Loading...
HomeMy WebLinkAbout2003 04-08 Meridian City Council Meeting April 8, 2003 The Regular Meeting of the Meridian City Council was called to order at 7:08 P.M., on Tuesday, April 8, 2003, by Mayor Robert Corrie. Members Present: Tammy de Weerd, Cherie McCandless, and Keith Bird. Members Absent: Bill Nary Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Dean Willis, and Will Berg. Item 1. Roll call Attendance: __X Tammy de Weerd _ O__ Bill Nary __X Cherie McCandless __X Keith Bird ___X__ Mayor Robert Corrie Corrie: I will open the Meridian City Council Regular Meeting on Tuesday, April 8, 2003, at 7:08 P.M. in the City Council Chambers. At this time, I would like to have the City Clerk give roll call attendance, please. Item 2. Adoption of the Agenda: Corrie: Okay. Welcome everybody here this evening and our second item on the agenda is the adoption of the agenda. Council is there any changes in the agenda that you -- our Resolution Number is 03 dash something. 401. Thank you. We will have to also continue the Dust Abatement Ordinance on until next week. We just got the Compass letter, so we will need to continue that. Bird: Mr. Mayor? Corrie: Mr. Bird. th Bird: Item Number 12 we have got a letter dated April 4 requesting that that -- I th believe that's been changed to the 15. Corrie: Okay. That's correct. McCandless: Which one? Bird: Number 12, the Montvue Medical Clinic. The one we had -- from Pinnacle Engineers. Corrie: No. This was the -- the letter was from Pinnacle Engineers. Bird: Yes. Isn't that right? Meridian City Council Meeting April 8, 2003 Page 2 of32 Corrie: That's right. Yes. th Bird: To go to the 15? I didn't misread it, did I? Corrie: No. You got it right. He thought it was from the attorney and I said, no, it was the applicant's representative. Bird: So, with those modifications I would move that we would adopt the agenda. McCandless: Second. Corrie: Okay. 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: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. March 4, 2003 Approve minutes of City Council Regular Meeting: B. March 18, 2003 Approve minutes of City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: PP 02- 034 Request for Preliminary Plat approval of 7 building lots on Devon Park 14.31 acres in C-G and R-40 zones for proposed Subdivision by Tamura and Associates – 824 East Fairview Avenue: D. Findings of Fact and Conclusions of Law for Approval: AZ 02- 029 Request for Annexation and Zoning of 39.92 acres from RUT Watersong Estates to R-8 zones for proposed by Howell-Murdoch Development Corporation – northwest corner of North Linder Road and West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: PP 02- 030 Request for Preliminary Plat approval of 125 building lots and 15 other lots on 39.92 acres in a proposed R-8 zone for proposed Watersong Estates by Howell-Murdoch Development Corporation – northwest corner of North Linder Road and West Ustick Road: F. Findings of Fact and Conclusions of Law for Approval: VAR 03-009 Request for a Variance to allow blocks 3, 4 and 7 to be shorter than the minimum of 500 feet and to allow blocks 1 and 8 to exceed maximum block length of 1,000 feet for proposed Watersong Estates by Howell-Murdoch Development Corporation – northwest corner of North Linder Road and West Ustick Road: Meridian City Council Meeting April 8, 2003 Page 3 of32 G. Findings of Fact and Conclusions of Law: MI 03-003 Request Fairview to review the issue of the connection of Teare Avenue for Lakes by Fairview Lakes, LLC – 824 East Fairview Avenue: H. Findings of Fact and Conclusions of Law for Approval: VAR 03-010 Request for a Variance for extension of time to file Tramore subdivision plat as required by the City of Meridian for Subdivision by A.L. “Drew” Seargent – south of West Pine Avenue and east of North Linder Road: I. Sanitary Sewer and Water Line Easement with Tramore, L.P.: J. 2003 Creek-Crossing Sewer Pipe Rehabilitation Project – Award Bid: K. Settler’s Park Restroom / Concession Building – Award Bid: L. Beer, Wine, and Liquor License Renewals: Winco Foods, Inc. – Beer and Wine Maverick Country Store – Beer Jackson’s Stores – Beer and Wine Albertson’s Stores – Beer and Wine Wal-Mart Store – Beer and wine Kahootz Pub and Eatery – Beer and Wine Ultra Touch Car Wash – Beer Corrie: The next item is the Consent. Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda as noted and I'm sure that all these beer, wine, and liquor license renewals have been okayed by the Police Department and all the proper paperwork has been done, Mr. Clerk? Berg: Mr. Mayor, yes, they have, or else they wouldn't be on the agenda. Bird: That's what I was sure of and to have the Mayor sign and the Clerk attest on all proper papers. De Weerd: Second. Corrie: Okay. Any further discussion? Hearing none, roll call vote, Mr. Clerk. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay. All yeas. One absent. Meridian City Council Meeting April 8, 2003 Page 4 of32 MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: Corrie: Item 4, Department Reports. Any Department Reports at this time? Item 5. (Items Moved from Consent Agenda): Corrie: Okay. Thank you. No items were removed from the Consent Agenda to Item Number 5. Item 6. Resolution No. 03- : Amendment to the July 2002 Meridian Comprehensive Plan for the City of Meridian (Section C-1 of Chapter 7 Urban Service Planning Area): Corrie: So, we have Item Number 6, a Resolution Number 03-401. This is an amendment to the July 2002 Meridian Comprehensive Plan for the City of Meridian, Section C-1 of Chapter 7, Urban Service Planning Area. Council, any comments, replies, or discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess more of a procedural -- now that we have passed this resolution and the letter goes to the Ada County Commissioners to adopt -- for the request to adopt our Comprehensive Plan? Berg: Mr. Mayor, I think she was looking at me when she was addressing that. The Mayor has a letter, we will fill in that resolution blank, and we will get it to the Ada County Commissioners. De Weerd: Okay. Corrie: They are waiting patiently. De Weerd: Thank you. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Resolution 03-401, amendment to the July 2002 Meridian Comprehensive Plan for the City of Meridian, Section C-1 of Chapter 7, Urban Service Planning Area, with suspension of rules. Meridian City Council Meeting April 8, 2003 Page 5 of32 Bird: Second. Corrie: Okay. Motion has been made and seconded to adopt Resolution Number 03- 401. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay. Motion for Resolution Number 03-401 is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Tabled from April 1, 2003: FP 03-012 Request for Final Plat approval of 52 building lots and 5 other lots on 15 acres in a R-4 zone for Castlebrook Subdivision by Centennial Development, LLC – east of North Black Cat Road and south of West Cherry Lane: Corrie: Item Number 7 is tabled from April 1, 2003. This is a request for Final Plat approval of 52 building lots and five other lots on 15 acres in an R-4 zone for Castlebrook Subdivision by Centennial Development, LLC, east of North Black Cat Road and south of West Cherry Lane. At this time I will ask the staff comments first. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. This is the first phase of Castlebrook Subdivision No. 1. Coral Creek Subdivision abuts it to the north. The Ten Mile Creek also kind of runs across here on the northeast corner. Here is a copy of th the Final Plat that was originally submitted as noted in our staff report, dated April 8. th I'm sorry. April -- I guess April 4 it was received by the City Clerk. There have been a couple of minor modifications made from the -- since the Preliminary Plat was approved. Specifically, the one building lot was eliminated to accommodate storm water drainage after the engineers looked at it. That was here at the western edge of the subdivision, one of these lots was converted, and so you now have an open space -- a dual open space storm drainage lot here. There also was a reduction of a common lot square footage for the Nampa-Meridian Irrigation District and, then, probably the main substantial modification was made here. Again, North Black Cat Road is on the left of the screen. The single point of entrance at the Gray Tower is here. Then, here in this northwest corner, the amended plat, which I believe you, should have received a hard copy of, we just didn't get the digital one on here, and so I apologize for that. These two lots in the corner have been combined into a single lot and the applicant has been in discussions with the City of Meridian about a regional lift station for this area and I'd like to turn it over to Brad Watson just to give you a little bit more information about that. Watson: Mr. Mayor, Members of the Council, after the Preliminary Plat was approved by Council and we got JUB Engineers on board to begin design of the Black Cat sewer and lift station, the idea came up that perhaps there would be an opportunity to talk with this developer and secure a site immediately, without having to screen five to 10 sites in that area that weren't annexed to the city that would have to go through a Conditional Use Permit and easement negotiations. We met with the developer on this and broached the idea and he's been very cooperative and very interested in it. The plus for Meridian City Council Meeting April 8, 2003 Page 6 of32 the Public Works Department is we secure a site, we can begin detailed design immediately of that lift station, as well as the trunk line itself, because we have a starting point. If we need to go through rural area on the west side of Black Cat Road, we could probably determine a starting point, but not quite as precisely. The lift station couldn't begin detailed design immediately. We could design all the mechanics and the inside of it, but the site design and how it blends in would be a little more difficult. We have, in very very general terms, discussed how the city could secure that site and that's probably a discussion for another night. I'm not sure what form it should be in, but we have -- we have discussed financial considerations that I would like to bring that back some other time. Obviously, we can't secure that site until this plat is recorded anyway. I do have some pictures on my laptop if you're interested in seeing the kind of structure we would be looking at constructing there. We do -- whenever we build a well, for example, in a neighborhood, we conform to their CC&Rs. We ask for their architectural guidance on what they want to see and we have discussed that with the applicant. He's very agreeable to that. I guess Brad's going to plug this in for me and I can show you some -- there is just five or six different -- the picture you see up there right now is a lift station of about the same magnitude as the one we are contemplating. This one is in Nampa. It's a slightly different setup than what we would probably build. The structure itself is somewhat larger and taller, I think, than what we want. This particular structure with CMU with architectural shingles, relief to the building itself. There is a little different picture of it. You can see that this particular lift station was built right up next to a -- well, the neighborhood was being built at the same time as the lift station, but they are brand new houses just behind this. This is Well 22 in Bear Creek Park. This is what we typically do when are in a brand new subdivision. You will notice that there is split faced, two tone CMU. A little more pitch on the roof, that sort of thing. Just another picture of that structure. I guess that's the same thing from a different angle and a different season, obviously. I don't know if you're even interested in this. This is the Nampa lift station. This is the bowels of it. It's about 30 feet deep. Ours would be not quite that deep, but pretty close. Most of the structure is below ground. One thing to point out is this will have a backup generator. We make every effort to suppress the noise in those and they do run once a week to exercise, usually for about an hour during an afternoon. They did start this one up for us and it is loud. That's just -- you don't care about this, but I wanted to throw it in. It's a cool picture. That just shows the -- looking up from the floor how high up you go but that's about it. I guess that's all I really had. I just wanted to make sure that people were aware of what was going on as this plat was coming before you. The developer, like I said, has been very cooperative and I think, probably, the one benefit to -- to them is that it may make more land sewerable more quickly. With that, I will stand for any questions you might have on this. Corrie: Thank you, Brad. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, what would be the timing on constructing that? I guess my concern is, you know, the other one went in along with the houses that were being built and you Meridian City Council Meeting April 8, 2003 Page 7 of32 mentioned that the generator did have a noise level to it. Is that only on the inside of the building or is it fairly noisy on the outside as well? Watson: Council Member de Weerd, Mayor, and Council Members, it -- three points, I think. When we build these, we set the vents towards the road, so that's where the majority of the noise is. If you're on the other three corners of the building, the other three sides of the building, there is noise, but it's really loud where the venting is, which would be pointed towards Black Cat and the common lot that's there. We do intend to buffer. There is some landscape, like we do everything else that's in a neighborhood. The generator would be enclosed in the building. One thing that we do want to do is as soon as they -- some sort of agreement is made to secure this site, have eight-by-four signs made and posted at each side of that lot, so the people do know what's going to be there. One of the modifications we do need to make to the staff report is in Site- Specific Comment Number 7 regarding the plat notes. Note Number 7 needs to say Lot 1 and Lot 5, Block 1. Obviously, if this -- securing this site isn't consummated at some point -- we kind of got a chicken and egg thing here going on. Probably lean on Council a bit to sort this out. We want this note on the plat, but we can't actually secure the lot until the plat is recorded and, then, it's too late to take the note off the plat. Any guidance on that would be much appreciated. De Weerd: Can they put proposed future site? Watson: I have never seen that term on a plat. They want it pretty final. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Tammy asked some and I had one more, Brad. Are we positive that we are going to be able to acquire those two lots for the lift station? Watson: Councilman Bird, Mayor, and Council Members, I have met with the applicant two times and several e-mails. I feel a little awkward here negotiating a land deal on my own without Council's approval, but he's totally, totally, on board with this, as long as we have your approval. He's completely okay with it. Bird: Is it fair -- is it a fair price for you? Watson: Yes. Bird: Then, I think the Council has always went off you guys' advise and I'm sure they will this time. How are you going to -- how are you going plat the Final Plat? What are we going to do with -- I mean are we going to take out -- we are only going to have one lot there, instead of two? How are you going to -- I mean why do you have to -- do we have to put what's going to be on it? We don't, do we? Watson: Council Member Bird, I -- Meridian City Council Meeting April 8, 2003 Page 8 of32 Bird: And when we record it. Watson: I would like to have that note on the plat as a warning to lot buyers that this is going to be -- Bird: I'd love to, too. If you're positive that you're going to purchase it, I don't know why we can't put it on as a note. If it's a proposed, you can't put it on a Final Plat. Watson: Correct. Bird: As a proposed note, can you? Watson: Perhaps Mr. Nichols can help me out on this, but -- when the plat comes through for signature, if there was an agreement in place, an intent to purchase, or something like that, then, maybe that would -- that was approved by Council. Bird: Can we -- are we in a situation that you could purchase it now, Brad, with Council approval? Watson: I don't believe so, because it's not a legal lot. It's one large parcel. Bird: How about a tentative purchase? Corrie: You can have proposed -- no, you can't either. Bird: I don't think you can have a proposed on a Final Plat, can you? Nichols: Well, Mr. Mayor, Members of the Council, Brad, I'm -- I'm looking at the old plat on the electronic copy. What -- are you talking about an additional note or are we talking about changing -- are we talking about putting something on that specific -- Watson: Mr. Nichols, I was hoping that there would be a note and I have the revised plat, so I'm not sure exactly which number it is. I would hope it's still Number 7. It says Lot 1, Block 1, shall be maintained -- that's not it. These are mixed up. If there was a note that said those two lots had a blanket sewer easement to the City of Meridian, that's at least part way there in my mind. It would be a legal building lot if the purchase wasn't consummated, so we would own a buildable lot that we probably don't really want to build on. (Councilman Nary present.) Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I think what we are talking about doing is, first of all, the Final Plat has to -- you know, it has to -- if it conforms with the Preliminary Plat in most regards. Then, it's going to be approved, but the issue is, from your Meridian City Council Meeting April 8, 2003 Page 9 of32 perspective, you want something on the face of the plat so that if, at the time of the signatures on the Final Plat, the lot has been purchased or contacted to be purchased by the City of Meridian, there will be a note indicating its use. Is that it? Watson: Yes. Nichols: Okay. Mr. Mayor, we can make that a part of the order, because the order is an order of conditional approval of the Final Plat. It can be in the text of the order, without necessarily having to specifically refer to a note on the plat itself. It can order that a plat note be included if a certain event occurs. Corrie: Sounds go good to me. I'd like to have the record show that Councilman Nary has joined us at 7:28 P.M. Any other questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I just want to make sure that that condition gets in there. If someone builds here and they don't know that it's coming, this is pretty substantial. I guess further discussion on how we buffer, even on the south side of that, we will have that at a later date, but we want to make sure we are very neighbor friendly, as much as we can possibly be. Just one question for Brad. Does this northeast tip -- is that near that pathway at all? Hawkins-Clark: Councilwoman de Weerd, it is. This sort of L or V-shaped lot is a common open space. The Ten Mile Drain does come down from the north and, then, makes a fairly sharp turn to the east here. I'm hesitating, because I believe that the pathway is, actually -- De Weerd: On the north side? Hawkins-Clark: -- on the north side. De Weerd: Okay. Hawkins-Clark: Yes. The pathway itself I don't believe abuts this. De Weerd: There were issues in the subdivision north of this on the groundwater levels and some mosquito issues. Is this subdivision going to be prone to some of those same issues? Watson: Council Member de Weerd, it very well could be, yes. De Weerd: Do we have practices or conditions that we can put in place to mitigate some of those or respond to them? Meridian City Council Meeting April 8, 2003 Page 10 of32 Watson: It's my understanding that the ones that were constructed in the subdivision to the north were initially not constructed properly, for lack of a better word, and that they have done some remedial action on those that have at least alleviated the problem. I'm not sure it's completely solved. I haven't been out there in a long time but the problem is with the requirements of DEQ right now. They conflict with what makes sense landscape wise and mosquito habitat wise, so this isn't the only spot we have to work through those, it's a wide-spread issue. De Weerd: Is there language that can be put on there and certainly more attention paid to it in this, so we do it right in this subdivision? Watson: There probably can be. The problem for us is that we don't have any jurisdiction over those drainage facilities that are serving public right of way. ACHD is inspecting those. We can probably do a little better job of taking a look at those when the plans come through in sensitive spots like this. Obviously, we don't have the authority to change the design, but we can certainly make suggestions and even at the inspection point we are out there doing a lot of things anyway, maybe take a look at it. De Weerd: Perhaps our ACHD representative, Bruce, can take that message back and maybe respond to Brad Watson on how we can better work together on that. Okay. Thanks. Thank you. Corrie: Anything else, Brad? Hawkins-Clark: Just to clarify, Mayor, that from the staff's perspective we do feel with the modification that Brad mentioned earlier on that note on our staff report, that the plat does substantially conform, the main issue to the Preliminary Plat. The Planning and Zoning staff is recommending that we -- we will ultimately bring to you an amendment to the zoning ordinance that allows these public service facilities that serve subdivisions to be allowed in these residential subdivisions. At this point, they were treating them as accessory to the subdivision, but when they hit a certain size, sometimes these public service buildings are not necessarily compatible. As Brad described, we feel confident that this can be made compatible and particularly with the signage that would be put up there and with the plat that gives the future buyers fair warning. That's just a clarification on that. Corrie: Okay. Is the representative here this evening? Conger: Mr. Mayor, Members of the Council, Jim Conger, representative of Heartland Development with -- my firm is Conger Management Group representing Heartland tonight. As far as the conditions of approval, we are in agreement with them. Note 7, Condition 7, changing that to Lot 1 and 5 is what the developer also thinks and the applicant thinks, so that is certainly acceptable. I think as far as the language of Number 7, we would certainly work with staff and come up with something that's certainly agreeable. Both parties, I think, are on the same page and moving forward with this, so that's not an issue. My client wanted to be crystal clear on that coming here. It's not a total last hour thought. They have been working on it and in agreement so, no further -- Meridian City Council Meeting April 8, 2003 Page 11 of32 Corrie: Okay. Thank you very much. Brad, is that plat date March 24, 2003? Hawkins-Clark: That's correct. Corrie: Any discussion? Bird: I have none, Mayor. Corrie: Okay. Then, hearing none, I will entertain a motion on the request for Final Plat approval of Castlebrook Subdivision. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of 52 building lots and five other lots on 15 acres in an R-4 zone for Castlebrook Subdivision by Centennial Development, LLC. To make the changes in Site-Specific Number 7 referring to Lot 1 and 5, Block 1, and also order a plat notation if the change occurs at the time of signature on Lot 1 and 5, Block 1. Ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion made and seconded approving the Final Plat. Is there any other discussion? Okay. 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 8. Continued Public Hearing from March 18, 2003: Dust Abatement Ordinance: Corrie: Item Number 8 is a Continued Public Hearing from March 18, 2003, Dust Abatement Ordinance. At the request of the Planning and Zoning Member, that we have been asked to have that continued until the April 15, 2003, meeting. Is there anyone here who cannot be at that meeting and would like to issue public testimony at this time? Okay. Hearing that, I will entertain a motion to continue the Public Hearing on the Dust Abatement Ordinance. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting April 8, 2003 Page 12 of32 Bird: I would move that we continue the Public Hearing on the Dust Abatement Ordinance to April 15, 2003. De Weerd: Second. Corrie: Motion has been made and seconded. Any further discussion? All those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 9. Public Hearing: PP 03-001 Request for Preliminary Plat approval of 15 building lots, 1 existing house lot, and 2 other lots on 9.996 acres in an R- Setter Cove Subdivision 4 zone for by MKH Development, Inc. – east of North Locust Grove Road and north of East Ustick Road: Item 10. Public Hearing: VAR 03-008 Request for a Variance for block length to Setter Cove Subdivision exceed maximum length of 1,000 feet for by MKH Development, Inc. – east of North Locust Grove Road and north of East Ustick Road: Corrie: Item Number 9 and Number 10 is a Public Hearing. Item Number 9 is a request for Preliminary Plat approval of 15 building lots, one existing house lot, and two other lots on 9.996 acres in an R-4 zone for Setter Cove Subdivision by MKH Development, Inc., east of North Locust Grove Road and north of East Ustick Road. Item Number 10 is a Public Hearing, request for a Variance for a block length to exceed maximum length of 1,000 feet for Setter Cove Subdivision by the same group. If there are no objections with Council, I will open both 9 and 10 Public Hearings and invite staff comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. This piece of property is already annexed into the city, it does have an R-4 zone on it. It was annexed at the time that the Charter High School, Education Campus Subdivision came through a couple of years ago, in order to give it contiguity and -- with the Summerfield Subdivision, which is here to the south and to the west. The R-4 zoning, under the Comprehensive Plan, this property is designated as medium density. As you may recall, we approved the Comprehensive Plan that allowed a shift, either one way up or one way down, from low to medium or medium to high, or medium to low, et cetera. In this case, they have exercised that clause in the Comprehensive Plan and it does allow them to go down to a low density. The property as it's shown on the screen is maybe slightly misleading, in that there has been a land exchange that occurred with the Joint School District No. 2 for the existing private drive that comes off of North Locust Grove Road. The high school, as you may recall on the Education Campus Subdivision, has included that as part of their property. The -- Item Number 9 is regarding the plat, the Preliminary Plat itself, and here is the aerial photo that gives you a better picture. There is the county subdivision called Heritage, which is a one-acre subdivision up here to the north. The elementary school that's currently being constructed is here in the corner of the school property. Summerfield surrounds this property on two sides. Parkstone Subdivision, which the Council approved last week, I believe, is along this entire east boundary. The other one that's shown here across Locust Grove Road is the Heritage Meridian City Council Meeting April 8, 2003 Page 13 of32 Commons Subdivision by Brighton. Here is the proposed Preliminary Plat. They are proposing to take access off of East Layfield Drive, which is a collector -- residential collector street that was approved as part of the Education Campus Subdivision, so that would be -- that would be their primary ingress-egress into the site. Then, they do propose to construct a new public street that would come south off of that collector and, then, sort of T off into two cul-de-sacs. They are looking at fairly large lots in this subdivision. The Planning and Zoning Commission did recommend approval of the plat. The acreage, again, is 10.28 acres. They have an existing residence that is shown -- the footprint of the residence is shown here on the plat here on this northeast corner lot as you come in off of the new street and that existing house is 70 -- approximately, 73,000 square feet, that lot. Then, the remainder of them ranges right around -- the smallest lot being 15,600 square feet and, then, they range right around in that square footage. The open space that they are required to provide is shown here at the entrance. They have a street buffer, basically, and, then, a larger open space area here on the western side of the entrance. The Variance that's before you as Number 10 is required, again, because of block length. They have just a single block in the subdivision. Summerfield did not provide any stub streets to this property when it was platted. The school is providing access, so that is really the reason that staff is supporting the Variance. There is really no opportunity to shorten the block. Parkstone has been approved. There was some discussion, as you may remember, about a pathway coming in from Parkstone that Council decided since the school was easily accessible up here to the north, rather than going through Setter Cove Subdivision, that path was necessary. That was not provided to break up the block length. Unless you have any questions, I will stand for, thanks. Corrie: Any questions of staff? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And there is no stub street from Parkstone either right? There wasn't anything on that piece of property? Hawkins-Clark: That's correct. Corrie: Okay. This is a Public Hearing. Is the applicant -- or Pat here today? Raise your right hand. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Tealey: Yes. Corrie: Name and address, please. Tealey: Mr. Mayor, Members of the Council, my name is Pat Tealey, office address is 2501 Bogus Basin Road in Boise. I'm here representing Mr. Jim Hollister, who is part of MKH Development. Originally, this parcel -- excuse me -- had access through a 40-foot strip out to -- out to the main road on Linder. Through negotiations with the school Meridian City Council Meeting April 8, 2003 Page 14 of32 district and their ability to bring a road in for their required improvements on the property to the north, we worked out a land trade agreement and that's the reason that the property changed from 9.96 to 10.28 acres. Evidently, Mr. Hollister was a good enough negotiator that he got more than what he traded for, so that was the reason. As stated, there isn't any other access points available to us. Summerfield was platted some years ago with no access into this parcel and, as stated, Parkstone also has been approved without access into this parcel and we agree with that. It's just too small of a parcel and what we are trying to do with it was create a little -- a nice area with larger lots. I thank the applicant for that, I guess, rather than going the route of getting more density, we went the other way. We have read the staff report and agree with their findings and the findings of the Planning and Zoning and we are here to answer any questions, if you have any. Corrie: Okay. Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Tealey -- and maybe Mr. Hawkins-Clark said it and I just missed it. Is that an easement or is that a public roadway? Tealey: It's a public roadway. It's a collector road heading into Parkstone. It's a dedicated road through the plat -- what was the name of that plat? Hawkins-Clark: East Layfield? Tealey: No. The plat -- Academy or -- Hawkins-Clark: Oh. Education Campus. Tealey: Education Campus. Nary: Okay. All right. Thank you. Tealey: It's under construction right now. Nary: Now I remember. Thank you. Corrie: Thank you, Mr. Tealey. Is there anyone else from the public that would like to issue testimony? Okay. Council, do you have any other comments or questions of Mr. Tealey or staff? Bird: I have none. Corrie: Then, I will entertain a motion to close the Public Hearing, if you so desire. Bird: Mr. Mayor? Meridian City Council Meeting April 8, 2003 Page 15 of32 Corrie: Mr. Bird. Bird: I move we close the Public Hearings Numbers 9 and 10. It's PP 03-001, the Preliminary Plat for Setter Cove Subdivision, and VAR 03-008, which is the Variance on block length for Setter Cove Subdivision. Nary: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on Setter Cove Subdivision. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: The Public Hearing is closed on Item Numbers 9 and 10. Any discussion with the Preliminary Plat? Okay. Hearing none, I'll entertain a motion on the request for Preliminary Plat. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Preliminary Plat of 15 building lots and one existing house lot, two other lots, on 9.999 -- oh, sorry. What is the new acreage 10.3? On 10.3 acres in an R-4 zone for Setter Cove Subdivision and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Motion has been made and seconded to approve the Preliminary Plat of Setter Cove Subdivision. Further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for Preliminary Plat is approved. MOTION CARRIED: ALL AYES Corrie: Next I'll entertain a motion on the Variance request. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I'd move that we approve the request for block length to exceed maximum length of 1,000 square -- or 1,000 feet for Setter Cove Subdivision and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Meridian City Council Meeting April 8, 2003 Page 16 of32 Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for a Variance. 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 Corrie: Before I do Item Number 11, the Public Hearing on Meridian Academy, I would like to inform the public that Item Number 12, which is the Montvue Medical Clinic, has requested to be continued to April 15, 2003, next week. Just in case anybody was here for that, I'll let you know ahead of time. Item 11. Public Hearing: CUP 03-002 Request for a Conditional Use Permit for Meridian an additional public school classroom building in an I-L zone for Academy by LKV Architects – 2311 East Lanark Street: Corrie: Item Number 11, then, is a Public Hearing. This is a request for a Conditional Use Permit for an additional public school classroom building in an I-L zone for Meridian Academy by LKV Architects, 2311 East Lanark Street. At this time, I will open the Public Hearing on Item Number 11 and staff comments first. Hawkins-Clark: Mayor, Members of the Council, this item is a Conditional Use Permit to add a 15,448 square foot classroom building to an existing school site. This site is on the north side of East Franklin Road, between Franklin Road and the Union Pacific Railroad corridor. Access to the site is taken off of Nola Street and, then, down Lanark. The parcel is owned by the Meridian School District and is a single parcel today. There is a school facility, bus facility, on the property, as well as the existing academy. The aerial photo here shows the relationship of those buildings on the existing site. There is a ball field, as you can see here on the north side. The access comes in off of Lanark, more or less in the middle of the property north south. The existing school building shown here on the Site Plan on the right-hand side was approved as a Conditional Use in 1992. It was deemed to have met the definition of a private school and that's why it was eligible to be put into this light industrial zone, if you were wondering why the combination of the school and the bus facility. The modular -- seven modular classrooms that are currently on the site are not shown on the Site Plan, but they are there and those, of course, would be removed should this Conditional Use be approved. The recommendation that you have from the Planning and Zoning Commission discussed parking and landscaping. A couple of outstanding issues there. I have had discussions with Mr. Scott Marshall of LKV Architects and he has been working with Wendy in our office and has submitted for the record a letter from Wendell Bigham at the School District, which you should have in your packets that, basically, states that the School District is amenable to these additional stalls that are shown here. The -- all of the asphalt -- it's a little bit confusing, in that north on this Site Plan is, actually -- is, Meridian City Council Meeting April 8, 2003 Page 17 of32 actually, to the left, just not to confuse you, but -- so south is to the right and, then, east is here on the top. To the west, the School District has said that the Academy can basically use the stalls that are shown here on the south, even though, technically, it is all one piece of ground, so there is really no need for any kind of cross-access per se. They have -- we have received that letter that states that the School District is amendable to that. With the addition of those stalls, they do meet the minimum-parking ratio for the site so all of this asphalt is existing. The new portion is shown here along the eastern boundary. As you can see, they are proposing to add some new landscaping along that side. This landscape plat here would all be new, as well as this facility and, then, adding some new asphalt in between the existing building and the new building. On Item Number 2 on the Planning and Zoning Commission recommendation on landscaping, the first sentence could be struck. They have met that requirement with this revised plan that said that the east side of the property has to be brought into compliance. That's one tree every 35 lineal feet and they have shown that. Actually, Item Number 1 could be deleted in its entirety, because that discusses the parking arrangement. As shown here, with that letter from Wendell, they have met that. Should you make a motion, one could be deleted and, Number 2, the first sentence could be struck and I think the other requirements -- we are in agreement with the applicant. Thank you. Corrie: Thank you, Brad. Any questions of Planning and Zoning? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, on that Number 2, wouldn't item -- wouldn't sentence Number 2 need to be stricken, too, because trees should be placed every 35 feet along the eastern -- that's being done, so -- on the plat, so why would it be part of the site-specific requirements if it's already on the plat? Hawkins-Clark: Councilman Bird, it is shown on the site plan. There is no plat involved here. Bird: Okay. Hawkins-Clark: But should you approve the revised plat, you're right, I mean they would have to comply with the Landscaping Plan shown. I guess I didn't think that that hurt anything to include that. Bird: No, it doesn’t. I just wondered if you wanted to leave it in there. Okay. I have no more, Mayor. Corrie: Okay. Thank you. Is the applicant here this evening? Representative? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Marshall: Yes. Meridian City Council Meeting April 8, 2003 Page 18 of32 Corrie: Name and address, please. Marshall: My name is Scott Marshall with LKV Architects, 1735 Federal Way, Boise, Idaho, 83705, is the office address, representing the Joint School District No. 2. We have reviewed the comments from Planning and Zoning, agree to them, and have no issue with them. Corrie: Any questions of staff? Bird: I have none. Corrie: Thank you. Marshall: Thanks. Corrie: Is there anyone else from the public that would like to issue testimony at this time? Okay. Council, any other questions, or discussions? Okay. I will entertain a motion to close the Public Hearing. Mr. Bird. Bird: I move that we close Public Hearing CUP 03-002, the request for Conditional Use Permit for an additional public school classroom building in an I-L zone for Meridian Academy by LKV Architects. De Weerd: 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. The Public Hearing is now closed. Any further discussion? MOTION CARRIED: ALL AYES Corrie: I'll entertain a motion, then, for the Conditional Use Permit. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve CUP 03-002, the request for a Conditional Use Permit for an additional public school classroom building in an I-L zone for the Meridian Academy by LKV Architects at 2311 East Lanark Street. To -- in the site-specific recommendations from the Meridian Planning and Zoning, to eliminate Item Number 1, the parking. It has been taken care of through a letter from the Joint School District No. 2 and also on Item Number 2, the landscaping, to delete the first sentence and to Meridian City Council Meeting April 8, 2003 Page 19 of32 incorporate -- the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order and incorporate staff comments. De Weerd: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Okay. I'll have roll call vote again. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Conditional Use Permit is approved. MOTION CARRIED: ALL AYES Item 12. Public Hearing: AZ 03-004 Request for annexation and zoning of 1.37 Montvue Medical Clinic acres from R-1 to L-O zones for by Pinnacle Engineers, Inc. – 360 East Montvue Drive: Corrie: Item Number 12, as I mentioned, this is a Public Hearing for request for annexation and zoning on Montvue Medical Clinic. It has been requested to be th continued until April 15. Again, I will ask is there anyone at Council that would like to th issue testimony now that won't be able to on the 15? Okay. Council, I'll entertain a th motion to continue this Public Hearing until the 15 of April. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move that we continue the Public Hearing AZ 03-004, a request for annexation and zoning of 1.37 acres from an R-1 to L-O zones for Montvue Medical Clinic. McCandless: Second. th Nary: To our -- I'm sorry to our April 15 meeting. McCandless: Second. Corrie: Okay. Motion has been made to continue the Public Hearing for the annexation and zoning. Any further discussion? All in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 13. Public Hearing: MI 03-004 Request to amend conditions of annexation Boise Podiatry Building for by Marshall Ogden – 1065 Fairview Avenue: Meridian City Council Meeting April 8, 2003 Page 20 of32 Corrie: The last item on the agenda is a Public Hearing. This is a request to amend conditions of annexation of Boise Podiatry Building by Marshall Ogden, 1056 Fairview Avenue. At this time, I will open the Public Hearing and invite staff's comments first. Hawkins-Clark: I didn't realize we had so many slides on Montvue. Sorry about that. Here we go. Number 13 is the Podiatry Building. As you may recall, this was placed on a Pre-Council agenda I believe last month, at the request of staff, who was working with Mr. Marshall Ogden and the reason for it was the Annexation Ordinance did require certain conditions to be built for this -- for this site. At that point the City Council recommended that he approach Ada County and see what they would require if he were to be de-annexed. He did approach Ada County, as stated in the application, and the understanding of our staff is that he really didn't come to any conclusions or any -- get much information through Ada County as to what their requirements would be, that the annexation process was kind of new to them as well. In turn, this Miscellaneous Application has been submitted to amend four of the conditions that were placed on the annexation of this property. I don't know if Will could clarify this, but if -- the memo that was from Dave McKinnon that was submitted to the Pre-Council Meeting last month I didn't have in my packet, but if you don't have that, we could get that to you. It was th dated March 6. That kind of gave the background to this property. Generally, the request that's before you tonight is to change -- there are four conditions that Mr. Ogden has proposed to amend through this application. The first one is -- as shown here on the aerial photo -- again, we are talking about the property on the south side of Fairview that is across from what was approved last month as Devon Park Subdivision, the Fairview Lakes -- also called Fairview Lakes here on the north side. Harry's Car Wash is pretty much right across the street. As you can see, there is an existing structure on the site that was the podiatry clinic for several years. The requirements placed on the annexation were for a 25-foot landscape buffer to be constructed on the south side of Fairview beyond the future right of way, which would, essentially, eliminate the parking that they currently have there or reduce it significantly. They would be forced, in order to comply with our Parking Ordinance, to construct new parking. They also are not on city water or sewer at this point in time and so they are asking for a waiver from hook up to sewer until it's appropriately available. They are agreeable to hook up to city water. As you may recall, the sewer -- and Brad can speak to this more, but -- is set at the Master Facility Plan to come here to the south. There is a stub street in the subdivision to the south and as this parcel is redeveloped in the future, likely the sewer would, then, come up and this property would hook up at that point. Here are a couple of site photos of the building. You can see there is a little bit of landscaping that's shown here, no street trees are there. The parking lot doesn't show much striping and, then, here is a Site Plan of how the site is laid out with the lawn and the parking and, then, the majority of this eastern half is currently pasture. I think in terms of process, if you agree, city staff would work with the attorney's office to come back with amended conditions on the annexation ordinance that places these conditions currently. That's all I have at this point. Corrie: Okay. Mr. Watson, any comments? Okay. Is the applicant here tonight? Representative? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council Meeting April 8, 2003 Page 21 of32 Blake: Yes. Corrie: Name and address, please. Blake: Kim Blake, 2252 East Green Meadow Court. Okay. Did you have questions? Corrie: I was just going to say, anything that you want to add to the request for the conditions -- amending the conditions? Blake: Well, I would like -- can you go back to that last -- the last view you had there, the overhead. It wasn't -- not the overhead picture, but the -- yes. The footprint. This is showing in the area between the home, it shows a parking lot and, then, lawn. That -- that lawn is really only about ten feet wide. That's -- it's a little deceiving there, because it looks like it goes out into the street. Those two trees that are shown there, we could do something like that, but they would be back much farther, right -- they would have to be right next to the parking lot. Now, we -- we are willing to do that and, in fact, anxious to make it look nice. That's the only comment I have on that. Corrie: Okay, Mr. Blake. Any questions of Mr. Blake? Bird: I have none. Corrie: Okay. Thank you very much. Is there anyone else here that would like to issue testimony? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? C. Blake: It is. Corrie: Okay. Name, please. C. Blake: Cheryl Blake. My husband and I are at the same address. Mr. Ogden should be here any moment. He's the one that is the applicant. We can talk to you -- we wanted to rent the property and we can tell you what we would be doing to make it look very attractive and fit in with -- like the house next door that's already a business and many other properties along there that are the older homes that have been turned into retail. If you have any questions -- that way we can give you our ideas, but Mr. Ogden is teaching a class and he should be here any minute. Corrie: Okay. Thank you. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: You know, I think that we need to get the Development Agreement and get it manufactured with these changes, these four, or five before us, before I want -- I want to see the actual Development Agreement before I pass or deny or whatever. I mean having a memo on this and a memo from ACHD don't really -- don't really -- but I'd like Meridian City Council Meeting April 8, 2003 Page 22 of32 to see the attorney and Planning and Zoning get together and get these incorporated right in the agreement and, then, have that, so that we can read and go and other than that I don't feel comfortable doing it, because it is a major -- there is some major changes in the Development Agreement. Corrie: True. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just had a question for Mr. Nichols. Does this need to go back to the Planning and Zoning Commission at all or is it -- is it just simply here to make this application? It's a little different than the norm, that's why I didn't know -- Nichols: Mr. Mayor, Members of the Council, the annexation that was approved was just the annexation, there wasn't any development -- that I recall there wasn't any development proposal with it, so it wasn't like not -- it's not like there is going to be any significant change to the development proposal if you change the conditions of annexation. Basically, as I understand the application, it's asking for a waiver from some of the existing ordinances and that's why it's here on a miscellaneous application, because it didn't really fit anything else. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Would it be more appropriate, Mr. Nichols, that it be -- and I'm not going to make them pay a fee, but that it really be more in a staff report format of this waiver request from the annexation requirements. Because I think you're exactly right, I think when we had this pre-Council discussion, my recollection was -- was that we had told Mr. Ogden, first, decide what you want. If you want us to de-annex, we will consider that. If you want to continue to be part of the city, then, you're going to have to decide which of these conditions you don't think are appropriate and, then, I guess you're really asking us to waive those conditions or waive them for a period of time before they have to do that. Maybe that's kind of what I think Council member Bird is asking is sort of something that gives a little more concrete that we can kind of see what we are passing but does that make sense? Nichols: Mr. Mayor, Members of the Council, I think it makes perfect sense, because we -- you need to have the application in front of you to see what the applicant is actually asking for. We don't -- somehow or another it didn't make it into the packet. A staff report, you know, sets forth their issues with regard to should this be done or not and what's the impact of deferring hook up to sewer until such time as the property south of the existing building develops, so that you're not running a very long sewer line just for one house. Those -- and, again, in fairness to staff, because this was out of the ordinary, it didn't get into the usual drill for staff comments and such. Meridian City Council Meeting April 8, 2003 Page 23 of32 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, can -- and, again, I don't want these folks to pay another fee or anything, but I mean that makes the most sense to me, is that your folks look at it and analyze it as to what their request is. Right now it appears that what we are seeing is is that you're not asking to be de-annexed, you're asking to continue the annexation, but you're asking to either waive or delay adherence to certain conditions that are imposed by the annexation and are existent because they are annexing. Would that make -- would that take about two weeks, three weeks, four weeks, do you think, to make that analysis and have a staff report and, then, bring this back -- and, obviously, when Mr. Ogden can be here, but bring this back again, so we have something more concrete in front of us? Hawkins-Clark: Mr. Mayor, Councilman Nary, we haven't received any -- any kind of site plan to date. If I'm hearing you right, you're asking us to basically meet with Mr. Ogden and these potential clients, users of the property, to understand what improvements are they willing to make, at what point in time would we ask for those to be made. I think we could certainly, you know, get that done in a couple weeks easily. You know, as I understand the request, they are not asking, really, to -- they are not proposing to comply with any of the conditions in terms of ordinance today, which would involve the parking lot -- really, I guess the main one is hooking up to water and sewer and the landscape buffer. I mean, really, those are the big ones. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I think -- I agree. I think that's what was intended and I guess what I would prefer and I think what Councilman Bird was asking, something a little more concrete, rather than just Mr. McKinnon's letter, because Mr. McKinnon's letter just said this is kind of what happened. He proposes that it's either de-annex, continue with the annexation with some -- either a waiver of delay or what those requirements are, what the specific things are. I guess maybe it's just the comfort level we have in having the staff report and having that testimony, but, you know, I don't want to -- I guess I don't have a concern if we set it over for two weeks. I just don't want to set it over for two weeks and we have to set it over for three, because your staff was pretty swamped in trying to get a report prepared. I guess I'd rather set it over for three weeks, get it done, than two weeks, and continue it. If you think two weeks is probably plenty, that's fine. If you're thinking three would be safer, I'd rather just do it once and, then, we at least have something more concrete. I don't know that we have a lot of heartburn with what's being asked, but I guess I want at least some analysis and some input from you folks as to what impact that has and I think Mr. Nichols hit it right on the head, what does it mean, is that a good thing or a bad thing, is it a Variance, does it meet the requirements to have a Variance or a delay. You know, that's I think what we are looking for to give us some guidance. Hawkins-Clark: Okay. Meridian City Council Meeting April 8, 2003 Page 24 of32 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Another concern I have got is with the applicant being so -- for lack of a better word -- wishy-washy on what he wanted -- which way he wanted to proceed. I want him to see this new annexation out in writing, too, with these changes and stuff before -- because it's only fair. I'm like Mr. Nary, I don't care whether it takes two weeks, three weeks, but whatever it's going to take, let's get it done and let everybody get a look at it in its new format before we make a judgment on it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Berg was reminding us that we currently do not have a meeting scheduled for th the 29 of April, because that's our fifth Tuesday, which is the one time we get to do th something else or nothing at all. It would probably be the 6 of May would be the soonest. I have no problem with that timing. I don't know how that affects anyone else, but it seems like there is some issues that really need to be resolved and we need the time to do that. Hawkins-Clark: Mr. Mayor? th Corrie: Does the 6 of May work for you? Hawkins-Clark: Yes. If that's your date, then, we will meet that. If I could just request clarification from Mr. Nichols. I think we -- this is fairly new to us. I mean, essentially, we are -- we don't -- we are not amending a Development Agreement, we are amending our ordinance, which I didn't think was possible; is that correct? Nichols: Mr. Mayor, Members of the Council, Brad, the ordinance simply annexed the property. The issue was other ordinances, which require -- for example, the Landscape Ordinance it required property along Fairview to have a certain landscape buffer. In order get it -- these folks wanted to rent the building, have a commercial use, and so, you know, well, I guess that's a question we have to look at. Is this a non-conforming use at the time that it is annexed that requires -- or doesn't require compliance with the Landscape Ordinance in order for this new business to operate there? I mean that's a legitimate question. Same thing with the parking. The sewer and the water is a little different, because we don't -- we don't make a distinction about non-conforming uses when it comes to water and sewer. A deferral for sewer hook-up may make sense if it's going to be an unreasonable burden or it's going to result in an under-sized line that runs from that house all the way down to that sewer in the street in the development to the south. Some of the health concerns are alleviated by having it hook up to city water, so that you don't have an issue about well contamination. You still have the sewer issue, but -- I mean a septic issue. I think those are the kinds of things we are looking at. I mean the ordinance itself didn't address any of those things. Meridian City Council Meeting April 8, 2003 Page 25 of32 Hawkins-Clark: According to Mr. McKinnon's memo, the ordinance -- the findings that accompanied the ordinance and the Conclusions of Law did include the condition to comply with Meridian City Code. Nichols: Right so, that's what we are talking about is relief from those conditions in the Findings, because the ordinance doesn't address them. Hawkins-Clark: And is the appropriate method to amend Finding conditions through the MI? Nichols: Probably. Yes. Hawkins-Clark: Miscellaneous Application. Nichols: Probably. That's probably -- treat this application as one to amend the Findings, not to amend the ordinance for the conditions of approval. Sorry for the long road to get there. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And the only other potential, I guess, issue, Brad, is that if it's something that -- if it were to rise to the level of requesting a Variance from the ordinance, because they can't comply with it, you know -- the one that springs to mind just looking at it is the landscape buffer on Fairview Avenue, 35 feet. Hawkins-Clark: Twenty-five. Nary: So, that might be in their front door. I mean I don't know how far that is, but if that lawn is ten feet, it's going to be halfway through that parking lot. That may not be very practical for this property, so a Variance might be appropriate. I don't know. That's, again, the same discussion of whether it's just amending the Findings or maybe included with that is a waiver or a Variance request, too. I mean, again, I think we just want a little concrete information before we actually make a decision. Hawkins-Clark: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Does the property owner who has this also own the property to the east, the pasture area? Corrie: Yes. That's that little piece in there. Meridian City Council Meeting April 8, 2003 Page 26 of32 De Weerd: So, I guess another option would be that improvements could be made once that's developed, because they can have parking to the east. There are a number of requests he could do, but I agree when he came in to talk to us at Pre-Council, he didn't really know what he wanted and when we walked away, I don't see anything new on his request, so, from that point. Corrie: Would you like to answer some questions? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Ogden: Yes. Corrie: Name and address, please. Ogden: Address? Corrie: Name and address. Ogden: Oh. Marshall Ogden, 7000 Plano Lane, Boise, Idaho. 83703. I didn't think you guys would be this fast. Corrie: What we kind of wonder is what do you really want to do? We thought we might have you and others get together and make out what you wanted to have done and whether you want to have annexation, with certain things not being -- no sewer, the water, things like that and, then -- so we know exactly what you want and we don't mind what you're wanting, but we don't know what it is yet. Ogden: Okay. I -- you admonished me to contact Ada County. I did. I called three times in three different weeks and no one returned my call and, then, I called -- this is the individual that I was told to call. Then, I called and asked if there was someone else and I talked to them and they said they didn't know, had to find out and get back to me and they didn't. Then, I called somebody else and they -- I said anybody, just let me talk to anybody, and he said that he would get the information for me and he did not call me back. Then, I talked to one individual who had been with Ada County before and now is private. He knew all the people and the next day I got a call and he said he'd find out by tonight's meeting. I called and -- he hadn't given me the information and I called and they said that he was out of town or he wasn't in the office. I said, well -- I told them what the deal was and she said I can do nothing for you. Then, I called back and got ahold of -- my mind slips, but -- what his name was. Anyway, he told me this afternoon, he says there is nothing in the ordinance to address the situation and we don't know how to advise you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Ogden, I know for a person that doesn't do this for a living it is really a different situation and so we are not trying to pass the buck. When we met before, you Meridian City Council Meeting April 8, 2003 Page 27 of32 know, I think what we were trying to get across to you was that the first decision you need to make was whether or not that you wanted to continue to be in the city. Ogden: Right. Nary: Or whether you wanted to de-annex out of the city. Ogden: And I didn't know what to -- Nary: And I understand. De-annexation is not a common thing, but it is a statutory thing, so it's not that complicated and that may have been part of this issue with the county is it may not have been clear to them what you were seeking. If you would continue to -- if you would like to continue to be within the City of Meridian, I think what we have been discussing before you got here was that we are not very clear from the information that we have exactly what it is you're wanting. To try and put some framework around what that is, what we are contemplating doing is continuing this matter for a short time, so that there is an opportunity for you, your potential tenant. The Planning staff to discuss what requirements you have that are imposed upon you by this property being annexed into the city. What, then, needs to be done to make this usable by your potential renters and what parts of those requirements either need to be delayed or when, because they don't fit with what we are trying to do. There is a couple of legal things that we have discussed with the planning staff as to what exactly we need to, then, make a decision if we agree with that or not. Right now all we have is, really, the same information we had the last time we were here, other than it appears you don't want to be de-annexed. You simply want to us to consider which -- our ordinances which apply today we may not apply to you right now, but maybe allow some time period in which to comply with those things. We just don't have enough information to make that decision today. Ogden: Well, I -- you received a letter that I wrote? Nary: No, I don't have a letter. Corrie: When did you write it? Hawkins-Clark: It was in the packets, Mr. Mayor and Council Members, right behind the cover sheet of his application. The handwritten letter. Nary: We didn't have anything in our packet. Bird: We had nothing on the electronics. Ogden: I delineated out what my desires were in that letter. I felt all along that it was, eventually, going to be in the city, the hope would be instead of avoiding -- I mean to avoid all this back and forth. If we could come up with something that would be, you know, compatible with your rules and, yet, doable for us. Nary: Mr. Mayor? Meridian City Council Meeting April 8, 2003 Page 28 of32 Corrie: Mr. Nary. Nary: And this is sort of what we are talking about. We didn't -- we don't have it, we didn't received it in the form we usually get it. We have got it in a written form, but I think what we don't have that we commonly do is a report from the Planning staff to say what their opinion is in relation to the ordinances, whether it complies or doesn't, and a recommendation to us on whether or not we should agree or disagree and, then, we get to make -- Ogden: What should I have done besides send a letter to have that happen? Nary: I don't know. Couldn't tell you. I don't know where -- this letter looks like it went to us, is what it -- it's directed to the Mayor and Council. It doesn't necessarily look one at the Planning Department. It doesn't appear there was any discussion between you, the Planning staff, and maybe your potential tenant as to the request that you're making; is that right? Hawkins-Clark: Mayor and Councilman Nary, no, I mean Mr. Ogden followed the right procedure. I mean he came and got an application, cover sheet for a miscellaneous application, and filled it out. Ogden: I have notarized stuff that -- Hawkins-Clark: He notarized it and we processed it as a standard application. I -- you know, I think we probably just need to take responsibility for not writing a detailed staff report, since we weren't exactly sure what we were amending and what the Council needed to -- I mean he clarified four points in his letter, you know, related to the findings that were tied to the annexation ordinance. Ogden: I spent the morning over there, went through all these papers, made 35 copies, and went and got, you know, all this stuff, for whatever all that meant. I didn't know what else I was supposed to do. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Okay. I guess what Mr. Hawkins-Clark is saying, Mr. Ogden, is that he probably didn't need to do a lot more. They were unclear or were asking and seeking direction from us, what we needed to be able to make a decision on these things. One of the things we needed is, really, their analysis of this in relation to other properties and what the ordinances say. Maybe because he has at least outlined that in his application, Brad, instead of four weeks, maybe two weeks is enough time or do you think even one? I don't know. Hawkins-Clark: I think to get a detailed analysis, I wrote down that what we are looking at was it non-conforming at the time of annexation, is a Variance appropriate. We need Meridian City Council Meeting April 8, 2003 Page 29 of32 to look at specific requirements imposed by the code and which one will the applicant meet and which one will he not. I think we will do a report based on these questions, but we do need two weeks to do that. Ogden: Something must have been done, because I got a letter from the ACL -- whatever it is. Corrie: ACHD. Ogden: ACLU. Corrie: ACLU. Yes. Ogden: And so somebody has done something. I don't know. I -- I don't know. I'm just doing what I -- Nary: Mr. Mayor? Ogden: People tell me to do. Nary: And, Mr. Ogden, it sounds like that, basically, we just -- staff wasn't really sure what you were requesting and this is just kind of different. This isn't something we normally see. I think we all agree this is a little bit out of the norm. They were just needing a little bit further direction. I think Mr. Hawkins-Clark has that direction. I think we are still going to need a couple weeks to get that information back from them, so that we can make a reasoned decision with the best information that we have. Again, you didn't do anything wrong, I think you provided what you could. If they have other questions and try to get that information to us in a report prepared, they may re-contact you, but I think we just need a little bit more -- now they know clearly what we are saying, as well as what our counsel is saying as to what they need to put together in a report. I think we are still going to need a couple weeks. Sorry, again, you know, for the delay, but I don't think we really have an option. I don't think we have enough information tonight for us to make a decision. That's what we discussed a little bit before you came in the room. Ogden: I'm trying to, you know, follow through with good intentions. I contacted a couple of -- I didn't really know the water was out in the road in front of us there and so I contacted people to get estimates of costs of putting water in there, even though we don't need it. Because we have got a well, but you know, something to try to compromise on, you know, facilitating this. What do I need to do from -- Corrie: You need to contact Brad Hawkins-Clark. You two get together -- you can be invited, if you like. What you -- what you want to do. We'll put it down in a form and bring it back here and we can vote on it and get it done for you. We don't really know until he tells us everything is on there. See, you have only -- I don't have it with me, but we think we know what you want, but we don't know for sure. You need to talk to Brad, Brad will print it down for us, bring it back here in one week, or two weeks, I don't know. nd Brad can make that decision. Two weeks. Two weeks. We will come back the 22 of Meridian City Council Meeting April 8, 2003 Page 30 of32 April and we will give you the final decision on it. We know and you know exactly what you want and we know exactly what you want and we will probably give you what you want, hopefully. We won't know until we get this all down. It's kind of disheartening for you, you know, that all this time is being spent, but it's better we do it right the first time, than going back and forth. Ogden: It's just hard for me to make decisions when I didn't have any facts to -- Corrie: I understand. De Weerd: We have the same problem. Ogden: Yes. I just thought I had gone through all the process and I really -- Corrie: All it will cost you now is two weeks. No money, just two weeks of time. Okay. Thanks. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Just to make sure we understand the process, I guess what I anticipate doing is Brad reviewing the application again to make sure he's got all the issues that he wants to look at. Then, the staff may have to look at those things some before they actually -- before Mr. Ogden is -- or Dr. Ogden is contacted, so that -- I mean he can address each one of those particular issues. Then, the staff can finalize a report, which would come, and, then, that report would also go out to Dr. Ogden to look at before the nd 22, so that he can read through it and see what staff is recommending on those issues. Brad, do you agree that that's about the process that we would be looking at? Hawkins-Clark: Yes. That sounds good. I know Mr. Ogden has been working with Dave McKinnon in our office and so there is a working relationship there already and we will be sure to get a hold of you and we will get this nailed down. Corrie: So they will get a hold of you for that. Ogden: Call me if there are any questions before 11:00 at night. Corrie: Okay. We will do it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: You can ask Dave to maybe help facilitate getting an answer from Ada county, so we can at least know what the choices are, even for Mr. Ogden. Meridian City Council Meeting April 8, 2003 Page 31 of32 Nichols: Mr. Mayor, Members of the Council, and, Brad, I think the issue is if it's de- annexed, will he have to go through some sort of re-zoning application with the county with regard to that property. If that's the case, what would he be looking at in time requirements, conditions, those -- I think that's probably -- Ogden: That's the question I asked them. Nichols: And since -- even though it's in the statute, you know, nobody's done it since Jess Hawley was governor, so, you know, nobody knows how to de-annex or what happens to a piece of property. Ogden: Well, I was counting on you guys all being intelligent and elected officials to tell me what to do. Corrie: That's an oxymoron, maybe. Okay. It could be an oxymoron. Okay. I will entertain a motion, then, to continue this Public Hearing, then, until the -- I'm sorry. Yes. Come up, please. Your name again. Blake: Oh. Kim Blake. On Green Meadow Court. My question is is there something -- can we continue to use this as a business in the meantime, like it was in the past, or does the land just need to sit idle, then, until -- Nichols: Mr. Mayor, Members of the Council, that's what's caused the whole thing. We have got to get a handle on what has to be done in order for this property to be occupied as a business. I don't think we have answered the question adequately yet, Mr. Blake. Blake: Okay so, we can't even continue the way it was, then? Nichols: Well, that's the issue, is the way it was when it was a Podiatry Building or -- Blake: Right. Nichols: And that's one of the things we have got to look at. That's why we are talking about non-conforming uses, which are treated differently than non-conforming structures, and those sort of things. Unfortunately, we are just going to have to sort it out and, you know, there may be Fire Code issues for, you know, whatever reason, too, that -- because the building was vacant for a period of time, as I understand it. It was not used as a commercial business for a while? Blake: For a short time. Nichols: A couple months. Okay. Less than a year? All right. That's the -- that's part of the record, then, is less than a year, so we will look at that part, too. Blake: Okay so just, hold off? Corrie: Yes, please. Meridian City Council Meeting April 8, 2003 Page 32 of32 Blake: Thank you. Corrie: Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move that we continue Item 13, Public Hearing MI 03-004, the request to amend conditions of annexation for the Podiatry Building by Marshall Ogden at 1065 Fairview Avenue to our April 22, 2003, meeting. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? All those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Sorry. We will get through this yet, Mr. Ogden. Okay. With that, I -- if there is nothing else, I will entertain a motion to close the regular Public Hearing -- or, excuse me, close the Regular Meeting of the Council. Nary: So moved. Bird: Second. Corrie: Motion made and seconded. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Close at 8:40. MEETING ADJOURNED AT 8:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK