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HomeMy WebLinkAbout2004 11-092. 3. 4. 5. Revised 1119104 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 9, 2004, at 7:00 p.m. City Council Chambers Roll -call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Pledge of Allegiance: by Chief Kenny Bowers & Asst. Chief Bill Johnson Community Invocation by Craig Flinn, with Meridian Alliance Church: Presented Adoption of the Agenda: Approve Consent Agenda: Approve A. Approve Minutes of October 5, 2004 Pre -Council Meeting: Approve B. Approve Minutes of October 19, 2004 City Council Regular Meeting: Approve C. Findings of Fact and Conclusions of Law for Approval: AZ 04- 026 Request for Annexation and Zoning of 1.71 acres from RUT to C -G zone for Mountain West Bank by Erstad Thornton Architects — northeast corner of Venture Street and East Fairview Avenue: Approve D. Findings of Fact and Conclusions of Law for Approval: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C -G zone for Mountain West Bank by Erstad Thornton Architects — northeast corner of Venture Street and East Fairview Avenue: Approve E. Water Main Easement for Water Main Easement: Approve F. Streetliaht Agreement for Cedar Springs No, 4: Approve Meridian City Council Agenda—November9,?.004 Page l of All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or bearing please owned the City Clerk's Office at 888.4433 at toast 48 hums prior to the public meeting Revised 1119104 G. Streetlight Agreement for Lochsa Falls No. 9: Approve H. Strestlight Agreement for Lochsa Falls No. 10: Approve J. Streetliaht Agreement for Lochsa Falls No. 11: Approve Inc. for $523,500: Approve The K. Resolution No. 04-450 : Disposal of Surulus Propertv — WWTP Equipment: Approve 6. Department Reports: A. City Clerk —Will Berg 1. Request to Change Date for Public Hearing for Kingsbridge Subdivision Annexation and Zoning, Preliminary Plat, and Conditional Use Permit for a Planned Development Applications: Approve Date Change to December 14, 2004 B. Parks Department — Doug Strong 1. Presentation on Adventure Island Playground: Certificate of Appreciation — Doug Strong and Brad Day C. Mayors Office Mayor's Report: Mayor's You Council -14 D. City Attorney — Bill Nary 7. (Items Moved from Consent Agenda) 8. Tabled from November 3, 2004: FP 04-063 Request for Final Plat approval for 50 single-family residential building lots and 13 common lots on 15.34 acres in a R-8 zone for Sheridan Place Subdivision by Robert Chavez — east of North Locust Grove Road and north of East McMillan Road: Approve 9. FP 04-065 Request for Final Plat approval of 57 building lots and 6 other lots on 17.29 acres in a R-8 zone for Redfeather Estates Subdivision No. 4 by Packard Estates Development, LLC — south of East Ustick Road and east of Eagle Road: Approve Maidim City Council Agmda—Novemba9,2004 Page2of3 Revised 11!8104 10. FP 04-066 Request for Final Plat approval of 27 building lots and 1 other lot on 7.38 acres in a R-8 zone for Redfeather Estates Subdivision No. 5 by Packard Estates Development, LLC — south of East Ustick Road and east of Eagle Road: Approve 11. FP 04.067 Request for Final Plat approval of 56 single-family residential and office building lots and 6 common lots on 18.94 acres in R-4, R-8 and L -O zones for Larkspur Subdivision by Larkspur, LLC — 2090, 2190 & 2240 South Meridian Road: Table to November 23, 2004 Meeting 12. FP 04-068 Request for Final Plat approval of 10 commercial building lots on 3.80 acres in an L -O zone for Brockton Subdivision by Confluence Management, LLC — 3665 North Locust Grove Road: Approve 13. MI 04-016 Request for a Miscellaneous application approval to allow a one-time lot division to separate an un -platted parcel into two parcels in an I -L zone for Montague-Sauriol. LLC by Montague-Sauriol, LLC — 1127 East Pine Avenue: Table to November 16, 2004 Meeting 14. Public Hearing: PP 04-032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C -G zone for Central Valley Corporate Park No. 6. This is a re -subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by Steve Wensel — 929 South Industry Way: Prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96 - unit apartment complex to a 65 -unit assisted living retirement facility in an R-40 zone for Devon Park II (Fairview Lakes! by Fairview Lakes, LLC — 824 East Fairview Avenue: Prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: MI 04-014 Request to amend the Development Agreement for Lot 1, Block 3, Parcel B of Resolution Subdivision No. 1 by Lombard Conrad Architects — southeast corner of East Overland Road and South Millenium Way: Approve Meridian City Council Agenda—November 9, 2004 Page 3 of 3 Meridian City Council Meeting November 9, 2004. The regular meeting of the Meridian City Council was called to order at 7:20 P.M., Tuesday, November 3, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Shaun Wardle, and Christine Donnell. Others Present: Bill Nary, Will Berg, Anna Canning, Brad Watson, Bill Musser, Kenny Bowers, Doug Strong, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and call the City Council regular meeting to order. It is Tuesday, November 9th. It is 20 minutes after 7:00 and I will welcome you all and -- welcome you all here tonight and ask the city clerk to, please, start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Okay. Item 2 1 have asked our fire chief and deputy chief to, please, lead us in the pledge of allegiance. Will you all raise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Craig Flinn, with Meridian Alliance Church: De Weerd: Thank you. Okay. Item 3 is our community invocation by Craig Flinn with the Meridian Alliance Church. Please join us in the community invocation or take this moment for a moment of silence. Flinn: God, we acknowledge your presence and you, you are a good, you are great. We know your love endures forever and it's new every morning and great is your faithfulness. God, we thank you for this great city that you have built and you are continuing to build and thank you for this team of leaders before me and citizens behind. God, we are in this city together. We pray for vision to be shared tonight from your heart through the presentations and decisions made, that there be wisdom from heaven to see your ways, there will be unanimity and one mindedness in moving ahead. So, Lord, I pray your blessing, I pray for peace, and pray for your provision for this meeting, in Jesus' name, amen. Meridian City Council November 9, 2004 Page 2 of 39 Item 4: Adoption of the Agenda: De Weerd: If you will allow me, I'd like to present you with one of our new City of Meridian pins and thank you for joining us. Before we get to Item 4, Kenny, I would like it if you could, please, step forward to the microphone. Chief Bower. The city missed an opportunity twice now to recognize our fire chief. Chief Kenny Bowers was appointed fire chief on December 30th, 1983, and he became a full time position on October 1st, 1992. We failed to recognize the milestones that we have reached with Chief Bowers and also prior to him being appointed the fire chief he served as a volunteer for both our fire and our police department and so, Kenny, I'd like to take an opportunity to recognize you for your contribution to our community with something. Kenny, this is something that ICRMP had put together at one time and Will got a copy of it with their permission, of course, and got it framed and we would like to present this to you for the years of service to our community and in recognition for your dedication. Bowers: Well, thank you. It's been enjoyable. It's been fun. Thank you very much. De Weerd: So, thank you, Kenny. I didn't want you to get away without me doing that. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move -- well, we are going to have -- I need the resolution number on the resolution disposal or surplus and their consent. Do we have a resolution number? Wardle: 04-05 -- or excuse me. 04-450. Bird: Okay. And also the staff has asked us to -- which we will do when we get to them, is table No. 11 and No. 13, if anybody is here for that. And with that I would move that we adopt the agenda as revised on 11/9/04. Rountree: Second. De Weerd: Mr. Bird? Bird: Yes. De Weerd: In your motion if we could add an item under department reports, Item D, for our city attorney to give a report. Bird: He had already asked and I apologize for that and I would agree if the second would. Rountree: Second agrees. Meridian City Council November 9, 2004 Page 3 of 39 Bird: Okay. De Weerd: Okay. Thank you. The motion is to approve the agenda as amended. All those in favor say aye. All ayes Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of October 5, 2004 Pre -Council Meeting: B. Approve Minutes of October 19, 2004 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 04- 026 Request for Annexation and Zoning of 1.71 acres from RUT to C -G zone for Mountain West Bank by Erstad Thornton Architects — northeast corner of Venture Street and East Fairview Avenue: D. Findings of Fact and Conclusions of Law for Approval: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C -G zone for Mountain West Bank by Erstad Thornton Architects — northeast corner of Venture Street and East Fairview Avenue: E. Water Main Easement for Water Main Easement: F. Streetliaht Agreement for Cedar Springs No. 4: G. Streetlight Agreement for Lochsa Falls No. 9: H. Streetliaht Agreement for Lochsa Falls No. 10: I. Streetlight Agreement for Lochsa Falls No. 11: J. for $523,500: The K. Resolution No. 04-450 Disposal of Surplus Property — WWTP Equipment: De Weerd: Okay. Next item is the Consent Agenda. Bird: Madam Mayor? Meridian City Council November 9, 2004 Page 4 of 39 De Weerd: Mr. Bird. Bird: I would move we approve the Consent Agenda, including Resolution 04-450, and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda. Any further discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. City Clerk — Will Berg 1. Request to Change Date for Public Hearing for Kingsbridge Subdivision Annexation and Zoning, Preliminary Plat, and Conditional Use Permit for a Planned Development Applications: De Weerd: Okay. Item 6. Department Reports. We will begin with our city clerk. Berg: Thank you, Madam Mayor. Even though this probably wasn't my topic, we put it under my department. We had a request made to us in writing -- and I think you have a copy of that in your electronic files -- to change the date for the Public Hearing for Kingsbridge. The applicant's representative explained the situation that he was involved with, that he's asking to change that date, so he can make it to do a full presentation. I believe a representative from this project is also here tonight if you have any other questions to ask them. Thank you. De Weerd: Council, would you like to hear from the applicant or do you have discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd like to hear from the applicant, because we have set this when he was here and never heard anything about him not being able to be here at that time and there was a lot of people here that was under the impression that it's going to be a certain date. De Weerd: Okay. If you will, please, state your name. Meridian City Council November 9, 2004 Page 5 of 39 Clarneau: Madam Mayor, Members of the Council, my name is Randy Clarneau, and I'm the senior partner of Vision First, 661 South Rivershore Lane, Suite 120, in Eagle. 83616. Ken Elliott, who is a senior member of our team, who made the presentation at the last meeting, actually realized later that he is going to be out of the country during that time and because he is a senior member of our team and is probably most familiar with the discussions that have transpired with the neighborhood, with the staff, with the consultants and so forth, I think it would be a mistake to have the meeting without him, since he has a lot of that background and knowledge, and so he has requested on our behalf that we move that and we have also offered to notify the residents and pay for the cost of that or to pay for the cost if the city would want to notify the residents of the date change. And I think it would also, you know, give us a little more time for preparation. Not that we have a tremendous amount of need for that, but certainly would give us more time for preparation. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Yes. Mr. Attorney. Nary: Just for the Council's consideration, because the request came the day of the meeting, the notices -- and I think that's why it's under Mr. Berg's report -- the notices haven't been sent yet. There is adequate time to provide adequate notice under the statute for either the date that we originally set of November 30th or a reset date afterwards. So, it's within your discretion to do either one. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we was to reset that, it would be -- the first available one would be the 14th of December. Would that give -- that gives us time and everything to get it all noticed? De Weerd: And I believe that the offer has been that all of those that have signed up on the sign-up sheet to testify, mailings would be made to them as well? Clarneau. That's correct. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council November 9, 2004 Page 6 of 39 Bird: If he's willing to do that, I'm certainly willing to change the date to December 14th, 2004. Rountree: Is that a motion? Bird: That's a motion. Rountree: Second. De Weerd: Okay. It's been moved and seconded to go ahead and put this to December 14th, with the notification going out to those within the typical mailing area, as well as those that were signed up to testify. So, is there any further discussion? Okay. All those in favor say aye. All ayes. Motion carries. You said aye? Wardle: Madam Mayor? De Weerd: Yes. Wardle: Not having been part of the former, I'm just -- I'm going to abstain. De Weerd: Abstain. Okay. So three ayes, one abstain. MOTION CARRIED: THREE AYES. ONE ABSTAIN. B. Parks Department — Doug Strong 1. Presentation on Adventure Island Playground. De Weerd: Okay. Thank you, Mr. Berg. The Parks Department. Doug, I guess before you go, Mr. Day isn't here yet? Bird: Yeah. He's here. De Weerd: Is he? Bird: He's right there in the back corner. De Weerd: Yeah. Boy, you clean up really nice, Brad. Didn't even recognize you. Well, thank you. Yes. Mr. Strong. Strong: Madam Mayor, Members of the Council, you'd like to start, then, with either this -- the Powerpoint presentation or the appreciation certificate. De Weerd: Yes, please. Meridian City Council November 9, 2004 Page 7 of 39 Strong: Okay. We will start with that. Madam Mayor, Members of the Council, I appreciate the opportunity to spend a few minutes talking about a very perfect partnership that we have going on in Meridian that will leave the City of Meridian with the first universally accessible playground in the state and will be kind of an icon for at least the park system and how partnerships can work to bring something of great benefit to the community. As many of you will recall, because you have been involved with this project from the very beginning, as it started with just an idea or dream and it's taken several years to make some progress to where we, actually, now on this coming Saturday will have the opportunity to open the first phase of the playground. I have a series of slides that show the progress and this -- you see the date it was September 10th, 2003, over a year ago we were out on just open ground at Settler's Park doing ground breaking and it was the opportunity to bring attention that there was going to be a playground there and there was -- at that time there was still, I think, concern that it was really going to happen, but the decision was made to move ahead and get things moving. So, this picture represents what the playground is all about is the opportunity for children of all abilities to come to an area where everyone can play together in a playground that's built to accommodate each of their individual needs and also promote their sensory development and individual development. So, as you can see in the background, the beginning of the excavation that started to form the first phase of the project and it -- there was a lot of underground work, earth moving, thousands of yards of dirt brought in to make the berm that was necessary for -- at the playground. And, then, it was time to start the community build part of the project and on August 25th of this year, all of this equipment that you see moved on these trailers became the first part of the playground to be built in a major community build project. The beginning of the day the site looked like this. As the day progressed on August 30th of the community build day, everything was laid out and over 300 community volunteers showed up to help assemble it and put it all together. So, during the course of the day there was a tremendous amount of activity and as you can see there was dust and noise and people lifting and doing all kinds of things and the guy standing on the ramp can show the OSHA approved -- Bird: I was going to say, all OSHA approved. Strong: -- way not to damage you're hearing is just stick your fingers in your ears. All the pieces were laid out and as you can see that these tops of different pieces of playground had to be manually moved over and put in place and everybody got involved. It didn't make any difference your age or whether you were male or female or what, it was a -- very much a joint event and at the end of the day, about 6:00 o'clock, everybody assembled for a picture and everything was there and in place. Now, in saying that, it doesn't mean that everything was bolted down and secure, it just meant that everything was put in place and, essentially, put together so that the next phase of the project could take place. And, essentially, what that amounted to is all that those pieces of play equipment that you see there that have a foundation or a base either had to be poured in concrete or bolted down. Some of that work was done with continued work by volunteers and much of the work was done by department staff and one of those staff members is here tonight that we will recognize a little bit later that did a Meridian City Council November 9, 2004 Page 8 of 39 tremendous amount of work on this project. I want to point out two things about this slide. This is the day that the surfacing -- the pour -in-place surfacing that we have heard much about in the news recently, was started to be laid out. I want to point out the two yellow poles that are in the parallel bars. You see the round circles at the base of the pole, that shows how they had to be secured. There is actually concrete poured around them and that was done by volunteers to secure them in place. Most of the equipment that you see on the left was, actually, bolted into the cement, which meant holes had to be drilled, bolts had to be put in place, and bolted down and any final adjustments to make sure that everything was plum had to be completed. This first layer of surfacing is about three inches thick. It's a -- it's a much coarser material than the top layer of surfacing and it goes down to form the base and you can't see any of the drainage system there, because they have covered it up, but under this base there is a drainage system throughout the playground that will take any water on the surface down through the rubberized surfacing, this is porous and, then, take it away from the playground, so there is never any standing water on the surface. So, this provides most of the cushion for the playground and it went in around all the equipment. I'm going to skip to another topic here for a minute before we get to the final surfacing. This is the railing that tomorrow morning the first section that's been powder coated and completed will be put in place at the playground is being fabricated in our shop at the department. On the left is Brad Day and on the right is Terry Whipple, our fabrication expert. The design was created by the Land Group and how to put it all together was up to Terry to do and he's been working for over a month now on several sections of the railing. The thing that makes it complicated is there is only one straight section, all the rest of it is cured and goes up and down hill. So, if you have ever seen any metal fabrication, that's not an easy job. This is the section that will be put in place tomorrow and you can see that's what it's going to look like when it comes back with all final welds complete and ground down and power coating in place, so it will be as colorful as the rest of the playground. So, there is still some sections of railing to be completed that you won't see if you're there on Saturday for the opening. We had to bring in domestic water lines and trenching, so that there could be water fountains and such at the playground and, then, this is the final surfacing that's a different kind of grain and it's about an inch thick that's put on top and it provides the color to the playground. This particular piece of playground equipment was installed professionally after the other major section of playground was put in and this is the surfacing around it and you can see some of the designs that are in the surface of the playground to give it kind of appearance of like water and sand and, then, dirt like a beach area. And this is another very colorful area of the major playground area that you saw earlier. This is a section of the playground, some of which was damaged by whatever individuals got in there before it was set up and had been replaced. The blue surfacing was what was damaged that is now, as you can see, in good shape. So, I want to emphasize that we will do our grand opening on this coming Saturday at 1:00 o'clock at Settler's Park and everybody is invited to attend and participate in that and, hopefully, we will have a good day. And with that I also need to emphasize that this is just the first phase. As I mentioned earlier, it's about a third of what will actually end up being in the total playground. The second will be this section, which we are calling fish wreck, which is phase two, and you can see it has also a water theme and it's a zero depth water feature. And I want to read the words Meridian City Council November 9, 2004 Page 9 of 39 from -- that Angela Lindig put in her invitation to come this weekend about this second phase and she said we anticipate phase two will require approximately another 500,000 dollars in order to complete the zero depth splash pad, accessible swings, touchable waterfall, explorative sand area, bolder rock climbing areas and outdoor musical play area, as well as other park amenities, such as benches, tables, and shaded gazebos. All of these components will create a unique and sensory rich play area for kids of all abilities. And I think that's really the key to this entire playground is that it will be unique in the state and there isn't any child that would not be able to play here in some form or fashion and find a very sensory rich experience. So, with that I would entertain any questions you might have before we move into the next phase. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The only thing I'd like to have Doug testify on to start with, this is something that's a win-win for the city, because they are helping do this and, then, they turn it over to us and it's for the whole community. I mean it's for the whole Treasure Valley. It's the only one in here and I'm just very proud that we were the ones that got to select it and the ones that got to put it in. De Weerd: Thank you. Strong: Thank you. Actually, Councilman Bird, you bring up an important point. When we planned the opening on the 6th there was a family from Ontario that had actually planned to come over for the opening. So, I think it will reach out to the entire valley and beyond, because it will -- it is so unique in the state and especially in this area. De Weerd: Well, this is certainly an amenity not only for Meridian and the region, it will be a one of its kind in the state of Idaho and they have found that throughout the country there are very few of these and they do have a wide appeal to a wide area surrounding where they are located, so people will travel miles where their kids can play together on such a facility and I guess, Doug, when we began dreaming about this playground, we never thought angles and curves and those kind of things. So, that -- which brings to the table a lot of people make these things happen and, actually, Becky McKay and her husband were an integral part of some of the underground work and appreciate that. It does take a lot of people. This has been a real community based effort, certainly spearheaded by Angela and she -- she and her husband Darin have been tremendous behind this. But also our staff as well and, Brad, we wanted you to be here today, because we wanted to recognize that -- I know this is part of your job, but you took it above and beyond. You have spent countless hours and maybe before I present you with a certificate of appreciation, I'd like Doug to expand on that. Meridian City Council November 9, 2004 Page 10 of 39 Strong: Thank you, Madam Mayor. I think with any project like this, as you have mentioned, there is certainly a long list of people that have made contributions to the project by community donations and community volunteer work. When that work is complete oftentimes what's left is the refinement of their efforts might be one way to say it. Like I mentioned, all of that equipment that was put in place needed to be bolted down, it needed to be trued up with levels and plums to make sure that everything fit like it was supposed to and transition points were smooth, so that kid in wheelchairs could navigate around the equipment safely without any barriers at all and I think in each department there is always somebody that brings a unique set of skill sets that really contribute to getting that kind of very unique kinds of job task completed and certainly on this project Brad Day is the person who brought all that. He drilled all the holes I think in the concrete, put in all the bolts, made sure everything was plum. And, then, when the pour -in-place surfacing fellows got there, they informed him that the bolts were too tall, too high, you need to grind them off, so he was the guy that got to grind them down to the right height so that the pour -in-place surfacing could go over them and just one challenge after another it seemed like and has also provided some of the assistance that Terry Whipple has needed in the construction of the railing. So, we are very pleased to have Brad in the staff. Like I say, he brings a unique set of skills to the department that without his expertise there is a lot of things that we would have to hire done or it wouldn't get done. So, appreciate all that Brad does. De Weerd: Brad, if you will, please, come forward. It's a small token of our appreciation, but we would like to recognize you for your efforts and what a great legacy that you had a big role in creating for our community and our region. Our certificate is to acknowledge your dedication and hard work on Adventure Island Playground Project and we gratefully appreciate your outstanding efforts. Thank you. You know, I also have one for you, Doug. You know, it's not often we get a chance to recognize our staff for their contributions and oftentimes we -- or too often we take for granted a lot of the tremendous work that's done in our community and, Doug, we appreciate the leadership you have given to this project in making it happen and tying up the loose ends and we have seen you out there on weekends and in evenings and we know the countless hours that you have put to this project as well and we appreciate your dedication to this. It's going to mean a lot to our community and we look forward to the grand opening on Saturday. So, I hope you're all able to join us and, Kitty, we sure have appreciated the coverage that the paper has given this and the profile, because it is a very important day, in particular for a large group of volunteers. We had over 300 people show up to -- you know, I like to use the paper's figure more than I like to use Doug's. They said 500. So, we had a lot of people show up on build day and really shows what support we do have in this community. Okay. Donnell: Madam Mayor? De Weerd: Oh, I'm sorry. Donnell: I just wanted to add that it would be really neat if down the road we could see some pictures of it when it's full of children using it. Meridian City Council November 9, 2004 Page 11 of 39 De Weerd: I think you will be able to see that on Saturday Donnell: Good. I will be there. C. Mayor's Office 1. Mayor's Report. De Weerd: Good. My report, I am very excited to tell you that the Mayor's Youth Advisory Council, we have 14 kids that will meet at the end of the month for its very first Mayor's advisory youth -- or Youth Advisory Council. We had 25 applications or applications of interest submitted and we allowed up to 15 kids in our original vision of this and thought we would start with 14. We have a 50-50 split and that wasn't done on purpose, it just happened to fall out that way, of seven females and seven males. We have -- four members are 15, six members are 16, and three members are 17, which means two of those members are seniors and will open up seats -- for sure seats for the following year, but we have a great diversity of kids to really I think give a real diverse look on our Mayor's first Youth Advisory Council. I would like to ask the Council if any of you have an interest, I would like to have a Council member that can also be a liaison for Council on this group. If anyone has an interest I would certainly welcome your participation. And I guess you can tell me in private if you want to. Either that or I'll just appoint one of you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If somebody don't step forward, I will be glad to do it. De Weerd: Thank you, Mr. Bird. I appreciate that. It's really exciting. What we are going to do the first time is bring them in for pizza -- Bird: And I know I'd like that. De Weerd: Oh, sorry, I would have gotten all of you volunteering. I'm only going to feed one of you. But we will give a little bit of the history and background, do an ice breaker and find out what their vision of this is. The first meeting the beginning of the year we will bring kids from Caldwell and Nampa to talk about what they have been doing in their youth councils, to give them an idea as they look at the draft of bylaws we have already prepared, how they envision this group being and how they interact with Council and city -related issues. The ten other kids that applied -- or eleven other kids that applied, we will try and get them in Meridian's Promise, on the parks commission, on the historical preservation commission. We have several different opportunities for them. So, we will engage all of these students that have indicated an interest. Meridian City Council November 9, 2004 Page 12 of 39 De Weerd: Okay. Item D is our city attorney. D. Attorney Bill Nary Nary: Madam Mayor, Members of the Council, after all those very feel good things, I hate to be the next one on the agenda. I did just want to make you aware you did have in your boxes tonight we have had a request for both a reconsideration, as well as request for a takings analysis, which is a statutory option that's been in place for about two years in this state when you have an application or a permit denied, you have an opportunity to request the governmental entity to provide you an analysis as to why -- or how that may affect you. This is on the Leeshire property that was denied as a final decision of denial -- or the finding were approved on the 12th of October. The one thing that happens statutorily from that when a takings analysis is requested, it does toll the time in which to request a review by the Fourth Judicial District Court. Ms. Butler represents the developer Mr. Tapola and she had requested a second reconsideration. The Council recalls this was denied initially in September. They requested a reconsideration prior to the end of September, but also prior to the findings actually being prepared. And so at that -- at that point the reconsideration was not granted -- or not considered, because there were no findings before this Council. When it was raised again in October and the findings were before this Council, no one specifically requested a reconsideration again at that juncture, so the findings were approved. What I will do before next week's meeting is provide you with some information as to your options in dealing with that if you wish. I also wanted to advise you today that we did receive an inquiry and I think you should have a letter from an attorney that is going to be filing a petition for review and I think Mr. Berg and I came to the conclusion that this is the property at Ustick and Eagle that we believe was -- the Ruwe property has already been annexed, but it was not approved? Is that correct, Mr. Berg? Is that the property I think we are talking about. They didn't identify it in the letter, but I think that's who -- I think that's who these folks represent. So, they are going to file a petition for review. I did want to advise you of that formally and also as I anticipated -- was hoping to avoid this in the first month I was here, but that didn't work out so well. We will probably likely need to contract this particular matter out to probably White Peterson to handle, since they have handled our other cases such as this. We don't get very many of them and I was hoping we wouldn't have one right away, but due to the time and the need that this type of conditions for review take, it is probably going to be best off for the city to have an outside firm handle this particular one. I did also receive a call today and the lady's name escapes me. I think it's Burn. It's the request -- is that the right name? Canning: Donna Born. Nary: Born. That's right. I'm sorry. Thank you. I did receive a call today from Ms. Born. This is, if you recall, Council, this was the denial of a variance for a garage that was about sometime in the month of October that that was denied and she was also seeking a petition for review. I am going to recommend she seek counsel for something like that and have a conversation with her. I think Mrs. Canning and I were going to see if there was something we could do to resolve that matter short of that, but I wanted to Meridian City Council November 9, 2004 Page 13 of 39 advise you that that did come today and so we may be seeing another petition as well and, ultimately, I think on Leeshire that's certainly a possibility. So, all of those -- all of those possible scenarios I wanted to bring to your attention and, again, knew you had some of that documentation, but not all of it, so I wanted you to be aware of it tonight. That there must be something good next, so -- Item 7: (Items Moved from Consent Agenda) De Weerd: Well, Mr. Nary, I appreciate you keeping our feet on the ground. Okay. We did not move any items from the Consent Agenda. Item 8: Tabled from November 3, 2004: FP 04-063 Request for Final Plat approval for 50 single-family residential building lots and 13 common lots on 15.34 acres in a R-8 zone for Sheridan Place Subdivision by Robert Chavez — east of North Locust Grove Road and north of East McMillan Road: De Weerd: So, we will move to Item No. 8, tabled from November 3rd, on FP 04-063. I'll begin with staff comments. Canning: Madam Mayor, Members of the Council, this was the final plat for Sheridan Place Subdivision, which is located on the north side of McMillan Road east of Locust Grove. Now, that I have those streets down. The item was tabled in order for staff to prepare a little more information on a driveway for an existing residence located in the southwest corner of the proposed subdivision. Council had asked for more information. We did have a -- the original conditions of approval had a note restricting access to McMillan Road. The applicant had responded saying that that driveway had been approved by ACHD during the preliminary plat process. I did go back to staff and ask them to research what we had known and what information we had conveyed to the Planning and Zoning Commission and to the City Council on this item when the preliminary plat went through. You do have a memo from Steve Siddoway regarding the issue and I'll try and summarize it briefly. Mr. Siddoway was not fully aware of the driveway access -- taking access from McMillan Road. The landscape plan that he reviewed in his review of the subdivision did not have the driveway shown. There were subsequent copies of the preliminary plat that refer to an existing driveway to remain. Sometimes that's shown at the subdivision boundary, sometimes it's referencing a driveway that straddles the subdivision boundary, so -- and in all cases the landscape island is always shown as having sod and a driveway and more sod. So, it is not clear from those drawings, especially the landscape drawings, although there is the call out on the preliminary plat. Steve did attend a tech -- Ada County Highway District tech review on this subject and at that time the item of discussion was -- did not focus on this -- to his knowledge it was -- it was not discussed at the tech review he was at. I think there was more than one tech review on this project and that could have occurred at that time. The items of discussion at that -- at the tech review he attended were this item -- this area here and whether it could be accessed from a separate cul-de-sac street. That was the primary issue discussed. Becky McKay did send an e-mail to me Meridian City Council November 9, 2004 Page 14 of 39 yesterday. I didn't notice that the clerk was not cc'd, so that did not get down to you all for your packet. She is here and has comments -- basically a rebuttal to Steve's letter. I did try and -- I also received an e-mail from Lori Dunn-Hartog from Ada County Highway District saying that ACHD had discussed it in their staff report and we did recognize that it was in the ACHD staff report. Our staff does not -- did not have that staff report at the time they wrote theirs. It received the ACHD staff reports afterwards. And I did ask her to -- if she could verify when tech reviews were done, if there is more than one, and who was in attendance at the time. I did not receive a reply from her on that -- on that request. And with that I will end staffs presentation. De Weerd: Okay. Council, any questions at this point? Bird: I have none, Mayor. De Weerd: Mrs. McKay, do you have anything to add? McKay: Madam Mayor, Members of the Council -- De Weerd: Please state your name and address. McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. I was not able to attend last week's meeting due to illness. Sheri came over in my place. Some confusion, obviously, arose over the driveway issue. The memo that I sent Anna, I'd just kind of like to go through it, since it was not part of your packet. The existing driveway to the existing home was delineated on all preliminary plats, including the one that was referenced in our development agreement. At Ada County Highway District at tech review we did discuss the driveway and Ada County Highway District's staff report reflects that on page eight. May I quote: The applicant is proposing to utilize existing 20 -foot wide driveway that intersects McMillan Road. They incorrectly put at the east, but it should have been west property line. This driveway is proposed to serve the existing single-family residence and is proposed to intersect with McMillan Road approximately 115 feet west of Schubert Way. The applicant is proposing to utilize existing driveway due to the fact that the existing home and garage are oriented in such a way that the garage could not be accessed from North Schubert. District policy requires driveways on arterial roadways with speed limit of 50 miles per hour to offset a minimum of 255, but it is supportive of the applicant's proposal to utilize the existing driveway. And, then, it goes on to say staff is supportive of utilizing the existing driveway due to the fact that the home is oriented in a manner that the homeowner could not access the garage from Schubert Way and a single family is anticipated to generate approximately ten vehicles trips per day. They also qualified that stating that if the home were ever removed from the site or the use happened to change, that, then, access would be required from Schubert. Obviously, with this in our ACHD staff report, this item was discussed at tech review. The confusion arose between -- if you recall correctly -- I know you hear so many of these they kind of start blending together. I have a hard time keeping my own stuff straight some days. There was a 25 -foot access easement that was recorded on this property and 25 feet that was recorded on the Meridian City Council November 9, 2004 Page 15 of 39 adjoining property to the west. There was a discussion by Mr. Buckley, he wanted compensation for that. Canning: Becky, can you use the laser pointer up there, so everyone can see? McKay: I'm sorry. It was located here on the west boundary. I believe the confusion that arose was the issue of Mr. Buckley. The driveway -- there is no access straddling the property line. The only driveway is to the existing home, which is located right here. We kept putting on here existing home, existing driveway to remain, and if one goes out in the field there is one existing driveway into the subject property, which goes into this house, and so I don't know whether staff got confused about the issue of the easement from Mr. Buckley and this property, which we did work with Mr. Buckley, my clients purchased -- or compensated Mr. Buckley in exchange for relinquishment of this 25 -foot old easement that was adjoining his boundary and it was also existent on his side. My clients have spent a considerable amount of money, approximately 53,000 dollars updating this home, re -roofing it, making it an asset to this neighborhood that they are trying to create. Obviously, they want to make an impression when someone comes in and this house had to be updated and enhanced. There was one -- the original landscape plan that was submitted did not reference the existing driveway and it was not shown, but when we resubmitted our landscape plan prior to Council on 4/26/04, the revised plan stated the existing driveway would remain. We've never tried to mislead the staff, mislead the Council in any shape or form and if you look at this plat, the home -- the garage is -- I have kind of highlighted in that yellow. The outline of the home is in purple. The only way to get into that garage is along this western boundary. I have approximately eight trees that are -- a lot of them are very mature and we have been working with the city arborist as far as we had a couple out here that we were trying to avoid with our sidewalk. If I -- if we have to bring a driveway around here, one -- my client has tried to get a vehicle this way and make the turn, we can't. It's impossible. There will be no backing motion into the arterial and I believe that was a hot button issue on another one of these questions of driveways directly coming off an arterial. They will be backing out and coming out front ways. I don't -- anytime I can avoid any direct lot access on arterials we do. We go to great pains. This particular orientation of this home in westward fashion with the driveway facing due west and this being technically the rear yard where all of the landscaping that is existing is -- that is going to have to remain, I don't have any other option and I'm not -- I don't believe I'm coming at the 11th hour. This has always been on our plan, it was just confusion. So, hopefully, that is clarified for the Council what's transpired. And to my knowledge we did not have any condition on the preliminary plat that I can recall that said no direct lot access to McMillan. Otherwise, we would have been arguing that before the Council and it would have been of record. Do you have any questions? De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council November 9, 2004 Page 16 of 39 Bird: I have to agree with Becky that we did discuss that. We knew it was there. It just goes into the existing house. It's on the west side and not the east side. I don't recall any condition -- I mean I'd have to look back at the minutes -- any condition regarding that being not usable for that one house on the west side. So, I would have to agree with her on that point. De Weerd: Okay. Any others comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I had a question. Is this point of access actually in the subdivision or is it adjacent property on an easement? McKay: No. It is a lot in the subdivision. The existing home? Rountree: No. The access point. McKay: The access point is on the subject property. Yes, sir. It is not on the adjoining property. No. Rountree: Okay. It's on the far western boundary? McKay: It is on our far western boundary, yes, sir. De Weerd: Any other questions? Okay. McKay: Thank you. De Weerd: Thank you. Okay. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve FP 04-063, Sheridan Place Subdivision and also leave that existing driveway for the existing house and lot to only service that house and lot. Donnell: I will second that. De Weerd: Okay. The motion is to approve with the existing driveway and with the condition that there is a change of use that that would be -- Bird: Yeah. You bet. Meridian City Council November 9, 2004 Page 17 of 39 Canning: Madam Mayor, just for clarification of the motion, the applicant had requested some specific wording and we went over this last week. I'm sorry, I should have refreshed your memory -- that some specific wording on conditions number 11 and, then, 16, note 18. On eleven it would be to strike the first sentence saying the existing house on Lot 9, Block 5, will be required to take access from North Schubert Way. So, that would be struck. And, then, on condition number 16, just strike note 18 and, instead, replace it with the language proposed by the applicant in their letter dated October 29th, which states that utilize the existing 20 foot wide driveway that intersects McMillan Road at the east property line as proposed. Oh. I'm sorry. On note 16 it would be except for the cross -access easement shown for Lot 9, Block 5, direct lot access to East McMillan Road is prohibited. Bird: That's true. De Weerd: Okay. So, to include applicant's comments? Bird: Yes. And also staff comments. De Weerd: Via her letter? Bird: Yes. De Weerd: Okay. Is there anything further, Council? Okay. Mr. Berg. Roll -Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY Item 9: FP 04-065 Request for Final Plat approval of 57 building lots and 6 other lots on 17.29 acres in a R-8 zone for Redfeather Estates Subdivision No. 4 by Packard Estates Development, LLC — south of East Ustick Road and east of Eagle Road: De Weerd: Item 9 is FP 04-065. Canning: Madam Mayor, Members of the Council, this is Redfeather Estates No. 4. It's on the south side of Ustick east of Eagle Road and this is a request for 57 residential building lots and six common lots on 17.29 acres. The area for the preliminary -- or the final plat is shown here in red on the preliminary plat. And here it is. It has a gross density of 3.3 dwelling units per acre and a net density of 3.98 dwelling units per acre. The applicant did receive approval for a planned development that allowed for reductions to the minimum lot size, minimum street frontage, minimum house size. The proposed final plat is in substantial compliance with the preliminary plat. They did add a micro -path to Lot 30, Block 17, which contains a subsurface storm drainage pond and Meridian City Council November 9, 2004 Page 18 of 39 staff felt that it still complied with the approved preliminary plat. Staff is recommending approval of this final plat. De Weerd: Okay. Anna, did we receive word from the applicant? Do they agree with all the comments? Canning: I do not have a letter from the applicant on this one. They are indicating that they are in agreement. De Weerd: Okay. Canning: It's not in my file. De Weerd: Thank you. Council, do you need any further information? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no need for further information, I move that we approve FP 04-065, final plat for Redfeather Estates Subdivision No. 4. Rountree: Second. De Weerd: Okay. The motion is to approve Item No. 9. If there is no further discussion, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. De Weerd: Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: FP 04-066 Request for Final Plat approval of 27 building lots and 1 other lot on 7.38 acres in a R-8 zone for Redfeather Estates Subdivision No. 5 by Packard Estates Development, LLC — south of East Ustick Road and east of Eagle Road: De Weerd: Item 10 is FP 04-066. We will start with staff comments. Canning: Madam Mayor, Members of the Council, again, this is Redfeather Estates. The circled area was -- for the final plat is shown on the preliminary plat and as you will see, it is in substantial compliance with the approved preliminary plat. The applicant is requesting 27 building lots and one common lot on 7.3 acres. So, the gross density is 3.66 dwelling units per acre and a net density of 4.58. The subdivision, again, had reductions for lot size, street frontage, and house size and the final plat is in substantial Meridian City Council November 9, 2004 Page 19 of 39 compliance with the approved preliminary plat. I do have a letter from the applicant stating that they are in agreement with the conditions of approval. And I did on the other one, too, just for Mrs. McKay's good name. She did give me a letter on the last one. It was hidden in my file. I'm sorry. With that I'll end staffs presentation. De Weerd: Okay. Council, any further information? Bird: I have none. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 10, PP 04-066, final plat for Redfeather Estates Subdivision No. 5. Donnell: I second. De Weerd: Okay. It's been motioned and seconded to approve Item 10. Any further discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: FP 04-067 Request for Final Plat approval of 56 single-family residential and office building lots and 6 common lots on 18.94 acres in R-4, R-8 and L -O zones for Larkspur Subdivision by Larkspur, LLC — 2090, 2190 & 2240 South Meridian Road: De Weerd: Thank you. This next item there is a request to table this, I believe. Bird: Yes. De Weerd: Okay. I would entertain a motion. Rountree: So moved. Bird: What date, Charlie? De Weerd: To what date? Rountree: Did we have a request for a date? Meridian City Council November 9, 2004 Page 20 of 39 Canning: One week should be sufficient at this time. Part of the issue was that they needed to coordinate with Mr. Freckleton. We are hoping that we can still get that resolved by the end of the week, but if we -- we may need to put it off two, but we had committed to one previously. De Weerd: Okay. Rountree: We had committed when? Canning: Well, we had led the applicant — staff had hoped that we could get the applicant taken care of in the next week, but -- of course, you make the decision, so that was -- Rountree: I get a sense that -- I move that we table that until our regularly scheduled meeting on the 23rd of November. Bird: Second. De Weerd: Okay. The motion is to table Item 11, FP 04-067, to November 23rd, 2004. All in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: FP 04-068 Request for Final Plat approval of 10 commercial building lots on 3.80 acres in an L -O zone for Brockton Subdivision by Confluence Management, LLC — 3665 North Locust Grove Road: De. Weerd: Okay. Item 12 is FP 04-068. I'll start with staff comments Canning: Madam Mayor, Members of the Council, this is the final plat for Brockton Subdivision, which is south of Heritage Commons on Locust Grove Road north of -- I'm not even going to get myself in trouble with that. North of Ustick. Thank you. This is a final plat for ten commercial building lots on 3.8 acres in an L -O zone. This was the approved site plan and I'm showing you this one, because when we go to the final plat you will see that it doesn't convey as much information. So, this was the approved preliminary plat. This is the final plat. The final plat is in substantial conformance with the approved preliminary plat and staff is recommending approval and we do not have a letter from the applicant on this one. De Weerd: Okay. Is the applicant here tonight? No letter? McKay: Madam Mayor, Members of the Council, we received the staff report this morning, but I know Mr. Freckleton's had a loss in his family, so, obviously, that's fine with us. I did not have opportunity to respond, though. We have read the conditions and we are in agreement with the conditions. There was only one item that I did want to mention to the Council and that's site specific 5-C. We have a detached meandering Meridian City Council November 9, 2004 Page 21 of 39 five-foot sidewalk running along Locust Grove Road in our 25 -foot landscape buffer. According to staff, based on the current landscape ordinance, it states that the five-foot sidewalk cannot be part of that 25 feet, you have to allocate at least 30 feet, because you have to subtract the five feet. So, therefore, staff has stated to move the sidewalk into the right of way or allocate additional room and I'd just like to mention that that's kind of crazy and I know the highway district mentioned it to us the other day that they are working with the cities to try to get them to count that, because we are creating a lot of better pedestrian friendly environment if we can detach these sidewalks away from the back of curb. This is going to be a five -lane highway in the future and if I can get it in this 25 feet and meander it, it looks better, it's more pedestrian friendly. I don't know if the Council has the ability to make any waivers or adjustments to the landscape ordinance, but this is a situation that I hate to move that sidewalk up back into the right of way. The other thing I'd like the Council to realize is this is not -- Locust Grove is not in the 20 -year plan. So, my client doesn't have to dedicate any right of way along Locust Grove. We did have a condition that said to try to preserve it and the district -- or the highway district will not purchase it, but I have convinced my client to go ahead and dedicate that ten feet, which is, obviously, a donation to the highway district for that future five lane highway, but, yet, we are being penalized by putting our sidewalk in our 25 foot landscape buffer. That's it. That's the only thing I got on that one. De Weerd: Very nicely put, Becky. Thank you. Council, any questions? Okay. Council -- or Mr. Attorney, do we have this -- does Council have the flexibility to accept the sidewalk in the landscape plan? Canning: Madam Mayor, Members of the Council, before -- Nary: If Mrs. Canning wants to chime in, I certainly would be willing to hear that De Weerd: Anna. Canning: We have used the alternative compliance section of the landscape ordinance to negotiate alternative landscaping requirements. Technically, it's my approval, but, of course, I would do the Council's bidding on this issue. But it is generally addressed through alternative compliance and so the next question would be what is the alternative. That's generally what I say when asked for alternative compliance, I say, well, what is the city getting in return. De Weerd: So, I guess Mrs. Canning has the final say, but you certainly can give your direction. Nary: Madam Mayor, Members of the Council, I think that the only consideration you may want to put around that, as Mrs. Canning said, is what is the alternative that they are complying with, because this is not an uncommon request from -- from different developers to count that type of addition as part of landscaping and, generally, that has not been approved. It has been on occasion. So, I think to help the planning staff, I think if you want to do that, you certainly need to -- it would be helpful to give them Meridian City Council November 9, 2004 Page 22 of 39 some direction as to what standards you want Mrs. Canning to apply in the future to that. De Weerd: Well -- and I guess just an observation with -- when Anna notes what do we get in return, dedication of right of way is certainly nothing to blink at and appreciate that as well. So, Council -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 12 for the final plat for Brockton Subdivision with the staff comments and the direction from Council that the sidewalk be approved through alternative compliance available through the city landscaping ordinances based on information provided by the applicant. Bird: Second. De Weerd: Okay. For clarification that information by the applicant would be the dedication? Rountree: Dedication of the additional right of way for future expansion of Locust Grove. De Weerd: Thank you. Okay. Any further discussion, Council? Okay. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: MI 04-015 Request for a Miscellaneous application approval to allow a one-time lot division to separate an un -platted parcel into two parcels in an I -L zone for Montague-Sauriol, LLC by Montagu e-Sauriol, LLC — 1127 East Pine Avenue: De Weerd: Okay. Thank you. Item 13 has also been requested, I believe, as well -- Bird: Yes. De Weerd: -- to table. Mrs. Canning. Canning: Madam Mayor, Members of the Council, one week will suffice for this tabling. It was tabled at staffs request to reconsider some additional information given by the applicant. De Weerd: Thank you. Meridian City Council November 9, 2004 Page 23 of 39 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we table Item 13 until November 16th. Wardle: Second. De Weerd: Okay. The motion is to continue Item 13 to 11/16/2004. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Item 14 we are in the Public Hearing section of our agenda, Items 14, 15, and 16. We are required by our code -- or our ordinances to have anyone desiring to provide public testimony to, please, be sworn in. So, if you would like to provide public testimony, if you will, please, raise your right hand. Will the testimony you provide tonight be the truth, the whole truth, and nothing but the truth, so help you God? If so answer I do. (Affirmative answers.) De Weerd: Thank you. And we still haven't changed that ordinance. Nary: We are getting there. Item 14: Public Hearing: PP 04-032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C -G zone for Central Valley Corporate Park No. 6. This is a re -subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by Steve Wensel — 929 South Industry Way: De Weerd: Okay. I will go ahead and open Item 14, Public Hearing PP 04-032 with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for a preliminary plat approval of an eight lot commercial subdivision on 3.86 acres. It's on an existing -- actually, two existing platted lots in Central Valley Corporate Park Subdivision and they are shown with the hatch mark here. The site may be familiar to you as the one where when you turn up that road there is the basketball court at the end of it. It's right across from the Compass building. The property is currently zoned C -G and it is designated as commercial on the Comprehensive Plan. The proposed site plan shows four structures, one, two, three, four. And three of the structures would feature multiple zero lot line units, so the lot line would run through the structure, but they would be on individual lots. They are not proposing to condominium-ize the facility. The Planning and Zoning Meridian City Council November 9, 2004 Page 24 of 39 Commission is forwarding a recommendation for approval. They held a hearing on October 7th and they did vote to approve with conditions. It was all ayes for both applications. Actually, there is only application before you. The summary of the Public Hearing, staff did the presentation, the applicant did not testify, so there was no -- no testimony in favor or opposition or commenting. The key issues of discussion were the existing pocket park and I wanted to explain this little pocket park a little bit. As this application went through the City Council on the Planning and Zoning Commission, that park was never shown. It was not a condition of approval, so it was not required that the applicant construct that park. They just thought it might be a nice thing for the people that were using the subdivision. So, they installed it after all approvals. So, their previous approvals were in no way tied to this little pocket park that's on the site. So, a lot of the discussion focused around that and they did also discuss staffs special considerations and I'll go back and hit some of those. Just a moment. One was the future parking. The buildings are proposed as what's called flex space these days, which would be a combination of some office space, some retail show room space and some warehouse space and if -- if every structure or everything were to go to a full retail, they would not meet the parking requirements for our ordinance. Now, we don't anticipate that in this area. A lot of the other areas -- uses in the area are a much larger box -- I mean Winco and Home Depot are immediately to the west of this and, then, on the east side we have some office spaces. So, we are not anticipating a full retail build out of this property, but there were conditions raised that when those CZC or the tenant improvements are approved, we do need to review some of those parking requirements to insure that there is adequate parking in the future. Then, as I mentioned, the existing park and the landscaping and saving the mature trees that are on the site were discussed as well, in the staff report, as well as at the hearing. There were some concerns about the trash container and its location within a Nampa -Meridian Irrigation District easement and, then, the building setbacks. Some of the lot lines do not accommodate a 15 -foot front setback as required in the C -G. There is room for them to move those lot lines out and meet those building setbacks as required. So, those comments were incorporated into their recommendation. However, staff would ask that the City Council clarify a couple of those. One is the park -- pocket park. Again, this -- the condition that -- site specific condition number 16 now states that the applicant should submit details regarding the amenities planned in the proposed relocated park and work with Meridian's parks department on mitigation and relocation of existing trees. Again, this was not a required park, so staff recommends that the City Council clarify that amenities are not actually required for this subdivision and, therefore, the applicant would not need to post surety with the city engineer. They have proposed to create a new open space on the site, so, again, that was kind of a voluntary basis. It wasn't -- staff did not see it as a requirement for this subdivision. Secondly, staff recommends that the City Council clarify that all the tree mitigation measures be included on the final plat landscape plan. And, again, that's the existing trees around the pocket park. The second outstanding issue before City Council was the trash enclosure with regard to the Nampa -Meridian Irrigation District agreement. Site specific condition number 17 requires the applicant to obtain a license agreement from Nampa -Meridian Irrigation District to locate the trash container. Staff recommends that the City Council clarify that its condition is not a plat condition, but a license agreement Meridian City Council November 9, 2004 Page 25 of 39 should be provided with the first certification of zoning compliance application submitted with this application. So, it shouldn't be tied to the final plat, as much as it should the certificate of zoning compliance. And with those -- those were the outstanding issues and I will end staffs presentation and answer any questions you may have. De Weerd: Okay. Council, any questions for staff at this time? Bird: I have none, Mayor. De Weerd: Okay. Do you have -- Rountree: Madam Mayor? De. Weerd: Yes, Mr. Rountree. Rountree: The question came up about the pocket park, but my recollection -- this is going to be a stretch back to the way back -- that might have been included because some of the original discussions in this particular development were that those kinds of things were to be included, but most specifically a network of pathways were to be included in developments in this area to provide an opportunity for pedestrian traffic, as well as leisure use of the employees that would be either in office space or in industrial or commercial use. So, has that provision been accommodated? Is there a continuity in the pathway system in and around this particular parcel? Canning: Madam Mayor, Members of the Council, I know that when the property to the north of this was developed as the parking lot for the -- now, wait a minute. That's not right. I am not aware of any pathway system through here. Rountree: Okay. Canning: I did ask staff to double check that that pocket park was not a required amenity and I know that they researched that issue. Council -member Rountree, I had not heard the issue of the pathway raised. We can go back and review that and look through those minutes, but I did specifically make sure that there was not a required open space amenity and I would have thought that they would have found the references to the pathway when they were looking for that, but I did not ask them to specifically look for that. Rountree: Thank you. De Weerd: Well, Anna, I appreciate your sensitivity to -- to the open space, because that -- whether it was required for that particular site or not, it's an amenity within the park itself that I think the other parcels enjoy it and I appreciate the applicant is still maintaining an open space amenity, so -- is the applicant here? Would you like to come and comment? And I'm assuming that you were sworn in. Meridian City Council November 9, 2004 Page 26 of 39 Wensel: No, I didn't. De Weerd: I know. I didn't see you lift your arm up. Wensel: I was hoping to get away with it. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Wensel: Yes, it is. De Weerd: Thank you. Please state your name and address. Wensel: Madam Mayor, Members of the Council, my name is Steve Wensel, 7886 Joplin Road, Nampa, Idaho. 83687. De Weerd: Thank you. Wensel: In reference to specifically the open area amenity, we do feel like it's important to have a place for people to relax. That park has been there for several years and we have felt it was important, not only for our site, but for the entire development, to -- where we are trying to optimize the use of the site, still retain a -- kind of a welcoming feel there and also break up the drive as you're coming across the front of the site. The new plan for the park is not going to include a basketball court, but it is going to have the walkways, we will have good nicely maintained landscaping and I think it will be a nice continuation of what's planned to be happening there. De Weerd: Thank you. Council, do you have any questions for the applicant? Bird: I have none, Mayor. De Weerd: Okay. Thank you so much. Wensel: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone else in the audience that would like to offer testimony on this application? Okay. Council, is there any further discussion you need? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Not seeing anyone giving public testimony, I move that we close the Public Hearing on Item No. 14. Meridian City Council November 9, 2004 Page 27 of 39 Rountree: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Rountree. I'm sorry. Mr. Wardle. Bird: Mr. Armstrong. Come on. De Weerd: Oh, I'm sorry. I don't go that - Wardle: Thank you, Madam Mayor. I move that we approve Item No. 15, PP 04-032, preliminary plat for Central Valley Corporate Park No. 6, to include the comments that the amenities, which are going to be mitigated, are not required to post surety with the city engineer, that the tree mitigation be included on the final landscape plat and that the irrigation -- or the agreement with Nampa -Meridian Irrigation not become a plat condition, but be required to be in place before a certificate of zoning compliance is issued. Donnell: I'll second that. De Weerd: Okay. The motion is to approve Item 14 with the amendments as noted. Is there any further discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96 - unit apartment complex to a 65 -unit assisted living retirement facility in an R-40 zone for Devon Park II (Fairview Lakes) by Fairview Lakes, LLC — 824 East Fairview Avenue: De Weerd: Thank you. Item 15 is the Public Hearing on CUP 04-037. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a request to modify the Conditional Use Permit for Fairview Lakes, also known as Devon Park. As you know, the property is located on the north side of Fairview Avenue and has been partially developed, although its not shown on this aerial. The portions to develop at this point have been the -- the driveway is installed with the light at North Lakes Boulevard and, Meridian City Council November 9, 2004 Page 28 of 39 then, also the Hastings building has gone in. The area in question is at the north end of the site toward the back and as shown here in red. The northern portion of the property was originally approved for 96 apartment units. I believe that's the correct number. The applicant is now asking for a 40,000 square foot, 65 unit assisted living facility. The master site plan shows two future phases, one for the independent senior living units and, then, the other for the future building, which is on the west side of the property. We have the detailed information, I believe, on the assisted living facility and the independent living facilities and I may need some help from the applicant on this when he comes up, but I believe the one that we don't have the detailed information for is the building on the west. There was a lot of discussion and a lot of questions as this application came through on how to best match up the independent living facilities and the assisted living facilities with the classifications used in our zoning ordinance, specifically the term nursing home, and that became quite a bit of the discussion at the Planning and Zoning Commission and I will get to that in a moment. I will move forward to the recommendation. I'm going to let the applicant provide a little more detail on the actual design and layout of the project. I'm going to move forward to the recommendation from the Planning and Zoning Commission, which was for approval. They held their hearing on October 7th, 2004. The applicant Doug Tamura and Linda Hines, the future operator of this facility, as well as John Bernard, a neighbor, testified in favor of the application. No one testified in opposition. Staff commented and Brad Hawkins -Clark was the presenter or the -- and had prepared the staff report. The key issues of discussion by the Commission were the definition from the state of Idaho versus the city regarding nursing home, retirement center, and assisted living. And also the multi -use pathway location and the Jackson Drain tiling. As some of you may remember, when the apartments came through, the Jackson Drain was left open and used as an amenity for the property. They have now requested that that be tiled. Also, on the original preliminary plat there was the multi -use pathway came up -- sorry. Wrong way. Came up the east side of the property and, then, kind cut across diagonally with the drain. The applicant is, actually, requesting to move it over and follow North Lakes Boulevard up through and, then, it will cross over to the drain once it's done. There has been concerns about the proximity of the pathway to the neighbors on the east side of the property. This is the landscape plan. I will go through. There is basically parking on the perimeter -- mostly the perimeter site and, then, these are the independent units on the east side of the property and, then, this is the dependent living -- or assisted living facility is kind of a box -shaped building with some open areas and walking areas in between. Then, there was a question about the -- tied to the question of the definitions was the question of the appropriate zoning for the assisted living and retirement home. Throughout the testimony on the definitions, the Planning Commission did make the determination that an assisted living facility was not the same as a nursing home and, therefore, the rezone was not required at this time and so, therefore, they deleted the condition related to that requirement and staff, given the testimony provided that night, felt that that was a good determination. So, it's -- from staffs perspective there are no outstanding issues before the City Council related to this application. I do not believe I have a letter from the applicant regarding the conditions of approval. With that, I will end staffs presentation. Meridian City Council November 9, 2004 Page 29 of 39 De Weerd: Anna, while you have that plat up there, can you tell me -- you mentioned that the pathway would go down the Boulevard, but where through this development does it go, then? Canning: It looks like it's coming right here right now and I do believe that they wanted to relocate this portion, though, and we have two more applications in, Mayor, and I know Mr. Tamura is frustrated by my inability to keep up with this project, but I'm not sure if the relocation of this pedestrian path was included with this one or with one of the two other applications we have in on the project and maybe they can provide some information on that. De Weerd: Certainly we have seen this application in many forms. So, would the developer like to come forward? Rountree: Are we getting close? De Weerd: I think this might be it. If you will, please, state your name and address. Tamura: Madam Mayor, Members of the Council, my name is Doug Tamura. My office is at 499 Main Street in Boise, Idaho. De Weerd: Thank you. Tamura: To start with, on the clarification -- could I have the large site plan? We have been working with Brad Hawkins -Clark, but what happened is we were getting an uproar from the neighborhood about trying to put this pathway in next to their homes and so I called Brad up and I told him -- I says, you know, the thing that probably makes sense, you know, one is I think the policy -- or the city's policy was to follow the Jackson Drain, but since it was piped through this section of it and the only logical place to cross Fairview Avenue was at the light that we installed, it seemed like the most -- the best location was right here at Fairview Lakes. So, it follows along up Lakes Boulevard and, then, we thought it would be nice to, you know, bring it in as a buffer in between the single family residential and, then, through our apartment complex, then, when we decided to go to the apartment -- the retirement center, I talked to Brad, because we were in the process -- we had already constructed all of North Lakes Place up to this cul-de-sac and we put in Carol Street in here. But we were just in the process of installing all our infrastructure for the second phase of our office complex, so we included a ten -foot wide sidewalk that's from here to here. I haven't been able to meet with the parks department, because the only thing that we have deficient now is we have got a ten -foot sidewalk from here to here and we have got a ten foot sidewalk across here, but we have only got a five foot sidewalk that wraps around this cul-de-sac. But from this point up we have got a ten foot sidewalk and our plan was to go ahead and provide pedestrian ramps and a ten foot sidewalk that follows along the south boundary of the retirement center and, then, up the west property line and have it exit on the Jackson Drain frontage through here. So, our intent is to go ahead and continue the ten foot pedestrian path. We have got an application submitted to Planning and Meridian City Council November 9, 2004 Page 30 of 39 Zoning that will be heard the first week in December that delineates the future building and it shows the details of that pathway at that time. In regards to the retirement center, the kind of the nitch or the black hole that we fell into with the Planning and Zoning was the City of Meridian has a definition for what a nursing home is, but it doesn't have a definition of what a retirement or assisted living is. For some reason the city requires nursing homes to be in a lesser zone of an R-15. It allows a retirement center to be in a higher zone of R-15 or R-40 and so part of what we are doing with this future is that the future building will have been Alzheimer's -- a 30 unit Alzheimer's and so I'm working with Brad, we are going to go ahead and down zone that whole property down to an R- 15. But the State of Idaho, under their license agreement for both nursing and assisted living, has two separate definitions, so they have a license agreement for a nursing home and they have another license agreement for assisted living, which we fell more under the retirement center definition -- or retirement requirements of the City of Meridian and that's what we worked out with the Planning and Zoning Commission. De Weerd: Any questions for the applicant, Council? Bird: I have none, Mayor. De Weerd: Okay. I guess when you come through with your other application -- my concern is we are starting to get a pathway system that is not clearly delineated and so I would look forward to seeing how that can be clearly marked so people know it is a public pathway and, hopefully, it will connect to something. Tamura: We will meet with the parks department in our presentation to the City Council on the second phase. The second phase also includes the second phase of our commercial. We have got a bank that's going to go on the out pad and we have got some additional retail that we are going to start on the east side of Lakes Place, so that will probably start construction in this spring. We are hoping to start construction on a portion of the assisted living this winter. De Weerd: Thank you. And it looks beautiful right now. Tamura: Well, thank you. You know, I guess the last -- in closing, we concur with all of staffs findings of -- and conditions of approval. Thank you. De Weerd: Thank you. Is there anyone else who would like to provide testimony on this application? Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: I'd like to move to close the Public Hearing. Bird: Second. Meridian City Council November 9, 2004 Page 32 of 39 survey, so there are some errors in the staff report regarding that. We do have a record of survey that was recorded August 18th of this year. And, therefore, there is an item -- the last partial paragraph on page two of staffs application says if the Council approves the proposed development agreement amendment, any new building on the subject property will still be required to submit a re -subdivision application to divide the lot and we can -- we can strike that requirement, they just will need to do a certificate of zoning compliance application prior to any construction. Because this property is kind of the key entry property to the subdivision, staff did not feel it was appropriate to waive the conditional use requirement after many of the other properties had had to -- have gone through that requirement. I do believe, though, that the applicant is prepared so show you some -- some elevations of the buildings that are proposed on that property and that would certainly be a consideration and wanting -- considering whether or not to waive that requirement. The conditional use requirement has primarily been one where you're looking at the site sign and the detailed elevations, compared to the land uses in this case. We do have commercial uses, I believe, on the other side. It's all zoned commercial north of -- on the north side of Overland and this is where the -- the new theater complex is going north of this property as well. And with that -- I guess there is one other little outstanding issue on this property and that's the high school is trying to find a spot to locate their sign and I guess I'll bring this up now, so that we can have it on the record or at least discuss it with you. There is an issue with off premise signs. I know they want to go on this parcel B. We've had a difficult time finding a way to approve it on the property, so they have also talked about deeding the land to the school and whether or not to put it on an easement or actually own the property and maybe this applicant can answer some of those questions as to what they are doing and maybe Council can give some direction on the proposed sign and -- if that's something that they want to see there. So, with that I will end staffs presentation. That's an unrelated issue, the sign, but just so I have some discussion with you regarding it, I thought I'd take the applicant. De Weerd: Thank you. Any questions for staff at this time? Bird: I have none, Mayor. De Weerd: Okay. Would the applicant like to come forward? If you will, please, state your name and address. Burrows: Madam Mayor, Council Members, I am Sam Burrows with Lombard Conrad Architects. My business is at 1221 Shoreline Lane in Boise. I thank you for giving me the opportunity to talk before you. As staff mentioned, there were some other applications requesting the -- excusing the applicants from the conditional use requirement for the Resolution Business Park and that's what we are asking at this time. We certainly can understand why staff had some reservation about this particular of piece property, simply because it's on Millennium Way and Overland and so it's a very prominent piece of property. We have had -- Lombard Conrad has had a history of doing very quality projects with Meridian. The Meridian Health Plaza. The Spine Institute. Your police station. And some of the credit unions. In fact, the credit union on Meridian City Council November 9, 2004 Page 33 of 39 parcel A of this property, before it was split, is from us also. So, with that history, just to give a little background, that our projects are -- we try to do, you know, very sensitive projects for the environment that they are in. Like staff mentioned, it is zoned for this use, so we felt the conditional use applicant was a little overkill, as well as tying up the time of the Council in seeing that thing and doing a lot those issues several times over. We have already met with ACHD, they have no problems with the layout that we have proposed on that site. We have already met with Joe Silva of the fire department and he has no problem with the layout that we have proposed on that site and it seems like it just boils down to what the building is going to look like and so like staff mentioned, if we could have an opportunity to just give you a brief overview of what the outside of the building looks like, just so that -- so that you could see what -- could I have permission to do that? Canning: Sir, there is a microphone just to your right, if you want to use that, so we can get you on record. Burrows: Thank you. Of course, this building is — we realize this is a very prominent location for this building and we intend very much so to make it kind of a landmark at that entryway. It does meet all the zoning requirements as far as the heights and the square footage and the setbacks, so that's not an issue here. What was the issue was simply what was the building going to look like and it is a two story building, it's going to be medical office, so it's a B occupancy, and it's going to have some accents of stone around the base, as you can see -- well, maybe -- maybe not from that distance, but there is going to be a base of stone and, then, a two tone synthetic stucco finish. It's going to have a mansard roof, which will hide all of the mechanical units on the roof, similar to -- I don't know if you're familiar with the Meridian Health Plaza, but that is a similar design that we used on that. The glass will have a subtle green tint to it and the roofing material will be high profile asphalt shingle. So, mostly, in neutral tones, nothing -- nothing too wild and crazy, but something that is just kind of soft and understated and nice for that part of town. We don't think it's going to clash or conflict with anything else that's going on there. So, with that, if you have any questions of me. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. De Weerd: Shaun? Wardle: Madam Mayor, just to clarify. You said the use was medical office and it does fall within the -- Burrows: Yes. It's a business occupancy. Wardle: Okay. Thank you. De Weerd: Thank you. Meridian City Council November 9, 2004 Page 34 of 39 Burrows: Thank you. De Weerd: I did have one other person signed up to testify. Dave Roberts. State your name and address. Roberts: Madam Mayor, Members of the Council, Dave Roberts, 5418 North Eagle Road, Suite 160 in Boise. De Weerd: Thank you Roberts: I just want to add to that. Staff did a pretty good job stating the case for the applicant. One thing, just to make you aware of, is timing is very crucial on this deal for the doctor. He's in a lease with St. Luke's at the St. Luke's Meridian Hospital, his lease is up in October of '05. We are prepared moving forward, we have got the architects, mechanical engineer hired, we are prepared to submit building permits to the city mid December in anticipation of having a building permit received in February of '05, to have this building completed in September, because it gives us about a month leeway for the doctor, the construction, weather, things like that. If this doesn't happen, it's probably not going to happen -- this building is not going to happen in the City of Meridian and he will renew a lease with St. Luke's and be up for three as a tenant. So, I think it would be a shame to miss this opportunity and if there is something that the Mayor or Council Members would like to have the staff see more time, I would suggest maybe an opportunity to go back to staff for a week and table it, discuss the CUP, the normal process to discuss the elevation, any issues that staff would have with it, and come back for approval for this process. De Weerd: Thank you. Okay. Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: Just a question. Anna, you made some reference to a sign, the issue of a sign going on that property. Canning: Yes, Madam Mayor and -- you know, no one here may be able to answer that question, but we did have a sign applicant come in saying that a portion of the property was going to be dedicated by Idaho Central Credit Union and, you know, we can't just create that parcel, so I suggested that they find out if it were going to be in an easement, because we don't have a mechanism for dedicating it, other than doing another lot split on this property that's already been split once. We are having a difficult time finding a way to approve the sign in the first place and I didn't want to make it more complicated by not having a legal piece of property to do it on. De Weerd: It looks like Mr. Roberts might be able to answer it. Meridian City Council November 9, 2004 Page 35 of 39 Roberts: Madam Mayor, Members of the Council, and Anna, I can give you a little bit of insight on the sign. The Idaho Central Credit Union, which is the seller of this parcel to our client, has been in discussions with Mountain View High School regarding an off-site sign with a reader board and things like that. Our client has not agreed to anything regarding that. We are in negotiation with Idaho Central Credit Union on where our building is located and we think we have got that all completed and have really made no decision whether we would approve ourselves of that sign on the property or not and I guess I would suggest that if we did approve of that, then, we would, you know, come back to the city and find a way to have that happen successfully if it's the city's choice to do that. But as of now our client has not agreed with anything in regards to that sign. De Weerd: Thank you. Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: Mr. Roberts, I was just going to suggest that if you had said that there would be a sign in big neon that said go Mavericks, that you might get my vote, so -- Bird: And say go Warriors? Donnell: It can that, too, by golly. De Weerd: I don't know if go Warriors would really work over there. Bird: Well, at least it would class it up. De Weerd: Oh, great. Now that we have digressed. Mr. Wardle. Wardle: Madam Mayor, I have a question of Anna. At first glance applicant mentioned maybe looking at the elevations a little closer. At first glance it appears to me this is something that would -- that has been approved in the City of Meridian. Is that your opinion as well? Canning: Madam Mayor, Members of the Council, Council -member Wardle, it does appear to be similar to the office buildings that have gone out there. Some have only been one story. This appears to be two story. We haven't seen a site plan for it. I'm assuming that they have the usual landscape provisions of -- we have actually seen kind of more than necessary landscaping I think out there on this side of the property. I don't know about necessarily on the apartment side, but I think on this side we have seen a little more landscaping than is specifically required. You know, not to dwell on the sign, but we have a sign application in our office asking for approval, so now I'm wondering if we need to hold up on that or not, but -- Meridian City Council November 9, 2004 Page 36 of 39 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think there is some legal complications of putting a sign out there and I'd like Mr. Nary to explain the situation of putting a sign out there. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess I think what the quandary that Mrs. Canning is talking about is that under our off -premise sign ordinance we are not -- we don't allow signs off -- offsite on someone else's property and I think that's the issue that I think she was trying to address is that property going to remain in the ownership of someone else or was that going to be dedicated to the school. I guess the only caution I'd have is it really isn't part of this application and so -- and it hasn't been noticed. I mean I think she was simply looking for guidance on what to do with that and it may have an impact to this particular property. The other thing I guess I would just ask you to consider in trying to formulate what you would like to do on this particular property on granting that waiver they are requesting -- or the amendment to the development agreement, to no longer require a conditional use, it's probably not unreasonable, as I think what Mrs. Canning is saying is is that we haven't really received any site plan, landscaping plan, anything else as an alternative, other than the request to waive that. Now, maybe I misunderstood her and she could clarify that, but it seems to me that if the Council wants to place some of those conditions as some condition precedent to granting this amendment, you certainly could do that. I think you just want to make sure you give staff some direction as to what to be put in the final order from you as to what they would need to provide for this waiver. Or amendment. I'm sorry. De Weerd: Thank you, Mr. Nary. Do you any comment, Anna? Canning: No. He was correct. We just haven't received anything, but to follow up on that Mr. Wardle's comment, I mean the elevations would appear to be nice, I would agree. I mean if the Council wants to just approve it as is, it's -- having staff evaluate it for zoning ordinance requirements, we will have to do that for the certificate of zoning compliance anyway, so they will -- they will have to abide by that and I did not mention in my previous discussion, but there are no conditions of approval with this, so that staff would not have to go back and prepare findings or conditions of approval for you. It is just kind of a thumbs up or thumbs down from the City Council on the matter. De Weerd: Mr. Wardle. Wardle: Madam Mayor, just to follow up. So, Anna, what you're saying is if we were to approve this application, it would remove the conditional use, but it would not remove any of the conditions of the site plan, our landscaping ordinance, and all of those things that are already in place; is that -- Meridian City Council November 9, 2004 Page 37 of 39 Canning: Correct. Wardle: Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: But am I correct this is an amendment -- this is requesting an amendment to the development agreement. Canning: So, you wouldn't need an order. Amending the development agreement did not require a Conditional Use Permit. We wouldn't necessarily need findings, is that -- Canning: Yes, sir. I'm sorry. Nary: Is that right? Canning: There is no findings or conditions of approval. Nary: Okay. Just an order. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just a point for clarification. Assuming we do move forward with this in a positive way, what kind of language do we need to make sure that it's tied specifically to this application? So, if for some reason it goes south, then, we have an amended development agreement to a new owner. Nary: Madam Mayor, Members of the Council, Council -member Rountree, I think simply the application is only referenced to that one parcel and I think the prior request for amendment have been to different parcels. So, I think as long as it's tied just to that parcel amendment or if you want to put a time limit that whatever action that they are contemplating taking has to occur within a time period for that amendment and the Council can revisit it or put some language like that, but it sounds to me like that's going to happen. So, if you want it tied to the parcel, that's probably adequate to assure that it doesn't apply to the entire property. Canning: Madam Mayor, Council -member Rountree, did you want to tie it to these elevations? Was that the issue you were getting at, because -- Rountree: Yes Meridian City Council November 9, 2004 Page 39 of 39 Canning: Okay. And I do believe you could do with some statement that it be generally consistent with the elevations provided at this hearing. De Weerd: Does the applicant have any further comment? Burrows: Madam Mayor and Council Members, yeah, our request in the miscellaneous application was just for parcel B and we certainly understand that this is a case-by-case situation and we are just asking for the waiver of that conditional use for parcel B only. De Weerd: Thank you. Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Rountree. You know -- Rountree: Okay, Bob. De Weerd: At least it's one of your names up here, okay? Mr. Wardle. Wardle: I move to close the Public Hearing on Item No. 16. Rountree: Second. De Weerd: Okay. I think the motion was to close the Public Hearing on Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Wardle. Rountree: Madam Mayor, this side of the bench Rountree would like to move that we approve a request on Item 16 for amendment to the development agreement to remove the requirement for conditional use for Lot 1, Block 3, parcel B, and that that be conditioned on the fact the testimony provided by applicant and elevations and the proposal as presented by the applicant be followed through with. Bird: Second. De Weerd: Okay. The motion is to approve Item 16 with the noted comments. Is there any further discussion? Okay. Mr. Wardle, when you miss a meeting you lose your identity. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea MOTION CARRIED: ALL AYES. Meridian City Council November 9, 2004 Page 39 of 39 De Weerd: Thank you so much. Okay. Is there anything further, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we adjourn. Rountree: Second. De Weerd: The motion was by Mr. Bird and seconded by Mr. Rountree one. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:17 P.M. l� , 47To , o 4� DATE APPROVED WILLIAM G. BERG, JR, CITY CLEF4K a