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HomeMy WebLinkAbout1993 05-18• • MERIDIAN CITY COUNCIL AGENDA TUESDAY, MAY 18, 1993 - 7 :3Q1 P. M. CITY COUNCIL CHAMBERS MINUTES OF THE PREVIOUS MEETING HELD MAY 4, 1993: tTABLED) i. PUBLIC HEARING: RE@UEST FOR ANNEXATION AND ZONING WITH PRELIMINARY PLAT FOR WINGATE SUBDIVISION: tTABLED) ~. PUBLIC HEARING: PRELIMINARY PLAT FOR SCHOOL PLAZA SUBDIVISION: 4 LOTS, ZONED R-15: tTABLED) 3. PUBLIC HEARING: VACATION OF EASEMENT FOR MICHELS AND MICHELS: tATTORNEY TO PREPARE ORDINANCE) 4. PUBLIC HEARING: ANNEXATION AND R-8 ZONING RE@UEST, CONIFER SUBDIVISION WITH PRELIMINARY PLAT AND VARIANCE OF CULDESAC LENGTH TO 79H1 FEET: tATTORNEY TO REVIEW AND AMEND FINDINGS) 5: PUBLIC HEARING: ANNEXATION AND ZONING REQUEST BY HIMERICH AND DORADO DEVELOPMENT: tATTORNEY TO REVIEW FINDINGS) 6: PUBLIC HEARING: RE@UEST FOR ANNEXATION AND ZONING TO R-8 WITH PRELIMINARY PLAT, PHEASANT POINTE SUBDIVISION: tTAHLED) 7: PUBLIC HEARING: ANNEXATION AND ZONING PLUS PRELIMINARY PLAT BY CHERRY LANE DEVELOPMENT: R-4 ZONING, PORTION OF CHERRY LANE DEVELOPMENT: tTABLED) B: PUBLIC HEARING: REZONE REQUEST FOR JIM BANDUCCI AND BEDELCO FROM R-4 TO R-8 TO ALLOW DUPLEX UNITS: tTABLED) 9: FINAL PLAT: CHERRY LANE VILLAGE SUBDIVISION #)4, 2~ LOTS BY WHITE, MARSHAL, R.P. PROPERTIES: tTABLED) 10: FINAL PLAT: HAVEN COVE iii SUBDIVISION, BY S.I. DEVELOPMENT, INC.: t APPROVED) 11: RE@UEST FOR CONSIDERATION OF AN ACCESS STREET STUBBED OUT OF WATERBURY PARK SUBDIVISION TO THE WEST, BY MR. AND MRS. SIMUNICH: tACHD TO FOLLOW UP) i~: STATUS OF ORDINANCE COMPLIANCE FOR BEST WESTERN CONCRETE PRODUCTS, DRAFT COMPLIANCE LETTER BY PLANNING DIRECTOR: tDRAFT LETTER APPROVED) • ~ 13: DEPARTMENT REPORTS: A. VARIOUS CITY DEPARTMENT REPORTS i. UPDATE ON CHERRY LANE IMPROVEMENTS -LARRY SALE, ACRD B. DEVELOPMENT ISSUES BY PLANNING DIRECTOR 1. UPDATE ON COMPUTERIZED MAPPING ~. UPDATE ON CITY HALL TELEPHONE SYSTEM 3. STATUS OF CMAO GRANT APPLICATION 4. STATUS OF DOWNTOWN PARKING - JUNE 8 COMMITTEE MEETING 5. STATUS OF ECONOMIC DEVELOPMENT GRANT APPLICATION E-. STATUS OF DOWNTOWN PHASE II - EXTRA BULBS 7. STATUS OF CURRENT DEVELOPMENT REQUESTS AND CONSIDERATION OF ADMINISTRATIVE PROCESSING FURLOUGH TO COMPLETE DRAFT COMPREHENSIVE PLAN C. EXECUTIVE SESSION BY CITY ATTORNEY TO REVIEW FRANCES WRIGHT SITUATION. • • MERIDIAN CITY COUNCIL MAY i®. 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 Giesler, Max Yerrington, Bob Cowie. Others Present: Dan Woad, Don Bryan, Linda Arnold, Betty Tully, Randy Conner, Becky Bowcutt, David Jorgensen, Doris Barrett, Gilber Tuning, Linda Winterfeld, Jae Simunich, Erlan Venable, Raleigh Hawe, John Sanford, Jim Banducci, Clayton Booth, D.L. Johnson, Ellen Andrews, Mary H. Johnson, Wayne Crookston, Bob Angel, Gary Lee, Jim Merkle, Keith Loveless, Jeff Huber: MINUTES OF THE PREVIOUS MEETING HELD MAY 4, 1993: The Motion was made by Tolsma and seconded by Yerrington to table the minutes of the previous meeting until the next regular meeting. Motion Carried: All Yea: ITEP1 #1: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH PRELIMINARY PLAT FOR WINGATE SUBDIVISION: Kingsford: I will open the Public Hearing. Is there a representative present? Gary Lee, JUB Engineers, 1750 Summertree, was sworn by the attorney. Lee: I am here representing the owner and developer far Wingate Park Subdivision. Presented map for Council to view. The parce] of land is situated east of Mirage Meadaws and south of Kearney Place Subdivision, generally located north of Fairview Avenue and east of Locust Grove. It's adjacent to, on the south boundary to the proposed Cheri Meadows Subdivision. The property is about 19 acres in siae. There is two single family homes on the 19 acres currently being occupied. This is adjacent to the City of Meridian's corporate boundaries to the north with Kearney Place Subdivision and also to the west with Mirage Meadows. There's an access to the property at the northeast corner called N. Wingate Place. There's a planned access at the southeast corner into a Collector Street that is proposed for the Cheri Meadows Subdivision. In addition through future developments there will be access to Oakcrest Street to the west through Mirage Meadows. The annexation and rezone request is for R-8. This particular project consists of about 74 lots resulting in a density of a little under 4 per acre. We are requesting an R-8 because of the lot size mainly. Most of the lots within that development • MERIDIAN! CITY COUNCIL MAY 18, 1993 PAGE 2 • average about 70 feet in width and about 105 foot in depth. The develop®ent will consist of single family residences, no duplex lots. There are existing facilities available for sanitary sewer and water. tExplained locations of sewer and water lines - see tape) All streets will be constructed to ACHD standards, modified for five foot sidewalks, per the City require®ents. There's an existing irrigation ditch that traverses along the south boundary providing water to the west that will be tiled and kept in operation. There was some comments that the City Engineer made on April 10th that I'd like to address at this point. There's a twenty foot strip of land, known as Dixie Lane, that goes along the west side of the property. Currently that land is not within the title of the record owners, Monroe and Barker. The developer and the owners are investigating the possibility of acquiring that 20 foot strip through some sort of action. If that is a possibility then that would be included in the annexation and rezone request. ACRD in their review has limited the amount of traffic that can go through Kearney Place Subdivision to a hundred units. Right now there are 79 planned in Kearney, however there is more than likely only going to be 73 or so built through phases one., two and three. That would leave some capacity of about 20 some lots that could be served through Chateau Meadows before a second alternate route would be required to provide access. That second alternate route would either be through Cheri Meadows development or through Oakcrest. Through ACHD's review of this development they have recommended at this time anyway that Dixie Lane be dedicated as public right of way from Oakcrest south to the south boundary of the property. The sanitary sewer extensions that I spoke of from Oakcrest at this time would be through a graveled easement location until such time that the little out parcel in the southwest corner could be developed. There's about an acre there that eventually will be developed. Once that takes place then a public road could be extended through it and services relocated into it. The first phase would be along Wingate Place consisting of about 15 lots. We concur with the come~ents about street lights and fire hydrants we'll work out those location details at a later time. I'd be glad to answer any questions at this tiee. Giesler: Is the mobile home and the single family home that's on the property going to stay there? Lee: The single family home will, the mobile home will not once that phase develops. MER I D I Ald C I TY COUhlC I L MAY 11, 1993 RAGE 3 Giesler: One other question. How will Mr. Wood get to his home if Dixie Lane is included in the annexation? Will that road change then at that time? Lee: More than likely it will. There's a couple of alternatives. We can either re-route that temporary access or possibly take access off of Chateau Meadows and Kearney Place Subdivision. Corrie: That parcel on the southwest corner, did you address that? Lee: Maybe Dan could address that. That parcel is not part of the Monroe-Barker ownership and at the time this application was submitted he wasn't interested in the subdivision and the annexation. Corrie: I'm a little concerned with getting in and out of this subdivision, going through to other subdivisions. Lee: That's certainly a concern on Oakcrest, however our other alternative is the tie to the Collector Street in Cheri Meadows at the southeast corner which would actually be a better tie because that will put them right onto a Collector Street rather than a local. Kingsford: It looks to me Mr. Lee that you'd be having a culdesac that would be far beyond the Ordinance requirement if you were to come in from the north through that subdivision. Lee: With future expansion planned at East Meadowwood Street from that point south would be the length you'd choose for the culdesac length and that would .just be a temporary culdesac. Kingsford: Thank you. Anyone else to testify? Dan Wood, 2119 E. Chateau, was sworn by the attorney. Wood: I'll start off with the culdesac. I talked with the Fire Department and what Kenny recommended was at the end of that street to put in a temporary turn around and he indicated there wouldn't be any proble®s with that Wingate Street there until another access point came in. Concerning the square footage, we're shooting for a minimum of 130t~- square feet. Price range of • MERIDIAN CITY COUNCIL MAY Le, 1993 RAGE 4 the houses have been running anywhere from 'E9~D,t;liP10 up to ~130,t{100. There will not be any duplexes, it will all be single family. With my parents, their plans are to eventually have their access paint come in off of Chateau Street and so there won't be any need for them to come down Dixie Lane anymore. That's all I have unless there are any questions you have. Kingsford: Thank you. Anyone else from the public to testify? Don Bryan, 2Q17G N. Locust Grove Road, was sworn by the attorney. Bryan: I have a few concerns about this new subdivision. One being the ditch tiling. I've talked to Dan and he has assured me it would be taken care of. Also, they said they will be keeping it operation after it's tiled. I'm not familiar on how deep they put these tiled ditches when they go through and do that. Is there going to be any problem with people digging through there when they dig their fence posts and different excavations where their going to be perforating that pipe and who's going to take care of it if and when that happens? I also have a head gate located in the southeast corner and he has assured me that they will provide me access to that head gate along that road but that's something that is going to have to be monitored as these developments intercede with each other. Also another problem I'm going to have is what they are going to do with the storm run off. Is it going to be held on premises or run into a underground pit? tExplained previous problems - see tape) - Another problem I will have is the secondary route of all the traffic from this subdivision coming down Oakcrest and coming out onto Locust Grove. Concerns stated about additional traffic on Locust Grove and impact on schools. Kingsford: Thank you. Anyone else to testify? No response. I will close the public hearing. I might for the audiences information advise them that the Council had these packets far probably two hours. The likelihood of passage is somewhere between slim and none. The Motion was made by Corrie and seconded by Tolsma to table this until the next regular Council meeting. Motion Carried: All Yea: MERIDIAN CITY COUNCIL MAY lA, 1993 PAGE 5 • ITEM #~: PUBLIC HEARING: PRELIMINARY PLAT FOR SCHOOL PLAZA SUBDIVISION: 4 LOTS, ZONED R-15: Kingsford: I will open the Public Hearing at this time. Crookston: I have a conflict of interest and will be stepping down and Mr. Riddlemoser will be taking over for this item. Keith Loveless, Loveless Engineering, 3330 Grace Street, Boise, was sworn by the attorney. Loveless: I'm here tonight representing Mr. Alidjani in the process of trying to divide up his property around the old school site. We have no problems with any comments so stated. We sees to have a site problem with the Ordinances. We don't have enough room between the buildings on lots 1 and 2. Explained. I'd be happy to answer any questions you may have. Giesler: The parking you have on the sketch would be just for the old school, is that correct? Loveless: Yes. Yerrington: You had some underground tanks that you removed. How did they test? Loveless: I was not part of that. You would have to refer that question to the owner. Kingsford: Thank you. Anyone else to testify? Moe Alidjani, Turnberry, Meridian, was sworn by the attorney. Alidjani: There has been two tanks removed out of that property. We have hired Dale's Tank service to remove two tanks. We have not received a written document from them yet but I have talked to them by telephone and he stated that since the ground has been covered there should be no problem whatsoever. Kingsford: Thank you. Anyone else to testify? No response. I will close the public hearing. I've been advised that the publication notice was short on that, it was only fourteen days. The requirement is fifteen days, since we've published that far public hearing we went ahead and took the public testimony. We are going to have to rehear that on another date as well. At this time I'd ask the Council to table this until it is properly noticed. MERIDIAN CITY COUNCIL MAY i®, 1993 PAGE 6 • The Motion was made by Yerrington and seconded by Giesler to table this item until properly noticed. Motion Carried: All Yea: Crookston: Returned as attorney - Riddlemoser stepped down. ITEM #3: PUBLIC HEARING: VACATION OF EASEMENT FOR MICHELS AND MICHELS: Kingsford: At this time I will open the Public Hearing. Steve Michels, 1631 E. Paradise Ln., was sworn by the attorney. Michels: What we're asking for is a vacation of some easements that run through the center of our property. We have dedicated an easement that perimeters our property in lieu of this vacation of easement. We have talked to all of the utility companies and gotten letters from the® stating it is alright to go ahead and vacation that portion of the easement. Also I got notice from Mr. Forrey the other day to post these notices in the Library, the Post Office, and on the property, which has been done. Kingsford: Thank you. Counselor, do you concur with the proper notification of this issue? Crookston: Under the circumstances I do. Kingsford: Is there anyone else who wishes to testify? No response. I will close the public hearing. The Motion was made by Giesler and seconded by Tolsma to have the City Attorney prepare an Ordinance for the vacation of easement for Michels and Michels. Motion Carried: All Yea: ITEM #4: PUBLIC HEARING: ANNEXATION AND R-® ZONING REQUEST, CONIFER SUBDIVISION WITH PRELIMINARY PLAT AND VARIANCE OF CULDESAC LENGTH TO 791 FEET: Kingsford: I will open the public hearing and invite the owner or a representative to speak first. Hecky Bowcutt, Briggs Engineering, 1111 S. Orchard, Boise, was sworn by the attorney. • h1ER I D I Ald C I TY COUNC I L htAY iB, 1993 PAGE 7 Bowcutt: The applicant is requesting annexation, a rezone to R- B, a preliminary plat and a variance on the maxisum 450' culdesac length in the Meridian City Ordinance. The subject parcel is located on the south side of Pine Avenue, approximately 700 feet west of Linder Road. The proposed development consists of 23 single family dwelling lots on a 4.72 acre parcel. The applicant will be providing central sewer and water to the property. The surrounding land uses include, Meridian High School to the north and that particular coning on that north side is LO. To the south we have the Union Pacific Railroad right of way and that has a light industrial zone. To the east of our parcel is a storage facility that is currently in the county with a zoning designation of R-1 and there's also some light industrial to the east also. West of our parcel. is the existing Merrywood Subdivision which has an R-9 zoning designation. The R-8 zoning designation, which we are requesting is consistent with the existing zoning in Merrywood Subdivision. The proposed density is 4.87 dwelling units per acre. One reason that we are requesting that R-8 zoning designation is because of the shallowness of the parcel. This parcel is only approximately 222 feet in width. The single family dwellings that will be proposed for those lots are manufactured homes. The homes will meet or exceed the new requirements under the Meridian Zoning Ordinance for manufactured homes. All homes will have an attached two car garage. The garage will be site built. There will be some brick work that's done to highlight the garage and home. Further descriptions of homes - see tape) Submitted copies of elevations for the record. Passed to each member. Presented colored photo for Council to view. Minimum square footage on the homes will be about 1200 square feet, and maximum will be 1600 square feet. The estimated selling price of the lot and the home combined is around 380,000.00. The developer intends to provide a berm along Pine Avenue, he will be doing some landscaping. The developer intends to put a six foot cedar board fence along the south boundary where we have the Union Pacific Railroad, basically as a buffering mechanism. He'll also put a six foot cedar board fence all along the west boundary between the development and Merrywood Subdivision so there will be a separation between the two subdivisions. All streets in this development will be built to public road standards and dedicated to ACRD. Curb, gutter and sidewalk will be included on both sides of the street. Minimum square footage of lots are 6,544 square feet. Our average lot size came out to be about b, 776 square feet so they are your C7 MERIDIAN CITY COUNCIL MAY iB, 1993 RAGE B standard size residential lots. We have requested a variance for a culdesac length. The proposed length of our street from the point which our street intersects with Pine to the center of the culdesac is 790 feet. Basically, what we've done to try to remedy the situation is we have provided a 50 foot stub out to the property on the east side. We met with Ken Bowers and discussed our particular problem we had with this property. The fact that we only have a 2~2 foot width on that and asked for suggestions. One thing about the stub out it cuts down on that culdesac length. That parcel to the east it's in as a storage facility right now but potentially it could develop into residential, maybe commercial. By providing that 50 foot stub we won't have the same situation repeated because they'll be able to link in with us. Mr. Bowers thought that from the Fire Departments prospective that may be helpful. Basically, we don't feel that granting this variance would constitute a special privilege because the applicant would be prohibited from reasonable development of this parcel if he could not exceed that 450' length. We've attempted to minimize that length by providing a stub street at that 340' point, so beyond that we're at 450 exactly to the center of the culdesac. I feel that we've tried to minimize the situation, we have an abnormal shaped parcel and we believe that it would be reasonable under these circumstances. Any questions? Yerrington: Do you plan a berm along the railroad like the property to the west of you? Bowcutt: I'm not sure that we've discussed that but we probably have the depth to do it. That would be acceptable. Giesler: Do those manufactured homes have a steel frame underneath them when their moved in? Bowcutt: Concerning the manufactured homes, we brought the gentleman tonight who will be providing those. He will basically dlscus5 the specifics of those. Crookston: On the Findings of Planning and Zoning they reference the conflict between the two Ordinances of the City of Meridian which are the manufactured home ordinance and the ordinance that requires the 1300 square feet. How do you plan to address that? The manufactured home provision says a 1000 minimum but our house size classification says you have to have a minimum of 1300 square feet in an R-8 zone. Or you can vary that by going into a percentage. • • MERIDIAN CITY COUNCIL MAY 16, 1993 RAGE 9 Bowcutt: We planned on using the percentages. Kingsford: Thank you. Anyone else to testify? David Jorgenson, 1305 Eldoran, Nampa, was sworn by the attorney. Jorgenson: I'm here in regards to manufactured homes. The type of home that we're going to be providing is a little different than you've seen, it's called a residential unit. These aren't sold in this area right now. People are concerned about the fact that we'll bring a manufactured home into this area and the property value will go down. What we're trying to do with the homes that we're bringing in is address that problem. We're building them better, using better quality materials. The thing that we're trying to do here is when we put this house on a foundation, we put a garage on it, we take and texture the walls, oak cabinets inside, I dare anyone of you to go in there and tell me it's a manufactured home. You just can't tell any longer. Now we're trying to come into the 90's with these homes and trying to bring a quality home to people that ,just can't afford the money for a site built home right now. We can do a ib00 square foot house for a lot less than somebody doing a site built and that is because we're doing it in a factory. We're buying all of our materials in quantity, lumber, steel, doors, oak cabinets, so we can do a lot of that work in the factory and save the consumer a lot of money. This is a good opportunity for medium income families to get into a very very nice home. I'm here to answer any questions you may have. Kingsford: I think there was one with regard to the frame. Is that steel? Jorgenson: Yes it will be. The reason we do it on a steel frame is for transport. The construction of the floor joist is just like a regular site built home, but because of the transport we must put it on steel frame. The steel frame will not be visible once it's on a foundation. Tolsma: You use a perimeter foundation the same as a regular stick built house? Jorgenson: Yes we do. The major structural support are the steel beams underneath the home, but we do have a perimeter foundation that does support the outside walls but the major support is the steel beams underneath the home. • MERIDIAN CITY COUNCIL MAY 18, 1993 PAGE L IU • Giesler: How are you tied in with manufactured homes? Is that your business? Jorgenson: Yes sir. I'll be working for Golden West Homes. It will be a new dealership coming into Boise within a month or so. I will be their representative and we'll be selling off of Chinden. Giesler: Is the back as attractive as the front? Jorgenson: What we're doing is we let the consumer decide what the house looks like in the front and the back. Giesler: Are there any of these homes in the area that we can 1 ook at? Jorgenson: Right now there are no homes in Idaho that I know of. Kingsford: Where is the closest that these would be sold that we might see? Jorgenson: The closest would be in Oregon or Washington. The Salem area would probably be the closest. If you'd like any information on communities that are already developed that are using these, I can get that for you. Giesler: You say that these wouldn't bring down the property values of the neighboring subdivisions. I would think that if your able to set something up in the 70-80 thousand range, the lot and the home. Why wouldn't that pull down the price? Jorgenson: What I was trying to say there is I don't know the cost of the homes in Merrywood, I believe they start at X95,000.00. The home your looking at right there would cost minimum of X85,000.00. What we're looking at is '85,000.00 and up. Some of the houses in the subdivision could range in prices al l the way up to ti05, 000.00. Giesler: And 1:105, 000. 00? Jorgenson: 1600 square feet and Kingsford: What Jorgenson: 1600 that square ~o up f is the square would be what square footage for a feet. We're hoping to start at say, 1300 rom there. sire of the one pictured? feet. • MER I D I Ah! CITY COUhlC I L MAY 18, 1993 RAGE 11 Tolsma: This doesn't include the garage? Jorgenson: Ido it does not. 1~ Yerrington: Where would these homes be manufactured that would be setting on this property? Jorgenson: Well the homes right now would be manufactured out of state but within the next nine months to a year they would be manufactured here in Idaho. Yerrington: Out of state where? Jorgenson: Oregon - the Portland area. Corrie: Did I hear you say that they all will have two car garages? Jorgenson: Yes sir, attached. Kingsford: Thank you. Anyone else to testify? James Vandanacker, 196 W. Slaton, was sworn by the attorney. Vandanacker: I think you've received the letter I wrote to you last week but I wanted to verbally emphasis my objection to this subdivision. Although I do not object to subdivisions on the whole, I do object to manufactured homes in the close proximity of Merrywood. You asked where these were made a few minutes ago, they are made in Woodburg, Oregon right now and I have a copy of those specifications. They are clearly mobile homes. They are not compatible with any of the existing subdivisions or any of the new ones coming in. Biggest objection is to manufactured homes. Leaving specifications for Council's review. Kingsford: Thank you. Anyone else to testify? Linda Arnold, 14841 Hartman, Boise, was sworn by the attorney. Arnold: I'm the developer of Merrywood Subdivision right next to this. I have written a letter to the City stating my objections. I have very little to add to that except I can see no reason why a variance should be granted. I'm not thrilled with putting manufactured homes in there right next to Merrywood. • • MERIDIAN CITY COUNCIL MAY 18, 1993 PAGE i~ Giesler: You said you disapprove of the variance. Now the variance is just on the culdesac length. Arnold: Why wouldn't a variance fall under special privilege and why grant special privilege. Giesler: On this culdesac length? Arnold: On this variance. Giesler: What else would you recommend they do? Arnold: They can comply with the Ordinances. Giesler: I don't know how else that they would design this to handle that culdesac or the streets in that narrow of a section of property. Arnold: If there were fewer units put in there couldn't they comply with the Ordinance as it's written? Giesler: Well the street is basically going to be the same length and that's what the variance is for. Arnold: The Drdinance exists because of the Fire Department, is t hat r i ght ? Giesler: That's one of the concerns is safety, yes. Arnold: Well then if you grant this variance, how will the Fire Department provide safety in the event of a fire? Giesler: I understand your concerns but it's one of these pieces of property that I don't know what else your going to do with it. It's just a narrow strip and there's no other way to get access to it. Kingsford: The only other shot you got is to have an exit into your subdivision or through an existing storage unit. Basically they are landlocked except for that north entrance. As it's currently not developed the Fire Department can't get back there any better to fight weed fires and that sort of thing. Arnold: This would be the first of this type in this area and I don't know why we should use this area to be the ginny-pigs. Giesler: Isn't Weathervane manufactured homes? MERIDIAN CITY COUNCIL MAY 18, 1993 RAGE 13 Kingsford: The front half of it is. Arnold: Well it's been there quite a while hasn't it? fingsford: It's only been there four or five years. Thank you we appreciate your concerns. Anyone else to testify? No response. I will close the public hearing. Counselor, is that different testimony than appeared at Planning and Zoning? Crookston: I think the conflict between the two ordinances, it was addressed in the Findings but there was no solution given at the Planning and Zoning level. That needs to be remedied. I would have to review the Findings again to see if they are basically the same. The Motion was made by Tolsma and seconded by Corrie to have the attorney review and amend the Findings of Fact and Conclusions of Law. Motion Carried: All Yea: ITEM #15: PUBLIC HEARING: ANNEXATION AND ZONING REQUEST BY HIMERICH AND DORADO DEVELOPMENT: Kingsford: At this time I will open the Public Hearing. Is there an owner or representative present to testify? Jeff Huber, 5219 ~ in-audible) Way, Boise, was sworn by the attorney. Huber: I am here tonight representing Dorado Development. We have requested annexation and a rezone for approximately 7.6 acres on N. Meridian Road. As per your Planning Departments request we have included the house parcel where Mrs. Himerich lives in our request now. Our rezone request is for R-4G with a restrictive covenant for 25 units per acre. We found that R-15 was not quite dense enough for us to build a project like this and provide the amenities that we'd like to provide and we found that R-4Qt was to dense but 25 units per acre with a restrictive covenant on the R-4Q1 would work well for us. The site we feel is located close to the downtown which is a good location for multi- family housing. It's close to the shopping and we feel that it would work well both for the City and for our project. Presented drawings and explained to Council - see tape) Our • • MERIDIAN CITY COUNCIL MAY lA, 1993 PAGE 14 ingress and egress will be taken off of James Court and off of Meridian Road, we've been working with the property owner to the north for an access point here - shown on map. We can easily access off into James Court should that became a Collector. We're working with ACHD and the Hunemiller project to the south of us. We've agreed to participate equally in the creation of a Collector Street. I have been speaking with the attorney for James Court, although he has not got a firm answer from his clients yet. I believe we can provide a nice Collector here. After we dedicate the easement that ACHD will need for right of way we'll end up with about 6.4 acres which if our rezone is approved would give us approximately 16~ units maximum. We would phase that in two phases starting next summer. First phase will be approximately 8~1 units and approximately 8® in the near future. We would request that you approve the rezone and the annexation tonight and if you have any questions I'd be happy to answer them. Giesler: You say that you've built this type of project in Boise, could you give me the names of those please? Huber: We're building this particular project at the corner of Ustick and Five Mile Road and it's called West Ridge Apartments. These are going to be high end, upscale apartments with lots of amenities. Giesler: You don't have anything completed in Boise at this time? Huber: No. The Cherry Lane Apartments here we have built. Giesler: Could you tell me what the square footage of these units are going to be and the price range? Huber: I'd like Mr. Angel to address those particular questions. Tolsma: Questioned drawing. that go around this project? These are all ACRD public streets Huber: Correct. Tolsma: How would the people feel about having their garages across the street from the apartment their living in? Huber: There are carports and garages. This is a conceptual plan. texplained - see tape) • MERIDIAN CITY COUNCIL MAY lA, 1993 PAGE 1S • Corrie: The roads on the inside it shows here will not be dedicated ACHD roadways. Huber : hlo. Corrie: So in other words if we have a fire in there, people are parked in there, we can't get the trucks in there, there's nothing we can do about it. Huber: No there will be an access here and two access here. tShawn on drawing) This plan has been approved by the Boise Fire Department and I believe would meet any standard that the Meridian Fire Department would wish there. Corrie: We've run into problems with parking. We can't regulate the parking in there. Concerns about roads not being dedicated. Huber: We would wish to come back to you with our final plan and have that approved by your Fire Department. Crookston: If I remember correctly hlr. Huber, you indicated at the Planning and Zoning Commission meeting that the pool and I think you mentioned one other amenity would be completed in the first phase. Huber: That's correct. Crookston: What total amenities would be included in that first phase? Huber: We'd put all of the amenities in the first phase. Kingsford: Thank you. Anyone else to testify? Bob Angel, 35 Horiaon Drive, Boise, was sworn by the attorney. Angel: I'll be happy to take any questions on specifics if you'd 1 ike. Giesler: Are you involved in the project that he spoke about at Listick and Five Mile? Angel: Yes sir. • MERIDIAN CITY COUWCIL MAY lA, 1993 PAGE 16 • Giesler: I+'ly other questions were the square footage of the apartments and the price range and whether there basically a low income apartment. Angel: They are not a low income apartment. The average unit mix is going to be split as follows: First phase would be 80 units of which the mix would be approximately 5071 - one bedroom units, 407 - two bedroom units and 8 - 3 bedroom units which would represent approximately 1071. The square footage of the one bedroom units are around 700 Sq. feet. Our two bedroom units of which there are two floor plans will average about 925 square feet and our three bedroom apartments will be 1075 square feet. The anticipated rental ranges for the one bedroom units will be in the area of X500.00 per month. The two bedroom units will average around X575.00 to X600.00 with the two floor plans, and the three bedroom units will be at #700.00 per month. Mingsford: Thank you. Anyone else to testify? Doris Harrett, 7920 W. Apache, Boise, was sworn by the attorney. Barrett: (presented each Council member with handout) We just recently purchased the property at 2250 N. Meridian Rd., which is just north of the complex that is being discussed tonight. I have several concerns. First of all when we were in the process of purchasing the property that we currently own, we were told that this was going to be a development of single level, single family dwellings. Riot until probably one to two days before closing did I contact Mr. Forrey and he advised me that it was going to be an apartment complex. I've got several concerns, one is, is that I have spoke with Jeff Huber he does want to purchase a portion of our property to make an existing road down through, you know to access his apartments. We have not come to any conclusion of that and I've not made any decision. I'm not sure I want a roadway running adjacent to our property. I'm concerned that as you look at your drawing, the portion I've highlighted, that there be a proper screen, hopefully a block wall of at least six foot. The thought of putting some speed bumps to slow down the traffic a little bit. Jeff Huber again has advised us that the carports were going to be on the outer surrounding area of that project which I guess is okay. I feel that the density is extremely high. We have a ditch and I'm asking that that be tiled. I do have concerns about the project. I did ask for a conceptual drawing and I have not receive that. Giesler: Where is this ditch located that your concerned about having tiled? • MERIDIAfd CITY COUNCIL IMAY 18, 1993 p'AGE 17 Barrett: It's located right along this property line. Actually it's running along this property line - shown on map. Giesler: It's not on your property, it's on theirs? Barrett : I' m not sure. Kingsford: We do have a requirement in the City that all ditches be tiled, so it is an Ordinance we would deal with. How many acres is your property? Barrett: 3 acres. Kingsford: Thank you. Anyone else to testify? Jeff Huber: I have met with Mrs. Barrett and I have assured her that we would do proper screening around the entire project as well as take some extra care around where her house adjoins the property. Her house is rather large and her garage actually sits closest to our project and I think that there isn't going to be any more noise created from our project than is on Meridian Road. We are mare than willing to the the ditches and work with Mrs. Barrett in any way we can to alleviate any concerns she has. The garages that will be on our project will be solid garages facing the outside and where we have an open parking area there will be a six foot fence between there. Corrie: How far along are you on the West Ridge Apartments? Huber: Their about 40% complete right now. Kingsford: Thank you. Anyone else? Becky Bowcutt: Briggs Engineering, 1111 S. Orchard, Boise, was sworn by the attorney. Bowcutt: I'm here on behalf of the developers to the south. As you know this has been an on-going thing concerning James Court, which is currently private road and future access to the interior of this section. One of your main concerns is that access be provided to that interior because they don't have adequate access except for some linkage up to Blue Heron Lane, which is also private. I have provided a new drawing for Mr. Angel and Mr. Huber. The one that was discussed at a previous Council Meeting • • IMER I D I AN C I T`+~ COUNC I L h1AY 18, 1993 RAGE 18 showed a little curvature to the road to give it a non-continuous Collector type look which ACRD prefers. But after discussing it with them, they were concerned about the width on their parcel and asked us to bear a little additional right of way, so we did revise our plan. We did not loose any units, we just went straight out and are bearing 3~t feet. I talked with Mr. Sale at ACRD this morning he said 6~ feet of right of way will be sufficient to provide a Collector for that interior. Basically I know there are probably some concerns about the density of this project to the north, however one thing that you need to take into consideration is the overall density for that particular vicinity. What you've got there with the James Court Apartments is approximately 58 units, they are on 5.834 acres. Then what we are proposing to the south of this project is 72 units on 5.89 acres and then they have, according to ACHD it's 7. 4. If you take the units that they are proposing, the units that we are proposing to the south, the existing units of James Court, your density is around 16 units to the acre. One reason is, like our particular development is only going to be 12.22 dwelling units per acre because we've had to decrease it due to the necessary right of way for the Collector. When you take a look at that and look at that vicinity, the 25 units per acre density that they are proposing, in reality would not translate into that if you look at the adjacent parcels with the similar type development either proposed or existing. We'd like you to basically consider the application and vote to approve it. We think that this particular area will benefit because that will translate into that Collector being built. Kingsford: Thank you. Anyone else? Craig Rhom, 33~- Cranmer, was sworn by the attorney. Rhom: When does the public get to see the draft? How can we get our hands on it to look at before a bunch of leg work is done and approved so we can voice our opposition to it. Kingsford: It's a concept drawing so far they are not completed so certainly they are not tied to that. As soon as those things have been submitted to us they will be available here at City Hall. Rhom: Is there a certain time after this hearing that it will be available? • MERIDIAN CITY COUNCIL MAY 1B, 1993 RAGE 1~ • Kingsford: It's just an annexation and coning request at this point. As soon as they get ready to do their project there then we'd have those available. Thank you. Anyone else to testify? Greg Bond, 228 Cranmer Drive, was sworn by the attorney. Bond: We do have some concerns being in the other subdivision across the way, about traffic on Meridian Road. We would like to see as little density along that road as possible. Concerns stated about values of homes being decreased and additional traffic. Kingsford: Anyone else? No response. I will close the public hearing. Counselor is there a difference in the testimony? Crookston: There are not but there might be some changes that we need to make on the Conclusions and the requirements that pertain to the garages and the screening. The Motion was made by Tolsma and seconded by Corrie to have the attorney review and prepare Findings of Fact and Conclusions of Law on this request for annexation and zoning. Motion Carried: All Yea: ITEM #6: PUBLIC HEARING: RE@UEST FOR ANNEXATION AND 20NING TO R-8 WITH PRELIMINARY PLAT, PHEASANT POINTE 5UBDIVISION: Kingsford: At this time I'll open the Public Hearing and invite the owner or representative to begin. Jim Merkle, Hubble Engineering, was sworn by the attorney. Merkle: This annexation application and preliminary plat application is proposed for the southwest corner of Locust Grove. Locust Grove on the east and Ustick on the north. To the south of us is the Tract Subdivision. We are contiguous with the City corporate limits along this piece of property which is known as the Borup parcel shown on map). We are proposing R-8 zoning for the entire 44 acres. That is consistent with the existing zoning of the Tract Subdivision to the south and additional subdivisions on the east side of Locust Grove in this area. This proposed subdivision contains 92 single family residential lots on approximately 2a 1/2 acres which gives you a density of MERIDIAN CITY COUNCIL MAY 18, 1993 RAGE 20 • approximately 3.3 lots per acre. Lots range in size from about 67gtQ1 to 7Q10Q1 and also iG,~D@~G and above. Homes are to be the minimum of 130Q~ square foot and approximate value range between 385, OtQ10.1D~1 to X115 - ~1~®, G®0. ®~1. As you notice, out access to the subdivision will be off Ustick and Locust Grove. The main access to this subdivision will be from Ustick Road on the north, Locust Grove on the East. Eventually we'll also connect to the west whenever that gets developed in the future. All the streets within this proposed subdivision will be built in accordance with ACRD standards. tExplanation given on utilities available - see tape) There is an existing ditch that comes from the east, crosses under Locust Grove and comes down and irrigates the Borup property and the west of that. We will be tiling that ditch and the flow will not be hindered. Also the Onweiler Lateral is right along our south border here, we are proposing to t he that ditch also. Regarding the City Engineer's comments I'd like to address a couple of those. His item #1 regarding a discrepancy in the legal description for the annexation - the legal description that we used comes from the deed. There was a couple things on the assessors map that are incorrect. The legals we used in the application are the correct legals for the Borup piece of property. There's also a rectangular piece of property that he addresses, which is down in here tshown on map), it has come to our attention that this is under the ownership of the developer for Hunter Point Subdivision. We could not annex that along with us. We concur with Engineer's items 2-6, 8-13, 15 and 16. Item #7 which he says all of the lots in Block 4 must contain at least 65G(d square feet exclusive of the irrigation ditch. That is true, however the Ordinance also states unless - well as you can see there's a 35' easement on the north side of the Onweiler Lateral that kind of cuts into some of these lots here. However, the Ordinance also states at least 65~0~I square feet unless the water is conveyed through a pipe or the and included as part of the utility easements that generally run along the lot lines and as I spoke earlier that's what we will be doing is piping that ditch and obtaining an encroachment agreement on the south side. Item #14, it talks about a temporary turn around for these two streets, we'll either provide that or we'll provide a temporary emergency access between these two lots. I'd request that you consider and approve this application for annexation with R-8 zoning and the preliminary plat. Any questions I'd be happy to answer them for you. 14ingsford: Thank you. Anyone else to testify? No response. I will close the Public Hearing. • MERIDIAN CITY COUNCIL MAY LA, 1993 PAGE 21 • Corrie: Again we haven't any Findings of Facts and Conclusions. From the Planning and Zoning is there anything we should know? Crookston: Well the Findings have been prepared. Kingsford: We just haven't received them. It would be my recommendation that this be tabled until you review those. The Motion was made by Corrie and seconded by Yerrington to table this item until the next meeting to review Findings of Fact and Conclusions of Law. Motion Carried: All Yea: ITEM #7: PUBLIC HEARING: ANNEXATION AND ZONING PLUS PRELIMINARY PLAT BY CHERRY LANE DEVELOPMENT: R-4 ZONING, PORTION OF CHERRY LANE DEVELOPMENT: Kingsford: At this time I'll open this Public Hearing and invite the owner or a representative to speak. Gary Lee, JUB Engineers, X50 So. Beechwood, Boise, was sworn by the attorney. Lee: There's been a little bit of confusion about this application and I'd like to pass out a map that I've colored some things on to kind of clarify these issues on the annexation and preliminary plat. Passed out to Council Members) The application was submitted and identified as Cherry Lane Village No. 4 preliminary plat, that's probably where the confusion has began. As your all aware this project began in the 1970's through a project plan that called for this development to be included, however the development ceased in the late 70's early 80's and the future phases weren't developed. We developed Phase 3 just recently in 1990. This portion being Phase 4 is being undertaken now. On that drawing you'll see the annexation request if for a small triangle right off of Ten Mile Road. This includes properties currently owned by Mr. and Mrs. Hal Hatch and also properties owned 6y the Cherry Lane Development Company. In 1978 when the first Ordinance was prepared for the Cherry Lane project that particular triangular shape was all Hal Hatch property and it wasn't included in the annexation. Since that time, some properties have exchanged hands through Cherry Lane MERIDIAN CITY COUNCIL MAY lA, 1993 PAGE 22 • Development and the Hatch's. It's ended up being a combination of ownerships. After discussing the issue with the City about how to handle the annexation we elected to go ahead and revise that Ordinance and request annexation for that triangle and get the entire parcel within the City limits. Kingsford: Your talking about Hal's house being included in this annexation? Lee: That's correct. This will clean up this area along Ten Mile and it will all be in the City limits. The annexation portion of this is about nine tenths of an acre of the whole project, again a portion of it being the Hatch property. The request if for R-4 for this particular piece of annexation. The preliminary plat will consist of 9® single family residential lots on the total parcel and included in that development are some lands owned by the City which are identified in here as golf course properties. Lots 26 of Block 11 and Lot 39 of Block 13 and that's currently under City ownership. The overall density results in about 3.3 lots per acre. Kingsford: When you put those golf course lots into this plat and give them different block numbers, we've gone through some effort to consolidate all those so we don't have the administrative assessment from irrigation district. Is this going to throw those back into separate parcels again and we have to go through that same process? Lee: You may have to but I believe this particular property was circumvented by the roadway, which is called N. Oak Hills on this preliminary plat. Kingsford: I think we got all of those put together in one parcel - all of the golf course. Lee: Explained water and sewer availability for this project. All street will be public ACHD standard streets with 5' sidewalks. There's a drain that currently traverses this property called the Rutledge Lateral. That particular ditch will be tiled from one side of the development to the other. There's also a small irrigation feeder ditch that goes along Ten Mile from the Hatch property to the north boundary of Cherry Lane Village No. 4 that will be tiled also. I'd be glad to answer any questions you may have. Yerrington: How about tiling the ditch across the golf course? • MERIDIAN CITY COUNCIL MAY 18, 1993 RAGE ~3 • Lee: That's included in the plans at this time. Tolsma: I see also on here that he's got his property as R-8. Lee: The Harney property - yes I noticed that too that they had an R-8 designation. Kingsford: Thank you. Anyone else? No response. I will close the public hearing. Giesler: Have the Findings been prepared? Kingsford: Been prepared but I don't think you've had access to them yet either. Giesler: So the Findings are ready, we just haven't received them yet. The Motion was made by Giesler and seconded by Corrie to table this item aantil the next meeting to review Findings. Motion Carried: All Yea: ITEM #8: PUBLIC HEARING: REZONE RE@UEST FOR JIM BANDUCCI AND HEDELCO FROM R-4 TO R-8 TO ALLOW DUPLEX UNITS: Kingsford: I will open the public hearing at this time and invite the owner or representative to come forward. Jim Banducci, 945 Pimlico Dr., Eagle, was sworn by the attorney. Banducci: I want to rezone the property - the north piece of property on the corner of Meridian Road and Willowbrook. I asked to zone it for three parcels for duplexes. The concern seemed to be that an increase in traffic would occur. There was concern about this affecting property values in the area. The size of the duplexes seemed to be a concern because of the size being to small. They were planned for 900 square feet per unit. But as I said there I deliberately kept them small and two bedrooms because people did seem concerned about it. I did this for the neighbors concerns and my own. Then like I say again from the Sounds of what they want to put in across the street, it's Looking to me like it's a pretty good buffer to have the proposal here was a single family house next to Meridian Manor Subdivisior~ then two duplexes out to Meridian Road which seems like a good idea to me. I'd be happy to answer any questions you have. • MERIDIAN CITY COUNCIL MAY LG, 1993 PAGE ~4 • Kingsford: Thank you. Anyone else to testify? Linda Winterfeld, 133 Crammer Drive, was sworn by the attorney. Winterfeld: The first thing I want to address that I received a certified last month, Notice of a Hearing for the City Council for Lot 4~, 30, 1 and ~8 to be reaoned from R-4 to R-15, which isn't on your agenda. Giesler: That does look like a possibility, some other letters and also the comments from ACHD also has R-4 to R-15. Forrey: There is a notice, from Jack Niemann, in the file that is from R-4 to R-8. Kingsford: What is the remedy Counselor? Crookston: I think that since they requested - is to reaone from R-4 to R-8 as I understand the application. To R-15 is more dense but if we're dealing only with an R-8 we're not going any further, actually we're less than what the notice provides so I think we can proceed. Kingsford: And stipulate that it is R-8 not R-15. We're just dealing with that parcel of land that's on the north side, the last three lots on Willowbrook. Winterfeld: On lot 3~ I would just like to let you know that I am~opposed to duplexes. Crookston: The Findings from Planning and Zoning indicate an allowance of reaoning the two lots that would be on the eastern mast portion of the land as opposed to the one lot that would be on the west portion of the land. Planning and Zoning recommended that the ones on the east side be reaoned to R-8, the one on the west be reaoned to R-8 but no duplexes. Does that cause a problem? Discussion - see tape. Kingsford: Thank you. Anyone else to testify? s MERIDIAN CITY COUNCIL MAY 18, 1993 RAGE 25 C3 Randy Conner, 145 Crammer Drive, was sworn by the attorney. Conner: I also received the wrong certified letter stating it was from R-4 to R-15 but I was aware that there was one from R-4 to R-8 so we circulated some petitions which I have here tonight to submit which have 65 signatures in opposition to the reaooe from R-4 to R-8. Submitted for the record. Mr. Banducci said he saw no reason why people would drive up and down through Meridian Manor Subdivision. That's not the concern of ours, our concern is that Willowbrook where it goes onto Meridian Rd., is your only main thoroughfare right there at the end of that subdivision. We feel that there would be far to much congestion there. Concerns stated about property values being affected. Kingsford: Thank you. Anyone else? Craig Rhom, 33Qt Crammer, was sworn by the attorney Rhom: A lot of the negative feelings towards this project is from when we purchased our property we were told that that would remain as single family dwellings, owner occupied. I am opposed to this request. tFurther concerns stated) Kingsford: Thank you. Anyone else to testify? Greg Bond, 2~B Crammer, was sworn by the attorney. Bond: I would like property values of ahead with duplexes across the street density type lots. area be single dwel to reiterate wha the homes is my on those lots, from that won't I'd like to see ling units. t the others have said. The major concern. If we do go whats to say that the lots also be turned into high that all the houses in this Kingsford: Thank you. Anyone else to testify? Frank Mason, 4~tG Crammer, was sworn by the attorney. Mason: I am also opposed to this. Also stated concerns about property values and additional traffic. Kingsford: Thank you. Anyone else to testify? No response. I will close the public hearing. • MERIDIAN CITY COUNCIL MAY lA, 1993 RAGE 26 s Kingsford: Counselor your interpretation of this testimony verses what was at the Planning and Zoning. Crookston: I don't believe that the testimony has significantly changed. Kingsford: What's your feeling again with the regard to the notice? Crookston: I think the notice is fine because we're acting on a lesser request. Kingsford: What about the lots published issue? The lots that were published are not the ones we're considering in all cases. Crookston: Are the lots that we're dealing with, were they published? Kingsford: Certainly their numbers have got to be off, because we're dealing with three lots in this hearing that are adjoining each other and here we're talking about completely different lots. Crookston: If the lots that we are dealing with on the application were included in the notice then we're fine. It seems to me that we need to take a closer look at it and it would be my recommendation to table it. Discussion between Kingsford and i3anducci - see tape. The Motion was made by Yerrington and seconded by Tolsma to table this item until the next meeting pursuant to resolving the questions on the notice and also to review the Findings. Motion Carried: All Yea: ITEM #9: FIPIAL PLAT: CHERRY LANE VILLAGE SUBDIVISION #4, 2c LOTS BY WHITE, MARSHAL, R. P. PROPERTIES Kingsford: We did table the earlier issue, I think it would probably be appropriate to keep this with the other. The Motion was made by Corrie and seconded by Tolsma to table this item until the next meeting. Motion Carried: All Yea: • MERIDIAN CITY COUNCIL MAY lA, 1993 PAGE 27 ITEM #10: FINAL PLAT: DEVELOPMENT, INC.: • HAVEN COVE #2 SUBDIVISION, BY S. I . Kingsford: Any questions for the developer? Corrie: Have you read the City Engineer's with them? Leon Blaaer: Yes we have and we have The Motion was made by Yerrington approve the Final Plat for Haven Cove Motion Carried: All Yea: ITEM #li: REQUEST FOR CONSIDERATION OUT OF WATERBURY PARK SUBDIVISION TO SIMUNICH: comments and concur no problems. and seconded by Tolsma to #2 Subdivision: OF AN ACCESS STREET STUBBED THE WEST, BY MR. AND MRS. .Toe Simunich: I have a letter signed by several of my neighbors requesting the City Council to recommend to the Ada County Highway District that a stub road be extended from Waterbury Park to the Venable property in order for this property to be developed without being landlocked. Presented sketch if property that is north of the Five Mile Creek. You've got two natural barriers there, the Five Mile Creek and the Creason Lateral, which divide and establish a corridor here which is about a quarter of a mile wide and a mile long. At the present time there are two streets stubbed into the Simunich property from Meridian Park Subdivision. There are already 100 houses in that subdivision so we cannot exit into that area. Waterbury Park is developing approximately 40 acres and there's no street stub to the Venable property. That leaves approximately 45 to 50 acres in the center of this area with no access. All these properties have City services but we can't access them. Somewhere along the line probably somebody didn't take a look at the entire properties. I'd like to answer any questions if you have any. We would like far you to endorse this request to the Ada County Highway District to have the developers of Waterbury Park stub a road from their street here to the west to the Venable property. That will also give access to the people living in Waterbury Park, a better access to the Tully Park which is being constructed by the City. Kingsford: I understand that you had a meeting with Mr. Yorgason and he did offer to do that. What was the circumstances? ~J MERIDIAN C I TY COUINC I L MAY 1B, 1993 PAGE 29 • Simunich: I've had no meeting with Mr. Yorgason in regards to the road. I told him that we were going to pursue an access from his property to the Venable property. Forrey: The City did invite Mr. Yorgason in and make a specific request to him to extend a stub street to the west to serve the properties that your talking about. We did let your wife know, we were in another meeting and she indicated that she couldn't wait for the Secretary and when we did get to the point where we could discuss this particular project, did go out in the foyer and Mrs. Simunich had left. So I did make a phone call and relay that information on your answering machine. But then we also followed up and asked Mr. Yorgason to contact you and he had indicated subsequent to that that he had discussed this with property owners. I don't know if it was in the form of a real estate purchase or contract negotiations or access but he did indicate he'd follow up and discuss access to these properties. Simunich: Mr. Yorgason is interested in the Simunich and Venable properties. He will provide an access if he can purchase the properties but that limits us to only one person that would be interested in purchasing these properties. In other words we've been landlocked. We've got City services but we have no access. Kingsford: Mr. Sale, could you shed some light on the Highway District's position on this issue? Larry Sale, ACRD: This project was approved prior to my employment with the District so I'm going to have to ask you for some explanation. Apparently it was approved under the name of Danbury Park and this I think is a preliminary plat of this subdivision. What's the status of approval for the final plat? I've got copies of one final plat for the eastern half of the project in my file indicating that that's probably a matter of record. What's the status of the western part of the project. Kingsford: I believe it's had preliminary plat approval. Forrey: We're waiting for the final plat on the western portion of the project. MERIDIAN CITY COUNCIL MAY 18, 1993 F~AGE 29 • Sale: In our file on the preliminary plat of Danbury Park Subdivision, by Mr. Yorgason indicates that we required a stub street to the west and an additional stub street to the north and a street connection at N. Galway Avenue to Meridian Manor #17 which is on the south. If I understand those conditions then, we have required a stub street out here somewhere and we've required an additional stub street to the north and then one to the south coming out Galway Avenue coming out Meridian Manor No. 7. Mr. Simunich met with me the other day and my ignorance of the preliminary approval, I guess I owe him an apology because I didn't take the time to go get the file then to look up these Findings. It appears from the record that we did approve it. Now I guess we need to follow up on it and determine if in fact the final plat of No. 2 meets these requirements. I don't find any subsequent correspondence in my file to indicate that those conditions were changed. Presented a letter that went to the developer indicating the action that was taken. The items under the site specific requirements would be the place to look. Kingsford: Thank you. I believe that the final plat has not been approved yet. Simunich: I was in that subdivision over the weekend and that loop road is being constructed and there's apparently no access being put to the west, at least physically. Kingsford: I guess we'd ask Mr. Sale to follow up with the developer and pursue those requirements that were placed on them. Sale: I will have my staff check those street plans tomorrow and determine if those streets are included. Eng. Smith: The only thing I've seen are the development plans for No. 2 and they do not show a stub street. Kingsford: Thank you. Erlan Venable: Basically the same concerns as Mr. Simunich. Discussion between Mr. Venable and Mayor Kingsford: Kingsford: Thank you. MERIDIAN CITY COUNCIL MAY 18, 1993 PAGE 30 ITEM #12: STATUS OF ORDINANCE COMPLIANCE FOR BEST WESTERN CONCRETE PRODUCTS, DRAFT COMPLIANCE LETTER BY PLANNING DIRECTOR: Crookston: I have a conflict with one of the property owners and request to step down at this time. Wayne Forrey: At the last Council Meeting we had a short presentation, the owners of Best Western Concrete were here and we all agreed that we would proceed to find a solution and identify some specific compliance issues that would allow the City to ultimately issue a zoning compliance certificate and an occupancy permit. We met on May 10th at 10:00, I think there was about nine of us in attendance. The owners of the business, the City Attorney, myself and I think five - possibly six property owners around the area. I had a work sheet which identified - based on my review of the application, the file and the Ordinances listing all the areas that needed to be complied with. We went through each of those items and discussed them. We're now talking about a berm and trees upon the berm and some low maintenance items that the Lohr's have agreed to. At that meeting we all felt that it would be important for me to prepare the letter then get it back to the City Council to allow you to review that and then after this Council meeting proceed to submit this letter. In this letter that you have I specifically identified the Ordinance Sections that need immediate compliance. I've also indicated that it should be done, either start of construction or where we've asked for submittal of site plans that that be done within thirty days. At this time, I would be happy to answer any questions. I would like to point out that today another nearby property owner had a meeting with me at City Hall. One of the items that we discussed was a six foot high minimum berm with a weed barrier over the top of the soil and on top of that cobble rock and then trees planted every five feet. This property owner felt that the south side or the side facing Overland Road, which fs what you would see from those residences on Overland, should be turf and that would give a green appearance rather than that cobble rock. Then on the north side, the industrial side of that berm, because that would be screened it could still be cobble rock, it would not have to be turf. I had written this letter before that discussion took place this morning. I did contact the Lohr's this morning and asked them if they had considered an option of a turf on one side of this berm rather than cobble rock on both sides. Mr. Mark Lohr indicated that their first choice is a low maintenance berm but they will do whatever the City Council requires to get this behind them. This is something that we could add to this letter. • MERIDIAN CITY COUNCIL MAY 18, 1993 PAGE 31 Cowie: There's a couple of Ordinances I would like to have us pursue that might help a little bit. One is an Ordinance on operation time. I was under the influence that they were going to operate sun-up to sun down or whatever they wanted to do. So I would like to see that pursued. Also an acceptable noise level. Those things are two Ordinances that we need to look at if we don't have them on the books. Kingsford: I think we'd have some problem in terms of the ex- port facto issue on something that already exists. I think that the State has a level with regard to decibel's that we could deal with the noise level. Cowie: I guess my question would be to the Counselor. Is there no way that we can enforce an Ordinance on anybody that's already there on a time frame? Riddlemoser: Is it going to reach a point where it would constitute a nuisance. You've got a nuisance ordinance. Kingsford: I think what P1r. Cowie is asking you to do is to include that in this compliance letter. Forney: So you'd like me to amend the letter than and continue to work with the City Council. Kingsford: I think it would be appropriate to approve the letter subject to making those inclusions so we don't put this off, it needs to go out as soon as those changes are made. Giesler: I was concerned about Linder Road, that's on the west side of this property. Wasn't there some concern in the meeting as t o what - Kingsford: Whether you access there and if you access does it need to be improved. Giesler: I think we're going to ask the Highway District what their going to require. Kingsford: Larry, would you be aware of what the Highway District's position is on South Linder Road at this point, between the freeway and Overland. • MER I D I Ah! C I TY COUf~lC I L fNAY lA, 1993 RAGE 32 • Larry Sale: I've had two conversations with the owner of this business. I wasn't aware it was coming up tonight. He and his counsel formally requesting approval of two access points. One on Overland Road and one on Linder Road. We're processing those as we do any other application and we'll make our staff Findings either this Friday or next Friday. He will be allowed access probably an access to each road subject to our standards of separation from the intersection which are relatively easy to meet on this piece of property. Kingsford: At the last meeting didn't he address dedication of the property on Linder Road? Sale: He has indicated in this request that he is contacting or trying to coordinate with the property owner on the west side of Linder Road and if those discussions are successful then they will jointly petition the Highway District for the vacation of Linder Road and that will be another application which will undergo public hearing. Kingsford: If you do grant them access onto Linder Road you'll require that they improve it up to Highway District Standard, wouldn't you? Sale: I've got to plead ignorance to the condition of the roadway there. Tolsma: Basically it hasn't been maintained since the freeway was put in. Sale: Right. Typically we require the applicant to improve the road to which he's taking access to a paved condition for at least half a street, his half the street. Usually his half the street plus 1~ feet across center line. We'll measure, at his request against those standards and see what we think is appropriate. Kingsford: I don't have a copy of your draft Wayne, did that include then meeting ACHD Standards for ingress/egress? Forrey: Yes <Read section in letter so stating - see tape). Kingsford: Let's get that draft completed to a final product as quick as you can and get that out. MERIDIAN CITY COUNCIL MAY 18, 1993 PAGE 33 A Denny Johnson: I live at 1335 W. Overland. I would ask you to consider when your granting an easement on Overland Road there what impact it will have on the site obscuring, screening affect that Mr. Forrey is trying to accomplish there. Because of a road coming into Overland, I believe that if there is a berm required there that the set backs for that would have to be such that the screening affect would be greatly minimized. I believe he is wanting to come onto Overland Road almost straight across from all of those residences there. So any type of screening that would be required there would have no affect on their situation. Kingsford: Mr. Sale, would you take note of that and certainly other things pursuant to the ingress/egress. ITEM #13: DEPARTMENT REPORTS: Engineer Smith: On May 14th at 3:g+~ P. M., we opened bids for construction of a maintenance shop building at the Wastewater Treatment Plant site. We had three bidders submit bids. We had a low bid submitted by Dave Allen Construction in the amount of ~92,~1®0.Q1~. Roundtree Construction submitted a bid for °~97,263.0t?f and Hermensolo Construction submitted a bid of '31@ti, 434. G0. I would 1 ike to have your approval to award the contract to Dave Allen Construction. We are in the process of doing a little negotiating with him to see if we can lower this bid amount a degree because there was some excess capacity built into the electrical supply portion of this bid to this building for future expansion of our facilities out there. The reason for that is because in 1994 we're being required to get out of the chlorination business at the Wastewater Plant and the recommended method of disinfection has been ultra-violet and this would require an additional electrical load so we were trying to plan ahead a little bit to provide electrical facility for this upgrade on the disinfection. tFurther explanation given - see tape) The Motion was made by Giesler and seconded by Yerrington to approve of the low bidder, Dave Allen Construction to be a maximum of 'b9~, Q~~rD. rDG and authorise the Mayor and City Clerk to sign those documents. Motion Carried: AlI Yea: Crookston: Requested an Executive Session to discuss possible pending litigation. • MERIDIAN CITY COUNCIL MAY 18, 1993 PAGE 34 ITEM #13A - 1: UPDATE ON CHERRY LANE IMPROVEMENTS - LARRY SALE, ACHD: Larry Sale: Passed out a monthly impact fee status. I have highlighted there the balance of funds in your benefit zone and the fact that we have X389,500.00 in your benefit zone specifically on East First, Waltman and Meridian Road and on Cherry Lane. In addition to that amount there will be other minor amounts expended in what we call off sets or reimbursements to developers who provide improvements along selected arterials and Collectors. We have selected the basic street section and an alignment for the street. As you know from the public information meetings we were struggling with trying to maintain as much existing concrete along Cherry Lane from Linder to Blackcat as we could. We think we've done that. We've managed to salvage about 3,000 lineal feet of curb, gutter and sidewalk that have already been installed. The street section from Linder to Ten Mile will be 62' wide from curb to curb with a basic 80' right of way. From Ten Mile to Blackcat it will be 70' wide from curb to curb and a basic right of way width of 90'. The reason for difference in street width is that we're providing for bike lanes from Ten Mile to Blackcat. We've designed an alignment that weaves through the existing improvements that have been installed along various subdivisions from Linder Road to Blackcat so that when completed the road as you drive down it will have minor curves in it. I'd like to compliment the developers along the way who in most part cooperated with us by deferring some improvements that they wanted to install until we did make a selected alignment. The project is being designed into phases and we hope to have the plans sufficiently complete by mid-summer to start buying right of way on the stretch from Linder to Ten Mile. Then have the plans complete for the Ten Mile to Blackcat section by Fall so that we can begin acquisition of right of way this winter for that stretch. If done in two phases and if we can get all the land acquired this fall we'll then begin relocation of utilities and irrigation facilities next winter. Then construction of Linder to Ten Mile next spring with a hope for completion of that phase by the end of construction season 94. We would then have the right of way acquired For the stretch from Ten Mile to Blackcat, would relocate utilities and irrigation in the winter of 94-95 with a hopeful completion of fall of 95. tFurther explanation given if done in one phase instead of two - see tape) • MERIDIAN CITY COUNCIL MAY 18, 1993 RAGE 35 :7 Corrie: On the design between Ten Mile and Blackcat there is two ditches, the Settlers and the Nampa Irrigation, are you designing that so both will be tiled? Sale: Final decision hasn't been made. Our assumption is that it wi 11. Kingsford: Thank you. Would like to encourage you all to attend the public information meeting next Wednesday at 7:00 at the Middle School. Corrie: Has anything come back on the Lou Grimes property on Pine Street - the Fire Department is concerned with the fire hazard there. Crookston: The last communication I had was with an agent of the property owner who said that they had received the demand and she couldn't tell me w at the status was because she didn't have any particular involvement in it. It was her apparent job to follow up on it and I've not received any communication from her. I think at this point I think the City can basically do what it wants to do. The only problem is is the environmental concerns. Kingsford: On that note I've noticed that there are all kinds of properties now that have weed problems. Corrie: I've talked with the Counselor about the possibility of changing our Ordinance similar to Nampa's where it's not based upon the Fire Department of being a fire hazard. We may be able to change that, rather than leaving it up to the Fire Department saying if it's not a fire hazard you can't do anything about it. We are looking at that. We need to address with Wayne the parking lot out here. It was brought up at the Fire Commissioners meeting that half that lot belongs to the Rural as well not just the City so they would like to have a little bit of input on who goes and parks. They were concerned that the Fire Department people, in the event of a fire, have no place to park when they come in here for the coverage. Kingsford: One of the things you need to remind the Rural Commissioners is that the Fire Department, both Rural and City all park in the City's parking lot here to the west of this building. • • MERIDIAN CITY COUNCIL MAY 16, 1993 PAGE 36 Kingsford: We all need to get going with our various departments on budget. ITEM #13: DEPARTMENT REPORTS: B: DEVELOPMENT ISSUES BY PLANNING DIRECTOR i. UPDATE ON COMPUTERIZED MAPPING Forrey: I followed up, put out a request for information in the Valley News asking for firms that have that capability or interest to provide information to the City. I'm really pleased to tell you we're getting some good interest on that. tExplained further - see tape) 2. UPDATE ON CITY HALL TELEPHONE SYSTEM: Forrey: I would personally really appreciate - you know there's six of you here and you all have experience with telephone systems. A lot of complaints I get from the public and from the staff acute of late that the phone needs some attention. A representative from ATBT was here today and she indicated that the program on the telephone was done about five or six years ago and we've just continued to grow and grow and grow and it's not serving our needs. She delivered a survey today back to the employees asking questions on problems on the phone and we're filling that out and going to get it back. They are going to come back and see what possible expansion can be done. The timing might be good because the police department is going to be moving and she indicates that that telephone system might be very good for a smaller department like the police. tFurther - see tape) 3. STATUS OF CMAQ GRANT APPLICATION: Forrey: We did work closely with APA and Idaho Department of Transportation and we submitted two grant applications. One was for the Five Mile Creek bike path from Linder Road to Meridian Road at ~ 155, f11Gg-. 00 grant and I've got f o 11 ow up work t o do on that with Department of Transportation tomorrow. The other grant application is longer term, it's an enhancement project with the Department of Transportation District #3 and it's a pedestrian, bicycle structure on the Meridian interchange to allow a connection over the interstate for the community. • MERIDIAN CITY COUNCIL MAY 1®, 1993 PAGE 37 4. STATUS OF DOWNTOWN PARKING - JUNE 8 COMMITTEE MEETING: Forrey: Parking in the whole downtown appears to be in short supply. I don't know the reasons for that. I'd like to do a little more work in the area of parking but haven't had the time. There has been a meeting scheduled for June 8th with the Downtown Committee. There are some folks that want the City to get more actively involved in parking. We are desperately trying to get the parcel behind City Hall. tGave update on additional property for property - see tape) 5. STATUS OF ECONOMIC DEVELOPMENT GRANT APPLICATION: Forrey: We have submitted Grant. Explained organizat and bringing additional job requested to open the door are waiting for a response this time. a request for an Economic Development ions interested in coming to Meridian into the community. The application and give the City until June 1st. We from the Department of Commerce at 6. STATUS OF PHASE II DOWNTOWN - EXTRA BULBS: Forrey: Hubble Engineers have completed the design on the intersections at the new police station and the Masonic Lodge. I'm trying to get that contract completed with Commerce to get that in the construction. I've been acting on the premise that the Council wanted to at least get that intersection with Elite Cleaners, Electronics, the Police Station and the Masons all the same then spread south along E. 2nd Street until we run out of money. Any input on that I would appreciate. I think we've got enough to do it if we can get this amended contract approved through commerce. 7. STATUS OF CURRENT DEVELOPMENT REQUESTS AND CONSIDERATION OF ADMINISTRATIVE PROCESSING FURLOUGH TO CDMPLETE DRAFT COMPREHENSIVE PLAN: Forrey: Perhaps you saw in your packets today a note indicating 977 new lots that were submitted last Friday. This is a lot of projects, a lot of land, and a lot of different implications. I think tonight you all - I demonstrated that I'm not a very good City Clerk but I'd like the opportunity to demonstrate that I can be a pretty good City Planner. We have a Comprehensive Plan that's out of date. It doesn't give you or me or Gary much direction. Certainly I think we need some planning analysis MER I D I Ald C I TY COUIUC I L MAY i®, 1993 p'AGE 38 before each month is approved or disapproved in this Community. Fire Stations, park sites, well locations, implications to the Waste Treatment Plant, highway district access, as a consultant before I became a city staff I think I am about 65-7071 complete in developing an updated Comprehensive Plan that I could deliver to you. I had thought that when I got here that I could manage a little bit of this and a little bit of that and get that Comp. Plan going. I haven't touched it since I've been a full time City employee. I'd like to request of you just to consider some type of administrative furlough. I'd like to get a draft Comprehensive Plan on each of your desks and look at these policy issues of access, of R-8 verses R-4, future public facilities, the policies that direct access in the community and all the development issues that we're facing. I feel guilty - that I should be doing a better job in that area but I haven't had the time. Further explanation - see tape) One last thing, I do think we have a better chance now at a planning grant. New statistics just came out today, it might surprise you to know the medium family income in Ada County is t41,300.00. In Meridian, a three person household in Meridian, if that family makes 39,750.®®, they are considered low to moderate income. A four person family is 333,050.0®, now that's pretty high. That tells us that the income level in Ada County, someone is making a lot of money. Explained further information - see tape) Kingsford: Council members, any feed back on those issues? Tolsma: Well I can see that he has a tremendous problem and I feel bad for Wayne in a transition period and we have the highest peak of growth we've had in the City of Meridian. I really think the way things went tonight we're going to have to slow down or we're going to have to go into a cruise load instead of running flat out like we've been doing because I think we're going to make some mistakes if we haven't already. If we make these errors today somebody down the line is going to have to make up for them and it's always going to be noted that we are the ones that made them. It might be a good call to have a short reprieve. Kingsford: I think the terminology the State requires is what Counselor? Crookston: Moratorium. Yerrington: How much we need - 30 days, 60 days? MERIDIAN CITY COUNCIL MAY 1B, 1993 PAGE 39 • Kingsford: Well just to get caught back up on what we didn't do to process these, it's going to take a certain amount of time. e need to make sure that the minutes arrive a whole lot earlier for the next meeting than they did for this one. Getting all that done there's still going to be day to day answering the phone questions, the developers coming in and so on. Even if we were to declare a moratorium for 30 days I'm not sure what that's going to - it'll give us some. Perhaps you and I could discuss the involvement of someone else with you on that Comp. Plan.. I agree with you we need to get that accomplished. Certainly Gary and his staff and Bruce need to take a look at assessing where we' re at t o date. Corrie: I agree. I also think we need some help if nothing more than putting reports out. If that requires hiring another Secretary or - I understand you have some temporary help now but maybe we need to hire a Secretary for Council that does nothing but Council papers and that type of thing. I asked you once before how you were doing wearing the two hats and it's just not working out because of time elements and we need to address this. I agree we need this. Kingsford: We might ask legal Counsel's recommendation. But the longer you put off doing it, the more applications that your dealing with. Tolsma: If it were to go into effect, it just entails what's in the process right now, not what has been taken in this last week. Anything that P8Z has seen or what we've scheduled to hear, that would be all. Kingsford: It would be a moratorium on new applications. Would it be to include those that we took in as of last week? Crookston: I think there's really no limitation on what you can include in the moratorium. If the factual situation supports your conclusions, you know we took in almost 10QIG lots on April 16th. We took in almost iGG® lots last Friday. Not being a planner but just as a citiaen we're getting way out of line on our parks. We have one park that is on line to develop and it's in a definite growth area but we don't have anything in the eastern part and we don't have anything in the southern part. I think that there's concerns over water, not necessarily to have water but the facilities to convey it. If we have enough facts • MERIDIAN CITY COUNCIL MAY 18, 1993 PAGE 4~ to support, the health and general welfare and safety idea, you know fire stations things of those nature. If we have enough facts to support cutting it off, we can about cut it off anywhere I believe. Say we're just dead in the water. What the law indicates is that we may adopt a moratorium, by Ordinance, after a hearing upon the Notice that you deem sufficient. 5o I think that if your going to do it then we need to pick a date when your going to have a hearing. I think in order for Notice to be effective it's got to give sometime for input, whether it be three days, five days, a week, I don't think you need more than a week certainly, but I think you have a fair a®ount of latitude if you believe that the facts are there to support the moratorium itself. Kingsford: Your saying the earliest reasonable time we might publish this in tomorrow's newspaper and have a Special Meeting a week from tonight. Crookston: Yes if you can get it in the paper. Forrey: I have eleven legal notices on my desk that they are holding open by 9:~t~1 tomorrow. Crookston: You cannot stop those applications that have applied now without the moratorium in affect, so those still need to be published. Forrey: Right. tFurther discussion - see tape) Kingsford: You guys work on that and get it Noticed as soon as possible. Crookston: Are you giving Wayne Forrey authority to set a meeting time. If you are then you need to do it by motion. The Motion was made by Giesler and seconded by Yerrington to authorize the City Clerk to proceed with notification on a special meeting for a moratorium. Motion Carried: All Yea: C. EXECUTIVE SESSION BY CITY ATTORNEY TO REVIEW FRANCES WRIGHT SITUATION: ~~ MERIDIAN CITY COUNCIL MAY lA, 1993 RAGE 41 The Motion was made by Tolsma and seconded by Yerrington to go into Executive Session to discuss pending litigation. Motion Carried: All Yea: Kingsford: Meeting called back to order. In Executive Session the Council discussed pending litigation with regard to an accident in Meridian. No final resolution was made. The Motion was made by Corrie and seconded by Giesler to adjourn. Motion Carried: All Yea: tTAPE ON FILE OF THESE PROCEEDINGS) APPROVED: t RAN ~ P. K I NGSF RD, R ATTEST: WAYNE F RREY, CITY CLER clt -~