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HomeMy WebLinkAboutMinutesMeridian Planning & Z~g Commission March 11, 1997 Page 33 Manning: Second Borup: Table that to our next scheduled meeting which is April 15. MacCoy: All those in favor? Opposed? Borup: I correct that to April 8, table it to April 8. MacCoy: Is everybody in favor of that now? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. 4.26 ACRES TO L-O BY A'a LLC: Johnson: I will now open the public hearing and invite the applicant or the applicant's representative to address the Commission. Roger Smith, 870 N. Linder Road, Suite B, Meridian, was sworn by the City Attorney. Smith: This project is as discussed a proposal to annex and rezone to limited office the corner of, the southwest corner of Franklin and Eagle Roads. This is primarily for the purpose shown, the three professional office buildings that will be nestled up in the corner. This project meets with the City's comprehensive plan to have this general area basically rezoned to commercial and mixed use. We have received the City's requirements for annexation and zoning and also for the conditional use which we are in concurrence with and have addressed with a letter in writing to the City. We feel that this would be an excellent use for this parcel of ground compared to other possible uses for the commercial and mixed use zone. The plan is to have very high quality construction for these buildings basically a split face masonry with glass block and some tinted glass on the exterior structures and an extensive amount of landscaping to both help screen the project from the adjacent residential uses and to buffer noise from both major thoroughfares which this project abuts. The buildings are planned to follow the existing topography and basically blend in with the existing terrain. If you want to look at the elevation that we have now or when we address the conditional use but I can pass this around. The view that is shown there is what the view will be from the corner of Franklin and Eagle. The buildings that are shown the one, in the northeast corner is planned to be basically two;: stories that are above ground to hide some of the parking we have designed to have the parking underneath that main building for some of the use there. There will be elevators that are ,going to be in the corners in the parking area along with enclosures for trash so that we keep those out of the exterior of the buildings. The two lower buildings will be 2 stories each with basically a daylight basement concept. The lower floor will be completely below grade of the uphill side of the structure. Walkways are planned in the berms and as shown in the area adjacent Meridian Planning & Zr~g Commission March 11, 1997 Page 34 to the roadways where landscaping is it is the City's required landscape buffer along Franklin Road we are proposing 20 feet. Along Eagle Road it is 35 feet. Partly because of some questions with the Highway District's request for right of way. Which I believe Shari Stiles can address with you also. They haven't resolved whether or not they will be .taking 100 feet there or just requiring 54 feet. In the highway district's conditions we wanted 54 feet that impacts the zoning for this limited office district and what the setback would be from that property line that is along the Franklin Road side. If it ends up at 100 feet we would be looking for the 20 foot setback for the front in Limited Office District which would be a variance from the required 30. We do have plans for extending the city utilities, we .have spoken with public works department. There is a plan for extending sewer along Eagle Road from. Magic View Drive. We have conducted some surveying in that area and have found out we can service most of if not all of Springwood and Autumn Drives and the houses that abut those streets. Additionally water will be extended from the existing main that is in Eagle Road and is stubbed across to Franklin Road and it will be stubbed along the entire frontage to the west property boundary. We did hold a neighborhood meeting a week ago to discuss any of the neighbors concerns with the project. Most of the neighbors homes that are along the property line were in attendance. We talked about basically trying to work landscaping issues with them and also the privacy issue, of our view back to the southwest with basically their views of the Boise front. As I said before we feel- this fits with the City's comprehensive plan and we feel that we can meet the conditions set forth in the general and specific comments of the City's letter. Subject to your questions that is all I have. Johnson: Thank you very much? MacCoy: I would like to start off, I commend you or whoever your designer is architect I think it will be a nice addition to the City. It is pleasing to the eye and also looking at your layout I think it will work. We will talk about that a few moments later down the road. I take it you have read and had a meeting with our staff on all of the conditions? Smith: We have not had a meeting with the staff, but we received the conditions on Friday and drafted a response to that on Monday. MacCoy: You answered my questions on water and sewer already and I am going to pass to Keith. Borup: Was there anything specific ,on any of the staff comments that you had any question on? Smith: No, I think the only thing that has to be resolved is what the Highway District's right of way requirement is going to be along Franklin. They appear to be not ready to commit to the 100 feet and we will probably going with the 54 feet. That may provide a Meridian Planning & Z~g Commission March 11, 1997 Page 35 little bit of room for us to space the site slightly more. But the general concept would remain the same. Borup: For this point, your request for variance on the setback, that was just if ACHD is asking for 100 feet. Smith: Yes it is, and they haven't firmly asked for that 100 feet, they are trying to resolve that issue. Johnson: Mr. Manning any comments? Thank you very much, this is a public hearing, is there anyone else that would like to address the Commission on this application at this time? Are there any comments from staff? If not I will close the public hearing at this time. Borup: Mr. Chairman, I expected some comment from the public. I do have a question of the applicant then, if I might. Is it too late? Johnson: It is never too late, it does get late. I will reopen the public hearing at this time: Borup: That was on the question, you said you had met with the neighbors and it sounds like you must have done a good job. That was on the buffering, landscaping privacy along the basically the south property line where the ditch is running there now. Smith: Right, we have discussed that with the neighbors and the lady that lives in the most westerly side is here this evening and we have spoken with her. We made her the same offer that we made the other neighbors is that we will attempt, we will survey the rear areas of their homes and based on the locations of their buildings we will try to provide landscaping that will screen from any headlights that might as cars approach from the road try to help prevent that from being a problem or being a problem. The concept of this being a professional office building though we expect it to be basically a day use. -The type of tenants that we may attract may be some of the professionals that doctors that may be working in conjunction with some services at the St. Luke's center. So we don't expect that to be something that will generate any significant night time activity. At the same, time trying to provide them some privacy we are also going to try to somewhat maintain their views of the Boise front by leaving some gaps. Some of the neighbors requested that we don't basically put a large tree right in their line of view whatever that may be of Bogus Basin:-or the rest of the hills. So, we are going to make a sincere effort to make that work for them. Borup: And your plan is to the the ditch? Smith: That is correct. Meridian Planning & Zc. ~~g Commission March 11, 1997 Page 36 Borup: I guess I was wondering on the large tree landscaping over the ditches. Smith: That is a concern that has been expressed by the planning staff and we will obviously submit our plans for tiling that ditch to the Nampa Meridian irrigation district and meet any requirements that they have. They will obviously want some ability to get in there to perform any maintenance if it is required. We have a decent landscape strip there between the parking and where the ditch will be or where the Snyder Lateral is. We feel that we have enough room to both perform some good landscaping and provide the irrigation district with what they will require. Borup: Is the lateral outside your property? Smith: It is entirely within the property. Borup: The staff I think had made a comment perhaps on a privacy wall, is that something that was being considered? Smith: We don't think a privacy wall will work very well. Basically because of the topography on this corner is basically a V that runs from Franklin and Eagle Road down to the Snyder Lateral and then back up on the other side. We think that even a 6 or 8 foot wall would probably be relatively ineffective from screening their view of the backs of those buildings because of their houses are built up the hillside. We, our plan is basically to try and do most of that with landscaping and we are considering some type of fence to .basically provide some partition or separation between the residential and the commercial use. Borup: Thank you, that is all I had. Johnson: Since we are open, any further questions? James Haskin, 3140 East Franklin; Meridian, was sworn by the City Attorney. Haskin: I had a question as to whether, they are going to bring this sewer line and the water line from what direction, it is going to come up Eagle? Johnson: Do you have any other questions, we will have our City Engineer answer that question. Haskin: Well I want to know, when they bring that buy am I going to have to hook onto it? Johnson: Would you address that please Gary? -~ Meridian Planning & Z~g Commission April 8, 1997 Page 5 amount of property that can be developed as to where that lift station is located. That would be the only thing that it would affect. Borup: That was already their understanding, some of the northern lots would not sewer. Smith: I have drawn a line on the preliminary plat that I have indicating the most northerly lots that can be developed in my mind. If you want to attach that as a condition that the phase line be approved by staff and City Council and forward that on as a recommendation then perhaps that would be the procedure. I don't know that might be a suggestion. Borup: I think the applicant is going to need to do that. If he wants to go in and develop lots that are unbuildable and unsellable that is kind of his problem. But they are not going to do that. Smith: The other thing that he needs to decide and he may have already decided is whether or not the lift station in Packard No. 1 is going to remain where it is or if he is going to relocate that farther to the north and to construct. some gravity line between Packard No. 1 and this Packard No. 2. I think that is a decision that is strictly based on money, the amount of capital outlay up front that he wants to make, the amount of land that he wants to open for development as far as sewer service is concerned. He has probably already made that decision. -But there is in my mind and on my plat there is a point or a line that I have drawn indicating that is as far north that he can develop lots with this lift station that pumps into Chamberlain Estates No. 1 subdivision. Borup: I would be in support of Greg's original motion, I think what he said is true, the changes are not substantial. Johnson: One additional point is City Council will not look at annexation and zoning without a preliminary plat. So if you table it then it comes back to us.. Oslund: If it comes back to us we wouldn't necessarily have to have a public hearing, wouldn't have a public hearing.. I don't necessarily what specific issues we would be tackling. This thing, I think it is time to move it forward. There is opportunity at the next step to take care of some of these things. Johnson: Any other discussion? If not we will move on. ITEM. #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 4.26 ACRES TO L-O BY A'a LLC: Johnson: Any corrections or discussions of the findings of fact as prepared by the City Attorney? Meridian Planning & Z~g Commission March 11, 1997 Page 33 Manning: Second Borup: Table that to our next scheduled meeting which is April 15. MacCoy: All those in favor? Opposed? Borup: I correct that to April 8, table it to April 8. MacCoy: Is everybody in favor of that now? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. 4.26 ACRES TO L-O BY A'a LLC: Johnson: I will now open the public hearing and invite the applicant or the applicant's representative to address the Commission. Roger Smith, 870 N. Linder Road, Suite B, Meridian, was sworn by the City Attorney Smith: This project is as discussed a proposal to annex and rezone to limited office the corner of, the southwest corner of Franklin and Eagle Roads. This is primarily for the purpose shown; the three professional office buildings that will be nestled up in the corner. This project meets with the City's comprehensive plan to have this general area basically rezoned to commercial and mixed use. We have received the City's requirements for annexation and zoning and also for the conditional use which we are in concurrence with and have addressed with a letter in writing to.the City. We feel that this would be an excellent use for this parcel of ground compared to other possible uses-for the commercial and mixed use zone. The plan is to have very high quality construction for these buildings basically a split face masonry with glass block and some tinted glass on the exterior structures and an extensive amount of landscaping to both help screen the project from the adjacent residential uses and to buffer noise from both major thoroughfares which this project abuts. The buildings are planned to follow the existing topography and basically blend in with the existing terrain. If you want to look at the elevation that we have now or when we address the conditional use but I can pass this around. The view that is shown there is what the view will be from the corner of Franklin and Eagle. The buildings that are shown the one, in the northeast corner is planned to be basically two stories that are above ground to hide some of the parking we have designed to have the parking underneath that main building for some of the use there. There will be elevators that are going to be in the corners in the parking area along with enclosures for trash so that we keep those out of the exterior of the buildings. The two lower buildings will be 2 stories each with basically a daylight basement concept. The lower floor will be completely below grade of the uphill side of the structure. Walkways are planned in the berms and as shown in the area adjacent Meridian Planning & Z~ng Commission • March 11, 1997 Page 34 to the roadways where landscaping is it is the City's required landscape buffer along Franklin Road we are proposing 20 feet. Along Eagle Road it is 35 feet. Partly because of some questions with the Highway District's request for right of way. Which I believe Shari Stiles can address with you also. They haven't resolved whether or not they will be taking 100 feet there or just requiring 54 feet. In the highway district's conditions we wanted 54 feet that impacts the zoning for this limited office district and what the setback would be from that property line that is along the Franklin Road side. If it ends up at 100 feet we would be looking for the 20 foot setback for the front in Limited Office District which would be a variance from the required 30. We do have plans for extending the city utilities, we have spoken with public works department. There is a plan for extending sewer along Eagle Road from Magic View Drive. We have conducted some surveying in that area and have found out we can service most of if not all of Springwood and Autumn Drives and the houses that abut those streets. Additionally water will be extended from the existing main that is in Eagle Road and is stubbed across to Franklin Road and it will be stubbed along the entire frontage to the west property boundary. We did hold a neighborhood meeting a week ago to discuss any of the neighbors concerns with the project. Most of the neighbors homes that are along the property line were in attendance. We talked about basically trying to work landscaping issues with them and also the privacy issue of our view back to the southwest with basically their views of the Boise front. As I said before we feel this fits with the City's comprehensive plan and we feel that we can meet the conditions set forth in the general and specific comments of the City's letter. Subject to your questions that is all I have. Johnson: Thank you very much? MacCoy: I would like to start off, I commend you or whoever your. designer is architect I think it will be a nice addition to the City. It is pleasing to the eye and also looking at your layout I think it will work. We will talk about that a few moments later down the road. I take it you have read and had a meeting with our staff on all of the conditions? Smith: We have not had a meeting with the staff, but we received the conditions on Friday and drafted a response to that on Monday. MacCoy: You answered my questions on water and sewer already and 1 am going to pass to Keith. Borup: Was there anything specific on any of the staff comments that you had any question on? Smith: No, I think the only thing that has to be resolved is what the Highway District's right of way requirement is going to be along Franklin. They appear to be not ready to commit to the 100 feet and we will probably going with the 54 feet. That may provide a Meridian Planning & Zd~ng Commission • March 11, 1997 Page 35 little bit of room for us to space the site slightly more. But the general concept would remain the same. Borup: For this point, your request for variance on the setback, that was just if ACHD is asking for 100 feet. Smith: Yes it is, and they haven't firmly asked for that 100 feet, they are trying to resolve that issue. Johnson: Mr. Manning any comments? Thank you very much, this is a public hearing, is there anyone else -that would like to address the Commission on this application at this time? Are there any comments from staff? If not I will close the public hearing at this time. Borup: Mr, Chairman, I expected some comment from the public. I do have a question of the applicant then, if I might. Is it too late? Johnson: It is never. too late, it does get late. I will reopen the public hearing at this time. Borup: That was on the question, you said you had met with the neighbors and it sounds like you must have done a good job. That was on the buffering, landscaping privacy along the basically the south property line where the ditch is running there now. Smith: Right, we have discussed that with the neighbors and the lady that lives in the most westerly side is here this evening and we have spoken with her. We made her the same offer that we made the other neighbors is that we will attempt, we will survey the rear areas of their homes and based on the locations of their buildings we will try to provide landscaping that will screen from any headlights that, might as cars approach from the road try to help prevent that from being a problem or being a problem. The concept of this being a professional office building though we expect it to be basically a day use. The type of tenants that we may attract may be some of the professionals that doctors that may be working in conjunction with some services at the St. Luke's center. So we don't expect that to be something that will generate any significant night time activity. At the same time trying to provide. them some privacy we are also going to try to somewhat maintain their views of the Boise front by leaving some gaps. Some of the neighbors requested that we don't basically put a large tree right in their line of view whatever that may be of Bogus Basin or the rest of the hills. So, we are going to make a sincere effort to make that work for them. Borup: And your plan is to the the ditch? Smith: That is correct. Meridian Planning & Zd4'ng Commission • March 11, 1997 Page 36 Borup: I guess I was wondering on the large. tree landscaping over the ditches. Smith: That is a concern that has been expressed by the planning staff and we will obviously submit our plans for tiling that. ditch to the Nampa Meridian irrigation district and meet any requirements that they have. They will obviously want some ability to get in there to perform any maintenance if it is required: We have a decent landscape strip there between the parking and where the ditch will be or where the Snyder Lateral is. We feel that_we have enough room to both perform some good landscaping and provide the irrigation district with what they will require. Borup: Is the lateral outside your property? Smith: It is entirely within the property. Borup: The staff I think had -made a comment perhaps on a privacy wall, is that something that was being considered? Smith: We don't think a privacy wall will. work very well. Basically because of the topography on this corner is basically a V that runs from Franklin and Eagle Road down to the Snyder Lateral and then back up on the other side. We think that even a 6 or 8 foot wall would probably be relatively ineffective from screening their view of the backs of those buildings because of their houses are built up the hillside. We, our plan is basically to try and do most of that with landscaping and we are considering some type of fence to basically provide some partition or separation between the residential and the commercial use. Borup: Thank you, that is all I had. Johnson: Since we are open, any further questions? James Haskin, 3140 East Franklin, Meridian, was sworn by the City Attorney. Haskin: I had a question as to whether, they are going to bring this sewer line and the water line from what direction, it is going to come up Eagle? Johnson: Do you have any other questions, we will have our City Engineer answer that question. Haskin: Well I want to know, when they bring that buy am I going to have to hook onto it? Johnson: Would you address that please Gary? Meridian Planning & ZoTimg Commission • March 11, 1997 Page 37 Smith: Mr. Chairman and Commission members, the sewer line is going to be extended from the St. Luke's area to the north along Eagle Road to serve this project. There isn't any plans at this point to put any sewer in Franklin Road. Anyone that is within the City limits and has a sewer line within 300 feet of their property can be required to connect by City ordinance. Haskin: I could be required to hook onto Smith: Are you in the City limits? Haskin: I am on the northwest corner of Eagle and Franklin, right directly across from this property. Smith: That is in the ordinance, we have not pursued that requirements. We don't need the customers. Haskin: That is the sewer line, what about the water line? Smith: Same situation with the water line. We have not pursued requiring the connection of properties: The only time that properties will connect whether they are in the City limits or outside the, City limits if they are adjacent to sewer or water line is if they are having problems with their on site systems. Haskin: What about sidewalks going through there and meeting on the other side (inaudible) Smith: I don't have any information on that sir. Haskin: I guess that is all the questions I have about it. Johnson: Thank you, there is a lady that also had a comment. Sherri Holloway, 2975 East Franklin Road, Meridian, was sworn by the City Attorney. Holloway: My only concern and I talked with Roger a few minutes ago was that with the allotment that they have to have for Ada County. If Ada County Highway says that they don't have to have quite as much as the 100 feet from the centerline, if they will take the berm and the landscaping and stuff up farther onto our property. Our fence line is from those first, (inaudible) if Ada County decides not to use all 100 feet if they will just bring that up so that as I look out my basement window because I have a big sliding glass window on the bottom and one on the top that I am not looking out into just their on coming traffic right there. That is it. Meridian Planning & Z~g Commission • March 11, 1997 Page 38 Johnson: Thank you very much, anyone else? Any of the Commissioners? I will close the public hearing at this time. This is a request for annexation and zoning, it requires findings of fact and conclusions of law. MacCoy: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: It is moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law on item #12, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE BUILDINGS BY A'a LLC: Johnson: I will now open the public hearing and ask the applicant to come forward and be sworn again. Roger Smith, 870 North Linder Road, Suite B, Meridian, was sworn by the City Attorney. Smith: Mr. Chairman and Commissioners the pronunciation of that is A'a it is a type of lava it is a Hawaiian word. I request that the previous testimony given for the annexation and zoning which applies to the conditional use be entered into the record. Johnson: So on that sketch then those are really palm trees? Smith: No sir they are not. Johnson: Do you have any comments, any questions of the applicant on this? MacCoy: Yes I do, since it is a two story building are you making any preparation to take care of the handicapped going from the first floor to the second floor? Smith: Yes sir, inside the main building in the corner there will be two elevator shafts which will serve from the parking area up to each of the levels of the main building and there will be a connecting pathway between the two other buildings and that building on their upper floors. So, they will have ADA access on the lower floors obviously for the two buildings there. We will provide that and on the upper floors they will have access from the parking lot. The plan is basically to provide the handicapped parking in that lower area so that persons requiring those services will be able to get out on either side, use the elevators going up and accessing the adjacent building. :a . Meridian City Council May 6, 1997 Page 18 Bentley: Mr. Mayor, I would agree that these two items need to be tied together in some fashion and the R-8 is I think the zoning I think we need on this also. Rountree: I don't have anything more to add. Corrie: I will entertain a motion to that effect. Bentley: Mr. Mayor, I move we table the request for annexation and zoning of one acre by Larry Hansen until May 20. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to table the request for annexation and zoning, item 5 until May 20th meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 4.26 ACRES TO L-O BY A'a LLC: Corrie: I will open the public hearing at this time and invite the representative from the A'a LLC to come forward. Roger Smith, 870 N. Linder Road, Suite B, Meridian, was sworn by the City Attorney. Smith: Mr. Mayor and Council members, I am representing this project which is essentially what you have before you. It is three professional office buildings which are on the southwest corner of Franklin and Eagle roads. This is intended to be a professional office use which is going to be a daytime strictly normal working hours 8 to 5 type operation. We have had several discussions with the Highway District which is probably our most significant concern right now. Which have resulted in reshaping the usable area for the lot. The Highway District has come down on a resolution just in the last few weeks that and we finally had a final copy of that at the end of last week which is going to take an extra 43 feet on the west side of Eagle Road which will cut into our property which was not an option that was every .previously discussed with the Highway District and the State transportation department. The highway district has also settled upon taking an additional 24 feet on Franklin Road side which has a taper. This all centers around a proposed urban interchange that is planned for that intersection and basically the 2015 budget. It is a significant distance in the future we feel we will be maintaining approximately 70 feet of landscaping between the building and the current edge of pavement on each side of the property for at least we consider to be approximately 20 years. To make this project as attractive as possible for the investors Meridian City Council May 6, 1997 Page 19 and we hope to be tenants in this building in the near future pending your approval. We want to make this thing look as nice as we can and tend to maintain this in a pretty attractive state of appearance. Additionally we have, and this kind of leads of to the probably a letter that you may have seen that addresses a variance request. If we need to go back and submit additionally for the variance request to keep the process in order we will do that. We feel that if we can get the project approved as drawn right now that it would be the most expedient and efficient way to take care of the project. There are several other things that we feel that make this project attractive. We intend to extend sewer down Eagle Road from basically the current Texaco .the Jacksons intersection there at Magic View Drive to the corner of Franklin and Eagle. We will also be extending water from the current Franklin and Eagle intersection along the frontage which is over 550 feet. Other than now that the Highway District has settled on the requirements we don't really have any issue with any of those. We will be putting sidewalk and a berm, we will have a significant landscape area as I said. It should, we will provide what we think is more than adequate parking. There is significant design appeal we feel to the building that we proposed with the split face masonry block glass block for some privacy for the properties to the south and some slightly reflective glass it is a blue with a gray split face masonry block to make this as attractive as we can. Subject to your questions or comments that is all I have. Rountree: I have a question, just for point of information, it doesn't have a lot of bearing per se on the annexation. Do you have an elevation of the buildings proposed. Smith: We .submitted that during the planning and zoning meetings. These are two story buildings but they are daylight basement. To further explain the concept since you don't have an elevation view and we don't have one of the rear view. The three buildings, the two outside buildings, the ones, as you face the plan on your right and left hand sides the smaller of the buildings will be (inaudible) the smaller of the buildings are both two story. They have basements that will be, the lower floors of them will essentially be completely into the hillside. From the street side where will only be one story visible of those buildings. From the back side it will give it a grade change along the side of the building that will come down from the back side you will see a two story building. The main building will be, the corner building will be a two story building with a completely buried basement which will have parking under it. So that building from the street will appear to be, kind of the staggered two story that you see on that elevation. For your information Mr. Mayor, the pronunciation is A'a. Corrie: Anybody else from the public that would like to issue any testimony on A'a LLC? Hearing none, Council, any questions or discussion? I will close the public hearing. Bentley: I would like to hear if the staff has any comments on this project. Meridian City Council May 6, 1997 Page 20 Smith: From the public works department standpoint the sewer is available or can be extended to serve the project. Water is in Eagle Road on the east side that can serve the project. I guess that is about the only comments that I would have. Morrow. Mr. Mayor, point of clarification, it is on the east side of Eagle Road which would mean boring under Eagle road to hook to this parcel. Smith: Yes that is correct. Morrow Mr. Mayor, I have a question for Shari, this letter that was in our boxes tonight apparently with ACHD and ITD having additional right of way requirements. It talks a little bit about the landscaping issue. I know that when we have been dealing proposed projects by Eagle Partnership Limited comes to mind we were talking a consistent 35 foot landscape entrance corridor to the City requirement. If I am understanding this letter correctly they are asking for at build out a lesser amount of landscaped area then the 35 feet. Stiles: That is correct, they are asking fora 20 foot setback from ultimate right of way, (inaudible) the intersection is built out. Morrow: So at that point in time their landscaping would be 20 feet instead of 35. Mr. Mayor, I have a question for counselor, the issue before us tonight with respect to the landscaping did require a variance in a separate application is that correct? Crookston: That is correct. Morrow: So it is not really an issue with respect to the annexation or zoning? Crookston: Not if a variance is requested. Stiles: Mr. Mayor and Council, the variance they would be requesting would be on the setback requirements in the LO zone not the landscape requirement. Morrow But that is not part of tonight's issue before us. If we, that would have to be a separate application and we would make the decision at that time whether we were going to grant a variance for the setbacks or not. Stiles: I believe so. Smith: Mr. Mayor, I need to issue a correction on a statement I made, the water service will come off of Franklin Road rather than Eagle, it would not require boring under Eagle Road. Morrow: I have no further questions. Meridian City Council May 6, 1997 Page 21 Corrie: I will entertain a motion on the annexation and zoning. Morrow. Mr. Mayor, I would .move that we would adopt the findings of fact and conclusions of law as prepared for us by P & Z. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to adopt the findings of fact and conclusions of law as adopted by Planning and Zoning, any further discussion? Roll call vote ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Decision or recommendation? Morrow. Mr. Mayor, I would move that the City Council approve for annexation and zoning under the conditions set forth these findings of fact and conclusions of law. Including that the applicant or its successors and interests, assigns, heirs, executors or personal representatives enter into a development agreement and the property only be developed under the conditional use process. That if the applicant is not agreement with these findings of fact and conclusions of law and are not agreeable with entering into a development agreement the property shall not be annexed. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision and recommendation, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Mr. Mayor, I would move that we instruct the City Attorney to prepare an annexation ordinance. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley for the City Attorney to draw up an annexation ordinance, any further discussion? All those in favor? Opposed?' MOTION CARRIED: All Yea Meridian City Council May 20, 1997 Page 10 Rountree: That being the case if we amend item C does that override the ordinance language? Crookston: What you would do, if you do not want some of the paragraphs and the reason I did it with both A through D and another ordinance with A through F was because of the problem of what is in those. So .what you need to do is pass the ordinance that has A through D or A through F. Rountree: I understand the explanation. Morrow: What we would be eliminating with Mr. Rountree's motion would be on page 3, these conditions shall run with. the land and .bind the applicant (inaudible) and Item F would be meet the requirements and conditions of the findings of fact and conclusions of law. Would that be the two that would be stricken? Crookston: No, you are striking paragraphs, as you look at page 3 has A through F, what you are striking is the language in paragraph C & D you are re-lettering then. Bentley: E becomes C, D becomes F. Crookston: That is correct, because I didn't know whether or not you wanted that. The language that is in those paragraphs C & D included or not. Morrow. Is your motion then Mr. Rountree and Mr. Tolsma stand? Rountree: My motion stands with paragraph A through D. Morrow: Roll call vote ROLL CALL VOTE: Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #7: ORDINANCE #763 - A'a LLC ANNEXATION/L-O: Morrow: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE NE '/~ OF THE NE '/4 OF SECTION 17, T.3N, R.1 E, B.M. ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that wishes to Ordinance #763 to be read in its entirety? Is there a motion? Rountree: I move that we approve Ordinance #763 with suspension of rules. Bentley: Second Meridian City Council May 20, 1997 Page 11 Morrow: It has been moved and seconded to approve Ordinance #763 with the suspension of rules, roll call vote. ROLL CALL VOTE: Bentley -Yea, Rountree Yea, Totsma -Yea MOTION CARRIED: All Yea ITEM #8: TABLED MAY 6, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE BUILDINGS BY A'a LLC: Morrow. I believe it was tabled pending the annexation taking place and a presentation of landscaping. Smith: Council members my name is Roger Smith I work here in Meridian at 870 N. Linder Road, Suite B. I have brought with me tonight some actually I just received from the architect an hour ago which is an elevation showing the landscaping on the rear of the building. Additionally I have another 11 by 17 of the site plan for each of you showing the planter locations along the southern portion of the property. The plan for the landscaping on the lower portion of the lot is to have a mix of deciduous and coniferous trees to allow both a change in view and leafing out in the Spring and Summer time of the deciduous trees and also in the winter time they will provide some sound and visual screening in those planters when the deciduous trees lose their leaves they will still be able to provide the visual effect. I would like to note on that elevation that we sort of needed to leave out some of the trees on that perspective view. There is an area in between the buildings in the center that will have approximately 8 planters which will have trees around the fountain area. But to give a perspective of what the building will actually look like in that area we elected to keep those trees out. The spacing of the planters on the backside on each side of the parking lot are approximately one tree every 30 feet. There will be additional lower landscaping that will be between the planters to attempt to provide some screening but we had to keep some of that out so you could still see the buildings. Morrow. Questions Mr. Tolsma? Mr. Rountree? Rountree: Do you have any specs prepared on the landscaping or are you just consistent with the ordinance? Smith: Consistent with the City's ordinance, we will provide significantly more trees than the minimum required of 1 per 1500 square feet of asphalt. Morrow. Mr. Bentley? Staff or Shari any questions? Gary? Thank you, what is your pleasure Council? What would be appropriate is to adopt the findings of fact and conclusions of law for the conditional use permit if you were sufficiently satisfied concerning the landscaping requirement.