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HomeMy WebLinkAboutMinutes~ _ Meridian City Council August 5, 1997 Page 10 Morrow. I would like to restate the motion for item 8 to approve the development agreement as reviewed by the City Attorney and authorize the Mayor to sign and the Clerk to attest. Tolsma: Second Morrow. Motion made by Mr. Morrow second by Mr. Tolsma to approve the development agreement with the Mayor to sign and the City Clerk to attest, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR BENITON CONSTRUCTION CO.: Corrie: At this time I will open the public hearing and invite the representative to speak with the construction company first. Doug Nichols, 594 Sturman Way, Eagle, was sworn by the City Attorney. Nichols: I am sure you all have a copy of staff s report. Basically what we are looking for is to temporarily occupy this building. Our lease agreement is. a month to month basis. We basically agree with everything on staff s recommendations. I did have one comment on the parking path and the asphalt drive into the building. I think you are all aware that Ada County is planning a major intersection improvement this fall. They will be taking most of the front yard and side yard out. We would just like to hold off and see what Ada County does to that. Atso it is probably going to be moved anyway. That was the only question we had. Corrie: Questions of the Council? Rountree: Mr. Mayor, you indicated it was a temporary usage that you may be out by fall or you may be in for 2 to 3 or 4 years? Nichols: It is a month to month lease. The owner has not indicated any plans in the future for that site but that could change on a month to month basis. We don't have any objection to doing any of the site improvements. We would just basically like to wait until Ada County is done. We will pave the driveway at that time and put in a parking lot. Corrie: Thank you, is there anyone from the audience that would like to enter testimony on this variance? Hearing none I will close the public hearing. Morrow. I would like to ask Gary his comments with respect to this project, how the rebuilt of Franklin and East First affects this property and given the fact that it is owned Meridian City Council August 5, 1997 Page 11 by First Security Bank which apparently currently has not plans for expansion to that site. Smith: Councilman Morrow, Mayor and Council I don't know exactly how the plans for the extension of Corporate Drive affect this property but the plans are I believe pretty much done. So it shouldn't be too difficult to determine the impact on this piece of property from the design plans for the roadway. Adjustments could be made or provisions could be made by the Beniton Construction Co. to make on site improvements that would fit with the roadway as proposed by the Highway District. I could be wrong but I know that they are supposed to be done with those plans by September of this year so they can go to bid for this coming fiscal. Nichols: I do have a copy of Ada County's plans. This is the existing house and existing Meridian Road (inaudible) this shows their easement coming through here. First Security owns also another parcel that wraps around this one in question here. Looks like they have a driveway planned back here and they might have another back here on this other little piece that comes down along side this.. If we can get close enough to this house this would look like an ideal place for a parking lot or a drive way back off of this site with no access on Meridian Road. (Inaudible) Crookston: Mr. Mayor, I believe it would be appropriate to at this time re-open the public hearing and incorporate the testimony that Mr. Nichols just gave. Corrie: Thank you counselor, you are very and accept the testimony of Mr. Nichols, I idea come up here. correct. We will re-open the public hearing will keep it open in case we have another Crookston: You need a motion on that. Morrow: So moved Rountree: Second Corrie: Motion made and seconded that we re-open the public hearing and accept the testimony as given by Mr. Nichols, all those in favor? Opposed? MOTION CARRIED? All Yea Tolsma: I have a question for Mr. Smith, Gary on one of Bruce Freckleton's comments on comment number 1 it says the property is currently hooked up to City Sewer and the second sentence says sewer is not yet available to this site. I was just wondering Smith: It is not hooked to sewer. Morrow. Mine says City water Meridian City Council August 5, 1997 Page 12 (Inaudible) Corrie: Any further questions or comments from Council? We will chose the public hearing at this time. Morrow: If there are no further questions Mr. Mayor I would move that we instruct the City Attomey to prepare findings of fact and conclusions of law for the variance for Beniton Construction company. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to instruct the City Attorney to draw up findings of fact and conclusions of law for the, request for a variance, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-O BY MERIDIAN ASSEMBLY OF GOD -1830 N. CINDER ROAD: Corrie: I will now open the public hearing and invite a representative from the Meridian Assembly of God Church. Patrick Drake, 704 Spyglass Way, Eagle, was sworn by the City Attorney. Drake: Good evening ladies and gentlemen, thank you for your time tonight.. As you can see from the request we are looking to adhere to the current regulations in the zoning for our church. The property was developed 13 years ago prior to the zoning being in effect. So after discussing at length with Planning and Zoning it was determined that Limited Office District would be a harmonious with the comprehensive plan. So we are here this evening to follow that route to comply with the current zoning regulations. Corrie: Any questions of Mr. Drake? Drake: I do have one question, under findings of fact and conclusions of law I am looking at page 11 gentlemen, under the topic of decision and recommendations the Planning and Zoning Commission does recommend that this be approved. There is one sentence that surprised us, it is in the middle it says and/or that the property only be developed under a conditional use process. It seems as though it is kind of redundant because at this time we are applying for the L-0 which does. permit the church usage. So as we continue to grow if we need facilities we would be able to come back to the building department every member on that would get a chance to check off to make sure that it currently meets all the city guidelines in the check and balance system. With that sentence the way it is proposed it would sound as though every time we wanted to ry ' Meridian City Council August 19, 1997 Page 15 Tolsma: Second Corrie: Motion is made and seconded to approve these findings of fact and conclusions of law, roll cal vote. ROLL CAL VOTE: Morrow -Yea, Bentley -Absent, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow: Mr. Mayor, it is hereby decided that the variance from the R-4 street frontage of 80 feet and the required maximum block length of 1000 lineal feet are hereby granted. Rountree: Second Corrie: Motion made and seconded to approve the decision, any further discussion? All those in favor? Opposed? MOTION CARRIED:-All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE FOR BENITON CONSTRUCTION COMPANY: Corrie: Council, you have those findings of fact before you. Morrow: Mr. Mayor, I have a question for the City Attorney, I have two sets of findings, is there a difference between the two, I couldn't find one at first glance. Crookston: Not to my knowledge Rountree: (Inaudible) in another item tonight I think it was just a doubling copying from my review of the two, but I would hope in the future that we can avoid having to do that. Crookston: I don't know anything about the copying but the original should be as I wrote it. Corrie: t went through both of them, they are exactly the same. Rountree: Mr. Mayor I would move-that we approve the findings of fact and conclusions of law that are attached to the Meridian City Council meeting form, identified at item #7. Morrow. Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow, any further discussion? Roll call vote. 'dian Cit Council Meri y August 19, 1997 Page 16 ROLL CALL VOTE: Morrow -Yea, Rountree -Yea, Tolsma -Yea, Bentley -Absent MOTION CARRIED: All Yea Corrie: Entertain a motion for the decision. Rountree: Mr. Mayor, I move that it is decided the variance applied for are hereby granted, but the applicant shall meet these findings of fact and conclusions of law. Tolsma: Second Corrie: Motion is made and seconded on the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: ORDINANCE #767 -MERIDIAN ASSEMBLY OF GOD REZONE: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WTI3N IS DESCRIBED AS A PORTION OF THE SW /• OF THE SW'/4 OF SECTION 1, , R.1W OF BOISE MERIDIAN, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone here from the audience who would like to have Ordinance #767 on the rezone annexation ordinance of the Meridian Assembly of God read in entirety? Hearing none I will entertain a motion from the, Council. Morrow. Mr. Mayor I move that we adopt Ordinance #767 with suspension of rules. Tolsma: Second Corrie: Motion has been made and seconded that we adopt Ordinance #767 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow Yea, Rountree -Yea, Tolsma Yea, Bentley -Absent MOTION CARRIED: All Yea ITEM #9: ORDINANCE #768 - SHERBROOKE HOLLOW ANNEXATION: Corrie: AN ORDINANCE OF THE CITY OF RIBED AS THE S X2 SW NDSECTION CERTAIN REAL PROPERTY WHICH IS DESC 20. T.3N, R.1 E, BOISE MERIDIAN, ADA COU the auDd enOCeAwhoPwould Ike to have EFFECTIVE DATE. Is there anyone from