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HomeMy WebLinkAbout2006 08-15 Meridian City Council MeetinQ AUQust 15. 2006 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, August 15, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Joe Borton and Charlie Rountree. Others Present: Bill Nary, Will Berg, Anna Canning, John Overton, Ken 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. We will go ahead and open up the City Council meeting. It is Tuesday, August 15th. We would like to welcome you here tonight and I will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item NO.2 is the Pledge of Allegiance. Tonight we will be led in the pledge by Councilman Bird. If you will all rise. (Pledge of Allegiance recited.) De Weerd: Thank you, Mr. Bird. Bird: Thank you. De Weerd: I would give you a City of Meridian pin, but I think you already have several. Bird: Yeah, I think I have a couple. Item 3: Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: De Weerd: Item NO.3 is our community invocation. Tonight we will be led by Pastor Steve Moore. Is -- there you are. And if you will all join us in the community invocation or take this as an opportunity for a moment of silence. Nice to see you. Moore: Our God in Heaven, we already know what so many in our nation are discovering, that this is a wonderful place to live and we praise you for your blessings in Meridian City Council August 15, 2006 Page 2 of 32 the past of this city and the world in which we live, the part of the world. We thank you for the opulence and the freedom of choice that we have, the great truths that we just pledged allegiance to and we don't want to take those for granted. Father, we thank you for those in the past that have served this city and have given us such a heritage. We also thank you for these of the present that have such heavy responsibility in the light of all of the growth and the decisions that are thrust upon them and in some ways I'm sure they -- they wish this was still a sleepy little hollow and I just recognize that they are -- have put themselves in a position to be criticized and tonight there will be pressures brought to bear and people on both sides of issues, good people on both sides that have their perspectives. We pray that they would exercise good judgment and we offer them to your direction. You have said ask for wisdom and so we do that tonight. I pray that you would continue to bless our city. I pray that we would be a people that would care about our youth and the future that we would make decisions that are not just for the here and now, but we continue this heritage. And, Father, thank you, thank you for those who put their lives on the line. Tonight we can't help but think of what's happening in the Middle East and Iraq and people from this town that have gone to serve and keep our world safe and better. Bless them as well. And we pray that we would each be directed by you and your Spirit to use the gifts that you give us for your glory, in the name of Christ I pray, amen. De Weerd: Thank you, Pastor Moore. Okay. Mr. Nary, would you like to also announce a death that we have had over this last week that -- a long time resident and certainly a spiritual mentor. Nary: Thank you, Madam Mayor. Yeah. Pastor Everett Roberts of Meridian Gospel Tabernacle House of Praise passed away last weekend. He was the pastor emeritus of the church and was the founder and pastor of that church for 60 years before he retired. He passed away last Friday at the age of 93 and there is a memorial service this Friday at 2:30 at Meridian Gospel Tabernacle on 1507 Meridian Road and he was a long time mentor, not just for myself and Mr. Berg, but for many people in this community and served this community in lots of great ways. Was the Grand Marshall of the Centennial Parade, I believe, in 1993. Very well known and very well respected member of our community and a very sad of his passing, but he certainly lived a long life and certainly added a lot to this city of ours. De Weerd: Thank you, Mr. Nary. I think, Council, in light of the deep roots that the Roberts family has, I think if you would not be opposed to do a proclamation for Friday in his honor. Bird: That would be fantastic. Item 4: Adoption of the Agenda: De Weerd: Mr. Berg, could you help assist with that? Thank you. Okay. Item NO.4 is the adoption of the agenda. Meridian City Council August 15.2006 Page 3 of 32 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Item N on the Consent Agenda we'd like to move to the regular agenda, make it 7- N. Item 12 on the regular agenda needs to be continued to September 5th, 2006. And Item 15, the ordinance number is 06-1251. And with that I move we approve the agenda as presented. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the adoption of the agenda as noted. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of July 10, 2006 City Council & ACHD Commissioners Special JoinUWorkshop Meeting: B. Approve Minutes of July 25, 2006 City Council Regular Meeting: C. Approve Minutes of August 1, 2006 City Council Special Meeting: D. Findings of Fact and Conclusions of Law for Denial: AZ 06- 008 Request for Annexation and Zoning of 23.39 acres from RUT to R-4, C-C and L-O zones for South Eaale and Victory Road Property Owners Alliance Annexation by the South Eagle and Victory Road Property Owners Alliance - east side of South Eagle Road on both the north and south sides of Victory Road: E. Findings of Fact and Conclusions of Law for Approval: RZ 06- 005 Request for a Rezone of 1.004 acres from R-4 to L-O (Limited Office District) for Meridian Professional Office by John Homan - 2835 and 2825 North Meridian Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 06- 026 Request for Annexation and Zoning of 60.96 acres from RUT to R-8 zone for Paramount South 60 Subdivision by Paramount Development - northeast corner of North Linder Road and West McMillan Road: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 025 Request for Preliminary Plat approval of 201 residential lots and 13 common lots on 59.81 acres in a proposed R-8 zone for Meridian City Council August 15, 2006 Page 4 of 32 Paramount South 60 Subdivision by Paramount Development - northeast corner of North Linder Road and West McMillan Road: H. Findings of Fact and Conclusions of Law for Approval: AZ 06- 027 Request for Annexation and Zoning of 3.92 acres to an R-8 zone for Tapestry Subdivision by Raftis Tapestry, LLC - 635 and 675 South Under Road: I. Findings of Fact and Conclusions of Law for Approval: PP 06- 026 Request for Preliminary Plat approval of 20 residential lots and 4 common lots on 3.92 acres in a proposed R-8 zone for Tapestrv Subdivision by Raftis Tapestry, LLC - 635 and 675 South Linder Road: J. AQreement for Professional Services with BDS Billinn Document Specialists for Billing Processing Services for Meridian Utility Billing: K. Contract for McMillan Water Main Desian on McMillan Road between Wild Goose and Palatine with Civil Survey: L. Public Works Budaet Amendment for Fuel I Diesel Line Item: M. Development Agreement: AZ 05-061 Request for Annexation and Zoning of 9.55 acres from RUT to C-G zone for Una Mas by Una Mas, LLC - 3475 East Ustick Road: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move on the Consent Agenda that we move Item N to 7~N. And with that we approve the rest of the Consent Agenda and for the Mayor to sign and the clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second on Item 5 to approve the Consent Agenda as changed. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council August 15, 2006 Page 5 of 32 Item 6: Department Reports: A. Public Works Department - Len Grady 1. Aareement for Hookup of City of Meridian Sewer and Water Services for JLJ Enterprises at Bittercreek Meadows Subdivision: De Weerd: Okay. Item 6-A. Mr. Grady. Our light keeps getting worse and worse. Berg: Madam Mayor, the bulb is on order. It is back ordered, because they don't have any in stock and we have considered to purchase a backup at one time, but 425 dollars sitting on the shelf, we thought we could get it way before it went out. De Weerd: So, we ordered two this time, huh? Berg: Yeah. De Weerd: Okay. Well, apologize to our public that the view is not very clear. We will try and share as much information verbally as we can. Mr. Grady? Grady: Madam Mayor, Members of the Council, I'm here to talk about a Bittercreek agreement with JLJ Enterprises. Basically it -- from the map there, for those of you having trouble seeing, the Bittercreek Subdivision is down towards the south there and it would -- this agreement would consist of water and sew er for that subdivision and pressure sewer coming up and pumping into the Black Cat Trunk area. Roughly, two miles there. The next slide shows a summary of responsibilities. Basically, JLJ Enterprises will design, construct, and donate everything, with the exception of the lift station. The City of Meridian will design and construct the lift station and own and operate all of the utilities. Second to this department report is a design contract with CH2M Hill for exactly that design of that lift station. We would consider this to be an interim regional lift station. In other words, we don't anticipate this would be the final location, but certainly would, you know, depending on years, serve us for several years. Depending on growth down in that area would serve us for several years. With that I will stand for questions. De Weerd: Thank you, Len. Any questions for Len at this time? Bird: I have none. De Weerd: Council, no questions? Okay. I think staff is seeking a motion on this. Rountree: Mr. Mayor? De Weerd: Mr. Rountree. Meridian City Council August15,2006 Page 6 of 32 Rountree: I move that we approve the agreement and have staff move forward with the agreement and contract for the hook up to Meridian city sewer and water for JLJ Enterprises at Bittercreek Meadows Subdivision. Bird: Second. De Weerd: Okay. I have a motion and a second to approve staff's request. Is there any further discussion, information needed? Seeing none, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. 2. Task Order. Scope of Work and BudQet for EnaineerinCl Services for South Area Lift Station and Pipeline Proiect Amendment No.2 with CH2M Hill: De Weerd: Okay. Item A-2. Grady: And that would be the CH2M Hill agreement. It's roughly 190,000 dollars. Obviously, was contingent on part A of this discussion. We are under a fairly tight time frame to get this up and operational by the first part of next year. So, this contract would include design, sizing, and a fairly tight time. De Weerd: Okay. Council, any questions? Bird: Ma'am, I got one dumb question. De Weerd: Mr. Bird. Bird: Len, what size is brought on board out there on Black Cat? Grady: It would be quite a bit smaller. We are looking at roughly in the neighborhood five cfs. You can translate that to roughly 5,000 ERUs, a rough scale there. Bird: Okay. Thank you. De Weerd: Okay. Any further questions? Okay. Do I have a motion? Rountree: Madam Mayor, I move that we approve the contract for CH2M Hill for 190,000 and authorize the Mayor to sign and the Clerk to attest. Bird: Second. De Weerd: Okay. I have a motion to approve the request on Item 6-A-2. If there is no discussion, Mr. Berg, will you call roll. Meridian City Council August 15, 2006 Page 7 of 32 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: N. Aareement to Sponsor Development of Written Work with The New Heritaae Theatre Company: De Weerd: Okay. Council, Item 7, we did remove Item N from the Consent Agenda, which is an agreement sponsor development of the written work with the new Heritage Theater Company. This item is brought to you as a request by the Mayor's Anti Drug Coalition. It is to move forward with an outreach to the youth in our community through the new Heritage Theater to speak on different substances that we are seeing problems with in our schools. They have raised the money through sponsorships from our business community. One of the largest donors is Jackson Food Stores. They have provided a sponsorship of 8,500 dollars. So, this item is in front of you as just kind of a pass through. There will be no tax dollars towards this project. It is solely raised through funds provided by sponsors. Are there any questions? Bird: I have none. De Weerd: Okay. I would need a motion to approve this item. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Thank you for that explanation. I think that definitely needs to get out in the public, show what your group are doing, how hard they are working at this and I would move that we approve the sponsor development of written work with the new Heritage Theater Company. Rountree: Second. De Weerd: Okay. I have a motion and a second. Just in form of discussion, Council, this will provide the written script. It will be available, then, for production in our school district, not just Meridian, but the entire school district. We are fund raising right now for additional monies to bring it to production and are writing grants as well towards that goal. So, if -- if and when we get to that point -- I don't say if -- when we get to that point you will see, then, an agreement for a pass through funds on that as well and we have already started the fund raising for that. So, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. Meridian City Council August 15,2006 Page 8 of 32 MOTION CARRIED: ALL AYES. Item 8: Tabled from August 8, 2006: FP 06-032 Request for Final Plat approval for 107 single-family & town home residential building lots, 23 common lots, 3 commercial building lots & 2 other lots on 22.95 acres in C-C, R-8 and R-15 zones for Hiahtower Subdivision by Hightower, LLC - Southwest corner of Jericho Road and Chinden Boulevard: Item 9: Tabled from August 8, 2006: VAC 06-010 Request to Vacate a portion of Jericho Road north of W. Hightower Drive and south of State Highway 20/26 for Hiahtower Subdivision by Hightower, LLC - Southwest corner of Jericho Road and Chinden Boulevard: De Weerd: Okay. Items 8 and 9 on FP 06-032 and VAC 06-010 are regarding the same subdivision. I understand from staff that we do have written agreement from -~ the applicant's in agreement to staff comments; is that correct, Anna? Canning: Yes, ma'am. On the final plat they are in agreement with the conditions of approval. With regard to the variance quickly, one of the conditions of approval for Hightower ~- you may remember that ITD had requested that Jericho be closed and ACHD had concurred with that and the applicant has worked with the property owner across the street, which is JLJ Enterprises also, and they are submitting the application to the Ada County Highway District. So, this is our consent to vacate Jericho Road just from where it joins Westborough Subdivision here on the very far east boundary of Hightower. De Weerd: And, Anna, access would be given, then, through the development that is-- Canning: Correct. Council approved a new collector road that lines up with Castlebury Drive and this would be a collector road coming into the project and will provide access by this east-west route here going over to the Westborough Subdivision. De Weerd: We appreciate that and we are approving an access and deleting an access to help with that access management on a soon to be and already very busy road. Thank you, Anna, for your staff's efforts. Council, any questions on these two items? Okay. I would entertain a motion. Wardle: Madam Mayor, just a point of clarification. Item 9 is not a Public Hearing, action item only? De Weerd: That's correct. Wardle: I would move that we approve Item 8, FP 06-032, and Item 9, V AC 06-010. Borton: Second. Meridian City Council August15,2006 Page 9 of 32 Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Actually, for a vacation you do have to have a Public Hearing. I think it just was an error that it got noticed as tabled, rather than continued, but it is a Public Hearing. De Weerd: Oh. Okay. I thought since it wasn't a Public Hearing we had already closed it -- Nary: I think it -- yeah. We hadn't actually heard it. De Weerd: We haven't closed it? Nary: We hadn't actually heard it. We had just actually continued them all -- De Weerd: Okay. Nary: -- because they weren't ready, so -- De Weerd: Well, I apologize. Nary: It should have said continued, rather than tabled. De Weerd: Okay. Rountree: For both eight and nine? De Weerd: No. Just nine. Okay. Wardle: Second agrees and I will amend my motion to approve Item eight, De Weerd: Okay. Borton: Second agrees. De Weerd: Thank you. And sorry for the confusion. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item No.9, I will go ahead and open as a Public Hearing on VAC 06- 010 and have staff comments. Anna, do you have additional comments on this item? Canning: Madam Mayor could you give -- is this Messina Meadows? I'm sorry. Meridian City Council August 15, 2006 Page 10 of 32 De Weerd: No. This is Hightower Subdivision, item you had just covered -- Canning: Okay. De Weerd: -- on the vacation. Canning: No. De Weerd: Okay. Canning: If you can give me a moment, most vacation requests are Public Hearings, but I believe because you're not the final decision maker, you're, actually, not conducting the Public Hearing. So, I don't know -- it's probably okay if you do, so -- do I need to look it up or -- Nary: No. I mean you still have to hold a Public Hearing on -- at your level to make your final decision. The final decision maker is the highway district. But we do hold it as a Public Hearing to get any other feedback or input before you make that recommendation. De Weerd: Okay. Thank you. Canning: No comments on the final plat. We have a letter from the applicant stating that they are in agreement with the conditions of approval. De Weerd: Okay. Is the applicant here tonight? Would you like to provide any comments? Okay. Well, is there any member of the public who would like to make comments on this item? Okay. Seeing none, it is an item that we send a recommendation to the Ada County Highway District and, again, this is an important element in our efforts to restrict or consolidate access to a state highway. So, as the application came through that was the end goal and so recommendation is needed and strong recommendation to Ada County Highway District. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on V AC 06-010. Rountree: Second. De Weerd: Okay. I have a motion to close the Public Hearing on Item 9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council August 15, 2006 Page 11 of 32 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAC 06-010 and have the attorney send a letter with a strong recommendation of our approval to ACHD for their final decision. Rountree: Second. De Weerd: Okay. I have a motion and a second to instruct the city attorney to send a letter to ACHD with City Council's recommendation -- strong recommendation to approve this vacation. Any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: FP 06-036 Request for Final Plat approval for 70 single-family residential building lots and 6 common lots on 14.47 acres in an R-8 zone for Messina Meadows Subdivision No.2 by Tuscany Development - west of South Eagle Road and north of Amity Road: Item 11: FP 06-037 Request for Final Plat approval for 47 single-family residential building lots and 1 common lot on 11.45 acres in an R-8 zone for Paramount Subdivision No. 13 by Paramount Development, Inc. - west of Meridian Road and north of McMillan Road: De Weerd: Okay. Items 10 and 11 it looks like we got comments from the applicants that they are in approval with staff comments. Anna, do you have any comments on Items 10 or 11, FP 06-036 or FP 06-037? Canning: No, ma'am, I do not. De Weerd: Okay. Council, do you have any questions for staff? Okay. If not, I would entertain a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve FP 06-036 and Item 11, FP 06-037. Berg: Second. Meridian City Council August15,2006 Page 12 of 32 De Weerd: I have a motion and a second to approve Items 10 and 11. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from August 8,2006: VAC 06-004 Request for Vacation of the existing utility easements on the interior lot lines for Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision NO.3 Sundance Subdivision No.5 by Dave Evans Construction - northeast corner of Ustick Road and Meridian Road: De Weerd: Okay. We have a request on Item 12 to continue this Public Hearing to September 5th. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 12 to our next -- that isn't -- to September 5th, 2006. Bird: Second. De Weerd: Okay. I have a motion and a second to continue Item 12 to September 5th, 2006. All those in favor say. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 13: Continued Public Hearing from July 18, 2006: 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 14: Continued Public Hearing from July 18, 2006: 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: Okay. Items 13 and 14 are continued public hearings from July 18th on AZ 06-024 and PP 06-023. I will open with staff comments. Canning: Madam Mayor, Members of the Council, again, this is the Napoli project. It's located just south of Kingsbridge, immediately across from Messina Meadows final plat, which was just approved a moment ago. It is on the east side of Eagle Road and, then, Meridian City Council August 15,2006 Page 13 of 32 south of Zeldia Lane, which is a private lane in the county immediately to the north of this project. The gross residential density as originally proposed was 3.07 dwelling units per acre, just barely within the medium density designation listed on the Comprehensive Plan. This was the site plan you saw last week, just for -- not last week. In July for reference. They had a number of -- it was R-4 zoning on 10.17 acres. Lots ranged from about 8,500 to 12,000 square feet in area. Some being a little larger. And there was approximately 10.61 percent of the site being set aside for open space. This is the revised plat. They have lost three lots. One here in this center block and two along the outside L-shaped block -- reversed L-shaped block. So, they are down to 26 buildable lots. Lot sizes along Eagle Road range from about 8,500 square feet. They are all right in that target there. Lots in the interior are 9,900 to 10,500 and, then, the lots in Block 3 are 11,800 to 18,000 square feet in area. The open space increased from ten to 12 percent. Again, they weren't providing one open space lot, they do have the separated sidewalk and, then, the landscaping along the entrance road for Zeldia Lane. One other item. At the last hearing the applicant did agree to amend site specific condition 1.15 to state that they would provide a six foot tall closed vision vinyl fence around the perimeter of the development, tapering to three feet at the main northern entrance as proposed. That gets you up to date on the previous hearing. You did ask the applicant to go back and have a neighborhood meeting and to consider transitional lot sizes. You also discussed common open space areas and the transition to larger homes versus the Comprehensive Plan designation for the area. With that I will end staff's presentation. If you have specific questions I would be glad to answer them. Or try. De Weerd: Council, specific questions for staff at this time? Rountree: I have none right now. Bird: I have none at this time. De Weerd: 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 am here on behalf the F&C Development and Briggs Engineering. My business address is 1800 West Overland Road, Boise, Idaho. 83705. And this evening, as Anna has stated, I'm in front of you concerning the annexation, zoning, and preliminary plat for Napoli Subdivision. And as we all remember from our July 18th hearing date, we were tabled in order to have another neighborhood meeting with the surrounding neighborhoods. I would like to just personally thank the Council and Mayor for the opportunity to go back to have the second neighborhood meeting and to be able to present those findings to you this evening. Before I begin I would just like to make a note that within my job I would have to say that working with the neighbors and working through issues is probably my number one most difficult task that I have. It's really just -- it's a fine line. The line determines many aspects. The aspects range from the developer's dream and vision of the subdivision, as well as the neighbors' rights and views of the area. It is a hard line Meridian City Council August 15,2006 Page 14 of 32 to work, not only to help mitigate any problems that the neighbors may have, but also you have to help not infringe on the property rights that the developer has. Unfortunately, there is no simple answer and if there was my job would be a lot easier. So, a comprise and meeting a common ground is really hard to achieve. And on that note I'd like to discuss our neighborhood meetings that we conducted for Napoli Subdivision. After the July 18th hearing we conducted our first meeting on August 1 st. Notification was sent out to include 600 feet surrounding the subject site. Discussion that evening pertained to the buffering of the larger lots with an open space for children to play in. The developer went back to modify the layout to include a decrease from 29 buildable lots to 26, with a common area of around 11,500 square feet in the middle of the subject site. This was a change from the developer's original plan, which removed the eight foot planter strip and decreased the road width from 60 feet to 50. With the road modification and with the larger perimeter lots, the lots increased in width from approximately -- to 85 feet. We held a second neighborhood meeting, showed the changes on August 8th. Overall, the neighbors did not like the new site plan. Their issues were that the width of the perimeter lots were too small and that the lots in the middle were too small as well. The neighbors wanted to see a lot width that was over 100 feet and a community open space was not a concern. They, in fact, would rather see the common space divvied out into lots to make them larger. The rationale behind this that if the lots were larger the kids would play in their own yards. The developer revised the layout once again. He divvied up the common space along the lots in the middle of the plat, since the lots ranged in size from 9,936 to approximately 10,500 square feet. The lot width for the perimeter lots were increased to 105 feet in width, with lots ranging in size from 11,800 square feet to 18,000 square feet. However, with these changes the neighbors were still not happy with the layout. They decided overall what they wanted to see was to have a minimum lot size of 12,000 square feet for this development. Now, as I spoke before, this is where the fine line really takes place. Financially, the developer has taken out all he can. To not only have -- just to only have 12,000 square feet lots the development would not pencil out. Unfortunately, that elusive common ground could be found and the developer has taken great time and financial expense to constantly revise the layout to the best of his ability. However, unfortunately, no resolution could be made. At this time I'd like to stop and allow for the developer, as well as the neighbors, to make their comments and I will finish my closing remarks during my rebuttal time and I will stand for any questions that you may have. De Weerd: Council, any questions for the applicant at this point? Your developer can have the rest of your time. Is he here? Sabrina? Oh. Sorry, you will need to speak into the mike. Edson: Madam Mayor, my name is Gary Edson. I'm here representing the developer and we would like to reserve our time until the end of the presentation if we could. De Weerd: Okay. You are given a certain amount of time in the rebuttal part, so-- Edson: If we could possibly add it to that. Meridian City Council August 15, 2006 Page 15 of 32 De Weerd: Council, would you -- Bird: That would be fine. De Weerd: As long as it's not new testimony that -- the neighbors should be able to be able to comment on that. Edson: It wouldn't be testimony. De Weerd: Okay. Edson: It would, really, just be a summary for -- sort of our view of what the Comprehensive Plan provides. De Weerd: Okay. Thank you. And just for the record if you will state your name and address. Edson: I'm sorry. Gary Edson and my address is 338 East Bannock Street in Boise. De Weerd: Thank you. Yes, Mr. Wardle? Wardle: Madam Mayor, if -- certainly in our process we have time for the applicant to respond to comments from the rest of the public, but if we are going to hear -- if we are going to hear testimony in regard to the application and, then, take comment from the neighborhood, I would prefer to have that testimony up front. De Weerd: He suggested it wasn't testimony, it was a summary. So, that's certainly-- Wardle: He should be able to do that, but -- Bird: Madam Mayor? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I think you tried to make it clear to Mr. Edson and I guess as long as they are clear -- what I thought I heard him say was what they wanted to include was references to the Comprehensive Plan and whether it complies with that. That doesn't sound like rebuttal to me, that sounds like initial testimony as to why this application is in compliance with our codes and Comprehensive Plan and I guess my concern would be is if he brings that up in rebuttal, it may require us to allow the other parties to, then, have another opportunity to rebut and I think that's what you're trying to avoid. So, if he understands that if it's anything outside of what is purely rebuttal, you're probably going to stop him and he's not going to get to make all of those statements that he may think he can. It may be best to make them now. Meridian City Council August 15,2006 Page 16 of 32 Bird: Madam Mayor? De Weerd: And, sir, you understand that? Bird: I agree, I think the -- Rountree: Get it out front. Bird: Get it out front. Edson: Thank you, Mr. Nary. With that clarification I think, then, I will take the opportunity to make my comments De Weerd: Okay. Thank you. Edson: Essentially, the points that I would like to make really deal with the issues of the Comprehensive Plan. My client finds himself in the position of having presented a final plan -- or final plat for consideration, which is below the minimums -- Nary: Mr. Edson, could you pull the mike up a little bit. We are having trouble hearing you. More towards you. There you go. Edson: What he's presented is a plan that's below the minimum required. It's three to eight units per acre to be in the designation R-4. What we have before you tonight is 2.7 units per acre. 2.75. So, we are below that minimum standard. What we find ourself with is an issue where neighbors are used to a rural atmosphere and yet literally across the street Messina Meadows, I believe is the name of the subdivision, directly across the street from this subdivision are lots that are of a size 7,000 square feet. Much smaller. And in the testimony that was presented and the comments were made at Planning and Zoning, they made reference to the fact that the designation to go from low density to medium density was, actually, much further back within the Kingsbridge Subdivision and where they brought it to. So, we are beyond the point of transition and we are squarely within the Comprehensive Plan in the area that permits my client's designation and my client has made every effort to try to accommodate his neighbors, to try to make -- we started out with a preliminary plat that had 32 buildable units on it. We have reduced that to 29, reduced it again to 26, and the lot sizes have gone from on the edge bordering Mr. De Angeli's property from 80 feet wide now to 105 feet and what we have found is that making the accommodations, making the changes, it's a moving target and the neighbors, while they have legitimate concerns and we have tried addressing those, the target has been continuously moving. And what I would like to point out to the members of the Council is that within our own city website and on the city code we provide that they will be for approval of preliminary plat that comply with the Comprehensive Plan approval within three to four months. My client's been at this since February. We had the initial meeting with P&Z back in the early part of March. We are seven months into this process. My client has spent now in excess of 10,000 Meridian City Council August 15, 2006 Page 17 of 32 dollars beyond what he would have anticipated spending in making improvements, alterations, and reductions to this subdivision. And it is at the break even point and at the last hearing that you had you had neighbors commenting that they, themselves, were considering at some point in the future making subdivisions of their own property. I think that's inevitable. I think it's laudable of the Council for wanting to make a beautiful pristine place where lots of folks would like to live. I think that my client's subdivision is a good development for the size that it is and within the ten acres -- and this was noted at the P&Z hearing on final approval. There is so much you can do with a subdivision like Kingsbridge where you are dealing with many many acres, 60, 80 acres. You have a lot more options. You don't have a lot of options in ten acres. What we have provided is that, though. We are below the minimum required by the Comprehensive Plan. We have as Iowa density as you can be without making this, essentially, a small Two Rivers. We just don't have that ability -- that flexibility in this project. What was suggested and what I would like the Council to consider is the suggestion which was made at P&Z and that is for these neighbors, if they have these concerns, they can go forward as a group, present to you a revision of the Comprehensive Plan for this general area, agree what they would like to see have happen in development over the next five, ten years and present that to the city and to Planning and Zoning for their approval. That hasn't been done. What we have had, unfortunately, is a bit of a nitpick. We don't like this, we don't like that, and my client has done everything that he can do to legitimately bring this forward to you for consideration. It meets with the Comprehensive Plan. It's been recommended for approval by the staff at P&Z. And, in fact, their original recommendation was to have higher density than what we ultimately have settled on. So, it's gone down from 32 units to 26. We have increased the sizes of the lots running along the De Angeli property line. The smaller lots -- even the smallest lots are still larger, substantially, than what is directly across the street. So, I would submit to you that this is as good a project as it can be and that to deny approval at this point would be flying in the face of the Comprehensive Plan, be flying in the face of the city code. So, with that I would submit that our plan as finally proposed should be approved, even though it may not make the neighbors happy. It's more than adequate to comply with the code and I think that my client would find himself in the awkward position of having to decide whether or not his property is being adversely affected by the Council's denial of a preliminary plat. Thank you. And I will take any questions if you have any for me. De Weerd: Council, any questions? Bird: I have none. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Edson, can you summarize for me what -- what happened after the July 18th meeting and I think it was requested that you go back and meet with the neighbors -- Meridian City Council August 15, 2006 Page 19 of 32 De Weerd: I have a number of people that are signed up. If you would like to provide testimony, when I call your name and indicate either for or against, you can certainly provide testimony at that time. Larry Allen signed up against. If you will, please, state your name and address. Allen: Larry Allen, 4617 South Martinel, and I am one of those people that is outside of the parameters of distance that they had to notify. But there is one tract of land between us and this subdivision. I am a builder, so I think -- I have an idea of what the lots need to be. At this point I am neutral on the subdivision. It can go as platted if there is no changes in the plat. Thank you. De Weerd: Thank you. Phillip De Angeli signed up against. If you will, please, state your name and address. De Angeli: Phillip De Angeli. 3405 Zeldia Lane. De Weerd: Thank you. De Angeli: Anna, do you have the vicinity map that we could use here that shows it a little more? Thank you. This is my lot right here. It is next to the proposed subdivision. The difficulty, as I see it, is that there is a difference in conceptions of what this area of Meridian should look like. The applicant feels that R-4 is consistent with -- as they said, Tuscany on the other side of Eagle Road. But we and my neighbors feel that the housing across Eagle Road is an entirely different neighborhood and that the subdivisions which are adjacent to their proposal is what should be followed. The applicant is proposing 26 houses on 9.44 acres. Coincidentally, phase two of Kingsbridge right here is also going to provide 26 homes, but they are on 20 acres, instead of 9.4. We feel like there is -- me and the neighbors feel like there is a terrific opportunity here to develop a prestigious community with estate size lots. Commissioner Zaremba of the Planning and Zoning has advised us that besides city approval, all that is really needed is a unanimous agreement between all of the property owners and that we can -- and that we do have that agreement now. So, it's possible that a development similar to -- as the other fellow stated -- alluded to was the Eagle Two Rivers Subdivision -- all the way from the south side of Kingsbury down to Amity Road, with the -- I believe we have 91 or 92 acres combined in agreement for R-2 minimum and to create a nice place. The -- everybody -- the reason is everybody wants to stay where they are and control the growth and keep their homes where they are and live amongst kind of a more spacious thing like we have now. But with Napoli's proposal of -- if you look at some of those lots on Eagle Road especially, are really small and they are at a very strategic place, an entrance to the idea that the rest of us have. It would detract enormously from any kind of effort we would have to make a nice community back in there, so -- De Weerd: Sir, if you could, please, summarize. De Angeli: I'm done. Meridian City Council August 15, 2006 Page 20 of 32 De Weerd: Thank you. De Angeli: I just would ask you to, please, deny this annexation. De Weerd: Thank you. Judy De Angeli signed up against. Bradford -- okay. What was that? Deadman: Deadman. De Weerd: Deadman. Deadman: Bradford Deadman. I always tell people almost like the body. De Weerd: Well, I thought it was D-e-d-u-a-u and so I wasn't going to even try that one. Deadman: You're being very polite. My name is Bradford Deadman and I reside at 3644 East Zeldia, which is right there. Trying to be steady. I, too, am -- I signed up against the Napoli Subdivision as proposed, just because of the density. I do feel, however, converse to Mr. Edson's remark earlier that -- I don't really believe that we are at a break even point or that we are providing a moving target, I guess, with what we are hoping to see, because we feel that we have been fairly consistent, the neighbors and I, feel like we have been fairly consistent all along with our hopes that what happens in Napoli at least mirrors what has happened in Kingsbridge -- and what is happening, I should say, in Kingsbridge. Vision First did an admirable job of involving the neighbors and the Council and numerous meetings in helping to create something very nice in their R-2 zone and what we just want to see is it continue. It's a wonderful thing and as we start to drive down this private lane of Zeldia I think at the very least what would be a very attractive part of the neighborhood is to have neighborhoods that compliment each other on both sides of Zeldia, which would be a target range -- we chose a target range of square footage of being right around 12,000 square feet per lot, looking mostly at the density of what is going on already at Kingsbridge and I personally feel that it's also a little bit in honor of the process that we have all gone through working together as a neighborhood to seek that type of development. I also want to pay a compliment to Mrs. Whitehead. I think she has done a good job of trying to get the neighbors together. She invited me and I'm well passed 300 feet, because as anybody who sees these five acre lots, they are all approximately 300 feet wide. So, she invited everybody on Zeldia Lane to attend this meeting the second -- or, excuse me, the first and the second neighborhood meetings, that's on August 1 st and August 9th. Hopefully, you have received my e-mail summary of my interpretation of those meetings and I think it is -- a compliment is duly paid. However, a moving target we do feel has been very steady. We have shot for a particular square footage to mirror that property in the hopes of retaining a good looking neighborhood and I think it's a fine opportunity for the developers of Napoli to create that. That is my main comment. Thank you very much. I'd love a question. Meridian City Council August 15, 2006 Page 21 of 32 De Weerd: Thank you. Don and Marie Morgan signed up against. Morgan: Hi. I'm Don Morgan. 4620 South Martinel -- De Weerd: Thank you. Morgan: -- in Meridian. As I commented last time, my -- my goal would be to get us to revisit the Comprehensive Plan a little bit. We weren't part of the city -- we are still not part of the city right now and so when the Comprehensive Plan was made we weren't really part of that process and so when we first heard of this subdivision, the first community meeting they showed us the 32 lots that they had on their preliminary plan and everybody in that meeting said, no, we need them bigger than that and they assured us, okay, yeah, we will make them bigger. And, then, when they went to Planning and Zoning they were told that they shouldn't make them any bigger because of the Comprehensive Plan and, then, when we attended a Planning and Zoning meeting they told us that it was really passed their jurisdiction to do anything outside of the Comprehensive Plan and we should talk to the City Council and that's kind of what we did last time. We were hoping that we could move it up more towards the R-2, which would be something like two lots per acre and that would give us something around 18 lots and we keep hearing a lot of lot -- a lot of verbiage about how they are working with us, coming down from 32 to 26, but another way to look at it is that they are still far from our goal of 18. So, you know, you can move halfway to there. As far as the seven months that he's been in this process, I'm not sure if it's a legitimate place to mark as the first public meeting when we told them we wanted bigger lots when the lots didn't really get bigger from that point. Anyway, I'm still where I was in the first place. I'd like to see the lots bigger and I'd like to see the Comprehensive Plan be spread throughout all of these acreages nearby. I would be willing to see, you know, my area be -- my particular lot be zoned R-2 and have the same restrictions on it if this one gets that restriction. Of course, if they don't, then, I don't want any restriction on mine either. I believe that's it. Thank you. Any questions? De Weerd: Thank you. Okay. Roger and Theresa Taylor signed up against. Taylor: Roger Taylor. I live at 4606 South Eagle Road. I'm just south of the development that's going in there. And what we are talking about is we are all on ten acre lots. We have all agreed to the R-2. But only if this is going to stay as an R-2, which would keep what Kingsbridge is already set at. And that would bring development on through for everybody, instead of -- and have a nice development all the way through and from what you can see and we haven't really agreed upon anything so far, so we have come down to where you have the control over this. You have the decision to say whether we have a nice subdivision all the way through or we are going to be broke up in different type subdivisions all the way through, because when everybody else develops, if and when it develops, there are going to want to go with the R-4 if this one stays the R-4. So, basically, it's -- I'm against it, but if you have the control, you should be able to decide, even if it is -- even with the threat of a lawsuit, it Meridian City Council August 15, 2006 Page 22 of 32 sounds to me like, even if, you know, it doesn't meet the Comprehensive Plan right now, because you have the control to change that. So that's alii have to say. Thanks. De Weerd: Thank you. Okay. Sherry Lewis signed up as neutral. Lewis: Mayor and Council Members, I am Sherry Lewis, I'm a resident at 4200 South Eagle Road. I don't see that up there on the -- the map right at the moment. But we have a 20 acre parcel at the end of Zeldia Road and Mr. Edson -- first may I say that my husband and I own Sight and Sound By Design, a brand new member of the Meridian Chamber of Commerce and we are glad to be a part of that. We have 20 acres at the end of Zeldia Lane and unlike -- thank you. Yes. Unlike what Mr. Edson said, we were pleased to be invited to the meeting, because even though we are not within 300 feet, what is happening anywhere on Zeldia Lane directly affects us and the entrance to our property. So, we were pleased and we were glad to be invited to that and participate in it and I was really pleased at how professional everybody was in the whole process, both the neighbors and the engineering team and the developer, and I was really pleased to be a part of that process. We have mentioned before in the meeting last time that our goal would be to, in the future when my father-in-law who lives in the guest house on our property, is too elderly to care of the property, that we would have plans developing some day and we would prefer to -- because we would like to remain on the property, we would prefer for our property to have an R-2 zoning, because we would like to maintain -- we have a nice big three acre lake and we have some nice -- some nice things there that the neighbors behind us, the four or five acre lots behind us get to enjoy that have some scenery there as well. I think that Justin and his team have done -- have done a lot to try and work with the neighbors and I congratulate him on that. We do -- you know, as a neighborhood, would collectively like to ask the Council to kind of review the Comprehensive Plan, because there is an opportunity to make this end of Eagle Road, you know, comparable to what happened in Eagle. There is opportunity out there, because there is plenty of ground that's going to be developed in the next 20 years and it would be a good thing to do. Thank you. Is there any questions? De Weerd: Any questions? Lewis: Thank you. De Weerd: Thank you. David Seigmiller signed up against. Seigmiller: Madam Mayor, Members of the Council, my name is David Seigmiller. I live at 4080 East Bott Lane, which I access through Zeldia Lane going passed the subdivision. I'm one of the people that represent, even though we are few, we represent approximately 80 to 90 acres in the surrounding area and I believe we have a vision of how we would like to see this part of Meridian be developed. Mr. Deadman has explained how we believe that the target has not moved, we feel it's stationary, but we would agree that it has yet to be hit by the developer. I feel that if we can mirror the development of Kingsbridge across Zeldia Lane, rather than the Messina development across Eagle Road, that it would be more in compliance with our vision of how we would Meridian City Council August 15, 2006 Page 23 of 32 like to see the development. Echo the sentiments which have been expressed along that direction and I believe the developer has the potential for a lucrative development, even though he claims that by dropping any additional lots it doesn't pencil out. De Weerd: Okay. Seigmiller: Thank you. De Weerd: Thank you. Frank Shoemaker signed up against. Shoemaker: Good evening, Madam Mayor, Members of the City Council. My name is Frank Shoemaker and I live at 3497 Zeldia Lane, which is approximately 350 feet east of the proposed development. It's been stated many times tonight about the Comprehensive Plan and I think we need to recall the Kingsbridge arguments in favor of their high density development, that they also argued that the Comprehensive Plan was in place and, therefore, it should be allowed that they develop as prescribed. The objection was very extensive from Dartmoor Subdivision all the way around within a half mile radius of the project. If the developer would have been to those meetings, they would have known that there was so much opposition to the high density projects within this side of Eagle Road, standing room only in this hearing room, that they would have pursued something different. The problem is the Comprehensive Plan, complicated further by P&Z staff stating to the developer that the Comprehensive Plan states you can do this, so this is what we would anticipate you to provide. Not identifying to him of the objections that he's likely going to pursue here at this hearing process and that's where we are today. Commissioner Zaremba in the P&Z staff meetings -- or P&Z hearings concurred with our concern. He said because of the Comprehensive Plan and the subdivision complied with that, he had to vote in favor of it, not necessarily that he was in favor of it, it's just that his hands were tied. This development -- this area is a unique area, can be developed to the estate size lots. The City Council stated that many times in the Kingsbridge project. I think that continuation should be continued south into our area. The developer has stated that they are making a good transition. Well, their transition is from Tuscany and Messina Hills, small lots on Eagle Road, to the larger lots surrounding the neighborhood properties on the perimeter. That's not the transition that was suggested being trying to reach. That transition is from north to south, from the Kingsbridge Subdivision to our project. I fear to say if Napoli is approved as projected, that these estate size lots that the City Council has desired in this unique area will not materialize. I think the neighbors will sell their houses and they will move on, because they are not going to be enclosed in an environment that's not -- not suitable. I think if it was an R-2 zoning, two lots per acre, we could kind of seclude ourselves and stay where we are. As it is, I think we are being forced to move, because -- because of development pressures. Thank you very much. De Weerd: Thank you, sir. Okay. That is -- those are the names that signed up to testify. Is there anyone who would like to provide testimony that did not sign up? Canning: Madam Mayor, can I make a couple comments? Meridian City Council August 15, 2006 Page 24 of 32 De Weerd: Yes, Anna. Canning: The first one would be there is an opportunity here, as we discussed at your hearing last week, you can up the zoning designation without having to go out and renotice. So, there would be an opportunity to make this Block 3 R-2 zoning. They are 200 square feet short here, but they could make that up somewhere around this corner for that one lot. So, there is the opportunity to provide that transitional zone. This -- you know, I have only been at this for three years and there has been a couple projects that went through that I thought, wow, that's just -- this guy's got it wrong. This is never going to fly, but I didn't say anything, I figured, hey, it's his business let him go through. Well, you know, on the tenth meeting with this developer trying to get a different -- this is a different project -- but trying to get it to work and pencil out -- you know, it wasn't buildable the first time and I should have said something, I should have let you all know, because it's proved to be a problem for the developer and for the city. So, this project I knew that there was great forces in place to try and get 12,000 square foot lots or to even get this plan here. And I was concerned that this just wasn't buildable. There is a lot of road on this project. There is a lot of road being built and you have got Eagle Road on the one side and the landscape buffers and everything and I have been very concerned that this was not a buildable project. I have kind of run it by a few people, they say, well, it might pencil out, but it's pretty close. And so I talked to the applicant a number of times saying have you talked to realtors, are you sure this will pencil out, is this going to work. And they have gotten that assurance, but it's close and I believe them. This isn't -- this isn't somebody who does development for a business, this is the current property owners developing the property and I wanted to make sure that this wasn't something that we were all wasting our time on, because it wasn't doable. So, I do believe that this is a pretty constrained site. You have got Eagle Road. Locating half acre homes along Eagle Road is going to be a hard sell. Those are going to be tough lots to sell in this current market for lots. And I just -- I guess I would support the design that's before you tonight as being a good compromise between what the neighbors want and what the Comprehensive Plan calls for in this area. It does call for medium density residential in the entire southern area. This is the project. It has all of this medium density residential. When those individual five acres want to come in, they may say now that they want to do 12,000 square foot lots, but once they realize the cost of providing that kind of road frontage and the cost of asphalt and the cost of pipes, they may think differently. So, I do believe this is a reasonable compromise given the current Comprehensive Plan. If the Council wants to see a change in the Comprehensive Plan, then, we could work toward that, but this seems to be a good compromise. And with that I will be quiet now. De Weerd: Thank you, Anna. Thank you. Okay. Would the applicant like their opportunity to wrap this up? Whitehead: For the record, again, Sabrina Whitehead, 1800 West Overland Road, Boise, Idaho. 83705. And as Anna mentioned and as I kind of mentioned in my first presentation, finding common ground and compromise is -- can be very difficult to do. It Meridian City Council August 15, 2006 Page 25 of 32 can be not only difficult, it can nearly be impossible to meet the needs of both the neighbors and the developers. And as Anna has pointed out, I feel that this layout is a great compromise. You know, on July 18th I just kind of went over the minutes today, kind of overhearing July 18ths hearing, some of the comments were better transition, housing opportunities, diversity, housing choices, executive housing, and necessary transition, just to name a few. And as I have stated, we strongly feel that this layout is meeting a majority of those comments, as well as making the compromise to what the neighbors are wanting, as well as the city and the developer. As far as transition in this area, what we have revised -- the Comprehensive Plan as has been well noted this evening, is medium density to low density and we are giving opportunity from the transition from the medium density to low density and if I can just illustrate, I will -- maybe you can go to the zoning, Anna, please. Thank you. Canning: Zoning or the Comp Plan, Sabrina? Whitehead: Let's do the Comp Plan. With Messina Meadows over here that was just approved -- and I know it is across the street, but we are still adjacent to Messina Meadows. This is five dwelling units per acre. Kingsbridge has lower density. With our layout I think that it is a good -- it is a good compromise between Messina Meadows and Kingsbridge. It is a great compromise. I feel that from the transition from these lots to lots that were proposed in the 8,500 to the 10,000 to the R-2 12,000. If, in fact, you guys do want to transition this from the Comprehensive Plan to low density with our 12,000 on the perimeter will allow for a transition for 12,000 square foot lots or greater for this area. As far as housing opportunities and diversity, we were providing a wide range of options. Not everyone can afford an 18,000 square foot lot and so our plat is offering a diversity of options. 8,500 I think from my personal opinion is a good size lot and so 85 to 18 thousand, that's -- that's giving a diversification, as well as kind of a segway into having larger estate lots for this area. So, what I'm just trying to illustrate is that the developer has listened to the comments, he's trying to be a good neighbor and be a good developer and trying to meet everyone's needs and we just feel that with this layout it's helping kind of meet that elusive common ground compromise that we are all desperately trying to reach and find. And just on that note I just want to thank everyone for their time and consideration. It's been quite the -- I wouldn't say battle, but it's taken a long time and I just thankfully and respectfully request that you approve our annexation, zoning, and preliminary plat. And I will stand for any questions that you may have. De Weerd: Council, questions? Bird: I have none. De Weerd: Sabrina, what are your comments in response to Anna's observation that you could look at separating this project, so that the east end of it would be an R-2 designation? Meridian City Council August 15, 2006 Page 26 of 32 Whitehead: I think that, personally, in my opinion, I think that would be a great idea. That would -- I don't know if that would have to proceed with another hearing -- we are meeting -- we would just have to change this one lot, which would be very easy. We have plenty of frontage to meet those needs. So, it would just be a small modification. I would have to give the developer the final say, since it's his parcel of property, so -- I would agree with Anna on her -- that recommendation, though. De Weerd: Okay. Any questions, Council? Okay. Thank you. Council, any additional information needed before we close the Public Hearing? Okay. Hearing none -- Rountree: Madam Mayor, I move that we close the Public Hearing on Items 13 and 14. Bird: Second. De Weerd: Okay. I have a motion to close the public hearings on Items 13 and 14. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Discussion? If there is no discussion or further information needed, is Council ready to make a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just for discussion, to throw my thoughts out, I wasn't present at the July 18th hearing, but I have reviewed all the materials and appreciate the comment of the public here today. In particular, I'd like to thank the applicant Mr. Edson. When I hear about providing notice to individuals that are outside the statutory minimum requirement, I appreciate that. I think, if anything, it provides for a better decision-making process, although if you get someone outside who opposes the project, you might be kicking yourself, maybe, that you did that, but I appreciate it, regardless of what they say. I think it's helpful and I think it's been helpful in this process. I think, at least for me, some of the remarks, which were relatively consistent from many of the residents that have testified today and the prior hearing about the density and transitions makes sense to me and the discussion which Mr. Edson brought and some of the residents about perhaps this is an area where the Comprehensive Plan -- we need to take a second look at. It's kind of a double-edge sword as I see it, where we set forth the Comprehensive Plan and we try and give guidance to developers and landowners as to, really, what we want to have happen in a particular area and they go that route and we tell them no and it might be unfair or inconsistent to them. But on the other side it seems that there is a portion of our Comprehensive Plan which might not be consistent with other area land uses and densities and it makes sense, maybe, for this Council member that it is something that we need to take a second look at and perhaps amend or at least assess a possible amendment of the Comprehensive Plan. That makes Meridian City Council August 15, 2006 Page 27 of 32 some sense as well. I don't think that our hands are strictly tied. If we think there is something with that plan which isn't in the best interest of the City of Meridian. So, that's a very long way of saying my inclination on this particular project is not in favor of it, but, instead, to take our time, step back, and review the valid concerns on both sides about whether the Comp Plan in this area needs to be looked at to provide more reliable guidance for future development as to what type of densities make sense in this area. De Weerd: Thank you, Mr. Borton. Any other comments? Rountree: Madam Mayor, I'd just like to make a comment that I appreciate the applicant and the citizens for at least taking the time to get together. Certainly there wasn't a compromise and neither side appears to be happy, both the -- at least you heard us say that that was something that we desire folks to do when there is disagreement before the Council and usually there is some sort of compromise that makes everybody somewhat happy and away we go. But we are going to have to make a decision on this application. I have to view this in light of what we have done as a Council in the past and in the recent past as it relates to some of these transition activities and where we do have what appears to be somewhat of a conflict in the philosophy of the Comprehensive Plan. We have asked applicants that have come with R-8s and R-4s that are adjacent to rural communities and are continuing to be rural communities, to look at their zoning and to look at their lot sizes. And, in fact, in some instances we have given them numbers. Typically they are numbers smaller than what have resulted in some of the numbers I see before me tonight. And, in fact, what I see tonight is along the lines of what's been approved in the recent past in terms of providing transition between R-8s, transportation corridors, and rural communities. And the concept that Anna proposed -- and I believe it has some merit -- is a split zoning, if you will, on the final decision of an R-4 to R-2 on the eastern and south eastern side of this particular application is consistent with what we have done in the past. So, I guess my position, as opposed to Councilman Borton's position, is that I'm inclined to be favorable to the application, given the numbers I see this evening. De Weerd: Council, any other comments? Bird: Just waiting for Charlie to make a motion. De Weerd: I guess I would -- I only get to vote if they tie, so -- you never know if I get to vote. Rountree: We can make that happen. De Weerd: Okay. Well, then, I will have my say. I do understand the concerns of the property owners that live on this lane. This sets the -- it sets the expectation, I guess, for development as it occurs going down the lane and it is the first thing that people will see as they would enter into whether it's the lots as they are or if they redevelop. It does set the tone. And so a standard that is similar to Kingsbridge and a lot of the opportunities that this area offers for a different choice of housing in our community. Meridian City Council August 15, 2006 Page 28 of 32 We do try and look at what choices we provide those people who would like to live in Meridian. I certainly -- I know you have already heard my soap box, but, you know, when I wanted a larger lot I couldn't find one in Meridian. So, it's -- people don't want to have to move out of Meridian per se to find a different type of housing choice. This is -- this is an interesting compromise. It all depends on what kind of quality. At our first Public Hearing the applicant stated it would be an upper end quality. It would serve some of the quality jobs that we are trying to attract in this area. So, I guess, if I could break a tie, I'm not really sure which direction I would go, but it does set the tone for the development of this lane and the areas around it. So, it is -- it is a critical piece and I do believe that there is a market that this piece can serve that I would even state in some of the higher end developments that offer estate lots within, they do start with transitional lots from a busy roadway to something that would be more of an estate lot that people are going to build larger and look for lots that provide a little bit more privacy and open space around it. So, it is an interesting compromise and I think it will have a market to serve in the types of jobs that we bring to the area. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I just got a little statement. I agree with Councilman Rountree. We have done this a lot. If everybody that owned the five acre lots around there would be willing to sign a death notice that they would only come in with R-8 -- or R-2s when they sell their property, I could be more in favor in denial. But I will guarantee you once the developer gets it, he's going to bring whatever the Comprehensive Plan says. Do we need to look at the Comprehensive Plan, probably right. But I will tell you, if the applicant is agreeable to going in Block 3 to R-2 and the rest of it R-4, I'm behind it. They have done a -- I think they have done a real good job myself. De Weerd: Mr. Wardle. No comment? Wardle: No comment yet. De Weerd: I thought you were going to give the story about the Comprehensive Plan is a living document and -- okay. Wardle: I'll wait for a motion. De Weerd: Okay. Okay. Well, Council -- Rountree: You can make the motion. You didn't have a comment. Bird: Yep. De Weerd: They are going to get a word from you yet. Meridian City Council August 15, 2006 Page 29 of 32 Wardle: They will try. Madam Mayor. Mr. Nary, question for -- we have heard some talk of compromise and our ability to -- in our annexation zone, I believe, Block 3 consistent with an R-2 zoning. Is that simply a function of the motion? Nary: Madam Mayor, Members of the Council, Councilmember Wardle, that is correct, the application in front of you is for annexation with a requested zoning. It is within your purview to make that final determination of what is the appropriate zone based on the information you have received tonight. There is certainly enough information if you believe it enough to support what zoning you think is appropriate in relation to the other properties, transition, and the like. I think Mrs. Canning has brought that suggestion to you that you can do that if you wish. Wardle: Thank you, Mr. Nary. Canning: Mr. Wardle, we would need a new legal description for Block 3. A metes and bounds legal description, so that we could submit that with the ordinances. Wardle: Thank you. Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would move that we approve Item 13, AZ 06-024 for annexation and zoning and to include all comments by the applicant and public and specifically to amend the zoning change to allow the zoning for Block 3, with an amended legal description, to be zoned R-2, consistent with Meridian's Comprehensive Plan. Bird: Before I second that, can I get a clarification? Lots 1 and 2 would be R-4; right? Wardle: Yes. Bird: Okay. Second. De Weerd: Block. Wardle: Block. Bird: Block. I'm sorry. Yeah. Block. Second. De Weerd: Okay. I have a motion and a second. Any discussion? Okay. Does anyone need to hear the motion restated? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Wardle: Madam Mayor? Meridian City Council August 15, 2006 Page 30 of 32 De Weerd: Yes, Mr. Wardle. Wardle: Anna, on the preliminary plat which is before us, I believe you stated that we need a little revision to meet that R-2 zoning. Is that something that you feel that we can continue for two weeks and meet those requirements? Canning: Sir, it's only 200 square feet. I think you could just make it a condition of approval that Block 3 meet the R-2 minimum standards. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 14, PP 06-023, consistent with the comments by the planning director that Block 3 meet the minimum requirements for the R-2 zone as approved in the annexation. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 14. Is there any discussion? Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: Does the maker of the motion intend to include the modification to the site specific condition 1.15 regarding the fencing -- perimeter fencing? Bird: Yes. Wardle: Yes. Canning: Thank you. Bird: Second agrees. De Weerd: Okay. Thank you for that clarification. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Meridian City Council August 15, 2006 Page 31 of 32 Item 15: Ordinance No. 06-1251 : AZ 05-061 Request for Annexation and Zoning of 9.55 acres from RUT to C-G zone for Una Mas by Una Mas, LLC - 3475 East Ustick Road: De Weerd: Okay. Thank you. Thank you for coming tonight. Item 15 is Ordinance No. 06-1251. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 06-1251, an ordinance for annexation of property located in the east quarter of government Lot 4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to 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. De Weerd: Okay. Thank you, Mr. Berg. You have heard this ordinance ready by title only. Is there anyone who would like to hear it read in it entirety? Okay. Before anyone changes their mind -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinance 06-1251 with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 15. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. Is there any further business for Council tonight? Hearing none I would entertain a motion. Wardle: Madam Mayor? De Weerd: Yes. Wardle: Move we adjourn. Meridian City Council August 15,2006 Page 32 of 32 Rountree: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~~""'" DE WEERD ,,\\\\\\~ ~IIIII.'III " :<.,-{ II, ,-", --\.. ~. 'J. "':;:' ,-'- vr ,," ~ ~ '~ )i f 8JW}~E : % ~P-(j:#;, I 9-- \..,~ "R W~L1AM G. BERG JR., CITY CLERK ~ "'6 ,"'CIer 181 ,,../ P $ //" ~~ .L)'tt ...~ "/11 '" "" 1IIIf · 1\\'" 11/1111111\\\\\\ If / S- / (96 DATE APPROVED MAYOR TA