City Council Meeting

CITY OF NAMPA Regular Council Meeting November 7, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* Call to Order and Pledge to Flag Invocation Craig Hanson – Valley Springs Assembly of God Roll Call Proposed Amendments to Agenda (1) Consent Agenda (Action Items) All matters listed within the Consent Agenda are considered to be routine by the Council and will be enacted by one motion. There will be no separate discussion on these items unless a Councilmember or citizen so requests in which case the item will be removed from the Consent Agenda and placed on the Regular Agenda. 1-1. Minutes a. Regular Council Meeting – October 17, 2022 b. Planning & Zoning Commission – October 11, 2022 c. Housing Authority – September 14, 2022 d. Design Review Committee – September 19, 2022 e. Council on Aging – September 13, 2022 1-2. The City Council dispenses with the three (3) reading rule of Idaho code § 50-902 for all ordinances 1-3. Plat Approvals a. Final • Subdivision Final Plat Approval of Black Butte Business Park No. 3 Phase 2 in an IL (Light Industrial) zoning district - a 9.62 acre portion of 3400 N Black Butte Ct, parcel #R2441300000 (a portion of land in the N 1/2 of Section 8, T3N, R2W, BM) for Kurt Smith representing Ken Sangha (SPF-00206-2022). Original concept: 16 industrial lots and 2 common lots. 1-4. Authorize Public Hearings a. APPEAL of P&Z Commission Approval of a Conditional Use Permit for a Home Occupation of an Automobile or Truck Repair business in a RA (Suburban Residential) zoning district at 2512 S. Powerline Rd (a 1 acre parcel #R2136700000, located in the NW 1/4 of Section 2, T2N, R2W, BM) for Andrew C. Rogers representing Anna Maria and Richard Thomas Rogers Living Trust (CUP-00286-2022) to be considered by City Council on November 21, 2022. Page 1 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting November 7, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* b. RECONSIDERATION: Annexation and Zoning to RD (Two-Family Duplex Residential) zoning district, development agreement, and Subdivision Preliminary Plat for Parker Estates Subdivision at 525 E Greenhurst Rd. (Parcel #R2016300000, a 2.90 acre parcel in NW ¼ of Section 3, T2N, R2W, BM), for Darin Taylor, Subdivision Maker LLC, representing Left Right Center LLC (ANN-00237-2022 & SPP-00106-2022). Original Concept: 20 townhouse units in 10 buildings, 8 single family detached homes, and 3 common lots, a gross density of 10.35 to be considered by City Council on November 21, 2022. c. Variance to NCC 10-16-4.C and 10-16-6.A requiring a minimum 20' structure and parking setback from the primary/front property line; and to NCC 10-33-4.C requiring a 15' landscape buffer; for an expansion of the Karcher Auto Body building and widening of State Highway 55 right-of-way in a BC (Community Business) zoning district at 2302 W Karcher Rd (a .90 acre parcel #R24456007A0, located in the SW 1/4 of Section 8, T3N, R2W, BM) for Jeff Henderson representing Henderson Holdings LLC (VAR-00135-2022) to be considered by City Council on November 21, 2022. d. Variance of NCC 10-23-20 limiting sign area to 300 sq. ft. and sign height to 40' in order to construct a sign 85' in height and an area of 350 sq. ft. in an IP (Industrial Park) zoning district at 0 Fargo Ave (parcel #R3119000000 located in the NW 1/4 of Section 14, T3N, R2W, BM) for Robert Reeder/Lytle Signs representing JoshNik LLLP (VAR-00136-2022) to be considered by City Council on November 21, 2022. 1-5. Authorize to Proceed with Bidding Process a. Authorize the Engineering Division to proceed with the formal bidding process for the Pump Maintenance & Electrical Upgrades project. 1-6. Authorization for Execution of Contracts and Agreements a. None 1-7. Monthly Cash Report a. None 1-8. Resolutions a. None 1-9. Licenses for 2022 a. Alcohol Renewal • None b. Alcohol New • None Page 2 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting November 7, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* 1-10. Planning & Zoning Formal Findings a. Findings for Denial: Request for Development agreement modification rescinding the existing agreement and Zoning Map Amendment of 0 S Middleton Rd (Parcel #R3203001100 and right-of-way totaling 13.13) from BC (Community Business) zoning district to RML (Limited Multiple-Family Residential); Annexation and Zoning to RS8.5 (Single-Family Residential) zoning district for 2.64 acres, Annexation and Zoning to RML (Limited Multiple-Family Residential) zoning district for 13.84 acres for 0 S Middleton Rd (a 16.48 acre parcel #R3203001000), and Subdivision Preliminary Plat for Clearcreek Subdivision and potential development agreement for both parcels totaling with ROW 29.61 acres (located in a portion of the SW 1/4 of the NW 1/4 of Section 29, T3N, R2W, BM) for Challenger Development Inc. representing Endurance Holdings LLC (ZMA-00166-2022, DAMO-00055-2022, ANN-00235-2022, & SPP-00105-2022). Original Concept: 6 single family detached dwelling units, 107 single-family townhouse lots, 23 four-plex lots, 20 common lots, and ROW (a total of 205 dwelling units). (Approved by Legal) 1-11. Miscellaneous items a. None 1-12. Approval of Agenda (2) Public Forum Nampa residents wishing to speak on an agenda (5 person limit) or non-agenda item (5 person limit); 3-minute limit per speaker. Comments related to Zoning and Land Use matters may only be made during properly noticed Public Hearings. • Recognition of Victory Charter Cross Country Team for winning 1A Idaho State Cross Country Championship (3) Proclamations 3-1. None (4) Agency & Commission Reports 4-1. None (5) Staff Communications 5-1. Public Works Staff Report Page 3 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting November 7, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* (6) New Business 6-1. Action Item: Authorize Mayor to sign the amended Exchange Maintenance Agreement and Appendixes A and B, with the inclusion of the vicinity map, between the City of Nampa and Canyon Highway District No. 4. (Approved by Legal) 6-2. Action Item: Award bid and authorize Mayor to sign contract for the Franklin Road Widening- Utilities project to Knife River Corporation–Mountain West in the amount of $2,138,958. (Approved in FY23 Budget) 6-3. Action Item: Authorize Mayor and Public Works Director to sign the Task Order with Brown and Caldwell for Nampa Wastewater FY23 Program Technical Support and Facility Master Plan Update in the amount of $414,608 T&M NTE. (Approved by Legal) 6-4. Action Item: Authorize Mayor to sign the Cooperative Agreement between the Idaho Department of Transportation, the City of Nampa, and Nampa Highway District No. 1 for the State Highway 16, Junction I-84 to US-20/26 & State Highway 44 Project. (Approved by Legal) 6-5. Action Item: Authorize Mayor to sign the TDS Easement Agreement for node cabinet to be located at West Roosevelt Park and Authorize staff to collect a One-time Lease Fee of $4,000.00 for the 500-SF easement. (Approved by Legal) 6-6. Action Item: Authorize Mayor to sign Cooperative Agreement between Valley Regional Transit and City of Nampa for Public Transportation Financial Contribution in the amount of $378,000. (Approved in FY23 Budget) (Approved by Legal) 6-7. Action Item: Authorize the Public Works Department to submit the following projects to the IWRB Regional Water Sustainability Priority List: Wastewater Treatment Plant Reuse Pipeline, System Improvements for Pioneer Irrigation and Copper River Groundwater Storage Project. (Approved by Legal) 6-8. Action Item: Authorize Mayor to sign (1) a Letter of Commitment for each project, and (2) Authorize City Staff to submit applications to the Strengthening Mobility and Revolutionizing Transportation (SMART) and the Advanced Transportation Technology and Innovation (ATTAIN) grant programs. (Approved by Legal) 6-9. Action Item: Authorize Mayor to sign contract with Oak View Group for Food and Beverage Services at Ford Idaho Center and Nampa Civic Center. Page 4 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting November 7, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* (7) Public Hearings 7-1. Action Item: Comprehensive Plan Map Amendment from Community Mixed Use to Low Density Residential, and Pre-Annexation and Development Agreement for Amity Estates county subdivision and a future zoning designation of RS22 (Single-family Residential), at 6823 E Amity Ave, a 29 acre parcel R3073100000 (located in the NW 1/4 of Section 32, T3N, R1W, BM) for Alec Egurrola/T-O Engineers, representing Wade Willers/Amity Storage, LLC. PLANNING AND ZONING DEPARTMENT Page 2 of 2 (CMA-00053-2022 and ANN-00241-2022). Original Concept: 30 single-family detached dwellings and 7 common lots. (Continued from September 6, 2022 meeting) - Applicant has WITHDRAWN project. No action will be taken. 7-2. Action Item: Annexation and Zoning to RS6 (Single-Family Residential 6,000 sf) and BC (Community Business) zoning districts, potential development agreement, and Subdivision Preliminary Plat for Madison Ranch Estates Subdivision at 0 Madison Rd and 0 Highway 20/26 (Parcels #R3425800000 & R3423400000) totaling 108.29 acres in the NE ¼ of Section 27, T4N, R2W, BM, Canyon County), for MRH Homes representing Michael Riggs/Silver Star Development LLC. (ANN-00242-2022 & SPP-00109-2022). Original Concept: 409 single family detached dwelling units, 1 commercial lot, 41 common lots, and ROW (totaling 25.83 acres). (Continued from September 19, 2022 meeting) 7-3. Action Item: Zoning Text Amendment request to change portions of Nampa City Code in Title 2, Chapter 8 Planning & Zoning Commission, and Title 10 Planning & Zoning, (ZTA-00027- 2022) including changes to the following sections: Amendment of Title 2 Chapter 8, Planning and Zoning Commission: Add approval of consent agenda items; Amendment of Title 10, Chapter 1: GENERAL PROVISIONS to remove and replace the chapter with policy changes in Section 2: DEFINITIONS; Section 9: Performance Standards, add residential lighting; Amendment of Title 10, Chapter 2: ENFORCEMENT AND ADMINISTRATION, 10-2-2.b: Planning Application Neighborhood meeting notification recipients, remove Annexation Classifications and reference Idaho State Code; Amendment of Title 10, Chapter 3, Section 2: SCHEDULE OF DISTRICT/ZONE LAND USE CONTROLS, cleanup footnotes and zone references; Amendment of Title 10, Chapter 4: GB (GATEWAY BUSINESS), add specific design review and landscaping standards; Amendment of Title 10, Chapter 8: RS (SINGLE-FAMILY RESIDENTIAL), add 10-8-4 Figure 1; Amendment of Title 10, Chapter 10: RD (TWO-FAMILY RESIDENTIAL), add MDR v HDR language, add lot split language, add 10-10-4 Figure 1; Amendment of Title 10, Chapter 11: RML (LIMITED MULTIPLE FAMILY RESIDENTIAL), add lot split language, add 10-11-4 Figure 1; Amendment of Title 10, Chapter 12: RMH (MULTIPLE-FAMILY RESIDENTIAL), add lot split language, add 10-12-4 Figure 1; Amendment of Title 10, Chapter 13: RP (RESIDENTIAL PROFESSIONAL), add lot split language, add 10-13-4 Figure 1; Amendment of Title 10, Chapter 14: BN (Neighborhood Business), change “building” to “structure” and add in “future known right of way;” Amendment of Title 10, Chapter 15: D-Downtown Subdistricts (Downtown Business, Downtown Village and Downtown Historic), add in “future known right of way;” Amendment of Title 10, Chapter 16: BC (Community Business), change “building” to “structure” and add in “future known right of way;” Amendment of Title 10, Chapter 18: IP (INDUSTRIAL PARK), add specific design review and landscaping standards; Amendment of Title 10, Chapter Page 5 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting November 7, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* 19: IL (LIGHT INDUSTRIAL), clarify street line; Amendment of Title 10, Chapter 21: ANIMAL ZONING REGULATIONS, List small, medium and large animals; Amendment of Title 10, Chapter 22: OFF-STREET PARKING AND LOADING, add 10-22-1.C: Figure 1, clarify bicycle parking; Amendment of Title 10, Chapter 23, SIGNS: Edit sign programs and IL zoning district standards; Amendment of Title 10, Chapter 24,VARIANCE: add in council responsibility, add language to reference “practical difficulty as opposed to hardship”; Amendment of Title 10, Chapter 25: CONDITIONAL USE PERMITS, edit revocation language; Amendment of Title 10, Chapter 26, PLANNED UNIT DEVELOPMENT and MASTER PLANNED COMMUNITY, revise density matrices, add term of approval of a PUD, clarify a circular reference in 10-26-8.A.8 regarding plans v. plats; Amendment of Title 10, Chapter 27: SUBDIVISIONS, remove lot split date in the impact area, revise density matrix, change “townhomes” to “townhouses” throughout, lot compatibility lot size range, modify to only landscape architects for design of landscape plans; Amendment of Title 10, Chapter 30: AREA OF IMPACT, add reference to updated Joint Exercise of Power Agreement for Area of City Impact Between City of Nampa and County of Canyon, Idaho; Amendment of Title 10, Chapter 34: DESIGN REVIEW, add industrial zones, clarify residential developments, clarify primary facades and “facing”, reorganize 10-34-10.A, renumber throughout, add overhead doors that create indoor/outdoor spaces, add durable materials to trash enclosures, add new section 10-34-10.B to address industrial zone design review standards. (Continued from October 3, 2022 meeting) Staff is requesting continuance of “Amendment of Title 10, Chapter 34: Design Review” portion to the November 21, 2022 meeting. 7-4. Action Item: Public Hearing to consider increases in Wastewater Utility Rates and User Fees, and Wastewater Hookup Fees. a. Action Item: Authorize Mayor to sign Resolution implementing Fiscal Year 2023 increases in the service fees charged by the City of Nampa for Wastewater Utility Rates and User Fees, effective December 1, 2022. (Approved by Legal) b. Action Item: Authorize Mayor to sign Resolution implementing Fiscal Year 2023 increases in service fees charged by the City of Nampa for Wastewater Hookup Fees, effective December 1, 2022. (Approved by Legal) (8) Unfinished Business 8-1. Action Item: None Page 6 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting November 7, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* (9) Pending Ordinances (Postponed Due to Lack of Supporting Documentation) Zoning Map Amendment from BC (Community Business) to RS6 (Single Family Residential 6,000 sq. ft.) and Modification of Development Agreement Ordinance #3561 rescinding the conditions for a commercial building to match nearby architectural facades, building orientation, limiting impact of commercial lighting and fencing to the neighborhood, specifying commercial signage, landscaping, etc. for a commercial building at 904 7th Ave N (a .58 acre portion of land in the Sylvan Heights Subdivision in the NE 1/4 of Section 22, Township 3 North, Range 2 West, Boise Meridian, Nampa, Canyon County, Idaho) for James K. Hagen representing Zechariah P. Dean (ZMA 125-20, DAMO 038-20) (PH was 12-07-2020) (with City Attorney for ordinance and DA) Zoning Map Amendment from RS6 (Single Family Residential 6,000 sf) to RP (Residential Professional) zoning district; and potential development agreement, at 3 N Midland Blvd. - Parcel # R1613101000; (a .45 acre parcel located in the SE 1/4 of Section 20, T3N, R2W, BM) for Ronald J Pierce (ZMA 159-21). Original Concept: to allow the conversion of an existing home into a three- bedroom apartment upstairs and two office spaces downstairs (PH was 02- 22-2022) Zoning Map Amendment from BC (Community Business) to IL (Light Industrial) zoning districts, and potential development agreement; at 0 E Chisholm Dr (parcel #R3118700000); located on a 13.10 acre portion of the NW ¼ of Section 14, T3N, R2W, BM) for Jeff Hatch - Hatch Design Architecture representing Brivan Idaho LLC (ZMA-00154-2021). Original Concept: 120,000 sf industrial flex complex (PH was 03-21-2022) Annexation and Zoning to IL (Light Industrial) zoning district and potential development agreement; at 0 & 16989 Madison Rd, (parcels #R3100900000 & R3104700000) totaling 21.09 acres and located in the N 1/2 of Section 10, T3N, R2W, BM) for William Juarez representing Jim Cox (ANN-00227-2021). Original Concept: A partially completed office industrial building at 16989 Madison and construction of a 4,800 sf shop with 3 overhead doors, an office, restroom, utility room and storage on the property addressed as 0 Madison Rd. (PH was 04-18-2022) Annexation and Zoning to BC (Community Business) zoning district, potential development agreement, and conditional use permit for multiple-family residential in a BC zoning district for the Southside Lofts at 2416 & 2424 Southside Blvd (Parcel #'s R211430100 & R211430000, totaling 4 acres in the NW ¼ of Section 1, T2N, R2W, BM, Nampa), for Joshua Hubert (ANN- 00238-2022 & CUP-00270-2022). Original Concept: 84 unit apartments in 6 buildings. (PH was 06-06-2022) Zoning Map Amendment from BC (Community Business) to IL (Light Industrial) zoning district and potential development agreement at 2912 Caldwell Blvd (Parcel # R2046900000); a 35.88 acre parcel (located in the NE 1/4 of Section 7, T3N, R2W, BM) for Jeff Bower/Givens Pursley LLP representing Black Creek Ltd. Partnership & Pleasant Valley Ltd Partnership (ZMA-00167- 2022). Original Concept: Development of a Class A industrial business park with two buildings totaling approximately 670,000 SF. (PH was 08-01-2022) Page 7 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting November 7, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* Annexation and Zoning to RD (Two-Family Duplex Residential) zoning district, development agreement, and Subdivision Preliminary Plat for Parker Estates Subdivision at 525 E Greenhurst Rd. (Parcel #R2016300000, a 2.90 acre parcel in NW ¼ of Section 3, T2N, R2W, BM), for Darin Taylor, Subdivision Maker LLC, representing Left Right Center LLC (ANN-00237-2022 & SPP- 00106-2022). Original Concept: 20 townhouse units in 10 buildings, 8 single family detached homes, and 3 common lots, a gross density of 10.35. (PH was 08-15-2022) Annexation and Zoning to RS7 (Single-Family Residential) zoning district, potential development agreement, and Subdivision Preliminary Plat for La Paloma Blanca Subdivision at 87 S Happy Valley Rd, a 2.38 acre parcel #R24709012AO in the NE ¼ of Section 25, T3N, R2W, BM, for Oscar Diaz (ANN-00247-2022 & SPP-00111-2022). Original Concept: 8 single family detached dwelling units and 5 common lots. (PH was 09-06-2022) Annexation and Zoning to RS6 (Single-Family Residential) zoning district, potential development agreement, and Subdivision Preliminary Plat for Walton Woods Subdivision at 2803 E Victory Rd, a 4.72 acre parcel (#R2467200000 in the NE ¼ of the NE ¼ of Section 26, T3N, R2W, BM) for Jane Suggs - Gem State Planning representing Corey Barton (ANN-00251- 2022 & SPP-00112-2022). Original Concept: 20 single family detached dwelling units and 5 common lots. (PH was 10-17-2022) Annexation and Zoning to RS6 (Single-Family Residential 6,000 sf) and RD (Two-Family Residential) zoning districts, potential development agreement, and Subdivision Preliminary Plat for Seven Maples Ranch Subdivision at 3000 Southside Boulevard, 0, 3204, and 3303 E Oklahoma Avenue (parcel #R2115700000, R2115600000, R2115800000, R2909300000, & R2115601000) totaling 43.05 acres in the SW ¼ of Section 01, T2N, R2W, BM, Canyon County), for Gem State Planning representing Charles Kunerth/Corey Barton (ANN-00252-2022 & SPP-00113-2022). Original Concept: 53 single-family attached townhouse dwelling units, 1 existing single-family detached home, 125 new single-family detached dwelling units, 8 common lots, and 20 qualified open space lots. (PH was 10-17-2022) (10) Executive Sessions 10-1. Action Item: Motion to Adjourn into Executive Session Pursuant to Idaho Code 74-206 (1)(c)(f) and (j). • Idaho Code 74-206 (1)(c), To acquire an interest in real property not owned by a public agency. • Idaho Code 74-206 (1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. • Idaho Code 74-206 (1)(j), To consider labor contract matters authorized under section 74- 206A(1) (a) and (b), Idaho Code. Adjournment Page 8 of 9 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting November 7, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* Next Meeting Regular Council at 5:30 PM – Monday, November 21, 2022 - City Council Chambers ♦ Individuals, who require language interpretation or special assistance to accommodate physical, vision, hearing impairments, please contact the City Clerk’s Office at Nampa City Hall, (208) 468-5426. Requests should be made at least three (3) days prior to the meeting to allow time to arrange accommodations ♦ Any invocation that may be offered before the official start of the Council meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council and do not necessarily represent the religious beliefs or views of the Council in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to participate actively in the business of the Council. Copies of the policy governing invocations and setting forth the procedure to have a volunteer deliver an invocation are available upon written request submitted to the City Clerk Page 9 of 9 *Or as soon after 6:30 PM as each matter may be heard