City Council Meeting

CITY OF NAMPA Regular Council Meeting December 5, 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 Meggan Manlove – Trinity Lutheran Church 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 – November 21, 2022 b. Special Council Meeting – November 17, 2022 c. Planning & Zoning Commission – November 15, 2022 d. Design Review Committee – October 17, 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 for Reflections Edge Phase 1 Subdivision; two parcels totaling 9.07 acres (#R3239201100 & R3239200000) at 0 & 0 E Railroad St in the RS4 and RS7 (Single-Family Residential) zoning districts, located in the NE 1/4 of Section 36, T3N, R2W, BM; for KB Homes Idaho, LLC (SPF-00220-2022). Original Concept: 40 single-family detached residential dwelling units and 2 common lots. • Subdivision Final Plat for Middlebury North No. 1 Subdivision at 0 Midway Road (Parcel #R3279800000); totaling 20.5 acres (located in the S 1/2 of Section 13, T3N, R3W, BM) for Kent Brown representing Endurance Holdings LLC (SPF-00219-2022). Original Concept: 62 single-family detached dwelling units and 12 common lots. b. Short • Subdivision Short Plat approval for West Orchard Apartments in an RML (Limited Multiple Family Residential) zoning district at 428 W Orchard Ave (a 1.19 acre parcel #R0966501000, located in the SW 1/4 of Section 16, T3N, R2W, BM) for Blake Wolf (SPS-00044-2022). Original concept: 3 fourplex residential lots, 1 duplex residential lot, and 2 common lots. Page 1 of 8 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting December 5, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* 1-4. Authorize Public Hearings a. Annexation and Zoning to RS8.5 (Single-Family Residential) zoning district and potential development agreement for 2909 E Victory Rd (a 1.37 acre parcel #R2467400000, located in the NE ¼ of Section 26, T3N, R2W, BM, Nampa), for Olga Sumtsov (ANN-00257-2022). Original Concept: Connect existing residential property to pressurized irrigation service to be considered by City Council on December 19, 2022. b. Development Agreement Modification (Ord. 4582 - July 27, 2021) to specify land uses permitted in the IP (Industrial Professional) zoning district at date of this application, excepting those prohibited in the existing Development Agreement, for the Fuller 84 Business Park addressed as 5350 & 5300 E Franklin Rd (parcels #R3040600000 & R3040601300) totaling 61.62 acres (located in the SE 1/4 of Section 7, T3N, R1W, BM) for Givens Pursley LLP representing RE II Industrial V LLC and RE II Industrial VII LLC (DAMO- 00057-2022) to be considered by City Council on December 19, 2022. c. Request a public hearing on the Nampa Districting Committee’s Nampa Districting Plan for the establishment of City Council districts to be considered by City Council on December 19, 2022. 1-5. Authorize to Proceed with Bidding Process a. Authorize Engineering Division to proceed with formal bid process for the Sherman Elementary Pedestrian Improvements project. (Approved in FY22 Budget) b. Authorize Engineering Division to proceed with formal bid process for the Crushed Aggregate for Chip Seal FY23 project. (Approved in FY22 Budget) c. Authorize the Engineering Division to proceed with the formal bidding process for the Pump Maintenance & Electrical Upgrades FY23 project. (Approved in FY22 Budget) 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 2023 a. Used Precious Metal Dealers Renewals • Security Gold & Silver Exchange, Inc; 1218 N Jacob Alcott Way • Neil Alan Fine Jewelry; 116 12th Ave S • Canyon County Coin, LLC; 1200 1st St S Page 2 of 8 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting December 5, 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. Formal Findings a. Formal Findings: Upholding APPEAL by Jeannie Wilkerson of Planning & Zoning 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) (Approved by Legal) b. Formal Findings: Approving with modifications for sign to be 70’ in height, 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). (Approved by Legal) 1-11. Re-appointments to Boards and Commissions a. Confirm the re-appointment of Myron Smith to the Design Review Committee for a five-year term expiring on December 31, 2027. b. Confirm the re-appointment of Mike Gable to the Design Review Committee for a five-year term expiring on December 31, 2027. c. Confirm there-appointment of Roger Volkert to the Design Review Committee for a five-year term expiring on December 31, 2027. d. Confirm the re-appointment of Chris Veloz to the Design Review Committee for a five-year term expiring on December 31, 2027. e. Confirm the re-appointment of Drew Morgan to the Planning and Zoning Commission for a six-year term expiring on December 31, 2028 f. Confirm the re-appointment of Ron Van Auker to the Planning and Zoning Commission for a six-year term expiring on December 31, 2028 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. (3) Proclamations 3-1. None Page 3 of 8 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting December 5, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* (4) Agency & Commission Reports 4-1. None (5) Staff Communications 5-1. Public Works Staff Report (Tom Points) 5-2. Parks and Recreation Staff Report (Darrin Johnson) a. Forestry Update – Adam Mancini, City Forester 5-3. Development Services Staff Report (Cliff Long) a. Nampa Housing Economic Data Presentation (10 min) – Mike Peña (6) New Business 6-1. Action Item: Request for Reconsideration of the 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). 6-2. Action Item: Confirm the appointment of Kody Daffer to fill a vacancy on the Planning and Zoning Commission, term to expire on December 31, 2023. 6-3. Action Item: Authorize Mayor to sign, (1) Agreement to Waive First Right of Refusal and Terminate Lease with Aero Services Inc. dated January 1, 2007, and (2) Nampa Municipal Airport Land Lease Agreement and Memorandum of Lease with Return to Service, LLC, effective December 1, 2022, for Lot 0640. (Approved by Legal) 6-4. Action Item: Authorize Mayor and Public Works Director to sign the task order for the Water and Irrigation SCADA System Update and Upgrades with Advanced Control Systems, LLC in the amount of $72,125.00. (Approved in FY22 Budget) 6-5. Action Item: Authorize Mayor to (1) sign the Pipeline Crossing and Encroachment Agreement with United Pacific Railroad, and (2) Authorize expenditure of up to $250,000 for UPRR- approved inspection services. (Approved by Legal) Page 4 of 8 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting December 5, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* 6-6. Action Item: Award bid and authorize Mayor to sign contract for the Annual Miscellaneous Asphalt Patch FY23 project with Hess Construction, LLC for $275,000.00. (Approved in FY22 Budget) (Approved by Legal) 6-7. Action Item: Approve and authorize Mayor to sign State-Local Agreement (Design) for 2nd St South Safety Improvements project, Key No. 23833 and authorize City Clerk to sign and certify Resolution for the approved SLA. (Approved in FY22 Budget) 6-8. Action Item: Authorize Mayor to sign Resolution increasing Parks and Recreation Fees that include Recreation Programs, Parks, Recreation Center and Cemetery. (7) Public Hearings 7-1. Action Item: Consideration of an increase in golf fees for Ridgecrest and Centennial Golf Course. (Continued from November 21, 2022 meeting) a. Action Item: Authorize Mayor to sign Resolution increasing Golf Fees at Centennial and Ridgecrest Golf Courses. 7-2. Action Item: Annexation and Zoning to IL (Light Industrial) zoning district and potential development agreement for 16763 Madison Rd (a 3 acre parcel #R310480000, located in the NW ¼ of Section 10, T3N, R2W, BM, Nampa), for Viktor N. Polyakov (ANN-00256-2022). Original Concept: Connect existing personal storage/shop/warehouse to sewer service. 7-3. Action Item: 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 Priority Electric and widening of State Highway 55 right-of-way in a BC (Community Business) zoning district at 0 Caldwell Blvd - fronting Karcher Rd (a .90 acre parcel #R24460010, located in the SW 1/4 of Section 8, T3N, R2W, BM) for Matt Garner representing Priority Holdings LLC - Ryan VanMettee (VAR-00137-2022). (8) Unfinished Business 8-1. Action Item: 1st reading of ordinance for 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) 8-2. Action Item: 1st reading of ordinance and approval of publication of ordinance summary for 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: Page 5 of 8 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting December 5, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* 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 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; and 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. (PH was 11-07-2022) Page 6 of 8 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting December 5, 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) 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) 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) Page 7 of 8 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting December 5, 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 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 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) 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 11-21-2022) (10) Executive Sessions 10-1. Action Item: Motion to Adjourn into Executive Session Pursuant to Idaho Code 74-206 (1)(f). • 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. Adjournment Next Meeting Regular Council at 5:30 PM – Monday, December 19, 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) 468-5415. 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 8 of 8 *Or as soon after 6:30 PM as each matter may be heard