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HomeMy WebLinkAbout2006-07-05~, X u'' " r ,'~ `? ~~'_~~ CITY OF ~'~°;~~ ~ ~_ CITY COUNCIL REGULAR ;~ ~.~, eYlG~1~17 ~~~ ~~; MEETING AGENDA 1DAH0 e ~°'~ CFA EH ~rR~.~„~v..~'` '~,s~ City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Wednesday, July 5, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Shaun Wardle =-~~ Joe Borton Charlie Rountree Keith Bird _~ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Bishop David Keeley, with LDS: ~-~e~~.~#~~C. 4. Adoption of the Agenda: ~r~---~ ~ Y~v~~-~ ~ ~~~-~-~ 5. Consent Agenda: A. Approve Minutes of June 6, 2006 City Council Regular Meeting: ~~'~~ B. Approve Minutes of June 27, 2006 Pre-Council Meeting: ~y~lW'°v''`~ C. Approve Minutes of February 16, 2006 City Council Special Workshop Meeting: G~:r~ ~-~ 6. Department Reports: A. Mayor's Office: 1. Tabled from June 27, 2006: Marketing Contract with Resource Center, Inc.: /3 . C~~ C lam./L~.r n~~'c~ ® ~ . /u~~.c~~ ~o ~~~~ ~i ~--e~~,~ 7. Items Moved from Consent Agenda: ~~~~ ~,-,,..;~. ~ ~~y ~ ~ Meridian City Council Meeting Agenda -July 5, 2006 Page 1 of 2 ~~,~ i,.,~ All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ® ! 8. Public Hearing: RZ 06-003 Request for a Rezone of 3.13 acres from R-4 (Low-Density Residential) to L-O (Limited Office) zone, including modifications to the existing Development Agreement for Lochsa Falls Subdivision for Hastin s by Monterey, LLC - 2300 West Everest Lane: 9. Public Hearing: VAC 06-006 Request for a Vacation of the existing public utilities, irrigation and lot drainage easement on both sides of the lot line common to Lots 46 and 47, Block 49, Lochsa Falls Subdivision No. 12 for Hastings by Monterey, LLC - 2300 West Everest Lane: ~r~~rRiu, ~l~ !F C/-~ ~' Q,~~y~/-ov-~ 10. Public Hearing: RZ 06-004 Request for a Rezone of 5.49 acres from R-4 to R-15 (2.17 acres) and L-O (3.32 acres) for Rushmore Subdivision by SLC Investments, LLC -1021 West Pine Avenue: 11. Public Hearing: PP 06-021 Request for Preliminary Plat approval of 7 building lots and 2 common lots on 5.49 acres in proposed R-15 and L-O zones for Rushmore Subdivision by SLC Investments, LLC - 1021 West Pine Avenue: ~w~:~ ~l ~ ~ c l-e ~ ~l~~~ 12. Public Hearing: CUP 06-014 Request for a Conditional Use Permit for 24 multi-family dwelling units in a proposed R-15 zone for Rushmore Subdivision by SLC Investments, LLC -1021 West Pine Avenue: 13. Public Hearing: VAC 06-009 Request for a Vacation of a 10 foot irrigation easement along the west boundary of Lot 2 Block 7 of Gemtone Center No. 5 by DMHR Development, LLC - on Commercial Drive, west of Nola Road, north of East Franklin Road: ~ ~~~~ 14. Public Hearing: AZ 06-023 Request for Annexation and Zoning of 1.0 acres from RUT to R-2 zone for Martin Annexation by the Ada County Highway District -11 0 .Locust Grove Road: P~~~ ~/~ ~ ~~~ ~ ~~ ~ 15. Ordinance No.: ~ 6 " l 2 ~l : AN ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE REGARDING ZONING AND SUBDIVISION REGULATIONS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE: ,~ i~v~ Meridian City Council Meeting Agenda -July 5, 2006 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. P~tse Posi ~ 1~ubuc N~~ce =fha_nx~r!! ~- .~ -~. ~,, f-,. CITY OF 1~~~}- ~.~,Y'IPYI~IG~',Yl , [t}AHO ,yj SF ~/' e ~ ~~ ~ n~„~ v.uEV ~~E 1983 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Wednesday, July 5, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Glen Olsen, with LDS: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 6, 2006 City Council Regular Meeting: B. Approve Minutes of June 27, 2006 Pre-Council Meeting: C. Approve Minutes of February 16, 2006 City Council Special Workshop Meeting: 6. Department Reports: A. Mayor's Office: 1. Tabled from June 27, 2006: Marketinct Contract with Resource Center, Inc.: 7. Items Moved from Consent Agenda: Meridian City Council Meeting Agenda -July 5, 2006 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acxommodation for disabilfties related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~rox TX CT I ON REPORT Nok AS OF JUN 30 ' 06 ~ PRGE. 01 CITY OF MERIDIRN DATE TIME TO/FROM MODE MIN/SEC PGS CMDtt STRTUS 06 06/30 17:31 3810160 EC-S 01'08" 002 056 OK 07 06/30 17:33 PUBLIC WORKS EC-S 00'41" 002 056 OK 08 06/30 17:34 8848723 EC-S 00'41" 002 056 OK 09 06130 17:35 WATER DEPT EC-S 00'41" 002 056 OK 10 060 17:37 2088640744 EC-S 00'43" 002 056 OK 11 06130 17:38 POLICE DEPT EC-S 00'41" 002 056 OK 12 06/30 17:39 LIHRRRY EC-S 00'41" 002 056 OK 13 06/30 17:41 2083776449 EC-S 00' 41 " 0t32 056 OK 14 06/30 17:42 3886924 EC-S 00'42" 002 056 OK 15 06/30 17:43 P-RND-2 EC-S 00'42" 002 056 OK 16 06/30 17:44 FIRE DEPT EC--S 00'41" 002 056 OK 17 06130 17:45 208 888 2682 EC-S 00'42" 002 056 OK 18 06130 1?:47 208 387 6393 EC-S 00'41" 082 056 OK 19 06130 17:48 RDA CTY DEVELMT EC-S 00'40" 002 056 OK 20 06130 17:49 20t3~5052 EC-S 00'42" 002 056 OK 21 06/30 17:50 LRKEUIEtJ GOLFCOU G3-S 01'21" 002 056 OK 22 06/30 17:52 IDRHD ATHLETIC C EC--S 00'41" 002 056 OK 23 060 17:54 ID PRESS TRIBUh~ EC--S 00'41" 002 056 OK 24 06/30 17:55 2088886701 EC-S 00'41" 002 056 OK FI I°(J~ S e F'o s i tCv YtA,bu C Nq ~t c t° -1 r ttAx~.- !(I'. H 'a ~~,,~~ ~~**`r`~°~' CITY COUNCIL REGULAR ~.~V~~'Yl~t~-YI -° ~~ MEETING AGENDA IUANO ~j C~ r ,v ~ City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Wednesday, July S, 2008 at 7:00 p.m. °Although the City of Meridian no longer requires sovom testimony, a!I Rresentations before the Mayor and City Council are expected to be truthful and honest to best of dae abllify of the presenter." 1. Roll-call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Gten Olsen, with LC13: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of Jum 6, 2006 Gill Council Regular Meeting: B, Approve Minutes of June 27, 2006 Pre-Council Meeting: C. Approve Minutes of February 16, 2006 City Council Special Workshop Meeting: 6. Deparbnent Reports: A. Mayor's Office: 1. Tabled from June 27, 2006: M_ _ arketina Contract with Resource Center. Inc.: 7. Items Moved from Consent Agenda: Mendrsn City Council AAeeting Agenda - Juiy b, 2006 Page ~ oP 2 All materials presented at public meetings shall become pmperiy of tha City of Meridian. Anyone desiring accanmodaban for disabilities rated to doannents arbor hearing, please eor>tact the City Cleric s Olfioe at 0984433 at least 48 hours prior to the public meei"mg. >~ TX CONF I RMA~N REPORT >~ AS OF JUN 30 '0~ 1807 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 01 05130 1807 8985501 MODE MINiSEC PGS CMDti STATUS EC--S 00'41" 002 056 OK pl~Se Nisi ~ Yu~buC NU~trt° -Ir~c~..r~t, ~_ ~ ~~ ~ ~~~ pp ~~ <:~r,~ o~~ _ -'°~ v ~~~Y~~Y1Gl~1~J~? .y M IUANO ~I~ C~ ,Y CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Wednesday, July 5, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Shaun Wardle Joe Gorton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Glen Olsen, with LDS: 4. Adoption of the Agenda: 5. Consent Agenda: A. Appr®ve Minutes of Jun® 6, 2006 City Council Regular Meeting: B. Approve Minutes of June 27, 2006 Pre-Council Meeting: C. Approve Minutes of February 16, 2006 City Council Special Workshop Meeting: 6. Department Reports: A. Mayor's Office: 1. Tabl®d from June 27, 2006: Marketing Contract with Resource Center. Inc.: 7. Items Moved from Consent Agenda: Meridian City Council Meeting Agenda -July 5, 2l]~ Page 1 vI 2 All material presented at public meetings shag bec~ne properly of the City of Meridian. Anypne desiring accammotlation for disabilities related to documents and/or hearing, please contact the City ClerKs Office at 8681433 at least 48 hours prior to the public meeting. • Meridian Citv Council Meeting July 5, 2006 The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Wednesday, July 5, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree, and Joe Borton. Others Present: Bill Nary, Will Berg, Anna Canning, Gene Trakel, Joe Silva, Len Grady, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. Good evening. Thank you for joining us. It is Tuesday -- I'm sorry. It is Wednesday. We never meet on Wednesdays. But it is Wednesday, July 5th. It's five minutes after 7:00. We will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. If you will all rise and join us in the pledge of allegiance. (Pledge of allegiance recited.) Item 3: Community Invocation by Bishop David Keeley with LDS: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Bishop David Keeley with the LDS Church. If you will all rise and join us in the community invocation or take this opportunity for a moment of silence. If you will step up to the microphone, please. Keeley: Our Father in Heaven, we are, indeed, grateful for this opportunity that we have to be gathered as members of this great nation here upon this earth. We are grateful for this opportunity that we have to discuss the affairs of men and for the great Constitution which thou has set forth in these, the latter days, to enable us to grow and to have the freedoms that we have and we are grateful for those freedoms. We would ask for thy blessings to be upon this meeting this evening, Father, that it will be here to inspire those who will be part of this meeting that they will be able to look for the greatest good amongst the people of Meridian city. We pray for this Council and for our Mayor. We ask thy blessings upon them, that they will be inspired to be able to read the Meridian City Council July 5, 2006 Page 2 of 29 minds of the people and to do that which is in their best interest. And, Father, we now invoke that presence here this evening and do so in the name of Jesus Christ, amen. De Weerd: Bishop, I would like to present you with a City of Meridian pin for joining us this evening and thank you. Keeley: Thank you. De Weerd: Council, I would also like to thank you for carrying on business in my absence. I guess I was struck with our invocation. I have spent the last two weeks with my family. One, certainly advocating for transportation relief with our congressional delegation, but, two, we spent a lot of time walking through the years of the Revolutionary War and how liberty and freedom came to pass here in our country. So, I appreciate you carrying on business and, certainly, I feel a lot richer in having the historical basis that I gained during our vacation and survived 24-7 with my family, so -- Canning: Did you survive or did they survive? Item 4: Adoption of the Agenda: De Weerd: Both. It was a mutual thing. Item No. 4, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have been asked to add one item under Department Reports. The City Clerk would like to discuss a fireworks item. And the last item, No. 19 -- or 15 on the regular agenda, the ordinance number is 06-1241. And with that I move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion to approve the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of June 6, 2006 City Council Regular Meeting: B. Approve Minutes of June 27, 2006 Pre-Council Meeting: C. Approve Minutes of February 16, 2006 City Council Special Workshop Meeting: Meridian City Council July 5, 2006 Page 3 of 29 De Weerd: Item No. 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as approved and for the Mayor to sign and the clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. Tabled from June 27, 2006: Marketing Contract with Resource Center. Inc.: De Weerd: Thank you. Item 6 is from your agenda last week. I apologize that I didn't have a written summary. This is for a marketing contract with the Resource Center to support our economic development efforts. The funding for this is not tax dollars; it is money that was raised last year from economic development partners. I understand that one of the concerns was trying to share this with other funding partners. Well, it is, it's one hundred percent funded from outside dollars. So, I did want to be available, too, if you had any questions on it. Mr. Wardle? Wardle: Thanks. Madam Mayor, if you will remember, my -- and I will apologize again, I didn't have a thorough presentation for the Council on this item. I had, additionally, some funding questions, which Cheryl Brown indicated -- if we remember, the economic development group that was put together, private donations were raised, one of the things that was asked of that group what specifically would they like to see your donation put towards and one of the top priorities for them was a marketing piece that could enable them to do more in the city to attract more business. So, for that clarification, there you have it. De Weerd: Thank you. We also e-mailed all of the funding partners, as well as the Economic Advisory Council, and gave them an overview of what has happened over the Meridian City Council July 5, 2006 Page 4 of 29 last year and what some of those dollars would be spent for and we got agreement in the direction that we were going with their -- spending their dollars. So, are there any other questions on this? I would also like to note in my discussions with our congressional delegation, in addition to our transportation discussions, I did talk about the medical, health, science district and they are very excited about the direction the city is going in that and want to be involved in any and every way they can. So, this marketing package will also help in assisting them and some of the rolls that they can play in the success of that district. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: One question. I see on -- it's on page 17, makes reference to the logo redesign. Is that changing the entire logo for the City of Meridian or is it part of this ED program or what? De Weerd: That is working a logo that compliments what the city has in more specific to the economic development aspect of it. Gorton: They are not changing -- or just the -- De Weerd: No. No. Borton: Thank you. De Weerd: Any other questions, Council? Rountree: I have none. De Weerd: I would seek your direction. Do you need further information or do you feel comfortable moving forward with this contract? Borton: Madam Mayor? De Weerd: Mr. Borton. Gorton: I'm curious. This is -- the funds went privately to -- donated to the city, then, the city's going to use those funds for -- De Weerd: Yes. Borton: Okay. De Weerd: They have been held in a specific line dedicated specifically and it was budgeted during the last budget year on this specific category. Meridian Ciry Council July 5, 2006 Page 5 of 29 Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I guess one of the clarifications that I had for Councilman Borton is -- I mean the term tax dollars -- these are still dollars that the city will be expending and so we need to budget and appropriate them correctly and they fall under all those sorts of things that -- the question the city asked is with this additional revenue coming in as a donation, we ask for recommendations from the people that are donating the funds as to what they would like to see and how that could further the economic development in Meridian. So, I guess in that respect we are still charged with the stewardship of the dollars that have been donated to the city and we are still, as I understand from Cheryl Brown, seeking additional funds and we are -- it's an ongoing effort. Part of the comments from Councilman Bird and some of the others is partnering with Chamber of Commerce's additional organizations, those efforts are still underway, so that it hasn't stopped any of this -- these dollars were appropriated out of funds that had already been contributed. De Weerd: Yes. We did carry them forward into this budget year and we did carry them forward under the line item of promotional and marketing activities. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: If there aren't any further questions, I would move that we approve the marketing contract with Resource Center, Incorporated. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the contract with Resource Center, Inc. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. City Clerk -Kenny Hamilton fireworks request. De Weerd: Thank you, Mr. Berg. Item 6-B is yours. Discussion on fireworks. Berg: Thank you, Madam Mayor, Members of the Council. Today I had a request from Kenny Hamilton to extend his fireworks display permit to July 8th. He used some very common sense in not displaying his fireworks last night and he would like to display them this Saturday. Meridian City Council July 5, 2006 Page 6 of 29 De Weerd: Okay. Council, any questions or concerns regarding that? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm all for it, because he's already paid for them and they are sitting here. Our fire department, I understand, has no problem with it. He -- like Will said, he used common sense with the wind blowing and stuff, not to shoot them things off and there is no -- Rountree: If that's a motion, I'll second it. Bird: All right. That's a motion. De Weerd: That's an interesting motion, but we can handle it. Wardle: Madam Mayor, just one point of clarification. De Weerd: Yes, Mr. Wardle. Wardle: What time are they going off, Mr. Berg? Bird: Dusk. De Weerd: At dusk. Wardle: At dusk. Okay. After the races. Thank you. De Weerd: After the races? I hope it's -- historically they have done it at dusk. Bird: They do it at dusk and it will -- then, they will finish up the race. De Weerd: Joe, do you have any concern? Silva: Madam Mayor, Members of the Council, I was at the speedway yesterday and I had done a site inspection of the fireworks show and everything seemed to be in order and I echo the sentiments that it would have been -- probably be a risky thing with the winds being as unpredictable last night as they were and we appreciated Mr. Hamilton's willingness to cancel the show last night. De Weerd: I might note that our fire department did put out a request to cease fireworks during the windstorm and, in particular, to all the calls for service that we had last night. There were an extraordinary amount of it and I know that chief had sent out a summary of some of the happenings and this is one good steward that stepped up and did not set those off. So, just a heads up, then, to the police department and the fire department Meridian City Council July 5, 2006 Page 7 of 29 that this will, then, go on and I will ask Shelly, our communications person, tomorrow to help advertise for the speedway, that this will be going on, so our citizens can be in attendance to enjoy it. Okay. Thank you. Berg: Would you like to vote? De Weerd: I'm sorry. Oh, yeah, you want to vote on this. Okay. I do have a motion and a second. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: There were no items moved from the Consent Agenda. Item 8: Public Hearing: RZ 06-003 Request for a Rezone of 3.13 acres from R-4 (Low-Density Residential) to L-O (Limited Office) zone, including modifications to the existing Development Agreement for Lochsa Falls Subdivision for Hastings by Monterey, LLC - 2300 West Everest Lane: Item 9: Public Hearing: VAC 06-006 Request for a Vacation of the existing public utilities, irrigation and lot drainage easement on both sides of the lot line common to Lots 46 and 47, Block 49, Lochsa Falls Subdivision No. 12 for Hastings by Monterey, LLC - 2300 West Everest Lane: De Weerd: Thank you. Okay. Items 8 and 9 are public hearings on RZ 06-003 and VAC 06-006. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Hastings project. It's located south of Chinden Road near Long Lake Way. It's these two lots on Everest Street. Everest Street is a private lane. As you can see from the zoning designation, it's currently zoned R-4. These office lots or office and retail lots were approved with Lochsa Falls development. The thought at that time was to not get different zoning on these, to keep the original residential zoning, but at my request these -- the applicant has offered to rezone the property to L-O to reflect the allowed uses on that property. So, you have two applications before you. One is the rezone request and one is the vacation of easements for the -- that runs down the side lot line between those two properties. The rezone is for 3.13 acres and it would be from R-4 to L-O. And, again, that's to make the zoning consistent with the uses that were approved through the planned development. And the vacation is for the existing public utilities, irrigation, and lot drainage easement. This area will be replatted through the short plat process. It is two lots currently. And this is what the new development will look like. And here you can see the two lots. They are proposing a total of one, two, three, four, five, six, seven, eight structures eventually. And we do -- we have approved short plat applications Meridian City Council July 5, 2006 Page 8 of 29 currently for this project as you see it, they are just waiting on the rezone before they can be signed and recorded. The two structures in front were the subject of a Conditional Use Permit earlier this year. Each lot is required to provide a Conditional Use Permit -- or gain conditional use approval before construction and that -- I have some elevations of that, just so you can see what kind of structures they are looking at. These weren't really part of this application, but I knew you would want to know what they were putting on there. So, here is some elevations. The notification for this project mentions a development agreement modification and to our knowledge one is not required. We are not sure if that was put on at the applicant's request. The Commission -- Planning and Zoning Commission voted to recommend approval at their May 18th, 2006, Public Hearing. Nate Hosac spoke in favor at that hearing. No one spoke in opposition or commented. The key issues of discussion were a sidewalk requirement on the south side of the property along the north side of Everest Lane. And, again, this is a private street and this private street came up in discussion when we were talking about the -- it's either Knight Hill or Knight Sky, I forget which one is here at the corner. And there was discussion about getting sidewalk along this Everest Lane. So, after that hearing we went to these folks and said we really need the sidewalk here on the south side of Everest Lane and they said they were -- agreed to do that. So, we will get those -- as each lot develops we will get that sidewalk through there. The key Commission changes to staffs initial recommendation were they accepted the applicant's willingness to construct a five foot sidewalk on the south side of the property. To our knowledge there are no outstanding issues before Council and I will answer any questions you may have. De Weerd: Thank you, Anna. Any questions from Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Anna, did you say that the sidewalk on the south side of the property, north side of Everest Lane, the south side of Everest Lane? Canning: That probably wasn't very clear. It's the south side of their property, so it's the north side of Everest Lane. Borton: Okay. De Weerd: Okay. Any other questions? Is the applicant here? If you will, please, state your name and address for the record. Carter: My name is Bill Carter. My address is 10221 West Emerald Street in Boise. 83704. De Weerd: Thank you. Meridian City Council July 5, 2006 Page 9 of 29 Carter: Madam Mayor, Members of the Commission, I don't have any formal comments to add to the staff report. I thought in the interest of time what I could do is -- you know, with the absence of opposition and approval from staff, that I just answer any questions you have, otherwise, I'll leave it open. De Weerd: Okay. Council, any questions for the applicant at this time? Rountree: I have none. De Weerd: Okay. We will see if anyone's here to testify. Public Hearing. Is there anyone who would like t application? Okay. Hearing none, Council, do you applicant? Bird: I have none. Rountree: Madam Mayor, I have a question for Anna. De Weerd: Okay. Thank you. Okay. This is a o provide testimony on this have any questions for the Rountree: Anna, with the addition of the sidewalk now on that particular private road, is there any possibility of working with the homeowners association or the developer to connect that sidewalk with the Long Lake Way sidewalk? Because now you just kind of have a common area that will or won't be used as a sidewalk and people will or won't be in the road, if, in fact, there is any pedestrians there at all. Canning: And, in all honesty, we hadn't thought about that until I was making the presentation, I thought, oh, we are missing a segment there to Long Lake Way. We can talk to them or perhaps they are willing to commit something. It's adifferent -- those lots have been sold, so they are different folks at this point. Rountree: I'm not asking that of-the applicant, I think that's something that we need to look at and see if we can figure out how to do it. Canning: We will try and figure that out. If they were a public right of way it would be a little easier, but it's all private. We will keep that in mind and we will try and get that done. Rountree: Thank you. De Weerd: I don't know how, but we will try. Rountree: Magic. De Weerd: We know you can do miracles. Okay. Do you have anything you would like to add? Meridian City Council July 5, 2006 Page 10 of 29 Carter: No, I don't have any further comments. De Weerd: Okay. Thank you very much. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Seeing no further comments, I move we close the Public Hearing on Items 8 and 9. Rountree: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 8. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 8, RZ 06-003. Borton: Second. De Weerd: Okay. I have a motion to approve Item 8. Any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 9. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 9, VAC 06-006. Borton: Second. Meridian City Council July 5, 2006 Page 11 of 29 De Weerd: Okay. Motion to approve Item 9. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: RZ 06-004 Request for a Rezone of 5.49 acres from R-4 to R-15 (2.17 acres) and L-O (3.32 acres) for Rushmore Subdivision by SLC Investments, LLC - 1021 West Pine Avenue: Item 11: Public Hearing: PP 06-021 Request for Preliminary Plat approval of 7 building lots and 2 common lots on 5.49 acres in proposed R-15 and L-O zones for Rushmore Subdivision by SLC Investments, LLC - 1021 West Pine Avenue: Item 12: Public Hearing: CUP 06-014 Request for a Conditional Use Permit for 24 multi-family dwelling units in a proposed R-15 zone for Rushmore Subdivision by SLC Investments, LLC -1021 West Pine Avenue: De Weerd: Thank you. Items 10, 11 and 12 are public hearings on RZ 06-004, PP 06- 021,and CUP 06-014. I will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Rushmore project. It's located at 1201 Pine. There is the Pine frontage. It is a long narrow lot. It also has two stub streets that stub into the east boundary. Just to orient you, Rock Creek and Roundtree and Treymore are located to the west of this property. This is the plat. Again, it's a very long, narrow piece. This is Nine Mile Creek. This first lot will be a church lot and, then, this will be amulti-family lot. The church lot is proposed. They are proposing to rezone from the current R-4 designation to L-O and that would be for 3.32 acres and, then, on the remainder of the portion at the south they would rezone 2.17 acres to R-15. The preliminary plat approval is for six multi-family building lots, the one church lot, and two common lots. And they are also requesting conditional use approval to construct six multi-family dwellings and each one of these would have four units. There are four-plexes. So, for a total of 24 units. The applicant is providing a number of amenities and that includes a bike storage area, a property management office, maintenance storage area, a development map or directory, A tot lot. And, then, walking paths and open space. This -- this multi-family portion connects to the stub street here and provides a cul-de-sac, basically, on the property and, then, the drive aisles kind of connect around the cul-de-sac as shown. I do have elevations. This is the front. The rear. And those are the side elevations. You can see they have pretty generous porches on them. On this one I wanted to show the layout of the Rock Creek Subdivision next to it. You can see that there is four four-plexes along that boundary as well. And, then, you have the railroad down here. The Planning and Zone Commission recommended approval at their May 18th Public Hearing. Michael Vance and Ken Redford spoke in favor of the application. No one spoke in opposition or commented. Meridian City Council July 5, 2006 Page 12 of 29 The key issues of discussion by the Commission were the appropriate width and construction timeline for the street buffer along Pine Avenue. So, that's on the north property lot here. There is a Friends church currently on the site and you can kind of see their parking layout. They currently in a portion of it have just a seven foot buffer along Pine. And the fencing and, then, the neighborhood interconnectivity were the key issues of discussion. The key changes to staffs recommendation were they recommended allowing the landscape buffer along Pine Avenue to be constructed when the church expands. So, it wouldn't happen at this time. But they did put a provision in the development agreement or they modified a provision in the development agreement that would say that when the new construction occurs on the church lot, that at that time the landscaping and the landscape buffer along Pine would be brought into compliance with the UDC. So, it's a 25 foot requirement along Pine Avenue. So, it wouldn't have any impact at this time, but when they wanted to add new structures, which we understand may be fairly soon. As soon as they get their L-O zoning, they may want to move that structure on there. Rountree: It's sitting there now. De Weerd: Yeah. It's waiting to go on. They got the Seventh-Day Adventist Church from where the Walgreens is going in and they moved it to the site. It's waiting to go on the site, so development of the church property will be coming shortly after this zoning, assuming that it's -- the rezone is approved. So, to our knowledge there are no outstanding issues before Council and I will answer any questions you may have. De Weerd: Anna, what is the fencing material on the south piece abutting the railroad? Canning: I don't know for sure. I can look it up or if the applicant has that information that would -- I don't have it right now. De Weerd: Well, I guess I asked that, because we did discuss that when we did the tour of the rail corridor and Councilmember Bird and we had discussed what is appropriate material along that rail corridor. The rail corridor or the Idaho Northern was concerned about the flammable situation that's right there. And, actually, I thought they actually set us up by having some kids out there burning planks off of one of the wood fences, but they really didn't set that up, it just was all in timing; right? So, I -- that's why I asked that question. Is the applicant here? If you will, please, state your name and address for the record. Vance: Madam Mayor, Members of the Council, my name is Michael Vance. My address is 4585 East Victory Road in Meridian. I believe staff has done a great job -- a short-handed great job in getting through this. There are a couple of items that I believe have just been resolved. My main concern was the development agreement I had understood applied to the entire parcel and I would like that only to apply to the piece that is being developed, which is the southern half of the Meridian Friends church. I believe it to be unfair to hold them up from development or adding buildings to their piece, when the bottom piece may take a year to do, if you understand what I'm trying to Meridian City Council July 5, 2006 Page 13 of 29 say here. So, as I understand Anna, if the rezone is approved tonight, then, the Meridian Friends church can proceed with putting their additional building on without a development agreement being in place. That's my understanding. Okay. If a development agreement needs to be in place, this could be a very long process. A development agreement may take six months to a year to get done. My hope was that the church could go ahead and do what they are going to do, let their -- let their piece of ground be rezoned to L-O and let the development agreement fall on -- on the people who really need to produce the development agreement, which is for water, sewer, you know, all of the things that need to be done. The church doesn't need to do anything, other than apply for a building permit. So, I really don't want to hold them up when they have already got a building and a plot plan ready to go and, as I understand it, a building ready to go. So, you can understand my concern. The other concern that I have is with the staff recommendation for Pine Street buffer, which needs to go in with the church development, should they develop. We believe that there was a Conditional Use Permit on 3/7/2000 that allowed a seven foot buffer to go in and that the church has done that. If, at the church development, an additional buffer, 20 foot buffer, is required, it will wipe out a whole lane of parking that these folks have put in. They have in hand -- and Ihave arepresentative from Design West here tonight. They have in hand an approved Conditional Use Permit for the landscaping and the buffer that was done back in 2000. So, with that, this is a joint effort with the church. I do not want to -- or I would ask you not to hold them up for a development agreement that really belongs to how big, how tall, how deep, where is the sewer going -- all the things that go into a development agreement, when the church just wants to put in a building. So, with that I would be happy to answer any questions and, of course, we would -- we would ask that you approve this project. Thank you. De Weerd: Council, any questions? Bird: Not at this time. De Weerd: Okay. Thank you. Okay. I do have a couple of people who signed up in support of this application. If, when I read your name, you would like to provide testimony, you are certainly welcome to come forward. Mike Vance. Signed up for. Oh. Sorry. Yeah. It's the Michael that threw me off. Jim Main. For. Main: Jim Main. 216 Southwest 5th, Meridian. 83642. De Weerd: Thank you. Main: Ihave just recently been retained by the church to do a building project for them, so Mr. Vance's comments were correct, as soon as the church receives their zoning they are ready to plant the building and do the work around it. At the -- I wasn't available, I wasn't retained at the time of the Planning and Zoning meeting. However, since, then, we have obtained the Conditional Use Permit and I did meet with Caleb at Planning and Zoning and we reviewed that. He recommended that we come here and, then, present, that to you. In the Conditional Use Permit Michael spoke wrongly, it was, Meridian City Council July 5, 2006 Page 14 of 29 actually, a four foot landscape buffer that was required. The church built that and they have six -- six to eight parking spaces in that location right now. So, to require them to go back and change that to a 20 foot buffer would wipe out those parking spaces, they would have, then, have to reproduce somewhere else on the site to get their parking. With that I can stand for questions if you have any. De Weerd: Council, questions? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Is there a time on the conditional use? Was there a time limit on that that you could find? Main: Nothing that I could find on it, no, sir. It was signed by the City Council on March 7th of 2000. Bird: But no time was set, though? Main: No time. Bird: Okay. Thank you. De Weerd: Okay. Any other questions? Okay. Canning: Madam Mayor -- De Weerd: Anna. Canning: -- Members of the Council, perhaps I should chime in here. The Conditional Use Permit at that time, I think, acknowledged the existing deficiency of the landscape buffer. On the new land -- on the portion of the parking lot that they were required to build, they made them meet the standards. Now, that was for that use and that structure at that time. New construction needs to comply with the UDC. The UDC specifically calls out nonconforming parking lot design and layout as a nonconforming use. You can extend a nonconforming use or extend the use of the site with conditional use approval. So, if the church wants to go through conditional use approval, they could keep that parking lot landscaping. They have got two driveway cuts in an area where we would normally see one these days. So, it's deficient in more than it's landscaping buffer. It's not -- it's not a real great design right now. So, a new use does trigger new application and the new application does need to be consistent with the UCD. There is a mechanism for them to get there if they don't want to bring it up to comply with code at this time. Meridian City Council July 5, 2006 Page 15 of 29 De Weerd: Thank you. Is there anyone else who would like to provide testimony on this application? Okay. Seeing none, does the applicant have any final comments? Main: Madam Mayor, I have no further comments. I'd be happy to answer any questions. De Weerd: Okay. Council, any questions for the applicant? Thank you. Bird: Madam Mayor? Canning: Mr. Bird. Bird: I have a question for Anna. On the development agreement, Anna, do you feel the whole project needs it? Canning: I suppose we could. The only unusual provision on that development agreement is the one with regard to the church. So, to exempt them from that, there is still the code to fall back on. I think Mr. Vance may be familiar with the development agreements in other places. I don't think ours takes that long to achieve. You don't have to do any construction, it's just a matter of getting signatures agreeing to the development agreement. The necessity of the development agreement is more of the R-15 zoning on this property. In the event that this layout and this subdivision don't occur, you would want the ability to have more review over a subsequent development of that property. So, there are reasons that both are included. I suppose the church could be taken out, but I think that it's important to address this issue tonight, so that they understand what requirements they will have. Bird: Follow up, Mayor? De Weerd: Uh-huh. Bird: Okay. And, then, the CUP, in your mind, is not applicable here regarding this and the landscaping and stuff? Canning: Madam Mayor, Councilmember Bird, I think it is. If they want to keep the existing parking layout at the front while they are expanding the site in general, then, they will need conditional use approval. Bird: The existing one, though, you don't -- is being wiped out; right? Canning: Yes. That's how I see it. Bird: Okay. And we are going back to a thing that I felt happened on Eagle Road, where all of a sudden on Pine Street, going to have a 25-foot buffer, where nobody else done there has -- five foot buffer, other than them. And we have approved some things -- I mean Sunbridge and some of them built way back, so they do have a driveway Meridian City Council July 5, 2006 Page 16 of 29 buffer, but the apartments I don't think have a 25-foot buffer. That would be a real shock if it is out there on the corner. The thing that was approved before did not have 25 that they have built. My way of thinking is I'd sooner see them have parking in there and a buffer, than have parking out on Pine Street on Sunday mornings. De Weerd: Anna, what was the requirements for -- I know that the retirement center in Treymore has that kind of a buffer. What did those apartment buildings have? Canning: I can't tell from this photograph, but when this church came through the last time, there was a 20-foot requirement and most of those developments are since that time. So, I would anticipate we had at least a 20-foot buffer all the way along here, up to in -- you know, these properties are just individual home sites, but Pine will be classified as a minor arterial I think, so that's what would have bumped it up from the 20 to the 25. It did change designation from a collector to an arterial, but it's been a collector and had a required buffer since the city's required buffers. De Weerd: Well, I guess I would agree with Councilman Bird, as long as -- to be consistent with what the buffer is for the adjoining properties that have recently developed. If that was 20 at that time, that 25 seems alittle -- Canning: I think there is certainly argument for 20, but -- because the east portion of this site has 20 feet. It's the west portion that's very small. And, then, I know Rock Creek has at least 20 feet and I think the Treymore building is back there. Mayor: Mr. Bird. Bird: Anna, can I interject something? I would -- I wouldn't disagree if this was being used as an office seven days a week or five days a week, but we are talking about one day a week and, then, possibly two on a Wednesday night where I don't think they have the crowd that they probably do on Sundays. I think -- I think there is some grandfathering along there, even though I know that isn't the right verbiage to call it, but I just would sooner see them have less landscaping and more in parking, than have cars parked on both sides of Pine Street to go to church and I -- you know, Ithink -- I think in 2000 we argued this same -- same argument on this setback in the CUP, was we didn't want to see anymore parking out on Pine than we had to have and we felt that parking at that time on site was better than having extra landscaping and I -- there was two of us here that -- that voted that way. Maybe three? No? I just think we need to really take a practical look at it and see what -- what is the betterment for the overall neighborhood down there and, I don't know, Ijust -- you're not going to stop parking on Pine anyway, but if you take away that deal -- and if you -- you know, if they have to find seven parking spots someplace else, then, you take away what -- what green space they got around their place back there, so -- I don't know. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council July 5, 2006 Page 17 of 29 Wardle: I have a procedural question for either Mr. Nary or Anna. Anna, I heard you say that the -- to consider what I guess I would consider a variance from the UDC, which requires that buffer, we -- or the applicant would be responsible for bringing back another Conditional Use Permit? Canning: Yes, sir. To my knowledge that's the only way for them to achieve that. Wardle: So, we can°t -- I guess while we are having some discussion about it, can we hear it tonight and decide it tonight or we don't even have that ability? Canning: No. Wardle: Thank you. De Weerd: So, you don't have that ability to change it to the 20-foot, instead of the 25 foot? Canning: Not administratively. De Weerd: Okay. So, it's immaterial at this point. Canning: Unless Mr. Nary has some other mechanism, but, to me, the code's pretty clear that this is the -- would be -- that the further development of this property would be an expansion of the nonconforming use of the parking lot. De Weerd: So, Mr. Nary, would you have anything you would like to add? Nary: No. De Weerd: Oh, what rarity. I knew if we caught you off guard we'd get the right answer. Canning: Madam Mayor, you had asked about the fencing materials and the applicant didn't respond to that. De Weerd: Yes. I was, actually, going to ask him. But this -- this didn't seem to have concluded the prior conversation. Mr. Wardle? Wardle: Madam Mayor, just before you ask, if Mr. Nary would comment on the applicant's request to, essentially, separate the development agreement. Do you see that as an issue in this case or -- Nary: Madam Mayor, Members of the Council, Councilmember Wardle, I guess the problem is in trying to separate that is that this is one project and one parcel and so the development agreement applies to the whole -- the whole parcel. So, I don't know how we would separate that. I don't know if that was discussed with the planning staff on Meridian City Council July 5, 2006 Page 18 of 29 trying to create a separate development agreement for just the rezone portion that's just the L-O and the R-15. They don't take six months to a year to do a development; it takes maybe a couple of months, So -- at most. De Weerd: Is there an opportunity for an administrative split? Canning: Madam Mayor, Members of the Council, no, because portions of it are residential at this point. But you do have a legal description for the R-15 portion, so you could use that legal description to define the boundary of the development agreement. Nary: As long as there is a way -- Madam Mayor, Members of the Council, as long as there is a way for us to distinguish them -- I just think what's the concern that was raised by the applicant about it delaying one project, the rezone isn't done until the development agreement is done. So, if the apartments is the portion that the development agreement is going to relate to, then, it's not going to make any difference if the L-O is attached to it. But if we can separate them by property description, we can do that, that's not a problem. De Weerd: Okay. If the applicant could come forward and address fencing. Vance: Fencing on the southern boundary? De Weerd: Yes. Vance: If you do not -- or if the Council does not it want to be flammable, it can be chain link, it could be anything that we can come up with that is not flammable. Not wood. Certainly chain link. I'm not sure that the slats that go in aren't flammable or they may melt. I'm not sure, but -- De Weerd: I do think that they did have some suggestions that they gave to staff. Vance: We would be happy to entertain those. De Weerd: Okay. Vance: Madam Mayor? De Weerd: Yes. Vance: I'm really not trying to cause a problem here, believe me, because I would like the project approved in its entirety. De Weerd: No. We appreciate your sensitivity to the church. Vance: All I'm trying to do it -- you know how long it takes to get a regular development approved? I'm just trying not to -- Meridian City Council July 5, 2006 Page 19 of 29 De Weerd: Apparently you haven't worked with the City of Meridian, because we are very fast. Vance: Okay. Thank you. De Weerd: Aren't we, Mr. Attorney? Nary: Absolutely. Rountree: Sometimes. De Weerd: Okay. Anything further by the Council? Anna, any further information you need? Canning: Madam Mayor, no. They do not have any fencing plans at this point. So, if you would like nonflammable fencing on the southern boundary, if you have a preference for how that looks, whether it provides screening, chain link with slats is not a screening material. De Weerd: I do know that in that discussion there were ideas discussed and at this point I don't remember, but if you could work with the applicant on some options, maybe even contact Idaho Northern and you can help recall the discussion on that. Mr. Bird, do you remember what was done? Bird: I don't know, but it's got to be nonflammable. I mean chain link or -- and I think you can get slats -- those aluminum slats, which is -- the wood ones along there, the way -- the way the right of way is kept on the railroad, you know, the weeds grow up about six feet anyway, so -- and they are real flammable. I just -- I think chain link would.-- and if you want to put some slats in it -- slats, that's fine, as long as they are aluminum. De Weerd: Whatever fits in the character of your project and the quality you're looking for. Bird: I thought the railroad was very plain saying what they -- you know, they wanted -- they'd love to get rid of anything that's flammable along there. De Weerd: Okay. Council, any further information? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Anna, you made a comment about concerns with interconnectivity, the layout? Meridian City Council July 5, 2006 Page 20 of 29 Canning: Madam Mayor, Members of the Council, Councilmember Borton, I think what it was -- the discussion was about the -- probably the stub streets and also the pedestrian pathway. There is a pedestrian pathway proposed on the north side of Nine Mile Creek and that continues through Rock Creek and through Treymore and, then, Roundtree had a path on the south side as well. I think it just connects into this small portion of Rock Creek and ends kind of in that general area. So, it was just a general discussion about circulation. This stub street was not required to be brought through or picked up in Rock Creek, so there is no opportunity for the applicant to extend that to the west. Neither of these. And, then, the church isn't developing the southern portion. They do have a stub street there. De Weerd: So, I guess will the pathway connect, then? Canning: Yes. It connects all the way up and, then, it comes up and connects to Pine. So, it will come from here all the way to Pine. I don't believe we have it in this location just yet. De Weerd: Okay. Does that answer your question? Borton: It did. De Weerd: Okay. Anything else? Okay. Council? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Hearing no further need for information, I move we close the public hearings on Items 10, 11 and 12. Rountree: Second. De Weerd: Okay. I have a motion to close Items 10 through 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just aquick -- Mr. Nary, the development agreement is required in the rezone; is that correct? Nary: Yes. Meridian City Council July 5, 2006 Page 21 of 29 Wardle: Madam Mayor, I would move that we approve Item No. 10, RZ 06-004, requiring a development agreement on the legal description of the property on the southern half of the R-15 portion. Within that development agreement also specifying a nonflammable fencing material on the southern portion abutting the railroad right of way. Bird: Second. De Weerd: Okay. I have a motion to approve as stated and a second. Any discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 11. Wardle: Madam Mayor? De Weerd: Yes. Wardle: I move that we approve Item 11, PP 06-021. Borton: Second. De Weerd: Okay. A motion to approve Item 11. Any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. And Item 12. Wardle: Madam Mayor, I move that we approve Item 12, CUP 06-014, including the fencing material on the southern portion of the property. Borton: Second. De Weerd: Okay. I have a motion to approve Item 12. Mr. Bird? Bird: Okay. I got a question. By approving this, does this require the 20-foot or 25-foot buffer? Rountree: That's just for the R-15 zone. Bird: Just for the R-15 zone? Meridian City Council July 5, 2006 Page 22 of 29 Rountree: That's what it says. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Point of clarification. My understanding was that this Conditional Use Permit approves the elevations that we have seen tonight on the buildings, open space requirements, amenities and, as direction from staff, any changes to the allowed buffer within our zone would need to come back forward in an additional Conditional Use Permit. De Weerd: Okay. Did that answer your question? Bird: Yeah, it did. I didn't like it, but it did. De Weerd: Okay. I would ask that, Anna, if you can have a staff member work with the applicant -- or with the church and let them know specifically what they would need to do. Okay? Canning: Okay. De Weerd: Okay. If there is no further discussion, I do have a motion to approve Item 12. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: VAC 06-009 Request for a Vacation of a 10-foot irrigation easement along the west boundary of Lot 2 Block 7 of Gemtone Center No. 5 by DMHR Development, LLC - on Commercial Drive, west of Nola Road, north of East Franklin Road: De Weerd: Okay. Item 13 is a Public Hearing on VAC 06-009. We will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a vacation hearing. It is for the Lot 2, Block 7, of Gemtone Center No. 5, located right at the end of Commercial Street. Here is the property. See the rest of Commercial Street developed there. This is the easement in question. It's down this property line. I think that the applicant has purchased the adjoining property and wants to vacate the easement. The easement is for irrigation and it was presumed to facilitate the placement of the pressurized irrigation system down that lot line. This is an unusual case. It's Nampa-Meridian District, but Settler's Irrigation District is providing the pressurized irrigation. They thought they Meridian City Council July 5, 2006 Page 23 of 29 might bring it down to this portion of the subdivision. You may recall this is a very odd subdivision. It comes up and around like this. And they didn't bring the pressurized irrigation down to this property. So, the irrigation easement is not needed. We have received all the necessary relinquishments and your staff report recommends continuance, but we just got the needed relinquishment today, so you don't need to have Findings for this approval, therefore, you can go ahead and act on it tonight if you want. And to our knowledge there are no outstanding issues before Council. De Weerd: Thank you, Anna. Any questions for staff at this time? Rountree: I have none. De Weerd: Okay. Applicant. If you will, please, state your name and address for the record. Smith: Good evening, Mayor, Council. My name is Gary Smith. My address is 3917 Kootenai Street in Boise. 83705. De Weerd: In Boise? Smith: Yes, ma'am. De Weerd: Okay. Thank you. Smith: Thank you. As Anna mentioned, we went through the entire procedure as outlined in their application process and appreciate her report tonight. It's thorough as usual. We did contact Nampa-Meridian Irrigation District and Settler's and they both did send their no objections to vacation of the easement. The applicant -- the reason the applicant is requesting the vacation is so that they could facilitate a drive down unloading ramp for trucks that would be utilized by the tenants of the building that they are proposing to put on this lot and they would locate that drive down unloading area adjacent to the property line. That's about all I have and we respectfully request your approval of this request this evening. And if you have any questions, hopefully, I can answer them. If not, Mr. Morrow is here representing the applicant also. De Weerd: Okay. Council, any questions for Mr. Smith? Bird: I have none. Rountree: None. De Weerd: Oh, wow, you can't let him off this easy. Nary: It°s too easy on him. De Weerd: Or Mr. Morrow. I mean there must be something. Thank you, Gary. Meridian City Council July 5, 2006 Page 24 of 29 Rountree: There might be conditions on Mr. Morrow. Smith: Thank you very much. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone who would like to offer testimony on this application? Okay. Seeing none -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no further testimony, I move that we close Item 13. Bird: Second. De Weerd: Okay. A motion to close Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion or do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no discussion, I move that we approve the request for vacation, Item 13, VAC 06-009, for Gemtone Center No. 5. Bird: Second. De Weerd: Okay. If there is no discussion, Mr. Berg, will you call roll. Berg: Thank you, Madam Mayor. I think City Attorney Bill Nary mentioned about preparing a resolution for such. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: AZ 06-023 Request for Annexation and Zoning of 1.0 acres from RUT to R-2 zone for Martin Annexation by the Ada County Highway District -1120 S. Locust Grove Road: Meridian City Council July 5, 2006 Page 25 of 29 De Weerd: Thank you for the entertainment, Mr. Smith and Mr. Morrow. Okay. Item 14 is a Public Hearing on AZ 06-023. I will open this Public Hearing with staff comments. Canning: Thank you, Madam Mayor, Members of the Council. This is the Martin Annexation project. The site is located at 1120 South Locust Grove Road. Highlighted here. It is on the east side of Locust Grove and it's approximately 250 feet north of I-84. This is just an annexation application. There is no accompanying development plan. The Ada County Highway District has applied for this annexation and zoning to R-2, low density residential, for about an acre of property that's currently zoned RUT in Ada County. There is one single family home toward the west end of the property and also a shed on the site. Because of the Locust Grove overpass, ACHD has acquired the property -- or it has acquired the front .513 acres portion of the property and the residence is on that half acre that they have acquired. It generally follows this line, I believe, is what they have purchased. The Martins are going to retain the remainder of the property and build a new home back there and I have another drawing that helps. I have shifted direction here, so here is Locust Grove. Here is the house. You can kind of see it outlined right there. That's the existing house. What -- ACRD is going to come down here off of Bentley, they are going to put a road on the south side of these properties and, then, it will cul-de-sac up here. So, this will go toward right of way. And, then, this cul-de-sac accommodates a driveway to this parcel here. And, then, the Martins will build their new home back on this eastern portion of the property. Did I get you confused? Here is Locust Grove. De Weerd: That is the east side. Bird: That is the east side. The road comes in, then, goes to the south. Canning: Oh, did I say the west side? Bird: No. You said the south side. Canning: Oh, I'm sorry. Bird: And I thought I was turned around. Canning: No. This is the east side of these properties. Sorry. And, then, it cul-de- sacs over there. I forgot I was shifted. I should have turned it. Sorry. So, this is just an annexation request. We have no elevations. The Planning and Zoning Commission recommended approval at their June 1st hearing. Kathy Smith from ACHD spoke in favor of that application. No one spoke in opposition or commented. The key issues of discussion by the Commission were the access for parcels in this area, once the overpass gets constructed. And there were no changes to staff s initial recommendation and to our knowledge there are no outstanding issues before Council. Looks like you do have a couple neighbors here, though, so -- I don't know if they have signed up to testify. Meridian City Council ~ • July 5, 2006 Page 26 of 29 De Weerd: Okay. Canning: And I will answer any questions you may have, other than south versus east. De Weerd: Any questions from Council? Rountree: I have none. Bird: I have none. De Weerd: Is the applicant here? K. Smith: Good evening, Madam Mayor, Council. Kathy Smith, Ada County Highway District, Right of Way Supervisor. Address is 3775 Adams Street in Garden City. De Weerd: Thank you. K. Smith: I want to thank Anna and the staff for working with ACHD and getting this done. This has been a long drawn-out process trying to help the Martins get their new house put in. Part of the issue is the delays in getting this overpass built. Can't build a house if there is no sewer and water in to supply the house and the sewer and water can't go in until the road is built, so we are at a Catch 22, unfortunately. De Weerd: The chicken and the egg. K. Smith: Yeah. We have provided the Martins with some temporary housing in the meantime. One of the issues that has come up -- and I just want to clarify this to help Anna out, because I know she's not as familiar as some of her staff are. Bentley in this section will be closed. We are realigning Bentley and so it would be coming through over like in here and curving around to align with Corporate and it will create asignal -- Center. Excuse me. So, what we have bought already here will be the new roadway and so the road will mainly curve around here to go into the subdivision. We will have the cul-de-sac come down along here and a cul-de-sac in here. It will provide access to the Nelson property to the north, but to the two property owners to the south as well. Mr. Martin will be building his house here. We were trying to get the annexation done first, because -- and he really can't move forward with a house permit until the road goes in, because he just won't have the sewer and water services to do it. So, once we get the annexation done, then, he and his builder will be coming forward and going through the process for his house permit. Basically, that's, really, the majority of it. The property owner here retained this portion. The property owner here, we still haven't settled with. We do have a right of entry, so the project can move forward. The property here, for whatever reason, it's just not showing up on maps yet, but we have settled with them. So, the project is at ITD waiting for bid process, getting through all the paperwork, since it is federal aid. You know how long those take. And the last Meridian City Council July 5, 2006 Page 27 of 29 checked they were still working for the bid process. Any further questions, I would be glad to answer them. De Weerd: Okay. Thank you. Any questions from Council? Bird: I have none, Mayor. De Weerd: Okay. Thank you very much. Okay. Is there anyone who would like to provide testimony on this application? It has been a long process and if any of you are neighbors, we appreciate your tenacity on this and sticking with us. I do have two that have signed up. Kathy Smith with ACRD and Marv Brown with ITD. Thank you for joining us. Okay. If there is no further testimony, Council, do you have any questions? Bird: I have none, Mayor. Wardle: Madam Mayor? De Weerd: Yes. Wardle: Seeing no further need for public testimony, I move that we close the Public Hearing on Item 14. Rountree: Second. De Weerd: Okay. Motion to close 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: If there is no discussion, I would entertain a motion. Wardle: Madam Mayor? De Weerd: Yes. Wardle: I move we approve Item 14, AZ 06-023. Rountree: Second. De Weerd: I have a motion to approve Item 14. Is there any discussion? Rountree: I have none. De Weerd: Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. Meridian City Council July 5, 2006 Page 28 of 29 MOTION CARRIED: ALL AYES. Item 15: Ordinance No.: 06-1241 AN ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE REGARDING ZONING AND SUBDIVISION REGULATIONS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AND EFFECTIVE DATE: De Weerd: Thank you. Item 15 is Ordinance No. 06-1241. Mr. Berg, will you, please, read this ordinance by the only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1241. An Ordinance amending Title 11 of the Meridian City Code regarding zoning and subdivision regulations codified at Title 11, entitled Unified Development Code, of the Meridian City Code, and providing for a waiver of the reading of the rules 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? Fortunately not. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 06-1241 with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 15. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Usually we don't have anyone still with us at this point in our agenda. Is there anything you would like to bring to Council? Audience Member: I just wanted to see how it operates. De Weerd: Oh, good. Well, it's always nice to have citizens here. Thank you for joining us. Council, with that I would entertain a motion to adjourn. Meridian City Council July 5, 2006 Page 29 of 29 Rountree: So moved. Borton: Second. Wardle: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR TA Y DE WEERD ,,.~`~~ ~ ~t ~~~~~''s>,o ,~~\ ~~ ids°, ~~ ~,. ~~. / Z S / ®~ DATE APPROVED j~Zy~~ G. BERG J ., C CLERK • Date: June 30, 2006 MERIDIAN CITY COUNCIL MEETING JUIy 5, 2006 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of June 6, 2006 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: ~~ Phone: Staff Initials: Materials presented at public meetings shall become properly of the City o4 Meridian. i • June 30, 2~6 MERIDIAN CITY COUNCIL MEETING JUIy 5, 200b APPLICANT ITEM NO. S-B REQUEST Approve Minutes of June 27, 2006 Pre-Council Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materiels presented at public meetings shall become properly of the City of Meridian. • June 30, 2006 MERIDIAN CITY COUNCIL MEETING JUIy 5, 2006 APPLICANT ITEM NO. S-C REQUEST Approve Minutes of February 16, 2006 City Council Special Workshop Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • i June 30, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING July 5, 2006 APPLICANT Mayors Office ITEM NO. b-A-1 REQUEST Tabled from June 27, 2006: Marketing Contract with Resource Center, Inc.: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY QUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shop become properly of the Gity of Meridian. ~ ~ June 30, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING JUIy 5, 2006 APPLICANT City Clerks Office ITEM NO. 6-B-1 REQUEST Request to Extend Fireworks Display Permt to July 8th by Ken Hamilton AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 30, 2~b RZ 06-003 MERIDIAN CITY COUNCIL MEETING JUIy 5, 200b APPLICANT Monterey LLC ITEM NO. S REQUEST Public Hearing: Request for a Rezone of 3.13 acres from R-4 to L-0 zone, including modifications to the existing Development Agreement for Lochsa Falls Subdivision far Hastings - 2300 W. Everest Lane: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See P $ Z Item Packet / P & Z Minutes See Aflached Recommendations Date: Phane: Staff Initials: Materials presented at public meetMgs shall become property of the City of Meridian. ~ ~ VAC 06-006 MERIDIAN CITY COUNCIL MEETING Juiy 5, 2006 APPLICANT Monterey, LLC ITEM NO. ~ REQUEST Public Hearing -Vacate the existing public utilities, irrigation and lot drain- age easement on both sides of the lot line common to Lots 4b & 47, Block 49, Lochsa Falls Subdivision No. 12 for Hastings - 2300 West Everest Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become protseriy of the City of Merlcllan. 11( l~ CITY OF MERIDIAN ORDINANCE NO. ~~ ®~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE REGARDING ZONING AND SUBDIVISION REGULATIONS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 11, Unified Development Code, of the Meridian City Code is amended to read as follows: 11-1A-1: (DEFINITIONS) DENSITY, NET The ratio of the total number of dwelling units within a development divided by the total area. excluding streets• alleys: easements: waterways• common spaces and any other area not devoted to the residential lots. ENTERTAINMENT, ADULT Adult entertainment shall be as defined in Title 3 Chapter 10 of the Meridian City Code and shall include adult theaters. establishments with adult arcade machines and cateaorv A adult stores. STREET, COLLECTOR ~hn 4h.~~ r...rriec. 4r~+~n from h I 1~ ~ • ..1. 1 A street designated as an urban collector or proposed urban collector on the most recent Regional Transportation Plan for Ada County adopted by the Community Planning UDC ORDINANCE AMENDMENT -July, 2006 Page 1 of 10 ~~ ~~ Association of Southwest Idaho or the Citv of Meridian Comprehensive Plan that carries traffic from local streets to arterials. 11-2D-1: (PURPOSE STATEMENT) C: TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN-R): The purpose of the TN-R District is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multifamily. A TN-R District includes open spaces and promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density of the TN-R District is fifteen (15) units per acre. The minimum density is sip-{-6-} ei ht 8 units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN-R District should be generally located: adjacent to a TN-C District, along a transit corridor, or within a mixed use neighborhood. For the purposes of this Title, the term residential district shall also include the Traditional Neighborhood Residential District. 11-2D-6A: The existing table in Section 11-2D-6A is deleted and replaced with the following: A. Dimensional Standards: TABLE 11-2D-2: DIMENSIONAL STANDARDS IN THE TN-R DISTRICT DIMENSIONAL STANDARDS -TN=R Minimum density (DU*/acre) 8 net Maximum density 15 net Minimum front setback for alley accessed properties (in feet) for street accessed properties (in feet) 10 20 to garage 10 to livin area Minimum rear setback for alley accessed propen5es~ (in feet) for street accessed properties (in feet) 20 to garage if alley width 16 feet 18 feet to garage if alley width 20 feet 12 Minimum side setback (in feet) Property lines adjoining unattached walls Property lines adjoining attached wallsz 5 0 Minimum side street setbacks in feet Alle 10 Local street 10 Collector (for alley accessed properties)3~4 13: 8 parkway with Class II trees and 5' sidewalk Collector (for street accessed properties)3~5 20: 8 parkway with Class II trees and 5' sidewalk Street landscape buffer Gn feet) Local3 8 arkwa with Class II trees Collector (for alley accessed properties13~4 13: 8 parkway with Class II trees and 5' sidewalk Collector for street accessed ro rties ae 20: 8 parkway with Class II trees and 5' sidewalk Arterial 25 UDC ORDINANCE AMENDMENT -July, 2006 Page 2 of 10 ~r ~~ 'DIMENSI®NAL STANDARDS TN-R En a corridor 35 Interstate 50 Maximum hei ht to eave rovidin roof access in feet 30 Maximum building height (in feet) 40 "DU=dwelling unit Measured from back of sidewalk and/or alley right-of-way as ap plicable. zOn any given property, there shall be no more than two propert y lines that have 0-foot setbacks. 3Measured from back of curb. 4These are standards for properties where the front yard of the p roperty adjoins the street landscape buffer and the units take access from an alley. ~1'heseare standards for ro erties where.ths rear or side .ard of the to e . ad'oins the street Jandsca a buffer: E. Options for Street Sections in the TN-R District: 1. For alley accessed properties, the following options shall apply: a. Standard ACHD street sections. b. Fire lane chicane option as shown in Figure 11-2D-1. 2. Although street accessed properties are allowed in this district, it is anticipated that only properties on the perimeter of a TN-R development would be street accessed. The applicant shall demonstrate that the design meets the purpose statement of the TN-R district. Standard-ACHD street sections shall apply. 3. Block lengths shall meet the standards as set forth in Section 11-6C-3F2. F. Lighting. In addition to the standards as set forth in Section 11-3A-11. the followin standards shall apply within the TN-R district: All dwelling units shall have a minimum of two (2) lights at the front of the unit. All dwelling units on alley accessed properties shall have a minimum of two (2) lights along the alley. All lighting reauired in this section shall Drevent upliahtina and shall be on a photocell that activates the lighting at dusk and toms it off at dawn. 11-3A 6B3: Except as allowed above, all other open in'igation ditches, laterals, canals, and drains shall be fenced with a-sf~a+n-1i~ an open vision fence at least six feet.... 11-3A-7C: Additional standards in the R-2, R-4, R-8, R-15, R-40, L-O, O-T, TN-R, and TN-C Districts: The maximum fence height shall not exceed six feet (6'), subject to the provisions set forth in Sections 2 and 3 below. 2. In the TN-R District. fences in the reauired front yard including the front and side yard property lines shall be open vision and no greater than three feet (3') in height. For all other districts, tThe maximum fence height in the required front yard including the front and side yard property lines shall be three feet (3') for a closed vision fence and four feet (4') for an open vision fence. See Figure 11-3A- 2. UDC ORDINANCE AMENDMENT -July, 2006 Page 3 of 10 (r ~~ 3. On corner properties, the maximum fence height in the required street side yard shall be six feet (6') above the grade (as measured at the property line), and the minimum setback shall be ten feet (10') from the street side property line. See Figure 11-3A-3. 4. Where the rear yard of one property adjoins the front yard of another property, the fence along the rear and side yards where they adjoin the adjacent front yard shall be flush or angled at forty-five (45) degrees to provide continuity with the adjoining fence and property line. See Figure 11-3A-3. 5 Side yard fences that follow the side vard property line shall only be allowed where the side setback is five feet (5') or Greater. 6 Side vard fences that extend from one building to an adioining building are allowed where the adioinina houses have use easements on the side vard area. Such fences shall be set back a minimum of two feet (2') behind the enclosed portion of the front of the building adioinina the fence. 7 Side vard fences that extend from one building to an adioinina buildinG that are Greater than 3 feet in height and constructed of wrought iron or similar material shall provide a Gate for emeraency access to the side vard. 8 Rear vard of alley accessed properties and alley side vard properties: All fences within the required rear shall be open vision Fences shall be setback a minimum of five feet (5') from the alley (measured from property line). 9 Additional height shall be allowed for arbors arches and/or other architectural appurtenances extending over gates and/or other entryways Such appurtenances shall not exceed five feet (5') in width and/or eight feet (8') in hei ht. 10 Additional height shall be allowed for sate posts. Such gateposts shall not exceed eight feet (8') in height. 11-3B-5M' Where screening is required in this Article and/or this Title, chainlink fencing with or without slats does not qualify as a screening material. TABLE 11-3C-1: REQUIRED STALL WIDTH AND LENGTH BY PARKING ANGLE PARKING ANGLE STA4L 1N1DTH STALL DEPTH* OI~E -WAY DRIVE' AISLE** 0° (parallel) 9'-0" 23'-0" 12'-0° 45° 48'-9'-0" ~a-19'-0" 13'-0° 60° 9'-0" a-~' 19'-0° 17'-0" 90° 9'-0" 19'-0" 25'-0° *Stalls designed for compact vehicles maybe reduced in depth by two feet (~'). ** Alt two-way drive aisles-shall be a minimum of twenty-five feet 25' in v[idth: ' UDC ORDINANCE AMENDMENT -July, 2006 Page 4 of 10 r~ ~~ This Figure 11-3C-1 replaces the existing figure 11-3C-1 FIGURE 77-3C-1: PARKING SPACE MEASUREMENTS A^~n nivnic n ~c~ c ncc A -~ T B W %~~ Heii T~ 1 0° Parallel 45° Angled 90° Perpendicular 11-3C-6B: The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts, Residential Districts, and Traditional Neighborhood Districts the requirement shall be one (1) space for every five hundred (500) square feet of gross floor area. In all Industrial District the requirement shall be one (1) space for every two thousand (2,000) square feet of gross floor area.... 11-3C-8A: A. Off-street loading spaces for commercial and industrial uses shall be provided-+~ . to prevent delivery vehicles from blockinct travel lanes. • /4C.'\ in loner+h Tvno Q c~r~.~noc~ ~h.~ll " he nr~4 ~CG~I+ •h.~n fif}een f ee+ /4G°\ in ~uirJ4h ~nr! > > E~: OB. Parking and loading areas shall be designed so vehicles shall not back out into the street. UDC ORDINANCE AMENDMENT -July, 2006 Page 5 of 10 • ~ ~BC. No off-street parking loading space shall be located closer than fifty feet (50') to an abutting rural or residential district unless wholly enclosed within a sound attenuating structure, such as masonry block. No off-street loading space shall face an abutting residential district. €D. Any off-street loading space located within fifty feet (50') #eet of a residential district shall not operate between the hours of 10:00 p.m. and 7:00 a.m. UDC ORDINANCE AMENDMENT -July, 2006 Page 6 of 10 M P P 0 ~ ~ W C'1 awe zl WS U ~ Z W ~ r J 00 U Q v II z O U w a ° z ~~ ~' ~ W m~ o0I a ~l ~' Z O a Z ~_ ail J O J O z c 0 O U m Qm a U ~ .mac c O, ~ ~ 'v Q ~ 1-- ~ _ N N L C zl s ~ 0 Z ~_ ~ W Y Q ~ ~ m N ~ ~ a ~ N ~ ~ y LL ~ ~ N M P i~ v w =U' . a, zl w U Q ~ W W '~ m U Q II Z O' U ili =I a o z ~ W m~ ~O o z a ^I ~~ O a ~ y !~ --~ O Z c Z Y O °O-a Q m a U ~ s c ,O y ~ =o J Q ~ F- ~ > ~L:' _ ~ N .C C z°°~ s ~ 0 QQ rL ~ W Y Q ~ ~ m N t6 ~ Z W U '~ ~ a ~ c_ - ~ y LL y z Z O Op J z y Q ti M M m r' o. j^- ~- aw z z U ~ Z Q T ]C ~ W Q Lt l . U Q m V II it .~ z O m N U c 0 E ~ ,~ ~ w of of ~ w a z z o 0 ~', W •o rn m ~ ~' m ~ =o 0 0 ~,~ z a ~ ~ - ~ ~ -~ ~ ~ ° ~•- . 2 ~ 0 O F 4 o g "' -~ ~ Z ~ ~ _ ~ I I ~ o Z Z .j: ~. Z Y 0 0 ~ co O UQ ~ ¢ rn ~. Q m - -o v - ~ a> a> ~ O ~ ~ m ~ o ~ ~'~ ~'°3I a ~ a .o m -~ ~ G `O o ~ o z C=g > > ~ m _ p L (C z~:e ~ p L (6 z~:c ~ ~ [a p ~~ o .~ o. ~ ~ N Ya ' ~ ~ ~ U ~ ~ o m rn v~ - ~ ~ _ 3 ~ y O Q N O O M O ~ o :~ W V - p ~ c C7 ~ m c ~ ~ _c ~ ~ ~F- O ~ _ ~ y N ~ y t0 ~ ~ . LL~f~ 2 ~ ~ ~ J H V W OC O V Z W a H D W J V a M ~ O M ~ ~ o a~ ~ Q W va a Z H rn ~ W W V J Z W W W LL ~m G~ W J V = °o ~ N N N W ~ a= ti ~ H ~ a =' z ~~ ~ " rz, r W w ~ H W U J F Q V O J W W O O °D A V (~ ~• 11-4-3.9A1: In determining the type of day care facility, the total number of sf~ild~er~ clients cared for during the day and not the number of -clients at the facility at one time, is the determining factor. In the case of a child day care, the operator's children are excluded from the number. 11-4-3 9C• Additional standards for family day care facilities conducted as home occupations: 1 In no way shall the family day care cause the premises to differ from its residential character in appearance lighting, signs, or in the emission of noise fumes odor vibrations, or electrical interference. 2 Off-street parking shall be provided as set forth in Section 11-3C-6 of this Title in addition to the reauired off-street parking for the dwelling. 11-4-3.211: Off-street parking shall be provided as set forth in Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. TABLE 11-5A-1: DECISION-MAKING AUTHORITY BY APPLICATION CHANGE THE FOLLOWING /N THE TABLE Vacation, exempt per Idaho Code §50-1306A(5) ~ NONE 8 D GG A ~ Vacation ri ht-of-wa D CC PM Vacation all others D CC PH 11-5A-3B2: Prior to the commencement of any substantive changes to the application requirements, the Director shall submit the changes to the Planning and Zoning Commission to be considered as an agenda item at a noticed hearin . 11-5B-1 B: Certificates of Zoning Compliance Applicability: These provisions apply to all requests for permits that involve construction, exterior alterations and/or the establishment of a new use. These provisions do not apply to tenant improvements where the footprint of an existing structure is not enlarged. These provisions do not apply to single family attached dwellings single family detached dwellings, secondary dwellings and/or two family duplex dwellings UDC ORDINANCE AMENDMENT -July, 2006 Page 8 of 10 `i ~i 11-66-5A1: A subdivision application for property within an industrial, commercial, TN-C or O-T district may be processed as a short plat.- if all of the following exists: 11-6C-3B All ~+• ~Ilove. in 4he TAI D rlic.~ 'i.•' h II h n n 4 f .+h in T hl 4 4 7r1~] IIOyC~II l CITG~ITnZ f 5. Alleys: a. Allevs shall have a minimum of sixteen feet (16') of paving b. All alleys shall serve as fire lanes. c. All alleys shall be concrete or asphalt with a concrete ribbon curb d. The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. No parking shall be allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the alley. e. Allevs shall be designed so that the entire length is visible from a public street. 11-6C-3F In the residential districts, no block face shall be more than seven hundred fifty feet (750') in length without an intersecting, street or alley, or no block face shall have a length greater than thirteen hundred feet (1,300') without a connecting pedestrian open space and pathway. Block face shall be measured from the centerline to centerline of roadways and/or pathways as appropriate 2. In the TN-C and TN- R Districts, no block face shall be more than five hundred feet (500') in length without an intersecting street or alley, or no block face hall have a length greater than sevee--six hundred feet 0600') without a pedestrian connection. Although block lengths are allowed to exceed five hundred feet (500'1, it is anticipated that most blocks will not exceed the five hundred-foot (500') reauirement. Where and applicant proposes blocks lengths greater than five hundred feet (500') the applicant shall iustifv why the project cannot accommodate five hundred foot (500') blocks and shall demonstrate that the design meets the purpose statement of the TN-R district. Based on site design constraints or considerations, this requirement may be amended by the Director through the Alternative Compliance procedures set forth in Chapter 5 ADMINISTRATION of this Title. Section 2. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. UDC ORDINANCE AMENDMENT -July, 2006 Page 9 of 10 •1 ~~ Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on tTGs.~~J l ~~ , 2006. PASSED by the City Council of the City of Meridian, Idaho, this Jr`~~ day of tT~/~ , 2006. f~ APPROVED by the Mayor of the City of Meridian, Idaho, this ~ -day of ~ ~--f ~// , 2006. ATTEST: ~,~~ CITY CLERK APPROVED: '~~~~''„ MA R \`\\\`\``\ ~ S,~i',~sr ~~ ~~ ~ c .~ ~ ~,~r/y///f, 0 ~,, 4`A`~v ~~ttlitlltt5t1111y UDC ORDINANCE AMENDMENT -July, 2006 Page 10 of 10 i ~ (• NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.06- j 2~ l PROVIDING FOR AN AMENDMENT OF THE MERIDIAN CITY UNIFIED DEVELOPMENT CODE An Ordinance of the City of Meridian amending Title 11, Unified Development Code, of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. Mayor and City Council the ity of Meridian By: William G. Berg, Jr., City Clerk First Reading: ?-S- ~$ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES )C' NO Second Reading: ~- Third Reading: `~' STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06-_ f ?_ l~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- / ~ ~ / of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ ~ day of July, 2006 ~ ~..J William. L.M. Nary, City Attorne SUMMARY -UDC ORDINANCE REVISIONS -July, 2006 Page 1 of 1