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HomeMy WebLinkAbout2003 10-07Meridian City Council Meeting October 7, 2003 The Regular Meeting of the Meridian City Council was called to order at 7:15 P.M., on Tuesday, October 7, 2003, by Council President Tammy de Weerd. Members Present: Tammy de Weerd, William Nary, Keith Bird, and Cherie McCandless. Members Absent: Mayor Robert Corrie. Others Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Kenny Bowers, Bill Musser, and Dean Willis. Item 1. Roll call Attendance: __X Tammy de Weerd _ X__ Bill Nary __X Cherie McCandless __X Keith Bird O Robert Corrie De Weerd: Okay. I will go ahead and call the City Council Regular Meeting of October 7th to order at 7:15. I'd like to welcome all of you here tonight and ask the City Clerk to call roll. Item 2. Adoption of the Agenda: De Weerd: Thank you. Okay Item Number 2, adoption of the agenda. There has been a couple of requests for Number 8, to continue that until November 5th , and on Item 7, that's also been requested to table -- we have two weeks -- would October 21st be okay? Powell: Yes. That's fine. De Weerd: And on the Consent Agenda to pull item A, that needs to be tabled until next week, are there any other changes? Okay. I would entertain a motion. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we adopt the revised agenda as stated. Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended. All those -- oh. All those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Meridian City Council Meeting October 7, 2003 Page 2 of 44 Item 3. Consent Agenda: A. Tabled from September 23, 2003: Resolution No. : Approving the Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: B. Approve minutes of September 9, 2003 City Council Regular Meeting: C. Approve minutes of September 16, 2003 City Council Regular Meeting: D. Approve minutes of September 16, 2003 Pre-Council Meeting: E. Findings of Fact and Conclusions of Law for Approval: VAC 03-004 Request for Vacation of a dedicated fifteen-foot right-of- way on West 4th Street for Meridian Head Start by Friends of Children and Families, Inc. -- 333 West Broadway Avenue: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-030 Request for a Conditional Use Permit for a drive-thru coffee kiosk in an L-O zone for Coffee Kiosk by Donn Reiswig – east of South Eagle Road and south of East Franklin Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 03-035 Request for a Conditional Use Permit for a martial arts / self defense establishment for children in a C-N zone for Karate For Kids by Petra, Inc. – southeast corner of South Linder Road and West Franklin Road: H. Approve / Award Bid for Bear Creek Park Restrooms – Haemker General Contracting Company: I. Beer / Wine License Transfer from Steve Eddy to Jackson’s Food Stores – Locust Grove Chevron, 1950 East Fairview Avenue: J. Beer / Wine License Transfer from Steve Eddy to Jackson’s Food Stores – Eagle Road Chevron, 3100 East Magic View Drive: K. Beer / Wine License Transfer from Steve Eddy to Jackson’s Food Stores – Meridian Chevron, 180 East Central Valley Drive: L. ACHD Warranty Deed for Locust Grove Fire Station: Meridian City Council Meeting October 7, 2003 Page 3 of 44 M. Storm Water Drainage Easement for Locust Grove Fire Station: N. Right of Way Traffic Signal Easement for Locust Grove Fire Station: O. Joint Effort Agreement with Ada County Highway District for Franklin Road Rebuild Project (Including Installation of Water and Sewer Facilities): P. Agreement for Professional Services with Brown & Caldwell – Wastewater Pretreatment Local Limits: Q. Water Main Easement for St. Luke’s Helipad and Crew Quarters: R. Water Main Easement for RC Willey Carpet Warehouse: S. Extended Warranty Agreement with Schindler Elevator for Meridian Police Department: T. Award of Contract – 2004 Locust Grove Sewer and Water: U. Approve Contract for Well No. 25 Inspection Services and Hydraulic Testing Possible: V. Approve Bills: De Weerd: Okay. Item 3, the Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda with the exception of Item A being table to October 14, 2003 and for the President to sign and the Clerk to attest on all proper papers. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda with the tabling of Item A and the Mayor -- or Council President to sign and Clerk attest. Mr. Clerk, will you call roll? Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting October 7, 2003 Page 4 of 44 De Weerd: Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports A. Public Works Department: 1. Discussion of Request by Christian Family Matters for Water Service – 1345 West Overland Road: De Weerd: Okay. Under Item 4, Department Reports, Public Works. We will start with A-1. Watson: Thank you, Council President, Council Members. This request is from Christian Family Matters, located at 1345 West Overland Road. Right there. I think you can see it on the screen outlined. It's directly south, I believe, of the Bodily RV project. It's underway. They have an active Conditional Use Permit and Building Permit through Ada County for a building on this site that's underway. What they are wanting is to have the city provide water service mostly for fire protection, but, as I understand it, also for domestic use, but the primary reason for fire protection to that site. They will either continue their septic system -- the existing septic system or make other arrangements for sewage. We can't serve them by -- we can't serve them with sewer at this point. I believe you have a memo that I wrote, dated October 2nd that outlines this and also has four conditions tied to it. One is that they submit engineer plans for this water main extension, submit a signed waterline easement, and pay applicable review inspection and assessment fees prior to water main installation. The fourth one was that they submit an annexation and zoning application. In their letter from September 24th to Meridian City Council, it looks like they were agreeable to do that, as long as the annexation didn't affect their current, ongoing Conditional Use Permit through the county. I don't have any objections to this. Mr. Don Weber, who I have met with last week, representing this project, is in the audience. If you have any questions for him, we'd like him to explain a little bit more what they are trying to do. That's all I have. De Weerd: Okay. Mr. Weber, would you like to make any comments? Okay. Please step forward. State your name and address. Weber: My name is Don Weber and I live at 1525 South Callistoga Avenue in Meridian. De Weerd: Thank you. Weber: As Mr. Watson explained our request is to pursue the annexation in the City of Meridian. We did meet with you in May of 2002, prior to going before Ada County to get -- to obtain our Conditional Use Permit. At that time the question came up about annexation and at that time we felt like -- the Council felt like we -- you didn't have appropriate services to consider that and I think now since the water line has come by, Meridian City Council Meeting October 7, 2003 Page 5 of 44 it's now time to consider that, certainly from our standpoint, and we expressed in that last meeting in May of 2002, that we would actually invite that actual annex when that time came. We are in the middle of getting ready to erect a steel barn, an assembly hall, I should say, in the back of the property. We contracted to bring the water line -- draw a 10-inch water line across Overland Road and T in. At the time we did that, we -- we were unaware that we needed to actually be annexed into the city or have an agreement with the city in order to hook up to water service. I apologize that we came on board a little late on that. Once I found out about I began to call the city and talk to Will Berg and I came down and talked to him about what do we need to do at this point to make our request known. We are probably a few months out before our building is complete and once that's done, that's, for all practical purposes, that's all of our conditions of our Conditional Use Permit as far as to be signed off by Ada County. All of our landscaping, all of our parking lot bonding, all that has just recently been signed off within the last month. Once the building is complete and signed off, we'd certainly like to begin the process of annexation, but also with a view towards of completing that after that's all signed off and be annexed into the city. De Weerd: Council, any questions? You're agreeable to what staff is stating? Weber: Yes, ma'am. De Weerd: Okay. Okay. Well, thank you. Weber: Thank you. De Weerd: So, Brad, do you need a motion to procedure forward with this? Watson: Madam President, I believe so, just because this is providing -- technically, is providing water service to a property outside the city limits, at least today it is. The ordinance allows for the Public Works director to grant service to four or less ERU's. I'm not sure that this -- what this would equate to, but it would be great if you did. De Weerd: Okay. Council? Bird: Madam President? De Weerd: Mr. Bird. Bird: I would make a motion that we provide the water service -- we supply the water service as requested by the city engineer for Christian Family Matters on 1345 West Overland Road. Nary: Would that be pursuant to the October 2nd condition letter? Bird: Yes. As pursuant to the October 2, 2003, letter. Meridian City Council Meeting October 7, 2003 Page 6 of 44 Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the request by Christian Family Matters with the conditions as stated in the memo of October 2nd . Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT 2. Discussion of Non-Development Agreement for Lochsa Falls Subdivision No. 4, 5, and 6: De Weerd: Okay. Item Number 2 is discussion of Non-Development Agreement for Lochsa Falls Subdivision Nos. 4, 5, and 6 and I anticipate we start that off with you, Brad? Powell: One would think that, but -- De Weerd: Anna. Powell: I'm the new Public Works staff today. When we put this on the Public Works department report I had forgotten that Brad was not in attendance at a critical meeting, so I will make a very brief presentation. We did meet as -- with the City Attorney and with the Bruce Freckleton and I to discuss whether it was appropriate for them to come forward to ask you for the Non-Development Agreement and the City Attorney did determine that it was appropriate. We did want to voice that staff has serious concerns about this in the sense of fairness of this one developer versus all the developers we deal with. There are other options to this developer, rather than a Non-Development Agreement. He could bound for the property -- or for the improvements and still meet his time lines. There will be a note on the face of the plat that forever says that there was a Non-Development Agreement on this. We could put some termination clause on that, but that note will remain on the face of that plat and we anticipate that this will let loose a floodgate of requests Non-Development Agreements from other developers. It, basically, is in lieu of bonding for any improvements. We anticipate that we will see a lot of these. Given that, the applicant can make their presentation. We weren't prepared to make a presentation for them we just wanted to let you know our concerns. Bird: Madam President? De Weerd: Mr. Bird. Bird: Before the applicant makes his, I'd like the City Attorney to explain what is proper. Meridian City Council Meeting October 7, 2003 Page 7 of 44 Nichols: Madam President, Members of the Council, there is nothing improper about a Non-Development Agreement. It is a mechanism that would allow a development to receive a plat and have that plat recorded, without having the necessary infrastructure in place. The problem with it is that you could have a situation where the infrastructure doesn't get done, as far as streets and those sorts of things go. At the same time, it does reflect that one of your desires as a governing body is to see development in the total picture, rather than piece-by-piece, so you have that competing aspect of it. The developer could come in and do a little piece by a little piece or they could come in with a large proposed plat and do that in phases. The developer in this case has received a commit from ACHD with regard to a Non-Development Agreement from them. There are also in this particular case I expect to hear from Mr. McColl or Mr. Martin that there were circumstances pertaining to groundwater monitoring and other things in the area, which limited the time period within which they could do some of the infrastructure installation. You will notice in the proposed Non-Development Agreement that there are blanks with regard to when the Non-Development Agreement expires and there is a deadline in there for completion of the improvements, which is one year after the expiration of the agreement. There are some time lines and that's one of the items that needs to be discussed with the applicant for this is what their time frame is for this. As far as the flood gates argument, I think you can recognize in this one that at least there were some issues, some factual issues pertaining to studies that had to be done before they could do their infrastructure, which would be different from a developer that did not have those kinds of issues in their proposed development. Bird: Madam President? De Weerd: So -- I'm sorry, Mr. Bird. Bird: Oh, I just -- Mr. Nichols, are we -- you know, I'm afraid we might be setting a precedence of this. I need just to explain that there is some studies and stuff they need to do before they can do the Development Agreement, but are we setting ourselves up to be flooded with the Non-Development Agreements and, you know, we used to not have Development Agreements. Then, we -- five or six years ago we decided to go with them and it's the best thing we have ever done as far as I'm concerned and it kind of controls development. Are we setting ourselves up for some falls? Nichols: Councilman Bird, Members of the Council, I'll defer to Anna's opinion on that. I'm not close enough to how many people they have knocking on their doors asking questions and they do. If -- if she feels that there could be applications from other developers for these, I would take that at face value and that there will be. I think the distinction, though, when you look at a floodgate argument is the thing that staff could, then, say is what's the factual basis for requesting one of these and in this particular case I think the studies that they needed are now done. By the time they got them done, they had passed a window for the construction season, which put them behind, and I would expect them to be able to put on the record what those situations were. Secondly, you do have another governing body, the highway district board of commissioners, who examined these particular circumstances and agreed that a Non- Meridian City Council Meeting October 7, 2003 Page 8 of 44 Development Agreement was appropriate, so it's not like they are coming in here and asking for something that hasn't at least been passed the highway district. There are some circumstances here that may be duplicated by every other developer that wants to put something off and not bond for it, but at this point I'm not seeing that, but that doesn't mean it's not true. De Weerd: Well, I guess these type of bonding requirements are required of all developers. I imagine the studies -- and I guess that's what I'd like the applicant or the requesting -- whoever is going to come up and request this, to answer is these tests every other development are asked to perform as well. I would like to know what's extraordinary about it. I know most things in Meridian and North Meridian, in particular, have high water table issues and have to go through these studies. This Non- Development type of agreement, is this just kind of like a Variance request to the bond? I mean maybe that's a simple way of looking at it, but is that, essentially, what it is? Do we ask everyone else to bond, even though they have special circumstances? Watson: Madam President, Council Members, when the plat comes to me every development -- if the improvements have not received final inspection approval, they are required to post surety if it's not completed. Those percentages can vary depending on the percent of completion, but unless they are final, there is something there. De Weerd: Have we had this kind of a request before? Watson: Madam President, not since I have been reviewing the plats, which is about two and a half years. De Weerd: And do you share Anna's same views that this could set us up for many more of these kind of requests? Watson: Madam President, Council Members, all I have is anecdotal evidence, I guess, once this was in the Statesman that Ada County Highway District had approved this, I received at least one rather animated voicemail message from a developer saying that they would be doing the same with all their projects. That's all I have, really, other than maybe, you know, just hallway conversation. De Weerd: Okay. Thank you. Does the applicant's representative want to come forward? If you will give your name and address. McColl: Brian McColl, 420 West Washington, Boise. De Weerd: Thank you. McColl: Madam President, Members of the Council, maybe a couple things. I heard that there were some procedural questions asked. This Non-Development Agreement is not to be a substitute for completing the project or a substitute for bonding. It is, really, just more of a systematic method of advancing the Final Plat to recording on Meridian City Council Meeting October 7, 2003 Page 9 of 44 these three phases where we kind of got behind the eight ball, to protect the agencies -- ACHD, for example, has required that we record the Non-Development Agreement. That means that any potential buyer out there would know that this property cannot be developed until the non-development is released. Secondly, to put a note on the plat that it is subject to a Non-Development Agreement, that it cannot be developed or sold. Then, thirdly, because, as with a lot of developers who are trying to get things going as quickly as possible, to the extent that there are buyers or optionees out there, that we would notify them. We have gotten approval from ACHD as to the type of notification -- I have got the language, but it basically says this phase is subject to a Non- Development Agreement, it cannot be built, nor can lots be sold until the Non- Development Agreement is released. What does the developer get out of doing that when he can't really do anything? What he really gets is he gets the plat -- the Final Plat that has been approved for four, five, and six, but gets the final pushed along. Right now, it's at ACHD waiting for their Non-Development Agreement. As soon as that's done, it will come here and we would expect if the Non-Development Agreement was in place, that it would be signed, then, it would go down to the county. There are lots of protections. Now, do we have a special case? Mr. Nichols referred to the need to make some sort of record. I'd like to back up a little bit and just say that ACHD, actually, has a policy -- I mean they just don't say, okay, this one looks good, this one looks bad. Their policy, for what it's worth, is that if there are circumstances beyond the applicant's control, a Non-Development Agreement will be considered. It's not guaranteed and so in front of ACHD it was explained -- quit frankly, I wasn't the one who presented it and maybe Mr. Martin knows a little bit more. It was my understanding that when we did the groundwater testing for Phases 4, 5, and 6, because of unusually high water, it was either required or suggested as prudent that we do testing for an entire year. We had hoped to -- you know, Phases 1, 2, and 3, the plats are recorded, they are being built out, you know, homes are going up, we had hoped to be a lot further along in phases four, five, and six. Now that the testing is completed, we could go get our development loans, post the bonds, start construction, but it will be spread out over the worst time of the year to construct, it's tough to get asphalt I understand at a certain time, the bins close down, so we are just trying to facilitate this in going faster and we are saying that there were special circumstances and perhaps Mr. Martin can -- is that it? Did I understand it? Did I swear to tell the truth because I really don't know exactly -- I don't know the details about that groundwater testing? Nary: You're off the hook, then. De Weerd: I didn't swear you in. McColl: And we, then, had met with Mr. Nichols and Public Works and Anna and so it was sort of my understanding that, of course, we would present it to the Council, but if -- there was legitimate circumstances in this case. If you have any questions, I will be glad to answer them. De Weerd: Well, I guess I do. You mentioned that it pushes the Final Plat along, but if they couldn't do anything, why is that of urgency, and what urgency is there for that. Meridian City Council Meeting October 7, 2003 Page 10 of 44 McColl: And I'm about to make another representation that I don't know precisely, but this is the concept, as I understand it. If we start construction on these phases in the spring, we will complete construction in a three to four month period. If we -- and we are not going to go get our financing until we are ready to start construction. If we are starting the plat process at the same time, because of some substantial delays at Ada County primarily, that process is going to take more like six months. I understand the delay at Ada County is maybe as much as eight weeks. They are not -- the Construction, then, gets done, but we got to wait for the plat to be recorded. If we can get the plat along the way during this fall and winter, start construction, you know, the very beginning of the year, they will -- either the plat will already be recorded, we will get out money, post the bonds, release the Non-Development Agreement, or it will be that much closer to being recorded. I don't know if that answers the -- De Weerd: Well, not really. I'm trying -- since we have never heard anything like this before, why don't you just wait? McColl: Okay. I think my answer to that is we could wait and if we did wait, given the institutional timelines involved, we would have Phases 4, 5, and 6 ready to sell lots, start houses popping up, within two to three months of when we start construction early, early, early spring. The plat won't be -- won't have made its way through ACHD, through your offices, and through the county until two or three months later. I notice Mr. Bird nodding. Is that your understanding or -- Bird: Yes. McColl: Okay. De Weerd: Okay, and so -- McColl: But I can't really tell you exactly what the differential is, because I do not know. De Weerd: None of these lots in these phases have been optioned or anything like that, so none of that pre-work has been done, so no one will be put out? If I was a property owner, I wanted to build out there, and I thought I was going to be building out there this winter. Now I find out that it's going to be pushed back, that delays me and increases my costs, because I sold my house and I'm renting it, is this going to have any influence or any impact on a person's ability to get an option back or -- McColl: To the extent that we have -- excuse me. To the extent that we have builders who are looking for lots and we have builders who are looking for lots, this will -- this will get these phases ready for construction, i.e., Building Permits, all the faster. Bird: Madam President? Meridian City Council Meeting October 7, 2003 Page 11 of 44 De Weerd: Mr. Bird. Bird: Mr. McColl -- and Mr. Nichols can tell me if I'm wrong on this. As I understand it, Tammy, what they need to do to get this Non-Development Agreement -- because they need to go get the Final Plat going and get it going right now so that it's done and next spring when it's ready to start building, they can go ahead. The only thing they won't have done is some of the infrastructure, the streets and stuff, because they got to wait a full year or take these tests for a full year, as I understand it -- and I don't know when their year started or anything like that. As I understand it -- as I'm understanding this -- and I could be 100 percent wrong, but they need -- they need the Non-Development Agreement, so that they can get the plats going and so the plats and the building coincide, so they can get occupancy. People are not going to be driving -- the first people in the subdivision aren't going to be driving on good roads or anything like that, because they are not going to be paved and stuff and that's what I understand. Is that right? McColl: Yes. That's basically it, but we will not start construction until we get the Non- Development Agreement removed and it will only be removed with your blessing and we will come in and apply to have it removed and I'm sure the requirements will be what the requirements always are, post the bond, and we will post the bond. We don't want to go borrow the money to post the bond today, knowing that we won't be starting construction until three or four months from now. It's just a way of keeping these things going at the same speed and we think we have got a legitimate factual reason to request the Non-Development Agreement in this case. Powell: Madam President, Members of the Council? De Weerd: Anna. Powell: In our discussions with Mr. Goldman it was as a follow up to your option question. He repeatedly stated that part of the reason that he was seeking the Non- Development Agreement was to get the Final Plat recorded, because that was a timeline established by his option, that the options were centered around having the Final Plat recorded. Not necessarily the ability of those builders to buy the property at that time, but just that the plat be recorded. He did express that as part -- or, actually, a large part of the reason that he was seeking the Non-Development Agreement. De Weerd: So, does that mean -- what does that mean? McColl: It is confusing to what that means, because Anna is correct, we do have some options out there that actually trigger the closing to recordation. We now -- if the Non- Development Agreements are approved, it is our hope and certainly more than possible that the plat will get recorded long before -- not long before, but substantially before there will be Building Permits. We are -- if this -- if we get the Non-Development Agreements, we are going to communicate and negotiate whatever with each one of those option holders to permit them -- to relieve them of the requirement that they close Meridian City Council Meeting October 7, 2003 Page 12 of 44 upon recordation of the plat, to the extent that this is Form One, it requires closing within 10 days of our recordation notice, get the plat recorded, give them notice. They have days to go down there and close on the lot. Now, we will not only tell them that they can't close, because we can't sell lots under the Non-Development Agreement, but they will be relieved of the requirement of closing until probably 10 days after building permits. De Weerd: Okay. Do they have money down on those options and if they are not good with that time frame, they get that money back? McColl: Yes and yes. It is money down, we don't get the plat -- some of them are past, some of them we had hoped to get this plat recorded by September and we had some options as early as September. De Weerd: But they can -- they can go elsewhere -- if they have someone they are building this house for that wants to build now, they can go elsewhere and get their money back? McColl: Yes. In almost all circumstances in this development of this range, there are groups of builders that are trying to get in, build spec houses, and, then, sell from the spec houses. It's very seldom in a subdivision like this where you have Mr. Builder Smith who has got Homeowner Jones who absolutely wants to have Lot 6, Block 5, and is counting on it. There isn't -- there isn't anything like that going on. De Weerd: Well, being one of those that wanted a specific lot and had to wait, I know how that works, and so there might be. They can get out of it and go somewhere else, then, is what you're saying? McColl: Yes, ma'am. De Weerd: Okay. Nary: Madam President? De Weerd: Mr. Nary. Nary: You know, I have rarely sat up here and felt so ignorant as to what we are talking about as I do today. Because this really -- I guess what I think I heard you say, Mr. McColl, is by doing this Non-Development Agreement it sounded to me as if we are going to basically buy your client about three or four months in this process. McColl: Exactly, but I don't know about the three or four months. Some period of -- Nary: Some period of time, but what I'm hearing from our staff is -- the concern that they have is that by granting this process that we haven't done previously, that we are going to basically have to be readdressing this issue a lot with other people, who may Meridian City Council Meeting October 7, 2003 Page 13 of 44 not be -- I mean I don't have any personal concerns with Mr. Martin or Mr. Goldsmith. I think that the quality of the project being built hasn't been a concern, so it's not them personally. It is that precedent that really scares me, because we don't have all the developers that build or work through at such standard as Mr. Goldsmith or Mr. Martin, so I guess I'm very concerned about setting that, when there is a process that exists. I recognize it's not financially attractive to want to bond, but that already exists and it gets the project accomplished and everyone else has to live with those same rules. I guess what concerns me is I'm not 100 percent certain today that if this opens a floodgate and what that's going to mean to us. I do know we already have a process that exists that seems to work adequately and I'm not sure that I have heard anything compelling to me why we need to do this instead but I feel pretty ignorant as to how some of this may impact your client or whether or not if we don't grant it what's going to happen. Well, I think what's going to happen is it's going to make a decision on whether or not to simply bond for it and move on and get it done like everybody else has to do. I guess I'm not totally convinced before we move off the dime that we already have, that what we have can't really work and that we need to do something more. Because I just am afraid we have had other issues on other circumstances with development -- and I think we are probably the most accommodating city to develop in around and we are pretty -- we are pretty good at trying to be very fair and accommodating to other needs, so this is one that just makes me very uncomfortable. I am afraid that we will have developments that don't get done, that won't happen, we will have concerns. I think that Mr. Watson raised about some of these Non-Development Agreements being things that just don't happen and we end up with, you know, unfinished -- unfinished developments out there and I don't know that that's better, but maybe I've misunderstood what could happen. McColl: I think on that score you have, but on the first score I'm sort of with you. Maybe I will address them in reverse order. Nary: Okay. McColl: I don't think the issuance of a Non-Development Agreement increases or decreases one iota a subdivision not getting done. I mean subdivisions don't get done because the markets fail and the developer doesn't get the construction loan or he defaults halfway through. We will still be going through all that process but getting back to your other point. I think, in all candor, if I were sitting on the other side, I would say that this issue has some merit and maybe needs to be addressed. Maybe there needs to be established a policy for -- for giving Non-Development Agreements. I would also hope that the policy, to the extent that it makes sense to have it similar to ACHD's, would -- would justify a Non-Development Agreement if the applicant says, look, we got -- we got really delayed because of things beyond our control, mother nature, and that you would act on ours tonight, because we taken the lead. If the Council wants a submission of, you know, maybe a policy or any language that you could put on your regular agenda for granting Non-Development Agreements, my office would help in that area. I mean I understand what you're saying and -- so just trying to be frank in that regard. Meridian City Council Meeting October 7, 2003 Page 14 of 44 De Weerd: Any other questions? Bird: Madam President? De Weerd: Mr. Bird. Bird: As a statement, I'm like Councilman Nary, I have got real concern of what this is going to do for future ones. I understand where they are coming from. I don't know what the -- bonds are usually 1.5 or something like that, of the total bond. It would be a very large -- I understand why they need it. I would just like -- if staff has a real problem with it -- I understand that and our attorney feels that we are protected very well, but I'm afraid we are opening up a flood gate myself. I hate to say that, but I think that we are and they have got a legitimate reason, don't get me wrong, they have got a very legitimate reason. I'm sure there is ways that we can word -- like Mr. McColl just said, that there is ways we could word this stuff that it has to be a particular reason for anybody to ask for a Non-Development Agreement. I'm really torn right now which way to -- you know, I'm sitting on the fence which way to fall, because I understand where the developer is coming from. I also understand where staff is coming from, and I certainly don't want to see us every other week having these Non-Development Agreements in here before us and have to listen to a reason why we have to have it. I also understand if you're not going to be able to sell the lots for six, eight months, it's pretty tough to go put that cash out for the bond, because, you know, bonds don't give you credit, you take and go put the money up front. I -- like I said, I'm sitting on -- the first time in my life I'm sitting on the fence without an opinion. De Weerd: I could comment on that, but I'll leave it alone. Bird: I always have an opinion. Not this time. De Weerd: I guess -- and I don't know what time frame you're working with, but I don't hear any compelling -- we lack a policy here and I don't hear any suggestions on criteria that a policy to be created that this would fit within. It's difficult to make a decision when you really have very little information to substantiate a decision at this point. Is that kind of the gist of this whole indecision right now? If we are to consider Non-Development Agreements and when and where they would be appropriate, for what reasons would they be appropriate, and would this fit within that criteria? We have Variances and when we look for Variances, we go through each one and see if that fits within those exceptions and so if we are looking at something that we don't have a policy in, it makes it easier to know if this were something we should consider, it should be for this and this and this. Nary: Madam President? De Weerd: Mr. Nary. Meridian City Council Meeting October 7, 2003 Page 15 of 44 Nary: I don't know if this helps this question any either, but I guess this is the staff report asking about the particular project's request. I guess I -- I guess I'd like to have a little bit more discussion from the staff's concerns. I mean they have raised a concern, but I don't know if we have any particulars and I guess I'd like to have this more in a hearing, rather than as a staff report, so that we have some opportunity -- there is other people that may impacted by this, both positively and negatively. I guess I'd like to hear that, like we do when we do, you know, amendments, you know, to an ordinance, we will have that as a Public Hearing instead. I recognize there is a time frame here, obviously, but there may or may not be people out there in the community that would like an opportunity to say, you know, yea or naye of why that would work or proposing some language through the staff as to what would make this a very viable alternative to bonding up front and what limitations there may be to doing that. I don't think we are set up in the way it's on our agenda tonight to really get that type of information and I guess without that or at least the opportunity for that, I'm not really that comfortable in just making a decision. Does that make sense? Bird: Madam President? De Weerd: Mr. Bird. Bird: I'd like to hear from the developer, if he has anything to say. We have heard from his representative. Maybe he could -- De Weerd: If you will state your name and address. Martin: Justin Martin, 5606 North Ten Mile Road. Really is all I could add that Mr. McColl didn't say would be that the reason we couldn't get a surety early on is because we didn't have construction plan approval from ACHD. The circumstances relating to the groundwater table kept us from getting a surety to construct, because -- I mean it's like high-risk insurance. I mean nobody wanted to bond a project that they weren't sure we could actually construct anyway and the chances were -- were who knows, based on testing, of that bond actually getting pulled and held. It was a little bit of a confusing situation there. We did do groundwater testing at Lochsa Falls in general early, like we usually do. In fact, we started that three years ago when we bought the first section and two years ago, maybe, for the latest sections that we bought. There was this one area of concern, four through six -- four through six that brought -- or raised concern for some reason and ACHD wanted to look into that further and so that's what brought us into the area of doing more test holes and also didn't allows us to get the surety. One of these phases is a 29 lot phase and that phase could potentially construct providing our contractors are all on time and doing well, you know, in a period of two and a half, maximum three months, providing everything goes smoothly, and at that point we would be sitting without -- without a -- without a recorded plat and we would be holding up our builders at that point. It's definitely not an issue of not wanting to build or anything like that. We did bring on the first three phases this year, which is 200 lots, we started construction this year and we have it all paved at this point and so that's definitely met the goal. It's really all I could add, besides our sureties come with our bank loan and Meridian City Council Meeting October 7, 2003 Page 16 of 44 the same thing with the bank loan, really couldn't go get a bank loan on a project when we had some sort of an issue with water. Again, we tried to test for that early on, it just didn't work out the way it usually does for us, the testing on the site worked out, we did a couple extra tests that brought up some concerns and it brought in this new realm of circumstances that we are going through now. I do like the idea of continuing the hearing or setting it up as a Public Hearing, so Mr. Goldsmith could speak. This is really his topic and he's really the one that's followed this along and pushed it through. He would have a lot better information than I would. De Weerd: What kind of time frame are you working on? Martin: You know I apologize. I don't know those issues either. Marty's been out for about a week. He came in the office yesterday for the first time in about a week and I haven't been able to speak to him since. I know he had something tonight and couldn't come because of that and I do apologize for not being totally up to speed like he would be. De Weerd: Well, if this was delayed two weeks for -- Bird: Well, we have got to publish it and stuff as a Public Hearing, so how long is that going to take, Will? De Weerd: Twenty-one days. Nary: Right. It would be 15 days, so we couldn't do it in two weeks, we would have to do it in three. Bird: We probably -- we would be sitting right at the last Tuesday of October or the first Wednesday of November. The 5th of November. De Weerd: October 28 -- Bird: Is that -- Martin: It is acceptable and the reason that I would say that's acceptable is that right now, because of the way that it's the third quarter, the bank is going to want to see our third quarter stuff we are working on that now. If it would have fallen that we could have got loans or construction loans, applied for construction loans with the bank a month and a half or two months ago, we would have been able to cruise through without a problem, but now we have to do new financial -- and it's possible we are several months out from actually securing those construction loans, that once we secure those would bring along a surety to the bonding amount. You know, it's possible -- we have had some of those processes take up to five months. Anyway, it was just an odd circumstance. Nobody wanted to move forward in any fashion on a project on four through six, phases four through six, that there was a potential problem on and so it caused us a lot of difficulty. Meridian City Council Meeting October 7, 2003 Page 17 of 44 De Weerd: So, if we -- if we posted this as a Public Hearing on 28th , that would work with you? Martin: Absolutely. De Weerd: Okay. Martin: Thank you. De Weerd: Thank you. Bird: Madam President, unless -- let's do that, let's get a motion. De Weerd: Okay. Nary: Do we need a motion or -- Nichols: Madam President, Members of the Council, I'd recommend you have a -- first of all, make sure with Mr. Clerk that you can -- you can have it on the 28th and we can get things published in time, because if we can't, then, it needs to be the first -- Bird: It needs to be November 5th , then? Nichols: So, it would need to be the first meeting in November. Okay. De Weerd: Okay. Nichols: And, then, a motion to notice this for a Public Hearing for that date. De Weerd: Okay. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we notice for Public Hearing the Non-Development Agreement for Lochsa Falls Subdivision Phases Number 4, 5, and 6, and set the date for the Public Hearing as November 5, 2003. McCandless: Second. De Weerd: Okay. It's been moved and seconded to post this for a Public Hearing on November 5th . Mr. Clerk, roll call. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting October 7, 2003 Page 18 of 44 De Weerd: Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT B. Planning and Zoning Department: 1. Discussion of Request to Appeal Ada County Street Name Committee Decision to Mandate Continuation of Wingate Lane for Champion Park Subdivision: De Weerd: Okay. Boy, we are on 4-B and it's -- we are just ripping through this. Okay. Planning and Zoning Department, discussion of request to appeal Ada County Street Name Committee decision to mandate continuation of Wingate Lane. Nary: Where is that? Bird: Anybody heard of Wingate? Powell: Madam President, Members of the Council, the -- Sheri Stiles contacted me -- and, actually, there is a letter from Engineering Solutions in your packet that is addressed to the City Council. It's basically -- the gist of the letter was one that was also sent to the street name committee that I worked with Sheri on developing. She contacted me, knowing that the street name committee was interested in preserving the name Wingate Lane, because their entrance is just north of the Wingate Lane where it exits onto -- that's Ustick right? Yes. Their entrances align directly with that lane. However, our code -- it encourages continuing that name when they are directly located across the street from one another, but it does give a lot of leeway in that if it's a -- if it's something that will never be a public road or meet public street standards, then, there is an option to not continue that name. We would hope to -- that you would find that it was not appropriate, because Wingate Lane is so substandard. I don't think we want people mistakenly going south on Wingate Lane in this instance. I did talk to the fire chief and he has no problem with having a new name on the north side of the street. They need a motion from you, so that they can go back to the street name committee and, then, the street name committee should approve a different name there, which will be Troxel Way. De Weerd: I think that's a wonderful alternative. Bird: Madam President? De Weerd: Mr. Bird. Bird: If she wants a motion, I will certainly -- I would recommend that the Meridian City Council pass a recommendation to -- Meridian City Council Meeting October 7, 2003 Page 19 of 44 De Weerd: Would you recommend or just make a motion? Bird: Make a motion -- De Weerd: Okay. Bird: -- to not have Wingate Lane continue to the street name in the Champion Park Subdivision, that it goes -- changes to Troxel. Nary: Second. De Weerd: Okay. It's been moved and seconded to not continue the Wingate Lane name north of Ustick, to recommend the approval of North Troxel Way for Champion Park Subdivision. We will call roll on this. It looks contentious. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Okay. We did not move anything -- Nary: Madam President? De Weerd: Yes. Nary: Before you leave department reports, as the liaison for the Police Department, I did want to make note today that anyone who knows me knows what I think of Channel 2. I was looking on their website today and I did note that it was the Krispy Kreme opening today and since the chief was here, I wanted to make note in the department reports that they reported that the Krispy Kreme opened in Meridian today without problems and said the preplanning by the Meridian Police Department prevented the traffic congestion. I thought that was a very nice compliment to our department and to the chief and I wanted to make sure that got noted before we moved on from the department reports. De Weerd: Well, congratulations, Chief. I'm sure it's not because they hung out there and ate donuts, but -- Musser: I would hope not, but we did have a number of them in the area. Item 5. (Items Moved from Consent Agenda) De Weerd: Thank you, Bill. Okay. Item 7 -- oops. Boy, I wanted to move along, didn't. I. Okay. We had no items moved from the Consent Agenda. Meridian City Council Meeting October 7, 2003 Page 20 of 44 Item 6. Ordinance No. : Parks, Alleys and School Zone Ordinance: De Weerd: So, we will move to Item 6 and that ordinance is 03-1046, Parks, Alleys, and School Zone Ordinance. Mr. Clerk, will you read this ordinance by title only. Berg: Thank you, Madam President, Members of the Council. Ordinance Number 03- 1046, an ordinance amending Title 7, Chapter 1, Section 6, Meridian City Code, adding to said section subsection language defining alley and making the speed limit is alleys 15 miles per hour, to delete words and alleys in Subsection B of Section 6 and adding to Section 6, Pay, new section -- to the new Subsection C, which provides for conditional speed limit in a marked school zone, providing an infraction penalty of 100 dollars, excluding court costs and fees for speeding in a marked school zone, providing for conflict, validity, savings clause, and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone in the audience who would like it read in full? Okay. Hearing none, Council? Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we pass Ordinance 03-1046, the changing of the Parks, Alleys, and School Zone Ordinance, with suspension of rules and for the President to sign and the Clerk to attest. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1046. Mr. Clerk, will you call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Tabled from September 16, 2003: FP 03-048 Request for Final Plat approval of 92 residential building lots and 11 other lots on 35.52 acres in an R-8 zone for Birchstone Subdivision by Centennial Development, LLC – northwest corner of West Ustick Road and North Black Cat Road: De Weerd: Okay. Item 7 has been requested to table to October 21st . Nary: Madam President? De Weerd: Mr. Nary. Meridian City Council Meeting October 7, 2003 Page 21 of 44 Nary: I'd move that we -- I guess table Item 7, the request for Final Plat approval for Birchstone Subdivision to our October 21, 2003, meeting. Bird: Second. De Weerd: Okay. It's been moved and seconded to table Item 7 regarding Birchstone Subdivision to October 21st . All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. FP 03-052 Request for Final Plat approval of 12 building lots and 9 other lots on 10.92 acres in an R-4 zone for Bear Creek No. 7 by Bear Creek, LLC – South Stoddard Road and West Victory Road: De Weerd: Item Number 8 is a request for Final Plat approval of 12 building lots and nine other lots on 10.92 acres in an R-8 zone for Bear Creek No. 7. It's also been requested to table this to November 5th . McCandless: Madam President? De Weerd: Mrs. McCandless. McCandless: I move that we move the Final Plat approval for 12 building lots and nine other lots for Bear Creek No. 7 to November 5th . Nary: Second. De Weerd: Okay. It's been moved and seconded to table Item Number 8, FP 03-052 to November 5, 2003. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. FP 03-053 Request for Final Plat approval of 16 building lots and 2 other lots on 10.284 acres in an R-4 zone for Setter Cove Subdivision by MKH Development, Inc. – east of North Locust Grove Road and north of East Ustick Road: De Weerd: Item 9. Request Final Plat approval of 16 building lots and two other lots on 10.284 acres in an R-8 zone for Settler Cove Subdivision and we will start with staff comments. Powell: Madam President, Members of the Council, this is a 16 lot single-family residential subdivision. There are two other lots. The approximate size is 10.3 acres. There was a Variance granted for a block length, because the block -- there is a single block that wraps all around the subdivision. Staff is recommending approval of the project. For reference point, this is located near the new schools, between the new Meridian City Council Meeting October 7, 2003 Page 22 of 44 charter school and the new elementary school, so it is consistent with the approved Preliminary Plat and staff is recommending approval. De Weerd: Thank you. Is the applicant here tonight? Tealey: Madam Chairman, Members of the Commission, Council, my name is Pat Tealey, 2501 Bogus Basin Road, Boise, Idaho. We have read the staff comments and don't really have any comments on what they have put as conditions of approval. If there are any questions we can answer for you, we would be glad to answer them now. De Weerd: Thank you. Tealey: I think everything has been gone through in the preliminary phases. It's pretty standard. De Weerd: Okay. Any questions? Bird: I have none. De Weerd: Okay. Thank you. Okay. Any discussion? Okay. I would entertain a motion. Nary: Madam President? De Weerd: Mr. Nary. Nary: I would move the approval of FP 03-053, the request for Final Plat approval of 16 building lots and two other lots on 10.284 acres in an R-4 zone for Setter Cove Subdivision by MKH Development. East of North Locust Grove and north of East Ustick Road pursuant to all staff comments and comments of the developer's representative tonight and for counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve FP 03-053. Mr. Clerk, roll call. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT Meridian City Council Meeting October 7, 2003 Page 23 of 44 Item 10. FP 03-054 Request for Final Plat approval of 9 building lots and 3 other lots on 3.11 acres in a C-G zone for Baltic Place Subdivision No. 1 by LC Development, Inc. – 1095 East Franklin Road: De Weerd: Item 10 is a request for Final Plat approval of nine building lots and three other lots on 3.11 acres in a C-G zone for Baltic Place Subdivision No. 1. We will open with staff comments. Powell: Madam President, Members of the Council, before I get started on my presentation, I should disclose that I worked on this project for Mr. Centers, but not on the version that was submitted to you for your approval, so I have worked on -- for him on this site, but that was not the applicant before the City of Meridian. Okay. I'm going to -- one of these days we won't have to go through these things anymore, but for the time being I'm sorry. This project, as you may remember, there is an apartment complex to the rear of the site. This is across the street from the firehouse. The cemetery is to the west and then, there was light office -- or, actually, commercial lots at the north end of the property, immediately south of Franklin Road. The Final Plat is for the commercial properties at this time and the apartment complex is not included within the Final Plat. You have before you nine commercial building lots and three common lots on 3.11 acres. It is zoned C-G. Originally, when this came to you, the entrance road was a private street. They are now proposing it to be a public street. It did require some adjustments to the required landscaping. The applicant may have some comments on that. I do know that the applicant wants to revise the condition of approval -- or site specific comment Number 4, revised plat to include a 10-foot wide common lot for South Baltic Place landscape street buffer on Lots 2 and 5, Block 2, and Lot 6, Block 1. It is a requirement of the zoning ordinance. It does say that landscape buffers should be on a separate common lot. We often have requests to waive that for commercial properties, because it's all under the same maintenance agreement for the commercial business owners. Staff doesn't have particular concerns about putting it in an easement, if that's what the applicant wishes to do. To my knowledge, that's the only outstanding issue. There may be others, but the proposed Final Plat is consistent with the approved preliminary and staff is recommending approval with the conditions. De Weerd: Thank you. Is the applicant here tonight? If you will state your and address. Boyle: Thank you, Madam President, Council. Clint Boyle with Landmark Engineering and Planning and I'm losing my voice, so I apologize. Business address is 104 9th Avenue South in Nampa. Anna summed it up very nicely, so I won't belabor too many of the points. The only item was with regards to site specific requirement number four, which related to placing the landscaping in a common lot adjacent to Baltic Place as a landscape buffer and we are requesting that that be allowed to be in a landscape easement, rather than a common lot. There are several reasons behind that, one of those being that it impacts the building setbacks, which were approved with the Preliminary Plat and Planned Development application that you saw. If we provide a common lots, it would, actually, change the locations of those pads from what you Meridian City Council Meeting October 7, 2003 Page 24 of 44 initially approved in the Planned Development request, so I think it's in order with what was initially approved by the Council. It sounds like the staff is willing to go along with the landscape easement. I know it has been done in other commercial areas. The maintenance of the common areas will be through the business owners association, so will be commonly maintained landscaping. I think that was, really, the only point out of the staff items that was in disagree with the landscape buffer requirement there along Baltic. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Boyle: Thanks. De Weerd: Okay. Bird: Madam President? De Weerd: Mr. Bird. Bird: If we don't have any more discussion, I would move that we approve FP 03-054, the request for the Final Plat approval of nine building lots and three other lots on 3.11 acres in a C-G zone for Baltic Place Subdivision No. 1 by LC Development, Incorporated, 1095 East Franklin Road. To incorporate staff and applicant comments tonight and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve FP 03-054 with staff and application comments. Does that address the landscape easement? Bird: that addresses Number 4, Anna stated it as four, and so did Clinton state it as Number 4. De Weerd: Okay. Bird: I would say that would be sufficient. De Weerd: Okay. Okay. Mr. Berg, if you will call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Meridian City Council Meeting October 7, 2003 Page 25 of 44 Item 11. FP 03-055 Request for Final Plat approval of 16 building lots and 3 other lots on 10.17 acres in C-N and R-40 zones for Devon Park II by Fairview Lakes, LLC – 824 East Fairview Avenue: De Weerd: Okay. Item Number 11 is request for Final Plat approval of 16 building lots and three other lots on 10.17 acres in a C-N and R-40 zones from Devon Park II and we will start with Anna. Powell: Madam President, Members of the Council, this is Devon Park. You have seen this site a number of times before. The proposed Final Plat is -- this is the -- one of the approved Preliminary Plats. The Final Plat is at the northern portion of the site and includes the apartment complex, the small commercial buildings on separate lots, one lot here, which, eventually, will have small lots similar to this, and, then, one lot down here as well. Also this single lot they are proposing three building on, which we anticipate that they will come back at some point and try and parcel those off. We did very carefully check to make sure this was consistent with what was approved, because, quite frankly, at this time we are having a hard time keeping track of what has been approved and what's been modified and to that end, Sonya Allen, Craig Hood, and I spent a great deal amount of time going through and detailing exactly which applications have been submitted and revised on this property. This is the beginning of the list, this is the remainder of the list, and I bring it up tonight, because at this point it has gotten so confusing, I would ask your permission not to take additional projects -- or not to take additional applications on this until some of these things get resolved, because we have got layers upon layers of conditions of approval on some of these properties. For instance, this property here, this one here, and this one here, I believe, are getting to be two or three layers of conceptual approval without Final Plat approval. I guess I need some guidance, it's getting frustrating for staff, but with regard to this Final Plat application, they are consistent, so it's -- I'm just using this opportunity to get - - ask for help on what might be an appropriate action, if there is any. With regard to the Final Plat, they are consistent with the approved preliminary and we are recommending approval. De Weerd: Thank you, Anna. Is the applicant here tonight? If you will state your name and address. Vogt: Steve Vogt, 2004 North 10th Street, Boise, Idaho. Thank you, Members of the Council. We appreciate your patience and stuff working on this project. This project has taken focus and we do know where it is going now, we do have tenants and stuff lined up, so from this point on I don't think that we are going to be going back doing numerous changes with layers upon layers upon layers. We do agree with staff's recommendations within the approvals and everything there. I will say one thing, I know that they have requested not taking anymore submissions and stuff, but I think we have already applied for submission down there, because we -- we have a national credit tenant that we are looking at doing something for right now and I don't know how that's going to take in light, but I believe that some of the conditions of approval we Meridian City Council Meeting October 7, 2003 Page 26 of 44 don't have any Council -- or we won't have any occupancy permits or anything issued until all the improvements and everything in place and we are under construction of the project right now, so we are, in essence, trying to alleviate all these matters and stuff that are creating layers upon layers upon layers that, hopefully, will be resolved very soon. De Weerd: Okay. Thank you. Have you taken a look at staff comments and you agree with them? Vogt: Yes. We agree with what's written and proposed and presented to us. Bird: Madam President? De Weerd: Mr. Bird. Bird: Sir, our staff is 100 percent right, we have had plats before us here regarding this thing and it's just getting -- it's getting to a point that, you know, you don't know which -- it's like this Final Plat, what's the date on it? Do we have a date or is there a revised date or -- on the deals and it's -- to be flat truthful with you it's not fair to our staff when they started getting these preliminary and Final Plats, getting a change every week on them and expecting them to go through and get them passed. I hope we can solve this problem and the staff get it right. We have seen -- I can think of at least three plans on this property on every one of them, at least three that's come forward. I don't know how many -- I don't know how many times it's changed hands, I don't know if the original owner still is the original applicant -- Vogt: We are. De Weerd: You still are the original applicant? Vogt: Correct. Bird: Okay. Vogt: One of the things that happened, to answer some of the response, was the back section of the project that was originally, I believe, 100 -- wait a minute -- 96 -- 182 unit apartment complex, which you saw in the beginning. We did have that project pre- approved and sold to a developer and that and, as we know, the market changed and turned, which, as you know, developers come back, redo, change and respond to the ever-changing market and within the -- what's proposed here within Devon Park 2. We are actually locating our office from Boise to this site and we have two other people that we are immediately constructing buildings for, so what you see here is a scaled down version of what was originally presented with a massive apartment complex. I think that it has finally settled down, but, no, I do -- I want to apologize for, you know, the grandiose plan that was presented before, which, as the market turned and things of nature -- because it has been a long process and we have been here lot of times. Meridian City Council Meeting October 7, 2003 Page 27 of 44 Bird: And we understand the market, you know, apartment buildings, the occupancy rate is going way down because of the interest rates, people are buying homes. It's tough on our staff to have to be seeing, on a weekly basis, new Final Plats or Preliminary Plats and this is something that -- I don't know how we are going to get take care of it, but we got to take care of it for our staff I feel. Other than, it's a nice development. Vogt: Thank you. De Weerd: Any other questions? Thank you very much. Okay. Staff, anything else? Powell: No, Madam President, Members of the Council, it's just -- the particular confusion comes in when they are trying to Preliminary Plat a lot that doesn't yet exist, because they haven't done the Final Plat that was part of a different Preliminary Plat. I guess our request would be that certainly we want to see if they are coming in for specific certificates of zoning compliance, we wouldn't reject those, but we would hope that they wouldn't turn in anymore conceptual uses or any new Preliminary Plats for lots that don't yet exist. Nary: Madam President? De Weerd: Mr. Nary. Nary: Not to add to your priority list or anything -- I think that -- I guess what I would see is that I don't think we can say you don't have -- you can't take -- you can't file anymore applications, although that would be nice. I don't think we can do that but I do think we certainly would entertain a discussion about, you know, how can you -- what would best handle it internally, is that -- would that allow for more staff or director decisions at the process or to be able to -- you know, if -- constant change is -- I agree with Councilman Bird, I think we have seen that on this project more than any I can think of in the last year and a half, but I understand why those have happened, but I think we do want to address your staff's concerns. You have a limited number of people, there are a lot of people asking for your time, and you're spending a lot of time, basically, erasing the lines, and changing them around on a project for a lot of reasons and taking that time. I mean I think -- I think we need to be open to what you'd like to suggest, but I don't think we can what would be the nicest way to do it. I don't think we can do that, but I do think we do need to see whatever you think might work as a way for you to be able to control that flow of how it comes in. I think that's -- that's where the hitch really ends up being is if you get bombarded with these different varying requests over the same piece of property and we are going to probably see that on other ones, but part of it is the rub I think that Mr. Nichols talked about earlier where we really would like to see the big picture and so they bring us this big picture and, then, they have to change it, you know, 14 times in the course of a year, because it doesn't fit every -- which way they thought and something has to give on your folks end to be able to address those needs, but be able to do it timely and reasonably and for the developers Meridian City Council Meeting October 7, 2003 Page 28 of 44 to realize the more they change it, the longer it might take, because it just -- there is only so much you can accomplish in the course of a day. Powell: And President, Members of the Council, I think that that's something we -- during the zoning ordinance rewrite that we really need to look at the PD provisions and that conceptual versus detailed and finding a little more flexibility there to accommodate things like this, although this one -- it's been a market change from the beginning one. But I brought it up tonight, knowing that you couldn't give me authority not to take any in. I guess I just kind of wanted to get the point across to the applicant that -- and it's not the time invested so much as we are afraid we are going to miss something, that something's going to fall apart at some point here and we won't catch it, is the primary concern. I mean they pay their money, they just as entitled to our time as any of them, as far as the application goes, but we are afraid at this point that we are going to start missing things and one consideration for future discussion would be is it appropriate to take in applications for parcels that don't yet exist. It does come up fairly frequently in our discussions that we have got, you know, a Final Plat on -- or a Preliminary Plat on something that's not yet received a Final Plat, so -- De Weerd: And we need to look, too, for that fine balance between having an applicant be able to respond to what the market is and what kind of flexibility we can have in our processes and right now, you know, I don't know if we have found that balance, but certainly -- Powell: Well, we found the end of the flexibility, I think, if nothing else. De Weerd: But, certainly, I understand as they market their development, that they need to have a timely response, too, and so we need to see what fits best to accomplish the ends of that. Okay. Any other questions? Comments? Bird: Madam President? De Weerd: Mr. Bird. Bird: What's the date on that, Anna? Powell: It was September 8th . That's the signature date of the engineer. Bird: On the Final Plat? Powell: Yes. Bird: Okay. De Weerd: Okay. Meridian City Council Meeting October 7, 2003 Page 29 of 44 Bird: Madam President, with that I would make a motion that we approve the Final Plat FP 03-055, approval of 16 building lots and three other lots on 10.17 acres in C-N and R-40 zones for Devon Park II by Fairview Lakes, LLC, 824 East Fairview Avenue. To incorporate staff and applicant comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve FP 03-055. Mr. Clerk, will you, please, call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 12. Public Hearing: VAC 03-005 Request to vacate 29 feet of right of way along the alignment of Venable Lane for Cedar Springs No. 3 by Howell Murdoch Development, Corp. – west of North Meridian Road and north of West Ustick Road: De Weerd: Item No. 12, we have a Public Hearing on VAC 03-005, request to vacate 29 feet of right of way along the alignment of Venable Lane for Cedar Springs No. 3 and I will open the Public Hearing with staff comments. Powell: Madam President, Members of the Council, this is on the western boundary of Cedar Springs. Along that boundary right there is Venable Lane and this, of course, is Ustick and Meridian Road here. This was required of the applicant as a condition of approval for the Cedar Springs project that they come back to you with this vacation request. The vacated property will, actually, revert to different property owners, it will revert to Kennedy and then, Sagewood Development Corporation here, and it will not revert to the Cedar Springs property. We did have -- well, at the Planning and Zoning Commission no one showed up to testify or to speak in favor of -- opposed to the development and the Planning and Zoning Commission has recommended approval to you. There were no changes, nor are there any outstanding issues. We did have the owner of these two properties come in and -- just to go on the record, she stated that her current access is from a dirt road that she had believed was in this portion of the right of way to be vacated. The applicant has instructed me that that dirt road, actually, is not within the right of way, so I suppose she's been trespassing using the dirt road at this point and she would be in the future also, would be the only thing, so as this project develops she will have access on Venable Lane, the official Venable Lane here, and then, from these stub streets coming from Cedar Springs. That ends staff's presentation. De Weerd: Thank you, Anna. Is the applicant here tonight? Fluke: Madam President, Members of the Council, thank you. Darin Fluke. Meridian City Council Meeting October 7, 2003 Page 30 of 44 De Weerd: We have a Public Hearing. I need to swear you in, not swear at you. Do you promise to tell the truth, the whole truth, and nothing but the truth, so help you God? Fluke: I do. De Weerd: Okay. Name and address. Fluke: Darin Fluke, 250 South Beachwood in Boise, representing the applicant. De Weerd: Thank you. Fluke: As Anna stated. This was a condition of approval of the Preliminary Plat for Cedar Springs. We are now working on the Final Plat for Cedar Springs No. 3, a portion of which you see here, and so we are bringing the vacation application forward. From here it will go to ACHD and they will act on the application as well, but they need to hear from you first. Just -- there is not really any issues that I'm aware of with this, but to just reiterate and clarify what Anna said, this is the half section line. A deed from 1908, I believe, established a 29 foot right of way from Ustick Road -- not Ustick -- yes, it's from Ustick on the south to this point here, which is, again, about a half mile, I believe. We are utilizing that 29 feet of right of way from this point south, as well as the additional right of way required for the 50 feet. Actually, in this case it's probably more, because that's a collector road, so it's a little bit more. We are adding some right of way on there and building this road. This, as you can see, is redundant, because we have got this right of way here that's being built right now and so the staff concern was that we would end up with double fronted lots and that's where the vacation comes from. The dirt road that Anna spoke of is commonly known as Venable Lane. I don't think it was ever approved formally, but it's existed for a long time, and it, actually, according to the survey, sits about 30 feet west of this right of way, so somewhere in here and it does extend from Ustick all the way up to here. I doubt that they have been trespassing when they drive across from this point to here, because that has been there for so long and provided access to that property. So, this really shouldn't change anything in the area. These adjoining property owners get that land and we will go on to ACHD, if -- once you all make your decision. De Weerd: And those property owners would keep their access -- would have access? Fluke: That's correct. They will have access from the road that we are building as well, so it will actually improve from what it is now. De Weerd: Okay. Thank you. Any questions? Bird: I have none. Nary: Madam President? Meridian City Council Meeting October 7, 2003 Page 31 of 44 De Weerd: Mr. Nary. Nary: I guess maybe I missed it. The Kennedy property's access is some other place than that dirt lane? Because, obviously, the Sagewood one can connect it, but -- or there is a dirt road there, that's what you were talking about, saying that that's already existing, correct? Fluke: Kennedy currently takes access to Ustick Road from that dirt lane and extends all the way down. Nary: Okay. Thank you. De Weerd: Okay. Thank you. This is a Public Hearing. Is there anyone else who would like to testify on this item? Okay. Council, any other discussion? Questions for staff? Bird: Madam President? De Weerd: Mr. Bird. Bird: Hearing no discussion, I would move that we close the Public Hearing on VAC 03- 005. Nary: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item 12, VAC 03-005. All those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Okay. Any discussion? Bird: Madam President? De Weerd: Mr. Bird. Bird: Hearing no discussion, I would move that we approve VAC 03-005, the request to vacate 29 feet of right of way along the alignment of Venable Land for Cedar Springs No. 3 by Al Murdoch Development Corp., west of North Meridian Road and north of West Ustick Road and to incorporate staff and applicant remarks and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Meridian City Council Meeting October 7, 2003 Page 32 of 44 De Weerd: Okay. It's been moved and seconded to approve VAC 03-005. Mr. Clerk, will you call roll? Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 13. Public Hearing CUP 03-038 Request for a Conditional Use Permit for a tri-plex in an R-15 zone for Troy Palmer Tri-Plex by Troy Palmer – 1236 East 2 ½ Street: De Weerd: Thank you. Okay. Item 13 is Public Hearing CUP 03-038, request for a Conditional Use Permit for a triplex in an R-15 zone for Troy Palmer Triplex. I'll open the Public Hearing with staff comments. Powell: Madam President, Members of the Council, this is located just outside the Old Town area and the property is on East 2 1/2 Street. It is -- there is an existing building on there, as you can see it's up toward the front and here you can see the existing building. It's a single-family residence, but at this time, the applicant is proposing to break that up and make it into a triplex. There are two existing garages on the property. One there and one right next to it there. The circulation pattern, you enter -- there are a couple parking spaces here, there is a paved area adjacent to that first garage, so that they can pull in this way. Then, additionally, there is a drive aisle here and you can pull into this garage from this direction and then, there is some additional parking spaces here and a backup area. There was testimony from the adjoining property owner, right here, at the Planning and Zoning Commission hearing and he is here tonight as well. There currently is no fence along this property. There was -- as is true of a lot of these smaller lots, as they try to redevelop near the Old Town area, there is -- he does not have the ability to get the required buffer here. Technically, this falls in a multi-family designation next to a single-family designation, so they do -- it does require a use buffer -- separation buffer. He was not able to achieve that. There was discussion at the Planning and Zoning Commission about putting up a fence as an alternative to the required landscape buffer and the applicant did agree to do that. Then, the applicant came to talk to us about a subdivision on this property as well and then, we had some concerns about this drive aisle width, because we had been talking about kind of a reduced drive aisle width here because of the limitations posed by the two existing garage structures. There is a -- not a full driveway width here and we were concerned that would be perpetuated as part of a subdivision of this -- the eastern portion of the property. We did ask the applicant to show us how that would be done and you can see that here, the two structures would be removed, this area would be parking here, and, then, a turn around area here for the fire department and two additional apartment buildings would be built back here. I believe they are four-plexes each and they would subdivide off the lot and again, I just bring that up, because -- perhaps to show you that we do actually do planning in the office with all that and we were concerned and we did ask them to go back and modify and the applicant was happy to do that. They had, actually, worked on it already, so they knew there was a solution, but we were happy to Meridian City Council Meeting October 7, 2003 Page 33 of 44 learn that there was one, so I think that -- the Planning and Zoning Commission did recommend approval of the project, so we bring that forward to you as is. There is an outstanding issue just in regard to alternative compliance and the need for the applicant to pay a small additional fee associated with that that hasn't been met, but that's a minor outstanding issue and that's all for staff's presentation. De Weerd: Thank you, Anna. Any questions for staff? Is the application here this evening? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Palmer: I do. De Weerd: Thank you. Just state your name and address. Palmer: Troy Palmer, 5450 North Larkwood. De Weerd: Thank you. Palmer: Yes. I just talked to the neighbor just before the meeting here tonight and he was still unsure -- I just talked to the neighbor about the fence issue just before we came in here tonight and he's not sure what he wants to do. He thinks he wants to taper it down from a six foot fence down to maybe four towards the road, so he can see when he's backing out and not have such a tall obstruction, but I told him I would work with him and we'd figure out what we could do on that situation. Obviously, we are looking to temporarily convert the triplex and finish that off and get it rented out and, then, you know, at a later date tear down the garages and once we get approval for the back two, repave and finish the other areas to meet the second drawing that she showed you guys. Just trying to do it in two phases, basically, is what I'm after. De Weerd: Okay, and you agree with all staff comments? Palmer: Yes. Yes. De Weerd: Okay. Are there any questions? Bird: I have none. De Weerd: Okay. Thank you, and this is a Public Hearing. Is there anyone else who would like to offer testimony? Powell: Madam President, Members of the Council, just to clarify on the fence issue, perhaps for the neighbor. The fence is required to come down to three feet if it's a solid fence within the front setback area, so that it doesn't obstruct vision while you're backing out, so that would be addressed by our fence standards as well. It can be four foot if it's an open vision fence, but three foot otherwise. Meridian City Council Meeting October 7, 2003 Page 34 of 44 De Weerd: Thank you. Okay. Council? Okay. I would entertain a motion to close the Public Hearing. Bird: Madam President, I would move that we close the Public Hearing CUP 03-038. Nary: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item 13. All those in favor say aye. Okay. All ayes. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Any discussion? Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve CUP 03-038, request for a Conditional Use Permit for a triplex in an R-15 zone for Troy Palmer Triplex, by Troy Palmer, 1236 East 2 1/2 Street, Meridian, Idaho. Incorporate all staff and applicant comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Nary: Second. De Weerd: Okay. It's been moved and seconded twice to approve the Public Hearing for -- or the CUP 03-038, and -- does that clarify they need to work with the neighbor on the fence? I think it was agreed upon, but just special notation on that. Nary: And pay the fee. De Weerd: And to pay the alternative compliance fee. Okay. Mr. Clerk, will you call roll? Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 14. Public Hearing CUP 03-040 Request for a Conditional Use Permit for a Planned Development for shell and core for multi-floor medical office building in an L-O zone for Meadow Lake Village Medical Office by Hummel Architects, P.A. – east of North Eagle Road and south of East Franklin Road: Meridian City Council Meeting October 7, 2003 Page 35 of 44 De Weerd: Item 14 is Public Hearing CUP 03-040, request for a Conditional Use Permit for a Planned Development for shell and core of a multi-floor medical office building in an L-O zone for Meadow Lake Village Medical Office and I will open the Public Hearing with staff comments. Powell: Madam President, Members of the Council this project lies within Lots 4 and 5. They will be doing a minor lot line adjustment to accommodate it, but it is in this general area of the Touchmark Subdivision or Meadow Lake Village, as it's also known. As you're aware not anything out there just yet. This is the proposed Site Plan. It is a 98,000 square foot medical office building, shell and core. It is on 5.96 acres and, as I said, it's a portion of Lots 4 and 5, Block 1, of Touchmark Living Center Subdivision. It closely matches the approved conceptual Site Plan approved through CUP 03-005. The building will be five stories in height. There it is there, five habitable stories and there is a small penthouse for office equipment that shows up right there and particularly shows -- well, it doesn't show up there, it just barely shows up there. Right there on the rendering and it will be 85 feet high, which corresponds to the maximum allowed height for this type of construction by the building code. The L-O zone in which it's located has a maximum building height of 35 feet, so as part of the PD they are asking -- or they did ask for an exception to the height approval. There was discussion at the Planning and Zoning Commission on how this compared in height to the St. Luke's facility. The St. Luke's facility is 108.67 feet, so nearly 109 feet tall. Going to the Planning and Zoning Commission hearing, the applicant from Hummel Architects, who is here tonight, testified in favor of the application? There was no other public testimony presented at the hearing. The key issues of the discussion were the building height and the trash enclosure size and whether a cafeteria or similar uses would be permitted as accessory use. The answer was yes. There were no modifications based on staff's recommendations. The -- perhaps the only outstanding issue for City Council is the applicant agreed to verify the size and number of dumpsters needed for the project prior to City Council meeting, so perhaps he can do that tonight. I did want to just point out the Landscape Plan briefly. There is kind of a land -- pedestrian corridor that connects - - there is a connection here to the St. Luke's drive and they will have an access there and there is kind of a pedestrian connection up to this public street as well and, then, the drive aisle for like the police -- or for the fire trucks comes this way and it's extra wide to accommodate that and I think will end staff's presentation for now. The Planning and Zoning Commission recommended approval. De Weerd: Thank you, Anna. Any questions? Okay. 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? Butler: I do. De Weerd: Thank you. Please state your name and address. Butler: My name is Jason Butler with Hummel Architects, 2785 Bogus Basin Road, representing Meadow Lake Village by Touchmark. The project that we are proposing Meridian City Council Meeting October 7, 2003 Page 36 of 44 follows very closely to the conceptual plan that was approved within the past couple months by the Planning and Zoning Commission and the Council. The first building is -- as staff has said, a five-story shell and core medical office building. There is a potential that it could have a cafeteria or something like that, but right now it's planned for an all medical office building. The dumpster trash enclosure size -- and I have got copies here if you would like -- is coordinated with Sanitary Services and very closely follows their design. We can accommodate two eight yard dumpsters at this time and they can pick up on a daily basis if the building does generate that many. At this time, since it is a shell and core project, and the tenants will be coming -- following after the building coming up out of the ground, we don't know how many tenants will be in the building and the nature of the waste, so Sanitary Services is very comfortable with -- given the size of the building of approximately 98,000 square feet and the potential for the number of clients that two eight yard dumpsters, picked up every day, would handle the waste generated from the building. The only staff comments I'd like to clarify is Item A, Number 6, that the Landscape Plan was updated prior to the Planning and Zoning Commission hearing. It was the real grainy image that Anna had displayed earlier and it had to do with this pedestrian walkway here that will continue on to the future development at this corner of Meadow Lake Village, to where there is some additional landscaping being picked up along the pedestrian way at those parking spaces. Then, the only other item that I briefly touched was item D, Number 1, that Sanitary Services has been contacted and coordinated with the trash enclosure size, so -- at that time -- at this point any other questions that -- De Weerd: Any questions? Mr. Clerk. Berg: Thank you, Madam President. He addressed some document from Sanitary Service. Do you have an extra copy of that? Butler: I do. Berg: I have got to put that in the record, just for the record. I apologize. De Weerd: Thank you. Okay. Thanks. This is a Public Hearing. Is there anyone else who would like to testify tonight? Okay. Nary: Madam President? De Weerd: Mr. Nary. Nary: Hearing no one else, I'd move we close the Public Hearing. McCandless: Second. Bird: I second that. McCandless: I already did. Meridian City Council Meeting October 7, 2003 Page 37 of 44 De Weerd: We are so amenable tonight. It's been moved and seconded to close the Public Hearing on Item 14. All those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Mr. Bird. Bird: Could I ask a question of Anna? On that Landscape Plan you agreed with what the applicant -- Powell: I do have one dated September 4th , which was, actually, the night of the Planning and Zoning Commission hearing. Is that the correct one? Yes, it seems like we just -- we just missed that. Bird: So, that's the one that -- that he agreed upon. Powell: Yes. Bird: Now, he can make his motion. Nary: Okay. De Weerd: Okay. Mr. Nary. Nary: Madam President, I'd move the approval of CUP 03-040, the request for a Conditional Use Permit for a Planned Development for a shell and core for a multi-floor medical office building in an L-O zone for Meadow Lake Village medical office by Hummel Architects, east of North Eagle Road, south of East Franklin Road. To include all staff comments, as well as -- I think it's amending item four of the recommendation in regard to the Landscape Plan that will be reflected in the Landscape Plan that was submitted on September 4, 2003. I'm sorry. It's Number 6 and then, for counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order. Oh, and -- I'm sorry. D? Bird: No. You did fine. McCandless: Adopt recommendations from Sanitary Services. Nary: Oh. I'm sorry and include, as submitted this evening, the recommendation of Sanitary Services for the two dumpsters there adjacent to the building and for counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order. McCandless: Second. Meridian City Council Meeting October 7, 2003 Page 38 of 44 De Weerd: Great team effort there. It's been moved and seconded to approve CUP 03-040, to include the classifications on Item Number 6 and item D-1 and I will ask the City Clerk to call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Bird: Madam President? De Weerd: Mr. Bird. Bird: Before we move on, I want to commend Meadow Lake Village for putting a building like this up. It's going to be a real addition to that area out there and it's probably the way the concept of the Village they are putting in it will be well used and I want to commend them for doing something like that in our nice city. De Weerd: Yes. It is. It's turning out to be a very nice development all the way around. So, thank you, Mr. Bird. Item 15. Public Hearing: AZ 03-017 Request for annexation and zoning of 6.00 acres from RUT to R-4 zones for proposed Parkway Subdivision by Six Point Development, LLC – 355 West Ustick Road: Item 16. Public Hearing: PP 03-022 Request for Preliminary Plat approval of 14 building lots and 3 other lots on 6.00 acres in a proposed R-4 zone for proposed Parkway Subdivision by Six Point Development, LLC – 355 West Ustick Road: De Weerd: Okay. We will go ahead and move on to Items 15 and 16, if there is no problem with opening both Public Hearings? I will go ahead and do that. Okay. I will open Public Hearings AZ 03-017, request for annexation and zoning of six acres from RUT to R-4 zones for proposed Parkway Subdivision. Also Item 16, Public Hearing PP 03-022, request Preliminary Plat approval of 14 building lots and three other lots on six acres in a proposed R-4 zone for Parkway Subdivision and I'll start it with staff comments. Powell: Madam President, Members of the Council, we are over near Venable Lane again. This time we are on the south side of Ustick Road in these two parcels here. There is an existing home and some outbuildings on the property currently. You -- I believe you saw this property -- a subdivision on this property before, but the existing home was not included in the annexation and my understanding is that it was denied at that time. They have now included that existing home in the annexation and zoning request. They are requesting an R-4 zone and the title says they do have 14 building lots and three other lots. The landscape lots are located along Ustick Road along the entry drive and, then, there is a drainage lot located toward the south end of the Meridian City Council Meeting October 7, 2003 Page 39 of 44 property. The single-family lots range in size from 9,230 square feet to approximately 41,596 square feet. That's, obviously, accommodating the existing home. The gross density for the subdivision is 2.33 units per acre. There was one member of the public testifying in opposition or expressed concerns about the project and this was the property owner immediately west of the entrance road. Her concern was the proximity of the entrance road. The applicant did shift the road -- this is as it's proposed now. It's difficult to read, because of top lines, but there is a landscape lot there -- let's see how many we have. This was the original submittal and, as you can see, they had the divided island. What was discussed at the Planning and Zoning Commission was perhaps taking that island out and shifting that additional area and additional landscaping over to the west, so that -- oh, wrong way. Sorry so, that it provided more buffer for this property owner and that's what has been done, so that extra ten feet was included over there and I have forgotten the exact dimension of that now, of that landscape lot. It is a sizable landscape lot at this point. The applicant can testify to that. The other benefit of that was it kind of cleaned up this area here. I did have concerns that you got kind of a wide asphalt expanse here that was a little bit undefined, so it does take care of that and Planning and Zoning Commission has recommended approval. There are no outstanding issues before City Council and I will end staff's report -- staff's presentation with that. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Could we get the date of this revised plat, please? Powell: September 24th . De Weerd: Okay. Did you have anything further, Anna? Powell: No ma'am. De Weerd: Okay. Any questions of Anna? Nary: Madam President? De Weerd: Mr. Nary. Nary: So, the five percent open space is basically incorporated in that drainage, is that what that is? Powell: Yes. I believe so. Nary: Okay. Powell: It's -- as I understand it, it's a fairly shallow drainage area. Meridian City Council Meeting October 7, 2003 Page 40 of 44 Nary: Okay. Thank you. De Weerd: Okay. Is the applicant here? Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Cook: I do. De Weerd: Thank you. Please state your name and address. Cook: My name is Richard Cook. I'm with Briggs Engineering here tonight representing Six Point Development and the address is 1800 West Overland Road in the City of Boise. De Weerd: Thank you. Cook: This landscape strip now adjacent to the home to the west is almost 30 feet in width and we have taken that -- the trees that we had intended to put in the island that we had in the center of the street and we are planting those trees along this west side to give that person some additional buffering. The staff report is reflective of what we are proposing here and we are in agreement with the comments and conditions in the staff report and we believe that we are in full compliance with the Comprehensive Plan and the zoning ordinance for annexation and subsequent development of the property. I do have one comment. There is a letter in the packet from Wendell Bigham from the school district and the third paragraph, last sentence, refers to having a meeting with the developer on this project and that we had agreed to provide an elementary and a high school site. De Weerd: How generous of you. Cook: It's going to be a very small school. Bird: I was going to say -- McCandless: One grade. Bird: Are they taking the whole thing for the elementary or -- De Weerd: That's a one building schoolhouse. One room. Cook: So, obviously, that was not intended for this particular development, so I just wanted to point that out. Bird: Either that or you got the wrong development. Meridian City Council Meeting October 7, 2003 Page 41 of 44 Cook: Correct, and the other thing I'd like to mention is that we have conferred with the Ada County Highway District regarding the island and they are concurrence with us on that removal, so -- De Weerd: Okay. Cook: With that I will conclude my remarks and thank you for the brevity of the evening. De Weerd: Well, thank you for the donation of the school property. Bird: We appreciate that. De Weerd: I don't know where you're going to build your homes, but -- Bird: I don't know where they are going to build the school. A high school takes about 40 acres. Cook: True story. Bird: Are we going to have one of them tall ones? De Weerd: Well, I see that it was very important, Richard, to clarify that letter. Okay. Any questions? Comments? Nary: Madam President, I know why Mr. Cook put an island up there in the center, too, but I think it's better that -- with the alternative they have there. It's really good for the neighbor, because my recollection was that's what the neighbor had said previously, was that road was almost by her window, I think. I think that's a good alternative and I think the other concerns we have addressed, which is the house. We weren't -- we didn't want to create an enclave and so I think this really addressed all the concerns we had. De Weerd: Thank you, Mr. Nary, for your comments. Powell: Madam President, Mr. Nary, he was concerned about taking it out and that's why I wanted to express staff's support of the concept in their presentation. De Weerd: Okay. I would entertain a motion, if there were no further discussion, to close the Public Hearings on both 15 and 16. McCandless: So moved. Bird: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearings on Items 15 and 16. All those in favor say aye. Meridian City Council Meeting October 7, 2003 Page 42 of 44 MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Okay. Any discussion? Bird: Madam President? De Weerd: I'm sorry. Mr. Bird. Bird: If you have got a discussion, go ahead. De Weerd: No. I just was going to comment that a 30-foot landscape lot is, indeed, a nice amenity and it will be a good buffer to the resident, so -- Bird: I'm sure she will appreciate that. De Weerd: Okay. Mr. Bird. Bird: I would move that we approve AZ 03-017, request for annexation and zoning of 6.00 acres from RUT to R-4 zones for the proposed Parkway Subdivision by Six Point Development, LLC, 355 West Ustick Road and to incorporate staff and applicant comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve AZ 03-017 with staff comments. Mr. Clerk, will you call roll? Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Okay. Item 16. Mr. Bird. Bird: Madam President, I would move that we approve PP 03-022, request for Preliminary Plat dated September 24, 2003, if I recall right, approval of 14 building lots and three other lots on 6.00 acres in a proposed R-4 zone for the proposed Parkway Subdivision by Six Point Development, LLC, 355 West Ustick Road. To incorporate staff and applicant comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve PP 03-022. Mr. Clerk, roll call. Meridian City Council Meeting October 7, 2003 Page 43 of 44 Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Thank you. Just a couple of comments. We got a memo from Craig Hood, dated September 30th , regarding the letter that we got from Mr. and Mrs. Smith. Anna, I just wanted to have you pass along our appreciation for addressing this, that he was very timely and I know the Smiths have had some ongoing concerns, so do appreciate his attention to that and the way he dealt with the Smiths. It was very appropriate and he did it in a timely fashion, so -- Powell: We will let him know. De Weerd: Very much appreciated. Also, staff has been working diligently on our community planning day for Thursday. Keith and I will be welcoming the attendees on that day. Here is an agenda, Keith. Does staff have any needs or help? Powell: No. I think we are okay. I have been coordinating with Kristy on it. It's a little tricky figuring out how detailed to get, but give you enough to do a mock Council hearing on, but not overwhelm folks. We are changing the name to protect the innocent to Pokemark, as opposed to Touchmark. De Weerd: Steve Arnold had called and left a message on my voicemail to touch base with him on that, because he's going to be there on the applicant's side and he just wanted to know what -- Powell: He's going to represent -- De Weerd: I guess Touchmark and asked him if he would help participate in that. Powell: Oh. Oh. Okay. De Weerd: Because we did talk to Joe Swenson and Joe must have passed that onto Steve. Powell: Is Steve going to participate here or over when they go to the site? De Weerd: He will most likely participate here, as the applicant and I don't know who will be on site. I was going to call him tomorrow, but I thought maybe you might want to touch base with him, too. Powell: Okay. I had considered since -- De Weerd: Oh, you wanted to be the applicant. Meridian City Council Meeting October 7, 2003 Page 44 of 44 Powell: No. I had considered since one of the people that was going to be on City Council, you know, that we talked about flip flopping Ada County Highway -- from the ACHD hearing and one of the City Council members was going to be a City Council member, I thought we might use him as the developer. De Weerd: No. Our City Council Member is going to be our attorney. Powell: Oh. Okay. De Weerd: And he's relishing the thought that he can be Bill Nichols. Powell: Okay. Nary: I can sit there quietly. Nichols: Madam President, I can quickly disabuse him of that. Powell: Then, I will get with Steve tomorrow to talk about him representing the applicant. De Weerd: Okay. Thank you. If there is not anything further, I would entertain a motion to adjourn. McCandless: Move we adjourn. Nary: Second. De Weerd: Okay. It's been moved and seconded to adjourn at 9:13. All in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Okay. Thank you MEETING ADJOURNED AT 9:13 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK