HomeMy WebLinkAbout2014-03-18E IDIAN%- -' CITY COUNCIL REGULAR
Y 4~ ~~~ MEETING AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, March 18, 2014 at 6:00 PM
1. Roll-Call Attendance
X David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
O Genesis Milam X Luke Cavener
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Darrell Taylor with Ten Mile Christian Church
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved (Pg 2-4)
A. Approve Minutes of March 4, 2014 City Council Meeting
B. Development Agreement for Approval: AZ 13-010 McLinder Subdivision by
TS Development, LLC. Generally Located at the Southeast Corner of W.
McMillan and N. Linder Roads at 4650 N. Linder Road and 1437 W. McMillan
Road Request: Annexation and Zoning of 13 Acres of Land With the R-15
(6.43 acres) and C-N (6.58 acres) Zoning Districts
C. Approval of Findings of Facts and Conclusions of Law for Denial - MDA 13-
024 & PP 13-039 Falconers Place by Falcon Drive Meridian, LLC located
Southeast Corner of E. Falcon Drive and S. Eagle Road. Denial of a
Request to Amend the Recorded Development Agreement (Instrument
#105152708)to Change the Development Plan from a Retirement
Community to a Townhome Community for the Proposed Falconers Place
Subdivision. Denial of Request for Preliminary Plat Approval Consisting of
Two (2) Residential Lots and One (1) Common Lot on Approximately 4.69
Acres in an R-8 Zoning District.
D. Final Order for Approval: TEC 14-002 Centrepointe North by Jonathan Seel
Located West Side of N. Eagle Road, Approximately a 1/4 Mile North of E.
Meridian City Council Meeting Agenda -Tuesday, March 18, 2014 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.
Ustick Road Request: Two (2) Year Time Extension on the Preliminary Plat
in order to Obtain the City Engineer's Signature on a Final Plat
E. Sewer Main Easement for the Village at Cold Creek
F. Police Department: Subgrant Agreement for Ada City County Emergency
Management Grants
G. Cooperative Agreement for Sewer Improvements at the Interstate 84
Meridian Road Interchange - 2
6. Community Items/Presentations
A. Parks and Recreation Commission: Annual Report Presentation (Pg 4-6)
B. Historic Preservation Commission: Annual Report Presentation (Pg 6-9)
7. Items Moved From Consent Agenda None (Pg 9)
8. Action Items
A. Public Hearing: TEC 14-003 Seyam Subdivision by Volante Investments
Located North Side of E. Franklin Road and East of N. Eagle Road Request:
Two (2) Year Time Extension on the Preliminary Plat Continued to March
25, 2014 (Pg 9-10)
B. Public Hearing: AZ 13-015 TM Creek by SCS Brighton, LLC Located
Southeast Corner of W. Franklin Road and S. Ten Mile Road Request:
Annexation and Zoning of 45.34 Acres of Land with C-G (34.82 acres), R-40
(3.94 Acres) and TN-C (5.58 Acres) Zoning Districts Approved (Pg 10-26)
C. Public Hearing: PP 13-030 TM Creek by SCS Brighton, LLC Located
Southeast Corner of W. Franklin Road and S. Ten Mile Road Request:
Preliminary Plat Approval Consisting of Forty-Nine (49) Building Lots and
Three (3) Common/Other Lots on 41.03 Acres of Land in the Proposed C-G,
R-40 and TN-C Zoning Districts Approved with Conditions (Pg 10-26)
D. Continued from March 4, 2014: FP 14-007 Spurwing Orchard No. 3 by
Brighton Investments, LLC Located North Side of Chinden Boulevard, West
of N. Ten Mile Road Request: Final Plat Approval Consisting of Sixty-Three
(63) Single Family Residential Lots and Four (4) Common Lots on
Approximately 25.85 Acres in the R-4 Zoning District Approved (Pg 26-29)
E. FP 14-008 Solterra by Conger Management Group Located Northeast
Corner of E. Fairview Avenue and N. Hickory Way Request: Final Plat
Approval Consisting of Four (4) Commercial Lots, Forty-Three (43)
Meridian City Council Meeting Agenda -Tuesday, March 18, 2014 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.
Residential Lots and Eight (8) Common/Other Lots on Approximately 16.22
Acres in an C-G, L-O and R-15 Zoning Districts Approved (Pg 29-30)
F. Public Hearing: VAC 14-001 Leisman Addition by Lawson Design Located
East of N. Linder Road and North of W. Pine Avenue Request: Vacate the
Ten (10) Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement
Along the Shared Lot Lines of Lots 3 and 4, Block 3 Platted with the
Leisman Addition Subdivision Approved (Pg 30-32)
G. Public Hearing: PP 13-042 Centre Point Square by Center Point Square,
LLC Located West of N. Eagle Road and South of E. Ustick Road Request:
Preliminary Plat Approval Consisting of Forty (40) Single-Family Buildable
Lots and Four (4) Common/Other Lots on Approximately 5.28 Acres of
Land in an R-15 Zoning District Continued to March 25, 2014 (Pg 33-50)
H. Public Hearing: MDA 13-025 Centre Point Square by Centre Point Square,
LLC Located West of N. Eagle Road and South of E. Ustick Road Request:
Development Agreement Modification to Change the Development Plan
from Multi-Family to Single Family Continued to March 25, 2014 (Pg 33-50)
9. Department Reports
A. Mayor's Office: Resolution No. 14-981: Appointment of Michelle Glaze to
Seat 1 of the Meridian Arts Commission Approved (Pg 50)
B. Police Department: Budget Amendment for the Replacement of Patrol Car
for the Not-to-Exceed Amount of $8,853.00 Approved (Pg 51-52)
10. Ordinances
A. Ordinance No. 14-1600: An Ordinance (AZ 13-010 McLinder
Subdivision/Sawtooth Village) for Annexation of a Parcel of Ground
Located in the Northwest 114 of Section 36, Township 3 North, Range 1
East; Establishing and Determining the Land Use Zoning Classification of
Said Lands from RUT to R-15 (6.426 Acres) (Medium High Density
Residential District) and C-N (6.578 Acres) (Neighborhood Business
District) and Providing an Effective Date Approved (Pg 52-53)
11. Future Meeting Topics None (Pg 53)
12. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its
legal representatives in pending litigation) Note: An action by City Council may
follow the executive session.
Into Executive Session at 8:31 p.m.
Out of Executive Session at 9:18 p.m. (Pg 53-54)
Meridian City Council Meeting Agenda -Tuesday, March 18, 2014 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.
13. Amended onto the Agenda: Master Agreement with Nampa Meridian Irrigation
District (NMID) for Permitted and Future Encroachments Approved (Pg 54-56)
Adjourned at 9:20 p.m.
Meridian City Council Meeting Agenda -Tuesday, March 18, 2014 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council March 18, 2014
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, March
18, 2014, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, David
Zaremba Joe Borton, and Luke Cavener.
Members Absent: Genesis Milam.
Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Sonya
Watters, Clint Dolsby, Jamie Leslie, Chris Amenn, David Miles, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
Genesis Milam X Luke Cavener
X Mayor Tammy de Weerd
De Weerd: Welcome to the City Council meeting. We appreciate having you all here.
In particular our Boy Scouts. Always nice to see the young people of our community,
especially our Boy Scouts. You do give us hope and confidence in our future. So,
thank you for being here. For the record it is Tuesday, March 18th. It's 6:00 p.m. We
will start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we will be led by Troop 198
of Fairview LDS Ward. Caden Gardis is going to lead us. If you will, please, come
forward.
(Pledge of Allegiance recited.)
De Weerd: Caden, if I could give you a City of Meridian pin for leading us in the pledge
tonight. Thank you. I think you should have earned two merit badges for that. I guess
should talk to your leader with that remark, huh?
Item 3: Community Invocation by Darrell Taylor with Ten Mile Christian
Church
De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by
Darrell Taylor. He is with Ten Mile Christian Church. If you will come join us in the
front, Darrell. I would ask that all of you join us in the community invocation or take this
as an opportunity for a moment of reflection. Thank you for joining us.
Meridian City Council
March 18, 2014
Page 2 of 56
Taylor: Thank you. Let us pray. Heavenly Father, just thank you for this beautiful day
that spring is coming. Maybe not as fast as we would like it, but we will -- we will let you
do that. Father, just ask that we may be reminded as spring is here that there are new
beginnings and new life and we just thank you for that reminder that old things can pass
away and new things can come up brand new. Father, we just thank you for the Boy
Scouts here, for their dedication and their service to their community. Father, for the --
just ask a special blessing on those that make Meridian a wonderful, beautiful place to
live. For those that are dedicated to service and for -- for protection to -- to make this a
great place to retire, to raise kids, and just enjoy life. Father, for those that are in our
armed forces that you will keep them safe as they keep watch over us and, Father, for --
for our nation, that you will continue to bless this nation under God and as -- Father, a
special blessing upon this -- this meeting, Father, for and -- and for resolve and, Father,
again we are so truly thankful to be in this community and for those that help support it,
we just thank you, in Jesus' name, amen.
De Weerd: How appropriate you led us in the invocation, Darrell. Certainly you have
been very involved with the Boy Scouts and your leadership is appreciated as well.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: A couple of notes, additions to the agenda. Item 8-A has been requested to
continue to March 25th. Item 9-A, the Resolution No. is 14-981. And Item 10-A, the
ordinance number is 14-1600. And with those additions, Madam Mayor, I move that we
approve the agenda.
Bird: Second.
De Weerd: I have a motion and a second to approve the agenda. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 5: Consent Agenda
A. Approve Minutes of March 4, 2014 City Council Meeting
B. Development Agreement for Approval: AZ 13-010 McLinder
Subdivision by TS Development, LLC. Generally Located at the
Southeast Corner of W. McMillan and N. Linder Roads at 4650
Meridian City Council
March 18, 2014
Page 3 of 56
N. Linder Road and 1437 W. McMillan Road Request:
Annexation and Zoning of 13 Acres of Land With the R-15 (6.43
acres) and C-N (6.58 acres) Zoning Districts
C. Approval of Findings of Facts and Conclusions of Law for
Denial - MDA 13-024 & PP 13-039 Falconers Place by Falcon
Drive Meridian, LLC located Southeast Corner of E. Falcon
Drive and S. Eagle Road. Denial of a Request to Amend the
Recorded Development Agreement (Instrument #105152708)to
Change the Development Plan from a Retirement Community
to a Townhome Community for the Proposed Falconers Place
Subdivision. Denial of Request for Preliminary Plat Approval
Consisting of Two (2) Residential Lots and One (1) Common
Lot on Approximately 4.69 Acres in an R-8 Zoning District.
D. Final Order for Approval: TEC 14-002 Centrepointe North by
Jonathan Seel Located West Side of N. Eagle Road,
Approximately a 1/4 Mile North of E. Ustick Road Request: Two
(2) Year Time Extension on the Preliminary Plat in order to
Obtain the City Engineer's Signature on a Final Plat
E. Sewer Main Easement for the Village at Cold Creek
F. Police Department: Subgrant Agreement for Ada City County
Emergency Management Grants
G. Cooperative Agreement for Sewer Improvements at the
Interstate 84 Meridian Road Interchange - 2
De Weerd: Item 5 is our Consent Agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the Consent Agenda as published and authorize the
Mayor to sign and the Clerk to attest.
Bird: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Madam
Clerk, will you, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
Meridian City Council
March 18, 2014
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De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 6: Community Items/Presentations
A. Parks and Recreation Commission: Annual Report
Presentation
De Weerd: Item No. 6 under Community Presentations we have two of our
commissions here with us tonight and I will ask our Parks and Recreation Commission
chair to come forward, Matt Stoll. Thank you for being here, Matt.
Stoll: The live one or --
De Weerd: They are both --
Bird: They are both live.
Stoll: Madam Mayor, Council Members, thank you for this opportunity to present to you
the annual report from the Parks and Recreation Commission. My name is Matt Stoll. I
serve as the president of the commission for 2014. I have the good fortune, actually, of
reporting for the past fiscal year of 2013, the good work that was led by Commissioners
Phil Liddell and also Commissioners Treg Bernt in their role as the commission
president. So, I take no ownership as the president of the commission on these, but we
were a participant. I'd also like to acknowledge my vice-president Tiffany Coleman.
Treg Bernt, as I mentioned earlier. Sharon Borton. William Fitzgerald. Kent
Goldthorpe. Phillip Liddell. John Nesmith. Creg Steele. They all do good work and
they are appreciative of your appointments as volunteer members on the commission
and we have a grand time. Our 2013 highlights. I'm going to hit the --just the highlights
of the seven page report that you have received of our accomplishments, because you
have a busy schedule. Our all commission goal number one was to pursue additional
funding sources for future pathway construction opportunities. The key criteria that we
hit this past year -- or, actually, was the staff for the Meridian Parks and Rec, they
applied for and received a federal grant to study the arterial road crossings for the Rail
With Trail project. I think that's going to be a critical study that's going to help out with
the commission's and the city's goal of creating a viable pathway network for our
citizens. All commission goal number six, complete the production of a Parks and
Recreation Department community video. That was completed in the spring and
unveiled in July. I believe it's on the website. It certainly has been reviewed with you
and I encourage the citizens to take a look at it. It's a great video that was led by Treg
and by Tiffany, with the support of Collin Moss off your staff and it's just -- it's
outstanding. The all commission goal number seven implements the parks dedication
signs at all parks. The commission has completed the basic layout with information and
language for the park dedication signs to memorialize the great work of our elected
officials, the staff, commissioners, and our partners in developing these City of Meridian
Meridian City Council
March 18, 2014
Page 5 of 56
parks and I think it's something that's duly needed and also it's going to highlight our
great park system and the folks that are responsible with it -- for it and creating it over
the years. We look forward to the unveiling of the signs over this next year. Our Parks
and Rec Commission also created and implemented a Z card map for distribution to the
public, highlighting our parks and pathways. It's a great little pocket thing that some
people need to have an engineering degree to get it back together, others of us just
can't get it figured out, but it's a great thing to help the general public and the kids
looking at how to get around the area and what parks are available. Events I would like
to highlight that we have had. The Christmas tree lighting ceremony has been a great
event over the past few years and it's due to the commitment of the staff and the
volunteers to participate in it. I'm supposed to talk about the 2012 one, but, quite
frankly, 2013 is more immediate and as part of that we had the Winterland Parade,
which was requested by the businesses and the citizens to bring it back and I think it
was a great event. A little chilly for the folks that were on the floats, but it was a great
next step forward and looking forward to this coming year's parade and hope to see you
all and the citizens there. We also had the Winterland festival, which is always a
success and the proceeds benefit organizations and families that are in need. For fiscal
year 2014, the commission has quite a few goals that I won't go into specifically what
they all are, but we are looking to -- looking forward to updating the comprehensive park
system master plan and getting input from the citizens on the development of that plan.
We are also looking forward to working with the Council on the development, design,
and construction of the new dog park in Storey Park. We just last week had a review of
that and all of us are looking forward to that implementation, we think it will be quite a
benefit to the citizens and as always we are looking to continue funding for -- identifying
funding for our pathway network for the citizens. I'd like to acknowledge the great work
of your staff from Parks and Rec. I'm not going to hit everybody that's part of the Parks
and Rec Department, I'm going to touch upon the folks that we deal with on a routine
basis, but, quite frankly, you have an outstanding staff all over. Rachele Meyers has
been fantastic herding cats and we can be -- not as attentive as we need to be on
getting things accomplished. Garrett White has been excellent working with us. Patrick
Dille. Collin Moss. Jay Gibbons. Mike Barton. And, of course, Steve Siddoway. And
we have enjoyed over this past year our liaison Council Member Zaremba and we are
looking forward to working with Council Member Cavener in this upcoming year. With
that I'll stand for any questions that you or the Council may have.
De Weerd: Thank you, Matt. And certainly I would want to extend our thanks to you
and the parks commissioners that are here. We know the time and effort that you put
into serving on the commission. All the detail and the passion that each of you bring to
it is greatly appreciated as well. So, Council, any questions for Matt?
Bird: I have none. Just thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Meridian City Council
March 18, 2014
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Cavener: Not so much a question, just more as a comment. I would reiterate what Matt
said that this commission does have a grand time. As their liaison I enjoy the lively
discussion that this group has. I think it's important for the public to know, too, that the
Parks and Rec Commission is a working commission, so not only do they come and
discussion a variety of topics, but they also work on them throughout their meeting and I
think that makes you as an organization very effective and I'm appreciative of your time
and your volunteering.
Stoll: Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Matt, I as well thank you all -- your entire commission. You're the hardest
working bunch of folks that I could imagine to put together to get something done and
you all have that goal of let's get something done for Parks and Rec and you do a great
job. You did mention one thing and I think we have all supported it, the plagues for the
parks and you're kind of in a final form. I know we have seen them, but it might be a
good idea to see them one more time, particularly with the historic knowledge that
Councilman Bird has particularly on things that have gone and me, to make sure we
don't forget somebody. We don't like to do that, but occasionally do. So, I think that
would be good to do as part of your final review of those, if you would. Other than that,
keep up the good work and help support the city's desire for the best and grandest
parks and recreation system that we can put together.
De Weerd: And pathway system.
Rountree: And pathways.
De Weerd: Any other comments from Council? Okay. Thank you again.
Stoll: Thank you. Have a great night.
De Weerd: And I ask that -- I know that Tiffany and Phil are here. Will you, please,
stand up as well. I know the Council knows you, but we appreciate our citizen
volunteers. So, thank you.
B. Historic Preservation Commission: Annual Report
Presentation
De Weerd: Okay. Our next report is from Blaine Johnston and he will come and talk
about our Historic Preservation Commission that also had some exciting things that you
have been working on over the last year. So, welcome to our Council meeting.
Meridian City Council
March 18, 2014
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Johnston: Madam Mayor, excuse me, Members of the Council, thank you for this
opportunity to summarize what Meridian Historic Preservation Commission has been
doing. My name is Blaine Johnston, I am chairman of the Meridian Historic
Preservation Commission. Excuse me. In 2013 we partnered with TAG Historical
Research and Consulting Group, to develop a five year plan for the commission. The
goal of this partnership is to identify and prioritize areas of historic significance within
the City of Meridian, determining which areas are at greater risk for losing their
structural integrity and/or being compromised by development. As a commission we
use this information to schedule and pursue additional survey of the area, as well as
consider possible nominations to the National Historic Registry. The plan includes a
comprehensive history of early Meridian and summarizes the work the commission has
done to this point, including details on previous property surveys and the properties
listed on the national registry. A copy of this plan is available for you to view at the city
clerk's office. We encourage all residents to review it and gain a greater understanding
of the part each person plays in their own history. The commission celebrated National
Historic Preservation Month in May by hosting three presentations. This year was
especially important to Idaho as Idaho celebrated its territorial sesquicentennial with
three presentations that discussed topics are -- were of irrigation, the interurban
railroad, and Abraham Lincoln's efforts on effect of Idaho's early development.
Approximately 35 citizens attended each of the events in City Council chambers. We
received statewide recognition for these presentations through Preservation Idaho.
Many Meridian residents are completely unaware of what an important role irrigation
plays in survival of our community. Preservation month is always a great opportunity to
not only remind citizens to preserve our history, but also our natural resources. If the
Boise River is not maintained and cared for, irrigation ditches in our community will not
function. We live in a desert and our resources should be protected carefully. The
historical society also put together a wonderful program that allowed residents the
opportunity to learn quick and fun facts about Meridian's early properties and
residences. If This Property Could Talk signs located -- were located all over downtown
area and display the character that makes Meridian such a unique and vibrant
community. This low cost outreach program is a nationwide effort -- event and each
May If This Property Could Talk signs can be found on main streets all across the
country. HPC also has a presence through social media. The Meridian History Center
has a page on Facebook, so if you have not had a chance to go out and like us, please,
do so. HPC took on a major endeavor this year and created our history page on the
city's website. While the commission maintains the external page through WIX, the site
through meridiancity.org is more comprehensive. It includes a history of the area, early
residents, tons of commission news, and property information. It is through this new
website the multi-media portion of the newly revamped walking tour will be available.
Members of the commission also participated in walking tour subcommittees. This
group features a unique partnership with the city, Meridian Development Corporation,
and Historical Society, whose goal is to revamp and re-launch the updated walking tour
program. The updated tour provides citizens with a fully accessible multi-media
historical experience. The tour will begin at City Hall with the first of hopefully many
historical interpretive signs. This panel, designed and fabricated by Trademark Sign
Company will provide a brief synopsis of the walking tour and an eye catching marker.
Meridian City Council
March 18, 2014
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The walking tour brochures will be kept in a waterproof holder attached to the panel.
The new brochures will include quick read or QR codes that are directly linked to our
history page within the city website. For those of you who are unfamiliar with this
technology, QR codes are similar to website addresses, except the data is stored on an
icon accessible to an app on your smart phone. This new to our history website and
highlights each of the properties on the walking tour. A citizen can walk the tour and by
using their smart phone view the website and additional information and videos that
feature historian Lila Hill and her unique and valuable perspective on the early
community and residents. The commission is hopeful that this new signage will grab
the attention of a few new guests and provide an opportunity for schools, families, and
even the youngest of historians to experience life in early Meridian. This will become
just one more asset keeping Meridian residents in our downtown and, hopefully,
discovering all that is unique about our main street. If you do not have a QR on your
smart phone or iPad, and you are interested in this technology, you're welcome to stop
by the city clerk's office and Jacy Jones will get you set up. Working with the history
center and historical society, the city now has access to many new and never publicly
seen photographs. Original slides are being converted -- original slides are being
converted to digital jpeg images and printed for public viewing. These new photographs
are going to provide an even more and wonderful experience toward visitors to the
history center. The commission is looking forward to even bigger 2015 and we
appreciate all that's moving forward. And I messed up and forgot to go through the slide
show. I'm going to leave you now with a few images of these wonderful gifts of our
community. That's our preservation month. If our -- if this property could have walk
signs around the town. Our Facebook website. This picture is of the site at Demond
Orchard on Ustick Road. This is the east side of Main Street between Idaho and the
alley. It features Sooner Drug. Dr. Toms, M.D. Post office and Victals Grocery. This
Meridian High School orchestra, 1935 photo. And with that I will open myself up to any
questions. And I'm sorry for my nerves.
De Weerd: Sonya, can you back it up? I think we skipped over one that showed --
yeah. Right there.
Johnston: The walking tour.
De Weerd: The walking tour. I know that there was a lot of work in that and I would like
to in particular call out Jacy Jones. She was an incredible resource, did a lot of leg work
on this, as well as Brian from the planning department. They -- and Natalie also from
my office put a lot of work into this, in addition to the subcommittee from the Historical
Preservation Commission. So, this is going to take off in the -- we hope next month if
we can get the signs up. If not, it will match the history month. But this is -- this is a
special project that I look forward to rolling out to our community and hope that they get
a better understanding of -- of the roots -- the deep seated roots of our community and
what's -- what's of value and I think that most of the City Council members up here have
had a tour by Lila Hill, but this now allows us all to have a tour by Lila as we walk
through the community and we hope that those -- I think it's the fourth graders that
come through and do a lot of these walking tours. I hope they can take those brochures
Meridian City Council
March 18, 2014
Page 9 of 56
home and share it with their families, that you can go on the computer and take the tour
virtually on the computer or I hope that these kids are so excited about it that they drag
their parents downtown and take that tour and experience it first hand. So, we
appreciate everything that you have done, Blaine, and I will ask the Council if you have
any questions.
Bird: Just great work. Appreciate it.
Rountree: Thanks for keeping our history alive.
Johnston: We are working at it.
De Weerd: Yes. Thank you.
Johnston: I thank you.
De Weerd: Might be a more interesting scout outing than a City Council meeting.
Although I think that our City Council meetings are really interesting, as you will soon
find out, but the history walk will also be something that will be of great value.
Item 7: Items Moved From Consent Agenda
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8: Action Items
A. Public Hearing: TEC 14-003 Seyam Subdivision by Volante
Investments Located North Side of E. Franklin Road and East
of N. Eagle Road Request: Two (2) Year Time Extension on the
Preliminary Plat
De Weerd: So, we will move to Action Items. The first item, 8-A, has -- staff has
requested continuance to March 25th. There was an error in noticing, so we apologize
if there is any member of the public that came for this public hearing, but due to the
notice error we will have to continue this to March 25th. With that said I will go ahead
and open the public hearing and ask Council for a motion to continue.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue TEC 14-003 to March 25th, 2014.
Rountree: Second.
Meridian City Council
March 18, 2014
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De Weerd: I have a motion and a second to continue Item 8-A to the 25th of March. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
B. Public Hearing: AZ 13-015 TM Creek by SCS Brighton, LLC
Located Southeast Corner of W. Franklin Road and S. Ten Mile
Road Request: Annexation and Zoning of 45.34 Acres of Land
with C-G (34.82 acres), R-40 (3.94 Acres) and TN-C (5.58 Acres)
Zoning Districts
C. Public Hearing: PP 13-030 TM Creek by SCS Brighton, LLC
Located Southeast Corner of W. Franklin Road and S. Ten Mile
Road Request: Preliminary Plat Approval Consisting of Forty-
Nine (49) Building Lots and Three (3) Common/Other Lots on
41.03 Acres of Land in the Proposed C-G, R-40 and TN-C
Zoning Districts
De Weerd: The next two items, B and C, are public hearings on AZ 13-015 and PP
133-030. I will open these two public hearings and ask for staff comments at this time.
Watters: Thank you, Madam Mayor, Members of the Council. Next applications before
you are a request for annexation and zoning and a preliminary plat. This site consists of
41.03 acres of land. It's zoned in Ada County and is located on the southeast corner of
West Franklin Road and South Ten Mile Road. The applicant is requesting annexation
and zoning approval of 45.34 acres of land with C-G zoning, which consists of 35.82
acres. TN-C zoning, which consists of 5.58 acres. And R-40, 3.94 acres. Consistent
with the future land use map designations for this site of mixed use commercial, lifestyle
center, and high density residential. The applicant proposes to develop mixed use
projects consisting of office and retail from service and restaurant pad sites to mid size
commercial and multi-family residential uses. A concept plan was submitted as shown
that depicts building pads, parking, access points, streets, driveways, landscape
buffers, easements and a pathway along the Ten Mile Creek. Multi-family residential
uses are proposed in the R-40 district at the southeast corner of the site. The proposed
preliminary plat consists of 49 building lots and three common other lots on 41.03 acres
of land. The applicant anticipates the development will be phased. However, a phasing
plan was not submitted with this application. Access to the site is proposed as shown
here on the concept plan via one right-in, right-out, one right-in, right-out, left-in and one
full access via Franklin Road. Two right-in, right-out accesses and one full access via
Ten Mile Road. The concept plan depicts an approved traffic signal for the full access
on Franklin Road at the Franklin Avenue intersection to be installed when warranted in
the future. During the recent widening of Franklin and Ten Mile Roads all of the curb
cuts for access were constructed and have been approved by ACHD based on the Ten
Mile area access study prepared by HGR Engineering on behalf of the Brighton
Corporation. Deceleration lanes were also constructed for the two accesses closest to
the Franklin-Ten Mile intersection on Ten Mile Road and the access closest to the
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March 18, 2014
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collector street off Franklin Road. Two collector streets, one east and one west --
excuse me -- one east-west, Ten Mile Creek Drive, and one north-south, Franklin
Crossing Avenue, are depicted on the plat via Ten Mile and Franklin Roads in accord
with the transportation plan for this area and terminate in a cul-de-sac at the south
boundary of the site. There are a total of six driveway accesses, three on each side,
proposed via Franklin Crossing and two via Ten Mile Creek Drive. A waiver for the
access standards in UDC 11-3A3 is needed from City Council for approval of the
proposed accesses via the collector and arterial streets. Staff recommends cross-
access ingress-egress easement is granted to the property to the east for future
interconnectivity. A 35 foot wide street buffer is proposes along Ten Mile and Franklin
Roads in accord with UDC standards. A sidewalk was constructed along Franklin Road
and along a portion of the Ten Mile Creek Road near the intersection with the recent
road widening projects. A segment of the city's multi-use pathway system is designated
through this site along the Ten Mile Creek to the Franklin-Ten Mile intersection and also
along the frontage of the site along Ten Mile Road. The Ten Mile Creek bisects this site
and is a natural waterway. The applicant proposes to pipe approximately 300 feet of
the creek nearest to Franklin Road as shown here in the red dotted line and they
propose to enhance the open portion of the creek with landscaping and other amenities.
Because the UDC and the Comprehensive Plan requires natural waterways, such as
this, to remain open and not be piped, staff recommends the site plan be revised
accordingly, unless otherwise approved by Council. A portion of this site is within the
Meridian flood plain overlay district. Prior to any development the applicant is required
to submit a flood plain development application. Conceptual building elevations were
submitted as shown, showing the type of structures that may be built within this
development. All structures are required to comply with design standards in the UDC,
guidelines in the design manual and design elements of the Ten Mile Interchange
Specific Area Plan. The Commission did recommend approval of this application. Mike
Wardle and David Turnbull testified in favor. No one testified in opposition or
commented on the application. Written testimony in response to the staff report was
submitted by Mike Wardle. Key issues of discussion by the Commission. First, the
buildings should be more oriented around the creek to tie in with the pathway and creek
amenities to create more of a pedestrian environment throughout the site. Leaving all of
the Ten Mile Creek open as required by the UDC versus tiling a portion of it as
requested by the applicant. Providing a pedestrian bridge across the creek for
pedestrian interconnectivity. And requirement for the structure shown on the concept
plan at the northeast corner of Ten Mile and Ten Mile Creek Road -- Drive, excuse me,
to hold the corner. That would be the structure right here. See by my pointer. The
Commission made the following changes to the staff recommendation in the staff report.
They voted to strike condition number 1.1.1 K, which requires the structure I just
mentioned at the northeast corner of the Ten Mile and Ten Mile Creek Drive to be
shifted to the corner. They modified Condition 1.1.1 R to include office uses north of the
creek to include the language where feasible in reference to buildings being designed
with multiple sidewalk entries. A clarified Condition 1.1.3E to only require grass within
the ten foot wide area proposed for future expansion along the north side of Ten Mile
Creek Drive, which would be down here. And modify Condition 1.1.7 to remove the
reference to a specific agency from which an easement is required for the pathway
Meridian City Council
March 18, 2014
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along the creek and last they added a condition requiring sidewalks to be provided
internally along all major drive aisles for pedestrian connectivity. Outstanding issues for
Council. The applicant is requesting a waiver to UDC 11-3A-3 for approval of the
proposed access points to the collector and arterial streets as shown. Secondly, the
Ten Mile Creek is a natural waterway that bisects this site, as I mentioned. As such is
required to remain open as a natural amenity and is not allowed to be piped or
otherwise covered per the UDC. The applicant is requesting approval to pipe
approximately 380 feet of the creek nearest to the Franklin Road intersection as shown.
And, last, they want to -- the applicant would like clarification on the Commission's
recommendation that the major drive aisles all have sidewalks for pedestrian
connectivity. We were unclear -- the Commission did not say whether they wanted
sidewalks on one or two sides of the major drive aisles. So, we need clarification on
that. Major drive aisles would be like the ones coming in here from the access from the
arterial, so -- written testimony since the Commission hearing. There has been none.
Staff will stand for any questions Council might have.
De Weerd: Council, any questions at this time?
Bird: Not at this time, Mayor.
De Weerd: Okay. Thank you for joining us. If you will, please, state your name and
address for the record.
Turnbull: Madam Mayor, Members of the Council, David Turnbull, 12601 West Explorer
Drive in Boise.
De Weerd: Thank you.
Turnbull: You know, this project has been in planning for a number of years. I was
reminded by Steve Smith ten years ago he came to me and said would you like to buy
this property. I'm headed to Russia on a church mission. And I said, yeah, okay, we
will do that and so we have been planning on this in one way or another for about ten
years now. Since that time I think a number of -- Mayor Tammy and a number of the
Council Members have been here throughout, I think. Councilman Borton maybe took a
recess during that period of time and came back and, then, welcome the new Council
Members that maybe don't have all of the history on this project, but I know you're as
keenly interested in it as the rest of the members of the Council. Appreciate the support
we have received from staff through this process. We have had countless meetings, we
have gone through a number of issues, we have tried not to rush anything in this regard,
so we have met numerous times with Planning and Public Works and Parks Department
staff -- had, obviously, a number of meetings with ACHD and ITD and Nampa-Meridian
Irrigation District. So, what we bring here before you -- Sonya, if you could -- how do
advance this?
Watters: I'm not sure. It's a pdf file. I will advantage it for you if you would like.
Meridian City Council
March 18, 2014
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Turnbull: So, what you see here is a conceptual site plan. Now, of course, we don't
know where -- what every user is going to be and how they are going to need to
configure their specific sites, but this gives you an idea of the important elements, which
would be circulation, both vehicular and pedestrian, the treatment of important
amenities, the Ten Mile corridor, Ten Mile -- I would say this: If we go to a meeting with
Nampa-Meridian Irrigation District and we call it Ten Mile Creek they censor us, throw
us out, and say that's a drain. If we come to the city and meet with staff they say that's
Ten Mile Creek. If we call it Ten Mile Drain they throw us out. So, we will just call it
facility and let you interpret. But the Ten Mile facility is -- is an important facility and we
have struggled with this about how to treat it and I will talk about that a little bit -- a little
bit more. But, anyway, as I mentioned, we -- I want to focus on the circulation and
vehicle and pedestrian access. The inclusion of a main street element -- and this goes
back to some previous Council hearings as we have gone through this whole process
about your desire to maintain a main street corridor along that Franklin Crossing we call
it access at the signal there. And we have -- we have held true to our commitments
there and we are providing that. One of the major discussions at the Planning and
Zoning Commission, as Sonya mentioned -- yeah, you can go to that -- was what does
the pedestrian access look like and we didn't have an exhibit adequate to demonstrate
that, it is something that we had planned for, but on this scale it's difficult to see. So,
this makes it much more clear. The black bold lines would demonstrate pathways and
sidewalks within the right of way, as you will notice there off at Franklin Crossing
intersection there is a 12 foot sidewalk, because that's where the buildings are brought
up to the street and so a wider sidewalk. We -- we went over this with staff about it. It
would actually be ten feet or 12 feet. We decided on 12 feet. And, then, there is a
regional pathway system that comes along to the intersection there at Franklin and Ten
Mile and continues up and ACHD works with the city's Parks Department about
continuing that up to that first access on Franklin Road. From there we are proposing a
Ten Mile path -- a ten foot pathway to connect over to the Ten Mile facility. So, those
are the important elements that we wanted to focus on and as you can see with regard
to the waiver that we are requesting on the access, as you know these accesses were
all approved by the City Council a number of years ago, approved by ITD and ACHD
and we treated those more or less -- not just -- it's not like they are direct accesses, like
-- not like direct lot access. As you can see we have created more of a private street
environment where you have to pull into the development before you access any
parking. There is no direct-on parking to any of these access points. And that also
provides us with the opportunity to construct sidewalks. Now, our intention has always
been to have a sidewalk on one side. We think that that's sufficient for purposes of
pedestrian circulation. The second question is the Ten Mile -- well, this is -- this is the
condition that's in 1.1.1A and B, so we will require the waiver from the City Council. If
you could advance to the next one, Sonya. The next portion is the Ten Mile Creek
facility. And as you can see here there is a portion of it where two access points
combine -- there is just no way to -- at that awkward angle to treat this much differently
than we are proposing. It's a fairly deep facility and, you know, just with the access
requirements that Nampa-Meridian has, also the ability to provide pedestrian access to
get people up and down in that short span, plus the overall vehicular and circular --
pedestrian access, it's important for us to be able to do this and, in return, we have
Meridian City Council
March 18, 2014
Page 14 of 56
focused heavily on what we could do to the balance of the -- the facility and so -- if you
would advance to the next slide, Sonya. This is demonstrates where those access
points come in and, essentially, we -- if we put a bridge over or whatever we have to do,
it's mostly a covered facility anyway. So, the next one, Sonya. Okay. So, we worked
with The Land Group pretty extensively and met with Nampa-Meridian Irrigation District
and as you can imagine they have their own sets of concerns and we have been
working with them about how we could take this and make it something out of the
ordinary. The ordinary course of dealing with facilities like this is sort of turn your back
on it, maybe you have got an access -- or a maintenance facility and sometimes you
can get dual access on those, but we wanted to treat that in a -- in a different way, turn
it into a real amenity and as you can see the orientation of these buildings, we have
really tried to create an atmosphere here where these buildings can take advantage of
that corridor, there could be outdoor patios, if there were a restaurant there it could be
outdoor dining. If you would advance to the next slide, Sonya, that gives you a glimpse
of the character. As you come up to that first intersection we would have a view plaza
that overlooks that area, along with the kiosk there that you see on the corner and, then,
that gives you a -- just a glimpse of what we are trying to do, working with Meridian city
and the Parks Department, Nampa-Meridian Irrigation District and the Corps of
Engineers to create something that we think could be an outstanding amenity, not just
for our development, but for the community at large. So, I think Sonya properly covered
all the other issues. I would say that in the Planning and Zoning Commission hearing
we -- we discussed this fairly extensively and I think that the Planning and Zoning
Commission was favorably disposed, but they recognize that this requires City Council
action, so they didn't -- they weren't able to take -- you know, they don't make
recommendations on that. So, with that I would be happy to stand for any questions
and if I missed anything that didn't cover some of the questions you may have I'd like to
answer those now.
De Weerd: Thank you, David. Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Davis, on the concept plan -- if you could pull that up. What's the general
location of where the cross-access to the east would be? Is that there on Ten Mile
Creek?
Turnbull: Excuse me. Could you repeat that?
Rountree: What's the location where cross-access to the east would be provided?
Turnbull: Access to the east would be in a couple of locations. Of course, off of Ten
Mile we have a street at the quarter mile section and that is anticipated to be a shared
facility and, then, again, at the quarter mile section where Franklin Crossing comes in,
there is planned to be a roundabout at our common property line there.
Meridian City Council
March 18, 2014
Page 15 of 56
Rountree: All along Ten Mile crossing -- well, not all along. I mean there is, obvious,
limitations on where that access can be, but Ten Mile Crossing -- is that what it's called,
Mike? The east-west street off Ten Mile. Ten Mile Crossing. So, that would be a
shared facility with the neighboring property owner.
Rountree: Another question for David. What's the discussion been like with the Corps
on covering that portion of the Ten Mile facility?
Turnbull: We have discussed this fairly -- peripherally with the Corps. They won't say
much until they get an application. We have talked pretty extensively with Nampa-
Meridian and with David Miles from your office about the process here. We have
provided flood way studies, you know, what the facility would do to the flood plain and
so forth and once we get your concurrence, then, we can submit an application to the
Corps. We may have to do mitigation. We don't know exactly what they would require,
but the impacts to -- the impacts that they have jurisdiction over are fairly minimal. I'm
speaking in terms of per -- you know, how many square feet of impact we might have.
Rountree: Of wetlands.
Turnbull: Yeah. Right.
De Weerd: Okay. Council, any other questions?
Bird: Not at this time.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Rountree: David, I apologize if I'm not picking it up. Back to Councilman Rountree's
question with the cross-access to the east.
Turnbull: Yes.
Borton: And if you can -- if you can dot on there -- are we talking on just the property --
the road on the southern boundary, the one you were referencing?
Turnbull: How do I --
Watters: Select your color at the top, David. Push the button on the color you want to
select and you should be able to write on it. On the very top of the -- yeah.
Turnbull: All right. So -- what was your question again?
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March 18, 2014
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Borton: The cross-access to the east that was referenced, that Ten Mile Creek Road on
the southern boundary of your project --
Turnbull: Can you point that out, Sonya?
Watters: The east edge right here.
Borton: That's the east edge, but --
Turnbull: Oh. Excuse me. To the east?
Borton: Correct.
Turnbull: Oh, I'm sorry. I was thinking to the south. There is going to be cross-access
along the red dashed line here. Do you see that red dashed line?
Borton: Yes.
Turnbull: Okay. That's where that access would be.
Borton: Okay.
Turnbull: I'm sorry, I probably confused Councilmember Rountree as well, so I
apologize for that.
Rountree: Well, you answered that on the south side.
Turnbull: Yeah. Okay.
Borton: Thank you.
De Weerd: Council, any other questions?
Bird: I have none.
De Weerd: Thank you, David. This is a public hearing on Items 8-B and C. Is there
anyone who wishes to provide testimony on this application?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing none, I move that we close the public hearing.
Bird: On both of them?
Meridian City Council
March 18, 2014
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Rountree: What's that?
Bird: On both of them?
Rountree: On both. Yes.
Bird: Band C. Second.
Rountree: Band C.
Bird: Second.
De Weerd: I do have a motion and a second to close the public hearing. Council,
before I ask you if you're in favor or not, there were a couple of items outstanding for
City Council to consider. Do you want to close the public hearing before you discuss
those or -- in case you have a question for the applicant?
Rountree: That would be fine if there is questions.
Bird: They answered mine.
De Weerd: Okay. Well, I do have a motion and a second to close the public hearing.
All those in favor say aye. Any opposed say nay. Okay.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Okay. Council, any discussion or do I have a motion?
Bird: I got a -- Madam Mayor?
De Weerd: Mr. Bird.
Bird: I got a question for Bill. Bill, if we allow the tiling of the Ten Mile Creek, it would
strictly be with the approval of the Corps of Engineers, which I know they have the final
-- would have the final say over that, is that not true?
Nary: Mr. -- Madam Mayor, Members of the Council, Council Member Bird, yeah, that's
correct.
Bird: Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Meridian City Council
March 18, 2014
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Borton: Follow-up question for Mr. Nary to that. What happens procedurally if for
whatever reason they saw no down the road, does this come back? Does the applicant
-- perhaps want to change their plan immensely, I would presume.
Nary: Madam Mayor, Members of the Council, Council Member Borton, I guess you
could do a couple different things, but you have closed the public hearing, but you could
ask for those alternatives from the --from the applicant as to what they want to do in the
case of that. Otherwise, they are going to be forced to come back, because I don't think
the alternative is in the document today. If I remember in the -- I have got the -- the
findings up in front of me and I'm trying to recall specifically if there is alternatives,
otherwise, I think they have just asked for the waiver or the ability to tile. So, you could
ask for that so you can incorporate that to avoid them having to come back again in the
chance that those get -- that request gets denied.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: What's the process if the applicant comes back -- what are they coming back
for? Is it to amend this application that we are hearing tonight? What --
Nary: Well, Madam Mayor, Members of the Council, yeah, because your findings are
going to grant the permission to the in the alternative -- or, excuse, the at the request. If
that's not granted, then, they can't tile. So, the -- obviously, they would, then, have to
leave it open. I think the testimony has been there is some safety considerations, as
well as their design doesn't incorporate it not being tiled. So, the -- they would be
forced to do that, which means they would, then, have to come back and ask for
amended findings and findings would probably be incorporated to the development
agreement, so they would need to come back and amend that as well. But -- so, all I'm
suggesting is that if you -- if you want to at least cover that particular provision, since
you aren't the final -- the final decision maker on that, it might be -- it might be the
easiest to simply look at what alternatives would exist today or what's likely. It may be
they don't have an alternative at this point and so maybe there is something we could
incorporate in the finding today that if that were to be denied they would have to look at
it engineeringwise as to what's the most appropriate way to remedy that.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: To that point, Mr. Nary, thanks for those answers. It seems important to me --
and (wouldn't necessarily task the applicant to try and answer what the alternative
design would be and solution at this point, because that would be a pretty major
redesign of at least that portion of the project. Part of the reason, in my eyes, that it
appears to be justified in this circumstance to grant a waiver and allow it to be tiled is
because there is a transportation plan many years in the making and a consistent
Meridian City Council
March 18, 2014
Page 19 of 56
pedestrian plan that incorporated it being tiled. So, were that to be denied in the future
that seems like that would be an understandable -- understandably large change to
what -- what's being proposed. So, it would come back.
Nary: Madam Mayor, Members of the Council, Imean -- Council Member Borton, I
think -- I mean I think you're absolutely right. The assumption is that they haven't
brought us this far without contemplating the possibility that it wouldn't be granted. But
you're right, the likelihood it seems very remote, because it does seem to fit in the
character of the area and what's been planned with the other -- with the other facilities
around the area, the roadways, the overpass, all the other things that are there. So, I
would agree with you, it's probably unlikely and if they don't have an alternative it
certainly isn't fatal to tonight's hearing.
Borton: Okay.
Miles: Madam Mayor, if I may interrupt.
De Weerd: Yes. David.
Miles: I'm happy to provide some input now. My name is Dave Miles, I'm the surface
water administrator and the flood plain administrator for the city. We have worked with
Brighton on the application for the flood plain mitigation, of which a portion of it has to
do with the tiling of the Ten Mile Creek. Ultimately their engineering for the hydrology
worked through the flood plain application is what will address any input that the Corps
might have and if the Corps does have input it's ultimately -- it's kind of design driven.
If the applicant chooses to do Scenario A and change the course of the water, the
Corps will simply require that through the flood plain application that they have to
mitigate how that analysis is handled and, essentially, they will be changing a flood plain
map and go through the public noticing process if that's the scenario they choose. If
they choose a different scenario that keeps them within a certain range of tolerance of
the water flow or the water boundaries, then, they won't necessarily have to address the
Corps of Engineers directly, they will handle it all through the flood plain application.
So, ultimately, the solution is however far the design wants to go in the hydrology and
it's answerable through the FEMA process based on what they choose to do. There is
certain public outreach that they would have to do, but rarely have I seen the Corps
deny a permit based on the flood plain application and the requirements that we have
under our city ordinance. So, hopefully, that provides some input that might be of value.
Borton: Thanks, Dave.
De Weerd: Thank you, Dave. Other questions from Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council
March 18, 2014
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Zaremba: While David is there let me pose an idea. It does make sense to me for this
to be tiled. It would be significant detriment to have to figure out how to navigate around
it and how to get traffic around it, pedestrians and vehicles and they would probably
lose at least one building if they had to leave it open. So, assuming that we are making
the suggestion to the Corps to -- to the this part, I would also expect if the property on
the north side of Franklin ever develops the creek takes a turn there and cuts off,
essentially, an unusable piece of property, they are likely to ask to the that corner
section of it, which brings me back to what ACHD has there for the crossing at the
moment is a bridge. So, where I'm going with a question is if this developer is going to
the it, should they be required to the to the center line of the road or just to their property
line, anticipating that the piping may continue? Is there any need that we would be
worried about that?
Rountree: David. Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: If you will. Given the discussion I would make a motion that we reopen the
public hearing on Item 8-C.
Bird: Second that.
Zaremba: Second.
De Weerd: I have a motion and a second to open up the public hearing. All those in
favor say aye.
Bird: Just on one. Just on the PP.
Rountree: Just on the preliminary plat.
Bird: Preliminary plat. 8-C. Not the B.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would note for the record that nobody left the room during the period that
we had the public hearing closed.
De Weerd: Okay. Are you sure you don't want to just open in on both of them?
mean --
Bird: This has nothing to do with the zoning.
Meridian City Council
March 18, 2014
Page 21 of 56
De Weerd: Well, this one doesn't. You may find another point. Just in -- if you're going
to open them --
Rountree: Open B as well.
Bird: Both of them. I don't care.
De Weerd: Okay. And the second doesn't care.
Bird: No.
De Weerd: But agrees.
Bird: I agree.
Rountree: He cares.
De Weerd: Okay. We would like to open the public hearing on Items 8-B and C. All
those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Okay. So, Mr. Zaremba, do you have additional comment or --
Zaremba: Yeah. That was my whole question. Should we be talking about piping to
the center line or just to these -- to this property line? Thinking of some future
possibility.
Miles: Madam Mayor, Councilman Zaremba, currently at the intersection ACHD's
bridges currently go -- extend to the right of way I believe. So, what -- essentially, what
the developer is proposing to do in this project is connect that from the intersection and
the roadway back, if I'm not mistaken. So, effectively, this project will pipe from an
intersection about 400 feet back from the intersection up to that intersection and be
congruent and continuous with the current culvert that ACHD has there and, then,
ACHD's culvert ends on the opposite side -- the north side of Franklin Road. I think that
the discussion for the adjacent property on the north side might be one that --
depending on what that developer might propose is where some discussion comes into
how to handle that, whether it's tiled or handled as a future amenity of some sort. Under
this application Brighton proposed kind of an amenity trade off to the piping presented to
the -- to the Public Works Department, but I believe to answer your question that it's
currently proposed to pipe all the way to the right of way existing bridge that ACRD has,
so it will be a continuous piped channel.
Zaremba: Okay.
Meridian City Council
March 18, 2014
Page 22 of 56
De Weerd: Does the applicant want to make any comment on -- on this item that's
being discussed?
Turnbull: I would just like to --
De Weerd: David, if you will --
Turnbull: David Turnbull.
De Weerd: Thank you.
Turnbull: I'd just like to thank David Miles for the clarity he's offered here. I think he's
absolutely correct and -- and he offered a better explanation than I could about the
application process going forward.
Rountree: Madam Mayor?
Miles: For the record, I would never throw Brighton out of the office if they used the
creek or ditch or drain.
De Weerd: Mr. Rountree.
Rountree: If I could get David to come back. You did not respond to the Commission
changes and recommendations that were identified. Do you support those? Do you
want changes to them?
Turnbull: No. We support -- we support the Commission's recommendations and the
only two remaining items were the waivers that were required for the City Council. I did
clarify, I think, that our proposal for the interior pedestrian circulation was on one side of
aisle.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: David, did that -- one of the comments was with regard to the pedestrian bridge
crossing along -- over the creek.
Turnbull: Uh-huh.
Borton: Is that included and, if so, where, roughly, might that be?
Turnbull: Well, nothing was ever discussed specifically about that. It's something I
suppose we could include. It would also require a level of approval from Nampa-
Meridian Irrigation District, depending on whether it interfered with their operation. We
haven't discussed it with them and we wouldn't -- we don't have approval from them.
Meridian City Council
March 18, 2014
Page 23 of 56
It's something that can be discussed, but they are pretty sensitive about limiting the
number of crossings to it, because it interferes with their operation.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I appreciate that, David, and to the earlier question, I think it's -- it would be a
value item Iwould --Iwould want included into it. Part of the basis that I see the tiling
being justified is how you have described what you're doing to the remaining open ditch
lateral canal waterway.
Turnbull: I understand that.
Borton: You have made it an amenity and discussed having the building layouts try and
accentuate that, which I think is phenomenal and I think that's for me a big factor in why
it makes sense to -- to grant the -- the relief requested with tiling it. I think the
pedestrian bridge would be incorporated to further enhance that amenity and make it
more accessible and visible to the public. So, I would ask --Iwould want that included
as part of it. I think it makes sense.
Turnbull: Madam Mayor, Council Member Borton, that's something we can certainly do
if -- if we can design a pedestrian facility --
Borton: Sure.
Turnbull: -- that meets their approval.
Borton: Understood.
Turnbull: That's acceptable.
Borton: Okay.
De Weerd: Understandable. Any other questions for the applicant?
Bird: I have none.
De Weerd: Okay. David, I guess I would have a question and this is just more out of --
you were an active participant in the Ten Mile Area Specific Plan and the whole idea of
doing it this area specific plan was to make it easier to go through our process, so -- and
I know between doing this plan and now that things are starting to pick up, we need --
we might have a little oil needed to our process, but is it working as we had -- had
hoped or maybe at the conclusion of this we can sit down and have a debrief to -- to see
how this can be better facilitated. If we are meeting the intent of the plan the whole idea
was that this should get through in a seamless process.
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March 18, 2014
Page 24 of 56
Turnbull: Uh-huh. Yeah. I don't know that Icould -- you know, I want to take your time
to talk about that here. I would be happy to sit down with you. I have no complaints
about working with the city and working with staff. There probably are ways that the
process could have been initiated and followed through differently that would have
helped, but, yo.u know, those are things that we can discuss offline and I would be
happy to give my input, but --
De Weerd: Well, I -- yeah, I didn't want specifics, but --
Turnbull: Right.
De Weerd: I would like -- I think it would benefit our team to -- to debrief and see -- this
is -- this is new to all of us and we want to -- to make this plan work --
Turnbull: Right.
De Weerd: -- as intended.
Turnbull: I understand that and I would be happy to meet at anytime.
De Weerd: Well, thank you again for -- for -- this looks like an amazing project and
something that was envisioned as the area specific plan was designed for a mixed use,
higher densities and -- and I think you have done a nice job with that.
Turnbull: Thank you. We are pretty excited about it and I would say in the ten years
that's past since we started this none of you have aged a day, so --
De Weerd: Oh, wow.
Rountree: Whoa.
De Weerd: Can't beat that. I guess that really stumped us, uh? Okay. Council, any
further information needed for the applicant or for staff?
Bird: I have none.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I will remake my motion to close Items 8-B and C.
Bird: Second.
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March 18, 2014
Page 25 of 56
De Weerd: I have a motion and a second to close the public hearings Items 8-B and C.
All those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Rountree: I do have a procedural question for Bill. On the annexation what items need
to be included in that motion with respect to the waivers, the covering of the ditch -- is
that part of the preliminary plat?
Nary: Madam Mayor, Members of the Council, I'm looking at the findings in front of me
and I think all of these are related to the plat, so -- and the annexation, but --
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-B, AZ 13-015.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-B. Any discussion from
Council? Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8, CPP 13-030, subject to staff and
Commission comments, waiving UDC 11-3A-3 with respect to the access off of Ten Mile
and Franklin and approving the tiling of Ten Mile Creek with the corresponding amenity
and improvements to the creek, contingent upon the Corps of Engineers' decision and
Nampa-Meridian Irrigation District's approval and the inclusion of pedestrian access
concept as shown here this evening.
Bird: Second.
De Weerd: I have a motion and a second to approve Item C with the items included as
discussed. Any further comments from Council?
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March 18, 2014
Page 26 of 56
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: The UDC waiver concerning access only pertains to -- the request is only for
Franklin Road; correct? And not Ten Mile.
Watters: Franklin, Ten Mile, and the collector streets, Franklin Crossing Avenue --
Borton: Okay.
Watters: -- and Ten Mile Creek Drive.
De Weerd: Okay.
Borton: And Madam Mayor?
De Weerd: Mr. Borton.
Borton: As so the comment on the pedestrian connectivity, was that specifically having
the sidewalks one side as requested and a pedestrian bridge --
Rountree: As they presented here this evening and it's on one side to the specification
that they have showed in width and location.
Borton: Okay.
De Weerd: Okay. Any further comments?
Bird: I have none.
De Weerd: Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
®. Continued from March 4, 2014: FP 14-007 Spurwing Orchard
No. 3 by Brighton Investments, LLC Located North Side of
Chinden Boulevard, West of N. Ten Mile Road Request: Final
Plat Approval Consisting of Sixty-Three (63) Single Family
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March 18, 2014
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Residential Lots and Four (4) Common Lots on Approximately
25.85 Acres in the R-4 Zoning District
De Weerd: Thank you. Item 8-D is continued from March 4th on FP 14-007. I will ask
for the staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next item is Spurwing
Orchard No. 3 final plat. A few months ago the applicant came before you and annexed
the preliminary plat of this property as Spurwing East preliminary plat. They are here
tonight to discuss two conditions of approval as part of that plat, but also rolled over as
part of the final plat and as you can see here the property is located on the north side of
Chinden Boulevard just west of Ten Mile Road. Here is the approved preliminary plat
which I mentioned. Here is the final plat and the two items that the applicant wishes to
discuss with you this evening would be condition number four of the staff report, which if
you look at the plat here -- as part of the plat the applicant is dedicating or at least
setting aside a 35 foot right of way strip for ITD for future expansion. One of the
recommended conditions in the preliminary plat or the finding for the preliminary plat
require that they dedicate that lot to ITD. So, when the final plat came before me and I
issued the staff report I carried that condition over from the preliminary plat and required
that they dedicate that lot and block to ITD for future widening. In speaking with the
applicant, it was their desire to hold it as a reserve strip and, then, sell it to ITD if and
when the road is ever widened. Staff is amenable to that request. Currently staff is
amenable to changing that language from dedicate to preserve that lot for future
widening. The other item has to do -- still pertains with the same lot. Currently the UDC
requires any reserve strip of right of way that's being held and it's not going to be
widened within the next five years, the applicant is required to put in a ten foot gravel
strip and landscape the remaining with vegetation. If you look at the aerial -- I don't
have an aerial of the site, but when Jayker Subdivision to the east -- or to the west went
in they did not put in the required landscaping or the -- they put all gravel in and did not
do those improvements per their final plat and so the applicant is, basically, looking at
that example and saying if they didn't do it why are we doing that. They want to have
that consistent theme. The one other item that I wanted to bring forth to you as well is
because the applicant is required to put in a pretty substantial berm along Chinden as
noise reduction along that state facility, they actually have a berm in excess of 75 feet.
So, the UDC would -- and generally requires a 35 foot wide landscape buffer. This plat
presented to you is part -- even as part of the preliminary plat showed a 75 foot wide
landscape buffer. So, they are in excess of what the UDC requires. If it is your desire
to approve the applicant's request to remove that condition, staff is recommending that
you place a new condition on the final plat that requires the applicant obtain alternative
compliance approval to waive that landscaping and basically allow staff to move forward
as allowed under the UDC to make modifications to that landscape strip along the
highway -- or Chinden Boulevard. Other than those two issues the applicant is in
concurrence or in agreement with all the other conditions. The final plat is in substantial
conformance with the approved preliminary plat as far as number of lots and open
space. As I mentioned to you other than those two changes to the conditions the
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March 18, 2014
Page 28 of 56
applicant is in agreement, staff is in agreement and we are recommending approval and
I will stand for any questions you have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none at this time.
De Weerd: Okay. Would the applicant like to make any comment?
Turnbull: Madam Mayor, Members of the Council, David Turnbull, 12601 West Explorer
Drive in Boise. Just to clarify one thing that Bill mentioned. It is our desire to hold that
future right of way dedication preservation. I can tell you a little story about why. We
owned all the property between Cloverdale Road and Eagle Road at one point. We
were developing it and I was approached by somebody -- Council Member Rountree
probably knew at the time. He was on the ITD board and he called and asked if we
would be willing to dedicate all the right of way from -- not just for the -- our side, but for
both sides along what is now Boise Research Center and Hobble Creek, to ITD if they
would widen the road and I said, sure, I would be happy to do that, but tell me when
you're going to build that -- widen that road and he said they should be able to get it
done in two years and so I said okay, I donated the right of way to them and they built it
eight or nine years later. So, I like to preserve that option of whether to -- when to
convey it and whether to donate it or whether to sell it. So, that's simply the point there.
We would like to see --
Rountree: Excuse me, David. David? Excuse me. Just to clarify the record, that was
not me speaking.
Turnbull: No. No.
De Weerd: He said you knew who it was.
Bird: It was a board member.
Turnbull: Aboard member. Yes. And, then, again, I think that Bill covered the issue on
the landscaping. That road will eventually be widened. The reality is if we landscape it
and, then, ITD tears it out, they actually have to pay for the landscaping and I don't think
that's an expense that we need to -- I think that's a counterproductive thing. So,
continuing the existing theme, as Bill mentioned, with a 75 foot wide berm I think should
suffice. So, stand for any questions if you have any.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: Okay. Thank you. Council, if there is no questions for the applicant or staff,
I would entertain a motion.
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March 18, 2014
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Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve FP 14-007, include all staff and applicant comments, including
Condition 4 and Condition 6-A.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-D with the additions. Any
discussion? Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
E. FP 14-008 Solterra by Conger Management Group Located
Northeast Corner of E. Fairview Avenue and N. Hickory Way
Request: Final Plat Approval Consisting of Four (4)
Commercial Lots, Forty-Three (43) Residential Lots and Eight
(8) Common/Other Lots on Approximately 16.22 Acres in an C-
G, L-O and R-15 Zoning Districts
De Weerd: Item 8-E is on FP 14-008. I will ask for staff comments on his item.
Parsons: Thank you, Madam Mayor, Members of the Council. Next item is the Solterra
final plat. This originally came through last month. Preliminary -- a rezone and comp
plan change and a preliminary plat. This is the first phase of the final plat. It, again, is
in conformance with the approved preliminary plat and the landscape plan that you
acted on back in February. Probably the major difference between the preliminary plat
and the final plat this evening is the applicant's actually going to phase the residential
portion of the subdivision, so the final plat, rather than having 94 residential lots as
approved under the preliminary plat, the residential portion will plat with 43 at this time.
The only reason why this project is on the regularly scheduled agenda this evening is
staff is requesting that Council amend the condition of approval in the staff report. I
have coordinated with Mr. Freckleton in the office and he is amenable to the change to
the condition and that specific language would apply to condition number seven, which
currently in the staff report requires a ten foot public utility drainage and irrigation --
irrigation easement on Lot 13, Block 2. In working with the applicant and Mr. Freckleton
we believe that that can be reduced from ten feet to five feet. So, in my hearing outline I
have asked Council to amend the condition to change that from ten feet to five feet
along the west boundary of Lot 13, Block 2. The applicant -- I have received written
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March 18, 2014
Page 30 of 56
testimony from the applicant. They are in agreement with the conditions in the final plat
and later this afternoon staff -- while it's unusual, staff did receive written testimony on a
final plat application this evening and it is from the Kleiner Family Trust. The application
here before you -- if you recall when this came through with the preliminary plat and the
rezone staff did require across-access to be in place for the commercial portions here
along Fairview Avenue. You can see here the easement is depicted on the plat here,
but there are no notes that reference what the benefit of that easement is for and so
Kleiner Family Trust sent in written recommendation or written testimony -- just want to
make sure that that easement is in place for them in the future for cross-access. I can
assure you the final plat -- condition of the final plat requires that they add a note to the
plat that either references the cross-access agreement between the properties or has a
note that says what the benefit of that cross-access is for and if you recall the recorded
development agreement on the property also requires the cross-access, both from the
residential portion and the commercial portion. So, conditions are in place to make sure
that happens. Again, they will not get city engineer's signature if those easements
aren't in place, but I did want to go on record and let you know we did receive written
testimony on this application. Other than that I will stand for any questions you have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
De Weerd: Do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-E, FP 14-008 with staff's recommendation to
modified condition number seven from ten foot to five a foot wide permanent public
utilities and drainage easement.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-E with the changes noted.
Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
F. Public Hearing: VAC 14-001 Leisman Addition by Lawson
Design Located East of N. Linder Road and North of W. Pine
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March 18, 2014
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Avenue Request: Vacate the Ten (10) Foot Wide Public Utility,
Drainage and Irrigation (PUDI) Easement Along the Shared Lot
Lines of Lots 3 and 4, Block 3 Platted with the Leisman
Addition Subdivision
De Weerd: Item 8-F is a public hearing on VAC 14-001. I will open this public hearing
with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The next item is the
Leisman Addition vacation. This property was platted in 1978 through the city. At the
time that it came forward it platted two office lots. During that platting process there
were -- there was a ten foot utility easement -- public utilities drainage easement platted
along the shared lot boundary in this general vicinity. The applicant actually received a
certificate of zoning and design review compliance application to do a building addition
on this property as you can see here on the left-hand graphic here and you can see that
the proposed addition is actually going across the lot line. So, as a condition of the
certificate of zoning compliance staff requires -- after that -- as a condition of the
certificate of zoning compliance and before an issuance of a building permit, the
applicant was conditioned to provide -- or at least go through the vacation process to
get rid of that easement in order for them to obtain that building permit. As you can see
here on the right-hand side, you can see the utility easement that the applicant is
proposing to vacate between the shared property boundaries,. We have received
written letters of relinquishment from all the utility providers. They are -- all of them are
okay with the partial releasement of those easements and Nampa-Meridian says they
have no facilities within that easement area as well and, therefore, they cannot release
any easements they do not have any hold over. So, in short, staff is recommending that
they approve this easement as presented to you this evening, so the applicant can get
his building permit and do the 1,500 square foot addition to the existing building on Lot
4, Block 3. Staff has not received any written testimony on this application. We are
recommending approval as proposed this evening and I'd stand for any questions you
have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, have any lot adjustments been moved forward or are we just going to
have a subdivision with a -- one of the lots that's divided --
Parsons: Madam Mayor, Members of the Council --
Rountree: -- with the building on two different lots.
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March 18, 2014
Page 32 of 56
Parsons: Madam Mayor, Members of the Council, Councilman Rountree, at this point in
time the applicant has not proposed to do any lot line adjustment, but both lots are held
under the same ownership, so as far as the UDC standpoint they can -- and it's a
commercial lot, they can build across the lot line without adjusting the lot -- the lot line.
Rountree: Thank you.
De Weerd: Okay. Any other questions at this point? Is the applicant here? Would you
have any comment? If you have any comment you have to do it on the public record.
Even to tell me you don't have any comment you can just nod, but -- the applicant is
available for questions if we have them. This is a public hearing. Is there anyone who
would like to provide testimony on this item?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Seeing no testimony or comment, I would move that we close the public
hearing on Item 8-F, VAC 14-001.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on 8-F. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Move that we approve Item 8-F, VAC 14-001.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 8-F. Any discussion from
Council? Okay. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
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March 18, 2014
Page 33 of 56
G. Public Hearing: PP 13-042 Centre Point Square by Center Point
Square, LLC Located West of N. Eagle Road and South of E.
Ustick Road Request: Preliminary Plat Approval Consisting of
Forty (40) Single-Family Buildable Lots and Four (4)
Common/Other Lots on Approximately 5.28 Acres of Land in
an R-15 Zoning District Continued to March 25, 2014
H. Public Hearing: MDA 13-025 Centre Point Square by Centre
Point Square, LLC Located West of N. Eagle Road and South
of E. Ustick Road Request: Development Agreement
Modification to Change the Development Plan from Multi-
Family to Single Family
De Weerd: Items 8-G and H are public hearings on PP 13-042 and MDA 13-025. I will
open these two public hearings with staff comments at this time.
Parsons: Thank you, Madam Mayor, Members of the Council. The next item on your
agenda is the Centre Point Square Subdivision and it's located on the west side of North
Eagle Road, south of East Ustick Road. It's actually the last 4.23 acre parcel within the
Bienville Square Subdivision. This property was before you late 2012, early 2013, and
received approval of the final plat to develop 28 townhome lots and one 4.23 acre multi-
family lot. It was annexed in 2005 with an R-15 zone and as part of that annexation and
rezone process the applicant did -- was required to enter into a development
agreement. At the time that you took action on this application in 2012 their DA
restricted the use of the site to multi-family and a single family development. We
actually tied them down to one multi-family lot and they have come back through --
through the conditional use process for amulti-family development. In looking at the
existing conditions out there the applicant felt it was better suited as more single family
development within the subdivision and so in order to move forward with that single
family development the applicant has to amend the DA and that's why he is proceeding
with that DA mod today, because currently the DA restricts it to one multi-family lot.
Here is the proposed preliminary plat. Again, it will consist of 40 single family homes.
Most of them -- the majority of them will be attached similar to what's been developed to
the south of this site. Because there is an existing private street network with this
development, single family homes are not allowed to take access from a private street
unless designed around a MEW lot and so that is what you see here centrally located
between the units -- the proposed lots. The one other item that I have mentioned to you
-- when this came back before you in 2012 and you amended the development
agreement there was a provision in that DA that required them to provide a certain
amount of open space between -- not only the townhome development to the south, but
this piece of ground as well and so through the DA the city got creative and said, yes,
you could put open space on that -- on this property provided -- and you can relocate it
provided you provide the same amount equal or greater amount provided -- equal or
greater than what was in excess of ten percent. So, essentially, what was approved
under the final plat was approximately 38,000 square feet of open space when the
townhome portion developed. This MEW lot is in excess of that requirement. So,
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March 18, 2014
Page 34 of 56
essentially, you allowed them to displace the ten percent open space or relocate it when
something came forward on this lot. Now that something is proposed for this lot they
are providing the equal amount of open space as intended on the -- under the amended
development agreement. The one other item that I wanted to point out to you as well is
with the development of the townhome lots -- or at least with the open space -- when
the townhome portions came in staff did not require a specific landscape plan for
buildable lots. Under the UDC we don't require that and staff has heard quite a few
complaints from the neighbors as to the design or the esthetics of that development
south of this proposed development. And so moving forward on this application staff
wanted to insure that this site would actually develop in a highly attractive fashion and
one of our requirements this evening is that the applicant -- first before we even move
forward on the application we wanted to insure that the landscape plan was prepared by
a landscape architect and that's what you see here. To even go in further detail and
because at the Planning and Zoning Commission the applicant testified that all of the
common lots and the buildable lots would be maintained by the HOA, we wanted to
make sure what they were proposing to construct on the buildable lots could be easily
maintained and esthetically pleasing. So, in this graphic here at least the landscape
plan that's presented to you this evening shows you, one, how the MEW lot will be
developed, but also shows you how the landscaping for the buildable lots will be
addressed. And that was a big concern for the neighbors. They were concerned about
the esthetics of this remaining piece given what's happened to the south of them on
those townhome lots. The applicant has presented elevations for you this evening, too.
Again, this is a collogue. It is meant to represent a plethora of design features. It does
not pinpoint the exact design for the development. One thing that I would point out to
the -- to the Council is the -- as you can see my arrows here, these are examples of the
existing townhomes that are currently constructed within that development. I wish I
could blow it up a little bit closer to you, but this is representative of the landscaping that
currently exists out there, which is, essentially, rock with a few shrubs and trees in the
front lawns. But I did want to go on record and point that out to you as well, because I
know the neighbors were very -- very concerned with the esthetics of that development
and it was also brought up to Planning and Zoning Commission as well and they
discussed that quite -- quite at length at their hearing. At the lower portion of this
collogue is the MEW concept that is presented. This is a typical -- at least this is to
represent how that is supposed to blend in or how to be developed and give you a real
world view of that as well. I would mention to you that commission did recommend
approval of the projects at the P&Z hearing on the 6th. Speaking in favor was Bob
Unger. A number of the neighbors within the development did comment on the
application. All of them weren't -- they weren't neutral on the application. They were
not in opposition. Their primary concerns were the esthetics of this development
moving forward, because they weren't happy with what's transpired to the south of
them. Staff did receive written testimony from John Blakely prior to the P&Z
Commission. If I can direct your attention back to the plat here, you can see currently
there is a 20 foot wide easement that bisects the plat in this area here. As part of this
proposal the applicant will be relocating that irrigation facility in this general
configuration here, so that he can make way for this development. The lateral
association wants to make sure that the application retains -- receives written approval
Meridian City Council
March 18, 2014
Page 35 of 56
for the relocation of that facility. We also have a requirement that he vacate that
easement with the final plat, so that we can get a new easement in place to assure that
that -- that is being addressed and that the new facility is in place to provide that
pressurized irrigation system to the development moving forward. So, key items of
discussion at the Commission hearing. As I mentioned to you one was the design of
the single family home. The ones that I presented to you in the collage this evening.
The applicant wants to insure -- or at least the neighbors want to insure that there are
high quality design elements in all facades and I will get into that a little bit further as I
get to what's changed during this Commission hearing. The other item of discussion
was traffic calming and as I mentioned to you, these are private streets, so ACRD had
no jurisdiction over the right of way -- or the roadways in this development for a portion
of them and that would be mainly along the north, east, and south boundaries. A
condition has been placed in the preliminary plat that the applicant coordinate with the
fire department on some kind of traffic calming out there on the private streets. We did
assure -- at least my conversations with the neighbors were the fire department would
not support speed bumps in the private streets, but there are other means for traffic
calming on those roads to slow down the commercial traffic cutting through there. One
other additional item is when this comes -- when the property to the north develops
hopefully that would alleviate some of the cut through traffic through the neighborhood.
And there is a condition on the property to the north that would require that extension --
that roadway to extend and connect to Ustick in the future. So, provisions are in place
to kind of mitigate the traffic through the neighborhood and we just have to wait on
future development to make that happen, but we did want to go on record that traffic
calming could be in place to slow down that commercial traffic if the neighborhood and
the developer works with the fire department. The other item as I mentioned to you was
the esthetics of the townhomes. A lot of the neighbors didn't mind the design of the
townhomes so much. Their argument was with the landscaping -- the current
landscape situation. As I mentioned to you, that current development has all rock in the
front yards and the rear yards and it just doesn't blend in with the esthetics of the
neighborhood. I did the individual CZC and design review for each townhome unit out
there, but as I mentioned to you, the UDC does not regulate landscaping on buildable
lots. I had repeatedly spoke with the developer of the townhomes and with the
applicant this evening on the esthetics of that landscaping and staff's concerns were
ignored, but I did want to go on record and let you know that we tried to push the
applicant to do more out there. They just did not take heed. Because I knew exactly
what the neighbors wanted, they wanted some sort of lawn in the front or streetscape
that mimicked what was happening on the south side of that street and, unfortunately,
that did not happen. And, then, the other item that came up was the amount of usable
open space and I think that's been addressed here. This plat presented to you this
evening does maintain the open space that was required with the previous approval.
The outstanding issues for you tonight. I think the conditions as we presented in the
staff report covers a lot of those concerns and I did want to get to those proposed DA
changes and get those in front of you. As I mentioned to you currently the DA does
restrict the development of this property to one multi-family lot, with the understanding
that it would come back through with conditional use approval for the density in the
future. Now that multi-family has not proposed anymore single family is -- we need to
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amend that DA and the one provision that I have struck out here was that unique
provision that we required the ten percent open space. We allowed it to be on this lot in
the interim basis until this lot developed, as along as they provided equal amount and
so I am asking you to strike that now that we have actually development proposed and
we want to make sure that we tie that 4.23 acres portion to not only the plat that they
are showing this evening, to the open space and the two landscape plans that I
presented to you and, of course, the sample elevations. To go further, we are also
limiting the lots to 40 single family lots as I have noted blow and, then, also during the
P&Z Commission hearing, based on the testimony there, Commission wanted to make
sure that all of the structures within this development received certificate of zoning and
design review compliance -- or design review approval and they wanted to make sure
that all of the structures had a mix of materials on all facades within that development.
And, again, that would be -- so, when they come in for their CZC and design review staff
will be looking for complete design on four-sided architecture, they are going to be
looking for compliance with those landscape plans that I showed you this evening and
we want to make sure -- our biggest concern was how those homes would be seen from
Eagle Road as well. So, we wanted to make sure we had that fenestration addressed --
or at least those design elements addressed for those elevations that face the street as
well. I believe what I'm presenting to you here and what the Planning and Zoning
Commission has in place that we have addressed neighbors concerns we hope moving
forward, that this will be an attractive development. We can try to mitigate for some of
what's happened on those townhome properties to the south. Staff has not received
any additional testimony since the P&Z hearing. As I mentioned to you I think
everything's been addressed in the development agreement and in the conditions of
approval, so there really aren't any outstanding issues, other than the neighbors
complaints of the adjacent development to the south. This concludes my presentation
and I will stand for any questions you may have.
De Weerd: Thank you, Bill. Council, any questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I may have missed this. You have repeatedly identified some dissatisfaction
with the landscaping on the -- the property to the south. What I missed is -- is that the
same developer or are these different applicants, different owners?
Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, from my
understanding and at -- during the public hearing at Planning and Zoning Commission it
was -- these are going to be for sale units and it would possibly be a different buyer.
They don't now at this point.
Zaremba: I'm not sure I --
De Weerd: You need to rephrase that. Is it the same developer?
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Parsons: Same developer, just adifferent --
Zaremba: Yes, that was the question I was going for. Thank you.
De Weerd: Yeah.
Parsons: The person to the south the developer as --
Zaremba: Same developer. Okay.
Parsons: It is the same applicant and the same owner, yes.
Zaremba: Thank you.
De Weerd: Thank you, Bill. Any other questions from Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, your provisions address design review, but -- and were specific about
architectural features, but didn't mention anything about landscaping. Is that to be
assumed that that's going to be part of the design review approval?
Parsons: Madam Mayor, Members of the Council, the way I have it structured if you
need a little more teeth in the development agreement -- but right now I have it in
Section 6.1 --
Rountree: And that's sufficient?
Parsons: -- 14. That's what I'm going to be going off of is those exhibits that I
presented.
Rountree: And, then, that reflects back to what we see tonight in our example.
Parsons: That is correct.
Rountree: Now, go back to your exhibit. Then next one. The photos. What of that is
representative of what we might see?
Parsons: Madam Mayor, Members of the Council, Councilman Rountree, currently --
the applicant wants flexibility to build -- wants the ability to be flexible and build different
renderings out there. He doesn't want to do a monotonous theme out there and that's
why he's presented this. We don't know yet. Again, this is a design -- this is a collage.
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It represents some of the proposed building materials. This is not to represent any of
the design forms out there --
Rountree: Okay.
Parsons: -- that would simply come through CZC design review.
Rountree: Okay.
Parsons: When they came through with that we would be looking for these mix of
materials on those four facades. How they do that will be determined through staff level
review.
Rountree: Okay. So, this is just a materials collage.
Parsons: That is correct.
Rountree: And you can strike the fourth row as -- as design consideration.
Parsons: Absolutely.
De Weerd: That is monotonous. So, Bill, I guess you asked for different landscaping,
because I don't call that landscaping. Is that in compliance?
Parsons: Madam Mayor, if I understand you correctly, are you referring to the
townhome development on the south?
De Weerd: Yes.
Parsons: Madam Mayor, Members of the Council, there is no requirement for
landscaping on buildable lots. So, the intent -- when I first came forward and brought
the project to you my intent was that this development would be rolled under the
Jackson Square CC&Rs. It would be one HOA looking over all the residential portion.
What's transpired is when the bank received this property back in foreclosure in 2009
and they started developing the residential portion, they actually bisect -- bifurcated the
development. So, the commercial CC -- this project is under the commercial CC&Rs
and Jackson Square development, which is currently the single family homes, has its
own set of CC&Rs and so the bank still controls -- maintains -- controls the CC&Rs for
this portion of the development and so they weren't -- they weren't subject to the same
CC&Rs that the Jacksons Square folks are and so, therefore, you don't have a lot of
those landscaping requirements that you see in the CC&Rs that say it has to be lawn,
one tree, like you see in typical subdivisions. So, that's -- that's where it fell short. And,
again, with our ordinance not allowing -- reviewing plans for buildable lots, when they
came in for their CZC and design review we were making sure that their elevations
complied with the recorded development agreement and they did. So, they met their
approval.
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De Weerd: Thank you. I was hoping to help give you a little bit more enforcement
ability or -- or influence on the outcome, but I see that it's subjective at this point. Any
other questions from Council? Okay. Would the applicant like to make comment?
Unger: Sure.
De Weerd: I'll double Dutch dare you.
Unger: Madam Mayor and Council, my name is Bob Unger. I'm with ULC
Management. Address 6104 North Gary Lane, Boise, Idaho. 83714.
De Weerd: Thank you.
Unger: And right off the bat I want to say Bill and I and the neighbors in the area have
all worked diligently to put specific conditions of approval to prevent what has happened
in the previous phase of this project. We were very disappointed what happened, but
we had no control over it. The -- this is the 28 lots -- the townhouse lots to the east of
this project. One builder bought them all -- bought all 28 lots, which we hadn't
anticipated originally and he built the same looking building -- all 14 of them since they
are, you know, townhouse duplex. They are painted the same color. The roofs are the
same color. The roof lines are exactly the same. Everything is exactly the same and he
put down this nice gray gravel instead of grass, with some trees and shrubs. So, I'm the
first one to stand up and tell you that we were extremely disappointed in what they did
and the neighbors called me on it when we had our neighborhood meeting on this next
phase, so I made certain commitments to them that we would not allow this to happen
in this -- this final phase and as such, you know, we have provided the landscape plan --
and not only just the landscape plan for the site, the landscape plan for the individual
buildings and nowhere in this plan are we calling for any kind of gravel. It's all going to
be sod. Some bark around the planting areas around the buildings and trees and
shrubs to make it a very very good looking project and we have also -- we are in the
process of -- and waiting for final approval on the project, we are putting together
specific CC&Rs and an architectural review committee to assure that we have a
variation of architectural applications on the buildings, that would be a mix of wood,
brick, stone and different appearances. We are changing -- we have the option and the
ability to change the roof lines, so that we don't have the same roof line over and over
and over. So, we have done a lot of work on what we want to build in this project to
assure that we don't have a repeat of what we currently have out there. Some of the
other things are -- the concerns that the neighbors had was on the -- on these other
buildings they have a section of copper roof. The neighbors just hate that. So, there
will be no metal roof, copper roof, it will all be architectural asphalt shingles and they will
be a variety of colors, not all black. Let's see. So, I mean we were really -- we were
really disappointed in that and we don't want to see that with this final phase of the
project. It just looks like the dickens and I'm the first one to tell you that -- or I'm right up
there with everybody else. Oh. On the irrigation. The relocation of the -- of the gravity
irrigation that goes through there, that's through the Alden Water Users Association.
Meridian City Council
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We have already met with them. Documents have been prepared to relocate that with a
new easement and we will be signing those contracts with them by the end of the week
and construction will start on that next week, so we can get it done before irrigation
season opens. As far as -- let's see. Well, I think the development agreement, as Bill
stated, we just decided it was -- it was just -- to put apartments on this property was just
not going to work with what's out there right now and we felt that the -- the attached
single family living was a much better idea and it works well with the rest of the
residential that's out there. And let's see. Traffic calming devices. We will work with
the fire department to do some sort of traffic calming. I know everybody thinks that
speed bumps are the best thing and, by gosh, they are, because they slow people down
real quick, but emergency services hates those. So, we will work with the fire
department to come up with some sort of choking of the street section or something to
slow the traffic down, because there is one section there on Picard Lane where Jimmy
Johns delivery trucks just fly down through there. I have been out there many many
times and watched these guys just fly down through there and I know the neighbors
have called the police department and the police department -- of course, when they are
out there watching these guys don't do it, so -- but we are more than glad to work with
the fire department to come up with some sort of solution to that problem. And having
said all of that -- I'm trying to make it short, because you have had a long evening --
will stand for questions.
De Weerd: Thank you, Bob. Council, any questions?
Bird: I have none.
Rountree: None.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I do have a question. I don't know -- I don't know what that means. We will
work with them -- with the fire department. Are there -- are you deferring to the
judgment request to fire as to what the solution would be? It does -- it seems indefinite.
And maybe I'm missing it or if that's resolved at a later date.
Bird: Madam Mayor, Mr. Borton, prior to -- of coming back with our final plat we will
have something resolved with the fire department. I'm not sure what their preference is
at this point in time as far as traffic calming devices out there. We are kind of limited.
Borton: Okay.
Unger: But certainly before we come back with our final plat we will have something
resolved.
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Borton: Madam Mayor? One question that you might comment on, but I'm going to ask
Mr. Nary first. With regards to the elements -- design elements that are addressed here
and the problems that Mr. Unger is trying to resolve with this plat, can those be required
to be incorporated in detail in CC&Rs, so future purchasers know and we will know that
the real property is subject to particular restrictions in how they are developed that
would be brought back and approved by -- reviewed by the city as part of a final plat?
Nary: Madam Mayor, Members of the Council, Council Member Borton, we normally
wouldn't require anything regards to CC&Rs nor approve any of those things, but it
could be part of the development agreement. One of the design issues that Bill has
talked about that I think is problematic -- t mean I think the best we can do is put it in a
development agreement. The only concern, though, is that prior -- when the bank had
control over a portion of this, they built the exact same design. It's in the development
agreement. It doesn't require they build any specific ones, so if they build the same one
over and over again the development agreement doesn't prohibit it. If they paint them
all the same color --
Borton: Right.
Nary: -- it doesn't prohibit that either, so -- I mean those are the challenges that the
neighbors are concerned with that the development won't really solve that. The CC&Rs
can, but the city doesn't have a role in that. So, I don't have a -- I don't have a better
answer to your question, other than if they are concerned about specific styles you can
certainly eliminate those as alternatives. Again, we don't normally regulate color --
mean eventually people can all paint their houses the same color on the street, so that's
probably one that probably isn't something we can remedy from the city's end. But
certainly if the concern is the designs are going to all be the same, we can certainly craft
some language that would require that they not be side by side or something like that in
the development agreement.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bill, we can incorporate this in our findings stating as the applicant has agreed to
this and that, basically, puts all the -- on the applicant to make sure that it is done as he
stated here; is that not right? Like you say, you know, including all testimony by
applicant, staff, and that and he sat up here and testified that they were going to do -- I
mean we don't know what kind of landscaping, but it's not going to be like the old
landscape. Absolutely no gravel. He stated that. So, I guess we just have to go off
their word and hope their word is good and -- it always seems has been.
Nary: Madam Mayor, Members of the Council, Council Member Bird, I would agree. I
mean most of that is probably going -- at some point some if it has to rely on the -- the
good faith and fair dealing of all of the folks in front of you. If there are specific
concerns, from an enforcement standpoint, if we were to need to enforce the
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development agreement, either at the staff level or through some other means, at least
of the things -- like Mr. Unger stated, there will not be any gravel or rock used as -- as
landscaping. We can include that. So, those types of things that if you have some
things that are very concerning and Mr. Unger is trying to make sure to address those
things, we would probably want to make sure we include that language in the findings.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: And, Bill, isn't that what -- when we -- when we make our motion and say include
all staff and applicant, don't that go in the findings what they have said there, like you
were just saying?
Nary: Madam Mayor, Members of the Council, Council Member Bird, they do, but
sometimes it's very helpful if there are specific terms the Council has, you wanted to
make sure -- want to make sure to point that out to staff, so we make sure that's in the
findings.
Bird: Okay.
Nary: Very specifically.
Bird: Thank you.
De Weerd: Any other questions? Thank you.
Unger: Thank you.
De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony
on this item? Good evening. If you will, please, state your name and address for the
record.
Hysmith: Yes, Madam Mayor. My name is Julie Hysmith. 2903 North Centre Point
Way Meridian.
De Weerd: Thank you, Julie.
Hysmith: Mayor and Council people, the only thing we are concerned about is that what
has happened before will happen again. He sold the 28 lots to one person and because
it was sold at that time they could do what they wanted, which, of course, was to put in
what they did. That's what we do not want to see again. You know, right now it looks
like military barracks and if you drive down Eagle and look in there it looks like a
skateboard ramp. A giant one at that. And that's what we have to live with. And at this
point there is nothing we can do but try to maintain the balance of the property that's
there. So, that's our major concern.
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March 18, 2014
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De Weerd: Thank you.
Hysmith: Thank you.
De Weerd: Any further testimony? Good evening.
L.Hysmith: My name is Larry Hysmith and I live at 2903 North Centre Point Way.
De Weerd: Thank you.
Hysmith: And my wife has just expressed our concern about getting the same
conditions and I am hearing that you're really going to have no control here from the
City Council and that disturbs us. We moved from Seattle and we bought in this
neighborhood because we thought this was a good place to live. We have heard a lot
of good things about Idaho and I'm glad we moved here. However, under these
conditions, if we still end up with the same condition, there are many people already
were talking they would possibly move out of the neighborhood. The other concern we
have is, indeed, the traffic. Right now it all flows where it goes out on Centre Point Way
and that's going to make it even more congested and it's a major concern because of
the children. We have grandchildren visit us and we are very concerned about that. I
understand fire department and that have concerns, but we need something that really
will control the traffic and we just hope that at least the City Council can bring some
pressure in this regard. We would appreciate it very much. Thank you.
De Weerd: Thank you, Larry. Any questions? Okay. Good evening. Thank you for
joining us. If you will, please, state your name and address for the record.
McBrayer: Patrick McBrayer. 2976 Centre Point, Meridian. 83646.
De Weerd: Thank you, Pat.
McBrayer: One concern -- I agree with Larry and Julie and so on, but the other concern
was that they sold all of these homes to this one gentleman. He's got 28 rentals. That
makes our homes 50 percent rentals. Would you buy in a neighborhood that's 50
percent rentals? So, if it's possible -- and I have no idea -- whoever sells this property
cannot sell the whole package or one whole street or something like that, because,
then, that percentage just goes up and right now it looks like an Army barracks over
there. I mean it's a joke. It really is bad. That's all I got to say.
De Weerd: Thank you, Pat. Is there any further testimony on this? Yes, ma'am.
Thank you for joining us. If you will, please, state your name and address.
Gammon. Elizabeth Gammon. 3305 North Centre Point Way.
De Weerd: Thank you.
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March 18, 2014
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Gammon: I co-own this with my daughter. This is her first house and I'm almost
beginning to be sorry that I helped her find this house, because of what's been going on.
I think -- I missed most of the meeting, but I think the biggest concern is, of course, the
value of the houses going down and, then, the second concern is the traffic, which is
pretty bad already and if there -- I don't know. The traffic is just horrendous. There is
going to be some accidents there in the near future. Why it hasn't happened yet I don't
know, but we just want to keep the neighborhood and keep the values up and especially
with the young people like my daughter, because they don't have it as easy as we did.
It's a lot more difficult now with the economy and all that and I just hate to see her put all
her money into this home and see the problems that are going on with what they are
building. That's it. Thank you.
De Weerd: Thank you, Elizabeth.
Cavener: Madam Mayor, can I ask a question?
De Weerd: Elizabeth, if you will field a question.
Cavener: Could you just clarify what you meant by your concern about traffic. Do you
have too many vehicles, too many speeding vehicles --
Gammon: It's a lot of different things. You know, number one, people coming out of the
Kohl's center, come in there and pull around and I stood there for ten minutes and seen
who knows how many cars. I mean I even gave up counting them. And when I go and
visit her I have to really be careful just trying to pull out, trying to back out, because of
the people that come around. Jimmy John's, of course, they go through there all the
time. It's not the biggest problem, but I would say it's a big portion of it. There is
speeding there and the stop sign is almost totally ignored and with all these apartments
coming in with so many more cars and the only exit is out onto Eagle and you have to
go right, the major entrance is on Centre Point and as I said -- and people -- some
people just come through and drive through and so that's to all the apartments and
rentals and they all have more than one car for some weird reason and it's just -- it's just
really bad right there and not only that, not just the traffic, but, you know, I have thought
about this, too, the amount of traffic that comes through there is really going to do
damage to the road. It's really too much traffic for such private area.
De Weerd: Okay. You don't have to state your name, Brian.
McClure: Okay.
De Weerd: You're just making staff comments.
McClure: This is, actually, a personal topic.
De Weerd: Okay.
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Bird: Okay. Then state your name.
De Weerd: If you will, please, state your name and address for the record.
McClure: Brian McClure. 2819 North LeBlanc. I just wanted to add some perspective
here. The private roads, which are of concern currently actually connect to ACHD
roads, which connect to Eagle and Ustick roadways. Since the medians went in on
Eagle all the traffic that would normally want to go north on Eagle instead circulates
through this neighborhood and that's why there is much traffic there, because the
medians on Eagle forced everyone to go north to use private roads to get on the public
roads. If that helps. Kind of odd.
De Weerd: Yeah. We need to patrol in that area and see what's really happening. Is
there anyone else who would like to provide testimony on this? Okay. Mr. Unger,
would you like to respond?
Unger: Bob Unger again. The applicant. Madam Mayor and Council, I had a couple of
suggestions that we might be able to add into the -- either the conditions of approval or
in the DA where we could -- you know, the city could require us to provide, you know, as
part of our design review that -- that we be required to provide avaried -- varied
architectural applications on the exteriors and varied roof lines. So, that's not specifying
color or anything like that, but it's specifying, hey, you can't come in with the same roof
over and over and over and you can't just throw up vinyl siding over and over and over.
You have got to come up with some variety of applications. And certainly, you know, if
we can put something like that in the -- say the development agreement or the design
review I think that would go a long way in resolving some of these issues. In the
CC&Rs that we are preparing and our anticipation is to use the same verbiage that
comes out of the city, so that our CC&Rs for perspective buyers will see exactly the
same things that the city is requiring of them. That way there is no confusion. No
conflicts. As far as one purchaser coming in and buying all 40 units, I don't anticipate
that. They better have a lot of money. But we can't control that. I mean by law we can't
control who buys the buildings. We can't -- you know. And we can't -- we can't restrict
them from renting it, you know. What we anticipate with these is that these are higher
end buildings. I mean we are talking about marble counter tops. Tile floors. Hardwood
floors. These units -- and the unique thing about these units is they are a basic two
story rectangle that we can change everything outside and the roofs and everything, but
the inside, but the inside, basically, stays the same. There are three bedrooms, three
and a half baths. The bedrooms -- each bedroom is as large as most master bedrooms
and each one has its own private bathroom. So, these are higher end buildings and we
don't anticipate somebody coming in and buying all of them and renting them out. They
are actually going to be in the range of two to two hundred thirty thousand dollars per
unit. So, we don't anticipate that, but we can't restrict it. As far as traffic, I mean with
the accesses we have Idon't -- you know, we don't exceed many traffic requirements.
In fact, by going through this process and the DA amendment going from multi-family
down to the attached, we could have had 68 units in there, but we are dropping it to 40
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units. So, I think we are actually -- you know, we are aware of things out there, too, and
it works better than the apartments would work. And like Bill had presented in his
presentation there is a stub street headed to the north towards Ustick through the
property to the north that some day we hope will develop and that will also help relieve
some of the traffic issues. I think -- I think I have tried to cover everything that's been
brought up. I think -- I think staff has done a great job. I think they have some good
conditions of approval and -- to assure that this project is going to be developed as
presented and also that we will address the concerns. So, I will stand for any other
questions.
De Weerd: Any questions from Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: This issue of through traffic on private streets is a real concern for me and it
should be for you. You're subjecting the folks that own that road to a whole bunch of
liability that they may not understand they are accepting in several areas. One they
own, they maintain, and to some degree they operate that facility and yet you have what
appear to be daily trespass on private property. Now, we have a couple of lawyers here
that probably could explore this a little bit more than me and I'm just an old -- common
old guy that thinks about a lot of weird things and to me it's a real problem. It's a real
problem for the folks that live there and it's a real problem with the folks that are going to
live there, that if there is not a public owned facility to move traffic out of this area, I don't
think we should be doing anything out there on private roads and private roads are the
key for your development in order to get the densities and all the kind of things that
you're wanting to do. So, I'm really stuck with this -- what's happening out there. There
needs to be a way developed with this preliminary plat and the adjoining property
owners to get the public traffic out of the private areas and until that happens I don't see
it's to anyone's advantage to move forward with anything in this particular area. Though
I don't disagree with what you're trying to do, Bob. I think you have come with a good
solution and you have really listened, but this -- this whole private roadway thing is -- it's
-- if you get an accident out there, someone says, well, you know, somebody did
something here and there and all of a sudden you're going to have lawyers going after
the property owners. We don't have, really, a great degree of enforcement capability for
traffic control and that sort of thing anymore than we do in the parking lot of a grocery
store.
Bird: That's right.
Rountree: If we are out on a public right of way, then, we can do those kinds of things.
So, just to me it just opens up a whole other can of worms that nobody's really
addressed at this point in time. I just throw that out there. I don't have a solution. I
really don't.
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Unger: Madam Mayor, Mr. Rountree, we actually went to ACRD about taking over
ownership of these streets. They do not meet their standards as far as width -- as far as
construction and everything they do, but I was told by ACHD that in order for them to
take these over they would, essentially, have to be reconstructed before they would
assume ownership of these streets. Hindsight is 20/20. Back in 2005 when we brought
this project to you folks we proposed public streets and, then, the -- the eastern potion
with the private streets and had we all realized maybe it would have been better that we
would have gone public with all of them and I agree with you there are some traffic -- let
me back up. There really aren't traffic issues out there. I think people perceive there as
being traffic issues, yes. There are public -- the public does cut through there. They will
come into the tire store, they will come through Jimmy John's and some of the other
facilities there and they will go through the private streets to the public streets to get
back out to Ustick so that they can go north on Eagle Road. That does happen and,
you know, I -- I can't -- I can't change that. All we can do is maybe do work with the
traffic calming devices, but we are certainly doing everything we can to reduce the traffic
out there and, like I said, we are going from what we could have had with 68 units,
which was our original concept plan that was approved in '06 down to 40 units. These
new owners are also under the overall HOA and they will be required to contribute to
the maintenance of the streets, you know, so it will add -- this will add additional funds
for the maintenance of those streets. Beyond that I don't have any -- or I don't have any
other solution to that situation. I wish I did. We are moving forward with -- with what
was approved back in '05, '06.
Bird: Bill, where do the streets go from public to private? Can you pull up that map?
Parsons: Madam Mayor, Members of the Council, if you look at the aerial, the area that
I have highlighted -- hatched out, that's private streets. This western portion of the
development -- all of this is public street at this point. Everything in from Ustick -- the
first two-thirds of that development is all private. So, the only public street is the loop
here along the existing single family homes. This isn't even a public street at this point.
It's just an access easement across the property until it subdivides in the future. ACRD
has an easement across that property to facilitate the development of this site back in
'05. That's how they made it work.
Rountree: Madam Mayor? Bill, is there across-access agreement, then, between the
residential and the commercial?
Parsons: Madam Mayor, Members of the Council, currently I believe the way the plat's
structured it references the local streets. There is a note on the plat that says it's for the
benefit of ingress and egress for -- for all of these properties and there is also a
separate instrument number that references cross-access to the property to the north
for future connectivity.
Rountree: Was that based on the assumption that those would be public streets?
Parsons: No, sir. They were based on it being private.
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Page 48 of 56
Rountree: Now is that agreement both ways on the subject property and the
commercial property in the front?
Parsons: Between the development or for the property from the north? Yes, it shows
this lot and block. There is multiple subdivisions out there, but all of them have the
same notes that references this road and that cross-access and those easements.
They don't -- the plat -- one plat doesn't supersede the other plat, it's just kind of in
succession. So, yes, everyone out there has a right. I make sure that note's on that
plat every time it comes through and this one is no different.
Rountree: Well, my thoughts of closing those access points probably isn't a good idea
then. We'd need the lawyers involved. It seems to me, though, we, they, everybody
has encouraged that --
Parsons: Originally Mr. Unger's proposal was to remove the roundabout as you came
out of the commercial portion, but in working with him through this project we
encouraged him that it be better -- in his best interest to leave the traffic calming in -- the
landscape -- the center median in there in order to slow down traffic through there.
De Weerd: Yeah. I think if the -- the crux of this is the cut-through traffic and freaking
fast Jimmy John's drivers, you probably do need to look at as part of this development
proposal the traffic calming methods to be included in the plat itself and maybe continue
this and ask to work with staff in looking what -- what those would be that is acceptable
in both slowing -- calming the traffic, but also -- and making that less convenient for the
cut through and -- but not inhibiting an emergency response to those areas as well.
Rountree: Madam Mayor, I was inclined to do the traffic calming in the development
agreement, but I like your approach that we have the applicant put together solutions on
the preliminary plat and bring those forward for our consideration and, then, include
whatever resolution there is in the development agreement. So, I would suggest that
we keep this hearing open and continue it to a date certain to have the applicant have
an opportunity to get with some traffic engineering folks to see what kind of solutions we
can come up with is my suggestion.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I think it's a good suggestion. I think it makes sense to spend the time to try
and articulate that solution. At the same time while -- one thing Mr. Unger has done is --
is identify quite clearly some specific components he's willing to incorporate into a DA
that reference the landscape plan, reference the mixed materials and adjacent parcels
and roof lines, the removal of I think line four on the row of the proposed elevations.
You made a comment that you really wanted to capture in the DA the concept of -- you
can't just do X. Right? Lawyers muck that up and make it all -- that's really a crystal
Meridian City Council
March 18, 2014
Page 49 of 56
clear way to put it, so if this is getting continued, if we could have staff bring back clear
articulation of what we mean by that, because I appreciate you sharing that and I think
the neighborhood probably wants have this portion of the project have that clarity and
might develop and it might be some other future, so we want to benefit everybody to
know when we say you can't just do X we are going to clearly specify what that means
with regards to the elevations and the landscape and traffic calming. So, we might have
enough comment on the record now to bring that back at the same time.
De Weerd: Bob, do -- do you know what Council is asking?
Unger: Pardon?
De Weerd: Do you understand what we hope to get back?
Unger: Madam Mayor, yes, I do. You know, I think it's --Ithink it's something that -- as
far as the additions to the DA I think it's something that Bill and I can probably put
together in a matter of a day or so. I don't think it's, you know, that difficult, you know,
for us to come up with some verbiage that would cover that and with the availability of
the fire department, some, you know, representative, Ithink we can resolve that fairly
quick also. I don't think there is anything, you know, that -- you know, that -- I guess
where I'm going with this if you're going to continue us, please, continue us to the -- to
the --
De Weerd: We will continue it to next week.
Rountree: Like to do it next week if that's possible.
Unger: Thank you. Ithink that's where I was trying to go with it and I appreciate that
and I think I can work with the fire department and -- Bill and I talk every day when --
De Weerd: I'm sure you will get a call and -- to set up a meeting tomorrow.
Unger: Excellent.
Rountree: So, when is our next meeting?
De Weerd: The 25th. March 25th.
Rountree: Okay. Madam Mayor?
Unger: Fine. That will be fine. I will be here for the 25th on another project anyhow, so
that will be great.
De Weerd: Okay.
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Rountree: Madam Mayor? I move that we continue Items 8-G and H until our next
regularly scheduled meeting March 25th.
Bird: Second.
De Weerd: I have a motion and a second to continue Items Gand H -- H -- G and H to
March 25th. All those in favor say aye. All ayes. Thank you. And thank you for being
here this evening.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 9: ®epartment Reports
A. Mayor's Office: Resolution No. 14-981: Appointment of
Michelle Glaze to Seat 1 of the Meridian Arts Commission
De Weerd: Under Department Reports, Council, 9-A. In front of you is a Resolution
14-981 recommending Michelle Glaze to Seat 1 of the Meridian Arts Commission. I will
tell you that the commission chair Mary Jensen and I interviewed some very diverse
candidates and the name that's in front of you this evening has -- has a lot of interest in
the arts. She will be a good compliment to the member that she replaces in that she
isn't representative in any one particular art medium, she embraces a number of those
and she is also someone that represents acorporation -- a partner that has been very
generous in supporting the Meridian arts in the past as well. We felt that she would
compliment the commission as the current makeup and hope to get your -- your
approval this evening and I would stand open to any questions.
Rountree: I have none.
De Weerd: Okay.
Rountree: Madam Mayor? I would move we approve Resolution 14-981 appointing
Michelle Glaze to Seat 1 of the Meridian Arts Commission.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 9-A. Any discussion or
questions from Council? Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
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B. Police Department: Budget Amendment for the Replacement
of Patrol Car for the Not-to-Exceed Amount of $8,853.00
De Weerd: Item 9-B is under our Police Department. I think this item is pretty self-
explanatory, but as -- in the context of -- of our budget amendments we do ask our
departments to make comment.
Leslie: Thank you, Madam Mayor, City Council. Unfortunately, in December we had
one of our patrol vehicles involved in a motor vehicle accident and fortunately nobody
was seriously injured. Unfortunately, the vehicle was a complete loss.
De Weerd: It was injured.
Leslie: What's that?
De Weerd: It was injured.
Leslie: It was injured. Yeah. It was T-boned and had enough structural damage that
we had to replace it. So, we are asking for -- in addition to the money we are getting
back from ICRMP in regards to the loss of the vehicle, we need an additional 8,800
dollars to replace that vehicle. Fortunately we found a vehicle from Edmark that was on
the ground that we could buy that was last year's model or year before's model, so we
didn't have to order one, so we can get our car back up and running quicker and save
some money on that vehicle. So, it did save a little bit of money in the process, but we
do have to replace that vehicle.
De Weerd: Council, any questions?
Bird: I have none.
Rountree: I have none.
De Weerd: Come on, grill him, Joe. Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no questions, I move we approve the budget amendment for the
replacement of a patrol car not to exceed 8,853 dollars.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-B. Any discussion from
Council? Madam Clerk.
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March 18, 2014
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Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 10: Ordinances
A. Ordinance No. 14-1600: An Ordinance (AZ 13-010 McLinder
Subdivision/Sawtooth Village) for Annexation of a Parcel of
Ground Located in the Northwest 1/4 of Section 36, Township
3 North, Range 1 East; Establishing and Determining the Land
Use Zoning Classification of Said Lands from RUT to R-15
(6.426 Acres) (Medium High Density Residential District) and
C-N (6.578 Acres) (Neighborhood Business District) and
Providing an Effective Date
De Weerd: Item 10-A is Ordinance 14-1600. Madam Clerk, will you, please, read this
by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1600, an
Ordinance AZ 13-010, McLinder Subdivision Sawtooth Village, for annexation of a
parcel of ground located in the northwest quarter of Section 35, Township 3 North,
Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and
annexing certain lands and territories situated in Ada County, Idaho, and adjacent and
contiguous to the corporate limits of the City of Meridian, as requested by the City of
Meridian, establishing and determining the land use zoning classification of said land
from RUT to R-15, 6.426 acres, Medium High Density Residential District, and C-N,
6.578 acres, Neighborhood Business District, in the Meridian City Code, providing that
copies of this ordinance shall be filed with the Ada County assessor, the Ada County
recorder, and Idaho State Tax Commission, as required by law, and providing for a
summary of the ordinance and providing for a waiver of the reading rules and providing
an effective date.
De Weerd: You have heard this ordinance read by title only. Is there anyone who
would like to hear it read in its entirety? Fortunately not. Council, do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance No. 14-1600 with suspension of rules.
Rountree: Second.
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March 18, 2014
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De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 11: Future Meeting Topics
De Weerd: Council, any topics to include for future agendas?
Bird: I have none.
Item 12: Executive Session per Idaho State Code 67-2345(1)(f) - (to consider
and advise its legal representatives in pending litigation) Note: An
action by City Council may follow the executive session.
De Weerd: Okay. I move to Item No. 12, Executive Session. Do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f).
Rountree: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Madam
Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Thank you.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
EXECUTIVE SESSION: (8:31 p.m. to 9:18 p.m.)
De Weerd: Could I have a motion to come out of Executive Session?
Rountree: So moved.
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March 18, 2014
Page 54 of 56
Bird: Second.
De Weerd: All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 13: Amended onto the Agenda: Master Agreement with Nampa Meridian
Irrigation District (NMID) for Permitted and Future Encroachments
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we add an item to the agenda relating to an agreement with the
Nampa-Meridian Irrigation District to spend (recording unintelligible).
Bird: Second.
De Weerd: I have a motion to approve the Master Agreement between the Nampa-
Meridian Irrigation District and the (recording unintelligible) City of Meridian.
Rountree: In the state of Meridian.
De Weerd: State of Meridian.
(Recording intelligible)
De Weerd: Sorry. I got ahead of you.
Rountree: My motion to --
De Weerd: It is to amend (recording unintelligible).
Rountree: To add that to the agenda.
Bird: Yeah.
Rountree: As an amendment.
Bird: But not to pass it.
Holman: We are adding it. Not approving it yet.
Bird: No.
Rountree: It's got to be on the agenda before we do that.
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March 18, 2014
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Bird: Yeah.
De Weerd: Okay. All those in favor --
(Recording unintelligible).
De Weerd: Oh, that was to come out of Executive Session. Okay. All those in favor
say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Thank you.
Zaremba: So, the agenda has been amended (recording unintelligible).
De Weerd: Yes.
Zaremba: Yes.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move we approve the Master Agreement with the Nampa-Meridian
Irrigation District (recording unintelligible).
Bird: Second.
De Weerd: I have a motion and a second to approve the Master Agreement as stated.
Any discussion from Council? Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: We are at the end of our agenda. Council, do I have a motion to adjourn?
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes.
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MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 9:20 P.M.
(AUD ~RECORDLN~G ON FILE OF THESE PROCEEDINGS)
~_
~~...,~ ~ /~_/ COI ~
MAYOR TAMMY DE WEERD DATE APPROVED