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HomeMy WebLinkAboutApril 15, 1997 CC Minutes' '~ Meridian City Council April 15, 1997 Page 21 ITEM #14: REQUEST FOR APRELIMINARY/FINAL PLAT FOR TEN MILE SQUARE BY ALBERTSON'S 1NC.: Corrie: Is there a representative from Albertsons here tonight that would like to give testimony first? Anderson: My name is Gordon Anderson, I live at 3978 W. Aspen Creek Court, Meridian. I represent Albertson's Mr. Mayor and Councilmen and Staff. This is a subdivision plat that we had approved at one time and got a one year extension and then also let that one year extension expire so we want to continue with the project and go through the final stages. So we are here to submit . it as a preliminary/final application. Since we first started the project there has been some easements that have been developed and they are in the process of being signed and recorded. They have been drafted up. Albertson's intends to comply with all City ordinances, I know that one of the ordinances that is being dealt with right now is the lighting. The lighting fixtures have been ordered and they are supposed to be in delivery this week and then installed next week is what I understand. I can't promise that, I know they are on their way. When I look at the general comments and the site specific comments that Bruce Freckleton put together we found out through the development of the store that some of the easements weren't really needed and we knew that early on when we were going into the platting process back in 1995. To demonstrate that some of the utilities weren't really concerned with the easement they drafted some letters and sent them to myself and Albertson's stating they didn't have a need. We wanted to see if we could have that site specific comment number 1, item 6 removed from the site specific comments. Other than that we are going to revise the mylars for the final plat to the city's comments. Also comply with the other city ordinances. Does anybody have any questions that I can answer? Corrie: Any questions? Thank you Morrow. Mr. Mayor, I have a question for Gary Smith, first off your comment about item 6 that Mr. Anderson wishes to have stricken from the plat, the public right of way the 10 foot wide easement. Smith: Councilman Morrow, Mayor and Council, I think if we have a comment from the utilities that they don't need that easement that certainly can be removed. Morrow. What format would that come in, would we solicit that or is that up to the applicant to (inaudible). Smith: (think the developer's engineer or surveyor could solicit that information for the utilities. Rountree: I guess I have a question along those lines Gary, is that easement there now or is requested to be. .--+ . ~ • ' Meridian City Council April 15, 1997 Page 22 Smith: It is requested to be so it is part of the plat. Rountree: It hasn't already been established? Smith: No Rountree: Okay, so there wouldn't have to be a vacation. Morrow. The second issue that I wish to address is that there were major discussions at the time this was originally going through with respect to sewer. One time we were led to believe that this was going to be a one lot development and no further development was going to occur on that site. Is that, the private sewer line was going to be okay given that issue. Can you bring us up to speed with where we are at with all of that and those original findings? Smith: It taxes my memory a little bit on the development of that parcel of ground but I believe that the plat was discussed prior to the development plans for Atbertson's being submitted to us. So the plat is, the two lot plat has been discussed for several years 1 guess you could say. At this point Albertson's has granted an easement for extension of sewer to the Lovan property and they have granted an easement for extension of water service to Lovan's property. They have installed those service lines and they have as I understand it they have entered into an agreement with Lovan to reimburse for him to reimburse Albertson's a percentage of the cost for the installation of the sewer and the water services. Morrow. My question is also, I understand the Lovan issue. My question now is with lot 2 or what could be lot 2. The sewer service to lot 2 then would also be a private sewer service is that correct? Smith: Yes Morrow. So my point is that the City of Meridian has no liability for any of those services pas the property line is that correct? Smith: We have no liability for the sewer service from the manhole and Ten Mile Road. We have liability for the water service up through the water meter on, well l think the water meter for Lovan's property is just off of Cheny Lane Road and I don't know where the water meter is for Albertson's. I think it comes off of Ten Mile Road. But we have no liability for any of the services on the property on Albertson's property that are not in an easement. Let me back up, the liability for the water services are through the meter and that is typical for any of our water services. We have no responsibility for the sewer service from the public main line. That is in accordance with what our ordinance says. i Meridian City Council April 15, 1997 Page 23 Morrow. My next question in terms of the water system is that for lot 2, the location of the meter is that location and access to that -meter protected by some sort of easement to the City or is that a requirement of the plat. How do you handle that service? Smith: The meter for lot 2 will need to be located if it isn't already located off of Ten Mile Road probably adjacent to the meter that exists for Albertson's food store. I am not sure how the water comes into lot 2. Morrow: So that is within our pubdctogbe oconcerned about etasements to lot 2 forf that the meter on then we don't nee service. That is an issue within the plat that the owners have to take care of? Smith: Right Morrow. Thank you, I have no further questions. Come: Any further questions of the Council? I will entertain a motion for the request. Rountree: Mr. Mayor, i would move that we approve the preliminary plat for the Albertson's Inc. Subdivision subject to all conditions of staff, ACRD. Morrow: Second Come: Motion is made by Mr. Rountree, second by Mr. Morrow to approve the preliminary plat for Ten Mile Square as stated, any further discussion? Crookston: I think the application is to have the preliminary and final plat approved. Rountree: I understand that Wayne and I guess for discussion purposes there are some outstanding questions about how some of this stuff is going to be done. I think that staff ought to have an opportunity to review the preliminary unless they are comfortable with the preliminary as submitted two years ago. Morrow. And I understood that in terms of the second. Smith: Mr. Mayor and Council members the preliminary was resubmitted to us with the final, it was a combined submittal. We have made comments Rountree: So your comments are for the final as well? Smith: Yes Morrow. Question in terms of your amending the motion and we had item 6 that needed to be verified by the power company. So do you wish to restructure the motion or do you Meridian City Council April 15, 1997 Page 24 wish to restructure the motion or do you wish to leave it as a preliminary and then have the staff research that and then deal with the final at the next meeting? Smith: Mr. Mayor and Council, we can handle the final plat if you want to condition your approval upon our receipt of letters from the utility companies stating that they do not require that 10 foot easement. Morrow. My question to Mr. Rountree would be do you wish to amend that comment or do you want to start over? Rountree: I think I will start over. Morrow. I withdraw the second. Cowie: Do you want to retract your previous motion? Rountree: Mr. Mayor, f want to rescind my previous motion. Cowie: Is the second rescinded? Okay Rountree: Mr. Mayor, I move we approve the preliminary and final plat for this application subject to all staff conditions and receipt of relinquishment of the need for public utility easement adjacent to Cherry Lane I believe and Ten Mile. Morrow. Second Cowie: Motion made by Mr. Rountree, second by Mr. Morrow on the motion that was presented, any further discussion? Hearing none, all those in favor? Opposed . MOTION CARRIED: All Yea Cowie: Before we get into Department Reports gentlemen my City Clerk tells me we do need to go back and approve the findingctio f~ th Middlecschool academy item #6 on the conditional use permit for the constru Morrow We didn't do that at our last meeting? Mr. Mayor 1 would move that we approve the findings of fact and conclusions of law as given to us by P & Z for the conditional use permit for Meridian school academy by the Joint School District No. 2. Tolsma: Second second by Mr. Tolsma to approve the findings of Cowie: Motion made by Mr. Morrow, fact and conclusions of iaw as presented to us by the Planning and Zoning, any further discussion? Roll call vote