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HomeMy WebLinkAbout2007 07-03 Meridian City Council Meetina July 3.2007 A meeting of the Meridian City Council was called to order at 7:03 P.M., Tuesday, July 3, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, and David Zaremba. Members Absent: Joe Borton. Others Present: Ted Baird, Will Berg, Anna Canning, Kyle Radek, Tracy Basterrechea, Bill Johnson, Will Thornton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba 0 Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. I'd like to welcome you to tonight's City Council meeting. It is Tuesday, July 3rd. It's a few minutes after 7:00. We will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item NO.2 is our pledge of allegiance. If you will all rise and join us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Steve Moore with Cherry Lane Christian Church: De Weerd: Item NO.3 is our community invocation. Tonight, we will be led by Pastor Steve Moore with Cherry Lane Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment reflection. Moore: God in Heaven, it's a pretty amazing thought to think that you are the creator of the universe and yet you care about our individual lives and, Father, we have just pledged to be a nation with thanksgiving in our hearts that is under God. In saying that we acknowledge that we really aren't able to take care of ourselves all by ourselves, that we need you, but beyond that tonight, God, this is the eve of a very special day for us in this nation that acknowledges you as our God, that we have what we think is the best place in the world to live and we praise you for that, that tomorrow we will celebrate the fact that we get to choose where to go without permission slips to cross borders ~ Meridian City council July 3. 2007 Page 2 of 28 from state to state. We get to chOose \/Ihat to say even if i~s critical of those \/Iho have authority over us. We get to chOose \/Ihat our vocation will be and \/Ihere \/Ie \/IiII live and \/IhO \/Ie \/IiII \/IorshiP and, Father, \/Ie than\< yOU for that privilege and tomorro\/l \/Ie'lI be mindful of that. We \/Iant to be ste\/lardS of that. ,.onight it's pretty easy to be grateful _ grateful for those that serve, li\<e this courageoUS Mayor and City council of ours \/Iho are \/Iilling to put their nec\<s on the line and receive criticism in a community tha~s bursting at the seams and all\<inds of pressures. You and YOUr \/Iisdom have said that \/Ie should than\< our govemment leaders and pray for them and tonight we do that, we do that for our local city, as \/Iell as our county and our state and our federal govemment. We than\< YOU for these servants \/Iho, as near as \ can fIgure, God, \ as\< myse" whY \/IOuld they do it. ,.heY apparentlY do it because they do care abOut their community. So, bleSS their families and, God, i~S easy to be grateful tonight for the people that have given their lives and our in harm's way as policeman and firemen and military personnel in history, as \/Iell as the present, that \/Ie can have such privileges. And no\/l specificallY tonight, God, I pray for your direction for this counsel and for our Mayor, that the decisions that theY ma\<e really will be for this community to be better and we give YOU the praise in advance for that and \/lith gratitude \/Ie do say tonight and as\<, please, God, blesS America, blesS IdahO, and blesS Meridian, in JesUs' name, amen. De Ween!: ,.han\< yOU, Pastor Moore. We appreciate YOU joining us tonight before a specia\ ho\iday invocation. Moore: My privi\ege. Item 4: De Weerd: ,.han\< you. o\<ay. council, Item No.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Me Bird. Adoption of the Agenda: Bird: on the agenda, on the consent Agenda, Item No. G needs to be tabled to August 14th, 2007.. On the regular agenda the applicant has as\<ed that itemS 11, 12, 13 and 14 be contInued to July 17th, 2007. And \/lith that I move \/Ie approve the revised agenda. Zaremba: second. De Weerd: I have a motion and a second to approve the agenda as stated. All those in favor say aye. A\\ ayes. Motion carries. MaliaN CARRIED: ,.HREE AYES. ONE ABSEN". Meridian City Council July 3, 2007 Page 3 of 28 De Weerd: I'd like to kind of interrupt the agenda for a moment for some staff introductions. I would like to first start with introducing our new Executive Assistant in my office, Robert Simison. If you will stand up. Robert just started yesterday. So, you should be seeing a lot of him. And, then, our Director Canning has an introduction as well. Canning: Madam Mayor, Members of the Council, I'd like to introduce to you Will Thornton and he has joined us as an Associate City Planner and he will be working on the design guidelines and just think that Will is going to be a great addition to us. He comes to us from an architecture firm. We better not mention who he was supposed to be working for, we might get in trouble. So, we are happy to have him aboard. And he actually started a week ago Monday. De Weerd: Well, welcome. We appreciate you joining us and certainly it's been a long awaited addition to the planning department having an eye to design. So, thank you for joining us. Item 5: Consent Agenda: A. Approve Minutes of June 19,2007 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Denial: RZ 07- 008 Request for a Rezone of approximately 4 acres from a C-N zone to a C-C zone for Lots 1 - 5, Block 1 of the Corner at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Roy Brown - Southwest Corner of Cherry Lane and Linder Road: C. Findings of Fact and Conclusions of Law for Denial: CUP 07- 007 Request for a Conditional Use Permit to allow retail sale and service of motor scooters within the C-C zoning district on Lot 3, Block 1, of the Corner at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Roy Brown - Southwest Corner of Cherry Lane and Linder Road: D. Water Main Easement Agreement for Hastinas Subdivision by Monterey, LLC: E. Water Facilities Easement Agreement for Pinebridge Office Building by DMB Management, LLC: F. Amended Resolution No. 07-562 A: Amended To Correct Exhibit A for Public Works Rate Change: G. Tabled from June 5, 2007: Resolution No. of Records Retention Schedule: Adoption Meridian City Council July 3, 2007 Page 4 of 28 H. InteragenCY Agreement with Ada County Highway District for Transfer of Subdivision Record Drawings: I. Permanent and Temporary Easement Relinauishment for Janicek Properties. LLC: J. Agreement with the Joint School District No. 2 for School Resource Officer between the Meridian Police Department and Meridian School District: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda Item G has been asked to be tabled to August 14th and that's the only change from the published Consent Agenda and I move we approve the Consent Agenda as noted and for the Mayor to sign and Clerk to attest on all papers. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as noted. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: De Weerd: Thank you, Mr. Berg. There are no items under department reports. Item 7: Items Moved from Consent Agenda: De Weerd: No Items moved from the Consent Agenda. Item 8: Reauest to withdraw application for LOS Rezone RZ 07 ~004 by Bob Niblett of Niblett and Associates Architects: De Weerd: So, I will move to Item 8 with a request to withdraw application. Anna. Canning: Madam Mayor, Members of the Council, I didn't prepare anything for this. You have received a letter just requesting that you withdraw the application. We Meridian City Council July 3, 2007 Page 5 of 28 thought it would be better that it were on the record. So, we have put it on your agenda tonight. De Weerd: Okay. Council, any information needed? Bird: I have none. Rountree: No. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the withdrawal of Item No.8. Bird: Second. De Weerd: Motion and second to approve the request to withdraw on Item No.8. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Tabled from June 19,2007: FP 07-017 Request for Final Plat approval for 29 townhome building lots, 7 commercial building lots, and 8 common lots on 6.29 acres in TN-R and C-C zones for Harks Canyon Creek Subdivision by Franklin Centre, LLC - 1845 West Franklin Road: De Weerd: Okay. Item 9 is tabled from June 19 on FP 07-017. Counsel, we do have a letter from the applicant agreeing with the written -- staff written comments. I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 07-017. Rountree: Second. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Meridian City Council July 3, 2007 Page 6 of 28 Zaremba: I did have some discussion. I didn't realize we were moving that fast. I just wanted to make sure -- the staff comment that the applicant provide written agreement was, essentially, asked, but there was one item that the applicant wanted noted under-- I think it was paragraph 17 of the applicant's letter and I think they were referring to paragraph 17 of the conditions. That requirement is that there be no water or other standing runoff and the applicant pointed out that they do, in fact, have a water feature on Lots 20 and 21 of Block 3 and asked that that be acknowledged, so that they were not required to keep it free of water, and I would just comment that that acknowledgement needs to be included I think. Bird: I agree with it. I figured with the staff having nothing, even though that was there, that it would have been agreed upon between staff and them already, so I didn't think it was necessary to note specifically, but I do agree with it. De Weerd: Never hurts to -- Rountree: Second agrees as well. De Weerd: Okay. If there is no further discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: MFP 07-004 Request for a Final Plat Modification to remove the requirement of constructing a sidewalk adjacent to the north portion of Jericho Road and to modify the fencing adjacent to Lots 12 and 14, Block 3 as approved on the final plat landscape plan for Hiahtower Subdivision by The Land Group, Inc. - Southwest Corner of Chinden Boulevard and Jericho Road: De Weerd: Okay. Item 10 is MP 07-004. I will ask for any comments from staff. Canning: Madam Mayor, Members of the Council, no, unless you have questions. Staff felt that the proposal for the fencing and landscaping was -- met the intent of the original approval -- meets or exceeds the original intent. De Weerd: Thank you, Anna. Any questions from Council? Bird: I have none. Zaremba: I'm sorry, Madam Mayor, yes. De Weerd: Okay. Mr. Zaremba. Meridian City Council July 3, 2007 Page 7 of 28 Zaremba: I'm not clear on what portion of Jericho is being vacated. Is it not going to connect to Chinden? Canning: No, sir, it will not. De Weerd: Council requested that that be vacated when the application came through and they agreed to do it, it's been approved through ACHD, and so this is just to confirm all of that. Zaremba: Does that affect the property on the southeast corner of Jericho and Chinden? De Weerd: They have made all the appropriate connections. Zaremba: Okay. Thank you. Sorry I wasn't up to speed on that. De Weerd: You were Planning and Zoning. This happened at Council at the time. . Zaremba: Well, that's a good excuse. Thank you. De Weerd: Anytime. Okay. Anything further, Council? Rountree: Madam Mayor, I had a question for Anna. On the six foot masonry fence, that's on top of a berm, is it not? Because six foot is not sufficient to do much for noise. Canning: The way the standard reads is on top of a berm. I can pull the file and verify it if you'd like me to. Rountree: Well, my recollection in driving out there is there is a berm anyway, so I just wanted to make sure. De Weerd: Actually, Councilman Rountree, it is constructed already. Rountree: Okay. I thought I saw it there. De Weerd: Okay. Anything further? Okay. Council, do I have a recommendation? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 10, MFP 07-004. Zaremba: Second. Meridian City Council July 3, 2007 Page 8 of 28 De Weerd: Okay. I have a motion and a second on Item 10 to approve. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Item 12: Item 13: Item 14: Continued Public Hearing from June 5, 2007: PP 07-009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L-O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC - Southeast Corner of Franklin Road and Touchmark Way: Continued Public Hearing from June 5, 2007: CUP 07-008 Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L-O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC - Southeast Corner of Franklin Road and Touchmark Way: Continued Public Hearing from June 5, 2007: VAR 07-008 Request for a Variance to UDC 11-6C-3B4 which limits cul-de-sacs to a maximum of 450 feet for Meadowlake Villaae North by Touchmark of the Treasure Valley, LLC - Southeast Corner of Franklin Road and Touchmark Way: Continued Public Hearing from June 5, 2007: MI 07-006 Request for a Miscellaneous application to amend the previously approved Development Agreement for Touchmark Living Center Annexation (AZ 99-021) by amending the approved phase boundaries and various other provisions for Meadowlake Village North by Touchmark of the Treasure Valley, LLC - Southeast Corner of Franklin Road and Touchmark Way: De Weerd: Thank you. Items 11, 12, 13 and 14 have been requested to be continued to July 17th. Rountree: Are you going to open them? Bird: Madam Mayor? De Weerd: I opened them last week. Yes, Mr. Bird. Bird: I move we continue PP 07-009, CUP 07-008, VAR 07-008, and MI 07-006 to July 17th, 2007. Rountree: Second. Meridian City Council July 3, 2007 Page g of 28 De Weerd: Okay. I have a motion and a second to continue Items 11 through 14 to July 17th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Continued Public Hearing from June 19,2007: MI 07-008 Request for a Miscellaneous application to modify the recorded Development Agreement (Inst. 104107406) to remove the requirement for all future uses to obtain Conditional Use Permit approval for Gatewav Marketplace by Landmark Development Group - 3205 East Ustick Road: De Weerd: Okay. I will open up Item 15. It's a continued Public Hearing on MI 07-008, with staff comments. Canning: Madam Mayor, Members of the Council, this is the Gateway Marketplace DA modification. The applicant requests -- well, just to refresh your memory, the Gateway Marketplace is located on the southeast corner of Eagle and Ustick. Here is their proposed site plan. The applicant requests to modify their DA to remove the requirement for all future uses on the site to obtain conditional use approval. When the property was annexed there was not a specific development plan proposed, it was only conceptual, and at that time the Council placed a requirement to have a detailed conditional use approval come in for each use. Because of this -- I'm sorry. Since that time Council has approved a preliminary plat that outlines the building locations as shown here. You have discussed the access points to Eagle Road and you have discussed utilities, landscaping, and you will discuss landscaping even farther immediately atter this one. The applicant feels that because of this the CU should no longer be required. The applicant is required to submit a design review application along with each certificate of zoning compliance. So, normally, the -- only the properties immediately adjoining Eagle Road would be required to submit for design review, but through the course of this project that requirement has been placed on all the buildings. Furthermore, since approval of the Gateway Marketplace preliminary plat, there are conditions in the DA that are now outdated due to the subsequent approvals or requirements that I have talked about. More specifically, the applicant is requesting to update the DA to reflect approved access point on Eagle Road and the location of the frontage road, which will be the extension of Allys Way. Staff was supportive of the modifications requested by the applicant. We do feel there are enough safeguards in place to get the type and quality of development that Council is looking for. I know that there are some concerns about the drive aisle lengths in getting safe access. We haven't specifically looked at the parking lot layout yet. There hasn't been a certificate of zoning compliance come in, but we will look for those pedestrian connections as part of design review at that time. We have had no additional written testimony since the staff report and to our knowledge there are no outstanding issues before City Council. I will answer any questions you may have. De Weerd: Council, any questions? Meridian City Council July 3, 2007 Page 10 of 28 Rountree: I have none. Zaremba: Surprisingly I have none. De Weerd: Wow. Zaremba: I tried to think of some, but I couldn't. De Weerd: Is the applicant here? I was just waiting for you, Councilman Zaremba. Zaremba: Thank you. De Weerd: Good evening. Thompson: Good evening, Madam Mayor, Members of the Council. Tamara Thompson, Landmark Development Group, 2462 Sunshine Drive in Boise. We have read the staff report and agree with staff's recommendation. I just have a few comments and on page six at the end of section eight they put a -- staff put a note in bold there talking about not eliminating the -- in the original development agreement in 2004 there were a bunch of Comprehensive Plan policies and specific requirements from ACHD, Meridian fire department, and the Idaho Transportation Department, and are new -- for the preliminary plat and for the variance there is new conditions from each of those agencies and some of them are confusing and contrary. So, I wanted to clean those up, but I'm okay with not, just eliminating them wholeheartedly, if we can at least clean up that if there is a conflict that the most recent rules, something like that. If -- if we could -- and maybe that's implicit, but it just seems like there could be some areas where there is some conflict. And I'm sure you all want to get out of here early, but I'd be happy to give you an update on everything if you'd like or just leave that for another time. De Weerd: An update on everything. Rountree: Yeah, you kind of opened yourself up for that one. De Weerd: Now you have our curiosity. Thompson: Well, I just thought you might like to know timing on where things are. If you want me to continue I will. De Weerd: Uh-huh. Thompson: Una Mas, which is the property to the east of us, has entered into a development agreement with ACHD and they have gone out to bid, those bids have been accepted, and I have talked to their contractor, which is going to be American Paving, and they are planning on starting in the next week to construct that backage road. We have a side agreement with them where we are paying our share of that road Meridian City Council July 3, 2007 Page 11 of 28 to Una Mas directly and we are not part of the development agreement that they have with ACHD. So, that road is going to be going in shortly. Unfortunately, it dead ends at the quarter mile point. It's not -- it doesn't go any further there, because that runs into the Redfeather -- where Redfeather is down below there. So, this all -- with the development agreement Una Mas is acquiring the surplus property that ACHD has here, so they are -- they are building the road and part of that they have where they have acquired the surplus property and, then, there is all their property here. So, that road will come down to that point at this time. As far as the rest of what we have going on here, we have two ownerships, Jim Kissler with Norco has the five and a half acres at the bottom and, then, another development group out of Scottsdale, Arizona, has the northern balance and you will see me again next Tuesday for the final plats on both of those. Since we have two ownerships, we are going to come back with phase one and phrase two, but you're going to see them at the same time. But we just didn't want one to hold up the other and that kind of thing. So, you will see the specific plans on these next week and we are currently -- well, actually, on Thursday we will start going out to bid and our site work, infrastructure, underground utilities, the storm drain, all that kind of stuff, and landscaping, perimeter landscaping, is going out to bid on Thursday and we hope that we will obtain a permit the first part of August and we will get started immediately. De Weerd: Okay. Any questions, Council? Thank you. Okay. This is a Public Hearing and we are right now considering Item 15. Is there anyone from the public who would like to provide testimony on this application? Okay. Anna, any additional information? Canning: No, ma'am. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A question for Anna. With respect to Tamara's question about confusion between DA requirements and, then, requirements that have come subsequent to that, do the most current prevail? Does that put you in a situation where you have to balance the previous and the new and -- how do we work through that? Canning: Madam Mayor, Members of the Council, Council member Rountree, I thought Tamara's suggestion was actually good that we have the more recent one override any that might have conflicted before, because when the original one went through we really had just a bubble diagram and there weren't very specific comments and we do run into a problem sometimes where a more generic one will make it confusing as to what to do with the newer comments. Rountree: So, help me if that's a policy direction we want to go or is that convenient for this particular application? Meridian City Council July 3, 2007 Page 12 of 28 Canning: Madam Mayor, Members of the Council, Councilmember Rountree, you approved one bubble diagram for this and vowed that you would never approve a bubble diagram again and I will hold you to that, so I think that this is an unusual circumstance, because we had so little specificity as to what was going in that -- we don't run into this problem often. Rountree: Let's hope. De Weerd: Anna, I guess I have a question. If we remove the CUP requirement, I guess do you feel comfortable for a staff level review? I have growing concerns about internal circulation in parking lots and I know I have kind of talked to you briefly about that, but do you feel comfortable by eliminating this that you will be able to assure a staff level review of how that circulation would be that cars don't back out into the circulation pattern and that sort of thing? Canning: Madam Mayor, Members of the Council, it -- the code gives me a little bit of teeth on any application. It says that circulation pattern has to make sense and be safe and reasonable. So, regardless of if there is a Conditional Use Permit, I have some ability to work with the applicant to come up with a good parking lot design. The design review standards actually have quite a bit with regard to pedestrian connections from the streets and to the buildings that gives us more tools to get pedestrian safe access. If -- I don't have a way of saying you have to have a drive aisle with no parking on it. If that's the direction Mayor and Council want to move on larger projects, I could start implementing it at a policy level, but we should probably also look at making a code change sometime in the future. De Weerd: Well, we have some great examples of poorly designed parking lots and it is private property, so it doesn't take police resources to address the accidents that happen, but I guess as we encourage pedestrian connectivity from one pad to another, those are issues as they relate to public safety and so it is a concern of mine and we can look at it at a policy level, but I guess that is one thing that a CUP somewhat provides is that opportunity to see what that internal circulation is going to look like. Canning: Madam Mayor, Members of the Council, perhaps you could -- because this is a development agreement, you could ask the applicant to bring just the internal circulation and parking to the Commission for their review. What we find on the individual CUs is that it's very difficult to address the site as a whole, because they are coming in a piece at a time and we don't see the full site plan. So, that might be an option. Or to have the applicant -- the applicant could even do a certificate of zoning compliance for the parking lot and we could attach that approved site plan to the development agreement if we wanted to maybe hold up the development agreement for a week or so, might be something to ask the applicant about that. De Weerd: I will ask Tamara for her feedback, but I do think it is something that we have to have a more detailed look at in the size of projects in front of us that we make sure they meet that -- Meridian City Council July 3, 2007 Page 13 of 28 Canning: And I'll make sure Will adds that to his list of design review items. De Weerd: Oh, thank you, Will, for being here. Council, any further discussion? Rountree: I have none. De Weerd: Okay. Thompson: Anna, can you put up the site plan, please? De Weerd: If you will, please, restate your name for the record. Thompson: I'm sorry. Tamara Thompson, Landmark Development Group. You will see a detailed site plan next week with the final plat and I think we can get you comfortable at that point, but we definitely had requirements in our preliminary plat for different drive aisles that couldn't have backup movement into them and those specifically were in this area right here we couldn't have any cars backing up. This whole drive aisle there, no cars backing up, and, then, let's see, we have in this area -- from this entrance here going forward, this whole area, and here to get to there and the same thing -- we have a few right there, but, then, the rest of it in this area, which we could -- we could look at that if that looks problematic to you, but we definitely have this getting out to here and, then, we have -- we have cross-access with Una Mas to get to Allys Way to get to the traffic signal also, which is why these connection points -- well, this one specifically was to not have any backup traffic into that. So, we do have some areas where -- where those were conditions in the preliminary plat and you will see those next week with the final plat, but -- I mean we will work with staff on that internal -- we have a whole internal pedestrian plan also that I think staff and Council will be very happy with and I'd just like to not have to come back for every single little building. It seems like that would be piecemealing it where we can look at it more as a project whole. De Weerd: Well, I'm not opposed to decreasing layers, I just wanted to know where the appropriate common place is and in making sure that the parking lots we get don't have a drive-thru exit right by a stop sign and, you know, that you have to back up to go around a center island, because it's right in the middle where you're supposed to get out onto a road and it just amazes me. I have a camera, I take it everywhere, to start taking pictures of all the dump things that have been done, but I think you get my point. Thompson: I do. And I can appreciate that and we -- this particular owner doesn't sell, he retains ownership, so he's very concerned with the operations at the center. De Weerd: Okay. Well, we look forward to seeing the final plat. Thompson: Thank you. Meridian City Council July 3, 2007 Page 14 of 28 De Weerd: Okay. Anything else, Council? Canning: Madam Mayor, I need to comment that we do not look at the internal circulation on the final plat, we only look at perimeter landscaping with the final plat. So, if Council wants to have staff evaluate that, we need to have Mrs. Thompson do a certificate of zoning compliance for the parking lot. De Weerd: Okay. But that's still a staff level review. Canning: Yes. De Weerd: Okay. Mr. Rountree. Rountree: No. That was my only comment. So, I think we have taken care of it. De Weerd: Okay. Mr. Zaremba. Zaremba: Madam Mayor, kind of a sideways subject, I guess, but since we have somebody to consider design guidelines now -- this is great. This particular project I remember discussing at the Planning and Zoning Commission -- with a major entryway to not only this project, but Una Mas, which is east of it, there will be quite bit of traffic viewing the backs of these buildings and I don't remember the resolution, but at Planning and Zoning Commission there was quite a bit of discussion about dressing up the backs of the buildings, which may, in fact, be what you see from the front of some of the Una Mas's buildings and I realize that isn't the issue tonight, but since we are talking about this project and it is the one that brought to that mind at Planning and Zoning, I just wanted to ask that there be some design guidelines for the backs of buildings where the public is likely to be seeing it. A lot of times they are laid out so that people aren't really driving around the back, only the trucks do, but in this case the people accessing Una Mas in particular will be seeing the backs of these buildings. So, just a design guideline for those. Thanks. De Weerd: I guess I would ask the applicant to respond if that has been a detail that has been considered. Thompson: Tamara Thompson. Madam Mayor, Mr. Zaremba -- Councilman Zaremba, those -- I believe there is specific requirements that the backs of the buildings had to have different color bands and we agreed that our truck docs would have screens on them, so that you couldn't just see, you know, the truck doc area if you were back there. One of the other things I want to talk to staff about is just how all this works. We think, you know, truck traffic is going to come here, so we are talking about potentially making this one way, so that cars coming in here won't come back that way. It's just not a safe movement when you have delivery trucks and pedestrian cars. So, we are looking at putting, you know, like a no entrance thing there where it comes in and comes this way and the same thing here where we keep them out of the backside where this is a one -----' Meridian City Council July 3, 2007 Page 15 of 28 way. But, yes, just to answer your question. I believe those are conditions that if they are not, they are definitely in the testimony that we agreed to those types of conditions. Zaremba: Thank you. De Weerd: Probably definitely another reason for CZCs on internal circulation. Okay. If there is nothing further from Council, I would entertain a motion to close. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing for Item No. 15. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Mr. Baird. Baird: Madam Mayor, before you move onto the next number of items, I wanted to mention that we spoke with the planning director and it's going to be our recommendation that you open the public hearings for each of the three variances together, since they all have the same factual basis, and take testimony and, then, close the hearing and, then, take individual votes on each one. De Weerd: Okay. Baird: I thought I'd jump in before you move to open any further hearings. De Weerd: Well, I won't get to do that until they give me a motion on -- Baird: I'm one step ahead of you. My apologies. Rountree: That's all right. Baird: My apologies. Rountree: You have to be one step ahead of this group. De Weerd: Okay. Council? Meridian City Council July 3, 2007 Page 16 of 28 Rountree: Madam Mayor, I would -- I move to approve Item 15, MI 07-008, with staff's comments specific to the DA and as a result of approving the request, require a CZC for internal traffic circulation of the applicant. Bird: Second. Zaremba: Second. De Weerd: Okay. I have a motion and two seconds. Any discussion? Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Item 17: Item 18: Continued Public Hearing from June 19, 2007: VAR 07-010 Request for a Variance to landscape the surplus right-of-way and decrease the required street buffer along Eagle Road from 35 feet to 20 feet for Gatewav Marketplace by Landmark Development Group - 3205 East Ustick Road: Continued Public Hearing from June 19, 2007: VAR 07-011 Request for a Variance to UDC 11-3B-7C2 to count existing right-of-way for Eagle Road towards the landscape street buffer width in the C-G zone for Sadie Creek Promenade Eaale Road Landscapina by Landmark Development Group - Southwest Corner of Eagle Road and Ustick Road (Sadie Creek Subdivision): Continued Public Hearing from June 19, 2007: VAR 07-012 Request for a Variance to UDC 11-3B-7C2 to count existing right-of-way for Eagle Road towards the landscape street buffer width in the C-G zone for Bienville Sauare Eaale Road Landscapina by Redcliff Development - west side of Eagle Road, south of Ustick Road (Bienville Square Subdivision): De Weerd: Thank you. Items 16, 17 and 18 are a continued Public Hearing from June 19th. I will open these three public hearings, VAR 07-010, VAR 07-011, and VAR 07- 012, with staff comments. Canning: Thank you, Madam Mayor, Members of the Council. Centrepointe Subdivision No. 1 and Centrepointe North were granted approval in June 2006 and March of 2006, respectively, for counting the adjacent ITD right of way for Eagle Road towards the landscape street buffer width. Those projects are located on the northwest corner of the intersection at Ustick and Eagle Roads. This general area. We now have -- oh. The landscape buffer was approved at 20 feet on those two applications, with 15 or more being constructed within the ITD right of way. We now have similar requests ~ Meridian City Council July 3, 2007 Page 17 of 28 from Gateway Marketplace, Sadie Creek Promenade and Bienville Square for similar reduction to the landscape buffer along Eagle Road. Again, each applicant is proposing a minimum of 20 feet of landscaping, with the remainder varying depending on the additional right of way within lTD. I'm going to address all three variances, because as stated by Mr. Baird, they do all have the same factual background to them, so rather than to repeat it three times tonight, we are doing it this way, and I appreciate you letting me do it this way. Thank you. With regard to the first finding that Council makes -- needs to make, it states that the variance shall not grant a right or special privilege that is not otherwise allowed in the district. The applicants are requesting to provide at least 20 feet, as I said previously, with the remainder provided within the ITO right of way. In all cases this is at least a minimum of 15 feet. All the applicants propose to also install and maintain the portion of the landscaping within the right of way. Staff believes that the intent of the buffer requirement will be served if the applicant landscapes the unused portion of ITO right of way, in addition to providing some of their own. Further, the width of the landscape buffer provided will actually exceed the normally required, if they are using surplus right of way. So, staff is generally supportive of these requests and believes that a special privilege will not be granted to the applicant by granting these variance requests. The second finding that Council needs to make is that the variance relieves an undue hardship because of characteristics of the site. When ITO purchased the right of way from the subject applicants, staff believes that ITO envisioned Eagle Road being wider than five lanes, but that is what is currently planned for the area with the Eagle Road corridor plan. To insure that the subject property owners are not burdened with maintaining and enhancing the surplus right of way after ITO completes the Eagle Road improvements, staff recommends approval of the subject variance. So, this is an unusual circumstance in that generally the highway district or ITO does not acquire additional right of way that they feel that they will no longer be using. The third finding that Council needs to make is that the variance shall not be detrimental to the public health, safety, and welfare. And staff couldn't find -- or staff finds that allowing the landscape street buffer variances on Eagle Road would not be detrimental to the public, health, safety and welfare. It still provides the same cross-section that's envisioned by the Eagle Road corridor plan, it just gets it landscaped and maintained. So, in each of these variance requests staff did -- is recommending approval and they added the following provisions to each of the applications: That the applicant would meet all terms and conditions of previous approvals; that the applicant provide the minimum 20 foot wide landscape buffer, and that they depict that somehow on the final plat, whether it be in a lot or in an easement; that the applicant obtain approval from ITO to landscape the surplus right of way for Eagle Road; that the landscape materials shall be generally installed as shown on their respect landscape plans and that they all be in compliance with the UOC and that the applicant shall be responsibility for constructing a ten foot wide multi-use pathway within a public use easement and that pathway needs to be constructed within the boundary of the property, not within ITO's right of way. So, moving on, to the particular requests. The first one on the agenda is Gateway Marketplace and, as mentioned previously, this is located on the southeast corner of Eagle and Ustick. The variance is for the 35 foot wide landscape buffer to be reduced down to 20 feet and also that the landscape buffer along the street be located at the subdivision boundary within a common lot or permanent easement. The applicant -- as Meridian City Council July 3, 2007 Page 18 of 28 stated before, staff has recommended approval. There has been no written testimony since the staff report and to our knowledge there are no outstanding issues before Council. The next project is Sadie Creek Promenade. It's located on the southwest corner of Ustick and Eagle and, again, the applicant is requesting a variance to the 35 foot wide landscape buffer along this road and that the -- and that that landscape buffer be shown on a common lot or an easement. Staff is recommending approval and there has been no additional written testimony since the staff report and to our knowledge there are no outstanding issues before Council. The third request is for Bienville Square. It is located on the southwest corner of Ustick and Eagle, just south of Sadie Creek. Again, the proposed development is to reduce the 35 foot wide landscape buffer and to have that shown on a lot or an easement. Staff is recommending approval. There has been no additional testimony since staff wrote the staff report and to our knowledge there are no outstanding issues before City Council. And that ends my presentation and I will answer any questions you may have. I was behind on my slide show. I'm sorry. De Weerd: Yeah. I guess I just thought Bienville was the southern one and Sadie Creek was the northern one. Canning: Yes. De Weerd: Okay. Canning: I have it wrong in my notes. I said Bienville Square twice. De Weerd: I thought, wow, I really missed something here. Okay. Council, any questions of staff? Bird: I have none. Rountree: None at this time. De Weerd: Okay. I know Tamara represents two of these applications. Would you like to provide comment? Thompson: Madam Mayor, Members of the Council, Tamara Thompson, Landmark Development Group, 2462 Sunshine Drive in Boise. We have -- I just want to be clear that I do represent Gateway Marketplace and Sadie Creek Promenade, but I do not represent Bienville. We have read the staff report and I agree with the Findings and we just -- I do have some exhibits that show everything out there I could pass out to you, if you'd like. Actually, let me just do that. Canning: I can do it if you want me to. De Weerd: You read my mind. Meridian City Council July 3, 2007 Page 19 of 28 Thompson: So, these lines are pretty faint. If you look at the Gateway Marketplace, you can see where the -- where the hatched-in area is, it's -- that's the 20 foot right of way and, then, the darker line is the sidewalk. We are going to have to move that. So, that's all within the 20 foot area. And, then, you can see the edge of pavement and clear down here at the very lower part -- De Weerd: Tamara, if you want to use the pointer. We haven't got it up yet. Thompson: I have this, actually, I can give her, if you want to put it up there, but the lower part here at this location, it's 26 feet is ITD has surplus at the lower -- the southern part and, then, up by the intersection it's 16 feet. So, we are between 36 and 46 feet and is what the landscaping is going to look like in that area. De Weerd: What I would like if I could get this up, so that the public can see what you're pointing at. All right. Thompson: Okay. De Weerd: We had a learning session, so Anna could perform this during City Council meetings. Thompson: So, it doesn't show up as well here, which is why I gave you the handout also, but you can see this very faint line on the edge, that is, actually, the edge of the pavement and the curb and in this area right here it's 26 feet for this project and up at the intersection it's 16 feet. And, then, on the other side of the road it's at least 16 feet and I believe it goes from 16 to 20 -- 20 feet on this side of the road. So, the minimum you're going to have is 36 feet of landscaping, maximum is 46 feet, and the requirement is 35 feet. And I will answer any questions or -- thank you very much. De Weerd: Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Tamara, I think this is for you. Rountree: This is for you. You indicated some measurements with respect to surplus right of way and I don't see anything in the record or in your application from ITD indicating that -- that that, in fact, is the case. Have you had correspondence with them and worked with them based on their most recent plans and designs for Eagle Road that actually should be complete or near complete? Thompson: Madam Mayor, Councilman Rountree, yes, I have. We just finished the off- site improvements on Eagle Road. If you go out there, you know, that is done and so we know exactly what's there from where our property line is to where the edge of Meridian City Council July 3, 2007 Page 20 of 28 pavement is on -- I'm sorry, on the Gateway Marketplace side, because we just finished construction there and I have talked with Kevin 5ublon about landscaping that area and he said that that is -- that's fine, we have to just submit for a right of way permit. Does that answer your question? Rountree: Madam Mayor. I guess my concern is that I -- I know they have an ultimate design and I'm not opposed to what you're asking, but I would hate to see it done only to -- hopefully within the next two or three years see the project out there that would require a portion, if not all of it, to be taken out, because of widening, median, changes, and that sort of thing. But you have included some turn lanes, as I recall -- both left and right turning movements have been accommodated with additional width, as I recall. Thompson: Yes. Madam Mayor, Councilman Rountree, that's correct. We have accommodated all of the -- for the two access pOints that we were given to Gateway Marketplace, we have accommodated for the deceleration lanes already and acceleration lanes, so those are already out of what you're seeing here. So, that 16 up to 26 feet is beyond that and the future -- right now they are telling me there aren't future plans to widen that. They won't guarantee that it will never happen, but they said that they don't have plans at this time. Rountree: Thank you. Thompson: Thank you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Question for Anna. If we do move forward with this variance -- and we don't know, because we have nothing in the record or no indication from ITD that they will go ahead work through this process and allow the use of the right of way -- we have some verbal agreements, apparently. If they choose not, are we getting into a situation where the developer, then, pits the City of Meridian against the state or vice-versa. It seems to me we ought to be hand in hand in this thing. Canning: Madam Mayor, Members of the Council, Councilmember Rountree, one of our requirements is that the applicant obtain approval from ITD to landscape the surplus right of way for Eagle Road. So, if they fail to meet that condition, basically, the variance goes away. Rountree: I understand. I have got it right here. But is that, then, a lever for the applicant to say, well, the City of Meridian said it's okay, but they want you to approve it, but they said it was okay. If we don't have anything at this hearing from them, which is unfortunate -- and I'm sure they were given an opportunity to comment, and if that is the case and they chose not to comment, I guess that's their issue. Meridian City Council July 3. 2007 Page 21 of 28 Canning: Madam Mayor, Councilmember Rountree, to be truthful, my recollection is that through the CentrePoint project it wasn't a problem and I believe that was already completed. If we had thought it was going to be an issue, we would have tried a little harder to get them to provide comment. We just saw it as -- as perhaps a relief to them that they are not responsible for landscaping and maintaining a portion of the right of way. So, we didn't pursue a lot of comment from them, but I don't think it was an issue. If you know otherwise, please, let me know, but-- Rountree: Madam Mayor? De Weerd: Yes. Rountree: Stranger things have happened. But I guess if you or Will can confirm that they were notified and had an opportunity to comment, then, I'm okay. De Weerd: In the interim does the other applicant have comment? Haggett: Madam Mayor and Council, Rob Haggett with Red Cliff Development, 3451 Copperpoint Drive. No additional comments. I think we have covered pretty much everything. I can answer any questions you may have at this time. Our final plat was approved previously. The landscape plan -- that final plat I believe did show this additional right of way and, if not, we will be amending that. Update it. De Weerd: We approved the final plat without a variance? Hum. We might have done that? She wasn't listening. Canning: No. I was. Was that a question? De Weerd: Exactly. I would like to say we didn't approve a plat with this variance noted on it, but I couldn't say that with complete confidence. And I guess if we did -- or if we didn't, they would need to come in for a modification? Canning: Yes, ma'am. What I suspect happened is that the -- we put a requirement on there that they provide the full right of way prior to signature or obtain a variance, but I can check once I get back to the office, but that is, really, the only thing that staff is looking at on those final plat applications. My staff -- all they look for is the landscape buffer, so -- and some other little things. But that's the big one. So, I doubt we missed it. Haggett: I'll answer any questions. De Weerd: Thank you, Rob. Any questions? Haggett: Thank you. Meridian City Council July 3, 2007 Page 22 of 28 De Weerd: This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Tamara? Thompson: Madam Mayor, Tamara Thompson again. I just wanted to mention one thing -- and I don't have a copy of it, but I do know that -- I don't have a copy of it with me, but my -- the staff report for our final plat is written as if the variance isn't approved, so it does talk about the 35 feet and that kind of stuff. And I did look at Bienville's also and theirs says the same thing, just to kind of clear that up. But I don't have a copy of it. But I believe that theirs was approved with the 35 foot on site and so they would need to resubmit. Then, I also wanted to add just to put it on the record that if we are denied a permit from ITD, we wouldn't do the landscaping at that point, because we know that, you know, they have jurisdiction over -- over that and it's their right of way, so they have ultimate say on that. De Weerd: Okay. Rountree: Thank you. De Weerd: If there is no further public testimony, we will wait for the response from staff. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: In the pause, I guess I would throw in some musings, I guess, I'll call them, but probably nothing that everybody's thought of already, but Eagle Road as an entryway corridor, our normal requirement would be 35 feet of landscaping. I appreciate the fact that we are not also going to have 15 feet -- if we approve these variances we would not, in addition to 35 feet of landscaping, have 15 more feet of un- landscaped right of way. I'm quite certain that ITD does not landscape surplus right of way. I guess the only hesitation I have is, though, Eagle Road, being the only street -- north-south street with a river crossing, railroad crossing, and access to the interstate for some distance either east or west and for some time well into the future, it will continue to be the only road that has that. I'm concerned that at some point ITD may come to us with a similar presentation, as they had on Chinden a couple of months ago, saying, oh, this is going to be bigger than we thought and, essentially, what we are doing by approving 20 feet of landscaping, plus an additional 15 or more within the right of way, is saying that at some point, whether it's a short-term or whether it's 20 or 50 years from now, Meridian will actually be satisfied with 20 feet of landscape on an entryway corridor, because I cannot possibly see that there will never be a time -- whether or not they make it a seven lane facility or a five lane with urban style interchanges, I think that will get used sometimes. So, essentially, what we are saying is we appreciate that it will not be bare ground now, but we are agreeing that eventually it will only be 20 feet of landscaping. I'm just commenting on that for the record. Meridian City Council July 3, 2007 Page 23 of 28 De Weerd: That's what would they agreed to. Canning: Madam Mayor, Members of the Council, to add to that thought, we have required that all the trees be within the 20 feet, so that in the eventuality that ITD does need that additional right of way, at least we won't lose the trees, if they just take their own right of way back. Rountree: Madam Mayor, along those musings, given the time line that you project, I think you're pretty optimistic, but even that being the case, in 20, 30 years, the landscaping that will be in the 20 foot area will be mature, which will have the affect of much more visual, as well as buffering than what the 35 foot would be for the first say ten to 15 years. So, I think we -- didn't address that on those previous two, but there was some talk about the idea that long term you'd probably have a significant benefit, even with 20 feet. In 50 years you might be looking at two or three different landscapings, too. You don't know what's going to happen with water and infrastructure and all that sort of thing, so -- so, do we know if ITD was notified at this point? Canning: No, sir, we don't know. We can -- I'll let Will talk. Berg: Madam Mayor, Councilman Rountree, we have our transmittal in our packet and I can only assume that it went out to all the agencies. I looked through some of the other applications. I received a Nampa-Meridian Irrigation District comment on the variance for Gateway Marketplace. So, I can only assume that we went through the whole list and sent them out to the agencies, other than what is marked for final plat and preliminary plats that are special designations. We talked about to maybe changing them and do a check-off list a little bit better, so there is assurance that they did go out, but if we sent a transmittal out, we usually send them out to the list that's on that transmittal page. Rountree: And they are on the transmittal page? Berg: Yes, they are. Rountree: Okay. De Weerd: Okay. Anything further from Council? Rountree: I have none. De Weerd: Anything further from the applicant? No further public testimony. Staff, any comment? Canning: No, ma'am. De Weerd: Okay. Council, I would entertain a motion to close the Public Hearing on Items 16,17, and 18. Meridian City Council July 3, 2007 Page 24 of 28 Zaremba: Move we close the public hearings on Items 16, 17 and 18. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 16, 17 and 18. All those in favor say aye. All ayes. Motion carries, MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion? We are going to entertain a motion one at a time, so 16, if you have discussion, we will start with that one. Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve Variance 07-010. I guess that's all we need to say. Rountree: Staff comments. Zaremba: Yes. To include all of staff comments, of course. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 16, for the staff comments to detail out each variance item that they do need. Any discussion by Council? Rountree: I have none. De Weerd: Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Thank you. Item 17. Zaremba: Madam Mayor, I move that we approve Variance 07-011, to include all staff comments. Rountree: Second. Meridian City Council July 3, 2007 Page 25 of 28 De Weerd: Okay. I have a motion and a second to approve Item 17. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 18. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Variance 07-012, to include all staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 18. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 19: Public Hearing: RZ 07-009 Request for a Rezone of 24.69 acres from 1- L to C-G zone for Jabil Southeast by Joint School District No. 2 - 1303 East Central Drive (Portion of Lot 1, Block 1, of the Jabil Subdivision): De Weerd: Thank you. Item 19 is a Public Hearing on RZ 07-009. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Jabil Southeast project. It's located at 1303 East Central Drive on the west side of Locust Grove Road, just near the overpass in the old Jabil building. And the application before you tonight is a rezone. The highlights of the proposed development include a rezone of 24.69 acres and it's the remaining portion of Lot 1, Block 1, Jabil Subdivision. They'd like to zone it C-G. It's current zoning, as shown on the overhead projector, is I-L, industrial. The Comprehensive Plan land use map was amended on April 5th of 2007, to change the designation of this property from the industrial to commercial. The rezone request is consistent with that commercial designation and it will facilitate the adaptive reuse of the Jabil building as an educational facility for ISU and for the school district. We have some photos of the existing facility for you. The Commission recommended approval at their June 7th, 2007, Public Hearing. Ed Daniels, the applicant's representative, spoke in favor of the application. No one spoke in opposition or commented. Nor was there any written testimony included with the Public Hearing. There were no key issues of discussion by the Commission and no changes to staff's initial recommendation and to Meridian City Council July 3, 2007 Page 26 of 28 our knowledge there are no outstanding issues before City Council. With that I will answer any questions Councilor Mayor may have. De Weerd: Thank you, Anna. Any questions for staff? Bird: I have none. Rountree: I have none. Zaremba: Not at this point. De Weerd: And would the applicant like to comment? Daniels: Madam Mayor, Members of the Council, Ed Daniels, 2785 Bogus Basin Road. I have no additional comments. We have read the staff report and we feel we can comply and I can certainly answer any questions should you have any. De Weerd: Council, any questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I do have one and I'm not certain whether I should be asking of the applicant or staff, but I'll ask it while you're here and we will see. And this is not actually a question about the rezone, because I'm very much in favor it, it's a question about the next step. I have been to a couple public presentations where it's been made public that the Meridian School District is selling a portion of the building to Idaho State University and I guess my question is does the building need to be replatted? Can it be sold in parts like that? Whose question is that? Daniels: Currently we have a short plat application in for the city to divide the property and the building out. De Weerd: Kind of in a condominium type of -- Daniels: Yes. So to speak. I don't know that we are doing a condo plat, it's more of a short plat. I'm not sure the differences in the two, but we are doing the short plat, not the condominium plat. Zaremba: Okay. So, there would be some recorded property split or something -- Daniels: Yes. Meridian City Council July 3, 2007 Page 27 of 28 Zaremba: That was my question. De Weerd: Anna. Canning: Madam Mayor, Members of the Council, they are doing a short plat, which is the same way you do a condo plat, but they are not condominiumizing. There is no setback requirements in the C-G, so they, basically, can have a building that comes right up to the property. They are making modifications to the structure to insure that they meet the building code standards for having a property line running through the middle of the building, so they will do a short plat, which is exactly the same as one of your final plats, except that it doesn't -- it only comes to City Council for approval on their Consent Agenda. It is not -- it does not go to the Planning and Zoning Commission. It's just a staff level review. It's, essentially, a lot split. Because this was a recorded subdivision, they had a lot in a recorded subdivision, they could do a split of that property. Zaremba: Good. Just wanted to make sure the future was possible. Thank you. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no further comment, I'd move that we close the Public Hearing on Item 19. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. If there is no discussion, Council, I would entertain a motion on this item. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 19, RZ 05-009. Bird: Second. Meridian City Council July 3, 2007 Page 28 of 28 De Weerd: Okay. I have a motion and a second to approve Item 19. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Thank you. Well, we are at the end of our agenda. We haven't set any records tonight, but -- Rountree: Close. De Weerd: -- we appreciate-- Bird: For you it's a record. De Weerd: That's because I was given time restrictions from Mr. Bird that we got out on time. I would entertain a motion to adjourn. Rountree: Madam Mayor, before I make that motion, again, I'd like to welcome our new staff to the City of Meridian. It's great to work with you and welcome new staff at the bench over there. Kyle and Tracy, it's good to see some new faces over there. Everybody must be on vacation. Thank you. Madam Mayor, I move that we adjourn. Bird: Second. De Weerd: We have a motion to adjourn. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AVES. ONE ABSENT. MEETING ADJOURNED AT 8:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~ () <~&><?e'~ MAVOR T de WEERD 1 / Ztf-/ IJ7 .\\\\\]il;:iiiii/,. DATE APPROVED \\\,'., 0";;:' i;dlltt~'r.~,'I/II/ " -{ " ."'~~' t... '>'~0 ----, ' "''''''' $'\J~"'" ~.r.~ ~~ ....... ~I'~~t>"",..; (; -l '(O"%. IL\\\'