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HomeMy WebLinkAbout2017-10-17Meridian City Council October 17, 2017. A meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday, October 17, 2017, by Mayor Tammy de Weerd. Members Present: Keith Bird, Joe Borton, Ty Palmer, Genesis Milam and Anne Little Roberts. Members Absent: Mayor Tammy de Weerd and Luke Cavener. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Caleb Hood, Sonya Allen, Josh Beach, Clint Dolsby, Scott Colaianni, Charlie Butterfield, Mike Barton and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___Genesis Milam _____ Lucas Cavener ___ Mayor Tammy de Weerd Bird: I will call the regular scheduled meeting for the Meridian City Council, Tuesday, October 17th, 2017, at 6:00 -- it's is 6:01. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance Bird: Okay. Second item Pledge of Allegiance. If you will all stand and join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Rod Enos with Southside Christian Center Bird: Is Pastor Enos here? If you will join us for our community -- the invocation or take this as a time of reflection. Thank you for being here. Enos: Father, we just come to you in Jesus' name and we thank you for your many blessings on our community, just the privilege of living in Meridian and the freedom that we have and the blessing. We ask tonight, Lord, for your wisdom, your guidance upon the City Council as they deliberate and make decisions. We pray, Lord, that you would just give them wisdom beyond themselves. We pray, Lord, your continued blessing, Lord, over our city, Lord, over our first responders, Lord, that you would protect them and give them wisdom as they would exercise justice over our city. We pray, Lord, over every individual and every family that -- Lord, that they would be protected and that they would be guided in your ways and so, Lord, we just thank you again for this community and pray your blessing upon this meeting tonight, in Jesus' name, amen. Meridian City Council October 17, 2017 Page 2 of 21 Item 4: Adoption of the Agenda Bird: Thank you very much. The fourth item adoption of the agenda. Councilman Borton. Borton: Mr. President. Item 6-M on the Consent Agenda is proposed resolution 17-2042. And under Item 9, Ordinances, proposed ordinance number 17-1751. And with those additions I would move that we adopt the agenda as published. Milam: Second. Bird: You have heard it. We have got a motion to adopt the agenda as published with a second. All in favor say aye. Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Bird: Got anything for Item 5? Coles: Mr. President, we had one individual sign up. However, they indicated that it's for the hearing for Pine 43, which is Item 9 -- or, excuse me, 8-C on tonight's agenda. Bird: Okay. It wasn't for this item? Coles: It was not. It says hearing for Pine 43. Item 6: Consent Agenda A. Approve Minutes of July 19, 2017 City Council Budget Workshop B. Rainier Villas Sanitary Sewer and Water Main Easement C. Sagewood Subdivision Sanitary Sewer and Water Main Easement D. Gramercy Subdivision No. 1 Water Line Easement E. Black Cat Trunk Sewer Easement For Citadel Storage on Amity F. Volterra Heights Subdivision No. 3 Water Main Easement G. Volterra Heights Subdivision No. 3 Sanitary Sewer Easement Meridian City Council October 17, 2017 Page 3 of 21 H. Final Order for Bainbridge Subdivision No. 6 (H-2017-0122) Located ½ mile west of N. Ten Mile Road, south of W. Chinden Blvd by Brighton Investments, LLC I. Final Order for Hill’s Century Farm Subdivision No. 8 (H-2017- 0127) by Brighton Investments, LLC located approximately ¼ mile south of E. Amity Road, and 1/2 mile east of S. Eagle Road J. Final Order for Nursery Subdivision (H-2017-0128) by JLJ, Inc. located at 570 S. Linder Road K. License Agreement Between the Nampa-Meridian Irrigation District and the City of Meridian Regarding the TM Creek Subdivision No. 2 Ten Mile Creek Pathway Located Near the Southeast Corner of Franklin and Ten Mile Roads L. Addendum No. 15 to Agreement with Boise City for City Prosecutor/Criminal Legal Services Dated November 1, 2002. M. Resolution No. 17-2042: A Resolution Approving a Community Recycling Fund Application for the Project ‘Catalpa Leaf- Shaped Bench with Signage’ Sponsored by the Solid Waste Advisory Commission and Funding Authority of $2,756.00. N. Approval of Change Order 1 to ACHD for the “Franklin Rd. Black Cat to Ten Mile Rd. Water and Sewer Improvements” project for a Not-To-Exceed amount of $304,000.00 in conjunction with the Interagency Agreement dated January 20, 2016. O. Approval of a Sole Source Purchase for ten (10) WRAP Restraints from Safe Restraints, Inc. for the Not-to-Exceed amount $12,885.00. P. Award of Agreement Renewal for “UTILITY BILLING CUSTOMER SERVICES” to Billing Document Specialists for the Not-To-Exceed approved budget amount of $256,500.00. Q. AP Invoices for Payment - $2,939,838.27 Bird: Thank you very much. With that I will go to No. 6, the Consent Agenda. Borton: Mr. President? Bird: Mr. Borton. Meridian City Council October 17, 2017 Page 4 of 21 Borton: As noted previously, Item M on the Consent Agenda is resolution 17-2042. And with that I would move that we approve the Consent Agenda and for the President to sign and the Clerk to attest. Little Roberts: Second. Bird: We got a motion to approve the Consent Agenda as published and for the President to sign and the Clerk to attest. Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From the Consent Agenda Bird: We had no items removed from the Consent Agenda. Item 8: Action Items A. Public Hearing for Gensco (H-2017-0098) by Kobe, LLC located at the northeast corner of Locust Grove Road and E. Franklin Road 1. Request: Rezone of 4.5 acres from the C-G (General retail and service district) zoning district to the I-L (Light Industrial) zoning district Bird: So, we will go into Action Items and our first action item is H-2017-0098 for Kobe, LLC. Is that you, Josh? Beach: Yes, sir. Bird: Start with the staff. Thank you. Beach: As you said, this is the application -- the name is called Gensco. It's a rezone. The size of this property -- it consists of approximately four and a half acres, it's currently zoned C-G, located at the northeast corner of North Locust Grove and East Franklin. The property was annexed into the city in 1996 as Ordinance No. 748. The Comprehensive Plan future land use map designation is commercial. The applicant has applied to rezone four and half acres of land from C-G to the I-L zoning district, as discussed above and the proposed zoning is consistent with the policies in the Comprehensive Plan. The proposed concept plan depicts a 50,000 square foot building, with potential future expansion of 20,000 square feet. Staff is in support of rezoning the property. However, subsequent to Meridian City Council October 17, 2017 Page 5 of 21 applying for the subject rezone the applicant has submitted a preliminary/final plat combination application to create a three lot subdivision out of the existing parcel. The northern lot is proposed for I-L zoning, while the southern two lots will remain zoned C- G. The three uses will be required to obtain separate land use approvals prior to construction and operation and in general staff is supportive of the proposed concept plan. The site currently has one vehicular access to both North Locust Grove Road and East Franklin Road. The UDC requires the applicant to utilize local streets when available and in this case the applicant is required to utilize access from Lanark on the north and Nola Road on the east. They are both considered local streets. Staff recommends approval of a single shared access, as well as one shared access from East Franklin Road. Madden Subdivision, which is the subdivision currently in the process, is scheduled to be heard in the next few weeks by Council. In order to utilize access from North Locust Grove Road and East Franklin Road, the applicant will need to obtain approval from City Council and they are asking for that this evening. Under the existing zoning the proposed wholesale sales and warehouse uses are not allowed . Although the applicant has submitted a viable concept plan, the only development currently shown on the conceptual site plan is the wholesale sales and warehouse building located on -- on Lot 1. Specific development plans are not proposed currently for Lots 2 and 3 of Block 1. The Commission did recommend approval. A summary of the Commission public hearing were Kevin Schalk, the applicant's representative, in favor. No one in opposition. The applicant's representative, again, Kevin Schalk, was commenting. Did not receive any written testimony. Caleb Hood was the staff member presenting the application. There were no other -- no other staff members commenting. There were no issues of key -- no key issues in public testimony. Key issues of discussion by the Commission were concerns about the pressure in the irrigation lines, who is responsible for the irrigation and what would have to be done to address the issue . Commission changes to staff recommendations are -- they modified Condition 1.1.1B to read as follows: Direct vehicle access shall be limited to Lanark and Nola, unless ACHD and the City Council grant access to North Locust Grove Road and East Franklin Road in the future. As I said, the applicant is requesting access to both Locust Grove Road and Franklin. So, that's before you this evening. Did not -- have not received any written testimony since the Commission hearing. And with that staff will stand for any questions you have. Bird: Council, any questions for staff at this time? Is the applicant here? Please state your name and address. Tamura: Mr. Chair, Members of the Council, my name is Doug Tamura and I represent Kobe, LLC. We are the owners of the subject property and I have kind of the cart before the horse, because there was enough engineering design work involved, so I couldn't submit the plat at the same time as the rezone, but we are going to be heard next -- next week for this -- the Madden Subdivision and what we got approved so far with the highway district is we are going to keep the -- the most eastern curb cut on Franklin and close off the right-in, right-out. The one to the east will become a right -in, right-out restricted and, then, it will be -- and, then, we are going to widen them to 36 feet. I have both planning and zoning support and Highway District support for keeping the two access points on Locust Grove. My reasoning was Gensco is going to be the -- the Trane distributor for -- Meridian City Council October 17, 2017 Page 6 of 21 I don't know if you know Trane, but they are the mechanical distributor . So, we will have a fair amount of truck traffic and so our thought was it would be nice to -- and what the highway district agreed is that the -- the further south one would be a right-in, right-out and they would give us a full access onto Locust Grove on the northern access point. Again, we are going to widen those out to 36 feet, But it would give us three -- three good access points into a 70,000 foot, you know, distributing center, you know, and it's -- plus it's a four and a half acre site that we are going to develop. So, again, we would like to be able to keep the two access points that we have on Locust Grove. Thanks. Any questions? Bird: Any questions for the applicant? Okay. Thank you very much. This is a public hearing. Do we have anybody signed up? Coles: There were no sign-ups, Mr. President. Bird: It is a public hearing. Would anybody like to testify? Doug, you got any final words? Borton: Mr. President? Bird: Mr. Borton. Borton: A question for Josh. One of the notes makes reference to a DA and DA provisions as being the means to -- and you have got proposed conditions to go in the DA. If that's not, obviously, done as part of this rezone, what would be the condition to be put in today's hearing to ensure that gets done? Beach: Let me pull it up, Mr. Borton, so I know exactly which -- which condition you're referring to here. Borton: The recommended provisions in Exhibit B. Beach: Which of the four are you referring to? Or all of them? Borton: Yeah. Mr. President. All of them and my question, I guess, is the condition that a DA be entered into between the applicant and the city, how would that be tied to an approval of a rezone today? Is it -- do you see what I'm saying? I'm trying to -- trying to create language that would -- that would act on today's application and -- and state what you recommended, that a DA be entered into between the city and the applicant. So, what date or before what occurs -- what would be the trigger -- Beach: So, they would have to sign the DA in order for the property to be rezoned. Is that what you're asking? What kind of the process is? Borton: Mr. President? Bird: Yes. Meridian City Council October 17, 2017 Page 7 of 21 Borton: I guess whatever the trigger would be; right? So, if we have got a rezone today -- up for approval today, is it -- if it's approved today is it not really approved until a DA is also agreed to? Am I getting this -- Beach: No, that's -- that's correct. So, they would have to sign the development agreement, bring that back before Council to have that approved before it officially gets rezoned. Borton: Okay. All right. Thanks. So, it's approved subject to that -- okay. Bird: Any other questions? Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: Just for clarification, in the sheet that's on our screen it says Exhibit C. In our paperwork it says Exhibit B. Beach: So, there is -- don't get too hung up on that. Exhibit B is the actual DA. This is just -- this is just an exhibit showing what those conditions would be. Maybe I'm getting everyone confused here. I'm not sure which -- Little Roberts: Okay. Bird: Did that answer your question? Little Roberts: It does. Bird: Any other questions? If not, what's your pleasure, Council? I would certainly entertain a motion to close the public hearing. Borton: Mr. President? Bird: Mr. Borton. Borton: I move that we close the public hearing on Item 8-A, H-2017-0098. Little Roberts: Second. Bird: I have got a motion to close the public hearing with a second. All in favor say aye. Any opposed? We have closed the public hearing. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council October 17, 2017 Page 8 of 21 Borton: Mr. President? Bird: Mr. Borton. Borton: I move that we approve Item 8-A, H-2017-0098, with staff and applicant comments with regards to access and the -- the DA condition of the rezone with the recommended conditions of approval. Milam: Second. Bird: Got a motion and a second to approve H-2017-0098. Mr. Clerk, would you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing for Kentucky Ridge Estates South (H-2017- 0109) by Hayden Homes Idaho, LLC located east of S. Linder Road and south of W. Victory Road 1. Request: Preliminary Plat consisting of 19 building lots and 3 common lots on 5.5 acres of land in the R-4 zoning district Bird: Item B, Kentucky Ridge Estates South, H-2017-0109. I will open the public hearing for that and staff -- is that you, again, Josh? Beach: Yes, sir. This is a preliminary plat for Kentucky Ridge Estates South. This site consists of approximately five and a half acres of land, which is currently zoned R-4, located south of West Victory Road and west of South Kentucky Way. This property was previously annexed and zoned and a preliminary plat was approved in 2014 for what was called Revolution Ridge Subdivision. The property was to be phase four of the development. However, the plat -- the plat did expire. The Comprehensive Plan future land use map designation for this piece is low density residential. The plat consists of 19 single family residential building lots and three common lots on five and a half acres of land in the R-4 zoning district. Minimum lot size in the proposed development is 8,000 square feet. Access is proposed via two accesses. One via South Cobble Avenue and one via West Blue Down Street. A stub street is proposed to the south for future extension and interconnectivity. Because the property was intended to be the last phase of development in the previously approved subdivision and will be part of that development, it does not meet the minimum qualified open space and site amenity requirements. However, staff recommends that the common area and the site amenities in the Kentucky Ridge development is allowed to satisfy the requirements for this development . So, as I previously mentioned, this -- this was going to be a phase in that subdivision just to the north, but the plat died. So, they are having to come back forward with the -- through the subdivision process again. But for all intents and purposes it's the same subdivision and Meridian City Council October 17, 2017 Page 9 of 21 my understanding is it will be included in that subdivision's CC&Rs, so they are subject to those and would be allowed to use the open space provided with that subdivision to the north. The Sundial Lateral crosses the southwest corner of the site. All ditches on the site are required to be piped, unless waived by City Council. The applicant is requesting a waiver from City Council due to large capacity of the lateral. The Sundial Lateral will not be improved as part of the development to be a water amenity as defined in UDC. The lateral is required to be fenced in accordance with UDC standards to deter access to that lateral. The Commission did recommend approval with conditions. Summary of the Commission public hearing. In favor was Tim Mokwa and Ann Runyon. None in opposition. Commenting was Ann Runyon. Written -- did not receive any written testimony on this. Sonya Allen was the staff that presented the application. There was no other staff commenting. Key issues of public testimony. Some of the existing residences in Kentucky Ridge have very low pressure in their irrigation lines. Fears that additional homes will decrease the pressure even further. Issues of discussion by the Commission were concerns about the pressure in the irrigation lines. Who is responsible for the irrigation and what has been done to address that issue and is gravel appropriate material for the proposed pathway. The Commission did not change any of staff's recommendations. There are no outstanding issues for Council, with the exception of keeping that portion of the lateral open. Did not receive any written testimony since the Commission hearing. And with that I will stand for any questions that you may have. Bird: Council, any questions for the staff at this time? Is the applicant here? You want to come forward? The applicant says there is no need to come forward. Council, you got any other questions? Borton: Mr. President? Bird: Yeah. Borton: Josh, maybe you can give a quick summary on the -- the question on the irrigation pressure issue with how that was resolved. Beach: That may be a better question for the applicant, but I believe they will address that as part of the subdivision, but -- Bird: Come forward, please. State your name and address if you would. Gregory: Mike Gregory. 3487 West Breneman Street, Boise. The way I understand it we have -- we have located a residential watering schedule in the O&M manual -- in the pressure irrigation O&M manual that will be -- there was no -- there was no set scheduling -- residential scheduling for the homeowners this past summer, which I believe contributed to some of the low flow questions. What -- what -- since we have located the -- the watering schedule, we will give that to the HOA management person to distribute and coordinate with the residents at the start of next watering season . We -- we feel that that will take care of the low pressure that was experienced this past season . Meridian City Council October 17, 2017 Page 10 of 21 Bird: Any other questions? Thank you very much. This is a public hearing. Would anybody else like to testify? Council, any questions for either the applicant or the staff at this point? If not I would entertain a motion. Milam: Mr. President? Bird: Mrs. Milam. Milam: I move that we close the public hearing on H-2017-0109. Borton: Second. Bird: I have got a motion to close the public hearing on H-2017-0109. All in favor say aye. Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Mr. President? Bird: Mrs. Milam. Milam: I move that we approve H-2017-0109 with all staff and applicant testimony. Borton: Second. Bird: I got a motion and a second to approve H-2017-0109. Clerk, would you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing for Pine 43 (H-2017-0058) by DMB Development located south of E. Fairview Ave., east of N. Locust Grove Road, north of Commercial Street and west of Hickory Ave 1. Request: Modification to the existing Development Agreement (Inst. #108022893) to accommodate the proposed mixed use development plan 2. Request: Annexation and zoning of 0.07 of an acre of land from the RUT zoning district in Ada County to the R-15 (medium high-density residential) zoning district in the City 3. Request: Rezone of 31.24 acres of land from the C-G (general retail and service commercial) to the R-15 (medium Meridian City Council October 17, 2017 Page 11 of 21 high-density residential) zoning district; and 27.48 acres of land from the C-G zoning district to the R-40 (high density residential) zoning district 4. Request: Preliminary Plat consisting of 364 building lots and 50 common lots on 119.77 acres of land in the R-15, R-40 and C-G zoning districts Bird: Open the public hearing on H-2017-059. Is that you, Sonya? Allen: It is. Bird: Okay. Staff report. Allen: Thank you, President Bird, Members of the Council. The next application before you is a request for a development agreement modification, annexation and zoning, rezone, and a preliminary plat. The site consists of approximately 120 acres of land, zoned C-G, located on the south side of East Fairview Avenue and the east side of North Locust Grove Road, north of Commercial Street. Back in 2007 this property was included in the annexation, rezone and preliminary plat for Pine Bridge Subdivision. A development agreement was required as a provision of annexation and later amended to remove the Scentsy property. Several time extensions were approved for the preliminary plat, which expired in May of this year. Since the time the property was annexed Pine Avenue has been extended between Locust Grove and Eagle. A roundabout has been constructed at the intersection of Pine and Webb and infrastructure has been completed to support the Scentsy and PKG campuses. Comprehensive Plan future land use map designation for this property is mixed use community. This property is located within the northern area of the Core designated in the Comprehensive Plan. This area focuses on promoting an environment for health, sciences and technology and business centers, creating sustainable jobs, development, products, training, research and manufacturing that can't be outsourced. The corridor of complementary businesses and services should provide a one stop destination for visitors and workforce , with all necessary amenities. The applicant requests a modification to the existing development agreement to accommodate the proposed mixed use development plan. The original concept plan shown there on the left included approximately three million square feet of commercial, light office, multi-family residential uses, a medical campus and a 50 acre property that is now the Scentsy Commons Campus to the east. The proposed p lan shown on the right includes commercial components of office and retail and a variety of residential housing types, consisting of single family residential attached and detached and multi -family residential. The concept plan depicts commercial uses along adjacent arterial streets, Fairview, Locust Grove, and Pine. High density residential, 504 units along the west -- excuse me -- east side of Webb on the north end of the site and 233 single family residential units consisting of detached and attached homes, townhomes, and vertically integrated internal to the development. Two collector streets are also proposed through the development north-south, which is Webb and that is the one shown here with the dotted line north and south, which will provide connectivity from Pine to Fairview and east- Meridian City Council October 17, 2017 Page 12 of 21 west, the other dotted line here, which is State Avenue from the east boundary of the site to Locust Grove. An updated traffic impact study was prepared for the proposed development, which determined the proposed development will generate less traffic than the current approved plan. Annexation and zoning of .07 of an acre of land with the R- 15, which is .01 of an acre, and the C-G zoning district, which is .06 of an acre, is proposed for dedication of right of way for the extension of State Avenue. An area we are talking about for the annexation, if you can see my pointer here on the screen, is just the corner right here of this -- this long parcel here. So, that's why it's such a small amount. A rezone of 46.55 acres of land from the C-G to the R-15 zoning district is proposed to allow the development of single family residential uses to the mix of uses desired within the MUC designated area. A preliminary plat is proposed as shown for 414 lots on 119.77 acres of land and 47 mixed use building lots in the C-G district, 233 single family residential building lots in the R-15 district and 84 multi-family residential building lots in the R-40 district and the rest are common area lots. The subdivision is proposed to develop in 14 phases, beginning with the single family residential portions. Landscaped street buffers are required adjacent to all arterial and collector streets within the development and along all local streets as well in the C-G zoning district in accord with UDC standards. Open space and site amenities are proposed in accord with UDC standards for the single family residential portion of the development and open space and site amenities for the multi-family residential portion of the development will be reviewed with the conditional use permit application at a later date. Conceptual building elevations were submitted for commercial, townhome, live-work and single family residential detached homes proposed within the development. Staff believes the commercial areas within the development should provide for businesses that incorporate the Core vision and the diversity of residential housing choices should provide nearby housing options for employees. The Commission did recommend approval of the proposed applications with conditions in Exhibit B of the staff report. Summary of the Commission public hearing. Dan Torfin testified in favor. He's the applicant. No one testified in opposition. Tom Bevan commented. And written testimony in response to the staff report was received from Dan Torfin. Key issues of discussion by the Commission were the changes from the existing concept plan in the development agreement to the proposed plan and adequacy of off -street parking in the multi-family residential portion of the development. There were no changes recommended by the Commission to the staff recommendation and there is only one outstanding issue for the Council tonight. Dan Torfin, the applicant's representative, did submit written request for a modification to provision number 5.1.1 in the development agreement and you should have that in your packets and I will let Dan explain that request in further detail. That's all staff has, unless you have questions, Council. Bird: Any questions for Sonya? Not at this time. Is the applicant here? Torfin: Good evening, Mr. President, Members of the Council. Dan Torfin representing DMB Investments. Address is 250 South Beachwood in Boise. I will just -- Allen: Having technical difficulties. Meridian City Council October 17, 2017 Page 13 of 21 Torfin: Okay. So, just bring up the PowerPoint. Mr. President, Members of the City Council, This application -- Sony did a good job, so I'm not -- I'm not going to go through what all this is, but it is -- it's a refinement of our Pine -- of our Pine Bridge project that was originally approved nearly ten years ago and it did include the ground that the Scentsy campus is on and what we are trying -- what our refinement is is to take this project and to provide a variety of residential options in the -- in the center of the area -- Sonya, I will just use this. Allen: Your arrows on your keyboard, Dan. Torfin: Okay. I will just draw them. In area C -- so, we have an alphabetical map. Area C is the R-15 and it -- it's actually 31 acres that's being requested to be rezoned to R-15, 233 units, and the thought is -- our team believes that this -- the variety of housing will provide more options for residents for Meridian, for -- students at the new medical school have met with us and are very interested in the -- the various options of residential units that we offer. Many of them are going to be nontraditional students. Some will need apartments. Some may like townhouses. And so we have -- we have supplied a variety of attached townhouses, detached homes and, then, area B is 27 acres proposed to be rezoned to R-40, which includes traditional stacked flat apartments, could -- could include senior housing, assisted living and the architect style for this area is going to contain a broad range of architectural styles from traditional, contemporary, modern and so that -- the exhibits that are in the application are just to show the collected types of architecture we are going to allow. We also think that this project will have -- thank you. Let's see. That's not the one. If you would just bring up the plan. There you go. That will work. Thanks, Sonya. We -- we are going to be providing an extension of the public pathway that runs along the Jackson Drain in this area right here that I'm outlining in green and we are trying to promote pedestrian friendly walk and walkability that will connect to the -- the pathway corridor that's going to connect to downtown Meridian. We think that's key. We are -- we are kind of in a unique location that this is becoming an urban neighborhood and back when we were assembling this property -- property a long time this was in the middle of nowhere, really, between Meridian and so it's changed a bunch. But we really want to promote the walkability that could even be extended to make it all the way over to Kleiner Park and kind of tie those areas together with our pathways. The commercial development is still focused along the arterials. This is Pine Avenue, Fairview, Locust Grove and it's designed to help support the objectives of the Core enterprise zone for medical, technology uses. The access for this project -- we believe we have one of the best access projects in the valley, maybe. We have these arterials. ACHD has approved our access plan and it does include an access that I believe the Council needs to act on. There is a right-in, right-out in this location right here that ACHD had approved in the previous application, so we will acting -- or asking for your approval of that and we have added -- we did build Pine Avenue back in 2008 and all the access points are included on Pine Avenue, except this one right here down west of the roundabout. ACHD has approved that access point as well. Sonya, can you put up the roundabout? We are -- there. This concept plan is -- is the plan that we are working on for this -- the roundabout, which is the signature for our Pine 43 development and you will see that the name is on that sculpture. It's kind of a -- it's to show kind of an urban skyline with the sandstone and Meridian City Council October 17, 2017 Page 14 of 21 we are working presently with ACHD to get that approved and a license agreement. There. I like that one. That's a good one. The -- we have reviewed the conditions of approval and we are in agreement with them. As Sonya mentioned, we are asking for some amendments to the development agreement and they are simply -- just some language in 5.1.1 that is to allow some flexibility with final site planning, that we have a little flexibility to move, you know, buildings around without having to come back for amendments to the development agreement and, then, also in area B we are asking for the multi-family -- the high density multi-family to allow some flexibility as well, but also to allow the various types of high density residential that's allowed in that R-40 zone to be governed by a conditional use application that will be required for approval of -- of uses in that section area B as shown on the plans. In -- I guess in summary, we have an existing project, we haven't made a lot of changes, other than refining it to provide these -- the variety of housing types and kind of just add a layer of the residential that will -- we think will be beneficial to the overall community, to the medical school. Pine 43 meets the goals of the Comprehensive Plan and meets the Unified Development Code. We did receive a unanimous recommendation for approval from -- by the Meridian Planning and Zoning Commission. Somebody said that we nailed it, so -- they thought it was -- it was perfect for this location. So, in -- in conclusion, we are asking approval for the amended development agreement with the language that I'm proposing that's on your screen before you. The revised -- the annexation, zoning -- the rezoning for the R-15 and the R-40 and the revised preliminary plat. And with that I will stand for questions. Bird: Council, any questions for the applicant? Borton: Mr. President? Bird: Mr. Borton. Borton: Dan, on the proposed modified condition 5.1.1, are you comfortable with the -- at the end of that first paragraph it's added -- like in the second paragraph as determined by the director? Torfin: I believe so. Borton: And I appreciate what you're trying to do -- Mr. President? What you're trying to do with the flexibility and to understand the intent , but it's helpful to have that -- that final certainty if there is confusion -- Torfin: Sure. Borton: -- down the road. So -- Torfin: Mr. President, Council Member Borton, yeah, I think we will -- we will be working with staff -- Borton: Sure. Meridian City Council October 17, 2017 Page 15 of 21 Torfin: -- on the final plans and so I think -- I think it's appropriate. I think it was just to get some language in there, so if there is, you know, just subtle changes that we don't have to come -- you know, come modify the development agreement, which can be a lengthy process at times. Borton: Sure. Okay. Thank you. Bird: Any other questions? Milam: Mr. President? Bird: Mrs. Milam. Milam: Not really a developmental question. The name Pine 43 -- 43 changes to the -- Torfin: Not quite, but -- Mr. President, Councilman Milam. The Pine is -- Pine Avenue -- Milam: Right. Torfin: -- represents the location. Forty-three is the 43rd parallel. And also 43 is Idaho is the 43rd state and it also represents the pioneering spirit of Idaho and the City of Meridian, because we think Meridian is doing a great job and we want to be part of it. Milam: I knew there was some kind of great meaning behind that. Torfin: It was meant for people to ask. Bird: Any other questions? Thank you, Dan. Torfin: Thank you. Bird: This is a public hearing. Did we have any sign-ups? Coles: Mr. President, just the one from that previous item on the agenda. Jack -- I'm not going to get this last name correct -- Cortabitarte. He said he wanted to sign up to speak about the Pine 43 development. Bird: Come on up, Jack. Cortabitarte: Thank you. I didn't know I had to speak, but I will. Bird: Would you state your name and address, please. Cortabitarte: Jack Cortabitarte. 3115 Crescent Rim Drive, Boise, Idaho. We own a very small piece of undeveloped property to the east and borders property on Fairview and Meridian City Council October 17, 2017 Page 16 of 21 have for years. Been in the family since the 1950s and, first of all, I would like to say that we -- as a family we have to look to the developer and to you as City Council in Meridian to make the best decisions. We have no negative whatsoever. We would welcome any and all quality development in that area, because we think it would be a big asset to the City of Meridian and to Fairview in general, which we think needs it where we are. Just a second little incident. Years ago we agreed with ACHD to do a new access to our property with the development next to us just to the east and when we did we paid a fee to hook up water. We have never had city water or city sewer on our property, it was just a little farm. And when we went -- we got with Bruce and he got out the paperwork and we went to hook up the water, which was in the paperwork the City of Meridian is the northeast corner of our property. Well, we found out, with a lot of work and effort and also on Bruce's, there is no such thing. It was in error. So, Bruce at that time -- and I don't know the exact year, it's in the records, it was before the Pine Bridge thing. I think it was in 2006 or whatever. He asked me if we would agree that when the neighbor on Fairview, the commercial portion, is developed, that that developer would provide us a stub for water and sewer and so that is our understanding as the property owner. As far as the development before you today, we have no negative whatsoever and I mean that sincerely. We would look forward to this area eventually being developed in whatever format you think is the best for everyone in Meridian and the entire community. Borton: Mr. President? Bird: Mr. Borton. Borton: So, are you looking for some confirmation that this project will provide that connectivity? Cortabitarte: For our water? Borton: Yeah. Cortabitarte: Well, I really don't know how to proceed. I -- I think it's in the notes of a prior City Council meeting that I attended and I think it was, but that was a long time ago and so, yes, I would like it to be their understanding that we agree when that property is developed. We are not asking for that now. When it's developed that we would just like to get a stub that we could hook up. Borton: Okay. Thanks. Bird: Any other questions? Cortabitarte: Thank you. Bird: Thank you very much. Anybody else that would -- is there another -- anybody -- anybody that would like to testify? Dale. Meridian City Council October 17, 2017 Page 17 of 21 Newberry: Thank you. Dale Newberry. Micro 100 Tool. 10410 East Pine. I just have a question for Dan. Dan, you called and left a message for me, something about zoning and how it would -- it may affect our present -- Bird: Speak into the -- speak into the speaker so -- Newberry: Dan had called and left a message to me and I apologize for not getting back and clarifying, but he said that there may be a zoning problem through this on our property and I'd like to clarify what that is. Bird: Okay. Well, he can clarify it -- when he comes back up, Dale, he can clarify it. When he comes -- he will be the last one to testify. Newberry: All right. Well, that's all. Bird: That's all you have got? Any questions for Mr. Newb erry? Thanks, Dale. Newberry: It may bring us a lot of employees, so -- Bird: Anybody else? This is a public testimony. If not, Dan, do you want to come back and answer questions? Torfin: Yes, sir, Mr. President, Members of the Council. Two questions as to Jack Cortabitarte. I learned how to pronounce his name. It's a cool name. We -- the city does require it. The city has an ordinance of to and through. So, we intend to bring sewer over into that area and when we develop we would provide that stub to that adjacent property. We are agreeable to that. And, then, to answer Dale's questions, he owns property next to us and we own a piece of property that we were -- we were purchasing -- purchasing a larger piece of ground that's -- let me see, I think I can still do this. Right down here is a piece that we own. I'm drawing that in. That became an illegal split. We were taking down all the property of the original parcel and when the economy decided to slow way down we -- we didn't continue on with that, so we have a piece back there. The issue is that he -- he picked up the other parcels and we need to kind of work together. We are both -- we couldn't include it in our project. We tried. Ask Sonya. But we just couldn't find a way to put it in until we rectified an illegal parcel split and Dale will have that same issue. So, we have got to annex -- his property is in the county and so is ours and so, hopefully, Dale, that is the question and we just have to work together and try to bring it in later. So, we just moved on and that's where our application is tonight. Bird: Any other questions? Thank you, Dan, very much. Torfin: Thank you. Bird: Council, need anything before we would close the public hearing? Borton: Mr. President? Meridian City Council October 17, 2017 Page 18 of 21 Bird: Mr. Borton. Borton: If a head nod is appropriate, does that answer Mr. Newberry's question? Bird: He can work it out with the county. Council, what's your pleasure? Borton: Mr. President? Bird: Mr. Borton. Borton: I would move that we close the public hearing on Item 8-C, H-2017-0058. Little Roberts: Second. Bird: Got a motion to close H-2017-0058 and a second. All in favor say aye. Any opposed? Bird: The public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Mr. President? Bird: Mr. Borton. Borton: Legal counsel, can they -- can the package of the application be acted on as one? Nary: Mr. President, Members of the Council, yes. Bird: It's under one. Borton: Mr. President? Bird: Mr. Borton. Borton: If there is no discussion, I would move to approve Item 8-C, H-2017-0058 to include the modified condition 5.5.1 as further modified in today's hearing with the addition at the end of the first paragraph as determined by the director and agreed to by the applicant and to also include staff and applicant conduct -- or comments from today as well. Milam: Second. Meridian City Council October 17, 2017 Page 19 of 21 Bird: Okay. We have got a motion and a second to approve H -2017-0058. Mr. Clerk, would you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Ordinances A. Ordinance No. 17-1751: An Ordinance of the City of Meridian in Ada County, Idaho, Amending Meridian City Code Section 3-4- 1, Regarding the Classification of Large-Scale Special Events Within the Definition of Special Events and Eliminating the Temporary Indoor Events Definition; Repealing Meridian City Code Section 3-4-3, Regarding Temporary Uses; Repealing Meridian City Code Section 3-4-4, Regarding Citizen’s Use Permits; Adding a New Section, Section 3-4-3, Regarding License and Permit Requirements for All Temporary Uses; Adding a New Section, Meridian City Code Section 3-4-4, Regarding Standards for All Temporary Uses; Adding a New Section, Meridian City Code Section 3-4-5, Regarding Standards for Special Events; Adding a New Section, Meridian City Code Section 3-4-6, Regarding Standards for Promotional Sales Units; Adding a New Section, Meridian City Code Section 3-4-7, Regarding Standards for Temporary Sales Units; Adding a New Section, Meridian City Code Section 3-4-8, Regarding Standards for Outdoor Markets; Adding a New Section, Meridian City Code Section 3-4-9, Regarding Standards for Subdivision Model Homes; Adding a New Section, Meridian City Code Section 3-4-10, Regarding Standards for Subdivision Real Estate Sales Offices; Adding a New Section, Meridian City Code Section 3-4-11, Regarding Standards for Garage, Yard, and Similar Sales; Adding a New Section, Meridian City Code Section 3-4-12, Regarding Standards for Temporary Construction Sites; Adopting a Savings Clause; and Providing an Effective Date De Weerd: That's the end of our action items. We will go into No. 9, Ordinances. Mr. Clerk, would you read ordinance number 17-1751 by title only. Coles: Thank you, Mr. President. City of Meridian Ordinance No. 17-1751: An ordinance of the City of Meridian in Ada county, Idaho, amending Meridian City Code Section 3-4- 1, regarding the classification of large-scale special events within the definition of special events and eliminating the temporary indoor events definition; Meridian City Council October 17, 2017 Page 20 of 21 repealing Meridian City Code Section 3 -4-3, regarding temporary uses; repealing Meridian City Code Section 3-4-4, regarding citizen’s use permits; adding a new section, Section 3-4-3, regarding license and permit requirements for all temporary uses; adding a new section, Meridian City Code Section 3-4-4, regarding standards for all temporary uses; adding a new section, Meridian City Code Section 3-4-5, regarding standards for special events; adding a new section, Meridian City Code Section 3-4-6, regarding standards for promotional sales units; adding a new section, Meridian City Code Section 3-4-7, regarding standards for temporary sales units; adding a new section, Meridian City Code Section 3-4-8, regarding standards for outdoor markets; adding a new section, Meridian City Code Section 3-4-9, regarding standards for subdivision model homes; adding a new section, Meridian City Code Section 3-4-10, regarding standards for subdivision real estate sales offices; adding a new section, Meridian City Code Section 3-4-11, regarding standards for garage, yard, and similar sales; adding a new section, Meridian City Code Section 3-4-12, regarding standards for temporary construction sites; adopting a savings clause; and providing an effective date. Bird: Council, you heard that by title only. Is there anybody that would like to hear it read in its entirety? Seeing none, I would entertain a motion. Borton: Mr. President? Bird: Mr. Borton. Borton: Real quick just for discussion. This is going to go forward, but when we discussed it last there was going to be some follow up on some temporary use permit questions , just to make sure that stays on or gets on an agenda and -- maybe a workshop. Bird: It will be. Borton: Okay. Bird: Mrs. Milam? Milam: I move that we approve Ordinance No. 17-1751, with suspension of rules. Little Roberts: Second. Bird: Got a motion and a second to approve 17-1751. Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Future Meeting Topics Meridian City Council October 17, 2017 Page 21 of 21 Bird: Anything on future topics? Seeing none -- all you students, if you'd come up and see the city clerk he would be glad to give you a Meridian city pin showing you have been here. Thank you for sitting through. With that I would entertain a motion to adjourn. Milam: So moved. Barton: Second. Bird: All in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: We are out of here. MEETING ADJOURNED AT 6:51 P.M. (AUDIO RE ORDING ON FILE OF THESE PROCEEDINGS) Af-) OUNCIL PR SIDENT KEITH BIRD DATE APPROVED ' ATTEST: o�Q0�p.TED AUGUST, C. J COL ,CIT ERK CAVI E IDIAN, IDAHO s^ SEAL ,