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HomeMy WebLinkAboutJune 24, 2003 City CouncilMeridian City Counal Meeting June 24, 2003 Page 25 of 52 particular requested changes, other than to the -- number one, about working with the Parks Department requested by the applicant, so we would ask to include that as well. And for counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Okay. Motion been made and seconded to approve the Final Plat of Verona Subdivision No. 1 with all staff comments and inclusions in the motion, any further comments? Hearing none, roll call vote, Mr. Beg. Roll call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes present. Motion passes. MOTION CARRIED: THREE AYES, ONE ABSENT Item 11. Continued Public Hearing from June 10, 2003: AZ 03-002 Request for annexation and zoning of 19.79 acres from RUT to C-G zones for Callister Development by Dave Callister -southwest corner of West Overland Road and South Stoddard Road: Item 12. Continued Public Hearing from June 10, 2003: CUP 03-001 Request for a Conditional Use Permit for a contractor's yard for an excavation company and mini-storage facilities on 5.91 acres for Callister Development by Dave Callister -southwest corner of West Overland Road and South Stoddard Road: Item 13. Continued Public Hearing from June 10, 2003: CPA 03-001 Request for a Comprehensive Plan Amendment to change approximately 12.25 acres of the site from mixed-use-neighborhood to commercial for Callister Development by Dave Callister -southwest comer of West Overland Road and South Stoddard Road: Corrie: Item Numbers 11, 12, and 13, with no objections, I will continue the Public Hearing. Item Number 11 is a request for annexation and zoning of 19.79 acres from RUT to a C-G zone for Callister Development by Dave Callister. Also Number 12 is the request for a Conditional Use Permit for a contractor's yard for an excavation company and multi-storage facilities on 5.91 acres for Callister Development, and also the Continued Public Hearing requesting for a Comprehensive Plan amendment to change approximately 12.25 acres of a site for mixed-use neighborhood to commercial for Callister Development. If there are no objections, I will open all three agendas on the Continued Public Hearing and invite staff comments first. Meridian City CounGl Meeting June 24, 2003 Page 26 of 52 Powell: Mr. Mayor, Members of the Council, this is, as you said, on the southwest comer of Overland and Stoddard. The property does have some existing -- or did have some existing buildings in this area here. Those have been removed, but the foundations are still there, but the actual buildings are gone. The proposed -- let me go up for a second. As you can see, Bear Creek Subdivision is here, Queenland Acres here. This is industrial use property -- or used it for industrial purposes. The Idaho Power substation is currently on this portion of the property. This is the Hardin drain bisecting the property here. The Comp Plan designation for this portion of the property is for public facilities. The Comp Plan designation for this portion of the property is mixed use. They are requesting a straight commercial designation as part of their Comprehensive Plan amendment. Again, we shift the north arrow here, so north is going to the left of the property once again. As I said, this is the existing Idaho Power substation down in this corner. You have the Hardin drain. You have an entrance coming off of Stoddard Road into the property. The contractor's office will be in this location with parking in front. This will be used for storage. This portion of the storage is paved with recycled asphalt, so it will be dustless. That's because they probably will be driving on it. There is some covered storage in this location. This would be a larger -- another large storage area for equipment that wasn't moving on a regular basis. This portion of the property will be left undeveloped at this point -- at this point. They would have to come back for any future development and we would have anon-build agreement on this portion of the property. These buildings are storage buildings. Again, as you will notice, decreasing in size to match the Hardin drain. There will be the minimal landscape buffer here with an eight-foot fence -- or six foot -- I'm sorry, I've forgotten the height of the fence. Perhaps the applicant can help me out when he gets up there. There is a chain link fence with slats on the other side of the landscape buffer here. At the Planning and Zoning Commission, the discussion was almost exclusively on the Site Plan for the Conditional Use Permit. They talked a lot about what areas would need to be paved and which areas could have the recycled asphalt as a material. There was also quite a bit of discussion on this road -- driveway that comes off of Overland and down here. This was a temporary access allowed by ACHD for the construction of the substation. There was a specific end to that driveway once this property was developed, that they would either have to relocate this driveway or to abandon it completely. The decision through the Planning and Zoning Commission hearings was to abandon it and this will be completely fenced around here all the way, except for this opening here, the property will be fenced. There will also be a fence on the Hardin -- they are proposing a fence on the Hardin drain, rather than tiling it and that is a specific issue you need to address tonight, whether or not you will allow them to just fence it off, rather than the it. I do have pictures of the Hardin drain in here. There is Bear Creek and the subdivision residences to the south. Here is the Hardin drain off on the corner there, and there. It's a sizeable feature. Because of the Hardin drain, they were able to have Ada county determine that the property was really two pieces of property, one on either side of the Hardin drain, thereby allowing the Idaho Power facility to develop on the south side and -- sorry going the wrong way. Those are the primary issues related to the Site Plan. Again, there was not much discussion on the Meridian City Council Meeting June 24, 2003 Page 27 of 52 Comprehensive Plan amendment and the Rezone that that would allow. It does show as mixed use right now. It is not a neighborhood center, but it is -- this is the only portion of mixed use shown on the Comp Plan, this portion here, so the only portion shown in this area -- this is shown as industrial on the Comp Plan. This is commercial in this area here and, then you get into the residential as you get to the Bear Creek. There is -- I'm stuttering. I'm sorry. You adopted your Comp Plan not very long ago and there would have seemed to have been a specific intent behind this request and that it was, actually, at the owner's request that some sort of commercial designation be put on the property. The decision at the time that the Comprehensive Plan was passed was to make it mixed use. The mixed use has -- a major component to it is residential, whereas this proposal that you're seeing before you is not likely to have any commercial, even the development in the front will likely go -- I'm sorry. It's not likely to have any residential. The undeveloped portion in the front is likely to go commercial, given its location on Overiand Road. Again, there was not a lot of discussion about this at the Planning and Zoning Commission. They have recommended approval of it and they did work on the site zoning quite a bit. With that, I'll stand for now. There were -- make sure I get all the -- oh, there is a revised ACRD report and that was handed to you tonight. We just got it shortly before I came here. That was addressing the issue of the driveway to the Idaho Power substation, the temporary driveway. I believe that's all the issues at this point. Corrie: Okay, any questions of staff? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Now, Anna, did you say that the applicant or the owner of the property requested the mixed use or requested it to be commercial? Powell: Well, I had a brief discussion with Steve and I didn't get a chance to go back and look through the record at all, but his .recollection was that the applicant had requested commercial zoning on this property, but as it went through the process that it was decided that mixed use would be the appropriate designation. De Weerd: Did he recall why? Powell: We did not have that conversation. My --just from looking at it, I guess my first assumption was that it was seen as a good buffer for -- to transition from the residential up to the arterial road on Overiand and it is located at the half mile, which probably was -- because there was the emphasis on the half mile and the neighborhood centers, along with the mixed residential on the half mile, that that is perhaps why it occurred there. Meridian City Counal Meeting June 24, 2003 Page 28 of 52 De Weerd: One other thing is we had a joint meeting with the Planning and Zoning Commission and we talked about Comprehensive Plan amendments and to kind of engage the public -- I mean we went through a three year process on this Comprehensive Plan with lots of public testimony. A lot of our citizens were involved in it, and having Comp Plan amendment requests -- and I believe that we discussed it, then, is that we would set particular months that we would consider these. A lot of that is in consideration of the general public that, then, they know these are the months that we consider Comprehensive Plan amendments and they have a better chance of being kept abreast as to what's going on with the -- even though they don't live within the 300 feet of notification -- notification area. I guess I'm a little bit surprised that we have a Comprehensive Plan amendment in front of us kind of outside of the months that we really discussed and -- because I don't take Comp Plan changes lightly, I don't think we should. I guess -- was that brought up at the Planning and Zoning hearing? Powell: Mr. Mayor, Members of the Council, this is the first I had heard of setting aside certain months for Comprehensive Plan amendments and doing a wider notification for those. If anyone can get me that information -- I have not seen any of that. At this point I would be very interested in working with Mr. Nichols or Mr. Berg to set that up. There was discussion at Planning and Zoning, because they had two Comprehensive Plan amendments on the agenda for that night, there was quite a bit of discussion about if they passed one, can they pass the other, and they actually -- this project was held up, so that it was heard the same night as the North Meridian Area Plan Comprehensive Plan Amendment. We did, as you know, pull that one for a little bit until we could integrate it into the whole one, but -- so, in that sense, there was a discussion about it, but there was not a larger discussion about getting additional notice out or anything of that sort. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I think what we were talking about was trying to make sure that a Comprehensive Plan amendment didn't get fouled up by the requirement that the Planning Commission could only recommend map changes once every six months -- or no more often than six months. The discussion was how can we coordinate Comprehensive Plan amendments as to map changes, so that, you know, somebody that comes in a month after somebody else doesn't have to wait eleven months to get theirs heard, kind of a thing, or another six months type deal. That's what we were talking about. If I -- if I recall it correctly that's what we were looking at. Corrie: Let's put it on the record here. De Weerd: I thought we had months that we actually had discussed. Meridian City Coundl Meeting June 24, 2003 Page 29 of 52 Corrie: I didn't remember that. Bird: I don't recall that at all either, Tammy Corrie: Might be a good idea, but I don't remember it, but I have been told I was wrong before, so -okay, any other discussion? Applicant representative. Powell: And, Mr. Mayor, Members of the Council, I didn't call Clint beforehand and I wanted to just apologize to him in advance for kind of raising this issue perhaps more than he was prepared for tonight. Corrie: Is the testimony you are about to give the Council the truth, the whole truth, and nothing but the truth, so help you God? Boyle: Yes, it is. Corrie: Thank you. Name and address, please. Boyle: Clint Boyle with Landmark Engineering and Planning. Address now -- business address is 104 9~' Avenue South in Nampa. As you're all aware, Mayor and Council, with growth comes change and many of you have experienced that with your own staff now, so, hopefully, you won't hold that against me. Tonight we are requesting a change to the Comprehensive Plan on a portion of the overall site that is in front of you, as well as annexation of the total site and a Conditional Use Permit on a portion of the site. The annexation would be the entire 19 plus acres with a Comp Plan amendment on the northerly portion, the area north of the Hardin drain. Just to dive into some of the comments that staff has made with regards to the Comp Plan and, hopefully, I can try to address some of them for the Council tonight to satisfaction. This particular project, when we submitted it, we actually were in a holding pattem for several months as the north Meridian plan was going through workshops and work sessions that the Council had on that, so it was held in kind of that holding pattem with that project. It didn't move forward to the Planning Commission until that particular item did and kind of moved along with the North Meridian plan and, then, as you're aware; that application was -- was pulled and this one moved forward to the Council. As far as the dates, I think that would be a great idea as far as the dates for Comp Plan amendments. I don't know if that's something that the staff could implement easily, but if there were set dates it would actually make my job easier as well, because, then, when somebody comes in and is requesting a Comp Plan, I can tell them they hear it in March and August and they don't get tied up like this one may have with the North Meridian plan and kind of waiting to see when that one goes and everything just kind of moves forward as far as a group, a bundle of them. As far as the notice to the neighbors, obviously, this was noticed in accordance with the appropriate ordinances with the 300-foot notifications, the advertisements, et cetera. I believe, personally, that this one probably did receive some fairly good notice, because there were quite a few people that attended the north Meridian City Council Meeting June 24, 2003 Page 30 of 52 Meridian plan and we were right there grouped with it, with those Comp Plan amendments. There were definitely other people there during the Comp Plan discussions on this item and the North Meridian plan. Now, as far as the Comprehensive Plan itself and the Planning Commission did recommend approval. The staff, if you look at the staff report, also recommended approval of the Comprehensive Plan amendment, a couple of factors that come into play. If you look at some of the surrounding developments of recent and some of the zoning designations that are in that area, as was indicated by staff, Queenland Acres, a large proposed commercial development, is adjacent to this site to the east. That property was approved for a commercially zoned designation similar to what we are requesting on this site and that particular project actually abuts a residential development. Presently, we do not abut any residential development. The only potential area with our Comp Plan amendment that would immediately abut it would be if something were to develop in the future to the west and that would abut a small portion of the area that we are proposing to amend the Comp Plan on. There is a large commercial development proposed with the Queenland Acres, industrial uses and industrial designations also lining Overland Road to the north of the site, an Idaho Power substation, which is currently constructed, currently operating, is already constructed south of the site. Again, as far as providing a transition with the mixed use, it seems like some of that opportunity has already been lost by the approvals and the existing developments and zoning in the area. This Comprehensive Plan amendment was specifically proposed, because Idaho Power, who is the current owner of the overall site, were desiring to sell a portion of this overall site. The proposed developer, Mr. Callister, had a specific type of development that he was looking to propose and, therefore, we are in front of you with the Conditional Use Permit and annexation request as well. A Conditional Use Permit is part of that. We are proposing a contractor's facility that is beyond the 300- foot separation distance from residential to the contractor's yard itself. We have provided landscape buffering, the buffer along Stoddard Road in front of the contractor's yard actually exceeds your buffering requirements. We have a 20-foot landscape buffer proposed along the storage unit, with the screening fence. That screening fence, the applicant is looking to provide an eight-foot tall screening fence adjacent to the storage units and also around the contractor's facility and the storage yard. Those are some of the points with the Conditional Use Permit, the one item that Anna hit on as far as the Hardin Drain, I'd like to point out just briefly, Hardin Drain is an existing drainage way that traverses through the site in a generally east-west fashion. Originally, when this plan was going through its design, the Ada County Assessor had this as one large parcel, a 19-acre parcel. Idaho Power submitted for a lot split to Ada County and with a record of survey. Ada County rejected that record of survey and as part of their ordinance, they felt that the Hardin Drain was a substantial enough natural barrier that it fell into a category in their ordinance where if a piece of property is separated by a substantial barrier, they already consider it as two separate parcels of land. Well, that was definitely a point of discussion with the staff and with the Planning Commission. If you look back through the staff report we had to provide evidence of that split. We had to go to some fairly extensive lengths -- the assessor's office assigned new parcel Meridian City Council Meeting June 24.2003 Page 31 of 52 numbers with the parcel map showing those parcel numbers. We had to submit even further documentation from the county that has been provided to staff indicating that split. Now, the reason I'm bringing that up is because the county felt that the Hardin drain was a substantial natural feature that traversed this site and with regards to your policy of tiling ditches, laterals, et cetera, developer is requesting a waiver or latitude from the tiling requirement and to mitigate the potential safety issues, what the developer would like to propose is that the fencing along the storage units be extended to the south boundary of the property. Presently, Idaho Power has a security fence around the area immediately adjacent to its power equipment in the substation. This additional fencing would have the affect of enclosing the Idaho Power substation site and with the fencing from the contractor's yard the Hardin Drain would effectively be fenced out. There was some discussion at the Planning Commission, because the fence along this boundary over here is more of a farm-type fence, barbed wire, three or four strand, I'm not sure exactly what, so there was a lot of discussion about that. Again, with that comment, the site would be secure. The nearest residential development, urban development, is Bear Creek, that would effectively provide a very good barrier to anybody accessing that Hardin drain with that eight foot fence. Idaho Power would be provided with a locked gate for those times when they periodically need to get into their substation site for maintenance. With that said, again, due to the fact that there are no residential users, residential lots adjacent to the drain in this location, it isn't a situation where a residential development abuts it or is near it on either side of it, it's surrounded by a secure facility with the Idaho Power substation, they certainly don't want any public in and around their equipment. The storage units, the developer wants that to be a very secure facility as well. Will it have public access for the units, yes, but, again, he does want that to be a secure facility where it's very limited as to the people coming in and out of there. With respect to the secure facilities and the fencing around that drain, he believes that the public interest in keeping kids out and the safety issues that may be presented for somebody getting in the drain, are mitigated with the fencing that he's providing around the facilities. With that said, with the staff reports that were included for the Conditional Use Permit, the annexation, and the zoning, we are in agreement with the staff conditions. One of the items that was talked about was the non-development agreement, the agreement for this future phase, and that would be an agreement that the developer would enter into where the future phase would not be developed until a point in time that municipal sewer facilities, the trunk line, the Black Cat trunk extension, were available to sewer the site. In addition to that development agreement, it also provided that any development on this remaining area would come back in front of you for a Conditional Use Permit approval. Again, I think the Council has a lot of - a lot of leverage here with the development here and if they feel at that point in time that additional buffering or fencing or other mitigation items need to go in to buffer what may be residential in the future, they could certainly request that at that time when that portion develops. With that said, the only point of disagreement that the developer had with the staff report was the tiling requirement on the Hardin drain and he is requesting a waiver from the Council from the tiling of the drain. With that, I will stand Meridian City Council Meeting June 24, 2003 Page 32 of 52 for any questions from Council. Thanks for your time and for not running me out of here when I first came in. Bird: Mr. MayoY? Corrie: Mr. Bird. Bird: Now, on the Hardin Drain, you're going to put chain link fence up that, aren't you? We are not going to have -- we are not going to have a rural three or four strand barbed wire along there, are we? Boyle: No. Bird: That's what I thought. Boyle: Maybe I could just kind of draw the line on the fencing. The entry to the contractor's facility with the office area here would be here on Stoddard. Let's say that's the comer of the fence, it's going to run down Stoddard and extend all the way out to the boundary. The same fence, the eight foot tall fence, is also proposed to run down along the Hardin drain, extend around the contractor facility, and, then, also you have one in between the contractor's facility and the storage unit. Yes, those will be -- the only areas with the more rural fencing would be along the -- Bird: Is the existing one. Boyle: Is the existing one where you have got afarmer's -- agricultural use adjacent here. Somebody would have to traverse quite a ways. In fact, the Hardin Drain, my understanding, is open through here as well, so if somebody is going fall in, they are going to fall in long before they get to our property, I imagine. Bird: And I don't think that's -- that's areal -- you know, something wouldn't happen too much on that, but -- okay. I didn't -- I didn't think -- I thought it was going to be all chain link. We just wanted to make sure. Corrie: Mr. Nary. Nary: Mr. Boyle, this portion here -- when you said eight foot fence along the boundary, you're talking about like an eight foot like slatted chain link or something like that? Boyle: Right. Nary: And it's going to run the length -- right now it's proposed to run the length from essentially this point here by this office to the edge of the property boundary, is that right? Meridian City Council Meeting June 24, 2003 Page 33 of 52 Boyle: It, actually, isn't out in front.. In front of the ofFce will just be nice landscaping. That fence runs right here up to the building and, then, from right here on the other side of the building out and, then, up. The gate into the -- Nary: There is still a landscape buffer here on Stoddard? Boyle: Yes. What you will have as you drive down Stoddard is you will have landscaping here, you know, with the parking area beyond, and that landscape -- I forget the dimensions on this. It's like 28 feet of landscaping here. Then, as you come along the storage units you will also have a landscape area that's 20 feet wide and, then -- so you will have the road, you know, the shoulder area, the 20 feet of landscaping, and, then, the fence and, then, the storage units, which, again, you will likely end up with more landscape area than that, just because of the right of way with ACHD, they will have a few feet from the gravel shoulder that's still in their right of way that we will landscape as well. Nary: Now, explain to me a little bit -- because I'm really ignorant on this point, but this contractor's yard, it sounds like a junk pile to me, so what's intended to be there? Boyle: It's going to be an excavation business, so it will have backhoes, trailers to haul -- you know, the long bed trailers to haul the backhoes, tackhoes, et cetera, that you would find. They have, you know, dump trucks, et cetera. You know, those types of items that would be associated with an excavation business. Nary: So, that's intended to be on the paved portion, as I understand Mrs. Powell. This part here is where a lot of that type of equipment is going to be and, then, this is for things -- this is unimproved, correct, so this is just dirt in the back and these are things that aren't moved quite so -- Boyle: Yes. That will, actually -- will be a graveled area. Nary: Oh. Okay. Boyle: I mean it won't just be dirt, will be gravel -- initially, the initial plan, Mayor and Council, since this was fully enclosed with the fencing with the screening, the slatted fencing is proposed along the north side -- along all sides other than the Hardin, so it will be screened from Overland, Stoddard, et cetera. The initial intent or proposal was for all gravel and, then, there was quite a discussion, because there is a covered storage area here, so if he wants equipment that's -- it's not a garage, but it's kind of the three-sided -- like a carport, I guess, would be the way to think of it. If you wanted to have some equipment out of the weather, he could park it in there, so the discussion was this area --and he has an indoor enclosed shop area, would probably be traveled -- the main use area as far as vehicles and equipment traveling in and out and around Meridian City Council Meeting June 24, 2003 Page 34 of 52 within the site and, then, this area would be more limited in use. It might not see the same type of daily activity that the area on the front end would see. It will be -- all of it will be -- in the back here will be gravel, it won't just be a dirt area. Nary: And I guess I'm still not clear so, this road will be remain this is dirt or this is a gravel road? Boyle: This is -- and let me clarify, because there was a lot of discussion. It's a driveway, not a road. Nary: Okay. Boyle: Because I -- yes, I called it the same thing. It is a gravel driveway presently, so there is actually a gravel drive. Now, the interesting thing about this is this gravel driveway was installed by Idaho Power when they initially built this substation site. Granted as a temporary access, so they could go in with their equipment and do whatever they need to, to construct the substation site. Since, then, with the discussion at Planning and Zoning, we, essentially, were faced with two options. One was abandon that and not use that access point anymore or to pave it and also install landscaping with trees every 35 feet down the roadway, so you have this nice tree-lined roadway for the equipment and it was going to be an equipment entrance only. The developer opted to abandon it. Initially, what he had proposed is when this area developed here, that he would facilitate any paving and landscaping at that point in time. Right now the roadway, the way it exists right now, there is a gravel roadway from Idaho Power's substation to about this point right here. At this point, the roadway ends and, then, there is an irrigation ditch. You, actually, can't presently access the site right here in alignment with the roadway, unless you drive your truck through the ditch and it's big enough that you certainly wouldn't do that. The way that I believe Idaho Power got in there, because I, you know, was kind of questioning just like you how in the world did Idaho Power use this road, then, or why did they put it in if they didn't cross that irrigation ditch and what you have is down the road in about this location there is an old farmer's access over the ditch and it is just a little dirt entry over the ditch and so to get on this access road you have to cross that little farmer's -- and, then, four wheel -- four wheel it across the field to get over to the gravel road and I assume that's what Idaho Power must have done when they were building the facility and that is just dirt, you know, if it's rained out, you probably don't want to go out there, because you're going to be in ruts half a foot high, but -- so there is no access there. They are not proposing to utilize this anymore. There used to be a gate on the backside here. We have eliminated that. It will just be straight fenced off. Both the developer and Idaho Power are all right with that. Idaho Power -- the only time in my discussions with Idaho Power on this -- and they have been very involved in it -- the only time that they would ever travel in this area is if for some reason they needed to do maintenance on their transmission lines. They have a transmission line that's -- the one that you see running along Overland, there is a spur that comes back here to the stub station -- stub -- Meridian Cily Council Meeting June 24, 2003 Page 35 of 52 tongue twister there -- the substation. The only time that they would ever utilize that would just be if they ever had a problem or some reason they needed to maintain it, but they indicated that they did not need that access or an improved access or anything off of Overland Road. Nary: Mr. Boyle, you had mentioned something about notice, too, so I'm assuming those Bear Creek homes on the opposite there of Stoddard, they did receive notice of this, so it's just further into Bear Creek that you -- Boyle: Right. In fact, our property goes to this point, so you get -- you also have to realize it's not just this area that we are proposing here. The notice went out from this comer, so it's picking up all the homes along this row and, you know, whatever here and -- I don't know if it extends across the street. Yes, I mean there was definitely notice, including the homeowners association that this is a common lot, so they also received notice of the hearings and we didn't have any public testimony at the Planning and Zoning Commission on any of the times that we were in front of the Planning Commission on it. Nary: Is there a sidewalk on Stoddard on the east side in that particular area across the street from yours? I was just wondering if there is any foot traffic along Stoddard going towards that area. Boyle: There is -- there is no existing sidewalk along -- I guess what you would know as the Queenland Acres area. At least I don't believe. We might be able to throw the aerial up. I'm fairly certain that there isn't any sidewalk in this area on this side here. That doesn't show it real well either. Bear Creek does have a meandering sidewalk along Bear Creek that ends at this location here. From here on there are no sidewalk facilities. As part of this development we are required to extend sidewalk from Overland down to our southern boundary. Corrie: Who owns that gravel road that goes south from Overland Road to the end of your property? Go up -- up and down that. Who owns that piece of property? Boyle: Oh, this -- adjacent to us or the actual road? Corrie: The road. Boyle: The roadway itself is on Idaho -- the driveway. The driveway is on Idaho Power's property, and Idaho Power, even with this development -- if we can go back to the Site Plan, Anna, just for a minute here. Even with this development, they still have an existing 75-foot wide easement that's already in place that extends back to the substation site and you can see that's called out here. The dashed line indicates their easement. Meddian City Council Meeting June 24, 2003 Page 36 of 52 Corrie: And they have a bridge across that canal? Boyle: They do have a pipe across it here on that roadway. Corrie: A pipe, but no road? Boyle: The road extends all the way back to -- the driveway extends all the way back to the Idaho Power site. It just doesn't -- it just doesn't link up with Overland. Bird: It doesn't go across Overland. That's what he was explaining. Corrie: It just goes up to Overland. Bird: But what they have done is put a culvert in there. I mean that's not a real bridge. I wouldn't -- Boyle: Right. Bird: It's not a real bridge. Boyle: Right. Bird: So, they can get back there to work on it if they have to. Corrie: Okay. Boyle: Right. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: You know, I don't have a problem so much with the project itself. I think we all know what contractor's yards look like and until you have something between Overland and the contractor's yard, an eight foot fence is not going to cover much and I guess Overland is an entryway per se into our community and I do have some concern and I know the develop ability of the lot in front of it is really restricted because of the sewer and there is one concem -- I guess the storage units would be a better buffer to the contractor's yard, than --and put that up against the substation. I guess my concern is what you're going to see from Overland for quite some time and, then, my second concern is the chain link fence along Stoddard across the street from a nice residential area. You have mentioned that you have a landscape barrier or buffer that's about 28 feet? Is that what you said? Meridian City Council Meafing June 24, 2003 Page 37 of 52 Boyle: In front of the contractor's yard. The storage unit's is 20 feet wide De Weerd: And an attached or a detached sidewalk? Boyle: Detached. We will do whatever this Commission wants, actually. Let me think that one for a minute, because -- right now we have it shown as an attached sidewalk, I believe. Let me back up. Stoddard Road -- Stoddard Road is a collector street, so it is going to be a detached sidewalk. It is a detached sidewalk. De Weerd: It's detached. Boyle: Because Stoddard is a collector. Correct. De Weerd: And what kind of landscaping will you have to kind of buffer an eight foot chain link fence? Boyle: I don't know if they have a copy of the Landscape Plan or if you do in front of you. I mean there will be -- so we do have a buffer of trees along that area that would be adjacent to Bear Creek. De Weerd: And I guess, Anna, I had a question about a gravel lot in the city limits. Does our ordinance allow for gravel lots in the city limits? Powell: Mr. Mayor, Members of the Council, the only paving standards that exist in the zoning ordinance have to do specifically with parking areas. This is not a parking area in the sense that is discussed in that section. This is not required off-street parking, this is storage areas and, actually, what the applicant is proposing with the recycled asphalt. Then, the gravel on the portions where you don't have a lot of truck traffic going through, allows for water to perc under the ground and it's actually preferred to having that -- having to drain that water to a storm drainage facility, as would be required with asphalt. In the past, your administrator has required that any storage or any area where vehicles travel have to be paved, I believe that that section should only apply to off-street -- required off-street parking areas and discussed this with Public Works. There is an environmental benefit to allowing the recycled asphalt and/or crushed gravel or grass Crete or other kind of travel surfaces that allow for the water to perc in. De Weerd: So, there is benefit to the water drainage, but how about air quality? Powell: The recycled asphalt will take care of that issue on the portion where it is traveled. If you'd like to extend that requirement to the other, gravel areas that may help reduce dust, if those are being moved more than anticipated at this point. Corrie: That would be nice for the air pollution quality there Meridian Ciry Council Meeting June 24, 2003 Page 38 of 52 Nary: Mr. Mayor? Corse: Mr. Nary. Nary: I guess I'm just tired tonight, but what is this corner again? De Weerd:" Nothing. Nary: This is just -- this division is just imaginary, there is nothing here right now? The whole thing is going to be undeveloped? De Weerd: They are old foundations. Boyle: There used to be some homes or something on this site, I guess, previously and it's now - I mean there are still some concrete slabs and things out there, but that -- Nary: So, it's the intent of this entire rectangular piece would just remain undeveloped until there was sewer and the fencing would just be right there? Boyle: Right. Nary: Okay. Boyle: The fencing and the other benefit they do have is the covered parking will screen at least a portion of the contractor's facility, so you will have some structures in there and -- right. Nary: Isn't it supposed to do that? Boyle: Well, correct, but it seems like there was comments from Council that an eight foot fence may not be tall enough, adequate enough -- De Weerd: It doesn't cover a dump truck. Boyle: I guess we could go with a 12-foot fence, if you would grant us a waiver. Nary: Oh. Yes. That sounds better. De Weerd: Oh, that's even lovelier. Boyle: We could paint it with a nice mural or something. De Weerd: Will you be doing -- Meridian City Council Meeting June 24, 2003 Page 39 of 52 Bird: Grow some sweat peas up -- Boyle: Yes. De Weerd: And you don't have any plans for landscaping along that fence line? Boyle: We hadn't proposed that presently, just in anticipation that at some point in the future he would be able to further develop that area to the north and, then, obviously, at that point there would be all of the landscaping and buffering, et cetera, along Overland Road. De Weerd: And the covered parking is that just going to be a metal structure? Alean- to? What is it? Corrie: Three sided. Boyle: It will be a three-sided facility and with the initial application -- again, I don't know if we have the pictures here. I could pull them up if you wanted to. We submitted just some examples of what may possibly be proposed. Doesn't look like we have them. As far as building, it will be a three-sided facility. Will it be a metal building, yes, it could, potentially, be a metal building. Those seem to be more economical, especially, for a covered parking area. It will be three-sided in the senses that the vehicles will be able to access from south to north, so the wall of the facility would be in this location on the east side running along the north side and, then, on the west side and, then, whatever supports they needed in between. It would be open towards the Hardin drain, I guess, would be the way to -- De Weerd: One last question. Did you have a neighborhood meeting? Boyle: On this particular project we did not have a neighborhood meeting. It was -- we submitted this quite some time ago and it was prior to your -- your ordinance change that even recommended a neighborhood meeting, so this has actually been something -- I don't remember the exact date, but it's been in for -- I don't know if Anna knows offhand. It's been months and months since this was initially submitted and we did not have a neighborhood meeting. De Weerd: Okay. I don't have a problem with the Hardin drain, leaving it open. I think that -- I know personally and I think the sentiment shared by at least one other Council member is we like to see open waterways and so I don't have a problem with not tiling anyway. Boyle: Mayor and Councilwoman de Weerd, with regard to the neighborhood meeting, we did talk about that initially with Idaho Power, because Idaho Power a year ago went through and constructed the substation, they held a neighborhood meeting and they Meridian City Council Meeting June 24, 2003 Page 40 of 52 indicated that nobody attended. Based on their comments that with a substation going in nobody had attended, I mean that was part of the basis that we didn't deem it to be necessary to have that neighborhood meeting and so far we haven't had any public input from the hearings either on this particular application. De Weerd: Okay. Powell: Mr. Mayor and Members of the Council, December 13, 2002, was the application letter date. Corrie: Any other discussion? Bird: I have none, Mayor. Corrie: Okay. Boyle: Thank you. Corrie: All right. Thank you. Is there anyone else from the public that would like to issue testimony at this time? Okay. Hearing none, Council, any questions -- further questions? If it's the pleasure of the Council to close the Continued Public Hearing -- Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, just to point out one thing before you close the Public Hearing. The requested zoning is commercial and so the Comprehensive Plan amendment requested would fit the zoning that's requested and recommended by the Planning and Zoning Commission. Just to make that point that although it's an amendment to the Comprehensive Plan, the Supreme Court has said that it's your zoning ordinance that controls and so if you choose to grant this particular zoning, that a Comprehensive Plan Amendment map change would have to follow. Corrie: Any questions on that? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So, if I'm tracking what you're saying, Mr. Nichols, we don't really have to really deal with Number 13? If we were to approve the annexation and designate the zone, there is no necessity to really amend the Comprehensive Plan. Or am I misunderstanding it? Meridian City Council Meeting June 24, 2003 Page 41 of 52 Boyle: No. Mr. Mayor, Members of the Council, just wanted to point out that it's really -- when you set the zoning, that's the critical piece. I think you would want to go ahead and amendment the map anyway, so that your map reflects what the use is that you have already granted. Nary: I see. Thank you. Powell: Mr. Mayor, Members of the Council, I believe the staff report is structured that it says if the Council approves the Comprehensive Plan amendment, then, you can make the finding, so I don't know if you want to do that item first of if it makes any difference. Corrie; Mr. Nichols? Does it make any difference? Nichols: Well, Mr. Mayor, Members of the Council, again, I -- the Supreme Court has basically said a Comprehensive Plan is just a community's desire for development period and it -- and so planners are instructed and taught to -- you know, that it's really -- and they -- you know, I mean they sweat blood over developing these things and, then, the Supreme Court says, ah -- if it would assuage Mrs. Powell, then, you should address that issue first on the Comprehensive Plan. Nary: But, legally, we need to do 11, 12, and 13 in that order. Okay. Great. Corrie: The Supreme Court -- it may be five to four, it could be changed later. De Weerd: Mr. Mayor? Corrie: At least that's what I heard in class. Mrs. de Weerd. De Weerd: I'm assuming, since no one has raised this from staff, that a contractor's yard is allowed in commercial -- I thought they were only allowed in industrial, so I guess I was a little surprised that this is commercial. I'm sure it would have been caught long before now. It seems an odd use in commercial. Corrie: Since I don't have my book with me, I better ask the question. I don't know. It's been awhile. De Weerd: I'm sure the planner wouldn't have planned it in a zone that wasn't allowed. Powell: Mr. Mayor, Members of the Council, it is allowed as a conditional use in a C-G zone. Corrie: And they are asking for a Conditional Use Permit. Okay. Meridian City Coundl Meeting June 24, 2003 Page 42 of 52 De Weerd: Well, Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Before we close the Public Hearing, I guess I'll just give my two bits. I think being next to Idaho Power you really have a limited amount -- or you're really limited by what you put in there. I guess I do have a concern, since residential is immediately across the street with an eight foot chain link fence and heavy equipment being moved across the street and a contractor's yard that's going to face a very visual entrance into our community and with the knowledge of knowing that that lot that would be north of it that would buffer it has limited development potential until we have sewer there, I do have concern with this. If our Comprehensive Plan showed mixed use, that's what the community blueprint is, and I know that it's just a planning document it is a document that went through extensive Public Hearing. It's also a document that the people not within 300 feet of this development had the potential -- and I'm not saying they did come and see it, to see what potentially could be put there, but if they did, that's what they would have seen and certainly not a contractor's yard or an eight foot chain link fence. I do have some concerns with this application and I thought I would just state those comments before we close the Public Hearing. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I'm pretty tom on this particular project as well. I think there are a lot of very good things. The fencing off the drain, fencing off the west side of the property, creating the buffers on Stoddard - I think there is some very good things here and so I - - I'm alittle tom. I think Council Member de Weerd is correct, I mean that portion immediately adjacent to that drain has some limitations on what they can do with that piece with the power station right behind it. I'm also horrified of this idea of this eight- foot chain link fence down a street that I do consider to be an entryway to those people that live in Bear Creek. It's one of our larger subdivisions in the community and I guess I'm a little concerned in having 20 foot of landscaping with this huge chain link slatted fence right behind it creating this tunnel down that roadway and also creating this -- this big chain link box around this area. I guess, you know, it's -- I'm torn, because I understand where the developer is coming from here, that there are limitations in what they can do with this property and this is probably not -- I guess to me this is probably not the best thing they can do, but it's always not the worst thing they could do. I'm concerned in leaving that big empty space for what could be an indefinite period of time, with that fencing, with that contractor yard -- I think as Council Member de Weerd stated, and having heavy machinery up and down Stoddard turning in and out of this where you have got sidewalks. You have got some commercial areas to the north of this that are going to be attracting some foot traffic along that roadway, it makes me very concerned about that. I'm also a stickler on these Comp Plan amendments and Meridian City Council Meeting June 24, 2003 Page 43 of 52 Rezones. You know, I've said it before and -- I don't like to rezone things just because somebody finds it inconvenient to what was there. I think when we lay out these -- the Comprehensive Plan -- especially the Comprehensive Plan, we really try to set a road map that we want to live with for awhile and see how it works and see how it works together before we simply just change it and it makes it hard for me tc think that after the very limited time that we have had this in place that this is the best we can do with this piece of property. We have set it as a mixed-use area. That may or may not be the best use, I don't know that, but all I know is we have had one application six months after we approved the plan wanting to change it and I'm -- I just -- I guess I have a hard time just changing things just because it's inconvenient and that's what it seems to be is it's inconvenient because of the way this is and I don't know that we couldn't do better than what is being proposed here. Corrie: I don't usually say too much, it's a Council Meeting, not a Mayor's Meeting, but I agree to some degree, except having lived in Boulder, Colorado, for 15 years. Hearing the people that live next to a power situation as this, they have their hands full -- they still have their hands full, they got lawsuits up the ying yang already about cancer- causing elements from the electrical substation. I do agree that the chain link fence up front, it does kind of make a tunnel effect down there. I would like to see the applicant have a little better idea of what they want to do there. I don't think that I would want to put that in a family -- multi-family use down there, because we will get a lot of comments on that one from the public, believe me. Drain ditch should be open. I think we have been through that many, many times. I do think the fencing needs to be addressed again. My recommendation would be to have them kind of give us a better idea of what they want to do there and I think the eight foot fence along that north side is kind of unsightly as well, because we don't know what's going to be there either, but -- have they considered at all a different type of fencing or anything like that, Clint, since we are still in the Continued Public Hearing. Do you know? Boyle: Mayor and Council, I have not had that specific discussion. That was what the developer proposed on the site. We have had some discussions just about the fencing in general. If it is an issue to the Council, in my discussions with the developer, and it's a sticking point on the project, he would certainly be receptive to some other fencing options along that Stoddard Road corridor. I guess if that's the direction that the Council would like to see this go, maybe the Council has some recommendations. I know Bear Creek, I believe, has vinyl fencing -- you know, I'm not sure what the Council would be looking for, if it would be something like vinyl fencing similar to Bear Creek -- their buffer is also -- well, it meanders a little bit as far as the width of their buffer, it's about 20 feet wide and, then, in areas it extends out and comes back and they have a vinyl fence there. I guess that gives you some idea if you have been out in that area of what a vinyl fence would look like on the buffer. Yes, I think the developer is certainly receptive to some options like that if that's the desire of the Council. Meridian City Council Meeting June 24, 2003 Page 44 of 52 Corrie: I don't know if the Council has any ideas of what they would like to see there or whether they would like you to bring some ideas back to them, but I'll let the Council decide on that. I know how I would go, but, Council, if they would like to have some ideas brought by the developer that's fine or they can tell you tonight. Boyle: Thank you. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'll give you my two bits worth. I think that you just brought up a very good point, Mayor, that I would like to see -- I don't have quite as many concerns. I'm like Councilman Nary, I hate to see if -- you know, we worked long and hard on this Comprehensive Plan and I late to see us get -- keep changing about every two months on stuff, but, like Mr. Nichols says, I guess our Comprehensive Plan isn't what we think it is, but -- as the Supreme Court goes. I wouldn't mind seeing these Public Hearings continued for a couple weeks and come back with some ideas. I have no problem with the interior part of -- of the development being chain link fence, but I think we need to dress it up around the outside somehow that -- and if it is -- if it takes a six foot vinyl fence on top of a three or four foot berm around the exterior, so it would be -- especially down the north end. I know where they put the deal in is going to be -- look nice, whether it's aluminum or whatever building -- type of building it is. Where the chain link fence is, we need to dress it up more than that, I believe. If the applicant was receptive to that, I would certainly be willing to make a motion to continue these Public Hearings to July 8th and give them a chance to come in with some ideas that -- I don't think as a Council person I want to tell you exactly what I want. I don't like just chain link fence, let's put it that way, on the exterior. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Bird, maybe if you would like to consider July 15th, only because if they are going to make some new plans or proposal -- Bird: That's true. Nary: -- that really only gives them a little over a week if we do it the 8th. Bird: That's right. That's good. Nary: If that's not going to be -- they have already waited six months, I mean how much -- Meddian City Council Meeting June 24, 2003 Page 45 of 52 Bird: What's another month, you know. Nary: Yes. Corrie: We just want to make it look right and look nice and be compatible with the neighborhood across the street and we do know that there is some commercial from the north there about halfway up, but there is also Bear Creek in there that needs to be considered, too. Boyle: Mayor and Council, yes, that sounds just fine. Yes. I think the developer through this has certainly been learning some patience in that public process. The July 15~' date, if that's what the Council feels is adequate time, we will certainly get right on this and come back with some options. I think we have heard some good discussion from the Council on these items and we will put together some options and get them back in front of you. Bird: Well, Clint is that -- excuse me, Mr. Mayor. Corrie: Mr. Bird. Bird: Clint, is that -- is the 15t"' okay with you, then? Does that give you time or do you need another -- Boyle: The 15th gives us plenty of time. Bird: Okay. Okay. Boyle: July 8th is better, but the 15th is -- it depends, I guess, on how much time your staff needs to review it, you know -- Bird: I understand. Boyle: We can -- you know, we will get it in a week or so to them with some options and, then, whatever time they need, so -- Bird: Okay. With that, Mr. Mayor, I would move that we continue the Public Hearings for the Callister Development deal, Item Number 11, 12, and 13, until July 15, 2003. Nary: Second. Corrie: Okay. Motion has been made and seconded to continue the Public Hearing until July 15 ,with new ideas from the developer on fencing the property and that, any Meridian City Council Meeting June 24, 2003 Page 46 of 52 further discussion? All those in favor say aye. Opposed no? Motion carried. Okay. That would be good. MOTION CARRIED: THREE AYES, ONE ABSENT Item 14. Public Hearing: VAR 03-016 Request for a Variance to block length requirements for a block exceeding 1,000 feet for Silverstone Business Center by Sundance Investments -southeast corner of East Overland Road and South Eagle Road: Corrie: Next is item 14, a Public Hearing, Variance 03-016, request for a Variance to block length for -- block length requiring 1,000 foot of Silverstone Business Center by Sundance Investments. I believe we did receive a letter, they wanted to postpone it, Mr. Clerk, until they got the other applications in, is that correct? I think that's what I read. Bird: They want it pulled, Mayor. Corrie: Oh, they want it pulled? Oh, I'm sorry. Okay. Bird: And re-noticed. Corrie: Okay, very good. Berg: Mr. Mayor, yes, we got a memo from Sonya Allen from the Planning and Zoning Department stating that the applicant wants to pull this item to re-notice it with the Preliminary Plat, so they are both scheduled at the same time. Corrie: Okay. My mistake. Thank you. Can we do that -okay? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we pull VAR 03-016, request for a Variance to block length requirements for a block exceeding 1,000 feet for Silverstone Business Center by Sundance Investments from the City Council agenda and send it back to Planning and Zoning-- or, no, just leave it alone. Leave it alone. Nary: Just pull and to reschedule. Nichols: Pulled and rescheduled. Corrie: Right.