City Council Meeting

CITY OF NAMPA Regular Council Meeting November 21, 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 Chris Evenson – Nampa Seventh Day Adventist 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 7, 2022 b. Regular Council Meeting – September 19, 2022 c. Special Council Meeting – October 20, 2022 d. Planning & Zoning Commission – October 25, 2022 e. Council on Aging – October 11, 2022 f. Arts and Historic Preservation Commission – September 12, 2022 g. Arts and Historic Preservation Commission – October 10, 2022 h. Airport Commission – October 10, 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. Subdivision Final Plat Approval of Bodle Farms Subdivision in a RS6 (Single-Family Residential) zoning district - a 5.12 parcel #R3078401000 at 17362 Madison Ave (located in the NE 1/4 of Section 3, T3N, R2W, BM) for Landmark Pacific Development Inc. (SPF- 00218-2022). Original concept: 20 single-family detached lots and 2 common lots. 1-4. Authorize Public Hearings a. 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 to be considered by City Council on December 5, 2022. Page 1 of 8 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting November 21, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* b. 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) to be considered by City Council on December 5, 2022. 1-5. Authorize to Proceed with Bidding Process a. Authorize the Engineering Division to proceed with formal bidding process for the 11ᵗʰ Ave N & Cherry Lane Mainline Extension project. (Approved in FY23 Budget) 1-6. Authorization for Execution of Contracts and Agreements a. Authorize Mayor and Public Works Director to sign Task Order for attached Scope of Work (Exhibit B) with Consor Engineers, LLC to provide design services for the Happy Valley Irrigation Gaps project in the amount of $67,569.00 (T&M NTE). (Approved in FY23 Budget) b. Family Justice Center requests authorization to apply for a continuation of the National Children's Alliance Direct Core CAC Services Grant. There is no match required and the initial application was approved by City Council in Spring 2022. The amount of the continuation request will be $49,999.58. (Approved in FY23 Budget) c. Family Justice Center requests authorization to apply for the Byrne Justice Assistance Grant (BJAG). This is the third continuation year of the Grant's 3-year cycle. The amount of the request will be $74,069.00. (Approved in FY23 Budget) 1-7. Monthly Cash Report a. October 2022 1-8. Resolutions a. None 1-9. Licenses for 2022 a. Alcohol Renewal • None b. Alcohol New Name Address Type Points OVG - Idaho Center* 16200 Idaho Center Blvd On Premise Beer, Wine & Liquor 0 OVG - Civic Center* 311 3rd St S On Premise Beer, Wine & Liquor 0 * Contingent upon issuance of State and/or County Licenses and/or NPD Background Page 2 of 8 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting November 21, 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. Miscellaneous items a. None 1-11. 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 (4) Agency & Commission Reports 4-1. None (5) Staff Communications 5-1. Planning & Zoning – Third Quarter 2022 Density Report (6) New Business 6-1. Action Item: Authorize Mayor to sign Memorandum of Understanding between the City of Nampa and Nampa Highway District No. 1 to create a corridor management plan for Robinson Road from Deer Flat Road to Franklin Road. (Approved by Legal) 6-2. Action Item: Adopt the East Nampa Access Study as amendment to the Transportation Master Plan and Direct staff to utilize its Figure 3 as the refinement of future transportation routes in the East Nampa area. 6-3. Action Item: Authorize Mayor and Public Works Director to sign the contract for the Irrigation Pump Station SCADA Control System Upgrades project with Advanced Control Systems, LLC in the amount of $145,102.00. (Approved in FY23 Budget) 6-4. Action Item: Authorize Public Works Director to sign Professional Services Agreement between the City of Nampa and Precision Engineering for the Cherry Lane Rebuild and Widening (11th Ave N to Idaho Center Blvd) project, Key No. 22438 in the amount of $436,846.00 Time and Materials Not to Exceed. (Approved in FY23 Budget) Page 3 of 8 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting November 21, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* 6-5. Action Item: Consider the request for Encroachment Agreement by Nampa Christian Schools, Inc. for encroachment of two monument signs within the W Orchard Ave public right-of-way. (Approved by Legal) If approved, authorize Mayor to sign the Encroachment Agreement (Exhibit D) on behalf of the City with the following conditions of approval: • Signs shall be located to meet Nampa City Code requirements for Vision Clearance. Final location to be approved by the Nampa Engineering Division. • Signs shall be offset at least 4’ from any City owned public utility main. • Trees within the right-of-way may not be removed or requested to be removed due to the sign location. 6-6. Action Item: 1st reading of Street Naming Ordinance for East Sky Hawk Lane. 6-7. Action Item: Authorize Mayor to sign amended contract with Nampa Police Protective Association. (7) Public Hearings 7-1. Action Item: Zoning Text Amendment request to change portions of Nampa City Code in Title 10 Planning & Zoning, (ZTA-00027-2022) including changes to the following sections: 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 November 7, 2022 meeting) Staff has WITHDRAWN Item. No action will be taken. 7-2. Action Item: 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. 7-3. Action Item: APPEAL by Jeannie Wilkerson of the 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). Page 4 of 8 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting November 21, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* 7-4. 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 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). 7-5. Action Item: 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). 7-6. Action Item: Request City Council authorize Parks and Recreation fees as submitted that include Option 2 golf fees. Fees may include increases to the Recreation Division, Parks, Recreation Programing, Cemetery, Harward Recreation Center and Golf. All Parks and Recreation fees are listed for review, but not all fees are proposed for an increase. (8) Unfinished Business 8-1. Action Item: 1st reading of ordinance for 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) (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) Page 5 of 8 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting November 21, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* 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) 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) Page 6 of 8 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting November 21, 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 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) 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 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 Page 7 of 8 *Or as soon after 6:30 PM as each matter may be heard  CITY OF NAMPA Regular Council Meeting November 21, 2022 City Hall – 411 Third Street South Livestreaming at https://livestream.com/cityofnampa Regular Council – 5:30 PM Public Hearings – 6:30 PM* 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) (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 5, 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 8 of 8 *Or as soon after 6:30 PM as each matter may be heard