HomeMy WebLinkAbout2017-08-15Meridian City Council August 15, 2017.
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday,
August 5, 2017, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Ty Palmer,
Luke Cavener and Genesis Milam.
Members Absent: Anne Little Roberts.
Others Present: Bill Nary, C.Jay Coles, Kyle Radek, Caleb Hood, Officer Caldwell,
Joe Bonjiorno, Jaycee Holman, Sonya Allen, Josh Beach, Mike Barton, and Dean
Willis.
Item 1: Roll-call Attendance:
Roll call.
___ Anne Little Roberts X _ _Joe Borton
X__ Ty Palmer X__ Keith Bird
__X___Genesis Milam __X__ Lucas Cavener
__X Mayor Tammy de Weerd
De Weerd: Thank you all for being here tonight. We appreciate you joining us.
For the record it is Tuesday, August 15th. It's a few minutes after 6:00. We will
start with roll call attendance, Mr. Clerk.
Item 2: Pledge of Allegiance
De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all arise
and join us in the pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Troy Drake with Calvary Chapel
De Weerd: Item No. 3 is our community invocation. Tonight we will be led in our
community invocation by Pastor Troy Drake with Calvary Chapel. If you will all join
us in the community invocation or take this as an opportunity for a moment of
reflection. Thank you for being here.
Drake: Madam Mayor, Council Members, let's pray. Lord God in Heaven, just as
I was reading the agenda I was reminded that your word says that to do -- let all
things be done decently and in order and, Lord, you created all things in order.
Our bodies. The solar system. Even the weather patterns and we are so grateful
that you are not the author of confusion, but of peace. And, Lord, we are just
praying for our nation, that we would have peace in this country, that they would
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turn their hearts towards you and all the hatred and violence would cease, God,
and we would be a nation of peace. And, Lord, we are also praying for our city
here tonight and that it would be peaceful and we especially think of those who
keep the peace, like the police officers, and that you would protect them, God.
And, lastly, but not least, Lord, we pray for our elected officials here, this Council
and the Mayor, and that you would give them wisdom and much grace as they
served this community and that they would make good decisions that are in the
best interest of our city and that you would just help them with much wisdom. So,
we thank you so much ahead of time for what you're going to do and it's in Jesus'
name we pray, amen. Thanks.
Item 4: Adoption of the Agenda
De Weerd: Thank you, Troy. Okay. Item No. 4 is adoption of the agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: On the Consent Agenda, Item 6-E is proposed resolution number 17-2023
and on Item 10-A, the proposed ordinance is 17-1743. And with those additions I
would move that we adopt the agenda as published.
Bird: Second.
De Weerd: I have a motion and a second to adopt the agenda as published. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes
Maximum)
De Weerd: Under Item 5, Future Meeting Topics, Mr. Clerk.
Coles: Thank you, Madam Mayor. We had one individual sign up, Ken Marshall,
who wishes to speak about a zoning change in Bridgetower West. Mr. Marshall,
as a reminder you're allowed up to three minutes and may speak generally about
the topic.
De Weerd: Thank you. Is Mr. Marshall here? Oh, well, very good. Thank you.
Item 6: Consent Agenda
A. Approve Minutes of June 20, 2017 City Council Budget
Workshop
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B. Approve Minutes of June 27, 2017 City Council Special
Meeting
C. Knighthill Center Subdivision No. 2 Water Main
Easement, Lot 6, Block 1
D. Whiteacre #3 Sanitary Sewer Easement
E. Resolution No. 17-2023: A Resolution Amending City of
Meridian Standard Operating Policy 3.5 - Travel and
Expense Reimbursement
F. Final Plat for Geddes Subdivision (H-2017-0101) by
Schultz Development Located Southeast of the W.
Ustick Road and N. Black Cat Road Intersection
G. Development Agreement for Silverstone Apartments (H-
2017-0060) with William P. Bienapfl, Jr. (owner) and,
DevCo, LLC (Developer) located at 4225 E. Overland
Road, in the NE 1/4 of Section 21, Township 3N., Range
1E
H. Professional Services Agreement with Allison Aldape,
for Emily Aldape (a minor), for Traffic Box Community
Art Project for an amount Not to Exceed $300
I. Professional Services Agreement with Tarey Potter for
Traffic Box Community Art Project for an amount Not to
Exceed $300
J. Approval of Award of Bid and Agreement to STEV ENS &
SONS WELL DRILLING, INC. for the STOREY PARK
WELL project for a Not-To-Exceed amount of $59,550.
K. Approval of Sole Source purchase to TC Sales &
Services for “Vaughan Pump” Purchases. Council has
previously awarded a sole source for these pumps. The
manufacturer has moved its distribution to a new
vendor
L. Approval of Change Order 3 to JC CONSTRUCTORS for
the “WRRF LIQUID STREAM CAPACITY EXPANSION”
project for a Not-To-Exceed amount of $94,514.57. The
new contract total of $35,555,582.76 is (-$9,417.24) below
the original contract value due to the 2 previous
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deductive change orders. Therefore no additional funds
are required.
M. AP Invoices for Payment - $1,876,447.43
De Weerd: Okay. Item 6 is our Consent Agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: As stated previously, Item 6-E is Resolution 17-2023 and with that
inclusion I would move that we approve the Consent Agenda as published and for
the Mayor to sign and Clerk to attest.
Cavener: Second.
De Weerd: I have a motion and a secon d approve the Consent Agenda. If there
is no discussion, Mr. Clerk, will you call roll.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 7: Items Moved From the Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 8: Community Items/Presentations
A. Annual Rate Adjustment for Solid Waste Collection
Services as Presented to the Meridian Solid Waste
Advisory Commission on July 26, 2017
De Weerd: So, we will move to Item 8 -A under community presentations for a
discussion on annual rate adjustment.
Remling: Good evening, Madam Mayor and Commissioners. Rodney Remlin g
with Republic Services. Controller. Thank you for taking the time to hear our
request for a price increase. This is our annual price increase with one rate
adjustment, which we will talk about in a minute -- or a new rate. The annual rate
adjustment is a request for 2.26 percent. That's 90 percent of the CPI at 2.51
percent and that's a 29 cent change for residential customers and, then, the one
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new rate we have relates to commercial customers, so with the growing economy
and additional business that our commercial customers are receiving -- some of
our customers are overfilling their containers, creating issues with service and also
cleanliness of the city and so we are requesting a rate for additional yards. We do
pay for that disposal and this is a recovery of an actual cost. We do have the ability
to take pictures and, then, show those to the customer should the customer
question those charges. So, that's the one rate change that we have or a new
rate. The -- we are seeing an increase in prices -- in our cost that is in -- primarily
in maintenance costs in tires and parts, which are running about four and a half to
five percent over the course of the year and we do have labor increases of about
two percent, costs exceeding our CPI request. So, respectfully request approval.
De Weerd: Thank you, Rodney. Council, any questions?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Seeing none, I move that we approve the annual rate adjustment for solid
waste collection services as presented by the Solid Waste Advisory Commission
on July 26.
Cavener: Second.
De Weerd: Okay. I have a motion and a second. Any discussion from Council?
Cavener: Madam Mayor?
De Weerd: Yes, Mr. Cavener.
Cavener: Just a comment. I know that we have a long meeting tonight, but I just
wanted to -- to thank Republic. I think from time to time I have been quick to
criticize the operation and I have been hearing from many of my constituents the
level of service has really increased in the Meridian area. I just wanted to thank
you for doing that. I think there has been a lot of changes to our waste collection
for all of our long-standing residents and your level of service is making it a lot
easier for them to -- to come along. So, thank you.
Remling: Why thank you, Commissioner.
De Weerd: Okay. Anything further? Mr. Clerk, will you call roll.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, absent.
De Weerd: Okay. All ayes. Thank you, Rodney.
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MOTION CARRIED: FIVE AYES. ONE ABSENT.
B. Request for Reconsideration of the Decision for 1035 E.
Fairview
De Weerd: Okay. Item 8-B is a request for consideration. This was brought forth
in front of Council here by Council Member Milam for the decision made regarding
1035 East Fairview. As you recall, this was a parcel that is currently in the county
that's surrounded by city properties and had wanted to hook up to sewer and there
were some -- I guess complications with some of th e nonconforming uses. Do I
want to turn this over to Mr. Nary or Mrs. Milam?
Nary: Madam Mayor, if you don't mind, I could at least explain the process.
De Weerd: Okay.
Nary: Especially for the public in the audience. So, the Council a few weeks ago
voted unanimously to direct the city attorney's office and the property owner to
enter -- to bring back an agreement that would allow the property to be hooked to
city sewer services now, with a requirement to, then, request annexation in the
future and the decision of the Council at the time was that the -- one of those
conditions to that contract would be the annexation to the city in the future would
have some terminus date for the existing billboard that is on the property. The
preference was ten years, but it wasn't -- it wasn't required in the motion that it be
ten years, but that a terminus date of some sort be brought forth. We haven't had
any discussion, because subsequent to that the -- it was brought to our attention
that maybe a reconsideration would be appropriate to discuss it further. To do
that, then, as you have had a few of these before you recently, you need a motion
from somebody on the prevailing side. That particular motion was approved five
zero and it was, actually, the same five Council Members that are here tonight.
So, it was approved five zero, so anybody up -- any of the Council Members may
make the motion to reconsider. It requires a second. It requires an affirmative
vote of at least three of you to reconsider it and discuss it again and, then, a new
motion can be made from that point. So, that's sort of where you're at and whether
or not to reconsider your prior decision and you need to do that by motion.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Mr. Nary, if a reconsideration motion passes, is it, then, set at a future
date for a discussion next week --
Nary: Madam Mayor, Members of the Council, Council Member Borton, because
this is not a land use item requiring notice, this is a contractual item, so you could
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have approved it that night to bring it forward with or without an agreement, so you
could actually discuss it and, then, bring a new motion to whatever action or
direction you wish to take tonight. Unless you -- the three -- at least three of you
want to set it at a future date you can. But I think the property owner is here, their
counsel is here, the potential tenant I think is here, but that's your -- your decision.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I would like to request reconsideration -- is there a number on there? Of
the decision that we previously made for 1035 East Fairview.
Borton: Second.
De Weerd: I have a motion and a second. Any discussion? Mr. Clerk.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, absent.
De Weerd: All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: So, at this point I guess some basis for the reason for -- to reconsider
the decision made.
Nary: Yes. So, Madam Mayor, Members of the Council, so now -- the prior
decision at this point -- it still stands, but you have the ability to now change it, give
new direction by motion. That's really where you're at, so --
Milam: Madam Mayor?
De W eerd: Mrs. Milam.
Milam: The reason that I asked for reconsideration of this particular item is after
our hearing I was able to speak with the applicant and realized that they have no
intentions of ever removing that billboard and so in thinking about it, I -- in my
personal opinion I think that it's in the best interest of the city to annex that property
now, regardless of the billboard, because it's going to be there anyway, and at
least if it's annexed the part of the city we have code enforcement, we get taxes
from them and maybe there -- but we might be able to put some other stipulations,
like if the property is sold to a different owner that it comes down or something like
that. Also I thought that -- and I haven't had a chance -- an opportunity to speak
with the applicant, but if they would be willing to offer the city some occasional use
of the billboard to promote citywide events, such as Coffee With The Mayor or town
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halls or something that would be of benefit to the city as a whole, I think that would
be a consideration back from them in gratitude for allowing them to do it.
De Weerd: Is the representative for 1035 East Fairview here?
Clark: Good evening, Council. Hethe Clark. 251 East Front Street. Representing
the applicant.
De Weerd: Thank you for joining us this evening. I -- I guess you heard some of
the thought process behind why this is wanted reconsideration and to get kind of
the perspective from the owners on what their thoughts are on this as well.
Clark: Sure thing. Thank you, Madam Mayor. The thoughts that we have are --
we very much appreciate the additional thought that's gone into this and the -- the
appreciation by the Council of the position that the applicant is in where the
billboard is really the primary use of the property. We are more than happy to work
with the -- the Council on the items that have been identified and I would just point
out that we -- we have also been, you know, working on the things that we felt were
within our control at this point and so we have submitted a landscape plan to Mr.
Hood to begin reviewing prior to -- you know, with the hope that this would be the
-- the place where we might be able to arrive, so that we could get something that
the city can be proud of.
De Weerd: Any questions for the representative?
Borton: Yeah. Madam Mayor?
De Weerd: Yes.
Borton: Hethe, there was reference to a couple of considerations. One was the
billboard, but the other was an annexation application coming within 60 days I
think. Was that portion of the proposal acceptable?
Clark: Madam Mayor, Councilman Borton, the -- the one thing that we would be
looking at on that annexation piece would just be timing. As I mentioned at our
prior meeting, one of the things we were looking at was being able to get this
underway as quickly as possible and because it is a permitt ed use in the county
we would like to get that in and applied for. So, the 60 days should be more than
adequate, because it should be an administrative approval. I would just suggest
that if we go with something along the lines of 60 days that perhaps there might be
an extension in the event that it's held up at the county for any reason. But I don't
expect that that would be the case.
Borton: Okay. So -- Madam Mayor? The application to the city would -- you would
expect to be applied within 60 days, if everything goes smooth?
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Clerk: Correct.
Borton: Okay.
De Weerd: So, I guess my -- my question would be would you be willing to enter
into an agreement specifying the intent of applying for annexation, looking at
bringing it up to city standards, and I think that Council Member Milam had a really
unique idea in -- if a nonconforming use -- the billboard is a nonconforming use,
but if we can -- I know your -- your clients the owners have indicated they want to
be community partners. If there was an opportunity to have some kind of
community benefit to it, to -- to communicate community events at -- I guess you
would have to be able to set parameters to that, but, you know, is that something
that you and your clients would be interested in contemplating?
Clerk: Madam Mayor, absolutely.
De Weerd: Any questions for Hethe? Okay.
Clark: Thank you.
De Weerd: Thank you. So, Mr. Nary, I assume the next steps would be a motion
from Council with direction on how to approach this and what they would like in an
agreement --
Nary: Yes.
De Weerd: -- and that would trigger a letter to the county saying we had no
opposition to move forward on this?
Nary: Yes -- sorry. Yes, ma'am, all of those points. That's what we would need.
De Weerd: Okay.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, we are looking for a motion -- a replacement motion from the last one
to do something different or are we extending off of the other -- we are changing
it, we are just starting fresh?
De Weerd: You could make a whole new motion that would be considered by
Council that would outline some of the things that you mentioned in your -- your
remarks for reconsideration. They would like to see an application within the 60
day period, allowing some flexibility that we would not oppose their applicat ion to
the county; that you would have permission to hook up to sewer with the -- I think
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they need immediate hook up, but that certainly triggers the intent that they need
to apply for annexation, that they would need to conform to city code and that some
note about the community postings.
Milam: That's a lot.
De Weerd: Well, that's what I heard you say. So, I was just offering you
suggestions. But you can make whatever motion you want.
Milam: Madam Mayor, I guess there wasn't -- there was one other remark that I
made that -- I guess we probably should check with the applicant about and --
which is that the billboard can stay up as long as the property remains in this
property owner's name. That if the property is sold -- shaking his head no.
De Weerd: Hethe, do you want to -- the shaking a head or nodding a head does
not show up on the public record.
Clark: Understood. Thank you, Madam Mayor and -- I spoke with the -- the
applicant and that would, unfortunately, be something that we could not agree to
at this point.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: If I could ask a question. On the -- the use of the sign for a citywide benefit,
I don't know -- Mr. Clark and I have worked together on a number of things. I think
it would be okay, but I know they would like to move quickly and sometimes those
details on how, when, how often and stuff can sometimes be a little more time
consuming, so would the Council be comfortable if we can't get to those specific
details in a fairly quick fashion, that we at least contemplate in the agreement that
we will have a new agreement with those types of details on the general direction
that you have given today and, then, the more -- a more specific agreement could
follow. Would that be satisfactory if we can't get there?
Milam: Yeah. Now how to put that into a motion.
Nary: Well, I think if you wanted to say based on what the Mayor said and what I
just said and that's your motion, I could figure it out.
Milam: So Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I would like to combine what you just said and what Mr. Nary just said and
make a motion on that. Yeah.
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Palmer: Second?
Bird: Make a motion.
De Weerd: Does everyone understand the motion --
Bird: No.
De Weerd: -- that you will --
Milam: Okay. I will try. Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve immediate sewer hookup, with the understanding
that the applicant will apply for annexation within 60 da ys, as long as there is not
a hold up at the county level and -- and the applicant will allow the city to advertise
community events on their billboard at an agreement that we will come to at a later
date possibly. What else was there? And it will conform to city code.
De Weerd: Yes.
Milam: Is there more?
Nary: No. That's it.
Palmer: Second.
De Weerd: Okay. Any discussion from Council?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just briefly. I appreciate the work between staff and the applicant and I
appreciate what we are trying to accomplish here. I just -- I often speak about the
precedent and I worry that we set by kind of piecemealing an application like this,
is it may be contingent on the city receiving some type of a benefit on signage and
may be contingent on things going smoothly with the county. So, I appreciate the
hard work that everyone put into this is, it just isn't a particular piece that I am in
favor of.
Hood: Madam Mayor?
De Weerd: Yes, Caleb.
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Hood: One comment. So, I prepared a memo on the 25th of July before your
original motion and action and just to clarify, it said comply with city code and the
applicant mentioned that they shared a preliminary landscape plan with me. It did
show cross-access, but that was one of the explicit items that I had in my memo,
so if that's part of the intent of the motion or maybe just some clarification from the
motion maker and the second if that's a part of what you would like to see is
compliance with city code, just, again, I'd like to have you address that anyway, so
we are clear either that's part of the deal or not, so -- thank you.
Nary: And Madam Mayor?
De Weerd: Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. While you're
contemplating that, I just want to be clear. The immediacy of hookup is upon a
signed agreement. I didn't want to leave the impression that immediacy meant
tomorrow.
Milam: You should make the motion.
Nary: I assume -- I assume Council Member Milam meant upon a signed
agreement, but I just wanted to make sure that was on the record.
Milam: Yes.
De Weerd: Second agrees?
Palmer: Madam Mayor, as long as the -- does that mean the signed agreement,
but not the signed agreement with relation to how it may benefit the city or the
community later; right?
Nary: Yes. Councilman Palmer, yes. I think if the detail needs to be worked out
on that, but we have language in the contract contemplating that, I think the Council
said they were comfortable with that, it would just be in the first signed agreement.
Milam: Madam Mayor? As well as the cross-access agreement that was originally
brought forth by staff.
De Weerd: The city code and --
Milam: The city code.
De Weerd: -- the landscaping, access, and -- yeah. Anything further?
Milam: I hope not.
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De Weerd: Mr. Clerk, will you call roll.
Roll call: Bird, nay; Borton, yea; Milam, yea; Cavener, nay; Palmer, yea; Little
Roberts, absent.
De Weerd: Okay. The motion carried.
MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT.
Item 9: Action Items
A. Public Hearing Continued from July 25, 2017 for
Blackstone Subdivision No. 2 (H-2017-0091) by
Blackstone Commons, LLC Located 4700 W. Aspen
Creek Street
1. Request: Short Plat Approval for Three (3) Residential
Lots on Approximately 0.592 Acres in the R-8 Zoning
District
De Weerd: Okay. Under 9-A is a public hearing continued from July 25th on H-
2017-0091. I will open this public hearing with staff comments.
Beach: Thank you, Madam Mayor, Members of the Council. As you mentioned,
this is an application that was continued from the 25th of July called Blackstone
Subdivision No. 2. It is for a short plat. The site is located at 4700 West Aspen
Creek Street, which is currently zoned R-8. It is on the southeast corner of Black
Cat and Cherry Lane. A little history. In 2001 the subject site was platted as Lot
5, Block 1, of the Blackstone Subdivision. In 2007 the property was approved for
a rezone and a preliminary/final plat combination, which subsequently died. The
Comprehensive Plan future land use map is a medium density residential. The
proposed short plat depicts three residential lots on approximately 0.592 acres of
land in an R-8 zoning district. The property currently consists of one parcel of land
and all three lots in the proposed subdivision comply with the dimensional
standards in the UDC. The property has frontage on West Aspen Creek Drive,
which is considered a local street. Staff has reviewed the proposed short plat for
substantial compliance with the criteria set forth in the UDC and it is in substantial
compliance with the -- the section of code. Staff is recommending approval with
conditions and did not receive any -- or there are no issues that we foresee for
Council, nor did we receive any written comment on the application. I will stand
for any -- any comments or questions on the application.
De Weerd: Council, any questions?
Bird: Not at this time.
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De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state
your name and address for the record.
Riley: Yes, ma'am. Penelope Riley. Post Office Box 405, Boise, Idaho. 83701.
De Weerd: Thank you.
Riley: It looks like you have a busy evening, so I will be brief. The reason we
continued the application on the 25th and requested that was so that the p roject
team could work with staff on the conditions of approval regarding sewer and water
service and the front setback for Lot 3 and we have resolved those items with staff.
So, based on the staff report conditions of approval, we would request the follo wing
changes: Item 1-A on page six, we would ask that you modify the condition and
replace -- shall be located in a common lot for the subdivision -- with shall be
located in a shared easement for the subdivision. Under the general requirements
on page six, also item one, there is a requirement for to and through water and
sewer service. Based on an e-mail from the project engineer, these main
extensions are no longer being required by staff, so if you would, please, modify
the condition to adjust the requirement for sewer and water services. This change
would also impact item six, item seven and item 19. Since there are no water or
sewer infrastructure being constructed with the subdivision, we believe these
conditions would no longer be relevant to the application. The applicant and the
project team have reviewed the staff report and other than the requested
modifications of conditions we concur with the findings and conditions of approval.
The revised landscape plan with the additional landscape buffer will be submitted
to the city and a cross-access easement with the parcel to the south will be
recorded. With that I would be happy to answer any questions you have.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: Okay. Thank you.
Riley: Thank you.
De Weerd: This is a public hearing. Is there anyone that signed up? Okay. Is
there anyone who wishes to provide comment on this item? Thank you. Council,
hearing no further comment from staff or the applicant, do you have further
questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
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Palmer: As to the requested change, does staff have any comment or concern as
to the edits on those conditions of approval?
Beach: I will speak to the easement. We -- I don't have a problem with that. And
our discussion with the applicant was their plan is -- I believe is to bring -- some
homes to the site, rather than construct the site, so it makes more sense for them
to have an easement versus a common lot for se tback reasons. Staff doesn't
actually have a concern with that and as far as an easement goes, I'm not sure if
-- in discussion with Bruce Freckleton I think what they have discussed there will
work, but I'm not sure my counterpart down here has any othe r comments.
De Weerd: Public Works has no further comment?
Radek: No, ma'am.
De Weerd: We couldn't hear the shaking of your head on the public record. Okay.
Thank you for getting that clarification, Mr. Borton, on the record.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing how we have no more testimony or anything, I move we close the
public hearing on H-2017-0091.
Cavener: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 9 -A.
All those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve H-2017-0091 and to include applicant and staff
comments, including the changes on the recommendations.
Cavener: Second.
De Weerd: I have a motion and a second to approve Item 9-A as noted. Mr. Clerk,
will you call roll.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, absent.
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De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
B. Public Hearing Continued from July 5, 2017 for
Burlingame Subdivision (H-2017-0055) by Mason &
Stanfield, Inc. Located Near Northeast Corner of W.
Cherry Lane and N. Black Cat Road
1. Request: Preliminary Plat Approval Consisting of
Sixty (60) Single Family Residential Lots and Seven
(7) Common Lots on Approximately 18.99
Acres in the R-4 Zoning District
2. Modify the Recorded Development Agreement (Instr.
#106151230) for the Purpose of Updating Certain
Sections of the DA to Reflect the Design Changes
De Weerd: Item 9-B is a public hearing continued from July 5th on H-2017-0055.
I will open this public hearing with staff comments.
Beach: Thank you, Madam Mayor. This is an application for the Burlingame
Subdivision, which is a -- an application for a preliminary plat and for a
development agreement modification. The site consists of approximately 18.99
acres of land, which is currently zoned R-4, located near the northeast corner of
West Cherry Lane -- excuse me -- the northwest corner of West Cherry Lane and
North Black Cat. In 2006 this property was annexed and zoned as Incline Village
and a development agreement was approved as a provision of the annexation and
recorded. A preliminary plat was also approved, as I said, as Incline Village. There
was also a final plat that was approved, but had subsequently died. The
Comprehensive Plan future land map designation for this is low density resident ial.
Before you tonight, as I said, is a development agreement modification.
