that's been there for 20 plus years. When you add your
fence to match that gate, I assume he's going to pull his fence line. I don't know that.
With your fence, there I certainly can't go through his gate. Maybe there will be two
gates. I don't know.
Lystrup: As we looked at that initially, our thought was to leave the fence at least on this
side of the property. You have got a six foot high fence now, it's all chain link, we
thought about putting a privacy slat in the fence, but we really couldn't see any need to
move the fence, so the gate would stay just the way it is, unless -- unless staff
recommends that we put a new fence in.
Meridian City Council
March 4, 2003
Page 44 of 51
Schmidt: I will tell you the genesis of that. Mr. Larry Mower recently retired at the
property office in this area told me that when the church developed this back half, they
would repeat the fencing and landscaping now present on the first half, that is going to
extend the landscaping and your fence all the way down and, thus, cover the gate. I
can assure now, the quality of the fence that's in there now isn't close to what the
church puts in, but it's your call. Just don't close our gate.
Lystrup: We will do it right.
Schmidt: Thank you.
Corrie: Thank you, Richard. Okay. One more time, would anybody else like to issue
testimony? Okay. Thank you. Council, any questions for the Public Hearing? Hearing
none, I will entertain a motion, then, to close the Public Hearing on Item Number 13, the
Mountain View Senior Seminary request for a Conditional Use Permit.
Bird: So moved.
De Weerd: Second.
Corrie: Motion made and seconded to close the Public Hearing. Any further
discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All
ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Corrie: Further discussion? Hearing none, I will entertain a motion, then, on the request
for the Conditional Use Permit for the planned unit development for Mountain View
Senior Seminary.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I would move the approval of CUP 02-047, the request for a Conditional Use
Permit for the planned unit development, to include adding a new four classroom
seminary to the back of an existing site in an R-8 zone for Mountain View Senior
Seminary by Lystrup/Jensen Architects, south of East Overland Road and east of South
Locust Grove, to include all staff comments, including the one that was submitted
tonight in regard to condition B-2, with the additional language on the recommendation
of Planning and Zoning, special condition A sub one, adding language that would
indicate that locks will be provided by the immediate property owners, gates cannot be
used for public access, the gates shall remain on the southeast corner of applicant's
property and the traditional water delivery will continue as required by the Idaho Code.
McCandless: Second.
Meridian City Council
March 4, 2003
Page 45 of 51
Nary: And to prepare Findings of Facts and Conclusions of Law and Decision and
Order.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded. Is there any further discussion?
Hearing none, roll call vote, Mr. Berg.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion is approved.
MOTION CARRIED: ALL AYES.
Item 14. Public Hearing: RZ 02-009
Request for a Rezone of 0.17 acres from R-
Bentley Apartments
8 to O-T zones for by Tamura and Associates – 518
East Broadway Avenue:
Item 15. Public Hearing: CUP 02-048
Request for a Conditional Use Permit for
Bentley
a multi-family dwelling unit in a proposed O-T zone for
Apartments
by Tamura and Associates – 518 East Broadway Avenue:
Corrie: Item Number 14 and 15 are Public Hearings. Item Number 14 is a request for a
rezone of 0.17 acres from R-8 to an O-T zone for Bentley Apartments by Tamura and
Associates, 518 East Broadway Avenue. Then Item Number 15 is a Public Hearing,
request for a Conditional Use Permit for a multi-family dwelling unit on the proposed O-
T zone for Bentley Apartments by Tamura and Associates, 518 East Broadway Avenue.
Hearing otherwise, I will open the Public Hearing on Item 14 and 15 and invite staff's
comments for the Public Hearing.
Hawkins-Clark: Mayor, Members of the Council, this rezone request for Item Number
14 is to go from a current R-8 to Old Town. The property is on the north side of East
th
Broadway Avenue near East 5th, just east of East 5. The Comprehensive Plan does
show this property to fall within an area designated as Old Town for -- within the
Comprehensive Plan, so the Old Town request is in compliance with that. The next
item, Number 15 -- well, I guess here is an aerial photo to show you that there is
currently a residential structure and an accessory unit on the backside and there are 4-
plexes, generally, in this area currently built out. More industrial uses in nature here on
the south side of Broadway. The request is to construct a single 4-plex building on the
property. It's proposed to be 3,884 square feet, two stories tall, two units on the first
floor and two units on the second floor. The parking that they are proposing would all
be accessed off of the alley on the north side of the lot. On this particular layout,
Broadway is here on the right-hand side. The sidewalk is currently four feet wide, both
on the east and west abutting properties, so they have proposed, rather than a standard
five-foot, to go to a four foot wide sidewalk to match the adjacent properties. The
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March 4, 2003
Page 46 of 51
access would, then, continue on. The main access to the 4-plex would be here on this
side. The parking is -- they are proposing two tandem areas. They have four covered
carport parking spaces off of the alley and, then, they have two on the east that are not
covered, one would be for a compact here and, then, a standard and, then, the same
thing on the west, a compact and a standard. The Planning and Zoning Commission
did talk about the width or the -- both the parking arrangement and the width of the
sidewalk. The proposal is for this internal sidewalk to just be three and a half feet wide,
the one that accesses off of Broadway sidewalk and comes back. That did get some
discussion by the Commission, but they -- they did choose to recommend approval of
that, given the narrow width of the lot. The one change that the Commission did talk
about was there is currently right now no sidewalk provided here in front of the parking
stalls. That was requested to be added, so that should someone park in here, they
would be able to walk on a sidewalk, instead of having to walk all the way around these
cars so that sidewalk would be added as a new feature. The other condition added by
the Commission was to extend the fencing. The existing fencing can be used, so that
the applicant is not required to put up new fencing. I think the recommendation is fine
for staff as it's written, with the exception of number eight, does still state that the
internal sidewalk should be five feet, but the minutes do reflect that the motion said that
they should be three and a half feet -- or to allow three and a half feet in width. That
would need to be a modification in any motion that you make. Elroy Huff from the parks
department did go out and take a look at the existing tree that is right in the center of the
property and he did determine that to be a dead and dying tree, so staff agrees that it
can be removed without mitigation. Here are a couple of the existing site photos. Here
is that tree I mentioned. The proposal would be to demolish that house, of course, and,
then, construct the new 4-plex and here are the proposed elevations. I think that's all I
have at this point.
Corrie: Thank you, Brad. Comments? Questions?
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Brad, on the ACHD conditions of approval, it's got it down -- if I'm looking at it
correctly, it's a five foot wide sidewalk and you're saying it should be four foot to match
the existing sidewalk?
Hawkins-Clark: Thank you for pointing that out, Mr. Nichols. I hadn't seen that. The
site plan does show four to match up with the existing, so -- but, of course, this is -- this
is within the right of way, so I think we would need the Highway District's input on that to
modify it.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Meridian City Council
March 4, 2003
Page 47 of 51
Nichols: Mr. Mayor, Members of the Council, just -- if it's your pleasure to approve this,
we might just make the four-foot width contingent upon approval of ACHD.
Corrie: Okay. Is the representative here for Bentley? Theresa. Is the testimony you
are about to give the truth, the whole truth, and nothing but the truth, so help you God?
Bentley: Yes.
Corrie: Name and address, please.
Bentley: Theresa Bentley, 2929 Wildwood, Boise. 83703.
Corrie: You have seen all the conditions. Do you have any questions on any of those?
Bentley: No. I agree -- I agree with staff.
Corrie: Questions of Ms. Bentley?
Bird: I have none.
Corrie: Okay. Thank you. Anyone else wish to enter testimony at this time? Okay.
Hearing none, Council, I will entertain a motion at the pleasure of the -- for the Public
Hearing.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move we close the Public Hearing RZ 02-009 and Public Hearing CUP 02-048.
Nary: Second.
Corrie: Motion has been made and seconded. Is there any further discussion? Hearing
none, all those in favor say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES?
Corrie: Discussion on Item 14, request for rezone from an R-8 to an O-T for the Bentley
Apartments.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Hearing no discussion, I would move that we approve the request for rezone of
0.17 acres from R-8 to O-T zones for Bentley Apartments by Tamura and Associates,
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March 4, 2003
Page 48 of 51
518 East Broadway Avenue and for the attorney to draw up the Findings of Facts and
Conclusions of Law and Decision and Order and incorporate all staff comments.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded. Any further discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Would that include the clarification of the sidewalk with --
Bird: The sidewalk would come in the CUP, wouldn't it?
De Weerd: Oh, that's right. You're right.
Corrie: Okay. Any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Corrie: Item Number 15 is a request for a Conditional Use Permit for a multi-family
dwelling unit.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the CUP 02-048, the request for a Conditional Use
Permit for a multi-family dwelling unit in a proposed O-T zone for Bentley Apartments by
Tamura and Associates, 518 East Broadway Avenue, to include all staff comments, the
front sidewalk, the Broadway sidewalk, based on a four foot sidewalk to match up with
the others, on condition of approval by ACHD. The interior sidewalk on the north side
and on the west side will be three and a half feet and for the attorney to draw up the
Findings of Facts and Conclusions of Law and Decision of Order.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded. Is there any further discussion?
Hearing none, roll call vote, Mr. Berg.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Meridian City Council
March 4, 2003
Page 49 of 51
Corrie: All ayes. Motion is approved.
MOTION CARRIED: ALL AYES.
Item 16. Public Hearing: AZ 02-030
Request for annexation and zoning of 38.65
Silverleaf Subdivision
acres from RUT to R-4 zones for proposed by
Crestline Development, LLC – 2683 West Chinden Boulevard:
Item 17. AP 03-001
Request to Appeal Meridian Planning and Zoning
Silverleaf Subdivision
Commission’s Denial of Preliminary Plat by
Shawn Nickel and Crestline Development, LLC – 2683 West Chinden
Boulevard:
Item 18. Public Hearing: PP 02-031
Request for Preliminary Plat approval of 72
building lots and 8 other lots on 38.65 acres in a proposed R-4 zone for
Silverleaf Subdivision
proposed by Crestline Development, LLC – 2683
West Chinden Boulevard:
Item 19. Public Hearing: VAR 03-006
Request for a Variance to exceed 1,000
foot maximum block length and Variance to open space requirement for
Silverleaf Subdivision
by Crestline Development – 2683 West Chinden
Boulevard:
Corrie: As stated earlier in the meeting today, we have Items 16, 17, 18, 19 are all
Public Hearings. I will open all of the Public Hearings, 16, 18, and 19, and is there
anyone from the public that would like to issue testimony? Hearing none, I will entertain
a motion to continue the Public Hearings on 16, 18, 19, and to have Item Number 17
moved to April the 15th, as request by the applicant.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we continue Public Hearing AZ 02-030, the request for
annexation and zoning of 38.65 acres from RUT to R-4 zones for proposed Silverleaf
Subdivision by Crestline Development, LLC, 2683 West Chinden Boulevard, to April
15th, 2003.
Nary: Second.
Corrie: Okay. Motion has been made and seconded. Is there any further discussion?
All in favor of the motion say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
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March 4, 2003
Page 50 of 51
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we move to AP 03-001, request to appeal Meridian Planning
and Zoning Commission's denial of Silverleaf Subdivision Preliminary Plat by Shawn
Nickel and Crestline Development, LLC, 2683 West Chinden Boulevard, to April 15th,
2003.
Nary: Second.
Corrie: Motion has been made and seconded. Any further discussion? Hearing none,
all those in favor of the motion say aye. Opposed no? Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move that we continue Public Hearing PP 02-031, request for Preliminary Plat
approval of 72 building lots and eight other lots on 38.65 acres in a proposed R-4 zone
for proposed Silverleaf Subdivision by Crestline Development, LLC, 2683 West Chinden
Boulevard, to April 15th, 2003.
Nary: Second.
Corrie: Motion made and seconded. Is there any further discussion? Hearing none, all
those in favor say aye. Opposed no? All ayes.
MOTION CARRIED: ALL AYES.
Corrie: Mr. Bird.
Bird: Mr. Mayor, I move that we approve or continue Public Hearing VAR 03-006,
request for Variance to exceed 1,000-foot maximum block length and Variance to open
space requirements for Silverleaf Subdivision by Crestline Development, 2683 West
Chinden Boulevard, to April 15th, 2003.
Nary: Second.
Corrie: Motion has been made and seconded. Is there any further discussion? All
those in favor of the motion say. Opposed no. Motion carried.
MOTION CARRIED: ALL AYES.
Meridian City Council
March 4, 2003
Page 51 of 51
Corrie: Before we have a motion for the closing of the meeting, I'd like to invite the
representative from ACHD to come up and identify himself give his name and address.
He will be our new representative from ACHD so welcome.
Mills: Thank you, Mr. Mayor, Council Members. I'm Bruce Mills from the ACHD and I'm
the manager of the right-of-way development services section and I will be happy and
looking forward to working with all of you. I have some business cards I can hand out.
Corrie: Thank you very much. We are looking forward to working with you.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I have just two things. One is the update on the annexation bill. Our
attorney represented our city very nicely with arguments against House Bill 274 and the
end result was it's being held in committee, so, essentially, that means the bill is dead,
at least for this year. Secondly, I was hoping to get an update on the Planning and
Zoning Commission director position and the process of hiring.
Corrie: We will start the process next week and we have the committee that will be
sitting in on the interviews and, hopefully, within three weeks we will have it done and I
will give you the recommendation and you will have the resumes of the ones that I
recommend.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Are we staying with the format that we mostly have used all the time? And I know
I didn't get -- being liaison at the parks, I didn't get to see the parks, because of my
hospitalization, but are we having the liaison from Planning and Zoning sit in on this,
too?
Corrie: As far as I know.
Bird: Okay.
Corrie: That's being worked out right now so anything further?
De Weerd: So those interviews will be held next week?
Corrie: Next week and we will figure out when we can meet, so --
De Weerd: Okay. Thank you. Mr. Mayor, I move we adjourn.
Meridian City Council
March 4, 2003
Page 52 of 51
Bird: I second that.
Corrie: Okay. All in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 9:36 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
/ /
ROBERT D. CORRIE, MAYOR DATE
ATTESTED:
WILLIAM G. BERG, JR., CITY CLERK