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HomeMy WebLinkAbout2014-05-06EIDIA CITY COUNCIL REGULAR Nt MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, May 06, 2014 at 6:00 PM 1. Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam O Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Bob Athay with the LDS Schurch 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (Pg 2-6) A. Approve Minutes of April 15, 2014 City Council PreCouncil Meeting B. Approve Minutes of April 15, 2014 City Council Meeting C. Approve Minutes of April 22, 2014 City Council Meeting D. Police Department: Dog Licensing Agreement Between the City of Meridian and The Pet Doctor E. Award of Agreement for "Architectural and Engineering Design Services - Storey Park Development" to Insight Architects for the Not -To -Exceed amount of $89,390.00. F. Approval of AIA C132 Standard Form Agreement for Construction Management Services for the Storey Park Development Project for the Not - To -Exceed amount of 5.25% of the construction cost, which is estimated to be $1,455,000.00. G. Approval of Task Order 10055 for "Wastewater Treatment Plant - UV Disinfection System Expansion Phase 1 Design" to CH2M Hill Engineers, Inc. for the Not -To -Exceed amount of $191,571.00 Meridian City Council Meeting Agenda — Tuesday, May 06, 2014 Page 1 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. CableONE Movie Night in Meridian 2014 Single -Night Sponsorship Agreement Between Idaho Central Credit Union and the City of Meridian for a Not -to -Exceed Amount of $350.00 I. FP 14-013 Da Vinci Park by CS2, LLC Located 4715 N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty -Five (35) Building Lots (34 Residential and 1 Commercial) and Five (5) Common Lots on 7.76 Acres of Land in the R-4, R-8 and C -N Zoning Districts J. FP 14-018 Messina Meadows No. 5 by Tuscany Development, Inc. Located North of E. Amity Road and West of S. Eagle Road Request: Final Plat Approval Consisting of Fifty -Two (52) Residential Lots and Six (6) Common Lots on 18.72 Acres of Land in the R-8 Zoning District K. Findings of Fact, Conclusions of Law for Approval: PP 13-043 Summerwood Subdivision by Kent Pintus Located at 4202 and 4052 W. Daphne Street Request: Preliminary Plat Approval Consisting of Thirty (30) Single Family Residential Building Lots and Four (4) Common/Other Lots on Ten (10) Acres of Land in an R-4 Zoning District L. Findings of Fact, Conclusions of Law for Approval: AZ 14-003 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Annexation of Approximately 1.49 Acres from RUT in Ada County to the R-15 (Medium High Density Residential) Zoning District M. Findings of Fact, Conclusions of Law for Approval: PP 14-001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Preliminary Plat Approval Consisting of 121 Single Family Residential Lots and 19 Common Lots on Approximately 21.71 Acres in an Existing and Proposed R-15 Zoning District N. Findings of Fact, Conclusions of Law for Approval: PUD 14-001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Planned Unit Development to Modify the R-15 Dimensional Standards of the Mew and Alley Loaded Lots to Allow for Exemplary Design O. Findings of Fact, Conclusions of Law for Approval: MDA 14-001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Development Agreement Modification to Change the Development Plan from Multi -Family to Single Family P. Findings of Fact, Conclusions of Law for Approval: AZ 14-002 Revolution Ridge by C13, LLC Located at 1100 W. Riodosa Drive Request: Annexation and Zoning of 20.39 Acres of Land with an R-4 Zoning District. Meridian City Council Meeting Agenda — Tuesday, May 06, 2014 Page 2 of 7 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. Q. Findings of Fact, Conclusions of Law for Approval: PP 13-040 Revolution Ridge Subdivision by C13, LLC Located at 1100 W. Riodosa Drive Request: Preliminary Plat Consisting of 64 Single -Family Residential Building Lots and 5 Common Lots on 19.74 Acres of Land in a Proposed R-4 Zoning District. R. Final Order for Approval: TEC 14-004 Ambercreek by Trilogy Idaho Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: One (1) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on Final Plat S. Findings of Fact, Conclusions of Law for Approval: MDA 14-005 Northpointe Commercial by Blackhawk/Meridian, LLC Located Northwest Corner of W. McMillan Road and N. Linder Road Request: Amend the Recorded Development Agreement (Instr. #103181095) to Remove the Requirement of Obtaining Detailed Conditional Use Permit for the Commercial Lots T. Findings of Fact, Conclusions of Law for Approval: RZ 14-002 Reardon Subdivision by CS2, LLC Located Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Rezone Approximately 2.20 Acres from the R- 4 (Medium -Low Density Residential) Zoning District to the R-8 (Medium - Density Residential) Zoning District U. Findings of Fact, Conclusions of Law for Approval: PP 14-003 Reardon Subdivision by CS2, LLC Located Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Preliminary Plat Approval of Ten (10) Single Family Residential Lots and Four (4) Common/Other Lots on Approximately 1.96 Acres in a Proposed R-8 Zoning District V. Findings of Fact, Conclusions of Law for Approval: AZ 14-004 Amberwave Subdivision by The Land Group, Inc. Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Annexation of Approximately 5.56 Acres from RUT in Ada County to the R-15 (Medium High Density Residential) Zoning District W. Findings of Fact, Conclusions of Law for Approval: PP 14-002 Amberwave Subdivision by The Land Group, Inc. Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Preliminary Plat Approval of Twenty -Seven (27) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.70 Acres in the Proposed R-15 Zoning District X. Final Order for Approval: FP 14-010 McLinder Subdivision by TS Development Located 4650 N. Linder Road and 1437 W. McMillan Road Request: Final Plat Approval Consisting of Twenty -One (21) Building Lots Meridian City Council Meeting Agenda — Tuesday, May 06, 2014 Page 3 of 7 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. and Two (2) Common/Other Lots on 11.8 Acres of Land in an R-15 Zoning District Y. Final Order for Approval: FP 14-014 Paramount Subdivision No. 26 by SCS Brighton, LLC Located Northeast Corner of N. Linder Road and W. McMillan Road Intersection Request: Thirty -Two (32) Building Lots and Two (2) Common/Other Lots on 8.39 Acres of Land in the R-8 Zoning District Z. Final Order for Approval: FP 14-012 Ambercreek No. 2 by Trilogy Idaho Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Final Plat Approval Consisting of Fifty -Four (54) Single Family Residential Building Lots and Two (2) Common Lots on 10.58 Acres of Land in an R-8 Zoning District AA. Final Order for Approval: FP 14-017 Gramercy Heights Subdivision No. 1 by The Westpark Company, Inc. Located South of E. Overland Road and West of S. Eagle Road on E. Griffon Street Request: Final Plat Approval Consisting of Six (6) Building Lots on 1.01 Acres of Land in the R-15 Zoning District BB. Final Order for Approval: FP 14-016 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Final Plat Approval Consisting of Twenty -One (21) Building Lots and Four (4) Common/Other Lots on 14.69 Acres of Land in the L -O and R-8 Zoning Districts CC. Development Agreement for Approval: AZ 13-012 Sagewood Subdivision by Sagewood Overland„ LLC Located on the South Side of W. Overland Road Approximately 650 Feet West of S. Stoddard Road. Request: Annexation of Approximately 16.34 Acres from R1 and RUT in Ada County to the L -O (Limited Office)(5.02 acres) and R-8 (Medium -Density Residential)(11.32 acres) Zoning Districts. DD. Development Agreement for Approval: AZ 13-016 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Annexation and Zoning of 126.27 Acres of Land with an R-4 Zoning District EE. Development Agreement for Approval: MDA 14-002 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Amendment to the Development Agreement to Allow a Mix of Single Family Attached and Detached Lots Instead of all Attached Lots and Update the Conceptual Development Plan FF. Development Agreement for Approval: MDA 14-003 Kennedy Commercial Center by Derk Pardoe Located North Side of W. Overland Road and West Meridian City Council Meeting Agenda — Tuesday, May 06, 2014 Page 4 of 7 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. of S. Stoddard Road Request: Amend the Recorded Development Agreement (DA) (Instrument #108119853) for the Purpose of Excluding the Property from the Recorded DA and Incorporating a New Concept Plan and Building Elevations Consisting of Office, Retail and Multi -Family Residential into a New DA GG. Development Agreement for Approval: 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 HH. Resolution No. 14-986: VAC 14-002 Reardon Subdivision by CS2, LLC Located Southwest Corner of W. Cherry Lane and N. Summertree Request: Vacate the Private Drain Field Easement on Lot 2, Block 1 and Note #6 Platted with the Hearthstone Subdivision II. Resolution No. 14-987: VAC 14-003 Jayker No. 1 (Lots 15 & 16, Block 11) by The Club at Spurwing LLC Located North of Chinden Boulevard and East of N. Jayker Way Request: Vacate a Portion of the 10 -Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the Shared Lot Lines of Lots 15 and 15 AND Lots 16 and 17, Block 11 Platted with Jayker Subdivision No. 1 JJ. Resolution No. 14-988: A Resolution of the Mayor and Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records of the City Clerk's Office KK. Resolution No. 14-989: Resolution Extending The Cooperative Construction And Reimbursement Agreement With JLJ Enterprises And The City Of Meridian Entered Into On Or About March 10-12, 2009 6. Items Moved From Consent Agenda None (Pg 6) 7. Action Items A. Continued from April 15, 2014: FP 14-015 Whitebark Subdivision No. 1 by T&M Holdings Located 2135 E. Amity Road Request: Final Plat Consisting of Twenty -Nine (29) Building Lots and Five (5) Common Lots on 10.54 Acres of Land in an R-4 Zoning Districts Withdrawn (Pg 6-7) B. FP 14-019 Chesterfield No. 3 by Northside Management Located South of W. Pine Avenue Between N. Black Cat Road and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty -Eight (48) Residential Lots on 7.42 Acres of Land in the R-8 Zoning District Approved (Pg 7-8) Meridian City Council Meeting Agenda — Tuesday, May 06, 2014 Page 5 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C. Public Hearing: TEC 14-005 Browning Plaza Subdivision by SLN Planning/Boise Waltman, LLC Located South Side of W. Waltman Lane and North Side of 1-84, West of S. Meridian Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Approved (Pg 8-9) D. Public Hearing: AZ 14-001 Ten Mile Center by Treasure Valley Investments, LLC Located South of W. Franklin Road on the East Side of S. Ten Mile Road Request: Annexation and Zoning of 120.69 Acres of Land with the R-8 (13.23 Acres), TN -C (26.11 Acres) and C -G (81.35 Acres) Zoning Districts Continued to June 3, 2014 (Pg 9-43) E. Public Hearing: PP 14-004 Biltmore Subdivision by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Preliminary Plat Approval Consisting of 159 Single Family Residential Building Lots and Twelve (12) Common/Other Lots on 56.19 Acres of Land in an R-4 Zoning District Approved (Pg 43-59) 8. Department Reports A. Public Works Department: Budget Amendment for FY2014 in the Amount of $175,000.00 for Waterline Extensions Approved (Pg 59-62) B. Approval of Award of Bid and Agreement to Paul Construction for the "Waltman Street Waterline Extension - Construction" project for a Not -To - Exceed amount of $74,770.00 Approved (Pg 62) 9. Ordinances A. Ordinance No. 14-1603: An Ordinance (AZ 13-012 — Sagewood Subdivision) For Annexation Of A Parcel Of Land Located In The NW 1/40f Section 24, Township 3 North, Range 1 West, Boise, Meridian, Ada County, Idaho, Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT And R-1 To L -O (Limited Office District) And R-8 (Medium Density Residential District) In The Meridian City Code; And Providing An Effective Date Approved (Pg 62-63) B. Ordinance No. 14-1604: An Ordinance (AZ 13-016 — Southern Highlands) For Annexation Of A Parcel Situated In A Portion Of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, More Particularly Described As Lots 16 And 24, Block 1, A Portion Of Lot 1, Block 4, A Portion Of Lot 1, Block 5, And A Portion Of Lot 1, Block 6 Of Blackrock Subdivision No. 1, And A Portion Of S. Eagle Road And E. Taconic Drive Right -Of -Ways, Determining The Land Use Zoning Classification Of Said Lands From RUT To R-4 (Medium Low Density Residential District) In The Meridian City Council Meeting Agenda — Tuesday, May 06, 2014 Page 6 of 7 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 Code; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date Approved (Pg 63-65) 10. Future Meeting Topics None (Pg 65) 11. Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 9:26 p.m. Out of Executive Session at 10:38 p.m. Adjourned at 10:38 p.m. (Pg 65-66) Meridian City Council Meeting Agenda — Tuesday, May 06, 2014 Page 7 of 7 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 May 6, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, May 6, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, David Zaremba Joe Borton, Genesis Milam and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Kyle Radek, Sonya Watters, Jamie Leslie, Perry Palmer, Steve Siddoway, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd De Weerd: Good evening. I will go ahead and start tonight's meeting by first welcoming you all to the Meridian City Council meeting and let you know we appreciate having you here. For the record it is Tuesday, May 6th. It's 6:00 p.m. I will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the pledge to our flag. If you will all rise and join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Bob Athay with the LDS Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Bob Athay with the LDS church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Athay: Our Father in Heaven, as we come before thee this evening in this City Council meeting, we thank thee for the liberty which we enjoy, for the ability that we have to meet together to discuss the affairs of our local government and for our society and community. We thank thee for the men and women who serve in the military and also the first responders. We pray for their protection that they will be protected as they serve us. We thank thee again for the liberties which we enjoy and we pray that we will be able to work together to preserve these liberties and freedoms for our generation and also for future generations. We pray now, Father, that we can open this meeting with thy blessing and we do so in the name of Jesus Christ, amen. Meridian City Council May 6, 2014 Page 2 of 66 De Weerd: I would like to offer you a City of Meridian pin for leading us today. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have some additions to the agenda that I'd like to note. Item 5 -HH, the proposed resolution number is 14-986. 5 -II the resolution number is 14-987. And JJ the proposed resolution number is 14-988 and 5 -KK the proposed resolution number is 14-989. 7-A the applicant has requested that item be withdrawn from the agenda. On Items 9-A the proposed ordinance number is 14-1603. And 9-13 the proposed ordinance number is 14-1604. And Item 11 has been requested to be amended to the agenda for an Executive Session per Idaho State Code 67-2345, paragraph (1)(c) and (1)(f). And with those modifications and additions, Madam Mayor, I move that we approve the agenda. Milam: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. I think that was all ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of April 15, 2014 City Council PreCouncil Meeting B. Approve Minutes of April 15, 2014 City Council Meeting C. Approve Minutes of April 22, 2014 City Council Meeting D. Police Department: Dog Licensing Agreement Between the City of Meridian and The Pet Doctor E. Award of Agreement for "Architectural and Engineering Design Services - Storey Park Development" to Insight Architects for the Not -To -Exceed amount of $89,390.00. F. Approval of AIA C132 Standard Form Agreement for Construction Management Services for the Storey Park Meridian City Council May 6, 2014 Page 3 of 66 Development Project for the Not -To -Exceed amount of 5.25% of the construction cost, which is estimated to be $1,455,000.00. G. Approval of Task Order 10055 for "Wastewater Treatment Plant - UV Disinfection System Expansion Phase 1 Design" to CH2M Hill Engineers, Inc. for the Not -To -Exceed amount of $191,571.00 H. CableONE Movie Night in Meridian 2014 Single -Night Sponsorship Agreement Between Idaho Central Credit Union and the City of Meridian for a Not -to -Exceed Amount of $350.00 I. FP 14-013 Da Vinci Park by CS2, LLC Located 4715 N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty - Five (35) Building Lots (34 Residential and 1 Commercial) and Five (5) Common Lots on 7.76 Acres of Land in the R-4, R-8 and C -N Zoning Districts J. FP 14-018 Messina Meadows No. 5 by Tuscany Development, Inc. Located North of E. Amity Road and West of S. Eagle Road Request: Final Plat Approval Consisting of Fifty -Two (52) Residential Lots and Six (6) Common Lots on 18.72 Acres of Land in the R-8 Zoning District K. Findings of Fact, Conclusions of Law for Approval: PP 13-043 Summerwood Subdivision by Kent Pintus Located at 4202 and 4052 W. Daphne Street Request: Preliminary Plat Approval Consisting of Thirty (30) Single Family Residential Building Lots and Four (4) Common/Other Lots on Ten (10) Acres of Land in an R-4 Zoning District L. Findings of Fact, Conclusions of Law for Approval: AZ 14-003 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Annexation of Approximately 1.49 Acres from RUT in Ada County to the R-15 (Medium High Density Residential) Zoning District M. Findings of Fact, Conclusions of Law for Approval: PP 14-001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Preliminary Plat Approval Consisting of 121 Single Family Residential Lots and 19 Common Lots on Approximately 21.71 Acres in an Existing and Proposed R-15 Zoning District Meridian City Council May 6, 2014 Page 4 of 66 N. Findings of Fact, Conclusions of Law for Approval: PUD 14- 001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Planned Unit Development to Modify the R-15 Dimensional Standards of the Mew and Alley Loaded Lots to Allow for Exemplary Design O. Findings of Fact, Conclusions of Law for Approval: MDA 14- 001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Development Agreement Modification to Change the Development Plan from Multi -Family to Single Family P. Findings of Fact, Conclusions of Law for Approval: AZ 14-002 Revolution Ridge by C13, LLC Located at 1100 W. Riodosa Drive Request: Annexation and Zoning of 20.39 Acres of Land with an R-4 Zoning District. and Two (2) Common/Other Lots on 11.8 Acres of Land in an R-15 Zoning District Y. Final Order for Approval: FP 14-014 Paramount Subdivision No. 26 by SCS Brighton, LLC Located Northeast Corner of N. Linder Road and W. McMillan Road Intersection Request: Thirty -Two (32) Building Lots and Two (2) Common/Other Lots on 8.39 Acres of Land in the R-8 Zoning District Z. Final Order for Approval: FP 14-012 Ambercreek No. 2 by Trilogy Idaho Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Final Plat Approval Consisting of Fifty -Four (54) Single Family Residential Building Lots and Two (2) Common Lots on 10.58 Acres of Land in an R-8 Zoning District AA. Final Order for Approval: FP 14-017 Gramercy Heights Subdivision No. 1 by The Westpark Company, Inc. Located South of E. Overland Road and West of S. Eagle Road on E. Griffon Street Request: Final Plat Approval Consisting of Six (6) Building Lots on 1.01 Acres of Land in the R-15 Zoning District BB. Final Order for Approval: FP 14-016 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Final Plat Approval Consisting of Twenty -One (21) Building Lots and Four (4) Common/Other Lots on 14.69 Acres of Land in the L -O and R-8 Zoning Districts Meridian City Council May 6, 2014 Page 5 of 66 CC. Development Agreement for Approval: AZ 13-012 Sagewood Subdivision by Sagewood Overland„ LLC Located on the South Side of W. Overland Road Approximately 650 Feet West of S. Stoddard Road. Request: Annexation of Approximately 16.34 Acres from R1 and RUT in Ada County to the L -O (Limited Office)(5.02 acres) and R-8 (Medium -Density Residential)(11.32 acres) Zoning Districts. DD. Development Agreement for Approval: AZ 13-016 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Annexation and Zoning of 126.27 Acres of Land with an R-4 Zoning District EE. Development Agreement for Approval: MDA 14-002 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Amendment to the Development Agreement to Allow a Mix of Single Family Attached and Detached Lots Instead of all Attached Lots and Update the Conceptual Development Plan FF. Development Agreement for Approval: MDA 14-003 Kennedy Commercial Center by Derk Pardoe Located North Side of W. Overland Road and West of S. Stoddard Road Request: Amend the Recorded Development Agreement (DA) (Instrument #108119853) for the Purpose of Excluding the Property from the Recorded DA and Incorporating a New Concept Plan and Building Elevations Consisting of Office, Retail and Multi - Family Residential into a New DA GG. Development Agreement for Approval: 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 HH. Resolution No. 14-986: VAC 14-002 Reardon Subdivision by CS2, LLC Located Southwest Corner of W. Cherry Lane and N. Summertree Request: Vacate the Private Drain Field Easement on Lot 2, Block 1 and Note #6 Platted with the Hearthstone Subdivision II. Resolution No. 14-987: VAC 14-003 Jayker No. 1 (Lots 15 & 16, Block 11) by The Club at Spurwing LLC Located North of Chinden Boulevard and East of N. Jayker Way Request: Vacate a Portion of the 10 -Foot Wide Public Utility, Drainage and Meridian City Council May 6, 2014 Page 6 of 66 Irrigation (PUDI) Easement Along the Shared Lot Lines of Lots 15 and 15 AND Lots 16 and 17, Block 11 Platted with Jayker Subdivision No. 1 JJ. Resolution No. 14-988: A Resolution of the Mayor and Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records of the City Clerk's Office KK. Resolution No. 14-989: Resolution Extending The Cooperative Construction And Reimbursement Agreement With JLJ Enterprises And The City Of Meridian Entered Into On Or About March 10-12, 2009 Bird: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda, Item 5, with all the previously approved additions. Milam: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. Continued from April 15, 2014: FP 14-015 Whitebark Subdivision No. 1 by T&M Holdings Located 2135 E. Amity Road Request: Final Plat Consisting of Twenty -Nine (29) Building Lots and Five (5) Common Lots on 10.54 Acres of Land in an R-4 Zoning Districts Meridian City Council May 6, 2014 Page 7 of 66 De Weerd: So we will move into Action Items. Item 7-A the applicant has requested to withdraw this application. I will entertain a motion at this time. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we remove Item 7-A from the agenda. Bird: Second. Milam: Second. De Weerd: I have a motion and a second to remove Item 7-A from the agenda and accept the applicant's request for withdrawal. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. FP 14-019 Chesterfield No. 3 by Northside Management Located South of W. Pine Avenue Between N. Black Cat Road and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty -Eight (48) Residential Lots on 7.42 Acres of Land in the R-8 Zoning District De Weerd: Item 7-13, Council, is final plat 14-019. The applicant has agreed with the staff report. We got that in after this was printed. Staff, anything further on that? Watters: Nothing further, Madam Mayor. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: I have none. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing how nobody has no questions, I move that we approved FP 14-019. Meridian City Council May 6, 2014 Page 8 of 66 Milam: Second. De Weerd: I have a motion and a second to approve Item 7-B. if there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing: TEC 14-005 Browning Plaza Subdivision by SLN Planning/Boise Waltman, LLC Located South Side of W. Waltman Lane and North Side of 1-84, West of S. Meridian Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat De Weerd: Item 7-C is a public hearing on TEC 14-005. 1 will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a time extension on the preliminary plat for Browning Plaza Subdivision. This site consist of 38.21 acres of land. It's currently zoned C -G and is located on the south side of West Waltman Lane, north of 1-84, approximately a quarter mile west of South Meridian Road. The applicant requests approval of a two year time extension on the preliminary plat for the Browning Plaza Subdivision in order to obtain the city engineer's signature on the final plat. This is the third extension requested by the applicant. The preliminary plat consists of 40 building lots and two common area lots on 38.21 acres of land. Shawn Nickel submitted written testimony on this application in agreement with the staff report. Staff is recommending approval. However, as with all extensions, the Council may require the preliminary plat to comply with current provisions of the UDC. Therefore, staff is recommending approval with the condition the applicant revise the development plans to comply with the 2013 addition of the Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. That's all staff has, if the Council has any questions. De Weerd: Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Okay. Applicant have any comments? Can't hear me? I'm sorry. 1 will talk louder. Most people say I talk loud enough. Okay. Is the applicant here this evening? Meridian City Council May 6, 2014 Page 9 of 66 Do you have anything you would like to add? This is a public hearing. Is there anyone who would like to provide testimony on this item? Council, do you have any questions for staff or applicant regarding this time extension request? Rountree: I have none. Bird: I have none. De Weerd: If there is nothing further, I would entertain a motion to close the public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on TEC 14-005. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-C. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TEC 14-005 and to include all staff comments and conditions. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-C. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Hearing: AZ 14-001 Ten Mile Center by Treasure Valley Investments, LLC Located South of W. Franklin Road on the East Side of S. Ten Mile Road Request: Annexation and Zoning Meridian City Council May 6, 2014 Page 10 of 66 of 120.69 Acres of Land with the R-8 (13.23 Acres), TN -C (26.11 Acres) and C -G (81.35 Acres) Zoning Districts De Weerd: Item 7-D is a public hearing on AZ 14-001. 1 will open this public hearing and ask for staff comments at this time. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for annexation and zoning. This site consists of 120.69 acres of land, currently zoned RUT in Ada County, and is located on the east side of South Ten Mile Road midway between 1-84 and West Franklin Road. The application proposes to annex and zone the site as follows: 81.35 acres of land located in the lifestyle center, consisting of 63 acres. High density residential, which is consisting of 15 acres and medium high density residential, which is approximately 1.5 acres and they are proposing to annex that with a C -G zoning district. And, then, 14 and a half acres located in the high density residential and medium high density residential designated areas to TN -C. And 11.5 acres located in the medium density residential designated area to TN -R and 13.23 acres located in the medium density residential designated area to R-8. You can see on this map here the colored one is the future land use map with the designations I just spoke of and, then, down below is the proposed zoning. It shows how it coincides with the future land use map. A conceptual development plan was submitted that depicts a future street layout for the site consistent with the transportation plan for this area. However, no building pads, parking, or future uses are shown on the plan. Residential uses up to eight dwelling units per acre, excuse me, are proposed to develop in the R-8 district. A minimum of 95 residential units are proposed in the TN -R district in addition to other uses as allowed in the zone. And a minimum of 300 residential uses are proposed to develop in the C -G and/or the TN -C zoned areas combined. The C -G area is this color right here, if you can make it out on that. TN -C, TN -R, and R-8. Conceptual building elevations were not submitted with the annexation request. Future development of this site, including structures, should be consistent with the provisions of the UDC, the Meridian design manual, and the design elements contained in the Ten Mile plan. Further details of those design elements are included in the proposed development agreement provisions listed in Exhibit A-6 of the staff report. A multi -use pathway is required across the site connecting Peregrine Elementary to Ten Mile and Franklin Roads in accord with the master pathways plan as shown. The Commission heard this request for annexation and zoning and is recommending approval to the City Council. Summary of the Commission hearing. Eric Davis and Becky McKay testified in favor of the application. In opposition Jeanette Ockerman was speaking for a group. Dennis -- apologies if I don't pronounce your name right -- Garrison, Don Downum, Cindy Atwood, Ron Hohnstein, Jennifer Johnson, Margaret Moser, Christine Lambing, Steve Osborn, John Mabitt, Doug Thompson and Angie McNulty all testified in opposition. Sarah Weekes commented. Written testimony was received from Jim Wolf, Jerry and Kay Sowards, Jeanette Ockerman. A petition signed by adjacent residents in opposition to the high level of residential density and access to Waltman Lane. Craig Downum, John Downum, John Osborn, Maggie Weekes, Margaret Moser and Dave Dansereau. Key issues of discussion by the Commission were the traffic impacts on the adjacent rural residential neighborhood and roads at the Meridian City Council May 6, 2014 Page 11 of 66 southeast corner of the site. Concern regarding the potential for 300 dwelling units to develop in a TN -C district versus spread out over the TN -C and C -G districts. They were concerned about the wording in regard to those issues of DA provision 4.1.6 -- Exhibit A-6. The impact of additional residential dwellings in this area on the school system and the importance of creating a transition and compatible uses at an appropriate scale adjacent to existing residential properties. Two commission changes to the staff report. They voted to modify conditions 4.1.14 and 4.1.6 as requested by the applicant as shown in Exhibit A-6. There are no outstanding issues for Council. Written testimony received since the Commission hearing was received from Gary and Kay Fords and Jeanette Ockerman with a petition. Staff will stand for any questions Mayor and Council may have. De Weerd: Thank you. Council, any questions for staff at this time? Bird: I have none. Rountree: Not right now. De Weerd: Okay. As we enter into the public hearing part of it, the applicant will give their presentation. They have ten minutes. And, then, we will open it up for public testimony. Three minutes each. If you speak on behalf of a group -- usually it's an HOA or others defer their time to you, that will be six minutes. So, we will go ahead and ask if the applicant would like to come forward. Davis: Madam Mayor. De Weerd: Good evening. If you will, please, state your name and address for the record. Davis: I'm Eric Davis. Retail West Properties. 199 North Capital Boulevard, Suite 300, Boise. De Weerd: Thank you. Davis: Madam Mayor. Council. I stood here maybe in the old building about 12 years ago and -- with Mike Ballantyne and we presented an offer for five million dollars to get this Ten Mile interchange kicked off and it proved out to be successful and took off and did a project in Tucson and come back helping Treasure Valley Investments with this project. But during that period of time I was able to meet a lot of the neighbors, a lot of the property stakeholders right around the project who understood the diverse nature of all their interests, farmers and ranchers and investors and -- and as the Ten Mile interchange got approved I participated in some of the planning with HGR on the specific plan and through what Meridian has done to organize and direct its efforts and guide the development, because with all of the diverse interests a plan is needed and we have -- you know, we find value in it. It conveys an expectation in professional terms that is way above and beyond what we can do ourselves. We need the backbone Meridian City Council May 6, 2014 Page 12 of 66 of the jurisdiction. It emphasizes density, multiple uses, sustainability, quality of design, and we can actually take this plan and give it to a tenant, a retailer, or whoever might come our way and say here is what we expect -- you know, you have to do at least this much and however you configure yourself, you know, pay attention. So, we are ready to go out and find what comes our way. This zoning and annexation will allow us to do that. It's a unique opportunity. In fact, if you think about it, with the three owners that are there today with Treasure Valley Investments, Brighton, and Cal -Non, there is probably 250, 300 -- over 300 acres and only three owners and this will be the -- this transition will be the -- will be the 250 zone -- or acres rather of commercial zoning. And don't know if it's a fact, but I think it's probably the largest contiguous commercially zoned piece of property between Seattle and Salt Lake City on a freeway with a market like ours. So, it's significant what we are about to do and we don't have any debt on the property. We don't have to go out and sell a pad to McDonald's to make an interest payment to the bank. We are able to be patient, work -- make our plan, work our plan and we are not asking for the plat or a plan approval, because we, quite frankly, don't have that lead tenant, the bell cow tenant, the major corporate, whoever it might be, but we have high hopes and high expectations. So, I'd like to just introduce our team. In fact, tonight we have Mirazim Shakoori with Treasure Valley Investments, who is in from out of town, and he's owned the land for 12 to 15 years. Deb Nelson with Givens Pursley and, then, Becky McKay with Engineering Solutions will follow up and finish the rest of this presentation. Thank you. McKay: Becky McKay with Engineering Solutions. Business address 1029 North Rosario, Meridian. De Weerd: Thank you. McKay: I didn't think you guys would move through the agenda that fast. I had Boise City Council tonight also and so I had to get Sheri ready for -- so, it took me a little bit. Thanks for your patience. I have been working on this particular project with Eric Davis and with Mirazim and Deb Nelson. Initially they came to me and they -- they indicated that the Brighton project to the south and the Brighton project to the north were proceeding forward and their parcel was right in between this and they hadn't taken any time to look at how these roadways were going to work, how it was going to impact them. ITD was asking for collector easements that would benefit this whole section and that they couldn't stand by and do nothing, they had to, obviously, look at some long range plans, so that as part of development of this section as indicated in the Ten Mile specific area plan that this transportation system would be established and as you well know with what transpired to the west of Ten Mile, all the properties unique to this area are contingent of development of these collectors. So, Mirazim wanted to have -- he had CHSQA, he had us look at it, meet with the staff and we had a long kind of evolutionary process in figuring out, okay, based on that Ten Mile specific area plan, based on what's happening around us, what is a good fit on this particular piece of property and what can we do so that he has the ability to dedicate these right of ways if asked, when required by adjoining properties to -- to build these, but yet not compromise the future development of this property. So, we worked with the staff to Meridian City Council May 6, 2014 Page 13 of 66 come up with kind of a composite based on the designation. We had, obviously, the lifestyle center that was in the original land use designation was on this property. Well, the complexity that was kind of thrown -- or the curve ball that was thrown to Mirazim was when Brighton came through with their particular project, Ten Mile Creek to the south of us, they asked the Council to evaluate that land use map that's attached to the Ten Mile specific area plan and remove the lifestyle center, which overlapped onto Brighton significantly. The Council went ahead and they approved commercial designation on that land use map. So, what it left on this particular property was a half of a lifestyle center. So, working with the staff they understood the difficulty and what we were struggling with and we found the compromise and so the staff said, well, let's -- let's have C -G, we will transition into TN -C or transition to TN -R and, then, R-8 and we believe that these zoning designations and these annexations fit the Ten Mile area specific plan and comply and make sense based on the changes that have taken place since 2007. So, that's exactly what we did. We -- we worked -- we had neighborhood meetings with the adjoining properties and one of the other complexities of this parcel is the fact that we have an estate county subdivision on our southern boundary. So, obviously, their concern was traffic, transitioning and how this particular development would affect them. We explained the Ten Mile plan and, you know, for the single family dwelling out in that particular area, they weren't real versed in what had transpired, but they did admit this makes sense and we see that, you know, the City of Meridian and ITD have spent 32 million dollars on that Ten Mile interchange and so, obviously, commercial development will take place. Now, as far as how that takes place, you know, they, obviously, want an input. I -- after the neighborhood meeting they gave me all of their comments on the transportation. There is an existing elementary school within their neighborhood that -- that accesses out to Linder Road and they talked about the fact that their street of Waltman bears all that burden of traffic. So, I typed up all of their transportation concerns. I sent that over to ACHD and said, you know, these -- these are some of the concerns of the adjoining neighborhood. ACHD came back and indicated, you know, as far as the traffic on Linder, it's light, the fact that it dead ends into the freeway. As far as Waltman and capacity, obviously, the peak hours are when the school -- school kids and their parents and doing drop offs and when they are doing pick up. I did go out, I did drive around the neighborhood during -- when the kids got out of school, so I could -- I could see exactly what kind of volume was taking place, what kind of stacking were we seeing out their along Waltman and Linder and it -- it did not appear to be heavy to me, you know, you had ten, 12 cars backing up all along Waltman -- De Weerd: Please, I'd ask you to be respectful. McKay: So, ACHD, when we bring in a specific design, has indicated they are going to ask for inner connectivity. They believe that the internal collector roadways that we will construct will benefit and provide secondary access to this area, whereas Linder just comes in and dead ends. So, they believe it would be of benefit and will alleviate some of the traffic issues. De Weerd: Becky, you need to wrap up. Meridian City Council May 6, 2014 Page 14 of 66 McKay: Does Council have any questions? De Weerd: Council, any questions at this point? Bird: I have none. De Weerd: Okay. Thank you. McKay: Thank you. De Weerd: Okay. I do have a list and when I call your name I will indicate what you signed up, in favor or against, and if you would like to provide testimony at that time I would invite you forward. Jeanette Ockerman signed up against. Good evening. If you will, please, state your name and address for the record. Ockerman: I'm Jeanette Ockerman. 2070 West Waltman, Meridian, Idaho. De Weerd: Thank you. Ockerman: I have a presentation from myself and my neighbors and I would respectfully ask for the ten minutes given to the applicant and the ten minutes we had at the zoning meeting, so that I can give you the presentation. De Weerd: Can I ask who are you speaking on behalf of so the -- and if they defer their time to you. Okay. Ockerman: Okay. So, we are here to speak in opposition to the current zoning and these are our reasons why. We feel that the TN -C and TN -R zones have been moved from the land designated for their use on the future land use map to a medium density residential area, causing the loss of 17.2 acres of medium density residential to the TN -R and TN -C zones, which will negatively impact our existing neighborhoods, roads and schools due to the loss of that medium density area. We are also concerned about the lack of a conceptual plan, insufficient transitional zoning details to the adjacent neighborhood and the lack of specific locations for those 300 residential units in the TN -C and C -G areas. This is your Ten Mile interchange map. On that original plan there was almost equal distribution between the commercial and residential areas, 63.3 acres were commercial and 55.8 were residential. Twenty-five percent of the area was stable medium density neighborhood anchoring that east side adjacent to the existing neighborhoods. So, all of that area in yellow is medium density east of that second collector road. The proposed zoning asks for 95.69 acres or almost 80 percent of the land go to a commercial use with this C -G and the TN -C zones, with a small 13.23 acres of medium density residential or only ten percent of the area. In your proposed -- in your future land use map the TN -C definition is the same as a lifestyle center and we feel it belongs out where the lifestyle area was. The TN -R is more compatible with the high density and medium high density areas. Putting the TN -C and TN -R zones where Meridian City Council May 6, 2014 Page 15 of 66 they belong on the map would allow the medium density to stay at 30.4 acres and retain compatibility and reduce the impact on our adjacent neighborhoods and roads. So, if you will just look briefly at the map, the yellow is the medium density in the Ten Mile interchange map and, then, when you look at the applicant's map everything to the right of that second new road is TN -C, TN -R and R-8. You can see the difference from a medium density to those three other zones and that's concerning to us. A traditional neighborhood center is to serve the focal point of a neighborhood, so why is this TN -C being put back in a residential area when there was over 60 acres of land for that purpose on your Ten Mile interchange map? Single family homes are not permitted in a TN -C, but they are going to be next -- the TN -C is going to be next to an R-1. So, how is that zoning going to transition? And this is a picture of a TN -C from your website. That's concerning to us that that's going to be next to our rural neighborhood. Then there is the 300 residential units that are being spread across the TN -C and C -G zone. They don't have a definitive location or a conceptual plan so that we can see that the majority don't end up in a TN -C right next to us. Residential is not a permitted use in the C -G zone. Those 300 residential units would be the equivalent of 15 acres of high density residential at 20 units per acre. Again, this picture is a TN -C off your website. This is not what we want next to our properties. We feel that this is more appropriate closer to Ten Mile. Then there is the TN -R, which averages 12 units per acre, with a maximum of 15. A TN -R is twice the density of an R-8 or medium density residential. We feel like it's not compatible next to an R-1 neighborhood and, again, that those transitions have not been addressed. You see the TN -R off your website again, compared to our neighborhood at the bottom. In your Ten Mile specific area plan -- and I quote from page 3.4: The land use framework promotes more intense use around major corridors and transit and lower density development closer to existing neighborhoods. Citywide objectives are to concentrate the commercial and higher density residential developments in areas with the highest transit -- highest transit capacity and conserve the scale and character of existing single family neighborhoods. That's what we are asking you to do. On your plan it says medium density residential areas are characterized by relatively low densities and a predominance of single family homes. Large apartment buildings and apartment complexes are not compatible. These areas should be protected from encroachments of higher density and higher intensity uses. The TN -R and TN -C zones are encroaching on that 30.4 acres of medium density residential on your map. If you look at the zoning all around that school, all that area in yellow is an R-4. Keeping that 30.4 acres of medium density just west of the school would maintain the integrity of those R-4 and R-1 neighborhoods. It would create another stable and secure neighborhood next to our school. It would help create that sense of community that Meridian wants. It would provide a transition to adjacent Primrose Subdivision and reduce the traffic on Waltman and Lilac roads and it would be consistent with your plan. The road dividing the TN -R and the TN -C flows directly into Waltman and Lilac lanes. The commercial and higher density residential will directly access our subdivision. It has the potential for two to three times the level of road usage due to the change from 30 acres of medium density to that higher density TN -C and TN -R. That's a concern. The TN -C and TN -R zones were intended to be in other areas of your map. The traffic created by their use would, then, be handled by the main roads. There is a high density residential and commercial area just west of that Meridian City Council May 6, 2014 Page 16 of 66 second main arterial road and that would encourage the traffic to flow north and west and away from our area instead of into it. Right now 1,089 is the average daily traffic on Waltman Road -- actually, that was in 2011, three years ago. They say capacity is 2,000 cars per day. Peregrine Elementary does create traffic problems before and after school and we believe that will be worse if you add those higher densities at the end of the road. Current enrollment at the school is 600. Capacity is 700. Half of the students are in the walking zone. Of the 300 students who could walk most are driven by their parents, according to the principal. Two hundred students could be added to the school due to the zoning and the increase -- increasing our traffic problems. For whatever reason the kids who walk are driven to school and we believe that will continue and it's going to only get exacerbated. Putting the TN -C and TN -R at the end of Waltman will increase our traffic. Not only from the new development and the zoning, but the existing neighborhood on the east. That TN -C zone is going to attract those neighborhoods east of Linder to use Waltman as an access road to that commercial district with the restaurants, the retail, and the entertainment they are going to want to cut through our neighborhood to get to that, as well as to get to the interchange. So, our critical issues, to repeat, that the medium density was reduced from 30.4 acres to 13. A loss of 17. It went from 25 percent of the land to just over ten. The lifestyle and commercial areas now account for 95.69 acres or almost 80 percent of the land, where before they were just over half. The loss of that stable neighborhood, 30.4 acres were single family homes that promote home ownership. The lack of compatibility with the existing neighborhoods and the inconsistency with your land use map in relation to the TN -C and TN -R, their zones and their location and the excessive traffic on Waltman and Lilac causing a negative impact on the Primrose Subdivision and increasing safety concerns due to those zones. The insufficient transitional zoning details, especially in regard to those 300 units and the fact that there is no conceptual site plan to let us know what they are going to do or how things will transition. So, we are recommending three things before you approve this plan. First, you require those 30 acres be designated medium density, to maintain that land use on your plan, to maintain consistency with the neighborhoods, protect against encroachment and reduce traffic and safety problems due to road access. Second, there will be more specifics in transitional zoning with the R-8 and R-4 bordering our land, limited to single family homes and requiring a privacy buffer between the existing homes and the new development, including fencing and green space. And, finally, address access to Waltman and Lilac by moving the TN -C and TN -R zone to their designated areas on your future land use map due to the average effect that traffic will have on the zones in our rural neighborhood and for safety reasons, including student safety. And I just want to point out that Brighton on the north is 45 acres, they were able to get commercial, TN -C and a high density residential. So, why can this applicant not have a better transition before they hit at 30 acres of medium density? We believe it can be done. So, in conclusion we as residents are not opposed to development and growth in the Ten Mile area. We are opposed to the current level of zoning adjacent to our neighborhood. We feel there is room to compromise to meet the needs of the neighbors and the developers alike and we are asking you to, please, reject the current zoning application in favor of a plan that more closely aligns with the location of the land designations on your future land use map. And that's all I have. Are there any questions? Meridian City Council May 6, 2014 Page 17 of 66 De Weerd: Thank you. Council, any questions? Rountree: No. I have none. Ockerman: Thank you. De Weerd: Thank you. Dennis Ockerman signed up against. I figured you probably did. It was an assumption. Olin Anderson signed up against. Thank you. Carol Anderson signed up against. Darlene Vineyard signed up against. Okay. Thank you. Tonya -- thank you. Thank you. She also signed up against. Sharon and Gary Osborn. Okay. Good evening. If you will, please, state your name and address for the record. Osborn: Sharon Osborn. 2030 West Waltman, Meridian, Idaho. De Weerd: Thank you. Osborn: My husband and I feel that a more appropriate transition between the now existing Whitestone and the more rural Primrose Subdivision should be made in connecting this new neighborhood to the existing neighborhoods as outlined on the city's Comprehensive Plan from 2007. That plan seems to be much more appropriate for our neighborhood and an appropriate transition. A TN -C and TN -R zoning, which are for commercial and medium high density residential, at the end of Lilac and Waltman Street are totally incompatible for our now rural neighborhood. We aren't opposed to the development of the Ten Mile area, but we don't want to be impacted by high density residential. We would like to see single family homes in that area. Thank you. De Weerd: Thank you. Rountree: Madam Mayor, I have a question. De Weerd: Sharon. Osborn: Yes. De Weerd: We have a question. Mr. Rountree. Rountree: Could you point out -- and maybe you can help -- the two subdivisions you mentioned on -- in this map that's showing -- Osborn: Well, let's see. That's -- that is the Primrose and Whitestone is off from Linder. Rountree: Okay. All right. Thank you. Osborn: Okay. Meridian City Council May 6, 2014 Page 18 of 66 De Weerd: Doug Thompson signed up against. Okay. If you will, please, state your name and address for the record. Thompson: Doug Thompson. 1846 West Greenhead. De Weerd: Thank you. Thompson: Madam Mayor, Members of the Council, I want to say, first of all, I appreciate all the work that everybody has done on this. This is -- I came over yesterday and talked to some folks in the planning department and was given their brochure. I don't know what else to call it. A stack of papers it was -- I appreciate all the effort that's gone into this. I was involved to some degree on the initial planning for this years ago when months and months and months and months went into making this master plan and I would ask the Council to consider this change as a violation of the integrity that the people of Meridian placed in you people when we approved that original plan the way it was laid out as was drawn up by the gal who spoke here a few minutes ago. I think that it's important in this master plan that we stick to it. It laid out a plan that the people of Meridian liked. There was a lot of work went into that and I don't really feel that there is any need to change that and deviate from that master plan and I'm not involved in community politics, so you will have to forgive me. I hope whoever represents this area really takes a hard look at this, because it's important that we -- that we stick to the original plan. It was approved and everybody felt good about it. That's all I have got. De Weerd: Thank you. Thompson: Thanks. De Weerd: Joel -- I can't read your printing, but I know it's Joel. Signed up against. Thank you. Michael Anderson signed up against. Thank you. Yvette Anderson also signed up against. Dawn Downum signed up against. Craig Downum signed up against. Okay. Good evening. If you will, please, state your name and address for the record. Downum: My name is Craig Downum. 1715 Waltman. De Weerd: Thank you. Downum: I agree with everything that Jeanette said. The density is -- it's obvious on the map. It puts the density way down towards the end, which is going to affect Waltman regardless of what ACHD or anybody -- no one knows how much it's going to affect Waltman. I just feel that -- we had an incident with a fire truck trying to get to the school recently. It was a false alarm, but they couldn't get down the street. There were too many cars. Cars couldn't get out of the way to allow that to happen. So, that's a Meridian City Council May 6, 2014 Page 19 of 66 concern, a legitimate concern. So, I just think it needs to follow the original master plan and spread a little more than it is. That's all I have. De Weerd: Thank you, Craig. Jennifer Johnson signed up against. Hi. If you will, please, state your name and address for the record. Johnson: Jennifer Johnson. 2035 Waltman Street. De Weerd: Thank you. Johnson: Good evening, Madam Mayor and Council. I'm opposed to the applicant's current plan for development, as it does not -- it gives exposure to the residents of Primrose Subdivision in terms of impact. We have simply no idea how these changes will -- will -- if approved will affect us. We don't know what traffic patterns will do to the future of our properties. We have been told that a few things will be evaluated after development is done, at which time they may or may not have to -- have to widen the road. They may or may not have to move wells if they are too close to where the road needs to change. We don't know how increased traffic, pedestrian and vehicle, will affect the safety of our children and our livestock. In the interest of fairness and compromise I don't think homeowners in the Primrose Subdivision should have to prepare for a potential like this. If proposed the developer will have to pay impact fees to be used for future changes to this subdivision, especially if the current plan is not changed to compliment our subdivision. I have a general idea of what the potential impacts of cost per resident. If the road has to be widened we will lose enough feet of our easement to potentially have to move wells. This means fencing, irrigation ditches, and landscaping as well. Most homes are affected are front facing properties with the well in the front. There are six corner houses with more exposure than the rest. The six homes would have a higher impact of changes and based on the current prices a cost impact would approximately be 35,000 dollars per home. The other homes would be approximately 25,000 dollars per home, with a total of 54 homes in the immediate impact area would equal 1,410,000 dollars in fees for the developer. This information got from the impact fee programs on your website and I'd like to quote: The Idaho Code defines an impact fee as a payment of money imposed as a condition of development approval to pay for proportionate share of the cost of the system improvements used to serve the development. The impact fee repeats the legislature -- excuse me -- legislative findings and an equitable program for planning is financing public facilities that serves new growth and development as necessary in order to promote and accommodate orderly growth and development to protect the public health, safety and general welfare of citizens of the state of Idaho. Are there any questions? De Weerd: Council, any questions? Rountree: No questions. De Weerd: Okay. Thank you. Richard Telliho. Okay. Signed up against. Good evening. If you will, please, state your name and address for the record. Meridian City Council May 6, 2014 Page 20 of 66 Telliho: Richard Telliho. 1885 Waltman Street. De Weerd: Thank you. Telliho: Madam Mayor, Council Members, first of all, I think it's going to be kind of a hard act to follow with Jeanette. She kind of covers everything. De Weerd: I would assume that's why everyone decided she was an appropriate spokes person. Telliho: She is good. Secondly, I would kind of like to just rebut a little bit about what the young lady said about the traffic at the school. I live directly across the street from that school and, yeah, it's almost impossible to get out of your yard or your driveway when school is coming in or letting out, but there is traffic in and out of that school all day long and in the evening those parking lots fill up again with soccer practice and little league practice or, you know, pee wee baseball and football and stuff like that. So, it's -- it's not just during the day, it's all day. So, with that I would like to read this and, then, submit it if I may. De Weerd: Thank you Telliho: First and foremost I want to express my opposition to this project. I object to both the zoning that is being planned and the connections to the project through the Primrose Subdivision. It almost appears that the City of Meridian is in competition with Boise. Boise was the main hub in the Treasure Valley. It has a large downtown metro area. Meridian has a smaller downtown, but is growing through urban sprawl. Most people that live in Meridian did so because it was less urban and had a sense of community. When I moved here 18 years ago it also had a better education system than Boise. The residents that live in the Primrose Subdivision moved there for the rural lifestyle. This plan will completely alter the lifestyle of the Primrose Subdivision. We will have a monstrous commercial and urban area right at our doorsteps. I have found over the years that these different plans for growth seem to foster a lack of critical thinking about the consequences and the impact it will have on the community. The planning also does not seem to hear or accept inputs from the people of the community. The applicant Treasure Valley Investments, LLC, stated at the P&Z meeting on March 20th that this project has the potential of being the largest commercial hub between Salt Lake City, Utah, and Portland, Oregon. I don't know if that was supposed to be a selling point, but it sure didn't make any pluses for me. That's the last thing we want in our backyards, especially being that we are a rural community. Here are a couple of examples of where I thought there was some lack in planning. We have got the Eagle and Fairview Avenue that's statistically been considered the most dangerous intersection in the valley. The traffic congestion was terrible along the whole corridor. The new plan to fix that was to build the Village at that intersection and create more traffic. With poorly timed traffic signals the congestion is worse. Closer to home was Meridian City Council May 6, 2014 Page 21 of 66 the building of the Peregrine Elementary School. The traffic impact was totally miscalculated. De Weerd: Sir, your time is up. If you could, if you can give that to Madam Clerk and she will make copies for Council. Unless Sharon would like to read the rest of it. Sharon also signed up against. Shandra -- I'm sorry. I think both of you raised your hand when you deferred to Jeannette, but we will make sure -- pardon? Okay. I'm sorry, we can't have a conversation, but we will read it, so -- Steven Devenport signed up against. Good evening. If you will, please, state your name and address for the record. Davenport: Good evening, City Council Members. My name is Steven Davenport. want to thank you for this opportunity. I have lived at 915 Lilac Street for 36 years. A lot of them most -- currently living in the Primrose Subdivision and on Lilac Street. Lilac Street runs north and south and presently is under consideration as an access route to the Ten Mile interchange. I have witnessed much development and/or changes over the years. I remember when most of the land around the Primrose Subdivision was farmland and is now slowly being redeveloped. Land east of Linder Road was the first to be developed. Residents in a new area wanted to go open upper Waltman Road, so they could access Meridian Road and the freeway. Residents living in upper Waltman objected to the plan, fearing excessive traffic would impact them negatively and border on encroachment. They petitioned the city not to honor this request. The city responded in a positive fashion and upper Waltman remains a dead end and closed to the East Linder residents. Needless to say, those residents on upper Waltman were pleased with the city's decision, one of whom is a close friend of mine. Now it's my understanding a similar situation is occurring with the development of the Ten Mile Center. If the plan goes through it will allow residents of -- east of Linder access to the Primrose Subdivision to reach the Ten Mile interchange. In my opinion redirecting traffic through lower Waltman, Verbena and Lilac will create an excess. This is an encroachment and impacts negatively. Are the 60 plus residents of the Primrose Subdivision any less deserving than the ten residents in upper Waltman. Redirecting traffic to Verbena and through Lilac will naturally create excessive traffic and in my opinion pose a problem for bicyclists, as well as neighbors who enjoy taking long walks through these -- these streets. Except for Peregrine Elementary there are no sidewalks. I am not opposed those development, but I am opposed to the zoning changes, namely, TN -C and TN -R. It makes more sense not to redirect traffic to the subdivision, but to continue utilizing Linder and Franklin Roads as an access to the interchange. Linder and Franklin Roads are not impacted negatively and I would encourage the Council to follow the city's future land use plan and keep the 30.4 acres on medium densities a residential area to reduce traffic. In conclusion I hope the City Council Members will listen carefully to those who are presenting this evening. Please don't let this meeting become an exercise in futility. Thank you. De Weerd: And, I'm sorry, I can't read the first name for Mrs. Davenport, but also against. Thank you. Cindy Atwood. Good evening. Meridian City Council May 6, 2014 Page 22 of 66 Atwood: Good evening. I'm Cindy Atwood. I live at 2290 Verbena Drive and I, too, would like to thank everybody for all their work and effort. I just -- I pretty much want to reiterate -- as they said, Jeanette pretty much covered it. I just would like to reiterate that the traffic on Waltman is extreme and -- and our -- I just hope that you will really listen to this and at least take some time -- the fact that Peregrine was put on this street -- and I'm sure you all know that -- rather than -- you know, the city did some bartering and et cetera to put it there, instead of on the main street, for the safety of the children. I think that's huge and I think that's something that really should be looked at. And thank you for your time. De Weerd: Thank you. Dennis and Yolanda -- and I can't read the last name. Garrison. Signed up against. Maggie Weekes signed up against. Thank you. Steve Weekes. Good evening. Weekes: Mayor and Councilmen. Thank you guys so much for taking the opportunity to listen to us. We are here for -- De Weerd: Can you, please, first state your name and address. Weekes: Oh. Sorry. De Weerd: That's fine. Weekes: Which one works best? Dave Weekes. 1010 Lilac Street. De Weerd: Thank you. Weekes: Appreciate all the work that you guys do for us, even though a lot of us aren't in your area and stuff, the impact area that we are in, we do live here, we do love Meridian for a reason. All I'm here tonight to do is thank you guys and, please, take a minute and look at the situation that we have. The mapping that so much money and time went into to begin with to try to get that whole area into the Meridian concept, we are happy with that. We are not against the development and stuff. What we are against is how we are changing horses in the middle of the stream for a special interest group that wants to do something a little bit different out of the ordinary. I'm not saying that sometimes that isn't good. Sometimes it needs to be looked at. But we have the Whitestone area, we have the Primrose area that are single family homes and we would really like to have the opportunity to have that transition like as on the map to begin with considered very very seriously. And, again, thank you guys so much for what you do for us, even though I'm not even in the city, but you guys are doing a fabulous job, but, please, take a minute and look at it very seriously and have a compromise for us, you know. We are happy to have the development. We are happy to have the people come in and help us out. But we want you to take a look at the consequences of the schools, roads, over and over and over again. That's what you have heard all night long. I want you to take a look at it -- what we can do as a compromise to make it workout for everybody. And thank you so much for your time tonight. Meridian City Council May 6, 2014 Page 23 of 66 De Weerd: Thank you. 011ie Land signed up against. Okay. Peggy Moser signed up three times against. Moser: Hello, everybody. De Weerd: Hello. If you will, please, state -- Moser: My name is Margaret Moser and I have lived at 875 Lilac Street in the Primrose Subdivision 30 plus years and I like it there on my little acre. I know there will always be growth around us here and that I -- and that I can live with. However, there are a few things that could happen that will make things change a bit for the worse around here. These are the things I hope to address in my letter. I read this letter to the zoning, so now you get to hear it. Waltman is an almost half acre long road. And I use road, because if you have been on it you would call it that also. And Lilac is a short little street and these two roads are approximately 24 feet wide. I measured them. Part of Waltman has a sidewalk on the north side of it, but only by the school. We all in this subdivision have used it to since the subdivision was built in the early'70s. The addition of the grade school on Waltman has increased the vehicle traffic considerably to the point that in the morning and afternoons when the children start and finish a school day, the parents who come to pick their children up cause a bit of traffic congestion. But, unfortunately, that only lasts about a half hour. I didn't know that it went on into evening, because I don't live right across from the school. That one person that said that has a point there. Anyway, what I am somewhat protesting is extending Lilac Street north into the new development with the building of even more homes on the north side of Waltman I am sure there will be even more increased vehicle traffic when the parents deliver and pick up their children. Traffic from that area would have no reason to enter our subdivision, but, rather, go down Linder Street and Waltman Road up to the school as they do now to pick up their children. If a pedestrian walk channel were to be built from the new residential area directly into the school yard on the west side, the children in that area would be phase one, two and from school and would not even have to walk on Waltman at all. Also, the parents could drop them off in the subdivision, instead of our subdivision. Also on the east end of these new subdivision areas the traffic would not be compounded with more vehicle traffic through, the subdivisions on the east side of Linder headed to Ten Mile and Franklin Road. If you do consider my suggestions in this letter, perhaps a good solid privacy wall between the new construction and Waltman would be not only a good sound barrier, but also allow those of us in the Primrose Subdivision to maintain some of our 40 plus years of privacy. Thank you for listening to me. I have a question to ask you. How many of you have been down Waltman and Lilac? Would you raise your hands? And how many of you have been there at 8:15 in the morning and 2:30 in the afternoon? De Weerd: I have walked during that time for national Walk to School Day. Bird: Yeah. Meridian City Council May 6, 2014 Page 24 of 66 Moser: You know how horrible it can get and the traffic is a mess there. Thank you for listening to me. De Weerd: Cindy Downum signed up against. Kaye Fors signed up against. Thank you. Gary Fors signed up against. Okay. Edmond Kennis signed up against. Thank you. Sylvia signed up against as well. Christine Lambing signed up against. Thank you. Lambing: My name is Christine Lambing. I live at 860 Lilac Street. De Weerd: Thank you. Lambing: Madam Chairman -- or Madam Mayor. De Weerd: That's all right. Lambing: Council Members. Again, I live at 860 Lilac Street in the Primrose Subdivision on the corner of Waltman and Lilac, exactly on that corner where they plan on putting a thoroughfare through to go north into the proposed subdivision. This neighborhood is comprised of acre lots with single family dwellings, outbuildings, livestock, horses, farm animals, and irrigation. Room for children and grandchildren to safely play. We have wells that provide outstanding water. An acre of land -- oh. We bought this property because of the rural aspects and qualities, as did our neighbors. An acre of land with a home is not cheap and for us a lifetime investment. This brings me -- brings me to the point I wish to address. Not everyone wants all of the Meridian area to grow at the rate it is and has been of late. We are a rural area in Ada County that is being encroached upon by the city. We all know that growth is inevitable and it has been made very clear to us that this development is going to happen regardless. We are, however, vehemently opposed to the way this is happening and to the multitude of serious negative impacts that is going to have on our way of life, including, but by no means limited to, the loss of well water, an increase of crime, which we clearly have very little of. Traffic and road issues. Overcrowding of Peregrine Elementary School and the loss of some of our property so someone else can make money. I am also concerned by the complete lack of regard as to the -- the neighborhood -- complete lack of regard we as a neighborhood have been shown to date. So, going through the motions, if you will. The proposed zoning adjacent to the some -- excuse me -- Primrose Subdivision is, in our opinion, unacceptable. You want to make a really -- a residency plan that is too high in density with our existing low density neighborhood. We have yet to be presented with a clear intent as to the actual number of dwellings proposed, but have been given ambiguous responses instead, all indicating an altogether too high density plan. We have heard the planning phased repeatedly, yet we fail to see correlation on the planning map. On your website I found the following. Compatibility. The appearance of different land uses, development context, or building types existing together in harmony without conflict with respect to site architecture and landscape design. My response: There is no harmony in proposed TN -R and TN -C adjacent to the Primrose Subdivision. This is from your little brochure that you have for Meridian City Council May 6, 2014 Page 25 of 66 people that want to apply. Getting what you want from a handout. Number two. Please keep in mind that you may not be able to do exactly what you have been -- exactly what you have intended. We know this can be frustrating, but we will get to as close to possible with -- working within city codes and policies. If you help us to understand your needs we can be pretty creative with brainstorming and workable solutions. Response. We feel there is no consideration being given to the residents of the Primrose Subdivision and our neighbors. The list goes on. The guidelines go on. But where is the compliance? We are requesting the property and the review for development adjacent to the Primrose Subdivision be designated R-1 to better keep in line with our long-standing and existing neighborhood. We are opposed to the current proposal of TN -C and TN -R for said property. Any questions? De Weerd: Thank you. Lambing: Thank you. De Weerd: Chris Lambing. Also signed up against. C.Lambing: I have a letter I would like to submit. De Weerd: Okay. If you would like to submit it to our city clerk. Those are the people that signed up. Is there anyone else who would like to provide testimony on this application? Okay. I will ask, then, the applicant to address the concerns that have been raised. McKay: Thank you, Madam Mayor, Members of the Council. Becky McKay. Engineering Solutions. Sonya, can you go back to the street -- there you go. Thank you. Anytime the city grows out toward these rural subdivisions that were created in Ada County with individual septics and wells on either R-1 or RUT lots, we always have issues with transition. Their definition of what is high density, the definition of the Council, the code, the development community of what constitutes high density are different. Now, in this particular project we understand that we have these estate residential lots and that -- that was taken into consideration. I do not believe that we were just going through the motions. I sent e-mails. I distributed information. I sent information to ACHD. I met Russ Johnson, their ditch guy, out at the site one afternoon, he wanted me to be out there when school was getting out, so I could see the traffic for myself and to talk about their drainage and irrigation issues. I also got the farmer that is farming this property for Mirazim to attend that meeting. So, we want to be good neighbors. We have no objections to the Council including in that development agreement transitional densities next to the existing estate residential. In talking with -- with Jeannette Ockerman on the phone, I -- I had passed on that ACHD is absolutely one hundred percent convinced that the traffic issues that exist in this area with the school on Waltman and with Linder Road being the sole access, will be alleviated when these collectors and these signals are built. There will be two collectors going north out to Franklin Road. One will come through Brighton and another one will come through the property to the north. Those will be signalized intersections. We are going to have Meridian City Council May 6, 2014 Page 26 of 66 a signalized intersection at Ten Mile Road. We will be building east -west commercial collectors. We have to transition. We are not asking for a change. We are not here before you asking for a land use map change. We are here asking for what is included in that Ten Mile specific area plan. When I look at the original map the Brighton property has three designations, high density employment, lifestyle center, and medium density residential -- or medium high density residential. Excuse me. This is what we have now. Brighton did not transition, they -- in fact, they include no residential in their 80 acre parcel. So, the staff looked at us to provide that residential and we did not object. We agreed. We will provide some residential. They said the Ten Mile specific area plan asks for diversity. It wants -- they want townhouses. They want single family dwellings. They want apartments. We are supposed to create housing that will benefit that Ten Mile area and provide for those future employees, if we happen to get a corporate campus, we have a retail center, we have restaurants, that there are multiple options for residential. R-1 is not one of them. The staff was pushing us to have R-15 and I said I don't think that's -- that's appropriate. I think R-8 would be a better fit and, then, we transition with TN -R, TN -C and, then, to the C -G. We are embracing transition. We are supportive of the Ten Mile plan. All we want to do is come in and get annexed, get this zoned, and get our roadways established and the roadways are compliant with the transportation plan of the Ten Mile specific area. Comments were made about -- comments were made about the lack of planning. The Ten Mile specific area, as you guys know, is the most planned area in the City of Meridian, because you guys looked at all of the issues. Transportation. Land use. Balancing act as far as access. Improving this area. This is the foundation of this plan and the sooner we get our street network established and interconnect with Brighton, the more likely that this development will take place. So, from a planning perspective I would put the open space that we need and will be required for the single family, the multi -family, down next to Waltman and Lilac and it provides a great place for either a neighborhood park or a private park. That's -- when we go into site design that is exactly what we are going to do, because we have got to come back and look at this Council and say, hey, we are transitioning, we have taken everything into consideration. This is a good plan and it fits perfectly. Do you have any questions? De Weerd: Council, do you have questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Becky, you talked about transitioning and, obviously, that's one of the many issues that the folks have with this and just spoke to one approach with open space. don't -- I don't know that without that being in a development agreement that that's something we can just take for granted. We don't know who ultimately is going to end up developing this property, but some way or another that needs to be enforced if that's, in fact, what we want to do. So, from my perspective I would need some kind of a concept of what that is and something that we can refer to in a development agreement to fix that. Meridian City Council May 6, 2014 Page 27 of 66 McKay: Councilman -- Rountree: And any other things that you suggest that might be ways that you have addressed some of these issues that are not necessarily evidence on paper that we have at this point in time. Because in my mind any of those items need to be in the development agreement if we move forward with this at all, because, like I said, we don't know who ultimately is going to develop this property. So, is that something that you or your client can agree to? McKay: Councilman Rountree, Madam Mayor, we have talked a lot about that and my clients have indicated that they are comfortable with some language in the development agreement that says, you know, appropriate transitioning -- transitioning adjacent to the existing estate residential, whether it be open space, whether it be, you know, lots -- single family lots, that that be a part of the plan and I think that staff has always expressed their desire to focus our future design on that issue, that, you know, we are going to be looking for some type of transitioning. We are going to be looking at how you interconnect the street, making sure that cut -through traffic -- it isn't more convenient to go from Waltman to Linder than it is to go out to the single intersection at Ten Mile and go out to the interchange or out to Franklin. We are willing to agree to some type of language. We are comfortable with that, sir. Rountree: Thank you. Madam Mayor. This is a far reaching question, but I'm asking you to reach into your crystal ball and give me some kind of a point in the future when something might happen on this parcel, assuming it moves forward. McKay: I think that's probably a question for Eric Davis. Rountree: For Eric? Okay. McKay: Because he's got his thumb on the pulse of the market a lot better than I do -- Rountree: Okay. McKay: -- and he has been working on large developments for a long time. Davis: Eric Davis. 199 North Capital, Suite 300. 1 think at this point I don't think we will see anything built until 2017, just based on the way retail -- if it's retail it would take at least that long to figure out -- do the market studies. We were having, you know, side bar conversations just today on it with brokers. I think it will be at least that long. Rountree: Okay. Thank you. De Weerd: Mr. Zaremba. Meridian City Council May 6, 2014 Page 28 of 66 Zaremba: Madam Mayor. If I may, a question for staff. A couple of questions have been raised and the point was made about all the effort that went into the Ten Mile area plan and I know it was a lot of effort and we had a lot of participation from people. I was involved in that as well and appreciate everybody's participation, but the plan does identify I will say that eastern area of the project that we are looking for as medium density residential and if you would -- we have two different overlapping definitions here, but what I'm asking the staff is if you would describe the relationship between medium density residential and the actual zoning of R-4 or TN -R and what are the relationships and compare the densities that those different terms mean if you would, please. Watters: Yes, Councilman Zaremba, Councilmen. Council Woman. The medium density residential land use designation is three to eight dwelling units per acre. That can be an R-4 or up to an R-8 zoning district. The TN -R district that's requested by the applicant is a minimum of eight and a maximum of 15 dwelling units per acre. There is a mix of land uses, as you can see varying residential densities designated on the eastern half of this property. The applicant is asking for TN -C, TN -R and R-8 districts that all allow residential uses and a mix of residential uses. There is a development agreement provision that staff is recommending that the property be developed in a manner that provides a transition in uses to adjacent residential properties. We will be looking at that when a preliminary plat comes in in the future to make sure that there is a transition in uses. There is also a development agreement provision number 4.1.6 that requires only residential uses to be developed in an R-8 district and a minimum of 95 residential units to be developed within the TN -R zone and a minimum of 300 residential units to be developed within the C -G and/or TN -C zones combined. So, although it doesn't have a straight out residential zoning district that the applicant is requesting, through the development agreement that staff and the Commission have recommended that, you know, guarantee for a certain amount of residential units. Hopefully that helps, Councilman Zaremba. Zaremba: I think so. Thank you. De Weerd: Any other -- Zaremba: Well, I would add a comment certainly we have some more discussion to have here, but I agree with Councilman Rountree that it -- if in some fashion this does move forward, the wording that would be in the development agreement I think needs to be a little bit more specific. The -- just mentioning that there will be transition that could end up being satisfied by a 15 foot landscape buffer, I believe, according to our rules. So, I would like to see at least the suggestion that the wording be added that -- that that transition will include open space or single family dwellings along these borders if, in fact, we do move forward. I'm just -- the issue, I'm sure as everybody knows, we -- we hear from developers that we know and they often describe wonderful projects that we are all thrilled with and, then, somehow before it happens they sell the property to somebody else who did not make those promises and if we don't have it in writing and very specific things get lost, so -- and this is no reflection on present company, but think we need to make sure that we are well covered in case this gets sold to somebody Meridian City Council May 6, 2014 Page 29 of 66 else and particularly those transitions are -- are iron glad, let me put it that way, and not just vague. And I will add there was a time when we wouldn't accept an annexation without having a plat and I realize we have kind of gotten away from that, but sometimes I think that's a little scary, too, not to have more definition before we approve things. De Weerd: Councilman Zaremba, that was my point that I was going to bring up. This -- this is indicative of an annexation request without a preliminary plat, which brings a lot of things into question, as well as the opportunity to capture much of that in the development agreement that is really applicable to annexation and it is where we get -- not the stick, maybe it's the carrot, but it is the assurance that certain things are going to be adhered to and it does give us that regulatory and the mechanism to make sure that those things do happen. I think the preliminary plat actually does give residents that will be living with whatever impact certain assurances as well and so this is -- this is the conundrum I think that Council is finding itself in, in particular with the lack of detail in what is being proposed. Any further questions from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Becky. Becky, the question was -- or the idea was brought forth of providing access to the school from -- from the development -- from the residential portion of the development. I don't know if that's been explored, if that's something that -- obviously that's a detail you may not have gotten down to, but is that something that the school would be open to? McKay: As far as -- Rountree: The eastern boundary. McKay: Oh, on the eastern boundary. I did walk back there. Their playground. I think they have a portable back there. I -- I don't -- we'd have to really look at it and see from a -- from their internal vehicular circulation if that would be possible to create -- you mean like a back way out to this neighborhood? We would have to, obviously, work with the school district to see if that's a viable option, but I know I saw a portable back there. They had like a fire gate. Rountree: Could be at least the minimum of a pedestrian -- McKay: It could be -- oh, it definitely pedestrian. Absolutely. Bird: Yeah. That's what they were talking about. McKay: Pedestrian at a minimum. Yes, sir. But, you know, the school likes to control how vehicles come into their site and how pedestrian interconnections are made. We Meridian City Council May 6, 2014 Page 30 of 66 would, obviously, have to get approval from Meridian School District and -- but I have -- we would have no objection of, you know, obviously, pursuing that. De Weerd: There is no vehicle access -- De Weerd: -- I believe in the area. We did a walk against drugs and we went out that direction. All of it is the activities in the front of the school. Rountree: Question about the existing surface transportation. Is that critical to this development or is that just to be directed by ACHD that the interconnectivity is required? McKay: Madam Mayor, Councilman Rountree, that -- that was dictated by your own plan, your staff, and Ada County Highway District. As far as the transportation, the primary roadways that we show, those match your transportation plan in that Ten Mile specific area plan. My recommendation would be that -- De Weerd: We can't hear you for some reason. McKay: I think it quit. Sorry. De Weerd: It timed out. Rountree: You broke it. McKay: Oh -oh. Send me a bill. How we make that connection would be, obviously, determined -- we would work with our traffic engineer, the architect and ACHD. I mean, you know, there are different ways to have vehicular interconnectivity. Some are beneficial and some may create issues. So, we would have to -- obviously, what I told the neighbors, you know, we would have to look at how that connection is made and guess at this time it would be premature, but ACHD I asked point blank what is the chance of the district having us isolate ourselves from that existing estate residential neighborhood. They said zero. We will require interconnectivity. We will demand it. But how it's done is to be determined. Rountree: Madam Mayor. Ryan is sitting over there looking like he's going to get away with something, so I have got a question for him. De Weerd: I'm sure he was hoping we didn't have questions. Ryan, is this something that the commission listened to? Head: Not at this point. De Weerd: Okay. If you will state your name for the record. Meridian City Council May 6, 2014 Page 31 of 66 Head: Ryan Head. Ada County Highway District. 3775 Adams Street, Garden City, Idaho. De Weerd: Thank you. Mr. Rountree. Rountree: A question on Waltman. It troubles me. I have a school situation similar to this in my neighborhood and I purposely do not get on the road between 8:30 and 9:30 but -- and I understand the situation. I'm concerned with Waltman particularly, because it is a -- substandard is not the correct word, it's the standard road for -- for this kind of development, but we are seeing this and have seen it recently with another development that was a rural county development that now has subdivisions connecting through it and the road doesn't have accommodations for pedestrians or bicyclists, it doesn't have accommodations particularly for pedestrians to school through its length. We all need to keep in mind that Linder is the only way in and out of this area right now and any other route that is opened up until we can get something going on the 5th Street -- it's going to be a busy road. People are going to use it. I don't know what the capacity is. I don't know what your rule of thumb for capacity is, but if the volumes out there are 3,000 vehicles a day it's probably getting pretty close to capacity for a rural, two lane road. So, I have an issue with what I would anticipate a fair amount of traffic utilizing that for community purposes, not necessarily for going to the commercial, but for getting access to Ten Mile and getting on the interstate to get out of that -- that section of land to the -- to the east of Linder as well. It probably would be very convenient to go through this area, as opposed to trying to get on Linder and out. Or if there is an accident on Linder it's the only way out, so I -- is there any -- well, will the commission have any thought with respect to improvements that might be needed on Waltman if this were to happen, I guess that's my question. De Weerd: And that was for your crystal ball. Rountree: Based on your experience with them. Head: To clarify, at this point Waltman has about 1,000 vehicles -- Rountree: A thousand per day. Okay. Head: So, you're talking 2,000, so -- at which we generally look at the peak hour, which is like 20 to 30 vehicles, but it usually happens off peak, so that is a bit of a challenge. And, really, this is not a unique challenge. It's indicative of placement of schools out on the fringes where it's very difficult for children to walk to and the result is that you end up with a lot of vehicles coming and going during -- during those hours. Even -- and realize that's not the only case there, because I live in the neighborhood with my kids' school and there is still plenty of people who drive their kids, unfortunately, to their school. Just the society in which we live. There are specific limitations to what we can require off site of the developer and that will be taken into consideration in what we can -- what the actual nexus to the development is and what that impact would be on that Meridian City Council May 6, 2014 Page 32 of 66 roadway. So, those are things -- our commission does take those into consideration, but there are specific limits that they have legally to what they can require on improving Waltman. Rountree: Thank you. De Weerd: Would not always drive their kids to school if they had safe routes to school, like off-road pathways and not -- and sidewalks. So, I guess just to also reiterate what Councilman Rountree has said, if ACHD is looking at connecting any development to the west of this existing area, that road has to be brought up to a standard that is safe and, you know, whether it's working with the developers in -- that is to the west and giving them impact fee payback if they were to do off-site improvements, but if you're going to connect a dense area to the west, that has to be brought up to a standard that is acceptable and I didn't really see that in your report. Head: Yeah. Madam Mayor, it is an interesting situation, because our -- you know, the city's -- the efforts we have gone to with the city in identifying the future of these roadways, the typologies or the function of the roadways does not identify as a collector roadway. However, in partnering with the city we have sought to create connectivity and it's been a desire in your comprehensive plan, it's something that -- and in partnering with you we tried to create. It alleviates some of the -- the greater impact and -- that tend to be at times less desirable when you get into the arterial roadways that they become overcrowded and that people will start to wonder why aren't we doing anything more and, then, you have a street like Fairview and streets that are far worse when you don't have alternatives. But those are the things that we will be looking at. It's a little bit hard, as you mentioned a few times, to talk into a crystal -- and look into a crystal ball here. We don't know what the development will look like. We will have a general idea based on zoning, but we won't know exactly and that's why, you know, our -- our staff comments were primarily geared towards the proposed roadways within the development, but beyond that we have limited comments in what we can actually say to the developer. De Weerd: But I guess that's the point. That's the point that we kind of marry this land use plan with the transportation agencies is to avoid maybe lessons that we have learned in the past and to -- to show those connectivity -- those connection points and what those impacts are going to be to those existing roadways and how to bring those up to standards that would be acceptable to new levels of traffic and certainly safety in this particular case with having the school there -- there has to be a plan. Head: There is a plan and ultimately where we are at this point in time and in working -- have already been in communication with your staff and looking for additional proposals and updates to our -- what's called our master street map and if that's something of interest to the city, we work pretty closely with the city to -- to designate roadways. But ultimately if it's meeting the standards of a local roadway and that's what it serves that, and the desires that it not change that, it will be hard for our commission to require a developer to make modifications beyond that. But if it's the desire that it become a Meridian City Council May 6, 2014 Page 33 of 66 collector roadway and provide the access differently, then, those standards would -- it would be easier for our commission to make those requirements, that it be brought up to the standards of the collector roadway, which includes your -- your on -street bike facilities or -- De Weerd: Off. Off street. Head: Or off street. However you -- we can consider those as we go forward. De Weerd: Additional questions for Ryan at this point from Council? Rountree: No. De Weerd: No? Thank you, Ryan. We know we will never kill the messenger. We will just give you a hard time. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a couple more comments and in musing a little bit about whether there should be a pedestrian connection on the east end into the school, the display that's up on the board right now, if I'm interpreting it correctly, the little street north of the school that says West Wingfell -- I'm sorry -- Pintail -- P -i -n -t -a -i -I. Pintail Drive. Just about where the cursor is it looks like there is a pedestrian connection from that street into the school area. De Weerd: I think it's a small drive, but it's -- it's not supposed to be there. Zaremba: I was going to say that clearly the school is in favor of having it -- De Weerd: A pathway. Zaremba: -- but I will add that -- that the school has accepted those kinds of things in other places and I think that's a good idea. The additional thought -- and, again, this same depiction that's in front of us -- I picture myself about 15 years ago. I sat in the audience like you people are in the old City Hall and was objecting to a proposed subdivision that had high density residential essentially in the middle of the square mile and my point at that time -- and I still believe is that the high density residential should be a little closer to the arterials and -- and the lower density in the middle. What we see in the upper here, which is the Ten Mile area plan depiction, is more like that. The high density residential is closer to Ten Mile than it is on the proposal that we see below that. I'm comfortable with the description of the R-8 and the TN -R and they do match what I was visualizing as medium density residential. The proposed TN -C to me is high density residential and if you compare these two, assuming they are to the same scale, the high density residential has crept to the east considerably and to me is getting Meridian City Council May 6, 2014 Page 34 of 66 farther and farther away from the arterial. So, I guess what I'm saying is I would -- don't have that much objection to the C -G that's being asked for or the TN -R or the T-8 -- or the R-8, but I'm struggling with the TN -C, which I -- I think should be move west if it's going to exist at all and that will alleviate some of the traffic problems. As for connectivity of the roads, there will be an issue of probably needing to upgrade Waltman. That may be true anyhow. The advantage of the connectivity is -- it kind of goes both ways. Yes, it brings more people through the neighborhood, but it also allows the existing people another way out and this area that has been an area that's been very uncomfortable for me for some time. We generally -- when you have only one way in and one way out, such as Linder at the moment, which doesn't connect over to the interstate, you -- the way in and out of this subdivision is only north on Linder. That's very similar -- it functions like a cul-de-sac and our rules are you can't have more than 50 dwellings on a cul-de-sac. We have not applied that to Linder, but the reason for that is public safety. Being able to get fire trucks and police in and out of there and I will have to say as far as transportation, I feel having the connectivity of the roadway to the west is a safety issue that does need to happen. The result of that is going to be that -- that something will need to happen on Waltman, but -- I guess what I'm looking for is to say there are elements of this proposal that I think match what we were originally -- what was worked through with the Ten Mile area plan. The roadway. R-8. The C -G works for me. The TN -R. I am struggling with the TN -C. I would rather see that move a little farther west and be replaced with either more TN -R or R-8. And, then, also agree with -- if we are going to do this that the development agreement should be more specific about what the transition is going to be between the new neighborhoods and the existing neighborhoods. De Weerd: Okay. Zaremba: One person's thought. De Weerd: Thank you. Any other questions from Council for the applicant? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Becky? It was mentioned several times about a barrier or a fence or something around the development. I suspect there is something contemplated. Not asking you specifically, but will there be such a fence or potentially landscaping or whatever? McKay: Councilman Rountree, Madam Mayor, I don't think I had any development where we haven't had an exterior fence and what type of fence varies from project to project. Typically when we are adjoining estate residential they want a sight obscuring type fence. So, I think, you know, appropriate exterior fencing is reasonable and is standard in our industry. If -- if we had open space would you want us to fence it off, though? I mean -- you know, I'm not talking the 15 foot like Councilman indicated, but I Meridian City Council May 6, 2014 Page 35 of 66 mean usable -- if there were usable open space that adjoined it, I don't think you would want to fence it off from their neighborhood. I don't know. Rountree: No. De Weerd: I think that's a requirement that the subdivisions are fenced and in particular if there is livestock you're going to have to assure that it's a different kind of fencing. It can't be vinyl. It can't be wood. It has to be something that animals can't get through. McKay: Yes, Madam Mayor. If we do have adjoining pastures we do have to provide some type of fencing that can handle animals and, you're right, vinyl is not one of them. De Weerd: Because they like to chew. McKay: Yeah. So, we always coordinate with the adjoining neighbors on the fencing. Especially if there are existing pastures. Even if I have homes I will typically -- and we are going to replace fencing or add fencing where there has never been fencing. We ask them what would you like to see and we coordinate with them. Typically the developers go along with that recommendation. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Again, this is a little difficult without really discussing a plat, but do you have a concept -- I'm looking specifically at the south end of the TN -R zone, which borders Waltman, and my question -- I'm thinking if I were designing it I probably would put houses there that access Waltman. So, that kind of negates putting a fence across that piece of your border anyhow. I mean do you have any -- I know you mentioned maybe it's open space. McKay: Madam Mayor, Councilman -- Zaremba: If there were either one of those you wouldn't want a fence there. McKay: Yes. We did that over on Jericho Street, because in that particular incident the estate residential lots said we don't want to be partitioned off from your neighborhood, but we want you to embrace our neighborhood. So, we did front larger lots along Jericho that were directly across from them and, then, we had our -- in our development transition to the higher density within that interior and that worked -- it has not been built, but it is going to be built this year and it worked well. It basically married two developments together. So, I mean nothing can be done on this particular piece of property until we bring forth a specific plan and a plat and all of these issues that have been brought up were obviously in the record and we have our development agreement, which I have faith in the Council and the staff that they are going to include provisions that protect the city and protect this neighborhood and all of these desires Meridian City Council May 6, 2014 Page 36 of 66 are going to have to be reflected in that plat and that plan and we have been working on different plans, it's just -- it takes a long time and, obviously, with these other projects moving forward some of these streets have to be dedicated, because the rotaries are shared between Brighton and this particular development. So, that has prompted this application at this time. Zaremba: So, on the other element -- and, again, I'm going by instinct, not necessarily -- I'm not an engineer. And I know you have put a lot of thought into this. But is there a -- is there any chance of moving the denser TN -C area more to the west and maybe expanding either the TN -R or the -- or the R-8 into that area? McKay: Councilman Zaremba, Madam Mayor, what -- what they were looking at the -- the type of development they had a target for a specific size and in working with Eric Davis, one of the things that we were balancing was the transportation network and how -- to make sure we complied with the Ten Mile transportation plan, but yet achieve the goal of a certain amount of C -G property to, obviously, attract the development that we want, the tenants that we want. You -- I mean it's obviously within the Council's purview. You could extend the -- the TN -R over, you know, and that's it. You could do something like that. You could -- I mean there -- there are multiple options that are available that could be done this evening to accommodate that, if you felt that, well, gee, we don't want to put that TN -C right against them. Let's have an L to that TN -R. Zaremba: That works for me. McKay: That's possibly doable. De Weerd: Mr. Bird. Zaremba: One man's opinion, but that would be more comfortable to me. De Weerd: Mr. Bird. Bird: Becky, I would agree with that. Is there any -- and I realize why you got TN -C in there, but there is any way we could replace that with TN -R -- have that whole area TN -R? McKay: You mean right there at the south end of -- Bird: Yeah. Get rid of the TN -C altogether. McKay: Just kind of segregate it? Bird: Yeah. Right there. McKay: I guess -- I guess that's a question for Eric. I, obviously, can't make that commitment. Meridian City Council May 6, 2014 Page 37 of 66 Bird: That's just a question just of that area. De Weerd: Council, I don't know, do we want to sit up here and design a development or -- Bird: I don't want to design it. I don't want to design it, I just want a question answered. Davis: This -- Eric Davis. 199 North Capital. Suite 300. Yeah. We are kind of struggling with density and the number of dwelling units. Our -- our first choice was commercial and, then, respective of this addition, we have selected these two zones, because we thought that was accomplishing that. In retrospect in listening tonight, you know, we can -- we can agree to -- through the development agreement, reduce the densities along that southern line, the TN -R and the TN -C to something that's more compatible with the -- even if it's R-8. And so that the residential component of that -- what's built in that would be of a lower density. You know, we were just -- we are -- our main focus has been commercial and, then, to respect the fact that, you know, if -- you know, perfect world, you work here and you can ride your bike and walk over and live there. So, staff would say let's keep enough dwelling units close to this big project. If it's high density employment, let's be able to live -- live there where you work. So, you know, that's -- it's a balancing act really and it really won't play out until we have a final plat and a plan and probably bring a residential developer into the mix. But we are certainly willing to agree to some language in a development agreement that would reduce the density at that -- all along that property line on Waltman and the residential, so-- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would thank you for that openness and I just wanted to comment that I understand that we handed you some challenges when we made the changes on the property to the south of you and I'm not looking for that to penalize you guys, that's not fair, but we do need to take into consideration that we changed the ballpark a little bit when we changed that agreement and need to understand what that does to you as well. So, I think if we can work that kind of language in -- I'm not sure we have heard from everybody yet and I would be willing to, but I would lean towards asking staff to rework the development agreement a little bit and perhaps continuing this to another meeting so that we could see that. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Given our past actions with respect to transition, we have always tried to buffer large lot subdivisions with progressively scaled down lot sizes. An R -2/R-4, Meridian City Council May 6, 2014 Page 38 of 66 R -4/R-8, and I'd like to see that continue with this in terms of transition and -- and see the area where we do butt the existing rural neighborhood where we have it be R-8, knowing full well when it gets platted that we would anticipate those lots adjacent to the larger lots in the rural community would be larger lots in a subdivision. I'd like to see the R-8 piece extended to the south. I'd also like to have a concept of identified open space, so we don't lose that as a buffer, because that's -- that's another approach we have used to buffer and keep the hearing open until we see something like that and some language change in the development agreement that keeps this on track here. That does not take away my concern for Waltman. I think at some point in time when we see what's going to happen out here -- keep in mind that even if we annex this property it doesn't mean it's going to happen and it would have to go through multiple hoops yet to get development to occur and multiple opportunities to be consulted and multiple opportunities for us to try to make it what we anticipated in the Ten Mile plan. So, I agree with Councilman Zaremba that let's get some additional information and keep the hearing open until we get that and, then, take -- take an action. De Weerd: Before you make a motion, if we could ask the applicant to, please, would work with ACHD and get an answer on what the plan is for Waltman and as it connects how they are going to insure that that rural designed road is capable of safety aspects and traffic aspects with that school there. McKay: I think -- I think I can answer that question, because the Ada County Highway District commission just two weeks ago talked about how -- how to handle these rural residential roadways. I believe what they indicated is they have a budget item where they earmark dollars for safe routes to schools and that money may be tapped to improve pedestrian access, widen streets, create off-street parking along these roadways. De Weerd: Well, if we can insure that that's going to be part of their staff report that's part of our findings and our development agreement, that's great. But you know -- and certainly, Ryan, if you can take that back. Those are the kind of things that we need to see is a certainty and I appreciate that they are moving that direction, we just want to be able to capture it. McKay: Yes, ma'am. And I would encourage -- like on future school sites that you guys look at drop-off lanes like we did at Bridgetower to create an alternative for the vehicles and the parents that are insistent on driving their children to school versus allowing them to walk, because it works very well and that is the only school that has it and we had to push to get them to accept it and I think it's a great idea. De Weerd: I think it's a great idea, but it hasn't worked all that well. McKay: It provides an alternative. De Weerd: Yeah. Meridian City Council May 6, 2014 Page 39 of 66 Bird: Better than the middle school. De Weerd: Any other -- any other discussion from Council before I call on Mr. Rountree? Rountree: Oh, thank you. Milam: Madam Mayor, I do have a question. De Weerd: Mrs. Milam. Milam: And it's regarding the -- Waltman and some of the concerns brought up by the residents was that their road is widened, which it should be, to provide sidewalks and everything else, they are going to lose property and it's going to cut into their wells or it's going to be an expense. Is there any way to address this at this time or does that have to wait until the road is actually widened and happening? De Weerd: I hate to say that's why we are not the road department, but -- that was for your benefit, Ryan. That's all -- all the things that need to be considered as -- as they look at the transition from these rural roads to collectors and it has to connect. Milam: As far as the annexation and zoning, before we make this decision there is no way to work on that, that's going to come later -- is that just kind of a question out there for an unknown time until they actually stake the roads later or is that what they are going to bring back to us? De Weerd: Usually those things are all determined as they purchase right of way and see what -- what specific issues there are to it. McKay: Madam Mayor, I think I can answer that question. De Weerd: Good. McKay: There is ample right of way currently on Waltman and that is a grid -- there are north -south streets that connect and, then, there is another loop street that goes back to Linder. But I did look at existing right of way and I -- I think it's either 50 or 60 feet within -- with 50 feet of right of way they can build a full urban street section, so based on what right of way was already platted I think they can make it work with what they have. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no further discussion, I'd first like to say hello and good evening to a number of friends and acquaintances in the audience. We have spent some time raising our kids together in the past and it's good to see you again. Having said that, Meridian City Council May 6, 2014 Page 40 of 66 Madam Mayor, I move that we continue this public hearing and ask the staff to put a finer fine point on some of the development agreement conditions with respect to open space and zoning and ask the developer and staff to take a look -- a better look at the transition between the rural neighborhood and the TN -R and TN -C area of this development and identify open space. Also working with ACHD to get a handle on what might occur in the future and -- anything else that I'm missing? I think those are the points that need addressing. Zaremba: Second and discussion, please. De Weerd: Okay. Zaremba: I did not hear the maker of the motion mention a date certain. I would suggest that it be Wednesday, the 21st, which is -- we have a meeting next week, but normally don't have public hearings on that meeting. It's a workshop during the day. On the 20th is actually an election day, so that we don't have our meeting on that Tuesday, we move it to Wednesday, and I'm suggesting the date certain to continue this to would be Wednesday, May 21st. Rountree: The maker of the motion agrees. De Weerd: Okay. Zaremba: Second agrees. De Weerd: Okay. I have a motion and a second to continue this item to May 21st. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I was going to add to Councilman Rountree's list the pedestrian connectivity to the school site. This is one of the items as well. Zaremba: Thank you. Borton: And, then, within the development agreement there is language with regards -- it's all over -- all over with regards to the Ten Mile area specific plan. That's kind of loosely vague and wiggly. If you could -- with that direction change that language -- Section 4.1.4 and the other -- the components that address how that plan is applied to the C -G and the TN -C, try and put a little more teeth into the obligations of the ultimate developer to comply with that Ten Mile area plan. Watters: Madam Mayor, Councilman Borton, is the Council asking for a concept plan or not? It's loose because there is no concept plan. It's very hard to write a development Meridian City Council May 6, 2014 Page 41 of 66 agreement with provisions when there is not a plan to it. So, if you have some suggestions I would be happy to hear them. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Thanks, Sonya, because it seems like we wanted -- we want to draw up the concept plans, too, in our deal. That's something that comes before us when we do get the concept plans or the zoning. So, all they are asking for is annexation and zoning and we are putting off for two weeks. I -- and we got some things we need to, but I don't -- I don't believe we need to have a concept plan, unless they'd like to get one to us. Watters: Okay. Bird: It's on the preliminary plat -- Watters: Madam Mayor, I would suggest that maybe we put it off another week until possibly the 27th to allow staff time to meet with the applicant and them adequate time to meet with their client to maybe address some of Council's concerns, if you feel it appropriate. De Weerd: Well -- and there needs to be adequate time, too, for the residents to see what is coming back to Council, so -- does that -- there is a lot to be done. I heard it doesn't get developed until 2017. We got years. Zaremba: That can go by in a minute. De Weerd: I'm sorry, Eric, you said it. And I was listening. Watters: And Madam Mayor, Councilman Borton, if I might add. Those provisions you referenced in 4.1.4, those are taken out of the Ten Mile plan. Regardless of whether they are in the development agreement or not, they still do apply. When we get a development plan in, that will be evaluated in accord with our Ten Mile plan. So, if you have suggestions of, you know, anything more or that may be more restrictive than the plan you would like to put in, please direct staff with such. Borton: Okay. De Weerd: Well, the motion is to continue this to May 21st. If it needs to be extended and -- we can note it -- Zaremba: Madam Mayor? De Weerd: -- on our website and also -- Meridian City Council May 6, 2014 Page 42 of 66 Zaremba: There may be a provision to amend the motion. Can we do that, Mr. Nary? De Weerd: Yes. Nary: Yes, you can. De Weerd: We haven't voted. Rountree: You can make a second motion. Zaremba: Uh? Rountree: You can make a second motion. De Weerd: You can do whatever you want. I haven't asked for the vote yet. Zaremba: The motion was very detailed and I would just amend it to make the date certain the 27th, instead of the 21 st, and leave the rest of the motion in place. De Weerd: We could ask the motion maker if he wants to make it the 27th. Rountree: I can agree to that based on staffs recommendation. Watters: Madam Mayor, the applicant just informed me that she had a meeting elsewhere that night, so that won't work for them. Bird: We will have to do it in June. De Weerd: Well, then, June 3rd. Okay. How about that, motion maker? Rountree: Madam Mayor. De Weerd: I'm just trying to help this meeting along. Rountree: Make my motion to continue this hearing until June 3rd, 2014, with staff and applicant moving forward with what was previously discussed at this meeting. Zaremba: Second agrees. De Weerd: Okay. We have a motion. Further discussion? Borton: Madam Mayor? Rountree: Come on, Joe. De Weerd: Mr. Borton. Meridian City Council May 6, 2014 Page 43 of 66 Borton: I'm not changing the motion. I just want to -- just want to point out and appreciate the applicant's participation in this process and the public participation in particular. It seems like at least tonight it's been extremely reasonable and accommodating to try and create a solution. That's not always the case. So, appreciate that quite a bit. As well as the written testimony that was provided -- is it Mr. Telliho? On the back in particular. So, thank you for providing that in the letter. So, think they are helpful for us. Rountree: I agree. De Weerd: Okay. I would like to thank both parties as well. The applicant and the neighbors. I didn't hear any -- anyone saying we don't want to figure out how to work it out and we appreciate that, so -- with that said -- all those in favor of continuing this to June 3rd with the provision as -- as provided in the original motion please say aye. Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Okay. Thank you. Thank you all. E. Public Hearing: PP 14-004 Biltmore Subdivision by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Preliminary Plat Approval Consisting of 159 Single Family Residential Building Lots and Twelve (12) Common/Other Lots on 56.19 Acres of Land in an R-4 Zoning District De Weerd: Item 7-E is a public hearing on PP 14-004. 1 will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a preliminary plat. This site consists of 56.19 acres of land, currently zoned R-4 and is located south of West Victory Road and west of South Meridian Road. This property was recently annexed with the Victory South Category B annexation and the provision of the declaration of consent to annexation, this property is not allowed to receive development approval until such time as the property owner and the city execute a development agreement. The applicant is proposing a preliminary plat consisting of 159 single family residential building lots and 12 common lots on 56.19 acres of land in an R-4 zoning district. The minimum lot size proposed is 8,640 square feet, with an average lot size of 11,020 square feet. The gross density proposed is 2.83 dwelling units per acre, consistent with the low density residential future land use map designation for this site. The plat is proposed to develop in five phases as shown. There are three existing homes and accessory structures on this site that are proposed to be removed. Access is proposed on the plat via South Kentucky Way, a collector street in Kentucky Ridge Estates. This is the main street you can see going through the Meridian City Council May 6, 2014 Page 44 of 66 site. Access is also proposed from the east via south Carbondale Place, a local street in Meridian Heights Subdivision and from the southeast by Harris Street, a collector street here that goes out to Meridian Road. Stub streets are proposed to the west and north for future extension and interconnectivity. An approximate 300 foot long section of the Williams pipeline -- natural gas pipeline crosses the southwest corner of the site within a 75 foot wide easement. All development within this area shall comply with the Williams gas pipeline developers handbook. An encroachment permit is required for any development or improvements within the pipeline easement. That is here as you can see right across the southwest corner there. The Sundial Lateral runs off site along the west boundary of the property. The applicant proposes 10.2 percent or 5.73 acres of qualified open space on the site consisting of a 1.5 acre park centrally located there. A .2 acre pocket park. Subsurface drainage areas, pathways, street buffers along collector streets and parkways along local and collector streets in accord with UDC standards. A tot lot with a play structure, a half basketball court and a segment of the city's regional pathway system are proposed as amenities in accord with UDC standards. A regional pathway is proposed along the southwest corner of this site within the pipeline easement. There are a couple of blocks -- Blocks 4 and 5 here that exceed the maximum block length standards. To mitigate the long blocks staff is recommending pedestrian pathways are added centrally within these lots as allowed by the UDC to provide a more direct pedestrian access to the park. The applicant has submitted conceptual building elevations as shown for future homes within this development. The Commission recommended approval of this subject preliminary plat with a development agreement. Becky McKay testified in favor of the application. Bill Hansen testified in opposition. Tamara Hamilton, Val Hill, and Fred Tillman commented on the application. Written testimony was received from Becky McKay, the applicant's representative, and Mark and Christine Freeman. And key issues of discussion by the Commission were the traffic impacts on South Kentucky Way and the timing for a traffic signal at the Harris Street and Meridian Road intersection and connection to South Carbondale Place, the stub street, cul-de-sac in Meridian Heights Subdivision at the northeast corner of the site. You can see there. The Commission changed staff recommendation as follows: They recommended modification of Condition 1.1.E -- 1 E. Excuse me. To allow the existing home in phase two to remain until signature on the second phase final plat by the city engineer. Second change of the modification to Condition 1.1.8 to allow for ditches to remain open if used as a water amenity or linear open space in accord with UDC 11 -3A -6A. Lastly, add new conditions requiring the applicant to install a water main through the common lot required for the micropath in the vicinity of Lot 9, Block 9, to connect into the water main required in the proposed Revolution Ridge Subdivision to the north and include an easement on the plat for the water main. And that is right around here in this vicinity. There are no outstanding issues for Council. Written testimony has been received from the Kentucky Ridge homeowners association since the Commission hearing. Staff will stand for any questions Mayor and Council may have. De Weerd: Council, questions at this time? Bird: I have none, Mayor. Meridian City Council May 6, 2014 Page 45 of 66 De Weerd: No questions at this point? Is the applicant here? McKay: Madam Mayor, Members of the Council, Becky McKay. Engineering Solutions. 1029 North Rosario, Meridian. I'm representing LC Development on this particular application. I feel like I'm running a marathon tonight. Thought you guys would take a break. As you well know, it's been a long road to get to this point and we feel fortunate that through participation with city and the Meridian Heights Sewer and Water District and Mr. Centers that we have reached this point. What's before you this evening is the -- approximately 56 -- the lower 56 acres that Mr. Centers owns that adjoins Kentucky Ridge Development and Kentucky Way. We have extended the sewer and the water from Victory Road. Up to the northeast corner of this 56 acres and it will be extended into this particular project. We will also be connecting over to Carbondale. There is an existing cul-de-sac. However, the right of way does extend to our east boundary and it was at the direction of Ada County Highway District that we make a vehicular connection there. Harris Street currently terminates -- Harris Street currently terminates -- it comes off Meridian Road, it is a half plus 12 collector roadway, with a future signalized intersection at the half mile, which also aligns with Cavanaugh Ridge. They were going to extend and match the Harris Street. Obviously, we don't meet the east - west warrants at this juncture, so it's going to be down the road. We have stubbed to the west and we will extend Harris Street as a collector roadway along our south boundary and Mr. Centers is now under ownership of the property to the south of Harris, so, then, we will swing Harris Street on south and westward eventually over to Linder Road. Now, the master street map for Ada County Highway District, your Comprehensive Plan indicates that Kentucky Way is a collector and Harris is a collector. Now, there are some homes that front on Kentucky Way and when it was done in 1995 we had what we called residential collectors, which even though they were a collector status they were allowed to have minimal front -on housing and that's what we have there. In looking at the design, one of the things that I was cognizant of was, okay, connecting to Kentucky Way what can we do to slow our traffic down. So, it's what we -- one of the measures that -- that we took was to come in with an island where we make that connection, so that we choke that 36 back-to-back collector down to 21 back- to-back on each side of the island. Those islands they create a sense of place, so people will know that they are transitioning into a different development. Also will slow the traffic. We added additional landscaping along that -- that entrance road so we can do some nice entryway features, but also that landscaping and detached sidewalks will create a sense that this is a neighborhood, you need to slow down. We didn't want to make a street connection to Kentucky Way, so we angled that collector roadway and we T'd it in with Harris and, then, when I designed the property to the south I anticipate probably doing a little bit of an offset and so that we have that north -south collector interconnectivity between Amity and Victory, but that it's not a thoroughfare created kind of a de facto arterial. We are doing the same thing when we extend Harris, we are dropping it to the south and, then, I'm going to T in from Linder creating the same atmosphere, because we don't want the traffic or the people -- the vehicles to think that these are a collector like Stoddard, but the fact that they are a neighborhood collector. We created loop streets. We have our primary open space along the collector in the Meridian City Council May 6, 2014 Page 46 of 66 mid section of this particular project. We will have playground equipment and benches and landscaping. As far as our lot sizes we are cognizant of the fact that it was important for the City Council when I brought through the annexation that the lots that adjoin Kentucky Ridge be a minimum of 10,000 square feet. So, when I designed this there are no lots under 10,000 square feet that adjoin Kentucky Ridge. They are all over. I also took measures to drop this street down, so that the lots where houses aren't all in alignment, but we have offsetting homes and create more backyard. So, I put my deeper lots there. I used this knuckle here so that we are not stacking a whole row of lots adjoining Kentucky Ridge, but putting those lots back. So, you know, we have taken into consideration what's existing and how can we match into it. In comparison to Kentucky Ridge as far as the density, our density is 3.56 dwelling units per acre. They are at 3.81. Meridian Heights is at 4.8. So, we are the lowest as far as the density is concerned. Our minimum lot size -- we have no lots under 8,600 and our average lot size is over 11,000 square feet. We feel that this is a great development. It's going to have detached walks with landscaping. We have the pipe -- Williams pipeline that traverses the southwest corner. We will construct the multi -use pathway and the greenbelt. That will be the first leg of that in this particular section. We are working with the city, the Public Works Department, as far as a well site and we have identified a well site adjoining Harris Street. We have prepared exhibits and we are working on a lease agreement so the paperwork can begin at Idaho Department of Water Resources. Mr. Centers obviously has participated in extensions of these utilities and he has participated to close to 800,000 dollars to -- for the hook-up fees for Kentucky Ridge and Meridian Heights, so that we could, obviously, bring this area into the city and onto central services and so as far as financial participation, he has gone above and beyond any developer that I have ever worked for in trying to make sure that his development not only benefits himself, but benefits the community as a whole. Do you have any questions that I could answer? De Weerd: Council, any questions at this time? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What's the phasing of construction of the open space, the park and the connection to Harris Street? McKay: Madam Chairman -- or Madam Mayor and Councilman Rountree, phase one will be this area here. I believe we have approximately 29 lots. It's a small phase. We will extend Harris, come in, make that Carbondale connection. Right now there is one way in to Kentucky Ridge and that's Kentucky Way. So, this will create a secondary access for this -- this area. We will also be stubbing to Mr. Hansen's property at this location. Second phase will be an additional extension of the collector roadway and it will be this area here. I have at this time the primary open space in phase three. So, Meridian City Council May 6, 2014 Page 47 of 66 the extension of Harris and the connection of Kentucky Way to Harris and our primary open space will be in phase three and so phase one and two they are both small phases and, obviously, based on the pace of the market at this time phase three could come upon us faster than we anticipate. Last phases will be phase four and phase five on the west side. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Becky, did you have the opportunity to see the written submission of the Kentucky Ridge homeowners association that was sent in? McKay: I saw some information that was sent to the Ada County Highway District commission. I did read through it. Bird: This is ACHD and Meridian City Council, so you -- McKay: Yes, I did. Bird: Okay. Just wanted to make sure you have seen it and you address the issues. McKay: Thank you. Bird: Thank you. De Weerd: I guess what came up in an earlier application is the need for a collector in this area and there is concern again similar to the previous application about connecting through roadways that weren't necessarily designed for the kind of traffic that now all of a sudden it's having in particular in these county subs that have no curb, gutter and sidewalk. Since you're not doing Harris Street until the third phase, you are going to be impacting the South Kentucky Way I think it was and wanted to know if you will be doing any improvements on that to help with the safety in that area and what -- what plans, if any, you have discussed with that HOA. McKay: Madam Mayor, to answer your questions, this -- this was discussed at length before the Ada County Highway District commission here just a -- just a few weeks ago. gave them the history. I was around when Kentucky Ridge came through in 1995 as a county subdivision connecting to their community water system and their existing sewer lagoons. Mike Preston was the applicant, the engineer, and there was discussion about Stoddard should be aligned with and that would be the collector roadway coming into this particular section. Mr. Preston made an argument that based on Victory roadway, the curve that is to the east, there was an existing home there that Mr. Sabala's mother- in-law or something, they did not want the road -- the collector roadway to go by her house, so the county and the Ada County Highway District went ahead and moved that collector roadway to the location that Kentucky Way is right now and since your 2001 Meridian City Council May 6, 2014 Page 48 of 66 Comprehensive Plan it has been shown as the mid mile collector that would go from Victory to Amity and every comp plan -- because I went and I looked back before I went to the ACHD commission, every comp plan since that 2000 1 believe '1 shows it and when Ada County Highway District did their master street map they showed it. COMPASS map, checked that one, it's shown as a collector. It was known from that day that road was built that it would be a collector roadway into the interior of this section, because you have the Ridenbaugh Canal that runs parallel with Victory and, then, crosses it diagonally. Now, Ada County Highway District staff -- we also did a traffic study. We had used Six Mile Engineers, who ACHD uses, to do a lot of the work for themselves. Highly respected. I sent them an e-mail and it said I want you to look at these issues, the safety of Kentucky Way, the grade, the site distance, the number of vehicles. These are the concerns that were expressed at my neighborhood meeting. had two neighborhood meetings. Six Mile came back to me and said there are no issues with Kentucky Way. It is well under its capacity. ACHD staff indicated that it's there like, what, handful -- it's a handful of trips on it at this time and that it doesn't warrant any widening. Obviously, they promised the neighbors -- they said with the new middle school going in on Stoddard -- I guess the bond issue is going to take place here shortly, we could get Kentucky Way on our list as far as improving access to school and go in and do some improvements to it. But as far as off-site improvements, the numbers do not support it. It has the capacity, I believe ACHD said, of 5,000 vehicle trips per day and it's well under a thousand. Revolution Ridge will put more traffic on Kentucky Way than we will, because we have alternative points of access to Carbondale, which leads out to Meridian Road and to Harris, which also leads out to Meridian Road. So, when the ACHD commission looked at it they said based on the policy manual it isn't even at a local street threshold, so there are no safety issues. There are no existing problems. So, we cannot make Mr. Centers improve it when it's not warranted. De Weerd: Do they only look at safety of cars? I mean there is something that needs to be said about safety of pedestrians and bicyclists and you brought up the point that the middle school will be built at some point. I don't know if the bond passes this time, sooner rather than later, but it is going to be built and will be, by approving this, you know that those kids are not going to go out on Harris and walk down a busy freeway to, then, go over to Stoddard and walk to the middle school. They are going to walk down South Kentucky Way to get to school and I can't see how ACHD can say South Kentucky Way will be safe for pedestrians and bicyclists when there is no curb or gutter or sidewalk. McKay: Madam Mayor, what Ada County Highway district commissioners indicated to me was that the developer of Revolution Ridge agreed to construct sidewalk on the east side of Kentucky Way. De Weerd: From their point of entry on down, but that doesn't bring it clear to where your development will be started, does it? Meridian City Council May 6, 2014 Page 49 of 66 McKay: Yes. I believe there is existing sidewalk on the south portion. The lack of sidewalk is only on that north leg. Bird: It's on the west side, too. McKay: Yeah. Bird: We didn't -- we did not make them do that. McKay: And I guess the problem that we run into is a design issue, Madam Mayor. De Weerd: Uh-huh. McKay: When these sections -- when these streets are designed as a rural section, the drainage just sheds off from the crown and goes into like gassy swales, borrow ditches, whatever the case may be. If you construct curb, gutter and sidewalk, then, you have to put that drainage in some type of drop inlet, sand and grease trap, and pipe it somewhere. So, to go in and retrofit it is only almost impossible as a private entity to go retrofit these, because where do you put the drainage, because your property may be uphill, as Mr. Centers is. Ada County Highway District, however, they have the ability, because they will make improvements to Victory over time. It is in the CIP to make improvements to it, then, they can create some storm drain facilities, which, then, will facilitate the curb and gutter on that north leg of Kentucky Way. I have some photographs that -- oh. I will grab them and bring them to rebuttal. They are in my file. De Weerd: Okay. McKay: And I do have them electronically, too. I took them to the Commission meeting. De Weerd: If you can get them to Sonya, then, we can show them on the overhead when you come up. Any other questions for Becky at this time? Rountree: No. Thank you. De Weerd: I'm sure there were people that were signed up, but I will ask you whoever wants to testify come on up. Madam Clerk, do we have a sign-up sheet? I think the sign-up sheet disappeared with someone's paperwork, so we are casual. Come on up when -- and you're the HOA -- Hamilton: I am Tamera Hamilton and I -- I am the HOA president for Kentucky Ridge Estates. De Weerd: Okay. Thank you. Meridian City Council May 6, 2014 Page 50 of 66 Hamilton: My address is 3496 South Arcaro. First of all, we would like to thank Biltmore for having those two neighborhood meetings. It really did help ease our minds. However, we do have a couple of more suggestions and we would like to present those to you all tonight. Kentucky Way is going to be Biltmore Estates main entrance and exit until phase three, as she -- as Becky had mentioned and to our knowledge initially when we asked how long the phases will take to be built she did indicate that they could be a year or longer, which means if -- if that is true that it will be three plus years before they actually have their own entrance and park area and to us simply because the -- the existing road that is Kentucky Way out to Victory, you can see that right now it's just grass and fencing and as she mentioned Revolution Ridge has -- has promised to build sidewalks from this sidewalk here on Kentucky Way that's very close to Riodosa and so it will continue on around this curve to meet up with Victory. Our -- our primary concern is we don't feel that that is enough to make it safe for our pedestrians. It will be an off- road sidewalk, but I believe adding curb and gutter will also make that a bit more safe, it will guarantee that the drivers will know exactly where the road is and not veer off possibly to a sidewalk when we do get snow and that has happened where people have hit our fence before, which seems rather hard to believe, but it has happened. We also feel like that these subdivisions that are coming in, as long as they are willing to work with us, we are willing to make compromises, but we feel like safety is not one of those compromises that we should make, especially when it comes to our children and people that will access those sidewalks. And as she also mentioned there will be a vote come May 20th for the new middle school that will make us within walking distance of the school and right now it is not safe. Victory is not safe. It does have borrow ditches on both sides of Victory and so we are concerned that, yes, ACHD will come in where needed to hopefully build a proper sidewalk and curb and gutter to assure our children's safety there, but we also need that assurance within our neighborhood and we feel like these subdivisions that are coming in, although we are not opposed to development, should help and improve those roads, because they will be using them primarily for the first three years and we feel that the taxpayer dollars should be utilized later on when it becomes necessary that those curb and gutters should have been done in the first place. Like I said, our primary focus is safety and so by -- by adding the curb and gutter will help would with our children's safety, as well as any pedestrian that's utilizing the sidewalk. If -- if you decide that that's not the course of action that you would like them to take, we would propose that -- that their entrance be built in phase one at the very latest phase two. I think we would still provide connectivity, which is what ACHD wants and we would all like as well, but it does reduce the traffic on Kentucky Way and -- and make -- just makes it safer for our park, our children that are walking to school, and also driveways that empty out onto Kentucky Way. As you can see, the differences between Biltmore and Strada Bellissima, we feel that Biltmore, the way it's designed, although it's a nice sweeping curve, still will feel like a thoroughfare versus if you use a T intersection, such as they use at Strada Bellissima, it has a better impact of slowing and calming that traffic versus an island. This would also give them a chance to put a small signage, rather than a larger sign to enter into Biltmore Subdivision. It -- it just has a better -- I think I have gone through neighborhoods that have a T intersection and they definitely make you slow down. You don't -- you can't just zoom through or go around an island easily, you have to maybe stop and make the turn or know where you're Meridian City Council May 6, 2014 Page 51 of 66 going. So, our request is that you keep our neighborhood safe and keep all the suggestions that may be used in Kentucky Way. It sounds like it could be quite a few school children by the time these subdivisions are built out and I think it's important that we keep those things in line. He would love to see a change of Kentucky Way and have that traffic truly calmed with a T intersection or something like it and, then, we feel that today is the best time to take into consideration future changes that will happen to our city and we need your protection and oversight. Thank you. De Weerd: Thank you. Council, any questions? Thank you. Any other public testimony? Fisch: Good evening. De Weerd: If you will state your name and address for the record. Fisch: Rick Fisch. 3378 South Kentucky Way. De Weerd: Thank you. Fisch: Madam Mayor, Members of the Council, I just wanted to make a point of clarifying that in the resolution -- I don't know if it's a resolution -- a motion that was passed at the ACHD meeting, the Commissioner Jaurena did have a strong concern about improvement of Kentucky Way and I think that was included in his -- in his motion. That's all. De Weerd: Okay. Any other public testimony? Okay. Becky. McKay: Sonya, could you load that? So -- De Weerd: If you will state your name again for the record. McKay: Becky McKay. De Weerd: Thank you. McKay: Madam Mayor, as you can see on this aerial photo, the white mark -- where did it go? The white -- do you see the white lines on the aerial photo that's overlaid adjoining us? That is curb, gutter and sidewalk and that extends all the way until the lot stop -- the resident -- or the urban sidewalks and, then, it transitions just to asphalt. Can I change it? I don't have a -- this is the subject property. As you can see it is elevated above Kentucky Ridge. That shows you the street typology, drawings showing Kentucky -- it didn't -- there is Highway 69. There it is. Right there. This is your future collector map. It shows it, too. I had those highlighted, but it's not showing up on here. And this is what we are working on in the future is the remainder -- why is that not doing it? There we go. This is what we are working on is the remainder property to, obviously, design the collector. It sewers in a different direction out to Linder and north Meridian City Council May 6, 2014 Page 52 of 66 to your trunk that's currently at Fall Creek. So, that's why this project has to be done in different steps, because it sewers in two different directions. Go to the next one. I think that's it. Yes. As far as the current traffic count on Kentucky Way that was taken this year, there are 465 vehicle trips per day on it. A standard local residential -- single family residential street, we try to keep them at a thousand. Existing local streets are allowed to go up to 2,000. A residential collector is 5,000 trips per day. It will have -- if you calculate -- include Kentucky Ridge -- or Kentucky Ridge's existing traffic, Revolution Ridge and Biltmore Estates, the total traffic generated at build out on Kentucky Way will be 1,849 vehicles trips a day. Well under the 2,000 that a local street can handle. Sonya, do you have an aerial? There we go. So, the curb, gutter and sidewalk extends, I believe, to where -- where the urban residential stops and there is -- there are no more houses, other than these estate lots and that's -- so, yes, there is curb, gutter and sidewalk and Revolution Ridge will build another stretch of sidewalk on that east side and that was the preference. I would also like to mention this particular project will pay 480,000 dollars in impact fees to Ada County Highway District alone. Now, they indicate to me, well, since Kentucky Way is an existing collector under the rules of the impact fees, we can't take those dollars and earmark them for upgrade of Kentucky Way. But I mean, nonetheless, that's 480,000 dollars in ACHD's kitty that will be generated by our development. We think we have got a great project. It's low density. It's larger lots. The homes that we are looking at are upper mid range I would categorize them. Mr. Centers is excited. He's put out 1.3 million dollars and doesn't even have one lot in the ground and we don't see that very -- very often. He has been generous and good to work with on this particular project. Finally, the only comment as far as the staff report is concerned -- Sonya did have a comment about pedestrian paths. We added all the pedestrian paths as requested, except for one pedestrian path -- I believe it was in Block 4 where our measurement at the mid section of this block is exactly 750 feet. So, we don't believe that we need a pedestrian path to break the block if we are -- don't exceed 750. The other comment concerning the conditions was on the water modeling, we have been working with Kyle on the future city well site and I think Kyle has modeled it. There is a reference to an elevation of 2,700 that the city can serve off of the existing capacity and I think Kyle -- Kyle's looked at that and it is beyond the 2,700, but it does not -- we can only bring on the phases that you can provide adequate fire flows to based on the current flows out there. So, we just wanted to, obviously, make that -- we were concerned about that number 2,700 being in stone, since it was referenced specifically in the condition. Other than that, we are in agreement. De Weerd: Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council May 6, 2014 Page 53 of 66 Rountree: Becky, what's -- what's the name of the southern most street that would go out towards Meridian Road? Is that Carbondale? McKay: The northern most street? Bird: The southern. Rountree: Southern. McKay: Oh. Harris. Rountree: So, that -- so that goes over and hooks up into Harris. So, it would be Harris continuing? McKay: This will be a continuation of Harris. Yes, sir. Carbondale is located at the northeast -- Rountree: That's Carbondale. McKay: That's Carbondale. And Carbondale does loop out to Meridian Road. Rountree: Yeah. McKay: And so -- and Harris -- eventually it will be signalized. I'm hoping if Hawkins ever moves forward on their commercial site, they warranted the signal. When Cavanaugh makes their half mile, mid mile collector that they are required to make under their DA, then, that will help us meet that ITD warrant. De Weerd: So, Becky, when do you connect to Carbondale? McKay: Phase one. De Weerd: In phase one? McKay: Phase one. De Weerd: And they have to go out to Carbondale to Bloomington -- McKay: And Meridian Road. De Weerd: And, then, to Meridian Road. McKay: Yes. De Weerd: Who has the two lots once you get off of South Kentucky Way on Victory Road to get to Stoddard? Meridian City Council May 6, 2014 Page 54 of 66 McKay: I believe Mr. Fisck and Mr. Sabala. Bird: Yeah. McKay: And, Madam Mayor, if I may say, I -- I did have to provide a concept on Mr. Hansen's property to demonstrate to them that the sewer alignment would fall within future public streets and would not be a detriment to their property and I did put an access in alignment with Stoddard, which was like a half plus 12 and we had it shifted a little bit to the east, because we can shift the center line up to a maximum of 12 feet. They don't have to be in direct alignment, although that is preferred. So, when the Hansens property develops there would -- could be another connection to Victory in addition to Kentucky Way. De Weerd: Well, I will just tell you I'm still concerned about the safety of kids getting to middle school on Stoddard. I understand from our previous application that many parents continue to drive their kids to school and if you're ever to break that -- that habit you have to give kids a way to get to school safely. Getting them to Victory Road seems that with the sidewalks in the subdivision along Kentucky Way and with extension of the sidewalk to Victory Road you still have a very busy road on Victory Road to get them to Stoddard. We have had this scenario before where we are setting up an unsafe situation and I know it's off-site improvement, how do get kids to school safely, but if you ask me, one of the biggest responsibilities this Council has is public safety and it is going to be how to get those kids to school and encourage them to walk. But you're not going to encourage them to walk when you have no safe way to get there and they do have existing sidewalks in Bear Creek, so it's trying to figure out how to get them there. We can't change it for the existing residents, but there should be a plan -- and I don't know if ACHD has it yet, but as we add new -- new residents and new opportunities for students that -- to want to get to school, that has to be a consideration from this Council. McKay: If I may -- if I may comment, you guys have an existing multi -use pathway that's ten foot wide that was built in Bear Creek at the southern boundary of Victory. It runs over to Stoddard and, then, we are building multi -use pathways down Stoddard along the frontage of Fall Creek and -- which leads directly to the new middle school and, then, we are also building it along one side of our collector roadway all the way to Linder. De Weerd: And how is that going to connect to this development? McKay: It's right across from Victory. Your multi -use pathway -- see in the comment, is visible right -- right at Victory. De Weerd: And how do you get them from Kentucky -- South Kentucky Way to Stoddard, to -- to the pathway? Meridian City Council May 6, 2014 Page 55 of 66 McKay: You would have to go down Victory. You have got to work your way down Victory and I guess Ada County -- with the extension of the sidewalk all the way down to Victory, matching up to the existing walks that's going to be down by Revolution Ridge, that will take you -- get you down to Victory. Now, as far as getting from Victory over to Stoddard, ACHD is the only one that can solve that problem and they indicated with the new middle school plans they will have to reevaluate this area and create safe routes to school for the pedestrians and the bicyclists, so -- I mean it's not something I can solve. If -- I mean there -- we have gaps in our walk all over on the arterial, because there are section line roadways. So, I don't -- I mean I don't understand -- I guess, you know, the only way to solve it would be to earmark dollars paid in impact fees for those upgrades, which that would be sweet, because, then, you would truly be mitigating your impacts on the transportation system with the monies paid. But my understanding is that's now it works. It can be spent anywhere in the district. So, I guess that -- that's something that needs to be discussed. We used to have at least zones where those dollars would stay within the zone -- I mean that's -- that's not the case. They eliminated those. De Weerd: Well, I will use a phrase that one of these Council members used to say often. Rountree: Don't give me credit. De Weerd: I'm not in a hurry. If you can't set up a safe situation, wait until you have the assurances from Ada County Highway District that you will have a safe situation. That is my concern. Any other questions from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On Harris Street, does it currently connect to Meridian Road? I'm not familiar with that -- McKay: Yes, sir. Rountree: -- piece of terrain, so -- McKay: Yes, sir. Rountree: And how far back -- McKay: It currently connects straight out to Meridian Road at the half mile. It is like half plus 12. Rountree: So, it's -- it will be -- it will be the point of signalization? McKay: Yes, sir. Meridian City Council May 6, 2014 Page 56 of 66 Rountree: And does it go to the depth of the existing subdivision to this parcel or does it stop at that one subdivision street furthest west? McKay: No, sir. It abuts our -- this property. So, we can connect to the existing roadway improvements and right of way and extend westward. Rountree: And it's my understanding that that property is all under the ownership of Centers, so -- in fact, that will ultimately be what is widened and -- McKay: Yes, sir. Rountree: -- put in a -- McKay: We will have to build a full residential collector. Rountree: And the build you're saying for that is in phrase three? McKay: Yes, sir. Rountree: What I'm going to ask is that the right way for that, in anticipation that phase three never happens, be provided to ACHD, so we don't get stuck with what we get stuck when the market goes south on some of these things and we can't get people around. McKay: Madam Mayor, Councilman Rountree, I believe Ada County Highway District had a condition that a deed restriction be recorded, so they could be assured that the Harris Street right of way going westward would be constructed as shown in their master street map in the event that the property ever were to change hands. Rountree: Okay. McKay: So, ACHD has -- beat you to it. Rountree: Good. Takes care of my concern. McKay: Okay. Rountree: Thank you. De Weerd: Okay. Any other questions for the applicant? Okay. McKay: Thank you. Borton: Madam Mayor? Meridian City Council May 6, 2014 Page 57 of 66 De Weerd: Mr. Borton. Borton: If there is no additional information needed, I would move that we close the public hearing on Item 7-E, PP 14-004. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-E. All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I'm comfortable with the plat and the applicant's comments in regards to the staff conditions that this is proceeded phasing and the balancing of the interest still makes me feel comfortable that this plat's appropriate. It may become a motion, but for right now it's just my comment. De Weerd: I guess I will just give -- I think you already know my concern about the safety in that area for anyone on foot or on bike. Getting them to Victory and completing that last leg along Victory to connect to another safe place is, in my opinion, paramount. We learned this during our high growth period and where they are putting schools without adequate infrastructure to get kids safely to school, we keep saying we have learned from our -- our past mistakes and I feel that if we don't have an answer to this before getting more kids in that area we are going to define insanity. So, we know that there are going to be off-site connections in many places, but I do think it is our responsibility to see how to make those connections and to work with the appropriate -- if the developers cannot get it done, that they need to work with the responsible agency to make sure there is a commitment when that hazard, which is a school, is -- is built, that that connection is there and that's my two cents worth. I think this is a great development and you can see that by -- that we don't have a room full of people, that this will compliment some of the development that is already there, but with that said it also presents something that we need to insure that we don't endanger and set ourselves up for a -- a serious problem. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While I am very concerned about the safety of kids walking to school and stuff and it only took them 46 years to get sidewalks to my place, but I don't feel that this subdivision is the cause of it. I think what we need to do is -- like we should have done at Sawtooth, before we allowed the school district to put the school in out there, we Meridian City Council May 6, 2014 Page 58 of 66 should have made sure that they went to ACHD and got that stuff taken care of. This subdivision's plan -- a pretty good set of impact fees to ACHD and ACHD, to their credit, has done two or three safety school projects, because of yourself and the Council asking to get it done and they have done it. So, I don't -- while I know this is going to create the stuff that -- when they get ready to put that school in, that's when -- that's when we need to make sure that all pathways to that school is safe out of here. They are getting it down to the road. Now the school and us and ACHD, they get it from theirs to the school. That's my first statement. Madam Mayor? De Weerd: Mr. Bird. Bird: I'm not going to sit here all night and look dumb. I can look dumb anytime. But -- I move that we approve PP 14-004 and include all staff, applicant, and public testimony. Borton: Second. De Weerd: I have a motion and a second to approve Item 7-E. Any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Would the maker of the motion include in that that the open area park be included in phrase two, as opposed to phase three? Bird: Maker, if the second agrees, would do that. Yes. It's right on the edge of phase two anyway. Borton: Second agrees. De Weerd: Okay. Any other discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Do we need to make any recommendation on the one block length that there was some question about, whether it was too long or not? Have a division in it or is the -- Watters: It's -- Zaremba: Okay. Bird: Madam Mayor? Meridian City Council May 6, 2014 Page 59 of 66 De Weerd: Mr. Bird. Bird: I believe that met the -- the 750 feet met the -- Zaremba: According to the applicant it was okay. Bird: Yeah. I didn't see Sonya having a heart attack. De Weerd: I hope we don't see her have a heart attack. Okay. Any other discussions? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Council, before -- staff, I guess, before we move into department reports, I will have -- I know we have a request to meet with the Ada County Highway District commission. We have to talk about connecting and safe routes to school and we have to do this prior to development and I am -- we have numerous examples of where we have failed in this area. We don't need to keep doing that. So, if you will put that also on the agenda and, Ryan, I'm sure in your report tomorrow you will give a heads up. So, thank you. Item 8: Department Reports A. Public Works Department: Budget Amendment for FY2014 in the Amount of $175,000.00 for Waterline Extensions De Weerd: Okay. Under Item 8, Department Reports. 8-A is under our Public Works Department. I will turn this over to Kyle. Radek: Madam Mayor, Council Members, this budget amendment is for 175,000 dollars to fund two projects. The first project is the Waltman Lane water line extension. This project was designed at the end of the last fiscal year and was intended to be built this fiscal year. We budged for three projects and the two projects that were -- not more important, but more urgent than this project, came in over our budget and took that water line extension money that Waltman Lane needs. Waltman Lane has been bid out, so we know exactly how much we need for it, so that's 75,000 we are requesting for that project. The second project is the Locust Grove, Black Rock to Reflection Ridge project, and this project is scheduled for construction in 2015 and we were intending to design it in 2015 as well. We have done some pre -design and come to the realization that the project will be a little more complicated than our average water line extension project, requiring a little more design time, so we would just like to start designing early Meridian City Council May 6, 2014 Page 60 of 66 on this project, so we would like to move to the design forward is the reason for the -- for the funding for this project. With that I will stand for any questions. De Weerd: Thank you, Kyle. Any questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kyle, I take it that the second phase -- the second -- the design is going to be about 101,000 for the design? Because you're asking for 175 and 74 of it is for Waltman? Radek: Council -- Councilman Bird, the Waltman Lane project bid out at -- Bird: Seventy-four thousand -- Radek: -- 74,770 dollars, so that would leave us 330 dollars extra, if you will. It seem like a budget amendment for exactly that amount was absolutely necessary -- Bird: No. Radek: -- and we are not going to -- we are not going to give the contractor 330 dollars if he doesn't deserve it, but we -- you know, I don't mind having 330 dollars extra in the 800,000 dollar budget just in case it is needed. Bird: I'm glad you do, because that -- but I'm talking about the 175,000 that we are asking for right now. We are not -- we are not talking about the contract. You told me part of it was for Waltmans, which is 75,000. Radek: Seventy-five thousand. Yes. Bird: Okay. So, 100,000 for design of this other project? Radek: That's correct, sir. We actually have a task order, scoped it with JUB Engineers and their -- their design estimate was 94,000 and it gets a little higher than you would normally expect. It's -- it's about 20 percent rather than ten percent of the project, estimated construction budget. But it is a large project we expected to be 500,000, so it's not totally out of line. Bird: Okay. Kyle -- and this is -- this is a broken record. But why are all our contracts coming in over budget? Are we getting bad estimates out of our professionals or what? Radek: Councilman Bird, there is a couple reasons. The first and foremost reason is that when we ask you for budget, we are about a year, maybe a year and a half away from constructing the project. We don't have a design estimate from our -- from our Meridian City Council May 6, 2014 Page 61 of 66 consultants and sometimes we don't know what the project is. For example, the -- one of the project that went over -- over the budget we requested was the -- the utility improvements in conjunction with the Ustick Road, Locust Grove to Leslie project. So, all we know when we come to you for the budget is that ACHD is doing the road project and we may know what the extent of it is and we may know when they are going to do it, but until we get into the design of the project with ACHD and we find out where that storm drain is and where they're putting curb and gutter and sidewalk and the extent of their -- of their improvements that we have to adjust for, we don't know exactly what we are doing for the project. So, in this case we have -- we budgeted 40,000 -- 50,000 dollars for the ACHD project, which came in about 80,000. We budgeted 450,000 dollars for the Locust Grove project, which came in at 500,000 and the Waltman Lane project, which we actually did a design on. The design estimate was 82,000 and the project came in at -- as you can see at 74,000 and some change and that's pretty good. And so when we are budgeting a year in advantage of the project and we don't quite know what the project is and we get within ten percent, I think that's pretty good. De Weerd: Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On a similar subject, I -- it seems to me several years ago we went through a period where our estimates were high and we were getting bids that were much lower, just after the crash and I guess my -- my question is are we going through the converse and is what you're describing the fact that the economy is picking up and at the point that where you make the estimate -- between then and when we actually get a bid the economy has improved and the cost goes up? Radek: Councilman Zaremba, that's another point that I failed to mention is, yeah, we have seen some pretty crazy ups and downs in the -- in the contracting market. We have had -- we have had times when we have put out a bid and we would get one contractor bidding on it and we have had times when we put out a bid and we got ten contractors bidding on it, just because of the -- the atmosphere. We have a lot of busy contractors right now that don't need our work and when we put out a bid they -- they see a chance to make money or they see it -- you know, they don't need it, so they -- we are going to see higher prices and we have seen that lately. Zaremba: In a way that's good news for the economy, but it pinches a little bit. De Weerd: Any other questions or comments? Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council May 6, 2014 Page 62 of 66 Borton: With no further comment, I would move we approve Item 8-A, the Public Works Department budget amendment in the amount of 175,000 for the water line extension. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-A. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Approval of Award of Bid and Agreement to Paul Construction for the "Waltman Street Waterline Extension - Construction" project for a Not -To -Exceed amount of $74,770.00 De Weerd: Okay. Item 8-13 is looking for approval of the award. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we approve Item 8-13, the award of bid to Paul Construction for the Waltman Street water line extension in an amount not to exceed 74,770 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-B. If there is no discussion Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: Oh, my gosh. I think that was approved. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Ordinances A. Ordinance No. 14-1603: An Ordinance (AZ 13-012 — Sagewood Subdivision) For Annexation Of A Parcel Of Land Located In The NW'/4 Of Section 24, Township 3 North, Range 1 West, Boise, Meridian, Ada County, Idaho, Establishing And Meridian City Council May 6, 2014 Page 63 of 66 Determining The Land Use Zoning Classification Of Said Lands From RUT And R-1 To L -O (Limited Office District) And R-8 (Medium Density Residential District) In The Meridian City Code; And Providing An Effective Date De Weerd: Item 9-A is Ordinance 14-1603. Madam Clerk, would you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1603, an Ordinance AZ 13-012, Sagewood Subdivision, for annexation of a parcel of land located in the northwest one quarter of Section 24, Township 3 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as required by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT and R-1 to L -O, Limited Office District, and R-8, Medium Density Residential 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 read by title only. Does anyone want to hear it read in its entirety? Rountree: They are leaving. Bird: Madam Mayor? De Weerd: You could say yes and, then, leave. Mr. Bird. Bird: I move that we approve 14-1603 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 14-1604: An Ordinance (AZ 13-016 — Southern Highlands) For Annexation Of A Parcel Situated In A Portion Meridian City Council May 6, 2014 Page 64 of 66 Of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, More Particularly Described As Lots 16 And 24, Block 1, A Portion Of Lot 1, Block 4, A Portion Of Lot 1, Block 5, And A Portion Of Lot 1, Block 6 Of Blackrock Subdivision No. 1, And A Portion Of S. Eagle Road And E. Taconic Drive Right -Of -Ways, Determining The Land Use Zoning Classification Of Said Lands From RUT To R-4 (Medium Low Density Residential District) In The Meridian City Code; And Providing For A Waiver Of The Reading Rules; and Providing An Effective Date De Weerd: Item 9-B is Ordinance 14-1604. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1604, an Ordinance AZ 13-016, Southern Highlands, for annexation of a parcel situated in a portion of Section 32, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, more particularly described as Lot 16 and 24, Block 1, a portion of Lot 1, Block 4, a portion of Lot 1, Block 5, and a portion of Lot 1, Block 6, of Black Rock Subdivision No. 1, on file in the office of the recorder, Ada County, Idaho, in Book 96, pages 12,003 to 12,008 and a portion of South Eagle Road and East Taconic Drive right of ways, the exterior boundary of which is more particularly described in Attachment A and annexing certain lands and territory 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 lands from RUT to R-4, Median Low Density Residential 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 read by title only. Council, I don't see anyone who wants to hear it read, so do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 14-1604 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk, will you call roll. Meridian City Council May 6, 2014 Page 65 of 66 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Future Meeting Topics De Weerd: Council, any items for consideration under Item 10, Future Meeting Topics? Rountree: The one you mentioned, obviously. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Not a topic, but I regret that I will miss the workshop next week and just want to make sure we will have a quorum. De Weerd: Will everyone be here besides me? Bird: I will be here. De Weerd: I mean I'm not going to be here either. Only a comment for Mr. Zaremba. did notice the air quality looked pretty bad in one of those pictures showed today. So, would you do something about that. Zaremba: I will do my best. De Weerd: Okay. Zaremba: We are going to test every car. Item 11: Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Council, I would entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? Meridian City Council May 6, 2014 Page 66 of 66 De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c), (1)(f). Milam: 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, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (9:26 p.m. to 10:38 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:38 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR MY DE WEERD DATE APPROVED ATTEST: Gc�4�RATEnqu�sr yr •,, city : JAYCEEJHLNA`W, Y C l�C C11 l DAH O' EAL ?�, JR F�f��the TRE aS`�Q'F.