Loading...
HomeMy WebLinkAbout2006 06-22 Meridian City Council Special Meetina June 22. 2006 The special meeting of the Meridian City Council was called to order at 7:00 P.M., Thursday, June 22, 2006, by Vice-President Joe Borton. Members Present: Keith Bird, Charlie Rountree, and Joe Borton. Members Absent: Mayor Tammy de Weerd and Shaun Wardle. Others Present: Bill Nary, Will Berg, Anna Canning, Jeff Lavey, Kenny Bowers, Len Grady, Steve Siddoway and Dean Willis. Item 1: Roll-call Attendance: Roll call. o Shaun Wardle X Charlie Rountree o X Joe Borton X Keith Bird Mayor Tammy de Weerd Borton: Welcome to the City Council meeting, Thursday, June 22nd, 2006, 7:12 p.m. Appreciate your coming on a Thursday, instead of a Tuesday. We will begin with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: Borton: Item No.2, the pledge of allegiance, to be led Bryce Hurst. (Pledge of allegiance recited.) Borton: Hey, Bryce. Bryce. Rountree: You get a prize. Borton: You get a prize for doing the pledge. You get an opinion and I'm rarely, if ever, Mayor, so you get a Roaring Springs pass, too. Just remember who gave it to you. Rountree: When you're 18. Bird: Talking about campaigning. Item 3: Community Invocation by Pastor Bud Henthorn with Meridian Gospel Tabernacle: Borton. Item No.3, community invocation. I'd like to welcome Pastor Bud Henthorn, from Meridian Gospel Tabernacle to lead us. Thank you, Bud. Merilli<lll Cily Council June 22, 2006 Page 2 of 37 Henthorn: Heavenly Father, we thank you for this day. We thank you for the friends and the family and the neighbors that we have shared this day with. We thank you that we have walked through this day with you right beside us, with an awareness of your presence. We thank you, God, that you empower us to communicate with one another, to understand one another. We thank you, Lord, that when we come together to do the work of building a city, that you are there with us bringing unity according to your own nature. We ask, God, that your blessing would be with us tonight. We ask, Lord, that your blessing would be with our Mayor and her families as they are traveling. We ask, Lord God, that when we go to our own homes this evening that we would do so with a profound awareness that there is a loving Heavenly Father that is there with us again tonight, in Jesus' name, amen. Borton: Thank you, Bud. Henthorn: Roaring Springs? Borton: Half a diet Coke? Bird: Where is his Roaring Springs pass? Item 4: Adoption of the Agenda: Borton: I'm out. Item No.4, adoption of the agenda. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move that we approve the agenda as published and that would include resolutions 06-520 and 06-521 and ordinances 06-1237 and 06-1238. Rountree: Second. Borton: It's been moved and seconded to adopt the agenda. All in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of May 2, 2006 City Council Regular Meeting: B. Approve Minutes of April 18, 2006 Pre-Council Meeting: C. Approve Minutes of May 2, 2006 Pre-Council Meeting: D. Approve Minutes of May 9, 2006 Pre-Council Meeting: Meridian City Council June 22, 2006 Page 3 of 37 I. Water Main Easement Aareement for Pathways Elementary School by Meridian School District: J. Permanent and Temporary Easement Contract for Vance and Sandra Janicek for 2006 Trunk Sewer Project: K. Chanae Order No. 1 for the North Slouah Trunk Line with Sommer Construction: L. Ratification of Aareement consentina to security interest in lessees leasehold interest at the LakeView Golf Course: M. Water Main Easement Aareement for Stow-It with Venga Ventures, LLC: N. Sanitary Sewer Easement Aareement for Arnke Subdivision by Meridian School District: O. 1st Amendment to Americorp Youth Coordinator Aareement between the City of Meridian and Franklin L. 'Bud' Henthorn: P. Approve I Award Contract for Parks Master Pathway Plan to Alta Planning and Design: Q. Approve Contract and Scope of Work for Meridian Youth Baseball Complex with McAlvain Construction: R. Approve Contract with Recreation Idaho for the Adventure Island Splash Pad Eauipment Purchase: S. SHP 06-004 Request for Short Plat approval for 2 building lots on 12.3 acres in an I-L zone for Lanark Surplus Subdivision by Meridian Joint School District No. 2 - 2311 East Lanark Street: T. Development Agreement: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C-C (3.68 acres) for Hiahtower Subdivision by Hightower, LLC - southwest corner of Chinden Boulevard and Jericho Road: U. Contract with Irminaer Construction for Pressure Reducina Valve near the intersection of Kodiak and Stoddard: V. Resolution No. Update: Water Master Plan Meridian City Council June 22, 2006 Page 4 of 37 W. Resolution No. UDdate: Sewer Master Plan Borton: Item No.5, Consent Agenda. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: On the Consent Agenda, Items E, F, G and H have been asked to be continued to June 27th, 2006, and the rest of the Consent Agenda will stay as is and for -- I move that we approve it with the vice-president to sign and the clerk to attest on all papers. Rountree: Second. Borton: It's been moved and seconded to adopt the Consent Agenda as amended. All in favor say aye. Roll call? Berg: Mr. President, we will do roll call vote on the items in the Consent, any documents that may need that, if I may. Borton: Roll call on the Consent. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Legal Department - Bill Nary 1. Discussion of Community Recycllna Fund for Solid Waste Advisory Committee for Adventure Island Playground: Borton: Item No.6, Department Reports. Legal department. Bill Nary. Nary: Thank you, Mr. Mayor. Thank you, Mr. Mayor, Members of the Council. What you have in front of you is a request from the Solid Waste Advisory Committee for the recycling funds -- each of these projects as they- come along during the course of the year are bought back in front of you for separate approvals. What's being asked here is 25,000 dollars out of recycling funds, which is less than half of the cost of the total project that's being presented. This is for the Adventure Island Playground at the Settler's Park location. This was discussed and recommended by the Solid Waste Committee to be brought back in front of you and to be funded from those recycling Meridian City Council June 22, 2006 Page 5 of 37 funds. There is adequate money in the account to be able to fund that. So, if it meets your approval, it would just need a motion and a vote to approve that. Rountree: Mr. Mayor? Borton: Mr. Rountree. Rountree: In training. I move that we approve the request for recycle funds for the completion of Adventure Island Playground. Bird: Second. Borton: It's been moved and seconded to approve the allocation of funding from the recycle funds. No discussion? Roll call. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Planning Department - Steve Siddoway 1. Approve I Award Contract for Ten Mile Interchanae Specific Area Plan to HDR, Inc.: Borton: Thank you, Will. Department Report B, Planning Department. Steve, the award contract for the Ten Mile interchange program. Siddoway: Thank you, Councilman Borton and Members of the Council. This item is a -- the contract for the Ten Mile. It could have been on the Consent Agenda, but I wanted to give a chance for some discussion and dialogue and update you on the process. It's one that we are very excited about. Working backwards, our deadline for delivery of this product is the 1 st of December, so that we can create and submit a Comp Plan amendment from it for the December 15th cutoff. We are hoping for approval of the contract and notice to proceed tonight, so that we can meet the time lines in the contract. There are four major elements to this contract. The first is a market study to make sure that everything that we come up with in the land use planning efforts is based on the market for the area and region. Second is a land use plan that will refine the existing Comprehensive Plan land use designations. The third is a transportation element that will look at access management along those roads and at least down to a collector road system level and should marry hand in hand with the land use plan. The fourth item deals with the Mayor's desire to raise the bar and increase the quality of development in Meridian and we are looking to prepare some urban design standards for products that are built in that specific area plan area. The Mayor and Council's desire -- oh, Mayor and Council's desire as to quality. That's what she's saying_ Okay. There was a presentation to the Mayor and Council I believe the end of last month by Anna Canning that gave you some background information on this Meridian City Council June 22, 2006 Page 6 of 37 project. The highlight, if you will, of this whole process is a charrette week that falls in the end of September where there will be an intensive design process, four days long, public agencies all invited to participate. There are separate agency coordination meetings, a public meeting ahead of that, and lots of groundwork to be done before charrette week and lots of work to be done preparing the plan after charrette week, but the charrette week itself is the -- what I would call the pinnacle of this process and one that should -- is a new process and a very exciting one that should bring a new quality of planning effort to this whole valley. I just wanted to point out on budget -- we did ask the consultant to provide information demonstrating that they were staying within the budget during the current fiscal year, which we have 70,000 available this fiscal year through the end of September and, then, the total amount is 97,000 and change for the total contract, but we did verify that the two fiscal years are within budget for the contract and with that I will stand for any questions. Borton: Thank you, Steve. Any questions? Bird: Yeah, Mr. Mayor? Borton: Mr. Bird. Bird: Steve, I seen the 70,000 -- not more than 70,000 in fees shall be incurred prior to October 1 st, 2006, but reading through this I don't see the total price down there. Am I missing it? Siddoway: Yeah. In the contract -- if you go to the -- Exhibit B, which is the compensation, all of the individual items are line itemed and the ones that are selected to be part of this contract are right in item one on page one under scope of services. So, everything in the basic scope, which is up to the 82,460 is included and, then, we are adding to that items 2.1, 2.2, 2.3 and 2.9, which are the fourth day of charrette -- oh, sorry, the market analysis, urban design element are included in that 82,000. The fourth day of charrette. And, then, 2.9 -- we had tried unsuccessfully to find a consultant for the industrial land study, which was a 5,000 dollar budget item and they have agreed to do that as part of this contract. So, that's the other addition. Bird: Okay. Siddoway: The total is 97, 140? 