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HomeMy WebLinkAboutJanuary 5, 1999 C/C Minutes e e Meridian City Council January 5, 1999 Page 28 Corrie: Council, I'll entertain a motion as far as the development agreement then in this case. Bird: Mr. Mayor, I move that we (End of Tape) I move that we take item 16 the dev~lopment agreement for Olson Bush Industrial Park off the agenda. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley that we take item number 16 the development agreement Olson Bush Industrial Park off the agenda. Any further discussion? Hearing none, all those In favor of the motion say aye. MOTION CARRIED: All ayes. 17. ORDINANCE #812 -ANNEXATION AND ZONING OF OLSON BUSH INDUSTRIAL PARK: Corrie: Mr. Gigray, comment. Gigray: Again Mr. Mayor and members of the Council, as a safety valve I would appreciate this being maybe sponsored and maybe put on the agenda and make sure the Public Works is happy with the legal description. Rountree: Mr. Mayor I have a question for Gary. Had you had an opportunity to look at the legal description on this one? Smith: Mr. Mayor and Council members, Councilman Rountree, I think have - I think my associate has reviewed this. We've been to be pretty careful with these, and we are requiring that they be submitted by a licensed land surveyor as one of our ordinance requirements. But I can't say for certain. I will make sure that I check that so that on your second reading I will have that verified. Bird: Mr. Mayor I move that the Meridian City Council pass Ordinance #812 annexation and zoning of Olson Bush Industrial Park and for the public readings of tonight 1/19/99 and 2/2/99. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to have Ordinance #812 first reading 1/5/99. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. e e Meridian City Council January 5, 1999 Page 29 Corrie: Mr. Clerk would you read Ordinance #812 title only? Berg: Thank you Mr. Mayor. (ORDINANCE #812 WAS READ TITLE ONLY) Corrie: Okay that concludes the first reading of Ordinance #812. The second reading to be January 19th, 99. Before we start on the public hearings, I'll entertain a motion to have a ten minute recess. Bentley: So moved. Bird: Second. Corrie: Motion made and second. All those in favor say aye. MOTION CARRIED: All ayes. (TEN MINUTE RECESS TAKEN) 18. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR GENERAL AUTO REPAIR & SERVICE BY JOHN BISS - WEST OF MERIDIAN ROAD: Corrie: I'll open the public hearing and at this time I'll have staff give a report. Stiles: Mr. Mayor and Council you requested that this be placed back up for a public hearing because of some of the issues that remained with the extension of Pinwood Street. The (inaudible) of the entire parcel of property that was not shown on the conditional use permit and Mr. Biss is here tonight to answer any questions you may have. Corrie: Since this is a public hearing, I invite the applicant's representative to speak. Name and address please. Biss: It's John Biss, current place of business is 1334 E. First Street, Meridian. Corrie: Okay anything you want to tell us about your request? Biss: Just answer your questions you got. Corrie: Council, questions of Biss? Rountree: Mr. Mayor, Mr. Biss and Shari as well, I think one of the biggest issues we had was the landscaping and the setback or buffer strip if you will on that particular . -- ITEM NUMBER: 17 AGENCY REQUEST: ORDINANCE #812 - ANNEXATION AND ZONING OF OLSON BUSH INDUSTRIAL PARK COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: {1/q q l/lV( /qq -to ~/V ~i lOJ6Yfr l S1 r All Materials presented at public meetings shall become property of the City of Meridian. llu!qq ~ 12~ ~ e e Meridian City Council January 5, 1999 Page 27 guy did his, three stores down the next guy did his, and they would like to see if and when it ever got done that it be done from Eagle Road in a continuous manner until you got to another open space. And do when I post the owner of the property will post a letter of credit and is Meridian City the beneficiary of that letter or is it more specific Nampa Meridian? Bird: The City- Robnett: And the other plans and specifications the other requirements that were on there, then I submit those to Shari Stiles or the building department? Bird: Public Works. Robnett: Just that you and I have gone over it and everything is pretty much okay, but there was a request in there for submitting a set of plans. Stiles: Are you talking plans for the ditch itself? Robnett: No, plans for the building to check our setbacks - Stiles: That's done, it's in place, everything else is -- Robnett: Fine, okay. Corrie: I have one question for Mr. Rountree. Your insertion that under the jurisdiction of the U.S. Army Corps of Engineers the developer provide the size which would be 48 inch or greater post a significant bond. Is that just a letter from him say it would be? Is that what you are asking? Rountree: Yeah if he could provide a letter from an engineering firm or Idaho Transportation Department if they do the study and say it needs to be 60 inches. That's public record if you could supply that to the City. That would be great information. That wouldn't cost you more than a phone call. Robnett: Weill might do that - I looked I mean I've been out there for five months looking at that project, and I too just have an opinion. But it looks like if you put a 36 inch pipe with no irrigation in there, it would be half full right now today. So there's a significant amount of water going through there. Thank you. Bird: Thank you Ray, 16. DEVELOPMENT AGREEMENT - OLSON BUSH INDUSTRIAL PARK: e e Meridian City Council January 5, 1999 Page 28 Corrie: Council, I'll entertain a motion as far as the development agreement then in this case. Bird: Mr. Mayor, I move that we (End of Tape) I move that we take item 16 the development agreement for Olson Bush Industrial Park off the agenda. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley that we take item number 16 the development agreement Olson Bush Industrial Park off the agenda. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. 17. ORDINANCE #812 -ANNEXATION AND ZONING OF OLSON BUSH INDUSTRIAL PARK: Corrie: Mr. Gigray, comment. Gigray: Again Mr. Mayor and members of the Council, as a safety valve I would appreciate this being maybe sponsored and maybe put on the agenda and make sure the Public Works is happy with the legal description. Rountree: Mr. Mayor I have a question for Gary. Had you had an opportunity to look at the legal description on this one? Smith: Mr. Mayor and Council members, Councilman Rountree, I think have - I think my associate has reviewed this. We've been to be pretty careful with these, and we are requiring that they be submitted by a licensed land surveyor as one of our ordinance requirements. But I can't say for certain. I will make sure that I check that so that on your second reading I will have that verified. Bird: Mr. Mayor I move that the Meridian City Council pass Ordinance #812 annexation and zoning of Olson Bush Industrial Park and for the public readings of tonight 1/19/99 and 2/2/99. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to have Ordinance #812 first reading 1/5/99. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. . e Meridian City Council January 5, 1999 Page 22 of Fact and Conclusions of Law and Decision and Order of denial. As you will see by going through this the Finding which is the most relevant with regards to your action has to do with the finding regarding the compatibility of this particular zone request as being inconsistent with the Comprehensive Plan of the city and that is contained in finding number 16. The other findings that are here are consistent with the information which in 17 also deals with the inconsistency which has to do with the designation of this property on the Comprehensive Plan generalized land use map which shows presently single family residential. As a condition of zoning is that the zoning has to be in conformance with the Comprehensive Plan. Corrie: All right. Any other comments from staff? Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law and Decision and Order of denial for the application for annexation of Queenland Acres, Inc. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the Findings of Fact and Conclusions of Law and Decision and Order of denial on the request for annexation and zoning of Queenland Acres, Inc. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. MOTION CARRIED: ALL YEAS. 15. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF .96 ACRES (OLSON BUSH INDUSTRIAL PARK) BY RAY ROBNETT - 3036 LANARK STREET: Gigray: As I recall my comment on this one is that there was a question concerning whether or not this would require a development agreement or whether or not it would be subject to approval of the site plan. We went ahead and prepared one just in case. (Inaudible) Bird: Mr. Mayor I was under the impression that we had done the same - this is already developed subdivision. I didn't think it went with the development agreement which I realize is the next agenda item. It says in here that on 3.14 that this is contingent upon a development agreement, but I thought we had waived that. I might be wrong. . e Meridian City Council January 5, 1999 Page 23 Corrie: I think we wrote it here that the applicant complies with all the city requirements. Such agreement will not be needed. I think he has in this case. Bird: 3.14 a development agreement should be required as a condition of annexation. Corrie: Shari any other questions of staff? Stiles: Mr. Mayor and Council, I think the only real issue that remained on this was the ditch issue and having staff and the applicant get together and work with whoever is in charge of that drain to determine the best course of action for future piping or non piping of that entire drainage area. That was the only ordinance requirement that there seemed to be a question on. Rountree: Shari or Gary refresh my memory so I can have it on tape, what's the size of pipe that we've normally deferred requiring tiling on? Is it 48? Stiles: It's 48 inch, and I think Nampa Meridian said it required a 36 inch pipe, but we still have questions about the recharge from the ground water in that I don't think Nampa Meridian even knows what kind of flow they really have. Rountree: I'm sure they don't. Bird: Mr. Mayor. Shari I don't believe that is not an irrigation