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HomeMy WebLinkAbout1993 03-16AGENDA MERIDIAN CITY COUNCIL MARCR-I6;-1993-- ITEM: MINUTES- OF THE PREVIOUS MEETING HELD MARCH 2, 1993: (APPROVED) 1: SAM FISHEL: REQUEST FOR CONDITIONAL USE PERMIT a UGLY DUCKLING AUTO RENTAL: OLD TOWN DISTRICT': (TABLED) 2: FINAL PLAT: KEARNEY PLACE # III SUBDIVISION: (APPROVED) 3� FINAL PLAT: MERIDIAN GREENS # III: (APPROVED) 4: ORDINANCE # 596: ORDINANCE ANNEXING & ZONING RUNNING BRROK ESTATES: (APPROVED) 5: PUBLIC HEARING: ANNEXATION & ZONING OF ELK RUN SUBDIVISION; (APPROVED). 6: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT WITH PRELIMINARY PLAT BRIDGEWOOD PARK SUBDIVISION: (TABLED) 7: PUBLIC HEARING: ANNEXATION & ZONING REQUEST , WEST SIDE BIBLE CHURCH & DENNIS HICKS: (APPROVED) 8: PUbUC Hr:'�. znr.: i:EQUEST FOR ANNmTION & ZONING BY DAVE LEADER: CHERI MEADOWS SUBDIVISION: (APPROVED FINDINGS WITH AMENDMENT TO SQUARE FOOTAGE MINIMUM) 9: DEPARTMENT REPORTS: • • MERIDIAN CITY COUNCIL MARCH 16, 1993 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bob Corrie, Bob Giesler, Max Yerringt on : Others Present: L. Belnap, Don Bryan, Norman Fuller, Chuck Fuller, Steve Anderson, Ron Garvin, Raleigh Hawe, Dan Wood, Gary Lee, Bill Hardt, Wayne S. Forrey, Boy Scout Troup 210, Norm LaCombe, Becky Bowcutt, Don Hubble, Cris Williams, Wayne Crookston, Jim Johnson, Bill Gordon, Gary Smith, Jack Niemann: MINUTES OF PREVIOUS MEETING HELD MARCH 2, 1993: The Motion was made by Tolsma and seconded by Yerrington to approve the minutes of the previous meeting held March 2, 1993 as written: Motion Carried: All Yea: Kingsford: Welcomed Boy Scout Troop 210 to meeting. ITEM #1: SAM FISHEL: REQUEST FOR CONDITIONAL USE PERMIT, UGLY DUCKLING AUTO RENTAL: OLD TOWN DISTRICT: Kingsford: Is there a representative present? Does Council have any questions? Giesler: The proposal is for a fence to be put up on the one side of the building, is that correct? Glenn Slocum: That's correct. Giesler: Has anybody checked to see if there's a sight problem as far as safety or anything on that corner? Slocum: Not according to the Ada County Highway District. It was their recommendation that we do erect a fence and that was agreed to. Giesler: How high of fence was it? Slocum: I don't recall either. Kingsford: The letter that you sent to us on March 10th had three items that the Planning and Zoning had concern about, you've addressed number one with regard to the site layout plan, lack of written agreement between yourself and Theirhouse's, has that been remedied? • MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 2 • Slocum: Yes. Mr. Fishel is in the hospital at this time but yes that has been taken care of. They have reached an agreement. Mr. Theirhouse does know that Sam has agreed to allow him access. Kingsford: But we don't have anything in writing to that effect? Slocum: Not in writing, but Mr. Fishel guaranteed the City Council that Mr. Theirhouse will have access. Tolsma: Restroom facilities are they going to be in operation there? Slocum: Yes, it will be remodeled and brought up to code. Tolsma: Is there going to be any structural improvements? Slocum: No. Just repaint it and make it look a lot nicer. Corrie: In reference to the Findings it says there does not appear to be sufficient space for parking and landscaping, is that true Wayne, do we have a problem here? Crookston: As near as I can tell. Without a variance it could be a problem. Corrie: One other thing I'm concerned with is the fence up against the sidewalk. Improvement of lot is great but a fence downtown I have some reservations about. Slocum: Whatever the Council decides as maybe a restriction or a condition, I'm quite confident that Mr. Fishel will comply. Yerrington: Will there be any car sales from this lot? Slocum: No sales, just rentals. Giesler: I would ask the feelings of the rest of the Council about the fence being erected downtown like that. I don't think it's quite appropriate to have a fence right out on the street like that or out to the sidewalk. Tolsma: If we don't have landscaping it has to be a variance. Crookston: That's correct. If there's a fence along the sidewalk in front either to the Idaho St. side of the property or to the East 1st Street side, if it's in front of the setback he'd need a variance from the fence ordinance. • MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 3 • Kingsford: Since that fence doesn't really enclose anything, what would be the purpose of the fence? Slocum: The Highway District recommended it for safety for pedestrians on the sidewalk. Kingsford: I agree with Mr. Giesler's comments that a fence is not necessarily going to an attractive amenity down there. I'd ask one question Counselor, with the regard to landscaping in Old Town. Crookston: It's throughout. It's in the subdivision and zoning ordinance that that's required. Tolsma: Have they said anything as far as keeping the cars off the sidewalk other than a chain link fence or did ACHD specify a chain link fence? Slocum: They didn't specify what type of fence, just a barrier. Wayne Forrey: If it is acceptable to the Council and Mr. Slocum or Mr. Fishel, the Downtown Improvement Committee is having a meeting this Friday at City Hall at 10:00 A.M., we're looking at progress on the Downtown Phase II Project and this property is in Phase II. It's possible that the Downtown Committee might have some recommendations on the fence. That might be something that Council would choose to table and give that committee at least a chance to work with Mr. Fishel and Mr. Slocum. Kingsford: That's a good idea. Tolsma: The Highway District comment was to just basically keep the cars from driving or parking on the sidewalk. So if something is a foot and a half high or something maybe that would work. Kingsford: I'd suggest, if it is the pleasure of the Council, to go ahead on the basis of having Mr. Forrey pursue that with the owners and the Downtown Improvement Committee. The Motion was made by Corrie and seconded by Tolsma to table until next meeting pending the outcome of the Downtown Committee's recommendation. Motion Carried: All Yea: • MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 4 • ITEM #2: FINAL PLAT: KEARNEY PLACE III SUBDIVISION: Kingsford: Any questions of staff? Giesler: I'd ask Mr. Gary Smith if everything looks in order to him on this project. Eng. Smith: I haven't heard back from the applicant but our comments are rather minor in nature so I'm sure they will be taken care of. The Motion was made by Giesler and seconded by Yerrington to approve the Final Plat on Kearney Place III Subdivision conditioned upon City Engineer's approval. Motion Carried: All Yea: ITEM #3: FINAL PLAT: MERIDIAN GREENS #III: Kingsford: Does Council have any questions of the Developer or their Engineer? Corrie: The Fire Department had a comment about the culdesacs, the off street parking signs, they would like to have the Ada County Highway District put those signs up with the enforcement of that. Can we work that so they will put the "no parking" signs in those culdesacs? Don Hubble: I'm sure that's possible. I'm not sure if that request should come from you to the Highway District or from the Developer to the Highway District. In all other street sign cases, the Developer is responsible to pay for those. It might just be a matter of who requests it. Kingsford: In either event, so long as they go up and they are maintained. Tolsma: You don't have any problem with the Engineers comments? Hubble: No problem. The Motion was made by Corrie and seconded by Tolsma to approve the Final Plat on Meridian Greens III conditioned upon approval of City Engineer. Motion Carried: All Yea: • MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 5 ITEM #4: ORDINANCE #596: BROOK ESTATES: ORDINANCE ANNEXING & ZONING RUNNING Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SW 1/4 NW 1/4 OF SECTION 19, T.3 N., R.1 E., B. M. , MERIDIAN ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #596 read in its entirety? No response. The Motion was made by Giesler and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #596 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #5: PUBLIC HEARING: ANNEXATION & ZONING OF ELK RUN SUBDIVISION: Kingsford: I will open the Public Hearing and invite the owner, developer or engineer to begin the testimony. Gary Lee, 1750 N. Summertree, was sworn by the attorney. Lee: I'm with JUB Engineers and am representing the applicant of the Development Group. This particular application is for annexation and a preliminary plat. It didn't say so on the Agenda. Just wanted to get that clarified. Crookston: You could hear the preliminary plat and if the Council approves it, it would require tiling at this juncture of the Kennedy Lateral. Lee: Then you could act on the Variance later. Crookston: That's correct. Kingsford: I think the variance is scheduled for hearing at a later date. Let's look at both the preliminary plat and the annexation and zoning. • MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 6 • Lee: The parcel in question is a piece of property formerly owned by the Davenports on Highway 699 situated south of Overland Road about 7509. It consists of about 15 1/2 acres, it lays contiguous to an existing zone currently in the City limits. The zoning request that was requested was for a portion to be R-4 and a portion to be R-8. The intent is to provide a buffer between the commercial zone to the north and also for Hwy 69 to the east. That particular buffer zone is bounded by W. Davenport Drive and also by the division line between N. Gull Cove and N. Kobic Place. The R-8 zone is about 8 acres in size and the R-4 zone is a little over 7 acres. At this point and time in the R-8 zone we'll be looking at the preliminary plat which consists of 6500 sq. foot minimum lot sizes. The R-8 portion is of course 8000 sq. foot minimum. This particular project, if approved, will consist of 53 lots which results in a density of about 3.4 per acre. Water and sewer will be extended to this project. All streets will be ACHD standard streets. We've met with ACHD in regards to a planned future Collector Street along the southerly boundary shown as W. Calderwood Street, that will line up with a proposed street to the east that will access the plat you just approved for Running Brook Estates. As mentioned earlier the property is bounded to the west by the Kennedy Lateral, which is under the jurisdiction of NMID, the plan at this point is, we are applying for a variance to allow us to fence off that lateral in lieu of piping. There are no other irrigation ditches or drainages that traverse this property that require delivery of water to neighboring properties. Any questions? Kingsford: Just for clarification, we didn't approve the preliminary plat on Running Brook, we just approved the annexation and zoning. Did you run a calculation on all of those lots to see that they meant the R-8 requirements? Lee: Yes and they all meet the minimum. Tolsma: If you look at the plat map here, the lot lines go to the center of the Kennedy Lateral and if there's a 35' easement on there, how does that affect the lot size? Lee: The lot sizes on that side are 140' in depth and we'll be taking 30' off that so there will be 110' of usable lot depth. Giesler: In not tiling that ditch, could we end up with a problem like we have out there occurring right now? �J MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 7 0 Kingsford: At this juncture since we're not hearing the variance at this moment, you'd be looking at approving it tiled. You can examine that when the variance is discussed. Corrie: On the R-8 lots what size homes do you plan on? Lee: I'd like to defer that to the developer. Yerrington: In your next phase are you going to be asking for R- 8 also or will it be all R-4? Kingsford: He's already stipulated to me that the rest of it would be R-4. Thank you. Anyone else to testify? Hill Hardt, 1895 S. Meridian Rd., was sworn by the attorney. Hardt: What exactly was the question concerning the size of the houses? Corrie: On this R-8 that your requesting, are you still staying with a minimum square footage of 1350? Hardt: Yes. The homes range from 1350 to 1600 square feet, all the homes will be fully fenced and all the homes come standard with front yard landscaping with a minimum of three 15 gallon trees, fully sprinklered, and a six foot high picket fence. Kingsford: Thank you. Anyone else to testify? No response. I will close the public hearing. Crookston: I would reference for the Council that there is a tentative agreement between Mr. Hardt and the Council to have a development agreement for this parcel. The Motion was made by Tolsma and seconded by Yerrington to have the attorney prepare the Ordinance for annexation and zoning for Elk Run Subdivision: Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Giesler to approve preliminary plat conditioned upon approval of Ordinance and Development Agreement being met. Motion Carried: All Yea: • MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 8 ITEM #6: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT WITH PRELIMINARY PLAT BRIDGEWOOD PARK SUBDIVISION: Kingsford: I will open the Public Hearing and invite the owner or a representative to come forward and speak first. Crookston: Stepping down due to a conflict of interest. Mr. Riddlemoser will be sitting in. Becky Bowcutt, Briggs Engineering, 1111 S. Orchard, Boise, was sworn by the attorney. Bowcutt: The property in question here is approximately 5.9 acres in size. It is located on the east side of Meridian Road, which is designated as a minor arterial. The property is currently zoned R-15, the R-15 allows for multi—family dwellings as a permitted use. What they are proposing here is four plex units. We have requested a conditional use permit because we have applied for a private road along the interior, we will be taking access off of Meridian Road through an existing private road, E. James Court. It has 22' of pavement, it does have curb, gutter and sidewalk along the south boundary. My client does have a recorded 60' easement across that parcel for use of E. James Court. We are also applying for a preliminary plat which has 22 lots. Of 22 there are 20 that are buildable lots and we have two open space lots which are Lot 6 and Lot 9, these will be landscaped. We meet all the requirements on the minimum lot sizes, which is 2400 sq. ft. per unit. Each lot exceeds 9600 sq. feet. The proposed private street will have a 32' easement with a 30' pavement section. Water and sewer are available to this site. The total number of units proposed on this site is 80, each structure will be 3480 sq. feet or roughly 870 sq. feet per unit. Each unit will have a carport and then an additional parking space behind that and a storage area will be located between the carport and the dwelling. Our proposed density is 13.59 dwelling units per acre. One of the issues brought up is the fact that we do only have a single point of ingress and egress off of Meridian Road. (Explained on map) I sent two letters plus drawings and information to the owners of that particular property who reside in California, basically requesting their permission to place a gate, which would be used for emergency vehicles only. It would only be used in the event that there was some type of an obstruction on James Court. • MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 9 • (Presented photographs to Council showing existing fire hydrant, a no parking sign and it states "fire lane" also of E. James Court Street) Our proposed development is compatible with the existing development in the area. Presented copies of the warranty deed to Council because the question did arise, I received a letter from the Attorney's of the owners of James Court who made a comment that they did not feel that we had an easement over that property. (Explained deed to Council — see tape) We have received the City Engineers comments and have no problem with them. (See tape for further) I'd be happy to answer any questions. Kingsford: You show those streets just stubbing into the open areas, I assume that encompasses Mr. Smith's comment under #3 for future access, is that a consideration? Certainly it's our desire not to landlock any adjacent properties. Bowcutt: We have reviewed the assessors map which indicates which parcels are tied together. (Presented assessor map and explained — see tape) — Kingsford: The problem with this is that both this and Blue Heron Drive are private lanes and that constitutes a problem. Bowcutt: I guess we can sit down and talk with Gary Smith about stubbing those out. These are just our open space lots. Kingsford: You have no problem with the location of sewer lines in that private drive and making sure that we are the recipient of easement for those utilities. Bowcutt: The applicant is aware of that, yes. We have no problem. Tolsma: This is all off street parking for these apartments? Bowcutt: Yes we are providing off street parking. Corrie: What's the purpose of the gate. (Discussion of gate — see tape) Gary Smith, City Engineer, was sworn by the attorney. MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 10 Eng. Smith: I just wanted to present a map to you that the Highway District prepared and sent to me that shows the overall development of the section of land in which this parcel resides. To give you some idea of how the circulation of the roadways are laying out there as the property does subdivide. There's been some concern expressed by several parties and I think I made note of that in my comments to you but as far as getting from the existing developed portions of this section that would be the Willows or Willowbrook comes in from Settlers Village and Meridian Place Subdivision headed to the west and specifically this 40 acre parcel that lays right in here just to the east of the parcel that's being applied for tonight. (Explained on map — see tape) Concerns expressed about access from Meridian Place Subdivision, the Willows Subdivision to the west to Meridian Road and down into Meridian business district. (See tape for further) Kingsford: Thank you. Anyone else to testify? Raleigh Hawe, 530 Blue Heron Lane, was sworn by the attorney. Hawe: It's my opinion that the James Court Road as a private Street right now should be made a public road. As it is right now, it's only a 22' wide access with automobiles parking from time to time along the south side of what appears to half a street there. The curbs are set in on the south side, the north side of the street has just a line I guess which bounds the property on the north. The street width is only 221. The streets should connect in an east — west direction from Willowbrook as your Engineer explained. (See tape for further) Stated 22' access would not provide enough room for emergency vehicles if needed. (Presented pictures of James Court on Fire) Further concerns stated about street width and having only one access available. Kingsford: Thank you. Anyone else to testify? Limon Belnap, Attorney for James Court property owners, was sworn by the attorney. Belnap: I am here to represent the James Court Property Owners. Having done my own title search since the letter, I would acknowledge that there is an easement for ingress and egress across our property, our parcel being the burdened parcel. The • MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 11 parcel being proposed this evening, the benefited parcel. There is no easement for utilities through that ingress/egress easement. I'm informed tonight also by our property manager that he has been contacted by Idaho Power that has informed him that the electrical box they are proposing to use to feed their project is 6' outside of the fire access easement into our property also, so there would have to be an additional negotiation with the owners of James Court in order to bring power out of that box. Our concern is that apparently someone when they deeded this off back in the 709s had the foresight to reserve themselves an easement. The proposal this evening will double or possibly triple the burden on that easement. Nothing is being addressed as to the increased traffic, noise, any type of barriers along the apartment area. We are concerned about the safety issue also. If they are going to use a private easement and extend it to that extent, it would be timely, we believe, that this Council review all of the factors before it grants the preliminary plat approval regarding the safety, the maintenance, sound noise barrier and the safety factors raised by the gentleman just before myself. It's my understanding that there has not been real serious negotiation between our owner and the developer to the east. There's a lot to talk about. We are not opposed to that necessarily becoming public. (See tape for further) Kingsford: Any questions of Mr. Belnap. Tolsma: You mentioned that your property owners might not be opposed to that road going public? Belnap: I think it's inevitable. We are not opposed to addressing that issue. Tolsma: This would be just the north side of the road that goes from Meridian Road back to this other property. Belnap: Yes. Riddlemoser: Just in light of the letter that you wrote, is your position now that there is an access along that north 6011 Belnap: Yes. Kingsford: Thank you. Anyone else to testify? 