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HomeMy WebLinkAbout1999 11-03 PreMERIDIAN CITY COUNCIL PRE -COUNCIL MEETING NOVEMBER 3, 1999 The Pre -Council meeting of the Meridian City Council was called to order at 7:12 p.m. on November 3, 1999 by Mayor Robert Corrie. MEMBERS PRESENT: ROBERT CORRIE, CHARLIE ROUNTREE, KEITH BIRD, GLENN BENTLEY MEMBERS ABSENT: RON ANDERSON OTHERS PRESENT: SHARI STILES, GARY SMITH, BILL GIGRAY, BILL GORDON, KEN BOWERS, WILL BERG Corrie: -- open the Pre -Council meeting at 7:12 to discuss the agenda items on the regular City Council meeting. At this point, I'll open the meeting and – how'd you do it last time? I was – Bentley: We just had Shari – Corrie: Shari, kind of fill us in on things. ITEM 1. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY WILLIAM & LUCILE LEAVELL—END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: ITEM 2. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II): Stiles: Mr. Mayor and Council, Items 1 and 2, the development agreement still has not been signed. They're requesting changes to the development agreement and to the Findings. Maybe Mr. Gigray could address some of those comments because he's had conversation with their legal counsel, and it appears that from what they're requesting, it's a significant change, that they would be required to resubmit an application and go back through the Planning and Zoning Commission. But – do you have anything else on that, Bill? Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, Shari, that's correct. Mr. Shoemaker represents the developer here and made some requests, and I have checked those requests versus the minutes of the Council meeting, and I've Meridian City Council Pre -Council Meeting November 3, 1999 Page 2 written them a letter back saying that I wasn't inclined to recommend any changes in the provision regarding the conditions of development he had included a couple of additions on the use which matched the site plan that was submitted and approved which one of the main items had to do with the storage units that are part of that whole site plan that I didn't see as a problem. I've explained to him on the phone that I have resubmitted that development agreement to the Clerk, and I guess at this point we're waiting to see whether or not they will sign that, and at this point, I don't think we — that they have. So I would — it's my understanding that we would probably table those. Berg: Mr. Mayor. Corrie: Mr. Berg. Berg: Just to clarify that, we need to have the Findings approved so they can be attached to the development agreement so they can review it and sign it or not. Corrie: On Item 1, you mean? Bird: (inaudible) Corrie: On the annexation. Bird: So we do need (inaudible) Corrie: Okay. So we do need (inaudible) Gigray: On the Findings, yeah. That'd be okay. But I think I made the same change on the use and the Findings just so it conformed with the site plan. Corrie: Mr. Rountree. Rountree: We would act on Item 1 and table Item 2. The conditional use is Item 2. Until after the development agreement is — Gigray: As long as we're not passing an ordinance on Item 1, this only refers to Findings that we'd be fine. I agree with the Clerk. Stiles: Mr. Mayor, Council, if you're going to act on those Findings, I would like to make sure that the development agreement is included as part of that. I don't see that. I don't see where the restrictions on this signage was addressed as part of this. I don't know if it's included in the development agreement or not. Corrie: On Page 19 there, Shari, is that what you're talking about? The conditions set out in the development agreement? This is the revised one. Meridian City Council Pre -Council Meeting November 3, 1999 Page 3 Stiles: Yes. It does talk about some of the Ada County Highway District comments, and they had some problems with some of these conditions. But it doesn't say anything about the signage, and I think that needs to be included in that development agreement. Corrie: Any others, Staff? Okay. How about three? Four? ITEM 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L -O BY MIKE GAMBLIN—LOCATED AT CHERRY LANE AND LEISURE LANE: Stiles: Number 3, 1 can't find that bill. Oh. It's on Page 23, Item 2.2.29, we'd requested that sentence be changed to "prior to applying for a building permit." That's all I had on that. Corrie: Okay. ITEM 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE OF MAXIMUM BLOCK LENGTH AND MAXIMUM CULDESAC LENGTH FOR THE LAKES AT CHERRY LAKE #9 BY STEINER DEVELOPMENT—NORTH OF CHERRY LANE & EAST OF ASHFORD GREENS SUBDIVISION: Stiles: Item 4, for the variance of the block length and maximum cul-de-sac length, I didn't see any problems with those Findings. ITEM 5. TABLED 10/5/99: REQUEST FOR FINAL PLAT FOR LAKES @ CHERRY LANE #9 BY STEINER DEVELOPMENT—NORTH OF CHERRY LANE AND EAST OF ASHFORD GREENS SUBDIVISION: Stiles: For the final plat, I couldn't find, and Bruce couldn't find as having any comments on the final plat. We would just ask that the conditions of the preliminary plat be requirements of the final plat. ITEM 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION BY PROJECTS WEST—SE CORNER OF TEN MILE ROAD & CHERRY LANE: Stiles: No. 6 for the English Gardens, I don't know if you want me to (inaudible). There were Findings on this which is a little unusual for a plat, but I didn't see any problems with those, with the recommendations. ITEM 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO R-15 AND L -O FOR Meridian City Council Pre -Council Meeting November 3, 1999 Page 4 VALERI HEIGHTS SUBDIVISION BY GOLD RIVER COMPANIES, INC.—NE CORNER OF PINE STREET AND TEN MILE ROAD: Stiles: Of course, the Valeri Heights recommendation was for denial. ITEM 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO I -L FOR TEN MILE MINI STORAGE BY ED BEWS—WEST OF TEN MILE AND NORTH OF USTICK ROAD: ITEM 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR MINI STORAGE FACILITY CONSISTING OF NINE BUILDINGS AND ONE SINGLE FAMILY DWELLING/OFFICE BY ED BEWS --WEST OF TEN MILE AND NORTH OF USTICK ROAD: Stiles: The request for annexation and zoning to I -L with the conditional use permit for the mini -storage, Items 8 and 9. On the Findings for the annexation and zoning, Page 5, Item 16.2, it was left out part of our comments, so that's why it's an incomplete sentence there. We had asked that so it would read due to the numerous uses that are currently permitted in the I -L zone, a development agreement should be required as a condition of annexation. We also went on to say that there could be an outright restriction of certain uses, and, Mr. Gigray, if what we're approving as a condition – since we're doing it as an annexation and zoning with a conditional use permit, does that restrict that only to the storage unit proposal? Gigray: The conditional use permit should – I don't have the file in front of me – should specify the use which is granted by that permit. Stiles: But part of the development agreement, can we state that it is approved to be rezoned I -L but only for the use as they have proposed? And that will be the only use permitted? Gigray: Mr. Mayor, we do have a provision in our development agreement which describes approved uses in the development agreement, and, yes, we can include restrictions. You bet. And we do often. Stiles: That's what we would like to make sure that – I mean, either not planned residential development would be – could possibly be submitted through a conditional use permit if it's zoned I -L, there would be no restrictions on the use. The Item 16.2, it was taken from our comments on Page 2 of our comments dated September 14, 1999. Bird: (inaudible) Meridian City Council Pre -Council Meeting November 3, 1999 Page 5 Stiles: It is also on Page 12, Item 3.1. And then for the conditional use permit, Item, let's see — the conditional use permit, Findings of Fact, Page 21, Item 2.35, the second sentence should read drainage swale shall not be approved within the 20 -foot wide planting strip adjacent to Ten Mile Road. So there should be a "not" added. Rountree: What Item are we on? Corrie: What number is that, Shari? Stiles: Did you get that one? Corrie: Are we on Item 9 or 8? Bird: Nine. Stiles: Yeah. On the conditional use permit, that was Page 21, Item 2.35. Corrie: Mr. Rountree, do we have a development agreement, Shari? Stiles: No. I haven't seen anything. Corrie: (inaudible) Bird: (inaudible) Bentley: The development agreement would be on Item 8. Bird: Yeah. Corrie: That's what she was asking. ITEM 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR PHASE 3 OF ST. LUKE'S MERIDIAN MEDICAL CENTER -- BY ST. LUKE'S REGIONAL MEDICAL CENTER AT 520 S. EAGLE ROAD: Stiles: Item 10, 1 don't have any new information on that. I haven't completely gotten through on the Findings on it. That was pretty straight forward except the public road issue. Then the rest of this is continued public hearings and new public hearings. Corrie: Anything else? Stiles: Unless you have some questions on any of them. Meridian City Council Pre -Council Meeting November 3, 1999 Page 6 Bird: I have none. Corrie: I mentioned to the other two Councilmen that possibly on these requests for Comprehensive Plan Amendments, since Ron isn't here tonight, we may want to have all four of you here when you do take those up, that we might, we'll call for if there is anybody here for the Comprehensive Plan Amendments to — if they would be able to come the 16th and do all of them at one date rather than tonight, and if there was anybody that couldn't make that, then we might be able to hear that one, but I thought it might be wise to have all four Councilmen if there's a Comprehensive Plan Amendment changes that they might want to hear it. Okay. You want to take a five-minute break? Gary, anything on yours? F. YANKE MACHINE SHOP -APPEAL ORDER OR REMAND Berg: Thank you, Mr. Mayor. Late Friday I received a memo from Mr. Gigray dealing with the Yanke Machine Shop appeal that the Council approved last meeting. He had given me the order granting the appeal, and I was wondering or asking permission if we could put that on the Consent Agenda as long as we take a roll -call vote and approve that as a formality. Bird: Why not. Berg: We would need to have a roll -call vote for that Consent Agenda. Corrie: Yanke — order? Rountree: (inaudible) Bird: Do you want to put that, Mr. Mayor, as Item F? Corrie: I'll just put that as F, yeah. Berg: Thank you, Mr. Mayor, members of the Council. Corrie: Anything else? Okay. I'll entertain a motion to move to close the — Rountree: Move to close the Pre -Council meeting. Bird: Second. Corrie: Motion made and seconded. All approved say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:28 P.M. Meridian City Council Pre -Council Meeting November 3, 1999 Page 7 (TAPE ON FILE OF THESE PROCEEDINGS) I_1,,:101TA2191 ROBERT D. CORRIE, MAYOR 0469=0015 WILLIAM G. BERG, JR., CITY CLERK