HomeMy WebLinkAbout2005 01-11
Meridian Citv Council Meetina
January 11. 2005.
The regular meeting of the Meridian City Council was called to order at 7:15 P.M.,
Tuesday, January 11, 2005, by Mayor Tammy de Weerd.
Members Present: Keith Bird, Shaun Wardle, Christine Donnell, and Charlie Rountree.
Others Present: Bill Nary, Will Berg, Anna Canning, Brad Watson, Jim Musser, Kenny
Bowers, Ted Baird, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
~ Shaun Wardle -LChristine Donnell
~ Charlie Rountree ~Keith Bird
-L- Mayor Tammy de Weerd
De Weerd: I will go ahead and open the regular City Council meeting to order. It is
Tuesday, January 11th. It is almost 15 after 7:00. We apologize for the late start. Mr.
Clerk, will you, please, call roll.
Item 2:
Pledge of Allegiance:
De Weerd: Thank you. Item No.2 isJhe pledge of allegiance. Generally, we ask one
of the youth members in our audience if they would lead us in the pledge and since I
have not asked Troop 174 if they would do that -- oh, actually, Will has already taken
care of it. Tyler Wilson has volunteered or he was volunteered. Please rise.
(Pledge of Allegiance recited.)
Item 3:
Community Invocation by Pastor Gordon Slyter, with Treasure Valley
Worship Center:
De Weerd: Thank you, Tyler. Item No.3 is our community invocation. Here with us
tonight the Pastor Gordon Slyter with the Treasure Valley Worship Center. If you will,
please, take this opportunity for a moment of silence or join us in the community
invocation.
Slyter: Our Father in Heaven, thank you for your guidance and your grace in 2004. As
we are beginning this new year we again ask for your wisdom, your leading, and your
hand of protection upon our city. We have so many things to be thankful for and we
recognize our many blessings as coming from you. We do ask that you would help
those who serve on this Council to make decisions that will enhance the wise
development of our community, that will support the moral fiber of our citizens and that
will contribute to the unity of all who call Meridian their home. May your peace prevail
here and may the spirit of mutual respect and understanding hold among all who speak
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January 11, 2005
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and all who listen. Dear Lord, may your blessing be upon us all this evening, I pray this
through Christ our Lord, amen.
Item 4:
Adoption of the Agenda:
De Weerd: Thank you so much for joining us tonight. And I do owe you a phone call.
Okay. Item No.4 is adoption of the agenda.
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I would move that we would approve the adoption of the agenda.
Bird: Second.
De Weerd: Okay. The motion is to approve the agenda. If we could, do we have an
additional item under department reports from Planning and Zoning?
Donnell: That's right.
Bird: If the -- Mrs. Donnell, if I could add something to it?
Donnell: Yes. Absolutely.
Bird: I'm sorry. Yeah, Under Planning and Zoning, there is an A-2, request a letter that
Anna has asked on. And also under seven, Brad has asked -- there is a 7-M, which is
Tiburon Meadows final plat. Brad, we got a memo today and he would like to discuss
that and have action taken on that. And, then, of course, we _c Item No, 12 has been
asked to be tabled to February the 8th, 2005.
Donnell: Good.
Bird: Is that okay with the --
Donnell: Absolutely.
Bird: And the second agrees.
Canning: Madam Mayor?
De Weerd: Yes.
Canning: Maker of the motion, I had actually asked also to -- for a brief discussion on
the findings for amended Tuscany Lakes Subdivision that will be coming before you.
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January 11, 2005
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Donnell: So moved.
Bird: Second agrees.
Canning: Thank you.
De Weerd: Okay. The motion is to approve the agenda as amended by several people.
If there is no further discussion, all those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5:
Consent Agenda:
A.
B.
C.
D.
E.
Approve Minutes of December 14, 2004 Pre-Council Meeting
Minutes:
Findings of Fact and Conclusions of Law for Approval: RZ 04-
012 Request for a Rezone of 3.74 acres from I-L & C-G zones to all
C-G zone for Ravmond Estates by Ronald Van Auker - NEC of
East Franklin Road and North Gaudians Avenue:
Latecomers Aareement for Ten Mile Water Line Extension by
Lochsa Falls, LLC:
Chanae Order No.4 for Headworks Expansion Proiect -
Contractor's Northwest, Inc. for $3,500.00:
Idaho Power Relocation of Facilities to Accommodate Park
chanaes for Storev Park Phase II Construction:
F.
Award of Bid for Black Cat Lift Station to JC Constructors, Inc.
for $2,565,000.00:
G.
Award of Bid for WWTP Supplv of Backup Power Svstem and
Procurement to Western States for $308,732.60:
H.
Approve Beer and Wine Transfer for JB's Restaurant - 1565
South Meridian Road:
I.
Desian of Waterline Crossing of Meridian Road and Victory:
J.
Well 25 Pumping Facilities Chanae Order #1 - Irminger
Construction for $4,881.52:
K.
Historic Preservation Consultant Aareement:
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January 11, 2005
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L.
Sanitary Sewer Easement for Reaaan Subdivision:
De Weerd: Item No, 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda, it has been asked to remove Item F, to pull it from the
agenda, and with that I would move that we approve the revised Consent Agenda 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 with the removal of
Item F. Okay. If there is no further discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 6:
Department Reports
A.
Planning and Zoning Department - Anna Canning
1.
Reauest for Additional Services for Diane Kushlan
Services:
De Weerd: Thank you. Okay. Item 6, Department Reports. Anna,
Canning: Madam Mayor, Members of the Council, the first item I had on there was a
request for additional services for Diane Kushlan. Over the briefly two slow weeks that
we had at Christmastime that were just glorious, I did get an opportunity to read through
our draft zoning ordinance and we are getting near to the point where we are ready to
do a public draft, but I do need some additional services from Mrs. Kushlan to take us
through the public hearing process. Those funds are available in my budget and I'm just
requesting authorization to hire her again to help out. We are getting near to the end of
that. This completes the first phase and moves into the public hearing phase,
De Weerd: Okay. Council, any discussion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Have you got Diane already under contract?
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January 11, 2005
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Canning: Yes.
Bird: So, this would be a change order you would be bringing forward for us.
Canning: It's for additional -- it would be for additional services.
Bird: Yeah. So you would have to have a change order.
Canning: Yes.
Bird: You need to do it under the current contract.
Canning: Correct.
Bird: Okay. That's--
Canning: That would be the next step,
Bird: -- as far as I'm concerned, that's all you'd need to do is just bring a change order
forward with the amount of money.
Canning: Okay.
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: Anna brought this before me as her council liaison and asked how she could
get these funds appropriated and so I suggested that she place it as a department
report and we'd discuss it and, then, she could bring that back and so if it pleases the
Council, we can do that.
De Weerd: Okay. It looks like it pleases the Council.
Canning: Thank you.
De Weerd: Okay. Anna, next item.
2:
Compass Letters:
Canning: The second -- 2-A and 2-B, I suppose -- or not to be -- sorry -- are two letters
of support that have been requested by Compass for two different projects. One is for
the Eagle Road arterial study workshop and the plan that resulted from that as far as
the access to Eagle Road. The second letter of support was with regard to the
reauthorization of the transportation and enhancement act or 221 and our support of the
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January 11, 2005
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projects that Idaho is proposing as part of that and -- well, more specifically, that
Compass is proposing. Notably missing off that list is the Ten Mile interchange, so you
will notice that we have a paragraph in reference to that Ten Mile interchange still in --
De Weerd: Anna, we do not have a copy of either of those letters.
Canning: The clerk has two copies. I'm sorry, I thought they had been e-mailed to the
clerk earlier today, Maybe they were just e-mailed to me. I apologize, This was a last
moment item from Steve Siddoway.
De Weerd: Council, I guess what we could do is perhaps ask the clerk to copy that and
put it on the end of our agenda for discussion.
Bird: I would be in favor of that, Madam Mayor.
De Weerd: Okay.
Canning: Thank you, Mayor. They are both brief and we do need signatures, We were
waiting for a full complement of Mayor and Council to get those signatures, so we do
need those by -- I think by Friday. So, I appreciate your putting it to the end of the
agenda.
De Weerd: Okay.
3:
Amended Tuscany Lakes. Recommendation
Canning: The third thing -- and maybe Mr. Nary can help me out a little bit on this, but I
think there was some discussion with Mr. Nary and Mr. Bird about trying something new
on our recommendations. Right now, as you know, the Planning and Zoning staff take
the recommendation of the Planning and Zoning Commission and we send you a
recommendation packet and that packet includes the summary sheet and, then, all the
exhibits, which have all the conditions of approval and the letters from all those who
have sent them in. So, what we would like to do is to prepare some draft findings.
Instead of a recommendation, we'd like to prepare draft findings for one project just now
to just give it a try to see if this is something that the Council wants to move forward with
in the future. It kind of cuts out a process, Having the draft findings going into the
hearings means it will basically cut out a two-week delay from when you make your
decision to when those findings are adopted. We are asking to try it on a project called
Amended Tuscany Lakes. It's very a straightforward project. Due to some stumbling
blocks along the way related to the city, it's been slowed down considerably in the
process and this would help to kind of get it -- make up some of the time that it's lost, so
we are asking permission to do kind of a different format for your recommendation on
that project.
Wardle: Madam Mayor?
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January 11, 2005
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De Weerd: Mr. Wardle.
Wardle: This is one of the requests that I have had of Planning and Zoning staff and it
was something that Mr. Nary and I discussed when we were co-liaisons of the
department and, as we know, Planning and Zoning has been very busy, but I felt this
was something that -- that could be a useful tool and Anna wanted to try it on a project.
So, I would certainly be in favor of attempting this and trying to put it into place in the
future.
Bird: Madam Mayor?
Rountree: I concur, Madam Mayor.
Donnell: So, do I.
Bird: I concur and I'd like to see it go. We used to do this when Charlie and I was on
the -- a few years ago. That was the -- that was the way it was done and it does save
time and it's nice for us, we either -- we either approve the findings or we amend them
right here, you know. We don't wait two weeks afterwards. So, I'm in -- I concur with
Shaun, that I'd like to get her going.
Canning: Okay.
De Weerd: Well, thank you, Anna.
Canning: And you will see that -- it's on the 25th agenda, so you will see that soon.
B.
City Council President - Keith Bird
1.
Election of Officers:
De Weerd: Okay. Okay. Thank you so much.
Councilman Bird.
Item B, I will turn this over to
Bird: Thank you, Madam Mayor. Council, it's time for election of officers and I would
entertain a motion for president of the Council.
Donnell: Mr. President?
Bird: Madam -- or Mrs. Donnell.
Donnell: I would like --
Bird: I was going to make you Madam Mayor.
Donnell: Heaven forbid.
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January 11, 2005
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De Weerd: You have a phone call you need to return.
Donnell: We will start this again. Mr. President, I'd like to nominate Shaun Wardle as
president of the Council.
Bird: Okay. Have a second?
Rountree: I'll second that.
De Weerd: Okay. Any other nominations? All in favor?
MOTION CARRIED: ALL AYES.
Bird: The nominations are closed. Now we need a Vice-President.
Wardle: Mr. -- it's still Mr. President, isn't it. Mr. President, I would nominate Keith Bird
for Vice-President of City Council.
Donnell: Second.
Bird: Okay. Any other nominations? All in favor?
MOTION CARRIED: ALL AYES.
Bird: Thank You. Madam Mayor.
Item 7.
(Items Moved from Consent Agenda)
De Weerd: Thank you, Mr. Bird. Okay. Item 7 is an addition to the agenda on FP 04-
052 and I -- Brad, is this yours?
Watson: Yes.
De Weerd: Okay,
Watson: Yes. Thank you, Madam Mayor. Thanks for letting me bring this up at the last
moment. I'll explain why it's popped up in a second. The final plat was submitted to me
for signature in December. As I was reviewing it and the conditions of the final plat
order for approval, I noticed that there was the boilerplate comment requiring tiling in the
staff report. The plans did not show any tiling, so therein lied the rub. This was a
condition that shouldn't -- that the applicant should have, at the time of final plat
presentation to Council, requested a waiver. They overlooked it. Our plan and review
staff when they were reviewing the plans evidently overlooked the requirement, so it
doesn't make sense that this be tiled according to the calculations provided by the
applicant's engineer. We have historically had a policy of anything that's 48-inch or
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January 11,2005
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larger, that we waive the tiling requirement. His calculations show it needs a 60-inch
pipe. The reason I brought this up kind of at the last moment is his plat is ready to be
signed, but I can't sign it if he doesn't comply with this condition. His alternative is to
post surety for this improvement. That seems a little bit senseless. So, I would ask that
the Council formally waive that requirement, so I can get him on his way to Ada County,
De Weerd: Thank you, Brad. Any questions, Council?
Bird: I have none, Mayor, and I am prepared to make a motion.
De Weerd: Okay. It sounds like there is no further discussion. Mr. Bird.
Bird: Madam Mayor, I would move that we waive requirement to tile the Eight Mile
Lateral for Tiburon Meadows Subdivision -- I hope I didn't butcher it too bad -- and to
allow the director of public works to sign the final plat.
Rountree: Second.
De Weerd: Okay. The motion is to approve the final plat 04-052 with the requirement
to waive tiling the ditch. If there is no further discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea,
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Okay. Just to note once again, if anyone is here for Item No,
12, it will be continued to February 8th and we apologize for any inconvenience. Both
our staff and the applicant have asked that this be delayed until the 8th of February.
Item 8:
FP 04-080 Request for Final Plat approval of 8 commercial building lots
and 1 common lot on 3.86 acres in a CoG zone for Central Vallev
Corporate Park No.7 by Industry Way, LLC - 929 South Industry Way:
De Weerd: So, Item No.8 is FP 04-080, I will start with staff comments.
Canning: Madam Mayor, Members of the Council, this is a request for -- it says
preliminary plat approval, but it's really for final plat approval of eight commercial
building lots and one common lot on 3.86 acres in a CoG zone. It's on Industrial Way.
It's most famous existing landmark to date has been the basketball court at the
intersection of the -- the T intersection of those streets. This was the preliminary plat
and this is the final plat. The final plat is in compliance with the approved preliminary
plat. Staff did notice that at the very last moment that there needs to be one change to
the landscape plan. It would require modification of condition number three, instead of
being approved as submitted; it needs to be modified to show a paved path, instead of a
gravel path in the landscape area. The landscape area also functions as a drainage
area. It's in this location. They have a small path going down through it. it does need
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January 11. 2005
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to be paved, because it's in the drainage section, so we are asking for that one change.
And with that staff is recommending approval.
De Weerd: Anna, was the -- have you talked to the applicant about this modification?
Canning: Yes. We had a chance to contact Matt Munger and talk to him a little bit
about it. I think he needed time to mull it over and see whether he was in favor of it or
not. So, we don't -- we need to hear from the applicant on this one.
De Weerd: We will ask the applicant to come forward. Thank you. Please state your
name and address.
Wensel: My name is Steve Wensel. Address 7886 Joplin Road in Nampa.
De Weerd: Thank you.
Wensel: I did talk to the designer today about the path and what we'd like to do is to
remove that path from the design. We have some accessibility issues on a percentage
of slope to get down into that retention basin and get out of it, so we'd like to keep the
path around the top, but remove that path that goes down through the bottom and just
continue the landscaping through there.
De Weerd: Okay. Anna.
Canning: That's an acceptable alternative.
De Weerd: Okay. Did you have any other comments about the conditions?
Wensel: No. I'd just like to say we have been very well treated by Planning and Zoning,
very professional job all the way through, and we'd just like to thank Anna publicly for
that.
De Weerd: Thank you. Okay. Council?
Rountree: Madam Mayor?
De Weerd: Mr. Bird -- I mean, sorry, Mr. Rountree.
Rountree: Go ahead, pass it on down.
De Weerd: You both have gray hair.
Rountree: One of the old men to your right. I move that we approve Item No, 8, FP 04-
080 for final plat for Central Valley Corporate Park No.7, with modifications to condition
number three as stated by the applicant this evening.
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January 11,2005
Page 11 of 37
Donnell: Second.
De Weerd: Okay. The motion is to approve Item No.8 with condition three being
modified. If there is no further discussion, I will call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 9:
FP 04-081 Request for Final Plat approval of 11 building lots and 2 other
lots on 36.93 acres in a CoG zone for Smitchaer Subdivision by Ustick
Marketplace, LLC - northeast corner of West Ustick Road and North
Eagle Road:
De Weerd: Okay. Item 9 is FP 04-081. We will open -- or. we will start with staff
comments.
Canning: Madam Mayor, Members of the Council, this is a request for approval of
eleven commercial lots and two common lots on 36.93 acres and it is final plat approval.
Sorry I didn't catch those in my review of the presentation. This is the approved
preliminary plat. As you can see, the final plat is in substantial compliance with the
approved preliminary plat. Staff is recommending approval. I did not locate a letter
from the applicant, so we do need to hear from the applicant.
De Weerd: Okay. If the applicant has any comments, please, come forward.
Smith: Matt Smith, 12601 West Explorer Drive, Suite 200, Boise, Idaho.
De Weerd: Thank you.
Smith: I do have just a couple of clean up items and I did talk to Brad Hawkins-Clark,
Did he talk to you at all, Anna?
Canning: I'm sorry, he didn't get a chance to talk to me before he left and didn't see any
notes. I'm sorry, Mr. Smith.
Smith: If I may, I'll pass these out, just to help us with the clean up items. For the most
part everything is fine, they do a fine job as usual. Just a couple items on site specific
number three, note seven, we need to add that ACHD and ITD have approved those.
Eagle's access points were approved by ITD on that. Also number three, note ten, the
pressurized irrigation system out there will be actually owned by Settlers Irrigation
District. Ustick Marketplace will not be owning that. Number four, again, under site
specific requirements. The difference here -- and this one is a little more complicated --
is we had two parcels initially. The first building permit was pulled on one of the parcels
for Lowe's. On this one here we just need to clarify that there still is one more building
permit remaining there before the subdivision takes place. So, we propose that we say,
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January 11, 2005
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instead of prior to applying for a building permit, prior to the issuance of a building
permit, except for the existing Lowe's building and improvements and one additional
unused building permit available on the current parcel. And, then, number nine is just a
clean up item down there. Does that make sense, Anna?
Canning: Madam Mayor, Members of the Council, regarding note number four, I will
have to do research to find out if they are eligible for another building permit. This
condition was put on it at the time of preliminary plat and I have to assume that we
researched that at that time, knowing that the Lowe's would take the one building
permit. So, I'm uncomfortable with number four.
Smith: Was that under the preliminary plat? I don't recall it being in the preliminary plat.
We may have missed it, too.
Canning: Madam Mayor, I don't have enough information with me here tonight to make
that call as to whether it's eligible or not. We could put if it's eligible for a second
building permit, but -- we could just add an if eligible to the end of number four as they
have -- as they have proposed it.
Smith: And really -- Madam Mayor and City Council Members, the purpose of that is
during the process while we are trying to record this final plat, we want to be able to
have the flexibility to go ahead and apply and get some other users moving on some of
the parcels and so we'd like to, if we need to, to be able to use that additional building
permit there in the process of moving forward, so -- and, then, the subdivision happens
while that's happening, it will take place.
De Weerd: Mr. Wardle,
Wardle: Madam Mayor, I was just going to ask Anna if -- certainly these are always
time sensitive, but if a week would be enough time or if -- and ask the applicant if that
would be something they would agree to or if we need to move forward with it and place
an additional condition if it's eligible, with determination, I would assume, by city staff.
Canning: Yes. And I hate to delay it a week, because my recollection is that you're not
eligible for another building permit. So, I guess it would be up to the applicant if they
want to delay it a week or --
Smith: I am -- I'm very confident that we do have one more, I spoke with Brad
Hawkins-Clark today, that was one of the things we went through on there, so I think he
-- and, Bruce, I don't know if we were working on that together either, but because of the
two parcels, my understanding, because they hadn't been split, that's why we were able
to get the one building permit on the Lowe's and that second one still has the right to
one building permit.
De Weerd: Mr. Smith, do you have a problem with this being held over until next week?
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Jenuary 11. 2005
Page 13 of 37
Smith: I would prefer, if it pleases the Council, to go ahead and say if eligible allow it. If
not, then, we don't get it anyway, so I don't think there is any reason to postpone it.
De Weerd: Okay. Okay. Was there anything else?
Smith: No. That's all.
De Weerd: Okay. Staff?
Canning: I'm comfortable with the -- if eligible and that just gives me the ability to check
that.
De Weerd: Sure. Okay. Council, any further questions? If not, I would entertain a
motion.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve FP 04-081, final plat for Smitchger Subdivision, with
the noted amendments to items -- to item three, note seven, item three, note ten, Item
four and item nine as set forth in the letter from the applicant dated January 11th, 2005,
and, in addition, to add to note number four issuance of a building permit, except for the
existing Lowe's and building improvements and one additional unused building permit
available on the current parcel, if eligible, as determined by city staff.
Donnell: Second.
De Weerd: Thank you. The motion is to approve Item No.9 with the changes as noted.
Is there any further discussion? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea,
MOTION CARRIED: ALL AYES.
Item 10.
TE 04-006 Request for a one year Time Extension for CUP 03-010 for
Finishline Automotive by Lee Kallenberger - 44 Northwest 10th Street:
De Weerd: Thank you. Item 10 is TE 04-006, for a request for a time extension. I'll
start with staff comments.
Canning: Madam Mayor, this is a time extension for Finishline Automotive. It's located
at the corner of 10th and Franklin. This was the site plan approved by Council in May of
2003. The applicant did get the time extension request in before the 18 months was
over. It's getting to you a bit late, but I did want to just go on the record as saying that
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January 11, 2005
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they did apply for the time extension before the expiration of their permit. Staff has not
prepared a staff report. I can read the letter from the applicant, if you would like, I think
the greatest concern is the -- or the greatest difficulty thus far has been the curb, gutter,
and sidewalk plans, just coordinating between city and county officials. This is as stated
by the applicant and due to the unexpected expense for new plans and engineering
copying, et cetera. So, he's asking for an extension.
De Weerd: Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no discussion, I move we approve TE 04-006, request for one-year time
extension for CUP 03-010.
Donnell: Second.
Rountree: Second,
De Weerd: Okay. It's been moved and seconded to approve Item 10. Is there any
further discussion? Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 11:
Public Hearing: MI 04-016 Request for a Miscellaneous Application
approval to amend the Development Agreement of April 19, 1999 for
Waltman Court Subdivision by Buffalo Hump, LLC - 420 Waltman
Court:
De Weerd: Item 11. We are entering our Public Hearing portion of the agenda. By
ordinance we are required to swear in individuals wishing to provide testimony on any of
the Items for Public Hearing. Those are items 11 through 17. So, if you would like to
provide testimony on any of these items, if you will, please, raise your right hand. Okay,
It is the testimony you provide tonight the truth, the whole truth, and nothing but the
truth, so help you God? If so answer yes,
(Affirmative answers.)
De Weerd: I never know what to do when I get to that point. I make it up every week,
so -- the ordinance doesn't tell me specifically what to say, so I have fiexibility there.
Okay. I will go ahead and open the Public Hearing for MI 04-016, Item 11, with staff
comments.
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January 11,2005
Page 150f37
Canning: Madam Mayor, Members of the Council, this is a request to amend the
development agreement that was originally approved in April of 1999. The property is
now known as Waltman Court Subdivision. The property that they have asked for the
amendment on is all the remainder of the property, except for an ACHD storm drainage
facility that's already been constructed and you can see the tiny little bit of white there,
It's located at the terminus of 5th Avenue and, then, this is unopened right of way at this
time, so that is not a street. The remaining 7,1 acres, which is shown here, you can see
the ACHD facility just to the north in the west corner of the property. Northwest. Was
recently approved for Waltman Court Subdivision and with the development agreement
all the lots in this subdivision require conditional use approval. That's what was decided
in 1999. More specifically, the development agreement says: As no plat or
development plans are being proposed at this time, drafting a development agreement
will be difficult. For this reason, all uses within the proposed annexation shall be
developed under the conditional use process. Well, as I just mentioned, there has been
a plat provided to you now. He connects to the existing stub streets and, then,
continues that stub to the canal. So, that would -- that's one of the conditions that staff
feels has changed significantly since the development agreement was adopted. There
is the new subdivision. The other one is just that the developing -- the surrounding
properties have substantially developed all the ones along 5th Avenue, the light office
uses are largely developed out and, as you will remember, there was an RV park
proposed and kind of a subdivision in this area. So, there has been quite a bit of more
development in the area and it's not just at the edge of development, as it probably was
in 1999. And, then, there is storage uses just to the east of the proposed property.
With the -- with the preliminary plat application we also processed the Conditional Use
Permit and that was for a storage yard, shop, and office on one of the proposed five
lots. So, even within that subdivision we have already done one of the conditional use
permits. So, at the bottom of page three on the staff report, the staff recommends --
the staff recommendation is there. There is some specific wording as to the sections of
the development agreement, so I'm going to go ahead and read that for the record.
Staff recommends that the requested amendment to the recorded development
agreement for this site be approved. Removing the requirement for all uses on the site
to submit CUP applications for building uses that would not otherwise be required to
obtain CUP approval, as determined by the city zoning and development ordinance,
Staff further recommends that Section 4,1.9 on page six of this development agreement
be amended by deleting the sentences reading: As no plat development plans are
being proposed at this time, drafting a development agreement will be difficult. For this
reason all uses within the proposed annexation shall be developed under the
Conditional Use Permit process. And, then, one further note. Per Meridian City Code
11-8-1, zoning schedule of use control, any future uses proposed on this property that
are conditionally allowed in a CoG zone will still be required to obtain CUP approval prior
to operation. So, I just wanted to get the details of that on the record for you, but staff is
recommending approval of this development agreement amendment.
De Weerd: Thank you, Anna. Is the applicant here tonight? Hi. If you will, please,
state your name and address.
Meridian City Council
January 11, 2005
Page 16of37
Erickson: Ross Erickson, 5293 North Schubert in Meridian, Idaho.
De Weerd: Thank you.
Erickson: The reason why we submitted this application was to remove that conditional
use requirement, simply because we didn't see the need to track permitted uses through
a conditional use process within this annexation. And I guess in interest of efficiency, it
made sense to request that that be struck from the development agreement and that the
city allow us to continue develop within this annexation through the CZC process. And I
guess with that I'll close, unless there is any questions.
De Weerd: Council, do you have any questions? Thank you,
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: Just for the Council's information, we -- last week the Council had directed an
amendment to a development agreement and this one is also requesting an
amendment. I think for the ease of going forward and trying to put these into place,
what I have directed our staff to do is prepare, essentially, an amended agreement that
will be directed -- it will look like a new agreement, I guess is essentially -- it will be
directed to the new applicant. It will make reference to the existing agreement, so there
is no -- there is no tracking problem, but it won't just be a strike and replace, So, when
you see it, it may not look -- I wanted to make sure you understood what you would be
getting back in front of you in a week or two, that it's not going to be a strike and replace
or simply just taking out the conditions they have requested, it will look like the same
development agreement we do with everyone else, but it will just reference the old one,
so that we will have a way to keep track of the two. So, I just wanted you to know.
De Weerd: Okay. Council, any questions for Mr. Nary on that? Okay. Is there anyone
else who would like to provide testimony on this application? Okay. Seeing none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree,
Rountree: Seeing no more comments, I move that we close the Public Hearing for Item
No.11.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item
11. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Meridian City Council
January 11,2005
Page 170f37
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I move that we approve the request for modification of the development
agreement for Item No. 11, MI 04-016 and instruct staff to prepare a new agreement
and include the staff's recommendation.
Bird: Second.
De Weerd: Okay. The motion is to approve Item 11. If there is no further discussion,
Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 12:
Public Hearing: CUP 04-050 Request for Conditional Use Permit for a 3-
story, 100-room hotel in an I-L zone for Country Inn & Suites Hotel by
Boise Hotel Enterprises, LLC & ABC 2, LLC - north of East Pine Avenue
and east of North Eagle Road:
De Weerd: Okay. Item 12 has been requested to continue until February 8th and I will
go ahead and open the Public Hearing. We will not accept testimony at this time. I did
have someone that signed up to testify, a Mr. Boron. Is he here still? Okay. He must
have signed up before we announced that. I will open the Public Hearing on Item 12,
CUP 04-050, and accept a motion to continue this to February 8th.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue Public Hearing on CUP 04-050 until February 8th, 2005.
Donnell: Second.
De Weerd: Thank you. The motion is to continue this Public Hearing to February 8th.
All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 13:
Public Hearing: AZ 04-019 REVISED Request for Annexation and
Zoning of 64.48 acres from RUT to R-8 zone for Ventana Subdivision by
G.L. Voigt Development Company - north of West McMillan Road and
North Meridian Road:
Meridian City Council
January 11,2005
Page 180f37
Item 14:
Public Hearing: PP 04-026 REVISED Request for Preliminary Plat
approval for 220 single-family residential building lots and 17 common lots
on 64.48 acres in a proposed R-8 zone for Ventana Subdivision by G.L.
Voigt Development Company - north of West McMillan Road and North
Meridian Road:
Item 15:
Public Hearing: CUP 04-028 REVISED Request for a Conditional Use
Permit for a Planned Development for single-family residential use with
reduced lot frontages, reduced lot sizes and reduced chord lengths and
increased block length, including clubhouse pool and playground in a
proposed R-8 zone for Ventana Subdivision by G.L. Voigt Development
Company - north of West McMillan Road and North Meridian Road:
De Weerd: Okay. Items 13, 14 and 15 are AZ 04-019, PP 04-026, and CUP 04-028, all
revised. I will open Items 13, 14 and 15 and begin with staff comments.
Canning: Madam Mayor, Members of the Council, you may recall the name Ventana.
This is a remand, so what I'm going to do is I'm going to give you a real brief overview of
the project and, then, go back and look at what you asked for in the remand and how
they have responded to that. The site is located on Meridian Road just north of
McMillan. The proposed junior high school is just south of this project. Saguaro
Canyon is just to the east and, then, Paramount is to the west. The preliminary plat
does show 220 single-family detached residential lots and, then, 17 common lots on
64.48 acres. The total amount of open space is 6.71 acres or 10.4 percent of the site.
The applicant is requesting a planned development approval of a planned development,
for a reduction of dimensional standards and I will go through those a little bit. Minimum
lot size, they would reduce to 6,388 from 6,500. Lot frontage requirement, a minimum
of 40 is proposed, instead of the 65. Proposed cord length is a minimum of 35 and
instead of the required 40. And, then, the proposed block length is greater than 1,500
square -- or 1,500 feet, instead of the 1,000-foot maximum. As part of that planned
development the applicant is proposing a number of amenities. They include the 10.4
percent open space that I just mentioned, playground equipment, and a clubhouse with
restrooms at the center of the site and I will -- it's actually easiest to see on this one the
landscape areas. This is the clubhouse area. And then -- clubhouse with restrooms
and a swimming pool. And, then, while not addressing the applicant's letter, they are
also proposing a multi-use public pathway as an amenity and it connects top a Saguaro
Canyon and comes through the site to Meridian Road. Okay. Now, I'm going to go
back and explain some of the changes that they made. This is the original site plan and
I just wanted to point out the areas -- some of the key areas. One was these long,
skinny, open spaces that open more to the lots that front it, rather than the streets and,
in particular, the discussion with Mr. Priddy was -- to the north about the design of these
lots and the size of these lots next to his bull, specifically, so -- and, then, to the south
we have the -- the school district property and, then, there was two pathways --
Micro-paths that connected to the school. And, then, here was another open space
and, then, the central open spaces still at the terminus of their collector entry road and
Meridian City Council
January 11,2005
Page 19 of 37
there was another open space here. So, I'll go to the landscape plan again, just to point
out some of the things they have changed. They increased. the size of the lots up
against the Priddy property, they put them on their own cul-de-sac, so those kind of
create their own sense of community around that one cul-de-sac street. Most of the
remaining lots stayed similar in size to what was originally proposed. We have -- the
entrance to the school was opened up significantly. Instead of the two connections, we
have one, but in that area we have a drop off area for parents and just quite a bit of
actual street frontage where they can wait for kids to come out. There is paths. There
is trees and landscaping. The other open spaces, as you will notice, are opened up
extensively and kind of incorporate more of the community. This open space was
enlarged and opened up and, again, this open space was opened up significantly as
well. The applicant mentioned that she will also be extending that down to this street
down south, the open space at the northwest corner of the property. So, when you
remanded the plat back to the Planning and Zoning Commission, the first item was
there was a lack of transitional lot sizes between the estate parcel to the north, Mr.
Priddy, and the lots on the north boundary. And, as I mentioned, those lots have
increased in size significantly. The average lot size is 10,972 square feet -- I'm sorry.
The original plat had average lot sizes -- five building lots with an average lot size of
10,972 square feet. The revised plat has six building lots, but with an average lot size
of 13,407 square feet. The number of proposed build-able lots adjacent to Saguaro
Canyon on the east remains the same as the original plat with 21 lots and the average
lot size is similar to that of Saguaro. The second item was that the proposed open
space lots should be redesigned to better blend into the subdivision. In particular, the
two larger common lots with narrow openings to the streets and hidden by houses are
not inviting to the neighborhood. The Council also requested open vision fencing be
addressed by the Commission. So, as I mentioned, they significantly redesigned the
parks to really open them up into the neighborhood. The applicant on their fencing plan
right now is requesting six-foot cedar. I did talk to the applicant and she's comfortable
with the option of a four-foot solid and two-foot lattice or open vision fencing in those
areas to give the developer that option and staff is supportive of that. The third issue
with the remand was while the overall density of the subdivision was acceptable, it
should be concentrated more in the southern portion of the property near the future
middle school site in Meridian Road. The gross density of the subdivision did decline
slightly from 3.63 to 3.41 units per acre, The number of lots adjacent to the future
middle school site remains the same at 20 and the overall lot size in the southern
portion of the property also remains similar to the original application, So, they did lose
lots in the northern area and that's where the density reduction occurred, The fourth
item was that the vehicle -- vehicular access and drop off point to the middle school
from within Ventana Subdivision were discussed. While trying to be aware of the school
district's desire to restrict access around their facilities, the City Council and police chief
encouraged the applicant and Commission to review options for improved vehicle
access to the school site from within the subdivision. So, again, as I mentioned, we
have got a drop off area with a large, visible view into the school area, so parents can
drop off from within the subdivision and still watch their kids get to school. I think I have
gone over most of the comparisons as far as lots. Did want to mention that the number
of lots in the original was 233 and now they are down to 220, so they did lose some lots.
Meridian City Council
January 11, 2005
Page 20 of 37
And the amount of open space increased from 7.43 -- 73 acres to 9.530 acres. So, they
did increase open space since the original application. The Planning and Zoning
Commission heard this item on December 2nd. They heard the revised item on
December 2nd and at that hearing Mrs. Becky McKay spoke in favor of the application.
There was no opposition, nor commenting. The key issues of discussion were the
common area redesign, the transition lots from the north, the future middle school site
pathway connection, the overall density, the vehicular drop off points and the fire
department access. I should explain the fire department access briefly. It's listed as an
outstanding condition to build a temporary fire department access in this location and
that would be until this third access is suitable -- or is available. To determine that, the
fire marshal measures the distance between the two entrances as compared to the mid
point of the site and he was trying to get a third connection. down here until this third
connection was available, I believe the applicant has discussed this with Mr. Kenny
Bowers -- or Chief Kenny Bowers, sorry, and he had agreed that they could waive the
requirement for the temporary access at this time, with the understanding that both
those accesses would be available and would not be blocked by construction. So, I
believe that item was resolved shortly before your hearing started. With that, I will end
staff's presentation. Oh, I'm sorry. ThePlanning Commission did recommend approval.
Sorry.
De Weerd: Thank you. Any questions for staff?
Bird: I have none.
Rountree: I have none.
Donnell: No.
De Weerd: Thank you, Troop 174. Good luck with your citizenship merit badge. Okay,
Applicant.
McKay: Beck McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle.
De Weerd: Thank you. Sorry I missed you last week, but I saw that glowing picture in
the paper today, so -- you looked very happy,
McKay: That was that relief I just got approved, thank goodness, I'm so tired, I'll try to
kind of hold these up side by side. Thank you. Because it's hard when you look .at one
and, then, the other one comes up on a screen, to really see what the differences are.
I'd like the Council to know that we did take their comments back to the drawing board,
We came up with about four different alternatives and we did meet with your staff and
we got their feedback and comments and refined their comments and we -- all parties
agreed that one plan was superior to the others and this is what we came up with. As
Anna indicated, the criticisms of the first design were the linear open space. The
Council asked that that be more open, more inviting to the entire neighborhood and not
just beneficial to the lots that backed up. The Council had some concerns about the
Meridian City Council
January 11,2005
Page 21 of 37
pathway and opening that up a little bit. We had a linear path here they wanted to see
opening. And, then, this pathway and open space in through here, they wanted us to try
to open that up also. We had a discussion concerning the middle school. As you recall,
we worked with the school district in order to make that middle school happen here by
agreeing to purchase 60 acres while the school district would take the 40 in order to get
Mr. Ashenbrenner, who owned a hundred acres, to sell his property, because he had
declined the school district's first offer. The school district specifically asked me not to
put any vehicular connections to the property, just pedestrian. So, the Council -- you
guys had some concerns how can we find some middle ground where we allow drop off
and pick up, but, yet, we don't take a stub street to the property where the middle school
will be constructed. The other issue was Mr. Priddy. As you well know, Mr. Priddy
spoke in opposition and we had a few heated words back and forth. Mr. Priddy has
since decided that he is going to develop his property at a high residential density and,
therefore, he indicated to my clients that he withdraws any objections to our plan and if
we wanted to go back to the first one, he wouldn't care. Well, we said, you know, we
are on a course here with the second plan, we like it better, so we will stay on course.
So, as you can see he's not here this evening to object. We came in -- just to kind of
outline, we kept the same access points that we had originally. We took this roadway
and extended it to the south, thereafter, opening up this to the collector roadway here.
As Anna indicated, we will also be extending this green way down here, so it is
continuous through and you can see all the way through from both roadways, but we
have got a lot of frontage there that is inviting and allows for use of that open space.
This particular open space here, we kind of redesigned this block and instead of taking
out kind of these triangular, more linear areas, we have all of this open to the roadways
and we took our ten foot pathway that we connect to Saguaro and we run their six foot
and, then, as you can see, a majority of the ten foot pathway, it would come down this
cul-de-sac and cross here, is in open space, is visible along the roadway network, and
is inviting to the public. We took this linear open space here and, as you can see,
opened it up substantially. I think one criticism or one comment that was made -- you
know, we are seeing these planned developments come through, we would really like to
see them get to ten percent open space or above. We were at around eight. We are at
10.4 percent open space. So, our open space calculations jumped substantially, as you
can see by the two drawings of these common areas have increased. They are more
usable, more obvious, more inviting, gives us a lot more flexibility in what we can do as
far as our amenities, such as our playground equipment. The other thing we had our
pool and our little clubhouse with the restrooms, changing room, lockers right here and
it consisted of just this smaller area. I lost lots. I took lots out here to widen that and
open that up, make it more inviting, and run a pathway from here to here and connect to
this detached sidewalk here that's running along the collector roadway. As Anna
indicated, we had like 233 lots. I think we are at 220 now, so we dropped 13 lots, You
know, that takes a lot of dollars out of the project, but when we worked this over a little
bit, the client believed that we had better lots and a better project, so he had no
complaints. Down here with the school district, I came in with a knuckle and what we
envisioned, it will have a median here, the sidewalk will run around the knuckle, we will
have a ped path and, then, this green space opening down to the middle school. We
see parents coming in here, pulling into this, and, then, picking up or dropping off and
Meridian City Council
January 11, 2005
Page 22 of 37
they could line up, since we have no lots all along here, they could line their cars up,
because that was one other concern of the Council, blocking someone's driveway while
they are picking those kids up along the ped paths. So, we took the two peds and
combined them into one central location, but, yet, open it up, making it far more visible
and far more inviting to go down to the middle school. One comment or staff report was
they asked us to coordinate with the school district on the type of fencing along the
south boundary. I did ask Wendel Bigham about that. His comment to me they always
prefer chain link, because you can see through it, it is inexpensive, and that's what they
like. We have, like at Bridgetower, we did get them to go along with vinyl, as long as we
put it in and paid for it. So, we will work with Wendel to try to come up with something
nicer than chain link, but, obviously, their desire for children safety supercedes our
choice of fence types. But I will work with the school district on that. Concerning the
open space, like Anna indicated, on the plan we show just a six foot cedar board, but
our client is open to like four foot, with some lattice or some non-sight obscuring -- they
have got some real nice vinyls that the slats are offset, so that you can see through
them. But we think we have came back with a good plan. Obviously, our neighbor is
satisfied at this point in time. We are in agreement with all of the conditions that staff
set forth. The only concern we had was the condition that Mr. Silva placed on our
project and the way he explained it to me, he said they take the diagonal dimension,
they take 50 percent of that length and, then, they measure from your two access
points. If these two access points are less than 50 percent of the diagonal link, they
want a third access when you bring on phase one and I was. shaking my head, like
where did this come from? I'm not sure. So, if we placed our access point about three
lots down, I would meet that criteria and he said, well, Meridian Road is -- there is work
in it, we need that third access, but if you put a vehicular access here even temporary, I
mean I don't see that that's going to do us any good and it didn't make a lot of sense to
me and we place detached sidewalk here, we have got berming, fencing, and,
obviously, you'd have to put a gap in there for the fire truck, because it can't drive over
those detached fences -- or detached sidewalks and berms. So, it didn't make a lot of
sense. We will open up both access points with the first phase, so we will meet the
secondary access and I thought that was always the important one. So, I did ask for a
deviation from that and I did talk with Mr, -- or Chief Bowers about that. The only other
thing that I noticed that was of concern is on the pathway construction, always get the
same condition, that we meet the requirements in the parks department's
comprehensive plan, which exceeds that of a public street, so we always ask for the
ability to work with parks and public works staff on the standards for the pathway. And
that's under item eleven, I believe. Other than that, I think we are in agreement. I think
we have came back with a good plan and I'm pleased and I feel that we have met all of
the concerns of the Council and even went a few steps beyond that to make this a good
project and a good neighborhood. Thank you.
De Weerd: Becky, I can tell you that is a hundred percent better. It looks nice. In
particular, I think one of my biggest disappointments with the previous plat was the
upper entrance in, where it kind of dead-ended into a lot. So, this looks so much nicer.
McKay: Taking that bend out.
Meridian City Council
January 11,2005
Page 23 of 37
De Weerd: Uh-huh.
McKay: Yeah. We took that and swept it in.
De Weerd: That's very nice and you give some nice open space, too.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I, too, would like to compliment you on that and you took all our suggestions -- not
that we are always right, but you went back and did an awful nice job.
McKay: Thank you.
De Weerd: Any other comments?
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I'll second those comments, but beings this is the preliminary plat, at some
point in time, now that your neighbor to the north is going to develop, that long dirt
pathway between the two ultimate subdivisions is going to become an issue.
McKay: Yes, sir.
Rountree: Have you had an opportunity to discuss that with the Priddys at this point or
are they open to that, how's that going to be resolved?
McKay: Madam Mayor, Council member Rountree, I did have a conversation with Dave
McKinnon, who represented Farwest Development and the Boyacks, I think, who
wanted that driveway for their new home. My client said that we weren't interested in
that driveway, because we have got a lateral running through there that we are going to
have to pipe. Mr. McKinnon is also representing Mr. Priddy and that's how I found out
that Mr. Priddy was looking at high density residential development to the north of us,
therefore, Mr. McKinnon indicated that he was going to approach Mr. Priddy and see if
they could incorporate that 20 -- is it 24 feet or something along that line.
Rountree: It's pretty narrow.
McKay: I agree with you, it needs to go away, because those long flag-type driveways,
you know, they are not a good thing and I was very disappointed that it transpired in the
beginning. But as you recall, I said don't make it my problem.
Meridian City Council
January 11, 2005
Page 24 of 37
Bird: Madam Mayor?
De Weerd: You're right.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: As I understand from one of the owners out there, that that does go away as soon
as Saguaro is built and that house in the back there has another way out. But that right
of way or whatever that lane is does go away,
McKay: And we have provided a stub to the Boyacks also. So, if we get there before
Saguaro, it could be eliminated --
Bird: Sooner.
McKay: -- sooner. Yes, sir.
Rountree: I'm just concerned that people are not thinking about it, but apparently they
are.
McKay: It's fresh in everybody's mind and, yes, sir, we have discussed it.
De Weerd: And I sure hope Mr. McKinnon thinks how he's going to transition those
large lots.
McKay: I thought of that myself.
Bird: I hope he don't keep the bull over there.
McKay: Is that an amenity? Does it count?
De Weerd: Okay. Any further comments from Council? Or questions? I'm sorry,
Okay. Thank you, Becky. Is there anyone who would like to provide testimony on this
application? Seeing none.
Canning: Madam Mayor?
De Weerd: Yes, Anna.
Canning: You know, not to sound like I'm just jumping on the band wagon, but when
Becky did bring this one back, I -- she brought it back quickly after the Council's initial
decision and it was just such a much better site design that I was enthusiastic about
seeing it go through the process again and that sometimes it does -- the remand does
work, so -- regarding the fire department condition, if the Council wishes to remove the
Meridian City Council
January 11, 2005
Page 25 of 37
need for the temporary access, it would be fire department condition number five. I
think you just need to strike the sentence -- second sentence, there we go, and I -- the
parks department statement says just that the applicant shall coordinate construction of
a pathway with Meridian Public Works, so I think that that's loose enough for right now,
Oh, is there another one? Okay. It's also apparently referenced in site specific
condition -- no. I'm sorry. Not site specific, it's standard conditions of approval number
-- okay. It's in preliminary plat item number 11 where it says applicant shall conform to
the parks department standards for construction of the regional pathway. Maybe it
should -- we could modify it to read applicant shall work with the parks department on
construction of the regional pathway.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Just a comment and, then, a quick question. I'd like to compliment Becky on
bringing back what I feel is a nice project and, really, after I believe hearing a
dissertation on the planned unit development process which we had, these kind of
concessions do make a nice development. But I would like to know whether the chief or
Anna could answer a question for me as far as the existing requirement. Is that a
standard condition? I have heard that utilized in terms of building exiting, but is --
Canning: Usually we see it used when there is just one access road and, then, they ask
for a temporary -- secondary temporary access until some other streets get built that
connect to it, but in this case where you have two entrance roads, it was unusual. And
it's just because it just barely didn't meet that diagonal requirement that Becky explained
so eloquently.
Wardle: Madam Mayor. Is the Planning staff, then, comfortable with deleting the --
Canning: I was surprised to see it in the first place. Usually, when there is two access
points to a subdivision, we don't see it -- and it's just barely off, so I felt pretty
comfortable with it.
De Weerd: For the record, can we have the chief verify that.
Bowers: Madam Mayor, City Council, Councilman Wardle. That's correct. After Becky
showed me that we were off by only two lots, I don't see where we are going to have a
problem with that. And, of course, you would have to tear out the -- or not put in the
landscaping or the sidewalk and I do hate those emergency accesses through there,
because they become trash, weed problems, so -- and I have never heard this before,
so I will find out tomorrow morning where it come from. Thank you.
De Weerd: Thank you, chief. Okay. Is there anything further?
Wardle: Madam Mayor?
Meridian City Councii
January 11, 2005
Page 26 of 37
De Weerd: Mr. Wardle.
Wardle: Hearing nothing further, I move that we close the Public Hearing.
Rountree: Second.
Bird: On all three or --
De Weerd: I believe that motion was for 13,14 and 15?
Wardle: Yes.
De Weerd: Thank you. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: If there is no discussion, I would entertain a motion.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No. 13, AZ 04-019, revised Ventana Subdivision
and to include all staff, applicant, and public comments, noting the deletion of fire
department condition number five.
Donnell: Second,
De Weerd: Okay. The motion is to approve Item 13 as amended, If there is no further
discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 14.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No. 14, PP 04-026, revised Ventana Subdivision
preliminary plat to include all staff, applicant, and public comments, specifically noting
applicant's comments in regard to fencing options to include either open vision fencing
or four foot solid fencing with two foot open vision.
Meridian City Council
January 11,2005
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Donnell: Second.
De Weerd: Okay. The motion is to approve Item 14. Is there any further discussion?
Was there any change on the Item 11? Did we need --
Canning: I think that's the one where we needed change to the parks department
standard, just to have them work with them.
De Weerd: Okay. And that's included?
Wardle: Yes. Madam Mayor, if I could amend my motion to also include specific
comments item number 11, to include working with the parks department on the specific
pathway requirements.
Donnell: Second agrees,
De Weerd: Okay. Thank you. Any further discussion? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Item 15. Mr. Wardle.
Wardle: Madam Mayor, I move that we approve Item No. 15, CUP 04-028 revised
request for a Conditional Use Permit, Ventana Subdivision, and to include all staff,
applicant, and public comments.
Donnell: Second.
De Weerd: Okay. The motion is to approve Item 15. If there is no further discussion,
Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea,
MOTION CARRIED: ALL AYES.
De Weerd: Mr. Rountree.
Rountree: Madam Mayor, I guess I'd like to suggest that, Anna, if you could get ahold
of the Saguaro folks, developers, and indicate, if they don't know, the changed
circumstance that's occurring out there abutting them. As I recall, we placed some fairly
significant requirements in terms of fencing and those sorts of things to protect their
future residents against the agricultural activities that were going on on the Priddy
property that may, in fact, not occur now and there may be some resolve between them
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and maybe Mr. McKinnon as that property develops, that they might want to come back
to the city and request modification.
Canning: Madam Mayor, Members of the Council, they actually turned in on the Boyack
property, which is the -- here we go. They chunked off five acres kind of in this location
that had a lot of frontage with the Priddy property and they were originally going to put
the one new home on there that had access off the private drive. They have submitted
an amendment to the Saguaro preliminary plat to like make ten build-able lots there.
So, we can address those conditions through the amendment to the preliminary plat that
-- it was just accepted on Friday, I think. So, it's in the works. See, look at that for
service.
Rountree: Way to go.
Item 16:
Public Hearing: AZ 04-030 Request for Annexation and Zoning of 1.8
acres from RUT to a CoG zone for Southern Sprinas No.3 by The Land
Group, Inc. - east of South Meridian Road and south of East Overland
Road:
Item 17:
Public Hearing: PP 04-041 Request for Preliminary Plat approval for
three (3) building lots on 1.8 acres in a proposed CoG zone for Southern
Sprinas No.3 by The Land Group, Inc. - east of South Meridian Road
and south of East Overland Road:
De Weerd: Thank you, Anna. Okay. Item 16 is Public Hearing AZ 04-030. I will open
this Public Hearing with Anna's comments.
Canning: Madam Mayor, Members of the Council -- this is way at the top of Ventana,
Sorry. There we go. This is Southern Springs No.3. It's a request for preliminary plat
approval. The property is located just south of Southern Springs, It is the last
remaining county property between -- I just forgot that street name. Calderwood.
Thank you. It's the last remaining property adjoining Calderwood. I should have
remembered that. I just can't quite see it from this distance. So, they have included it
as part of the Southern Springs application. You will remember you recently approved
the assisted living and Alzheimer's care and, then, light office just to the south of here.
This is the existing site with many many trees on it at the present time and the applicant
has improved the frontage along Calderwood and along Meridian Road and, then, they
have connected to the drive aisles that are being proposed as Southern Springs. They
have also connected the pathway that was proposed as -- along the canal. They have
dropped it down into their site and connected to Calderwood, so that is the ten foot
multi-use pathway, So, that will provide the full connection from Calderwood up to
Overland Road, completing that chunk of it, anyway. This is the-- I'm going to switch to
the landscape plan, because it's a little easier to see, because we have fewer trees. We
don't usually go to fewer trees and a landscape plan, but on this one they had to make
room for some buildings. So, we have three building sites, as you see here. They have
improved -- they have done their street buffers and their screening on the east side of
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January 11, 2005
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the property. The Planning Commission heard this item on December 2nd, 2004, and
speaking in favor of the application was Mr. Dave Koga from the Land Group. No one
from the public testified in opposition. The key issues of the discussion by the
Commission were the access points to Calderwood and this access does line up with
the one that was approved just to the south. The Commission. discussed the sidewalk
and landscaping requirements adjacent to Meridian Road. They have taken the
attached sidewalk as it comes to Meridian Road, but, then, they have -- they have
brought it into a detached sidewalk as it continues into the site and goes into the other
Southern Springs properties. And they discussed the phasing of the development and
the interconnectivity with adjacent property, specifically Southern Springs No, 1 and 2.
There were no changes to staff's initial recommendations and to our knowledge there
are no outstanding issues before the City Council. The Planning Commission has
recommended approval of this project.
De Weerd: Thank you, Anna. Was this noticed to any of the neighbors?
Canning: Yes.
either, so --
No one spoke in opposition at the Planning and Zoning Commission
De Weerd: But are the neighbors that we saw in full force close enough to have been
notified?
Canning: Yes, ma'am. They would have been, because, as you can see, there is just
one -- there is just one little intervening property here, so the 300 foot would have gotten
these owners here. Now, when we -- these other ones came in, they were bigger, so
they would have caught more residences in that area, but the 300 foot would have
gotten these folks right here.
De Weerd: How did you do that, two little red dots to--
Canning: I think I had some help from the city clerk over there.
De Weerd: Okay. Thank you, Anna. Would the applicant like to come forward? If you
will, please, state your name and address.
Koga: My name is David Koga with the Land Group at 462 East Shore Drive, Eagle,
Idaho. We just moved awhile back. Basically, I think Anna did a good job of explaining
the specifics about the project. There is just a couple items I thought maybe I can
explain a little bit further in regard to the existing trees on the site. As on condition
number nine, it says required to meet with Elroy Huff and put together -- prepare a
landscape plan -- mitigation plan for the trees, which we did. We met with Elroy and he
gave us a report. Basically, he -- of all those trees, he suggested to save 14 trees and
of those 14 trees we were able to safe those per our design -- save six of the trees, We
had to move eight trees. So through the mitigation we had to provide 106 caliper inches
of trees, which is the same as 53 two inch caliper trees, which we did and, then, put a
new design that was basically scattered throughout not just the phase three area, but
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through phase two area also. So, was able to provide even more trees adjacent to the
Ten Mile Creek. In regard to the neighbors, Madam Mayor, we -- I did meet with a
gentleman just -- there is Mr. Neil that lives right here. That's the first thing I did is meet
with him face to face, because I was concerned -- but he's kind of an island right there.
And he -- I showed him the whole design and showed him what we were doing and he
didn't have any problem with it. His only concern he had has to do with traffic, because
the traffic was increased with the Meridian high school. Other than that, all the other
neighbors around here, I think they understood, because of the previous phase one
project, that they understand we are going to put the pathway system and the fencing,
which was the key issue there. So, I think that's the reason why they didn't come here,
De Weerd: Well, Dave, I appreciate that you have reached out to the neighbors first.
That's important.
Koga: So, any questions?
De Weerd: No. Thank you.
Koga You bet.
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I'd like to move to close the Public Hearing.
De Weerd: If I could just offer it, we have only one person sitting out there, give him an
opportunity not to come forward. Is there anyone else in the audience who would like to
provide public testimony on this application? Seeing none, yes, Mrs, Donnell.
Donnell: Now, Madam Mayor, I'd like to move to close the Public Hearing.
Bird: On 16 and 17?
Donnell: On 16 and 17, yes.
Bird: Second.
De Weerd: The motion is to close the Public Hearing on Items 16 and 17. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Donnell: And Madam Mayor?
De Weerd: Yes.
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Donnell: I'd like to make a motion to approve AZ 04-030, request for annexation and
zoning, Southern Springs No.3.
Bird: Second.
Donnell: Including all staff comments.
Bird: Second.
De Weerd: Okay. The motion is to approve Item 16. Hearing no further discussion, Mr,
Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea,
MOTION CARRIED: ALL AYES.
De Weerd: Since we have closed the Public Hearing on 17 and I don't think I had
opened it, please, for the record note that I also included Item 17 when I opened that.
Bird: I swore you said 17.
Donnell: We heard it, I'm sure. Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: First of all, before I make the motion, I just want you to know that having
driven down Calderwood for ten and a half years to get to my previous home, it's very
nice to see something happening there that's not going to be quite so much of a mess
as it's been. So, this is very nice. So, with that I'd like to make a motion to approve PP
04-041, request for preliminary plat for Southern Springs No.3.
Bird: Second.
De Weerd: Okay. The motion is to approve Item 17. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 18:
Ordinance No. 05-1122 : AZ 04-022 Request for Annexation
and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather Villaae
Subdivision by Packard Estates Development, LLC - east of North Eagle
Road and north of East Fairview Avenue:
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Item 19:
Ordinance No. 05-1123 : RZ 04-014 Request for a Rezone of
2.4 acres from R-4 to R-15 zones for Cedar Springs Place Subdivision
by Plantation Place, LLP - southwest corner of North Meridian Road and
West Ashby Drive:
Item 20:
Ordinance No. 05-1124 RZ 04-013 Request for a Rezone of
1.674 acres from C-C to CoG zone for Westside Bodv Works by
Westside Body Works - 210 East Fairview Avenue:
Ordinance No. 05-1125 AZ 04-028 Request for Annexation
and Zoning of 43.83 acres from RUT to R-4 & L-O zones for Strada
Bellissima Subdivision by Pinnacle Engineers, Inc. - NWC of Victory
Road and State Highway 69:
De Weerd: Okay, Items 18, 19,20, and 21 are ordinances for 05-1122,05-1123,05-
1124,05-1125. Mr. Berg, will you, please, read these items -- ordinances by title only.
Item 21:
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1122, an
Ordinance Red Feather Village Subdivision or property located as described in
Attachment A of this ordinance and annexing certain lands and territory situated in Ada
County, Idaho, and is contiguous to the corporate city limits of the City of Meridian, as
requested by the City of Meridian, and establishing and determining a land use zoning
classification of said land as R-8, Medium Density, in the Meridian City Code, providing
that copies of this ordinance shall be filed with the Ada County assessor, the Ada
County recorder, the Idaho State Tax Commission as required by law and providing a
summary of the ordinance and providing for a waiver of the reading rules and providing
an effective date.
Berg: Ordinance No. 05-1123, an Ordinance Cedar Springs Place Subdivision for
property located as described in Attachment A of this ordinance and rezoning certain
lands and territory situated in Ada County, Idaho, and within the corporate limits of the
City of Meridian, as required by the Plantation Place, LLP, and rezoning the land use
zoning classification of said lands from R-4 to R-15 high density to multiple family in the
Meridian City Code, providing that copies of this ordinance shall be filed with the Ada
County assessor, the Ada County recorder, the Idaho State Tax Commission, as
required by law, and providing for a summary of the ordinance and providing for a
waiver of the reading rules and providing an effective date.
Berg: Ordinance No. 05-1124, an Ordinance Westside Body Works, located in the
southwest corner of Section 6, Township 3 North, Range 1 East of Boise Meridian, Ada
County, Idaho, as described in Attachment A of this ordinance and rezoning certain
lands and territory situated in Ada County, Idaho, and within the corporate limits of the
City of Meridian and rezoning the land use zoning classification of said lands from C-C,
Community Business District, to CoG, General Retail and Commercial in the Meridian
City Code, providing that copies of this ordinance shall be filed with the Ada County
assessor, the Ada country recorder, the Idaho State Tax Commission, as required by
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law, and providing for a summary of the ordinance and providing for a waiver of the
reading rules and providing an effective date.
Berg: And Ordinance No. 05-1125, an Ordinance Strada Bellissima Subdivision for
property located as described in Attachment A of this ordinance and annexing certain
lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the
corporate limits of the City of Meridian, as required -- as requested by the City of
Meridian, establishing and determining the land use zoning classification of said land as
R-4, low density, and L-O, Limited Office, in the Meridian City Code and providing that
copies of the ordinance shall be filed with the Ada County assessor, the Ada County
recorder, and the Idaho State Tax Commission, as required by law, and providing a
summary of the ordinance and providing a waiver of the reading rules and providing an
effective date.
De Weerd: Okay. You have heard these ordinances read by title only. Is there anyone
in the audience who would like to hear them read in their entirety? Thank you. Hearing
none --
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I would move that we approve Ordinance No. 05-1123, 04-1122, 05-1124, and 05-
1125, with suspension of rules.
Wardle: Second.
De Weerd: Okay. The motion is to approve Items 18 through 21, Mr. Berg, will you call
roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you, Mr. Berg. Council, before we go to the next item, we did put the
two letters in front of you at the end of the agenda, so that -- staff, would you mind
discussing -- or would you object to discussing this right now?
Rountree: No.
Bird: I think we need to.
De Weerd: Okay. Good. Mr. Wardle.
Wardle: Madam Mayor, having the opportunity to read these letters, certainly agree
with the content of both of them, especially, the opportunity for the public to comment on
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the Eagle corridor study and certainly agreeing that the Ten Mile interchange is of
significant importance, as we all know. Those are my comments on the letters and I
would be happy to sign my signature.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I would have to abstain signing the letter to the Congressional delegation
and it doesn't make an awful lot of sense for me to sign State Highway 55 back to
myself, so --
De Weerd: Your name's not on this.
Rountree: I know.
De Weerd: Okay. Mr. Berg, did you have this via e-mail? Did -- were you e-mailed this
-- these letters?
Rountree: I got them this afternoon.
Berg: Madam Mayor, I did not see it on my e-mail when Mark told me he was working
on the server and I turned off my computer.
De Weerd: Mr. Nary, do you have this on yours?
Nary: I do, Madam Mayor. I went and -- I stepped out to change the signature page.
We can certainly change and take Councilman Rountree's name off of the letter if he
would prefer, but I have them -- I can get them printed. We have another item. I can
get them -- if you're all okay with it, I can get them printed when we go do that and you
can sign the --
De Weerd: Since we have that opportunity, I would like to suggest adding to the
Congressional delegation letter at the very end of the last sentence -- paragraph, just --
that benefits the citizens of the City of Meridian and the valley as a whole, to add: And
the valley as a whole. Or something similar. Because this is a regional wide list that's
going --
Donnell: Maybe the entire Treasure Valley.
Bird: That's what I was going to say, the entire Treasure Valley. Not only the City of
Meridian, but the entire Treasure Valley.
Wardle: Being that is a regionally significant project.
Donnell: Yes, it is.
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De Weerd: Okay. Council, I would ask for your signatures tonight, but we will hold this
letter until the last moment to see if ITD will be releasing a list of approved projects or
recommended projects. I'd like to wait until that list comes out and, then, send this out.
Does that seem --
Donnell: Uh-huh.
De Weerd: -- okay with everyone?
Donnell: Sure.
Wardle: Yes.
De Weerd: Okay.
Canning: Madam Mayor, if that list doesn't come out before they need this letter, do you
not want it sent?
De Weerd: I guess we will decide at that time.
Nary: I believe Mr. Siddoway indicated Friday was when Compass had requested the
letter on the T-21 projects and next week on the Eagle Road.
De Weerd: I think we would like to hold both until then, but we will see what happens by
the end of the week and, then, make that determination. And I will let Council know,
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: The 14th is the date of submission that's been provided by the
Congressional delegation, primarily the house members. They are seeking this
information, so their cutoff is the 14th.
De Weerd: So, that list will be out by the 14th.
Rountree: Yes.
Bird: Madam Mayor?
De Weerd: Okay. Mr. Bird.
Bird: Isn't this the discussion we had at the last Compass board meeting, the T-21?
De Weerd: Uh-huh. Yes.
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Bird: I don't know. You know, Ten Mile interchange isn't even mentioned in it. I don't
know. I have problems supporting it. I didn't vote for it over there,
De Weerd: In particular, we are, basically, endorsing the process, as they are selected
through actions of the board and we did specifically note the projects and we don't want
to have it look like sour grapes. We recognize that our project, which we think is
regionally significant, is not on there and that we added the additional comments to that.
Bird: Yeah, well, the other cities had that same additional comment. We can add that
same additional comment. I will sign it, but I - I don't know. I have problems at times
with it.
De Weerd: Well, certainly --
Bird: Ten Mile keeps getting shoved and shoved and shoved.
De Weerd: As you know by my comments at the Compass board, I was a little
frustrated as well, but we want to also be collaborative in this process, too.
Bird: Yeah.
De Weerd: So, if we could, after Mr. Nary prints this off, we will ask for your signature
and we won't release it until we do get the list, which I'm sure will be released -- similar
deadlines, so we will try and plan accordingly. Or react accordingly. Okay.
Item 22:
Executive Session per Idaho State Code 67-2345(1)(c).
De Weerd: Thank you. I would entertain a motion to go into Executive Session.
Bird: Madam Mayor? Go ahead, Christine.
Wardle Second.
Donnell: Yeah. So moved.
Wardle: Second.
De Weerd: Okay. Mr. Berg, will you, please, call roll. That motion was to adjourn into
Executive Session.
Bird: As per what?
De Weerd: As per stated in the agenda.
Berg: C.
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Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION:
De Weerd: I would entertain a motion to come out of executive session.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye.
MOTION CARRIED: ALL AYES.
De Weerd: Please note for the record that no decisions were made while in executive
session. Council I would entertain a motion to adjourn.
Donnell: So moved.
Rountree: Second.
De Weerd: All those in favor say aye.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 9:50 P.M.
ATTESTED: .Jf~).
WILLIAM G. BERG, J