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HomeMy WebLinkAboutDecember 5, 2002 Meridian Planning & Zoning December 5. 2002 Page 6 of 74 Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES Item 5. Public Hearing: MI 02-009 Request for adjustment 0 f a rea 0 f impact between the cities of Meridian and Boise in an RUT zone for Winston Moore by Winston Moore - northwest corner of North Eagle Road and East Ustick Road: Borup: The next item is Public Hearing MI 02-009, a request for adjustment of the area of impact between the cities of Meridian and Boise in an RUT zone for Winston Moore, located at the northwest corner of North Eagle Road and East Ustick Road. I'd like to open this Public Hearing at this time and, again, start with the staff report. Siddoway: Thank you, Mr. Chairman, Members of the Commission. The subject property is along Eagle Road north 0 f Ustick outlined in black there. That parcel is currently in the Boise area of impact. This miscellaneous application is to modify our area of impact to allow this parcel to come into the City of Meridian's area of impact. I guess that's the only slide I have. You should have a letter from Tye A. Ketlinski. I was told he's in the audience tonight and I'm going to allow him to address the issues in his letter. I would simply point 0 ut you do not have a staff report 0 n this one, if you're searching for it. This issue has been before the Meridian City Council, as well as the City of Boise's City Council, and has basically received approval -- tentative approval from each body. Specifically, they went before the City of Boise in February of 2001, just under two years ago now. It was presented to them. We do have a letter from Mayor Coles on Boise letterhead basically stating that they have reviewed the request and are in agreement with it. At that time, the city was unwilling to provide -- the City of Meridian was unwilling to provide a will-serve letter. As of September of this year, there was a letter dated September 9th from Mayor Corrie of the City of Meridian stating that we will agree to serve that property with city services. Basically, both cities are in agreement at this point with this -- with the inclusion of this parcel into Meridian area of impact and staff recommends approval of the application. I will stand for any questions. Centers: Mr. Chairman. Steve, basically, what we are saying is that we will serve it with services, if and when we can annex it and it becomes contiguous to another city property? Siddoway: That is correct. I'm going to let Bruce address that one. Freckleton: Commissioner Centers, Members of the Commission, the City of Meridian is in the process of constructing the South Slough Sewer Trunk. That trunk line will be bringing sewer out onto Ustick Road and right across the frontage of Mr. Moore's property. He owns this property as well. Our sewer and water -- we have water down Ustick Road already. Sewer will be going right in front and so services will be able to be provided from Ustick Road. As far as the boundary lines -- the existing boundary lines, Summerfield Subdivision is in this area right here. There is a proposed development Meridian Planning & Zoning December 5, 2002 Page 7 of 74 here. We have not had the application formally approved. There are other properties in the neighborhood around here that have expressed interest in annexation as soon as the route of annexation opens up. This property on the corner is the Caven parcel that you heard several months a go so it's the logical progression of the city out into this corner. Centers: Yes. Bruce, wasn't this annexed because of being contiguous across the street with Wal-Mart? I remember that. What was this? Zaremba: This is by Summers Funeral Home. Centers: Okay. Okay. Not to steal Mr. K ellinski's thunder, but a II we are deciding tonight is that, yes, we will agree to provide services, because we will have them available, if and when it's annexed. It would have to be contiguous to be annexed. Some of the things in Mr. Ketlinski's letter can't be dealt with at this time. True? Siddoway: That's true more specifically, this application tonight -- sorry, Bruce. This application tonight is to amend the area of impact. Centers: Right. Right. Siddoway: A nd many 0 f t he issues in the letter would be dealt with upon a n actual development application on the property. Centers: And annexation and -- Borup: Annexation and zoning and a Development Plan. Centers: Right. Thank you. Borup: Okay. Okay. Anything else? Would the applicant like to make any additional presentation? Seel: Good evening. Jonathan Seel, 600 North Steel head in Boise, Idaho. W.H. Moore Company. For what it's worth, I will stick this up here. That depicts the area that Mr. Moore owns. Something else, first that I'd like to pass out I think it depicts this a little bit better. This is the actual area of impact that we are talking about. It's a little bit smaller. What I just wanted to mention, I have given you an eight and a half by eleven - - you can see the crosshatched area is the actual area we are talking about. The issue, as I understand it tonight, is simply to modify the area of impact to include this land within the City of Meridian or within the Meridian impact area and take it out of Boise. As Steve says, back in, I believe, 2001 City Council for Boise and Mayor Coles said it was a fair and reasonable request. We have since then met in a renegotiation meeting with Ada County and the City Council for Meridian and they feel it's reasonable. What has already been addressed is we have been provided with a will-serve letter, which says at the time that services are available we will have that. That's really, in my Meridian Planning & Zoning December 5, 2002 Page 8 0174 understanding, not an issue tonight and we will also agree to consent to annexation at the time it is available so we will not oppose it. Tonight we are simply here just to -- as you can see, this area right approximately here, this is Eagle Road, this is Ustick, Mr. Moore owns this land right here kind of in this purple area and it's this area right here that is currently within the City of Boise that we are talking about. Any further work with this as far as the annexation and rezone, we will come back for an application at that point. Hopefully, that clears that up so I'm glad to answer any questions. Borup: Any other questions for Mr. Seel? Zaremba: I'm just assuming the point is to unify the property and deal with one city. Seel: Exactly. We have got 58 acres and it's a little difficult to have a project in there where part of it might be within the City of Boise, and part of it's in the City of Meridian. Where do you stop sewer for one and start sewer for another, police, fire, and the various other things. Yes, we feel that this would be the most beneficial all the way around and, obviously, Boise feels it makes the most sense, too. We had a hearing and that hearing with the City of Boise P&Z formally was set for next Monday, December 9th. Unfortunately, we did not advertise this within the two-week period, so there was concern about that. It's now been postponed until January 13th. It w ill be heard on January 131h in front of P&Z and go on to City Council, so-- Centers: That's really the biggie. They have got to release it. I think it's a real plus for us, but that's your main hurdle, I suspect. Seel: Well, Commissioner Centers, I don't think it's really a hurdle at this point. I think they have indicated to us that -- as they say in the letter, it's fair and reasonable is the term they use. We don't see any opposition. I have talked to Wayne Gibbs about it, too, and no one has at this point opposed it. In fact, my verbal communications with the city so far is they don't -- there has not been any opposition. Yes, formally, it hasn't, but I think if you're a betting man, I think it's going to go through. Centers: Of course, the letter is dated almost two years ago. Seel: Yes but we have talked to them and resubmitted and since then we have talked to them and they are aware of the reason why it was postponed. They are still in support of it. Thank you very much. Borup: Do we have anyone else to testify on this application? If so, come forward at this time. Now is the time. Ketlinski: Mr. Chairman, Commissioners, Mr. Attorney, I'm Tye Ketlinski. I wrote the lette r. Borup: You might need to get the mike up a little closer. Meridian Planning & Zoning December 5. 2002 Page 9 of 74 Ketlinski: I'm Tye Ketlinski, I wrote the letter to the Commission regarding some of the citizens concerns in the Jasmine Homeowners Association, which is just north of this parcel. You didn't steal my thunder per se I know that we are not addressing the issue of what they are going to do with this. Quite frankly, the people that I represent realize that change is inevitable and I don't think I would want to be in Boise either. With that, I just wanted ton ote that my I elter I think p relty much explains the concerns. I think everybody's fright is that their house in a nice area as this, is going to end up with a Wal-Mart next to it with two trillion watts of candle power flashing into their bedroom window every night. I just wanted to come, express my concern on behalf of at least three of the residents of the Jasmine Homeowners Association, and just say that we do have some concerns about the future of this particular parcel. If there are no questions, I'll have a seat. Borup: Any questions? Centers: Mr. Chairman. I think you're fortunate to have a quality developer and I would highly recommend that when the development starts, that you have your neighborhood meetings. We highly encourage that, with the developer, and that's when you do your talking about, you know, the lights that you mentioned and you get things ironed out. Ketlinski: With all candors, I did have a conversation today on the telephone with Mr. Seel -- Centers: Good. Ketlinski: - and he explained to me what their -- he was willing to sit down, at least with the neighborhood association, and talk about what may go on that property. Borup: And there will be notification both when it comes time for annexation and zoning and any development, all that would be notified and we -- as Commissioner Centers said, we want to see 0 n projects 0 f certain sizes, we want to see the neighborhood meetings. Right now we are encouraging it and soon we are going to be requiring it, I believe. Ketlinski: Well, I appreciate that and I appreciate the opportunity to speak. Zaremba: I would just say I noted as I read through your letter that the homeowners association is split between the two cities. We would welcome those that are not in Meridian to try and join Meridian in the same process that we are going through right here. Ketlinski: And I think they are considering that, because they want to be in Meridian as well. Thank you. Centers: Are they in the City of Boise now, though? Meridian Planning & Zoning December 5. 2002 Page 100174 Ketlinski: I think they are in the area of impact. Borup: Are they still in Ada County city limits of Boise? Centers: That's the way I read it. Borup: That surprises me. Zaremba: Well, I don't think we will ever get them back if they are actually in the city, but -- Borup: Okay. Yes. If it's in the city limits, then, I think so. I think it's -- I was assuming it was just area of impact. Ketlinski: I think it was three years ago. I'm not sure now. I can't -- Borup: Okay. That's for them to research. Thank you. Do we have anyone else on this? Okay. Seeing none, Commissioners? Zaremba: Mr. Chairman, I move the Public Hearing be closed. Rohm: Second. Borup: Motion and second to close the Public Hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES Centers: Mr. Chairman, I would recommend approval of Item 5 on our agenda, Public Hearing MI 02-009, request for adjustment of area of impact between the cities of Meridian and Boise in an RUT zone for Winston Moore by Winston Moore, northwest corner of North Eagle Road and East Ustick Road, with applicable staff comments. Mathes: Second. Zaremba: Motion and second. All in favor? Anyopposed? Thank you. MOTION CARRIED: ALL AYES Item 6. Public Hearing: MI 02-011 Request to remove certain parcels in Dunbar Estates Subdivision from City of Meridian's area of impact for Packard Estates Dev., LLC by Packard Estates Dev., LLC - south of East Ustick Road and west of North Cloverdale Road: Borup: The next item is Public Hearing MI 02-011, request to remove certain parcels in Dunbar Estates Subdivision from the City of Meridian's area of impact for Packard Estates Development, LLC. They are trying to do just the opposite.