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HomeMy WebLinkAbout2020-06-16 Regular Meridian City Council June 16, 2020. A Meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, June 16, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Adrienne Weatherly, Bill Nary, Joe Dodson, Jamie Leslie and Joe Bongiorno. Item 1: Roll-call Attendance: Liz Strader X Joe Borton X Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: For the record it is Tuesday, June 16th, 2020, at 6:03. 1 will call this meeting to order with roll call attendance. Item 2: Pledge of Allegiance Simison: Item No. 2 is the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation with Mark Bryan of Harvest Church Simison: Item No. 3 is our community invocation. I do not see Pastor Bryan here. Item 4: Adoption of Agenda Simison: So, we will move on to Item 4, adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the agenda as published. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Second the motion. Meridian City Council Meeting Agenda June 23,2020— Page 23 of 216 Meridian City Council June 16,2020 Page 2 of 9 Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Those opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Simison: Item No. 5 is future meeting topics. Do we have anybody signed up for future meeting topics? Johnson: Mr. Mayor, there was nobody in advance online, but we did not have the iPads in the back, so I'm not sure if anyone here is for that topic. Simison: Okay. Is there anybody here who was wishing to speak during future meeting topics? Item 6: Action Items A. Public Hearing for COMPASS Charter School East Expansion (H-2020-0042) by Bouma USA, Located at 4540 W. Franklin Rd. 1. Request: Annexation of 5.15 acres of land from RUT in Ada County to the R-15 zoning district to develop the property with additional parking and recreational fields for an existing Education Institution; and, 2. Request: A Modification to the Existing Development Agreement (Inst. 2018-079763) to incorporate the subject property and revise the concept plan based on the proposed expansion of the Education Institution. Simison: All right. Seeing none, we will move on to Item 6-A, action item, a public hearing for COMPASS Charter School East Expansion, H-2020-0042. I will open this public hearing with staff comments and turn this over to Joe. Dodson: Thank you, Mr. Mayor. Appreciate it. Good evening. The application before you is a request for annexation and zoning, with a zoning designation of R-15. The proposed use is an education institution because it will be an extension of the COMPASS Charter School directly to the west of the subject site. An education institution is a principally permitted use in the R-15 zoning district. A parking lot for an additional 88 spaces -- sorry. A parking lot for additional parking and a sports field for the students are the only development proposed with this annexation. The parking lot, an additional 88 spaces, is a requirement of the recently approved classroom expansion at the existing school site. A condition of approval in the approved CZC and design review for that building expansion hinges on this annexation and the future parking lot. Currently the Meridian City Council Meeting Agenda June 23,2020— Page 24 of 216 Meridian City Council June 16,2020 Page 3 of 9 existing DA shows additional parking and a conceptual sports field on the parcel directly to the north of this site and across West Aviator. Since the original annexation and development of the COMPASS Charter School the applicant's desired location for the additional parking and sports field has changed. Citing potential safety issues of children and staff crossing West Aviator and the cost of installing a signal from that northern parcel to the main site, the applicant has decided to move these development items to the subject site. Because this concept plan is not in line with the approved plan within the existing DA, a modification of the DA is required. Staff believes that this new concept plan will offer better integration with the sports field into the existing school site and help eliminate the need of children to cross the street from the parking area to get to school after parent drop off and pick up. A proposed use of education institution requires a 25 foot land use buffer adjacent to residential uses. The submitted landscape plan shows compliance with this requirement along its eastern boundary, except for the area directly abutting the proposed parking lot. In order to fit the required number of spaces in this area, the dimensions of the parking area push into the 25 foot buffer. Because of this the applicant is requesting a modification to the buffer by City Council only for this area abutting the parking lot. Staff supports this request as the submitted landscape plan shows a landscape buffer of at least 15 feet with landscaping. If this were to be labeled as only a parking lot, instead of an educational institution, UDC standards only require a five foot landscape buffer. The applicant's landscape plan shows extensive landscaping and a six foot vinyl fence along the eastern property boundary of the site, including that area along the parking lot. Staff finds the proposed landscaping to be greater than or equal to the required 25 foot buffer. The neighbors to the east have also shown support of the proposed landscape buffer along their shared property line. In the Planning and Zoning Commission a month or so ago key issue of discussion was --was the applicant's request to modify a condition within the staff report-- the DA provision, actually, regarding the future access to Franklin Road if the subject site were to ever be subdivided and the other-- the other topic was applicability of a condition of approval to construct a full street section for the extension of West Aviator. Commission decided to recommend the staff to change the DA provision to reflect relaxed language regarding that access to Franklin Road and determine that the city did have the -- or I should say the DA provision of the --of extending West Aviator was correct and we have the purview to request that, because they own the property on both sides of the street. And with that I will close for questions. Simison: Thank you, Joe. Council, any questions? Okay. Appreciate it very much. Understand that we have the applicant who is remote. Mr. Hadlock, is he unmuted and ready to provide testimony? Johnson: Mr. Mayor, Mr. Hadlock and Mr. Bierlein are both here. Simison: Okay. Chris, just for the -- are you timing or do I need to be timing still? Johnson: I can time. Thank you, sir. Simison: Okay. Mr. Hadlock, if you could state your name and address for the record and you will be recognized for 15 minutes. Meridian City Council Meeting Agenda June 23,2020— Page 25 of 216 Meridian City Council June 16,2020 Page 4 of 9 Hadlock: Yeah. My name is Bill Hadlock, I'm the engineer of record for the project. My address is 14624 South 23rd Street, Phoenix, Arizona, and, gosh, I don't have a whole lot to say, other than working with Joe on this project and we understand that the -- the reason that we have to do the full width extension across the Aviator Drive there, which was one of the changes he had mentioned and the staff has been -- worked with us very well on the closing of the drive on Franklin, so we don't really have any--anything to bring forward. But the -- as far as the conditions that are put on the approval and the report talks about, the only comment I want to bring up is that there is a left -- one thing that wasn't mentioned -- I believe this will be flushed out during development agreements that we work with Joe and staff on is that there is currently in that development agreement when we get the first project we have had about three or four parts of that that we were annexing in and one of those things is the development agreement talked about was the need to basically find all those lots, which we did. That provision is still sitting there and, then, when we actually get approval on this parcel and revise that development agreement, the provision needs to come out of -- out of the development agreement because of the -- the R-15 zoning to the existing M-E. So, I know it's just a leftover formality and I know I have talked with Joe about that it was something that was -- just happened, but other than that that's the only comment that I have on the -- on the report. So, if there is any questions I will -- that's pretty much what I had to present. Simison: Well, thank you, Mr. Hadlock. Council, any questions for the applicant? Cavener: I have none. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Mr. Hadlock, I'm having a bit of a hard time hearing you, so I don't know if you addressed this or not, but I'm curious if you have had any conversations with ACHD about whether you could actually get access for that southern piece, because it's -- I think my understanding is is that that's going to be their decision and not the city's decision. Hadlock: Yeah. Sorry about that, that you can't hear me. That is correct. We will work through ACHD on that. We realize the intent of this does not allow access onto the full parcel, it fullest use. The only reason we had talked about rewording that was just to block access and didn't want to restrict the potential for future development of that other piece if we were able to be successful in splitting that off and selling that in the future and it really came down to a timing issue, that we realized that if everything was developing at the same time that Franklin access would not be allowed, because the idea is the drawing that's showing up on -- at least on my screen right now shows to be coming on the south side the parcel and minimizing the drive cuts on Franklin and we realize that and that would be the intention of-- of that development agreement when and if that were to happen. But it -- again, it was just a timing issue that the client did not want to, you know, risk the development opportunity to be there should the other parcels in between not allow the cross-access. So, I guess to answer your question long winded, we got -- Meridian City Council Meeting Agenda June 23,2020— Page 26 of 216 Meridian City Council June 16,2020 Page 5 of 9 we understand that we have to work through that with ACHD. We have been talking to Mindy there and I think it's more of a thing that we have to deal with down the road if and when we -- we split off that south parcel, acre, acre and a half, if that makes sense. Simison: Thank you. Hadlock: Did you hear me better there? Sorry, I don't know if-- Simison: Council, any further questions at this time? All right. This is a public hearing. Did we have anyone that signed up to testify on this application? Johnson: Mr. Mayor, there were no advance sign-ups. Simison: Okay. If there is anybody that is present that would like to come forward and testify on this application, please, do so at this time and state your name and address for the record and you will be recognized for up to three minutes or if you are online remote and wish to -- wish to testify, you can use the raise your hand feature at the bottom of your screen and our clerk will bring you in to allow you to testify as well. Just pull it up closer to your mouth. Varin: There we go. I can do that. Thanks. My name is Norm Varin. I live at 2818 West Torana Drive in Meridian. I am the board chair for COMPASS and a parent and I'm just delighted to be here and support the process and we are excited to be able to get this into place. It's been a long process of putting a lot of different parcels together, but we think this is the best plan for the school going forward, so we are very excited about this and I just wanted to express our support for it. So, thank you. Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I'm not sure if you can answer this or if I should ask Mr. Hadlock, but it's my understanding from the narrative that there is going to also be a soccer field in this area south of the parking lot; is that right? Varin: Mayor and Council Woman, we are intending to make that a play field of some sort. We are not sure we can put a legitimate soccer field completely on there, but that's our intent is to make it a play field for the students that are there. Perreault: Okay. Thank you. Simison: Council, any other questions? All right. Thank you very much. Is there anyone online that would also like to testify on the application? Okay. If not, we will turn this back over to the applicant for any final remarks. Mr. Hadlock. Meridian City Council Meeting Agenda June 23,2020— Page 27 of 216 Meridian City Council June 16,2020 Page 6 of 9 Hadlock: I have nothing further. Thank you for your time. Simison: Okay. Thank you very much. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: Just to clarify, I -- this is also an application for a development agreement modification and that's what the applicant was speaking about with modifying the original DA to remove the condition of -- a DA provision that would require a consolidation of the lots because you do not want split zoning on one lot, so we want this to be a separate parcel with R-15 and, then, the existing parcels will have the M-E zoning. So, I just wanted to clarify that. Simison: Thank you, Joe. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: It doesn't sound like there is any other information to be gathered, so I move we close the public hearing on Item 6-A, H-2020-0042. Cavener: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I will start off with a motion. If there is any discussion to follow -- it seems pretty straight forward. The applicant and staff have worked together and the staff report is pretty clear that this makes sense to go forward as presented. So, I will make a motion that we approve Item 6-A, H-2020-0042, as presented in the staff report dated June 16th, 2020. Strader: Second. Simison: I have a motion and a second to approve the application. Is there any discussion on the motion? Meridian City Council Meeting Agenda June 23,2020— Page 28 of 216 Meridian City Council June 16,2020 Page 7 of 9 Dodson: Mr. Mayor, just to -- Simison: Joe. Dodson: Sorry. Just to clarify that you guys would have to -- the Council would have to make a motion with removing that existing provision if you want to. I did not put that in my staff report. Borton: Then Mr. Mayor? Simison: Councilman Borton. Borton: If I can question staff. Share with us your thoughts on that request for it's removal. Dodson: Of course, Borton: I thought you were okay with it. Dodson: No worries, sir. Yes, I am okay with it. I just did not specifically have that in my staff report originally, so they had come to me with this in the last month or so since the Commission hearing. Borton: Okay. Dodson: But I am completely understandable at the request and agree with it. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: The motion of approval would include that request that amends the DA as set forth in today's hearing and as confirmed by staff is an acceptable edit. Simison: Does the second agree? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I guess it was Council Member Strader's birthday, I guess I was going to yield to her to the second. Johnson: Mr. Mayor, I put her as the second in my records, if that helps. Strader: Second agrees. Let's not discuss it's my birthday. Meridian City Council Meeting Agenda June 23,2020— Page 29 of 216 Meridian City Council June 16,2020 Page 8 of 9 Simison: I have a motion and a second. Is there any further discussion on the motion or clarification needed? If not, clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. MOTION CARRIED: ALLAYES. Item 7: Future Meeting Topics Simison: Item No. 7 is Future Meeting Topics. Council, anything for future meeting topics, other than tomorrow we get to have our first budget workshop. Look forward to seeing everybody here at 1:00 o'clock for that conversation. Item 8: Executive Session for the specific purpose of deliberating on a labor contract offer or to formulate a counteroffer as permitted under Idaho Code Section 74-206A(1)(a) Simison: And, Mr. Nary, Item 8 is on here, but I don't think we need to do that and we didn't vacate it off the agenda. Do we have to do it? Nary: Mr. Mayor, Members of the Council, we don't. When we get to that we can vacate it then. Simison: Okay. Well, we are there to Item 8 on the agenda. Do I have a motion to vacate our Executive Session? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we vacate Item 8, our Executive Session. Hoaglun: Second the motion. Simison: I have a motion and a second to vacate the Executive Session. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. MOTION CARRIED: ALL AYES. Bernt: Mr. Mayor? Simison: Councilman Bernt. Meridian City Council Meeting Agenda June 23,2020— Page 30 of 216 Meridian City Council June 16,2020 Page 9 of 9 Bernt: I move that we adjourn the meeting. Hoaglun: Second. Simison: I have a motion and a second to adjourn the meeting. Any discussion on the motion? All those in favor signify by saying aye. Opposed nay. And we are adjourned. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 6:21 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 / 23 / 2020 Mayor, Robert E. Simison DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Meridian City Council Meeting Agenda June 23,2020— Page 31 of 216