Loading...
HomeMy WebLinkAbout2002 03-05Meridian City Council Meeting March 5, 2002 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 P.M. on Tuesday, March 5, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: William Nichols, Bill Musser, Gary Smith, Shari Stiles, Brad Watson, Ken Bowers, Dean Willis and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: All right. I will open the Meridian City Council Regular Meeting on Tuesday, March 5, 2002, at 6:30 P.M. at the City Council Chambers. Mr. Clerk, if you will give roll-call attendance, please. Item 2: Adoption of the Agenda: Corrie: All present. Thank you. Item Number 2 is Adoption of the Agenda. Council, is there any -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: On the Adoption of the Agenda, on the Consent Agenda, Items Number M, N, O, has been asked to be pulled and I would recommend that we -- for your approval to pull it to 5-M, 5-N, and 5-O and I believe that is it and with that. If there are no other changes, I would move that we adopt the Agenda as noted. McCandless: Second. Stiles: Mr. -- sorry. Corrie: Motion made and seconded. Shari. Stiles: We did receive a Position Statement on Item H. Corrie: H? Meridian City Council Meeting March 5, 2002 Page 2 Stiles: H. If we could pull that just to make a minor change, so it's consistent with the approval. Corrie: Okay. H. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With Mrs. de Weerd's approval I would move that we take Item H to 5-H. De Weerd: Second agrees. Corrie: Okay. Any other changes of Council or staff? All right on the Adoption of the Agenda with H and M, N, O to go to Item Number 5. Any further discussion? Okay. Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES 3. Consent Agenda: A. Approve minutes from February 26, 2002 City Council Special Meeting: B. Approve minutes from February 26, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: PFP 01-007 Request for Preliminary/Final Plat approval of 2 building lots on 1.46 acres in a C-G zone for Wenco Subdivision by Wenco – northwest corner of East Corporate Drive and East First Street: D. Findings of Fact and Conclusions of Law for Approval: PFP 01-008 Request for Preliminary/Final Plat approval of 4 building lots on 1.57 acres in an R-8 zone for Kearney Place No. 4 by Margaret Wood – south of East Chateau Drive and east of North Laughbridge Avenue: E. Findings of Fact and Conclusions of Law for Approval: AZ 00-019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development – northwest corner of North Meridian Road and West Ustick Road: F. Findings of Fact and Conclusions of Law for Approval: PP 00-018 Request for Preliminary Plat approval of 264 building lots and 31 other lots on 99.82 acres in an R-4 zone for Revised Cedar Springs by Kevin Howell Development – northwest of North Meridian Road and West Ustick Road: Meridian City Council Meeting March 5, 2002 Page 3 G. Findings of Fact and Conclusions of Law for Approval: AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development – northeast corner of East Ustick Road and North Meridian Road: H. Findings of Fact and Conclusions of Law for Approval: PP 01-015 Request for Preliminary Plat approval of 214 single-family lots, 4 future office lots, 23 common lots and 3.43 other lots on 69.79 acres in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt Development – northeast corner of East Ustick Road and North Meridian Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 01-026 Request for a Conditional Use Permit for 214 single-family dwellings, 4 future office lots and 23 common lots to include a neighborhood park and pedestrian pathways in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt – northeast corner of East Ustick Road and North Meridian Road: J. Findings of Fact and Conclusions of Law for Approval: AZ 01-025 Request for annexation and zoning of 7.83 acres from R-1 to C-G zones for proposed Silverstone Corporate Center Phase II by Sundance Investments – southeast corner of East Overland Road and South Eagle Road: K. Findings of Fact and Conclusions of Law for Approval: PP 01-025 Request for Preliminary Plat approval of 31 building lots on 7.83 acres in a proposed C-G zone for proposed Silverstone Corporate Center Phase II by Sundance Investments – southeast corner of East Overland Road and South Eagle Road: L. Findings of Fact and Conclusions of Law for Approval: CUP 01-043 Request for a Conditional Use Permit for High-Tech Fabrication, office, retail and Health Club in a proposed C-G zone for proposed Silverstone Corporate Center Phase II by Sundance Investments – southeast corner of East Overland Road and South Eagle Road: M. Findings of Fact and Conclusions of Law for Denial: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC – 2435 South Meridian Road: N. Findings of Fact and Conclusions of Law for Denial: CUP 01-029 Request for a Conditional Use Permit for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Meridian City Council Meeting March 5, 2002 Page 4 Kodiak Subdivision by Kodiak Development, LLC – 2435 South Meridian Road: O. Findings of Fact and Conclusions of Law for Denial: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC – 2435 South Meridian Road: P. Approve Application for Beer / Wine License by Lisa Fregoso for Tequila Grill Restaurante at 2031 E. Fairview Avenue Suite 103: Corrie: Item 3 is the Consent Agenda. We do have Items H -- excuse me, H, M, N, and O, has been pulled off the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approved the Consent Agenda as noted, with Items H, M, N. and O being moved to 5 on the Regular Agenda. De Weerd: Second. Corrie: All right. Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, please, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion to approve the Consent Agenda, with the exceptions as noted. MOTION CARRIED: ALL AYES Item 4: Department Reports: A. Public Works Department 1. Professional Services Contract with Interwest for WWTP UV, Grit Basin, and Outfall Project: Corrie: Department Reports. A. Public Works Department. Smith: Thank you, Mr. Mayor, and Council Members. The first item is a Professional Services Contract with Interwest Management. This is an agreement that we are bringing before you tonight to begin what's known as a partnering process between our contractor that's been selected to do the work for the Ultra-violet Head Works Project at Meridian City Council Meeting March 5, 2002 Page 5 the Wastewater Treatment Plant as one of the partners. The City of Meridian is one of the partners, and the design engineer Keller Associates as the third leg of the partnership. This is a new process for us. However, it has been successfully used for the City of Blackfoot on a project for their Wastewater Treatment Plant. It's been used by the City of Twin Falls for a project on their Wastewater Treatment Plant, and it's been very successful in reducing the misunderstandings, in smoothing out the change order process for construction contracts. In that regard, we have solicited a proposal from Wilma Strohmeier, who is the President of Interwest Management Associates to act as a facilitator for this partnering process between the three parties. Wilma has been working as a facilitator for the Blackfoot project, which is approximately a 3 million dollar project for the City of Blackfoot Wastewater Treatment Plant and according to the parties involved there it's been a very much worthwhile process for them. We did interview one other person for -- as a facilitator for this project and based on the interviews that Lynn Grady and I and Brad sat in on, we decided to select Wilma for your approval. Her proposal is 4,700 dollars on a time and material basis, not to exceed that amount. We would recommend that you approve the contract between the City of Meridian and Interwest Management Associates in this amount for Wilma Strohmeier to act as a facilitator in the partnering process for the Ultraviolet, Grid Basin, and Outfall Project. If you have any questions, I would be happy to answer them. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Gary, now we are purporting not to exceed 4,700. Is the other two parties paying not to exceed 4,700, too? Smith: No. This is the total amount. Bird: I thought this was a joint venture between the City and Turnkey and Keller. It looks like we are paying -- the facilitator, what is she going to do that the engineer shouldn't take care of or the contractor shouldn't take care of? Smith: I haven't been involved in the partnering process, Councilman Bird, so I don't know what the exact process is that she goes through. It's my understanding that she sets up a meeting of all the parties involved. Those people that will be working on the project and handling paperwork, doing the actual construction, and outlines who is responsible for all the elements of the project. How long it's going to take to process paperwork, when payments are made to the contractor, how change orders are handled -- there is just I guess a myriad of things that come up. They go through issues that each party feels are critical to the success of the project and they kind of prioritize these things. I'm not sure I'm -- I have much other information, other than what she has provided in her agreement -- her proposal. Bird: Mr. Mayor? Meridian City Council Meeting March 5, 2002 Page 6 Corrie: Mr. Bird. Bird: Well, Gary, what does the contract -- the general contract with Turnkey say? What you're telling me is she's doing something that the general contractors or construction manager does as part of their contract and the engineer has got certain -- within his agreement has got certain things that they have to take care of. It looks like we are paying extra to do some work for them that is part of their contract. Smith: There is part of their contract that requires some of this work. You're correct. I mean they look at the change orders, they check the pay estimates, and there is a part of the contract administration that they are responsible for. Correct. Bird: They are responsible for getting the bills to us on time. Smith: Right. Bird: Setting the schedule up. Make sure the specs are done. Smith: Correct. Bird: I feel if they want to hire somebody like this, those two go hire them. I think that the owners -- we shouldn't have to be paying that. We have signed a good faith contract for good money with those two firms and they can -- they can -- if they want somebody to construction manage it to for them and do the paperwork, they can go hire her. Smith: Well, she's not -- she's not going to do the paperwork that the engineer is responsible to do. She's not going to prepare the pay estimates that the contractor is required to submit. She's not going to create a schedule for the construction of the project. She's facilitating the process to make sure that everybody understands who is going to do what and if there are some problems that arise, then she's available to facilitate a -- she's available to facilitate the resolution or at least try to resolve any issues that come up between all the parties involved in this contract. Bird: That's what a general contractor and an engineer or architect is for. I mean we have signed a contract for them to do this -- this work with these specs in this amount of time. I mean -- Smith: Well, Councilman Bird, this last project is two years old and we had a terrible time getting it closed. For one reason or another, we just had problems in getting it finished. Bird: Then I think we better look at hiring us a construction manager to take care of all that work out there that takes care of it. I mean, you know, this -- to me this is -- if they think it's necessary to have it, those two firms can put up the money. Meridian City Council Meeting March 5, 2002 Page 7 Smith: I was the one that made the suggestion to do this. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess to follow up on what Councilman Bird is saying here, I mean this sounds to me like a staff function. This is an oversight over two contracting groups that are providing a service to the city and my estimate is this is about 55 hours of someone's time to do that. When I looked at the scope of work of what this person is agreeing to do, monitor the implementation of the agreement and assist with maintenance of the agreement as required throughout the life of the project, I don't even know what that is. How are we going to hold a person accountable to perform this task for 55 hours worth for 4,700 dollars when I don't even know what this -- I don't even know what this is supposed to mean, that a staff person couldn't do this. I mean you're saying you don't have the people or the time to manage these contracts -- and maybe -- as Councilman Bird said, maybe that's what we need to look at is having a staff person do this. I don't understand the reason to contract with somebody, a third party. I don't know how this benefits the city. It sounds like it benefits these other two companies and if that's the case, let them pay for it. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, just a little background about Keller and Turnkey. Turnkey had the -- had a substantial contract out -- I think it was the clarifier project at the Wastewater Treatment Plant and Keller is the design and review engineer on that project. These two entities did not get along well together on that project and it created delays. It created extra staff time and it created some problem to the extent to which Keller had to change staff members on the project toward the end. Keller also got sued by Turnkey over alleged slander and libel, to which our staff got dragged in on subpoenas for depositions, public document requests, and other things. Just for background that that's the setting when Turnkey submits the lowest responsive bid on this current project. So we have the situation we have two parties who have been at loggerheads that the staff has to work with and the city needs to get this project done on time, on budget, try to minimize or eliminate potential construction claims, contract claims, and those sorts of things. I just let you know that that's the background from which Mr. Smith was operating when he looked to use these services to try to facilitate this particular contract. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting March 5, 2002 Page 8 Bird: What does -- what does Turnkey's contract say? They will complete in a certain deal or penalty? Do we have a penalty in the clause and does Keller have a -- does Keller have a penalty in his clause if his specs are not right or -- or something like that? Smith: Typically, Councilman Bird, the construction contract with the contractor does have a time -- construction time requirement. It does have a liquidated damage clause. We do not have a penalty clause with the engineer. Bird: Gary, if they have had this big of a loggerhead between the two firms, how is this gal or this firm going to go in there and change it? What she is -- you're saying she's not going to be making out bills, she's not going to be making the change orders, she's not going to be doing this and she's not going to be doing that. Smith: Correct. Bird: It sounds like -- it sounds like either the specifications was not clear when they were bid and there is problems over that or the contractor missed stuff. Smith: I don't know. I couldn't speak to the contractor. I think we reviewed the specifications and they were more than adequate to construct the project. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I appreciate Mr. Nichols' background on this. Actually, it makes me feel worse. We are hiring a person, because these two firms can't talk to each other and get along and so we are going to foot the bill so they don't have to converse together, they can work through a third party. That's what it sounds like to me. So I understand why you would want to get the project done and get it over with and this is a way to facilitate that, but this is a problem between two other firms that can't get along and the City of Meridian is footing the bill to make them be friends. Well, why don't they pay the 4,700 dollars and they can go have a third party do it. Why are we having to pay for it to get the results of the contract, where the law says we get the lowest bid and because one of the companies is a low bidder that doesn't get along with the general there? We then have to hire a third person just to make them get along so they can talk to each other. I don't see the city getting a good benefit out of this. I understand why you choose to do that, Gary, but I don't see the city benefiting out of this 4,700 dollars. I don't see why these companies shouldn't be paying it or they should just get the work done and they can go deal with their problems elsewhere. Corrie: I guess, Gary, following up all of that, we don't even have a guarantee that she - - that this firm is going to be able to get anything done anyway. They may just bow their back and say we don't want to talk and then we are 4,700 dollars out and we still haven't -- is there some other way that we can -- I mean we have got a clause that one Meridian City Council Meeting March 5, 2002 Page 9 has to finish or be penalized. I would think that they would want to come to the table and get it done. Smith: I don't know. Corrie: Are we assured that this 4,700 dollars is going to get us the end result we want? Smith: I know that her efforts at Black Cat have been positive. Black Cat -- Blackfoot have been positive. Corrie: Have you talked to the other two people, the two companies, to ask if they would want to have a facilitator between the two of them rather than us? Smith: I have not. Corrie: Okay. Council, any other questions or debates or -- okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Maybe the bottom line, Gary, I mean if we don't approve this agreement what happens? Smith: Well, we just go down the same road we have been down before, Councilman Nary. Nary: We hold those companies accountable when we have a contract with them and -- Smith: That's correct. Nary: And if we need to, maybe we need to look at it from a staffing standpoint, if that's something that -- is this a recurring problem with this company or with our projects or -- Smith: It has been pretty much a difficult situation. Nary: Because of the particular companies involved or because of what? Smith: I guess that would be an accurate statement. Nary: Which? It's the companies involved? Smith: Correct. Nary: Okay. Meridian City Council Meeting March 5, 2002 Page 10 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I do have one more question. Gary, how long do you hold the construction bond before you release it? Smith: The performance and payment bond? Bird: Yes. Smith: I believe they are one year following the completion of the contract. Bird: So if we get shoddy work you can always come back if they don't fix it right? Smith: I assume that's a possibility. Bird: Okay. Corrie: Any other discussion? Hearing none, I will entertain a motion on the request for facilitator contract service. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess for the sake that we have a discussion, I will make a motion that we deny the request for a professional services contract with Interwest Management for the Wastewater Treatment Plant for the UV, Grit Basin, and Outfall Project. I don't believe there has been a need demonstrated that we couldn’t do this internally, that our contracts aren't sufficient to deal with this particular problem, that we don't have stuff able to manage this problem. Bird: Have you got a second before we discuss? Nary: I'm just telling the why. De Weerd: That's all part of the motion. Nary: That's just the reasons -- I just wanted to put on the record the reason why I'm making the motion. I don't know that we have received enough information to be able to do that, so -- Corrie: The motion is -- Meridian City Council Meeting March 5, 2002 Page 11 Bird: I will second it. Corrie: Okay. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I'd like to ask Gary one last time. Gary, do you feel that our contracts are sufficient to insure that this work is done? Is this an issue of staff time to enter into this and, if so, would it be considered to split it three ways or -- you know, I agree. I don't think that the city should bear the total cost of this, because it seems like it's not really -- it's not an issue because of anything the city has done. Is that why we are entering into or looking at something like this, because this has just capped out your staff time? Smith: Council Member de Weerd, Mayor and Council, the contract documents are adequate to construct the project. I feel that they are. De Weerd: Is there a but in there? Smith: No buts. De Weerd: Okay. Okay. I have nothing further. Corrie: Okay. Any other discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. MOTION CARRIED: ALL AYES Corrie: I guess we better talk about this again, Gary, with that. Okay. Smith: Pardon me? Corrie: Thank you. We -- no. Smith: The next item Brad will outline for you. 2. Design and Construction Agreement with ACHD for Overland Road Bridge (ACHD Project No. 502005): Approve with modifications Meridian City Council Meeting March 5, 2002 Page 12 Watson: Mayor and Council Members, the next item is a joint agreement with the Ada County Highway District to include -- not a water main in their design, but to reconstruct or redesign their bridge extension on Overland Road over Ten Mile Creek just east of Meridian Road to accommodate us to leave our water main where it is. Their proposal includes a not-to-exceed amount of 7,100 dollars for the privilege of leaving our water main where it is, as opposed to our estimated cost of 8,800 to relocate it ourselves. There is a draft agreement that hopefully got into your packet. The one thing that I want to make sure the motion includes, if you so desire to approve this, is that they include the cast and place concrete section as a bid alternate, so that if the bids come in higher than their estimates we can elect not to proceed with that construction. In that event, we would still be obligated to pay or reimburse ACHD in the design cost, which is $3,916.00. So if we approve this agreement -- if you approve this agreement, we will be paying them 3,900 automatically to redesign their bridge section to use a cast -- or a cast and place section. If we don't approve this agreement, then we will proceed with getting our own contractor to lower that water main, which these are all estimates, except for an engineering cost. We estimate that it will be a higher cost for us to do it, we just don't know until they formally bid this project. I would be happy to answer any questions if you have any. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like our attorney's opinion on the contract to make sure -- I don't know if he’s looked it at and stuff. I have no problem with the project. Nichols: Mr. Mayor, Councilman Bird, Members of the Council, the contract appears adequate. However, it doesn't have -- what it doesn't have is what Mr. Watson was explaining to you, which is the requirement that the cast and place be put in as a bid alternate and also that the city would have the say as to whether or not to go forward with that. That needs to be put into this agreement. Other than that, the form of the agreement is fairly straightforward and I don't see any problems with it. Bird: Thank you, Bill. Corrie: Any other comments, questions, from Council? Bird: I have none. Corrie: Okay. With that being the question, recommend approval of the contract for the City of Meridian and Ada County Highway District to design and construction on the Overland Bridge over Ten Mile Creek, I'll entertain a motion to that effect with the attorney's input. De Weerd: Mr. Mayor? Meridian City Council Meeting March 5, 2002 Page 13 Corrie: Mrs. de Weerd. De Weerd: I move we approve the contract between the City of Meridian and Ada County Highway District for design and construction of the Overland Road Bridge over Ten Mile Creek for a not-to-exceed amount of 7,100. Including modification of the agreement to allow the construction item to be an add alternative, to also include wording as suggested by our attorney cast and place bid alternative, and that the city would have -- the city to go forward with that and authorize the Mayor to sign and the Clerk to attest with those corrections. Bird: Second. Corrie: Okay. You heard the motion on the design and Construction Agreement. Any further comments or discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Watson: Thank you, Mayor, and Council Members. Item 5: (Items Moved from Consent Agenda) M. Findings of Fact and Conclusions of Law for Denial: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: N. Findings of Fact and Conclusions of Law for Denial: CUP 01-029 Request for a Conditional Use Permit for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: O. Findings of Fact and Conclusions of Law for Denial: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum Length requirement and to allow the public road being proposed to Exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Corrie: Thank you. Now to Item 5, which are the items moved from the Consent Agenda. We have Items 5 M, N, and 0. Meridian City Council Meeting March 5, 2002 Page 14 De Weerd: H as well. Corrie: Pardon? De Weerd: H. Corrie: I know we have H, but it was second to come off. However you want to do it. De Weerd: It doesn't matter. Corrie: Items Number 5 M, N, and O, let's do that one and get it done first. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: As all of us were at the joint ACHD and Council City meeting last night or yesterday afternoon for lunch, this wasn't specifically brought up -- this project wasn't specifically brought up. It was recommended to go back and have the staffs work on this kind of stuff. The reason that I asked to have this brought -- at least brought to the general deal is I would like to see -- and we also got a request from the developer that - - that we pull it off and look at it at the denial. I would like to see it -- see us table this to another date and give the staff from ACHD and Meridian and also our attorney time to work and see what can be done in something like this case. Corrie: Do we have a date, Mr. Bird? Bird: That wasn't a motion, but -- Corrie: I know, but -- Bird: What would be -- I'd like to ask the staff and -- Shari, what kind of a date? A couple of weeks? Three weeks to -- Stiles: Could we bring it back on April 2nd ? Bird: April 2nd . Stiles: Would that work? Bird: That would be fine with me. Is that fine with -- that will give you and Christy and their staff and our staff and Mr. Nichols time to look at this? Stiles: Yes. Meridian City Council Meeting March 5, 2002 Page 15 Bird: Okay. Mr. Mayor, I would make that as a motion, then, that we table Items M, N, and O, the Kodiak Development Items, until April 2, 2002. Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? I guess I have one question. Mr. Nichols, is there anything new that will be brought into this? If so, do we not need a Public Hearing? Nichols: Mr. Mayor and Members of the Council, I don't know yet if there is something new to be brought in. I mean there is at least the possibility of some new stuff brought in and I would expect that would be part of what staff would come back to you with is whether this should be reconsidered and, if so, whether to schedule another Public Hearing for it. Corrie: Any other further discussion? Then it would be -- the motion is to table until April 2, 2002, with staff and attorney and ACHD staff to get together. All those in favor of that motion say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES H. Findings of Fact and Conclusions of Law for Approval: PP 01-015 Request for Preliminary Plat approval of 214 single-family lots, 4 future office lots, 23 common lots and 3.43 other lots on 69.79 acres in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: Corrie: Now we have Item H, which was pulled off. This is a request for a Preliminary Plat on Sundance Subdivision to hold off for some additional information from staff. Shari? Stiles: Mr. Mayor and Council, we did receive a Position Statement from the applicant's representative today. We do agree with that Position Statement, specifically on the Preliminary Plat finding on Page 5. Corrie: Shari, I don't think that -- I don't have it. None of us have received this. Stiles: Oh, the Position Statement? Well, if I can explain the requested changes to you. Corrie: We have got one copy. Okay. Everybody got it. I will look on Mr. Nary's. Okay. Sorry, Shari. Stiles: Page 5, the first paragraph line eight that begins with process. The next two sentences should be removed. That's discussing that it's premature to annex the Meridian City Council Meeting March 5, 2002 Page 16 proposed subdivision and since this is being approved -- or you have approved it -- with the findings you will be approving it that would need to be removed. Also on Page 6, Paragraph 12, that paragraph should be stricken in its entirety, because it -- one, it relates to the Conditional Use Permit and upon your approval of the Findings of Fact and Conclusions of Law it would indicate that you are approving the project as presented and would not require those changes. If you will remember, we did discuss having a pedestrian bicycle connection to the office complex and the Council did approve that plan with the access to Meridian Road with a pedestrian walkway. With those two changes, we would recommend approval of the Findings for Item H. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I got one question. When did -- when did Briggs Engineering and their applicant get this Findings? We just got these in our box today, this back, and we have been trying to enforce that if we get it on the day of the deal we are not going to act upon it. Do you know when the Findings -- when they got the Findings? Stiles: I couldn't speak to that. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, they could not have gotten them any sooner than the day the Clerk received them, which was February 28th . They got them that day or the next day. Thursday. Bird: Thursday. De Weerd: Mr. Mayor? Corrie: Go ahead, Mr. Berg. Berg: Thank you, Mr. Mayor, Members of the Council. We may have received them, but we prepare the packets on Friday and we don't make the phone calls until Friday afternoon. It is probably a possibility they didn't even get to pick them up until Monday. Just in regard to the applicant, there is three parts to this project and it deals with annexation, Preliminary Plat, and the CUP. There are several documents they had to read through to analyze some of these corrections. Corrie: Mrs. de Weerd. De Weerd: Well, my comment was that these are actions that we have taken and the process of approving them, so there is no reason not to. Meridian City Council Meeting March 5, 2002 Page 17 Bird: Oh, I know that, but -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Okay. Well, I will make a motion to approve the Findings for the request for a Preliminary Plat of 214 single family lots, 4 future office lots, 23 common lots and 3.43 other lots on 69.79 acres for the proposed Sundance Subdivision. To include the changes as discussed on Page 5, part of Item Number 3, to strike the two sentences starting it is found that and ending with the existing city sewer system and on Page 6 to delete Item Number 12, ask the Mayor to sign and Clerk attest. Bird: Second. Corrie: Okay. Motion made and seconded to approve the Preliminary Plat, to include the changes and staff comments. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is carried for the Preliminary Plat. MOTION CARRIED: ALL AYES Item 6: Ordinance No.________________: AZ 01-019 Request for annexation and zoning of 4.25 acres from RUT to C-N zones for LDS Church by Larry Maurer - south of East Franklin Road and east of South Locust Grove: Corrie: Item Number 6 is an Ordinance, Number 02-938, request for Annexation and Zoning of 4.25 acres from RUT to a C-N zone for an LDS Church by Larry Maurer, south of East Franklin Road and east of South Locust Grove. Mr. Clerk, if you will read Ordinance Number 02-938 by Title only at this point. Berg: Thank you, Mr. Mayor, and Members of the Council. Ordinance Number 02-938. An Ordinance finding that certain land to be known as LDS Church south of East Franklin Road and East of South Locust Grove Road and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho. Finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Neighborhood Business District (C-N); and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho. Repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho and Meridian City Council Meeting March 5, 2002 Page 18 directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: All right. You have heard the reading of City of Meridian Ordinance 02-938 by Title only. Is there anyone from the public that would like to have it read in its entirety? Hearing none, I will entertain a motion from Council on Ordinance Number 938. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve Ordinance Number 02-938. Bird: Second. Corrie: With suspension of rules? Bird: Suspension of rules. McCandless: With suspension of rules. Corrie: Okay. Motion has been made and seconded to approve Ordinance Number 02- 938 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Bird: All ayes. Motion carries. Mr. Mayor, if I may make a note that if you will notice at the end of the Ordinance the attorney has prepared the information as Mr. Nary pointed out, so on every Ordinance we will have the first, second, third and the option of the suspension of rules. MOTION CARRIED: ALL AYES Item 7: Ordinance No._________________: AZ 01-023 Request for annexation and zoning of 5.97 acres from RUT to R-4 zones for proposed Inglenook Subdivision by Providence Development Group, LLC - 2720 South Locust Grove Road: Corrie: Thank you. Item Number 7. This is an Ordinance, request for annexation and zoning of 5.97 acres from RUT to an R-4 zone for proposed Inglenook Subdivision by Providence Development Group, LLC. Ordinance Number 02-939. Would the Clerk, please, read Ordinance Number 02-939 by Title only at this time? Meridian City Council Meeting March 5, 2002 Page 19 Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-939. An Ordinance finding that certain land to be known as Inglenook Subdivision located at 2720 South Locust Grove and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho and finding that the owner has made a request for annexation in writing to the Council. That said land be annexed to the City of Meridian and zoning designated Low Density Residential District (R-4); and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho. Repealing all ordinances, resolutions, orders, or parts thereof in conflict herewith and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho. Directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: You have heard the reading of Ordinance Number 02-939 read by Title only. Is there anyone present who would like to have it read in its entirety? Okay. Hearing none, I will entertain a motion on Ordinance Number 02-939. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approved Ordinance Number 02-939 with suspension of rules. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance Number 03- 939 with suspension or rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried on the Ordinance. MOTION CARRIED: ALL AYES Item 8: Ordinance No._________________: RZ 01-007 Request for rezone of 3.35 acres from R-8 to C-C zones for Sol C. Yaun by Hubble Engineering Inc. - 725 East Fairview Avenue: Corrie: The next item is Item Number 8, Ordinance Number 02-940, which is a request for rezoning of 3.35 acres from R-8 to C-C zone for Sol C. Yaun by Hubble Engineering. Mr. Clerk, could you read Ordinance Number 02-940 by Title only, please. Meridian City Council Meeting March 5, 2002 Page 20 Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-940. An Ordinance finding that the Estate of Allen Gentry, owner of certain real property has made a written request for rezone of the zoning classification for real property that lies within the boundaries of the City of Meridian from R-8 (Medium Density Residential District) Zoning District to C-C (Community Business District) as defined under Meridian City Code Section 11-7-2 I, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith; and directing the City Engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Corrie: You have heard the reading of Ordinance Number 02-940 by Title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, I will entertain a motion on Ordinance Number 02-940. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance Number 02-940, RZ-01-007, request for a rezone of 3.35 acres from R-8 to a C-C zone and ask for the suspension of rules. Bird: Second. Corrie: Motion has been made and seconded. Any further discussion? Roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Mr. Clerk, on this one -- I noticed on this one it says Ordinance Number 01 and it's blank. Make sure it's -- MOTION CARRIED: ALL AYES Item 9: Ordinance No._________________: AZ 01-024 Request for annexation and zoning of 4.0 acres from M-I to I-L zones for Idaho Trucking Specialties by Victory Properties LLC - 600 N. Eagle Road: Corrie: Okay. Item Number 9 is an Ordinance requesting for annexation and zoning of 4.0 acres from M-I to I-L zone for Idaho Trucking Specialties by Victory Properties, LLC. Be Ordinance Number 02-941. Ask the Clerk to read that Ordinance by Title only, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-941. An Ordinance finding that certain land to be known as Idaho Truck Specialties located on the northeast corner of Eagle Road and Commercial Court and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho. Finding that the owner has made a request for annexation in writing to the Council and that said Meridian City Council Meeting March 5, 2002 Page 21 land be annexed to the City of Meridian and zoning designated Light Industrial District (I-L); and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho. Repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50- 223 and Section 63-2215. Corrie: You have heard the reading of Ordinance 02-941 by Title only. Is there anyone present that would like to hear the Ordinance in its entirety? Hearing none, I will entertain a motion on Ordinance Number 02-941. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of Ordinance 02-941 and, additionally, pursuant to Idaho Code 50-902 we also suspend the reading of the rules. McCandless: Second. Corrie: Motion has been made and seconded to approve Ordinance Number 02-941 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried on Ordinance Number 02-941. MOTION CARRIED: ALL AYES Item 10: Ordinance No.________________: AZ 01-020 Request for annexation and zoning of 3.58 acres from R-1 to R-8 zones for proposed Silhouette Subdivision by Tyler Torkelson - east of North Meridian Road and south Of East Ustick Road: Corrie: Item Number 10, proposed Ordinance Number 02-942, request for annexation and zoning of 3.58 acres from R-1 to R-8 zone for proposed Silhouette Subdivision by Tyler Torkelson, east of North Meridian Road and south of East Ustick Road. Mr. Clerk, if you would read Ordinance Number 02-942 by Title only, please? Berg: Thank you, Mr. Mayor, and Members of the Council. Ordinance Number 02-942. An Ordinance finding that certain land to be known as Silhouette Subdivision located east of North Meridian Road and south of East Ustick Road and which lies contiguous Meridian City Council Meeting March 5, 2002 Page 22 or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho. Finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8); and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho. Repealing all ordinances, resolutions, orders or parts thereof in conflict herewith; and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: You have heard the reading of Ordinance 02-942 by Title only. Is there anyone in the audience that would like to have it read in its entirety? Hearing none, I will entertain a motion on the Ordinance 02-942. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance Number 02-942, annexation and zoning of 3.5 acres by Silhouette Subdivision with suspension of rules. McCandless: Second Corrie: Motion has been made and seconded to approve Ordinance Number 02-942 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Ordinance is approved. MOTION CARRIED: ALL AYES Item 11: Tabled from February 19, 2002: FP 02-001 Request for Final Plat approval of 56 building lots and 3 other lots on 16.97 acres in an R-4 zone for Tricia's Subdivision No. 3 by Autumn Faire, LLC - east of North Black Cat Road and south of West Ustick Road: Corrie: Item Number 11 was tabled from February 19, 2002, which is a request for Final Plat approval of 56 building lots and 3 other lots on 16.97 acres in an R-4 zone for Tricia's Subdivision No. 3 by Autumn Faire, LLC. This was requested to be tabled for this meeting by Mr. R. Scott Stanfield so that they could be here to comment. Staff comments, please. Meridian City Council Meeting March 5, 2002 Page 23 Stiles: Mr. Mayor and Council, this is for what was originally approved as Autumn Faire Subdivision. This phase of the plat is the area north of the Sky Pilot Drain. They have modified the plat slightly to make some larger lots and we have prepared comments for your review and we would recommend approval with all staff and agency comment. Corrie: All right. Is the representative here this evening? Stanfield: Mr. Mayor and Council Members, I'm Scott Stanfield of Earl and Associates, 314 Badiola in Caldwell, and I'm here to say we support all the conditions required and we don't have any problems or issues with it. Corrie: Okay. Very good. Any questions from the Council? Okay. Then I will entertain a motion for the request for Final Plat for Tricia's Subdivision No. 3. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve FP 02-001, request for Final Plat approval of 56 building lots and 3 others lots on 16.97 acres in an R-4 zone by Tricia's Subdivision No. 3 and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order and to include all staff comments. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the Final Plat on 02- 001, according to the motion. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Is it Tricia's Subdivision? Is that what it is? Stiles: Yes. Corrie: Any other discussion? Then, Mr. Berg, roll-call vote, please. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Request for Final Plat has been approved. MOTION CARRIED: ALL AYES Item 12: Continued Public Hearing from February 19, 2002: AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones Meridian City Council Meeting March 5, 2002 Page 24 for proposed Berkeley Square Subdivision by Wardle and Associates – 1025 North Ten Mile Road: Item 13: Continued Public Hearing from February 19, 2002: PP 01-022 Request for Preliminary Plat approval of 34 building lots and 7 other lots on 4.83 acres in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Item 14: Continued Public Hearing from February 19, 2002: CUP 01-040 Request for a Conditional Use Permit for a Planned Development for 34 townhouses in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Corrie: Item Number 12, 13, and 14 is a Continued Public Hearing from February 19th . Item 12 is a request for annexation and zoning by Berkeley Square Subdivision, Item 13 is a Continued Public Hearing on the Preliminary Plat, Berkeley Square Subdivision, and Number 14 is a Conditional Use Permit for a Planned Development, townhouses, for Berkeley Subdivision. At this time, with the Council's approval, I will open all three, continue the -- Item 12, 13, and 14 and enter any testimony tonight to be on all three on the record. At this time, I will continue the Public Hearing and staff comments first. Stiles: Mr. Mayor and Council, this is for the property on Ten Mile Road. It's located immediately east of the Chaparral Elementary and it also touched the corner of what was previously approved as Valerie Heights. If you will recall at the last meeting there were some issues regarding the Uniform Fire Code and the Fire Department's issues with the proximity of the units to each other. They are proposing that the five foot per story setback be waived as part this Planned Development and that they be allowed to have the two story buildings built to -- within 10 feet of each other. I believe you have a memo from either Dave McKinnon or Joe Silva. He did meet with Joe Silva. Mr. Silva did not find anything in the Uniform Fire Code that would prevent such an approval. However, the applicant is not guaranteed an approval of the requirements of the ordinance for which he requests a waiver. If you will also recall, they had originally come in with a plan that showed areas with common open space as part of the interior islands of the roadway. They were also proposing a one-way street configuration. This was the changed plat after attempting to meet all conditions of all the agencies. They are proposing five-foot frontages for all of these lots, which would yield this 20 foot shared driveway for the unit. I believe that's all the additional information I have and I'm not sure where to go with this one. Corrie: Okay. Any questions of staff at this point? Bird: I have none. Corrie: Mr. Wardle. Wardle: Good evening, Mayor. Meridian City Council Meeting March 5, 2002 Page 25 Corrie: Raise your right hand. Is the testimony you are about to give here tonight the truth, the whole truth, and nothing but the truth, so help you God? Wardle: It is. Corrie: Thank you. Name and address, please. Wardle: For the record, my name is John Wardle. My address is 50 Broadway Avenue in Boise. Thank you for letting me come this evening and I noticed that we started a little bit earlier than we did last time, so let's hope this will be better. Corrie: You still have three minutes. Wardle: Three minutes. Tonight the project before you is Berkeley Square. It's 4.83 acres and we have a project with 35 single family detached homes. It's -- originally it was proposed as a townhouse project, but it's a detached single-family project now. Before you, you have an application for annexation and rezone and a Conditional Use Permit for a Planned Development. As Shari described, our project is located on Ten Mile Road. We are adjacent to Chaparral Elementary School and we are fronting on Ten Mile Road. A couple things to bring up. We have a common area dedicated -- proposed to be dedicated adjacent to Chaparral Elementary School. We are going to put a micropath connection to the elementary school and work with the school district, they were supportive of that. We found that the neighbors across the street are also happy to see that there is a more direct connection to that elementary school. We have proposed a stub street to the north for future access, cross-access into that project, and also the project does have five common driveways that a number of the homes will share to take access to the main street coming through. We -- at the last Public Hearing there was some questions about fire. It turned out fire had not received a copy of the plan. We met with Mr. Silva and in your packet this evening we have provided you with a memo. We worked through some issues with him on fire safety issues and we are in agreement with the memo that's in front of you this evening. We can work with those and address those concerns. Also provided to you were a rendering and a site plan depicting the setbacks and how the building footprint would work. For the record, the plan that we have, the houses that we are proposing will fit on those lots within the envelope that's depicted there. Yes, we are proposing a five-foot setback with no additional setback per story. As it was noted in Mr. McKinnon's memo to you, these setbacks are not uncommon in the City of Meridian, they have been approved in Woodbridge, it was noted that they were proposed in Kodiak, which is still up for, I understand, some further review. They have also been approved -- I believe they were approved in some phases of Bridgetower, as well as Thousand Springs. It's not uncommon to see this. We do meet the standards both for USC and DVC. We don't think it's an unreasonable request to have ten feet of separation between structures in this location. We have had an opportunity to review the Findings of Fact and Conclusions of Law as written up by staff, by your City Attorney. At the last Public Hearing, I addressed a couple of those. In Case Number AZ 01-021, which is the Meridian City Council Meeting March 5, 2002 Page 26 annexation, the applicant -- we concur with all the Findings of Facts and the recommendation as were listed in the -- in that memo from your City Attorney. In Case Number PP 01-022, which is Item Number 20 of the February 19th City Council meeting, just a couple clarifications. On Page 1, Number 2, the owner of record, the subject is Jake Centers. That was mis-correctly -- or misstated in that. Also, in Number 1, on Page 1, Number 7, the applicant proposes to develop the subject property in the following manner. 35 building lots and 15 other lots. Looking through the CUP 01-040, we are in agreement with the Findings of Fact and Conclusions of Law and, as I stated last time, there was some -- I wanted some clarification on whether the setbacks were addressing that issue or whether they were addressed in the staff report as we proposed them and if that was sufficient. We feel that this is a good project. It will provide a type of housing -- although it wasn't a townhouse project, but a product that will be well designed, well built, and we are excited to get the project moving forward to development in the next six months, if not sooner. I'll stand for any questions that you might have for me or I would take an opportunity for rebuttal at the end of the Public Hearing. Corrie: There goes your rebuttal if we don't have any -- okay. Wardle: Thank you. Corrie: Thank you. Is there anyone from the audience that would like to enter testimony at this time on this project? Okay. Hearing no comments, Council, any other discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing. McCandless: Second. Corrie: Motion has been made and second to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Okay. Discussion? All right. We'll take them one at a time here. Item Number 12 is the request for annexation and zoning, Number AZ 01-021. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting March 5, 2002 Page 27 Nary: I would move the approval of the request for annexation and zoning of -- I guess it would be AZ 01-021 of 4.83 acres from RUT to R-8 zone for the proposed Berkeley Square Subdivision at 1025 North Ten Mile Road. Bird: Second. Corrie: Motion has been made and seconded to approve the request for annexation and zoning on AZ 01-021. Nary: I guess I need to clarify and for the attorney to prepare Findings of Fact and Conclusions of Law and the appropriate papers. Bird: I agree. Corrie: Second agrees. All right. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just one editorial comment and that would be I much prefer the first plan and it's very unfortunate that our ordinances doesn't support it, but it was much more pleasing to the eye or something than this, but this meets all of our requirements and ordinances, so I just had to say it, though. I do appreciate your first attempt. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I did also forget in the motion to approve the annexation that that would also include all the comments by the Fire Department as well. They are included in the staff comments, but -- Bird: That -- yes. The second agrees. Corrie: All right. Any further discussion? Roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Corrie: Item Number 12 is a request for annexation and zoning -- excuse me. For the Preliminary Plat 01-022 of 34 building lots and 7 other lots on 4.83 acres. Meridian City Council Meeting March 5, 2002 Page 28 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of Item PP 01-022, request for Preliminary Plat for 34 building lots and 7 other lots on 4.83 acres in a proposed R-8 zone for proposed Berkeley Square Subdivision, 1025 North Ten Mile. To include all staff comments and to include the Fire Department's as well, with regards to the plat, and all the appropriate paperwork to be prepared in conformance with that. De Weerd: Second. Bird: Second. Corrie: Okay. Motion has been made to approve PP 01-022, Preliminary Plat, with all staff comments and the attorney to draw up the proper paperwork. Any discussion? Hearing none, Mr. Berg, roll-call vote, please. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved for the Preliminary Plat. MOTION CARRIED: ALL AYES Corrie: Item Number 14 is the CUP 01-040, Conditional Use Permit for a Planned Development for 34 townhouses in the Berkeley Square Subdivision. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of CUP 01-040, request for a Conditional Use Permit for a Planned Development for 34 townhouses in a proposed R-8 zone for the proposed Berkeley Square Subdivision at 1025 North Ten Mile. To include all staff comments, including the Fire Department's comments and the staff and prepare all appropriate paperwork. McCandless: Second. Corrie: Motion has been made and seconded to approve the Conditional Use Permit on a Planned Development of the Berkeley Square Subdivision, to include all staff comments and the attorney to draw up the paperwork. Further discussion? Hearing none, roll-call vote, Mr. Berg. Bird: Mr. Mayor, before you start your roll-call vote. Meridian City Council Meeting March 5, 2002 Page 29 Corrie: Okay. Bird: May I interject something on the motion? I think -- it states in here -- and I don't know what it would do in our motion, but it's for 35, not 34 townhouses is that not right? Wardle: For the record John Wardle. It's 35 single-family homes. They are not townhouses. Bird: Okay. Thirty-five single family. Nary: I'm sorry. I will change that. Thirty-five single-family homes to be constructed. Corrie: Thank you, Mr. Bird. Okay. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion approved for the Conditional Use Permit for a Planned Development for 35 single homes in Berkeley Square Subdivision in an R-8 zone. Bird: Mr. Mayor, before we go any farther, can we get a clarification also? Corrie: Okay. Bird: On the -- and I'm sorry to -- on the Preliminary Plat that's 35 building lots, instead of 34 also am I not right? Corrie: Okay. I think that's okay. Yes. Thank you. MOTION CARRIED: ALL AYES Item 15: Public Hearing: CUP 01-042 Request for a Conditional Use Permit for a Building Structure to be used as a Daycare Center in an L-O zone for Dreamland Education Center by Monvand Enterprises, LLC - south of East Leslie Drive and west of North Eagle Road: Corrie: Okay. Item Number 15 is a Public Hearing, request for a Conditional Use Permit for a building structure to be used as a daycare center in an L-O zone for Dreamland Education Center. I will open the Public Hearing on the request for a Conditional Use Permit and invite staff's comments first. Stiles: Mr. Mayor and Council, this is for a daycare known as Dreamland Education Center. They currently have a facility on Franklin Road, the Castle, if you may be familiar with that. They have -- they are proposing two lots within the John Barnes Development on Eagle Road to be used as a daycare. I'm not sure why the road shows up as it is now on this plat. I thought this plat actually showed a public road going to it, but there may be some error with the data that we have. We have prepared comments Meridian City Council Meeting March 5, 2002 Page 30 for this application. Dave McKinnon has been in contact with the Architect, Larry Knopp this afternoon. He is in total agreement with all of the comments and we would ask for your approval with all staff and agency conditions. Corrie: Any comments from Council for staff? Is the developer here? Actually, the request for the daycare center -- is the testimony you're about to give here tonight the truth, the whole truth, and nothing but the truth, so help you God? Knopp: It is. Corrie: Thank you. Knopp: Mr. Mayor and Members of the Council, my name is Larry Knopp, 355 South Third Street, Boise. I'm the Architect on the project representing the applicant. We have reviewed all the conditions with Planning and Zoning and we are in concurrence with all of them. Corrie: Any questions of Mr. Knopp? Okay. Very good. Thank you, sir. Is there anyone else from the public that would like to issue testimony on this request? Okay. Hearing none, any other comments from staff or Council at the Public Hearing? Hearing none, I will entertain a motion to close the Public Hearing at this time. Bird: Mr. Mayor, I move we close the Public Hearing for the Conditional Use Permit on CUP 01-042. De Weerd: Second. Corrie: Seconded by Mrs. de Weerd. Further discussion? All those in favor of the motion say aye. Opposed no. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion on the request for Conditional Use Permit? Hearing none, I'll entertain a motion, then, on the request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the request for a Conditional Use Permit for a building structure to be used as a daycare center in an L-O zone for Dreamland Educational Center by Monvand Enterprises, LLC. South of East Leslie Drive and west of North Eagle Road and for the attorney to draw up the proper papers with staff comments. De Weerd: Second. Meridian City Council Meeting March 5, 2002 Page 31 Corrie: Okay. Motion has been made and second to approve the request for a Conditional Use Permit and to include all staff comments and for the attorney to draw up the Findings of Fact and Conclusions of Law. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion has been approved. MOTION CARRIED: ALL AYES Item 16: Public Hearing: CUP 01-044 Request for a Conditional Use permit for a 92 room hotel, one single story office building and one two story office building in a C-G zone for Hampton Inn Hotel by Meridian Hampton Center LLC - southwest corner of Allen Street and Gentry Way: Item 17: Public Hearing: PFP 01-010 Request for Preliminary/Final Plat approval for 3 building lots on 4.10 acres in a C-G zone for Hampton Inn Subdivision by Pinnacle Engineers, Inc. - southwest corner of Allen Street and Gentry Way: Corrie: Item Number 16 and 17 is a request -- Item Number 16 is a request for a Conditional User Permit for a 192 room hotel, one single story office building, and one two story office building in a C-G zone for Hampton Inn Hotel by Meridian Hampton Center, LLC, the southwest corner of Allen Street and Gentry Way. Item Number 17 is a request for a Public Hearing for a Preliminary and Final Plat on the same three building lots on 4.1 acres in a C-G zone for Hampton Inn Subdivision by Pinnacle Engineers. At this time, I will open the Public Hearing on Items 16 and 17 and invite staff comments first. Stiles: Mr. Mayor and Council, this is for property that was formerly annexed and approved under a Conditional Use process for Sonntag Eye Associates. They have since changed their plans and that is why the property is available for this proposal. The Development Agreement was very specific in its requirements. What was approved was a single 60,000 square foot medical facility, medical office building, and while in other instances we would request that that amendment be formally made prior to approval of the Conditional Use Permit, we don't feel that the needed amendment is enough significance to hold them up, if that's what the Council desires to do. They would need to amend it so that the specific uses were allowed and -- which would be the 92 room hotel, the single story office building, and the one two-story office building, primarily due to the fact there aren't any adjacent neighbors that have voiced any concern over the project and all of the area is scheduled to be approved as something other than strictly residential. I'm not sure how Legal Counsel feels about that recommendation, but I guess we would need to get his advice, if you even understood what I said. It was a long, drawn-out sentence. In the Position Statement -- we did Meridian City Council Meeting March 5, 2002 Page 32 receive a Position Statement from the applicant and it's opposing only one item on the application and that would be the need for a cross-access on the property, as they are putting that as a specific note on the plat. Once it is recorded it will be a cross-access, so we didn't need a second document prior to the signing of the Final Plat. Corrie: I guess, Shari, if I may interrupt you just a second. I don't know. Does Council have that request from them? Did it come in today? Stiles: Yes, it did. Corrie: Do we have that, Mr. Berg? I don't and I don't think that Council does. We have a facsimile from David. That's all we have received. Stiles: Could I detail that for you, then, and -- to show exactly what they requested to be changed or -- Corrie: Does this you say? Stiles: I'm sorry I don't have a copy of that before me. Corrie: This is from -- Stiles: Tom South. Corrie: Yes. It's from David -- Elroy and David McKinnon. Stiles: Oh, that was regarding the trees. Yes. Corrie: But we don't have the other one that you just talked about. Stiles: Yes. I have that one. That was regarding the mitigation for the trees that they were having to remove. Corrie: Okay. Stiles: What the applicant representative has requested would be on Page 2 of the recommendation for the Preliminary and Final Plat. Bird: Page 2? Corrie: Okay. Stiles: And that would be under Item A-5. Corrie: Okay. Meridian City Council Meeting March 5, 2002 Page 33 Stiles: We would ask that that be amended, just for clarification, to read, the applicant shall provide a recorded cross-access easement among the parcels for the shared parking and driveway access to the public streets. Since that will be a part of the actual plat and will be recorded as part of that document, that would be sufficient to meet those -- the request of the city and the Ada County Highway District. This is showing the elevation of the Hampton Inn Hotel and those are the offices, the two-story office, and the one story office. Staff would recommend approval of this application with the staff and agency comments and with the change to the recommendation as stated. Corrie: Any questions of staff? Bird: I don't have any. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Shari, I'll ask the applicant as well, but I notice in the comments that there wasn't any signage requested at this juncture is that right? Stiles: We have seen no details of any signage. Nary: Because isn't this immediately adjacent to the existing hotel that's there, the Holiday Inn Express? Stiles: It's across the street. Nary: Across the street. So they are not -- one is not blocking the other one? Stiles: No. No. They are both located on the on-ramp there from Eagle Road. Maybe you can see it better -- I don't know if I have the vicinity -- Nary: They are not next to each other? Stiles: No. The Holiday Inn Express is located right here. Nary: Okay. Stiles: This would be the Hampton Inn. There are showing the siding of the apartment complex at the rear. Nary: Right. Stiles: And then the office buildings would be here. Meridian City Council Meeting March 5, 2002 Page 34 Nary: Well -- okay. It is -- well, my concern is that from Eagle Road is the Hampton Inn obstructed by the Holiday Inn Express? Stiles: It will probably more obstructed by the Eagle professional buildings that are there, the two story office buildings. Nary: That's if you're coming from the north of that. Stiles: Yes. Nary: If you get off the freeway -- the reason I ask this is the Hampton Inn and Fairfield Inn in Boise have the same problem where one obstructs the other. Stiles: And they are fighting for signage or -- Nary: And there is always a discussion over signage, because one wants a higher sign than the other one, because you can't see it from the freeway. Once you get off the freeway -- you can see them from the freeway. Once you get off the freeway, you can't see them to know that's your access point to get to the hotel. It looks like that wasn't part of the discussion and I'm just not sure they haven't submitted that and I guess I'm just a little concerned about that, that we will be debating that issue in the future. Stiles: They haven't submitted an application for a sign program. I believe that would be forthcoming for all three buildings. They do know what the Sign Ordinance requires, have not requested any variances, and hopefully don't propose to. Nary: I also noticed that on the recommendation from the Planning and Zoning Commission on Page 3, Number 7, it says that the -- it says, however, should the Commission or Council determine the buffer should be located entirely on the applicant's property, they need to do a redesign of the site and the Landscape Plan. What exactly was the recommendation from the Commission? They asked to not -- to only provide half. Stiles: They have requested that as part of the Conditional Use Permit for a Planned developmental. The staff would support that, due to the fact that the residential uses are not likely to remain there and when the adjoining property comes in they would -- the adjoining property would only be required to have a five-foot setback for the landscape. Nary: What I was asking was what was Planning and Zoning Commission's recommendation? Stiles: It says they support the reduced landscape buffer. Meridian City Council Meeting March 5, 2002 Page 35 Nary: Right but it says, however, should the Commission or the Council determine the buffer should be located entirely -- so I'm saying is that what the Commission recommended? Stiles: I'm not sure how this reads, because it's talking about the Planning and Zoning Commission supporting it, but it says, however, should the Commission or Council determine. I believe that's part of the staff comments. Nary: Right. That's my point. Which is it? So is it -- Stiles: I would imagine that they approved -- Nary: -- the recommendation of the Commission? Stiles: I believe it is a recommendation of the Commission. Otherwise, it would require a revision of the entire site plan. Nary: Okay. So the Commission's recommendation was to allow the reduced buffer? Stiles: Yes. Nary: Okay. Thank you. Corrie: Any further questions? Okay. Is the applicant here this evening? Raise your right hand, please. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Steele: It is. Corrie: Name and address, please. Steele: Mr. Mayor, Members of the Council, my name is Wes Steele, representing the Meridian Hampton Center Partners, LLC. Address 1250 East Iron Eagle Drive in Eagle. We have reviewed staff's conclusions and recommendations and other than the point of clarification for the cross-access, we have no other problems with those conditions and concur with them. I would clarify any of those others questions we just talked about if you would desire or -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think it's a little odd to ask for a hotel and not tell us where the sign is supposed to go. Usually -- I guess my perception is that that all should be done at the same time. Where is the sign -- is the building oriented towards the freeway? Meridian City Council Meeting March 5, 2002 Page 36 Steele: Yes, it is. Nary: So the sign is intended to be oriented towards the freeway as well? Steele: Yes. Nary: Okay and so the access road on Gentry off of Eagle, how are people going to see it? Steele: Shari, can we back up to -- one more. Stiles: Oh, to the elevation? Steele: Well, we'll get to that in a second. There is -- there is a sign shown on the elevation. It most likely will come in as part of the sign program that will be visible from the freeway on the building. There will be some monument signs that will be proposed. There were -- on the site plan there were indicated two locations for where those small monument signs would be. We are not going to come in and request an 80-foot high pylon or anything like that. Nary: That's all I wanted to hear. Steele: If we could go back to the -- there is one site plan that shows a little bit more of what happens. I'm not sure which one it was. Just go back to the vicinity, Shari, if you would, please. Actually, the way the site is accessed is from Eagle Road and then you have to come down Magic View and down Allen Street. Gentry is a dead end, you can't get onto it, you can only get onto it from Allen. Frankly, what our clients feel is going to happen is westbound traffic -- or, excuse me, eastbound traffic will see the Hampton Inn first and come off of the freeway. Westbound traffic will see the sign for the Holiday Inn Express, they will come off on Magic View, they will come to Allen Street, and they will actually encounter the Hampton Inn first. Frankly, we are not concerned about it. Nary: You know we are going to hold you to that. Steele: I know you -- Nary: I know those issues come up many, many times with the Hampton Inn and the Fairfield Inn in Boise. Steele: No. Our client is a different owner than the Hampton in Boise, so we don't expect that to be an issue. Nary: Okay. Steele: Do you need any further clarification on that ten foot buffer or is that clear? Meridian City Council Meeting March 5, 2002 Page 37 Nary: No. Corrie: Have you seen the request that Elroy Hoff and Dave McKinnon have said about the trees? Bird: Yes. We were trying to get that done a little sooner, but we had a little trouble getting a hold of Elroy, so we don't have any problem with the mitigation of that. We think we can actually save three of those existing trees and I think we have got to mitigate four, so that's not a concern either. Corrie: Anything else? Questions? Thank you. Steele: Thank you. Corrie: Thank you. Is there anyone from the public that would like to issue testimony on this request? Hearing none, I will -- does Council have any other comments for the Public Hearing? If not, I will entertain a motion to close the Public Hearing on the CUP request and also for the Preliminary and Final Plat. De Weerd: So moved. Nary: Second. Corrie: Motion has been made and second to close the Public Hearing on CUP 01-044 and Public Hearing on PFP 01-010. Any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion? Okay. Hearing none, I will entertain a motion, then, on the request for Conditional Use Permit for the 92 room hotel, one single story office building, and one two story office building for Hampton Inn. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for a Conditional Use Permit for Hampton Inn Hotel and ask the City Attorney to draw up Findings of Fact and Conclusions of Law and Decision of Order and to include all staff comments. Bird: Second. Corrie: Okay. Motion has been made and second to approve the request for Conditional Use Permit with the motion and all staff comments. Any further discussion? Meridian City Council Meeting March 5, 2002 Page 38 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess that I would have a question for the attorney at this point and Shari in her presentation mentioned an amendment to the Development Agreement allowing these particular uses. Do we need to pay attention to that during these motions or what is the practice for those amendments? Nichols: Mr. Mayor, Councilwoman de Weerd, Members of the Council, the Development Agreement probably ought to be amended just to clarify that for this particular parcel these uses are allowed and we can certainly do an addendum to the agreement that says such. Excuse me. Shari may have some additional comments. Stiles: What my question was, because of the way the Development Agreement reads, we have requested the applicant to submit a miscellaneous application for that amendment, because of the way the Development Agreement reads they are required to go through a Public Hearing process to amend an application -- to amend the Development Agreement. Nichols: Mr. Mayor, Members of the Council, they can go ahead and do that, but I think the reason for having that standard language in the Development Agreements is primarily where you have an allowed use that doesn't require going through a process where you have to have a hearing. We put that provision in the Development Agreement, so that if they want to put something in as an allowed use without a Conditional Use Permit or some sort of platting process that's going to require a Public Hearing, that they can't -- I mean they are limited to what those particular uses are. In this particular case you had the hearing in front of the Planning and Zoning Commission, you have had the hearing here on these particular uses, and I don't see anybody here to object. I would recommend that we can just go ahead and do it without actually having to put in a miscellaneous application, because of the fact that the public has been protected through these hearings on these other proposals. Stiles: Thanks. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Mr. Attorney, that -- and that can be done while they are going through with their Building Permit and that sort of thing correct? Okay. That's all I had. Nary: Mr. Mayor. Corrie: Mr. Nary. Meridian City Council Meeting March 5, 2002 Page 39 Nary: So -- but in the future, Mr. Nichols shouldn't we amend the Development Agreement -- kind of like a rezone. Shouldn't we amend the Development Agreement, do a CUP, do a plat, do them all in conjunction, rather than like this? Shouldn't that be the proper process we follow? Stiles: They have already submitted an application. Corrie: I'm sorry. I didn't hear you, Shari. Stiles: I'm sorry. They have already submitted the application, the miscellaneous application. It's scheduled for the 26th of March. Nary: Because technically we really can't approve a Conditional Use Permit without amending the Development Agreement. Stiles: That's what I would think, yes. Nary: So we really should do them all together, properly. I mean I agree with what you're saying is that some of the public has had the opportunity to have a hearing, but process wise we seem to be putting the cart before the horse. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I agree in the ideal world we will have it all done at once, but the 26th is also a non-land use meeting and this is a land use -- it's already scheduled? Stiles: That was a special meeting that was going to start at 5:30 for Silverstone and also Hampton and also the name change for East First was prior to the meeting. Nichols: Okay. All right. I sit corrected. Corrie: Or you can stand. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess my only purpose would be that we do it right and the right way to do this, then -- I don't know that it's going to delay anything to do this all on the 26th . We can continue these to the 26th and do it all at once and then we are really following that properly like it should be. I don't know that that really delays any significant action on the part of the developer to be able to get this going, but at least we are following the process properly. Meridian City Council Meeting March 5, 2002 Page 40 Bird: I withdraw my second. Corrie: Okay. Second has been withdrawn. Excuse me. De Weerd: I will withdraw my motion. Corrie: Okay. De Weerd: Reluctantly, but anything for order. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move that we continue Items 16 and 17 to a date specific, to March 26th , since we have a special meeting already proposed and that way we can hear these items along with the request to amend the Development Agreement at the same time. McCandless: Second. Corrie: I guess I need some clarification here. We will continue the Public Hearing or table this until we include the Development Agreement? Nary: Well, I think we would -- I guess we would continue the Public Hearing. In theory, if someone were to show up, they'd certainly have the right to provide us testimony. If we close the Public Hearing now and we would open it on the Development Agreement, if it appears that we certainly need to reopen it as well if continue it and then we wouldn't have any process problems. Bird: Mr. Mayor? Corrie: Okay. Mr. Bird. Bird: If you don't -- we are either -- we either got to reopen the Public Hearing at this meeting right now or you table these two items until the 26th and there will be no Public Hearing on these items. If you're going to -- if you're going to have them, then you would have to notice again. As I understand the motion was made, we are tabling these items until the 26th of March, 2002 is that right? Nary: Yes. Corrie: The motion -- Nary: Well, the motion actually was to continue the matter. I agree with what you're saying, Mr. Bird. I guess the only thing I would suggest, then, is that maybe we consider whether to simply reopen the Public Hearing and continue the matter, only Meridian City Council Meeting March 5, 2002 Page 41 because if for some reason between now and then someone decides that that Hampton Inn in that location is a problem and they decide to come and contest the Development Agreement Amendment, then they won't have the opportunity to provide input on the CUP and we may have to continue the entire matter again if we feel we need to. If we open it and continue it and no one shows again like what we have to this point, there is not harm, no foul, no one is going to be prejudiced, but we will just get it all done on the 26th and be done with it. I withdraw my motion and move to reopen the Public Hearings on Item 16 and 17, so that we can continue it. Corrie: Okay. Motion has been made to continue -- excuse me to reopen the Public Hearing on Item 16 and 17. Do I hear a second? McCandless: I will second. Corrie: Okay. Motion has been made and second. Any other discussion? Okay. The question is to reopen the Public Hearing on Item 16 and 17. All those in favor of the motion say aye. Opposed no. Then we will continue the Public Hearing. I will vote yea and so that we have this all done at one time. I think you're probably right we do need to clarify and do it right. We will continue this Public Hearing on Item 16 and 17. MOTION TIED: TWO AYES, TWO NAYES TIEBREAKER VOTE: THREE AYES, TWO NAYES Nary: Now I do the motion to continue the Public Hearings to a date certain of March 26th for our Special Meeting on Item 16 and 17, so we can hear the request to amend the Development Agreement. McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion on the motion? Hearing none, all in favor say aye. All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES Item 18: Public Hearing: AZ 01-026 Request for annexation and zoning of 2.30 acres from R-1 to R-4 zones for proposed Hearthstone Subdivision by Robert Lee - southeast corner of West Cherry Lane and North Black Cat Road: Item 19: PFP 01-009 Request for Preliminary/Final Plat approval of 2 building lots on 2.30 acres in a proposed R-4 zone for proposed Hearthstone Subdivision by Robert Lee - southeast corner of West Cherry Lane and North Black Cat Road: Meridian City Council Meeting March 5, 2002 Page 42 Corrie: Item Number 18 and 19 is a request for -- Item Number 18 a request for annexation and zoning of 2.30 acres from R-1 to R-4 zones in the proposed Hearthstone Subdivision by Robert Lee, southeast corner of West Cherry Lane and North Black Cat. Item Number 19 is a request for Preliminary/Final Plat approval on 2 building lots on 2.38 acres in a proposed R-4 zone for the proposed Hearthstone Subdivision by Robert Lee. At this time, I will open the Public Hearing on both Items 18 and 19 and have staff comments first. Stiles: Mr. Mayor and Council, the applicant's representative has submitted a Position Statement. Do you have that in your packet? It was received by the City Clerks' office on March 4th . They are requesting changes due to the fact that they appealed or made some other arrangement with Ada County Highway District. The Ada County Highway District staff did change their report and have changed the conditions of approval for this development. We certainly would support any changes, I imagine, that the Ada County Highway District has recommended. It had to do with the U-shaped driveway. They were asking that one of those access points be eliminated due to the fact that there is a public roadway proposed just to the east of this development and the existing driveway would be around 13 feet from that new roadway. The property currently has the George Davis Construction site on it in this location. There is a sign out there. The applicant understands that prior to being annexed into the City of Meridian the nonconforming, uses need to be ceased and the signage needs to be removed. Any construction equipment, those types of things, will have to be removed prior to actually being annexed into city, so we don't have to deal with another nonconforming use upon annexation. This is the existing home behind the property that's proposed to be annexed. It is on a septic tank. It is adjacent Parkside Creek Subdivision. That would be the house -- the house is located back here. To the west, here is the Pintail Pointe Subdivision that has been approved and is currently constructed and Parkside Creek to the south. This is still the property zoned RUT in the county. All this -- the white area is all remaining in the county. They are proposing to split the lot into two lots to allow another home to be built on the property and I would like to ask Brad Watson to address the sewer issue with this plat. Watson: Mayor and Council Members, evidently the recommendation passed on by Planning and Zoning adopted Central District Health's recommendation that if this was granted R-4 status that both lots be connected to city sewer. Staff comments allowed the second lot upon which that new house would be built to not connect to city sewer and elect septic a system if Central District Health granted a permit. The Position Statement that was evidently received yesterday from the applicant states that Central District Health has -- that they have met with Central District Health and convinced them to change course and allow the septic system permit until such time as sewer is available. and that's fine, but we think it prudent to either get -- approve this contingent upon getting written confirmation of that from Central District Health or I guess continue it until we get that. We don't have any problem with it, just want something in writing confirming Central District Health's position. I think that's all, unless you have questions. Meridian City Council Meeting March 5, 2002 Page 43 Corrie: Shari, go back to that one that shows those three lots. Next to that -- yeah. The two white and the white down below. Are these all connected to the road, some way to get in and out of them, since they are not connected on the east side? Stiles: There is an existing easement back to the existing home on the back portion here. That was the paved road that showed up in the photograph. Corrie: Yes. Stiles: This one is actually accessed through a roadway in Pintail Pointe and I believe probably has a stub coming from English Gardens. Corrie: Okay. Stiles: But, yes, the only access to this property I believe is through the easement going to Cherry Lane. Corrie: Okay. Any other Council comments? Questions? Okay. This is a Public Hearing. We'll have the developer at this point first. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Munger: Yes. Corrie: Name and address, please. Munger: My name is Matt Munger. I'm with Hubble Engineering. Our address is 701 Allen Street in Meridian. The conditions that the Planning and Zoning staff has on this, we concur with those, with the exceptions of the ones that were addressed in our Position Statement. I'd like a point of clarification on the Central District Health comment. The comment made by Central District Health was that it may be required and I believe that's also included in your Position Statement as a copy of that report from Central District Health and it was dated December 27, 2001. The other item that I would like to discuss briefly is Item 8 from the Position Statement and that is regarding the driveway for the existing home. The Davis residence currently has a U-shaped driveway. Staff's recommendation at ACHD was to eliminate one of those curb cuts. When we took this -- they appealed it to the ACHD Commission and they agreed with the developer that the Davis’s shall be allowed to retain their U-shaped driveway until such a time as they make modification to their property, which would require a building permit. At that point, they would be required to provide a turn around on their site and eliminate one of the driveways. I believe the comment was if a street was to come in adjacent to that property, then when they did the Building Permit they would eliminate both curb cuts and would connect to that road. I would stand for any questions the Council may have. Nichols: Mr. Mayor? Meridian City Council Meeting March 5, 2002 Page 44 Corrie: Mr. Nichols. Nichols: Mr. Munger, did you understand Mrs. Stiles' comments about nonconforming uses? Did you understand what that meant and what you have to do there? Munger: Yes. We -- I asked the applicant about that. The existing property is a residence. The gentleman that lives there has a business sign and it's not -- he doesn't conduct any business from there. As a matter of fact, I believe he's retired now so that's not an issue. Nichols: So removal of the sign would be acceptable to the applicant? Munger: Yes. Nichols: Thank you. Corrie: Mr. Jewett. The testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God? Jewett: Yes, it is. Corrie: State your name and address, please. Jewett: Jim Jewett, 3990 East Gentry, Suite 150, Meridian. I want to go on record saying I don't object to what he wants to do with his property, it's his property, and he has that right. I just have a few questions. Shari, if you could go to the plat. The location of the house and the circular driveway is in this location. The street across the street going into Golfview Subdivision lines up in here and I believe there is a public road that's being proposed to go right along that boundary. I just want to make note of it that if they have a circle driveway it will be next to the possible future public road and just wanted to make note of that, if you have a question on it, it would be noted. Along with that public road, the possibility of sewer will come with that public road. They are proposing septic. I don't have an objection to septic but I just wanted to note that that is a public road and it's most likely the sewer goes with it. The other issue I had is staff called me today and indicated that on the current Comprehensive Plan or the current text in the new Landscape Ordinance that this section of Cherry Lane is identified as entry corridor. Under the entry corridor, it requires a 35-foot landscape buffer and I just wanted to see if there is some clarification if this was, in fact, an entry corridor in this location. That's what staff indicated to me today and just would want clarification of that. They did agree that upon redevelopment any new permits that they would do away with that second circular driveway. For the record, I am the property owner to the east. Corrie: Okay. Anything else? Any questions for -- Bird: I have none. Meridian City Council Meeting March 5, 2002 Page 45 Corrie: Okay. Thank you. Anyone else have testimony at this time? If you'd come up to answer some questions here, that were raised. Circular drive, number one. You would do away with it after the street goes in? Munger: Yes. That was one of the conditions from ACHD was that upon application of a Building Permit for the lot -- I believe it's Lot 1, Block 1, that at that point the driveway goes away. Another clarification I'd like to make is this on the entry corridor. The 35- foot landscape buffer is a requirement here. One of the things that we requested from Planning and Zoning and is in their recommendation is to be allowed to put that in an easement, as opposed to a common lot, and that the Davis's existing landscape be allowed to retain -- be retained, as opposed to berming and losing the existing trees that they have in front of the house. Corrie: Okay. Anything else? Okay. Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess this is a question for Brad. It says that the septic system -- the sewer system is not available at this time. Is there any idea when it would be available? Watson: Councilman Nary, Mayor, and Council Members, it will be available when the property to the east constructs sewer adjacent to it, from what I understand from my briefing at about 4:30 this afternoon that's the situation. Nary: Okay. All right. Thank you. Corrie: Any other questions? Okay. Hearing no other questions for the Public Hearing, I will request the Public Hearing on the request for annexation and zoning be closed. I guess this is a request for Preliminary and Final Plat. This didn't show a Public Hearing. Was it a Public Hearing? Stiles: No, it was not. Corrie: It was not. Okay. So Item 18 I will request a motion to close the Public Hearing, Item Number 18. McCandless: So moved. Bird: Second. Corrie: Okay. Motion made and seconded to close the Public Hearing on the request for annexation and zoning of AZ 01-026. Any further discussion? Hearing none, all those in favor of the motion say aye. Meridian City Council Meeting March 5, 2002 Page 46 MOTION CARRIED: ALL AYES Corrie: Okay. Any questions, Council, for Item Number 18? Okay. Then I will entertain a motion on the request for annexation and zoning. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the request for annexation and zoning of 2.30 acres from R-1 to R-4 zone for proposed Hearthstone Subdivision by Robert Lee, southeast corner of West Cherry Lane and North Black Cat Road, the attorney to draw up the proper papers. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for annexation and zoning 01-026 and for the attorney to draw up the proper papers. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES Corrie: Item Number 19 is a request for Preliminary and Final Plat approval of 2 building lots on 2.3 acres in a proposed R-4 for Hearthstone Subdivision by Robert Lee. Any staff comments? Watson: Mr. Mayor and Council Members, just looking back or going back to my comments on this, I think that if we could do this contingent upon getting a written verification from Central District Health that they will allow a septic system permit on that second lot, that would be helpful. Corrie: Okay. Any other comments? De Weerd: I have none. Bird: I have none. Corrie: All right. I'll entertain a motion on the request for Preliminary and Final Plat approval. McCandless: Mr. Mayor? Meridian City Council Meeting March 5, 2002 Page 47 Corrie: Mrs. McCandless. McCandless: I move that we approve the request for Preliminary and Final Plat approval of 2 building lots on 2.30 acres in a proposed R-4 zone for proposed Hearthstone Subdivision by Robert Lee, southeast corner of West Cherry Lane and North Black Cat Road and for the attorney to draw up the proper papers. Corrie: Do you want to include the -- McCandless: Yes. Corrie: -- confirmation of the Health Department? Bird: I will second it then. Corrie: Motion and second has been made. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I'm assuming we are, then, incorporating the applicant's suggestion into those, too? McCandless: Yes. Corrie: Let the record show such. Okay. Any further discussion? Roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for Preliminary and Final Plat is approved. MOTION CARRIED: ALL AYES Corrie: Seeing that this closes the Agenda, I would entertain a motion to adjourn if there isn't anything further. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: If there is no other business, I'll move to adjourn. Bird: I would second that. Fall out of my chair. Meridian City Council Meeting March 5, 2002 Page 48 Corrie: Okay. All in favor say aye. All ayes. Motion is carried. Thank you. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 8:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK