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HomeMy WebLinkAboutMinutes.. Meridian City Council Meeting September 19, 2000 Page 2 100 vehicles by Ada County Highway District currently in a C-G zone -southwest corner of Meridian Road and northeast corner of Overland Road: Item F. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC -southwest corner of Black Cat and Ustick Roads: Item G. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: PP 00-009 Request for Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision by Gem Star Properties - southwest corner of Black Cat and Ustick Roads: Item H. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: VAC 00-005 Request for vacation of the alley intersecting East 1St between Pine Avenue and Idaho Street on the east side currently in an OT zone for Generations Plaza by Gary Benoit -East 1St and East Pine Avenue: Item I. Findings of Facts and Conclusions of Law: AZ 00-016 Request for annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch .Village planned-unit development by Steiner Development, LLC -south of Ustick Road and east of Black Cat Road: Item J. Findings of Facts and Conclusions of Law: PP 00-016 Request for Preliminary Plat approval of 48 building lots with 1 existing home and 5 other lots on 10.19 acres for proposed Wilkins Ranch Village planned-unit development by Steiner Development, LLC - south of Ustick Road and east of Black Cat Road: Item K. Findings of Facts and Conclusions of Law: CUP 00-040 Request for Conditional Use Permit for proposed Wilkins Ranch Village planned-unit development consisting of 48 single-family lots ranging from 5,252 s.f. to 9,525 s.f. in a proposed R-8 zone by Steiner Development -south of Ustick Road and east of Black Cat Road: Item L. Findings of Facts and Conclusions of Law: VAR 00-017 Request for variance from the maximum 1,000-foot block length for Bear Creek Subdivision by Briggs Engineering -east of Stoddard Lane and south of Overland Road: Meridian City Council Meeting September 19, 2000 Page 3 Item M. Findings of Facts and Conclusions of Law: VAC 00-005 Request for vacation of public utilities, drainage and irrigation easement along common lot line between Lots 22 and 23 of Block 10, The Lakes at Cherry Lane No. 6, by Ron Leslie: Item N. Findings of Facts and Conclusions of Law: VAC 00-007 Request for vacation of public utilities, drainage and irrigation easement along common lot line between Lots 35 and 36, Block 17 of Haven Cove Subdivision No. 9 by Glenn Blaser -east of Ten Mile Road and north of Pine Avenue on Ebbtide Street: Item O. Findings of Facts and Conclusions of Law: VAR 00-013 Request for a variance of the 1,000-foot maximum block length for proposed Bridgetower Subdivision by Primeland Development Co., LLP, in a proposed R-4 zone -north of Ustick Road and east of Ten Mile Road: Item P. Findings of Facts and Conclusions of Law: AZ 00-017 Request for annexation and zoning of 52.90 acres from RT to R-4 by Primeland Development Co., LLP, for proposed Bridgetower Subdivision -north of Ustick Road and east of Ten Mile Road: Item Q. Findings of Facts and Conclusions of Law: PP 00-017 Request for Preliminary Plat approval for proposed Bridgetower Subdivision with 106 building lots, 1 HOA recreation center, 1 park lot and 19 common lots on 46.2 acres in a proposed R-4 zone by Primeland Development Co., LLP -north of Ustick Road and east of Ten Mile Road: Item R. Findings of Facts and Conclusions of Law: CUP 00-043 Request for Conditional Use Permit to construct aplanned-unit development consisting of 106 building lots by Primeland Development Co., LLP for proposed Bridgetower Subdivision - north of Ustick Road and east of Ten Mile Road: Item S. Development Agreement: Packard Acres Subdivision with Packard Estates Development, LLC: Item T. New Beer and Liquor License: Applebee's Neighborhood Grill & Bar by Restaurant Concepts II, LLC - 1460 North Eagle Road: Item U. Resolution No. 336: For first addendum for franchise agreement to perform solid waste collection for SSI to provide for the addition of recycling program: Meridian City Council Meeting '" September 19, 2000 Page 4 Item V. Resolution No. 337: To provide for the increase in rates and set solid waste collection rates: Corrie: Okay, Council. You have the Consent Agenda in front of you. What would you like to do with that? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Item B we'd like to table to October 3, 2000; Item D tabled to October 3, 2000; We'd like to pull Item F to 1 F on the regular agenda; pull Item G to 1 G on the regular agenda; pull Item H to 1 H on the regular agenda; and U, the number is 336, Resolution No. 336; and V is Resolution No. 337. With that I would make a motion that we approve the Consent Agenda as noted. McCandless: I'll second. Corrie: Motion made and seconded to approve the Consent Agenda with Item B being tabled until October 3rd and Item D to October 3rd and F, G and H would be pulled and be the first items. on the regular agenda. Is there any further discussion? Hearing none. Roll-call vote, Mr. Berg. Roll-call: Anderson, aye; De Weerd, aye; Bird, aye; .McCandless, aye. MOTION CARRIED: ALL AYES. Item F. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC -southwest corner of Black Cat and Ustick Roads: Corrie: Now, the Regular Agenda. We will take up Item F which is pulled from the Consent Agenda. This is the Item -Findings of Facts Conclusion of Law: AZ 00-009 -request for annexation and zoning of 101.4 acres from RT to R-4 for Autumn Faire Subdivision. Staff, comments. Nichols: Mr. Mayor, members of the Council. The revisions to the proposed findings after I received a letter from the attorney for the applicant pointed out some corrections that needed to be made. I can go through those fairly quickly. This is on the annexation and zoning. Page 1, we had incorrectly listed Langley Farms as the applicant, when in fact it was Gem Star Properties, so we made that correction. Then down to page 6 -what previously was Item 16.8 and 16.10 in the previous ones were duplications, so we just left 16.8 and moved the rest of them up. Then, the next item, which was also on page 6, which is Item 16.13 in the revised findings, they wanted us to designate where this pathway was going ,~ Meridian City Council Meeting September 19, 2000 Page 5 to be so that they'd know exactly which lots were to be shortened by 10 feet. That was what the testimony was. It-was only along that southern. boundary where the Sky Pilot Drain is. So, it's just a further clarification on the pathway that was going to be provided as part of the development. Then there was another duplicate portion which was eliminated that had to do with the donation of the park site or in lieu thereof - in lieu of the impact fees the letter of credit. So I simply just straightened that part of it up. Those are pretty much the only revisions that were anything of substance that were made. Of course, the corresponding conditions were also changed. Corrie: Okay. Council, with those changes, do you want to motion for accepting the Findings of Facts and Conclusions of Law? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Findings of Facts and Conclusions of Law on the request for annexation and zoning for 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC with comments from legal counsel. Anderson: I'll second that. Corrie: Motion made and seconded to approve the Findings of Facts and Conclusions of Law of the annexation and the conditions of the Preliminary Plat on G. with the corrections that were made by the attorney. Any further discussion? Hearing none. Roll-call vote please, Mr. Berg. Roll-call: Anderson, aye; De Weerd, aye; Bird, aye; McCandless, aye. MOTION CARRIED: ALL AYES. Item G. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: PP 00-009 Request for Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision by Gem Star Properties - southwest corner of Black Cat and Ustick Roads: Nichols: Mr. Mayor, members of the Council. On Item G, again, there were some corresponding clean-up of the proposed findings. Again, in reference to Dean Langley, we incorrectly noted him as the applicant when he was the representative of the owner, rather than the applicant. That was a change that was cleaned up. On page 6, under Item 2.9, which had to do with the landscape buffer, the minimum is 20 feet. They were proposing 20 feet, and we had down as 30, so it should reflect the 22 feet that's shown on the plat. So that's a r`~ _ e_ Meridian City Council Meeting September 19, 2000 ., Page 6 correction that we made there. Then, in the revised Preliminary Plat that had been submitted, one of the longer blocks had been broken up by a micro-path which eliminating the necessity of going for a variance on the block length. So we needed to reflect that in the findings. Then there were some items with regard to streets that referenced ACRD recommendations which needed to be revised slightly and then referral reference to the proposed park which is actually in proposed Autumn Faire Subdivision 2, which has not yet come before you,, but that needed to say Autumn Faire No. 2 and we had to make that correction. I believe there was another one which had to do with when the stub, street, sewer and water to the proposed park site would be constructed that we didn't have the correct phase noted. So all of those things are not substitute -the major (inaudible) changes just simply cleaning it up. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve the Findings of Facts and Conclusions of Law and Decision of Order for the Preliminary Plat approval for 78.4 acres - 263 building lots and 12 other lots proposed by the Autumn Faire Subdivision by Gem Star Properties with the comments the City Attorney has incorporated. De Weerd: Second. Corrie: Motion made and seconded to approve the Findings of Facts and Conclusions of Law on Item No. PP 00-009, Item G. with the comments of the attorney included. Any further discussion? Hearing none. Roll-call vote, Mr. Berg. Roll-call: De Weerd, aye; Bird, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES. Item H. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: VAC 00-005 Request for vacation of the alley intersecting East 1St between Pine Avenue and Idaho Street on the east side currently in an OT zone for Generations Plaza by Gary Benoit -East 1St and East Pine Avenue: Corrie: Okay. Item H was also pulled. This was tabled from the September 5, 2000 meeting -- Findings of Facts and Conclusions of Law -request for vacation of the alley intersecting East 1St between Pine Avenue and Idaho Street on the east side currently in an OT zone for Generations Plaza by Gary Benoit -East 1St and East Pine Avenue. Meridian Planning and~ing Commission May 9, 2000 Page 60 Brown: If you want to make a substitute motion I'll let you do that but I think that we should leave it with the parks department and the developer to work it out. It is more reasonable. Hatcher: Very well. Borup: Okay. So the motion was to approve with the staff comments 1-8 and 1-4 on requirements and to include a park site south of the drain. Is that essentially your motion. Okay. Do we have a second? Norton: Do we need to include the stub street. Borup: No, that will be on the plat. Hatcher: I second the motion. Borup: Any discussion? All in favor? MOTION CARRIED: ALL AYES 13. PUBLIC HEARING: REQUEST FOR.PI~LtINt~A~I( P4AT OF 78.4 ACRES FROM RT TO R-4 FOR PROPOSED AUTUMN FAIRE SUBDIVISION B~-.GEM ~.~AR PROPERTIES, LLC -SOUTHWEST CORNER OF BLACK CAT AND "U5TICK ROADS: Borup: Brad. Anything additional? Hawkins Clark: I'd like to spend the next hour going over some---nothing further to add. Brown: Is it a needed requirement that that be a lot in the Subdivision for the park site. Borup: As long as it is in the city limits and has a legal description and its got access to that - Brown: (Inaudible) building permit other than a one or two holer. Hawkins Clark: There is an existing 100 acre and essentially they are coming in for a plat on one, so that creates a remnant 22.5 acres. That remnant piece its going to be section land so if your saying-I am not aware of any ordinance that says a city park well site anything is required to be included in a Subdivision. I need to check on that. Borup: The larger parks have not been. ` ~ Meridian Planning and~ing Commission • May 9, 2000 Page 61 Hawkins Clark: At this point it would be very difficult it seems to be especially for the developer to develop a meets and bounds description for a park site before the next City Council meeting. There are issues to be worked out with accessibility. Borup: It depends on how fast Mr. Kuntz and his department can get moving. Sounds like the developer feels they can do it if an agreement on the exact location can be worked out and the location is going to have to be at one of the two stub streets. Or another stub street need to be provided. Hawkins Clark: Parks technically are not permitted outright in the R-4 zone. It would require a conditional use permit. If it is designated as a lot in a plat it does not require a conditional use permit. Borup: If it was not a lot then it would require a conditional use permit. Hawkins Clark: That's correct. Borup: So between now and City Council it does need to have a specific lot designated. We said that. So we add one lot to the plat apparently, unless we want to come back in with a conditional use permit and rezone and everything else. Sounds like they are prepared to have that added. Mr. Stanfield any other comments you'd like to make. Stanfield: We will do whatever it takes to keep us moving along and get this park shown on our preliminary plat for council meeting and recognize we have to show it before the agenda is set for the next council meeting. We will work with the parks department. We will meet ACHD's requirements on stub streets, 3 locations. The well lot will be shown and all those conditions will be met except for ---we can meet all of the conditions. Borup: Do we have anyone else. Langley: I just want to mention again since I don't believe I heard conclusion on the issue of the page 9 number 11 issue on the stub on the south parcel and the vehicular access on the north. Borup: Those are both or will be included in the preliminary plat. Yes. Norton: Mr. Chairman I'd like to close the public hearing. Barbeiro: I second the motion. Borup: All in favor. MOTION CARRIED: ALL AYES ` Meridian Planning and ~ing Commission May 9, 2000 Page 62 Brown: I recommend approval of the preliminary plat of approximately 277 lots on more than 78 acres for the Autumn Faire Subdivision by Gem Star, LLC on the southwest corner of Ustick and Black Cat subject to staff recommendations with the inclusion of the two stubbed roads (inaudible) by the applicant and the access on the northeast corner also. Norton: I will second that motion. Borup: All in favor. MOTION CARRIED: ALL AYES Borup: Our policy is to close this meeting by 1 o'clock END OF SIDE SIX 14. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR REVITALIZATION OF EXISTING BUILDING TO HOUSE A RESTAURANT/OFFICES ZONED 0-T BY COLE ASSOCIATES- GENERATIONS PARK PLAZA BUILDING 1-FIRST AND IDAHO: Frown: Mr. Chairman, I would move that these people don't sit through this. We are not going to get to those last two items. I just don't see that we are going to do it and these people are going --- Borup: We had one public testimony on this item, but I would tend to agree. You proposing that we move it to the next meeting. Brown: I just don't see it happening and I feel really poorly for these people that sit here and at 1 o'clock we tell them we are not going to go. That is my feeling. Borup: Your proposing that we move 16 and 17 to next meetings agenda. Do we have enough room on that agenda to add - Hatcher: If we were going to move it, we should have moved it hours ago. Not now. Borup: This could be first on the agenda of that meeting because it will not be noticed so we could revise that agenda. How do you commissioners feel? Hatcher: I concur with Kent's idea. We are probably not going to get to this within the next hour, but if we were going to propone it we should have done it several hours ago so these people did not have to sit here all night only to hear that we are postponing it. Borup: I think we brought that up.