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HomeMy WebLinkAboutMinutes~ ~ MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 36 Corrie: Motion made and second to close the public hearing on item 13. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay I'll entertain a motion on the request for variance for time extension. Rountree: Mr. Mayor I move that we grant a one time one year extension for what is now being called Packard Subdivision No. 2. Bird: Findings? Rountree: And the City Attorney prepare Findings of Fact and Conclusions of Law and Decision and Resolution to reflect that approval. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the request for variance time extension for one year for Packard Subdivision which is now No. 2 and order the City Attorney to draw up the Findings of Fact and Conclusions of Law and the proper order on the acceptance. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 14. PUBLIC HEARING: REQUEST FOR VARIANCE FOR PRESSURIZED IRRIGATION IN MAWS NO. 3 SUBDIVISION BY TEALEY'S LAND SURVEYING - NORTH OF PINE AND WEST OF ADKINS AVENUE: (ATTORNEY TO PREPARE FINDINGS) Corrie: At this time I will open the public hearing and hear from the staff on this request for variance. Siddoway: Mr. Mayor and members of the Council, Maws No. 3 Subdivision is located here near the intersection of Pine and Locust Grove. The existing phases of Maws addition numbers one and two are adjacent to it right here. Maws No 3 is this linear row of lots right here. It's adjacent to Danbury Fair Subdivision, and the applicant tonight is for a variance to the requirement for pressurized irrigation. Condition 2.20 of the approved preliminary plat states that City Council will have to review a variance request to this requirement to provide pressurized irrigation so this application before you tonight is in response to that condition. The condition further states that the applicant shall investigate the feasibility of hooking up pressurized irrigation to Danbury Fair Subdivision's irrigation system. I believe the applicant is prepared to show that they MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 37 have contacted them regarding that and we would request that that evidence be submitted tonight. Staff feels strongly that a pressurized irrigation system should be provided to Maws No. 3 if at all feasible by hooking up to Danbury Fair or through repurchasing the water rights that originally belonged to the parcel. However if the Council agrees to grant the variance tonight, the applicant should be required to pay well development fees. That's our recommendation. Corrie: Okay, since we have the public hearing open is the applicant here tonight? Pavlick: Mr. Mayor and Council, my name is Richard Pavlick, with Tealey's Land Surveying. My office is at 915 W. Jefferson in Boise. This variance was in response to the single condition that is an obstacle for Maws No. 3 proceeding and I think there's previous testimony .that has been given in relationship to the sequence of events that have lead to where we are on this subdivision that makes it impossible for us to provide pressurized irrigation. Previous ordinances granted the option or gave the option to developers to in fact provide the option of either providing pressurized irrigation or paying well development fees in lieu of that pressurized irrigation system. That was in 1993, I think we've gone through that discussion and shown that well development fees had been paid for the two previous phases. We've been asked to give proof of making an inquiry as to whether or not it is feasible to in fact get cannel water to this piece of property. Mr. Gregory who is in fact here who is one of the partners in the development made an inquiry to Nampa Meridian Irrigation District and received a letter back from them stating that it's not available at this time given the limitations of the existing structure. They did go on to say that if an LID including the full Danbury Subdivision were conducted that there would be a possibility. However the likelihood of an LID being approved for increasing the capacity of a pump and the system provide for these seven lots is just not feasible. I'd like to present for your review the letter that we've received. I think to us in terms of reviewing this is unattainable in terms of being able to achieve that improvement and we would agree to follow through on the original conditions of approval of the preliminary plat of Maws and that be that well development fees be paid to the City of Meridian for this phase as it was paid for the two previous phases. If there's any questions, I'd be happy to answer them or if there's anything that Mr. Gregory can address, he would be happy to address questions. Corrie: Any questions at this time? Bird: That letter is for records of the public hearing? I have none. Corrie: Is there anyone else from the public who would like to testify? Mr. Gregory is he here, does he want to say anything? Do you want to say anything? You don't have to. It's up to you. Gregory: Steve Gregory, 1202 Sandy Court, Meridian. I did talk with the President of the Danbury Fair Homeowners Association about hooking on to the pressurized irrigation system. He didn't feel that they had enough capacity with their current system to allow any other lots to be hooked on other than what they already had set up with their current system. Is there any other questions? 7 ~ • MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 38 Corrie: Addition number one and number two doesn't have pressurized irrigation system now because of the well fees? Gregory: No, sir, I paid the well development fees on one and two and I vacated the water rights for the entire parcel all at one time. I didn't realize in '92 or'93, I vacated the water rights for the entire parcel all at once because that was the legal thing to do at that time and paid the well development fees and I didn't realize that things would change. Corrie: Okay, any questions? Bird: I have none. Corrie: Anyone else from the public who would like to issue testimony on item number 14? Hearing none, Council any questions of staff? Hearing none, I'll entertain a motion to close the public hearing on item number 14. Rountree: So moved. Bird: Second. Corrie: Motion made and second to close the public hearing on item number 14 request for variance for pressurized irrigation in Maws No. 3 Subdivision. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? Hearing none, I'll entertain a motion on the request for variance on item number 14. Rountree: Mr. Mayor I move that we have the City Attorney prepare Findings of Fact and Conclusions of Law on the variance for pressurized irrigation for Maws Sub. No. 3 and to reflect the efforts of the applicant to coordinate with the adjacent subdivision, Nampa Meridian Irrigation District, their inability to find a resolution of pressurized irrigation system in question and that the finding also reflect that the applicant will be subject to well development fee established by the Meridian Water Department. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird on the request for variance as stated in the motion. Any further discussion? Anderson: Mr. Mayor I would just like to go on record I guess as fundamentally as being opposed to that option having living in a subdivision that these well development fees were substituted in lieu of putting in a pressurized irrigation system. Once it's done like that, the homeowners that live there are stuck with that the rest of the time and I think it's just a poor option. I think they have been offered an option of creating an LID and increasing the pump capacity in this particular subdivision, and it would be my preference that they pursue that. Corrie: Okay, any further discussion? Hearing none - ~ ~ MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 39 Rountree: Do you want my motion amended or reflect that, I don't have a problem with that either. Anderson: (Inaudible) Corrie: Do you want to change your motion Mr. Rountree? Rountree: I let it stand as is and see how it floats. Corrie: All right, motion is on the floor by Mr. Rountree second by Mr. Bird. Any further discussion? All in favor of the original motion say aye. MOTION CARRIED: 2 AYES, 2 NAYS. Corrie: Thanks a lot. I don't think you pay the Mayor enough. Okay, I'm going to vote yes in this case on the original motion. MOTION CARRIED: 3 AYES, 2 NAYS. (MAYOR TIE BREAKER) 15. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 2.0 ACRES OF LAND FOR OFFICE USE (I-L ZONING) FOR JACKSON'S FOOD STORES-NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD: (ATTORNEY TO PREPARE FINDINGS) 16. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PUD TO ALLOW OFFICE BUILDING CONSTRUCTION ON ADJOINING SITE FOR JACKSON'S FOOD STORES-NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD: (ATTORNEY TO PREPARE FINDINGS) Corrie: Again we're trying to see if we can't combine the two. If we have any objections by the City Council, the applicant or any of the persons who might be testifying in this. Does anyone have any objections to doing 15 and 16 public hearing open for both of them? All right, I'll open the public hearing on items 15 and 16 and invite staff comments first. Hawkins-Clark: Again dealing with the annexation first, this commercial commerce park subdivision bounded by Eagle Road on the west. Albertson's is currently here. The two pieces that are adjacent to Eagle Road in this subdivision here and to the south are both still in the county. This piece that is cross (inaudible) there is the two acre parcel and currently has I believe a Sherwin Williams facility warehouse on the front of that piece. The back north part of it is currently vacant, so the request for annexation is for the entire piece. Staff feels it's a good opportunity to get these in fill, enclave county pieces in, and this commerce park still has two or three -actually this piece here is also in the county, so it's a good step forward. City services are already stubbed there. They just need to extend them out. There has been no development agreement requested on this piece; is that correct Bill to your understanding? As I was looking through this -