Loading...
HomeMy WebLinkAbout2015-08-18Meridian City Council August 18, 2015 A meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, August 18, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, David Zaremba, Joe Borton , Genesis Milam and Luke Cavener. Members Absent: Charlie Rountree Others Present: Bill Nary, Jacy Jones, Caleb Hood, Bill Parsons, Clint Dolsby, Tracy Basterrechea, Chris Amenn, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X _ David Zaremba X _ Joe Borton ___ Charlie Rountree X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: Thank you all for joining us. We appreciate you being here. I will go ahead and start our regular City Council meeting. It is Tuesday, August 18th. It's two minutes after 6:00. We will start with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard at Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will led by Larry Woodard. He is with Ten Mile Christian Church, formerly known as Cherry Lane Christian Church. I will never forget that one. So, if you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us, Larry. Woodard: It's my pleasure. I was at a different city last night and it's a pleasure to be here. But we did win. Our Dear Heavenly Father, it's always good to pause in our busy schedules to recognize you as our Heavenly Father and ask for your blessing as our Council is prepared to take up important city business. I pray tonight for wisdom for these city leaders. According to Webster wisdom is the state of being wise -- of discerning wise choices, of applying scholarly knowledge to an issue. We here in Meridian have been blessed over the years with leaders who typify wise counsel. Our city is growing. People Meridian City Council August 18, 2015 Page 2 of 23 are flocking to our town and so far our infrastructure is keeping pace with development. I pray for the health of our leaders and their families. These folks who are elected to lead and that takes them away from their families for many hours each week. I pray that you would keep them safe and healthy. I learned just recently of a new way that things are treated in Meridian. It's called the Meridian Way. I talked to a policeman who was recognized for having gone the extra mile and I was pleased to hear about this program. What a nice way to recognize our city employees who do something extra for our families. Lastly, I worry about our embattled school administration and pray that the same cooperation we see in this Council chamber will also been common in our school administration. With school starting in just a few days I pray for the teachers, staff, business -- bus drivers and students of our city. Lord, just keep them safe this year. Lastly I pray for our military personnel from Idaho and their families. Many were deployed for training this past month, including my great granddaughter. Having been in the military, the desire these young men and women have to do their best is a common attribute. Keep them safe and should they be called to go into combat zones, I pray your hand would cover them and protect them. Be with us tonight and bless all in attendance, in Jesus' name, amen. De Weerd: Thank you for that nice opening to our meeting. Woodard: Thank you. De Weerd: I guess I would also add one that you missed is our firefighters. We have had a number of wild land fires that have been quite scary to property owners, homeowners. We have lost a lot of land to that. So, thank you for the timely reminder. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On Item 5-D the resolution number is 15-1083. On Item 5-E the resolution number is 15-1084. And Item 7-A has been asked to be continued to August 25th by the applicant. And with that I would move that we accept the agenda as noted. Zaremba: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. Madam -- oh, I'm sorry. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda Meridian City Council August 18, 2015 Page 3 of 23 A. Approve Minutes of July 21, 2015 City Council Budget Workshop Meeting B. Agreement for Street Light and Electrical Maintenance for Historic Light to be Installed at 52 E. State Ave. by Jackson Food Stores, Inc. C. Ada County Juvenile Detention Center Water Easement D. Resolution No. # 15-1083: Resolution Adopting the Annual Rate Adjustment for the Solid Waste Collection Services by Republic Services, Inc. E. Resolution No. # 15-1084: Resolution for Destruction of Semi- permanent and Temporary Records of the Public Works Department. De Weerd: Item 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As stated in the agenda, the two resolution numbers 15-1083, 15-1084, and with that I move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second to adopt the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: There were no item moved from the Consent Agenda. Item 7: Action Items Meridian City Council August 18, 2015 Page 4 of 23 A. Public Hearing: MDA 15-008 Jump Time by ALC Architecture Located Near the Intersection of E. Franklin and S. Eagle Roads Request: Modification to the Development Agreement to Amend the Recorded Development Agreement (DA #111006191) for the Purpose of Modifying the Approved Concept Plan and Specific Provisions De Weerd: Item 7-A is a public hearing on MDA 15-008. They have asked for a continuance on this item. I will open the public hearing. Council, if you so choose we can -- I would entertain a motion to continue this to August 25th. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Is there anybody here that -- De Weerd: Is there anyone here for this item? Okay. Bird: If not, I move that we continue MDA 15-008 to August 25th, 2015. Borton: Second. De Weerd: I have a motion and a second to continue Item 7-A until August 25th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing: RZ 15-009 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Rezone Approximately 1.65 Acres from the R-8 (Medium-Density Residential) Zoning District to the R-15 (Medium High-Density Residential) Zoning District C. Public Hearing: PP 15-011 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Preliminary Plat Approval of Three (3) Multi-Family Residential Lots, Seventeen (17) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.65 Acres in the R-8 and Proposed R-15 Zoning Districts D. Public Hearing: CUP 15-015 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Conditional Use Permit for a Multi- Family Development Consisting of Sixteen (16) Dwelling Units in the Proposed R-15 Zoning District Meridian City Council August 18, 2015 Page 5 of 23 E. Public Hearing: MDA 15-006 Earl Glen by Brinegar Investments, LLLP Located North Side of E. McMillan Road and East of N. Locust Grove Road Request: Development Agreement Modification to Change the Development Plan from Single Family Detached and Attached Homes to all Single Family Detached Homes and a Sixteen (16) Unit Multi-Family Development De Weerd: Item 7-B, C and D and E are all public hearings on RZ 15-009, 15-011, CUP 15-015, MDA 15-006. I will open these public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The hearing item before you this evening is the Earl Glen Subdivision. The property consists of 4.65 acres of land and is currently zoned R-8 within the city limits. This property was before you in 2006 known as the Portico Place Subdivision. At the time that the applicant came before you they were proposing a 26 lot residential subdivision that consisted of a mix of townhomes and single family homes and that was what was tied to -- to the recorded development agreement with the annexation of the property. I would let Council know that the DA remains in effect for this property. However, the preliminary plat that you approved back in '06 has expired and so the applicant is here tonight to discuss a new preliminary plat before you this evening. A rezone, a conditional use permit, and a DA modification. The plat itself will consist of 17 residential lots, three multi-family lots, and three common lots. Seventeen single family lots, again, will -- 17 of the lots will be single family and, then, the multi-family portion and the re-zone of this property from the R-8 to R-15 zoning district is located along the McMillan Road frontage here. You can see here there will be two four- plex structures and one eight-plex structure, for a total of 16 units, as requested under that conditional use permit. What makes this project unique to what you have seen in the past is the applicant is actually providing more open space and amenities than required by the UDC, to be shared by the entire development. So, the plan this evening shows approximately .79 acres of open space, which will consist of an internal walking path, a horseshoe pit, a covered patio structure and both -- again, this open space will be served not only for the single family residential development, but also the multi-family that's planned along the McMillan Road frontage. Access to this development is from East Beethoven Drive, which is -- a portion of it is currently constructed I believe with the Maverick store, which is just to the west of this proposed development. The applicant will be extending that street network into the development and providing local street access to the single family and the multi-family homes in accordance with the UDC. One of the off- sight improvements that the applicant is proposing is to extend this stub street here that will also allow Sheridan Subdivision to the east -- along the east boundary of this project to take local street access to the planned commercial development at Locust Grove and McMillan as well. So, not only are we getting connectivity for this development, but it's also providing vital connectivity to the property to the east. The multi-family units themselves meet the parking requirements and because there will be shared parking and -- parking across the buildable lots there is a condition in the staff report that requires the applicant to provide cross-access, either by a note on the plat or a separate recorded instrument number, so that everyone within the multi-family development will have the Meridian City Council August 18, 2015 Page 6 of 23 right to cross -- access to property and share the parking within the proposed development. Here are the examples of the elevations for you this evening. This will be the multi-family elevations. You can see here there are a mix -- mixture of materials as envisioned under the UDC. Similar elevations can be found at McMillan and Linder with the development that you approved known as Sawtooth Village and, the n, these are the single family elevations for the 17 residential lots here. Staff does have a recommended provision in the development agreement that all elevations shown to you tonight substantially comply with that and staff will verify -- at least the multi-family portion staff will probably work with the applicant a little bit more closely on aligning them with the design standards, but the single family has to comply with the proposed elevations this evening. So, in this graphic before you this evening here are the proposed changes to the development agreement, as I mentioned to you earlier in my presentation. There was a development agreement that ties them to their elevations and their preliminary plat back in 2006. Because there are changes this evening before you we are modifying section four of the development agreement that speaks to the number of lots with the rezone and the preliminary plat and the conditional use permit and, then, also at the time that the preliminary plat was before you, the existing home that is currently on that sight was to remain as part of the development and so a lot of these provisions that you see here struck out in this line pertaining to that home remaining as part of that development and since it will now be removed with the new proposal before you this evening, a lot of these DA provisions aren't applicable and so they need to be removed or stricken from that DA since. So, staff is recommending two new DA provisions as part of the amended DA. One is requiring the applicant to comply with their preliminary plat, the landscape plan, and the conceptual elevations you saw this evening and, then, also we want to make it clear as part of the record that the open space and the amenities will be tied to the entire development -- will be shared between both the single family and the multi-family as part of a cohesive development and that's so really what DA provision number seven speaks to. Summary of the Commission hearing we had -- the Planning and Zoning Commission did recommend approval of this project to you. Testifying in favor was Lance Warnick. No one testified opposition of the project. Mr. Warnick also provided his recommendation -- or his occurrence -- concurrence with staff 's recommendation in the staff report and all conditions of approval. No items of discussion were presented at the Commission hearing and there are recommendations -- or changes to staff's recommendations to discuss with you this evening and there aren't any outstanding issues for you either. Since the Planning and Zoning Commission we did receive written testimony from the applicant's representative Lance Warnick. Again, he's in agreement with all conditions of approval in the staff report. With that I will stand -- I will conclude my presentation and stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions for staff at this time? Bird: I have none. De Weerd: Okay. Hi, Lance. If you will, please, state your name and address for the record. Meridian City Council August 18, 2015 Page 7 of 23 Warnick: Thank you very much. For the record my name is Lance Warnick. I'm a professional engineer with Aspen Engineers. Business address is 485 West Main Street in Kuna. 83634. I'm here tonight as the applicant's representative Brinegar Investments, LLC. As always I do want to thank staff, particularly Bill for working with us on this project. He covers things so well. It gives me an opportunity to say less up here and I appreciate that. We have actually been working on this property in this configuration and some variations of it for about a year. We actually sent in application for this very property last year that had the south portion being commercial. In talking things over with city staff and the developer, we realized the wisdom of changing the application and we have gone with this multi-family component on the south -- the south as well with what I think the city wants to see, as well as it provides -- helps provide a buffer for the single family residences from the Maverick Store that we have over on the west portion, the big Idaho Power facility we have got on the south side of McMillan, as well as the traffic on McMillan. I'm actually the engineer that did that project that Bill talked about, Sawtooth Village that's going -- that's under construction right now at the corner of Linder and McMillan and these buildings are being done by the same architect. They look nice. If you have a chance to look at the elevations or the buildings they look -- look much like a single family home from the side. Each side, essentially, has a unique entry coming into them and a lot of modulation and so I commend the developer for putting that forward. Essentially, you know, what we are asking for is approval of the rezone to allow that multi- family on the south. The preliminary plat with the 17 single family lots and three multi- family lots. The comp plan -- excuse me. Not comp plan. The conditional use permit -- too many C's. For the apartments and, then, the development agreement and as staff has stated we are in agreement with the recommended conditions and just simply ask that you approve our request tonight and with that I would stand for any questions. Thank you. De Weerd: Thank you. Council, any questions? Bird: I have none. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: When we look on what's on the screen now, will you point out the trash enclosure. Is that it right as you turn into the entrance? I know there is reference to that in the staff report about its location. Warnick: Yes. Madam Mayor, Members of the Commission. The -- I'm lousy when I'm using this thing, but, yes, it's right where the street curves and it goes straight north, there is a trash -- yes. Right where that cursor is moving now. That's the trash enclosure location and they have requested it be -- we look at some options with that, so -- Borton: Madam Mayor? So, what has that done? In relation to what we are doing tonight as far as -- if that might be relocated somewhere? The reference was that i t was, you Meridian City Council August 18, 2015 Page 8 of 23 know, right as you turn into the -- into those units, the first thing you do is turn into the trash enclosure. Is that -- Warnick: Yeah. Madam Mayor, Members of the Council, I believe we could address the specific location for that trash enclosure as part of the design review and certificate of zoning compliance that would be issued when these projects are actually submitted. There is some other things talking about -- I have got an area in the parking lot with buffers 4.8 feet and I need to widen that out to five, so there will be some tweaks that we will be making, but staff will have that opportunity to provide feedback, as well as the trash folks having to approve that trash location, so -- Borton: Okay. Warnick: Thank you. De Weerd: Any other questions? Okay. Thank you. Warnick: Thank you. De Weerd: Okay. I did have someone sign up. Penelope Riley. Thank you. Is there anyone who would like to provide testimony on this item? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing that we have no more public testimony or anything need ed through the public, I move we close RZ 15-009, FP 15-011, CUP 15-015 and MDA 15-006. Milam: Second. Zaremba: Second. De Weerd: I have a motion and a couple seconds to close the public hearing on these items. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve RZ 15-009 and to include all staff, applicant, and public testimony. Borton: Second. Meridian City Council August 18, 2015 Page 9 of 23 De Weerd: I have a motion and a second to approve Item 7-B. Any discussion from Council? Madam Clerk, will you call role. Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton , yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 15-011 and to include all staff, applicant and public testimony. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-C. If there is no comment, Madam Clerk. Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton , yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Item 7-D. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 15-015 and to include all applicant, staff, and public testimony. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-D. Any discussion? Madam Clerk. Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton , yea; Milam, yea; Cavener, yea. Meridian City Council August 18, 2015 Page 10 of 23 De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before I make the motion, I want to -- Bill, you and the applicant have done a great job on this. This is -- this is a real addition to that area out there and it's something that's very practical at that location, so I appreciate that. With that I move we approve MDA 15-006 and to include all applicant, staff, and public testimony and that would be -- includes the changing of section four in the MDA. Borton: Second. De Weerd: I have a motion and a second to approve Item 7-E. Do I have any discussion? I will say, please, tag this part of the minutes that Mr. Bird actually likes a multi-family development. Just wanted to specifically note that. Madam Clerk, will you call roll. Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Bo rton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Public Hearing: AZ 15-007 Sovi Subdivision by DevCo, LLC Located 3515 S. Eagle Road Request: Annexation of Five (5) Acres of Land from the RUT Zoning District in Ada County to the R-15 (Medium-High Density Residential) Zoning District G. Public Hearing: PP 15-010 Sovi Subdivision by DevCo, LLC Located 3515 S. Eagle Road Request: Preliminary Plat Approval Consisting of Thirty-Six (36) Single Family Residential Lots and Seven (7) Common Lots on Approximately Five (5) Acres in a Proposed R-15 Zoning District De Weerd: Okay. Item 7-F and G are public hearings on AZ 15-007 and PP 15-010. I will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda is the Sovi Subdivision. This site consists of 5.08 acres of land as part of the annexation boundary and the preliminary plat itself is 4.86 acres. It's currently RUT in Ada County. Meridian City Council August 18, 2015 Page 11 of 23 The applicant is requesting to annex this property into the city with the R-15 zoning district. Currently you can see surrounding this development we have a school to the west boundary, which is zoned R-4. Medford Place Subdivision, zoned R-8 on the north boundary. We have got Eagle Road on the east boundary and, then, on the west boundary -- or, excuse me, the south boundary we have a platted common lot with the Tuscany Subdivision and, then, East Rome Drive. Currently the house -- the site is developed with a county residence that will be removed upon development of this property. The applicant is proposing to preliminary plat this project with 36 residential lots and eight common lots. Primary access to the development will come in from -- will be extended from South Milan Avenue here and, then, extension of some internal local streets, which have been approve by ACHD with this layout. Secondary access will be provided to East Rome Drive by a common drive and, then, an emergency access across the common lot. During the Planning and Zoning Commission hearing staff had recommended that the applicant extend the street to the south boundary, so that it could be -- there could be a potential partnership for ACHD and the city to pursue a roadway connection across the common lot in the future. During that hearing the Planning and Zoning did remove that requirement to extend the street. So, the plat that's before you this evening did show you what the Planning and Zoning Commission did approve as part of their recommendation for you this evening. A landscape plan is to the -- on the right for you to look at. Because the site is just slightly under the five acre minimum, the applicant is not required to provide ten percent open space as required by the UDC. As part of -- prior to going on before the Planning and Zoning Commission, again, staff had some concerns with the open space proposed for this development and some connection s to the school site. In the Commission rec prepared for you this evening certainly the applicant was able to work through some of those challenges that were brought up in the staff report and so the plans that are before you this evening do reflect a lot of the concerns that have -- that staff brought up in the staff report and these were also addressed prior -- or at the Planning and Zoning Commission as well and that's why originally staff was recommending denial of this project when we took this forward to the Planning and Zoning Commission. But because of the work that the applicant was able to do prior to that hearing, the Planning and Zoning Commission felt comfortable to provide a recommendation of approval to you this evening with conditions that are currently represented in the staff report. So, one of our concerns was, again, the open space and how -- originally when we were doing the applicant's survey of this project, we were concerned that there was a no man's strip along the west boundary of this project. The applicant worked hard and was able to incorporate that sliver into the proposed development. Now how is that to function? The applicant will have to explain that to you and based on how they would acquire the property. In our discussions with the applicant there are some concerns that this property isn't insurable, but there are some opportunities for the applicant -- the applicant to, basically, through the CC&Rs, deed that to these property owners or at least give them a prescriptive use agreement -- use easement for the adjacent homeowners to use that in perpetuity as part of their -- their lot forever and ever. But, again, I will let him explain his dilemma with the company on how those are to function as part of the subdivision moving forward and that certainly is an outstanding issue that you need to take under consideration this evening. The applicant did provide some home elevations for you. This -- the home elevations that are presented Meridian City Council August 18, 2015 Page 12 of 23 to you this evening represent what was approved with the Zolterra Subdivision, which is currently under construction behind the Capital -- Capital Christian there off of Fairview and Hickory. The applicant is requesting that R-15 zoning district, so that they are able to take advantage -- not only for an in-fill project, but also take advantage -- or get some relief from the dimensional standards of the R-8 zoning district. So, comprehensive plan for this project is currently designated medium density residential. We anticipate densities between three and eight dwelling units to the acre, even though the applicant is requesting we step up in zoning to the R-15 zoning district, this project does come in at an overall density of 7.55 dwelling units to the acre. So, it does fall within the density range of that comprehensive plan. I think that's what the applicant is trying to achieve here. You can with Metra Place we have a combination of single family and multi-family. We have lower density to the south. We have some lower density on the other side of Eagle Road, but the applicant wants to take advantage of not only this product type, but also maximize their density on this in-fill piece of property. As part of the annexation request staff is recommending that a development agreement be part of the annexation approval. The first DA provision that we are recommending this evening would be the inclusion that they comply with the plans that are showing to you this evening. On that open space that is located in the north -- I guess southwest corner of the development, the applicant is proposing a covered picnic shelter. They have been working closely with the school district on getting a pedestrian connection to the school site on the west boundary as well and that is part of the approval. And, then, of course, you have seen the elevations. This particular project will have a combination of attached product and detached product. So, we want to make sure that they construct those homes as they are showing -- as they are representing them to you this evening and, then, also because some of those lots are visible from the adjacent corridor, the arterial streets, we want to make sure that staff looked at those prior to them getting a building permit and that those elevations that back up against Eagle Road have some modulation and some mix of materials, so that you don't have a blank façade up against the arterial roadways and that's pretty typical from what you have seen from staff over the last couple months with the public hearing items. So, just summarizing what's happened or transpired since the Planning and Zoning Commission hearing -- again, they -- staff's original recommendation was for denial on this project. Again, the hard work that the applicant did, the Commission recommended approval of the project before you this evening. Testifying in favor of this application was Jim Conger. Jim Conger also provided written testimony on the staff report. Again, he wasn't thrilled with the denial. Ann Marie Baird, Steven Yearsley, and Jerry and Judy Farrell submitted written testimony on the application as well. It's probably the most important key item of discussion by the Commission was that vehicular connectivity to East Rome Drive and how that would function in the future. As I mentioned to you the Planning and Zoning Commission did overturn that commission -- condition of approval and did not require the stub street as recommended by staff. So, really, there are two outstanding issues for you this evening -- one, as the condition is written in the staff report -- and that is condition of approval 1.2.2A, it does still require Council action to either strike that condition or leave it as stands -- as it's written in the staff report. Currently it still requires the stub street. I would mention to you that ACHD -- in working -- talking with ACHD, in speaking with the Tuscany homeowners a ssociation, they are not in favor of that stub street. They have provided written testimony. ACHD feels there is no public Meridian City Council August 18, 2015 Page 13 of 23 value for a stub street along the south boundary and that's why they didn't require it as part of their review and Planning and Zoning Commission didn't feel -- because ACHD wasn't pushing for it, they didn't feel they had the authority to require it as well. Now, I would mention to Council that there are other opportunities for connectivity there. As we go back up to the aerial there is a stub street and there is another piece of property that could annex into the city. There are stub streets from both developments on the west and east boundary that could provide some more connectivity to that area and allow parents to get kids to the school site. But without having that pedestrian connectivity here the only way at this point for kids -- is parents were to drive their kids to school they would have to turn onto Eagle Road, back onto East Rome, and drive them to the school site. So, keep that in mind as well. And, then, the other outstanding issue for you to take under advisement is how you would like the applicant to address those two common lots along the west boundary, as I mentioned to you in my presentation. Currently those are common lots. It would be staff preference that those be incorporated into the adjacent buildable lots, but given the challenge that the applicant faces with the title company they may be better served just to designate those as nonbuildable lots and have the applicant, through their CC&Rs allow those adjacent homeowners to use those in perpetuity as part of their side yard and not allow any fencing across those -- that area and leave it open. With those two items, again, staff is -- as Planning and Zoning Commission and staff are recommending approval of this -- or Planning and Zoning Commission did recommend approval of this project and staff would like you to act on those t wo outstanding issues. With that I will conclude my presentation and stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bird: Not at this point. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Bill, what is the proposed gross density? Parsons: Yeah. As I -- Madam Mayor, Members of the Council, as I stated in my presentation, it's 7.55 dwelling units to the acre. Milam: Okay. Parsons: So, it's on the high end. Milam: Seven point -- Parsons: 7.55. Milam: -- Five five. Thank you. Meridian City Council August 18, 2015 Page 14 of 23 De Weerd: Okay. Cavener: Madam Mayor? De Weerd: Yeah, Mr. Cavener. Cavener: Bill, what -- what was the Tuscany HOA's opposition to the street connection? I didn't see it in the HOA's letter, specifically what their objection is. Parsons: Madam Mayor, Members of the Council, I -- a little background on this. Originally when Tuscany came through staff's position on that was that would be a stub street connection. It was meant to be a public road. That was the intent. As part of the conditions of approval of Tuscany development, the developer at that time was given an option. Either provide a stub street or provide a cross-access easement to that property. Well, the developer choose the route of providing a 50 foot wide cross-access easement to this particular property and now that it's a platted common lot with a private easement, ACHD felt like they didn't have jurisdiction over the land or it requires a stub street. Planning said if you got something from writing we would still have to bring it in -- bring it up in our staff report, but we need something in writing from the HOA. So, they just don't want anyone -- any cut-through traffic -- anymore traffic on their -- on a public street that's meant for the public to use. So, that's their stance on it. They just did not want any cut- through traffic through their development. Cavener: Okay. Thanks. De Weerd: Okay. Any other questions? Would the applicant like to make comment? Again, if you will, please, state your name and address for the record. Conger: Thank you. Yes, Madam Mayor, Members of the Council. Jim Conger, 4824 West Fairview Avenue, here in front of you. Thanks for letting us come back again. This time we have a Sovi -- Sovi Subdivision. Bill is bringing mine up. So, usually we are on some bigger parcels. We are excited to be in front of you guys today with a -- with a true in-fill, one of the last parcels in this area that's up for development. It's going to have, as Bill indicated, similar product or identical product to our Solterra Subdivision that's currently being built near Eagle and Fairview. As you can see with this in-fill come a bunch of great public benefits -- will annex this last piece of the county and get it in the city. We are going to give the cross-connection of this long awaited sidewalk that's the last stretch on Eagle Road that is missing. We have got the school, which a lot of people are worried about driving to. We have the connection point that the school -- you know, has got the YMCA in the front and the school off the side. We are less than a half a mile to a world class city park that's inside the existing neighborhood of Tuscany and Messina. We just -- I mean there is point after point of benefits with this last in-fill in this area that makes this property extremely advantageous. This is what you're getting rid of. You're getting rid of the county property, the old house, the area that doesn't have a water right, that has water delivery. Last year this -- this final fence that's right here is less than one year old. They caught it on fire and it burned down the HOA's vinyl fence. So, there is a Meridian City Council August 18, 2015 Page 15 of 23 plethora of reasons why this in-fill is very positive and which will stand to one of my points of why you won't see neighbors here tonight. We have had several neighborhood meetings. We have had a meeting with the HOA board, which we will talk about in a minute, over the connection of this road. There has been lots of touches with the neighbors and they -- I mean, obviously, we had a couple letters early, but nobody at the Planning and Zoning hearing and I doubt we will have anybody here tonight because of how positive this last little in-fill to become the City of Meridian is. Again, this is just talking about -- I said it a little bit earlier, that the park that's literally less than a mile away -- again, the elementary school and everything that comes along -- all the positives that come along with that for this property. Single level. There was discussion at Eagle Road. Tahoe is a big driver in trying to keep some of the various entries and things of that nature down to single level, so we will have the single level product not only at -- down Eagle Road, which is there, also the entry into Tuscany and Messina Meadows at that point. Gap strip I will hit really quick. It's these two portions of green and, of course, this little strip right here. This was missed 30 to 40 years ago in a deed. The legal description changed. It's a five foot strip. We didn't think it was ours forever. It did become ours. The lawyers have already converted that over -- got it deeded over and it's part of the sale, so that -- those, again, don't -- don't need to be long and drawn out. They will be landscaped. We will most likely make them part of these lots as use easements would make the most sense, because they are only five feet wide. They look big, spacious and green on the map. Again, they are five feet wide. Kind of moving into the next part. I don't need to go into that as much. We are a little frustrated. We don't understand the staff report. We had a very good meeting at the Planning and Zoning Commission. We don't quite feel the staff report gave you a proper summary. Obviously, I wrote a letter that hopefully got in the packets on Monday of what was approved -- not approved, but recommended for approval. Obviously, they are a recommending body. We know that. So, I think there is still two issues on the table that I just want to make sure everybody on the Council is crystal clear on and that is the stub road to Rome that staff is still -- still talking about wanting you to -- to approve that condition. I'm going to run you through -- this will be the longest part of the speech. Obviously in 2001, which is not that long ago, that wasn't a very good condition that was put upon them. The ingress-egress easement that is put on that plat is for private use only. The Ada County Highway District's legal department will not allow a public road to go over that. They don't have a legal right to go over that easement. It is a -- for private use only. So, that area we are talking about is right here. Clearly nobody buying in that neighborhood is looking at a plat and understanding the easements. That is what you see today and that is what -- and, hey, if that was public easement we would be connecting the road and we wouldn't be having this discussion. As you see and look down, that same area is right there. There -- there is no public easement that exists. So, what city staff said originally was you go meet with the HOA and you get an easement and we said, well, you probably know the odds of that are probably pretty slim. But we -- we went on that direction and we went and, obviously, that -- that didn't occur. So, ACHD created a staff report that said we are not going to support that road stub, so if you give this applicant in the City of Meridian a condition to adhere with ACHD, they are never going to -- it's going to be a do loop. You're never going to adhere with that condition. So, two days before Planning and Zoning -- because staff continues to want this condition, ACHD wrote another letter -- or in an e-mail to city Meridian City Council August 18, 2015 Page 16 of 23 staff saying we -- we are going on record again. We will never support a stub road to the south and you can continue to read it. Tuscany, which this is in the file, I had a board meeting, I went in, I gave all the reasons of the good connectivity, why they ought to do it, I didn't get thrown out, but it was pretty close. But they did take a board vote and, then, provided this documentation to the City of Meridian and myself, stating we have voted, we will never, you know, allow a public easement across this. So, we -- we continue to fight -- fight this. It would be a condition that we can adhere to. If we stub a road to nowhere, ACHD is not going to even allow that stub -- stub for possibly even a hundred years or maybe an easement. ACHD is not going to support that either, because they aren't going to spend taxpayers' monies maintaining a road to nowhere for a hundred years and that's about how they explained it. So, that would be very good for the community and very good