Loading...
Minutes' Meridian Planning and ~ng Commission May 9, 2000 Page 48 Borup: Are you recommending that staff needs to take a look at other home businesses that are in there without--- Hatcher: It is not staff's job but the -I believe it is our police department that the zoning ordinance and if there are other violators then they should be cited equally. Borup: All in favor? MOTION CARRIED: ALL AYES Brown: Mr. Chairman, are we going to get all this items tonight? Borup: Do you want to go on to 12 and 13 right now. What a break. Brown: What I don't want to do is be here until midnight and then tell the last two applicants that we aren't doing them. If we are going to table someone, I am getting tired of being here until 2 in the morning. Borup: The question is- Hatcher: Let's do a show of hand as to who the greater public is. Borup: Item number 12 and 13 is Autumn Faire Subdivision. How many are here to testify on that? Okay. How many here in opposition testimony. Items 14 and 15 is Generations Plaza buildings. How many here on that item? Any opposition? Okay, thank you. Item 16 and 17. That must be the rest of you. That help any Commissioner's? Last item on the agenda is requiring the most testimony. Let's get started on it. 12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 78.4 ACRES FROM RT TO R-4 FOR PROPOSED AUTUMN FAIRE SUBDIVISION BY-'BEM STAR PROPERTIES, LLC--SOUTHWEST CORNER OF BLACK CAT AND USTICK ROADS: Hawkins Clark: This application is for the property generally located at the southwest corner of Ustick and Black Cat road. For clarification we did include this in our staff report in which we do ask you to incorporate our comments. Their application did state 78.4 acres which is generally encompasses the plat. There is a drain that more or less meanders across this direction through the property. This are is actually 100 acres. My understanding and maybe the applicant can address this is that they are actually asking for 100 annexed to R-4 zone. That is a clarification. We processed it and all the fee issues have been worked out. The property is eligible for requesting annexation. Ashford Greens and the city golf course are here immediately west of the property. Turnberry Subdivision is immediately south. There is a church here in this LO zone, just to the south on Black Cat. Two properties are excluded from the annexation request at Meridian Planning and ~ing Commission May 9, 2000 Page 49 this time. Staff spent quite a bit of time trying to look at the required findings for annexation and was detailed in our staff report. There is several things that would support not annexation this property at this time until several services and other issues are addressed. They are technically in terms of sewer and water it is available. They meet the principle elements for meeting the annexation. In terms of the next application, here is a couple of site photos. The plat is requesting again for the R-4 standards-78.4 acres of the 100 being requested and we had several conditions. They have met with Ada County Highway District, several issues have been dealt there. A little bit misleading. This is actually a east west orientation on this plat, but north is to the left. ACHD has requested that this stub street here actually not be stubbed. Rather that the stub be continued from this street-the main reason the flow of traffic would encourage a greater distribution on Black Cat. Norton: I have one question regarding your number 4 on page 5 of staff comments regarding limited services and how response time from the now existing fire department without having that new fire building built, how serious do you think that would be a problem not getting there at a reasonable time. Hawkins Clark: Commissioner Norton, I did speak with the fire department. They're issues are a little different than the police. The police typically has officers that are roaming and their response time is quicker. The fire from where they are at would not meet the Comprehensive Plan goal of 5 minutes when you figure that their main route is Franklin all the type to Black Cat and then north. The current tentative plan is to break ground in October on the Ten Mile Station. Borup: The applicant here and like to come forward. Stanfield: Scott Stanfield with Earl and Associates. 314 Bateola in Caldwell. I will try to make this real quick. General statements, we feel this proposal does conform to the Comprehensive Plan. Utilities as indicated by the staff report are readily available. ACRD staff report in conjunction with our own traffic consultant has indicated no adverse impacts to current traffic conditions. Borup: What I'd like to hear about is the items that you have a conflict with or disagreement to. Stanfield: I'll address the fire department concerns since Commissioner Norton brought that up. October groundbreaking on the fire station. We don't anticipate building our first structure until September due to the planning and design. The Findings of Facts listed opposing our annexation request. Number 1, the school site. We recognize that the Comprehensive Plan does indicate a school site in the vicinity, however it is not specifically shown on this site. The school district did not request a school site. They have not approached us. Does not mean the door is closed. Roadway capacity, again ACRD staff report indicated there are no adverse impacts. ACHD indicated the level of service currently is A. ACHD feels that a build out this project will still have a level A. Meridian Planning and~ing Commission May 9, 2000 Page 50 Service centers, again people coming to and from the traffic issue should not be there. The reference about delaying this project until commercial and recreational uses are available to the site, the fundamental premise on development is residential comes first and then commercial will follow. Unlikely commercial will go in there. Fire and emergency medical services, we touched on that. Currently the response time from St. Luke's and the fire station on Franklin is greater than 5 minutes although that is a goal in the Comprehensive Plan and can appreciate that. But I highly doubt that you can get to a lot of areas in the city from St. Luke's within 5 minutes. Item 5 regarding parks again this is a school site in the Comprehensive Plan and we recognize a park or open spaces shown to the west of this project. Again specifically not on this site. We have consolidated all our retention areas at staff recommendation. In addition to tulley park, fuller park is about two miles to the southeast. Tow park is about one mile to the south east and a future 56 acre park at Ustick and Meridian about 3 miles away. Item number 6, staff suggests duplexes or townhomes. We don't want to propose those. It is not follow the Comprehensive Plan for that area. We do not want to go against the Comprehensive Plan as that would require an amendment. We rather not go through that process. Townhomes and duplexes will not be compatible with Ashford Greens or Turnberry Subdivision and I highly doubt that Ashford Greens would be very supportive of them in this vicinity. It is conflicting so we would prefer to stick with single family. Item 7, in fill priorities. We recognize the importance of developing in fill area within the city but there are no real incentives for developer to develop them. A lot of sewer capacity is all ready taken up for these areas. Item number 8. We believe that we comply with that statement. The lands have been in ag use as long as possible and utilities are now there. We propose a phasing set up where farming will continue as long as phasing is there. We will keep the grounds in ag operation until they are phased out. In general, our plan does conform with the requirements and we will meet the requirements other that the townhomes and duplexes. The city will benefit from this project.. We do agree to a well site. The contribution to the Black Cat trunk line will be great--$370,000. Borup: Any questions. Norton: As a representative of the developer I am going to ask for Pie in the sky and in the older days developers use to donate land for a school site. This development with 248 residential lots, it seems to be it might be a real nice gesture to the City to donate land for a school. Any thoughts on that. Stanfield: We have thought about that greatly. We agree with your statement, however we are all ready giving up a large area for a well site. To give up a well site, park site and a school site it is uneconomically feasible. The lots sales would not be there after we gave up all that land. Norton: How many acres are you giving up. Meridian Planning and ~ing Commission May 9, 2000 Page 51 Stanfield: The well site will be a minimum of 100 by 120 as required by the City. Green spots total combined about 5 acres. That includes the 30 foot buffer zone I'll add. Norton: So, your not even accepting the idea of donating a school site. Stanfield: Not necessarily a school site. Let me go back to the area P&Z staff mentioned about the 20 some odd acres that are not a part of this preliminary plat. That is on the other side of the drain and sewer is not accessible there. There could be options for a park land in that area. Not a school site. Barbeiro: I am not familiar with the processes of developers donating school sites. Norton: Combs Park. In Boise was donated. Hatcher: We just had one at the beginning of the evening. The high school lot for-no it wasn't purchased. Borup: What I'd like to see is the purchase could be at a very reasonable price. Something like that would be appropriate. You mentioned access south to the drainage. What would be the access. There is no access from Black Cat is there? Stanfield: Currently no. There is that out parcel. That is a residential use parcel. There is a stub street from Turnberry. And, stub streets coming in from our project. There are actually two. ACHD has a modified report as of Thursday. That goes out to the out parcel. I would add on the school site, we need to be careful here because of the sewer capacities issues. I don't believe there is any time table on the Black Cat trunk. The funds aren't there yet, but this project will contribute significantly to that fund. English Gardens to the south, I believe also contributed significantly. Borup: We've has a few projects contribute to this and we need a few more for it to become feasible. Two comments. You mentioned the placing on the school and park site on the Comprehensive Plan where it specifically on this property but I think you realize that a Comprehensive Plan is just in the general area. Stanfield: As this area develops to the west, that is part of the McDerrmott trunk line. It can not feed in to the Black Cat trunkline. Anew trunkline system and lift station will have to be constructed to anything to the west. If a school site is identified to the west, then sewer capacity would be brought online. Brown: Have you spoke to the school district. Stanfield: We have sent letters to them. I don't believe we significantly raised the issue. Again, the door is not closed but I am hesitant to say we would want to put a school site in because of the sewer capacity. I would add that the confusion between the 100 acres versus 78 acres -if that was an error on our part in the application, we Meridian Planning and ~ing Commission May 9, 2000 Page 52 decided to go for the entire 100 acres. If the commission is not comfortable with that we will tone that down to just this area unless the commission wants to seek a park land to the south of the drain. Then, that would have to be included in the annexation. Borup: Are you offering that? Stanfield: It is on the table. The area is not serviceable by sewer as it sits. The Black Cat trunkline does not have capacity for it. Brown: The out parcels, are they current owners of the property being annexed. Stanfield: Correct. Mr. Dean Langley if he is in the audience. I have not met him in person yet. He is the owner on the parcel in the far northeast corner. I don't believe he owns the south. He can attest to that better than I. Borup: One final question -shaded area shows the one out parcel down from the corner. Does the plat shows the other area to the north of that not platted. Stanfield: Correct. Borup: Is the other part of the annexation and Subdivision or is that a out parcel also. Stanfield: No, that hatched area in the extreme corner is part of the annexation. It is not part of the preliminary plat because it is a current residence unit. Borup: Half is staying as residential. Half is being annexed and the other have is not. Standfield: Two parcels there. One is being annexed. The other parcel is not. I believe it was created on a one time split numerous years ago. Borup: Anyone else like to testify on this application. Langley: Dean Langley, 3185 N. Black Cat Road. That would be the out parcel in the north corner. I am a partner in Langley Farms Ltd. It is a no brainer that I am in favor of this project. Let me review a couple things. If you look at the staff report of May 5, going over this with Brad last week, pointed out on page 2 on location. There is some confusion there. It refers to the parcel up there on the north corner of .7 acres. What the deal is the little finger of land that is cross hatched to the north there was offered for sale to the Gem Star people. They have told us some month ago that it doesn't fit with their plan because it is such an odd size and small. They don't want to buy it. That is the last I've heard. Our tentative plans are to not sell that to them. To join that partnership .7 acres with the acre that I personally own and make 1.7 acres on that corner to block out the rest of the corner. When Brad and I went over the legal description he confirmed to me on Friday that indeed that is the way the description shows it. The other thing, the map that was sent out April 13 or dated the notice from Meridian Planning and ~ing Commission May 9, 2000 Page 53 Mr. Berg did show our one acre parcel being in the area that would be annexed. That was an error. It is correct here. Our desire is to poll 1.7 acres on the corner not be annexed and be left out of the project. Borup: The latest one we have shows it that way. Langley: Yes, thank you. Moving on quickly on the do not report section from staff report, page 4 number 1, school facilities and Commissioner Barbeiro had referenced that. I do know for a fact, I worked for Jim Carberry for 3 years, there is a school site that has been purchased in the old (inaudible) property. It is now Dakota Ridge. There is a elementary site that has been acquired there. That is within a half mile of this site. The staff report references that they want school sites within one or two mile radius. I think that easily accommodates that until such a time further development-maybe doesn't necessitate that but I would think that would be a ways down the road and it would be really early to push on the school site. On page 4, number 3 the service center issue and Mr. Stanfield did address that on the commercial facilities and then again the old argument on which comes first commercial residential. The Albertson's that they referenced on Ten Mile and Cherry Lane indeed happen that way. After the development was there, Albertson's came in and it has been a great asset to the community because it saved a lot of trips farther away. I think that is living testimony to that. Much of the traffic from this proposed development would be short stop to that kind of a development that is all ready in place and is quite handy and most of that mile two miles to that is 4 lane, Cherry Lane that has been developed all ready. Page 5 number 4, fire emergency, Mr. Stanfield and Commissioner all ready address that. It is obvious that thing is on line and that is going to be developed so the fire station and emergency services will be available. Page 5, number 6 on housing diversity and affordability issue. I had a chance to interview Steve Bradbury. He is an attorney with Jones (inaudible) and they represent a number of developers several of which have applied to the city in the last two years for mixed use. He tells me that overall it has been very difficult to get those approved. There has been attempts to that and I agree it is a good idea but just speaking to that, I think there (inaudible) aside from this one perhaps a future on west. On the preliminary plat requirements, page 9 number 11, I wanted to voice our support for that recommendation from P&Z staff here. That is supporting a roadway connection or vehicle connection to the north property that we own for future development and access to sewer internally in Subdivision. On the south property which has not been referenced, but my sister who is a partner in our company has that 2.7 acres that is pie shaped right there and we are asking that their recommendation for the stub to there be also approved and encouraged as well. Those two properties were are not going to be there for ever and they will offer some opportunities for both mixed use and or commercial. In conclusion, for a most part we are an old neighborhood there. There is a handful of families that have most of the acreage on that mile. END OF SIDE FIVE Meridian Planning and ling Commission May 9, 2000 Page 54 Langley: Its been a good neighborhood, had good relationships and I want that to continue. A number of those folks are here tonight and I have not spoken to them personally recently, but encourage any comments even in opposition of things that they want to voice. We do want to continue to be good neighbors. Brown: I am curious about the out parcels. Langley: It is just preliminary. We don't know that we intend to be there long term and so we don't want that impediment to future growth and development so at least it is there so the future property owners make that step. On the north corner where our property is, the acre there, if there is not allowance make in the plat for a driveway access then it would be pretty hard to put it in after the buildings are built. Annexation specifically, if it suits the city, we are amenable to that. We are on sewer systems on both the properties now. Brown: Is that your biggest concern that annexation kicks in the sewer requirement. Langley: Yeah, that would be the concern. Borup: Any other questions. Yes Mr. Kuntz. I was going to call you forward even if you did not come up. Kuntz: Tom Kuntz. 268 W. Claire. Just one item. I'd like to voice my support for the staff comments in regards to parks. There are no neighborhood parks within a one mile radius of this site. Our new Comprehensive Plan that hopefully will be adopted in the next 30 days will call for neighborhood parks within'/Z mile. Your going to have approximately 800 people living in this area. They need to have green space and a place to recreate. We need to have open space for these people to be able to recreate. The developers need to step to the table and partner with the city. There are several ways to do this. We keep adding houses with any real consideration giving for park land. Meridian has .right now 1.2 acres per 1000. The national average is 5 to 10 acres per thousand. This would go a long way for this developer to step up and say we will set aside 5 to 8 acres for a community park. Brown: Would the Parks Dept. be willing to take over maintenance. Kuntz: Right now we have a procedure policy in place where for us to maintain those they need to be 5 acres minimum. If there were enough of those smaller sites in one Subdivision, sure. We are open to all offers. Barbeiro: What is a property size for a neighborhood park. Kuntz: The national average is 4 to 8 acres. I would say 2 acres minimum and that would allow us to put a playground structure. Meridian Planning and ~ing Commission May 9, 2000 Page 55 Drise: Ronald Drise from 6295 W. Ustick. My property is on the map and most of the people that are here are represented by that property west of this property. We have no problem rezone that as far as we are concerned. Janasak: Lela Janasak and I'm on 2256 N. McDermott and we are just northwest. We adjoin on the back of Turnberry and then just south of the Subdivision. We own the acreage that goes all the way through to McDermott. We have been there for 25 years and have no problem with the annexation of this property. Borup: Applicant have any final comments. Stanfield: Mr. Kuntz's requirements regarding the park land again the area south of that drain we are open to discussion there fora 8 acre parcel in the event that our (inaudible) are not acceptable to the parks department. As far as sewer, I am sure that the engineering and us could work together and probably squeeze a restroom in there without dropping one residential unit in Autumn Faire. If it pleases the city to get a small neighborhood park. We are open to that. Hatcher: Could you or do you know the size acreage land south of the drain. Stanfield:. That annexation is approximately 22 acres. I don't want to give away the farm to be honest but we could be in the 4 to 8 acre range. Borup: What was the location of the well site? Stanfield: We envisioned that in the northeast corner. Mr. Freckleton and I were discussing there could be an issue on septic system locations currently that the (Inaudible) may or may not have on site. That will dictate where the well site is. Hawkins Clark: There are two main things. One is services and two there is no development plan connected with that 22.5 acres. The development agreement could potentially have some wording that would speak to that. Borup: Any other discussion Commissioner's. Norton: One question. Is it possible to squeeze a restroom out of the sewer. Freckleton: That is something we could visit in the sewer model that we have. I think the capacity is there for a restroom. The lot that we kind of targeted is there on the northeast corner. Brad Watson and I were looking at it today. They probably could do some shifting and not loose a building lot. The location of septic drain fields may hurt us. We have to maintain sanitary separation of I believe 100 feet from a drain field to a well head. Hatcher: If those two lots were annexed in, those are all ready connected to sewer. Meridian Planning and ~ing Commission May 9, 2000 Page 56 Oh they are on septic. So if they were annexed in then they would have to connect to city and the drain fields would not be an issue. Freckleton: Mr. Langley would like to operate the way he currently is until such time that something does develop on that parcel. Hatcher: Didn't we all ready start construction on the Black Cat Truck on Ustick road and have it stubbed for certain locations or is that in the planning stages. Freckleton: It is in the planning stages. It would be a financial contribution through the trunk line expansion fee. Hatcher: This Subdivision would currently then be facilitated by the existing temporary line and lift station that currently exists at Ashford Greens. Freckleton: It would go into the Black Cat Trunk and this property would also be subject to the latecomers fees for that lift station. So they have the trunk line expansion fee and also would be paying latecomers contributions as well. Brown: Is it a policy that they have to connect the sewer or is it a ordinance. Freckleton: It is ordinance. Brown: So they would have to have a variance to not do that if we requested it. Their only hang up with being annexed - Freckleton: That probably would be appropriate in this case. Brown: We could do that with a development agreement? Freckleton: I think it could be spelled out in the development. I believe you would still have to require a variance. Stanfield: I need to add one more thing. I told the adjoining property owner Mr. Jack Anderson who is due west of out project on the south side of Ustick there is an existing 10 foot easement. In the squared off corner at the bottom of that map. He does have a recorded document for that easement for irrigation. We have to honor that. We have proposed to him to give him a new pipe line and alter that so it doesn't leak as much and give him a new easement. He asked that we bring that up at this meeting that we have been meeting with him. I have copies of our letters and proposals to him, if the commission requires. Brown: I move we close the public hearing. Hatcher: Second that. Meridian Planning and ~ing Commission May 9, 2000 Page 57 Borup: All in favor? MOTION CARRIED: ALL AYES Borup: Discussion first or ready for a motion. Barbeiro: With the staffs comments about customarily not annexing unless there is a plat plan for entire area. The plat will come back before us, okay. Hatcher: Would it be appropriate on this project to-certainly we can move forward with the annexation and zoning but would it not be more appropriate to table the annexation and zoning pending a revised preliminary plat that would resolve and identify park location if we were to make it a requirement. Borup: We could go either way. No, we would need to table it if we going to be asking for a revised plat. Hatcher: Approve the preliminary plat with the park in it. Borup: If that is the way we are going which is the next item on the preliminary plat. Hatcher: If we are not going to approve the preliminary plat we need to table the annexation and zoning. Borup: Don't need to. We just need to annex the whole 100 acres so a park site would be included in there. Then the preliminary plat would be held up. (inaudible) conversation off the microphone. Borup: It all has to be worked out with staff and parks department anyway. Brown: There is a stub street to it. Your talking about another parcel. We know the general area and we are not being specific as to what it is or how they are going to work that out. Is it necessary that we see it and go back through this--- Borup: Are there any other concerns on the plat? Other than a proposed park site. Norton: We don't have any pictures of what that little parcel looks like. What is the contour of the land. It is appropriate for a park area. I would feel uncomfortable sending this forward with not specifying how many areas the developer will give up or even if he is willing to do this. Borup: They said 4 to 8. Meridian Planning and ~ing Commission May 9, 2000 Page 58 Norton: In that area on the other side of that lateral. Borup: What do you need for spark.-Is this the drainage in the picture at the left Brad. No, that's just an irrigation ditch. Do you have a picture of that drain? Hawkins Clark: I'm sorry, we do not. Norton: I still have some problems with approving an annexation without approving a plat and only sending part of it to City Council. Brown: I can't see we have a problem approving the plat even with the requirement that they provide a 8 acre part and that they work out the details with the parks department. We don't need to see it. Borup: Unless there was any other concerns with the plat. If the park is the only item Brown: We need to set kind of a basis with what they need to work with. City Council could approve that and not even know the configuration. That is why they hire staff to do that. I see any value added in calling them to have the developer spend another month to draw something that is going to take sitting down with the parks department and City Council to decide what it is they want to purchase or donate. Borup: I have to agree with that. So do we want to go forward on Item number 12. Norton: As long as we connect them together and either hold them both or send them both forward. Freckleton: the only thing I was going to bring up is typically we do require the preliminary plat be revised prior to moving forward to council. What ever recommendation you make here to night. Brown: Is there a building requirement for a park site that requires that to be a platted lot. Borup: What we are saying, the park site isn't a necessary part of this plat. It is adjacent to this plat. Freckleton: There are several items that ACHD has brought up that could be put on the plat. Borup: Our recommendation could state that before the hearing at City Council that the plat be revised according to whatever comments we have. That if the revision is not done prior to City Council then it would not be on the agenda. Meridian Planning and ~ing Commission May 9, 2000 Page 59 Freckleton: That is what we have done typically with all preliminary plats that have come through. Borup: Maybe we just need to specify what those recommendations need to be. You had stated the well site and -well else? Access to the north parcel. Freckleton: We would also need to revise legal descriptions to be inclusive of those other parcels too. The out parcels for annexation. Borup: Is that one of the items we were discussing. Brown: I don't know if the rest of the commission has a concern about it but I would encourage it. We can have the development protect their current interest. Freckleton: I would support that. It is messy to go back and clean up those enclave parcels down the road. Brown: The city doesn't do it. That is the problem. Borup: Anything else. Three items. Have the well lot designated. Some type of access to the northeast parcel and then annex the two out parcels. Freckleton: The ACHD recommended stub street. Borup: Well, yes and the applicant addressed that. That needs to be on there to. Brown: The request of annexation and zoning of 100+ acres to include the out parcel to the northeast corner and the out parcel to the southeast corner to R-4 zoning for the proposed Autumn Faire Subdivision by Gem Star Properties, LLC on the southwest corner of Black Cat and Ustick Roads subject to staffs recommendations and on page 3 that are in support- Borup: Well, staff did make some recommendations on page 7, four of them- recommendations if it was annexed. I don't know that we need to address the ones where they have recommended-but include the ones that they have site specific requirements. Brown: So the ones that we would have would have would be the ones general annexation requirements 1-8 and site specific 1-4, and that the parcel south of the drain be included to work with staff on a 4 to 8 acre park site prior to going to City Council. Hatcher: (Inaudible) open to an amendment that say in (inaudible) park rather than 4 to 8 acres. I was asking Kent if he would be open to amending his motion to an 8 acre park rather than a 4 to 8 acre park. 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 PRELIMINARY PLAT OF 78.4 ACRES FROM RT TO R-4 FOR PROPOSED AUTUMN FAIRE SUBDIVISION BY GEM STAR PROPERTIES, LLC -SOUTHWEST CORNER OF BLACK CAT AND USTICK ROADS: 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 holey. 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 City Council Meet ` 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 r~' `' Meridian City Council Meeti 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