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HomeMy WebLinkAbout2005 01-25 Meridian Citv Council Meetina January 25. 2005. The regular meeting of the Meridian City Council was called to order at 7:16 P.M., Tuesday, January 25, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Christine Donnell, and Charlie Rountree. Others Present: Ted Baird, Will Berg, Anna Canning, Brad Watson, Jim Musser, Doug Strong, Kenny Bowers, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird ~ Mayor Tammy de Weerd De Weerd: I will go ahead and call the regular City Council meeting to order. It is January 25th. It is two minutes after7:00. Welcome to our meeting this evening. Mr. Berg, will you, please, start us with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No.2 is the pledge of allegiance. If you will, please, rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Alex Chamberlain, with St. Luke's Chaplain: De Weerd: Thank you. Item No.3 is our community invocation. Today we have Alex Chamberlain with us. He is the chaplain at St. Luke's. Thank you for joining us. If you will, please, join us in the community invocation or take this opportunity for a moment of silence. Chamberlain: Our God, we pray for those who continue to struggle in southern Asia as recovery from the tsunami continues. Guide the rescue workers to make wise and compassionate choices in how the aid goes to the places that will do the most good. We pray for our troops overseas, especially in the run up to the Iraqi elections. We pray for the safety of our soldiers and ask that you give courage to those who will be exercising the right to vote in open elections. As our men and women introduce democracy in that country, we give thanks for our freedoms here. Let tonight's meeting be a model of open discussion, disagreement, and decision making that takes into account the views of some and, then, produces results that benefit many. We thank Meridian City Council January 25. 2005 Page 2 of 25 you for this democratic institution and the privilege of our participation in it and when this meeting comes to a close, guide us safely to our homes with a sense of accomplishment and the knowledge that time and energy spent in the service of others is never wasted. Hear us in the name of the Lord, the one who loves us best, Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you so much for joining us. And it is important to remember our military families that are here in our community. There are a number of families in Meridian that have one of their loved ones deployed and earlier this month one of our police officers was deployed as well. So, our thoughts are with them. Thank you for that timely reminder. Okay. Item No.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We need one addition on our regular agenda. We need to -- under department reports we need an Item B, Public Works by Brad Watson. And excluding anything else, I would move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. The motion is to approve the agenda as revised. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. B. Approve Minutes of January 11, 2005 Pre-Council Meeting Minutes: Findings of Fact and Conclusions of Law for Approval: 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: C. Findings of Fact and Conclusions of Law for Approval: 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: Meridian City Council January 25, 2005 Page 3 of 25 D. Findings of Fact and Conclusions of Law for Approval: 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: E. Findings of Fact and Conclusions of Law for Approval: AZ 04- 030 Request for Annexation and Zoning of 1.8 acres from RUT to a C-G zone for Southern sDrinas No.3 by The Land Group. Inc. - east of South Meridian Road and south of East Overland Road: F. Findings of Fact and Conclusions of Law for Approval: PP 04- 041 Request for Preliminary Plat approval for three (3) building lots on 1.8 acres in a proposed C-G zone for Southern sDrinas No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: G. Resolution No. 05-458 Sewer Master Plan: Wastewater Facilitv Plan & H. Approve Beer and Wine License for Dancina Doa Coffee House - 10 West Franklin: I. Approve Beer and Liauor License for Bill N Lvnn's Back Room - 229 West Franklin: De Weerd: Item 5 is our Consent Agenda and, for the record, please, note G is Resolution 05-458. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published, including Resolution 05-458 and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Thank you. The motion is to approve the Consent Agenda. 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. Meridian City Councii January 25. 2005 Page 4 of 25 Item 6: (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from the Consent Agenda. Item 7: Department Reports: A. City Council President - shaun Wardle 1. Department Liaisons: De Weerd: So, we will move to 7 and I will start with Councilman Wardle. Wardle: Thank you, Madam Mayor. I'm going to take this opportunity to announce the new liaisons for the departments. with just a small bit of editorializing and great thanks to each of the Council members and their service to the departments. In the liaison role for Public Works will be Councilman Rountree, continuing in that role from the past year. A change this year, utilizing Council-member Donnell's specific skills in her former profession and some well-needed community billing with the school district, has agreed to take over the parks department. So, we look forward to continuing our relationship with the school district, specifically through the parks department. Council-member Donnell has also agreed to be the liaison for the human resource department, city clerk's department and finance department within the City Hall. A new liaison was needed this year for our legal department and that will be Councilman Bird, who will also continue as a liaison for the fire department and certainly many challenges this year, especially with the opening of the new station. As far as the police department, I will be accepting the new role as the liaison for the police department, as well as remaining in my current role for the Planning and Zoning Department liaison. And, then, also I will be the budgetary liaison for the Mayor's office. Encourage everyone to contact the departments and continue the excellent work that they have been doing. De Weerd: Mr. President, are there any assignments that have been changed with the regional partnerships that we have? Wardle: The regional partnerships will continue as current and I believe we will be seeing in the next week or so some resolutions to continue those if needed. De Weerd: Okay. And, Mrs. Donnell, I do have a meeting to inform you of, then, in your role as the new parks liaison. Donnell: Okay. De Weerd: So, please, remember to remind me after the meeting. Donnell: Remember to remind you. De Weerd: Remember to remind me. Meridian City Councii January 25, 2005 Paga 5 of 25 Donnell: Okay. B. Public Works - Brad Watson: De Weerd: Okay. Item B, Public Works. Watson: Thank you, Madam Mayor and Council-members. I apologize for doing this to you two weeks in a row, bringing something to you at the last minute. However, this one has some definite benefits. This is an addendum to a license agreement with Nampa-Meridian Irrigation District. It's part of the Black Cat sewer project. The contractor worked out an alternate construction method to cross the Kennedy lateral and avoid boring. I'm told by my staff that this will save the city about 100,000 dollars. The deal is we have to get this to Nampa-Meridian's board meeting tomorrow, so that they can sign it and the contractor can proceed. So, with my apologies, I humbly request approval of this and I will be happy to answer any questions if you have any. De Weerd: Well, Brad, I won't let them give you any hard time. We know how overloaded your staff and yourself are. So, we appreciate you bringing this in front of us. And, Council, do you have any questions or do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there are no questions, I move that we approve the request from the Public Works director to move forward with the license agreement and authorize the Mayor to sign. Donnell: Second. Bird: Second. De Weerd: Okay. Thank you. The motion is to approve the request for the license agreement for the Black Cat sewer trunk phase one project. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 8: FP 04.082 Request for Final Plat approval of 11 commercial building lots on 10.8 acres in a CoG zone for Southern sDrinas Subdivision No.2 by The Land Group, Inc. - SWC of East Overland Road and South Meridian Road: Meridian City Council January 25. 2005 Page 6 of 25 De Weerd: Thank you. Okay. Item 8 is FP 04-082 and we will begin with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for final plat approval of 11 commercial building lots on ten acres, a little bit more than ten acres, in a CoG zone. This was preliminary platted as Southern Springs No.1, but it's coming as Southern Springs No.2 final plat, just to make things confusing, and the staff report that is before you tonight tried to accommodate the applicant's request for a private drive that runs the length of the property. It was noted in the notes as a private drive and although City Council had not approved a private drive at that location, we were asking that you do that tonight. We assumed they decided to make it a private drive, because they had a private drive going through Southern Springs No.1. We did try and contact the applicant, but -- before the staff report was written, but could not reach him, regarding that item or another item, which was that two extra lots showed up in this location. They were not build-able lots, they just had the private drive aisle on them and an irrigation easement, but we did ask for comments on those two things prior to the hearing tonight. Late this afternoon we discovered that they didn't want a private drive here and that those two lots were not intended to be separate lots, they were intended to be as they were originally approved in the preliminary plat. So, basically, the staff report has no correct information in it, but I think we can make this work. I called the applicant and he .has prepared a letter that's in front of you now, I believe you have a copy, and he went through and explained exactly what needs to be changed as far as the conditions of approval. Both Brad Watson and I have reviewed this and it appears correct, except for one item. So, now I'm referring to a letter dated January 25th from Mike Limika and it's item 2-B, which item 13 can be eliminated from the staff report. Mr. Limika - I don't know why I have such a hard time saying that name -- had thought that applied to these two lots here, the open space lots I mentioned before, but they actually apply to a small unidentified lot in this location and one over here. Both those properties are going to be dedicated as right of way. So, that's what the staff report assumed at the time. So, item 13 needs to stay. So, the letter is correct, except for item 2-B, which references item 13. So, with that I think we are okay. De Weerd: So, the question to Council 2-B or not 2-B. Does the applicant have anything to add on this item? If you will, please, state your name and address. Limika: Madam Mayor, Council Members, my name is Mike Limika, with the Land Group. I have trouble saying the name myself. With the Land Group at 462 East Shore Drive in Eagle. I just maybe would like to stand for additional questions about the letter that seems to be a bit confusing, but it's basically that we never intended to have private roads in this site of the -- phase of the development. The first phase of the development was an L-O zone, which required private roads internally. We had some confusion and our staff continued with private roads in the phase two portion and how it got final plat -- but it wasn't intended that it be private. So, the notes in -- that are addressed there in item number one of my letter should take care of that matter. As far as the blocks go -- or I mean the additional lots, on the final plat there were -- the center line of the road caused our surveyor to believe that there was two additional lots created and we never Meridian City Councii January 25, 2005 Page 7 of 25 intended there to be two lots there. And the final item on there was just a -- I think it was misprinted in the specifics -- site specific items that just shouldn't have been there. I will stand for questions if you have any. De Weerd: I guess we would have a question on 2-B. Limika: 2-B. De Weerd: Uh-huh. Limika: Oh, the question -- yeah. De Weerd: Or not. Limika: Item 2-B is not to be. In frantically trying to find all the places within the staff report that addressed the lot mistake, I glossed over the fact that that was referring to these other two lots. Those two lots -. one is going to be deeded right of way on the west side of the subdivision there. It will be deeded to lTD. They requested that for turn lane road widening in that area. So, there will be an instrument number and a deed associated with that. The location -- the lot above this is right of way that will be dedicated to the Ada County Highway District and that will also be handled in the same way. De Weerd: Okay. So, Item 13 should be kept in the staff report? Limika: Correct. De Weerd: Okay. Okay. Council, do you have any questions for the applicant? Bird: I have none, Mayor. De Weerd: Okay. Thank you. Limika: Thank you. De Weerd: Mr. Wardle. Wardle: Madam Mayor, hearing no other comments, I would move that we approve Item No.8, FP 04-082, final plat for Southern Springs Subdivision No.2, including all staff and applicant comments, specifically regarding the letter from the Land Group, dated January 25th, 2005, with the deletion of item number 2-B from that letter. Donnell: Second. De Weerd: Thank you. The motion is to approve the requestfor Item No.8 with the amendment as stated. Mr. Berg, will you call roll. Meridian City Council January 25. 2005 Page 8 of 25 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 9: FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 10.07 acres in a R-8 zone for Arcadia Subdivision by Pinnacle Engineers, Inc. - 5995 North Jericho Ro~ De Weerd: Okay. Item No.9 is FP 04-084. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have in our packet -- and I'm sorry that I didn't do this when we did the agenda. I knew about it. We have a letter from Sonya Allen and Bruce Freckleton requesting that this -- we defer this final plat to the next available meeting, which is February the 1 st, 2005, and I would move that we do that. Rountree: Second. De Weerd: Okay. The motion is to table this item until next week, February 1 st. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: RP 04-002 Request for a Reduction in Platting Requirements to divide one 12.25 acre un-platted parcel into two parcels in a CoG zone for Lvons DeveloDment. LLC by Lyons Development, LLC - southwest corner of West Overland Road and South Stoddard Road: De Weerd: Okay. Item No.1 0 is RP 04-002. Anna. Canning: Madam Mayor, Members of the Council, it seems like I just did this. This is a request for a reduction in platting requirements. The property was the subject of a Conditional Use Permit recently for Stow-It facilities. It's located at the intersection of Overland and Stoddard. The proposed reduction in platting request would divide off the storage facilities -- and I do believe I have it. Yeah -- the storage facilities and it would leave the commercial lots that were proposed at the corner of them in a separate ownership. As you may recall, this property does not have sewer yet, it does have water, so the storage facilities were allowed to operate on a septic system until sewer is available. The commercial development was only conceptually approved and it was contingent on having sewer services to the site. Given the complexity of the site and a number of outstanding issues regarding full improvement of what was approved for the conditional use, staff was not recommending approval of the request to -- for reduction in platting requirements. However, since the time that staff wrote their report, staff has Meridian City Councii January 25. 2005 Page 9 of 25 had a number of conversations with the Stow-It folks, as well as the folks that will retain ownership of the commercial property, and they have provided a number of items documenting many of the concerns that staff had. One of those is the real estate agreement, the description of easements, and assurances regarding, in particular, that the maintenance and installation of all the landscaping requirements on Overland and Stoddard. So, given all those articles, staff did feel it was -- that they could go forward with a recommendation to approve the reduction in platting requirements as -- with including the conditions of approval outlined in the memo that you should have received from Craig Hood today. Dated today. So. staff does feel comfortable going forward with the reduction in platting requirements. I will answer any questions you have and sorry for the late notice, it was -- we have just been really trying to work with folks on these two items and turn around times are short on these items that go before you folks and I apologize for the -- the kind of uselessness of the staff reports for the first two items tonight, so -- De Weerd: Council, do you have any questions? Bird: I have none. De Weerd: Okay. Does the applicant want to make any comments? McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. I'd just like the Council to know that we have been working with the staff on this. There was some confusion with the staff member who was not involved in the original annexation, conditional use, and the original requirements that were set forth and so they kind of had some major concerns, but as Anna indicated, I believe we put them to rest. This is the Idaho Power sub station, for those Council members that aren't familiar with the property. They had a Conditional Use Permit for this portion under Ada County's jurisdiction and, then, we annexed and received conditional use approval on the northern portion. The property is traversed by the Hardin Drain and under Ada County 's ordinance it defines contiguous property as parcels that can be used as one unit and in the past I have met with their director -- previous director Mr. Patlovich and the director before that about the ability of how that comes into play. So, under the county and when I worked with the county, it was the same, this is a parcel and this is a parcel. And Idaho Power retained this. They sold this to my client and, then, it is a parcel in itself. He is asking for this one time split under this provision that your staff has come up with. The corner parcel -- this is un-developable until such time as the Black Cat Trunk comes across the freeway and is able to serve this property. And we have read staff's new conditions of approval, he fully understand it and agree with all their conditions. Do you have any questions? De Weerd: I guess just a reminder, Becky, is even though they recognize that that corner can't be developed until we have sewer out there, the landscaping would be completed when the storage units went in; correct? Meridian City Council January 25,2005 Page 10 of 25 McKay: Yes, Madam Mayor. That was one of staff's main concern and they sent over the agreement between the two parties that both parties have signed and it stated that that landscaping would be installed as per the city's requirements, even if it was required prior to the development of this or prior to an issuance of a building permit or occupancy on this, that that sidewalk along Overland and Stoddard and the landscaping and the amenity at the corner, which was the fountain, would be installed. So, it would not be piecemeal, no, ma'am. We would be installing that and my client fully understands that and it will be at his expense. De Weerd: Thank you. Okay. Questions, Council? Bird: I have none. Rountree: I have none. That answered mine. Donnell: I have none. De Weerd: Thank you. Canning: Madam Mayor, Members of the Council, just a quick background on the first item that Becky was talking about -- or Mrs. McKay. I'm sorry, Becky. Sorry, Becky. There, I did it again. Sorry. The question that -- she was addressing the fact that usually we like to see these parcels be an original parcel of record, which, according to our definition, regardless of what Ada County says, our definition says it has to be as of record as of 1982. Well, this property is not of record as of 1982. However, we have to address the fact that Ada County does make some allowances for lot splits, so it's still a question that we haven't fully worked out regarding the reduction in platting requirements, whether or not they are strictly eligible, but it hasn't been an overriding concern. Generally, we like to see them original lots of record. This one was not, but we did recognize that it was an approved split through Ada County. De Weerd: Okay. Thank you. Does our attorney have anything to add? Baird: Madam Mayor, Members of the Council, it sounds like everything has been addressed. You do certainly have conditions that exist that would allow the staff to make the recommendations that they have made. De Weerd: Okay. Thank you. Okay. Council, do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 10, RP 04-002, reduction in platting requirements for Lyons Development, LLC. Maridian City Council January 25. 2005 Page 11 of25 Rountree: Second. De Weerd: Okay. The motion is to approve Item No. 10. Mr. Berg, will you call roll. Canning: Madam Mayor, may I ask for clarification of the motion? Is that including the conditions in the memo? Because there is no conditions in the staff report. De Weerd: The conditions in the memo in front of us. Wardle: Yes. De Weerd: We assume our staff report is -- it looks like a report to me. Thank you for that clarification for the record. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. We have entered to the Public Hearing process of our agenda. Items 11 and 12 are public hearings and by our own ordinance, that will be changed, we do need to swear in anyone that wishes to provide testimony. So, we just do it all in one big group, so that we don't waste your time, and if you wish to provide testimony, if you will, please, raise your right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so answer I do. (Affirmative answers.) Item 11: Public Hearing: VAR 04-008 Request for a Variance for off-site parking along N. 3rd Street for Holv Trinity Charismatic EDiscoDal Church by Holy Trinity Charismatic Episcopal Church - 237 East State Street: De Weerd: Thank you. Okay. Item No. 11 is Public Hearing VAR 04-008. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for a parking variance in Old Town to accommodate the construction of a small church. It's located at 230 East State Street, which is on the intersection of State Street and 3rd, as shown in the purple. And staff is recommending approval of this variance. . The variance is for -- north is headed to the left here. Sorry about that. They are only able to accommodate three parking spaces that would come off of the alley on the actual property. They have requested permission to count 12 parking spaces that they will be able to do on street as meeting their -- I'm sorry. Is that right? Ten parking spaces that they will be able to do on North 3rd as counting towards the 12 required. So, they will have a total of 13 parking spaces. Only three of them will be on site and 12 are required. I am going to go through the findings required for a variance just briefly, so that I can tell you why staff is recommending approval of this variance. Staff does recognize that most parcels in Maridian City Councii January 25. 2005 Page 12of25 the OT district were originally platted as residential uses, not intending for nonresidential uses and they are not of a size to accommodate traditional commercial development as you would see in one of our standard commercial districts. So, it's not uncommon for the Council to receive parking variances and we feel that this is one of those appropriate instances for the variance. In addition to that, the hours of operation are not during standard business hours, they will be on Sundays and Wednesday evenings, when demand for parking in the area will be low. Furthermore, staff believes that eliminating the landscaping in this area, if you were -- if you were to try to -- to try and get more of the required parking on space, it would be -- it would not fit in with the overall feel that's desired for Old Town. That and -- one of the major reasons is that it would be physically impossible to get 12 parking spaces on this site and still have the church. Regarding the finding that it won't be detrimental to the public welfare or people in the area, with the off-street parking provided right in front of the building, staff does not feel that that will be a concern. And regarding the last finding, it will not have the effect of altering the interest and purpose of the Meridian Comprehensive Plan. Actually, granting the variance is more in tune with the Comprehensive Plan and the marketing strategy for Old Town, than it would be to actually provide the parking on the site. So, for those reasons staff is recommending approval of the variance to the City Council. I believe the applicants are here and they agree with the conditions of approval, but if you would like to hear from them, they are here. De Weerd: Okay. Thank you, Anna. Council, do you have any questions? Bird: I have none. Rountree: No. Donnell: None. De Weerd: Okay. Would the applicant like to make any comments? You don't have to, but you certainly can. Canning: A preacher that doesn't want to talk. What's up with that? De Weerd: We do have a number of people who have signed up indicating their support for the project and as I read your name into the record and indicate your position and you can come forward if you would like to provide testimony or I will just read your name into the record. We have Edward Houston for. Would you like to provide testimony or -- okay. Thank you. Stacy Finley for. Kadie Kendall for. Thank you. John Delsman, Jr., for. John Delsman, Senior, for. Rolene Delsman for. And I'm sorry if I said that wrong. And Reverend Mark Finley is for, of course. Okay. Council, do you have any questions for the applicant? Bird: I have none, Mayor. Donnell: Madam Mayor? Meridian City Council January 25, 2005 Page 13 of 25 De Weerd: Mrs. Donnell. Donnell: I do have just a question. I notice that in the application that the church is designed to accommodate 60. I'm assuming that like all churches, you want your church to grow. So, do you have plans for the future when you outgrow this church? De Weerd: Reverend, if we could ask you to, please, come forward and if you will, please, state your name and address. Finley: Reverend Mark Finley, 5770 North Dell Spring, Boise. De Weerd: Thank you. Okay. If you could, please, answer what your anticipated growth needs would be. Finley: On the event that we get to the point where we are outgrowing where we would be, then, we would look to build someplace else if we came to that point, because we -- the building that we have right now, obviously, can only accommodate so many and we are a very small church as it stands right now anyway. So, I don't anticipate that happening anytime soon. And I know that the way churches basically progress is that -- I mean it would be wonderful if we eventually have that problem for ourselves. Maybe not for you, but for ourselves, to be able to have to do that. So, does that -- Donnell: Yes. Thank you. Finley: Any other questions? De Weerd: Any other questions, Council? You know, I guess I just appreciate -- I think as we look for our redevelopment in Old Town, having the faith community as a presence in that core is so important. So, you know, you will be a real asset to that area. Finley: Thank you. De Weerd: Thank you. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to move that we close the Public Hearing. Rountree: Second. De Weerd: If I could just ask if there is any further testimony from anyone who has not signed up? Okay. Seeing that there is none, there is a motion to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. Meridian City Council January 25, 2005 Page 14 of 25 MOTION CARRIED: ALL AYES. Donnell: And Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I would like to make a motion to approve VAR 04-008, for a variance for off- site parking for the Holy Trinity Charismatic Episcopal Church. Wardle: Second. De Weerd: Okay. The motion is to approve Item 11. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: PP 04-040 Request to amend the Preliminary Plat (PP 02-006) to add six additional building lots in location that were previously platted as storm drainage ponds for Tuscanv Lakes Subdivision (Amended) by Tuscany Development, Inc. - south of East Victory Road and west of South Eagle Road: De Weerd: Thank you. Thank you for joining us. Item 12 is Public Hearing PP 04-040. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is -- hey, where did you go? This is a request to amend the original Tuscany Lakes Subdivision. The subdivision as shown, as you can already see, it's been annexed and zoned. The amendments take place in three different sections of the property that were previously platted as storm drain lots. The first has taken one large storm drain lot and made a portion of it a buildable lot and that would be this lot right here. At the end of the presentation I will explain why they can get rid of the drainage lots. The second area -- still can't see it very well -- has been reworked -- there is a -- one large lot on the north side of the road that has been platted into several lots. No. That's this one. Okay. This one has been substantially reworked. I believe they added two lots in this area and still maintained the same amount or more open space as was originally platted. And, then, this one they took one large lot that had been designed as a drainage lot and had made three lots. This is the amendment to the landscape plan. And I just wanted to show you these street sections, so that you would have an understanding -- an idea of why they were able to get rid of their drainage lots. As you will notice this street section has no vertical curb. It has a concrete ribbon curb where the water can sheet flow across it and, then, come into this small swale here and, then, there is an infiltration area at the base of that swale. The ground water levels were so high in this area that they were Meridian City Council January 25. 2005 Page 15of25 unable to get a standard street to meet the necessary drainage requirements, even using the drainage ponds that were originally proposed. The method of putting these along the streets increases the area significantly, so that they are better able to handle the drainage and because of that they were able to get rid of those storm drain ponds. The Planning and Zoning Commission heard this item on -- did I do okay as a non- engineer on that description? Okay. Thumbs up from the engineer. The Planning and Zoning Commission did hear this item on January 6, 2005, and they have recommended approval. Kent Brown testified in favor of the application. The Planning and Zoning Commission took oral and written testimony as reflected in the clerk's record and the key issues of discussion were, again, the reason for the change in the drainage system for the subdivision, the appropriate neighborhood amenity on Lot 53, Block 1, and that was that first one we saw. They have identified a playground. The Planning and Zoning Commission questioned whether a playground was appropriate in this area or if there would be another more suitable type of amenity to put in that area. And, then, they also discussed the need for non-site obscuring fencing .along these property boundaries, so that there is visibility into that open space area. The key changes to the staff recommendation are very specifically added to your summary this time. I just wanted to point this out. We have attached the findings this time, so normally you would be able to see what was added in your recommendation, but because they are attached as findings, we have called those out in your summary sheet, and if I don't hear any complaints about that, if we move toward attaching findings, we will go ahead and continue to do it that way. But they added site specific condition number six, that the applicant was to work with the planning staff to determine the appropriate neighborhood amenity on this property and that fencing on the north property line of Lot 54, Block 1, which is contiguous to Lot 53, Block 1, in the south property line through Block 38 -- basically it's saying that these lots need to have wrought iron fencing, which is non-site obscuring and not more than four feet in height. And we have provided the draft findings for approval tonight. So, if you choose to -- if you choose to approve this application, you will just be approving it and approving the findings. And with that I will answer any questions that the Council may have. De Weerd: Council, do you have any questions for staff? Bird: I have none. Donnell: None. De Weerd: Okay. Would the applicant like to come forward? If you will, please, state your name and address for the record. Brown: Kent Brown, 1800 West Overland, Boise, Idaho. I can just stand for questions or if you have -- if you want me to give a short presentation. I know that at least three of you weren't on the Council on the original preliminary plat and I can talk about the amenities that we previously had and some of the ones that we have added into those areas. Meridian City Council January 25,2005 Page 16 of 25 De Weerd: I think there is a couple of questions that -- Council? Rountree: Questions are fine with me, Madam Mayor. De Weerd: Okay. Mr. Rountree. Rountree: Who maintains the swales? Brown: The homeowners association does maintain the swales. They had to sign a swales agreement with the highway district; the developer did, as part of doing this type of development. Rountree: And the landscaping in those areas are consistent with the city's landscaping ordinance? Brown: That's correct. Rountree: Okay. On the one -- one drainage pond going to a lot, the playground -- Brown: On Lot 53? Rountree: Lot 53 and could be Lot 54, apparently. Brown: That's correct. Rountree: It seems to me by carving out that Lot 54, the access to that area is by foot only, and really limited visual access to that lot. I guess I'm concerned about that in terms of safety and access in case there is an issue at the playground. So, I just point that out and have you considered that in your looking at that lot, when you build a house on all four lots that surround that, that's going to be pretty much an isolated spot. Brown: Initially with the original approval we still had that pedestrian pathway through there, but basically everything else on that particular piece was a body of water. As you recall, when we came before you with phase two of The Hills, I spoke to this Council and mentioned to them that that was a wet pond and that's how we made the proposal. If you have your staff report, you have my narrative letter that states that when we were in our plan approval of that phase, the highway district says we aren't going to have wet ponds and so, then, they recommended us to this new street section that wasn't available to us at the time of the original preliminary plat. So, I understand the difficulty, but it was always designed to just be pedestrian only. We are not looking, really, that they are going to have picnics, other than going in there and walking to be there. No real parking. It backs up to the canal along the west side. The canal is located where it says the Ridenbaugh, has a wrought iron fence that's located back there, and, then, to the north and south boundary, according to the conditions of travel, would also, then, be wrought iron also. Meridian City Council January 25. 2005 Page 17 of 25 Rountree: Madam Mayor, If I could, let me follow up, because I don't think my concern was understood. My concern is if you build a house on Lot 54, which that lot has been carved out of it what was originally a drainage pond, street access in view of that area that you're proposing to be a playground is eliminated. Anna, apparently, can answer my question. But it's more of a concern than a question. . Brown: Is it access to Lot 54? Is that what you're talking about? Rountree: No. It's idle hands in Lot 53 that nobody is going to be able to see. Anna: Council-member Rountree, I did -- there are a couple of comments regarding that. I think the Planning and Zoning Commission kind of had one of the same concerns and that's why they recommended perhaps not putting a playground there and they talked about putting a half basketball court, something that was -- drew adults more than children to the area. The other thing was I did sketch this out, I put in the front setback and, then, the side setbacks and you're able to see all but this little corner right here and you're able to see all but this little corner right here from the street with -- assuming it's wrought iron fencing. But if there is someone there, they would still have visibility of that -- those two corners, if there were somebody in any of these four properties, because of the open fencing. So, I did look at that. It still is fairly open, but it is a valid concern. De Weerd: I would take it maybe even a step further. When it was a pond there was no reason for someone to be back there, when it was a water feature, and you're assuming someone is going to be standing at that one point, instead of driving by, like one of our police officers or something like that. Having any people back there and you put a basketball court, kids are going to go to a basketball court, they are going to go to any open space. By converting it from a pond, it's more of an attractive place to go and be, in particular if you restrict it to just a small angle of vision in. I would share Councilman Rountree's concerns about creating that. Brown: I guess I really don't know -- my other options are -- is to make those lots even bigger, I guess, and still provide the pedestrian connection. At one time we did have the northeasterly line of Lot 54 extended and -- okay. Where did you go? Canning: It's right there. This is how it was originally. Brown: Yeah. At one time we had that line extended and had that lot much bigger. My client was happy with that. We still exceeded those amounts. We could also bring this lot down further and still just provide a micro-path through there, but -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Was Lot 54 part of Lot 53 initially? Meridian City Councii January 25, 2005 Page 18 of 25 Brown: Yes. Rountree: So, it was all one lot? Brow: Uh-huh. Rountree: If it was a viable project then without Lot 54, why can't it be a viable project now without Lot 54? Brown: Basically, the reason that we are back here asking for those six lots is in those areas where those storm drainage ponds were -- we have an additional cost in this type of construction to create these bio swales. In phase two of The Hills we almost doubled the amount of space area that this takes place in. The construction costs are greater to build these bio swales than it is to build these ponds. And I believe that my client might break even with these additional six lots in those spaces. There is a special mix of soil that has to go in these bio swales, so that it's going to continue to percolate. And so those additional costs are the reason that we are back asking for those spaces. My clients, after the approval, went in and in the center section created an open space and they are creating a pool and clubhouse that wasn't a part of the original plan. So, they have tried to make some of those spaces from a passive space that everything was originally approved as, to a little more active spaces and that's why they thought in this particular area of having a tot lot. If you have it with just playground equipment, they figured that you're going to -- if Anna could go to the colored overall? We have an elementary school right here and so this tot lot that we are talking about is located about in this location. We have a swimming pool and clubhouse located here. I got the shakes. We have a basketball court -- we have a basketball court in this open space, as well as a pond. We figured that after school hours that we might have people using the playground equipment here, but in the daytime hours that some mother might bring her kids down to this secluded little tot lot. If you look at the overall system when we put this in, we have a micro-path system on either side of the Ten Mile Creek that's located here and, then, they can walk from this pathway through and around on the Eight Mile on some man made lakes and come back around and make a loop on a pathway system as part of that portion of the development. This new clubhouse that I have shown you is located right at the end of this new road right here essentially located. So, we felt that, really, we are not going to have that much use in that open space and by having a tot consideration, instead of a basketball, you're not enticing someone to come use that space more than this basketball space that's more open and more accessible. We have the pool here and a pool here. We figured that. many of those older juveniles that might create some of that problem you're talking about would be located in there. The pathway system makes it so that you can walk through -- this is a common area to here that does exactly the same thing, but it has a pond in it -- comes through to this next street, you walk along the street and, then, we come to that next block. So, it's a part of a micro path sidewalk system that's located on that side of the canal. We expect most of the people to be using the pathway and, then, a few using the tot lot in that area. Meridian City Councii January 25, 2005 Paga190f25 Rountree: Is the area in question Block 1, Lot 53, necessary to meet