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HomeMy WebLinkAboutMinutes,_ _ ~' ~ ~W Meridian City Council April 15, 1997 Page 21 ITEM #14: REQUEST FOR APRELIMINARY/FINAL PLAT FOR TEN MILE SQUARE BY ALBERTSON'S INC.: Corrie: Is there a representative from Albertsons here tonight that would like to give testimony first? Anderson: My name is Gordon Anderson, t live at 3978 W. Aspen Creek Court, Meridian. I represent Albertson's Mr. Mayor and Councilmen and Staff. This is a subdivision plat that we had approved at one time and got a one year extension and then also let that one year extension expire so we want to continue with the project and go through the final stages. So we are here to submit it as a preliminary/final application.. Since we first started the project there has been some easements that have been developed and they are in the process of being signed and recorded. They have been drafted up. Albertson's intends to comply with all City ordinances, I know that one of the ordinances that is being dealt with right now is the lighting. The lighting fixtures have been ordered and they are supposed to be in delivery this week and then installed next week is what I understand. I can't promise that, I know they are on their way. When I look at the general comments and the site specific comments that Bruce Freckleton put together we found out through the development of the store that some of the easements weren't really needed and we knew that early on when we were going into the platting process back in 1995. To demonstrate that some of the utilities weren't really concerned with the easement they drafted some letters and sent them to myself and Albertson's stating they didn't have a need. We wanted to see if we could have that site specific comment number 1, item 6 removed from the site specific comments. Other than that we are going to revise the mylars for the final plat to the city's comments. Also comply with the other city ordinances. Does anybody have any questions that I can answer? Corrie: Any questions? Thank you Morrow. Mr. Mayor, I have a question for Gary Smith, first off your comment about item 6 that Mr. Anderson wishes to have stricken from the plat, the public right of way the 10 foot wide easement. Smith: Councilman Morrow, Mayor and Council, I think if we have a comment from the utilities that they don't need that easement that certainly can be removed. Morrow: What format would that come in, would we solicit that or is that up to the applicant to (inaudible). Smith: Ithink the developer's engineer or surveyor could solicit that information for the utilities. Rountree: I guess I have a question along those lines Gary, is that easement there now or is requested to be. ._.# Meridian City Council April 15, 1997 Page 22 Smith: It is requested to be so it is part of the plat. Rountree: It hasn't already been established? Smith: No Rountree: Okay, so there wouldn't have to be a vacation. • Morrow. The second issue that I wish to address is that there were major discussions at the time this was originally going through with respect to sewer. One time we were led to believe that this was going to be a one lot development and no further development was going to occur on that site. Is that, the private sewer line was going to be okay given that issue. Can you bring us up to speed with where we are at with all of that and those original findings? Smith: It taxes my memory a little bit on the development of that parcel of ground but I believe that the plat was discussed prior to the development plans for Albertson's being submitted to us. So the plat is, the two lot plat has been discussed for several years I guess you could say. At this point Albertson's has granted an easement for extension of sewer to the Lovan property and they have granted an easement for extension of water service to Lovan's property. They have installed those service lines and they have as I understand it they have entered into an agreement with Lovan to reimburse for him to reimburse Albertson's a percentage of the cost for the installation of the sewer and the water services. Morrow: My question is also, I understand the Lovan issue. My question now is with lot 2 or what could be lot 2. The sewer service to lot 2 then would also be a private sewer service is that correct? Smith: Yes Morrow: So my point is that the City of Meridian has no liability for any of those services pas the property line is that correct? Smith: We have no liability for the sewer service from the manhole and Ten Mile Road. We have liability for the water service up through the water meter on, well I think the water meter for Lovan's property is just off of Cherry Lane Road and I don't know where the water meter is for Albertson's. I think it comes. off of Ten Mile Road. But we have no liability for any of the services on the property on Albertson's property that are not in an easement. Let me back up, the liability for the water services are through the meter and that is typical for any of our water services. We have no responsibility for the sewer service from the public main line. That is in accordance with what our ordinance says. 1 Meridian City Council April 15, 1997 Page 23 Morrow: My next question in terms of the water system is that, for lot 2, the location of the meter is that location and access to that meter protected by some sort of easement to the City or is that a requirement of the plat. How do you handle that service? Smith: The meter for lot 2 will need to be locat sdsf for Albertson's Ifood store~f I amnnlot Road probably adjacent to the meter that ex sure how the water comes into lot 2. Morrow. So that is within our public right of way then it is not for public easement, from the meter on then we don't need to be concerned about .easements to lot 2 for that service. That is an issue within the plat that the owners have to take care of? Smith: Right Morrow: Thank you, I have no further questions. Corrie: Any further questions of the Council? I will entertain a motion for the request. Rountree: Mr. Mayor, I would move that we approve the preliminary plat for the Albertson's Inc. Subdivision subject to all conditions of staff, ACHD. Morrow: Second Corrie: Motion is made by Mr. Rountree, second by Mr. Morrow to approve the preliminary plat for Ten Mile Square as stated, any further discussion? Crookston: I think the application is to have the preliminary and final plat approved. Rountree: I understand that Wayne and I guess for discussion purposes there are some outstanding questions about how some of this stuff is going to be done. I think that staff ought to have an opportunity to review the preliminary unless they are comfortable with the preliminary as submitted two years ago. Morrow. And I understood that in terms of the second. Smith: Mr. Mayor and Council members the preliminary was resubmitted to us with the final, it was a combined submittal. We have made comments Rountree: So your comments are for the final as well? Smith: Yes Morrow: Question in terms of your amending the motion and we had item 6 that needed to be verified by the power company. So do you wish to restructure the motion or do you Meridian City Council April 15, 1997 Page 24 wish to restructure the motion or do you wish to leave it as a preliminary and then have the staff research that and then deal with the final at the next meeting . Smith: Mr. Mayor and Council, we can handle the finalmlaanies stating that they don t approval upon our receipt of letters from the utility co p require that 10 foot easement. Morrow. My question to Mr. Rountree would be do you wish to amend that comment or do you want to start over? Rountree: I think I will start over. Morrow. I withdraw the second. Corrie: Do you want to retract your previous motion? Rountree: Mr. Mayor, I want to rescind my previous motion. Corrie: Is the second- rescinded? Okay Rountree: Mr. Mayor, I move we approve the preliminary and final plat for this application subject to all staff conditions andeebepe ~e anld Ten Milent of the need for public utility easement adjacent to Cherry Lan Morrow. Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow on the motion hat was presented, any further discussion? Hearing none, all those in favor? Opposed . MOTION CARRIED: All Yea Corrie: Before we get into Department Reports gentlemen usions ofleawtofstem #6 on need to go back and approve the findings of fact and concl the conditional use permit for the construction of the Middle school academy. Morrow. We didn't do that at our last meeting? Mr. Mayor I would move that we approve the findings of fact and conclusions of law as 9o nt School Dis ct Noo 2the conditional use permit for Meridian school academy by the J Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the findings of fact and conclusions of law as presented to us by the Planning and Zoning, any further discussion? Roll call vote - ~ Meridian Planning & ZoTfig Commission April 8, 1997 Page 13 MacCoy: Second Johnson: Motion and a second for approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR APRELIMINARY/FINAL PLAT FOR TEN MILE SQUARE BY ALBERTSON'S INC.: Johnson: I will now open the public hearing and invite the applicant or the applicant's representative to address the Commission. Gordon Anderson, 3979 W. Aspen Creek Court, Meridian, was sworn by the City Attorney. Anderson: I work for WH Pacific, we represent Albertson's tnc. What we have here is a subdivision that we submitted two years ago, got a one year extension on it and that expired March 21St. Part of the reason that the extension expired was dealing with some easements on the property trying to get that drafted up between the neighbor to the west and tried to get everything together and get this finalized but time just ran out on us: But what we are asking is for approval of a two lot- subdivision, lot 1 would be another commercial site lot and we previously obtained a zero lot line variance between lots 1 and 2. This site currently is built up at the new Albertson's store and there is parking on a majority of lot 2, part of lot 1. All the public utility easements and private easements are shown on the copy of the preliminary and the final. These consist of an access easement to the property to west. A private water line easement and a private sewer line easement to that parcel. Also near the southerly part of lot 2 is an easement. for the Eight Mile Lateral and also an easement for the power transformer in the back of the building. There will be a strip of land dedicated to ACHD (inaudible) along Ten Mile for additional