Loading...
HomeMy WebLinkAbout2008 03-18 SpecialMeridian Cit Council S ecial Meetin March 18 2008 The Meridian City Council Special Meeting was called to order at 5:00 P.M. on Tuesday, March 18, 2008 by President Councilman Charlie Rountree. Members Present: Mayor Tammy de Weerd, Keith Bird, David Zaremba, Charlie Rountree. Members Absent: Jae Borton StafF Present: Kyle Radek. Clint Dolsby., John Shawcroft., Tom Barry andTara Green. Item 1. Roll-call Attendance: Roll call. X David Zaremba O Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Rountree: Thank you. Next item is the adoption of the agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the agenda as published. Zaremba: Second. Rountree: Okay. It's been moved and seconded to approve the agenda as published. All those in favor? Opposed same sign? Okay. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 3. Executive Session per Idaho State Code ~7-2345(1)(b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student) and (f) -- (to consider and advise its legal representatives in pending litigation); Rountree: Item Number 3 is Executive Session. Meridian City Council Special Meeting March 18, 2008 Page 2 of 2 Bird: Mr. Chairman. Rountree: Mr. Bird. Bird: I move we go into Executive Session per Idaho State Code 57-2345(1)(b) and (1)(f). Zaremba: Second. Rountree: I have a motion and a second to move into Executive Session. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES, ONE ABSENT EXECUTIVE SESSION Rountree: Motion to come out of Executive Session. All those in favor. Opposed. Same sign okay we're out of Executive Session. MOTION CARRIED: THREE AYES, ONE ABSENT Rountree: I need a motion to adjourn. Zaremba: Mr. President I move that we adjourn the Special Meeting. Bird: Second. Rountree: Been moved and seconded to adjourn all those in favor. Opposed same sign. We're adjourned. MOTION CARRIED: THREE AYES, ONE ABSENT MEETING ADJOURNED AT 7:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: TAMMY DE~I/ ERD, MAYOR ATTESTED: DATE\~~l~ ~4 ~~''~.,,,~~~ C? ~~ 0 JAYCE L. HOLMAN, CkTY LE L - y ~~,~ 7 "~Ur 1a~ ,,'~ ~1'TY , A~ .`~, Meridian City Council March 18, 2008 Page 44 of 69 the access here. And so we eliminated any access to Ustick Road. We moved our single access to Locust Grove here and the highway district signed off on that location. It would provide access for the church. Anna, maybe we could see a vicinity map real quick. That's good. So, we have got a church right here. You have got the commercial properties from Heritage Commons here. You have got the Meridian school campus here. An elementary school and a charter school. And I believe that the district just came in and asked for some commercial development here on that property. So, with regard to the larger neighborhood and the development pattern in the area, you see it's pretty well situated with regard to services. Pretty much a built out area at this point. But with regard to the church, that road that we are bringing in right here does abut the church and they would be able, upon annexation or same future application in front of the city, be made to take access off that local road and eliminate a couple of driveways here on this arterial, which is now I understand busier that the Locust Grave overpass has been completed, so -- if we could see the layout again. So, with regard to the layout, we bring this access in here, we make a connection to an existing stub street here and we have made every attempt to make a connection to this existing stub street here. As Anna painted out to you, there is an eight foot strip of land that runs right along there, does contain a piped irrigation structure and it belongs to this piece of property here. And as was the original intent, it was to get a higher price for the piece of land when somebody came in and needed to make that connection and so we were just -- my clients were not able to negotiate a deal that would pencil for the land and so we did the best we could and at the redevelopment of this property they will be required to make that connection. I would paint out for the Council's consideration this property is really well set up. You can see -- you basically just match the lot lines on Wanda's Meadows and they are going to have a street built for them with utilities in that street. They will only have to make service connections and they will be good to go. Match the density on the surrounding properties and it will be a happy world for them. Bird: How wide is that strip, Daren? Fluke: This strip is eight feet. This property here is just less than a hundred feet in width. And so you can just about get a hundred feet of depth, maybe make them a little bit wider than what you would normally. So, with regard to our project, we are really pleased with this site plan. We are very proud of this project. This is what we refer to often as an empty nester type project. It's meant to appeal to older people. Well, older in the sense that their kids have moved out and they don't really have an interest in taking care of big yards anymore. It will be -- we will come back with a condominium plat on this, so that each of these units can be individually sold and all the common areas will be maintained by the association. This is a really amenity rich project. With the amenities being appropriate to the target market, we have a nice large clubhouse here, which will include a pool. It's got a large commercial kitchen in there far use of the residents and their gatherings. We have got a -- maybe the landscape plan, Anna, do you have that? There we go. So, what we see here is the clubhouse here with the pool. We have also got a system of paths that basically circumnavigate the project. We Meridian City Council March 18, 2008 Page 45 of 69 have got a putting green and a rose garden and just a whole bunch of nice stuff. Within the clubhouse there is an exercise room. I mentioned the swimming -- the swimming pool already. We also have a tennis court right here. And, then, there is barbecues and picnic areas in a couple locations in the project. So, this project comes in at about five and a half units to the acre. 5.59 to be exact. So, the Comp Plan does designate it far the three to eight dwelling units to the acre. It is a little bit higher than what's developed around it, but what the neighbors realize when we went through the neighborhood meetings is given the market of this project and who is going to want to live here given the price point of the units, that it's going to be less of an impact on surrounding properties from the standpoint of noise generation, activity generation, and certainly from trip generation, because this demographic just doesn't drive as much as -- as the young population with kids, driving kids around to soccer games all of that sort of thing. So, we are happy with how the project came out. We think we satisfied all the neighbors' concerns, if there were any. And with that we'd just respectfully ask for your approval of the project. De Weerd: Council, questions? Bird: I have none. De Weerd: Mr. Rountree. Rountree: Madam Mayor. Anna mentioned private streets. Which ones would those be? Fluke: That's a good question. Madam Mayor, Councilman, the public street intersects with the other public street there and comes in like this and is public here to connect to the stub streets, is -- with the existing arterial. The private streets are internal to the project here and here. This street is public as well, so it will be utilized by this guy later on. Rountree: That's nice of you. Fluke: What's that? Rountree: That's nice of you. Fluke: Yeah. It's a nice touch. And, then, we have got private streets here. And I would point out, too -- I didn't mention, but those private streets are built as a wider street section, which does allow for a row of parking on one side. And they do have curb, gutter and sidewalk as well. Bird: Madam Mayor? Meridian City Council March 18, 2008 Page 46 of 69 De Weerd: Mr. Bird. Bird: Private -- what width are these streets, Daren? Fluke: They are -- Bird: The private ones. Fluke: Did we do 33 on those, then, or 29? I think that's a 29 foot section that would allow for one row of parking on there with curb and gutter. Bird: Okay. De Weerd: Okay. Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Back to my question about the intersections and how Ustick Road -- are you dedicating or selling or giving ACRD the space to fix that intersection? Fluke: Madam Mayor, Councilman, good question. Thank you for reminding me. Yes, we are being required to dedicate 23 feet of additional right of way on both Ustick and Locust Grove Roads. As well as construct sidewalk on there. The road improvements will be made by the highway district. They are programmed far the next five years. couldn't tell you exactly when. But if you're familiar with the intersection and you can picture that great old house that's sitting there now, that's the last corner to be improved at that intersection and so the highway district is going to take care of that improvement, but we will be giving the right of way. Zaremba: Thank you. De Weerd: Okay. Any other questions, Council? Rountree: I have none. Bird: I have none. Fluke: Thank you. De Weerd: Thank you. Okay. I had a couple of people that signed up. Lavarr Campbell signed up for. Okay. Thank you. And Ardell Baker signed up neutral. Okay. Meridian City Council March 18, 2008 Page 47 of 69 Thank you. This is a Public Hearing. Is there anyone who would like provide testimony on this application? Staff, any additional information? Canning: Yes, ma'am. The proposed private streets area 36 foot cross-section that includes a fiive float sidewalk on one side, a two feet rolled curb, and, then, two ten foot wide travel lanes and an eight foot parking area and, then, one fact ribbon curb. They are wider than our normal -- De Weerd: Right. Okay. Thank you. Mr. Zaremba. Zaremba: Madam Mayor, the other issue -- outstanding issue far City Council was the block wall -- perimeter block wall along the church property -- Canning: And I believe all it was -- I think a block wall was required and they were just supposed to work with the LDS church to see if they wanted any breaks in it for future connectivity and if they don't, then, they don't have to do it. Zaremba: And that brings the question of whether we should require cross-access for future driveways. I know they don't exist now, but -- Fluke: Madam Mayor, if I might -- De Weerd: Uh-huh. Fluke: Thank you. I just need to clarify the record on that. I had mentioned block wall I think in the narrative, as well as in the testimony and I was corrected by my client that that's a decorative. concrete wall, so just a slight change and we will work with staff an the design of that, but just to clarify the record, with regard to the LDS church site, which is right here, it was my client's intent to build a wall along -- along here just simply to buffer it and make it more of a discrete project sort of unto itself, but having said that, our right of way comes right up to their property line, so for us to build that wall there we have to negotiate with the church and get them to buy off on it, which we don't know that we can da. Now, we will certainly endeavor to do that, because it's what they want to do, my clients, but there is no guarantee that it will happen, one, and, two, with regard to cross-access, they will -- that property will already have direct frontage on the public right of way. This will be dedicated public right of way. They will front right up to it. We are not leaving a spite stripe there. So, they will -- if there is a wall, we will just negotiate a likely place to provide access, which would be either here or here or both places in that case. Zaremba: And it would be constructed so that that would be easy to do, I take it? I mean if you had to later take a portion of the wall out or something. Meridian City Council March 18, 2008 Page 48 of 69 Fluke: Yeah. Madam Mayor, what it would require is that we actually step that wall as well and have to get lower on either side of that drive aisle, but yeah. Zaremba: Okay. Thank you. De Weerd: Council, any other questions? Rountree: I have none. De Weerd: Any final remarks? Was there --wish to testify? You need -- we did receive written testimony. It is part of the record. Thank you. And that must have been from John -- no? Canning: Madam Mayor, I haven't seen it. I heard that it existed. I forgot until now about that issue. They sent it to the clerk's office. I have not seen it. De Weerd: Okay. I'm sorry. From -- who is the written testimony from, then? Canning: Madam Mayor, I don't know. Perhaps the applicant could just testify briefly as to what was in their letter. Or not the applicant, but the -- Zaremba: Ask them to testify publicly. De Weerd: Is there any written testimony in the record? Rountree: No. Bird: There isn't in our records that we have. Holman: Madam Mayor, I don't see anything in my packet. Fluke: Madam Mayor? De Weerd: Yes. Fluke: If I could clarify. I do have an a-mail that (received -- apparently I was copied on the a-mail, but didn't receive it until Bill forwarded it to me today. I think our spam filter got it and I wasn't aware of it. So, I'm in receipt of the a-mail and perhaps we should let our neighbors speak to their concerns and, then, I can address those concerns, because I did look into that today and so rather than me trying to paraphrase their concerns, I'll just let them state them and, then, I'll answer them. De Weerd: Anna, if you can give that to the city clerk, we can stamp it in received and maybe she can run and get some copies for the Council. We can certainly ask the -- Meridian City Council March 18, 2008 Page 49 of 69 the authors of the letter if they would like to make comment on it or if you'd like us to just read it. Okay. Canning: It starts off: My wife and I awn the five acre parcel just to the west of the northwest black of proposed Chalet Marseilles -- sorry. I'm trying to get to the vicinity map. They are the five acre parcel right there. We will share approximately 600 feet of property line with the subdivision. We were sorry to have missed your -- you yesterday, speaking about Bill Parsons, as we stopped in the office to review the folder of the development. We submitted to the city clerk a letter with a number of comments just prior to this visit and have attached the text of that letter just following this one. After reviewing the folder at the planning development, my wife and I have come up with a few more questions slash comments regarding the development. We noted in the geological survey comments regarding a wet area in the southwest corner of the northwest block. We would like more information an haw the developers intend to dry out this area, as it is due to the presence of an open irrigation lateral that runs the entire length of the shared property line. We also believe that care should be exercised when working near the berm on the east side of the irrigation lateral, as the water level is very high when we have our headgate closed and any damage to this berm will cause flooding onto the development. In addition, we would like more information an exactly how close the proposed stone fence will be to the property line and, hence, to this open irrigation ditch, especially along the southern half of the property line. We can anticipate foundation issues with the stone fence too near an open unlined ditch due to side soak and gophers. We saw on the landscape plan a note to remove the wild plumb trees along the northern half of the property line. These plumbs form a unique wildlife habitat and an effective screen for our garden area in the northeast corner of our praperty. We value these plumbs and a number of these are located on our side of the praperty line. They are quite entangled. with the ones located an the other side of the praperty line, requiring care to remove the ones on the east side of the line without damage to the ones on our side of the line. We would like to know how the developers intend to utilize the surface irrigation system for pressurized irrigation. This lateral is an a ten day rotation cycle with only a portion of the time allocated to subdivision usage. How does the subdivision store the allocated amounts of water for usage over the entire period of time via pressurized irrigation system? Number four, we had one additional general observation regarding the green space allocation between the two major blocks of the development. It seems like more green space is allocated to the southeast block over the northwest black. It seems to us that it should be weighted the other way around, as the northwest black will be a quieter corner of the development further from the road noise of Ustick and Locust Grove. This, then, would encourage more use of the green space, which we believe, as the city planners, is required for such spaces. We apologize for not having submitted these questions slash comments sooner, but we were out of the country during January when the previous hearing was held. Thank you far your time and consideration. Wendell Martin, 3404 North Private Lane. And, then, as they noted, they attached the comments sent to the clerk and it states: Dear Commission. We awn the five acre parcel directly west of the northwest ten acre Meridian City Gouncil March 18, 2008 Page 50 of 69 segment of the proposed Chalet Marseilles Subdivision and will share approximately 600 linear feet ofi property line with the subdivision. We respectfully request consideration of the following comments regarding the above application. Number one, we request a sewer stub on or near the property line for the potential future hook-up of our dwelling to the city sewer system. Our septic tank currently lies east of our home approximately 100 feet north of our southern property line and 200 feet west of the east property line, the one to be shared with Chalet Marseilles. Two, we request a gate access into the subdivision for the purpose of monitoring and control of the irrigation water flow through gates, ditches, and the of the irrigation ditch that runs along the east side of our property. And, three, we request that the fence that will be constructed along the shared property line to be installed as soon as practical for the developers, as our experience has been that developments attract kids and open water of the irrigation ditch that runs along the property line will attract them. It poses a potential hazard two these children. Sincerely, Wendell Martin, Ann Hutchinson. De Weerd: Thank you, Anna. How was this letter delivered to the clerk's office? In person? Last Tuesday. Thank you. And you got that from the Bill Parsons? So, both our --our planning department did have it. It just was a missing item, uh. Holman: Madam Mayor, I will find out tomorrow. De Weerd: Okay. Thank you. Fluke: Madam Mayor, Doren Fluke, JUB again. I'll just address those issues that were brought up by the neighbors. First of all, with regard to the irrigation, as is state law, we do have to deliver their irrigation water where they get it now and we will do that, which is about in the corner of their property here. I did check the tapo before I came to the hearing and it appears to me that that box is located an their property and not an our property. And the same is true for the lateral that runs to the north across this east line here. Their east line, our west line. Having said that, we do have a 30 inch line that comes into the property here. That is the Milk Lateral and that comes to the north. And, then, there is a couple of -- three headgates, I believe, that send property off -- or water off in different directions and what we intend to da -- we haven't worked out the engineering details, of course, because we don't have an approval and you wouldn't go to that level of design until you did. But a couple of points. We da have to work with the irrigation district on the rotation. Just a point about that rotation is that the ten day rotation came about when the Milk Lateral in this location served approximately 111 acres in this area, most of which has been developed now. What's left to serve downstream of us off the Milk Lateral, as we understand it at this point, is approximately 20 acres right in here off the gravity system. And so we will continue to deliver the water there and we will work with the irrigation district on the phasing of that and when the water is delivered. We do have approximately 22 and a half miner's inches for the whale 21 acres, so there is plenty of water to accommodate our pressurized system there. With regard to the sewer stub, I would just point out there is an existing sewer Meridian City Council March 18, 2008 Page 51 of 69 right there at that stub street that was built by Heritage Commons. It's approximately eight feet deep and it should be adequate to serve the property. If you were to look at our layout, we don't have a very good location to bring sewer there and it's awfully flat, I'm not sure that we could get the grades to work anyway by bringing it through one of these driveways and, then, encumbering it with an easement for a simple service connection that wouldn't be adequate to put a public line in there to serve future development. That's what the stub street had done to the north. And so because that stub street was there, we didn't -- we weren't required to add another stub street, nor a sewer connection to the property, because it's already served, so -- and, then, with access through the wall to the -- to the property, I don't believe it's going to be necessary, because I don't believe we are going to have to get into the headgate that -- orthe box that serves their property, which is right about there just off the property line. And, of course, we still have the engineering details to work out, but you do have adequate conditions of approval in -- in the staff report that, you know, the standard stuff that we have to accommodate our neighbors and make sure that they receive their irrigation water like they do now, where they do now, so -- did I miss anything? Rountree: Plum trees. Drying out the corner. Fluke: Plum trees. On the topo it does show a row of trees all along here and trees here. We will not take down any trees that are not on our property, of course, first of all. Anna, if we could just see the landscape plan. And, then, I believe that -- and we are showing some additional trees in this area and we do have a condition of approval that we work with the city forester to replace anything that we take out. So, I can't say that we can save the trees that are there on our property, but we will comply with the rules of the city for mitigation for trees that we do have to remove. Rountree: What conditions and -- I can't remember which corner. Fluke: Madam Mayor, Councilmen, I believe the condition says anything four inch caliper or greater has to be mitigated at two to one. Is that -- is that correct, Anna? Canning: Is that the question you were asking or the wet area? Rountree: No. I'm talking about wet area conditions. Fluke: Madam Mayor, Councilman, thank you. The wet areas here -- and it does appear to be from a seep from the ditch. The geotechnical report did recommend that we overexcavate that area and, then, put a structural fill in there and we may need to look at -- look at putting a lining in the ditch as well. We will have to work with the neighbors on that, which we will have to do anyway to understand the irrigation patterns in the area. But we do have a geotechnical report on that and a solution for that issue. Meridian City Council March 18, coos Page 52 of 69 De Weerd: To staff, do we have any additional requirements in that regard, if there is a known wet area? Canning: Madam Mayor, Members of the Council, there is nothing in the UDC and if it's a flood plain, then, it falls under those regulations. But, otherwise, it would just fall to the -- to the issues that Mr. Fluke is talking about, just making sure they are addressed. De Weerd: And that isn't in an official flood plain, is it? Fluke: Madam Mayor, no, it's not a flood plain. But, believe me, being aware of it we certainly wouldn't want any subsidence on those buildings and we will take care of that problem. It's only in our client's best interest to do so, so there is -- we have -- we are aware of the issue, we even have it mapped, the extent of that in our geotechnical report and they have proposed a solution for us and so we will definitely comply with that. De Weerd: It doesn't push the moisture on another property, does it? Fluke: Well, no. I mean if water is leaking from the ditch in that area, it would -- what you do is you -- De Weerd: Oh, so it's only from the ditch. Fluke: Correct. De Weerd: Okay. Fluke: So, essentially, we will dig up the foundation two or three or four times more what we would have typically and put a structural fill in there. It's, then, compacted and acts like a -- it acts like concrete almost, to provide a stable base. De Weerd: Okay. Fluke: Thank you. De Weerd: Thank you. Council, any further information needed? Bird: I have none. De Weerd: Or clarification. Rountree: None. De Weerd: No further public testimony? Meridian City Council March 18, 20D$ Page 53 of 69 Zaremba: Madam Mayor. Oh, sorry. De Weerd: Good evening. Hutchinson: Ann Hutchinson at 3404 North Private Lane. The only clarification there is there is a headgate between their subdivision and where we -- where we have to have access to, that would be the John -- I think his name's Whitlow, he runs it, so I have not dealt with him before. But his headgate seems to fall down regularly and everybody that's below has to get to that to reopen it on our turn and as a subdivision, as well as the 20 acres it mentions that uses that, if you go further over beyond this 20 acres, there is a whole subdivision using that irrigation water, so -- and we have all been used to the ten' day rotation for many years. It takes that long to get the water across the properties, that they need that long of time. So, in terms of changing the ten day, that may be an issue. But it is larger -- much larger than the 20 acres and I'm sure we can work it out. It wasn't meant to hold up this thing or anything, we were just concerned that we are aware that open ditch is there and that might make construction there difficult and the fact that it should be there first and you got the irrigation season starting. Thank you. De Weerd: Thank you. And they have a responsibility to make sure that the water is delivered, so that should be protected. Zaremba: Madam Mayor, I would observe that if the applicant is intending to fix a leak, they, actually, will have more water available to them than they have had before. De Weerd: Perhaps. Zaremba: Perhaps. De Weerd: Okay. Anything else from Council? Rountree: Need nothing. Bird: I have nothing. De Weerd: Any final comment from the applicant. Okay. Staff? Canning: No, ma'am, other than I apologize to Mr. Martin and Ms. Hutchinson for not having noted their concerns in the presentation. De Weerd: Thank you. Zaremba: Madam Mayor? Meridian City Council March 18, 2008 Page 54 of 69 De Weerd: Yes. Zaremba: I move we close the Public Hearing on Items 18, 19 and 20. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 18 through 20. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve AZ 07-020, PP 07-027, and CUP 07-023, with a note that CUP 07-023 is now actually for 120 units, not 122. And that approval to include all staff comments and applicant comments. Bird: Second. De Weerd: Okay. I have a motion and a second to approve these three items and ask if there is any discussion. Canning: Madam Mayor. Clarification. De Weerd: Yes. Canning: On the staff comments does that include a DA for the annexation and zoning to tie them to the proposed CU? Zaremba: Yes, it does. Bird: Second agrees. De Weerd: Okay. Anything further`? Mrs. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Barton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Thank you. And I might note this really cleans up a nasty corner. mean the corner there at Ustick and Locust Grove is -- is going to be improved; right? Meridian City Council March 18, 20p8 Page 55 of 69 Rountree: Going to lose a nice old house. Item 21: Public Hearing: AP 08-001 Request for City Council Review of an Appeal of the Planning Director's Determination to deny an application to modify a Conditional Use Permit for a Planned Development to allow a private education institution within an I-L zone for Treasure Valle Technical Center by Metro Commercial Properties -1250 West Overland Road: De Weerd: Thank you. Okay. Item 21 is a Public Hearing on AP 08-001. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Treasure Valley Technical Center project. It's located at 1250 West Overland Road within the Treasure Valley Technical Center. The application before you tonight is Council review of a director decision to reject an application for a CU modification. Did you catch that? There is a quiz. De Weerd: Okay. Canning: Okay. Highlights of the proposed development are the applicant had requested a Conditional Use Permit modification application requesting permission to allow a private education institution as an allowed use. So, the subject property shown as industrial on the City of Meridian future land use map and zoned I-L. In 2001 a Conditional Use Permit for a planned development was approved on the site that limited the uses to thane allowed within the I-L zoning district and with approval of a detailed Conditional Use Permit you could also ask for a day care center, professional and sales office, or community and neighborhood shopping center. So, it was a very specific planned development. Again, this was one of the very fiirst PD's done with a use exception and we are still feeling the effects today. De Weerd: Did you just mumble? Canning: Yes, I did. Thank you, ma'am. I will enunciate mare clearly. It must be after 10:00. No, not quite. Please note that even at the time that CUP 01-009 was processed and approved in 2001, the private education institutions were not an allowed use in the I-L zoning district, but, rather, they were permitted subject to conditional use approval. So, that's an important distinction. In 2005 the city adopted new development ordinances and with the UDC adoption City Council decided that private education institutions should be prohibited in the I-L zoning districts. And private education institutions are those that follow curricula similar to those of the state. Because the property is shown as industrial an the comp plan and because it has I-L zoning and according to the UDC table for the I-L zoning, the proposed use associated with this Meridian City Council March 18, 2008 Page 56 of 69 application is prohibited. We rejected -- mare specifically, I rejected the application as being incomplete until we had a Comp Plan amendment and a rezone application. So, that's the decision that's being appealed or being asked for you to review tonight. Because they wanted to modify the original CU, which was done as a planned development, to allow this use, but because, for one, we don't have the planned development provisions anymore to allow use exceptions and, two, this is just a prohibited use in the I-L zone, we rejected the application as being insufficient without a Comp Plan amendment and a rezone. And we have had discussions with this property owner for -- since at least last summer. It seems like they are interested in retail uses, but they are unwilling to make the commitment to ask for the commercial zoning. So, at this point it's zoned industrial, with very few use exceptions as allowed in 2001. With that I'll answer any questions Council may have. And Mayor. And I will not mumble. De Weerd: Well, if I was going to get tested on something, I wanted to hear every word. Council, any questions? Rountree: Not right now. Bird: I have none right now. De Weerd: Okay. Applicant have comments? Nickel: Good evening Mr. Mayor -- Mrs. Mayor. Sorry. De Weerd: That's all right. Maybe my -- maybe I'm getting a cold. Nickel: No,' you still sound like a Mrs. Mayor. Council, good evening. I see from the company I keep I get the choice paints on the agenda. I appreciate that. Thank you. De Weerd: Well, after that comment you'll continue to have this place on our agenda. Nickel: I kind of like it. I kind of like it. I can see how everyone else does. Madam Mayor and Council, we -- as staff has indicated, we are asking far -~ or we asked the planning department to accept a modification to the original Conditional Use Permit and the original planned development application. The property in question sits about right here. It's about three and a half acres, part of the Kennedy Subdivision, industrial subdivision. Community park, I think. And we believe that the -- the use, which is -- would be like auniversity -- will be the University of Phoenix is what we are proposing, but an adult private education facility, does meet the intent of the original Conditional Use Permit and the original planned development. And if you would humor me, I would like to read from the findings from back in 2001. Finding of Fact No. 8 of the Conditional Use Permit states that the proposed application requests a Conditional Use Permit for a planned development to include office, retail, and industrial for proposed Treasure Valley Technical Center. ,The I-L zoning designation within the City of Meridian City Council March 18, 2008 Page 57 of 69 Meridian zoning and development ordinance required a Conditional Use Permit be obtained for most uses, including those requested by the applicant. A further condition, number 12.12 -- or, excuse me, Finding of Fact 12.12 states that the entire site is located within the I-L zone and the fallowing uses shall be limited in the I-L zone with the conditional -- with a Conditional Use Permit, along with any of the allowed I-L uses as part of the planned development. And, then, it goes on to state day care center, professional and sales office, community and neighborhood shopping centers. Sa, what that states is that in addition to those three uses that they specifically recognize, that it states along with any of the allowed uses in the I-L zone. Now, in 2001 the zoning code allowed or permitted a private educational facility as a Conditional Use Permit. Now, as you know, the planned developments, which are na longer -- are no longer placed in the code, allowed uses that were normally not listed in the allowed use sections of the specific code. For example, the child care center or the professional or sales offices or the community or neighborhood shopping centers, which in this case they allowed. It also states that they were allowed as -- and this is in quotes -- exceptions to the district regulations governing use, density, area, bulk, parking, signs and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this chapter. So, what we are arguing is that, again, the intent of that PD back in 2001 was to allow day care centers, professional sales offices, neighborhood shopping centers, in addition to the permitted uses in the I-L zone. So, if one of the permitted uses was a private educational facility, what we are asking for, we believe, is consistent with the original Conditional Use Permit. So, what we are asking for tonight is not for you to approve a conditional use, but, rather, just to advise staff to accept that Conditional Use Permit modification and, then, we would take it back through the process. So, if I confused you, I can explain it again, otherwise, I will stand for any questions. De Weerd: Anyone confused? Zaremba: Madam Mayor? Rountree: Not near as bad as I was with the rezone. Bird: That's clear as mud to me. De Weerd: Mr. Zaremba. Zaremba: I don't know if this clarifies or not, but I think the distinction is in the definition of the word permitted, which has one meaning -- it's permitted with no further action or -- or CUP or anything, as opposed to allowed with a CUP, which is a different category. Permitted means it can be done without any further review. Allowed with a CUP does not guarantee that it will be approved and I think what we are being asked is to make that distinction on this particular piece of property. I would say first that I believe our director interpreted the ruling the way she had to. There wasn't any other choice for Meridian City Council March 18, 2008 Page 58 of 69 her. I think she did what she had to. I guess the question for us is do we think a private educational institution would be appropriate here and is there some way we can shoe horn it in if we do. Canning: Madam Mayor, Members of the Council, you are not being asked to decide whether it's appropriate tonight. You're just being asked whether or not to accept the application. I would like to say that it has further implications. I mean I think what this does is open up the planned community warm hole again. To me this would say that you can go back to any previously approved -- I said planned community. I mean planned development. Any previously approved planned development and ask for those same provisions to be in place once again to allow the use exceptions. This is a prohibited use in the zone currently and we are being asked to go back and modify the original CU to allow this as a CU. It's not you're being asked to -- allowed to take in a conditional use application for this -- the use itself, you're being asked to modify the previous Conditional Use Permit for the planned development, to go back and change that approval to allow some something that is now a prohibited use in the zone. Nickel: Madam Mayor, so -- Zaremba: Thank you for the clarification. Nickel: So, Madam Mayor, again, to reiterate the original Finding, it listed three specific uses and, then, it also stated along with any of the allowed I-L uses. So, that developer back in 2001 had -- I guess had reasonable expectation that those uses would be allowed anytime in the future, so I guess if they -- if they were to come in today and ask for a day care center, professionals sales office, or shopping center, and it was not -- and they were prohibited uses today, that he would, again, be allowed those uses. So, I don't see the difference between those three and, then, the allowed uses that were in the zone at the time. I'd also understand what Anna is saying, maybe we are not asking for the right thing, maybe instead of asking for a modification, we should just be asking for acceptance of a Conditional Use Permit, because maybe we don't want to go back and -- we don't want to go back and add that as a specific use, because I guess maybe it's already there as the -- listed under any allowed I-L use. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I mean I think the director has given her recommendation as to how they could get this exception and that's -- and I think what she originally had stated was that they needed to request a comp plan change, because the ordinance that's in place now -- I mean I don't disagree, in 2001 if they had asked for this under whatever uses existed at the time and this one was allowed, except through conditions, they could have done it. But the code has changed. How would we Meridian City Council March 18, 2008 Page 59 of 69 ever track the future if every time you changed the zone, any use that might have existed then carries forward from now until the end of time. That doesn't not make any sense. There isn't any case law that supports that notion. They get those specific things they were allowed, they get whatever is allowed at the time they ask for it and whatever -- whatever exists in that zone today when you ask, not what you would have asked far in 2001, but what you ask for now that exists in the code. Because the code can change. Unless we have aspecific -- like in our earlier application, we had a development agreement, we had a specific finding that allowed a specific use -- if you were here asking for a day care center and it was na longer allowed in that zone, your argument would make sense. You said we have already got granted this specific exemption, but everything else that's general, you got to -- you get what's available at the time you ask for it, not what might have been available seven years ago. I don't see any logic to what you're asking for and I don't see any case law that supports it. Nickel: Madam Mayor and Mr. Nary, thank you. See, I look at this as the same thing as a development agreement in the sense that you're establishing conditions and you have established conditions in here that -- or I should say allowed uses that were not currently allowed in the zone. The day care center, the sales office, and a shopping center is not allowed in that zone, so you have allowed it specifically through that -- that PD, but you're also saying that along with the allowed uses in the I-L zone. I would -- I mean I think that's -- it seems to us like it's saying it's allowed -- it's listing those uses out -- they are supposed to be listed in the uses. I know what you're saying also. So -- I mean that's how we feel the intent of that is and I would think the developer would have had some expectation that he could sell those future lots for those uses, because they were -- now, I think in your development agreements today -- or maybe they are conditions in the -- in annexations and rezones or even I guess plats, you state that we have to meet the current -- you have to meet the current zoning requirements at the time, but it seems to be that this PD is allowing for those or establishing those uses for as long as the Conditional Use Permit is good. Nary: But, Madam Mayor, Members of the Council, that -- those Findings of Facts don't say that you get those uses -- whatever uses existed in 2001 carry forward without approval. Whatever exists in that zone, just like -- like you said, in a development agreement if you have a specific entitlement, like to build 171 apartments, that may carry forward. If you get every other use that exists in the R-4 zone, it's what exists today when you came to ask for it. So, that's what the director has determined that it's not allowed without the Comp Plan amendment, because it's not an allowed use. I mean you're correct in your analysis that it's similar -- not exactly the same, but it's similar to a development agreement, but it doesn't grant you any greater entitlement to a use that doesn't exist and isn't allowed in the zone now. Nickel: Madam Mayor -- but it also doesn't say that it doesn't either. It doesn't say either way. It doesn't say your -- you can have those uses, but it doesn't say that those -- it's just you're going to be limited to the uses that are in -- in the current code. Meridian City Council March 18, 2008 Page 60 of 69 Nary: The case law says that. Nickel: Yeah. Okay. So, that's all we have. De Weerd: Okay. Nickel: And, again, we are not asking for the -- we are not asking for the approval of the conditional use, just the ability to submit that, which is what we are asking for. De Weerd: Okay. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just comment on the discussion that was had in the committee that was writing or proposing those new UDC -- now several years ago. And I think one of the reasons that it ended up for private education institutions being prohibited in the I-L zone was that other I-L users felt that the impact on them and the complaints that they would get, from aschool-type use, diminish their ability to use the I-L zone the way an I- Lzone should be used. And I think that was some of the reasoning behind why we prohibited it. I would like to suggest that the -- the avenue would be to ask far a change to the Comprehensive Plan that designates this as I-L and see whether that flies. Is that something you would be willing to try? Nickel: Well, I guess one -- Madam Mayor and Councilmen, one of the problems is that -- now that this is a subdivision, you should be looking at just aportion -- you would have, actually -- and I guess, you know, that's something you're interested in -- have a Comprehensive -- a Comp Plan designation that's kind of out in the middle of nowhere. The other problem is that the timing that, obviously, you have to go through to do a Comp Plan amendment. But I mean that's just something we are going to have to look at if you don't approve this appeal. I know a specific use was -- or a specific user was -- was -- was in a time crunch to get this approved, so probably wouldn't be coming back with a Comp Plan amendment. Thank you. De Weerd: Anything further from Council? Nickel: Thank you. De Weerd: Thank you. Okay. Any other questions from Council? Hearing none, would entertain a motion to close the Public Hearing. Rountree: Madam Mayor, I move that we close the Public Hearing on Item 21. Meridian City Council March 18, 2008 Page 61 of 69 Bird: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 21. All those in favor say aye. All ayes. Motion carries MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Madam Mayor, I move that we concur in the denial of this application made by the Planning and Zoning administrator. Zaremba: Second. De Weerd: Okay. I have a motion and a second to uphold the planning director's determination. Is there any discussion? Mrs. Clerk, will you, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Barton, absent. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 22: Ordinance No. 08-1353 Amendment to Pretreatment Ordinance: De Weerd: Item No. 22 is ordinance number 08-1353. I will ask the City Clerk to, please, read this ordinance by title only. Holman: City of Meridian Ordinance No. 08-1353, an ordinance of the City of Meridian amending Title 9, Chapter 2, Sewer pretreatment, of the Meridian City Code, providing for general provisions, general sewer use requirements, pretreatment of wastewater, wastewater discharge permit application, wastewater discharge permit issuance process, additional reporting requirements, compliance monitoring, confidential information, publication of users in significant noncompliance, administrative enforcement remedies, judicial enforcement remedies, supplemental enforcement action, afFirmative defenses to discharge violations, wastewater treatment rates, miscellaneous provisions, providing for effect and validity and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, Council. Rountree: Madam Mayo-f? De Weerd: Mr. Rountree. Meridian City Council March 18, 2008 Page 62 of 69 Rountree: I move that we approve Ordinance 08-1353 with suspension of rules. Bird: Second. De Weerd: I have got a motion and a second to approve ordinance on Item 22. Mrs. Clerk, will you, please, call role. Roll-Call: Bird, yea; Rauntree, yea; Zaremba, yea; Barton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Items Moved from Consent Agenda: P. Amended Agreement for Bittercreek Meadows: De Weerd: We are at the end of our agenda. Oh, I'm sorry. Rountree: We moved Item 8 something forward. P. De Weerd: Oh, yeah. That item that just won't go away. Nary: Madam Mayor? De Weerd: Oh. And there is a leader. Nary: Madam Mayar, Members of the Council, the item is not totally gone away yet. Mr. Barry and I met with Mr. Jewett, we have -- I don't have to tell any of you this has been very painful to get this agreement to where we are. But I believe we have an agreement. We had some other worrying changes, as you can imagine, Mr. Barry and I have been a little busy this week, but in between other things we have put this agreement back with Mr. Jewett, we had some issues tonight, I think we finalized them all -- in fact, to the point that Mr. Jewett's comfort level was he felt he could leave and come back if you needed him to. But Idon't -- as complicated as this agreement has been, I certainly don't want to -- I have amended while we have sat here, but I don't feel comfortable in putting it in front of you for approval without one more go around by Mr. Barry and myself and Mr. Glenhill and Mr. Jewett, but I think we have an agreement. My only concern is timing. Mr. Jewett has made commitments to get some things started by -- I think he told us the 27th of this month. Is there a meeting next Tuesday that we can put this an? If there isn't, is there an opportunity to do a special meeting this week to get this approved, so we can get it done with? Bird: Madam Mayor? De Weerd: Mr. Bird: Meridian City Council March 18, 2008 Page 63 of 69 Bird: I concur with Mr. Nary that I'm not going to approve something that I don't get to read a finished product. And I -- I will be here the 25th. Rountree: I will not be. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I can be here the 25th -- I expect to be here the 25th, unless we don't have a quorum, but Iwill -- I agree that I would want to see Mr. Jewett's signature on it. Nary: Right. Zaremba: As well as reading it ahead of time before we approve our part of it. De Weerd: Which is the process you generally follow. Bird: Could you have something ready by -- when are you leaving, Charlie? Sunday? Rountree: I will be leaving Tuesday. So, if we met Monday. Bird: On Monday. We could meet Monday. Nary: If we could do a special meeting -- I would love to be done with this thing, so if we could do a special meeting even .Monday, if we do not have a quorum on Tuesday -- I don't know about Councilmember Borton, if he's available Tuesday. Zaremba: I would be available Monday, the 24th. Bird: You will? Zaremba: I will be available -- Bird: Okay. De Weerd: Do we have items on the 25th? Rountree: We could a couple. Holman: I don't have a -- Charlie has the agendas there. Rountree: I have gat them. Meridian City Council March 18, 2008 Page 64 of 69 Zaremba: I have heard that Councilman Borton may not be here the 25th as well. Bird: I understood he was -- they always take off on Spring Break. Zaremba: Easter week. Rountree: We have two public hearings and some findings on the Consent Agenda, but it's a pretty weak agenda in terms of timewise. Bird: For Tuesday? Rountree: For Tuesday. So, I think we could -- if we don't have a meeting, if there isn't a quorum, it could be moved into April fairly easy. Nary: Madam Mayor, I will have -- I will have -- well, I finished it tonight, so -- I finished the agreement tonight. I just need to send it to the parties. We can have it Friday, we could -- surely, if we are going to have an agreement and signed by Mr. Jewett, we should have it Monday, if Council would be willing to do a special meeting in the daytime on Monday, that's certainly available to me, so -- Bird: I don't see -- Zaremba: I would be happy to trade Monday for Tuesday, if we are not having a meeting on Tuesday, Monday is -- Monday I can do. Rountree: We can do it. If you can make the agreement happen and get it to us -- Bird: Yeah. Nary: I will work with the clerk's office on the noticing and we will look for a Monday daytime meeting, in the noon time, like we have done the special meetings, if we can get -- if we get a signature, what I will direct to Mr. Jewett is we want a signature Friday, so that you have an opportunity -- but you will have the document to review prior to Monday. Bird: Tell him to come in here and sign it here and we can notarize it. Rountree: Yeah. We can have a signing ceremony on Monday. Bird: Yeah. We can notarize it. De Weerd: We can have a party. Okay. Meridian City Council March 18, 2008 Page 65 of 69 Nary: Thank you, Council. De Weerd: It sounds like we have mare noticing to do to postpone these Public Hearings as well, so - Item 7: Department Reports: A. Mayor's Office 2. Resolution Creating Affordable Housing Task Force: Holman: Madam Mayor -- and one more thing. I was out of the chambers for a few minutes following up on that resolution for affordable housing. Is that something that we still needed to do on this agenda? Bird: Yeah. De Weerd: Yeah. Since none of us knew what that was. And it was under my department report, but I didn't know what it was. Nary: Madam Mayor, Members of the Council, when we had the -- and I apologize, Madam Mayor, for that. With the -- the proclamation far fair housing, Mrs. Kane, who has been administering our CDVG grant, that was a condition that was part of the grant that was approved. That was what the propose of the resolution was. So, the discussion that we had on Friday, unfortunately, obviously, not with you, Madam Mayor, was that it seemed appropriate if we were going to do one proclamation, that we do the resolution at the same time. We have already committed in the grant to do it, and so that was the reasoning why she did that is she did send it to the clerk's office. It didn't get to your office, so I apologize. It doesn't have to be done tonight. It will need to be done at some point. So, we can put it on another agenda if you would like. It was really the matter that we were tying them to one you were already doing. But it doesn't have to be tonight, if you would prefer another time, we can put it on then. De Weerd: Okay. Well, we have a resolution, Certainly we can read it. Council, what would you like to do? Have you read it? Rountree: I have not. Bird: I haven't read it. I haven't seen it. Holman: Madam Mayor, I have copies for everyone and I did go through when I left and went into my office, it is attached -- there were two items underneath that -- I'm sorry, on the laser fiche how we -- you folks access it. I did find it there and I did have a copy in my packet, but I printed out copies, because I was unclear, I thought maybe somehow it Meridian City Gauncil March 18, 2008 Page 66 of 69 hadn't made it to the laser fiche portion of your agenda. So, it is on there, but I did print out copies if you all would like to see this. Zaremba: It appears to be short, we could read it in a minute or so, if we want to pass them around. De Weerd: Sounds good to me. Holman: Councilman Zaremba, that's your copy, because it has the number on it. Will you pass these down please. De Weerd: Mrs. Clerk, will you, please, read this resolution -- if I could get a number. What number would that be? Holman: Madam Mayor, this will be resolution number 08-604. De Weerd: Okay. If you will, please, read resolution number 08-604 by title only. Holman: Madam Mayor. Resolution number 08-604, a resolution of the Mayor and the City Council of the City of Meridian, establishing an affordable housing task force and providing an effective date. De Weerd: Okay. Council, you have heard this read by title. What would you like to do? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move that we approve resolution zero -- having had the opportunity to read the whole resolution for myself, I move that we approve resolution 08-604 and for the Mayor to sign and the Clerk to attest. Bird: Second. De Weerd: Okay. Okay. I have a motion and a second to approve resolution 08-~04. Is there any discussion? And a second. Mrs. Clerk, will you call role. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. De Weerd: Thank you. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council March 18, 2008 Page 67 of 69 De Weerd: Yes. Canning: May I comment on the 25th agenda briefly? I just -- under the category of lack of planning on my part does not constitute an emergency your part, I did want to mention that the temporary uses -- a big driving force in our schedule for this has been trying to get everything in place for the Parade of Homes. Hopefully, it won't slip much further, because we -- it's slipped so many times now that we are just on the brink of not being able to get them the approvals they need, but we have dealt with that in the past, we can deal with it another year. I'm not too concerned, but -- De Weerd: Do we want to put that on Monday, if we are going to meet on Monday. Rountree: I'm not sure we will be ready to act on that ordinance. I mean there was a lot of the comments that need to be addressed. Canning: It requires three readings. So, this -- I think the second one is next week and, then, you would have an opportunity for a third one. But Ijust -- keep that in mind as that clicks along that we are trying to get that in place for Parade of Homes. But we can deal with it if it doesn't work, but -- De Weerd: Well, we can do a third -- or a second reading and have the discussion on the third reading the following week. Canning: Oh. Bird: When is the Parade of Homes this year? Canning; I forget the exact date, sir. I'm sorry. But that would work if we just read it on Monday, that would help. Bird: We need to see if we are going to have a quorum for Tuesday night, too. I'd prefer to keep --~ if we are going to have a Tuesday quorum, we'd just have it on Tuesday night myself, have a regular meeting and get stuff taken care of. I agree with you, Anna, we need to get done for. Canning: And, Madam Mayor, Members of the Council -- Bird: They are probably having enough time with -- Canning: Councilmember Rountree, we are talking to Teri tomorrow about her concerns with the -- the sign provisions that were added, so -- Rountree: Good. And I -- are those online? Because Ihaven't -- the hard copy I had isn't the same. Didn't even have the sign provisions in it. Meridian City Council March 18, 2008 Page 68 of 69 Canning: They were added at the very last minute. I will ask Mrs. Kane to re-send -- or send out the new copy. Rountree: Thank yau. De Weerd: Okay. We will put it on next Monday far the second reading to have the third reading and discussion, then, the following week. Does that sound fair. On April Fool's Day. Yes, Anna. Canning: I was just going to have thumbs up. De Weerd: Okay. Sorry, I didn't have my glasses on. I saw _-okay. Zaremba: When yau wave, I'd appreciate it if yau used all of your fingers, please. Canning: Nat just one -- De Weerd: Okay. Further business from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would make a motion that we authorization and establish the budget for position of Public Works plant operations manager. Zaremba: Second. De Weerd: Okay. I have a motion and a secand. Any discussion? Rountree: I have none. De Weerd: Mrs. Clerk, will yau, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. De Weerd: Okay. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Council, we are at the end of our agenda. Is there any further business for discussion? Okay. Hearing none, do I have a motion to close?