HomeMy WebLinkAbout2003 03-25Meridian City Council Meeting March 25,
2003
The Regular Meeting of the Meridian City Council was called to order at 7:15 P.M., on
Tuesday, March 25, 2003, by Mayor Robert Corrie.
Members Present: William Nary, Tammy de Weerd, and Keith Bird.
Members Absent: Cherie McCandless.
Others Present: Chris Nye, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Doug
Strong, Dean Willis, and Will Berg.
Item 1. Roll-call Attendance:
__X Tammy de Weerd _ X__ Bill Nary
__X Cherie McCandless __X Keith Bird
___X__ Mayor Robert Corrie
Corrie: Okay. I will open the Meridian City Council Regular Meeting, Tuesday, March
25, 2003, at 7:15 P.M. in the City Council Chambers and welcome everybody here
tonight. First, we'd like to have roll call attendance, please, Mr. Clerk.
Item 2. Adoption of the Agenda:
Corrie: Okay next is the adoption of the agenda. Council, we did have the Financial
Report. It has already been done.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Just a couple of notations. One is we had a request to continue 9, 10, 18,
19, and 20 to April 1st
through various requests. Also, on Item 17, if we could hear that
with Item 13 and 14.
Corrie: Okay any other additions or corrections?
Hawkins-Clark: Mr. Mayor, if I could, Item Number 12, Devon Park Subdivision, and
Item Number 16, Fairview Lakes, are also on the same property. They do have
different names, but they are the same applicant and the same project, more or less.
I'd like to request those be put together as well, if possible.
Corrie: Twelve and 16 all right. Any other changes? Okay then, I will entertain a
motion to adopt the agenda as changed.
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March 25, 2003
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De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we adopt the agenda with the following changes. Move 16 under 12
to move 17 to be heard with Items 13 and 14 and to approve the agenda as changed.
Bird: Second.
Corrie: Okay. Motion has been made and seconded any further discussion? Hearing
none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 3. Consent Agenda:
A. Approve minutes of January 28, 2003 Pre-Council Meeting:
B. Findings of Fact and Conclusions of Law for Denial: MI 02-011
Request to remove certain parcels in Dunbar Estates Subdivision
from City of Meridian’s area of impact for Packard Estates Dev.,
LLC by Packard Estates Dev., LLC – south of East Ustick Road
and west of North Cloverdale Road:
C. Approve Beer and Wine License Application (Pro-rated one-
half year) for Bangkok House, Inc. by Joy Wise – 1890 East
Fairview Avenue Suite B:
D. Touchmark Water Main Easement Agreement:
E. Finance Report:
F. Development Agreement: AZ 02-024 Request for annexation
and zoning of 15.4 acres from RUT to R-8 zones for proposed
Cobblefield Crossing Subdivision by CMD, Inc. – 4450 North
Linder Road:
Corrie: Next item is the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and the Clerk to attest on all proper papers.
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March 25, 2003
Page 3 of 40
Nary: Second.
Corrie: Okay. Motion has been made and seconded any further discussion? Hearing
none, roll call vote, Mr. Berg.
Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes one abstention -- one absent excuse me motion is approved.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 4. Department Reports:
Corrie: Department reports. I don't believe we have any Department Reports, do we?
All right.
Item 5. (Items Moved from Consent Agenda):
Corrie: No items were removed from Consent Agenda.
Item 6. Ordinance No. : AZ 02-024 Request for
annexation and zoning of 15.4 acres from RUT to R-8 zones for proposed
Cobblefield Crossing Subdivision by CMD, Inc. – 4450 North Linder
Road:
Corrie: So, we will be on -- Item Number 6 is an ordinance, Number 03-1014. This is
AZ 02-024, request for annexation and zoning of 15.4 acres from an RUT to R-8 zone
for proposed Cobblefield Crossing Subdivision by CMD, Inc., 4450 North Linder Road.
At this time, I would like to have Ordinance Number 03-1014 read by the City Clerk by
title only, please.
Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1014, an
Ordinance finding that Don and Linda Huffman and Pacific Development, Inc., the
owners of certain real property generally known as 4450 North Linder Road, Meridian,
to be known as Cobblefield Crossing Subdivision and which lies contiguous or adjacent
to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a
request for annexation in writing to the Council and that said land be annexed to the
City of Meridian, zoning designated Medium Density Residential District (R-8) and
declaring that said land, by proper legal description as described below, be a part of the
City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions,
orders, or parts thereof, in conflict herewith, and directing the city engineer to add said
property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the
City of Meridian to file a certified copy of the ordinance and map of the area to be
annexed with the Ada county recorder, auditor, treasurer and assessor and the State
Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and
Section 63-2215.
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March 25, 2003
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Corrie: Thank you. You have heard the reading of Ordinance Number 1014. Is there
anyone from the audience that would like to have it read in its entirety? All right.
Hearing none, I will entertain a motion from Council on Ordinance Number 1014.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Even though the agenda says we have approved it, I will move that we
approve Ordinance Number 03-1014, request for annexation and zoning of 15.4 acres
from RUT to R-8 zones for the proposed Cobblefield Crossing Subdivision and ask the
Mayor to sign and Clerk attest, pursuant -- and to suspend the rules pursuant to state
code.
Nary: Second.
Corrie: Okay. Motion has been made and seconded to approve the Ordinance Number
03-1014 with suspension of rules. Any further discussion? Roll call vote, Mr. Berg.
Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. Three ayes. One absent. The ordinance is approved.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 7. Ordinance No. : RZ 02-009 Request for a
Rezone of 0.17 acres from R-8 to O-T zones for Bentley Apartments by
Tamura and Associates – 518 East Broadway Avenue:
Corrie: Number 7 is an ordinance, Number 03-1015. This is a request for a rezone of
0.17 acres from an R-8 to an O-T zone for Bentley Apartments by Tamura &
Associates, 1018 East Broadway Avenue. At this time I would like to have, the City
Clerk read Ordinance Number 03-1015 by title only.
Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1015, an
Ordinance finding that the owner Theresa Bentley of certain real property generally
located at 518 East Broadway Avenue, Meridian, Idaho, has made a written request for
the rezone of the zoning classification for real property that lies within the boundaries of
the City of Meridian from R-8, Medium Density Residential District, to O-T, Old Town
district -- zoning district as defined in the Meridian City Code Section 11-7-2L, repealing
all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing
the city engineer to add said rezoning designation to the official maps of the City of
Meridian, Idaho.
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March 25, 2003
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Corrie: Okay. You have heard the reading of Ordinance Number 1015 by title only. Is
there anyone from the public that would like to have it read in its entirety? All right.
Hearing none, I will entertain a motion from Council.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I would move the approval of Ordinance Number 03-1015, request for rezone of
.17 acres from an R-8 to an O-T zone for Bentley Apartments by Tamura & Associates,
518 East Broadway Avenue, and suspend the rules pursuant to Idaho Code.
Bird: Second.
Corrie: Motion has been made and seconded to approve Ordinance Number 1015, with
suspension of rules. Any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. Three ayes, one absent, motion is approved.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 8. Ordinance No. : RZ 03-002 Request for a
Rezone of 3.66 acres from L-O to R-15 zones for proposed Scottsdale
Villas Subdivision by Pinnacle Engineers, Inc. for Wolfe Commercial
Enterprises, LLC. – West Alden Drive, southwest corner of West Franklin
Road and Southwest 7th
Avenue:
Corrie: Item Number 8 is an ordinance, Number 03-1016, request for a rezone of 3.66
acres from L-O to R-15 zones for proposed Scottsdale Villa Subdivision by Pinnacle
Engineers, Inc., by Wolf Commercial Enterprises, LLC, West Alden Drive, southwest
corner of West Franklin Road and Southwest 7th
Avenue. At this time, I would like to
have the City Clerk read Ordinance Number 03-1016 by title only.
Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 03-1016, an
Ordinance finding that the owner Wolf Commercial Enterprise, LLC, of certain real
property generally located south of Franklin Road along Southwest 8th Street and
Alden Street, has made a written request for rezone of the zoning classification for real
property that lies within the boundaries of the City of Meridian from L-O, Limited Office
District, to R-15, Medium High Density District -- Zoning District, as defined under
Meridian City Code Section 11-7-2E, repealing all ordinances, resolutions, orders, or
parts thereof, in conflict herewith, and directing the city engineer to add rezoning
designation to the official maps of the City of Meridian, Idaho.
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March 25, 2003
Page 6 of 40
Corrie: You have heard the reading of Ordinance Number 1016 by title only. Is there
anyone from the public that would like to have it read in its entirety? Hearing none, I will
entertain a motion of Council for Ordinance Number 1016.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move we approve Ordinance 03-1016, request for a rezone of 3.66 acres from
L-O to R-15 zones for proposed Scottsdale Villas Subdivision by Pinnacle Engineers or
Wolf Commercial Enterprise, LLC, on West Alden Drive, southwest corner of West
Franklin Road and Southwest 7th
Avenue, with suspension of rules pursuant to Idaho
Code.
De Weerd: Second.
Corrie: Motion has been made and seconded to approve Ordinance Number 03-1016.
Any further discussion? Hearing none, roll call vote, Mr. Clerk.
Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. Three ayes. Motion to approve Ordinance Number 03-1016 is approved.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 9. Tabled from March 11, 2003: FP 03-011 Request for Final Plat approval
of 26 building lots and 8 other lots on 5.48 acres in an R-8 zone for
Mosher’s Farm Subdivision by CMD, Inc. – northwest corner of North
Ten Mile Road and West Pine Avenue:
Corrie: Item Number 9. This is a request for Final Plat for Mosher's Farm Subdivision.
They have asked that that be continued until the April the 1st
meeting. Also -- I will take
them one at a time. Council, your pleasure on the request to continue Item Number 9.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move that we table FP 03-011, request for Final Plat approval of 26 building lots
and eight other lots on 5.48 acres in an R-8 zone for Mosher's Farm Subdivision by
CMD, Incorporated, northwest corner of North Ten Mile Road and West Pine Avenue to
April 1, 2003.
Nary: Second.
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March 25, 2003
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Corrie: Motion has been made and seconded. Is there any further discussion? All
those in favor of the motion say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 10. FP 03-012 Request for Final Plat approval of 52 building lots and 5 other
lots on 15 acres in a R-4 zone for Castlebrook Subdivision by
Centennial Development, LLC – east of North Black Cat Road and south
of West Cherry Lane:
Corrie: Item Number 10 is a request for Final Plat approval of Castlebrook Subdivision.
It, too, has been asked to be continued until April 1st
. With that, I will entertain a motion.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we table FP 03-012, request for Final Plat approval of 52
building lots and five other lots on 15 acres in an R-4 zone for Castlebrook Subdivision
by Centennial Development, LLC, east of North Black Cat Road and south of West
Cherry Lane until April 1, 2003.
Nary: Second.
Corrie: Motion has been made and seconded. Is there any further discussion?
Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 11. FP 03-013 Request for Final Plat approval of 51 building lots and 8 other
lots on 16.54 acres in a R-8 zone for Burney Glen Subdivision No. 1 by
Properties West Inc. – east of North Meridian Road and north of East
Ustick Road:
Corrie: Item Number 11. This is a request for a Final Plat approval of 51 building lots
and eight other lots on 16.54 acres in an R-8 zone for Burney Glen Subdivision No. 1 by
Properties West, Inc., east of North Meridian Road and north of East Ustick Road. At
this time, I will invite staff's comments first on this request.
Hawkins-Clark: Thank you, Mayor, Members of the Council. The Final Plat before you
is approximately at the half mile point between McMillan Road and Ustick Road on the
east side of Meridian. The adjacent subdivisions that have been preliminarily approved
are Sundance Place on the south and Havasu Creek Subdivision to the north and to the
east. Then, Quenzer Commons, also Heritage -- known as Heritage Commons, also
abuts this project. Here on the screen is the Final Plat that was submitted for approval.
Staff did review the Final Plat and it is in substantial compliance with the Preliminary
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March 25, 2003
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Plat that was approved a couple of months ago. We have submitted a March 25th
memo with some recommended conditions that we ask that you consider. This is the
first phase of a multi-phase subdivision. There are 51 building lots and eight other lots
in the subdivision. There is a single point of access off of Meridian Road and there are
a total of 3.08 dwelling units per acre. There is a roundabout that is provided here in
the center of Phase 1 that will be landscaped. I thought we had a Landscape Plan
there, but -- I think the only item to point out for you tonight, we are asking for temporary
turn arounds for the Fire Department to be constructed here on these two stub streets
at the east end here of Halpin Drive and at the east end of Burney Drive. This property
that's shown as unplatted is owned also by the developer and would be a future phase,
so those temporary turn arounds would be not a problem there. We have also asked
for a temporary turn around here on the north on Donovan Way. We have given them
two options to either designate one of these lots as unbuildable with a note on the plat
to accommodate that or if they secured permission from this property owner to the north
to do the turn around on, that would also be not a problem for staff. We would, with
that, just ask your inclusion of our staff comments in any motion.
Corrie: Thank you, Brad any questions from Council? Okay. Is the applicant or
representative of the subdivision here this evening? You have had a chance to see the
site-specific requirements. Do you have anything else that you wanted to add or --
Fluke: No. We are fine with the conditions as written.
Nary: Just put your name on the record.
Fluke: Darin Fluke, JUB Engineers, 250 South Beachwood in Boise.
Corrie: Okay any questions of the representative? Okay. Thank you. Okay. Since
there were no questions and we are okay with the site-specific requirements from the
staff comments, I will entertain a motion on the Final Plat.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve the request for Final Plat of 51 building lots on eight
other lots on 16.54 acres in an R-8 zone for Burney Glen Subdivision No. 1, to include
all staff comments, and ask the attorney to draw up Findings of Facts and Conclusions
of Law and Decision of Order.
Bird: Second.
Corrie: Motion has been made and seconded to approve the Final Plat. Any further
discussion? Roll call vote, Mr. Clerk.
Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
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March 25, 2003
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Corrie: Okay. Motion is approved.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 12. Continued Public Hearing from March 18, 2003: PP 02-034 Request
for Preliminary Plat approval of 7 building lots on 14.31 acres in C-G and
R-40 zones for proposed Devon Park Subdivision by Tamura and
Associates – 824 East Fairview Avenue:
Item 16. Public Hearing: MI 03-003 Request to review the issue of the
connection of Teare Avenue for Fairview Lakes by Fairview Lakes, LLC –
824 East Fairview Avenue:
Corrie: Item Number 12 is a Continued Public Hearing from March the 18th
on a
request for Preliminary Plat approval of seven building lots on 14.31 acres in a C-G and
R-40 zone for proposed Devon Park Subdivision by Tamura and Associates, 824 East
Fairview Avenue. At this time, I will continue the Public Hearing on this request and
invite staff's comments first. We will do 16 separately. It's a Public Hearing, but -- I
guess we can do it all at the same time and have everybody come up, so I will also
open the Public Hearing on the request to review the issue of the connection of Teare
Avenue and Fairview Lakes by Fairview Lakes, LLC, 824 East Fairview Avenue. Thank
you.
Hawkins-Clark: Thank you, Mayor, Members of the Council. The first item of the two,
Item Number 12, Devon Park Subdivision, is approximately a 25-acre parcel of ground
on the north side of Fairview Avenue. This map reflects it is not being annexed, but it
was annexed in October of 2002. The property is in between Main Street and Locust
Grove here on the north side. It is bounded by a mobile home park. Ultra-Touch Car
Wash is here on the south side, along with the -- a couple of auto sales lots. The
applicant is proposing this section here on the south -- the south half of the parcel is the
only portion that is included in this subdivision request. The north half, as you may
recall, came through as Fairview Lakes under a Planned Development for an apartment
complex and they did go through Ada County before annexing to split this property into
-- into two different parcels. That was done prior to annexation so this southern half
here is, again, what they are requesting. Here is an aerial shot that just shows some
surrounding uses. The Jackson Drain does kind of bisect the property. This southern
half of the parcel does have commercial zoning and they are proposing commercial size
-- commercial type lots for this. The road that is shown here was approved as a private
road initially by the Council also last year. That was also in October of 2002. They are
proposing now to plat this road as a public street. It would be dedicated as a part of this
plat to the Highway District and the Fairview frontage has another access point here
further to the east. Jericho Drive. Harry's Car Wash is located here and so they would
have a driveway access on the eastern side and, then, a public street access here in
the middle. The relationship to the next item on the agenda is -- the next item has to do
with Teare Avenue, which is shown here on the plan. This is an existing stub street that
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March 25, 2003
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has been acted upon, it comes out of the Settler's Village, I believe. The
recommendation from the Council, when this project was initially approved, was to
provide bollards on Teare Avenue that would restrict vehicular movement and just allow
emergency vehicles, pedestrians, or bikes only. As you may recall, we required the
applicant to submit a miscellaneous application, because there was a conflict between
the City of Meridian's requirement for bollards and the Ada County Highway District's
requirement for no bollards. The miscellaneous application next is basically to address
that conflict between those two conditions. A neighborhood meeting was held, as I
understand it, at the Ada County Highway District. Ada County Highway District staff
attended, not their commission, but that was held to discuss both Clarene, which is
further to the north, which is a stub street into that apartment area up here, as well as
Teare. I don't believe there was any formal decision made at that meeting, but there
was some discussion. The Highway District staff has said that if the City Council
approves this plat tonight where it is moving towards still keeping the bollards there,
that they would need to send this before their commission again. Because the signal
that is being proposed to be constructed on Fairview Avenue here at the entrance to
their subdivision is dependent on Teare remaining open and ACHD is looking for
another opportunity to hear this, should that be the case. That's a question that is sort
of pending, I guess, whether or not you should even make a final decision without -- if
you're moving towards allowing the bollards to remain, that should probably be
continued, then, so the Highway District can make a determination. There were
declarations and restrictions that were submitted with the application and you should
have those available. The Planning and Zoning Commission did recommend approval
of this subdivision as it's shown. They made that subject to the miscellaneous
application being submitted, so that the issue of the extension of Teare could be
addressed and they also -- Number 2 on their recommendation stated that additional
landscaping must be added to buffer these lots -- these residential lots in Settler's
Village from noise, lights, et cetera. That additional buffer width there and the
miscellaneous application were the main two items that the Planning and Zoning
Commission added. I should point out that the layout that is shown here is really not a
part of the Preliminary Plat. The plat, certainly, if it were approved, would come through
with only the lots and easements, et cetera, no specifics on the parking and building
pad layout. They are showing a 35-foot wide landscape buffer all along Fairview
Avenue with some landscape ponds and features within that buffer. They are also
proposing a 10-foot wide asphalt path that would kind of meander here along their entry
road and would eventually come up to connect with a public pathway along the Jackson
Drain, so the residents could get from Fairview up through the project into the
apartment complex onto a public pathway system. That would, then, take them along
the Jackson and out to Meridian Road. Mr. Lee Centers' Development, as you may
recall, is on the south side of Cherry just further down -- or Fairview -- to the east and
he's also provided a pathway along the Jackson, so that would be a public connection
there all the way across. Then, Item Number 6 on Page 3 of the recommendation
should be deleted if the Council makes any motion tonight. That's a reference to some
kind of railroad right of way that I don't think exists here. Thank you.
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Corrie: I don't recall a railroad there, but -- thank you. Okay. This is a Continued
Public Hearing on the request for Preliminary Plat and also for the review of the
connection of Teare Avenue for Fairview Lakes. At this time, I would like to invite the
applicant or his representative here this evening.
Tamura: Mr. Mayor --
Corrie: Is the testimony you are about to give to the Council the truth, the whole truth,
and nothing but the truth, so help you God?
Tamura: I do.
Corrie: Name and address, please, for the record.
Tamura: My name is Doug Tamura. My address is 499 Main Street and I'm a partner in
Fairview Lakes, LLC. Mayor and Council Members, what we have got in front of us is
we had this project approved, we have got a finalized Conditional Use on the apartment
portion on the north, we have got a conceptual approval on a rezone annexation on the
south. What happened is going through the process we have got a conflict between the
Highway District's requirements that were listed in the Development Agreement and
what was approved through both Planning and Zoning and City Council in regard to the
Teare Avenue connection. We know, as developers that probably the biggest issue that
we have with neighborhoods is that buffering of traffic and so it was our feeling that --
that if the Highway District could live with Teare not connecting through, we could, too,
but the reality of what we have is our project alone will generate about 12,000 trips per
day. Jericho right now functions at about 2,000 trips per day. What the Highway District
expressed to the neighborhood in our neighborhood meeting is that the connectivity of
what we are trying to do is as much a benefit to the neighborhood as it is our to our
project in that they see that long-term wise as the traffic increases on Fairview that -- for
the neighborhood to have good access onto Fairview, it's imperative that we have this
connection. I think a good example that we pointed out to them is the relationship that
Montvue and St. Luke's are going through right now. In reality, when St. Luke's
originally proposed that project, they talked about connectivity between the
neighborhoods. That stop light and now that the reality of the traffic on Eagle Road is
coming around, you know, they are trying to -- you know, now, again, where they need
St. Luke's, well, St. Luke's doesn't want the neighborhood. I think that, you know, long
term picture wise, we have got a real similar situation here. I think, again, we are
sensitive to the neighbors, but I think looking at the big picture what the Highway
District's needs are, I think it's best that we keep it open. I think our intent all along was
to go ahead and build the infrastructure, build the roads, and at the point in time that the
bollards could be removed, we'd remove them, but we thought long-term wise it always
made more sense that it was connected through. If there is any other questions --
Corrie: Any questions from Council? Thank you. Okay. Anyone from the public like to
issue testimony at this time? Is the testimony you are about to give the truth, the whole
truth, and nothing but the truth, so help you God?
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March 25, 2003
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Richardson: It is.
Corrie: Name and address, please, for the record.
Richardson: Thank you, Mr. Mayor, Members of the Council. Christie Richardson, I'm
with the Ada County Highway District at 318 East 37th
Street in Garden City. Thank you
for putting us on the agenda this evening. As we discussed a couple of weeks ago, it
was just kind of a staff oversight between both agencies, and generally, we catch these
things before we get too far down the road, so I apologize for that. I thank you again for
hearing this. I have prepared a letter, which I will leave with your Clerk, but I think I'll
just read it, so I don't miss any points. I have listed out some areas of consideration
and interest and I do thank the developer and the neighbors for coming out to the
neighborhood meeting. It was initiated by the developer and we did have, oh,
approximately, 10 citizens that came to the neighborhood meeting and I will tell you no
one was in favor of the extension of Teare Avenue and that wasn't surprising. Let me
share with you ACHD's comments and feelings about the situation. First of all, ACHD
policy does support the extension of stub streets to provide interconnectivity to benefit
the movement and circulation of residential traffic, emergency services, mail delivery,
and trash pickup. Interconnectivity also provides options to the existing residents
getting from place to place. Although some residents may not feel they will benefit from
a traffic signal at Fairview Avenue at this time, others are more comfortable with the
safety and convenience. We do recognize that neighbors are concerned about the
speed of travel through their neighborhoods. However, in this case the geometry of the
existing and proposed streets is not one that encourages speeding or cut-through
traffic. As you can see coming off of Fairview Avenue you have to go north, make a 90
degree turn and another turn to get onto Teare Avenue. While they are providing
interconnectivity, they are not providing a straight through shot that encourages cut-
through traffic. Teare Avenue and Clarene Street were both platted in 1978 with
Settler's Village Subdivision. The rights of way at that time for each street were plated
to the property line, generally indicating an anticipation of future extension. In this
situation, should the Council decide that an extension is not what the city would like to
see, our legal staff does have some concern over placing bollards within the right of
way. Should the city not require the extension, we may have to look pulling the right of
way back a little bit. Gating public streets is something that's been done in the past.
However, it has become a legal issue and something we would need to explore a little
further. Jericho Road in August of 2001 had approximately 3,800 vehicle trips per day
and that number fluctuates depending on the time of year but Jericho is considered a
collector. However, it's a collector with front-on housing. ACHD policy generally allows
up to 2,500 vehicle trips per day for residential collector with direct access. As you can
see, Jericho has a few more cars on it than the Highway District would generally like to
see. With the extension of Teare Avenue to the traffic signal, some of the trips on
Jericho will shift to the west over to Teare where there is significant capacity to handle
additional traffic. ACHD policy does allow up to 2,000 vehicles trips per day on local
streets and at this time, Teare probably has less than 200 vehicles trips per day and just
generated by the residents, emergency, and service providers. The applicant's traffic
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March 25, 2003
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study indicates that there will be less than 1,000 vehicle trips per day on Teare when
the connection is made. In a perfect world at the Highway District, Jericho is the ideal
location for a traffic signal, because it is located at the mid mile on Fairview Avenue, a
half mile west of Locust Grove. However, at this time there is not enough traffic on that
segment of Jericho to warrant a traffic signal and, therefore, it could be many years
before one is installed. With this development, the applicant is proposing to install a
signal at the main project entrance and the warrants would be met, because of the
projected vehicles generated by the development. Today, while it may not be difficult to
enter and exit onto Fairview from Jericho to get to the existing neighborhoods, as
growth continues in the Meridian area, traffic and congestion on Fairview will increase
and the need for a signal will increase as well. We did have some questions why not to
extend Clarene Street to -- if we are going to extend Teare. When the applicant met
with ACHD staff before submitting the Final Site Plan, staff recommended to the
applicant that at least one street be extended. Two would be great, but we are at least
looking for one. Had the applicant extended only Clarene Street, it would have laid out
in a straight shot based on the current Site Plan, so it just would have been Clarene
and, then, straight down. With the extension of Teare Avenue, as I mentioned, the
motorist has to make two 90 degrees turns. This layout doesn't promote travel through
the neighborhood yet it still provides a convenient access to those who desire a signal
and in the future those who may need a signal. It also provides access to the new
development, without having to enter and exit onto Fairview Avenue for those residents
that are already living in that area. We also had some questions about signal timing
and progression. The new signal would be interconnected to the other traffic signals in
the area to provide progression as the flow of traffic increases. In a previous letter to
the Council and Mayor, I mentioned that although the traffic warrants would be met with
this development. If there is no connection to the neighborhood, it is likely that ACHD
will not allow a signal at this location, because it would only serve the development, it
would not serve the existing residents. It's likely that the scenario would lead to a
situation much like that at Hickory Way and Fairview where we have got development
occurring and residential development occurring on the north side. People are having a
hard time getting out onto Fairview, because traffic has increased as the growth has
increased. The ACHD Commission did approve this application with the provision that
Teare Avenue be extended. However, should the Council make a different motion, is it
all right if I ask it to go back to the ACHD commission, but, again, I just appreciate you
hearing our comments this evening. I would be happy to stand for any questions.
Corrie: Questions?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: So, if I understand everything you said, Ms. Richardson, basically, that the
Highway District's position is that right now the developer is willing to put a signal in
here. The original plan was to put it here on Jericho. Now, the developer is willing to
put it here. If we don't agree to remove the bollards and make a connection, then, the
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March 25, 2003
Page 14 of 40
commission is going to need to hear it again. At least your opinion is that there is not --
they are not as inclined to want to have bollards here with a signal there, so we would
still be looking at some signal here some day in the future, but nothing here.
Richardson: Mr. Nary, that's correct.
Nary: Okay. I guess one of the concerns -- it seems to me that a majority of the traffic,
in my perception, that goes down Jericho here is going to the school. The traffic coming
out is going to be benefited by that signal here, because they can come -- cut through
this way to come out, but all the traffic coming in still isn't going to change, no one's
going to go to the school this way, they are all going to go to the school here. It's
straighter. I guess I'm not sure that -- I'm not sure what benefit it provides to these
residents, other than getting out, because it doesn't provide any access better into this
area at all. I guess it doesn't seem like it's a very fair trade-off that they have. Did I
miss that?
Richardson: Well, Mr. Nary, right now I do agree with you, it is a little hard to picture
how all this is going to work, but as traffic does increase on Fairview Avenue and it will
-- right now at the peak hours, which are just four hours during the day, it is difficult to
make some turning movements. At those peak hour times, those are the times when
people are going to be most benefited. Yes, I agree that 10:00 or 11:00 in the morning
and 2:00 in the afternoon, there is not going to be a whole lot of need right now for
people to find their way to the traffic signal, but at the peak hours, it will certainly
improve the safety of those trying to enter and exist onto Fairview.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: And the analysis is that this project is going to generate a significant
amount of traffic than what is being seen at Jericho; is that true? What the connectivity
is -- as Jericho -- does Jericho connect to the south? I mean it doesn't right now, but is
this other place where they are going to put the light, does that connect to the south?
Richardson: Council Members, there is a mall area just south of the used car lot that
you can see right there on the screen. That area is undeveloped. It is possible that in
the future, if we saw some commercial or high density residential uses in there, that that
property would also benefit from a traffic signal. Unfortunately, there aren't any stub
streets in this area to help us out a whole lot down there.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: But isn't the signal more here? That doesn't line up with this street, does it? I
thought it was more kind of in the middle of this lot of the car lot. Is that right? If it's not
Meridian City Council Meeting
March 25, 2003
Page 15 of 40
going to line up with this -- this is a dead end street right here where the car wash is,
but isn't the signal somewhere closer to here? There really isn't going to be any
connection to the south.
Richardson: Mr. Tamura is indicating that it does line up.
Nary: Oh, it does line up with the street? Okay.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I don't believe that that street between the old Larry Barnes car lot and the car
wash, I don't -- that isn't a public street, I think that's just a dead end back there. In fact,
I thought there was a storage -- we approved a storage building behind the -- that never
has went in and I think Bobby's Transmission was on the other side, wasn't it behind the
car wash?
Hawkins-Clark: Mr. Bird -- I'm sorry. Yes. That's correct. Bobby's Transmission has
withdrawn from that project, but you are correct.
Bird: That isn't a public road, is it?
Hawkins-Clark: That's correct. It's a 40-foot wide easement.
Bird: Yes. It's not a public --
Hawkins-Clark: It's not a public street.
Bird: That's what I thought.
Hawkins-Clark: It's a 40-foot wide easement on property owned by Ultra-Touch Car
Wash.
Bird: Yes.
De Weerd: So, is it --
Hawkins-Clark: It's ingress-egress so, it does give access to that -- what was Bobby's
Transmission site there on the south side of Ultra-Touch.
De Weerd: And does it ever have potential to be a legal public street?
Corrie: There is always the potential.
Meridian City Council Meeting
March 25, 2003
Page 16 of 40
De Weerd: Especially with that storage, unit and you can connect. Do you plan on
having access to the south of Jericho of that undeveloped piece of property there, too,
or would you funnel it towards where ever the light is going to be?
Richardson: We will have to -- not having my crystal ball out tonight, that parcel is
served by a stub street there, as you can tell on the south boundary, so it more than
likely will -- if that property were to develop residentially and -- ACHD would just prefer
that the property be served by the stub street that's been provided.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: That other one, Brad, that we have been talking about, the one we had last week
about the podiatrist -- was that over here? That's further west or -- the podiatrist place
isn't it further west of that or east of that?
Hawkins-Clark: Councilman Nary, I think it's a little bit to the west, actually.
Nary: Over here?
Hawkins-Clark: Right.
Corrie: Any other questions? Okay.
Richardson: Thank you.
Corrie: Thank you. Any other testimony from the public? Is the testimony you are
about to give the Council the truth, the whole truth, and nothing but the truth, so help
you God?
Hopkins: Yes, it is.
Corrie: Name and address, please.
Hopkins: I'm Randy Hopkins. I live at 1390 East Mallory Lane in Meridian. I'm one of
the co-developers also. I just wanted to mention a few things. We engaged Pat Dobie
to do the traffic study and, as it was mentioned, there is about -- planned there is about
10 to 12,000 cars generated from our development. When we approached, originally,
that, we thought the connectivity would make sense, but, again, when neighborhood
first stood up and said, well, they wanted the bollards, that's fine. In general, the
connectivity made sense and, obviously, from ACHD's standpoint it's supplemental. As
she mentioned, with the two right-hand turns, it seemed like the neighborhood -- I guess
the reason that the Planning and Zoning Commission took the stand of putting bollards
there was, of course, the original traffic, you know, just concerns about that. We
thought it was more of a benefit to the neighborhood, because it does allow access on
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March 25, 2003
Page 17 of 40
those busy times. The other thing that Pat Dobie mentioned -- well, a few things one is
Jericho, even though it's a collector arterial, is probably not going to get a traffic light for
years, because there is -- I don't know how many. I think there was 100 to 200 traffic
lights planned and by us as a developer stepping up and, you know, doing the
development now and now we have a traffic light that's going to make the traffic at least
intermittent. The other thing is the neighbors will generally use it when they need to is
what will happen and the reality is that it affects about 50 percent of the turns, because
if you come out, for example, on Jericho and you take a right, you're just coming out on
the street. If you're taking a left and going against the grain is where this will, actually,
help both on east and westbound traffic, at least as per Pat Dobie's plan. Obviously, in
proceeding with the development we would hope that you would approve removal of the
bollards, so that we would have that connectivity, so we can proceed nicely with our
development. Thank you.
Corrie: Thank you. Any other questions? Okay. Anyone else? Okay. Council,
questions on the Public Hearing?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I believe the bollards are probably about the only thing that is a question on this.
As I recall, we was requested to put the things in. I'm kind of like Councilman Nary, I
believe that -- I think that -- that if we don't -- if we take it out of there and connect Teare
to it, that there you're going to -- a whole bunch of the people will be coming out that
where you have the traffic light. Because even though Jericho -- yes, if you're going to
turn right, you're okay, but even with the traffic light at the new street down there, you're
going to still have problems getting out at Jericho. I don't know what's the best thing to
do.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess 10 neighbors showed up at the Public Hearing with ACHD and they
were not voicing concern with the knowledge that ACHD has asked them to remove the
bollards. It -- with the amount of traffic this is going to generate, the traffic light makes
more sense there. For those on Jericho going -- turning with -- going with the traffic,
they will still have that ease. I agree with what Councilman Nary said, those going to
Jericho are generally going to the school because I hate to admit it, but that's the way
that I go when I go to Chief Joseph to attend meetings. Those have it until the traffic is
so bad will probably continue and with the make up of that internal street system, it's not
going to be convenient to cut through there. I think it makes sense. When you have a
stub street in your subdivision, you know it's going to connect to something, and this is
the least painful the way it's been designed to kind of take away the ease of cutting
through that neighborhood. I think it -- if we need a traffic light there, which, yes, at
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March 25, 2003
Page 18 of 40
times of the day we do and when this development goes in we definitely will, we will
need that traffic light and if we don't get it now, it's going to be a long time before we get
it, as we have seen with Hickory.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Brad, could you put that other one back up, the one that had the red lines on it?
Yes in looking at this, it would appear with the stop light in this location, all of -- none of
this traffic is going to drive over here, except to go to the school. There is not really --
the only people that are impacted differently by this stub street is really the people right
in here by the people trying to access back here and cut through. I don't see that being
a huge number difference between coming this way and the ones that are coming down
here right now. Basically, all we are doing is moving some of the traffic this way, since
there is a light. I mean none of this stuff, which is where most of the traffic is none of it's
going to go north. That's not going to impact these folks. It will give them an exit out
that will at least allow access. I guess, you know, all things being equal, here is an
opportunity to get, -- to have a light there that I think what Mr. Tamura said is correct. At
some point in the future we are going to wish there was a light there, no one is going to
pay for it, and there is not going to be any money to do it. There will be a need that
won't have funding, like Hickory, and, then, we will be in the same boat. You know, it's
not perfect and I understand the concerns that the neighbors had, but I think all things
being equal, it's probably better to do this now. Probably my only other concern is
having another light on Fairview. We have a lot and that's not getting better, but I don't
think that's -- but this is probably best of what we can do without those bollards there.
It's the most logical place to have it, so --
Corrie: And I'd agree.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move that we close the Public Hearing on Items 12 and 16.
Bird: Second.
Corrie: Motion has been made and seconded to close the Public Hearing on Items 12
16. Any further discussion?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
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March 25, 2003
Page 19 of 40
Nary: Before we close the Public Hearing, I didn't hear anything from Mr. Tamura about
the Preliminary Plat. Were there any concerns with the comments? Everything was in
agreement? Okay. I missed that. I'm sorry. I just wanted to make sure we didn't have
an issue about those, since we got into the stoplight so, that's fine.
Corrie: That's good to make sure everybody hears what's going on. Okay. Any other
discussion? Okay. Roll call vote, Mr. Berg.
Nary: We are just closing the Public Hearing.
Corrie: We are just closing the Public Hearing.
Nary: Right.
Corrie: Oh, I'm sorry. Any further discussion on Item Number 12? Okay. Then, I will
entertain a motion, then, for Item Number 12, the request for Preliminary Plat.
De Weerd: Can we vote on closing the Public Hearing?
Corrie: No. I have already voted it done. All in favor of closing the Public Hearing say
aye. All ayes.
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: Now, then, any other discussion?
De Weerd: I have none.
Bird: I have none.
Corrie: Okay. Then, I will entertain a motion on Item Number 12, the request for
Preliminary Plat.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve PP 02-034, request for Preliminary Plat approval of
seven building lots on 14.31 acres in a C-G and an R-40 zone for proposed Devon Park
Subdivision and to include all staff comments. To delete Item 6 on Page 3 that
references the railroad right of way and to ask the attorney to draft -- or to prepare
Findings of Facts and Conclusions of Law and Decision of Order.
Bird: Second.
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March 25, 2003
Page 20 of 40
Corrie: Okay. Motion has been made and seconded. Is there any further discussion?
Now, then, Mr. Berg, roll call.
Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. Three ayes. Motion is carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: Item Number 16 is a request to review the issue of the connection of Teare
Avenue and Fairview Lakes and I will entertain a motion on what the Council would like
to do with the bollards.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve the request to remove the bollards from the staff
recommendations off of the connection of Teare Avenue for Fairview Lakes and ask the
attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order.
Nary: Second.
Corrie: Motion has been made and seconded. Is there any further discussion?
Hearing none, roll call vote, Mr. Berg.
Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion is approved.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 13. Continued Public Hearing from February 25, 2003: AZ 02-029
Request for Annexation and Zoning of 39.92 acres from RUT to R-8 zones
for proposed Watersong Estates by Howell-Murdoch Development
Corporation – northwest corner of North Linder Road and West Ustick
Road:
Item 14. Continued Public Hearing from February 25, 2003: PP 02-030
Preliminary Plat approval of 125 building lots and 15 other lots on 39.92
acres in a proposed R-8 zone for proposed Watersong Estates by
Howell-Murdoch Development Corporation – northwest corner of North
Linder Road and West Ustick Road:
Item 17. Public Hearing: VAR 03-009 Request for a Variance to allow blocks 3, 4
and 7 to be shorter than the minimum of 500 feet and to allow blocks 1
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March 25, 2003
Page 21 of 40
and 8 to exceed maximum block length of 1,000 feet for proposed
Watersong Estates by Howell-Murdoch Development Corporation –
northwest corner of North Linder Road and West Ustick Road:
Corrie: Now Item Numbers 13, 14, and 17. I will continue the Public Hearing on Item
13 and 14 and open the Public Hearing on Item Number 17. Item 13 is a request for
annexation and zoning of 39.92 acres from RUT to R-8 zone for proposed Watersong
Estates by Howell-Murdoch Development Corporation. Item Number 14 is a request for
Preliminary Plat approval of 125 building lots and 15 other lots on 39.92 acres of
Watersong Estates. Item Number 17 is a request for a Variance to allow Block 3, 4, and
7 to be shorter than the minimum of 500 feet and to allow Blocks 1 and 8 to exceed the
maximum block length for the proposed Watersong Estates. At this time, I will open the
Public Hearings and the Continued Public Hearings and invite staff comments.
Hawkins-Clark: Mayor, Members of the Council, the item is continued, however, I don't
believe that you received any kind of overview or summary at your February 25th
hearing, so I will just quickly hit the highlights. The property is shown here outlined on
the west side of North Linder Road. The future middle school site is immediately across
Linder Road. Baldwin Park Subdivision is just to the north and east and Bridgetower
Subdivision abuts the entire west boundary of this proposed Watersong Estates
Subdivision. The annexation request is to an R-8 zone. The Comprehensive Plan does
designate this land as medium density residential and the R-8 request does comply with
that. The Bridgetower Crossing Subdivision is an R-4 Baldwin Park is an R-8, just to
give you a sense for the other surrounding zoning. This is largely, as you can see,
undeveloped as yet. Baldwin Park Subdivision does have their Final Plat approved and
construction of houses is well underway there. The White Drain, as you well know,
where the new trunk line is being extended, does generally course the north boundary
here of the property. You can kind of see the drain meandering off to the north and
west, but there is this shared boundary here off of Linder Road. Here on the screen is
an overview of the Preliminary Plats that have already been approved up in this north
Meridian area. It gives you a very broad overview. We can zoom in if you like, but,
generally, we have Ustick Road here on the south side, so you can see, again, here is
Linder Road. The proposed Watersong Preliminary Plat has been shown here on the
GIS and, then, Bridgetower and Bridgetower Crossing Subdivision is shown here. The
40-acre piece to the north of Watersong, at this point the city has not received any
development applications or annexation requests for it, or on the south side.
Bridgetower is shown here, along with Cobblefield Crossing. Lochsa Falls Subdivision
is here on the north side of McMillan Road. Item Number 14 on the Preliminary Plat,
the applicant is proposing 125 building lots. It has a gross density of 3.2 dwelling units
per acre and the net density, which is, essentially, removing all of the irrigation area up
top and all of the roadways, if you subtract that out, then, you have 5.3 dwelling units
per acre. They are proposing it to be phased in just two phases. The product type in
here is all single-family detached housing. The average lot size is 8,148 square feet.
They are showing about 3.8 acres total in common open space, which is about 10
percent of the project. That does not include this 20-foot wide -- I'm sorry, it's 25-foot
wide landscape buffer on Linder Road. That would include this roundabout and, then,
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March 25, 2003
Page 22 of 40
some of these internal open space lots. There is these three large ones and a couple
of smaller ones and, then, there is the open space here adjacent to the White Drain.
This next slide just gives you a sense of where that open space is located within the
project. The Planning and Zoning Commission did recommend approval of the
subdivision. They also recommended approval of the next item, which is the variance,
and I will just hit that quickly and, then, go back to the plat. The blue arrows show the
two blocks in the subdivision that are over 1,000 and, then, the red arrows show the
blocks that are underneath 500. The subdivision ordinance does set a minimum block
length of 500 and this north-south block here -- this other north-south block and, then,
the one at the south end of the project, this east-west block on the south side of Canyon
Ranch, are all under 500 feet in length. Block 8, I believe it is here, which -- they were
only allowed one access into the subdivision. It does align up with the future middle
school and what would likely be their primary access into the middle school. The
project was not, as I understand it, granted two access points, so, essentially, they were
forced to have these extra long blocks. They could have probably provided a stub
street closer to Linder to limit that Variance, but in terms of the way that they are looking
at it, you do have the White Drain that courses here and this is probably a better
connection point here, more centralized to the north boundary. Those were
recommended for approval by the Planning and Zoning Commission and staff. They
are -- they have been asked to provide here on this -- probably a little over 150 to 200
feet length, an asphalt drive that would connect off of Linder Road for Public Works
access and to the White Drain trunk. That would be a 14-foot wide asphalt path there
and, then, it would become gravel. They are putting the gravel in that would connect all
the way across the north boundary. There is a micropath here closer to the west
boundary that would access that and get them over to this open space area. The two
connections on the -- on the west boundary are connecting to Bridgetower Subdivision
stub streets that are already platted. As far as on the notes, another -- on the dates of
the plats, we did have several submitted, so if the Council makes a motion, the
Preliminary Plat is dated March 7, 2003, and the Landscape Plan is dated February 25,
2003. Those were the most recent submittal dates on those. That's all I'll present at
this point.
Corrie: Thank you, Brad. Any questions from Council? This is a Public Hearing
continued. Is the applicant or a representative here this evening? You have already
been sworn, so name and address, please.
Fluke: Mr. Mayor, Members of the Council. Thank you. Darin Fluke, JUB Engineers,
250 South Beachwood in Boise, representing the applicant in this matter. We did go
through this application about a month ago when we didn't have a Variance application
ready for you, which we do now, obviously. Brad hit the high points. Just regarding the
Variance, I would just point out for you that initially this stub street was designed further
to the east, but the Highway District requested that it shift to the west, so that it not hit
the White Drain just as soon as it crossed the property line. With this stub street, this
worked best for the property to the south and, in any event, moving it as far as we could
in this direction wouldn't have made this block length any shorter. We were -- well,
short enough to comply with the ordinance and we were -- Brad is correctly stating that
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March 25, 2003
Page 23 of 40
we were required to have only -- or allowed to have only a single access to Linder Road
that aligns with the conditionally approved driveway of the school there. As I stated at
the previous hearing, we do have some good quality open space in the development.
The applicant intends to develop a nice entry feature on this parcel here, with a gazebo
and a nice type of urban piazza feel on that. Then, on this larger open space lot here,
which is about a half an acre in size, that will contain a tot lot, as well as just some open
space on that. I think we have designed a nice project that fits well with the things that
have been approved around us and we'd just simply ask for your approval of the
application.
Corrie: Any questions?
Bird: I have none.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Fluke, what was the density?
Fluke: About three to the acre. 3.08, I believe.
Nary: What's the reason for requesting an R-8 zone if it's within the R-4 density?
Fluke: Pretty much because we can -- it gives us more flexibility on designing the lots.
Some of the lots drop below 8,000 square feet. Although the average is 8,000, we do
have lots as small as 6,600 square feet. Sometimes we get pinched on frontage as
well, so we can have less frontage with the R-8.
Nary: On those other open spaces you talked about this being sort of a plaza sort of
feel to it and this one having the tot lot; is that correct?
Fluke: Correct.
Nary: And the others are just green space? Is that what that is? There is not a path or
anything of that kind of stuff green space here green space there?
Fluke: That's correct. Some of those will also contain drainage.
Nary: Okay.
Fluke: If you have seen what we did in Cedar Springs Development, those combination
open space drainage lots came out really nice. We intend to do that with these as well.
I should just point out, too, while we are on this topic, that the Planning and Zoning
Commission did -- right now there is a 32-foot easement here, which contains your
White Trunk Drain and there is a path -- or a gravel road on there right now that
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March 25, 2003
Page 24 of 40
provides access to that line. What the Planning and Zoning Commission requested
was that we pave it from here to about right here, so that in the eventuality that a path
develops along the White Drain, that our piece would be in place and would be able to
connect to that, so --
Corrie: Any other questions?
Nary: I just want to thank you for putting in a tot lot and a gazebo without anybody
asking.
Corrie: Thank you. Is there anyone else from the public that would like to issue
testimony? Okay. Council, discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Last week Council had issues about road improvements, school availability,
and traffic issues. This is in the same area. In fact, the application we heard, the same
concerns voiced last week, was right next to an elementary school. We were waiting to
hear from the school district on their plans of accelerating the building of elementary
schools in the North Meridian Area to respond to some of the developments that have
been approved. I don't know what the feeling of this Council is, but this impacts that
same area. I was interested to maybe hearing their thoughts on that.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I guess my thought -- I mean this is a little west of the other area, but it does
impact a different school. I think that the testimony and concerns we've heard
expressed before was about a school off of Locust Grove, which would impact River
Valley and this school that they are building there. I didn't hear all of the comments last
time, but I think that was part of the problem. This one is going to impact the existing
school Ponderosa and probably Linder, will probably be the ones that get impacted by
this one, and is that what your concern is?
De Weerd: Well, yes, we have Lochsa, we have Bridgetower, and we have -- and what
Ms. McKay did say is the school district has made the decision to build that elementary
school at Bridgetower, which would put it right next to this development. My issue is I
would like to know what those plans are, as we are filling those schools, just to have
that concern. Maybe the applicant can respond to it if he has been told that by the -- or
by the school district as well, that can pretty much confirm what we heard last week.
You know, this is an issue in the North Meridian Area to facilitate this, that information
piece would be good to have.
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March 25, 2003
Page 25 of 40
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: And one other -- I guess the other piece of that is this is kind of a concern of the
problem we have with these sizes of developments. You know, when you see these
larger ones, like Bridgetower and these big ones like this, they can incorporate all those
pieces. A development this size doesn't have the same capability. I know Mr. Howell
did a good job at Cedar Springs in being able to incorporate that school into that one.
This one is just a smaller size. I mean I think you have asked a very fair question at
least to know what's the likelihood of when those schools are going to be built. I don't
know if we had actually planned for such a date for the school district to be here. I don't
recall.
De Weerd: Next week.
Nary: Is it next week? Okay.
De Weerd: Right?
Nary: One other thing, too, just while we are talking about it, one of the things that we
had seen before -- and Brad was good enough to point out tonight, we had asked to
have this information, you know, on a disk or downloaded, so that we could have the
ability to look at that as well. I mean I like this map. I think it really shows a good
grouping of where things are, so I really appreciate that, but we haven't had that.
Maybe that also helps I guess before we get here to look at that, but are you thinking of
wanting to continue this matter?
De Weerd: Not necessarily.
Nary: Oh. Okay.
De Weerd: I just -- I mean it's across from the middle school, which is slated to be
developed, but I heard at the last meeting that that was a major concern and it should
be. We need to make sure that as we okay these developments, we know what the
school district's plans are.
Nary: I don't recall exactly where in the Bridgetower Development -- where the school
was supposed to be -- is it this piece right here?
De Weerd: Yes.
Nary: Okay and I think we -- so we are just looking more at what time table that this
school is going to be developed in relation to when this gets built.
De Weerd: Right.
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March 25, 2003
Page 26 of 40
Nary: Is what your concern is because, obviously, this is not going to be just filled up by
the people in Bridgetower only or that wasn't the intent of --
De Weerd: Right. It's going to be filled up by a lot of that and I think that --
Bird: And you have Lochsa Falls, too, that --
De Weerd: What Becky had said is that the school district had made this one in
Bridgetower the priority of the next elementary school built after the one over by -- off
Locust Grove. If that's the case, you know, there is no issue and certainly, the middle
school going in across the street is going to serve that subdivision, too.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Excuse me, Mr. Mayor. Then, it's this school limit as well, is it not? Same
location?
Bird: Not that I know of?
Nary: Not yet? Okay. That was a discussion that --
Bird: You got a high school back to the east.
Corrie: I think there is going to be one over to the west right in that area in there
somewhere.
De Weerd: Yes the north. The northwest and that would be --
Corrie: There is a possibility of 16 grade schools in that whole 12 square miles. Where
they put it is their guess.
Nary: Right. My recollection was when we discussed this subdivision here, that there
was some talk of putting this -- putting the -- something on the -- I guess the west side
of that and the school district is still looking at that, so --
Corrie: Okay. Is there anyone from the public that would like to issue testimony?
Okay. Council?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
Meridian City Council Meeting
March 25, 2003
Page 27 of 40
De Weerd: I guess, Brad, did we ask for the school district's response for next week?
Was it April 1st
or was it the 8th
?
Hawkins-Clark: Parkstone is April 1st
. Correct.
De Weerd: And we haven't heard anything preliminary to that?
Hawkins-Clark: I have not. I can confirm -- I can confirm a conversation with Mr.
Bigham about Bridgetower Crossing Subdivision -- I mean on McMillan Road being their
next bond issue priority.
De Weerd: Okay bond issue, but not that's covered within the current bond?
Hawkins-Clark: That's my understanding; correct.
Corrie: They are building after the fact.
Hawkins-Clark: The other two elementary school sites here and in Cedar Springs
Subdivision north off of Ustick and, then, Havasu Creek, there is also a 12-acre site
there. Those two have been preliminarily platted and discussions with the school
district have taken place.
Bird: Are those already bonded? I think there are three elementaries that are already
bonded and the ones out on Locust Grove that they are putting in out there by the
alternative would be -- the alternative high school and I thought there were two more. Is
there only two? Do you know?
Hawkins-Clark: I don't. I can certainly ask Mr. Bigham to address that next week.
Bird: Yes. They are off this week, the school.
De Weerd: I guess that was contrary to what I believe Ms. McKay had told us or Mrs.
McKay, that she was told by the school district that the Bridgetower Elementary School
would be the next priority with -- already funded within the current bond. I was ready to
move on this evening, but with that contradiction, I don't feel comfortable. That's just
one person, so -- I would like to see it continued until next week to verify it. I already
know what next week looks like, so I don't do this lightly, but I would like to know about
this elementary school, because this elementary school will be serving not only this, but
Bridgetower and Lochsa as they start to develop and whatever is across the street.
Bird: Baldwin.
De Weerd: Yes.
Corrie: Let's not forget the timing of this, either -- of the build outs and the schools and
when they are going to go. I'm hesitant to second-guess the school system at this
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March 25, 2003
Page 28 of 40
point. They know their problems and we have asked them -- who knows if we have
actually got a good solid answer -- I don't think we ever will from them, but I suppose
one week is not going to make the world stop. Time is money to the developer, but --
we haven't closed the Public Hearing, have we?
De Weerd: No.
Corrie: Okay kind of give us a little bit of a rundown.
Fluke: Thank you, Mr. Mayor. Darin Fluke with JUB again. We don't want to minimize
the school issue at all, this developer is very sensitive to that issue, and that's why we
reserved this lot. The lots -- a large number of lots within Cedar Springs to provide that
school site. With schools, it's much like the road situation. You are never going to have
them prior to the need. You get in this chicken and egg scenario and they don't have
the money to develop them in anticipation of the development, so they have to respond
to the development. One thing I can tell you for sure is that the Meridian School District
has been very responsive and I know from personal experience that they can work very
quickly to get a school site done. We started this project here for that elementary
school just last fall and we are on track to have that school open this coming fall and it
was hard to do, but they can do it, and they have done it. Our understanding is, as well,
that this is the next priority. I don't know if it's funded or not, but it is the next priority to
be built and our understanding was that, then, this would follow on the heels of that. I
would just -- I'm not sure what it will change if Council waits a week, if you find out that
it's not in the bond, then, I guess I would have to ask the question what then? Do we
deny this application because that has not been the recommendation of the school
district? They will provide for the population as it grows out here and they have not
recommended that you deny it, so I'm not sure what the finding would be or, you know,
what we would accomplish by holding off a week. The only reason I have this sense of
urgency is we are a month behind schedule currently and -- because of the Variance,
application and we would like to keep it moving and so I would just offer that with that
request.
Corrie: You are correct. Whenever they start, they start early, because there is a law
that they move to the top of the list before anybody else. If they decide to do it, they
can come in and they are right there, so --
Fluke: Thank you.
Corrie: Thank you.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I guess my only thought would be -- as long as the Public Hearing is still open,
although I do agree that I'd like to know a little bit of what the school district -- I guess
Meridian City Council Meeting
March 25, 2003
Page 29 of 40
what their immediate plans are. I don't think we anticipated when we made that
decision to simply hold everything in abeyance until we did. We didn't know for sure
that they were going to be here next week or the week after or however long that was
going to take. I was apprehensive in looking at this originally, but the density is
compatible to the R-4, the open space is better than many we have seen. Good quality.
Mr. Howell, I think, is very sensitive to the needs of the community in regards to
schools, but this is a development that doesn't really call for a school site in itself, so I
guess I would concur with Mr. Fluke -- you might want to write that down, Mr. Fluke. I
concur with Mr. Fluke in that, you know, I don't think our -- I don't really see a reason to
deny it next week if the school district says we are not going to build that Bridgetower
school for another couple of years. I don't think this is the development to make that
stand on. The ones to make that stand on are the ones that have 800 homes in them,
rather than ones that have a hundred homes in them, where the impact is significantly
smaller. I guess I don't have a particular reason on this development to hold it off, even
a week when they have done everything they have been asked to do. In fact, not that
this really does -- should matter, but I mean we held off a different project from Mr.
Howell for the same thing, we wanted a map and we held it off for a couple of weeks
just to get a map. I don't think that this -- I don't think it sends the right message from
us and this particular developer I think has put together a project that's worthwhile. I
don't anticipate us wanting to delay it just because the school isn't going to be built
soon, so I don't see a reason to delay it. I think we can go forward.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I can't believe these guys are agreeing with me this week. I move that we close
Public Hearings 13, 14, and 17.
Nary: Second.
Corrie: Okay. Motion has been made and seconded to close the Public Hearing on
Items 13, 14, and 17. Any further discussion? All those in favor of the motion say aye.
Opposed no? All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: Further discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess before Mr. Bird makes his motion, I agree with Mr. Fluke that if they
don't say this is the next school, we can't really base a denial on what their time frame is
for the school. It might change something, a notation on the plat, that these kids may
Meridian City Council Meeting
March 25, 2003
Page 30 of 40
be bused somewhere or -- which we have done in the past. Yes, it's not that big of an
issue, but I guess staff has been so responsive in some of these larger views on these
developments. I would like to see if maybe we can work a little closer with the school
district -- and maybe next week is going to be that opportunity to ask them for more
detailed plans on the order of how they are constructing these schools. We have a
heck of a lot of activity going on in our north Meridian area and it would be good to
know, because we have to assume some of the responsibility, since we are providing
the ability for the growth to be there. It's something that we need to be answerable to
the public as well. If next week can answer a lot of that, that we can carry into some of
the decisions that we're trying to make or ask the school district to respond, you know,
is this development in an area where an elementary school will be constructed, that's
going to be helpful information. I would like to get a listing, in particular the North
Meridian Area, of the developments that have been approved, their densities, the
number of houses, so that we are better able to keep up with all the activity in North
Meridian, if that can be included in that so, go for it.
Bird: Okay.
Corrie: All right.
Bird: Mr. Mayor?
Corrie: I will entertain a motion on Item Number 13.
Bird: Okay before I make a motion, I agree with the engineer. There is no -- in a
perfect world it would be nice if all the infrastructure was in and ACHD had the roads in
and the schools were all built. The problem is that it's the growth that has to pay for it,
so, anyway, I would make a motion that we approve AZ 02-029, request for annexation
zoning of 39.92 acres from RUT to R-8 zones for the proposed Watersong Estates by
Howell-Murdoch Development Corporation. Northwest corner of North Linder Road and
West Ustick Road, and to incorporate all staff comments and have the attorney draw up
the Findings of Facts and Conclusions of Law and Decision of Order.
Nary: Second.
Corrie: Okay. Motion has been made and seconded. Any further discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: A condition that we have placed on all of these, to make sure that the
decision is made within the North Meridian Plan in regards to roadways be included as
a finding.
Bird: That's right. That was in the staff's comments.
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March 25, 2003
Page 31 of 40
Corrie: Any further discussion? I'll make one comment here. I have spent 12 years up
here and I, too, would like to have the schools cooperate a little bit more, but I haven't
heard it yet. Maybe they will get the word this time. Okay. Mr. Berg, roll call vote.
Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. Approve Item Number 13 on the annexation and zoning.
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: Now, we will take Item Number 17. This is a request for a Variance to allow a
three block -- three, four, and seven to be shorter than 500 feet and -- I better do the
Variance before we do that Preliminary Plat.
Bird: Do we do the Variance or the Preliminary Plat first?
Corrie: We have to do that Variance, don't we? Mr. Attorney, which -- the Variance or
the plat first?
Nye: You may as well go ahead and do the plat first, because that's where the
information is for you to grant the Variance.
Corrie: Okay got you. All right. With that advice, I will do Item Number 14 with the
Preliminary Plat.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I'd move that we approve PP 02-030, request for Preliminary Plat approval of 425
building lots, 15 other lots, on 39.92 acres in a proposed R-8 zone for the proposed
Watersong Estates. By Howell-Murdoch Development Corporation, northwest corner of
North Linder Road and West Ustick Road and the date of the plat is March 7, 2003, and
for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision
and Order and incorporate staff comments.
Nary: Second.
Corrie: Okay. Motion has been made and seconded to approve the Preliminary Plat.
Any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. Three ayes. One absent. Motion is approved.
Meridian City Council Meeting
March 25, 2003
Page 32 of 40
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: Now, Item Number 17 is a request for a Variance.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve VAR 03-009, request for Variance to allow Blocks
3, 4, and 7 to be shorter than the minimum 500 feet and to allow Blocks 1 and 8 to
exceed maximum block length of 1,000 feet for the proposed Watersong Estates by
Howell-Murdoch Development Corp. Northwest corner of North Linder Road and West
Ustick Road and for the attorney to draw up Findings of Facts and Conclusions of Law
and Decision of Order and to incorporate staff comments.
Nary: Second.
Corrie: Motion has been made and seconded to approve the request for Variance. Any
further discussion? Hearing none, roll call vote, Mr. Berg.
Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. Three ayes. Motion is approved.
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: Item Number 15 is a continued -- yes. Let's take five minutes. If everybody will
be back at 10 minutes to 9:00, we will be ready to go.
(Recess.)
Item 15. Continued Public Hearing from March 18, 2003: Comprehensive Plan
Text Amendments regarding Urban Services Policies in the 2002
Comprehensive Plan:
Corrie: All right. I will reconvene the Public Hearing and Item Number 15 is a
continuation of a Public Hearing from March 18th
, the Comprehensive Plan Text
Amendments regarding Urban Service policies in the 2002 Comprehensive Plan. At
this time, I will open the Continued Public Hearing and invite staff's comments.
Hawkins-Clark: Mr. Mayor, Members of the Council, you should have received a March
21st
memo from myself that included the final version of this text amendment that we
have been discussing off and on for quite sometime now. We are pleased to submit
what we think has got a number of different pieces in it that compromise with a couple
of the private industry groups and some input between the various city departments,
department heads and key staff. As I mentioned in the memo, it does kind of a
Meridian City Council Meeting
March 25, 2003
Page 33 of 40
blending of the urban service policies that are in the North Meridian Plan that has its
first Public Hearing tomorrow night. As well as some of the -- a little bit more detail that
staff had -- was looking for, particularly with regard to some of the fee -- the fee issues
on Public Works, as well as the park impact fees. Hopefully, you have had a chance to
look at that and I will just stand for any questions, unless the Public Works, Brad, if
you --
Corrie: Brad, do you have any questions? All right. Any comment from Brad? Council,
any --
Bird: I have none, Mayor.
Corrie: Okay.
Bird: Appreciate the work you did for us.
Corrie: Okay. We have a Continued Public Hearing. Anyone from the audience that
would like to issue testimony? I have Mike Wardle on the list. Is the testimony you are
about to give the truth, the whole truth, and nothing but the truth, so help you God?
Wardle: It will be.
Corrie: Name and address, please.
Wardle: Mike Wardle, 4940 Mill Station Drive in Boise. It's going to be brief, too. I just
wanted to express support for the work that your staff has done in pulling together a lot
of information over a period of time, incorporating the concepts that come out of the
north Meridian plan, but appropriately adding other information that tightens down the
policies that should work for the city. I just wanted to be here, express support, and
conclude with that.
Corrie: Thank you, Mr. Wardle.
Wardle: Thank you.
Corrie: Anyone else from the public that would like to issue testimony? Okay.
Discussion, Council?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I'd just like to express appreciation for Mr. Wardle, Mr. Estess, Mr. Eaton, and all
of our staff in getting this done. It has been a long haul to get these revisions done, but
I think they show true cooperation among all the different players here that makes it a
better -- makes a better policy. Makes a better -- makes it a better plan to have that and
Meridian City Council Meeting
March 25, 2003
Page 34 of 40
although the state statute says you can amend the text at anytime, obviously, it's not
quite so easy.
Bird: No.
Nary: But I think it shows, really, cooperation and that's the key so, I think it's good.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I'd echo those thoughts, too, with everybody that has been involved in it, that has
helped and stuff, our staff, Mr. Wardle, the building contractors and the real estate
people, it's been -- it shows what -- if you get together what you can do and how it can
come together and I certainly appreciate it.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess since this was my sticking point, you know, it's -- I still like the old
language from the '93 plan.
Nary: Give it up.
De Weerd: But it has been worked in collaboration to get to this point. It's kind of the
middle point and I think that our staff has a certain comfort level with it and I probably
have more of the opinion that Public Works has. I think we are probably at the same
point but I can live with this. I do appreciate all the work that has been put into it to
coming up with the final wording and appreciate all of the efforts.
Corrie: It's sort of like a ribbon cutting, the Mayor gets to talk last, so everybody says
what he's wanting to say at the time, but I do want to thank the staff and Mr. Wardle and
all of them. This is a compromise, I think it's a good one, and I think we need to get on
with it and get this to the Ada county Commissioners and get it finalized for sure. Any
other comments? Hearing none, I will entertain a motion to close the Public Hearing.
Nary: So moved.
De Weerd: Second.
Corrie: Motion has been made and seconded to close the Public Hearing. All in favor
say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Meridian City Council Meeting
March 25, 2003
Page 35 of 40
Corrie: Any further discussion? Okay. Then, I will entertain a motion on the Urban
Service Policies that shows the strikeouts and the additions.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move that we approve the Comprehensive Plan Text Amendment
regarding the Urban Service Policies in the 2002 Comprehensive Plan for adoption that
is dated March 25, 2003, and bring this before the -- do we need Findings or do we
need an ordinance? Ask the attorney to draw up a resolution that we can, then, pass
onto the county commissioners.
Nary: Second.
Corrie: Very good. Any further discussion? Okay. Roll call vote.
Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: The Mayor is also aye. I don't get to vote on this one, but I like the -- okay.
Very good.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 18. Public Hearing: AZ 02-032 Request for annexation and zoning of 5.0
acres from RUT to R-2 zones for proposed Northbridge Subdivision by
Centennial Development, LLC – west of North Meridian Road on West
Ustick Road:
Item 19. Public Hearing: PP 02-035 Request for Preliminary Plat approval of 5
building lots and 4 other lots on 5.0 acres in a proposed R-2 zone for
proposed Northbridge Subdivision by Centennial Development, LLC –
west of North Meridian Road on West Ustick Road:
Item 20. Public Hearing: MI 03-013 Request for a private road for proposed
Northbridge Subdivision by Centennial Development, LLC – west of
North Meridian Road on West Ustick Road:
Corrie: Item Numbers 18, 19, 20 has been asked to be continued until April 1, 2003. Is
there anyone from the public that wants to issue testimony now that can't be here the
1st
of April?
Bird: Are you going to open the Public Hearings right now?
Corrie: I will and, then, continue them. Now, I will open the Public Hearing on 18,
Public Hearing Number 19, and Item Number 20, for the annexation and zoning of
Meridian City Council Meeting
March 25, 2003
Page 36 of 40
Northbridge Subdivision, the Preliminary Plat of the Northbridge Subdivision, and the
request for a private road on Northbridge Subdivision. Council, I will entertain a motion
to continue all three Public Hearings, at the applicant's request, until April the 1st
.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I'd move that we continue Items 18, 19, and 20, the Public Hearings for the
annexation and zoning, Preliminary Plat, and request for a private road for Northbridge
Subdivision to our meeting of April 1, 2003.
Bird: Second.
Corrie: Okay. Motion has been made and seconded to continue the Public Hearing on
18, 19, and 20 until April the 1st. All those in favor say aye. Opposed no? All ayes.
Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 21. Public Hearing: VAR 03-010 Request for a Variance for extension of
time to file subdivision plat as required by the City of Meridian for Tramore
Subdivision by A.L. “Drew” Seargent – south of West Pine Avenue and
east of North Linder Road:
Corrie: Item Number 21 is a Public Hearing. This is a request for a Variance for
extension of time to file subdivision plats as recorded by the City of Meridian for
Tramore Subdivision by A.L. Drew Seargent, south of West Pine Avenue and east of
North Linder Road. At this time, I will open the Public Hearing and have staff comments
first on the Variance request.
Hawkins-Clark: Mayor, Members of the Council, this item is a Variance for a recording
of Tramore Subdivision Final Plat. The applicant has requested an extension to be able
to file with the Ada county recorder the Final Plat that was approved -- the
Preliminary/Final Plat. It was a combination shot plat that was approved over a year
ago. What's shown here on the slide is, actually, not the entire plat, it is, actually, the
Conditional Use Permit site plan, more or less, that is on the northern lot here. Pine
Avenue is on the north side. It is just about a quarter mile to the east from Linder Road.
The Nine Mile Drain does separate Lots 1 and 2. Lot 2 is on the south side and it's a
flag lot that does have frontage on Pine Avenue. My apologies for not having the
correct plat here, but I have submitted a March 19th
memo to you that kind of
highlighted a little bit of the background on this and did mention that last month Council
did direct staff to begin the process of reviewing and potentially amending Code 11-18
and 12-11 to reduce the need for these. The findings on this, technically, we feel cannot
be met for a Variance, but, as I noted, there have been a number of similar applications.
In this case, it's not unlike some of the others. The reason for the failure to record is
Meridian City Council Meeting
March 25, 2003
Page 37 of 40
often some kind of a coordination issue or -- with other agencies or amongst developers
themselves. That's a similar case. In order for them to proceed, they are in the process
of constructing right now the senior apartment center. If you have been out there, there
is some infrastructure material lying around. They have received a Building Permit,
because the whole subdivision is -- was a single legal lot of record, so we considered
that to be allowed a one time building permit, so the Conditional Use Permit really was
not tied to the recording, but we want to see this, of course, moved through and get
these two lots legally split correctly. I guess that's kind of where we stand on this one.
Corrie: Thank you. Any other comments from staff? Okay. Questions of staff? Is
there anyone else? Is the applicant here tonight? Is the testimony you are about to
give the truth, the whole truth, and nothing but the truth, so help you God?
Seargent: Yes and it's Drew Seargent.
Corrie: I'm sorry.
Seargent: That's quite all right. As you read in your report right through there, I was
hired by the Tramore, LP, that was basically by the major shareholders and Thomas
Development was a very minor shareholder. Their responsibility was to take this to
development and do some financing activities for this group. Mr. Angel and Larry
Stevens hired me to be the construction manager to come on board about the time the
contracts were let and, as you can see, in January of '02, the combination of the
conditional use for 18 months and a subdivision to be recorded within 12 months.
During the scramble with getting me on board, when they lost confidence in Thomas
Development Company and brought me on board in the end of December, I was getting
a lot of data and this was an oversight for them to get that data to me. If I had known at
that time, I would have come in at the appropriate time and filed for this. Since, then, I
have pushed this project, which has had some significant problems through the
engineering, planning, and other documentation, ACHD, and within 30 days about got
everything accomplished. Just -- it came about without my knowing it, thinking they
were both simultaneously to end at the same time. That's what -- I'm not giving you
excuses, I'm just stating facts. Mr. Angel and Mr. Stevens weren't aware of all the facts
that were going on, who were the prime financiers of it, and when we get through
getting everything recorded and building this project, virtually nothing will change.
Everything is in place. Everything has been agreed to by all public agencies and we
have a time limit on the financing on this project by December 31st
of this year to get
this project built and get all the elements in place. That's not your problem, but if that
fails to happen, we could end up with a project that possibly may not be completed. It
wouldn't be in the best interest of the City of Meridian and some of the patrons, and
certainly not the best interest of these two developers trying to put together a multi-
million dollar project, which is a very needed project for a senior housing community in
Meridian and in the rest of the county. I will stand for any questions.
Corrie: Any questions of Mr. Seargent? Okay. Thank you. Sorry I mispronounced
your name.
Meridian City Council Meeting
March 25, 2003
Page 38 of 40
Seargent: You are with the rest of the crowd. Thank you.
Corrie: Thank you. Anyone else from the public? Okay. Council, any questions?
Hearing none, I guess I will entertain a motion to close the Public Hearing.
Nary: I'd move to close the Public Hearing.
De Weerd: So moved.
Bird: Second.
Corrie: Motion has been made and seconded. Any further discussion? All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: Any further discussion? Okay. I'll entertain a motion on the request for a
Variance for extension of time.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I think Brad's done a terrific job in this staff report, pointing out our concerns with
these things. I understand the reasons for this one. I think certainly this is not one like
the last one where the developer, I think, was wanting more than what he was really
entitled to. This one is really about as minor as you can get. I guess one signature
would make it a little more minor, rather than two, but other than that, I think it is pretty
minor. I can understand the reasons for the delay, so I would move that we approve
VAR 03-010, request for the variance for the extension of time to file the subdivision plat
as required by the City of Meridian for Tramore Subdivision by A.L. Drew Seargent,
south of West Pine and east of North Linder Road. I guess we need Findings of Facts
and Conclusions of Law and Decision of Order from the counsel, pursuant to the staff
report and all staff comments.
Bird: Second.
Corrie: Okay. Motion has been made and seconded on the request for approval of the
variance. Any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll Call: McCandless, absent; Nary, yea; de Weerd, yea; Bird, yea.
Corrie: Okay. Vote is three ayes. Motion is carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Meridian City Council Meeting
March 25, 2003
Page 39 of 40
Corrie: That takes care of the regular agenda for the City Council. I guess --All right.
Anything else, Council?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I was just going to mention, next week, if the Highway District is coming next
week or whenever they are coming -- or not -- sorry, the school district, you know, they
used to come monthly to our workshops and they haven't come, really, much for about
a year, unless we have asked them to. Specifically maybe in that meeting we can see if
there is at least quarterly, maybe, we could get an update from them or something like
that, so that way we can kind of keep abreast of what's going on. They seemed to be
pretty receptive before, so maybe if we have that conversation with them, we could
have them a little more often than just when we ask them to come.
De Weerd: Mr. Mayor?
Corrie: Mrs. De Weerd.
De Weerd: Also, for next week -- is it Parkpoint? What was the -- Parkstone? If ACHD
can be there to respond to the center lane item, that one of the people that testified
brought up -- thank you.
Corrie: Let the record show her head was nodding yes. Thank you.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: One last thing. On the Sage presentation that we had tonight at Pre-Council, I
thought it was very informative. I think there is some -- probably some valid discussion
that doesn't -- maybe not next week. If we could have that at Pre-Council for discussion
in the next couple of weeks, so we can decide whether or not we want to -- if we have
any funding to be able to basically join for the remainder of this year, as well, as
consider it in our budget presentation for next year. I did talk to Ms. Simko outside in
the hallway on the break between the meetings and she did say, yes, they had
submitted a bill last year. Certainly if the city is willing to still partner with them now,
they would pro-rate that for the remainder of the budget year, so that would have to --
we wouldn't have to pay them the entire amount, but, anyway, we could have that
discussion in a couple weeks when we know kind of what we want to do.
Corrie: Okay.
Meridian City Council Meeting
March 25, 2003
Page 40 of 40
Nary: They just had a presentation from say within the last -- oh, within the last month,
month and a half. They have had other things on their plate.
Bird: I sure can't believe that.
Nary: But they did have a presentation and I think Councilman Mapp is a big supporter
of Sage.
De Weerd: Do you know how much?
Nary: Their request last year was about 2,300 dollars and it's a change, so they would
be willing to pro-rate that for the remainder of this year and, then, we'd have to know
whether or not to conclude that in potential funding under our budget process.
Corrie: I will say that there has been a lot of change in that from the last seven or eight
years they have presented to us. I -- at that time the Council wasn't for that. I think that
I will give to the -- I will have the city clerk make an extra copy of this disk, so you can
have one in your box tomorrow and you can discuss that and we will have it on the pre-
Council on -- it will be on the 8th of April and so that --
Nary: Okay.
Corrie: Is there anything else? Hearing none, I will entertain a motion to close the
Public -- or close the hearing.
Bird: So moved.
De Weerd: Second.
Nary: Second.
Corrie: Motion has been made and seconded. All those in favor say aye. All ayes.
Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT.
MEETING ADJOURNED AT 9:14 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
/ /
ROBERT D. CORRIE, MAYOR DATE
Meridian City Council Meeting
March 25, 2003
Page 41 of 40
ATTESTED:
WILLIAM G. BERG, JR., CITY CLERK