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HomeMy WebLinkAbout2006 07-18 Meridian City Council Meetina Julv 18, 2006 The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, July 18, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, and Charlie Rountree. Members Absent: Joe Borton. Others Present: Ted Baird, Will Berg, Anna Canning, Gene Trakel, Kenny Bowers, Len Grady, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call our meeting to order. Good evening. We appreciate you joining us here tonight. It is Tuesday, July 18th. It's five minutes after 7:00. We will begin this meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is our pledge of allegiance. Tonight will be led in the pledge by Kevin Clay. He's with Troop 93. If you will all rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Robert Cutler with Christ Lutheran Church: De Weerd: Kevin, I would like to thank you. I have a City of Meridian pin to present to you. Thank you for leading us. Okay. Item NO.3 is our community invocation. Tonight we will be led by Pastor Robert Cutler. He is with Christ Lutheran Church. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Pastor. Cutler: Let us pray. Unless you, oh, Lord, keep the city, the wickedness and cunning of sinful people will surely destroy us. Lord, in this time of rapid growth in our blessed City of Meridian, Lord, we pray that you would bless the growth of our city and that you would keep us from frustration and -- with traffic and all sorts of things that would cause us to be frustrated. Lord, we pray that you would be with us as we travel and as we see all the growth, Lord, that we would give thanks to you for all the blessings that you have Meridian City Council July 18, 2006 Page 2 of 56 given to us. Lord, we come to you, placing in your hands the needs of our city, asking you to give wisdom and ability, sane judgment, and moral purpose to those who govern us. Lord, we know that the task is difficult, the duties are many, and the responsibilities are heavy and we pray, Lord, that this City Council, the Mayor, and all who serve our city would support them -- that you would support them with your might, that crime and lawlessness might be controlled, righteousness and integrity prevail. Lord, we pray that for each of us that you would make me to be, oh, Lord, a law abiding citizen, one who will seek the welfare of the community. Above all, Lord, grant that more people in our city will accept Jesus as their Savior, serve him with faithfulness and untiring zeal. Make ours, Lord, truly a Christian community. Give us officials who dedicate themselves wholeheartedly to you and to their tasks and to their assignments. Then, Lord, yours is the glory and the praise through endless days, we pray this in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, pastor. Item NO.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have some resolutions on our agenda. Under the Consent I is 06-523, J is 06-524 for resolutions. And on the regular agenda Item No. 22 is Ordinance 06-1242 and 23 is 06-1243. And with that I move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the agenda as presented. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of July 5, 2006 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law and Order for Approval: RZ 06-001 Request for a Rezone of 5.40 acres from R- 8 to L-O (Limited Office) for Sundance Subdivision No.5 by Dave Evans Construction - northeast corner of Ustick Road and Meridian Road Meridian City Council July 18, 2006 Page 3 of 56 D. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-014 Request for Preliminary Plat approval of 12 commercial lots on 3.77 acres in a proposed L-O zone for Sundance Subdivision No.5 by Dave Evans Construction - northeast corner of Ustick Road and Meridian Road E. Findings of Fact and Conclusions of Law and Order for Approval: CUP 06-011 Request to modify the previous Conditional Use Permit for a Planned Development (CUP 01-026) by adding additional office lots, changing building and parking layout and allowing potential drive through sites for Sundance Subdivision No.5 by Dave Evans Construction - northeast corner of Ustick Road and Meridian Road: F. Findings of Fact and Conclusions of Law and Order for Approval: MI 06-001 Request for Miscellaneous application to modify the recorded Development Agreement (Sundance Subdivision AZ 01-012) for Sundance Subdivision No.5 by Dave Evans Construction - northeast corner of Ustick Road and Meridian Road: G. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-021 Request for Annexation and Zoning of 77.66 acres from Ada County RUT to C-G General Commercial and R-15 Medium-High Density Residential zones for Kenai Subdivision by Kenai Partners, LLC - south of East Overland Road and west of South Eagle Road: H. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-019 Request for Preliminary Plat approval of 101 single-family residential and multi-family residential lots with 6 common lots in a R-15 zone and 32 commercial lots with 19 common lots in a C-G zone for Kenai Subdivision by Kenai Partners, LLC - south of East Overland Road and west of South Eagle Road: I. Resolution No. 06-523 VAC 06-006 Request for a Vacation of the existing public utilities, irrigation and lot drainage easement on both sides of the lot line common to Lots 46 and 47, Block 49, Lochsa Falls Subdivision No. 12 for HastinQs by Monterey, LLC - 2300 West Everest Lane: Meridian City Council July 18, 2006 Page 4 of 56 J. Resolution No. 06-524 VAC 06-009 Request for a Vacation of a 10 foot irrigation easement along the west boundary of Lot 2 Block 7 of Gemtone Center No.5 by DMHR Development, LLC - on Commercial Drive, west of Nola Road, north of East Franklin Road: K. Development Agreement: AZ 06-005 Request for Annexation and Zoning of 58.56 acres from RR to R-4 (32.86 acres), TN-C (14.54 acres) and C-C (11.16 acres) for Kniaht Sky Estates Subdivision by Sea 2 Sea, LLC - northwest corner of Chinden Boulevard and Linder Road: L. Development Agreement: AZ 06-006 Request for Annexation and Zoning of 10.01 acres from RUT to C-G zone for Kniahthill Center Subdivision by Sea 2 Sea, LLC - southwest corner of Linder Road and Chinden Boulevard: M. Approve Water Main Easement Agreement for Smoky Mountain Pizza by Fairview Lakes, LLC: N. Approve Permanent and Temporary Easement Contract for Steven C. Smith: O. Approve Agreement for Professional Services for Black Cat Trunk Sewer Phase 4 with JUB Engineers: P. Award Bid for Well No. 17 Pumping Plant to Treasure Valley Drilling & Pump Company: Q. Approve Agreement for Professional Services with BBC Research & Consulting for Fiscal Impact Analysis: De Weerd: Okay. Item 4 -- or Item 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On our Consent Agenda Item B we would like to pull to 7-B and with that our -- the Consent Agenda also includes Resolutions 06-523 and 06-524. And for the rest of the Consent Agenda I move that we approve it and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. Meridian City Council July 18, 2006 Page 5 of 56 De Weerd: Okay. I have a motion to approve the Consent Agenda. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's Office 1. Agreement with CGI Communications, Inc., for a Community Mini Movie Showcase: De Weerd: Okay. Thank you. Okay. Under Item 6, Department Reports, tonight Shelly Houston will discuss an item under the Mayor's Office, the agreement with CGI Communications for a community mini movie showcase. Shelly has some examples of what kind of end product this agreement will lead to and I might note it is at no cost. Shelly. Houston: Good evening. My name is Shelly Houston, I'm the new Community Communications Coordinator here for the City of Meridian. I'm here tonight to tell you about an exciting opportunity we have been offered, which could help us use new technology to introduce Meridian to prospective residents and, more importantly, attract high quality businesses to our city. For the past several weeks city staff members have been reviewing an offer from a New York based company called CGI Communications. Their offer to us and to many other cities across the country, is to fully produce a series of five one minute mini videos, which would showcase our city's best features and offer web users throughout the world the chance to see a view of our city through streaming video they could access through one simple click from our website. Let me show you a sample one of these mini videos for Orem, Utah, chose to produce with this organization and, then, afterwards let's talk a little bit more and I will tell you a few more details. (Video shown.) Houston: Allow me to narrate. I'm sorry. That was an oversight on our part. I'm sorry for the oversight on the audio. This man speaking is the mayor of Orem, Utah, giving a brief welcome address and inviting viewers from this website to learn more about the city. He's talking about some of the city's features and the video will continue on to show some of the physical features, the beauty of the area. They are talking about the nice mixture of people, that it's a young, vibrant community. He's highlighting some of the shopping areas, dining, entertainment, quality of life, education, business, and it's all narrated with professional voiceover on content that's been chosen by their city and, then, this production company has gone out and made a visit to Orem and shot all the video and helped work on the script and, really, what they have chosen to do is have Meridian City Council July 18. 2006 Page 6 of 56 five one minute segments. You can see over to the left they have chose to have a welcome message, a message on real estate and relocation. Below that we see health care and senior issues, I believe. Or senior living it might be called. We, too, would have that option or ability to choose which sections we wanted to highlight. Some of the potential topics we are looking like a message from the Mayor, like a welcome, business and industry, education, quality of life, recreation, tourism. We could choose downtown Meridian or city services and we would have the ability to update our contents as often as we'd like or change topics. Some cities have even used their site on their website to use special purposes like recruiting police officers, which is kind of a unique use for this. But, basically, we have carte blanche to use the five minutes as we see fit and we are also confirming whether we can use the video, which we are thinking we can, we can copy these little videos onto little mini CD-roms, which would get tucked in the economic development packets that we regularly send out to prospective residents and developers who are thinking of making Meridian their home. And that's a really good fit with some of the other renewed emphasis we are going to be having soon on economic development as reflected in the budget hearings last week. So, we think that's a really nice tie in. And here is the catch, best of all, to have this little series of mini videos produced are absolutely free. And I know you're saying free, but, Shelly, there is no such thing as a free lunch. And, of course, we said the same thing and, of course, we couldn't agree. The way this company would help pay for its costs and perhaps turn a profit is by selling sponsorships to a number of Meridian businesses and these sponsors, then, would get their logo kind on this section of our website and that is where their revenue generation would come. But it was entirely up to them to sell the advertising, certainly not ours. Potential sponsors could be health care providers, insurance companies, home builders, commercial developers -- in fact, I think we already know of several residential and commercial developers who would be interested in kind of sharing in some of our branding efforts, so that would be a good fit. And, best of all, our legal staff has checked this out entirely, they have checked out the company and reviewed the contract they have proposed for us, and they feel comfortable about us accepting this opportunity. To date several cities have taken advantage of having these streaming videos produced and we are eager to join them, since we think it's a good way to support our message around the world that Meridian is an excellent place to live, work, and raise a family. Isn't that beautiful? Anyhow, I apologize for the audio difficulty, but I think you get the idea. Meridian would look awfully pretty on video. So, can we entertain any questions or answer anything for you? De Weerd: Council, do you have any questions? Bird: She's done such a great job, we don't need any questions. De Weerd: Charlie. I mean -- Rountree: Madam Mayor? De Weerd: -- Mr. Rountree. Meridian City Council July 18. 2006 Page 7 of 56 Rountree: That's fine. What's the time line? Houston: We are told -- because we have a concern, too, about the time line, because we would want them to come and videotape Meridian when it's leafy and green and floral and pretty and not dull and dead and, you know, dry grass color. So, they assure us that it would be probably within -- within a matter of weeks, Cheryl? Yeah. Within a matter of weeks they could probably begin. We certainly wouldn't, you know, want it to be when -- during kind of our dull, dead season in terms of our greenery and flora and fauna, so -- Rountree: Thank you. De Weerd: Okay. Houston: Because we are beautiful in every season. That's right, Will. De Weerd: Council, any other questions? And this really is for our attempts in getting family wage jobs and using it for our district targeting, so -- Houston: Thank you for your attention. De Weerd: Thank you, Shelly. So, we would need your approval tonight to move forward and they are looking for your -- we are looking for your direction. Rountree: Madam Mayor, apparently, there is a contract document involved in this? De Weerd: Yes. It is in your packets. It has been reviewed. Emily Cain was the attorney that did the initial review and she found a couple of items that we brought to them and said unless this is changed we can't move forward. They changed it and Bill Nary sent an e-mail -- and I don't know if that is attached or not, but he feels comfortable in moving forward with it. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Unless the Council has further questions, I would make a motion that we approve the agreement with CGI Communications, Incorporated, for a community mini movie showcase and authorize the Mayor to sign. Rountree: Second. De Weerd: Okay. I have a motion to approve the agreement in 6-A-1. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. Meridian City Council July 18, 2006 Page 8 of 56 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Shelly and Cheryl, thank you foOr being here tonight and we appreciate it and, Council, we will keep you informed as to every step. Thank you. B. Public Works Department - Len Grady 1. Bittercreek Agreement. De Weerd: Okay. Item 6-B. Len. Grady: Madam Mayor, Members of the Council, I'm here tonight to talk briefly about Bittercreek Meadows. You remember awhile back we were -- we had developed an MOU for providing services down on the Mason Creek area and what I need to talk about tonight is the developer has come forward with some agreements that have been typically signed by the city engineer and I just wanted to make sure that -- that you want the city engineer to continue to sign these type of agreements. They are non build agreements, nonoccupancy, and consent to annex agreements. The city attorney has agreed -- has reviewed all of the agreements and is in -- is okay with them. Now, by signing these agreements we are not finalizing that agreement with Bittercreek, there will be one more paper that will come in front of you probably within the next couple three weeks. So, these are merely agreements that he can get in place and put in his CCRs. Like I say, Brad used to sign these. With the new engineer and new city attorney, I felt it was appropriate to bring them back in front of you just to make sure that we have the authority. De Weerd: Thank you, Len. Council, discussion, concerns, or questions for Len? Mr. Baird. Baird: Madam Mayor, Members of the Council, it's true that Bill Nary did review these. I have got them in front of me and it appears that it's just having Mr. Grady fulfill an administrative requirement. I think because he's signing on behalf of the city, what we might want to do, if you're in agreement, is that we would bring back a general resolution saying that for items of this type you're delegating signature authority to the city engineer. That way if there is any question that his signature is valid, you have got an official document from this body that gives him that authority. That would be my additional suggestion. I don't know if Bill had mentioned that, but I'm thinking here if you're going forward you just go on a motion -- it really -- it doesn't give the record of you giving him this authority, administrative authority. De Weerd: Mr. Baird, I believe we have also implemented since our purchasing agent came on, a better system for contract approval and tracking. So, as long as it goes through those checkpoints I think if Council would consider this continued practice, we have other checks and balances that we have initiated since as well, so I would ask for your direction. Meridian City Council July 18, 2006 Page 9 of 56 Bird: If we have changed the policy I'd like to know. De Weerd: It's not a policy, it is a process. Rountree: Process improvement. Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Question for Len. If you were to wait for a resolution that clarified this on the record for this and all future actions, does that meet your time line or do you need action on this particular item this evening? Grady: Well, as you might expect, the developer is in a quite a bit of a hurry. I felt it was necessary to take the additional step to come here, but certainly I would like, at a minimum, to work towards a resolution in the future. If you wanted to act on this one now, realizing that it will come back with a wrap-around agreement, a contract, that pulls it all into one document. This merely allows him to get it recorded into his CC&Rs. So, I guess we can go either way. Rountree: Madam Mayor, do you need a motion on this item? De Weerd: Instructing staff to prepare a resolution. Mr. Baird. Baird: Madam Mayor, Members of the Council, you could actually do both, you could instruct us to prepare the resolution and authorize them to sign these particular ones to keep the Bittercreek moving forward. De Weerd: Okay. Thank you. Rountree: Madam Mayor, I move that we instruct staff to prepare a resolution that takes care of the administration -- or the delegation of administrative signatures on agreements similar to the Bittercreek agreement described this evening and authorize the Public Works Department, either Public Works director or city engineer, to execute the Bittercreek agreement at this point. Bird: Second. De Weerd: Okay. I have a motion to approve the request in front you, as well as to ask staff to come back with a resolution. Is there any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Items Moved from Consent Agenda: Meridian City Council July 18, 2006 Page 10 of 56 B. Findings of Fact and Conclusions of Law and Order for Approval: VAR 06-002 Request for a Variance for two access points to Eagle Road SH / 55 for Gatewav Marketplace by Landmark Development - southeast corner of Ustick Road and Eagle Road: De Weerd: Thank you. Item 7 we removed B from the Consent Agenda and that's Findings of Facts and Conclusions of Law of VAR 060-002. Mr. Bird. Bird: Madam Mayor, we just removed it for voting purposes and I would move that we approve VAR 06-002. Wardle: Second. De Weerd: Okay. I have a motion to approve Findings for VAR 06-002. Mr. Berg. Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Borton, absent. MOTION CARRIED: TWO AYES. ONE ABSTAIN. ONE ABSENT. Item 8: Tabled from July 11, 2006: FP 06-027 Request for Final Plat approval for 74 residential building lots and 5 common lots on 16.47 acres in an R-8 zone for Ambercreek Subdivision No.2 by Dyver Development, LLC - south of McMillan Road and west of Meridian Road: Item 9: FP 06-031 Request for Final Plat approval for 23 single-family residential building lots and 2 common lots on 5.11 acres in an R-8 zone for Sharp Estates Subdivision by Sharper Investments, LLC - south of Ustick Road and west of Eagle Road: De Weerd: Okay. Thank you. Okay. Items 9 and 10, FP 06-027 and FP 06-031, are both final plats. We do have agreements from the applicants agreeing to staff comments. Anna, is there any additional information you need to share? Canning: No, ma'am. De Weerd: Okay. Seeing none, Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Items 8 and 9. Bird: Second. Meridian City Council July 18, 2006 Page 11 of 56 De Weerd: Okay. I have a motion to approve Items 8 and 9. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Continued Public Hearing from June 22, 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 June 22, 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 Casa Meridiana by Insight Architects - 1777 Victory Road: De Weerd: Okay. Items 10 and 11 are a continued Public Hearing from June 22nd. It has been requested by the applicant to continue until August 22nd. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve -- or continue Items 10 and 11, AZ 05-067 and CUP 05-060, to August 22nd, 2006. Rountree: Second. De Weerd: Okay. I have a motion to continue Items 10 and 11 to August 22nd. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Continued Public Hearing from June 22, 2006: 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: De Weerd: Okay. Item 12 has also been requested to continue to August 8th. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council July 18, 2006 Page 12 of 56 Bird: I move that we continue VAC 06-008 to August 8,2006. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Item 12 to August 8th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: Continued Public Hearing from June 27, 2006: PP 06-002 Request for Preliminary Plat approval for 23 commercial lots on 22.85 acres in a C-G zone for Gatewav Marketplace Subdivision by Landmark Development - southeast corner of Ustick Road and Eagle Road: De Weerd: Okay. Item 13 is a continued Public Hearing from June 27th on PP 06-022. I will start this item with staff comments. Canning: Madam Mayor, Members of the Council, we continued this in order to allow ACHD to provide their conditions of approval. There was nothing unexpected in those conditions of approval. We have incorporated them into the Findings and you did receive the Findings before you tonight. So, if you wish you can approve those Findings now if that's your desire or you could put it off two weeks, similar to what we have been doing, but those are prepared for you, unless you have changes. With that I will answer any questions you may have, but that was the only outstanding issue was ACHD. De Weerd: Okay. Council, any questions for Anna? Bird: I have none. Rountree: I have none. De Weerd: Okay. Was this item continued and the Public Hearing still open? Canning: Yes. So that we could include those items. De Weerd: So we could incorporate -- okay. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we close the Public Hearing on Item 13. Bird: Second. Meridian City Council July 18, 2006 Page 13 of 56 De Weerd: Okay. I have a motion to close the Public Hearing on Item 13. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 06-002, Gateway Marketplace Subdivision and approve the Finding and Conclusions. Wardle: Second. De Weerd: Okay. I have a motion to approve Item 13. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Public Hearing: AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: Item 15: Public Hearing: PP 06-007 Request for a Preliminary Plat approval for 85 single-family residential lots and 12 common lots in a proposed R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: De Weerd: Okay. Items 14 and 15 are public hearings on AZ 06-009 and PP 06-007. will open these two items with staff comments. Canning: Madam Mayor, Members of the Council, this is the Cedarcreek project. It's located on the north side of McMillan, west of Meridian Road. The property immediately to the west of this also has a preliminary plat on it, so this completes this area as far as preliminary plat approvals. Just a moment, I don't have my laser pointer. Tonight you may hear mention of the Paramount South 60 and that's this property right there to the west. This is an annexation and zoning and preliminary plat application. The gross residential density is 4.34 units per acre. There is an existing home site, as you can see here, and a small flag that comes down to the west of that home site. The request is for -- to zone 19.57 acres to R-8 and the applicant's preliminary plat has 85 single family lots, all with detached products. Amenities for the development include about nine percent qualified open space and that includes a tot lot and parkway planters adjoining the street. This is the large center open space. These are alley products. Just this one block. You can see the alley located there. And that existing home site is not part of Meridian City Council July 18, 2006 Page 14 of 56 this development. It was legally split prior to -- under Ada County. There are two development agreement provisions I should let you know about and they are that prior to annexation ordinance approval the applicant would -- they are proposing to do a property boundary adjustment with this property here. That 50 foot flag they will just adjust their property, so that they give that to the Reitermans and that's who owns this existing home site. So, that flag that wraps around the existing home would go away. And that the applicant agrees to provide a sidewalk in front of that outparcel, which will connect to Paramount South 60 and as I said before, the Paramount South 60 is to the west of this project. The location of the sidewalk is to be determined by ACHD and the neighbors Carl and Bonnie Reiterman. The applicant has some elevations that they will show you -- or some typical houses they will show you in their application, but I don't have any in my presentation. The Planning and Zoning Commission recommended approval at their June 1 st, 2006, hearing. Shawn Nickle spoke in favor of the application. Carl Reiterman, Bonnie Reiterman and Doug Eden spoke in opposition and no one commented. Key issues of discussion by the Commission were the landscape plan, the sewer connection. Those won't be available until Paramount develops. The outparcel to not be included in the proposed development. And, then, the sidewalk proposed to cross the neighboring outparcel. That's the Reitermans. The key Commission changes to staffs initial recommendation were to add the development agreement proposals that are provisions that I spoke about previously with regard largely to the Reiterman property. To our knowledge there are no remaining concerns or outstanding concerns before City Council. So, with that I will answer any questions you may have. De Weerd: Anna, what is surrounding this project? Canning: Pardon? De Weerd: What is surrounding this project? Canning: Surrounding. Let me -- this is all Paramount to the north and to the east also. And, then, a new development that you will see soon called Paramount South 60, also by Brighton Corporation, is proposed for the property to the west. South of this project is -- I might need some help. This is the Cedar Springs North. Thank you. And, then, this was a recent application. De Weerd: And that's the school over -- right there? Bird: Yeah. Right there. Canning: Yeah. De Weerd: And that's the middle school. Canning: Right. And they would provide sidewalk in front of this property to make that connection. Meridian City Council July 18, 2006 Page 15 of 56 De Weerd: They make that connection, but not all the way -- there is not a connection all the way to the corner? Canning: Through the Paramount property? De Weerd: Uh-huh. Canning: I don't believe it's developed yet. They are working their way down there. I think they are to this area now. I don't know what their timing plans are for the commercial portion, though. De Weerd: Is this the same developer? Canning: No. This one is not. De Weerd: Oh. Okay. You know, how do you get the kids safely to school? I -- have we talked to this applicant about that? Canning: No, ma'am. De Weerd: Okay. Okay. Any other questions, Council? Bird: Yeah. I got a couple, Mayor. A statement first is I'm like the Mayor, I'm not leaving without a sidewalk. Or I'm not for anything being put in without sidewalk to the school. And I don't care how they have to get it, we are not going to have another Linder Road fiasco. Then -- this is for Len. Why is the sewer not available? Isn't the sewer through Meridian Road stuff? Canning: I think it comes down here and then over. Grady: It's available to the north. Bird: Okay. That's what -- I thought it was. Thank you, Len. De Weerd: It's -- this is the North Slough and Paramount needs to bring it down to their southern most boundary. Bird: Yeah. De Weerd: And they are not at that phase yet. Okay. Is the applicant here this evening? Thank you. You always forget Will. You always need to have one for the city clerk. Nickle: Madam Mayor and Council, thank you. Shawn Nickle, 148 North 2nd Street, Suite 101, in Eagle. Meridian City Council July 18, 2006 Page 16 of 56 De Weerd: It's my job to look out for our city clerk. Nickle: I know. There is no -- okay. I was trying to help you out, Will. Thanks again. I'm here tonight representing the Cedarcreek development application. I have handed out a very quick packet that shows not only the project, but also some of the landscaping at the entrance and the proposed housing product types that were -- De Weerd: Now, Shawn, will you be walking through these page by page so the -- Nickle: Yes. De Weerd: -- public can see them? Nickle: Yeah. Staff can put up as I indicate to her. This is an annexation and zoning of our -- to R~8 of 19.57 acres. This includes 85 single family detached lots, with a density of 4.34 dwelling units per acre. The layout is very similar and if staff will put the -- my beautifully colored bright vicinity map. De Weerd: Oh, that is really colorful. Nickle: Yeah. De Weerd: It's not as pink on that. Nickle: No, it doesn't really show up like it does on your handouts, however. This is the Cedarcreek development. As staff indicated, it is on the north side of McMillan Road near that main intersection of Meridian and McMillan. It's very similar in type to the Ambercreek Subdivision that we have brought in front of you several months ago and that you just recently -- just tonight have approved the final flat for and we actually submitted this application back when we were doing Ambercreek and it's taken this long to get to you and get through Planning and Zoning, because we have been working with the property owner -- the neighboring property owner to -- on the southwest corner to try to take care of a land swap and to work out sidewalk in front of that outparcel and I will also explain a little bit later on your concern about the remaining sidewalk further to the east of the school. As you can see by this picture is why I wanted to bring it up, is you have got quite a mix of uses in this -- in this area at the intersection, with some multi- family, R-40, some commercial. Obviously, you have the school. The majority of the area here has developed out into R-4 and R-8 developments and a lot of those were actually developed as planned unit developments. This is the second one that we have done in this area that's not a planned unit development, it is a straight subdivision. Now, if you will put my color -- the plan, please, Anna. Thank you. This is designed with detached sidewalks throughout. The entrance off of McMillan was designed to open up into that centrally located park that we will have and amenities such as a tot lot, picnic area, gathering area and, then, a pathway system. This is the area that staff spoke about that will have the alleyway with some -- there is actually 12 detached alley- Meridian City Council July 18, 2006 Page 17 of 56 loaded lots in there. The rest of those are the single family detached standard size lots and if you look in your packet, again, I submitted some examples of the elevations for those. We did try to keep all -- the majority of the lots at -- at or about 5,000 square feet, with the exception of those alley-loaded lots, which are 4,680. This does meet the Comprehensive Plan as medium density with three to eight dwelling units per acre and, again, we are at 4.34 dwelling units. And, again, the main reason for the delay to get this in front of you was working with the neighbors on this property right here. As you can see, that's the strip that we are going to deed over to the Reitermans and currently have that in front of the county as a lot line adjustment and you have a condition of approval in your application that we complete that before final plat. Now, to address the Mayor and Councilmember Bird's concern about the remaining sidewalk along McMillan going to the school, I know that is important, because we dealt with that across the street at Ambercreek to try to get an additional sidewalk in front of an outparcel we have on the corner. So, I do understand your concern. We just spoke with Gary Inselman with ACHD and I'd like for him to come up and address that, because, apparently, there is a cooperative process in the works with several developers to get that sidewalk put into place sooner than later and I'll just let Gary kind of explain that, because I don't know the full details of it. And, then, I will stand for any questions you have after that. De Weerd: Okay. Thank you. Nickle: Thank you. De Weerd: Gary? If you will, please, state your name and address for the record. Inselman: Gary Inselman, representing ACHD, 3775 North Adams, Garden City. De Weerd: Thank you. Inselman: Madam Mayor, Council, as Shawn said, we are working with the developers at the corner of Meridian and McMillan to negotiate a property development agreement to improve that intersection. That does include assuring that sidewalks are built across all of their frontages. The outparcel at Ambercreek I was able to acquire the right of way necessary at the corner already and the sidewalk easement along McMillan, so that sidewalk will be extended through Ambercreek and we are working with Brighton on the northwest corner through this effort to try and assure that that happens, although I -- nothing has been executed yet. We are in the process, similar to what we are doing at Linder Road. De Weerd: So, this intersection at Meridian and McMillan and Linder and McMillan under these negotiations. Once signed, when can they be built? Inselman: We are anticipating construction of Linder and McMillan completed by May and this one to be constructed between May and August of next year. It's our goal to have both of them open before the school opens. Meridian City Council July 18, 2006 Page 18 of 56 De Weerd: That would be appreciated. Council? Bird: I could allow that. I just -- we don't want another nightmare. Inselman: We have made significant progress at Linder. I have right of way on three of the four corners and one of the outparcels, so we are progressing well. We are hoping to have an agreement in front of our commission in about two to three weeks. De Weerd: Thank you. Inselman: And, then, we will mirror it -- mirror this intersection's agreement on that one. De Weerd: All right. Inselman: And this developer is one of the developers that we would be working with. Bird: Thank you, Gary. De Weerd: Okay. Any other questions for Gary? Thank you. Nickle: Thank you, Gary, for explaining that. I'm glad he was here to relay that to you. And, of course, my developer will also be working with that -- with that group and participate where ever necessary we are recommended. With that, the Planning and Zoning Commission did like this layout. They did recommend approval. Again, the delay was working with the neighbors and we have got that worked out. They are here tonight and I believe they are going to speak in support. We are in favor of all staffs recommended conditions of approval, including the ones regarding the outparcel and the timing of the -- of the final plat and to bring up one other question -- or answer one question that I think came up. Sewer, I believe, is coming from the north in a separate phase on Paramount, so we are anticipating that's going to be available. I'll stand for questions. De Weerd: Shawn, I guess you had mentioned that this was a variety of uses and I just see R-8 all over the place. So, what is the mixture of uses? Nickle: And the reason I said that -- it is -- if you look at that map, my wonderfully colored pink map and you do see a lot of R-8 and, again, one of the reasons I brought up the fact that most of those projects were developed as PUDs and so you have a variety of house sizes and you have the multi-family, which is located to our immediate east. You have got the commercial. You have got the school. In Ambercreek you have a lot more of the detached, alley-loaded product and that's one reason why we -- we toned it down a little bit. This is a different developer, mind you, but we all worked as the same planning team and so we toned down the number of lots in that area, because we had quite a few of those across the street in favor of the single family standard lots. So, just in the area in general, that square mile, there is -- you have got quite a different array of land uses from commercial to public, quasi-public, to multi-family. I haven't Meridian City Council July 18, 2006 Page 19 of 56 seen the layout for the Paramount to the west, so I don't know what they are proposing. I do know that this area right here is in for redevelopment at a higher density. I think that's the -- I hope I answered your question, but I think that's the array of land uses and residential uses you're seeing in this area. De Weerd: Now, you have the water on your side of the road; correct? Or is it on the south side? Nickle: It's on the south side. De Weerd: Okay. Bird: Yeah. Nickle: Right along here. De Weerd: Okay. Any other questions from Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Shawn, what's with your alley? I can't read that. I think you got it on there, but I can't read the thing. Nickle: It's a 20 foot wide public alley. Yeah. Public. Bird: Okay. De Weerd: Okay. Thank you. I do have another citizen that has signed up. If you would like to provide testimony, please, come forward when I read your name. Carl Reiterman. I'm sorry if I messed that up. Okay. If you will, please, state your name and address for the record. Reiterman: Carl Reiterman, 770 West McMillan, Meridian. We are the outparcel that's up there. And we have worked with Kevin and Shawn Nickle to come to some agreements here and I have the agreement if you're interested in seeing it. If you'd like to see it. De Weerd: If you would like to enter it into the public record. Reiterman: Okay. Fine with me. De Weerd: Okay. If you'll give it to our city clerk. Thank you. Meridian City Council July 18, 2006 Page 20 of 56 Reiterman: It seemed pretty good to us for them to give us the 50 feet and we give them the easement in the front for both the -- tiling the ditch and on the south side of our property, as well as on the west side of our property. They are going to also expand the ditch and combine a couple of other ditches I think in that same ditch. And, then, they were going to fence our property. The sidewalk is -- we don't have a picture of the property, but there is not much room for the sidewalk in front of our house. It's going to be within a foot of our carport. But we understood the importance of having a sidewalk with both the high school to the west of us and the junior high and the middle school to the east of us. So, we worked hard on that one and we kind of got through it. So, all the agreements were made and other than that I guess we are set to go. De Weerd: Well, good. Well, we appreciate your willingness to work with them on the sidewalk. Reiterman: It's going to change our property quite a bit, but, you know, it was important. So, I don't want -- there was nowhere else for the kids to walk, so -- they would be walking all over the front of our property or out in the street and that was just not acceptable to us either. So, anyway, we are happy to do whatever we can. De Weerd: Thank you. Reiterman: Any questions? De Weerd: Council? Okay. Thank you. Okay. Is there anyone else who would like to provide testimony on this applicant? Okay. Would the applicant like to wrap up? Nickle: Again, Madam Mayor and Council, Shawn Nickle. Just one thing and to point out the testimony from the neighbor does show you that -- and I'm looking at Councilmember Bird. When you take the sidewalk and the safety of the school children serious, that was one reason for the delay to make sure we could accommodate that. We'd hate to keep gaps in between. We did understand that the property to the east is going to be coming in at some point, but it's hard to tell when outparcels -- and we have never had control of that parcel. That was not part of this property originally. So, again, that's -- we, actually, got that worked out with the neighbors and it was worth the wait and also taking care of the issue with the piping the ditch and the left over strip that we had on there. So, I will stand for any questions you have at this time. De Weerd: Okay. Any questions? Bird: I have none. Rountree: I have none. Nickle: Okay. Thank you. Meridian City Council July 18, 2006 Page 21 of 56 De Weerd: Okay. Thank you. Okay. Any questions for staff? Or additional information needed? Okay. If there is none, I would entertain a motion to close the Public Hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on AZ 06-009 and PP 06-007. Rountree: Second. De Weerd: Okay. I have a motion to close the Public Hearing on Items 14 and 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Discussion? Bird: I have none. Rountree: I have none. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no further discussion, I move that we approve Item 14, AZ 06-009. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 14. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 15. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 15, PP 06-007. Meridian City Council July 18, 2006 Page 22 of 56 Rountree: Second. De Weerd: Okay. I have a motion to approve Item 15. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Public Hearing: AZ 06-022 Request for Annexation and Zoning of 9.98 acres from RUT to an R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering - 4052 & 4202 W. Daphine Street: Item 17: Public Hearing: PP 06-022 Request for Preliminary Plat approval of 32 building lots and 3 common lots on 9.98 acres in a proposed R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering - 4052 & 4202 W. Daphine Street: De Weerd: Thank you. Okay. Items 16 and 17, public hearings on AZ 06-022 and PP 06-022. I will open these two public hearings on Items 16 and 17 with staff comments. Canning: Madam Mayor and Members of the Council, this is Prato Villas and it is located on Daphine Street and it's approximately 600 feet north of McMillan Road and east of Black Cat Road. So, it's right here. And here is Daphine Street. The colored areas are the Volterra Subdivision. We don't have the preliminary plat in there, but as you recall they had a commercial component on the intersection and, then, wrapped by some office and, then, a collector roadway that came through and this would nestle into the corner of that Volterra project. The applications before you tonight are for annexation and zoning and also preliminary plat approval. This is the preliminary plat. The original submittal had a gross density of 3.2 units per acre. This is shown as low density on the Comprehensive Plan, so as conditioned they were asked to remove two lots, which is the configuration you see before you tonight. And this is 3.0 units per acre. They are asking for R-4 zoning for 10.16 acres. And they are proposing 9.2 percent open space. The original proposal had six percent open space, but when they reconfigured the lots and lost the two lots, they did increase the open space quite a bit and it is now at 9.2 percent open space. And that was a rough calculation on my part, but I think that's accurate. There is a development agreement proposed. The only real unusual provision that it limits this property to 30 units, thereby bringing it to the 3.0 dwelling units per acre. They are all detached product, so we don't have any elevations for you tonight. The Commission did recommend approval of this project at their June 1 st, 2006, hearing. Kevin Harris from Briggs Engineering spoke in favor of it and no one spoke in opposition or commented. The key issues of discussion were amending Block 3 to have six lots and an open space area in the middle and that's what you see here. There is two -- the corner lots are quite large and, then, the interior lots are still good size. These are all good size lots. Larger lots, I should say. Meridian City Council July 18, 2006 Page 23 of 56 De Weerd: There is a definition of that. Canning: But these are all good size lots by Mr. Bird's definition. The other discussion areas were the -- the other developments in the area being largely Volterra that wraps around it and the timing and the availability of sewer and just to remind everyone, even though we have no sewer to this area, most of this section is preliminary platted at this point. But we are still waiting on sewer. The key Commission change to staffs initial recommendation were they recommended approval of a revised preliminary plat that shows the six buildable lots that you see today. They did make those changes and they got them back to us in time to incorporate them into your package. And, then, in the common open space area with an irrigation easement on it. To our knowledge there are no outstanding issues before Council and I will answer any questions you may have. De Weerd: Anna, I guess I had a question that this was another -- this is also near an intersection that was looking at a public-private partnership for an improvement. Has that moved forward at all, to your knowledge? Canning: Is that to get to the school that would be about right up here? De Weerd: No. That was the intersection improvement on Ten Mile and -- no. Black Cat -- oh. I guess that's -- yeah. That's-- Bird: I was thinking the same -- De Weerd: Okay. Is this where the elementary school is up north and -- Canning: Yes, ma'am. De Weerd: -- west of that? Canning: The Volterra -- the Volterra Subdivision has a collector road that comes through here, basically like this, and, then, around this area they had half of the school and, then, Keego Springs provided the other half of the elementary school up there. So, Prato Villas is dependent on Volterra for sewer, so those kids will be able to walk through Volterra to be able to get to that elementary school. De Weerd: Okay. Thank you. Okay. Is the applicant here? If you will, please, state your name and address for the record. Whitehead: Madam Mayor, Members of the Council, hello and good evening. For the record, my name is Sabrina Whitehead, I'm here with the applicant and with Briggs Engineering. My address is 1800 West Overland Road, Boise, Idaho. 83705. Tonight I'm in front of you for annexation, zoning, and preliminary plat for Prato Villas. This development has requested zoning, as Anna has noted, from RUT to R-4, medium low density, and it's asking for 30 single family residential lots. On June 1 st of '06 the Meridian City Council July 18, 2006 Page 24 of 56 Meridian Planning and Zoning Commission heard this item and recommended approval with the stipulation that we do reduce our original request for 32 lots to be dropped to 30 buildable lots. The developer has taken this into consideration and has revised the layout to what you see this evening. We are requesting 30 buildable lots, which will compliment City of Meridian's Comprehensive Plan for a medium density of 3.0. As stated in the staff report, Prato Villas is harmonious with numerous other goals of the City of Meridian's Comprehensive Plan and the applicant has reviewed the staff report, agrees with all recommended conditions, as well as the recommendation for approval. We feel that this development is going to be a quality development, will be an asset to the City of Meridian and we just respectfully request that you approve our applications for annexation, zoning, and preliminary plat. I thank you for your time and consideration and I will stand for any questions. De Weerd: Sabrina, I do have a question. Did you have a neighborhood meeting? Whitehead: Uh-huh. De Weerd: And did people come? Whitehead: I was not the planner that held the neighborhood meeting, so I'd probably look for any questions you might have to the applicant, who is present. De Weerd: Okay. And we will see if Council has any questions for you. Any additional ones. Council? Bird: I have none. Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: Just explain the point of access. Whitehead: Absolutely. Madam Mayor, Councilman Rountree, we will be taking access from Daphine. There is additional right of way -- if we can go to the pre-plat, I can show you where we are going to have to vacate some right of way through ACHD. It's down here. And that will be done at a later time before final plat approval. Rountree: Okay. Thank you. De Weerd: And how is this subdivision going to be connecting to the north, so the kids can get to school? Whitehead: Madam Mayor, we are providing a stub road over here. De Weerd: So, they would have to go east first and -- Meridian City Council July 18, 2006 Page 25 of 56 Whitehead: Then up. De Weerd: -- then up? Do we show how that connects? Canning: Madam Mayor, unfortunately, I don't know why, Volterra never got on there, but there is a stub into this property here from Volterra and I believe Sabrina or maybe - - you know, there is one I think -- the next property over. A lot of these properties are considering their options for redevelopment currently and I would anticipate that it won't be too long. We had heard that these folks were coming in and we are starting to see quite a bit movement on those five acres. Bird: Yeah. Whitehead: That's correct. I do know for a fact that this is being subdivided and our firm's going to be handling this piece, which we are planning on to connect into the stub that will interconnect to the school. Yeah. De Weerd: I guess that's why the neighbors aren't here concerned about the traffic that we will be putting on the street. So, I would be interested to hear how the neighborhood meeting went. Whitehead: Absolutely. De Weerd: If Council you don't have any other questions? Bird: I have no questions. De Weerd: Okay. Whitehead: Thank you. De Weerd: Thank you. Sir, if you could, please, share with us how your neighborhood meeting went. If you will, please, state your name and address. Saxton: Gerald Saxton. Salt Lake City, Utah. South Jordan. I wasn't the one that held the public meeting, it was one of my other partners, but from what we understood we had good support. We have talked to the neighbors going down into Lots 2, 3 -- were actually six and seven and good support with all them. We are actually working to possibly do a land acquisition with them to continue the development down that street. De Weerd: Okay. Saxton: Is there any other questions? De Weerd: Okay. Council, any questions? Meridian City Council July 18. 2006 Page 26 of 56 Bird: I have none. Rountree: I have none. De Weerd: Thank you, sir. Saxton: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Seeing none-- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no more comments, I move that we close the public hearings on Items -- we have too many pages here -- 16 and 17. Bird: Second. De Weerd: Okay. I have a motion to close Items 16 and 17 public hearings. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion from Council? Rountree: Hearing no discussion, Madam Mayor, I move that we approve Item 16, annexation AZ 06-002 for Prato Villas Subdivision. Bird: Second. De Weerd: Okay. I have a motion to approve Item 16. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 17. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council July 18, 2006 Page 27 of 56 Rountree: I move that we approve the preliminary plat for Item 17, PP 06-022. Bird: Second. De Weerd: Okay. I have a motion to approve Item 17. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 18: Public Hearing: AZ 06-024 Request for Annexation and Zoning of 10.17 acres from RUT to an R-4 zone for Napoli Subdivision by Briggs Engineering - east of Eagle Road and south of Zeldia Lane: Item 19: Public Hearing: PP 06-023 Request for Preliminary Plat approval of 29 residential lots and 3 common lots on 9.44 acres in a proposed R-4 zone for Napoli Subdivision by Briggs Engineering - east of Eagle Road and south of Zeldia Lane: De Weerd: Thank you, Mr. Berg. Okay. Items 18 and 19 are public hearings on AZ 06- 024 and PP 06-023. I will open these two items with staff comments. Canning: Madam Mayor, Members of the Council, this is the Napoli project and you just __ it's a very similar project, although it's on the opposite corner of the area of city impact. It is located on the east side of Eagle Road and south of Zeldia Lane. Zeldia Lane, as you may recall, was kind of the dividing line -- here is the property here -- for the Kingsbridge application on the east side of Eagle Road. The applications before you tonight are, again, annexation and zoning and preliminary plat. The gross residential density is 3.07 dwelling units per acre. They are requesting zoning to R-4 for 10.17 acres and the plat approval of 29 single family residential lots. Approximately 10.61 percent of the site is being set aside for open space. I did want to point out that similar to the Quarterhorse Subdivision, which got approved a few weeks ago, they are dedicating a road where a private lane used to be. So, this is Zeldia Lane is in this location. They are giving up their rights to Zeldia Lane and, then, putting a public road there instead that would continue to the neighboring properties. There was some question, since the Planning and Zoning Commission, about the fencing that's being proposed and we did receive word from the applicant that instead of the four foot fencing that was originally approved -- or considered, that they are proposing six foot fencing on the eastern and southern boundaries. The Council will need to ask for site speCific conditions 1.15 to be amended to address that new development. We do not have the elevations. Again, these are detached products on relatively large lots. The Commission has recommended approval of this project at their June 15th hearing. Kevin Harris from Briggs spoke in favor of the application. Bradford Dedman, Don Morgan, Phil DeAngeli and Frank Shoemaker spoke in opposition and Sherry Lewis commented. The key issues of discussion by the Commission were the Comprehensive Meridian City Council July 18, 2006 Page 28 of 56 Plan designation, which is medium density residential in this area, Zeldia Lane, and the density of the proposed project. There were no changes to staff's initial recommendations. There is a letter in your packet, I believe, from Phillip and Judy DeAngeli regarding lot size and density and that's the only outstanding issue that we are aware of and I'll answer any questions that Council may have. De Weerd: Okay. Council, do you have any questions? Bird: Not at this time, Mayor. Rountree: None right now. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Whitehead: Absolutely. Madam Mayor, Members of the Council, my name is Sabrina Whitehead, I am here on behalf of FMC Development and Briggs Engineering. My address is 1800 West Overland Road, Boise, Idaho. 83705. Excuse me. I'm before you this evening again for annexation, zoning, and preliminary plat for Napoli Subdivision, which is 10.17 acres. This development that we are requesting is a zoning from RUT to R-4, medium low density, and is asking for 29 single family residential lots. Napoli is asking for a density of 3.07 dwelling units per acre, which is harmonious with the City of Meridian's Comprehensive Plan, as designated medium density. With proposed lot sizes of 17,113 as our largest, to our smallest of 8,500, we believe the range of lot sizes will provide a nice transition from low density residential, as the Kingsbridge is to the north, to the future medium density residential as hasn't been developed, which is in Ada County, but it could be more intense density than what we are currently proposing. Our development is also proposing larger lots, which are adjacent to the county land. Therefore, leaving the smaller lots adjacent to Eagle Road and the middle of our proposed subdivision. This will help create a buffer from larger county lots to the density that we are requesting, as in supporting my position of more of a transitional buffer. We feel, again, that this subdivision will be an asset for the city and that it remains harmonious with the City of Meridian's Comprehensive Plan. Great thought from the developer has been put into helping make this transition and coordinate the lot sizes accordingly in our subdivision. I, again, thank you for your time and consideration and respectfully request that you approve our annexation, rezone, and preliminary plat. And I will stand for any questions De Weerd: Council, do you have questions? Bird: Not at this point. De Weerd: Can you tell us a little bit about your open space, where is it, and what amenities are included? Meridian City Council July 18. 2006 Page 29 of 56 Whitehead: Our open space is -- as you can see from the landscape we have landscaping all the way around and what the city -- instead of having an open space, what we are having is detached sidewalk and eight foot planter strips in between that will be landscaped. That is considered in our open space. De Weerd: So, that's your only open space? Whitehead: Uh-huh. De Weerd: Okay. Whitehead: I believe -- and I'd have to refer to Anna, but that was kind of with the city's support, so I was told. Canning: Madam Mayor, they do qualify for the minimum. Because this is not a collector street, they actually get to count all the additional landscaping they do along Zeldia Lane. De Weerd: Okay. Well, I know we are trying to encourage the parkway and the detached sidewalks. I guess I wasn't aware that that was part of our usable open space requirement. Canning: Yes, ma'am, it is. We subtract out the area for the driveways, but we do count that. And on the larger lots, because they do have so much frontage, it adds up rather quickly. And, again, in addition to the additional landscaping that is on Zeldia, it does add up quickly. They do have ten percent, it's just not in a centralized lot. De Weerd: Okay. Okay. Thank you. I do have a number of people that have signed up. If you would like to provide testimony when I read your name, if you will, please, come forward. Gladys Allen against. If you will, please, state your name and address for the record. Allen: I'm Gladys Allen. 4617 South Martinel in Meridian. De Weerd: Thank you. Allen: We live in Martinel Subdivision, which is south of this proposed subdivision, and I would like to point out to the Council that all the other subdivisions in this area have larger lots and are larger tracts. The Martinel Subdivision that we live in has ten plus acres in each tract. And the subdivision adjoining on the east is comprised of five plus acres. The Dartmoor Subdivision has larger lots, which is very close to this, and the new Kingsbridge Subdivision has lots of 15,000 feet -- square feet, with frontages of 155 to 165 feet. This subdivision as proposed has smaller lots than anything in this area. With the smaller lots we will undoubtedly see being built smaller houses and, there again, it is not compatible with the other lots and the other houses and acreages in this area. Therefore, we are opposed to this preliminary plat that is as it is presently being Meridian City Council July 18, 2006 Page 30 of 56 presented. We would like to have lots no smaller than those being presented in the Kingsbridge Subdivision right next to it, the new one. De Weerd: Okay. Thank you. Okay. Don and Marie Morgan signed up against. Morgan: Madam Mayor, Councilmembers, my name is Don Morgan. De Weerd: If you can pull that up. You're taller than our other applicant. Morgan: Okay. Madam Mayor, Councilmembers, my name is Don Morgan, I reside at 4620 South Martinel Lane, which shares about 80 feet of adjacent border with the Napoli proposal. As Gladys just pointed out, this subdivision as presently proposed would be an island of smaller lots surrounded on all sides by larger lots and starting at the neighborhood meetings and all the way to the Planning and Zoning meeting we attended on the 15th, the neighborhood has spoken out against that and the Planning and Zoning people asserted that they don't have any authority to change that because of the Comprehensive Plan, which has this shown as medium density. Therefore, what I would like to see happen in this City Council meeting would be to reconsider the -- that section of the Comprehensive Plan and consider changing that to something that would allow the half acre lots that would be harmonious with the Kingsbridge approval that just happened and would be I think a better transition towards the half acre -- I mean the five acre and ten acre lots that are surrounding on the south and east side of their proposal. I would propose that the annexation and the preliminary plat be rejected as presently approved -- or as presently proposed and consideration of changing the Comprehensive Plan and having them resubmit with larger lots. Thank you. De Weerd: Okay. Thank you. Anna, I guess I have a question for you. In these development applications, they can do a step up or a step down, can they not? Canning: Yes. We have started asking people to justify more why they are doing the step up and step down. We are trying to keep people at the proposed density or close to it. De Weerd: Okay. Thank you. Roger and Theresa Taylor signed up against. Taylor: I'm Roger Taylor, 4606 South Eagle Road. I'm just south of this proposed subdivision. I have got the same concerns as everybody else on this density of the lots. I would think half acre lots would fit in much better with everybody else. And, then, I have got a concern with the irrigation. There has been no mention of how they are going to take care of the irrigation water or any of that. But my main concern is the density. I would like to see the larger fronts, so they could put single story houses there, instead of having to go up with two story and a wider frontage would do that. Thank you. De Weerd: Okay. Thank you. Bradford Dedman signed up against. Meridian City Council July 18. 2006 Page 31 of 56 Dedman: Thank you, folks. I'm Bradford Dedman. De Weerd: You can pull that up, if you would like. Dedman: Sorry. De Weerd: Thank you. Dedman: I reside at 3644 East Zeldia. And many of you may recall -- there is my nervous twitch again -- that my wife and I reside here on Zeldia and I attended every single meeting that I possibly could with regard to the development of the Kingsbridge Subdivision. I did submit a letter last week and, hopefully, it is in the office somewhere. But I also sent a letter to Planning and Zoning a month ago. I do thank everybody who may have been able to read anything that I participated with at this point. I urge you to look back at the effort that Vision First went through to work with the neighbors and the City of Meridian back throughout the course of their development over the last two years. They cared, because they were moving into our community. The applicant, as far as I understood, did not schedule any type of a neighborhood meeting before providing this application and I did not participate, because I had no invitation to that I also attended everything that Kingsbridge participated in and felt like we were all part of an instrumental cause here. I honestly feel that this applicant chose a path of least resistance because of a lack of care for our community, as they are moving from Meridian. The density is far from consistent with adjacent properties and circumvents all the efforts of Vision First, Dartmoor, the Zeldia neighborhoods, and many other folks have placed on thoughtful design. At the very least the proposal should mirror Kingsbridge buffer, their density, and lot transition. And so far I have witnessed a failure to do so. The transition of old to new is buffered nicely on the north side of Zeldia, again, due to Vision First, but I see very little of that, a very bare minimum and it's also provided, I believe, completely contained within their open space. What I'd like to see is a more succinct plan that also demonstrates exactly how my private street -- my private lane, Zeldia Lane, will be cut and become partially a public street. I saw a couple things that were -- I heard a couple things that were very nice to hear tonight. I was very pleased to learn of Keith Bird's very crystal clear opinion of children's safety with regard to sidewalks. And with density comes kids. I'm quite convinced that the proposal provides merely the minimum amount of open space. Kids do not want to play in a fine strip of land and a respectful game of soccer was never played on a front yard measuring 15 by 50 feet. A foul ball might roll into Zeldia Lane, but I do believe that a kick could make it all the way out to Eagle Road. I believe in full disclosure and not sugar coating. Mrs. Whitehead spoke of a range of lot sizes starting at the top of 17,000 feet and ranging down to 8,500. It should be clarified that on the plot that I noticed, there is one lot that is 17,000 feet. The lot below it, lot No.2, by all indications is 11,500. Thank you very much. De Weerd: Thank you. Okay. Judy DeAngeli. Meridian City Council July 18. 2006 Page 32 of 56 DeAngeli: It's Phillip DeAngeli. I'm at 3405 Zeldia Lane. De Weerd: Thank you. And I apologize for mispronouncing your name. DeAngeli: That's all right. I'm used to it. This is my lot right here on this border. We moved here in -- from downtown Meridian about four years ago into a rural atmosphere. Our neighbors are also local folks that joined us out there and we felt it would be there forever with no growth, but, naturally, it's there, so we are dealing with it. We all like it there and we want to -- we want to stay. My neighbors and I feel that there is an obvious line. It's a sharp line of distinction between 29 houses on 9.4 acres and five and ten acre lots that are adjacent to them, but the Planning and Zoning report says -- and the applicant that they find this annexation will provide lots which are similar in nature to other subdivisions in the vicinity. But if you look at the vicinity we have got my lot here on the east. My subdivision is five acre lots. Martinel down here is ten acre lots. Off to the east is Coons Hollow, five acre lots, and, then, your Kingsbridge is the newcomer here, with Dartmoor just to the north of it. But Kingsbridge as you know has supplied a real nice transition for the larger lots in the county. So, there is really not even a vague similarity between this subdivision and the subdivisions in the vicinity. This report also states, the staff report from the Planning and Zoning, that these lots will transition well with the existing rural lots and there is nothing could be further from the truth as far as I'm concerned. Also under the goals and objectives as it states new urban densities that abut or are even proximal to lower densities, that are residential, are to provide screening or transitional densities with larger, more comparable lot sizes to interface between rural and suburban -- or urban and rural densities. And that's what this case is. You have got urban right up against rural now. And so that's not even a hint of transition in this. I have -- I asked the developer on several occasions for some kind of transition on the perimeter, but I get no response. The staff report also states that the large lots are placed on the perimeter to provide transition between the large county parcels and the smaller internal lots, but if you look at the lots next to me -- this is my house right here -- these lots and these lots -- in this case here the internal lots are either larger or almost identical in size to these lots that interface to me. Am I done? De Weerd: If you could summarize. DeAngeli: Okay. De Weerd: Thank you. DeAngeli: Anyway, last year the city held Kingsbridge to 1.69 houses per acre with 155 foot wide lots interfacing to use and I'm just asking to hold Napoli to the same standard and help to save our neighborhood here. I'm also concerned about the sewage storage system that's going to be installed there. We didn't know anything about it, because it's brand new, I guess, and we have lots of questions and I gave some to our city engineer Len Grady earlier and I was hoping he could explain what that's all about and it's kind of scary for me, because right on that border there is where my bedroom is open and if there is any odor or something like that would be pretty concerned, so -- Meridian City Council July 18, 2006 Page 33 of 56 De Weerd: Len, this will be connected to city sewer; correct? DeAngeli: And, then, could we, please, have questions from Len when he finishes? Or not? Maybe that's not the right -- De Weerd: Yes. And, sir, I have a question for you as well once Mr. Grady can answer your question. DeAngeli: Okay. Well, he's got a list of questions. That might be easier than -- so I'll stand by here. Grady: Madam Mayor, yes, it will be -- it will be connected to city services. The short story on what's going on is about three or four months ago it became apparent that we were -- with our fast growth pace in the south that we were approaching capacity on our Ten Mile Trunk. In order to keep development moving and not stop waiting for the Black Cat Trunk to cross, we continued to try to get more through that trunk. This-- what we have proposed, what I came up with, was a -- is what's effectively known as an off-peak pumping tank and, basically, it will store sewage until your peaks are over with and, then, you begin pumping during -- during the off-peak pump. My hope is that Black Cat will cross, according to schedule, and that these will never be needed. However, I think at this point it's prudent to just insure that if something goes wrong with getting Black Cat there, that we have the ability to continue to supply service. So, it's really a fail safe. De Weerd: Thank you. Does that answer the questions as listed? Grady: My eyes aren't quite what they -- could somebody read them, because my eyes, I just -- De Weerd: I don't have my glasses tonight, so I couldn't. Bird: Will this tank be located on the far western property line to avoid proximity with existing neighbors' homes? Grady: It certainly can be located towards the west. I believe it is flowing northwest in that area. I haven't seen the final layout on what they are proposing, but that should not be a problem. Bird: Will it be designed fail safe, gravity feed exit to sewer line if pump fails? Grady: Absolutely. Again, it's my intention that this off-peak pumping not be required. It's there just in case we can't get Black Cat on line. So, it won't be utilized until some point in the future and so my intention is that they will be gravity flowing most, if not all the time. As far as fail safe, we always require a redundant pump and backup system, so -- Meridian City Council July 18, 2006 Page 34 of 56 Bird: Does any odor escape? Grady: The developers are required to provide aeration and to -- if required, put a facility in for adding chemicals. Bird: What is the tank made of and is it guaranteed not to leak? Grady: The one that we have at Black Rock was made out of concrete, probably -- I went out and looked at it the other day. I think it could withstand a bomb attack. It's really heavy duty. But we are not requiring -- because these are temporary facilities, you know, at best they'd only be in the ground one to two years, we are considering allowing ABS, that type of material. So, they will be designed and approved by a PE. Bird: Okay. You answered the next -- you answered the next one, then. It's temporary and one or two years at the max. Grady: That's what we are shooting for. Bird: Does any portion of the tank protrude above ground? Grady: It's certainly not necessary for any of that tank to be above ground. It has to by design be below ground. Bird: How many of these systems have been installed in the valley? Some of us would like to see what they look like. Grady: Certainly. Go -- Black Rock's in the ground and they have two of them installed there, so .- that's Eagle and Amity area. De Weerd: Now, Len, would they be able to see that if they are underground? Grady: They are still open, so they can take a look and peak down in there and see what's going on. I don't believe the pumps are in yet, but I think they will begin to get the yet idea what's going on there as far as the tank itself. Bird: They aren't up and running yet. De Weerd: Thank you, Len. Grady: Okay. De Weerd: Sir, I wanted to find out did the neighborhood -- or did the applicant have a neighborhood meeting? Meridian City Council July 1 B. 2006 Page 35 of 56 DeAngeli: Yes. There was an initial meeting with a different engineering firm and at that meeting there was a rough sketch of -- I believe it was 25 houses proposed and everyone present at the meeting said that we felt that it was far too dense and the applicant said that it probably wouldn't be that dense, ultimately. But, then, with the new engineering firm, the density changed from 25 up to 29 houses and the frontages became even smaller -- the adjacent lots became even narrower. Right now those lots are -- facing me are only 80 feet wide, which would almost preclude anybody from building a two story house. I don't think you can get a three car garage on there. All they can do is go straight up with two story, which is really not a good site out there in flat country. The whole western horizon from our home would just be blurred out by a wall of siding and so -- but once you get those lots spread out like Kingsbridge into 150 foot lots, there is some room in between to observe the rest of the world. De Weerd: Thank you, sir. DeAngeli: Okay. De Weerd: Mr. Frank Shoemaker signed up against. Shoemaker: Good evening. My name is Frank Shoemaker and I live -- pardon me. I have a five acre parcel to the adjacent -- let's see. Right there. That's my dwelling right there. I would like the Council members to recall that Kingsbridge Subdivision that's been mentioned here extensively -- and I think we all understand the opposition when Kingsbridge came in with their high density plan. This plan they proposed was based upon the Comprehensive Plan and the Council at that time stated that this was a unique area and maybe this was too high density of a project and, therefore, Kingsbridge went back to the drawing board and after a year and a half or so of hearings and meetings, they ultimately came up with a subdivision that has extensive common area and I believe along our -- this area right here we have 15,500 square feet as a minimum lot size. There is a six foot berm, plus a six foot fence on top of that, and one story dwellings, you know, which is seldom seen in the valley. So, they really wanted to make it a nice transition, so we wouldn't be looking at backyards of those dwellings. Napoli as proposed is a contradiction to what the Kingsbridge Subdivision was ultimately approved as. We have -- my understanding was 9,200 square feet was the average along this perimeter here. As Mr. DeAngeli stated, that results in 80 foot wide lots, two story houses. I did provide a disk with some photos. Do you have those? Canning: I have the paper copies, sir. The disks get -- and I think the Council has all of them. I can put them up, it's just the disks of photos sometimes get hung up on this computer. It's a little older. Shoemaker: Okay. Thank you. But, anyway, what I was trying to show was in the transition areas you have two story homes with a six foot fence and what you see is a 20 foot -- I mean that's what we might possibly see. Nothing has ever been shown as a __ we did have some preliminary plans on the front elevations, but they were -- as you can see there is more of a transition. You have some one and -- not so many two Meridian City Council July 18, 2006 Page 36 of 56 stories there. You know -- and here, again, this would be what we could visualize on our side. That's not too bad, really. I mean it's better than some, but it's still a two story and those are larger lots. So, if you make it down into the smaller lots -- like this is Woodbridge here, these people didn't complain because it's going to be commercial, so -- and, then, this is -- go to the next one, please. Am I up in time? De Weerd: Yeah. You can start to summarize. Shoemaker: Okay. To summarize, I think Napoli as approved is a contradiction to the Kingsbridge Subdivision. I also think that the Comprehensive Plan is -- is the culprit for this, as it identifies a developer that they can do that and that's all the developer did. They are only following the Comprehensive Plan. I would like to state in the P&Z hearing that they stated that they understood our concern, they felt that they had no control over the Comprehensive Plan and had to follow the intent of the plan, thus, they approved to -- the proposed plat as proposed. And even Commissioner Borup stated they like to see at least less lots and more common area. I mean we have no common area in this project, so -- traffic is a concern. We have two streets coming in on Zeldia Lane. According to Ada County you cannot have one on Eagle Road, so we have two streets coming on Zeldia, we have 29 houses. There is going to be congestion within the project, plus Zeldia Lane residents and, then, across the road from South Eagle, which is a two lane road, no turn lanes, we have an extension of the Tuscany Lakes Village. So, now we have to exit onto South Eagle. We also have the traffic of the 400 plus houses going in across the street. It's really creating quite a congestion, a nightmare. Thank you. De Weerd: Thank you, sir. Okay. Those are the names that signed up to testify. Is there any further additional public testimony? Sir. If you will, please, state your name and address for the record. Berdick: Madam Mayor, Justin Berdick, 4280 South Eagle Road. In regards to Phil DeAngeli's comment about the neighborhood meeting, I was at the neighborhood meeting. We didn't have an engineering firm assigned at that time. I guess the biggest issue is lot size and especially along the east side of the property and I guess we followed the -- as far as what the plan wanted. Kingsbridge -- the only reason why they continued on close to Zeldia is because their other phase was in a different zoning and from my understanding. Is that correct, Anna, that -- Canning: Different Comprehensive Plan designation on the northern portion. Berdick: So, they were asked to continue the same density down. I guess to ease the neighbors' minds, we started out -- in our neighborhood meeting we had 32 original lots, not 25, and, once again, their issue was there was, you know, way too high of density. We went back and we had a gross density of -- I think it was around 2.7 or 2.8 when we went to our pre-app meeting. Staff asked us to up it to get it closer to three, so that's what we did. I think -- you know, we followed along the guidelines of what everyone wanted. In their situation we would be willing to drop a lot along the bordering property Meridian City Council July 18, 2006 Page 37 of 56 along the five acres toward Phil DeAngeli. If that would make the lots continue larger, you know, we ~~ we don't like conflict, but I guess you just have to draw the line on do you follow the rules or do you stay with what people want. So, that's all I have, if there is any questions. De Weerd: Council, any questions? Rountree: Madam Mayor, it seems like there was an initial discussion with the neighborhood out there, but no follow through, no engagement, probably not a fall back position that the Comp Plan says we have got to do this, but, in fact, the Comp Plan says this is what the minimum would be. The Comp Plan will allow something more than this; correct? Canning: The medium density Comprehensive Plan designation has a target of three dwelling units to eight dwelling units per acre. So, it has both ends. But it does say you can request a step up or a step down. We have been trying to keep people at their assigned level, so -- Rountree: So, my question to you is would you be -~ and I'm presupposing here, but just for me to know, depending on the action taken this evening, are you open to having yet another neighborhood meeting to discuss what the options might be for you and what you might be willing to do? Berdick: I would and as far as follow up, I went around every one of these folks, I gave them -~ anytime we had a change on a preliminary plat, I'd go around and explain to them this is what we did, this is what the meetings went to. Rountree: Excuse us, folks, we are -- Bird: Yeah. Berdick: Anyways, I gave it to DeAngelis, Don Morgan, Gladys Allen I missed, by Don Morgan, and I put it in -- on their hanger on their mailbox and Roger Taylor I sat and spoke with him one evening. And Phil -- he actually had two of them. The first one that was the lower density and, then, the second one when we revised it after the pre-app meeting. So, in regards to your question, it's lower lots -- Rountree: I didn't say that. Serdick: Oh. Sorry. Rountree: I asked would you be willing -- Berdick: For a neighborhood meeting? Rountree: Yes. Meridian City Council July 18, 2006 Page 38 of 56 Berdick: I mean there is, obviously, issues, so -- yeah. Rountree: Okay. Thank you. De Weerd: Okay. Additional questions, Council? Bird: I got one question, Madam Mayor, if I could. De Weerd: Mr. Bird. Bird: Were you the owner of this property when Kingsbridge come through? Berdick: Yes. Well, my family is. Bird: Your family was. Yeah. Berdick: Yes. Bird: And you did testify at Kingsbridge, if I recall? Berdick: I didn't, no. We did not. Bird: Your family did? Berdick: No, we did not. Bird: Did not. Thank you. De Weerd: Any other questions? Okay. Thank you. Is there any further testimony? Ma'am, you have already testified. Would the applicant like to wrap this up, have closing remarks? Whitehead: Madam Mayor, Members of the Council, again, for the record Sabrina Whitehead, 1800 West Overland Road, Boise, Idaho. 83705. I have done a lot of neighborhood meetings, I have done a lot of pre-plats, I completely understand the neighbors' concerns and I know Justin wants to be a good neighbor and a good developer. I would just like to make a few comments just to clarify a few issues. De Weerd: Sabrina, could I ask you to pull the mike a little further away? Whitehead: Oh, am I too loud to you? De Weerd: Yes. Whitehead: Oh, I'm sorry. Meridian City Council July 18, 2006 Page 39 of 56 De Weerd: Thank you. Whitehead: Absolutely. I apologize. If we could go to the Comprehensive Plan zoning map, Anna, please? Thank you. Here is the subject property. To the east and south is zoned RUT. It's in Ada County. As far as five acre lots, half acre lots, that is most definitely appropriate for county zoning. However, across the street is Messina Meadows. They have the zoning of R-8. Much much higher density than what we are asking for. Where the Comp Plan slows down -- or kind of cuts apart is this is -- up here is lower density. This subdivision definitely is lower density. In the Comprehensive Plan as noted is medium density. The range is 3.0 to 8.0. We are asking for the bare minimum. Now, Anna, if we could, please, go the preliminary plat. As just noted, we are willing to transition -- would take one more lot out, but these are larger lots, 11,000, 9,000 square foot lots, 17,000 -- I know that's the largest one and I did notate that. But these are larger lots than the 8,000 lots. So, there is a buffer with an additional lot that would make an additional buffer for a transition. As far as -- sorry, let me get my bearing real quick. Irrigation water concerns. That would all be addressed during -- with our construction documents. We are not going to interfere with anyone's water rights. That's Idaho code. We dare not to. And so those will be handled at an engineer level and those will be -- as far as water rights. As Justin knows, a neighborhood meeting was done and, unfortunately, I wasn't the planner who handled the neighborhood meeting. I agree, I like to have several neighborhood meetings to make sure the neighbors' issues have been handled. If another neighborhood meeting would be required, I -- I don't know how the applicant would feel. We could possibly table and have another neighborhood meeting if you felt that would be appropriate. But I just wanted to make some few notes as far as the zoning and the surrounding subdivision. So, I will stand for any questions. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none further. De Weerd: I guess I do have a comment and -- Whitehead: Sure. De Weerd: -- and we know we are going to find this in the south in more places than just this and Council has been sensitive to the larger RUT lots and their desire to maintain and to have a better transition and I have heard them ask for 12,000 minimum and be -- have an apparent better transition and I guess -- staff cringes every time I start talking, especially about lot sizes sometimes. Just because of what's happening across the street does not make it something that is desirable. We are bringing in higher quality jobs and we need housing opportunities to house them, so they don't all have to Meridian City Council July 18, 2006 Page 40 of 56 live in other communities. So, you know, personally, I am looking for a diversity in housing choices that are going to balance the choices. And I'm only speaking for me. Whitehead: Sure. De Weerd: So -- but I think this is a unique area in how it's been developing out and how people have said we want to stay around. With that said also to the neighbors, we heard that in Kingsbridge and many of the neighbors who were pushing for the larger lots are now selling theirs and they are coming up with even higher densities than what abuts them. So, we have seen both sides of this and we are trying to find what that balance really is. But there is a transition necessary here and -- and I see that there is a market in the south to have some executive housing to -- to answer to the types of jobs that we are really trying to attract and I will get off my soap box now. Whitehead: Absolutely. Thank you. De Weerd: I know. Council always appreciates that, too. Anything further, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If I could say something. I agree with what the Mayor said. I think she's a hundred percent right and the sad part of it is some of the people that are in here, not wanting this to go with this density, will, one of these days, probably be in subdividing their ten or five acres wanting the high density. But that don't make it right. I'm like Councilman Rountree, I'd like to see you have another neighborhood meeting. I would be willing to continue this, see if you can't get some larger lots along that -- you know, along the side and stuff where you back up to the larger deals and I will assure you, as long as I'm on the Council, this is a standard that I want to see out there. What we have done in the past maybe hasn't been right, but I -- I think we need an area where the density isn't so high and I think this area is a good place to start. That's my personal opinion. De Weerd: Okay. Thank you. Whitehead: Thank you. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no further testimony this evening, I would move that we continue the Public Hearings for Items 18 and 19 and give the applicant and their planning and Meridian City Council July 18, 2006 Page 41 of 56 engineering support an opportunity to have another public meeting with the neighborhood and work on the issues that they have heard this evening, work on the philosophy they have heard this evening from the Council, and see if there is a common ground and bring their resolve back to the Council. I'm looking at the city clerk for a date certain. Wardle: National Night Out is the 1 st. Bird: Should be the 8th. Rountree: August 15th, 2006? Is that doable? Okay. Bird: I would second that motion. De Weerd: Okay. Wardle: Have a motion and a second. Discussion? De Weerd: There is no discussion on that kind of a motion. But we can ask for clarity if we can give further clarity to the developer and to the neighbors of what we are looking for. So, I do have a motion and a second to continue Items 18 and 18 to August 15th. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Mr. Wardle. Wardle: Okay. Madam Mayor, I was just going to -- as far as clarity, in my position on these larger lot subdivisions that abut future development within the Comprehensive Plan, I have good faith that the applicant can work with the neighbors. I have been one that, from a density perspective, don't necessarily feel that a huge transition can necessarily be made from -- you know, there is certainly some room, but I haven't been a proponent of the R-2 zones in the past, wasn't in the Kingsbridge Subdivision, just would like to state that I have it on the record for certain developments, certain sources, but ask the city clerk if you have further questions. Rountree: And we remember them well. De Weerd: Unfortunately, you're one vote. And I'm only a tie breaker, so -- staff, you had also asked a question on fencing for a change on the south and the east side. Canning: They had proposed new fencing and the condition just states construct four foot fencing as proposed, but they are now proposing six foot fencing. De Weerd: Okay. So, if that can be part of the discussion with the neighbors and -- okay. Meridian City Council July 18, 2006 Page 42 of 56 Canning: I think that was -- I think that was because of a concern expressed by the neighbors. De Weerd: Oh. Okay. Thank you, Anna. And thank you all. So, we will be hearing this again on August 15th. In the interim we do anticipate a neighborhood meeting. So, you may want to talk to the developer and applicant outside to ask any questions or feel free to call our staff tomorrow. Okay? Thank you. Item 20: Public Hearing: AZ 06-025 Request for Annexation and Zoning of 95.57 acres from RUT to R-8 and L-O zones for Barava Subdivision by RMR Consulting, Inc. -- southeast corner of West Franklin Road and South Black Cat Road: Item 21: Public Hearing: PP 06-024 Request for Preliminary Plat approval of 406 single-family residential lots, 1 office and 23 other/common lots on 94.05 acres in the proposed R-8 and L-O zones for Barava Subdivision by RMR Consulting, Inc. -- southeast corner of West Franklin Road and South Black Cat Road: De Weerd: Okay. Items 20 and 21 are public hearings on AZ 06-025 and PP 06-024. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Baraya project, I think it's said. And it's on the southeast corner -- or starts, basically, at the southeast corner of Franklin and Black Cat. Kind of an unusual shaped parcel. It's got kind of a chicken leg out here and, then, the large rectangular portion towards the east portion of the property. The applications before you tonight are annexation and zoning and preliminary plat. And the proposed density is 4.32 units per acre. The applicant is requesting annexation and zoning of 95.57 acres to R-8 zone and 1.68 acres of the site to L-O zone. And that is the -- this is designated as mixed use regional on the Comprehensive Plan. That is the reason for the L-O zoning. Here is the site plan. This is the easiest to see with this large property. I have the preliminary plat broken down in segments if you'd like to see it that way also. So, the applicant is proposing a preliminary plat for 406 single family residential lots, one office lot, and 23 common or other lots. The amenities include a multi-use pathway along the Perdham Drain. I think there is also a small segment through -- this is the Williams pipeline, comes through a corner of their property, which has a large setback requirement. They are also proposing a community park area that includes a pool and changing rooms and a tot lot and two half basketball courts. There was quite a bit of discussion in the staff report about the Comprehensive Plan designation. The Comprehensive Plan does call for mixed use regional. Almost all of the site is devoted to single family residential. And, then, the one office lot is here in the corner, the northeast corner. And shortly before the Planning and Zoning Commission hearing staff talked to the applicant, we just bantered about a couple different ideas. One was at least getting a mix of residential types along this collector road system that comes through and you will note that one of Meridian City Council July 18, 2006 Page 43 of 56 the DA provisions is that they will -- the applicant will apply for rezone and preliminary plat approval on these blocks to make them available for townhouses, thereby at least getting a little bit of mix of residential use to the project. The other discussion in the staff report that the Planning and Zoning Commission did add to the development agreement is restricting the developer to this western portion of the plat as shown and, then, giving the city 18 months, basically, to look at the -- to complete the Ten Mile specific area plan, to evaluate how this plan is consistent with that. If it was consistent, if residential seems to be the appropriate -- if this density of residential seems to be the appropriate use, then, they could go forward with that once that plan is adopted. If it wasn't, then, they would need to come back and replat this eastern portion from the Perdham Drain on over to the collector road. The final remaining development agreement provision that I wanted to talk about was that -- the L-O zoned area and there is provision that all future buildings within that area will comply with the schedule of use for the L-O zone and that they are subject to design review approval and that prior to issuance of any building permit with an L-O zoned area, the design review application be submitted and approved by the city. The Commission did hear this item and recommended approval at their June 15th hearing. Matt Schultz, the applicant, spoke in favor, as did Kent Brown. In opposition were Steve Moore, Ryan Stoker, Ron Moore, Brad Janicek. I believe those are several of the surrounding property owners. They all generally testified that they intend to do a more commercial development in the future. Again, this is not designated as commercial, it's designated as mixed use regional. So, there is an appropriate amount and type of residential of some sort. We are just not sure what it is or where it is yet and, again, that's why we are doing the Ten Mile specific plan. The key issues of discussion by the Commission were the appropriateness of the residential density and the future mix of uses in the area. The stub streets and street system. They did -- the Planning and Zoning Commission did remove one stub street requirement here. You have a collector street coming at the very eastern edge and, then, another stub street just one lot over. So, they did remove that stub street requirement. You still have stub streets -- you have got one here, one here, one here, one here. So, I think it's a total of six remaining. One, two, three, four, five. Total of five. They also talked about waiting 18 months to see what impact this Ten Mile specific area plan may have for this property. With regard to changes to staffs initial recommendation, they did remove the one stub street that I just mentioned and they required the development agreement's provisions that I have already outlined and, really, the outstanding issues for the City Council is do those DA provisions adequately address Council's concerns. Staff has struggled with this property knowing that we will be going into the Ten Mile specific area plan and knowing that this is within -- certainly within that area. We have the railroad tracks to the north. Here is Ten Mile to the east. Maybe this one goes out larger. Yeah. So, the Ten Mile area plan basically starts here, wraps around, goes to the south side of the interstate, comes all the way over here to McDermott and up to the railroad tracks. So, it's -- this is certainly within the core of that study. And with that I will answer any questions. De Weerd: Well, I appreciate you showing the planning area and I guess, Anna, I understand why you struggled will this. One, we are planning it so we can really determine the use, internal circulation, the supporting roads, and how it's all supposed Meridian City Council July 18, 2006 Page 44 of 56 to work together. There was a reason for that plan. And why this application, if it's mixed use regional and has one office lot, or -- it's not really mixed use either. So, it doesn't necessarily follow a Comprehensive Plan and I don't see -- Canning: And I misspoke a little bit. The property is actually divided. A portion of it is medium density residential. Most of the western half of it is medium density residential. It's the eastern half that's mixed use regional. I apologize for that. I forgot that. De Weerd: But that is what it is right now and for under study right now. Canning: Yes. De Weerd: Correct? Canning: Correct. De Weerd: Any questions, Council, for staff at this time? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just for potential use, on an application such as this, the city has no ability to put it on hold, so to speak. We have to take an action of some sort. And that would be a question either for Anna or Mr. Baird. Canning: I think if the -- if the applicant is willing, I think Council can continue it for some time. The concern would be that it is vested with the Comprehensive Plan designation that was in effect at the time it was submitted. So, without the voluntary act of the applicant, we couldn't say that they had to be consistent with the new Comprehensive Plan, unless they were to file a new application under that. De Weerd: Okay. Thank you. Is the applicant here this evening? If you will, please, state your name and address for the record. Schultz: Good evening, Mayor and Councilmembers, my name is Matt Schultz with RMR Consulting. My office is at 2127 South Alaska in Meridian. I'm here on behalf of the Baraya Subdivision. Thanks, Anna, for introducing the project and I'm here to convince you not to wait 18 months, that we do have a project that conforms to the master plan and I thank Anna for clarifying that we do, indeed, have -- is there a picture that shows the overall master plan anywhere, Anna? Kind of steps out -- Canning: I can get one up. It will take me a minute, Matt. De Weerd: There is one right there. Meridian City Council July 18, 2006 Page 45 of 56 Schultz: At the Planning Commission hearing I did submit for the record a plan showing our site overlaid on the master plan. That should be in your record as well. But just generally, the site is located on the south side of Franklin Road between Ten Mile and Black Cat, which, obviously, the focal point for Meridian as that the Ten Mile interchange is starting to get planned and we move forward here in the next several years on getting things going out here. This -- this side of the site over to here is medium density residential. The project consists of two parcels, one 80 acre parcel and one 15 acre parcel. Our one 80 acre parcel is bisected by two plan designations. One of them being medium density residential and one being the mixed use regional and, then, we have a canal or a large drain, the Perdham Drain, bisecting the site, which is a natural division, which doesn't necessarily follow the straight lines as they are commonly drawn on these comprehensive plans. Back in February when we started this project and had our pre-app with Meridian, there was talk that single family residential -- was a use allowable under the mixed use regional and having -- at the time all we had was the 80 acres and my client, who is a residential builder, if you look at the bigger picture of what is a prime mixed use -- you know, the typical mall or big box, if you look at a prime location, this is not it. The Ten Mile corridor -- this is a quarter mile away from Ten Mile, which is over here. This is an inferior product for mixed use. If mixed use does go out in this area, it's going to be after the interchange gets put in, probably -- you tell me, 2010, 2009, I don't know what the latest numbers are, but it's out there several years before mixed use really becomes a viable -- a traditional mixed use. We still maintain, based on staffs direction initially, that this portion, being on the fringe of a bigger medium density residential, is consistent with the master plan and we have done a lot of that forward planning -- I believe it was just awarded last month or earlier this month to a consultant. We have done a lot of that with our engineers. My consulting firm's experience, we have worked with ACHD very closely and provided a collector road here on our boundary that provides a very strong and definite transition between the single family and whatever may be a higher intensity closer to Ten Mile later. This collector road -- and what that lines up with, because we did do our fore-planning, is across the road here was a project called Silver Oaks, it's high density residential -- I don't know if I want to call them four-plexes or townhomes or whatever they are, but it is -- we thought it was good planning to line up with them, that's why there is a curve in the road here, and ACHD thought, oh, yeah, that's a good idea to provide good access down to the future higher intensity, a good division between our medium density and whatever might come in here, which we don't know yet. We have worked with the parks department very closely, stepping back at the bigger area and looking and where is the best place to put a future regional park and it's not on this site. There is a tendency with the first guy in they want to take a chunk, but I convinced Doug and Elroy that, hey, there is a better spot of it, it's not on this site, it's, actually, over here. De Weerd: It's always on someone else's property. Schultz: Well, honestly, as an engineer and a consultant, I was honest with them and I said, honestly, guys, let's look at the property ownership maps and the access issues out here and they went, you know, Matt, thank you for being honest with us, because most guys would say I don't want to do it, see you later, but I was willing to sit down and Meridian City Council July 18, 2006 Page 46 of 56 contact property owners and step through the bigger -- the bigger process if it needs to go on in this area. But I do understand your comment, Mayor, on that. De Weerd: I'm sorry. Schultz: Not on my site. There is that indication -- you know, knee jerk reaction. We have done two regional pathways, one along the Perdham Drain, and it's not real apparent, but there is a hundred foot wide easement here with no ditch, no nothing, it's just farm ground, but there is a regional pipeline that goes -- it's a multi-state pipeline, I believe, and we have actually -- nobody told us to do it, we are planning a pathway on our segment of it, so it could be continued in the future as things develop north and south and utilize that space, instead of just leaving it unusable. We have provided what we believe is the last -- the next step after you lose your private open space, you lose your backyards. We have five to the acre over here, which is not all that low density. That's about as high as you can go within the zoning ordinance without jumping to an alley-loaded lot, which you lose your private open space, and we are about four to the acre over here. Combined we are about 4.3. So, what we really tried to do, based on some decisions that were made last year, late last year on some other projects, we left some density on the table and really tried to walk the line on density versus private open space and some public -- you know, some common open space, a park with the pathways, really provide what we thought was the most appropriate project for my client, who is a single family residential builder, having bought the whole 80 acres, we want to do the best thing we could working with the neighbors. Mr. Janicek didn't like the fact he had three accesses to him, so we did delete that. Mr. Stoker was from Los Vegas representing the buyer of this project. He wanted us to wait 18 months just because. And there was -- I can't remember the other people that testified, but those were the main neighbors that we have been working with to provide access, provide something compatible with them within the confines of the master plan, which is medium density, even below us here. Residential. And, then, you get into mixed use. And who knows what that might be, mixed. We just don't know. And I'm not so sure waiting 18 months or waiting even a month is going to get us something different than this as one of the major shareholders in that process. I did provide an exhibit and a diagram showing that 80 acres and what -- I believe there was four square miles of study area. We are like two percent of the study area. It looks real big right here, but when you back out it's really -- it's very small and it's the boundary between -- I think it's the only spot where the master plan actually crosses property lines. This piece has duel zoning or master plan. It's all one piece, 114 acres. And our piece has the split zoning. This one's definitely on the freeway and probably appropriate. Ours -- like I said, the primary mall, if you will, if we ever get one that's going to go here, 1,300 feet is really the maximum you usually see, your high intensity, and we feel with that collector there we provide that good transition between the two. We are -- we have worked with Public Works on a sewer easement. We have got the alignment for it ready to go on that. We have worked with ACHD very closely. We feel like we have done a lot of that forward work at our cost and the neighborhood meeting process and the planning process that we provided a lot of foundation, we believe, for the new study area in this area and I don't think we are going against it, I think we are complimenting it with the work that we Meridian City Council July 18, 2006 Page 47 of 56 have done to get people to the table. I guess with that I'll stand for any questions and hopefully get your approval. De Weerd: Council, any questions? Bird: I have none at this point. Rountree: I have none. De Weerd: Okay. Thank you. Schultz: Thank you. De Weerd: Okay. I have one person signed up to provide public testimony. Steve Moore is signed up against. If you would like to provide testimony, please, come forward. Please state your name and address for the record. Moore: Madam Mayor and Council, my name is Steve Moore and my address is 820 South Black Cat, Meridian. My appeal tonight is offered in the spirit of what I believe is best for our community and offers a big picture view of this piece of real estate. Meridian has been my home since 1972 and I remember the time in the late 70s until the 1990s when the citizens of Meridian were Boise chamber of commerce's best friend, de facto. Specifically I mean Boise had the business and industrial revenue and Meridian had the expense of building the houses and schools for employees of those enterprises. In short, our community was unbalanced and often referred to as a bedroom community. That's no longer the case, gratefully. In the last decade we have seen a great turnaround, more balance, business, industry locating, as well as residences to balance growth. This particular subdivision is, in my opinion, a step back in the wrong direction. My concern is fueled by reality such as a recent front page Idaho Statesman article noting that the population shift to the west, so that the population center of the valley is now Eagle Road and Pine Street. This shift predictably will continue west may soon be at Ten Mile Road and Pine Street. Availability of residential parcels are and will continue to be less of an issue in the long term for Meridian than commercial and industrial parcels, especially as we see the south side of the interstate develop, too. A healthy community preserves its most attractive and logical places for commercial and industrial use not already taken for residential use. Residential use contributes for less and takes much more financially from a community. It appears to me that Meridian's present impact area and proposed impact area offers many places to build houses than logical industrial and commercial options. Specifically, Meridian has one interstate and one railroad track and appears in proximity to -- and areas in proximity to them should be preserved for their best use. It has not happened from Cloverdale to Ten Mile and we are, as a community, having to work around residences that probably never should have been built. Just now we have left Ten Mile to McDermott close to an interchange, which is ideal. As an off ramp comes to Ten Mile, the present face of our community can change for the better radically. Unfortunately, mistakes of the past will have to be financially compensated. It's too bad that the Meridian City Council July 1 S, 2006 Page 48 of 56 interchange was not decided and built years ago with a legitimate artery going north to Chinden years ago. We are, consequently, left with incredible amounts of pollution, road rage, wasted time, to name a few of the compromises created to our quality. De Weerd: Mr. Moore, if you can, please, summarize. Moore: Okay. What I'm saying is is that this is a mistake. Why make the mistake again when we have a chance to do it. Traffic patterns and street uses for residential property are different than commercial and industrial. An example would be a kid riding his bike into industrial areas where trucks are unloading and in the middle of the night these accesses and outlets are going to put residential traffic through a place where trucks and those kinds of things happen. And so I am just saying that tonight, in summary, I think it's a mistake to allow these 400 plus houses. I'd love to see this study done, because the first domino or a playing card that's played is going to affect the future and my appeal is I think one of principle and I ask to put the brakes on this until the whole area is studied, because once that area is lost to residential, it's lost. And I just think the interstate and the freeway, the railroad tracks, are a huge -- huge asset and buffers have to be built. This is hardly, in my opinion, mixed use when it's all single family dwellings and one commercial lot and there is going to have to be a lot of buffers to the industrial area. Thank you for your time. De Weerd: Thank you. Okay. Is there anyone else who would like to provide testimony on this application? Okay. Would you like to close? Grady: Madam Mayor, just real quickly I just want to provide some clarification. Matt said he had been working with Public Works on the easement for that Black Cat -- that is somewhat true, but it's been elusive at best. We don't have the easement yet. It is that remaining easement to get across to Overland. I guess I was hoping for a little more of a cut and dried on that easement. I just wanted to let you know that it's -- we do not have the easement yet. De Weerd: Thank you, Len. Okay. Schultz: Mayor and Council, if I could address the gentleman's comments, Mr. Moore, and also Len's, to summarize and wrap up. I understand Mr. Moore's frustration with the regional access issue that we have in Meridian. I'm a Meridian resident and I'm a little frustrated, too, but, fortunately, things are -- the wheels are turning and things are moving ahead to the Ten Mile interchange, the Meridian Road couplet -- I can name probably 40 million dollars worth of projects in the next five years happening within these couple square miles. So, relief is coming, at least from a transportation end regionally, which I understand is a concern. I did want to address -- throw some statistics out for the record. I wanted to point out that within that plan right there, if you take out our 40 acres that are mixed use regional, which I still believe the residential applies to that, there is 824 acres of mixed use regional left there in that color, over one and a third square miles. There is shown on this map 385 acres of industrial, about two-thirds of the section. It's showing 65 acres of commercial. You know, most of that Meridian City Council July 18, 2006 Page 49 of 56 commercial is going to get defined within that mixed use regional later as people come in. There is -- between the low and the medium there is over 1,300 acres of residential within the plan and the overall plan is 2,700 acres. That's what we are set in, 4.2 square miles. We really believe that this project has not put a dent in the mixed use regional, that is more traditionally thought of as big box, malls, whatever is going to come in. High high density residential, which right now we are not sure is a good market for it, even though we all know affordability is getting more and more of an issue as land prices go up and that's what's going to force the high density, is just nobody is going to be able to afford medium anymore, that work in our area. That's what's going to force the high density and it's already going there. We are trying to hang on and do something that works from an affordable end. To address Mr. Grady's comment on the easement, we do not want to portray that we are holding up the easement in exchange for -- that is not what we are here for. However, this political body right here has final say on our plan. Right now my client owns the property. Let's just say in the really unlikely chance this gets denied, might go back to the drawing board, that sewer alignment may change, we would be stuck with it, there is -- we are in a very high stakes position on both sides, we understand that. But we do not want to say, hey, we are holding the easement in exchange for approval. That's not what we are doing. We are just trying to be prudent with that sewer easement on what if. That's all we think about. We lay awake at night thinking what if this happens, what if that happens, and there is all kinds of things that can change. But we do have the easement ready to go. It is ready to go and we hope to move forward and have our site -- at least our first phase wants to be in this area. That's where our point of annexation is and I know in the past that has been a place where services would want to be provided, where you annex. This is also the best visibility for our marketing. It's where we have our common area that we want to provide with our first phase. So, we are not prepared to wait the 18 months. We don't think that we need to wait 18 months. We do think the results of the stUdy will come out the same. So, with that I hope to get your approval and I'm here to answer any of your questions you may have. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: And I guess my question is in response to your comment about the sewer easement. Everyone -- all those vacant properties on all sides of you have allowed an easement through for the sewer and they don't have any definite plans either. So, how would that put a kink in your planning? Schultz: Well, it may be an advantage to the city to have an owner that doesn't have a plan, that says, hey, I'll make it work later. This sewer easement, just as provided, goes down this road right here. That easement has been drawn up, the plan's been drawn up, the sewer lateral has been designed, it's ready to go. So, those other people -- Meridian City Council July 18, 2006 Page 50 of 56 De Weerd: That's not what I heard Len say. It wasn't ready to go. Because they are still waiting on that. Schultz: It is ready in terms of the easement has been written up, my client has reviewed it, my client is ready to execute it. In that respect it's right there, it's ready to go. The plan has been drawn. Everything -- all the questions and all the issues have been hashed out. What we are waiting for is this political body's final blessing on this layout -- if I came here tonight and you said you would want -- preferred this or you didn't like our lot width, that would change those plans. But we just don't know. We can only speculate as to what will happen at these hearings. De Weerd: Okay. Thank you. Schultz: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Len, is there any way that with that sewer you can go up Franklin Road and, then, cut across? Grady: Yeah. We can -- we have mapped out multiple paths with -- when Van Auker owned that, we were going to go around the drain, so we were going to head up Franklin. We were going to -- we can potentially go right down the canal. We have designed this to be pretty flexible in how -- how we proceed. Without this, of course, we are going to be building dry line to the south. I think-- Bird: Thank you, Len. I appreciate that. Madam Mayor, can 1-- De Weerd: Yes. Bird: -- make a little statement here? First of all, I see another Crossroads happening here. Get a high density in there and, then, all of a sudden you get industrial and stuff out there and every industrial thing or commercial thing comes through you got to -- 500 people sitting here swearing up and down they never heard of it, that it was all going to be -- you know, the real estate people told them that they'd never put commercial or stuff there. And I don't like to get threatened with being held hostage. So, as far as I'm concerned start your sewer somewhere else and this Councilman is not in favor of this as it sits. De Weerd: Okay. Thank you, Mr. Bird. Rountree: Madam Mayor, if there is no further testimony and there doesn't appear to be, I would move that we close the public hearings on Items 20 and 21. Meridian City Council July 18, 2006 Page 51 of 56 Bird: Second. De Weerd: Okay. I have a motion to close the Public Hearing on Items 20 and 21. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion? Further information needed? If not, I would entertain a motion. Rountree: Madam Mayor, I move because of the current study situation we are in and the unknown situation we are in, that sticking with my motto that I'm in no hurry, to deny the application for annexation on Item 20, AZ 06-025. Bird: I will second that. De Weerd: Okay. I have a motion to deny Item 20. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Thank you. Item 21. Do we still need to have an action on it? Baird: Madam Mayor -- and I will -- it's been awhile since this question's come up and I want to be consistent with my prior answers. We really don't have jurisdiction to act on it, but there needs to be a final action so the file can be closed. So, I think the motion would go something like -- because of the denial of the annexation and zoning, we'd move to deny the preliminary plat, because we have no jurisdiction to approve it. Does that fit the purposes of your file? Rountree: Madam Mayor, I move that because of the denial of Item 20, annexation, that we deny the proposed preliminary plat for Item 21, PP 06-024. Bird: Second. De Weerd: Okay. I have a motion to deny Item 21. Ifthere is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 22: Ordinance No. 06-1242 : AZ 06-006 Request for Annexation and Zoning of 10.01 acres from RUT to C-G zone for Kniahthill Center Meridian City Council July 18, 2006 Page 52 of 56 Subdivision by Sea 2 Sea, LLC - southwest corner of Linder Road and Chinden Boulevard: Item 23: Ordinance No. 16-1243 : AZ 06-005 Request for Annexation and Zoning of 58.56 acres from RR to R-4 (32.86 acres), TN-C (14.54 acres) and C-C (11.16 acres) for Kniaht Sky Estates Subdivision by Sea 2 Sea, LLC - northwest corner of Chinden Boulevard and Linder Road: De Weerd: Okay. Thank you. Items 22 and 23 are ordinances numbers 06-1242 and 06-1243. Mr. Berg, will you, please, read these two ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 06-1242, an ordinance for annexation of property located in the northeast quarter of the northeast quarter of Section 26, Township 4 North, Range 1 West, 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 C-G 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 No. 06-1243, an ordinance for annexation of property located in the south half of the southeast quarter of Section 23, Township 4 North, Range 1 West, 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, TN-C and C-C 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. De Weerd: Thank you, Mr. Berg. You have heard these two ordinances read by title only. Is there anyone who would like to hear it read in its entirety? We appreciate you always shaking your head no. Mr. Wardle. Wardle: Madam Mayor, I move we approve Item 22, Ordinance No. 06-1242, and ordinance -- or Item No. 23, Ordinance No. 06-1243, with suspension of rules. Rountree: Second. Meridian City Council July 18, 2006 Page 53 of 56 De Weerd: Okay. I have a motion to approve Items 22 and 23. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 24: Approve 2007 Fiscal Year Tentative Budget: De Weerd: Item 24 is approving the 2007 Fiscal Year Tentative Budget. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I take it that's the budget that was given to us on the 14th? De Weerd: Yes. Bird: And I see nothing wrong with the budget, except in the Parks Department I have no problem leaving in the 200,000 for the lighted softball fields, but I -- I don't -- I don't know what softball fields we want to light. But I think we need to leave it in there, don't get me wrong, and I'm all for that, but I -- I'm not a hundred percent sold on the ones that we were approached with, but we -- I'd have no problem with leaving it in. De Weerd: Mr. Bird, I do know that we were going to come back with a joint use agreement proposal for you and further information, so we will certainly bring that back before the Public Hearing on the budget, so you can have that information at that time. Bird: Sure. Yeah. I'd like to -- I just wanted that on record, that while we are leaving the 200,000 in there, I'm not agreeing right now with where it was approached as being put. Wardle: Madam Mayor, just for that -- it's been budgeted, not appropriated. Bird: That's right. De Weerd: That's correct. Rountree: And I agree with that comment, that I don't think that it ties it to a specific activity, other than lighting a ball field somewhere. Wardle: Needs further discussion. Rountree: Yes. Meridian City Council July 18, 2006 Page 54 of 56 Berg: Madam Mayor, I will just reiterate this does not approve anything. It just gives us the figures that we have to notice to the public. Your final decision will come after the Public Hearing on the 29th of August. De Weerd: Thank you. Mr. Grady. Grady: Thank you, Madam Mayor. De Weerd: Oh, I'm sorry, Mr. Grady, before we ask you for your comments, I do need a motion from Council. Sorry about that. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we approve the proposed fiscal year 2007 budget of a total budget of 89,878,533 dollars. Rountree: Second. De Weerd: Okay. You have heard the motion. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Bird: Madam Mayor, before you get that comment -- Charlie just mentioned that my first year was a 12 million dollar budget. We have grown a little in eight years. De Weerd: I think we have a lot of Public Works projects. And speaking of Public Works. Grady: Madam Mayor, I have just been handed a signed easement for the project in question. And I believe Matt would like to ask for a follow-up comment, I guess, in exchange. So, he has given me the signed easement for that property and I guess he wants -- in return he wants to make a follow-up comment with regard to -- De Weerd: Okay. Mr. Schultz. Schultz: Madam Mayor and Council, as a consultant I get some thoughts sometimes and -- Rountree: That's what you get paid for. Meridian City Council July 18, 2006 Page 55 of 56 Bird: That's why you make the big money. Schultz: Not now. My client's not here, but we did grant the easement afterwards. I know it's a little late and all that, but I do want to apologize if we did offend in the presentation of that. I do -- I'm a Meridian resident. We need that sewer trunk through there. I'm also a civil engineer and I know you can design around it. I know you can. If you put me in that same spot, Mr. Bird, I would have said the same thing. I would have said let's just design around this sucker and get on with it, you know. But having said that, I do know that this is the cleanest, best route. I know Len's ready to go, anxious to go, and I just don't know the procedure for asking for reconsideration. De Weerd: Mr. Baird. Baird: Madam Mayor, Members of the Council, I would suggest that you -- we don't have a specific procedure, but we would allow you to request it anytime before the Findings for denial would be approved. So, it would be in your best interest to submit a letter requesting reconsideration to the city clerk as soon as possible, preferably before the next meeting. Schultz: How about tomorrow at 8:05. Baird: Upon receipt of that letter, it will be scheduled for the next available agenda, solely for the purpose of deciding whether to grant the reconsideration. So, we are usually looking in the request for some new information, something that was missed, some -- you know, some explanation of why it would be useful to revisit the matter. Schultz: Okay. Thank you. De Weerd: Thank you. Okay. If there is no further business in front of Council, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. Wardle: Second. De Weerd: Okay. All those in favor? All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council July 18, 2006 Page 56 of 56 MEETING ADJOURNED AT 9:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) --~ MAYOR T g / g / tfJb DATE APPROVED