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HomeMy WebLinkAbout2002 03-26 SpecialMeridian City Council Special Meeting March 26, 2002 The Special Meeting of the Meridian City Council was called to order at 5:30 P.M. on March 26, 2002, by Mayor Robert Corrie. Members Present: Robert Corrie, Cherie McCandless, Bill Nary, Tammy de Weerd, and Keith Bird. Others Present: Shari Stiles, Brad Watson, Mike Worley, 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 Item 2. Adoption of the Agenda: Corrie: We’re going to open the Meridian City Council Special Meeting on Tuesday, March 26th at 5:35. We’ll have roll call attendance please Mr. Clerk. Item Number 2 is the adoption of the agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the agenda as printed. De Weerd: Second. Corrie: Okay, motion been made and second to approve the adoption of the agenda as printed. Any further discussion? All in favor say aye. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: Item 4. Department Reports: Item 6. Public Hearing: MI 02-002 Request to Approve Amendment to Development Agreement with Sundance Investments for Silverstone Subdivision: Corrie: Item Number 3 is the Consent Agenda. There are no Consent Agenda items so Number 4 is Department Reports. No Department Reports so we will move right down to Item Number 6, which is a Public Hearing. MI 02-002 this is a request for approval amendments to the Development Agreement with Sundance Investments for Silverstone Subdivision. At this time, I will open the Public Hearing. I would like the staff comments first on the request. Meridian City Council Special Meeting March 26, 2002 Page 2 Stiles: Mr. Mayor and Council this is for the request to add some additional uses to the Development Agreement to accommodate a specific tenant Michael’s of Oregon. The applicant’s here to make a presentation regarding that development. We did ask that they limit their request for the amendment to only the lots that would be occupied by Michael’s of Oregon because we didn’t want it to be a blanket approval for those uses throughout the entire 80 acres. That is what they’ve done. I believe the architect and the owner are here and can answer any questions you may have about the project. Corrie: Council any questions for staff at this point? Bird: I have none. Corrie: This is a Public Hearing the developer first. Is the testimony you’re about to give the truth, the whole truth and nothing but the truth so help you god? Larson: Yes it is. Corrie: Your name and address please. Larson: Thank you. My name is Cornell Larson and my address is 210 Murray in Garden City. I’m here tonight representing the applicant, Sundance Investments and Partnership on the request to amend some uses for the Michael’s of Oregon project that we’re proposing in the Silverstone Corporate Center. I would like to take just a minute and just do a quick overview of the project so you can get an opportunity to see what’s going on. The project itself would set approximately in this location right here on the Silverstone Map. The Silverstone building itself is here. Silverstone Drive comes through like this and turns into Goldstone Way there. The Goldstone Building is right there. Those are somewhat reflected in – excuse me those are somewhat reflected in the same drawing here. Again, you can see the Silverstone Building, which is under construction, the Goldstone Building. The drives. This is the south ride and this is approximately the area of the south eight acres that was just added in the recent annexation request. This would be the location of the site for Michael’s of Oregon. I would like to take a minute and tell you what Michael’s of Oregon is just so I don’t know if you all know or don’t know. Michael's of Oregon is a sporting goods manufacturer. They manufacture sporting apparel for hunters and fisherman. It includes gun cases, and vests. It includes various sewn type of products. Those are also used by a lot of the Law Enforcement Officers in the area and around the country. They also manufacture holsters. They manufacture bulletproof vests, they manufacture leather upholsters as well as synthetic type holsters. In addition to that, they have several other companies. They also manufacture swing swivels, which is done through a computer – machining process or a CNC process where they will cut smaller pieces of medal to manufacture their product. In addition to those items, Michael’s has a company called Butler Creek. Butler Creek does synthetic rifle stocks and shotgun stocks. It’s an injection molding type process, which is proposed in this facility. In addition to that, they have scope covers that they manufacture. They have another company called Hoppies which is a – has a gun cleaning solvent product which is a product used for cleaning and maintenance of guns and sporting goods. They also – Butler Creek also has rifle barrels. They sell for modification of different products. They presently have these uses scattered. One of them is in Pennsylvania, which is the Meridian City Council Special Meeting March 26, 2002 Page 3 bottling facility for the Hoppies Gun Solvents. The other ones down in California, there is one over in Oregon and there’s an existing facility in Boise out on South Cole Road. They are proposing to combine all these facilities into this particular facility and would like to be open September 1st if they can because October is obviously their busiest month. That’s what we’re here tonight doing is to ask for some additional uses that we’re not included in the Development Agreement. Specifically, if I can find my letter here – we’re asking for the uses of apparel manufacturing which would be manufacturing of the holsters, the equipment, the things that go with the police apparel as well as the sporting good apparel. Fabrication of metal products, they fabricate small metal products, snaps and things that are used, swing swivels in the sporting goods line, assembly and storage of leather products. Again, they’re making leather holsters for Police Departments as well as sporting. The CNC Machining, that’s part of the metal fabrication that they use and bottling of flammable liquids. We have Matt with the Fire Department to discuss these items. The bottling of flammable liquids is a small portion, probably about 10 percent of the facility. It is their gun cleaning solvents and their products from their gun cleaning solvents. I can show you – I’ll get a floor plan up and show you kind of where that goes in relation to where it is on the site. They do have some outdoor chemical storage tanks that are involved with that. Then, the interior, and exterior storage of those flammable liquids those would be the items that we would be asking for that we’re not permitted in the original condition – or excuse me original uses for Silverstone. They would also be having their office facility here. They will have a little bit of cafeteria facility. They will be doing some warehousing, shipping, and distribution out of the facility. This is a little bit of an enlarged site plan I hope you can see it here. This is Silverstone Way as it turns the corner and becomes Goldstone Way north is to this direction. This is Copper Point Drive that goes over, serves the property to the east, and comes out to Eagle Road down in this area. The facility would have – the facility that would have office area in this area would have fabrication and sewing here, warehousing in this area, some machining of the parts I was talking about in this area. This area is the 2H occupancies that they have and then they would have some outdoor storage tanks here. This area would become the bottling line for the chemicals that would be used in the cleaning solvents for the guns. At no time is the amount of chemicals in that bottling line greater than permitted in the Uniform Building Code. They control how much is flowing through that line so it does not exceed the exempt quantities. We have met with the Fire Department and we met with Joe Silva. We went over fire hydrant locations and we went over access how they would like to be able to come to the site from a couple of different directions where the flammable area was in relation to how they would service it and get to it. We have a consultant on the board with us his name is Rich Miller. He’s a Certificated ICBO Fire Inspector and he’s also a Hazardous Materials Specialist. He is out of the Portland area because we don’t have one in this area. He’s also certified on Boise’s approved chemical people as well. He has some pretty good credentials to get through those flammable chemical issues. As far as the building floor plan, again it’s proposed as a tilt up concrete building but it would have office in this area. The area right here would include their cafeteria, some eating area. This would be their fabrication, their sewing lines that they currently have in Boise. This area over here again would be the bottling line that’s currently in Philadelphia. This area here is their warehousing and shipping which is in various locations that they are trying to combine into this facility. Again, these are the two rooms that in affect would have the flammable area. This would be a loading dock facility here for shipping and receiving. As far as the exterior elevations, they are Meridian City Council Special Meeting March 26, 2002 Page 4 somewhat consistent with the buildings that are going out there. They have archways. They have glass into a second floor mezzanine so that they office can expand. This would be the west elevation that would be facing Silverstone Drive and Goldstone. This is the south elevation and on the other two sheets, we have the let’s see east and north. This is the elevation that would be facing the east. It’s set back about 200 feet I think from the property line. There’s a landscape buffer over along the east property line as well as some open space. There’s also an irrigation well over there that is used for the irrigation water in the Silverstone Complex. That was about all the presentation I had. I would be happy to try to answer questions you might have. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Cornell how flammable is the solution? It’s just a gun cleaning solution? Larson: It’s a gun cleaning solution. I think it’s classified as a flammable chemical. I think it’s a 2B or a 2C. That’s not quite to gasoline but in that range. Bird: What kind of tanks like the propane tanks and stuff is that what they store them in? Larson: They store them in a vertical round cylinder tank. What they do is they fill those out of a bulk truck, out of a – and from that tank they’re pumped inside the building. They’re only handled once and that’s where they’re separated from the bulk quantity into moving them into the bottling line. That’s the only time they’re actually in any kind of an open container. There are various different products in how they make that solution but they’re typically not combined until they get into that bottling line. They’re brought off the bottling line right back into one of those rooms for storage as well so they’re not stored out in the warehouse. Bird: One of those fire rated ones? Larson: Yes in a fire rated assembly. Corrie: Any other questions? Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I guess I had a question for Ms. Stiles. The amendment to the Development Agreement is – seems pretty generic in the terms that are being used. They are not all defined in the City Code currently like bottling of flammable liquids or fabrication of metal products. Is there a concern that – this is a continuing use for any successor (inaudible) Michael’s so that means that other types of companies that may bottle more flammable or more (inaudible) types of liquids would certainly be covered by this Development Agreement. Isn’t there any concern maybe that maybe make it a little Meridian City Council Special Meeting March 26, 2002 Page 5 more specific or a little narrower or define the City Code, the definition so that we have something a little more concrete? Stiles: I think that’s the City Council’s option if they would like to do that. they do ask in their application that it be for any successor’s or (inaudible). Nary: Do you know if that was discussed at Planning and Zoning? Stiles: This use? Nary: Yes. Whether or not to be more specific, whether or not they’re – Stiles: This did not go through the Planning and Zoning. Nary: This systems here okay. Do you or the staff have any recommendation as to whether or not we need more specificity to those terms? Some of those terms in the use tables are fairly generic and I think the common meaning is what was intended. Here, I don’t know that there’s a lot of common meaning to – and maybe there is to CNC Machining I don’t know if there is. Fabrication of metal products could sound from making cars to making small tools is what they’re talking about here. It’s fairly broad definitions that we’re going to include for all successors and it seems to me that we would want to be a little bit narrower. Did you have a recommendation about that? Stiles: I’m not sure if they worded it that way so that if Michael's of Oregon should sell the same facility doing the same thing to someone else you know perhaps they get bought out by someone else, not that I know that’s going to happen. I hope that was the intent. I think we can be more specific in that regard. We certainly could say, Michael's of Oregon or their, I don’t know how you would word it, subsequent purchasers or their franchise if it’s a franchise or their company itself to perform the same type – Nary: -- I can ask Mr. Larson I guess what you think. As you normally see these types of things, I don’t know there’s a tremendous concern with this company of being outside of any of these conditions or expanding the uses or any of those types of things. I don’t think that’s ever normally a concern. The concern is the next buyer. The next buyer that says well I bottle flammable liquids but not like this company does but something else. This place already has a potentially an allowed use for it. Then we have companies that we may have a little bit more concern about. What are your thoughts on that? Larson: Mr. Mayor, Councilman Nary, the intent of that clause in there was that if Michael’s did sell their facility to somebody else that it would continue to move on with the purchaser. It wasn’t to subscurt the issue of expanding one of those issues or those other uses. It was merely a for sale purposes if the company did get sold. That was the intent of why it was put in there is (inaudible). Nary: But what’s your thought about the fact that – I mean they’re fairly broad definitions. Would you have a concern in maybe making it a little narrower, a little more specific to the type of business or is it Michael’s concern that they may – at some point Meridian City Council Special Meeting March 26, 2002 Page 6 maybe they’ll decide that this doesn’t work for them. They sell their business to somebody that doesn’t even make the same types of products but it fits under these fairly broad definitions. What do you think? Larson: I wasn’t sure how we could actually define exactly what they did specifically. It’s hard to define what somebody does in a generic office space quote unquote too. They were fairly broad terms based on what uses we saw going in that particular facility based on what we knew they were going to do. It was the best description we could give you I guess of what – I guess we’re not necessarily opposed to narrowing it down to some extent but those were the uses that we saw that they would be doing in the facility that we felt like should be in the Development Agreement for this particular project. We were basically willing to limit it to this site and this building. That’s the way we’ve proposed it to you. Corrie: Shari. Stiles: Mr. Mayor and Council also Cornell did actually use things that are in the zoning schedule of use control. They might not necessarily be defined in our definitions but – except for the CNC Machining, all of those are listed as uses within probably the industrial zone. I believe that was the reason for including those because they are actually written in our zoning schedule of use control. Nary: So do you think as a supplement to this then if we were to agree to this change that we need to at least amend the zoning table to include CNC Machining? Is that necessary? Stiles: They have included already in their Development Agreement uses that are necessarily in our schedule of use control. They have asked for additional things besides what was actually in our ordinance already. Larson: And Mr. Mayor some of those were actually uses that came up or questions when we were going through the process – the application processes. Like what do you do if a medical facility or an educational facility comes in, they weren’t defined in your uses as clearly as we might like them. We had asked for some additional uses that Shari had mentioned and that’s why they were in there. Corrie: Any other questions? Bird: I have none Mayor. Stiles: Mr. Mayor. Corrie: Shari. Stiles: I would just like one more clarification. Cornell you said that you were proposing these two lots that would be five and six. You are showing these two but I believe your application was for six and a portion of nine. Larson: Yes it was. Meridian City Council Special Meeting March 26, 2002 Page 7 Stiles: Is this where that’s going to be located? Larson: Yes it would be right in this area, six and a portion of nine. Did we not get that right on the application? Stiles: Well it was but I thought you pointed out these other two. Larson: No, that was not the intent. Stiles: Mr. Nary is right as far as to clean everything up we should eventually get our zoning schedule and all of our definitions fixed. Probably a third to 50 percent of the uses in that zoning schedule of use control they’re not defined in our ordinance. That’s all I have. Corrie: Is there anyone else from the public that would like to issue testimony? (Inaudible) questions discussion? Hearing that I’ll entertain a motion on the request for approval amendment to the Development Agreement with Sundance Investments for Silverstone Subdivision. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the Public Hearing on MI 02-002, the request to approve amendment to the Development Agreement with Sundance Investments for Silverstone Subdivision. De Weerd: Second. Corrie: Motion been made and second to close the Public Hearing on the Sundance Investment Silverstone Subdivision. Any further discussion? Hearing none, all of those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Further discussion on (inaudible). Hearing none, I’ll entertain a motion then on the request for amendment approval. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the request for the amendment to the Development Agreement with Sundance Investments for Silverstone Subdivision pertaining to lot six and part of lot nine and for the attorney to draw up the proper papers. De Weerd: Second. Meridian City Council Special Meeting March 26, 2002 Page 8 Corrie: Okay motion been made and seconded. Is there any further discussion? Hearing none, roll call vote Mr. Berg. Roll Call: Bird, aye; De Weerd, aye; Nary, aye; McCandless, aye. MOTION CARRIED: ALL AYES Item 7. Public Hearing: MI 02-001 Request to Approve Amendment to Development Agreement with John and Alberta Sonntag for the Meridian Hampton Center Development: Corrie: Item Number 7 is the Public Hearing. This is a request to approve amendment to the Development Agreement by John and Alberta Sonntag for the Meridian Hampton Center Development. At this time, I will open the Public Hearing on Item Number 7 and staff comments first. Stiles: Mr. Mayor and Council this is for what was originally approved for Sonntag Eye Associates. They got approved for a 60,000 square foot medical facility. They have since elected not to proceed with the original plans and now the Hampton Inn has a new proposal before you tonight, which would require this modification to the Development Agreement. Because the Development Agreement was so specific, it does require an amendment. They are also requesting an amendment, which is very specific, but it is tied to the Planned Development that is proposed and whatever is ultimately approved by the City Council. Maybe in the future we wouldn’t have this specific language and maybe refer to the conditions of the approved Conditional Use Permit. Staff would recommend approval to the amendment to the Development Agreement so they can proceed with their Conditional Use Permit on their project. Thank you. Corrie: Any questions for staff? Is the representative here this evening? Is the testimony you’re about to give the truth, the whole truth and nothing but the truth so help you god? Steele: It is. Corrie: Name and address for the record please. Steele: Wes Steele, Habitech Architects 1250 East Iron Eagle Drive in Eagle representing Meridian Hampton Center, LLC. I would answer any questions you have. I don’t really have anything more to add to what we’re doing, to our one sentence amendment. Corrie: Council do you have any questions? Thank you. Is there anyone else from the public who would like to issue testimony? Hearing none, Council if you wish to the next item would be to close the Public Hearing on Item Number 7. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Special Meeting March 26, 2002 Page 9 Bird: I move we close the Public Hearing for MI 02-001 to approve the amendment for John and Alberta Sonntag Meridian Hampton Center Development. Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? Hearing those all those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Comments or discussion. Hearing none then I will entertain a motion for the request for the approval amendment to the Development Agreement for John and Alberta Sonntag for Meridian Hampton Center Development. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I would move that we approve MI 02-001 the request to approve the amendment to the Development Agreement with John and Alberta Sonntag for the Meridian Hampton Center Development and for the attorney to draw up the appropriate papers and orders necessary. McCandless: Second. Corrie: Motion been made and seconded to approve the request and for the attorney to draw up any proper papers. Any further discussion? Hearing none, roll call vote Mr. Berg. Roll Call: Nary, aye; McCandless, aye; Bird, aye; De Weerd, aye. Corrie: All ayes motion’s carried. MOTION CARRIED: ALL AYES Item 8. Continued Public Hearing: CUP 01-044 Request for a Conditional Use permit for one 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 9. Continued 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 8 is a Continued Public Hearing on a request for a Conditional Use Permit for one 92 room hotel, one single-family – or excuse me one single story Meridian City Council Special Meeting March 26, 2002 Page 10 office building and one two story office building in a C-G zone. At this time, I vote to continue the Public Hearing and have staff comments first. Stiles: Mr. Mayor and Council – Mr. Mayor could we add the Number 9, open up Number 9? Corrie: Okay we can do then I will open up also Item Number 9, which is request for Preliminary Plat and Final Plat for the same subdivision. Bird: I can’t get both things on my computer. Corrie: In case the public is wandering what we’re doing up here we’re kind of stumbling around. This is the first time we’ve worked with computers and we really are listening believe me but – Bird: We’re lost. Corrie: -- we’re lost sometimes. Staff. Stiles: The Preliminary/Final Plat was noticed as a Public Hearing however it is not required to be a Public Hearing at Council level. Just to let you know that even though we’re having a Public Hearing. The Conditional Use Permit that they’ve asked for was the 92 room hotel, single story office building and one two story office building which is consistent with the amendment that was just approved for the Development Agreement. Here’s the site plan, the topography shown, landscaping for the project and elevations of the Hampton Inn Hotel. The office buildings see the one story office building and the two-story office building. Staff would recommend approval with all staff and agency conditions. That’s all I have. Corrie: Any questions for staff? Bird: I have none. Corrie: Does the applicant here happen to be here tonight? Okay. Unless you’re already sworn in sir your name again. Steele: Wes Steele, Habitech Architects 1250 East Iron Eagle Drive in Eagle Idaho. Again, I have nothing further to add. If there are any questions, we’ll be happy to answer. Corrie: Okay, thank you. Council any other questions? Bird: I have none. Corrie: Hearing none then I will entertain a motion to close the Continued Public Hearing Item on 8 and 9. Bird: Do you want both of them at the same time? Meridian City Council Special Meeting March 26, 2002 Page 11 Corrie: Yes unless you want to keep one of them open. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the Public Hearings on CUP 01-044 and PFP 01-010. Nary: Second. Corrie: Motion been made and seconded to close the Continued Public Hearing on CUP 01-044 and PFP 01-010. Any further discussion? All those in favor of the motion say aye. All ayes motion carried. MOTION CARRIED: ALL AYES Corrie: Discussion or comments. Bird: I have none. De Weerd: Mr. Mayor. Corrie: Ms. de Weerd. De Weerd: (Inaudible) the Public Hearing we had before we talked about the signage package. I just want to make notation that the comments given during that meeting be incorporated into the Planning and Zoning recommendations. Does staff need any further clarification on that? Stiles: You’re asking that they be incorporated in the findings? Not the recommendations especially but the findings? De Weerd: Into the finding yes. In addition to the recommendation from P&Z. Stiles: I believe they made representations at the prior Public Hearing of what they were going to do for the signage? Yes. We’ll make sure that we make a note of that when they come in for their sign program. De Weerd: Well they were excluded from the recommendation that’s why I wanted to make not of that. Stiles: Okay. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Was it the comment about not (inaudible) requesting a variance beyond what’s allowed as a sign ordinance. Meridian City Council Special Meeting March 26, 2002 Page 12 Bird: Yes it was. Nary: That’s what the specific – that was what the specific testimony was so just to show that. De Weerd: That and the height. Bird: That and the height yes. Corrie: Any other discussion. Hearing none, I’ll entertain a motion then for the request for a Conditional Use Permit. De Weerd: Mr. Mayor. Corrie: Ms. de Weerd. De Weerd: I move we approve the request for a Conditional Use Permit for one 92 room hotel, one single story office building and one two story office building in a C-G zone for Hampton Inn Hotel and to incorporate new testimony regarding the signage package into the recommendations by Planning and Zoning. To instruct the City Attorney to draw up Findings of Fact and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Motion been made and second to approve the request for a Conditional Use Permit and that the staff comments for Council and have the attorney draw up the Findings of Fact and Conclusions of Law. Any further discussion? Mr. Clerk roll call. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. Corrie: All ayes, motion is carried. MOTION CARRIED: ALL AYES Corrie: I entertain a motion on the request for Preliminary/Final Plat. De Weerd: Mr. Mayor. Corrie: Ms. de Weerd. De Weerd: I move we approve the request for Preliminary/Final Plat approval of 3 building lots on 4.1 acres in a C-G zone for Hampton Inn Subdivision by Pinnacle Engineers. To ask the attorney to draw up Findings of Fact and Conclusions of Law and Decision of Order and to include all staff comments and the recommendation from the Planning and Zoning Commission. Nary: Second. Meridian City Council Special Meeting March 26, 2002 Page 13 Corrie: Motion been made and seconded to approve the request on the Preliminary/Final Plat. Any further discussion. Hearing none, roll call vote Mr. Clerk. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. Corrie: All ayes motion approved. MOTION CARRIED: ALL AYES Corrie: That takes care of the agenda for the Special Meeting. De Weerd: Mr. Mayor. Corrie: Ms. de Weerd. De Weerd: I move we adjourn the Special Meeting. Bird: Second. Corrie: Motion been made and second to adjourn the Special Meeting. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: All ayes motion carried and the Special Meeting closed at 6:00 P.M. we will convene back at 6:30 for our Regular Meeting for the 26th . MEETING ADJOURNED AT 6:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK