HomeMy WebLinkAbout2005 07-26
Meridian City Council Meetina
July 2~, 2005.
The regular meeting of the Meridian City Council was called to order at 7:55 P.M.,
Tuesday, July 26,2005, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie
Rountree, and Christine Donnell.
Others Present: Bill Nary, Will Berg, Ann Canning, Bill Musser, Ron Anderson and Len
Grady.
Item 1:
Roll-call Attendance:
Roll call.
X Shaun Wardle
X Charlie Rountree
X
X Christine Donnell
X Keith Bird
Mayor Tammy de Weerd
De Weerd: I will open up the regular meeting for the City Council. It is July 26th and it
is five minutes to 8:00. We sure apologize for the delay tonight and appreciate your
patience in waiting for us. We had a public commenting process before this and
certainly it went a little bit longer thàn we had anticipated. So, thank you for sticking
with us on this. Item No.1 is roll call attendance.
Item 2:
Pledge of Allegiance:
De Weerd: Item No.2 is the Pledge of Allegiance. Tonight we will be led by John
Jackson and he is with Troop 62. Will you all rise.
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(Pledge of Allegiance recited.)
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Item 3:
Community Invocation by Pastor Craig Flinn, with Meridian Alliance
Church:
De Weerd: Thank you, John. If I could, I'd like to give one of our City of Meridian pins
for helping us out. Thank you so much. Okay. Item 3 is our community invocation. If
you will all join us in the community invocation or take this as a moment of silence.
Tonight we will be led by Pastor Craig Flynn and his three children. Thank you for
joining us.
Flynn: God, we acknowledge that you are the God of heavens and the earth and every
city. We thank you for your blessing and your commitment to every person that lives in
the city. God, we ask for your wisdom for the leadership tonight as they consider many,
many, many, many decisions. We thank you for each person that's come out tonight.
Lord, we thank you for your being a caregiver. We thank you that you're committed to
every life that dwells in this city. I pray specifically tonight, God, for healing for broken
Meridian City Council
July 26, 2005
Page 2 of 72
relationships, broken hearts, broken homes, God, that you would do a mighty work in
this city and bring healing and wholeness to people's lives. And, God, we thank you for
the many city officials. The police and the fire and everybody, God, that you have
appointed to serve this city. We just pray a blessing on this meeting, that we have great
communication and may we further your kingdom because of this meeting tonight.
Amen.
Item 4:
Adoption of the Agenda:
De Weerd: I do have some City of Meridian pins for you, too. Okay. Item No.4 is
adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We need to pull off the Consent G, H and I and move it over to, actually, 8 G, H
and I. And also BB, Resolution No. 05-480 and CC as 05-481 and on our regular
agenda 27 is 05-1167. Ordinance No. 28 is 05-1168 and 29 is 05-1169. And with
that I move we adopt the revised agenda.
Rountree: Second.
De Weerd: Okay. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5:
Consent Agenda:
A.
Approve Minutes of June 21, 2005 City Council Regular Meeting:
B.
Approve Minutes of June 7, 2005 City Council Regular Meeting:
C.
Approve Minutes of June 28, 2005 City Council Regular Meeting:
D.
Findings of Fact and Conclusions of Law for Approval: AZ 05-
007 Request for Annexation and Zoning of 43.18 acres from RUT
to R-8 zone for Bellinaham Park Subdivision by Gemstar
Development, LLC - north of Amity Road and east of South Locust
Grove Road:
E.
Findings of Fact and Conclusions of Law for Approval: PP 05-
009 Request for Preliminary Plat approval of 166 building lots and
37 common lots on 43.18 acres in a proposed R-8 zone for
Meridian City Council
July 26, 2005
Page 3 of 72
J.
o.
T.
Bellinaham Park Subdivision by Gemstar Development, LLC -
north of Amity Road and east of South Locust Grove Road:
F.
Findings of Fact and Conclusions of Law for Approval: CUP
05-008 Request for a Planned Development consisting of 166
residential units with reductions to the minimum requirements for lot
size, street frontage and yard setbacks for Bellinaham Park
Subdivision by Gemstar Development, LLC - north of Amity Road
and east of South Locust Grove Road:
Award of Bid for Well No. 26 Pumpina Facilities to Star
Construction, LLC:
K.
Water Main Easement AQreement for Park's Wests ide Body
Works by Tim Wallace:
L.
Water Main
Subdivision:
Easement Aareement for Waltman
Court
M.
Water Main Easement Agreement for Ustick Marketplace. LLC:
N.
Purchase AQreement and Permanent Easement Agreement
with Ada County HiQhway District for EaQle Road, Victory to
Ridenbauah:
Development. Reimbursement and Conveyance Aareement for
Champion Park:
P.
Award of Bid for 2005 Sewer CleaninQ I TV Inspection Project
to Pipeline Inspection Services:
Q.
ConsultinQ AQreement and Scope of Work with WashinQton
Group International for North Meridian Area Traffic Study:
R.
Application
AQreement for Pretreatment
Modifications with CH2M HILL:
Proaram
S.
AQreement for On-GoinQ Consultation to Water Department
with Hydro Loaic:
AQreement for Municipal Water RiQhts Project with Hydro
Loaic. Inc.:
U.
AQreement for Supply Well # 27 Professional Services with
Hydro Loaic. Inc.:
Meridian City Council
July 26, 2005
Page 4 of 72
v.
W.
x.
Y.
z.
AA.
BB.
CC.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
AQreement for Ground Water Studies with Hvdro LoQic, Inc.:
AQreement for Supply Well Evaluations with Hydro LoQic, Inc.:
Reauest for Funds No.3 for Meridian Sr. Center Rehabilitation
Project ICDBG 04-111-01-SR:
Development Agreement: AZ 04-033 Annexation and Zoning of
15.92 acres from C-2 and RUT zones to C-G zone for Stor-It by
Avest LP - 355 North Ten Mile Road:
Development Agreement: AZ 05-008 Annexation and Zoning of
41 .27 acres from RUT to R-4 for a new middle school for McMillan
and Meridian Middle School by Joint School District No.2 - NEC
of McMillan and Meridian Roads:
Approve Beer and Wine Licenses for Pier 49 Pizza -1551 West
Cherry Lane #102:
Resolution No. Setting Forth Certain
Findings and Purposes Authorizing the Sale of Surplus
Property at Public Auction; Authorizing the Mayor of the City
of Meridian to Sell Surplus Property Located on Lot 63, Block
14 in Thousand Sprinas Subdivision No.5:
Resolution No. : DeclarinQ the Intent of
the City of Meridian to Convey to the Meridian Development
Corporation Certain Real Property Located at 55 East
Broadwav Avenue in the City of Meridian and Leaally
Described as Lots 20 and 21 of Block 1 of the Meridian
Townsite: Instructina the City Clerk to Establish and Notice a
Hearina to Review the Proposed Conveyance:
Bird: I move we approve the Consent Agenda with the changes of Items G, H and I
being moved to the regular agenda as 8 G, H and I and for the mayor to sign and the
clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. Motion to approve the Consent Agenda.
discussion, Mr. Berg, will you call roll?
If there is no further
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July 26, 2005
Page 5 of 72
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
MOTION CARRIED: ALL AYES.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: On Item BB that was just approved, if it's all right with the Council, I would
suggest if the Council's direction would be to the clerk's office to begin the process of
the public noticing necessary for the sale of this property at Thousand Springs, and our
office -- attorney's office and Public Works office to post the site, so that we can get
proper notice out to the public. But if the Council could give that direction as well, we
can get this property actually sold maybe this year.
Bird: That was included in the motion.
De Weerd: Okay.
Bird: If the second agrees.
Rountree: The second understood that.
Bird: Okay. Thank you.
De Weerd: And everyone that voted I'm sure understood that as well.
Nary: I thought you all did.
Donnell: Sure we did.
Item 6:
Department Reports:
A.
Mayor's Office:
1.
Proclamation for Cover the Blue 2005:
De Weerd: Okay. Item 6, Department Reports. I do have a proclamation to read.
During the week of August 1 st through the 5th, they are working a canned food drive to
Cover the Blue at BSU's football field. And so my proclamation reads as follows:
Whereas, due to the increase of cost of food and other necessities, the agencies that
provides food for needy Idahoans have a critical need for donations this summer. And
whereas Idahoans have always responded with compassion and generosity to their
neighbors in need and this is a time where we must all reach out to the members of our
community who are most impacted by these conditions. And whereas in response to
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Meridian City Council
July 26, 2005
Page 6 of 72
those needs KOFC Radio, the Boise Rescue Mission, and the Salvation Army, are
presenting the Cover the Blue summer food drives to give Idahoans throughout the
state a way to donate food and other essential items to their most needy neighbors.
And whereas by gathering enough food to cover the turf at Bronco Stadium, we can
show our community that Idahoans are all in good hands. Now, therefore, I, Tammy De
Weerd, Mayor of the City of Meridian, do hereby proclaim August 1 st through the 5th,
2005, to be Cover the Blue 2005. Reducing hunger in Idaho and I encourage all
individuals, businesses, organizations and families to support this project to help our
hungry neighbors.
B.
Parks and Recreation Department - Doug Strong:
1.
NaminQ of Park Located in Autumn Faire Subdivision:
De Weerd: Item No. B is our Parks Department. I will turn this over to Mr. Strong.
Strong: Thank you, Madam Mayor, Members of the Council. First item is related to
naming of a neighborhood park. During the July Parks and Recreation Commission
Meeting the naming of Autumn -- of Autumn Faire was discussed. And after some
lengthy discussion, the Parks and Recreation Commission approved the name of the
park located in the Autumn Faire Subdivision as Seasons Neighborhood Park. And
recommended the new park name be sent forward to the Mayor and the Council for
approval. So, that's what's brought to you tonight.
De Weerd: Council, do you have any questions for Mr. Strong? Do I have a motion?
Donnell: Madam Mayor?
De Weerd: Yes, Mrs. Donnell.
Donnell: I'd like to make a motion that we approve the recommendation from the parks
commission to name the Autumn Faire Subdivision park Seasons Neighborhood Park.
Bird: Second.
De Weerd: Okay. The motion is to approve the recommendation for the naming of
Autumn Faire park as Seasons Neighborhood Park. The City of Meridian Seasons
Neighborhood Park. Okay. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
De Weerd: Thank you. All ayes.
MOTION CARRIED: ALL AYES.
Meridian City Council
July 26, 2005
Page 7 of 72
2.
Placement of Western Heritaae Historic Bvwav Sian in
Storev Park:
De Weerd: Item No.2. Mr. Strong.
Strong: Thank you, Madam Mayor, Members of the Council. That same July 13th
Parks and Recreation Commission Meeting, the commission approved a request from
Aldis Garsvo to place a Western Heritage Historic Byway sign in Storey Park in
conjunction with the Initial Point sign that's already located in the park. The Western
Heritage Historic Byways constructed the sign, which are typical Idaho Transportation
Department signs, map boards, measures in overall height of ten feet, with a four foot
by eight food map board attached to the upper half. The Parks and Recreation
Commission is recommending that City Council approve placing the sign in Storey Park
in conjunction with the Initial Point sign. And that the supporting documentation for the
sign is attached to the item, so you could see what the sign looks like. So, with that I
would certainly entertain any questions about this particular proposal.
De Weerd: Mr. Strong, do you have a copy of that sign that you can display on the
overhead? I believe we also received a letter from the Chamber of Commerce. Is that
correct, Mr. Berg? Can we get it on the overhead so members of the public can --
Donnell: Do you know how to work the overhead? I wouldn't know how to work it.
De Weerd: Anna does.
Strong: What's being shown on the screen is a typical Highway Scenic Byway Highway
Department sign. Once it comes into focus.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Doug, where in Meridian is that scenic byway?
Strong: The Scenic Byway starts at Interstate 84 and, then, goes to Kuna and down to
the Snake River.
Bird: It starts on Meridian Road there at the overpass or starting at Overland and going
down?
Strong: I certainly don't know the exact beginning of the Byway, but it shows the
intersection on Interstate 84 and, then, where it heads south on Meridian-Kuna Road
toward the river.
Bird: It doesn't go through Store Park or anything like that?
Meridian City Council
July 26. 2005
Page 8 of 72
Strong: No. They are just looking for a location for people that would be interested in
traveling on the scenic byway, that they could get information about how to get on the
byway and get down to the river. I mean I don't have no problem with putting it in
Storey Park, but is that -- I mean how many people are going to see it?
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: Councilman Bird, the discussion at the parks commission meeting was that
since that's also the visitor's center for Meridian, that many people might see that as
they stopped and asked for other kinds of information.
Bird: Well, I tell you that went over my head. I forgot about that deal.
Strong: Madam Mayor, Members of the Council, actually, Mr. Garsvo, who made the
presentation, indicated that not including Meridian on this byways map was a bit of an
oversight. But the signs have already been produced. So, it would be difficult to go
back and include Meridian per se on the signs, as I recall.
Bird: I think Councilwoman Donnell just cleared it up for me.
De Weerd: Okay.
recommendation?
Are there any further questions?
Okay.
Do we have a
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
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Donnell: I'd like to make a recommendation that we allow the placement of the Western
Heritage Historical Byway Sign in Storey Park, with the Parks Director's direction -- oh,
that was good. In terms of where it's going to be placed in the park. Okay.
Bird: I second that.
De Weerd: Okay. There is a motion to approve. Mr. Berg, will you, please, call roll on
this item.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
MOTION CARRIED: ALL AYES.
3.
Update on Park Development Projects with Kiwanis,
Meridian Youth Baseball, Adventure Island Playground,
and Police Athletic League by Doug Strong:
Meridian City Council
July 26, 2005
Page 9 of 72
De Weerd: Okay. And last, but not least, Mr. Strong.
Strong: Thank you, Madam Mayor, Members of the Council. The last item is an item
that we discussed two weeks ago regarding park development. Projects to bring parks
that were currently in partnership with different organizations to a level of being greened
up and usable. And as you recall, we have talked about Kiwanis Park and Hero's Park
with the Pal Soccer complexes going and Meridian Youth Baseball on the west side of
Settler's Park. And, then, Adventure Island Playground to get Adventure Island
Playground phase two completed. So, as we went through that discussion we talked
about where these projects are currently and I gave you information about work that had
currently been done as in this slide with Kiwanis Park and the accomplishments that
have been done to date at Kiwanis Park and, of course, they all vary in different stages
of completion. Also showed you money currently in budget and to bring it to a level of
essentially what we are calling Green Up, what we would be looking for that would be
an unfunded difference that would be requesting funds from the park impact fees to
green up these parks.
De Weerd: And, Doug, that is paved parking?
Strong: And what you asked me to do is go back and come up with numbers that would
show paved parking. What I showed -- and, actually, Kiwanis Park was a paved parking
lot. Hero's Park and Meridian Youth Baseball was gravel parking lot. So, without going
through each of these slides again, unless you have questions about them, I went
through and --
De Weerd: No, we don't need you to---
Strong: -- put in numbers for paved parking and changed the last slide, which is a
summary of the numbers, which is I think what you're really interested in. And that
gives you a total based on the most current figures that we have either from engineers
or construction companies for these projects.
Donnell: Great.
De Weerd: Okay. Thank you, Doug. Any questions for Doug at this point? Council?
Rountree: None.
Bird: I have none.
De Weerd: Okay. Do we have direction for the --
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Meridian City Council
July 26, 2005
Page 10 of 72
Donnell: I'd like to make a motion that we authorize the expenditure of the park impact
fee fund to -- not to complete, but to do the work as outlined by the Parks Department.
And to amend the budget to do so.
Bird: Second.
Donnell: And the amount is $1,482,429.
Bird: Second.
De Weerd: Okay. Thank you. Is there any discussion? Hearing none, Mr. Berg, will
you, please, call roll.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
MOTION CARRIED: ALL AYES.
Item 7.
Item 8:
(Items Moved from Consent Agenda)
G.
Findings of Fact and Conclusions of Law for Approval: AZ 05-
017 Request for Annexation and Zoning of 137.96 acres from RUT
to R-8 zone for Messina Meadows Subdivision by Tuscany
Development, Inc. - on South Eagle Road between East Victory
Road and East Amity Road:
H.
Findings of Fact and Conclusions of Law for Approval: PP 05-
019 Request for Preliminary Plat approval of 491 building lots and
67 other lots on 136.72 acres in a proposed R-8 zone for Messina
Meadows Subdivision by Tuscany Development, Inc. - on South
Eagle Road between East Victory Road and East Amity Road:
I.
Findings of Fact and Conclusions of Law for Approval: CUP
05-026 Request for a Conditional Use Permit for a Planned
Development for single-family detached residential building units
and single-family attached patio homes in a proposed R-8 zone for
Messina Meadows Subdivision by Tuscany Development, Inc. -
on South Eagle Road between East Victory Road and East Amity
Road:
Reauest for Reconsideration from Parks Commission reaardina
Messina Meadows Subdivision:
De Weerd: Thank you, Council. The items moved from the Consent Agenda were
moved to Item 8. They are G, H and I. Item 8 is a request for reconsideration. Anna
or Bill. Mr. Nary.
Meridian City Council
July 26, 2005
Page 11 of 72
Nary: Madam Mayor, Members of the Council, you have a letter above that directed by
the Parks Commission to be sent to you in regard to the issue that you had placed
before them on whether or not the property that was being proposed for a park site in
Messina Meadows would be public space -- a public park or a private homeowners
park. In there they have asked you to reconsider the whole project. And, essentially,
remanded back to Planning and Zoning and they would like the opportunity to consider
that as a public park. That wasn't in the original motion by this Council. You certainly
have the ability to do that. The record, though, doesn't really reflect that that was the
intent of the Council in sending it to the Parks Commission. And in this letter they do
also indicate that they recognize that it wasn't what your original intent was, but that was
simply a desire of the Parks Commission. And that if you didn't wish to remand the
matter or reconsider it or remand the matter, then, you would not consider this for public
open space and that this would be a private homeowners park. You may also want to
consider and Councilmember Donnell would probably be the better one for that and
whether or not you want to direct staff, Parks Department, legal department, Planning
and Zoning, to coordinate on process to have these projects brought to the parks
commission or the front and of the discussion when the opportunity to actually design
the park around the residential lots that they want to build could actually be done at a
more economical and timely manner. So, if you wanted to do that as additional --
additional tasks coming from this discussion, you certainly can do that as well. But
that's really what's in front of you, is simply a request for reconsideration. You can do
that if you wish or you may take the alternative that's proposed as well.
De Weerd: Okay. Mr. Wardle.
Wardle: Madam Mayor, I believe I made that motion. My recollection of that motion
was that -- and the acceptance was that Council agreed with the subdivision and the
layout of the subdivision and all the things that it brought as amenities to the city. I did
leave as I understand an opportunity for the city to, if they would like to, to take that park
over as a public park. It did not obligate the city to do so. My preference at this time,
first off, on this particular application, would be to approve the Findings as the motion
was made. If the developer would like to reconsider where that park would be and meet
with the staff then and, then, ask for reconsideration certainly at their request, I believe it
would be fair. However, I believe that this Council approved that application on its
merit. Incidentally, I do agree that if we could have some sort of process on the front
end to allow the Parks Commission to see these applications beforehand and try to
formalize what that would look like, I would be in favor of such a procedure.
De Weerd: Okay. Anything further?
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Meridian City Council
July 26, 2005
Page 12 of 72
Nary: Just for clarification, Madam Mayor, Council member Wardle, and that is the way
the Findings are reflected. That it was simply a decision of public versus private space.
And that was your motion. So, you certainly can approve the Findings as written. And
the decision is you can certainly -- may want to put that on the record as well. If your
decision is to accept the recommendation from the Parks Commission, you could
certainly do that here and that would be part of the staff's consideration when the final
plat were to be brought forward.
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: Having been in on the discussion at the Parks Commission, as well as the
long discussion that we had on Messina Meadows last time, the issue -- I mean there
were several. It's more than just whether it's public or a neighborhood park, private
homeowners park, but the whole issue about how those parks are viewed when they
are embedded in a subdivision. And, then, as you read the letter, there is other issues
that the Commission has with the fact that we approved it the way it is. So, let me see if
I can understand, Mr. Nary, what you were saying. And that is that we can approve the
recommendation as it is, which does accept the park as a public park. Accept the land
as a public park. Did I understand that correctly? No?
Mr. Nary: No.
Donnell: Okay.
Nary: Madam Mayor, Councilmember Donnell, what the Findings said was prior to the
final plat a decision has to be made on whether it be public space or private space.
Donnell: Thank you. That was the motion that--
Nary: Yes. And that's what the finding was.
Donnell: Is that what you said, Shaun?
Wardle: That's what I said.
Donnell: Okay. Okay. That was my comment.
De Weerd: Okay. Anything further by Council? Then I would need a motion.
Bird: Madam Mayor, what would you need, a motion to approve 8 G, H and I, would
you not? No.8? I mean the recommendation?
De Weerd: If you don't want to consider the request I certainly need a motion, too.
Meridian City Council
July 26, 2005
Page 13 of 72
Bird: Well, I wasn't here and I didn't vote on it, so I can't make a motion.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I would make the motion that we approve Item 8 G, H and I, with the Findings.
Donnell: And I will second that.
De Weerd: Okay. There is a motion to approve G, H and I from the Consent Agenda.
Is there any further discussion? If not --
Rountree: Madam Mayor, just before --
De Weerd: Mr. Rountree.
Rountree: -- I vote, I wanted to make sure that what I heard is what I heard. And the
Findings do not commit the City of Meridian to make a public space that will be a private
space until the final plat is --
Bird: Is designed. Yeah.
Rountree: Is designed and, then, there is an opportunity for the city to either agree or
disagree further.
Wardle: And, Mr. Rountree, I believe the Findings, as I understand from the motion, are
to allow the city the option at their will to do that and before the final plat to make that
determination. Does that make sense? And, Mr. Nary; is that correct?
Nary: Madam Mayor?
De Weerd: Yes.
Nary: Maybe this will clear it up. What the Findings say is Lot 21, Block 1, of the
proposed Messina Meadows Subdivision, dated March 14, 2005, is shown as a city
park. Prior to submitting a final plat, the applicant shall bring the proposal before the
Meridian City Park Commission for a recommendation to the Meridian City Council to
ultimately approve of Lot 21, Block 1, becoming a public park or if it is to remain as an
open space common lot maintained by the homeowners association. So, they have
done that, they have brought that forward with that recommendation. You can certainly
direct staff, if you wish to accept that recommendation that it not be a public park, which
is what is in front of you in the letter for reconsideration, you could certainly direct staff
to receive the recommendation it would not be a public park and you won't accept that
and, then, no one will question what your intention was.
Meridian City Council
July 26, 2005
Page 14 of 72
De Weerd: Okay.
Bird: I agree with the attorney.
Wardle: And that was the intent of the maker of the motion. Does the second --
Donnell: Second agrees.
De Weerd: Okay. Mr. Berg, will you call roll.
Roll-Call: Bird, aye; Rountree, aye; Wardle, no; Donnell, aye.
De Weerd: I will vote aye. You have already voted on this. So--
Bird: Well, are you agreeing to that letter, then?
De Weerd: No. They just approved --
Bird: I know. They didn't agree to it. So, it's got to come back; right?
Nary: No.
De Weerd: No.
Donnell: It just has to go to the Parks Commission.
Nary: Madam Mayor, Members of the Council, what the letter said was they would like
you to reconsider it. If you don't want to reconsider it, their recommendation was that it
not be a public park.
Donnell: Right.
Nary: We were voting on the Findings.
De Weerd: We were voting on the Findings.
Nary: Yes. I understand. And the Findings say your decision is to let it -- to have a
recommendation be made by the Parks Commission. So, if you want to accept that
recommendation you can certainly put that on the record if you want.
De Weerd: And that's what he said was--
Nary: Yes.
De Weerd: -- was the intent of this motion.
Meridian City Council
July 26, 2005
Page 15 of 72
Nary: Right.
Bird: That wasn't what his motion said. His motion accepted the Findings of Fact as
stated.
De Weerd: With the --
Bird: Not -- he didn't say anything about with.
De Weerd: Yes, you did. He corrected that after Mr. Nary noted that and he said that
was included in his motion.
Bird: Okay. I misunderstood.
De Weerd: And the second agreed, so--
Bird: Okay.
De Weerd: So, that motion carries.
MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE.
Item 9:
FP 05-043 Request for Final Plat approval for 241 single family residential
building lots and 11 common area lots on 72.53 acres in a R-4 zone for
Saguaro Canyon Subdivision No.3 by Farwest, LLC - east of North
Meridian Road and north of East McMillan Road:
Item 1 0:
FP 05-044 Request for Final Plat approval for 21 single family residential
building lots on 6.22 acres in a R-4 zone for Saauaro Canyon
Subdivision No.4 by Farwest, LLC - east of North Meridian Road and
north of East McMillan Road:
Item 11:
FP 05-045 Request for Final Plat approval for 36 single family residential
building lots and 5 common area lots on 6.26 acres in a R-8 zone for
Lyndhurst Grove Subdivision by Land Pro Development, LLC - east of
North Ten Mile Road on the north side of West Pine Street:
De Weerd: Okay. We are moving forward. The bus is pulling out. Okay. Item 9 is FP
05-043. I will -- and, actually, we have letters on Items 9, 10, and 11. Do you have
agreement on 12 from --
Canning: Yes. It's a request for time extension, so there is no condition.
De Weerd: I will go ahead and consider a motion on Items 9, 10, and 11 of the staff
comments that have been agreed to by the individual applicant, so --
Meridian City Council
July 26, 2005
Page 16 of 72
Wardle: So moved.
De Weerd: Thank you. Is there a second?
Bird: Second.
De Weerd: Okay. The motion is to approve Items 9, 10, and 11. Mr. Berg, will you call
roll.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
MOTION CARRIED: ALL AYES.
Item 12:
TE 05-007 Request for a One Year Time Extension for CUP 03-048 for
Buich Subdivision (aka Cherry Lane Office Park Subdivision) by
Pinnacle Engineers, Inc. - 2150 Cherry Lane:
De Weerd: Okay. Item 12 is a request for an extension. Mrs. Canning.
Canning: I'm sorry, Madam Mayor. I meant to try and tell you that this could have been
included in the last motion. It's just a request for a time extension and staff has no
objection. So, there is no conditions of approval for the applicant to comply with, other
than the original one.
De Weerd: Did they have a reason?
Canning: You know, ma'am, they didn't give me this file today. If you give me a
moment I can look it up. I think I do have something. I wasn't prepared for you to ask
that question tonight.
De Weerd: And there is a reason?
Canning: There we go. Sorry about that. This is -- although it's called Butte
Subdivision, it's the Cherry Lane Office Park, and the original approval was for a nursing
home facility for up to 40 patients and five office pads. The -- it was approved February
10th. And the 18 months is soon over. The applicant states that the reason for the
delay in commencing construction is that the site layout was modified in that a lot was
removed in order to make the project more marketable, which required revision of the
improvement plans. For this reason they are unable to meet the time requirements.
De Weerd: Okay. Council, any questions?
Rountree: I have none.
Bird: None.
Meridian City Council
July 26. 2005
Page 17 of72
De Weerd: Okay.
Canning: I would like to comment that the site does work much better with the removed
lot.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no discussion, I move that we approve TE 05-007, a one-year time
extension to July -- or August 1 st, 2006.
Rountree: Second.
De Weerd: Okay. The motion is to approve. Mr. Berg, roll call.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
MOTION CARRIED: ALL AYES.
Item 13:
Public Hearing: PFP 05-003 Request for Preliminary Final Plat approval
for 2 building lots on 1.84 acres in a I-L zone for Marce Subdivision by
James Wylie - southwest corner of Fairview Avenue and North Eagle
Road:
De Weerd: Okay. Thank you. Item 13 is a Public Hearing. I will go ahead and open
the Public Hearing on PFP 05-003 and start with staff comments.
Canning: Madam Mayor, Members of the Council, this is called Marce Subdivision. It's,
actually, just a re-subdivision of portions of the lot in the existing Krispy Kreme
Subdivision. It's been reconfigured -- the lots have been reconfigured a number of ways
and staff felt it was best that they just come in with a new plat, rather than trying to do
reduction in plating requirements. This is a combined preliminary and final plat. It's just
a two-lot plat. Basically, one and two. It's a very straight-forward two lot subdivision.
The Planning and Zoning Commission recommended approval at their June 16th
hearing. There was no key issues of discussion and to our knowledge there are no
outstanding issues before Council. I do believe we have a couple certificate of zoning
compliances that were waiting for this to get approved, so we can issue them. So, with
that I will answer any questions you may have.
De Weerd: Council, do you have any questions?
Rountree: I have none.
Bird: I have none, Mayor.
Meridian City Council
July 26, 2005
Page 18 of 72
De Weerd: This is a Public Hearing. Is the applicant here this evening? If you will,
please, state your name and address.
Wiley: Madam Mayor, Members of the Council, my name is James Wiley, 1676 North
Clarendon, Eagle, Idaho. And we agree with all the facts and findings in this subdivision
and ask for your approval and I'm here to answer any questions that you -- if you have
any.
De Weerd: Okay. Council, any questions for the applicant?
Bird: I have none.
Rountree: I have none.
De Weerd: Okay. Thank you so much. Is there anyone who would like to provide
testimony on this application? Seeing none --
Rountree: Madam Mayor, seeing no additional --
De Weerd: Mr. Rountree.
Rountree: -- testimony, I move that we close the Public Hearing for Item No. 13.
Bird: Second.
De Weerd: Okay. Motion to close on item 13. All those in favor say aye. All ayes.
Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Any discussion?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No. 13, PFP 05-003.
Donnell: Second.
De Weerd: Okay. Motion to approve Item 13. Is there any discussion? Mr. Berg, will
you call roll.
Berg: Are there findings prepared?
De Weerd: Are there findings on this item, Mr. Nary?
Meridian City Council
July 26, 2005
Page 19 of 72
Bird: Yes.
Rountree: Yes.
De Weerd: Okay.
Berg: So, I assume that includes Findings. Thank you.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
MOTION CARRIED: ALL AYES.
Item 14:
Public Hearing: PFP 05-002 Request for Preliminary / Final Plat
approval for three building lots on 5.93 acres for Monica Subdivision by
B2 Investments, LLC - north of West Franklin Road and west of North
Linder Road:
De Weerd: Okay. Item 14 is Public Hearing PFP 05-002. I will open the Public Hearing
with staff comments
Canning: Madam Mayor, Members of the Council, before I discuss this item, I have to
explain that this was originally submitted by B&A Engineers, but they have released this
project to Skinner Land Surveying. So, I no longer have a conflict of interest. This is
Monica Subdivision. It is located on north of Franklin Road and west of Linder. It's
close -- it's south of the railroad tracks as you see there. It is a combined preliminary
and final plat. They are proposing three building lots on 5.93 acres. This is Lot 1 and,
then, 2 and 3. The lots range in size from .4 to 2.72 acres. It will accommodate three
commercial sites. P&Z has recommended approval with conditions. The key issue -- or
the discussion of the Planning and Zoning Commission was the ACHD requirement to
move the proposed driveway 30 feet north. And to our knowledge there are no
outstanding issues before Council. Another straightforward -- this is an industrial
subdivision. There have been a number of parcels split in this area that mayor may
not be legal and this just cleans up the rest of them, so it's a good clean up plat.
De Weerd: Anna, does that road continue west?
Canning: I don't believe so.
De Weerd: Is it a private road?
Canning: I think we actually approved this as a private road. And maybe the applicant
can answer that more. I believe there is a property at the end that takes access from it,
but I think it ends here, but the property does take access from it. And that would be
that property right there, I think.
Meridian City Council
July 26, 2005
Page 20 of 72
De Weerd: Now, you mentioned -~
Canning: Oops. No.
De Weerd: There was commercial -- that's industrial, isn't it?
Canning: Yeah. I just mean commercial as in not residential. As a business. It's
industrially zoned. I'm sorry.
De Weerd: Okay. Thank you. Any questions for staff?
Bird: I have none.
De Weerd: Is the applicant here this evening? If you will, please, state your name and
address.
Jones: Sure, Chad Jones. 2250 Grassy Branch, Meridian. I'm representing the
applicant Skinner Land Survey. And I guess to answer your question as far as the road,
that is a non-continuous private road. It's only meant to service the storage and parking
area along the west side of the parcel. The parcel to the west is accessed off of
Franklin. It's non-continuous. I believe it's -- this parcel is not -- is non-developed and
they are not planning on developing anytime soon. This is our parcel right here. I
believe we--
De Weerd: Okay. Anna. I'm sorry, sir. On that piece that's, then, behind it, they have
an easement down to Franklin. Is that going to be -- have a traffic light there? Do you
know is that where the bus garage comes out?
Jones: I don't remember. The bus garage comes out -- I thought the bus garage
came out right about in here.
Bird: That little triangle is the bus property, isn't it?
Jones: I thought the bus garage was right here.
Bird: Yeah.
De Weerd: No. It's behind.
Bird: Is it over?
Rountree: It's in the triangle piece.
Bird: In the triangular.
Jones: This one?
Meridian City Council
July 26, 2005
Page 21 of 72
Rountree: No.
Bird: No. The one right there.
Rountree: North.
:.
'I
Bird: North.
Rountree: North and west.
Bird: That right there.
Canning: Madam Mayor, Members of the Council, I have not ever heard a light
discussed for the bus facility. I think -- I haven't heard of one discussed. That's all I
can say at this point. I can do some more research if you want me to. I'm not terribly
familiar with this area, I have to admit.
De Weerd:
properties.
I guess I just remembered some access to the Linder in those back
Jones: There was a cross-access agreement once they got between -- or over these
parcels accessing this westerly line. I don't recall that going anywhere. I'm not sure
there was --
Donnell: Where is the railroad tracks?
De Weerd: It's just to the north of those parcels.
Donnell: The bus garage is back towards the railroad tracks. It's not that.
Bird: Christine, which was the bus? Isn't it over there on the --
Donnell: Shoot. I think --
De Weerd: It's that one. Right there.
Bird: And didn't you guys buy it out all to Franklin there?
Donnell: Yes. All the way out and --
De Weerd: SSC.
Donnell: And this is the road that goes down.
Bird: Yeah. Okay.
Meridian City Council
July 26, 2005
Page 22 of 72
Donnell: So -- and I had never heard of any discussion of having a light there either.
Even when we were building it.
Canning: Madam Mayor, Members of the Council, we have discussed a separate
access with the school district, so that the right out turns could flow freely and, then, the
left out turns could stack at the existing driveway location, but I haven't ever discussed a
light with the school district at that location.
De Weerd: Okay. Well, sorry I even mentioned it. I guess my whole point is I vaguely
remember an access from Linder to that back property. If that back property is going to
gain an easement on that road from the bus garage, I thought in discussions about that
one piece of property they had to have access out to Linder as well.
Bird: No. Remember, we come off of Franklin there and went up the east side of
Interstate Batteries with an easement to that back property.
Donnell: Okay.
De Weerd: So, they are not land locked.
Bird: No. They are not land locked.
Canning: And, Madam Mayor, Members of the Council, I'm looking through the ACHD
report. They do not discuss that. And they are -- we know that is something they
consider. I think Mr. Bird was right in that that subdivision that went on just with or
beside the school district's property did include an easement going north.
Rountree: Gary's shaking his head.
Canning: Let's see. B&A did that. Chad, do you remember? It does? It goes north?
Okay.
De Weerd: Mr. ACHD is nodding.
Donnell: Moving right along.
De Weerd: Okay. Thank you, sir. Is there any public testimony on this application?
Okay. Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing none, I move that we close Item 14, Public Hearing.
Meridian City Council
July 26, 2005
Page 23 of 72
Rountree: Second.
De Weerd: Okay. Motion to close the Public Hearing. All those in favor say aye. All
ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve PFP 05-002 and include the Findings of Facts and
Conclusions of Law.
Rountree: Second.
De Weerd: Okay. Motion to approve Item 14. If there is no further discussion, Mr.
Berg.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
MOTION CARRIED: ALL AYES.
Item 15:
Public Hearing: VAR 05-011 Request for a Variance to allow a second
free-standing monument sign on the same street frontage for KinQ
Electric Sians for King Electric Signs - 2200 South Cobalt Pointe Way:
De Weerd: Okay. Item 15 is a Public Hearing on VAR 05-011. I will open the Public
Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, this is a variance request on the --
the agenda states that it's to allow a second freestanding monument sign on the same
street frontage for which would be -- that was the applicant's initial request. Staff's initial
staff report, which you may have received, was for denial of that second monument
request. Staff was unable to make the findings in order to recommend approval to you
all. After working with the applicant, staff has modified the variance request to allow a
larger size sign for a directional sign for city -- the City Corporation area or campus.
Staff was able to make the findings for this variance. I'm having technical difficulties.
There we go. I think my -- either all my batteries are going today or something. I'm not
sure what's going on. This is a portion of the City Corporation campus. It's a much
larger site. As you know, the existing monument sign is here. This would be the
proposed location for the directional sign. The directional sign does look like this. It
would be larger than the allowed four square feet. The reason staff was able to make
the findings for recommending approval for the variance were basically that this is an
unusual site and that it is a single tenet site. It's our largest just single tenant site in
Meridian. And also it's a very large structure. So, you know, this same size directional
Meridian City Council
July 26, 2005
Page 24 of 72
sign that we would see on a 3,000 square foot fast food restaurant just didn't seem
appropriate for the large structure that is City Corporation at this point. So, staff has
recommended that you approve this variance. To our knowledge there are no other
outstanding issues before Council.
De Weerd: Okay. Any questions for staff?
Bird: I have none.
Rountree: I have none.
De Weerd: Is the applicant here tonight? If you will, please, state your name and
address.
Harold: Ron Harold. King Electric Signs. 103 7th Avenue South in Nampa, Idaho.
De Weerd: Thank you.
Harold: I would just ask that the Council take staff's recommendations. And I'm just
here to answer any questions they you may have.
De Weerd: Okay. Thank you. Any questions for the applicant?
Donnell: Huh-uh.
Bird: I have none.
De Weerd: Thank you. Okay. Is there anyone who would like to provide testimony on
this application? Hearing none? I have to ask. Sorry. Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close Public Hearing No. 15.
Wardle: Second.
De Weerd: Okay. Motion to close the Public Hearing on Item 15. All those in favor
say aye. All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion? Do I have discussion?
Bird: Mr. Mayor -- or ma'am.
Meridian City Council
July 26, 2005
Page 25 of 72
De Weerd: Mr. Mayor. Okay. Mr. Bird?
Bird: It isn't even late yet. Madam Bird.
De Weerd: Madam Mayor.
Bird: Madam Mayor, I move that we approve V AR 05-011 with staff comments.
Donnell: Second.
De Weerd: Okay. Motion to approve Item 15. Mr. Berg, will you call roll.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
MOTION CARRIED: ALL AYES.
Item 16:
Item 17:
Item 18:
Public Hearing: AZ 05-016 Request for Annexation and Zoning of 28.65
acres from RUT to R-15 and L-O zones for Silver Oaks Subdivision by
Charter Builders, Inc. - north of West Franklin Road and west of North
Ten Mile Road:
Public Hearing: CUP 05-024 Request for a Conditional Use Permit for a
Planned Development for multi-family / clubhouse / office / daycare
development with no minimum street frontage and multiple buildings on a
single lot on 28.65 acres in proposed R-15 and L-O zones for Silver Oaks
Subdivision by Charter Builders, Inc. - north of West Franklin Road and
west of North Ten Mile Road:
Public Hearing: PP 05-023 Request for Preliminary Plat approval for 1
multi-family residential building lot and 1 commercial office lot on 28.6
acres in proposed R-15 & L-O zones for Silver Oaks Subdivision by
Conger Management Group - west of Ten Mile Road and north of West
Franklin Road:
De Weerd: Thank you. Item 16 is Public Hearing AZ 05-016. I will open this Public
Hearing with staff comments.
Canning: Madam Mayor, did you want to also open the Public Hearing for --
De Weerd: I sure do. On Items 17 and 18, PP 05-024 and CUP 05-023. I had it on my
other agenda. I'm sorry. The male part of me forgot.
(End of side one. Tape one.)
Bird: No.
Meridian City Council
July 26, 2005
Page 26 of 72
Rountree: We have that on record now.
Canning: It's going to be a long night, isn't it? Madam Mayor, Members of the Council,
this is Silver Oaks project. It's located on the north side of Franklin Road and, then,
west of Ten Mile. You will see another application tonight that will be just immediately
to the east. So, that will take us out to Ten Mile. It has very limited frontage on Franklin
Road as you see. The request that is before you is for annexation and zoning,
conditional use, and for a planned development and preliminary plat approval. The
annexation and zoning is for 28.65 acres to R-15 and L-O and the R-15 would be
generally in this northern -- there is a little public street here toward the south end of the
property. The L-O would be in the southern portion. The R-15 would be the northern
portion. This little inset goes right there. For the Conditional Use Permit is a request to
allow 77 multi-family structures. So, that's a total of 308 individual units or dwelling
units. The amenities for the multi-family units include a clubhouse and a pool, a court
area and a fitness center and the landscape plan as we go through there is a little
better, you can see the portion of the land, the court area, and the clubhouse. There is
a fair amount of open space on the property. The road curves around rather than
intersecting at right angles, so it creates a nice flowing pattern for the open space. It's a
little hard to tell, because I had to break it up to get it in the slides. But you can see it
there. I will go with the front one a little bit. The road pattern comes like this, loops
around, comes back around this way, and, then, down and connects with the public
street. And there is a little one that goes through here, too. So, the lighter areas are all
the open space areas. There is also a proposed pathway system through the park and
you can see that connected in various spots. On the remainder of the site, the applicant
is proposing five nonresidential uses. One would be for a day care and, then, four.
There is the day care and, then, four other buildings. The applicant at this time has
requested that all four of these buildings be allowed on a single lot. All the multi-family
is one lot and all the office or nonresidential is on another lot. So, it's only a two-lot
subdivision. They have indicated that their intent is to come back through with
condominium plats for individual ownership, rather than a lotted plat. And, then, the
planned development was needed for the frontage requirements for the L-O buildings
and as well as for the multi-family. The gross residential density of that portion above
the public street is 12.62 units per acre. This is designated as high density residential
on the Comprehensive Plan, so it is within that designation. The proposed square
footage for the nonresidential uses is 15,080. And, then, again, the number of
commercial buildings -- and commercial being not single family residential, those used
for commerce, I suppose, is the four office, the one day care, and, then, the 77
structures. Just to note that there is a revised preliminary plat and site plan of June
22nd, '05. And I do have some elevations. These are the multi-family units on the top
and, then, the two story structures of the multi-family and the single story structures of
the office. This is the plat. How exciting is that. Sorry. This is the one and two lots
there. Okay. The Planning and Zoning Commission has recommended approval with
conditions and that was at their June 16th, 2005, hearing. There was quite a bit of
discussion. So, I have got quite a bit to read to you now. Most of this was in your
summary sheet, so I will go over it briefly. But the discussion was there was discussion
1
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Meridian City Council
July 26, 2005
Page 27 of 72
on whether there should be a private street or a public street. They have changed that
to a public street and submitted a revised plan. They also discussed the vehicular
circulation with the day care. There is the day care. And cross-access from the church
site and the storage site to the private road system. Go to the overall one. Right now
the public road comes up to about here and, then, heads west. Another private road
continues up and connects with the south end of the storage property. This is the
storage property. So, it does provide an access to the rear portion of that storage
property. And there is a cross-access provision with the church, which is later on in the
agenda, but that's the property to the east. There was also discussion about the
addressing of the units. As well as parking and landscaping and whether they would be
leased or whether they would be a condominium plat. And, then, also pedestrian
accessibility from the common area to the multi-family units. The overall traffic
circulation for the mid block on Franklin Road and, then, the Kennedy Lateral status and
feasibility of bridging the public road to the west. And that's where that public street
comes in. Here it is. This is the whole -- the landscaping plan doesn't reflect the public
street now, so I had better go up. Where this public street comes through it does stub.
I did want to point out that ACHD did not make it a condition of approval, but there is a
specific note to the city, and they state that the applicant, if the city wants them to make
this a public street, which the Planning and Zoning Commission did, then, this -- then,
the applicant should construct a stub to the Kennedy Lateral and should road trust for
one half the cost of the bridge to cross the lateral. And staff does recommend that the
City Council make this a condition of approval, because it's not listed as a condition right
now in ACHD, it's just a note to the city. The Commission did make several minor
changes to the staff report regarding unnecessary conditions. A lot of them are related
to revising the site plan. And, then, clarification of landscaping. Also Public Works
asked for clarification on the development agreement conditions that the applicant
agreed to pay for all sewer, main line extensions to the property, in addition to serve
extensions on the property. And that because there is not sewer to the site currently,
there is sewer to the north that is expected and I believe is expected to come down Ten
Mile as well. And I will let Len answer those questions if you need some answers. We
did receive a new layout with the public street, the one that is on before you tonight.
And the revised layout also addressed the fire department concerns for accessing the
building in the northwest corner of the site right at this little tinny one. The roads do
converge up there and they improved the access. So, again, the major outstanding
issue before Council is that one that I noted about road trusting for half the bridge.
Otherwise, I think staff and the applicant and the Planning and Zoning Commission
were able to come up with conditions of approval that addressed almost everyone's
concerns. And I will answer any questions you may have.
De Weerd: Any questions for staff?
Bird: I have none, Mayor.
De Weerd: Any comments from the fire department or police department? No?
Meridian City Council
July 26, 2005
Page 28 of 72
Canning: Madam Mayor, I would add. I think if you had an opportunity to read the staff
report or the memo that I did for the Unified Development Code at all, I think this is likely
to be one of those developments where the fire department would take -- make use of
that ability for them to require a private street on existing developments for the purpose
of addressing. I think this is exactly the kind of situation where they would like to have
some sort of private street naming ability, so that they can locate these units more
effectively.
t
De Weerd: The fire department is concurring with that statement. Okay. Anything
further? Is the applicant here? Please state your name and address.
McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon. 735
South Crosstimber. If I have learned anything addressing you guys in the last few years
is that keep it short and sweet. We have read the staff report and we are in agreement
with it. All the comments that Anna just made we are in agreement with those and we
are more than happy to add that condition of approval stating that we would trust for half
of the bridge across the Kennedy Lateral and provided a revised site plan that shows
that we would bring the public street right to that point and stub out. And the final
comment that Councilman Rountree agreed to with the fire department with consensus
among, for the private street and adding some naming there so you can address it more
correctly. We have no problem with that. And we are in agreement with that. And we
would ask for your support and your approval tonight.
De Weerd: Wow. That's new. A question for you?
McKinnon: Okay.
De Weerd: This is prime railroad property with railroad in the back. And certainly I
know this conforms to our Comp Plan, but as you know being city staff before, comp
plans, there are reasons to change them. And they are not changed in a very timely
form. We have a prime freight corridor with that railroad. And I guess my question to
you would be, I understand the mixed use and that sort of thing and that the city is
starting to shift it's thinking about having residential up against the rail corridor. Why
did you make that whole piece -- well, most -- the large majority of that piece all
residential?
McKinnon: Madam Mayor, Members of the Council, you make some great comments
there. You have your Comp Plan and sometimes it's easier to not fight against the
Comp Plan and just to go straight with that. The Comp Plan shows this entire area as
multi-family. So, that's the direction we went with this is because the Comprehensive
Plan directs us to do that. There is a large amount of industrial land further to the west
of this project. I'm looking at it on your Comp Plan right now. The large amount of it
further to the west in addition to that on the north side of this project. This is all single
family along the north. And, then, this triangular shaped piece below, this is also shown
as multi-family. Part of the reason the multi-family I believe is located here is we have
the Ten Mile interchange that's happening and we are going to have a large amount of
Meridian City Council
July 26, 2005
Page 29 of 72
service industry at the retail that's going to be generated in this area. It's all in your
Comprehensive Plan. It's either commercial or mixed use regional, which means you're
going to have a lot of service, industrial, retail. People that work in those industries
need to have a place to live. They typically can't afford to live in the single-family rental
units. They are a great location for that. So, rather than having a whole bunch of
people have to drive to this location like they have to do to Wal-Mart and other such, like
St. Luke's, they are providing housing near the service industry. That's another good
reason to have that. Immediately to the west of this, this is all zoned as industrial -- not
zoned by designated as industrial on your comprehensive map, because I think it's
important actually to have this diversity of housing and to have some multi-family
housing, it's affordable housing for those people that could be in the service industry.
De Weerd: Well, I'm not disagreeing that a mixture is good, but that is, again, prime
railroad property and that freight is an important ingredient to the business community.
Council just approved a budget request for next year to study this area and see how it
connects and what works best for it. And I admit since the Comprehensive Plan was
adopted, Councilman Bird and I have had the opportunity to travel that rail corridor with
Idaho Northern, who is the leaseholder to that corridor, and it is an important ingredient
to the health and vitality of our city. And this is one area that does need to be visited.
Another component of riding that rail corridor was seeing residential backed clear up to
that -- that rail corridor. I might say that some of the decisions we made to put
residential up there seem -- especially when we saw what happened along there and
the burning of the fence was quite compelling, gave reason to think, yeah, maybe this
isn't the best place for residential up so close. Now, should it be connected because of
a future public transportation? Yeah. It should. But should it be a butted to the rail
corridor, I think this Council needs to reconsider that and that's what we hope to
accomplish in that Ten Mile area plan. That we will be doing this spring or next fall or
whenever it's going to happen. So, I guess that is what our Comprehensive Plan
showed that those are living documents and they do change. And, unfortunately, when
you grow as fast as we have grown, those changes don't change as quickly as they
probably should or could. And that's my statement along with the question of why you
put residential up against rail corridors. So, Council, do you have any questions for
Dave?
Bird: I have none.
Rountree: I have none.
De Weerd: No questions.
McKinnon: Okay.
De Weerd: Thank you.
McKinon: Thank you.
Meridian City Council
July 26, 2005
Page 30 of 72
De Weerd: Is there further testimony on this application? Okay. If there is no further
testimony on this application, do you have any final comment? Okay. Council, do you
have any final questions?
Bird: I have none.
Donnell: I do.
De Weerd: Okay. Mrs. Donnell.
Donnell: Madam Mayor, I do. Dave, so you really think you can rent those back there
with the railroad going through?
McKinnon: Sure.
Donnell: Sure?
McKinnon: Sure. We wouldn't do it otherwise.
Donnell: And considering the fact that I have a 90-year-old mother-in-law who lives on
the other side of the ra.ilroad tracks in a big apartment complex, they haven't had any
problem renting it either. I'm not quite sure, Mayor, what your concerns are about.
Were you talking about fire or something going to -- did I fall asleep there for a second
or something?
De Weerd: There was a fire. We were traveling on the rail corridor and there was some
kids being very creative burning the fence.
Donnell: Oh, I remember that. Which is not unlike when I was traveling along Chinden
Boulevard and saw a fire in -- a bush set on fire by the apartments that are right there at
-- before you head up the hill toward HP. Kids had set that on fire as well. And it just
about took the building down. So, I mean there is going to be those kinds of issues
wherever there happens to be kids. So, I'm not quite sure what we are trying to protect
there, unless we think that those are going to end up being not very well taken care of,
not well maintained, that no one will rent them back there because the train goes by and
keeps them awake at night or whatever. I'm not quite sure what we are trying to protect.
So, maybe it's not --
De Weerd: Yeah. That's not a question for Mr. McKinnon.
Donnell: No.
De Weerd: I guess what we are trying to protect is the rail corridor and Anna might tell
you that we get a number of inquiries on economic development. And 80 percent of
those are industrial that want rail access. That rail corridor is quickly being swallowed
up and developed. And we have one opportunity. And you -- we also found that there
Meridian City Council
July 26, 2005
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is a way that you can transition from that rail corridor, which often is noisy and, yeah,
they choose to move on it, but it doesn't mean because they move next to a source of
noise that they accept that. We have seen that time and time again. I guess the
thought is now is looking at preserving it and giving it an opportunity to not only be a
source for our public transportation, but also a source for moving commerce and making
sure that that corridor is healthy in both regards. And I don't know if a healthy public
transportation corridor means that you have housing backed up against it you certainly
want to contact people to it, but that doesn't mean they have to live on top of it. And so
my point is only that that land is valuable to freight and there is other opportunities to put
apartments and higher density living mixed in with those without giving up some prime
freight land. And, yeah, this does match our Comprehensive Plan. But does that make
it something that -- that shouldn't be considered for another use. No, I don't think so.
Mr. Wardle.
Wardle: Madam Mayor, just a comment to your comments as far as industrial versus
residential. And it appears to me that we are really talking about two separate worlds. I
know that some of the valley initiatives are looking towards a mass transit system
located along the rail corridor certainly a number of years out. But I -- as I recall, one of
the key components to that is having residential within accessible distances for people
to be able to use that system and I know that that was one of the key components to
making that work.
De Weerd: And that's correct, Mr. Wardle. But it doesn't mean they have to be right on
top of it.
Wardle: My second question would be how viable an industrial corridor or where is the
spur located, all of those questions in relation to a light rail system or mass transit
system and those are certainly things that were down the road.
De Weerd: Well, Mr. Wardle, spurs can be added anyplace and that is one of the things
that we did learn along that trip is they can be put in at any point on that rail -- on that
rail line as it is today. And, again, it was a very educational experience going down that
rail corridor and actually experiencing it and seeing it through their eyes on the freight
potential. Now, Idaho Northern has also master planned in the dual use with public
transportation. And. yes, you need to have your transit or your depot spots on the rail
corridor, but don't have to have your house upon it. You do need connectivity through
path systems, that they can ride there by bike or inter mobile type of access, but you
don't have to live directly on the rail corridor to do that. And those are lessons learned
since we put together the Comp Plan. Any further questions or--
Bird: I have none.
De Weerd: Any final remarks, Dave?
McKinnon: No. Thanks for your time. Appreciate the comments.
Meridian City Council
July 26, 2005
Page 32 of 72
De Weerd: Thank you. Okay. Council?
Rountree: Hearing no further testimony, I move that we close the public hearings on
Items 16, 17 and 18.
Bird: Second.
De Weerd: Okay. The motion is to close the public hearings from Items 16 through 18.
All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Any discussion or do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I have a couple comments. And I have said them before. I don't know that
Meridian is in such a situation that we have to hurry into these kinds of things. This
particular concept seems to me fraught with bringing it back more and more times to
Planning and Zoning and Council with a two lot subdivision with 70 some units on it.
That bothers me. We don't have any subdivision lots per se for these units. I can -- we
have had these discussions about subdivisions coming back before wanting to identify
lots. I have heard that there was some additional consideration that that would -- they
would come back and identify lots for condominium sales. I'm not sure that I'm
comfortable annexing under those concepts. And once annexed it's difficult for the city
to -- control is not the word. Direct what does or does not occur there. I'm not
convinced that this concept is the right concept for that piece of future Meridian and
probably would vote against a motion to approve.
De Weerd: Okay. We don't have a motion. Do we have any further discussion? Or
would you consider a motion?
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I don't believe I'm going to make a motion, but I am going to make a statement
and that is while your remarks are well taken and we talk about a fluid Comprehensive
Plan, our Public Works Department, the folks that are doing -- working with the
developers, follow that Comp Plan and I don't know how many times I have said to my
constituents when they have complained about development that if, in fact, it's included
in the Comp Plan, then, that generally is the way things will happen and I guess I have
learned on -- being on the Council that that doesn't necessarily have to be the way it is,
but, then, I think our Public Works Department needs to clearly understand the
Meridian City Council
July 26, 2005
Page 33 of 72
philosophy of the Mayor and the Council, so that they can work with developers, so that
they don't bring requests forward to us when they know that it probably is not going to
be something that we can agree with.
De Weerd: That's our Planning Department, not Public Works.
Donnell: I'm sorry planning. Sorry, wrong department. Our Planning Department. You
heard everything I said right, Anna?
Canning: Yes, ma'am.
Donnell: Okay.
De Weerd: And, Mrs. Donnell, I appreciate those comments and Mrs. Canning was
along that tour and that is the recommendation. One of the reasons she brought the
recommendation to study that area for this next budget year, since there is not sewer
there yet, we didn't realize that we would have these pressures already. So, it just is a
timing issue. So, she was well aware of what the potential is along that corridor, but
nothing was changed, so--
Canning: And, Madam Mayor, Members of the Council, maybe I should have said
something earlier, but in defense of the Comprehensive Plan a little bit, I think at the
time that they were drafting it was when rail use was actually going down quite a bit.
They did change ownerships and since the change in ownership the rail use has
actually gone up. So, when we were planning we were anticipating less freight and
more public and more likely to go as a transit line or -- I'm losing words. It must be
nearing 10:00 o'clock. But since that time the rail use has actually increased and I think
that that's a lot of why you're seeing this -- this needs to update the Comprehensive
Plan to match what's going on these days is mostly that.
Donnell: And, Madam Mayor, and Mrs. Canning then -- and that is expressed to the
developer when they come forward with these plans -- with plans that abut residential
development right along the rail corridor? Do they understand that?
Canning: Madam Mayor, Members of the Council, Councilwoman Donnell, I don't think
that this applicant was -- I've had another site where I have expressed that to the
applicant, because I don't think they have been able to blend their project into the
commercial and industrial uses on their other site. But this is more of an open field and
we didn't -- we didn't discuss that issue when they first came in.
Donnell: My concern -- follow up? -- is -- and I'm not trying to throw a tantrum here, but
is that I hate to see folks waste their time. And you know -- and that's why I think that it
needs to be clearly laid out what will and will not be accepted through Planning and
Zoning and, then, when it gets to the Council. I think it's a lot of time and money wasted
when they come forward with something that isn't going to be accepted. So, that was
my statement.
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Meridian City Council
July 26, 2005
Page 34 of 72
Canning: And, Madam Mayor, Members of the Council, no one's accused me of being
anything except blunt, I believe, when they come in the door. So, I mean we do try -- I
think this one has actually been in the loop longer than it -- than you would think. It's
taken awhile to get to you all. So, I think a lot of those railroad concerns weren't on our
radar at the time that they initially came in for application.
De Weerd: Yes, they were starting to develop, and it is unfortunate. But, again, I only
give you these comments, because we have one chance to do things right and I
appreciate the -- unfortunately, the timing of the master planning and that area is not
conducive to this application. Any further comments? Mr. Wardle, did you have
something?
Wardle: Not at this time.
De Weerd: Okay. Okay. Well, do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we deny annexation and zoning request as identified in Item 16.
Bird: Second.
De Weerd: Okay. I have a motion to deny Item 16.
Berg, roll call attendance.
Is there any discussion? Mr.
Berg: Roll call vote.
De Weerd: I mean -- I'm sorry. Roll call vote.
Rountree: We are still maybe all here.
De Weerd: I don't know.
Bird: I don't know if we are all here. We are present.
Roll-Call: Bird, aye; Rountree, aye; Wardle, nay; Donnell, nay.
De Weerd: And I would vote nay. I mean aye. Sorry.
Rountree: Are you here?
Bird: Are you here?
Meridian City Council
July 26, 2005
Page 35 of 72
De Weerd: No. I'm still waiting for attendance.
Bird: That must be the woman for you.
De Weerd: I am in favor of the motion to deny.
Berg: Motion passes, which denies annexation, which Findings will have to be
prepared such.
Rountree: Findings will have to be prepared to indicate the denial.
MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE.
De Weerd: Mr. Nary, do you --
Nary: Madam Mayor, Members of the Council, yes, I -- we will prepare an order -- an
order to that effect that we will have on your next agenda moving to deny, because it's
not in the best interest of the city with what I perceive from the discussion. And if that's
incorrect, then, you can correct me, but that was what the basis for denial of annexation
and there will be an order corresponding with the other preliminary plat and CUP, since
an annexation was denied.
De Weerd: Is that correct, Mr. Rountree?
Rountree: That's correct.
De Weerd: Mr. Bird?
Bird: Yes.
De Weerd: Okay. So, do we need a motion on items 17 and 18? No? Okay. Item 19
is a Public Hearing AZ 05-023. I will open this Public Hearing with staff comments
Canning: Madam Mayor, Council, don't they have to take action on the other ones? I
don't think they just drop them, usually.
Nary: Madam Mayor, Members of the Council, I guess they are moot for the purpose
of -- there is no point making a motion. The order will reflect all three of the
applications.
Canning: Okay.
Nary: So, we will reflect the final action on all three applications. They don't have to
make a motion or vote on it, since once they haven't annexed, they -- they can't approve
the other two. But the order that we will prepare will reflect all three applications.
Meridian City Council
July 26, 2005
Page 36 of 72
Canning: Okay. Thank you for that clarification. I'm sorry. Just a moment. The next
item the applicant wants me to ask you to clarify. It's certainly what would be
appropriate on the property. If you would like me to continue with the next application I
will.
Rountree: Please.
Canning: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I will give my reasons for the yea vote on the turn down. I think it's just too dense.
The density that we are getting anymore is going overboard I feel. I also feel a lot like
the Mayor does regarding the corridor. But I also believe in property rights, somebody
doing something. But I think -- I don't think we are doing the city a favor of putting that
kind of density in all over. It seems like, David, that we are getting more -- more and
more of that density. I was a real big advocate of getting rid of the R-4 classification
that we had for years and years and years in Meridian, Idaho. I'm not to sure we
shouldn't go back to it for awhile. That's my biggest reason.
Rountree: I have stated my reasons.
De Weerd: Well -- and I know you already heard my little dialogue on that freight
corridor. I guess I'm more curious -- this whole area is going to break open and I would
like to see how it's all going to work together. This is -- this is going to be very intense.
And I -- you know, the interconnectivity, the ditch that you have running along the west
side of it, how that will connect to the neighbors to the west, how it's all going to flow
together. And, you know, the density of that in the middle of a commercial and
industrial area, I guess I would like to see a master plan, so we can make sure that the
connections with the traffic and where you will have to make a road, the circulation of
traffic when you put that kind of high density, where is it going to go. Right now it only
has one point. And so I would like to see a plan. And I guess that's where I was
coming from. And some transitioning from that corridor, so-
Item 19:
Public Hearing: AZ 05-023 Request for Annexation and Zoning of 39.47
acres from RUT to C-N zone for Cherry Lane Christian Church by BRS
Architects - NWC of Ten Mile Road and Franklin Road:
Canning: Madam Mayor, Members of the Council, Item No. 19 is an annexation and
zoning request for the Cherry Lane Christian Church. It's located at the northwest
corner of Ten Mile and Franklin immediately east of the former application. It is an
annexation of 39.4 7 acres with C-N zoning. I just want to go over some of the highlights
of the proposed development agreement. This is the conceptual layout of the site at
this time. Here is Ten Mile Road. And we have a whole lot of parking and, then, the
Meridian City Council
July 26, 2005
Page 37 of 72
church is in the -- basically at the north end of the site. There is a natural feature here
the Ten Mile Drain that divides it. They would be putting a footbridge to connect to
some recreation fields. And I believe there is a caretaker's house. And, then, an
existing city facility that would still maintain access here in the triangular portion. The
DA -- the development agreement conditions associated proposed with this annexation
are that any new structures be generally compatible in appearance in bulk with the
surrounding residential properties as determined by the detailed plan development.
And also that the proposed uses include a private school with childcare, church, and
administrative offices. They wanted to make sure that the applicant informed the
Council of any other uses through the planned development process, if they were to be
asking for those, the detailed planned development, and the applicant agrees to provide
cross-access to the parcels to the west and north prior to issuance of any certificate of
zoning compliance on the property. And that accesses are limited to those approved by
ACHD. I think there is a little bit of confusion about this on the part of the applicant. I
think ACHD has only -- in my understanding is that they have only agreed to the single
point of access here. That all the others would be reviewed after the church submitted
a detailed traffic analysis plan, then, they would consider all the other access points that
have been prepared and there are a significant number of those access points. But at
this time I believe the only one that they are really approving was this one that would be
shared with the Silver Oaks property here to the west. I pointed that out almost more as
a clarification for the applicant than for Council, because I had heard that there was a
misunderstanding on that issue. Sewer is currently not available to this site. We don't
have elevations for the proposed church. The Planning and Zoning Commission has
recommended approval with the development agreement. The key issues of discussion
were the vehicular access and cross-access to Ten Mile Road and Franklin Road,
future uses, and the extent of the project. The cross-access required for emergency
access from the north and the west. And, then, the multi-use pathway along Ten Mile
Creek or Ten Mile Drain. I would ask that if Council is considering approving this
application, that they add a condition to the development agreement. I read you that
one about the detailed planned development. It's a little unclear that we have actually
required that they come in for a detailed planned development before they get approval
for any building on the site. So, we would ask that you add a condition stating that the
applicant shall submit a detailed conditional use application for the site either as the
whole site or for individual uses on that site. Originally, they had talked about doing
some pads out front for commercial development. So, I don't know if they are prepared
to do that with the timing of the church construction. So, this is in the same area of the
previous discussion. So, I will answer any questions you might have.
De Weerd: Council President Wardle, I will turn this meeting over to you. I am a
member of this church and don't --
Wardle: Thank you, Madam Mayor.
Canning: I didn't have anything else, Council President Wardle. You're looking at me
like you want me to tell you something. Sorry.
Meridian City Council
July 26, 2005
Page 38 of 72
Wardle: Would the applicant please come forward? If you will state your name and
address for the record, please.
Woodard: My name is Larry Woodard. I am one of the associate ministers there. My
address is 1701 Almaden in Meridian.
Wardle: Thank you.
Woodard: I just have a few brief comments on our request for annexation and rezoning.
First of all, many of you have visited our current facility on Cherry Lane and we have
been active with your police department and other groups. And we just think that,
eventually, if we get to this point that we will provide another facility that will provide
anymore community accommodations. We have worked closely with your Planning and
Zoning Commission. And we basically are in agreement with the report. We have
agreed to sell a lot up in this corner to the city for a well site. The initial test well has
been drilled. And I see on your agenda tonight that you authorized some more studies
in connection with Well 27 as part of your consent agreement. We have already met
with your city attorney regarding the development agreement that would follow. And we
are prepared to go forward after this meeting. A couple of things we just want to clear
up is on page two of Exhibit C, it talks about landscaping along Meridian and Ustick
Road. And I think that should read Franklin and Ten Mile.
Rountree: That's closer.
Woodard: That's closer. Yeah. And just for the public record our annexation and
agreement is going to be over an extended period of time, because we will build out
there as funds become available. So, we could be adding structures for 10, 20 years or
shorter. Or even longer. And we fully understand it as we need -- as we come in for
these various building permits, we will need to comply with the recommendations of
staff. We want to keep open the possibilities of some residential use out there, because
this existing house could become unusable when they widen Ten Mile to five lanes and
we just got to have some eyes and ears on the property of this size. So, we just want
you to be aware of that. And we will come back if we decide to move it or build another
facility. As was mentioned, you know, the -- could we have a larger picture that shows-
- there we go. All the rumors now swirling around this site here makes us wonder about
some of the commercial opportunities along here. And although we are pestered by
people all the time for this, our thought is that we may come back at some point and as
part of our ministries have book stores, restaurants, health clubs, and so forth along
Franklin. And so, again, we will come back for that. One other area of clarification is
that the staff report left us a little confused about a trunk line -- sewer trunk line that's
supposed to cross -- here we go. Basically, east to west and, then, run up our west line
and under the railroad. It was our understanding at P&Z that that would be a city
constructed line and that's what the testimony says at P&Z, but the staff report would
seem to indicate we are responsible for that. So, we would like to have some
clarification on it. I draw your attention to page two of Exhibit C, the last sentence. And,
then, the staff report indicated that neither Franklin or Ten Mile roads were in the ACHD
Meridian City Council
July 26, 2005
Page 39 of 72
five-year plan. They are both in the five-year plan, but the Ten Mile is the only one that
has a fixed date that is actually going to happen. And that's in 2007. And so we have
had a traffic study completed. We have submitted it to ACHD. And this past week they
granted us -- go back to the site plan again. They have granted us four access points
along Ten Mile, all four that we asked for. And they have granted us three points along
Franklin Road. They did not approve this one here. So, we got three of the four on
Franklin. You mentioned on page one of Exhibit C our primary planned facilities, which
are the main church facilities and administrative offices. I would just like to add for the
public record that we do envision recreational facilities and maintenance facilities over
on this 3.5 acres. And so with that we are in agreement with the staff report and --
(End of tape one.)
Wardle: -- A clarification from Public Works. I believe the applicant had a question
about the sewer trunk line.
Grady: Councilman Wardle, Members of the Council, yeah, we did have a city project
planned to take sewer down through the Franklin and Ten Mile intersection to
coordinate with ACHD's paving of that intersection. And that was scheduled to be
completed in 2007. It -- just prior to their paving that project. So, we are proceeding
along those lines. Now, Silver Oaks is considering bringing that down as part of their
project, too, realizing that got denied. So, that's the confusion is we had always
intended to bring that down just prior to 2007, so --
Woodard: And so, if I understand you, that is still a city project that runs east and west
across the church property?
Grady: Well, we are in the process of designing that as we speak.
Woodard: Right. And you plan to build it in 2007?
Grady: Well, we are in the process of negotiating easements with various landowners,
including you, and the exact path of that hasn't been determined.
Woodard: Okay.
Grady: So, JUB has been in contact with you and several other landowners in the area
and it is our intention to somehow get that sewer down through Franklin and Ten Mile.
Woodard: Okay. And it's always been our understanding that we would, then, be
responsible for hooking to that with any lines from our facility.
Grady: Yes. Depending on the final route of that.
Woodard: Okay.
Meridian City Council
July 26, 2005
Page 40 of 72
Wardle: Council, any other questions for the applicant?
Bird: I have none.
Rountree: Mr. President. Did I understand you that at some future date you will be
coming back to the city to re-subdivide and possibly either build or sell lots and if that's
the case where would those be located?
Woodard: We have no plans to sell any portion of this for re-subdividing. We do
envision possibly some ministry functions that would include commercial type facilities
on our property.
Rountree: Follow up?
Wardle: Mr. Rountree.
Rountree: You mentioned the residential, the dwellings out there now.
Woodard: Yes.
Rountree: At some point in time in the future, it may be displaced by the widening of
Ten Mile, but you said something about replacing it. What do you have in mind with
that?
Woodard: This is an older home that we re-remodeled and if the plans are such that we
are going to have to move that or tear it down, we will have to come to that decision and
what I'm pointing out is we may either move it up here along Avest or build a different
facility, but we got to have some eyes and ears on that property.
Rountree: Follow up. And you intend to use that as a residential dwelling?
Woodard: Yes. Uh-huh. In other words, we would have staff live right in it or -- a
caretaker, groundskeeper, something of that nature.
Donnell: Mr. President?
Wardle: Mrs. Donnell.
Donnell: Is that required, numbers of parking spaces, or do you just anticipate that you
would use all of that parking? Is your congregation so large that much would need to
have the parking for --
Woodard: Initially, the parking would encompass just this area here. We are a
congregation of about 1,200. We -- quite honestly, we intend to double our initial size
when we build. And it could go up to seating for 4,500.
Meridian City Council
July 26, 2005
Page 41 of72
Donnell: Remind me not to ever go along Ten Mile Road when you're letting out of --
Woodard: On Sunday morning.
Donnell: -- church there. So, with that possible -- follow up, Mr. President?
Wardle: Mrs. Donnell.
Donnell: With that possibility of that kind of congregation is that much parking required?
Oh, let me add onto that. And, if so, then, there would not be any possibility of them
being able to use some commercial use like a bookstore or something.
Canning: President Wardle, Councilmember Donnell, I'm not sure that we calculated an
ultimate. We would have had to have specific numbers on the number of auditorium
seats, plus the gross floor area for the administration building, plus the number of
elementary classrooms -- I'm not sure we have the exact information we need to get an
exact parking count. For that reason, staff did put the current parking requirements in
the special considerations for the annexation and zoning, but it doesn't give an ultimate
required number. So, typically, though, our parking requirements tend to be less than
what folks want to do and I would guess that this is the case of that as well.
Wardle: Anna, let me clarify your staff recommendation to bring forward a detailed
conditional use. Does that include the current site plan that we have to bring that
forward for detailed conditional use or for anything outside of this plan?
Canning: Well, we haven't received elevations along with this. So, it was including this
use, because I don't -- we really don't have very much specifics on the proposed uses at
this point.
Wardle: Okay. And part of the parking requirements that Mrs. Donnell is referring to
would be included in that conditional use process.
Canning: Correct.
Wardle: Okay. Thank you.
Rountree: Mr. President?
Wardle: Mr. Rountree.
Rountree: I have a question for Anna. Is residential use allowed in the C-N?
Canning: President Wardle, Members of the Council, Councilmember Rountree, if you
call it a caretaker unit it is. It's kind of an accessory use to a standard commercial unit
and there are a lot of commercial buildings that may not have someone living there, but
there is someone there all night, so --
Meridian City Council
July 26, 2005
Page 42 of 72
Rountree: Thank you.
Canning: I think that that's how we have always discussed it was a caretaker dwelling.
Rountree: I know it's been an issue in the past and I just wanted to make sure that it
doesn't become an issue.
Wardle: Thank you.
Woodard: Thank you.
Wardle: Is there anyone else who would like to testify on this application?
Grady: President, I have just some clarification I need as far as running this sewer
down through this property. Do we have the authority to have them grant us
easements, so that we can get to and through? In other words, we may -- we may end
up having to go through their property and we might get ourselves in a situation where
we not only have to build it, but pay for it. And I don't know what our authority is there.
Wardle: Mr. Nary.
Nary: Mr. President, Members of the Council, I think -- I think most of the time in the
past and I -- maybe Mr. Grady can correct me, but we have a policy as to how we
acquire easements and trying to -- as we are in the design phase, Mr. Watson
normally, if there has been a question or an issue, has brought that to the Council,
because of a particular property owner's concern whether to reroute that or needing
specific additional direction from the Council. But, otherwise, I think they followed a
policy internally on acquiring those. So, I don't know that you need a separate direction
tonight.
Grady: I would agree, other than in this particular case they are both sort of happening
simultaneously. Normally, if this were bare land we would have to go purchase
easements. He's in the process of going through the development at the same time.
Nary: You wanted that as a condition of approval, is that what you're seeking? Okay.
Then, that was my misunderstanding. So, if you wanted that included as part of that,
that they would work with the staff on Public Works on acquiring easements and things
and such, I think that's a condition we put in before.
Canning: Mr. President?
Wardle: Anna.
Canning: Just to put words in our new city engineer's mouth, perhaps. Since this is a
development agreement, could it be a condition of the development agreement that the
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July 26, 2005
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applicant provide easements to the -- for the purpose of routing that sewer easement or
that sewer line?
Nary: As long as you're going to pay for it.
Wardle: Would the applicant like to respond to staff's additional condition?
Woodard: Well, we have worked closely with JUB on the route and it's shown on our
plan here and that is this right here. We have always been in agreement to grant such
an easement if it were presented to us, but we -- it is not.
Wardle: Thank you very much. Council, any further comments?
Bird: I have none, Mr. President.
Rountree: None.
Bird: Mr. President, I would move we close the Public Hearing on No. 19.
Rountree: Second.
Wardle: It's been moved and seconded to close the Public Hearing on Item No. 19. All
in favor?
MOTION CARRIED: ALL AYES.
Donnell: Mr. President?
Wardle: Mrs. Donnell.
Donnell: Prior to a motion being made on this application, help me to understand, either
Councilman Bird, Rountree, or Wardle, how this is different than the development that
we denied when we didn't have better plans for the corner of the property. Do you
remember the one I'm talking about? I think just last week. And we denied it, because
we didn't have any real firm idea of what this was going to be. It was all conceptual. Is
this the same? Is this conceptual or would you look at this as being more defined than
what we have denied in the past?
Bird: This was on the 12th. I can't remember. I wasn't here.
Rountree: Oh, I will give a run at this.
Donnell: Okay.
Rountree: The previous one, which was two weeks ago, I believe, was a subdivision. I
believe we are going to reconsider it with additional information. There was no
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July 26, 2005
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indication of what the use was going to be. There were no elevations. There was no
idea that that was what the subdivision was really going to look like. And I think there
were five lots.
Donnell: They were office buildings, weren't they? It was on the corner of Meridian and
Ustick.
Rountree: Maybe. I'm not sure that we saw any landscape plans, no particulars as it
related to the subdivision. This is --
Donnell: Isn't a subdivision.
Rountree: -- this isn't a subdivision. From the testimony we received I thought it was
originally, but, apparently, it will not be.
Donnell: Okay. Thank you.
Rountree: We can handle the concern for design based on asking for a detailed
development plan, conditional use, to be submitted; correct, Anna?
Canning: Yes.
Rountree: And that certainly is a concern. So, I guess that's the observations I would
make is between the difference in the two.
Donnell: Okay. Thank you.
Rountree: Does that help?
Donnell: Uh-huh.
Rountree: Okay.
Canning: President Wardle, to clarify the record, you did approve the Findings for that
project last week. You reconsidered and approved them last week. The last time you
met.
Donnell: Was I not here?
Nary: Mr. President. You're talking about Dr. Price's -- they reconsidered it and reset it
for a new --
Rountree: Reset it for a new hearing. We did not -- we have not heard it yet.
Canning: I'm sorry.
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July 26, 2005
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Donnell: I didn't think we had.
Wardle: Council, we have closed our Public Hearing. I will --
Bird: Mr. President, I will --
Wardle: Mr. Bird.
Bird: -- make a motion here. I move that we approve AZ 05-023, Cherry Lane Christian
Church on Ten Mile and Franklin Road, and to incorporate -- and to incorporate new
Findings with the addition of staff and applicant's comments and public testimony
tonight.
Wardle: I will second that, if it specifically requires detailed conditional use as outlined
in the staff comments.
Bird: That was in the staff comments. That's why we are doing new Findings.
Wardle: Second.
Nary: Mr. President?
Wardle: Mr. Nary.
Nary: I think this is a comment, but just to be sure that what your intention is for
Councilmember Bird, addition to the development agreement besides the detailed
conditional use would also be to provide easements through the property for the sewer
extension.
Bird: The applicant --
Mr. Nary: And the applicant was in agreement with that.
Bird: He was in agreement with it and he stated it.
Nary: All right.
Bird: That was part of his testimony.
Wardle: It's been moved and seconded to approve Item No. 19. Mr. Clerk, will you,
please, call roll.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
Wardle: Thank you. Motion carries.
Meridian City Council
July 26, 2005
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MOTION CARRIED: ALL AYES.
Wardle: We are going to take a five-minute recess.
(Recess. )
Item 20:
Public Hearing: RZ 05-007 Request for a Rezone of .13 acres from R-8
zone to 0- T zone for Meridian Counseling & Wellness Center by Ruth
& Jeff Ulmer - 934 EaSt5th Street:
Item 21:
Public Hearing: CUP 05-028 Request for a Conditional Use Permit for a
counseling and massage therapy center in a proposed O-T zone for
Meridian Counseling & Wellness Center by Ruth & Jeff Ulmer - 934
East 5th Street:
De Weerd: Okay. I will go ahead and open up the Council meeting and we are on Item
20 and 21, public Hearing RZ 05-007 and CUP 05-028. I want to make sure I wasn't
forgetting something. I will open those two Public Hearings, 20 and 21, with staff
comments.
Canning: Madam Mayor, Members of the Council, this project is for the Meridian
Council and Wellness Center. It's located at 934 East 5th Street. And it might not be
easy to spot, but it's that parcel right there. It is a request for a rezone and a
Conditional Use Permit. The rezone is of .13 acres. And, again, it's a little difficult to
see. It's right there. And the rezone would be from R-8 to Old Town. And, then, the
CUP is for a Counseling and Massage Therapy Center in Old Town zoning. The
existing structure is 2,412 square feet. And there is just one structure. Access would
be from the north end of the property into a small parking lot behind the existing home.
Currently faces towards 5th Street. This is some photos of the existing home. The
cross street is State Street. The police department is trying to figure out what this cross
street was, so it is 5th and State Street. Okay. Going back up. As with many of the
developments that occur in the Old Town zoning, the applicant is requesting alternative
compliance to address the required buffer between land uses. Twenty feet is required.
They are only able to provide about two feet on the east. It says seven feet here on the
east. And seven feet on the south. They have -- staff has recommended that for that
alternative compliance they provide a six-foot solid fence and additional trees in lieu of
the required area. The Planning and Zoning Commission has recommended approval.
They conducted a Public Hearing on June 16th, 2005. And their key issues of
discussion were appropriateness of a business in the proposed location, which is
currently surrounded by residential properties, the type and number of clients to be
treated at the proposed business, and the limits on the hours of operation. As a result
of those hearings, the Commission added conditions regarding the hours of operation
and they limited them from 6:00 a.m. to 10:00 p.m. They also added conditions stating
that the Conditional Use Permit is granted only to the current applicant and should
become null and void upon transfer of the property. Ruth Ulmer spoke in favor of the
application. Susan Dodds spoke in opposition. The outstanding issue before Council
..1
,
,
Meridian City Council
July 26, 2005
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tonight is whether this is appropriate zoning at this time. Although the Comprehensive
Plan designation does show this as Old Town, there is some question when the nearest
other Old Town zoning is down here along the railroad use area. And, then, this orange
over here is the Old Town. So, the nearest commercial use I believe is here in the R-15
and the nearest commercial zoning here in the orange and that small property there
along where the heavy industry is. So, though it is consistent with the Comp Plan, the
one outstanding issue is whether the timing is correct. So, with that I will answer any
questions.
De Weerd: Council, any questions?
Donnell: No.
Bird: I have none.
De Weerd: Okay. Is the applicant here? If you will, please, state your name and
address.
Ulmer: My name is Ruth Larsen Ulmer and I live at 670 South Clearwater Lane, No.
204, Boise. 83712.
De Weerd: Thank you. Do you have any comment?
Ulmer: No.
De Weerd: Do you agree with all the staff comments?
Ulmer: Yes, I do.
De Weerd: Okay. Council, any questions for the applicant?
Bird: I have none.
Rountree: None.
De Weerd: Okay.
Ulmer: Thank you.
De Weerd: Is there anyone who would like to provide testimony on this application? If
you would, please, state your name and address.
Rizzario: Yes. Mayor and Council. My name is Fred Rizzario. I live on 1012 Kathy
Lane, Meridian.
De Weerd: Thank you.
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July 26, 2005
Page 48 of 72
Rizzario: Actually, it is East 5th Avenue to be exact, not East State Street. So, I live at
the actual dead end cul-de-sac.
Donnell: Can you use the pointer, sir?
Rizzario:Certainly. Right there.
De Weerd: Okay.
Rizzario:Yeah. And that is East 8th Avenue. My concern is actually -- and I need to
find out a little bit more information about the actual counseling, because we -- actually,
have -- I guess I don't want to specify -- we actually have a -- what do you call it,
designated sex offender in the block, so that's caused me some concern. But I don't
know what type of counseling or who is going to be coming. Another concern was
traffic. As it is there is no stop signs, yield signs, or anything on there and as it is, traffic
is pretty rough there because of the subdivision that comes down this way. So, there is
a lot of traffic going down that way.
De Weerd: And those are apartments to the north?
Rizzario: Yes. Right.
De Weerd: Okay.
Rizzario: Up on the north. It's the whole housing. It's all housing. Also what I -- also
caught my attention was the Old Town designation. About two years ago I was here
with your predecessor and we had actually discussed the Old Town where I believe was
going all the way to Five Mile Creek, which is right here. The reason why is I actually
own the oldest parsonage in Meridian and it's one of your history buildings, so --
historical buildings. It's not on an historical site, like the historian stated at that time,
because it was moved there back in '89. But, nonetheless, it's still -- the building's intact
the same way so -- and we have kept it that way. And, you know, so that's what
brought me here was trying to figure out the old zone. I thought that was pretty much
already done and there is confusion on did it get re-designated or has it been changed
or anything like that and, of course, then, my concern with safety and security with
children. I'm in the profession of -- I work over at Job Corps in Nampa. So, I deal with a
lot of the counseling and students and things like that, 16 to 24 year olds, so this
brought up some concern with having -- I don't know the actual designation for sex
offender, but it's there and we know he's there, so that causes me some concern being
so close and, of course, having a type of service industry within all the residential area.
De Weerd: Well, we will ask for clarification on the type of counseling as well.
Rizzario: Thank you very much.
Meridian City Council
July 26, 2005
Page 49 of 72
De Weerd: Okay. Thank you, sir. Is there any other testimony on this application?
Okay. Would the applicant like to respond, please?
Ulmer: I answered a lot of these questions when I went through the Planning and
Zoning and the County Commissioners. We do not see pedophiles at my location. I will
not be leasing my office spaces to anybody who sees pedophiles. I will not be leasing
my office space to anybody who deals primarily with people who are drug addicts and
alcoholics. And that is why they tied the Conditional Use Permit to me and myself only.
So -- and there is pages of testimony regarding pedophiles at the last meeting. Yes.
De Weerd: Okay. So, what kind of counseling, then?
Ulmer: I do children, adolescents, and families. So, I see children who have ADHD,
depression, anxiety. Children who don't want to go to school. I want to hire or not hire -
- excuse me. I want to lease my office spaces to massage therapists. I want to lease
my office space to nutritionists who see people who are a little over weight and need to
lose weight, people who have eating disorders, that kind of thing. So, pedophiles are
court ordered that see therapists on Medicaid. I have no desire to see those kind of
people and I'm not going to rent my office space to anybody who sees those kind of
people. So, not an issue.
De Weerd: Okay. Council, any questions?
Bird: I have none.
De Weerd: Thank you.
Ulmer: And I also in terms of the traffic, I also plan on trying to get all of my clients and
everyone to come down Pine Street, so I really don't want to have everyone come down
State Street, because I am very aware that there is the unmarked intersections. So, I
do plan on having people use Pine Avenue -- yeah. Pine Avenue. So, hopefully, that
will answer that question also.
De Weerd: Okay. Thank you.
Canning: Madam Mayor. Members of the Council, would you like me to comment on
the question about the Old Town zoning?
De Weerd: Yes.
Canning: Staff did initiate a mass rezone of all the properties within the Old Town
designation to Old Town. The consensus at the Public Hearing was -- at the time wasn't
right, because the restrictions on the Old Town zoning were so heavy in that there was
no principle permitted uses on the -- but at the time there was no design guidelines on,
there was just no clear benefit to anyone to go ahead and get that Old Town zoning at
that point. We have recently discussed about when it would be appropriate to bring this
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July 26, 2005
Page 50 of 72
issue back. And what we had talked about and what is in my strategic plan for next
year is to get design guidelines adopted, get the new provisions of the Unified
Development Code in place, and work on some residential design guidelines for Old
Town and at that time it would be appropriate, we might have the downtown design
guidelines and, then, some defined areas for the residential guidelines. So, this could
be in -- I guess what staff is anticipating is that you would have a kind of a layering or
concentric ring of uses, even though it all has the Old Town zoning, is that you would
see mostly the downtown core would have a lot of the more intense retail uses and,
then, lessening out toward office and, then, residential. Residential is still planned to be
one of the primary uses within the Old Town designation. It just tells you where staff is
headed with that whole issue.
De Weerd: Okay.
Rountree: So, if I might follow up on your question to Anna's information. This is or is
not designated in the Comp Plan as Old Town?
Canning: It is not. It was aborted at the hollering of almost everybody that was there, I
believe.
De Weerd: Okay. Hold on for a moment. Did you have a question?
Wardle: Madam Mayor, I have a question for the Police Chief. And just ask him to
comment given the public testimony of I believe the presence of a registered sex
offender and any concerns with what is -- has been terminologized as a child counseling
center within that vicinity. Chief.
Musser: Madam Mayor, Councilman Wardle, Members of the Council, when it comes to
the registered sex offenders, this question seems to come up in a multitude of ways.
And unless that registered sex offender is currently on probation, there is an assumption
that they are an everyday type citizen and the information is out there for public
awareness only. And we don't have indications of anybody that is actively a pedophile
or predator in that instance. And if they are registered, then, they are making the
appropriate steps under the law. It's the ones that don't register or that are currently on
probation that are more of a concern. And to my knowledge this one does not fit any of
those categories at this time.
Wardle: Thank you.
De Weerd: Thank you. Does the applicant want to make a statement? Or have a
question?
Ulmer: When I purchased the property I went straight to Planning and Zoning and
asked what zoning I was in and I was told R-8 and I was told immediately that I was in
the Comp Plan for Old Town. And so I stated my plans on what I was going to do with
this building and I was stated, well, you're in the Old Town Comp Plan, that shouldn't be
Meridian City Council
July 26, 2005
Page 51 of 72
a problem. And so I have never -- I am under the assumption now that it's no longer in
the Comp Plan for Old Town?
Canning: Madam Mayor, Members of the Council, that is not what I was saying.
Ulmer: Okay.
Canning: It's still Comp Plan -- it's still Old Town in the Comp Plan. I was just trying to
clarify that where we are headed was to have some different design guidelines for
different areas.
Ulmer: Okay.
De Weerd: So, in the Comp Plan this is designated within the Old Town boundaries.
Canning: Correct.
De Weerd: Where are the Old Town boundaries?
Canning: There is one of the other neighbors testified -- the boundary right close by
here is here and, then, it jogs over a little bit. Let's see. It comes up, but it gets those
and, then, it comes back down and goes -- looks like -- something like that. And, then, it
comes down from there. So, it goes approximately like this.
De Weerd: That's a really odd boundary.
Canning: It's right -- about I could do is put the laser pointer right there, so --
Donnell: Which part again, Mr. Nary?
Nary: This part right here --
Donnell: What color is that?
De Weerd: That's brown.
Rountree: So, it's already zoned Old Town.
Donnell: The light brown?
De Weerd: It's designated --
Nary: This part -- madam Mayor, Members of the Council, this part right here, this is a
pathway that follows that creek right along there.
De Weerd: Okay. Is this clear as mud?
Meridian City Council
July 26, 2005
Page 52 of 72
Donnell: So, it is or is not? Is this property in Old Town -- so, the request for it to be
zoned for Old Town, but it is in the potential Old Town area? Okay.
Canning: Now, is that a little bigger?
Donnell: Yeah.
Canning: Okay.
Donnell: That's good
Canning: The confusion lies in that we have a Comprehensive Plan designation that's
exactly the same as the zoning designation. I understand what's going on now. So, it is
in the Old Town Comprehensive Plan Designation. The property is just about right
there.
De Weerd: Okay.
Canning: It is not currently -- it does not currently have Old Town zoning. That is the
request that is before you tonight is for the Old Town zoning.
Donnell: Okay. Got it.
De Weerd: Okay. Any further questions?
Bird: I have none, Mayor.
Donnell: No.
De Weerd: No? Okay. Any further testimony? Okay. I would entertain a motion to
close.
Donnell: Madam Mayor, I make a motion that we close the Public Hearing?
De Weerd: That is 20 and 21?
Donnell: On 20 and 21.
De Weerd: Okay. Thank you.
Bird: Second.
De Weerd: Okay. Motion to close Items 20 and 21. All those in favor say aye. All
ayes. Motion carries.
Meridian City Council
July 26, 2005
Page 53 of 72
MOTION CARRIED: ALL AYES.
De Weerd: Do we have any discussion? Do I have a motion?
Donnell: Madam Mayor, l'd like to make a motion that we approve Item No. 20, RZ 05-
007, and to include all staff comments -- and do we go with the next one, too?
Bird: No.
Donnell: Or just that one?
Bird: Is that including the Findings?
Donnell: It absolutely did.
Bird: Second.
Donnell: Didn't I say that?
De Weerd: Okay. The motion is to approve Item 20. If there is no further discussion,
Mr. Berg.
Rountree: Given my history on these particular items, I have to explain my vote to
approve. Because it currently is already an R-8, which would allow this kind of activity.
Were it some other zoning, I probably would vote to deny.
Bird: So, what is your vote?
Rountree: Aye.
Bird: Okay.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Thank you. Item 21.
Donnell: Oh. Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I would like to make a motion that we approve CUP 05-028, request for
Conditional Use Permit, and to include all staff findings and all what is it -- what to you --
what do you say, Findings of Fact -- Findings -- and to include all Findings.
Meridian City Council
July 26, 2005
Page 54 of 72
Bird: Second.
De Weerd: Is there any discussion?
Rountree: She's getting so good.
De Weerd: The motion is to approve Item 21. Mr. Berg, will you call roll.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
MOTION CARRIED: ALL AYES.
Donnell: Madam Mayor?
De Weerd: Yes. Donnell.
Donnell: Before we go on, I just have to say I'm really making a real mess of everything
considering that one of my bosses is in the audience tonight.
De Weerd: One of your bosses?
Donnell: Yes. So, I hope that I'm duly impressing him. One of my bosses.
Rountree: He wouldn't want to be up here. You're already ahead of him.
Donnell: I have five bosses. Is that how many I have, Matt? Five? There is five of
you. They hired me. They will fire me. So, I'm headed in that direction; right?
Item 22:
Public Hearing: PP 05-022 Request for Preliminary Plat approval of 4
building lots and 1 common lot on 1.74 acres in a L-O zone for
Woodpenn Subdivision by Pennwood III, LLC - 429 SW 5th Avenue:
Item 23:
Public Hearing: CUP 05-030 Request for a Conditional Use Permit for a
commercial Planned Development on 1.74 acres in a L-O zone for
Woodpenn Subdivision by Pennwood III, LLC - 429 SW 5th Avenue:
De Weerd: Items 22 and 23 are Public Hearings, PP 05-022 and CUP 05-030. I will
open these two Public Hearings with staff comments
Canning: Madam Mayor, Members of the Council, this project is WoodPenn. It's
located at 429 Southwest Fifth Avenue. It is a request for four building lots and one
common lot on 1.74 acres In an L-O zone. You can see here that it currently has the L-
0 zoning. The planned development that accompanies it is to approve the frontage
requirements for the two rear lots. When I show you the site layout you will see why.
So, here is Fifth Avenue. Here is Woodpenn. You come into the site, this building --
two buildings at the front and, then, two buildings at the rear that do not currently have
Meridian City Council
July 26, 2005
Page 55 of 72
frontage. So, they have done the Planned Development application. And as part of that
they have proposed as amenities a plaza and the landscape berm, which I'm not seeing
right away. So, maybe the applicant can point out where that is. And a picnic table
and approximately 2,200 square feet of open space, which is 29 percent of the site, I
think it shows up a little better here in the landscape plan. I think this is the -- here we
have the berm and the plaza area. Here are the -- some of the conceptual elevations.
And this is an aerial view or bird's eye view looking down on it. A little bit like roof tops
from up here. The total square footage of the proposed structures is 22,000. And,
then, again, there are just four of them. P&Z has recommended approval with
conditions. And they, again, heard it at their June 16th meeting. And no one spoke in
opposition to the project. There is no key issues of discussion. And there are no
outstanding issues that we know of before Council.
De Weerd: Thank you. Any questions, Council?
Donnell: No.
De Weerd: Any comment from the applicant? If you will, please, state your name and
address.
Newton: Matthew Newton, 25370 Volendam in Caldwell.
De Weerd: Now, do you need to abstain if your job is threatened?
Donnell: Probably.
Newton: If I could clarify myself. I'm a member of the Pennwood III, LLC, with the least
amount of leverage. That's why I'm here. So, I'm just here to answer any questions you
may have.
De Weerd: Council, do you have any questions?
Bird: I have none.
De Weerd: No, she's going to behave herself. No questions.
Newton: Thank you very much.
De Weerd: Any further comment? Anyone wish to testify? Okay.
Rountree: Hearing no further testimony, Madam Mayor, I move that we close Items 22
and 23.
Bird: Second.
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July 26, 2005
Page 56 of 72
De Weerd: Okay. Motion to close 22 and 23. All those in favor say aye. All ayes.
Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Given my contrary mood tonight, and seeing a clean application, I would
move that we approve Item No. 22, preliminary plat for Wood penn Subdivision.
Bird: Second.
De Weerd: And approve the Findings?
Rountree: And the Findings and -- yes.
De Weerd: Okay.
Rountree: All of the other accoutrements that go with that.
De Weerd: I think Mr. Berg would get after us if that wasn't included.
Berg: Try to make things clear and concise. Thank you, Madam Mayor.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, abstain.
MOTION CARRIED: THREE AYES. ONE ABSTAIN.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I would move that we approve Item 23, conditional Use Permit, 05-030,
subject to all staff comments.
Bird: Second.
De Weerd: Okay. Motion to approve 23. Mr. Berg.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, abstain.
MOTION CARRIED: THREE AYES. ONE ABSTAINS.
Meridian City Council
July 26, 2005
Page 57 of 72
Item 24:
Public Hearing: AZ 05-018 Request for Annexation and Zoning of 29.18
acres to R-4, R-8 & R-15 zones for Westborouah SQuare Subdivision
by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard:
Item 25:
Public Hearing: PP 05-020 Request for Preliminary Plat approval for 7
building lots and 1 common lot on 5.39 acres in a proposed R-15 zone for
Westborouah SQuare Subdivision by JLJ Enterprises, Inc. - SEC of
Jericho Road and Chinden Boulevard:
Public Hearing: CUP 05-027 Request for Conditional Use Permit I
Planned Development approval of a mixed-use development consisting of
10 multi-family buildings and 6 office buildings with multiple buildings on a
single lot and a waiver of the street frontage requirement in a proposed R-
15 zone for Westborouah SQuare Subdivision by JLJ Enterprises, Inc.
- SEC of Jericho Road and Chinden Boulevard:
De Weerd: Thank you, Mr. Berg. Okay. Items 24, 25 and 26 are Public Hearings for
AZ 05-018, PP 05-020, and CUP 05-027. I will open these Public Hearings with staff
comments.
Item 26:
Canning: Madam Mayor, Members of the Council, this is Westborough Square. It's at
the corner of Jericho Road and Chinden Boulevard. Jericho runs on the west side of
the property. There is Chinden. It is three applications. It's an annexation and zoning
of the outline of the property that you see here, and, then, a preliminary plat and a
Conditional Use Permit, just on the top lot, or the northern lot of that existing
subdivision. Here is -- okay. The annexation and -- Westborough Subdivision was
approved by the county, but with city services. And as a condition of providing those
services they were required to annex the property when sewer was available to the site
with the approval of both with the Arcadia -- there is an annexation path to
Westborough and that's why they have come in with the annexation application on the
whole of the subdivision, but the additional development requests are just on a portion
of it. Meridian School District owns this property and has developed it. I think they have
future plans for development as well. Then there are someone one acre home sites
along Jericho Road. And, then, there is a well lot for the city near -- right on Locust
Grove. So, that is the annexation request and that's why that annexation request is
before you today. Moving on to the -- oh, and as part of that annexation request, there
is one acre lots they requested R-8 zoning on. They requested R-4 for the school
property. And, then, they had requested R-8 for the one-acre homes and, then, R-15
for this lot.
De Weerd: R-8 for the one-acre homes?
Canning: Yes. Staff has not recommended that you approve those as R-8. We are
recommending R-4 for those lots.
De Weerd: Don't we have a lower designation?
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July 26, 2005
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Canning: We do have lower designations, yes.
Rountree: Three and two.
Canning: Okay. The preliminary plat approval is for seven building lots and, then, one
common lot on the -- in the proposed R-15 zone. So, this is the proposed R-15 zone,
the 5.39 acres. And, then, the CUP is for ten multi-family structures here on the east
end of the site. And for the six office buildings toward the west end of the site, with
multiple buildings on a single lot, and they have also asked for a waiver of the street
frontage requirements that -- in a proposed R-15 zone. So, the CU would allow for a
total of six office buildings and ten four-plex units. I do need to point out that the original
staff recommendation was for denial. The Planning and Zoning Commission was able
to modify the site plan to a point where they felt comfortable --
(End of side one, tape two.)
Canning: -- part of the reason staff initially recommended denial is that the
neighborhood center is located -- centered on this line right here. So, it comes kind of
like this. It does not touch the proposed property. The P&Z felt that that center could
float to include this property. So, they basically felt that this could be developed as
something other than residential because of the closeness of the neighborhood center.
I do have some elevations. That shows the structures a little better. And here is some
elevations. Okay. Planning and Zoning Commission has recommended approval with
conditions. The key issues of discussion were the amenities for the planned
development, the addition of a tot lot and a pathway to the patio area near Chinden. If I
can get my mouse -- there we go. And, then, based on the applicant's testimony, the
Commission made some changes to the condition of approval. Craig detailed those
very carefully in your summary sheet. And he used underline and strike outs. I'm not
going to go over them in detail. But, basically, the first was regarding that construction
of a tot lot within the multi-family portion of this element. The second change requires a
pathway and sidewalk from the multi-family portion to the patio area near the Chinden-
Jericho intersection. And, then, this third change reflects the applicant's willingness to
provide a hundred square feet of private usable open space for each four-plex unit. And
we have discussed that a number of times. That is a requirement of the planned
development. Craig -- or Mr. Hood has pointed out that there is an outstanding issue
before Council. Most of the conditions of approval were with regard to the site plan
modifications. They have submitted a revised site plan. But as pointed out in the
summary, it still provides deficient buffers between land uses. And that's the -- those
required here to separate from the school and the church. And, then, those here to
separate from the school and the one-acre lots. So, either the condition needs to be
changed to reduce that buffer amount or the site plan still needs to be modified to meet
those conditions. Finally, there is limited sewer capacity in this area. The applicant
delivered a letter to the city engineer earlier this afternoon proposing a method to make
more capacity available. The city engineer has not had time to review that proposal, so
staff's position is that there is still limited capacity for sewer in this area. A portion of this
may be able to get sewered, a portion may not. It's unclear how much they could serve
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at this point. And with that I think I will let the -- answer any questions and let the
applicant explain the site layout a little more.
De Weerd: Any questions for staff?
Bird: Madam Mayor, I do have -- I have a couple of questions. Anna, what kind of
noise abatement have we got along Chinden Boulevard?
Canning: To my knowledge there is no provisions made for noise abatement.
Bird: Are we not doing that on Chinden, getting some kind of noise abatement off
them?
Canning: We have not discussed that before. I think this is --
Bird: Yes, we have.
De Weerd: Yes, we have.
Canning: Oh, that's right, because they did the berm before, didn't they.
Bird: The others that have been butting up to Chinden have been providing some kind
of noise abatement and this definitely needs to be. And, then, on the sewer does this
go into the North Slough, Len, it is over to that or is this going to be flowed back down
and picked up in the lift station and taken to the White Trunk?
Grady: It will come through the North Slough once that's comes through Saguaro. But
that's at least a year out.
Bird: I was going to say where are they getting their limited --
Grady: Well, currently there is a lift station that's going to be operated --
Bird: Edinburgh and them?
Grady: What? Pardon me?
Bird: The one that takes care of Edinburgh and --
Grady: No. This would be Arcadia. The Arcadia Subdivision.
Bird: Oh the Arcadia one. Okay.
Grady: Yeah. That's right. And there was capacity for one lot that was approved prior
now with this extended -- expanded plat. I would say without a modification of that lift
station we would not have capacity. Now, the applicant did give me a revised plan for
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that lift station, which I have not had time to evaluate. Whether or not that we can
provide that sewer through that lift station remains to be seen.
Bird: Thank you, Len.
De Weerd: Okay. Any other questions at this point? Would the applicant like to come
forward? If you will, please, state your name and address.
Holt: My name is Phil Holt with the Land Group. 462 East Shore Drive in Eagle, Idaho.
83616.
De Weerd: Thank you.
Holt: Madam Mayor, Members of the Council, I'm here representing JLJ Enterprises for
the annexation and rezone and preliminary plat, along with a planned development for
the Westborough Square project. I will just go into a little bit of the kind of the design
features first. Maybe expand upon Anna's description a little bit. We got the six
commercial buildings up front on Jericho and on Chinden. One single entry off of
Jericho. No entrance whatsoever off of Chinden for safety reasons. And we pull into
the one main parking lot for buildings -- with the buildings on the exterior perimeter, so
you don't see a sea of asphalt going on the roadways. And, basically, help keep the
corridor clean and landscape clean and nice looking. As you drive back into the site we
get to the multi-family area with the ten buildings. It looks like we are out of batteries.
Okay. As you drive back into the residential area, the ten four-plex, multi-family
residences -- residential units. And as you see on this layout also, we don't have one
central large parking lot in the center, it's more of a traditional feel with on-street
parking, bulb outs for ease of pedestrian access across. This will be -- one was around
this corner. We have street trees. Separated sidewalk. It's quite a different feel from
your typical multi-family development with a single parking lot in the center and feeding
out from that to the individual units. Some of the key features: We have 34 percent of
landscape open space on the project. Again, the on-street parking. Bulb outs. Street
trees, as opposed to that large central parking area in the center. It helps break it up.
And, basically, makes for a much more pedestrian friendly atmosphere in that
residential area. Some of the key P&Z Commission changes included adding the tot lot
in the center of the site. Adding sidewalks along Chinden Boulevard. Connecting into
the plaza space on the corner of Jericho and Chinden, as well as providing the
individual patio spaces for the units. You can see those at those locations. One of the
comments from Councilman Bird I'd like to address right off the bat is the noise
abatement and -- along Chinden Boulevard and what we are providing there is a berm.
It's hard to see on this plan, but there is actual contours up in here. I think we are
calling that a three-foot berm, but we could easily go to more of the five foot range, and
the plant material along that berm is more than double what is required in the ordinance.
So, it's fairly extensively planted, bermed up. We can put that walkway on either side of
that berm. It seems like it might be better if it was on the residential side, so that you
get a little bit of protection from the roadway. So, that will be bermed in that residential
site. And, then, to address the buffer provisions on the exterior boundary of the
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residential area, we have submitted an alternative method of compliance for the
encroachment upon those buffer areas. And the reason for the encroachment is to
create enough space in the interior of the project to provide a more traditional
neighborhood feel with the on-street parking, bulb out, separated sidewalk, street trees,
as opposed to that larger central parking lot to access the residences. This centrally
focused design creates more pedestrian oriented neighborly interaction, while shifting
the buildings and garages to the perimeter. And the perimeter being on this side a large
open field for the church site here and, then, the large open field for the school site here
and, then, we are not asking for a reduction in that buffer along the residential lot from
this side, we are maintaining that 20-foot there. And what we are doing to comply with
the intent of the ordinance is to more than double the plant material along those buffers
with both conifer, ornamental, and shade tree varieties. As well as place a six-foot vinyl
fence along the east side and the south side. I think it's also important to note that no --
the structures do not go into that 20-foot buffer. It's only the patio spaces. Sort of
creating little courtyards for the patios with very dense landscaping around those to
create those courtyards, while maintaining that pedestrian oriented feel with the street
trees and whatnot on the interior.
Canning: Madam Mayor, Members of the Council, since we paused, Phil, there are
structures -- the carport structures, the garage structures are in that --
Holt: Oh. I'm sorry. You're right. I meant the actual residences. The carports do
encroach into that space. We have ten feet between the property line and the garages.
Basically, we felt that 20 feet behind the garage is kind of dead space. I think reducing
that and just providing landscape in the back accommodates the -- I guess the intent of
the code of providing a buffer between uses that dead space back there can I guess be
a little bit troublesome for potential vandalism and who knows what can happen.
Garages in that dead space between the fence and the garage. Let's see. Along the --
on the north side along Chinden Boulevard we are proposing a 35-foot buffer space
between the new right of way line and our buildings. I think it's important to point out
that the new right of way line that we are dedicating as part -- they have -- the project is
85 feet away from the existing edge of pavement. And, again, this space will include
berming, extensive landscaping, and the five-foot wide sidewalk. And as part of the
alternative method of compliance, we are asking to include the five foot walk in the 35-
foot total, as opposed to going to a 40-foot with that five foot sidewalk in it. There is an
additional 50 feet of space between our buffer and the edge of pavement. We are
planning to obtain a license agreement with ITD to landscape a portion of the right of
way to the bottom of the borrow ditch, which will create effectively an approximate 55
foot wide landscape area along Chinden Boulevard, which is quite substantial I would
think. In order to accomplish this type of high quality traditional neighborhood style
design with the interior pedestrian oriented streetscape, we are asking to modify site
specific condition of approval number two in a couple of areas. Under bullet item
number one, if we could remove the reference to the 40-foot buffer along Chinden, and
we will comply with the intent of the code by providing double the required number of
trees and effectively landscape a 55-foot wide area along Chinden. And, then, under
bullet item number three, if we could encroach into the buffers as shown on the
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July 26, 2005
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submitted site and landscape plans, we will build the project as presented with
traditional neighborhood streetscapes on the interior and vastly improved perimeter
landscape and fencing. And one last comment with the R-4 versus R-8 on the
residential lot down here. I think in the initial application that was a misunderstanding
with staff. We have no problem going to R-4 or even less on those acre lots there.
Those are intended to stay one-acre residences and we don't have any problem with
that at all. I guess one other point of clarification on the change from our application
through the P&Z process, the initial request was for an R-15 zone on the entire project
and, then, a Conditional Use Permit for the commercial on the front half. The P&Z
recommended that we go with an L-O zone on the front half, as opposed to the
conditional use. And we don't have a problem with that either. That makes good sense
to go with L-O zone for the limited office use and, then, the residential in the back of the
R-15. With that I will stand for questions.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I have got in our -- in our new Unified Development Code noise abatement for
residential use along federal and state highways, which includes that. Constructing a
berm or berm and wall combination. They got to be ten foot higher than the center
elevation of the road.
Holt: Okay.
Bird: So, it's a combination of either a berm up or -- and a wall -- or a wall ten foot
above the center line elevation.
De Weerd: And I think that's what we required.
Bird: We have been requiring that all along there at the residential use and I don't
believe any has slipped by us since we had one slip by us on Eagle Road. Before your
time. So, I would be that -- and I would -- I, for one, sir, would -- on the one acre lots, I
would -- I wouldn't vote on anything or approve anything that wasn't at least R-2 myself
on that.
De Weerd: Any other questions for the applicant? No? Okay. Thank you, sir.
Holt: Thank you.
De Weerd: Any other testimony on this application? Okay.
Wardle: Madam Mayor?
De Weerd: Mr. -Wardle.
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July 26, 2005
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Wardle: Question and clarification for both Planning and Zoning and Public Works. As I
understand this, we are -- we are annexing and zoning the entire 29 acres; is that
correct?
Canning: Correct.
,f
,
Wardle: So, we will be including all the homes, as well as the school and the church
site as well?
Canning: I believe the church is not part of the application.
Wardle: Okay. And, then, a question for Len. If these applications are approved, they
would need the sewer capacity before being able to obtain a building permit; is that
correct?
Grady: That's correct.
Wardle: Okay.
De Weerd: So, how does that work when there is not sewer capacity out there?
you just wait until there is --
Do
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: A couple suggestions. If you want to make clear on the conditions regarding the
sound buffer, the wall along Chinden, it wasn't proposed to have a development
agreement for this property, but that might be an appropriate place for it. Mrs. Canning
may have a different opinion as to if there is a better spot for that. The other is we have
placed conditions on properties. And I don't recall off the top of my head if it was in a
development agreement or if it was in a conditional approval of a plat was that they
could not develop until the -- there was not current sewer capacity available for this
property and that the developer basically brought this forward at their own risk, so that
they were aware that there was no availability currently. And that it wasn't -- you know,
it wasn't within the next year or whatever notation you wanted to make, but we did that
on property south of the freeway off of Overland for the same reason.
Rountree: We did that on -- just there off Black Cat.
Nary: Right. Black Cat as well.
Canning: Madam Mayor, Members of the Council, there is a very specific condition of
approval. And I will read it to you. It's a little bit long. Westborough Subdivision has
designed and installed a private sewer lift station as part of an earlier phase. When
Public Works reviewed and accepted the plans for the -- for this lift station staff was
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July 26, 2005
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approving it for only the five lots for which it was proposed and five commercial lots.
With the added multiple family dwelling units, engineering staff had some reservations
on the ability of this lift station to service the proposed extra volume of effluent. The
applicant shall install a flow meter to measure the true amount of flow that is being
generated by this development, thereby enabling engineering staff to determine how
many lots of this maybe developed until gravity sewer becomes available. The
applicant shall be responsible to construct all required sewer mains, service projects
main, sizing and routing to be coordinated with Public Works. So, I just wanted you to
be aware that's the existing condition. So, if you want to -- if you want to go with
something that's a little more specific, then, we probably need to go and remove this
one as well.
De Weerd: Is that specific enough for Public Works, Len?
Grady: Yeah. That does work. Again, they did come up with a modified design to their
lift station. It may -- that helps mitigate the problem. But, certainly, the condition as
read there works for us.
De Weerd: Okay.
Canning: Just to be real quick. I know that Public Works hasn't had much time to
review that letter, but it's from the civil engineers, WH Pacific, and it basically says that
preliminary evaluation indicates that increasing the diameter of the wet well from five
feet to 6.1 feet should adequately meet the design operation requirements for the newly
proposed conditions. That is a little bit more technical than that, but that's kind of the
gist of it. So, I think once the civil engineers can clarify that with Public Works,
everything will hopefully work out.
De Weerd: Okay. Mr. Wardle, did you have anything?
Wardle: I have some comments. Would you like them now?
De Weerd: Sure.
Wardle: My specific comments in regard to the overall annexation and zoning are that
we typically see in annexation and zoning and in these outlying areas we see the larger
property owners and the one-acre lots coming forward in opposition to higher density
and mixed use. This application incorporates mixed use, but also is bringing those
larger lots within the city. So, something that we -- that is different I -- also from the
design standpoint, like the way that multi-family is taking an internal drive separating out
the carports again, getting rid of the entire sea of asphalt, and agree that the buffering
along the other areas for the -- I believe the church and the school area is adequate and
as a use does not require that full 20-foot width.
Donnell: Madam Mayor?
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July 26, 2005
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De Weerd: Mrs. Donnell.
Donnell: Just a question for the applicant. I hope that there is some planned gates or
openings that you will make sure that you have in there for that future elementary
school.
Holt: Absolutely. There is a sidewalk connection that comes straight through here and
connects to that school.
Donnell: I should have just looked.
Holt: It's hard to see on that.
Donnell: Well, the microphone was right in front. Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I don't hear anymore public comment. Anybody need anymore public comment?
I would move that we close the public hearings 24, 25, and 26.
Wardle: Second.
De Weerd: Okay. Motion to close the public hearings on 24 through 26. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Any discussion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: And I should have probably mentioned this with the applicant. He can nod. But I
think before I could vote or make a motion on the plan or the annexation and zoning, we
need a development agreement to make sure that all these things get in, like the berm
on Chinden going from the an R-8 down to an R-2, and all that. So, I have no problem
with the annexation and zoning, as long as those changes -- and we have a
development agreement. And I don't know what the other Council -- that can discuss
this or what they think or --
Rountree: Is that your motion?
Bird: I will make a motion if you like.
Meridian City Council
July 26, 2005
Page 66 of 72
De Weerd: Okay.
Bird: Madam Mayor, I move that we approve AZ 05-018, the request for annexation
and zoning of 29.18 acres to R-4, R-2, and R-15 zone for Westborough Square
Subdivision to get a development agreement that includes the proper noise abatement
along Chinden and all other stuff that was discussed by staff and applicant that is not in
Planning and Zoning conditions.
Wardle: Second.
Bird: Is that clear?
De Weerd: And was the proper stuff is what was in the code?
Bird: That is -- that's the code. That is the proper -- the code is the property noise
abatement. The ten-foot wall or ten foot berm from centerline elevation to the road of
Chinden Boulevard.
De Weerd: Yes, Anna.
Canning: Madam Mayor, Members of the Council, just to clarify, that's the proposed
language from the Unified Development Code and it's a wall and berm and in
combination of ten feet, but the wall can't be any higher than six feet, because it's a
residential district. So, it would be a four-foot berm and a six-foot wall.
Bird: It don't say that in there, but that's fine with me. That's absolutely fine with me.
That's something you can put in the development agreement.
Canning: Okay.
Bird: I mean alii want is the noise abatement ten foot tall. I don't care if it's all berm or
all block.
De Weerd: You don't want to ten-foot block--
Bird: It looks pretty good along the freeway.
De Weerd: I'm sure the residential would love that.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: And I don't know if this is in the development agreement or if Mrs. Canning has
an opinion. The discussion was between a 35-foot setback and a 40-foot setback and
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July 26, 2005
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the issue was whether to have the five-foot sidewalk on the residential side, which only
makes sense. But I don't know -- I want to make sure if that needs to be in the
development agreement that we have that. And I don't know if Mrs. Canning has an
opinion on 35 versus 40. The applicant stated they prefer the 35.
Canning: Yes. And in the new code, which I really hope will get adopted soon, we did
take out on the larger setbacks, we do get them credit for those five feet. In this case,
though, just for the Council's consideration, it's going to be difficult to get a four-foot
berm and a six-foot -- well, maybe they do have enough room, but it may be a little tight
on the landscaping anyway. I would question whether you would want the path on the
inside, because I think -- I'm not sure that there will be a sidewalk on the other --
adjoining the street, so --
De Weerd: We need it on the roadside.
Canning: I would think you would want it on the roadside. Yes. That's what I was
trying to say.
Bird: That's fine. And the 35 feet should be enough to get the berm and still get the one
-- the meandering sidewalk.
Canning: And maybe Phil can do some quick calculations, but it's a three-to-one slope.
You're still okay? He can do the four-foot with a six foot wall.
De Weerd: Okay. So, that was a motion made. Do I have a second?
Rountree: Can I ask for clarification? On your zoning you said an R-2, R-4, and an R-
15. Do you mean an R-2, an L-O, and an R-15?
Bird: That's right. I'm sorry. Charlie. Thank you. Thank you. It was an L-O.
Wardle: Second agrees.
Canning: So, R-2, R-4, L-O, and R-15?
Bird: No. No.
Donnell: No. No R-4.
Rountree: No R-4.
Bird: R-2.
Canning: No. The ---
Bird: L-O and R-15.
Meridian City Council
July 26, 2005
Page 68 of 72
Canning: Oh, you want to make the school L-O now?
Bird: We have got an R-4. We have got to leave that in there. Thank you, Anna.
Canning: Okay.
Bird: We just have to add that L-O to that. We knew we kept you here for some
reason.
Canning: Do I hear a C-N? Madam Mayor, Members of the Council, the maker of the
motion, just to clarify including all the changes discussed by the applicant, that is that
the landscape plan as submitted is sufficient for the 20-foot buffers. Is that what the
maker of the motion intended?
Bird: Yes.
Canning: Okay.
Bird: I do agree with that.
De Weerd: Okay. Any other points of clarification? Okay. So, the maker of the motion
is okay with where we are at right now?
Bird: When we see the development agreement and the Findings. Yes, I am.
De Weerd: And we probably want new Findings along with that.
Bird: Yes.
De Weerd: Okay. If there is no further discussion, Mr. Berg, will you call roll on Item
24.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Item 25. Mr. Bird.
Bird: Madam Mayor, I move that we approve CUP 05-027, with the -- oh, I'm sorry. I
got -- I'm on 26. I'm sorry. I move we approve PP 05-020, the preliminary plat. And to
incorporate staff and applicant public comments.
Wardle: Second.
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July 26, 2005
Page 69 of 72
Bird: And include -- well, we have already changed it to L-O up there, so we wouldn't
have to do it down here, would we?
Wardle: No.
Bird: We have already given the classification. So, that's the end of my motion.
Canning: Madam -- oh, I'll wait for a second.
Bird: What did I do wrong now?
Wardle: I will second it.
De Weerd: Okay. There is a motion and a second. Anna.
Canning: Nothing wrong, sir. Just wanted to clarify. On the -- with staff and applicant
comments, I think the comments specifically for the 35 foot sidewalk and the 20 foot
buffer are part of the preliminary plat. So, I just wanted to make sure that was --
Bird: Part of the preliminary plat. And we had already taken -- I thought we had
clarified that in the development agreement; is that not right?
Canning: I was just trying to make it clear for record. That's all.
Bird: So, it would be clarified in this, too. Is that not right?
Canning: Yes, sir.
Bird: Okay. Yeah. I agree with you, Anna. Thank you.
De Weerd: Okay. Anything further? Mr. Berg.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 26. Mr. Berg.
Bird: I will get on this one now. I move we approve CUP 05-027, request for
Conditional Use Permit, planned development, for Westborough Square Subdivision
and include all staff and applicant public comments. Thank you.
De Weerd: Okay. Motion to approve Item 26. Mr. Berg.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
Meridian City Council
July 26, 2005
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MOTION CARRIED: ALL AYES.
Item 27:
Ordinance No. 05-1167 AZ 05-014 Request for an
Annexation and Zoning of 19.72 acres from RUT to a R-8 zone for Sicily
Subdivision by Landmark Engineering and Planning - south of East
Victory Road and west of South Locust Grove Road:
Item 28:
Ordinance No. 05-1168 AZ 05-022 Request for Annexation
and Zoning of 1.3 acres from RUT to L-O zone for Touchmark
Subdivision by Touchmark of the Treasure Valley - south of East
Franklin Road and east of South Eagle Road:
Item 29:
Ordinance No. 05-1169 AZ 05-008 Request for an
Annexation and Zoning of 41.27 acres from RUT to R-4 for a new middle
school for McMillan and Meridian Middle School by Joint School District
No.2 - NEC of McMillan and Meridian Roads:
De Weerd: Thank you. Items, 27, 28, and 29 are ordinances 05-1167, 05-1168, and
05-1169. Mr. Berg, will you, please, read these three ordinances by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 05-1167, an
Ordinance for annexation of property located in the southwest quarter of the northeast
quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, and described in Attachment A and annexing certain land and territory situated in
Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of
Meridian as requested by the City of Meridian, establishing and determining the land
use zoning classification of said lands from RUT in Ada County to R-8, medium density,
in the Meridian City Code, providing that copies of this ordinance shall be provided, filed
with the Ada County Assessor, the Ada County Recorder, the Idaho State Tax
Commission, as required by law and providing for a summary of the ordinance and
provide for a waiver of the reading rules and providing an effective date.
Berg: Ordinance No. 05-1168. An Ordinance for annexation of property located in the
northwest quarter, northwest Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, as described in Attachment A and annexing certain lands and territory
situated in Ada County, Idaho, and adjacent and contiguous to the corporation limits of
the City of Meridian as requested by the City of Meridian, establishing and determining
the land use zoning and classification of said land from RUT, Ada County, to L-O,
. Limited Office, in the Meridian City Code, providing that copies of this ordinance shall be
filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax
Commission as required by law and providing for a summary of the ordinance and
providing for a waiver of the reading of the rules and providing an effective date.
Berg: Ordinance 05-1169, an Ordinance for annexation of property located in the south
1,020 feet of the government lot four and south 1,025 feet of the west half of the east
one half of the south one quarter of Section 30, Township 4 North, Range 1, East, Boise
Meridian City Council
July 26, 2005
Page 71 of 72
Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands
and territories situated in Ada county, Idaho, and adjacent and contiguous to corporate
limits of the City of Meridian as requested by the City of Meridian, establishing and
determining the land use zoning classification of said lands from RUT, Ada County, to
R-4, Medium Density, to the Meridian City Code, providing that copies of the ordinance
shall be filed with the Ada County Assessor, the Ada County Recorder, the Idaho State
Tax Commission as required by law and providing for a summary of the ordinances and
providing for a waiver of the reading rules and providing an effective date.
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: I move that we approve Items 27,28, and 29 with suspension of rules.
Bird: Second.
De Weerd: Okay. The motion is to approve the three ordinances that were read, items
27,28, and 29. Mr. Berg, will you call roll.
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
MOTION CARRIED: ALL AYES.
De Weerd: Mr. Berg, I think there is a vote here that we need different -- it's been in the
drawer a long time for a reason, because no one likes it.
Bird: I don't know. My draweris empty. We don't have anything else.
Donnell: I'd like to make a motion that we adjourn.
Bird: I second that. We are going to agree on something, Christine.
De Weerd: All those in favor?
MOTION CARRIED: ALL AYES.
\>
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Berg: We adjourned at 10:56.
J
Meridian City Council
July 26, 2005
Page 72 of 72
MEETING ADJOURNED AT 10:56 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
9 I Z-3 I tJ5'
DATE APPROVED
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