right of way. Proposed use for lot 1 is going to be a small retail building, I really don't know what the plans are. I think there was something submitted to the City on that. Can I answer any questions? Johnson: Any questions of the applicant's representative? Fitzgerald: Mr. Chairman I do have one question. You had mentioned there was some issues regarding easements with your neighbor to the west from Albertson's Inc. Has that all been resolved and settled? Anderson: By the time this plat is signed and recorded it will all be signed and recorded. I know that the documents have been written up, I don't know if all parties have signed them yet. To the best of my knowledge the previous conditions of approval stated that there would have to be easements in place. I was kind of assuming that would be the case again. But I don't know if I saw that on any of the City's comments. Gary did you Meridian Planning & Zo~g Commission April 8, 1997 Page 14 know if there were any additional comments (inaudible) to make sure that is in place, access easement (inaudible). Smith: No I don't, if the highway district didn't comment I don't know. Anderson: I didn't see their comments here, I had a review, a tech review meeting with them. They implicated that the would like to see that document recorded. Plus there will be some negotiations made on the impact fees on Ten Mile Right of Way take also. Johnson: Any other questions? Have you read the City Engineer's comments and do you have any questions on any of those? April 2"d letter. Anderson: I have a copy of that here and I see that Gary would like to see a 10 foot permanent utility easement along the right of way lines. That is a pretty typical subdivision requirement to allow a corridor for public utilities to lay their lines. Through this development we found out that the utilities didn't need that corridor plus I received some letters from the utilities that stated that they weren't interested in the easement. If that satisfies Gary I would like to remove that one comment. That wouldn't make or break the subdivision if that was still on there. It was never utilized and there wasn't an easement. I can furnish Gary a copy of those letters. Johnson: So on those comments that letter April 2"d are we talking about page 2, site specific 1, (inaudible). Anderson: Correct Johnson: Okay, any other comments or answers? Any other responses to the Engineer's letter? Anderson: The general comments on outside lighting, I just wanted to comment on that. The lighting is going to be replaced, revised, modified and I did get word today from Albertson's that they are going to be shipping, the parts, poles and lights to the site. Shipment will start on the 12th and if the shipments arrive and everything is in place they plan on completing that work the week of the 21St of April. That is pretty much all that I have. Johnson: Thank you very much, this is a public hearing is there anyone from the public that would like to address the commission at this time. Seeing no one then I will close the public hearing. _ Oslund: Mr. Chairman, I move that we make a recommendation to the City Council that the preliminary plat be approved. Borup; Second Meridian Planning & Zo~g Commission April 8, 1997 Page 15 Johnson: We have a motion and a second to recommend approval of the preliminary plat to the City Council all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Mr. Chairman, point of clarification, is that with conditions of staff with exception of the one item that Gordon talked about on the City Engineer's comments? Oslund: It doesn't appear, not explicitly. Not being one to take back my motions let's see how I can weasel out of this one. It is going to go to Council and it is going to have another public hearing and you will be there and you can tell them your concerns and we are all set. (End of Tape) ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR DRIVE UP WINDOWS, AND 2 BUILDINGS ON THE SAME LOT BY R.T. NAHAS CO.: Johnson: I will now open the public hearing and ask the applicant. or the applicant's representative to address the Commission at this time. Larry Knopp, 355 South 3~d Street, Boise, was sworn by the City Attorney. Knopp: We are submitting a conditional use on two buildings and two drive up window facilities on a lot out at Corporate Valley, Central Valley Park. The buildings are approximately 4,000 square feet each. They are retail commercial in nature. The one building the tenant in building A he has one tenant that is florist. Building B that has a drive up facility on it is a coffee drive up, fast food, coffee, espresso. That is why we are asking for the drive up window facility. Located one on each end of the building, we don't know if both of them will be used. The owner wanted the flexibility as far as lease space goes to have the option on drive up window. That is why we are requesting two of them on that one building. Johnson: Anything else or is that it? Knopp: I think that is about it. Johnson: Any questions of the applicant's representative? MacCoy: I do, how about your building elevation construction (inaudible) Knopp: It will be a combination brick and stucco. We will also have some fabric awnings that will be decorated and designed over the window areas. MacCoy: And your roof is?