HomeMy WebLinkAbout2013-10-15CITY COUNCIL REGULAR
E IDIAN~ ' MEETING AGENDA
~'~~'~~T
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, October 15, 2013 at 6:00 PM 6:01 PM
1. Roll-Call Attendance
X_ David Zaremba t~ Brad Hoaglun
X_ Charlie Rountree Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Steve Moore with Ten Mile Christian Church
4. Adoption of the Agenda Adopted (Pg 1-2)
5. Consent Agenda approved (Pg 2-3)
A. Final Order for Approval: FP 13-038 Jack's Place Subdivision by Jack's and
Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4
Mile North of E. Victory Road Request: Final Plat Approval Consisting of Three
(3) Office Lots, Twenty (20) Residential Lots and Three (3) Common Lots on
Approximately 4.52 Acres in the Proposed L-O and R-8 Zoning Districts
B. Agreement with Kathy Drury-Bogle for Human Resources Consulting
C. Meridian Commons Subdivision Sewer and Water Main Easement
D. Multi-Use Pathway Easement for Reflection Ridge Sub. 2
E. Agreement with Nampa Meridian Irrigation District (NMID) to Allow the
Multi-Use Pathway to be Located within Their Easement in Reflection Ridge
Sub. 2
F. Approval of Task Order 0759b-D for Professional Services for "Ground
Water Level and Quality Monitoring with Aquifer Testing" to Hydro Logic,
Inc. for the Not-To-Exceed Amount of $100,000.00.
G. Approval of Ada County Highway District (ACRD) Change Order 57 for the
Meridian Split Corridor Phase 2 project (Island Landscaping) for the Not-
To-Exceed amount of $110,192.33.
Meridian City Council Meeting Agenda -Tuesday, October 15, 2013 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
H. Resolution No. ~r:.. °~~-_~ ~~~~~~: Resolution Amending The City of Meridian
Standard Operating Policies and Procedures Manual Regarding Policy 6.11
- Gifts and Gratuities and Adding a New Policy 7.2.1 -Use of Nicotine and
Tobacco Products
I. IRU Agreement with Syringa Networks for Dark Fiber, City of Meridian Dark
Fiber Route Description and Project Scope for the Not-to-Exceed Amount
of $1,367,000.00, and Operations and Maintenance Agreement with Syringa
Networks
6. Items Moved From Consent Agenda 6'Jone (Pg 3)
7. Department Reports:
A. Mayor's Office: Appointment of Human Resources Director (Pg 3-5)
8. Action Items
A. Public Hearing: CPAT 13-001 Comprehensive Plan Text Amendment by City
of Meridian Planning Division Request: Amend Certain Action Items
Contained in the Comprehensive Plan ~~ppr~:~~~~~~ (Pg 5-7)
B. Public Hearing: AZ 13-007 Hacienda South Subdivision by Jayo
Investments, Inc. Located East Side of N. Meridian Road; Midway Between
Chinden Boulevard and E. McMillan Road Request: Annexation of
Approximately 20.09 Acres from RUT in Ada County to the R-8 (Medium-
Density Residential) Zoning District P~E~proved with Conditions (Pg 7-24)
C. Public Hearing: PP 13-016 Hacienda South Subdivision by Jayo
Investments, Inc. Located East Side of N. Meridian Road; Midway Between
Chinden Boulevard and E. McMillan Road Request: Preliminary Plat
Consisting of Ninety-Three (93) Residential Lots, Thirteen (13) Common
Lots and One (1) Other Lot on Approximately 19.63 Acres in the Proposed
R-8 Zoning District A~~proved (Pg 7-24)
D. Public Hearing: VAC 13-005 Spurwing (AKA Spurwing Challenge) by The
Club at Spurwing, LLC Located on the North Side of Chinden Boulevard,
West of N. Long Lake Way Request: Vacate a Portion of the 12-foot Wide
Public Utilities, Drainage and Irrigation Easement (PUDI) Platted on Lot 78,
Block 1 of Spurwing Subdivision Approved (Pg 24-26)
E. Public Hearing: PP 13-020 Golden Valley Subdivision by Providence
Properties, LLC Located 4515 S. Locust Grove Road Request: Preliminary
Plat Approval Consisting of Twenty-Two (22) Single Family Residential
Building Lots and Four (4) Common/Other Lots on 7.56 Acres of Land in
the R-4 Zoning District Approved (Pg 26-31)
Meridian City Council Meeting Agenda -Tuesday, October 15, 2013 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
F. Public Hearing: PP 13-019 Copperleaf Subdivision by Providence
Properties, LLC Located at 4405 E. Ustick Road Request: Preliminary Plat
Approval Consisting of Sixteen (16) Single Family Residential Building Lots
and Four (4) Common /Other Lots on 2.82 Acres of Land in the R-8 Zoning
District ,~~pproved (Pg 31-37)
G. Public Hearing: MDA 13-016 Copperleaf Subdivision by Providence
Properties, LLC Located 4405 E. Ustick Road Request: Modification to the
Development Agreement to Remove the Requirement for Townhomes to be
Constructed on Two of the Building Lots and Inclusion of a Revised
Conceptual Development Plan and Building Elevations Approved (Pg 31-
37)
H. Public Hearing: TEC 13-006 Shops at Victory by DMG Eagle & Victory, LLC
Located 3210 S. Eagle Road Request: Two (2) Year Time Extension on the
Preliminary Plat in Order to Obtain the City Engineer's Signature on the
Final Plat and Request for a Two (2) Year Time Extension on the
Conditional Use Permit to Commence the Approved Use Approved (Pg 37-
41)
I. Public Hearing: TEC 13-007 Woodland Springs Subdivision by Woodland
Springs, LLC Generally Located on the Northeast Corner of N. Locust
Grove Road and E. McMillan Road Request: Two (2) Year Time Extension
on the Preliminary Plat for Woodland Springs Subdivision in Order to
Obtain the City Engineer's Signature on the Second Phase Final Plat
Approved (Pg 41-43)
9. Department Reports
A. Public Works DepartmentlEnvironmental Division Report: Updates to
Meridian Flood Damage Prevention Ordinance (Title 10, Chapter 6, Meridian
City Code) (Pg 43-44)
B. Community Development Department/Building 8~ Development Services
Division Report: Adoption of 2012 International Building Code, 2009
International Residential Code, 2009 International Energy Conservation
Code, and Local Amendments(Title 10, Chapter 1, Meridian City Code) (Pg
45)
C. Fire Department Report: Adoption of 2012 International Fire Code and
Local Amendments (Title 10, Chapter 4, Meridian City Code) (Pg 45-46)
10. Future Meeting Topics (Pg 47-48)
Adjourned at 7:56 PM
Meridian City Council Meeting Agenda -Tuesday, October 15, 2013 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council ®ctober 15, 2013
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday,
October 15, 2013, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Brad Hoaglun, Charlie Rountree, David
Zaremba, and Keith Bird.
Others Present: Bill Nary, Jacy Jones, Bruce Chatterton, Bill Parsons, Clint Dolsby,
John Overton, Perry Palmer, Steve Siddoway, David Allison, Brent Bjornson 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: Thank you. It's almost exactly 6:00 o'clock. Thank you for joining us here
this evening. For the record it is Tuesday, October 15th. It's 6:00 p.m. Madam Clerk,
will you start with roll call attendance.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in th,e
pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Steve Moore with Ten Mile Christian
Church
De Weerd: Item No. 3 is our community invocation, but I do not see Pastor Moore.
Item 4: Adoption of the Agenda
De Weerd: So, I will go ahead and move to Item No. 4, which is adoption of the
agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: One item to note. Under the Consent Agenda 5-H is Resolution No. 13-959.
With that, Madam Mayor, I move adoption of the agenda as printed.
Meridian City Council
October 15, 2013
Page 2 of 48
Rountree: Second.
De Weerd: I have a motion and a second to adopt the agenda as printed. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Final Order for Approval: FP 13-038 Jack's Place Subdivision by
Jack's and Jesse Place, LLC Located East Side of S. Meridian
Road, Approximately 1/4 Mile North of E. Victory Road Request:
Final Plat Approval Consisting of Three (3) Office Lots, Twenty
(20) Residential Lots and Three (3) Common Lots on
Approximately 4.52 Acres in the Proposed L-O and R-8 Zoning
Districts
B. Agreement with Kathy Drury-Bogle for Human Resources
Consulting
C. Meridian Commons Subdivision Sewer and Water Main
Easement
D. Multi-Use Pathway Easement for Reflection Ridge Sub. 2
E. Agreement with Nampa Meridian Irrigation District (NMID) to
Allow the Multi-Use Pathway to be Located within Their
Easement in Reflection Ridge Sub. 2
F. Approval of Task Order 0759b-D for Professional Services for
"Ground Water Level and Quality Monitoring with Aquifer
Testing" to Hydro Logic, Inc. for the Not-To-Exceed Amount of
$100,000.00.
G. Approval of Ada County Highway District (ACRD) Change
Order 57 for the Meridian Split Corridor Phase 2 project (Island
Landscaping) for the Not-To-Exceed amount of $110,192.33.
H. Resolution No. 13-959: Resolution Amending The City of
Meridian Standard Operating Policies and Procedures Manual
Regarding Policy 6.11 -Gifts and Gratuities and Adding a New
Policy 7.2.1 -Use of Nicotine and Tobacco Products
I. IRU Agreement with Syringa Networks for Dark Fiber, City of
Meridian Dark Fiber Route Description and Project Scope for
the Not-to-Exceed Amount of $1,367,000.00,
Meridian City Council
October 15, 2013
Page 3 of 48
De Weerd: Item 5 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: 5-H is Resolution 13-959. So, I would 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 a second to approve the Consent Agenda. 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.
Item 6: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 7: Department Reports:
A. Mayor's Office: Appointment of Human Resources
De Weerd: So, we will move right into Item 7, which is Department Reports. Council, I
am very pleased to bring this appointment of our HR director to you. In your packet you
do have information on this appointment. We have Patty Perkins in our audience and I
will ask her if she would like to say a few words in just a moment, but we are thrilled to
have Patty and the breadth of experience that Patty will bring to this office. Patty's
coming to us from T Mobile and prior to that she was involved as the HR director at
Wells Fargo Bank. Patty has been involved with T Mobile when they first opened their
operation here in the City of Meridian and, then, she was promoted up into a regional
role in their HR operations. So, we think that we hired the best -- well, we only do. And
we -- I'm just really thrilled to bring this appointment to you and ask if you have any
questions.
Bird: I have none.
Rountree: I have no questions, but welcome.
Meridian City Council
October 15, 2013
Page 4 of 48
De Weerd: Well -- so, I would ask for a motion and, then, I will ask Patty if she wants to
speak. We will let her speak after it's a done deal just in case.
Hoaglun: Madam Mayor?
De Weerd: Yes, Mr. Hoaglun.
Hoaglun: I move that we approve your appointment of Patty Perkins as Meridian's new
human resources director.
Rountree: Second.
De Weerd: I have a motion and a second. Any questions or comments?
Hoaglun: Madam Mayor, just a quick comment. Welcome, Patty, and we want to thank
Bill Nary for the many hats he's worn over the years, including HR director, and the city
finally grew big enough that we had to take one of those hats off, but we appreciate
everything Bill has done for us over those many many many years and all the hassles
he's had to deal with in juggling multiple departments, but -- so we welcome you, Patty,
and I know you have got someone who can give you good advice in what's gone on in
the past and we look forward to a bright future with you and the city.
De Weerd: Thank you, Mr. Hoaglun. And thank you for the comment to Mr. Nary.
Certainly I don't think we have had a director that's worn more hats than Mr. Nary has
and certainly he has brought this -- this area of our city a long ways from where it was
when he started. So, heartfelt thanks to you, Bill. 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.
De Weerd: Patty, would you like to make any remarks? And for the record Patty will
start next Monday and we will be excited to have her on board.
Perkins: Yes. I am thrilled to join the team and I want to thank all of you. Thank you for
your participation in the interview panel and I want to just say thank you for the
opportunity. I'm so looking forward to it.
De Weerd: Yeah. One other thing I didn't mention is Patty has been very interested in
re-engaging at the community level. You asked -- she certainly took a pay cut and --
but for her vacation last year she took a week off of vacation time to attend the
Northwest Community Development Institute, because she really wanted to understand
what happened at the community level and re-engage and so to me that was a great
Meridian City Council
October 15, 2013
Page 5 of 48
demonstration of her interest and commitment to municipality and all that makes that
tick. So, we did have -- Council, we did have -- arrange employee participation and
think everyone is very excited to have you on board, Patty. We are just thrilled that you
accepted our offer and look forward to working with you.
Perkins: Well, the feeling is mutual. Thank you very much. And I look forward to
Monday morning.
De Weerd: Me, too.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I would just like to add as Council Members we take on different departments
as liaisons. They are distributed among us. I have been the liaison to the combined
department and look forward to being your liaison as you come aboard. We change
those in January, so it won't be for very long --
Perkins: Okay.
Zaremba: -- but I'm looking forward to working with you and thrilled to have you here
and looking forward to the opportunity to start a new adventure.
Perkins: As I am as well. Thank you very very much.
De Weerd: Thank you. Thank you for joining us this evening.
Perkins: Oh, my pleasure.
Item 8: Action Items
A. Public Hearing: CPAT 13-001 Comprehensive Plan Text
Amendment by City of Meridian Planning Division Request:
Amend Certain Action Items Contained in the Comprehensive
Plan
De Weerd: Okay. We will move to Item 8 under Action Items. Our first Item up is a
public hearing on CPAT 13-001. I will open this public hearing with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The first item on the
agenda this evening is your Comprehensive Plan map amendment -- or text
amendment I should say. If you recall back in 2007 -- or'11 the city went through a total
revamp of the Comprehensive Plan and at that time we instituted some new action
items that we would monitor on an annual basis and definitely what we have done is
reached out to the departments within the city and the community and we have decided
Meridian City Council
October 15, 2013
Page 6 of 48
since this plan was in place for a year and a half or so we should probably update and
show the progress that we have made since the adoption of this plan and so attached in
the staff report are the items that we are proposing to amend. Nothing real substantial
to the changes in the Comp Plan, but we did want to just let the community know that
we are out there, we are making sure that we are grading ourselves so to speak and at
this time I'd stand for any questions you have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
De Weerd: This is a public hearing. Is there anyone who would like to provide
comment on this item? Okay. Bill, anything further on this?
Parsons: Nothing from staff.
De Weerd: Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close public hearing CPAT 13-001.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-A. 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 CPAT 13-001 and to add all staff comments.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Comprehensive Plan text
amendment on this item. Any discussion from Council?
Rountree: I have none.
De Weerd: Madam Clerk.
Meridian City Council
October 15, 2013
Page 7 of 48
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Public Hearing: AZ 13-007 Hacienda South Subdivision by
Jayo Investments, Inc. Located East Side of N. Meridian Road;
Midway Between Chinden Boulevard and . McMillan Road
Request: Annexation of Approximately 20.09 Acres from RUT
in Ada County to the R-8 (Medium-Density Residential) Zoning
District
C. Public Hearing: PP 13-016 Hacienda South Subdivision by
Jayo Investments, Inc. Located East Side of N. Meridian Road;
Midway Between Chinden Boulevard and E. McMillan Road
Request: Preliminary Plat Consisting of Ninety-Three (93)
Residential Lots, Thirteen (13) Common Lots and One (1)
Other
De Weerd: Item 8-B and C are public hearings on AZ 13-007 and PP 13-016. I will
open these two public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the
agenda is the Hacienda South Subdivision. It's approximately 20.09 acres of land. It's
situated on the east side of Meridian Road between Chinden Boulevard and McMillan
Road. To the north we have the Hacienda Subdivision zoned R-8 in the city. To the
east we have Saguaro Canyon Subdivision zoned R-4. To the south is Ventana
Subdivision, zoned R-8, and to the west we have Meridian Road and Ada County
parcels zoned RUT. As you can see here in the aerial photo the property is currently
developed with a county residence and several outbuildings. That building will be
removed upon redevelopment of the site to make way for the 93 lot subdivision that's
before you this evening. Access to this development will be provided from three sub
streets that are to be -- that were provided with the adjacent subdivisions that I just
mentioned to you. So, we have a stub street to the north to be extended from Hacienda
stub street to the south -- or excuse me -- to the east, but be extended to -- from
Saguaro and, then, along the south boundary we have a stub street that is to extend
and provide connectivity through the development. The applicant -- the application
before you this evening is not proposing any access to Meridian Road. Everything will
be served from internal streets and ultimately will dump into East Producer Drive, which
runs along the south boundary. The one item that I want to bring forward to Council this
evening is when Saguaro Canyon went in there was a common lot that was platted
along the south boundary of this parcel that at this point would prohibit that connectivity
due to it being private property. One of our recommendations for the DA this evening is
that they secure the permission from the HOA and dedicate that right of way to ACHD to
insure that that street connection happens prior to signature on the first final plat. I
Meridian City Council
October 15, 2013
Page 8 of 48
would mention to Council that we did receive an e-mail from the HOA president and
they have agreed to allow the road extension along the south. So, it's just something to
think about as we move forward. Here is the landscape plan that they propose this
evening. A majority of the open space will be a large 36,000 square foot park central to
the development. We have street buffers along Meridian Road, which is 35 feet in
width. We have the extension of several ten foot pathways on street network and a ten
foot pathway here in the southeast corner that will connect to the pathway that is
developed within the Ventana Subdivision. So, as you can see here, looking at the
pathways plan, if I had a bigger blow up of it, we have pathways developed in
Paramount to the west of this site, we have Ventana to the south, so we are starting to
get a substantial amount of city pathways in this area of Meridian. So, this is definitely a
positive amenity for this -- with this development. One of the unique items the
applicant's requesting this evening is they want to basically marry the two subdivisions.
They want to marry Hacienda Subdivision that's platted to the north and this property to
the south. Staff and the Commission were amenable to that request. One of our
requirements was that they provide an open space exhibit that details how much open
space would be -- would exist between both projects. After looking at what's been
platted with the Hacienda Subdivision to the north and what the applicant is proposing
this evening, if you combine both projects they are in excess of 12 percent open space
and so staff is amenable to Hacienda South providing a little bit less open space, but it's
making up for it by encompassing the Hacienda North to the south -- or incorporating
Hacienda North into this and allowing the use of those amenities in conjunction with this
subdivision before you this evening. Here are the proposed elevations. These are
sample elevations that were approved and constructed within the Hacienda Subdivision.
You can see there is a mix of materials on the front. I know as we have come before
Council in the past they were concerned about the rear elevations of homes along
arterial streets and collector streets. One of our recommended DA provisions this
evening is that we review those homes that front on those streets and we will be doing
with future building permit submittals. Because this is annexed -- excuse me -- an
annexation request here are the recommended DA provisions that staff is
recommending this evening. One of those provisions requires compliance with the
submitted home elevations and provide that architectural detailing on the rear and side
facades of those homes that front on, one, Meridian Road and, two, up against West
Producer Drive to the south. We are recommending that both projects be -- have the
right use each other's amenities and open space and be subject to one CC&R and one
HOA. And, then, again, as I mentioned to you earlier, we are providing with the final
application or prior to the engineer's signature on the first phase of the final plat that
they have -- they deed the right of way to ACRD to allow the connection of that roadway
across that common lot. Planning and Zoning Commission did recommend approval at
the September 5th hearing. Quite a few folks testified in favor on the application. No
one testified in opposition. The applicant did provide written testimony that they are in
agreement with this condition in the staff report. Probably the two --the two outstanding
issues or two items of discussion at that hearing was some of the adjacent homeowners
in the Hacienda Subdivision were concerned bringing on 93 additional lots and a lot
them would like to use their pool. I think over the last couple months I know we at staff
and the Planning and Zoning Commission has had to deal with how many homes have
Meridian City Council
October 15, 2013
Page 9 of 48
the right to use other people's pool. They seem to be overcrowding in most of these
subdivisions and certainly this is one of those areas where the homeowners are
concerned if they bring on 93 more lots what is that impact on the single pool they have
there. The other item was -- and it's not really an item or discussion for Council this
evening, but when Hacienda went in the first -- the Hacienda North -- I will call it north
for all intents and purposes, but when that subdivision went in there is actually a 40 foot
irrigation easement that goes through -- bisects the development and some of those
buildable lots do impact on that easement and so Settlers Irrigation has sent out nasty
letters to those homeowners saying that they want structures and all those
improvements within their easements removed or enter into a license agreement with
the district. It's something that the homeowners weren't envisioning that happening to
them, but, again, this plat does not have that easement impacting all of the properties
like that northern plat does. So, certainly it is a concern for us moving forward and I
think we brought up some of those concerns with previous applications before you, but
as far as tonight's topics, there are no -- there are only three lots that are impacted by
an easement and it's been conditioned appropriately in the staff report. Either they get
a license agreement with Settlers or they plat it as a common lot. So, we do have that
identified and handled in the conditions of approval. So, other than those two items of
discussion the Planning and Zoning Commission did not modify any conditions in the
staff report and except for those items that I just mentioned to you there are no other
outstanding issues that staff is aware of and at this time I would stand for any questions
you have.
De Weerd: Thank you, Bill, Council, any questions at this point?
Rountree: I have none.
De Weerd: Okay. This is the public portion of our agenda. First we will ask the
applicant to come up. They have ten minutes to present the application. We will, then,
take public comment and each person has three minutes to make their comments and,
then, the applicant will get up and respond and wrap it up. So, is the applicant here this
evening? Thank you for joining us. If you will state your name and address for the
record.
Leraris: Okay. Thank you. Justin Leraris with J.J. Howard Engineers. Address is 5983
West State Street, Boise, Idaho, and I'm representing Jayo Development.
De Weerd: Thank you.
Leraris: I certainly won't take ten minutes of your time. I think Bill pretty much covered
everything with his staff comments. This project to me kind of when I think about it, is
sort of just like a last piece of the puzzle for development on the east side of Meridian
Road between Chinden and McMillan. You have got the existing Hacienda Subdivision
to the north, Ventana to the south, and Saguaro Canyon to the -- to the east with all the
stub roads and so we are going to provide a lot of vehicular connectivity, as well as
pedestrian connectivity and extending the berm and buffer along Meridian Road and
Meridian City Council
October 15, 2013
Page 10 of 48
that meandering sidewalk. Like Bill mentioned, we did have a little bit of a problem with
right of way being dedicated across that strip. We have been working with the HOA,
they don't have any problem with that. We have written up the descriptions and if this is
approved we will continue to go forward with ACRD in getting that right of way
dedicated through there. So, that's going to be basically the primary entrance to the
subdivision. The only other thing I guess was the -- the issue with the pool and, you
know, I have talked with Doug, the developer, a little bit about this and, you know, I think
there is -- there is a number of solutions that we could come up with, but, you know,
think he's a hundred percent opposed to a new pool in -- in this. Right now we are just
-- a gazebo is the amenity and we think that that will provide a mixture of kind of more
open space, as opposed to the pool. We don't think there is enough users right now to
justify a new pool area and it increases cost quite a bit for the HOA dues, which they
usually do not like and so if you have fewer pool users than pool users you typically
won't get that, because people don't like paying more money for a pool they don't use.
So, I would be happy to answer any questions that Council or the public would have.
That's it. Thank you.
De Weerd: Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Does the developer have -- still have the controlling interest in the sub to the
north --
Leraris: Yes.
Bird: -- in terms of the HOA?
Leraris: Yes.
Rountree: Okay.
Leraris: And those -- that is actually I think part of it -- will be part of the development
agreement that, you know, since we are kind of marrying up these subdivisions and
combining open space, the residents of both subdivisions will have access to the
amenities in the south and north and he does still have an interest in it, yes.
Rountree: So, in essence, the HOA bylaws and information are the same, as well as
the fees, etc?
Leraris: There will be only one.
Rountree: They are identical. Okay. You said something on the lines of maybe a pool
and I heard, well, maybe not. On the record what are you going to do?
Meridian City Council
October 15, 2013
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Leraris: Well, right now it's on the record as it's -- a gazebo is the amenity --
Rountree: Okay.
Leraris: -- that we are going for, so --
De Weerd: Any further questions?
Rountree: That's all the questions I had. Thank you.
De Weerd: Okay. Any further questions?
Bird: I have none.
De Weerd: Okay. Thank you.
Leraris: Thank you.
De Weerd: I did have several people signed up. If you would like to provide testimony
when I call your name I would invite you forward. Otherwise, I will read into the record
what you marked on the sign-up sheet. So, Peter Herman signed up as neutral. Good
evening. Thank you for joining us. If you would, please, state your name and address
for the record.
Herman: Peter Herman, 124 East Rio Calinas Drive, Meridian, Idaho.
De Weerd: Thank you.
Herman: I live in the existing Hacienda Subdivision. I was at the last board meeting in
September and it seems like some of the things have been addressed which is very
good. But my big concern, then, was the egress in and out onto that Producer Drive
and it appears that -- I think at the last meeting that was not a done deal. It appears like
it's going to be now and that was probably one of my main concerns. If that wasn't
there all that traffic will be coming back into the existing subdivision to leave. So, that's
-- that's a good thing to make sure that's going to happen. I did bring up last time about
the pool. I know it keeps going around and around, but you should see that pool in the
summertime. You can't get in it. It's just too packed, you know. There is a clubhouse
there and I think the clubhouse can handle the extra homes, it's no problem. But that
pool is -- it's just -- right now it's hard to enjoy it and with the new homes coming in it will
be impossible to enjoy it. So, I just wanted to bring that up again about that. Also you
mentioned about the HOA. Bear in mind that the developer is the president of the HOA
and that we are getting no input from the existing homeowners as to what's going on.
My understanding from the rules are we are supposed to have an annual meeting once
a year. I'm one of the oldest residents there, I have been there three years, there has
never been an annual meeting. I have never received a piece of paper, any financial
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October 15, 2013
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statements or anything. You know, they mentioned about dues going up if you put
another pool in. Well, I don't know. I have never received a financial statement. So,
don't know. I think it would be nice if we had more input from the existing people about
this development going on, because as long as the developer is the president, this is
not the -- we get no information, nothing happening, there is no input or anything. So,
just wanted to throw that out there, too. Okay?
De Weerd: Appreciate your comments. Council, any questions?
Rountree: No.
De Weerd: Thank you so much. Vince Murphy signed up against. Good evening. If
you would, please, state your name and address for the record.
Murphy: Good evening. My name is Vince Murphy. I currently live in Hacienda North
at 150 East Rio Colinas Drive, Meridian, Idaho.
De Weerd: Thank you.
Murphy: The reason I'm against it -- and I was not able to make the previous meeting in
September -- is it's not what I purchased two years ago when I moved in. I moved in
specifically because Hacienda was a very small -- expected to become a tight knit
community. We have a lot of downsizers, retirees. It's not -- it's not a Paramount, it's
not for families, and so I was hoping to be part of a very well run, close knit community
and I think adding a hundred percent size has the negative potential to change the
positives of a small community. We have had -- as Peter alluded to, we have had
issues getting information to really understand the impact, for example, on dues with
doubling the size of the subdivision. We were hoping within maybe a year to a year and
a half, the way the market's going that we would actually have an owner-controlled
association. Now, it's probably going to be another ten years before the developer will
relinquish control. So, as homeowners who have invested in this community, we have
had very little say. There has not been a lot of formalities in terms of opportunities to
gather input, voice concerns, and there hasn't been a lot of sharing of information to the
broad community that live in Hacienda North right now. So, I'm basically against it,
because I think I was mislead when I purchased two years ago. There was no
comments from the developer or his real estate representative at that time that
something like this might happen and I for a lot of people living in Hacienda North, had
we known this was going to happen we probably wouldn't have made the decisions to
move in that we did and so I'm against it, because I think it changes the character of
what this has the potential to be and maybe what the city originally wanted it to be when
it was approved and I'd rather not see it go forward.
De Weerd: Thank you. Council, any questions?
Hoaglun: Madam Mayor?
Meridian City Council
October 15, 2013
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De Weerd: Mr. Hoaglun.
Hoaglun: Quick question for Mr. Murphy. Has there been any discussion of forming an
advisory committee that would try to draw him into where he -- he's the majority owner,
but you have an advisory committee that can kind of make recommendations and see if
-- and follow up.
Murphy: We have actually had a lot of informal discussion between homeowners, but
the developer has to be willing to receive those inputs. In my two years there has been
very little opportunity to give feedback to the developer. I think if the developer truly had
our interest at heart, instead of his own, he would reach out to us and ask for
information, there would be more proactive meetings where we would have a chance to
have dialogue and those have not occurred.
Hoaglun: Thank you.
De Weerd: Mr. Murphy, did they have a neighborhood meeting on this project?
Murphy: There was a neighbor meeting, but -- and I don't know all the legalities, but
only people within 300 feet were notified of that meeting and that did not include a
majority of homeowners in Hacienda North. Most people did not -- the only reason I
knew about it -- and I went to that meeting and the developer and his engineering
representative were there, but Ijust -- I heard about it through the grapevine. I live
outside of that 300 foot parameter, so I didn't get a formal notice and most people -- I
think it was an unfortunate issue, because I think had everybody known I think we would
have had a lot of representation there and I think the developer could have gotten a lot
more input, both pros and cons, but I think that was an opportunity that was missed.
De Weerd: Okay. Thank you.
Rountree: Thank you.
De Weerd: Okay. This next name I will probably mess up and, Virginia, I see you
smile. So, I will leave it at that and let you pronounce it. Thank you for joining us.
Ernsberger: It's Virginia Ernsberger and I live at 338 East Rio Calinas Drive and so that
would be on the north -- very north side of the subdivision and I'm neutral on the project,
because I feel that something's going to be built there, so it would be nice if it were tied
into the neighborhood scheme, so that part is not an issue. But my most pressing issue
is the traffic. Currently we have two entrances for our 93, '2 -- 92, 93 homes and so we
are talking here I guess another 92 or 93 homes, but only adding one exit onto
Producer. So, that's going to put a lot of strain on -- I think it's Cholla Hills. So, that
entrance, which is what we are using now, would end up being impacted by twice the
volume and this to me is too congested. So, I just throw that out. You know, I think
that's more a city issue than it was the developer. I don't know if he asked for another
egress-ingress from Meridian Road or not, so -- but there is a road there already.
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Where that home is there is a driveway and if that were actually another entrance to the
development of these new homes it would spread the traffic more evenly and put less
strain onto the current development and, then, the other issue that I would mention is
that one of your planners mentioned the issue that's currently going on with regard to
irrigation. I had no clue that there would be any issue with it. I'm a new resident to
Meridian and I just thought, well, you know, water is water, it would be taken care of
and, of course, after reading everything, the CC&Rs do say that the homeowners will
take care of the irrigation district. So, several people were caught off guard that -- that
they had landscaping that could be torn out. I mean I'm one of them and I had no clue.
So, the only thing I throw out at this point -- we have to address that issue, but I throw
out for the current addition is that you not put potential home buyers in this position.
There is no way that a single person could be -- indemnify the irrigation district, it's just
impossible. We can't be responsible for just the pipe under our house when, you know,
one house out of 90. So, I just bring that up as a concern to alert and make those lots
larger. If we say there is only three in the new subdivision, make sure those lots are
larger, so they can accommodate some landscaping and keep the proper easement
rules.
De Weerd: Thank you. Council, did you have any questions? Okay. Thank you. And
Karen Brodesser signed up as neutral.
Brodesser: If you don't mind I will correct the pronunciation.
De Weerd: No, I really don't mind.
Brodesser: We get it all the time. It's Karen Brodesser. And I live at 5901 North
Beaham.
De Weerd: Karen, I have the same problem with my last name, so -- thank you for
being here.
Brodesser: I'm just -- I'm here after talking to someone here from the city. I wasn't able
to make the last meeting and do have a dire concern about the traffic and so many
homes just utilizing such few areas out on to Meridian and I am just more or less -- the
other three have said all the things I would like to have said, so I'm just agreeing with
them and saying that we need these all to be taken under consideration and I thank you
very much.
De Weerd: Thank you so much. Those are the names that signed up. Is there anyone
else who would like to provide testimony on this item? Okay. Would the applicant like
to come up and respond? If you will state your name for the record.
Leraris: Justin Leraris. J.J. Howard Engineers.
De Weerd: Thank you.
Meridian City Council
October 15, 2013
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Leraris: Mayor and Council, I'd like to, first of all, just say that -- I'm -- I'd hate to hear
there has been problems with the La Marada or Hacienda homeowners association and
that's what it sounds like a lot of the problems are coming from homeowners in that
subdivision and (will certainly bring that to Doug's attention to let him know that there is
a lot of animosity there and that he needs to iron some things out and keep them more
informed. We did, you know, send out the letters for the neighborhood meeting. We
had a good turnout at the meeting. We heard from a lot of people, including some that
have shown up here tonight and, of course, we do have the signs also posted for -- pre
the hearing. So, I think it was -- you know, the signs were posted at the west entrance,
the north, and the east. So, it should have been pretty well advertised and letters sent
out and published, so -- as far as the traffic goes, this isn't -- you know, this isn't like a
commercial development or anything like that. We are adding, you know, 93 homes at
full build out and there is really not much more that we can do. Access to Meridian
Road was asked for, it is something that the developer wanted. However, ACRD
prohibited this, because -- I think it's -- 640 feet is the separation that's needed on that
arterial road and because of East Producer and La Jalla Hills, that wasn't possible
anywhere along that line to add another access to Meridian Road. That's -- that's a
road they want to keep clear and traffic moving on and so, you know, therefore, you
know, we had the three stub roads. There wasn't any way that we could even get a --
you know, I couldn't even argue for some sort of extension, because we do have good
access to the subdivision. Oh. And the last item was the irrigation easement. This is --
it's like Bill said, it's a little bit different than Hacienda. There was a ditch basically ran
right through the middle of that site. The only place we have it here is in the northeast
corner and we have a 40 foot easement there. Those lots have been made extra deep.
They are about 30 feet deeper than the other lots. And the reason that we put -- keep it
in an easement, as opposed to -- because we did discuss this at length -- making that a
separate common lot, if we felt like that was a worse option, because, basically, you're
creating a common lot that you have to maintain from the homeowners association and
it's basically a no man's land and we'd rather give that property to the homeowner to
have an extra large backyard, but they just can't build any structures there and that's
something that should be brought to their attention in their title report. It's on the plat.
And those things, you know, I think they should be -- they should be well known that
there is an easement back there that you can't build on, so -- that's all.
De Weerd: Council, any questions?
Rountree: I have none.
Bird: I have none.
De Weerd: Thank you.
Leraris: Thank you.
De Weerd: Staff, any further comment?
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Parsons: Madam Mayor, Members of the Council, staff has nothing to add.
De Weerd: Thank you.
Hoaglun: Madam Mayor. Bill, could you put up the DA staff recommendations?
Rountree: Any questions?
Hoaglun: No questions.
De Weerd: No questions?
Hoaglun: No questions.
De Weerd: Mr. Nary, I guess I have a question. We have had another subdivision that
has combined -- that has combined different --different phases that didn't come in at the
same time and shared the community pool and it's been a point of contention. What is
the process of doing that? We don't get into CC&Rs and certainly that -- that's a private
document with the HOA, but would not a vote need to be taken from the HOA members
-- the members in the HOA?
Nary: Well, Madam Mayor, Members of the Council, without seeing the CC&Rs I don't
know what their requirements are to add more properties to them, but we would just
need -- we require they provide amenities, whatever those are. If they are telling us the
amenities are this pool and they have permission to use the pool like across-access
agreement would be in another context, that's all we would require. Unless I'm
mistaken and Mr. Parsons could correct me, but I think all we are required -- they just
need to show us some proof that they have authority to use that amenity as an amenity
for us to consider it. But whether that requires a vote, that's totally up to how their
CC&Rs are crafted.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Technically the rules have been followed, but they really haven't
accomplished what we generally see accomplished when they are followed and that's
an open exchange between the developer and the homeowners, not necessarily just the
folks within 300 feet. It seems that there is some issues here of concern and I have a
concern about the combining of the HOAs and what their CC&Rs might say. They
might tell us that it's okay to combine them, but there might be something in the CC&Rs
that, then, puts the various subdivisions at odds with one another and they, then, have
to go through some kind of a civil action. I don't want to be in that situation. I'm
suggesting that this is an annexation and this is our last opportunity to really kind of
resolve this issue, that we give the developer an opportunity to address these issues
with the adjacent homeowners, not just the folks within 300 feet. The people that
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October 15, 2013
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actually are going to end up paying for the swimming pool and paying for the open
spaces, to maintain them. Let them have an opportunity to have a meeting with those
folks, see if there is resolve. If there is not resolve, that's fine, but at least there is an
opportunity to do that and, then, bring it back at some time in the future. Other than
that, one could technically say all the I's have been dotted and the T's have been half
crossed, but I think there is an opportunity and hopefully a willingness on the part of all
the parties to work together and resolve these. They are not really difficult issues, but
you really don't want us to solve them for you.
De Weerd: Yeah. You don't want us to solve them for you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Councilman Rountree, are you suggesting that we extend these public hearings to
a date certain?
Rountree: That would be my suggestion.
De Weerd: Okay. We do have the applicant here. Would you --
Rountree: The hearing is still open, so --
De Weerd: Uh-huh.
Rountree: If you wanted to address that.
De Weerd: So, the suggestion is to continue the two public hearings to a date certain to
allow the homeowners to get together with the developer and talk about some of these
pending issues.
Leraris: Yeah. I would have to disagree with that. I mean I think -- there are a few
people in disagreement with this in coming from the HOAs, but we haven't been getting
flooded with phone calls or anything. I haven't seen this attempt to -- to get this thing
resolved and they have known about this for a good deal of time, you know, on their end
as well. You know, holding this thing up to the next hearing is going to cost him more
money than you might think and so, you know, I think this is just -- it's an issue that we
can definitely work through. I know Doug does want to keep his homeowners happy.
He wants to -- to continue to fill up these subdivisions and keep people happy. So, he
will do, you know, Ithink -- you know, I will definitely recommend that we take this to
vote, whether or not it's in the CC&Rs that he has to, but every time I have talked to him
he's been more than willing to work. His availability is the thing that's -- he's a busy guy.
But, you know, I think even -- if this is passed, it's not like we are just going to -- oh, we
are going to ignore it and do this and that. You know, we are going to -- we still have a
final plat hearing and things that we have to do before we can go and sell lots. I don't
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think this is the last step by any means and so I don't think this needs to be continued
for the sake of some people that have some disagreements with combining the
homeowners associations and like -- I really haven't seen or heard, except from a few
people, about the -- how crowded the pool is. I know in my homeowners association we
have a whole lot more users on a smaller pool and so -- you know, I'm sure at times it
does get busy and people invite families and things like that, but I think that should be
handled within the homeowners association and not in a public hearing, so --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I should have asked this earlier, Justin, but on -- in the first Hacienda North was
the right of way -- would irrigate with Settlers Irrigation District, was that noted on the
plats?
Leraris: Yes.
Bird: It is on the plat?
Leraris: Oh, sure. The easements and everything were on the plat.
Bird: So, if they build on it or stuff, that's their own discretion. If it's on the plat, then,
the developer is clear.
Leraris: I mean I don't know personally how it was brought to their attention. I know
some people will buy a house without even looking at the plat.
Bird: Well, yeah, but, then, that's off the developer. That's on the owner.
Leraris: Sure. Sure. Yeah. Those things were -- you know.
Bird: If it was on the plat and you're positive it was on the plat?
Leraris: I'm not -- I didn't do that plat, I -- but I have seen it. Hacienda was a different
development than the one that we are currently working on, but what I have seen of it,
yeah, those are recorded easements, yes, on the plat.
Bird: Sometimes recorded easements don't get to the plat.
Leraris: Oh. I understand. No. I have seen those on there.
De Weerd: And I would argue -- homeowners don't know what an easement is, so, I'm
sorry, I think that that needs to be pointed out at closing by the realtor and those kind of
things, so --
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October 15, 2013
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Bird: I agree a hundred percent, but --
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Comment to Justin. You know, you talked about this moving forward and you
have the agreements and talk -- the developer talks about things, you know, these --
think Councilman Rountree was correct, these are just minor issues, technical -- I mean
there is -- I don't know if you have 93 homes already built on the other -- or 92 in the first
Hacienda site, but, you know, it's something we just want to make sure that the people
are heard and they feel comfortable where they live and I think Mr. Murphy said it, you
know, you just want to be part of the community and, you know, Meridian is getting to
be a bigger city and -- but, yet, we have some very nice developments and we want
people to feel comfortable and this is their neighborhood and they care about it and they
know their neighbors and those types of things and it goes a long way when a
developer can foster that and start them out on the right foot and even though this is
coming on and you're bringing one later on and it's going to be one unit and there might
be some pool issues and -- and I'm in the same situation where the subdivision -- it's a
very large subdivision and they are very crowded during the summertime. Lots and lots
of kids, but it's just one of the things. It's a very popular place. And things like traffic
you can't control. ACRD has said no access and we understand that. There is nothing
we can do about that. But things of communication, I guess, you know, where -- how
can we help improve that is I think what Councilman Rountree was trying to find a way
-- where can we make that -- maybe start it off on a good foot and move it forward
before this thing -- because, technically, yeah, there is nothing here that says, oh, you
can't do this. You shouldn't be doing this. It's traffic. People don't like more traffic, but
this isn't going to be a vacant piece of land, something is going in there and it looks like
a nice development, it will match it and will do well, but I kind of tend to think maybe if
we put it off for a week and I know that time can be money, but just to make sure there
is something that a dialogue is started moving forward, because there is change coming
and it's difficult sometimes. We don't like the change, but we have to deal with it and
there is good ways to deal with it and maybe by putting some folks together in the same
room might be able to help.
Leraris: Yes. I understand. I respectfully disagree. I just -- I think that, you know, most
of the complaints tonight were about La Marada Subdivision and that homeowners and
the city really doesn't have control over CC&Rs and homeowners associations and
that's kind of the issue here. This -- this new subdivision -- I think it's going to be
beneficial to the community. It melds well with the other -- it's the same characteristics
of homes and everything and so it doesn't change drastically the nature of that
development in any way. I do think that there is -- I agree that -- I'm a hundred percent
that communication should opened up and, like I said, I will pass that word on to the
developer that he needs to take care of his -- his current residents and his association
and start keeping them better informed and letting them, you know, what -- here is
what's coming, the new amenities, and what's going on with the homeowners
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October 15, 2013
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association. I just don't -- I'm not sure that delaying this really -- there is any really true
reason to do that, based on what this application is as it stands alone, as opposed to
problems that are in the existing Hacienda Subdivision, so --
De Weerd: But you're not asking it to stand alone, because you're suggesting that this
subdivision utilize an amenity in the existing subdivision and -- and that's where the two
collide. This -- the existing subdivision is a beautiful subdivision. It is an amenity to our
community and the extension of it, phase two, will be as well and I did hear you say the
developer is a busy man, which is why we are having communication problems; right?
Leraris: Right.
De Weerd: And this gives them an opportunity to -- for him to share why it makes sense
to combine the two subdivisions into one HOA and to -- to hear the concerns of the
neighbors. If they are saying it's busy now and you add 93 more houses, it's going to
be very busy and we have seen this happen before. So, the developer does need to
talk with the existing homers and say what is the tipping point for when the busy turns
into a second pool and what would warrant that and improved communication is -- is
essential to that.
Leraris: I guess my only question is what is being required of us in terms of
communication? Do we need some sort of agreement and why wasn't that made known
to us in the application. There is -- you know, we -- like you said, we dotted all our I's
and crossed all our T's and we did everything we could to bring the project to be -- you
know, it's kind of a slam dunk project, too. It's like there is nothing truly tricky going on
and, yeah, it doesn't stand alone, because we are marrying the two homeowners
associations, but I think that's fairly common and -- and Ireally -- I haven't -- with the
exception of a few people heard that the pool is overly crowded, but -- I just -- I guess
what I'm asking is what do we need to move forward? We have a meeting. We get an
agreement that this -- and what if some people still disagree, it's either a pool or
nothing? I don't think you can say -- because we are providing the amenities that are
required for this -- this subdivision and the only thing that's different is, yes, we are
combining the qualified open space, but this one is just a hair shy of it by itself and there
is well over ten percent open space if you count the buffer and everything like that and
so it's not like it's --
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Justin, you're not only combining the HOAs, but you're also -- in your application
did you not -- the pool was the amenity for this one?
Leraris: No.
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October 15, 2013
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Bird: It is not. It's a stand alone. The amenities that we see on here for -- for the south
is it. How did the pool even become involved then?
Leraris: The pool is part of the existing Hacienda Subdivision --
Bird: Yes.
Leraris: -- and we are bringing the two homeowners associations together and,
therefore, the residents in this new development will be able to use that pool. And so I
guess I mean in the sense that --
Bird: It is part of your amenities then?
Leraris: Well, I guess. I mean -- I mean it is and it isn't, because with this one we
needed -- was it one -- one additional amenity? Is that the requirement? And so that's
what the gazebo was and --
Bird: But if you marry the two HOAs you're marrying the amenities.
Leraris: Okay.
Bird: That's the way -- I mean at least that's my thoughts.
Hoaglun: Madam Mayor?
Leraris: No, I -- point taken. And I think that's -- well, I guess I just don't know what the
requirements are here. You know, is there a requirement for a square footage of pool
for the number of units?
Bird: I couldn't lay out the requirements either, but --
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: To kind of help clarify this, my thinking is it's not to keep coming in and
saying, okay, we are going to build a second pool or not, because the developer could
approach the folks and say, you know, if we build a second pool it's -- your homeowners
dues are going to jump to X amount and, then, they go that's totally unacceptable.
Pools are a very expensive amenity to have.
Leraris: And that has been brought to their attention. We discussed that --
Hoaglun: Yeah. But -- you know. So, I don't want to say, oh, it's got to be a second
pool, it's got to be that. It's just a matter of having the dialogue and checking in and
maybe having an advisory committee until there is a fully -- a homeowners association
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October 15, 2013
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that's fully in charge and they are running it -- you want to reach that point where people
feel like they have a say in what's going on and they know that somebody is listening --
you know, it might be a management company he has eventually running it, that type of
thing. But I don't know. It's just getting that sense that -- people being heard and you
can't please everybody, but it really helps when people feel like they are being listened
to and that's kind of what we picked up on tonight that there is some issues there and,
you're right, this is a good development, it's going to be a nice addition in that area and
fill that in, but I definitely have a feeling, even though it's not, you know, 50 people here
tonight, there is still some things out there that kind of have to -- people have to be
listened to. So, that's kind of -- at this in time we can kind of say, you know, we just
want to make sure that they are heard and I think that's kind of what I'm looking for. Are
they heard.
Leraris: And I think they have been heard. Like I said, I think it can be addressed. I
don't think we necessarily have to blow things up here tonight. I mean --
De Weerd: Council, what is your direction on this?
Rountree: Well, Madam Mayor --
De Weerd: Mr. Rountree.
Rountree: -- we can --
Bird: We can go forward.
Rountree: -- we can fashion some DA provisions here to take care of the issues and
move forward.
Bird: That's what he wants.
Rountree: If that's what he wants to do. So, I'm -- I would suggest that we add a DA
that speaks specifically to the developer exercising the terms and conditions of the
CC&Rs with respect to the homeowners of the existing subdivision, so there is meetings
and communication. We add to the DA that the existing pool be reviewed by the health
district and assure that the size of the pool would accommodate the 93, plus the existing
melded subdivisions together and, if not, then, the size of the pool would have to be
enlarged in order to do as a condition of annexation into the city. To me those real
issues. Those are public health issues, they are not necessarily just out of the blue
issues. Traffic's been brought up. I understand the traffic. It's -- and if the developer or
-- told me it wasn't going to look like this, that's pretty common and ACHD has provided
us an analysis of the traffic and it's probably going to be all right. In fact, it will be all
right. As far as what people get told on a sale, we get told -- we get told a lot of things
as well and that's why I appreciate what you're saying, you will work it out, but we want
something somewhere that's contractual to where it is worked out.
Meridian City Council
October 15, 2013
Page 23 of 48
Leraris: I can see that that's something as part of the development agreement, so --
Rountree: So, I would suggest those two things be added. I don't know if anybody else
can think of anything else to --
Hoaglun: The CC&Rs -- you know, I was trying to think along the lines, Madam Mayor
and Councilman Rountree, if we can establish an advisory committee until they have a
formal one, but that's kind of a private -- that's a private deal. So, we are kind of -- can't
go there, so --
De Weerd: That would be advice to the homeowners.
Hoaglun: Yes. We will put that under advice.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council, Council Member Rountree.
So, on that condition regarding the pool and verification of the size --
De Weerd: Thank you, Justin.
Nary: -- then the requirements would be in the development agreement that they must
-- they must have an adequate pool amenity suitable for the size of the current existing
subdivision, as well as the property to the south.
Rountree: The combined --
Nary: The combined. Okay. So, whether it's larger or a second one, either one of
those is complying -- would be compliant. Okay. We can do that. Thank you.
De Weerd: Okay. Council, do I have a motion to close the public hearing?
Rountree: Madam Mayor, I move we close the public hearing on items 8-B and 8-C.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearings on 8-B and 8-C.
All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor, I move that we approve the annexation for Item 8-B, AZ 13-
007 with the comments of staff and the applicant and the neighbors included, as well as
the development agreement proposal provided by staff with the addition of the two items
Meridian City Council
October 15, 2013
Page 24 of 48
that I mentioned in our discussion with respect to the communication with the -- through
the homeowners association through their existing bylaws and conditions and the
central health be advised and sought the information on the size of the pool that would
be necessary for the size of the combined subdivision.
Bird: Second.
De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call
roll on 8-B.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: PP 13-016.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the preliminary plat for 13-016.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-C. If there is no discussion
from Council, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
D. Public Hearing: VAC 13-005 Spurwing (AKA Spurwing
Challenge) by The Club at Spurwing, LLC Located on the North
Side of Chinden Boulevard, West of N. Long Lake Way
Request: Vacate a Portion of the 12-foot Wide Public Utilities,
Drainage and Irrigation Easement (PUDI) Platted on Lot 78,
Block 1 of Spurwing Subdivision
De Weerd: Item 8-D is a public hearing on VAC 13-005. I will open this public hearing
with staff comments.
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October 15, 2013
Page 25 of 48
Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda
is the Spurwing vacation application. This project was platted in 2012 as the Spurwing
Challenge Golf Course. It's located on the north side Chinden Boulevard about
approximately a mile west of North Linder Road. The area of the easement is depicted
here on the exhibit before you. Here is the -- basically the approved final plat. The
exhibit here shows what easements were platted with that subdivision -- public utility
drainage easements that were platted with that subdivision and what remained with the
county subdivision in 1995. The applicant is here this evening to basically request your
approval to vacate this hashed portion that's running north and south along the common
lot and, then, the two buildable lots. As I mentioned to you, you can see the utility
routing has been approved in this configuration with the new subdivision. Staff has
received written relinquishments from the applicable utility providers supporting the
easement vacation. Also received written testimony from the applicant in agreement
with the conditions of the staff report. To my knowledge there aren't any outstanding
issues before you and I would stand for any questions you may have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
Rountree: I have none.
De Weerd: Would the applicant like to make any comment? Good evening. If you will,
please, state your name and address for the record.
Christensen: My name is Chuck -- is this on?
De Weerd: Yes.
Christensen: My name is Chuck Christensen. My address 1904 West Overland Road
in Boise.
De Weerd: Thank you.
Christensen: I'm just here to answer any questions if you have any.
De Weerd: Okay. Council, any questions?
Bird: I have none.
Rountree: I have none.
De Weerd: Thank you. This is a public hearing. Is there anyone who would like to
provide testimony on this item? Okay. Council?
Bird: Madam Mayor?
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October 15, 2013
Page 26 of 48
De Weerd: Mr. Bird.
Bird: I move we close the public hearing on VAC 13-005.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-D. 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 VAC 13-005 and include all staff and applicant comments.
Rountree: 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: PP 13-020 Golden Valley Subdivision by
Providence Properties, LLC Located 4515 S. Locust Grove
Road Request: Preliminary Plat Approval Consisting of
Twenty-Two (22) Single Family Residential Building Lots and
Four (4) Common/Other Lots on 7.56 Acres of Land in the R-4
Zoning District
De Weerd: Item 8-E is a public hearing on PP 13-020. I will open the public hearing
with staff comments.
Chatterton: Madam Mayor, Council Members, this is a preliminary plat for Golden
Valley Subdivision. The site consists of 7.56 acres of land. It's currently zoned R-4. It's
located on the west side of South Locust Grove Road and north of East Amity Road. A
little bit on the history. This site was originally annexed in 2006 with a development
agreement and a preliminary plat. The preliminary plat later on expired. So, the
proposed preliminary plat, the very first plat, consists of 22 single family building lots
and four common lots. The gross density of the subdivision is just under three acres
Meridian City Council
October 15, 2013
Page 27 of 48
and is consistent with the land use plan. There is an existing home and shop on Lot 15,
Block 1, that's at the southeast corner of the site that's proposed to remain. Access will
be through the north boundary via East Wainwright Drive and Reflection Ridge
Subdivision and the two existing driveways for the existing home via Locust Grove are
proposed to be removed and access provided internally from within the subdivision.
Direct lot access via Locust Grove to the subdivision, of course, will be prohibited. A
minimum of ten percent qualified open space and one site amenity is required and
proposed also to be provided with this development. We received conceptual building
elevations for the future homes. They depict materials that you can see consisting of
architectural shingles, board and batten and lap siding and cultured stone wainscoting.
Staff does recommend as a condition of approval that the rear or sides of structures on
lots that face Ustick Road incorporate the normal articulation through changes in
materials, color, modulation and other architectural elements to break up those
monotonous wall plains and roof lines. Through the existing development agreement
Lots 10 through 13 of Block 1 are restricted to single story in height and Lots 11 through
13 are required to have a minimum 20 foot rear building setback. The P&Z
recommendation is for approval. At the public hearing Kevin McCarthy testified on
behalf of the applicant of course in favor. In opposition was Scott Stewart, Matt Schultz,
who is representing Mission Coast Properties to the north also testified and written
testimony was received from Kevin McCarthy and Jim and Patricia Curtis. We also
have received a letter that's in your packets from Warren Duthy with Mission Coast
Properties, owners of Reflection Ridge and that's in your packet. Some of the key
issues discussed by the Commission were the width of the street buffer along
Wainwright Drive and, as I mentioned earlier, the design of the rear elevations of homes
backing up to Wainwright Drive. Some of the key changes to staff recommendations
coming from the Commission. First of all, they wanted to correct the idea of open space
as being the amount -- clarifying the amount of qualified open space and that has been
corrected. A reference to South Locust Grove Road, rather than Ustick Road, was
corrected and also to confirm the requirement for the homes that back up to Wainwright
Drive to incorporate articulation in the rear facades. That's it from staff. I would be
happy to respond to any questions.
De Weerd: Thank you, Bruce. Council, any questions?
Bird: I have none.
De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your
name and address for the record.
McCarthy: My name is Kevin McCarthy. 9233 West State Street in Boise with KM
Engineering.
De Weerd: Thank you.
McCarthy: We really don't have any issues per se with what was just stated by staff.
The only thing I'd like to point out is the buffer that was requested by Mr. Schultz and
Meridian City Council
October 15, 2013
Page 28 of 48
Reflection Ridge we are planning to comply with city requirements on that. I have
actually got an exhibit here that I didn't have time to get to staff, but I can either hand
you guys a copy or I have a jump drive I can bring it up with that. Either of those am I
allowed?
De Weerd: Yeah. If you want to give it to staff we can put it on the overhead screens.
And if you have a hard copy if you can give that to Madam Clerk, that would be
appreciated.
McCarthy: Well, the purpose of this exhibit is two fold. One is to show the open space
and how -- and the changes we have made along Wrightwood Drive and, then, also we
wanted to have a little bit of a further discussion, which we also had at the P&Z hearing,
about the fencing requirements abutting the open space. My client has a desire where
we have backyards facing open space to maintain a six foot fence. The requirement is
a four foot and we'd like to change that to make it six foot. We have shown some
examples along the left here of potential fence types that could be used. While they are
not necessarily, you know, just a solid fence, there'is some kind of a -- you know, there
is a -- it's more of a privacy fence where you can still see over the top. So, for example,
the one on top there that you see, you know, it's solid to a point and above that you can
still see through it, which I think is the intent. So, these are some options that we are
wanting you to consider in order to accommodate that. Further, we would -- as you can
see on this exhibit if you look in the center area there, it shows four foot fence right --
once it gets to the front of the homes right in that area we can accommodate the four
foot fence. As soon as we go back around the back through here is where we would
like it to be six foot and with that six foot, like I said, we could accommodate with a
different fence type and not just have it be a solid vinyl fence. We showed something
similar over on this area here where it meets a four foot fence there and, then, move to
a six foot fence going towards the back -- to the backyard. The whole idea being is you
have the backyard have more privacy and that's what we are trying to accomplish by
doing this. So, with that I would entertain any discussion on topic or answer any
questions.
De Weerd: Council, any questions?
Hoaglun: Madam Mayor, just a quick comment. I think he's one of the first to figure that
out without doing -- shifting different colors. I commend you for that. That's --
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just a clarification that the note --
De Weerd: Is your speaker on?
Zaremba: I think it's on.
Meridian City Council
October 15, 2013
Page 29 of 48
De Weerd: Okay.
Zaremba: The notes that we have are referring to a Wainwright Drive and I see by the
-- what you're showing us there is a Wrightwood Drive. Are the notes appropriate to
Wrightwood?
McCarthy: You know, we didn't name that street and I don't know that it's actually been
platted yet and so I have heard them calling it Wainwright. We have had it as
Wrightwood. We will get that clarified, but we know what we are referring to.
Zaremba: The issue is we have some requirements for backs that back up to it and I
just want to make sure that we -- we have had the notice that something that referred to
Ustick really meant Locust Grove. I just want to make sure that we don't have confusion
about Wrightwood and Wainwright.
McCarthy: Right. And some of that's -- I'm going to follow up with another project right
after this that is off of Ustick, so I think -- and they both came in at the same time, so,
the staff reports kind of ran concurrent. So, that's kind of what happened there. We will
get the street name figured out, but we will have to work with the neighboring developer
to make sure we have got it correct.
Zaremba: Madam Mayor. So, my point is you`re in agreement with the issues --
McCarthy: Right.
Zaremba: Whatever the name of the street is.
McCarthy: Fair enough.
Zaremba: Okay.
De Weerd: Okay.
Hoaglun: Madam Mayor?
De Weerd: Yes.
Hoaglun: Clarify, then, Kevin. The only issue you have compared to what's the --
you're okay with what the Commission reported. The only issue is the height of the
fence in those locations?
McCarthy: Correct. And, really, we are just looking at it for -- particularly along the front
of the home and the transition going to the backyard and we can go to the six foot, but,
again, it's looking more as a privacy fence.
Meridian City Council
October 15, 2013
Page 30 of 48
Hoaglun: Going to what you showed there on the -- like a lower private that has --
McCarthy: Yeah. Four foot in the front yard area.
Hoaglun: Okay.
De Weerd: Mr. Rountree.
Rountree: Madam Mayor, the fence issue was something we talked about recently and
so we don't have a four foot fence backed up by a six foot fence, is what's being
proposed here consistent with what we are trying to accomplish in our discussion to
eliminate that situation?
Chatterton: Madam Mayor, Council Member Rountree, yes, it is. We won't have a
double fencing situation.
Rountree: Okay. Thank you.
De Weerd: Good answer. Okay. Anything further from Council?
Bird: I have none.
De Weerd: Okay. Thank you.
McCarthy: Thank you.
De Weerd: This is a public hearing and I do have one person that signed up. Scott
Stewart signed up against. Okay. Thank you. This is a public hearing. Is there anyone
else who would like to provide testimony on this item? Okay. Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we close the public hearing on Item 8-E, PP 13-020.
Hoaglun: Second.
De Weerd: I have a motion and a second to close the public hearing on this item. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor, I move that we approve the preliminary plat 13-020, subject
to staff's comments, recommendations and information provided by the developer.
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October 15, 2013
Page 31 of 48
Bird: Second.
De Weerd: I have a motion and a second. Does that include the fencing?
Rountree: That included the fencing as described by the developer.
De Weerd: Okay. Does second agree?
Bird: Yes.
De Weerd: Okay. Any discussion? Madam Clerk?
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
F. Public Hearing: PP 13-019 Copperleaf Subdivision by
Providence Properties, LLC Located at 4405 E. Ustick Road
Request: Preliminary Plat Approval Consisting of Sixteen (16)
Single Family Residential Building Lots and Four (4) Common /
Other Lots on 2.82 Acres of Land in the R-8 Zoning District
G. Public Hearing: MDA 13-016 Copperleaf Subdivision by
Providence Properties, LLC Located 4405 E. Ustick Road
Request: Modification to the Development Agreement to
Remove the Requirement for Townhomes to be Constructed
on Two of the Building Lots and Inclusion of a Revised
Conceptual Development Plan and Building Elevations
De Weerd: Item 8-F and G are public hearings on PP 13-019 and MDA 13-016. I will
open these two public hearings with staff comments.
Chatterton: Madam Mayor and Council Members, we have two items tonight for the
Copperleaf Subdivision. Preliminary plat and a development agreement modification
and the DA modification, by the way, is to remove a requirement that two townhouses
are to be developed. It's removing that requirement. The site consists of 2.86 acres of
land. It's currently zoned R-8. It's located in the south side of East Ustick, about a
quarter mile west of Cloverdale. The property was annexed in 2008 with a development
agreement. The concept plan shows an assisted living facility that was originally
approved. In 2012 the DA was modified with an updated concept plan for a single
family subdivision, consisting of 14 detached lots and two townhomes. The current
request is for a plat consisting of 16 single family homes and four common lots, zoned
R-8 and the -- the density is consistent with the land use plan of medium density
residential for this property. There are two existing homes and associated outbuildings
Meridian City Council
October 15, 2013
Page, 32 of 48
on this site that are proposed to be removed upon development. Access is proposed at
the south boundary via East Arch Drive, an internal street within Red Feather Sub and a
stub street is proposed at the west boundary for future extension. Direct lot access via
Ustick Road is, of course, prohibited. Conceptual building elevations were submitted for
future homes in the development that show materials consisting of architectural
shingles, board and batten, lap siding, cultured stone. As you know, design review is
not required for single family homes, but we do recommend consistent with city policy
that a -- a DA provision that the rear or side of structures on Lots 10, 13 and 14, Block
1, that face Ustick Road incorporate articulation of those materials. Approval of the plat
is contingent upon a modification to the development agreement being approved by
Council to change the number of detached single family lots with no townhouse lots. At
the public hearing Kevin McCarthy testified in favor for the applicant. In opposition
Aaron Hansen, Vince Skinner, Judy Varney and Richard Varney also represented
several individuals, including himself by proxy. We also received written testimony from
Kevin McCarthy. Key issues of discussion by the Commission was the height of the
fence adjacent to the pathway. The key change the Commission made to staff
recommendation was to allow reduction in open space and an increase in lot sizes. We
have no outstanding issues and be happy to answer any questions.
Rountree: Madam Mayor?
De Weerd: Thank you, Bruce. Yes, Mr. Rountree.
Rountree: How many times are we going to see this -- iterations on this piece of piece
property? It's getting on the verge of being almost ridiculous.
Chatterton: Madam Mayor, Council Member Rountree, I think staff feels the same way.
You know, each application, of course, that comes before us we try to treat it despite
the history as being anew -- you know, a de novo application, but, yet, there have been
several modifications to this and perhaps we are getting it right now.
Rountree: So, Bill or Bruce, either one, could you explain the difference between this
and the last one that we went multiple hearings on and finally got approved?
Chatterton: Madam Mayor and Council Member Rountree, the only difference is that
this is now the preliminary stage and we are removing that -- modifying the development
agreement to not require development of -- of two townhouses. It's all single family.
Rountree: Okay.
De Weerd: The lot layout is basically the same?
Chatterton: Yes.
Rountree: Okay. Thank you.
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October 15, 2013
Page 33 of 48
De Weerd: Anything further from Council for staff? Is the applicant here? I knew you
were. I just was giving you a chance to slide out real quick.
McCarthy: I appreciate the opportunity to slide out. Kevin McCarthy, 9233 West State
Street with KM Engineering.
De Weerd: Thank you.
McCarthy: I have just kind of got the same drill as last time. Bill, if you could -- you
already got it up, so -- so, I understand now that this project has been before you a
number of times and, Councilman Rountree, I will just expand on it. Before this had the
cul-de-sacs and one other change we are making is we are providing a stub street to
the west. So, that is one other change. Similar to the project I just presented to you,
you can see that we are looking at the same things with the fencing, with the lines of the
four foot fencing and going up to a six foot fence. This is similar -- the same type of a
fence that I just presented to you previously. So, that's the only other thing we have
under consideration for this. As far as the open space goes, there is a little confusion
there whether this needed -- is required to have open space when they originally
submitted it. It turned out it was not, but we are not planning on changing this, we are
still planning on having the pathway connection to Ustick. The only thing that it may
change is we may make a couple of lots slightly bigger, but the open space you see
here is what we have planned. So, with that I will answer any questions you may have.
De Weerd: Thank you. Council, any questions? Mr. Zaremba.
Zaremba: Madam Mayor, thank you. In most of the previous discussions that we have
had about this piece of property apparently people from the existing subdivision that
surrounds this at least on two sides, access the school that is east of this property
through either a real pathway or a pathway that just sort of happened south of your
property. Do you know where that is in relation to your southeast open space there that
-- that's the triangular --
McCarty: My understanding is that -- if this arrow went down a little bit farther -- this is
their open space here for -- this is for storm drainage and there is a pathway down here
that connects into the school. You will have a pathway here to get to the school and
you will also have another one now where you will be able to go to the front of the -- our
property and access it via the sidewalk -- this new sidewalk out there along Ustick.
Zaremba: So, what you're doing is not blocking the existing either real or imagined
pathway -- I'm not sure what it is. I haven't heard that it's paved, I think it's just used,
but -- but, anyway, you're not blocking that, so --
McCarthy: No.
Zaremba: Thank you.
Meridian City Council
October 15, 2013
Page 34 of 48
De Weerd: So, in the past there has been concern about the traffic and I see that you
have provided a stub to the west that wasn't there; correct?
McCarthy: Correct.
De Weerd: Okay. Do you know what the plan is if that redevelops? Will they have an
access to Ustick or will that traffic go down past these homes?
McCarthy: We don't know until that application comes in, but our understanding is, you
know, any additional access to Ustick Road are extremely unlikely and so this property
next door, while it's not very big -- I think it's only a little over an acre in size -- they will
connect to this road and have some form of a turn around there and they can get a few
lots in there.
De Weerd: Okay.
McCarthy: But they would take access to our road.
De Weerd: Thank you. I couldn't tell how big it was just on that one thing.
McCarthy: Yeah. There is a subdivision just on the other side of that.
De Weerd: Okay. Thank you. Council, any further questions?
Bird: I have none.
Rountree: I have none.
De Weerd: Thanks.
McCarthy: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to provide
testimony on either of these items? Good evening. If you will, please, state your name
and address for the record.
Long: Michael Long. 1104 Northwest 6th Street in Meridian.
De Weerd: Thank you.
Long: Hearing the history of this lot it seems like there is a developer fishing for a
development in an otherwise vacant space, which, you know, is an in-fill development,
so I'm not opposed to it. But the design of this and the layout and asking for a variation
of the amount of open space I don't think it should be granted. I don't think there is
enough open space available near it to allow for a variation. Of course, it's not up to
me. And the turn to the right just seems like an effort to shoe horn, you know, an overly
Meridian City Council
October 15, 2013
Page 35 of 48
dense development into a small marginally useful space that would appear to be having
a -- you know, machinations on the property next door, which would, then, result in just
a road butting up to somebody's backyard besides. Those are my comments.
De Weerd: Okay. Thank you. Council, did you have any questions? Okay. Any other
testimony?
Hoaglun: Madam Mayor, a question. This might be for staff. I can't recall, but wasn't
this -- was this going to be part of the homeowners association, this particular
development was going to be part of the homeowners association or were they
separate?
Chatterton: Madam Mayor, Council Member Rountree, do you mean were they going to
be combined with the existing -- with the surrounding neighborhood?
Hoaglun: Correct. Yes.
Chatterton: No.
Hoaglun: Okay. Madam, Mayor and Bruce, that was last time and I couldn't remember
where that ended up, so --
Rountree: Madam Mayor, just clarification with Bruce. The reduction in open space is a
reduction from what was in the DA; correct? That's still consistent with our ordinance.
So, it's not a variance. It's slightly less than what was proposed, still ten percent or
better.
Chatterton: Madam Mayor, Council Member Rountree, yes, it's still consistent with the
code, it's just reduced from what was originally proposed.
McCarthy: Just to clarify on the open space --
De Weerd: If you will state your name once more for the record.
McCarthy: Kevin McCarthy. 9233 West State Street.
De Weerd: Thank you.
McCarthy: We are not required to provide any open space with this project per code.
De Weerd: Because of the size.
McCarthy: Correct. So, what I'm -- what we are trying to point out is that we are
providing open space and we don't have to. So, that was the point. When we originally
put it together we put it together with the intent that we could have ten percent, because
that was our understanding. After the fact we found out that it was actually zero. So,
Meridian City Council
October 15, 2013
Page 36 of 48
we may be slightly under ten percent, the reality is that we don't have to provide any per
code. So, I just wanted to clarify that.
De Weerd: Okay. Council, any questions for the applicant? I do appreciate you giving
access to the property to the west. Otherwise, they are landlocked. Especially if ACHD
would not allow them access, there would be no way for them to do anything with their
property. So, that was missing from the most recent application we saw, so this is
appreciated.
McCarthy: Thank you.
De Weerd: Okay. Anything further from Council? Okay. Staff, anything? No?
Chatterton: No. Thank you.
De Weerd: Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Move we close the public hearing on PP 13-019 and MDA 13-016.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearings on Items 8-F and
G. 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 PP 13-019 and to include all staff, applicant and public
testimony.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-F. Mr. Hoaglun.
Hoaglun: Madam Mayor, just to check with the maker of the motion. Does that include
his request to have the six foot fence in those particular areas?
Bird: That was his testimony.
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October 15, 2013
Page 37 of 48
Hoaglun: Okay. I just wanted to be certain.
Bird: It was accepted.
Hoaglun: Great. Thank you.
De Weerd: The visible -- visible spots. Okay. 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.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve MDA 13-016 and include all staff, applicant, and public
testimony.
Zaremba: 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, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
H. Public Hearing: TEC 13-006 Shops at Victory by DMG Eagle &
Victory, LLC Located 3210 S. Eagle Road Request: Two (2)
Year Time Extension on the Preliminary Plat in Order to Obtain
the City Engineer's Signature on the Final Plat and Request for
a Two (2) Year Time Extension on the Conditional Use Permit
to Commence the Approved Use
De Weerd: Item 8-H is a public hearing on TEC 13-006. I will open this public hearing
with staff comments.
Chatterton: Madam Mayor and Council Members, this is a time extension for the Shops
at Victory, proposed both the plat and the conditional use permit. The site is 3.68 acres.
It's currently zoned C-C and is located at the southeast corner of South Eagle Road and
East Victory Road. The applicant requests a two year time extension for both the plat --
Meridian City Council
October 15, 2013
Page 38 of 48
for the plat in order to obtain the city engineer's signature on the final plat and a two
year time extension as well on the conditional use permit to commence the approved
use. This is the third time extension requested by the applicant. As a condition of the --
of the -- of the extension request, as is our policy, staff recommends that the applicant
comply with the updated standards noted in Exhibit B of the staff report upon
development of the site. Staff also recommends a new condition for the pathway and
the site to be shifted further to the north to align with the existing pathway. Before the
Commission there was written testimony from Greg Goins. We do recommend approval
with the conditions in Exhibit B.
De Weerd: Thank you, Bruce. Council, any questions?
Bird: I have none.
Rountree: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I guess this is a conceptual question that may apply to other properties, as
well as this, but there is an existing house, I guess it is, on this property that has long
been abandoned and is becoming derelict. I happen to drive by that intersection
occasionally and even noticed it the other day. As we go through these time extensions
is there a point at which we would say go ahead and remove that building as a condition
of the time extension?
Chatterton: Madam Mayor, Council Member Zaremba, I don't know a mechanism for
doing that through the time extension process, although I suppose that would be a good
question for the city attorney, but I think as always under our code, under the UDC,
structures need to be secure, they need to be -- they can't be in a derelict condition
under our code and so it certainly could be a code enforcement issue for -- for that type
of enforcement. But as far as tying it to this process, I -- I'm not aware of a way of doing
that.
Zaremba: Okay. Thank you.
De Weerd: Mr. Nary, do you have anything to add to that?
Nary: Madam Mayor, Members of the Council, Ithink -- we when discussed this
previously I mean, really, any reasonable condition, if you are concerned about that, we
have had a number of times when people have testified about dilapidated buildings or
the things that need to be removed for safety and those things. You can certainly do
that. I mean if it's just esthetics I would be a little more concerned, but if there is a
safety concern on the property, rather than a code enforcement, you certainly have in
Meridian City Council
October 15, 2013
Page 39 of 48
the past required clean up of the property prior to the agreement of the time extension.
I think we did that recently with property off of Pine for that very purpose.
De Weerd: Thank you.
Parsons: Madam Mayor, Members of the Council, if -- a moment, if I could.
De Weerd: Yes.
Parsons: I would imagine the final plat or preliminary plat requires a removal of the
structures. As you know, we don't allow single family homes to remain in a
commercially zoned property. So, certainly as part of this time extension you could
expedite that request and have the applicant remove that consistent with their
preliminary plat condition and just -- rather than prior to the city engineer's signature you
may say remove it now or within 90 days, whatever you feel comfortable doing. But
certainly I know there should be a condition in there that speaks to the removal of that
structure prior to the city engineer's signature on the plat. So, maybe just adjusting the
timing I think that would be within your purview.
De Weerd: Thank you, Bill. Is the applicant here this evening? Good evening. If you
will, please, state your name and address. We haven't seen you for a while.
Thompson: You haven't. Good evening, Madam Mayor, Members of the Council.
Tamara Thompson. I'm now with The Land Group. 461 East Shore Drive in Eagle. We
have read the staff report and agree with staff's recommendations and I'm just here for
questions.
De Weerd: Well, I guess the question that has arisen is regarding the structure on the
site and do you see any problem with having that removed by a certain date?
Thompson: Madam Mayor, Members of the Council, I haven't been out to the site
myself recently, so I'm not sure the status of the house. Instead of having it removed I
would recommend maybe a condition that it needs to be secured if it's not and, then, it
would be removed most certainly with -- with development.
De Weerd: Okay. Any questions from Council?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Now that I think of it, as I recall it's a wooden structure. It might be
something the fire department might be interested in partially taking down. They do
need places like that to practice. Any rise from the fire department?
Meridian City Council
October 15, 2013
Page 40 of 48
Palmer: Actually, that has been brought to our attention as a possibility. We haven't
had any follow up on that recently, but that was a consideration a few months ago. And
we would be open to that, yes.
De Weerd: A perfect location without neighbors.
Zaremba: Maybe as opposed to making that an actual condition with a final date, could
I just make a suggestion that you and your client get together with the fire department
and propose that as a training activity sometime soon.
Thompson: Madam Mayor, Councilman Zaremba, most certainly, yeah, we will
definitely talk to them.
Zaremba: Okay.
De Weerd: Thank you.
Thompson: Thank you.
De Weerd: We are on Item 8-H is there anyone who would like to provide testimony on
this item? Okay. Thank you. Council, any further questions for the staff or the
applicant?
Rountree: I have none.
De Weerd: Do I have a motion to close?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move we close the public hearing on Item 8-H, TEC 13-006.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-H. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council
October 15, 2013
Page 41 of 48
Hoaglun: I move approval of TEC 13-006, time extension on preliminary plat and
conditional use permit.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-H. 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.
I. Public Hearing: TEC 13-007 Woodland Springs Subdivision by
Woodland Springs, LLC Generally Located on the Northeast
Corner of N. Locust Grove Road and E. McMillan Road
Request: Two (2) Year Time Extension on the Preliminary Plat
for Woodland Springs Subdivision in Order to Obtain the City
Engineer's Signature on the Second Phase Final Plat
De Weerd: The last item under H is I, which is TEC 13-007. I will open this public
hearing with staff comments.
Chatterton: Madam Mayor and Council Members, this is also a time extension. In this
case for the Woodland Springs Subdivision. The site is six and a half acres in size. It's
zoned C-N and it's located at the northeast corner of North Locust Grove and McMillan
Roads. The request is for a two year time extension on the plat in order to obtain the
city engineer's signature on the phase two final plat. This is also the third time
extension requested by the applicant. As a condition of the extension request staff
recommends the applicant comply with the updated standards noted in Exhibit B of the
staff report upon development of the site. That's all we have and I'm happy to answer
any questions.
De Weerd: Thank you, Bruce. Council, any questions?
Rountree: I have none.
Bird: I have none, Mayor.
De Weerd: Is the applicant here this evening? Good evening. If you will, please, state
your name and address for the record.
Nelson: Eric Nelson. 601 West Bannock. I'm with the law firm of Givens Pursley and
I'm here on behalf of the applicant.
Meridian City Council
October 15, 2013
Page 42 of 48
De Weerd: Thank you, Eric.
Nelson: I believe that they have accepted those conditions of the staff report and I am
here to answer questions if you have any. There is a nice, big, beautiful building at the
corner and it's occupied and doing business.
De Weerd: I think every time I go by there they are doing good business.
Bird: Yeah. Real good business.
De Weerd: Council, any questions for the applicant?
Bird: I have none.
De Weerd: I think it's appreciated to have services in that part of town, so thank you.
Nelson: You bet.
De Weerd: This is a public hearing. Is there anyone who would like to provide
testimony on this item. Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearing on TEC 13-007.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on this item. 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 TEC 13-007, include staff and applicant comments.
Rountree: Second.
De Weerd: I have motion and a second to approve Item 8-I. If there is no discussion,
Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Meridian City Council
October 15, 2013
Page 43 of 48
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9: Department Reports
A. Public 1Norks Department/Environmental Division Report:
Updates to Meridian Flood Damage Prevention Ordinance
(Title 10, Chapter 6, Meridian City Code)
De Weerd: Under Department Reports we will start with 9-A under our Public Works
Department. David?
Allison: Thank you, Madam Mayor, Members of the Council. Tonight I'm here to
discuss update changes that we have proposed for the flood damage prevention
ordinance. I'm not prepared to have a full disclosed program display of what the flood
plan program currently does. Our objective tonight is to discuss ordinance updates that
we are proposing as part of what's known as a community assistant visit that FEMA and
the state conduct, which is, essentially, an audit of our program over the last year we
have conducted and as one of those items they discussed our ordinance and review it
in relation to the state model ordinance. So, that's my objective for tonight. What you
have in front of you is a copy of the draft ordinance, as well as a summary of changes to
that ordinance. We want to discuss a little bit of the why, as well as some of the more
major changes that I consider we are making, as well as who we are talking with during
the process. As I said, our community assisted visit was conducted last year by the
state. They compared our current ordinance, which was adopted in 2008 to the 2012
model code and found just through the process some things that were outdated and
need to be updated based on their more current code. So, that's the majority of what
we are recommending. One of the more major changes that we are recommending is a
terminology known as dry flood proofing, which would have to do with existing
commercial structures. It's a term in a process that FEMA allows within their minimum
code requirement to effectively allow an existing commercial building to not have to be
elevated if it was going through a major renovation, but rather to be what they call dry
flood proofed through the process of paint and stucco and waterproofing material as of
all the flood gates, which you may or may not have seen through the advent of
Hurricane Sandy last winter. So, that's really the most major changes that we are
proposing. The rest of what we are proposing is a lot of clarifications within the
ordinance. Things were moved around to make sense in a flow. Certain terminologies
we were clarified as there was a -- a confusion or a lack of connection within the code
and how it works for reference. The second piece of why we are doing this today is it
ties in with the building code updates that are occurring today as well that Mr. Palmer
will be presenting. There are provisions in the building code currently that address flood
plain regulations that are in conflict with our local ordinance, so we have to amend out
certain provisions of the building code, thought that this would be a good time to
introduce the flood plain updates, as well as the amending out the building code, so that
Meridian City Council
October 15, 2013
Page 44 of 48
everything flows together nicely. Through our outreach process currently we have
noticed -- we are following ..the noticing process that the building code follows, because,
again, we are amending the elements in the building code. We are also following notice
process. We have sent notices to agencies, such as the Building Contractors
Association, ACRD, local irrigation districts. We have spoken with the Building
Contractors Association government affairs agent, as well as presented draft changes
to their board at last week's meeting. We have spoken with ACRD and clarified -- they
had a minor concern about what one of the changes might have meant compared to the
existing ordinance and we clarified that there was change, it was just a rewording and a
relocating of that language due to the conflict and how the code was administered. And
we have also spoken with the irrigation districts. I have gotten soft feedback from
Nampa-Meridian that they didn't think that there was anything relative to their changes,
but, again, we are open to public process and if they have comments they are welcome
to contact me or any of us and provide any feedback that they may have. So, that's a
rather brief run through, but I will stand for any questions that you may have on the
updated ordinance or any questions that I can address.
De Weerd: Thank you. Council, any questions?
Bird: I have none, Mayor.
Rountree: Madam Mayor, just -- has there been any feedback with your discussions
with the contractors and the other folk, other than the feedback from ACHD?
Allison: Madam Mayor, Councilman Rountree, to date none of particular notice. The
government affairs agent for the BCA did contact me and spent about a half an hour on
the phone running through the changes and what they meant and he felt confident that
at the time it was okay with them and they are continuing to look at it, but it's, again, if
they have any comments they are free to contact me.
Rountree: Thank you.
Allison: You're welcome.
De Weerd: Certainly the more substantive change is expensive than what we currently
have, so I can't imagine that that would be a concern.
Allison: Madam Mayor and Council Members, that's correct. That's a good tool to use
live and I think it's something that when we adopted the ordinance in 2008 it wasn't
something we looked and now having run through these changes for five years there is
no -- that's a good solution to have in there is a tool kit to use for the existing
community.
De Weerd: Thank you. Any questions from Council? Okay. Thank you. Appreciate
the update.
Meridian City Council
October 15, 2013
Page 45 of 48
B. Community Development Department/Building & Development
Services Division Report: Adoption of 2012 International
Building Code, 2009 International Residential Code, 2009
International Energy Conserve anon Code, and Local
Amendments(Title 10, Chapter 1, Meridian City Code)
De Weerd: Okay. Item 9-B is under our Development -- Community Development
Department and Building Services. Brent.
Bjornson: Good evening, Madam Mayor, Members of Council. Draft ordinance before
you for review and consideration this evening is to adopt the 2012 International Building
Code, the 2009 International Residential Code and the 2009 International Energy
Conservation Code, with local amendments. I will note that the 2009 Residential Code
and the 2009 Energy Conservation Code, there is no change to those. Essentially the
2012 International Building Code is the commercial code that we are bringing in and
updating. As you are aware, Idaho statute requires us to follow the state adoption,
which we did. The state adoption occurred last July. Municipalities follow by January 1
the following year. The local amendments that we have got in the packet -- you will
notice there is very little change from the building side. It's currently as it exists right
now, with the exception of this item to date that was spoke to. It's the flood plain. We
did a little bit of housekeeping, a little bit of the clean up of the language and things that
we wanted to update, but nothing significant as far as change, cost increase in any area
to anybody that would be a builder, anybody -- if it's a homeowner in the community.
We took it to the BCA, presented to them on last Tuesday, October 8. And I think as far
as the timeline goes that I would like to speak about, obviously, the department report
tonight, as Mr. Miles said, notification for Idaho statute, mail goes out to all those
agencies. Tomorrow, October 16, we would publish in the Valley Times on October 21
and, essentially, the public hearing would be on November 26. We are looking for an
effective date of January 1. That's really all the information I have got in a nutshell and
happy to stand for any questions.
De Weerd: Thank you, Brent. Any questions from Council?
Rountree: I have none.
Bird: I have none.
De Weerd: Okay. Let's move it forward.
C. Fire Department Report: Adoption of 2012 International Fire
Code and Local Amendments (Title 10, Chapter 4, Meridian
City Code)
De Weerd: Under 9-C is our Fire Department.
Meridian City Council
October 15, 2013
Page 46 of 48
Palmer: Good evening, Madam Mayor and Members of the Council. This pretty much
dove tails with what Brent had just talked about. We are on the same time frame for
adoption of the International Fire Code, 2012 edition would be proposed to take effect in
January. The draft that you have before you, in large part is just cleaning up open-
ended chapters in the code where it makes it specific to Meridian or where it leaves it
pretty open to the authority having jurisdiction. We have brought specificity to that. The
primary changes that you need to be aware of that really doesn't get outlined in the draft
before you is Appendix D, which speaks to fire department access. Currently the local
amendment allows for up to 50 homes on a single access. The -- because the state
has adopted the appendices and the International Fire Code for us to amend it we have
to be equal to or stricter than and the code calls for 30 homes maximum for a single
point of access. So, the new code would reflect that current code language that allows
for 30, not 50. The exception would be if all 30 homes were to be sprinklered, then,
they could exceed that amount. The other change is also near where the appendices
are listed and that would be 105.3. Currently for aerial access the code calls for
setbacks of 15 minimum, 30 maximum. We have experienced issues with that in the
past where with the landscape buffers and pedestrian paths, carports, we cannot
achieve the 30 foot maximum. So, what we have done is codified our practice to this
point that allows us aerial access to the critical points of the building by establishing that
the center line of the road be no more than 85 feet from the center of the building and
not to exceed 55 feet in vertical height. That allows us to access the critical points on
the building with our existing aerial apparatus. And with that I will stand for questions
and give any clarification that you may need.
De Weerd: Thank you, Perry. Any questions?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Question, Perry. On something like that we saw aplat -- a couple plats that
have existing buildings and where they run that road and an existing structure, as
opposed to new construction, is that grandfathered in or do they have to run that road
and it can't be more than 85 feet from center line?
Palmer: Madam Mayor, Councilman Hoaglun, the buildings that are existing would fall
under whatever the code was at the time that it was built. This would apply to any new
construction that would be after January 1. The -- the code does allow some
adjustment that I can make or the authority having jurisdiction if they are sprinklered and
in most cases these are. So, there is some latitude in that, we are just, basically,
codifying that latitude that we have been exercising up to this point.
Hoaglun: Okay. Thank you, Perry.
De Weerd: Okay. Anything further from Council? Okay. Thank you, Perry.
Meridian City Council
October 15, 2013
Page 47 of 48
Palmer: Uh-huh.
Item 10: Future Meeting Topics
De Weerd: Okay. Council, under Item 10, any items for future meeting agendas?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Not really a subject, but -- not a topic, but a question about whether we
should have a meeting or not. Looking forward to December, the fourth Tuesday in
December is actually Christmas Eve, the 24th, and I wonder whether we would have a
meeting that day or we should block it out of agenda manager somehow.
De Weerd: Oh, let's do.
Rountree: Maybe Santa could come and visit us.
De Weerd: I can --
Zaremba: The fifth Tuesday is New Years Eve, but we don't normally have a fifth
Tuesday meeting anyhow, so my question is on the 24th. Should we lock it out of the
agenda manager.
De Weerd: We always do.
Zaremba: Okay.
De Weerd: So -- I won't be here. I don't think staff will either.
Zaremba: We don't want staff to have to be here.
De Weerd: Okay. Anything further? Just a reminder to -- that we have the grand
opening at Village at Meridian on Friday and hope to see you all there.
Rountree: Okay. 5:30?
Zaremba: That's exciting.
De Weerd: Okay. Council, I would entertain a motion to adjourn.
Rountree: So moved.
Bird: Second.
Meridian City Council
October 15, 2013
Page 48 of 48
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 7:56 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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