for us if that was able to be connected and we would do it, but it's just not an option. I'm starting to feel like I'm beating a dead horse, but we have -- De Weerd: I think you are. Conger: -- we have been beating this horse for two months, so I -- I would love to get rid of it. The second item is -- there is a condition 1.1 -- or 1.1.5. I have not seen a condition like this. You guys have to approve the common driveways. We actually designed this and what's submitted in front of you today adheres with the Unified Development Code, so we don't understand that condition, but we would like you to definitely -- in your motion, much as the Planning and Zoning Commission did, they approve d the layout that adheres with the Unified Development Code. I think in closing and circling back to a little more positive, this project -- we had a great in-fill neighborhood that you like and the existing infrastructure with the streets, the sewer, the water -- everything is there. We are building very nice, well appointed homes that are put next to the school and there is a park next to the church and several good businesses along Eagle Road. So, in closing, we respectfully -- respectfully request tonight that you approve the conditions that were moved forward with you with the Planning and Zoning Commission, which deleted condition 1.12A and approve the common drives in 1.1.5 that we designed per the Unified Development Code. And I would stand for any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Jim, what is the -- your size of lots out there? Conger: Yeah. Madam Mayor, Council Member Bird, these lots range from 40 foot by 105, so 45 -- 4,100 square feet and the -- and the detached homes are 32 foot by 105. So, end up being 3,400 square feet. Bird: Thank you. De Weerd: Okay. Any other questions from Council? Meridian City Council August 18, 2015 Page 17 of 23 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I'm going to belabor it just a bit. Who -- who is the beneficial user of that easement? Conger: Yes. Borton: Who is it intended for? Conger: Council -- or Madam Mayor, Council Member Borton, that easement, which is only written as a plat note on a plat that was recorded in 2001, is -- is that area, of course, that we are talking about and it is just a common ingress-egress easement. It is less than six words. There is no benefit. There is -- I mean it's -- from a private standpoint they can't stop an emergency road, things of that nature, from a public standpoint it's not strong enough for the highway district to utilize. Borton: Madam Mayor? Is it sufficient for a private road connection? If you were to extend that to the south as a private roadway, would they be able to prevent its connection and use onto Rome Drive? Conger: Madam Mayor, Council Member Borton, this has been looked at from a private road standpoint, that we start getting back into highway district policies of two publics connected with a short piece of private doesn't adhere with their policy. You guys have a policy in your private road standards that I would have to put a gate on it, so we would end up having a gate on both sides of this. To -- to follow your policies of private roads I don't think we could adhere with a gate and to follow ACHD's policies we can't get there with a private road either. This area has a very full entrance and, obviously, when it is built out clear up -- you know, the circulation pattern, it's designed to fully circulate one more five acre and so I said we are one of the last -- there is one more five in-fill that that will go -- and, then, circulation is -- is as good as the master plan, probably intended it. Borton: Madam Mayor, I do think it's an impressive solution to some challenging in-fill, but despite what either city policy or ACHD policy dictates, would you think that policies aside, the private road connection would -- would be a better solution for that connectivity, assuming it were even compliant and is that really the best way to go? Conger: Madam Mayor, Council Member Borton, let me back up a couple of slides and, you know, we have been so involved with this that we are almost profe ssionals on it. I think there is several reasons why -- how it's designed today and is what the highway district from a transportation standpoint, we all hear connectivity, connectivity and connectivity and we are believers of that as well. I think from what this road is functioning that -- and the amount of traffic, the majority coming into the intersections, I think from a private road I think you're going to open yourself up from the HOA possibly hiring a lawyer. That's -- that's only -- I mean here is -- you know, that maybe or maybe not. So Meridian City Council August 18, 2015 Page 18 of 23 close to Eagle Road. Becoming a four-way stop. Obviously, it will function. Obviously it won't go past classifications, but this being the twin setup and the ultimate ingress-egress for daily traffic off Eagle and the ultimate come out to get to Victory, in the long run I don't think you're gaining anything for a private street that you're going to open up to general public for flowing. You're going to have 37 people that I guess are going to have to maintain that -- what I would call almost a public roadway, because it isn't functioning as a private roadway. So, we are now going to burden 37 people to maintain a private road. I mean we have done it before, but it doesn't -- I think for what you're gaining it doesn't make sense I think is what everybody is exhausted it to be. Borton: Okay. De Weerd: I guess I'm less concerned with access to the south and the access to the west and how you connect that remaining five acres. You're going to -- is that -- is that the property of the school? To the left? Conger: Property of the school is in green. De Weerd: Okay. Conger: Yeah. The -- De Weerd: So, what is the remaining property you mentioned? Conger: Can you -- Bill, do you mind pulling yours up? Madam Mayor, we will have -- De Weerd: That sliver between -- Conger: So, we are going to come out right here. It's coming up here. And, then, ultimately connect. This is the last parcel that will go -- that will ultimately connect and feed not only to Victory, but feed backwards into that neighborhood. I see less traffic going that way. But traffic will go to Victory. Victory has less traffic than Eagle. De Weerd: When I start to learn how to read a plat I will let you know. I -- I don't have a problem with the connection. That is a busy arterial and most of the traffic probably should be on foot and you have a