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HomeMy WebLinkAbout2005 03-01 Meridian City Council Meetina March 1, 2005. The regular meeting of the Meridian City Council was called to order at 7:07 P.M., Tuesday, March 1, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, and Christine Donnell. Members Absent: Charlie Rountree. Others Present: Ted Baird, Will Berg, Brad Watson, Bill Musser, Anna Canning, Kenny Bowers, Doug Strong and Dean Willis. Item 1: Roll-call Attendance: Roll call. ~ Shaun Wardle ~Christine Donnell - Charlie Rountree ~Keith Bird ~ MayorTammydeWeerd De Weerd: Okay. I will go ahead and open the regular City Council meeting. Welcome you all. It is Tuesday, March 1st. It's 7:07 and I will start tonight's meeting with roll-call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No.2 is our pledge of allegiance and we are very privileged to be led in the pledge by Troop 80 and, Cameron, I will turn it over to you. Please rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Craig Flinn, with Meridian Alliance Church: De Weerd: Thank you so much, boys, for leading us in the pledge. Okay. Item No.3 is our community invocation. We will be led tonight by Craig Flinn with the Meridian Alliance Church. If you will, please, all join us in the community invocation or take this as opportunity for a moment of silence. Flinn: Heavenly Father, we come before you tonight and we acknowledge you as God, the authority in the universe, and we acknowledge that you are the one who appoints us to different positions, whether that be a father, a friend, a spouse, or a leader in the community. God, we want to honor you tonight and thank you for this leadership team before me for this city and we pray, God, you give them a great sense of your direction tonight, that you give them wisdom and insight into each of the matters that they consider before them. God, whether that's the growth of our city, whether that's the Meridian City CouncH March 1, 2005 Page 2 of 32 issues of traffic or planning and zoning or water or sewer or new neighborhoods, where we acknowledge that the city's growing fast and these folks need great insight and wisdom and even revelation from you for decisions. Lord, we want to take a moment and pray for the families of the city, that you would create strong family units, dads who take their responsibility as leaders seriously to lead their families, moms and dads, who respect and love each other and children would honor their parents. We pray for the children and youth in our city, Lord, that this would be a safe place for them to discover and grow and we think of these young people behind us, God, as just one gathering of young people. We pray for all the gatherings, whether that's a public school or a scout troop or a youth group in a church, Lord, that children and youth would find esteem and respect and love whether they are in an Albertson's, a church foyer, or a Starbucks and, God, we just pray that this would be a place where children and youth would grow strong and we honor you and thank you for this evening in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. Good timely reminders. Item No.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: This agenda looks awful good. We got -- we do have -- and we will come back when we go before it, but Item 13 should be 12 and 12 should be 13. We should be -- the variance should be passed before on Klamath Basin, but other than that, I would move that we adopt the revised agenda. Wardle: Second. De Weerd: Okay. The motion is to adopt the agenda as revised. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Tabled from February 22, 2005: Service with Rich Greene: Aareement of Inspection B. Approve Minutes of February 1, 2005 Pre-Council Meeting: C. Correction to the Permanent and Temporary Easement Contract for the North Siouah Sanitarv Sewer Proiect: D. Sewer Service Contract for the North Siouah Sanitarv Sewer Project: Meridian City Council March 1. 2005 Page 3 of 32 E. F. G. H. J. Award of Bid for North Siouah Trunk Line to Sommer Construction: Award of Bid for WWTP Generator Buildina Construction Contract to Challenger Companies: Agreement with Custom Electric for the WWTP Expansion Date Collection: Waterline Easement Aareement with Burke P. Jones, John B. Ferguson, Idaho Holdings, LLC for Victory Road: I. License Aareement with ACHD for Well 10 Flushina Station: License Aareement with Nampa Meridian Irriaation District for Flush Lines: K. Development Agreement: AZ 04-001 Request for Annexation and Zoning of .5 acres from RUT to CoG zones for Eauitv Benefits by Equity Benefits, LLC - 2540 East Franklin Road: L. Approve Bills: De Weerd: Okay. Item No.5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda and that all agreements, contracts, all proper papers be on file with the City Clerk before any payment is made on any of them and for the Mayor and the Clerk to sign on all proper papers. Wardle: Second. De Weerd: Thank you. The motion is to approve the Consent Agenda. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Planning and Zoning Department - Anna Canning Meridian City Council March 1,2005 Page 4 of 32 1. Update Concerning the Area of Impact Letter from the Ada County Commissioners: De Weerd: Thank you. Item No, 6 are Department Reports. We will start with the Planning and Zoning Department. Anna. Canning: Madam Mayor, Members of the Council, the first item on the agenda is the renegotiation with Ada County on the area of city impact and you should have in your records a letter from Ada County to the Mayor that was handed out a couple weeks ago. If you don't, it's okay, I will read the pertinent parts to you, so have no fear. The first item they talk about -- they list a number of things that Meridian needs to follow up on and the first is that we -- they'd like to know how meetings with the city of Eagle are going regarding negotiation of that area. We have not talked to the city of Eagle. Our understanding is that they are contesting that area with the county currently, so they are, obviously, interested in still having that in their area of city impact. We haven't put a high priority on this particular item yet and I'll let you know what our priority is. It's about -- it's, really, the Comprehensive Plan and as we go through the discussion I will talk about that at great length. The second item that they say is that we were supposed to survey the affected neighbors and I'd like to know your recollections of the meeting regarding that, because as I walked away from that -- they do not have verbatim minutes to go check, but my recollection was that either the county was going to do that or the Carnahans were going to survey the affected neighbors, not us. So, if you'd like for me to provide a response letter to this memo on that item, I would be happy to do that, but it's their application, it's their noticing requirements, it would be their opportunity to contact the public. It's their citizens. It isn't -- they aren't Meridian citizens at this point. De Weerd: Anna, I guess I would make insert that the Comprehensive Plan has to come first. You know, even before the neighborhoods can be approached, they need to know what's being planned out there, so -- Canning: That's where I'm headed. De Weerd: -- we don't get the cart before the horse. Also, in that meeting the majority property owners in that area that have expressed desire to come into our area of impact, are the ones who volunteered to go and talk to the property owners, but, again, I think that we need to have a plan before those efforts are made. So, I'm sorry for the interruption, Anna, but -- Canning: That just makes my segway to the third point, which is that they have asked for an approved and updated Comprehensive Plan Amendment and that is exactly what I was going to say, is to me this is where it starts. There is no sense in talking to anybody until we know what that area is going to look like, what we are proposing on both sides of Chinden, in all honesty. My second department report is on an update on the scope for the North Meridian Area Plan and it would include this area. So, until we Meridian City Council March 1. 2005 Page 5 of 32 know what we are doing here, to me, that really is the starting point. The Camahans had anticipated that they would turn in kind of a concept plan of what they wanted to do to us shortly after that meeting that you all had with Ada County. They are still working on that. We have not seen anything to date. So, regardless of what they are going to turn in, we are going to move forward on the North Meridian Area Plan, but we do -- we are talking with them, they know that we still need that, that we will try and impress upon them some of the timing issues that we are looking at. The fourth item regarding trade and use, geographic features, we will work on those as we get nearer to having all the answers that Ada County needs. Those are specific reference to the state statute regarding some of these items. I think the Mayor earlier today -- tonight mentioned the ULI report and the need to do 30 year plans. Our Comprehensive Plan is not a ten-year document, yet the area of city impact statutes draw lines that are five to ten years. So, I think we do need to start working with Ada County staff just on the issue of where do we draw these lines and I think that the discussion for all of the area of impacts will be good in finding some mechanism to draw more than one line that -- to denote where the city wants to grow and what they want to plan for. So, we will start those kind of discussions immediately. But we will gather the geographic trade areas and all the other requirements. They also wanted a wastewater plan, a water plan, and the land use map. So, those are the technical documents that will result from the land use issues that we resolve with the North Meridian Area Plan. So, just a quick assessment of that. My next department report goes into the comp plan issue in much greater detail, but if there is -- just regarding this letter that was sent from Ada County, I think that I'll do a response letter saying that, you know, we didn't see it as our responsibility to notify the affected neighbors, but -- and that we are working on the Comprehensive Plan and I will certainly try and bring in Mark Pecchenino from the county as one of the interested stake holders in that North Meridian Area Plan. I think it would be very helpful to have him there participating in that discussion with us. So, I will have Brad include him on that -- those discussions. I think that will help. De Weerd: I guess, Anna, I'd like to see a draft of that letter. Canning: Oh, of course. De Weerd: And make sure that -- just to state or emphasize that, you know, we feel that the Comprehensive Plan needs to -- or Comprehensive Plan recommendations need to come first before property owners are approached and that we haven't approached the city of Eagle because of their actions in front of the county at this point, that we felt it was not appropriate until that is resolved. Canning: And Mayor and Council, that would be a question -- I will draft a letter. Do you want it from just the Mayor or do you want it from the Mayor and Council? Donnell: Mayor and Council. Bird: Mayor and Council. Meridian City Council March 1. 2005 Pege 6 of 32 De Weerd: Uh-huh. We can sign it at our next week's meeting. But get the draft out, so they have an opportunity to comment. Canning: Okay. De Weerd: Okay. Thanks. 2. Update on Comprehensive Plan Amendment for the North Meridian Area: Canning: All right. The second one -- Brad prepared, as always, a very detailed memo for you. I believe that it would have just been handed out. It says Comprehensive Plan Amendment up at the top. And I'm going to take a little time to go through this, just because I think it's important that you understand what has gone on since we -- since we left the North Meridian Area Plan in its former life and form and where we were headed with it. I will just go through briefly what happened. As you know, they did withdraw their application in May of '03 and it was just kind of dropped, the stake holders at that point were not meeting on a regular basis, so there was no final stake holder meeting. We started up about a year later trying to work with ACHD on a lot of the intersection improvements, trying to identify the -- what the most critical ones were and, then, trying to identify a mechanism for funding those. As a result of those meetings, ACHD has changed their CIP to include specific intersections. So, that was a good result of those meetings, is that they do identify key intersections and we are working with them to include those more in analysis, so it's not just the roadway sections, but also specific intersections. On the second page -- these are kind of key. Our assumptions going into this Comprehensive Plan amendment are that it will be a city initiated land use map, such as we have been talking about in both the last discussions and that we also integrate the blueprints for good growth or Communities in Motion preferred growth scenario into those land use principals. So, we will be looking at what they come up with as far as the kinds of land uses and they are just doing them by traffic analysis zones, so these aren't micro managing parcels, they are trying to identify exactly what's going on on each parcel, but they give their kind of general bubble diagram, so to speak, of how land use will be organized in those growth scenarios. So, we will be looking at those total numbers, maybe shifting things, but, you know, just using that as one of the comparisons to start with. The other one we will do our own Comprehensive Plan. The third one will be the North Meridian Area Plan as it was previously proposed. There seems to be broad consensus that the Comprehensive Plan amendment should include a detailed transportation component for that north Meridian area that addresses traffic circulation and patterns for that and, then, transit corridors and funding and phasing of roadways and intersections and, again, we have been working on with ACHD on some of those issues, but we will work on them more and further refine them in that North Meridian Plan. And, again, there are some limitations with the ACHD regarding updating their traffic analysis and their traffic projections. We are just going to work with what we have got now, which is -- will be in effect until about 2006 when they update their model. They are willing to increase the densities for the north Meridian area in their traffic model, which should help us justify Meridian City Council March 1. 2005 Page 7 of 32 spending more money in the north Meridian area of impact as they collect those impact fees. The plan will not be proposing any extraordinary impact fee, because -- and these are, again, just assumptions, so if these are wrong, you need to let me know. It is kind of what this is about. But the development community has been opposed to any extraordinary impact fees, so we are not moving toward that direction. Targeted any section improvements should be the first construction priority and it is assumed that ACHD and ITD are funding their improvement plans the way that they currently -- that there is not a shift -- a paradigm shift in how they are funded, they will just continue the way they are now. So, those are our basic assumptions. The new scope for that Comprehensive Plan amendment would be to extend the geography, so that it includes the original ten-mile square area, plus the four square miles north of Chinden and west of McDermott. So, those are four square miles that had not previously been in our area of city impact to the west, across from the Star area city impact. And that it also would include approximately the two square miles north of Chinden that are the subject of the Carnahan area of city impact request. For public involvement, we will draft both text and map amendments and take those forward to stake holders and to public open house with press releases and public hearings. And that's a brief synopsis. Brad has it detailed -- Mr. Hawkins-Clark, excuse me, has it detailed on the third page. You will see a time line there. And we are trying to get these done. The Planning and Zoning Commission has recommended a Comprehensive Plan amendment to you, you will be seeing that soon, that keys up the ability for them to make another recommendation to you for six months, but we are targeting the time line to coincide with the end of those six months when they can do another Comprehensive Plan amendment. So, we are looking at getting it to you in late June. It's an ambitious schedule, there is no doubt about it, but this is just a Comprehensive Plan amendment and, then, all the other documents that rely on that will go forward. But we need to get this resolved, we know that. There is just -- there is a lot of issues that are starting to come up in the pre-apps we see, but as these lands -- particularly closer to Chinden start coming in, we don't know how to advise people, because we don't really understand where we want to go in that area. So, we need to get this resolved. De Weerd: Okay. Anna, part of this planning process I will assume includes the discussion we had a couple weeks ago on a transportation plan or -- Canning: It does include the discussion of transit corridors. We -- I asked Charles Trainer to come in when Brad and I are meeting with him -- I'm sorry, Mr. Hawkins-Clark, just to distinguish from the man sitting here -- he and I are meeting with Charles next Monday to get a better idea of how -- what a mobility study is, what we need to do, who we need to hire, how we need to integrate it with the Comprehensive Plan, which comes first, chicken or egg -- all those kinds of questions. So, I may have a better answer for you next week, if you would like another department report next week, I can get a memo to you. But we don't quite understand how to integrate those yet, but we are meeting with Charles and, hopefully, he will be able to give us more information and a better idea of how we are going to do that. Meridian City Council March 1, 2005 Page 6 of 32 De Weerd: I think it would be appropriate to have that report, then, since we are signing a letter to the county we will have you on the agenda anyway. Canning: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And just a piece of that, Anna, I understand that the mobility study and some of the things that Communities in Motion are putting out, include pedestrian, as well as bicycle access and we still have an opportunity within this area to integrate kind of our parks master plan within the pathways development, so certainly something that I see directly that land acquisition and neighborhood parks are in here, but pathways should certainly be a consideration. Canning: So noted. De Weerd: Okay. Thank you. Any other comments? Okay. Thank you, Anna. B. Parks and Recreation Department - Doug Strong 1. Discussion of Meridian Parks & Recreation Properties Namina Policy: De Weerd: Our next department report is from the parks department. Doug Strong. Strong: Thank you, Madam Mayor, Members of the Council. In the February Parks and Recreation Commission meeting there were two items that the commission reviewed and passed to bring forward to Council and that's what we will be discussing tonight. The first item is the Meridian Parks and Recreation naming policy. This effort started out as an ordinance. Through legal advice, we changed it to a policy, so that changes could be made by resolution without going through an ordinance process that would require changes in Idaho Code and so forth. So, what the policy establishes is purpose, the policy for naming, and the criteria for naming parks and portions of parks, which is important, because of some interest in creating names for fields for fund raising, such as future soccer complexes or baseball complexes, where you could sell field names for a year or whatever and name that field as a fund raising effort. So, the policy deals with both permanent naming and temporary naming of both parks and portions of parks. If that's clear? De Weerd: Temporary naming? Strong: Yes. De Weerd: That would be confusing. Meridian City Councii March 1, 2005 Page 9 of 32 Strong: It would be temporary naming of a field for a park or depending on the continued contribution, fund raising efforts, it would be permanent. Wardle: Madam Mayor, just to clarify. One of the things that a group, such as PAL soccer, had looked at was when they set their fields up for the fall and spring season, to have those fields named after a specific donor and that would -- that's temporary in nature season to season, I think. Is that correct, Doug? De Weerd: Well, that makes more sense than an permanent structure that you would be going to the same field that would be named different each year. That would be interesting. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before we get off that, that is -- that's not -- that's naming a field, not a park. Strong: That's right. Bird: And we do the same thing at the Optimist football fields. For a thousand you can have a permanent field. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Mr. Strong, just as I was reading through this -- and I think that it's good that we have policies that will guide us in our naming of parks. Just on the fifth bullet on the second page it looks as if, perhaps, it's just been left out. It says the City Council may consider a change if an objection after the selection -- I think it probably was left out. If an objection is made after the selection. That would clear that up. Do you see where that is? Other than that, I thought that they have really tried to address just about every possible issue that may come forward in the naming of parks. Good job. Strong: Madam Mayor, Members of the Council, just as a point of clarification, any -- or the Council will certainly have authority to accept or reject any of the names brought forward from recommendations from the commission. And, additionally, all decisions for permanent naming of parks will be left with the Council and there is also a clause in here that is related to -- in the interest in changing the name of the park, that that could be addressed as well. So, there was an attempt to kind of cover all the bases and leave the policy somewhat flexible for any kind of events that may occur in the future that would necessitate a change. I'll let counsel take over. Meridian City Council March 1. 2005 Page 10 of 32 Baird: There was a question at the top of page three with regard to the temporary naming and that is if the Council does want to have the final authority in naming temporary facilities, we can arrange it so that recommendations come to you from the Park and Recreation Commission. As written, they would make the final decision, but you would see it in resolution form, giving you the opportunity, as written, to send it back if you don't like it. So, I guess what legal is looking for is some direction. We'd like to know if you want us to bring this back to you in resolution form to approve the policy and any changes to it, adjustments that you'd like to have made. I will take some notes tonight. De Weerd Mr. Wardle. Wardle: Madam Mayor, let me clarify. You're talking about bringing just that specific portion of the temporary naming back or this entire -- entire policy as a resolution? Baird: Well, first of all, to institute the policy recommendation is that you adopt it with a resolution. Wardle: Okay. Baird: So, if you have some adjustments that you'd like to have made to it, I'll take notes on those tonight, so when it comes back to you in final form with the resolution, you will have it the way you want it. The additional question that's within that for you has to do with the temporary facility naming. Unlike permanent park names that would come to you as a recommendation when you would make the final decision, the temporary facility, the way this is drafted, as I understand it from reading what Mr. Nary wrote, is that the parks commission would make the final decision, but you would approve that or ratify it, basically, with a resolution. Wardle: Madam Mayor, a follow up to that would be my preference in that respect would be to allow the parks commission to make those decisions at their level and certainly that we would ratify their decision, but to allow them the authority to do that in that specific instance. Baird: That's how it's currently written. Wardle: Okay. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Just another -- you'd think that I was an English teacher and I truly wasn't, but just as a matter of clarification, under the definitions that begin at the bottom of page three and go up to page four, some of those are just not complete sentences and it just Meridian City Council March 1,2005 Page 11 of 32 seems like that we -- it should be consistent throughout each one of those definitions, either in complete sentence or in bullet form, but the content's good. Strong: Okay. De Weerd: We can see you haven't read too many ordinances. Bird: You're not attorney, Christine. Donnell: I guess that's it. De Weerd: You need to read more. Okay. Was there anything else on this item, Doug? Strong: No. De Weerd: Council, anything else before we move on? Bird: No. I think it's very good. De Weerd: Thank you. 2. Discussion of Adventure Island Plavaround Rules: Strong: Okay. Madam Mayor, Members of the Council, the second item is Adventure Island playground rules. What you see in front of you was developed, essentially, with input from the Parks and Recreation Commission, members of the Adventure Island Playground Group, and also from Chief Musser and the police department, so that we, essentially, follow the same format, the same sequence that we -- that you have passed on previous occasions with the skate park rules, with the shelter rules that were before you last year. So, it's all -- every place that we post rules there is a similar look and similar sequence of rule posting. So, you will see that. And, then, specific items that relate to Adventure Island playground based on early observations related to the play that's there and some of the things that we are concerned about and would like to be able to control to some extent, recognizing that there are many activities going on in the parks that no -- regardless of the rules, they are not always followed, but this is -- this is what we felt was important. So, with that I would entertain any questions. De Weerd: Council, any questions? Bird: No. Get it posted. Madam Mayor? De Weerd: Mr. Bird. Bird: No. Just get it posted and get it out there. It looks like Adventure Island is getting used very nice on these nice days and that's so great to see. Meridian City Councii March 1, 2005 Page 12 of 32 De Weerd: Amazing. Bird: And it's just fantastic, Doug. Donnell: That's great. Bird: I don't think we can thank Angela enough, what that woman has done. Strong: I agree. De Weerd: Okay. If there is no further questions -- thank you, Doug. Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Item 9: Item 10: Continued Public Hearing from February 15, 2005: AZ 04-034 Request for Annexation and Zoning of 19.63 acres from a RUT zone to a R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Continued Public Hearing from February 15, 2005: PP 04-043 Request for Preliminary Plat approval for 9B building lots and 27 common lots on 19.63 acres in a proposed R-B zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Continued Public Hearing from February 15, 2005: CUP 04-052 Request for a Conditional Use Permit for a Planned Development for a residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: De Weerd: So, I will move to Item 8 and open up eight, nine, and ten. It's a public Hearing on AZ 04-034, PP 04-043, and 04-052. We will begin with staff comments. Canning: Madam Mayor, Members of the Council, this is a continued Public Hearing, but previously I just brought forward a very specific question to you and that was whether or not you wanted to hear it or remand it. So, I will go through the full description this time, which I did not do last time. So, this property is located off of Meridian Road, north of McMillan and south of Chinden, which is not shown on the map. Just to give you some other reference points, this is Saguaro Canyon. This is Arcadia Sub. We are currently processing a subdivision here called The Reserve. This is Westburough Sub. We are also currently processing a subdivision application on this property, which connects to Locust Grove. This is Ventana Subdivision. And this is the site of the future middle school on McMillan. The darker yellow is Paramount Subdivision. And these two properties are currently not in Paramount, but my Meridian City Council March 1. 2005 Page 13 of 32 understanding is that Brighton Corporation has purchased those two properties, which would provide the frontage up to Chinden. The property to the south is owned by Mr. Priddy. They have been in for pre-application meetings and I believe we have an application, but it hasn't been accepted yet, so there is -- are plans to develop this with, actually, similar to Hacienda Subdivision. This is a copy of the proposed preliminary plat. They are proposing -- the original application had 125 lots,. of which 98 were build- able. I believe we are down to 96 build-able lots on 19.63 acres. They are asking for R- 8 zoning. And they are -- have submitted a planned development to ask for reductions to requirements for that zone, specifically for minimum lot size, they are asking for it to be reduced to 2,850 square feet for the attached units. The standard now is 6,500 square foot, and those -- the attached units are shown in the darker yellow down below. The lot frontage, they are asking for reduction from 65 down to 32. And, again, the original application they had 30-foot frontages, that's the one that went to the Planning and Zoning Commission. They have increased that to 32 feet with this plat that's before you today. And, then, zero lot lines. The city allows two for attached units, basically, attached single-family dwellings. They are asking for two per lot, which would -- again, it would facilitate the development of townhouses, rather than just two single-family attached. The -- oh, going back to this. I forgot there was one other development of sorts. This property is a ten acre piece that's currently owned by the Catholic church, but is undeveloped and, then, immediately north of that is the Catholic church property. Okay. Back to this. Sorry about that. The applicant is proposing 36-foot street sections on this primary road that comes through here and, then, over this way and this way. So, that's a standard street section, but they are proposing 33 feet on these two other street sections here. Oh. And I think this section of this one is 33 feet, too. So, it's 36 there and the applicant can verify that, if I have misspoken. I'm sorry. And the original application included four attached units, five attached units, and six attached units. They have removed the six attached units and there is just four and the five now on these south and east boundaries. The build-able lots, as I mentioned before, they range in -- the smallest is 2,951. They do go up to 10,410 square feet. The other item I wanted to point out was just kind of a general site design issue where they have tried to work with the features that are on the site. There is a large existing home on the site, as shown in this open space area. They have converted that to what would be quite a nice clubhouse with a swimming pool. The parking area for that is located here. They have tried to leave the irrigation ditch open. It's a Settler's Irrigation ditch, which tend to be more attractive for some reason than Nampa-Meridian irrigation ditches. They are working very hard with Settler's to keep that open through there, so it is -- provides an amenity to the property. And, then, they continue it along here. These are some of the elevations for the attached units that they are proposing. This is the original plan. I don't have a copy of their landscape plan in my presentation. They -- and perhaps the applicant can talk about it more, but they have -- have really landscaped this entrance into the property to really emphasize that open space where they have tried to leave the irrigation canal open. Okay. So, that was their proposal. I'm going to go to the Planning and Zoning Commission recommendation. The Planning and Zoning Commission did hold a hearing on January 20th. Shawn Nickle and Dave Bailey spoke in favor of the application. No one spoke in opposition. Commenting was Doug Beeler, he was concerned with the fencing along the east boundary and Cameron Jayo replied Meridian City Council March 1. 2005 Page 14of32 to that and stated that there would be a six-foot vinyl fence on the east and south boundaries. The key issues of discussion by the Commission were the decorative block fence around the existing residence and you can kind of see an outline of the fence here and there was concerns -- it was about three feet -- the road was about three feet from that fence. They did relocate the road, so that there is a full ten feet now, which is similar to our fencing allowances with a variance. They also talked about access and visibility to the common area. I believe the applicant has been working with the police department to address some of those concerns and they should have an update for you. And, then, perimeter fencing, the location and type. The key Commission changes to staff's recommendation, they did add a new site-specific condition to require perimeter fencing and they relocated Rio Vista Drive, the center one, to provide that extra room away from that fence. Okay. In that recommendation there is a number of outstanding issues before City Council, but they are addressed in the follow-up memo from Mr. Hawkins-Clark, dated February 25th. So, I'm moving to that now. One of those was the North Slough lateral pipe and as I mentioned before, the planning commission and staff are highly supportive of leaving that open, if at all possible. So, we have crafted the conditions to leave those options open and it doesn't have to be worked out now, in staff's opinion, so I think we are okay leaving that kind of open- ended. They did revise the plat. They have revised it since I brought it to you last. Also, they made some -- they removed one unit down here, so that they could put the open space lots back in. Those have been reduced, though, from 20 feet to approximately eight feet and, then, you would have your five-foot setbacks on either side. So, those are narrower than originally approved by the Planning and Zoning Commission. However, there is still a fair break between those townhouse units -- or townhouse structures, excuse me, and the number of open space lots is closer to what the P&Z approved. Another outstanding issue is this stub street named Rio Del Nickle and they -- the applicant has gotten a letter from the Catholic Church stating that they plan to put a school there and they do not require this stub street going into it. Staff had originally asked for it for redevelopment purposes of that ten acres. It's a long, narrow lot, so one of the outstanding issues before Council is if -- do we still require the stub street. If the stub street is not required, we run into block length problems. This is over a thousand feet. They have never requested as part of their planned development, a waiver from that requirement, so it's never been noticed that way. I think staff's preference at this point is to go ahead and leave the stub street in. The church is not coming with development plans and does not have specific development plans for that property. So, even as a school it may be beneficial to have that stub street going into this property. It only affects one house and, then, you have access to Meridian Road. It may be an important feature for the redevelopment of that property. We just don't know until we see those plans. So, staff would recommend that that stub street stay in. All right. And, then, the question of density. Council expressed some concerns at the last hearing, so Brad went through -- this is five units to the acre, again, and, yes, I know you're used to seeing three units to the acre or less, but five units to the acre is still well within the range of the medium density Comprehensive Plan designation that goes all the way up to eight. So, at five units to the acre -- this is a rather efficient five units to the acre, they have got substantial open space and integrated open space for the project. Brad went through an analysis there, I'm not going to go through it line by line, Meridian City Councii March 1,2005 Page1Sof32 hopefully, you had an opportunity to read it. He looked at all of the developments that have been proposed in this square mile, the amount of lands left to be developed. There are quite a few non-residential developments in this square mile, including the Catholic church, charter high school, future middle school, the LDS church, the Valley Life church, there is a nursery garden center, and a Friendship Lutheran church. We looked at all those things, we assumed an average density on the remaining acreage and the whole -- the section as a whole still comes in just around three units to the acre. So, I know this is different than what you're seeing, but this is well within the Comprehensive Plan and moving toward kind of the average densities that are anticipated to facilitate some of the smart growth things that we want to do or whatever label you want to put on it. There is reference made to the mobility study and transit corridors as part of this discussion and we have -- we have previously tonight, I think, addressed how we are -- how we are dealing with some of those mobility study issues. I do want to point out that to facilitate bus and transit, this is not that kind of density. I mean at a minimum you need about seven units to the acre and, again, this is five units to the acre, so -- I think the last one -- Brad references some revisions to the preliminary plat conditions. One is related to the North Slough, the other is to -- again, to the North Slough, getting a license agreement, he's recommended some additional conditions there. It is recommended changing the approved minimum frontage from 30 feet to 32 feet. So, if the Council is inclined to approve this application tonight, staff recommends that in your motion that you include both the P&Z Commission recommendations and the memo from Brad in that motion and that should address the concerns that I have outlined so far tonight. And with that I'll end staff's presentation. De Weerd: Council, any questions for staff? Bird: I have none, Mayor. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Mrs. Canning, what charter high school is in that area? Canning: It's the Westburough one. Donnell: That's what I thought. Is it the one on Locust Grove? Canning: Yes. Donnell: That's an academy. Canning: I'm sorry. Donnell: That's just -- that's an alternative high school. Okay. And it's not under construction any longer, right? Meridian City Council March 1. 2005 Page 160f32 Canning: Well, there is an academy -- it's in -- my understanding is there is maybe it's proposed, not existing. Maybe we have it termed wrong. But my understanding was there was two school sites that the school was considering there, both the -- a charter school and an academy. Donnell: Oh, you're right. Actually, they talked about putting an elementary school, perhaps, even in that area, so -- Canning: Yeah. Donnell: Yeah. Okay. Thanks. How quickly one forgets. De Weerd: Okay. Any further questions? Would the applicant like to come forward? Please state your name and address. Nickle: Madam Mayor, thank you. Shawn Nickle. 52 North 2nd Street in Eagle. May I pass out some information? De Weerd: You can pass out information. Donnell: Is that street named after you? Rio Del Nickle? De Weerd: Okay. Good. That's why you go into planning, so you can name a street after yourself. I have always wanted de Weerd Street, you know. That would be fun. Bird: The Weird? De Weerd: Uh-huh. Nickle: Madam Mayor and Council, thank you for my -- recognition of my street name. That's a little jab by my engineer, because I did not provide him with enough street names for the plat and so there are several Nickle streets around, but they never really make it to the final plat. Thank goodness. And when they do I want one like on a main intersection, that way to really leave a legacy. De Weerd: There you go. Nickle: Back to what we are here for, Madam Mayor and Council -- and thank you, staff, for an excellent report on this development. I do appreciate, again, you giving us the opportunity to go back and take care of these issues. I do believe we did resolve the majority of the issues regarding the canal, the distances between the buildings, those townhouses will have a minimum of 18 feet separation and, then, we put the common area between those. I guess without going through what Anna spoke of, you have got the details of the subdivision, I want to point out some things regarding the design. For example, we do have -- on the main street we do have a detached sidewalk Meridian City Council March 1.2005 Page 17 of 32 with street trees. A lot of the trees were already existing that went to the original residence on the property. In addition, we do have about 14 percent open space, including the clubhouse and the pool. And there will be pathways. I did speak with the police chief regarding the issue of the wall and I think the way we left it is we are going to continue that discussion, probably, hopefully, have him come out and help us look at -- along with staff, in determining proper lighting and fence height and gates and things like that. So, I do believe we can get that resolved as a condition of approval. Rio Del Nickel, we are going to work with ACHD. Again, we do have a letter -- I don't know if it made it into your packet -- from the church stating their verbal intentions on the property and that is not to have a residential development to expand on their facility. So, we will probably go back and talk to ACHD and just see if that needs to be there and if that's the case, we will submit the proper modifications and be back in front of you for that, if it's necessary. We are continuing to work with the irrigation district on leaving that ditch open. We'd really like to. If you have been out there to see it, it's a real nice -- almost looks like a meadow creek going through there. We have submitted some plans to them and they will be on their next board meeting, so those will be resolved, obviously, before final plat, if we get there -- we do get that from them. Very quickly regarding the developer. Doug Jayo has been developing property in the Treasure Valley for over 20 years and I believe this is probably his first development in the City of Meridian, but he's done other developments in Eagle, Ada County, and Boise, among others. I do have some pictures there that I took of the entrance to Clear Creek Crossing in Eagle and, then, the other pictures all are Spoke Ranch Subdivision, which is located in Ada County. It's, actually, been annexed into the city of Boise. And those -- that's a -- that was probably the first PUD that was -- that was processed through Ada County and I was, actually, the planner when I was at Ada County, that did this and Dave Bailey was, actually, the engineer when it went through eight years ago. I went out this morning and took pictures of this property. I was, actually, very impressed at how it's weathered the last eight years. It's a beautiful development. If you have got some time, take a look at a nice eight year old attached -- combination attached and detached with some commercial, you have got an Alzheimer's clinic, some day care, some commercial on there. It's, really, a very nice, clean development. And I think that shows you how Mr. Jayo operates. He is the builder, for the most part, on the development. He will build the majority of the houses, most likely, in this subdivision, but all the landscaping for the townhouses will be common maintenance through the homeowners association and I think that's probably why it was so nice and clean and everything looked like it was manicured just right out there. So, if you get a chance to go out there and look behind the Albertson's off of Five Mile and Overland, it's quite a nice development. Doug also caters to the retirement community a lot more and so this development will be marketed towards that. It won't be exclusively 55 and older, but that's kind of where he would like to market it and that's why he put so much time and effort into the clubhouse and the pool and those smaller townhouses with the smaller lots and try to market to the empty nesters and that, but, obviously, it would be open to whoever, it won't be exclusive, but I think it's going to probably lend itself in that direction a lot more. And, finally, really quick, just to talk about the Comprehensive Plan and how we believe that this development is supported by that, if you read your Comprehensive Plan at the beginning of the land use section it talks about how the committees that were writing up Meridian City Councii March 1. 2005 Page 16of32 the Comprehensive Plan talked about the predominate single family detached residential and the lack of diversity and goal number five states that we should provide for diversity in housing types and I do believe that this development is providing that type. Everywhere else you look in this square you have single family detached units and I believe this is a nice fit, you have got the diversity with the attached units, the five -- we are, actually, 4.89 dwelling units per acre is kind of in the middle of that three to eight units density range that your Comprehensive Plan land use map talks about. I believe we have met that as well. Why are you smiling? De Weerd: Well, I'm just really glad the Statesman gave you some material to use in your presentation tonight. Nickle: I wish I had read it, because I didn't read it, but don't quote -- or did I quote them? I was afraid to read it. De Weerd: No. My mind is just slipping. Sorry. Nickle: That's okay. I'm going to end on that. I'll just go with Rio Del Nickle and -- De Weerd: Council, do you have any questions? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Mr. Nickle, one of the questions that I have 0- and the application that I have seen in this area was for Saguaro Canyon and during that -- those public hearings before City Council approval, as I recall, the property owner of this proposed development, as well as the one to the south and, then, one to the north, was concerned with the density of that proposed development and so how -- and as I read here from Mr. Hawkins-Clark, that ended up being 3.29 gross density. How did you respond to those earlier concerns that were brought up in those public hearings? Nickle: I didn't do Saguaro. Wardle: I understand that you didn't do that. I'm talking about the concerns of the surrounding property owners for -- the impact of the density at 3.29 and this development at -- nearly at five units per acre. Nickle: I believe the majority of the -- or a lot of the concern, as always, is the traffic. It's a traffic issue. One thing that lends itself -- and this did come up in our neighborhood meeting that we -- that we held was traffic. We did do a traffic study, even though it was not required of us by ACHD, and we did provide your staff with a copy of that, and based on where this is located in relationship to Chinden Boulevard and Meridian Road, the future improvements to Meridian Road, we believe that the traffic is going to be funneled out and proportionately disbursed along that. Regarding Meridian City Councii March 1,2005 Page 190f32 the transition, we believe -- the main reason I think Doug choose this property was because of the location to the church, that's kind of a good compliment to each other, the church and the higher density. Again, we worked with our neighbors that we -- that were surrounding us and I think addressed a lot of their concerns, fencing, and things like that. So, you know, we tried to be as compatible as possible in those aspects. Again, regarding the density, I personally don't think 4.9 is dense. And I do understand this is a lot more dense than you're used to seeing here, but I think diversity is needed in this area. I don't know if that answered your question, but I tried. Wardle: That was fine. Thank you. De Weerd: Any other questions? If not, thank you. Nickle: Thank you. De Weerd: Is there any other testimony on this application? Okay. Staff, any further questions, comments? Canning: No, ma'am. De Weerd: Okay. Council, any further information? Okay. Any last comments? Okay. I would entertain a motion to close the Public Hearing on these items. Donnell: So moved. De Weerd: If there is no second -- Bird: Second. De Weerd: Okay. The motion is to close the public hearings on Items 8, 9 and 10. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Discussion? If there is no discussion, Council, do I have a motion? You guys are a talkative bunch tonight. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we approve Items No.8, 9 and 10, AZ 04-034, request for annexation and zoning, PP 04-043, request for preliminary plat, and CUP 04-052, request for a Conditional Use Permit, incorporating all of P&Z's recommendations, as well as the memo that we received from Mr. Hawkins-Clark. Meridian City Council March 1. 2005 Page 20 of 32 Bird: Does that include the applicant's comments? Donnell: And all applicant comments. De Weerd: Okay. I have a motion to approve eight, nine, and ten. Do I have a second? If I have no second, the motion -- Bird: Well, I'll second it to take it forward, but I won't guarantee you that I'm voting for it. De Weerd: Okay. Then, do we have discussion, now that we have an active motion on the floor to approve, to have discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have got a real concern on the east and south density of the deals and I think that Mr. Jayo does do a nice job and -- in his developments, but I know that this is only 4.9 acres -- or 4.9 per acre, but it -- I don't know. There is awful small -- you're going down -- they have raised from 30 to 32 feet in the one of width, but I think we are encouraging some density out there in the north Meridian plan that -- that we probably don't want. That's my comment. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I guess my thinking is that the staff has done an excellent job in looking at all issues. I think it's a well-planned development. The green space I think is more than adequate. I like the fact that there is diversity in terms having townhouses and as well as the single family residents and I think if it meets the requirements of the Comprehensive Plan in terms of the number of units per acre, that the Council should approve it. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: My comments. One of the concerns that I have for the piece of property is -- as well as some of the other pieces in the north Meridian area, are when you have large estate homes how do you -- how do you address that, if you're going to keep the structure. I think that this plan does that in a phenomenal manner, as making it an amenity to the surrounding community and would like to commend the applicant for those efforts and the landscaping around that. As far as the density, the number one concern that I have is that this 19.3 acres is at such a density as to not be cohesive with Meridian City Council March 1, 2005 Page 21 of 32 the surrounding -- surrounding developments which have come before us and so for that reason I would not look favorably upon the application. De Weerd: Thank you. I guess for just what it's worth, this -- I guess we are kind of spoiled with some of our larger subdivision developments, because you could see how all of the varied densities of lot sizes and housing choices kind of intermix together and I guess to staff that's what we are lacking here. We should see not just that there is a subdivision to the east called Saguaro and to the south that there is -- we should see how it looks and what has been approved and you can kind see that this offers a different housing choice and it is designed nicely, it will flow together, and it is -- you know, from the pictures that we have seen and the open space amenities, it does look like a quality design. I think it's a good compliment to what's out there. It is a different choice of densities than what is already offered out there and that's what we have been asking for. So, you could look at this as the big picture and say it was a mixed use development, because it has some housing choices to it and lot size choices to it, if you looked at the big picture. If you only look at this little piece, it doesn't really show that, but it is a different product than what we have been seeing and I think it's a -- it would be an asset to our community. I guess I still do have concerns of continuing to see the bigger picture and, as we discussed earlier at the ULI meeting and presentation, they did suggest that if you look at some of the smaller pieces of property like this. you ask that the property owners get together and look at master planning or if they want to do it before the city can get to it or the cities start looking at these smaller pieces and giving us a bigger look at the picture, so -- but I think it's a nice development and it compliments what is out there. So, we do have a motion on the table to approve Items 8,9 and 10. I guess I will just ask for a vote on Item 8 for the annexation and zoning and see what Council's vote is on that before we move on Items 9 and 10. Is that-- Bird: The motion was made for all three. De Weerd: So, the motion is for all three. Bird: Let's vote on all three of them. De Weerd: Okay. Bird: Unless the motion maker wants to change the motion. De Weerd: Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, nay; Donnell, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 11: Public Hearing: AZ 04-035 Request for Annexation and Zoning of 5.01 acres from RUT to R-4 zone for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: Meridian City Council March 1,2005 Page 22 of 32 Item 12: Public Hearing: PP 04-045 Request for Preliminary Plat approval of 12 single-family residential building lots and 3 other lots on 4.56 acres in a proposed R-4 zone for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: Item 13: Public Hearing: VAR 05-004 Request for a Variance for block lengths from the required 450 feet to 535 feet for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: De Weerd: Thank you. Okay. Items 8,9 and 10 were approved. We will move to Item 11. Public Hearing on AZ 04-035. I will open this Public Hearing with staff comments. Watson: Madam Mayor and Council Members, it's a rare opportunity that I get to do a land use presentation, for good reason, probably. To avoid a potential conflict of interest, our planning director has asked me to do this, and to avoid having her assistant drive in from Emmett, I volunteered to do this as well, so -- if I botch this, please, don't hold it against the applicant, but -- De Weerd: Brad, I think you're a great substitute. Watson: Well, thank you. We'll see. This application is for an R-8 subdivision located at the southeast corner of Ustick and Black Cat Roads. It abuts Staten Park Subdivision on the east. A portion of -- well, Ashford Greens Subdivision is to the south across the Eight Mile Lateral. It's a rather odd shaped piece tucked into the corner. There we go. It has 12 single-family residential lots on about four and a half acres. There is no street directly onto either Ustick Road or Black Cat Road. It takes access off of Ustick through Staten Park Subdivision. At the Planning and Zoning Commission there was only one person who testified in favor for the applicant. No one testified in opposition. As you can see on the summary, there were two key issues or discussion by the Commission. One was the proposed cul-de-sac length. As you know, there is a variance or block length variance - an application for a block length variance to have a - - or to have a block length of 535 feet, versus the maximum of 450 feet. The alternative to that is to have a stub street onto Ustick Road by doing it proximity to the intersection of Black Cat, staff does not support having that there. The second item of consideration by the Commission and discussion -- for the discussion by Council is this cul-de-sac was -- the cul-de-sac in this subdivision was discussed in terms of getting access across the Eight Mile Lateral to the south. The Commission's recommendation was not to provide right of way -- or dedicate right of way or had this applicant provided any of those improvements, but simply to provide a 50-foot easement to the center line of the Eight Mile Lateral. Evidently it would be incumbent on the property south of the eight mile lateral, to -- if they developed and if the Council wanted this connection to build a crossing, go back into this subdivision, rip curb and gutter and construct that public right of way access. I guess the last thing of consideration that relates to the Eight Mile Lateral is that staff recommended that the Council grant a waiver to the requirement to tile this. It's a large facility and it has not been tiled elsewhere in this section of ground. Meridian City Council March 1,2005 Page 23 of 32 And so we would ask that Council consider waiving that. There is probably something else here I'm supposed to discuss. I sat eyes on this application for the first time at 3:45 this afternoon, so I apologize. Actually, I think that's it. I'll end my comments. Thank you. De Weerd: Well, Council, I failed to open up 12 and 13, which are both related. Since I don't want Brad to have to reiterated what he already has said, if you do not mind, I will open up those public hearings, PP 04-045 and 05-004, to include all testimony on these items. Bird: I thought you already-- Donnell: I did, too. I have marked them all. De Weerd: Okay. Are there any questions for our substitute planner over there? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I almost hate to do this to you, Brad, but show me, again, what you were talking about with the cul-de-sac there when -- so you can point to that area for me. Watson: Sure. Madam Mayor, Council-member Donnell, this is what the Commission elected to modify is that this subdivision would provide a 50 foot easement to the center line of the Eight Mile Canal right here, in case this future development was required to provide a connection into the subdivision. De Weerd: Okay. Any other questions? Bird: I have none, Mayor. De Weerd: Okay. Any other questions? Okay. None? Is the applicant here tonight? If you will, please, state your name and address. J.Canning: Yes. Madam Mayor and Members of the Council, Joe Canning with B&A Engineers. My address is 5505 West Franklin in Boise. And I'm here tonight representing the applicant and the applicant's also here, in case there are any other questions I can't answer. De Weerd: Okay. Thank you. J.Canning: I think I'll add a few things. I don't want to take a lot of the Council's time on this. Hopefully, it's fairly straight-forward. I'll try to concentrate on any important items that relate to this. We consider this application, really, an extension of -- or very similar to the Staten Park development. Its connection is proposed to be through that Meridian City Councii March 1,2005 Page 24 of 32 development. The applicant would like to annex into the homeowners association of Staten Park. We really feel it's a continuation of that development. It finishes off that parcel of land to the west of that project. We did have a few liabilities. Brad touched on them. There is a considerable amount of frontage along Ustick, it's kind of a liability for the owner. There is also a small liability with the small frontage on Black Cat Road. There is a bridge there over the Eight Mile Lateral. We have been negotiating and worked with Ada County Highway District as far as widening the normal right of way along Black Cat Road to accommodate a future widening of that bridge to at least -- provided we will be in place when that bridge needs to be removed and widened. Of course, the other liability is the Eight Mile Lateral. We are surrounded on three sides by what we consider more like liabilities. The major liability with Eight Mile is that stub and the Planning and Zoning Commission decided to make that condition as it's presented to City Council. The applicant does not have an objection the way that's -- the way that's worded and required right now. Really, we looked at the block length requirements of the ordinance and we really feel it's better to approve this waiver request here and the option at this point in time is to extend the stub up into Black Cat and that intersection, of course, the less stubs we had out there in proximity to that intersection the better, at least in our opinion. I'm sure traffic engineers would see it the same way. So, we feel this is a very reasonable request to get that approved that way. I think that's really it. Like I say, just to reiterate, we consider this, really, an extension of that development. Our lot sizes are similar and I think with that I'll shut up and answer any questions that Council may have. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. Donnell: I have none. De Weerd: Okay. Thank you. J.Canning: Thank you. De Weerd: Is there anyone else who would like to provide testimony on this application? Okay. Council, anymore grilling for Brad? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none, I move that we close AZ 04-035, PP 04-045, VAR 05-004. Wardle: Second. De Weerd: Okay. The motion is to close the public hearings on Items 11, 12 and 13. All those in favor say aye. All ayes. Motion carries. Meridian City Councii March 1. 2005 Page 25 of 32 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: I guess we will take these one item at a time. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 04-35, incorporate staff and applicant comments, for the attorney draw up proper papers. Wardle: 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, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. We will take a motion on Item 13 for the VAR 05-004. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAR 05-004, with applicant and staff comments. Wardle: Second. De Weerd: Okay. The motion is to approve Item 13. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Mr. Bird. Bird: I move that we approve PP 04-045, with applicant and staff comments. Wardle: Second. De Weerd: Okay. The motion is to approve Item 12. Roll call, please. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. Meridian City Council March 1. 2005 Page 26 of 32 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Public Hearing: PFP 04-008 Request for Preliminary/Final Plat approval for 4 building lots on 8.02 acres in an I-L zone for Nola Subdivision by Bergey Land Surveying - SWC of East Pine Avenue and North Nola Road: De Weerd: Thank you. I would like to recognize our government students here tonight. I am assuming you're from Meridian High School? Okay. One of my favorite city volunteer's son is here. I understand you're the son of Ed Fong? Well, give your dad our greetings. Is he still in Califomia? Okay. Well, give him our greetings. He's a good man. So welcome. I'm sure you're just really entertained and this is great stuff, isn't it? Yeah. Okay. Item 14 is Public Hearing PFP 04-008. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this applicant failed to post the site correctly, so I think we need to table for two weeks. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue Public Hearing PFP 04-008 to March 15th, 2005. Donnell: Second. De Weerd: The motion is to continue Item 14 to March 15th. Actually, I don't continue it if it was not posted, do I? Bird: Yeah. We have to -- De Weerd: Okay. Bird: Isn't that right? Baird: That way, Madam Mayor, Members of the Council, those who received radius notice or mailed notice and who happen to be here tonight, would have notice of a continued hearing, so we wouldn't have to re-send the mailed notice. De Weerd: Well, I apologize if anyone came to testify on this application. If it's not posted properly, we can't even entertain testimony on it, so it will be listened to on March 15th. All those in favor say aye. All ayes. Motion carries. Meridian City Councii March 1. 2005 Page 27 of 32 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Public Hearing: CUP 04-053 Request for a Conditional Use Permit for a Planned Development for a clinic I office in a L-O zone for OB/GYN Associates by ZGA Architects and Planners, Chartered - south of East Franklin Road and east of North Eagle Road: De Weerd: Okay. Item 15 is Public Hearing CUP 04-053. Staff comments. Canning: Madam Mayor, Members of the Council, this is a Conditional Use Permit for a clinic building. This site is located at Touchmark. This is the lot that the site sits on and that is the only issue -- tricky issue staff has had with this is just identifying a boundary for this project. You see here it's on a rather large lot within the Touchmark Subdivision. However, this site is just a small portion of that lot. They have submitted a lot line adjustment application that is on Mr. Watson's desk to define this area. Just a moment. I'm sorry. I lost my staff report. The applicant is proposing a 10,339 square foot building and it's -- it is a medical facility. You can see the building there. There is an entrance -- and this is Louise Drive, it comes and turns around the corner. There will be a shared access aisle that comes along the east boundary of the site. From that shared parking access drive there will be this parking lot. There will be a few physician spots and, then, there will be another parking lot on the north side of the building. The use requires 53 parking spaces and they have proposed 68. Part of the issue with not having a lot is that there seems to be some question as to whether this will be a road in the future or a parking access aisle. This applicant does own to this -- the center-line of the parking access aisle, so at this point staff is just treating it as if that parking access aisle will exist at some point in the future. This may come before you again through Touchmark to resolve some other issues, but for now staff is convinced that we have enough protection in place for this particular development. We have asked for a cross- access agreement and, then, we have a -- the recommendation that's before you tonight does have a zero lot line on the parking. Presumably there would be other parking on this other side that would gain access to the parking aisle as well. The Planning and Zoning Commission heard this application on February 24th. Phil Agrusa from OB-GYN Associates and Tom Scoffield from ZGA Architects spoke in favor and no one spoke in opposition. Craig Thueson commented on the application. The key issues of the discussion were the use of the site as a clinic, accessory to the hospital. I should explain that. St. Luke's is -- the medical office building is just south here that we approved in Touchmark and, then, St. Luke's is south of that. The Commission did not make any significant changes to staff's initial recommendation and to our knowledge there are not outstanding issues before the City Council. There is not a letter from the applicant stating that they are in agreement with the conditions of approval, but the architect for the project is here this evening. With that I will end staff's comments. De Weerd: Okay. Any questions for staff? Bird: I have none, Mayor. Meridian City Council March 1. 2005 Page 28 of 32 De Weerd: Okay. Would the applicant like to come forward? If you will, please, state your name and address. Scoffield: Thank you, Madam Mayor, Members of the Council. My name is Tom Scoffield, I'm with ZGA Architects, 565 West Myrtle Street, Boise, Idaho. De Weerd: Thank you. Scoffield: With regard to the letter, forgive that lapse regarding those items. We will forward a letter agreeing with the findings at the P&Z hearing. De Weerd: You don't need to forward one. You just did it. Scoffield: Good. Donnell: You just agreed. De Weerd: Okay. Do you have any comments? Scoffield: I do not. We are in full agreement with staff's assessment of the situation and from that standpoint I have nothing further to add. De Weerd: Okay. Thank you. Any questions? Wardle: Madam Mayor? De Weerd: Yes. Would the applicant please stay. Wardle: Just a quick question. Will the architecture of this building be similar to the larger building just completed to the south? Scoffield: Sorry. Not exactly. It's a very lowered scale building. As we step away from that development, the developer has set in a group of requirements regarding the look of the building, so this is much more in line with a craftsman style. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: Councilman Wardle, this is more similar to the assisted care facility that's approved at the center of the project. Wardle: Thank you. De Weerd: It's a nice looking building. Meridian City Councii March 1. 2005 Page 29 of 32 Scoffield: Thank you. De Weerd: Thank you. Any other questions? Thank you. Is there anyone else who would like to provide testimony on this application? Please state your name and address. Owenby: Madam Mayor, Members of the Council, my name is Jim Owenby, I live just to the west of this development. My concern -- I live at 3359 North Montvue. De Weerd: Thank you. Owenby: My concern is with the site plan being as large as it is and being rather undefined, is we have, for the Montvue Subdivision, our irrigation is buried irrigation underground, we have a line that runs across to the north, we also have a line that runs across to the -- be on the east side of this lot that feeds our southern ditches. What the concern is that in the construction phase that these people are aware that these lines are in here and be very careful that we don't have them disrupted, so to speak. Our irrigation season is going to be very short this year and we are just rather concerned that they are very much aware of it and we don't have that problem. De Weerd: We appreciate your concerns and we do have an ordinance that states that they have to maintain those irrigation canals and assure the water will be provided. Baird: Madam Mayor? De Weerd: Yes. Baird: If I could clarify, in addition to that, the application that's before the Council tonight, any approval that they make with regards to this property will not affect your right to get that water. You're entitled to that by state statute. .If they interfere with it, you would have -- and I don't want to give you legal advice here, but, statutorily, you would have a right to continue to receive that water. Owenby: Okay. Trying to be a little pro-active. De Weerd: We appreciate that and they do make inspections to assure the integrity of those systems, so if you have any issues, you know who to call. Owenby: Thank you. De Weerd: Our planning department. Canning: Madam Mayor, there is -- you will notice there is a large landscape buffer between the Montvue Subdivision and there is a pressurized irrigation line -- you can see it right there. That's within that. But that is the only facility that's actually shown on this portion of the property. Now, again, the -- what was noticed for this development Meridian City Council March 1, 2005 Page 30 of 32 was the whole piece of property, which is nine or ten times larger than the piece that you're seeing tonight. De Weerd: Okay. Thank you. Is there any other testimony on this application? If we could ask the applicant to come and at least give assurances on the water delivery? Scoffield: Tom Scoffield again. With respect to the irrigation canal and the water services, I forwarded Jim's comments to the developer and to the civil engineer of record on the site to have them make an awareness of it. Insofar as we are aware, it occurs, actually, a little bit north of our property line and off our site. That would be a horizontal -- some form of lateral connection, I suppose, if that's the right term, just so understanding would be noted by the contractor and who ever else was associated with the project. And that's -- to that degree, we will also notify our contractor following this meeting that -- that we should be very considerate of his water rights. De Weerd: Thank you. Okay. Thank you so much. Okay. Council? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Hearing no other comments, other than I'd like to reiterate that I really like this development and the new building, which is completed just south of this, is just a wonderful building. So, with that I will close the Public Hearing. Bird: I would second it. De Weerd: The motion is to close the Public Hearing on Item 15. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 15, CUP 04-053, Conditional Use Permit for OB-GYN Associates. Donnell: Second. De Weerd: Okay. The motion is to approve Item 15. Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council March 1, 2005 Page 31 of 32 Item 16: Water, Sewer, & Trash Delinquencies: De Weerd: Thank you. Okay. Item 16 is water, sewer, and trash delinquencies. Pursuant to Meridian City Code 9-1-21, delinquent water users shall have the right to request a pre-termination hearing prior to water service being disconnected. No water users having requested such pre-termination hearing for March 1, 2005, water service for the attached turn-off list will be terminated on March 2nd, 2005. The total amount of the turn-off list is $32,495.53. Do I have a motion to approve? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the turn-off list for March 2nd, 2005, in the amount of $32,495.53. Wardle: Second. De Weerd: Thank you. The motion is to approve the turn-off list. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Ordinance No. 05-1134 AZ 04-001 Request for Annexation and Zoning of .5 acres from RUT to CoG zones for Eauitv Benefits by Equity Benefits, LLC - 2540 East Franklin Road: De Weerd: Thank you. Item 17 is Ordinance 05-1134. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1134, an Ordinance finding that Equity Benefits, LLC, the owner of certain real property generally located on the north side of Franklin Road, approximately 2,000 feet west of Eagle Road and approximate 2,300 feet east of Nola Road in Section 8, Township 3 North, Range 1 East, with the physical address of 2540 East Franklin Road, Meridian, Idaho, and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated General Retail and Service Commercial (C-G) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of Meridian City Council March 1,2005 Page 32 of 32 the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code 50-223 and 63-2215. This is the old ordinance. I have it memorized. De Weerd: That was exhausting. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? I'm glad no one said yes. Bird: That little guy out there, just hand him the ordinance and he can start reading. De Weerd: Okay. Council, I would entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 17, Ordinance No. 05-1134, with suspension of rules. Bird: Second. De Weerd: Okay. The motion is to approve Item 17. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. And thank you for lasting the whole City Council meeting. Donnell: That's incredible. De Weerd: I would entertain a motion to adjourn. Donnell: So moved. Bird: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. Meridian City Council March 1, 2005 Page 33 of 32 MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~~ MAYOR TMtMY --- ERD