Loading...
HomeMy WebLinkAbout2012-07-17~~E IDIAN~-- CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 17, 2012 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 Gordon Slyter with Treasure Valley Worship Center 4. Adoption of the Agenda Adopted 5. Consent Agenda ApprovedPages 2-3 A. Approval of Award of Bid and Agreement for Independent Contractor Services for "WWTP Reclaimed Water Onsite Irrigation" to American General Contractors, INC. for aNot-To- Exceed amount of $103,943.00. B. Non-Disclosure Agreement with A-T Solutions C. Temporary Construction Easement Agreement with Lynx Investments, LP D. Water Main Easement Agreement with MGT Legacy Church E. Water Easement for Meridian High School Tennis Courts F. Findings of Fact, Conclusions of Law for Approval: MDA 12- 003 Hollybrook by Kevin Howell Construction Located at West Side of N. Arrowwood Way; North of E. Ustick Road Request: Amend the Recorded Development Agreement (Instrument #105195857) for the Purpose of Modifying the Concept Plan and Building Elevations Approved with the Hollybrook Subdivision 6. Items Moved From Consent Agenda None Meridian City Council Meeting Agenda -Tuesday, July 17, 2012 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. Department Reports A. Clerk's Office: Approval of New Beer/VUine/Liquor License application for Big AI's III Inc. dba Big AI's located at 1900 N. Eagle Rd. Item Moved to Consent Item 5G Page 3 8. Action Items A. FP 12-011 Solitude Place Subdivision No. 3 by M2 Land, LLC Located Southeast Corner of N. Meridian Road and E. McMillan Road Request: Final Plat Consisting of 63 Building Lots and 7 Common/Other Lots on 17.9 Acres of Land in an R-8 Zoning District Approved Pages 3-5 B. Public Hearing: PP 12-007 Reserve West by ERD, LLC Located West of N. Locust Grove Road and East of N. Jericho Road Request: Preliminary Plat Approval of 14 Residential Lots and 2 Common Lots on 5.02 Acres in an Existing R-4 Zone Approved Pages 5-16 C. Public Hearing: AZ 12-002 Paramount North by Brighton Development, Inc. Located West of N. Meridian Road, Midway Between W. Chinden Boulevard and W. McMillan Road Request: Annexation and Zoning of 10.03 Acres of Land with an R-8 Zoning District Approved Pages 16-19 D. Public Hearing: PP 12-006 Paramount North by Brighton Development, Inc. Located West of N. Meridian Road, Midway Between W. Chinden Boulevard and W. McMillan Road Request: Preliminary Plat Approval Consisting of 77 Single- Family Residential Building Lots and Six (6) Common Area Lots on 26.52 Acres of Land in an R-8 Zoning District Approved Pages 16-19 E. Public Hearing: VAC 12-001 Sond by Greg Renfrow Located at 4871 W. Grey Towers Drive Request: Vacation of a 10-Foot Wide Public Utility, Drainage and Irrigation Easement Shared on the Interior Lot Line of Lot 4 and Lot 5, Block 3 of the Sond Subdivision Approved Pages 19-22 F. Public Hearing: VAR 12-002 Meridian Town Center by Idaho Electric Signs Located Northeast Corner of N. Eagle Road and E. Fairview Avenue at 2200 N. Eagle Road Request: Variance to UDC 11-3D-8F.4d to Exceed the Maximum Background Area Meridian City Council Meeting Agenda -Tuesday, July 17, 2012 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Allowed of 200 Square Feet for Free-Standing Signs Approved Pages 22-26 G. Amended onto the Agenda: Resolution No. 12-854: A Resolution Vacating a 10 Foot Wide Public Utility Drainage and Irrigation Easement Centered on the Common Line Between Lot 4 and 5, Block 3 of Sond Subdivision (VAC 12-001) Approved Pages 26-27 9. Future Meeting Topics None Adjourned at 8:09 p.m. Meridian City Council Meeting Agenda -Tuesday, July 17, 2012 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council July 17, 2012 A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday, July 17, 2012, by President Brad Hoaglun. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Watters, Clint Dolsby, Jamie Leslie, Chris Amenn and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd De Weerd: Thank you for your patience. We are starting a flew minutes late, but thank you for joining us. For the record it is Tuesday, July 17th. We will start tonight's regular Council agenda with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. if you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Gordon Slyter with Treasure Valley Worship Center De Weerd: Item No. 3 is our community invocation. We will be led tonight by Pastor Gordon Slyter. I thought I saw you in the back. Thank you for joining us. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Slyter: Our Father in Heaven, we thank you for this wonderful day that you have given us. We thank you for this great city we have the privilege of living in. Thank you, Lord, for those who serve in various capacities on the Council, on the various departments, city and fire protection. We pray tonight for wisdom far those who will make decisions, any issues that come before the Council, Lard. Your word says that if we lack wisdom we are to ask and you give generously without reproach. So, tonight we thank you in advance for wisdom and we thank you, Lord, for this great city where we live and we ask your continued blessing upon us. We pray this in Jesus' name, amen. Meridian City Council Jufy 77, 2072 Page 2 of 28 Item 4: Adoption of the Agenda De Weerd: Thank you far kicking us off. Item No. 4 is Adoption of the Agenda Noaglun: Madam Mayor? De Weerd: Mr. Noaglun. Noaglun: A couple of minor changes to the agenda to go through here. Under 7-A, Department Report, the Clerk's office approval of new beer and wine liquor license, all the items needed have been received from the state and the county, sa we can move this to the Consent Agenda as Item 5-H. And also we need to add under Action Items 8-G -- and this is Resolution No. 12-854, a resolution vacating a ten foat wide public utility drainage and irrigation easement centered on the common line between Lots 4 and 5, Block 3 of Sond Subdivision. So, with those two additions, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approval of Award of Bid and Agreement for Independent Contractor Services for "WWTP Reclaimed Water Onsite Irrigation" to American General Contractors, INC. for aNot-To- Exceed amount of $103,943.00. B. Non-Disclosure Agreement with A-T Solutions C. Temporary Construction Easement Agreement with Lynx Investments, LP D. Water Main Easement Agreement with MGT Legacy Church E. Water Easement for Meridian High School Tennis Courts F. Findings of Fact, Conclusions of Law for Approval: MDA 12- 003 Hollybrook by Kevin Howell Construction Located at West Side of N. Arrowwood Way; North of E. Ustick Road Request: Amend the Recorded Development Agreement (Instrument #105'195857) for the Purpose of Modifying the Concept Plan Meridian City Council July 17, 2012 Page 3 of 28 and Building Elevations Approved with the Hollybrook Subdivision G. Clerk's Office: Approval of New Beer/VNine/Liquor License application for Big AI's III Inc. dba Big AI's located at 1900 N. Eagle Rd. De Weerd: Item No 5, Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: 1 move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree; Second. De Weerd; I have a motion and second to approve the Consent Agenda. Hoaglun: And, Madam Mayor, that did include 5-H as well. De Weerd: Thank yau. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Department Reports A. Clerk's Office: Approval of New Beer/WinelLiquor License application for Big AI's III Inc. dba Big AI's located at 1900 N. Eagle Rd. Item Moved to Consent Item 5G De Weerd: Actually, there were items moved to the Consent Agenda. Item 8: Action items A. FP 12-011 Solitude Place Subdivision No. 3 by M2 Land, LLC Located Southeast Corner of N. Meridian Road and E. McMillan Meridian Cify Council July 17, 2012 Page 4 of 28 Road Request: Final Plat Consisting of fi3 Building Lots and 7 Common/Other Lots on 17.9 Acres of Land in an R~8 Zoning District De Weerd: We will move to Item No. 8 under 8-A on final plat 12-011. I will ask for staff comments. Wafters: Thank you, Madam Mayor, Members of the Council. The first application before you is a final plat application for Solitude Place Subdivision No. 3. The site is located on the southeast corner of North Meridian Road and East McMillan Road. The applicant requests final plat approval of the third and final phase of Solitude Subdivision, consisting of 63 buildable lots and seven common lots on 17.9 acres of land, zoned R-8. The proposed plat contains 2.12 acres of open space, consisting of street buffers and a landscape common area containing a pathway and seepage bed. The gross density of this phase is 3.52 dwelling units per acre. You can see there an the left-hand side of the screen that's the preliminary plat with the final plat on the north end there and the final plat and landscape plan that's proposed. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found there to be an increase in open space and six fewer building lots than shown on the preliminary plat. Overall the amount of open space provided for the subdivision exceeds the minimum required of ten percent. Because the number of building lots is fewer and the amount of common open space has increased, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required. There are no outstanding issues for the City Council. Written testimony was received from Becky McKay, the applicant's representative, in agreement with the staff report. Staff is recommending approval of the proposed final plat. De Weerd: Council, any questions for staff at this point? Bird: I have none. Rountree: I have none. De Weerd: Okay. Becky, any comments? Wafters: I believe Shari Stiles is here representing the applicant. De Weerd: Oh. It was someone that looked like Becky. I didn't have my glasses on. Hi, Shari. Okay. No comments? Okay. Council, anything on this item? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council July 17, 2012 Page 5 pf 28 Rountree: I move that we approve Item 8-A, FP 12-011 for Solitude Place. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-A. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: PP 12-007 Reserve West by ERD, LLC Located West of N. Locust Grove Road and East of N. Jericho Road Request: Preliminary Plat Approval of 14 Residential Lots and 2 Common Lots on 5.02 Acres in an Existing R-4 Zone De Weerd: Item 8-B is a public hearing on PP 12-007. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next item before you is a preliminary plat application for Reserve West Subdivision. The site consists of 5.02 acres of land, zoned R-4 and is located on the west of Locust Grove Road and east of Jericho Road. In 2009 the City Council approved the annexation of this property with an R-4 zoning district. The applicant is requesting preliminary plat approval of 14 residential building lots and two common lots on 5.02 acres of land. The proposed plat is an extension of Reserve Subdivision to the east. The minimum lot size proposed with this plat is 10,000 square feet and the average lot size is 11,847 square feet. The gross density for the proposed subdivision is 2.79 dwelling units per acre, consistent with the adjacent development and the R-4 zoning district. Access to the subdivision is provided by East Commander Street, currently stubbed at the east property boundary via North Locust Grove Road. The development agreement for this site requires Commander Street to be extended through the site and connect to Jericho Road, as proposed on the plat. The proposed plat depicts 13.35 percent common open space, which exceeds the minimum required of ten percent. Qualified open space includes two common area lofts and eight foot parkways adjacent to the street. Per the development agreement the applicant is required to submit home elevations consistent with the guidelines contained in the Meridian design manual. The proposed elevations include a mix of building materials, decorative corbels, predominate eaves, front porches, and variation in the wall planes and the roof lines. The elevations demonstrate consistency with the design manual and the existing homes constructed in Reserve Subdivision to the east. The Commission recommended approval of the subject application at their June 7th, 2012, public hearing. Jake Centers and John Wardle testified in favor of the application. No one testified in opposition and Steve Rutherford and Steve Proctor commented on the application, No written testimony was submitted. Key issues of discussion by the Meridian City Council July 17, 2012 Page 6 of 28 Commission were the minimum home sizes proposed for the subdivision and construction traffic through Reserve Subdivision. The Commission did not change any of staff's recommendations. Written testimony submitted since the Commission hearing. John Wardle, applicant, in agreement with the Commission recommendation and there are no outstanding issues for the City Council. Staff will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would just comment that many years ago when this and subdivisions around it were being discussed, the subject of having this roadway connect to what I believe is Venable was brought up and I just want to express appreciation that it appears that that happened. De Weerd: Thank you. Good evening. Wardle: Good evening, Madam Mayor, Council Members. For the record my name is John Wardle. My address is 1627 South Orchard Street, Boise, Idaho. 83705. Thank you for the opportunity to be here tonight. As Sonya had mentioned, we are in agreement with the findings of fact and conclusions which are in the staff report. wanted to just address two issues which were brought up at the Commission that we addressed there, but I thought we would also address them before you tonight. One was size of homes. This is a continuation of the first Reserve Subdivision. Our intent here is to match the size of homes that were required with those HOA documents. Some neighbors were concerned that our homes would not be compatible. We had mentioned in our application that the minimum square footage will be 1,400 square feet. That, actually, is part of the requirement within this zone. But our intent is to match the same design requirements within Reserve Subdivision and, in fact, would like to be included within that HOA. Just wanted to put that out there on the record. The other item that was brought up at the last meeting -- and I'm sure will be raised again tonight -- was construction traffic for this project. There was a request made that only construction traffic be on what's called Jericho and we do connect to Jericho on one end, but we also canned to Commander. Can we go back one more slide there? So, our project sits between Jericho and Commander. One of the neighbors requested that only construction traffic for this project be -- would occur on Jericho. Frankly, we feel that -- you know, both of these are public roads. We -- we expect that our contractors will obey the law. If they are not obeying the law we expect that the law would be called and those issues be addressed. But we don't feel that it's appropriate to say that only Meridian City Council July 17, 2012 Page 7 of 28 construction traffic be on one road and not another and also our utilities will come from Jericho. So, when development happens on this project, the likelihood of only telling us that traffic can only be on Jericho Road is probably not feasible and we need the ability to have traffic on either road and we do expect our contractors to obey the law. The Commission did not agree with that -- that request by the public. They did not include a new condition precluding traffic -- construction traffic on Commander Road and we just respectfully request tonight that we be allowed to develop this project and that the construction traffic could go on either road as -- as it may. So, l will stand for any questions. I'm sure there will be some comments tonight and I will address those in rebuttal. De Weerd: Okay. Thank you, John. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Sonya, could you put up the preliminary plat? Well, that's not terribly helpful in terms of being able to read it, but what's the access going to be to the lot that would be on the southwest portion of that parcel? Wardle: The bottom left corner? Rountree: Yes. Wardle: Lots -- I think they are Lots 2 and 3 of Block 2. Those two lots will actually have a shared driveway. There is a condition in here that states that those would share access over a common driveway and they will both come out to Commander Road. So, the frontages -- the minimum frontages are in accordance with the ordinance and believe we will have a 20 foot driveway that both of those homes will use to come out to Commander Drive. Rountree: Madam Mayor, just a comment. We have had some issues with shared driveways being relatively new in some subs. Hopefully the CC&Rs are such that you don't have parking and that sort of thing and the difficulty of people moving in and out of those lots. It would have to be administered through the CC&Rs. There is not much the city can do about it. Wardle: Madam Mayor, Council Member Rountree, if I may, it's my understanding that these common driveways actually act as the fire access. lt's a minimum 20 feet and parking is not allowed on those. 1 have seen where those have been signed with na parking, but we would be happy to disclose in the CC&Rs the nature of that, that parking is not allowed and access to one home or the other cannot be blocked. Rountree: Okay. Thank you. Meridian City Council July 17, 2012 Page 8 of 28 De Weerd: Any other questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just comment in the earlier remark I made I misspoke. The street that it connects to is Jericho, not Venable. But my appreciation still stands. De Weerd: Noted. Thank you, John. Okay. We did have one person sign up, other than John, on the public hearing sheet. See, I can keep track of where you live by where you show up. Rutherford: Right. Madam Mayor, Members of this Council, my name is Steve Rutherford. I live a 1539 East Commander. I am the treasurer for the Reserve Homeowners Association. I'd ask for a little extra time. I'm not sure 1 can get through this in three minutes, but I promise I won't belabor my point. De Weerd: We know attorneys can talk fast. Rutherford: i wanted you to hear me, actually, this time. The issue is exactly as -- as the developer's representative Mr. Wardle had said. Really, our issue is we live on a short street. Probably -- and we should have before now come to you and asked to have the 25 mile an hour speed limit reduced, because it's apretty -- it's a pretty shart street. It's separated by the one kind of amenity or common space that Mr. Center's provided on -- when he built this phase of the subdivision, which is a roundabout. The roundabout has gat trees in the middle and I will show you pictures here with all the specifics. You will see here the roundabout has some landscaping in the middle and same grass and there -- along this western boundary there is also a fence. This is kind of a picture of the subdivision and you will see this is not uncommon in our subdivision. We have got 1 Z homes. We have got 13 children under the age of 12. Many of them are, you know, in that six, seven, eight range and they play on that roundabout, because that's -- that's kind of the common space for the neighborhood. Until we get the back part of this subdivision opened up and get that -- that common space at the back end, this is what the -- this is what the kids are playing on. So, you can see our issue really relates to people. People park in this roundabout, because it's street frontage for people's homes and in addition this picture will show you to the north of the roundabout there is sidewalk that accesses what amounts to a pretty big field behind the Meridian city school. There is a -- there is a high school there. So, children are often crossing to get over to that school. The street width from the pavement is 26 feet wide there at that area. The issue we have is, again, we have got a quite few kids playing in that neighborhood. It's a 25 mile an hour zone. Folks are parking on our street in the street. We have got a fairly, you know, busy, robust neighborhood and what we are worried about is someone around, driving a big truck full of trusses around Meridian City Council July 17, 2012 Page 9 of 28 that -- that roundabout and running over one of our kids. In addition, it kind of makes sense to -- at least for the first portion of the development of this subdivision to have the construction access come off of Chinden Boulevard directly north of this and I will show you in the next couple slides that street. There was some discussion at Planning and Zoning that there were -- there were a number of residences. Really, those are five one acre lots. They are set back a ways. One of my pictures will show you that. And so -- so that's about -- that's it in terms of -- in terms of the impact on that neighborhood. And, again, our neighborhood is not requesting that you permanently make construction access go through -- use Jericho, but at least until it makes sense we leave -- we have asked -- we would ask you to leave the fence that currently terminates the existing East Commander Street until -- until construction gets to 50 percent, particularly the roads and infrastructure get in the street, but you will see here this is the route we are asking you to -- per the conditions to the developer, ask him to use. The streets here where he turns off Chinden onto North Saguaro is 30 feet wide. You will see pretty big. They pass that -- what is a Moxie Java right there. Would turn left here onto Everest Street. You will see a fairly wide street. No homes fronting this. Some commercial development opportunities on the left that have yet to develop and, then, finally the stretch on Jericho, you will see the homes -- there are, again, five homes on the left side of Jericho. That planting strip there where there is with grass on the left side is pretty wide. Those homes fit back a little further. Again, they are one acre estate lots and, then, this would, again, feed into the west side of the west development. The east side of Jericho is yet to be developed. So, you know, from our perspective -- our neighborhood's perspective this is the safer route. This is a picture of the roundabout and -- in our neighborhood with some traffic in there. This shows you a rather large vehicle accessing that. That's our sign at the front entrance to Locust Grove. It also shows you that, you know, you put a car or two there, it`s not necessarily the most open piece of street. And, finally, that's the fence that's at the end of -- end of our East Commander that we would ask you to ask them to leave up. We also believe that the -- that the developer that -- he's doing a good job. He did a great job with our subdivision. He's going to do a great job on this one. He can't control his contractors. I'm here to tell you. I'm in the business. And people speed and you can't do anything about it, unless you post a police officer there and I know from the other side of my business that you don't have the resources to put a police officer there. At some point it's too late. Kid gets run over. It's too late. So, I'd ask you to -- until it makes sense -- and you folks do this more than I do -- I don't know if that's for a period of time, six months, three months, or if it's until, you know, 13 of the 26 houses or the -- I'm sorry -- seven or eight if the homes are built and infrastructure is in, something to alleviate big trucks coming down that road that wasn't really designed for that kind of traffic. So, happy to answer any questions. Thank you for this time. De Weerd: Council, any questions? Bird: I have none, Mayor. Zaremba: Madam Mayor? Merid'+an City Council July 17, 2012 Page 10 of 28 De Weerd: Mr. Zaremba. Zaremba: The trucks that you're most worried about, can you guess at maybe a weight limit to them? You're talking about a -- maybe a cement truck and maybe as you say a truck with trusses. Are those like in a 50,000 pound range you're thinking? Rutherford: Council Member -- or Madam Mayor, Council Member Zaremba, I don't know. I'm thinking, you know, some pretty good size, a load on them, but, you know, for that matter, given the volume of -- of development that's going to occur on the other side of the fence, Jake Centers built a good product. I have no doubt this thing is going to be popular. They are going to be building homes pretty quickly. The guy -- the drywaller in his pickup, for that matter, you know, those people, in addition to the -- to the truck drivers, those are the people that are going to be getting #o the site so they can get to work and I'm worried about a protracted period of time where those folks are going to be using that street, When we have the ability to give them maybe more safe access -- again, Chinden has got kind of a turn lane, so you can get out of traffic, get into that Jericho access. And since the fence is up we actually have a present ability to stop that traffic until, again, a reasonable time period. I don't know that it has to da with size or anything like that. I think it is folks in the construction trade that want to get there. They are going to be intensely using that East Commander Street in front of our homes. De Weerd: Steve, 1 don't want to sound insensitive. Certainly the accident that we had happen in our community recently has kind of shaken our whole community and so we are a lot more conscientious and aware of the dangers that streets in general pose to the safety of our kids. Postponing the opening of a street is not going to change anything. You need to educate your kids. You know, they are going to have to learn it today or six months from now. They have to know it's no longer a street that they play in and I can tell you what, there is many of us that have moved to a street with that similar sign and it will be extended in the future and we have stayed there hoping that that road would never open up, because we like the security that it's given ours kids by not having it a through road. I don't know if the city can postpone the opening of a road or not. The roads are ACRD. But I don't know what it gains you. Because that danger is going to be there when that road is paved and so 1 don't say that to be insensitive, because, you know, I now have grandkids. I finally got my kids raised and now I'm concerned about someone else's kids, including our communities'. But we have this request in every subdivision that has a fence and a sign on it when the next phase develops. Rutherford: And, Madam Mayor, I'm not naive enough to believe that it was never going to open, but given that the common space we have right now is that circle, until the common space gets put in and there are sidewalks that our kids can safely get to that, our kids are going to play in here and they can be very -- they can be very careful, but this increases the risk and 1 had a conversation with your -- with one of your land use planners and I was led to believe that this was a condition that limiting construction access to a certain point was something that can be done, had been done, and wasn't an unreasonable request. So, that`s what Iwas -- that's why I was here making it and, Meridian City Council July 17, 2012 Page 11 of 28 again, until we get a safe place for our kids to play that isn't in the middle of the street, we always tell them to be careful, but there is risk there. Bird: Madam Mayor? De Weerd: And, again, I don't want to sound insensitive, but it's called a yard, so -- Mr. Bird. Bird: Steve, my -- my biggest fear is if we limit it to just Jericho -- and most of the product does come out of the Boise area going west and you go on Chinden, which is -- while Locust Grove is busy, Chinden is a lot more busy. At Locust Grove you have got a light that you can turn left and come down and, then, you turn right into this. And you go on up to Jericho there is no light. Trucks are going to be pulling in there. You got your -- your concrete trucks, you got everything. They are going to be pulling in there and trying to turn left into the traffic. You got a traffic hazard there. And, boy, I -- you know, I wouldn't want to see one little guy get scratched, but I think there is -- I think there is a safety issue asking all the construction trucks to -- to fiurn left into that without a light, where at Locust they do have a light to turn left. Because, you know, drivers are -- they get impatient and they are going to swing out in front of traffic I'm afraid of. They are going to -- a lot of them come that way, a lot of them come off Locust Grove. Looking at your roundabout, most of them, if they can, they are going to come Jericho way, I can guarantee you. They are not going to try to bring a trailer full of trusses around that deal, especially where you gat parking -- cars parked there, but I -- I don't know if -- if we are doing -- safety wise if we are doing the right thing by limiting it to just one entrance. Rutherford: And, Madam Mayor, Council Member Bird, I absolutely understand. The difference for me was Locust Grove doesn't have a turn lane, Chinden does, and there are -- there is a school bus stop right at our subdivision there at that -- and, then, there are -- there is the Ambrose school right across the street and, then, the high school, frequent foot traffic on Locust Grove that doesn't have sidewalks all the way down. You kind of got to -- kind of got to hop back and forth. So, we just thought, you know, if we can avoid construction traffic coming in that front entrance, encourage it to be on Chinden that's meant to accommodate that kind of traffic, it would -- it would benefit the neighborhood. De Weerd: Mr. Nary, it's probably -- and I don't know if it's our attorney or planning, but I believe that ACRD can consider temporary traffic calming situations, sa 1 guess depending on how Council decides on this, we could also through our traffic safety commission or just the developer and through our Planning Department make a request for temporary traffic slowing things. Aren't there some temporary speed bumps or -- you can slow traffic down. Nary: Madam Mayor, Members of the Council, I mean I guess the only -- the only problem is is that many of those -- many of those have requirements that -- I'm not sure by the time the -- all the traffic study was accomplished, I'm not sure how far along this Meridian City Council July 17, 2012 Page 12 of 28 project would be. De Weerd: But if it's temporary and you get one hundred percent of the homeowners that sign it, I -- I know when we looked at it in our subdivision -- this sounds so familiar. As long as you get all of your neighbors agreeing to it there usually isn't a problem. Nary: Yeah. I just say I don't know how long it takes. I wouldn't know if it would take two months or a month and a half. So, that's the only issue would be the timing. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Steve points out a genuine issue. Unfortunately, he doesn't point out the genuine issue throughout the whole area. Those choosing to come from the south down Locust Grave might very well not go to Chinden and back around. Bird: Yeah. That's right. Rountree: And there is a subdivision to the south -- I think it used to be Madeline, I think it`s now Saguaro West or East or something like that -- that they could go through that just as many, if not more homes than we have here. So, the idea of trying to restrict traffic flow, I'm not sure is necessarily the answer -- that would be the answer for that. Hoaglun: Madam Mayor? Rountree: But I think it's something that between the citizens that live there, between the contractors and the developer, they can do their best effort to try to minimize the impact on the existing dwellings, whether it's coming down Jericho, coming down your street, or coming down -- coming across on the street that's to the south of them. You have that in every development. !f they would all develop from the inside out we'd never have this issue. I don't know that Icon -- 1 don't know that I can think of an instance, though, during construction were we have had significant issues, other than some parking and materials in the road and -- where we had accidents involving pedestrians -- typically it's an established neighborhood. Typically it's a resident in the neighborhood not paying attention. Not that those are excuses, I'm just trying to find a way in my mind to accept your proposition as the way to go and I think by doing what you suggest you just divert the issue to a couple other streets and I think opening up the street all the way through initially as part of the development and giving people the options to come from the south, give them options to come from the north, the east and the west, is probably the best approach. De Weerd: You know, Steve, I think that what we found in our neighborhood was -- we Meridian City CounciE July 17, 2012 Page 13 of 28 live just down the street from a school and it wasn't the contractors we ended up being concerned about, it was the parents driving their kids to school at the last minute. I mean they were scary, so -- Mr. Hoaglun. Hoaglun: Madam Mayor, I wanted to ask Steve a question. You had referenced something about 15 mile an hour speed limits. Have you had a discussion with the traffic safety committee or ACRD about doing some slaw down measures? Rutherford: Madam Mayor, Council Member Hoaglun, 1 have not. We do have the 25 mile an hour posted speed limit, which is the default for Meridian. We also have a no outlet sign that ACHD graciously put up for us at our request. But my understanding was I could come to the city or our HOA could come to the city and that you have the ability to set a lower speed limit in a residential area kind of as an exception to your 25 mile an hour. That's something I have been derelict in doing. Hoaglun: And Madam Mayor -- and to follow up on that, I mean if that -- if that is an option, with that circle and trucks going through there, if that's opened up, you know, that's something I think worth taking a look at during -- during this construction period. I mean the Mayor is right, long term, once that's opened up with houses there, it -- people are going to be driving back and forth and I have been through the teenage driver years and that's always scary. I mean -- so, it will happen, but -- with young people and going fast, so -- but I can understand your concern going through there where that has, basically, been a cul-de-sac and kids playing and if there is a way to get traffic calming measures in the place or lower speed limits and -- I don't know if that's -- if that is possible. Mr. Nary, is that 15 mile or something like that even doable? Nary: Madam Mayor, Members of the Council, I mean certainly there is -- there is two methods in which to do that and the traffic safety commission meets only once a month, so we could certainly put it on our agenda for next month, but in the interim they still would have to do a traffic study to determine what`s appropriate, because they can't simply just change the speed limit, they have to have some supporting documentation to support that. So, the homeowners association can contact ACHD, raise these concerns and issues and have them do the study prior to our meeting next month and, then, we can have that conversation. So, there is a method. But we don't have the independent authority to change the speed limit, we would have to work through ACRD to recommend that. De Weerd: We don't mean to do that. They point at us, we point at them, and -- okay. Anything further? And certainly, Steve, we will -- if you need to work through the traffic safety commission we will help you communicate with ACRD or whatever you need us to do. Rutherford: Okay. Thank you. De Weerd: This is a public hearing. Is there anyone else who would like to provide testimony on this item? John, you want to have any final remarks? Meridian Cify Council July 17, 2012 Page 14 of 28 Wardle: Madam Mayor, Council Members, John Wardle. !don't. We are sensitive to the issue as well. We will work with our contractors. Clearly, like I stated before, if someone is violating the posted law -- I have worked on another project where neighbors follow our truck, that's our project, so I would assume that if the contractors aren't doing the right thing here, the residents would have an opportunity to call the police and do that, but we will work with our contractors as well. So, we just would ask for your approval of the conditions as put in the staff repor# tonight and we will go ahead and make the connection to Jericho. De Weerd: Thank you. Any final questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I may have telegraphed this earlier, but would there be any value in putting up a sign asking vehicles over 50,000 pounds to use Jericho and let everybody else come from whatever direction they wanted? And I'm just picking 50,000 pounds out of the air. But I'm aiming at the biggest, heaviest trucks which may choose not to go through this roundabout anyhow, but -- Wardle: Madam Mayor, Council Member Zaremba, where do you post that? I mean you would have to past, what, up on Chinden or dawn, you know, on McMillan. I think it also poses a problem that -- I have moved a number of times over the last few years and the moving trucks are well over 50,000 pounds and they put three ar four people's home -- you know, home goods on there. So, I think, again, you know, it would be hard to enforce something like that. I think by the time somebody gets in that neighborhood they would use the roundabout to turn back around and, then, they would have to figure out how to get through. So, 1 just don't know that it's -- I think it's a good suggestion, I just don't know if it's practical to enforce that. Zaremba: Thank you. De Weerd: I'm sure our lieutenant was wondering that himself, so -- nothing. I just saw you talking aver there, so I thought I would mention your name. Okay. Anything further from Council? Rountree: I have none. De Weerd: Okay. Thank you, Jahn. Wardle: Thank you very much. De Weerd: Do i have a motion to close? iVieridian City Council Juiy 17, 2012 Page 15 of 28 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we dose the public hearing on Item 8-B. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. Alf ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve PP 12-007, with all staff comments. Hoaglun: Second. De Weerd: I have a motion and a second. Any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Does the maker of the motion intend to include the commitments made this evening by the applicant with respect to house size and identification of signing within the CC&R that would not provide -- would not allow parking on the shared access? Zaremba: Yes. That's a good idea. f include that. Hoaglun: Second agrees. De Weerd: Okay. Any further discussion? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Justin from ACRD is here. He probably thought it was going to be an easy meeting for him tonight, but, you know, !think that as this comes forward for your review on things, you know, you certainly understand Steve's concern and he represented the homeowners on that street very well and it's one of those things that if something can be done we would like to see it -- I would like to see it done and I think we have all kind Meridian City Council July 17, 2012 Page 16 of 28 of expressed concern, but at the same time these are public streets and how do you move it from one to another and -- and I know that's the same thing you guys face out there every day and so -- but if there are idea out there that would work I'd certainly like to see them pursued if at all possible. And, of course, the developer and working with the contractors to keep that speed down, that's the biggest thing have them pay attention and keep speed down, so -- now, if we can just get our teenagers to do the same thing, so -- De Weerd: I'm sorry. I lived on a street to an elementary school and I can give you horror stories. And, certainly, Justin, if you have some ideas you can share it after this is finalized. Okay. Any further discussion from Council? Madam Clerk, will you tail roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: AZ 12-002 Paramount North by Brighton Development, Inc. Located West ofi N. Meridian Road, Midway Between W. Chinden Boulevard and W. Mc11/lillan Road Request: Annexation and Zoning of 10.03 Acres of Land with an R-8 Zoning District D. Public Hearing: PP 12-006 Paramount North by Brighton Development, Inc, Located West of N. Meridian Road, Midway Between W. Chinden Boulevard and W. McMillan Road Request: Preliminary Plat Approval Consisting of 77 Single- Family Residential Building Lots and Six (6) Common Area Lots on 26,52 Acres of Land in an R-8 Zoning District De Weerd: Okay. We are at Item 8-C and D on public hearing AZ 12-002 and PP 12- 006. I will open these two public hearings with staff comments. Watters: Thank you, Madam Mayor. The next applications before you are an annexation and zoning and preliminary plat request for Paramount North Subdivision. The site consists of a total of 26.52 acres of land, zoned R-8 and RUT in Ada County and is located west of North Meridian Road between Chinden and McMillan. The applicant has applied for annexation and zoning of 10.03 acres of land with an R-8 zoning district consistent with the future land map designation of medium density residential for this property. A conceptual development plan and building elevations were submitted with the annexation request. Because development of the majority of this site is subject to the development agreement approved with the original Paramount annexation, staff is not recommending a new development agreement for the portion of this site proposed to be annexed. A preliminary plat is also proposed, consisting of 77 single family detached residential building lots and six common area lots on 26.52 acres Meridian City Council July 17, 2012 Page 17 of 28 of land, consistent with the proposed concept plan. A portion of this site of 16.49 acres was previously annexed into the city and included in the original preliminary plat as one large 34 acre iot for future single family residential uses. The remaining portion of that lot not being replatted with this application will be replatted in the future. The conditional use permit planned development approved for the annexed portion of this site in 2003 allowed block lengths in excess of 1,000 feet, reduced building setbacks and minimum street frontages of 50 feet. Access fo the site is proposed on the plat via two access points, the existing West Producer Drive via Meridian Road at the southeast boundary and North Fox Run Way via Chinden at the northwest boundary. The applicant is required to provide a minimum of ten percent open space or 2.65 acres of land, along with two site amenities for the subdivision. The applicant proposes a children's play structure, benches, and a section of the city's multi-use pathway as site amenities. Ten foot wide multi-use pathway is proposed within Lot 38, Block 48, along the southwest boundary as shown on the landscape plan. Commission recommended approval of the subject annexation and zoning and preliminary plat request at their June 7th public hearing. Mike Wardle testified in favor of the applicatian. No one commented or opposed the application. Written testimony was submitted by Mike Wardle, the applicant's representative, in agreement with the staff report. There were no key issues of discussion by the Commission. The Commission changed staff's recommendation. They struck condition 1.1.1, as recommended by staff, as the applicant had revised the plat at that point and initially as recommended by staff, added a new condition, 1.1.9, requiring the landscape plan submitted with the final plat application to be revised to include the additional area included in the annexation boundary at the northwest corner of North Meridian Road and West Producer Drive. There are no outstanding issues for City Council. Written testimony since the Commission hearing. There has been none. Staff will stand for any questions Council may have. De Weerd: Thank you. Council, any questions? Okay. Comments from the applicant? M.Wardle: Madam Mayor, Council Members, Mike Wardle, Brighton Corporation. 12601 in Boise -- or, excuse me, West Explorer Drive in Boise. De Weerd: Thank you. M.Wardle: I would just be willing to answer any questions that you might have, but would note that along the street, along the diagonal southwest is where we have already constructed a ten foot wide regional pathway. That's why we don't have any lots fronting on that street in contrast to what has been done on the rest of the project, but it was really the only opportunity to make the connection from the pathway that's already in existence along Fox Run over to Meridian Road and to the pathway that's on the east side of another subdivision. So, we have already put that facility in. It will be part of that wider buffer common area when we da plat these -- these lots in the future. So, would also just note during the last hearing there was a question raised by one of the Council -- or the Commission members about a sidewalk from the LDS church down to the corner of McMillan, which does not currently exist, but because you have the junior high school across the street there is a concern. So, we are actually in the Meridian City Council July 17, 2012 Page 18 of 28 process of working currently with ACRD. We will design and construct that sidewalk and they are working on determination of what ACHD's future roadway widening requirements are to set the precise location, but if we can get the miracle accomplished it will be done before school starts this fall. So, anyway, that's not part of this project, but it came up and it was just something that we had already initiated with ACHD because of that need. So, be happy to answer any questions you might have. De Weerd: Thank you, Mike. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Thank you. M.Wardle: Thank you very much. De Weerd: This is a public hearing on Items 8-C and D. Is there any member of our public who would like to make comment? Okay. Council, any further questions? Rountree: I have none, Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none, I move we close the public hearings on AZ 12-002 and PP 12-006. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Item $-C and D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: !move we approve AZ 12-002, Paramount North and consider alf staff and applicant testimony. Rountree: Second. De Weerd: 1 have a motion and a second to approve this item. Any discussion? Madam Clerk. Meridian City Council July 17, 2012 Page 19 of 28 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 12-006 and include all staff and applicant testimony. Zaremba: Second. De Weerd: I have a motion and a second to approve item 8-D. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing: VAC 12-001 Sond by Greg Renfrow Located at 4871 W. Grey Towers Drive Request: Vacation of a 10-Foot Wide Public Utility, Drainage and Irrigation Easement Shared on the Interior Lot Line of Lot 4 and Lot 5, Bfock 3 of the Sond Subdivision De Weerd: Item 8-E is a public hearing on VAC 12-001. I will ask for staff comments and as I open this public hearing. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I have had ex pane involvement in this item and it would be appropriate for me to excuse myself. De Weerd: Okey dokey. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a vacation on Lots 4 and 5, Block 3, Sond Subdivision. The site consists of .45 of an acre of land, zoned R-4, located at 1080 North Crystal Cove Avenue, west of North Black Cat Road and approximately a quarter mile south of West Meridian City Council July 17, 2012 Page 20 of 28 Cherry Lane. The applicant requests approval to vacate the two five foot wide public utility drainage and irrigation easements located on the interior shared lot line between Lots 4 and 5, Block 3, of Sond Subdivision. The two lots have been combined into one property through a property boundary adjustment and record of survey. The applicant states there are no utilities within the PUDI easements. All public utilities, Idaho Power, Century Link, Cable One, Intermountain Gas, along with the Sond Subdivision homeowners association, have given consent to relinquish #heir easements. Approval of the subject vacation will allow the applicant to construct a home over the easement area. There are no outstanding issues for the City Council. Greg Renfrow, the applicant, submitted written testimony in agreement with the staff report and staff recommends approval of the proposed vacation. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Does the applicant have any additional comments? Good evening. If you will, please, state your name and address for the record. Renfrow: Yes. My name is Gregory Renfrow. i live at 11870 West Tidewater Drive in Boise, Idaho. Hopefully within a month I will be a new Meridian City resident. First of all, I'd like to thank Councilman David Zaremba for taking the lead on this issue and helping me get my project back on track. He saved me quite a bit of money and time, because I also have a second project in -- across the street where I was building both homes at the same time. 1'd also like to thank Bruce Chatterton for -- he is the director of the community Development Services for recognizing the city's oversight and, then, coming to a resolution to also help me get my project back on track. And I believe the city has done the right thing by hiring Bruce to oversee the -- the departments, to help streamline these processes and make it -- assistance to be able to continue with their projects and not have delays through miscommunication with different departments. And that's all I have. Thank you. De Weerd: Thank you. Council, any questions? Bird: I have none. Haaglun: I don't know, Madam Mayor. You know, I got to fiind out from Greg, did Bruce pay you to say that? He's new. You know, I don't know if he -- no. That was good. We appreciate hearing that. Renfrow: This is a case where we were first told -- you knave, I just need to do a lot line adjustment and, then, we got the permit and the permit department said, no, you need to vacate the easement and I had both projects going at the same time, just to save costs. So, it was a situation where there is, you know, one department not knowing what the other one's processes are. So, 1 think this is a good case and I think Bruce agrees with you. You know, this is a good example of why you needed to do what you Meridian City Council July 17, 2012 Page 21 of 28 need -- that you have done, to streamline these processes and so both sides know what they are talking about. Chatterton: Madam Mayor and Council Members, I just want to mention I really appreciate Mr. Renfrow's help as well. We had standard operating procedures in place for a situation like this. Unfortunately, they weren't the right standard operating procedures. They were based upon a literal reading of state law about which easements needed to be -- could be administratively vacated and which needed a public hearing and with the help of the city attorney's office we had to do a lot of digging and Mr. Renfrow's patience, to -- to realize that there was same case law, which distinguished these things. We now -- our -- our SOPs are correct in this case now. So, we very much appreciate Mr. Renfrow's forbearance and help in getting this done. We were able to do something which we don't normally do, which is allow building permits to be -- to be pulled and construction to proceed prior to vacation of the easement. Not a great practice, but now we know. De Weerd: Interesting. Well, thank you. We always need a Guinea pig to -- thank you for -- okay. This is a public hearing. Is there anyone who would like to offer testimony on this item? Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on Item 8-E. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on 8-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for vacation for Item 8-E, number 12- 001, and let it move forward in the processes it needs to follow. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian Cify Council July 17, 2012 Page 22 of 28 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. Public Hearing: VAR 12-002 Meridian Town Center by Idaho Electric Signs Located Northeast Corner of N. Eagle Road and E. Fairview Avenue at 2200 N. Eagle Road Request: Variance to UDC 11-3D-8F.4d to Exceed the Maximum Background Area Allowed of 200 Square Feet for Free-Standing Signs De Weerd: We are at Item 8-F, which is a public hearing on VAR 12-002. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Councilmen. The next application -- and the last application before you is a variance for Meridian Town Center. This site consists of 80 acres of land, zoned C-G, located on the northeast corner of Fairview and Eagle Roads. The applicant requests approval of a variance to Unified Development Code 11-3B- 8F4D, which allows properties exceeding 750 feet of linear street frontage an additional sign height up to 35 feet and background area up to 200 square feet for free standing signs. Only one such sign is allowed per 750 feet of frontage. The applicant proposes five of these type of signs with a background area of 355 square each, 155 square feet over the allowed amount for each sign. Staff has done a complete analysis of the signage on the number of allowed versus proposed signs and background area for the overall site based on the street frontage as shown on each lot on the approved final plat. Based on staff's analysis the property as a whole is allowed a total of 28 20 foot tall signs with a maximum background area of 80 square feet each and a total of 35 foot tall signs, with a maximum background area of 200 square feet each for a collective maximum background area of 2,240 square feet. Instead of utilizing the maximum number of smaller signs allowed on the site, the applicant proposes to decrease the number of smaller signs from 28 to 11, for a reduction in the overall allowed background area of 1,360 square feet. The applicant proposes to transfer a portion of this area that they aren't using to the five larger signs and increase the maximum background area on each sign from 200 square feet to 355 square feet, for an overall increase of 775 square feet. The applicant is not proposing an increase in the height limit for any signs on the site. The total proposed background area for signage on the site is 1,655 square feet, which is actually a decrease of 585 square feet from what is allowed. And the total number of signs proposed is 16, which is a reduction of 17 signs from what is allowed. There has been no written testimony on this application received by the city. Because the overall number in the background area of the signs are proposed to be reduced significantly over what is allowed by the Unified Development Code, staff finds that granting a variance would not allow a right or a special privilege that is not otherwise allowed in the district. Further, staff did not find that granting the proposed variance would be detrimental to the public health, safety, and/or welfare and, actually, is of the opinion that public safety and welfare may be increased by reducing the number of signs on this site, providing less of a distraction to the motoring public. Lastly, because there are no site conditions that prohibit compliance with the UDC, staff finds that Meridian City Council July 77, 2092 Page 23 of 28 granting a variance does not relieve an undue hardship because of characteristics of the site. Although staff is of the opinion that signage proposed by the applicant for the site is superior to what is allowed by the UDC, staff cannot recommend approval of the variance, because all the findings cannot be met. Therefore, staff recommends denial of the proposed variance. De Weerd: Thank you. Chatterton: Madam Mayor and Council Members. Pardon me. If I could add. Staff is very much in agreement with the intent of this request, but as Sonya just said, because we couldn't meet all of three of those findings -- one of them is problematic -- we thought that we were at the limit of our discretion under the code. Just wanted to point that out. i think she said it in other words. De Weerd: Yes. Superior is what I believe I heard, so -- Council, any questions for staff at this time? Rountree: I have none. De Weerd: Okay. Would the applicant like to make comment? However, I think staff did a great job arguing your case. Lipsett: I don't think I can add much to that. De Weerd: if you will, please, state your name and address for the record. Lipsett: My name is Dan Lipsett. I'm a project manager with Center Cal Properties. I live at 973 North Yarmouth Place in Eagle. De Weerd: Thank you. Lipsett: The whole intent -- we know we -- we see the square footage, but we think the effort -- we are trying to enhance the area over what is allowable by code. We think that -- De Weerd: Can you speak a little closer to the mike? Thank you Lipsett: Sorry. We think that less signs on the -- on Eagle Road and on Fairview enhance the whole thing and make it a better project and our tenants will appreciate it more. I think the public will as well. So, that's part of the nature of why we are giving up rights to same signs, to reduce some clutter. De Weerd: Okay. Council, any questions for the applicant? Rountree: Madam Mayor? Meridian City Council July 17, 2012 Page 24 of 28 De Weerd: Mr. Rountree. Rountree: I appreciate that, your last comment. My question deals with that. Are you going to have CC&Rs or conditions of occupancy that would not allow temporary signs in your landscaped areas around the facilities? Lipsett: Temporary signs of what nature? Rountree: Well, we have temporary signs crop up all over town. Lipsett: Right. Rountree: But our sandwich boards that don't meet statute and signs that do meet statute, but some are in the way of other signage and that sort of thing. Lipsett: So, you're asking me once we are occupied and we have tenants in and controlling the type of signs that they might put out, yes, there will be restrictions. Rountree: Okay. Lipsett: Center Cal runs a pretty tight reign and has an active management program within our subdivision -- or within their developments and the enhancement of the development for all of the tenants is something we strive for. Rountree: Terrific. Thank you. De Weerd: Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It seems like a good idea and well-intended. Let me start off by saying that my one hesitancy is we have been having a problem around the whole city with -- I think they are called electronic changeable -- they are like a television screen now, the newest ones, they are like a television screen and many of them are programmed to be very distracting and obtrusive to drivers and people thereby. Understand the purpose of the sign is to advertise and to get people to notice that businesses are there, but are these going to be static or do you envision any of these as having the electronic component to them? Lipsett: There is no electronic component. There will be just a constant on or constant off light source within the cabinet. Zaremba: Great. Thank you Meridian City Council July 17, 2012 Page 25 of 28 De Weerd: Okay. Thank you so much. Lipsett: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to offer comment on this item? Council, any further questions for staff or applicant? Hoaglun: Madam Mayor, not a question for staff, but just a thank you to Sonya and whoever worked on these to give us the figures on the square footages and all that analysis to go through this and how you arrived at your conclusion. Of course, we know you got boxes to check and that's as far as you can go and -- but appreciate that analysis, that helps us make this determination. Watters: Thank you, Councilman Hoaglun. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more, I move we close the public hearing on VAR 12-002. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-F. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAR 12-002 and incorporate staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-F. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, I don't think there was evidence as to what the undue hardship and I think that was the question that staff was asking is under the statutory requirement for a variance we have to establish an undue hardship or otherwise your variance would, then, grant -- grant everything to everyone. So, if the Meridian City Council July 17, 2012 Page 26 of 28 undue hardship is the fact that they are adjacent to a state highway and what they are looking to do is instead of having larger signs and more signs, we are trying to encapsulate them into fewer signs, so that they are more visible from a state highway that has a little higher speed limit than an arterial or a local street. That may be a hardship based on the site. But we need something to make the finding. That's the -- that's -- if you recall that was -- that was the problems they had, if they had two of them where they couldn't make that hardship one. So, if the hardship is the site's location, then, that's at least something to give us something to hang our hat on to deal with, because you may get other requests for similar signage of this type and this one, because I think the safety aspect was what they were promoting and the -- adjacent to the highway was the reason they wanted more safety. If that's what you feel that's appropriate hardship, then, maybe if you put that as part of your motion that would be helpful. Bird: And I have no problem doing that, but I thought when I incorporated the staff -- I think Bruce and Sonya pretty well explained what the hardship was on the last item. Nary: I have no -- they just said they didn't have the hardship. Bird: Okay. I have no problem, then, including that hardship because of the state highway. Rountree: Madam Mayor? De Weerd; Mr. Rountree. Rountree: I would add to that that it's not just the state highway, it's Fairview Avenue, intersection of probably the highest capacity of an intersection in the state of Idaho. Bird: And the maker of the motion agrees with that. Add to the motion. De Weerd: And second agrees? Rountree: Yes. De Weerd: Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. G. Amended onto the Agenda: Resolution No. 12-854: A Resolution Vacating a 1Q Foot Wide Public Utility Drainage and Meridian City Council July 17, 2012 Page 27 of 28 Irrigation Easement Centered on the Common Line Between Lot 4 and 5, Block 3 of Sond Subdivision (VAC 12-001) De Weerd: Item 8-G is Resolution 12-854. Madam Clerk, will you -- oh, you don't need to read this. Council, any questions on this item? Nary: Madam Mayor? Madam Mayor, Members of the Council, this is just a document for the Sond Subdivision so we can record it, so they can get that -- the -- those eliminated so they can get a building permit. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval Resolution No. 12-854. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-G. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, abstain; Hoaglun, yea. De Weerd: All ayes by those that voted. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 9. Future Meeting Topics De Weerd: Any items under consideration far Item 9 on Future Meeting Topics? Hearing none -- Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: I don't have a future meeting topic, I just wanted to -- something I should have done awhile back, offer you and Councilman Zaremba congratulations. I think you're elected third vice-chair over the Association of Idaho Cities and Councilman Zaremba you're our District 4-A representative. Zaremba: 3-A. Hoaglun: 3-A. So, appreciate you guys stepping in those leadership positions and appreciate the work that you're willing to do for that, so -- Meridian City Council July 17, 2012 Page 28 of 28 Zaremba: Thank you. De Weerd: Thank you. Okay. If there is nothing further, I would entertain a motion to close this meeting. Rountree: So moved. Hoaglun: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:09 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~~- ~~ ~ i z~ i ~u r MAYOR TA DE WEERD DATE APPROVED n rrrr~r.