97,460 dollars. Borton: Any other questions? Rountree: Yes, sir. Question for either Steve or Anna. This makes me think about be careful what you wish for in the process that you set up, particularly if you're -- you're going to enter into a public process. What are the constraints on what can be considered? What's allowed there currently or what's going to be allowed there currently based on our Comp Plan or is it an open book? There is going to be some public expectations when they walk in that door that they can do something and, for Meridian City Council June 22, 2006 Page 7 of 37 instance, you get an organized effort to stop commercial development or stop industrial development or stop residential development or whatever. Have you factored that into the -- how the process is going to be directed. Not saying it needs to be directed to any one of those, but that what side boards are going to be put on the process? Is it a complete open book or -- Siddoway: You're talking about during the charrette process? Rountree: Yes. Siddoway: Things are fairly open. Just like -- I would look at it as any Comprehensive Plan update. We are looking to -- as with any Comprehensive Plan update, we do a lot of research up front to see what our existing constraints are, find all the data that we have, and make -- we will have that available during charrette week. There is a lot of work on the front end. There will also be stake holder interviews, property owner interviews done. There will be agency coordination meetings and a public meeting prior to charrette week to educate the public how to best get involved and provide input. Rountree: Okay. So, that front end work with the private owners-- Siddoway: Would help educate the desires for that -- Rountree: So, we get an idea of what they are contemplating based on their knowledge of what's going on -- Siddoway: Most definitely. Rountree: -- what they knew when they acquired the property -- Siddoway: Uh-huh. Rountree: -- what they were anticipating, what flexibility they have, are they an open book, are they anxious to see what comes out of the market surveys, and flexible to that degree. And that will be available and somewhat put side boards and on what folks are going to be able to think about and work towards. Siddoway: It will all be -- it will all come together and be considered as the whole. We will be definitely considering the desires of the existing property owners in the area, if that's the concern. Are you worried that there is too many possibilities and too many different ideas or am I missing the point? Rountree: I'm concerned that you go into this and you haven't thought through of your worst nightmare and it happens and, then, what do we do? Bird: Yeah. Ml:lfillian Cily Council June 22, 2006 Page 8 of 37 Canning: Councilmember Rountree, I think -- I think I understand your concerns. With the amount of research we are doing at the front end, I think we will have an opportunity to take a really off-target suggestion and say, no, we have this information that would suggest that that's not appropriate. Let's think about what it is you want out of that that maybe we can incorporate in. And I think we can -- you know, we are going to have to not be friends with everybody necessarily, but -- I mean it just takes some standing up and they have informed we all have to be there the whole four days, so -- Rountree: Oh, very good. Canning: And the consultant is quite experienced at this and I'm sure they have dealt with that and have some good tools for redirecting those conversations. So, I think it's worth -- well worth the risk in this case to -- Rountree: Just making sure you have given it the thought you have. Thank you. Borton: Any other questions? Rountree: I have none. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: Steve or Anna, either one can answer this. Has our legal department looked this contract over? Siddoway: The template is from the -- from the legal department. Nary: Oh. Okay. Siddoway: It's legal department's contract. Bird: Okay. Thank you. Borton: No further -- Rountree: I have no further discussion, Joe. Borton: Then, I move we approve the award of the contract for the Ten Mile interchange not to exceed 97,460 to HDR, Inc. Rountree: Second. Borton: It's moved and seconded for the approval. Any discussion? Seeing none, Mr. Berg. Meridian City Council June 22, 2006 Page 9 of 37 Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. 2. Update on South Meridian Area Plan Phase Two contract and timeline: Borton: Thank you. Item No.2, the update on the South Meridian Area Plan Phase Two contract. Rountree: Mr. Mayor? Borton: Mr. Rountree. Rountree: I move that we move forward with the phase two contract for the South Meridian Area Phase Two Plan. Bird: Second. Rountree: In the amount stated. Borton: It's been moved and seconded to move forward with the South Meridian Area Phase Two Plan contract. Any discussion? Bird: Mr. Mayor? Borton: Mr. Bird. Bird: Is there a total price on that, Anna? I'd like it for the- record. Siddoway: It is under 50,000. I was just going to jump in and say is we, actually, do not need Council approval, technically, on this one. It is on here as an update. The Mayor has signed it. As a contract under 50,000, it is eligible for the Mayor to approve. We just wanted to make sure that the Council was aware of the project and the time line associated with it, but the contract amount is for just under 50,000 dollars. Borton: Okay. It was approved anyway. Siddoway: All right. Thank you. It's approved both ways. Borton: I see the March 31 st, 2005, to the one you're referencing. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Items Moved from Consent Agenda: Meridian City Council June 22, 2006 Page 10 of 37 Borton: Item NO.7. Items moved from the Consent Agenda. I don't think any of them were. Item 8: Request to Withdraw Applications for Baltic Place Subdivision Addition by LC Development and Request for Refund of Fees: Borton: Item No.8, request to withdraw applications for Baltic Place. Canning: Councilmember Borton, other members of the Council, we have had a request to withdraw this application. We received it fairly early -- very early in the process, actually. We had spent some time reviewing it for completeness and pre- application meetings and general discussions. The applicant has proposed 500 dollars to compensate for the time we have spent and staff feels that's a reasonable amount, so that would be a refund in the amount of 3,155 dollars. Borton: Okay. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move we approve the refund to LC Development, Incorporated, in the sum of 3,155 dollars. Rountree: Second. Borton: It's been moved and seconded to approve the refund. Any discussion? Seeing none, roll call. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: FP 06-025 Request for Final Plat approval of 57 single-family residential lots, 7 common lots and one alley access lot on 11.72 acres in an R-8 (PO) zone for Crossfield Subdivision No.2 by Heron River Development, LLC - 955 W. Ustick Road: Borton: Item No.9, FP 06-025, request for final plat. Canning: Councilmember Borton, your notes will say there is an outstanding issue. I think staff has worked through this and we feel confident that there is not an outstanding issue at this point. There is a landscape lot that will not have trees that was specifically requested and approved during the preliminary plat process. So, staff is -- there are no outstanding issues before Council that staff is aware of. Meridian City Council June 22, 2006 Page 11 of 37 Borton: Anna, do we need to make reference to a specific finding that is withdrawn on that concern or -- Canning: No. Just to that approve it with the applicant's comments, with changes to reflect applicant's comments and their response letter. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move we approve FP 06-025 with applicant and staff comments. Rountree: Second. Borton: It's been moved to approve FP 06-025. Any discussion? Hearing none -- all in favor. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Continued Public Hearing from May 9, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium-High Density Residential zone for Casa Meridiana by Insight Architects - 1777 Victory Road: Item 11: Continued Public Hearing from May 9, 2006: CUP 05-060 Request for a Conditional Use Permit for a 32-unit multi-family development in a proposed R-15 Medium-High Density Residential District for Cas a Meridiana by Insight Architects - 1777 Victory Road: Item 12: Public Hearing: VAC 06-008: Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision by Conger Management Group - southwest corner of N. Locust Grove and Chinden Boulevard: Borton: Thank you. Items 10, 11, and 12 have all been continued. Bird: Mr. Mayor? Borton: Or will be. Bird: Yeah. I move that we continue Items AZ 05-0267, CUP 05-060 and VAC 06-008- - wait a minute. Yeah. I can do all of them even if they are not the same? To July 18th, 2006. We are going to do it that way anyway. Borton: July 18th? Meridian City Council June 22, 2006 Page 12 of 37 Bird: Yeah. Rountree: I'll second it that way anyway. Borton: And reopen the Public Hearing on all three of those. After having opened the hearing. Bird: They were continued public hearings. so they were -- okay. Borton: Did you second them? Rountree: I did. Borton: All right. Moved and seconded. All in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: Public Hearing: AZ 06-016 Request for Annexation and Zoning of 5.08 acres from RUT to R-4 (Medium-Low Density Residential) zone for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: Item 14: Public Hearing: PP 06-010 Request for Preliminary Plat approval with 14 single family residential lots and 2 common lots for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: Item 15: Public Hearing: VAR 06-008 Request for a Variance to maximum cul-de- sac length requirement for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: Borton: Item 13, AZ 06-016. Open the Public Hearing request for annexation and zoning for Quarterhorse Subdivision and begin the Public Hearing with staff comments. Canning: Councilmember Borton, other members of the Council -- Borton: Fourteen and fifteen. Excuse me. Well, 15 is a variance. Thirteen and fourteen. Fifteen is a variance and needs to be taken up separately. We can hold the Public Hearing, but you can't discuss it. Bird: You're right. Canning: It would be -- sometimes we do not open the variance when there is a Councilmember that wants to recuse himself from that discussion, but, generally, the variance applications -- Borton: Open the Public Hearing on Items 13, 14 and 15. Meridian City Councll June 22, 2006 Page 13 of 37 Canning: Thank you, sir. This is the Quarterhorse project. It's located at the southeast corner of Black Cat Road and Pine Avenue as shown here. Please note that it's bounded by Pine on the north, Black Cat on the west, and Quarterhorse on the south. So, it Is nearly completely surround -- or surrounded on three of four sides by existing streets. You can see it's in large lot rural acreage currently. This is the proposed application. It is an annexation and zoning, preliminary plat, and variance request. And the proposed density is 2.75 units per acre. It's a little over five acres and they are asking for R-4 zoning and, then, a preliminary plat of approval of 14 lots. Amenities for the development include an open space lot at the terminus of the cul-de-sac and parkway planters adjoining the streets. The applicant is also seeking a variance to the cul-de-sac length, which is normally 450 feet. This one is 545 and I will talk more about that variance request. The Commission has recommended approval at their April 20th hearing. Ryan Carney spoke -- from Lochsa Engineering spoke in favor of the application. George Hanike spoke in opposition. And no one commented. The key issues of discussion by the Commission were the access and the turnaround. This plat that you see here was mirrored -- it was turned kind of flopped over from when the Planning Commission saw it. So, the original one that the Planning Commission saw had the road coming in here and, then, the cul-de-sac here. There was a problem with the fire department turnaround because of the length between the street and the end of the publiC street. So, by kind of flip-flopping the layout, they were able to get their approved turnaround at this point. This Quarterhorse Lane is currently a private lane and they would make it a public street to the end of their property, so even though the lane continues, this would be the end of the publiC road and that's why the access became important. So, the key Commission changes to staffs initial recommendation were that they did ask the applicant to rotate the proposed east-west cul-de-sac so it kind of flip flopped and also to require that they post Morgan Horse Court as not a through street and that's this cul-de-sac here. The outstanding issue before Council is the variance request and, again, as I noted before, it's currently 545 and our standard is 450. This is a unique piece of property. Staff did support the variance request. And as I pointed out to you earlier, this does have frontage along Pine. It has frontage along Ten Mile. It has -- it's providing a public street, Quarterhorse Lane, and they don't take access off of any of those streets. The only access they are taking -- road that they are taking access from is this Morgan Horse Court. So, requiring more street frontage didn't seem appropriate or equitable in this case. So, staff did support the variance. There are -- if the fire department needed to get through a backyard for some reason, they would have access from Pine. They could possibly take access from Black Cat. Have I been calling it Ten Mile today? I think I have. And -- or from Quarterhorse. Sorry. And I have also -- the ACHD final report -- generally when we go to prepare our staff reports we have the draft report from ACHD. Apparently the final report had a number of changes that weren't caught in the findings that are before you tonight. I have provided you a sheet that has those revised findings on it. They weren't substantial, but we have shown them in underline and strike out version, so for the applicant this is what their ACHD approval is. It's just all we have done is copy the right ones into the site specifiC conditions of approval. So, this is not -- shouldn't be new information to the applicant is what I'm trying to say. We are just trying to make the two documents consistent, so that Meridian City Council June 22. 2006 Page 14 of 37 there is not confusion later on. That's all. I don't believe that they warrant discussion, unless Council has a question about any of those specifically. Okay. And with that staff is not aware of any other outstanding issues. Borton: Thank you, Anna. Any questions? Bird: I have none, Mr. Mayor. Rountree: None. Borton: Will the applicant come forward. Carney: Yeah. I am Ryan Carney with Lochsa Engineering representing M2 Land, LLC, owner and developer of this property. Address is 1311 West Jefferson, Boise, Idaho. I guess just in general I'll say I concur with all staff recommendations. There is a couple of small issues in that ACHD staff report that came out with regard to some of the improvement requirements along Black Cat and Pine, but besides that, if you have any specific questions I'll stand for those. Bird: I have none. Rountree: Mr. Mayor? Borton: Yes. Rountree: I don't like to make assumptions, so I'm asking you are all of the dwellings that are currently there going to be removed or are portions of them going to remain? Carney: All of the -- yeah, the dwellings and any other buildings -- I don't know that they are all dwellings -- they will be removed -- Rountree: Okay. Carney: -- with this application. Rountree: Thank you. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I don't have any questions, I just want to give the staff and the applicant a compliment for bringing forth a project like this with the size lots and the low density and I certainly appreciate it and I hope it's setting a standard for out in that area. I want to thank you guys. Meridian City Council June 22, 2006 Page 15 of 37 Borton: Any questions? Rountree: I have none. Carney: Thank you. Borton: This is a Public Hearing. Anyone wish to comment on the application? Hearing none -- Anna? Rountree: Mr. Mayor? Borton: Mr. Rountree. Rountree: Seeing no further comment, I move that we close the public hearings for Items 13,14 and 15. Bird: Second. Borton: Moved and seconded to close the Public Hearing. All in favor. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move that we approve AZ 06-016, the request for annexation and zoning of 5.08 acres from RUT to R-4 and to include all staff, applicant, and public testimony. Rountree: Second. Borton: Moved and seconded to approve AZ 06-016. Any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move that we approve PP 06-010, request for a preliminary plat and note that it is dated revised of 6/16/06 on the preliminary plat. Rountree: Second. Meridian City Council June 22, 2006 Page 16 of 37 Borton: Moved and seconded to approve PP 06-010. Any discussion? Seeing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move that we approve VAR 06-008, the request for a variance of maximum cul- de-sac length and to include staff and applicant comments. Rountree: Second. Borton: Moved and seconded to approve VAR 06-008, variance request. Discussion? Rountree: I have none. Borton: Seeing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Public Hearing: RZ 06-002 Request for a Rezone of 0.22 acres from I-L (Light Industrial) to O-T (Old Town) zones for Stan Lantz by Stan Lantz - 608 West 3rd Street: Borton: Thank you. Item No. 16. I'd like to open the Public Hearing for RZ 06-002, request for a rezone, and begin this hearing with staff comments. Canning: Mayor and Council, this is a request for just a rezone to Old Town of the property located at 608 West 3rd Street. You will see it in light blue here just next to the railroad tracks -- or I think it's one house off of the railroad tracks. The applicant is requesting this rezone primarily because the existing family use is prohibited in the I-L. We frequently get rebuild letter requests for refinancing requests for these lots and, technically, the existing home could not be rebuilt without conditional use approval. So, this is -- the best way to take care of this is just to go ahead and rezone to OT, because it's consistent with that zone. And, therefore, staff is recommending approval. The Commission recommended approval at their May 4th hearing. Stan Lance spoke in favor of it. No one spoke in opposition or commented. There were no key issues of discussion. no key changes to staff recommendation. and no outstanding issues to our knowledge. Meridian City Council June 22, 2006 Page 17 of 37 Borton: Thank you, Anna. Any questions? Rountree: I have none. Borton: Mr. Lance signed up to comment. If you would like. You signed up in favor of your application. Rountree: We'd really like to hear from you, Stan. Or Tina. Borton: You don't have to. Any questions? Bird: Mr. Mayor? Borton: Mr. Bird. Bird: If we have no more discussion, I would move that we close the Public Hearing on RZ 06-002. Rountree: Second. Borton: Moved and seconded to close the Public Hearing. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Mr. Mayor? Borton: Mr. Rountree. Rountree: I move that we approve the request for rezoning for RZ 06-002 for Stan Lance, 608 West 3rd Street. Bird: Second. Borton: Moved and seconded to approve the rezone 06-002. Any discussion? Seeing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Public Hearing: PP 06-020 Request for Preliminary Plat approval of 23 commercial lots on 31.37 acres in a C-G zone for Centrepointe Subdivision by Winston H. Moore - northwest corner of Ustick Road and Eagle Road: Meridian City Council June 22,2006 Page 18 of 37 Borton: Item 17. I'll open this Public Hearing on PP 06-020, request for preliminary plat for Centrepointe Subdivision and Item 18, VAR 06-013 and begin the Public Hearing with staff comments. Canning: Mr. Mayor -- so, may I quiz Mr. Rountree. Will you be staying for the landscape variance portion of this or do I need to separate it out? Rountree: Let me counsel with counsel for a second. There is not an issue there, is there? Nary: Mr. Mayor, Members of the Council, Councilmember Rountree, the issue that I guess that you need to decide there is -- I don't want to get too far into the hearing, but, basically, there is some remaining right of way that is being requested to be used as counting towards their landscaping. It would appear at this juncture there is no issue for ITD to deal with. It's already existing right of way that's there, that's going to remain there. If there is a concern or an issue regarding the future use of that right of way and whether that will impact this decision, I guess that would be your call on whether or not that's something you feel might be an issue for you. Rountree: Mr. Mayor, I would recuse myself for the variance. Borton: Okay. Just open Item 17, PP 06-020, request for preliminary plat. Mrs. Canning. Canning: Mr. Mayor, Members of the Council, this is the Centrepointe project. It's located at the northwest corner of Ustick and Eagle. The proposal includes preliminary plat to subdivide 31.37 acres into 23 commercial lots. The proposed subdivision doesn't include the Kohl's piece. So, it's only a portion of the larger property that was originally annexed. So, it doesn't include the 8.33 acres of Kohl's, nor does it include about the remaining third of the project to the north. So, the whole project was about 59 acres. This is 31.37 acres. The request does include to construct the parking areas. It doesn't include any individual buildings at this time, because those have to go through separate conditional use approval. But they are asking for approval to build the parking lot for several of the uses at this time and the drive aisle lanes that -- that make the site function, basically, and their access points coming from Eagle, extending into the property. Because there is no structures proposed, we don't have any elevations at this time. The Planning Commission did approve this -- or recommend approval of this project at their May 4th, 2006, Public Hearing. Jonathan Seel spoke in favor of it. No one spoke in opposition or commented. There were no key issues of discussion. There were a few changes to staff's recommendation. They were just to reflect the applicant's requested changes. These weren't substantive changes. The outstanding issues before City Council is, really, just the variance, which we will hear next and, then, modification to condition B 2.14. Again, this is taking one of our generic conditions of approval and asking to make it -- refine it a bit for this project. I'm not -- this does look like it was forwarded to the clerk -- should be part of your packets tonight, so you should have that material there. If you need for me to read it into the record I would be happy Mcridian City Council June 22,2006 Page 19 of 37 to do that. So, to our knowledge those are the -- there is really no outstanding issues before Council just on the preliminary plat. Borton: Anna, you're referring to that e-mail? Canning: Yes. I'm referring to the e-mail dated June 16th. Yes. Thank you, sir. Borton: Any questions? Rountree: I have none. Bird: I have none. Borton: Would the applicant come forward. Seel: Good evening. Jonathan See!. W.H. Moore Company. 1940 Bonito, Meridian. I think Anna has pretty well touched on it. I will just very quickly elaborate on a few things. As we mentioned, what we'd ask with this plat is that we could construct the parking up in this area and also this portion right here. As we said, this area down here is part of the Kohl's and it's not part of the plat. The plat also includes the public road back here, which at this point will stop at this -- at this point and ultimately, will continue to Wainwright, which is approximately the half mile mark. But because we have no plans for this at this point and ACHD does not have access or have a designed pathway at this point, this road is ending at this point. These are private drive lanes, both of these leading out to access out to Eagle Road. We have been approved for the access to Eagle in a separate variance back in '05 for this. So, again, as Anna also mentioned here, any of the buildings that will be coming in will come in under a CU under the development agreement that was approved back several years ago. So, with that I think, as I say, we have got the landscaping, which comes along both Eagle Road, as well as Ustick, and we also, of course, intend to landscape the ten feet on either side of this public road going back to through here. So, I think without elaborating anymore, if you have any questions I would be glad to answer it, otherwise, I will sit down and I guess we will talk about the variance next. Borton: Any questions? Bird: I have none. Rountree: Yes. Jonathan, I know this is conceptual, but what's going on here? Seel: This right here, Commissioner Rountree, is a sidewalk with some landscaping on either side of it. Rountree: Okay. Okay. Meridian City Council June 22, 2006 Page 20 of 37 Seel: What we have shown is a sidewalk here and it doesn't show particularly clear, but there is also another sidewalk here as part of the condition of the Kohl's, which I understand is not with this project, but there is also a sidewalk here, but the thinking being allowing these pad sites out here to maybe develop access between the pad sites and the various buildings. Rountree: Thank you. Good job. Seel: Any other questions? Borton: Yes, Mr. Seel. Without maybe getting into specifics, is there anything about the variance issue that impacts this preliminary plat? Whether that's approved or denied, does that impact the configuration of the -- Seel: Councilman, no. My understanding -- and we talked about that at the last one -- is the recognition that the plat might be altered depending on whether or not you approve the variance, but if you approve the variance, I think the -- in the staff report it says, basically, that this is not considered to be a material change to the plat. So, that's the understanding we have been going on and that's also, I think, what staff's opinion is. And Anna can certainly speak if she has a difference, but I think the verbiage that's in here speaks to that, it acknowledges that we are submitting for a variance. So, it's in essence -- and maybe I'm getting a little bit ahead of myself, but we are really talking about just really altering the landscaping along here, but I guess I should -- I guess I should stand to be corrected here. The actual property line for this will not change, it's just simply the 20 feet or 35 feet of landscaping will do. So, I probably misspoke there a little bit. But the actual plat itself and the lots will not change. Borton: Okay. Thank you. Seel: Sorry, I didn't mean to go around on that. Borton: That's all right. Thank you. Seel: Sure. Any other questions? Rountree: I have none. Seel: All right. Thank you very much. Borton: This is a Public Hearing. Anyone else wish to comment? Seeing none -- Anna, anything else? Canning: No, sir. It wouldn't affect the plat, because we allow commercial developments to put the landscaping in an easement, rather than a separate lot. So, it would be -- they would just have more landscaping on their lots that they have shown along Eagle Road. Meridian City Council June 22. 2006 Page 21 of 37 Borton: Thank you. Rountree: Mr. Mayor? Borton: Mr. Rountree. Rountree: Hearing no further comments, I move that we close the Public Hearing for Item 17. Bird: I second that. Borton: Moved and seconded to close the Public Hearing. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: Hearing no more discussion, I move we approve PP 06-020, request for preliminary plat approval, and to consider applicant and staff comments. Rountree: Second. Borton: Moved and seconded to approve Item 17, PP 06-020. Any discussion? Seeing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 18: Public Hearing: VAR 06-013 Request for Variance to UDC 11-3B-7C2 to count 15 feet of existing right-of-way for Eagle Road towards the landscape street buffer in the C-G zone for Centrepointe Subdivision by Winston H. Moore - northwest corner of Ustick Road and Eagle Road: Borton: Item No. 18, Councilman Rountree will be recusing himself and we will reopen - - or open Item 18, VAR 06-013, request for a variance at Centrepointe Subdivision and begin the hearing with staff comments. Canning: Mr. Mayor, Mr. Bird -- down to two. Bird: Well, we are down, aren't we? One thing about it, we can tie. Meridian City Council June 22, 2006 Page 22 of 37 Canning: The UDC does require a 35 foot landscape buffer in this area along entryway corridors and this is an entryway corridor. And, then, that can be in a common lot or within an easement. If approved, what this variance would allow is that the applicant could count some of the adjacent right of way toward fulfilling that 35 feet. So, what they have, in a nutshell, asked for -- and Mr. Seel has very much more precise information for you, but what they are, basically, asking for is that from their property line they provide 20 feet and, then, that other 15 feet -- at times it will be as little as ten feet in the ITD right of way and at other times it will be more than 15 feet. So, it will vary a little bit. But overall you would be getting, basically, the 35 feet. However, some of that is in the ITD right of way, but they would plant it, they would water it, they would maintain it, they would take care of that ITD right of way. When we first started talking about this, ITD had committed to Mr. Seel that they would sign something saying that -- or they would make a statement saying that they didn't need the excess right of way. Well, when he actually went to go and try and get them to make that statement, they were -- he was unsuccessful. So, we don't anticipate that ITD will be using this excess right of way. They have got the Eagle Road corridor plan and they are sticking with the smaller kind of urban section for this area. So, we do think that that will be excess right of way for sometime in the future. But it will be in right of way. So, I think that that's probably all I need to talk about right now and Mr. Seel, again, has some other information. I think, essentially, we are getting what we wanted for -- we do ask -- if the Council decides to approve this variance, we anticipate we will get similar requests all up and down along Eagle Road. So, you will need to let us know if you want us to make a text change in this particular case -- I mean I wouldn't recommend doing it along all the state highways, because they haven't been as studied and as planned for, perhaps, but it may be appropriate along Eagle Road. So, if you could give us your thoughts once you get to that point we appreciate that. And with that I will answer any questions you may have. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: Anna, thank you very much. As I understand, 20 feet of this landscape will be on their property; right? Canning: Yes. Bird: And, then, at ten to 15 feet or even ten to 18 feet or 20 feet could be in right of way? What have we done between Fairview and the railroad tracks -- south of the railroad tracks? I know in some areas we haven't -- we haven't -- the right of ways are weeds and stuff like that and I would prefer they weren't weeds. I'd like to see them landscaped and taken care of and I think out there at Northgate and across the street at Blue Cross and that we have done that, haven't we, Anna. Aren't they landscaped, actually, in the right of way? Meridian City Council June 22, 2006 Page 23 of 37 Canning: I suspect they have. Whether they have -- to my knowledge we have never counted that toward the landscape buffer before, but I do believe -- Bird: But it has been a practice that has been done, just not a practice of counting it towards landscaping percent. Canning: Yes. I believe it has. Bird: Okay. Thank you very much. That's alii have. Borton: Thank you, Anna. Would the applicant come forward, please. Seel: What I'd like to do here is -- if I can -- and I apologize for the size of these, but I think -- Canning: Jonathan, you can just hand them all to Will and he can distribute them, if you'd like. Seel: Good evening again. Jonathan Seel, W.H. Moore Company. 1940 Bonito, Meridian. Just to give you a little bit of history behind this -- and I want to compliment staff on working with us on this. They have been very cooperative and we appreciate that. As you recall, back in the fall of last year we came to the City Council with a request for variances to allow three accesses. Of course, this only shows two, but three accesses for the Eagle Road project. What you're seeing here right now in this plan is the three accesses and you will see where the dimensions are. The dimensions where you see it is our project. So, if you -- like, for example, if you look at the 22 and a half feet or the various points, that's in our project. That's the three access points. I'm sorry that we don't have a detail, but this just came up on the construction drawings. So, in essence, what you're looking at on that plan is this area right here. And you will see the three access points there. They are shaded. So, hopefully, it's -- Councilman Bird, does that seem fairly straight forward? Bird: Yeah. That's great. Seel: Okay. Sorry. I just -- make sure. What we did is when we -- we came to the City of Meridian and, of course, also ITD for approval. We got approval for three access points, but one of the conditions was -- is that we would improve Eagle Road both north and south of Ustick and the cost of that we estimate -- well, not estimate, we know it's going to be about a million three hundred thousand dollars by the time we are done. What it's going to entail is -- and as you probably show on here, we are going to put in dual left-hand turn lanes at the intersection, we are going to put right-hand turn lanes at the intersection to -- on both sides. I'm speaking both sides. Thank you. We are also going to put, in our case, the three approaches in, we are going to extend curb and gutter all the way along the entire length of ours. We will do curb and gutter 200 feet on the Lowe's side and 200 feet of curb and gutter on the south side of Ustick on either side of that for right now. And we have agreed to do that. So, there will be dual lefts Meridian City Council June 22, 2006 Page 24 of 37 here, there will be dual lefts there. In doing that we started to talk to ITD about this and it became evident, as you can see in the plan, that there is a substantial amount of what we will call access -- or surplus right of way. It went anywhere from -- you know, of the corner 16 and a half feet, some places it's over 20 feet. And the feedback we got from ITD on this is that they have no plan, either now or in the future, of changing this road beyond the two lanes both north and south. In fact, the plans that we currently have in front of them -- and there seems to be discussion, they may change Eagle Road to 45 mile an hour speed limit from 55. But what they said is they have absolutely no plans to change this, that this is the way it's going to stay and so, of course, then, that begged the question, well, if that's it, what happens with this surplus right of way. They had no plans, but what we thought is -- is if they are going to keep this as it is -- and, you know, I can't look you straight in the eyes and say to you absolutely they will not expand it sometime in our lifetime, but it seems highly unlikely to me that when you ask an individual out of his own pocket to spend almost a million three hundred thousand dollars, I would think it's very unlikely that -- I would hope that they would come back and change this and widen this road. So, we discussed it with them, we discussed it with staff, and the feeling was that we would improve this right of way through here, which could -- I suppose could very well be weeds, but improve this, landscape it, and, then, take 20 feet of our area on -- within our property and dedicate that to landscaping versus the 35 feet. So, I think as Anna said, I think in my mind it's a win-win situation. For one, it assures to the city that you have a nice landscaped -- I'll call it buffer along Eagle Road on our side. It won't be partially weeds, partially landscaping, and at the same time, then, we reduce our burden, because, otherwise, we will possibly face, if we did want to landscape it, of maybe 55 to 60 feet in landscape area here on top of almost a million three that we are going to spend in improving the roads. So, it would get very costly. So, with that this is what we would like to propose, that, yes, we will landscape it. As Anna said, there is a few spots where it is less than the 15 feet, but that's few. I think overall if you take the average, you're probably over 35 feet along there. So, again, I think you get what you would like and we are able to I think mitigate our impact as far as landscaping, but still get the nice product. And I think that's it. As far as the staff report, I'm certainly in agreement on that, but I just -- I wanted to emphasize what I think is a plus all the way around. Borton: Mr. Seel, you mentioned if it doesn't go forward this way you would have to do 50 feet of landscaping? Seel: Well, yes, yes. If you look, for example, at -- Commissioner, if you look on the plan, for example -- I'll get my glasses on here. If you will see these numbers, for example, like 22 and a half feet, you will see 18, you see 26, almost 27 feet, you see 27 feet down below, that means we either -- one of two things, either we -- I guess you leave that as -- somewhat as weeds or something like that or you landscape that on top of your 35 feet, so at the extreme you have got almost 57 feet in some areas that we would have to landscape, our 35 feet, plus say, potentially, the 25 feet that's within the ITD right of way. Borton: Would you have to landscape the right of way without a variance? Meridian City Council June 22, 2006 Page 25 of 37 Bird: You'd want it to look that way. Borton: I mean you could, but you wouldn't be required to, would you? Seel: No. And that's -- I think -- I think that's what Councilman Bird brought up earlier, is the fact that, you know, you may have developers that come in and simply say, fine, I will do my property and my obligation, but I don't want to carry the burden for having to maintain the right of way, and I think -- Gary's left, so I can probably say this, but I know, for example, with ACHD their landscaping is Roundup and so either you do it or you leave it the way it is. And I'm not trying to be smart, I mean that's the reality. So, again, I think it's a win-win situation. You get a nice looking product, you have improved Eagle Road, but it also lightens our burden and you still get generally 35 feet or more of landscaping along there, which is what you'd like to have, so -- Borton: The reason I ask is if it doesn't go forward you weren't necessarily committing -- you were, to landscape all the right of way regardless -- when you said 50 feet, regardless, if we have to do 35 feet on our property and, then, we will might landscape the other 15 to 25 feet of right of way, which is -- Seel: Honestly, it's a possibility. I'd like to say to you, no, we won't, we will leave it as weeds. I mean that's a little bit stronger bargaining. But to be very honest, yes, we potentially would, but I think we are probably going to be a little bit more motivated, because, obviously, we made a commitment and I think it goes without saying that when Winston Moore says something he's going to come through with it and we will have a nice product there, so -- so I hope that answers your question. Borton: Okay. It does. Thank you. Are there any questions? Bird: I have no questions. Seel: Okay. Thank you very much. Borton: This is a Public Hearing. Anyone else wish to comment on this application or request? Seeing none, Mrs. Canning, anything else? Canning: I don't have anything further. If you have questions I will be happy to answer. Bird: While we are -- Mr. Mayor? Borton: Mr. Bird. Bird: While we are on here, I -- on public, Anna has asked if we approve this if we would -- would be our basis for the rest and I understand when we have got, basically, one mile to be developed on Eagle Road still within our jurisdiction -- does that sound about right, between Fairview and Ustick; right? The rest of it's pretty well developed. Meridian City Council June 22, 2006 Page 26 of 37 Canning: Yes, except that this is a landscape buffer, so unless the structure is physically built, they could come in and -- like Lowe's on the other side of the street would probably come in and ask also, because they haven't built all those paths yet. Bird: Well, I think you can go across and go down those and see that -- that this -- this developer is not going to leave any weeds regardless of what you do on him. Others have left weeds. This is one Council person that along there -- and I agree with you, if we could have started at the first, I would agree with what we have had in the UDC, but we have not been able to -- we did not start at the first of Eagle on a lot of things, but on particularly landscaping. I would -- I would count it to get it done, because I hate anything to go down a road and not see some landscaping, see weeds sticking up, and, you know, ITD or ACHD, the only thing they can afford is Roundup, to be truthful with you. I mean you can't afford all the stuff, but -- so, this is one Councilman, Anna, that would certainly have no problem if it beautifies the roadway of letting it count towards the deal, because there is developers that will and developers that won't. That's my comment. Borton: Anna, the only -- the concern that I have got is -- you know, we all acknowledge the fact that it's ITD's right of way and, you know, allowing this variance here or other places in 20 years it could be widened and you have got a 20 foot or 18 foot buffer when we really wanted a 35 foot buffer and through no fault of the applicant that's IT D's right and I noticed in this case that they are not willing to give it up, even though it seems as though there is no indication Eagle Road is ever going to expand. Do you have any comments or concerns? I agree with Mr. Bird, I'd love seeing the improvement on the right of way versus a Roundup type solution, but do you have any thoughts or concerns on that, that -- because every applicant, I agree with you. is going to come fOlWard and make similar requests and it might look good now and the foreseeable future, but in 2020 and Eagle Road expands, we would be stuck with 17 foot setbacks. Canning: Well, we will always have at least 20 feet -- unless they acquire additional property. And 20 feet -- it's still a pretty good size landscape buffer. I guess that's been my thought, is worse comes to worse, we have still got 20 feet, probably. And it's a good size landscape buffer. For a commercial area it may be sufficient. Now, if it were a residential area and we were losing that 15 feet, I would tend to be more concerned, because you usually got a berm, for one, so you're going to have to restructure the whole berm and you lose that buffer -- kind of that shield from that street, whereas a commercial development kind of embraces the street a little more. So, I think that, you know, optimally it would be 35 feet and stay that way forever. Is this a reasonable request? It's been a hard one for me to really have a solid answer about and Jonathan will tell you I have had luke warm support for this probably the whole time. It's not like I have ever jumped up and down saying, oh, yeah, this is something we should do. It's a tough call, so -- Meridian City Council June 22, 2006 Page 27 of 37 Borton: That's helpful. I think it's helpful information and I could -- I would say one other thing, I guess, Mr. Seel, I can tell you, as was discussed in this, I appreciate your remarks and you're a pretty stand-up guy in presentation and I'll say the same thing to Mr. Moore, to not come in and in your request and discussion to say that, you know, but for the variance it's going to be a bunch of weeds and fallow and hold our feet to the fire. It's a class act to make that type of presentation and those remarks, so that -- you might be willing to do it no matter what. I think that's first class. So, I appreciate that. Nary: Mr. Mayor? Borton: Mr. Nary. Nary: If the Council certainly wants to consider, since this is a variance request and we are also looking at the future requests that may be had, certainly the request is for the entire use of 15 feet of existing right of way, if you don't think 20 is adequate and 25 is some guarantee that you want to have assurance that at least there is a minimum standard on the applicant's property and if there is available right of way up to a certain amount for remainder, the other ten feet, you certainly have the option to do that You don't have to do the full 15 feet that's been requested, you could certainly do a lesser amount and assure that there will always be some standardized buffer on the applicant's property. If 20 is adequate -- as Mrs. Canning said, she knows it's kind of hard to judge that I guess at this juncture, but if 20 doesn't give you a comfort level and 25 does, you certainly have the ability to make that motion instead and that would still allow applicants in those areas where there is available right of way to request that, if they can get a license agreement if they are going to maintain it, all those other things, but that at least gives you options if you'd like to consider something else. Borton: Okay. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I guess if we are not going to have anymore discussion, do you want ~- I don't. So, I move that we close the Public Hearing VAR 06-013. Borton: Second. Moved and seconded. Any discussion? Seeing none -- or all in favor? MOTION CARRIED: TWO AYES. TWO ABSENT. Bird: Mr. Mayor? Borton: Mr. Bird. Meridian City Council June 22,2006 Page 28 of 37 Bird: I would move that we approve VAR 06-013, the request for the variance, to count 15 feet of existing right of way on Eagle Road towards the landscape street buffer at Centrepointe Subdivision and to include all staff, applicant, and public testimony and I feel comfortable with 20 feet of owner's property if -- and Anna, evidently, does too, in her statement. So, I would not -- I would leave it at that with the 20 feet and 15 of theirs. Borton: Second. All right. I agree with Councilman Bird, with the 20 feet and Mrs. Canning's comments and the comments of the applicant and I look forward to seeing this area improved and cleaned up. Any other discussion? Bird: I have none. Borton: Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, absent; Borton, yea. MOTION CARRIED: TWO AYES. TWO ABSENT. Item 19: Public Hearing: MI 06-002 Request to Amend the previously approved Development Agreement for Walareen's Pharmacv (RZ 05-008) to allow an 8-foot tall rather than 6-foot tall CMU wall along the east property line by the Hawkins Companies - 3150 W. Cherry Lane: Borton: Open the Public Hearing on Item 19, MI 06-002, request to amend previous development agreement and begin the Public Hearing with staff comments. Canning: Mr. Mayor. Members of the Council. I just can't say that tonight. I'm sorry. Just doesn't flow very well today. This is the Walgreen's pharmacy project that's located at the northeast corner of Ten Mile and Cherry and this is just a modification to the -- or an amendment to the development agreement. This is commercially zoned property. It is -- does adjoin residential property. The applicant is asking to amend site specific condition number 3-C, which is on the first page of Exhibit D and that's states: Replace the existing wood fence along the east property line and construct a six foot tall CMU wall as proposed. Construct a four tall CMU wall along the north landscape planter as proposed. So, the provision is along the east wall and the applicant would like to construct an eight foot tall CMU wall, rather than the six foot tall one and it's just because the condition of approval was so specific and the discussion in the meeting was so specific that we felt that this needed to be approved by Council. An eight foot wall is allowed under the commercial zone, even if it adjoins a residential zone. The height limit in residential is six feet. The height limit in commercial is eight feet. So, as long as it's on the correct side of the property line it could be eight feet. That is all there is, really, to this issue and I'll answer any other questions you may have. Borton: Any questions? Bird: I have none at this point. Meridian City Council June 22, 2006 Page 29 of 37 Rountree: I have none. Borton: Would the applicant come forward, please. Aguilar: Good evening. I'm Jessica Aguilar with Hawkins Companies, 8645 West Franklin Road, Boise, Idaho. Mrs. Canning pretty much said what our request is. Walgreens has recently changed their criteria with regards to developments adjacent to residential neighborhoods. They like to provide additional screening, so they just asked for the eight foot wall, in lieu of the six. We did send letters to the three property owners that will abut that wall, to the Hanks residence, the Smiths, and the Fredericksons, just notifying of our intent to construct a wall, that this was coming up to City Council for review and if they had any concerns, to please contact us. No one made any contact with us regarding the wall, so we are assuming by not responding that they are agreeable to the request. And I'll be happy to answer any questions that you might have. Borton: Any questions? Rountree: Mr. Mayor. Oh, you opened the door. Borton: Mr. Rountree. Rountree: I just have a question. You indicated that Walgreens has changed their standards of buffering as it relates to building in residential -- or adjacent to residential areas. I might suggest that what I suggested previously is that they might also look at their architectural design as it relates to their footprint and presence within and amongst residential units. I know they are not, but just carry the message. Aguilar: I'll make note of it. Rountree: Thank you. Borton: Any other questions? Bird: Just a statement. Borton: Mr. Bird. Bird: When you carry the message, it's just from one Councilman. Rountree: Oh, yeah, he likes blocks. Bird: I like brick. Meridian City Council June 22, 2006 Page 30 of 37 Borton: My only comment would be I like that -- when you send a letter to the public, maybe for future use, to send it to the clerk, we can see it in advance and one of the things -- because we look at those kind of things before tonight -- Aguilar: Sure. Borton: It would be nice to know that these particular active measures to benefit the -- to let us see that you have done the contacting. Aguilar: Sure. Thank you. Borton: There are two individuals signed up for public comment. Lee White. Neutral. Okay. And Bill Hanks. Neutral. Mr. Hanks. Hanks: Good evening, gentlemen. The only thing I'd like to add -- Nary: State your name and address, please, sir. Hanks: I'm sorry? Nary: Could you state your name and address, please. Hanks: Yeah. Sill Hanks. I live at 3057 West Ann Street. My property is adjoins where the fence is going to be and I have a question for this young lady. I was unable to get any kind of an answer from -- I called them several times, but nobody wanted to give me an answer. My only concern is when they put up the fence, I have a six foot wooden fence there and I wanted to know -- there would be no way I would maintain the fence. I wonder if they are going to remove my fence and replace it with the block fence. That's the only question I had. Like I say, I couldn't get an answer out of anybody at Hawkins, because nobody wanted to talk to me, I guess. Rountree: Mr. Mayor? Borton: Mr. Rountree. Rountree: I have a question for Mr. Hanks. Do you have a preference? Hanks: I would want them to take my fence out and put a block fence in its place. That's the only thing I'm asking. Rountree: Okay. Thank you. Hanks: But, like I say, I hated to come up before the Council, but -- Rountree: We will get your question answered. Meridian City Council June 22, 2006 Page 31 of 37 Hanks: Okay. Super. Do I have permission to talk to this young lady or -- Rountree: We will ask her to come talk to us and address your question. Hanks: Thank you. Borton: Nobody else has signed up. Is there anyone else from the public to provide comment? Borton: Mrs. Aguilar, if you would, please, come back up and -- you heard Mr. Hank's question about fence and what you're willing to provide. Aguilar: It is my current understanding that we will not be required to modify or -- let me restate that. Disturb the existing fence with regards to constructing the CMU fence. The CMU -- or wall. The CMU wall will be on our property and per my last conversation with my construction manager, it was his indication from the contractor that they can perform all the work on our property and not have it impact to the adjacent neighbors, because we were concerned about potentially damaging any plantings or irrigation and concerned about pets that would be in the backyard or children. So, our contractor I guess devised a construction plan, if you will, to construct the wall without disturbing the existing wood fence. Now, with regards to removing that wood fence, I will -- all I can say at this point is I can have my construction manager contact Mr. Hanks and walk the property and see what they can do with regards to removing his portion of the fence, but, again, our intent as of now, it's my understanding, we will not disturbing the existing wood fence that's there. And if I may add, nor is it my understanding that it was a requirement to remove the fence and maybe Mrs. Canning can comment on that. I have -- Canning: Well, regardless of whether it was a requirement at the last hearing, this is -- this does open up the development agreement for Council's consideration. So, I can research that issue if you'd like me to, but it's certainly on the table again, since the applicant has asked for this modification. AgUilar: And I would say that we are not opposed to it, we were just trying to minimize or not have any impact to the residents and not disturb anything. That was our goal. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: Clarification. Now, you're going to put up a block fence? Aguilar: Yes, sir. Bird: And you're putting it on your property line and Mr. White and Hanks has moved up right next to you; right? There is an easement that runs down between the places? Meridian City Council June 22, 2006 Page 32 of 37 Aguilar: No, sir. And it's our intent to construct the wall and the footing on our property. If I may just add, in the past we have had -- we have run into problems where our contractors have installed a block wall on the property line and -- but failed to note that the footing, as you might be familiar with a footing -- Bird: Yeah. Quite familiar. Aguilar: -- gets also constructed on the adjacent neighbors and that creates a problem. We have to often go back -- in the past we have had to go back and get easements, construction easements, easements for that fence. So, what we are trying to do is to avoid all that and keep all the construction strictly on our property. Bird: Yeah. Your footings are going to be 18 inches, while your block's eight inches, basically. Aguilar: I don't have the construction details, but I -- Bird: That's basically what a footing would run. And what their concern is -- and my concern is is how are you going to get back there to clean the joints if he -- if they have got a fence up. His concern is on a wood fence you have got to take care of it. You have got to oil it or you got to linseed oil them or something. He's not going to be able to get to the back side of it. Most wood fences are put in where the outside is the facing part. The inside is where the posts and stuff is put in, is what I would call the rough part of the fence is on the inside and the side you look at is on the outside. He's got -- they have got -- if they have wood fences, they have got a real concern and I have got a concern of -- you guys are just going to leave your mud and mortar without striping it down and -- because you're not going to have the room, unless you have got an awful long arm, thin guy. You're going eight foot up and I think this is -- I think that this is something that we need to look into the development agreement on. I've got a real concern for the neighbors' fences on this. I really do. And I think they are -- I don't think they are being out of line in asking for a clarification. I would want a clarification. Canning: Sir? Mr. Mayor. Silly me, I read that condition to you at the beginning of the hearing. It does say replace the existing wood fence along the east property line and construct a six foot tall eMU wall. So, that is the existing condition of approval. Aguilar: If that's a requirement of the DA, then, we will remove the fence. But I would like to add -- and I apologize for not including a copy of this letter to those neighbors, no one has contacted me with any concerns regarding this, when I specifically requested that. My name is listed first with all my contact information, office, cell, e-mail. So, that's why Hawkins companies was not concerned, because we didn't hear any feedback from the neighbors. We will go out of our way to contact them again and do our best to try and contact them, ask them if there is any concerns. We will remove the fence. We are trying to coordinate the construction of the wall with them. Again, we are concerned about pets, kids, any existing irrigation piping they have there, because we Meridian City Council June 22, 2006 Page 33 of 37 don't want to damage it and our intent was to construct the wall entirely on the Walgreen's parcel and not to have it impact on the residence. We thought that was a positive thing not to impact them or disturb them. Bird: And I agree with that, but like you said, this -- but he, evidently, had been calling your office and getting no responses on this and it being in the development agreement, there should have been no question. Somebody should have said automatically, yeah, the wood fence goes. But at each property line the side fences, you have got to tie into that, because you're gOing to hold back. I mean there is going to be a six, eight inch space between where the wood fence -- where you tear the wood fence out and where your block goes, because you're telling me you're going to put your footings all on your property, so you're going to be at least ten inches in before you start the block from their property line and their fence is sitting on their property line I'm sure. So, I think you need to go back -- my opinion, you need to go back with these three affected neighbors, if they have got fences up, existing fences up now, and sit down with them and work this solution out. Aguilar: Again, we have been trying to communicate with them, but when they don't respond back to us, I don't know what else we can do, sir. Bird: Okay. Well, you know, we are getting two stories, one saying he can't get an answer and -- and so I -- it's probably not a big problem that it could be solved real easy, but it needs to be solved before it's done. Aguilar: I understand. And may I add that our drawings have already been through the building department and we are already in construction and, again, to my knowledge no one's contacted me or -- like I said, I have direct lines and cell phones, no one has communicated with me directly. Maybe they have tried to communicate with the contractor out there, but that is not the -- the contact information we gave out in these letters, but we will go back and try and contact them again and try and make any remedies, if there are any requested, by those adjacent property owners with regards to the CMU wall and the fence. Bird: You have got two of them right here right now. After the meeting you can get -- in just two minutes and I believe these two gentlemen are both owners that one -- two of the three owners? Aguilar: Actually, just one of them is, sir. Bird: Oh, just one of them? Okay. Well, you got one of them there you can contact. Borton: Any additional questions? Mr. Bird, are you suggesting that it be continued? Bird: No, I'm not. While we are in public, Mr. Mayor, I have no problem with, basically, what the variance is asking for is a two foot more CMU wall. Our development agreement, after what Anna brought forward, takes care of the property -- existing Meridian City Council June 22, 2006 Page 34 of 37 property fences and if it isn't done to satisfy -- to the satisfactory conditions of our staff or the neighbors, we got the development agreement to go back on. I have no problem with approving the variance. Borton: Thank you, Mrs. Aguilar. Seeing no additional public comment, I move we close Public Hearing MI 06-002. Bird: Did you make a motion? Borton: Uh-huh. Bird: I second it. Borton: It's been moved and seconded. Any discussion? All in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Borton: Move we approve the request to amend the previously approved development agreement, MI 06-002, to allow eight foot, rather than a six foot wall, to include staff and applicant comments and specifically the requirement that that eastern fence be replaced. Bird: Second. Borton: It's been moved and seconded. Any discussion? Bird: Discussion. The motion made was -- the only thing on the development agreement changing is the height; right? Borton: Correct. Bird: Six to eight. Borton: Yeah. Item 3-C, I believe -- Bird: Okay. Borton: -- is the only amendment. Rountree: Mr. Mayor, I'm just going to comment that I have a long standing objection to this particular project, so I probably won't be supporting the variance request. Borton: Seeing no further discussion, Mr. Berg. Roll-Call: Bird. yea; Rountree, nay; Wardle, absent; Borton, yea. Meridian City Council June 22, 2006 Page 35 of 37 MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 20: Ordinance No. 06-1237 : AZ 06-010 Request for Annexation and Zoning of 11.50 acres from RUT to a R-4 zone for Cardiaan Bav Subdivision by Big River, LLC - 5450 and 5500 Larkspur Way: Ordinance No. 06-1238 : AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C-C (3.68 acres) for Hiahtower Subdivision by Hightower, LLC - southwest corner of Chinden Boulevard and Jericho Road: Item 21: Borton: Thank you. Items 20 and 21, Ordinance No. 06-1237, 06-1238. I'd ask the clerk to read these by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 06-1237, an ordinance for annexation of property located in the southeast quarter of Section 30, Township 4 North, Range 1 East, Boise 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 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 to R-4 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 06-1238, an ordinance for annexation of property located in the northwest quarter of the northeast quarter of Section 30, township 4 North, Range 1 East, Boise 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 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 to R-8 in the Meridian City Code, providing that copies of the 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. Borton: You have heard the reading of this -- these ordinances by title only. Anybody wish to have them read in their entirety? Seeing none -- Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move we approve ordinances number 06-1237 and 06-1238, with suspension of rules. Meridian City Council June 22, 2006 Page 36 of 37 Rountree: Second. Borton: Moved and seconded to approve Items 20 and 21. Any discussion? Seeing none, roll call. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 22: Executive Session per Idaho State Code 67-2345(1 )(a) to consider hiring a public officer, employee, staff member or individual agent; (c) to conduct deliberations concerning the acquisition of an interest in real property not owned by a public agency; and (d) to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code: Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1 )(a), (1 )(c) and (1 )(d). Rountree: Second. Borton: Moved and seconded. All those in favor -- oh, roll call. Sorry. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: Rountree: Mr. Mayor. Borton: Mr. Rountree. Rountree: I move that we come out of Executive Session. Bird: Second. Borton: It's been moved and seconded. All in favor. THREE AYES. ONE ABSENT. MOTION CARRIED. Bird: Mr. Mayor. Meridian City Council June 22,2006 Page 37 of 37 Borton: Mr. Bird. Bird: I move we adjourn the meeting of June 22,2006. Rountree: Second. Borton: It's been moved and seconded. All in favor. THREE AYES. ONE ABSENT. MOTION CARRIED. MEETING ADJOURNED AT 9:34 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~~~ MAYOR T A E WEERD 1 / (I / tJ6 DATE APPROVED 1\ \ \ 111111/ / J / \\\1 /11/ \\\ rv::. Mf)'lllt ill. " ...J U' 'q', ~ ,./ ,,' :'\"' 11'i'. ";". " () r.")(~ >..... ~ ,'> 2 ~'o.<jrp. '::. .:: '()-::- s~'"'''v "? ""'. fl , "...l..ILJ Il3'C ~K #. _2 % "1'6 '-~:r- 11~"1 ,'\ .p,! '// If -If't~ -$ ~'. ~- ,-' "//1 ~l'f. . ,...' 1/11 \\\" 11//lJlfllll'\\\