0 MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 12 • Ron Garvin, 218 James Court Lane, was sworn by the attorney. Garvin: I am the manager of the James Court Apartments and a considerable number of the people that live there are very opposed to having this much additional traffic on the lane there. There are a lot of children and senior citizens who live in there and we are a little concerned about the additional traffic. Riddlemoser: How long have you been connected with James Court Apartments? Garvin: Two years. Riddlemoser: You weren't around at the time that it was developed fifteen years ago. Garvin: No I was not there. Riddlemoser: I'm curious as to why in the development of James Court that the 60' easement wasn't respected. I mean a row of fire hydrants right down the middle of the 609. Garvin: It's my understanding that there's no fire hydrants down that easement. The fire hydrants are on the ease side of the complex in the fire lane which is I think a 20' easement. Riddlemoser: Are there not two or three fire hydrants right down the south side of the lane, right in the middle there's a row of fire hydrants that are setting in the middle of that 60' easement. (Discussion held on number of hydrants) Kingsford: Thank you. Anyone else to testify? Jeff Huber, Representing Dorado Development, 1109 Leadville Ave., Boise was sworn by the attorney. Huber: We have an application pending on the Heimrich property which is to the north of this private lane that's been discussed. We're very willing to work with the applicants before you and try and iron out this entanglement that this private road is appearing to cause here. I think everyone should participate equally and work together on this. I think we'd be willing to help out with some more right of way if that's what was needed. MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 13 Kingsford: Thank you we appreciate that. Bowcutt: The applicant and myself did talk to Mr. Huber concerning their proposed development just north of us. The applicant has indicated that he would be willing to contribute a portion to basically bring that road up to public road standards if they would be willing to dedicate additional right of way there. The problem we have, we do have a 60' easement but the 22' of pavement is clear over on the north side and James Court Apartments currently has parking, landscaping on the other 381. We don't have room on basically our current existing easement to make any expansion of that. If the property to the north were to agree to dedicate and of course James Court would agree to dedicate that existing 22' of pavement possibly we could work something out. Kingsford: Is that 22' of pavement and then the sidewalk is also in that easement? Bowcutt: Yes. Kingsford: So we'd be talking about a very adequate street section if we got an equal amount on the other side with sidewalk and pavement. Bowcutt: Right. The way the easement is right now is the pavement comes right up to the edge and then goes over 22' and then you have your curb, gutter, sidewalk and this is parking (shown on map). Kingsford: Thank you. I will now close the public hearing. The Motion was made by Giesler and seconded by Yerrington to table this request and get a meeting set up with the affected three parties and review that prior to next meeting. Motion Carried: All Yea: ITEM #7: PUBLIC HEARING: ANNEXATION & ZONING REQUEST, WEST SIDE BIBLE CHURCH AND DENNIS HICKS: Kingsford: I will now open the Public Hearing and invite the owner or his designee to speak first. • MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 14 �J Jim Boyd, 9272 Shalan, Boise, was sworn by the attorney. Boyd: I'm representing West Side Bible Chapel and Dennis Hicks on this request for annexation and zoning and on the part of West Side Bible Church a conditional use. The property that we're speaking about is east of Meridian on Fairview Ave., known as the Shoshoni Building. It contains approximately 9.4 acres. West Side Bible Chapel will purchase the westerly 230' of the 9.4 acres and Mr. Hicks will purchase the balance of the property which would be approximately the easterly 516.7 feet of the property. The westerly portion that West Side Bible Chapel is going to purchase has an existing building on it. It's a 23,850 sq. ft. structure. West Side Bible Chapel will occupy the front portion of that existing building which will have approximately 6400 square feet that they will occupy. The balance of the building will continue to be occupied by the same tenants that are currently there and the same type of uses that have currently existed over the last few years. In order to fit the current uses that are in that warehouse, we request the zoning as a CG zone for the property with the exception of the front 125 feet which the church will occupy we're requesting a CC zone under conditional use. What I'm requesting this evening is that the Council approve the rezone, the annexation and the conditional use conditioned up the amendment to the Comprehensive Plan. Kingsford: That is to give some confidence to the Church as potential buyers to go ahead with that, is that true? Boyd: Yes. Kingsford: Anyone else to testify? Dan Wood, 2119 E. Chateau, was sworn by the attorney. Wood: How many members are in the church? Boyd: 50 to 75 people. Wood: With the portion that you own, how far over does it go to the west of the Shoshoni building? Boyd: The Shoshoni building is built pretty close to the westerly property line. There's about 45 — 50 feet from the west of the building to the westerly property line. • MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 15 Wood: Are there any plans to improve the lot? Boyd: Yes we intend to pave & landscape. • Wood: Will the dance studio still be there and are there plans to improve from the studio out to Dixie Lane? Boyd: There's another development being approved to the north which will allow us to be contiguous for annexation. Wood: I would encourage not only your membership to maybe landscape it in such a way so it encourages them to go across the parking lot in front of the church. Will they exit that way or will they continue to encourage them to use Dixie Lane. Boyd: There's currently an ingress/egress there on Dixie Lane so I'm assuming unless there's some restriction that on that side of the building they would ingress/egress on that west side. Kingsford: State your objections. Wood: My concern was where they are asking for a commercial zoning eventually is what we're getting down to for a portion of that building, it's definitely going to have more traffic for that entrance coming in off Dixie Lane. So why not encourage them to either improve that a little bit better or encourage the people to go back across the front of the church and go out the other exit. Kingsford: Thank you. Anyone else to testify? No response. I will close the public hearing. The Motion was made by Giesler and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law on the annexation and zoning request for the West Side Bible Church with conditional use permit then conditioned upon the amendment to the Comprehensive Plan. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea: Motion Carried: All Yea: ITEM #8: PUBLIC HEARING: ANNEXATION & ZONING BY DAVE LEADER: CHERI MEADOWS SUBDIVISION: 0 MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 16 • Kingsford: I will open the public hearing at this time and invite the owner or representative to speak first. Pat Tealy, 479 Main St., Boise, was sworn by the attorney. Tealy: We're a little bit confused on the issue whether this is for the subdivision or the annexation and zoning. I believe it's for the annexation and zoning, is that correct? Kingsford: That is correct. Tealy: We are asking for this parcel to be annexed at an R-8 zone. I'd like to read the definition of an R-8 Zone: R-8 Medium Residential District, the purpose of the R-8 district is to permit the establishment of single and two family dwellings at a density not exceeding 8 dwelling units per acre. What we're here to discuss is the condition that has been placed on the annexation that no duplexes/townhouses be allowed in this development. The reason that the Planning & Zoning indicated that they didn't want any duplexes or two family dwellings, even though it's an allowed use in the zone, is that they hadn't allowed that in the surrounding developments. We feel we're a little different than the surrounding developments (explained on map - see tape) We are building a Collector Street up through our subdivision. Explained on map where townhouses would be located. Neighborhoods are comprised of more than just single family development. There should be a mix of use in a neighborhood. You have to have a little bit of variety to market. Dixie Lane would be used as an emergency access. Any questions? Tolsma: Planning and Zoning had an R-8 designation on the ground but they did put in there that there were to be no duplexes allowed. One thing they omitted in there was a 1350 sq. foot minimum on houses. Tealy: We don't want a duplex rental type situation, these are single family private ownership homes. We felt this was the best way to develop this property, they then did put a condition on our annexation that no duplexes be allowed. Kingsford: Since you've got twelve lots there and your talking about townhouses, it seems to me that if its a single ownership that you'd need to have then 24 and have those lots called out by that if your going to have ownership on each side of that. MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 17 Tealy: That's correct. That's our third phase, we would come back to you with a final plat that would show those twenty four divided. We have 30+ acres in this development, at 88 units per acre you have 240 units, we are asking for 127 units. We are asking you to eliminate that condition on the annexation. Kingsford: The part that your asking to annex is not the full parcel that you have on preliminary plat here. Tealy: That's correct. (Explained on map) Tolsma: With individual owner townhouses then they would have to split the lots. Tealy: Yes, when that phase came back in for development that plat would show that division. Tolsma: Then we could really zone this thing with an R-8 with no townhouses allowed and then apply for a variance to get townhouses set on those lots. Kingsford: I'm not sure that you couldn't do that automatically in an R-8 anyway. If you have single ownership it would probably meet the square foot requirements. Crookston: I'd have to look it up and see what the requirements are. The thing that Mr. Tealy and I have discussed is the duplex and townhouse and single family idea, the difference between single family and the other two is that single family requires - the definition of single family dwelling unit requires open space on all sides of the structure, so a duplex and a townhouse basically are kind of in the same realm. They are not single family dwellings however. Tealy: What I may suggest is that seeing that the R-8 density does allow two family dwellings maybe to annex the larger portion of it as an R-8 with that conditional use on it and let us annex that culdesac portion strictly at an R-8 which would allow that type of development. We're not asking for you to take that condition off the whole development just that culdesac. Corrie: How many homes in this subdivision as an R-8? Tealy: We are proposing 113 lots and then the additional twelve in here because of the townhouses would be 125 units. Corrie: And the sizes of your homes are going to be what? MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 18 Tealy: I believe Mr. Leader, the owner of the property should address that. David Leader, 110 Parkway, Boise, was sworn by the attorney. Leader: My understand with the R-8 zone is you could have percentages from 1000 sq. feet up. What we were proposing was the 1100-1200 sq. ft. would be allowed only in this most southerly area that backs up to the Shoshoni property. We were proposing no homes less than 1100 sq. feet in the subdivision other than in the townhouse culdesac there where we would allow 1000 sq. feet or larger. Again that was part of the reasoning behind having the townhouses there and you'll notice the duplex culdesac we have an elongated culdesac with center parking to allow more parking and landscaping in the center. We have an entry island on that to try and add some character to that culdesac. The culdesacs that are furthest to the east here would be a minimum of 1500 sq. feet. (explained further on map - see tape) - Again what we're trying to do is get some mix. We would prefer that this subdivision not be like every other subdivision. Tolsma: Planning and Zoning mentioned that the minimum square footage in there, even though they didn't put it in their Findings, was 1350 square feet with an R-8 zone. As far as an R- 8 zone, I wouldn't approve an R-8 zone if it's not 1350 square feet. I don't like R-8 zones. Leader: We have a difference of opinion. I feel that we need that flexibility to meet needs of buyers. (Further - see tape) Corrie: I agree with Mr. Tolsma's comments. We've got enough R- 8' s here. Leader: Explained on map square footages on lots - see tape. Kingsford: Thank you. Anyone else to testify? Don Bryan, 2070 N. Locust Grove, was sworn by the attorney. Bryan: I'm not opposed but have concerns about main feeder irrigation access. Drew example for Council and explained where ditch runs. It's my understanding that any ditch adjacent to a future development must be tiled. The argument that I've heard from the developer is that it's to far away from the fence to be MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 19 adjacent to and there was some question as to what the definition of adjacent to is. If this is not tiled, what is my protection as far as a fence or something to keep the kids and dogs out of that ditch. Concerned about Dixie Lane — now is time to think of future of Dixie Lane. (Further — see tape) Discussion Held — See tape. Kingsford: Having had one of these problems before with the ditch, it would be my recommendation that we get participation out of this property owner to make sure the ditch gets tiled. Thank you. Anyone else to testify? Dan Wood, 2119 E. Chateau, was sworn by the attorney. Wood: The questions I had is with Dixie Lane, is the developer going to fence along those lots that back up against Dixie Lane? If they are not I would encourage it. Explained it would be hard for developer to market those lots if not approved for townhouses. Kingsford: How many participants are there down Dixie Lane? Wood: 5 people and the church's property. Kingsford: Thank you. Anyone else to testify? Tealy: There will be no change in Dixie Lane use. We would propose no access from any of the lots onto Dixie Lane. Only used as an emergency access. Until that access is no longer needed we would fence those lots off so there would be no access to Dixie Lane. We would put a fence 10' away from the property line until such time as the north portion of that where these other four users are is developed and then at that time they would extend their fences. Discussion on where utilities run on Dixie Lane. Eng. Smith: Must maintain access to the back of those lots. Tealy: We will keep it fenced then. To address the irrigation portion of it, he would always have access available to him. We do not intend to the that ditch. It's not on our property nor is it adjacent or contiguous to our property. There is a development being planned on that portion to the north and we've seen the plan for it and they are planning on tiling that ditch. MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 20 Yerrington: Did this ditch ever service water to this area? Tealy: No it didn't. What happens at that headgate we're talking about is it splits three different ways. Crookston: If the right of way is not adjacent or contiguous our ordinances don't apply to it. Giesler: What will happen to his headgate when the other property develops? Kingsford: Can't separate the water from the land, it's got to be maintained. Giesler: So that headgate will remain there all the time. Kingsford: How many people use that? Bryan: Two. Kingsford: Thank you. I will close the public hearing. Discussion Held - see tape. The Motion was made by Corrie and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law with the addition that the minimum square footage of the homes will be 1350 sq. feet minimum. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Giesler and seconded by Yerrington to instruct attorney to prepare Ordinance for annexation and zoning. Motion Carried: All Yea: ITEM #9: DEPARTMENT REPORTS: Wayne Forrey: Just to remind you that on Friday at 10:00 A.M., here at City Hall there will be a progress meeting with the Contractor and property owners and representatives of the Downtown Committee on the Phase II Construction. Kingsford: Thank you. MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 21 Crookston: The City has had a Tort Claim filed against them and no decision should be made at this time. Kingsford: Thank you. Yerrington: Wished Boise State Bronco's good luck! Tolsma: How are we coming along with our Salvage Yard? Crookston: Haven't had time to handle yet. Kingsford: What's the progress with regard to the Cement Company? Tolsma: He does have an electrical permit, we found out that it was under a wrong address. The electrical inspector has inspected it and everything was okay. The building inspector still says there is no occupancy on it and he's given a verbal delay until weather conditions permitting, which he says he will go out and find out when that's going to be. Idaho Power just installed poles out there and I have heard that they are planning on constructing a major building out there and I would like to ask the Council's support in asking the building inspector to deny them a building permit until we get this problem resolved, if he comes forward with an application. Corrie: I agree with this. Kingsford: Thank you. The Motion was made by Corrie and seconded by Yerrington to adjourn at 10:05 P.M. : Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 22 APPROVED: GRANT P. KINGSFORD, MAYOR ATTEST: clt ORDINANCE NO. 596 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN !REAL PROPERTY- WHICH IS DESCRIBED AS •A PORTION OF THE SW 1/4 NW 1/4 OF SECTION 19' T. 3 N.; R. i' E., B.M.', MERIDIAN, ADA COUNTY, IDAHO -AND PROV•'I DI NG AN EFFECT I VE DATE. WHEREAS, th•e - City •Co•unci 1 and - the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City' •to annex 'to the s- iid City 'real •pr'operty which is described in Exhibit "A" attached here to and'incorporated herein by this reterlence. NbW, THEREFORE, M 1T ORDAINED by'the Mayor and'City Council bf the City"of ;Meridian, Ada Cbunty,, Idaho: 9ECT•ION 11: That''' the above reference reale property, described in Exhibit "A" attached here to and incorporated herein by this reference, is hereby annexed to the City of Meridian, and shall �be 'zoned R-4 Residential; that the property shall be subject to-"' ' site planning review and the Subdivision and Developoent•' Ordinance; that al l ditches, canals' and' waterways, 'including those that are property boundaries or only partially located* on the -'-property, • fuus't be cbmpl et el y t•i 1 ed,' including that .portion not located on the property if "it is a boundary''and if not so tiled the property shall be subject to de -annexation; that the pr•o-perty shal-1 be subject to' de -annexation 11 the R-4 density 7 'is exceeded or if • dwelling -s other than si'ngl'e family dwellings are a'llowed'- to -be constructed on the property and' this restriction'• shall be 'noted- 'on the plat of"the subdivision; that there'arW '*wet•lands • issues''••and- ground water problems on the property and these probleas must -be -solved to the satisfaction of the Meridian City Engineer prior to final platting and if not the property shal'•1 be' s'ubj ect to de -annexation. SECTIbN e•: ' That7. the property shall be'subject to de - annexation if the, owner or his assigrnss, heirs,' or successors does not meet the requirements above stated and those contained in the Findings 'of- Fact 'and' -'Conefus-ions . of•'Law ad'opt'ed 'for Applicant's application, -construct water and sewer line extensions to serve the property, and construct streets to and within the property; if Applicant fails to meet these conditions the property shall be subject to de -annexation, which conditions shall run with land and also be personal to the owner. SECTION 3: That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. • • 161 SECTION 4: EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho., this 16th day of March, 1993. APPROVED: ATTEST: g.'n; WAYNE F RREY, ITY CLERK Z�Aj e 24�= I - 'GRANT P. KlNG4gjFD#kl R ORDINANCE NO. 591 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN ' REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE E 1/2 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 3 NORTH, RANGE i WEST, BOISE -MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cit y Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: PARCEL A: