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2015-07-21
_,/c/(ATE IDIAN- -' CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, July 21, 2015 at 6:00 PM 1. Roll-Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam 0 Luke Cavener (arrived © 6:04) X Mayor Tammy de Weerd 2. Pledge of Allegiance Lead by Scout Troop 260 3. Community Invocation by Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Proclamation for Meridian Youth Baseball - Meridian Lemonheads Day 6. Proclamation for Americans with Disabilities Act Awareness Day 7. Consent Agenda Approved (pg 6-7) A. Final Order for Approval: FP 15-022 Caven Ridge Subdivision No. 1 by New Cavanaugh, LLC Located East Side of S. Meridian Road and South of the Ridenbaugh Canal Request: Final Plat Approval Consisting of Thirty-Seven (37) Building Lots and Nine (9) Common Area Lots on 14.06 Acres of Land in the R-8 Zoning District B. Findings of Fact, Conclusions of Law: AZ 15-006 Dunwoody Lot 5 by Michael and Linda Williams Located 1/4 Mile South of E. Chinden Boulevard on the East Side of N. Locust Grove Road Request: Annexation and Zoning of 1.57 Acres of Land with an R-2 Zoning District C. Approve Minutes of June 9, 2015 City Council Workshop Meeting D. Approve Minutes of June 29, 2015 City Council Special Meeting E. Approve Minutes of July 7, 2015 City Council Meeting Meridian City Council Meeting Agenda—Tuesday, July 21, 2015 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Pedestrian Pathway Easement Between Ventana LLC and the City of Meridian Regarding a Multi-Use Pathway Connecting Ventana Subdivision to Heritage Middle School G. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Moira Hugues' "Fox Family" H. Purchase Agreement for Fabrication and Installation of Vinyl Traffic Box Wraps with Bryant Ideas for NTE $3,095.00 I. FP 15-023 Hill's Century Farm Subdivision No. 3 by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval Consisting of Thirty-Nine (39) Building Lots and Five (5) Common Lots on 11.2 Acres of Land in the R-8 Zoning District 8. Items Moved From Consent Agenda None 9. Department Reports A. Purchasing Department: Resolution No. 15-1078: A Resolution Ratifying an Emergency Expenditure Necessary to Perform Road Repair Work to Safeguard Life, Health and Property Following a Water Main Rupture; Authorizing the Expenditure of Public Money to Safeguard Life, Health and Property; and Providing an Effective Approved (pg 7-8) 10. Action Items A. Public Hearing: RZ 14-007 Southridge Estates Subdivision by DBTV Southridge Farm, LLC Located South of W. Overland Road Between S. Linder Road and S. Ten Mile Road Request: Rezone of 3.05 Acres from R- 15 to TN-R; 1.67 Acres from R-4 to R-8; and 0.83 of an Acre from R-8 to R-4 Zoning District Approved (pg 9-12) B. Public Hearing: PP 14-017 Southridge Estates Subdivision by DBTV Southridge Farm, LLC Located South of W. Overland Road Between S. Linder Road and S. Ten Mile Road Request: Preliminary Plat Approval Consisting of 168 Single-Family Residential Building Lots and 329 Common/Other Lots on 48.56 Acres of Land in the R-4, R-8 and TN-R Zoning Districts Approved (pg 9-12) C. Public Hearing Continued from July 7, 2015: RZ 15-008 Avebury Subdivision by Avebury Development, LLC Located North Side of E. Pine Avenue and West of N. Locust Grove Road Request: Rezone of Three (3) Acres of Land from the L-O Zoning District to the R-15 Zoning District Continued to August 25, 2015 (pg 13-36) Meridian City Council Meeting Agenda—Tuesday, July 21, 2015 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Public Hearing Continued from July 7, 2015: PP 15-007 Avebury Subdivision by Avebury Development, LLC Located North Side of E. Pine Avenue and West of N. Locust Grove Road Request: Preliminary Plat Approval Consisting of Fifteen (15) Single Family Residential Lots and Five (5) Common Lots on Approximately Three (3) Acres in a Proposed R-15 Zoning District Continued to August 25, 2015 (pg 13-36) 11. Future Meeting Topics None Adjourned at 7:57 p.m. Meridian City Council Meeting Agenda—Tuesday, July 21, 2015 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council July 21, 2015 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, July 21, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weer, Charlie Rountree, Keith Bird, David Zaremba, Joe Borton, Genesis Milam and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Watters, Bill Parsons, Clint Dolsby, John Overton, Mike Barton, Keith Watts 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___ Lucas Cavener _ X Mayor Tammy de Weerd De Weerd: I would like to thank all of you for joining us this evening. It's always nice to see young people filling our Council Chambers. So, thanks to all of you for being here. For the record it is Tuesday, July 21st. It's 6:00 p.m. We will start will roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance Lead by Scout Troop 260 De Weerd: Okay. Item No. 2 is the Pledge of Allegiance. Tonight we will be lead by Troup 260. If I can ask the troop to come on forward and ask the rest of you to all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel De Weerd: Item No 3 is our community invocation. Tonight we will be led by Pastor Troy Drake. He's with Calvary Chapel. 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. Drake: Mayor Tammy, Council Members. Let's pray. Lord God in Heaven, I just want to humbly ask you for three things here this evening. Number one, that you would just bless our nation. Lord, I was reminded as I drove up, a flag at half mast and it seems that it's like that more often than not now, God, and so we just pray for our country and that you said that righteousness exalts a nation and so we pray, God, that righteousness would prevail in the United States and that you would protect our country from evil. And also pray for our city here tonight and that we would be safe -- the citizens would be safe. You also protect those who serve us with their lives and so we pray for the citizens and that they would be cared for and, lastly, Lord, but not least, I pray for these people here Meridian City Council July 21, 2015 Page 2 of 36 tonight, these elected officials who serve us, God, that they have dedicated their lives, their time to -- to making these decisions for us and so, Lord, we just pray that you would give them a great amount of wisdom here tonight and all days as they serve and also, Lord, that you would just bless their lives and so we thank you for them and we just pray for our time here tonight, Lord, that it would -- it would be well used for your purposes and we pray all these things in Jesus' name, amen. Thank you for the privilege. Item 4: Adoption of the Agenda De Weerd: Thank you. I was going to ask you again, pastor, if you wanted a pin, but -- I just want to be consistent. Item No. 4 is the adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On Item 9-A, is resolution number 15-1078 and with that addition, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda with a notation -- with a notation. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation for Meridian Youth Baseball - Meridian Lemonheads Day De Weerd: Let the record also note that Councilman Cavener has joined us. Welcome. Okay. The next two are proclamations. I'm going to move down to the podium. Well, it's not often that we have the privilege of having very important athletes with us to recognize what they have accomplished and also to wish them well as they represent our community and our state at nationals. So, I have a proclamation and I'm going ask that you guys come join me up here while I read the proclamation to honor all of you, so -- I always wondered what Lemonheads looked like. I just didn't quite imagine them like you all, but you -- if you will join me up here I would appreciate it. And I will tell you that I have -- the one I will read tonight and a second one that lists all of your names and I will tell you that all of your names will be in our record, so some day when you're really old and you want to say I was on the public record at a city council meeting, you will have that to go back, find this day in time, and show whoever you want -- if I said your kids you would go ooh. That you actually have a day in your honor. So, whereas being an athlete is more than training to excel in sports or be physically fit, it is training to build leadership, character, confidence, teamwork and resilience. All traits needed to succeed on the baseball diamond, in the classroom, and in the real world and whereas the Meridian U12 70s proudly nicknamed Meridian Lemonheads have been playing on the diamond as a band of baseball brothers for four years with the overall record of 149 wins and 18 losses, Meridian City Council July 21, 2015 Page 3 of 36 translating to four time state champions and three time regional champions, proving they are a tough team to beat and whereas beating teams from Utah, Oregon, Washington and Idaho, in the pacific northwest regional tournament, led to an exciting championship game, down three zero heading into the last inning, our Meridian Lemonheads rallied and scored six runs to win six-three and were crowned the champions and whereas with a little extra swagger and support from their hometown, the Meridian Lemonheads will go on to represent at the Cal Ripken World Series in Baltimore, Maryland, where they will be -- where there will be many opportunities for cool selfies and countless unforgettable memories made and whereas the leadership, training, and discipline of their coaches and parents help all team members focus their talents and passion to become a winning team with each players making valuable contributions to their successes and victories, therefore, I, Mayor Tammy de Weerd, hereby proclaim Meridian Lemonheads Day here in the City of Meridian and call upon the community to join me in congratulating this team on their remarkable achievements and cheering them on as they go on to represent Meridian so proudly at the Cal Ripken World Series and I will present this to your coach and I have a pin for each of you and, then, two extra for each that you can trade. I hope you get really awesome trades for this memorable City of Meridian pin and wish you great success and special thanks to the coaches, the parents. We are really proud of these young people and we will join you in celebrating each of their games and cheering them on to victory. So, here you go. And I'm not going to shake your hand. I got a bee sting and my hand is like four times the size that it normally is, but -- here is this and if you would just say a few words and introduce each of your players. Whiles: Sure. We have over here Tommy Whiles and Mckay Anderson and this is Coach Jason Anderson and one of our bat boys here that's hiding in the back Carter Anderson. And next to me is Jacob Hughes and to my left is Mason Kielty, Cole Roberts. This is another bat boy Tory Whiles and Mark Steward next to him and, then, Carson Bohning, Jackson Reed and Brayden Rundell and we are missing a couple tonight, but we just wanted to tell you how much we appreciate being up there and how much we appreciate having Meridian on our chest. We will now become the Pacific Northwest when we compete. We will be competing against ten other areas in the United States and also eight countries. Australia, Japan, New Zealand, Dominican Republic on and on and so we will be wearing purple from now on and it will say Pacific Northwest on it, but we will not forget where we are from and we are taking our uniforms, because we are the Lemonheads and we always have been. So, we just appreciate the time up here and you can root for us on ripkenbaseball.com, they will have live feeds and tell you how we are doing. We start on Sunday against the Maryland state champion, so -- and, then, we will play every day after that. So, thank you very much from the Lemonheads. De Weerd: And if someone will keep us apprised of what's going on when you're playing, we will post it on our Facebook and help you get the word out so you have people cheering you from afar. Okay. And you boys you do not have to stay here for the rest of our meeting. You have earned not having to sit through our meeting. So, thank you so much for being here. Thank you. Meridian City Council July 21, 2015 Page 4 of 36 Item 6: Proclamation for Americans with Disabilities Act Awareness Day De Weerd: I'd ask Angela Lindig to please join me. The second proclamation is to -- a proclamation to bring awareness -- and just another footnote for these young baseball players, if any of you want to sponsor them they are looking for sponsorship to help them pay for their trip. So, I'm sorry I didn't say that while they were in the room, but we have their contact information if anyone would like to have it. I'm sure donations are welcome. I'm very pleased and privileged to be able to stand up here and read this next proclamation and just a little context. This woman to my right has been a long time advocate for individuals with disabilities to really teach tolerance through play. She helped our community bring Adventure Island playground to the City of Meridian, which, in turn, spurred a number communities to do the same and change policy as to the -- the soft fall material underneath playgrounds that people of all abilities could play and learn on the playing ground. So, it is with honor that I read this proclamation. Whereas on July 1st, 1988, the Idaho Human Rights Act, was amended to prohibit employment discrimination against individuals with disabilities and whereas on July 26, 1990, President George H. Bush signed into law the Americans With Disabilities Act, ADA, to insure the civil rights of people with disabilities and whereas the ADA serves as a national mandate that sets standards to address and eliminate the discrimination against individuals with disabilities in the areas of education and employment, government services, places of public accommodation, commercial facilities and other vital areas of society and whereas the ADA has expanded opportunities for people with disabilities by reducing barriers, changing perceptions and promoting full participation in community life and whereas the City of Meridian is not immune to life altering physical or mental impairments experienced by our beloved residents may limit one or more major life activities and whereas with Idaho's first universally accessible playground, the City of Meridian strives to provide integrated environments for people with disabilities, so they may have equal opportunity to participate as active, productive and independent citizens in Meridian, therefore, I, Mayor Tammy de Weerd, here do proclaim July 26 as American With Disabilities Act Awareness Day here in the City of Meridian and call upon all citizens to celebrate this 25th anniversary of the Americans With Disabilities Act and to reaffirm the promise that the ADA is to insure the civil rights of people with all different abilities and I present this to you, Angela, and ask you to make a few remarks. Lindig: Sure. Thank you. Good to see you. De Weerd: Nice to see. Lindig: Hi. Thank you. I want to just acknowledge these great folks behind me, because so many of them worked with me on a citizen committee to create the Adventure Island playground, which is now 11 years old, so in the spirit of the ADA I just want to say the City of Meridian went above and beyond the actual requirements of the ADA in creating a universally accessible playground and letting it serve as a model. It is truly universal and it still continues to shine today and we are thrilled and I don't know, Danna, if you want to say a few things about the 25th anniversary of the ADA. I will let you introduce, because I'm going to get it wrong, but I believe the director of the Northwest ADA Center -- Idaho. Meridian City Council July 21, 2015 Page 5 of 36 Okay. I almost got it. So -- and Danna actually organized the 25th anniversary celebration in Boise that happened this past week and the Hands Around The Capital. So, do you want to -- De Weerd: If we can get you over here. I'm sorry, I would move it, but -- Gover: I just want to say thank you. It's really exciting -- this is actually the first proclamation I have ever -- we have received in person. So, what we are going to do -- we are tweeting this and letting people know nationwide about the cities in Idaho who have signed a proclamation. So, you guys will be one of the first and we are going to start doing that on July 26th. So, it's part of a big, big celebration. So, we really appreciate you guys doing this. This is awesome and we are very, very honored. De Weerd: Thank you. Gover: Thank you. De Weerd: We are honored to have you have. Well, thank you and Angela -- we were reminded how long it's been since Adventure Island was, because we have to replace the soft fall material and just had no idea it's been in place for that long, so it's been a true asset to our community. So, thank you again. We are making sure it continues to carry the legacy that you created in this community. So, thank you. Item 7: Consent Agenda A. Final Order for Approval: FP 15-022 Caven Ridge Subdivision No. 1 by New Cavanaugh, LLC Located East Side of S. Meridian Road and South of the Ridenbaugh Canal Request: Final Plat Approval Consisting of Thirty-Seven (37) Building Lots and Nine (9) Common Area Lots on 14.06 Acres of Land in the R-8 Zoning District B. Findings of Fact, Conclusions of Law: AZ 15-006 Dunwoody Lot 5 by Michael and Linda Williams Located 1/4 Mile South of E. Chinden Boulevard on the East Side of N. Locust Grove Road Request: Annexation and Zoning of 1.57 Acres of Land with an R-2 Zoning District C. Approve Minutes of June 9, 2015 City Council Workshop Meeting D. Approve Minutes of June 29, 2015 City Council Special Meeting E. Approve Minutes of July 7, 2015 City Council Meeting Meridian City Council July 21, 2015 Page 6 of 36 F. Pedestrian Pathway Easement Between Ventana LLC and the City of Meridian Regarding a Multi-Use Pathway Connecting Ventana Subdivision to Heritage Middle School G. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Moira Hugues' "Fox Family" H. Purchase Agreement for Fabrication and Installation of Vinyl Traffic Box Wraps with Bryant Ideas for NTE $3,095.00 I. FP 15-023 Hill's Century Farm Subdivision No. 3 by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval Consisting of Thirty-Nine (39) Building Lots and Five (5) Common Lots on 11.2 Acres of Land in the R-8 Zoning District De Weerd: Okay. Item No. 7 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda as published, authorizing the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All eyes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 9: Department Reports A. Purchasing Department: Resolution No. 15-1078: A Resolution Ratifying an Emergency Expenditure Necessary to Perform Road Repair Work to Safeguard Life, Health and Property Following a Water Main Rupture; Authorizing the Expenditure of Public Meridian City Council July 21, 2015 Page 7 of 36 Money to Safeguard Life, Health and Property; and Providing an Effective De Weerd: So, we will move to Item 9-A, which is Resolution 15-108 -- or 78 and ask for Keith Watts' comments. Watts: Thank you, Madam Mayor, Council. As you are now aware, we had a water main break back in the early part of April, which required immediate attention. The water department was able to go out and repair some pipe work, but we had to hire a contractor to come in and do the asphalt work. The resolution here is presented to you today so you can declare that that was, in fact, an emergency, so we can expend those funds pursuant to Statute 67-2808. I also have a second part of this as well for future emergencies we are trying to get an SOP and a policy written on emergency purchases and would like Council direction. As you can imagine, it's not possible for us to come before Council in a meeting and get approval prior to having somebody come out and repair a water leak that's dumping thousands of gallons an hour into the street. So, my request would be for direction on how to obtain the Council approval and wondering if an e-mail, possibly, to the Mayor or if the Mayor is not available to the Council President for them to be able to authorize an emergency purchase at that time. So, there is two parts to this. De Weerd: Keith, did we not have you on our emergency planning committee? Watts: I had been on it at one point, yes. De Weerd: Because our protocol was put together and so I -- I think that that works -- or it should. Watts: Okay. I know -- I'm pretty sure you were out of the loop for a while and this is -- as well as myself when the emergency actually took place. So, we need to write up an SOP, circulate that to all the departments that -- for the process to follow when an emergency takes place. De Weerd: Okay. Well, we can bring that back on a Council agenda next month -- Watts: Okay. De Weerd: -- and have that conversation, so -- any comments or feedback for Keith? Rountree: As that is brought back I would like to see what we have in place for protocol currently and if we can simply modify that, let's do that. Bird: Yeah. We should have already had -- De Weerd: It's all under the -- Bird: Emergency management. Meridian City Council July 21, 2015 Page 8 of 36 De Weerd: -- ICS type of protocol, but we will bring it forward. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council. So, yeah, our department and Keith's have worked to at least put this resolution to get this bill paid and taken care of and, then, we will come back -- you know, most of this stuff in the ICS system talks about some fairly significant types of emergency situations and things that, again, have a high sense of urgency. Some of it we are trying to match up the statute and the protocols that exist and that's that where this resolution comes from. So, we do want to get this taken care of and, then, we can come back to talk about making sure SOPs are current with all various types of emergencies with our emergency responders as well. De Weerd: Anything further? Do I have a motion on this resolution? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 15-1076. Milam: Seven eight? Bird: Seven eight. I'm sorry. Rountree: Second. Zaremba: Second. De Weerd: I have several seconds to -- Bird: After I righted it. De Weerd: -- the corrected motion. The motion is to approve Resolution 15-1078. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Watts: Thank you. Meridian City Council July 21, 2015 Page 9 of 36 Item 10: Action Items A. Public Hearing: RZ 14-007 Southridge Estates Subdivision by DBTV Southridge Farm, LLC Located South of W. Overland Road Between S. Linder Road and S. Ten Mile Road Request: Rezone of 3.05 Acres from R-15 to TN-R; 1.67 Acres from R-4 to R-8; and 0.83 of an Acre from R-8 to R-4 Zoning District B. Public Hearing: PP 14-017 Southridge Estates Subdivision by DBTV Southridge Farm, LLC Located South of W. Overland Road Between S. Linder Road and S. Ten Mile Road Request: Preliminary Plat Approval Consisting of 168 Single-Family Residential Building Lots and 329 Common/Other Lots on 48.56 Acres of Land in the R-4, R-8 and TN-R Zoning Districts De Weerd: Thank you. Item 10-A and B are public hearings on RZ 14-007 and PP 14- 017. I will open these two public hearings with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The applications before you tonight are a request for rezone and a preliminary plat. This site consists of 48.56 acres of land, currently zoned R-4, R-8, R-15 and TN-R and is located south of West Overland Road on the west side of South Linder Road. This property was annexed with a development agreement back in 2006 as part of the Southridge development. A preliminary plat was also approved at that time, which included the subject property, but the plat has since expired. The development agreement has been modified a couple of times since the original approval and the portion of the site at the northwest corner of this site was previously conceptually approved to develop as an apartment complex and is governed by a separate agreement. A property boundary adjustment application was tentatively approved last year to create the properties for the subject plat and is in the final approval process. The applicant is requesting a rezone of 3.05 acres of land from R-15 to TN-R; 1.67 acres from R-4 to R-8 and .83 of an acre from R-8 to R-4, as show on the existing map, which staff deems generally consistent with the medium density residential and medium high density residential future land use map designations for this site. The proposed rezone to R-4 and R-8 will clean up the existing zoning boundaries in accord with the proposed preliminary plat and the proposed rezone to TN-R will increase the area of existing TN-R zoned area. Development of the northwest portion of the site proposed to be zoned TN-R is governed under the Southridge Apartments development agreement. Prior to Council approval of the finding for the subject applications the development agreement is required to be modified to include a conceptual development plan for that area consistent with the proposed plat. A preliminary plat is also proposed as shown, consisting of 168 single family residential building lots, which is one lot more than originally proposed and 32 common lots on 48.56 acres of land. The overall gross density of the subdivision is 3.43 dwelling units per acre, with a range of densities between 2.22, 3.74, and 5.91 dwelling units per acre between the R-4, R-8 and TN-R zoned areas respectively. Access is proposed via existing streets to West Overland and South Linder Meridian City Council July 21, 2015 Page 10 of 36 Road. Stub streets constructed within phase one are proposed to be extended with this development. Stub streets to adjacent underdeveloped parcels to the north and west are also proposed for future extension in accord with the approved conceptual development plan for this site. Common driveways are proposed for access to the lots along the southern boundary of the site. You can see them right here on the plat. An exhibit map was submitted for these lots as required and has been reviewed and approved by the Fire Department for emergency access. Landscaping is proposed along Linder Road, an arterial street, and South Spanish Sun Way, a collector street, in accord with UDC standards. Sorry this landscape plan is a little disjointed, but it's several pages. A segment of the city's multi-use pathway is proposed along the frontage of Block 3, which is right here, and along the west side of Linder Road consistent with the master pathways plan. Detached sidewalks with parkways are proposed throughout the development. Staff recommends the landscaping and pathway along Linder is installed with the first phase of development. 5.31 acres or 11 percent of the site is proposed in qualified open space in accord with UDC standards. A minimum of two site amenities are required. The applicant is proposing the multi-use pathway through the site and along Linder Road and a picnic area as amenities. The applicant is requesting a waiver from Council to allow the Ridenbaugh Canal to remain open and not be piped. Because this is a large facility staff is supportive of the request provided fencing is constructed to preserve public safety. The applicant has submitted pictures and design guidelines of homes that represent the type of construction planned for this development, which includes one and two story homes with mix of three types of building materials, contrasting colors, varying roof lines, and five different architectural styles in accord with the development agreement, which requires Council approval of architectural guidelines. A variety of structures within a block is also required. Summary of the Commission public hearing. Jason Densmore, the applicant's representative, testified in favor. No one testified in opposition. Steve Prisbos commented on the application and written testimony was received from Jason Densmore, the applicant's representative. The only outstanding issue for Council tonight is the existing development agreement for Southridge apartments is required to be modified to update the previously approved conceptual development plan consistent with the proposed development plan and final approval of the property boundary adjustment application is required to be obtained prior to Council approval of the findings for the subject application. The Council can act on these applications tonight, but the findings will be delayed until these items are completed. The applicant should submit the development agreement modification and finalize the property boundary adjustment within the next 30 days. No written testimony has been received since the Commission hearing. Staff will stand for any questions Mayor and Council may have. De Weerd: Thank you. Council, any questions? Bird: Not at this time. De Weerd: Okay. Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Meridian City Council July 21, 2015 Page 11 of 36 Densmore: Yes, ma'am. My name is Jason Densmore with The Land Group. Our address is 462 East Shore Drive in Eagle. I'm very pleased to be here tonight representing the applicant on this. We have been working with your staff for quite some time. I think you will -- you will notice from the -- from the record that this was in front of Planning and Zoning and, then, hit a little bit of a delay as we developed the architectural guidelines that you saw a few minutes ago. Now we are pleased to bring the application back to you. As an extension of the previously approved and platted Southridge Subdivision we were quite excited that Southridge Estates is going to expand the selection of lots and housing types that are available in that development and really invigorate home building in that area. We don't have objections with staff's recommendations on the project and hope for your support this evening. If you have any questions I would be happy to answer them. De Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I noticed two of the examples -- pictures of elevations that we have been given, two of them have no street facing garage. Are there -- were alleys or how is parking for those done? Densmore: There are alley loaded lots in the existing subdivision and it was the intent that the architectural guidelines would apply not only to Southridge Estates, but also to some of the lots that have already been platted and so that's the reason for providing the - - the elevation that you mentioned. Zaremba: Thank you. De Weerd: Okay. Any additional questions? Bird: I have none. De Weerd: Thank you. Densmore: Thank you. De Weerd: Either you were very thorough or staff was. Densmore: I'm sure it was staff. De Weerd: Okay. This is a public hearing. I do have one person that signed up to show support. Tim Eck. Would you like to provide testimony? Okay. Is there anyone else who would like to provide testimony on this item? Okay. Council? Meridian City Council July 21, 2015 Page 12 of 36 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearings on RZ 14-007 and PP 14-017. Milam: Second. De Weerd: I have a motion and a second to close the public hearings on Items 10-A and B. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: So I don't make mistakes again, I move we approve RZ 14-007 and to include all staff, applicant and public comments and that also included the existing development agreement being modified to update the previous conceptual development deal and while we are passing these, the findings will be held until the applicant has submitted the DA modification and the PBA with the next 30 days. Milam: Second. De Weerd: Okay. I have a motion and a second. Any conversation about the motion? Okay. Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 14-017 and to include all staff, application and public testimony. Milam: Second. De Weerd: I have a motion and a second to approve Item 10-B. Any discussion from Council? Madam Clerk. Meridian City Council July 21, 2015 Page 13 of 36 Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES. C. Public Hearing Continued from July 7, 2015: RZ 15-008 Avebury Subdivision by Avebury Development, LLC Located North Side of E. Pine Avenue and West of N. Locust Grove Road Request: Rezone of Three (3) Acres of Land from the L-O Zoning District to the R-15 Zoning District D. Public Hearing Continued from July 7, 2015: PP 15-007 Avebury Subdivision by Avebury Development, LLC Located North Side of E. Pine Avenue and West of N. Locust Grove Road Request: Preliminary Plat Approval Consisting of Fifteen (15) Single Family Residential Lots and Five (5) Common Lots on Approximately Three (3) Acres in a Proposed R-15 Zoning District De Weerd: Items 10-C and D are public hearings continued from July 7th on RZ 15-008 and PP 15-007. We will hear these two public hearings with the staffer gentleman over there with the bowtie. Bill, welcome. Parsons: It's been awhile, so thank you. It's a pleasure being here presenting this application to you this evening. The subject property is -- consists of three acres of land. It's currently zoned L-O within the city. This property was annexed in with the Danbury Fair Subdivision, which is primarily along the perimeter of this development and it had the L-O zoning at that time. In my research of the annexation of this property there was not a development agreement required or approved with that annex and zoning approval. As you can see here, as I mentioned to you, it is primarily surrounded by single family residential. The applicant is here this evening to discuss rezoning this property from the L-O zoning district to the R-15 zoning district and platting 15 residential single family lots. Here -- the two access points to the development are stubbed along the north boundary of the site and will be extended and it will be extended with a public street East Avebury Way here. The applicant has reached out to ACHD and received their approval of a reduced street section for this segment and, basically, will act as an alleyway, but as proposed this evening the applicant has a 20 foot wide road here -- sidewalk on the south boundary and they are seeking Council's waiver for no sidewalk on the north boundary. In ACHD's staff report they did have a condition in that that would allow the applicant not to construct the sidewalk if the City Council includes that in the motion this evening. Because of the reduced street section parking will be limited on the site, so the applicant is proposing to plat one common lot to serve as guest parking for the proposed development. I'd also mention to Council that because this is a single family development, the applicant would still be responsible to provide a two car garage for each resident and, then, also a 20 by 20 parking pad. So, per the UDC they will have to provide four parking stalls. So, again, Meridian City Council July 21, 2015 Page 14 of 36 no on-street parking, but they have nine -- nine guest parking stalls on the common lot and, then, all the existing single family homes again will have their own required parking per the UDC. Open space for this site -- or the 15 buildable lots -- the only reason why the applicant's requesting that zoning district is it allows them to get a little bit greater density on the property. On the Comprehensive Plan this property is designated the medium density residential district, but we anticipate densities between three and eight dwelling units to the acre. The plan before you this evening represents five dwelling units to the acre, so it's still within that three to eight density range that we envision under the Comprehensive Plan. The lot sizes on the proposed plat range in size between 2,800 square feet and 5,300 square feet. The applicant is also proposing that five of the homes take access from a common lot and you will see that located here along the west boundary of the site. Because this site is under three acres in size the UDC does not require any open -- or require usable open space to be incorporated into the plan. The applicant is required to construct a 25 foot wide landscape buffer along Pine Avenue. As you can see here it's not represented on this plan, but the preliminary plat -- this site is -- is impacted by a large irrigation easement. Currently it's 90 feet, so ten feet of it runs along Pine and, then, approximately 80 feet fall on this property. Under the UDC the applicant is required to provide only a five foot minimum -- five foot wide minimum -- five foot wide minimum landscape buffer outside of that easement to insure that we get the required trees and required plantings. The applicant has been working very closely with the irrigation district. I would have to mention to Council that no one anticipates the Five Mile Creek getting really greened up and really enhanced as part of the development. The applicant is -- the irrigation district really wants to maintain access to that creek for maintenance. There will be an existing gravel road that will remain as part of the common lot. The only landscaping that you will see along the fronts or the backs of the homes will be that five foot wide landscape buffer and I do have an exhibit to show you later in my presentation. The applicant again has not proposed to provide any amenities within the development, but they have offered up to construct a five foot walkway that would run along the west boundary of the proposed parking lot, turn to the west, run across the Danbury Fair common lot created along this west boundary here and, then, tie into the city's multi-use pathway. The applicant is still working with the Danbury Fair HOA in order to get permission for that pathway connection -- or that sidewalk connection to happen to the city's multi-use pathway. During the P&Z Commission hearing one of staff's recommended conditions in the staff report is -- because the site is so constrained, because of the reduced street section, because of the visibility of the site as an entryway into our downtown, staff and the commission were very concerned about the esthetics of this development and so one of staff's recommended conditions was that the applicant was to provide a revised exhibit demonstrating how this -- some of the conditions that we have in the staff report were to be met. One condition in particular where the design criteria for the homes -- how would front -- how would they be seen or visible from Pine Street and how would access be gained through the front of those homes and so the applicant did not have that information before the Planning and Zoning Commission and ultimately they have recommended a denial before you this evening. But the applicant has gone back to the drawing board, they have done their homework and here is the revised plan they want you to take under advisement this evening. So, one of staff's recommended conditions and something that the Commission also supported was the Meridian City Council July 21, 2015 Page 15 of 36 requirement for a sidewalk in -- along the front side of the homes and the exhibit that's showing before you this evening the applicant does not want to construct sidewalk in the front of the home for a portion of the lots. As you can see in that previous exhibit or at least this upper right-hand exhibit -- or the lower exhibit, excuse me, shows that a portion of that sidewalk would be constructed within that common lot in front of that five foot landscape buffer that I described to you on the landscape plan. But the eastern half of the development the applicant does not want to construct any sidewalk from the front of the homes or any sidewalk -- I mean from the front porches to that sidewalk that front on Pine. Both Planning and Zoning Commission and staff felt that that was an important connection for the residents not only to get them from along the greenbelt to -- or at least from their homes to the greenbelt, but also to help kids or people living in that subdivision to provide them another connection out to the sidewalks along Pine and that's why we really felt that was a design esthetic that needed to be part of this development. Again, the applicant is proposing that connection to happen from the garage and you enter basically on the side of the home here. They would be granted -- granting a use easement across the property for that pathway to be built on the buildable lots. So, here are -- the other thing that the Commission was concerned about were the backs of the homes or how those were oriented towards not only the street, but also how they were oriented towards Pine and the applicant has actually provided three or four exhibits or revised elevations for you to take under consideration as well tonight. So, although labeled rear on this elevation here, this would be the elevation that would be oriented towards Pine. You can -- it looks like the front of the house. It looks like a front porch with the door. There is an entry and, again, that's why staff and Commission felt so strongly to have sidewalk connectivity in front of these homes and these lots. Here would be the front of the elevations that present themselves towards the new public street segment, which will be mostly public street dominated. You still could have a mix of material and some pop outs, so you still get an attractive street presence just by having these two design elements as focal points and that's really something that staff wanted as far as the staff report. So, I believe the applicant has provided some of these for you. You can see there is -- there is a mix of materials here. The applicant's also provided sample photos that I will show you as well. This is another elevation that they have presented for you this evening. Again you can see the covered entries, the columns, the mix of materials, and, then, how it presents itself along the public street. This elevation here staff is not supportive of, because it doesn’t demonstrate what the other two have. There is not a lot of variation in the façade. You can see the back of the home provides no modulation or changes in the materials. So, if it's your -- if it is your desire to recommend approval or approve this application tonight, we would ask that this elevation be stricken from the record. And, then, here is what was presented to P&Z as far as front elevations and, again, we felt this was the design concept that we needed for the entryway into our downtown area, given the fact that they are fronting on -- although it won't be enhanced or landscaped, that still is a natural waterway and a creek and there is a ten foot multi-use pathway that it needs to get connected to. And here are some -- some of the actual elevations built on the ground in Boise. And this is just an example of their floor plan, so you can see if those sidewalks were constructed from the side -- along the sides, the -- the owners or the guests of -- visiting the residents would actually be entering into their kitchen or their dining room area. Again, it's up to the applicant to propose that, but, again, staff and Commission feel it is appropriate to have Meridian City Council July 21, 2015 Page 16 of 36 the sidewalk in front of the homes. And, keep in mind, the applicant is constrained with that easement. They have worked with the irrigation district. They have gotten some concessions from the irrigation district to allow for some of that -- to allow for some of that landscaping to go within that easement. One of the options the applicant could do -- if I can step back here to the concept plan. The overall plan here. Again, there will be sidewalk for this segment. The staff's condition is to have even connecting sidewalks from the front porches to that sidewalk and they are proposing wrought iron fencing there. One option if the applicant doesn't have the room to construct the sidewalk outside of the buildable lots, the applicant could create a pedestrian easement cross the front of those lots and put the fencing on that -- at the edge of the walkway and, therefore, you would still have the fence, you get the sidewalk, the neighbors could still have their private front yards and they could have the five foot landscape buffer on the front edge of the walkway. So, similar to this graphic here. You, basically, have the fence, you have the five foot sidewalk, or even a four foot sidewalk, since it's not a requirement. Code would allow them to go down to a four foot sidewalk and, then, do the five foot landscape buffer out in this area. Now, it would reduce their front yard or their rear yard a little bit, but they would still meet code. Still give them private patio space and, then, we could still get that attractive streetscape along Pine Avenue. So, testifying at the public hearing was Matt Schultz. We had 20 residents testifying -- either testifying -- signed up in opposition or testifying in opposition of the application and I believe their primary concerns were parking in the street north of this development, because of the reduced street segment and having just that small overflow parking area they were concerned about guests visiting the development and parking on the public streets, which, again, is allowed in that development, just not this particular one. Matt Schultz did provide written testimony in rebuttal to the staff report. I think, really, I have hit on the key issues that the Planning and Zoning Commission discussed at the hearing. One was parking in and around the proposed development. The design esthetics of the proposed homes. The pathway connections to the ten foot multi-use pathway. Construction -- one other concern that was discussed was construction traffic entering either -- off of Pine and not through the residential subdivision. I think the applicant would have to, again, coordinate with Nampa- Meridian Irrigation District and the Danbury Fair HOA to cross the common lot there on the west boundary and, then, again, as I alluded to and probably beat a dead horse about getting that sidewalk connection in front of the homes, not on the side of the homes. That's really a critical design element for this project. Again, the Commission did recommend denial, just -- and overturned staff's recommendation for approval just because they didn't have enough information to determine whether or not the R-15 zoning district was appropriate for this site. They wanted to see that design esthetic and how would those homes front on that street and they just didn't have that presented to them, so they did forward that recommendation on to you. De Weerd: So, Bill, why didn't they continue it? Parsons: Based on the public hearing the applicant stood up and said I'd rather go forward with a denial. He did not want to be continued and delay this project. De Weerd: That's crazy. Matt, that's crazy. Meridian City Council July 21, 2015 Page 17 of 36 Parsons: And so the -- I guess we have three outstanding issues for you this evening. First being that sidewalk on the north side of the road, again, it's in your purview if you want to take action on this for approval tonight we -- the applicant and ACHD would support that being gone -- or eliminated if you supported that -- the city supported that. Second item would be the applicant, as requested, although they are doing it as part of a private amenity in their rebuttal to the Commission recs, the applicant has requested that the city maintain that private amenity. I did have a chance to speak with the Parks Department, both Planning and the Parks Department. I believe that this is a private amenity on a private common open lot and it should be maintained by an HOA, not the city's responsibility. Also we do not support that request from the applicant and, then, again, the third -- the third item that you need take under advisement this evening is whether or not you want the access to be -- the homes be accessed from the side or have the sidewalk connections in front of the existing homes. Because the Planning and Zoning Commission did recommend denial this evening I don't have any recommended DA provisions to share with you, because all of those conditions have been removed from the staff report. So, I will conclude my presentation and I'd stand for any questions you might have. De Weerd: Thank you, Bill. Council, any questions of staff? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: And maybe you said, Bill, but the reason that the R-15 zoning is being asked for with the five dwelling units instead of R-8 -- is that setbacks or what is the -- what is the reasoning for R-15? Parsons: Yeah. Madam Mayor, Members of the Council, the R-15 zoning district allows them to plat smaller lots and gives them -- allows them to get this density on the property. So, it gives them relief from the dimensional standards that would otherwise be required for the R-8 zoning district. So, under the R-15 zone the minimum lot size is 2,400 square feet. In the R-8 zone it's 5,000. Milam: Okay. Thank you. De Weerd: And the setbacks are -- Parsons: And the setbacks are pretty much the same, except for the front yard. The front yard setback would be 15. In the R-15 zone it's ten feet. De Weerd: Okay. Any other questions for staff? If you will, please, state your name and address for the record. Meridian City Council July 21, 2015 Page 18 of 36 Schultz: Good evening, Mayor and Council. My name is Matt Schultz. 8421 South Ten Mile in Meridian. Here on behalf of Avebury Development, LLC. I was approached last year about Avebury on this piece. It's been sitting vacant for probably about 25 years since Baker developed the surrounding Danbury Fair. I did my research. He developed it in between '92 and '95 in six phases. It was 238 lots on about 63 acres. Comes in at about 3.8 to the acre. This piece was just sold by Dennis Baker last year to Avebury Development. So, Dennis has owned it for 25 years or however long and if he couldn't make it work -- and if Dennis couldn't make it work as L-O I'm not sure anybody could. I'm not sure it's a good location for it, even if the creek was -- allowed better access. With access coming around the back it's certainly not. I'm no expert on marketing, but I don't think it's a good L-O site, light office site. So, we hope you would agree with us that maybe a zone change to residential would be warranted and so the next question is is it R-8, which is what the surrounding subdivision is or is it R-15. Staff actually suggested we should look at R-15 back when we first met, but it would allow us -- give us some dimensional flexibility. We have used the same setbacks as an R-8, which is five and five sides, 20 foot garage, and, then, the same in the rear and for some reason we got off track on what's rear and front on this one, you know. And I don't know how it happened. Maybe it's because the product that we suggested -- that I suggested to the developer that they might want to look at is over in southeast Boise and they access off a traditional alley and they have a front porch that's ten feet away from a sidewalk and a road and it's more traditional. This with the ditch and everything else it's not that, so that's why the rear and the front got switched. So, I look at this like all the subdivisions that we have built in the city that back up to -- to collectors or arterials -- this backs up to it -- our rear is what backs up to it. We have a landscape buffer and, then, we front on a road in front of it. In the front is the road we take access from. So, I look at this as more standard. It's not this fronting on Pine -- it's not fronting on Pine. We have rear yards backing up to Pine is what we have. And so I know it came from how we kind of started thinking about using this alley loaded product that works well with an over 200,000 dollar product. It's a two story, instead of a single story, which is what we have around us. All the homes around us are between a thousand and 1,300 square feet. Built 20 years ago. And single story, wide and shallow. Ours are narrow and deep. Between -- we have shown you three product floor plans from this other subdivision that, obviously, a little tweaking on where they enter and, you know, the back door, which they show the front, will be the slide and an entry door. We had to redo the interior. We spent a lot of time on the architecture interior, but we didn't think that was important, we wanted to show you the concept that a house this narrow works and it can work well and it can fit in this area and provide a nice, new subdivision. So, what if we would have done an R-8 here? It would have had probably about 11 lots. They would have been setback to setback, 11 lots, wall to wall, fronting on this road. The reason we have a no parking road is we are pinched. It was a challenging site in terms of dimensional standards that we do provide the required two parking stalls in the driveway and two parking stalls in the garage and the overflow parking was to say, hey, it's not required, but let's provide it. There is a sewer line that goes through there. Let's provide that as an overflow parking for guests and people would take access to their -- to their home like people take access to other homes. They drive into their driveway and they walk -- in this case instead of walking in there, they just kind of come out to the side and come in here. It works well. It's worked in other subdivisions like that. As far as Meridian City Council July 21, 2015 Page 19 of 36 the idea that somehow another sidewalk would be good through here to provide access for people to have to walk around and come in that door, that's what staff's requesting we provide and what we have here -- you got to remember that we are over a hundred feet away from the travel lane of Pine. We are an additional forty feet back further from other subdivisions being approved with a requirement that they articulate the rear. That's what we are asking to be required to articulate the rear and we are 40 feet further from the road than say like Normandy, which you approved last -- on Locust Grove. Because of the ditch, the 25 foot level, your code allows in situations where you have a natural amenity like -- or natural drain like this that requires a five foot street buffer -- everything fits. It meets your code. It meets R-15. We are not asking for any variances, we only ask for a waiver on this sidewalk up here just to give us an extra five feet in the homes. We have a sidewalk ramp that crosses over. If you like that sidewalk in there we could live with that. We are just asking for the waiver. We think it's unnecessary. It's close to existing homes. ACHD supported it. We didn't think it was a big deal. We would rather do that sidewalk than the sidewalk that goes through those yards. Bill, can you put the one up that has the blow up, please? So, we did a blow up kind of showing -- you know. So, say the sidewalk goes through there, that would totally take out what we would like to preserve as a private -- you know, backyard, side yard, open space. We are trying to preserve that for people that buy these so that they can have a backyard or a side yard and not a sidewalk going through their backyard, which is, essentially, what staff's asking for. We don't believe -- if we thought it provided a good amenity and a good esthetic to Pine, we would do it the way you have -- like I said you have got the pathway along Pine, you got the ditch, you got the 25, you got the landscape buffer, you have got the fence and you got a rear yard. Putting in a sidewalk you won't even see it. You won't even see that sidewalk and we don't believe that it provides that -- that look that they are asking for. And our property even kind of -- when we first saying, hey, this is how they have done it in southeast Boise, but it's a different situation where they fronted on the alley with no driveway and they had another road in the front for parking. And in this case we actually have more parking than that site does, better setbacks, nice homes, between 1,400 and 1,700 square feet and meets all the zoning setbacks and we are willing to enter into a development agreement to lock in those R-8 setbacks that allow the three and three side yard, which we want a five and five and they allowed a couple feet in the rear, which doesn't -- doesn't really help us. So, really, what -- why we are asking for the R-15 is to allow an efficient design that fits this specific product that works very well, provide a nice upper end product for a location and we think it's going to be an improvement, it's going to help the neighborhood, and it's going to clean this -- it's going to provide a nice entryway to your city, nice landscape strip and the only reason why we ask Planning Commission to allow staff to review some architectural pictures that we didn't have of the front, which staff called the rear and they said, no, we can't do that and they denied it. We just asked to be deferred to staff. So, it wasn't -- it wasn't as bad as staff made it sound. P&Z did go on the record as saying that they -- they didn't have a problem with the actual density or the layout, it's just they didn't have the document to approve it and we asked that they move us along. If it's your choice to remand us back we would do that. We don't think it's necessary, but if -- if you would do that that would be better than a denial. So, we would ask that you approve us with conditions and delete the requirement for the sidewalk along Pine, except for the portion Meridian City Council July 21, 2015 Page 20 of 36 we are putting across the Danbury Fair HOA property. So, with that I would ask for your approval. Thanks. De Weerd: Okay. Thank you, Matt. Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I appreciate the issue you have with the irrigation district, but I think there is an opportunity here to do something with that. It appears that the common lot encompasses the channel and keep in mind that's a water of the United States, it's not a ditch, in spite of what the irrigation district thinks. They can't put a shovel in that without a 404 permit. I think there is an opportunity as an owner of that property to go to the Corps of Engineers and say, hey, that's a natural waterway and I'm going to object to any permit that you seek to modify or do anything in that channel. I would suggest that you take a look at flipping what you have done and as opposed to a dirt access road, provide a driveway for those units and have the garage off the side of the -- and you probably looked at that, but in my mind that's -- the way it's set up -- I can't imagine living in that situation where I have got five feet of landscaping and I have got a 20, 30, 40, 50 foot weed patch in front of it and I don't know how you're going to address that. So, I guess my question is something needs to be done with the frontage rear or the rear frontage or whatever you're going to call that piece, along the -- along the creek and I believe that the right of way is in the City of Meridian. We need to do something with ACHD to get that right of way cleaned up. De Weerd: It's a mess. Rountree: It needs to be graded. It needs to have the weeds removed. It's need to be made presentable. I'm not saying it has to be landscaped, but it needs to be presentable. You have got piles of material that's been pulled out of the creek just -- the irrigation district just loves to leave stuff as it lays. It needs to be cleaned up. So, so much for -- I have been doing this all day, so I'm not taking it out on you, Matt. De Weerd: We had our budget hearing earlier. Schultz: That explains it. A little bit. A little bit of it. De Weerd: He's trying to cut some stuff out. Schultz: Mayor, Councilman Rountree, I -- we appreciate that, because we want something that -- in my owner's name looks cute, looks good and we have struggled with that, too. We'd like to go landscape it and sort of maybe put some grass in there and some sprinklers shooting out over it to keep the weeds down and -- but you still have the Meridian City Council July 21, 2015 Page 21 of 36 sliver that's in the right of way, like you said, just off the pathway and there is a little hump of dirt and we'd love to work with whoever to clean that up, knock in down -- Rountree: I think that's our job to work with. Schultz: It is, but we -- we want to -- what Nampa-Meridian says is they need a 25 foot from top of back clear. Clear being for their little ten foot road and, then, stay out of it, because it's our biggest ditch that we need to clean who knows how often, I don't even know, and we need -- we talked them down from 28 so we could get this -- this road -- this sidewalk in here. We did that after Planning Commission. We went back to Nampa- Meridian and said are you sure you can't give us three more feet? Because we would really like to put this pathway in, we think it's that important to the overall connectivity -- just not for our side, but for people that are walking through there already today and cutting through this site and going over to the -- the Five Mile Creek Pathway and he said, okay, we will give you three feet. So, we got them down to 25 and everything fits with what he gave us, everything kind of cleared up and fit. But if you put a condition that we work with Nampa-Meridian to sprinkle that and keep some kind of grass or some kind of landscaping -- low maintenance landscaping to make that look nice we are all for it. We want to do that. We are not saying, hey, it's not our problem. Because it's a common lot. It really is the common lot for the HOA. Nampa-Meridian has an easement through it, but it is our common lot. So, the HOA does have maintenance responsibilities. De Weerd: Any other questions or comments? Rountree: Madam Mayor. How are folks from the adjoining neighborhood going to access the pathway? Schultz: Mayor, Councilman Rountree, right now there is two -- two stub streets as you see that end in a -- the HOA put a fence across those to keep people from going out and driving through there and making a mess and so they -- there is a little gap in the fence and they walk through there now just to get in the field, but they would just kind of keep -- come on down, we have a sidewalk right here -- it's covered by those trees, that's why you don't see it. Or they can come over this way and tie in. So, there is two different -- there is a crosswalk there and a crosswalk there as well. So, that is how the neighborhoods get through over to there and we provide for that kind of activity in our preliminary plat and our landscape plan. Rountree: Now, is there access to -- excuse me, Mayor. De Weerd: Uh-huh. Rountree: Is there access on the east side to that little bridge or is that a private property issue? Schultz: Mayor and Councilman Rountree, I think they are here tonight -- I apologize, I can't remember their name. But they have got a tremendously landscaped fence, front Meridian City Council July 21, 2015 Page 22 of 36 yard in this area here that I'm sure the reason why we put a pathway out on Pine, I'm not sure, but we don't want anything to continue through right there. I mean it's nicely done what they have got there on that side of the ditch bank. Rountree: Final question, Madam Mayor? On the -- on the east side there is -- it looks like it's part of your common lot. There is some kind of infrastructure there. Is that irrigation or -- Schultz: Yeah. Mayor and Councilman Rountree, what we have out there is an existing Nampa-Meridian pump station square right there that feeds Danbury Fair. And this layout was based on those homes being 60 feet deep and so this kind of pinched kind of there to where we -- we had to leave that lot extra wide. We shortened the house up. We could move that house more in the middle of that lot, but we just show it as a common lot. Nampa-Meridian said they did not need -- they did not need an access through there. So, again, we are trying to avoid -- and it's just not a cost thing, like I said, it's about maintaining that private rear yard for our homeowners. I think it's a selling point. I think it's a good thing. It's just a cut through sidewalk through those backyards. We were just trying to avoid that and to maintain good access for everybody, so -- De Weerd: Any other questions? Okay. Seeing none -- Mr. Borton? Borton: No. De Weerd: Okay. Well, we will catch you after the public testimony. Schultz: Thanks. De Weerd: Thank you, Matt. Okay. This is a public hearing. I did have one other person signed up. Steve Padoris. Signed up against. And I'm sorry if I mutilated your last name. Padoris: You were close. De Weerd: If you will, please, state your name and address for the record. Padoris; My name is Steven Padoris. I live at 978 North Stonehenge Way. De Weerd: Thank you. Padoris: That's about four houses off of Pine Avenue. So, that's the main routes, you know, that people access the subdivision. Myself and several of our neighbors were concerned there is a lot of traffic that goes through there every day anyways and we are concerned with the -- say 15 units at two cars per unit, that's another, you know, 60 cars per day, you know, leaving in the morning, coming back at night, so concerned with the traffic and personally I look at the density -- it seems it's overkill. You have all these two story cracker box homes built on top of one another, it's -- it's almost an eye sore compared to the existing single family homes that are -- that are existing in -- in the Meridian City Council July 21, 2015 Page 23 of 36 subdivision there. So, I -- I just wish there was a way they could access it off of Pine and that would eliminate a whole lot of trouble from Danbury Fair residents and I know that they -- at the Planning and Zoning hearing -- I wish a lot of those people were here. I'm surprised I'm the only one that signed up to say anything, but, anyways, one other thing is along the west end there was some concern about providing some kind of a landscaping buffer between those apartments, since it is two story and the lots on the west there. I don't know if that's a concern or not, but -- I just wanted to put my two cents worth in and see where it goes. Oh. And I guess one last thing is if you guys all approve this I just hope that the developer gets his buying off, you know, to Planning and Zoning, because it just seems like he circumvented in trying to get around their approval by coming to you guys directly, so -- thank you for your time. De Weerd: Thank you. We appreciate you coming. This is a public hearing -- yes, please. Thank you for joining us. If you will, please, state your name and address for the record. Weatherhead: My name is Don Weatherhead. 1049 Petersburg Way, the cul-de-sac right next -- behind there. I -- I'm asking the City Council here to look at this acres and it's probably the most congested, condensed three acres in the whole city; right? I -- I don't know of any other three acres -- or close to it that is this congested and these five buildings over here it's kind of a gray area on how many people are going to live in them and the parking -- I mean it's pretty fair to say a family today has two cars and three and where are they going to park all these car? If they have any guests at all he's saying that these six to eight parking spaces are available -- well, I'm going to guarantee you those five buildings over there are going to take them all. It's not going to be like, you know, there is empty parking, it's going to be jammed packed and if they have any kind of guests at all or -- they are going to be in the cul-de-sac, in our streets. I have suggested to the Council if this gentleman was -- you know, it's obvious he doesn't want to pay any money to cover that ditch and that's what it's all about. I mean I would like to have something that we are proud of. I -- this is terrible. This is -- if the kids are going to be -- they are going to be 15, 20 feet from that ditch. This is terrible. I don't think this gentleman should be allowed to put that much condensed buildings in three acres if -- I don't see any benefit to the city at all. Thank you. De Weerd: I just got a question for you. Right now it's zoned office, which would generate a lot more traffic than having the houses there. Are you comfortable with offices in that area rather than homes? Weatherhead: Well, Mayor, it's -- there, again, it's just a gray area in how many people are going to use it. And the cars, you know. I mean if he could guarantee us, you know, two -- two cars per building, you know, I mean that's I guess livable, but he can't do that. He can't guarantee that. It's -- you know, I -- the way we see it it's just going to be full of cars and they are going to come over to the cul-de-sacs. Cavener: Madam Mayor? Meridian City Council July 21, 2015 Page 24 of 36 De Weerd: Mr. Cavener. Cavener: Don, maybe you can provide some clarification for me. In your neighborhood do you guys currently prohibit people from parking on the street? Weatherhead: Well, you know, I understand, yeah, it's a public street, you know. I mean -- and, you know, we all have a right to park on a public street. But I have been living there for 18 years and it's a beautiful cul-de-sac. Cavener: I live on a cul-de-sac as well. There is some value in that. Sure. Weatherhead: That's the reason why we bought the cul-de-sac is because, you know, we had some degree -- I guess small amount of privacy in a cul-de-sac, but that's all going to disappear if you allow this condensed -- I just don't understand where he thinks everybody is going to park. It's just not there. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: There are two car garages on each one and, then, two more cars could park in front of the house in the driveway. Weatherhead: Right. Milam: So, even though each home may have two cars, there is parking for four, so if I was a guest at their home and there was those two parking places, I would probably park in their driveway. Unless you're having a party and, then, you're going to have a problem. Weatherhead: Yeah. Yeah. And the single family buildings, you know, if they have guests where ever, it's just going to be -- I just -- I think it's a bad -- bad thing for Meridian. De Weerd: Thank you for being here. Weatherhead: Thank you. De Weerd: Yes, please. Good evening. If you will, please, state your name and address for the record. Fern: My name is Gloria Fern and I'm at 1025 North Kildare Place. De Weerd: Thank you. Fern: My house is right here and it's going to face the entry into Avebury. So, my first concern -- my first concern is the landscaping, because my living room will look directly toward the entrance, so I would like to -- I just would like to know what the back of the Meridian City Council July 21, 2015 Page 25 of 36 houses are going to -- how they are going to be landscaped, what kind of landscaping is going to be in the entryway and I would like to see some -- like deciduous trees, so that it would be green all year, it would be low maintenance, bushes, something that would be attractive to look out of my front -- my living room looks out straight into there, because that's exactly what my -- what my scenery is going to be looking straight out there. So, that -- that's the first concern that I have and I -- so, the three lots over to the -- to the east, you know, I would like to know what the backs are going to look like on those houses. So, that would be the first thing. The second thing is the condition of the pavement on Kildare Place is very, very poor. It's -- I would like -- it needs repaired. I would like someone to maybe take a look at that before any of this would start, just so that the street would be in good repair to begin with. You know, maybe it could be resurfaced and -- and in good condition. The third thing is I would like to know where the lighting and the street signs will be placed for this subdivision here and also I am concerned about the additional traffic that is going to be coming in and out of Kildare Place. I back up out of my driveway right there and you're going to have two way traffic coming through there, that's a big concern of mine. I was actually thinking if the traffic came from Kildare Place in the street, all the way up and out through Petersburg as a one way I think that that would take care of a lot of the issue, instead of having two way traffic on both sides on Kildare and St. Petersburg. So, if it could just go in and, then, travel out, I think it would just make more sense. The next thing I would like to say is I would like to see Avebury houses connect to the pathway and it looks like he was talking about doing that, the pathway starting on the east side and, then, going over to the west side and down to the -- to the pathway. So, I really like that concept. I would like to know if there is going to be an HOA that will take care of all the landscaping and everything, so that it is always looking attractive and I do have a concern about the overflow parking as well for -- you know, for the number of trips and the number of cars that will be going in and out of there, but overall I do like the project. Maybe there are too many houses, but I think it is an attractive and nice project. Thank you. De Weerd: Thank you. Is there anyone who would like to provide testimony? Okay. Well, the developer has an opportunity to make final remarks and answer some of the questions that were raised. Schultz: Thank you, Mayor. You know, it's always difficult -- De Weerd: Matt, will you just restate your -- Schultz: Yeah. Matt Schultz for the record. De Weerd: Thank you. Schultz: It's always difficult when you come into a neighborhood that's been on a cul-de- sac for 25 years. What are you going to do? There is no way to make that a good situation for anybody that has a convenience and the privacy of a cul-de-sac -- hey, we are going to punch that through. Well, the fact of the matter is it was always designed to be punched through. It went to -- it went to that property line on both sides. Dennis Baker Meridian City Council July 21, 2015 Page 26 of 36 designed it that way and that's the way it was done and it was at a minimum going to be an office complex. Thank you, Mayor, for pointing that out, that there is probably more traffic with an office complex than with a single family residential neighborhood. I don't have those -- those numbers, but I think anymore traffic is going to, you know, not very good for these neighbors, so I apologize, but they are public roads, they were designed for way more traffic than 15 lots. Capacity isn't an issue. ACHD -- wasn't even an issue and so from a traffic standpoint we just feel like we should be able to connect to those two streets. We have done it in a way that's efficient. Looping. It's good for emergency access. It has two points of connection, looping water -- these are all positive things from a planning standpoint, although our neighbors don't like it, but it is only 15 lots. I know it sounds like a lot, but it is only 15 lots. It's a very small portion when we just approved several hundred on this one and 110 on that one and Avebury is a very small piece. It's only five to the acre. From a density standpoint how we judge -- how we judge development, it's one -- I want to point out from the existing subdivision around us, it's a good transition from a density standpoint it's not bad. As far as landscaping, we have a landscape in front of you. If it so be that we need to condition another tree over here in the corner, we have got this right here -- that's easy to do. There will be an HOA. We are -- the developer is -- we have talked about having them making all -- all yards low maintenance, or they do the maintenance all the yards, including the common areas. So, the HOA for sure will maintain even the ditch as far as we can within whatever they will let us do to make that look good. We want it to look presentable for everybody along there. And in addition these -- these 20 trees or so here would be great along there. I think that would be a good -- a good improvement. As far as parking goes we -- we meet the parking requirement. We don't -- we are going to strictly enforce the no overnight parking, no, this is not for your extra car parking, this is for guests only. If you have a party or if -- you know, something like that, but to have nine extra -- have everything full on a daily basis just won't happen for this 15. It just will not. The people that buy these homes are not going to have three cars and the big trucks, it's just -- this is not going to be where they are going to buy and we are going to do the best we can for the HOA to regulate the parking in there. Can we prevent everybody from parking over in this cul-de-sac? If we see it we are probably going to regulate that, too, and say, hey, parking is here. But it is a public road. Parking is allowed. You know, we don't want to abuse that, we don't want to, you know, burden the neighborhood, but if there happens to be one car in a big event that goes and parks within the stub street over there, I think that would be okay. You know, it's not that we are going to rely on that, that's why we put in the parking lot. It wasn't required that we put it in. We knew this issue would be a big debate. So, hope we have done enough towards that end. Good architecture. I think we are going to increase property values out here with what we are doing. It's modern. Current. Be nice finishes. We tweaked a little bit of the interior architecture to meet our access, but -- and we concur there is that one elevation that is real flat. It was the biggest one, so it comes all the way out to the front, instead of being recessed back and there is ways to clean that up, too. But, like I say, we don't like anything that even remotely looks like that, we say neither do we, but we just provided you the three options that were provided in this particular subdivision in Boise to show you the sizes of homes that could be fit on what is, admittedly, a pretty narrow lot, but it works and it works within your sub acts, it works within your zoning ordinance and it works within your regulation and so with that -- if you Meridian City Council July 21, 2015 Page 27 of 36 have any inclination of denying this, we would gladly go back to the Planning Commission if it crosses your mind, but we'd rather move forward with what we provided tonight and -- but if that's your -- we don't want a denial, we'd rather go back to Planning Commission if you think that's important. We respect the Planning Commission. I talked to one of the members afterwards and it was -- you know, it wasn't contentious, it was -- it was just one of those things. So, with that we stand for your hopeful approval. Thanks. De Weerd: It was a central piece of information for our citizen commission and also for the neighbors to know what your plans were. That's why it's essential. Schultz: We explained it. We sent up these pictures right here. We had the other pictures -- it was so hard at the time to get in there because of the alley in this particular situation -- our product is 20 feet from the back, you couldn't get a picture -- we didn't have this picture. That's what we didn't have. De Weerd: So, Matt, where is the lighting going to be? Schultz: Thank you, Mayor. I forgot. I was going to answer that question. On each corner as you come in that would probably be where the lighting is, considering there is a street light required every 250 feet or so in the City of Meridian is generally where we put them and it's about 250 to 300 feet, depending on where the other ones are in the subdivision. So, they require spacing every 250 feet to provide proper lighting. And they are down lights. They are the shoebox types. They don't go out, they go down. They are very subtle. In my opinion they are not offensive lighting that we have in the City of Meridian. De Weerd: And how is the lighting behind? I -- the lighting is a concern because of the -- the isolated location this is. Schultz: Mayor, I don't know where the existing lighting is in that cul-de-sac, but if there is one right at the beginning of the cul-de-sac we won't put one right next to it, we would space it, you know, over down on ours and face towards us and not towards those neighbors. There might be two lights at most. There is probably only one light that goes in this whole thing, just because of your spacing requirement of what's needed. Unless the city wants more and we would provide more, but -- De Weerd: And would you put any yard posts light type of amenity there? Schultz: Typically a lot of the homes require a -- you know, the porch or the front on the garage, a light there, is where it would be is on the actual house itself will be a light and an address right there on the house that fronts Avebury. De Weerd: Only if they turn it on. Schultz: Only if they turn it on, yes. Or it could be, you know, automatic, too. Yeah. Meridian City Council July 21, 2015 Page 28 of 36 De Weerd: Council -- oh, so what are the size of the homes? Schultz: The homes that we have shown you that sit on this same size lot range from 1,300 to 1,700 square feet. We -- in our narrative we said, hey, we want the flexibility, maybe we will do some 1,200s, maybe we will do some seven, 1,600s, in that range, but surrounding us out there is a thousand, 1,300. If you look at the 30 home surrounding us they are about a thousand, 1,300 square feet is what's out there. Ours are just two story and they are one story. Everything around us is -- 99 percent is one story and we are two story in hitting that square footage. De Weerd: Okay. Council, questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'd like to go back to the front elevation slides. Well, the actual photographs I think of -- conceptual -- conceptual photos I think is what -- there we go. So, this is the front -- this is similar to what would face Pine? Schultz: Yes. Mayor -- Milam: Except that it won't have sidewalks -- Schultz: If I could draw a line on here, Mayor, Council Woman Milam. This will be about where we have a six foot wrought iron fence. This will be our five foot, you know, trees along here and, then, we -- and, then, from there we go out and go into the -- the ditch access, the ditch, the right of way, and so we will have actually a fence along here -- this is kind of cool. I have never drawn this much on these. But -- it's a nice tool. But -- yeah. So, generally have a fence and a screen and this will be -- we would not have this -- this here. We still want a back porch. You know, we -- we maintain the articulated nice appearance of that façade, but this would not be the primary entrance. This would be a rear -- a rear patio, if you will. Milam: And there are no fences in between either? Schultz: The fencing that we -- Milam: Just the wrought iron? Schultz: There would be fencing to the corners. So, every lot would have private -- private open space -- or private yard connecting -- and Bill touched on it briefly. With these -- with these narrow lots it's good to be able to utilize the side yard. Typical lots have a five foot side yard with a fence right down the middle. You can't really use it. It's rocks, you know, there is an AC unit. In this case we are not going to have them going down between the lots, we are going to have an exclusive use easement for the one Meridian City Council July 21, 2015 Page 29 of 36 house and all these homes are designed to utilize the five feet of the next guy and the five feet of the next guy as their own space and if you look at the side elevations, the windows are oriented to provide a measure of privacy with that -- that concept and so the fence will come off the back of the house on the one and that will be the user -- used by the other one and so on all down the line and so this is specific layout and the architecture has been adapted to fit in a way that we usually don't get so detailed and so microscopic. So - - and it works and it works well. You can actually use that side yard. That's why we want the five and five, that's why we want the ten, we don't want the six foot, three and three, so it can be usable without a fencing going down the middle, so -- Milam: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I agree with changing this out of being an L-O. I don't see that as being appropriate for this location. Residential makes much more sense to me. This certainly is a challenging piece of property to the say the least and I have been pleased in the past that you have come up with creative solutions. This one isn't working for me, unfortunately. I guess explain to me some of the economics of why you would choose this, as opposed to say what looks like could be six or seven of the same kind of thing that's already in the neighborhood. If you divided this into seven lots and put the same kind of house that's already there, why do you make the decision not to do that and to go with something like this? Schultz: Good question, Mayor, Councilman Zaremba. If we lay this out as an R-8, which would be consistent with adjacent R-8, I believe ten, maybe 11 lots fit in there. Fifty foot wide. There was talk of -- even staff brought it up -- the road in front of you functions like an alley and that's important, because if it is an alley you can go down to a 40 foot wide lot in your in an R-8 and in which case you might pick up one lot and might go to 12, you know, just because of the geometry of where that parking lot sits and just how it works out, the efficiencies of the layout. So, what we are talking about is a difference between, you know, ten to 12 -- if you look at that as an alley, which ACHD said we don't -- we don't want an alley, we want a road and we will give you a sidewalk one side, the fire department gets their 24 feet wide, plus a five foot sidewalk, we can do that. Okay. That's how we got kind of turned around with the alley thing I think, because that's how we approached it, because the product in Boise does go off an alley. In this case it comes off this road. So, when I presented that the developer said with what we are paying for the land to Dennis Baker and everything else, we would really like to see if we could do this product and we think it fills a market nitch and those extra 20 percent of the lots really make this thing work better than the 12. I'm not going to sugar coat it. You know, it works better for the lot price they can get for the -- even though it's a smaller lot they get almost the same amount as they can for that bigger lot. You know, just the way it works, I guess. So, we presented this and if you recommend that we stick with an R-8, we will stick with an R-8. I mean it's -- it’s a small increase, there would be more lots, yeah, you might -- I Meridian City Council July 21, 2015 Page 30 of 36 just don't see it being a big deal towards traffic or some other things, those extra few lots. It is a big deal to the developer. I will leave it at that. I'm the planner on this one. They have asked me to present this forward and we thought we did. We have applied some architecture that can work and work well and we are shooting for a home price of 200,000, you know, on it. So, I mean it's a pretty high goal, but I think they might be able to get it. Which is good. I mean it's a good price. And so what they built 25 years ago, Councilman Zaremba, it was a -- you can see it on the aerial, it's almost the same house, almost, turned sideways. Not quite. You know. And it's single story. It's short and wide where ours is narrow and deep. So, it's almost that same product turned sideways with a garage -- and so from a square footage standpoint ours is actually bigger than what they have done, it's just they have got bigger yards, obviously. That's the difference is the bigger yard. But that's how they did it 20 -- 25 years ago, so -- I don't know if I answered your question or not, but that's what I have. Zaremba: It helps. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Matt, it's pretty evident that you guys put in a lot of thought into this project. It's different especially for that area and maybe you touched on this or maybe Bill mentioned this and I blocked it out, but can you explain to me what's preventing you guys from doing that sidewalk along the -- I guess what is the -- the Pine facing -- De Weerd: Rear. Cavener: -- rear -- front-rear. Schultz: Rear. Thanks, Mayor. Mayor and Councilman Cavener, space. Really, this thing just works with the 25 foot requirement, the five foot required landscape, the setbacks to this product that is generally about 59, 60 feet deep. It just -- and it gets better as you go from -- it's really tight down here and it loosens up as you get west and we get an extra ten feet as we go that way. So, it's the space of putting that sidewalk in there and Bill did touch on it briefly, that if we did put it in there we would have to go across the lots themselves instead of in the common lot or make that common lot deeper and we felt with the access to the homes here that provided the sidewalk access to those homes redundant and wasn't necessary to have that out on Pine, especially being so far set back from Pine. It's -- it's a long ways, you know, setback. It's further than you think. So, it was space and we wanted to maintain privacy to each individual back yard and a sidewalk would cut through them and people would be walking back and forth. Wanted some private space for these, so it's more of a marketing thing. We wanted to sell this as, hey, this is your lot, you have private space. It's not that big, but it's private. Cavener: Thank you. Meridian City Council July 21, 2015 Page 31 of 36 De Weerd: Any other questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Matt, do you know where the kids living in these homes would attend school? Schultz: Mayor, Council Woman Milam, I do not know. We have not researched that. That's a good question, though. I should have. Bird: Meridian Elementary. Milam: Is it Meridian Elementary? Rountree: Lewis & Clark. Milam: Or Lewis and -- yeah. Lewis & Clark. Schultz: There is a bus stop out on Pine east of here. In the last hearing we heard about the bus stop over there. Where the main entrance to Danbury onto Pine is east of here. Milam: Madam Mayor, follow up? So, one of the things that we are very concerned with is making sure that they have a safe access to get to that bus stop for school. If they are not walking to school, then, they would have safe access to where they get to go to school. Schultz: The same access all these homes in here have we will have out the same way. De Weerd: It actually gives kids better access out to Pine. Well, I guess you can go through an empty lot. Schultz: That's what they do now. Maybe. I don't know. You have trails -- a little goat trail through there. De Weerd: Anything further from Council? With your rear-front elevations you have carried on a theme that's across the street, a little bit further down, with the alley loaded product and that's -- I have gotten a lot of comments from people that that has added a -- a nice dimension to the downtown and so was that purposeful in bringing that same look down onto this site? Schultz: Mayor, I have driven down Pine a lot over the last 15 years and I have noticed -- I'm not sure when those were built, so I don't know if it's the same thing -- I thought, oh, that's kind of nice. You know, it's a nice -- they are set pretty far back. The big yard. But they actually have access to the road in front of them there. So, yeah. The owner actually approached me and said, hey, what if we do duplexes, what if we do four-plebes Meridian City Council July 21, 2015 Page 32 of 36 on this and I'm like let's try single family residential first and so we followed -- and that's why I steered him towards -- why don't we look at the southeast Boise product by Barber Park and they have got pathway access down to the river and all that. But let's try that and I got them kind of convinced that, you know, let's go with the single family detached and it works on a narrower lot, which would help us with some density and to provide them nice esthetic to the road you're facing. We don't think providing a sidewalk adds to that esthetic. I think you're going to get the esthetic there whether there is a concrete piece that cuts through backyards or not, you're still going to get that two -- second story esthetics, you're going to get a row of trees. The sidewalk to us is just a -- it just doesn't add anything, in our opinion. Except for take away a private backyard, so that's our opinion, respectfully. De Weerd: Okay. Okay. Anything further from Council? Okay. Thank you, Matt. Schultz: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just a comment. I don't have issue with the zoning, but at this point, with the information I have seen, there is too many, well, if we cans or maybes or we can'ts or whatever on the preliminary plat. I'm kind of in the same boat as Mr. Zaremba was and it just doesn’t set well. So, that's kind of where I'm going. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: As to some of the specific issues in questions that came from the Commission, the provision of pathway access only on the southern portion and not the northern portion of Avebury Way, I don't have a problem with that. It seems like that's one of the accommodations that developing on this challenging lot could be appropriate and I give the developer and Matt a lot of credit trying to make something work on this challenging lot. So, that component I don't have a problem with, along with the parks and planning I don't see any need or desire for the city to maintain any portion of the pathway on that western portion. That seems to have been conveyed pretty clearly. But to Councilman Rountree's comments earlier in the application about it truly is a great opportunity with this project to answer some of those maybes and maybe we could with regards to the Five Mile Creek, the use of the access road, the ability to green it up and make it truly a more visual amenity than an eye sore that it might otherwise be will be really helpful and it can give at least for me a lot more comfort in seeing how this could be a successful project. I think it would at least need to be remanded to P&Z for them to address that and also have them receive the information they didn't receive before to consider if that's possible. Meridian City Council July 21, 2015 Page 33 of 36 De Weerd: Well, I would agree that that area needs to be cleaned up. It's not only an eyesore, I think it's a real fire danger to that subdivision period in the condition and you have already seen the neighbor to the east of that property does maintain their -- their lot very nicely and has really set a standard. I just wanted to make a comment to the neighbors. You cannot tile that ditch. That is -- that's a waterway and the irrigation district would never allow that. It -- I don't even think it's an irrigation facility, it's a drain and a floodway. So, it can't be tiled. So, the developer has -- has done a lot with what has been presented to him. Matt, did you have a comment? Schultz: Thanks, Mayor and Councilman Borton. Yeah, for sure, we will go back to Nampa-Meridian and twist his arm one more time. We got three feet out of him. Let's see what else we can get out of him on keeping that thing potentially -- maybe we can put sprinklers out and spray out there and maybe keep that green. That's something that this developer would like to do as well. Make it look nice for everybody. De Weerd: And it would minimize the hazards that it would present the homes. Schultz: So, whether it's remanded back to Planning Commission, which we are totally okay with or it's continued until we get some answers from Nampa-Meridian, however you would like to structure that we can do that as well and, you know, promise to go meet with Greg Curtis. He's a reasonable guy, but he kind of draws a line sometimes, but I think if I twist his arm maybe we will get a little bit out of him. I will be able to green that up and do something with it. So, thank you. That's all. Parsons; Madam Mayor? Zaremba: Madam Mayor. De Weerd: Take responsibility for cleaning the ditch, too. That might give you some points. Mr. Zaremba. Zaremba: If you're going to be contacting Nampa-Meridian Irrigation District again the city has been successful in making arrangements with them to co-locate their ditch riders paths and some of our pathways. I'm wondering why you're having to build a separate sidewalk six feet from their ditch rider access and if you might not be able to work out putting a pathway on their access. Schultz: Yeah. Mayor de Weerd, Councilman Zaremba, you would think that that might work. However, Nampa-Meridian, with all of your facilities where you have a pathway on one side -- in this case we have a pathway out here, they want the other side just open, don't get in our way, our big equipment is going to come here, big track hoe, on a low boy, you know, we got to get in there and we just -- we just don't want anything in our way that could be damaged that we would be responsible for. We want to get in there and do what we got to do and not be responsible for any -- any sidewalks we might damage or things like that and Greg claims this is their biggest facility they maintain, you know, the Five Mile Creek, so it's very, very important to them to provide the 25 feet, which I think is overkill, Meridian City Council July 21, 2015 Page 34 of 36 you know, of access, but that -- I got them from 28 to 25, that's the best I could do and that's the reason. The reason is goes right to the 25. We wanted more and I pushed him back to his easement, but -- but I don't like to get sideways with them, because they can shut you down, but -- so can you guys, but we want to appease everybody as best we can. But, no, he said you have got yours, we want ours on the other side and that's why -- how they do it that way. De Weerd: Well, I think the pathway on Pine is a temporary solution and they are going to be improving that in the next two years, so he may want to -- to get the plans from ACHD, the city, for what is envisioned in the area. But I would add, Matt, that depending on what Council does with this, I think that there needs to be some kind of local pole lighting in both the far west and the far east to light up those areas. Schultz: Here, here and down here as well? De Weerd: Uh-huh. Schultz: On the very end down there? De Weerd: And not shining it into the neighbor's backyard, but some kind of a front -- or a front yard post light type of thing that will cast some -- some light in that dark area. Schultz: We could put just a standard city light back in this corner back here, too, shining into our site, not behind us, you know, on the end of the driveway. That would be appropriate I believe. De Weerd: Yeah. Maybe. You'd just have to show whoever is going to next look at this, whether it's City Council or Planning and Zoning, so the neighbors can see what the plan is for that, too. And if there is a way to denote an obvious pathway from -- what is that, Petersburg? What is it, Petersburg Way? Because I agree with Mrs. Milam when she mentioned that it would be a way that -- to get kids to Pine in a safe manner, but they need to know where they can walk and it would -- I think probably a good idea to show them -- guide them where they are supposed to walk, instead of finding their own way and so you might want to show that as well, if you can come back to some body. Schultz: We will be back to some body. Hopefully. De Weerd: Any further questions for Matt? Okay. So, what's your pleasure? Oh. And better landscaping, knowing how it looks as you come into your area, too. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Matt, you know, brought up a point of just continuing this with Council, which I'm comfortable with. More to the point was just to keep this active. I think there is enough Meridian City Council July 21, 2015 Page 35 of 36 potential here to continue to work and in light of Matt's comments there is a desire on the developer's end to do so as well. So, if it's continued with Council I don't -- I'm comfortable with that, too. De Weerd: Okay. Do you want to continue it to April -- or April -- I'm in the wrong month. August 8th. The 4th we do not have a meeting and the 11th is a workshop. Bird: Does that give them time? Borton: Madam Mayor, if that's -- if that gives them enough time -- you know, I think those discussions and the deliverables of specifics with the irrigation district are really important, so if August 18th is good -- no good. Bird: How about the 25th? Zaremba: Madam Mayor, I didn't hear that. De Weerd: He cannot do the 18th, so they are looking at another date. The 25th? Borton: There is a 25th? I thought you said there is not -- Rountree: No. There is not a 4th. De Weerd: Yeah, there is a 25th. There was no 4th. Rountree: No 4th. Borton: Oh. Okay. August 25th. Bird: Were you making a motion to continue the public hearing? Borton: Yes, sir. De Weerd: You just made a motion? Borton: Madam Mayor? De Weerd: Okay. Borton: I'm going to. De Weerd: Mr. Borton. Borton: I would move that we continue the public hearings on Items 10-C and 10-D to August 25th. Meridian City Council July 21, 2015 Page 36 of 36 Milam: Second. De Weerd: I have a motion and a second to continue this public hearing to August 25th. I think Council has listed items that they would like to see come back and so I don't need that as part of the motion. But all those in favor of continuing this item to August 25th, please, indicate by saying aye. Any opposed? Okay. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. And so to the neighbors that came, this -- this is continued to August 25th to talk about the pathway system, the lighting, landscaping and the back entry. Okay. So, we will see you back at that time. Thank you for being here. Item 11: Future Meeting Topics De Weerd: Item 11 is -- do you have items to be considered for future agendas? Okay. Seeing none, I would entertain a motion to adjourn. Rountree: So moved. Milam: So moved. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:57 P.M. (AUD REE&OR-9N FILE OF THESE PROCEEDINGS) MAYOR TtI MY de -WEED DATE APPROVED ATT ST: . �� Z- e nuuusr «_..� r CITY CLERK IDRNO 9` Sfj(]l. �w fyrfB °r tle 10.Ep5U �e