ditch. That's a drain ditch isn't it that runs down there? There's water running in it year round. Stiles: It is - Bird: Something to do with the aquifer and stuff like a lot of the ground water coming to it and it fills. Stiles: It may be that some of the property owners in that area want to pipe it so they can reclaim that area because it is so deep and it does take - if they elected they could use that area, but I don't know that the staff would recommend doing that at this time without doing some research into it. Bird: I thought somebody said something about we needed to get the engineer of BLM or somebody in there to find out about that. Was it you Gary that mentioned that we need to get or Charlie? Rountree: I did and I don't know if that's been investigated either by Gary or Mr. - Smith: As I understand it it's not under the jurisdiction of the Corps of Engineers. Bruce Freckleton checked with Corps and it's not theirs. e e Meridian City Council January 5, 1999 Page 24 Bird: Whose ditch is it Gary? Smith: Well Nampa Meridian claims jurisdiction on it as far as maintenance goes, and you're right Councilman Bird. It is a subterranean drain and it is called the Evans Drain and it does have water in it year round and that's its function. If it was ever piped the pipe would need to be water gathering pipe, rather than just a water conveying pipe. At this point we don't really know what size pipe it would take. Nampa Meridian has said at one time that they did know. Then we received correspondence not too long ago from them that they don't know. I've asked for a clarification on that from their superintendent, but I haven't heard anything from him yet. Bird: Gary, in your professional opinion do you think 36 inch pipe would handle that? That's a pretty- Smith: I guess opinions are plentiful and everyone has one. Bird: We can all be lawyers and have all kinds of opinions. Smith: I don't know that I could add any value to the conversation by venturing one Councilman Bird. I really don't know. The highway department, ITD, saw fit to reportedly install a 60 diameter culvert under Eagle Road, and I'm sure that they did that for some reason, and I don't know what it was, but for Nampa Meridian to come back and say we could do this in a 36 diameter pipe, I'm not sure what that comment is based upon. Bentley: As I stated in the previous meeting, we've already gone to the extent of having people bond. RC Willey's bonding for the same ditch, and I think that's the only thing we can do until we find out for sure what the requirement is going to be. Smith: Mr. Mayor one other thing that I might just toss out on the table. We are dealing with Nine Mile Drain to the south and west of this site, and on that drain because it was under the Corps of Engineers jurisdiction, we were very specific that no piping was allowed because of the reason that it is a drain, that it is accepting subsurface subterranean waters, and I don't know. There may have been some wildlife issues. I don't recall that specifically, but I do know that the Corps was very specific about not allowing it to be piped, and in looking at the two ditches, this is Evans Drain is much more of a drain than the Nine Mile Drain is at that point. Corrie: Any other questions? All right I'll entertain a motion. I need to ask Mr. Gigray is that 3.14 need to be in there or taken out? ---., . e Meridian City Council January 5, 1999 Page 25 Bird: It's pretty clear Mayor. It says that as long as he complies with the city ordinance that we don't need a development agreement which the next item we would probably take care of that anyway. Gigray: I would need some direction from the Council because if you choose not to go with the development agreement route and you're determined to go the other way, then you're going to want to change part three of the decision and order because it says that the developer will enter into a development agreement and then there are all these series of conditions here. If this were a matter of presenting site plans for approval by Planning and Zoning, you could use the same language we used in the other one and you would just direct as part of your decision that that introductory phrase would be changed to that other language and then I would just resubmit this with that other language in there. In other the site approval by Planning and Zoning is - this was another one where it was submitted to either go by site approval or development agreement. Bird: We had approved to go by site development in the original had we not? Okay my motion has to delete the development agreement? Gigray: Yeah, you would just part three the introductory phrase here of the decision and order you would - Rountree: Mr. Mayor related to the discussion that we had about the piping, I'm not so sure that required piping is a good idea in that particular body of water, but to clarify the point in the findings, I would recommend that on page 5, item 16.12 last sentence of that paragraph, the first recommendation would be to spell Corps correctly. Spell check didn't catch that one. The last line engineers or the developer, insert or the developer provides an engineering study that the tile size would be 48 inches, tile size would be 48 inches or greater, or (inaudible) sufficient bond for future tiling. Make the same verbiage change on page 21 paragraph 3.12. Gigray: Yeah. Rountree: I'm giving the owner some more options. (Inaudible) Rountree: Mr. Mayor I move that we approve the Findings of Facts and Conclusions of Law and Decision and Order granting application for the annexation and zoning for the applicant Ray Robnett 3036 Lanark Street deleting all references to development agreement and inserting the appropriate language that would substitute for the development agreement lead ins and including the verbiage changes in paragraph 16.12 on page five paragraph 3.12 on page 21. e e Meridian City Council January 5, 1999 Page 26 Bird: Second. Corrie: Okay motion made by Mr. Rountree second by Mr. Bird to approve the Findings of Fact and Conclusions of Law and Decision and Order granting application of annexation and zoning on item number 15 with the deletions and insertions of the appropriate language as made in the motion. Gigray: Mr. Mayor point of information just to ensure that I would be following the action of the Council, what I would propose to do then would be to change the phrase in part three of the decision and order to read detailed site plans are to be prepared by the applicant of any improvement upon subject real property be reviewed and approved by Planning and Zoning Commission which plans will be complied with as follows and then it would just be that list. If that's what you wish to do. Rountree: I think it's superfluous and redundant that it cites "development" but yeah. That would be correct. (Inaudible - off the microphone) Corrie: You're not going to change anything. You just want to comment on it. Any further discussion on the motion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Robnett: Yeah, just to keep me from having to call Shari up at 8:00 in the morning and explain all this to me. So I have the option of posting a bond for the ditch. I don't feel that it's economical to hire somebody to go out there to do a study. We've got everybody from we don't want the ditch tiled at all to a 60 inch pipe; is that correct? So that I can just post a performance bond for it. Now I have spoken with the gentleman at Nampa Meridian Irrigation, Bill Henson, and what their standard requirement is for that ditch is 36 inch concrete reinforced non-jointed fabric cloth gravel packed pipe. It's not just a matter of throwing in a 36 inch pipe. They want the water to be able to infiltrate. They want it semi-purified when it comes in and everything, and I've done this very elementary. I went to the gentleman. He's very aware of the project. He knows exactly where I'm at. He's been out there, and with that information I went to MASCO, who is a reputable contractor here in town and got them to give me an estimate on doing all of the above. Concrete reinforced pipe, gravel pack, filtration, cloth and everything. Can I use that estimate based on if it's tied to lot and block and width of the lot. There was some indication that it needed to go 20 feet passed and I asked Nampa Meridian and they said no, that's not their requirement. They're not even actually requiring the ditch to be covered at this time. They did say that they would find it very cumbersome if one e e Meridian City Council January 5, 1999 Page 27 guy did his, three stores down the next guy did his, and they would like to see if and when it ever got done that it be done from Eagle Road in a continuous manner until you got to another open space. And do when I post the owner of the property will post a letter of credit and is Meridian City the beneficiary of that letter or is it more specific Nampa Meridian? Bird: The City- Robnett: And the other plans and specifications the other requirements that were on there, then I submit those to Shari Stiles or the building department? Bird: Public Works. Robnett: Just that you and I have gone over it and everything is pretty much okay, but there was a request in there for submitting a set of plans. Stiles: Are you talking plans for the ditch itself? Robnett: No, plans for the building to check our setbacks - Stiles: That's done, it's in place, everything else is -- Robnett: Fine, okay. Corrie: I have one question for Mr. Rountree. Your insertion that under the jurisdiction of the U.S. Army Corps of Engineers the developer provide the size which would be 48 inch or greater post a significant bond. Is that just a letter from him say it would be? Is that what you are asking? Rountree: Yeah if he could provide a letter from an engineering firm or Idaho Transportation Department if they do the study and say it needs to be 60 inches. That's public record if you could supply that to the City. That would be great information. That wouldn't cost you more than a phone call. Robnett: Weill might do that - I looked I mean I've been out there for five months looking at that project, and I too just have an opinion. But it looks like if you put a 36 inch pipe with no irrigation in there, it would be half full right now today. So there's a significant amount of water going through there. Thank you. Bird: Thank you Ray. 16. DEVELOPMENT AGREEMENT - OLSON BUSH INDUSTRIAL PARK: