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HomeMy WebLinkAbout2011-02-01~E IDIZ IAN~- ~J CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 01, 2011 at 7:00 PM 1. Roll-Call Attendance O David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance (Pg. 1) 3. Community Invocation by Dave Duron with Meridian First Baptist Church (Pg. 1) 4. Adoption of the Agenda (Pg. 2) 5. Consent Agenda (Pg. 2-3) A. Approve Minutes of January 18, 2011 City Council Regular Meeting B. Acceptance Agreement for Display of Artwork of Karyn deKramer in Initial Point Gallery, March 25 to April 22, 2011 C. Acceptance Agreement for Display of Artwork of Kevin Flynn in Initial Point Gallery, June 17 to July 15, 2011 D. Acceptance Agreement for Display of Artwork of Sandra L. Shaw in Initial Point Gallery, November 4 to December 2, 2011 E. Acceptance Agreement for Display of Artwork of David R. Day in Initial Point Gallery, February 25 to March 25, 2011 F. Findings of Fact, Conclusions of Law for Approval: AZ 10-003 Borup Property by Neilson, Inc. Located at 2250 N. Meridian Road Request: Annexation and Zoning of 0.22 of an Acre of Land with a C-G Zoning District Meridian City Council Meeting Agenda -Tuesday, February 01, 2011 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Findings of Fact, Conclusions of Law for Approval: VAR 10- 004 Fast Eddy's Ten Mile Station by Steve Eddy Located at 750 N. Ten Mile Road Request: Variance to UDC 11-4-3-39.C, Which Requires an Unenclosed Vehicle Washing Facility to be 100 Feet from a Residential Zoning District H. Addendum to Development Agreement for Approval: MDA 10- 009 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road Request: Modify the Recorded Development Agreement I. Purchase Approval for Capital Replacement of the Wastewater Divisions Wheel Loader. Replacement Loader from Western States Equipment Co. for a Not-To-Exceed Amount of $96,335.00 Which is the Result of RFP #PW-11-10217. J. Approve the Bid Amount of $365,115.75 from Brown Construction for the Victory Road Sewer Connector Pipeline and Authorize the Mayor to Sign the Agreement K. Task Order No. 10220 with Brown and Caldwell for Construction Stormwater Management Program FY 2011 Consulting for the Not-To-Exceed Amount of $51,000.00. This Task Order Would be Pursuant to the Master Agreement Dated November 28, 2006 L. Amended Agreement for Hook-up to the City of Meridian's Sewer/Water System Outside the City Limits: Diamond View Assisted Living, LLC, 3570 E. Amity Road, Meridian, ID 83642 6. Community Items/Presentations A. Sanitary Services: Spring Cleanup Week (Pg. 4-5) 7. Items Moved From Consent Agenda (Pg. 6) 8. Department Reports A. Mayor's Office: Resolution No. 11-771: Appointing Andrew Mitzel, a Youth Member, to the Parks and Recreation Commission (Pg. 6-7) B. Planning Department: Fee Waiver Request for Mr. Lee White for the Property Address of 1750 N. Ten Mile Road (Pg. 7-8) Meridian City Council Meeting Agenda -Tuesday, February 01, 2011 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Action Items A. Public Hearing: AZ 10-004 Pecchenino Annexation by City of Meridian Public Works Department Located 1955 N. Ten Mile Road Request: Annexation and Zoning of One (1) Acre of Land from RUT (Ada County) to R-4 (Medium Low-Density Residential) Zoning District (Pg. 8-17) B. Public Hearing: AZ 10-005 Ada County Highway District (ACRD) Ten Mile Annexation by City of Meridian Public Works Department Located Southwest Corner of W. Ustick Road and N. Ten Mile Road Request: Annexation and Zoning of 1.50 Acres of Land From R1 (Ada County) to R-4 (Medium Low- . Density Residential) Zoning District (Pg. 17-20) C. Public Hearing: MDA 10-011 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 1/4 Mile West of Ten Mile Road, North of W. Franklin Road Request: Modification to the Development Agreement to Reflect a New Development Plan and Increase in the Number of Residential Units Within the Development (Pg. 20-28) D. Public Hearing: CUP 10-014 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 1/4 Mile West of Ten Mile Road, North of W. Franklin Road Request: Conditional Use Permit for aMulti-Family Development Consisting of 369 Units on 24.61 Acres in an R-15 Zoning District (Pg. 20-28) Adjourned at 8:20 p.m. Meridian City Council Meeting Agenda -Tuesday, February 01, 2011 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting February 1, 2011 A meeting of the Meridian City Council was called to order at 7:08 p.m., Tuesday, February 1, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Brad Hoaglun, and Charlie Rountree. Members Absent: David Zaremba. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Sonya Wafters, Bill Parsons, Warren Stewart, Mike de St. Germain, Mark Niemeyer, Steve Siddoway and Dean Willis. Item 1: Roll-call Attendance: Roll call. David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for your patience this evening. We welcome you. For the record it is Tuesday, February 1st. It's 7:08. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Dave Duron with Meridian First Baptist Church De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor David Duron and he is with Meridian First Baptist Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Duron: Father, we thank you for today. We thank you for the privilege of convening like this in an evening and the freedom in our country to do so. We realize, God that you have blessed our country and the freedom that we have to gather together, even like this, and beseech your help and thank you for the help that you have given our city and our country. We ask that you would give wisdom to our leadership and the business that transpires tonight, to your glory, Lord, in Jesus' name, amen. Meridian City Council February 1, 2011 Page 2 of 28 Item 4: Adoption of the Agenda De Weerd: Thank you for being here with us this evening. Item No. 4 is the adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a quick addition in the agenda for this evening. Under Department Reports, Item 8-A, that resolution number is 11-771. And with that, Madam Mayor, I move adoption of the agenda as printed. Rountree: Second. De Weerd: I have a motion and a second to adopt the agendas as printed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of January 18, 2011 City Council Regular Meeting B. Acceptance Agreement for Display of Artwork of Karyn deKramer in Initial Point Gallery, March 25 to April 22, 2011 C. Acceptance Agreement for Display of Artwork of Kevin Flynn in Initial Point Gallery, June 17 to July 15, 2011 D. Acceptance Agreement for Display of Artwork of Sandra L. Shaw in Initial Point Gallery, November 4 to December 2, 2011 E. Acceptance Agreement for Display of Artwork of David R. Day in Initial Point Gallery, February 25 to March 25, 2011 F. Findings of Fact, Conclusions of Law for Approval: AZ 10-003 Borup Property by Neilson, Inc. Located at 2250 N. Meridian Road Request: Annexation and Zoning of 0.22 of an Acre of Land with a C-G Zoning District G. Findings of Fact, Conclusions of Law for Approval: VAR 10- 004 Fast Eddy's Ten Mile Station by Steve Eddy Located at 750 N. Ten Mile Road Request: Variance to UDC 11-4-3-39.C, Which Requires an Unenclosed Vehicle Washing Facility to be 100 Meridian City Council February 1, 2011 Page 3 of 28 Feet from a Residential Zoning District H. Addendum to Development Agreement for Approval: MDA 10- 009 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road Request: Modify the Recorded Development Agreement I. Purchase Approval for Capital Replacement of the Wastewater Divisions Wheel Loader. Replacement Loader from Western States Equipment Co. for aNot-To-Exceed Amount of $96,335.00 Which is the Result of RFP #PW-11-10217. J. Approve the Bid Amount of $365,115.75 from Brown Construction for the Victory Road Sewer Connector Pipeline and Authorize the Mayor to Sign the Agreement K. Task Order No. 10220 with Brown and Caldwell for Construction Stormwater Management Program FY 2011 Consulting for the Not-To-Exceed Amount of $51,000.00. This Task Order Would be Pursuant to the Master Agreement Dated November 28, 2006 L. Amended Agreement for Hook-up to the City of Meridian's Sewer/Water System Outside the City Limits: Diamond View Assisted Living, LLC, 3570 E. Amity Road, Meridian, ID 83642 Weerd: Item 5, our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of tonight's Consent Agenda, along with the addition in 8-A of resolution number 11-771 and that the Mayor be authorized to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council February 1, 2011 Page 4 of 28 Item 6: Community Items/Presentations A. Sanitary Services: Spring Cleanup Week De Weerd: Item 6 under Community Presentations we have with us today Steve Sedlacek with SSC. Welcome. Sedlacek: Thank you, Madam Mayor, Members of the Council. I'm here tonight to talk to you just briefly about some information that the Solid Waste Commission has discussed in the past. Councilman Rountree is on that committee, ex-officio member. All right. Now that we are all turned on, the issue is curb side yard waste collection. When we converted to the automated collection system last year 2010 we committed to doing a spring clean up week for the homeowners in Meridian. The concern was in the spring people are pruning their trees and doing yard work and there will be spring -- an issue where there might be too much waste during aspring -- during springtime. So, the commission has considered -- that we have agreed to do a week of collection at no cost, just as an add-on feature to the program and that week will be April 4th through the 8th, so for the first full week of April, and it will mimic the fall leaf collection program where you can put out all the organic material you want, bundles of brush or grass or leaves or whatever and if it's in cardboard boxes and Kraft bags or segregated into a can, we will pick it up, we are going to take it to our transfer facility and mix it with our organic material and take it to the landfill where it will be ground up as mulch, basically. So, tonight I just wanted to tell you about that. I want you to know it's happening. Get any comments from you if you have any. The public information will be headed out to the public in their bills this next week, I believe, the 5th and the 20th, so we will start on the 5th, so I guess if you have any negative comments about that we would have to change right away. De Weerd: Better know now, uh? Sedlacek: Yes. De Weerd: Yes. Council, any questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Steve, just to be sure -- because when people think of spring clean up, I mean they are thinking cleaning out their garage and, you know, the shop, the shed, whatever. This is just yard waste, organics, it doesn't get into putting -- De Weerd: Couches. Hoaglun: -- couches -- Meridian City Council February 1, 2011 Page 5 of 28 De Weerd: Refrigerators. Hoaglun: Yeah. Microwaves. Whatever. Can you clarify that? Sedlacek: Absolutely, Councilman Hoaglun. We had that discussion about what type of clean up it should be. Should it mimic like what we do after Christmas where we have an unlimited week of anything you want or should it be an unlimited week like we do for fall leaves -- actually, that's almost a month now -- and have it be organic based -- focused. De Weerd: I didn't know you did that after Christmas. Sedlacek: Absolutely. De Weerd: I could have put my couch out there? Sedlacek: No. De Weerd: You said whatever. Sedlacek: We have to be able to pick it up with the trucks. De Weerd: Oh. Okay. Sedlacek: Okay. So, we went back and forth on that issue. We did decide that the issue as it came up in the public meetings that we had when we converted was this was an issue related to yard waste clean up and so we are making it a yard waste week. Now, this will be the first week we do it. We are happy to take input from the public and the Council and the Mayor and we can switch it to a different type of collection next year or -- you know, this is certainly a manageable issue. We can change it. So, this is our first shot at it. But, yes, it will be an organic yard waste type collection. De Weerd: And that's clear in your literature? Sedlacek: Absolutely. De Weerd: Good. Any questions? Rountree: No. I have none. De Weerd: Well, we appreciate that you did add that extra time, so that people with sizeable yards have another opportunity to rid themselves of the winter stuff. Sedlacek: Absolutely. De Weerd: Thank you. Appreciate you being here. Meridian City Council February 1, 2011 Page 6 of 28 Item 7: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Department Reports A. Mayor's Office: Resolution No. 11-771: Appointing Andrew Mitzel, a Youth Member, to the Parks and Recreation Commission De Weerd: So, we will move into our Department Reports. Council, in front of you you do have a resolution number 11-771, appointing Andrew Mitzel as the youth member to the Parks and Recreation Commission. We have conducted interviews. I know that our parks director and two of the parks commissioners interviewed Andrew as well and they brought the recommendation to me to -- that they would love to have Andrew as their youth member. Council, this is through the end of August. We anticipate, if he successfully serves until that point, to renew it again for a whole year, but we would need to have your okay at that time. So, I would open it up to any questions or, Mr. Siddoway, do you have any comments? Siddoway: Just briefly. We did interview Andrew. He is currently an undergraduate at BSU. He lives in Meridian. He's a native to Meridian. Went to Meridian Middle School. Meridian High. He has agreed that he can serve here and we believe he will be a good fit for the commission and we have recommended approval of his appointment. Thanks. De Weerd: Thank you. Council, any questions? Rountree: I have none. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve resolution 11-771, appointing Andrew Mitzel to the Parks and Recreation Commission. Hoaglun: Second. De Weerd: I have a motion and a second to approve the resolution in front of you. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. Meridian City Council February 1, 2011 Page 7 of 28 De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Planning Department: Fee Waiver Request for Mr. Lee White for the Property Address of 1750 N. Ten Mile Road De Weerd: Item 8-B. I will turn this over to Pete with our Planning Department. Friedman: Thank you, Madam Mayor, Members of the Council. The Planning Department is requesting two fee waivers for Mr. Lee White of 1750 North Ten Mile Road. Last year Mr. White applied for an accessory use permit, essentially, for a home occupation, but that permit was denied by the Planning Department staff. Regrettably, we didn't clearly explain his -- the Council review process to him, therefore, he missed the deadline to come before you and seek redress on that decision. Because of that staff feels that Mr. White should at least have an opportunity to apply for that accessory use permit again, as well as Council review of the likely outcome of that application. And, again, we are requesting that you waive the fees for those two applications for Mr. White. De Weerd: Thank you, Pete. Now, I understand Council waived the fee for the application and, then, when -- when staff denied it there would have been another fee to appeal the decision of the Planning Department. So, this would waive all of that; is that correct? Friedman: That's correct, Madam Mayor. Council will recall -- I believe it was in December of last year Mr. White came before Council and requested a fee waiver for that accessory use permit application fee, which Council granted. He, then, submitted his application, which the Planning Department denied and at that point we more effectively communicated the appeal process or the Council review process to him. There would have been a review fee of 692 dollars. Because of the lag and the timing and so forth, he was denied his permit; he was not able to come before Council. So, given that we would -- we are requesting that the Council waive again the accessory use permit fee, as well as the Council review fee. So, he would make -- if Council waives the application fee he would make his application for the accessory use. If all conditions were similar to last year's the result would probably be the same and, then, he would seek to come and bring that decision before you. De Weerd: So, Pete, can Council consider waiving both set of fees? Because, otherwise, you almost have the same outcome. Friedman: That's the request, Madam Mayor. De Weerd: Okay. I just wanted to be clear on that, instead of the definition of insanity. Council, any questions? Meridian City Council February 1, 2011 Page 8 of 28 Rountree: I have none. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve -- oh, oh. That's not good on computers. I move that we approve the request for fee waiver as explained in the planning director's memorandum of January 21st, 2011, Item 8-B. Bird: Second. De Weerd: Now, that I have caused all kinds of disturbance here. I think I do have a motion and a second to approve the waiving of all fees and if there is no discussion I will call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Action Items A. Public Hearing: AZ 10-004 Pecchenino Annexation by City of Meridian Public Works Department Located 1955 N. Ten Mile Road Request: Annexation and Zoning of One (1) Acre of Land from RUT (Ada County) to R-4 (Medium Low-Density Residential) Zoning District De Weerd: Thank you. Okay. I will go ahead and move into Item 9-A, which is a public hearing on AZ 10-004, and I will ask for staff comments at this time as I open the public hearing. Parsons: Thank you, Madam Mayor, Members of the Council. This is a recommendation for approval from the Planning and Zoning Commission on the subject application to zone -- annex and zone one acre of land from RUT in Ada county to an R- 4zoning designation in the city. The subject property is located at 1955 North Ten Mile Road and currently is surrounded by R-4 zoned property in the city. At this time there are no development plans for the site. Future development will be contingent upon the provisions contained in the UDC, currently whatever is in effect at the time that they propose development on the site. I would also point out to Council that the purpose of annexation is really to facilitate a Public Works program or infrastructure in front of the property. As you know we are looking to get the re-use -- reclaimed booster station on Meridian City Council February 1, 2011 Page 9 of 28 line and we need to get that infrastructure down to the Ten Mile interchange and this is one of the properties that is -- that is needed to facilitate those improvements. Also with this annexation staff is not recommending a development agreement. There will be a separate hook-up agreement between Public Works and the property owner. The property owner is Mr. Pecchenino. He is in the audience this evening and he has granted permission to the city Public Works Department to act on his behalf regarding the annexation application. During the hearing -- of the P&Z hearing it was discussed regarding some RV storage occurring on the property. At first blush it appeared that that was an outdoor storage facility on the site with the number of trailers that were stored on the property. After speaking with the property owner it was determined that it was really -- they were storing those vehicles for friends and family, so it wasn't really a paid facility. However, the UDC still requires that that -- those vehicles be screened from a public street and those standards are outlined in the parking standards of the UDC. Public Works has been working with the property owner. It is our understanding -- planning department's understanding that the fencing will be in place and highlighted in that agreement -- that separate agreement that I discussed earlier and those things are still being worked out. But that agreement will come back before Council for approval, so you can anticipate seeing that. I did prepare a slide for you this evening showing you how much fencing is to be installed on the site. It is highlighted in white. Under the current UDC standards that fencing has to be a six foot solid fence and it has to be adjacent to where West Hatch Court comes in. You can see that cul-de-sac along the north boundary. Where it runs along that portion of the property it needs step in ten feet per the fencing standards of the UDC. Testifying at the hearing on the application was the Public Works Department, Mr. Warren Stewart, and, then, also staff received written testimony from Theresa Pecchenino. Basically, her a-mail addressed the RV storage on the site. No additional testimony has been provided to staff. The applicant has provided some photos for you to review this evening. He would like to discuss some of the fencing requirements the city currently has in place with you. Other than the fencing issue staff has no other knowledge any of other outstanding issues before you this evening and would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions at this point? Bird: I have none. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Bill, I have read your description. I just need to understand the why and have made several assumptions, but would you explain the why we are doing this. Or maybe Warren. Stewart: Madam Mayor, Members of the Council, Councilman Rountree. It, basically, stems from the fact that the Department of Environmental Quality has a requirement Meridian City Council February 1, 2011 Page 10 of 28 that there be a hundred feet of separation between any domestic well and any re-use main line. Rountree: Okay. My assumption was correct, then. Thank you. De Weerd: We have to be trained on these button things. And my glass of water. Any other questions from Council at this point? Bird: I have none, Mayor. De Weerd: Okay. Mr. Pecchenino. Stewart: Madam Mayor, as the applicant for the project I probably ought to make a few comments before Mr. Pecchenino comes up. Is that okay? De Weerd: Oh, that's right. The city is the applicant here. Well, I always like to have our guests go first. Go ahead. Stewart: Thank you. Just by way of a little background, as we sort of alluded to, the city is putting a re-use main line down the Ten Mile corridor to serve as a main line to serve the interchange, as well as additional properties along the Ten Mile as our re-use program expands. There is, basically, a couple of these that you will hear tonight that are sort of in the same situation where we have domestic wells that are within the one hundred foot separation requirements and as such we have been negotiating with these individuals to bring their properties into the city through the annexation process and to hook up their services to the City of Meridian and we have been working with the Peccheninos on that effort and have basically -- this is the first step of that in bringing forward this annexation. As has been eluded to, there will also be an agreement that will come before you in the near future, which will outline the water and sewer hook ups, the fact that we will be recommending that the fees for those be waived and the city will reimburse the Peccheninos for those connections. Also, the screening -- the fence screening for the RVs, we will be providing that or recommend that the city provide that, as they are -- we are the applicant, we are the ones that are initiating this. It is for the city's benefit. But those will be part of an agreement that will come before you before the actual ordinance. And with that, I guess, I would stand for any questions you have. think Mr. Pecchenino has some questions, again, with regards to the fencing requirements and would like to address those with you at this time, but I will stand for any questions that you may have. De Weerd: Thank you. Council, any questions? Rountree: I have none. Bird: I have none. Meridian City Council February 1, 2011 Page 11 of 28 De Weerd: Okay. Now, you have changed your mind. Okay. Well, I do have both of the Peccheninos -- Pecchenino. I love that last name. You both signed up in favor of this application; correct? Pecchenino: Yes. De Weerd: Very good. If you will, please, state your name and address for the record. Pecchenino: Michael Pecchenino. 1955 North Ten Mile Road, Meridian. De Weerd: Thank you. Pecchenino: I was going to come here to request a variance to the fence code to be able to construct that side fence in a straight line that -- you see the pictures there. Number one is looking east from the neighbor's yard and picture number two is from the neighbor's yard looking west. As you can see we area on a cul-de-sac. The existing fence is in a straight line and I was just merely trying to save the city a little money by building a straight fence versus the way you have it up there. De Weerd: Okay. Can you not build his fence the way he would like to? Stewart: I will leave that question up to Bill, I think. Parsons: Madam Mayor, Members of the Council, the current -- up here on the slide here I have tried to portray what the current UDC, standards are as far as fencing and to give you a quick answer, I don't like to use the word no, but under the current code requirements the answer would be no. I mean it needs to step in that ten feet and it really comes down to an esthetic issue I think. When we talked about it at staff with the director it was her determination that if we lax this standard here we are setting a precedence out there. If you recall there was a gentleman that contacted the Mayor's office I would say maybe two months ago that wanted some relaxation from the fencing standards adjacent to a common lot and that request filtered down to the Planning Department and we were -- at that time Planning Department had made a stance on that that we would want to keep that fencing in place and so that's the direction that we have been given to present to the Council tonight is that we really should stick with the standards that we have in the UDC. Pecchenino: Can I ask a question, please? At what point does that ten foot easement begin? Is it from the road or from the nearest edge of the sidewalk? Because I know of a residence in Meridian that has a side fence, this property is located at the corner of Ustick and Locust Grove, the northwest corner, and their fence is ten foot from the white line of the shoulder line. Now, would I be able to put -- be able to build ten feet from the pavement or is it going to be from the nearest edge of the sidewalk, which is measured on this? Parsons: Madam Mayor, may I address Mr. Pecchenino? Meridian City Council February 1, 2011 Page 12 of 28 De Weerd: Yes, please. Parsons: Thank you. Mr. Pecchenino, it would be measured from your sidewalk. Pecchenino: Why is that fence on Locust Grove ten feet from the road? De Weerd: Well, sometimes people don't actually follow the rules and they don't get -- Pecchenino: So, are they in violation? De Weerd: Well -- and oftentimes our code changes after -- Pecchenino: It looks like a pretty new fence. De Weerd: Is it? Are they in the city? Friedman: Madam Mayor, Council Members, without knowing the property and without knowing the circumstances Ican't -- we can't address that. De Weerd: We don't know. But just because someone else might have done it wrong doesn't give -- especially when we are the applicant, it doesn't give us permission to do it wrong, too. Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: Question for Bill. Bill, could we go back to that slide? We have the deal up. I'm trying to figure out -- it talked about the ten foot setback on corner properties and, then, the side yard fences have a five foot -- or shall be allowed where the -- can you explain to me -- I might be confused here. Side yard fences that follow the side yard property line shall be only allowed where the side setback is five foot or greater. Can you -- I'm not sure I understand that correctly. Friedman: Madam Mayor, Council Member Hoaglun, Council Members, if I could have Bill get the aerial back on, so that -- to kind of explain the situation. I think the reason this confusion came on that one, Council Member Hoaglun, was what we tried to do in the UDC with that illustration is illustrate typical situations with corner lots and the provision under number three of that -- of that UDC section was street side or street yard fences needed to be set ten feet back. The -- you know, the operating thought when the code was developed was primarily for those corner lots, so you didn't have fences coming right out to the edge of the sidewalk on corners and creating both, you know, an unsightly situation and so forth. Mr. and Mrs. Pecchenino's property -- it's not a corner lot per se, but it does have two street yards, one being Ten Mile Road and one being the cul-de-sac of Hatch Court. So, with the presence of Hatch Court there it really Meridian City Council February 1, 2011 Page 13 of 28 does create a street yard, if you will, and what we have done with this illustration is we have given as much of the benefit of the doubt as we can by really kind of saying, okay, we will consider most of that a side yard until you get to, rather, the bell of the cul-de- sac, because that's primarily where most of the street is, rather than saying the whole thing is a street yard and the fence would have to be set back ten feet along that whole property line. In our discussions with Mr. Pecchenino, of course, he initially said, well, wait a second, I have got a shed out there, I don't want my shed outside the fence. So, in trying to apply our codes fairly, this is the solution we came up with while still being able to, in good conscience, say we have met the intent of our street side setback for fences. De Weerd: But, Pete, aren't those setbacks primarily because of a vision triangle or a vision issue on those corner lots? I don't know how many -- the vision aspect is not an issue, nor do you think you're going to have a lot of traffic that walks on that sidewalk that's going to be squeezed between a fence, a sidewalk and moving traffic, which is really what the safety issue is going to be. That doesn't apply in this one either. There should be a consideration perhaps for a variance of some sort. Friedman: Madam Mayor, Council Members, I think the Mayor raises good points, you know, again, in our administration of the code we try to be flexible and we try to be creative where necessary. If a variance -- I mean a variance, Mayor, is correct. A variance is the appropriate vehicle, if you will, to seek the remedy for that fence setback situation. Staff is not sure we could make the findings for approval, but that's, you know, only a recommendation. But the variance would come to Council and they could make the determination on -- on the variance itself. De Weerd: If we were to be the applicant again. Nary: Yes. Without the variance. De Weerd: Correct? Friedman: If we were to be the variance -- yes, we could be the -- have an affidavit of interest from the property owner. De Weerd: Mr. Bird. Bird: Yeah. We can make it in the motion of the annexation of getting rid of it. It looks like a trash collector to me the way they go in like that. All the trash will be blown into those little joints like that, so -- but we can take -- I don't think we need a variance, we can do it in the annexation, can't we? That's in force right now? Nary: No. Friedman: Madam Mayor, Council Member Bird, I would defer to Mr. Nary on that question. Meridian City Council February 1, 2011 Page 14 of 28 Nary: Madam Mayor -- well, Madam Mayor, Members of the Council, okay, then, it's my error, Mr. Bird. You can approve a variance or an alteration of your code as part of your annexation. The problem that you have here -- and that's where I think where Mr. Friedman is alluding to is you have a code that, basically, is to prevent people from building a fence right adjacent to the sidewalk and you have a number of places around town that that's occurred and that's the reason this code exists now is that you have like fencing that immediately abuts the sidewalk on what is, essentially, the -- this portion of the property. So, it's something that you have put into code and I think they have tried to work around that. They can -- they can consider alternative fencing, but in the discussions to this point with Mr. Pecchenino they haven't been able to come up with something for -- that both the city and Mr. Pecchenino have been comfortable with as alternatives, other than a variance. The problem with the variance is a variance requires it's a dimensional standard or an impossibility based on the configuration of the property or the topography of the property and as Mr. Friedman said, it may be difficult for staff to make the findings because there is no reason you can't build the fence this way. The only reason is a preference and esthetic. If Mr. Pecchenino was coming in today to have this fence built by himself, the staff would be denying it, the same as we are telling you now, because it doesn't comply with our code. They can look at alternatives, they can discuss it, which I think they have, but they haven't been able to find an alternative type of fencing for this area. So, that's why to this point to mitigate that the city's agreeing to waiving the different fees and paying for this fencing, but the only thing the city is -- or the staff is requesting is comply with our code requires that small setback to make sure it isn't butted right up against the frontage of the sidewalk. Friedman: Madam Mayor, Council, just one point of clarification in that area also, in our, you know, thought process, that would be an area where there would be a gate anyway, because that's going to be the access into and out of the property for the various recreational vehicles and trailers that are being stored there. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question for Mr. Pecchenino. The picture I'm looking at -- it looks like there is green space between the sidewalk and the fence. Pecchenino: There is. There is roughly -- Hoaglun: How much space is that? Pecchenino: Two feet from the edge of the sidewalk to the existing fence line. So, it does not actually abut the sidewalk. Meridian City Council February 1, 2011 Page 15 of 28 Hoaglun: Okay. And the sidewalk is a standard three foot -- this might be for planning staff, Madam Mayor. Five foot -- I'm sorry. Five foot. So, you have seven feet from the edge of the gutter, basically, back to the fence, approximately. Okay. Pecchenino: I'm not sure what Pete was saying about the gate, but the gate does come in, not out towards the cul-de-sac. De Weerd: So, it opens into your property? Pecchenino: Yes. De Weerd: Did you have anything further? Pecchenino: No. De Weerd: See, you didn't have to say much. We said it all; right? Pecchenino: Okay. Thank you. De Weerd: Thank you. Is there any additional testimony on this application? Council, any further information needed? Bird: I have none. De Weerd: Any additional staff comments? Friedman: No, ma'am. De Weerd: Okay. Well, Council, I would entertain a motion to close, if you are so inclined. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing AZ 10-004. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-A. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayor, I do have a question for legal counsel. Meridian City Council February 1, 2011 Page 16 of 28 De Weerd: Okay. Hoaglun: Just to make sure I understand, Mr. Nary, we cannot grant a variance to the fencing requirement at this particular meeting, that would have to be required in a separate application, is that my -- do I understand that correctly? Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, that's correct, because that requires a public hearing and that hasn't been noticed for tonight. All that's in front of you is an annexation. Hoaglun: So Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of AZ 10-004 with staff and applicant comments and that this project move forward and the fencing issue can wait until another time. Bird: Second. De Weerd: I have a motion and a second to approve this item. Any discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Question for Mr. Nary. To bring a variance on the fencing forward, seeing how we are the applicant, would have to be brought by Meridian Public Works Department, is that -- am I not right? Nary: Madam Mayor, Members of the Council, Council Member Bird, I think that was the intent is that ideally we have an agreement that we have drafted with Mr. Pecchenino that should resolve all of these issues. If that agreement -- we could finalize and everybody is agreeable, then, we would bring that agreement back in two weeks with the annexation ordinance. If we can't reach an agreement, then, the recommendation would, then, be to do an application for a variance and the application would be the city's, since we have been the party to this point, but I think as Mr. Friedman said, we would need an affidavit of interest from Mr. Pecchenino, which, obviously, he would likely be interested in. Bird: Yeah. I didn't think he would have to do it, that's what I was asking, Bill. Nary: Right. Bird: Thank you. Meridian City Council February 1, 2011 Page 17 of 28 De Weerd: Thank you for that clarification. Anything further? Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. And if you want an explanation of what just happened you can ask staff. B. Public Hearing: AZ 10-005 Ada County Highway District (ACRD) Ten Mile Annexation by City of Meridian Public Works Department Located Southwest Corner of W. Ustick Road and N. Ten Mile Road Request: Annexation and Zoning of 1.50 Acres of Land From R1 (Ada County) to R-4 (Medium Low- Density Residential) Zoning District De Weerd: Okay. Item 9-B is a public hearing on AZ 10-005. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Again, this is a recommendation from Planning and Zoning Commission from their January 2nd, 2011, hearing as Mr. Stewart eloquently explained to you it's another annexation request to run purple pipe down to the interchange and service that corridor. In this particular annexation request there are three properties -- three parcels all owned by ACHD and given the fact that this property has multiple nonconforming uses or non-conformings on the site, staff is recommending a development agreement with this particular annexation request. Would point out that this property will only be facilitated with water. City engineer has waived the requirements for sewer primarily due to ACHD at some future point with that widening of that intersection they anticipate possibly selling the property off. They could see a potential future -- future commercial use on the site, so they are requesting that the Public Works Department run a commercial water service line to the residence and hold off on sewer until it redevelops in the future. Items of discussion at the hearing were, indeed, the nonconformities and so with that DA -- with the recommendation of a DA this is what we are currently recommending before you in Planning and Zoning and also recommend no changes to these DA provisions. So, DA provision number one deals with addressing future access. Two has to deal with -- one thing I failed to mention was the fact that the site is currently operating with a construction business on the site and so we put a DA provision in here that if the property is either sold, redeveloped, or abandoned it could never be reestablished unless through the proper process. Because sanitation sewer is not being extended at this time we have a provision in there that whoever purchases the property in the future will be responsible for installing sewer and constructing sewer to the site. And, of course, the other nonconformity on the site has to deal some structures that are in the Meridian City Council February 1, 2011 Page 18 of 28 setbacks. If we were to zone this R-4 this evening some of those existing structures would be within the required setback of the R-4 zoning district, so we pointed that out and let folks know that we recognize that and that they need to go away at some point. And the other issue has to do with lot dimensions and that's really what will happen is we will process a property boundary adjustment. One of the small parcels is really a small sliver and so it doesn't meet the dimensional standards of the R-4 zoning district and so the purpose of this DA provision is to clean up that and create two lots that could be compliant with the R-4 standards. We realize we can't do anything about the nonconformity as far as the building setbacks, but as far as the lot -- dimensional standards for the lot size we could do something with that with the PBA and so that's what we have recommended in the DA provisions. Speaking in favor at the hearing was the City of Meridian Public Works Department again. Warren. Staff did not receive any additional testimony on this, nor was any written testimony received. To staffs knowledge the only nonconforming issue -- or the only issues before you this evening is really does the city want to annex the property with the abundance of non-conformings on the site and that concludes my presentation and with that I would be happy to answer any questions you have. De Weerd: Thank you, Bill. Any questions from Council? Warren, do you have anything you would like to add? Stewart: As you are aware, this is very similar to the one that we just did in that there is existing residential wells on the property, which are within a hundred feet of our proposed line, so we are asking the -- to annex this property, to hook it up to the water right now and part of the agreements there -- part of the discussions that we have had with ACHD is that we would provide commercial water service. Because the sewer service could be extended to this property without tearing up the street in the future, it is essentially -- they have asked that we waive that provision to extend the sewer. I have suggested that we would be -- as far as the city engineer is concerned that I would be willing to do that; because we would like to know how it's going to develop before we actually extend that service there and determine how that's going to be done. I think it's going to be a positive thing for that corner in that we will clean up some of the property issues associated with this little parcel, instead of having these three parcels and one of them being a very small little sliver, we will actually make something useful out of that and with that I would stand for any questions that you may have. De Weerd: Thank you. Council, any questions? Bird: I have one, Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: It seems inconsistent that we would annex and annex it as an R-4 and, then, turn around and provide a commercial water service to it. If, in fact, that's our intent, we Meridian City Council February 1, 2011 Page 19 of 28 probably should be looking at some other kind of a zoning or just provide a residential water service at this point in time. Stewart: Madam Mayor, Members of the Council, Councilman Rountree, certainly we could provide a residential water service to both the sites. ACHD has expressed the desire that they -- they think that this property will eventually be commercial, that it would be advantageous. We also know that Ten Mile -- one of the reasons for that is that Ten Mile Road right now is soon to be rebuilt and especially that intersection is soon to be rebuilt and whatever services that we provide right now we would like them to be what will be there in the long term. We don't know how that's going to develop. With the sewer service we have a little more flexibility in that the sewer service can be extended in a future date without tearing up the new road. So, we have -- you know, basically, in order to get ACHD's cooperation we have talked to them and entertained the idea of providing a commercial water service. Basically, what that means is we will extend an eight inch main outside the property -- or to the property line, then, put in residential meters, I believe, at this time, but that we will have the ability to, essentially, provide commercial services in the future. I don't know if that answers your question, but -- Rountree: It did. Thank you. De Weerd: Thank you. I don't see -- is ACHD here to comment? I didn't think I saw them. Council, any questions? This is a public hearing. Is there anyone who would like to offer testimony on this? Council? Bird: I have none. De Weerd: Any further comment from staff? Friedman: Madam Mayor, Council Members, specifically to address Council Member Rountree's question, the Comprehensive Plan designates the property residential at this time. and the surrounding zoning is all R-4, that's the genesis of our recommendation for the zoning. So, I'm not sure -- we can certainly address your concern about the commercial. One thought Bill and I were just discussing is the Comprehensive Plan does contain a provision that at the Council's discretion on parcels less than three acres located on arterials you can designate it for office and office use only. So, if that would increase your comfort level about those commercial water hook-ups that may be a possibility worth examining in terms of what we bring to the property in terms of its comp plan designation and it's zoning. Again, residential is nonconforming use in an office zone, but we have enough nonconformities there right now that -- so, I don't know if that addresses Council Member Rountree's concern. Rountree: You know, Pete, thank you. I'm not necessarily concerned, it was just a question that if we are -- we are zoning it residential, yet we are accommodating commercial, why didn't we just zone it commercial and be done with it, because we are going to see it again. Meridian City Council February 1, 2011 Page 20 of 28 Friedman: Council Member Rountree, Madam Mayor, Council Members, I -- that's a good point. The one thought I have, though, is since ACHD will not be the developer of this, we really don't know what we are going to see when that property -- so, this gives the Council an opportunity to have another review of what the commercial development on that corner would look like if they do come in for a rezone. Rountree: That's true. Thank you. De Weerd: Okay. If there is nothing further from Council, I would entertain a motion to close this public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on AZ 10-005. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on 9-B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 10-005 as stated by staff and applicant. Hoaglun: Second. De Weerd: I have a motion and a second to approve 9-B. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Public Hearing: MDA 10-011 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 1/4 Mile West of Ten Mile Road, North of W. Franklin Road Request: Modification to the Development Agreement to Reflect a New Meridian City Council February 1, 2011 Page 21 of 28 Development Plan and Increase in the Number of Residential Units Within the Development D. Public Hearing: CUP 10-014 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 1/4 Mile West of Ten Mile Road, North of W. Franklin Road Request: Conditional Use Permit for aMulti-Family Development Consisting of 369 Units on 24.61 Acres in an R-15 Zoning District De Weerd: Item 9-C and D are public hearings on MDA 10-011 and CUP 20-014. I will open these two public hearings with staff comments. Wafters: Thank you, Madam Mayor, Members of the Council. The first application before you is a Conditional Use Permit request for amulti-family development in an R- 15zoning district. Another application, a development agreement modification, to nullify the existing development agreement and approve a new development agreement based on the new development plans as proposed. The site consists of 24.61 acres, is currently zoned R-15, and is located north of West Franklin Road, approximately a quarter mile west of North Ten Mile Road. A little history on this property. It was annexed in 2005 with a development agreement and platted with one large multi-family lot, the subject property, and one commercial office building lot to the south. A Conditional Use Permit planned development was approved for a multi-family development consisting of four-plex structures with 280 dwelling units. A time extension was later approved that included a new design concept with row houses and condominiums. A subsequent conditional use permit modification changed the development plan back to four-plex structures, with the addition of 12-plex and 16-plex structures. Infrastructure consisting of sewer, water, utilities, storm drainage, gravel road base, and some concrete work exists on the site. The current Conditional Use Permit request is for approval of amulti-family development consisting of 25 two and three story structures, with 92 one bedroom units, 185 two bedroom units and 92 three bedroom units, for a total 369 dwelling units on 24.61 acres of land at a density of 14.99 dwelling units per acre. A total of 5.62 acres or 22 percent of the site of open space is proposed, along with the following amenities: A 2,931 square foot clubhouse. A 1,404 square foot fitness center. A pool. Spa. Tennis court. Picnic area. Playground. Community garden. And pathways. Surface parking covered and uncovered and eight parking garages are proposed in accord with Unified Development Code standards. This property is proposed to develop in three phases, with the first phase including construction of the clubhouse and associated amenities central to the development, along with the remaining portion of North Umbria Hills Avenue. The site plan depicts a stub street, West Perugia Street, to the Kennedy Lateral at the west property boundary for future extension in compliance with the Ten Mile interchange specific area plan, which designates a collector street through this site. A road trust exists with ACHD for half the cost of construction of a bridge across the Kennedy Lateral as required by the development agreement. There are two different elevations proposed for each building type, with variations in architecture, roof design, color, and construction materials for variety. Construction materials consist of a variety of siding materials, including board Meridian City Council February 1, 2011 Page 22 of 28 and batten, lap cement board, and shake siding with stone veneer accents and composition asphalt shingles. Each elevation incorporates three different types of materials for variety. A total of three different color combinations are proposed for the structures. Design review approval has been granted by staff for the proposed structures and site design. And I will just run through these elevations. This is building type one, the two story 12-plex structures, two different variations. Building type two is three story, 18-plex, two different variations. Building type three is a two story 16-plex, two variations. And building type four is three story, 24-plex, two different variations. Building type five and six are duplexes with garages underneath. Two story structures. This is the clubhouse. Fitness center. And, then, that's just a copy of the proposed landscape plan for the project. A develop agreement modification is requested to nullify the existing development agreement and approve a new development agreement based on the new development as proposed. The Commission recommended approval of the Conditional Use Permit at their January 6th public hearing. Becky McKay and Graye Wolfe testified in favor of the application. No one testified in opposition or commented on the application. Written testimony was received from Steve Moore from the Ten Mile Christian Church. He was generally in agreement with the proposal, he just had a concern that the other half of Umbria Hills be constructed with the first phase of development. Key issues of discussion by the Commission. Commendation of the new site design and building elevations. They thought the applicant did a good job with the proposed plan for this development. They did change DA provision 1.1 B. They moved to strike that provision as the Council had waived the requirement to the the Kennedy Lateral with the final plat for Umbria Subdivision. Written testimony since the Commission hearing. Becky McKay submitted testimony in agreement with the staff report and there are no outstanding issues for City Council. Staff is recommending approval on the development modification application with the provisions in the staff report. Staff will stand for any questions the Council may have at this time. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Sonya, the -- in the packet there is a letter from the church talking about paving the other half of the road. I'm assuming that would be part of the -- their development in phase one? Wafters: Madam Mayor, Members of the Council, Councilman Hoaglun, yes that will be part of the first phase. Hoaglun: Okay. Thank you. Meridian City Council February 1, 2011 Page 23 of 28 De Weerd: Okay. Anything further? Would the representative like to come forward. Hi, Becky. McKay: Good evening, Madam Mayor, Members of the Council. Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. I'm representing the applicant on this particular project. This is an unusual project that -- it's gone through a pretty lengthy evolutionary process. Initially when this was approved in 2005 it predated the Ten Mile area specific plan, predated the Unified Development Code. I know that -- my understanding was the Council struggled with it, because it was designed with 70 four- plex units, which had one elevation. De Weerd: They are ugly. McKay: I agree with you. And it ended up getting through the process. They went ahead back in 2006 and went into engineering design, final plat, and about a million dollars worth of infrastructure was installed on this particular piece of property. The sewer, the water, gravity irrigation, most of the pressurized irrigation, a small portion of the concrete and, then, the base. A time extension came back before this body in 2008 -- oh, I skipped a spot. The initial developer basically allowed the project to go into foreclosure and it was going back to Banner Bank. Mr. Wolfe stepped in, he was the original owner of the property, and, basically, took that position. Then a -- he had a different developer come to him who had a new idea of doing row houses, some townhomes, condominiums, had a mixture of Cape Cod, Mediterranean, and Prairie style multi-family dwellings. The Council went ahead and said we will approve that time extension and we are going to attach these elevations with it. That particular developer determined that the project at that time was not economically feasible and so he ended up walking away and it went back to Mr. Wolfe. He came to us and we looked at it, consulted with the architect came up with a new idea to mix in some apartment buildings into that particular site plan. Obviously, we have the existing infrastructure that limited what we could do and we came up with what we thought was a better mix of multi-family units. We did get the approval from the Planning and Zoning Commission for that conditional use modification and, then, Mr. Wolfe proceeded to kind of step back and consult with experts in multi-family marketing development in the state and out of state. We took about 12 to 15 months to analyze this project and it was determined that based on the four-plex component and the density around just a little over 11 dwelling units per acre. This project would not be viable. There is no four-plex market. It -- you know, it was a hot market, a lot of them were 1031'd into and we are seeing a lot of them being dumped on the market, foreclosed upon, and that's just I'm told is a dead product at this time. So, in our analysis we came to the conclusion, based on these experts that if we were going to have any type of a viable multi-family project we had to have about 15 dwelling units per acre. Now, the property is zoned R-15. However, the development agreement as far as the density that was approved was limited to the 11.35 dwelling units per acre. So, in this new plan we came up with what we felt was -- was areally good mixture. We have two story 12-plexes, three story 18-plexes, two story 16-plexes, three story 24-plexes and we have the two story duplex units which have an underside garage. Each of these buildings we had provided two elevations. Meridian City Council February 1, 2011 Page 24 of 28 We worked closely with Pete and Sonya trying to make sure that this came as close to the Ten Mile specific plan as we could get it based on the limitations of the existing infrastructure. They were supportive of our efforts and I'd like to thank them, because they were very instrumental in making this come together. We also worked with Public Works, had lengthy discussions with your -- the inspector out there. That infrastructure has never been finaled out. The contractor who installed it at the time is no longer in business and so we did go out, we did an extensive as built survey to determine what was existing in the field, analyzed the plans and identified what needs to be done out there to complete this project. Public Works has worked well with us and -- and I think they will be glad to see this finally take off. As far as the amenities are concerned, we retained the same amenities as initially proposed, the clubhouse, it's about 2,900 square feet. There was a swimming pool proposed. We added a spa. There was a tennis court. A playground. We added a picnic area. We also had a fitness center. And, then, we added a community garden. Above the clubhouse there will be one dwelling unit for like a manager, so they will have someone on site at all times. Mr. Wolfe has teamed up with a group of professional multi-family developers, they have been excellent to work with on our part and we are convinced that this is a viable project. It is their intent to build this first phase, which will include a mixture of these different buildings, plus the amenities as proposed in our community center. It is their hope to -- as soon as the weather improves will go out there and complete that infrastructure that's there. It will require that we provide some civil drawings to your Public Works Department, obviously, identifying which of those services we will be abandoning and which one we will be keeping. We will have to do some new taps. So, we will have approved plans that will govern that. You have gone from like 70 buildings as originally proposed. We have 25 multi-family buildings and we have nine parking garages. So, the open -- overall open space is very extensive. I think we have about 13.69 acres of open space in this 24, 25 acre site. We meet all of the parking requirements. We accomplished that by providing a park plan and doing analysis that took us multiple weeks where we were taking the number of units in each building and, then, identifying pockets of parking within close proximity. One of the things that we had to add in order to boost our number of units was additional parking, so we created some intermittent parking areas that have like an enclosed garage on one side, open parking on the other, and that gave us the additional parking that was necessary to boost these units to where they are. We -- I did consult with the Ten Mile Christian Church all through this process. In speaking with the pastor he's excited about this project. He said he is supportive of the increase in density. He said they have a lot of facilities that these people can utilize, such as day care, they have like an elementary program, they have youth services. He said I believe this will be complimentary to the church and we are excited about it. I also consulted with the developers to the north, I think it's a project called Chesterfield Subdivision, it's single family, just north of the railroad tracks. They were supportive of the project. They said, obviously, any activity in this area will be welcomed, because activity tends to breed more activity. Through this redesign process we did work with Ada County Highway District. A traffic study was approved on this project. They determined even though we were increasing the number of units, because Ten Mile and Franklin Road intersection is being completely rebuilt, the interchange will be on line sometime this summer, that there was no need to do any Meridian City Council February 1, 2011 Page 25 of 28 type of new analysis or addendum, because it was determined it had already been studied. Turn lanes have been determined and the increase traffic would be negligible. We feel that there is a real need for this in Meridian. The Selway project, for example, I think they said that they are like 96 percent -- they have a 96 percent occupancy. It's been very successful. There was an article the other day in the Idaho Construction magazine that basically said a lot of these apartments are running between 90 and 98 percent occupancy rates and that the need for multi-family in the Treasure Valley is increasing. So, we feel that we can -- we can, obviously, meet this need. As far as the Ten Mile specific plan, it has this area designated to medium high density residential, anywhere from eight to 15 dwelling units per acre, so we fall within that range. I think the close proximity to the interstate is going to be a definite plus. People can leave this complex, jump right onto the interstate, go anywhere in the valley. They can go west over to the satellite -- the community campus -- college campus and the other BSU satellite campuses and we feel that this is going to be a good addition to this Ten Mile area. One thing I did want to note to the Council, we do have drawings -- architectural drawings. Mark Sanders did a wonderful job on our elevations. When we go from these -- these drawings -- or building drawings that were submitted, we are going to roll into actual construction drawings and he indicated that some of the buildings may lengthen ten feet or less, because there is always a little bit of deviation from what we call like a conceptual to actual building construction drawings. I wanted to mention that to the Council. I have already spoken with Sonya about it. She said, you know, she's not concerned, you know, we will report back any modifications that we make to her and we have so much open space that it's not like we are going to drop below what the requirement is under the UDC. We meet all the requirements of the UDC and we feel that -- that, obviously, this is superior to any of the other plans out there and this is an economically viable project and we can get out there and complete that infrastructure that's been deteriorating for years and missing manholes and all kinds of other issues that came to light. Does the Council have any questions that I could answer? De Weerd: Becky, I guess what is -- what is happening on Franklin between this project and the Ten Mile and Franklin intersection? McKay: As far as improvement? De Weerd: Putting an extra lane, a turn lane, what -- what in terms -- this is a lot of traffic and I don't recall what you said was the first phase impact, but that section of Franklin is not on the plan. I think -- Pete, is that an unfunded section at this point on the five year plan? Friedman: Madam Mayor, Members of the Council, I apologize, I can't answer that. That's Caleb's province and I don't have the in-depth knowledge of ACHD's work program that he does. I can certainly find out and get back to you. De Weerd: Do you know, Becky? Meridian City Council February 1, 2011 Page 26 of 28 McKay: Madam Mayor, Members of the Council, we -- we received a staff report from Ada County Highway District. The plan is to built turn lanes to facilitate the additional traffic in this project. Now, I think some improvements were installed by the Ten Mile church and, then, some of the improvements, obviously, left -- remain unfinished, because they were the responsibility of this project. The turn lanes are the responsibility of this project to go in an finish paving the other half of that roadway is the responsibility of this project. Currently Mr. Wolfe has a letter of credit on the file with Ada County Highway District to assure that these improvements will be installed. So, ACHD has looked at this and said based on the traffic generation this is what you need to do to accommodate it. So, we will be widening that section of Franklin with those turn lanes. As far as being in their five year plan, I'd have to check the ACRD report and see what they stated in my site specific. I don't recall that it was. De Weerd: Yeah. I think there is some contingency for it. Rountree: I don't think it's there. De Weerd: Yeah. Okay. Council, questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Becky, on the transportation line, I know your preliminary plat shows the -- currently would be a cul-de-sac, but it has what's apparently going to be an extension that will cross the lateral and continue onto the west. I just want to verify that that's correct and suggest for the DA -- as you develop the DA that that cul-de-sac and that access point be delineated in the field with a sign so that folks know that in the future there is going to be collector to the west off of that access point, so we don't get any confusion about what may or may not be occurring there. McKay: Councilman Rountree, that's a good idea. Yes, that is already dedicated, because it was done with the plat predating our involvement. There is supposed to be a connection there. There is also a trust fund with Ada County Highway District -- Rountree: The bridge. McKay: -- for a proportionate share of that bridge. So, yes, signing that would be acceptable. Rountree: Okay. Thank you. Hoaglun: Anything further, Becky? Meridian City Council February 1, 2011 Page 27 of 28 McKay: No. Unless you have any other comments or concerns that I could address. Hoaglun: Okay. Thank you. This is a public hearing. Is there someone else who wishes to testify this evening on this issue? Okay. With that, Council, any further questions of staff? Rountree: I have none. Bird: I have none. Mr. President, hearing no more testimony or information needed, move that we close public hearings MDA 10-011 and CUP 10-014. Rountree: Second. Hoaglun: It's been moved and seconded to close the public hearing on MDA 10-011 and CUP 10-014. That's roll call; right? No. All those in favor say aye. No opposed? Passed. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Council? Bird: Mr. Vice-President? Hoaglun: Mr. Bird. Bird: I move that we approve MDA 10-011 with staff and applicant testimony. Rountree: Second. Hoaglun: There is a motion to approve MDA 10-011. Madam Clerk, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. President? Hoaglun: Mr. Bird. Bird: I move we approve CUP 10-014 with staff and applicant testimony. Rountree: Second. Hoaglun: Motion is to approve CUP 10-014. Madam Clerk, will you, please, call the roll. Meridian City Council February 1, 2011 Page 28 of 28 Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: That brings us to the end of our agenda for this evening. Rountree: Hopefully the third time is a charm. Bird: Yeah. Make it go, Beck. Madam Mayor? De Weerd: Mr. Bird. Bird: I move we adjourn. Rountree: Second. De Weerd: All those in favor. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:20 P.M. 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