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HomeMy WebLinkAbout2011-10-18E IDIAN~~ ;. ,R CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 18, 2011 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (Pg. 2) A. Approve Minutes of August 23, 2011 City Council Special Meeting B. Approve Minutes of October 4, 2011 City Council PreCouncil Meeting C. Approve Minutes of October 4, 2011 City Council Regular Meeting D. Approve Minutes of October 11, 2011 City Council Workshop Meeting E. Approval of New Liquor License Application for Wood-Wood Inc. dba Beef O'Bradys Located at 1505 S. Eagle Rd., #190 F. Final Order for Approval: TEC 11-006 Shops at Victory by DMG - Eagle & Victory, LLC Located at 3210 S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat and Conditional Use Permit for the Shops at Victory Meridian City Council Meeting Agenda -Tuesday, October 18, 2011 Page 1 of 4 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. Final Order for Approval: FP 11-008 Spurwing Grove No. 2 by SWG Brighton, LLC Located at Northwest Corner of N. Jayker Way and W. Magic Spruce Drive Request: Final Plat Approval for 10 Residential Building Lots and 2 Common Lots on 3.03 Acres in an R-8 Zoning District H. Task Order 10029 for Pine Trunk Sewer Connector (Design) to JUB Engineers for the Not-To-Exceed Amount of $68,235.00 I. Order for Floodplain Variance Request of Building Addition at 975 E. Pine Street by Ada County Operations Department J. Memorandum of Agreement for Rental of Rocky Mountain High School Auditorium for aNot-to-Exceed Amount of $825.00 K. Professional Services Agreement with Jeanette Light for Instructor Services L. Resolution No. 11-811: A Resolution of the City of Meridian Providing for an Update of the Grievance Procedure for the City of Meridian in Connection with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act M. Amended onto the Agenda: Release and Settlement Agreement with TMC, Inc. N. Amended onto the Agenda: Memorandum of Understanding Between TMC, Inc. and the City of Meridian 6. Community Items/Presentations A. Swearing In Of New Police Officers (Pg. 4-5) B. Success Breeds Success for Idaho Green Works Expo 2012 (Pg. 5-9) 7. Items Moved From Consent Agenda 8. Action Items A. FP 11-009 Zebulon Heights Subdivision No.4 by Tuscany Development Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval of 12 Single- Family Residential Building Lots and Two (2) Common Area Lots on 7.22 Acres Approved (Pg. 9-13) Meridian City Council Meeting Agenda -Tuesday, October 18, 2011 Page 2 of 4 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. B. Public Hearing: TEC 11-008 Woodland Springs by Woodland Springs, LLC Generally Located on the Northeast Corner of N. Locust Grove Road and E. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision to Obtain the City Engineer's Signature on the Phase 2 Final Plat Approved (Pg. 13-15) C. Public Hearing: RZ 11-003 Kingsbridge by BHH Kingsbridge, LLC Generally Located East Side of S. Eagle Road; Midway Between E. Victory Road and E. Amity Road Request: Rezone of 38.31 Acres of Land from the R-2 Zoning. District to the R-4 Zoning District Continued to November 1, 2011 (Pg. 15) D. Public Hearing: PFP 11-002 VanAuken Subdivision by Mason & Stanfield Inc. Located at 34 E. Fairview Avenue Request: Combined Preliminary/Final Plat Approval Consisting of Two (2) Building Lots on 5.20 Acres of Land in a C-C Zoning District Approved (Pg.15-17) E. Public Hearing Continued from October 4, 2011: TEC 11-007 Bellingham Park Subdivision by Northside Management Located Approximately 1/4 Mile East of S. Locust Grove Road and 1/4 Mile North of W. Amity Road Request: Two (2) Year Time Extension on the Preliminary Plat Approved (Pg. 17-19) F. Public Hearing: CPAM 11-002 Millennium Retail Center by Jeffrey,.Hall Located Generally at the Southwest Corner of W. Overland Road and S. Millennium Way at 2045 E. Overland Road: Request to Amend the Comprehensive Plan Future Land Use Map Designation on 2.54 Acres of Land from High Density Residential (HDR) to Commercial Continued to November 15, 2011 (Pg. 19-31) G. Public Hearing: CPAM 11-001 Southridge Apartments by The Farran Group, LLC Located South Side of W: Overland Road Midway Between S. Ten Mile Road and S. Linder Road Request: Amend the Comprehensive Plan Future Land Use Map Designation on 26.38 Acres of Land from Medium Density Residential (MDR) to Medium High Density Residential (MHDR) Approved (Pg.31-40) H. Public Hearing: RZ 11-002 Southridge Apartments by The Farran Group, LLC Generally Located South Side of W. Meridian City Council Meeting Agenda -Tuesday, October 18, 2011 Page 3 of 4 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. Overland Road Midway Between S. Ten Mile Road and S. Linder Road Request: Rezone of 42.36 Acres of Land from the TN-R and R-8 Zoning Districts to the R-15 Zoning Districts Approved (Pg. 31-40) 9. Future Meeting Topics Adjourned at 8:49 PM Meridian City. Council Meeting Agenda -Tuesday, October 18, 2011 Page 4 of 4 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 Workshop October 18, 2011 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, October 18, 2011, by President David Zaremba. Members Present: Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Sonya Watters, Kyle Radek, Jeff Lavey, John Overton, Chris Amenn, Mollie Mangerich, Steve Siddoway, Robert Simison, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Zaremba: Good evening, everybody, and welcome to this regular meeting of the Meridian City Council. It is Tuesday, October 18th, 2011. It is 7:00 o'clock. We are very happy to have you all here. First order of business will be roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance Zaremba: Next we will have the Pledge of Allegiance. If you will all, please, join me. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center Zaremba: Thank you. Next order of business is the community invocation by Pastor Gordon Slyter with Treasure Valley Worship Center. Here he is coming. Good. Thank you. Would invite you all to partake in the invocation or take this as an opportunity for a silent reflection on your own. Thank you. Slyter: Father in Heaven, we come before you tonight. Again, Lord, we thank you for this community and city where we live. We thank you, Lord, for the leadership that we enjoy. Thank you for the protection provided by our police force, our firemen, our first responders. We pray, Lord, tonight for your wisdom, that you would guide each one that speaks, every decision that is made. Lord; would you lead to peace, civility, and understanding and we thank you for these things in advance, giving you praise, through Christ, our lord, we pray, amen. Meridian City Council October 18, 2011 Page 2 of 40 Item 4: Adoption of the Agenda Zaremba: Thank you. Item No. 4 is the adoption of the agenda. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: A couple things on tonight's agenda we need to make note of. Under the Consent Agenda, Item 5, 5-L is resolution number 11-811. We have two items we need to add to the Consent Agenda, 5-M, which is a release and settlement agreement with TMC, Inc., and 5-N is a Memorandum of Understanding between TMC, Inc., and the City of Meridian. Also under Item 8, Action Items, 8-C, we have a request to continue this item to November 1st. And with that, Mr. President, I move approval of the agenda -- the adoption of the agenda as amended. Rountree: Second. Zaremba: We have a motion and a second. All in favor say aye. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of August 23, 2011 City Council Special Meeting B. Approve Minutes of October 4, 2011 City Council PreCouncil Meeting C. Approve Minutes of October 4, 2011 City Council Regular Meeting D. Approve Minutes of October 11, 2011 City Council Workshop Meeting Approval of New Liquor License Application for Wood-Wood Inc. dba Beef O'Bradys Located at 1505 S. Eagle Rd., #190 F. Final Order for Approval: TEC 11-006 Shops at Victory by DMG - Eagle & Victory, LLC Located at 3210 S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat and Conditional Use Permit for the Shops at Victory G. Final Order for Approval: FP 11-008 Spurwing Grove IVo. 2 by Meridian City Council October 18, 2011 Page 3 of 40 SING Erighton, LLC Located at Northwest Corner of N. Jayker way and W. Magic Spruce Drive Request: Final Plat Approval for 10 Residential Euilding Lots and 2 Common Lots on 3.03 Acres in an R-8 Zoning District H. Task Order 10029 for Pine Trunk Sewer Connector (Design) to JUG Engineers for the Not-To-Exceed Amount of X68,235.00 I. Order for Floodplain Variance Request of building Addition at 975 E. Pine Street by Ada County Operations Department J. Memorandum of Agreement for Rental of Rocky Mountain High School Auditorium for aNot-to-Exceed Amount of $825.00. K. Professional Services Agreement with Jeanette Light for Instructor Services L. Resolution No. 11-811: A Resolution of the City of Meridian Providing for an Update of the Grievance Procedure for the City of Meridian in Connection with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act M. Amended onto the Agenda: Release and Settlement Agreement with TMC, Inc. N. Amended onto the Agenda: Memorandum of Understanding between TMC, Inc. and the City of Meridian Zaremba: Item 5, the Consent Agenda. Hoaglun: Mr. President, as noted on the Consent Agenda, we have 5-L, resolution number 11-811 and also we are adding onto the Consent Agenda, 5-M, Release and Settlement Agreement with TMC, Inc., and 5-N, Memorandum of Understanding between TMC, Inc., and the City of Meridian. With those three changes I move approval of the Consent Agenda and the Mayor to sign -- or Council President in this case and Clerk to attest. Rountree: Second. Zaremba: We have a motion and a second. Madam Clerk, would you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All affirmative. Motion carries. Meridian City Council October 18, 2011 Page 4 of 40 MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Swearing In ®f New Police ®fficers Zaremba: We are already to Item 6, Community Presentations, and our first item, 6-A, very pleased to have swearing in of new police officers. Chief Lavey, please. Lavey: Mr. President, Council, it's always a great opportunity to come here in front of you and introduce new police officers. First I want to extend congratulations from Mayor de Weerd to our new officers. She couldn't be here this evening. She wishes she could and she felt real bad about it and wanted me to pass that along, so I told her I would. I'd like to have Officer Heidi Lott, Justin Dance, and Kirk York come up here and if they could stand right over here in front these -- these people. And, then, if I could have Officer Kevin Wilson come up as well. And, then, I'll explain what we are going to do here. On October 4th we had four officers -- actually, we had three officers that actually started their careers with the Meridian Police Department. All three of these officers were lateral transfers from other agencies in the state. We also have three more conditional officers out that we are processing and they should be done with that this week with any luck and I will be in front of you again next month introducing the final three. I currently have no positions open in the department -- and I have probably just jinxed myself, because it will probably only last for a couple of days, but we will appreciate it as long as we can. We haven't been full staff for an awful long time. Kirk York, far left over here. Kirk, raise your hand. Actually came to us from the Boise city police department. He was assigned out at the airport. He decided he wanted to come to the Meridian community and work out here after several years of a K-9 handler out at the airport. So, Kirk has started his career with us here on October 4th. Heidi Lott actually comes to us from the American Falls police department. She decided to come from eastern Idaho to the southwestern part of the state. Justin Dance has actually came from that area as well. He came from Bingham county. And, then, Kevin Wilson actually has been with the Meridian Police Department for several years, but I'd like to point out, too, that Kevin came from the Idaho State Police. And, then, Kevin this evening is actually receiving a promotion from officer to corporal and, then, starting on October 21st he will be assigned to the patrol division here at the police department. So, with that being said I'd like to have all four officers raise your right hand. I -- state your name. Do solemnly swear or affirm that I will support the Constitution of the United States and the Constitutional laws of the state of Idaho and the laws and ordinances of the City of Meridian. That I will abide by the Law Enforcement Code of Ethics and the policies and procedures of the Meridian Police Department. That I will obey lawful orders and directives of those appointed over me and that I will to the best of my ability faithfully discharge all the duties of police officer in and for the City of Meridian, Idaho, so help me God. Congratulations. Go ahead and have family members come forward. We actually have -- each one of the officers have chosen a family member to pin the badge on the officer. After we pin the badge on, any family member that has a camera Meridian City Council October 18, 2011 Page 5 of 40 that wants to take pictures or, Frank, if you want to take pictures as well, come forward. Go ahead and pin the badges. There was no screaming, so we must have been successful. Mr. President and Council, I would like to introduce to you the three new officers and the newly promoted corporal to the Meridian Police Department. Did any family have pictures -- that want to get pictures? Zaremba: While they are deciding whether they want pictures or not, I would like to welcome you all to Meridian and congratulations on joining us or being promoted. This is a community that highly values our police and they are very respected in the community. We are glad to have you here. Thank you. Hoaglun: Yeah. Chief, thank you for the ceremony and thank you for joining the city and we just echo what has been said. We value your work and we look forward to seeing you out there and -- some of the citizens won't, but we appreciate that. Bird: Thank you very much for joining our force. We enjoy having you. Lavey: Thank you, Council. ~. Success Breeds Success for Idaho Green VVor{cs Expo 2012 Zaremba: Thank you. Next item on our agenda, 6-B, Success Breeds Success for Idaho Green Works Expo 2012. Mollie. Mangerich: Hello. Good evening, Council President and Council Members. I'm pleased to introduce to you this evening the board member president and the executive director of Green Works Idaho who contacted me a few weeks ago with the wished expression to come before you tonight and tell about the expansion in their very popular statewide Green Expo to be held this coming year and to see if Meridian wants to get involved in it. Thank you. Poe: Hi. Mr. President and Council, thanks for giving us the opportunity to present tonight. I'm Bruce Poe. I'm president of Green Works Idaho that -- the organization that runs the Idaho Green Expo. I'm also a business owner in Boise. I have an architectural firm Modus Architecture and so I come from the business side of things. A few years ago -- about five years ago I was involved in some efforts around Boise with -- this building is a LEED certified building and our firm got involved in the USGVC and we are heavily involved in, you know, green design. That led me to thinking about trying to create an organization or an event that would allow the public to get more involved in these types of ideas and to educate each other about it and so along with Greg Otero, who is actually sitting back there, he is our executive director, we created a 501(c)(3), called the Idaho Green Expo and the concept was to pull organizations together that had similar ideas and thoughts under one umbrella and, then, run an expo for the public for the people -- the citizens of Idaho and we didn't call it the Boise Green Expo, because we eventually knew that we would be taking it to, hopefully, the entire state. Meridian City Council October 18, 2011 Page 6 of 40 The first year we started with nothing. It was totally ashoe -- we started from a shoe string and we were able to within nine months raise enough money -- I think it was right in the vicinity of about 175,000 dollars to -- to hire Greg as the executive director. We also pulled on a program director and also a marketing person and we held the first Green Expo over a two day period, a weekend in Boise, and we pulled in about 10,000 people over two days. Since then -- and this will be the fifth year this coming year, we have had about the same attendance each year. We have held it in the downtown location in Boise at the Boise Center on the Grove. Now, the idea behind this, again, is to bring the citizens together and we have reached a point now where we know that we can grow this and we had decided and approached the county about taking it to the county fairgrounds and so that's where the location will be this coming June. I presented it to the county commissioners and they are excited about it, and they are on board with this. The city of Boise has also been a partner with us. We approached them at the beginning and we didn't ask anything from them, we just said we just want your support and we would like you to help us get citizen involvement and that's -- and they have been involved ever since. Now that we are at the -- the fairgrounds, we are taking it to another level. We have the United States Green Building Council, Idaho chapter, involved in this. We also are approaching some local car dealerships and we have gotten very positive feedback, because there is a very large number of green electric hybrid cars coming out in the market this year and next year and the idea is that we want to -- to combine this with a green car, electric car, hybrid car, trade show at the same time and I believe that's going to work very much in our favor to grow this. So, we decided that we would come over to Meridian and throw it out there in front of you and say, look, we would like to do the same thing we did to Boise, which is invite you to the expo. We would like to be able to say Boise city, Meridian, Kuna, Eagle and Nampa, Caldwell, all support the expo. Now in what ways can you support that? And that is just by letting us put the name on and also one thing that Boise city did is they volunteered to put some of our promotional information in their utility billing. So, they would just, you know, send it out with the utility billing and so that we could spread the word. They also started eventually, as they got more involved in it, they had staff people volunteer their time over the weekend and it worked out very well for -- for everyone involved. And so what we are here to do is to give you a feel for what the expo is about and I have got some pictures and I -- there is only about 15 or 20, but it will give you a feel as I go through these as to what it's all about. We have about 140 booths typically every year and the concept is, again, to support small businesses that have a green or sustainable approach to the world and we have sold out all the booths every year. We, in fact, have created another organization called Greenworks Idaho after the initial success of the expo, we thought, well, we need to do this year around and so we created the Greenworks Idaho and we -- as we are evolving it is becoming more -- kind of like a green chamber of commerce. The small business people come to us, we try to support them, and try to help them grow their businesses. And so the green -- the Greenworks Idaho is now the entity that runs the expo. All right? So, if you hear those two terms, that's what's going on. But the first image here is just one -- this just actually happens to be Greg. Greg and his daughter. And I don't know what they are talking about, but -- here is another one where we had some kids from a local high school on the outside of Meridian City Council October 18, 2011 Page 7 of 40 the building out in the plaza and they are presenting some of the materials they have. We have representation from different organizations, such as this one. We have small businesses, the North End Organic Nursery from Boise always has a booth. And, then, as you can see we have -- and this gives you kind of panning down the -- one of the aisles, but, again, this is just one of 140 booths -- 140 small businesses people that participated and, again, thousands of people come to see it. This was outside. And, again, we have always focused on energy and trying to educate people about energy and the different types of energy that's out there that we can harness, besides just your traditional sources. We took -- we concentrate on homes and gardens and we had -- one of our sponsors was Exergy, which is wind power. And other small business people. You can see the children with their parents. And Zamzow's. Kitchen Trap was there. People on the outside having fun. Music. We have this gentleman here has been growing his business for the last three years, has been part of the festival -- or the expo each year and he's growing his business. Here is a little elderly lady that was dancing to the music. We talk about water. This is an urban garden booth. And, again, this was the entrance to the expo. We have other small businesses. Gem State Solar. The U.S. Green Building Council. Aurora. We have a gentleman from a ranch that -- that markets natural foods. So, this gives you a very small piece of what the whole thing is all about. But, again, we have taken a risk in taking it to the county, because we had a very successful event in Boise. But, again, the intention at the very beginning was not to just make it a Boise event and so this is our first presentation to another city and we hope that you will, you know, take it into consideration. And, Greg, do you have anything to add to that? Zaremba: You need to be on the microphone, please. State your name if you would also. Otero: My name is Greg Otero. I'm the executive director of Greenworks Idaho. And, yes, thank you for allowing us to have some of the time here tonight. Yeah. Bruce basically said it all and just one of the things I guess I want to add is that it does give, you know, you an opportunity to show to the public things -- any green initiative that you have been doing or maybe have planned to do in the future. For example, again, the way the city of Boise did it, they actually had a booth there and talked about some of their green initiatives and -- whether it's waste or recycling and so forth. So, it does give you an opportunity to be present there and we got people from all over the Treasure Valley. So, we just kind of wanted to open this up to more communities and that's why we are here and we just hope you will consider it and join us in any way. We could go all kinds of different ways that we could partner together if you're interested, so -- Zaremba: Great. Thank you. Council, any questions or comments? Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Meridian City Council October 18, 2011 Page 8 of 40 Hoaglun: Just a quick question. Greenworks Idaho, how is that organized? Is that a 501(c)(3)? Poe: They are both 501(c)(3). Hoaglun: Okay. Poe: They have a board of directors for business people and educators and -- a strong board and it's a real organization with real employees and we try to -- we try to -- you know, we try to educate the public in all these ideas and give people an opportunity to network and to talk and to learn. Oterio: And we have 146 I think now green business members that belong to us and that's basically our main goal is to kind of promote these small local green businesses. Hoaglun: Sort of like a green buy Idaho I guess. Otero: Yeah. Exactly. Hoaglun: Okay. Poe: Okay. Anything else? And, again, typically, when we went before Boise city, they were expecting us to come with our hands out and we didn't and we are not doing that to you either. We are just presenting the concept to you and we would love to have your involvement. It's up to you to see, you know, how far you want to take it and what you would like to do. Thank you. Zaremba: I appreciate the presentation and it's nice to see an idea about doing good doing well and -- I don't know how much discussion we need. We certainly can endorse your project, I believe. Would we need to vote on that? Hoaglun: Mr. President, when is this conference coming -- Poe: It's in June. Hoaglun: In June of next year. Okay. So, we'd have some time we can ask Mollie some questions if we need any additional information, so -- Poe: And I would like to point out that we started this when the economy was starting to go into a down turn and we have successfully run it every single year and I think that shows you the type of interest there is out there and the message that we are putting out on the street. So, thank you again. Zaremba: I think that's a good idea. If you would work together with Mollie and she will make a proposal to us and move ahead. Meridian City Council October 18, 2011 Page 9 of 40 Poe: All right. Otero: I have to give you -- when we met with Boise City Council they had plastic water bottles and I see you guys all have reusable water containers, so good job. Item 7: Items Moved From Consent Agenda Zaremba: Thank you. Okay. Item 7. There are no items moved from the Consent Agenda. Item 8: Action Items A. FP 11-009 Zebulon Heights Subdivision No.4 by Tuscany ®evelopment Located South of E. McMillan Road and West of M. Eagle Road Request: Final Plat Approval of 12 Single- Family Residential Building Lots and Two (2) Common Area Lots on 7.22 Acres Zaremba: So, we will move onto eight. Action Items. Item A is final plat 11-009, Zebulon Heights. We will start with the staff report. Watters: Thank you, Councilman Zaremba, Councilmen. Just a quick correction. On the applicant for this final plat for Zebulon Heights Subdivision No. 4, the applicant is actually Traditions by Amyx II, LLP, not Tuscany Development. The staff report was corrected, but the agenda was not updated. This site consists of 7.22 acres of land. It's currently zoned R-4 and is generally located a half mile south of East McMillan Road and a half mile west of North Eagle Road. The request is for final plat approval of the third phase of Zebulon Heights Subdivision No. 2, consisting of 12 single family residential building lots and two common area lots on 7.22 acres. The plat includes a 3.44 acre common area that serves as a central common area for Zebulon Heights Subdivision and it's proposed to accommodate a swimming pool, pond, multi-use pathway and tot lot. Written testimony was received on this application from Becky McKay, the applicant's representative, in response to the staff report. She had cited three different items that I'm going to address one by one. In regard to site specific condition number 4-B and E, the applicant requests number 4-B is revised to read: The City of Meridian is responsible for the maintenance of the pathway surface located within the multi-use pathway easement -- and just add the following text: At such time that the pathway connects from one major street to another and is greater than one half mile long. Until such time the homeowners association shall be responsible for maintenance. And that number 4-E be stricken. Staff is in agreement with the applicant's request and recommends approval of this change. In regard to site specific condition number ten, the applicant states that a pond is now proposed as a water amenity in place of the storm water retention facility originally proposed on Lot 1, Block 12. Staff recommends condition number ten regarding requirements for storm water facilities be replaced with the following: The proposed pond shall have recirculated Meridian City Council October 18, 2011 Page 10 of 40 water and be maintained such that it does not become a mosquito breeding ground in accord with UDC 11-3B-9C6. In regard to general requirement number three that requires a letter of credit or cashier surety to be submitted for all uncompleted amenities prior to signature on the final plat, the applicant requests to not be required to submit surety for the swimming pool with the restroom, locker, and changing areas. In accord with UDC 11-5C, in the event that improvements not needed to protect the public health, safety, and life, including site amenities, cannot be completed prior to signature on the final plat by the city engineer, a surety agreement may be approved. Just to note that typically amenities such as this are constructed with the first phase of development for the enjoyment of the residents. This is the third phrase of development. One hundred and seventy-five building lots were approved with the preliminary plat. Ninety- six lots have been platted and 79 building lots remain to be platted after this phase. Surety similar to this have been required in the past in accord with the Unified Development Code. Staff is recommending approval of the final plat with the aforementioned changes to the conditions of approval. Staff will stand for any questions the Council may have. Zaremba: Council, any questions? Bird: Not at this time. Zaremba: Okay. This is not a public hearing, but would the applicant like to make any comments? As usual, please, state your name and address for the record. McKay: Becky McKay with Engineering Solutions, 1029 North Rosario, Meridian. Business address. Thank you, Mr. President, Members of Council. I'm here on behalf of Todd Amyx this evening. He could not attend the meeting. He wanted me to chat about the condition of bonding for the clubhouse and pool. It's been a rarity that we have had to bond for a clubhouse and pool facility. We bond for pressurized irrigation, fencing, playground equipment, benches, multi-use pathways and, then, any essential public facilities. I know Anna's gone, but -- and this always comes when people leave. Her and I did have a conversation years ago, just in general, not on this particular project, and she said, you know, I have never required that you bond for a clubhouse, changing rooms, or a pool, because it's at the discretion of the developer as far as what these amenities consist of and I realize that would tie up a lot of money and so it has been -- I have never had a municipality require that I bond for it. I had asked staff to provide me a couple of examples. They indicated Messina Hills and Crossfield. But my records showed on Crossfield that we didn't bond for it. So, I'm not sure if that was accurate or not. Mr. Amyx is willing to bond for everything. His primary concern is tying up those dollars. These facilities -- you know, they are estimated to cost around 200,000, 110 percent of that is 220,000. He -- the whole reason we are bringing this phase on -- it's just a small phase, I think there is like 13 -- or 12 lots -- 13 with this one -- is in order to build this facility. He plans on pulling a permit this spring, as soon as the weather permits and, obviously, when we can get in there and obtain a building permit for that particular amenity lot. I guess we asked the Council to -- to kind of consider, Meridian City Council October 18, 2011 Page 11 of 40 you know, the times that we have. Mr. Amyx said, you know, I'm -- I'm in my fourth phase of this project, it was approved back in '05 and, you know, I have followed the rules through every phase and I just ask that -- that you not make me bond for that and tie those monies up. He said he would be willing to bond for a percentage of it if the Council was more comfortable with that, but he -- he just thinks that that is excessive. Do you have any questions? Other than that we are in agreement. Zaremba: Council, any questions? Comments? Bird: I have none. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Just to clarify, Becky. It's the pool and the clubhouse? McKay: Yeah. It's a pool and changing room facility. Yes, sir. Rountree: Okay. McKay: Yes, sir. That is it. Everything else will be bonded for. Rountree: And a question for you or staff. At some point in time, at the discretion of the developer, they choose not to move forward with the pool and the changing room, they're still in compliance with the amenities and open space requirements of the UDC? Watters: Councilman Rountree, Councilmen, they were required to build the swimming pool and the changing area and, actually, a restroom facility as part of their preliminary plan. So, they had shown that, therefore, it -- it is a requirement that they construct those improvements. Rountree: So, my question was was it a requirement or was it something the developer had in mind when he brought the development forward, as opposed to say a playground or some other kind of a park amenity? Watters: If I'm hearing you right, the swimming pool and the restroom facility was what the developer proposed originally. Therefore, it was shown and it is a requirement. Rountree: Okay. McKay: Mr. President, Councilman Rountree, if I could answer that, we do have over ten percent qualified open space in the project. We are just a little bit under 11. We have also amulti-use pathway that's an amenity. We have playground equipment that's being installed with this phase and we have detached walks with the eight foot Meridian City Council October 18, 2011 Page 12 of 40 landscaped strip throughout all of the local streets, with the exception of one small cul- de-sac. So, you know, we kind of went above and beyond. We have low density. My average lot size in this phase is 11,300 square feet. So, you know, these are bigger lots and I -- we have more than enough amenities, I think, based on what the requirements were at the time this project was approved. Hoaglun: Mr. President and Mr. Becky, I guess -- so, this is what he's proposed, this is what he's selling lots based on this plan, this vision -- McKay: Yes, sir. Hoaglun: -- so if the swimming pool, clubhouse, isn't built, then, he's got to answer to the residents -- McKay: Absolutely. I think his liability would be very high here, because, yes, that -- he has promised them that it will be built the spring of this coming year, no exception. Hoaglun: And, Mr. President, just -- to make sure on that other condition for the -- the pond, you're okay with it requiring for circulation and all that? McKay: Absolutely. Yes, sir. Hoaglun: All right. Thank you. Zaremba: On the pond I would ask is it still going to function for the storm water retention -- what are you doing about that otherwise, because that's still required I would assume. McKay: Mr. President, in this -- in this subdivision all of our storm drainage is subsurface seepage beds. So, the pond is solely as a water amenity and we are only allowed to take our 24 hour water right from Settlers Irrigation District, so their recommendation, due to the size of this project, that we store water and pump from a pond versus out of the lateral and so it was based on their recommendation that we incorporated. It has no storm drainage function whatsoever and it always has water in it. We have bentonited, so that it looks good and holds water. Zaremba: Okay. Thank you. McKay: Thank you. Zaremba: Further questions or comments? Anything further from Sonya? Watters: No. Zaremba: Okay. Meridian City Council October 18, 2011 Page 13 of 40 Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I would move that we subject to the change in conditions bond or surety for the pool and changes. Bird: Second. approve the final plat for Zebulon Heights No. 4, as stated by staff, with the exception of requiring a changing rooms, that that not be included in the Zaremba: We have a motion and a second. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. The motion carries. MOTION CARRIED: ALL AYES. 13. Public Hearing: TC 11-008 Woodland Springs by Woodland Springs, LLC Generally Located on the Northeast Corner of N. Locust Grove Road and E. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision to Obtain the City Engineer's Signature on the Phase 2 Final Plat Zaremba: We are onto Item 8-B. This is a public hearing. I will open the public hearing for TEC 11-008 for Woodland Springs and, again, begin with the staff report. Watters: Thank you, Councilman Zaremba, Councilmen. The next application is a time extension for the preliminary plat for Woodland Springs Subdivision. This site consists of 3.03 acres of land. It's currently zoned C-N and is located on the east side of North Locust Grove Road, north of McMillan Road. Their request is for a two year time extension on the preliminary plat for Woodland Springs Subdivision in order to obtain the city engineer's signature on the final plat for the second phase of development. The first phase final plat has been recorded. This is the second time extension requested for this project. Approval of the extension will allow the applicant to proceed with the platting process for the second and final phase of development. There is a development agreement in effect for this site that requires compliance with building elevations, a concept plan, site amenities in compliance with all City of Meridian ordinances in effect at the time of development. Since the preliminary plat was approved the city has adopted guidelines for design review of structures and general site layout. Staff recommends as a condition of approval of the subject time extension that future development comply with these guidelines and standards. Written testimony Meridian City Council October 18, 2011 Page 14 of 40 was received from Matt Morgan, the applicant's representative, in agreement with the staff report. Staff is recommending approval of the time extension to expire on September 9th, 2013. Staff will stand for any questions Council may have. Zaremba: Council, any questions? Rountree: I have none. Zaremba: Okay. This is a public hearing. Is the applicant here to -- care to make any comments? I guess that's a no. Hoaglun: He's here, but no comment. Zaremba: Yeah. Here, but no comment. Thank you. I will repeat that to get it on the record. And this is a public hearing. I don't have anybody signed up to speak, but this is your opportunity if you wish to speak in favor or against or make a comment on this one application. Seeing none, Council? Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I move that we close the public hearing on TEC 11-008. Rountree: Second. Zaremba: We have a motion and a second Motion carries. All in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I move approval of the TEC 11-008, Woodland Springs by Woodland Springs, LLC. Bird: Second. Zaremba: I have a motion and a second. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. That motion carries. Thank you very much. Meridian City Council October 18, 2011 Page 15 of 40 MOTION CARRIED: ALL AYES. C. Public Hearing: RZ 11-003 Fingsbridge by HH Kingsbridge, LLC Generally Located East Side of S. Eagle Road; Midway Between E. Victory Road and E. Amity Road Request: Rezone of 38.31 Acres of Land from the R-2 Zoning ®istrict to the R-4 Zoning ®istrict Zaremba: We will move onto Item 8-C. This is another public hearing, RZ 11-003 on Kingsbridge. And we will begin again with the staff report. Rountree: It's been requested to -- Watters: Kingsbridge is requested to continue until November 1st. Zaremba: Oh, I'm sorry. Okay. So, it is open, but it has been requested to continue and I would entertain a motion to move it to November 1st. Bird: Mr. President? Zaremba: Mr. Bird. Bird: I move we continue public hearing for RZ 11-003 -- or 003 until November 1st, 2011. Hoaglun: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. It is moved to November 1st, 2011. Thank you. MOTION CARRIED: ALL AYES. ®. Public Hearing: PFP 11-002 VanAuken Subdivision by Mason ~ Stanfield Inc. Located at 34 E. Fairview Avenue Request: Combined Preliminary/Final Plat Approval Consisting of Two (2) building Lots on 5.20 Acres of Land in a C-C Zoning ®istrict Zaremba: Item 8-D, public hearing PFP 11-002, Van Auker -- Van Auken Subdivision by Mason and Stanfield. And go ahead, Sonya. Watters: Thank you, President Zaremba, Councilmen. The next application is a preliminary/final plat for Van Auken Subdivision. The site consists of 5.2 acres of land. It's currently zoned C-C and is located at 34 East Fairview Avenue on the northeast corner of Fairview Avenue and Meridian Road. The request is for a combined Meridian City Council October 18, 2011 Page 16 of 40 preliminary and final plat consisting of two building lots on 5.2 acres. The proposed plat will subdivide one parcel into two parcels which each of the existing structures and associated parking will be located. No new access points are proposed or approved with this application. Staff recommends cross-access, ingress-egress, and cross- parking easements be provided internally between the proposed lots and externally to the Albertson's property and the property to the east as applicable. The existing parking lot and street buffer landscaping does not meet current UDC requirements. However, it's considered a nonconforming use, as it lawfully existed prior to the effective date of the UDC. As such the nonconforming use may continue as long as the use remains lawful and is not expanded or extended. In addition -- if an addition is proposed in the future to any of the existing structures, the guidelines for conformance to landscaping standards listed in UDC 11-3B-2D and the requirements listed in UDC 11-1 B4 for the extension of nonconforming uses are applicable. The Commission recommended approval of the preliminary/final plat at their September 15th public hearing. Scott Stanfield testified in favor of the application. No one opposed or commented on the application. Written testimony was received from Scott Stanfield, the applicant's representative, in agreement with the staff report. There were no issues of discussion by the Commission or changes to the staff recommendation and no written testimony has been received since the Commission hearing. And there are no outstanding issues for City Council. Staff will stand for any questions Council may have. Zaremba: Thank you. Council, any questions? Rountree: None. Bird: I have none. Zaremba: In that case, the applicant. And if you would begin by stating your name and address, please. Stanfield: Yes, Mr. President. Scott Stanfield, with Mason Stanfield Engineering and Surveying, 826 3rd Street South in Nampa. And I will make this as short as I can. Basically, pretty much straight forward request and thank you, Sonya, for all your help in this application over the weeks that we have been waiting to get to this point. But, basically, if you're aware -- I don't know if you're aware or not, but the Holly Plaza lost a long time tenant on that corner, they took advantage of the building climate and elected to build their own building elsewhere and that left the Holly Plaza, LLC, with an empty building. They have tried to lease it, but had no takers. Instead, they have had some various parties interested in purchasing it. So, he thought, well, go ahead and create the lot and throw it on the market and see if he could sell it. So, that's the simple straight forward facts and we are in agreement with the staff report and stand with any questions that you may have. Zaremba: Council, any questions? Meridian City Council October 18, 2011 Page 17 of 40 Rountree: I have none. Bird: I have none. Rountree: You answered my questions. Zaremba: Thank you. Stanfield: Thanks. Zaremba: Scott was the only one who signed up to testify. Is there anybody else? This would be your opportunity to come forward and express your opinion. Seeing nobody moving, Council? Bird: Mr. President? Zaremba: Mr. Bird. Bird: I move we close the public hearing on PFP 11-002. Rountree: Second. Zaremba: We have a motion and a second. All in favor say aye. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Mr. Bird. Bird: Mr. President, I move that we approve PFP 11-002 and to include staff and applicant comments. Rountree: Second. Zaremba: We have a motion and a second. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. Motion carries. Thank you very much. MOTION CARRIED: ALL AYES. E. Public Hearing Continued from ®ctober 4, 2011: TEC 11-007 Bellingham Par4c Subdivision by Northside Management Located Approximately 1/4 Mile East of S. Locust Grove Road and 1/4 Mile North of W. Amity Road Request: Two (2) Year Meridian City Council October 18, 2011 Page 18 of 40 Time Extension on the Preliminary Plat Zaremba: Onto 8-E. This is a public hearing continued from October 4th, TEC 11-007 for Bellingham Park Subdivision. And staff report. Watters: Thank you, President Zaremba, Councilmen. The next application before you is a time extension request on the preliminary plat for Bellingham Park Subdivision. The site consists of 11.85 acres of land. It is currently zoned R-8 and is located approximately a quarter mile east of South Locust Grove Road and a half mile north of East Amity Road. The request is for a two year time extension on the preliminary plat for Bellingham Park Subdivision in order to obtain the city engineer's signature on the final plat for the fourth and final phase of development. This is the second time extension requested for this project. Approval of the extension will allow the applicant time to update and reroute the construction documents to the appropriate agencies for approval. A planned development was approved for this subdivision that required compliance with the building elevations shown. The project meets all of the established criteria, dimensional standards, open space, pathways, et cetera, in the UDC for granting a time extension. Written testimony has been received from John Wardle, the applicant's representative, in agreement with the staff report. Staff is recommending approval of the subject time extension to expire on July 3rd, 2013. Staff will stand for any questions Council may have. Zaremba: Council, any questions? Bird: I have none. Zaremba: No questions on this one. Is the applicant here? Thank you. Please begin with your name and address. Wardle: Yes. My name is John Wardle. My address is 1627 South Orchard Drive in Boise, Idaho. I'm with Conger Management Group on behalf of the ownership LLC. We do agree with the staff report and request your approval tonight. Zaremba: Great. Any questions? Bird: I have none. Rountree: I have none. Thank you. Zaremba: Thank you. Again, this is a public hearing. I don't have anybody besides John signed up, but this is your opportunity to come forward. Seeing none, gentlemen? Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Meridian City Council October 18, 2011 Page 19 of 40 Hoaglun: I move we close the public hearing on TEC 11-007. Bird: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I move approval of the TEC 11-007, Bellingham Park Subdivision. Bird: Second. Zaremba: We have a motion and a second. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. Motion carries. MOTION CARRIED: ALL AYES. F. Public Wearing: CPAII~ 11-002 Millennium Retail Center by Jeffrey Wall Located Generally at the Southwest Corner of W. Overland Road and S. Millennium Way at 2045 E. Overland Road: Request to Amend the Comprehensive Plan Future Land Use Map ®esignation on 2.54 Acres of Land from Wigh ®ensity Residential (W®R) to Commercial Zaremba: We are onto 8-F. This is, again, a public hearing and this is CPAM 11-002 for Millennium Retail Center. Waiters: Thank you, President Zaremba, Councilmen. The next application before you is a Comprehensive Plan map amendment for Millennium Retail Center. This site consists of 2.54 acres of land. Is currently zoned L-O, Limited Office, and is located at 9977 and 2045 East Overland Road on the southwest corner of East Overland Road and South Millennium Way. A little history on this project. In 2000 the property was rezoned to L-O and platted. A Conditional Use Permit planned development was also approved that allows for retail uses to develop on the lot on the corner of Overland and Millennium. A conceptual development plan was approved with planned development that depicts a 22,237 square foot retail building on the corner lot and a 15,960 square Meridian City Council October 18, 2011 Page 20 of 40 foot office building on the lot to the west. An office for Corey Barton Homes was constructed on the western lot, but the corner lot remains vacant. The request is for an amendment to the future land use map contained in the Comprehensive Plan to change the land use designation on two parcels of land totaling 2.54 acres from high density residential to commercial. The applicant requests a subject map amendment in order to develop the property on the corner with adrive-thru restaurant and a small retail strip behind consistent with the proposed commercial land use designation. The office that exists on the western property will remain. A development plan was not submitted with this application, nor was a rezone application. If the site develops as proposed, a modification to the development plan approved with the planned development is required, along with a rezone and Conditional Use Permit for adrive-thru establishment. Because the property on the corner is already approved through the planned development to develop with retail uses, which are not typically allowed in the L-O district, the map change to commercial, along with a subsequent rezone of the site to a commercial zoning district would remedy the nonconformance of the zoning in relation to approved uses. However, a rezone to a commercial designation would also open the site up to other commercial uses and hours of operation that were not contemplated in the planned development that may not be compatible with adjacent residential uses. If the applicant wishes to develop this site with retail uses, as opposed with the planned development in accord with the concept plan, he could proceed with a certificate of zoning compliance and design review application without further approvals. Business hours of operation would be restricted per the L-O district of 8:00 a.m. to 10:00 p.m., harmonious with the adjacent residential use as required by the planned development. The Commission recommended denial at the September 15th public hearing. Jeffrey Hall testified in favor of the application. Jared Heiner and David Meisner testified in opposition. No one commented. Written testimony was received from Jim Jewett. Key issues of discussion by the Commission was the appropriateness of a commercial land use designation and subsequent commercial zoning adjacent to existing multi-family residential uses. Preference for the rezone to be submitted with the map amendment request, so that the whole package could be reviewed at the same time. Key Commission changes to the staff recommendations. The Commission voted to recommend denial of the map amendment request as presented during the hearing. No written testimony has been received since the Commission hearing on this application. There are no outstanding issues for Council. Staff will stand for any questions Council may have. Zaremba: Thank you. Council, any questions at this point? Bird: I have none. Rountree: Not right now. Zaremba: Not right now. Okay. Thank you. And would the applicant care to comment? Good evening. Please state your name and address for the record. Meridian City Council October 18, 2011 Page 21 of 40 Jewett: Mr. President, Members of the Council, my name is Jim Jewett. My address is 2440 South Eagle Road, Meridian, Idaho. We are in front of you tonight with this application, because it started with a request from Jeffrey Hall as to relocate or -- a restaurant in that vicinity and looking at this piece it had amulti -- high density multi- family designation on its comp plan, an L-O on its zone and a PD that allowed for retail uses, all conflicting themselves. So, it's hard for us to look at marketing to anybody or even being able to offer to even go to the next step of a conditional use application or rezone application without some sense of really how should this property develop outside of its original PD back in 2000 of just straight retail. So, we met with staff and decided we would go down the path of a comp plan amendment to see where the city wanted to be with this property. It sits on Overload Road on the corner of Millennium Drive, which accesses the high school and L-O, the high residential and some other businesses to our -- to our east. At the neighborhood meeting we had no objection to it. At the Planning and Zoning there was a couple members of the apartments, whether it be owners or members of HOA, that objected to the restaurant uses, because of the potential odor or smell from the restaurant that would -- would come over the multi- family apartments. We recognize a responsibility to buffer the residential uses with any type of commercial, whether it be special office, retail, or food related. But for us to bring forward an application that would have a CU with adrive-thru or a rezone, we have to have some cohesion in what the comp plan is. Right now it's high density residential with an L-O zone. So, we are looking for guidance from the Council on how they would like us to proceed. Because, clearly, high density residential in an L-O zone and a PUD for a retail just don't mix. So, I'll stand for questions as to how you would like me to proceed or any general questions about what we would like to do. Zaremba: Gentlemen, questions or comments at this point? Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Jim, we have a problem. What kind of suggestions do you have in terms of -- you indicated the need to buffer between the high density residential and whatever commercial use that might be there. Do you have a recommendation of what might not be an applicable use in that site given the things you know about what is allowable in the commercial zone? Jewett: Clearly -- bar. A restaurant that would directly butt up to the apartments would -- is not something that I would propose or I would think would be acceptable. Having a fast food establishment on the corner with a commercial strip between that and the apartments -- there can be some level of buffering between that -- those uses. So, you go from more intense to less intense as it gets right up against the -- but certainly nothing that's going to stay up past 10:00 o'clock that's adjacent. But on the corner when you have another building between those uses -- something like that should be allowed to stay open later than 10:00 p.m. and the fast food or coffee shop -- even a Meridian City Council October 18, 2011 Page 22 of 40 bank with adrive-thru -- I mean that's not even allowed on what we have right now and we think that's an appropriate -- that certainly wouldn't stay open past 6:00 or 7:00 o'clock at the latest. Certainly the whole gamut of commercial under C-C against the residential probably is not something that I would think would be acceptable, but some level between the two. Rountree: You sat with staff and -- and worked through that at this point? Jewett: Well, we worked with staff initially and, again, this is a comp plan amendment, so we simply can have the next foot hold. I think staff was making some recommendations at P&Z of how that zoning would be if a rezone -- if the commercial designation was approved there had to have been some restrictions with the rezone to allow for that buffering and we are certainly amenable to have that discussion and work it out, but that's probably the rezone and the CUP part of it. We have to figure out, first, if it's even acceptable to even have commercial. Just for another point of clarification, this PUD that was approved in 2000 encompassed the apartment site, this site, Corey Barton's office and the Fast Eddy's and the LDS church. So, there has been numerous CUs that have come in amending it down the road. Zaremba: I don't know if it helps, but in that time frame some of the current confusion would have been caused by a procedure at that time that we did an underlying zone and, then, allowed ten percent use exceptions or something, which we no longer do. We identify each zone the way it should be. But this sounds like it may be -- I thought we had found all of those, but this maybe one of the hold over's from that. Jewett: Hopefully it's the last. We all recognize the PD then versus now really doesn't fit. But it's a highly visible, highly desirable corner and the reason it's sitting there empty I think is this very reason, is that hasn't been addressed on the comp plan. So, when you have a potential buyer in town looking at potential corners for these type of uses, they overlook that corner, because they look at the comp plan first and the comp plan says high density residential. So, a lot of your commercial brokers go right on past it. Jeffrey Hall in his pursuit of trying to find a good corner for his client dug a little deeper. So, that's why we are here. Zaremba: Great. Any further questions at this point? Bird: I have none. Zaremba: All right. Thank you. We do have a couple people signed up to testify and we run similar to the way the Planning and Zoning Commission does. You have the opportunity to testify up to three minutes and, then, the applicant has the opportunity to come back and respond and, then, we will discuss. So, the people I have signed up are Jared Heiner. Heiner: I'm Jared Heiner. Meridian City Council October 18, 2011 Page 23 of 40 Zaremba: Thank you. If you would state your name and address, please. Heiner: Jared Heiner. 1333 East Doberman Street, Meridian, Idaho. I just live in Locust Grove, kind of -- I mean on the other side of Locust Grove. I actually own two of the four-plexes here in Sage Crest. One is building 38 that immediately abuts the property in question. Another one is building 11 that is close to where they are putting the Fast Eddy's. I'm concerned that the quality of life for the tenants will suffer by putting in a fast food restaurant there, not just odor, but also the high traffic volume. The only access into the property is on Millennium Way, which is already an overcrowded street that goes into the high school. In the morning's and the evening's rush hour the traffic -- traffic density is intense. On the north side of the street those retail establishments where Rudy's Bar is, the parking there is so overwhelmed it spills over and they have had to build extra parking lots. A bar or restaurant or something that goes in there that's going to have people parking in the apartments and have a high volume of traffic there is going to be very undesirable. The people that live in the apartments, many of them work the graveyard shift at the call centers that are nearby, like T-Mobile, so there is some people who are sleeping in the day. Even a high density -- or a high volume fast food restaurant that has -- packs of Harley Davidson motorcycles rumbling through there all day that really affects the quality of life for those people. You can already -- the Dutch Brothers that's across the street, you can already smell that at the back of the apartment complex. Maybe that's not too offensive for some, maybe it is for some, but to put a Taco Bell or a restaurant or a grill that has greasy smoke pumping out of it right cross the fence next to these two story four-plexes, would be very undesirable for the tenants and also for the property owners, many of who have already lost their investments. I bought my two buildings out of foreclosure from other investors that lost -- lost their investments there. So, I think if you look at the corner of Locust Grove and Overland across from the Maverick, there used to be an abandoned home there, now it's a nice, attractive, assisted living facility. There is something like that could be put on that corner that would mesh in with the other low traffic volume professional offices that line Millennium Way there and could also potentially be profitable for the developer. I agree that if I owned that land I would probably want to put a fast food place in there, but it would put a lot of pressure on the traffic going down Millennium Way to the high school and it would be very undesirable for the people who live in those apartments who deserve a better quality of life than that. So, that's why I'm hoping that you will follow the Planning Commission's recommendation. Thanks. Zaremba: Thank you. Any questions? Hoaglun: Yeah. Jared? Jared? Heiner: Oh. I'm sorry. Hoaglun: Yeah. Meridian City Council October 18, 2011 Page 24 of 40 Zaremba: Mr. Hoaglun. Hoaglun: Mr. President and Jared. I just wanted to ask you, then -- you touched on one, assisted living, but what other types of establishments, businesses, do you find that would work at that site? Heiner: So, you know, a building like the Corey Barton Home -- home office that's already on that piece of property or kind of along the west side of Millennium Way there you have got real estate professional offices, dental offices where it's kind of retail service oriented, but it's not a high volume of, you know, 30 cars going in there an hour, it's maybe four cars going in there an hour or five cars -- or the assisted living center that's on the Locust Grove and Overland that really doesn't, you know, have much traffic at all, but it is a valuable piece of property generating revenue and is full of residents. Hoaglun: And if I might follow up, Jared. A bank, a credit union, I mean that would have some drive-thru traffic, but the hours are limited, what's your thoughts on something like that? Heiner: I think that would be more compatible for the high density residential there, because, you know, you still have a retail establishment, it's got great access on Overland Road, but it wouldn't have such a high volume of traffic that it would cause traffic snarls or make it hard for -- you know, that's one of the exits for the apartment complex there is on Millennium Way. In the morning with all the high school traffic coming in and out you can't even get out. So, you have to -- they can't get out from the north and turn left, because there is a constant line of cars sitting along there. If you look at the banks that are already along there, like Bank of the West, Key Bank, Sterling, they have got great access, they have got empty parking spots, they have got nice flow for their customers going through there. You look at the bars, like Rudy's, Harry's, the same thing on Harry's, that over -- that business gets so much business it overwhelms the whole parking for all the other tenants. You look down at the curb on Meridian Road and look at where those people are parking, they are parking at the Jiffy Lube, they are parking at Sage Crest CPA. You know, other buildings who -- you know, my neighbor who is the Sage Crest CPA guy says, you know, I should charge bar parking fees. People leave their cars there overnight to take a cab home and come back and get it the next day, you know, so -- Hoaglun: Okay. Great. Thank you. Heiner: Did that answer your question? Hoaglun: No. That's good. Thank you. Zaremba: Thank you. Meridian City Council October 18, 2011 Page 25 of 40 Heiner: Any other questions? Rountree: No. Zaremba: No. David Meisner. And, again, if you would state your name and address for the record, please. Meisner: Yes. My name is David Meisner. My address is 2978 South Bay Star Way, Meridian, Idaho. I'm also one of the owners in the Sage Crest community. So, I'm here to represent the homeowners association for the Sage Crest community. So, the Sage Crest property owners association is located adjacent to the rezoning applicant's proposed property. We are a residential community of approximately 200 plus residents. The association has an obligation to protect the quality of life for the community, homogenizing the residential side and the business side of the area. Each owner, which there are approximately 50 plus owners, purchased these properties with the understanding that the surrounding businesses of Sage Crest would become office with similar businesses to those ones located to the east side of the complex. These businesses are real estate offices, day cares, doctor offices, professional types of businesses. We are opposed to the proposed rezoning change of the subject property. We believe what is proposed, adrive-in or fast food establishment, or whatever else that might be high traffic, would be detrimental to the area based on increased traffic. Access would be off the side street and not Overland, therefore, increasing the traffic load of the side street. The high school is located on the side street, along with professional offices and the apartments, creating traffic issues currently. The smell of fast food is not compatible with the area. If you have ever lived by a fast food restaurant the smell starts early in the morning and remains late into the night. Not a desirable condition for the residents of the area. In addition, the high school students would be walking on a street with no sidewalk, thereby either cutting through apartments or walking on the street or even trudging through the pathways of the landscape of the professional businesses there. There is similar businesses to the proposed on the north side of Overland. Would this be a better location? Thereby keeping similar type of businesses together? The owners and residents of Sage Crest respectfully request the zoning remain unchanged and a professional type of building or office be located next to the residential community of Sage Crest. Thank you. Zaremba: Any questions? Mr. Hoaglun. Hoaglun: Yeah. Real quick. You used the term fast food and I just want to make sure we are on the same -- you know, when I think fast food you think Jack in the Box and McDonald's, something like that. And, then, there are restaurants like Applebee's, Gino's, et cetera. Any type of food establishment? Is that what you're -- when you say fast food is that what you mean? Meisner: Any -- I mean we are up against a high residential area. I mean this is zoned as office type use or retail use. So, we bought this property thinking that's what we are Meridian City Council October 18, 2011 Page 26 of 40 getting into. A fast food type of establishment or restaurant establishment is not that type of establishment that we bought the property thinking what would go there. Hoaglun: Okay. I just wanted to make sure. Meisner: During the Planning and Zoning Commission he brought up that he would want 24/7 operation, so -- Jeffrey Hall did. So --and he wanted to serve the people who go to the football game after the football game, after 10:00 p.m. at night, so -- Hoaglun: Okay. Great. I just wanted to be certain we were thinking the same way. Okay. Meisner: Okay. Hoaglun: Thank you, Dave. Zaremba: All right. Thank you. Those are the only people that signed up. If there is anybody else that would care to make comment? We'll start with this gentleman first. And as usual, if you would state your name and address for the record, please. Hall: Good evening, Mr. President, Council Members. My name is Jeffrey Hall with DK Commercial. My address is 1880 South Cobalt Point Way in Meridian. That's in the Silverstone Business Park. Between the EI Dorado and Silverstone Business Parks we have approximately over, actually, 90,000 square feet of available office space. Unfortunately, in that area retail space is very limited. What we are looking for as far as retail services right now, as far as my clients are concerned, is a financial, food service, personal care -- again, when we talk about food services, you brought up a great comment. I mean it could be as a deli. I -- unfortunately, my recollection doesn't tell me that I remember saying anything about an operation of 24/7 going on at that location. I did say something about services available to the high school after the games. That would be great. A lot of the -- especially the retailers that are involved in fast food definitely like that. I was very happy to hear that one of the gentlemen there had mentioned that, you know, a bank would be okay, a credit union. That's something that we definitely need. Those are great services that we can use. Also personal care is something that -- you know, that's a whole spectrum of different types of things that personal care can go in there. You know, I'm pretty known for a couple different commercial projects. The one, of course, is Hark's Corner that I developed on Franklin and Linder. That corner also abuts residential uses. As you know, we have got a Chevron, an Arctic Circle, car wash, three different retail buildings. Never had a complaint from the neighbors. It serves the neighbors very well. We call it the cheers. Obviously, you know, we built that in 2002 and -- you know, our shoppers there are our neighbors and it really worked out well for them. There is other -- you know -- as a matter of fact, the new Walmart on Stoddard there and Overland, that's going to be abutting the Bear Creek Subdivision. It's actually going to have adrive-thru abutting the Bear Creek Subdivision for their pharmacy I believe. You know, those are other things Meridian City Council October 18, 2011 Page 27 of 40 that, you know, I think our uses are much more -- how would you say -- nicer. So, by allowing retail to the site I believe that we are going to reduce traffic congestion going onto Overland from Millennium, especially at lunchtime for the kids. If there is other services, like any type of food up there, that would be great for them. We will be accessed off of this site both off of Overland and Millennium, not just Millennium. But I think a comment was made that that would be the only access, but I believe that there is across-access agreement with Corey Barton and there is an ingress-egress there. So, that would be fine. And, finally, you know, I just ask that you approve this designation for HDR to commercial. It's needed in that area. That area is the -- one of the -- besides Ten Mile -McMillan right now, that area is the hottest area in the valley and we would sure appreciate whatever you can do and I stand for your questions. Zaremba: Any questions? Bird: I have none. Zaremba: Not at this time. All right. Thank you. Hall: Thank you. Zaremba: And would you also start with your name and address, please. Gertner: My name is Tara Gertner. Address is 753 West Tallulah in Kuna. I am the apartment manager. I just wanted to stress two points. One of them is the parking. The complex does have open parking. There is no reserve parking for the tenants, therefore, leaving them open for anybody else to park there. I can't prove who has parked there if there is no reserve parking. So, there really is not a lot of room in that area. I don't know if you have ever been there. I honestly don't see how they are going to put a strip between a fast food restaurant and the complex. It doesn't seem like there would be enough room there. I just think overflow parking would come into the complex, therefore, leaving the tenants with nowhere to park. The other thing I'd like to stress is the high school students, if there is a restaurant there I believe they have open campus. They will be coming through the complex, walking through the grass, throwing trash everywhere -- you know, we already have a big enough problem with them as it is without a fast food restaurant right there. I just think that would increase that problem. So, that was it. Zaremba: Any questions? Hoaglun: Yeah. Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: Same question I asked earlier. What do you see that would work at that site in terms of like banks and I'm -- it sounds like offices, service industry -- Meridian City Council October 18, 2011 Page 28 of 40 Gartner: Yeah. There is a business complex that runs down the side and they do really good. We haven't had any problems with them. Like he was stating, there is a dentist office in there, other than that I really don't know. I mean a bank would work there, but there is quite a few banks down Overland, so I'm sure which bank would go there, but -- Hoaglun: They are like car dealers sometimes, you know. They all like to cluster together. Gartner: Yeah. Hoaglun: Okay. That -- appreciate that, Tara. Thank you. Gartner: Thank you. Zaremba: Thank you. All right. Any further comments from staff? Want to reserve them? All right. Friedman: Yes, Mr. President, Council, I will reserve them, unless you have some questions. I'm still trying to process a couple of thoughts I have had, but you do have a recommendation from Planning and Zoning Commission before you. If you have some questions I can address it. Just a couple of things popped up while I was listening to some of the testimony, particularly related to sort the inconsistency between the comp plan designations of zoning and, then, the planned development that kind of muddies everything in terms of the restriction on the uses there. You know, we do have L-O zoning there. It's possible if you look at the use list for the L-O district that you can achieve a number of the uses that you have heard suggested with the straight L-O zoning or under straight L-O zoning. It is restricted by that planned development, so there may be an opportunity to amend that planned development -- to modify the CU, actually, structure that to where you can expand the range of uses, although I do note that a restaurant is a permitted use in the L-O zone, but the drive-thru establishment is prohibited. So, just kind of a thought I'm still trying to process on how we might be able to at least correct that situation on the map. A restaurant -- yeah, that's right. Sonya pointed out a restaurant is a conditional use regardless. But if we are going to modify it we could structure that conditional use modification to tailor to the specific uses. It's kind of unusual, because we would do that normally through a development agreement, but I don't know where you're going with this, but that was just kind of a thought that floated through here. Zaremba: I appreciate that. Are we ready for Mr. Jewett to summarize? Jewett: Thank you. Mr. President, Members of the Council. I did want to clarify -- first of all, I do appreciate the comments by the neighbors and I do want to clarify the one that we do have two access points, one off of Millennium and one off of Overland Road. Meridian City Council October 18, 2011 Page 29 of 40 You know, I'd like to point out that, you know, people who live in apartment houses are all citizens and they all use the services that we provide. I have completely relocated my office and my home south of the freeway. That's where I prefer to live. And I have to commute, for the most part, across the freeway to find just about anything, other than Jack in the Box now or Taco Bell, but all my other banks and everything else I do is on the other side of the freeway. You know, the Applebee's that I like to go to or the -- you know. And as you look at south Meridian, you look at Overland Road as your major -- major east-west corridor all of. south Meridian. Because you look at Victory and you look at Amity and you, okay, where are we going to get those establishments on those streets. Meridian Road, you look at a major north-south, it should be controlled and it should --and I'm assuming it's for the most part controlled access. So, your commercial is going to be limited to the areas that are already established. Then Eagle Road was pretty much residential on either side of it going -- going south. So, as we continue to develop and grow to the south, those other uses that we talk about, outside of fast food, just general, bank uses, retail, all need to flourish -- need to flourish somewhere. So, I'm speaking more generally than I am specific, because specifically I'm going to look for you guys' insight. But generally speaking in the south we do need to recognize that as we go south that Overland becomes more and more and more important to all those services. So, with that I would stand for any questions and advice and help. What I'm asking for, really, is the tools for us to go forward. Zaremba: Yeah. I guess I would comment that I know that looks like an attractive place for a restaurant or even a fast food restaurant with adrive-thru from a business standpoint, but my recollection of what was contemplated when this came through the Planning and Zoning Commission were I think I was when this came through, was lower density uses -- or lower impact uses than that. And I guess the struggle that I have, if you put a fast food -- or any restaurant, but particularly a fast food with adrive-thru there, I think it would be extremely successful and, then, the next question is could it operate 24 hours a day. Even if that wasn't mentioned earlier, that is the next logical step for a successful one in that location and I'm not very comfortable with that. If I -- if I lived there I would not enjoy that. A drive-thru on a bank wouldn't bother me. Other L-O uses -- and that's what it's currently zoned for -- wouldn't bother me I don't think. I just struggle with raising the intensity. I do believe what was contemplated across the street was to fill it out with exactly what you're talking about, the fast food restaurants and, you know, maybe make the whole area a food court, along with the cinema and the other stuff that's there. I don't know. I struggle a little bit with being able to contemplate a heavier use in that -- in that area. Personal opinion. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I hesitate to flatly reject and take the recommendation of Planning and Zoning, because I think there is potentially a solution to this issue or problem that's been created with the confusion with the map and the zone and the changes that have Meridian City Council October 18, 2011 Page 30 of 40 occurred. My preference would be to continue the dialogue, so we -- we have this before us, so we don't have to go through the application process and a lot and have Pete finish the work that he's doing and maybe some of us as well and come up with a solution that can address the issues and I very much appreciate what folks with the apartments are facing and some of the issues that have been created because of the increased -- not just traffic, but foot traffic with the fact that the high school is there and they draw a lot of traffic. So, my preference would be to let's sit down and talk through this with some ideas of how to remedy the plat issue -- or the Comprehensive Plan map issues and strike a compromise in there about what seems to work and what seems not to work and have that on the table and, then, move forward with that, whether it's some form of a CUP modification or if it's actually a Comprehensive Plan map modification or a Comprehensive Plan change, which takes forever anyway. If you're amenable to that. I don't want to give up on it, but I don't want to say that what I have heard tonight really gives me a real good solution. Jewett: Councilman Rountree, I appreciate your comments and I think that that would be welcome with open arms. The more we look into it, the more me and Sonya and me and Pete have talked about it, we recognize there is an issue that needs to be dealt with and you can't short change it. You know, we -- one of our -- one of our options today was just to withdraw, because it was so complicated and confusing, but I don't think it solves the answer. The reason I'm here tonight is to interact and try to get insight so we can move forward, because, really, for us to market that -- that property to end users we have to have a cohesiveness in all three components, the CUP, the zoning, and the Comprehensive Plan. So, I would welcome any opportunity to dialogue to resolve that issue. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I like Council Rountree's idea to keep the dialogue going. This is something -- I'm faced with an either/or and there might be something in the middle, but it's going to take some creativity, it looks like, and some work to get there where the apartment folks can say, yeah, we think that would work with what we have and works for you and when Mr. Hall goes out there and markets and whatnot -- and my only question is, Jim, some day are you going to bring us something easy to work on. Rountree: And he deserves that. Jewett: I knew that was coming. You know what, I get the calls, because it is hard and I put the time into it and I put the thought process into it, so -- I would like to bring you easy stuff, but, again, the plate's in front of me, I move forward. Bird: Mr. President? Meridian City Council October 18, 2011 Page 31 of 40 Zaremba: Mr. Bird. Bird: I, too, agree with Brad and Charlie, but -- and I think we need to work hard and see what is asked to put at that corner or you got -- there is a lot of things -- we don't -- we definitely don't need to punch more traffic on Millennium Drive, but there has got to be a solution that will make everybody within that area happy and still give us a good business base that somebody can be successful at. So, I would like to see it continue on and let's keeping working on it, see if we can't come up with some kind of a solution that works for everybody. Zaremba: Thank you. It sounds like the consensus is to continue the public hearing and would somebody like to pick a target date --date certain to continue it to? Friedman: Mr. President, Council, a couple thoughts on that. Clearly a minimum of two weeks would be required I think. We are certainly not going to have the ability to work this all out in the next two days and be ready to come back to you next week. The other thing is I think what we would like to do is sit down, process it, work with the applicant and, then, I would like, in turn, the applicant to meet with the neighbors, with a proposal -- once we have come up with a proposal meet with the neighbors see if we can't pull that back altogether so that we have all parties involved. So, I would say a minimum of at least three weeks, Jim? Pardon me? A little farther? Four weeks? Five weeks? Bird: How about November 15th? Friedman: November 15th? Is that enough time? Okay. We can start with November 15th. If we are not ready we can continue on. Rountree: Thank you. Mr. President? Zaremba: Yeah. November 15th would be a regular meeting, so -- Mr. Rountree. Rountree: I move that we continue Item 8-F, Millennium Retail Center until November 15th and direct staff and anyone else they can pull together to work with the applicant to come up with some solutions and have the applicant, then, meet with the neighbors and discuss possible solutions. Bird: Second. Zaremba: We have a motion and a second to continue. All in favor say aye. Any opposed? That motion carries. Thank you. MOTION CARRIED: ALL AYES. G. Public Hearing: CPAM 11m001 Southridge Apartments by The Farran Group, LLC Located South Side of VU. Overland Road Meridian City Council October 18, 2011 Page 32 of 40 Midway Between S. °Ten Mile Road and S. Linder Road Request: Amend the Comprehensive Plan Future Land Use Map ®esignation on 26.38 Acres of Land from Medium ®ensity Residential (M®R) to Medium High ®ensity Residential (MH®R) H. Public Hearing: RZ 11-002 Southridge Apartments by °The Farran Group, LLC Generally Located South Side of UV. ®verland Road Midway Between S. Ten Mile Road and S. Linder Road Request: Rezone of 42.36 Acres of Land from the TN-R and R-8 Zoning ®istricts to the R-15 Zoning ®istricts Zaremba: Next we have Item 8-G and H. I'll open the public hearings for CPAM 11-001 and RZ 11-002, both related to Southridge Apartments by the Farran Group. And, again, we will begin with the staff report. Watters: Thank you, President Zaremba, Councilmen. The applications before you are a Comprehensive Plan map amendment and a rezone. The site consists of 42.36 acres of land. Is currently zoned TN-R -- excuse me -- R-4 and R-8 and is located on the south side of West Overland Road midway between South Linder Road and South Ten Mile Roads. The request is for an amendment to the Comprehensive Plan future land use map to change the land use designation on 26.38 acres of land from medium density residential to medium high density residential. A rezone of 42.36 acres of land from the TN-R, R-4 and R-8 zoning districts to the R-15 zoning district is also requested consistent with the proposed map amendment. The applicant has submitted a conceptual development plan and a sample building elevation for phases one and two that show how the site may develop with amulti-family apartment complex consisting of two and three story structures. This plan does not include a development plan for the third phase of development. The proposed R-15 zoning district allows a maximum gross density of up to 15 dwelling units per acre. Because this property is located adjacent to land that is designated for mixed employment uses on the north and northwest sides of Overland, and medium density residential uses to the south and east, staff is of the opinion the proposed medium high density residential designation in R-15 zoning will provide a good transition and be compatible with these uses. Additionally, the adjacent mixed employment areas will provide jobs for residents and be convenient and easily accessible. The Ridenbaugh Canal that runs along the southern boundary of this site also will provide a buffer between the proposed multi- family development and future lower density development to the south and east. Because the property has changed ownership since the annexation and development was approved, staff recommends as a provision of the rezone that a new development agreement be required that will separate this site from the larger Southridge development. Future development will be required to substantially comply with the conceptual development plan, design standards contained in the Unified Development Code and the guidelines contained in the Meridian design manual. Prior to development of the third phase, the development agreement shall be modified to update the conceptual site plan to include a development plan for this area. A Conditional Use Meridian City Council October 18, 2011 Page 33 of 40 Permit is required for amulti-family development in the R-15 zoning district. The Commission recommended approval of this application at the September 15th public hearing. John Malletta testified in favor of the application. Scott Nichols, Steve Prisbos, Susan Prisbos, Curtis Elton, and Naomi Elton testified in opposition of the applications. Jim Jewett commented and written testimony was received from John Malletta. There were no key issues of discussion by the Commission. The Commission did change staff recommendation to strike development agreement provision 1.1.2E and parks department conditions in Exhibit B, Section 6, as the multi-use pathway is required on the south side, not the north side of the Ridenbaugh Canal, per the Southridge development agreement. There are some outstanding issues for City Council that have come up since the Commission hearing. I'll go through those one by one. The first, since the Commission hearing the staff has become aware of a 30 foot wide road right of way easement, known as Old Thorne Lane, that exists on this property that provides access to the Rice property to the south. Staff recommends a new provision be added to the development agreement that requires the applicant to protect and preserve this access throughout the construction process and after or provide an alternative access route with the appropriate instrument. That easement is shown on the record of survey property boundary adjustment before you there. Secondly, the staff recommends a new provision be added to the development agreement that requires the road right-of-way easement for Old Thorne Lane to be vacated at such time as the easement has either been relocated or is no longer needed. Third, the northern parcel -- flip back here -- is a legal parcel which does not require platting and the southern parcel is not a legal parcel and does require platting in order to obtain building permits. Staff recommends a new provision be added to the development agreement that requires the applicant to obtain approval of a property boundary adjustment in order to extend the boundary of the existing legal parcel to match the boundary of phase one as generally depicted on the concept plan, and/or plat the property in order to create a legal lot prior to issuance of a certificate of zoning compliance on property that encompasses the southern parcel. Last, staff recommends a new DA provision be added that requires the property to be platted prior to the development of phase three as shown on the concept in order to dedicate the right of way necessary for a public street. Written testimony since the Commission hearing was received from John Malletta in agreement with staff's proposed added development agreement provisions. Staff will stand for any questions the Council may have. Zaremba: Council, any questions? Bird: Not at this time. Rountree: Mr. President? Zaremba: Mr. Rountree. Meridian City Council October 18, 2011 Page 34 of 40 Rountree: In the DA is there -- are there provisions that some of the common areas and amenities be put in with the first portions of the first phases, so we don't have all of that coming in later? Watters: Councilman Rountree, I'm looking. Just a moment. There is not a condition currently included in the development agreement, but we can include that. There are two swimming pools proposed within this development. We could also include a condition with the subsequent Conditional Use Permit that will be required for the multi- family development also. So, it could be done either way. Rountree: And on this -- excuse me, Mr. President. On this site plan can you roughly indicate where that Old Thorne easement is? Watters: It generally runs right through the middle of the property here, Councilman. I can -- just a second. It's right there. Rountree: Thank you. Zaremba: Any other questions? All right. I believe we are ready for the applicant. Thank you. Just a reminder to start with your name and address, please. Malletta: Okay. Good evening. John Malletta. 13095 North Andy's Gulch, Boise, Idaho. 83714. Mr. President, Members of the Council, the application in front of you represents a collaborative effort between the City of Meridian, city planners, land owners, and the development -- developer. As the developer, the Farran Group has offices in Eagle, Idaho, and Missoula, Montana. We are an integrated private equity real estate firm focused on developing investment grade apartment communities. Our principals have worked together since 2002 and as a group have more than 50 years of dedicated real estate experience. We believe in implicitly in fulfilling our fiduciary obligations to investors and upholding our reputation in the industry and communities in which we live in. As Sonya had mentioned, the subject property is located on the south side of west Overland Road midway between South Ten Mile and South Linder Road. The Ridenbaugh Canal rises approximately 15 to 20 feet above Overland Road, which will serve as the southern most border to the property and serve to physically and visually separate the site from southern neighboring uses. The application includes a Comprehensive Plan map amendment, rezoning of two tax parcels, along with an application for Conditional Use Permit to allow for amulti-family residential project. These requests are necessary to combine the two properties into a single project. In conversations with the city staff the originally conceived multi-family area under the current Southridge plan created a difficult layout that would result in a poor overall design. Both city staff and the developer agreed that by combining the original multi- family site with the back 26 acres, we would open up a site and allow for design that better integrates into the surrounding community. The design would allow for more open space, staggered building heights and, in general, eliminate a tight building layout surrounded by expansive parking lots. We recognize that this application is just the first Meridian City Council October 18, 2011 Page 35 of 40 step in the process. We also understand and agree that the application will be subject to a development agreement modification, given the fact that since the time of annexation this property has been sold and is under new ownership. For this reason staff has recommended the current owner enter into a new development agreement with the city separating it from the Southridge development agreement as a provision of this rezone. As a representative of the land owner it is our intention to start this process with the Meridian city attorney immediately following the approval of this application. The proposed changes in land use from medium density residential to medium high density residential are consistent with the goals and objectives of the Meridian Comprehensive Plan, the Ten Mile interchange specific area plan, and the medium high density residential land use designation. The subject property is adjacent to land that is designated mixed employment and multi -- medium density residential. The proposed rezone will assist in providing a transition between the medium density residential use to the south and east and the mixed employment to the north and northwest of the subject property. This change enables quality discretionary housing near Meridian's key commercial employment and developing activity centers, while providing convenient access to services and jobs for all residents. All necessary services are currently available to the community and will be available upon development of the subject site. We are committed to provide the city residents of all income levels, age and family size an attractive and connected community. By combining both parcels we have dramatically improved critical design elements within the community, including livability, walk ability, and accessibility for our tenants. This design demonstrates compatibility with adjacent uses and the cohesiveness of an individual project. It is our intent to create a welcoming, esthetically pleasing community accommodating a wide range of tenants. The project will have multiple entrances, including an emergency access point off of Overland Road. Our main entrance will also be located off of Overland Road and will enter the project directly in front of the community center. The site plan is interlaced with pathways to various buildings and amenities, as well as connected to Overland Road, both on the east and west side of the project. The site plan includes strategically located open space, pocket parks, pathways, controlled social areas, water features, and a centralized community center. The community center may include a social lounge, espresso bar, free WiFi, fitness center, an outdoor pool and spa, patios, barbecue areas and a theater screening room. All of these amenities are designed to enhance the tenant experience and increase the tenant living area outside of the apartment unit, creating more of a community atmosphere. The community is proposed for a two and three story class A project with amenities and unit finishes with one of the top apartment communities in the northwest. In the site design we have centered the three story product, while placing the two story product near the edges to help integrate this property into the surrounding uses and create a more esthetically pleasing elevation. This project will contain a mix of studio one, two, and three bedroom units and will contribute to a range of housing opportunities available in the City of Meridian. Exterior elevations will be designed in accordance with the City of Meridian design criteria, but promote quality architecture and project identity. I want to thank the city planners, Planning and Zoning -- and Planning and Zoning Commission for their Meridian City Council October 18, 2011 Page 36 of 40 recommended approval and look to City Council for continued support. Thank you. May I answer any questions that you may have? Zaremba: Any questions? Mr. Rountree? Rountree: Yes. On the site plan that we have up there it shows the southern portion of this particular development in gray and there is a dashed line that's following below the Ridenbaugh Canal and below the greening, I guess, of that area. Is that the irrigation easement? Friedman: It is. My understand I think it's 50 feet -- Watters: Not sure. Rountree: And what's proposed to be done with that? Friedman: Mr. President, Council Members, at this point the application is for this phase one and phase two. They come in with a -- as we said, an addition to having to plat that parcel, because a road is required to extend it, they will be back with another development agreement -- or a develop agreement modification to bring you a detailed site plan for that one when they are ready to develop. Rountree: Okay. Zaremba: Are you generating more questions? Rountree: I'm just wondering why the Old Thorne right of way easement is an issue here. Is the Rice property in another ownership at this point? It appeared like it's in phase two. Friedman: Mr. President, Council Members -- go ahead, Sonya, and answer. Watters: The Rice property is to the south of this property. I'll show you here. It's this little square right down here. Rountree: Okay. Okay. Zaremba: And I guess the point is it's still in use and the people need that access? Watters: It is. Yes. Yes. Zaremba: Okay. Rountree: Okay. Meridian City Council October 18, 2011 Page 37 of 40 Zaremba: Or an alternate. Hoaglun: Mr. President? Sonya, is that on the south side of the Ridenbaugh Canal? Watters: It is. There is a bridge. Hoaglun: There is a bridge. Watters: Uh-huh. Hoaglun: Okay. Thank you. Rountree: That's all I had. Zaremba: Thank you. I guess I would go back to what's probably a tentative site plan, if we may. Yes. That one. Watters: And if I may just clarify. There is a 140 foot Ridenbaugh Canal easement that exists. There is 80 feet, it looks like, from the center line north that is shown on the property boundary adjustment. Zaremba: Okay. Thank you. I guess I want to -- you mentioned that there will be a nice entrance to this and I certainly agree that there needs to be an entrance off of Overland, but what I'm looking at is the right location for the entrance you're proposing. It appears to me that it's right at the end of a curve, right at the base of a hill, in a place where right-in, right-out would be iffy and left-in, left-out probably is unwise. Have you run this by ACHD or is there any chance of moving that access a little farther to the east? Malletta: That access you're referring to is actually the emergency access -- Zaremba: Oh. Malletta: -- that the city, fire, and police have -- after obtaining and evaluated that would be for emergency purposes only. The main entrance is going to be down as you're looking at the site plan to the right and bordering the -- Zaremba: Oh. Okay. Malletta: -- eastern edge of the site plan. Zaremba: Good. Excellent location. Thank you. And the fire and police access is a good idea, too. So, thank you. Meridian City Council October 18, 2011 Page 38 of 40 Hoaglun: Mr. President, I need to have Sonya just to jog my memory. The difference in medium density residential versus medium high density residential, Ican't -- I can't remember the -- the differences. Pete or Sonya, what -- Watters: Medium high density residential is three to eight dwelling units per acre and medium high density residential is eight to 15. Hoaglun: Okay. Thank you. Zaremba: While you're still standing there let me ask. I do not have anybody else signed up to testify. Anybody -- this is your opportunity if you care to add anything or against or clarify anything. Seeing nobody, do you have any wrap-up remarks? Malletta: I don't. We just look forward to working with the city attorney to put the development agreement in and I want to thank the city staff for all their patience and help through this process. Hoaglun: And, Mr. President, I wanted to follow up on something Councilman Rountree brought up earlier -- was on the pool, the amenities, is that going to be part of the phase up front? Malletta: Yes, it will be. My understanding is I think we are required to put somewhere between -- in the range of three to four amenities, whether they are -- Friedman: More than that. Malletta: Under the term -- under the code we are required to put in a certain number of amenities in each of the various phases, which we absolutely understand that that's what makes kind if this community. Hoaglun: Okay. Great. Thank you. Watters: And just to clarify, Councilman Rountree, I could have answered your question a little better earlier, but there is a development agreement provision that requires development of the site to substantially comply with the concept plan. The concept plan does call out all the site amenities, so -- and the phasing boundaries also, so should be covered there. Zaremba: All right. Rountree: Thank you. Zaremba: Any further comments from staff? Pete, you look like you have something almost coming. Meridian City Council October 18, 2011 Page 39 of 40 Friedman: No. It was an editorial comment. I think just reciprocating the applicant's comments when this project came to us it was not of a level that we could have supported and we have had an iterative relationship with this applicant in working side by side to come up with I believe a development plan that is heads and shoulders above what came through the door initially. So, we -- it's been -- it's been good for us and it's been a good working relationship. Zaremba: Great. Thank you. Rountree: Mr. President? Zaremba: All right. I believe we would be ready to close the public hearing. Rountree: Mr. President, I move that we close the public hearing on item --did we have both G and H or just G? Bird: You can do both of them. Zaremba: Both. Rountree: Okay. Public Hearings on Items 8-G and H. Bird: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Motion carries. Both hearings are closed. MOTION CARRIED: ALL AYES. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: It's a nice job that you have brought forward. It's nice to see something like this that is well thought out and the concept that looks like it will be very much appreciated in the future as that area develops. So, thank you. With that I would move that we approve Items 8-G and H, subject to applicant and staff comments and the four provisions that staff have provided us in their summary. Bird: Second. Zaremba: We have a motion and a second. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. Both measures have passed. Meridian City Council October 18, 2011 Page 40 of 40 MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics Zaremba: That concludes our published agenda for the night. The last item is future meeting topics. Gentlemen, anything to propose? Rountree: I don't have anything. Zaremba: Anything from Planning and Zoning or Mr. Nary? Anything from fire or police, who have not spoken yet tonight? Kyle, just to recognize that you're here. Anything from you? Radek: I'm fine. Bird: Why are you so quiet. Rountree: Mr. President, I move we adjourn. Zaremba: Thank you all for hanging through. Bird: Second. Hoaglun: Second. Zaremba: Motion and a second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Zaremba: We are adjourned. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:49 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~ ¢: ~e~~ ~ 1 ~ PRESID DAVID ZAREMBA DATE APPROVED o~z~DAU~~sr ~~ ~a44 11 ATTEST: + ~~ JAY E OLMAN, CITY ~, IDIA~~ IDANq ~. ~+~ ~ ~ '~~,~,~ ~ f 5u~~4 the TR~A