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HomeMy WebLinkAboutUntitledMeridian Planning and Zoning Meeting July 5, 2001 Page 63 Borup: Any additional comment from the applicant? The applicant has no testimony. Commissioners? Nary: Mr. Chairman. Borup: I'm assuming the applicant agrees with all aspects of the staff report? Nary: He seems to be nodding to me. Borup: He nodded that the does. Nary: Mr. chairman I move that we close the public hearing on CUP 01-023. Shreeve: Second. Borup: motion is second. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Nary: Mr. Chairman. I move that we recommend approval to the City Council of CUP 01-023 request for Conditional Use Permit for the construction of a metal warehouse with an office in an I-L zone for High Bridge office by Robnett Construction, Inc. 1380 East Commercial Avenue and to include alt staff comments from the report prepared July 2, 2001. Norton: Second. Borup: Motion is second. All in favor'? All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT item 9. t~'ubiic. big: A~ 0'l-010 Request for annexation and zoning of .99 acres from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC -1065 East Fairview Avenue: Borup: Okay. Item No. 9 public hearing AZ 01.10 request for annexation and zoning of .99 acres from R-1 to C-G zone for the existing Podiatry building by Smith Brighton LLC. I'd like to open that public hearing and start with staff report. McKinnon: Chairman, Commissioners. (Inaudible) similar to the last report. I'll keep it really short. It's a .99-acre parcel. As you can see its depicted on the site plan there. It's an existing building. It's the podiatry building. Its currently vacant, was recently used as an office for a medical facility for a doctor. Right now as I said its currently vacant. It`s zoned R-1 in county. in order to develop that in the future it would have to be annexed by the city and given a separate zoning. The comprehensive plan shows that piece of property would be in the mixed planned Meridian Planning and Zoning ng~ July 5, 2001 Page 64 use area and they've requested a C-G zoning which would be in compliance with the comprehensive plan. They have not proposed any specific use for the property at this time. Any use that would- be permitted on this site would be so only through a Conditional Use Permit process in the planned development. With that 1 turn it hack over to the Commission. Borup: Any questions from the Commission? Did the staff report address sewer and water service to that area? I mean the only comment I saw just said _ essential services would be available. So, I'm assuming at this point it is not connected to city sewer and water? McKinnon: Mr. Chairman, I don't believe the building is currently connected. We do have a water main that runs Fairview Avenue. I believe it runs right across the frontage of the property. We have sewer service in Danbury Fair Subdivision. There was, I believe there was some provisions made through Danbury for service to that site of sewer. I'm a little foggy on that but I believe that that was the way that that was to be served. Borup: Maybe the applicant will have some information. 1 mean, isn't that correct that upon annexation that they need to connect with sewer and water? McKinnon: The ordinance does require that if the proposed site is within 300 feet of existing mainlines that they do connect. That is correct. E3orup: Thank you. Would the applicant like to come forward? Nary: Mr. Chairman. Borup: I'm sorry, Commissioner Nary. Nary: Dave, in No.1 of the general requirements it says that the legs! description has to show that the properly is contiguous. We don't know that at this point, that its contiguous? (Inaudibly discussion amongst Commission members) Nary: I mean I know it has to be, but it isn't currently? McKinnon: It currently is. Nary: It currently is? Okay. McKinnon: Bruce and I had some discussion concerning the legal description. Bruce is going to need same additional language with the legal description and I'll left Bruce address that. Meridian Planning end Zoning Meeting July 5, 2001 Page 85 Nary: This is the property the building used to have a foat on the sign Right? That's the one that's right on Fairview? ThaYs where we"re talking about? Freckletan: Mr. Chairman, Members of the Commission. The legal description that was submitted with the annexation was not a meets and bounds legal description as required by our resolution. It does need to be a meets and bounds legal description that is tied to government corners. It ahs to be certified by ~ licensed land surveyor for the state of Idaho. That's whet we were lacking. Nary: 1 just didn't want to go through all this rigamorough and then it's not contiguous. 1=reckleton: It is contiguous. You can see up there on the map the southwest corner of the property is adjacent to the, I think that's the Roundtree Chevrolet parcel. Nary: Dave what you're proposing here is that the development agreement would require any development of any kind --? There would be no allowed use son that property without a Conditional Use Permit is that correct'? McKinnon: That would be correct and the reason for that is under the existing code that we've adopted in Meridian that anything that is developed in the planned development area of our comprehensive plan has to be developed as a Conditional Use Permit for a planned development. Nary: Ail right. Thank you. Borup: Any other questions from any of the Commissioners? Does the applicant have a presentation they would like to make? Smith: Mr. Chairman, Commissioners. My name is Matthew Smith. Office is at 12428 West Explorer Drive in Boise. I don't have any additional comments 1 just wanted to concur with the staff reports. 1 also had one question. It is my understanding that we do not have to connect to sewer and water until an actual building permit is applied for. Is that correct? Borup: Can you clarify that --? Is your intention to remove the existing building, it sounds like then, or remodel it? Smith: Currently we don'# know exactly what we're going to do. Ideally that's what we will do, is remove that and put some type of development on that. But, as of now we don't know exactly what --. Just because we are possibly purchasing that we are redoing the rezone to come into con~ec#ion of the proper use zone. Borup: Okay. Does staff have any --? It looks like they're discussing --. Any other question, comments you had? Meridian Planning and Zoning Meeting July 5, 200t Page 88 Smith: None. Borup: Any questions from the Commission? Have you looked into location of existing sewer lines? Smith: I did ask about that. It was my understanding that both of them were in the road, Fairview. gut that sounds like that's not correct. Borup: t don't think so in the sewer. Did you have a - McKinnon: i don't have anything here that I can confirm that with. Borup: No, but on his question on when connection needed to be made. McKinnon: With the plan. I would rather that the connections be made as part of a plan for the properly. Borup: So, that could be done at the time of the CUP? McKinnon: Correct. I think that would be the most appropriate time to do it. Borup: (don't know how you do otherwise? McKinnon: Whatever you do today won't be right tomorrow. So, I would propose that you just make that a condition that they would connect. Borup: The condition be that upon Building Permit or any use at all of the property? McKinnon: Probably any use on the property. 