Loading...
HomeMy WebLinkAbout2012-08-21~~E IDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 21, 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 Pastor Burton Roberts with Legacy Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (Pg 2-3) A. Approve Minutes of August 7, 2012 City Council Special Meeting B. Approve Minutes of August 7, 2012 City Council Special PreCouncil Meeting C. Approval of Task Order 10162e "WWTP Turbo Blower Installation Controls System" to CH2M HILL Engineers for the Not-To-Exceed Amount of $81,050.00 D. Approval of New Beer License for Wild Bill's BBQ Inc. dba Wild Bill's Barbeque located at 1551 West Cherry Lane #102. E. Findings of Fact, Conclusions of Law for Approval: MDA 12- 006 David Kleiner Property by CarMax Auto Superstores West Coast, Inc. Located at Northwest Corner of E. Fairview Avenue and N. Venture Street Request: Modification to the Development Agreement for the David Kleiner Property to Allow "Vehicle Repair, Major or Minor" and "Vehicle Sales or Rental and Service" as Principal Permitted Uses and a "Vehicle Washing Facility" as an Accessory Use Only on the Eastern Portion of the Site. Additionally, the Requirement for Meridian City Council Meeting Agenda -Tuesday, August 21, 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. Fencing to be Provided Along the West Edge of the Street Buffer on the East Boundary of the Site Adjacent to Venture Subdivision is Proposed to be Modified to Only Require Fencing North of E. Venture Place Item moved off of consent agenda to item 6E (Page 4-6) F. Final Order for Approval: FP 12-014 Larkspur Subdivision No. 4 by JLJ Enterprises Located at 240 E. Edmonds Court Request: Final Plat Approval of Twenty-Eight (28) Building Lots and Two (2) Common Lots on Approximately 6.71 Acres in an R-8 Zoning District G. Final Order for Approval: FP 12-015 Larkspur Subdivision No. 5 by JLJ Enterprises Located 240 E. Edmonds Court Request: Final Plat Approval of Eight (8) Building Lots and Two (2) Common Lots on Approximately 2.36 Acres in an R-8 Zoning District H. Access and Parking Easement Agreement Between the Meridian Joint School District #2 and the City of Meridian I. Resolution No. 12-865: VAC 12-003 Larkspur No. 4 by JLJ Enterprises Located 240 E. Edmonds Court Request: Vacate a portion of Edmonds Court Right-of-Way (0.11 Acres) Platted with the Edmonds Subdivision 6. Items Moved From Consent Agenda item 5E Moved off of Consent to item 6E (Page 4-6) 7. Action Items A. FP 12-017 Paramount Subdivision No. 21 by Brighton Development, Inc. Located on the Northwest Corner of N. Meridian Road & W. Producer Drive Request: Final Plat Consisting of 38 Single-Family Building Lots and 4 Common/Other Lots on 12.48 Acres of Land in an R-8 Zoning District Approved (Page 6-7) B. FP 12-016 Spurwing Grove No. 4 by Brighton Development, Inc. Located at Approximately 1/4 Mile North of Chinden Boulevard and a 1/4 Mile East of N. Black Cat Road Request: Final Plat Consisting of 23 Residential Building Lots and 1 Common Lot on 8.46 Acres in an R-8 Zoning District Approved (Page 7-8) Meridian City Council Meeting Agenda -Tuesday, August 21, 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. C. Public Hearing: MCU 12-002 Accolade Apartment Project by Perry Homes Located South of E. Overland Road, West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Conditions of the Conditional Use Permit Approved Approved (Page 9-18) D. Public Hearing: MDA 12-004 Accolade Apartments by Perry Homes Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Recorded Development Agreement Approved for the Accolade Apartment Project Approved (Page 9-18) 8. Department Reports A. Parks and Recreation Department: License Agreement between the Nampa-Meridian Irrigation District and the City of Meridian Regarding the Maintenance Facility property located at 1700 E. Lanark in Meridian Approved (Page 18-20) 9. Future Meeting Topics None Adjourned at 7:51 p.m. Meridian City Council Meeting Agenda -Tuesday, August 21, 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 August 21, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, August 21, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Clint Dolsby, Mike de St. Germaine Perry Palmer, 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 De Weerd: Okay. I will go ahead and welcome you all -- it's nice to see you, Burton -- to our City Council meeting. For the record it is Tuesday, August 21st. It's 7:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Burton Roberts with Legacy Church De Weerd: We are very blessed to have Pastor Burton Roberts with us tonight to lead us in our community invocation. If you will all take an opportunity to join us in the community invocation or take this as a moment of reflection. Thank you for joining us. Roberts: You're welcome. It's always my privilege to be here and once again I found myself thinking today about the word invocation, realizing that in the strictest meaning of it we are invoking or inviting God, our Heavenly Father, to be with us tonight. I wonder if we are really comfortable with that, to think that all of our thoughts and all of our deliberation is in the presence of the Heavenly Father. So, it's my privilege to invite him to be here. Let us pray. Most gracious and kind Heavenly Father, we are thankful that in your grace and in your mercy you are able to come and watch over and care for us. Guard and keep us, strengthen us daily, and I ask, Father, that you would bless our Mayor and the Council, those that labor so hard to keep our city going in a wonderful direction. Tonight, Father, we ask truly that you would watch over, bless us as a city, Meridian City Council August 21, 2012 Page 2 of 21 bless us as a state, bless us as a nation, cause our hearts to truly be aware of the powerful presence of a living God. It would please us, Father, if you would bless us this night and we ask all these things in Jesus' wonderful and mighty name, amen. God bless you all. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items to note. Under 5-E we need to move this to Item 6. Remove it from the Consent Agenda. And Item 5-I is Resolution No. 12-865. And with those changes, 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. Approve Minutes of August 7, 2012 City Council Special Meeting B. Approve Minutes of August 7, 2012 City Council Special PreCouncil Meeting C. Approval of Task Order 10162e "WWTP Turbo Blower Installation Controls System" to CH2M HILL Engineers for the Not-To-Exceed Amount of $81,050.00 D. Approval of New Beer License for Wild Bill's BBQ Inc. dba Wild Bill's Barbeque located at 1551 West Cherry Lane #102. E. Findings of Fact, Conclusions of Law for Approval: MDA 12- 006 David Kleiner Property by CarMax Auto Superstores West Coast, Inc. Located at Northwest Corner of E. Fairview Avenue and N. Venture Street Request: Modification to the Development Agreement for the David Kleiner Property to Allow "Vehicle Repair, Major or Minor" and "Vehicle Sales or Rental and Service" as Principal Permitted Uses and a Meridian City Council August 21, 2012 Page 3 of 21 "Vehicle Washing Facility" as an Accessory Use Only on the Eastern Portion of the Site. Additionally, the Requirement for Fencing to be Provided Along the West Edge of the Street Buffer on the East Boundary of the Site Adjacent to Venture Subdivision is Proposed to be Modified to Only Require Fencing North of E. Venture Place Item moved off of consent agenda to item 6E F. Final Order for Approval: FP 12-014 Larkspur Subdivision No. 4 by JLJ Enterprises Located at 240 E. Edmonds Court Request: Final Plat Approval of Twenty-Eight (28) Building Lots and Two (2) Common Lots on Approximately 6.71 Acres in an R-8 Zoning District G. Final Order for Approval: FP 12-015 Larkspur Subdivision No. 5 by JLJ Enterprises Located 240 E. Edmonds Court Request: Final Plat Approval of Eight (8) Building Lots and Two (2) Common Lots on Approximately 2.36 Acres in an R-8 Zoning District H. Access and Parking Easement Agreement Between the Meridian Joint School District #2 and the City of Meridian I. Resolution No. 12-865: VAC 12-003 Larkspur No. 4 by JLJ Enterprises Located 240 E. Edmonds Court Request: Vacate a portion of Edmonds Court Right-of-Way (0.11 Acres) Platted with the Edmonds Subdivision De Weerd: Item 5. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As noted, Item 5-E is removed from Consent Agenda and will be taken up under Item 6. And 5-I is Resolution No. 12-865. With that I move approval of the Consent Agenda as amended and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council August 21, 2012 Page 4 of 21 MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda E. Findings of Fact, Conclusions of Law for Approval: MDA 12- 006 David Kleiner Property by CarMax Auto Superstores West Coast, Inc. Located at Northwest Corner of E. Fairview Avenue and N. Venture Street Request: Modification to the Development Agreement for the David Kleiner Property to Allow "Vehicle Repair, Major or Minor" and "Vehicle Sales or Rental and Service" as Principal Permitted Uses and a "Vehicle Washing Facility" as an Accessory Use ®nly on the Eastern Portion of the Site. Additionally, the Requirement for Fencing to be Provided Along the West Edge of the Street Buffer on the East Boundary of the Site Adjacent to Venture Subdivision is Proposed to be Modified to ®nly Require Fencing North of E. Venture Place Item moved off of consent agenda to item 6E De Weerd: We did remove Item 5-E off of the Consent Agenda to discuss under Item 6 and so I will ask for staff comments at this time. Friedman: Thank you, Madam Mayor, Members of the Council. When you approved the develop agreement modification for the Kleiner property here a couple weeks ago for the CarMax project, there had been a condition in there that the entire parcel be subdivided in order to create two lots, one for which would be developed as CarMax and one would be developed at a later time. At that time it was our understanding that there -- even though there were two parcels there they had been created just by record of survey and there was some question as to the legality of those parcels for obtaining a development permit. Subsequent to that we -- as in Sonya, who is not here tonight, have been doing a lot of sleuthing and working with the applicant's attorneys and unraveling a series of deeds and property boundary adjustments and one time splits that were approved through Ada County and we subsequently determined that those are, in fact, legal lots -- buildable lots, so that we are recommending that the condition to subdivide the property be removed from the development agreement and that it be replaced with the dedication of right of way along the project site for the construction of -- finishing the construction and widening of Elden Gray Lane and North Venture Street and so we would ask that you replace the requirements to subdivide that with the requirements of the dedication of that right of way. De Weerd: Okay. Thank you. Any questions from Council? Bird: I have none. De Weerd: Any comment from Mr. Nary? Meridian City Council August 21, 2012 Page 5 of 21 Nary: No, Madam Mayor. I think the applicant's attorney is in the audience as well and in agreement with the staff's recommendation. De Weerd: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm sorry, slow on the uptake, but I do have a question. De Weerd: Okay. Zaremba: We have been given a memo that comments that the right of way for the full width of Elden Gray Way will not only be on this parcel, but on the original other half of the parcel and do we need to get that further into the record somehow or is that already established? Friedman: Madam Mayor, Members of Council, Council Member Zaremba, I think in order to keep this as clear as we can, the modified development agreement only applies to that parcel 3-B, which is the CarMax site. So, we couldn't require Mr. Kleiner to dedicate it through this -- through this modification. However, as you will know, we just added that for your information that through his contractual arrangements with the purchasers, with CarMax, that the entire right of way will be dedicated and the road widened. The safety net there also is that if that isn't going to occur we would certainly get it at the time of development of parcel 3-A, but we are confident that with the information that Mr. Kleiner presented to us this afternoon that it will be widened and constructed. It's a very small amount of right of way and most of the road is already built, as you know. Zaremba: Thank you. Friedman: But I would defer to Ms. Nelson if you have any other questions about that. De Weerd: Well, yeah, call us a little skeptical, because we have heard certain assurances before. Friedman: I would never do that. De Weerd: Would you like to make comment? There is no comment from the applicant's representative. Any questions for her on this? No. Okay. Do I have a motion? Zaremba: This was not a public hearing; right? Meridian City Council August 21, 2012 Page 6 of 21 De Weerd: No. Zaremba: Then Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve the newly modified MDA 12-006 and that this new condition be included in the Finding of Facts and Conclusions of Law for approval. Bird: Second. De Weerd: I have a motion and a second to approve this item with the changes and, Mr. Nary, those will be brought back next week? Nary: No. I think the changes have been made, Madam Mayor. De Weerd: Oh. Okay. Okay. Any discussion? No? Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Action Items A. FP 12-017 Paramount Subdivision No. 21 by Brighton Development, Inc. Located on the Northwest Corner of N. IVleridian Road & 11V. Producer Drive Request: Final Plat Consisting of 38 Single-Family Building Lots and 4 Common/Other Lots on 12.48 Acres of Land in an R-8 Zoning District De Weerd: Okay. Item 7 under Action Items, the first Item is FP 12-017. I will turn this over to staff at this time. Parsons: Thank you, Madam Mayor, Members of the Council. First application this evening is Paramount Subdivision No. 21. It's located northwest of the North Meridian Road and West Producer Drive intersection. Just recently at the beginning of this month the Council did approve the preliminary plat for Paramount North. This is the first phase of that. And before you is the approved preliminary plat. The proposed plat consists of 38 lots and four common lots. The property is currently zoned R-8. The proposed final plat does comply with the approved preliminary plat. The applicant has submitted comments in agreement with the staff report. To my knowledge there aren't any outstanding issues before you this evening and at this time I'd stand for any questions you may have. Meridian City Council August 21, 2012 Page 7 of 21 De Weerd: Thank you, Bill. Any questions from Council? Bird: I have none. Rountree: I have none. De Weerd: Does the applicant have any comment? Yes. Oh. Okay. The applicant has stated is agreed with staff comments. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more discussion or stuff needed, I move we approve FP 12-017 and include staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-A. 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. B. FP 12-016 Spurwing Grove No. 4 by Brighton ®evelopment, Inc. Located at Approximately 1/4 Mile North of Chinden Boulevard and a 1/4 Mile East of N. Black Cat Road Request: Final Plat Consisting of 23 Residential Building Lots and 1 Common Lot on 8.46 Acres in an R-8 Zoning District De Weerd: Item 7-B is final plat 12-016. I will ask for staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council. This, again, is another final plat for Spurwing Grove No. 4. This is the fifth final plat that's proposed for the Spurwing Greens Subdivision that was approved in 2010. The proposed plat consists of 23 buildable lots, one common lot on 8.46 acres of land. Open space is minimal with this plat as it's just basically an extension of what's happening. But the overall open space approved with the preliminary plat does exceed 38 acres. So, it's pretty substantial, although this phase will have some parkways and a small micro path lot. Again, the plat does comply with the approved preliminary plat. This exhibit here shows you where phase four lies with the -- in relation to the approved preliminary plat. Again, here is the landscape plan. The applicant has submitted comments that they are in Meridian City Council August 21, 2012 Page 8 of 21 agreement with the conditions in the staff report. To my knowledge there aren't any outstanding issues before you this evening and at this time I'd stand for any questions you may have. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Applicant have any comments? If you will, please, state your name and address for the record. Wardle: Yes, Madam Mayor, Members of Council. Mike Wardle, Brighton Corporation, 12601 West Explorer Drive in Boise. I just wanted to note our appreciation to staff. These are the last two plats that we plan to get paved before winter sets in, assuming that it does come this year. And they have really been very helpful in getting these through the process in a very timely manner. So, I just want you to know that working with your staff on virtually all of the applications that we have been dealing with and that includes many, has been very very productive and satisfactory. So, that's all I wanted to say. De Weerd: Thank you, Mike. Wardle: Thank you. De Weerd: Anything further from the Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 12-016 and to include staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-B. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council August 21, 2012 Page 9 of 21 C. Public Hearing: MCU 12-002 Accolade Apartment Project by Perry Homes Located South of E. Overland Road, West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Conditions of the Conditional Use Permit Approved D. Public Hearing: MDA 12-004 Accolade Apartments by Perry Homes Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Recorded Development Agreement Approved for the Accolade Apartment Project De Weerd: And thank you for your kind remarks. Item 7-C and D are public hearings on MCU 12-002 and MDA 12-004. I will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next items relate to the Accolade Apartments in which you guys acted on back in February 2012. It was a different project at that time. Certainly the applicant's here to propose some changes to you this evening. This project is within the Gramercy development, which was approved in 2006. It's located south of Overland Road in between East Blue Horizon Drive and just north of Ridenbaugh Canal. The aerial that's before you this evening shows how much of the site will develop. It's approximately 11.18 acres. It has been preliminary platted, but not final platted as of this date. Requirement of the conditional use permit is that they obtain approval -- or record a final plat prior to getting any occupancies of the structures on the site. One thing that I wanted to point out to Council as well is the property is rezoned to R-40, even though this exhibit doesn't display that. So, the plan on the left-hand side is what was approved in February and the new plan is on the right. You can see the applicant has reoriented this site, decreased the number of buildings, of course, increased the open space. I think overall I believe they have linked the open space, the parking and the apartments a little bit better. So, open space has increased tremendously over the previous plan as well. I'd also let you know that there is more carports planned for the development and also more garages. Amenities include the clubhouse still, a swimming pool, a sitting pavilion and also this large central open space now with the interconnected pathways. The applicant -- along the east boundary there is a five foot multi-use pathway constructed within the EI Dorado Subdivision as well. The applicant as provided three connection points with this -- linking this subdivision with the walkway in EI Dorado as well. So, overall staff feels connectivity has increased tremendously. The one item that was -- of course, with this change come changes with the landscape plan and one of the items that was kind of contentious during the previous hearings was that landscaping along the south and southwest boundary. And I will go into that a little bit further as I get to Meridian City Council August 21, 2012 Page 10 of 21 the site plan, but I did want to let you know that and those were some items that were discussed at the Commission as well. So, going back to their plan, what the applicant's proposing to do is construct a two foot berm along the south and southwest boundary, which includes a mix of trees, both three inch caliper deciduous and eight foot tall conifers. It will have ornamental grasses and shrubs. If you recall along this southwest portion as well there was an ACRD seepage bed -- underground seepage bed that did not allow structures to go over them or -- so, the applicant oriented the site to basically get that parking and those structures away from them, which is a bonus. But in doing so they have opened up some of that development to the view of the adjacent neighbors. During the Planning and Zoning Commission hearing the neighbors felt like they were left out of the process. The Commission did the right action and continued this item and had them go back and work with the neighbors. So, moving forward tonight, this is the plan that the neighbors saw. This is what they agreed to. Staff is memorializing that in a DA before you this evening and I will go over some of these DA provisions a little later on in the presentation. Staff has also wanted you to know that the number of units is increasing slightly. So, originally you approved 264 units. This new plan is going to increase to 276. The previous plan also proposed a mix of one, two, and three bedroom units. This -- the changes before you this evening include one bedroom and two bedroom units only. So, no three bedroom units at all. The number of buildings have decreased, so you're looking -- the previous plan had a total of 12 buildings, a mix of eight-plexes and four-plexes containing 12 units and 24 units. These structures are a little larger in mass. One will have 24 units and the other one will have 36 units. So, before you this evening I only have one rendering of the proposed developed -- the proposed elevations and also what the existing -- what the proposed garages may look like. Building materials include a mix of board and batten, vertical siding and, then, of course, we have brick wainscoting to compliment the other brick buildings -- commercial building that front along Overland Road. The garage is proposed to use the same type of materials, just minus the wainscoting. If you look at this garage elevation, too, you will note that there is a rear elevation that has an architectural detail for some gable roofing. That is one of the commitments that the applicant made to the homeowners for those garages that front along the southern boundary of the site and that's included in the recommended DA provision as well. The other thing I'd like to note to Council as well is given the change in the architecture between the traditional style and the contemporary style, height of the structures have changed. So, originally the three story contemporary look, it was measured to the top of the parapet and overall height was going to be 40 feet. With this new design and the way the UDC defines measure height of structures you typically go from the ground to the midpoint of the roof and the new units will be at 33 feet, seven inches. So, these buildings to the peak of the roof will be about 38, 39 feet, but the DA restricts them to 35 feet, so based on that measurement at 33.7, the proposed structures still comply with the requirements of the development agreement and ties them to a 35 foot height limit. And I know the neighbors had some concerns with that, but in staff's working with them and explaining that to them they realized that it's -- and given the difference in elevation between this site and their home site, it's really a minor change and they were agreed with the new architecture as well. So, during the P&Z hearing I will go over what transpired there real quickly and, then, we will go into the recommended DA provisions Meridian City Council August 21, 2012 Page 11 of 21 as well. So, speaking in favor at that hearing Matt Swain and Greg Johnson testified in approval -- in favor of the application. There were multiple folks -- I won't go into all the folks that testified, but they were in opposition to the project, and, then, numerous folks got up and testified again that they were on opposition and, then, we came back on the second, Council -- or Commission continued the action item, came back, and, then, the representative for the homeowners group came back and said they were in agreement with the proposed changes. So, I did want you to know that they did work things out and the plan that was before you this evening is reflect -- does reflect those changes. Commission did make some changes to the staff report -- in the conditional use staff report I should say. They struck condition 1.1.1, bullet number one. They were -- the applicant was required to bring back -- bring forth a revised landscape plan, which they did. And, then, also the revised elevations that are presented to you as well. So, moving forward this evening, before you are the recommended DA provisions that I am proposing to Council this evening. Basically restricts them to the number of units they are proposing, 276. Ties them to the additional garages and the number of carports and also the amenities that I presented to you. Also we are requiring the applicant to comply with the submitted -- substantially comply with the submitted elevations that I presented to you. Keep in mind that with this DA provision staff is wanting to see a second variation of that elevation. We don't want a monotonous theme in there, so possibly that 36 unit building should have a little different flavor or mix of materials to compliment the development and also the garages could use acouple -- a mix of materials. We do not have a clubhouse elevation for you this evening, but it has been conditioned that they construct the clubhouse with similar materials as the proposed structures as well and, then, also the last point I want to mention for that provision is that staff has required that architectural detail on the rear of those garages on the south boundary as agreed upon with the neighbors. Again the height is limited to 35 feet. These buildings do comport with that. The applicant will have to -- prior to issuance of a CDC they have to submit their legal documents that shows who is going to maintain -- the one entity that's to maintain that entire project. I would also note to Council that the previous project was to be built in two phases. The applicant is going to construct this in one entire phase. The second -- the second to the last bullet point -- or, excuse me, the third to the last bullet point references the 130 acre odd spaces and they are to be used for automobile parking as the previous plan stated, just less garage parking with those sites. We have agreed that that was prudent to leave in. And, then, the other one was the secondary access -- or the third access for the development. So, if I could go back here and kind of explain what that provision is. Originally this -- two entrances are coming off of Blue Horizon here and based on fire code there is not enough separation between these two entrances into the development, so there has to be a third access point. Originally that access point was contemplated to be here in this corner. Given the redesign, the applicant has requested that the third access be moved down to the southern boundary and this will be designated a private street with their final plat application. So, staff is supporting that recommendation in conjunction with the fire department. Originally the neighbors had requested that that be a gated entrance, but given the importance of that access point fire could not support a gate in that location and that's what our DA recommendation going forward tonight states that there shall not be a gate placed there and that -- but the owners -- the owner of the five acre parcel has Meridian City Council August 21, 2012 Page 12 of 21 agreed with the neighbors to construct a berm outside of the fire lane there to screen the headlight from the neighborhood. So, because that's an off-site improvement and that was a concession made to the neighborhood, staff felt it appropriate to include it in the development agreement as well. And last, but not least, is -- the final provision deals with the south and southwest boundary. Again, that's what I was explaining to you with the two foot berm, the trees, and, basically, the landscape plan that you see before you. Staff has also beefed it up a little bit to include shrubs and taller grasses to be located where there is open parking in the southwest corner. The previous plan had all open parking in carports. If Council agrees with staff's recommendation -- DA provisions we are recommending that you add a condition of approval to the conditional use permit and basically we just want you to state that -- add a condition that says that the applicant will comply with all the provisions approved with the development agreement modification this evening. Felt that was easier to go that route than try to add four or five conditions on the conditional use permit. To staff's knowledge there aren't any other outstanding issues before you this evening and at this time I'd stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions at this time? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: The Item E there that all the garage spaces shall be used for apartment resident automobile parking, brings to mind another provision that I believe is in the ordinances somewhere that they must have a maintenance facility for storage for equipment and stuff like that. Do they have something like that separate from the garages? Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, they do. think they will probably use one of those garages or they intend to use something on the clubhouse. That clubhouse will serve as an office -- property office and -- and the clubhouse, so they should have some storage built into that. I'll let the applicant provide that -- those details haven't quite been worked out, but they are conditioned to provide that. Zaremba: Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question, Bill. On Item F where you talk about the owner of the five acre parcel to the south must construct a dirt berm. Is it conditioned on when that berm is Meridian City Council August 21, 2012 Page 13 of 21 going to be constructed or is that once they develop that property that they construct that dirt berm? Parsons: Madam Mayor, Members of the Council, Councilman Hoaglun, that's to happen with construction of this site. Hoaglun: Okay. Thank you. De Weerd: Okay. Anything further from Council at this time? Bird: I have none. De Weerd: Okay. Would the applicant's representative like to make comment? Good evening. If you will, please, state your name and address for the record. Swain: Good evening. My name is Matt Swain. I'm with Perry and Associates. We are the applicant for what is called the Accolade Apartments. I live at 219 Abrams Way in Fruit Heights, Utah. Thank you for having us here tonight. It has been good to work with Bill and staff and honing in and developing this project and I think the result of it has been a quality project. We have made some tweaks and changes based upon their input and also in working with the neighbors, which I think has really improved upon the site and we are grateful for that input. If I could I would like to reiterate just briefly a few of the things that Bill has touched on. We as a company are a privately held company. We develop apartment projects to own. We own and manage about 1,300 units between Boise, Idaho Falls, and Salt Lake City. Many of these projects we have owned for over 20 years and to my knowledge we have never sold a project. That was brought up in a number of the other meetings where there was concern with the ongoing management and as Bill mentioned we will be recording an agreement specifying the management procedures that we will be using to insure the ongoing management of this project. We will build it in one phase. We will manage it ourselves. We will own it ourselves. We are working to produce a Class A project here, consistent with the other projects we have in this market and due to that we have made the changes that have been kind of guiding principles behind what you see here. We have added numerous garages, which we feel adds to the appeal and the class of the project. We have really focused upon the inner core of the landscaping at central park as we call it as a guiding principle of our site plan. The connectivity to the adjacent properties and adjacent amenities was extremely important to us. As Bill mentioned, we have made numerous connections to the trail system outside of the project and tried to coordinate those with the trail system in the interior of the project. As I mentioned, we worked quite a bit with the neighbors and their representative. We focused a lot of our attention on this area down here on the south side of the property and the landscaping, as Bill mentioned. What we will be doing to minimize the impact on the neighbors -- and as I -- I call it pollution, transference of light and noise and other pollutants, between our project and the neighborhood to the south, is, obviously, we have put garage structures along that southern border. There are some openings between those garage structures in which we have placed a two foot berm and, then, we will be putting low lying shrubs and, then, Meridian City Council August 21, 2012 Page 14 of 21 trees above that. So, there will be an organic barrier between the garage structures. We have also agreed to upsize those trees above what code would require us to do to a three inch caliper tree. So, they will be more mature once they are put in at that location. We have always added as staff has recommended a number of trees along that east property line to comply with code and we have actually relocated the trees that would have been located here in the ACHD seepage bed throughout the central park. It's -- they are highlighted in kind of a lighter green color throughout the project. So, there were eight trees taken from that location and added elsewhere within the site. We went with the traditional architecture. We are a traditional company I suppose. All of our other projects are consistent with what you see here before you. The pitched roof we minimized to the degree that was possible with the input of the neighbors. The pitch of that is -- I forget the exact degree, but it's as low as we can make it and still have it function properly as a pitched roof. We have worked hard with the esthetics of this project. You might note that the chimneys on top of the roof line. We will be placing the majority of the roof penetrations within those chimney structures. So, you won't be seeing numerous penetrations along the roof line and make that a little bit more of an esthetic look from a distance. The landscaping, as I mentioned, was a major component of this site. We have added over 20,000 square feet of landscaping. We have also minimized the footprints of the building and so the -- the outcome of those two things is a better flowing project, more open space, and more livable space within the project itself. On the landscaping plan we have also -- code only requires that you place shrubs along the base of the structure that face streets. We have decided to take those plantings all the way around the entire structures. So, on all four sides of the buildings you will have shrubs planted around the base. That's an additional 500 or so plantings within the project. We feel like that, again, amplifies the site plan, the landscaping plan, and provides much more of a Class A feel to the future residences. Bill I think mentioned all of the materials we will be using. We will be, obviously, using those on the clubhouse as well. The brick feature on the sign that you see there on the corner is going to be reminiscent of the other brick structure that Gramercy has placed throughout the project with their brand, so to speak. The storage that's brought up -- think that was the only question that was referenced. We do plan on having storage on site either in the clubhouse or somewhere on site. We have done that in other projects within the clubhouse and that's a very reasonable place to locate the storage for our maintenance facilities. So, that is something that we will design into the clubhouse or somewhere else on site that is convenient for our personnel and is esthetically pleasing and fits into the -- to the site plan. We look forward to having along-term relationship in Meridian city. We are excited to be here. We have had a very positive experience working with the neighbors and the staff and the Commission to this point and look forward to creating this relationship and developing this project. I would be open to any questions at this point. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. Meridian City Council August 21, 2012 Page 15 of 21 Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Just to say thank you for answering mine. Appreciate that. De Weerd: Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Quick question, Mr. Swain. Bill had mentioned earlier about not having every building look identical. Is there going to be some things that you do to make that a little different, so -- Swain: We will certainly consider that. The materials that we will use will be consistent throughout all the buildings. I think that the color scheme may be the way we can provide some variation between the structures and that is something that we need to comply with as we go through zoning compliance is to do a color rendering in a number of different variations of that color scheme and have that discussion with -- with staff. Hoaglun: Which, Madam Mayor and Mr. Swain, it helps when people direct people coming to visit or something it's always nice they are not all the same, because people tend to get lost and make it stand out a little bit and go to this one, not that one. It's pretty easy. But it does -- it does help. You guys are in the business to make these very attractive to people and I'm sure you know how to do it, so -- Swain: Thank you. De Weerd: Any further questions from Council? Okay. Thank you. Swain: Thank you. De Weerd: Okay. This is a public hearing on Item 7-C and D. Is there anyone who would like to provide testimony on this item? Good evening. If you will, please, state your name and address for the record. Kovarik: Larry Kovarik. 2686 East Green Canyon, Meridian, Idaho. 83642. De Weerd: Thank you. Kovarik: Madam Mayor, Members of the Council, nice to see you tonight. Although the single family residents surrounding this area would have preferred a park, for the most part all of us do want to commend Matt Swain and his boss Bob Perry for sitting down Meridian City Council August 21, 2012 Page 16 of 21 with us and attempting to work out some of the problems that we -- we were seeing with landscaping and lights and noise and things along that line and for the most part the neighbors do welcome Perry and Associates to this area. We support them on this plan and we hope that in the future if there is any problems they will sit down and listen to us to try to resolve those problems. Thank you. De Weerd: Thank you. I appreciate that the dialogue is going both ways. So, that will be very important. Is there anyone who would like to provide further testimony? Yes. Merrill: My name is Taylor Merrill with West Park Company, 3488 South Merlot in Meridian, Idaho, is my address. De Weerd: Thank you. Merrill: I represent Gramercy, LLC, the owners and sellers of this project. Developers of Gramercy. And just to express a couple of concerns as well. We had this project originally approved by both Commission and Council and felt that we had a pretty good project. In being introduced and having a relationship established with the Perry group, we feel that the I.Q. of this project is a compliment to not only Meridian, but also our development and we have a lot of developing yet to do, both in the commercial and retail context out there, will be greatly complimented and feel that they are a real. find for us. As we see the marketplace a lot of flippers, if you will, or people that are coming and going and Perry having their management operation here in Boise, which they manage southern Idaho, as well as a lot of projects in northern Utah out of the Boise valley was -- and seeing some of their projects -- the three projects they have here, we feel very fortunate to be working with them and enthused that they will provide us with a real complimentary project, so that we can build on that as well. Also to neighbors, specifically Larry, we butted heads several times in having this initial approvals and also this in having worked with him and those people. It ended up being a -- I think a positive experience and the project also will reflect that. And also the staff in what they did. You guys have a great staff here and having introduced Perry to them and having that relationship that they have hoped to work a long way through as well to get this project, but I personally want to express my gratitude to staff in what they did to make this a better project and hope to be getting approved as will. Thank you, Mayor and Council. De Weerd: Thank you. Okay. Any further testimony? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearings on MCU 12-002 and MDA 12-004. Zaremba: Second. Meridian City Council August 21, 2012 Page 17 of 21 De Weerd: I have a motion and a second to close the public hearing on Item 7-C and D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, comment on 7-C? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MCU 12-002 and include all staff and applicant remarks. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-C. Any discussion by Council? Rountree: Madam Mayor, just a comment to express my appreciation to the folks in the area, Larry, and the developer and their representative for coming together and getting some consensus and bringing it forward here, as opposed to trying to do it here in an open forum. It's much easier and more productive to do it the way you did it and I really do appreciate everybody involved in this particular one, knowing the bridges you had to build and a couple you had to cross, so thank you. De Weerd: Thank you. And I think we all appreciate that dialogue. Anything further from Council? Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All eyes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 7-D. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve item MDA 12-004 and to include all staff and applicant comments. Hoaglun: Second. Meridian City Council August 21, 2012 Page 18 of 21 De Weerd: I have a motion and a second to approve Item 7-D. Council, any comments on this? Madam Clerk, roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Parks and Recreation Department: License Agreement between the Nampa-Meridian Irrigation District and the City of Meridian Regarding the Maintenance Facility property located at 1700 E. Lanark in Meridian De Weerd: Item 8-A under Department Reports. I will turn this over to -- it looks like Mike with the Parks and Recreation Department. Barton: Good evening, Madam Mayor, Members of the Council. We wanted to present this as a department report, this license agreement with Nampa-Meridian Irrigation, because it contains kind of an unusual condition, so we are seeking direction and -- and your approval. On the north side of our maintenance facility property there is a 60 foot easement that allows the irrigation district to maintain a concrete pipe -- a 42 inch concrete pipe that's known as the Evans Drain. Nampa-Meridian has drafted a license agreement for your signature that would allow us to encroach on that easement with permanent structures. The current plans call for the construction of material storage bins within that easement. If these or any other permanent improvements are made, then, the irrigation district is asking that the city take over or assume maintenance of that 42 inch concrete pipe. The drainage facility is -- it was constructed in 2007 and assessed by our civil engineer Ross Erickson with Erickson Civil. Forty-two inch concrete pipe, It's in good condition, new condition. Their assessment is that any heavy maintenance would -- would not come for years and years, that the only thing that we would be undertaking would be just light maintenance in the form of cleaning sediment and debris out of it. That type of operation would be conducted with a hydro vac truck or some apparatus to clean sediment out. To my knowledge since 2007 it hasn't been cleaned by the district yet and there is very little sediment in it presently. So, that cleaning we are assuming barring some major flood or flush would be every five years -- five or six years, something to that effect. The agreement has been reviewed by legal and is acceptable. So, if this agreement is not acceptable to Council, the maintenance of that pipe is not acceptable or something that we don't want to undertake. We can remove the storage bins and install gates and allow the restricted access across that easement and not maintain it. However, if we choose to do that it's liable to affect our future plans of a field house and any potential parking areas or permanent structures that would come at that time. So, we are comfortable taking that Meridian City Council August 21, 2012 Page 19 of 21 on, but we wanted to get your direction and feedback on this particular aspect of the license agreement. De Weerd: Thank you, Mike. Council? Zaremba: Madam Mayor? Rountree: Madam Mayor, just a question for Mike. Would the agreement allow us to utilize all of the property we own that is under easement to the district, so we could not only use it for storage facilities, we could fence it off and park and whatever? Barton: Correct. Rountree: Okay. Barton: Yeah. Everything except for building -- Rountree: Permanent foundations and -- Barton: Parking lot. Sidewalks. Fencing. Storage bins. It's pretty clearly defined. Rountree: Okay. De Weerd: Okay. Mr. Zaremba. Zaremba: Madam Mayor, thank you. On the assumption that the actual maintenance of that pipe would fall to our Public Works Department, have we had them involved in the discussion and do they have an opinion about whether or not we want to take on that responsibility? Barton: Madam Mayor, Councilman Zaremba, we haven't had a conversation with them. It's our assumption that we would contract a hydro vac truck -- I know we have one and I'm sure it's committed, but we haven't had that conversation, no. Hoaglun: Madam Mayor. Mike, what's the access point? Do you have to go quite a ways away from where it's over our property to -- to do that or is there access fairly near -- close to our property? Barton: Councilman Hoaglun, there is -- there is two manholes that we can access the drain from our property. We can go either direction with a vac truck. Hoaglun: Okay. And to follow up, then, would we just schedule our maintenance when they are going to schedule maintenance or are we going to be going in there every other year, every five years or are we just following what they are going to be maintaining? Meridian City Council August 21, 2012 Page 20 of 21 Barton: It would -- would more than likely just involve a periodic inspection by us. There is an open end on the east side and, then, a manhole cover and if the accumulation is something that it would reduce flow, that we would just make a decision to have it vac'd. Hoaglun: Okay. De Weerd: Any further questions? Rountree: Just a point of clarification. That would only entail that portion of pipe that's within our property description? Barton: Madam Mayor -- Rountree: Nothing further east or nothing further west? Barton: Councilman Rountree, that's correct. Rountree: Okay. Barton: Yeah. De Weerd: Thank you, Mike. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more, I would move that we approve this license agreement with Nampa-Meridian Irrigation and the City of Meridian, for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-A. Any discussion from Council? Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics Meridian City Council August 21, 2012 Page 21 of 21 De Weerd: Item 9 is Future Meeting Topics. Council, any topics for future meeting agendas? Okay. With that said, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:51 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) I l aa~v2. MAYO A Y DE WEERD DATE APPROVED 4QRP~~D AUC~sr ATTEST: fog- J