your required space for open space? Brown: We still exceed it. There was -- we were required to have 13 percent, we have -- or ten percent, we have 13 percent, and, then, plus with I believe these more active things that we have put in, we have exceeded amenity-wise than anything that we had originally shown. We only had shown previously -- she's quick -- that basketball court. That was the only active facility, other than the pedestrian pathway that we showed before. Canning: Madam Mayor, Members of the Council, one option to consider just concerning these is-- or just listening to everyone, it may be possible to shift this micro- path to this location and, then, just divide up that area into four lots, if that -- if the Council would feel more comfortable with that. I'm not sure the applicant wants to do that. I know. The applicant has -- was delayed a little bit on this application more than he would have liked, more than any of us would have liked, and is probably not in the redesign mode. Brown: I'm sorry. I apologize. Canning: I'm sorry. Go ahead. Brown: Part of my difficulty is that I have been before you and have received final plat approval in this area and this was one lot previously and the streets have been paved for a month, so all of the hard improvements, including sewer stubs, are already there. I mean if we wanted to extend this line back and this line back and make that area as small as possible, that would be something that I would be able to do. But as more lots in that area -- I don't know, I can't speak for my client to just say he doesn't want one in that location, but -- because he has put the sewer stub to Lot 54, that's been installed, and he understands at his risk. Canning: Madam Mayor, Members of the Council, I think the applicant misunderstood me, so I'm just going to interrupt him. You wouldn't be getting one more building lot, you would just be relocating the pathway and, then, you would just have four building lots. This one would get larger. This one would get larger. This would get larger. This would get larger. Brown: I don't have a problem with that. Rountree: Works for me. De Weerd: Okay. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Meridian City Councii January 25.2005 Page 20 of 25 Donnell: So, Mr. Brown, is -- the walking path is not in already, only just the roads -- Brown: I don't believe that it is. Donnell: -- and the sewer stubs. So, the walking path comes later. So, that could be shifted and -- Brown: And if it was, we could still make that work, I believe. If you really have a concern about that. But I would rather-- Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Just a comment. It bothers me, I guess, that we would give up a place for folks to go and gather and I certainly understand and agree with Mr. Rountree in terms of perhaps it might be a little bit difficult to monitor, but I really like the solution that takes away the ponds, the drainage ponds, and I hate to see us go forward and not have a place that mothers can take preschoolers and go over and -- I mean you called it a tot lot and that just seems like a nice place for kids -- for people to go, so -- Brown: From my experience one of the things I liked about this design when we originally presented it to you, working for the city of Boise for nine years and I saw people come in with what I would consider a park space, totally take the internal lot, have a single sided road and have everything a park on the inside. They put a tot lot there -- the city of Boise doesn't want me bringing it up, but it's Millcreek Subdivision over here south of Overland. Because of my job with the city I was out and about at all different times, I have looked at that piece of property for close to eight, nine years now, and I have seen once in those eight or nine years someone actually using that area. They have a little tot lot that's there, but it's totally open, you would think, you know, someone would play baseball or soccer or something and I haven't seen people use that space. The experience of what the trends are is that we have become walkers and if you can provide people with a space and even just put signs up that say if you make this loop, you walk these micro-paths and these sidewalks, that you get a quarter mile -- Bristol Heights of a prime example of that at Chinden and Eagle Road. I have been in that development probably just as much as Millcreek and at all different times and have found people using it. Many mothers will push the stroller as they are walking and, then, as they go to cool off, then, they use the tot portion that are there along the pathway. That was our vision of what we had for this space and that's why we propose it that way. De Weerd: Well, I guess -- and I don't want to appear cynical or trusting of human nature, but you almost invite trouble and by keeping it a pathway you can maintain the integrity of what was envisioned and maybe even leave it a wide enough area that you have a bench there with a couple trees and that is a great amenity for any neighborhood Meridian City Councii January 25. 2005 Page 21 of 25 and you would have a couple of backyards that still would have some vision in it that would hold whatever accountable. But you start putting playground equipment and it invites larger than just parents walking through or kids walking through and sitting on the bench and that's -- I guess Mrs. Donnell would know children's behavior better than I, but having several of them, I just would raise a question mark there. Brown: I believe the compromise is acceptable and I would not be opposed to that. De Weerd: Okay. Any other comments, Council? Okay. Rountree: I think the rest of it looks good. Brown: I would ask one -- and I know I'm asking a favor, hat in hand and whatever. Brad has this plat on his desk and the final plat was approved with this being one lot, common area lot, and now I'm going to move those lot lines around to make that space go away. I would ask that you be able to authorize him with that modification to allow that plat to go forward upon your approval of this, so that I don't have to come back with a two lot sub, for example, or a one lot final plat, something along those lines. That's what I'm looking for. Rountree: That's doable. Bird: That's doable, Mayor. De Weerd: Okay. Rountree: Get Brad's input on that. De Weerd: Before I ask for Brad's comment on that, is there anyone in the audience who would like to provide testimony on this application? Okay. Hearing none, staff, do you have questions for -- regarding any of the comments or -- Canning: Madam Mayor, Members of the Council, no, not any questions, but I just wanted to make it clear what Kent was asking -- Mr. Brown was asking for. It was just -- with just adding the one lot, the Lot 54, we felt that he didn't need to go through another final plat application, that we could just modify the final plat that was in front of him. And so what his request is is that Brad be able to make that modification to the mylars that he has sitting on his desk and that those four lots don't need to go through a new final plat application through the city. It's in substantial compliance with the approved preliminary and even substantially the same as the final plat that you originally saw. So, that -- I just wanted to clarify what he was asking for on that last question. And staff has been supportive of that and still is. Baird: Madam Mayor? De Weerd: Yes. Meridian City Councii January 25. 2005 Page 22 of 25 Baird: I have a question for Mrs. Canning. In the event that Council chooses to eliminate the tot lot and expand those four lots, would you have amendments recommended to site-specific condition number seven regarding the fences? Basically would that force another change? Canning: Madam Mayor, Members of the Council, we would no longer require wrought iron fences on those lots. The micro-path fencing would be required per code along the pathway lots still. So, that site specific condition number seven could be removed. Actually, site specific condition number six could be removed as well. De Weerd: So, six and seven? Canning: Right. Let's see. If you give me a moment I think I can come up with an appropriate new condition regarding the adjustments, since you're adopting the findings tonight. Hold on. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And that was my next question for either legal counselor Anna. If we adopt -- it appears to me that we are changing some things that would change the findings and while we have that process in place tonight for the first time for a reason, it appears that we are modifying those here. So, can we do that is my question, modify the findings, or do we need to adopt this and bring it back next week? Baird: Madam Mayor, Members of the Council, Council-member Wardle, you certainly have the option -- if it's a simple change that you can make and make it on the record, you can do it tonight. We'd anticipate that by having this in front of you it would allow you to actually visualize it and make those changes. However, in the future you might have a project that's going to be more complicated, you can always direct staff to go back, make some changes, bring it back the next week. So, those options are before you. Wardle: Thank you. Canning: Madam Mayor, Members of the Council, as a personal request, I would ask the Council and Mayor's indulgence to resolve this tonight, because there have been, unfortunately, two staff errors related to this application that have delayed it thus far. So, if you would indulge us, I think we can come up with an appropriate condition for you in just a moment. De Weerd: Council, I guess we could take a break - sure. If you want to go ahead and have the reading of the ordinance and, then, come back -- sure. Okay. Meridian City Council January 25, 2005 Paga 23 of 25 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we close the Public Hearing on Item No. 12. Bird: Second. De Weerd: Okay. The motion is to close the public hearing on Item 12. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 13: Ordinance No. 05-1128 : RZ 04-015 Request for a Rezone of 4.9 acres from R-40 to R-15 zone for the retirement complex at Devon Park Subdivision No, 2 by Fairview Lakes, LLC - 824 East Fairview Avenue: De Weerd: Okay. If Council is okay with that, I will go ahead and move to Item 13 and we will, then, go back to Item 12. Okay. Item 13 is Ordinance 05-1128. I will ask the city clerk to, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1128, an Ordinance RZ 04-015, known as Devon Park Subdivision No.2, located in the Southwest Quarter of the Southeast Quarter 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 city limits of the City of Meridian, as requested by Fairview Lakes, LLC, and rezoning the land use zoning classification of said lands from R-40, high density residential apartment buildings, to R-15, high density 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, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have heard Ordinance 05-112 8 by title only. Is there anyone who would like to hear it read in its entirety? Hearing none -- thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinance 05-1128 with suspension of rules. Rountree: Second. De Weerd: Okay. The motion is approve Item 13. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. Meridian City Council January 25, 2005 Page 24 of 25 MOTION CARRIED: ALL AYES. Item 12: Public Hearing: PP 04-040 Request to amend the Preliminary Plat (PP 02-006) to add six additional building lots in location that were previously platted as storm drainage ponds for Tuscanv Lakes Subdivision (Amended) by Tuscany Development, Inc. - south of East Victory Road and west of South Eagle Road: De Weerd: Thank you. Mrs. Canning, how are you doing? Canning: One more minute. De Weerd: Okay. Canning: I think I have it. Madam Mayor, Members of the Council, I would recommend -- sorry. I would recommend replacing site specific condition number six with the following: Modify the design of Lots 39, 40, 52 and 51, such that the pathway lot runs on the east side of Lot 38 and Lot 52. And, then, for site specific condition number seven, modify the design of Lots 38, 39, 52, 53, and 54 such there is no common space and four residential lots. We were just discussing that there will still be the same number of lots, because the open space lot gets shifted to the pathway lot, basically. De Weerd: Okay. So, the pathway will just connect off of the upper connection; right? Canning: It will connect to this area right here. De Weerd: Oh. Okay. Canning: Isn't that -- I thought that's what Council wanted. De Weerd: Council, any questions on that? I guess I should ask the applicant if he has any questions on that. Canning: Madam Mayor, Members of the Council, the applicant is conferring with the Public Works director on the sewer stubs. Baird: Madam Mayor, I would also suggest we reopen the Public Hearing if we are going to hear from the applicant on this. De Weerd: Okay. It looks like staff has found a workable ~- Canning: Yes. De Weerd: -- resolution to this. Okay. Okay. Council, any further information or discussion on this? Maridian City Council January 25.2005 Page 25 of 25 Bird: Mr. Wardle's ready to make a motion. De Weerd: Mr. Wardle. Wardle: Madam Mayor, let me see if I can get this correct for the legal department. I move that we approve Item No. 12, PP 04-040, request to amend preliminary plat for Tuscany Lakes Subdivision and to include the modifications to item number six and item number seven, site specific conditions, within the findings and to also approve those Findings of Facts. Donnell: Pretty good. Second. De Weerd: Okay. The motion is to approve Item 12 with the changes as noted. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Council, we are at the end of our agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no other matters before us, I move we adjourn. Bird: Second. De Weerd: Okay. The motion is to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Let the record note it is 8:15. MEETING ADJOURNED AT 8:15 P.M.