1 mean if they were going #o go in and remodel - Borup: That would be consistentwith - McKinnon: if they were to remodel the house and put somebody in there l think the time would be #hen. Borup: That would be consistent I think with past city policy is that - Smith: lt's my understanding you can't condition an annexation but you condition the conditional use permit. Is that correct? Borup: That would be through a development agreement. Smith: Okay, I concur with that. Meridian Planning and Zoning Me~ July 5, 2001 Page 87 Borup: Any questions from the Commission? So, have we decided what we're -- The staff report said that it would be under Conditional Use Permit. I guess the condition that we would be adding is tha# prior to any use on the property that connection would need to be made to city water and sewer. Smith: Okay. Borup: Thank you. Do we have anyone else here to testify on this application? Seeing none, Commissioners? Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: I move we close the Public Hearing. Shreeve: Second. Borup: Motion is second to close the public hearing. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: I would recommend that we recommend approval to the City Council of AZ 01-010. The request for annexation and zoning of .99 acres from an R-1 to a C-G zone for the Podiatry building by Smith Brighton LLC 1065 East Fairview Avenue to include all staff comments of the report prepared July 2, 20p1 with just one additional condition that upon use of this property that the applicant shall hook up to essential city services including sewer and water. Shreeve: Second. Borup: Motion is second, All in favor2 MOTION CARRIED: THREE AYES, ONE ABSENT Item 10. Public Hearing: CUP 01-020 Request for a Conditional Use Permit to develop a 2, 500 square-foot sales building for a recreational vehicle sales lot in an I-l. zone for Bodily RV by Gary Bodily -- northeast corner of East Overland Road and South Linder Raad: • Meridian Citv Council Meeting August 8, 2001 The regularly scheduled meeting of the Meridian City Council was called to order at 6:35 P.M. on Tuesday, August 8, 2001, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, Cherie McCandless, Ron Anderson, Tammy de Weerd, and Keith Bird. Item 1. Roll-call Attendance: X Tammy de Weerd X Ron Anderson X Cherie McCandless X Keith Bird X Mayor Robert Come Corrie: - 6:35, I'll open the City Council Regular Meeting on Wednesday, August 8, 2001, in the City Council Chambers. Roll call attendance Mr. Clerk. Item 2. Adoption of the Agenda: Corrie: Item No, 2 is adoption of the agenda. Council, we have requests on Items 9 and 10 to be -- the Final Plat approval of Bear Creek Subdivision and also the request for Final Plat approval No. 11 for Bear Creek to be continued until, or tabled until the 21 ~ of August. Also we got a request to continue the Public Hearing on Item No. 17 request for annexation and zoning for. the Podiatry Building by Smith Brighton on east Fairview Avenue. They forgot to post the signs necessary that there was going to be a Public Hearing. Bird: We can't table that to the 17th, can we? Is that going (inaudible)? Berg: Mr. Mayor, members of the Council that will have to be re-noticed because that's the third leg that the stool stands on for the notification. We'll have to count the days and re-notice it for new Public Hearing. Corrie: Okay. When we come to that one, we'll do that then. So, the public -- anybody who's coming for that Public Hearing that will be redone. Okay, any other agenda changes --? Bird: Mr. Mayor. Corrie: Mr. bird. Bird: I believe on our Consent Agenda which we can either do that now or with the consent. Items A, B, C, and D I don't believe are ready for passage on the Consent Agenda because there's some stuff in the Findings of Facts and Conclusions that we have some questions about. Meridian City Counal Meeting August 8, 2001 Page 51 (Councilwoman de Weerd returns) Item 17. Public Hearing: AZ 01-010 Request for annexation and zoning of .99 acres from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC -1065 East Fairview Avenue: Corrie:. Okay. Item No. 17 was a Public Hearing for zoning of .99 acres from R-1 to C-G zones for Podiatry Building has been requested to be continued until the August 21~ meeting of this year. I will open the Public Hearing at this point. Berg: Mr. Mayor and members of the Council. My understanding is that the property was not noticed properly, which gets us into the situation again that it needs to be re-noticed. You can't continue the hearing because one of the requirements was not followed through. We will re-notice this and put it on the - agenda according to the time frame that is required. Corrie: Okay. Anderson: Then we need to - Corrie: Then we need to - Berg: I would recommend that you just remove it off the agenda. Corrie: Just take it off the agenda and remove it? Okay, I'fl entertain a motion to remove Item No. 17 from the agenda. Anderson: Second. Corrie: Motion made and seconded to remove Item No. 127 AZ 01-010 from the agenda. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Would you allow us to have a little break? Corrie: Sure. Come back at 5 after 9:00? Bird: It'll be fine with me. Corrie: About a 10 minute break. Meridian City Council Meeting October 2, 2001 Page 41 for Staten Park Subdivision by D'Alessio Building Development -south of West Ustick Road and North Black Cat Road: Corrie: I think we did. Okay. Thank you. All right. Now we are on Item No. 6. This was tabled from September 18, 2001, request for Final Plat approval of 23 building lots and five other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development, south of West Ustick Road and North of Black Cat Road. Staff? Stiles: Mr. Mayor and Council, I talked with Paul D'Alessio today. He has requested -- I don't know if he sent something to Will, but he has requested over the phone that they have until -- that this be tabled to November 7th to have their engineer review some of the red lines on the construction drawings. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we table request for Final Plat of approval of 23 building lots and five other lots for Staten Park Subdivision to November 7, 2001. Bird: Second. Corrie: Motion made and seconded to table Item No. 6 until November 7, 2001. Any further discussion? Hearing none, all in favor of the motion say aye. Opposed no? Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 7. Continued Public Hearing from September 4, 2001: AZ 01-010 Request for annexation and zoning from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC -1065 East Fairview Avenue: Corrie: Item No. 7 is a continued Public Hearing from September 4th, request for annexation and zoning from R1 to C-G zone for Podiatry Building by Smith Brighton LLC, 1065 East Fairview Avenue. At this time I will continue the Public Hearing on this item and invite staffs comments first. Stiles: Mr. Mayor and Council, the owner of the. property previously requested that this be continued due to the fact that their prospective buyer of the property apparently backed out and they didn't have any time, they thought they would be able to evaluate where they were at. I don't know if they submitted anything new to the City Clerk's office, but -- Corrie: Was that a rhetorical or was that a question for the Clerk? • Meridian City Council Meeting October 2, 2001 Page 42 Stiles: Well, I don't know where -- I mean there is no reason for us not to annex it, bu# if they have withdrawn their consent, which they really haven't withdrawn their consent, but it's just that little podiatry office there on Fairview that should be annexed, because it's really an enclave. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Has public notice been set up and everything? Stiles: I don't know if it -- you mean the posting of the property? Bird: Yes. Stiles: I believe it was for the one on September 4th, but as it's continued, I don't know that there is a separate requirement to post it again. Corrie: Okay. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Once the property has been properly posted for the first public hearing and the hearing is opened and then continued, that's adequate notice. Bird: It has been noticed, you're sure of that? Stiles: Yes. Bird: The letter we got in August said that they had not posted, but they - we felt to give public notice ten days prior. This property was not posted. Stiles: I couldn't absolutely attest that it was. We didn't go out -- Corrie: Mr. Berg. Berg: Mr. Mayor, we re-noticed this and I think we've had in our file that they did post the property for the September 4th meeting. Corrie: Okay. Is the applicant here tonight? Let the record show that the applicant isn't here tonight. Is there anyone from the public that would like to enter testimony, since this is a continued public hearing? Let the record-show nobody wants to testify. Council, discussion on this before we close the public hearing? • • Meridian City Council Meeting October 2, 2001 Page 43 Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: You know, they brought it forward and the one correspondence we got was the only reason they wanted to table this was because of the simple fact that they hadn't posted it in time, so Shari hasn't got a definite not want to do it. I say let's go forward and get the thing done, instead of keep --instead of keep bringing it on and on and on. I mean they made the application and evidently they were happy at that point with it, so I say let's go, get it off the -- Anderson: I agree. De Weerd: I agree. Corrie: Okay. Then I will entertain a motion to close the public hearing. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Corrie: Any further discussion on the request for annexation and zoning? Hearing none, I will entertain a motion on the request. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: We will make a motion that we approve the request for annexation and zoning from R1 to C-G zone for the podiatry building for Smith Brighton, LLC, 1065 East Fairview Avenue and instruct the city attorney to draft the appropriate Finding of Fact and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for annexation and zoning for the podiatry building, for the attorney to draw up the proper Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, Mr. Berg, roll call vote. Roll-Call: -Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Meridian City Council Meeting October 2, 2001 Page 44 Corrie: All ayes, one abstaining -- not abstaining, absent. Motion is carried. MOTION CARRIED: ALL AYES, ONE ABSENT. Item 8. Public Hearing: PFP 01-004 Request for Preliminary/Final Plat approval of 3 building lots on 2.85 acres in an L-0 zone for proposed Treasure View Subdivision by Pinnacle Engineers, Inc. - 3500 East Magic View Drive (southeast of East Magic View Drive and South Allen Street): Come: Item No. 8 is a Public Hearing, request for Preliminary and Final Plat approval of three building lots on 2.85 acres in an L-0 zone for proposed Treasure View Subdivision by Pinnacle Engineers, Inc., 3500 East Magic View Drive. At this time I will open the Public Hearing on the proposed Preliminary lat 01-004. Staff comments first. Stiles: Mr. Mayor and Council, I erred in not informing the public - or the City Clerk's office that aPreliminary/Final Plat does not require a public hearing at City Council, but since it's noticed anyway and we are here, so just for the record. You have the recommendations from the Planning and Zoning Commission. This is an application that was previously before you as a Conditional Use Permit. It has -the extension of St. Luke's Road across from the hospital and that construction has already been completed. This road has been constructed down to align with Allen Street. The one lot that they had a Conditional Use Permit for two buildings on, they are now proposing a three-lot subdivision. There are some clarifications that need to be made to the recommendation and I'm going to need Jonathan's help on one item here, but I will cover this -- I will briefly cover it. On page two, item two, Mr. Steel had a question on the requirement to bond for the irrigation and landscaping prior to signature on the Final Plat. The Planning and Zoning Commission did recommend that the landscaping only had to be constructed as the individual building lots were constructed, which would also negate the need for the common lot. But I did have a question of how the pressurized irrigation was going to be put in or how they were going to have that underground irrigation provided for. Also on -- it's actually on the very top of page three, part of paragraph four, just to clarify, their recommendation was -- instead of the determined by site, should read, for each lot. Bird: Where was that at, Shari? Stiles: Pardon? Bird: Where was that at? Stiles: Top of page three, it would be the second line on page three. Bird: Oh. Okay. • PUBLIC HEART SIGN-UP SHE DATE O'(~-OL~Cr' 2,20OI I~CfY1N0. ~- PROJECT NUMBER ~Z, (~ I-G [ 0 ~~ Meridian City Council Meeting September 4, 2001 Pg. 3t3 Bird: Second. • Corrie: Okay. Motion has been made and seconded to approve the request for Landscape Ordinance with staff comments, no recommendations. Any further discussion? Mr. Berg, Roll Call vote, please. Berg: Thank you, Mr. Mayor. Members of the Council, Roll Call Vote. Roll Call: De Weerd, aye; McCandless, aye; Bird, aye; Anderson, absent. MOTION CARRIED: THREE AYES, ONE ABSENT Item 18. Public Hearing: AZ 01-010 Request for annexation and zoning of .99 acres from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC -1065 East Fairview Avenue: Corrie: Item No. 18 has been requested be removed to the later date of October 2, 2001. At this time is there anyone here from the public who would like to issue testimony on this Podiatry Building at this time? Okay. I will open the Public Hearing and then I will continue the Public Hearing until October 2, 2001. I will entertain a motion to that effect. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we continue the Public Hearing to October 2, 2001, for annexation and zoning of .99 acres from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC, 1065 East Fairview Avenue. Corrie: Motion has been made to continue the Public Hearing item. All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 19. CUP 01-017 Request for a Conditional Use Permit for the expansion of the chamber office and visitor center in a C-G zone for Meridian Chamber of Commerce by Meridian Chamber of Commerce - 215 East Franklin Road: Corrie: Item No. 19 is a request for a Conditional Use Permit for the expansion of the chamber office and visitor center in a C-G zone for Meridian Chamber of Commerce by Meridian Chamber of Commerce, 215 East Franklin Road. Staff comments on the Conditional Use Permit statute? • Meridian City Council Meeting AuQUSt 8, 2001 The regularly scheduled meeting of the Meridian City Council was called to order at 6:35 P.M. on Tuesday, August 8, 2001, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, Cherie McCandless, Ron Anderson, Tammy de Weerd, and Keith Bird. Item 1. Roll-call Attendance: X Tammy de Weerd X Ron Anderson X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: -- 6:35, I'll open the City Council Regular Meeting on Wednesday, August 8, 2001, in the City Council Chambers. Roll call attendance Mr. Clerk. Item 2. Adoption of the Agenda: Corrie: Item No, 2 is adoption of the agenda. Council, we have requests on Items 9 and 10 to be -- the Final Plat approval of Bear Creek Subdivision and also the request for Final Plat approval No. 11 for Bear Creek to be continued until, or tabled until the 21st of August. Also we got a request to continue the Public Hearing on Item No. 17 request for annexation and zoning for the Podiatry Building by Smith Brighton on east Fairview Avenue. They forgot to post the signs necessary that there was going to be a Public Hearing. Bird: We can't table that to the 17th, can we? Is that going (inaudible)? Berg: Mr. Mayor, members of the Council that will have to be re-noticed because that's the third leg that the stool stands on for the notification. We'll have to count the days and re-notice it for new Public Hearing. Corrie: Okay. When we come to that one, we'll do that then. So, the public -- anybody who's coming for that Public Hearing that will be redone. Okay, any other agenda changes --? Bird: Mr. Mayor. Corrie: Mr. bird. Bird: I believe on our Consent Agenda which we can either do that now or with the consent. Items A, B, C, and D I don't believe are ready for passage on the Consent Agenda because there's some stuff in the Findings of Facts and Conclusions that we have some questions about. Meridian City Council Meeting • • August 8, 2001 Page 51 (Councilwoman de Weerd returns) Item 17. Public Hearing: AZ 01-010 Request for annexation and zoning of .99 acres from R1 to C-G zones for Podiatry Building. by Smith Brighton, LLC -1065 East Fairview Avenue: Corrie: Okay. Item No. 17 was a Public Hearing for zoning of .99 acres from R-1 to C-G zones for Podiatry Building has been requested to be continued until the August 21st meeting of this year. twill open the Public Hearing at this point. Berg: Mr. Mayor and members of the Council. My understanding is that the property was not noticed properly, which gets us into the situation again that it needs to be re-noticed. You can't continue the hearing because one of the requirements was not followed through. We will re-notice this and put it on the agenda according to the time frame that is required. Corrie: Okay. Anderson: Then we need to - Corrie: Then we need to -- Berg: I would recommend that you just remove it off the agenda. Corrie: Just take it off the agenda and remove it? Okay, I'll entertain a motion to remove Item No. 17 from the agenda. Anderson: Second. Corrie: Motion made and seconded to remove Item No. 127 AZ 01-010 from the agenda. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Would you allow us to have a little break? Corrie: Sure. Come back at 5 after 9:00? Bird: It'll be fine with me. Corrie: About a 10 minute break. • • Meridian Ciiy Council Meeting November 7.2001 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 P.M. on Wednesday November 7, 2001 by Mayor Robert Corrie. Members Present: Robert Corrie, Cherie McCandless, Ron Anderson, and Keith Bird. Members Absent: Tammy de Weerd Others Present: Bill Nichols and Will Berg. Item 1. Roll-call Attendance: O Tammy de Weerd X Ron Anderson X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: -- City Council meeting for November 7, 2001 at 6:30 P.M. Roll call attendance Mr. Clerk. Item 2. Adoption of the Agenda: Corrie: The second item is the adoption of the agenda. Council, we have a request by the, on item C by Mr. Morrow to, if we would table his order granting appeal to 12-4-01. Then we've also, the [der ,the Findings of Facts and Conclusions of Law, the request was made by Podiatry to table that until the next meeting on the 11-20-01. Then item No. 13, which was discussion of Cherry Lane No. 7 is not on the agenda. That was there by mistake. Well, it's 12 but there's 2 nines in there. Anderson: Oh, okay. Corrie: So, we made it 13. Anderson: There is no Cherry Lane? Corrie: There is no Cherry Lane, the Lakes at Cherry Lane No.7, scratch that one. (inaudible discussion amongst Council) Corrie: On Staten Park, on item No. 9, that has been requested to table until December 4t" as well. That will be tabled when that comes up for No. 9 on the hearing. There was one other request by Dakota Company that they would request that this item be pulled from the November 7t" agenda and move it to the Meridian City Council Meeting ~ • November 7, 2001 Page 2 following Council meeting in order that it can be heard by the entire City Council. All these would take a motion to do so. So, I guess before we can get the consent agenda we need to - Bird: Approve the adoption. Corrie: Approve the adoption. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we adopt the agenda as stated. Anderson: Second. Corrie: Motion been made and second to adopt the agenda as stated. Any further discussions? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. Approve Minutes of October 9, 2001 City Council Workshop: ~. Approve Minutes of October 16, 2001 City Council Regular Meeting: C. Tabled from October 2, 2001: Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: D. Tabled from October 16, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-024 Request for a Conditional Use Permit for the construction of a storage unit on 9.79 acres with one office/commercial pad for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: E. Tabled from October 16, 2001: Findings of Fact and Conclusions of Law for Approval: AZ 01-010 Request for annexation and zoning from R1 to C-G zohes for. Podiatry But#dir~ by Smith Brighton, LLC - 1065 East Fairview Avenue: Meridian City Council Meeting ~ • October 2, 2001 Page 41 for Staten Park Subdivision by D'Alessio Building Development -south of West Ustick Road and North Black Cat Road: Corrie: I think we did. Okay. Thank you. All right. Now we are on Item No. 6. This was tabled from September 18, 2001, request for Final Plat approval of 23 building lots and five other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development, south of West Ustick Road and North of Black Cat Road. Staff? Stiles: Mr. Mayor and Council, I talked with Paul D'Alessio today. He has requested -- I don't know if he sent something to Will, but he has requested over the phone that they have until -- that this be tabled to November 7~' to have their engineer review some of the red lines on the construction drawings. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we table request for Final Plat of approval of 23 building lots and five other lots for Staten Park Subdivision to November 7, 2001. Bird: Second. Corrie: Motion made and seconded to table Item No. 6 until November 7, 2001. Any further discussion? Hearing none, all in favor of the motion say aye. Opposed no? Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 7. Continued Public Hearing from September 4, 2001: AZ 01-010 Request for annexation and zoning from R1 to C-G zones fodiatry Building by Smith Brighton, LLC -1065 East Fairview Avenue: Corrie: Item No. 7 is a continued Public Hearing from September 4th, request for annexation and zoning from R1 to C-G zone for Podiatry Building by Smith Brighton LLC, 1065 East Fairview Avenue. At this time I will continue the Public Hearing on this item and invite staffs comments first. Stiles: Mr. Mayor and Council, the owner of the property previously requested that this be continued due to the fact that their prospective buyer of the property apparently backed out and they didn't have any time, they thought they would be able to evaluate where they were at. I don't know if they submitted anything new to the City Clerk's office, but -- Corrie: Was that a rhetorical or was that a question for the Clerk? Meridian City Council Meeting ~ • October 2, 2001 Page 42 Stiles: Well, I don't know where -- I mean there is no reason for us not to annex it, but if they have withdrawn their consent, which they really haven't withdrawn their consent, but it's just that little podiatry office there on Fairview that should be annexed, because it's really an enclave. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Has public notice been set up and everything? Stiles: I don't know if it -- you mean the posting of the property? Bird: Yes. Stiles: I believe it was for the one on September 4th, but as it's continued, I don't know that there is a separate requirement to post it again. Corrie: Okay. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Once the property has been properly posted for the first public hearing and the hearing is opened and then continued, that's adequate notice. Bird: It has been noticed, you're sure of that? Stiles: Yes. Bird: The letter we got in August said that they had not posted, but they -- we felt to give public notice ten days prior. This property was not posted. Stiles: I couldn't absolutely attest that it was. We didn't go out -- Corrie: Mr. Berg. Berg: Mr. Mayor, we re-noticed this and I think we've had in our file that they did post the property for the September 4th meeting. Corrie: Okay. Is the applicant here tonight? Let the record show that the applicant isn't here tonight. Is there anyone from the public that would like to enter testimony, since this is a continued public hearing? Let the record show nobody wants to testify. Council, discussion on this before we close the public hearing? Meridian City Council Meeting ' October 2, 2001 Page 43 Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: You know, they brought it forward and the one correspondence we got was the only reason they wanted to table this was because of the simple fact that they hadn't posted it in time, so Shari hasn't got a definite not want to do it. I say let's go forward and get the thing done, instead of keep -- instead of keep bringing it on and on and on. I mean they made the application and evidently they were happy at that point with it, so I say let's go, get it off the -- Anderson: I agree. De Weerd: I agree. Corrie: Okay. Then I will entertain a motion to close the public hearing. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Corrie: Any further discussion on the request for annexation and zoning? Hearing none, I will entertain a motion on the request. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: We will make ~ motion that we approve the request for annexation and zoning from R1 to C-G zone for the podiatry building for Smith Brighton, LLC, 1065 East Fairview Avenue and instruct the city attorney to draft the appropriate Finding of Fact and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for annexation and zoning for the podiatry building, for the attorney to draw up the proper Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, Mr. Berg, roll call vote. Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Meridian City Council Regular Mee • October 16, 2001 Page 2 Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road. G. Tabled from October 2, 2001: Findings of Facts and Conclusion of Law for Approval: CUP 01-024 Request for a Condition Use Permit for the construction of a storage unit on 9.79 acres with one office/commercial pad for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road. H. Findings of Fact and Conclusions of Law for Approval: AZ 01-010 Request for annexation and zoning from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC - 1065 East Fairview Avenue. I. Findings of Facts and Conclusions of Law for Approval: CUP 01-015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. -Franklin Road west of Locust Grove Road. J. Findings of Facts and Conclusions of Law for Approval: PFP 01-004 Request for Preliminary/Final Plat approval of three building lots on 2.85 acres in an L-O zone for proposed Treasure View Subdivision by Pinnacle Engineers, Inc. - 3500 East Magic View Drive (southeast of East Magic View Drive and South Allen Street). K. Findings of Facts and Conclusions of Law for Approval: PFP 01-003 Request for Preliminary/Final Plat approval of two building lots on 4.04 acres in an I-L zone for proposed Heartwood Subdivision by Pinnacle Engineers, Inc. -northwest corner of West Franklin Road and North 10t" Street. L. Findings of Facts and Conclusions of Law for Approval: AZ 01-013 Request for annexation and zoning of 4.24 acres from M-1 to I-L zones for Coors Distributing by Coors Distributing Co. - 3225 Commercial Court. M. Development Agreement with R.C. Willey. Corrie: Okay. Item No. 2 is Adoption of the Agenda. Council, any changes? Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meeting September 4, 2001 Pg. 36 r~ i,__ J Bird: Second. Corrie: Okay. Motion has been made and Landscape Ordinance with staff comments, discussion? Mr. Berg, Roll Call vote, please. seconded to approve the request for no recommendations. Any further Berg: Thank you, Mr. Mayor. Members of the Council, Roll Call Vote. Roll Call: De Weerd, aye; McCandless, aye; Bird, aye; Anderson, absent. MOTION CARRIED: THREE AYES, ONE ABSENT Item 18. Public Hearing: AZ 01-010 Request for annexation and zoning of .99 acres from R1 #o C-G zones for Podi~~.y Building by Smith Brighton, LLC -1065 East Fairview Avenue: Corrie: Item No. 18 has been requested be removed to the later date of October 2, 2001. At this time is there anyone here from the public who would like to issue testimony on this Podiatry Building at this time? Okay. I will open the Public Hearing and then I will continue the Public Hearing until October 2, 2001. I will entertain a motion to that effect. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we continue the Public Hearing to October 2, 2001, for annexation and zoning of .99 acres from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC, 1065 East Fairview Avenue. Corrie: Motion has been made to continue the Public Hearing item. All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 19. CUP 01-017 Request for a Conditional Use Permit for the expansion of the chamber office and visitor center in a C~G zone for Meridian Chamber of Commerce by Meridian Chamber of Commerce - 215 East Franklin Road: Cbr'I'ie: Item No. 19 is a request for a Conditional Use Permit for the expansion of the chamber office and visitor center in a C-G zone for Meridian Chamber of Commerce by Meridian Chamber of Commerce, 215 East Franklin Road. Staff comments on the Conditional Use Permit statute? Meridian Planning and Zoning C~g July 5, 2001 Page 63 Borup: Any additional comment from the applicant? The applicant has no testimony. Commissioners? Nary: Mr. Chairman. Borup: I'm assuming the applicant agrees with all aspects of the staff report? Nary: He seems to be nodding to me. Borup: He nodded that the does. Nary: Mr. chairman I move that we close the public hearing on CUP 01-023. Shreeve: Second. Borup: motion is second. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Nary: Mr. Chairman. I move that we recommend approval to the City Council of CUP 01-023 request for Conditional Use Permit for the construction of a metal warehouse with an office in an I-L zone for High Bridge office by Robnett Construction, Inc. 1380 East Commercial Avenue and to include all staff comments from the report prepared .fuly 2, 2001. Norton: Second. Borup: Lotion is second. All in favor? All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. Public Hearing: AZ 01-010 Request for annexation and zoning of .99 acres from R1 to C-G zones for t?odila~y ~+~ by Smith Brighton, LLC -1065 East Fairview Avenue: Borup: Okay. Item No. 9 public hearing AZ 01-10 request for annexation and zoning of .99 acres from R-1 to C-G zone for the existing Podiatry building by Smith Brighton LLC. I'd like to open that public hearing and start with staff report. McKinnon: Chairman, Commissioners. (Inaudible) similar to the last report. I'll keep it really short. It's a .99-acre parcel. As you can see its depicted on the site plan there. It's an existing building. It's the podiatry building. Its currently vacant, was recently used as an office for a medical facility for a doctor. Right now as I said its currently vacant. It's zoned R-1 in county. In order to develop that in the future it would have to be annexed by the city and given a separate zoning. The comprehensive plan shows that piece of property would be in the mixed planned Meridian Planning and Zoning M~A'~9 • July 5, 2001 Page 64 use area and they've requested a C-G zoning which would be in compliance with the comprehensive plan. They have not proposed any specific use for the property at this time. Any use that would be permitted on this site would be so only through a Conditional Use Permit process in the planned development. With that I turn it back over to the Commission. Borup: Any questions from the Commission? Did the staff report address sewer and water service to that area? I mean the only comment I saw just said essential services would be available. So, I'm assuming at this point it is not connected to city sewer and water? McKinnon: Mr. Chairman, I don't believe the building is currently connected. We do have a water main that runs Fairview Avenue. I believe it runs right across the frontage of the properly. We have sewer service in Danbury Fair Subdivision. There was, I believe there was some provisions made through Danbury for service to that site of sewer. I'm a little foggy on that but I believe that that was the way that that was to be served. Borup: Maybe the applicant will have some information. I mean, isn't that correct that upon annexation that they need to connect with sewer and water? McKinnon: The ordinance does require that if the proposed site is within 300 feet of existing mainlines that they do connect. That is correct. Borup: Thank you. Would the applicant like to come forward? Nary: Mr. Chairman. Borup: I'm sorry, Commissioner Nary. Nary: Dave, in No.1 of the general requirements it says that the legal description has to show that the property is contiguous. We don't know that at this point, that its contiguous? (Inaudible discussion amongst Commission members) Nary: I mean I know it has to be, but it isn't currently? McKinnon: It currently is. Nary: It currently is? Okay. McKinnon: Bruce and I had some discussion concerning the legal description. Bruce is going to need some additional language with the legal description and I'll let Bruce address that. Meridian Planning and Zoning M July 5, 2001 Page 65 Nary: This is the property the building used to have a foot on the sign Right? That's the one that's right on Fairview? That's where we're talking about? Freckleton: Mr. Chairman, Members of the Commission. The legal description that was submitted with the annexation was not a meets and bounds legal description as required by our resolution. It does need to be a meets and bounds legal description that is tied to government corners. It ahs to be certified by a licensed land surveyor for the state of Idaho. That's what we were lacking. Nary: I just didn't want to go through aN this rigamorough and then it's not contiguous. Freckleton: It is contiguous. You can see up there on the map the southwest corner of the property is adjacent to the, I think that's the Roundtree Chevrolet parcel. Nary: Dave what you're proposing here is that the development agreement would require any development of any kind --? There would be no allowed use son that property without a Conditional Use Permit is that correct? McKinnon: That would be correct and the reason for that is under the existing code that we've adopted in Meridian that anything that is developed in the planned development area of our comprehensive plan has to be developed as a Conditional Use Permit for a planned development. Nary: All right. Thank you. Borup: Any other questions from any of the Commissioners? Does the applicant have a presentation they would like to make? Smith: Mr. Chairman, Commissioners. My name is Matthew Smith. Office is at 12426 West Explorer Drive install eel orts't I also had done quest on.elt Ss lmy wanted to concur with the p understanding that we do not have to connect to sewer and water until an actual building permit is applied for. Is that correct? Borup: Can you clarify that --? Is your intention to remove the existing building, it sounds like then, or remodel it? Smith: Currently we don't know exactly what we're going to do. Ideally that's what we will do, is remove that and put some type of development on that. But, as of now we don't know exactly what --. Just because we are possibly purchasing that we are redoing the rezone to come into correction of the proper use zone. Borup: Okay. Does staff have any --? It looks like they're discussing --. Any other question, comments you had? Meridian Planning and Zoning July 5, 2001 Page 66 Smith: None. Borup: Any questions from the Commission? Have you looked into location of existing sewer lines? Smith: I did ask about that. It was my understanding that both of them were in the road, Fairview. But that sounds like that's not correct. Borup: I don't think so in the sewer. Did you have a - McKinnon: I don't have anything here that I can confirm that with. Borup: No, but on his question on when connection needed to be made. McKinnon: With the plan. I would rather that the connections be made as part of a plan for the property. Borup: So, that could be done at the time of the CUP? McKinnon: Correct. t think that would be the most appropriate time to do it. Borup: I don't know how you do otherwise? McKinnon: Whatever you do today won't be right tomorrow. So, I would propose that you just make that a condition that they would connect. Borup: The condition be that upon Building Permit or any use at all of the property? McKinnon: Probably any use on the property. I mean if they were going to go in and remodel - Borup: That would be consistent with - McKinnon: If they were to remodel the house and put somebody in there I think the time would be then. Borup: That would be consistent I think with past city policy is that - Smith: It's my understanding you can't condition an annexation but you condition the conditional use permit. Is that correct? Borup: That would be through a development agreement. Smith: Okay, I concur with that. Meridian Planning and Zoning M~g Juy 5, 2001 Page 67 Borup: Any questions from the Commission? So, have we decided what we're -- The staff report said that it would be under Conditional Use Permit. I guess the condition that we would be adding is that prior to any use on the property that connection would need to be made to city water and sewer. Smith: Okay. Borup: Thank you. Do we have anyone else here to testify on this application? Seeing none, Commissioners? Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: I move we close the Public Hearing. Shreeve: Second. Borup: Motion is second to close the public hearing. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: I would recommend that we recommend approval to the City Council of AZ 01-010. The request for annexation and zoning of .99 acres from an R-1 to a C-G zone for the Podiatry building by Smith Brighton LLC 1065 East Fairview Avenue to include all staff comments of the report prepared July 2, 2001 with just one additional condition that upon use of this property that the applicant shall hook up to essential city services including sewer and water. Shreeve: Second. Borup: Motion is second. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Item 10. Public Hearing: CUP 01-020 Request for a Conditional Use Permit to develop a 2, 500 square-foot sales building for a recreational vehicle sales lot in an I-L zone for Bodily RV by Gary Bodily -northeast corner of East Overland Road and South Linder Road: Meridian City Council Meeting • • October 2, 2001 Page 41 for Staten Park Subdivision by D'Alessio Building Development -south of West Ustick Road and North Black Cat Road: Corrie: I think we did. Okay. Thank you. All right. Now we are on Item No. 6. This was tabled from September 18, 2001, request for Final Plat approval of 23 building lots and five other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development, south of West Ustick Road and North of Black Cat Road. Staff? Stiles: Mr. Mayor and Council, I talked with Paul D'Alessio today. He has requested -- I don't know if he sent something to Will, but he has requested over the phone that they have until -- that this be tabled to November 7th to have their engineer review some of the red lines on the construction drawings. De Weerd: Mr. Mayor. Corrie: Mrs, de Weerd. De Weerd: I move that we table request for Final Plat of approval of 23 building lots and five other lots far Staten Park Subdivision to November 7, 2001. Bird: Second. Corrie: Motion made and seconded to table Item No. 6 until November 7, 2001. Any further discussion? Hearing none, all in favor of the motion say aye. Opposed no? Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 7. Continued Public Hearing from September 4, 2001: AZ 01-010 Request for annexation and zoning from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC -1065 East Fairview Avenue: Corrie: Item No. 7 is a continued Public Hearing from September 4th, request for annexation and zoning from R1 to C-G zone for Podiatry Building by Smith Brighton LLC, 1065 East Fairview Avenue. At this time I will continue the Public Hearing on this item and invite staff s comments first. Stiles: Mr. Mayor and Council, the owner of the property previously requested that this be continued due to the fact that their prospective buyer of the property apparently backed out and they didn't have any time, they thought they would be able to evaluate where they were at. I don't know if they submitted anything new to the City Clerk's office, but -- Corrie: Was that a rhetorical or was that a question for the Clerk? Meridian City Council Meeting • • October 2, 2001 Page 42 Stiles: Well, t don't know where -- I mean there is no reason for us not to annex it, but if they have withdrawn their consent, which they really haven't withdrawn their consent, but it's just that little podiatry office there on Fairview that should be annexed, because it's really an enclave. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Has public notice been set up and everything? Stiles: I don't know if it -- you mean the posting of the property? Bird: Yes. Stiles: I believe it was for the one on September 4th, but as it's continued, I don't know that there is a separate requirement to post it again. Corrie: Okay. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Once the property has been properly posted for the first public hearing and the hearing is opened and then continued, that's adequate notice. Bird: It has been noticed, you're sure of that? Stiles: Yes. Bird: The letter we got in August said that they had not posted, but they -- we felt to give public notice ten days prior. This property was not posted. Stiles: I couldn't absolutely attest that it was. We didn't go out -- Corrie: Mr. Berg. Berg: Mr. Mayor, we re-noticed this and I think we've had in our file that they did post the property for the September 4th meeting. Corrie: Okay. Is the applicant here tonight? Let the record show that the applicant isn't here tonight. Is there anyone from the public that would like to enter testimony, since this is a continued public hearing? Let the record show nobody wants to testify. Council, discussion on this before we close the public hearing? Meridian City Council Meeting • • October 2, 2001 Page 43 Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: You know, they brought it forward and the one correspondence we got was the only reason they wanted to table this was because of the simple fact that they hadn't posted it in time, so Shari hasn't got a definite not want to do it. I say let's go forward and get the thing done, instead of keep --instead of keep bringing it on and on and on. I mean they made the application and evidently they were happy at that point with it, so I say let's go, get it off the -- Anderson: I agree. De Weerd: I agree. Corrie: Okay. Then I will entertain a motion to close the public hearing. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Corrie: Any further discussion on the request for annexation and zoning? Hearing none, I will entertain a motion on the request. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: We will make a motion that we approve the request for annexation and zoning from R1 to C-G zone for the podiatry building for Smith Brighton, LLC, 1065 East Fairview Avenue and instruct the city attorney to draft the appropriate Finding of Fact and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for annexation and zoning for the podiatry building, for the attorney to draw up the proper Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, Mr. Berg, roll call vote. Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Meridian City Council Meeting October 2, 2001 Page 44 Corrie: All ayes, one abstaining -- not abstaining, absent. Motion is carried. MOTION CARRIED: ALL AYES, ONE ABSENT. Item 8. Public Hearing: PFP 01-004 Request for Preliminary/Final Plat approval of 3 building lots on 2.85 acres in an L-O zone for proposed Treasure View Subdivision by Pinnacle Engineers, Inc. - 3500 East Magic View Drive (southeast of East Magic View Drive and South Allen Street): Corrie: Item No. 8 is a Public Hearing, request for Preliminary and Final Plat approval of three building lots on 2.85 acres in an L-O zone for proposed Treasure View Subdivision by Pinnacle Engineers, Inc., 3500 East Magic View Drive. At this time I will open the Public Hearing on the proposed Preliminary tat 01-004. Staff comments first. Stiles: Mr. Mayor and Council, I erred in not informing the public -- or the City Clerk's office that aPreliminary/Final Plat does not require a public hearing at City Council, but since it's noticed anyway and we are here, so just for the record. You have the recommendations from the Planning and Zoning Commission. This is an application that was previously before you as a Conditional Use Permit. It has the extension of St. Luke's Road across from the hospital and that construction has already been completed. This road has been constructed down to align with Allen Street. The one lot that they had a Conditional Use Permit for two buildings on, they are now proposing a three-lot subdivision. There are some clarifications that need to be made to the recommendation and I'm going to need Jonathan's help on one item here, but I will cover this -- I will briefly cover it. On page two, item two, Mr. Steel had a question on the requirement to bond for the irrigation and landscaping prior to signature on the Final Plat. The Planning and Zoning Commission did recommend that the landscaping only had to be constructed as the individual building lots were constructed, which would also negate the need for the common lot. But I did have a question of how the pressurized irrigation was going to be put in or how they were going to have that underground irrigation provided for. Also on -- it's actually on the very top of page three, part of paragraph four, just to clarify, their recommendation was -- instead of the determined by site, should read, for each lot. Bird: Where was that at, Shari? Stiles: Pardon? Bird: Where was that at? Stiles: Top of page three, it would be the second line on page three. Bird: Oh. Okay.