pathway that's connected through that little common green spot in the southwest corner; is that correct? Conger: Madam Mayor, that -- De Weerd: It's blue. Conger: It is -- it's centered on our property, the connection to the school, so it will function right out of the sidewalks and right into the school property. And we already have written approval out of the school district to -- right now they have a fence, so we have the written approval to put a gate and a pedestrian access. We have to probably go 120 feet Meridian City Council August 18, 2015 Page 19 of 23 into their property and put in additional pathway at our expense, which is wonderful -- going to be wonderful for our people as well. De Weerd: And so those driveways you will have a fence that separates the development between the kind of common area along that arterial; is that correct? To not have a fence there. Conger: So, Madam Mayor, are you talking on the arterial here? Bird: Talking right there on the -- De Weerd: Yeah. On the south part of your property along Rome. Conger: Yes. De Weerd: The road to Rome. Conger: So, Madam Mayor, the answer to your question -- I will put it in blue, but we -- the fence already exists. We will actually have a pedestrian access coming across that private easement and that will tie to the sidewalk and pathway system that already exists on Rome. De Weerd: Okay. Conger: We will also -- De Weerd: And they are okay with the pedestrian access across their easement? Conger: Yes, Madam Mayor. They are okay with that. In our meetings and from a legal standpoint they actually don't have a choice on that. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: As to the western property boundary and the ten foot strip that you have acquired, described as a perpetual use easement, is it contemplated that that strip lies within the fenced boundary of the homeowners, yet owned by t he HOA and the HOA allows the homeowner to use it in perpetuity? How -- is that correct? Conger: Yeah. Madam Mayor, Councilman Borton, that is correct. That is very much a common tool that we will use. It will be a use easement that we already use in our Solterra neighborhoods and others where you're using the side yard use easements. So, that will be a nonbuildable building lot, albeit only five feet wide, it will have a usage Meridian City Council August 18, 2015 Page 20 of 23 easement granted from the HOA to those individual users. It will be fenced -- from the layman driving down the street or walking down the street you won't know it's not their lot and they will have the legal right to use it. Borton: Okay. De Weerd: Okay. Any other questions? Thank you. Conger: Thank you very much. De Weerd: This is a public hearing. Is there anyone who would like to offer testimony on this item? Okay. Council? Zaremba: Madam Mayor? De Weerd: Mr. Bird. Zaremba: Just a curiosity about those two common lots that the neighboring homeowners will be able to use. I don't know if Bill or Caleb would know -- when they come in for building approval where are we going to measure the setback from? Will they be able to build closer to their property line or are we still going to measure setbacks from their official owned property. Parsons: Madam Mayor -- Madam Mayor, Members of the Council, Councilman Zaremba, I would be -- my recommendation would be measuring from the property line, so -- we can get back to the plat here and I will use -- so, this would be the property line here. So, its setback would be three feet from that boundary. So, they just get a wider side yard. Zaremba: Okay. Just wanted to make sure which ever way it went that it was understood. Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, could you maybe elaborate on 1.1.5? Was that -- that was approved by the Planning and Zoning Commission, but not recommended by staff? Parsons: Madam Mayor, Members of the Council, Councilman Milam, the way the condition is written now -- and hopefully I will just -- we have two conditions. One was the requirement for the stub street, but if you don't require the stub street, then, basically, it says you're to approve it as shown this evening and that's what 1.1.5 says. So, it says this Commission and Council approved the use of the common driveway as shown. So, that, basically, would get stricken and those lots would just take access from the common drives or at least that portion of the condition. Meridian City Council August 18, 2015 Page 21 of 23 De Weerd: Any other questions from the Council? Bird: I have none. De Weerd: Nothing for Justin with ACHD? Or the applicant? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more questions or anything, I move we close AZ 15-007 and PP 15-010. Milam: Second. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Item 7-F and G. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve AZ 15-007 with all staff and applicant testimony. Zaremba: Second. De Weerd: I have a motion and a second approving the annexation on Item 7-F. Any discussion? Madam Clerk, will you call roll. Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton , yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council August 18, 2015 Page 22 of 23 Milam: Move that we approve PP 15-010, with all staff and applicant testimony. Delete 1.2.2A and approve 1.1.5 and I wrote in here providing that there is pedestrian connectivity to the school, but that sounds like it's already there. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Would Council Woman Milam just repeat that motion? I want to make sure I heard it correctly. I'm sorry. Milam: We -- no problem. The week -- 1.2.2A. Approve 1.1.5 and make sure there is pedestrian connectivity to the school. Cavener: Okay. 1.2? Milam: 1.1 -- Cavener: You said 1.1. Milam: Oh, one point -- I probably just wrote it down wrong. You're right. I -- Cavener: There is a method to my madness. 1.12A? Milam: 1.1.2A. Yeah. I wrote down 1.2 for two. Bird: Second agrees. De Weerd: Thank you, Mr. Cavener. Milam: Appreciate that. De Weerd: Any other discussion? Madam Clerk, will you call roll. Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council August 18, 2015 Page 23 of 23 Item 8: Future Meeting Topics De Weerd: Okay. Item 8 is under future meeting topics. Council, any topics for future agendas? Okay. I would entertain a motion to adjourn. Bird: So moved. Borton: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:01 P.M. (AUDIO RF -C9 DING ON FILE OF THESE PROCEEDINGS) MAYOR T Y de EERD DATE APPROVED J�tTTG� n UCVST ATTEST: °¢ ciryar '} } EI IDIAN#-- nno) JAYCE OLMAN, CITY CLERK SEAL r "yr