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HomeMy WebLinkAbout2003 01-14 Meridian City Council MeetinQ Januarv 14, 2003 The regular meeting of the Meridian City Council was called to order at 7:35 P,M., Tuesday, January 14, 2003, by Mayor Robert Corrie. Members Present: Robert Corrie, William Nary, Keith Bird, Tammy de Weerd, and Cherie McCandless. Others Present: William Nichols, Brad Hawkins-Clark, Gary Smith, Brad Watson, Will Berg, Ken Bowers, Mike Worley, and Dean Willis Item 1: Roll-call Attendance: Roll call. X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: All right. I will open the City Council regular meeting on Tuesday, January the 14th, 2003, at 7:35 and we will have roll-call attendance, please, Mr. Clerk. Item 2: Adoption of the Agenda: Corrie: Okay. Item NO.2 is adoption of the agenda. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move that we add to the agenda Item 18 as the discussion on the Mill Levy Adjustment Committee and that we move -- do we move the items now or do we move them after? De Weerd: Now. Nary: I guess I would also move that we move Item 13 up to -- I guess it would be Item 6, move it ahead of the ordinances or five - Item 5. Make it Item 5. Bird: So it only comes with the Consent Agenda, because you got to follow the -- Nary: If we could just rearrange it, move Item 13 up before Item 6 and keep it Item 13 and we will move it up before Item 6, so we can take it after the Department Reports and I think that's alii had. I don't know if we had an issue about Item 3-D, if we have a report, on whether or not we stood continue that or leave it on the Consent Agenda. Corrie: Brad? Meridian City Council January 14. 2003 Page 2 of 36 Hawkins-Clark: Mr. Mayor, Members of the Council, staff has not had an opportunity to review ACHD's report, so, I'm sorry, I can't speak to that. I -- typically, we would have had a chance to review, but tonight it's - there may have been some modifications to the ACHD report that we would need to make to our findings, but I can't tell you that's the case on this, so -- Nary: I s there a ny time concern if we were to delay that 0 ne week to give you the opportunity to do that? Is there any time concern you're aware of from the applicant if we were just to continue Item 3-D to our next meeting to give you the opportunity to do that? Hawkins-Clark: I have not had discussions with the applicant about the time frame, so I do not know. Corrie: Well, you can delay it on the Consent Agenda or you can go ahead and approve it and bring it back, I mean if they find anything wrong. I believe Mrs. McKinna said she had looked at it and didn't find anything major on it, so whatever the Council wishes to do. Nary: Yeah. I guess I would not include that in my motion and we will leave that on. If there is a need to change that, I guess we can address that next week. So my motion is simply to move Item 13 up to -- ahead of Item 6 and that we add an Item 18. Bird: I second it. Corrie: Motion has been made and seconded for the adoption of the agenda with the corrections and additions. Any further discussion? All those in favor say aye. All ayes, Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve minutes of December 17, 2002 Pre-Council Meeting: B. Tabled from January 7, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 02-031 Request for a Conditional Use Permit for a Planned Unit Development for 25 single-family detached homes and 1 single-family existing home in an R-8 zone for proposed M oshers Farm Subdivision by C MD, Inc. - 895 North Ten Mile Road: C. Findings of Fact and Conclusions of Law for Approval: RZ 02- 005 Request for a Rezone of 0.8 acres from L-O to CoG zones for AnQel Park Development by Farmers and Merchants State Bank Meridian City Council January 14, 2003 Page 3 of 36 - northwest comer of North Hickory Way and East Fairview Avenue, west of North Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 02-034 Request for a Conditional Use Permit for a Pediatric Clinic on 1.22 acres in an L-O zone for Treasure Vallev Pediatrics by Treasure Valley Pediatrics - Between South Locust Grove Road and South Eagle Road on the southeast corner of East Overland Road and South Celebration Avenue: E. Findings of Fact and Conclusions of Law for Approval: CUP 02-036 Request for a Conditional Use Permit for a multi-building office/restaurant complex and Krispy Kreme drive-thru facility in an I-L zone for Treasure Vallev Business Park No.1 by Clark Development -- southwest corner of North Eagle Road and East Fairview Avenue: F. Findings of Fact and Conclusions of Law for Approval: PP 02- 024 Request for Preliminary Plat approval of 26 building lots on 17.83 acres in an I-L zone for Treasure Vallev No.3 Subdivision by Clark Development - southwest corner of North Eagle Road and East Fairview Avenue: G. Contract with HDR Engineering, Inc. for Geographic Information Systems (GIS) Preliminary Assessment Study: Corrie: Consent Agenda. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Consent Agenda as presented and authorize the Mayor to sign and Clerk attest the appropriate agreements. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: Okay. All ayes. Consent Agenda has been approved. MOTION CARRIED: ALL AYES. Meridian City Council January 14. 2003 Page 4 of 36 Item 4: Department Reports Corrie: Item No.4, Department Reports. Do we have any Department Reports tonight? Item 5: (Items Moved from Consent Agenda) Item 13: Public Hearing: CUP 02-038 Request for a Conditional Use Permit for an in home daycare in an R-8 zone by Kathv Jordan - 410 East Edgar Court: Corrie: Okay. Hearing none, we will go right into Item No.5, A and B, then, that will be item No. 13. So at this time I will announce that we do have a letter from Mrs. Kathy Jordan that she is no longer -- she is withdrawing the application for a Conditional Use Permit for my home at 410 East Edgar Court, therefore, the Public Hearing is moot at this point, since there is no Conditional Use Permit. However, she has stated that she would -- is going to have the accessory use permit that she had before granted in 1997, that she still can have five children. So we will have the code enforcement officer make sure that there is no more than five children at that address tomorrow morning. I believe Mr. Nary had some comments, too, with this. Mr. Nary. Nary: Mr. Mayor, the only other comment I wanted to put on the record is that there have been some reports by the City Code Enforcement Officer in regards to the code violations that have occurred in regards to the use of this property during this time. That has been reviewed by our prosecuting agency. I wanted to clear up, because there is some misunderstanding as to why criminal charges at this juncture haven't been filed. Part of the reason was -- and that there was some discussion at the Planning and Zoning Commission -- is that because it was approved by the Planning and Zoning Commission, the prosecuting agency was waiting to see what this body was going to do, because filing a criminal prosecution charge that won't go to court for three or four months on an action that occurred in December that's approved by this Council in January, if that's what's to happen, wouldn't have much appeal towards a criminal prosecution case any longer. So that was the reason for the delay. There was some misunderstanding why this delay had occurred, but that's what was the reason for it, they were waiting for this body to take action. So now, again, we can take a look at it and make a decision on whether to proceed the violations that have occurred and, certainly, any further violations, as the Mayor stated, in regards to whatever permits are -- if any, are allowed at this juncture and we can decide to deal with that, again, with our code enforcement person for criminal prosecution. But I just want to make that clear, because I think there was some misunderstanding why that hasn't happened and it wasn't for any other reason than that they were waiting for this body to act, since the Planning and Zoning Commission approved it. So that's it. Corrie: Okay. So, unless you would like to stay for the meeting, we will not have 13 and the Public Hearing, but we'd like to have you stay anyway. If you have a mass exodus, we understand. But that's part of the process of the City Council. We get to stay and you don't have to, if you don't want to. Mertdian City Council January 14, 2003 Page 5 of 36 Murray: Can I ask something? Bird: Yeah. I'll let -- yeah, go ahead. I mean we want to make sure you understand. Yeah. Come up here and just ask the question. Murray: I just wonder if -- Nary: State your name. Murray: Oh. Debbie Murray and I live at 455 East Edgar Court. I live across from Kathy. I'm just wondering that she's not following the laws on this the whole way through, I mean through the permits and all that, what is to say that the lord -- or the lord -- the code enforcement officer, when he goes there tomorrow, there is five children, and the next day she has her regular 12 back, what are we supposed to do about that? Corrie: Let us know. We will check. Murray: Just check? Corrie: It's not just a one day shot at this. We are very aware of what's she's done and so we want to make sure that she follows the rules and if she doesn't, then, we can cite her as we go along and the code enforcement officer has that authority now to do that, so I'm sure that there is enough people around that would be happy to give us a call. Murray: One more question. I'm pretty naive with this. I have never been here before at all. I voted for a lot of you, but I have never been here before. Corrie: You're always welcome to come back. Murray: Sorry. Is this to mean that Kathy is going to have her day care now? I mean does this go on again or will we be notified and -- Corrie: We don't know for sure if that accessory permit is still valid. Murray: Okay. Corrie: So we will look at that. If it's not, then, consequently, she can't do that, but we don't know yet. Murray: But she's been doing it without -- Corrie: I know she has. Nary: And the permit allows only five. Mertdian City Council January 14, 2003 Page 6 of 36 Murray: Okay. And that's the whole thing with the criminal -- I don't want her arrested or anything, but I just don't want it there. So thank you for your lime. I appreciate it. Corrie: Okay. Thank you very much. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess we could -- if the neighbors are interested in follow up, they can contact the Planning and Zoning Department and they can let you know what -- if the accessory use and that she can still watch five children or not. And, Brad, so you don't get calls tomorrow, how long do you think that that -- when do you think you might have an idea? Hawkins-Clark: I would say before noon there will be contact made by our code enforcement officer with the -- with Mrs. Jordan. So if -- certainly, if there are calls, the phone number is 884-5533 and we will have an update -- yeah, it certainly is available, but we will have an update, you know, if people are interested. But the clarification is that the Conditional Use Permit is withdrawn, so that at this point we are -- we will be looking into the accessory use permit I think through the attorney's office and, hopefully, get a ruling on that soon. That is, in part, depending on their schedule and how soon the city attorneys can determine if, indeed, that accessory use is valid from '97 when it was first issued, so -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, would it also be possible -- Mrs. Jordan is operating under an assumption, because of the discussion at the Planning and Zoning Commission meeting, about that accessory use permit and it probably would be reasonable and fair to at least put her on notice that that's being evaluated as to whether or not it is still valid. So that she doesn't get -- I recognize the people in t his room would say s he's continued a nd that hasn't made a difference to her anyway, but I think from the city's perspective, it would probably be fair to at least advise her that you, as well as the city attorney, is at least trying to determine whether or not that's still valid, as she believes it is, and that we will let her know that. Hawkins-Clark: Certainly. We will do that. Item 6: Ordinance No. RZ 02-003 Request for a Rezone of 4 acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: Mertdian City Council January 14. 2003 Page 7 of 36 Corrie: All right. Thank you very much. All right. All right. The next item on the agenda is Ordinance No. 03-995. This is a request for a rezone of four acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church, 2511 West Cherry Lane. At this time I would like to have the City Clerk read Ordinance No. 03-995 by title only at this time. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 03-995, an ordinance finding that the owner Cherry Lane Christian Church for certain real property has made a written request for rezone of the zoning classification to real property that lies within the boundaries of the City of Meridian from R-4, Low Density Residential District, Zoning District, to L-O, Limited Office District, as defined under Meridian City Code, Section 11-7-2G, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Corrie: Okay. You have heard the reading of Ordinance No. 03-995 by title only. Is there anyone from the audience that would like to have this read in its entirety? Hearing none, I will entertain a motion, then, for Ordinance No. 03-995. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve Ordinance 03-995, a request for a rezone of four acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church, 2511 West Cherry Lane, with suspension of rules and for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the request for a rezone for Ordinance No. 03-995. Is there -- with suspension of rules, any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll - Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Ordinance No. 03-955 is approved. MOTION CARRIED: ALL AYES. Item 7: Ordinance No. RZ 02-004 Request for a Rezone 0 f 8 .2 a cres from R -8 to C -G zones for Murdoch Subdivision No.2 by Howell Murdoch Development Corporation - west of South Locust Grove Road on East Watertower Street: Meridian City Council January 14, 2003 Page 8 of 36 Corrie: Next is Ordinance No. 03-996. This is a request for a rezone of 8.2 acres from R-8 to CoG zones for Murdoch Subdivision No. 2 by Howell-Murdoch Development Corporation, west of South Locust Grove Road on East Watertower Street. At this time, Mr. Clerk, would you read Ordinance No. 03-996 by title only? Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 03-996, an Ordinance finding that the owners John Flaherty Construction, Inc., Sturgon Rockland Group, L LC, a nd Howell-Murdoch Development Corporation for certain real property, have made a written request for rezoning of the zoning classification for real property that lies within the boundaries of the City of Meridian from R-8, Medium Density Residential District -- Zoning District, to CoG, General Retail and Service Commercial District, as defined under Meridian City Code Section 11-7-2K, repealing all ordinances, resolutions, orders, or parts thereof in conflict herewith and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Corrie: Thank you. You have heard the reading of Ordinance No. 03-996 by title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, I will entertain a motion on the request for 0 rdinance No. 03-996 by Murdoch Subdivision No.2. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve Ordinance No. 03-996, a request for rezone of 8.2 acres from R-8 to CoG zones for Murdoch Subdivision No.2, west of South Locust Grove and East Watertower Street, with the Mayor to sign and the Clerk to attest and suspension of rules. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance No, 03-996. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll - Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 8: TE 02-008 Request for a Time Extension on the Final Plat approval for Soarrowhawk Subdivision by Sitzlar Real Estate Development - northeast corner of N. Nola Road and E. Franklin Road: Corrie: Item No. 8 is a request for a time extension on the final plat approval for Sparrowhawk Subdivision by Sitzlar Real Estate Development, northeast corner of Meridian City Council January 14, 2003 Page 9 of 36 North Nola Road and East Franklin Road. At this time I would like to have staff comments for the request. Hawkins-Clark: Mr. Mayor, Members of the Council, the request before you has been submitted by Hubble Engineering with a December 10 letter from Andrea McCarty. The subdivision is outlined in bold there on the north side of East Franklin Road. The City Council did approve a plat for that ground one year ago and they have submitted the extension request within the ordinance deadline and they are requesting a one - year extension. The letter states that it's due to construction issues, ACHD right of way policy changes, and financing issues. Since it is the first time extension request, staff is not opposed to the extension. Corrie: Okay. Thank you, Brad. Any questions of staff? Is the representative here this evening? If you would like to make any comment, you certainly can. Okay. All right. Council, any questions of -- all right. Any discussion on the motion? I'll entertain a motion, then, for the request for a time extension on the final plat approval of Sparrowhawk Subdivision. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of TE 02-008, request for time extension on the final plat approval for Sparrowhawk Subdivision by Sitzlar Real Estate Development at the northeast comer of North Nola Road and East Franklin Road, for the extension to be until January 13th of 2004. Bird: Second. Corrie: Okay. Motion has been made and seconded for the time extension for Sparrowhawk Subdivision. Any further discussion? Hearing none, all those in favor say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. Item 9: FP 02-029 Request for Final Plat approval of 37 building lots and 6 other lots on 9.23 acres in an R-8 zone for Baldwin Park Subdivision No.2 by Capital Development -- north of West Ustick Road and east of North Linder Road: Corrie: Item NO.9 is a request for a final plat approval of 37 building lots and six other lots on 9.23 acres in an R-8 zone for Baldwin Park Subdivision No. 2 by Capital Development, north of West Ustick Road and east of North Linder Road. Brad. Hawkins-Clark: Thank you, Mayor, Members of the Council. The application here is the second phase of Baldwin Park Subdivision on the east side of North Linder Road. Meridian City Council January 14. 2003 Page 10 of 36 Phase one was approved a few months ago and is shown there on the south side of the entry road, which they have called Monument Drive. Phase two is proposed here on the north side of Monument. And here is a look at more detail on the final plat request. The staff has submitted a memo dated January 9th that makes several recommended conditions. T here are 37 single - family lots and six 0 ther lots. They have a gross density of about 4.6 dwelling units per acre in this particular phase. Staff has reviewed it. It is in compliance with the preliminary plat that Council approved. I did list in the report a couple additional considerations. One is the Linder right of way. As you know, the right-of-way issue is with the Highway District and whether or not they will or will not buy right of way. In this case, as I understand from the applicant, the Highway District is going to purchase the additional right of way that they need, since the purchase and sales agreement was already in process before the resolution at the Highway District was in place. So as with phase one, it's the same with phase two, and they will be buying that. So that additional consideration is taken care of. The plat will remain as it was shown. There won't be a need for an additional lot. The second additional consideration I had put in there was the emergency access and here in the northwest corner of the lot, a portion of Lot 16, the preliminary plat did require an emergency ingress and egress -- or, I'm sorry, emergency temporary access there, There was some discussion that North Clearbrook Avenue may be able to be constructed, because Cobblefield Crossing is a pproved to the north of this subdivision a nd they may have been able to connect Clearbrook, but the applicant did say today that the timing was not going to work there, the Cobblefield developers, CMD, was -- is looking more like July for their development a nd so Capital Development did not want to wait f or that time period. So they will construct, as required, that emergency secondary access there, Other than that, I think you have -- you have received comments from Briggs Engineering, Steve Arnold, that were a response to our recommended conditions and they have stated they will comply with all of them. I think the only changes on Item No, 7, that deals with the landscape plan and the fencing and staff had suggested that that north boundary, that the fence be a five foot picture frame fence that would match the one on Linder Road and Mr. Yorgason has stated that they would prefer that to just be a dog eared cedar that would match the south boundary. So staff has no problem that. So should you move to approve this tonight, just modify that Item 7-A, the proposed wire fence, etc., is not approved and should be replaced with a solid fence. Period, And, then, you could just strike the last part of that condition. I think that would take care of that. That's alii have. Corrie: Okay. Any questions from Council? Is the representative for Baldwin Park here? Name and address, please. Yorgason: Sure. My name is Dave Yorgason with Capital Development. The address is 6200 North Meeker Place in Boise. We agree with staff comments. Appreciate the fine report. I'm not sure just the one clarification -- I would like to ask for a couple items of clarification. First of all, with regard to the emergency access road, our plan is to build that. I believe it has been approved by the staff. It could be gravel. It doesn't have to be asphalt. It could be a gravel surface for the width for the fire truck status -- or standards. One question we do have is we are hopeful that once the pavement does Meridian City Council January 14, 2003 Page 11 of 36 connect all the way through the Cobblefield Crossing Subdivision, that we can come back later and modify that gravel surface to be more -- we will still have the five foot concrete pathway to connect out to Linder, but the balance would be a nice grass surface, as opposed to just gravel all the way out. That would be one of our requests, It would be a little bit nicer look for the homeowners, too. And, then, I'm not sure if staff addressed it, but it was in Condition No.3, I just want to have a clarification regarding pressure irrigation. Due to the timing of our construction, we do plan on building a pressure irrigation system that will be approved by the city, but I believe there is a question about approved and pressurized or activated, I believe is the word in the condition. And staff may be able to provide additional comments. We are hopeful that the word activate could be removed from the condition, but certainly an approved system, we still plan on doing that. Other than that, we don't have any other comments or questions and stand for any questions you may have of us at this time. Corrie: Brad, do you have any comment on the request? Hawkins-Clark: Mr. Mayor, Members of the Council, we were just looking at the easement there and there is a 20 foot City of Meridian sanitary sewer easement that is in that diagonal lot there, so, of course, we do not allow trees to be planted within our sewer easements. So, certainly, a grass area -- sorry, Dave. If you wanted to put a nice ground cover, that would be acceptable. Yorgason: Grass is acceptable. Corrie: Very good. Any other comments? Brad? Okay. Council, any questions? Bird: I have none, Mayor. Corrie: All right. Thank you. Okay. Any other discussion on the request for final plat on Baldwin Park Subdivision? If not, I will entertain a motion. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the final plat approval of 37 building lots and six other lots on 9.23 acres in an R-8 zone for Baldwin Park Subdivision No. 2 by Capital Development, north of West Ustick Road and east of North Linder Road, with all staff comments, including 7-A, the wire fence no longer being in there, and Item No.3, the pressure irrigation system, and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the final plat motion. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Meridian City Council January 14, 2003 Page 12 of 36 Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Request for final plat approval is approved. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from January 7, 2003: CUP 02-033 Request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc. in an O-T zone for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: Item 11: Public Hearing: VAR 02-016 Request for a Variance from the Parking Ordinance and Landscape Ordinance for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: Corrie: Item No. 10 is a continued Public Hearing from January 7th, 2003. It is a request for a Conditional Use Permit to open a retail s hop for children's gently used clothing, toys, etc., in an O-T zone by Johann and Rachael Kretzschmar -- well, I didn't get too far off. So at this time I will open the - I know there is another one. Do we want to put them all together for the variance? Okay. And I will also open the Public Hearing for the request for a variance from the Parking Ordinance and Landscape Ordinance by the same couple. Okay. At this time I will open the Public Hearing and have staff comments. Hawkins-Clark: Thank you, Mayor, Members of the Council. Just for clarification, the Item No. 11, the variance, if it's not approved, the Conditional Use Permit, obviously, would not be able to be approved, so just in terms of order of business. Corrie: Right. We will do it that way. Okay. It saves time in who wants to get up and talk. Hawkins-Clark: Okay. Well, I will hit both of them now, then. The subject lot is here on the north side of Pine Avenue and that should actually be -- yeah, East Pine. That's correct. A nd Main Street. The city parking lot is 0 n the south side 0 f Pine A venue immediately across the street, just for orientation. The zoning is Old Town. Here is an aerial photo of the property with Pine 0 n t he south s ide of t he photo a nd the house setback with a detached garage on the rear. There is an alleyway on the north side of the property. Here are some existing site photos. T he one on t he left is looking -- looking west down the alley and the garage that is a part of the variance request coming up is here. The right-hand photo is a shop from Pine Avenue looking at the house. The proposed use for the property is to convert the residence into a retail store and the property is -- does have a sidewalk on Pine Street and, as mentioned, there is a large landscaped grass area in the front. They have a proposed new street sign here on the Mertdlan City Council January 14. 2003 Page 13 of 36 property. The layout of the site is shown here. Again, the alley is on the bottom of the site plan here and what they are proposing is for a handicapped parking space to be here on the left-hand side and for an employee parking space to utilize the garage here. The reason for the variance is, of course, the -- two things. One is the parking and they do not have adequate parking shown on their site plan. They are proposing the variance to just stay with the parking as shown here, with one handicapped and one employee space. As you know, Pine Street does have the potential for on-street parking and, as mentioned before. You have the city parking lot to the north -- to the south. Staff did review this and we have -- we have recommended approval of it. This kind of begs the whole question that the Meridian Development Corporation is looking into as far as parking in downtown and how much redevelopment is appropriate before adequate off-street parking is found. Should the city use the city parking lot as a reason for a variance every time? Probably not. In this case, since the property is immediately adjacent to the parking lot, probably a better likelihood of using that as a case for the variance. The smaller square footage of the retail operation is maybe another reason to grant it. The findings we feel are made for the variance and we have outlined those in our report. The other portion of the variance request is for the landscaping and, frankly, this is just an area of the ordinance that doesn't work well with Old Town redevelopment, because it really geared more towards our outlying fringe areas where you have a little more intensive uses. The ordinance does require between a retail use and land -- and single family residential, a 25 foot buffer and, of course, they are going to really only provide about five. So the request is to reduce that as well. So the Planning and Zoning Commission, you have their recommendation, they did recommend approval with the conditions. They have not, of course, reviewed the variance request, so that's up to you. And that's it. Corrie: All right. Thank you, Brad. Any questions of the staff? Bird: I have none. Corrie: Okay. Well, the applicant's here tonight, so, Johann, you're the one that's going to get to talk? Kretzschmar: Yeah. My wife wants to sit down. Corrie: Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Kretzschmar: Yes, sir. Corrie: Okay. Name and address, please, for the record. Kretzschmar: Johann Kretzschmar, 124 East Pine, Meridian. Corrie: Anything you want to say about your request for -- either one of those or both? Mertdian City Council January 14, 2003 Page 14 of 36 Kretzschmar: Well, of course, I'd like see them approved, but it is going to be -- it is a small business. I don't anticipate a huge impact. And at that point I think everything else is outlined inside the information you have and what we have been supplied with. No other questions at this time. Corrie: Okay. Council, do you have any questions of Mr. Kretzschmar? Okay. Thank you. This is a Public Hearing. Is there anyone from the audience that would like to issue testimony at this time? Okay. Hearing none, Council, any questions with the Public Hearing? Okay. I'll entertain a motion to close the Public Hearing on Item NO.1 0 and No. 11. De Weerd: So moved. Bird: Second. Corrie: Motion made and seconded to close the Public Hearing on Items No. 10 and No. 11 by Mr. and Mrs. Kretzschmar. All in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Let's take Item 10. This is the request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc., in an O-T zone, Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Don't we have to do the variance first and, then, the CUP? Nary: I don't know that we have to do it first. I think all he said is if we weren't going to grant it, then, there wasn't a point to do the CUP. I don't know that, technically, it makes any difference. Bird: Okay. Corrie: Either one you want to do. Bird: Well, I have no problem with passing both of them, so it doesn't matter to me. Corrie: Okay. Well, then, let's take No. 10, since it's on here first. Bird: Mr. Mayor? Corrie: Mr. Bird. Mertdlan City Council January 14, 2003 Page 15 at 36 Bird: I would move that we approve CUP 02-033, the request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc., in an O-T zone by Kretzschmar -- for Kretzschmar by Kretzschmar at 124 East Pine Street and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order, with staff comments. De Weerd: Second. Corrie: Motion has been made and seconded to approve the Conditional Use Permit for Mr. and Mrs. Johann and Rachael Kretzschmar. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Next is the request for a variance from the Parking Ordinance and Landscape Ordinance. Any further discussion? Hearing none, I will entertain a motion on the request for a variance. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of VAR 02-016, the request for variance from the Parking Ordinance and Landscape Ordinance by Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar at 124 East Pine Street, pursuant to staff comments and for counsel to prepare Findings of Facts and Conclusions of Law as required by the ordinance and decision. Bird: Second. Corrie: Okay. Motion has been made and seconded for the request for the variance from the Parking Ordinance for approval. Any further discussion? Hearing none, roll- call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion is approved for the variance for the Parking Ordinance and Landscape Ordinance. MOTION CARRIED: ALL AYES. Meridian City Council January 14, 2003 Page 160136 Item 12: Public Hearing: RZ 02-007 Request for a Rezone of 2.83 acres from R- 4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church - 428 and 506 West Pine Avenue: Corrie: Item No. 12 is a Public Hearing, request for a rezone of 2.83 acres from R-4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church, 428 and 506 West Pine Avenue. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Before we go any farther, this is the church that I attend. My wife is a member. So, Council, I'm at your pleasure. I can be fair, I believe. De Weerd: Will you benefit financially? Bird: Oh, you bet. (Laughter. ) Nary: Donations. De Weerd: I don't think there is a conflict. Corrie: Council, can you see any conflict, for the record? De Weerd: I don't have a problem. Nichols: Mr. Mayor, Members of the Council, just because I know what a cold record looks like, the record needs to reflect that Councilman Bird was joking when he said he would benefit. Bird: Yeah. Corrie: Thank you. De Weerd: Just note everyone laughed afterwards. Nary: I don't know that I perceive any conflict either. If Mr. Bird is comfortable with -- Bird: I'm comfortable. Corrie: Since everybody is comfortable, Mr. Bird, you may vote on this one. Bird: Okay. Thank you. Meridian City Council January 14. 2003 Page 17 ol36 Corrie: At this time I will open the Public Hearing and staff's comments first. Hawkins-Clark: Mayor, Members of the Council, the request is for a rezone to Limited Office. That, essentially, is going to more accurately reflect the use of the property as a church facility. The current designation is R-4. The Comprehensive Plan for the city did show this smaller parcel on the west boundary to be residential and, then, the other two parcels to be quasi-public. Staff feels that the rezone to L-O would still comply, since the existing use and 0 wnership is by the church. So, the Comprehensive Plan was reviewed in that manner and our staff report discusses that a little bit more. In many ways, this is a just clean-up request to get the zoning to match the existing use. City Planning and Zoning Commission did recommend approval and staff does as well. Corrie: All right. Thank you, Brad. Any comments or questions? Okay. Is a member of the Meridian First Baptist Church here? Okay. Raise your right hand, please. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Touchstone: It is. Corrie: Name and address, please, for the record. Touchstone: My name is Justin Touchstone, 400 West Farma" Way in Kuna, Idaho. I'm a member of the Meridian First Baptist Church and, as the staff said, this is basically a clean - up of our existing property. We did purchase the property to the west in the last few years. Our goal for the church is just -- we are growing, we are going to have to expand, and this kind of just clears the road for future remodels and additions onto the church. I'll stand for any questions. I don't want to keep you guys too late, so - I know how these things go. Corrie: Okay. Thank you. Any questions of Council? Okay. Thank you very much. Since this is a Public Hearing, is there anyone else from the public that would like to issue testimony? Okay. Hearing none, Council, do you have any other questions on the Public Hearing? Bird: I have none, Mayor. Corrie: If none, I will entertain a motion to close the Public Hearing on the Meridian First Baptist Church. Bird: So moved. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? All those in favor say aye. Opposed no? All ayes. Motion carried. Meridian City Council January 14, 2003 Page 160136 MOTION CARRIED: ALL AYES. Corrie: Any further discussion on the request for rezone? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for rezone of 2.83 acres from R-4 to L-O zones for the Meridian First Baptist Church and to ask the attorney to draw up the appropriate Findings of Fact and Conclusions of Law and Decision of Order. Nary: Second. Corrie: Motion has been made and seconded to approve the request for a rezone by the Meridian First Baptist Church. Any further discussion? Roll - call vote, please, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: Okay. Motion is approved as requested. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: RZ 02-006 Request for a Rezone of 0.85 acres from I-L to 0- T zones for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: Item 15: Public Hearing: CUP 02-037 Request for a Conditional Use Permit for a two classroom center serving young children and families, and a 400 square foot community meeting room for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: Corrie: Item No. 13 is -- we had first, so we will go to Item No. 14 and 15 -- is a Public Hearing. Item No. 14 is a request for a rezone of 0.85 acres from I-L to O-T zone for Meridian Head Start by Friends of Children and Families, Inc., 321 and 333 West Broadway Avenue. And also I will open the Public Hearing on the CUP request, excuse me, for a two classroom center serving young people and families, and a 400 square foot community meeting room for Meridian Head Start. At this time I will open the Public Hearing on both 14 and 15 and staff comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. Item No. 14, the rezone request, the property is currently Light Industrial, as shown on the map. It is bounded on both the east and west by existing Light Industrial zoning. I believe most of the Council Members and certainly the Mayor are aware there is numerous nonconforming Meridian City Council January 14, 2003 Page 19 0136 uses on this side of Broadway adjacent to the railroad tracks. Industrial zoning put in place, in part, certainly because of those railroad tracks and over the years have found many homeowners looking to continue their existing residential operations, at the same time, there are a handful of industrial - existing industrial uses as well. The north side of Broadway does have residential and Old Town -- or, I'm sorry, just residential zones. The request here is to rezone to Old Town. The Comprehensive Plan was amended, as you know, a few months ago, to show an Old Town designation to 4th Street. So the property here is just barely within what is shown in the Comp Plan for a westward expansion of our Old Town area, so the Old Town request does fit with the Comp Plan in that regard. There a re two I egal tax parcels involved here. The 4th Street that's shown here has been requested to be vacated by the Highway District. It's not constructed as a roadway today, but the Highway District does have it as public right of way. So, the request is before them to vacate that. Here is an aerial shot of the properties. The Rutledge Lateral does course the southern boundary here. Last week the Council did review a request for a variance for the tiling of the Rutledge further to the west and that was granted. The Rutledge is also not tiled here in this location. That was brought up at the Planning and Zoning Commission hearing and the Commission recommended that the Council grant a waiver, since it is a Conditional Use Permit, rather than a formal variance. So that would certainly need to be discussed as part of your motion tonight. There are residential properties here on the east and west sides. The proposal is to -- to remove the existing structures and construct a new facility for Head Start. The existing house that's there is right here on the left-hand side. That's right. I forgot to set up the overhead. I'm sorry. Probably don't want to take the time. We had an old site plan that was in our Powerpoint tonight. I just noticed that earlier. I was going to set up the overhead to show you a more accurate picture, but I believe what you have in your packets is correct. Do you have access to the site plan there on your machines? Bird: I believe so. Hawkins-Clark: It will take about four minutes to set up the overhead, if we wanted to do that, but let me go back here, just to show -- to the map. Essentially, what they have shown is to have a sidewalk constructed across West Broadway and, then, their new facility would generally be located here in the center of the two properties and they would have a playground area behind the building here to the south and some parking would be here on the east boundary. They would access the property with a new asphalt driveway that would come here along the east boundary and, then, the parking would be just behind the building here kind to the southeast with a turn around. The Commission did, of course, recommend that fencing be constructed back there, because of the lateral and the kids playing and things like that, so that would -- that was a recommendation from the Commission. So, if you like, maybe while the applicant is giving testimony, if you want me to put it up, I can. Corrie: Okay. Is there anything else, Brad? Hawkins-Clark: That's it. Meridian City Council January 14, 2003 Page 20 0136 Corrie: Okay. Is the applicant here? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Landry: Yes. Corrie: Name and address, please. Landry: Lewis Landry. My address is 4709 Camas in Boise. Mr. Mayor, Members of the Council, staff, first, I'd like to thank everybody for the graciousness we have been shown throughout. Staff did excellent work and it was extremely helpful, so I was impressed throughout with the process. And, also, the incredibly good work of the City Clerk's office, notifying us and getting things to us electronically, etc., is very -- extremely helpful. We are incredibly pleased to have this opportunity and we really appreciated the favorable recommendations from Planning and Zoning and think that we could be a wonderful addition to your city. I'd like to note that in our application at Planning and Zoning we had several neighbors come in support and were in the audience and very few came up to speak, but they were in support and we had, obviously, quite a bit of correspondence and I think the only technical point I'd like to mention, in terms of the 4th Street extension there, the ACHD road, we learned in the process of application from our next door neighbor, Mr. Thompson, Jim Thompson, that, you know, that is a 30 foot right of way and in 1961 ACHD did vacate 15 feet of it on his side of the property, so they had already sort of given up their road back in -- apparently, I think, in 1961. But we still will go through the formal process of requesting the vacation of the 15 foot remaining section of a road that they never plan to build through there. One issue that was raised by a number of our neighbors and we are very appreciative of it, the many wonderful older trees on the property, we will tell you that we did have the services of a certified arborist and we have done a tree survey and looked at the trees that are diseased or a few old trees that will have to come out because of age, but there is a couple of hundred year old trees, at our estimate, that we will keep and that definitely will be a great part of the plan. In terms of the rear fencing, there is a fence there already, but there will, obviously, be one more fence. Our playground won't go to the rear of the property and our playgrounds are fenced and we have really pretty stringent requirements both in terms of securing the kinds of licenses to operate a school like this, but also for the Head Start performance standards. I will note for you all there is a 400 square foot meeting room, which will be helpful to us in the neighborhood, but also will be available and the building is designed so that that room, like you have seen in many libraries, the rest of the building can be shut off and locked, but the restrooms and that room can be open and we will certainly work with the neighbors, the senior citizens, and other groups that might need to use that and that has always been our practice. Just to give you an example, in Boise right now we host the Treasure Valley Down Syndrome Association and a number of groups like that we like to have use our facilities, because, oftentimes, they need the child care and we have the rooms there for them to use. I am the president of the neighborhood association surrounding our building in Boise. Although, I'm not living in that neighborhood, we are allowed, a sa business, to run for office a nd I help found the association, t hey were Meridian City Council January 14, 2003 Page 21 ol36 good enough to elect me president, and I only bring that up to say that we work intensively with neighborhoods and want to be a good neighborhood citizen. We know that one of the issues of our neighbors is traffic and there are many things, should that come up tonight, that you'd like to ask questions about, of how we deal with traffic. I know it's a long evening and I don't want to go on and on. I can, but I think that that might suffice. So thank you for this opportunity. Corrie: Thank you, Lewis. Any questions of Mr. Landry? Okay. Thank you. Okay. Randy Pew. Okay. Is there anyone else who would like to issue testimony? Okay. Hearing none, I will entertain a motion to -- Nichols: Mr. Mayor? Corrie: Okay. Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, one question for staff. Assuming that the road right of way is vacated, do we know if a legal description for this rezone includes that strip? Hawkins-Clark: Mr. Nichols, Mayor, Members of the Council, one of the conditions of the rezone was that a revised legal description be submitted to us 10 days prior to this meeting. I don't show -- maybe Mr. Landry can speak to that. I don't show in our records that we have a revised legal description that was submitted. But, obviously, we would have to have Public Works, you know, do a closure on that metes and bounds to make sure. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: One other question to Brad. I don't have a land use map on here, so is the Old Town zoning on both sides of Broadway in that location? So, it is within the Old Town for that portion as well? Hawkins-Clark: It is. Nary: Okay. Hawkins-Clark: It is. Nary: Thank you. Corrie: Any other questions? De Weerd: Mr. Mayor? Meridian City Council January 14. 2003 Page 22 of 36 Corrie: Mrs. de Weerd. De Weerd: I guess just a comment. Head Start has been exploring property, I think, for the last year or two and I will tell you, there is not a more dedicated person to the cause than Mr. Landry back there. He's very -- he's got a great neighborhood approach, which is probably why we don't see any of the neighbors here in opposition and works in collaboration with others and so I have been very impressed with his attempt to partner with anyone and everyone and this is a great addition to our community and I'd like to thank you for your tenacity in trying to find these sites and appreciate that you're locating this in Old Town. It's the place that it's needed. So thank you. Corrie: Okay. Thank you. Anything further? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, was that -- that ten days before, was that a condition of approval? Hawkins-Clark: Well, sorry, typically, it is ten days, but the recommendation on page two, number A-1, just states that they have a survey by a licensed land surveyor prior to this application being heard. It doesn't give a time frame. But it was part of the recommendation. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing. McCandless: Second. De Weerd: On both 14 and 15. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Item No. 14 and 15 for Meridian Head Start. Any further discussion? All in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any discussion on Item 14, request for rezone from I-L to O-T zone for the Meridian Head Start? De Weerd: Mr. Mayor? Meridian City Council January 14, 2003 Page 23 0136 Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for a rezone of 0.85 acres from I-L to O-T zones for Meridian Head Start and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Seconded by Mrs. McCandless. Any further discussion? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, does that include waiving the tiling requirement on the Rutledge Lateral? De Weerd: I thought that would go under the CUP. Nichols: Okay. Excuse me. Corrie: Okay. Any further questions? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion to approved. MOTION CARRIED: ALL AYES. Corrie: Now, the Conditional Use Permit, CUP No. 02-037. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for a Conditional Use Permit for a two classroom center serving young children and families and a 400 square foot community meeting room for Meridian Head Start, to add to the recommendation a waiver of the tiling of the ditch requirement and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Meridian City Council January 14, 2003 Page 24 of 36 Corrie: Okay. Motion has been made and seconded to approve the request for a Conditional Use Permit for Meridian Head Start. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Corrie: Item No. 16 -- Hawkins-Clark: Excuse me, Mr. Mayor. Corrie: Yes. Hawkins-Clark: I'm sorry. Just for clarification, on that -- just for the legal description, we would probably want to make sure that we get that cleaned up before the passage of the ordinance, so we will need to get that submitted to our department. De Weerd: Thanks, Brad. Item 16: Public Hearing: ZA 02.002 Request to Amend Zoning Ordinance 11-9- 2, Supplemental Yard and Height Regulations, to allow architectural encroachments to setbacks in residential developments by Wardle & Associates: Corrie: Thank you. Item No. 16 is a request to amend the Zoning Ordinance 11-9-2, Supplemental Yard and Height Regulation, to allow architectural encroachment to setbacks in residential development by Wardle & Associates. At this time I will open the Public Hearing and invite staff's comments first. Hawkins-Clark: Mayor, Members of the Council, this request has been submitted by Wardle & Associates as a zoning amendment. The application has been reviewed by the Planning and Zoning Commission. You should have the minutes and had a chance to look through them. It d id get quite a bit of discussion. I believe the a pplicant is probably prepared to go into some detail on this, so I will just hit a couple of the highlights. On the screen is a couple of the graphics that were submitted with the application and, essentially, what we are talking about is here, in many ways, a move for Meridian from a dominantly suburban type of zoning ordinance and standards to a more urban kind of approach, given the proposed changes, essentially, are going to move towards a higher density being allowed without going through the planned development process so much. They are proposing that the zoning ordinance be changed, so that that -- they and others -- other developers who are looking to go for more dense projects, do not have to go through a planned development or a variance when they want to do largely attached dwelling units, but certainly also detached Meridian City Council January 14. 2003 Page 25 0136 dwelling units in a little bit more dense projects in terms of the dwelling units. I think that's just a little bit of my read on some of the -- how this ordinance may impact the city. The changes that you're going to hear about have -- have been approved as a part of at least two applications that I'm aware of since I have been here, the Woodbridge Subdivision and Quenzer Commons or Heritage Commons, both have -- both were planned developments and they were both approved with these reduced setbacks that are being proposed here. Generally, what you see on the screen here is a proposal to reduce the front setback where you have a side entry garage on a house. So pretend these triangles are vehicles and the street and sidewalk are here on the north side and if you come in, you have a side entry garage, currently, the code says this -- the face of the garage would have to be 20 feet and the proposal is to have it be allowed to be 15 feet from -- from the front property line. Another portion of the zoning amendment that they are proposing deals with appurtenances and other types of a rchitectural design features that are seen on certain types of housing product types, particularly with porches and chimneys and bay windows and such. The example shown here is, for example, a front porch and the proposal there would be to allow an encroachment of that front porch two feet beyond the 15 - foot front setback. So if it's -- if it is designed as a feature that is allowed and defined under the ordinance, like a front porch, it would be allowed to go two feet closer to the sidewalk than would typically be required for any portion of a permanent structure. It's usually going to be at that 15. Here on the left- hand side is an example of a chimney that would have a bump out into the side yard setback, also proposed at two feet beyond the standard five. So, if you can imagine these two houses, if they were both to be provided under this new ordinance, you could potentially have a two foot bump out here and a two foot bump out on this house, leaving six foot of clearance between the two structures. So it certainly does bring them closer together. The fire department, in terms of city comment, has been -- has been the main department involved, besides the Planning and Zoning Department, and the comment that we received, dated December 3rd from Deputy Chief Joe Silva, was that the fire department requested all amendments to the required setbacks meet the minimum requirements of the International Building and Fire Codes and staff's understanding is that they do. The -- one of the main concerns, of course, with a two story is being able to get a ladder propped up against the side of the house to access a second story window and insuring that a firefighter has the appropriate space there to throw that ladder up and get in there. So that, as you may have seen in the P&Z Commission minutes, was part of the discussion there. The recommendation that we prepared does have, on page two, an exhibit, Exhibit A, and that kind of goes through the specifics of the changes and shows the strikeouts. I guess I would just point out the interior s ide column there. T he five foot per story is the current code, which would, obviously, mean a ten foot setback for two story buildings and that would mean a 20 foot separation in a standard residential subdivision today. The original application did not propose that, that was brought up at the P&Z Commission hearing. They proposed that as an additional change, that the story be struck, and that just the five foot be a standard side setback. Then, the only other change there is on footnote number nine and that shows about the side entry garages, allowing those to also be 15 feet. We already currently allow the living area of houses to be 15 feet from the front. So the Meridian City Council January 14, 2003 Page 26 ol36 proposal here is just to allow the entry garages and tack that on there. So, unless you have got other questions for me, I will stop right there. Corrie: Okay. Thank you, Brad. Any questions? Bird: I have none. Corrie: Okay. Is the applicant here? Turnbull: Mr. Mayor, Members of the Council -- Corrie: Raise your right hand, please. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Turnbull: It is. Corrie: Name and address, please. Turnbull: David Turnbull, 12426 West Explorer Drive in Boise. Mr. Mayor, Jonathan Wardle made the initial application and presentation. He did it at our behalf. He is out of town this week, so I'm sitting in for him, pinch hitting. I think Brad has done an adequate job of addressing the issue. I will just state from -- from our perspective, the reason that we have come forward with this zoning amendment ordinance is to bring some consistency to what we do in our business. Currently, we operate primarily in Meridian and in Boise markets and Brad -- I do want to make one comment, though. Brad mentioned that this was primarily attached. I think the intent here is mostly that it affect detached family residential housing. We believe that the proposals we are putting forth here will provide for more innovative architecture and land planning design. It promotes, as has been noted here, side entry garages, so with this ordinance you will see fewer garage doors facing the streets and it also promotes breaking up elevations, so instead of, you know, as we are constrained by Meridian zoning ordinance now, if somebody wants to go right up to the setback, they just have a flat side -- you know, flat sided architecture. This promotes things like bay windows, fireplace bump outs, and things that just break up the elevations and trellises and porches and things like that that we think make for more interesting and more attractive architecture. It provides some consistency for our builders who do build across jurisdictional lines between Boise and Meridian City and, like I said, you are the two big players in this valley and so it would be helpful to have some consistency there. I think -- I think on balance it provides for more attractive communities. It does comply with the International Building Code and Fire Codes and, as we said, we have had these same setbacks approved in projects that we have done, it's just been done through Conditional Use Permit and the fire department has approved those at those times, so I don't think that there is an issue there with fire safety. I think that's all my comments. I think it's fairly straight forward. If you have any particular questions I would be happy to answer them, as a builder or a developer. Meridian City Council January 14, 2003 Page 27 0136 Corrie: Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Turnbull, I guess I'm not sure if it's a question or a comment. I guess I want to hear your thoughts on this amendment. I think the properties that you develop and that Capital Development does, does exactly what you're talking about, try to be innovative, try to provide some variety of housing styles, those types of things, and you have done it without the ordinance and what I'm concemed with is that developers like yourself have brought those innovations to our community, which are a very good thing, but how does this ordinance deal with people who aren't very innovative at all? We have a few of those still and we have a few of those with the existing ordinances that I think we are sometimes frustrated by that really don't bring anything imaginative to the table or don't bring a variety to our city, but, yet, they are compliant with our ordinance. What I guess I'm concerned with is amending our ordinance to encourage change and innovation, are we providing an avenue for some of the developers that don't do that, to really end up building some of these less than imaginative homes close to the street, not really very attractive and yet they are still compliant. I mean would it be better to provide incentive to build this type of housing style, rather than simply just changing the ordinance across the board? Turnbull: Mr. Mayor, Councilman Nary, I think what we are suggesting -- and, you know, I made comment to David Yorgason outside here that the projects we have done we have gotten these setbacks approved and so why do we care about this ordinance. Well, I mean we care about the community in general and we think that by providing these tools, you're not going to force people into using it improperly, but you're going to allow for it to be used and so you provide an opportunity. I don't think that it forces anybody to do anything right, but it provides an opportunity for people to do things better. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I have the same concerns. You know, is there some way we can build this into even the planned development ordinance, you know, that this can be asked for, the reduced setbacks during that application, rather than to have a specific ordinance allowing it? I guess we want to give flexibility, but a blanket process is a little risky and I appreciate the concerns of our fire department. You know, I'd hate to see a two story blank wall, too, and five feet or, you know, 10 feet across, and I just -- Turnbull: Mr. Mayor? Corrie: Yes. Meridian City Council January 14. 2003 Page 26 ol36 Turnbull: Council Member de Weerd, is that a comment to me or a question to me or am I supposed to respond? Corrie: It was rhetorical on that. De Weerd: I agree with Councilman Nary and have you explored other possibilities to allow this kind of flexibility without going through great steps in doing it? Turnbull: Well, I appreciate your concern and I'm always interested in, you know, upgrading the feel of our communities and we felt like -- and, you know, this is just -- if I cared about it just for me, I would be -- you know, we would go through the process every time when we ask for these kind of things and you see what kind of work we do and what kind of planning we go through and so I think you can appreciate that. And so why are we doing this? Well, if a builder in somebody else's subdivision is going to have just flat architecture walls, you know, wouldn't it be of benefit for them if they were building in a developer's subdivision that hadn't gone through this process to be able to put in a bay window or a fireplace -- you know, that would, you know, project out from the otherwise flat wall. I guess I understand your concern, but I don't think that --I think that by providing these tools, you allow other builders to do more innovative things in subdivisions that you're otherwise approving just without a planned unit development, you're still going to get those kind of developments, you're going to get regular subdivisions that you're probably going to be approving, because your -- you know, it's just, I guess, part of the development process. So for those developments that don't go through a planned unit development process and don't go through the kind of planning like wed 0, you know, if they have a builder that wants to do some more innovative architecture and wants to break up their elevations and wants to add porches and trellises and things like that, I guess I don't see what the harm is in allowing them to do that. I think it's a benefit. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like to make a little statement on it. I think that passing this ordinance right now - sure, you can db it with a planned development, but we get away from the cookie cutter subdivisions that we had - Meridian had in force for so many years in Meridian, You know. You have the R-4s and bang, bang, bang. 20 feet back from the sidewalk everything, you know, build the same house. I like the idea of this. I think it's been successful in Boise. I think the couple subs that we have approved here will be very successful. And I would doubt if 20 percent of the developers want to go to this type, Maybe more, but I would doubt it. A lot of them are going to stay with the cookie cutter ones. So that gives us a variety. That's my statement. McCandless: Mr. Mayor? Meridian City Council January 14. 2003 Page 29 of 36 Corrie: Mrs. McCandless. McCandless: I agree with Councilman Bird. I think it's a very innovative thing to have in our city and I don't see that anyone is going to take it to the extreme. I like the idea. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I want to be clear. I like the idea, too. I'm just -- we have a lot of -- we have some builders, I guess, who build a lot of slock. That's a legal term. But I don't -- and I don't necessarily think this will discourage that. I mean I think we have been unhappy at times with what the current ordinance is, so I think you're exactly right, Mr. Turnbull, that -- I guess I don't see the harm. It gives a different opportunity. It gives a different variety that hasn't been there. People that aren't going to build very good quality developments, it doesn't matter what our ordinance says, we are going to have it happen with some of those anyway. So I don't think this hurts us. I don't think it puts us in a worse position. So I think it is a possible change, I guess. More so we need to look for globally at our ordinance to find ways to deal with poor quality development, poor quality design, that comes forward to us, so that we have an ordinance to be able to deal with those types of issues and that's really the problem. So I guess I don't really have a problem with this, it's more of a problem of encouraging bad behavior and giving more tools to use it, so -- Turnbull: Mr. Mayor, can I just make one final comment, unless anybody else has any more questions for me? I think what this does is you -- this only comes into play if somebody wants to add one of these features that is -- that is a benefit, like side entry garages or bay windows or trellises or porches. That's the only time it comes into play. They can't just take their normal house and shove it up five feet closer to the street, they have to do something to qualify for that, like bringing the living space forward or turning the garage to a side entry or putting in that bay window. It just makes the houses more attractive. Now, does that, you know, go all the way back to the land planning issue? No, it doesn't. But it does help. I would say even a poor land planner would benefit from this kind of ordinance by virtue of the more interesting architecture that you get in the buildings -- in the houses. So that would be my last comment. Any other -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Now, did I understand that they added the second story to that as well, that allowed the second story to be a five foot setback? Turnbull: That's correct. Meridian City Council January 14, 2003 Page 30 ol36 De Weerd: Doesn't it -- you know, we had that with our - a bonus room and things and decided it was a second story and we had to set the inside wall an additional five foot in Doesn't that encourage better architectural design by moving that wall and having it staggered, instead of one straight wall? Turnbull: Mr. Mayor, Council Member de Weerd, it could, and it depends on the architectural style. I mean some -- there are some architectural styles that really benefit from the two - story design. There are all sorts of architectural styles and, if done right, they all have their place and they all can be very attractive. So, I think it's kind of difficult to make a blanket comment on whether that's good or bad. It can be good. I think that's an effort, particularly in the R-8 zone, to bring it more -- well, from the R-4 zone. I think that was an effort to be more consistent with what we are experiencing in Boise, quite frankly. I mean that's been the - you know, we have had that requirement in, for instance, our Harris Ranch project, on both the Mill District side and the Spring Creek side and that goes anywhere from, you know, 3,500 square foot lots to half acre lots and they all have the same requirement and you drive through there and you will see a lot of variety, some with the transition setback, and some that go full two story. So, you know, I don't think that you're just going to get automatic wall to wall two story homes that have a five - foot setback by adopting this ordinance. That's not been my experience in Boise. I appreciate your comment. Now, can I sit down? Corrie: Okay. Thank you. Is there anybody else that would like to issue testimony in this case? All right. Hearing none, Council, any more information on the Public Hearing? Not hearing any, I will entertain a motion, then, to close the Public Hearing on Item No. AZ 02-002. Nary: So moved. McCandless: Second. Corrie: Motion made and seconded to close the Public Hearing. Any further discussion? All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? I would like to know how the stenographer spells that word, Mr. Nary, but -- Nary: Slock. S-I-o-c-k. Corrie: I thought you might need a little help there, so -- okay. Is there any further discussion? Now, I understand, Mr. Attorney, that a request to amend this ordinance, then, if it's amended, then, we have to have the ordinance in a Public Hearing; is that correct? Meridian City Council January 14. 2003 Page 31 ol36 Nichols: Mr. Mayor, Members of the Council, we wouldn't need a Public Hearing, we would just simply need to promulgate this into actual ordinance form and present it to you for adoption. Corrie: Thank you. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval ZA 02-002, the request to amend the Zoning Ordinance 11-9-2, the Supplemental Yard and Height Regulations, to allow architectural encroachment to setbacks in residential developments as requested by Wardle & Associates, for our counsel to prepare an ordinance and return that for reading as required by Idaho Code. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: Okay. Thank you, Mr. Berg. MOTION CARRIED: ALL AYES. Corrie: It was nice to have you all agree on the same thing. I was beginning to wonder if I was going to have break the tie and I'm hesitant to break any kind of an ordinance with just a two and two. De Weerd: Oh, shoot. We missed our opportunity. Item 17: City Council President Liaison Assignments: Corrie: Next on the agenda is City Council President Liaison Assignments. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: After sitting down and discussing department assignments with each of the Council members, it sounds like we will serve a second year with the departments that we currently hold and I didn't hear too many objections from the department heads, so we will just keep it as -- keep them as they are right now, with Mr. Bird with parks and finance, Mr. Nary with H Rand police department, Council Member McCandless with Meridian City Council January 14, 2003 Page 32 0136 Public Works and myself with the fire department, Planning and Zoning, and the City Clerk's Office. Corrie: Okay. Okay. I did -- for the press that's here tonight, I did note to Mrs. De Weerd, who is the Council president, that she does have an overview of my expense accounts and when I do something -- she said she would do that and I also would like for the Council, if any of those would like to do the same thing, they are certainly able to do so and I would like that on the record as such, so -- Bird: As Council president that's her duty -- that's one of her duties -- Corrie: That's correct. Bird: -- to counter balance everybody and -- De Weerd: Counterbalance everybody? Corrie: That's quite a balancing act. Bird: Counterbalance everybody, yeah. Corrie: All right. Bird: Just take care of itself. Item 18: Mill Levy Adjustment Committee Discussion. Corrie: Thank you. Now, we do have Item No. 18, the Mill Levy Adjustment Committee, so I -- has everybody got the mill levy sheet that we had typed up? We have asked to be a -- the letters that asked to be on the mill levy committee. We have six that have phoned in and we have some resumes in here as well. Tammy has worked up a list of individuals of organizations that have been suggested that - to date for the committee to examine our city budget situation on mill levy. So I will ask Mrs. de Weerd to comment on that. De Weerd: Thank you, Mr. Mayor. All of you did receive the last list that I e-mailed out. I guess what I would like to find out is ideas on the number of people that you would like to see on this. If we have missed any departments, if Public Works would like to have someone on it -- I know you're not a general fund department, so the impact is not as important to you. However, those of you that live in the city it is. But if -- certainly, if any of the departments that are not on this list - we have the parks represented by two members from the park commission, the fire department, the rural commission will have a commissioner represented, as well as they have a fire volunteer, I assume, that is -- Corrie: Joe? Meridian City Council January 14, 2003 Page 33 0136 De Weerd: Yeah. Joe Bongiorno. I love that last name. I haven't received the names from the Meridian Police Department. The Chamber, the school district, and Meridian Development Corporation, it is Lora Jones and not Laro Jones, as the Mayor gave me a hard time about. I have spoke to Blue Cross. I have a message in to Matt Bell with St. Luke's, but do you want someone from the senior center? Should we ask for a representative there? This is -- is this list completed, as far as you're concerned? Corrie: Does anybody want to add any to it? we are certainly willing to talk to you about it. What we will do is if everybody -- Council doesn't have a ny objection, the names that's on here when they are being submitted, we will just make it an ad hoc committee, which is do it for this and, then, we will have to be approved by the Council and this way it gives the Council -- everybody a chance to look at it. De Weerd: So we want to set the number of people -- do we want all of the citizens who have indicated an interest? I don't see why we would not do that. But we want to set parameters and there will be a certain amount of staff time. We will want to identify key staff members that can help as well. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: This key staff time with city employees, it better be done on their own time when you're going out to promote an election. I believe. I think it gets into some waters that isn't -- De Weerd: That's not the purpose of this committee. Bird: What? De Weerd: That's not the purpose of this committee. Bird: What is the purpose of the committee? De Weerd: The purpose of this committee is to evaluate our budget, our revenues, and expenditures and -- Bird: Oh. De Weerd: -- make a recommendation to Council on if it would be in the city's best interest, because of revenue or budget constraints -- lack of budget, to pursue a mill levy increase. Bird: You're right. De Weerd: And so it would not be a conflict at this point. Meridian City Council January 14, 2003 Page 34 ol36 Corrie: As long as there is no staff involved with this. Bird: What? Nary: The staff is informational, not -- De Weerd: Informational, but not serve on the committee. Right. Bird: Yeah. That's okay. Corrie: My secretary will gather any information that needs to be, so that you will have it, but it's not on regular city time. Nary: T he other thing, Mr. Mayor, too, I believe -- I have the code in front me. M r. Nichols may know. Committees that are created by legislation -- the legislative act of the Council, even by just creating a committee, are subject to the open meeting law, so the public at least will need to be aware of that and make sure they do that. Nichols: Mr. Mayor, Members of the Council, Councilman Nary is correct. If they are going to make any kind of recommendation to this body, that's -- if I recall correctly, that's the trigger point. So, yes, they would need to post an agenda and post notices of the meeting. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I also believe that by our ordinance they run under the rules of Roberts in their meetings and conducting their meeting? Corrie: Yes. Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess we would want to map out the objectives of this committee, so it's very clear up front, and I would love it if anyone had another name, other than mill levy committee, because that really doesn't adequately reflect what the duties of this committee would be. So are there suggestions on -- would you like objectives to be drawn up and come back next pre-Council and approve them before we ask this committee to meet and what do you want to call this committee? Meridian City Council January 14, 2003 Page 35 of 36 Bird: I think it's only fair to the committee that you give them a guideline of what you want and what you expect out of it. I think that's only fair. And I'm with you. Tammy. We need to do that. Corrie: That would be a guideline. You don't tell them what to do. Bird: No. No. A guideline. It is just a guideline. Corrie: Make it -- and what they are called, they can -- the committee can -- Bird: They can call themselves whatever they want. Corrie: Okay. And being an ad hoc, we do not -- we are in the process of saying or doing that either from the Council. Bird: Call Tammy. Nary: And I would concur, though. I think probably mill levy is not the most appropriate, because that's really not the focus, so we may want to -- in coming up with some of the purposes for the committee and the objectives that they have, we can at least provide some suggestions, so that way when we call and contact these folks, we have something to refer to. Revenue analysis. Blue ribbon committee. I think that's -- is that something we want to have those guidelines within a week, two weeks, something like that? Bird: Yeah. Nary: And have that discussion at pre-Council. Corrie: And I will get some from Ken Harwood about the timing and all that. That does close the regular meeting. I would like to ask the Council -- I did have a meeting with Lindley and Associates, Inc. They expressed the desire that they would like to give us some -- some experiences they had in billing and financing options of different buildings, like the city hall and what have you. Is Council interested in hearing some of the options or some of the financing and -- Bird: Who is this? Corrie: This is the 3-D International, Lindsay & Associates in Boise. They said they could -- Bird: I'd love to listen to it on a pre-Council meeting. I'd love to. Corrie: Okay. Well, I think that gives -- and what they would do is it kind of gives us what some of the options are and what they can do there. So, if that meets with your Meridian City Council January 14, 2003 Page 36 0136 approval, probably in a couple three weeks I will have them on the pre-Council meeting and a couple hours ahead of time we can do that as -- Bird: I'd love to -- Nary: Great. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I'd like to commend you for the letter that you wrote on our -- on the city's behalf to ACHD. Bird: Yes. De Weerd: And working with our two attorneys on the right of way issue and that sort of thing. Very well written and very much captured what we would like to see happen. Corrie: Thank you. De Weerd: So with that 1- Bird: Also Jim Johnson's -- I certainly appreciate it coming from the Mayor. Jim was very - Corrie: There were some ideas that we might want to do for Jim and I'll explain those, so we don't have it on the record. De Weerd: So we don't have it on the record? Nary: Because it doesn't need to be. I think that's what he meant. De Weerd: I move we adjourn. Bird: Second. Corrie: Motion has been made and seconded to adjourn. All those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: 9:15. MEETING ADJOURNED AT 9:15 P.M. Meridian City Council January 14, 2003 Page 37 0136 (TAPE ON FILE OF THESE PROCEEDINGS) . 3 I 4- I tJ3 DATE APPROVED