Loading...
HomeMy WebLinkAbout2007 04-17 Meridian City Council Meetina Aoril17.2007 The regular meeting of the Meridian City Council was called to order at 7:08 P.M., Tuesday, April 17, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Charlie Rountree and Joe Borton. Others Present: Ted Baird, Will Berg, Anna Canning, Len Grady, Bill Musser, Ron Anderson, Doug Strong, and Dean Willis. Item 1: RolI.call Attendance: Roll call. X David Zaremba X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call this meeting to order. Thank you all for joining us here tonight on this very rainy night. Getting people out in weather like this is always rare, but we appreciate you joining us here tonight. It is Tuesday, April 17th. It's eight minutes after 7:00. Mr. Berg, will you, please, start of us oft with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item NO.2 is the pledge of allegiance. Tonight we will be led in the pledge by Bradford Jackson. He is with Troop 119, which is the LDS Sundance Ward. If you will, please, all rise and join us in the pledge of allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Will Berg. De Weerd: Bradford, if I could present you a City of Meridian pin for leading us tonight. Thank you so much. Okay. Item NO.3 is the community invocation. Tonight we will be led by Pastor Russ McCrea with the Living Grace Community Fellowship. Is Pastor McCrea here? Okay. Well, tonight we will be led by layman Will Berg. If you will all join us in the community invocation or take this as a moment of silence. Berg: Shall we pray? Our most gracious and kind Heavenly Father, we take this moment to be thankful for the many blessings that you have given us in this community. Let us remember those that are in need, those that need our blessing and prayers. Let us remember the thoughtfulness and tears that have been shed for the ones that have died for our country. Let us also remember the vision and the mission that you have for Meridian City Council April 17, 2007 Page 2 of 49 our community, may we strive to meet those goals and objectives, and tonight let the decisions that we make be beneficial to this community. In your name, amen. De Weerd: Thank you. I will take a moment -- Council, it's not on our agenda. I did receive a proclamation by the President of the United States in regard to the tragedy at Virginia Tech and I would like to take a moment and read the proclamation, of which states: Our nation grieves with those who have lost loved ones at Virginia Tech. We hold the victims in our hearts. We lift them up in our prayers and we ask a loving God to comfort those who are suftering. As a mark of respect for the victims of the senseless acts of violence perpetrated on Monday, April 16th, 2007, by the authority vested in me as President of the United States, by the Constitution and the laws of the United States of America, I hereby order the flag of the United States shall be flown at half staft at the White House and upon all public buildings and grounds, at all military posts and all naval stations and all naval vessels of the federal government in the District of Columbia and throughout the United States and its territories and possessions until sunset Sunday, April 22nd, 2007. I also direct that the flag shall be flown at half staff for the same length of time at all United States embassies, legations, counselor offices, and other facilities abroad, including all military facilities and naval vessels and stations. In witness thereof I have hereunto set my hand this 17th day of April in the year of our Lord 2007 and of the independence of the United States of America, 231 st. George Bush. I would also ask the city to follow suit in flying the flag at half staff and until sunset, Sunday, April 22nd, in memory of those who died. Item 4: Adoption of the Agenda: De Weerd: Okay. Item 4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: In the Consent, Item 5-D, we would like to move that to the regular agenda as Item 7-D. We have been asked to -- or the resolution number on Item C is 07-554. We have been asked to have under Department Reports to add Department Report No. B from the fire department, Chief Anderson. Item 13, continued Public Hearing VAR 07- 004, the applicant has requested that we pull that application. Ordinance -- No. 20 and 21 will be ordinances 07-1309, 07-1310. And we also, as Item 23, would like to add Executive Session as per Idaho State Code 67-2345(1 )(c), (1 )(f). With that move we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council April 17, 2007 Page 3 of 49 Item 5: Consent Agenda: A. Approve Minutes of March 20, 2007 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-060 Request for Preliminary Plat approval of 30 single-family building lots, 3 common lots and 1 other lot on 10.57 acres in a proposed R-8 zone for Sundial Subdivision by Gemstar Development - south of Ustick Road and west of Linder Road: C. Resolution No.: VAC 07-006 Request for a Vacation of the 20- foot front yard setbacks for Lots 4-7 & 11-13, Block 34 for Paramount Subdivision No. 13 by Paramount Development Inc- West of Meridian Road and North of McMillan Road: E. Development Agreement: AZ 06-045 Request for Annexation and Zoning of 7.556 acres from RUT to an R-4 zone for Eastwood Subdivision by Wirt Edmonds - 4515 South Locust Grove Road: F. Budget Amendment for Parks and Recreation Office Assistant for reclassification of funds of $7,042.00 from Finance: G. Budget Amendment for Mayors Office for Community Development Consultant Agreement for $42,995.00: H. Budget Amendment for Fire Department Refurbish of 1982 Pierce Fire Engine for $179,496.00: I. Approve Beer and Liquor License Transfer for the Whitewater Saloon to the Backwater Saloon by Gary Bates from 1646 N. Meridian Road to 1646 N. Meridian Road, Ste. 100: J. Approve New Beer and Liquor License for Toowoomba LLC dba The Whitewater Saloon at 1646 N. Meridian Road: K. Approve Beer, Wine and Liquor License Renewals: Backwater Saloon Whitewater Saloon Bill N Lynn's Place Bill N Lynn's Back Room Chicago Connection - 1629 N. Main Street 1935 S. Eagle Road Divine Wine Tony Roma's Cafe Indigo I Courtyard by Marriott The Cigarette Store Meridian City Council April 17, 2007 Page 4 of 49 43 North The Busted Shovel L. Permanent and Temporary Easement Contract for the North Black Cat Trunk and Lift Station of Quenzer Farms, LP: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The Consent Agenda, Item C, resolution number is 07-554. Item D, we'd like to move to the regular agenda, which is 7-D. And with that I move we approve the revised Consent Agenda and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. Motion and a second to approve the Consent Agenda as stated. Is there any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Public Works Department: 1. Request for Direction to Pursue Purchase and Installation of Tertiary Filters for WWTP: De Weerd: Thank you. Item 6 under Department Reports, we will start tonight with Public Works. Len. Grady: Madam Mayor, Members of the Council, you have received a request from Public Works in your packet. Basically to summarize that request, we have some sand filters out at the plant that are beginning to fail. We -- with the Public Works with CH2M Hill went through a process to evaluate replacement filters. What we would like to do is come back to you with your guidance next week with a sole source purchase on Aqua Diamond filters and installation of those filters. We need to -- basically, we need to move quickly and these filters do seem to be a sole source item. They would be a retro fit to the sand filters that are in there and we could use contractors on site to install them. The net result, if we push forward with this, is we would ask for a budget amendment of roughly a million dollars and those filters would be installed and operational the first part of August. So, I know that's a lot to absorb very quickly, but the Meridian City Council April 17. 2007 Page 5 of 49 summary is we would like to sole source this and we have been in touch with purchasing and I think they are all right with that. We would like to use existing contractor on site, rather than go out for a bid. He believes that's within our discretion. And, then, go ahead and purchase and install these with the budget amendment. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Len, the filter replacement you're talking about improves the quantity that it can handle and the quality -- does it also provide -- is some sort of cost savings? I understand you took a trip and a found benefit to us doing it now versus the fall with the next year's budget. Grady: I think the -- certainly, the -- I guess I have no expectation that the price would be any better next year. We do have a contractor on site that's winding down. It is an opportune time to replace those. But, more importantly, the existing sand filters are failing. I think that's the point I want to stress. We are still in compliance out there, but as those sand filters get worse and worse, we are -- we have really run on the ragged edge I guess is the best way of describing it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Len, I like your idea and I know we need it and if we got a contractor out there that we can use -- have you checked with the legal on that, though? Grady: No. Just purchasing. And I guess my expectation would be that they would -- Bird: I have no problem with it, but I would want legal's opinion before I would award something to a contractor, unless there is a way you can make it a change order. Grady: Okay. Baird: Madam Mayor? De Weerd: Yes, Mr. Bird. Baird: Just to clarify, the protocol that we have in place is that these do go initially through purchasing and if they have legal questions they'll refer it to us. To give the Council some comfort level, because of the dollar amounts involved, we would be happy to review it and bring back additional findings and recommendations next week. De Weerd: Certainly, Mr. Baird. I think that the review of the contract and it's within those guidelines. Thank you. Meridian City Council April 17, 2007 Page 6 of 49 Grady: Madam Mayor. And, then, the final -- you asked about water quality. There is a significant improvement in water quality. These cloth filters reduce total suspended solids significantly better than the sand filters, so the water that you see coming out to the out fall would be cleaned up immensely. Along those terms, we are expecting some phosphorus limit -- excuse me -- phosphorus limits to be imposed upon us shortly that will require better filters. Our expectation is these -- these may get us all the way to those reduced phosphorus limits. If not, it's not a big step to get to the final stage. So, they appear to be a good interim filter to where we are going to want to be in say the next ten years. De Weerd: Interim is defined how? Grady: Unfortunately, with EPA we don't know where those phosphorus limits are going to go, so my expectation ia these filters will be useful at least ten years. If EPA gets insane with some of their requirements, they may have to be removed and replaced to new technology at that time. De Weerd: Thank you, Len. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: If I understood the materials correctly, there is a large filter -- large sand filter that is, as you say, failing or on the edge of failing now, but, then, two smaller ones that you plan to put in the 2008 budget. Is there any cost savings in doing them all at once or can they all be off line while they are fixed at once or -- Grady: Councilman Zaremba, it's -- first of all, the replacement of the large filter, because of the increased technology, the large filter now will give us enough capacity to where we could literally run the small filter -- we can leave the small filters oft line and it's also our intention to negotiate the price for future purchases and fix it with an escalation, so that if and when we do go ahead and purchase the small filters next year, then, we will be locked into a price up front. And the reason I say if and when, with this increased capacity we may choose to only purchase one of those small filters or may choose to go ahead and run with the large filter, so between now and next budget year we will be making that final decision. Zaremba: Thank you. De Weerd: Thank you. So, Council, do you want legal to come back next week with this? Bird: Madam Mayor? Meridian City Council April 17, 2007 Page 7 of 49 De Weerd: Mr. Bird. Bird: That would be my preference to make sure we get it out and, then, make sure we go ahead with this. We need to go ahead with it, but I want to make sure everything is legal. I don't see why you can't make a change order, but that's up to legal. Baird: Madam Mayor, Members of the Council, to avoid any further delay, I think the request is to have this on for your approval next week. Perhaps the direction could be just to have legal review it before it gets put on the agenda and will -- if it's there you will know it has our blessing. De Weerd: Okay. Does that work, Len? Grady: That works. B. Fire Chief Ron Anderson - Fireworks Ordinance update. De Weerd: Thank you. Item B was added regarding a letter of support for the county's fireworks proposed zoning ordinance text amendment. Anderson: A mouthful, isn't it. De Weerd: Yes. Anderson: Good morning, Mayor -- good morning. Good evening, Mayor and Council. I just woke up. Sorry. I'm here before you tonight -- I wanted to take you back to last month and if you recall Meridian took the lead in passing an ordinance that will help to eliminate the illegal fireworks situation that we have had the last several years and as part of that it's important that we get the other cities in the Treasure Valley to adopt the same type of ordinance or similar ordinance to what Meridian has adopted and, in addition, it's important that we get the counties to fall in line with that, otherwise, it kind of defeats the purpose. People would be able to drive just outside the city limits and buy the illegal fireworks. And so after we got the ordinance passed here, we approached the county and started talking to them about what we needed to do to get them to pass a similar ordinance and upon review of the county's legal staff, they felt that their current ordinance actually does ban the sale of fireworks period in the unincorporated areas of the county, but what they did find out is that in their zoning text they had reference to fireworks stands -- temporary fireworks stands. And so next month, May 24th, they are going to be having a Public Hearing on revising that text amendment and taking the reference out to the temporary fireworks stands. They need agency comments into them by next Monday and so what we are asking for you to tonight is to sign onto a letter that -- that letter has been drafted and given to the Mayor and we would like to have your support, so that we can forward that onto the county, urging them to remove that reference to the fireworks stands in that county text and so that should help clear it up, so that fireworks will not be able to be sold anywhere in Ada County, they will have to be only in the incorporated cities and, therefore, the cities will, Meridian City Council April 17, 2007 Page 8 of 49 then, be able to use the same type of ordinance that we passed last month to control the sale of these illegal fireworks. So, that's what we are here tonight for is to ask your support and your endorsement of that letter and with that I'd stand for any questions. De Weerd: Council, any questions? Bird: I have none. Rountree: None. De Weerd: Okay. Borton: You have our support. Rountree: You have our support. There you go. Anderson: Thank you. De Weerd: They had some down time while sitting up here. Thank you, chief. Chief Anderson, I would like to thank you and your staff -- hey, Ron. We'd like to thank you and your staff for the leadership your department has taken in pursuing this and collaborating with all the other agencies, so thank you. Anderson: I'll pass that on to them. Item 7: Items Moved from Consent Agenda: D. Findings of Fact and Conclusions of Law and Order for Denial: PP 06-064 Request for Preliminary Plat approval for 16 building lots and 4 common lots on 4.0116 acres within the R-4 zone for Cold Creek Subdivision by BSC, LLC - north of Ustick Road and east Ten Mile Road: De Weerd: Thanks. Okay. Item D was removed from the Consent Agenda. Anna or Ted, who wants to take that one? Canning: Madam Mayor, I can make just a quick statement. De Weerd: Okay. Canning: We received a fax from Lochsa Engineering on Friday at approximately 3:30 p.m. requesting reconsideration for Cold Creek Subdivision. That was addressed to Sonya Watters. She was not in the office on Monday, so we discovered it this afternoon and got it to the clerk as soon as we could. But it did come fairly late in the game and, then, you received it even later in the game, figuratively speaking. Excuse me. Meridian City Council April 17, 2007 Page 9 of 49 De Weerd: Thank you, Anna. Council, you do have a letter in front of you asking for reconsideration. Mr. Baird, does this need to go on an agenda? Baird: Madam Mayor, what you have before you is a request that the appropriate response would be either to deny the request or grant the request for reconsideration. If the Council chooses to grant that request, it would be set on an agenda and re-noticed for a reconsideration hearing at a future date. De Weerd: Okay. I guess my question is, Mr. Baird, this letter was not on the agenda, only the findings were. Baird: Correct. And because the findings were on the Consent Agenda, Madam Mayor, Members of the Council, if you had just left it on the Consent Agenda for approval, reconsideration couldn't have been considered by this Council, because of -- once a project is approved, you can't reconsider it. So, you do have -- probably the -- one of the things to do at this point would be -- you pointed out a -- kind of glitch here. If you want to put it on next week's agenda to consider the reconsideration request, that way they could be here to argue it, unless they happen to be here tonight. So you have a range of options there. But the fairest thing to do, now that you have taken the action to pull it oft the Consent Agenda, is direct staff to put the request on next week's agenda for consideration. Have I thoroughly confused you? Zaremba: Madam Mayor, so moved. De Weerd: Oh, boy. Do you know the motion you're voting on? Bird: Madam Mayor? De Weerd: Yes. Bird: Counsel, even though we pulled it from the Consent, we could still vote on the -- on Item 7 -D; am I not right? Baird: Oh, yeah. Bird: We can vote to approve it or deny it; right? Baird: Absolutely. And that's -- Madam Mayor -- and that is what has been noticed are the Findings of Fact. If you choose to approve those Findings of Fact, then, you, in effect -- again, I'm probably confusing you even more, but you, in eftect, deny the request for reconsideration. De Weerd: Thank you. Okay. Council? Borton: Madam Mayor? Meridian City Council April 17, 2007 Page 10 of 49 De Weerd: Mr. Borton. Borton: My two bits is to delay the findings a week, have the request on the agenda for April 24th. We can decide, then, whether or not we want to reconsider. I think it invites the problem that I have got with reconsiderations, that we don't have specific rules to delineate, you know, a time frame as to when you have to file them and make the request. Those things will need to be flushed out going forward, but I'd rather delay it a week than rush into action. And that's not making any comment with regard to the validity or not of the request, it's just merely procedure. Having said that, that would be a motion to continue Item 7-A, the findings to April 24th. Bird: Second. De Weerd: Okay. I have a motion and a second to-- Zaremba: Madam Mayor? De Weerd: -- bring back -- discussion. Zaremba: Discussion. And does that motion include the adding a discussion of the request for reconsideration? Borton: It does. De Weerd: Okay. All those in favor say aye. All ayes. Any opposed? Rountree: Madam Mayor, I'm going to vote nay and explain my vote, so -- in the record for the applicant that what I have seen in the letter does not really address the issues I believe that were pointed out to them in the last meeting, so their reconsideration may not be successful. De Weerd: Thank you. So noted. MOTION CARRIED: ALL AYES. Canning: Madam Mayor? De Weerd: Yes. Canning: Just to clear the record. I believe that President Borton, you said Item 7-A. It's 7-D. De Weerd: 7-D. Borton: Well, I guess to the extent that it retained its same letter of the alphabet when it goes to seven. Whatever letter you gave it. Meridian City Council April 17, 2007 Page 11 of 49 De Weerd: What I opened the discussion with. Borton: 7-D. Item 8: Presentation of City of Meridian 2006 Environmental Excellence Award to Taco Time located at 785 S. Progress Avenue: De Weerd: Thank you. That was for the public record. Okay. Item 8 is a presentation of the City of Meridian for 2006 environmental excellence award to Taco Time and at this pOint I'd ask Steve to please come forward and introduce it. Maneck: Good evening, Madam Mayor and Council. It's my pleasure to be here tonight to make a presentation for our environmental excellence award and before I do that I'd like to take a brief moment to talk about past awards that the city has presented to the business community. The pretreatment program presently coordinates and administers city ordinances and requirements from the EPA for our discharge into the wastewater system and we work with over 300 businesses that have to meet these compliance levels. Since 2000 the city has granted four awards to companies that have not only met, but far exceeded the expectations to meet those requirements, working with the city to meet those requirements of our program and such. The first award went to a Dr. Leon McRay, who is a dental -- has a dental office. He's a dentist and he put in a mercury separator and eliminated his silver bearing wastewater by putting in x-ray equipment that was totally digital. So, he pretty much eliminated his waste byproducts. In 2001 Micro 100, a tool company, that has over 100 employees here locally, falls under a federal requirement for their discharge into the system. They are considered a metal finishing operation and so they have to have a formal permit that we administer and insure that we meet our compliance levels with our -- the discharge. They went -- in 2001 went to zero discharge and totally recycled their waste and worked with subcontractors to come in and manage it that way. So, they went down to zero discharge. So, in 2001 they were awarded the award. In 2004 the Idaho Fleet Services, which is a local automotive repair company, received the award and they basically recycled their waste products, their solvents, their hazardous waste managed properly and efficiently and so they were awarded this award in 2004. Well, tonight is a first for our program to award a food service type company over the -- not only this past year, but several, Taco Time and Lenore Bacon, which is -- she's seated here in the audience, she's the general manager, have exceeded our expectations and run their business and really did an over the, you know, top eftort with working with the city to actually relocate some equipment. That's -- we were having some issues with and so what we'd like to do tonight is make that presentation to Taco Time and make a, you know, formal recognition to our community. De Weerd: Okay. Lenore, congratulations. I understand that you have been with Taco Time for a very long period. You have also been noted for the training that you have of your employees and that lends to the quality of what you discharge and we appreciate that. This award is being presented to you tonight for the quality of employees for Meridian City Council April 17, 2007 Page 12 of 49 adopting environmental friendly BMP practices, equipment, and technologies. And this is presented to you in appreciation for your environmental excellence. So, congratulations. Bacon: Thank you. Item 9: FP 07-007 Request for Final Plat approval for 4 commercial building lots on 4.4 acres in a C-G zone for Cope Subdivision by Ronald Van Auker - 130 East Overland Road: Item 10: FP 07-008 Request for Final Plat approval of 54 single-family residential building lots, 1 swimming pool lot and 13 common lots on 24.63 acres in an R-8 zone for Bearwood Subdivision No.1 by Tuscany Development, LLC - west of South Stoddard Road, east of South Linder Road and south of West Overland Road: De Weerd: Okay. Item 9 -- and, sorry, Anna, I haven't checked to see if the applicant has agreed with all staff comments on these next two final plats. Canning: Yes, ma'am, they have, but I do need to make a comment that on Bearwood Subdivision. The letter of agreement by the applicant notes a revised condition of approval and that was as required by staff for the landscape plan with regard to stormwater retention areas. So, we do have letters from the applicant stating they are in agreement with the conditions of approval, but we need to add the Bearwood Subdivision one to the record. De Weerd: Okay. Thank you. Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Item No.9, FP 07-007 for Cope Subdivision. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 9. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 10. Rountree: Madam Mayor? Meridian City Council April 17, 2007 Page 13 of 49 De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Item 10, FP 07-008, Bearwood Subdivision No.1, with subject -- the staff suggested revisions to the conditions. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item NO.10 with staff's comments. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: Parks and Recreation Department New Fees and Fee Changes for Recreation Programs and Activities: De Weerd: Okay. Item 11 is a Public Hearing for the Parks and Recreation Department's new fees and fee changes for the recreation programs and activities. I will open this Public Hearing. Mr. Strong, do you have any remarks? Those remarks were given, apparently, in the department report we had previously. He supports all these fees and is there anyone in the public who would like to provide testimony on these fees? Okay. Seeing none, Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: If there is no public comments, I move that we close the Public Hearing for Item No. 12 -- or 11. Excuse me. Eleven. Bird: Eleven. Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Mr. Baird, is the next step, then, to bring a resolution back adopting these fees as presented? Baird: Madam Mayor, Members of the Council, I'm going to be succinct in my remarks and respond with a yes. Meridian City Council April 17. 2007 Page 14 of 49 De Weerd: Thank you. We appreciate the change. City Attorney Nary is not so short. Okay. So, do we need a motion directing staff to bring back a resolution? Council? Zaremba: So moved. Rountree: Second. De Weerd: Okay. I have a motion and a second to ask staff to bring back a resolution to adopt these new fees. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from April 10, 2007: MFP 07-002 Request to Modify site specific requirements #12 and #13 of the Sond Final Plat for Sond Subdivision by Dimension Properties - 1155 and 1123 North Black Cat Road: Item 13: Continued Public Hearing from April 1 0, 2007: V AR 07-004 Request for a Variance to UDC 11-2A-5 to temporarily allow existing buildings to encroach into the required setbacks for Sond Subdivision (Lot 4, Block 1 and Lots 3 and 4, Block 3) by Dimension Properties - 1155 and 1123 North Black Cat Road: De Weerd: Okay. Item 12 is a continued Public Hearing from April 10th on MFP 07- 002. I will start with staft comments. Canning: Madam Mayor, Members of the Council, just to refresh your memory, this is the Sond project. It's located on the west of North Black Cat Road and, then, on the south of Cherry. At the previous hearing staff explained the request and noted several outstanding concerns. Chief among them were the reluctance about allowing Council to approve a variance that runs with the land and, two, providing surety for the eventual removal of the homes in this subdivision. As you remember, that was the requested modification is to allow the two existing homes to remain while they construct new homes on the platted lot. You asked staff to work with the applicant to resolve the matter without needing the variance. We feel we have done that. I do need to say that staff is still a little concerned with setting a precedent with this application. However, we did work with the applicant to come up with conditions of approval that will, hopefully, result in the full compliance with the original final plat approved. Staff feels this is preferable to approving a variance on the property at this time. We recommend that Council replace the existing condition number 12 and number 13 in the final plat with the following .,.- if Council would like it, I can put this language up on the screen as well, but I'm going to read from the notes I have. Number 12 would be remove any buildings that do not meet setback requirements prior to signature on the plat by the city engineer. If the applicant chooses not to remove the buildings at this time, the following conditions shall be addressed prior signature on the final plat. First bulleted item: Provide three bids for removal of the two existing houses, 110 percent of the median bid Meridian City Council April 17, 2007 Page 15 of 49 shall be provided prior to signature on the final plat by the city engineer. Bulleted item number two. Provide surety for the removal of the wells and septic system. Bulleted item number three. The number of building permits issued shall be limited to 12 prior to complete removal of -- or demolition of the two existing homes. No additional building permits shall be issued until the applicant removes the existing homes and until -- and installs all required improvements. Bulleted item number four. Provide a copy of the rental agreement between the applicant and the tenants in the aforementioned houses that verifies that the applicant has the authority to remove the tenants once construction of the two replacement houses are complete. And the final bulleted item: Provide surety for the removal of the wells and septic. Oh, look at that, we have that twice. We probably could remove that item. Pardon me. And, then, condition number 13. The City Council has allowed the existing homes to remain on a temporary basis, not to exceed one year from signature on the final plat. You did receive written testimony since the last hearing. That was a memo from Mike Cole in the Public Works Department. I did work with Mr. Cole and the city engineer Len Grady on the proposed conditions that I have read into the record tonight, despite the redundant redundancy. De Weerd: Okay. Any questions for staft? Rountree: I have none. Bird: Not at this time. De Weerd: Okay. Is the applicant here? He has no added comments. Council, any questions for the applicant? Zaremba: Madam Mayor, I do have one. De Weerd: Would the applicant, please, come forward. If you will, please, state your name and address for the record. Bowman: Yes. David Bowman. 5808 North Cape Arago in Boise. De Weerd: Thank you. Mr. Zaremba. Zaremba: Thank you, Madam Mayor. I would comment that the notes provided by staff appear to address most of the things that were already discussed and agreed to last time. The one that for some reason is new to me is to provide a rental agreement that proves the tenants know that they are going to have to move out at some time and I guess my question is since that's a new subject to me, is this something that you know about and will be able to comply with? Bowman: Yes, it is. And I believe that those -- those agreements have already been supplied to the proper department. Mr. Grady and Mr. Cole and myself -- or my partner discussed that and that's just to verify and prove that we have the authority, should such time come, to go ahead and make sure that those people are willing and forcibly able to Meridian City Council April 17, 2007 Page 16 of 49 be removed should it be necessary. It will not be necessary, but that's an added benefit just to make sure that it is -- Zaremba: Okay. Bowman: -- complied with. Zaremba: Thank you. De Weerd: An added benefit. Bowman: Added strong arm tactic. Whatever you want to -- De Weerd: Council, any questions? Okay. Thank you. Okay. Any member from the public wishing to testify on this application? Council? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Since we had a pretty thorough discussion last time and this seems to clear up the issues that were left, I move we close the Public Hearing on MFP 07-002 and, actually, before I conclude that motion, do we need to accept their withdrawal of the variance? Baird: Madam Mayor, Members of the Council, I'd recommend you do that separately. Currently, the Public Hearing, if I'm correct, is only on Item 12, which is the subject of your motion. Zaremba: Thank you. Madam Mayor, my motion was complete. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 12 with the added bullets. Oh, I'm sorry. Bird: To close the Public Hearing. De Weerd: I'm just trying to expedite this meeting. Bird: I appreciate that. De Weerd: Okay. Close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council April 17, 2007 Page 17 of 49 De Weerd: I don't get to make any of these motions myself, so I thought I'd just flip one by them and they didn't fall for it. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I move that we approve Item 12, MFP 07-002, to include the staff comments provided with the following changes. We agree that we will replace condition 12 with the newly stated condition 12, to which there are two modifications. In the third bullet under Item 12, in the last sentence, the second time that the word until appears, that word could be deleted. And still under Item 12, the fifth bullet can be deleted as it's already covered in the second bullet. And, then, adding a paragraph 13 to replace the original paragraph 13. End of motion. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 12, with the changes as noted. Any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'd just like to thank the applicant and staff for sitting down and working through the issues and I think we have a pretty reasonable approach here. De Weerd: Thank you. Thank you. Any other discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. I would need a motion on Item 13 acknowledging the withdrawal of the variance. Bird: Madam Mayor, I move we close the Public Hearing on Item VAR 07-004. Zaremba: Second. Baird: Madam Mayor, Members of the Council, not to be hyper technical on this, because we are all in agreement, but just proper procedure would be to open the continued hearing, acknowledge receipt of the letter, request to withdraw, close the hearing, and, then, take a motion. Meridian City Council April 17. 2007 Page 18 of 49 De Weerd: Okay. Well, I will open the Public Hearing on Item 13, acknowledge that we have received a letter from the applicant requesting to withdraw this item, and so I would need a motion to approve the withdrawal of this. Baird: To close the hearing. Bird: Madam Mayor, I move we close the Public Hearing on VAR 07-004. Rountree: Second. Zaremba: I'll second that for a second time. De Weerd: Okay. I think I know what I'm doing now. All those in favor? MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we pull -- that we allow the applicant to -- the request of pulling VAR 07-004 from the application. Rountree: Second. De Weerd: I have a motion and a second to accept the withdrawal of Item 13. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Continued Public Hearing from April 10, 2007: AZ 07-003 Request for Annexation and Zoning of 1.0 acres from RI (Ada County) to L-O (Limited Oftice) and R-8 zones (Medium Density Residential), for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: Item 15: Continued Public Hearing from April 10, 2007: PP 07-005 Requestfor Preliminary Plat approval of 1 oftice lot in the proposed L-O zone, and 3 single family residential lots in the proposed R-8 zone on 1.0 acres, for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: De Weerd: Okay. Items 14 and 15 are continued public hearings from April 1 oth on AZ 07 -003 and PP 07-005. I will start these two items with staff comments. Meridian City Council April 17, 2007 Page 19 of 49 Canning: Madam Mayor, Members of the Council, this is the Grau project. It's located on the south side of Cherry Lane, approximately a half mile east of Black Cat Road. As you will note, it's one of the few remaining un-annexed parcels in this -- in this section. The applications before you tonight are for annexation and zoning, preliminary plat, alternative compliance and private street. We brought all of those to you, because the latter two, the alternative compliance and the private street are important considerations in this project, because it is a small in-fill site. The proposed development includes annexation and zoning of one acre in the L-O -- to L-O and R-8 districts and preliminary plat approval of one office lot and one common lot in a proposed L-O zone and three single family building lots in the proposed R-8 zone. I'm going to point things out, because it's a little bit difficult to read this site plan. The existing house and the parking lot will be in the L-O zone, the proposed L-O zone. The three house lots -- one, two, and three all have flags going out to Cherry Lane. The private street application will be for the drive aisle coming in for the proposed L-O use. And the alternative compliance is to meet the required landscape buffers -- the separation bufters from the L-O zone to the residential uses. Actually, they have enough on the west side of the property. The constraint is on the east side of the property in order to get their drive aisle and parking to the rear of the building, it leads very little property in which to establish the landscape bufter. But staff did feel that it met the intent of the alternative compliance for that bufter. The lots range -- lot sizes range from 4,860 square feet to approximately 11 ,175 square feet. The average lot size is about 9,125 square feet. And the gross residential density is approximately four units per acre. There is the one converted home for the proposed commercial use and that home is about 1,800 square feet. The staff and commission recommended a development agreement with the following site specific provisions. Only principally permitted uses allowed within the L-O zone would be allowed on the property. So, no ancillary commercial uses or other conditionally allowed uses. And this is typical when we see a property using that provision of the Comprehensive Plan that allows for existing residences on arterial roads to have office designations, rather than residential. The hours of operation for the office lots shall be limited from 6:00 a.m. to 10:00 p.m. That a five foot wide landscape buffer will be installed along the private street at the east property line prior to occupancy of the first office building on the site. And that a ten foot wide landscape buffer would be installed on Lot 2 along the east property line, also prior to occupancy. This is Lot 2 here at the back. So, along that east property line. That prior to issuance of CZC, the applicant records a cross-access ingress-egress easement to the parcel to the east. I should explain this. You can see it on the -- the aerial photograph. There are two fairly large existing homes that take direct access to Cherry Lane. They are large enough that they could be redeveloped at sometime in the future. So, we are asking that as the applicant builds this private street from Cherry Lane, that they provide a cross-access to this parcel in the event that they ever wish to redevelop their site as perhaps another office use or more intense residential use. We do not have elevations for you. Here is the landscape plan, noting the landscape improvements for the office portion. As you see, they have -- they have done a dense planting of trees to compensate for their -- the fact that they don't have much area over here on the east side of the property. The Commission recommended approval at their March 15th, 2007, Public Hearing. Kandy Hall, the applicant's representative, spoke in favor of the application. Larry Taylor, the Meridian City Council April 17, 2007 Page 20 of 49 developer, and Bill Grau, the property owner, also spoke in favor. No one spoke in opposition or commented on the application and we did not receive any written testimony with regard this application. Key issues of discussion by the Commission were the fencing. The applicant has agreed to install any necessary perimeter fencing to match that of the adjacent properties and relocating the internal sidewalk from the east side of the building to the west. Key Commission changes to staff's recommendation were that -- that the applicant shall provide a sidewalk which extends from the proposed office building out to Cherry Lane to be located on the west side of the building. The only outstanding issues before City Council -- they are really quite minor. The Commission did not make a motion to specifically require the installation of perimeter fencing, as agreed to by the applicant, so we ask that you, please, modify condition 1.2.6 to add a bullet stating applicant shall provide perimeter fencing. And, then, the applicant has provided staft with the revised preliminary plat and landscape plan and the updated plans are included and evaluated in the staff report. So, a lot of concerns have already been addressed. We have received no additional written testimony since the staff report was forwarded to Council -- or since the Planning and Zoning Commission was forwarded to Council. And with that I will answer any questions you may have. De Weerd: Council, any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Kirkpatrick: Good evening. Wendy Kirkpatrick with Stanley Consultants. And my business address is 1940 South Bonito Way here in Meridian, Idaho. And it's a pleasure to be with you this evening. I'm here tonight with a really pretty straight forward application. This is one acre in size and it's an in-fill project. We are requesting L-O where we are fronting Cherry Street and R-8 for the remainder of the site. I just had a couple of things I wanted to bring up and address. Anna did a great job explaining our -- our request for alternative compliance. This is a site where we really have some severe site constraints. Along Cherry Lane we only have 125 feet in width and if we were to include the landscape buffers, that would be required, we would not be able to have an access point to the site and we have an existing structure on the site. So, we really have some severe site constraints and we are willing to go above and beyond the landscaping requirements where we are putting those buffers in on the east and the west. And staft has recommended approval of alternative compliance on the site. A couple things I wanted to address from the staff report and we definitely are in agreement with staff's recommendations. I just had a couple of clarifications I want to address. If you go to the planning department annexation comments, section 1.1, I had a couple of the bullet points I wanted to go through. If you go to the second bullet point -- and I don't believe this was brought up by Planning Commission. There was a Meridian City Council April 17, 2007 Page 21 of 49 suggestion that no alterations, expansions, reconstructions or other enlargements to the existing structure will be permitted, except through the certificate of zoning compliance. The current property owner would -- I guess is planning in the near future to enlarge a carport on the property and I just wanted to have on the record that they are planning that and that's the only planned modification for the structure. I didn't want to have to come back through hearing. They will be doing that through a CZC and through a building permit. I just wanted to have that on the record. And, then, on the fifth bullet point -- and Anna made an elusion to this. There is a requirement that the -- the following uses shall only be allowed on this property principally permitted uses in the L- o zone. No ancillary commercial uses or other conditionally allowed uses shall be allowed on the property. And I would like to just preserve the right for the applicant to come back and ask for a conditional use. At this point they are not requesting anything that's not a principally permitted use in the L-O zone, I just would like for them to have that permission to come back for a conditional use for that to go through a Public Hearing in the future. And it sounds like you have a precedent in the past, but I wanted to go ahead and request that. I thought that was reasonable for them to come back for a conditional use. And those are the only comments we had. We have worked with staff and revised the site plan from the last P&Z hearing and are in agreement with the site plan and in agreement with the staff report, except for those two clarifications I wanted on the record. So, I'd ask for your approval and I'm here for any questions. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: Okay. Canning: Madam Mayor? May I ask the applicant -- I didn't understand the first point the applicant was making. Would that be okay if I ask her to clarify that? Kirkpatrick: Oh, Mayor and Council Members, I thought the wording was unclear where it was requiring that any alterations were only permitted through a CZC. The property owners are wanting to add a carport and I just want to make sure that that would not be prohibited, that they could do that through the CZC. If I could just get clarification on what that means and have that on the record, that would be great. Canning: Would Madam Mayor like me to do that? I need guidance. Would you like me to address that? De Weerd: Yes, please. Canning: I believe that what the intent of Mrs. Watters -- or, I'm sorry. Mrs. Hess's development agreement provisions here is that the applicant would receive a certificate of -- or would undertake a certificate of zoning compliance upon annexation to the city before operating the use in that structure. I mean everything is tied to that CZC. So, the cross-access is tied to that. All references to use are talked about with that regard. Meridian City Council April 17, 2007 Page 22 of 49 So, I believe that that's what was intended, that the applicant would get a certificate of zoning compliance. If they want to include the carport expansion, we would certainly evaluate that. I feel reluctant to say that it would be okay, having no idea where it is or where it's proposed. So, I'm a little unclear. But that would be -- certainly be something we would evaluate against the code for the L-O zone upon certificate of -- submitting a certificate of zoning compliance application. Kirkpatrick: Madam Mayor and Council, my concern would just be if they were to come in in three months from now and apply for a certificate of zoning compliance for the carport, that if it didn't match the preliminary plat exactly in the existing footprint, that that wouldn't be allowed. That's -- I guess that's my concern. I guess they are planning -- we have the property owner here. Planning a 900 square carport to be added onto the property. I just wanted to make sure when they came in for that building permit, if it didn't match the site plan, they would still have the opportunity to have it evaluated and make sure they met code and get that CZC. De Weerd: I don't know-- Rountree: I can't tell you. De Weerd: Anna. Canning: Madam Mayor, Members of the Council, we have not -- sometimes we do say that through -- where we suggest that the Council may want to approve a specific concept plan with an application. We have not stated that here. The applicant really has very limited opportunities to deviate from this concept plan very much, so it probably wasn't necessary. Certainly a 900 square foot addition, I probably wouldn't have called out as not being in substantial compliance with the concept plan, but, again, not knowing where it is, I'm not sure if I can say that the -- you know, outright that that would be something that would be something we could approve, but we would just evaluate it against the code to make sure it met those conditions. Kirkpatrick: That would be perfect. De Weerd: Okay. Kirkpatrick: If I hadn't done this in other cities, I wouldn't be concerned, so -- yeah, that sounds totally reasonable. As long as they would be required to meet code, as long as they are evaluated for that, and not held in substantial compliance with this site plan that's shown when they bring the carport in, that would be -- that will work. De Weerd: Okay. That's as close to an answer as you're going to get. Kirkpatrick: Okay. Then, I'm satisfied. De Weerd: Okay. Thank you. Meridian City Council April 17, 2007 Page 23 of 49 Kirkpatrick: Anything else? De Weerd: Anything else, Council? Okay. Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Council, seeing none, do you need anything further? Yes, Anna. Canning: Madam Mayor, Members of the Council, I'd like to comment on the second request. That was to allow conditional uses on this property that -- to allow the applicant to request conditional uses of the L-O zone on this property. And, again, you know, we haven't seen one of these for awhile, so I want to remind you how the applicant is able to ask for the L-O zoning. They are currently designated as residential on the Comprehensive Plan. We have that provision of the Comprehensive Plan that says if you're less that three acres, if you have access to an arterial street, and if it makes sense to Council, you can request an L-O zone for office uses only. And we have gone around on that issue a couple different times in a couple different ways. But it does say for office uses only and that ancillary commercial uses should not be approved on this. So, it's this -- this same situation that we have been in with regard to the multi-family development in the L-O zone, but it does say office uses and office uses only. I think that given how close the houses are in proximity to this, that there are several conditional uses that would be inappropriate and I think it would be better to limit it to just office uses in this case. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: I don't have any. De Weerd: Okay. With that comment does the applicant have anything further to say? As you do have the final word. Kirkpatrick: Thank you. Mayor and Council, the property owner is actually fine with that restriction. I was just trying to give them some more latitude with what they could do with their property in the future. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: One question for the applicant. I waited until you got all the way back. So, do you know where the carport is going? I mean is it sort of -- Meridian City Council April 17, 2007 Page 24 of 49 Kirkpatrick: I just spoke with the property owner. The carport actually has been constructed. I guess for clarification, I should have made it -- he wants to enclose the carport. So, that would be -- that would require a building permit and that would require a CZC. I just wanted to make sure that was on the record and I would -- Borton: So, where is it now? Kirkpatrick: The carport -- De Weerd: We'll have to have you state your name and address for the record and, then, you could even use the little pointer up there. Grau: Okay. Bill Grau. 4135 West Cherry Lane, Meridian, Idaho. De Weerd: Thank you. Grau: The carport's right there. It's already existing. It's already hooked to the house and already existing, so all I wanted to do was enclose it and they said that the house is 1,800 feet and the carport's about 900 feet and in the original application it came out to around 2,700 feet on the -- on the plan. So, it isn't something I'm adding, it's already there, I'm just going to enclose it. Or wanting to enclose it. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I missed something in that. It will cease to be used as a carport and will become part of the enclosed building? Grau: Uh-huh. Zaremba: Okay. De Weerd: Okay. Any other questions, Council? Thank you so much. Okay. Thank you, Wendy. Council, any further information needed? Rountree: I have a question for staff, Madam Mayor. Anna, are you comfortable that the UDC design criteria will be sufficient for this small parcel, particularly with the redevelopment of a residence into an office? Canning: Madam Mayor, Members of the Council, I don't believe they intend on making many modifications, other than, apparently, enclosing the carport. But I believe that they are just going to use -- reuse the existing house. As I recall. It's been awhile since I talked with the applicant. But as I recall they have an existing hair salon, I believe, in the -- in the structure right now and that use would just continue, but in the proper zoning, in this instance. And the three houses behind, we wouldn't have design review Meridian City Council April 17, 2007 Page 25 of 49 for for some time, but they are very secluded and they have large attached units just to the west. These are all attached units here that provide very limited views into the area. You have two single family homes down here and, then, one in Rod's Creekside. So, it's -- it is truly an in-fill tucked back there that probably won't be visible from Cherry Lane. Rountree: Thank you. De Weerd: Okay. Anything else? Zaremba: Madam Mayor, if I may? De Weerd: Mr. Zaremba. Zaremba: A question for the director as well. And this applies to more applications than just this one. But in the cases where a property would qualify for the L-O zone, solely because of the resolution that -- that you have mentioned, in future administrative tracking of those kind of things, an L-O zone is an L-O zone, but would it be useful or possible to rezone it to something like L-O slash resolution 05, XXX, or whatever it was, so that everybody remembers why it qualified to be an L-O? Canning: Madam Mayor, Members of the Council, that's not a bad idea. Boise City uses a similar concept. They use an L-O and, then, they stick a D on it, meaning it's design review. We could -- we could adopt 'something like that. One of the key benefits, I think, to our GIS system, our geographic information system -- and now that we have got some more staff for that in the Public Works Department, is to start putting a layer on that that notes what these development agreements are and you can even -- my understanding is you can even attach those, just like a pdf to the GIS style, so you can click on it and the development agreement would pop up. If this were the only ones that we put development agreements, I would think that the suggestion Councilmember Zaremba makes is -- would be great. Since we have so many development agreements to track, we need this -- we are in the habit now of remembering to look on every single one and if we can get that incorporated in the GIS, I think that that will be our best method. But if that, for some reason, fails, I like the idea of perhaps adopting a kind of sub category of the L-O district, that would be helpful. Zaremba: Thank you. De Weerd: Okay. Anything further, Council? Rountree: I have none. De Weerd: Okay. Do I have a motion to close? Zaremba: I move we close the Public Hearing on AZ 07-003 and PP 07-005. Meridian City Council April 17, 2007 Page 26 of 49 Rountree: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 14 and 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Items AZ 07-003 and PP 07-005, to include all staft comments, plus in condition paragraph 1.2.6, add an additional bullet between the existing sixth and seventh bullet that states: Applicant shall provide perimeter fencing and, then, just the comment that a few things that have been discussed, no promises have been made that they will be approved, but the promise has been mad that they will be considered. End of motion. Rountree: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Hearing none, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 15. Zaremba: I'm sorry, I thought I lumped both of them together, did I not? Canning: He did. Bird: He did. Zaremba: Is that acceptable? De Weerd: Apparently, not since, I asked for a motion on 15. Bird: Madam Mayor, I agree a hundred percent with you and I should have not voted. I think we -- while I like to get out of here as early as anybody else, I think we need to do items like that one at a time. De Weerd: I just took the comments as appropriate under annexation, so if you want to make the same motion on this item. Meridian City Council April 17, 2007 Page 27 of 49 Zaremba: Madam Mayor, I will make a separate motion that addresses only PP 07-005. I move that we approve Item 15 and adding the condition under paragraph 1.2.6 that the applicant shall provide perimeter fencing and everything else that's been said. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 15. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: VAR 07-005 Request for a Variance to UDC 11-2D-4 to allow the proposed building to be setback from the street and Variance to UDC 11-3C-6 to allow for a reduction in size of the required parking pad for Barnes Home Business by Nathan Barnes - 35 East Ada Street: De Weerd: Item 16 is a Public Hearing on VAR 07-004 -- or five. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Barnes project. It's located at 35 East Ada Street, not too far south from here. It's on Ada about midway between Main and Meridian. And the application before you tonight is a variance. The applicant is specifically requesting a variance from Sections 11.2D.4 and 11.3C.6 of the UDC. 11-2D-4 references back to the downtown Meridian design guidelines and within those design guidelines there are front setbacks of, basically, zero. There is a build-to line at the front of the house and, then, with regard to the other provisions of code, the 11-3C-6, that's with regard to a 10-by-20 parking path between the access and the garage. So, this is the zoning. Here is a picture of the site. And I'm just so tickled by this -- this application before you tonight. Somehow that picture got rotated, but when you think of variances, you should remember back to this application, because this is truly why there are provisions for variances in the state code and within the City of Meridian code. Here is the property and here is the easement going through that property. So, here is the front street -- something got really goofed around here. I know what happened. The box stayed and the picture rotated for some reason. Hold on a minute and I can fix that, because this is -- Rountree: Difterent layers going different directions. Canning: Madam Mayor, Members of the Council, I'm going to shut this down to see if when I bring it back up it's in the correct place, because it was correct earlier today. I apologize. Well, Madam Mayor, Members of the Council, I'll just have to -- ruined my thunder on this wonderful variance application. This red box should be located like this. That's the property outline. So, you will see Ada Street would be at the front of the property and the applicant is physically unable to located the structure toward the front Meridian City Council April 17, 2007 Page 28 of 49 of Ada Street, because the easement goes -- is located in that direction. So, they are forced to put it on the southwest corner of the property next to the alley. And as I go down to the site plan, you can see here in the general location of that facility. Here is Ada Street. Here is the alley. So, the structure that's proposed would be here in the southwest corner. This is access to the alley. And this is the structure that's proposed and it complies with the provisions of the design guidelines, except for the fact that it had to be setback from Ada Street. The applicant is proposing to build a home and their studio recording office, so that the second story would be the house, while the bottom story in the back would be the recording studio. With regard to the parking, because, again, because of the -- the drainage facility or irrigation facility, the applicant is only able to get a limited parking pad toward the rear of the structure. They do have the fully enclosed garage, it's just the parking pad is not the full eight-by-ten, it's -- but they do -- they are able to achieve eight feet in depth and they do have a 16 foot alley behind them. They -- in addition to that, they do provide a parking lot for the studio use and the square footage required for that. So, if the Council approves the requested variances, it would allow the applicant to build a two story, 2,800 square foot building to serve as home and the recording business. Staff is recommending approval. In this instance granting the variance will relieve an undue hardship that is caused by the irrigation lateral that crosses the site. The physical impediment affects the applicant's ability to meet both the required setback and the required depth of the parking pad. We did receive one letter since you have received our staft report and that was a letter of support from Deborah Barnes with reference to the development of this site. And with that I will answer any questions and I apologize for the delay in -- in this photo. I don't know what happened. De Weerd: Thank you, Anna. Any questions for staff at this time? Bird: I have none. Rountree: No. De Weerd. Okay. Thank you. Is the applicant here? If you will, please, state your name and address for the record. Barnes: My name is Nathan Barnes. My address is 2360 North Equestrian Place, Eagle, Idaho. De Weerd: Thank you. Do you have any comments? Barnes: I have nothing to add, but would be happy to answer any questions you might have. De Weerd: Any questions for the applicant? Bird: I have none. Meridian City Council April 17, 2007 Page 29 of 49 Rountree: I have none. De Weerd: Thank you. Barnes: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Very quiet audience out there. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Anna, can you put up the elevation again? Canning: Yes, sir. Borton: Is the concept that the lot -- I guess to the west -- I think that's right. Would be attached to this -- Canning: At some point and that's why there are no windows on that elevation. On the -- the side that's open to the -- the one benefit of this to the applicant is that they do have a fair side yard that they are able to make into kind of a seating area and these windows would face that kind of outdoor area. Borton: Okay. Madam Mayor, I understand the findings on the easement and various issues with the particular finding on the parking pad, but I haven't heard any arguments far as a hardship finding. Canning: Yeah. It was same. Borton: The easement issue in the back? Canning: Well, just as the site is so constrained by the physical features of the -- because it takes up nearly -- it takes up more space than even one would imagine, because the corners are inefticient -- or triangle pieces are inefficient, so because it takes up so much that they are just able to get a limited property on there. Borton: Okay. Canning: Or limited size building. I'm sorry. De Weerd: Okay. Any other questions? Bird: I have none. Meridian City Council April 17, 2007 Page 30 of 49 De Weerd: Okay. If there are none, I'll have a motion. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Just a comment while the Public Hearing is still open. One, I'm enthusiastic about the concept of having a mixed studio and residence. Vertical integration is coming to Meridian and I think this is a good example and I think that's wonderful. My one point of disappointment actually has nothing to do with what they are proposing, except for this easement. This property and the surrounding ones are in the area where some day there will be a cross-over for the split corridor. It would be marvelous if that easement could actually be where the roadway was going to go and, therefore -- since people can't build on it anyhow, it's wasted space to the property owners. It would be nice if it could be incorporated into the eventual engineered design of where that cross- over for the split corridor is going to go. We all know that's going to happen some day. It's so far away that I can't see penalizing this applicant for how far away it is, but I just wanted to express my disappointment that it was not closer at hand. Canning: Madam Mayor, Members -- Zaremba: With that said I move we -- oh, I'm sorry. Go ahead. Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, we -- we did recognize that this was very close to the cross-over area. So, one of the first things we did was contact ACHD about the eventual location and how this might relate to it. Their thoughts were that could never be built directly on top of this, but that they might be able to put their easement directly adjoining it, so that it could be a -- perhaps a little -- a reduced easement for the roadway facility, recognizing that there was an existing easement for the irrigation facility. So, it would likely be on the easterly side of this irrigation facility. Zaremba: So, this proposed building might eventually have street frontage, it's just -- but it's not in the way of where the street would go. Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, the Ada -- frontage might be limited at some point and that's something they will definitely need to address as part of the cross-over one. They may still have access to here and it would terminate before connecting into that cross-over facility, because they are going to limit the number of connections to that facility. But from everything we could figure out, this application seemed to be able to move forward, given that it wasn't going to generate a whole lot of high trip count, that it was on the west side of this facility, and that we anticipate the cross-over will be on the east side. Meridian City Council April 17, 2007 Page 31 of 49 Canning: Madam Mayor, once again, I appreciate that staft has been very thorough and I have been unable to stump them again. That being said, I move we close the Public Hearing on V AR 07-005. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on this item. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor, I move we approve Item 16, V AR 07-005. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 16. If there is no discussion by Council, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: AZ 07-002 Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zone for the property located at 1970 North Meridian Road for Hartz Music Shop by Hartz Music Shop - east side of North Meridian Road & north of East Fairview Avenue: Item 18: Public Hearing: RZ 07-003 Request for a Rezone of 0.38 of an acre from L-O to C-G zone for the property located at 1990 North Meridian Road for Hartz Music Shop by Hartz Music Shop - east side of North Meridian Road & north of East Fairview Avenue: De Weerd: Thank you. Items 17 and 18 are public hearings on AZ 07-002 and RZ 07- 003. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Hartz project. It's located at 1990 Meridian Road, approximately a quarter mile north of Fairview and it's actually two properties. One's already in the city, one's in the county. Therefore, you have an annexation and zoning request and a rezone request before you tonight. The northerly property, as you know, is developed with Hartz Music currently and this would be an expansion of that use. This is the proposed site plan. And what they plan to do -- there are currently two existing structures on the property and the application intends to keep the existing structures and use them as part of an expanded Hartz Music Shop. The area in between the two structures is designated as a tent area and they are not asking for specific approval of that at this time, but it would be used for small outdoor shows and recitals associated with the music shop use. The applicant states that in the future Meridian City Council April 17, 2007 Page 32 of 49 that area might even be enclosed for indoor shows. So, that would be expanded as a permanent structure perhaps in the future as that works. So, there are just two buildings proposed and those are existing. Staff has recommended a development agreement with the application to include the following site specific provisions. One would be that the subject property would be zoned C-C and not C-G, as the applicant has requested, and they have stated that they are not opposed to that zoning. I think I forgot to mention that at the beginning of the description of the project, that they were seeking C-G approval, but staff is recommending C-C. We are also asking for a cross- access easement to the owner to the south and that's Kendall Hoyd and he's been working with staff on an application of his own, so we anticipate that that property will come in as well to complete this little corner. The hours of operation would be limited from 6:00 a.m. to 10:00 p.m., and that's in recognition of the residential uses just to the east of this use and to the north, as shown here. The detailed site plan -- or a detailed site plan would be submitted with any conditional use or CZC application on the site and it would need to substantially comply with the conceptual plan provided to the city tonight as shown on the overhead. We are also -- the applicant has also agreed that they will limit their access points to Meridian Road just to the northerly points and that they would remove this southerly point when they develop that structure as an office use. Furthermore, they'd have a 25 foot wide landscape buffer along the entire frontage of North Meridian Road and also they'd have a 25 foot wide landscape buffer adjacent to the residential uses. And there is quite a bit of -- there is quite a bit of landscaping within this drain. You can see the natural vegetation. It's not landscaping. Sorry. It's natural. That's actually part of this parcel to the south has a little leg that comes up that includes some of that drain. Or that creek. These are the existing houses. The final provision of the DA was that they would also construct a sidewalk along North Meridian Road. The Commission recommended approval at their March 15th, 2007, Public Hearing. Matthew Hartz, the owner and applicant, spoke in favor of the application. No one spoke in opposition or commented. There was no written testimony. And the key issues of discussion by the Commission were the hours of operation for the future outdoor entertainment facility stage. It was a bit premature, but they did talk about that aspect of the applicant's proposal. They didn't make any changes to staff's initial recommendation and to our knowledge there are no outstanding issues before City Council. As I mentioned previously, the applicant is in agreement with the C-C zone that's proposed in the staff report or as indicated in staft report. And we have received no additional written testimony since you received the Planning Commission recommendation. With that I will answer any questions. De Weerd: Any questions from Council? Bird: I have none. Zaremba: Madam Mayor, of course. De Weerd: Mr. Zaremba. Meridian City Council April 17, 2007 Page 33 of 49 Zaremba: Anna, can you go to the aerial view, please. What is this little key hole out of the -- Canning: Sir, I have no idea. Zaremba: Okay. I'll ask the applicant. De Weerd: I'll bet the applicant can probably -- Zaremba: I'll ask the applicant. And, then, my next question on that same plan was going to be -- again, this is future conversation when they talk about coming in for the CUP for the entertainment center, but would you have any idea what the distance from where they might have outdoor speakers to the nearest residence is? It looks like it could be pushing the 300 feet or whatever the ordinance says for outdoor speakers. Canning: This length is close to 200 feet currently. So, if you compare that to the aerial photo, it looks like you would be about 200 -- it would be fairly close. Zaremba: Okay. And that discussion is later for the CUP anyhow. Canning: Yes. And I think the applicant's idea was that, you know, if they could develop the natural drainage way here as an amenity to the site -- I recall they talked about having perhaps weddings out there. I mean we are kind of making it a real place for events and music. I should let the applicant tell you all about that, though. Zaremba: Thank you. I should have asked the question to the applicant, probably. De Weerd: Stealing his thunder. Okay. Any other questions for staff? Borton: Madam Mayor? De Weerd: Yes. Borton: Anna, this access stays, this access goes away, or is that -- Canning: Yes. The northern access stays. The southern access goes away. And they will provide cross-access to this property and this property will only take access from this collector street whose name I don't remember. They don't have direct access to Meridian Road. De Weerd: Is the applicant here? Hartz: Matthew Hartz. 1990 North Meridian Road. De Weerd: Thank you. Meridian City Council April 17,2007 Page 34 of 49 Hartz: Let's see. As far as that easement, which is -- and it might even be that it is outdated at this point, since I have owned that property since 1997. It was ~- it's an old easement for an artesian well that was originally there that because of the demand on the water table ceased to produce any water and so I guess the guys next to me owned that, but it was ~- that was -- we -~ 1 tried to -- in '97 or '99 when 1 initially came before you to do the zoning on the original project, tried to contact the property owner, who is in California, and they said they didn't know and they didn't care and to quit bothering them about it. So, if that makes any -- Rountree: It makes a lot of sense. Hartz: And, then, I'm trying to -- as far as the tented area goes, as we get farther along into the project I think what we are going to do -- and this is why I didn't want to spend another 1,100 dollars on a Conditional Use Permit at this point, is to go ahead and use funds that may be available to go ahead and make a permanent structure. Therefore, the speaker problem won't be a problem anyway, and I have been working in conjunction with the people in the La Playa Subdivision and the James Court Apartments, who they say when they have heard music over there, they like to come out and listen to it anyway, so -- so, that -- the plan is right now is that that will not be a tent, that that will be a new structure and we ran into problems and we wanted to go ahead and join the two parcels, but neither one of the lien holders on either one of those parcels want to do that, so probably what we are going to do is build onto the 1970 building, which is the building to the south and extend that out and make that about that big, which will provide a performance theater for seating for about, you know, a hundred people or so for shows and recitals. But it will be indoors now. We are thinking. Unless I don't want to go through this again and pay another 1,100 bucks for a conditional use to put up a tent that's going to last me about two years anyway. Other questions that you were -- there was -- I think there might have been one other issue that you -- De Weerd: I think outdoor music sounds good. Zaremba: You covered mine. Hartz: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I'd ask on the access, this won't be a drive aisle? Hartz: No. Not at all. And that was -- you know, when we initially were looking at it, Mr. Hoyd and I, who bought that property from the south -- on the south from me last year, we were developing that cross-access agreement at the time and we didn't know what we were going to do and I think it was just preliminary stages but that will not be there Meridian City Council April 17, 2007 Page 35 of 49 and we have -- I think the cross-access agreement's already been done. We got it all signed and notarized the other day, so -- Borton: Madam Mayor? De Weerd: Yes. Borton: You mean is that now planned to be landscaping? What are we -- Hartz: You know, he -- actually, he's got landscaping that he wants to put right on the border there, too, so I'm going to do something in conjunction with him right there. Borton: Okay. Hartz: But it's going to be basically separating my deal from his parking lot. Borton: Okay. De Weerd: Any other questions for the applicant? Rountree: I have none. Bird: I have none. De Weerd: Okay. Thank you. Okay. This is a Public Hearing on Item 17 and 18. Is there anyone who would like to provide testimony on this application? Okay. Council, seeing no further testimony -- Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I guess I would ask legal counsel, one, whether it's even necessary or, two, whether it's possible, to declare that artesian easement abandoned through -- it serves no further purpose or -- is there a way to clean up that property line? Baird: Madam Mayor, Members of the Council, Councilmember Zaremba, unfortunately, that matter is not before you and it's a private property issue between the two property owners. It would have been nice to have been able to clear it up, it looks like he tried to, and maybe just encourage them to pursue it. But you don't have any power to take any action on that before you tonight. Zaremba: Well, I guess let me ask it -- the question a different way. The zoning will be to the property line regardless of where that easement is; is that correct? So, that easement doesn't really make any difference to the zoning. Meridian City Council April 17, 2007 Page 36 of 49 Baird: Madam Mayor, Members of the Council, I -~ from looking at the map, I can't even tell if it's an easement. It looks like they took a chunk of the property out. So, it may be on a fee simple. Again, we don't have enough information on that. Maybe the planning director has something that she could add to it, but I think .- De Weerd: I think the applicant has something he could add. Baird: He may have something to add. Hartz: I tried to address this legally with planning and zoning at the time and what they had told me -~ and they showed me a statute -- it was something about seven years and because of adverse possession and that's what I remember, you know. So, if that makes any difference. I don't know if there is something that exists like that, but that was what I was told at that time. Baird: Madam Mayor, Members of the Council, the planning director is putting up the engineer's boundary survey and it indicates that it's -- you're going to zone to exactly those areas and, you know, I think the opportunity's been lost. Zaremba: Thank you. My question was trying to clean it up, but I don't see holding up the project just to make it neater. De Weerd: Anna. Canning: Madam Mayor, I would encourage the applicant to seek inverse condemnation on that property for development of the site. They'll need to talk to an attorney about that, but it looks like it's been used by the applicant as a driveway for a number of years. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move we close the Public Hearing on Items 17 and 18, AZ 07-002 and RZ 07-003. Bird: Second. De Weerd: I have a motion and a second to close the public hearings on Items 17 and 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Is there a need for further discussion? Meridian City Council April 17, 2007 Page 37 of 49 Rountree: I have none. De Weerd: Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And I will do them separately. I move that we approve AZ 07-002 with the change that the zoning will be from a county R-1 to a city C-C, Charlie-Charlie, zone. Bird: Second. De Weerd: Okay. A motion and a second. Charlie, do you have anything to say? Rountree: Ditto. De Weerd: Okay. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 18. Zaremba: Madam Mayor, I move we approve RZ 07-003, again, with the change that this is a change from an L-O zone to a C-C zone. End of motion. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 18. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 19: Public Hearing: MI 07-005 Request for a Miscellaneous Application to amend the Development Agreement for Market Square to remove the requirement for Conditional Use Permit approval for site plan review for structures over 50,000 square feet for Gold's Gym by Josh Wheeler- 3570 North Eagle Road: De Weerd: Thank you. Item 19 is a Public Hearing on MI 07-005. I will open this Public Hearing with staff comments. Meridian City Council April 17, 2007 Page 38 of 49 Canning: Madam Mayor, Members of the Council, this is a Gold's project. It's -- Gold's Gym. It's on the northeast corner of Ustick and Eagle. It's just right north of the Lowe's building on that site. The application before you tonight is modification to the approved development agreement. The applicant is proposing to amend that development agreement to remove the Conditional Use Permit requirement for site plan review of any structure over 50,000 square feet. So, that -- and, instead, they'd like to require design review approval with a certificate of zoning compliance for any structures over 50,000 square feet. So, again, let me reiterate that, because it might get a little confusing. So, the applicant's request is to remove the Conditional Use Permit requirement for any structure over 50,000 square feet and, instead, just substitute the design review requirement for those. The applicant also submitted a site plan and elevations for the proposed Gold's Gym building on this lot. The structure exceeds 50,000 square feet. You can kind of see the Lowe's building on there. It would have, thereafter, triggered the need for this -- for the Conditional Use Permit. So, the proposed Gold's Gym __ there we go -- is on the north end of this. They are doing a -- kind of a short plat on an existing Lot 10 to create several difterent lots. The Gold's Gym would be one of those. And this is that site layout. Here is the structure. And, then, the proposed parking. The extension of Baldcyprus Road would be on the north. There is another lot over here that would separate it from Allys Way. These are the proposed elevations. Particularly easy to see them in the colored elevations that they have provided. As you will note, the proposed elevations show an attractive building with a lot of windows, modulations of the facade, roof line recesses and projection. Slopped roof with varying roof planes and a combination of textures, materials, and colors. Everything that our modest design review requirements might ask for. As a proposed site plan, as noted -- as shown previously, also shows an eight foot wide pedestrian pathway through the parking lot stretching from the western boundary of the parking area to the building entrance and it shows less than 70 percent of the parking located in front of the building. So, again, those are some requirements of the design review. What staff is recommending tonight is a slight modification to what the applicant requested. We are asking that City Council just outright approve the elevations for the Gold's Gym as presented in detail before you tonight and not require any further design review approval of that structure at staff level. Further, staff recommends that the development agreement be amended to remove the requirement for the conditional use approval of buildings over 50,000 square feet and, instead, just require that all of the structures on the three remaining lots receive design review approval. Now, staff's logic in this, rather just limiting to the 50,000 square feet, is they -- because of its unique location along Eagle and Ustick Roads, which are both entryway corridors, basically, everything in this subdivision has been subject to design review and it just seemed easier going forward to just make the remaining structures in the project subject to design review and -- because they are modest, we are confident that the applicant will meet those requirements and -- fairly easily. So, again, it was just to make it more consistent throughout the entire subdivision. We have not received any additional written testimony since the staft report was prepared for Council and to our knowledge there are no outstanding issues before Council. Although I suspect the applicant might be asking to remove some proviSions of the -- of the -- well, let's just Meridian City Council April 17, 2007 Page 39 of 49 wait and see what the applicant has to say. With that I'll answer any questions Council may have. De Weerd: Okay. Council, any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Okay. Is the applicant here? Steinbach: My name is Diane Steinbach from CGA Architects, 1185 Grove Street, Boise. De Weerd: Thank you. Steinbach: And I am here representing Josh Wheeler, Gold's Gym. He is the president of Treasure Valley Gold's Gym. And as you can see from -- Anna, if you could scroll back to the elevations. This beautiful building, I will say, from an architectural standpoint, I think offers an esthetic amenity to your community, as well as from a -- oh, member of the community standpoint. It offers a recreational amenity. It's a full use facility. I will keep my comments very limited and I would entertain any questions from an architectural standpoint that I could be qualified to answer. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: My question is not from an architectural standpoint, but you heard the staff's comments. Are you particularly concerned with those comments, if that's how we move forward? Steinbach: With the development agreement being modified for site plan review only? I believe that's how we all interpret it and trying to sort of move this through from a design review standpoint. I think we are meeting all of the recommendations, requirements of design review, not only from a site plan, but from a facade, as well as landscape requirements. Did I answer your question? Rountree: And we are going to hear some more. Steinbach: Okay. I think you will be hearing some more. Meridian City Council April 17, 2007 Page 40 of 49 Rountree: Yes. Thank you. De Weerd: Okay. Anything else, Council? Bird: I have nothing. De Weerd: Okay. Thank you. Is there any further testimony on this application? Marcheschi: Good evening. De Weerd: Good evening. Marcheschi: My name is Michael Marcheschi at 12601 West Explorer Drive, Suite 200, and I represent Brighton Properties or Brighton Corporation, the owners and developers of Ustick Marketplace, Lowe's, and all the accompanying parcels, the pads out on front, including Lot 10, which recently was approved for short plat and is just now waiting final recordation. We, with Gold's Gym, are in agreement that we'd like to amend the development agreement -- or modify the development agreement to remove the conditional use requirement for structures over 50,000 square feet and replace that with a design review process, which eftectively has the same outcome in terms of review. In the original development agreement that was put in place back in I believe 2004, at that time there was not an adequate design review process in place and so City Council made a condition for annexation and new zone of that parcel to have this trigger mechanism for a vehicle to bring it in for some type of review. And at that time the -_ threshold of 50,000 square feet was put in place, so that it was really just the large buildings that would really require that kind of use review. Because there are pads and parcels along the entryway corridors adjacent to Eagle and adjacent to Ustick, those parcels are already under the UDC requirement for design review, so our thinking has always been that the modification, which would simply be the same threshold, the 50,000 square feet, but just to have the design review process in place, rather than conditional use. So, we were a little surprised to now have a staff recommendation that we remove any threshold whatsoever on a property that's not adjacent to use Ustick or Eagle, but is actually set back from those streets by both existing and future structures and parking lot. And so our proposal would be to just remove the CUP requirements for that same threshold and replace it with a design review. If we could look at this plat right there, you will see that Gold's Gym is going to occupy the single largest parcel on that -- in the -- of those four and so any structure that will be going up south of there would be smaller than the Gold's Gym that's proposed. So, you know, right now under our existing development agreement there really is no requirements for either CUP or design review for any structure that goes on that property, as long as it's below the 50,000 square feet threshold. So, we -- in talking with Anna, you know, I think that we are agreeable to working with the city to accept the recommendation that we go through a design review process, if we could remove a couple of the design review conditions that they had recommended and those recommendations are found in number three and number four on page four of the staft report, which require the parking lots, that no more than 70 percent of the off-street parking area be located between the front facade Meridian City Council April 17, 2007 Page 41 of 49 of the structure and abutting streets and also that the pedestrian walkways requirement also be removed. When these parcels were originally platted, the original design or the intention for those parcels was that because they are already behind -- were going to be behind the buildings along and adjacent to Eagle Road, that the parking facilities be behind there and if one were to -- can I borrow the pointer? De Weerd: You have one right in front of you. Or you should. Somewhere. Marcheschi: It's hiding. Okay. Gold's Gym is going to go right here and they have allowed for some parking around the back. The other two parcels, if a building were to go in line with that Gold's Gym, you see that there really is no area behind for that parcel to park, nor for that one, and if a -- can you go back to the site plan, Anna, for me? Originally, the Gold's Gym that they proposed -- the site plan they proposed to us, did not have this walkway, nor this walkway here along that edge and by introducing this walkway it eftectively removed a row of parking along this edge and they have removed the parking spaces along that edge right there, about 30 spaces here, and an additional nine spaces along this edge. The ECC&Rs for that development with Lowe's require a certain parking ratio and -- which was seven and a half per thousand and they -- in order to alleviate any type of use of the Lowe's parking by anyone going to Gold's or any other proposed use there. And by introducing this walkway now through design review, you can see that the eftective ratio has gone down by a full point and so we are going to have to work with Lowe's to try and either amend the ECC&Rs or work that out with them. So, by introducing those walkways on more narrow parcels to the south, you really begin to eat up entire rows of parking, which really limits the opportunity and potential for those parcels. So, I'll take my comments, then, and ask for any questions if you have them. De Weerd: All right. Well, I guess I'd just make a statement. I appreciate them adding the connectivity. You know, parking lots have just been such a problem in the past with connecting the developments together and pedestrians always have this quandary of where on earth do you walk to get from one location to the next and this offers a safe thing. A lot has happened since the Lowe's was proposed and I think what you can see with Gold's Gym, the vision for that area stepped up. You know, I think that's a beautiful building and it has raised the bar and you might see -- and I'm not in retail or anything, but I go off of my own preferences and this will attract people who want to get out and travel and interconnect with the different developments. I think it provides great potential to like type of experiences, so -- and maybe they are actually walking or riding their bikes there on Eagle Road. Rountree: Sure. De Weerd: You know, in my ideal world it would happen. So, anyway, I know that we risk the parking issue for the connectivity and safety for pedestrians, but it's an important aspect to it as well. But just a statement. Council, any questions? Bird: I have none. Meridian City Council April 17. 2007 Page 42 of 49 De Weerd: No? Anything, Anna? Canning: Madam Mayor, Members of the Council, I suspected this was coming and I'm not opposed -- now that we have the connection on this property, I'm not opposed to giving up the pedestrian walkways on the other two. They are fairly narrow and one may be sufficient. If Council doesn't -- if Mayor and Council don't agree, then, that's fine, but -- and with regard to the parking lot, because these are internal properties, I think it's definitely appropriate to not require that. I, actually, thought Sonya was not going to include that in the staff report before it went out, so I'm not opposed to it at all. It was a misunderstanding. De Weerd: Okay. Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I have got a question for legal. Clarify for me how an outfit comes in with an application asking for A -- I mean to discuss anything other than, you know, up or down on what's requested, are we delving way beyond the actual applications in terms of getting rid of that Conditional Use Permit and going to design review and it sounds like we are now agreeing to apply or not apply UDC provisions. Baird: Madam Mayor, Members of the Council, Councilmember Borton, the way 'look at this and suggest that you analyze it is that you have got a condition that they are asking to remove and it's a condition that takes in lots of different factors and when you're taking that away, you have got the whole spectrum of what to replace that with and I think that what staff is doing is saying if you're going to take this one thing away for the CUP requirements, this is what we think would be necessary in order to fulfill the intent of the original condition in the development agreement. So, said another way, I think it's fair game. You open up that agreement. It's up to you to decide how to craft it to meet the original intent and the continued intent. Borton: Madam Mayor? De Weerd: Yes. Borton: And the reason for the question is maybe not it's not necessarily unique to this request, but if you have got an applicant who requests a change and if we say, well, you know, approve that change, but let's tweak these other things to try and make it fit, and the applicant says, well, wait a second now, if those are the way you guys fix it, I don't think I want that, I'm going to withdraw my request. Baird: They can do that. Meridian City Council April 17, 2007 Page 43 of 49 Borton: But what can happen is, you know, we go forward and approve -- you know, approve a request, add on a bunch of strings and, then, it's potentially too late for the applicant to withdraw their request. Baird: Madam Mayor, Members of the Council, Councilmember Borton, I'd hate to speculate on something that's not before you. I think you have got an agreement here. Marcheschi: Is it possible to make a couple more comments? De Weerd: You bet, since he opened up that dialogue. Marcheschi: Okay. It should be noted that the -- that I think all four corners there at Ustick and Eagle have come in for annexation and have been required to go through a conditional use process as well. The property directly to the west of this, Winston Moore's parcel, the Centrepointe Development, also has design review requirements for adjacent parcels along Ustick and Eagle and originally, for their first couple of buildings, they came in for a Conditional Use Permit for Kohl's and for G.!. Joe's, but, then, most- - and, then, recently they came in and asked for a modification of development agreement, similar to what we are doing tonight, which removed that requirement for __ for their buildings that were not adjacent to the "public or the corridors. And so, you know, existing right now we have a requirement in place for a CUP for buildings over 50,000 square feet. There is no requirement oft of the -- off the corridors for any type of design review or for Conditional Use Permit. Not that we don't want wonderful looking buildings, I mean we have worked with Gold's to produce what you saw tonight. That's what we are looking for on our development. And so in no way is Brighton trying to avoid going through that process. It's only that -- you know, if we are looking at a one to one or if we are bringing up this amendment and we -- or modification and we are looking for some type of a compensatory, you know, substitution, then, our thought is that we should leave in this threshold of 50,000 square feet, just the way it is right now. That was a condition put in place in the original agreements and removing that right now doesn't really change the intent, because, like I said, there is not going to be anything over 50,000 square feet going in there anyway with this Gold's Gym going in. Anything else that goes in there will be less than 50,000, probably. So, again, I think that we are open to having -- you know, to supporting staff's recommendation, minus those two design review conditions. It should also be noted that the applicant is making this application for more than just the Gold's Gym and so it needs to be taken into consideration that Brighton properties is still owner of the majority of the parcels there and that Brighton properties would have final say, essentially, before the applicant signed a development agreement with the city. De Weerd: I guess I would just reiterate there is a lot that has happened since this application came through and what the corners have been asked to do is even provide elevations what their vision of that area was and even what happened on the corner west of yours is when he came in and listed those CUPs, he provided us details on materials, accents, he showed us differing connectivity and even some amenities that that he was doing to try and interconnect his development. So, you could see the vision Meridian City Council April 17, 2007 Page 44 of 49 of how it flowed. And I guess I don't see that staff is asking anything that we haven't asked of all the other corners in that area, but, again, things have changed from when you first stepped in the door and I think this application is symbolic of that and I congratulate you for that. What you have done in working with Gold's in producing that elevation, it really is -- I understand why the architect stood up there and was very proud of that. But I think, again, that lends to the stepping up and just asking that there continues to be a comfort for that area and what it builds out to look like. Marcheschi: Right now the UDC requirement in a commercial district or commercial zone is a threshold of 200,000 square feet. Is that correct, Anna? Canning: Yes. Marcheschi: So, what we are actually proposing is to put a design review on off adjacent property in a C-G zone that under the UDC wouldn't be required. So, I'll leave my comments. De Weerd: Thank you. Marcheschi: Thank you. De Weerd: Okay. Is there any further testimony on this application? Would the applicant like any final remarks? Okay. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Do I hear a motion to close the Public Hearing? Rountree: Madam Mayor, I move that we close the Public Hearing on Item No. 19. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 19. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Is there any discussion? If not, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council April 17. 2007 Page 45 of 49 Rountree: I move that we approve the request in Item 19, MI 07-005, subject to inclusion of all the staff comments, with the exception of staff report conditions three and four with respect to parking and pedestrian aspects within the public parking areas. Borton: Second. De Weerd: Okay. Thank you. I have a motion and a second to approve Item 19. Is there discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 20: Ordinance No. 07-1309: New Sewer Pretreatment Ordinance: Item 21: Ordinance No. 07-1310: AZ 06-045 Request for Annexation and Zoning of 7.556 acres from RUT to an R-4 zone for Eastwood Subdivision by Wirt Edmonds - 4515 South Locust Grove Road: De Weerd: Okay. Thank you. Items 20 and 21 are ordinances numbers 07-1309 and 07-1310. Mr. Berg, will you, please, read these two ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1309, an ordinance of the City of Meridian repealing Title 9, Chapter 2, Sewer Pretreatment of Meridian City Code, enacting a new Title 9, Chapter 2, Sewer Pretreatment of Meridian City Code, providing for general provisions, general sewer use requirements, pretreatment of wastewater, wastewater discharge, permit application, wastewater discharge permit issuance, process, additional reporting requirements, compliance monitoring, confidential information, publication of users in significant noncompliance, administrative enforcement remedies, judicial enforcement remedies, supplemental enforcement action, affirmative defenses to discharge violations, wastewater treatment rates, miscellaneous provision, providing for an effective -- of validity, providing a savings clause and providing that all ordinances, resolutions, and conflicts are repealed and rescinded and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing for an effective date. Berg: Ordinance 07-1310. An ordinance for annexation of property being in the north 500 feet of the east one half of the southeast one quarter of the southeast one quarter of Section 30, 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 Meridian City Council April 17, 2007 Page 46 of 49 providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have heard these two ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none, I would move we approve Ordinance 07-1309 and Ordinance 07- 1310, with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Items 20 and 21. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 22: Discussion of Setting the Date, Time, and Location of the City's Budget Hearing (Tuesday, August 28, 2007): De Weerd: Item 22 is discussion of setting a date, time and location of the city's budget hearing. Mr. Berg. Berg: Thank you, Madam Mayor. As required by state statute we need to notify the county clerk before April 30th of when we will hold our Public Hearing for our budget for to 2008-2009 fiscal year. So, this is to make that notification, make sure you have it on your calendar. The proposal by the finance department was Tuesday, August 28, in their budget schedule. So, I just need to make sure that is still on board. If you want to have a special meeting at 6:30, rather than 7:00 o'clock, if you want to make sure nothing else is on the agenda, or pretty limited or any other conditions you may instruct me to do when that date starts approaching, but I do need to notify the county clerk date, time of that budget hearing. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: August 28th, 6:30. And as little agenda as we can have. That isn't absolutely necessary would be my preference. Meridian City Council April 17, 2007 Page 47 of 49 De Weerd: Okay. Any other comments? Rountree: Just a point of clarification. That date -- that hearing would be it for the evening or would we have a regular Council meeting following? Berg: Madam Mayor, Members of the Council, Councilman Rountree, whatever you prefer. It is the fourth Tuesday of the month, I believe, so it is a regular meeting, but we could do whatever you wish, as long as we know ahead of time and we can arrange public hearings or any other items on the agenda and limit it to whatever you may decide. Rountree: I think in the past a half an hour has probably been plenty of time, but if we have a regular scheduled meeting at 7:00 o'clock, that gives us a half hour leeway, which is probably plenty. 6:00 is better. Bird: I don't care. We can start, you know, earlier, but -- and I don't think we need to fill up the agenda with much other stuff. I think at least an hour. Berg: Madam Mayor, if I can get some clarification. You don't want the regular meeting afterwards? Rountree: Well, yeah, I think we probably need to. Berg: And keep it kind of limited, too? Bird: Yeah. Berg: And, then, just have the hour budget hearing on a special meeting. Borton: As long as it's fairly limited. Really limited. Berg: I will make note of the really limited. Really limited. And we will notify the county at 6:00 o'clock on Tuesday, the 28th of August. De Weerd: Mr. Berg, if you also refresh our memory on when the workshops are in July. Berg: Madam Mayor, they are in July. I did get a couple of e-mails from a couple Councilmen with their vacation schedules and relayed that, so I'm sure that's going to be maybe rearranged, but we will get that out right away. I will talk to Stacy tomorrow. They are set. I want to make sure they are A-OK. De Weerd: Okay. Well, I hope you have my schedule, too, because I scheduled around that. Meridian City Council April 17, 2007 Page 48 of 49 Bird: I did, too, Tammy. Item 23: Executive Session: Idaho State Code 67-2345(1)(c). (t). De Weerd: So -- okay. Well, August 28th, 6:00 o'clock. You can notify Ada County. location? I -- no. Okay. Council, with that determined let's -- I don't need a motion on the -- okay. Item 23 is an Executive Session per Idaho State Code 67-2345(1 )(c) and (f). Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1 )(c), (1 )(f). Rountree: Second. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Rountree: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. De Weerd: Okay, motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. Meridian City Council April 17, 2007 Page 49 of 49 MEETING ADJOURNED AT 10:53 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: -7~~ MAYOR TAM D WEERD ~ / It? / () 7 \ \ \ \ I I J j ~ ; J , ( I DATE APPROVED \'\\\\\C~ M'~~~ :'11/1 \' ,,(.1\ <L:n' '''A'' /'" ,,\' '\ --~~. "<;"'.\\<<1, "/. ," ...'- /" A." -........ J<lI.-'" /' U-<_r-OP,PV<"Vi~(''')~'Y \, ~ ~~ S - - - t'''','' "L :: i, _ r c ~K .'-'_."" cPJ J ~.,.O ~r- 13\ . "" .0 { '/ -- 'to-..;:' ..::- "-" rO ......,' " /, DuN ..,..,..." '//.' \' 'il '1'<. \,\ III ,\' //111111:\\\\\'