Development of this property is currently governed by a development agreement
approved for the Incline Village Subdivision. The applicant's desire for the property
does not match what was approved and required with the previous development
and the applicant has applied to modify the existing development to update
development plans and building elevations. The new plan consists of 60
residential lots, seven common lots, with a recent property boundary adjustment.
One of the existing homes was split off and excluded from the proposed
preliminary plat. However, this home is still part of the recorded development
agreement. Staff has reviewed the recorded development agreement an d finds
that this home should be required to hook up to city services immediately and close
the existing access to Black Cat Road and take access from a new public street
being extended with the proposed development. As I said, the preliminary plate is
proposed -- consisting of 60 building lots and seven common lots in the R-4 zoning
Meridian City Council
August 15, 2017
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district. The plat is proposed to develop in four phases. Average lot size is 9,250
square feet, with a minimum of 8,000 square feet. Access to the two northernmost
homes is currently -- let me back up. There are two existing -- three existing homes
-- as I said, this is the lot down here, if you can follow my mouse where the property
boundary adjustment carves that out of the plat. So, that's an existing home.
There is a second home in this location and a third home in this location. As I
mentioned, the current access for these houses is off of -- off of Black Cat through
an access easement. As part of this development these homes are to remain and
they are to take access from internal streets and my discussion a second ago on
this house currently takes access from Cherry and as part of the development
agreement -- I will show you an exhibit in just a minute here. This -- this home is
required to take access internally and not from -- not from Cherry any longer. The
street buffer landscaping is required to be provided as set forth in the UDC.
Landscaping within the street buffers should be provided in accordance with the
standards listed in the UDC. Staff is requiring that the applicant revise the
landscape plan to include a 25 foot landscape easement across the frontage of the
parcel. This home here. So, the development agreement requires that this home
take access internally and that there be a 25 foot -- a typical landscape buffer along
an arterial roadway. The applicant has some -- something they would like to
discuss on that in a few minutes as well. So, as I mentioned -- I will go to the
exhibit here. I will also mention that we received this proposal from the applicants.
So, as you can see the existing condition is the home -- the driveway and the
garage take access to Cherry Lane. The applicant's proposal is to relocate the
access and in this configuration. I did reach out to the highway district and th ey
have indicated that they will not be okay with this particular proposal. So, the
applicant is going to have to coordinate with the highway district in moving their
access further to the north to get away from the intersection. But I think there is
some likelihood that they will be able to accommodate that request if Council
agrees to allow them to not have a typically required 25 foot landscape buffer as a
frontage of that property. There is a multi-use pathway being proposed for the
project and if you follow my mouse here, it will be stubbed in this location and will
-- if you follow my mouse -- meet approximately in this location and stubbed to the
west property line. Both the staff -- excuse me -- the Stafford sublateral and the
Settlers Canal cross the property on the north boundary. Both lie within a 60 foot
wide Settlers irrigation easement. The applicant is requesting that Council allow
them to keep those open. The applicant is proposing ten percent open space for
the project, approximately 1.89 acres. Some building elevations also presented.
Will generally comply with the standards of the city. Building materials are pretty
consistent. They consist of a mix of board and batten and horizontal lap siding
and stone accents and stucco. The Commission did recommend approval of the
project. In favor were James Prather, the applicant's representative, and Will
Mason. There were several commenting. Carla Mace. Kate Miller. Don Clower.
I was the staff that presented the application. Bill Parsons also commented.
Issues of public testimony were continued irrigation water arriving at the adjacent
properties. Concerns regarding the easement that crosses both the LDS and
Seventh-Day Adventist properties to the east and he will be allowed to use the
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August 15, 2017
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easement in the future. Construction access for the development should come off
of Cherry enough through the Turnberry Subdivision. Concerns that this project
will turn into a multi-family development. Issues of discussion by the Commission
were the amount of open space provided and specifically allowing a large retention
pond to be used in the open space calculation. Maintaining the availability of
adjacent properties to use their allotted irrigation water. Whether to and where to
not require stub streets. Access to Cherry Lane for the existing house and how to
make that happen. Concerns of the open space and amenities are not distributed
evenly throughout the subdivision. Commission changes to the staff
recommendations are they removed condition 1.1.1B and condition of 1.1.1C and
they modified Condition 1.1.1E to read as follows: Provide a ten foot multi -use
pathway from the west boundary of the plat and stub the pathway to the east
boundary line to align with the existing easement and they added a development
condition that the applicant be required to show amenities on both the north and
south sides of the development and, as I said, outstanding issues for City Counci l
are the request to leave the Saffort sublateral and Settlers Canal open and
additionally the request tonight to modify the development agreement. With that
we did receive some -- a large number -- over a hundred petitions from folks who
live in the Turnberry Subdivision just to the north, located here and their main
concern was they don't want to see this turn into a multi-family development. I did
also receive a letter from the Turnberry HOA regarding concerns over -- as I said
-- multi-family, any concerns over construction traffic passing through the
Turnberry Subdivision. Their hope is that all construction will come off of Cherry
Lane. My understanding is in the phasing plan is that the access to Cherry Lane
is -- that's their first phase. With that I will stand for any questions you have.
De Weerd: Council, any questions at this point? Okay. Good evening. If you will,
please, state your name and address for the record.
Prather: Yes. Of course. Good evening. James Prather. 3356 North Justin
Avenue in Meridian.
De Weerd: Thank you.
Prather: Good evening, Madam Mayor and Council. City attorney. Just briefly, I
think Josh did a really good job explaining this, but if I can just briefly highlight a
few things. It's 54 buildable lots. It's 56, but two are representative of the two
houses that are existing. They are all 8,000 square feet, as R-4 would pronounce.
Some of the lots go all the way up to 16,000 that are at the end of the cul -de-sac.
As you come in -- thanks, Josh. As you come in on the south side of Cherry you
will see immediately to the west that a -- that's our open space, the majority of it --
well, not the majority of it, but probably about a third of it -- 40 percent. And to the
north end of that is where we propose the first amenity, which will be a playground.
Certainly far enough away from Cherry to -- to answer any difficulties there. And
as you move further north we propose -- and, Josh, I don't know if you can take
your pointer, but propose a gazebo -- a covered gazebo, picnic table, barbecue,
Meridian City Council
August 15, 2017
Page 19 of 100
benches and as you move further north up to the northwest corner, we are -- this
is our retaining -- our retention pond open space and as we get to the north end of
the development we would certainly -- we are not exactly sure what we are going
to do there, but we certainly look forward to working with the city somewhere
between now and final construction plans to put in something there. In the -- now
going back to what Josh had mentioned about the outparcel, this is on Cherry.
There seems to be a little confusion on behalf of the owner or the applicant on
some of the contingencies and some of the requirements that the city wants for
that outparcel. This was done with BPA probably about six months ago and we
are -- the applicant is a little bit confused and doing so precipitated a meeting about
two weeks ago with the staff. I believe Bill Parsons, Josh Beach and, Mr. Nary,
you were there I believe. I was not there. But there seems to be some confusion
on behalf of the applicant on -- he kind of walked away believing -- and so did his
attorney -- that the landscape buffer -- and that's all we are talking about here is
the landscape -- that 20 -- the 20 feet of landscape that would go in front of the
outparcel. We have agreed to -- that access would be loaded from inside the
subdivision and close off both entrances that they now enjoy and we stubbed in
soil and water to the property. The only thing left is the landscape and -- and it
was the applicant's understanding -- and I will stand for correction or maybe some
further explanation -- that the landscape was going to somehow -- that they agreed
that the -- that the landscape would not be a requirement here.
De Weerd: Landscaping in every development application I have seen is required.
Prather: Understood. There is landscaping there now and it was -- I'm just saying
there was a little bit of confusion there on just what was going to happen. But if I
may propose for this, what will happen in this -- and the first slide you can see --
the one that's colored up that is at the bottom, this will -- if we can get this
landscape just held until the road widens, this property will be able to load into the
garage up front as it has when it was built. Now, I know this goes back a couple
of decades, but with the conditions now -- if the road does widen in the next five to
ten years -- and that seems to be ACHD's understanding of it -- at that time the
landscaping go in. That's what I am proposing. Along with the sidewalk. And what
would ensure that it would go in -- because there was some discussion by the --
by staff how would we know in five or eight years when the -- when the road does
widen, how can we get guarantee that it will go in. And if I could propose a deed
restriction on the property, it would be public notice to not only the property owner,
but to ACHD when they take their right away tag and that's how it be tagged and
paid for by the property owner. Did I -- I'm not sure I did a great job explaining that,
but, Mr. Nary, is that something that would ensure the city that at a future date that
the property owner would put in the -- now, it's landscape now. It's not -- it's not
landscape. It's just that he can't -- once this landscape as it's proposed now, he
cannot use the garage any longer, because there is not enough distance between
what will be future right of way take from ACHD, plus the 20 feet or 25 feet of
landscaping, he will not be able to use the garage. So, he will have to -- the burden
Meridian City Council
August 15, 2017
Page 20 of 100
is he will have to build it in and build something in th e back. That's what we are
proposing. And if there is --
De Weerd: I don't even know who is supposed to answer that, because I have no
clue what you're talking about, so -- Mr. Nary, maybe you can help.
Nary: Thank you, Madam Mayor, Members of the Council, I can start. So, at this
meeting the discussion was -- the request by the applicant could be to -- to lessen
the landscape buffer from 25 feet. It was at the Council's discretion whether to
grant that. And also part of the discussion was also putting in some type of
pedestrian pathway, whether it be a sidewalk or an asphalt path, that could be
requested. So, again, we would have connectivity in front of this property. It is
anticipated in the future that the -- Cherry Lane may widen, but we have no idea
when that might be. That could be ten or 15 or 20 years from now, not five, and
so a deed restriction isn't something we can control. The property owner is the
only one that can a deed restriction to the property, not us. We can add it to th e
development agreement that requires it, but that was kind of where the dispute
sort of started. But when we left the meeting the idea was the property owner --
and I think -- I think Mr. Beach was the one that made it clear or maybe Mr. Hood
-- that the staff is -- is bound by the code. They can request it and the Council has
that discretion. So, he can ask for that lesser buffer and -- and some other type of
pedestrian connectivity there, but the staff really has to make the recommendation
based on what the code requires. And the access point was to be set back from
Cherry Lane and so it sounds like the proposed one is just too short from ACHD's
perspective and needs to be moved. When we discussed the ability to still have
some access to that garage from the front -- again, it can be in the buffer to some
degree. If the Council let's the buffer be less, then, it shouldn't be an issue. But
that's really where I think we left it, unless I missed something.
De Weerd: I think it's clearer. Thank you.
Prather: Thank you. The -- the idea -- and if it can be put into the DA or something
that triggers that upon final -- final plat we are open to that and with the City
Council's -- the attorney approval of the verbiage, that it will get affixed to the
property that makes public record. We are just trying to get to the point -- the
owner of the house just wants to get to the point where he can still front load the
house and use the garage.
De Weerd: Okay. Council, any questions for the applicant?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I just want to make sure that I'm hearing you correctly. You're not
proposing a reduction in the open space around that property, you're just proposing
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August 15, 2017
Page 21 of 100
a delay on the open -- the full open space requirement until redevelopment
happens with the road?
Prather: Correct. The widening of the road by ACHD. It's not the open space, I
would call it the landscape buffer.
Cavener: Okay. Thank you. Madam Mayor, an additional question. It came up
from somebody, I can't remember who, about -- obviously, there is no sidewalk
connectivity there. There is a kind of a Swiss cheese hole it looks like that's
remaining. What's --
Prather: There is no sidewalk out there west of Black Cat. The applicant is not
adverse to putting in the footpath, the asphalt, to connect the -- what will be the
subdivision over the course of the outparcels. That's not really the issue. It's ju st
-- the issue is precipitated by using the garage and getting the landscape buffer
held to a future date.
Cavener: Thank you.
Prather: Uh-huh.
De Weerd: Any further questions for the applicant?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: James, there was reference in the staff comment about one of the
remaining parcels that takes access to Black Cat currently and that it should be
required -- I think it's the furthest east one, required to connect the city services
immediately. Close the existing access to Black Cat. Any comment or concern
with that?
Prather: No, sir. That's fine with us. And, likewise, to the -- to the house that's
further -- on that same road, but further to the west.
Borton: Okay.
Prather: We are fine with -- and accept staff's recommendations for the plat itself.
No issue there. It's just that -- for the consideration upon the outparcel.
De Weerd: Okay. Anything further, Council? Thank you, James. Mr. Clerk.
Coles: Thank you, Madam Mayor. For the public hearing sign-in sheets we have
Jim Vogler wishes to testify. Signed up as neutral.
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August 15, 2017
Page 22 of 100
De Weerd: Good evening. Thank you for joining us. If you will, please, state your
name and address for the record.
Vogler: John Vogler. 5139 West Tournament Drive in Turnberry Crossing.
De Weerd: Thank you.
Vogler: My concern -- and maybe it's a question of clarification. I spoke with Mr.
Prather earlier this evening. The retention pond which they are propo sing at the
back of northwest corner --
De Weerd: Mr. Vogler, will you pull the mic in front of you.
Vogler: I'm sorry.
De Weerd: Thank you.
Vogler: That area where Josh is pointing is where the retention pond will be and I
recognize that they have to have a retention pond. We talked about it amongst the
HOA board. Mr. Prather says that it is, in fact, that they will put a fountain in it or
something to keep the water moving. My question or request is that I want to make
sure that that's true. I live right behind where that's going to be and I'm here sort
of speaking for the four homes that won the lottery and got that pond right behind
us. We already have moving water behind us and we'd like to make sure that all
the water continues to move, so that we don't have mosquitoes, pond scum, all of
that kind of stuff. He says it’s a requirement. I would like to hear from someone
here is that -- is that a fact or do we need to, you know, march around the pond for
a couple of weeks to see if we can get, you know, some kind of a fountain or
something. You know, it's just -- it's our concern as homeowners -- we have spent
a lot of time developing our homes and getting things the way they are and we
would hate to have mosquitoes or pond scum stinking up the yard behind us, so -
-
De Weerd: I would completely understand that, but we will have that answer for
you.
Vogler: Thank you very much for your --
De Weerd: Thank you, Mr. Vogler.
Coles: Next William Mason signed up, wishing to testify in favor of the project.
De Weerd: Good evening. If you will, please, state your name and address for
the record.
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August 15, 2017
Page 23 of 100
Mason: Will Mason with Mason and Stanfield. Addresses is 826 3rd Street South
in Nampa.
De Weerd: Thank you.
Mason: Really, I was here for questions and I think that I can answer the question
the gentleman was just asking. The retention areas for our gravity -- or our
irrigation source, Settlers doesn't have the ability to give us water in a pump that
we can just pump right out of their canal and keep everybody on the system live
without having storage. We have to have storage for that pressure irrigation
system. So, with that said we have to have storage somewhere. In many
subdivisions they have storage. It becomes an issue only if the water isn't moving
or taken care of. The HOA would be responsible for making sure that the pond
scum was taken care of. This -- if there was a mosquito issue or a pest issue they
would be responsible for that. That would be in their CC&Rs and you got to
remember that our developer is trying to sell lots around that same pond, so he is
going to want to have that pond be an amenity, not an eye sore.
De Weerd: Okay. So, that's not a storm water drain retention, it's for irrigation
water.
Mason: That's correct.
De Weerd: And you will be designing it as a water feature, then, I assume?
Mason: As much as possible. It depends on how much water we can get in there.
I don't know that it will be full all the time, because the drain down of the water
during irrigation of the subdivision, so it may be fluctuating quite a bit from evening
to morning or morning to night, depending on when people water their yards.
De Weerd: So, the water will just be seasonal?
Mason: Yes.
De Weerd: Council, any other questions for Mr. Mason?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Mr. Mason, appreciate your comments on the water. I guess I still -- I
still have some questions. It's just be because I have lived in homeowners
associations that have been great, homeowner associations that have been
challenging and at any rate the neighboring neighborhood doesn't have a whole
lot of input or influence on the proposed homeowner association that will managed
this project, so I guess I'm hoping you can give me a little bit greater clarification
Meridian City Council
August 15, 2017
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about what the developer is going to do to ensure that the home -- the current --
the homeowner association for Burlingame will be set up for success in terms of
circulating that water. Turning it over to the HOA and hoping that they take care
of it isn't completely satisfactory to me and I don't know if it would be satisfactory
to the neighbors.
Mason: The problem here is we have to have a gravity irrigation source for our
water and so there is going to be a pond per Meridian code to use that water and
we have to store it somewhere and so the CC&Rs I can't speak to exactly how
they would be written up, how they would enforce the -- the mosquito issue or the
pond scum issue, but there are people that are going to be living in this subdivision
that are going to be right next to that pond and they will be part of that new HOA,
so it will be in their interest to ask their HOA to take care of that pond as much or
more so than the people that are north of the -- the canal, because they are
separated by 65 feet. We have people that will be living right next door to it.
Cavener: Madam Mayor? I just want to make sure that I'm hearing you correctly,
that the proposed solution, then, from the developer is just to turn it over to the
homeowners association and let them manage a solution.
Mason: As it is with most other ponds.
Cavener: Thank you.
De Weerd: I guess, Kyle, I -- I would have a question for you. Do we require
ponds?
Radek: Madam Mayor, we do not require ponds as a Public Works item. It's going
to be the -- the irrigation district that's going to work with the developer and as Mr.
Mason has indicated, there is not enough -- there is not irrigation water there to --
De Weerd: To pump?
Radek: -- to let people pump directly from the ditch, so they got to have storage.
They are going to draw down that storage in the -- the peak hours and, then, they
will build -- build it back up when people aren't using it. It's pretty common to do,
but it's not a requirement that we have of them , it's going to be working with the
irrigation district.
Mason: Madam Mayor, my -- my point was not that you require ponds, it's that you
require us to use the surface water and we have to try to make that work with the
irrigation district, if we could --
De Weerd: Now -- but isn't there a different way of storage than ponds?
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August 15, 2017
Page 25 of 100
Mason: I wouldn't know how you would make it economically feasible, even though
it -- you would have to bury water.
Radek: Madam Mayor, as I said, it's not really -- it's not really a Public Works
issue, but I do know that, you know, Bridgetower is a good example. They use
their -- ponds for -- for storage -- peaking storage for their irrigation systems as
well. Bridgetower I believe has water features in their ponds, so they use them
kind of dual purpose. So, it's certainly something that's possible in this case, but I
don't know that it's -- it's our -- certainly not Public Works' business to -- to be -- to
be asking for it.
De Weerd: Is this pond intended to be lined?
Mason: No. It --
De Weerd: So, it really doesn't intend to hold water?
Mason: Well, it holds water because it's right next to the canal. So, the canal
feeds it and it is being -- the pump will pump out of it and the canal will feed more
water into it. It's not -- it's not located in a location where the groundwater around
it from the canal is -- is not right there accessible, it's just a matter of connections,
so -- it's not -- it's not to hold the water as some sort of amenity, but it can be -- we
can try aeriation and stuff like that -- to pump in -- it would actually pump the water
-- keep the water moving when there is water available to move, you know, it --
during peak usage there may not be that much water in the pond.
Bird: Madam Mayor?
Bird: Mr. Bird.
Bird: Mr. Mason, if I understood you right there, this pond is going to be part of the
canal or the drain ditch. Or is it going to be separate and have a tube that brings
it in, so you don't have continual running water.
Mason: You are correct. It will have a pipe with --
Bird: It will have a pipe, you will pipe it in from Settlers --
Mason: And it will be outside of their easement, so they can travel past and it will
be just to the south side of them.
Bird: And as you use it it will fill back up. You know, we have got a couple of those
over here on Franklin Road and they are the worst mosquito infested things going .
You have got -- you have got -- that water has got to move. You can't let it sit
around.
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August 15, 2017
Page 26 of 100
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Have you considered putting a fountain and making it a water feature and
making it -- turn it into something that's nice? I know it would just be seasonal,
but --
Mason: Yes. And that was -- that was one of the things that I was saying, that we
could do aeriation and the fountain would be one way to do that, to move the water.
That is only going to operate if the pond has got water in it. If it's dropping up and
down there will be times when that -- that fountain will be possibly not in use. But
we would design it to -- to try to accommodate that movement of water.
De Weerd: Any other questions for Mr. Mason? Okay. Thank you.
Coles: Steve Hunt was next on the list wishing to testify. Signed up as neutral.
Hunt: Good evening.
De Weerd: Thank you for joining us. If you will, please, state your name and
address for the record.
Hunt: My name is Steven R. Hunt. 5031 West Ravenscroft Street, Meridian,
Idaho. 83646.
De Weerd: Thank you.
Hunt: Thank you all for paying attention to the concerns for the Turnberry Crossing
Subdivision. I have talked to you once before. I'm the president of the
homeowners association of Turnberry Crossing. We do have some valid
concerns. The pond issue came up very late in the game. In fact, when we turned
in our petitions and stated our concerns about construction traffic and the Cherry
Lane entrance, along with not having multi-residential units in there, that pond
wasn't even a game plan. That's come on the game plan -- Josh, when did the
pond come into play?
Beach: The pond was discussed at the Planning and Zoning Commission meeting,
Madam Mayor, but not in much detail. It was just kind of an anecdotal comment
that there was -- now, having looked at it, the engineer said they needed a retention
pond and I will add one more comment there. Some of the discussion around the
retention pond was that the reason they needed to have a retention pond -- and
think they are pretty common and is that the -- the timing and the -- the hours of
the day that they were able to actually take water from the canal there were so
limited, in order to accommodate all the users here there are going to be
onslaughts -- you needed to have a place to hold it, which, again, is pretty common,
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August 15, 2017
Page 27 of 100
but -- and I just wanted to mention that, that it did come up -- they mentioned a
little bit about the pond, but we don't -- as staff have many details now as to how
it's going to be designed, what it's going to look like, any of those types of things,
so --
Hunt: And speaking from the homeowners association perspective in the CC&Rs,
if you were to put a pond there and expect the homeowners association to design
a water feature that would keep this water moving, that would be so out of the
ordinary that I couldn't even understand it, because of the fact that -- you all agree,
I do believe, that the water needs to keep moving. Bridgetower is a really good
example. That water has a water feature. It does not work year around, just like
there is no water in the irrigation canals year around. The answer is a water
feature. The question is who is going to pay for it. Is it going to be the developer
or is it going to be all the homeowners that pay dues in that subdivision. There
needs to be some clarification there. To me it would make really good sense for
the developer to come up with a plan for a water feature, put it in, and turn it over
the homeowners association as a functional unit approved by the city and I don't
think that's asking a whole lot. Just throwing that out for comment. Maybe we can
get there tonight, maybe we can't.
De Weerd: Thank you, Steven.
Hunt: And, again, I appreciate you guys listening to our concerns. It's been nice
talking with you.
De Weerd: Thank you.
Coles: That concludes the sign-in sheet.
De Weerd: Okay. This is a public hearing. Is there anyone who would like to
provide additional testimony? Yes, sir. Good evening. If you will, please, state
your name and address for the record.
Langston: Jarron Langston. 9563 West Harness Drive, Boise, Idaho. 83709.
Madam Mayor and Councilmen. I have a partnership interest in the property to the
east of this property. This particular plat does not show connectivity to my parcel.
It was my understanding in communicating with staff that there would be
connectivity. Just wanted to clarify that connectivity would still be approved or as
planned for this development.
De Weerd: And which is your piece of property?
Langston: Kind of a --
De Weerd: In the RUT? Oh. Okay.
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Langston: Right there.
De Weerd: Oh. Okay.
Langston: So, as the plat is drawn and represented this evening there is no
connectivity to the parcel for future development , which is our concern.
De Weerd: Thank you, Jarron. Any further testimony? Josh, can you pull the plat
back up again?
Beach: I will, Madam Mayor. I apologize. Let me pull up -- they have revised this
a number of times and I may have the incorrect plat in there, so give me just a
second and I will show the correct version. So, give me just a second and I will
show you the correct version. There is a -- there is an additional east-west stub
-- rather than demonstrating with my mouse I will pull up the plat for you. Bear with
me just a second.
De Weerd: Okay.
Beach: This does a better job of showing. So, yeah, there is an additional stub
street to the parcel as indicated by Mr. Langston and as well as one to the west.
De Weerd: Okay. Thank you. Council, I don't see additional testimony. Do you
have question -- oh, I'm sorry. Would the applicant like to make final remarks?
Prather: Thank you, Madam Mayor. The remarks on -- just going back to the --
De Weerd: If you will just restate your name for the record.
Prather: Yes. Of course. James Prather.
De Weerd: Thank you.
Prather: As far as the retention pond or the storage pond, it will be, Councilman
Bird, as you suggested, it will be piped from Settlers in and, obviously, there will
be a pipe at a further distance that goes right back into the canal and it's going to
be flowing that way, just not filled up and then left, because the way people water
-- obviously, if you give them a schedule they are still going to water at 6:00 o'clock
in the morning. So, that's what draws it down. And as far as the developer putting
it in, that's what will happen. The water feature and the circulation of the pond will
be put in upon installation. The only thing that the HOA will be responsible for is
the maintenance of it and if there is, you know, something that's happened -- I live
right across from a retention pond, which is an acre and a half , and they monitor
that thing all the time and that's exactly -- because, obviously, the developer will
want these lots -- including not only the ones across the canal, but the ones that
he is going to be selling, to not have any of these issues as well. So, these pond
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are all over the valley and it just has to be handled right from the get go and that's
what we are proposing here tonight.
De Weerd: Council, any questions?
Bird: I have none.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Real quick. Can you -- my notes aren't as good as they should be. Can
you summarize real quickly the -- the proposed solution that you have for the 25
foot landscape buffer along Cherry Lane?
Prather: Okay.
Borton: And in lieu of doing that, you suggest doing the following.
Prather: I didn't do a very good job. The property owner would like to keep the
use of the garage loading from inside of the subdivision . That's -- that's -- we are
not arguing that. We will load it from inside, but he still wants to have access into
the garage until such time that ACHD widens -- takes the right away and in doing
so he will still be able to -- if we can get the landscape buffer just held to a future
date -- and that's precipitated with the terminus of once ACHD takes their right of
way, that will trigger when that is to happen and the vehicle for that would be a
deed restriction on that outparcel itself, with approved verbiage from the city
attorney, which would make it public notice, because any time you pull up a plenary
title report or a title commitment, it's going to -- it's going to show and when ACHD
does take it they are going to examine property to property to property and that --
it will be picked up. It won't be a -- necessarily a city of -- or City of Meridian
remembrance, it will be the property owner with public notice along, giving ACHD
public notice and, then, it goes in at that time.
Borton: Madam Mayor? So, the funding for the 25 feet -- the installation would
occur after ACHD widens Cherry Lane and the funds to pay for that buffer comes
from --
Prather: The property.
Borton: -- property owner at some future date.
Prather: That he is -- that he is responsible for that. He will know that -- if it's not
the current one, anyone that, obviously, buys the property will -- will see that during
an escrow examination and that's -- that's how it -- in our opinion we believe the
best way to handle that. We are open to other ideas.
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Borton: Maybe a question for Mr. Nary. How does that -- how does that happen?
At some point in the future and -- what does the money come from? If the individual
homeowner is unable to do it who can compel its installation and its payment , if
anybody?
Nary: Madam Mayor, Members of the Council, Council Member Borton, I guess
-- Mr. Prather keeps saying deed restriction. We don't have anything to do with a
deed. We could put a DA restriction in the development agreement, but we don't
have anything to do with deeds. So, we can add that language to that. And I
guess, Council Member Borton, you have asked a great question. I mean even if
you have a bond of some sort, a surety for future landscaping, they all expire. So,
it's whether or not the Council is comfortable in saying indefinitely until the road
widens, which, again, I have no idea what the plan is and when that would occur
or either some outside window, whether it's ten years -- I know we have had other
sureties for at least ten years and prior to the expression of year ten they would,
then, need to put in some landscaping. I guess the other thing I haven't heard from
Mr. Prather is are we talking about just leaving all the current landscaping -- so, no
new landscaping whatsoever I think is what they are requesting and, again, when
we had discussed at the staff level it was more on how much is enough to satisfy
the Council, so that there is some landscaping there and some pedestrian
pathway. I agree with Mr. Prather, there isn't any currently, but you're going to
have children living in these homes and there is some access to Cherry Lane to
get there and the property immediately to the east has already been in for a pre -
app. So, you're going to get some development there and some need for people
to be able to get along Cherry Lane in a safe place. So, a DA restriction -- the only
thing I can think of is a surety, there should be a time limit on that, so that way it
isn't something that just is indefinite, it could get forgotten, because something has
to trigger it to happen. If it happens in less than ten years, then, it's not a problem.
If the road widening is in excessive of ten years, this Council -- he could -- the
property owner at that time could always come back and request a DA modification
and ask for a greater length of time in which to do that and the Council could, then,
require a new surety to be in place. That's what I could think of off the top of my
head right at this moment, so --
Borton: Helps a lot. Thanks.
De Weerd: Any other questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: So, that was characterized as no improvements at all for the landscaping.
Is that correct?
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Prather: Again, maybe it's my inability to track along here, but it's not a getting out
of the landscaping, it's just the landscaping will prevent them using the garage .
Between the right of way and the additional landscape buffer it's just too close to
the house to use it. There is landscaping there now and if the city wants to , you
know, have a certain degree -- we just want to keep it outside of where the
driveway is, so they can continue to use the -- the garage.
Borton: Madam Mayor? The proposed language that Mr. Nary had referenced
with regards to a surety with a deadline and that concept to try and ensur e there
is funding available for that future installation , any concerns or questions about
that being one mechanism in the DA to --
Prather: I mean, obviously, we would want to review, but that -- that would be fine
with us as we are discussing it here now.
Borton: Okay. What is currently there today? We are trying to see it -- the -- the
home -- does that have landscaping, then, currently?
Beach: And I can pull up a Google air shot for you, Madam Mayor.
De Weerd: That would be great.
Prather: While he is doing that, there is three large pine trees in the front yard and
grass. Flower beds.
De Weerd: Okay. So, the -- the road would run to the west of -- of their property
and you're asking not to do any of the landscaping, just use what's there today?
Prather: The main entrance into the subdivision, that will have landscaping on
both sides of the street, because -- I believe there is about 20 feet before the
property line this outparcel begins. There will be landscaping there, but as -- as
you come -- before you can see this westerly driveway, that will be closed up,
obviously, because we are taking it -- our entrance from inside the subdivision. But
it's kind of difficult because it's in the shadow, but there is three large pine trees
out front. There we go. Now, what you're seeing -- on the west of this pictorial,
that side of the subdivision will be landscaped.
De Weerd: So, around the trees you are putting landscape . Around the existing
property.
Prather: I'm sorry, I don't --
De Weerd: You don't want to do anything on that until the -- ACHD takes the right
of way; is that what you're suggesting?
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Prather: Well, that's what we are suggesting, but we are amenable to -- what we
are suggesting is leave the landscape out where we can go into the property.
Everything that comes outside of the driveway can be landscaped and is
landscaped. If the city would like to see something additional to that -- we are not
-- we are necessarily opposed, we just want to be able not to have the -- the
restriction of not being able to use it to get into the garage . That's what this is all
about.
De Weerd: Oh. Okay. So, what's our question, because I'm trying to completely
understand. You will put in a sidewalk, then, or you don't want to do that?
Prather: No. We would be amenable to put the sidewalk in.
De Weerd: Okay.
Prather: Because it actually will come outside of the right of way. It will be in the
right of way, not within this landscape buffer, obviously.
De Weerd: Okay. Any other questions from Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Clarification, Mr. Prather. Earlier you said a -- a walkway, not a sidewalk.
Now, what are we talking about? Are we going to put in a five foot sidewalk --
Prather: What is --
Bird: -- with curb and gutter?
Prather: No, I'm not clear, Councilman --
Bird: You're just going to make a sidewalk -- five foot sidewalk?
Prather: Correct.
Bird: Okay. You said something about asphalt.
Prather: Well, whether it be concrete or asphalt, whatever.
Bird: Well, there is a difference.
Prather: No. There is a difference.
Bird: There is a big difference.
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Page 33 of 100
Prather: Either way. Either way, sir.
Bird: Okay.
De Weerd: Okay. Anything further, Council?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I know we don't want to belabor this much longer, but I just -- I wanted
to give the applicant an opportunity -- and I think it was addressed at P&Z, but we
received a letter in the mail today from -- it looks like the neighboring homeowners
association with just questions about construction access. It sounds like Josh
addressed that, but I just wanted to give you the opportunity as well that -- any
comment of -- again, I think the layout lends itself to single family homes, but I just
wanted to give you the opportunity as the applicant to respond to those concerns.
Prather: First of all, the concerns about multi-density or what would be apartments,
that's not part of this application. I'm not sure where that came from, but that's,
obviously, not what's on the table. And, second, as far as the construction, we met
with the HOA prior to the neighborhood meeting and the only time that there will
be any construction traffic up towards Turnberry is when we are having to put in
the improvements. All of the construction traffic can load from Cherry.
De Weerd: Council, anything further? Thank you. Staff, any further comments?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Well, seeing I guess nobody needs anymore public testimony or anything, I
move we close the public hearing on H-2017-0055.
Cavener: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 9-B.
All those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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August 15, 2017
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Bird: Mr. Nary, is there any way that we can put in the DA that retainage pond has
to be movable water?
Nary: Madam Mayor, Members of the Council, Councilman Bird, we will probably
consult with the Public Works Department, but I mean I assume there is some
language we could add in there about what type of system of moving water it
needed to be.
Bird: Is it legal to do that, Bill?
Nary: Oh, it's legal to do that. I don't know what specific language or what that
would need to be, but I would probably just ask Mr. Radek if he had some wording
that we could, then, discuss with the --
Bird: Standing water is such a -- to me such a hazard in these subdivisions,
because of what they bring and you can just move it or just aerate it a little bit will
help, but so many times -- and they say about the lots around it. Well, yeah, but,
you know, those lots might be sold and built in the spring and in fall and in the
wintertime when there is no water sitting there and usually it's July and August and
September when it's real hot and it's stagnant and you're not using as much water,
but I -- I just think that we got to have something in the DA that makes sure that
that water is moving water.
Hood: Madam Mayor?
De Weerd: Caleb.
Hood: Councilman Bird, I'm not part of Public Works, but I may have a solution if
that's the direction you want to go. So, in UDC -- so, Meridian City Code 11-G-3-
B-8, you could simply have them comply with that standard in the development
agreement and it states -- I will just read it for you. Open water ponds.
Aesthetically designed open water ponds and holding areas may comprise of the
25 percent of a required open space area. All ponds of permanent water level
shall meet the following standards: The pond shall have recirculated water and
the pond shall be maintained such that it does not become a mosquito breeding
ground. The reason that doesn't apply in this case otherwise is it's not a permanent
water level. That's for permanent ponds. But you could apply that to this pond
and have recirculated water and make sure that it doesn't become a mosquito
breeding ground. So, again, that's 11-3-G-3-B-8.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: A clarification for staff. You burned through that, which I appreciate, but
there was part of it at least made me take pause, but that doesn't require the
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August 15, 2017
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applicant to maintain water in there at all times, it's only if -- when and if water is in
there.
Hood: Correct. If a pond is designed more as an amenity, not a functional
amenity --
Cavener: Okay.
Hood: -- but just as an amenity or fountain or whatever, you have to recirculate
the water if it's, again, year round.
Cavener: Great.
De Weerd: Okay. Any further questions, comments?
Cavener: If you want me to do it -- Madam Mayor, no one's jumping up. We got
to get this meeting moving. I don't know if I will get a second on this. But -- let's
see. I move that we approve the preliminary plat for --
De Weerd: Can you speak into your mic.
Cavener: I sure can, Madam Mayor. Thanks. I move that we approve the
preliminary plat for Item 9-B and if I'm not mistaken, Mr. Nary, everything else we
will handle in the DA?
Nary: Yes.
Bird: I will second it.
De Weerd: I have a motion and a second. So, the DA is all under this one item.
Do you want to specify what you want to handle in the DA.
Cavener: Sure. Madam Mayor, I would be happy to do that. So, within the DA I
would maintain the required setback. Incorporate the language provided by staff
related to circulating water. And require the sidewalk connectivity on that outlying
parcel.
Bird: Second agrees.
De Weerd: Okay. I have a motion and a second. Any discussion, clarification
needed?
Borton: Madam Mayor, what was the first part? Something on the setback.
Cavener: Madam Mayor, my motion included incorporating the required 20 foot
setback. No deviation from that.
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De Weerd: Okay. Josh.
Beach: Just a -- sorry. Just a point of clarification. You're talking about the 25
foot landscape --
Cavener: Madam Mayor. Yes, I think I said 20, but I meant 25 foot. Thank you
for the clarification.
De Weerd: Anything further that -- second agrees?
Bird: Yes. Second agrees.
De Weerd: Okay. Anything further? Mr. Clerk, will you call roll.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
C. Public Hearing for Summerwood Subdivision (H-2017-
0083) by WH Pacific Inc., Located 4052 and 4202 W.
Daphne Street
1. Request: Preliminary Plat Approval Consisting of
Twenty-Six (26) Building Lots and Five (5) Common
Lots on 9.98 Acres of Land in an R-4 Zoning District
D. Public Hearing for Summerwood Subdivision (H-2017-
0084) by Bridgetower Investments, LLC Located North
Side of W. McMillan Road Between N. Black Cat Road
and N. Ten Mile Road
1. Request: Amend the Recorded Development
Agreement (DA) (Instrument #106034786, Amended
as Instrument No. 11101393) to Allow Right Out Only
Access to N. Ten Mile Road for the Office Lots
Approved with the Volterra South Subdivision and to
Modify the Boundary of the Development Agreement
De Weerd: Item 9-C is a public hearing for H-2017-0083. I will open this with --
public hearing with staff comments.
Beach: Madam Mayor, Members of the Council, this is an --
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De Weerd: And, Josh, I will also open Item D, which is H-2017-0084.
Beach: Perfect. Thank you. So, yes, so there is -- the first part here is for a
preliminary plat and the second part is, for point of clarification, a development
agreement modification that will also include this preliminary plat and I will go
through that a little bit, so we can follow along. So, the site consists of 9.98 acres
of land, which is zoned R-4, located at 4202 and 4052 West Daphne Street. The
Comprehensive Plan future land map designation for this property is low density
residential. The proposed plat consists of 26 building lots, five common lots, in
approximately 9.98 acres of land in an R-4 zoning district. The minimum lot size
proposed is 9,360 square feet. An average lot size of 11,938 square feet. The
minimum living area of the proposed dwelling units is required to be 1,400 square
feet. The gross density is 2.62 dwelling units per acre, which is consistent with the
low density residential future land use map designation. There are two existing
homes on the site. The existing structure should be removed or relocated as
applicable prior to signature by the city engineer on the final plat. Primary access
for the subdivision is at the south boundary via West Daphne Street which is a
public street and a public street is stubbed to the northeast boundary o f the site,
West Wapoot Street from Vincenza Subdivision No. 1 and a sub street is proposed
to the northwest boundary for a future connection with interconnectivity upon
redevelopment of the parcel to the west. The proposed plan indicates 8.1 percent
qualified open space. It does not comply with the minimum requirements as set
forth in the UDC and as a part of this application the applicant is requesting that
the Council allow for the open space -- they have -- let me back up. Staff evaluated
the open space it was provided with the subdivision to the east of this. They have
sufficient to meet the ten percent that would otherwise be required for this
subdivision. So, staff is of the opinion that the ten percent open space is -- has
been met. The amenities provided for the Volterra North plat include a tot lot, a
pool, a clubhouse. They do have five percent additional open space, an extension
of the Meridian pathway system and public art. So, there are sufficient amenities
in the subdivision to the east and the Volterra North plat requires nine amenities,
as I said, and they did provide nine. Since this development is under the same
ownership and will be managed by the same HOA , staff finds the proposed
subdivision meets the intent of the ten percent as I mentioned. The Scrivener
Lateral and East Drain cross the southwest corner of this site. These waterways
are proposed to be relocated along the south and west boundaries within a 20 foot
wide easement. The waterway should be piped in accord with the UDC.
Commission did recommend approval. Summary of the commission public
hearing. Jane Suggs, the applicant's representative, was in favor. There was none
in opposition and none commented. Did not receive any written testimony. I was
the staff presenting the application. Other staff commenting on the application
were Caleb Hood. There were no issues of key public testimony. Discussion by
the Commission were the issues of the two lots appearing to be what is considered
double frontage lots. So, as I mentioned, at Planning and Zoning Commission it
was brought up by Caleb that these two lots here are technically considered double
Meridian City Council
August 15, 2017
Page 38 of 100
fronted, they both have access to both Milano Street and Daphne. Staff's condition
is that they create a common lot there to mitigate that concern. So, the
Commission added the condition 1.1.1.6.3 as follows. A common lot shall be
placed adjacent to Daphne Street to ensure that Lots 2 and 3 of Block 3 do not
have frontage on both Daphne and Milano Street. There are no outstanding issues
for Council and did not receive any written testimony since the Commission
hearing. With that I will stand for any questions you have. On this portion. We
can go into the development agreement now if you would like as well.
De Weerd: Yes, please.
Beach: So, the development agreement is tied to this only insofar as the project
that we are discussing previously, the Summerwood Subdivision, it's -- are these
two lots as indicated by my mouse here and I will go -- I will go through this a little
bit. There are several concept plans and there is a little bit of history on this. In
2006 a portion of this was an annexed in. This particular project Summerwood
was originally annexed back in 2006 as the Prado Villas Subdivision. In 2008 a
portion of the property, approximately 111 acres, was rezoned and removed from
the original development agreement. In 2010 another preliminary plat -- there is a
lot of history on this. I will mention that in 2016, last year, we approved a right-in,
right-out onto Ten Mile Road. I'm not sure if you remember for this lot down here,
as indicated by my mouse, that's the most recent history. The applicant is
requesting to include -- the applicant's request includes a termination of three
previously agreed agreements -- three previously approved development
agreements for the purpose of entering into one master agreement to govern all
the subject properties, which is approximately 275.92 acres. I did mention that
there are several concept plans that were approved with this that we would like to
include into the development agreement and I tried to make a diagram to show the
separate development agreements that were approved that wil l now be included
in one. The applicant's request is, essentially, to remove Walmart property and
these associated commercial lots here as five lots from the development
agreement and to enter into a new development agreement to include just these -
- these three portions, with the exception of the Walmart parcel. Staff went through
the three development agreements and picked out the things that were applicable
and removed the things that were not. Hopefully this makes sense. So, with that
there will now just be one -- the proposal is to have one development agreement
and there are no outstanding issues for Council. Jane Suggs, the applicant's
representative, is in agreement with the recommended DA provision and she is
also the applicant for the Summerwood plat. So, with both of those items I will
stand for any questions you have.
De Weerd: Thank you, Josh. Council, any questions at this point?
Bird: I have none.
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August 15, 2017
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De Weerd: Okay. Jane. If you will, please, state your name and address for the
record.
Suggs: Thank you, Mayor. Jane Suggs with WH Pacific here presenting the
Summerwood Subdivision and that incredible summary of all the development
agreements that encompasses what we sometimes call Volterra. It includes some
subdivisions called Vincenza and at some point was referred to as Bridgetower
West. So, I haven't been actually around during some of these original
development agreements, but I think Josh did an incredible job with the staff of
going through each one of those and helping us figure out how to put those into a
master agreement, which is really helpful to us and to the staff and, as he
mentioned, taking the -- the Walmart out of the changing development agreements
that would require signatures and things of people who aren't even around. So,
that -- they will still have their original development agreement, but the rest of the
development will be managed by this master, which we really apprecia te. Again,
a great job. I'm just talking about the subdivision as well. The highlights. This
actually was approved -- a similar layout you probably remember in 2014. I think
it's 30 lots. Now we are at 26 lots. Same sort of layout with the open space in the
middle. We are meeting the Comprehensive Plan designation. We are meeting
all the subdivision requirements and we agree with the addition of the lots. In fact,
that -- there is going to be some irrigation lines for the ditch and a supply line t hat
have to run along Daphne Street, so likely they will be in that lot. Josh, again, did
a really good job of explaining that we are meeting all the requirements, we are
meeting the Comprehensive Plan with the subdivision. We like the DA being all
put together. And I will remind you this is one of the subdivisions that's using the
pavers in the streets and we got ACHD approval to add this subdivision to their
agreement to allow us to do the pavers and that was in July 19th ACHD took that
up and said, yeah, we like that, as long as you continue to allow us to keep pallets
of pavers in their yard and we do this because of some high ground water . So,
that's our way of dealing with the high ground water, which you probably know is
really an issue in that whole area of the city. So, because there were no concerns
from the neighbors -- we did have a good neighborhood meeting both about the
DA, a lot of people didn't really understand that , but we did talk to the neighbors
who showed up about that. We did notify everyone with all the neighborhood signs
and we had a great response to the subdivision . Everybody felt great job. We
would like to see this area get developed. So, I will stand for questions.
De Weerd: Thank you, Jane. Council, any questions at this time?
Bird: I have none.
De Weerd: Thank you.
Suggs: Thank you.
Coles: There were no sign-ups for either --
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August 15, 2017
Page 40 of 100
De Weerd: You had the one sign-up under public comments. Did you wish to
provide comment on this one? Okay.
Suggs: Can I comment about that?
De Weerd: Sure.
Suggs: I talked to him, because I was -- wanted to know what kind of questions
he had. He actually lives in Bainbridge. He is new to the development process
because of Costco and when he saw signs up about rezones and development
agreements, he showed up, and I gave him all the information he wanted, showed
him what we were doing and gave him my card and he said, great, I don't have to
stay here all night.
De Weerd: Thank you, Jane. And thank you for reaching out to him. This is a
public hearing. Is there anyone who wishes to provide testimony on this item ?
Okay. Council, any questions for staff or the applicant?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing none, I move we close the public hearings on H-2017-0083 and H-
2017-0084.
Borton: Second.
De Weerd: I have a motion and a second to close the public hearings on Item 9-
C and D. All those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve H-2017-0083 and to include all applicants and staff
comments.
Borton: Second.
De Weerd: I have a motion and a second to approve Items 9-C and D.
Bird: Nine -- just --
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August 15, 2017
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De Weerd: 9-C. Any discussion from Council? Mr. Clerk.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, absent.
De Weerd: All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve H-2017-0084 and to include all applicant and staff
comments.
Cavener: Second.
De Weerd: I have a motion and a second to approve Item 9 -D. If there is no
discussion, Mr. Clerk, will you call roll.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, absent.
De Weerd: All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
E. Public Hearing for Sky Mesa (H-2017-0068) by Sky Mesa
Development, LLC Located 5899 S. Eagle Road
1. Request: Annexation and Zoning of a Total of 54.01
Acres of Land from the RUT Zoning District in Ada
County to the R-4 (Medium Low-Density Residential)
(26.57 Acres) and R-8 (Medium-Density Residential)
(27.44 Acres) Zoning districts in the City
2. Request: Rezone of 38.87 Acres of Land from the R-2
(Low-Density Residential) to the R-4 (Medium Low-
Density Residential) Zoning District
3. Request: Rezone of 6.26 Acres of Land from the R-2
(Low-Density Residential) to the R-8 (Medium-Density
Residential) Zoning District
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4. Request: Rezone of 0.88 of an Acre of Land from the
R-4 (Medium Low Density Residential) to the R-8
(Medium-Density Residential) Zoning District
5. Request: Preliminary Plat Approval Consisting of 278
Single-Family Residential Building Lots and 31
Common Lots on 98.35 Acres of Land in the R-4 and
R-8 Zoning District
De W eerd: Okay. Item 9-E is a public hearing for H-2017-0068. I will open this
public hearing with staff comments.
Allen: Thank you, Madam Mayor, Members of the Council. The next item before
you is a request for annexation and zoning, rezone, and preliminary plat. This site
consists of 98.35 acres of land. It zoned RUT in Ada county and R-2 in the city
and is located at 5899 South Eagle Road at the northwest corner and southwest
corner of South Eagle Road and East Taconic Drive. In 2006 this property was
included in the subdivision plat for Black Rock Subdivision No. 1 under the Ada
county nonfarm ordinance. In 2013 a portion of this site north of Taconic was
annexed with an R-2 zone and included as one large lot in the preliminary plat for
the Southern Highlands development, but was not included in the development
agreement for that project. A Comprehensive Plan future land use map
designation for 56 acres of this property is low density residential , which is three
or fewer units per acre, and medium density residential, which consists of
approximately 42 acres of land and that is three to eight units per acre. The
applicant is requesting annexation and zoning of a total of 54.1 acres of land , with
26.57 acres zoned R-4, medium low density residential, and 27.44 acre zoned R-
8, medium density residential. A rezone of 38.87 acres of land from the R-2 to the
R-4 zoning district, 6.26 acres of land from the R-2 to the R-8 zoning district, and
0.88 of an acre of land from the R-4 to the R-8 zoning district is also proposed.
The proposed zoning, R-4 and R-8, and density of 2.59 and 3.12 units per acre is
consistent with the future land use map designations of low density residential and
medium density residential for this site and will facilitate development as proposed.
A preliminary plat is proposed as shown that consists of 278 single family
residential building lots and 31 common lots on 98.34 acres of land in the proposed
R-4 and R-8 zoning districts. The propose lots range in size from 5,553 square
feet to 26,707 square feet, with an average lot size of 10,350 square feet. A gross
overall density of 2.83 units per acre and a net density of 4.21 units per acre is
proposed. The subdivision is proposed to develop in five phases. The project is
proposed to have four typical lot size -- sizes, with lot widths of 55, 65, 75 and 85
feet, with the widest and largest lots consisting of .29 to .61 of an acre as a
transition to those in Black Rock Subdivision, which consists of half to one acre
lots. As you can see my pointer here, Black Rock Subdivision is up here at the left
corner of the screen. Staff is recommending that two lots are removed from the
plat next to those in Black Rock on the southwest side of the development to
provide more of a transition, which could result in no more than two lots backing
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August 15, 2017
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up to a single lot in Black Rock. The applicant has revised the plat since the
Commission meeting and they have removed one of those two lots the staff
recommended, but it didn't really address that two of the lots still have three lots
abutting them, as you can see there. The smaller patio home lots are proposed
adjacent to Eagle Road on the north and south sides of Taconic, which is this area
right here, which will provide a higher density and buffer at the Taconic-Eagle
intersection. The applicant is requesting Council approval for Block 5 and that is
this block right along here. The northeast corner of the site. To exceed the
maximum block length allowed in residential districts of 750 feet, at approximately
1,000 feet. Use of this site being constrained by the Ten Mile Creek, which runs
along the northeast corner of the site here. The length of the cul-de-sac where
East Morris Trail Court stubs at the south boundary of the site, exceeds a maximum
length standard of 450 feet and must also be revised. Access is proposed by East
Taconic Street, a collector street, off South Eagle Road, an arterial street.
Because the UDC restricts access to collector and arterial streets, the proposed
accesses require Council approval. Connection to an existing stub street at the
northwest corner of the site is proposed. One stub street is proposed to the north
and two are proposed to the south for future extension and interconnectivity. The
westernmost stub to the south does not align with that proposed in East Ridge
Subdivision, a development currently in the process -- hearing process to the
south. However, revisions are being made to that plat, so it's uncertain where that
stub street will be or if there will even be one at this time. If proposed the developer
should coordinate on the location of those streets. There are two properties that
abut this site that front on Eagle Road right up here where the pointer is that don't
have access via local street or from this development. The 1.15 acre Fulcher
property north of Taconic and that's the one here where my pointer is and the 10.5
acre HOT3, LLC, property south of Taconic. And that is that large parcel there at
the southeast corner. A driveway with an access easement is provided internally
to the Fulcher property and a stub street is provided to the large parcel here at the
southeast corner. If the land use map designation changes to nonresidential for
that property a stub street is not required, but compliance with block length
standards is still required, so a minimum of a pedestrian pathway would be
required through this block here to this property. A 25 foot wide landscape street
buffer is required along South Eagle Road and a 20 foot wide buffer is required
along Taconic. A ten foot wide multi-use pathway exists along the south side of
Taconic and is required to extend to the north boundary of this site within the buffer
along Eagle Road. So, currently it runs right here along the south side of Taconic,
will cross here, and go up the side here and it will eventually extend to the north
here of the creek. The Ten Mile Creek runs along the north boundary of this site
and will remain open and shall be protec ted during construction. The Beasley
Lateral runs through this site to the north of Taconic and is proposed to be
relocated in an easement within common lots and piped. A minimum of ten percent
qualified open space is required to be provided with this development. The
applicant proposes 13.27 percent or 13.05 acres of land, consisting of half of the
street buffer along Eagle, the street buffer along to Taconic, eight foot wide
parkways and internal common areas. Site amenities are proposed to consist of
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August 15, 2017
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pedestrian pathways through the development providing connectivity to open
space and site amenities. A segment of the city's multi-use pathway system, a
swimming pool with a clubhouse and tot lot, a picnic shelter and another tot lot in
accord with UDC standards. The majority of these amenities are located within
phase four of the development. Staff recommends in the staff report that they be
constructed with phase two. However, the applicant recommends -- or requests
that they be constructed with phase three, which is the first phase on the south
side of Taconic and as you can see here the pool is located right here on the south
side of Taconic. Staff is amenable to this request, but the Commission did not
agree and didn't modify that condition . Because there is a significant slope at the
southwest boundary of the site, adjacent to the Black Rock development, and that
is in this area right here, staff recommends this area be placed in a common lot
owned and maintained by the homeowners association to ensure its maintained
uniformly and consistently. This little slope area on the north side of Taconic was
placed within the adjacent building lots with no easements. However, complaints
have been made to code enforcement that the slope area is not being consistently
maintained and it has become an enforcement issue for weeds. The slope area in
the Reflection Ridge development was placed in common lots and seems to be
working out better. The revised plat depicts the slope area in an easement on the
building lots with a note stating the area will be maintained by the HOA subject to
the specifications in the CC&Rs and they are requesting Council approval of that
area to be within an easement on building lots , rather than in a common lot as
recommended in the staff report. The applicant has submitted six photos of homes
that will be similar to those constructed within this development and share the
same character and quality of design as those in Southern Highlands Subdivision
to the west, north of Taconic. These photos all depict at least two different building
materials and stone and brick veneer accents. The Commission did recommend
approval of these applications. Becky McKay, the applicant's representative,
testified in favor, as did Chat Hamel from Boise Hunter Homes. Several folks
testified in opposition as follows: Sam Karnes, Susan Karnes on behalf of the
Meridian Southern Rim Coalition. Jim Stroo on behalf of the Black Rock
Homeowners Association. And Wendy Webb. Testimony was received from
Becky McKay, the applicant's representative, in response to the staff report.
Andrea Tlusek and Andrea Fonnesbeck also provided written testimony. Key
issues of testimony are as follows: Reference larger lots than those proposed in
the R-8 district and more of a traditional in lot sizes, no greater than one -- one and
a half from those in Black Rock Subdivision. Concern regarding impact on traffic
on Taconic and Eagle Road at the intersection and quality of life in this area.
Request for the hillside to be located within a common lot, rather than on individual
building lots, so that it's owned and consistently maintained by the HOA . The
proposed development is not consistent with the goals of the Comprehensive Plan
as follows: Desire for the area to be a lower density, quoting the comp plan to
preserve some of the small town character and charm as stated in the introduction.
Does not feel the proposed development demonstrates consistency with the key
community values stated in the plan. For instance, enhance Meridian's quality of
life for all current and future residents. Prevent school overcrowding and enhance
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August 15, 2017
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education services. Improve transportation and protect Meridian's self identity
and, lastly, the definition of quality of life and livability is the satisfaction of residents
derived from their surroundings. Negative impact on more dense -- of more dense
housing adjacent to less dense housing. And the request for the property to be
zoned R-2 and developed less densely than proposed , instead of R-4 and R-8,
which is what the majority of residential land in the city is zoned. Opposition to
patio homes, higher density at the entry of the development at the intersection of
Eagle and Taconic and proposed R-8 zoning. Like to see -- like to keep the semi-
rural ambiance and identity of the neighborhoods, larger lots and greater setbacks.
Preference for the patio homes to be located on the northern sector of the
development. Concern that higher density near the intersection will exacerbate
traffic congestion during the rush and school hours. Overcrowding in schools in
this area already. Need for the additional parking to be provided for the swimming
pool, clubhouse, playground area, as the number of spaces provided for the pool
in the existing Sky Mesa development is inadequate and request for a statement
entrance to the development and provision of tall berm with lush landscaping along
South Eagle Road for sound mitigation and beautification. Key issues discussed
by the Commission are as follows: Traffic calming on Taconic. For instance, a
roundabout at the intersection near the pool. The issue of the hillside being put in
a common lot for HOA maintenance, rather than in adjacent building lots for
individual homeowners maintenance. The timing for the expansion of South Eagle
Road and the roundabout improvements. The applicant's request for eligibility for
reimbursement of fees in the future for sewer and water improvements that provide
additional service and capacity to other projects . The timing for when the
swimming pool will be constructed, which phase. The Commission did not make
any changes to the staff recommendation in the staff report . Outstanding issues
for City Council tonight are the neighborhood concerns if proposed development
is appropriate for this area and the Commission requested staff discuss the
possibility for traffic calming measures on Taconic with ACHD. Staff did so and
ACHD required the applicant to work with ACHD staff to coordinate a traffic
calming plan for East Taconic Drive prior to ACHD's signature on the first final plat.
Written testimony since the Commission hearing has been received from Wendy
Webb and the Southern Rim Coalition. Staff will stand for any questions.
De Weerd: Thank you, Sonya. Any questions at this point from Council?
Bird: I have none.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just a couple. Sonya, can you give me a better understanding of what
a statement entrance is? I don't know what that is.
Allen: Mayor, Council, I assume it's something magnificent --
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August 15, 2017
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Cavener: That makes a statement.
Allen: Announces the development as folks are entering it. I didn't write that,
Councilman Cavener. So, maybe someone from the audience can provide
more --
Cavener: Madam Mayor, additional question. Sonya, can you go back to the --
the map of the proposed development? Is that round about is, what, 450 feet
away? Yes. To me that looks like -- is that the other proposed stub street? It
looks like a cul-de-sac, but it also looks like it's a connection. I just don't know if
my eyes are failing me or -- the little bubble on the bottom just --
Allen: Madam Mayor and Council, it is a cul-de-sac, but it also stubs to the south
boundary. A turnaround because it's too far for fire department to -- without one.
Cavener: All right. Thank you, Sonya.
De Weerd: Okay. Council, any other questions at this time? Okay. Good evening.
If you will, please, state your name and address for the record.
McKay: Thank you, Madam Mayor, Members of the Council. Becky McKay with
Engineering Solutions. Business address 1029 North Rosario in Meridian. I'm
happy to be here this evening representing the Sky Mesa project and Boise Hunter
Homes. I'll go ahead and kind of begin. When we started the planning process
on this Mr. Hunter, obviously due to the size of the property being 98 acres, wanted
to have some diversity within this particular project. So, we had some -- went
through some different variations in our conceptual planning. I recommended that
we have our neighborhood meeting early on. We met with the neighbors. We
were contemplating a multi-family component next to Eagle Road at the collector
Taconic and we got significant objection to that and we talked about other issues.
Traffic. And we went back to the drawing boards. We revise the plan. We worked
on some of their concerns. We eliminated all multi- family and, then, came up with
just two small pods of patio homes, single level, detached patio homes. Let's see.
We had a second neighborhood meeting prior to submitting to the city and shows
the neighborhood -- the changes. Some people were pleased and very happy that
we had eliminated any multi-family component. Others were still not, you know,
satisfied with what -- what we were shown -- showing them. One of the things that
I, obviously, was concerned with was transitioning and that's why my
recommendation was that we do a dual zone. So, 66 and a half percent of this
property is R-4. That is our request this evening. While 33 and a half percent
would be R-8. As Sonya indicated, we have 278 single family residences. We
wanted to provide a very diversified development with assortment of different
homes. We wanted it to, obviously, maintain the premium high quality design that
Mr. Hunter has already established in this area with his White Bark project, which
is just located to the north off of Amity and, then, Southern Highlands, which is
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August 15, 2017
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located just west. We are currently under construction on the last phase of White
Bark, which will finish that out and we are almost at construction plan approval on
the last phase of Southern Highlands. So, this is, obviously, a 2018 project that
we will move into. There is an aerial photo. As far as looking at this vicinity, we
have a mixture of zones. There is, obviously, R-4, R-2 and R-8 in Hill Century
Farm directly across the street and they are predominately -- they are all R-8.
Taconic was designed as a residential collector. It's in the master street map with
ACHD. It's in your southern Meridian transportation plan. Currently it is like a
substandard collector. We will be going in and widening it to a 36 foot wide from
back to back. Installing five foot detached walk, curb, gutter all along it. There is
an existing ten foot multi-use pathway that is a pre-existing along the south side.
We will be retaining the landscaping as much as possible and the ten foot multi-
use pathway. We will also construct multi-use pathway north of Taconic on the
Eagle Road frontage, so there can be a continuation of that path. I wanted it to
look open when you drove into this development, kind of like what we did at
Bridgetower where we had significant openings with common areas, micropath
linkages. We put the amenity, which is the pool facility, playground, right there on
Taconic, which keeps that corridor nice and open and just gives it a good feel.
Phase one and phase two are located north of Taconic. We will have open space
with playground equipment in that linear open space. You can see that we have
connections there and, then, we have our primary central open space on 2.68
acres located south of Taconic in the southern portion. As far as your
Comprehensive Plan, there is two designations within this property, low density
and medium density residential. Sonya did ask me to calculate the percentages
of what we had. We do -- in the low density residential area we are at 2.59 dwelling
units per acre. In the medium density residential designated area we are at 3.12.
So, we are well within the confines of your Comprehensive Plan. Our overall gross
density is 2.83 dwelling units per acre. So, you know, as far as looking at some of
the other projects that have been built out in south Meridian, this is what I would
consider a low to medium density residential project. In our lot sizes we made a
map and this was for the benefit of the neighborhood meeting, but I want to show
the Council this, because it demonstrates our -- what our reasoning is in our lot
sizing. So, the blue lots that you see adjoining Black Rock, those are one hundred
feet wide and they are 222 feet deep to 150 feet deep, with an average square
footage of 18,085 -- 84, excuse me, square feet. The pink lots, those are ranging
from 85 to -- by 150 to 85 by 135 and, then, as you go to the -- the kind of green
or aqua green, those are 75 foot lots and, then, as we transition towards the arterial
and the collector, those are 65 foot wide lots and, then, the yellow lots are the patio
home lots and those are roughly around 5,550 square feet. So, we have got a nice
mixture to accommodate different styles of homes, different lifestyles. Our average
lot size in this project is over 10,000 square feet. Ten thousand three hundred and
fifty. Excuse me. So, really, what our range is is 5,553 square feet. Our largest
lot is 26,700. Now, one of the things that we also had to consider was the entrance.
We got a lot of feedback from the neighborhood and they said, you know, we want
a statement. We want this to be an extraordinary entrance with a lot of
landscaping. So, Mr. Hunter had his landscape architects do this streetscape for
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you, so you can see a combination of walls -- you know, they are, obviously, using
different colors, modulation. We have left a lot of room for landscaping and to
really create a sense of place. This is going to be top notch. They have spent a
lot of money out there at the Southern Highlands project and, obviously, he wanted
to be assured that this project would maintain that high quality and consistent with
what he's established and worked so very hard to maintain. This gives you another
kind of perspective. You can see -- that would be the Eagle Road corridor, so
there be extensive berming, trees, landscaping and a combination of walls. That
gives you another streetscape. That's Taconic looking from Eagle Road into the
project. One of the comments we had about the patio homes -- you know, we
would like you to have heavy landscaping along that collector. You know, we don't
want those units detracting. Well, you know, obviously, these are going to be --
Boise Hunter Homes, they have strict architectural guidelines, but still we did abide
by adding additional landscaping, so that we had more width to work with. As far
as our amenities, we have 13.05 acres of open space. That's qualified open space,
so we are not just at the minimum, we are at -- over 13 percent. We have,
obviously, our two common areas -- central commons areas, one to the north, one
to the south, with our pool facility, two playgrounds, the ten foot multi-use pathway.
The majority of our project will have detached sidewalks with an eight foot
residential landscape buffer. We have two areas where we will have attached --
or three areas, excuse me, where we will have attached sidewalks and that's only
out of necessity. This kind of shows you the amenities that we are planning out
there as far as the playground, the changing rooms, the disappearing pool edge.
He wants to, obviously, make the same statement and emulate what he's created
in Southern Highlands. One of the comments the neighbors had was the parking.
There are four spaces within the existing pool facility. We just -- we just mirrored
what he had, but he is in agreement that, you know, eight or ten spaces would be
probably more appropriate and so I -- that's really a non-issue. My
recommendation is eight to ten spaces are usually what we average. That allows
people with toddlers to drive to the facility who live a further distance away. This
gives you kind of an overview. The landscape architect created that. That is that
central open space that you can see. So, there is, obviously, in that 2.68 acres
ample room for, you know, kids to play soccer, to have, you know, a running room,
ball room, et cetera. This is the existing pool within Southern Highlands. That
shows you the quality and expense that they have gone to to create not just your
normal run-of- the-mill neighborhood pool, but something that really stands out and
makes a statement. This is the sloped area that had a lot of discussion on. Above
you see the Black Rock development. So, one of the things that we wanted to
make sure is that we transitioned. That's why we made those lots between 228
and 150 feet deep is so that we could make that appropriate transitioning. Initially
we had those lots 85 feet wide. We took out a lot and made them all a hundred at
the Planning and Zoning Commission. Staff talked about it -- maybe we should
take out two. If I take out one more all that adds is 20 more feet to each lot, which
is really negligible. You're not -- you're not going to get a one-to-one match, you're
still going to have two point something lots against those lots and that's -- you
know, unless we pie them out, that's typically what happens. I think the most
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August 15, 2017
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important thing is size and the distance , keeping, you know, a separation so that
they don't feel closed in and I believe we have accomplished that with our plan .
This kind of gives you a distance. You can see where Sky Mesa is. This is
Southern Highlands. They did have an issue out there. Boise Hunter Homes got
on it, took care of it, and the issue was that the CC&Rs read in the event that there
is a problem, then, the HOA will come in and maintain the slope. Well, what we
are suggesting in this particular project is in the CC&Rs the HOA will maintain that
slope. That slope will be placed in a 35 foot wide easement and the HOA will
maintain that. This shows you Southern Highlands. This is just a quick example
of another project where we went in and the -- the developer made some terracing,
so there is multiple things that we can do in that slope and we, obviously, want to
work with the homeowners and we don't -- because they -- they may have a vision
as far as how they want that treatment. This shows you what we have changed
here. As you can see, this is a side lot. The first lot there is long. It fronts on the
roadway that's going in a north -- or a south direction and so it's hard for me to go
one to one when you have the side lot line there. If you look at the other Sky Mesa
lots, you can see that, you know, my lots are very comparable. These are the
types of homes that Mr. Hunter intends to build within the project. They are,
obviously, high quality. I toured through some of his model homes, they have been
very impressive on the exterior and the interior and he's been successful in the
Meridian and the Boise market. This is the CC&Rs provisions that I talked about.
So, we believe that there will be no issues, because the HOA will maintain those
slopes and it will be specified in the CC&Rs how and when that will be done. This
brings you back to that kind of overall look and, then, this shows you what ACHD's
initial plan is for the future. ACHD wants a dual lane roundabout built. We will be
participating in the financial participation in that project , along with Hill Century
Farm. There will be an island that comes straight in, so that first approach into our
patio homes will be right-in, right-out from the very beginning. Do you have any
questions?
De Weerd: Council, any questions at this time?
Bird: I have no questions.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Just one, Becky. Can you comment briefly on the property -- the acres to
the south, the decision is to stub or not stub to that?
McKay: Madam Mayor, Councilman Borton, I did submit a revised preliminary plat
to Sonya showing a stub street with a note, indicating that there would be a stub
street there if that were developed for residential purposes and if it were to develop
say as mini storage, which is one of the things being kicked around by the property
owner, that, then, we would not stub.
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August 15, 2017
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Borton: Where would the -- where is this stub from --
McKay: The stub is directly across from Palmyra Street.
Borton: Okay. Thank you.
De Weerd: Any other questions for Becky at this time?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Becky, I think you touched on this, but I hope you can expand a little bit
further about the rationale between making the hillside area common area verses,
you know, area that's owned by -- by the people that purchase the lots. That
seemed to be a comment that we received a lot of correspondence about it and
it's notated in the staff report and I'm just hoping you could comment a little bit
further about that.
McKay: Madam Mayor, Councilman Cavener, when we have slope we -- we work
with the homeowners as far as what they want to do with the slope . So, they may
want to terrace it. They may just want it to be like in a red fescue or something
along that line. Sometimes we will go in and we will -- we will do some minor
grading to minimize the slope. That slope varies through there, so there is some
areas that it's only about 15 feet wide. Then there is other areas that it's about 35
feet wide. To just go in -- if you slap in a 50 foot common lot, then, what you have
done is you have made lot a hundred by a hundred and so, then, when you impose
the setbacks, that's going to -- obviously, a smaller home would go on that lot,
because it's not going to be as deep. And so if we are talking transitional lot sizes
-- I try to make my lots as large as possible and if you do that, then, you're cutting
the lot sizes down. You're making the lots 10,000 square feet instead of 18,000
square feet.
Cavener: Madam Mayor. I guess if you're looking to maintain the same amount
of lots. You could always do less lots and have larger lot sizes. You could.
McKay: I can't get -- I can't make them deeper if you have a common lot there.
There is no way I can make them deeper. I'm already 222 feet deep and 150 feet
deep.
Cavener: I understand that.
McKay: So, that's my -- my concern is if you lop 50 feet off and we are sticking
this in a common area -- I have slope out at Fall Creek, other projects, I have never
been required to put the slope in a common area and we have always gone in and
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we have done a really good job. In fact, out of Fall Creek the lot that had the most
slope that we terraced, a doctor bought it and that is the most expensive , largest
house in Fall Creek. I mean there is -- a lot of people will like the slope.
Cavener: I don't disagree.
McKay: So --
Cavener: I just was looking for some clarification.
McKay: Yeah. It would just -- it would just limit -- I think it would just limit the
options available to those homeowners.
Cavener: Thank you.
De Weerd: Okay. Anything further for Becky at this time? Thank you.
McKay: Thank you.
Coles: Madam Mayor, we have several on the sign -in sheet. Several indicated
not wishing to testify, but I will read their names into the record as well. So, we
Lonnie Wageman signed up against the project. Not wishing to testify. And Ben
Shelton signed up against the project not wishing to testify. Caitlyn Shelton signed
up against the project not wishing to testify. Ben Shelton signed up against the
project, not wishing to testify. Lisa Broderick signed up against the project and
would like to testify.
De Weerd: Thank you for sticking with us. If you will, please, state your name and
address for the record.
Broderick: Yes, ma'am. Lisa Broderick. I live at 2331 East Lodge Trail Drive in
Meridian, Idaho. 83642. Thank you, Madam Mayor and Council Members, for
listening to the program tonight and I appreciate Becky's presentation tonight as
well. I came up here originally wanting to talk about the green spaces and open
spaces. The last plan that I did see didn't have this much available, so I feel much
better with this common space. A couple of things I did want to bring forward,
though, was from the ACHD meeting that I attended last week and , unfortunately,
the -- the COMPASS report got brought forward that morning and so it hadn't been
reviewed by anyone prior to that meeting. There was some discussion about
whether or not to hold off on that meeting, but they did decide to move forward with
it and help the process along. One of the interesting things that I noted -- one of
-- the one opposing number to the approval brought forward that there were five
CIMs on the checklist that were met and 17 that were not met and that was a
concern for him as far as wanting to review that report a little bit more thoroughly .
It goes on further to say the proposal exceeds growth forecasted for this
neighborhood. Transportation infrastructure may not be able to support additional
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transportation needs without improvement or demand management strategies .
That I think is the better focus for me in light of the new -- the green space opening.
The challenges that we are having along Taconic Drive now are excessive speeds
on that. I believe after the first complaint that was brought to this meeting we did
see increased police traffic and there were increased tickets and that's definitely
not a satisfier for the people in the neighborhood by any means, that's not what I'm
asking though. It's having a permanent traffic resolution on that road. It is a nice
road. It's coming off a 50 mile an hour Eagle Road. It's easy to get back up to
speed. You don't even think about it right now, because you currently don't have
any development on either side of you, but even with that development there is
enough younger people in that neighborhood where we have people racing down
that road. So, I do feel like the traffic measures that ACHD thought would be
helpful for that, I do feel fairly strongly that that road is improved in that manner.
My other concern is something that ACHD brought forward and it was the lack of
northwest access out of that neighborhood. So, we currently have two exit points,
one on Amity and one on Eagle Road and that has proven to be challenging from
a safety perspective when we have had someone testify about EMS trying to get
to their house. So, I just wanted to point out some of the traffic type of challenges
that we have.
De Weerd: Thank you so much, Lisa. Council, any questions?
Bird: I have none.
De Weerd: Thank you.
Broderick: Thank you.
Coles: Tony Broderick also signed up against not wishing to testify. Andrea Tlucek
signed up against, unsure whether or not she wanted to testify. Andrea, do you
wish to testify?
De Weerd: Good evening. If you will, please, state your name and address for
the record.
Tlucek: Andrea Tlucek: 5866 South Graphite Way, Meridian. 83642.
De Weerd: Thank you.
Tlucek: It seems like it was not very long ago that I stood in front of you talking
about -- what is it called? East Ridge. And my concerns about this development
are, basically, very similar in that I think that there is a real need in Meridian for
areas where there are homes that have larger lots and I understand from Becky's
report that the lots along the -- whichever edge that is -- that back up to Black Rock
are larger lots, but when you consider that most of that is slope, we are still getting
houses that are on small usable land and I would like to see that there are more
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lots with larger spaces for homes and for people to enjoy the outside . My other
concern is the entrance onto Taconic. My understanding is I -- was not at the
ACHD meeting, but they -- it's normally a 330 foot set -- or allowance before a road
starts. Sorry, I don't know the language. And they allowed for 210 feet and I can
see, knowing how the traffic can get on Eagle Road, it backing up and with making
that turn and people turning into the patio homes and potentially there being a
dangerous situation there. I saw the roundabout on Eagle and I like roundabouts,
but I am still concerned about children being able to get to the school and the Y on
the other side of the road and making it safe for them. I guess that's all I'd like to
say. Thank you.
De Weerd: Thank you.
Coles: Kathy Baumgartner signed up against the project, wishing to testify.
De Weerd: Thank you for being here. If you will, please, state your name and
address for the record.
Baumgartner: My name is Kathy Baumgartner. I live at 2310 East Lake Hazel
Road in Meridian.
De Weerd: Thank you.
Baumgartner: Thank you so much for the opportunity to speak. I wanted to talk a
little bit about expectations the citizens have with respect to zoning, the flume, and
I have been doing a lot of work trying to understand what citizens are looking for
and I keep -- keep running into this problem that the future land use map represents
-- zeroing in on this particular section out in south Meridian that we are talking
about tonight, you see a lot of green and there is -- there is a conception with
homeowners and citizens that that means that we are going to have a more rural
feel we have -- you know, the flume is our understanding of the city's plan for
growth and it sets our -- helps set our expectations and people make buying
decisions based on this flume and that's what they are looking for is a more rural
feel. So, if we go back and we look at some of the recent development in this area,
as you see it's starting to become populated. You see that the green is going away
and being represented by much more dense -- dense subdivisions. It just keeps
going and going and going and I -- people ask me where is the reallocation of the
low density housing for us. When we -- when the expectation was set that we were
going to have low density and it just keeps going and now with this particular
subdivision a substantial size subdivision with a substantial deviation from what
the expectation is of things round it -- homeowners around it, I mean I understand,
you know, from the applicant's testimony that this is consistent with the FLUM, but
if it's consistent with the FLUM -- I mean -- I'm still learning, so I apologize if this is
a dumb question, but if it's consistent with the FLUM, why are they requesting a
zoning variance, a change, a step up from R-2 to R-4 to R-8? Why do they need
that if it's consistent? So, I think homeowners are asking, you know, what is the
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FLUM and what is the city's expectation. If they are going to put this expectation
out there, why not require the developers to adhere to it. Other questions we hear,
you know, is low density on the FLUM just a placeholder? I mean developers tell
us all the time that low density is just a placeholder until the city figures out what it
wants to do there. Well, that's not the expectation of the citizens. It's not the
expectation of the homeowners. I mean why does -- why does the city tell us, the
homeowners and prospective homeowners, that it's going to -- you know, that the
-- there is a low density designation out in this particular area, but, then, implement
something entirely different. And, then, just a general question. Why can't we
have -- and I think you heard it from another testimony. Why can't we have more
low density residential lots with larger lots for people who do want larger lots. I just
-- in closing when expectations aren't met there is disappointment, which leads to
frustration, which leads the anger, which leads to a demand for change and
citizens -- really what we want is we want to adhere to the low density designations
in the FLUM. We want the city to provide low density housing options for people
who want larger lots. We want to maintain a the rural feel of our communities and
we want the city to deny this project and the request for annexation, which requires
a step up in -- in zoning. Thank you for your time and if you have questions I'm
happy to respond.
De Weerd: Thank you, Kathy. Mr. Palmer.
Palmer: Madam Mayor, thank you. Just ask a question for you. Is there a time
frame in which if there isn't a market for -- or profitability in developing R-2 out
there, is there a time frame where -- that it makes sense for you to say, okay,
nobody is developing out here, it's been ten, 15, 20 years from now that you would
be like, all right, we may be okay with an R-4 or is it just R-2, that's it forever?
Baumgartner: No. I think that's an interesting question and I think the city, as my
understanding, has a process for making changes to the FLUM and it shouldn't be,
in my opinion, at this stage, it should be open to public debate and open to public
hearing and I realize this is a public hearing, but I mean bringing in all the
stakeholders, bringing in all the -- the parties that are involved and having some
dialogue and some discussion about what we want to see our community look like
and my understanding was that was what the Comprehensive Plan and the FLUM
were attempting to accomplish was a collaborative effort of bringing all the
stakeholders together to understand what do we want out here and when we --
and we have that. We have that. I mean at least that's my understanding what
the FLUM and the Comprehensive Plan work together to try to accomplish. It feels
like every time a developer comes forth with a new plan that requires a step up, so
that they can get maximum density so that they can make their profit -- make their
subdivisions more profitable, that's what they are in the business of doing and so
they are going to push you guys as hard as they can to get profitability. We allow
that without any reconsideration for the fact that the communities that already exist
out there, the people that are making buying decisions and moving into that area
are looking for a more rural feel and they have looked at these -- these plans and
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they looked at these maps and they go, hey, this is an area where I want to be,
because it's going to have this kind of rural reel and there is -- it feels like there is
a bit of a bait and a switch happening here, because when the minute a developer
comes in and says, well, I want to put R-8 you say okay and that's where the
frustration comes from with -- with citizens is it just feels like there is more
consideration to -- to stepping up than there is to the commitment that is already
outlined in the existing FLUM and the existing comp plan.
De Weerd: Any other questions, Council?
Baumgartner: Thank you so much.
Coles: Cliff Looney signed up against the project not wishing to testify. Pat Looney
signed up against the project, not wishing to testify. Susan Karnes signed up
against the project, wishing to testify.
Karnes: Good evening. My name is Susan Karnes. I reside at 5556 South
Graphite Way.
De Weerd: Thank you, Susan.
Karnes: And I have a PowerPoint. Good evening, Madam Mayor, Members of the
Council. I am here this evening to share the results of a neighborhood survey
conducted by the Meridian Southern Rim Coalition and, therefore, I respectfully
request ten minutes to present my remarks. The Meridian Southern Rim Coalition,
in response to the second presentation by Boise Hunter Homes at the second
neighborhood meeting conducted a neighborhood survey. The design was pretty
open, you know, did you attend the meeting. Are you familiar with the plan. We
attached a rendering. Do you oppose or support the following aspects of this plan
and we left space for comments and so my comments today are a compilation of
that feedback. Okay. I'm new. I'm an Apple girl. Did I do that right? Sorry. Okay.
I did something -- sorry. That's right. Now, what am I doing -- I'm sorry. I -- arrows
down at the bottom. Okay. I will start now. Okay. The first concern.
Overwhelmingly density, which Kathy Baumgartner has just spoken to. I think
there is a real cognitive dissonance between what residents perceive as density
and what the city outlines in its code. The density calculations, if you look at the
overview of Sky Mesa, were parkways, the space between sidewalks and streets
is calculated as green space, where the berms along Eagle Road are calculated
as green space. This I think works to the advantage of the developer and to the
disadvantage of the homeowners. So, we had overwhelming objection to R-8
zoning especially due to the tight setbacks and small lots and a neighborhood that
clearly has a semi-rural estate character and identity and many, many residents
noted in their comments they purchased their homes, the biggest investment they
own, based on their expectations of this. Regarding roadways. There were
several objections. They strongly object to the proposed road variance for two
streets providing entry for 39 patio homes 210 feet from the intersection at Eagle
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Road and Taconic. We have a situation in this neighborhood where there is not a
clear north-south connector. Taconic is our primary route. The only other egress
out of these neighborhoods is a convoluted route through Marsala Drive that has
a tight basketball median, which is not real -- readily navigable for many of our
neighbors with RVs and boats. Therefore, this intersection of Taconic and Eagle
is critically important for emergency response for hundreds of homes. It's also our
access route to Hillsdale Elementary School, the future YMCA and city park. In
our opinion public safety should be the primary objective here. A variance of this
type might be granted, in our opinion, under other circumstances. Perhaps the
streets provide necessary access to sparsely populated areas, so traffic is quite
light. Perhaps the variance would add significant value to the community. But
that's not the scenario for Black Rock, Sky Mesa and White Bark neighbors, who
also share this intersection with the large Century Farm neighborhood across
Eagle Road. We believe this 120 feet in variance represents a critical margin of
public safety. At the present time this intersection is beleaguered by traffic delays
during school and rush hours. The proposed configuration of local streets is too
close to an intersection that will soon be complicated by an additional 1,000 new
homes after buildout, a traffic circle, a pedestrian crossing signal, a school speed
zone, lengthy medians on Taconic, control the proposed right-in and right-out
traffic to these streets and the traffic generated by the patio homes immediately
there at the entrance where traffic tends to back up. We are also concerned as
noted earlier about the chronic speeding on Taconic. It's well documented. I spoke
with Sergeant Stacy Arnold of the Meridian Police Department, who advised me
that he had routinely and easily writes tickets for speeds of 40 to 45 miles per hour
in the 25 mile per hour zone. He further stated that law enforcement is a poor
manner for controlling speed. The coalition requested traffic calming before the
Commissioners and they concurred. The neighborhood is quite clear it does not
want speed bumps and it does not want basketball medians, because of the
navigation difficulty of that. We are baffled by the lack of stub streets allowing
future connectivity to the parcel. Becky addressed this in her comments and it's
welcome news that there will now be a stub street. But I have to say that it's a little
disconcerting to residents to see an application document showing proposed mini
storage in an area that is clearly labeled residential on the city's future land use
map. Therefore, based on these survey results, the coalition respectfully requests
that Council deny the requested road variance and Eagle Road and Taconic. I'm
citing guidelines in the city Comprehensive Plan here. Require traffic calming on
Taconic, other than speed bumps or tight basketball medians. Require the
applicant to redesign the application to provide appropriate stub streets, which
evidently will be done, and we would -- would like to require the revised roadway
design to create generous allowances for driver , cyclist and pedestrian safety at
the intersection of Eagle Road and Taconic along Taconic and throughout the
neighborhood. Regarding lots, common areas, and amenities, respondents
overwhelmingly oppose the three to one lot ratio adjacent to Black Rock. W e just
-- the feedback is -- it doesn't reflect transition by any reasonable definition as
defined in the city's Comprehensive Plan. Boise Hunter, in fact, set a clear
precedent of appropriate transition in its first phase of Sky Mesa with its one-to-
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one ratio along Lodge Trail abutting Black Rock lots. Staff recommended no more
than a two-to-one ratio. Residents would like to see this be no greater than one
and a half to one for appropriate transition and we would refer you to 3.4.02.F in
the Comprehensive Plan regarding comparable lot sizes to provide buffer
interface. As has been discussed this evening, respondents oppose the slope as
private property and they support staff's recommendation that it be designated
common area. The problem is not only weed and code compliance, although this
totally placed homeowners on Lodge Trail at risk of misdemeanor tickets due to
noncompliance with the city's code regarding weeds and it created friction between
the Sky Mesa and Block Rock neighbors. When Black Rock homeowners
contacted code compliance to enforce weed control, unaware that their neighbors,
the property owners below in Sky Mesa, would be held liable, not their HOA, which
is charged for that responsibility through the CC&Rs. The other issue with this is
the slope in the first phase of Sky Mesa is private -- privately owned, but it's
designated as nonbuildable and it just seems odd that people own property that
they cannot build on and it has created confusion, because it is mentioned as
nonbuildable in the plat, but not in the CC&Rs and so it's causing considerable
question about what is allowed. Furthermore, as we have witnessed in the Boise
foothills, the integrity of our slopes on which homes like those in Black Rock and
those below in Sky Mesa are built, must vigilantly be protected. As the coalition
understands it, the city has no grading regulations and we would welcome
clarifications or confirmation of that. Respondents say that the parking in the
community pool, designed to serve hundreds of homes, is grossly inadequate.
This is proven by the presentation with four spaces. Again, during my conversation
with Sergeant Arnold he mentioned to me his concern about the congestion and
hazards created by the existing pool and small parking lot, which he witnessed
while issuing a speeding ticket ironically. Many young families are forced to walk
to the pool and it's difficult when you have got the pool floats, et cetera, so we
would be pleased to see an increase in parking allotment for the new community
pool, but we would not want it to be at the cost of precious green space in the
adjoining park. Respondents also ask for continuity with the regional pathway
network map and they desire safe connectivity to exist in a long term routes. They
expressed a desire to see safe cycling lanes on the collector streets and so,
therefore, we request a revision for lot ratio between Sky Mesa and Black Rock
that the slope be designated common area and a greater allocation of pool and
community parking, timely and complete connection to the pathway network and
we also would like for Council to apply its 3.5.02.E for bike lanes along connectors
in urban settings to this situation, given the size of this neighborhood. In closing I
would just like to say that if the city's Comprehensive Plan clearly directs and
values appropriate transitions between density zones, recognizing the identities of
existing neighborhoods and enhancing the unique characteristics of each , this
application requests annexation of 54.01 acres in rezoning for 98.3 and this is a
substantial and permanent addition to our community that we feel deserves your
scrutiny and deep thought. We respectfully ask the Mayor and Council to approve
our recommendations, which we believe enhance the long-term value and livability
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of this application and adheres to the city's plan vision and plan structure as
described on page four in your Comprehensive Plan.
De Weerd: Thank you, Susan.
Karnes: Thank you.
De Weerd: Questions?
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor. Ma'am, thank for the very detailed presentation. It was
very helpful in understanding what the neighbors are interested in seeing happen.
I did have a question. You had mentioned that you'd like us to require traffic
calming. You mentioned other than speed bumps and median --
Karnes: Basketball medians.
Palmer: What do you have in mind for traffic calming?
Karnes: Well, actually, Commissioner Hansen at the ACHD meeting did reference
a website that offers many, many traffic calming methods and I think our position
is that this is probably something best left to experts. We would like to have a seat
at the table, because we use these streets and we know how we use these streets
and several neighbors have said to me they -- you know, they have boats, they
have RVs, they have oversized trailers and the basketball median in the middle of
Marsala is really, really very difficult. I don't think we would need anything that
extreme. That really forces you to almost stop and go around. They have what
they call football medians that are just -- you know, it just adds some curvature to
the road and does tend to remind people that the speed limit is 25 and not 50 as it
is on Eagle Road.
Palmer: Madam Mayor? I guess that's what I was trying to figure out was --
Karnes: Yes.
Palmer: -- whether you wanted obstructive, intrusive, or less. So, that answers
that. Thank you.
Karnes: Yeah. I think we just want to -- you know, I'm reminded of a tragic incident
we had here in this city a few years ago with a young man on a bicycle and our
concern is that those using our streets be safe. But also we have to balance that
with solid emergency response and the ability, in the case of a fire or whatever,
that we can exit our neighborhood safely.
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De Weerd: Where is Marsala?
Karnes: Marsala is in the White Bark Subdivision and so it is off of Amity Road.
Across from -- you know where Paisley Meadows is going in by Hayden Homes
between Locust Grove and Eagle off of Amity.
De Weerd: Can -- can you show that, Sonya? So, Taconic is a collector for a
number of different subdivisions.
Karnes: It is. And when East Ridge is developed I can see where those exiting
East Ridge would find a left-hand turn onto Lake Hazel to be difficult and might opt
to come down through Black Rock and Taconic through Sky Mesa to avoid those
left-hand turns onto Lake Hazel and to access to school might be an easier route.
We had a homeowner in our neighborhood t estify that in 2014 she had to call
paramedics for her husband one morning and the ambulance could not turn left or
north onto Eagle Road from Taconic. Although they had stabilized her husband,
they had to use their lights and sirens just to be able to tu rn. It is a -- it is a constant
stream of traffic coming up from the Lake Hazel direction. She was unable to turn
and follow for ten minutes in that emergency situation, because she just didn't have
enough clearance to -- to turn north on Eagle. It's a problematic intersection and
we are not even close to being built out.
De Weerd: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Staying with I guess the theme of traffic calming, can you share with me
what the opposition is to speed bumps? They seem to be a commonly used traffic
calming device throughout Meridian and I'm just curious where -- where the
opposition to speed bumps is --
Karnes: Councilman Cavener, I -- we have gotten I would say close to a dozen e-
mails -- I have from neighbors who are concerned about damage to their vehicles.
De Weerd: Now they know to slow down.
Cavener: Right.
Karnes: Yeah. Well --
Cavener: Lieutenant Caldwell will testify.
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Karnes: I think they also consider them a bit of an eyesore and I think that they
believe there are perhaps more attractive traffic calming methods.
Bonjiorno: Councilman Cavener, if I may, there is in the Ada county standards
what people can deem a traditional traffic bump, they have -- they are called traffic
pillows now that are traversable by fire engines, so the fire engines do not have to
slow down through them, but they are not as damaging to vehicles. So, there is
other things out there that are approved that the fire department would approve.
De Weerd: Traffic pillows.
Cavener: Madam Mayor?
De Weerd: Uh-huh.
Cavener: A couple of additional questions. Susan, you -- in your presentation you
talk a lot about this survey that you have conducted. I'm a -- somewhat of a survey
nerd. I didn't see that that survey has been provided to the clerk. Am I missing it
or --
Karnes: No. I -- I will be happy to provide a pdf of that survey.
Cavener: Thank you. That would be great. Any information on -- Madam Mayor,
if I may -- Susan, how many people -- how many households participated in that
survey?
Karnes: You know, I meant to count them up today. I apologize. I would say
probably close to one hundred, which is a -- I felt a very significant response rate.
Cavener: Thank you, ma'am.
De Weerd: And those houses were in what proximity to this?
Karnes: We sent out the survey to the coalition's database, which is several
hundred e-mail addresses. They are primarily in the -- well, at the time we did the
survey they were primarily in Black Rock, White Bark, Sky Mesa, Century Farm.
Some in Rock Hampton. And, then, along Lake Hazel.
De Weerd: Kind of in the two square mile area?
Karnes: Primarily, yeah. Substantially so. Yeah.
De Weerd: Okay.
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Karnes: Although we have e-mails from people as far as Shaffer View, but -- yeah.
And it seemed to be because we ask people to indicate which neighborhood they
lived in. Most of them were Sky Mesa, Black Rock, White Bark.
De Weerd: Any further questions?
Cavener: Not right now. Thank you.
De Weerd: Okay. Thank you very much.
Karnes: Thank you.
Coles: Sam Karnes also signed up against the project, wishing to testify.
De Weerd: Good evening. If you will, please, state your name and address for
the record.
S.Karnes: Sam Karnes. 5556 South Graphite Way.
De Weerd: Thank you.
S.Karnes: And I'm here -- I'm the slope guy. I'm the one guy that has been calling
the code enforcement and really appreciate the City of Meridian Police
Department. We moved in last July. We are in Black Rock. We are right above
the slope to south Southern Highlands or what I will call old Sky Mesa and the
weeds weren't mowed, so I figured there has to be something wrong here and I
found in the code and the code enforcement page that they are not supposed to
be over eight inches tall and called them and in two or three days I think Boise
Hunter had some -- they had a crew out to mow them. Let me stop there and just
describe the slope. It's hard to tell from all the pictures. But it's pretty darn steep
and I'd say at least 33 grade where we are and if -- if it's -- we are talking about
weeds. I don't know what was there originally, but now it's weeds. It's watered
two or three times a day, which is good I guess, but it's just weeds. And I don't
know where Mrs. McKay got the description of tiering and doing anything that the
owner wants, because there is nothing like that on the old Sky Mesa folks and as
my wife indicated let's fast forward to this year. We got a lot of rain in the spring,
it was real wet, the weeds are coming up like crazy. They are not mowed. Again,
I called code enforcement and was told -- you know, they contacted someone
down in Sky Mesa and was told they would be mowed. Coincidentally, we had an
HOA -- Black Rock HOA meeting and shortly thereafter the same management
company as Sky Mesa as we have, the guy there said, oh, the HOA is going to
take care of this. The Sky Mesa HOA guy. And so I said okay. So, a couple of
weeks later they are still not mowed. I called code enforcement or reported it
again. Code enforcement came out and that's when they had to go door to door,
threatening a misdemeanor for every one of the homeowners. The homeowners
are responsible. That's even going to be the case if there is an easement, folks.
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CC&Rs can change. If the homeowner association does not step up to the plate
and do it, which they didn't this year. I have the -- one of the neighbors below me
was out in the -- in the rain on a Monday evening trying to mow the thing and when
I talk about mowing, it's just not a simple job, you have to be -- you have to have a
heavy duty weed eater and be pretty darn athletic . He was out there doing it in the
rain, because he could not have any kind of criminal charge on his record to keep
his job and he was going out of town the next day, they were going to issue the
misdemeanors Wednesday. Anyway. So, it's a mess. Now, it needs to be owned
by the HOA and they need to take responsibility for it, like they have elsewhere in
town. Okay. Oh. Also, let me go to another point that is kind off the top of my
head. Even though we -- in our subdivision it -- this slope area is labeled on the
plat as nonbuildable, I was talking to my neighbor as he was mowing one time and
he said, oh, yeah, we plan on putting a deck here. Well, I don't believe that's
allowed and he said, oh, yeah, we own it, you know, we can -- we can do what we
want with it. Another issue you had was having it owned by the owners, whether
or not it's in an easement, is some of the neighbors have built fences all the way
up to our lots, which are -- I think are permitted and so, you know, whoever is doing
the mowing would have to get permission in each instance on whether they, you
know, unlock the gate and get into the person's backyard, just create a lot of
issues, which are really unnecessary and the bottom line , of course, if the
developer wants to do this is is they are including that area -- you know, sort of
enhance the size of the lot in their overall lot size to make it look better.
De Weerd: Mr. Karnes, you need to wrap up.
S.Karnes: Oh. Okay. Well, that's -- I think I covered it. Let's see. One more
point, maybe. Sorry I didn't have -- getting carried away. An emotional issue as
you can tell. I thought I had one more thing. Oh, yeah. Okay. I think I have
covered it all. Thanks very much for your time.
De Weerd: Thank you.
Coles: Melody Wheeler signed up against the project with no indication of
testimony. Douglas Wheeler the same. Against the project with no indication of
testimony. Bob and Debbie Brain signed up with no indication of testimony. Elyce
Poulson signed up against the project wishing to testify.
De Weerd: Thank you for joining us. If you will, please, state your name and
address for the record.
Poulson: Elice Poulson. 2435 East Lodge Trail Drive.
De Weerd: Thank you.
Poulson: Meridian, Idaho. So, I will keep it brief. A lot of what I wanted to mention
has already been addressed. We have lived in Meridian for nine years and we
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love Meridian and just built our house there. Also under the impression that it was
kind of going to be -- you know, all the advertising of Sky Mesa as large lots and
basements. So, that was kind of our impression also. And just a few issues that I
am really concerned is this -- the multi-use path, I would really like to see more of
that where we have the regional park is supposed to be coming south of us and
the YMCA east -- east of us, just so we are able to actually -- where there are multi-
million dollar investments that the city and communities are putting in, that we have
the connectivity to use them and have that healthy lifestyle of being outside, being
able to bike to the YMCA, being able to bike to the regional park, being able to
walk, be out with our kids and also I would love to see -- they are building
Albertsons just on the south side of Tuscany, along that Ten Mile Creek to have a
multi-use path like they do in Tuscany and in Green Valley and Tuscany Village --
along that whole Ten Mile Creek where we could -- the kids could ride their bikes
to Albertsons or families could without having to get in your car to drive over there.
So, that's one thing. Another concern I had is just with Century Farm going up like
crazy, our children are now scheduled to attend Hillsdale and Century Farm alone
will be able to fill at Hillsdale so fast what will become of us , because we -- we
keep just moving around to different elementary schools and the disruption for the
children and if there is even an elementary school planned for or if we are just
adding so much more houses to Sky Mesa, too. And, then, the other thing that I
would love to see is several of the square miles surrounding us have a city park ,
Tuscany. Thousand Springs, or Century Farm. What's involved in getting land
allocated for a city park for the people that are in our square mile and, then, lastly,
just as has been discussed the traffic with Eagle and Taconic with wanting the kids
to ride their bikes to school and being safe. I do worry about the roundabout. Just
about two weeks ago I was driving the roundabout here and there was a man
coming the wrong way in the roundabout and turning left using it as a left turn
towards me and so I get a little concerned about if there is -- the kids trying to cross
there, to bike to school or walk to school and, then, some people who don't really
understand roundabouts struggling with that, that that being a problem. Yeah. I
just hope that we can -- because we only get one chance to make it a really
beautiful place to live and so I would just love to see those community aspects
considered and that's all.
De Weerd: Thank you.
Cavener: Madam Mayor?
De Weerd: Yes.
Cavener: Thank you for your testimony. You -- you indicated that you had to
change elementary schools multiple times. How many times in the past nine
years?
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Poulson: We just moved in, but I know the Black Rock neighbors were at -- is it
Lake Hazel, is that where they have been? And so -- and now it's into Hillsdale,
but -- so, I don't know what would come next at the rate they are building. Yeah.
Coles: Charles Webb signed up against, wishing to testify.
De Weerd: Good evening.
Webb: Madam Mayor. I'm Charles Webb. 2299 East Lodge Trail Drive. I do live
below the slope and we love our slope. I just want to say it before I start. And I
don't think some things were true that there are beautiful landscapes on some of
the slopes. Come and look at them. All right. In the last 25 years I have lived all
over the United States. I was born here in Meridian, but I have had a chance to
live in many different cities. One of the cities I lived in was San Antonio in 2001. I
moved there. I moved into a beautiful home and it's a beautiful home just like a
Hunter builds, a beautiful house, and, then, ten years later I was actually
reassigned there to San Antonio and I moved into another home and it's 40
minutes away from my work, 40 more miles -- 40 more minutes away from my work
and I had to ask my wife why are we living 40 more minutes away from my work .
Well, it's a safer neighborhood and it's better schools. But I knew that original
place was very nice ten years before. Do we have down -- you said arrows; right?
So, what I want to talk about real quick is disposal neighborhood -- suburbs or
disposal neighborhoods. We have seen this over and over again in all the country
-- all throughout our country that there is disposable places. As you can see like -
- they talked about this in Philadelphia, what remains intact is where you have a
lot of good work, you have good schools, you have an ability to walk; right? And
so this is an opinion in the Washington Post. You can see that it's just evolving
and what they say in the suburbs that don't really succeed, they just don't draw
young families that have the economical support. So, I think one of the things
that's come forward in the last years is that building these nice tight houses
together makes more money for the city, it makes more money for everybody, we
are all happy, but in reality does a dying suburb make money for the city? No. It
costs a lot of money; right? So, what do we see and what do they say in this
editorial? What you should see or what they say a successful or an enduring
suburb or a community is a place where people want to walk around . You know,
an organic village where there is suburbs started to begin, public transport is
available, people want to be outside their cars. I like the little tangible things that
others can do in suburbs. Building porches. Front homes. Building houses that
are not far away from the sidewalk. Having sidewalks in the first place. And, then,
I guess the part about whether they grew up in really boring traffic for those suburb
or a suburb like you and I grew up in -- I have memories of being able to walk
around and see kids on my block and play outside, which is something I would like
for my kids. So, what makes a community livable? You can see what they say --
ask most people you will hear the same things, good schools, plenty of jobs, and
a nice environment. So, this is the proposal and I thought that Becky did a great
job. She sold me over there. I thought, wow, I think that's a great neighborhood
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after she did her presentation, but as you can see there is many things we are
concerned about. How dense it is. We are concerned about that the pool is
coming in later. All the things you heard tonight -- I'm not going to reiterate them.
I listed them there and my wife sent a letter to each of you about that . But what
it's saying is that we have known for some time that green space adds to your thing
-- adds to your wellbeing. This is what Black Rock kind of looks like from Google
Earth. We don't have any updated that shows our neighborhood, but this is what
is proposed and those two together look the same. Thank you very much.
De Weerd: Thank you.
Coles: Christine -- I apologize, Christine. I'm not sure the last name. Herwy.
Herwy.
Herwy: Christine Herwy. I live at 2373 East Taconic Drive.
De Weerd: Thank you.
Herwy: Thanks for the opportunity to speak. So, while they are getting that up,
what I -- what I'm going to attempt to do is show you what our neighborhood looks
like and show you what the green space looks like, because I think it's really hard
when you're looking at a plat to really understand what we are talking abo ut and
I'm guessing many of you maybe have never been up there and I want to give you
a flavor for what people are talking about, why they bought up there and when we
talk about openness and the feel of the neighborhood , I'd like to try and show you
that. So, I took some pictures this morning about how much space frontage houses
have up in Black Rock. I did take some pictures of the slopes on both sides. You
can see I took some pictures as well from -- in White Bark. Okay. So, this -- there
is .8 of a -- .8 of a mile drive in from Taconic -- excuse me -- from Eagle all the way
up Taconic and it looks like this all the way. It's been maintained by the Black Rock
homeowners for over ten years. We pay for that and there is a nice landscaping
on each side. So, that, you know, brings to the ambience of why people want to
live here. It's a really nice drive in. Sorry. It was really sunny this morning when
I was taking this, but you can see up in the top left corner this is -- these two houses
abut -- they are neighbors. You can see much space is between each house and
how much see through space -- corridor there is between each house. Same thing.
So, this is -- as you're measure coming up through Black Rock this is the house
on the corner. This is their neighbor down in the bottom. So, you can see that
there is a lot of space in between these houses . Again, this is a house up in the
upper right corner, this is still the same house and you can see they are neighbors.
This is looking through -- kind of between two houses and you can still see the
foothills. This is very common throughout our neighborhood . These are showing
the spaces between houses as well, you know, and I just wanted you to get an
idea of what we are talking about. We are talking about large spaces -- people
want large lots. They want to have neighbors, but they want to enjoy the green
space. You want to see the foothills and that's what we have up there. So, this is
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between two houses as well. So, this in my backyard. Okay. So, I'm standing
behind my fence and you will see there is two houses down from me, but it's still
very open and I can still see the foothills. I'm not on the rim. So, this is the -- this
is the rim on the east side and you're looking at three houses -- would be right
behind this house showing right here. Right here there would be three houses in
their backyard. I just -- it doesn't provide a very good trans -- transition. This is,
again, the same and I also wanted to point out -- I know my time is coming up, but
this slope right here is not very tall. So, this person right here with -- with the
triangle backyard -- I mean how high is the house behind them going to be? This
is the other side. This is Sky Mesa now. Where there is a one to one. So, Sky
Mesa -- the Boise Hunter Homes has set a precedent of a one to one. This is on
the other side. It's already there. And that's what we are asking for, something
comparable on the other side. This is also Sky Mesa and this is how much space
they have between their houses in the higher density lots. This down below -- this
is that roundabout everybody's been talking about. Or not the roundabout, but that
football shaped thing on Marsala, this is a picture of it. This is in White Bark and
this picture on top is in White Bark, too. So, just -- this is a different feel when you
look at these pictures than up above. There is not that open space. That's what I
would like to point out. Any questions for me?
De Weerd: No. Thank you for sharing that.
Herwy: Okay. Thank you.
Coles: Merllee Andrew signed up against. I'm not sure whether or not to testify.
De Weerd: Good evening.
Andrew: Merllee Andrew at 2417 East Taconic Drive and I wasn't planning on
speaking, so I apologize for my chicken writing here. I support all the neighbors
and their concerns, but I'm actually up here for my own selfish reasons. I need to
explain that that lot that Christie was talking about, the one with the three houses
below it, that would be me. We bought our lot in 2015 and we didn't buy it blindly,
we did our research, we knew that there was going to be growth , we knew that it
was going to be developed. We did our research and we found out that it was
zoned for an R-2, we were very happy with that. We, then, talked to a Sky Mesa
representative and asked them what their intentions were with that other side of
the land and we were told that they were going to match exactly what they did on
the other side. So, that they were going to match each lot. That's what we were
told and we were very happy with that result and chose to go ahead and buy the
lot and build. I don't think they had any reason to lie to me , because they weren't
-- they weren't developing or building with the Hunter Homes. I think that that was
their plan initially, but with all the growth and the big boom that they just wanted to
change everything and make more money. So, now -- when we bought the lot we
had a one-to-one ratio, that was what we thought we were getting and now I have
three rooftops below my home. My house has been recently valued at 1.2 million
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dollars and I just think that that's not an appropriate transition for three houses
below me and we haven't talked a lot about the height restrictions either and the -
- the picture that she showed there was -- it staggers, it steps up and my lot is the
lowest and, then, it goes higher and higher. With those three lots -- those three
houses blocks my million dollar view that I did pay for. So, we have heard from a
representative from Sky Mesa that was a paid and educated and she knows all the
right things to say and has the right measurements and -- and the stats, but I ask
you to listen to those who it affects the most. Hunter Homes will make their money.
People are going to come regardless, whether it's 200 homes or 300 homes, Sky
Mesa will be built, but I just ask you to listen to those who are affected the most
and the people who have the most to lose that have invested their time and their
money and their families. There's three houses right now for sale for the last three
months -- over the last month in our Black Rock neighborhood, because they have
-- they have lost what they have bought into and I think that's really sad that they
are losing what they have invested into. My very first time that I ever stood here a
couple of months ago Madam Mayor made the statement of let's do it right, we
only have one chance to make it right, and I just ask you to consider that same
statement. I have used that in my own life since then and it works great on
teenagers, too. Thank you.
De Weerd: Thank you.
Coles: Don Cantrell did not indicate for or against and does not wish to testify.
Michelle McCumber signed up against, not wishing to testify. Megan George
signed up against, not wishing to testify. Al Beulut signed up against, not wishing
to testify. And that concludes the sign-in sheet.
De Weerd: Thank you. This is a public hearing. is there anyone who wishes to
testify? Yes.
Litenman: Yolanda Litenman.
De Weerd: Thank you.
Litenman: 5662 South Graphite Way in Black Rock. We have been here before.
You heard a lot of the same things when we all want it to be rural, nice green, but
my main thing is to highlight -- because everybody's been talking about the traffic.
The traffic is horrible. It's frightening. And one thing that I did not hear tonight was
the amount of traffic caused by construction. There may be ten construction cars
per new house built. So, we have a few new houses going in in our neighborhood
in Black Rock, but the streets are very wide, so the congestion isn't too awfully
bad. It's bad, but it's not that bad. But if we choose to go out that connector road
through White Bark to Amity that we were talking about with the base -- the
basketball roundabout, the construction trucks park on that and you can't even get
through, let alone a fire truck. So, with the amount of homes that are going in at
the same time, in going through Sky Mesa and White Bark it's -- it's just
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construction trucks back to back. It -- I have had to back out or pull into someone's
driveway to go back out to Taconic, because I couldn't get through. So, there is
no way for an emergency vehicle to get through and it's -- you know, the existing
Sky Mesa is still under construction. There is still construction in White Bark and,
then, getting onto Eagle Road we have the Hill construction on that side. All of us
converging on that intersection on Eagle. It's -- it's just really frightening. I wish
all of you would come in and visit during 8:00 o'clock, 5:00 o'clock time frame, it --
we all share -- the middle part we share both directions. One little turn zone in the
middle of Eagle Road and there is big semi trucks, gravel trucks, cement trucks
using it also and I -- I just hope that you consider the impact of so many homes
going in, especially at the same time.
De Weerd: Thank you.
Litenman: Thank you. Any questions?
De Weerd: No. Okay. Any further testimony? Okay. Would the applicant like to
summarize and respond.
McKay: Thank you, Madam Mayor, Members of the Council. Becky McKay. I
guess transportation -- a lot of comments have been brought up about
transportation. Taconic is a collector. The traffic counts on Taconic were 922
vehicles per day. A local street can carry up to a thousand. ACHD staff indicated
in their meeting last week that it's a 13 percent of its capacity right now. Thirteen
percent. Now, we are going to go in and bring it up to an urban collector, which
includes a bike lane. So, we will be adding a bike lane. That's in your ordnance.
That's in ACHD's policy manual. As far as safe route to street -- safe -- safe routes
to school. Sorry. Getting late. The school district I believe this week will be
installing a HAWK signal at Taconic and Eagle Road, so that children can safely
go across there to get to the east side to go to the Hillsdale Elementary or over to
the Y, so -- and Hill Century Farm is updating their traffic study right now and they
are analyzing if it now meets the warrant to install the round about and that's why
ACHD is having us participate or either sign the cooperative agreement and ACHD
has plans, now that the Albertsons is going in, they are going to expand that
roundabout at Amity and, then, they are also going to widen Eagle Road and, then,
ACHD intends on widening Eagle Road from Amity to Lake Hazel. So, they are
thinking ahead of this growth in anticipation that you guys have the Y out there,
you have a regional park that will be south of Lake Hazel, you have an elementary,
there is significant growth going on. Hill Century Farm is all R-8. Their density is
significantly higher than ours and we have built a turn lane with Southern Highlands
at that Taconic intersection. We will also be building another turn lane at Marsala.
The basketball roundabout that they keep bringing up, that is for traffic calming
purposes, according to Ada county Highway District and that's why it was put in
there construction. Now, in the second phase that's under construction now, that
will give a second access in there. It also will have a basketball median. We only
have a certain amount of choices as far as traffic calming. Now, where the
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commission left it is they said with our first phase that we will work with the district
staff to come up with a traffic calming measure. My recommendation is that we
have traffic calming right there where our collector meets Taconic, where the pool
facility -- then having something that's pedestrian friendly. One of the things that -
- that I -- I like, whether maintenance at ACHD will allow us -- is where we have a
raised pedestrian walkway that the cars go over, but it, obviously, instills in the
drivers that this is a pedestrian crossing, it's pedestrian friendly, it's posted at 25
miles per hour. As far as Ten Mile Creek and the pathway, your pathway is
designated on the north side. It's on the north side in Hill Century Farm. Now, I
talk to John Anderson, their maintenance road is on the south side. I do have a
common lot right in the middle of that block , so that people could walk down that
maintenance road along there, but what John told -- or what Greg told me is --
Curtis -- is that he doesn't want pathways on both sides . The city has to choose
one side or the other. As far as the larger lots. Now, those lots at Sky Mesa are
20 feet above us. So, we are at a lower elevation. That's also a natural slope
that's there. Where Southern Highlands is that slope is higher, it's 25 feet maybe
plus, and that's fill material where they went in and they -- they filled in through
there and they -- they pulled that material down and built that slope. So, when we
have a natural stabilized material, it's a lot easier to deal with than when you have
what we call disturbed soils. Are entrance at Taconic. That's a right-in, right-out.
ACHD staff reviewed it, so did our Six Mile, they did an extensive study and
analyzed that. That right-in, right-out there is safe. That is for safety purposes for
two points of ingress and egress. We are also providing a driveway access to
property to the north of us. Scott Fulcher, who I worked with closely as far as that
-- making a vehicular connection and a sewer and a water connection to him , so
that he could remove his access off of Eagle Road. And the Comprehensive Plan,
what's before you complies with the Comprehensive Plan. We are well under --
the medium designation is three to eight dwelling units per acre. We are 2.83.
Even with the low density it allows up to three. We are below that. There has been
a lot of collaboration and effort that's put into your comp plan. I have been to more
meetings over the years in the past 27 years I have been doing this. As your comp
plan I have every version there ever was transitioned and there is a big public
process that goes in and over time things change, but one thing that we always
have to look at is what is economically feasible, what will provide a diversity of
housing that people can afford. Not everyone can afford a 1.2 million dollar house
in the City of Meridian and so we have to provide good, quality neighborhoods.
Sustainable neighborhoods are part of diversity and when we have neighborhoods
with single product and maybe that product is all low end and you don't have
walkability, you don't have amenities, things that are not applicable here, because
this project has all of those ingredients of a sustainable, walkable neighborhood.
This is very similar to Bridgetower. I had the same mixture in Bridgetower and the
density was just a little tiny bit lower, but it was based on the same -- the same
type of plan with collectors, open space, four different -- four different products.
Mr. Hunter has been a very good neighbor to the Black Rock neighborhood. He
has allowed them to utilize the swimming pool within Southern Highlands for a
nominal fee of a couple hundred dollars a year. He has, you know, extended his
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-- his hand out to them and wanted to make sure that they felt like a part of his
neighborhood and he wants nothing more to then maintain a high quality
development here. Lastly, before my time runs out, on the conditions, I want to
make sure that on 1.1E, as far as our primary amenity facility, that that be phase
three and not phase two and the reason being is phase one and two are all to the
north of Taconic. So, when we move south, then, the amenity will be built. We will
also have playground facilities and 1.6 acres of a linear open space in the north
portion. We also have an existing pool that will be available in Southern Highlands
to our residence in phase one and two. So, I ask the Council to allow me to build
that with phase three. Secondly, the staff has indicated that I do need Council to
provide me a waiver on my block length next to Ten Mile Creek. Now, what you
see before you in the landscape plan does not show that there is a 10,000 square
foot common lot that does break that block that does provide access to the Nampa-
Meridian gravel maintenance roadway. Also it is imperative that we utilize that
slope easement and you allow us to develop this with the larger lots and that the
CC&Rs mandate that they will be maintained by the HOA. As long as it's
maintained, it's in there, I mean we can even provide a plan for the staff to look at,
which I have done with some of my other projects where we have slopes . We do
not want a common lot there and the other thing I need to stress is staff indicated
that the Council has to allow us to have our gravity irrigation easements versus
putting them in a separate lot and I have some irrigation easements that are -- that
I want to maintain. There are -- some of them are 15 feet. I think one -- one on
the very far north is I think 20 and we believe that facility will be able to be
abandoned, but I'm showing the easement there to protect it now, because it's just
an overflow to the Beasley Lateral and when it's no longer an ag it you can probably
go away, but I don't want to put a separate lot there for no reason . So, I ask that
the Council consider that.
De Weerd: Becky, you need to summarize.
McKay: This is a good project that's before you. We have worked really, really
hard, we spent a lot of time with different neighbors, some we have satisfied.
Obviously some still have concerns. But I think this is a high quality project that
-- that will benefit the city and I ask that the Council approve that. Thank you.
De Weerd: Council, questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Becky, I recognize you had a lot that you had to respond to, but can you
pull back up your -- your site plan? I had -- there was a couple questions that come
up about pathways and I have noticed that you have adopted some pathways
through certain parts of -- of the proposal. That you have got that large common
lot area in the northern part of the development that doesn't -- it doesn't appear to
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have any pathways. I'm just curious if you could kind of show us the reasons
behind that, especially in that large common lot area. It just seems to me that
would be an ideal place to have a pathway.
McKay: Mayor de Weerd, Councilman Cavener, in -- on my preliminary plat I
believe I show a pathway that runs up through there. The landscape architect -- I
think he just missed that, but, yes, I -- I show a pathway that runs up through there.
I think he got confused, because when they were piping in gravity irrigation pipes,
so maybe he thought that was associated with the pipe. So, my pathways go --
we have some micropaths from the -- will this let me point?
Cavener: That would be great if you could.
McKay: There we go. Here we go. Okay. Now I'm rolling. Am I changing it?
Okay. So, we have this pathway that comes here between the patio homes and
that will lead right to that common area. Okay. Okay. I have another pathway
that drops down here. We will have five foot sidewalk all along Taconic. A ten foot
that goes all the way to the north boundary. The HAWK system signal will be
located there. Then this is a ten foot pathway that goes all along here. I have
pathways that drop in here. Pathways that drop out so they can go to the other
pool facility. I have a micropath that comes out of this cul -de-sac and, then, yes,
sir, I do have a pathway that goes all the way up to the north and then -- and, then,
that one lot I was talking about is located right there. That is a green space lot that
we could put a -- well, Craig Curtis didn't want me to put a pathway in it, because
he doesn't like to promote people walking along the gravel maintenance roads.
However, he recognizes the fact that people do. That's what he told me.
Cavener: Great. And Madam Mayor, an addition question. Becky, what's the
distance from that -- you said it's a right-in, right-out off of Eagle, so I'm just curious
the distance from that right-in, right-out to -- it looks like Radiant Avenue.
McKay: Two hundred and ten feet and that remains the same even when the dual
lane roundabout goes in. Doesn't -- that does not change. And -- thank you. Let's
see. Where is -- where is my roundabout? Oh. Where is the roundabout -- Sonya,
is this one yours or mine? Oh, that one is yours. Yeah. So, I can get of show --
thank you. So, here -- you can see the channeler -- there I am. Here is the
channeler right here. So, this channeler will come clear back. So, that will just be
a right-in, right-out like that. And, then, when they want to make a left hand they
will come here and, then, the same here. This will just be almost like a slip lane
where they come in and, then, their full access, they can -- if there is blockage here
or they feel unsafe there, I mean all I'm doing is creating two points of ingress and
egress, which is typical for the Fire Department and plus your maximum cul-de-
sac length is 450 and, then, I also have to have access up to this outparcel here.
This is Scott Fulcher.
Cavener: Okay.
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McKay: And I also coordinated with him on fencing.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Becky, what is your timeline for phasing? When are you expecting to finish
phase two and start phase three?
McKay: I believe we were talking about doing design work this winter and , then,
construction on phase one in 2018. Now, obviously, it's market dependent on how
sales go. Right now in that particular project we have one -- one phase under
construction and we are getting ready to go into the next phase. So, we are
building two this year. So, possibly phase one and two, if market conditions, you
know, are sustained at this level, then, he can potentially build two phases and,
then, the third phase would be in '19.
Milam: Madam Mayor? I have a question. The traffic study that was done --
McKay: Yes.
Milam: -- do you know when -- when that was done?
McKay: Yes. It was done -- they took the counts in October of '16, late October,
and, then, they completed the study I think in December of '16. It's a new study.
Milam: Yeah. I was more -- just wanted to make sure it wasn't during
Snowmageddon.
McKay: No. It was in October. The counts were October. So, during school, not
during snow. Yeah. The Arctic winter.
De Weerd: Any other questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Great presentation.
McKay: Thank you.
Borton: It really is. There is -- there is several truths that are apparent in reviewing
this application and one of which -- which was touched on by some of the
homeowners with regards to the quality of the product, but this applicant and
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Hunter Homes builds some of the best stuff around and we have seen really
successful developments done before, which should give everyone some comfort
that you have got a quality developer here. One of the questions, though, and
some of the other truths are with regards to the comp plan, it's old -- or it is old and
it's -- times have changed quite a bit and our south Meridian transportation plan is
eight years old now. A lot of things have changed and the traffic generated by this
it's just a grip of traffic, 2,700 cars a day. It's a ton. It just is. And so I don't think
there is any way anybody can try and gain comfort that this just wouldn't generate
a ton of traffic. it's just a matter of how can we address it best and one of the
questions with regards to that magnitude of traffic ties into what's probably phase
one. The lots up on Eagle Road, the patio lots --
McKay: Patio homes?
Borton: Patio homes.
McKay: Yes, sir.
Borton: And if I see this and understand it correct, the football media, so to speak,
that goes down Taconic to Sapphire or --
McKay: Yes.
Borton: That wouldn't go in until the -- until the roundabout goes in. So, in light of
even the initial traffic concerns on Radiant -- exiting Radiant, will I be able to make
that left or do you anticipate having some -- how do we gain comfort that somebody
can safely make a left out of one of the patio homes towards Eagle Road and not
get clipped by somebody turning in on Eagle Road?
McKay: Madam Mayor, Councilman Borton, we have to go in and expand Taconic.
Borton: Right.
McKay: Part of that expansion will be extending those medians if that phase were
built prior to the roundabout.
Borton: Okay.
McKay: So, it would be impossible for anyone to make a left out . But we don't
anticipate building the patio homes as -- those were kind of our latter --
Borton: Okay.
McKay: -- phases.
Borton: Okay.
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McKay: So, I kind of anticipate -- I mean no developer likes to make improvements
and throw them away.
Borton: Right.
McKay: So, my recommendation would be to hold off until the roundabout goes
in, the channelers are built --
Borton: Okay.
McKay: -- and, like I said, we will be financially participating in that. We will also
be donating the right of way. Also we will be relocating all gravity irrigation outside
of that envelope and that approach, according to ACHD staff, is not in the influence
area of the roundabout.
Borton: Okay. So, the safety concern doesn't exist --
McKay: No, sir.
Borton: -- early on. It's a traffic concern, but not the safety on the left, obviously.
McKay: Right.
Borton: Okay.
McKay: But capacity does exist for this project. Yes, will be generating, you know,
twenty -- twenty some hundred -- or 2,000 and some cars at build out, but you
have Hill Century Farm with 675 single family lots --
Borton: Uh-huh.
McKay: -- so they are going to be generating three times, four times what we are.
Borton: Madam Mayor, a couple more questions. And I guess a comment to that.
Sometimes that's a double-edged sword. When you hear an adjacent property
have R-8, for example, it begs the question that perhaps that's even greater
evidence to why this shouldn't be more dense. Right? If it's -- it kind of cuts both
ways. I can see how it's an argument to be consistent with adjacent property
owners and their density, but the flip side may be true that if it's R-8 across the
street, all the more reason to -- to minimize the density here.
McKay: Their lots are significantly smaller than ours and don't have the depth and
-- and the -- they are a different type development. I did drive through there to get
a feel for it and it's -- I think it's dissimilar to ours.
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Borton: Fair enough. Madam Mayor. One on the slope issue and the common
area versus the easement, one of the -- I think that's a complicated issue and one
of the issues that I have dealt with in a different capacity is that very issue and it
was a litigation matter and what -- what challenge can arise is when you provide -
- that private property -- the properties retained as private property and an HOA
has provided a maintenance easement for it, what has happened is the HOA and
whomever might be on the board, had taken it upon itself to maintain it in a manner
in which they saw fit, which included removal of trees and landscaping that the
private property owner put in and the HOA says, well, we have got the easement
to maintain it and we don't want tall trees or we don't want this and you were -- you
were stuck in a mess with now an HOA that is perhaps maintaining in too great a
fashion and there is discord between the private property owners and the HOA.
That challenge can only be remedied by going an alternative route , which is to --
to have that common area and have it owned and maintained and controlled in
every sense by the HOA. So, the property owner, for better or for worse,
understands and accepts the fact that that never was theirs, they don't have the
right to plant upon it, place rocks, for example, and things that the HOA -- the HOA
might remove. It seems like the common area is a viable option here. It might not
be the preferred one, but still viable in light of the size of the lots and the depth of
the lots. If they are 200 plus feet, that it still affords an adequate footprint to build
a really quality home adjacent to Black Rock. So, I just want to get your sense on
-- is the common area solution, even if not desired, it's still viable.
McKay: Madam Mayor, Councilman Borton, I guess my preference from a
planning perspective would be for the developer to come up with -- since we are
only taught -- there are only nine lots there. So, it's not like, you know, there is --
you know, there is a large number to come up with a plan that we submit when we
bring in that particular phase as far as improvement on that slope and those
improvements -- I mean they could be put in by the developer so it's consistent --
Borton: Uh-huh.
McKay: -- and it's obviously -- you know, in the CC&Rs there is a plan that's
attached to it. It could be put in by the builder. I mean, you know, consistent with
the plan.
Borton: Right.
McKay: Your ordinance does have some provisions for grading and hillside
situations. I have had multiple projects where we did submit a grading plan . You
know, there are plans for -- you know, you can have a landscape plan for that area
and you can have a revegetation plan, you can have a maintenance plan. I guess
I would leave -- you know, I would have to defer to Mr. Hunter, you know, how far
he would want to go. All I do know is that he doesn't like the common lot idea and
we have also seen situations where we did put a common lot that was required --
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Borton: Uh-huh.
McKay: -- and the homeowner association over the years decided, well, that only
benefits those nine people and we don't see any reason why the other 207 -- 69
people need to pay for that and so they quit taking care of it and it was a common
lot and so, then, nobody took care of it and we have had that happen, you know.
So, that's not a failsafe to make sure that that is properly maintained. I would rather
have a plan attached to it. Mr. Hunter nods his head, yes, that he would rather
submit a plan to the city, to the staff, showing how that's going to be developed
and, then, that's what's tied to it. The HOA would maintain it.
Borton: Madam Mayor. The last question was -- I think the pool came up. Not its
phasing, but the parking, but -- and maybe it's -- the staff report made reference to
the future CZC -- CZC process that would specify at that future point how many
actual parking stalls have to be placed there and the applicant's required to comply
with city requirements. So, it's not -- it's probably not going to be four spots; is that
correct? That's decided and specified at a future date?
Allen: Madam Mayor and Councilman Borton, I believe I had a condition of
approval in there that requested more -- do you recall, Becky?
McKay: I -- I believe so. It's in the discussion and we did agree to it at the Planning
and Zoning Commission, eight -- that we would have a minimum of eight. We will
kind of, obviously, evaluate it, you know. If we determine we need a little more
then --
Borton: I saw some conditions.
McKay: We have ample room to add parking. It's not like that -- you know, that's
2.68 acres I think.
De Weerd: Any other questions from Council?
Bird: I have none, Mayor.
De Weerd: So, Becky, I know the neighbors have raised several different issues
that you have touched on with the traffic calming, but no clear plan. The slope, but
no clear plan. The parking, but it's not noted on the map. I think there -- the first
gal that testified, Lisa, mentioned something that came up during the Ada County
Highway District meeting in terms of the projections for traffic exceed what was
planned and I know that over -- over the last decade that the city's really struggled
with -- you project out numbers of trips and when it exceeds that what happens.
You know, who -- who is going to -- to help mitigate that additional impact and is it
always the last one in that has to, because the person across the street exceeded
what their densities were. At some point something needs to budge and there
needs to be solutions and I haven't heard that solution today. The additional
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concerns are ACHD looks at things in to -- specific to that development and not
the cumulative impact of what all the traffic issues are around there and one of the
big gaping deficits is that five year plan for Ada County Highway District doesn't
give a lot of relief to south Meridian, yet we continue to put more traffic load on
those roads that have no plan for improvement . That's what I get hung up on is
this is lower density than across the street, but it's higher density than was
anticipated. It's lower density in a part of it, but higher density in others and this
Council in the past has really always looked at that transition on a one or 1.5
transition to what they are abutting against and to have three lots to one doesn't
seem equal. There is the question about the slope and I will tell you what, if I was
one of the those property owners that -- that got that and an HOA was maintaining
and dictating to me what I could do on the property I pay property tax on , I would
have an issue with that. So, I think that is an outstanding issue that needs some
kind of clarity. I don't vote, but I would hope that that's something that we have
clear expectations not only for the neighbors of this subdivision , but for the
potential buyers as they buy those lots to know what they can and cannot do when
they are paying taxes for it. I think that Hunter Homes -- Boise Hunter Homes,
sorry, is an outstanding developer and they do have great developments, but there
are a lot of issues that seem to still need answers.
McKay: Madam Mayor, I guess I'd like to address a couple of those. One as far
as the transportation is concerned. In the traffic study that Six Mile did, they took
into consideration Forenza Plaza, which is the Albertson's. They took into
consideration the Hill Century Farm, East Ridge, Sky Mesa, Southern Highlands
and White Bark and they do look at what is that background traffic and what is the
growth rate. Now, where you see the disconnect in the COMPASS is COMPASS
has a two percent growth rate. Has Meridian been growing at two percent? No.
So, that's -- as far as the statement that this property is developing and generating
more trips than was anticipated, that's not what this COMPASS report is saying.
What this COMPASS report is saying is that your area is growing faster than their
two percent. But as far as all that background traffic, all of that is taken into
consideration and ACHD said that their -- the burden is on Albertson's to -- to
convert that roundabout at Amity to a dual lane, they are going to widen out Eagle
Road to full build out. ACHD is working with Brighton, because Brighton is the
number one traffic generator as you go south of Amity and, then, we will be
contributing to that traffic also. So, they are going to do a full build out down to
Taconic and when they do the dual roundabout. So, it will be built out to its full
capacity. So, ACHD is being very proactive and in COMPASS -- it was mentioned,
well, there were 17 things that -- that this project doesn't meet as far as their
checklist. Well, we, basically, don't meet compact housing, a minimum of seven
dwelling units per acre, which promotes mass transit. So, that's a black mark. I'm
not in the downtown core, you know, that's a black mark. I don't have mixed use
development. That's a black mark. They didn't take into consideration the grocery
store is coming in. They didn't take into consideration there is a new school there.
I mean when you look at the checklist this is a disconnect and the ACHD
commissioners understood that and the Chairman Paul Wood said, well, if this is
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so off base why don't we -- I mean why don't we get with them and get a checklist
that makes more sense and does apply to the suburbs and doesn't rate a project
low just because it's in the suburban areas. Commissioner Hansen was the only
one that disagreed. But -- but I do feel that there is -- they are taking a pro -- ACHD
is taking a proactive approach and they want our traffic calming plan with our first
phase, not with the latter phase, not when it becomes a problem, with the first
phase. They are willing to look at alternatives, other than speed bumps they said
or chokers or some type of a median , which they don't like in White Bark to slow
the traffic. So, I think, you know, ACHD is stepping up to the plate and they are
going to be spending their own money to rebuild Eagle Road they told me and --
De Weerd: Glad to hear that.
McKay: Yes. So -- I mean I was -- I was really excited that we are not looking five
years, ten years down the road, we are looking, you know, within the next couple
of years to solve those problems. As far as the -- the lot and the easement, Chad
came up to me and he indicated, you know, if the Council is adamant that that be
a separate lot, they can live with that, but it really only needs to be 35 feet wide
and, then, it narrows -- that slope narrows down to 15 feet. So, I don't want to put
any more in there than I absolutely have to if it's not sloped. I think that staff had
50 feet, but in looking at it and we have evaluated it based on the actual ground
topo that it's 35 feet at its maximum, narrowing down to 15 feet. So, we will go
ahead and put the common lot in there, then, that will put that issue to rest and we
have -- we have worked our tails off to try to, you know, like I said, transition this
and you -- you will know that I always try to work with neighbors and I watch the
East Ridge hearing, watched the Council's comments to them, before -- before I
laid this out and so that's why I had 222 feet foot depth s, 150 foot depths. My
recommendation was 100 foot wide lots. So, you know, we are 0.42 -- we are
almost a half acre below an acre -- acre lots and they are elevated above us, so
it's not like our backyards are, you know, right together and now we are going to
have a 35 foot common lot separating us, so -- have I answered all the questions?
I think I'm running out.
De Weerd: You have answered them, but I -- I guess until you see what that all
means and it's on -- it's one thing to approve something that is not on the plat.
McKay: We show the easement on -- I provided an updated plat to Sonya last
week, which shows the 100 foot wide lots. It shows the easement which we will
make a common lot. So, I made all the changes that staff asked, with the exception
of instead of dropping two lots next to Black Rock, I dropped one, and that made
my lots 100 feet wide. If I drop two lots it makes my lots 120 feet. You're talking
20 feet. But she does have an updated and I did address all of staff's comments.
Do you want to -- Mr. Hunter says he will drop one more lot.
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De Weerd: Is that the easement in the topography? The topo? For the slope
area. The map that she -- the plat that she was referring to, that -- that separated
out the -- the slope into the -- an easement.
Allen: Yes, Madam Mayor, the revised plat does show that. It's right there.
McKay: That's it. See the dark area? That's it. That's the slope right there. And,
then, we will remove an additional lot here, so they will go from nine to eight.
Originally there were ten. All other staff changes have been made to the plat.
De Weerd: I think you have talked about each of the things that I have brought up
that I noticed from the testimony. I know that Mr. Cavener brought up the
pathways. You mentioned the bike lane. You would be putting in the crossing at
Taconic -- Taconic right prior to anything? Is that the -- the HAWK signal?
McKay: Yeah. Right -- right here. This is -- this is the pedestrian friendly -- the
HAWK signal is being put in by the school district right here.
De Weerd: And that is -- how does that relate to the roundabout?
McKay: How the HAWK system -- system will function with the roundabout? I
could not tell you if they have to go in and reconfigure it. I'm not sure. They will
have to have a HAWK signal to safely get across with the roundabout, but how --
if it's -- if it's a different setup than what they are putting in this week, I can't answer
that question.
Milam: Madam Mayor?
De Weerd: Yes, Mrs. Milam.
Milam: I see Justin out in the --
De Weerd: I know. I was just eyeballing him.
Milam: And we could ask Lieutenant Caldwell, because I know he's got some stuff
to say.
De Weerd: Hi, Justin.
Lucas: Madam Mayor, good evening. Members of the Council. For the record
my name is Justin Lucas. I represent the Ada County Highway District. Business
address 3775 Adam Street in Garden City, Idaho. Madam Mayor, your question
is specifically about the HAWK signal going in and how that will be -- deal with the
roundabout. So, the HAWK signal is going now -- that was one of the requirements
of the Hillsdale Elementary School. We have worked very closely with the City of
Meridian over the years to ensure that when the schools go in the requirements
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for those signals go in. We did that at South Ridge and we did that at Hillsdale
and we are trying to do that -- do a very good job of that. The specific question
about how that HAWK signal will work with the roundabout will be dealt with in the
design of that dual lane roundabout. As part of dual lane roundabouts there are
design options that include signalized pedestrian crossings and so that is
something that has been done in other places. It is something that can be done
and it is -- I can't say it's the ultimate solution at this location, but if, indeed, there
are children crossing there, it's very likely that through that design there will be a
consideration for some type of stop control crossing for the school.
De Weerd: Justin, why wouldn't they just put a traffic light instead of a roundabout?
I mean roundabouts are frightening, especially trying to cross the street by a
roundabout and having kids do it. It just -- it's frightening.
Lucas: Madam Mayor, Members of the Council, I -- I do appreciate those
concerns. All of the data tells us that they are safer. All of the traffic engineering
data tells us that they are safer. A standard signalized intersection when you have
T-bone crashes, which are the most dangerous kind, those are eliminated in
roundabouts. Now, the pedestrian crossing issues often have to take place -- not
-- people think of it happening in the roundabout. Oftentimes it has to take place
outside of that kind of immediate influence area, but there are very good options
available to do roundabouts near schools. One of our most successful recent
projects was a roundabout directly adjacent to the junior high school in Boise near
Catalpa and Hill. It's a roundabout adjacent to a middle school and it has been
very successful and one of the big concerns going into that was what about all of
these middle school kids, who are actually the higher walk rate than elementary
school kids, and it's been very successful. So, those concerns are real. It's
something that ACHD is constantly looking at, but all of the data and all of the --
all of the history on roundabouts is showing us that they are actually safer. Now,
there is certainly a learning curve for the driver and as we get more of them in Ada
county, we -- we -- we expect that people will become more used to those and that
the driver behavior will, you know, accommodate the roundabouts and so that's --
it may not be the response you want, but that's the -- that's the response and the
-- and the research that is -- that is supporting that.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I will be one that is -- is pro roundabout. I do -- I share some concerns
about the pedestrian piece, but I trust the traffic engineers on -- on their expertise
on that particular element. Justin, my question for you is about this 226 feet off of
Eagle to -- on Taconic to where the -- the patio homes are. Just curious if you
could show us just a little bit more about ACHD's perspective on that. Again, I'm
not a traffic engineer, but just what I see as an influx of vehicles that could stack
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up in that area and create a pretty potential traffic hazard both for motorists and
for pedestrians coming off of that -- that HAWK signal.
Lucas: Sure. Madam Mayor, Councilman Cavener, yeah, I think at that specific
location it's a question of scale. I don't know exactly how many lots are in that --
those little pods, but it's not that many and the -- the right turn -- 15 and 24. Okay.
The right turns -- because there is going be that median there restricting it to right
turn only, it -- the staff, as we looked at it -- as we analyzed it, as we looked at the
traffic study, staff felt it was a reasonable modification to our policy. So, about a
30 percent reduction from the actual policy and staff -- our commission at that level
granted the authority to the staff to make that call. So, it was described as a
variance. That's not necessarily the way you think of a variance, how -- how it was
actually approved. It's just a modification to policy based on the specific context
of the development and it was at a level that we found was reasonable .
Cavener: Okay.
De Weerd: Any other questions while we have Justin up here? Thank you.
Lucas: Thank you.
De Weerd: Becky, any additional comments? No? Council, further questions for
the applicant?
Bird: I have none.
De Weerd: Anything further from staff?
Borton: Oh, I do. Madam Mayor?
De Weerd: Yes.
Borton: I do have a question for the applicant with regards to the irrigation
easement comment that was made. Was there a specific condition of approval
that addressed that that you had suggested changes to or is there a specific
condition that needs to be added to account for your concern?
McKay: I believe it was in 1.1.2 and I -- yeah. So, I respectfully request to City
Council allow easements within the building lots for the pressure irrigation mainline
and gravity pipe and for the private irrigation facilities, because according to staff
your code indicates that any easement over ten feet shall be in a separate -- may
-- or should be in a separate lot and I have a 15 foot easement and, then, I have a
20 foot easement I believe on the north, but that ditch may be -- we may be able
to abandon that one. We are not sure. So, I want -- I want to keep those in
easements, not separate lots.
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Borton: Madam Mayor? Question now goes to staff. Any question or concern
with that explanation?
De Weerd: You want to --
Allen: Excuse me. Madam Mayor, Councilman Borton, not necessarily. It's up to
council's purview whether they approve it or not. Becky is correct, that is what our
code requires.
McKay: And, then, of course, the waiver of the block length next to Ten Mile Creek
and the phase three for our full facility. I think that covers it.
Borton: Madam Mayor? Is that the start of phase three? How does that get the
--
McKay: It would be constructed with phase three.
Borton: At some point during the -- that phase.
McKay: As soon as we move to the south side. Yeah. That first phase on the
south. The first phase on the south side.
De Weerd: So, how many homes is that before that -- that's triggered?
McKay: Wow, that's a really good question at 10:00 o'clock at night. I don't know
-- I'm not sure how many we have to the north . Chad, do you?
De Weerd: Because that's just -- the larger part of your open space.
McKay: The larger -- the largest number of lots are south of Taconic, so I think --
I don't know. I didn't count them. I couldn't guess. I would have to go back and
count them very quickly if you take a break.
De Weerd: Council, I would love to take a five minute break, so -- no, not in 12
hours. We will reconvene at 10:25.
(Recess: 10:16 p.m. to 10:27 p.m.)
De Weerd: Okay. I'm going to go ahead and start this meeting again. Okay. Hi,
Becky.
McKay: Hi.
De Weerd: Sorry.
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McKay: No problem. I have a count for you. There are 104 lots, excluding the
patio homes to the north. So, Mr. Hunter says when we hit that one hundred lots,
then, he will build the second full facility there on the south side.
De Weerd: Well, I appreciate that, giving a resolute so it's not sometime, at the
beginning, at the end -- that's appreciated. Council, any further questions for -- for
Becky?
Bird: I have none.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just a question, Becky -- I recognized the conversation has shifted a lot
tonight, but you assured earlier that Mr. Hunter had opted to remove another home
off that series of homes that faces the -- the Black Rock Subdivision. Are you able
to kind of -- do you have a -- I don't know if you have a design to show us what that
layout would look like. I don't know if that's something that you had anticipated or
had had a proposal ready, like you have with some of the other things. I just -- I'm
trying to get a sense as to, you know -- I recognize that you say it cuts about 20
feet off each lot, but as for me my biggest concern, as someone who had three
backyard neighbors, I don't -- didn't care for that and I wouldn't want to subject any
of our other citizens to that if possible. If you are able to showcase that for us that
would be really, really helpful.
McKay: Madam Mayor, Councilman Cavener, what -- yeah. What we would do
would be to remove -- I miss my little pointer. Remove this lot here and, then, try
to widen these out, so that we minimize the number of lots that back up. Obviously,
like -- this is the hardest lot, because this is a side lot line, so, you know, this -- this
is running 200 and some feet and like I told you , this depth here is 222 feet. So,
we will try to add it -- they may be -- you know, we may be able to just shuffle them
so that we get two lots here and, then, reduce the number that back up. This --
this lot only has -- not even a half of a lot and, then, here this -- this particular lot
just has one and this particular lot has -- well, he will be oriented this way. So, it's
-- it's just spreading that width out and I will try to fan those rears out a little bit, so
that that that helps. It's -- it's pretty easy and I can send something to the staff to
have staff evaluate it and approve it. That that -- assuring, you know, that the
Council -- that that's -- you know, that makes sense. That's the best.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
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Milam: Becky, when you do that and you get to the point where you're drawing
those out and you -- if it doesn't work are you willing to eliminate another lot?
Because that's pretty critical to me. I think three is just not acceptable period.
McKay: Okay.
Milam: So, if you can't make those two max on any one --
McKay: Two max? Okay.
Milam: -- lot then my suggestion would be to remove another on and I know that -
- that hurts, but it hurts them more than it hurts you.
McKay: Madam Mayor, Council Woman Milam, I believe that we can meet no
more than two. Yes, ma'am.
Milam: Thank you.
McKay: So, if that -- if you put that in the -- in the conditions we can abide by that
thing.
Milam: Thank you.
De Weerd: Anything further from Council? Okay. Tha nk you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Council, do you need any more public testimony? If not I would make a
motion that we closed the public hearing for H-2017-0068.
Milam: Second.
De Weerd: I have a motion and a second to close the public hearing.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: For discussion, I -- you beat me to the punch, Mr. Bird. I was going to
suggest leaving the public hearing open and a lot has taken place today, there has
been a lot of good input from the public and a lot of good remarks from -- from the
applicant and a lot of changes that have been made and the -- one of the more
significant ones is the -- the transition of these lots. I have a list that we have kind
of gone through, but I would prefer to leave it open, have the applicant bring back
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a revised plat that depicts some of the things that were addressed . There has
been a lot of compromise made to the applicant's credit that I think might be able
to be displayed and presented. I don't want to continue this for the sake of it, but
if it's a matter of a week to make sure we are all on the same page, I would just as
soon do that and if -- and if there is anything that triggers some new input that's
needed, leaving it open might allow us to receive that.
Bird: Madam Mayor, I have no problem if they want -- I can pull my motion to close
it, but are we going to come back and sit and listen for three hours to the same
testimony? We --
De Weerd: You're retired, you have nothing but time.
Bird: But I'm old, too. I sat through the 2:00 and 3:00 o'clock in the morning
meetings. I have no problem leaving it open if we -- if we don't have to hear the
same testimony like we do 90 percent of the time you get the same testimony up
there. So, I have no problem continuing it -- public testimony one week, but -- and
that's to get a new revised plat that we can physically see and I felt that the
applicant has -- has answered the questions. I mean we are going off a lot of stuff,
we are going off the COMPASS stuff, which is false, as normal. So, I -- I will pull
my motion and make a motion to continue it. But I want it on conditions. I don't
want to sit here for three hours again.
Cavener: Madam Mayor?
De Weerd: We are going to miss you, Mr. Bird. Mr. Cavener.
Cavener: I, for one, am -- am supportive of -- of continuing this for a week to bring
back a clean plat. Contrary to Mr. Bird, I'm -- I'm satisfied if we have to have
another three hours of testimony if the testimony warrants that. I don't think the
public would want to go through -- this exercise again, but what we have found is
that the applicant has been very open to working with the neighbors and answering
some of their concerns. Likewise, we have a neighborhood group that has been
very organized and active on this issue and to give them the opportunity to provide
some comments on the changes to me would be beneficial as well.
De Weerd: So, I think it would be helpful to at least summarize the -- the things
that you would like to see the applicant come back with in -- in the plat, with the --
the change of the lots, with the de-notion -- or as shown with the -- the easement
on the slope. I know Becky mentioned the -- the parking things and that's not her
design, but as Councilman Borton mentioned, that is important maybe the -- the
suggestion so you can visualize what that traffic calming would be , where your
major collector meets Taconic. I would be really interested and I know that the
traffic circle doesn't -- isn't being designed or built by ACHD until 2020, I believe
someone mentioned. Or at some point. What that makes that main entry look like.
Can you do that? It would be nice to see how it kind of works with the -- the
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August 15, 2017
Page 86 of 100
entrance into the -- the townhome areas and if ACHD will give you some idea of
what that traffic -- that HAWK light signal will look like and where it goes. Is there
anything I have missed in the discussion?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I'd also like to see how the -- the slope is incorporated in with the -- with
the landscape plan. The common lot. Yes.
De Weerd: Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I think you might have touched on it, the median that -- that is on Taconic
that impacts the patio homes that comes off the future roundabout. This is just to
note they might not be depicted in the -- in the revised plat, but there was a
reference -- because it came up in discussion -- the bike lanes that are included.
Obviously, the removal of the two lots, the -- that that limit no more than two lots
adjacent to the Black Rock as Council Woman Milam has referenced. The
condition that the pool starting on lot -- I don't know if it was lot one hundred or lot
105. Basically, the start of phrase three. Just for the applicant's review of some
of the conditions. The block length exceptions on Block 5 in the southern block
length, those exceptions I don't have any -- I didn't have any concerns with granting
that request, nor the request a change in the easement language and 1.1.2 and
appear to be appropriate, unless staff comments, and I think somebody had
mentioned the traffic calming to see what those specific solutions might be, I think
that would be helpful as well.
De Weerd: You need a look into pillows. Sounds a soft solution. Anything further?
If not, I would entertain a motion to continue.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I would move that we continue Item E, H-2017-0068 to August 22nd, for
the applicant to address concerns and comments that were just made by the Mayor
and Council and provide an updated plat that depicts all of those changes.
Cavener: Second.
De Weerd: I have a motion and a second. Any discussion?
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August 15, 2017
Page 87 of 100
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just one comment. And that's just, I guess, some feedback for Council
over the next week and it's -- it's an area that we haven't discussed tonight and I
guess I wouldn't expect a response from the applicant, but it's a concern that I still
have and that is the loss of -- of R-2 zoning in Meridian and we talk a lot about
diversity of housing. R-2 contributes to that. There is some significant steps up
and I guess I still just have some concerns about that loss to the area . If we truly
are committed to diverse housing, it's not just R-4 and it's not just R-8 in my
opinion.
De Weerd: Okay. The motion is to continue to next week. All those in favor say
aye. Any opposed?
Cavener: Nay.
De Weerd: Nay. Okay. Motion carried.
MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT.
F. Public Hearing for Kingsbridge North Subdivision (H-
2017-0065) by Jarron Langston Located 3475 E. Falcon
Drive
1. Request: Annexation and Zoning of 5.07 Acres of
Land with an R-4 (Medium Low-Density Residential)
Zoning District;
2. Request: Preliminary Plat Approval Consisting of Ten
(10) Residential Building Lots and Two (2) Common
Area Lots on 5.05 Acres of Land in a Proposed R-4
Zoning District
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: The next item on the agenda H-2017-0065 is a matter I have not been
involved in and will continue that and recuse myself from hearing this application.
De Weerd: Item 9-F is a public hearing for H-2017-0065. I will open this public
hearing with staff comments.
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August 15, 2017
Page 88 of 100
Allen: Thank you, Madam Mayor, Council. The next application is a request for
annexation and zoning and a preliminary plat. This site consists of 5.06 acres of
land. It's zoned RUT in Ada county and located at 3475 East Falcon Drive. Back
in 1974 this property was platted as Lot 7 in Golden Eagle Estates Subdivision and
a record survey was recorded a couple of years ago that slightly reconfigured this
property. The Comprehensive Plan future land use map designation is low density
residential, which, again, is below three acres -- three or fewer -- excuse me --
units per acre. The applicant is requesting annexation and zoning of 5.06 acres of
land with an R-4 zoning district, consistent with the low density residential future
land use map designation. A preliminary plat is also proposed as shown,
consisting of ten single family residential building lots and two common lots. The
minimum property size is 16,409 square feet, with an average lot size of 18,731
square feet. A gross density of 1.9 units per acre is proposed consistent with the
low density residential designation of three or fewer units per acre. The subdivision
is proposed to develop in one phase. There is an existing home on this site, as
you can see right here at the end of the Falcon Drive cul-de-sac. It is proposed to
remain on a lot in this subdivision. Access for the development is proposed via an
existing stub street, South Lyford Avenue, at the south boundary. Access for the
existing home will remain via Falcon Drive. A 20 foot wide common lot with a ten
foot wide emergency access only driveway is proposed via Falcon Drive to South
Lyford Avenue and that is right across here. Because all lots exceed 16,000
square, a minimum five percent qualified open space is required to be provided
within the development, rather than the ten percent typically required. Open space
consists of the areas where pathways are proposed to the east and west sides of
the development and parkways along internal streets. Two micropaths are also
proposed as amenities. The McDonald Lateral runs along the east and north
boundaries of the site, within an easement ranging from 15 to 30 feet in width as
depicted on the plate. You can see this dotted line right here shows the easement.
The lateral is proposed to be relocated and piped along the rear of Lots 12, 13 and
15. The UDC requires irrigation easements wider than ten feet to be included in a
common lot that is a minimum of 20 feet wide and outside of a fenced area unless
modified by Council at a public hearing. The applicant is requesting Council
approval for the easement to be located within adjacent building lots as depicted
on the plat. Staff supports the request, because requiring an easement within a
common lot would create an open space corridor behind building lo ts that is unable
to be seen from the internal street. Conceptual renderings have been submitted
for this development as shown that represent what future homes will look like within
the development. The Commission did recommend approval of the proposed
applications. Todd Lakey, Borton Lakey Law, testified in favor of the applications.
No one testified in opposition. Written testimony was received from Jarron
Langston, the applicant's representative, and there are -- there were no issues of
discussion at the hearing or no issues discussed by Commission. The
Commission did make a change to the staff recommendation at the request of staff.
A modification to conditions 1.1.2K, 1.1.3H, and 4.4 to change the width
requirement for the emergency access driveway on Lot 9 from 20 feet to a
minimum of 12 feet, with a minimum five foot wide landscape strip on each side,
Meridian City Council
August 15, 2017
Page 89 of 100
for a total of 22 feet minimum and modification in condition number 4.5 to require
bollards instead of a gate across the emergency access driveway to facilitate
pedestrian access. These were both approved by Fire Department. Outstanding
issue for Council is the applicant is requesting Council approval, as I previously
mentioned, for the 15 to 30 foot wide easement for the McDonald Lateral to be
located within adjacent building lots along the north and east boundaries of the
site, rather than in a common lot as required by the UDC. Staff will stand for any
questions.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: Okay. Would the applicant like to make comment? Good evening.
Thank you for hanging out with us this evening. If you will, please, state your name
and address for the record.
Lakey: Thank you, Madam Mayor, Council Members. Appreciate the opportunity
and it's always a pleasure to hang out with you. My name is Todd Lakey. Address
is 141 East Carlton, Meridian, Idaho. 83642. And, Madam Mayor and Council
Members, it's my hope that we continue to occupy the least controversial portion
of your public hearing agenda tonight . We would like to thank staff. Sonya did a
great job in analyzing this application and putting together a staff report. I just want
to emphasize a couple of high points and I will be brief. I think our lack of opposition
comes to a large degree from the property owner's approach with the neighbors
and with staff in working together to -- to reach a collaborative project that fits the
character of the area. It's a pretty full, straight forward, smaller application for a
residential project. Ten lots on just over five acres. These will be high quality
homes and it meets the demand that you were just talking about previously. We
are really developing more of an R-2 zone, even though we are asking for R-4,
because we are surrounded primarily by R-4 on three sides, but our plat comes
forward with -- with lots that range from just over a third to just over a half acre in
size. So, that's comparable. It's low density. Our gross density under the
Comprehensive Plan is there dwelling units per acre and, as Sonya mentioned, we
are about 1.9 and that's compatible. It don't change the essential character of the
area or be injurious to other property in the vicinity. We will met the open space
requirements through our common areas, the pathways that we are proposing, and
also provide the pedestrian connectivity, the opportunity with those pathways,
which meets our amenity requirements. Staff went over those modifications that
we are requesting. Obviously, we are supportive of that. Again, that's a
collaborative result of our work with staff in -- in those two requests, specifically
piping the McDonald Lateral and putting it within an easement along the back of
those three lots and, then, providing that additional emergency access and
connectivity to the other subdivision through the 12 foot paved surface with five
feet of landscape on each side, for a total of 22 feet and staff addressed those
specific conditions that are being modified that was supported by both s taff and
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August 15, 2017
Page 90 of 100
the Planning and Zoning Commission. We also agree with the condition to enter
into a development agreement on this request for annexation and preliminary plat.
Acknowledge that that needs to be executed before we submit our final plat and,
then, just a couple of comments on the preliminary plat . We will include the existing
home. It meets the setback requirements. That will be one of the lots in the
subdivision. As far as the pressurized irrigation system, we will either use our own
association of water users or we may enter into an agreement with Kingsbridge.
We haven't decided. There is pluses and minuses either way there and, then, we
will also meet the city's landscape requirements. We are taking some trees out.
We will coordinate with Elroy Huff, the city's arborist, to make sure we do the
appropriate mitigation there. With that, Mayor and Council Members, this request
for annexation and rezoning conforms with the goals, objectives, and policies of
your Comprehensive Plan and also the requirements of both the zoning ordinance
and the subdivision ordinance and we would ask for your approval. Be happy to
answer any questions if you have any.
De Weerd: Thank you, Todd. Council, any questions?
Bird: I have none.
De Weerd: Thank you.
Lakey: Okay. Thank you, Madam Mayor.
Coles: Madam Mayor, for the sign-in sheets -- public hearing sign-in sheets we
have Jerrod Langston, signed up in favor, not wishing to testify. Jack Hammond
signing up in favor, not wishing to testify. And Kathy Hodges signing up in favor,
not wishing to testify. And that is all that signed up.
De Weerd: Thank you. I think you will hit your goal, Mr. Lakey, and maybe being
the shortest and most popular application of the evening. Yes, please. If you will,
please, state your name and address for the record.
Bastian: I'm Brent Bastian. 3892 South Stockingham Place in Kingsbridge
Subdivision.
De Weerd: Thank you.
Bastian: Just one comment. We support the subdivision. I think it's great. The
only problem that I have is that they want to keep the name as Kingsbridge and
-- and they did talk about maybe joining the association and the consensus that I
have seen is that they don't want -- our subdivision -- our association does not
want to be part of that or have them put be part of it . So, I just wanted to throw
that out to you, that -- that we would like to have it be called something different, if
-- as so much of an opposition that -- that anyone that would be building there or
buying there would think it would be part of Kingsbridge when it is not and that's
Meridian City Council
August 15, 2017
Page 91 of 100
the only thing that I'd like to mention . But I think it's going to be wonderful homes
that -- it's a good -- a good development. It's just -- it has not been talked about as
far as the -- our association having the -- having them be a part of it. So, that's all.
Thank you.
De Weerd: I thought you might have testified that the lots were too big.
Bastian: No. It's great. After putting up with the other and I -- we are doing good
and they have got a good subdivision.
De Weerd: Well, I think because I -- I would understand why they wouldn't join the
association, just because they have very little common area that they really need
to maintain and because I'm in one of those in the middle of a large subdivision ,
we are 13 homes. Lucky 13. But, you know, we have no common area and so we
chose not to join the HOA either, but we are part of that subdivision. It's kind of
strange, but I would think that you would love to have these large lots associated
with your subdivision.
Bastian: Well, there are other issues with -- you know, with the HOA, with different
pump stations, different pumping and all those kinds of things that could be trouble
or a problem, so just some thoughts that way.
De Weerd: Very good. Well, we appreciate your comments.
Bastian: You bet.
De Weerd: Mr. Lakey, maybe you can comment to that.
Lakey: Madam Mayor and Council, again, Todd Lakey, 141 East Carlton,
Meridian, Idaho. Just briefly, the initial request for the name was -- I think
Kingsbridge North was approved by the county, just from a -- strictly I guess legal
standpoint. But in talking with my clients, my understanding they are planning on
changing in the name of the subdivision to Castlebridge Subdivision, just I guess
to remove that confusion or concern. And, then, again, we are open to participating
with the other homeowners association. They are in discussions with them. It may
happen, it may not. If we were to pursue annexation, that's their decision, they
don't have to let our project participate in their association if they -- if they choose
not to. And, as I said, we are open to either way. If we were to participate with
them there might be some conditions and we would be willing to perhaps upgrade
some of the infrastructure to accommodate our project if that's what was ultimately
decided. So, with that, Madam Mayor, I would be happy to answer any other
questions that you have.
De Weerd: Any questions?
Bird: I have none. Thank you, Todd.
Meridian City Council
August 15, 2017
Page 92 of 100
De Weerd: Okay.
Lakey: Thank you.
De Weerd: Thank you. See, it was worth sticking around. Okay. Council, any
further information needed from the applicant or staff?
Bird: Madam Mayor?
Milam: Anybody else here?
De Weerd: Is there any further public testimony? Okay. Mr. Bird.
Bird: Madam Mayor, seeing how there is none, I move we close the public hearing
on H-2017-0065.
Milam: Second.
De Weerd: I have a motion and a second to close the public testimony. All those
in favor say aye. All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve H-2017-0065 and include all staff, applicant, and public
testimony.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 9 -F. If there is no
discussion, Mr. Clerk.
Roll call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, absent.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
De Weerd: Just a quick question for Mr. Nary or -- or Sonya. When they change
the name of a subdivision from what it's posted on the application, it's always hard
Meridian City Council
August 15, 2017
Page 93 of 100
to find going back. Is there any chance that this can -- if they change the name
that can be part of the record?
Nary: Madam Mayor, Members of the Council, I mean I guess I don't know how
far they are in the process of doing that. I agree we have that happen on occasion
and there really isn't any way we can prevent that, but if they do believe that that
is something that's coming, we can certainly add it to the development agreement,
at least an acknowledgement that it may change, so that there is some way to
search for it that way. But I can discuss it with Mr. Lakey and see if there is some
way to make that clear.
De Weerd: That would be great. Okay. Yeah. I know. We have been in search
of certain things and -- and they have been remained without -- thank you.
G. Public Hearing for Preece Business Condominiums (H-
2017-0099) by Cameron Preece Located 3061 S. Meridian
Road
1. Request: Short Plat Approval to Condominiumize an
Existing Structure into Two (2) Units in an L-O Zoning
District
De Weerd: Okay. Item 9-G is a public hearing for H-2017-0099. We will open this
public hearing with staff comments.
Allen: Madam Mayor, Council, the next application is a request for a short plat.
The project name on this, in regard to what you were just talking about, is Priest
Business Condominiums. However, they have applied for a new subdivision name
and the Ada county surveyor has approved Health Services Business
Condominiums on this one. So, we will be cross-referencing that. The site that
this building is located on consists of .54 of an acre of land. It zoned L-O, located
at 3061 South Meridian Road, down just north of Victory and Strata Bellissima
Subdivision. The Comprehensive Plan future land use designation is office and
the proposed short plat depicts a subdivision of air space in an existing building to
create two separate units for ownership purposes. Pretty short and sweet. There
has been no written testimony and staff is recom mending approval. Staff will stand
for questions.
De Weerd: Council, any questions? Any remarks from the applicant? Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing how we don't have any public testimony, I move that we close the
public hearing on H-2017-0099.
Meridian City Council
August 15, 2017
Page 94 of 100
Milam: Second.
De Weerd: Was there any public testimony before we close it? I have a motion
and a second to close the public hearing on Item 9-G. All those in favor say aye.
All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the application H-2017-0099 and to include -- or staff
comment.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 9 -G. If there is no
discussion, Mr. Clerk, will you call roll.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
H. Public Hearing for Intermountain Gas Map Amendment
(H-2017-0089) by City of Meridian Planning Division
1. Request: Comprehensive Plan Map Amendment to
Change the Future Land Use Map Designation from
Low Density Residential (LDR) to Industrial (IND) on
Approximately Sixty (60) Acres of Land for the
Purpose of Updating the Map to Reflect the
Intermountain Gas LNG Storage Plant
De Weerd: Thank you for sticking to the very end. Item 9-H is a public hearing H-
2017-0089. I will open the public hearing with staff comments.
Hood: Thank you, Madam Mayor, Members of the Council. The Planning Division
has submitted an application for a Comprehensive Plan map amendment to
change the future land use map from low density residential to industrial for
approximately 60 acres of land for the purpose of updating the map to reflect the
Intermountain Gas liquified natural gas storage facility. So, this is what we are
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August 15, 2017
Page 95 of 100
talking about. You may not have noticed it and if you -- driving down Can-Ada, but
if you look over on your right or to the east, this facility sits back off of the roadway.
So, this picture is, basically, looking back towards the east. So, again, the bottom
of this -- the screen would essentially be Can-Ada or the county line. Give you a
little bit more details on what actually goes in there , but the scale. It's a little bit
misleading, so we put a couple of callouts in there just to kind of get an idea. This
is a seven million gallon liquified natural gas facility. So, it's not a small tank. It
kind of looks like it, but there is nothing else around there, so just a couple of things
to put it in context. So, again, there is this liquified natural facility on -- near the
intersection of Can-Ada and McMillan. It's on the -- near the southeast corner. I
have got another map that I will show you here in just a second with the exact
location. I won't read the bullets on the slide, but we did add this to our area of city
impact back in 2008. I will be honest, I don't know if we even knew this was out
there in 2008. We put a low density residential designation over it . But, again, in
hindsight that's probably not a good idea. So, we have known this for some time,
we have had the Fields or the Growing Together effort going on for some time and
we thought, oh, we will clean that up as we go through that process. Well, that
process is taking a little longer than anticipated and so we are like -- we got to
clean this up now, because I don't know where that's going to go. So, that's,
essentially, why we are here. Again, that Growing Together effort is -- is bigger
and taking longer and this is something we just need to disclose and get on our
maps sooner, rather than later. So, we had a public involvement meeting in person
earlier this year, which was attended by more than 30 people . Brian McClure --
and with my influence to some degree -- developed multiple concepts and we
shared them with those people that were there. There was overwhelming support
at that initial meeting for reducing the scope down. So, we had developed some
concepts that basically addressed this on a larger scale. Basically, a quarter to a
half mile in all directions. This was just about the time that the Meridian Press had
a story that went out about ag preservation in Meridian and so a lot of the property
owners had heard about that and -- and not to get too far into how that meeting
went, but we were off topic a little bit on what we were talking about and everyone
said, okay, let's -- let's at least -- can we buy in with at least changing the
Intermountain Gas facility, because it's not appropriate to designate it low density
residential. Again, most people agreed that, yeah, there is not going to be homes
-- there shouldn't be homes on that property. So, that's kind of the consensus that
we came to, if you will, but we realize there is more work to be done, even having
some low density north and south of this may or may not be appropriate , but we
have got to go through a more rigorous public involvement process to kind of
determine land use. So, not just in the general vicinity, a thousand feet of this
facility, but, again, this is four square miles. So, we also explored a mixed use
nonresidential land use, which is the same land use that we -- around the city's
wastewater treatment plant. So, again, it allows more flexibility in land use. It just
basically says you can't -- people living here is not a good idea. But, again, at the
end of the day industrial seemed to be the best choice. It really makes it stick out
and that was one of the purposes that we had is -- there is a lot of speculation
going on out here. We have got people that are buying up lands to develop it and
Meridian City Council
August 15, 2017
Page 96 of 100
we want to at least put them on notice, just like in 2008 when we didn't know it was
there, hey, what's this thing? Why is there a piece of industrial out there. At least
have to ask a question why is there one gray thing hanging out there and, then,
we can help answer that question, so -- but we didn't get a lot of response -- again,
a positive response on some of the bigger changes in this area and so we are
proposing to move forward with a minimal change to the Intermountain Gas
property only at this time. Staff realizes that this isn't ideal and does not really
adequately address quality of life, life safety impacts, concerns long term, but,
again, it does raise the awareness of the property and potential hazards now
ahead of further land investments and sets the stage for additional future land map
revisions in this area in the future. So, with that, Madam Mayor, I will stand for any
questions you may have.
De Weerd: So, I have seen FLUM twice now and have never really heard this
referred to as FLUM before. So, I'm feeling enlightened today.
Hood: Some prefer FLUM.
De Weerd: FLUM.
Milam: I have always heard FLUM.
De Weerd: FLUM. FLUM.
Milam: FLUM sounds better.
De Weerd: FLUM does sound better. I think we need to -- any questions for staff?
Bird: I have none.
Milam: No. Sounds good.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Just a comment. I have driven past the thing a dozen times and I mean
it looks big when you're there, but all it's surrounded by is farmland so, it doesn't
-- it's hard to really grasp the actual size of it and I really came to realization how
big this thing is. I was flying from New Plymouth back this way and I was on the
-- beyond the north side of Squaw Butte and this was the point of reference I used
to get back to the valley was seeing this thing from a long , long ways away. It
sticks out as much as the sugar beet factory from that far away even. So, this is a
good idea.
Meridian City Council
August 15, 2017
Page 97 of 100
Hood: Madam Mayor? I don't want to belabor this, but I would be remiss if I didn't
mention just real quickly, if you're okay. We did coordinate with Ben Marconi from
Intermountain Gas and he is well aware of this. You know, they would prefer a
little bit larger buffer area, but he's generally okay with at least a change to their
property -- this property as proposed now. So, I felt like I should mention the
property owner has -- has been contacted and are part of this process.
De Weerd: Okay. Anything further from Council? If not, I would entertain a motion
to close the public hearing.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Move that we close the public hearing on Item 9-H, H-2017-0089.
Cavener: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 9-H.
All thought in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Seeing that it's probably a big messy bumfuzzle if we don't get this
approved, I would move that we approve Item 9-H, 2017-0089.
Milam: Bumfuzzle.
De Weerd: Can you repeat that again? A mess what?
Borton: Bumfuzzle.
Milam: Bumfuzzle.
Borton: You have never heard that?
De Weerd: Harry Potter.
Borton: Caleb knows it.
De Weerd: Okay. I have a motion and a second to approve this item. Mr. Clerk,
will you call roll.
Meridian City Council
August 15, 2017
Page 98 of 100
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, absent.
De Weerd: All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 10: Ordinances
A. Ordinance No. 17-1743: An Ordinance (Silverstone
Apartments) - H-2016-0060 Granting Annexation and
Zoning for a parcel of land located in the NW ¼ of the
NE ¼ of Section 21, Township 3 North, Range 1 East,
Boise, Ada County, Idaho, As Described in Attachment
“A” and Annexing Certain Lands and Territory, Situated
in Ada County, Idaho, and Adjacent and Contiguous to
the Corporate Limits of the City of Meridian as
requested by the City of Meridian; Establishing and
Determining the Land Use Zoning Classification of Said
Lands from RUT to C-G (General Retail and Service
Commercial District in the Meridian City code; Providing
that Copies of this Ordinance Shall be Filed with the Ada
County Assessor, the Ada County Recorder, and the
Idaho State Tax Commission, as Required by Law; and
Providing for a Summary of the Ordinance; and
Providing for a Waiver of the Reading Rules; and
Providing for An Effective Date.
De Weerd: 10-A is Ordinance 17-1743. Mr. Clerk, will you, please, read this by
title.
Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1743: An
Ordinance, Silverstone Apartments - H-2016-0060, granting annexation and
zoning for a parcel of land located in the NW ¼ of the NE ¼ of Section 21,
Township 3 North, Range 1 East, Boise, Ada county, Idaho, as described in
Attachment “A” and annexing certain lands and territory, situated in Ada county,
Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian
as requested by the City of Meridian; establishing and determining the land use
zoning classification of said lands from RUT to C-G, General Retail and Service
Commercial District in the Meridian City code; providing that copies of this
Ordinance shall be filed with the Ada County Assessor, the Ada County
Recorder, and the Idaho State Tax Commission, as required by law; and
providing for a summary of the ordinance; and providing for a waiver of
the reading rules; and providing for an effective date.
Meridian City Council
August 15, 2017
Page 99 of 100
De Weerd: Okay. Council, seeing no one our audience to ask if they want to hear
it read in its entirety, I would entertain a motion.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: We move that we approve Ordinance No. 17-1743 with suspension of
rules.
Bird: Second.
De Weerd: I have a motion and a second to approve this ordinance. Mr. Clerk,
will you call roll.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, absent.
De Weerd: All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 11: Future Meeting Topics
De Weerd: Upcoming events under Future Meeting Topics we have the Fire
Department doing blood pressure checks at the Meridian Senior Center tomorrow
from 11:00 to noon. You can go get your blood pressure checked if you would like
to during that time. MYAC kickoff is Monday, August 28th at 5:45. We will have
one at -- both 6:00 and 7:30, I believe, so we are doing two of them and, then,
Meridian Mondays. You missed it. Monday was -- it was yesterday. It seems like
it was a week ago. But the weather was awesome for it. So, it's starting to get
better, so come out and walk with -- with a group of folk. So, with that I would
entertain a motion to adjourn.
Bird: So moved.
Cavener: Second.
De Weerd: All those in favor say aye. All ayes.
Meridian City Council
August 15, 2017
Page 100 of 100
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 11:11 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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