HomeMy WebLinkAbout2007 02-13
Meridian City Council Meetina
February 13. 2007
A meeting of the Meridian City Council was called to order at 7:10 P.M., Tuesday,
February 13, 2007, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Joe, Borton, Keith Bird, Charlie Rountree
and David Zaremba.
Others Present: Bill Nary, Will Berg, Caleb Hood, Len Grady, Gene Trakel, Ron
Anderson, and Dean Willis.
. Item 1:
Roll-call Attendance:
Roll call.
X David Zaremba
X Charlie Rountree
X
X Joe Borton
X Keith Bird
Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and get tonight's meeting started. Welcome to you
all. It is Tuesday, February 13th. It's ten minutes after 7:00. We will start tonight's
meeting with roll call attendance. Mr. Berg.
Item 2:
Pledge of Allegiance:
De Weerd: Item No.2 is the pledge of allegiance. It's been a tradition of this Council to
ask the youth in our chambers to lead us in the pledge. Well, tonight we are going to be
led by the Meridian Senior Center board members. So, if you will, please, come forward
and all rise and join us in the pledge.
(Pledge of allegiance recited.)
De Weerd: And I would also like the board -- if you will stay up here for a moment. Also
one of the traditions is we give them a City of Meridian pin for leading us in the pledge.
So, I would like to present that to each of you. Thank you. I didn't think you wanted
pencils. It's very nice having you here with us tonight.
Item 3:
Community Invocation by Joe Anderson with Cole Community
Church:
De Weerd: Item No.3 is our community invocation. Tonight we will be led by Joe
Anderson. He is with the Cole Community Church. If you will all join us in the
community invocation or take this as an opportunity for a moment of silence.
J. Anderson: Let's pray. Lord God, creator of our spirits and the universe we live in,
sustainer of life and the giver of all good gifts, we pray to you today for our many
blessings, our family, friends, and neighbors who encourage us and lift us up, the
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February 13, 2007
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provisions of food, refuge and safety, our health, which we can never take for granted
and the opportunity to gather today in your presence and conduct the affairs of this
great city of Meridian. May we please you with our just and loving actions. Give us
wisdom from heaven to understand that which is best. Teach us humility, mercy,
meekness and sympathy towards our fellow man. Make us into people of pure motives,
peacemakers. Psalm 46:1-2 says: God is our refuge and our strength, an ever present
help in time of trouble. Therefore, we will not fear. Give this protection and strength to
our men and women in the military, our police officers, and firefighters who protect our
freedom and our lives. Bless them good. Be with our Mayor Tammy de Weerd, our
City Council members and officials, and our citizens this evening. Clear our minds,
shape thoughts, and fill our hearts with justice and concern for our neighbors. Proverbs
16:9 says: In his heart a man plans his course, but the Lord determines his steps.
Amen.
Item 4:
Adoption of the Agenda:
De Weerd: Thank you, Joe. We appreciate you being here with us tonight. Okay. Item
No.4 is adoption of the agenda.
Bird: Madam President? Or Madam Mayor. I'm sorry.
De Weerd: Mr. Bird. Mr. What's Your Name?
Bird: I would move that we approve the agenda with these -- with one exception, which
we will get to when we get there. Item 17 has been asked by the applicant to be
continued to February 20th, 2007. Items 19, 20 and 21 are ordinances 07-1296, 07-
1297, and 07-1298. With that I move we approve the agenda as noted.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the agenda as noted. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5:
Recognition of Jerry Knox with Meridian Senior Center:
De Weerd: Council, Item No. 5 is recognition of Jerry Knox. He's retiring as a board
member and longstanding president of the Meridian Senior Center and I have some
facts and figures here. So, Jerry, if we are not wrong we will blame Shelly. If they are
glowing and you feel very special, then, they are all mine. Jerry Knox is our outgoing
president of the Meridian Senior Center and he's 81 years young. I have had the
opportunity when I was their advisor on the board in serving with both Jerry and his wife
Norma and feel very privileged to have been there. Now, I would say there was never a
dull moment at those meetings. They kept me on my toes and they certainly gave me
things to do. Jerry has been married for 57 years to Norma, who also is a board
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February 13, 2007
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member, and I think she continues to serve. He's served as president for the Meridian
Senior Center for eight terms. Projects that he has helped to make happen is the carpet
being replaced. Wheelchair accessible ramps. A grant to buy their bus. And there has
been many projects that I think are just too numerous to list off. Cindy Hill, the
coordinator at the senior center, describes him as the go-to guy and that certainly is. I
think Jerry rarely missed a meeting where he read the announcements. He was kind of
the MC of every luncheon. I think that they probably spent more than three hours a day
at the senior center. They got -- they went and got food from the local grocery stores to
provide to set out for the seniors to pick up. They were always doing something. I
know they were very integral in the bingo -- the weekly bingo and I remember those
conversations and discussions quite vividly. I think I still dream about them. Jerry will
help -- continue at the senior center in recruiting seniors and letting people know what a
good place it is to go and Norma will continue to remain on the board. And the new
president is also with us tonight, Ken Altig. What I would like is if Jerry could join me up
front, I will present a plaque. And, Jerry, you know, I really appreciated serving with you
and consider you a friend and I appreciate the service that you have given to the senior
center and to our community and this is a certificate of recognition presented to Jerry
Knox in recognition of your personal investment of time and talent to make a positive
difference in the lives of Meridian seniors. Your tireless work and leadership on behalf
of the Meridian Senior Center is greatly appreciated and sets a shining example of care
for us all. Thank you so much for your service.
Knox: Thank you.
De Weerd: We also have this tabbed folio for -- you know, I didn't dare give it to you
while you were president. He'd fill it with orders and work and I knew Cindy would, then,
be my enemy. But now that you're done I give this to you for you to write your memoirs
and --
Knox: I'll have to call on her. She's my boss.
De Weerd: Your travel excursions. And, again, our eternal gratitude. If you would like
to say a few words certainly would -- you would have to say them in here, because we
definitely want them on public record.
Knox: Well, in that case I will say something. I really appreciate this. It's -- I had no
idea. And I really do appreciate it and as you say, I will continue to work with the
seniors. It is nice, though, to let somebody else do it and I said for a long time we need
more blood down there. New blood. Mine's getting old. So, anytime you hit the 80s
you better start looking for somebody else. So, that's -- but all in all, though, I have
enjoyed all the work I have done with you and I appreciate it. And so it's -- I'll still be
around I hope for another 15 years.
De Weerd: We are counting on it. Okay. I will give you that now.
Borton: Madam Mayor?
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February 13, 2007
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De Weerd: Yes, Mr. Borton.
Borton: If I could add briefly to your remarks is we sit up here and it's particularly telling
on the City Council when you're trying to make decisions and balance competing
interests. I have known Jerry and Norma for many years over at the senior center in a
variety of capacities on the board, through your president leadership and one of the
things that -- the traits that you have which very few, if any, have like you is your ability
to call it like it is. You are always extremely frank and consistent with whatever your
decisions are. You do not waiver if it's an unpopular decision, but it's right for the
center, you always make it and at the time it might not be a popular decision and I have
seen you make things that -- make decisions that people might question and it turns out
good for the senior center. I have seen it years -- years and years and I think Norma
knows you best more than anyone, that you have that leadership skill that not many
people have and as a Councilman I sit up here and when I think about making decisions
and holding true to what's right I think of the way you lead the center and I want to thank
you for showing that example. I wouldn't dare.
De Weerd: An only Norma can. If she were here anyway. The rest of us did try and
those -- I don't think we could have said it better. Your frankness, Jerry, sometimes I
know is seen as stubborn, which it has been, but it has been consistent and I know that
everything you have done has been out of your love for that senior center and it's
greatly appreciated. So, thank you for joining us tonight. Thank you for allowing us a
moment to show our appreciation for your help. Thank you.
Item 6:
Proclamation for FFA Week:
De Weerd: Okay. The next item on our agenda is a proclamation for the FFA. Do we
have a representative here with us tonight? Okay. It is next week or I guess it's the
beginning of this weekend. It is FFA week and so I will read the proclamation.
Whereas the Future Farmers of America and agriculture education provides a strong
foundation for the youth of America and the future of the food, fiber, and natural
resource systems, and whereas the FFA promotes premier leadership and the personal
growth and career success among its members, whereas agriculture education and the
FFA insure a steady supply of young professionals to meet the growing demands in the
science, business, and technology of agriculture, and whereas the FAA motto: Learning
to do, doing to learn, earning to live, living to serve, gives direction of purpose to these
students who take an active roll in succeeding in agricultural education and whereas the
FFA promotes citizenship, volunteerism, patriotism, and cooperation, therefore, I,
Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the week of
February 17th through the 24th, 2007, as FFA week. It's here in the City of Meridian in
recognition for their success of the Future Farmers of America program and this
community, dated this day, the 13th of February, 2007. And if there is no representative
here to present this to, we will be presenting it to them later this week and please join
us. They are important contributors to our community. I know they always have
recognition for the kids and all of their achievements and these are kids that achieve
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February 13, 2007
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many great things and they continue the roots I think that our community was built upon.
Okay. Council--
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: To add to that, I believe their breakfast is this Friday, isn't it, Will?
Berg: Yes.
Bird: This Friday morning everybody is invited. They serve a very nice breakfast.
De Weerd: Meridian High School.
Bird: At Meridian High School.
De Weerd: It's generally very early. Mr. Berg, what time?
Bird: 6:30?
Berg: 6:00 to 8:30.
De Weerd: Okay. 6:00 to 8:30. I think Mr. Bird sometimes is the only one up at 6:30,
but we would love to see the community out for this great event. Thank you, Mr. Bird,
for bringing that up.
Item 7:
Consent Agenda:
A. Approve Minutes of December 12, 2006 City Council Regular
Meeting:
B. Approve Minutes of January 8, 2007 City Council Special Joint
Meeting:
C. Approve Minutes of January 9, 2007 Pre-Council Meeting:
D. Approve Minutes of January 9, 2007 City Council Regular Meeting:
E. Development Agreement: AZ 05-060 Request for Annexation and
Zoning of 4.92 acres from RUT to C-G zone for Ada County Hiahwav
District Ustick Road ProDertv by the Ada County Highway District -
3595 East Ustick Road:
F. Development Agreement: AZ 06-032 Request for Annexation
and Zoning of 29.31 acres from RUT to an R-8 zone for Triloav
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February 13, 2007
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Subdivision by Conger Management Group - south side of
Chinden Boulevard and east of Black Cat Road:
G. Addendum to Development Agreement: MI 06-010 Request for
a Miscellaneous application to modify the existing Development
Agreement to include the property located at 6745 North Slack Cat
Road for The Tree Farm by Treehaven, LLC - 6745 North Slack
Cat Road & MI 06-011 Request for a Miscellaneous application to
amend the previously approved Development Agreement by
including a provision to permit the installation of a double wide
mobile office on the property at 4740 W. Chinden Boulevard for
The Tree Farm Annexation by Treehaven, LLC - north side of
Chinden Boulevard on both sides of Slack Cat Road:
H. Water Main Easement Aareement for Hiah Desert Harlev
Davidson:
I. Memorandum of Aareement and Assurances for the FY07
Certified Local Government Grant Documents:
J. Approve Task Order No. 3 for HDR Enaineerina. Inc. for ISDE
oversight and review at a Time and Material basis not to
exceed $5,000.00:
De Weerd: Okay. Item No.7 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move we approve the Consent Agenda as published and for the Mayor to sign
and the clerk to attest on all papers.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If
there is no discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 8:
Department Reports:
De Weerd: Okay. There are no items in the department reports and I don't see anyone
jumping up and down over there, so --
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February 13, 2007
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Item 9:
Items Moved from Consent Agenda:
De Weerd: There were no items moved from the Consent Agenda.
Item 10:
Reauest for Waiver of Fees for Appeal Application reaardina Carport
Structure by Judv Kelley:
De Weerd: Item 10 is a request for a waiver of fees for appeal application regarding a
carport structure by Judy Kelley. Caleb, do you want to introduce this item? No. Mrs.
Kelley.
Kelley: Well, I'm back again and just as nervous as the other time.
De Weerd: If you will, please, state your name and address for the record.
Kelley: Madam Mayor and Councilmen, I'm Judy Kelley, I live at 403 East 2nd Street in
Meridian and we have a small canvas carport that we have been working with the
Planning and Zoning and City Council since roughly June of last year and I'm back
again. I have met with Bill Nary a couple times. I have worked extensively with Jenny
and with Justin and a little bit with Caleb and had I known going into the first time we
met with them what they expected us to do, we wouldn't have needed to file the appeal,
because, then, I would have had a chance to have corrected their concerns before we
got to this point. But since we didn't know what their concerns were before the regular
appeal -- no, not the appeal, the -- what do you call the -- the day we filed the
application, I guess, it is for the CUP. And since they had two concerns for that, one
was a vision concern and one was an Ada County easement concern, had we known
before we went to the CUP hearing, we could have had that fixed. Since we didn't
know, we had to fix that after the hearing, so now they tell us it's procedure that I have
to file a Planning and Zoning application for an appeal. But that carries a cost with it
and as before we are senior citizens, we really don't have a lot, and we were wondering
if you would waive the fees for the appeal application for the CUP for the carport. And,
then, we can file it with them and get on with business again. And I gave the lady the
notes. We do now have a license with Ada County listing that we shall maintain and
continue to maintain the carport structure.
Baird: Madam Mayor?
De Weerd: Yes.
Baird: I'm hesitant to add, because I don't want to add to your level of nervousness, but
I want to caution that we are only here tonight to talk about the fee waiver.
Kelley: Right.
Baird: So, I appreciate that.
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February 13, 2007
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Kelley: And that's kind of why I needed it.
Baird: I understand. We are not getting into what's been approved and what's not.
think you have well presented your case and I think --
Kelley: And that's kind of why I'm asking that the fees be waived, because we really
can't afford it, but the next step requires a fee, so we'd like to request it be waived.
De Weerd: Okay. Council, you should have the information in front of you. Do you
have any questions?
Bird: I don't, Madam Mayor.
De Weerd: Okay. Okay. Well, thank you so much, Mrs. Kelley. We will await the
Council's decision.
Kelley: Okay. Thanks. And is that by phone or --
De Weerd: They will make it --
Bird: Here shortly.
De Weerd: -- within just a few minutes -- moments. Sometimes it seems like hours,
but --
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: If there is no discussion, I would move that we approve the waiver of fees for
the appeal application regarding the carport by Mrs. Kelley.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve the request for a waiver of
fees. Any discussion? Hearing none, Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 11:
Continued Public Hearing from February 6, 2007: AZ 06-045 Request
for Annexation and Zoning of 7.556 acres from RUT to an R-4 zone for
Eastwood Subdivision by Wirt Edmonds - 4515 South Locust Grove
Road:
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February 13, 2007
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Item 12:
Continued Public Hearing from February 6, 2007: PP 06-047 Request
for Preliminary Plat approval of 24 single-family residential lots and 3
common lots on 7.556 acres in a proposed R-4 zone for Eastwood
Subdivision by Wirt Edmonds - 4515 South Locust Grove Road:
De Weerd: Okay. Thank you for being here. Okay. Items 11 and 12 are continued
public hearings from February 6 on AZ 06-045 and PP 06-047. I will open these two
public hearings with staff comments.
Hood: Thank you, Madam Mayor, Members of the Council. Just a quick refresher for
Eastwood Subdivision. The public hearing was closed and, then, reopened to only
discuss the configuration of Lot 10. The applicant has submitted a revised preliminary
plat dated February 7th, 2007. It does show a single story restriction on the Lot 10. Let
me go back to the plat. This is the new plat now. Lot 10, if you will recall, is the one
that's down in the southwest corner here and I don't know if you can make it out at that
scale or not, but it does say one story on there. The other lots that are along the south
boundary, Lots 11, 12, and 13, also have the one story restriction, as well as a 20 foot
rear setback. The Council discussed both and there was not a consensus, but I think
that at least one or two Council members were in agreement that the single story
restriction would be adequate enough and did not feel that the additional 20 foot
setback on Lot 10 would also be necessary. I did have a couple of other items that I'd
like to just read into the record that hopefully can be part of the motion this evening.
One is repetitive from last week and it has to do with the Public Works Department and
Len and Anna brought it up requesting the additional condition. Condition 2.3 in the
preliminary plat currently says: Water service to the site is being proposed, the
extension of mains in Reflection Ridge Subdivision. The applicant shall be responsible
to install water mains to and through this development, coordinate main size and routing
with Public Works. They are asking that they add a second water connection to a main
in Locust Grove -- Locust Grove shall be required to insure adequate fire flows.
Location of the connection shall be coordinated with Public Works prior to construction
plan approval. This main shall be placed in a common lot a minimum of 20 feet wide,
covered by City of Meridian water easement. Planning staff also had a couple of
development agreement provisions and a couple of preliminary plat conditions that we'd
also like to propose to you tonight based on the discussion at the last meeting during
the public hearing. The first one the staff is proposing -- it has to do with development
agreement provision 1.1.3 and that's the one that talks about Lots 11, 12, and 13, Block
1, being restricted to a single story and subject to a minimum 20 foot rear setback.
We'd like to also add that the home on Lot 10, Block 12, has also restricted to a single
story. Again, that's based on pretty much the discussion and consistent with the revised
plat that is on the screen right now. Along with those notes there is a preliminary plat
condition talking about the similar effect as what we would like to add to the preliminary
plat conditions that would be a new condition 1.2.13 and we propose that it reads: The
applicant shall note on the final plat that the homes on Lot 10 through 13, Block 1, have
a single story restriction and that Lots 11 through 13, Block 1, have a minimum 20 foot
rear setback. Again, that just reflects the -- excuse me -- the revised preliminary plat
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February 13, 2007
Page 10 of 47
that was submitted last week and should clarify for the final plat what planning staff will
be looking for. And, finally, staff is recommending that condition 1.2.1 be amended to
strike through the August 3rd, 2006, date that the previous preliminary plat carried and
update with that a February 7th, 2007, hearing date, if, in fact, the Council agrees that
the revised plat meets all of the concerns that you had at the February 6th City Council
hearing. With that I will stand for any questions. I have some other information here,
but I mean it's just a week ago, so I'm hoping you all remember.
De Weerd: Council, any questions for Mr. Hood?
Rountree: I have none.
Bird: I have none.
De Weerd: Okay. Thank you. Is the applicant here this evening?
Stiles: I just wanted to mention something about Jerry. I didn't call him the go-to guy, I
called him the run-from guy when I worked at the city. No. He was great, though. He's
a hard worker. My name is Sheri Stiles. I work at Engineering Solutions at 1 029 North
Rosario Street in Meridian. Caleb did a very fine job of explaining what the changes
were to the plan. I think Charlie made the motion -- or made the decision last week to --
that he wanted to see how these lots were realigned, the three on the southeast corner
there. Of course, the density remains the same. There is the same number of lots.
The largest lot did change and it is now 20,722 square feet. Excuse me. And there are
three common lots because of the redesign also of the entrance to the property. I don't
know if you have any questions. We think that we have done everything that you have
requested and would ask for your approval of our request for annexation and
preliminary plat. Do you have any questions?
De Weerd: Thank you. Yes, Mr. Rountree.
Rountree: Madam Mayor, a question, Sheri. You heard the comments from staff. Any
particular concerns or issues on any of those? I think all of the P&Z ones have been
addressed with the plat, but there was a comment from Public Works as it relates to
approving the water.
Stiles: Mayor de Weerd, Councilman Rountree, Council, the second water connection,
yes, we are already preparing for that. We are going to do that through the common lot
that is existing there and some of them were just clarifications. We are fine with the
note on the plat for the single story restriction. Just one caveat, though. If the new
county engineer makes some decisions that they will not sign plats with those types of
notes, that would be the only thing we might have a problem with. And I would hope
that we would be able to handle that just with a letter from the engineer or the surveyor.
But, no, we have agreed with all the conditions of approval.
Rountree: Thank you.
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February 13, 2007
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De Weerd: Okay. Anything else, Council? Okay. Thank you.
Stiles: Thank you.
De Weerd: Okay. This is a Public Hearing limited to this one issue that it was
continued for. Is there anyone who would like to provide testimony on this application?
Okay. Seeing none, Council?
Rountree: Madam Mayor, seeing no additional information, I move that we close the
public hearings on Items 11 and 12.
Bird: Second.
De Weerd: Okay. I have a motion and a second to close the public hearings on Items
11 and 12. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Any discussion?
Bird: I have none.
De Weerd: Hearing none, do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 11, AZ 06-045, including in the development
agreement staff's comments and the revised plat as presented to us this evening.
Bird: I will second that with the date of 2/7/07 for the new preliminary plat. Do you
include that in the motion?
Rountree: That's fine. But we can handle that with the next item as well.
Bird: Okay.
De Weerd: Okay. I have a motion and a second to approve Item 11. If there is no
further discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
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February 13, 2007
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De Weerd: Okay. Item 12.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item No. 12, PP 06-047, subject, again, to staff
comments and the revised plat dated 2/7/07.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 12. Mr. Berg, will you,
please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 13:
Public Hearing: PP 06-063 Request for Preliminary Plat approval for 14
building lots on 18.7 acres within the C-G zone for CentrePointe
Subdivision No.2 (North) by W.H. Moore Company - NWC of Ustick
and Eagle Roads:
De Weerd: Thank you. Item 13 is a Public Hearing on PP 06-063. We will open this
Public Hearing with staff comments.
Hood: Thank you, Madam Mayor, Members of the Council. The next item on your
agenda is the Centre Pointe North Subdivision, aka Centre Pointe No.2. It is located
on the west side of Eagle Road approximately one quarter of a mile north of Ustick
Road. It is due north of Centre Pointe -- as you know it Centre Pointe Subdivision No.
1. The application is for a preliminary plat of the area outlined in blue here. Some
highlights of the project and the general vicinity. Due north are some county properties
today. The red line designates the separation between Boise city and the City of
Meridian and our area of impact. Somehow Boise has already annexed some of the
properties on their side of that red line. Meridian to the north and west of this site has
yet to annex some of those properties there. Champion Park would be due west and
Champion Park Addition. To the south there is some recently approved multi-family and
commercial developments on the south side of Ustick Road across Eagle. Of course,
Lowe's in that general vicinity and some other retailers and restaurants that are going in.
Wainwright Drive is just north of this site approximately a quarter of a mile. This is a
preliminary plat application. Here is the master concept plan for Centre Pointe. It does
include both phase one and the subject phase two. Phase two would come in
approximately in this location and includes 14 commercial lots on 18.7 acres. The
primary access to the site -- and I'm going to jump to the plat. The primary access to
the site is a right-in, right-out access driveway to Eagle Road that was previously
approved by the Council. The site will also have an access to a proposed public street,
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February 13, 2007
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Centre Pointe Way, that runs generally north-south and is stubbed to the north property
line. Centre Pointe Way is also constructed down to Ustick Road with the first phase of
Centre Pointe. lid also like to call your attention to one of the three development
agreement required amenities for the overall Centre Pointe development. The
gathering area is proposed within Centre Pointe North. The design of the gathering
area has already been approved as part of the DA and the subsequent amendment to
that DA. Same as phase one, the applicant will be constructing the parking area and
drive aisles prior to the first building going in, so a lot of the landscaping you see here
and the drive aisles will be constructed before most if not all of the clients are
constructing buildings. I did want to note, too, that some of the parking areas shown on
this landscape plan, they do need to have additional planters added to prevent linear
groupings of more than 12 stalls in a row. The Commission did act on this application
on January 4th, 2007, and voted to recommend approval. In attendance at that meeting
was Jonathan Seal. Amanda Hess presented for the Planning Department. And Mike
Cole provided some comments, as well as myself. Key issues of discussion were
internal cross-access and the need for a turnaround at the terminus of Centre Pointe
Way. The Commission voted to eliminate the requirement for a public turnaround at the
terminus of Centre Pointe Way. The emergency service providers had originally
commented that they thought that maybe a temporary turnaround here at Centre Pointe
Way would be a good idea. It is less than 150 feet. The Commission saw that and
didn't see the need for that requirement, so that condition was removed by the Planning
and Zoning Commission. Finally, outstanding issues for the City Council. There are
just a couple and they are both related to landscaping. The first one has to do with
condition 1.1.4 and the applicant is requesting that the ten foot wide landscape buffer
adjacent to residential uses -- so this property line here and adjacent to these homes in
Champion Park, not be constructed with the subdivision, rather, be constructed as each
commercial building goes in for certificate of zoning compliance and as part of their
occupancy that ten foot wide landscape strip would be constructed as each one of those
go in. The second thing that the applicant is requesting that the current staff report
does not reflect is in condition 1.1.4 and in condition 1.1.6. This has to do with the 35
foot wide required landscape buffer adjacent to Eagle Road. The applicant has
submitted a variance application to the city, submitted on January 26, 2007, to ask that
a portion of their property, as well as access right of way from ITD, be able to count
towards the full 35 foot wide buffer requirement. Because this is a pending application
that you will be acting on on March 3rd -- or, excuse me, March 6th, staff recommends
that you not discuss this pending variance application and, instead, I'm going to propose
that we modify the subject conditions with some additional language. Condition 1.1.4
should be modified to read: Unless otherwise approved by the Council through VAR
07-003, construct a 30 foot wide street buffer along the entire of Eagle Road. So, it
continues on. But it just says unless the Council approves that variance, you do need to
construct a 35 foot wide buffer along Eagle Road. And, then, I further recommend that
condition 1.1.6 be modified to read -- and similarly -- unless otherwise approved by the
Council through V AR 07-003, graphically depict on the face of the plat a 35 foot wide
landscape buffer along Eagle Road and, then, it continues on. I believe those are the
only things that the applicant wanted some clarification on. I will let him speak a little bit
more towards -- about that first application or the first requirement. Excuse me. I think
Meridian City Council
February 13, 2007
Page 14 of 47
the plat pretty much speaks for itself and you're all familiar with Centre Pointe. So, if
you have any questions, I will do my best to answer them.
De Weerd: Thank you, Caleb. Any questions for Caleb?
Rountree: I have none.
Bird: I have none.
De Weerd: Okay. Is the applicant here?
Seal: Good evening, Madam Mayor, Council Members. Jonathan Seal, W.H. Moore
Company, 1940 Bonito, Meridian. Caleb, if we could put on the concept plan again.
Oh. Sorry. I think everyone here has seen this several times in the past, so I won't
spend a lot of time on it. As Caleb mentioned, this is the phase that we are looking at.
You have seen this concept plan. We have discussed it with the modifications of the
development agreement, the variances, and other things that I think Caleb has,
basically, addressed. As far as the issue out here in the 35 feet, we are in agreement
with that as if Council does not approve the variance on March 6th, we would --
obviously, we would accept the fact that this would be 35 feet. Just a quick history, you
did approve a variance for 20 feet down here, so I guess being somewhat optimistic, I
would like to think it would be approved on March 6th, but if it isn't, obviously, we accept
that. The other item we had is really -- is we have agreed to ten feet of landscaping,
which, again, was a modification to the development agreement along here. We have
no problem with that, but we don't see any particular benefit, if this is a vacant lot, of
putting this ten feet of landscaping in now. It really doesn't create a burden and I'm not
sure it does it. As I say, we are going to landscape this, as we have landscaped this
already all the way through here. With the exception of those two things, I think unless
you have any questions, I won't burn up your time tonight.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Rountree: I have none.
De Weerd: They are not burning up time either.
Seal: Thank you very much.
De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone out in our
audience wanting to provide testimony on this application? Okay. Council, if there is no
questions, I would entertain a motion to close the Public Hearing.
Bird: So moved, Mayor.
Meridian City Council
February 13, 2007
Page 15 of 47
Rountree: Second.
De Weerd: I have a motion and a second to close the Public Hearing on Item 13. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Any discussion from Council? Okay. Do I have a motion, then?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve PP 06-063 with the modification of condition 1.1.4 on the ten
foot landscaping buffer adjacent to residential be installed at time of certificate of zoning
compliance and also that variance -- or the conditions 1.1.4 and 1.1.6 go along, unless
the variance 07-003 is approved by the Council. And does that cover it, Caleb?
De Weerd: Turn the page. Did you get that one, too?
Bird: Uh?
De Weerd: You got both of them?
Bird: Yeah, I got both of them, so --
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve Item 13 as noted. Any
discussion? Mr. Berg, hearing none, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 14:
Public Hearing: RZ 06-012 Request for a Rezone of 1.69 acres from an
R-4 to a C-C zone for Cherry Linder Rezone by Darren Blaser - 1440,
1516 and 1528 W. Cherry Lane:
De Weerd: Okay. Item 14 is a Public Hearing on RZ 06-012. I will open this Public
Hearing with staff comments.
Hood: Thank you, Madam Mayor, Members of the Council. The next project is for a
rezone only and it's located on the northeast corner of Cherry Lane and Linder Road.
The site is currently zoned R-4 and contains three homes you can see here in the
aerial. I'm going to jump back to the zoning real quick. Just to call out that basically
Meridian City Council
February 13, 2007
Page 16 of 47
everything surrounding this property is zoned either office or commercial and the
subject application is requesting similar zoning. So, the church is north and east of the
subject site. To the south is Cherry Lane, obviously, and, then, the multi-tenant
commercial building. To the west is Linder Road, obviously, and, then, Cherry Crossing
commercial development that has multiple buildings and multiple tenants in some of
those buildings. Overall project description. If the rezoning is approved, the applicant
proposes to construct a multi-tenant retail building on this site. The applicant has
submitted a concept plan for how this property may be developed and this is the
concept plan. The applicant is proposing to have one direct access to Cherry Lane and
no access to Linder Road. The existing access -- staff is requiring that the existing-
accesses be abandoned with the first certificate of zoning compliance application on this
property and that a maximum of one public street access be allowed as allowed or
approved by ACHD. Now, I want to just stop there real quick, because this is just a
rezone application. ACHD has not provided detail comments back to the city or the
applicant at this point on where exactly that access point should be. So, some
assumptions are being made. Further away from the intersection is usually best. There
is another driveway on the south side that they may have to align with, so we just --
there are no concrete conditions, at least at this time. I just want to explain that real
quick, that they will have to grant them some type of access, but this looks to be a pretty
logical location for that. The Comprehensive Plan designates this site as commercial
and the request is consistent with that designation. Compliance with the UDC will pretty
much be taken care of at certificate of zoning compliance will insure that the landscape
buffer along both Cherry Lane and Linder are put in at the time of building permit
submittal that the landscaping and parking lot gets constructed and all those internal
dimensions are met. There are some development agreement requirements. I don't
want to take up too much of your time. They pretty much talk about what we just talked
about, one access to Cherry Lane, landscape buffers along the arterial roadways. We
are requiring the applicant to submit a copy of a recorded cross-access agreement.
That may be worth noting. This driveway here is proposed to tie into the church
property to the north, as well as stub, if you will, over to the church property here. So
cross-access so that there can be through movements through this parcel to the
adjacent parcel is a requirement in the DA. Also, there was an elevation that was
submitted and there is the front elevation, a south facing elevation, so this would be
visible from Cherry Lane. There were some tweaks to this elevation, but generally the
building constructed on a site needs to generally comply with this and some of the other
design review requirements as stated in the staff report and the development
agreement provisions. Some of them particularly regarding color, texture and materials,
because that's not clear from this elevation what the materials are going to be. Staff
also had some concerns about the east and west building elevations and having some
windows or some -- some other type of facade that -- because these would be visible
from the street, too. So, they need to incorporate some other materials, rather than just
a blank wall on the side. The Planning and Zoning Commission did recommend
approval of this item on January 4th. In attendance, speaking in favor was Bill
Caparelli, the applicant. Justin Lucas presented for the Planning Department. No one
from the public testified and there was no real substantive discussion by the
Commission and/or changes to the staff recommendation. And with that the Planning
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February 13, 2007
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and Zoning Commission and staff are recommending approval and I will stand for any
questions you may have.
De Weerd: Thank you. Council, any questions for staff at this time?
Bird: I have none.
Rountree: I have none.
De Weerd: Okay. Is the applicant here?
Blaser: I'm Duane Blaser, Darren Blaser's brother. I have never been to one of these
before, so I apologize, I don't know how these proceedings kind of go. I'm stepping in.
He's out of town right now, so I'm here on behalf to answer any questions you may have
as far as what we are doing. I actually --
De Weerd: If you could, please, first give me your address.
Blaser: Okay. For the --
De Weerd: For the record.
Blaser: Oh. My address is 4712 North Pierce Park Lane in Boise, Idaho.
De Weerd: Thank you. Okay.
Blaser: And I think it's -- we are just -- we are expanding our business, Jamaca Me Tan
tanning, and feel that's a good location and so we are putting one of ours in and, then,
you know, just a few other small retail businesses in there, so --
De Weerd: Okay. Council, any questions for the applicant?
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I think I would ask the typical question. Staff has proposed items for a
development agreement and I assume you have read through those and you're in
agreement with those.
Blaser: Yes.
Zaremba: Okay. Thank you.
De Weerd: Okay. Any other questions from Council?
Meridian City Council
February 13, 2007
Page 18 of 47
Zaremba: I have none.
De Weerd: Okay. Thank you. Okay. I do have someone signed up to testify or at least
to indicate their opposition. A Greg Schutte. Thank you.
Schutte: My name is Greg Schutte and I live at 3081 South Gunnell Avenue, Meridian.
De Weerd: Thank you.
Schutte: I represent the Christ Lutheran Church. We own the property to the north and
the east of the proposed area they are going to -- they want to rezone. We have a few
questions about -- there is a ditch, it's on the north end of the property line there. We
would like to know how that's going to be addressed. It's an open ditch. Currently we
do not have the easement on our side for the ditch rider, it's on their property, so they
can address that. And, then, the -- just the thickness of the lot, it's not very thick, so we
were kind of wondering about the -- how the parking and all that's going to be. They
have sent us a proposed easement to use our property for parking and for a street to go
through or whatever and we have denied them that access. It will actually be -- can I
get the -- so, this right here will -- we have denied that and denied this here. And that
canal or ditch runs right here, right on the property line, and would just like to know how
those are going to be addressed, if this is taken care of. What else do I have here?
That and our church is currently working on a master plan that would turn this area up
here into a grass area. We are going to landscape that this year and all that and put in
a soccer field and we are going to put in automatic sprinklers and all that stuff. We have
a master plan that we designed this year and we are going to start carrying out those
and we feel that this great big wall here would not be beneficial to our needs of the
church for the youth group that we have there and, then, the weddings and stuff that we
have. And that's basically it.
De Weerd: Thank you. Council, any questions?
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: You very well might have answered it, Mr. Schutte, but it sounds like those
master plans -- would that be the basis for the denial of the cross-access or is there
another reason?
Schutte: Right now it's just the -- we have decided that we are going to landscape that
and we have been meaning to do that for some years and we finally have the money to
do that now.
Borton: Is that the basis for denying to the east as well?
Meridian City Council
February 13, 2007
Page 19 of47
Schutte: To the east our current parking lot -- could we go to the aerial view? Currently
there is no entrance in here. We have -- this is all parking in through here and
landscaped and that would not -- our flow pattern, we have an in -- we come in here and
come in here and that would disrupt our flow pattern into our church. Our church sits
right here. This is the area we are going to landscape right here and the canal runs
right through here. So, our current flow of traffic, you come in here and these are all of
our church parking spots here. And I represent about 400 voting adults in our church, if
that has any bearing on it.
De Weerd: Okay. Any further questions, Council?
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: Just to clarify for me if I may. Do you object to this being rezoned as
commercial property? Would that be okay? What you're objecting to is the concept
plan that shows access and walls and so forth.
Schutte: What we are objecting to is the idea of -- we just donlt want a strip mall to go in
there, basically to -- because I mean in that plan I saw it was about two stories tall, from
the concept plan that I saw there. That would completely hinder this. We were planning
on landscaping this, using the existing canal and all that and that would absolutely
devoid that of -- it would basically make our area, you know, up to about here, not very
useful.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: How long has the church owned that property back there?
Schutte: Since the early '70s, I believe.
Bird: How much?
Schutte: The early '70s.
Bird: Did you own it when you built the building?
Schutte: 11m not sure on that.
Bird: Okay.
Schutte: As far as I know we have always owned this section here.
Meridian City Council
February 131 2007
Page 20 of 47
Bird: Yeah.
Schutte: And we have taken steps this -- this year we have started maintaining this
more, so it's not a big eye sore and we have taken steps to that. And we have also --
we are in the process of making that a lot better.
De Weerd: Okay. Council, any further questions? Okay. Thank you. Okay. Is there
anyone else who would like to provide testimony on this application? Would the
applicant like to respond to the questions raised by the church? Does the Council have
questions for the applicant raised by the church?
Bird: I don't.
Borton: Madam Mayor, I do.
De Weerd: Okay. Mr. Borton.
Borton: With regard to the --
De Weerd: I'm sorry. If you will, please, state your name for the record.
Blaser: Yeah. Duane Blaser. Do you need my address, too, or--
De Weerd: No.
Blaser: Okay.
De Weerd: Thank you.
Borton: The denial of a cross-access to the north and to the east, you hadn't mentioned
that. If that's a condition of moving forward and you can't obtain it -- I mean is it still -- is
your project or your request to change the zoning still desired?
Slaser: If we don't have that cross-access?
Borton: Sure.
Blaser: I mean, obviously, we would like that, but I think we, you know, proceed without
it.
Borton: Do you envision a viable commercial project on that corner without cross-
access to the east or the north?
Blaser: I guess alii have to say is we -- you know, we'd really rather -- we'd like to have
the access, but we would go with -- you know, we would still like the zoning without that.
Meridian City Council
February 13, 2007
Page 21 of 47
Borton: Okay.
De Weerd: Mr. Blaser, I guess I do have a question.
Blaser: Yes.
De Weerd: Have you been in communication with the church about what the building
elevations would be, what you would be doing with the piping or maintaining the ditch,
what kind of, you know, relationship have you established to even discuss possible
easements, those kind of things?
Blaser: Thafs why I'm kind of at a loss. My brother is the one thafs been in contact
and has I believe given them information on what we were doing and everything, so I
couldn't -- I guess I couldn't really answer that question to you with any knowledge of --
because my brother was handling all that and he's out of town. So, I'm kind of at a loss
for that. But he was in contact with them and has submitted them, you know, proposals
and what we were going to do back there and I know we were going to make it a nice
place -- you know, make it look nice. Not going to use cinder block. You know, a nice
stucco building with stone on it and things like that. So, it's not going to be an eye sore
by any means. It's a very nice building. And, you know, I know that we would look
forward and be willing to address any of their concerns, you know, that they would have
as far as what we would need to do.
De Weerd: You know, I guess once it's rezoned it's a permitted use and so I guess as a
neighbor, if I were the church I would like to have as much detail, because that would at
least give me information to know what to expect and to know what kind of wall our
property would be facing on the back side. I don't know if staff -- even with the
regulations on a road that would be in back of that, what kind of lighting, you know, how
close to the back line they would be, those kind of things. So, not knowing how much
information has been shared with the church, I guess I could understand if they haven't
seen your vision why they would have some concerns.
Blaser: I'm really new at this and I -- you know, I was just on the phone with my brother
and he's -- you know, he told me to call him if there is any question that I can't answer. I
don't know -- I'd probably look pretty silly if I called him right now and asked him that,
but I would -- you know, I could go out there and call him and ask him and answer that
question for you, but I know he's the one that's been in contact with them and I believe
has given them, you know, the information on what we were going to do along the back
side there. I know that, you know, I just know it wouldn't be an eye sore, you know, we
are trying to make something that's very nice and people would want to come to and --
but I don't -- that probably doesn't answer your question, you know, but that's the best of
my knowledge.
De Weerd: Okay.
Rountree: Madam Mayor?
Meridian City Council
February 13, 2007
Page 22 of 47
De Weerd: Mr. Rountree.
Rountree: It seems to me from what I have seen that there is probably not adequate
information, both on the part of the applicant, as well as the neighbor, but I would ask
Caleb -- there would be setback requirements for the building. The building would not
be built on the property line. Could you speak to that, as well as -- I don't know if the
applicant realizes if there is an easement for irrigation on the property, that there is
probably at least a 20 foot easement, possibly, that they maybe have to tile that
particular feature, whether or not they have penciled that into their development. I don't
know the status of their acquisition, whether it's finalized or conditioned on getting the
zoning changed, but some of these things may have been lost in the translation in terms
of cost of this development and I don't see that in the staff report and I haven't seen it
presented here this evening, but it has created some confusion both on their concept
plan, as well as the neighbors. So, if you could speak to a couple of those points I'd
appreciate it.
Hood: Madam Mayor, Councilman Rountree, what Justin pretty much did was -- in his
analysis was say that when you try to pull a building permit we will tell you what the
setbacks are and all the required improvements that will have to be made. I do not
have all the C-C zone setbacks memorized. I do know there is a front setback and I
think that's 20 feet. They, obviously, meet that. There are -- I do have the C-G zone
setbacks memorized and there are no rear or side setbacks in the C-G zone. So, I can
look -- I think we have a UDC around here somewhere. I'll look to verify what that rear
setback will be in a C-C zone, the requested C-C zone. A standard condition of
approval for development is if there are any ditches, laterals, or canals that cross your
property -- and that's -- I want to stop there, because I'm not quite sure where the
irrigation ditch lies. It's not been disclosed to us. I don't know how big it is. It's
definitely not the Five Mile or Eight Mile or something that we are trying to save and
protect, so it will have to be covered if it's on the applicant's property or even a portion
of it's on the applicant's property, they will be required to pipe that. The rear elevations -
- that elevation that I showed earlier is the elevation that was shown to staff and that's
all we have, so I don't know if there is a south elevation at this point in time or not. I did
want to jump back -- and I understand part of your question, Councilman Rountree, but
just back to the cross-access real quick. What staff is requiring with the cross-access is
not that they get granted approval for the church, but they give the church access to
their driveways and when the church comes in and wants to redevelop something, a
condition of their application will be would it be reciprocated back to this site. So, they
don't need the church's approval, they just need to grant the church that right. If they
don't want to use it right now and they want to continue on their way, that's fine, but
when the church does want to do an expansion or a rezone or something, that's where
staff will go, hey, you know what, the neighbor provided you access to their driveway,
you need to reciprocate that back across. So, just some clarification there. At this point
the neighbor can't deny the cross-access, because they are just providing them an
easement. So, there is really no way they can deny that, if you will. But I hope I
answered all your questions. I will look for the C-C to see if there is a rear setback now.
Meridian City Council
February 13, 2007
Page 23 of 47
With a rezone you could say -- and I haven't heard the church say what they would
prefer, five feet, ten feet, 15 from the rear property line or what they would like that site
to look like. If they had some specific things -- I'm not going to try to put words in the
applicant's mouth, but they can incorporate some windows if they needed to or a
different type of material or whatever, you know, the church is looking for. I guess that
may help -- I don't know if we are going to solve this tonight or not, but it sounds like the
person that may know that information is not here, so -- and I don't know what that is.
So, again, I'll look into the C-C rear setback and see if I can't find that, but I hope that
answered the other parts of your question.
Rountree: Thank you. Yes.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Caleb, what we are acting upon tonight is the rezone; right?
Hood: Correct.
Bird: All this setbacks and stuff will come in when they go in to get their certificate of
zoning compliance --
Hood: Correct.
Bird: -- and their building permit; am I not right?
Hood: Correct.
Bird: I think as a Council we need to think about enclosing all -- or tiling these ditches.
You can enclose them without tiling them. Leave that bottom open, so we can have
some aquifer -- our water can get down into it. That's my opinion. But right now tonight
we are just enacting upon the zoning; right? We are not -- we are not doing any design.
They threw up an elevation that will or will not be the right deal, you know, what they will
build -- they don't have to have the cross-access. I hope -- I hope that when they come
in that we were able to move that entryway down, so that it's across from the one across
the street. That would be ideal. So, I think we are going down the road more than we
need to.
Rountree: Madam Mayor, I guess my comment on that is that, yeah -- and a question
for the applicant. Is your deal on this property done or is it conditioned on the rezone
request?
Blaser: No, we -- it's done.
Meridian City Council
February 13, 2007
Page 24 of 47
Rountree: Okay. I guess that takes care of my concern. If there are some issues as it
relates to zone and some items that seem to not address your thought process for
laying out their preliminary concept, if there is costs in there that are deal breakers, we
could have it rezoned and no project. That's my concern.
De Weerd: I guess, Mr. Bird, one of the concerns I had is when we have these rezones
that all these questions are asked -- asked and answered and one of the reasons we
have been asking for elevations, whether in concept or not, is that neighbors that are
impacted have an opportunity to comment and if they don't have information to
comment upon, that is my only concern. And so that is why I asked the question if they
had more detailed discussion with the neighbors and how this potentially would
adversely affect them is the reason for my questions and my statement.
Bird: Madam Mayor? And I agree with you a hundred percent and I do like them
bringing some kind of a concept of what they plan on getting there, but when they go
get their CZC, they might -- with setbacks and all that stuff, not be -- might not be able
to put that exact building on that property. But I just -- you know, I think that's --
personally, I think this is an ideal zone for that corner. I don't know how people that live
there get in and out, to be truthful with you. And I know all three of them that live there,
so --
De Weerd: Okay. Any other questions from Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would ask one of staff.
De Weerd: I'm sure Dean would say to you as well, will you, please, speak up.
Zaremba: I'll move closer. Disregarding the concept plan, I guess, it does look like the
property is wide enough along Cherry Lane that they could align their driveway with the
driveway across. Do we know if the depth is sufficient that if they had to have an
access to Linder -- I'm loathe to suggest additional accesses to Linder, considering what
I think that street is going to be in the future, but is the property deep enough that they
could have their own access to Linder? Yeah. Right in, right out.
Bird: Is the one across the street --
Hood: It appears that there is about 125 feet of frontage from the northern edge of
Cherry to the north property line. So, that's pretty close to the intersection, even for a
right-in, right-out.
Zaremba: Okay. Thank you.
Meridian City Council
February 13, 2007
Page 25 of 47
De Weerd: Any other questions for the applicant? Thank you.
Hood: Madam Mayor, if I may, I did find the schedule of use control and the setbacks in
the C-C and whoever drew up their concept plan must have checked the ordinance first,
because there is no rear setback in the C-C zone. So, they are going to have to
construct that building fire rated, if they construct it on the property line, but there is no
rear or side setback in the C-C zone.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Caleb, I'm sure -- now which property I don't know, but I'm sure there is a water
easement for the Nampa-Meridian Irrigation through one of those properties back there.
Hood: The member of the church -- excuse me, Madam Mayor, Councilmember Bird,
the member of the church I believe testified that it's on this subject site, not on the
church's side. Now, the concept plan we have doesn't go into several detail like that, it
just kind of says, yeah, we'd like a driveway here and some parking there. So, we didn't
get a surveyor it's not like a plat where you get contours and all that. So, I know Justin
went out there and did a site inspection, but unless it's -- you know, you can miss a ditch
on the back side of the property and I think that's the case here, he just didn't see it out
there and didn't realize it was going to be an issue. But they would, obviously, be
having to cover it somehow if they are going to build a building on that rear property
line, that north property line.
Bird: But you still got to have easements back there to get the Nampa-Meridian
Irrigation District in there. You have got to have an easement of some -- and if you tile it
every so many feet you got to have a clean out -- accessible clean out.
Hood: Excuse me. Madam Mayor, I was just going to say, Council Member Bird and
the rest of the Council Members, depending on where that easement is, if there is an
easement there, they can't build a building over it, so they'd have to vacate that
easement or relocate it somewhere else, so I don't know how that's all going to play out
if, in fact, it is on their side, but that's something we would look for at certificate of zoning
compliance, which, you know, we have to look for those things at CZC. Again, this is
just a zoning and the building may have to be sited on the site differently.
Bird: That's right. That answered my question.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Meridian City Council
February 13, 2007
Page 26 of 47
Bird: If we don't have anymore public testimony --
De Weerd: Council?
Bird: Oh, I don't care if he wants to --
De Weerd: The church. Yes.
Schutte: Greg Schutte. That elevation that we saw was the first the church has seen
what they are going to put on this property. We weren't given any of that. We were just
asked -- actually, I have a letter here just to make -- we would like to propose a cross-
easement access. They were going to, basically, pave and put a parking lot and they
wanted to pave a parking lot on the west end of our property and we said, no, we aren't
going to allow that, since we are going to, like I said before, make that a landscape
area.
De Weerd: And the ditch is on their property?
Schutte: The ditch is on their property -- one of the trees here two years ago and a big
one fell down and it fell on one of the houses back here and we were told to clean that
out and when we got to looking at it further, the tree was actually on this side of the
ditch and we weren't responsible for it. The ditch rider said that that wasn't our
responsibility. He said it was the landowner's responsibility and that we didn't -- that we
didn't -- the ditch was not on our property or it was actually sharing it, but it was not
completely on our property and the easement was on -- between the ditch and the fence
back here is where the actual easement is and it's not on our property, basically. So,
there is an easement back there, but it's not on our property. And these are all fenced
back here, so I mean if a person went out there and looked at it, he probably didn't
notice that.
De Weerd: Okay. Thank you.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I'd like legal to interject on the right of way and the survey to see which -- whose
property that that actually is on. They have got a dispute that we don't need to get in
the middle of.
Baird: Madam Mayor?
De Weerd: Mr. Baird.
Meridian City Council
February 13, 2007
Page 27 of 47
Baird: I'd agree with that comment, but before we close the Public Hearing I think since
we have had additional testimony, we need to give the applicant the opportunity to have
the last word here.
De Weerd: Although I don't know what kind of words he can give, because he's not
really too involved in this application. Mr. Blaser, I guess I would ask you to come
forward. I do have a question. With some of these questions -- and I don't know if
Council feels comfortable with moving forward with the questions that remain -- either,
Council, we can have him step out and call his -- the person that seems to have the
information or even consider continuation, unless you think that this -- this is not
significant for you to make a decision, but do you know anything about this ditch, first
off?
Blaser: I'd have to find out. I don't.
De Weerd: And the placement of the building -- it sounds like you would like to have it
on the property line.
Blaser: Right.
De Weerd: Okay.
Blaser: Yeah. Because of the depth of the lot.
De Weerd: And that is a single story building; correct?
Blaser: Correct.
De Weerd: And how will you load your businesses? So, you won't have any need for
an access behind the building, so that means you won't have any doors out back or--
Blaser: Now, that I don't -- I don't think so, but I would have to check with him on that.
I'm assuming since he's on the property line I think we would need to be doing
something else. I don't know that to answer that.
De Weerd: Okay. And the fire department has no issues on -- I know you like zero lot
lines. You're a big fan of them.
Anderson: Madam Mayor, Council, no, when we review the plans, when they bring in
plans for a building, the building would have to have rear access. It has to have
secondary exits for people, so there would have to be some area to exit the building, it
couldn't be built right up against a fence or something like that, there would have to be
room to get out those exits.
De Weerd: So, typically, you don't see a building on the property line if you need a rear
exit?
Meridian City Council
February 13, 2007
Page 28 of 47
Anderson: No.
De Weerd: Okay. Okay. Council, have we made this clear as mud?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would propose that when we get to it, my personal opinion is it seems
reasonable that this should be rezoned with C-C, that's to comply with the
Comprehensive Plan, but whoever the maker of the motion is -- perhaps it will be me --
would include that we are not approving the concept plan. It seems to me a lot more
work needs to be done and the applicant is being put on notice that this may not work.
But it still seems reasonable to me that this property should be a C-C. I'm just saying
we could include in our motion that the concept plan is not approved.
De Weerd: But I would imagine, Caleb or Ted, the concept plan doesn't need to be
approved, because it will be a principal use and it just falls to whatever is in the
certificate of planning compliance -- or CZC.
Hood: Madam Mayor, that's correct. I mean there is not much room on the site once,
you know, the landscape buffer gets put in they are going to need parking and a
building and that's pretty much the site. So, I don't see a bunch of options for them.
They could maybe flip-flop it and put the building towards the street and parking in the
back, because, then, they can -- usually if it's a Nampa-Meridian irrigation easement,
they will let you put an impervious surface over it -- not a permanent structure, but you
could put a parking lot over an irrigation easement, but, really, I don't see a lot of room
to tweak the site plan too much. That's probably their only other option would be to
swap where the building is with where the parking is and if that's the desire of the
Council to say we like your zoning, we like the front elevation, your concept plan it
sounds like it may need some work -- I mean we can work with the applicant on that,
too.
De Weerd: It sure seems like a parking lot would be better next to a nice grassy open
field than a big blank wall that has no fire exits, but I get to break a tie.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: While we are on the public record, I agree with Caleb a hundred percent. We are
sitting here -- I will guarantee you that he will have exits not only on the north, but he will
have them on the east and the west, so we take care of the life safety there. That's part
of the code. He's not going to be able to have zero lot lines, so either he shaves his
building down or do something else, but tonight we are sitting here talking about
Meridian City Council
February 13, 2007
Page 29 of 47
something that -- and he's applied -- he's applied for a rezone and I happen to agree
wholeheartedly with Councilman Zaremba that's what -- and I think it's an ideal location
for that zone and I'm ready to vote on it, not what he built.
De Weerd: Okay. Anything else, Council? Anything you would like to add?
Blaser: No.
De Weerd: Okay. Thank you. Council, if there is no further information that you need -
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I'd move we close Item 14, RZ 06-012.
Zaremba: Second.
De Weerd: I have a motion and a second to close the Public Hearing on Item 14. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: After considering all staff, applicant, and public testimony, I move to approve
file number RZ 06-012 as presented in the staff report for the hearing date of February
13, 2007, with no modifications, but with the comment that the concept plan is not
approved as part of this recommendation.
Bird: I would second that.
De Weerd: Okay. I have a motion and a second to approve with the added note
regarding the conceptual plan. Is there any further discussion? Okay. Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay.
MOTION CARRIED: THREE AYES. ONE NAY.
Item 15:
Public Hearing: AZ 06-060 Request for Annexation and Zoning of 5.01
Acres from RUT to R-8 & R-15 zones for Arch Rock Subdivision by CTD
Development - South of McMillan Road and East of Linder Road.:
Meridian City Council
February 13, 2007
Page 30 of 47
Item 16:
Public Hearing: PP 06-061 Request for Preliminary Plat approval of 18
single-family residential lots and 2 common lots on 3.73 acres in the
proposed R-8 zone and 8 single family residential lots and 1 common lot
on 1.02 acres in the proposed R-15 zone for Arch Rock Subdivision by
CTD Development - South of McMillan Road and East of Linder Road:
De Weerd: Okay. Items 15 and 16, public hearings AZ 06-060 and PP 06-061. I will
open these two public hearings with staff comments.
Hood: Thank you, Madam Mayor, Members of the Council. The next item on your
agenda this evening is actually two applications, one for annexation and zoning and one
for a preliminary plat for Arch Rock Subdivision. It is located on the east side of Linder
Road, approximately 800 feet south of McMillan Road. It's highlighted there in the teal
blue. It is just north of the Cobblefield Crossing Subdivision. Actually, Cobblefield
Crossing is also to the east, so it's on two sides by Cobblefield. To the north as you can
see on the zoning map is still zoned RUT in Ada County and, let's see, back to the west
is Bridgetower. Excuse me. Bridgetower Crossing is back to the west. There is the
aerial view. Most of these homes out here in Cobblefield are either under construction -
- most of them, actually, are occupied today. Here is the subject preliminary plat. It's
not a very good copy. I'll apologize for that. I didn't have much to do with that, but I
apologize for that. Here is the arterial street. Linder. And they have an access point --
I want to jump back real quick to the vicinity map and just point out that there is an
existing public street in Bridgetower that aligns just off the north property boundary of
this site. Actually, it -- about half of that street does is on this -- in alignment with this
property. So, the applicant is constructing their portion of that. Two lanes can get in
there and, then, I believe it's going to be finished off by the parcel to the north when they
develop in the future. So, the annexation and zoning request is for 5.0 acres currently
zoned RUT. The applicant is proposing 19 single family building lots and two common
lots on 3.78 acres in the R-8 zone and seven single family building lots and one
common lot on 1.02 acres in the R-15 zone. I would point out that the -- that Crossfield
did not provide any stub streets to this parcel, so they are providing one to the north, but
no stub streets to this parcel were provided, so they -- the access to the arterial is
necessary in this instance. ACHD is supportive of the proposal, as long as all their site
specific and general requirements are met. I'm going to jump to the landscape plan real
quick. The applicant is proposing to set aside three-quarters of an acre or 15 percent of
the site for open space. There is the landscape buffer along Linder. This common
area. There is a micro-path that ties back into Cobblefield Crossing, as well as this little
strip here, which, actually, serves as a separator between this single family home and
the lots that are taking access off of a common driveway here. That also separates the
R-15 zoned lots from your R-8 zoned lots. So, these are the lots that are within the
proposed R-15. Gross density is 5.27 dwelling units an acre. The Comprehensive Plan
has this property designated for mixed use neighborhood. There are some elevations
that the applicant presented to the Planning and Zoning Commission on December
21 st. Here is a slide that they presented showing some of the materials and elevations
for this project. On December 21 st the Planning and Zoning Commission did
recommend approval of this project. Rod Ralphs, who was the applicant's
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February 13, 2007
Page 31 of 47
representative, was at that hearing and testified in favor of. Tom Sevin also testified on
the subject applications. There was no written testimony received from the general
public. Amanda Hess presented it from our office. And some of the discussion by the
Commission had to do with fencing and the applicant is proposing fencing to match
Cobblefield Subdivisiofl No.1. So, along the south and east boundary would match
Cobblefield and 11m not sure what they are doing on their north boundary, at least for
this section here. The applicant may want to clarify that. The Commission did not make
any changes to staff's recommendation and I am not aware of any issues that should be
brought to your attention this evening. If you have any questions I will try to answer
them now.
De Weerd: Okay. Thank you, Caleb. Any questions for staff at this time?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Caleb, would there be a -- developed to the north some sort of emergency
turnaround or is there a mechanism to move vehicles around there?
Hood: Madam Mayor, Councilman Borton, I sure hope so. Let me read you the staff
report real quick and just make sure there is.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I know Mr. Hood is busy looking something up. I have a vague recollection
that there was some discussion at the Commission level that the property to the north
was prepared to develop, that that road would go someplace for this. I'd ask Mr. Hood
to comment on that.
Hood: I accidentally just turned the projector off, so that's not going to help. But,
hopefully, I turned it back on. The applicant did come over and -- Lot 8, Block 2, which
would be on the northwest side of that -- of that dead end -- temporary dead end stub
street, is a temporary, non-build lot until that road gets pushed through. So, no home
will be on that lot until that road gets extended to the north.
De Weerd: Okay. Anything else at this point from Council? Is the applicant here?
Ralphs: Madam Mayor, Members of the City Council, my name is Rod Ralphs.
Address is 2730 North Greenbelt Place in Meridian. I have some handouts. May I
approach? Anyway, Madam Mayor, Members of the City Council, we have looked at
the staff's recommendations and we are just welcoming any comments tonight. We
really have nothing else to add. This is just another phase, basically, is what we see of
Cobblefield One. The architecture is going to be the same. The CC&Rs are going to be
Meridian City Council
February 13, 2007
Page 32 of 47
the same. You'll see we have a connecting pathway that connects down through to
Cobblefield One and just any questions you might have about it. We will be matching
the fencing up along the perimeter and, then, what you see there along the north side
would be temporary pending on what happens here on the north. We don't have a
definite time frame when that north would happen. And so as staff pointed out and as
we had mentioned, that Lot No. 8 will be our emergency turnaround and we will work
with the fire department on making sure that that's suitable for emergency vehicle
access and service.
De Weerd: Can you tell me what the goal is with the open space?
Ralphs: The goal of the open space is actually more of a park-like setting and the hope
would be that when the property to the north comes on line that you would have a
pocket park there and so it would match up with what would be available. The homes
that you see there that would be backing that would have a four foot fence, so that you
would have visibility into the park area for people to be able to see what's going on in
there.
De Weerd: How deep is that?
Ralphs: It's about 45 feet.
De Weerd: And realistically what can you do with it?
Ralphs: Well, I imagine you can play catch. You can play any kind of games kids
would like to play in a park setting like that, so -- it's fairly long. It's what -- let's go
through the math here. It's 100, 200 -- probably about 280 feet long. So, more of a
picnic --
Bird: Forty-five deep?
Ralphs: And 45 deep. Yeah.
Bird: Madam Mayor?
De Weerd: Uh-huh.
Bird: Follow up on that. Is that your drain swale, too? Is that where you're going to
have your drain swale?
Ralphs: You know, I would have to defer to our engineers on that. No, it's not.
Bird: Thank you. Appreciate that.
De Weerd: Any other questions, Council?
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February 13, 2007
Page 33 of 47
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: That looks to be about the width of a lawn mower.
Ralphs: The width of a lawnmower? It's about five feet, I believe, is what's on the -- it is
what the staff and the code allows for separating any kind of a driveway that we might
have on that lot versus the single family residence next to it.
Borton: Okay.
Ralphs: So, it might look like a lawnmower, but it's a little bit more than a lawnmower,
but it's the buffer that's required.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I do have one other question of Mr. Ralphs. I have a problem with the R-15 when
you got an R-4 across the street and R-8s in Cobblefield. You're R-8 in everything else
but the front there and you're R-15. I have a little problem with that density. Is there
any way that we can convince you to make that R-8 also?
Ralphs: We would certainly look at that. I'd just like to point out that what we have here
in concept -- and if we could go back to that one that has the different elevations. Okay.
Perfect. Thank you. What you see here -- this is the proposed project, but, again,
depending on the product that goes in there, we will have an attached product that has
already been approved here. I believe this site is on Meridian Road, on the east side,
between Cherry Lane and Ustick, in this subdivision, but getting back to your point,
Councilman Bird, is that the lots in the zoning here are consistent with the townhomes
that we have right over here in Cobblefield One and so the attached townhome design
is consistent with what is in the general area.
Bird: Okay.,
Ralphs: Well, let me add to that. Many of you are probably familiar with the entrance to
the subdivision over there at the Lakes at Cherry Lane and how those are attached
townhomes there that butt up against the road. That actually provides for a nice buffer
of the sound and all that from Linder and so along with being a buffer, then, being able
to get some density in there on that street, that's why we have put that there.
De Weerd: Okay.
Meridian City Council
February 13, 2007
Page 34 of 47
Ralphs: I mean you're going to see a similar type of construction that you would have
seen in Cobblefield One. So, it's more of a continuation of what's already there and
what's been approved.
De Weerd: Without the nice water feature in the front.
Ralphs: Without the nice water feature in the front.
De Weerd: Okay. Any other questions for the applicant?
Bird: I have none, Mayor.
Rountree: I have none.
De Weerd: Okay. Thank you.
Ralphs: Our engineer is here also tonight, so if there are any technical question you'd
like to ask, he's here available for you.
De Weerd: Okay. Okay. Any testimony on the --
Stanfield: Madam Mayor, Members of the Council, Scott Stanfield, Mason Stanfield
Engineering, 314 Batiola in Caldwell. I'll make this brief. That is not a drainage swale.
We'll have a seepage bed in the right of way. If Caleb can turn to the overall vicinity
map and land use map. Across the street I believe it is zoned R-4, but if you look at
those large lots, I think those are going to be office. It provides a transition between the
R-15 and the existing R-4. With that )'11 stand for any questions.
De Weerd: Okay. Any questions from Council?
Bird: I have none.
De Weerd: Okay. Thank you.
Stanfield: Thank you.
De Weerd: Okay. Any further public testimony? Okay. Seeing none, Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: If there is no other discussion, I move we close the Public Hearing on Item 14,
AZ 06-060 and, Item 16, PP 06-061.
Zaremba: Second.
Meridian City Council
February 13, 2007
Page 35 of 47
De Weerd: Okay. I have a motion and a second to close the public hearings on Items
15 and 16. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Council, any questions? Discussion?
Bird: I have none.
De Weerd: Okay. Do I have a motion?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move we approve Item 15, AZ 06-060, to include all staff and applicant
comments.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second to approve Item 15. Is there any
discussion? Okay. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Item 16.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move we approve Item 16, PP 06-061.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second to approve Item 16. If there is no
discussion, Council? Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Meridian City Council
February 13, 2007
Page 36 of 47
Item 17:
Public Hearing: MI 07-001 Request for a Miscellaneous application to
Modify the existing Development Agreement to allow all C-N permitted
uses on lots 5, 6, 7 & 8, Block 25 of Cedar Springs Subdivision No. 6 for
Cedar Springs Professional Center by Lynn Brown - 710, 730, 750 &
790 West Ustick Road:
De Weerd: Okay. Item 17 has been requested to be continued. I will go ahead and
open Public Hearing MI 07-001.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I move we continue Item 17, MI 07-001, to our regularly scheduled meeting
of February 20, 2007.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to continue Item 17 to February 20th.
All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 18:
Public Hearing: AZ 06-054 Request for Annexation and Zoning of 2.40
acres from R1 zone to an L-Q zone for Woodland Sprinas Professional
Park by Morgan Development, Inc. - 1630 E. McMillan Road:
De Weerd: Okay. Item 18 is a Public Hearing on AZ 06-054. I will open with staff
comments.
Hood: Thank you, Madam Mayor, Members of the Council. This is the last public
hearing item on the agenda this evening. It's for Woodland Springs Annexation and as
noted in the title of this project, it is just an annexation and zoning request, similar to the
rezone that we saw a couple of items ago. There is no detailed development plan, no
plat, no CUP at this time, just the annexation and zoning request. The site is located on
the northeast corner of McMillan Road and Locust Grove Road, as you can see on this
map. Portico Place that you guys had on your agenda last week or the weekend before
is in this location. This is the Idaho Power Substation. Harpe Subdivision -- recently
approved Harpe Subdivision is on this intersection directly diagonal from the subject
site. And, then, Tustin Subdivision is on the other side of a couple few county parcels
that are still not incorporated in the City of Meridian at this time. Council can see that on
the vicinity map. The overall project description -- as I mentioned, the applicant is
proposing to annex this property to limited office, L-O. They have submitted a concept
plan for the entire 2.4 acres that's proposed to be annexed. If the annexation
application is approved, the applicant is proposing to construct up to three medical
professional office buildings on this site. The applicant has submitted a concept plan,
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February 13, 2007
Page 37 of 47
which you see here, showing how the site may be developed and I highlight the may in
that sense, and I'll touch on the lot here in just another second. There are three
conceptual buildings and two proposed driveway accesses to the subject site. The first
access is located at the northwest corner of the property on Locust Grove Road,
approximately 220 feet north of McMillan Road, so that would be here. I know this
shows up a little light, but it's generally at their north property line on Locust Grove.
And, then, the second one is proposed at the eastern most boundary approximately 300
feet east of Locust Grove Road on McMillan. Staff is generally supportive of the
proposed concept. However, due to some scheduled improvements of the Locust
Grove - McMillan intersection, the submitted concept plan may not be feasible to build.
ACHD staff has commented that they are currently working on a concept study for this
intersection. There is a memo that's also part of the package from ACHD scanned in
part of the staff report. I did want to just kind of pick out a couple of their sentences
from that memo and it states, essentially, that considerations will need to be made for
potential impacts that the intersection improvements will have and the ultimate area will
be able to be developed on this site. One of the concept plans ACHD is working on
looks at the potential of buying this entire site for drainage. ACHD is also considering a
concept study, which relocates the Lemp Canal to the north side of McMillan Road. At
a minimum staff believes that ACHD will require a right of way which will significantly
impact the layout as depicted on the site development plan. Staff believes that at worst
case the entire site be zoned for office uses and, then, wholly obtained by ACHD as part
of their intersection improvement project. Because staff believes that this concept plan
may not be real feasible in its current state, similar to the last project, there is a note that
it's not approved with the annexation. However, there are some concepts that staff
believes should be made part of the development agreement provisions, which apply to
redevelopment of this site. I wanted to stop there and explain myself a little bit with that.
Depending -- again, depending on what happens with the intersection design, where the
canal goes and where the multi-use path goes in this area ends up, it just may not be
feasible for three buildings to make it. I'm not saying it isn't, but there is a high
probability that three buildings of this size will not be able to fit on this site now. The
concept plan doesn't show how much right of way they are accounting for. Here it's not
to scale, so I don't know if this is just a 25 foot right of way. If this is a 48 foot right of
way, then, maybe they can get the three buildings. But I think Gary -- Gary Inselman
from ACHD is here and may have a comment or two to add, maybe an update, because
I talked to ACHD, it's been a couple of months ago now and that memo is a couple of
months old, so he may be able to provide the Council with an update on where their
plans are going or where they are at now. I guess similar to the rezone there on Cherry
and Linder, staff will make sure that each of the buildings complies with all the UDC
standards at certificate of zoning compliance. The Camp Plan. The Comp Plan actually
has this site designated for medium density residential uses. However, in 2004 the City
Council approved a resolution which amended the Comprehensive Plan to include the
following language and I quote: At the discretion of the City Council, areas with a
residential Comprehensive Plan designation may request office uses if the property has
frontage on an arterial street or section line road and is three acres in size or less. In
this instance no ancillary commercial uses shall be prohibited. So, the subject property
does have access on an arterial. In fact, there is two, and they are less than three
Meridian City Council
February 13, 2007
Page 38 of 47
acres in size, 2.4 acres, so they do meet that criteria. So, if the Council finds that the
zoning is appropriate for the site, they are eligible through that amendment to the
Comprehensive Plan. There are several specific development agreement provisions for
this site. I'm just going to highlight a few of them, I believe. I talked about how it's
principally permitted uses within the L-O zone only are what we are looking for here, no
ancillary commercial uses or other conditionally allowed uses, they need to be
principally permitted office uses in the zone. We are proposing that the hours of
operation be limited to 6:00 -- from 6:00 a.m. to 1 0:00 p.m. That up to three office type
buildings be constructed, that those buildings have some stucco and stone accents.
The landscape buffers on the arterials. A land use buffer if there is residential uses.
There currently is a residence to the north now. If they develop and that residence is
still there, a 20 foot wide buffer would be required to the north, as well as to the east.
There is a restriction for a vehicular access. Probably the one I want to talk about the
most is what happened at the Planning and Zoning Commission on December 21 st.
Matt Morgan, who is the applicant, who testified. Frank Lee -- and I notice that Frank's
in the audience today, is the applicant's attorney. He testified as well. There was no
one in opposition and no one just generally providing comments and we received no
written testimony from the general public. I presented the application. This is what I
wanted to get to. The discussion at the commission generally centered around access
to McMillan and Locust Grove and the future platting of this site. The Commission, in
addition to the right-in, right-out driveway to Locust Grove, the Commission voted to
allow a temporary vehicle access to McMillan Road and staff had recommended no
access to McMillan Road. So, staff -- because of the driveway to Portico -- I'm sorry,
the public street to Portico Place was about 80 feet away, staff didn't think it was a good
idea to have another access to an arterial street at that location. The Commission did
grant the applicant's request on a temporary basis for this driveway here. And also
required that that driveway be closed once access to the east is provided. The
applicant -- they also required the applicant to submit a surety in order to close that
driveway and, you know, put landscaping where the driveway is and those types of
things. And to make that be a common lot as part of a future subdivision. I just wanted
to comment on some of that just real quick. So, the cross-access similar -- again,
similar to the one that we heard earlier tonight, the driveway would be constructed to the
further -- furthest east property and, then, a public street comes up this side of this site.
Once this property develops, an access to that public street is granted here, the
driveway out to McMillan goes away and they take access to the public street, kind of in
that maneuver there. So, that's -- that's, essentially, the game plan there on a
temporary basis. A couple of outstanding issues for the Council. During the Planning
and Zoning Commission hearing in December the applicant stated that he was
preparing to submit a preliminary plat for the site within 30 days. Since that
Commission hearing in December staff has not had a request for a pre-app meeting on
subdividing the subject property. As stated in the Planning and Zoning Commission
hearing, staff believes that allowing and enforcing the temporary status of the driveway
will be difficult without a plat and plat notes about access. So, staff is just requesting
that the applicant provide the Council with an update regarding the timing of filing a
preliminary plat on this site. Also, as noted in staff's report, ACHD is currently working
on a concept study for this intersection design and I think I pretty much mentioned this,
Meridian City Council
February 13, 2007
Page 39 of 47
that there is a question still of whether -- how much of this site, if any or if all, is going to
be needed to accommodate that intersection design and staff is recommending that the
Council determine whether the annexation and zoning of this property to L-O is in the
best interest of the city at this time. So, with that I think I pretty much covered my notes
and there are some elevations -- I guess maybe I should show you those real quick.
Some pictures that were taken that were submitted were shown also to the Planning
and Zoning Commission. So, with that I will stand for any questions you may have.
De Weerd: Okay. Council, any questions for staff at this time? Is the applicant here?
Lee: Good evening, Mayor, Members of the City Council. My name is Frank Lee. My
address is 601 West Bannock Street in Boise, Idaho. Caleb did a very good staff report
about this particular project. The primary issue that was discussed at the Planning and
Zoning Commission, as Councilmember Zaremba might remember, is about access
and, basically, the issue is that limiting this particular site to one access off of Locust
Grove would create more traffic problems than it would solve and that having a
temporary access on McMillan until you can connect to the public street that's being
created to Portico, is the best way to solve it. I understand staff's concerns about the
enforceability of it, but this particular project will already have a development agreement
in it and this would have a provision that is, you know, properly within a development
agreement and I'm not at all concerned that the city's interest would be adequately
protected through that. You don't actually need a plat and a plat note. During the
Planning and Zoning Commission hearing Matt Morgan, the applicant, did indicate that
he expected a plat application to be filed -- or a subdivision application to be filed within
30 days and when we saw the staff's report when it was released about a week ago, we
-- Chris Highland, our engineer -- and I'm not happy that we don't have an actual plat to
submit now, but it is forthcoming very quickly and we intend to move forward on that.
The concept site plan that you see there actually has the right of way that ACHD told us
originally that they were going to request and as I understand it from my discussions
with Kendall Kemmer of ACHD, including one this morning, ACHD's plan -- and Gary
Inselman might, you know, give us more information on it, but ACHD's plan is to have
McMillan be five lanes and so they ask for 96 feet of right of way and we have had that
taken out. On Locust Grove they wanted it to be a four lane road and so they wanted
82 feet and we took that out on this plan and based upon my discussions with Kemmer -
- Kendall Kemmer of today, kind of there is -- as I understand it, there is two big issues
remaining. One, that ACHD might want to buy the whole site to provide drainage, which
if they want to do it, fine, they can do it and there is really nothing we can do about it.
And the second thing is that right now the Lemp Canal goes diagonally across through
the intersection from south to north and that creates a practical constructability issue
when they are going to renovate the -- and widen the intersection. I will effectively
require them to shut the whole intersection at the same time while they change this
canal and what they want to do is cross over either Locust Grove south and, then, back
up north of McMillan on the east side of -- on the west side of Locust Grove or bring the
property -- bring the canal north over McMillan on the east side of Locust Grove and,
then, cross Locust Grove on the north side. One of the points I had in my discussion
with Kendall this morning that I don't think that relocating the canal, as long as it is
Meridian City Council
February 13, 2007
Page 40 of 47
buried, will be an issue that affects our design, because he's pointed out that they really
only need about eight feet and I think that's plenty of room there for an easement and if
they are going to daylight it, then, they need probably 24 feet, which is, you know, a
very expensive way to deal with the relocation of a canal when you're having to bury it
twice. You ought to just leave it buried. And so, you know, people have different
opinions on that. But, basically, we don't view those as significant issues and we are
open to working with ACHD however they want to. They had originally envisioned
having this process and some of the decisions made by now in February, but I'm told
now that they are extending this off to June. So, you know, there is still -- ACHD still
needs additional time to make some of their decisions, but we are happy to move
forward as is, because I really don't imagine that this will be -- what we are planning will
be too much of an effect, unless they want to buy the whole site, and we will certainly
work with ACHD in their planning process. So, with that I will stand for any questions
that you might have.
De Weerd: Okay. Council, any questions?
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: It might be enlightening to the Council for you to review the discussion with
the neighbor that surrounds on both sides, the discussion about either cross-access or
how soon they might develop.
Lee: Yes. The neighbor on -- that surrounds the property on the east and the north --
Zaremba: And the north.
Lee: -- and the north, we have made an attempt, as other developers have, to acquire
that property, because it makes sense to, you know, develop that as a coordinated
piece and she is an elder -- and older woman who is still of sound mind and she has
made it abundantly clear that, you know, she will shoot any developers that come trying
to talk to her about access and she really doesn't want to develop it now, but, as a
practical matter, we want our site to work -- that eventually will be developed and we
want our site and this area to work right when it's eventually developed and we think
that providing this cross-access is the way to do it in the future and providing the
temporary access that was discussed and approval by the Planning and Zoning
Commission is the way to handle things until, you know, she moves on and the property
is up for development.
Zaremba: Thank you.
De Weerd: Thank you. Any other questions from Council? Okay. Thank you. Okay.
This is a Public Hearing. Is there anyone who would like to provide testimony on this
application? Then, we want to hear from Ada County Highway District.
Meridian City Council
February 13, 2007
Page 41 of 47
Inselman: Madam Mayor, Members of the Council, Gary Inselman, Ada County
Highway District, 3775 North Adams, Garden City. Before I left the office this afternoon
I had Kendall, our project manager, check with our consultant on what they thought our
right of way needs would be for the various options that we are considering. First off,
we are not prepared to buy the parcel at this time. We have no idea if we really, truly,
need the whole parcel. So, until our concept study is done that's not really an option we
are prepared to pursue. However, the option with moving the canal -- it would actually
move across McMillan near this property's east property line and, then, run along the
north side of McMillan and cross Locust Grove. There is several advantages to that and
advantages that Settler's Irrigation District is favorable to, so it is an option that we are
looking at. However, our discussion this afternoon with the consultant showed that that
would require a 30 foot easement for that, because Settler's does not want it covered,
they want it left open. So, I think it would have an impact on this project. Our right of
way needs, we figure we need 41 feet from the section line on McMillan Road under
either scenario from this parcel and 35 feet from the section line on Locust Grove.
However, depending on where that canal lines up, it would have an impact on this
parcel if it needs to be relocated to the north side of the road. Mr. Lee was correct, we
are extending this concept study awhile. It got bogged down in some traffic study
scenarios a few months ago. We are having our first public information meeting actually
next week on the 22nd and, then, we hope to wrap it up sometime around June. But
the final decision, if the parcel is annexed and rezoned and a development application is
forthcoming to the highway district, we will proceed as best we can with the information
we have at the time and do the best we can. If I can answer any questions you may
have.
De Weerd: Council, any questions?
Bird: I have none.
Rountree: None.
De Weerd: Thank you. Okay. Is there any further testimony? Do you have anything
you would like to add? Okay. Thank you. Okay. Council?
Rountree: Madam Mayor, just an observation. I don't know if it's me or what, but it's
most unusual to have an annexation and zoning request before Council without a
preliminary plat. To be honest with you, I don't know that I can remember one, but I'm
sure we have had some, because memory is going.
Berg: Very few.
Rountree: Very few. We heard this evening that we might have the engineering soon.
Before we close the hearing or possibly leave the hearing open, I just wanted to make
that comment, because my -- the direction I would go would be to continue this hearing
in anticipation to have the preliminary plat show up so we could have a package,
Meridian City Council
February 13, 2007
Page 42 of 47
instead of guessing at what might be happening on this particular parcel. So, that's my
take on it.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would comment that -- not to speak for all of the Planning and Zoning
Commissioners, but as I was one when this came before the hearing, it was my
anticipation that the question about how soon there would be a preliminary plat was
intended that the preliminary plat would catch up with this annexation and zoning and it
would be heard by the Council at the same time.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would agree with Councilman Rountree, I don't -- if we had passed any without --
annexation and zoning without a preliminary plat has been few and far between. I
would be in favor of continuing it on until we see a preliminary plat before us.
De Weerd: Okay.
Rountree: Madam Mayor, if, in fact, that's where we go, my question is how do we
apply a date certain to that, which I believe we need to do.
De Weerd: Mr. Baird.
Baird: Madam Mayor, Members of the Council, to avoid re-noticing, that would
definitely be my recommendation, to set it to a date certain. You might want to have a
conversation with the planning staff and the applicant to see what kind of time frames
that they would be looking at should you desire to go that direction.
Rountree: We could hear from the applicant and, then, we will get staff's comment.
Hood: Madam Mayor, Members of the Council, while he's coming forward maybe I can
get some specific dates. Without having a plat in hand yet, generally it's about four
months before it gets up to the Council after the complete application. We have a
bunch of Camp Plan amendments that are on the first hearing for the Planning and
Zoning Commission in April. I would guess mid May is going to be the first available
time that they could be on your agenda. Now, I'll look at my calendar to see when and
maybe throw out a couple dates there and if it doesn't catch up you can continue that
one more time, but that's assuming they get something to us here real soon, so --
De Weerd: Okay. Mr. Lee.
Meridian City Council
February 13, 2007
Page 43 of 47
Lee: Mayor de Weerd and Members of the Council, the applicant's original intention
was actually not to subdivide the property at all, it was just to simply hold it as three
office buildings and lease them out to professional offices and that was the reason why
just the preliminary plat application was never submitted at the same time and -- I mean
he has decided in part to help ACHD make some of the decisions, to submit a
preliminary application -- plat application, although he probably won't actually enter into
a transaction -- a sale transaction for some time. But he was -- he is hoping that he will
be able to get this approved so he can actually build some of these -- an office for a
dentist who is interested in moving into this particular parcel and not holding it up until
Mayor later on, because the plat application process does take some time and from his
perspective he's happy to build professional office buildings and lease them out and
maybe never subdividing it. So, from his perspective he's not necessarily in a terrible
hurry to file the plat application for his own reasons. But he understands that there is
other benefits to doing so. So, obviously, this is your decision, you can make whatever
decision you think is appropriate, but recognize that the development agreement does
limit this to principal uses allowed, medical offices, dental offices, that sort of stuff and
the plat won't necessarily control what's eventually going to be built there and -- at least
in our view. With that 1111 stand for any questions you might have about that. That's a
quirk that you probably didn't really think about, but that's our perspective.
De Weerd: Okay. Council? I guess since there is still a lot of questions regarding the
road and that sort of thing, I have a favorite councilman I like to quote, that, you know,
with some of the questions that are still remaining on this, that it seems ahead of its
time, but that's certainly in your ballpark. I would ask if you would like to continue this,
to close the Public Hearing and make a ruling -- what is your pleasure?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I can't speak for the rest of the Councilmen, but I think the applicant just basically
told us that they are not wanting to wait for any preliminary plat and to make our
decisions off that. I'm ready to vote and make a decision.
De Weerd: Okay. Thank you, Mr. Bird. I would need a motion either way, to close the
Public Hearing so a decision can be made, or to continue the Public Hearing.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I would move we close the Public Hearing on Item 18, AZ 06-054.
Bird: Second.
Meridian City Council
February 13, 2007
Page 44 of 47
De Weerd: Okay. I have a motion to close the Public Hearing on Item 18. All those in
favor say aye. Any opposed? All ayes.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: I share the concerns of staff and Councilman Rountree and perhaps other
members of the Council that going forward with an annexation without the plat, I don't
feel comfortable doing it. J'm not inclined to rush to do it today. So, I would move that
we deny Item 18, AZ 06-054.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to deny Item 18. Is there any
discussion? Okay. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 19:
Ordinance No. 07 -1296 AZ 06-032 Request for Annexation
and Zoning of 29.31 acres from RUT to an R-8 zone for Triloav
Subdivision by Conger Management Group - south side of Chinden
Boulevard and east of Black Cat Road:
Item 20:
Ordinance No. 07-1297 : AZ 05-060 Request for Annexation and
Zoning of 4.92 acres from RUT to C-G zone for Ada County Hiahwav
District Ustick Road Prooertv by the Ada County Highway District - 3595
East Ustick Road:
Item 21:
Ordinance No. 07-1298 AZ 06-050 Request for Annexation
and Zoning of 4.64 acres from RR to an R-8 zone for Tree Farm Addition
by Treehaven, LLC - 6745 North Black Cat Road:
De Weerd: Okay. Items 18, 19 and 20 are ordinances 07-1296,07-1297 and 07-1298.
Mr. Berg, will you, please, read these three ordinances by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1296, an
ordinance for annexation of the property being a portion of the north one half of the
northwest one quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian,
Meridian City Council
February 13, 2007
Page 45 of 47
Ada County, Idaho, as described in Attachment A and annexing certain lands and
territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate
limits of the City of Meridian, as requested by the City of Meridian, establishing and
determining the land use zoning classification of said lands from RUT to R-8 in the
Meridian City Code, providing that copies of this ordinance shall be filed with the Ada
County assessor, the Ada County recorder, and the Idaho State Tax Commission, as
required by law, and providing for a summary of the ordinance and providing for a
waiver of the reading of the rules and providing an effective date.
Berg: Ordinance 07-1297, an ordinance for annexation of property located in the east
one half of the east one half of one and four in Section 4, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing
certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous
to the corporate limits of the City of Meridian, as requested by the City of Meridian,
establishing and determining the land use zoning classification of said lands from RUT
to C-G in the Meridian City Code, providing that copies of this ordinance shall be filed
with the Ada County assessor, the Ada County recorder, and the Idaho State Tax
Commission, as required by law, and providing for a summary of the ordinance and
providing for a waiver of the reading of the rules and providing an effective date.
Berg: And Ordinance 07-1298, an ordinance for annexation of property being located in
Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as
described in Attachment A and annexing certain lands and territories situated in Ada
County, Idaho, and adjacent and contiguous to the corporate limits of the City of
Meridian, as requested by the City of Meridian, establishing and determining the land
use zoning classification of said lands from R-R to R-8 in the Meridian City Code,
providing that copies of this ordinance shall be filed with the Ada County assessor, the
Ada County recorder, and the Idaho State Tax Commission, as required by law, and
providing for a summary of the ordinance and providing for a waiver of the reading of
the rules and providing an effective date.
De Weerd: Thank you. You have heard the reading, but by title only. Is there anyone
who is a masochist enough to want to hear it in their entirety? Didn't have to use
masochist, but just thought I'd throw that in to see if you were alive over there. Okay.
Hearing none, Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve ordinances 07-1296, 07-1297, and 07-1298, with suspension
of rules.
Rountree: Second.
De Weerd: Okay. You have heard the motion. Mr. Berg.
Meridian City Council
February 13, 2007
Page 46 of 47
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 22:
Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct
deliberations concerning labor negotiations or to acquire an interest in real
property, which is not owned by a public agency) & (f) - (to consider and
advise its legal representatives in pending litigation):
De Weerd: Okay. Council, I need a motion to adjourn into Executive Session.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1 )(c),
(1 )(f).
Rountree: Second.
De Weerd: Okay. Thank you. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION:
De Weerd: Okay I would entertain a motion to come out of Executive Session.
Bird: So moved.
Rountree: Second.
De Weerd: All those in favor say aye.
MOTION CARRIED: ALL AYES.
Meridian City Council
February 13, 2007
Page 47 of 47
De Weerd: Do I motion to adjourn?
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 11 :20 P.M.
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