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Summerfield Subdivision No. 1 Temporary Sales TrailerHUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning GRANT P. KINGSFORD Mayor MEMORANDUM TO: Mayor d Council .~~~~s FROM: L. Stiles, Planning & Zoning Administrator DATE: August 2, 1994 Item No. 21 8/2/94 CC Meeting RECEIVED AUG p 2 1994 CITY U~ l~tltiltJitl~y SUBJECT: Request for Temporary Construction/Sales Trailer in Summerf~eld Park Pointe Realty/G. L. Voigt Development The proposed location of the temporary construction/sales trailer is on the park site for Summerfield Subdivision. The park site is to be developed in the first phase of Summerfield Subdivision even though the entire park area has not been platted at this time. This building would be within the area of the proposed soccer field. Many hours were spent to arrive at the agreed upon dimensions and layout. In addition, we are having problems with the development agreement for this subdivision because of the joint ownership of Voigt/Boesiger, with Boesiger refusing to provide a perimeter fence until construction actually begins on his portion of the property, which is adjacent to the Davis farm. The Davises are upset that they are continually cleaning up after builders and are wondering why all of the promises made during development have not materialized. I recommend that the temporary construction/sales trailer be denied based on lack of conformance with the approved development and apparent misrepresentations by Craig Groves. If the temporary trailer were to be allowed, I ask that it be for a maximum of 12 months and that it be located on a lot other than that intended for the park. • • Meridian City Council August 2, 1994 Page 47 homeowner to keep it up. Kingsford: Well, ideally a lot (inaudible) they ought to maintain the ditch on their own but that isn't going to happen. Is there a motion? Morrow: Can you review where we are at here now? Kingsford: I think we are more or less comfortable (inaudible) in the final plat exclusive of the easement I would suggest to the Council if it is their will to approve the final plat that they stipulate that the CC&R's be amended and reflect those concerns and you might even write those specifically. Morrow. Mr. Mayor, I would move that we approve the final plat for Fawcett's Meadows Subdivision No. 1 subject to compliance with all of staff conditions, also that the Covenants and Restrictions reflect the special usage of the easement for Ten Mile Drain, reflecting the uses the fencing requirements and the types of landscaping that can be done and the notification that it is an easement subject to use by Nampa Meridian at their will. And that the homeowner is responsible for any types of repairs or things that Nampa Meridian may destroy in their maintenance of the ditch. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the final plat of Fawcett's Meadows No. 1 subject to staff approval, and that the CC&R's reflect the easement protection on Ten Mile Drain, spells out uses and fencing, landscaping, note of the easement is a protection of the Nampa Meridian Irrigation District, the homeowners have to repair at their own expense any damage done by Nampa Meridian in maintain that ditch, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Mayor on that development agreement will that be included in that? Kingsford: I think that is where we started out with this, that ought to be in there Shari something along those lines as well as the CC&R's. ITEM#21: G.L. VOIGT DEVELOPMENT AND PARK POINTE REALTY: REQUEST FOR A TEMPORARY SALES TRAILER: Kingsford: Anyone here still from that group? Mr. Merkle, they better not want it for more than 6 months or they are in deep trouble. • • 1 ' Meridian City Council August 2, 1994 Page 48 Merkle: Mr. Mayor, members of the Council I am Jim Merkle from Hubble Engineering here on the behalf of Mr. Voigt who had to leave town earlier this evening. You do have some sample photos of those trailers that the Park Pointe has put up on other projects. They are requesting that, anticipate the trailer to be used for up to 18 months, it is 12 more than the 6 you just talked about. However, in their application they talk about a holding tank for human waste, I talked to him outside before they left, we are going to hook that up to sewer and city water for that particular lot. And the lot they are talking about would be either, it will not be on the soccer field or the well lot it will be on one of the 2 lots to the east or the west at their choice. Corrie: 10 or 13? Merkle: 10 or 13. Kingsford: Well to be consistent with what the Council has done in the past I suggest it be 6 months with a renewal upon request (inaudible). Merkle: We are talking about, Voigt probably owns what will be 140 to 150 lots in the subdivision. They would like to get established there and I think 6 months is a little bit short of a period of time for that type of market. Kingsford: We recognize that, we just have a precedent on the length of time, if there is not a problem I don't think this Council has ever had a problem with extending that (inaudible). Tolsma: Have you seen Shari Stiles's comments? Merkle: No I have not but I would like to. Morrow. Could we have her expound on those comments while Jim is reading them? Your letter dated August 2nd which vuould be today's date which Mr. Merkle is currently reading can you expand on that, we have already addressed the issue of the trailer being in the soccer field which is not the case, but paragraph 2 and then your recommendation is a denial of the temporary sales trailer can you give us some background on what is going on there? Stiles: Councilman Morrow and Mayor and Council I have been getting calls from the Davis's on a weekly basis and I think Bruce Freckleton has been and sometimes on a daily basis. (Inaudible) during the annexation and zoning process and the preliminary plat. The problem is there is separate ownership now with Voigt and Boesiger, neither one claiming responsibility for what the other needs to do. The perimeter fencing was required at the • • Meridian City Council August 2, 1994 Page 49 beginning and 1 interpret that to mean perimeter fencing of the entire annexed property. Boesiger says it is not a condition of his property until he actually starts constructing. The problem now is that Gary Voigt's properties are (inaudible) and they are going ahead and building all of that debris is going over into the Davis's property. I asked Mr. Boesiger if he would consider putting that fence up now to help out the Davis's and get rid of that problem. He said that he didn't want Gary Voigt's trash on his property either. So we are at a point where we really need a development agreement that is signed by both of the owners and can't seem to get an agreement or any satisfaction of something done. And the reason I was recommending it be denied was that one that is was on the parksite and the other that to get these other issues cleared up before we allow any special privilege or something of that nature. . Morrow. How did we get into this mess? Kingsford: Well a variety of things happened, one was Voigt thought that we was buying the whole parcel didn't have the option to buy and Boesiger did. And so we sat here with the problem even on annexation at one point because of who owned what parcel of property. It has had its problems along that line from the beginning. I think I concur with Shari having heard those comments I was unaware the fence wasn't built. Merkle: I would like to address. Kingsford: Let's clear the damn thing up and get a development done would be my recommendation. Merkle: Regarding the development agreement Summerfield #1 development agreement was before the Council probably 2 months ago with an approval based upon details being worked out between staff and the developer. Mr. Boesiger, myself and Shari met last week or the previous week to try to come up with a development agreement that just dealt with his property. The things like pressurized irrigation, landscaping, fencing that belonged to his phase. And we have submitted that to Shari. I am not sure of any subdivision and I would like to know one that if you annex 60 to 70 acres that it is completely fenced upon annexation, I don't think there is one, you fence as you go within each phase. And I think I have heard Mr. Morrow say in previous meetings that fencing prior to construction means home construction. That is the way 1 understood you to say that at a meeting here a couple weeks back. Mr. Boesgier is not against fencing it, it is just impractical and causes a hardship for him to fence the back of his lots before utilities that go along the back of the lot lines are installed. If there is possible grading that has to be done for the lots. Kingsford: I would call attention to the approvals at the time were conditioned upon us protecting the Davis's that is not being done and it needs to be done before anything else • • Meridian City Council August 2, 1994 Page 50 happens. Merkle: I will pass that on, I wish I would have had this letter dated August 2nd earlier this evening we would have had both of them here this evening to clear it up but we don't. I don't have the minutes in front of me but the condition was perimeter fencing prior to construction. Kingsford: And as I recall that discussion it was to protect blowing debris from going onto the Davis's property. (Discussion Inaudible) Merkle:. One solution we talked about was some kind, Mr. Boesiger does have a hardship to try to fence his back property line it would cause telephone cable, pressurized irrigation just a big conflict to construct adjacent to a fence. I think one option would be to have them provide a temporary fence around their phase where they are constructing. Kingsford: It would be my recommendation to the Council that they do that and then come back and talk to us about the temporary sales yard they are building. Tolsma: (Inaudible) one of their comments was that the Council said that would ail be protected (inaudible) very unhappy that it wasn't. I said come to the Council meeting and tell us about it and she didn't (inaudible). You already agreed to that and promised it and everything else and nothing has happened (inaudible). Morrow: Let me ask you, you handle both Max and Voigt's deal? Merkle: Yes Morrow. This is one of those deals that we discussed in terms of a social obligation that we have as builders and developers to make sure that the side property (inaudible) impacted.. Those 2 boys had better get their act together, get the side property thing protected. All of us here understand and you included the intent in terms of fencing is just to keep the construction debris out of their fields. How many $1500 cows do you want to buy. And the question is, you are going to buy them if one of them gets sick because of something they ingested because we are such pigs that we can't take care of our neighbors properly. I think from my perspective is that if woe are going to get their attention we shut down the whole project until the issue is settled. Not only their little trailer house deal which is a minor inconvenience, but let's get the thing up on the table and let us in our industry do what the hell we said we were going to do. And let's protect those other folks interest. That is as I see it, if we are not doing the job we are supposed to do we need to Meridian City Council August 2, 1994 Page 51 do it. • Merkle: I suggest with your proposal tonight it will bring it to a conclusion real quick. Morrow: If they can't get along, they can figure out a way to get along to solve this problem, because their fighting doesn't mean that the Davis's should suffer because they disagree. Let them (inaudible). Merkle: A clarification for my point, when you are talking about an annexation of say 100 or 80 acre or whatever the perimeter gets fenced prior to the development of the property. (Discussion Inaudible) Kingsford: What we are saying is, and the whole intent of that fencing was to protect that transition to agricultural. That was discussed at great length here. Don't let's move that into an area of what is generally considered, you have to fence the whole project, we are looking here at protection. They have got to do that. Morrow. Perimeter fencing Jim in my mind means after the utilities are in (inaudible) make sense to put up 6 foot cedar fencing and then beat the hell out of it with track hoes and everything else putting in all kinds of irrigation (inaudible). You have a 5 foot easement across the back of the property for that kind of stuff you and I both know that in the sweep of (inaudible) back hoe the fence is history. But if in fact we are going to start building on those phases before that (inaudible) is done we need to protect those folks with at best temporary fencing so that stuff doesn't happen. Because their rights to use pre-exist or come before (inaudible) in terms of developing. So it is kind of a grey area to say the least, the other side of the coin is that we need to solve that problem. From my perspective it does not mean permanent fencing when we are several hundred feet away from that phase being done. Because if you put the perimeter fencing in now as you well bring out that is gets destroyed putting in the utilities. Merkle: That is better, that is a good solution, they just need to come to it. Kingsford: Bring that to their attention and let Shari know what that is and we want to see a site inspection, have Mr. Freckleton look at that and make sure it is adequate (inaudible). We they have met that then we will discuss the temporary sales trailer, if that is alright with the Council? Morrow. That would be my suggestion and quite candidly a follow up to that would be if that doesn't come post haste that all building permits cease. • Meridian City Council August 2, 1994 Page 52 Crookston: I think you need a motion to that effect. Kingsford: 1 would entertain a motion to table the temporary sales office for Voigt and Park Pointe until the next meeting pending remedy of the building debris and fence encompassing the Davis's. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to table to the next meeting the request by Park Pointe Realty for a temporary sales trailer pending a remedy of blowing debris and temporary fence, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Mr. Mayor, a point of discussion was. that Bruce Freckleton and Shari are going to (inaudible) Mr. Davis be a part of that because quite candidly he knows what works there and the wind patterns and so forth. Kingsford: Yes, a 3 barbed fence isn't going to protect it. ITEM #22: DEVELOPMENT AGREEMENT: COUGAR CREEK SUBDIVISION: Kingsford: Who is dealing with that, Shari? Stiles: Mayor and Council do you all have a copy of this? It is still a basic boiler plate, Wayne Crookston made some comments on Hartford subdivision but he will make some comments on this. It is not very detailed as you probably figured out on these development agreements. The main issue is the exhibit B and what we require there. We also have another bike/pedestrian path along the south slough here. And again I am wondering whether to make fencing a requirement of that subdivision or ask them to construct that bike path. Right now they have 15 feet from the top of bank, this is a very wide area. I am not sure it is called the Slough, it is a wide canal it is not a natural kind of a stream as it is further to the west. Kingsford: What was the disposition of the Board of Directors at Nampa Meridian when that was discussed? Stites: No Juiy 27, 1994 William G. Berg, Jr. City Clerk, City of Meridian 33 East Idaho Meridian, ID 83642 RE: Application for Temporary Construction/Sales Trailer Dear Will: RECE~VE~ J U l 2 9 1994 CITY (~~ ~~~~~~~~ Park Pointe Realty, Inc, and G.L. Voigt Development, Inc. are requesting approval to install a Temporary Construction/Saies Trailer in the Summerfield Community. Enclosed are photographs of two temporary construction/sales trailer facilities, and a site plan showing the temporary location of the facility. The construction/sales trailer would be serviced by city water, and a holding tank for human waste which would be pumped on a regular basis. We anticipate the trailer to be used for up to 18 months. If you have any questions, please contact me at (208)323-0062. Sincerely Yours, ~' R. Craig Groves Associate Broker Park Pointe REALTY, Inc. P. O. Box 8082 • Boise, Idaho 83707 • (208) 323-0062