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HomeMy WebLinkAbout2003 05-27 Meridian City Council Meeting May 27, 2003 The Regular Meeting of the Meridian City Council was called to order at 7:15 P.M., on Tuesday, May 27, 2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, William Nary, Tammy de Weerd, Cherie McCandless, and Keith Bird. Others Present: William Nichols, Brad Watson, Brad Hawkins-Clark, Anna Powell, Dean Willis, and Will Berg Item 1. Roll call Attendance: __X Tammy de Weerd _ X__ Bill Nary __X Cherie McCandless __X Keith Bird ___X__ Mayor Robert Corrie Corrie: I will open the Meridian City Council Regular Meeting Agenda, Tuesday, May 27, 2003, at 7:15 P.M. in the City Council Chambers. We'd like to have roll call attendance, please. Item 2. Adoption of the Agenda: Corrie: All right. Item Number 2 is adoption of the agenda. Are there additions or corrections to the agenda? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approved the agenda as presented. Bird: Second. Corrie: Okay. Motion to adopt agenda as presented and seconded, any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. April 22, 2003 Approve minutes of Pre-Council meeting: B. May 13, 2003 Approve minutes of City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: CUP 03-010 Request for a Conditional Use Permit to obtain a Dealers License and sell quality used cars and trucks in an I-L zone for Meridian City Council Meeting May 27, 2003 Page 2 of 66 Finish Line Automotive by Lyle Lee Kallenberger – 44 Northwest th 10 Street: D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 005 Request for annexation and zoning of 61.33 acres from RUT Verona Subdivision and C-G zones to an R-8 zone for proposed by Primeland Development, LLP – northeast corner of West McMillan Road and North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 003 Request for Preliminary Plat approval of 172 building lots and 16 other lots on 61.69 acres in a proposed R-8 zone for proposed Verona Subdivision by Primeland Development, LLP – northeast corner of West McMillan Road and North Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-007 Request for a Conditional Use Permit for a Planned Development for 146 detached single-family dwellings, 20 townhomes, 6 office lots, 6 shared driveway lots, 16 open space lots, including addition to community park in a proposed R-8 zone Verona Subdivision for proposed by Primeland Development, LLP – northeast corner of West McMillan Road and North Ten Mile Road: G. First Addendum to Development Agreement: MI 03-003 First Fairview Lakes Addendum to the Development Agreement for by Fairview Lakes, LLC – 824 East Fairview Avenue: H. Finance Report: Corrie: Number 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we accept the Consent Agenda -- the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. De Weerd: Second. Corrie: Okay. Motion has been made and seconded, any further discussion? Roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. Meridian City Council Meeting May 27, 2003 Page 3 of 66 MOTION CARRIED: ALL AYES Item 4. Department Reports: A. Planning and Zoning Department: 1. Discussion of Request from Farwest LLC for Return of Road Trust Fund Deposits (Pedestrian Bridges in Thousand Springs Subdivision): Corrie: Welcome everybody here this evening and we will get on here with the Department Reports Planning and Zoning Department. Hawkins-Clark: Good evening, Mayor, Members of the Council. You should have st received a memo from myself, dated May 21, entitled ACHD Request for Release of Road Trust Fund Deposits. Essentially, the issue is that the Ada County Highway District has requested formal city comments on the request that they received from the developer of Thousand Springs Subdivision. For, what, about five years now, I guess, they have been holding approximately 33,000 dollars in their right-of-way trust fund account for a couple of pedestrian bridges that were originally a part of the Preliminary Plat for Thousand Springs and Sherbrooke Hollows. The city required two of those as well of the Thousand Springs developer, Marty Goldsmith. The city did not make the same condition on Sherbrooke Hollows Subdivision for the other half of the bridge to cross the Ridenbaugh. I think, basically, what I have outlined here in the memo on the second page, there are three different options for the Council and Mayor to consider here. Probably, frankly, after talking with ACHD staff and the amount of staff time that it would take, Anna and I did discuss it briefly, and the Ada County Highway District feels that it would be a pretty significant time commitment on our behalf to work with the irrigation district to get the ped bridges done. As you could see on the bottom of the page, they are estimating a cost of about 80,000 dollars for just one of the bridges. The trust fund account has 31,500 dollars for the southern bridge in Thousand Springs, so it's, you know, right around 40 percent of the estimated cost. That would – that is unknown as to where the balance would come from at this point in order to get the connection. Certainly, the connection is important from the standpoint of getting to the new Kiwanis Park getting some kids back and forth to the new high school, which is in that same section as Thousand Springs, as you know. I think at this point it's a decision that staff is looking to Council and Mayor for direction. Unless you have any other questions, I think I have presented most everything in the memo there. Corrie: Thank you, Brad. Comments? Discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Yes. A outlines a meeting with the homeowners and getting their input before we really proceed. I think that's probably the most logical step in finding out, from their perspective, you know, did they buy with the anticipation that they would have Meridian City Council Meeting May 27, 2003 Page 4 of 66 that connection, you know, is it going to be necessary to them -- of course, in our Comp Plan. What we try to do is encourage the connectivity and, certainly, this -- what we are asking is consistent with our policies and planning documents, but I think the first step is very logical to go to the homeowners association and seek their input. Corrie: Any other comments? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I would concur. At least that gives us a better idea of what the residents in the area want. I certainly don't want to tie up the subdivision over a bridge that just doesn't seem to work very well in this area. I think it's something that we -- I think it's something that's probably the easiest thing for us to at least address first is what the residents in that area's expectations are, because we may find that they also agree with Nampa-Meridian Irrigation District that we don't need it, that it isn't necessary. There is adequate connectivity and staff can make that analysis as well as to whether or not that really is probably the best thing is to simply eliminate that entirely, but I think we really want to find out what the folks there expect first before we do that. Corrie: Okay. Powell: Mr. Mayor, Members of the Council, would you like us to do that before you have -- invite them to come to you or just to talk to them as staff and, then, come and bring those results to you? Corrie: I think staff would be fine. Powell: Okay. Just wanted to clarify. Thank you. Item 5. (Items Moved from Consent Agenda) Corrie: Okay. Item Number 5 is items moved from the Consent Agenda. There are none. Item 6. Resolution No. : Accepting Community Planning Association of Southwest Idaho Report Number 1-2002: Corrie: So, we will move to Item Number 6, which is Resolution Number 03-403, accepting Community Planning Association of Southwest Idaho Report Number 1-2002. Do you have that resolution? Mr. Berg. Berg: I'm sorry, Mr. Mayor. Yes. Members of the Council, Mayor, Resolution 03-403, A resolution of the Mayor and City Council of the City of Meridian to provide for findings and to establish acceptance of the Community Planning Association of Southwest Idaho Report Number 1-2002, by Washington Intra-Structure Services, Inc., as a planning document for the City of Meridian and providing an effective date. Meridian City Council Meeting May 27, 2003 Page 5 of 66 Corrie: Okay. You have heard the Resolution Number 03-403, council, further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I know we have received this report a week or two ago or longer, but I guess I hadn't seen anything from the planning staff saying they have reviewed the report and it's not inconsistent with our Comprehensive Plan. I guess I don't protest or pretend to have read every page in this document, so I can't tell you if it is consistent, but I would think we could approve it unless there are inconsistencies. Is that -- has that been reviewed? Powell: I was not aware of its existence until I read the full agenda today, so, no, I have not read that. Nary: I mean it probably is fine, I mean, but I guess my only -- you know, if there is something, that we at least need to be aware of that differs from what our intentions are, I guess we need to know that, but I don't know if we have to wait, I guess. Powell: If you'd like to wait, I can certainly review it and have it for you for next week. Bird: That would be my preference. Corrie: Okay so, we will put that on this next Tuesday? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we take Resolution Number 03 -- it would be the normal number -- accepting -- the resolution accepting the Community Planning Association of Southwest Idaho Report Number 01-2002 and table it to June 3, 2003. De Weerd: Second. Corrie: Okay. Motion. There is a second on that? De Weerd: I did. Corrie: Okay. Good. Okay. All in favor say aye? All ayes. Motion carried. It is tabled rd until the June 3 meeting. MOTION CARRIED: ALL AYES Meridian City Council Meeting May 27, 2003 Page 6 of 66 Item 7. Resolution No. : Adopting Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Project: Corrie: Resolution Number 03-403, then, will be adopting a Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Project. Mr. Clerk. Berg: Thank you, Mr. Mayor, Members of the Council. Resolution Number 03-403, a resolution of the Mayor and City Council of the City of Meridian to provide for findings and to establish Sewer and Waterline Easement Acquisition Policies for the Black Cat Sewer Trunk Project for the City of Meridian and providing an effective date. Corrie: Okay, Resolution Number 03-403. Discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: If we don't have any discussion, I would move we approve Resolution Number 03- 403, the adoption of a Sewer Easement Acquisition Policy for Black Cat Trunk Sewer Line Project with suspension of rules. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to adopt and approve Resolution Number 03-403, any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I know this is the policy we had on last week -- Brad, is that right? It's just not attached to this resolution, at least what we have on the computer. Hawkins-Clark: Councilman Nary, Mayor and Council Members, we haven't changed it since last week. Nary: Oh. Hawkins-Clark: I didn't submit a new one, because it hadn't changed. Nary: Okay. Great. It's just because it says the document is attached and it's not here, so I just wanted to make sure it's the same one. Great. Corrie: Any further discussion? Okay. Vote on Resolution Number 03-403, all in favor? Or roll call. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting May 27, 2003 Page 7 of 66 Corrie: All ayes. Approved. MOTION CARRIED: ALL AYES Item 8. Resolution No. : Imposing a Moratorium on Solid Waste Franchises: Corrie: Item Number 8 is Resolution Number 03-404, proposing a Moratorium on the Solid Waste Franchises. Mr. Clerk. Berg: Thank you, Mr. Mayor, Members of the Council. Resolution Number 03-404, a Resolution of the Mayor and City Council of the City of Meridian to provide for findings and to establish a moratorium until September 1, 2003, for the issuing of any new franchises and providing an effective date. Corrie: Okay, council, any discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: In just reading the document and the title, this prohibits the granting of any st franchises until September 1, which I don't know that we are really planning on doing that, but in the body of the document section it only identifies solid waste franchises, which is what we have been talking about. I wondered if it would be better to what's going to be published that we amend it to either reflect solid waste franchises or delete it out of the text. Mr. Nichols, do you think it matters one way or the other? Nichols: Mr. Mayor, Members of the Council, I agree with Councilman Nary, we should insert the words solid waste between the word new and between franchises in the third line of the title. Nary: Great. Thank you. Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval, then, of Resolution Number 03-404, with the following amendment of the title to include the words solid waste between new franchises in the title and the remainder of the text to remain the same. McCandless: Second. Corrie: Okay. Motion is made and seconded, any further discussion? Roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is carried on the resolution with the change. Meridian City Council Meeting May 27, 2003 Page 8 of 66 MOTION CARRIED: ALL AYES Item 9. Ordinance No. : Findings of Fact and Conclusions of Law for Approval: AZ 03-003 Request for annexation and zoning of 14.31 acres from RUT to R-8 zones for proposed Timberfalls Subdivision by Dan Wood – south of East Ustick Road and west of North Locust Grove Road: Corrie: Item Number 9 is an Ordinance Number 03-1026. This is Findings of Facts and Conclusions -- correct. Okay. Not used to saying Findings of Facts and Conclusions of Law for approval of request for annexation and zoning from RUT to R-8 zone for proposed Timberfalls Subdivision by Dan Wood. Mr. Clerk, would you read Ordinance Number 03-1026 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1026, an Ordinance finding that Wanda Stewart, the owner of certain real property generally located on the south side of Ustick Road, approximately one half mile west of Locust Grove Road, Meridian, to be shown as Timberfalls Subdivision which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, having made a request for annexation in writing to the Council and the 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 to 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. You have heard the reading of Ordinance Number 03-1026. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, I will entertain a motion, then, on the Ordinance 03-1026. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance 03-1026, Findings of Facts and Conclusions of Law for approval of AZ 03-003, with suspension of rules. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance 03-1026, any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, yea; Bird, yea. Meridian City Council Meeting May 27, 2003 Page 9 of 66 Corrie: Okay. All ayes. Ordinance Number 03-1026 is approved. MOTION CARRIED: ALL AYES Item 10. FP 03-025 Request for Final Plat approval of 4 building lots on 5.76 Krispy Kremes Subdivision acres in an I-L zone for by Clark Development – west of North Eagle Road and south of East Fairview Avenue: Corrie: Item Number 10. This is a request for Final Plat approval of four building lots on 5.76 acres in an I-L zone by Krispy Kremes Subdivision by Clark Development, west of North Eagle Road and south of East Fairview Avenue, council, discussion? Oh, I'm sorry. Brad. Hawkins-Clark: Mayor, Members of the Council, the Krispy Kreme Final Plat before you is the first phase of what was a Preliminary Plat called Treasure Valley Subdivision No. 3 and the four lot -- it's a commercial subdivision, four lots, Fairview Avenue on the north and Eagle Road on the east. The access primarily would be taken internally through an existing -- Florence, I believe, is the street off of Eagle Road. ITD did grant a right in, right-out access for the Krispy Kreme lot. The Final Plat is in substantial compliance with the preliminary flat, and the perimeter landscaping on Fairview and Eagle will be done by this developer. The internal landscaping is going to be on a review at the time of development in terms of -- on the local commercial street and internally on the parking lot, et cetera. I think other than that, we have submitted 16 recommended conditions for the Final Plat and we ask you to incorporate those in your motion. Corrie: Thank you, Brad. Council, comments? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, I take from this Final Plat, then, they have never approved that extra driveway that was closer to the corner, it's now all on Florence? That's on Eagle Road. Hawkins-Clark: Councilman Nary, are you referring to the right in, right-out onto Eagle? Nary: I guess don't -- is that there? Hawkins-Clark: No, it's not. It's not. The Final Plats don't show driveways. What you're seeing there are our cross-access easements, as well as the public utility easements, but driveways themselves are not shown on the face of the Final Plat, so -- but they have been granted, to my understanding, is still through ITD that they access, so it's just not shown graphically. Nary: Okay. Meridian City Council Meeting May 27, 2003 Page 10 of 66 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So, the access on Florence would be full access and not restricted? Hawkins-Clark: Correct. Corrie: Any other discussion? Bird: I have none. Corrie: Okay. Then, I will entertain a motion for the Final Plat approval. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would like to hear from the applicant if all the conditions were acceptable. McHutchison: my name is Stan McHutchison, I’m with Briggs Engineering, 1800 West Overland, I have read the memo by Dave McKinnon, and Bruce Freckleton and we have met or are in compliance with all the conditions. If you have any other questions, I will be happy to address anything that I can. Corrie: Okay. McHutchinson: Thank you. Corrie: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of four building lots on 5.76 acres in an I-L zone for Krispy Kremes Subdivision and ask the attorney to draw up Findings of Facts and Conclusions Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for Final Plat approval, any further discussion? Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting May 27, 2003 Page 11 of 66 Corrie: All ayes. Motion approved. MOTION CARRIED: ALL AYES Item 11. FP 03-026 Request for Final Plat approval of 19 building lots and 2 other Scottsdale Villas Subdivision No. 1 lots on 3.1 acres in a R-15 zone for and No. 2 by Pinnacle Engineers, Inc. – south of Franklin Road on S.W. th 8 Street and Alden Street: Corrie: Item Number 11 is a request for Final Plat approval of 19 building lots and two other lots on 3.1 acres in an R-15 zone for Scottsdale Villas Subdivision No. 1 and No. 2 by Pinnacle Engineers, Inc. Staff comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. This Final Plat that is coming through was originally on a two phase Preliminary Plat, but they have submitted the Final Plat that has both phases combined, so you are seeing this entire subdivision - - or, actually, it's a re-subdivision before you tonight. The name is Scottsdale Villas Subdivision. It is seeking 19 building lots and two common lots. It's 3.1 acres. The location is on the south side of west -- or, I'm sorry, east -- yes, it is West Franklin Road. th Southwest 5 Avenue is the local street that connects. There is an existing day care here at the entrance on the west side and on the east side is the Farm Bureau building that's currently there today. South of those two lots you have the balance of what they are proposing, which is a residential subdivision. The Preliminary Plat and the Conditional Use Permit were approved by you in February of this year. They do have two different housing types here along the east side -- I'm sorry, the west side south of the day care. They have a series of detached housing and, then, on the east they have attached housing. Their common areas are joint open space and drainage as presented in the Preliminary Plat. The project is designated as a 55 and older senior housing project, has about 6.1 dwelling units to the acre. You may recall that there was a two story apartment complex proposed in this area originally, which was denied. They have come back and they are single level, so I think other than that, we have submitted our recommended conditions and I guess that's all staff has on that. Corrie: Thank you, Brad. Is the representative here today? Boyle: Mayor and City Council Members, Clint Boyle, actually, with Landmark Engineering and Planning, 104 9th Avenue South in Nampa. As life goes on, we move on to different enterprises and I had the opportunity to form a new business with another partner of mine, so I'm here under their auspices. Brenda Wolfe, the owner of the property, is here as well. I'm here representing the Wolfe’s on this project. Again, we agree with the staff comments in the staff report as outlined and didn't have any major concerns with them. Again, just an item of note, we will be proposing to utilize various commercial services that were stubbed under the original plat for the residential service lines and I believe that the Public Works Department is familiar with that. With that, I would stand for any questions. Thanks. Corrie: Any other questions? Meridian City Council Meeting May 27, 2003 Page 12 of 66 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Boyle, those two green spaces that are on both ends of that path -- or I guess one is on a path one is on the opposite side, those are still, I guess somewhat enhanced, they are not just drainage right? There was some enhancement, I think, they put there? Boyle: Mayor and Council Member Nary, that's correct. And, actually, I'm glad you brought that up. Since our discussion at the last City Council meeting, we have, actually, incorporated those, so they are strictly open space lots now, they will not, actually, contain any drainage, so they are just going to be enhanced open space areas without the depression from the drainage and the way we were able to facilitate that is all of the street drainage and driveways is already going to drain into an existing seepage bed that's in the road. We have worked that out with ACHD. They already designed a seepage bed to handle that. Essentially, all the leftover drainage is going to be a little bit off the roof tops and the builder is going to incorporate whatever may be needed, which is going to be a very minor amount, and just make sure it's retained on each individual lot. Those will, actually, be just dedicated common areas with landscaping and pathway around them. Nary: Great. Thank you. Corrie: Okay, any further questions? Watson: Mr. Mayor? Corrie: Yes. Watson: I do need to respond to Clint's comment as subject to staff's comments. I was hoping we wouldn't waste Council's time with this, but we have been batting this back and forth for I think a couple of months now and as Brad Hawkins-Clark pointed out, this was a commercial subdivision originally with eight inch mains stubbed into each of the eight lots. Now, we have a multitude of additional lots. Those aren't normally stubbed into a residential lot they are eight-inch mains that hold quite a bit of water. Any other subdivision we would require that those be abandoned at the main and new single residential services stubbed into those properties. When this project first came forward or was discussed at Planning and Zoning, the indication was that abandoning those would be extremely expensive, because that street is under moratorium, because it was recently constructed. In the interim, we have learned that they are going to overlay the whole street anyway, so our recommendation a couple weeks ago meeting with the engineer was to go ahead, abandon those, and do it correctly. I think we are at an impasse here. I was hoping not to involve the Council in this decision. Engineering wise my recommendation is to do this right and abandon all those commercial services and do it as a new residential subdivision. There may be one or two of these that could be utilized. They did provide me with an estimated cost for this work and it is a little bit under 7,000 dollars. I have given you my recommendation and it's contrary to what Meridian City Council Meeting May 27, 2003 Page 13 of 66 Clint is asking as an exception to staff comments. I will be happy to answer any questions on that issue if you have any. Corrie: Council, discussion? Boyle: Mayor? Corrie: Go ahead. Boyle: May I respond back just for a moment here and just discuss the history on that a little bit. Originally, this was a commercial subdivision that was how it was proposed originally, so it does have the commercial service lines stubbed to it. As Brad indicated, initially, there was some agreement, I believe, that we could utilize those commercial stubs and that was somewhat under the auspices that the street would be limited as far as the number of cuts, because it is the under five year rule with ACHD. With the proposal that the developer is proposing now, they could still go in and do the cuts as initially planned, which requires a 20 foot wide patch on the street for the few instances where they did have to stub out some additional lines. What they have done is after receiving the construction contract bids, the price for running those stubs in the few instances that they need to run those out to the lots and doing a 20 foot patch back on each one of those stubs, versus the price of doing the same thing. Instead of doing a 20 foot patch back, just overlaying the existing asphalt, so they are not proposing to tear up any new asphalt or anything, they just want to make this a nice, clean street section without having those patches. Again, they are not proposing to tear up the street for each individual lot service, they proposing simply to stick with the initial plan and there would be some -- a few cuts for those service lines that can't be served off the commercial uses. Then, just take the entire street and overlaying the existing asphalt across those areas where they actually did the cuts. Instead of just doing a 20-foot patch in certain areas on the street, they are proposing to just go through and just -- after they do those cuts overlay the entire street. They were willing to do that, just to make it a cleaner project and since that time we have had the discussions with Public Works. That's, I guess, why we are now at an impasse, because -- with them, because now they feel like we should go in and cut all of the services in the street and, then, go in and re-overlay. Again, you know, with that said, the developer is trying to make this nicer by overlaying the entire project and we go back to square one, which I think they would certainly rather go back to, than having to provide all of the individual services and not being able to utilize any of the existing. I think the developer would much rather go back to the initial agreement, which was that we would be doing several cuts and, then, just providing a 20 foot wide patch back on those cuts. That's, I guess, where we are at now and it sounds like we need some clarification from Council on that. Again, that's the position the developer would like to have on that. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting May 27, 2003 Page 14 of 66 Nary: Mr. Boyle, the 7,000 dollars, then, is that -- that Mr. Watson just said, that was an additional cost for doing all of that? That's not what you're already intending to pay, that's in addition to do all of this as the Public Works Department -- Boyle: Right. Nary: Okay. Boyle: Right. The overlay that they are proposing, if they complete the overlay of the street -- and I'm talking in round numbers here -- was roughly 3,000 dollars more than if they just did the 20 foot wide patch. The developer said we are going to spend that money, we will overlay the entire road right on top of the existing asphalt and still do the overlay, and so it's a nice, clean street through the entire subdivision. Then, I believe, if I'm not mistake -- and Brad can correct me -- that the 7,000 would be the additional expense for running individual services to every single lot and not utilizing the commercial services that are there. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, I guess I agree that we should do it right, but, you know, with the additional cost, what is the down side if we do it the way that was originally negotiated or suggested? Watson: Council Member de Weerd, Mayor and Council Members, the down side to having the commercial water service feeding a single residential unit or even a duplex is that you have an eight inch main -- a relatively long length of eight inch main where the water just sits there, if there is a not high enough use and it stagnates, it leaves deposits of naturally occurring sediments in the water. If you have a single three-quarter inch or one inch service coming off a main and that main is continually flushing, you know, through the neighborhoods. It doesn't take much to get that water moving through there and freshened up after every wash cycle or toilet flush or something like that. I can't guarantee that there would be a water quality problem, but that's -- those are the standard specifications that we have had drawn up and approved to prevent those kind of problems. Corrie: The ball is in your court now. Boyle: Again, Mayor and City Council Members, you know, I guess it is back and forth between engineers and the engineer that's worked on this project, Ron Carpenter he's of the impression that it won't be a water quality problem. I guess it all stems back to, again, the original agreement that we have on this was that we would be able to utilize the commercial services that were there for this residential. We have -- you know, typically, most of them are going to have dual meters off of those commercial services, so there will be a couple of units using them, I believe, in a lot of those instances, anyway. I guess where we are at now is, unfortunately, now that the developer has proposed to overlay the entire project, now, all of a sudden, we are back in front of you Meridian City Council Meeting May 27, 2003 Page 15 of 66 on individual service lines and I guess now in hindsight had we known that we would have just stuck with the 20 foot patch back on those extensions and be done with it. Certainly, I guess, the developer feels like they are getting caught in somewhat of a quandary here where by trying to create a nicer development overlaying those existing lines, now, all of a sudden, they are faced with some additional expense running those service lines. You know, just a note from the staff report now, the water department and sewer department had no comment as far as the Final Plat I noticed in here. I don't know how extensive they have reviewed that and it may have just been Brad on a suggestion on the water quality, but I do know that they didn't have any comments on the plat. Corrie: What if we are right and you're wrong and we get complaints from the people, then, where are we? De Weerd: This is public health. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: You know, I like to help the developers the best we can, but they come in, put in, was going to do a commercial development. Then, put in all the lines and everything and, then, we go to residential and Brad brings up a very, very good point that there is no guaranteeing that it will stagnate or do anything to the water quality. It's also there is guarantee that it won't and once you have that problem, then, we are asking for a health problem that none of us would want to be involved in. I just -- I think it's something that needs to be done right. I know 7,000 dollars is not something that you just throw out of your pocket, but you get it done right and do it, I just think for the good of the whole subdivision it would be the way we should have it with that stipulation, to do the residential water lines. That's my opinion. Corrie: Mr. Nichols. Nichols: Mr. Mayor, I have a couple questions, so I can make sure I understand. They can't do the 20 foot patch back, because the street is too new; is that correct? Okay. But they could do tearing up the street, as long as they put down a new street, which is what the overlay is, correct? Boyle: The overlay is not tearing up the street. The only difference -- let me go back to the difference. Right now we have -- and I forget the number of cuts and Brad may have those construction drawings in front of you, but, roughly, I think there is like six cuts that were in addition to where the existing services were. With those cuts, since that street is within the five year program for ACHD, instead of just doing your standard patch over the trench of the cut, you have to go 20 feet wide across the length of that cut with a patch back on the asphalt. Okay. You have let's say six places where we are cutting the road for the service line and, then, we are taking the asphalt out 20 feet, tearing that out, and patching it in, 20 foot wide, across the length of that service out to the center of the street or where ever those main lines are. Okay. What the developer Meridian City Council Meeting May 27, 2003 Page 16 of 66 has now done -- and that was part of our understanding from the Preliminary Plat approval, the way that the project worked out, the developer has now said that they are willing to take it one step further. They are not proposing to tear out all the asphalt or anything they would cut these lines in. Instead of doing a 20 foot wide patch, they are just going to take and re-overlay the entire street, so none -- I mean the existing asphalt would still be there, they would just put a new overlay right on top of it, so, that's, basically, the difference. Instead of the 20 patches, a 600 foot long patch, but it's not taking out any of the asphalt, they are just overlaying it is what they are doing. They are still not -- they weren't proposing to go in and cut 19 utility lines or anything like that, it was just the same utilities that we additional agreed to at the Preliminary Plat stage and instead of doing a 20 foot patch, they are just going to overlay the entire street section. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Then, to clarify, in the original assumptions that you have made, it wasn't as many trenches to the mains as what Mr. Watson is asking? Boyle: Correct. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I guess I would agree on the public health concerns, but I guess what -- I also see Mr. Boyle's point is that at the Preliminary Plat stage we didn't think it was that big of a health issue to make it a requirement then, because we allowed them to be approved with using these mains. Watson: Mr. Mayor, Councilman Nary, Council Members, I don't believe that's the case, unless I have been misinformed by my staff. This came up at the hearing, that they didn't want to do this. Mr. Freckleton was forced to edit comments at the staff and Council -- or during the Public Hearing and his comment was that they would cooperate to the extent possible, or we would, to use the ones we could, but not the ones that couldn't be used. Unless I'm totally misinformed by my staff, there was never a concrete solid agreement on what was going to be left and what was supposed to be taken out. Boyle: Mayor and Council Members, I second Brad on that. I mean the understanding was that we would coordinate with Public Works to utilize the facilities that we could and the others we would have to put new services in. Nary: So, just so that I'm clear, Brad, what you're saying is that you folks have had that discussion, but it's still the feeling of the Public Works Department that the one inch lines are really necessary for these residential lots, not only to be consistent, but -- with our other developments, but also because of trying to service the needs of those residents with what was originally proposed to put there. Meridian City Council Meeting May 27, 2003 Page 17 of 66 Watson: Councilman Nary, you're correct, and this all kind of evolved from the time of the Preliminary Plat application until this point two weeks ago when we met with the engineer to try to work this out -- we continued to try to work this out and the plans had come in for review. Our engineering tech reviewed them and sought guidance from Bruce Freckleton and me both. There was a little bit of back and forth while these plans were being revised and coming back in. Well, one of the reasons we were going to work with them in the first place is to minimize these new services was because of this 20 foot patch back and if you get 18, 20 foot patch backs and the whole road is taken out, you may as well start over. That's why we were going to work with them. As the plans came in, it -- we found out, since the whole road was going to be over laid, then, the patch backs wasn't the big deal in our mind that it was initially when the Preliminary Plat was heard. Nary: Now, this condition that I guess -- I assume that we are talking about is condition four, sanitary sewer service and municipal water to this site shall be from the existing mains installed through the proposed subdivision. Is that the same language in the preliminary approval? Subdivision desired to coordinate main size and routing with Public Works Department. Watson: Councilman Nary, unfortunately, I don't have the recommendation from Planning and Zoning in my file, but that is the comment that I think we are talking about. Ninety-nine percent of the projects that coordination has been completed before you ever hear it. This is one case where we have tried to and we see things in a different light. Nary: If we were going to concur with what you're wanting, Brad, what would be different with this decision? You just said you don't have it in front of you, but all it says is it shall extended to existing mains. What I think you're saying is that it can't be for the existing mains, it has to be like every other residential subdivision with new mains. Watson: And this comment is almost boilerplate. It will be installed from the existing mains that are in the existing street. If you were to make a motion based on my recommendation, I don't think the comment would change, that they would comply with Public Work's recommendation regarding sizing and routing. Nary: Okay. Watson: But I think Clint took exception to that comment or wanted it clarified. Nary: What do you want it to say? Boyle: Well, again, you know, I guess we are back to square one on that item and that is that, again, the developer at this point wants to be back to having the allowance being able to utilize those commercial services. Again, we are talking about the water and the sanitary sewer services that are existing and stubbed to those lots. Ideally, from the developer's standpoint on the project and from what at least where they wanted to be, they would prefer to have use of the existing commercial stubs. Meridian City Council Meeting May 27, 2003 Page 18 of 66 Corrie: In other words, you'd like to have four voided and we would rather have it in, because I don't know see anything about -- Boyle: And I didn't see anything, Mayor and Council, specific on that. Again, it was just a point of clarification, because, obviously, there has been some back and forth with the staff and with us representing the developer on what's going to be the most suitable situation out there and that's why you're the elected officials to make the difficult decisions and so we are bringing it forward to the Council, so that we can have their input and decision on it. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: In thinking about this, if we go against the recommendation of our Public Works, we are setting precedence for this to come back and haunt us. Frankly, I worry about the safety issue also. It isn't something that -- it might not happen, but if it does, that's not good planning. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd also bring up the point when we went through this original application with Mr. Boyle, I believe he stated that these houses, they were hoping they'd have people of mine and your age that were snowbirds, so we are talking about an application that is hoping to have snowbirds. I do, too, hope they can, but that's going to leave that water sitting a lot longer in an eight inch pipe than the normal household would. I think that's something else we need to think about. I think we need to really take a hard look if we are going to change our rules and regulations between commercial and residential and we -- you know, we didn't ask them to come back in and ask for a residential deal when they had already been approved as a commercial. Boyle: Mayor and Council, if I just might, we will be tying into city water for the landscaping services, so if you want to keep that water so it's not stagnant, we'll set the timers to go off three times a day to water the lawns -- Bird: Are you going to do that in the wintertime and everything? Nary: That's an ice skating ring over there. De Weerd: Yes. That's not a pond anymore. Boyle: We will try to get as many contractors as we can out there to fill their water trucks up and whatnot for the construction sites around town and -- Bird: And they send the bill to you. Meridian City Council Meeting May 27, 2003 Page 19 of 66 Boyle: Yes. Corrie: Okay. Anything else? Boyle: I think that's -- Corrie: Council? Boyle: -- the main item there. Corrie: Okay, council, any other questions? De Weerd: I have none. Corrie: Okay. Thank you, Mr. Boyle. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: As I understand this, the thing that our Public Works Department wants is number -- item number four -- condition number four, I should say, needs to be left in there as per word. Corrie: Yes. They have to coordinate the main sizing and routing. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of 19 building lots and two other lots on 3.1 acres in an R-15 zone for Scottsdale Villas Subdivision No. 1 and No. 2 and ask to include all staff comments, with further clarification that the water and sewer issue be to residential use as per Public Works Department recommendation and to ask the attorney draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded, any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I do want to commend the developer for improving the quality of the green space in this. I'm sure you recall I voted against this project. I think they have made it nicer in Meridian City Council Meeting May 27, 2003 Page 20 of 66 the Final Plat. That it is a residential subdivision and I think it's proper for Public Works to want it to be complying with that. Corrie: Okay, any other discussion? Hearing none -- Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved as approved. MOTION CARRIED: ALL AYES. Item 12. FP 03-027 Request for Final Plat approval of 7 building lots and 2 other Gemtone Center No. 5 lots on 12.08 acres in an I-L zone for by Gemtone, Inc. – west of North Eagle Road and south of East Fairview Avenue: Corrie: Item Number 12. This is a request Final Plat approval of seven building lots and two other lots on 12.08 acres in an I-L zone for Gemtone Center No. 5 by Gemtone. Staff comments first. Hawkins-Clark: Mayor, Members of the Council, this Final Plat is for Gemtone Center No. 5. It does propose an extension of East Pine Avenue, a commercial urban collector. Eagle Road is approximately a half-mile here to the east. This is the last portion of the Gemtone project, which, as you know, has had numerous phases in place for some time. The project does propose seven building lots and two other lots. The extension of Commercial Street, as you may recall during the Preliminary Plat, was a point of quite a bit of discussion. Commercial Street is a public street coming down through Lanark Subdivision and, then, it's a private street here to the east. This is the area that has been looked at for -- it's had a spa use and other things. There is an old railroad spur that exists, that's the reason for the curb there. They are, as you can see, having their main five building lots here on the north side of Pine. They will extend Pine and, then, they have another building lot that is down adjacent to the Union Pacific railroad tracks down here to the south. The agreement was that this North Machine Avenue, which is right now just a stub at the end of the public Commercial, this North Machine Avenue would be widened to a full 40 foot commercial street section and they will need to provide connectivity, so that these two commercial streets would end up ultimately connecting. As you're probably aware, since when this piece owned by Mr. Dennis Baker develops, it's likely the city would require Machine to be extended and, then, Pine could access Eagle at the signal there, instead of using Commercial Street. But that did get worked out in the Preliminary Plat phase, so they are, as noted in item number six on page two, they will have to construct Machine to a full 40 with their curb, gutter, and sidewalk. They are having to have special setbacks on this triangular shaped piece next to the spur that any buildings up here on the north end would have to have a minimum 20 foot setback from their west boundary to allow for a future extension of Machine, so that would give us adequate space there in the future for that right of way. We did receive written comment back from Engineering Solutions, the applicant Becky McKay, and dated today, May 27th, and they do say that they concur Meridian City Council Meeting May 27, 2003 Page 21 of 66 with all conditions of approval. She did tell me that they would not be in attendance here tonight, but they concur and would ask for this to be moved on. Corrie: Thank you, Brad, any other questions, Council? Hearing none, I will entertain a motion, then, with that letter from Ms. McKay. I can't make a motion. De Weerd: Apparently, no one else can, either. Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve request for Final Plat of seven building lots and two other lots on 12.08 acres in an I-L zone for Gemtone Center No. 5 and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order and to include all staff comments and applicant's response. Nary: Second. Corrie: Motion has been made and seconded, any further discussion on the request for Final Plat approval? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for Final Plat approval for Gemtone Center No. 5 is approved. MOTION CARRIED: ALL AYES. Item 13. FP 03-028 Request for Final Plat approval of 74 residential lots, 2 commercial lots, 8 common lots, and 1 private roadway on 12.05 acres in Locust Grove Place Subdivision R-40 and C-C zones for by Earl, Mason and Stanfield, Inc. – west of Locust Grove Road and south of Fairview Avenue: Corrie: Item Number 13 is a request for Final Plat approval of 74 residential lots, two commercial lots, eight common lots, and one private roadway on 12.05 acres in an R-40 and C-C zone for Locust Grove Place Subdivision by Earl, Mason and Stanfield, Inc. At this time I will entertain staff's comments first. Hawkins-Clark: Thank you. As you may recall, this project originally came through as an apartment complex with commercial lots out on the frontage on Locust Grove Road. They did come through last year to amend that project and they have now come in with townhouses, instead of apartments, and they have reduced the number of non- residential lots to just two. Locust Grove -- South Locust Grove Road is on the east of the project. Fairview is north. Immediately north is the auto-wrecking yard. The Jackson Drain and the South Slough, I believe, both -- it's not the South Slough. The Jackson Drain -- there is, actually, two irrigation facilities that are right next to each other there. I can't remember the other one off the top of my head. They do have two points of access into the project. It is a private street network. It stops being public at Locust Grove. They are continuing a public pathway system that Pinewood Meridian City Council Meeting May 27, 2003 Page 22 of 66 Apartments, which are here to the back, did construct to the boundary and, then, this developer is proposing to continue that public pathway along the Jackson, along the north side of these lots, and, then, come down and ultimately connect in with the detached Locust Grove sidewalk. That would provide also a future crossing to continue the pathway along the Jackson here on the east side of Locust Grove. That pathway we did recommend that they deed or otherwise convey ownership to the city upon completion of the pathway and the parks and rec department would accept responsibility for maintenance of the pathway surface at that point in time. The applicant has given us a written response, dated May 23, and in that they state that they are working with the city attorney regarding that pathway and the conveyance of that property. The Parks Department did not comment on the pathway, other than saying they want detailed approval. I think that the comment -- yes, our parks director left this evening, but I think that his point there was they want to insure that there is a clear agreement in place. Certainly, I think the way that we have worded it that the pathway shall be constructed prior to issuance of the first CO gives adequate time for the applicant to work with the Parks Department on that. The commercial lots would not take direct access onto Locust Grove. They would take access internally off a private street. There is a buffer between the office and the townhouses here, a few other open space lots in here. They do meet the minimum five percent open space. I think it's more like ten. I think the only other -- there is two items on our staff report to point out to you. Item number five -- item number five on the third line, right now it says that the road base must be approved by Ada County Highway District and that was addressed in Mr. Stanfield's letter to us as well. Since it's a private street system, I think maybe a better way to word that on the third line would be proof that the road base meets Ada County Highway District standards. That way it just gives the City Public Works Department evidence that, they have been constructed to ACHD standards, but doesn't necessarily mean that ACHD would have to go out and inspect the construction. And, then, Dave McKinnon did also submit a May 23 memo that had two other corrections and one of those had to do with fencing. He's simply saying that the solid fencing adjacent to that public pathway here on the north side, that if they do solid fencing, it must be limited to four feet in height. They are given the option to provide some kind of a clear, open if they want to go to six feet, so that's one correction in Dave's memo. Then, the other is to eliminate Condition Number 17 on Page 3, which deals with the gravel pathway and that, obviously, doesn't apply to this development. I think those are the two changes in the staff report to point out. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, just to clarify a couple things. This is one of those pathways that would clearly tie into the master pathway agreement with Nampa-Meridian, for which a license agreement to the city would be required and I have talked to Nampa-Meridian -- or I should say I have traded voicemails with the Nampa-Meridian Irrigation District attorney in terms of what is required to get that license agreement and we don't believe that that's a difficult process for this specific one. Corrie: Okay. Thank you. Is the applicant here this evening? Meridian City Council Meeting May 27, 2003 Page 23 of 66 Stanfield: Good evening, Mayor, Members of the Council. Scott Stanfield with Earl, Mason and Stanfield out of Caldwell, Idaho. 342 Badiola. In my usual fashion I won't offer any objections this evening and concur with everything the staff has said so far. Corrie: Okay. Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: On the fencing thing on item seven, Brad, is the language in here what you want it to be? Because I think it is, but I guess I just want to be sure what your comments were. It talks about the four foot fencing, with the two-foot lattice fencing on the top, if they want to do that as per the fencing plan. I think we are only talking about the fencing on the house side, not the side of the -- but you don't want to change this -- Hawkins-Clark: Councilman Nary, it would just the addition of a new sentence that would be on bottom of that that if solid fencing is used adjacent to the pathway, the fence would be limited to four feet in height and changing the shall to a may, which would be on the first line there. I think it's just giving them the option. The way it's worded they have to do a six-foot fence and, certainly, we don't -- that's not the intent. It's just clarifying that they have the choice there. Nary: Okay. Thank you. Stanfield: Thank you. Corrie: Thank you, any further discussion? Okay. I'll entertain a motion, then, on the request of 03-028. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve FP 03-028, request for a Final Plat approval of 74 residential lots, two commercial lots, eight common lots, and one private roadway on 12.05 acres in an R-40 and C-C zones for Locust Grove Place Subdivision by Earl, Mason and Stanfield, Incorporated. West of Locust Grove Road and south of Fairview Avenue, for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and incorporate all staff comments, all replies by applicant, attorney comments. McCandless: Second. Corrie: Okay. Motion has been made and seconded, any further discussion? De Weerd: Mr. Mayor? Meridian City Council Meeting May 27, 2003 Page 24 of 66 Corrie: Mrs. de Weerd. De Weerd: Just so -- I know it was a staff comment, but it would be including the Amendment Number 5 regarding the road base. Bird: Yes. De Weerd: Okay. Corrie: Okay. Is the second okay? McCandless: Okay. Corrie: Okay. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. The approval with the changes and staff comments, the request for Final Plat approval on Locust Grove Subdivision is approved. MOTION CARRIED: ALL AYES. Corrie: Council, you want to take five minutes here before we move forward? Bird: That would fine. Take a five-minute break. Corrie: Okay. Let's take just five minutes. We will be back here at 25 after 8:00 to start our Public Hearings. (Recess.) RECONVENED AT 8:27. Item 14. Public Hearing: CUP 03-018 Request for a Conditional Use Permit for Washington Trust Bank a bank with drive-thru in an I-L zone for by Russ Wolfe – south of East Presidential Drive and east of North Eagle Road: Corrie: Okay. I'll reconvene the City Council meeting. Item Number 14 is a Public Hearing, Number CUP 03-018, request for a Conditional Use Permit for a bank and drive-thru in an I-L zone for Washington Trust Bank by Russ Wolfe. At this time, I will open the Public Hearing on the CUP 03-018. We will limit the comments of the public to three minutes and the applicant to five minutes and we will start with the staff comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. This project is a Conditional Use Permit for a combination building. It's going to be used for office -- it's a branch for the bank, it's also going to be used for storage, and about 2,000 square Meridian City Council Meeting May 27, 2003 Page 25 of 66 feet of the building would be for a training center for the bank. It's approximately 22,000 gross square foot of the building. The location is here on the southeast corner of Eagle Road and Presidential. The Crossroads Subdivision is to the east, so it would be utilizing the same main access road and the residential subdivision does. This would be the first building within Presidential Subdivision, which is this larger acreage here south of Presidential that was originally a part of the Conditional Use Permit for the whole Meridian Crossroads project back in '98. Blue Cross, as you can see, is across Eagle Road. Here is the revised Site Plan layout that we did receive after the Planning and Zoning Commission hearing. The only access into the site at this point would be off of East Presidential Drive from the north -- north property line. The track -- the traffic circulation is two-way within the site. They do have parking completely around the perimeter. They have four drive-thru aisles here on the south side of the building. The Planning and Zoning Commission did recommend approval. They accepted staff's comments that asked for a couple of additional planters and a few small tweaks to the southern boundary to adjust that landscape area there and make room for the trash enclosure here, et cetera. Here is a colored rendering that was submitted with the application. This would be the Eagle Road elevation and you can see the drive-thru lanes here on the right and, then, access into the building would be on a couple of different sides of the building. They are looking at some tinted glazing, brick veneer work, some -- a couple of different types of signage that they have proposed. I guess that's -- that pretty much summarizes I think what staff had to offer on this. We did receive a letter from the owner's representative Russell Wolfe, who has just provided some clarification, that's dated May 15th, but they are in agreement with the Planning and Zoning Commission's recommendations as they came out of the P&Z hearing. Corrie: Okay, any comments or questions from staff? Bird: I have none. Corrie: Is the developer or the representative here tonight? Is the testimony you're about to give the Council the truth, so help you God? Oberst: Yes. Corrie: Okay. Oberst: Mayor and Council Members, Dean Oberst, 2412 North Lark. We do appreciate the opportunity to be before you. We do agree with all the staff comments and we'd like to leave it at that and just thank you for the opportunity, any questions that I might be able to answer? Corrie: Okay. Thank you. Oberst: Thank you. Corrie: Thank you. Is there anyone from the public that would like to issue testimony in this? Okay. Hearing none, thank you. Meridian City Council Meeting May 27, 2003 Page 26 of 66 Nichols: Mr. Mayor? Corrie: Yes. Nichols: Brad, what's the date on the revised Site Plan, please? Hawkins-Clark: Thank you for that clarification. It's May 13, 2003. Corrie: Okay, any other discussion from Council, for the Public Hearing? I'll entertain a motion, then, to close the Public Hearing. Bird: So moved. McCandless: Second. Corrie: Okay. All in favor say aye. All ayes. Public Hearing is now closed on Item No. 14. MOTION CARRIED: ALL AYES. Corrie: Discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Conditional Use Permit for a bank with a drive-thru in an I-L zone for Washington Trust Bank, with the revised plat notation on May 13, 2003, and ask the attorney to draw up Finding of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the Conditional Use Permit, CUP 03-018, 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. Motion for request for Conditional Use Permit, Number CUP 03-018, is approved. MOTION CARRIED: ALL AYES. Item 15. Public Hearing: MI 03-008 Request for sales office / model home in an Inglenook Model Home R-4 zone for by Inglenook Development – 2720 South Locust Grove Road: Meridian City Council Meeting May 27, 2003 Page 27 of 66 Corrie: Item No. 15 is a Public Hearing, MI 03-008, request for a sales office/model home in an R-4 zone for Inglenook Model Home, by Inglenook Development. At this time, I will open the Public Hearing. Same rules apply. Staff first. Hawkins-Clark: Thank you. The application before you -- I think this is about the third one that you have seen over the last couple of months. The one that -- as staff has stated previously for these model homes, we are working on amending to allow this more at an administrative level, but at this point, to be consistent, we are requiring these applicant's that request model homes after they have already been approved to come through this MI process, miscellaneous application process. The lot that they are proposing for tonight is the first lot in Inglenook Subdivision on the north side of Fireside Court. It's off of South Locust Grove Road. The whole -- the entire subdivision was shown here approved last year and they are seeking to convert a three-car garage to a temporary sales office, model home that would market the subdivision. We have included our standard comments for these sales home offices in our staff report, dated May 15th. Here is the floor plan of the housing product type that would be used for the model home. The garage is out front and they are looking at one to two staff members on site, seven days a week, 8:00 a.m. to 5:00 p.m. Generally, the house is going to look like this and, then, they would convert one of the bays, so we ask that you include the conditions proposed in our May 15th memo. Corrie: Okay. Thank you, Brad. Questions? Okay. Is the representative here tonight? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Ford: I do. Corrie: Name and address, please. Ford: Honorable Mayor, Members of the Council, Ashley Ford, director of planning for Hubble Engineering at 701 South Allen in Meridian and I'm here representing Inglenook Development. Basically, we are in agreement with the conditions of approval and we'd just ask that you approve us this evening and I would be happy to stand for any questions. Corrie: Questions, Council? Ford: Thank you. Corrie: Thank you. Anyone else like to have testimony at this time? Okay. Hearing none, Council? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we close the Public Hearing MI 03-008, request for a sales office/model home in an R-4 zone for Inglenook model home. Meridian City Council Meeting May 27, 2003 Page 28 of 66 De Weerd: Second. Corrie: It's been moved and seconded to close the Public Hearing, any further discussion? All those in favor say aye? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Discussion? Hearing none, I'll entertain a motion on the request for a sales office/model home. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve MI 03-008, request for a sales office/model home in an R- 4 zone for Inglenook Model Homes by Inglenook Development, 2720 South Locust Grove Road and for the attorney to draw up the Findings -- or proper papers and to include all staff recommendations. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the request MI 03-008 with staff comments, any further discussion? Hearing none, roll call vote, Mr. Clerk. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion requested is approved. MOTION CARRIED: ALL AYES. Item 16. Public Hearing: VAC 03-002 Request to vacate existing easements in Havasu Creek Subdivision Crestwood Subdivision No. 1 by the plats of No.s 1, 2, and 3 by Farwest, LLC – west of North Locust Grove Road between West Ustick Road and West McMillan Road: Corrie: Item Number 16 is a Public Hearing. This is VAC 03-002, request to vacate existing easements in Crestwood Subdivision No. 1 by plats of Havasu Creek Subdivision No. 1, 2 and 3 by Farwest, LLC. At this time, I will open the Public Hearing and same rules apply. Staff comments first. Watson: Thank you, Mr. Mayor and Council Members. This application is a vacation of common utility easements along the boundaries of two lots in the county subdivision of Crestwood Subdivision. Those two parcels, two lots of Crestwood Subdivision, will be re-platted under the Havasu Creek Subdivision projects, they have solicited easement releases from the City of Meridian, Idaho Power, and those have all been signed. The only one -- the only thing that I could point out is that in the transmittal to Settler's Irrigation District that they returned to the City Clerk's office May 5th, their written Meridian City Council Meeting May 27, 2003 Page 29 of 66 statement says that this easement should be protected and I believe they are referring to the one across the northern boundary of the northern lot. I have talked with the applicant who is here tonight and it sounds like from conversations today Settler's now doesn't claim any jurisdiction over that particular drainage way or irrigation ditch. If Council approves this, I would just ask that it be contingent upon written verification from Settler's that they don't have jurisdiction over this or a problem with the vacation. With that, I'd answer any questions. Corrie: Questions of staff? Bird: I have none. Corrie: Thank you, Brad. Is the representative here this evening? Is the testimony you're about to give the truth, so help you God? Cook: It is. Corrie: Thank you. Name and address, please. Cook: Richard Cook, Briggs Engineering, 1800 West Overland Road, Boise. Mr. Mayor and Members of the Council, this is normally a very routine item that is traditionally taken care of with the recordation of a plat, but because this particular easement was a joint utility and irrigation easement, we had to go through the formal vacation process and what we have along there is currently a 20 foot wide easement and that easement has been there for many years, since the creation of Crestwood Subdivision, and what we are, essentially, asking for is not to wipe out the entire easement, but what the end result will be is that we will have a ten foot wide easement along the north property boundary. In other words, on the Havasu Creek side of the user ditch, rather than a 20 foot wide easement. It's my understanding that years ago when the Crestwood Subdivision was created, that the ditch was located ten feet further to the south than what it currently is and that there was a ten foot wide easement on either side and the ditch was relocated ten feet north and that ended up -- we ended up with a 20 foot wide easement totally on the south side, so we are providing the easement. When we record the plat, there will be a 10 foot wide easement along there for any maintenance that is required and this is a user ditch, it's not a ditch that's controlled by -- or maintained by Settler's. They control the head gate along North Locust Grove Road and they, you know, of course, it's their water through their system, but the maintenance of it is up to the individual lot owners that utilize the water out of this ditch. Primarily, those two and a half to five acre lots, and we are requesting your approval of our application for vacating the easements. If you have any questions, I will be happy to answer them. Corrie: Questions? Okay. Thank you. Is there anyone else from the public that would like to issue testimony? Yes, sir. Is the testimony you're about to give the Council the truth, the whole truth, and nothing but the truth, so help you God? White: Certainly, Your Honor. Corrie: Name and address, please. Meridian City Council Meeting May 27, 2003 Page 30 of 66 White: John William White, 4635 North Locust Grove Road. Your Honor, I thought Mr. Cook might have been one of the property owners in the Crestwood Subdivision, but apparently not, by his address that he gave. We are probably here on a moot point. The property we are speaking about is not even in Meridian -- or the portion they are trying to take from us. We are Ada County. If I may, can I go to this and point out -- this right here. This line is our property line. We are in Ada County. This overlay is what you want, which is Meridian, which you don't have. I believe we spoke on the telephone about a month ago, Mayor, when I called you to have Mr. Goldsmith call me. He didn't call me. Who called me back said he would not call me, but before he shuts down our irrigation ditch, he will call me. Esteemed Members, Your Honor, thank you. Corrie: Any questions? Anyone else that would like to issue testimony? Oliver and Barbara Palmer, you're against it as well? You're against that as well? Do you want to testify to anything? If you want to talk, you have to come up here. Can't hear you back there. I'll swear you in and, then, you can talk all you want for at least three minutes. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Palmer: It is, Your Honor. I was just saying if they are going to take the ten feet, take it out -- Corrie: Name and address. Palmer: Oliver Palmer, 1515 East McMillan. If they are going to take the ten feet, take it off the subdivision, so we don't have to move all of our fences and replace some of them, care for all of our ditches and that's going to be a lot of work for the existing people that's already there. Corrie: Okay. Thank you. Anyone else? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Martin: It is, sir. Corrie: Name and address, please. Martin: Justin Martin, 5606 North Ten Mile Road. Mr. Mayor, Members of the Council, I represent Farwest. We definitely don't have any intent of impeding the flow of their water or removing easements from the Ada County side of their property. Havasu Creek is annexed into the city. Is all we propose simply is that the easement be recorded with the plat as ten feet, as opposed to 20 feet on our side? We would be happy to work with any of the lot owners on cleaning their ditch or moving it or anything that they want done now. Anyway, it won't have a negative impact. Corrie: Any questions? Nary: Mr. Mayor? Meridian City Council Meeting May 27, 2003 Page 31 of 66 Corrie: Mr. Nary. Nary: So, Mr. Martin, I guess so I understand and maybe so the neighbors understand, all you're asking to do is to vacate from your plat 10 feet that is on their side of the property line? Martin: All we are looking to vacate -- or requesting to vacate is from the fence line, which is primarily the boundary line. The ditch -- the user ditch is just north of that fence line. It's from that fence line -- there is a 20 foot easement back into our property, we'd like to move that back to ten, which is a standard by back lot lines of Final Plats for utility companies, drainage ways. If Settler's Irrigation had an interest in it, that's what they would require us to do. I shouldn't speak for them De Weerd: Mr. Mayor? Corrie: Ms. de Weerd. De Weerd: You know, so the property owners in the county, their fence line is their property line? Martin: There are various fence lines in there, but the most southern fence line is on the south side of the ditch and is their boundary line as well. The ditch is on their side of the fence. We removed the fence recently to replace it with a wood fence, as required by city ordinance -- subdivision ordinance that it is required to replace it with a fence, a real fence. Until that point, to my knowledge, there was a fence both on the south side of the ditch -- some of the lots owners on the north also had another fence on the north of the canal and it made a tunnel where that ditch was and I don't know if that was to keep animals out or not. I'm not sure what the intention of the two fence lines was. De Weerd: And so the reason for vacating the easement is what? Martin: As Mr. Cook stated, there was, in the past at some point, the ditch had been moved to the north 10 feet and standard those ditches are located in the center of those easements, 10 feet on each side or five feet or whatever the requirement was at the time when that easement was put into place. Sometime in the past the ditch was moved to the north ten feet, so now that entire 20 feet is all on the Havasu Creek Subdivision plat and we are just requesting to remove the bottom, the southern ten feet, so it will leave the standard ten feet across the top, which is a requirement on the back lot lines. De Weerd: So, your easement -- the easement for that ditch will still remain on your property and you're just asking to reduce it from 10 to 20? Martin: That is correct. De Weerd: Or 20 to 10. Meridian City Council Meeting May 27, 2003 Page 32 of 66 Martin: That is correct. The standard, I believe, on the back lot lines -- and staff could answer this better -- that there is a ten foot standard easement on the rear lot lines of lots and five foot on the sides. This happens to be along the backs of all, but I believe maybe one of our lots, which would be a side lot line, that way we would still be able to leave ten feet, if need be. De Weerd: And are you burying that? Martin: We are not. It's not on our property. It's just to the north of our boundary line. De Weerd: Okay. Martin: And, granted, in some places that inches, but it's just to the north. I would see in the future those five-acre parcels the back three acres or so of most of those is pasture for animals. Obviously, when we develop this you will see increased people into looking at their property for future developments as well. We will, then, have road stubs and the street alignment as well, and whether or not that does get piped in the future, get buried. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council. Mr. Martin, I take it, then, you wouldn't be opposed to a condition in the order that says that you have to not interfere the delivery of water down that ditch by the -- Martin: Absolutely not. We definitely can't. The requirement is that we don't interfere with their flow of water in there. I think the law is fairly clear on stating that they are able to continue to get their water rights and we have no intention of slowing that down or changing it, even to the extent if they want us to clean the ditch for them, if all the neighbors would get together at once and have one guy show us what to do, more or less, as opposed to working with each neighbor individually. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just for process on this for Mr. Nichols, we haven't done a lot of these over here since I have been here. Was the intent to follow this up with a resolution or something like that? Otherwise, we don't have a document to record. Nichols: Mr. Mayor, Members of the Council, I think there has to be an order vacating the easement. It has to be prepared and it's submitted for your approval on the consent agenda and, then, that is what gets recorded. I think one way to look at that, this is the vacation of one easement, but there, in effect, is a replacement easement in the Havasu Creek Subdivision for all of these things. It's the vacation of the 20-foot, but a new easement of 10 feet along that north boundary would be in place, but there would also Meridian City Council Meeting May 27, 2003 Page 33 of 66 be -- but those other ones would be removed accordingly. I looked at the application and I don't see a specific property description, which should probably be addressed to Mr. Cook, as to the location of those easements or descriptions to be included in the order. That should be defined. I noticed there was -- the plat was attached, but I didn't see a specific description. I suppose we could attach the plat to the order, but since you're going to record the order and show that those easements are vacated, it would probably be better if we had a more specific description submitted that just refers to those easements that are vacated, if that's what the Council decides to do. Nary: Thank you. Corrie: Anything else? Martin: No. Thank you. Corrie: Mr. Cook, do you have anything further? Cook: Thank you, Mr. Mayor. I think it's, really, a question for Mr. Nichols. Were you looking for a legal description of the current easement, plus a new description for the ten-foot easement? Nichols: Mr. Mayor, Members of the Council. Mr. Cook, what I was looking for is you have asked for vacation of an easement and we need to be able to describe that and, then, I -- presuming, since the 10 foot utility easement is part of the standard conditions, it will be shown on the Final Plat for Havasu Creek One, Two and Three. Cook: This is correct. The new easement will be not only shown, but there will also be a legal description for that as well. And as far as providing a description of the present easement, that's not a problem. We can furnish staff with that. Other than that, just to reiterate what Mr. Martin said, that the entire easement is on our side, it's on the Havasu Creek side of the ditch, and we are just reducing that 20-foot wide easement by ten feet and there is no interruption to service whatsoever. Corrie: Any further discussion? Anybody else from the public wish to issue testimony at this time? Okay, council, further discussion? Okay. I'll entertain a motion, then, to close the Public Hearing on VAC 03-002. Nary: So moved. Corrie: Motion has been made. Is there a second? McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Meridian City Council Meeting May 27, 2003 Page 34 of 66 Corrie: Further discussion? Okay. I'll entertain a motion on the request for vacation. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of VAC 03-002, the request to vacate the existing easement in Crestwood Subdivision No. 1 by the plats of Havasu Creek Subdivisions No. 1, 2, and 3 by Farwest, LLC, west of North Locust Grove and West Ustick Road and West McMillan Road, to include all staff comments and including a specific legal description of the actual easement to be vacated to be provided, for counsel to prepare an order pursuant to that. Corrie: Brad, is there something that you wanted to add about the irrigation? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Nary, would that include Brad's comment regarding getting something written from Settler's saying yes or nay? Nary: Certainly. The order would also include it. I guess it would include that, as well as the concerns that have been expressed about making sure that there is no interruption of service. Bird: And also including Mr. Martin's -- the applicant's comments to the owners. I would second that. Corrie: Okay. Motion has been made and seconded, any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I -- just for further clarification of Mr. Martin's comment about working with the neighbors, that they will give written statements to our staff or something that that meeting was held to discuss maintenance of the ditch. Corrie: Any further -- Nary: As part of the -- I guess a clarification as part of the order of this that you're requiring -- you'd like to require that they have a meeting with the owners and they provide proof of that? De Weerd: Well, he said he would meet with the neighbors to discuss the maintenance and -- Meridian City Council Meeting May 27, 2003 Page 35 of 66 Nary: I just don't want to end up in a Wingate situation. I mean I agree and I -- De Weerd: Well, he made -- Mr. Bird made a comment and so I was just trying to figure out what that comment meant. Nary: Yes. They are required by state law to make sure that they don't interpret the service in that ditch and so they have to do that, but I just am afraid if we add that condition of providing some documentation of a meeting. That we are going to end up with an issue like that and I don't know to do that, but I think they certainly have assurance and they have the law behind them to require them to maintain that service, so I think they should be covered. Bird: Second agrees about not without proof of meeting. Corrie: Okay. Roll call vote. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried on VAC 93-002. MOTION CARRIED: ALL AYES. Item 17. Public Hearing: MI 03-007 Request to construct a temporary private road for the construction of Phase 2 in C-G, R-40, and C-N zones for Fairview Lakes by Fairview Lakes, LLC – 824 East Fairview Avenue: Item 18. Public Hearing: CUP 03-014 Request for a Conditional Use Permit for a reduction of approved 192 unit apartment to 96 units and allow 55,000 Fairview Lakes square foot office park for by Fairview Lakes, LLC – 824 East Fairview Avenue: Corrie: Now, the Public Hearing on the request to construct a temporary private road for the construction of Phase 2 in C-G, R-40, and C-N zones for Fairview Lakes by Fairview Lakes, LLC. At this time, I will open the Public Hearing with staff comments first. Hawkins-Clark: Mr. Mayor, I'm sorry, did you open both 17 and 18? I didn't catch that. Corrie: No, I didn't. Okay. I'll open 17 and 18, since they are on Fairview Lakes. Hawkins-Clark: Okay. Thank you. Item Number 17, Mayor, and Council, the application that was submitted is for a miscellaneous application for a temporary private road. Staff has had discussions and -- excuse me -- Mrs. Powell, I believe, spoke with David McKinnon and a conversation with the applicant about the necessity of having a miscellaneous application and my understanding is that the applicant has agreed to, essentially, withdraw that, mainly, because the City Council has already approved a private road from Fairview up to a majority of the length of the project that they need it. What you have before you tonight was to extend it another couple hundred feet and I Meridian City Council Meeting May 27, 2003 Page 36 of 66 guess staff's opinion is that since you have a public -- I mean a private street that's been constructed, there is a plat that is going to dedicate that street that's in process right now. That at the portion on the north end that this item was -- Number 17 was for is -- can be, essentially, referred to as a driveway and it would be constructed to similar standards, but I don't know that we need to formally process that. I guess I can let the applicant address that further, but that's staff position on Number 17. On Number 18, the Conditional Use Permit is for a project that you have seen a couple of different times. It's located on the north side of Fairview Avenue and the connection of Teare Avenue with bollards. Earlier tonight on your agenda you approved that development agreement on the Consent Agenda that removed bollards that were originally there and now they have a development agreement that allows Teare to be extended through. The property is today undeveloped. The Jackson Drain comes in from the northwest and bisects the property at the northern portion of it here. There is a stub street, Clarene, that comes in at the north end and, then, as I mentioned earlier, Teare also stubs into this northeast portion. What the Council has already approved is this overall layout here. They have a conceptual Conditional Use Permit for the southern portion and they have a detailed Conditional Use Permit for this area that's shown as area A, area B, and area C. What they are proposing tonight is to revise the conceptual and detailed application. Mainly, the driver from the applicant here is a modification on the northern portion. They are proposing to reduce this area up here that was 192 units to 96 and, then, replacing this area B, which was apartments before, with an office type of development. They are reducing the number of apartments largely, what we have been told, in response to the market now for rent and going with fewer apartments and increasing the number of square footage of office on this project. It involves about 4.3 acres that's all currently zoned R-40. This area A and area B and area C was annexed with a C-N commercial neighborhood zone and that's also a part of their modification tonight. They haven't requested any revisions to this shopping center portion of the project. Not yet. The conditional use -- the conceptual plan development on that is only concept at this point and any additional condition -- or any additional development would require future conditional use permits on that southern portion. Here is a look at the overall layout of the site. The larger retail portions, as just noted, are future conditional use. They are not proposing, really, any modifications to that at this time. They have this main entry road off of Fairview that was approved as a private road and at this point is being platted under the name Devon Park Subdivision. This roundabout, then, turns into the office portion of the project, which they have stated that they are intending to subdivide that in the future as well, so that those would, actually, be small sort of, you know, 1,500 to 2,000 square foot size office pads that would be available for purchase. At this point in time, they have not platted, but that was stated that that's their intent. Then, you would come through that office portion and, then, the apartments is a similar layout to what you have already approved. There is another public pathway that's part of the city's master plan that generally comes in here from the very northeast -- or northwest corner of the project and, then, follows the Jackson Drain, comes behind the offices in between these existing single family houses and, then, crosses the street and, then, would continue on down to Fairview as a ten foot wide asphalt public path and the Planning and Zoning Commission didn't deal with that specifically. It was a part of the original conditional use, so we'd just ask that you -- that the applicant meet the approved Preliminary Plat and Conditional Use Permit. The one additional consideration to the staff I'd like to throw out tonight would be for -- and I don't think that Meridian City Council Meeting May 27, 2003 Page 37 of 66 this was in the original conditional use or plat, maybe the applicant could clarify that, but there are a couple of places, primarily here, where this public pathway would cross the street. Up here in the corner there is a clearly designated crosswalk across the vehicular path, but there isn't the same designation where the public street crosses the path and so we'd recommend a new condition that says developer shall coordinate with the Highway District to construct a clearly designated pedestrian crossing for the pathway at all street crossings. Then, Sanitary Service Company did also submit a comment, Bill Gregory, with SSC. He did state that he wanted to place a hold until a more detailed plat was submitted for review. Trash enclosures were not shown on the detailed Site Plan for this office area. I think that was Bill's comment. I'd just ask the applicant to address that tonight in their testimony about SSC's comment and, then, the applicant could also address -- the Planning and Zoning Commission asked for a new -- a new parking island to be installed in this area. There are 15 stalls that are directly contiguous that don't have a breakup of the planter and that's part of the landscape ordinance, so they were asked to submit a revised Landscape Plan prior to this meeting that showed that. I don't think it's a big enough deal to hold them up, but if we could just confirm that their parking ratio is still going to be met when they have to remove a stall to get that in there to comply with the Planning and Zoning Commission's recommendation, so -- thank you. Corrie: Okay. Is the applicant here this evening? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Tamura: Yes. Corrie: Thank you. Name and address. Tamura: Mayor, Members of the Council, my name is Doug Tamura, I'm the owner and developer on this project and one of the clarifications on what we are trying to do with this miscellaneous application is -- one is I think the city has a policy that we can't pull permits while we have got a pending plat and so what we'd like to do is on this office complex, the timing with the interest rates where that is real good where we can provide an affordable office -- owner occupied office building, so that why we'd like to press ahead with this. We have got potentially two or three builders who would like to start construction this summer, so the plan is if we can get the miscellaneous application to provide for a temporary access while we are going through the plating process -- we are scheduled for Devon Park 2, which is the plat for both the upper family lot and, then, a 15 lot office subdivision that's going to be heard before Planning and Zoning June 5th. Timing wise on our construction, we are planning on construction of the Devon Park 1, which takes it up to the cul-de-sac and the connection to Teare Avenue. We are hoping to start construction on that in late June or early July and, then, with extensions, and, then, also while we are going that, start construction on the office park. The reason that we didn't show that -- we didn't show that landscape island, because what our thought was is when we platted Devon Park No. 2, we just showed that west half as just one large lot right now. Our thought is if the market is strong for the concept that we have on the east side, that we are planning on reducing the amount of retail on the west side and doing kind of a mirror image where we just flip that whole concept over on that other side. Right now our office portion is kind of a two-phase project where we will Meridian City Council Meeting May 27, 2003 Page 38 of 66 start the east side first and the west side second. We have got a couple of retail candidates that we are in negotiations with right now. We are hoping within the next 30 to 45 days we will be back in front of Planning and Zoning and get the detailed plan of what we are planning on going with the commercial, but things have been rolling along real well for us. Then, as far as the conditions of approval, we don't have any problem with adding that pedestrian crossing condition that we will work with the Highway District on that pedestrian path. We made a couple of minor adjustments on that pedestrian path. One of the thoughts that we'd like to do is on that main road going up into our office complex, we'd like to make it more of a boulevard type of roadway, so one of the two things that we are proposing is I believe we are required to do a 25 foot landscape buffer on the east side and a 20 foot buffer on the west side and so what we'd like to do is we are going to work with the Highway District on getting a license agreement and doing a landscape strip next to our road where we can put a tree-scape and lighting up that and, then, have a separated sidewalk on both sides and it will run all the way up to multi-family site, so we will have this kind of boulevard effect all the way down. The other thought that we did is we made our cul-de-sac large enough so we can incorporate a water feature, kind of a signage in the middle of that cul-de-sac that will be kind of the marquee for the office complex there in the middle and so, you know, we are going to try to create a real nice atmosphere as far as how we are going to create this kind of multi-use site. The other thing that we saw was that we think that the -- you know, the parking lot with the office complex, it's a lot more complimentary use for our commercial tenants, so I think, you know, when we are completed with the overall project we will have a pretty good plan of how to develop this piece of property, so we are just here for questions. Corrie: SSC comments? Sanitary Service? Tamura: Oh, what we can do is work with them on that. On our first phase of our office complex our parking ratio was four and a half per thousand, which is way over parked and so what we can do is expand some of our landscape islands and incorporate -- typically we will locate probably two or three three-yard dumpsters that we should among the complex. The way we are setting up our CC&Rs in the office complex is that it will be managed under one management, so both landscaping and utilities -- at least, you know, trash and sewer service will be handled as an association, but we will coordinate and work with trash service on locating the dumpsters. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Tamura, my recollection was that when we had a discussion a few months ago about the light, that part of the reason that the Highway District was such in favor of the light was because of the density of the housing that was going to be there and now we have taken out about half of the housing that's going to be there and what's proposed to be there and so has that changed in regards to the traffic signal or anything with that roadway we approved? Meridian City Council Meeting May 27, 2003 Page 39 of 66 Tamura: You know, we had a special hearing just on the connection of Teare Avenue with that light and I believe at that time -- and Christie is here and she can kind of verify it and I can't quite recall the exact numbers of what our project generates, but I believe right now Jericho generates between two and three thousand trips per day. I think our project alone generates around 10,000. Even with the office complex, it's not going to significantly change the overall generation of what our project is going to create. Nary: Okay. So, we are still going to have a light, although -- Tamura: Yes. Nary: That hasn't changed. Tamura: No. The plan is still going to go ahead and install the light. One of the concerns that we had as far as the public image is we didn't want to have a stop light not going anywhere and so we are pushing real hard to go ahead and start construction on things, because we think that part of the marketing program for us is the energy that once we start buildings and have a stop light in place, the road there, that it will bring some of the other retail components that we are looking for. Nary: And the main reason that's been changing -- I mean normally -- I'm not real adverse to removing some of the density in that particular area, it's just the market just decided to change your focus to more office? Tamura: One of the things that we are seeing in the valley right now is one of the strongest components -- you know, because we -- as owners and developers, we own all types of real estate and the softest thing that we see in the market right now is the office leasing component. By far the strongest kind of commercial retail office component that's out there is owner occupied office buildings. It gives a small businessman an opportunity to own his own building and pay less rent than he would leasing from someone else, particularly with SBA and the interest rates and where they are at. We are thinking that with that location it's going to give all the moms and pops and neighborhood support people, you know, insurance, accountants, dentists, those kinds, to have an opportunity to own their own building in a real nice office environment. I think it's a real win-win, I think, for both Meridian and for ourselves one of the people that are going to build the first building is Hopkins. He's planning on moving his office from Boise to Meridian. Nary: Thank you. Tamura: All right. Thank you. Anymore questions? Corrie: Any questions? Bird: I have none. Tamura: All right. Thank you. Meridian City Council Meeting May 27, 2003 Page 40 of 66 Corrie: Thank you. Is there anyone else from the public that would like to issue testimony? Okay. Hearing none, Council? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just had one more question for Brad. I guess I was thinking on hearing you saying on their request for the temporary private road, the miscellaneous application 007, that it wasn't really -- it wasn't really needed or you just had absolutely no adverse comments to it? Powell: Mr. Mayor and Councilman Nary, kind of both to -- yes to both questions. Generally, you need a street to provide frontage. They are not proposing a plan at this time all these uses are on one lot. Their private street that they have now provides the frontage for that lot. The extension of it is really the same thing as a driveway on a larger piece of property, such as the commercial ones we typically see. There doesn't seem to be a real need for it. On the other hand, if they really want to, I mean there is not a real problem with it. I guess on all of these miscellaneous applications I'm trying to pair them down to the ones that really seem appropriate and necessary for you to spend your time on. Nary: So, the short answer is it's all right if we approve it, you don't really think we need it at any rate, but if we approve it it's not going to hurt anything. Powell: Yes, sir. Nary: Great. De Weerd: Thank you. Corrie: Any other questions? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With that I would move that we close Public Hearings Number MI 03-007 and CUP 03-014. McCandless: Second. Corrie: Okay. Motion has been made and seconded to close Item Numbers 17 and 18, Public Hearings, any further discussion? All in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council Meeting May 27, 2003 Page 41 of 66 Corrie: Discussion? Item Number 17? Okay. I'll entertain a motion, then, on the request for a temporary private road MI 03-007. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve MI 03-007, request to construct a temporary private road for the construction of Phase 2 in a C-G, R-40, and C-N zones for Fairview Lakes by Fairview Lakes, LLC, 824 East Fairview Avenue, and to draw up the proper papers and include all staff comments. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the request for a temporary road on MI 03-007, any further discussion? Roll call vote, Mr. Clerk. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion approved. Item Number 18, request CUP 03-014. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think the changes that are being requested are very appealing and it looks like a very nice amenity. An addition to the city with the proposed changes, so I'm going to move approval of CUP 03-014, request for a Conditional Use Permit for a reduction of approved 192 unit apartment to 96 units and 55,000 square foot office park for the Fairview Lakes by Fairview Lakes, LLC. Ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order, to include the testimony on the designated pedestrian paths, to coordinated with ACHD, and also to include a revised Landscape Plan to show the parking island changes and address trash enclosures. Bird: Second. Corrie: Okay. Motion has been made and seconded on CUP 03-014, with all comments in the motion, any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. CUP 03-014 is approved. MOTION CARRIED: ALL AYES. Meridian City Council Meeting May 27, 2003 Page 42 of 66 Item 19. Public Hearing: CUP 03-013 Request for a Conditional Use Permit to modify operational hours and change building placement from original Cherry Crossing approved CUP in a C-N zone for by Hawkins Companies – northwest corner of West Cherry Lane and North Linder Road: Corrie: Item Number 19 is a Public Hearing, CUP 03-013, request for a Conditional Use Permit to modify operational hours and change building placements original approved CUP in a C-N zone for Cherry Crossing by Hawkins Companies. At this time, I will open the Public Hearing on Item Number 19 and invite staff's comments first. Powell: Mr. Mayor, Members of the Council, the project is located at the intersection of Cherry Lane and Linder Road and they have been in before. The site is currently undeveloped. There is Cherry Lane. Here is Linder Road. Since I wasn't here before, I will let the applicant tell you any change -- the way he's moved things around, but I can tell you what he's got now and that is this is a drive-thru for a Pizza Hut, a Walgreen’s would be located here. This is a leased space for a retail use and, then, this is a combined office and retail use. The staff report -- Steve went into great detail to point out the differences between the original application and the new proposal on the first page of your staff report. They are decreasing the square footage of the retail space and the drive-thrus, the office retail will stay the same, and they are switching out a 24- hour fuel facility for another retail building. There seems to be a general decline in the intensity of the use as far as square footage of buildings. There is a difference in the hours of use. Instead of a service station that would be open all day and all night long, you now have a Walgreen’s that would be open all day and all night long. The site does have access from Emerald Falls Drive to this location here. There is a right in and right- out off of Linder here and also a right in and a right-out off of Cherry. This would allow for left-hand turns off of this road and for this road. As well it would allow for left-hand turns. The discussion at the Planning and Zoning Commission focused primarily on two items. The first one being a drive-thru associated with the Pizza Hut here. It was a delivery drive-thru, so that the pizza deliverers just drive up. The problem was is that the driveway emptied right into basically oncoming traffic as they turned off of Cherry Lane. The Planning Commission did not approve that drive-thru and the applicant has submitted this revised plan that does not show the drive-thru. That was most of the discussion. The other discussion centered around an existing house on the site that was being offered for a burn site -- or a test burn for the Fire Department and there was some issues regarding the timing of that and how that would affect development and that issue didn't quite get resolved. Hopefully the applicant can provide some more information on that. Staff would like -- or would be willing to add the condition that allows the owner a little flexibility regarding that burn on the timing of it and that if you so choose you could say the applicant shall construct full street buffers along Cherry Lane and Linder Road. Except the portion adjacent to the existing house may delay until after that burn and that gives him a little more flexibility, which I believe is what he was looking for from the Planning and Zoning Commission. You might want to clarify with him tonight. There is a non-development agreement on the property, but from the Planning and Zoning Commission testimony it would seem that the applicant has worked that out and that does not need to be an issue at this time, that our conditions of approval address that. Meridian City Council Meeting May 27, 2003 Page 43 of 66 Corrie: Thank you, Anna. Powell: We have a couple elevations and those are -- there is the Walgreen’s. That first I believe were the office ones. And that's the end of staff's testimony. Corrie: Okay. Thank you, Anna. Questions, Council? Bird: I have none. Corrie: Is the applicant here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Huffaker: Yes. Corrie: Name and address. Huffaker: Mayor and Council Members, Brian Huffaker with Hawkins Companies, 8645 Franklin Road. Mrs. Powell, could you put up the messy Site Plan? I apologize, I didn't realize that there were so many lines in there it's just so confusing. You know, to keep it short, we concur with the staff report and the revisions or conditions in the staff report as we came out of Planning of Zoning Commission. Mrs. Powell addressed basically the two items, one being that the drive-thru Pizza Hut this time is fine with not pursuing that any longer at this time and so they revised to get rid of that. The other item is the house and, again, as we mentioned in the Planning and Zoning Commission, there is really no incentive to Hawkins Companies whether that house gets burned in July or whether it gets burned later in the year. We did approach the Meridian Fire Department and the correspondence I have had with Deputy Chief Johnson is they plan to use that house for their trainees, their graduating academy trainees or possibly during that training, which is scheduled somewhere around the last week of October to November. We are leaving that schedule to the Fire Department and they are the ones that are dictating when they would like to use that house. I certainly think it's a great opportunity for the Fire Department to have that training. If there is some concern, we certainly will work with them to have them do it sooner. We are just trying to accommodate their schedule. I think it was clear, at least in the intent with the Planning and Zoning Commission, to allow that overlap, if you will. What's driving the development right now is the Pizza Hut building. They are ready to submit their plans as soon as this approval process is complete, with the summer construction and possibly being open in September. Therefore, we are looking at a three or maybe a four-month overlap of having occupancy in use with that building there. What is unresolved -- and I think Mrs. Powell had some language there that I was comfortable with and I appreciate that. It is really a conflict in the development agreement. The development agreement states that the perimeter landscaping will be in place prior to the first commercial building occupancy. The situation we will have is possibly occupancy of the Pizza Hut with a house that encroaches that 25-foot landscape buffer by about seven feet or however long the house is, 20, 25 feet. I talked with Mr. Siddoway today. There was that concern of the development agreement requiring that buffer to be built, yet, we have got a structure over that with flames, and the damage could occur to the existing Meridian City Council Meeting May 27, 2003 Page 44 of 66 development -- or the existing landscaping. Maybe Mrs. Powell has the correct language to possibly allow a portion of this landscape here to be delayed until the Fire Department is able to burn the house down and we can go ahead and complete the other portions of the non-development agreement as originally intended. Other than that, we concur with the report and would answer any questions if you have any. Corrie: Okay. Council, any questions? Okay, very well. Huffaker: Thank you. Corrie: Thank you. Is there anyone else in the audience that would like to issue testimony at this time? Okay. Council? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Staff -- or, Mrs. Powell, what's the date of the revised Site Plan, so that I can insert that into the notes. th Powell: May 20. Corrie: Any other questions for the Public Hearing? Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. Just, again, Mrs. Powell, so the only thing that's really changed here is the front, right? Or the portion facing Cherry Lane? This is still the same as it's been, it's just this -- it's just this -- really this addition here and taking that fuel station out; is that the main -- Powell: You may need to ask the applicant. I don't have a copy of the old Site Plan with me right now. I just know the square footages haven't changed on the office building, so I assume it's in the same spot. I'm sorry. Huffaker: Mr. Mayor and Council Members, Brian Huffaker. I apologize I forgot that question was out there. What originally was approved was this same configuration of an office/retail building. There is, actually, a fast food drive-thru shown here. The old Save-On pharmacy was shown here with the 24-hour fuel use here that was in combination with the Save-On use. We really don't have any particular use back here, so we left that as it was originally approved. We kind of flopped the fast food use down here with the standard retail use here. Whether that turns out to be a fast food that we have to come through for a separate approval that might be the case. We do have some standard retail users that we think or hope we can keep in this similar configuration. And, then, obviously, the pharmacy use here in exchange for the 24-hour Meridian City Council Meeting May 27, 2003 Page 45 of 66 fuel center, is the pharmacy use. At the backside is the same the access points are all the same all the perimeter landscaping has remained the same. Nary: Thank you. Corrie: Any further discussion? Okay. I would entertain a motion to close the Public Hearing, then. McCandless: So moved. De Weerd: Second. Nary: Second. Corrie: Okay. Motion is made and seconded to close the Public Hearing on CUP 03- 013, any other discussion? All those in favor say aye. Opposed No? Motion carried. MOTION CARRIED: ALL AYES. Corrie: Further discussion? Hearing none, I'll entertain a motion on the request for CUP 03-013. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of CUP 03-013, request for Conditional Use Permit to modify operational hours and change building placement from the original approved CUP in a C-N zone for Cherry Crossing by Hawkins Companies. At the northwest corner of West Cherry Lane and North Linder Road, for Council to prepared Findings of Facts and Conclusions of Law and Decision and Order, with the modified Final Plat of May 20, 2003. Bird: I will second that, Mayor, with a motion to add one thing. We need to put a date that the house has to be gone by, the first of the year or February of 2004, or something like that. We have got to have some kind of a date. Nary: Do we need them to just workout the date or do we want to set a date? Bird: Well, if you work out a date, it’s 2006, and it's still sitting out there and our Fire Department still has to burn. Nary: I don't know that we have -- by February 1, 2004? Bird: Okay. I'll second that. Corrie: Okay. Motion has been made and seconded, any further discussion? Roll call vote, Mr. Berg. Meridian City Council Meeting May 27, 2003 Page 46 of 66 Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 20: Public Hearing: CUP 03-015 Request for a Conditional Use Permit to add a heliport with office and fueling – future landing pad and hanger on St. Luke’s Meridian southeast corner of property in an L-O zone for Medical Center by St. Luke’s Regional Medical Center – east of South Eagle Road and north of I-84: Corrie: Item Number 20. This is a Public Hearing, CUP 03-015, request for a Conditional Use Permit to add a heliport with office and fueling, future landing pad and hangar on the southeast corner of the property in an L-O zone for St. Luke's Meridian Medical Center by St. Luke's Regional Medical Center. At this time, I will open the Public Hearing on Item Number 20, CUP, and staff comments first. Powell: Mr. Mayor, Members of the Council, St. Luke's has recently leased a helicopter to -- a second helicopter for their Boise site. When that helicopter shows up at their Boise site, they have to get the one that's there out someplace else and right now they have been taking it to someplace where they can fuel it, but what they are proposing to do is come -- bring that -- excuse me. I didn't point out where St. Luke's was. I think you know where it is. The facility is located -- or will be located -- where is my arrow? There it is, down in the corner of the -- southeast corner of the property. They are proposing to construct a facility there to accommodate it. It would be a manufactured building with a wainscoting on it and -- it doesn't show the overall site. I'm sorry. It's a small portion of the site and the driveway here connects to the Touchmark facilities and, then, you would have the office here and the heliport here. The access would be -- eventually come through here and, then, come down, but for now it will be coming through the Touchmark facility. When that road eventually connects they will have direct access. The site is well located in that the helicopters will come over the freeway, rather than over a residential neighborhood. There was some discussion at Planning and Zoning Commission about what if they took off over Montvue. The FAA does not allow that, so those people would have recourse through that. The clear intent is that they would be coming in over the freeway and make use of that as a buffer to those residential neighborhoods. The area would also have a refueling station for the helicopters. There was a requirement that they submit a revised Landscape Plan and they have accommodated that. The revised Landscape Plan is dated May 14, 2003. Just to point out a couple of perhaps unusual conditions of approval. There is one that the refueling facility shall not be for commercial sales and that a future hangar structure may be built at this location without further Conditional Use Permit approval if located on site on the submitted Site Plan. On that, there really wasn't much discussion at the P&Z, so that will suffice for staff testimony at this point. Corrie: Questions? Comments? Meridian City Council Meeting May 27, 2003 Page 47 of 66 Bird: I have none. Corrie: Is the applicant here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Hall: Yes, sir. Corrie: Name and address, please. Hall: Mr. Mayor and Council Members, my name is Jeff Hall, I'm the director of architecture and construction services for St. Luke's. We are familiar with the staff report and the conditions, the other agency comments, and have no concerns with any of those. We are here and able to answer any questions you would have. Corrie: Okay, any questions at this time? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Hall, I know there aren't homes there right now for the Meadow Lake Village, but I guess I'm not clear as to how close this is to where the homes are going to be. Hall: Mr. Mayor and Councilman Nary, the homes are generally north and east of here. The southwest corner of their site, which would be closest to our southeast corner where we are proposing this, is planned for a maintenance facility and storage yard on the last master plan we have seen from our neighbors at Touchmark, now called Meadow Lake Village. They are familiar with this proposal and have no concerns. As staff pointed out, they are granting us access on their private road to get to the site. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: In looking at the P&Z minutes, you state that this helicopter is not necessary for the Meridian hospital, so why is it going -- why are you requesting it to be on this site? Hall: Mr. Mayor and Councilwoman de Weerd, we are relatively new to the helicopter ambulance business and our accommodations we have at our Boise location on the rooftop, what we call our East Tower, was never designed to house a helicopter full time. We don't have housing accommodations for the crew. We don't have refueling capabilities. It is merely a heliport for helicopters to bring patients to our hospital there and/or on occasion to remove them somewhere else. This accommodation is to provide appropriate housing for the crew, as well as a place to park the helicopter in between its travels. Meridian City Council Meeting May 27, 2003 Page 48 of 66 De Weerd: Isn't there a better place a little bit further out? You know, I know this is kind of far out on the Meridian city boundaries, but it's still kind of centrally located on where you would house it. I guess when I saw the application I was anticipating that it was more to work into the long term master plan of providing that sort of service to the Meridian hospital and after reading it as well it states that that would be more top of the building than right there. I guess I question why there -- why there? Hall: Good question. We studied many sites on many properties owned throughout the valley and this was the one site that made the best criteria of getting away from rooftops, having available landing places. It's preferable to land on the ground than up in the air, so we looked at many elevated opportunities on roof tops in Boise and we either didn't have the structural capacity on those roof tops or we had other encumbrances, trees, streetlights, power lines, such and so after a pretty extensive study, this was decided to be the most effective -- excuse me -- also the least disruptive location of all the properties we had. This can provide ambulance or ambulance services at the Meridian site. Our long-term plan for this campus is the most recently completed phase three project, which is the actual hospital beds and surgery rooms, in the long-term, will mirror or clip itself and double in size to the east of the current phase three. At that point in time will provide the structural capacity -- will propose to provide the structural capacity on the roof top, so we can land a helicopter on the hospital at that point in time to pick up or transport patients as well. We don't have the structural capacity on the roofs we have at our Meridian campus today. De Weerd: How much noise will they make? We had a Black Hawk land at the school a couple weeks ago, flew over our roof tops and you definitely knew the presence of that and distance is probably similar from our house to where that helicopter landed. I couldn't imagine listening to how often each day, you know, what kind of use would this have and that sort of thing. Hall: I have some people here that could probably answer the question more accurately than I can. We are projecting about 300 trips per year for the first year, we haven't completed our first year in business, and the longer-term projections are about 400 flights per year. We do have the director of Air St. Luke's with us, as well as one of our pilots who could probably better speak to the type of helicopter noise and such, if you like. De Weerd: Okay. Nary: I have a question for -- Corrie: Mr. Nary. Nary: What's your -- you said the long-term goal is to expand the hospital use and, then, build the structural capacity to land the helicopter there and basically abandon this site at some point in the future, at least for a helicopter site or just as an alternate? Hall: We haven't got into the level of detail. We certainly want to get helicopter landing opportunity on the top of the hospital, whether we would provide this long-term parking Meridian City Council Meeting May 27, 2003 Page 49 of 66 capacity and the housing at the hospital in lieu of this location or not, we haven't thought that through yet. Nary: Do you have any timetable of how long that -- Hall: We learned in our previous master plan efforts not to try and predict the growth in this area. It's many, many years away. Corrie: Any other questions? May be five years away. Hall: I suppose. Thank you. Corrie: Thank you, any other testimony? I believe James Rogers? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Rogers: Yes, it is. Corrie: Name and address, please. Rogers: Jim Rogers. I live on 1115 Rolling Hills Drive and we are opposed to this facility and if I may show you where that is located. This is Rolling Hills Drive -- this is the Rolling Hills Drive Subdivision and we live approximately here and, then, of course, there is the retirement community that's going to be filling this area right here. The prevailing winds in this area are primarily from the northwest to the southeast, which is approximately this direction right here. Most aircraft land against the wind. That means the approach could be directly over our place this way, rather than on the freeway, sometimes it could be directly over this area here. At this point the helicopters are not going to have a lot of altitude coming over these residents, 200, maybe 500 feet, Something like that in landing mode -- in landing mode and takeoff mode they are pulling a lot of collective, there is a lot of rotor noise and a lot of turbine noise coming off those helicopters. These can land 24 hours a day, seven days a week, as we said before, they are very noisy. In the military I walked under helicopters quite a bit, there is a reason to wear hearing protection around helicopters. As it is, we get a tremendous amount of noise from the freeway, especially during these northwesterly winds and wind storms or, you know, the westerly winds we get, just simply because it's blowing towards us. This is a noise we don't need to put up with, this additional noise, and we have no guarantee there is going to be one flight a day or there is going to be five flights a day. I'm asking you to, please, take into consideration the neighborhoods around us, plus the potential of the people who are going to be living in the retirement community over there, there is going to be older people and they are not going to appreciate that kind of noise. Thank you. Corrie: Any questions? Nary: No. Meridian City Council Meeting May 27, 2003 Page 50 of 66 Corrie: Anyone else to issue testimony? I'd like to hear from the pilot, if I could. I have got some questions I'd like him to answer. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? McClellan: Yes. Corrie: Thank you. I had one question -- oh, I'm sorry, name and address, please. McClellan: It's Bob McClellan. I live in Boise, 4478 Chinook. Corrie: Thank you. How would you approach that site? Could you go over houses or down the highway or how could you do that? McClellan: Well, that's the advantage of this place is being able to use the freeway as the approach and the departure path and even with strong winds the helicopter that we use is the quietest helicopter that is designed. It doesn't have a tail rotor, it isn’t as loud as the Black Hawk, that’s the advantage of this machine, and it's powerful enough that even with crosswinds we can utilize the freeways as our approach and departure path. We wouldn't be flying over the houses we'd either be making steep approaches, which would avoid all residential areas. There would be very few times it would necessitate flying over any houses. Corrie: Okay, any other questions? Bird: Sir, what are the decibels on a helicopter? What do they turn out? McClellan: Oh, I don't have that -- Bird: Ninety-two, 96, something like that or would it louder than that? McClellan: Lower than that. I think it's eight -- .82. Bird: Okay. That's -- I didn't think they were that loud. I would think it would be safer to come down on the ground than some of the times with the weather you guys land up on the St. Luke's, St. Al's, the roof tops, I mean I don't know how you put them down, sometimes, up there in the wind and stuff, so I think that this is a very, very safe landing place for helicopters to come in. McClellan: Yes, it is. Bird: It's probably as good as the airport or better. McClellan: Right. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. Meridian City Council Meeting May 27, 2003 Page 51 of 66 McCandless: I have question. Can you estimate the amount of flights you will have in and out, you know, on an average? McClellan: Oh, maybe one a day currently. It will pick up and one good thing about this location, our response time to Ada County and Canyon county will be much quicker than from downtown on I-84 or any traumas. It's ideal to service these local counties, because we are right there with the helicopter, so we get a request, we are airborne within five minutes and on our way to the patient. It's a good location to service Ada County and Canyon County on any trauma accidents. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Right now -- I mean you're saying that it's one flight a day, essentially, is what it sounded like, over the course of a fairly short period of time it was one and a half to two fights a day, somewhere in that range. I mean I guess what I'm concerned with is what kind of assurance can either you or St. Luke's give us about these neighbors' concerns? I think Mr. Rogers -- his concerns, he lives right in this area and, you know, there is no real assurance, this is not a car, that you're just going to be able to go straight down the freeway and make a right turn right there at the corner, so you have got homes on one side of the freeway you may have two crosses, you've got homes that are going to be fairly significantly impacted in this area right to the east -- I guess I'm not sure -- I guess I'm not really hearing what kind of assurance do we have that you aren't going to be flying over these people's houses. I assume there is a reason that they prefer to do landings on top of buildings and not next to residence, so what assurance do we have? McClellan: Well, when we make our -- when we make our approach to any of the hospitals that have heliports, we have to make -- there have make to our approaches over houses, though we are at a high altitude and we make a steep approach, it's not a low approach and you can take a large truck going down a freeway and that truck will almost be as noisy as the helicopter that we use to make these approaches. It's just a different type of noise. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. McClellan, perhaps you could describe what you -- what a steep approach is, what your average flight height would be down the freeway, when you would start that descent, you know, using this picture that's on the wall, you know, are you flying at 400 feet above the freeway, 500 feet, 1,000 feet? What's your distance above the freeway, when do you start that descent when you talk about a steep descent? McClellan: Well, we normally fly around a thousand feet over congested areas in route. So, we will start descending farther away from the hospital and, usually, at the 500 foot steep approach and you have -- well, it usually starts about 500 feet. Meridian City Council Meeting May 27, 2003 Page 52 of 66 Nary: Mr. Mayor? Corrie: Mr. Nary. McClellan: A pretty steep angle. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: There was some discussion at the Planning and Zoning Commission that the requirement was that they have to fly at least 2,000 feet. Was that just an error? McClellan: Two thousand feet? The FAA requires 300 feet above congested areas, but that's our minimum requirement, but 1,000 feet is normal altitude to fly. The traffic pattern at the Boise airport is 1,000 feet. Nary: I guess it's just -- it says in the minutes, it says the actual requirement says it must be about 2,000 feet above ground level and they would use the freeway to gain elevation. This is in response to inquires regarding Montvue and Meadow Lake and flying over these houses and so that was the testimony that was -- or that was the discussion, I guess. It's one of the Commissioners talking that it was 2,000 feet. What you're saying is that's not accurate? McClellan: Well, we can do any -- we can use any altitude that is needed, but the minimum requirement is 300 feet by the FAA. If that's what it necessitates to go over all of these subdivisions, well, that's what we can use. You just don't come to 2,000 above the hospital and, then, go straight down, you got to have an angle of approach, which can be 45 degrees or be 60 degrees, according to how steep of an angle you want to take. You're not limited to any specific altitude. Corrie: Any other questions? Okay. Thank you. Anybody else that hasn't testified that wants to testify? Okay. Council, questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would have a question for Mr. Hall. I was wondering if you have any information on decibel levels on the noise that would be generated by the helicopters, versus the noise that already currently exists on the I-84 and, you know, I guess to really put that noise into perspective. You know, it's a new noise, but is it any louder than what is currently being generated by I-84? Hall: Mr. Mayor, Jeff Hall. I do not have comparative data on this helicopter and any other ambient background noise. Corrie: I believe the pilot said it was about equal to a truck at that point there, so -- Meridian City Council Meeting May 27, 2003 Page 53 of 66 Bird: I know that it's 80 -- their decibel is only 83 -- or 80 decibels. They are right with a truck or even a loud car, because I know at the speedway that the racecars run about 92 -- or 92 decibels is what they are allowed. They are not -- those helicopters are not that loud. I've had -- not the privilege, but the necessity over the last two months to be in St. Al's a lot and I had the privilege of listening to the helicopters come in and they are not that loud, they are not -- you can -- you're in the hospital right next to it in one of the wings, you can definitely hear them, but they are not any louder than the traffic noise on the interchange going down the road. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: You know, this is a fairly unique use, but it isn't like it's the only use, so I guess I didn't see in the staff report that there was any inquiry with Boise as to whether or not they receive a lot of complaints or concerns expressed about the use at St. Al's. I mean they have an alternate pad that they have, it's adjacent to the freeway, that they use on a rare occasion, but I guess I'm not -- I guess I'm still uncomfortable with this type of use and the uniqueness of it. We don't really have a whole lot of input as to how much bother it's going to be, other than Mr. Rogers says it's going to be a bother and nobody else can tell me it really isn't. I guess I'm a little concerned and right now, we don't have residents, but people call us because the speaker in a drive-thru is too loud and people call because their neighbors are playing their radios too loud. I just think this is really a risk to us. I mean I said to the other gentleman, I mean there is a reason that this -- these things are supposed to land on top of buildings, is to keep them as far away from houses as they can be and I guess I don't have any data and you don't have any and I don't think the staff has any to say these really aren't -- these really are like a loud truck. Hall: Mr. Mayor, Commissioner Nary, I have been with St. Luke's for over 13 years and we did relocate the heliport to a ground location and we added onto the top of the hospital in the early '90s and it landed on the ground for over a year within a half a block of the East End Neighborhood Association Warm Springs residents and we -- in over a year I can only think of one complaint from the residents. It's somewhat anecdotal, but that's our experience. Nary: Is that at least one a day? At least one landing a day every day? Hall: I don't have that data. My office is a house directly across the street from the emergency room underneath where the helicopter lands and you do hear the helicopter land. You do hear the difference between the two different helicopter services, and including the military on occasion, and I can attest that the pilot is correct, this is the quietest of the machines that come and go from the hospital in Boise. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting May 27, 2003 Page 54 of 66 De Weerd: I guess when I thought it had something to do with the medical center, it could be easily -- more easily justified than housing a machine that -- that I know when it was at St. Luke's it was just getting up and getting started, so the frequency is certainly going to be different than this location. It is a prime location for it, you cannot argue that point, except where there are residences and there is a whole big subdivision that I don't think they know one thing about this proposal. I would be -- I would like to have a little bit more information on decibels, on how it compares to the freeway, because I haven't really thought -- you know, I was looking at the noise I heard in my subdivision. I'm not next to the freeway either that creates noise different, but, you know, it's certainly -- I don't know how it compares to each other. Just guessing is not something that I like to base my decisions on. I also would like to get maybe a letter from the neighborhood association on how it didn't -- or how neighbor friendly it was, as it -- I mean that is a close knit area and if you only got one complaint, that's very amazing, but how many landings did it do? I guess I would like a little bit more information. I don't know what the rest of the Council feels, but I would like a little bit more information, so I could better put this in perspective. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I guess I would concur, except the one thing, I guess, we haven't talked about -- two things we haven't talked about. I don't see any buffering. I mean one of the reasons we abate the noise to these residences along here -- my recollection is there is a -- this wall that runs all along the berm right here, with the trees, huge trees, along this way. I don't recall on this side of the freeway, but that's why they built the masonry walls and why they built the fencing and trees and all that to create some sound buffer, just so that the noise from this freeway doesn't impact these residents. I don't see in here that we had any real buffer to this pad and recognize there is probably a reason for that, from a flight saving standpoint, but that's also is the trade-off to the noise issue and I don't know if there is a solution to that. The other thing is I don't see in our staff report conditions that give us some ability to deal with this. Like I said, from an enforcement standpoint, when these neighbors -- if it's a problem, you're not there, this gentleman who testified is not the pilot and they are flying over houses. That's just the way they do it and three to five years from now it's a problem and all of these neighbors are really mad, I want to have some enforcement mechanism to deal with it and right now I don't know that we have any. I don't know that we have a lot. I guess that's one of the things I would -- if we have the opportunity to get more information, I'd like both of you, as well as the staff, some ways to abate some of these issues, as well as enforce it later if it becomes a problem. Hall: Mayor Corrie, Commissioner Nary, a couple comments. Those conversations were held before the P&Z. One of the things, because it appears that one of the Site Plans is missing that shows the flight approach and take-off angles that are required of us by the FAA. It was felt that our -- a pilot -- a pilot who would be authorized to land here, who was not obeyed by FAA or being not neighbor friendly, would be dealt with by other agencies by the City of Meridian. Addition to that, I may not be here, but St. Luke's has been around over a hundred years now and I suspect they will be a lot Meridian City Council Meeting May 27, 2003 Page 55 of 66 longer than I am and St. Luke's will be responsible for our neighbors to the city to make sure that if there are concerns, we take care of them. We offered at the P&Z if there were any conditions, you issue to add to us to protect the neighbors or to indemnity yourself, if you will, for any problems that you perceive you may cause considering you entertain or we could be welcome to such a condition. Nary: Okay. Hall: If that helps in you're decision-making process. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess, Jeff, you're using the landscape buffer that currently exists and that's pretty well elevated. You could not see this from like I-84, could you? Hall: Mr. Mayor, Councilwoman de Weerd, no, the landscape buffer that existed, you're referring to the large berm. That is on the Touchmark property and it tapers off before it reaches our property. Commissioner Nary is very correct in his assumption that -- that buffering and shields are contrary to the approach and take-off and trying to nail it to the ground and that's why staff has allowed us to rearrange some of the trees that are required and the buffer, so that we don't grow trees up in the approach and take-off angles from the freeway to this pad, so just the nature of this beast does kind of prevent us from some of the screening that we are allowed between a residence and the freeway. De Weerd: So, you would be able to view the helicopter from the freeway as you -- on the off-ramp or the on-ramp going onto Eagle Road. Hall: Yes. I believe so. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Hall doesn’t the FAA and them people require how you land and take off and all that kind of stuff? I mean they have got a lot stricter requirements than the City of Meridian could ever put on and as far as a pilot, if he loses his license, he's lost his job, so -- Hall: Mr. Mayor, Councilman Bird, we do have a quite extensive application that is submitted to the FAA that does survey all residential, school, and church roof tops within a one mile radius and it looks at the lessor densities in a three mile radius and they are the ones that direct us to fly our approach and take offs. In conversation with the FAA -- not to speak for them, but this is also a very safe site, they like the idea of coming up and down the interstate and not being located somewhere else more central, if you will, and away from the interstate. Meridian City Council Meeting May 27, 2003 Page 56 of 66 Powell: Mr. Mayor, Members of the Council, can I ask for clarification from the applicant, perhaps in anticipation that we will be working together to find some resolution here. Can you explain if there are things that would prohibit you from more centrally locating that within your campus, rather than putting it out on the extreme edge where you are, kind of leading towards more residences? Would it be possible to pull it towards your parking lot more? Hill: Mr. Mayor, Mrs. Powell, yes, we have studied those other alternatives and the reason it's in this location is because of the freeway. Any direction we would move from this location would be closer to the retirement community at Touchmark or getting closer to our neighbors in the Montvue Subdivision to the north of us. That just adds to the reason it's located here is as far away on our property as we could get it from the closest residence and, then, again, adjacent to the interstate noise there and accessibility. We will look forward to working with you on this. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: You know -- and I don't know anything about all of this, but it just seems if you're conscious about Montvue, the hospital is a great buffer on that. This puts it more in line to seeing it and you don't have the buffer of the hospital. By moving it a little further west and you have -- I don't know. I think you will have fun working with our P&Z director. I just would feel better if I had better information on what noises already exist and how that could actually wash with the noise that you would be bringing in. Corrie: Any other questions? Hall: Thank you. Corrie: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we continue this Public Hearing -- would a week give you enough time or two weeks? One week? To June 3, 2003? Nary: Second. Corrie: Okay. Motion -- Nary: You want to make it specific as to what they are -- De Weerd: Yes. Specifically, to get further information about the noise levels, noise of the helicopter compared to existing decibel levels currently out there due to the I-84, Meridian City Council Meeting May 27, 2003 Page 57 of 66 response from the neighborhood association when the helicopter was landing at St. Luke's, just on how -- I guess not how good of neighbors they were, but just on the experience they had and to add Councilman Nary's concerns about landscape buffering and what was the -- Nary: I guess some enforcement types of conditions that we could deal with if there is a problem. De Weerd: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: How many homeowners associations -- how far are you going to go? Ten-mile radius? Five-mile radius? Three-mile radius? How many have homeowner associations? Some of those are old subdivisions out there that don't have it. De Weerd: Mr. Hall mentioned one homeowners association and I think that pretty much takes care of that northeastern part there by the high school -- or I mean by the -- high school -- by the hospital and so that's the only one I'm concerned about, the one immediately close to the St. Luke's in Boise. Bird: Oh, you're talking about the east end. De Weerd: Yes. Bird: Oh. Okay. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, just to remind you this gives staff two days to get this done, to get the information in your packets before next week by only giving them one week from tonight. Nary: Well, I know they are good, but I don't know that that's very fair. Corrie: I think you're better off the 10th. De Weerd: I would amend that to the 10th. Nary: I concur. I would only make one other comment, while Mrs. McCandless decides what she's going to do. I think there’s more good than anything here. I think there are some very positive attributes to the city, but we have sat here time after time with people complaining about things we did. I want to be able to say we addressed it, we looked at it, we tried to address the concerns as best we can and I don't want to have to Meridian City Council Meeting May 27, 2003 Page 58 of 66 be here kicking myself later that we didn't do that. I think we really need to address some of these concerns and I think that we will feel at least more comfortable than I feel tonight, so -- McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I just wanted to make a comment sitting here thinking, we live in a society of noise, and there is no getting away from it. We have fire engines and their sirens, we have ambulances and their sirens, we have police cars and their sirens, and we have a racetrack in the middle of Meridian that some people complain about, because it's noisy, too. These are -- with the exception of the race track, these are emergency vehicles, they are used in emergencies, and the helicopters that would be there -- or the helicopter, I was at a -- I was at a demonstration of one these helicopters at one time and they aren't as noisy, because they don't have the tail rotor. It seems to me that there is not going to be -- when they leave here, if they are based there, they leave here, they are going for an emergency, someone needs them very badly and, then, they come back and wait for the next emergency, is that correct? I don't know that I just -- I don't object to them for those reasons. Corrie: Any other comments. Bird: I have got a good comment. You can tell who has got the age on this Council. You have to ask them guys once in awhile. Corrie: You don't want me to break the tie. Bird: No. De Weerd: Either that or hearing levels. Corrie: Any other comments? Okay. We have a motion before the Council to continue the Public Hearing until June 10, 2003 to gather more information stated, any further comments? Okay, roll call. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Just for the record, if it was a tie, I believe that you really need a helicopter when you need one, but I would give the two more weeks extension for you fellows and what you can get back for us. I don't agree with everything that's said tonight, but we will see what happens in two weeks. Thanks, Jim. We will have a Continued Public th Hearing, then, until June the 10. MOTION CARRIED: ALL AYES. Meridian City Council Meeting May 27, 2003 Page 59 of 66 Item 21. Public Hearing: CUP 03-016 Request for a Conditional Use Permit for The Library a craft store and coffeehouse in an O-T zone for by Craig Rittenhouse – 141 East Carlton: Corrie: Public Hearing on No. 21. This is a request for a Conditional Use Permit for a craft store and coffee house in Old Town Zone for The Library by Craig Rittenhouse, 141 East Carlton. At this time, I will open the Public Hearing on Item Number 21, CUP 03-016, and invite staff's comments first. Powell: Mr. Mayor, Members of the Council, this project is located at -- it's an existing nd use, located at the corner of 2 Street and Carlton and they also have frontage on an alley, as you can see in this picture. It is an existing use. They do have an approved Conditional Use Permit that was granted in 1996 for a craft store and an espresso stand -- or espresso shop and because the applicant is -- plans on expanding the existing building, they were required to come in and get a new Conditional Use Permit and that's why they are here tonight. The parking requirements per our code would require 14 spaces for this use. They currently are able to provide four and those are located -- how come Brad gets this arrow up right away and I can never find it? I'm sorry, if the arrow will come up sometime here. There it is. The four spaces are located here. They are off the alley, so you turn the corner here. You can come in and park. The applicant has made arrangements with Chapel of the Chimes parking to use -- to use their excess parking during the day. Now, they typically have a lot of available parking, except when they are having an actual service and, then, that parking is used up. The requirement of the Planning and Zoning Commission was that they obtain a shared parking agreement to allow patrons of The Library Coffee House to use the Chapel of the Chimes parking lot and that's still -- we are still requesting that that remain as a condition of approval. The applicant has brought in a new letter that he will give you tonight that states that the Chapel of the Chimes is willing to work with them on that, but we do want to see a recorded document, rather than just a letter. We also have received a letter from the Meridian Library District saying that the name of the proposed use does bother them. The applicant's letterhead, which he, actually, has a letter for you tonight on his new letterhead and it is The Library Coffee House. It's just not the library. That is something you will have to decide for yourself. There is not much in the zoning code about naming businesses, so -- the applicant did submit revised plans and they are dated May 22nd. We received them May 23rd. The SSC asked us to put a hold on it until they could approve the garbage can located, which is right -- right there by the parking spaces. There we go. Right there. And this issue didn't come up at the Planning and Zoning Commission and, hopefully, the applicant can address it. For right now they are just on hold and there are some opportunities to make that work. MDC was -- we sent a transmittal to the MDC, they did not comment. And that's the end of staff's presentation, other than it does rely on the parking agreement with the Chapel of the Chimes parking. The condition of approval suggests that if that -- if they are not able to secure that shared parking arrangement, then, they would need to come in for a Variance. This is a corner lot, so there is a fair amount of on street parking available for it as well. With that, I will conclude staff's testimony. Corrie: Thank you. Questions? Meridian City Council Meeting May 27, 2003 Page 60 of 66 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Anna, can't you use the on-site parking or the street -- Powell: There is nothing in our code that would allow us to at this point. Certainly, if they were required to come back for a Variance, that may be one aspect you could look at as kind of mitigating the need for that Variance, but there are specifically off-street parking requirements. De Weerd: Wasn't the parking code on our list to amend? Powell: Members of the Council, in particular related to Old Town, I think that that is one of the specific things that they are looking at is the parking requirements, because this is the Old Town area and there are special parking issues. De Weerd: Thank you. Corrie: Any other questions? Okay. Is the applicant here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Rittenhouse: Yes. Corrie: Name and address, please. Rittenhouse: My name is Craig Rittenhouse. I live at 597 North Liberty Street and I'm the owner of the property at 141 East Carlton. Good evening. I received the packet and read the staff report and have no objections to their comments. There were a couple of questions that were brought up and I'd like to address them and, then, would be happy to answer others. First with the parking, the previous owner of this business had a cross-access agreement with Chapel of the Chimes and Chapel of the Chimes has a 70 plus car parking lot right next door. They do about two funerals a month and we had decided -- I met with the general manager there and he's very happy to offer these for parking. They have an insurance situation whereas they can't have any flammable items on their property and that would include things like a lawn mower they use to cut the grass. They need to store that off site, so in exchange for it, they have a little shed that's on my property that they are able to use, so it's a good agreement between both of them and we also agreed that whenever there is a funeral they will get signs put out saying funeral parking only. I do have a letter from them stating that there is a parking agreement and when I was working with P&Z they also asked about the frequency of the parking, which is two times a month at the funeral site and that will be posted, so I have a letter just stating that myself and I can give this to the city clerk. Also with this type of business there is the high school across the street, there are churches all around the property. We also have the DMV there, as well as the post office. There is -- according to the previous owner, there is an incredible amount of foot traffic that comes in and so a lot of the business is there. I think between the cross- Meridian City Council Meeting May 27, 2003 Page 61 of 66 access agreement, making my best effort to add as many parking spaces as possible, including a handicapped spot, there with the foot traffic and, then, fourth, on the Carlton nd side and also on 2 Street, which would be just on the bottom side of this, which is, actually, east of the property. There is plenty of street parking and, of course, P&Z said that they can't guarantee that whoever is parking in a certain spot is for my business or not or for the church across the street, but on all sides of the street here there is plenty of street parking as well. In working with the architect, I think we need -- once we starting tearing down other parts of the building -- we are not expanding at all -- we are making the best effort we can to handle the parking. Second, on the name, I went through my notes and it's kind of humorous. I registered a business name called The Library Coffee House, registered it with the state, and the idea behind it is there were going to be a lot of books and Victorian furniture and rather than a Starbuck's type of place, this is a place where you can come in and relax. There is a meeting room there so small businesses can have meetings with up to 10 people comfortably and enjoy some coffee or tea when they are there. It's going to have lots of books, lots of local artists we will have oil paintings and crafts, et cetera. It's going to be a very unique location and the name is The Library Coffee House. The architect that I'm working with, he told me couldn't fit the whole name on the plan, so he shortened it to The Library, which got translated into The Library just being posted everywhere on the P&Z documents and so on and so forth. In fact, the first time that I came here to pick up a packet, the girl at the clerk's office asked me if I was opening a coffee house in the Meridian Library, so I certainly don't want to confuse the two. The signage that we have, using the existing sign there, will say The Library Coffee House, all the marketing, et cetera, et cetera. It will be clear. Third is regarding the trash enclosure. The question right now with the sanitary department is I don't know how big a trash can I'm going to need and they just want me to come down sometime and tell them how big it is and, then, we will know how big the enclosure needs to be. The way it opens there, we designed it so that if we need a trash can like you have in the rear of your building with the big swing up things, they would be able to bring a truck in and drive straight in, pick it up, dump it, back out, and head out through the alley. That's the intent behind the plan. We just don't have a specific size yet. I'm flipping coins asking for advice from other businesses on how big a trash enclosure we are going to need. We will clarify that before building, obviously. That's -- those are the three questions that came up. Be happy to entertain any others. Corrie: So, it is called the Coffee House -- Rittenhouse: The Library Coffee House. Yes. Corrie: Okay. There is no -- no copyright with the library, so -- Rittenhouse: It is. It is. And we have my architect to thank for that. Corrie: Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting May 27, 2003 Page 62 of 66 Nary: I think this sounds like an excellent addition to the Old Town area, so there may be a little confusion there, but it would be more of a concern for you than the library, because where the library is -- you know, I think that's something that's going to be a challenge for you, but I think it's something that's going to be very nice, so -- Corrie: Okay, any other questions? Okay. Anything else? Rittenhouse: Thank you. Corrie: Thank you. Is there anyone else from the public that would like to issue testimony at this time? Okay. Council, any other questions for the Public Hearing? I will entertain a motion to close the Public Hearing. Nary: So moved. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Item 21, CUP 03-016, and any further discussion? All in favor say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any other discussion? Entertain a motion now on the request for a Conditional Use Permit. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move that we approve CUP 03-016, request for a Conditional Use Permit for a craft store and coffee house in an OT zone for The Library Coffee House by Craig Rittenhouse at 141 East Carlton, to include all staff comments and applicant's responses. I don't think there is any need to wait for SSC, I mean you can file that approval and for counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the request for a Conditional Use Permit, any further discussion? Roll call vote, please, Mr. Clerk. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for Conditional Use Permit is approved. MOTION CARRIED: ALL AYES. Meridian City Council Meeting May 27, 2003 Page 63 of 66 Item 22. Public Hearing: CUP 03-019 Request for a Conditional Use Permit for the demolition of one of the two existing buildings and replacing with one New Horizon new building for the same use – child care in a C-C zone for Child Care by New Horizon Child Care – 1830 North Meridian Road: Corrie: Item No. 22 is a Public Hearing, a request for a Conditional Use Permit for the demolition of one of the two existing buildings and replacing with one new building for the same use - child care in a C-C zone for New Horizon Child Care. At this time, I will open the Public Hearing on Item 22 with staff comments. Powell: Mr. Mayor, Members of the Council, this is an existing use on Meridian Road. You can see the existing buildings there and they are bounded by an irrigation ditch to the east and north and so we shift -- the north arrow shifts on the Site Plan, just for reference. Meridian Road is down here. The existing building is right here and that one will remain. The two buildings that will be demolished, one is right here, the second is right here, the elevations of the new buildings. I will go back to the Site Plan in just a moment. These are the existing buildings and the existing play yard. There are a number of existing trees on the site, just to the -- they have trimmed them off. They are just to the south of this -- of this building here, they have proposed to save those trees, and in exchange for that they are asking for a 10 percent reduction in the parking spaces. That would equate to four spaces. As you look at the Site Plan, it is a little tight, an unusual site, and to accommodate the existing structures they have -- they enter the site here, there is parking here, and, then, parking there is parking along here, the perimeter here, here, and here. Now, there was concern at the Planning and Zoning Commission about an approved fire turn around. The fire turn around will be in this area here, so they will back out into that area, come forward, and you see the striping there also is to accommodate the approved fire truck turn around and, then, they can head back out this way. The new structure is shown in the heavy lines here. They meet -- the structure just meets the required landscape buffer here. There was a discussion at the Planning and Zoning Commission, because originally they had a sidewalk that encroached within the required buffer. That sidewalk was connecting a required fire escape located in this area to the driveway here. What we have received is a revised Site Plan that just shows the pad for the door, the exit pad, and there is no sidewalk, so that is just an emergency exit and that will remain there. There was quite a bit of discussion at the Planning and Zoning Commission about possibly relocating that exit and, then, not having the need for the sidewalk, but what they have elected to do, instead, is to keep the door there and, then, just put the exit pad, but not to have the sidewalk within the required buffer. The only other condition coming out of the Planning and Zoning Commission was to pay some additional fees and they have met that requirement and those were the primary issues that came up at the Planning and Zoning Commission. I'll stand for any questions. Corrie: Any questions? Okay. Thank you, Anna. Is the applicant here tonight? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Cole: Yes. Meridian City Council Meeting May 27, 2003 Page 64 of 66 Corrie: Thank you. Cole: Mr. Mayor, Members of the Council, I'm Renee Cole with New Horizon Child Care and we completely agree with staff and I'm here for any questions. Corrie: Okay. Any questions? If you want to talk for 30 minutes, you can. Cole: That's quite all right. Corrie: Thank you. Bird: Don't say that. Corrie: Okay. They have no questions, then. Thank you. Cole: Okay. Corrie: Council, any other questions for the Public Hearing? Nichols: Mr. Mayor? Corrie: Mr. Nichols has a question. Nichols: Anna, what's the date of the Site Plan? Powell: Mr. Mayor, Members of the Council, I seem the only have an eight and a half by eleven that is not dated. Oops. Pardon me. Hold on. May 13th. Corrie: Okay. Thank you, any other questions? I'll entertain a motion to close the Public Hearing, then. Bird: So moved. McCandless: Second. Corrie: Motion made and seconded to close the Public Hearing. All in favor say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. Corrie: I'll entertain a motion, then, if there is no further discussion on the request for the Conditional Use Permit, CUP 03-019. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting May 27, 2003 Page 65 of 66 Bird: I would move that we approve the Conditional Use Permit, CUP 03-019, for the demolition of one of the two existing buildings and replacing with one new building for the same use child care in a C-C zone for New Horizon Child Care by New Horizon Child Care, 1830 North Meridian Road and the attorney to draw up all the Findings of Facts and Conclusions of Law and Decision of Order and to incorporate staff comments and applicant's testimony. De Weerd: Second. Corrie: Okay. You have heard the motion. Made and seconded, any further discussion? Roll call vote, please. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Conditional Use Permit is approved. MOTION CARRIED: ALL AYES Corrie: That is the last item on the agenda. I would like to ask the Council one question th before we close. On June 16, that week, do you want to have the meeting on Monday or not have a meeting at all? De Weerd: No meeting. McCandless: No meeting. Corrie: No meeting. Okay. Does that satisfy -- Nary: No meeting sounds good to me. Corrie: All right. No meeting. Berg: Just a reminder to make sure you get your registration in to me. Corrie: Yes. That's tomorrow is the last day. I notice that Mrs. McCandless has hers in. Nary: I turned mine in. Corrie: Okay. We have got two left to go, so -- okay. Anybody else have anything? Then, I will entertain a motion to close the meeting today. De Weerd: So moved. Nary: Second. Corrie: Okay. All in favor say aye. Meridian City Council Meeting May 27, 2003 Page 66 of 66 De Weerd: Well, someone seconded it. It was Mr. Nary. Corrie: I assume that everybody wants to leave. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:41 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK