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HomeMy WebLinkAbout2005 11-01 . Meridian City Council Meetina November 1. 2005 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, November 1,2005, by President Shaun Wardle. Members Present: Shaun Wardle, Keith Bird, Charlie Rountree and Christine Donnell Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Bill Musser, Kenny Bowers, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X Christine Donnell X Keith Bird Mayor Tammy de Weerd Wardle: All right. I'd like to welcome everyone to our City Council meeting for the City of Meridian, Tuesday, November 1 st, and I will begin with roll call attendance. Mr. Clerk. Item 2: Pledge of Allegiance: Wardle: Thank you. Item No.2 is the pledge of allegiance. We will be led by some students from Centennial High School. (Pledge of allegiance recited.) Item 3: Community Invocation by Will Berg. Wardle: Thank you very much, ladies. I have pins for you. City of Meridian pins. Thank you very much. Item 3 is our community invocation. Pastor Brian Yeager with The Experience. Mr. Clerk, would you fill in for Pastor Yeager. Berg: Thank you, Mr. President. Could we all bow and take this time for community acknowledgement. Heavenly Father, let us thank you for this opportunity that we have to meet together. Thank you for the opportunities our community has given us to prosper and to experience the growth that we have. We want to thank you for the community spirit that we have, the acknowledgment that the kids and the youth have something in the future to grow to. We want to thank you for all these people that have volunteered in this community and to the national scope. We want to thank this body of governing patrons that have given the special services to lead our community. We want to have them enter this meeting with the wisdom and the knowledge that's been Meridian City Council November 1, 2005 Page 2 of 33 bestowed upon them to guide and direct us. We want to thank you this special time in your name, amen. Item 4: Adoption of the Agenda: Wardle: Thank you, Mr. Clerk. Item No.4 is the adoption of the agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: We do on the Consent have a resolution, which will be 05-492. And, then, on the regular agenda we have got one ordinance, which number will be 05-1198. And with that I would move that we approve the published agenda. Rountree: Second. Wardle: It's been moved and seconded to adopt the agenda with the noted resolution and ordinance numbers. All those in favor? MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of September 13, 2005 Pre-Council Meeting: B. Approve Minutes of October 18, 2005 City Council Regular Meeting: C. Approve Minutes of October 4, 2005 Pre-Council Meeting: D. Approve Minutes of October 11, 2005 City Council Regular Meeting: E. Findings of Fact and Conclusions of Law for Charaina Turn on Fee: Pre-termination Hearing for Ryan Wixson at 4343 East English: F. Amendment for On-call GIS Services with HDR Enaineerina. Inc.: G. Autumn Faire Well Lot Landscapina Contracts with Sunshine Landscape: Meridian City Council November 1, 2005 Page 3 of 33 H. Development Agreement: AZ 05-032 Request for Annexation and Zoning of .56 acres from R6 to L-O zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: I. Resolution No. 05-492 Declaring the Intent of the City of Meridian to Convey to the Ada County Hiahwav District for Riaht of Way Purposes Certain Real Property Located Adjacent to Settlers Park at Ustick and Meridian Roads in the City of Meridian: J. Notice of 2005 General Election Judaes and Clerks: Wardle: Item No.5 is the Consent Agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move that we approve the Consent Agenda, which includes Resolution No. 05- 492 and for the President to sign and the Clerk to attest on all proper papers. Rountree: Second. Wardle: It's been moved and seconded to adopt the Consent Agenda. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. City Council President - Shaun Wardle: Wardle: Thank you. Item No.6, Department Reports. I have just got a short acknowledgment. I'd like to knowledge that three of our community's high schools have made the state playoffs in football. Meridian, Mountain View, and also some of our residents attend Centennial High School. So, congratulations to those schools. Also as is the chair's prerogative, I'd also like to point out and celebrate the winning streak by the University of Idaho Vandal football team and -- Rountree: One in a row. Wardle: One in a row. So, in addition to that, the City Attorney's office would like to introduce a new staff member. So, Mr. Nary? Meridian City Council November 1, 2005 Page 4 of 33 Nary: Thank you, Mr. President, Members of the Council. It's hard to follow that. I am happy tonight to introduce Emily Kane. She's our new Assistant City Attorney. She started today with us. She's going to be a great asset to the city and to our office. We are really exited to have her here and we feel very lucky that she decided to join our office. She comes from the Attorney General's in their environmental division and she has a great deal of experience that's going to help the city in a lot of ways and so we are happy she's here and I just wanted you to have an opportunity to meet her tonight and she started with us today. Rountree: Welcome. Donnell: Welcome. Item 7: Items Moved from Consent Agenda: Wardle: Welcome, Emily. With that there were no items moved from the Consent Agenda. Item 8: FP 05-063 Request for Final Plat approval for 9 single-family residential building lots and 1 common area lot on 2.74 acres in a R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: Item 9: FP 05-064 Request for Final Plat approval of 52 residential building lots and 13 common lots on 16.61 acres in a R-8 zone for Bellinqham Park Subdivision No.1 by Bellingham Park, LLC - Locust Grove Road south of Victory Road: Wardle: Item No.8 is FP 05-063 for the final plat for the Enclave Subdivision and we also have Item No.9, FP 05-064, which is final plat for Bellingham Park Subdivision No. 1. Anna. Canning: President Wardle and Council, we have letters of agreement from the applicant on both those projects stating they are in agreement with the conditions of approval. Wardle: Thank you. Council, any further questions? Bird: I have none. Wardle: With that I would entertain a motion on both items. Bird: Mr. President? Wardle: Mr. Bird. Meridian City Council November 1, 2005 Page 5 of 33 Bird: I move that we approve FP 05-063 and FP 05-064, with staff and applicant comments. Rountree: Second. Wardle: It's been moved and seconded to approve Items 8 and 9. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 10: AP 05-003 Request for Appeal of the Planning and Zoning Commission's denial of Banff Subdivision Preliminary Plat by Landworks, LLC - 675 South Linder Road: Wardle: Item No.1 0 is AP 05-003, which is a request for appeal to Planning and Zoning Commission's denial of Banff Subdivision preliminary plat. I will begin with comments from the planning director. Canning: Mr. President, Members of the Council, this -- the one you opened is the appeal decision. There are two other concurrent applications. One is the Conditional Use Permit for the planned development and the annexation and zoning. I wanted to also, just as a note for the record, because this application was filed under the new -- or under the old ordinance, we are treating the appeal as if it were under the old ordinance, even though it was recently filed for. The question before the Council tonight is whether or not they want to hear the preliminary plat, along with the annexation, zoning, and Conditional Use Permit. Because as it is right now, you will not see the preliminary plat, unless you grant the appeal. So, the two options, as I understand it tonight, are that you grant the request for the appeal and, then, set a hearing date for all three applications. You would open and continue the one for the Conditional Use Permit and for the annexation and zoning. The earliest date that I believe we could get that notice for is November 22nd. The other option is to deny the request for the appeal and, then, you would just continue the annexation and zoning and Conditional Use Permit applications until we could prepare Findings for you. So, that could be as early as next week. Wardle: Thank you, Anna. A procedural for question for Mr. Nary. Is this a decision in which the Council takes any testimony or indication from the applicant or is this solely our discretion to either hear the appeal or deny the appeal? Nary: Mr. President, Members of the Council, you certainly can hear from the applicant if you wish as to that is their desire to hear it. I mean the nature of these appeals -- and you have seen a number of these over the years -- it's just because of the way our ordinances previously had been structured. You won't have this in the future with the Meridian City Council November 1, 2005 Page 6 of 33 way the UDC is now -- now formed. You won't have that type -- this type of separated application. But you can grant the appeal, if that is the applicant's wish -- and must be, obviously, that's why they applied for it. You don't have to have a hearing to make that determination. Again, you would be granting the appeal merely for the purposes of hearing the applications together, so it's really just the nature of the form of our ordinance, not because you're granting their appeal or approving their project or approving the plat, but just for the purposes of a Public Hearing. If you want to confirm on the record that that is what their intent is, you certainly can do that. Wardle: Thank you, Mr. Nary. Council? Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: My preference would be -- if we are going to hear this particular application, to have the preliminary plat along with the annexation request and the conditional use request as a package. I would not be inclined to react favorably to the other two without the preliminary plat. So, having said that, that doesn't necessarily indicate that this would move forward beyond a future hearing, but as a complete package would be my preference. Wardle: Thank you. And I believe the planning director clarified that in our new code that would be the procedure, everything would come forward together. So, this is one of those clean-up items from our old code. Council, is there any other discussion? I would entertain a motion. I believe we first need to act on the request for appeal and either approve an appeal or deny that and, then, move to the next two applications. Rountree: Mr. President, just a re-clarification from counsel. In a motion can we open the other two hearings and hold them open until we schedule a hearing for the 3rd or should we just act on the appeal first and, then, act on the scheduled hearings? Nary: Mr. President, Members of the Council, Councilmember Rountree, I don't know that it makes much difference. I mean I think the intent -- you're going to want to open the other two and continue those matters to the date certain. Whether you do that first - - it probably would be easier to continue your appeal and your plat matter to that date and, then, you could open the other matters and, then, continue those to the same date. And, again, I think if your motion -- just to clarify your motion, if you're going to do that, would be that you're granting the appeal simply for the purposes of hearing this project and it's not approval or denial of the project itself. Rountree: And another point of clarification, Mr. President. Anna, what kind of time do you need if we were to move forward with this? Canning: The preliminary plat needs to be re-noticed. So, the earliest it could be is November 22nd and that's plenty of time for us. Meridian City Council November 1, 2005 Page 7 of 33 Rountree: Okay. Thank you. Bird: Mr. President? Wardle: Mr. Bird. Bird: Mr. Nary, I'm a little confused here. We are acting upon a request -- appeal on the Planning and Zoning on the preliminary plat; is that right? And we haven't even annexed it. How can we be doing that? We haven't annexed and zoned it. That's not until the next item. So, how do we -- how do we enact upon a preliminary plat when they are not even in our -- in our area of impact -- in our jurisdiction? Nary: Mr. Mayor, Members of the -- Bird: Or did I miss something? I mean I could have. Nary: No. Mr. President, Members of the Council, Councilmember Bird, what you're acting on is a request for an appeal. You're not acting on the plat. If you're going to grant the appeal, the appeal is simply to hear the plat. You're not making a decision on the plat. You're making a decision whether or not you choose to hear it. So, all you're doing is setting it over to hear it and you're going to set over the other matters to hear them on the same date. So, as I said, technically, if you want to open the other ones now and move them to the date, you can certainly do that as well. But all you're granting is an appeal. You're not hearing the plat itself. That's why we have to provide notice and have a hearing on that on the 22nd. Bird: But follow up, please, Mr. President. Wardle: Sure. Bird: But, Mr. Nary, don't we have to have it annexed and zoned before we have a preliminary plat that we can -- whether deny or approve? Nary: Correct. And on the 20th -- Bird: And they are not. Nary: But -- Mr. Bird, Members of the Council, but you're not acting on the plat, you're acting on their appeal. They have applied for you to hear it and all you're doing is you're granting their opportunity to be heard on their plat. You're not going to hear that plat before you take up the annexation 'question of whether to annex them on the 22nd. So, tonight you aren't making any decision on their plat, all you're making is a decision to hear it here on the 22nd. Meridian City Council November 1, 2005 Page 8 of 33 Bird: But, Mr. Nary, what would be the difference of somebody out in the county coming in and asking us to deny or approve their preliminary plat without being annexed or zoned? Where are we legally -- and I'm not saying we are not, I mean because I'm not no legal eagle, but I just -- we have always been told that you had to be annexed and zoned before you made decisions on preliminary plats, final plats, CUPs, and everything like that. Nary: But, Mr. President, Members of the Council, that hasn't changed, Mr. Bird. No one can come and ask you to talk about their plat without it being annexed. The problem is it's the way our ordinances are currently drafted -- the older ordinance -- not the new UDC -- was the plat gets heard separately and is a separate final decision by the Planning and Zoning Commission, so their only opportunity for you to hear them is by granting their appeal to just hear their request for that plat in relation to that annexation. So, you aren't going to make a decision on the plat tonight, all you're making is a decision to hear it. Wardle: And, Mr. Bird, if I could just clarify real quick. Discussion with the planning director was in the old code the power of the Planning and Zoning Commission was to hold the plat. They could hold the plat from going forward without a recommendation, as I understand it. The other applications come forward to the City Council in the old code regardless. Nary: And the reason that worked -- made sense -- or did make sense is if you were dealing with property that's already annexed, then, you wouldn't have to worry -- you wouldn't have to have your -- every single plat come forward to the City Council, it could be heard at the Planning and Zoning Commission. But when it's tied together, there was no mechanism in the old code to keep them together for you to hear them all, because, otherwise, you're stuck in the quandary that Councilmember Rountree stated, where without the appeal you cannot hear the plat, but you have to hear the annexation and the conditional use, which would have no relationship to anything without the plat. So, you would have to have them all together. It was just a deficiency in our old code that occasionally would crop up like this, where we would have one piece of it not tag along with the rest of it that you would see. But, Mr. Bird, what -- your recollection of what you have had previously hasn't changed. You aren't deciding on whether their plat is appropriate, is drawn properly, it has the right setbacks, it has the right lots, it has the right anything, all you're making a decision on is whether you will choose to hear that with the other projects and that's it. Bird: Okay. Wardle: Thank you. Further clarification, Council? Bird: No. Donnell: Mr. President? Meridian City Council November 1, 2005 Page 9 of 33 Wardle: Mrs. Donnell. Donnell: I'd like to make a motion that we do approve the request for appeal and that we would set that date at November 22nd, if that is appropriate for the planning department. Rountree: I will second that if you're done. Wardle: Okay. Donnell: Yes. Wardle: It's been moved and seconded to approve the request for appeal and to hear that appeal of the final plat on November 22nd. Mr. Clerk, roll call vote. Roll-Call: Bird, nay; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 11: Public Hearing: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Item 12: Public Hearing: CUP 05-036 Request for a Conditional Use Permit / Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Wardle: With that I will open Items No. 11 and Items No. 12, AZ 05-033 and CUP 05- 036, for the purpose of continuing these two items to be heard with the preliminary plat on November 22nd. I will need a motion to that effect. Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: I would move that we would continue the hearings on Item No. 11 and No.1 0 at that same time, November 22nd. Wardle: Item 12. Donnell: Is it 12? Wardle: Yes. Donnell: 11 and 12. Meridian City Counçil November 1, 2005 Page 10 of 33 Rountree: Second. Wardle: It's been moved and seconded to continue public hearings on 11 and 12 to November 22nd. Mr. Clerk, roll call vote. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: PP 05-042 Requ!3st for Preliminary Plat approval of 3 building lots and 1 common lot on 10.85 acres in a I-L zone for Weed and Pest Control Campus Subdivision by Ada County - on East Pine Avenue west of North Locust Grove Road: Wardle: Thank you. Item 13 is a Public Hearing, PP 05-042, preliminary plat for Weed and Pest Control Campus Subdivision by Ada County. I will open with staff comments. Canning: President Wardle, Members of the Council, I'm having a really hard time not calling you Madam Mayor. I really apologize if that slips out. Wardle: Please don't. Bird: That would be fine. Rountree: We'd enjoy that. Bird: We would enjoy it. Canning: This project is the Weed and Pest Control. It's on the south side of Pine Avenue, west of Locust Grove. You can see it highlighted. The site is currently vacant. You have seen a couple of residential applications on it prior to this, as well as you approved a lot split in the southeast corner previously. The applicant is proposing three lots and a road extension in this preliminary plat. There are no uses proposed right now. They are coming forward with a Conditional Use Permit. Normally at this time, because of the Comprehensive Plan designation of mixed-use community, you would see a Conditional Use Permit, but the applicant has agreed that they will do them individually, as they develop the site or they will come in for a concept plan for a CU at a later time. So, that's why you're not seeing it today -- tonight. There are no elevations, because, as I said, there are no uses proposed. The Planning and Zoning Commission did recommend approval at their October 6th, 2005, hearing. There were no key issues of discussion and to our knowledge there are no outstanding issues before Council. I would like to note on the record that there has been a question about an access drive that's being proposed with the construction drawings and that would be located on the west side of the property. I spoke with the applicant's representative today and he's going to come in and submit an alternative compliance for the landscape buffer that's Meridian City Council November 1, 2005 Page 11 of 33 required and will we work together and figure out the appropriate thing to do there. So, that will get done at staff level. . Wardle: Thank you, Anna. Questions of staff? Would the applicant like to come forward? If you will, please, state your name and address for the record. Fluke: Thank you, Mr. President. Daren Fluke, JUB Engineers, 250 South Beechwood in Boise. We are representing Ada County on this application. It's a fairly simple plat. As Anna stated, we will be back in front of you -- or back in front of the Planning and Zoning Commission, I suppose, with a conditional use application for the Weed and Pest Control building, which will be located here on this lot. I don't think there is, you know, a lot to talk about with this application, so I think I'll just leave it at that and if you had questions I would be happy to answer those. Wardle: Thank you. Council, questions of the applicant? Bird: I have none. Donnell: None. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: Just explain the street extension and the connectivity. Fluke: Currently Pine Avenue sits on the north of the site. We will be dedicating additional right of way for that, as well as building a detached sidewalk within the right of way, the future right of way. We will have a driveway that aligns here with Stonehenge, that's approved by ACHD as a 40-foot commercial approach. We will also be extending this stub street here, which is Commercial Drive or Avenue, I forget what the designation is. Commercial Street. I mean that, basically comes up with a little S curve and comes about to the property here, where it will be left as a stub street for future extension. ACHD's thinking is that it will align with the Broadway right of way here and will connect in the future. So, we don't have any other plans other than that at this time. Rountree: Thank you. Wardle: Thank you. This is a Public Hearing. Is there anyone else that would wish to provide testimony on Item No. 13? Mr. Rountree? Rountree: Mr. President, seeing no further comment, I move that we are close the Public Hearing for Item 13. Bird: Second. Meridian City Council November 1, 2005 Page 12 of 33 Wardle: It's been moved and seconded to close the Public Hearing on Item 13. All those in favor? MOTION CARRIED: ALL AYES. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I would move that we approve the request for preliminary plat for Item 13, PP 05-042. Donnell: Second. Wardle: It's been moved and seconded to approve Item 13. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Wardle: Item No. 14. Before I open this, applicant had called staff with a conflict and -- is the applicant -- Canning: I do not see the applicant, unless she's out in the hallway. Wardle: Applicant has asked that we move -- with Council's permission, move to Item 15 and hear Item 14 after Item 15. Bird: That would be my preference. Item 15: Public Hearing: VAR 05-021 Request for a Variance to allow three access points onto Eagle Road for Kohl's Department Store by W.H. Moore - NWC of North Eagle Road and East Ustick Road: Wardle: Item No. 15. I will open the Public Hearing on VAR 05-021. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I'm going to recuse myself on this item. Wardle: Okay. Thank you. For the record, note that Councilman Rountree has recused himself. After that recusal, I will, again, open the Public Hearing on the request for variance for Kohl's Department Store and begin with staff comments. Meridian City Council November 1 , 2005 Page 13 of 33 Canning: President Wardle, Members of the Council, this is the Kohl's Department Store project. It's located at the northwest corner of Eagle and Ustick Road. Right there. And it is all these properties here. The application that's before you tonight is just the variance application. The applicant is seeking a variance from the Unified Development Code provisions restricting access to the state highway, Eagle Road in this case. The city adopted these provisions just recently and they were largely in response to ITD's -- did not appear to have the authority to restrict access points to the extent that the city did and that was one of the driving forces behind those -- that article specifically dedicated to development along state highways. The variance application pertains to the full 58 acres, even though the Kohl's Department Store is only on a portion of that. So, it really pertains to the Center Point Marketplace development. And that was annexed under the name Blue Marlin, you may remember. In the staff report Mr. Hawkins-Clark went through a number of documents related to this variance application and I'm just going to hit a few of those. One of them was the Unified Development Code and the purpose statement that the -- it is to limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public. And, then, more specifically that access points would be only allowed at the section line road and the half mile mark between section line roads and that these half mile connecting streets would be collector roads. There is an existing development agreement that was done when Blue Marlin was approved, now Center Point Marketplace, and there are a few specific paragraphs on that that are worthy of noting. Paragraph 4.1 does cite the Comprehensive Plan policies that pertain to the mixed use regional designation and those policies strongly discourage direct access to Eagle Road and/or other arterials in Meridian. Then, paragraph 5.A.3 states that any future plan shall show a continuous public or private road system that goes from Ustick Road north and may connect to the north boundary and may also connect to Eagle Road if allowed by lTD. And the applicant has brought this up as signifying that the access point was approved. Staff does want to point out that this does say may. We do concur that this opens the door for a potential access, but it is not a given. It does say may and staff still believes that ITD's recent approval of the three access permits is in potential conflict with this one and the following one where it talks about a single access point or seems to imply a single access point. And that second item is paragraph 5.F.2, which was ITD's conditions and those ITD conditions stated that access to principal arterial type four will be intersections only, spaced at one half mile intervals in urban areas. Approaches other than intersections may be permitted in special cases on a temporary basis as follows -- and they would be allowed until the state highway is improved by construction projects, at which time an access will be provided to the property, which may not directly access the state highway system, but maybe be a frontage road or back-age road and that's the collector road that we were talking about before. And, then, temporary accessory restrictions will be noted on the permit. So, they did imply that it would be -- or that the latest -- the letter stated that they would be temporary access. The other document I wanted to go over was the Eagle Road arterial study. This was endorsed by the City Council and ACHD commission. The study does include the following recommendations. One would be that the paragraph 3.11 was the center median will Meridian City Council November 1, 2005 Page 14 of 33 be continued is over the length of the corner -- corridor. Breaks in the median will be provided at appropriate quarter mile spacing, but final determination of location of the median breaks should be flexible enough to accommodate reasonable access to existing development on parcels. The point there is the quarter mile spacing on that issue. And, then, paragraph 3.2.6, the existing circulation network within and between existing developed parcels should be reconfigured to reduce the number of access points to Eagle Road and to allow more local trips to be made without the need for travel on Eagle Road. This concept should be incorporated in the municipal planning and zoning policies. And this is, again, why we were asking for the back-age road and it's really our hope that there is connection to Wainwright. We fear that if there is too many access points allowed directly to Eagle Road, that we will never get the connection to Wainwright, which is the half mile road, which would be the preferred location for that traffic to get out onto Eagle Road. The last thing I wanted to talk about was the ITD open permits on State Highway 55 and, you know, I have spent -- obviously, spent more time on this than I usually do on a staff report, but part of that is there are a lot of applications coming down the pike that I think it's important that the City Council, once a precedent is -- even though variances aren't supposed to set a precedent, obviously, there is a number of developers looking at what happens tonight to see what they will be able to get on their property and I wanted to point some of those out for you. The ones that are shown in yellow triangles are ones that have been granted by ITD, so that the ones you see tonight are shown in yellow, even though ITD has granted them, that's the question before the city tonight. These are all open applications and, then, these are, again, granted or existing permits. And, then, this purple one is not an active application. That's the Kleiner property. In discussions with the realtor for that, he's started talking with ITD, he has not filed a permit at this time, but it's a very likely location. And this is just the mile and a half between Fairview and Wainwright. So, you begin to see the number of access requests and already approved access points along there. Okay. The next thing I wanted to talk about was the actual memorandum from ITD regarding Center Point Marketplace and although they granted the permit, there is some interesting language in there. It talks about state highways that -- that a key element -- they are a key element in preserving a roadway's mobility function and managing access to a facility and they are supposed to provide a high degree of mobility and serve longer trips and since movement, not access, is their principal function, access management is an essential tool to preserve capacity and safety. And, then, new access points, whether signalized or not signalized, reduce capacity, increases crashes, increases motorist delay and reduced speed. The facility becomes congested with numerous conflicts and crashes, lowers the level of service, increases cost for motorists, and creates more demand for capital improvements. Finally, we get to the various findings, which is what is really before you tonight. There are three findings. The first is that variance shall not grant a right or special privilege that is not otherwise allowed in the district. Staff feels that if City Council grants the three access points to Eagle Road, it would grant a right that is currently prohibited for all new development adjacent to state highways. The Olsen property to the north -- the staff report findings point out some cross-access opportunities going up to the north and that there is, really, only one missing connection to Wainwright at this time. The second finding for the variance is that the variance relieves an undue hardship because of Meridian City Council November 1, 2005 Page 15 of 33 characteristics of the site. There is no physical characteristic on this site which demands access points be constructed to Eagle Road. It does have 1,200 feet of unobstructed access to Ustick Road. And the third variance finding is that it shall not be detrimental to the public health, safety, and welfare. It's pretty clear from the ITD letter and from other letters that the more access points you allow on the state highway, the more potential there is for accidents there. Now, the staff report also notes there are a considerable number of accidents or crashes within the city that occur along Eagle Road corridor. And the staff report did point out that they recommended that Meridian fire and police departments provide further testimony on the issue. I'm not sure if Brad actually talked to them about that or if they are prepared to do that tonight, but that was raised in the staff report. So, with that I will end my presentation. Wardle: Thank you, Anna. For clarification, staff report indicates Findings for denial of this application. Were the Council to consider a motion for approval, they would need to send Findings back to revision; is that correct? Canning: Yes, sir. Wardle: I'm going to ask real quickly if the chief has any additional comment, seeing how he was mentioned in the original staff report. Chief Musser. Musser: President Wardle, excuse me, Members of the Council, I would -- excuse me tonight. I would have to concur with Planning's recommendation to this point. To open up additional accesses along this arterial at this point just begs for the increase in collisions to occur. As we have collisions occur it does back up the traffic, it creates more of a havoc for the motoring public, especially at three distinct times of day, the morning, the afternoon, and, then, the early evening. Additionally, I guess from lessons learned, we can look to Boise City and the access that they had with certain residential areas up on the northern end of Eagle Road as it approaches Chinden, which did force a traffic light due to a single fatality that brought up a lot of concern and I guess the questions, ultimately, I would pose is the same that you have to respond to the public with is how many lives does it take for us to learn a lesson to be able to move forward with the potential for cross-traffic and accesses on multi-lane roadways like this, especially where the speeds exceed 35 miles per hour. In this case they are still at 50. So, my recommendation from the police department would be to limit the accesses as much as possible and follow the recommendations at this point. Thank you. Wardle: Thank you, chief. Would the applicant, please, come forward? And, Mr. Seel, if you will, please, state your name and address for the record. Seel: Certainly. Good evening. Jonathan Seel with W.H. Moore Company, 1940 Bonito, Meridian. Is this on Powerpoint, Anna? I was told -- Canning: Yes, sir, it is. Seel: Could you -- Meridian City Council November 1, 2005 Page 16 of 33 Canning: There is it. North is right headed, so that north is heading toward the right of the room. Seel: To give you a very quick bearing, this would be Eagle Road and there is Ustick. This is the northwest corner. I think Anna has probably addressed most of the things from the staff report. As she mentioned, what we are asking for today is a variance that would allow for the three access points. This is right-in, right-out only. This is a full access. It lines up with Bald Cyprus. You can see over here at the Lowe's where they line up with their driveways across the road. And this is a right-in, right-out only also. I'd like to first give you a little bit of history on this project. Back in the fall of last year we were approached by Kohl's Department Store, as well as we had interest from other retailers with respect to this project at the northwest corner, which we refer to as Center Point Marketplace. At that time, based on some of their criteria, with what they were looking for -- we met with ITD starting in December of '04 and at that point we started discussing access points. The feedback from them was -- I'll call it encouraging. They didn't say yes, but they didn't say no. We had numerous meetings with them afterwards. In fact, we had one meeting with lTD. We had one meeting with the City of Meridian, which included the Mayor, Council Members. Anna was there. And also ACHD senior people. During the course of this last year ITD asked us to do a traffic study, which Stanley Consultants, Gary Funkhouser, did. During that study he -- ITD asked for what amounted to about 19 different versions to look at for this whole area to take into account. I, obviously, don't expect you to read this, but this is the traffic study that was completed. We submitted this to ITD in September of this year. They sent us a letter which stated that they had approved the three access points and I believe you have a copy of that letter. It was submitted today. The part that, I guess, that I'm -- I'm bringing that up is because I think as Councilman Rountree -- I know he's recused himself, but I think he can certainly attest -- getting access points in Eagle Road is -- takes a little bit of work. We have spent the last year doing this. During this time ITD has spent a great deal of time and we spent a great deal of time and money substantiating to them that -- that we feel that there is a -- I guess you would say safety -- that it's safe in order to put these three access points in and they agreed with us on this. This is not based on just some preliminary information. It's certainly not based on flying blind. We have spent probably six or eight or ten meetings with them over the course of the last year. It's taken literally almost a year to get to this point. So, I bring this up, because I feel that if ITD feels that it's safe to put these access points here, then, that should give, I would believe, the City of Meridian some comfort in this process. The other thing that I wanted to pass out here -- and I think this will address a little bit of Anna's concerns. Okay. If you look at this map, you will see over there -- you will see a future back-age road. You will see an area around it that's, I guess -- I don't know what you call that. Purple. That's our property. Again, you will see Lowe's across the street. We met with ACHD. We had a tech review last Friday. At the tech review we have agreed -- and as we agreed in the development agreement -- that we would construct a back-age road -- and it's shown here on this, but it does continue right here. Now, keep in mind, this is a preliminary location. This may alter east or west somewhat, depending on the thing, but as you will notice on your site plans, where it goes to our Meridian City Council November 1, 2005 Page 17 of 33 north property line, that's where ACHD wants it to tie in and you will see where it ultimately comes up to Wainwright. We are prepared to put this in. This will be a public road. It will be 40 feet back from back of curb to back of curb, plus sidewalk, plus ten feet of landscaping on either side of it. That crosses that, but the land and the improvements will be well over a million dollars when it's complete. But we have agreed with ACHD -- and Gary Inselman is here, he could certainly attest to that -- that we will be putting this in as we develop this thing. Right now from our point to Wainwright, there is a small section up here that I'll call a cul-de-sac -- the balance of that land has not been purchased and as far as timing goes, it's unclear. But, again, once that's put in we will connect to it. So, hopefully, that addresses staff's concerns that we are not trying to avoid a back-age road. The other thing I might bring out -- and I think, hopefully, everybody's been able to test it out -- last Friday we opened up Ustick, both east and west of Eagle Road. This is seven lanes at this intersection going down to five lanes and, then, tapering down. Between Winston Moore and Dave Turnbull, they spent over a million eight hundred thousand dollars on that and we opened up last Friday. Obviously, we will get that money back through impact fees, but we don't know when. But the point that I bring up for both these things is that I think Mr. Moore is willing to do the things to I think enhance traffic or travel off side the Eagle Road corridor where we can do that. So, we are trying to make that possible. Another thing that I think I would like to bring up at least at this point is that when we had a meeting last week with -- or last month with the Mayor, with Anna, with Bill Nary, Mr. Nary made a comment at that point about how we could get -- I guess, basically, how we could -- I'm struggling for the word. Mr. Nary, you can help me out here, but as far as the variance - - in other words, essentially, we had submitted this concept plan well in advance of the new Unified Development Code and I talked to Mr. Nary today, so everyone understands that I'm not blind siding him, and ask him if he could articulate that tonight, what he said in front of the Mayor, in front of Anna, and everyone else at that meeting. So, if you would, Mr. Nary. Nary: Mr. President, Members of the Council, do you want me to do that now or do you want to have him finish his presentation or -- Seel: I'd like you to do it now. Nary: It's up to you. Wardle: Council? Bird: Don't matter to me one way or the other. Whatever the applicant wants, as far as I'm concerned. Wardle: Mr. Nary, Go ahead. Nary: Mr. President, Members of the Council, we had a meeting with Mr. Seal, Mr. Moore, planning staff, the Clerk, the Mayor. Certainly, if the Council wants to consider on that particular point, that is one of the applicant's arguments as to why they should Meridian City Council November 1, 2005 Page 18 of 33 have this variance, is that at the time this project was considered or the land was annexed into the city, there was discussion -- but I think Mr. Hawkins-Clark also mentions that in the staff report, that there was some language in the development agreement that tends to support their point that there was consideration about access to Eagle Road and how that access might be accomplished, but nothing more specific than that. So, they don't have a grandfather right, necessarily, because they didn't have specific access or a specific layout or a specific design in mind at the time it was annexed, but it certainly was considered by this Council at the time of annexation that they would be requesting something of this nature at the time. So, you can certainly -- if that's a distinguishing point to you in relation to other future projects, then, one of the considerations you have to make in the variance is whether or not this is granting some special right and, as the staff report indicates and Mrs. Canning's staff report indicated, obviously, there is a concern about the other properties, along with this property, that are in the adjacent areas that would be seeking access to Eagle Road as well. If that point is distinguishing to you why this project might be different, it might be under your consideration to grant this variance, that's certainly your way to do that if you wish. Is there any other question about that particular point? Seel: Okay. Thank you. Continuing on. Another thing that I think was brought up in the staff report and it's probably not terribly clear, but, again, if you look here, you will see what ITD plans as far as Eagle Road. These kind of colored lines along here, the median strips, are what they intend to do. Within our project, within '08 or '09, they plan to do median strips along this area. So, ultimately, in either '08 or '09 this will be, potentially, a left-in only. So, again, I think that, hopefully, addresses some of the concerns of the long term. They talked about in the staff about permanent versus temporary. I guess I would say that this is probably a temporary full access point at this point, so -- and, then, finally, I just -- for I guess what it's worth, you know, we have a letter here from the Mayor back on August 15th and I believe you have a copy of this. It mentioned it in the staff report. That's my only copy. I'll give it to you. But on page two you will note in there that it will say in there that -- to paraphrase, that if ITD approves this project and the access points that she -- that the Mayor will support it. So, again, we have had some indications along the way that we believe that we will be supportive and this was mentioned in the staff report. Don't believe the letter itself was actually attached, but it was put in there. I guess in closing I was going to talk a little bit about Kohl's, but I know Cheryl Brown is, so I won't steal her thunder, but I guess I would just simply say that we -- we would strongly encourage the Council -- I understand what you're faced with today, but I would strongly encourage your Council -- and I hope we have provided some mitigating circumstances to approve this. Without this project, even though I guess that's not a technical concern for you, the Kohl's project will go away and with it everything else that we have been working on. So, with that I would be glad to answer any questions that you might have. Wardle: Thank you. Bird: Mr. President? Meridian City Council November 1, 2005 Page 19 of 33 Wardle: Mr. Bird. Bird: Jonathan, tell me -- now, the one is a right-in, right-out? The first one off of -- first north of -- that one. Seel: This is a right-in, right-out. Bird: What's the next one? What's the next one? Seel: This is a full access. This lines up with Bald Cyprus, which is the street -- Bird: It's full access? Seel: Full access. And, then, this is a right-in, right-out. And this is the Olsen property that we talked about as far as access. I'm not sure how we would get access over here. Like I say, ACHD's intention is to have access here from a back-age road. This back- age road will, basically, go like that. Bird: Well, I'm not sure Olsen is in our city anyway. Seel: He's in Boise. Bird: He's in Boise. Seel: Yes. Bird: So -- but, of course, we judge on them, too, now. Okay. You answered my question. Thank you. Wardle: Council, additional questions? Thank you. Seel: Okay. Thank you very much. Wardle: I have one person signed up to testify on this application. Ed Bollinger. If I'm pronouncing that correctly. Ed has left the building. He was signed up neutral. Is there anyone else that would wish to testify on this application? Brown: Cheryl Brown. Members of the Council, as the city's independent-- Wardle: Mrs. Brown, if you could state your address for the record, please. Brown: Would you want my home address or do you want-- Bird: Your place of work. Wardle: Place of work is fine. Meridian City Council November 1, 2005 Page 20 of 33 Brown: 33 East Idaho Avenue. Wardle: Thank you. Brown: City Hall. Members of the Council, as the city's independent economic development contractor, I'd like to state the positive, the Kohl's does have -- and will add to the economy in Meridian. They are going to bring an estimated 100,000 dollars in property tax revenue to Meridian, just Kohl's alone. They are going to add 150 new jobs to this area. Currently, there is not a Kohl's in Idaho. By having this store in Meridian, it will add to the variety of choices that we can offer to our citizens. Major retailers are currently looking to locate next to Kohl's. With Kohl's being the anchor tenant, this will draw new businesses that will offer a wider variety and more opportunities to Meridian. I believe I can target the higher end retailers to this area if Kohl's is anchored here. W.H. Moore projects are up scale and they have all the right ingredients that these high end companies are looking for. This project is going to impact our city by adding revenue, job creations, and offering our city an opportunity that no one in the state currently has. Kohl's is a very active corporation that contributes to kids and provides youth programs. Last year they put 20 million dollars back into the community across the country and I feel they will be a very active part of our city for our City of Meridian. Kohl's, being only eight acres of a 58 acre parcel, this will generate a significant amount of additional jobs, revenue, services, and amenities for the City of Meridian. Do you have any questions for me that I can answer for Kohl's, on behalf of Kohl's, on behalf of the economy for Meridian? Wardle: Council, any questions for Mrs. Brown? Bird: I have none. Brown: Thank you. Wardle: Thank you. Is there anyone else? Moore: My name is Winston Moore. I reside at 11665 Thomas Drive in Boise. Members of the Council, I'm not here tonight to hang my hat on Kohl's. Kohl's would be a tremendous asset to the community, but I don't -- to me, that's not the crux of the matter tonight. The staff has given you every reason in the world and then some, as I read that report, to refuse and deny our request tonight. I think if the decision is made purely on technical, legal, staff data, I don't think I have a prayer of your granting the request. I'd like to approach it from a different angle. This is -- this is a very very significant and substantial matter, when you preclude access from a major highway and something in my mind, having been in business for 55 years, something of that significance should not be retroactive. You put us in a position where for four years we have been encouraged by, essentially, everyone in city government to proceed with this project, going clear back to Mayor Corrie and we have had numerous numerous hearings and meetings and all kinds of accolades and congratulations and at no time, to Meridian City Council November 1, 2005 Page 21 of 33 my knowledge -- I'm not as close to this as Jonathan is, but at no time to my knowledge has anyone said to us -- until I found out on the 12th of September -- that, by the way, all those marketing materials you have had based on your approvals and meetings over the years, are no longer valid, because all those accesses are going to be taken away. You can't respectfully -- I'm not -- please, everything I say I mean with great respect. You cannot put a businessman -- a business person in that position, where you, essentially, cause him to go to the marketplace with some very strong national retailers and restaurants and others who are not here, and make commitments and -- about access and traffic and so on, and, then, pull the carpet out from under him. When the retailers look at an area, they are interested primarily in two things. I mean a lot beyond that, but they like to talk about roof tops, which are aerial photographs showing the residences within a mile and three miles and five miles and access. Access is one of the first things on their mind. And so we, obviously, address that in order to make progress, which we have done here. This is -- I feel I have been blind-sided on this. This is -- the first I heard of it was on the 12th of September and one of our engineering firms sent me a memo that reads as follows: This is a copy of a statement that one of my other clients sent me. I met with the Meridian city planning department today. Anna Borchers-Canning, the planning director, wanted to make sure we knew that the Meridian City Council has decided to take a very strong stand regarding access onto Eagle Road. That is the way it should be done. In my opinion, when a new project comes -- if we.. were coming to you today with a new project, you know, we wouldn't be having this meeting. Over the years we have been aware of all the conditions, all the zoning, all the ordinances and so on. We live with those. We analyze it to see if we can make a project work. If we can we proceed. If we cannot, obviously, we don't. Anna did exactly the right thing there. Somebody came in with a new development and she warned them. She said, you know, you just -- beware you're not going to have any access or limited access, whatever it is. As a result of that e-mail that I had, I contacted the Mayor and she was kind enough to reply bye-mail and she says, Winston, this should not affect the project that you have been working on, as it began the process before this was adopted, nor is your project affected by the Council's endorsement of the results of the Idaho 55 Eagle Road Arterial Study workshop and recommendation that the Idaho Transportation Department implement their recommendations of the final report. And she goes on to say: The city will support the results of the committee's review and the results of the committee's review is the letter that I believe you have a copy of where ITD grants us the three access points. I contacted one or more of the City Council people to just see, really -- to validate what was happening. This says: Winston, what we passed won't affect your project. It has already been approved. We have left these decisions up to the ITD people. Wardle: Mr. Moore, if I could have you just, please, summarize your statements. Moore: You want me to finish? Wardle: Please. Meridian City Council November 1, 2005 Page 22 of 33 Moore: Again, I think what you have before you is almost a matter of right and wrong, of ethics and scruples and fairness and how you treat the business community when they come before you. I think this is a special circumstance. Certainly not because it's myself, but because this has been going on for a long time, it's not a new project, and I don't feel that it's fair at all to make it retroactive to this project. Questions? Wardle: Thank you, Mr. Moore. Questions, Council? Bird: I have none. Donnell: No. Wardle: Thank you very much. This is a Public Hearing. Is there anyone else that would wish to testify on this application? Mr. Seel, short rebuttal, if you would like. Seel: Jonathan See I. I really have nothing to add, other than I think it just underscores the point that, hopefully, that Council understands that this process was started well in advance and I think it would give you, hopefully, the opportunity to view this different than the ones that are coming in, in the future, which I can appreciate the dilemma here, so with that, unless there is any questions, I will sit down. Wardle: Thank you. Seel: Thank you. Bird: Mr. President? Wardle: Mr. Bird. Bird: While we are still in Public Hearing I will make a couple little statements. Wardle: Okay. Bird: First of all, we are not granting anything new along Eagle Road. The frontage road is a great idea, which we looked at about eight or nine years ago, and it wasn't adopted. ITD is the ones that run that road and I have to go off of theirs. I believe if you look at the Ada County Sheriff's Department, I think most of the wrecks are between Franklin and -- well, the freeway and Fairview Avenue, where we have got about every eighth mile an on and off and they are not right-ins, right-outs, they are both. This project has been in the works a long time before we did this. I have had the privilege and I think Mrs. Canning and everybody else has sat in on projects with ITD and ACHD regarding different projects and one of them being this and never was mentioned that who was doing it. I realize that we adopted the corridor thing, but it was also, like the UDC that we adopted, it was to come afterwards. It did not hinder previous projects or projects in the works. So, while I don't like a lot of in and outs, I also want to see a lot of nice business come and I believe that's what it takes. I believe ITD knows what they Meridian City Council November 1, 2005 Page 23 of 33 are doing on the state highways, much more than I do. So, I have got to support this and will support it. Wardle: Thank you, Mr. Bird. Any further comments, Council? No? Okay. Hearing no further testimony, I would entertain a motion to close the Public Hearing. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we close the Public Hearing on VAR 05-021. Donnell: Second. Wardle: It's been moved and seconded to close the Public Hearing on Item No.5. All in favor? MOTION CARRIED: THREE AYES. ONE ABSTAIN. Wardle: Council, just to reiterate, the Findings we have in front of us are for denial of this application. If the Council would choose to move something other than denial, an approval, we would need new Findings to come back from the staff. Bird: Mr. President? Wardle: Mr. Bird. Bird: I would move that we approve VAR 05-021 and to bring back next week new Findings of Facts and Conclusions of Law showing this in a favorable position. Donnell: Second. Wardle: It's been moved and seconded. For clarification, Mr. Bird, staff is asking for two weeks for the Findings. Bird: That's okay on the Findings. Wardle: Does the second agree? Donnell: Agreed. Bird: Yeah. That will be fine. Wardle: It has been moved and seconded to approve Item 15, VAR 05-021, and to bring back Findings in the affirmative. Point of clarification and discussion, Mr. Bird. Meridian City Council November 1, 2005 Page 24 of 33 You did mention in your testimony that you were working off an approval from lTD. Are you wishing that -- Bird: That would be part of the Findings that become public testimony. And their findings was -- was allowing that. Now, what the right-in, right-out, whatever, that's between them and the developer. It has nothing to do with us. Wardle: Okay. Mr. Nary, did you have a question? Nary: Mr. President, Members of the Council, you know how sticky I am about these variances. Just to make sure that we are covered, if you could articulate your reasons for that -- I think what I heard Mr. Bird say was this project, because it was previously annexed into the city, is that your reason for why the variance is appropriate for this and so that it's not necessarily every property along Eagle Road, because this was previously annexed and that was part of the development agreement -- Bird: I think I stated in my motion -- or in my statement while we were still in public testimony that this project had been before the other stuff was adopted -- had been brought before it. To my knowledge no other project was brought through. To my knowledge Kleiners hadn't come through, Smith-Hawkins, just to throw the -- Olsens or them out, have not come through, so, no, they are not included. We will look at them on an individual basis. Nary: And the only reason I asked for clarification, Mr. Bird, Sadie Creek to the south on Eagle and Ustick was annexed into the city, doesn't have a project before you currently and that's the one I guess I'm concerned with. If that's your reasoning, that's fine. We just want to make sure that it's clear. Bird: That's is my reasoning. Nary: Oh, there is an application. Bird: To my knowledge I have not seen anything on Sadie Creek. Wardle: And thank you, Mr. Nary. If I can just clarify the motion further. As I understood it from Mr. Bird, that the variance be approved based on prior commitment through an annexation and conditional use and to incorporate the comments from the Idaho Transportation Department in a letter dated -- Bird: September 20th, I think it is. Wardle: September 29th, 2005. Is that how the second -- Donnell: Yes. Wardle: Okay. Thank you very much. Mr. Berg, will you, please, call roll. Meridian City Council November 1, 2005 Page 25 of 33 Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 14: Public Hearing: PP 05-044 Request for Preliminary Plat approval of 60 single-family residential building lots and 4 common area lots on 23.9 acres in a R-4 zone for BridQetower Crossina Subdivision No. 14 by Primeland Development, LLP - north of West Ustick Road and west of North Linder Road: Wardle: Thank you. Is the applicant present for Item 14? Bird: Mr. President? Wardle: Mr. Bird. Bird: Anna, with -- Becky's usually pretty clean. I mean is there any problems that -- the reason she wanted to be here or something? Or had to be here? Or did we have any -- did you have any problems? Canning: No, sir. Actually, it was one of the cleanest applications -- well, I feel comfortable going forward. Bird: Let's go. Canning: It's up to Council. Bird: I'm for going, if the rest of the Council -- Mr. President, if you are, I am. Rountree: I'm okay. If there is any questions I guess we can hold it. But if it's -- Canning: That would be my only concern. Rountree: If it's straight forward, we can act on it. Canning: Or if there is public testimony in opposition, I would certainly think that you would need to continue it. Okay. Just give me just a second. Wardle: Council, while Anna's doing that, I will open Item 14, PP 05-044, preliminary plat for Bridgetower Crossing Subdivision No. 14 and begin by taking staff comments. Canning: Mr. President, Members of the Council, thank you. I just lost my notes. This is Bridgetower Crossing No. 14, as you said. It's north of Ustick and west of Linder. The area is highlighted in the circle there. It's within the -- about the center of the Bridgetower development. They are proposing 60 single-family residences and four Meridian City Council November 1, 2005 Page 26 of 33 common lots on 23.9 acres in an R-4 zone. The subject property was originally part of Bridgetower Crossing, which received annexation and planned development approval in 2002. There were a total of 692 single-family lots, 59 town home lots, 17 office lots, ten commercial lots, and 58 common lots on 370 acres. So, it's, obviously, a larger project. The property received additional preliminary plat approval in 2003 as Bridgetower Crossing East and that was -- had 439 single family lots and 50 common lots on 209 acres. This area was originally approved for very large single-family lots in this kind of urban setting. The applicant has submitted a new preliminary plat that adds 11 additional lots, but these are still relatively large lots, generally exceeding 11,000 square feet in size. The gross residential density is 2.51 units per acre. And the Planning and Zoning Commission did recommend approval at their October 6th hearing. The key issue of discussion was amount of open space proposed in the subdivision and we had this -- this issue -- and this was originally part of a larger planned development where the open space was provided elsewhere, but this application, because it came in on its own, had to kind of stand on its own. The open space that's provided is an existing cemetery, surrounded by sand bottom storm water detention basin, so there was a question as to whether that should apply toward the open space. But, again, this was originally approved as part of a larger project. To our knowledge, there are no outstanding issues, except for the amount of open space, with regard to this project. And I will take any questions you might have. Wardle: Thank you, Anna. Questions for staff, Council? Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: So, Anna, without the cemetery being included in that open space requirement, do they not meet the requirement? Canning: As you look at your staff report, the original condition that was proposed to the Planning and Zoning Commission that the applicant bring it up to five percent is struck out. So, I think that the Planning and Zoning Commission made the interpretation that the plat did meet the five percent with the cemetery lot and with the ties to the other planned development, which exceeded the five percent open space. Donnell: Sure. Thank you. Wardle: Thank you. Further questions for staff? Donnell: No. Wardle: Okay. Is there anyone that would like to testify on this application? Council, we don't have an applicant present at this point. Staff has made their presentation. There is no additional public comment. Meridian City Council November 1, 2005 Page 27 of 33 Canning: Mr. President? Wardle: Anna. Canning: Mr. President, Members of the Council, if I might make a suggestion. If you were to approve it, but not approve the Findings tonight, you do have Findings. If you were to wait a week to approve the Findings, that would give the applicant the opportunity to request reconsideration of the Findings if she had a concern about one of the Findings. Donnell: Okay. Canning: I think would work. Rountree: Or just hold it up for a week. Bird: Or we could just hold the public hearing open for a week, can't we, Anna? Which would you prefer? Rountree: Same difference. Canning: It's the same difference, so you might as well do that, then, she doesn't have to request reconsideration. Bird: With that, Mr. President, I would move we continue the Public Hearing for PP 05- 044 to November 9th, 2005. Rountree: Second. Wardle: It's been moved and seconded to continue Item No. 14 to November 9th, which is Wednesday. All those in favor? MOTION CARRIED: ALL AYES. Canning; Should I direct the applicant -- I'm sorry. Mr. President, Members of the Council, should I direct the applicant that that's only for the purpose of them objecting to modifying conditions of approval? Donnell: Uh-huh. Bird: Yeah. Wardle: Yes, please. Canning: Okay. Meridian City Council November 1, 2005 Page 28 of 33 Item 16: Ordinance No. 05-1198 Request for Annexation and Zoning of .56 acres from R6 to L-O zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: Wardle: Item No. 16 is Ordinance No. 05-1198. Mr. Clerk, will you, please, read this ordinance by title only. Berg: Thank you, Mr. Present, Members of the Council. An Ordinance for annexation of property located in part of Lot 8, Block 4, of Doris Subdivision, located in the northeast quarter of Section 6, 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 corporate city 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 R-6, Ada County, L-O, Limited Office District, 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. Wardle: Thank you, Mr. Clerk. You have heard this ordinance read by title only. Is there anyone that would wish to hear it read in its entirety? Seeing none, Council? Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: I'd like to make a motion that we approve Ordinance No. 05-1198, AZ 05-032 request for -- I'm sorry. What? Wardle: With suspension of rules. Donnell: With suspension of rules. Rountree: Second. Wardle: It's been moved and seconded to approve Item 16 with suspension of rules. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Wardle: Thank you, Council. Bird: Mr. President? Meridian City Council November 1, 2005 Page 29 of 33 Wardle: Mr. Bird. Bird: Before we have an adjournment -- and maybe you're going into this, but we need to decide are we going to have a meeting between Christmas and New Years, the 27th? I think most years we have always cancelled on that. We need to let staff and other people know now. Wardle: Council, it would be my preference to have that Tuesday off. Bird: That would be my preference, too. Wardle: We have much work to do in the City of Meridian, but every now and again I think that, especially in the holidays, staff members schedule vacations around that time. So, that would be my preference, Council. Bird: Mine, too. Wardle: Unless I hear an objection, I would direct -- Rountree: So moved. Wardle: -- to -- thank you. Bird: Also, Mr. President, I have been asked to -- AspireOn needs to meet with us in mid December for about an hour and a half to two hours. Do you want to do that at a pre-council, come in at 5:00, like say on the 13th? Wardle: Mr. Bird, a question I have is what would be the nature of the meeting with AspireOn? Bird: Ask Mr. Clerk. He's the one that's bringing the message from the Mayor. I'm just -- Rountree: You're just a bearer of-- Bird: I just the bearer of good news. Berg: And don't shoot the messenger. Wardle: You're closest. Berg: Thank you. Mr. President, Members of the Council, I think the intention was to update you with what AspireOn is doing, and also to talk about the function of the City Council with the rest of the city staff and if Mr. Nary, who is more intertwined with the AspireOn work, he might have something else to add. Meridian City Council November 1, 2005 Page 30 of 33 Wardle: Mr. Nary. Nary: Mr. President, Members of the Council. Mr. Berg is correct. Part of the discussion, I think, is so that you, as the Council, can see the interaction that AspireOn has, but, really, it is to talk about the relationship of the Council with the staff and how the alignment of the city's strategic plan, the behavioral model that we adopted through you, the position accountability definitions that we have created for staff and directors and the Mayor and all the different departments of the city and how the Council's relationship is to all of those things, so that you, as the Council, can see the whole picture of that and see the role that Council plays in how those are accomplished. So, it is a real working workshop is what's intended, it's not just a report, it's really an interactive workshop discussion about those things, so -- Wardle: Thank you, Mr. Nary. Council, it sounds like a workshop discussion. Anybody have any objection to December 13th? Bird: I don't. That's something you can decide when you set the agenda, whenever you feel up to it. Rountree: A pre-council meeting, if you want to do it. Wardle: We will set that at a pre-council agenda for the 13th, Mr. Clerk, and invite any of those who mayor may not have been elected to a position for 2006. Bird: Yeah. The new ones can come. And he can buy lunch, too. Or, no, the president buys lunch, right? Wardle: That would be January. Supper. Rountree: Something other than pizza. Bird: Yeah. Goodwood would be fine. Also, Mr. President, we are having Comp Plan amendments and it seems like they are getting ran through without -- and it's probably just because I'm the slowest one around here. I would like -- I'd like these to be discussed in a pre-councilor something before we are -- they are shoved to us to change and I'd like to have a week or so to look at them. Sometimes if we hurry these, we are going to make a mistake. Wardle: Mr. Bird, if I may just comment on the Comprehensive Plan amendments. I believe the Planning and Zoning Commission considered four of those, have made -- is that correct, Mr. Nary? They have made recommendations. Staff asked for direction. My direction was that there are specific Comp Plan amendments which are coming forward with specific projects. My understanding of the statute is that the Planning and Zoning Commission can only hear and comment on Comp Plan amendments every six months. However, the City Council can take action and approve or deny those amendments whenever they choose. And so for the virtue of hearing all of those at the Meridian City Council November 1 , 2005 Page 31 of 33 same time, I have asked staff to bring those forward with an active application. If you'd like to see something different, certainly, let me know. Bird: Well, I just -- Mr. President, excuse me, I just want to make sure that we have time to look it over and make sure that we are doing what's best for the community. And sometimes we get in a hurry and we don't do what's best, so -- Canning: Sir? Bird: And I'm as guilty as the next guy. Wardle: Anna. Canning: Two issues. One, I didn't understand what you meant about bringing them forward with an active application. . Wardle: As the clerk's office and I and the city attorney's office talked in our agenda meeting, it appears that the two most pressing of these issues are also tied to specific land use applications; is that correct? Canning: Let me just back up a little bit and tell you about the four applications that are headed your way. One is a text amendment, which can come to you anytime. It's not a map amendment. So, they -- that doesn't have the same kind of restrictions placed upon it. One is the north Meridian area plan. That is a very large, very complex project, and I believe that Mr. Hawkins-Clark wanted to be able to have a workshop with you. Whether it needed to be a Public Hearing or not, we haven't really discussed, but I do believe he wanted to do a workshop style with you on that issue. The other two applications, the Planning and Zoning Commission made a rather unusual recommendation and that was to recommend approval, but they asked that the Council not hear those applications until the accompanying development applications came before you and I think that that's what you're referring to. So, if that's the Council's desire, then, those will just -- we can just put those on -- just table them to a date certain and, then, we will just re-notice at that time, because they do need to submit a complete new application. And I'm not completely sure that one of those applications will ever happen. So, we would hope to move on the north Meridian area plan and the downtown design guidelines, so -- Bird: Mr. President? Wardle: Mr. Bird. Bird: I would just lay it upon you and the clerk and Mr. Nary to bring it forward. All I ask is just give us time that we won't -- they won't hit us and, then, we vote on them at the same time and I think you three are very capable of doing that. Wardle: Thank you. And 1-- Meridian City Council November 1 , 2005 Page 32 of 33 Nary: Mr. President? Wardle: Mr. Nary. Nary: And just one more other -- a point of clarification from the process standpoint. As Mrs. Canning stated, two of those applications have that somewhat unusual recommendation, but you haven't approved that as your process you would like to follow. So, what we would recommend is that at a point you will have to probably make that decision formally on your agenda that that's your desire to wait until the project comes forward and, then, set that off and, then, notice it up properly. But, obviously, we didn't notice it up tonight, but you will have that decision to make, but, you're right, Mr. Bird, you won't have that in one hearing to have to, then, make a decision, you will have the opportunity to have that discussion and, as Mrs. Canning stated, Mr. Hawkins- Clark felt one of those needed a workshop to discuss up front before you got to that, so Bird: Okay. Before I make a motion to adjourn, I got one other thing. Okay. You got the Vandal victory, which is -- I think was great. I root for them when they don't play Boise State. But if you guys all will look in the Valley NewsTimes -- and I think it's next to the last page, we have a person, that on the 5th, is turning a big five 0, one of our employees. Donnell: Who might that be? Bird: Well, sitting down at the end of the table. Wardle: Happy Birthday, Mr. Berg. Bird: Charlie and Christine and I wish we were turning 50 this year. Berg: You want to see it again, uh? Rountree: One more time. Bird: One more time. Donnell: Then, again, Mr. President? Wardle: Mrs. Donnell. Donnell: We certainly want to encourage everyone to make sure that they vote in the city election on November the 8th. At the appropriate precincts, for those that are still in the audience and are of voting age. Meridian City Council November 1, 2005 Page 33 of 33 Wardle: And, Mr. Berg, doesn't that mean that you usually age two years in an election year; is that correct? Berg: Seven. Wardle: So, next Tuesday is Election Day. Please do your civic duty and vote. And we will have our meeting on Wednesday, November 9th. With that, anything further, Council? Rountree: I move we adjourn. Donnell: Second. Wardle: It's been moved and seconded to adjourn. All in favor? MOTION CARRIED: ALL AYES. Wardle: Thank you very much. MEETING ADJOURNED AT 8:27 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) I / /7 / () 6 DATE APPROVED