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HomeMy WebLinkAbout2003 09-02 Meridian City Council Meeting September 2, 2003 The Regular Meeting of the Meridian City Council was called to order at 7:15 P.M., on Tuesday, September 2, 2003, by Mayor Robert Corrie. Members Present: Mayor, Robert Corrie, William Nary, Keith Bird, Tammy de Weerd, and Cherie McCandless. Others Present: Bill Nichols, Will Berg, Anna Powell, Gary Smith, Brad Watson, and Dean Willis. Item 1. Roll Call Attendance: __X Tammy de Weerd _ X__ Bill Nary __X Cherie McCandless __X Keith Bird __X__ Robert Corrie Corrie: We will open the City of Meridian City Council Regular Meeting on Tuesday, September 2, 2003, at 7:15 P.M. in the City Council Chambers and I invite the roll call from the City Clerk. Item 2. Adoption of the Agenda: Corrie: Okay. Council, you have -- the second item is adoption of the agenda. We have some corrections that have been asked by us. Item Number 15, Public Hearing on the Conditional Use Permit for Martial Arts Karate for Kids we find was not advertised correctly, notice not posted, so we will probably have to have that -- after it's posted and give the Clerk time to get that in the paper and noticed. Okay, and, then, I -- Anna has requested that we continue the Public Hearing on Bear Creek No. 8, it's th Number 16 on the agenda, until the 9 of this month. Is that all the corrections that you had, Anna? Okay. Any other corrections from the Council? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the agenda as presented, with the following changes, of noting that Item Number 15 will need to be rescheduled and 16, when we get to it, will th be continued to September 9. With that, I move that we approve the adoption of the agenda. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the adoption of agenda as corrected, any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. Meridian City Council Meeting September 2, 2003 Page 2 of 51 MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. August 19, 2003 Approve minutes of Pre-Council Meeting: B.August 26, 2003 Approve minutes of Pre-Council Meeting: C. Findings of Fact and Conclusions of Law to Amend Conditions of Approval: FP 03-038 Request to amend conditions of Packard Acres No. 2 approval on the Final Plat for by the City of Meridian – east of North Wingate Lane and south of East Ustick Road: D. Development Agreement: AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8 (PD) zones for Trailway Park Subdivision proposed by Hillview Development Corporation – east of North Meridian Road and south of East Blue Heron Lane: E. Sewer and Water Main Easements for Meridian School District Bus Facility: F. Sewer and Water Main Easements for Cobre Basin Subdivision No. 1: G. Change Order No. 1 for 2003 Sewer Cleaning – C-More Pipe: H. Agreement for Professional Services for Sewer Master Plan Update – JUB Engineers: I. Approve Bills: Corrie: Next we have the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk attest on all proper papers. McCandless: Second. Meridian City Council Meeting September 2, 2003 Page 3 of 51 Corrie: Motion has been made and seconded to approve the Consent Agenda, A through I. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 4. Department Reports: Corrie: The next is Department Reports. Is Kenny here tonight? I just wanted to make sure that everybody is aware that the auditorium at the middle school. They want to have a signed consent for two hours for October 9, 2003, for the Fire Department academy graduation and everything was in order here, I believe, Mr. Nichols, that we just need to have me sign it to allow them to have the academy graduation there. I don't -- unless you have any objections to the signing. Bird: No. Corrie: All right. Thank you. Nichols: Mr. Mayor? Corrie: Yes. Nichols: Mr. Mayor, Members of the Council, this is a standard form agreement the school district requires of every entity that uses their facility. It covers insurance, janitorial, and those sorts of things and as often as we might use those facilities, it might be, you know, a continuing type approval to do that, as long as it's nothing out of the ordinary. I guess we might ask them -- of course, they no longer use this facility and I don't think we have asked them to do it before when they have used this facility for their meetings, so -- but they required it. Corrie: Anything further on that, then? Okay. I don't know about Kenny, but thank you. Item 5. (Items Moved from Consent Agenda) Corrie: Number 5 is items moved from the Consent Agenda. We haven't any. Item 6. Ordinance No. : AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8 (PD) zones for Trailway Park Subdivision proposed by Hillview Development Corporation – east of North Meridian Road and south of East Blue Heron Lane: Meridian City Council Meeting September 2, 2003 Page 4 of 51 Corrie: So, Number 6 is an ordinance and I believe we have an Ordinance Number, Mr. Clerk, 03-1040. Okay. I would like to have the Clerk -- oh. Thank you -- Clerk read the ordinance by title only at this point. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1040, an ordinance finding that Riley and Dee Haw and Hillview Development Corporation, the owners of certain real property generally located on East Blue Herring Road, North of Fairview Road and east of North Meridian Road, Meridian, Idaho, to be known as Trailway Park Subdivision, and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada county recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. Members of the audience, you have had Ordinance Number 03-1040 read by title only. Is there anyone in the audience that would like to have it read in its entirety? Okay. Hearing none, I will entertain a motion from the Council on Ordinance Number 03-1040. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve Ordinance 03-1040, a request for annexation and zoning of 39.15 acres from RUT to R-8 PD zones for proposed Trailway Park Subdivision by Hillview Development Corporation, with suspension of rules. De Weerd: Second. Corrie: Motion has been made and seconded to approve Ordinance Number 03-1040, with suspension of rules. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Thank you. MOTION CARRIED: ALL AYES Meridian City Council Meeting September 2, 2003 Page 5 of 51 Item 7. FP 03-045 Request for Final Plat approval of 37 building lots and 1 other Quenzer Commons lot on 10.66 acres in a R-8 (PD) zone for Subdivision No. 4 by Brighton Development Company, LLC – west of North Locust Grove and north of East Ustick Road: Corrie: Item Number 7, Final Plat 03-045, request for Final Plat approval of 37 building lots and one other lot on 10.66 acres in R-8 PD zone for Quenzer Commons Subdivision No. 4 by Brighton Development Company, LLC., west of North Locust Grove and north of East Ustick Road. At this time I would like to have Anna first. Powell: Mr. Mayor, Members of the Council, this is for Quenzer Commons, also known as Heritage Commons. This is the fourth Final Plat to come through. The area for the plat is down -- actually, I believe it's up here, as we go down. I think that that arrow is misspoken. You can -- or misplaced. You can see the common lot in this area there and that lines up with the common lot behind here. Maybe the applicant -- I got a little confused looking at this, so maybe the applicant can straighten that out. I believe it connects to this open space right there, so it's up in this corner, approximately in that area. The proposed Final Plat is -- does conform to the Preliminary Plat. The open space that I just pointed out a moment ago is a little bit larger and that's the only item that we noticed. They have not requested to extend their ornamental street light agreement. We would -- it would seem that since that was approved with phase one it would be appropriate to have consistent streetlights throughout the development, so the applicant might want to comment on that for us. I don't know if they haven't wanted to extend that Streetlight Agreement or if it's just been kind of a clerical thing that's happened from phase to phase, so with those two comments that's all we have. Corrie: Okay. Thank you, Anna. Questions of Council? Okay. Is the applicant here this evening? Dave name and address, Dave. Turnbull: David Turnbull, 12601 West Explorer Drive in Boise. Corrie: Thank you. Turnbull: I guess I could comment on the streetlights. When we did phase one we did ask for an agreement on some decorative streetlights, but those were primarily to highlight this entry corridor here and the area around this commons park here. Then, the balance of phase one back we went with the standard street lighting system and that's the way we are continuing throughout the balance of this back section. It was more of a decorative entrance statement that we used that for, so that would be my only response. Corrie: Okay. Thank you, Dave. Any questions? Okay. Thank you, Dave. Okay. Any further discussion? De Weerd: Mr. Mayor? Meridian City Council Meeting September 2, 2003 Page 6 of 51 Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of 37 building lots and one other lot on 10.66 acres in an R-8 PD zone for Quenzer Commons Subdivision No. 4, to include all staff comments and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Motion has been made and seconded for approval of Final Plat 03-045, any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All Right. Thank you. Thank you, David. MOTION CARRIED: ALL AYES Item 8. FP 03-046 Request for Final Plat approval of 31 building lots and 2 other Bear Creek No. 6 lots on 10.49 acres in an R-8 zone for by Bear Creek, LLC – west of South Meridian Road and south of West Overland Road: Corrie: Item Number 8 is a Final Plat 03-046, a request for Final Plat approval of 31 building lots and two other lots on 10.49 acres in an R-8 zone for Bear Creek No. 6 by Bear Creek, LLC, west of South Meridian Road and south of West Overland Road. At this time I will invite staff's comments first. Powell: Mr. Mayor, Members of the Council, this is -- staff is recommending approval of this Final Plat. This is the portion of Bear Creek that folded in the former Kodiak property. As you can see, it's right along there and this is the Final Plat that -- to reflect the changes made to the original Bear Creek submittal when folded that property in. There are no outstanding issues with Planning and Zoning and it does comply with the approved Preliminary Plat. Corrie: Okay. Thank you. Any questions of staff? Bird: I have none. Corrie: Is the representative here this evening? Name and address, please. Arnold: My name is Steve Arnold with Briggs Engineering, 1800 West Overland Road, Boise, Idaho. Corrie: Do you have any comments? Bird: Just that I'm sorry about Item 16. That's about it. Meridian City Council Meeting September 2, 2003 Page 7 of 51 Corrie: Okay. Okay. Any questions of the representative? Bird: I have none. Corrie: Okay. Thank you, Steve. Okay. I'll entertain a motion, then, on the request for Final Plat 03-049. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve request for Final Plat approval of 31 building lots and two other lots on 10.49 acres in the R-8 zone for Bear Creek No. 6 by Bear Creek, LLC. West of South Meridian Road and south of West Overland Road and to incorporate staff comments and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Nary: Second. Corrie: Okay. Motion has been made and seconded for the approval of Final Plat 03- 046, Bear Creek No. 6. Any further discussion? Hearing none, roll call vote, please, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Thank you. MOTION CARRIED: ALL AYES Item 9. Continued Public Hearing from August 5, 2003: VAC 03-003 VacationPack It Request for a of a sewer easement on Lot 2 Block 1 of Up Subdivision by Pinnacle Engineers – north of East Overland Road approximately one-half mile west of South Eagle Road: Corrie: Item Number 9 is a Continued Public Hearing from August 5, 2003, a request for a vacation of sewer easement on Lot 2, Block 1, of Pack It Up Subdivision by Pinnacle Engineers, north of East Overland Road, approximately one mile west of South Eagle Road and this is VAC 03-003. I will continue the Public Hearing and invite staff's comments first. Powell: Mr. Mayor, Members of the Council -- I don't have a slide for this one. I'm sorry. This item was continued at the applicant's request. You did not open it or have any discussion on it, so this is really the first time you're hearing about it. They are requesting to vacate an existing sewer easement within the lot. The original proposal was to have mini storage on the lot and they were going to be able to accommodate the Meridian City Council Meeting September 2, 2003 Page 8 of 51 sewer easement within the drive aisle lanes or the parking moving lanes in the mini storage. They are requesting now to vacate that easement and they will accommodate it elsewhere on the site. I think I'm going to leave it open to Public Works, since it's their easement, to describe this further if you have any questions. Staff is recommending approval of the vacation. We can accommodate it elsewhere. Corrie: Any discussion of staff? Okay. Is the applicant or representative here tonight? David. Is the testimony you're about to give the Council the truth, so help you God? McKinnon: It is. Corrie: Name and address, please, David. McKinnon: Dave McKinnon, 12552 West Executive Drive, Boise, Idaho. If you have any questions, I really don't have any other additional comments. It's -- as Anna put it, it's just a really simple vacation of a utility easement in a subdivision that's not being developed at it was anticipated. If you have any questions, I would be happy to answer those at this time. Corrie: It's too easy, David. De Weerd: I wish we could give you a hard time. Nary: Let's just deny it. Corrie: Any questions of David? Thank you. McKinnon: Thank you. Corrie: This is a continuation of a Public Hearing. Is there anyone from the audience that would like to have testimony at this time? You lucked out, Dave. Okay. Council, any other questions, or anything on the Public Hearing you want to discuss? Okay. I'll entertain a motion to close the Public Hearing. Bird: So moved. Nary: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on VAC 03-003. All in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion? Okay. Hearing none, I will entertain a motion on the request for vacation. Meridian City Council Meeting September 2, 2003 Page 9 of 51 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of VAC 03-003, the request for vacation of sewer easement on Lot 2, Block 1, of Pack It Up Subdivision by Pinnacle Engineers, north of East Overland Road, approximately one half mile west of South Eagle Road, pursuant to all staff comments, and for Council to prepared Findings of Facts and Conclusions of Law of Decision and Order. Bird: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Thank you very much. MOTION CARRIED: ALL AYES Item 10. Continued Public Hearing from August 12, 2003: AZ 03-009 Request for annexation and zoning of 11 acres from RUT to R-15 (PD) and C-N The Courtyards at Ten Mile zones for proposed by Doug Campbell / Tom Bevan / DTE Developers – southeast corner of North Ten Mile Road and West Pine Avenue: Item 11. Continued Public Hearing from August 12, 2003: PP 03-010 Request for Preliminary Plat approval of 31 building lots and 5 other lots on 11 The acres in proposed R-15 (PD) and C-N zones for proposed Courtyards at Ten Mile by Doug Campbell / Tom Bevan / DTE Developers – southeast corner of North Ten Mile Road and West Pine Avenue: Item 12. Continued Public Hearing from August 12, 2003: CUP 03-020 Request for a Conditional Use Permit for attached single-family residential The with commercial in proposed R-15 (PD) and C-N zones for proposed Courtyards at Ten Mile by Doug Campbell / Tom Bevan / DTE Developers – southeast corner of North Ten Mile Road and West Pine Avenue: Corrie: Item Numbers 10, 11, and 12 has to do with the Courtyards at Ten Mile. Item 10 is a request for annexation and zoning of 11 acres from RUT to R-15 PD and C-N zone for the proposed Courtyards at Ten Mile by Doug Campbell and Tom Bevan, DTE Developers, southeast corner of North Ten Mile Road and west of Pine Avenue. Also, Number 11 is a request for Preliminary Plat approval of 31 building lots and five other Meridian City Council Meeting September 2, 2003 Page 10 of 51 lots on 11 acres in proposed R-15 PD and C-N zones for the proposed Courtyards at th Ten Mile. Item Number 12 is a Continued Public Hearing from August the 12 for a CUP, requesting for a Conditional Use Permit for attached single-family residential with commercial in a proposed R-15 PD and C-C zones for the proposed Courtyards at Ten Mile by the same developers. At this time, if I have no objections of the Council, I will open the Continued Public Hearings on all three of these, we will take testimony on all three, and, then, we will vote one at a time 10, 11, and 12. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I am a member of the Episcopal Church that owns 12 acres across the street from this development. I wanted to make you aware of that and I have heard some discussions between the church and the Courtyard developers. I have heard this, because I'm on the vestry of the Episcopal Church and I hope that would satisfy the public interest, but you can -- but I'm asking the Council if they believe I have a conflict. Corrie: Council? Bird: I have no objection. De Weerd: Is that a paying job? McCandless: Sure. De Weerd: I have no problem with it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess just so the record is real clear, I think I'd move that Council Member McCandless can participate, that the conflict that exists, if any -- and I don't believe there is any either -- is dominius and she can participate in the discussion and vote on this. Bird: I second that motion. Corrie: Okay. Motion has been made and seconded. Any further discussion of Council? Okay. All those in favor say aye. Opposed no? All ayes. Mrs. McCandless, you may stay seated. MOTION CARRIED: ALL AYES Corrie: And, then, we will proceed with the -- Anna or the staff comments. Meridian City Council Meeting September 2, 2003 Page 11 of 51 Powell: Mr. Mayor, Members of the Council, you did have a rather lengthy hearing on this. Almost all of the concerns, if not all of them, concerned traffic at the intersection of Pine and Ten Mile and I did want to point out some of the properties in the vicinity, because they will come up later in the discussion. This is the Episcopal Church that was just referred to and it does have a small portion of frontage on Ten Mile, as you see there. This property is Mosher Farms, which is being developed by the same developer, so he has -- he's going to have some -- offer some off-site mitigation in relationship to this property here. This is the elementary school that everybody wants to provide safe access to. This is another church, so if there is confusion about a second church, it's to the south of the property in this location, and, then, the Meridian High School is in this location here generating the traffic that comes down Pine. To refresh your memory, this portion of the property was going to be developed in retail and office, with some residential above retail in this -- toward the west end of the site. These are four-plex units that have attached garages to them and, then, a carport in there also. This is a detail of the Landscape Plan for the commercial and retail areas. Here is Pine. Here is Ten Mile. These are some elevations of the retail and office spaces and these would be the residences up on top, residential lots some more elevations for you. This was the detail of the backing out area associated with the four-plexes and that's the Landscape Plan and there is the elevation of those and, then, the applicant has provided a present -- a separate PowerPoint presentation that I will go through when they are ready. My understanding is when we left it -- when we left it, there was a lot of concern that it go back to ACHD. ACHD did review it. They did hold a meeting on it. It wasn't a separate Public Hearing, but they did hold a meeting and there is a letter, I believe, that was provided to you from Christy Richardson. Basically, the applicant has offered to construct several off-site improvements that weren't in the original ACHD staff report. They are going to provide turn lanes for the north-south traffic, as well as the traffic on Pine on the east side of the road, the public portion. This, as you know, is a private lane it's not a public road. We would have a travel -- three 11-foot travel lanes, one of them to facilitate turn movement there. You will have a second lane that's open that will allow the traffic to get onto Ten Mile without cutting through the neighbors to the north, which was a concern. Likewise, you will have turn lanes coming north and coming south. The applicant has always offered to -- and they will go into more detail. They have got some pictures in their presentation, but they are going to expand the area -- you see this pipe here, they are going to extend the area that the pipe covers, so that there is more room for pedestrians between the travel way and the end of the irrigation pipe. They are basically elongating the pipe they want to put some barriers there to facilitate or to keep kids from falling in. These are temporary measures, because they road will be reconstructed in the future. They didn't want to have it torn out right away, and, also on the other side of the road on the Episcopal Church property, they would do the same on that one, extend that pipe, and then provide -- within the right of way provide an asphalt area that would separate it from the travel way. That would basically function as a sidewalk for the children, so they would be next to the canal, then, they would come down and they would be on a separated little area and, as I said, they have some pictures regarding that. I think I'll leave it right there. Meridian City Council Meeting September 2, 2003 Page 12 of 51 That's what I know. Bruce Mills is here from ACHD to comment on the letter more and the applicants, as I said, have a presentation for you. Corrie: Any questions for staff? Okay. Is the developer or representative here this evening? Is the testimony you are about to give the Council the truth, so help you God? Ralphs: It is. Corrie: Name and address, please. Ralphs: My name is Rod Ralphs. My address is 2730 North Greenbelt Place here in Meridian. As staff has identified or indicated, we did meet with ACHD. We scheduled that immediately the next day after we had our last meeting with you and the meeting that we had with ACHD was held last Wednesday. Any of the notes or minutes will not be available yet to you, but just before we go into that, I just want you to know the feedback that we received. That in visiting with them and their engineers and also with our engineers, we believe we have fashioned a wonderful compromise to this project that addresses a lot of the concerns that were raised at our last meeting. Just by way of location and, as staff has indicated, we are there at the southeast corner of Pine and Ten Mile. If we could go to the next slide, please. We are one half mile south of Cherry Lane and less than two miles from Meridian City Center and walking distance to the proposed light rail system. I give that by way of background only to show that as Meridian continues to grow, there are certain developments that currently extend beyond this area and wanted to just let you know by way of context that this project is fairly close -- it's very close, actually, to where Meridian is growing right now and we are very close, if not closer, than some of the ones that have been approved previously. Let's go ahead with the next slide. One thing that we did change -- and this is significant. We are going to phase this project. The last time we were here we were not going to phase it, we were going to just let it go as one development and the staff was kind enough to help us clarify this, the development as one phase. This is for the approval, but the actually construction part is going to have separate phases. The first phase is going to be the residential and the earliest that we will have people in there would be fall of 2004 four. By way of amenities, we will have a tot lot play area there in the back, protected by the homes there on the street and, then, there would be a six foot chain link fence that runs along the -- that drain that runs along, also as part of the amenities would be a walking path and a green park area. Next slide, please. Phases two and three address the commercial sites within the project. As Council would remember from the layouts that staff had showed earlier, we have two stand-alone office buildings that are kind of central in the project and, then, there are three buildings that are on the perimeter that you would see as you drive north and south on Ten Mile and also as you make the corner onto Pine. What we would expect in phase two would be to bring those two middle office buildings on line. Those are two story buildings and we will refer back to some of those elevations. In fact, if we could go back to those elevations of the -- okay. Go forward one, please. Okay. The building E and F that you see here on the -- this building right here, would be part of phase two. That's what we would expect to be able to include in this. Now, as far as buildings B and A, D, and, Meridian City Council Meeting September 2, 2003 Page 13 of 51 then, also there is a bank site, those are going to be the ones that you would probably recognize as being the big draw, the big connectors that would bring in traffic. We are going to hold off on those. Those are going to be in the third phase of development, again, determined by market -- thank you, but these buildings right here. Actually, there are four. These things would be determined by market, but, then, also we would look at developing those closer in time to when ACHD anticipates construction there. They are adding five lanes to Ten Mile and three lanes to Pine. That's one of the biggest changes that we present to you this evening, as we are planning on phasing this. The next thing -- and I'll need to go back, please, to the -- Powell: Mr. Mayor, just the two initial buildings are those two right there. Those were the phase two buildings. Sorry, Rod. Ralphs: Thank you. No. That's great. Thank you. Okay. Now, I wanted to point out -- because a lot of concern has been address to the traffic that this project would generate. Again, referring you to the 2004 completion date, where at least we would have people -- the earliest they would be in there would be fall of 2004, we are looking at the 56 units of attached residential. ACHD's traffic count, they estimated it at 350 trips, so far less than the 1,400 and I believe 68 or so trips, or maybe 1,400 -- my math is a little off tonight -- 1,418 trips daily. We are going to be phasing that in. The interior sites for office retail would be Phase 2 and, then, the remaining units of commercial would be office retail and that would include the C-store, some restaurants, and the bank. The combined traffic count would be phases two and three and by their count it would be 10,000 -- or, excuse me, 1,068 trips at full and final build out. Now, we have underlined that, because we feel that that is some years away. We feel that it's going to be a long time before we actually see those high counts that you saw in the traffic report. Next slide, please. I wanted to go over some of the concerns that were addressed at the last City Council and Council can correct me if we have missed any of these, but one of the things that -- two of the things that we have tried to address by meeting with ACHD and going back with our engineers was, Number 1, connectivity. Part of that were the sidewalks, pedestrians worrying about traffic to the C-store, pedestrian traffic to school and, then, pedestrian traffic generally. Then, down to traffic generated by the project, addressing that with turn lanes and widening of the shoulders. As we have indicated earlier on, we are going to be phasing this, which we feel that it would also address the traffic generated by the project. Can we go to the next slide, please? I wanted to show you how we feel that we can address and reach a reasonable compromise with the connectivity point. The first one is to propose to extend the sidewalk south to Pine on the west side of Ten Mile. Now, there is a small correction in the letter that you got from ACHD where it talks about bringing down a bike lane on the east side of Ten Mile. That should, actually, read west side of Ten Mile, and what that would do is it would bring the sidewalk down along the existing 50-foot right of way there along Ten Mile to where it reaches Pine, which is currently a private lane. As we did some more research about different applications on connectivity here in Meridian, we identified a couple of places. This, for example, as the Council is probably very familiar, this is just north of Tully Park. Tully Park is sitting back there and this goes into an existing subdivision and there is a very substantial ditch or a canal right Meridian City Council Meeting September 2, 2003 Page 14 of 51 here. What has been put in here right now is the concrete barriers and there is also another concrete barrier here to protect the pedestrians from traffic. Given that this project is slated for construction with ACHD in 2007, what we were proposing is to make sure the shoulder is wider coming in from Mosher's Farm, so if you would imagine now looking north and you're over here and let's just imagine that this would be Mosher's Farm as you're looking north, the sidewalk from Mosher's Farm -- and they are in there today, would actually come in, they would tie into this shoulder and it would drop down to what would be Pine. Okay. Now, what do we do out here? This barrier right here would allow us to have a very strong, secure canal and canal protection and, then, eventually, as this is built out to a five lane, then, you would have some of the safety railings and a bridge as it's tiled. One of the other applications -- and I want to propose this next one, would be using additional improved shoulder area for what I call a protective bike path. If you would imagine this along the canal on the west side of Pine -- or on the west side of Ten Mile. Then, also -- and this the Council would recognize from North Ten Mile there -- and this is the Sunburst Subdivision -- you see a raised or an extruded curbing with safety reflectors here and, then, you have a safety pedestrian bike path that actually ties into a sidewalk way down here at Sunburst. Even though -- and as the Council is well aware, developments don't come in line all at the same time and we do want to provide a safe, reasonable way for people to get to and from school. We are reducing or eliminating for at least the current period of time the C-store, which would eliminate a lot of the draw coming over to our project, and then we will also be providing this as a means by which people can go on into the protected area of Mosher's Farm and then, off into the school. Next slide, please. Now, how did we address the traffic generated by the project Number 1, by phasing the commercial site. The residential application, once it's been fully built, will have approximately 350 trips. This is a 75 percent reduction from the initial build out. Then, some of the additional commercial, as we come to you, would require a Conditional Use Permit, those things would be like for the bank and the fuel stop and the C-store. You would have another crack at us, I guess, is what I'm saying. You would have another opportunity to examine what's going on out there before you added anymore commercial over and above the residential. The proposed addition of turn lanes and the widening of shoulders have been addressed in the next slide -- if we could go there, please. Thank you. What you see here -- and this is in -- working in consultation with ACHD and, then, also with our engineers, is adding turn lanes and I want to quote from you or at least direct you to the second page of the ACHD letter -- Powell: While you're looking that up, Rod, a C-store is a convenience store, for those in the audience who have been wondering what it is. Ralphs: Thank you. After consulting with various offices and personnel there at ACHD -- I just want to direct your attention there. While ACHD is not requiring these improvements, the district supports the applicant's proposal and finds that these improvements will help alleviate the back up that occurs at this intersection. What you will notice is that we are pulling in from what ACHD is going to require when they go to a five and three -- that's what they are going to call this, is a five and three application, we are already going back to that right of way and that's going to be improved, that's going Meridian City Council Meeting September 2, 2003 Page 15 of 51 to have the asphalt and that's how we are going to pick up these lanes now, a lot of the subdivisions you will see in town, you will see some paving there right there at the entrance and then they will leave the shoulders in gravel until such time as ACHD comes along. We would be adding the asphalt improvements along the shoulders here on the south and east corner of Pine. I wanted to just clarify a couple of things from staff. We have two different developers -- similar members on the development team, but I want to just point out this is a different development company than this one. I also wanted to point out that right here where this sidewalk comes down from Mosher's Farm, we would be using the existing 50-foot right of way that is there now. Now, as Councilwoman McCandless indicated, there have been talks with the church, but those are in the formative stages. What these drawings represent is what we are proposing to do with what we have and, then, depending on how things work out on those negotiations, then, we can discuss that further. What we want to point out with this is that by improving the shoulders -- and we would also be widening this out here to allow for a wider shoulder, is that we can get in these extra lanes, allow for a protected bike path, and get pedestrian traffic to and from Albertson's and that's all I have. I'd answer any questions that you might have at this time. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Ralphs, at the prior discussion we -- there had been discussion here and I -- maybe it's in the ACHD letter, I don't remember. The issue on the stop -- the four way stop. We are not -- with the turn lanes we are not going to do that any longer; is that right? Ralphs: That's correct. I handed off to the Clerk -- in fact, I just saw the Mayor referring to it. We were -- we did go down to ACHD and we did ask them to do a study and they went through their checklist on -- it's the one that has the handwriting there in the first column. They go through several -- several elements and we had expressed these last time. It's more than just counting the cars that go by, they look at pedestrians, they look at approach speeds, they look at different factors before they make any indication about the stops. The short answer is, no, we won't be looking at the all way stop, because they do not just meeting warrants for ACHD's recommendation. McCandless: Mr. Mayor? Corrie: Mrs. de Weerd -- or, excuse me, Mrs. McCandless. Got you on my mind. I don't know why. Yes, Mrs. McCandless. McCandless: You have -- you know, those turn lanes are going to help a lot, I'll admit, but I'm still wondering how you're going to get the children across the street from that subdivision that are going to school. Ralphs: I can address that. Meridian City Council Meeting September 2, 2003 Page 16 of 51 McCandless: Thank you. Ralphs: Okay. The situation that you're addressing is one that you have got already on Ten Mile, you have got with Thunder Creek, and you have got it with subdivisions that go up along Ten Mile. The requirement of asking the children who are going over to Chaparral, we are providing the same protection that's already in place with other subdivisions where, if children are not bused with safety busing, then, they are going to be crossing that. That is something that is already in place with another subdivision that was recently approved here. Thunder Creek experiences the exact same thing. Now, does that mean that we are callous to the need absolutely not? What it means is that we are trying to in step with what you provided. Now, as far as over at -- I want to say Peregrine -- now that has busing and that's the seasonal year and the kids would be able to come in and they would be able to go. Now, as Councilwoman de Weerd indicated last time, that sometimes it's not cool to ride the school bus granted. What we have got here and going back -- thank you, staff. If you look here along this road, okay, we would come out here with all of our improvements, but right now, if you go along and you're talking about connectivity, it's not there already. In fact, the safeguards that we are putting in here along this canal exceed what's here with Kelsey Park. Kelsey Park you have got a very short sidewalk, they have got to go around the canal with out any protection, then, they are onto this sidewalk, and, again, there is no connectivity. If we are looking at going north here from the project, we look at what is done here at Thunder Creek. Again, you have nothing, no sidewalks and -- and this is for all of the traffic that would be going up north and we just -- and just in driving around Meridian and knowing that one of your concerns here tonight would be the connectivity, we looked at Mosher's Farm, it does not connect south. Berkeley Square, there is no connection to the north. Even Parkside Creek with very narrow frontage on Ten Mile, there is no connectivity to any existing sidewalk and I just share that with you, not saying that this -- this is how it's been done in the past, but we are wondering by providing some of these improvements, especially, if you're along Ten Mile, to alleviate those concerns, we feel with going offsite that we are going above and beyond what other developers have done in a similar situation. We see the connectivity problems, but that happens when landowners sell their properties at different times and when they are going to come on line we don't know. The idea is to have the sidewalk stubbed in and, then, to, eventually, grant them and meet them. Corrie: In regard to that, have you talked to the schools at all about having guard crossings there? Ralphs: We talked to the schools early on and they were the ones who had indicated that there would be busing over here to Peregrine from the subdivision and, then, over here I believe the comment was made from one of those who testified last time, these individuals have safety busing and so the assumption is that these people would also have that in 2004. As the Council is well aware, the issue of safety busing and what the Meridian School District is able to do from year to year changes. Meridian City Council Meeting September 2, 2003 Page 17 of 51 Corrie: Correct. Okay. Further questions, Mrs. McCandless? McCandless: No. I was just sitting here thinking that -- we were talking about connectivity with Berkeley Square, but the school is right behind Berkeley Square, so they wouldn't have to cross any streets to get there. Ralphs: That's correct and my point in raising Berkeley Square is not that the children would be accessing the elementary here on the west side. Here when you look at what the children are doing after school as far as going and playing with friends up in the other neighborhoods or even going to Albertson's or having a similar draw like we would have with our C store. You don't have that connectivity they are walking on a shoulder. What we are proposing is widening the shoulders off site to allow them at least some of this protection going in here to the school and, then, on out to what's already the existing and accepted means of accessing Albertson's. Corrie: Okay. Any further questions of the applicant? Nary: Mr. Mayor Corrie: Mr. Nary. Nary: Mr. Ralphs, on the phasing plan, I mean do you want us to incorporate that phasing plan as part of the conditions here or what was your thought on that? Ralphs: Well, our thought originally was to just go and let the market determine it and, certainly, as a developer that would be our recommendation. We also understood -- we are trying to be a good neighbor and work out with the traffic counts. We are also trying to be a little more in sync with the improvements that ACHD is proposing. Ideally, we would like to see phases one and two to be fairly close in time, knowing full well that Phase 3, with the high demands -- or the high attraction, I guess, I will call that. We'd need to come back in for a Conditional Use Permit on those buildings and, again, you would be able to give us a thumbs up or a thumbs down on it. Nary: Thank you. Ralphs: Thank you. Corrie: Any further questions in at this time? Okay. Ralphs: Thank you. Corrie: Is there anyone from the public that would like to issue testimony in all three of these? Is it Clayton? Is the testimony you are about to give the Council the truth, so help you God? Lyle: I do. Meridian City Council Meeting September 2, 2003 Page 18 of 51 Corrie: Name and address, please. Lyle: My name is Clay Lyle, I live at 2064 North Stonecrest Way in Eagle, Idaho, and I am representing the Episcopal Church and one concern from tonight is the concrete barriers that are being proposed for a bike lane. Is that going to block the 160 feet of access we have fronting Ten Mile? We are currently renting that property to a local farmer, who accesses it off of Ten Mile. We have a concern that we are not locked out of our property at that point. The other question I had for Mr. Nichols concerns the water issues on the property. We have canal water that we use to irrigate the church property. The developers have proposed bringing a pumping -- actually, a pressurized irrigation system across from their Courtyard system to the Mosher Farms and have asked us for either an easement or some kind of right of way to cross our property with their pressurized system. Now, it's my understanding that you can't prevent a farmer from taking water across another piece of the land, precluding him from using his water on his land. It's my understanding that both sides of the drain ditch of the Mosher Farm had water on it at one time or another and it's my assumption -- and this is really what I'm asking Mr. Nichols, is according to Idaho law does that law extend to pressurized systems when, in fact, there is already water on the property? It would appear they are putting in a pressurized system at the Courtyards to save money, rather than having two pumping systems, they are combining it into one and we are concerned about the number of the easements that we are going to have across the front of our property, which might restrict future development of it. The question is do we have to permit them to bring their pressurized system across our property. Corrie: Mr. Nichols, are you prepared to answer that question at this time? Nichols: Well, Mr. Mayor, Members of the Council, you pay me for advice to you. Mr. Lyle, I'm not aware of anything that would require you to give up an easement, but that doesn't mean that there isn't one. Lyle: Okay. Nichols: I'm just telling you that off the top of my head I'm not aware of one. The issue about preserving water rights is that someone upstream from a parcel cannot do something to interfere with that downstream parcel's access to their historical use for which they have a water right. That's as far as I can go. Lyle: Okay, and we would not restrict them from using the canal water that's on the property already. Those are my two concerns. Thank you very much. Corrie: Thank you. Thank you, counselor. You helped us a great deal. Nary: Is was a political -- Meridian City Council Meeting September 2, 2003 Page 19 of 51 Corrie: It's a pretty good political answer. Is there anyone else from the public that would like to issue testimony? Bruce. Is the testimony you are about to give the Council the truth, so help you God? Mills: It is. Corrie: Name and address. Mills: Bruce Mills, Ada County Highway District, Garden City. Mr. Mayor, Council th Members, I'm here mainly to see if you have any questions regarding our August 29 letter. I did want to just go over a couple of items from that letter. This is from our staff Christy Richardson to you. It just gave the results of the meeting that we had last Wednesday with the developer and with many of the residents of the area. Just to recap, I guess, what our commissioners felt after the meeting was that -- a couple points. At this point in time a signal is not warranted at this intersection, although we are tracking it and, obviously, it's getting close, because that's why it in our plans to upgrade this intersection in 2007 when we widen the road. The same way with an all way stop, that at this time it's not required. However, we do feel strongly that the turn lanes that they are proposing are going to help quite a bit to alleviate any of the problems. Right now the most critical turn lane is, actually, southbound, adding a left turn lane in there. We have about 8,000 cars a day north south on Ten Mile, we don't have that many cars east and west on Pine. The turn lanes are definitely going to be a help and any shoulder improvements that can be done for the pedestrians we also feel are going to be very helpful. Again, I wanted to reiterate that 2007 is the planned year for the improvements of signalizing the intersection and also building out Ten Mile all the way -- even though it's two separate projects, we are going to combine them into one in one year, so all the way from Franklin up to Cherry is the reconstruction to five lanes of Ten Mile. The last comment was just from one of our commissioners who had stated that they felt very impressed that this developer is to step up to the plate and do off-site improvements, which were not really required of them. That's almost unheard of at times in our business. I'll stand for any questions you might have. Corrie: Council, any questions? You haven't had any scuttlebutt or hearing that three or five lanes in the future on Pine? Mills: I can address that a little bit more if you like on Pine. Corrie: Thank you. I just wondered if you had heard any scuttlebutt about what size it was going to be. Mills: Briefly, it will be built to five lanes, striped for three lanes, and we have some measures to alleviate the impacts to the adjacent neighbors and I could tell you later if you like. Corrie: All right. Thank you very much, Bruce. Is there anyone else that would like to issue testimony? Meridian City Council Meeting September 2, 2003 Page 20 of 51 Powell: Mr. Mayor, Members of the Council. Corrie: Anna. Powell: We should clarify that that discussion was in regard to the Pine section east of Eagle. Corrie: Yes. Thank you. De Weerd: Unrelated. Corrie: It's unrelated, but I was just curious. I would also like to have the record show that we did have an e-mail from Irma Atkinson to the members of the City Council that she was, evidently, pleased that ACHD was doing the turn lane proposals, so I would enter that as the record to the City Clerk. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: We also have an e-mail from a Julie Schultz that should been entered in also. Corrie: Okay. There was no one else that would like to enter testimony in this Public Hearing. Council, have you got any questions for -- in the Public Hearing arena? Okay. Hearing none, if you so desire we can close the Public Hearing on Items 10, 11 and 12, if you would like. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think it's appropriate for the applicant to come and address the testimony. Corrie: Oh, I'm sorry. Yes. You're absolutely right. Thank you. We do have a question that was asked by the -- about the lockout of the property. Ralphs: Certainly. As far as the concrete barriers -- and, staff, if we can go down to where those concrete barriers were, just to be helpful as an illustration here. We would certainly do nothing to interfere with a neighbor's access to their property. The proposed barrier placement would actually be right there where that canal or that ditch comes out at Ten Mile. Actually, the ingress to that field and that, actually, is along the dirt lane here and, then, you, actually, have an irrigation ditch that runs in here as well. There is not a driveway there and so we would do nothing that would interfere or impede in any way with the farmer going about his duties there or any other application Meridian City Council Meeting September 2, 2003 Page 21 of 51 that the church would be doing. As far as any kind of changes in water rights and things like that, we would work with the church with any kind of impacts, but the things that have been alluded to would be to discuss with them an easement for the pressurized irrigation, leaving a stub for them for them to later on develop. That would be something that would add to their property, but it would not be something that they are guaranteed to and I'm not going to say that we are committed to that plan in any way, but that was the easement that the members of that church had indicated to you tonight. That's what we are trying to do is to consolidate those pressurized systems, but also providing for a stub for that property in the event of eventual development. Corrie: Okay. Any other questions of the Council? Okay. Thank you. Ralphs: Thank you. Corrie: Okay. Now, then, what I said before. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Hearing no more public testimony, I would move that we close Public Hearing AZ 03-009, the request for annexation and zoning of 11 acres from RUT to R-15 PD and C- N zones for the proposed Courtyards at Ten Mile. Also the PP 03-010, the request for Preliminary Plat approval of 31 building lots and five other lots on 11 acres in a proposed R-15 PD and C-N zones for the proposed Courtyards at Ten Mile. Also CUP 03-020, the request for a Conditional Use Permit for attached single-family residential with commercial in proposed R-15 PD and C-N zones for the proposed Courtyards at Ten Mile by Doug Campbell, Tom Bevan, DTE Developers, southeast corner of North Ten Mile Road and West Pine Avenue. Corrie: Okay. Do I hear a second? De Weerd: Second. Corrie: Motion has been made and seconded to close the Continued Public Hearing on Items 10, 11 and 12. Any further comments? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: So, let's take them one at a time here in discussion or you can have your motions. Item Number 10, which is the request for annexation and zoning of 11 acres from RUT to R-15 PD and C-N zones for proposed Courtyards at Ten Mile. Discussion? Okay. Nary: Mr. Mayor? Meridian City Council Meeting September 2, 2003 Page 22 of 51 Corrie: Mr. Nary. Nary: Yes. I guess my only discussion is, is I understand where the neighbors are coming from. You know, I drive down Ten Mile almost daily myself. I think what's being done here is commendable on the part of this development. This is -- it is uncharacteristic of developments to work to improve off-site improvements. I think the re-look by Mr. Campbell and Mr. Ralphs at the phasing of this project to coordinate the real draw to this project with the widening of Ten Mile and the signalization of this intersection, to kind of coordinate that to be a little closer in time is also commendable. I think the -- there will always be an issue of crossing traffic on Ten Mile until there is a signal, but I think to alleviate that, I think what they are proposing to do with these barriers, the lanes, all of those things. I think are very good and a great improvement to what is currently there and, again, the phasing plan, I think, is probably the key here in my mind. How we draft that in conditions it would appear to me to be somewhat more so not tied to the signal, but to the whole road project itself and once they start -- from what I heard Mr. Mills saying, they are going to widen all the way from Franklin to Cherry all at one project, they can certainly building that C store at that point, because nobody is going to drive down that road regardless. I don't think it's going to matter at that juncture. I think phasing those and connecting those together closer in time is really the key to me. I think that's really where the traffic is going to be from and I think what's there now and what they are going to do to improve it is great. Bird: Mr. Mayor? Corrie: Thank you, Mr. Nary, Mr. Bird. Bird: I agree with Councilman Nary. I do have one thing. On their phasing in some of the areas like the C store and the bank and stuff, I think -- I hate tying them down to a certain time, because of the market and if the market shows up there, then, they are under CUP, so they come back before us anyway. I hate putting time limits on them. I would prefer to make it marketable value, you know, whenever the market is ready for it. I think they have gone above and beyond the call of what we asked with what they are doing here. I'm very impressed. I'm like Mr. Nary, we are never going to get rid of the traffic problems over there until I don't know what, but it's just something that we live with and try to do the best we can with and I believe that these developers have done it -- have done the best that they possibly could to help that. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would agree with everything that's been said, although I take it a little bit further, but when I say that it's a whole different meaning, Mr. Nary. I guess that was a private joke. Sorry. A lot of it -- what you're doing with the roads is an improvement that is not just for the impact of this subdivision, it's certainly going to improve the traffic Meridian City Council Meeting September 2, 2003 Page 23 of 51 situation in that area as a whole and so I really appreciate that. I also appreciate -- I think that some of the issues that they have at Thunder Creek Subdivision, that it's not at an intersection where those kids are crossing the street. This gives them a more obvious place that these kids can cross and you have provided them safety to get to the connecting sidewalks that do currently exist and that was the voiced concern at the last time. As far as tying any conditions in, I think most of the businesses on Overland right now or Franklin when they went through their road improvements, you probably don't want a business there until those road improvements are done, because those businesses would be new and they would suffer during that road construction. The phasing, if you do it in conjunction with the road improvements, probably would work best for the tenants that would be attracted to those areas anyway. I think, as Mr. Bird said, the free market would take care of it, but that road construction would take care of the dictation of when those things would happen. I commend you for addressing the conditions of the Council and the residents and adjoining property owners. I think it's a great testimony that those residents aren't here and we have heard from two of them via e-mail. One is very pleased with the initiative that you have taken. The other one is still concerned for the kids up in Thunder Creek and I don't know what you can do to mitigate some of the concerns that they have. I think you mitigated what concerns this development would add to any current situation and you have improved the situation of the traffic that exists today, so I do appreciate that. Corrie: Anyone else? Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Hearing no more discussion, I will make a motion. Corrie: Okay. Bird: I move that we approve the AZ 03-009, the request for annexation and zoning of 11 acres from RUT to R-15 PD and C-N zones for the proposed Courtyards at Ten Mile by Doug Campbell, Tom Bevan, and DTE Developers. The southeast corner of North Ten Mile Road and West Pine Avenue, incorporate staff and applicant comments, public testimony, for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. De Weerd: Second. Corrie: All right. Motion has been made and seconded for the approval of the request for annexation and zoning of the Courtyards at Ten Mile with the conditions. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting September 2, 2003 Page 24 of 51 Corrie: Okay. All ayes. Motion approved. MOTION CARRIED: ALL AYES Corrie: Now, Item Number 11, request for Preliminary Plat 03-010 for approval of 31 building lots and five other lots on 11 acres. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve PP 03-010, the request for Preliminary Plat approval of 31 building lots and five other lots on 11 acres in a proposed R-15 PD and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell, Tom Bevan, and DTE Developers. The southeast corner of North Ten Mile Road and West Pine Avenue and to incorporate staff, applicant, and public testimony and I believe this is where we would have the phases is in the Preliminary Plat. I, in my motion, would not put any time table on it, that I'm like Councilman de Weerd, I believe it would -- the traffic is going to -- the working of the roads is going to take care of that -- and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. The request for Preliminary Plat 03-010 is approved. MOTION CARRIED: ALL AYES Corrie: Item Number 12 is the CUP 03-020, request for a Conditional Use Permit for the attached single-family residential with commercial and proposed R-15 PD and C-N zone for Courtyards at Ten Mile. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve CUP 03-020, the request for a Conditional Use Permit for the attached single-family residential with commercial in a proposed R-15 PD and C-N zones for the proposed The Courtyards at Ten Mile by Doug Campbell, Tom Bevan, and DTE Developers. Southeast corner of North Ten Mile Road and West Pine Meridian City Council Meeting September 2, 2003 Page 25 of 51 Avenue, incorporate staff, applicant, and public testimony and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Item 13. Public Hearing: TCU 03-002 Request to transfer a Conditional Use Permit from Wendell and Kathleen Lawrence to Debi Sheridan for a child Sunshine Academy care facility in an L-O zone for – 737 North Linder Road: Corrie: Item Number 13 is a Public Hearing, TCU 03-002, request for a transfer of Conditional Use Permit from Wendell and Kathleen Lawrence to Debbie Sheridan for a child care facility in an L-O zone for Sunshine Academy, 737 North Linder Road. At this time, I will open the Public Hearing on Item Number 13 and invite staff's comments first. Powell: Mr. Mayor, Members of the Council, this is -- we saw another one of these about a month ago, I believe. It's on the Conditional Use Permits for the day cares, they are required to come back to you and ask for a transfer. I believe the intent of that is just to insure that they have a day care license and so we have made that a condition of approval. Staff is recommending approval of this request. Corrie: Thank you, Anna. Any other questions of staff? Hearing none, is the representative here this evening? Is the testimony you are about to give the Council the truth, so help you God? Sheridan: Yes. Corrie: Okay. Name and address, please. Sheridan: Debbie Sheridan, 278 North Rotan. I'm just here to answer questions and let you know that a childcare license is in the works. We have already received approval from Central District Health and the Fire Department is scheduled to come out on Thursday. Corrie: Okay. Anything else? Sheridan: That's it. Meridian City Council Meeting September 2, 2003 Page 26 of 51 Corrie: Council, questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And this is only for the one facility on the east -- on the west side of Linder correct? It's not for the other facility it's just for one? Sheridan: Yes. It's only one building, yes. Nary: Okay. Thank you. Corrie: Okay. Thank you. Sheridan: Thank you. Corrie: Is there anyone else from the public that would like to issue testimony at this time? Okay. Council, what is your pleasure? Nary: Mr. Mayor, I guess I would move to close the Public Hearing. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Item TCU 03-002, any further discussion? Hearing none, all in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Discussion? Hearing none, I'll entertain a motion, then, on the request. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of TCU 03-002, the request to transfer a Conditional Use Permit from Wendell and Kathleen Lawrence to Debbie Sheridan for a childcare facility in an L-O zone for Sunshine Academy at 737 North Linder Road. Pursuant to all staff conditions and comments, for counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. McCandless: Second. Meridian City Council Meeting September 2, 2003 Page 27 of 51 Corrie: Okay. Motion has been made and seconded for the approval of the request for transfer. Any further discussion? Hearing none, roll call vote Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion approved. MOTION CARRIED: ALL AYES Item 14. Public Hearing: CUP 03-033 Request for a Conditional Use Permit for Millenium Dental a professional dental office in an L-O zone for by Millenium Dental – south of East Overland Road on South Millenium Way: Corrie: Item Number 14 is a Public Hearing, CUP 03-033, request for a Conditional Use Permit for a professional dental office in an L-O zone for Millenium Dental by Millenium Dental south of east Overland Road and South Millenium Way. Okay. I will open the Public Hearing and offer staff's comments first. Powell: Mr. Mayor, Member of the Council, this is in Resolution Subdivision. We have been seeing a lot of properties come through again on that original subdivision. It's just north of the high school, the entrance to the high school, as you can see there. You had applications for -- the Seegmiller Dental was at this location, so you have recently seen this property -- this site before you. The applicant is proposing to use the shared access from this location here to enter the property. There is one building planned for now. They do have plans for a future building or they have laid out a site that would require coming back to you to have two buildings on one lot. The only issue -- let me go down. There is the landscaping plan. The only issue that came up at the Planning and Zoning Commission was -- we talked a lot about the cross-access that may be needed on the property. A lot of that was kind of a holdover discussion from the Seegmiller Dental up above and there is going to be a connection -- a pedestrian connection between these two properties in Resolution Subdivision. This one shares this access point here on Lot 2 of the subdivision, so there is already a cross-access agreement. The real question was whether or not they needed one here and the answer was, no, eventually, that that wasn't an appropriate access point for this Lot 3, it would have almost too many accesses coming into it. They decided not to require cross-access and the only remaining issue, then, which is still unresolved is whether -- there is no -- there is no pull-out area, back out area, for these parking stalls at the end. Staff had asked before the Planning and Zoning Commission that those stalls be removed. The applicant had wanted to change them to compact spaces. The Planning and Zoning Commission has forwarded staff's recommendation that they be removed. The applicant now is asking that they be signed as doctor only parking spaces. Regardless of who's parking there, there is still no way to back out, especially if they have got a large Suburban. We still are asking that they reconfigure the site or remove two parking stalls, so that there is a backup area at the end of that parking aisle. Other than that, is it coming forward to you with a recommendation of approval from the Planning and Zoning Commission and that concludes staff's comments. Meridian City Council Meeting September 2, 2003 Page 28 of 51 Corrie: Thank you. Any questions for Anna at this time? Is the applicant or representative here this evening? Is the testimony you are about to give the Council the truth, so help you God? Knopp: Yes. Corrie: Thank you. Name and address, please. rd Knopp: My name is Larry Knopp, 355 South 3, Boise. I'm the architect representing Millenium Dental. We had discussed the parking issue with Brad Hawkins on the two car parks located here and here, as far as signing those with -- as doctor parking only. There are two dentists that will own and work out of this facility and so this parking lot, really, is established for employees and the doctors. The parking for the patients and public will be up in front in this location, making an easy access into the front entrance right here. We feel that parking is always a premium. They do have about ten employees that will park in this area and take up most of it. I have designed this site for this building and the future building, if it's built, and accommodated the parking for that at one per 250 square feet, which is normal for what I usually design to on a medical or a dental use, just because of the amount of traffic and the fact that they do have a fair amount of employees. We have 25 feet of driveway width, we have 19 feet depth on the parking stalls, and we have a six-foot sidewalk in here and overhang area in this location for bumpers in -- to meet the design standards. The parking can be accommodated as a backup. These two may have to have -- they may to go two -- through a two or a three time back up and turn to get out, but it is -- it is accommodated on the 25 width and if we do post it as doctor parking only, then, they are the only ones that have to negotiate that. We would really like to have the two car parks left in there and used for this development. Corrie: What does the doctors think about it getting smacked? You don't know, I'm sure, because you don't -- Knopp: Yes, I do. In fact -- Corrie: Oh, you do? Knopp: -- one of them is here and he would like to give his testimony concerning this. Corrie: That building to your left here will be a -- probably parking in there for -- correct? The patients wanting to come in there, that building? Knopp: This building? Corrie: Yes. Meridian City Council Meeting September 2, 2003 Page 29 of 51 Knopp: All of the parking here and all of the parking out here accommodates this building and also this future building. There is only a certain size building that we can build there and so I designed it so that the parking is adequate for both of those facilities. If this one is not built, that just gives them a little better parking ratio for their development. Yes, one of the doctors is here tonight and he would be more than happy -- in fact, he would like to testify regarding those two spots. Corrie: Okay. Any other questions, Council? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess in the Planning and Zoning discussions, did they discuss allowing you to have one and maybe bumping out halfway out into the other, so that parking lot would at least have a back out space into the other spot? I mean you could take away the one, you know, curb it so someone couldn't park there, but still allow some backup space for the other. Powell: Mr. Mayor, Council Member de Weerd, we really didn't discuss alternative designs much at Planning and Zoning Commission. They had asked for compact spaces -- compact spaces that -- most Idahoans drive trucks, as it was a recent statistic I saw, so I mean that is an option. That, actually, in conjunction with the doctor's only -- compact spaces, at least they are shorter cars and maybe they don't have to do a three point turn, but if you have got a doctor that has to drive the Suburban for the day, you got a problem getting out of that space, that's why we require backup areas. De Weerd: It's an option. Just a thought. Knopp: There is way of -- De Weerd: Then we go half and half, you know. Knopp: Well, we could -- I have a solution where we -- we cut this landscape area down and we move this area in tighter and closer in here, which we are doing away with some landscape here and here to accommodate more area here to back up in. I mean -- and, then, we are losing one car park in that scenario, but we are also losing I think valuable landscape and buffer area here. If and when this future building is built, whereas if the doctors -- and we signed this -- first of all, hopefully, I have designed this with adequate parking up front that no patients or clients go back into this area, it's strictly for employees and for the doctors. If we sign this doctors only and they are usually there when the practice is open for business, so I think that's a fairly good way of mitigating the fact that there might be somebody else parking in those two last stalls that might be inconvenienced on how they negotiate a back up on it. Nary: Mr. Mayor? Meridian City Council Meeting September 2, 2003 Page 30 of 51 Corrie: Mr. Nary. Nary: I guess I didn't hear -- and since the P&Z is recommending it, that the loss of these two spaces has any impact on your ability to develop the site. It sounds to me like it's just a convenience to you. Knopp: Well, I don't think it's a convenience as it is a fact that parking can be a problem in developments, whether it's this one or other ones, a lot of times if we don't design to a higher standard in these areas, they do have problems with parking. The doctor can probably address that a little better than I can, as far as the number of patients and the number of employees that he has, so it's not a matter of it's a convenience or a luxury, it's a matter of making sure that we have enough on-site parking that accommodates potential patients and customers for this site. That's -- Nary: I understand all that. I guess what I didn't hear -- and since they had recommended eliminating it, is that the elimination of it somehow would violate our ordinance or would be prohibitive to you developing this site. I guess it's more from -- maybe convenience is the wrong word, but more from the perspective of you or the doctors in developing this property and what you think you might need as to parking spaces is why you -- why we are taking a long time to talk about two parking spaces. Knopp: Well, I called and talked to -- along with the doctor called and talked to Brad Hawkins-Clark about signing these. He seemed to be very receptive to the idea. I thought we would get a little more support from the staff, but the reason I'm talking about it is because I'm not the one requesting it the owner is requesting it. Probably at this point in time, it would be better if I had the doctor come up and address his concerns about the parking stall. It's a matter that he feels he would like to have those two parking stalls to make sure -- excuse me -- to make sure that he's got enough parking to meet his needs. These four car parks here that I designed into it, it's, really, not on his -- on his parcel. These four are in a flag lot that comes back here to Lot 3, but they are there because of this egress-ingress situation that was changed by the developer that was put on this lot. We had to go through previously and make a cross- connection easement agreement between this lot, this lot, and this lot, so that we had -- it was -- it used to be here. The developer had moved it up to this location, because of - - they had a development that was going to go in here, wanted it there, it got located there and, then, the development didn't go through, so now we are stuck with that situation on the egress. Anyway, those four car parks are sitting as bonus car parks for anybody who wants to park there. Nary: So, those are part of this plat, though? This is part of this development; is that -- Knopp: This will be improved with this development at this portion of time. Yes. Nary: Okay. Thank you. Meridian City Council Meeting September 2, 2003 Page 31 of 51 Knopp: Thank you. Corrie: Is the testimony you are about to give the Council the truth, so help you God? Gray: It is. Corrie: Okay. You name, please, and address. Gray: My name is Delmar Gray I'm the dentist that they are referring to. My address is 4500 Riva Ridge, Boise, Idaho. I can tell you from years in this business that I need parking stalls in order to conduct my business. I have the problem with a current office that we have in Boise where we have the standard required parking stalls, but there are times of the day when there are not enough parking places and I fear that that may occur here also. I know I cannot encroach on other people's parking. It might seem like a trite thing, but, in reality, by cutting out two parking stalls we may be cutting out someone's -- my ability to hire an employee or two. I feel that with these marked as doctors only, I'm sure that people would respect that. We are certainly aware of the parking situation. Twenty-five feet is plenty distance for me to pull it back and make the turn. We come at times of day when it's low traffic, it's a low traffic area anyway, and I’m not going to be holding up traffic. I think it's in our best interest and the best interest of all concerned that -- that we just have those parking places, rather than just waste them. I did go into the staff -- to Planning and Zoning. Anna was there, but you remember I came in and talked with Brad that day and he was very receptive to what I suggested and I -- and we submitted at letter to them. I was hoping he would be here to support that opinion. Evidently, he didn't discuss that with Anna. I think it's -- I think we can cut someone's job by just saying, no, you can't have those parking places, because I have to provide parking for patients, as well as staff. I'm willing to risk my vehicle's bumper, yes. Corrie: That's fine. How many patient chairs will you have in that clinic, doctor? Gray: Ten, 10 operatories and two dentists. At the minimum we will have 12 employees at one time. It could become more than that. You're cutting out -- if we lose th those two, we are losing about a 10 of my parking stalls. Corrie: Okay. Council, questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Do you have any bike racks around your building? Gray: We do not. It would be a good idea. We could certainly accommodate that in the landscaped area behind the office. Meridian City Council Meeting September 2, 2003 Page 32 of 51 Nary: Do you have any alternative transportation for your employees? Bus service treasure Valley Transit? Any other alternatives so they all don't have to drive there? Offer incentives to your employees to provide other -- Gray: It isn't going to happen. I wish I did, but I don't think so. Nary: Okay. Well -- but I mean -- Gray: It would be nice. Nary: I guess if your only alternative is you lose a space you're going to not hire a person. All I'm saying is maybe there is other alternatives that you could consider. I mean I don't mind you having doctor parking, because I have a doctorate, too, so I guess I will have a place to park, but I don't think that's what you're talking about, but I guess I'm -- there is a little lack of creativity here. There is other ways to get people there and you can even, as Council Member de Weerd stated, turn one of those spaces into a half space, use it for bikes, and you have alternatives, you're right near large developments of people that aren't all going to have to drive there, they can ride a bike there. I mean I guess I think you're kind of short-sighted in what you're doing and saying it's only -- without that space one person is going to lose their job, seems a little bit harsh and I think there is probably better alternatives available. Gary: I have staff members coming in from Nampa and all over Boise, I just -- the public transportation isn't very accommodating to that area, according to the hours that they need to be there and stuff. It just isn't there, councilman, at this point. I can't ask -- most of my employees are females, I can't ask them to ride a bike to work. Is that what you're suggesting or patients? Nary: Sure. There are people that can ride a bike to work, whether they are males or females. Gray: I don't think that will -- Nary: Fine. Corrie: Questions? Okay. Thank you very much. Gray: Thank you. Corrie: Is there anyone else that would like to issue testimony? Okay. Powell: Mr. Mayor? Corrie: Anna. Meridian City Council Meeting September 2, 2003 Page 33 of 51 Powell: I might just comment on a couple of the comments, one by Mr. Nary. Right now they have 40 parking spaces. At complete build out of both buildings -- and keep in mind that only one building is approved for construction with this approval, but with the completion of both buildings, they still have three extra parking spaces. This does not take them below the minimum required by the zoning ordinance. If you consider just the building that they are approved, then, they are 15 parking spaces over what's required by the minimum. I did speak with -- regarding the comment made by the dentist -- I'm sorry, I forgot your name. Sorry. I did speak with Brad about this and I didn't get the feeling of support from Brad that that perhaps the applicant got. That might have just been a miscommunication, but I did talk to Brad about it. He had told me that they intended to do the doctor parking. Corrie: Thank you. Powell: That was all. Corrie: Anything else to say, Mr. Knopp? You have a chance one time here. Knopp: Mr. Mayor, Members of the Council, Councilman Nary, we do have bicycle parking, especially for the location as close to the school as it is. We do have connection of sidewalk here. This is improved, sidewalk, curb, and gutter here. We also are anticipating connection, the sidewalk back through here to this lot if and when that warrants connection so, we are providing that. We will have a bicycle rack in this area, of course, for -- for anybody that is riding a bicycle. That's almost a standard thing now that we put in and incorporate in the design, so that they do have a place for the bicycles. I do have another drawing, if -- and it can be accommodated, like I had indicated earlier, where we are losing landscape areas here and here, buffer area, to accommodate a -- like a three foot back up area in here for that -- that car back up, that negotiation, so -- thank you. Corrie: Thank you very much. Okay. Council, any further discussion for the Public Hearing? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess while we have the Public Hearing open, I would like to at least make a comment. Our parking standards are minimums and, certainly, we don't want to encourage mass areas of asphalt. I don't think at full out, plus three or plus five is an extraordinary amount of parking. I also appreciate that the owners, that they have a better feel for the type of parking requirements that their particular types of businesses have and I appreciate the sensitivity to it, because there is nothing worse than going to a doctor's office and not being able to find parking anywhere. Boy, I can just imagine me coming to his office and having to drive back there and find out there is still nothing back there and having to back all the way out. I don't know what to do on congested Meridian City Council Meeting September 2, 2003 Page 34 of 51 parking areas, but I do know that parking is a premium asset to any business and so I don't think what they are trying to preserve is over and above anything that would be extraordinary and I would like to see if they could work with staff to maintain it. I don't think if the alternate drawing and shifting some of the areas in that would constitute such a big change that we couldn't approve things tonight and just ask that they work out some of those issues. I think at least you can keep one of the two parking areas and still remain sensitive to the backing out issues that have been raised, because those are legitimate, too. That's just my comment. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I'd probably agree. I think one -- I think one is the best compromise you can get. I agree with Council Member de Weerd's earlier comment that you can take either one of those spaces, either the one that is adjacent to the sidewalk or the one that's the opposite side, turn that into a half a space, use that space for something else and use that as a back up area for one of those spaces. I'd hate to lose very much landscaping, but I know that we have -- there is probably adequateness to be able to remove of it, depending on that alternate, and work with staff on that, but, I'm sorry, I just can't see having those two spaces jammed right up against the edge of the property there, right up against an edge of a curb, with some landscaping next to it as adequate parking for anybody. I think there is -- I think there is alternatives that are probably better that we can give either the -- if we are going to approve this, that we approve it with one parking space eliminated from that back edge or with some alternatives, if they want to try to keep the space, that they can work with staff on the alternatives. Again, we haven't seen that. I don't have a problem with that. If they can't reach a resolution, then, they will have to either live with the one space or come back again. Yes, I don't -- I surely don't think there is an over-abundance of parking here. Some of it is driven by what they may want to do in the future. We don't know what that is anyway. I just don't think having the two spaces back to back like that in, it is going to be good at all. I think that's just a bad idea waiting to happen, so I think you need to eliminate one of them or look at alternatives and see if the staff is willing to approve those. Corrie: Any other comments from the Public Hearing? Then, I'll entertain a motion to close the Public Hearing. De Weerd: So moved. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing on CUP 03- 033. All in favor say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES Meridian City Council Meeting September 2, 2003 Page 35 of 51 Corrie: Further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I will attempt a motion to approve CUP 03-033, request for a Conditional Use Permit for a professional dental office in an L-O zone for Millenium Dental. To address the -- to include all staff comments, to address the two parking stalls at question, to retain one of the two by using the second one to provide a back up for it and the flexibility for the applicant to work with staff in gaining that one extra stall lost and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. Corrie: Okay. Motion has been made and seconded with the recommendation for approval. Any further discussion? Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. Approved with conditions. MOTION CARRIED: ALL AYES Item 15. Public Hearing: CUP 03-035 Request for a Conditional Use Permit for a martial arts / self defense establishment for children in a C-N zone for Karate For Kids by Petra, Inc. – southeast corner of South Linder Road and West Franklin Road: Corrie: Okay. Item Number 15 is a Public Hearing. This is a request for a Conditional Use Permit, No 03-035, for a martial arts self defense establishment for children in a C- N zone for Karate For Kids by Petra, Incorporated, southeast corner of South Linder Road and West Franklin Road, and it has been asked that we delay that, because there was improper notification of the Public Hearing tonight. Is there anyone here tonight who was here to testify just for that? Okay. I would entertain a motion for the request to have the Public Hearing continued to a later date and allow the city to -- no? Berg: Excuse me, Mr. Mayor. Really, the Public Hearing is void, because they didn't post their property, so we just have to re-notice it and should I say start the re-noticing -- or the noticing process over with the mail outs, the public notice in the paper, and the posting. Try to get this tree legged stool standing again. Corrie: All right. Berg: So, we will just adopt if from there. Meridian City Council Meeting September 2, 2003 Page 36 of 51 Corrie: Just redo and -- okay. Mr. Attorney, do I have to have a vote or anything to do that? Nichols: Mr. Mayor, I think it would be appropriate to go ahead and just vote to reschedule this in accordance with the regular noticing and procedures. Corrie: Okay. Thank you. De Weerd: So moved. Corrie: Do I hear a second? McCandless: Second. Corrie: Okay. All in favor of the motion says aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 16. Public Hearing: PP 03-021 Request for Preliminary Plat approval of 40 Bear building lots and 6 other lots on 13.85 acres in an R-4 zone for Creek No. 8 by Bear Creek, LLC – north of West Victory Road and east of South Stoddard Road: Corrie: Number 16 is a Public Hearing, request for Preliminary Plat approval of 40 building lots and six other lots on 13.85 acres in an R-4 zone for Bear Creek No. 8 by Bear Creek, LLC. North of West Victory Road and east of Stoddard Road and it was requested to have -- by staff to have that -- this continued to October -- or, excuse me, September 9, 2003. Is there anyone here that has -- that wanted to hear Public Hearing on this at this point? You can always come back next Tuesday. If you can't, we'll hear it. All right. Council? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Are you going to open the Public Hearing and, then, we will continue it? Corrie: Yes. I will. I just want to kind of get my ducks in a row here. Okay. I'm going to open the Public Hearing on Item Number 16, PP 03-021. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting September 2, 2003 Page 37 of 51 Bird: I would move that we continue the Public Hearing PP 03-021, the request for Preliminary Plat approval of 40 building lots and six other lots on 13.85 acres in an R-4 zone for Bear Creek No. 8 by Bear Creek, LLC, to September 9, 2003. McCandless: Second. Corrie: Okay. Motion to have the continuance of the Public Hearing until September 9, 2003. Any further comments? All in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 17. Public Hearing: AZ 03-016 Request for annexation and zoning of 80.51 Silverstone Business acres from R-1 to C-G zones for proposed Campus by Sundance Investments – southeast corner of East Overland Road and South Eagle Road: Item 18. Public Hearing: PP 03-018 Request for Preliminary Plat approval of 49 building lots and 2 other lots on 80.51 acres in a proposed C-G zone for Silverstone Campus Subdivision proposed by Sundance Investments – southeast corner of East Overland Road and South Eagle Road: Item 19. Public Hearing: VAR 03-016 Variance Request for a to maximum Silverstone Business Center block length requirements for proposed by Sundance Investments – southeast corner of East Overland Road and South Eagle Road: Corrie: Item Numbers 17, 18, and 19 are all Public Hearings involving Silverstone Business Campus by Sundance Investments. Item Number 17 is a request for annexation and zoning of 80.51 acres from an R-1 to a C-G zone and Item 18, the request for Preliminary Plat approval of 49 building lots and two other lots on 80.51 acres in a proposed C-G zone for Silverstone Campus Subdivision. Item Number 19 is a Variance request 03-016, to minimum block length requirements for the proposed Silverstone Business Center. With hearing no objection from the Council, I would entertain that we can open all three at the same time, hear testimony on all three at the same time. Hearing no objections, I will open the Public Hearing on Item Numbers 17, 18, and 19, and invite staff comments. Powell: Mr. Mayor, Members of the Council, you have had forewarning that this project was coming before you with the request for the fee waiver on the second half of it and that does make this project a little complicated, so I will try and explain what's going on so far. This is immediately east of the existing Silverstone Development as you see it here. It connects -- this is our area of city impact boundary. There is one vacant lot currently on this property -- or intervening between the two as this developmental was approved down here, they did require a half a street at this location. There are no other connections. There was a connection put through on the Silverstone to access this Meridian City Council Meeting September 2, 2003 Page 38 of 51 property. Otherwise, there are no stub streets here or here. There is a wetlands issue that was mitigated with the first Silverstone project in this area and ACHD is a co- applicant application -- or would be on the Final Plat, because they do own a portion of the property interior to the site for drainage. I believe that's that property right there. This is Overland Road. They are proposing two roads to access from there. This is their one stub street that they have got into Silverstone. It comes through and stubs to the vacant property to the east. This is the half road that stubs with the other half road down there that's been in place. These are rather long blocks. They are just shy of a half mile long and that's why you have the Variance request before you to exceed block length. The outstanding features on the site are, again, the wetlands issue, which is in this area here, the large Eight Mile Canal that bisects the property here. This would be the new ACHD storm water site. Instead of being over here, they have relocated it to the interior of the project. I believe they still have some wetlands mitigation going on in this area here. As understand it that goes down to about this area. Getting general nods of agreement from the developer, which I appreciate. Thank you. When this was reviewed for the annexation, zoning, and the Preliminary Plat, we originally thought that this would -- I just want to confess that there is some -- probably some mix up on staff's part in not requiring the PD application when it very first came in. I think we were thinking of the original Silverstone and their PD application. They wanted similar uses on this project and it wasn't until we started reviewing the project that had already been accepted that we realized that those uses were not allowed with the straight C-G zoning. We met with the applicant and we talked about some special use areas, buffering the east side of the property along here. We did acknowledge that some just straight commercial would probably be in this corner. You'd probably see a similar situation on the property developing next to it, so you wouldn't have residential there. This will likely be residential. We wanted some buffering in this Area A and the applicant wanted some flexibility in Area B to have larger uses that -- than what would be accommodated by the C-C zone -- or just the C-G zone. These are their typical elevations. Some -- the businesses that are currently in Silverstone, the first part. When we discovered that we needed the PD application, we did contact them, they did agree to submit it. They asked that we not hold up the Preliminary Plat and the annexation and zoning request and that's why they are not traveling together. We did request they get it into us as soon as possible and they have done that, so we feel we can address the use issues with the Planned Development separate from the platting issues and the annexation issues that are before you tonight. The only tricky part is that because of the long block lengths, although they would normally ask for an exception to those block length maximums through the PD process or they could, because the Preliminary Plat is coming to you before the Planned Development, they did have to do the Variance request. Staff has supported the Variance request. We believe there are natural constraints on the property, those being the limited number of stub streets provided in the original stub Silverstone, as well as down here, and the differing uses between the adjoining property, the residential nature over here, versus the industrial -- or light industrial and office uses as proposed in this area. We also acknowledge the fact that they do have a pedestrian connection along Eight Mile Creek that would serve to break up that block as far as pedestrians go, even though there is not a separate vehicular access. Staff has supported their Variance request. I think I'm going to leave Meridian City Council Meeting September 2, 2003 Page 39 of 51 it there for staff comments and let the applicant's representative talk to you more about the internal development of the site. Corrie: Thank you, Anna. Any questions of Anna at this time? Okay. Is the representative here this evening? Is the testimony you are about to give to the Council the truth, so help you God? Larsen: Yes, it is. Corrie: Name and address, please. Larsen: Cornell Larsen, 210 Murray Street, Garden City. I'm here this evening representing Sundance Investments on this project. We are in concurrence with staff's report and their findings that they have put in the document before you tonight and the only thing we were going to do is ask for a couple of items of consideration on those staff report items. The project itself has been well explained by staff. I'm not sure I can explain too much more to you than that, but we have tried to incorporate a project -- a portion of a project here that was ACHD's retention area. Move it more into the middle of the site and allow the interior roads to also use that retention facility. ACHD has been aware of that request and has agreed to participate in that -- in that move. That's one of the things I'd like to talk about tonight. We are not exactly sure what the size of that lot may become, as the drainage is designed for Overland Road. They are just in the process of doing that, so a couple of things we wanted to talk to you about were on ACHD items and requirements and one would be we'd like to see if you would give us a little flexibility on the size of this facility, so that as the design becomes a little more known and their engineers and our engineers check one another, that we have a little flexibility on the size of that facility for ACHD, so that we don't get them locked into something that doesn't work and have to come back and do some amended plats. The other issues have been access points. When we submitted this originally, we had a couple of streets here, a street there, and a street there, which is Jade and Topaz. We had asked for another curb cut in this area. It was left off of the engineering documentation. As we have gone back and supplemented the drawings when we figured that that was done, we made a request of ACHD to have a curb cut there, there, and a shared one down here, as well as the two roads. The commission had denied that request and had asked us to put one curb cut right here, a street there, and a street there. In addition to that, they also asked us to widen a portion of Overland Road, so it would have a turn lane in the center and a decel lane. It's our intention that that road would be -- or it was their intention that that road was scheduled in 2006 for improvements and so we were a little reluctant to do that. We have been meeting with ACHD to see if we could work an agreement that was done on Eagle Road over here with the W.H. Moore project and the Sundance project that would work across this frontage. In addition to that, we would like to see if you would give us some flexibility to work with ACHD on how we might improve the frontage along Overland Road on both sides. There are some residences on the north that there are some grade issues and some access issues. There is 11, I believe, separate residences there that take access to Overland Road and I think Mr. Mills is here tonight, he might also update or concur Meridian City Council Meeting September 2, 2003 Page 40 of 51 with what I'm saying or add input to this if you desire, but our intent is to try to work with ACHD to see if we can remedy some of those issues that are out there. We have some meetings scheduled next week to try to look at those issues and so our -- I guess our request would be that you -- as opposed to adopting ACHD's report exactly, that you also give us a little flexibility on how we might address the access and the issues along Overland Road and the curb cuts and the street improvements. We, really, wouldn't want to put in two lanes of pavement next year and have to tear it out in two years and I think the highway district is in concurrence with that, if we can figure out how to do some other optional items. In general, that is -- we are in concurrence with staff's report. We have got everything taken care of according to ACHD's, except for how we might handle the frontage on Overland Road. There is also another road that was -- a parcel of ground that was sold right here to Sutherland Farms that comes in and accesses this piece that was rezoned right in here, so there is another access point that would be constructed right there under the old Silverstone project. There would be another access point on Copper Point at that location. Other than that, I would be happy to answer any questions that you might have or -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Cornell, Trevor Robertson from Sutherland Farms had written a letter to you on the 29th of August. Has that been taken care of? Larsen: Yes. He was concerned about a connection right here and I believe we amended our plat to reflect that request, which is this half street right here and I believe the name of it is Knapp. I think that's right. Knapp Street. It does line up with the portion that Sutherland Farms had created here and this was their bridge crossing location on the Ridenbaugh Canal that would also save -- or, excuse me, serve this property here, as well as the Sutherland Farms property there. I think that we have addressed that. I also sent him a copy of this and told him that this was the plat that we had now filed with the city and it would -- had met the conditions of ACHD for this connection as well, so that has been taken care of, I hope. Bird: Thank you. Corrie: Any questions of -- Bird: I have none. Corrie: Thank you. Larsen: Thank you. Corrie: Is there anyone else from the public who wants to testify in favor of the project? Okay. Anyone from the public that would like to testify against? I have here Edward J. Meridian City Council Meeting September 2, 2003 Page 41 of 51 Thomas. Is the testimony you're about to give to the Council the truth, so help you God? Thomas: It is. Corrie: Thank you. Name and address, please. Thomas: Edward J. Thomas. Call me Ted. 3820 East Overland Road, Meridian, Idaho. 83652. Corrie: Okay. Thomas: I am not against the project per se or any aspect of the project. I believe they should have every right to do what they need to do with their property. The original plat showed two access streets. There is no third approach. Over the last several weeks a third approach has been materialized. How that happened is not terribly relevant, but it is there on the Preliminary Plat. I would like the developer to work with ACHD. My good faith expectation was that Jade and Topaz would line up and that there would be no other access points. At the neighborhood meeting, which I was unable to attend, I had called the developer prior to that and asked him to -- some questions about water and stuff and most of my concerns were addressed satisfactorily. At that time they had a total of five access points and whittled it down to two in between Jade and Topaz that they would like to have another one, which is, coincidentally, directly across from my house. I would like them to work with ACHD. We have a safety problem on that road. I am one of the 11 on the north. There are safety problems in that, really, there shouldn't be the 11 on the north, but the houses arrived in '75 and they have been there ever since. Within the space of four hours today there were two wrecks on Overland Road one at Silverstone Phase 1 in their approach and the other east of me a couple of blocks. Traffic is a problem. Accidents are a problem. This is known. Today may be an unusual day, but we had two wrecks in the space of five hours, neither of which caused injury, just property damage. One car was not too badly affected. One car was totaled. I have pictures of one of the wrecks, but I did not get them developed in time. I would like the developer to work with ACHD to mitigate some of these problems and I would encourage the Council to make sure that any further development mitigates these kinds of impacts and minimizes what is already a very funny problem for us. That is all I had. Corrie: Thank you, Mr. Thomas. Any questions? Bird: I have none. Corrie: Okay. Cornell? Questions about working with ACHD and that -- Cornell: Yes. We have discussed with ACHD some of the issues out there. Some of the issues include whether we can shift the road to the south, which requires relocating some power poles. Obviously, there are issues on the north side of the road with grade. Meridian City Council Meeting September 2, 2003 Page 42 of 51 There is some fairly steep grades coming into the residential area right there and we have also been talking with the -- I believe W.H. Pacific is the one that's contracted to do the sign work on that and we have had Pinnacle Engineers talking to them to see if we can make sure all of our approaches and grades coming into the Silverstone side don't cause a problem with the new design features for Overland Road. We will probably try to encourage them to reduce the grade along there, so we don't have such a steep drop off in the residential areas. Those are issues that we haven't had a chance to really sit down to try to discuss with ACHD to come to some resolutions on them, but we are extremely willing to work, as we were on Eagle Road. It took us a little while on Eagle Road, but everybody is -- we are finally seeing that activity happen and I think it will be great for the city and ACHD and the developers there. We are willing to sit down and do that and we have meetings scheduled next week to do that, to see if we can reach some resolutions on those issues. That's why I had asked for some flexibility on the conditions, so that we didn't get locked into them and have to come back and ask you guys to change them. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess my concern to that is as you work out those details, are those public? You know, are those open to comments from the neighbors and that sort of thing? You know, I guess from where we sit, when the details are not ironed out or there are some lingering things, that I feel more comfortable letting them be worked out, than writing them in as a condition, because you at least know that public process has been preserved. Larsen: Mr. Mayor, Councilwoman de Weerd, we have a reconsideration hearing coming up in front of the ACHD commission to see if there is a way that we can come to some resolution on some of the curb cut issues. The access, the width of the road, moving power poles -- there is a whole list of issues that are out there for us that we need to discuss, even as far as constructing the whole roadway section there with curb, gutter, and sidewalk, in an exchange for an impact fee offset agreement or something to that nature. We do have and have requested a reconsideration hearing in front of the ACHD commission, which would be open to the public, as well as we will certainly work with -- with the neighbors, if we know their concerns. We don't have a problem with that at all. We have talked to Mr. Thomas -- I did talk to him today on the phone. We were asked in the staff report from ACHD to position the curb cut across from a certain house and, unfortunately, maybe for him, but it was directly across from his house, they identified 3280 as the -- or 3820 or whatever it was, as the location for that curb cut location and we did show it there on our plat. Now, it could slide one direction or another. There is a power pole here, so we have some flexibility on how we might address some of those concerns that might help the neighbors, but we need to be on same page as ACHD. If you merely adopted the staff report that ACHD has and added a simple sentence that said that we would have the opportunity to work out some of the access and street issues on Overland Road, I think that would help immensely, as well Meridian City Council Meeting September 2, 2003 Page 43 of 51 as the storm retention issues for the pond. We would be bound pretty much by the staff report from ACHD if we can't get the issues worked out. We would be willing to proceed based on their staff report but we think we can do better than that. De Weerd: Well -- and I appreciate that and since there is public noticing, I guess that's one thing. Although, in other applications there is other mitigating conditions that we might place on it. If you place a curb cut that's directly in front of a residence across the street, sometimes developers will help at least shield lights -- car lights or by putting in a tree or, you know, there is different things. I don't think they do that at ACHD, it's generally been done here by the developer in trying to address those neighbor concerns and I guess that's what we would lose. Larsen: I think we could work with staff on that, as well as -- you know, like I said, we are willing to try to do anything we can to help the neighbor's concerns, if we can -- if we shift the driveway over, it doesn't actually meet ACHD's policies to align or offset, but it may work for the neighbor, because he's not directly across from that curb cut. Our intent was to try to be as flexible as we could and to get everybody involved. We did have several of the other neighbors at the neighborhood meeting that have some interest in seeing the road improved and they have given us our names -- or their names and numbers and we have encouraged them to contact the highway district and see if they can get some time to talk to them about the improvements that were scheduled on that road in 2006. We would like to see it moved up as quickly as possible, the improvements to that street. I think if they just get improved the way the highway district has it currently envisioned, a lot of their -- lot of -- they are going to have a lot more issues than would be currently there if we worked it out. We'll figure out a way to work it out with everybody, try to minimize some of those impacts, because ACHD would just be on a straight line across the front of their yard and if we can figure out a way to offset it or change it or make it better, then, we'd like that opportunity. Corrie: Cornell, I'm a little dense sometimes, but you have two now -- entrances; right? Larsen: We have three entry points approved from the highway district right now. Corrie: Okay. It would be the -- I don't remember which one is which, but it would be Jade and Topaz and, then, the one that's right there. This is the one that is of concern to Mr. Thomas, because it's directly across from his driveway and that was our requirement was to align with the driveway on the north at that address and that's how we positioned it when we put that plat together. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Cornell, that's just a curb cut, though, into that front row of -- Cornell: Yes. It's not a street approach, it's a -- Meridian City Council Meeting September 2, 2003 Page 44 of 51 Bird: It's not a street. Cornell: It's just a curb cut approach. Corrie: Okay. Cornell: Yes. Corrie: Mr. Nichols, did you have -- Nichols: Mr. Mayor, a couple questions. Mr. Larsen, have you received a date for that reconsideration hearing? Larsen: Let me ask Mr. Mills, but I do not believe that we have. No. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, the second issue on the storm water retention area, are you asking to change the dimensions of the lot? Larsen: Mr. Mayor, Mr. Nichols, I think that we might need that flexibility as we get farther into the design, but it may be something we could do a lot line adjustment on or modify it. We probably would start the Final Platting procedure and we would work with ACHD's engineers on trying to determine the exact size for that facility and there has been quite a bit of work done on it when it was over on the other site. We think we have that pretty well under control, but it would be nice if we had a little flexibility on the size of it. Nichols: And, Mr. Mayor? Mr. Larsen, would the storm water retention pond be landscaped like the other -- Larsen: Mr. Mayor, Mr. Nichols, yes, our intent was to provide landscaping around that and it was the developer's intent to maintain and take care of that. They have one -- a similar one in one of their projects up at Black Eagle that they have grassed and the bottom of it retains some sand, some -- what do I want to call it, wetlands type of vegetation. In general, they do mow, maintain, and take care of that ACHD facility, they would do the same here, and we have talked to staff and to the Parks Department about that that would our intent. Nichols: Okay. Thank you. Powell: Mr. Mayor? Meridian City Council Meeting September 2, 2003 Page 45 of 51 Corrie: Anna. Powell: I neglected to address one other issue, so while Cornell is up there, I will bring it up. At the ACHD hearing Commissioner Eastlake, I believe, brought up the point that our Comprehensive Plan does call for collector roads on the half-mile. This is a half mile section line right there, so this road would approximate that collector system. Her main concern was that the current street section does not show a bike lane. Planning and Zoning -- this issue was brought up to them, it did not become a discussion item, and so we still don't have direction on whether or not a bike lane would be appropriate. Since this project appears to be going back to ACHD for review, now would be a good time to chime in on whether or not a bike lane would be appropriate along that road. Larsen: Mr. Mayor, if I might address that just a little bit. When we looked at the Comprehensive Plan, this boundary was pretty much the boundary for the mixed-use project under the Comprehensive Plan. This area over here was scheduled for residential. At some point in time this road would extend and could go either way and it seemed like to us that it would be more appropriate to have the bike lane in the residential zone, than in the commercial zone, and that was our reason for doing it as a commercial -- local commercial street, as opposed to a collector section. Corrie: Any other questions? Okay. All right. Thank you. Larsen: Thank you. Corrie: Council, any discussion? Any questions on the Public Hearing? Silence is golden here, so I will entertain a motion, then, to close the Public Hearing. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd move that we close the Public Hearings for AZ 03-016, the annexation and zoning of 80.51 acres from R-1 to C-G zones for the proposed Silverstone Business Campus. Also Public Hearing PP 03-018, the request for Preliminary Plat approval of 49 building lot and two other lots on 80.51 acres in a proposed C-G zone for proposed Silverstone Campus Subdivision. Also Public Hearing for VAR 03-016, the request for Variance to maximum block length requirements for proposed Silverstone Business Park by Sundance Investments, southeast corner of East Overland Road and South Eagle Road. Corrie: Okay. I have a motion to close the Public Hearing on the three items. Is there a second to that? Nary: Second. Meridian City Council Meeting September 2, 2003 Page 46 of 51 Corrie: A second has been made. Any further discussion? All in favor of the Public Hearing, closes say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Okay. Comments? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I'd only have one comment and I'm not really sure that there is any particular thing, other than a comment that's being sought on the bike lane issue. I think that's -- is that right? Yes. I mean I guess I'm not necessarily a big bike lane advocate, but I do think people need to think of bike lanes as more than just residential conveniences. Anybody that's ever been on the greenbelt between about 6:30 in the morning and about 8:30 in the morning would know that lots of people ride bikes to businesses and so, certainly, there are businesses in Silverstone that I think can be conducive to alternate transportation, can be supportive of alternate transportation and so the highway district feels that bike lanes are appropriate in this business park. I think they can be used. Whether that's the only bike lane in that area, that's up to them, but I certainly think that there are many alternatives to getting people around here. I think even within about a mile and a half of this site there is a park and ride lot, so you could even have people that drive to that park and ride lot to park and can ride their bikes into this area, eventually, when the roadway is improved. I just there is -- probably needs to be some thought as to how that can be done. I recognize that in residential areas it's probably a great convenience as well, but I think in business parks they certainly can be useful as well, but -- for what that's worth. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Hearing no more comments, so not to sit here. I move that we approve AZ 03- 016, request for annexation and zoning of 80.51 acres from R-1 to C-G zones for the proposed Silverstone Business Campus by Sundance Investments and incorporate staff, applicant, public testimony, and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Meridian City Council Meeting September 2, 2003 Page 47 of 51 Nichols: Mr. Mayor, maybe perhaps it's not in the annexation and zoning, it might be in the Preliminary Plat one, but you need to specifically address the issue of the ACHD comments and the incorporation of those comments, because, typically, we do incorporate them into the -- into the findings. We -- if there are any issues with which you want the applicant to have flexibility or, to play the Devil's advocate, to be at the mercy of the ACHD's decision makers on some point or in some fashion, then, you need so specify in the motion. Corrie: Mr. Counselor, do you want that in the preliminary or annexation? Bird: I was going to say. I think that would be the preliminary, wouldn't it? Nichols: Well, Mr. Mayor, Members of the Council, again, we usually -- ACHD has comments that they submit in connection with the annexation application as well and we -- so, to the extent that they deal with drainage, bike lanes, or curb cuts on Overland, I'd ask you to specifically tell us how you want those to be done. Bird: Discussion, Mr. Mayor. I don't -- in the annexation and zoning, I had planned, if I had made the motion on the Preliminary Plat, to have that in and -- on that kind stuff on that, but annex and zoning -- annexation and zoning, I don't -- would you -- you wouldn't want to add that in as conditions on that, would you? Corrie: You could. ACHD comments into to, I guess. Bird: Well, you can do ACHD comments, but I am -- I'm one that -- and the previous Council that I sat on was the same way, is, yes, bike lanes are nice in certain areas, but I don't think Overland Road or Pine Street or some of these are the ideal place to put a bike lane. I think they are more dangerous than they are safe. We had a couple of commissioners on there that disagreed, but, you know, I -- so I think bike lanes are very nice if they are in the right place. Sure, the greenbelt is an ideal place to ride bicycles. I have done it a hundred -- you know, put a lot of miles on down there, but riding down Pine or Overland Road, I'd prefer not to be on a bicycle. So -- but I don't know what that has to do within annexation and zoning. I really don't -- Corrie: It's your motion. Bird: I would change my motion, if the second would agree, that any comments from ACHD regarding annexation and zoning be incorporated also. McCandless: Second agrees. Corrie: Okay. Does that seem reasonable, counselor? Nichols: Mr. Mayor, Members of the Council, just to make sure I understand -- Meridian City Council Meeting September 2, 2003 Page 48 of 51 Corrie: Okay. All right. Nichols: If I understand correctly, the motion and the second indicate that if any of the conditions of the ACHD approval of the annexation and zoning, if there are some, if those change, that you accommodate those changes; is that correct? Bird: I agree. Corrie: All right. Thank you. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I have got a question for counsel. Don't we have to do the Variance before we do the Preliminary Plat, because if we don't approve the Variance, the Preliminary Plat will be no good? Nichols: Yes. Bird: Okay so, do you want me to go ahead -- Corrie: VAR 03-016. Variance. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the VAR 03-016, request for a Variance to maximum block length requirements for the proposed Silverstone Business Center by Sundance Investments. Southeast corner of East Overland Road and South Eagle Road, to incorporate staff, applicant comments, also incorporate ACHD's, with the exception of requiring bike lanes on those two roads, and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting September 2, 2003 Page 49 of 51 Corrie: Okay. Motion approved. MOTION CARRIED: ALL AYES Bird: Now, here is the -- Corrie: Okay. Now here comes the big one. Bird: Here is the one and then, if I -- help me out, Council, if I get off base. Corrie: Well, we keep you on the straight and narrow. Bird: I move that we approve PP 03-018, request for Preliminary Plat approval of 49 building lots and two other lots on 80.51 acres in a proposed C-G zone for the proposed Silverstone Campus Subdivision by Sundance Investments. Southeast corner of East Overland Road and South Eagle Road, with staff, applicant's, public testimony incorporated, ACHD comments incorporated, with allowing the applicant to work with ACHD regarding curb cuts, the exact size of the drainage deal, and to work in conjunction with our staff on those Variances. Also for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Have I left anything out? McCandless: Second. Corrie: I believe that Mrs. McCandless thinks you did an excellent job. Bird: Okay. Mr. Nary, did I leave anything out that you could think of? Nary: No. I think you got it. De Weerd: Mr. Mayor? Corrie: Further discussion? De Weerd: Just if you can give staff flexibility, as Mr. Cornell had mentioned, that if there needed to be some work done with the neighbors to mitigate where the curb cut is, that they can work with our staff. Bird: I put the staff in there. They are, actually, working with ACHD, is who will determine that and that's what they are having a meeting for. De Weerd: That's as far as the curb cuts go, but if they do it across -- Bird: They can work with our staff. You bet. Meridian City Council Meeting September 2, 2003 Page 50 of 51 De Weerd: Yes. Bird: That's what my motion said. De Weerd: Okay. Corrie: Okay. Any further discussion? Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Item 20. Ordinance No. : Annual Appropriation of 2003 / 2004 Fiscal Year Budget: Corrie: Thank you. That wasn't too complicated there, coach. You did a good job. All right. Last is Ordinance Number 03-1041, the Annual Appropriation of 2003/2004 Fiscal Year Budget. At this time I'd like to have the City Clerk read Ordinance 03-1041 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1041, an ordinance providing for the adoption of a budget and the appropriation of expenditures of funds of money to defray the necessary expenses and liabilities of the City of Meridian in accordance with the object and purposes and in certain amounts herein specified for the fiscal year beginning October 1, 2003, and ending on September 30, 2004, to provide for the waiving of the second and third readings pursuant to the Idaho Code 50-902 and providing an effective date and the filing of a certified copy of this ordinance with the Secretary of State. Corrie: Thank you. Is there anyone from the public that would like to have Ordinance No. 03-1041 read in its entirety? Hearing none, I will entertain a motion on the ordinance. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance 03-1041, the Annual Appropriation of 2003- 2004 Fiscal Year Budget with suspension of rules. Bird: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved for the order. Meridian City Council Meeting September 2, 2003 Page 51 of 51 MOTION CARRIED: ALL AYES Corrie: That wraps this up on the agenda. I would like to request Council, if they would like to come by my office between now and next Tuesday, I'd like to talk to you. I may th not be here the 16 meeting. One of our employees is getting a special award, which is -- I can't discuss it here, but I would like to talk to you, so that you know about it. With that being said, I will entertain a motion to close the City Council meeting, if you so desire. De Weerd: So moved. Bird: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing. All in favor say aye. Opposed no. All ayes. MOTION CARRIED: ALL AYES Corrie: At 9:40. MEETING ADJOURNED AT 9:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK