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HomeMy WebLinkAbout2007 03-27 Meridian City Council Meetina March 27. 2007 A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, March 27,2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, and David Zaremba. Members Absent: President Joe Borton. Others Present: Bill Nary, Will Berg, Ann Canning, Len Grady, Gene Trakel, Ron Anderson, Mark Neimeyer, Doug Strong, and Dean Willis. Item 1: RolI..call Attendance: Roll call. X David Zaremba 0 Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and open tonight's meeting. Thank you for joining us this evening. We are glad you're here. It is, for the record, Tuesday, March 27th. It's 7:00 p.m. I'll start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Tonight we will be led in the pledge by Alex Coulson. He's with Troop 166. Alex, if you will come join us in the front and if you will all rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle: De Weerd: Alex, I would like to thank you for leading us tonight in the pledge with a pin from the City of Meridian. Thank you. Okay. Item NO.3 is our community invocation. Tonight we will be led in our community invocation by Pastor Burton Roberts. He's with Meridian Gospel Tabernacle. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Roberts: Thank you, Madam Mayor and Council, for the privilege of being here. Let us pray. Most gracious and kind Heavenly Father, we do pause tonight with the joy in our hearts of knowing that we have this wonderful privilege of coming to you and invoking your presence at this time of coming together to talk about the needs of our community and I want to start a part in my heart tonight by just saying thank you, God, very very much for the privilege of living in this community and being led by these people. God, Meridian City Council March 27, 2007 Page 2 of 66 our hearts too often are so busy that we will fail to turn toward you with a simple thanks. So, tonight we say thanks for this country, for this community, for your great love for us and we just simply ask, Father, that you would watch over all of these proceedings, giving to the Mayor and the Council the wisdom and the guidance that they desire in their hearts as they lead us to continue to go forward in this community. So, with our hearts we say thank you and may God bless each one of us we pray in Jesus' wonderful name, amen. De Weere:!: Thank you, Pastor. I will take a moment of privilege. Last week we talked about a breakfast that we had attended with Drug Free Idaho regarding the March Against Meth and what we can be doing as workplaces. Last Wednesday, 4,000 people of the Treasure Valley joined in at the Idaho Center a presentation by Milton Creagh on methamphetamine and this kind -- you know, this is the Idaho Press-Tribune and they dedicated a whole edition to methamphetamine, some of the dramatic stories we find in our valley. This is a real dangerous and addictive drug that is a real threat to our communities and I just appreciate the people who attended. I know that there were hundreds, if not thousands more that sat at home and watched it with their families, with their kids, and had valuable discussions with their families about the effects that this horrible drug has, .in addition to other substances. But, you know, I would like to thank certainly staff and Lieutenant Trakel, if he will please communicate back to Brenda Murdock, Lieutenant Overton, Chief Musser, and all those in the police department that participated and helped in the activities leading up to this March Against Meth. The City of Meridian took a very active and leadership role in this March and I, again, am amazed by our community, but I did want to again thank you Council for your participation in the breakfast. Item 4: Adoption of the Agenda: De Weerd: And with that said I will move onto Item 4, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: In the Consent Agenda, Item D, which we will discuss again, has been asked to be tabled to the 24th of April. Item M is a resolution number 07-550 in the Consent. In the Department Reports, Resolution 07-551 in the Mayor's office. And Item -- and Items 15,16, 17, 18 will be ordinance numbers 07-1303,1304,1305, and 1306 and with that I move that we approve the revised agenda. Rountree: Second. De Weerd: We have a motion and a second to approve the agenda as revised. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council March 27, 2007 Page 3 of 66 Item 5: Consent Agenda: A. Approve Minutes of February 20, 2007 City Council Regular Meeting: B. Approve Minutes of February 27, 2007 City Council Regular Meeting: C. Approve Minutes of March 6, 2007 Pre-Council Meeting: D. Tabled from February 27,2007: Resolution No. Adoption of Records Retention Schedule: Table to April 24, 2007: E. Findings of Fact and Conclusions of Law and Order for Approval: AZ. 06-052 Request for Annexation and Zoning of 5.17 acres from RUT to an R-8 zone for Portico Place Subdivision by Portico, LLC - 1780 E. McMillan Road: F. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-053 Request for Preliminary Plat approval of 26 single-family residential building lots and 3 common / other lots on 5.17 acres in a proposed R-8 zone for Portico Place Subdivision by Portico, LLC -1780 E. McMillan Road: G. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-046 Request for Annexation and Zoning of 21.7 acres from RUT to an R-4 zone for Harcourt Subdivision by Great Sky, Inc. - 3465 & 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive: H. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-048 Request for Preliminary Plat approval of 61 single-family residential lots and 6 common lots on 21.7 acres in a proposed R-4 zone for Harcourt Subdivision by Great Sky, Inc. - 3465 & 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive: I. Findings of Fact and Conclusions of Law and Order for Approval: AZ. 06-064 Request for Annexation and Zoning of 27.05 acres from RUT to an R-8 zone for Normandv Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: J. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-065 Request for Preliminary Plat approval for 110 residential lots and 7 common lots on 27.05 acres in the Meridian City Council March 27, 2007 Page 4 of 66 proposed R-8 zone for Normandy Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: Prepare K. Findings of Fact and Conclusions of Law and Order for Approval: VAR 07-001 Request for a Variance to the UDC standard of maximum allowable length of 750 feet for Normandy Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: L. Findings of Fact and Conclusions of Law and Order for Approval: PP 06..058 Request for Preliminary Plat approval of 277 residential lots, 1 commercial lot and 27 common lots on 142.97 acres in existing R-2, R-8, R-15 and C-N zones for Javker Subdivision by Treehaven, LLC - north of Chinden Boulevard and west of Ten Mile Road: M. Resolution No.: 07-550: VAC 07..004 Request for Vacation of the water service line easement located on Lot 15, Block 1 of Bonito Subdivision No. 3 for Bonito Subdivision No.3 by Toothman-Orton Engineering - 2971 E. Copper Point Drive: N. Approve License Agreement with Nampa Meridian Irriaation District for the pathway along the Creason Lateral in Crossfield Subdivision No.3: O. Approve Amendment to Agreement with New Heritaae Theatre Company: P. Approve Budaet Amendment for Mayors Office for FY 2007 for Volunteer Squared Web based Software: Q. Off-Site Sewer Easement for Incline Village Subdivision by Idaho Conference of Seventh Day Adventists. Inc.: R. Water Easement for Grandview Market Place No. 1 by Kimball Properties Limited Partnership: S. Approve Cooperative Agreement with Ada County Hiahwav District for Roadway Construction I Water Facility Adjustments and Relocations for ACHD Project 806023.001, W. 1st Street, Washington Avenue to Cherry Lane: T. Development Agreement: AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C-G zones for Bienville Sauare Subdivision by Red Cliff Development, LLC - and RZ 05-019 Request for a Rezone of 10.05 acres from C-G to R-8, Meridian City Council March 27, 2007 Page 5 of 66 R-15 and C-G zones for Bienville Sauare Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: u. Development Agreement: RZ 06..013 Request for a Rezone of .43 acres from an R-8 to an O-T zone for Vallev Shepherd Church of the Nazarene Property by Paradigm Real Estate Holding - 39 W. Pine Avenue: V. Approve Sanitary Sewer Easement and Contract for Black Cat Sewer Phase 4 by Valley Shepherd Church of the Nazarene: W. Findings of Fact and Conclusions of Law and Order Granting Appeal by Designer Floors, Inc. on Meridian Water Buildina Proiect: x. Approve Budget Amendment for Parks Department for After School Pilot Proaram at Meridian Middle School: Y. Approve Change Order No.4 for Ideal Demolition for New City Hall Project for Removal and Abatement of Contaminated Soils for a Not-To-Exceed amount of $249,000.00: De Weerd: Five. Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Consent Agenda, Item No. D, has been asked to be table to April 24th, 2007. Item No. M is resolution number 07-550. With that I move we approve the Consent Agenda as noted 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 Item 5. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's Office: Meridian City Council March 27, 2007 Page 6 of 66 1. Resolution No. 07..550 Appointments, Seats and Terms Commission Board Members: Establishing for the Arts De Weerd: Okay. Item 6 under Department Reports. In front of you you have a resolution establishing the seats and terms of expiration of those seats. We did it in a staggered way, since this is a brand new commission. Is there any question? If not, I would entertain a motion to approve. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve resolution 07-550. Zaremba: Second. De Weerd: We have a motion and a second to approve Item 6-A-1. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Parks Department: 1. Discussion of Proposed Parks and Recreation Fees: De Weerd: Thank you. Okay. Item 6-B, the Parks Department. Good evening. Barton: Good evening. Madam Mayor, Members of the Council, I am simply here to answer questions about the proposed recreation fees for the coming year, so at this time I'd like open it up to any questions. De Weerd: Council, any questions? Rountree: I have none. Bird: I have none. Zaremba: None from me. De Weerd: Okay. Simple task. Barton: Thank you. Meridian City Council March 27, 2007 Page 7 of 66 De Weerd: Thank you. Okay. Mr. Nary? Nary: Madam Mayor, Members of the Council, we will work with the clerk's office to get the noticing out and put this back on for final approval. De Weerd: Okay. Thank you. Nary: We will bring back an approval resolution, so that we have it documented that we are tracking the fees, so - 2. Discussion of the Proposed Properties Naming Policy: De Weerd: Thank you. And Dean thanks you, too. Okay. Item 2, discussion of the proposed properties naming policy. Strong: Thank you, Madam Mayor, Members of the Council. Provided to you tonight outside of what was in your packet is a copy of some changes that were made to the naming policy that shows the work that the -- that Deputy Attorney Ted Baird and Commissioner John Nesmith did to change some of the elements of the naming policy. When we set out to do this, you might recall seeing this a couple years ago when it was first put in place. One of the elements of the naming policy that we wanted to change was to put more definitive language in a policy related to neighborhood parks that we would -- we would acquire in developments and the naming of those neighborhood parks to be different than the name of the development. So, that's where it started. And, then, as you can see when we go through the policy there was some additional language to kind of firm up and clarify additional language. We added language to the section on temporary naming, which there will be an issue tonight before us that incorporates some of that proposed language. Procedures for permanent naming of parks. There was added language to that section. In the definitions section there was some clarification or changes in the wording from should to shall and so forth. So, if you have questions I would be happy to answer them at this time, but I think it's -- that the changes were to clean up the naming policy and make specific how a donated piece of land would be named when it's -- when it's in a -- in a development that has a different name. With that I would entertain questions. De Weerd: Thank you, Doug. Any questions from Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. Zaremba: None from me. De Weerd: Good. Doug. Meridian City Council March 27, 2007 Page 8 of 66 Rountree: Do we need to calendar this for an ordinance? Nary: Madam Mayor, Members of the Council, as I recall before, I think when we passed the original policy it was a recommendation from the Commission that was approved -- I think by voice vote. I don't recall that we did a resolution. Yeah. I mean we can certainly do that. It probably would be easier to track it if we did. So, we can prepare a resolution and put it back on your agenda for consent approval. De Weerd: Okay. Bird: Madam Mayor, I would prefer that. I don't know what the rest of the Council-- Rountree: I agree. De Weerd: Okay. Thank you. Zaremba: Likewise. De Weerd: We will put that on a future agenda. 3. Discussion of Proposed Temporary Naming of Borup Property: De Weerd: Okay. Doug, Item 3. Strong: Madam Mayor, Members of the Council, as you can see the remaining items on -- in the Department Report relate to activity from our March 14th commission meeting and the next items are related to recommended names of parks and facilities within parks that we would like Council action on. The first one is the temporary naming of the property that we have been referring to as the Borup property west of town that's still the undeveloped piece of property in the city. The commission is recommending that we name that -- give it a temporary name of West Meridian Community Park until such time a permanent name is identified. So, that's the proposal that's brought forth from the commission. De Weerd: Doug, can you tell me why? I'm sorry. That is a mouthful for a park that is undeveloped and, you know, the Borup property worked really nicely up to this time. Strong: Part of the motivation behind this is when we have undeveloped ground or parks that have not been named, is to start calling them something that we can use in budget documents and other planning documents, like we put RFPs concept drawings and things like that. What we have discovered is when a property is called something over a period of time that becomes the name of the property and it's hard to change. The most recent example is Seasons Park in the Autumn Fair Subdivision. We still have staff referring to it as Autumn Fair Park. It's difficult to make the transition. So, the Meridian City Council March 27, 2007 Page 9 of 66 motivation behind a temporary naming of a park is to put something in place that is a reference to that piece of the property that maybe solves the question of it being kind of becoming known as say the Borup property over time. So, that's the best example or the best answer that I have. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Doug, I mean -- I know that Keith had no -- has no desire to name the property, but why can't we call it Borup Park temporarily? I'm like the Mayor, I mean that's a mouthful. Got the West Meridian Community Park, now come on. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I discussed that with Mr. Baird as well and he had discussed it with Mr. Nesmith, who is chair of the naming committee and part of the motivation was -- well, in fact, the primary motivation is, as Mr. Strong stated, it was to get away -- I mean on this particular parcel it may make sense that the Borup property is not difficult to deal with, but to be consistent we have had this same problem with Lochsa Falls. We have had the same problem with Autumn Fair where it -- it's very difficult to change the mind set of people if you continue to call it that. The other thing that the naming committee had recommended is when they did these temporary names, that they be geographically located. So, that, again, when they use them in budget documents and RFPs and contracts, that it's clear where these locations are. This is -- and I don't -- I mean I don't know, Mr. Strong can probably answer this better. I don't think the intent is to put up a giant sign that says West Meridian Community Park. This is not to develop this property at this time. It's still dirt. It still has the rodeo stand there that the Lion's Club have used in the past. It's simply to make -- to get out of the business of keeping these property names on there that become problematic later when you want to change them and either recognize an individual or recognize someone else, in doing that it's to get that mind set off the table as quickly or reasonably quickly as you can and, again, the intent was to simply just use geographic locations, rather than Cherry Lane Community Park or something else that, again, it becomes identified. No one is going to probably name it ultimately West Meridian Community Park, but I don't think Mr. Strong is talking about putting a big sign there that everybody is going to call it that, it's more an internal function is what he's trying to do and to get the mind set out of other folks that somehow that's what it's going to be forever. So, that was the rationale that the naming committee and the parks commission were using doing that. It didn't seem that long to me. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council March 27, 2007 Page 10 of 66 Bird: In other words, we get it changed and by the time everybody gets West Meridian Community Park out of their mouth and got it located again, it will be time to name it permanent. Borup property -- Borup park is temporary. Let's leave it there. That's two words. And everybody knows where Borup Park is. De Weerd: Not that it's stimulating, I'm simple minded, but-- Bird: I am. Strong: This is a recommendation from the commission and, certainly, it comes to you as a recommendation. If you prefer to refer to this property as the Borup property, we wi II go with that. De Weerd: Mr. Strong, I guess my point is it's being considered for design this year, which will I think give it more identity for what we would like to see it as and as that unfolds there might be a permanent naming opportunity, so that we only have to -- well, you know, so we only have to do this once. Strong: Madam Mayor, Members of the Council, I do want to take a moment, though, to give credit to this committee and the commission, because as you can see, they spent a considerable time in the last couple of months looking at naming and trying to get names of parks and facilities up to date. So, I do want to give them credit for their work. And this was one that has been discussed over time with all properties, because of what Mr. Nary's mentioned with confusion over how we start out calling a piece of property as we acquire it and what it eventually becomes, so -- but we will follow your direction. De Weerd: So, you know, is staff the who is confused or are we confusing our citizens? Strong: I'm sorry, I didn't -- De Weerd: Are we confusing our citizens? I mean it's not developed, so most likely no one is referring to it. Strong: It's mostly an internal issue at this point. De Weerd: Okay. Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: And, Doug, no -- I don't think there is any way that we would be belittling that committee, nor the parks and recreation commission. We think a lot of them and appreciate what they do for us. But, I don't know, I just -- I think the opportunity to name Meridian City Council March 27, 2007 Page 11 of 66 it a permanent name is -- is shortly to come, I hope, and I just don't see any reason to change it from what it is. And, you know-- Strong: If that's your direction, we will take that back to the commission. De Weerd: I guess we would like to ask what you're taking back to the commission. Just that as the design elements come out, that we would rather not have this interim confusion, that we'd like to wait until we can have a permanent name. Strong: We will do. 4. Proposed Baseball Park Complex Naming: De Weerd: Okay. Thank you. Okay. Item 4. Strong: Madam Mayor, Members of the Council, the next item is a permanent naming of a complex within a park. As you are aware we are developing an eight baseball field complex on the west side of Meridian Settler's Park and the naming committee from the parks and recreation commission has proposed a name for that complex of the Layton Family Baseball Complex. And, then, additionally, that the field to the north, the large field in the north part of that complex be named after Trace Layton and be called Trace Layton Field. It still leaves other fields that could be named by donors for fund raising for the Meridian youth baseball league and other projects, but because of the enormity of the contribution over many years, as well as the personal time, as well as financial contribution of the project, it seems like a very appropriate step to take and that's what we are bringing forward to you tonight with staff's support of this naming. De Weerd: Thank you, Doug. And it should be noted that the committee did contact Trace Layton and talk to him and I would note that he was very humbled by this recognition. I believe that both Charlie and Keith -- I'm sorry -- the two Council members to my right, were part of the parks commission or involved in some way when Trace was involved on it. Then he was a founder of the vision for the park out there and the development of baseball fields or baseball complex. And I think he's the only one who has really hung on this long through all the tenuous and tedious process. So, you know, I think that this recognition to the Layton family in terms of what they have done, not just at this park, but at Storey Park -- or not at Storey Park, but the park out -- Fuller Park. So-- Bird: And Storey Park. Rountree: And Storey Park. De Weerd: And Storey Park with the legion field. So, Council, I would look for your approval of this naming of the baseball complex and one of the primary fields. Bird: Madam Mayor? Meridian City Council March 27, 2007 Page 12 of 66 De Weerd: Mr. Bird. Bird: I would move that we name the -- is that called a softball complex? It's called a baseball complex. Strong: It's baseball slash softball. But if we refer to it as a baseball complex. Bird: Okay. Baseball-softball complex. The complex name is the Layton Family Baseball Complex and the main field to the north is the Trace Layton Field. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you, Mr. Strong. Strong: Thank you. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: MFP 07..001 Request for a Modification to the Final Plat to relocate the approved perimeter fencing for Medford Subdivision by Dyver Development - SWC of Eagle Road and Victory Road: De Weerd: So, we will move to Item 8, MFP 07-001. Anna. Canning: Madam Mayor, Members of the Council, we do have a letter stating the applicant is in agreement with the modification to the final plat. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8, PF 07-001 for Medford Subdivision. Bird: Second. Meridian City Council March 27, 2007 Page 13 of 66 De Weerd: Okay. I have a motion and a second to approve Item 8. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Typically -- I did want to make note. We have several young people in our audience today. It is spring break and we know that there are many other places that you probably could be. We appreciate you being here with us. It is tradition, usually, for the students that manage to last through at least half of our meeting, we give them a City of Meridian pin. But I will pass to our city clerk pins for you all, since you joined us during your spring break. But we appreciate you joining us tonight. Item 9: FP 07-006 Request for a Final Plat approval for 4 commercial building lots and 6 industrial building lots on 32.75 acres in I-L and C-G zones for Creamline Park by Creamline Associates, LLC. -1200 W. Franklin Road: De Weerd: Okay. Item 9 is FP 07-006. Anna. Canning: Sorry, ma'am. I'm still having problems with these two monitors, getting something up there for you to see tonight. On -- this is the Creamline Park project. The applicant did raise some questions about the conditions in the final plat. We have resolved four of -- actually, we have resolved all of the issues, but I do need to have Council read in some changes. One would be to site specific condition number 17. The applicant is in agreement with the wording I have in your presentation notes and that would be to remove the existing conditions A through C and adopt one that reads: Depict either fencing per UDC 11-3-A6-B3 or the landscaping as an amenity per UDC 11-3-A6-B2, adjacent to the Eight Mile Lateral on the plan. Include fencing details, i.e., construction materials and a picture slash sketch on the plan. The fencing shall be installed with the final plat. The other item that needs to be read into the record is with regard to general requirement number two. The applicant has asked to be allowed to have one building permit prior to the final plat being recorded. Actually, they asked for all of them to be released, but we have compromised on one. If that meets Council's approval, the change that would need to be done to general requirement number two is to add a sentence stating one building permit may be requested prior to recording the final plat and, then, adding the word additional toward the end of that sentence before building permits. The wording is up on the screen. Sorry. De Weerd: Thank you, Anna. Canning: The first one was in your notes, but this one is up just on the screen. Sorry about that. De Weerd: Okay. Council, any questions? Meridian City Council March 27. 2007 Page 14 of 66 Bird: I have none. Zaremba: Madam Mayor, I have one comment. De Weerd: Mr. Zaremba. Zaremba: Director Canning, the -- oh. Not speaking loud enough. Okay. In our packet we had a letter from Intermountain Gas Company asking that their easement continue on through the private road and do we need to add that someplace? I'm thinking that's appropriate somewhere around site specific 15. Or is that something that's understood without adding it? Canning: Madam Mayor, Members of the Council, that would be appropriate as stated to add it to item number -- to go ahead and add it to item number 15, I believe. Zaremba: Okay. Just a reference to the letter is good enough or do we need to specify how the easement continues? Canning: Madam Mayor, Members of the Council, we can work out the wording for the final plat order, as long as it's clear what the intent is. So, I think we just -- if you'd give staff direction to add it as a part of the final plat order. De Weerd: Okay. Anything further? Okay. Thank you. Council, do you have direction on this? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9, FP 07-006, directing staff to clarify the access easement as indicated in the correspondence from the gas company. That site specific 17 be changed as noted in the presentation by staff removing site specific comment A through C and adopting the following A, depicting a fence per UDC 11-3- 6B-3 or the landscaping as per UDC 11-3-A-62, which is adjacent to the Eight Mile Lateral on the plan, including fencing details in the parenthetical comment. And that the general requirement number two be modified as shown in the overhead presentation for item two, one building permit may be requested prior to final plat. And the final plat for the subdivision shall be recorded before applying for additional building permits. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council March 27, 2007 Page 15 of 66 Item 10: Public Hearing: RZ 07..001 Request for a Rezone of 1.59 acres from an R-4 to an R-8 zone for Oeklan Subdivision by Heritage Development, LLC - east of the NEC of W. 4th Street and Maple Street: Item 11: Public Hearing: PP 07..002 Request for Preliminary Plat approval of 6 single-family building lots and 2 common lots on 1.59 acres in a proposed R-8 zone for Oeklan Subdivision by Heritage Development, LLC - east of the NEC of W. 4th Street and Maple Street: De Weerd: Okay. Items 10 and 11 are public hearings RZ 07-001 and PP 07-002. We will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Deklan project. It's located on the east side of West 4th Street near the northeast corner of West 4th and Maple, as shown along the vicinity map. It's just south of the LDS church. The applications before you tonight are a rezone and preliminary plat approval. The rezoning is from currently R-4 to R-8 for 1.59 acres and, then, a preliminary plat approval of six single family residential building lots. The gross density is 3.77 units per acre. The Planning and Zoning Commission did recommend approval at their February 15th, 2007, hearing. Megan Johnson spoke in favor of the application. Laura Lentz was in opposition and also in opposition, but not providing verbal testimony were Bud Larsen, Janet Larsen, John Fernandez and Kay Fernandez. No one was commenting. Key issues of the discussion by the Commission were the improvements along West 4th Street and there were no changes to staff's initial recommendation. The outstanding issues before the City Council -- the applicant initially requested to have the PI requirement -- pressurized irrigation requirement waived for the subdivision. Staff didn't support that request. The applicant didn't raise the question again during the hearing or subsequent letter, so if they plan to install the pressurized irrigation system, there are no outstanding concerns from staff, so -- they did need to do a modification to their cul-de- sac as shown here. It makes their landscape buffer a little narrower just in that one small portion. And with that I will answer any questions that Council may have. De Weerd: Council, any questions for staff? Bird: Not at this time. Zaremba: Madam Mayor, I do have one. De Weerd: Mr. Zaremba. Zaremba: I keep losing track of the area that is supposed to be changing to Old Town. Isn't this within the area that the rezone would be proper to go to OT? Canning: No, sir. The Old Town boundary changes -- I believe on the other side of -- Zaremba: West 3rd, maybe. Meridian City Council March 27, 2007 Page 16 of 66 Canning: I think it's -- in some areas it goes to 4th, but not in this particular area. It doesn't start until south of this area. So, this area is still shown as the -- I can bring it up. Hold on. I have that capability. Zaremba: Well, one of these days I will remember where the intended boundaries are, so you have answered my question. De Weerd: Anna, isn't the McFadden property north of that? Canning: No. It's the LDS church. De Weerd: Oh, the LDS church. Okay. Canning: Oh, that doesn't work. No, sir, it's not intended to be -- Zaremba: Thank you very much. De Weerd: That was an easy answer. Okay. Anything further? Is the applicant here this evening? Good evening. If you will, please, state your name and address for the record. Johnson: Good evening, Madam Mayor and Council. My name is Megan Johnson with WRG Design. Office address is 1173 East Winding Creek Drive, Eagle. 83616. De Weerd: Thank you. Johnson: And I'll make this pretty short. We are in agreement with the conditions of the staff report, with the exception of the pressurized irrigation system and that's simply because there really isn't a reliable source of water. We did meet with Bill Henson from the Nampa-Meridian Irrigation District and we do have a letter from him stating that there isn't a reliable source of pressurized irrigation water on this property and that there really -- there aren't any other established pressurized irrigation systems in this area for the project to connect into. Our engineer is here to answer any technical questions you may have about this system, because I don't know that. I don't know all the details. But that's the general information, so if you have any questions I'm more than happy to stand for questions. De Weerd: Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council March 27, 2007 Page 17 of 66 Rountree: What are the size of the common lots that you have in total for this development? Johnson: The common lots? It's -- I believe it's about .1 acre, 6.3 percent of the site. Rountree: Thank you. De Weerd: Anything further from Council? Len? Grady: Madam Mayor, Members of the Council, it was our opinion that if they could -- we realize that the water rights there are not as reliable as they could be, but if they could capture whatever water they do get and supplement with the city's water, we would be much happier. Underground tank of some sort that we could supplement with city water. De Weerd: Thank you. Do you understand that comment or -- Johnson: Right. And I think I'd actually prefer to have Ryan Morgan, the engineer, come and discuss that. He knows the technical -- De Weerd: Thank you. Morgan: My name is Ryan Morgan. Also with WRG Design, 1173 Winding Creek Drive, Eagle, Idaho. 83616. Madam Mayor, Members of the Council, we looked at the possibilities of capturing the water and did some extensive research with the Nampa- Meridian Irrigation District and it comes down to the fact that we have 1.2 shares of irrigation water for this particular piece of property, which is equivalent to nine gallons a minute and we only get water delivered one day out of the week, if that, and during the summertime it's often less than that. We have talked with the neighbors in the area and they say it's oftentimes less than that. So, we are looking at putting a tank in -- not an extremely large tank, there would be a tank involved and, then, probably a one, maybe two horse pump to facilitate this and for the amount of use that it would get, we just felt that it would not be that beneficial as per the amount of water that we would be using. We understand the need for conserving water and we are in agreement that it takes a lot of time and effort to treat water to a drinking water standard, but we also feel that in this particular instance with the amount of water that we would be using, that it would just not be beneficial, not only to our client, but also to the neighborhood in general. De Weerd: Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council March 27, 2007 Page 18 of 66 Zaremba: Just for me to have a frame of reference, how much -- how much water do you think you would need and have you identified how much you would get? Do you need a hundreds times that or ten times that or -- Morgan: Typically for irrigation needs for the amount that we have got for this particular project, you're looking at 30 to 40, maybe as high as 50 to 60 gallons per minute for a two to three hour -- actually, I take that back. For a one hour period two to three times a week. So, we are not talking a whole lot of water, but, like I said, the problem comes in the fact that we only get water one day a week, so we would be storing this water, most of which, if we get it on a Monday, most of which will be evaporated and gone by the time you go to use it on Wednesday and a Friday. So, you'd only be able to use that water one day a week, because most of it, then, would evaporate even if you did put it in an underground, you know, vault, with the temperatures through especially July and August, you would, just through the natural process, lose a lot of that water that you tried to retain anyway. Zaremba: Okay. That helps. Morgan: Thank you. De Weerd: Len? Grady: Madam Mayor, Members of the Council, I would -- I would still argue that if they receive water on Monday, that they set their timers on Monday. Evaporation losses would be insignificant. Because it is such a small area, I think the tank required would be relatively small. I kind of did a ballpark estimation, about a six foot diameter pipe manhole, maybe ten feet deep or less would cover it, but that was just the back of an envelope calculation. De Weerd: Okay. Okay. Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: I did have some answers for Council member Rountree, if you wanted them. De Weerd: Okay. Councilman Rountree? Canning: It appears that the open space on the north side of the entrance road is about 2,700 square feet. Then, this one I think shows up at 24 -- it's a little hard to read it, so totaled they are a little over 5,000 square feet. But it is a small in-fill site. It's only one and a half acres, so -- De Weerd: Thank you, Anna. Okay. Council, any further information needed? Meridian City Council March 27, 2007 Page 19 of 66 Bird: I have none. De Weerd: Does the applicant have any last words? Johnson: No. Just to, again, ask for the waiver of pressurized irrigation, but that's it. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I have a question for the applicant. Do you have anything that would represent the design of the homes that you propose to build in there? Johnson: Yes. I believe we submitted building elevations with the application. Rountree: Anna has those. Johnson: I think I have some in my folder, but I believe we are looking at about 1,500 square foot homes. Single story, I believe. And, yes, more of a patio home, kind of in- fill development. Canning: Sir, would you like me to get those -- do you want to look at them in the file or do you want me to put them up on the overhead? Rountree: If you'd stick them up on the overhead. Canning: Okay. It will take me a minute. It's not fired up yet. Grady: Madam Mayor? De Weerd: Yes, Len. Grady: While she's putting that up, just a further note. If the Council does waive that requirement, they would be required to have well development fees that -- I think they are roughly a thousand dollars per ERU is what we charge for lots that hook up to city water for PI. Just a reminder. De Weerd: That was your understanding? Johnson: Yes. We were aware of that. Canning: That's one elevation and I have another one. Meridian City Council March 27, 2007 Page 20 of 66 Rountree: Thank you. I have nothing more. De Weerd: Okay. Thank you. Okay. Council, I would entertain a motion to close. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the Public Hearing on RZ 07-001 and PP 07-002. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Items 10 and 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion? Further information needed from staff? Do I have a motion? Rountree: Madam Mayor, I have a question for staff, because I can't get the comments up on my computer. What was ACHD's comments about 4th Street and its potential to be extended to Cherry Lane or some improvements on the end of 4th Street, because it just kind of goes out into a vacant field right now. Canning: I will have to check the comments briefly, but I can bring them up and you can look at them at the same time. Madam Mayor, Councilmember Rountree, it appears that the conditions don't state much more than -- other than improving the portion of 4th Street that adjoins this property. I can look and see if we have got a copy of the staff report. Unless Mrs. Richardson happens to know, who's sitting in the audience hiding quietly. De Weerd: Do you know? Okay. Council, to consider her testimony, I would need you to open up the Public Hearing. Rountree: So moved. Bird: Second. De Weerd: Okay. All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Meridian City Council March 27, 2007 Page 21 of 66 Richardson: Good evening. Christy Richardson, representing ACHD, 3775 Adams Street, Garden City. Madam Mayor and Members of the Council, with relation to 4th Street, staff report doesn't address its future or its extension. It is a local street and how it develops in the future will depend on adjacent development, such as the application before us this evening. But there are no ACHD plans or funding to extend it to the north. Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: Question. Is there a requirement on ACHD's part to put up some type of barrier to indicate that the road doesn't go through? And I'm not aware there is one there now. Richardson: Madam Mayor, Members of the Council, while there is not a specific condition written into the staff report, it is standard that those types of barricades are put up. And I can certainly add that into our comments just as a flag to our standard conditions that it be noted to be included. Rountree: Thank you. Zaremba: Madam Mayor, if I'm interpreting the aerial correctly, there is one more property north of this property along 4th that still needs access, so the barrier wouldn't actually be at the end of this property. Am I interpreting that correctly? Bird: I think you're right. Canning: There appears to be -- Madam Mayor, there appears to be half a road already constructed. Mrs. Richardson, do you know if that's the case? Richardson: I'm not familiar with the site. Canning: And as you go further north I know that -- I know that it's -- that these properties on the north end of 4th Street do take access from 4th. There seems to be a full street section and this section. We have looked into this recently, Madam Mayor, Councilmember Rountree, because the church is considering requesting a rezone, so we have been looking at what requirements may be appropriate and we have been talking to them about that. So, I believe that these properties still take access from the kind of existing half street 4th Street and there appear to be improvements the full length, although it's not fully improved, obviously. Richardson: Madam Mayor, I would be happy to take this back and we can take a look at it and put up appropriate signage if necessary and certainly we wouldn't restrict access to anyone who is on that street, but if we need to make some additions, we would be happy to do that. Meridian City Council March 27, 2007 Page 22 of 66 Rountree: Thank you. De Weerd: But, Anna, they are fully developing that road up to the north end of the property; correct? Canning: Correct. Which would be this location. De Weerd: Okay. Canning: Mr. Berg said that the pavement ends there. Is that correct, Mr. Berg? Here? Bird: The third house down is where it ends. On the Cherry Lane. De Weerd: Ms. Johnson looks like she has the answer. Johnson: Well, I actually just drove by the site before the hearing, because I was a little early, so I thought I would drive by. There is -- starting just south of our property, there is a full street section and, then, we would be improving our frontage and there is already a paved half street section, which continues up -- and I'm not really sure where the canal -- there is a canal ditch that goes across 4tth and there is a half street section all the way up to where that canal cuts across 4th and it is just currently grass and used for parking, I believe, for the ball fields right now, the other half of the right of way. So, it doesn't end at our property boundary. De Weerd: Thank you. Council, any further information needed before we close the Public Hearing? Okay. Rountree: Madam Mayor, I'd move we close the Public Hearing. Zaremba: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. If there is no discussion, do I have a motion? Okay. Any further information needed? Zaremba: No. Madam Mayor, let's make an attempt at -- after considering all staff, applicant, and such public testimony as there was, I move to approve file numbers RZ 07-001 and PP 07-002 as presented in the staff report for the hearing date of March 27th, 2007, with no modification. De Weerd: Okay. I have a motion. Do I have a second? Meridian City Council March 27, 2007 Page 23 of 66 Rountree: I will second that and I have a question for the maker of the motion. Your motion indicating staff comments, that's an affirmative that there will be installation of pressurized irrigation? Zaremba: Yes. That was my intent, the requirement for pressurized irrigation will stand. Rountree: Thank you. De Weerd: Okay. Any discussion? That motion is to approve Items 10 and 11 with no changes. Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Canning: Madam Mayor? De Weerd: Yes. Canning: Clarification. With regard to the staff comments that -- there was questions from the Council regarding the elevations. I wasn't clear if they wanted a DA with the elevations or just as proposed. Rountree: As proposed. I guess. Canning: Thank you. De Weerd: I think, Anna, I guess in the past we have been asking that elevations be attached to the development agreement. Is that not what Council would desire? Oh, there isn't a development agreement. Bird: But it is part of the record. Rountree: It's part of the record. De Weerd: It would be desired that the elevations be attached to the Findings. Canning: Madam Mayor, Members of the Council, we have had this -- when there -- in the past when we had a lot of conditional use permits for projects and we tied the elevations to those conditional use permits, we had -- we had a mechanism. But we haven't figured out how to tie elevations to a plat yet and we are not allowed to tie elevation to a rezone. So, if the Council wants us -- wants those elevations or are Meridian City Council March 27, 2007 Page 24 of 66 concerned about that, then, we probably do need to have a development agreement just for that purpose. De Weerd: Okay. Council? Or, Mr. Nary, is that the direction we need to go, then, with the development agreement? Nary: Madam Mayor, Members of the Council, if the desire of this Council is to have the development agreement -- a development agreement as part of the conditions of approval for the annexation and tie those to that, we could -- you certainly have the ability to do that. In this particular incidence there is only six homes, so that -- it's your decision on whether you think that's vital in this case. What we have done in other ones -- so as Mrs. Canning says, we normally couldn't tie that to a plat, but, again, in an in-fill development of this type and of this size, it's totally within your discretion if you think you would like to have something like that. Might make sure the applicant's still here if that's what you want to do. De Weerd: They are standing outside. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I mean we just passed it on what was there. I don't have any problems with it. It's only six homes being built. De Weerd: Mrs. Johnson, I guess the discussion has been -- Council in the past we have usually tied the elevations to the project. Because this is a rezone and a plat, it's - - we can't do that without a development agreement. Johnson: Okay. De Weerd: So, the Council has been discussing whether a development agreement is needed to make sure that the elevations don't change. Oftentimes we get projects in front of us, they walk out the door and we think we have this certain looking project and, then, when we drive by six months later it looks different than what we thought we approved. So, they have been tying those as much as possible to the development that came in front of us. So, Council, what was the discussion there going on to my right? Rountree: Madam Mayor, I think Councilman Bird indicated that he was comfortable, because of the size of the subdivision, and I am as well, but I think that we have worked under the assumption for a number of months that this was happening and apparently it's not and I think our next agenda items will be a specific item that's precisely that where we assumed, based on previous testimony and possibly our assumptions are wrong. So, I guess just as a matter of possibly starting something consistent that in particular matter of design and lack of design review, but the design approval on the part of the Council, that we probably ought to be looking at some kind of a development Meridian City Council March 27, 2007 Page 25 of 66 agreement that speaks specifically to that element of all developments, so there isn't future confusion. So, I would say -- I don't think this is a biggy, but I would think that __ let's start -- let's go ahead and start it tonight and get consistent about what it is we do with design. Canning: Yes, sir. Rountree: If we need to get a brief development agreement specifically related to the design components of this particular project, hopefully we can get something like that that's canned and move it expeditiously. Canning: And Madam Mayor, Members of the Council, the reason I asked for the clarification is because this is -- this didn't have a DA and I have -- I'm very sensitive to the fact that you're concerned about the buildings that get built, especially the residential buildings. So, I pointed them out to you. So, don't fret too much that we have missed them, because I don't think we have and that's exactly why I questioned -- I asked for the clarification, because I wasn't sure that you were fully aware of that. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, maybe to follow up on that comment by Mrs. Canning, I don't think -- I guess I'm not going to say we are perfect, but I don't think between planning and my office if you have had projects presented in front of you and they have brought elevations and you have spent any moment talking about them, we have attached them to the DA. There is very few that we have brought forward in the last two years that I have been here that -- of any size, larger than six lots, that don't have a DA attached to them. So, we may have missed one or two, because I'm just assuming we might have, but generally we have not. So, most of them do have elevations. This one happens to be small enough that I think that the planning staff felt that the in-fill type of nature of this development, they were comfortable that it wasn't as critical as some of the larger ones that we have dealt with. DeWeerd: Okay. Mrs. Johnson, we just didn't want to do anything while you were standing outside. Johnson: Well, I appreciate. I apologize, I didn't realize the discussion was continuing. De Weerd: No. We were done. Kind of. Rountree: Sort of. Bird: Sort of. Johnson: So, we aren't doing a DA; is that -- Meridian City Council March 27, 2007 Page 26 of 66 Canning: Correct. Johnson: Okay. Thank you. Item 12: Public Hearing: AZ 06-059 Request for Annexation and Zoning of 224.26 acres from RR to R-2, R-4 and R-8 zones for Blackrock Castle Greens Subdivision by Providence Development - west of S. Eagle Road and south of Amity Road: Item 13: Public Hearing: PP 06-059 Request for Preliminary Plat approval of 644 residential lots and 31 common lots on 224.26 acres in the proposed R-2, R-4 and R-8 zones for Blackrock Castle Greens Subdivision by Providence Development - west of S. Eagle Road and south of Amity Road: De Weerd: Okay. Items 12 and 13 are public hearings on AZ 06-059 and PP 06-059. will open these two public hearings on Items 12 and 13 with staff comments. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: May I interrupt for a moment just to comment. About a week after you graciously appointed me to this Council I had a very pleasant hour or so talking with Barbara Fulcher and her husband discussing this project, listened to their concerns, perhaps gave her some advice about how the process was going to work and how to get her concerns more widely noticed, and at the time I think I believed that the application had not been filed yet. I believe I learned later that it had actually been. My question, I guess, is should I sit here through this? I have no personal financial interest in this project one way or the other, but I wondered whether my opinion has been tainted. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess the first question, Councilmember Zaremba, is whether you think it's been tainted. Based on the nature of the conversation and what you just stated, the first person to answer whether there is a conflict is you. Secondarily, if you would like -- if you don't believe you have a conflict, the second -- the second step in that analysis is whether the rest of the Council agrees with that and whether they think it's a conflict. The case law in Idaho is not as crystal clear as I would like it to be as to what prior contacts and the nature of those, how significant those contacts are. The cases on point say what you have just done in revealing those prior contacts is sort of adequate, it just doesn't -- the case law doesn't give me enough comfort level to tell you that that's sufficient. So, again, I think it's sort of your decision. If at the time when you had the conversation you were unaware that Meridian City Council March 27, 2007 Page 27 of 66 the matter had been filed and, then, technically, legally, that's not a conflict to have the discussion. The fact is you have revealed the nature of those contacts and that discussion is what the courts have said is required. But whether or not you think your advice and the nature of the discussion was such that you feel it may impact the appearance or whether or not your decision is based on the prior discussion and not just testimony you have heard today, only you can answer that. Zaremba: My opinion on that would be that while I listened sympathetically, I did not make a decision, because I knew I had not heard both sides. Nary: So, if you don't think it's a conflict, unless the members of this body think that that's a conflict that they aren't comfortable with, you have the ability, Council members, to ask Councilmember Zaremba to recuse himself if you think that that is too close or too difficult a line to draw tonight. De Weerd: Council, any problems with Councilmember Zaremba? Bird: Madam Mayor, I don't. Rountree: Well, there might be, but not on that particular item. Zaremba: Thank you so much. De Weerd: Boy, I didn't ask that right, did I. Zaremba: I will stay, then. De Weerd: Okay. Thank you, Mr. Rountree. Okay. This is an open Public Hearing and I will ask for staff comments. Canning: Madam Mayor, Members of the Council, this is the Blackrock Castle Greens project. It's located on the west side of Eagle Road, approximately a quarter -- or, excuse me, a half mile south of Amity Road. I did want -- it doesn't show up on our vicinity map. The annexation path is through this property. They have received approval for R-4 zoning and, then, it connects point to point to another R-4 zoned property on the north side of Amity Road. And, then, I also, while we are on the vicinity map, wanted to point out this is the existing Blackrock Subdivision approved in Ada County. It's part of the annexation request, but not part of the preliminary plat request. The applications before you tonight are annexation and zoning and preliminary plat approval. The annexation and zoning is for a mix of R-2, R-4 and R-8 zoning, totaling 224.26 acres. The R-2, which is the existing Blackrock Subdivision, is 45.93 acres or 20 percent. The R-4 zoning requested is 73 acres or about 33 percent and the R-8 zoning is for 105 acres or about 47 percent of the site. The preliminary -- in the R-4 zoning is going to be lighter shaded areas. The zone boundary comes down to the park, comes out to the park, and, then, follows the road again down to this road and, then, it pops out to that corner down here and wandering south down to the south Meridian City Councll March 27, 2007 Page 28 of 66 property line. So, that's, basically, the boundary of the R-4 zoning. It is the lighter colored lots. And, then, this would be the R-8 zoning here on the east side of the property. And, then, the preliminary plat proposes 644 single family residential lots, 30 common lots, and one city park. You can see the city park. All of the homes within the development are proposed to be single family detached. The gross density of the project -- and this excludes the 44 lots previously developed. The density is 3.6 dwelling units per acre. Approximately 15.4 percent of the area being subdivided is set aside for open space. As I mentioned before, there are 44 single family home sites on the kind of southwest corner of the property that were previously approved. I'm sorry. On the Comprehensive Plan future land use map it does show a potential city park site shown on the property and they have provided that. They are proposing to construct an 8.7 acre city park and the applicant has worked with the parks commission regarding proposed park dedication and they have received a favorable recommendation from that commission. We have some elevations and I believe the applicant has additional ones. These are the four in the Signature series, four in the Legend series, and this is the rear elevation. The Planning and Zoning Commission recommended approval at the February 15th, 2007, hearing. Kent Brown and Don Hubble spoke in favor of the application. Scott Fulcher, Barbara Fulcher and Russ Fulcher spoke in opposition. No one commented. Key issues of the discussion by the Commission were the building materials and architecture of the proposed homes. There were no changes to staff's initial recommendation. Outstanding issues for City Council -- there still is opposition, as represented by the additional written testimony largely from the Fulchers and, then, although the Commission seemed on the verge of requiring elevations attached as part of the DA, they did not do that. So, the development agreement before you has not tied the applicant to any -- any of the provisions of the elevation shown on these pictures. The written testimony since the staff report is noted previously from Russ Fulcher. Also from Martin and Patricia Prubristia -- hope I got that right -- and Don Cantrill. And with that I will answer any questions that the Mayor or Council may have. De Weerd: Okay. Council, any questions for staff at this point? Bird: Not at this point. De Weerd: Okay. No? Canning: Madam Mayor, Members, there was a question from the audience during the presentation, the difference between the R-4 and the R-8. If it -- would it be -- would the Council like me to briefly address that issue? Thank you, Madam Mayor, Members of the Council. The R-4 zoning is an 8,000 square foot minimum and has a larger frontage requirement, I believe it's 50 feet of frontage on a public street. The R-8 allows for down to a 4,000 square foot home for an attached home -- these are proposed to be single family detached homes and so for those it would be a 5,000 square foot minimum lot size. That is the basic difference between the two zoning categories. De Weerd: Thank you, Anna. Meridian City Council March 27, 2007 Page 29 of 66 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Also in the difference isn't the width of the street part of the lot different in the 45 in the R-8 and -- Canning: Yes, sir. In the R-8 it's 40 for an attached unit and I think it's 50 for a detached and for the R-8 it's -- I mean for the R-4 it's 60. Bird: It's what? Canning: It's not 80 feet anymore, sir. Sorry. Bird: I know that. De Weerd: Okay. Council, anything further? Is the applicant here? If you will, please, state your name and address. Brown: Good evening. Kent Brown, 1500 East Iron Eagle, Eagle, Idaho, is my business address. Thank you. De Weerd: Thank you. Brown: I think Anna covered most of the items. We do have six lots that will attach to the 44 that are already existing. Those are R-2 also. The R-2 boundary, basically, follows the greenbelt that we have at the toe of the hill with the multiple micropaths. To kind of give you an overview of this area, we sit at the toe of a predominant ridge that runs between here and Nampa. It gets to Amity Road and continues along the south side of the freeway that we are familiar with. In the Comprehensive Plan you asked for low density in this area and we have accommodated that in our lots. We also have a micropath along our southerly boundary. In this particular area the slope goes up rather quickly. We have put our stub street as what we felt as far to the west as we could. We also -- we also have another stub street that is a little further east. We have stubbed to this -- I think it's ten acres here that the McKays own in two locations south of the main entrance street that comes into the development. We have gone and received approval from the parks commission with this park site. We spoke to them earlier when we were doing the Comprehensive Plan modification for this area and proposed a park there. As we got closer to having a hearing with the -- with them, we went back to the school district and asked them if they wanted a school site on this property and would work out, you know, with the parks department for maybe a joint facility. They were not interested in a school site on this property. So, we continued fOlWard with our design. We have a Meridian city water booster pump station that is located here for the area and, then, we have the shelter, the tot lot area, and, then, they call them court games. There was some interest, a desire to maybe have a tennis court, but at the same time they could put basketball hoops at each end and play basketball also. Put up some backstops in Meridian City Council March 27, 2007 Page 30 of 66 this location, plus the parking that we have here. Anna, if you could go back to the overall or -- we have an additional seven acres of open space that are in parks that are located in these three locations. The northwest one is almost three acres in size that's located here. I believe we have a basketball court that's located in this. The police department spoke that they would like it moved further away from the homes and we moved that a little closer to that inside corner of the street there. We have a tot lot that's located here in a 1.8 acre park. And, then, down in the bottom one we have a two acre park with a gazebo that's located in the northern end. We have the pathways, again, that's along the toe of the hill and along here. We believe we have good circulation for that. We have the Ten Mile Creek corridor. We have approached Scott Fulcher at the request of the planning department to see if we could maybe make that connection across his property. That didn't look likely and so we stubbed in a connection at this location and at this location, so that you can come down to Ten Mile Creek pathway and, then, back out and get onto Eagle Road. Tonight prior to the meeting a representative for the Fulchers contacted me and said that they would like to work with us. They -- Scott maybe would want to swap some -- some ground to make that pathway work. We have at least 20 feet here at the south and we could maybe move things around to accommodate that, but we are not unopposed to working with them to try to make that connection straight. In speaking with their representative -- and they are going to speak -- they are looking at a commercial type of use and we are interested in the street stub being stubbed across the Ten Mile feeder in that location. We could -- they would still like access to public services, utilities, water, sewer, so forth. We could accommodate that and maybe swap that out with a micro-path, if that's your pleasure. We tried to create with this park the ability to enter that park and really make that neighborhood park function the way that your Camp Plan calls out that neighborhood parks are supposed to, being able to work to it from different directions. We believe that we have a good plan that we have tried to have less density that is further in and, then, higher density closer to the potential that Eagle Road will be in the future with having higher speeds of traffic on Eagle Road. We have 15 acres of park space that is strictly just park space. The seven and a -- or the 8.7 acre city park and, then, the miscellaneous other three parks that add up to another seven acres. Seventy-eight percent of these lots back up to an open space or share a side to open space. The way that I counted those that they might have a landscape buffer that's in the back or a landscape pathway that is in their backyard or a micro-path that's along them or they are across the street from a park. So, one of the three neighbors that each home would have 78 percent of the people that are in this neighborhood have open space as one of those neighbors. We believe that we have done a good job. We have tried to address all the issues as they have arisen. We have put these landscape bubbles in to address the concern of the police department that those might have on those. But, for the most part, the two residential collectors that we have running through the project are going to handle that traffic. This residential collector here, if someone lives in this area, doesn't have to drive past very many homes and doesn't impact very many people to get back into the development. And we believe that our collector system does that, that it facilitates that, that people can move freely without burdening the streets that would have a lot of people driving by them. I would like to speak to one item. We have been working with the ditch company. The Beasley Lateral currently comes at this location Meridian City Council March 27. 2007 Page 31 of 66 and comes at an angle and, then, goes north in this location. They don't want any trees or shrubs. They don't mind if it's grass. So, along our northerly entrance there where we have landscaping, if we put the Beasley Lateral in that location, we wouldn't be able to put trees. We would like to leave it open. I know that that creates a problem, but we think that at least looking at the water in the ditch would be some kind of amenity versus just the grass. I apologize to staff, because I didn't really think about that until we have been trying to address some of these issues with the ditch company as the water is coming into the ditches. That was one of the items that came up recently and we tried to approach them about eliminating the need for the Beasley Lateral. There is a handful of water users. If we were able to do that, then, it becomes a users ditch and, then, we could reduce the easement that's needed and still provide the piping and so forth. But that doesn't look like that that's going to come to fruition and so you might think about that. That was one of the things that at least we would want that to look nice and make it look like a stream. I know that the concern has to do with child safety and that would be a concern of ours also. But we think that we can make it child safe in that area and leave that portion open. I will stand for any questions that you might have at this time. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kent, we -- on the exterior of the subdivisions we try to get larger lots. Is there any way that we could trade those R-8s up there on the north -- north and east corner to at least R-4s, make those R-8s in somewhere else? Brown: You're talking about in this location? Bird: Yeah. Along there. And I know -- I know you don't have anything there right now, but I'm sure before long we will have, but -- Rountree: There is R-4 adjacent to it. Bird: Uh? Rountree: There is R-4 adjacent to it. Bird: Yeah. So, I -- is there anyway that you guys would be acceptable to doing that and putting -- say you got to stay with R-8s, you need that kind of R-8s to pencil out, put it inside somewhere. I just like to have larger lots on the exterior of the subdivisions like that. Brown: Are you talking along the ditch also? Bird: All your boundary there. You have got R-4s on the -- Meridian City Council March 27. 2007 Page 32 of 66 Brown: We have got R-4s up to -- Bird: Right there. Brown: -- right here. Bird: And, then, you got your R-2 and R-4s down there. Brown: And this is where the R-4 zoning is to the north of us. Bird: Yeah. And, then, you go R-8 on -- Brown: And, then, we have R-8 that is in this location. Bird: Is there any way we could flip those for R-4s? Brown: We are here to tonight to be approved and if we need to do something like that and move some of those things around, I think that we have gone forward multiple times, made multiple changes. When we first did this Comprehensive Plan we had a layout that was used as a part of coming up that there was a park space and where do we transition. Upon staffs recommendation and, then, upon your approval of that Comprehensive Plan, we ended up losing 20 lots in this area to accommodate the movement of that line, that -- because it did move further into our project and I guess we can accommodate that one way or another, but -- Bird: Is it doable, Kent, is what I'm asking. And I don't know what you're going to back up to there on the southeast corner and the south in there, I don't know what you back up to there, but I just -- I just feel that if we can get the larger lots on the exterior, then, subdivision can deal with the small lots inside. And, then, that way we are more accommodating to our neighbors -- neighboring subdivisions and stuff. So, if you could work it out -- I mean I'd certainly appreciate it. And we have been asking for people to back up to at least match or come close to matching the same size lots. Brown: I guess that would be the only one area that I could think of where we haven't fully tried to buffer our neighbors. I mean we have, basically, one lot against these neighbors here, because we have that open space or that common area micro path that's there. We have that same provision here. Nampa-Meridian's requirement for that area, the closest that any house could be to you is 100 feet with -- that is along that Ten Mile Drain. Bird: I don't know. I just prefer the larger lots on the exterior and your higher density inside, but -- Brown: We definitely can look at that. Meridian City Council March 27, 2007 Page 33 of 66 Bird: Okay. Thank you. De Weercf: Kent, what is your phase plan? Phasing. Brown: Phase one includes the entrance here, comes over to the park, and, basically, runs up in this location and these lots here with the entire park. I have the facts and figures for the cost of the park if you're interested. I'm looking at those numbers. We did provide those to the parks commission. We have a million and a half dollar donation to the city with approvement of that park. I think -- and the city's contribution, 270,000 to our million and a half to have a fully improved park. De Weerd: And I guess the police department usually requires -- or fire department usually requires a secondary access at a certain point. When -- where is that secondary access? I see one. Brown: We will work with them on that. We have very little frontage here. We have to bring the sewer from the north to the south. We have worked on those before and we have worked with Joe Silva to work those out. I know that they have a distance and all of those things. Currently along our southerly boundary there is a road here that's being used as a construction road. So, there is a number of I guess you could say opportunities for us to look at that secondary access, the conditions in place. We understand the condition and we understand we have to work with that as we bring in the different phases. De Weerd: You have very little frontage on Eagle Road. How are you working with the highway district? That's a huge subdivision and the roads in south Meridian have no place holder on the side of your plan, so I guess my concern is with the development that is already developed in that area, what is the plan and all the trips that you will be putting onto these roads and how will you participate in any road improvements? Brown: And you already understand how roads get built and how that funding mechanism works. We are -- De Weerd: And I recognize something needs to be done differently. Brown: I understand that. We are -- and before the full build out of this, we would be required to build a stop light at the intersection. We are somewhat limited because of this ridge that runs through this area as to how you can multiply connect and we have many connections. I think we -- overall we have nine connections. As the sewer goes out into an area, then, there is -- there is other connections that will come as other development takes place. When the highway district looked at our numbers, they spent an extra week -- two weeks and had additional traffic counts ran and, then, they took all of the projects that they had approved and you had approved that were between us and the interstate and took those numbers into consideration and we are still in that favorable area of approval for this area. Meridian City Council March 27. 2007 Page 34 of 66 De Weerd: Really? Brown: Yes, ma'am. De Weerd: Wow. Any other questions from Council? Bird: I have none. De Weerd: Okay. Thank you, Kent. Okay. This is a Public Hearing. I do have a couple of people who have signed up to perhaps testify or indicate support or opposition. First I have Carol Jarvis, if you would like to provide testimony. If you will, please, state your name and address. Jarvis: Carol Jarvis. 1875 Suzanne Drive in Meridian. De Weerd: Carol, you can pull that microphone down a little bit. Thank you. Jarvis: I don't know what the requirements are as to notification, but we were never notified by the county that they were ~- that all the other people you mentioned that had already made statements, was through the county hearing? De Weerd: No. That would have been through our Planning and Zoning hearing of the city. Jarvis: Oh. De Weerd: This doesn't go through the county. This-- Jarvis: When was that? De Weerd: Can you tell us when the~- Jarvis: I came to the first one. De Weerd: ~- Planning and Zoning meeting was? Zaremba: They heard this on February 15th. February 15th, 2007. De Weerd: And, typically, the notification is anyone that is within 300 feet of -- Jarvis: My property is right up against this site right here at the top. It's right in that area that she's showing now. And we didn't -~ we got the one hearing here that was canceled and put forth to a later date. De Weerd: I don't know why you wouldn't have gotten the first one, but we will apologize for that. Meridian City Council March 27,2007 Page 35 of 66 Jarvis: I guess my one question -- and some of the questions I have already been answered by what he was saying now, but felt like it's kind of leap frogging out here to put in -- to put in -- the other part of this subdivision is all one acres, the part that's already been done just at this corner part is there and so it was kind of a shock to find out that they are putting in 640 lots or something out there in the middle of a mile, which has nothing less than maybe one or two houses snuck in and are on smaller than an acre, but everything else is pretty much multiple acre property. And also as you were saying, the roads are -- particularly Eagle Road is really -- a mess now coming and -- I mean like at work time. I assume from what was said that they will be doing it in pieces. I mean this has been -- you know, they are not going to try to go in and put all those lots in at one time. But I mean can I -- over what kind of period of time is the -- do they have in mind to do this, instead of -- De Weerd: You can ask your questions and, then, we will ask the applicant at the end - Jarvis: Okay. De Weerd: -- to get up and -- Jarvis: That was -- you know, like that was one thing I was wondering about, too. I had a question about why they wouldn't be putting in a school and I still wonder about the school district allowing this big of -- it sounds like probably six to 1,200 children eventually in that big of subdivision. I think, like I say, he just answered several questions that I had. Now what -- is there going to -- there will be a road that goes to Amity; is that right? Or not? De Weerd: They do have connections -- stub streets that would stub in that direction that would be carried by other development. Jarvis: Okay. So, that wouldn't happen until they -- De Weerd: That's correct. Jarvis: Okay. I guess that -- like I say, several things I was wondering about were already answered, so -- I'm kind of appalled at those really small lots being put in there, but I guess there is not much that I can do about it. When you subdivide you subdivide, so -- we had, you know, always thought probably they would, you know, be -- I guess we thought they would divide -- I mean the subdividing has come south so fast, it's, you know, like two and a half, three years that it was two miles -- De Weerd: Yes. Growth has come to the valley. That's true. Thank you for your testimony. Jarvis: Thank you. Meridian City Council March 27. 2007 Page 36 of 66 De Weerd: Okay. We have Penelope Riley. I believe she's with the applicant? No? Well, when I see Treasure Valley Engineers, I just assume. Signed for. Riley: I'm Penelope Riley. I'm with Treasure Valley Engineers, 1204 6th Street North, Nampa, Idaho, and I'm here to represent the Fulchers. De Weerd: Thank you. Riley: Who live in the northeast corner of the site. We have come tonight to lend our support for the proposed subdivision this evening. Later on in my testimony there is a couple of items we would like to have assurances about. First of all, the current plat shows a stub street called -- I don't like getting old. I have to take my glasses off to see. South Marble and that stub street, which is a split entry up in the corner, provides access to Mr. and Mrs. Gale Fulcher's residential lot. There is a second stub street, as Kent discussed, that provides -- De Weerd: Ms. Riley, you want to use the pointer? Riley: Sure. Where is that? There is it. No. That's a pen. Okay. That requires glasses. De Weerd: We'll have you juggling. Riley: There you go. The thing I want to point out right here and that will connect the development site to the elder Fulcher's residents. This stub street right here is the one that will connect access -- public road access to Mr. Scott Fulcher's site and that street is called South Slate. I do want to point out that this development is going to have a substantial affect on the Fulchers and their residence and I'm here to help them navigate this process and maybe make sure that they have some protections in the end as we are done. The Fulchers do require assurances that sewer and water will be stubbed to the parcel boundary -- to the outward boundary of the site or as close as possible for both Scott Fulcher and Mr. and Mrs. Gale Fulcher's site and that would -- a good location would be where those stub streets already connect. Scott does support the South Slate stub street. With regard to South Marble, we would like to have the opportunity to discuss that a little further with the application. We still have some questions about potential uses of the Fulcher site and we are not quite ready to make a decision. If that would be amenable to the Council, we'd appreciate having that flexibility to work with Kent and his client regarding that. They shifted the R-8 lots away from the northwest corner of the site and put them further into the site, would make those that I represent very happy. They'd like to see that change occur if it's at all possible. The pathway along Ten Mile -- and, of course, Kent has already referenced that. Scott will work with the applicant to shift his parcel -- his one and a half acre parcel a little bit to the south, so that there is big continuity and connectivity for that path that stays along the creek and moves straight over to South Eagle Road. And, again, we'd like the opportunity to work with the applicant on that. Just for future references, the Meridian City Council March 27. 2007 Page 37 of 66 Fulchers are looking at the possibility of an attractively designed self-storage facility to be located in that parcel. It is sitting on top of a substantial swath of flood plane and it is small compared to the development that's occurring next door to it. So, we hope that Providence Development will support us in our development plans in the future. I would be happy to answer any questions you have. De Weerd: Council, questions? Bird: I have none. Rountree: I have none. Zaremba: I just -- because of the concerns that Barbara Fulcher expressed to me, I just wanted to make sure that she's in agreement that things are being worked out and -- Riley: I believe so. I have had her concurrence. Zaremba: -- can support the future of what's happening here. Riley: Yes, sir. That is correct. Zaremba: Thank you. Riley: Thank you. De Weerd: Tim Taylor signed up for. Taylor: Hi, Madam Mayor and Members of the Council. My name is Tim Taylor. I live at 1488 East Blue Tick here in Meridian. De Weerd: Thank you. Taylor: Usually I'm on the other side of the fence as a developer, but I am purchasing one of the larger lots up there in the already approved section and I'm here to show support for this development, but also to -- I guess make sure that the quality that we see here on paper carries through and a good quality community is maintained. And I'm sure some of these people can address some of my concerns. Today I spent a few minutes driving through some of the Hubble subdivisions in the area, both in Boise, Meridian, and Kuna and the -- we have all seen the billboards for Hubble and they are selling the monthly payment. And it seems that frequently people are spending their last penny to get into these homes and -- and are just able to make the monthly payments and so if some things aren't accomplished up front, then, they are never accomplished and there is some deterioration in the subdivision after many months. The first seems to be that -- well, I feel that I would like a commitment from the developer that the front landscaping is included in the price of the home or is paid for before they close on the home. Second is that the homes have some eaves clear Meridian City Council March 27. 2007 Page 38 of 66 around the house. I would also like to see some at least the wing fences put up. Wing fence meaning that fence -- part of the fence that goes from the house to the side boundaries of the lot. And I think it would certainly help if there was some stone or brick on the front facade of the house. I realize that Hubble fills a very important need to provide a substantial amount of space for a very reasonable price, but I think these things can be worked in for another 15, 25 dollars a month on that monthly payment and insure that the community is looking good for years to come. I do like those -- De Weerd: Sir, if you will, please, summarize. Taylor: That's my summary. I think if those four things are committed to by the developer, then, they will have a good community for years to come. Thanks. De Weerd: Thank you. I have Tom Sylvester signed up for. And Don Cantrill. Cantrill: Madam Mayor, Council Members, my name is Don Cantrill. I live at 3000 East Lake Hazel, Meridian. 83642. De Weerd: Thank you. Cantrill: My property is adjacent to the Blackrock on the south side down. Berg: Sorry. De Weerd: Really, your time isn't up yet. Cantrill: Anyway, right down here. I have got the 30 acres down here and over here we have got the Diamond Ridge Estates, which I have two lots there as well. Then, there is 6155 South Eagle I also own that, too. I would like to see the change of R-8 to R-4 on the south side of Blackrock. Same as they have done on their one acre lots up on the top on the west side down over here. I had the intentions of purchasing the property to develop into one acre lots. I would like to see perhaps a berm and trees over here once -- when I purchased the property there was a 15 year moratorium in '96. There is another four years on that moratorium, which, in return, the intentions is to build on this 30 acres of one acre lots and yet I have got these 800 square foot houses here. I believe I wasn't notified on the second meeting, but I was notified on the original. I didn't know anything was -- one prior to this one. But, any who, we are requesting that these be switched to R-4 and perhaps, once again, a berm and trees to divide our development from their development. As the last speaker had stated, I, too, have been to many of the Hubble homes and watched a few of the children two weeks ago out there digging up their trees. Obviously, there was a day off of school. Not to say that we are going to have the same issues here, but the fact is is that I'd like to protect our investment from their investment. That's alii have to say. De Weerd: Thank you, Mr. Cantrill. Any questions from Council? Meridian City Council March 27.2007 Page 39 of 66 Rountree: I have none. Thank you. De Weerd: Thank you. Those are the names that have signed up to testify. Is there anyone who would like to provide testimony at this time? Okay. Would the applicant like to conclude? Okay. Please state your name and address. Hamel: Chad Hamel. 701 South Allen Street, Meridian. I am here tonight on behalf of Hubble Homes. Do you have the full Powerpoint? I'd like to just address some of the architectural questions that were brought up. We realize that there is some concern in the community regarding our product and what we are planning on building out there. I would like to tell you that we are building the same product that we are currently building in Sawtooth that got approved in front of you people last year and -- De Weerd: Where? Hamel: April of last year, I believe. Rountree: Sawtooth. De Weerd: No. I mean -- Hamel: Sawtooth at the intersection of Meridian and McMillan. We haven't started it yet. De Weerd: Okay. Hamel: It is similar to what we building currently at Razzberry Crossing. And it is the -- it is -- can you go down to these pictures right down here? We are planning on building two series of homes, our Legend series and Signature series. And with these two series of houses off we will be offering a total of 13 different floor plans that will range from 1,400 square feet up to 4,400 square feet. Each floor plan will. have four different exterior elevations available. Our base elevation, which we are building in Sawtooth and Razzberry is called our Traditional elevation, which is -- you can see in this depiction right here. We realize the concern regarding architecture and we have made a concerted effort to bring some more curb appeal to our neighborhoods by sprucing up and modifying our exteriors. De Weerd: It's not moving. Hamel: These -- is there any way we can go down to the actual photos? Canning: Madam Mayor, Members of the Council, we have confused the computer. Hold on one moment. Bird: I thought I was the only one that could do that. Meridian City Council March 27. 2007 Page 40 of 66 Hamel: We would be willing to submit elevations per a developer's agreement and I have brought along some language that we have worked with the city of Nampa regarding architecture and would be more than willing and happy to submit that as part of the developer's agreement as well. It does address eaves and siding and some of these different architectural concerns that people may have. De Weerd: Now, do your elevations -- do your fronts have accents on them? Hamel: Yes. Accents? De Weerd: Like architectural rock or brick or variation of -- Hamel: Yes. De Weerd: -- your siding. Hamel: Yes, we do have that. De Weerd: Just not on that one. Hamel: Not on this slide that we can't get past. Bird: Madam Mayor? De Weerd: Yes. Mr. Bird. Bird: Mr. Hamel, do you have any problem with taking -- making your exterior lots throughout R-4s? And is there a chance you could make them say like 100 wide and 80 deep or 80 wide and 100 deep? Hamel: I think we would be willing to explore that option. If we want to extend R-4 all the way around? Bird: I think -- I think it would be -- I think it would be nice for your neighbors, to be truthful. And it's not something that we have just come up with. Hamel: Sure. Bird: Mr. Rountree and I have sat on the Council for a lot of years and we have always tried to make sure the exterior ones were larger lots and -- Hamel: We feel the development could sustain that if we could gain some of the density back in the interior. Bird: That -- in my opinion that's where it should be. Meridian City Council March 27. 2007 Page 41 of 66 Hamel: And we have no problem with that. Bird: If I come in there and buy on an R-4 and I know that there is going to be a lot of R-8 -- Hamel: Within the community. Bird: .- little lots there beside me, then, that's fine. That's me. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Councilman Bird has been leading the charge, so I haven't said anything, but I agree with him. Hamel: We do have some photos of the product we have been building at Razzberry Crossing and I don't know how many of you can see that right there, but it is a pretty attractive product we feel. De Weerd: Do we have it in our packets? Bird: Is this like the ones you're putting out on the McGurdy old place there off of -- Hamel: At Charter Point? Bird: On Maple Grove and -- Hamel: Yes. Similar. Bird: I think, if I remember right, you have brick or something on it, don't you? Hamel: Yes, we do. Oh, thank you. There it is. Canning: It took awhile, but Madam Mayor, Members of the Council, we have their presentation up. I'm sorry. Hamel: If you could go to -- and here is a layout -- a description of what we are offering out there. Our Legend series is the 1,400 to 3,500 square foot product. We will be offering eight different floor plans and each floor plan will have four different exterior elevation options available to it. The first will be the Traditional -- is what we call our Traditional elevation and, then, from there the buyer can upgrade to whatever look they want. The Signature is a little bigger series we do, 3,200 to 4,400 square feet. But, once again, we will have four different exterior elevations optional. This kind of talks about what I was mentioning earlier with the additional ten percent brick accents, 30 hard board, some stone and a third car garage. Lots of combinations available and we Meridian City Council March 27. 2007 Page 42 of 66 really have made an effort to address people's concerns regarding the product itself. And here is our base elevation -~ elevation A is what we call it. Traditional. B has two tone stucco, some different eaves placing, gabled -- the two gables. And, once again, here different combination of siding and a different look and, then, stucco and siding as well. And this will -- we will have this available for every floor plan we have out there. De Weerd: In your elevation A and B on the -- what is your accent on there? Hamel: Shutters. And this will be a two tone stucco. I'm not sure I guess -- I'm not sure I understand the accent question fully. De Weerd: Well, usually it's not really the window dressings, it's more of the rock or brick or -- I don't know of any of the terminology, but it's a different face. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Most of the time if they put -- if they put stucco up they don't put brick. You know, there is a lot of houses -- De Weerd: You put rock. Bird: -- that -- De Weerd: Okay. I put rock. Stanley: I'm Suzanne Stanley and I'm also with Hubble Homes at 701 South Allen Street. And I just wanted to address the issue of the brick or stone accents that's available. We have a standard elevation package for all of our products and you will see that there is four different elevation choices and so with every one of those choices a buyer can choose if they want to have a brick accent on the front, so it would go like a wainscoting on the front of the elevation, with either brick or stone. So, it's a buyer choice that they can add that accent with their elevation if that's something that they want to do. It's available on all of the plans. So, I just wanted to clarify that. We don't have that drawn, but it is an option for the buyers. Zaremba: If I'm understanding you correctly, one of the options is not to do it; correct? Stanley: Yes. Zaremba: So, theoretically, there could be no homes with the accent. Stanley: The package could have accents on every single one of them, though. It's a buyer choice. Meridian City Council March 27. 2007 Page 43 of 66 Zaremba: If the buyer chooses to. Stanley: Yes. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: What you're telling me, then, is your custom building every house. You're custom building every house. You're not building them until you sell? Stanley: Every one of our homes it's -- I like to call it -- it's like a subway sandwich line where our buyers get to choose -- we put the package together and they can enhance that. So, they if would like to add stone or brick, they can go in and customize their home, yes. So, it is a buyer choice and it is something that buyers pick up -- Bird: You don't build a home spec? Stanley: That's not our business model, no. Bird: Okay. Stanley: So, that's all I wanted to clarify is it is a buyer choice and it is available. We have a lot communities where a lot of buyers to choose that. So, it is an option in all of our communities. De Weerd: I guess the question -- and one of the people that testified said can you make it a requirement that you have at least a minimum of ten percent of some type of an accent. Stanley: And that would be something that Chad would need to -- could address for you. But the way that the package is structured now I just wanted to clarify that. It would be basically concession for this community, so-- De Weerd: Thank you. Hamel: Madam Mayor, Members of the Council, we have not discussed that internally as far as making that a requirement for our Traditional elevation requiring ten percent stone or something to that effect. De Weerd: But would you consider it? Hamel: I think we would. I can't say that -- for sure that we would do that. Unfortunately, Don isn't here right now, so I don't want to speak for him, but -- so, if we just kind of run through here to the next -- this, once again, is our 4,400 square foot plan. And, then, the last -- and next slide. And this is what we are building right now Meridian City Council March 27, 2007 Page 44 of 66 out at Razzberry Crossing. And this -- these are our new plans with the Traditional elevation out at Charter Point. And our new product. And I'd like to end by -- that's fine. You know, I'd like to end by sharing with you our mission statement is to build quality homes and neighborhoods which exceed the expectation of home buyers by providing more space for less money. And, then again, with the more personal choices in an overall enjoyable home building experience. I think we have been very successful at doing that and we have built a quality product that -- that is definitely not a detriment to Meridian at all and we look forward to building in this community and being civic partners and, you know, building a quality park and neighborhood and building a neighborhood that people can be proud of. So, I'd like to answer any other questions, if there are any at this time. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: We are considering -- what are considering as accent? Rock, brick, and stucco? Hamel: Yes. Bird: And ten percent of the front you can't commit to in one of those accents? Canning: Council member Bird, we are having a hard time hearing you tonight. Bird: Gee, that's a first time. I'm sorry. I was just asking if they -- if they would have any problems with ten percent of the -- either brick, stone, or stucco required in their -- in their phase -- front elevation. Hamel: Like I said before, that's something we are willing to consider. That does add a significant -- I would think -- it does add price to the home. Is that something typical that is required in the City of Meridian? I don't recall seeing that anywhere. De Weerd: We have. Hamel: For accents on the front of houses? De Weerd: Uh-huh. Hamel: Okay. De Weerd: You know, I guess -- and maybe I will save it for Kent. Sorry. Any other questions, Council? Bird: That's all I've got. No. I have got a couple for Mr. Brown. Meridian City Council March 27, 2007 Page 45 of 66 Zaremba: I would just comment on the last if I may, Madam Mayor, that -- that it has not always been a necessity to require it, because quite often it's been offered by the developer that there would be accents. I guess to forward the discussion, my feeling is that I'm comfortable with the purchaser of the home choosing whether it's rock or stone or some other accent. I'm not comfortable with no as a choice. De Weerd: Okay. Thank you. Kent. If you will restate your name for the record. Brown: For the record, Kent Brown, 1500 East Iron Eagle. De Weerd: Thank you. Brown: Eagle, Idaho. We will start with Mrs. Jarvis and she spoke about the school -- again, I will just restate for the record we did approach the school district about looking -- if they were serious in wanting a school site in this location and they told us they were not. To help you understand, they have one in Tuscany -- actually, it's Messina Hills Subdivision. There is one located there. They also have a middle school site that is at Amity and Eagle Road that there is a three acre site. And I think we need to pat the Meridian School District on the back in the fact that the Meridian School District is looking at the cost of land, about making their schools smaller, making the footprint small and going up with some of those facilities. They said that they could probably put the middle school site that traditionally has been required on a 20 plus acre site, they can put that on a seven, which I thought was amazing. And that's some of the things that they spoke to us about. She asked about build out. We are anticipating a seven year, approximately, build out, building the first phase sometime in '08 for it to be in. If we can work out sewer and other issues that would be related to that. So, a build out in 2014. Tim spoke to the eaves. The fencing and the front lawn landscaping -- as I understand those are things that are required after occupancy on the front landscaping; is that correct? So, we could commit to that that we will have at closing the front landscaping done. That -- I mean we have been approaching that so many days after they move in, I think we have to have some leeway and I'm sure that we would put that in there weather, depending on the time of year when some of those landscaping things are done and that's -- that's a typical type of a deal. Mr. Cantrill spoke to the trees and berm. We have the berm existing -- or, actually, the landscaping and the trees along the southerly boundary. I think one of the things that we never really pointed out is that the smallest lots in this area are 12,000, the largest ones are 18,000 square foot lots. I don't see us being opposed to making these changes. What we did is -- typically what we do, we follow that comp plan line that is an arbitrary line that was kind of drawn and was agreed upon by the Council. We initially had had that line somewhere over in here and as a part of doing the Comprehensive Plan it got asked to be moved back into this area, so we moved that over. Obviously, these are R-4 lots that are right here. If we need to change those or the ones on the boundary, we can resubmit a revised legal and we can modify those lots. The shallowest depth that we have in lots in here is 105 feet. We are not going to what I would say typical development is, it will only go to 100 that we see a lot of in neighborhoods. So, if we were to look at some locations like that, I Meridian City Council March 27, 2007 Page 46 of 66 think that we could manipulate that line and work with your staff, still keep the same number of lots. That would be our goal, but give you the perimeter that you're looking for for them to be R-4s. Bird: Madam Mayor? Brown: I think -- Bird: Go ahead. Brown: And I don't know if I was real clear when I talked about it. When we moved that line the first time we dropped 40 lots as a part of making that change and, you know, I think that the plan is good and I think that we have done a good job. I don't think that you normally see this amount of open space. Instead of putting that open space -- or putting that area into lots, you know, we have 15 acres of park space -- sorry, Will. Fifteen acres of park space and we have got 27 acres of open space that is in this development. We have made a conscious effort to really make a well-connected neighborhood that provides those amenities and not everybody wants to mow lawn and pull weeds and -- but I can understand your concern and if moving those lots and massaging that would make you happy, we can do that. I think -- De Weerd: Do you want to summarize? Brown: I can sure do that. We are here to be approved and that's the bottom line, I guess. I think that some of those things that they talked about and we can look into -- we can look into that with a development agreement as we are going forward. I think we have made a good faith effort in trying to move this forward and I'll stand for questions. De Weerd: Thank you. Questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What's your build-out timing? And I know it's speculation, but -- Brown: That was the seven years. I'm sorry if that wasn't really clear when I first started. Mrs. Jarvis had asked that question. 2014. Roughly seven years. I apologize. Bird: Madam Mayor? Kent, do you have any problem in our development agreement or whatever -- De Weerd: Don't mumble, Mr. Bird. Meridian City Council March 27, 2007 Page 47 of 66 Bird: Do you have any problem if we was to have a stipulation that 90 percent of the lots would be on the exterior -- would be R-4 lots, which you have got about 30 percent of them now, either R-4 or R-2s, and having say like -- you say all your lots are 105? Brown: Yes, sir. Bird: So, if we went about 75 by 105, we would have our 8,000 square feet? Do you have any problem with that? Brown: And along those lines I guess as a part of your Comp Plan when you adopted that, this McKay property here, for example, is on our external boundary. I have spoke with the McKays and have actually tried to do a layout on their property. Making our lots bigger on all of our neighbors really -- that's one that would be really different. I mean they have looked at some attached housing to try to get the density numbers in there. The width that they chose to keep is kind of difficult. Again, as I said, we are here to be approved, but that would be one location where I wouldn't make that change. I have done a layout for Scott Fulcher's property. He asked us to look at purchasing that from him. Basically, if you put a knuckle on that outside 90 degree bend you can get four pie-shaped lots that fit there and still allow the micro-path or the greenbelt to go along the northerly boundary and, then, landscape buffer along Eagle Road. It gives them internal access. If we make those lots smaller in that location, that would make it difficult for four to happen in that area also. But along the northerly boundary and the southerly boundary, if that's the 90 percent, I think we are very supportive of doing that. Bird: I could say you basically already got at least 30 percent of already R-4s and R-2s, so you're only asking for six -- Brown: That is correct. Bird: And I -- you know, if they back up to something, but I just -- I feel more comfortable with it. At least R-4s. Brown: Councilman Bird, I don't know if you remember, but when we first started addressing this Comp Plan in this area, we looked at that in here next to the ridge that when you're going to have view lots, for example, that there needed to be a transition to a lower density. I think that that is why the line initially got kind of moved and that there would be a distance coming down the hill, instead of at the bottom of the hill, but, obviously, we can do that along our northern and southern boundaries. De Weerd: Any other questions, Council? Zaremba: Madam Mayor, I was just going to comment that as Councilman Bird is asking, one of the other things that's allowed in the Comprehensive Plan is transition lots they call it, even though an area may be intended to be zoned medium density or lower density or something, that the exception for the perimeter lots to make them transitional the larger neighboring lots, is legitimate within the Comprehensive Plan as Meridian City Council March 27, 2007 Page 48 of 66 well. So, I support the questions that Councilman Bird has been asking. I guess just to run a couple of things by again, though, just either a clarification or a confirmation of that. It would be workable that ~- for us to specify that all elevations have at least ten percent of some kind of treatment left up to the buyer and left up to the buyer whether they want to go to 20 or 30 percent, but the minimum is ten. And clarify, again, for me the timing of the front landscaping. I didn't quite catch that. De Weerd: Was it by closing? Front landscaping would be -- Brown: I took that from Mr. Taylor's comments that he asked to take place at closing and I mean what -~ what can you do with the tool man, you got to kind of go along with him, so .- Zaremba: Just for my part, those are all things that I would support. Brown: You can only do that to high school classmates, though. De Weerd: I guess while you're standing here, I would like to ask a couple of questions of our staff. And that would be for Chief Anderson. We have one .- one egress-ingress to Eagle Road and the build out is seven years and that's an assumption that let's say nothing else connects to them. They can't build 644 houses without another outlet, can they? Anderson: No. That was one of the things I was addressing with the planning director here and my concern is -. I haven't seen -. I guess maybe Kent could explain to us where they are going to get that secondary access from, because they don't own the property currently that borders Amity Road and they don't have enough frontage on Eagle Road there and so our requirement is they could only build up to 50 houses and if they try to build 51, then, we wouldn't allow to that happen. We wouldn't issue anymore building permits until they had a secondary access road. But that can be a temporary access road, but I don't know where that's going to come from. He hasn't adequately explained that I guess for me yet. De Weerd: So, now the question would be directed to you, Mr. Brown. Brown: For us to get the sewer we have to provide the sewer department with a road over the top of the sewer to get to the site. So, we would have to come from Amity Road where the sewer is located at and come south. That is one of the possibilities. The other one is getting an easement with McKays to come here at the south and, then, make another connection in. The fire department has formulas, I would call them, the distance from where they -- the one entrance is to where another one would be. So, basically, those are the two initial ones that we have gone over in our mind as to where we would have -. De Weerd: But you would be going into that knowing that there is that restriction. Meridian City Council March 27, 2007 Page 49 of 66 Brown: We definitely understand the existing condition of approval that is proposed of the 50 lots and what we have to do to accomplish that, yes. De Weerd: Kent, I do have a question for ACHD. Brown: Did I answer both of yours? You have to remind me. De Weerd: Yes. So far. Zaremba: I think so. De Weerd: If you will restate your name for the record. Richardson: Christy Richardson with Ada County Highway District. De Weerd: Thank you. I guess my question to ACHD -- and it's something that your commissioners have discussed on -- not just in regard to adequate public facilities, but in regard to road capacities and looking at phasing of developments as well. You know, it's always kind of that first one in doesn't get all the requirements, last one in gets them piled on them, and they have been talking about evening the playing field on that. Has ACHD looked at that in terms of this? I mean this is 644 houses. The build out plan is over seven years period and there is not a road improvement out there on the five year plan. So, can you tell me maybe what ACHD's perspective is of this type of -- these numbers? Richardson: Sure. Madam President, Members of the Council, first of all, the Commission did hear this on January 24th and deferred action and requested further information from staff until they actually took an action on February 7th to address those concerns and while the answers aren't necessarily there -- I mean it's, obviously, a first step and you asked what they are thinking and how they are moving forward. In this particular -- with this subdivision the commission asked for updated traffic counts and, then, they asked for staff to go through and look at the subdivisions that have been approved by the city and county, maybe not built out or maybe not even final platted, just approved lots, even those not built on -- 15 new traffic counts added, the un-built traffic to those counts, and as Kent stated in his testimony, for the difficult segments of Eagle Road from Lake Hazel to Amity with that -- taking that closer look at it, with existing traffic plus approved development of that segment is still better than C. Amity to Victory, that segment does go to level of service E. And, then, the segment south of Overland is also better than C. So, we are not -- I realize they are two lane roads, but the capacity which we use through the Compass model and the five year work program with CIP all deal with those levels of service and level of service C and D are very acceptable. Additionally, then, I might add that the traffic study actually forecasts a build out year of 2016 and so the commission had asked for a specific list of projects in that area that -- that are projected to be completed within that time frame of build out. And so the list that was provided to the commission with the intersection of Victory and Eagle is in the five year work program to be widened and signalized in 2008-2009. Meridian City Council March 27, 2007 Page 50 of 66 Eagle Road is in the five year work program to be widened to five lanes between the Ridenbaugh Canal and Victory in 2008-2009 time frame. Eagle Road between Amity and Lake Hazel is in the CIP to be widened to five lanes. That's long range, though. Also long range is the intersection of Lake Hazel and Eagle to five lanes. And, then, also the intersection of Amity and Eagle is in the CIP for the long range widening, but that intersection is also part of an ACHD roundabout study that's looking at the possible roundabouts along the Amity Road corridor. And that study is going on now. So, that would be more nearer term than the long term. So, that's the information that was provided to the commissioners. De Weerd: Thank you, Christy. Any questions from other Council members? Zaremba: I have none. Bird: I have none. De Weerd: Okay. Appreciate that. Richardson: Madam Mayor, may I address one other item? And that has to do with connectivity and there was a request perhaps that one of the stub streets not be extended and connectivity is another way that a highway district and the city can help deal with the traffic on the arterial roadways and that is to provide more connections to adjacent properties, so that the travel can occur within those -- in the mile sections on the collectors and on the local streets to prevent traffic from having to travel on the arterial roads, which does increase levels of service at the intersections and along the roadways and so the commission did require stub streets as the applicant's proposal indicates. And we would not support a reduction in that. Thank you. De Weerd: Thank you. Kent Brown for the record. Brown: Kent Brown for the record. I'm sorry. I apologize. 1500 East Iron Eagle. And I would comment from what Christy was making reference to with ACHD, they said with this and the other projects that have been approved between Amity and Victory and, actually, Amity all the way to Overland Road, that they were going to take a closer look at that area and look at moving that into the capital improvement process, because of this and other developments out in that area. And that -- they said those numbers would -- with other development that would take place after us, would push that over and would probably require that. So, they were looking at that, so -- De Weerd: Yeah. It's more the cumulative effects that are of concern as well. We do accommodate development traffic further south and, you know, you always wonder if some of those trips are also captured. And I appreciate that the area of impact is expanding a lot further than it has in the past, so I appreciate the information we received from Christy Council. Any questions for Kent? Bird: Madam Mayor? Meridian City Council March 27, 2007 Page 51 of 66 De Weerd: Uh~huh. Bird: Just a question. Kent, how -- if you're able to redraw this preliminary plat showing the 90 percent R-4s on the exterior, what kind of a time line do you have -- would you have to do that? Brown: Is next week okay? Bird: Well, the problem I have -- and it's just me personally -- is approving something without seeing it -- without seeing the preliminary plat and -- but I want to be fair with you and I want to make sure that you had no problem with doing the 90 percent. Brown: For the record, I think that we are clear on the fact that we are willing to make that happen if we can transfer that density to some of those areas that are internal and we definitely can have that to your staff by Friday of this week very easily, making those kind of changes. Bird: For approval next week? Brown: For approval next week. Zaremba: Madam Mayor, my question to staff would be whether they want ten days to look at it. Nary: But Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, I think -- I mean that actual cutoff is Thursday for the clerk's office to have this back in front of you. That doesn't give staff more than a day, really, to even look at it. I mean I think two weeks is probably more adequate to make sure -- I'm concerned -- and the DA part, but I know Mrs. Canning is concerned with the plat in having the opportunity to look at all that to see if how those are going to match up. So, I guess my recommendation would be two weeks, rather than one. De Weerd: I personally like your sense of urgency, but we do like staff to have evaluation time. Brown: And I'm not opposed to that. I mean we -- for the plat changes -- today is Tuesday. I could have those to Anna for Wednesday, but that, again, doesn't give them a time to review that and I understand that. De Weerd: Okay. Meridian City Council March 27, 2007 Page 52 of 66 Brown: I'd have to go home and do it tonight. De Weerd: Len? Grady: Madam Mayor, just -- just some clarification required I think for our building department. Does the 50 lots include the 44 that are already approved up in the upper Blackrock, which wouldn't leave much down for the lower units. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: There is no other access into the others, because the section is going that way, is there? Grady: No. And that's -- I just wanted to point that out. Bird: So, from what I heard from what the Chief said, 50 lots that would include the whole subdivision. Grady: Including the existing Blackrock. Bird: How do you get into Blackrock now? Brown: We come in through the collector road that's -- that we are proposing to improve. Bird: That's the one we got here is the one entrance. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council -- and maybe all of you realize this. The Blackrock Subdivision isn't part of the annexation request -- or excuse me. Blackrock Subdivision is part of the annexation request. When it was separately granted access __ or city water approval and this Council granted them water and sewer approval when they were in the area of impact, they were already required to annex. So, I mean you have -- they have them as one application, even though you actually have a separate consent agreement from Slackrock to annex. Whether that matters to you or not, I don't know. I just wanted to make sure you were aware of that. But this Castle Greens project I think there isn't any other access besides what's there for those approvals of Blackrock that I think have already come forward, so -- but I don't know what the state of building is. Mr. Grady might. I don't know. Grady: Sorry. The last part was you don't know what stage of the building -- Meridian City Council March 27, 2007 Page 53 of 66 Nary: Of the Blackrock -- are all of those 44 lots already built? Grady: No. Nary: Okay. So, the 50 lot requirement that Chief Anderson talked about would apply to both, but -- Grady: In my opinion. Nary: -- some of them may have -- they may not have 44 building lots -- permits that have already been granted; correct? Brown: Correct. Nary: Okay. Canning: Madam Mayor, Members of the Council, actually, what the chief and I came up with was a modification of condition 3.9 to add the sentence: Prior to approval of the final plat -- or it would be the first final plat in this case -- the applicant shall provide written documentation for the fire department approving the secondary emergency access. Zaremba: Acceptable. De Weerd: Okay. Council, any other questions? Bird: Madam Mayor? De Weerd: Yes. Bird: I'd like to ask Kent, the applicant, if we were -- if you were to get this -- it would be redrawn and we was to continue these public hearings until April what? April 10th? Does that give everybody time, Anna? Canning: Yes, sir. If Council wants a draft development agreement provisions added, if they could just let us know what they are seeking to add for that date that would be helpful. De Weerd: Kent, could you also bring back information on the public -- or the proposed city park as well and the cost -- and the cost that -- Brown: I have those available for you tonight if you'd like to -- De Weerd: Okay. Well, it looks like we will need to bring it back for the plat anyway, if you want to provide it. Meridian City Council March 27, 2007 Page 55 of 66 property owners did present that and I appreciate that, that they are working, but we don't know what that's going to be. We will see specifics on the park, but I want to see specifics as to how that arrangement will or won't take place and whether it will or won't be a city park. We have gone around and around on some of these in the past. I hear comments that past activities have taken 20 lots, plus or minus, to deal with park issues and other issues with this subdivision. The reality is is nothing has been taken, because there is nothing there to give at this point in time. The request is for annexation to the City of Meridian. Without that there is nothing to gain or lose. We will have a temporary road situation, which will come at a future date and I can appreciate that. We have the issue that you can only develop so many parcels without a secondary access. We need that resolved. We have heard what our position has been in the past on these kinds of rural -- urban developments surrounded by a rural environment where we have required larger lots and I'm talking lots that are in the 12 to 17 thousand square foot range to border adjacent properties that are larger properties. Some resistance from the applicant in that particular item, but, again, I think that's something that I'm going to have to see to be supportive. I'm concerned about 644 dwellings when the applicant indicates we have done some things to make the curb appeal better or to have some -- to quote him, some more curb appeal. But we find that that's at the option of the buyer. We could, in theory, have 644 clones out there, a sea of them, and not be the wiser until it's all done. We haven't done business like that in the past. I hope we don't do business like that in the future. We need some certainty, not only for the surrounding property owners, but we need some certainty for the people who are going to invest in that area. And they are not going to want to see their house 643 times out there. We have no indication of a way to control it. We have testimony from the public that have gone out and surveyed this development -- the developer's projects and indicated they support this project and I appreciate that, too. And maybe they are more kind than I, but I think the statements need to be made. They have indicated there is some problems with these developments, not the least of which is people get in over their heads and can't improve their properties, so they don't landscape them, they don't put up fences and that sort of thing. We hear from the developer that, well, we will take care of that with the CC&Rs. I have dealt with CC&Rs for way too many years and that's not going to make it work. It's not an acceptable solution. So, those are my thoughts. At this point I'm not -- I'm not convinced that this project does not fall into my category is that I'm not in that big a hurry to have development in Meridian to approve annexation of this particular project. Nary: Madam Mayor? De W eerd: Mr. Nary. Nary: I think I tend to do this mostly at the Planning and Zoning Commission, maybe not as much here, but the Council has given some direction as to changes to this application that they would like to see that they are generally in favor of and I guess I'd like to at least caution both the applicant and the other members of the audience that are present and maybe in addition to the light of the written testimony we received -- the direction that Council has given is not any indication that this is an approved project. Meridian City Council March 27, 2007 Page 56 of 66 The Council's requested some changes that might make it more attractive or what the Council's desire is, which is within their discretion. I know Mr. Brown understands that, that in two weeks this Council has within their power to deny this project regardless of the changes. So, I think the matter is still open. I think everyone knows it, but I wanted to make sure that the applicant understands that all the Council has asked is for some changes that may make it more attractive, but it's certainly not approved based upon those changes. They may make them and the Council still has the power to make more changes, remand it back to the Planning and Zoning Commission or deny it. I just wanted to make sure that was clear for all the audience that's here. De Weerd: You know, I guess also one more thing to consider bringing back -- I know that Hubble has made a real attempt to appeal to workforce housing needs and to provide choices, but I guess what I'd like to see in the plan here is, you know, do you have those -- do you have them sprinkled throughout? Do you have certain areas where you have a market for the first time home buyer, so that you know where some of these areas Council has suggested to do some more of a protection of the surrounding property owners for a quality of home. You know, is it -- you can do the minimum in some of these upper end lots or not. So, I think it would be helpful to bring back that kind of detail, if you have that kind of plan, so that you have a better tracking of what is -- what is the actual plan out there. And how do you protect the property values. Because I think that's a concern in some of the lower end housing and how you intermix it with some of these upper -- upper price ranges. So, if you can bring that as well. And with that, any further -- Canning: Madam Mayor? De Weerd: -- ideas? Yes. Canning: Can I ask for a clarification of -- I just want to make sure that my staff analyzes -- or provides the analysis that the Council was looking for in two weeks. So, we can look to see if it meets the R-4 versus R-8 standards, but I wasn't sure what else you wanted us to address or if you just want them to bring back a revised proposal that addresses your concerns and -- I need a little help. I'm sorry, sirs, and ma'am. De Weerd: Sirs and ma'am. I believe it was mainly for the lots on the far south piece and, then, the north -- Canning: So, would you like us to evaluate whether 90 percent of the perimeter lots have -- meet the R-4 standards? Okay. Bird: I'd like it as close to it -- they said all their lots are 105. I'd like them as close to 75 wide as they can get. De Weerd: Or would you rather just say a square footage? Meridian City Council March 27, 2007 Page 57 of 66 Bird: Well, if 8,000 square foot is an R-4, so that's -- if they are 105, then, their widths got to come out. De Weerd: And you did hear what another Councilman suggested as well. Canning: And that's on the north and the south, but not along the five acre cutout there? Is that correct? Bird: Well, that might be where the ten percent they want to leave in. I would prefer -- and that's -- you know, what they come up with is -- is what we will look at. And if they want to give 20,000 square foot lots along there, I will be happier than Charlie. De Weerd: Happier than Charlie. That's a gauge. Happier than Charlie. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would also appreciate a staff analysis of whatever treatment they are going to make of the open or closed waterway that runs along the collector road. De Weerd: And I think I saw some other questions out there. It will -- we are continuing the public hearings, so we can take additional testimony, because we anticipate this plat will change, so -- and you might also talk to the applicant. Thank you for being here tonight. Zaremba: Madam Mayor, I would comment for those that may not know, since this meeting was noticed and everybody's had the opportunity to be here and hear us continue the meeting two weeks from now, would not be noticed in the same fashion. People are noticed because they are here. Is that correct, Mr. Nary? De Weerd: That is correct. Nary: That's correct. Zaremba: Thank you. De Weerd: Thank you. Okay. Council, why don't we take a five minute break. (Recess.) Item 14: Public Hearing: VAC 07-005 Request to Vacate the public utility, drainage and irrigation easements located on a portion of Lots 1, 2, 3 and 4, Block 2 of Strada Bellissima Subdivision No. 1 adjacent to 3015 S. Meridian Road for Strada Bellissima by Strada Bellissima, LLC - 3015 S. Meridian Road: Meridian City Council March 27, 2007 Page 58 of 66 De Weerd: Okay. I will go ahead and open up the meeting again. Item 14 is Public Hearing VAC 07-005. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Strada Bellissima vacation. As you know, it's -- Strada Bellissima is located at the south -- or it's on Amity Road just east of Meridian Road and the requested vacation is for public utility drainage and irrigation easements, as shown here. They will vacate these along -- everything that's not along Amity and, then, they will replace it with an easement along Amity. Victory. Why am I saying Amity. Bird: I was just going to say, when did we get to Amity? Canning: That was the last -- that was the last application. Sorry. Bird: Is that that new crew? Canning: Staff is recommending approval. We have received all the necessary relinquishments and to our knowledge there are no outstanding issues before Council, other than the question of the road, which is Victory. De Weerd: Could have told you that. Council, any questions for staff? Bird: I have none. Rountree: None. Zaremba: None. De Weerd: Okay. Well, I don't see an applicant here. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I take it nobody's going to testify, so I move we close the Public Hearing on VAC 07 -005. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? Meridian City Council March 27, 2007 Page 59 of 66 De Weerd: Yes, Mr. Bird. Bird: I move we approve VAC 07-005 for Strada Bellissima. Rountree: I'll second it. Bellissima. De Weerd: I have a motion and a second by the very linguistic experts. Any discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Item 16: Item 17: Item 18: Item 19: Ordinance No. 07..1303 : RZ 06..014 Request for a Rezone of 15.58 acres from an R-4 zone to an Q-T zone for Joint School District No.2 by Joint School District No.2 - 911 N. Meridian Road: Ordinance No. 07..1304 : AZ 05..057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C-G zones for Bienville Sauare Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: Ordinance No. 07..1305 : RZ 05..019 Request for a Rezone of 10.05 acres from C-G to R-8, R-15 and C-G zones for Bienville Sauare Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: Ordinance No. 07..1306 : RZ 06..013 Request for a Rezone of .43 acres from an R-8 to an 0- T zone for Valley Shepherd Church of the Nazarene Property by Paradigm Real Estate Holding - 39 W. Pine Avenue: Ordinance No. 07..1289A AZ 06..044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: Approve Correction of Legal Description: De Weerd: Okay. Items 15,16 -- oh, let's see. Rountree: Through 19. Bird: Through 19. De Weerd: Yeah. Mr. Berg, will you, please, read ordinances 15 through 19 -- Items 15 through 19 by title only. ~.,~."~.~~..,,._"_.. .-..---..- . Meridian City Council March 27, 2007 Page 60 of 66 Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1303, an ordinance finding that Joint School District No.2, the owners of real property, has made a written request for rezone of the zoning classifications for real property being all of Block 1-6 and 7 and portions of Block 2, 3, 4, 5 and 8, Mindy's Addition, as recorded in Book 2 of Plat at Page 75, Ada County Recorder, together with vacated streets and alleys as vacated by the following documents recorded in the office of the County Recorder of Ada County, Idaho, Instrument No. 252762 recorded in Book 19, Page 563 of Miscellaneous Records, Instrument No. 247805 recorded in Page 19 -- or, excuse me, Book 19 of Page 396, Miscellaneous Records, Instrument No. 369171 recorded in Book 28 of Page 14 of Miscellaneous Records, Instrument No. 9610106 and Instrument No. 8658134, together with a parcel of land located in the south one half of the northeast one quarter of Section 12, Township 3 North, Range 1 West of Boise Meridian, City of Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from R-4 to OT 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 07-1304, an ordinance Bienville Square Subdivision for annexation and being a portion of the northeast one quarter of Section 5, 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 and R-1 to C-G, R-8 and R-15 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 07-1035, an ordinance finding that Mason Creek, LLC, the owners of certain real property have made a written request for rezone or the zoning classification for land being a portion of the north one quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and the rezoning of certain lands and territories situated in Ada County, Idaho, within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from C-G to R-8, R-15 and 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. Meridian City Council March 27, 2007 Page 61 of 66 Berg: 07-1306, an ordinance finding that Valley Shepherd Church of the Nazarene, the owners of certain real property has made a written request for rezone of zoning classification for real property being the west half of Lot 1, Block 1, of the West View Addition to Meridian, located in the north one half of the southeast one quarter of Section 12, Township 3 North, Range 1 West of Boise Meridian, City of Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian, and rezoning the land use zoning classification of said lands from R-S to OT 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: Amended Ordinance No. 07-12S9A, amended ordinance for annexation of property being a portion of the east one half of the northeast one quarter of the northwest one quarter of Section 32, 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 R-4 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. Bird: Madam Mayor? De Weerd: Mr. Bird, before I recognize you, I do need ask if there is anyone who would like to hear these -- Bird: Oh, I'm sorry. De Weerd: -- ordinances read in their entirety. Seeing none. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinances 07-1303, 07-1304, 07-1305, 07-1306, 07-12S9A, with suspension of rules. Zaremba: Second. Rountree: Discussion? De Weerd: Okay. I have a motion and a second with some discussion. Mr. Rountree. Meridian City Council March 27, 2007 Page 62 of 66 Rountree: On item 13, Will, did -- have we seen anything on the resolve of the Pine Street school? Berg: On 15? De Weerd: On Item 13? Bird: On 15. Fifteen, Charlie. Rountree: Fifteen. Yeah. Excuse me. If I said 13, I misspoke. Bill or -- Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, if you recall -- and Maybe Councilman Rountree -- maybe it was the meeting you weren't here. We did have -- we did have testimony from the school district that they have already made the arrangements for the move of the Pine Street School. They have got donated -- one of the moving companies has already donated the time and one of the local contractors has donated some of the material and the time to build a foundation to move the school onto the Meridian Elementary School property immediately adjacent to the school. So, they already have that in the works and the plan and they have had previous discussions about moving it to Settler's or moving it to other places and those never panned out. So, they already have made those -- those agreements and they are already in the plan of getting that done probably sooner, rather than later. Rountree: And did we get squared away in more detail the arrangement that we have with the school district as far as joint custody or maintenance or activities as it relates to the Pine Street School? I discussed that with Mr. Freeman, their attorney that we probably need to get that a little better clarified, since we have this ancient agreement that doesn't really spell out exactly what the maintenance obligations are. It's going to be on their property, but he agreed that -- and I think Dr. Clark would agree that we probably need to work that out. At this point we don't have any final agreement, but I anticipate we would be bringing that back in front of you at some point in the future. Rountree: Thank you. De Weerd: Okay. Thank you. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council March 27, 2007 Page 63 of 66 Item 20: Ordinance No. Reading: 07..1301 New Fireworks Ordinance - 3rd De Weerd: Thank you. Okay. Item 20 is Ordinance No. 07-1301. Mr. Berg. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Before we proceed, this morning I discovered an e-mail from State Senator Kate Kelly mentioning that she was aware of our move to enact this fireworks ordinance and supporting our efforts and Meridian's leadership on this issue. I would like to give this e-mail -- or a copy of the e-mail to the clerk and have it be in the record. Is that appropriate? Bird: Sure. De Weerd: Sure. Zaremba: Okay. Done. De Weerd: Yeah. It is in the record. Zaremba: Well, there was an answer -- I answered her and, then, she answered me back and I don't think you got her answer back. De Weerd: You're right. I just forwarded the e-mail that you sent to all of us. Zaremba: Yeah. But she answered that, so I was putting that in the record. She said she was aware of what I pointed out and that's exactly what they were trying to solve and, again, appreciated our efforts. De Weerd: Very good. Okay. Mr. Berg, well you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1301, an ordinance of the City of Meridian repealing Chapter 4 of Title 5 of the Meridian City Code relating to fireworks, providing for a new Chapter 4, Title 5, to be known as the Meridian Fireworks ordinance, providing for a short title, definition, sales, storage, possession, and/or discharge of fireworks, inspection by the fire chief, permits for retail sales of non-aerial common fireworks, retail sales of non-aerial common fireworks, storage of non-aerial common fireworks, general provisions, liability of parents or guardians, violation and penalties, permits for public fireworks displays and public fireworks displays. Meridian City Council March 27, 2007 Page 64 of 66 De Weerd: Okay. Well, you have now heard this for the third time. Is there anyone who would like to hear it read in its entirety? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't hear anybody jumping up, so I move we approve Ordinance No. 07-1301. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Ordinance No. 07-1301. Is there any discussion? Rountree: Madam Mayor, I would just like to point out this is the third reading, the third opportunity for folks to have their say or request changes. There have been none that I'm aware of, so let's move on. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just for clarification, we did have a couple of changes that the Council made recommendations after the first reading, those were done, they have been posted on the website for the last two weeks and final draft of the ordinance. There hasn't been any other request that I'm aware of, either bye-mail or phone call to either my office or to the fire department or to the Mayor and Council, requesting any additional changes or reviews than what has already been previously discussed, so this is the third reading, so it's property before you for approval. Bird: Thank you. De Weerd: Thank you. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. I did e-mail Chief Anderson and would ask that whatever changes we make could be summarized, along with any comments that had substance to it, so we can get it out to the Treasure Valley Partnership. Okay. Thank you so much. Meridian City Council March 27, 2007 Page 65 of 66 Item 21: Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): De Weerd: Okay. Our next item is 21, Executive Session per Idaho State Code 67- 2345 (1 )(f). Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we go into Executive Session per Code 67-2345(1 )(f). Bird: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: Rountree: I move we come out of Executive Session. Bird: Second. De Weerd: All those in favor. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay, do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council March 27, 2007 Page 66 Of 66 MEETING ADJOURNED AT 11 :24 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~-S/Z MAYOR TAM w~ EERD 1,111111/11/11 ",\\~I()f ~IIIIII ..:::":-',.:~. ~ ~..... 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