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HomeMy WebLinkAbout2020-02-18 Regular Meridian City Council February 18, 2020. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, February 18, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also Present: Chris Johnson, Bill Nary, Sonya Allen, Clint Dolsby, Jeff Brown, Mark Niemeyer and Dean Willis. Item 1: Roll-call Attendance: Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: The meeting will come to order. For the record it is Tuesday, February 18th, 2020, at 6:00 p.m. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance Simison: Item No. 2 is Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Adoption of Agenda Simison: Item No. 3 is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: It looks like Item 6-A has been withdrawn. We will approach that when we get there. Other than that I move to approve the agenda as changed -- as presented. Hoaglun: Second. Simison: I have a motion and a second to adopt the agenda as published -- and a second. All in favor signify by saying aye. Opposed nay. The ayes have it. Motion passes. MOTION CARRIED: ALLAYES. Item 4: Consent Agenda [Action Item] Meridian City Council Meeting Agenda February 25,2020— Page 69 of 342 Meridian City Council February 18,2020 Page 2 of 34 A. Approve Minutes of February 4, 2020 City Council Work Session B. Approve Minutes of February 4, 2020 City Council Regular Meeting C. Keep Subdivision Water Main Easement No. 2 D. The Oaks North Phase No. 2 Pedestrian Pathway Easement E. Owyhee High School - Off-Site Utilities Sanitary Sewer and Water Main Easement No. 1 F. Final Order for Millbrae Subdivision (H-2019-0148) by Trilogy Idaho, Located on the NW Corner of N. Black Cat Rd. and W. Cherry Ln. G. Final Order for Oaks North Subdivision No. 5 (H-2019-0137) by Toll Southwest, LLC, Located at 6060 W. McMillan Rd. H. Final Order for Sky Mesa No. 3 (H-2019-0138) by Sky Mesa East, Located West of S. Eagle Rd. and South of E. Amity Rd. I. Final Order for Village Apartments (H-2019-0144) by GFI - Meridian Investments, LLC, Located at 2600 N. Eagle Rd. J. Findings of Fact, Conclusions of Law for Hensley Station (H- 2019-0120) by Northern Land Development, LLC, Located at 462 N. Black Cat Rd. K. Approval of Purchase Order#20-0220 for Community Development Block Grant Project Program Year 2017 - Construction of LMI Sidewalks Around Carlton Ave. to Meridian Development Corporation for the Not-To-Exceed Amount of 67,859.32 L. Approval of Sole Source Purchase of an ASCO Medium Voltage Automatic Transfer Switch for the WRRF from Western States Cat in the Not-to-Exceed Amount of $124,950.00 M. AP Invoices for Payment - 02/11/20 - $84,561.49 N. AP Invoices for Payment - 02/19/20 - $2,426,038.86 Simison: Item 4 is the Consent Agenda. Bernt: Mr. Mayor? Meridian City Council Meeting Agenda February 25,2020— Page 70 of 342 Meridian City Council February 18,2020 Page 3 of 34 Simison: Councilman Bernt. Bernt: I move that we approve the Consent Agenda, for the Mayor to sign and the Clerk to attest. Hoaglun: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, those in favor signify by saying aye. Those opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Simison: Item 5, future meeting topics public forum. Johnson: Mr. Mayor, nobody has signed in. Item 6: Action Items A. Public Hearing for Ascent Subdivision (H-2019-0122) by Schultz Development, Located on the North side of W. Franklin Rd., East of N. Black Cat Rd. 1. Request: Annexation of 5.25 acres of land with an R-15 zoning district; and 2. Request: Preliminary Plat consisting of 9 building lots and 5 common lots on 4.97 acres of land in the R-15 zoning district; and 3. Request: Conditional use permit for a multi-family development consisting of 72 dwelling units on 4.97 acres of land in an R-15 zoning district. Simison: Okay. Then we will move on to Item -- Action Items. Action Item 6-A, public hearing for Ascent Subdivision by Schultz Development, located on the north side of West Franklin Road, east of North Black Cat Road and with that I will open this public hearing. Or do I -- do I open the public hearing in this case, Bill? Open this public hearing with staff comments. Allen: Mr. Mayor, Members of the Council, the applicant just requested withdrawal -- withdrawal on this application and he is not here this evening. Meridian City Council Meeting Agenda February 25,2020— Page 71 of 342 Meridian City Council February 18,2020 Page 4 of 34 Simison: Is there any further questions for staff? If not, I will take any motions on this topic. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we close the public hearing. Do we need to state anything else or close the public hearing? Move that we close the public hearing for a Ascent Subdivision, H-2019-0122. Cavener: Second. Simison: I have a motion and a second to close to the public hearing. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Simison: Do I have a motion on 6-A? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move that we approve the withdrawal of application H-2019-0122. Hoaglun: Second. Simison: I have a motion and a second to approve the withdrawal. Is there any discussion on the motion? If not, the clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. MOTION CARRIED: ALL AYES. B. Public Hearing for Shelburne South (H-2019-0106) by Shelburne Properties, LLC, Generally Located on the North Side of E. Amity Rd., West of S. Cloverdale Rd. 1. Request: Annexation of 29.01 acres of land with an R-8 zoning district, and Meridian City Council Meeting Agenda February 25,2020— Page 72 of 342 Meridian City Council February 18,2020 Page 5 of 34 2. Request: A Preliminary Plat consisting of 99 building lots, 19 common area lots and 1 other lot on 27.9 acres of land in the R-8 zoning district Simison: Item 6-B is a public hearing for Shelburne -- Shelburne South, H-2019-0106 and I will open this public hearing with staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. The first application before you tonight is a request for annexation and zoning and a preliminary plat. This site consists of 27.9 acres of land. It's zoned RUT in Ada county and is located on the north side of East Amity Road, approximately a quarter mile west of South Cloverdale Road. The Comprehensive Plan future land use map designation is medium density residential, which allows for the development of residential homes at three to eight units per acre. The applicant is requesting annexation and zoning of 29.01 acres of land with an R-8 zoning district for the development of 99 single family residential detached homes at a gross density of 3.55 units per acre consistent with the medium density residential future land use map designation. Oops. Sorry. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I know that we interrupted Sonya part way through her presentation. Is it okay, though, if I can ask her a question? Simison: Sure. Cavener: Sonya, do you have visuals for your staff report? Allen: Yes, I do -- Cavener: Okay. Allen: -- Councilman Cavener. Cavener: Mr. Mayor, if you hadn't I would say let's go ahead and continue on, but since you have got visuals let's wait for IT to -- we can't see whatever it is that you are presenting. That's -- Allen: Oh, I didn't know that. Cavener: That's what the clarification is. Because nobody up here is able to see your visuals -- Allen: I thought I wasn't speaking loudly enough. Meridian City Council Meeting Agenda February 25,2020— Page 73 of 342 Meridian City Council February 18,2020 Page 6 of 34 Cavener: No. That's where the kerfuffle came from is we were trying to -- to figure that out, so -- Johnson: Okay. I have got it now. Simison: Sonya, you can continue. Allen: Alrighty. Thank you. A preliminary plat is proposed consisting of 99 building lots, 19 common lots, and one other lot on 27.9 acres of land in the R-8 zoning district. The plat is proposed to develop in two phases as shown on the right there. The proposed minimum lot size is 5,440 square feet, with an average lot size of 6,994 square feet. One access is proposed via East Amity Road and one local street access is proposed from the north once Shelburne East Subdivision develops. One stub street is proposed to the west and two stub streets are proposed to the east for future extension and interconnectivity. Local street frontage is provided to the outparcel, the Bunch-Kirkwood property, and that is right here where my pointer is at the southern boundary of the site for future access upon redevelopment. An access easement is required to be provided to the Williams property and that is this property right here, which is outside the boundary of this plat, via South Selatir Way and that is this street right here, which currently has access via a private lane from the north. The pathways master plan depicts a pathway along the east side of the Ten Mile feeder canal at the northeast corner of the site and that is right here. As this area is not accessible from this development without a pedestrian bridge and it is the east boundary of the city's area of impact, the Parks Department is not recommending a multi-use pathway is constructed at this time. However, a 14 foot wide public pedestrian easement should be dedicated to allow the pathway to be constructed in the future if needed. Instead, the Commission recommended a five foot wide pathway is provided along the southwest side of the Nine Mile Creek from the east to the northwest boundary of the site for future extension and interconnectivity with adjacent neighborhoods and the future school site to the west and you can see here the Nine Mile Creek kind of bisects the site right here. A 35 foot wide landscape street buffer is required along Amity Road, an entryway corridor. There are approximately 30 existing trees on the site that are proposed to be removed. Mitigation is required as determined by the city arborist. A minimum of ten percent qualified open space is required and that's approximately 2.79 acres. The proposed open space consists of half of the street buffer along Amity Road, centrally located linear open space along the creek, a large common area near the southeast corner of the site and parkways, which exceed UDC standards. A minimum of one qualified site amenity required. The proposed amenities consist of a sports court. Pickleball. A shelter with a 20 foot by 20 foot shade structure, picnic tables and a bench, which exceeds UDC standards. Building elevations. These are actually details of the pickleball court and the shade structure. Conceptual building elevations were submitted as shown that depict a variety of architectural styles for the single family residential detached homes planned for this development, consistent with that in previous phases of Shelburne Subdivision to the north and northwest. Homes will range in size from 1 ,600 to 2,200 square feet and a large percentage will be single story. Summary of the Commission hearing. Deb Nelson, Givens Pursley, testified in favor, representing the applicant. No one testified in opposition. Brian Wilson commented on the application. Meridian City Council Meeting Agenda February 25,2020— Page 74 of 342 Meridian City Council February 18,2020 Page 7 of 34 Written testimony was -- was submitted by the applicant in response to the staff report. Written testimony was also submitted from Ann Kirkwood and David Palumbo. Key issues of discussion were the location of the multi-use pathway along the Ten Mile feeder canal. The developer of the property to the east stated that they were required to provide a pathway along the southwest side of the canal in Ada county. The pathways master plan displayed a pathway on the northeast side of the canal. So, there was a bit of a misalignment there. Key issues of discussion by the Commission were as follows: Location of the access easement to the Freeman property via Selatir Lane. Confirmation by the applicant that the amenities in the previous Shelburne and Shelburne East Subdivisions will be shared with this development and will all be under the same homeowners association. Type of fencing proposed in place of wrought iron a five foot open vision lattice top vinyl. Agreeable to a vinyl as long as it complies with UDC standards for open vision fencing, which can't restrict vision through the fence by more than 20 percent. It appears that their detail does restrict vision more than 20 percent. Request for the applicant to consider a different style of picnic shelter that is less commercial in appearance that will fit in better with the design of the homes. Concern from neighbors, the Kirkwoods, pertaining to access to their back pasture. The applicant agreed to install a gate in the fence for access to the pasture via Grayson Street. If someone else, i.e., the developer to the east, wants to construct a pedestrian bridge across the Ten Mile feeder canal for access to the pathway easement on this property. It would be okay with the applicant, with five feet versus ten feet of the pathway through this site adjacent to the Nine Mile Creek. Staff's original recommendation was for ten feet. The Commission agreed to reduce that to five feet per the applicant's request. Lot 1, Block 8, should be called out as a common lot, rather than nonbuildable. Concern pertaining to traffic congestion in this area and not having a traffic impact study for any of the developments in this area, because the preliminary plats all contained under one hundred homes. Over one hundred homes triggers a traffic impact study. Desire for road infrastructure to be in place and to handle the additional traffic before more developments are approved. Commission made the following changes to the staff recommendation. They modified condition A-3-D in Section 8 to reflect replacement of the five foot tall open vision iron fence with a five foot tall open vision lattice top vinyl fence that complies with UDC standards for open vision fencing. Modification to condition A-3-E to reflect a five foot instead of a ten foot wide pathway along the southwest side of the Nine Mile Creek, within an eight foot wide easement. Modification to Conditions A-2-C and A-10 to remove the specific lot and block number for the access easement for the Freeman parcel to allow that previously agreed upon with the Freeman's through Shelburne East Subdivision via South Selatir Way. Modification to Condition A-2-A to include Lot 2, Block 8, in the plat notes as a common lot, rather than a nonbuildable lot, and the addition of a condition for applicant to consider alternate styles for a picnic shelter to match the neighborhood development and design. The only outstanding issue for Council was that the staff recommended that the applicant provide details at the public hearing tonight in regard to the depth and slope, horizontal and vertical, of the Nine Mile Creek in order for the Council to determine if fencing should be required adjacent to the waterway to preserve public safety as required in the UDC and there is a cross-section -- typical cross-section right there before you. The engineer is saying that there is a three-to-one slope on that. Written testimony has been received from Jeffrey Bower, the applicant's representative, Meridian City Council Meeting Agenda February 25,2020— Page 75 of 342 Meridian City Council February 18,2020 Page 8 of 34 and that was since the Commission hearing. They are in agreement with the Commission recommendation and they are asking that condition number eight be updated consistent with condition A-3-E that requires an eight foot wide public pedestrian easement where the five foot pathway is on the southwest side of the creek going through the site. Staff is in agreement with that for consistency. And staff will stand for any questions. Simison: Thank you, Sonya. Are there any questions at this point in time? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, Sonya, would you go over that pedestrian bridge connection and show us on this map -- that would go from -- from the -- the -- well, common lot that would connect to a property to the east and, then, connect into this pedestrian path in this subway -- is -- in this subdivision. Excuse me. Is that what that's suggesting? Allen: Mr. Mayor, Council Woman Perreault, so the pathways master plan depicts a segment of the city's multi-use pathway on the north side of the Ten Mile feeder canal here. The Parks Department is not requiring the pathway to be constructed, but is requesting that an easement be provided in case they want to construct one in the future. The developer of the property to the east right here testified at the Commission hearing that they were required, when they developed outside the city, to provide a pathway along the south side of this canal, but there is no way without a pedestrian bridge for those two to connect. Perreault: Okay. Allen: So, that -- that is an outstanding item. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Sonya, on the -- is it the Bunch-Kirkwood property that fronts Amity Road, that is the parcel there, and in the future that would come off of -- what is that street? I can't quite read that. That one there. Allen: I believe it was Grayson. Hoaglun: Grayson. Okay. But -- and there is going to be a school site to the east in the future. Allen: To the west. Hoaglun: Oh, to the west. To the west. Sorry. But at this time, since that's going to Meridian City Council Meeting Agenda February 25,2020— Page 76 of 342 Meridian City Council February 18,2020 Page 9 of 34 remain private property as is, there is not going to be any sidewalks that -- through that property; is that correct? Allen: Mr. Hoaglun, on the Bunch-Kirkwood property that is correct. Hoaglun: Okay. Thank you. Allen: Unless they would grant an easement and allow it to be constructed, but -- Borton: Around the horn. Mr. Mayor? Simison: Councilman Borton. Borton: Sonya, you made reference to Lot 1, Block 8, and, then, Lot 2, Block 8. 1 didn't know if you -- you meant Block -- Lot 1, Block 8, being that northeast corner. Your Commission -- Allen: I cannot read that. Borton: -- Commission changes to the staff recommendation referenced Lot 2, Block 8, and I didn't know if that was a typo or a different lot. Allen: Which -- I'm sorry. Borton: 5-D as in dog. It says Lot 2, but 4-H was Lot 1 and I just didn't know if they were different -- two different lots that were referenced. Allen: As far as I know they are correct. As far as I know it's -- it's not a typo, but I do not have a copy of the plat here. I will have to look at it. So, it looks like Lot 1 -- I think it's Block 8 in the corner. Borton: Okay. Allen: Does that coincide with what you are looking at? Borton: It does. So, I just didn't know if there was also a separate reference for a Lot 2, Block 8, also or they are both supposed to be Lot 1 -- Block 1 -- Lot 1. Excuse me. Allen: I'm sorry, I'm not following. Borton: Those -- the one lot at issue that has to be a common lot is Lot 1. Allen: So, that was the corner lot. Borton: Block 8. Meridian City Council Meeting Agenda February 25,2020— Page 77 of 342 Meridian City Council February 18,2020 Page 10 of 34 Allen: Staff had originally restricted it as nonbuildable. They wanted it to be called a common lot versus nonbuildable. Borton: My confusion was it says Lot 2 and that's all. In the -- in the staff report and that's what I think might just be -- Allen: I will note it if it's -- I will check on it and if it's incorrect I will change it. Thank you. Borton: Yeah. Mr. Mayor? Simison: Councilman Borton. Borton: Caused just a titch of confusion because I -- if that other lot, the larger one that's Lot 1, Block 4 it looks like. That one. Allen: This is Lot 1, Block 4. Borton: And that's a residence that's to remain? Allen: Yes. Borton: Okay. So, what happens with that when the residence goes away? I mean is it -- is it sometimes platted, but not developed with -- until that residence -- Allen: It would be platted and, then, it could be resubdivided in the future. Borton: We wouldn't do that now? Allen: They don't want to do it now. Borton: Thanks. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I wondered if right now might be an appropriate time to ask the Fire Chief Niemeyer to comment a little bit about the target goal for resource reliability and the access and just give us an overview of his thoughts, please. Niemeyer: Mr. Mayor, Council Woman Perreault, we did do an analysis on this, like we do with every project. Our response time in this area is three minutes. That certainly meets our goal there. Our reliability right now from the nearest station is 78 percent. So, that's right near our target. We like to stay about 80 percent on reliability. What I have from the notes from Chief Bongiorno as far as access goes is under the code, the fire code, we can allow 30 homes to be developed under one access. More than that will Meridian City Council Meeting Agenda February 25,2020— Page 78 of 342 Meridian City Council February 18,2020 Page 11 of 34 require the two additional accesses that I believe are shown that Sonya alluded to, one to the picture is north and one to the picture is east with regards to the build out. Strader: Thank you. Simison: Are there any other questions for staff at this time? If not if the applicant would come forward. If you would state your name and address for the record, please. Nelson: While this presentation is being brought up, good evening, Mayor and Members of the Council. My name is Deborah Nelson. My address is 601 West Bannock Street in Boise. I'm here representing the applicant tonight and also with me is Megan Smith with the developer. Not with us tonight as our civil engineer Ben Thomas with Civil Innovations. Thank you to Sonya for her work on this project. We are very pleased to be here before you tonight in full agreement with the Planning and Zoning Commission's recommended conditions of approval. I would begin just in quick note that Council Member Borton, you are correct, there is a typo that should be corrected in condition of approval 4-D in the revised staff report that should say lot 1, Block 8, as it does in the other location. So, I don't need to provide too much background, because Sonya really covered this. The location of the property is -- is north of Amity and west of Cloverdale. The medium density residential and Comprehensive Plan goals really are consistent with what we are bringing forward here. The density that we will be proposing here is -- has a gross density of 3.55. So, comfortably within the three to eight units recommended for this location. See if I can get this to go the other direction. Okay. Do it this way. So, as -- as Sonya said, 99 buildable lots and built in two phases, with the first homes coming online in late 2021 . Be accessed primarily from the south on Amity and the phasing will accommodate the request from the Fire Department, of course, with no more than 30 lots until additional accesses are provided, the phasing moving north. ACHD has approved the development and we are in full agreement with all of ACHD's conditions of approval. There was a comment that was made at the Planning and Zoning Commission meeting that Sonya highlighted about TIS phasing. I would just point out that while this has the same developer as the Shelburne developments to the north and to the northwest of here, providing some nice continuity and quality and amenity sharing, they have been done in different years. In fact, this property wasn't acquired at the time the prior developments were done. So, this hasn'tjust been broken up into different phases for purposes of GIS's. There was a traffic study done on dispersion with the last phase as well, which was called Shelburne East. So, where it has been necessary it has been provided and none was requested here. Looking at the open space, I think this is what the Planning and Zoning Commission really liked about this development, that actually we are really excited about, too, that Nine Mile Creek flowing through the middle of this provides a really nice central feature and so there will be an open waterway that stretches all the way through west to east of the development and as recommended by staff there will now be a pathway that extends all the way to the borders and this --this is the open waterway feature that Sonya described that we were requested to provide a slope on, which is three to one, and so a really gradual, gentle slope, that we would prefer to leave open for aesthetic purposes. With that slope you don't typically see any fencing around that kind of edge until it's to one or more. We have well over the amount of qualified open space at 15.52 percent, Meridian City Council Meeting Agenda February 25,2020— Page 79 of 342 Meridian City Council February 18,2020 Page 12 of 34 where ten percent is required. We have also got some nice amenities and more than is required and they -- they really chose from each of your categories and your -- in your zoning code from the recreational amenities. There will be a sports court with a pickleball court. The quality of life amenities, there is a picnic area with shelter and picnic tables, a bench and bike parking. And all of this is centrally located along this open pathway with the five foot paved pathway along the entire reach of Nine Mile Creek. There was commentary that Sonya highlighted from one neighbor to our east about questions about why he had been required to put the pathway on the south side of the canal and, you know, don't have a good explanation for why that occurred. Our pathway is being sited on the east side, through a northeast side of the Ten Mile feeder canal here in accordance with the city's master parks plan and also inconsistent with the properties that are further to our north and west. There was a question by the Planning and Zoning Commission if we might submit a different design for the picnic shelter and so option one was what was originally proposed and, then, the second option is a slightly different aesthetic that we provided and we are perfectly happy with either. The building design and elevations will be consistent with that same quality of homes that have been offered in Shelburne One and Two and East and have been in high demand. Be a mix of single and double, but primarily single story homes here. The architectural style is contemporary and modern farmhouse and so in sum, we believe this is a great project partly because of the excessive open space, well above what's required, the nice amenities, the opportunity to centrally locate them around the Nine Mile Creek. We appreciated the glowing comments we got from the Planning and Zoning Commission. We were able to accommodate all of their requests and we are in full agreement with their conditions of approval and we would ask for your approval as well this evening and I would stand for questions. Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: For the record, I like option number two on the -- on the shelter. That's -- what I wanted to ask you about--there were a couple of neighbors who wrote in with comments and concerns regarding everything from how to irrigate their properties to what fencing will be along the boundaries. Have you had a chance to address those concerns with the neighbors? Nelson: Mr. Mayor, Council Member Perreault, yes. Actually, the day of the Planning and Zoning Commission our engineer was out on site with the owners of the Bunch property that raised those particular concerns and my understanding is that they were all addressed and that included the -- the gate and the fencing along the north side of their pasture and their questions about irrigation and so -- and we have also addressed in advance with the city attorney and city staff questions they had about being a parcel of record, et cetera, and so I believe they were answered. They didn't testify at the P&Z, but they were present, so they could let us know if there is anything remaining. Meridian City Council Meeting Agenda February 25,2020— Page 80 of 342 Meridian City Council February 18,2020 Page 13 of 34 Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Getting back to Lot 1, Block 8. Nelson: Yes. Borton: If it's to be a common lot, how does -- how does it get maintained and by whom? So it doesn't become a -- kind of a spite corner of weeds. Nelson: Mr. Mayor, Council Member Borton, it will be maintained by the HOA and -- and the only reason we asked for it to be a common lot, instead of designated as nonbuildable, was in case they do want to even further improve it beyond just basic maintenance to keep it, you know, weed free and managed. But they may also want to develop that in the future as a little dog park or something if the -- if the parkway extends there. So, they wanted the opportunity to develop it further in the future and that's why we asked for that change from nonbuildable to common lot. But under either circumstance, whether it's further improved, they will have to maintain it. Borton: Mr. Mayor, a couple --just quick follow ups. How do you get to it to maintain it? I'm missing something I think. Nelson: Mr. Mayor, Council Member Borton, good question. Through the public street for one, but also the property to the north as part of the Shelburne East development. Borton: There is access that way? Nelson: That's right. Borton: Is it getting greened up at all or what -- what's -- what's it contemplated to be? I notice it's not improved at least on the open space. So, what is it to be? Nelson: Yeah. Mr. Mayor, Council Member Borton, at this time it doesn't have particular plans and correct me if there is anything else to add there. No. Borton: Is it -- and the reason I ask is -- I mean is it at least for the foreseeable future -- is it a lot that the weeds are mowed by the HOA? I mean it just seems like it's inviting a problem or I'm missing something. It's a pretty big parcel. Nelson: Yeah. Borton: Is it just dirt? Is it -- Nelson: Sonya, can you bring up the property to the north? Are you -- because -- to help me refresh on what -- what our access is there? Meridian City Council Meeting Agenda February 25,2020— Page 81 of 342 Meridian City Council February 18,2020 Page 14 of 34 Borton: I didn't see a street. Nelson: Yeah. So, here is the public street. So, this -- and here is Shelburne East. So -- Megan, do you know? Thank you, Sonya. Allen: Mr. Mayor, if I may. Simison: Sonya. Allen: There is a pathway along the east side of the Ten Mile feeder canal on the Shelburne East property to the north, so I know that they could access it through that common area. Get a mower down there. They aren't planning to improve it. So, if you want improvements on that you will need to include that in your motion. Nelson: Mr. Mayor, Council Member Borton, I apologize, because, yeah, looking at this it's not immediately adjacent to a public street. So, I appreciate that clarification from staff. It is along that pathway. Because It doesn't -- it doesn't connect directly. Borton: That's -- that's -- Simison: Councilman Borton. Borton: Thank you, Mr. Mayor. That's kind of the question and I don't think we have seen much. Is that -- is that what's contemplated, that the HOA just takes a mower down a pathway and knocks weeds down I guess? I mean -- Nelson: Mr. Mayor, Council Member Borton, I assume if you want some level of greening up to maintain, you know, that could be accommodated here. Borton: And Mr. Mayor? Nelson: I think -- Simison: Councilman Borton. Nelson: Excuse me. I'm sorry. Borton: Go ahead. Nelson: It's just not currently accessible from this development and until Shelburne East is built, which is not yet constructed in that area, there isn't adjacent access or users for the area and that's why we wanted to preserve the opportunity to improve it in the future, because at some point when that is constructed to the north there may be greater demand to place an improved park area there. Borton: Sure. And Mr. Mayor? Meridian City Council Meeting Agenda February 25,2020— Page 82 of 342 Meridian City Council February 18,2020 Page 15 of 34 Simison: Councilman Borton. Borton: That very well may be the case. The concern I guess is -- there is probably a solution we can create, but if that doesn't occur for 20 years all of the parcels that back up to it and will look at it may be confronted with dirt and weeds and -- I have seen spite strips in other parts of the city that we try to avoid, just because it's a problem forever. So, this seems to be maybe the one way to -- the one time to capture some condition that will ensure it's perhaps improved, even if it's just greened up -- something that it doesn't become an eyesore and perpetual complaints to the HOA and to the city until it perhaps redevelops. Nelson: Mr. Mayor, Council Member Borton, we have the same desire not to create an unsightly portion adjacent to our new homes. So, we are -- I don't see any concern with providing some kind of level of -- of green up and, then, you know, to the -- as soon as we can get access through the northern area there and before construction of this second phase -- I mean that's -- that's the issue or -- as these homes are developed I should say that's -- that's the timing when it's adjacent to it. So, I mean certainly agree to HOA maintenance of that. I think some level of green up with access through the pathway there as that phase comes in and the Shelburne East construction allows that access. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I agree with -- sorry. I agree with Councilman Borton, not only about the -- the visibility issue, the appearance, but I'm concerned about there being a safety issue. So, if people -- I don't know what kind of access the residents will have, but if they choose to dump things there, if they-- I mean when my subdivision was being built there were pieces -- there were nails and pieces of wood and pieces of concrete that were ending up in vacant lots and I had a hospital visit with my child because there were things that people were dumping in the bare areas. So, even -- even though -- even though there isn't vehicular access to it, you just don't want to invite a space for people to -- to put their stuff and so if it's going to be left -- if the residents begin to assume that it's just a vacant lot that's never going to have any -- have anything done with it, that's likely what will happen. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Ms. Nelson, I understand your concern that to green that up would be when the next phase comes along and I want to make sure I understand -- from Amity Road that will be the first phase up to Nine Mile Creek and I know the 30 homes you need the second access. So, can you just show me what would be the first phase and what would be the next phase of the development? Nelson: Mr. Mayor, Council Member Hoagland -- do you have that phasing map that was Meridian City Council Meeting Agenda February 25,2020— Page 83 of 342 Meridian City Council February 18,2020 Page 16 of 34 originally proposed, Sonya? If you wouldn't mind pulling that. That's probably easier than me trying to draw it with a cursor. So, it does extend up to -- so, I stand corrected. It does extend up to this area with phase one. It does include Amity along the south and phase two is to the west and so -- so, please, accept my correction on that. So, those lots would be developed -- developed with phase one and so if we could time whatever improvements we need to do to this common lot with both phase one and accessibility from Shelburne East, I think that would be acceptable. Hoaglun: Okay. Thank you. Simison: Deb, just a quick question for you. Because we have this in Tuscany where we have a similar situation where we have one property owner along Amity who was not annexed while Tuscany built around them. Will there be a sidewalk on your property or, in theory, would that sidewalk only come if and when that property redevelops? Nelson: Mr. Mayor, if I am understanding you correctly, do -- you mean the property that goes along the north side of the excluded parcel? Simison: Correct. Nelson: Yes. There will be a sidewalk on our property. Simison: You will put it in before -- Nelson: Yes. Simison: Okay. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I was wondering if you could summarize any conversations you have had with the West Ada School District in terms of the number of students that will be joining the various schools and the timing of the new school. Nelson: Mr. Mayor, Council Member Strader, I have not been privy to those particular conversations, if they have had direct conversations. I am aware of the letter that we have received from West Ada and also the timing of their development of their schools and so the biggest deficiency right now with the school availability capacity is in the high school, as you know, but with Owyhee High School is slated to come on in 2021 , that will match when we have any potential residents and students -- students at that level coming out of our neighborhood. Strader: Mr. Mayor, follow up. Meridian City Council Meeting Agenda February 25,2020— Page 84 of 342 Meridian City Council February 18,2020 Page 17 of 34 Simison: Council Woman Strader. Strader: If you could just comment a little bit about the --the timing of how long it will take to deliver -- to build each residence and -- and if there is any variability there where it could be that, you know, students are delivered earlier into the school system from this development. Just give us a feel for the timing of the construction and -- and why you feel confident that that won't happen before then. Nelson: So, the construction -- Mayor, excuse me. Council Member Strader, the construction of the infrastructure would begin later in 2020 if approved and so the earliest that construction of homes could be is spring or summer of 2021 and so you wouldn't have occupants rolling in before the fall of 2021. Does that address your question? Strader: Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I don't know if I missed this, but with the Shelburne East -- so, has that -- has that gone through the application process yet or is that still being designed? Nelson: Mr. Mayor, Council Member Perreault, it is approved. Perreault: Oh. Okay. So, that is approved. So, is there an option to change access to that -- to that vacant lot if necessary, since that's already been approved? Nelson: Mr. Mayor -- Perreault: Been designed. Nelson: Council Member Perreault, there isn't an opportunity to go back and change that development, nor do I -- would I think you would need to, since it has the pathway connection that Sonya mentioned. Perreault: Okay. And so it is just a pedestrian access only? Nelson: Mr. Mayor, Council Member Perreault, that -- that is my understanding as well, yes. Simison: If there are no further questions at this time, we will go ahead and say thank you. Nelson: Thank you. Simison: Now we are into the time for public comments on this -- on the item. Mr. Clerk, Meridian City Council Meeting Agenda February 25,2020— Page 85 of 342 Meridian City Council February 18,2020 Page 18 of 34 do we have anyone signed up? Johnson: Mr. Mayor, nobody signed up in advance for this. Simison: Okay. This is a public hearing. If there is anybody that wishes to testify in this application now is your time to come forward and do so. If you could state your name and address for the record and you will have three minutes. Wilson: Yeah. My name is Brian Wilson. 6171 Cutting Horse Drive, Kuna. I have the property to the east -- the South Park Sub. And I was wondering -- so, on the north side of the Ten Mile feeder is there going to be access for the Board of Control? Are they making acc -- because they have to have access to the canal. So, I'm just wondering. Because there is no access on the south side. Simison: Sonya, did you hear that question? And I don't know if you have the answer, if we need to -- Allen: I would defer to the applicant on that, Mr. Mayor. Simison: We can have them -- Wilson: That's the only question I have. Simison: -- address that when they come back up. Wilson: Okay. Thank you. Simison: Thank you. Is there anybody else would like to testify at this time? If not, we will ask the applicant -- applicant to come back up and respond to at least that question and any final remarks. Nelson: Mr. Mayor, Members of the Council, I didn't catch the whole question. I believe he was asking about whether there has been coordination with the Board of Control? Simison: Yes. Where there will be access in this area for that purpose. Ten Mile. Nelson: Mr. Mayor, Members of the Council, I -- without our engineer here tonight I don't know exactly what they have planned for that, but I can tell you that -- and also just received this bit of explanation. So, along this north -- or east side of the Ten Mile feeder canal, as part of Shelburne East, they -- that pathway is being constructed. So, when that is constructed that will provide access along the canal. Whether the design is intended to accommodate the access to the canal for maintenance purposes I can only assume, because you can't block their maintenance and access to the canal and so I -- all of that will have to be done in accordance with the irrigation district's and canal maintenance requirements. That will also provide the access as that is built down to this property and -- and we are amenable to greening that up. Meridian City Council Meeting Agenda February 25,2020— Page 86 of 342 Meridian City Council February 18,2020 Page 19 of 34 Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Thank you, Deb. And I appreciate the -- addressing that corner to some extent, you know, what -- probably the reason you had it the way it -- it was to not create some attractive nuisance and encourage folks to try and hop over and go play on it. But there is -- I think there is a five foot fence on that south side of Ten Mile canal contemplated; is that right? Nelson: Mr. Mayor, Council Member Borton, I'm sorry, I don't know. I would assume the answer is yes, because it runs along the backside of those lots and maybe Sonya does know. Borton: Okay. Nelson: I wish our engineer could have been here for those questions. I know that with the easement and pathway anticipated on the north and east side, I don't believe there is intended to be one there, but that's -- I just know that's where their easement and pathway is. Borton: Okay. I think there is one on the south side. I think there is a condition for it. That wasn't an issue, but -- the reason I bring that up is -- and maybe this is not an issue either, but the possibility of any miss -- this need for fencing along the Nine Mile Creek, the request is to not have it, the slope does not necessitate any fencing. Was it at issue with staff or anybody? It didn't seem like it, but to leave that without fencing? Is that a continued concern? Allen: Mr. Mayor, Council, that is a question before Council tonight. It -- as far as slopes go, it's -- it's -- it's not -- it's not too much of a slope. It's three to one. You know, anytime you have a waterway you -- you face issues with children, so -- Borton- But the request from the applicant -- Mr. Mayor? Simison: Councilman Borton. Borton: -- is that there be no fencing along Nine Mile? Nelson: Mr. Mayor, Council Member Borton, that -- that is correct and I -- let's see, I -- this is the slope. The illustration if that shows you -- to give you an idea of what three to one looks like. Another illustration that I would like to show you -- if I can find it. Allen: Do you want your presentation? Nelson: Yes, please. I'm sorry. So, that was in yours. Thanks, Sonya. I just brought this just in case you want to see a picture of that next to the slope. That's what the open Meridian City Council Meeting Agenda February 25,2020— Page 87 of 342 Meridian City Council February 18,2020 Page 20 of 34 waterway looks like. So, if that picture gives you an idea of the -- the -- the -- this is an illustration of that slope and the type of open waterway we are contemplating. So, it -- as you can see it's not a fall in kind of hazard, it also -- the open appearance of this -- the aesthetics is what we would really like to preserve, rather than fencing that off from view. Borton: Fair enough. Strader: Mr. Mayor, I have a question for staff. Simison: Council Woman Strader. Strader: Sonya, I think this is part of our discussion that we recently had with the West Ada School District, but may I ask the question. We may not have the answer, but this is driving me crazy. So, we know the capacity. We know how many students are enrolled. Do we know how many students have been -- how many students are in developments that have been approved pro forma for future developments already approved? Allen: Mr. Mayor, Council Woman Strader, no, staff does not know. Strader: Thank you. I will save the rest of my comments for discussion. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: In the -- in ACHD's report it -- it talks about a center lane. That will be a turn lane to turn in, I assume, to the main entrance or it gives the applicant an option to do a study to analyze whether that's necessary. Can you share with us what the applicant has decided to do? Nelson: Mr. Mayor, Council Member Perreault, we will have to determine that at that time and, really, what it -- it still requires ACHD's acceptance of a study and so you begin with the turn lane warrant analysis and if it's warranted it's typically required. But you begin with the study, because you can't just opt to put a turn lane in where it's not warranted. Perreault: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: While the applicant's representative is still up, I have a question for Mr. Nary and that relates to the property owners that are to the north and apparently they have had meetings, they reached an agreement and understanding on what will be provided. I would assume that we have no obligation to include that into our--our motion here tonight or requirements. That is a private agreement and any recourse -- if -- if it's not lived up Meridian City Council Meeting Agenda February 25,2020— Page 88 of 342 Meridian City Council February 18,2020 Page 21 of 34 to that is a private matter they can --they would have to resolve on their own; is that right? Nary: Mr. Mayor, Members of Council, Council Member Hoaglun, that's correct. I mean that is the relationship that they have. We don't normally require that be included as part of our development agreements, unless it had something to do with an easement or something else that we would necessarily need for access for something -- other future use, but for them to -- whether it's driveways or whatever they are talking about, I can't recall the specifics, but it isn't something we would normally attached to ours. Hoaglun: Okay. Thank you. Simison: So, a question for you about the pathway that's not being built completely. What does the vision in terms of -- I understand the easement says -- is that envisioned that the city will someday go back and put in that pathway or is the developer putting money into a trust to pay for that in the future? What is the resolution of that? And I know we have someone from our Parks and Rec staff here, I don't know if they are privy to those conversations, but just curious if there has been any further dialogue on that since P&Z. Nelson: Mr. Mayor, there wasn't a requirement to construct that pathway, because it doesn't serve this development and -- but we did provide the required easement. So, that was not requested by parks. Instead what they asked us to do is to extend the pathway along Nine Mile Creek through the middle of the development, because it could actually serve the future school site to the west, once that's constructed and funnel all of the potential students heading that direction and otherjust users of the development east and west all the way through the site and so originally that pathway along Nine Mile Creek was focused in the middle of the development and really just served the amenities, but we agreed with the parks recommendation to extend it all the way west to east. The discussion at the Planning Commission was how wide that pathway should be and we argued and asked for a five foot pathway over ten for numerous reasons, but primarily for aesthetics. Again, when you look at this waterway we didn't want to eat up all the green space with pavement and Planning and Zoning Commission agreed with that and preferred the five foot pathway with more green space and more openness and so we have extended it all the way from east to west as requested by parks and we have supplied the easement for the Ten Mile feeder canal pathway as they have requested. Simison: I guess that goes to my question. Maybe it is something that parks answered. Why are we requesting an easement, but not looking for a pathway to be built? What is the purpose? You know, we -- this is the time when we normally have that done, as compared to us coming back and doing it at a later point in time if we have -- if we see the need. So, that -- that's the question. I don't know if anybody has the answer to it and it looks like, no, they do not. But I will take that for what your comment was and let Council weigh that in its conversation. Nelson: Mr. Mayor, if I may just provide one more comment. I can't speak to all the reasons why parks may not have requested it, but from our perspective it -- it would be a pretty significant amount of construction for a small number of homes given the extension Meridian City Council Meeting Agenda February 25,2020— Page 89 of 342 Meridian City Council February 18,2020 Page 22 of 34 of the pathway that we agreed to along Nine Mile in exchange for that improvement, but I -- I understand your request. I think -- and parks could answer this better than I, but the only other information I have about that is without further connection to the east on that side, it wasn't clear that it provided value to the city either to continue through. Allen: Mayor, if I may, that was exactly what I understood from the Parks Department in regard to the pathway. Simison: Which begs the question as why the easement. What's the value in the easement if we don't intend on having a pathway there. Allen: They felt that it would allow them to still construct it in the future if they deemed it necessary. If you want it constructed now, then, please, include that as a condition. Didn't feel it would go anywhere in the future. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Which -- which school is going next to this property? Can you just refresh my memory? Is it Pleasant View or which one is the new one that's being built next to this property? Nelson: Mr. Mayor, Council Member Strader, I don't know exactly which school is intends -- the school district intends for this property next to us. Simison: This will either be a middle school or a high school site location. The property size is less than they would like for a high school, but more than they needed for a middle school. Strader: Thank you, Mr. Mayor. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Question for Sonya. So, in the section that says outstanding issue for City Council, that the -- the staff recommended the applicant provide details, are you -- is staff satisfied with what the applicant has supplied to you or is there anything additional that you need? Allen: Mr. Mayor, Council Woman Perreault, the applicant has done what staff has requested and submitted a detail. It's up to Council whether they feel that's adequate or should require fencing. Meridian City Council Meeting Agenda February 25,2020— Page 90 of 342 Meridian City Council February 18,2020 Page 23 of 34 Simison: Are there any further questions at this point in time? Thank you. Nelson: Thank you, Mayor. Simison: I have a question, I just don't know who it's for, so I will just ask it, maybe -- maybe someone knows. But the pathways that are along the Nine Mile area in Tuscany, do we know if those are five or ten feet? Those are -- those are pathways. There is no fence. There is no sloping. But I happen to think they are quite nice from a size and a amenity standpoint and they provide for people to traverse both directions, but I don't know if it's five, ten, or something in between. Five doesn't seem like a lot in this case, but I don't know if anybody knows that from their perspective, what would have been required at that point in time. Okay. Well, I have asked, but -- Allen: Mr. Mayor, I would assume it's a ten foot wide multi-use pathway. That's typically what's required along waterways, but I don't know that for sure. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I don't see any questions of staff coming from the Council, so I will make a motion to close the public hearing on Item 6-B, H-2019-0106. Hoaglun: Second. Simison: I have a motion and a second to close the public hearing. All those in favor signify by -- by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Kick off some discussion. I think it's a good looking project. I think the way it's been described by the applicant it captures a little more functional open -- open space, which is nice. I'm supportive of the Planning and Zoning recommendation in whole and in particular with regards to the Nine Mile Creek and the pathway recommendation. I think in this case the explanation makes sense to me. I would include that condition that the applicant is in agreement that Lot 1, Block 8, in the northeast corner be greened up within phase one. I'm comfortable with the easement provision on that northeast side as well. I would never say never with regards to what actually happens with pathway connections. At least it preserves it, so I would hate to have it built if it truly is going to be a pathway to nowhere, but in the off chance something breaks free in the future and allows us to utilize that as a pathway connection, then, an easement preserves it. It's not a large portion for an easement for -- if there is future construction that is viable. So, among the Meridian City Council Meeting Agenda February 25,2020— Page 91 of 342 Meridian City Council February 18,2020 Page 24 of 34 conditions or issues that could go with an approval would be the easement along the north side as contemplated -- north side of the Ten Mile. That no fencing be required along the Nine Mile Creek as presented in light of these unique circumstances and that Lot 1, Block 8, be greened up and maintained by the HOA within phase one. As the applicant had indicated, they are in agreement to do so. I don't know if there were any others, but I think those were the main ones that my notes captured. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question for Mr. Borton. Do we need to select option two for the picnic shelter? Borton: Oh, yes. That was one, too. Hoaglun: And, Mr. Mayor, just one comment. It is a good project and proposal. Understand the need for the open space and the greenway and the five foot path. My only concern is trying to think through if that's part of the parkway pathway system and there is going to be ten foot -- ends up being ten foot on either side, and that's five foot -- I mean it's -- we aren't consistent throughout the city anyway, but I just would like to have known is that part of the pathway system that is ten foot where it's already been built? As staff indicated, you know, in Tuscany it's probably ten foot. I understand the applicant's desire to keep it at five in keeping with their aesthetics. The subdivision I live within is similar-- has a -- has a drain that has openings on both sides, but it's ten foot and it's very nice, allows walkers and bikers to -- to utilize it without -- without conflict and dog walkers especially. It's not -- Mr. Mayor, I might add, it's not something I would fall on my sword fo r. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Two comments. One of the things that -- I don't think we are going to solve this tonight, but coming out of our meeting with the West Ada School District and I think the information that we ourselves should have available regarding what we have approved -- what I would like to see, if at all possible, whether it's from COMPASS or the West Ada School District or from staff, but whoever is appropriate, I would love to see a chart that has the capacity for each school, the number of students that is enrolled for each school and, then, a column in the middle that has a pro forma number of potential students that will be attending that school within the next 24 months. I feel that we should have that information available. We know the ratio of students that come per residence. We have that information from the West Ada School District. We know what we have already approved so far and it seems like we should be able to solve that equation and have kind of a pro forma number of how many students are likely to be enrolled for the development you approved already. Then we would be able to add in this development, so we are getting a full picture. Right now I feel like I don't have that full picture. I don't want to Meridian City Council Meeting Agenda February 25,2020— Page 92 of 342 Meridian City Council February 18,2020 Page 25 of 34 punish this particular application. That's certainly not their issue at the end of the day, but I just feel like we are flying blind here. We don't have the full picture of how many students are already potentially going to be attending this school and so while it looks like there is capacity at the elementary school, it sounds like there are plans, hopefully, in the future to develop a middle school potentially and we have a new high school coming -- and a lot of the information that I have so far as is that high school will be very close to capacity and so I -- I don't want to punish this particular application, because I think they have overachieved on open space, I feel like it's a good project and it's a less dense project, but really need that information to make decisions, in my opinion. Anyway, I will get off my soapbox. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: To Council Woman Strader's point, I'm not sure if this has been shared, but Mountain View did come in with an application last year to expand 16 more classrooms and so they do have an expansion that's coming. I don't know that it's going to address the 600 extra students that are already showing up in West Ada's estimated numbers, but it will definitely -- it will definitely be helpful, in addition to the new high school. So, those have -- those classrooms have been approved and I assume they are -- they are under construction at this time. So, that will -- at least for the next couple of years be helpful as well. And, then, I have a question for staff, Mr. Mayor, if that's okay. I'm still struggling with this pathway. Simison: Mr. Nary, since we have closed the public hearing is staff still allowed to comment without opening the public hearing? Nary: Mr. Mayor, if it was just going to clarify something that they have had -- it depends -- I guess it depends on the question. Perreault: I just have a question about the existing pathways and, then, what has -- has been put in the application. Nary: Probably better to open the public record to make sure that gets -- Perreault: Never mind. It's not a big deal. Simison: I would encourage you to do it, quite frankly. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I didn't mean to interrupt you. I move that we reopen the public hearing for item 6-B. Meridian City Council Meeting Agenda February 25,2020— Page 93 of 342 Meridian City Council February 18,2020 Page 26 of 34 Hoaglun: Second. Simison: I have a motion and a second to reopen the public hearing on Item 6-C. Any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Simison: Council Woman Perreault. Perreault: Sonya, so the -- the path that's going along the -- the feeder canal, the one that -- that has a disconnect from the property to the east, has that pathway already been improved? How far south does it go? Where -- where does that pathway connect to the south and, then, it's going to go up to Shelburne East eventually and, then, north from there. Is that part of the master pathway plan and is the -- and is the -- the pathway that's going to be along Nine Mile Creek an extension of that? Do those connect somewhere? Am I missing something? Allen: Mr. Mayor, Council Woman Perreault, Council, the pathway along the Ten Mile feeder canal is part of the pathways master plan. It is designated as a city pathway, which is typically ten feet in width. The pathway along the Nine Mile Creek is not on that pathways plan, but the Parks Department did recommend that a ten foot wide pathway was constructed through this common area as an amenity, as well as to provide pedestrian connection to the future school site to the west. Perreault: And do those intersect somewhere within -- Allen: They do not. We -- this project is on the city's east periphery boundary. Perreault: Okay. Okay. So -- so, I think perhaps that's what the Mayor was getting to with this -- why have an easement and why not have that bridge built. If that's part of the master pathway plan, perhaps that's something we discuss further. Simison: Well -- and I guess the question, too -- because this is -- what has Boise done? Do we have any idea what's on that side of what they are -- is it just on that one piece of property where there has been a connection or does it go over to Cloverdale for -- for example? Allen: I'm not positive, Mr. Mayor, but my understanding was from speaking with parks was that they don't have a pathways plan for this area. I did ask that question. I did feel it was also necessary to construct the pathway, but in the end parks ended up just requesting that an easement be provided. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Meeting Agenda February 25,2020— Page 94 of 342 Meridian City Council February 18,2020 Page 27 of 34 Hoaglun: Yeah. I think it's prudent we definitely ask for the easement and since we don't know what's happening to construct some would -- could be a path to nowhere and I do stand corrected, if Nine Mile is not on our master pathways, then, certainly a five foot wide pathway is -- is perfectly fine. So, thank you for that, Sonya. Allen: Uh-huh. You're welcome. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: A question for -- for Council Member Borton. You started off kind of your conversation talking about greening up that -- for all intents and purposes spite strip. When you are talking about greening up, is -- is your plan to include some type of a -- an irrigation plan along that as well? What I don't want to have is something that is -- when it's built it's green and come August is -- is a fire hazard or a weed hazard and so I just -- I think it's important that if that's the direction that we are going to give the applicant, that we provide some pretty clear detail about how that is to be cared and maintained for, considering the significant logistical challenge of just being able to get to that particular piece of property. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: In response I think that -- that would be the intent, not only to green it up, to maintain it as such by the HOA until -- if and until there is any other use for that parcel. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I was curious if Council Member Borton thought that at the end of phase one was sufficient. Do we need an outside date for this or do you feel comfortable that this happening by the end of phase one is adequate to end up in the right spot? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: That -- to that question, I think -- during phase one, I guess, before phase two starts was sufficient. Hadn't contemplated in these scenarios utilizing date certain, because it's so unknown how long it takes for phase one to be completed and there are some variables outside of the applicant developer's control. So, certainly before phase two commences and it very well may be that northern portion is one of the tail ends of phase one, but -- so, it wouldn't have a date certain. Meridian City Council Meeting Agenda February 25,2020— Page 95 of 342 Meridian City Council February 18,2020 Page 28 of 34 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a quick follow up just to play Devil's advocate. Let's say something were to happen and phase two did not occur, is what I'm curious about, and so we are in an endless phase one. That would be my only concern would be perhaps choosing a very achievable outside date and a long time in the future. If the rest of Council thinks that's overkill we don't need to do that, but I would hate to have a disruption in the market and end up with the outcome we didn't wish for. Certainly this will be done within five years I would think; right? Nary: Mr. Mayor? Simison: Who dat? Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, I guess my only concern would be is if you put a date on what type of enforcement we would have. Right now the enforcement we would have is that we wouldn't issue any building permits for phase two, which is --which is very easy to track-- or it's easiest for us to deal with. Not doing something and, then, requiring us to enforce that would require us either to take them to court to make them build something, which would maybe be problematic to do, or, again, de-annex the entire subdivision, which, again, doesn't seem very practical. So, preventing further development has usually been the best tool in which to be able to get it accomplished. If you want it before the end of phase one you could certainly designate it, you know, after 30 or after 25, you can do that, but if you are satisfied that the -- it's about 45 homes it looks like in phase two, which is a significant amount of building to do. If the second phase was ten homes that might not be a big hammer. It's about half. So, I think there is adequate safeguards in just not allowing future development, because if -- again, if the market isn't there to build the other 45, building that triangle out is not going to mean a whole lot either. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: It's not an issue that I am -- I am overly hung up on. I think I would prefer to have it happen before the end of phase one, but it's not something that I would deny the application over entirely. Thank you for your explanation. Bernt: Mr. Mayor? Meridian City Council Meeting Agenda February 25,2020— Page 96 of 342 Meridian City Council February 18,2020 Page 29 of 34 Simison: Councilman Bernt. Bernt: I really don't have any -- I had one question, it was answered, so I'm good to go. That's all I got to say. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I move we close the public hearing on Item 6-B, H-2019-0106. Cavener: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Simison: We are -- our public hearing is now closed. Do I have a motion? Borton: Mr. Mayor? Cavener: Councilman Borton. Borton: Always leave it open, I guess, if there was any other discussion in light of new information. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Question for Councilman Borton. So, I -- I'm not clear on, again, that lot. I'm -- I was equally as uncomfortable as you are leaving that blank and really not having some direction for it. So, are you suggesting that the applicant put grass out there, like lawn that's going to be mowed or natural grasses or just grading it up and, then, keeping weeds down? I -- perhaps I missed what your specific recommendation was. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Fair point. I -- I think the intent was that -- the discussion was that it be greened up, meaning it be grass. Green grass, watered, maintained, mowed. Really wasn't any other detail other than that with regards to landscaping beyond that, but -- Meridian City Council Meeting Agenda February 25,2020— Page 97 of 342 Meridian City Council February 18,2020 Page 30 of 34 Bernt: Apple tree? Borton: -- at least it would be maintained and greened and mowed and watered in perpetuity. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Councilman Borton, based on your explanation, I guess to me I -- I'm seeing it's going to be treated no differently than any of the other common spaces in the -- in the neighborhood that's -- that's being cared for and maintained at the same level. Borton: Correct. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I appreciate that explanation, because that makes me feel comfortable that we will get -- we are giving it our best shot to get a good outcome. I would just request on my informational request, if others -- and if the Mayor is comfortable that -- if it's possible if-- if other people are of the same mindset that we need the information about --for what we have approved so far, at least perhaps you could direct staff to explore if we can get a pro forma number for the surrounding schools for developments going forward or if we could ask COMPASS or ACHD if that information is available I would really appreciate that. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I think that that information is awesome. I think that that would be important information to have, not only with this application, but with others going forward. I believe that we spoke somewhat in regard to this at our meeting with West Ada this past week, so I -- I'm in support of having that information in front of us for sure. Simison: And if I could just -- that was the intention with the position that you approved, but that position is not going to probably be filled for months, just from a practical standpoint, so that's going to be my hesitation towards providing that information in an ongoing -- because it's -- really what you are asking for is ongoing information -- ongoing realtime information about the status of the schools through the development process, with absorption rate calculation, with the variance of children going in and out of the system at any given point in time. That will require a little bit more than a very simple calculation to give you something meaningful, which is why I would -- I would suggest -- I would like to talk to our staff, but waiting until that position is filled. I think what you are Meridian City Council Meeting Agenda February 25,2020— Page 98 of 342 Meridian City Council February 18,2020 Page 31 of 34 really looking at is something that comes -- can come online closer to summer, moving forward, as compared to the app -- an application in two weeks would be my guess. But I would at least like to explore that with staff to see how -- where that can occur. Cavener: Mr. Mayor? Simison: Mr. Cavener. Cavener: To that point I think it's appropriate that we try to do it right, but we had a frank conversation with the school board last week and I think giving them the opportunity to expand the data they give us in the short term does seem appropriate. I think they heard the same concerns that the applicant is hearing tonight from Council and unless they feel they can't provide that to us -- I guess I feel they are the best qualified to tell us what those student numbers look like than we are and so if we could at least ask them to continue to expand upon the report they give us until we get that position hired, I think the more data the better. I would urge caution, though, at least for Council. You know, a hundred extra students at Silver Sage, not that big of a deal. Twenty extra students at Mountain View, huge deal. So, all we are going to see is a -- is a raw number and we are not going to be able to extrapolate how many of those are middle school, high school or elementary students. So, those numbers can be misleading and they can be dangerous, but the more data the district is willing to give us I would say that we should invite and welcome it. Simison: And to just respond, yes and no. Some of that data is based upon us. What they don't have is they don't know the rate of which permits are being pulled. They don't know the rate of which plats are being finalized. All that stuff has to come from us. For them it's just a number. For them it's just how many homes times .8 with a -- with a 12 -- divided by 12. That's really what they are doing and that's why the -- what you are really looking at is stuff that's much more city focused, because we have that information, they don't have that information. Cavener: Mr. Mayor. And maybe -- sorry. If I may. Simison: Yeah. Cavener: And maybe where the disconnect is -- what I think I'm hearing from Council Member Strader is a number that is what the application before us will bring, what the current capacity is, and what the potential is based on already approved applications. So, not necessarily a projection about where we are going to grow in the future and what applications that haven't come before us, but what have we already approved but is yet to be built. I think is -- I think are -- I think more, you know, tactical numbers, as opposed to -- Simison: Which are sitting numbers, not school district numbers, because it's been -- they don't have the realtime data that we do, even -- they look at these -- these numbers typically once a year in terms of what's -- what's been built, what's been approved, what Meridian City Council Meeting Agenda February 25,2020— Page 99 of 342 Meridian City Council February 18,2020 Page 32 of 34 -- what are the real numbers from that standpoint. If I could just ask for the -- if you will trust me on this one, this is a much more us than it is them to give you the numbers that you want within that -- within that capacity, but it's going to require us to work together, which is why that position will help us do that. Cavener: Okay. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I very much get where you are coming from. I want to ensure that you have adequate time to figure out the resourcing that's necessary to achieve what I think Council -- at least a couple people on Council are looking for. It sounds like you have heard us loud and clear. I have no doubt that you will work toward that goal. Speaking for myself, I think -- you know, my worry is that application by application we are really losing sight of what that big picture looks like. I think the longer that we go the more we are exposing ourselves to the risk of ending up significantly over capacity in a lot of these schools. So, I do think it's urgent. But with that it sounds like we should move off of this point and I'm supportive of what Councilman Borton was proposing for this application. Simison: Do I have a motion on the application or is there further discussion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I will make a motion. I'm going to move we approve Item 6-B, H-2019-0106, to include all of the conditions within the staff report and inclusive of the obligation for the applicant to green up and maintain -- have the HOA maintain the now common lot, Block 1, Lot 8, up in that northeast corner. That the easement right upon the northern section of the Ten Mile feeder canal be provided as in the staff report. That the Nine Mile Creek be greened up and the amenities provided as presented by the applicant without the fencing. That the pathway be developed in accordance with the recommendations from Planning and Zoning and that-- I think it was option two with regards to the shelter space. I think those were the only clarifications on the conditions of approval. Hoaglun: Mr. Mayor, I would second if -- if the maker of the motion confirmed there was no fence for the -- the Nine Mile Creek; correct? Borton: Correct. Hoaglun: Okay. I will second that. Simison: I have a motion and a second. Is there any discussion on the motion? Meridian City Council Meeting Agenda February 25,2020— Page 100 of 342 Meridian City Council February 18,2020 Page 33 of 34 Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I have a question. At the bottom of -- of the list of inclusions in the -- in the staff report there was written testimony since the Commission hearing about a change to condition number eight that the Planning Commission had suggested. Do we need to reference that change? Simison: I'm seeing a -- maybe a no, because --we do not need to reference that change. Are there any further questions or discussion on the motion? If not clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just a brief -- quick comment before we jump in. I think this conversation with regards to school district capacity is a great one and I think the collective desire to have these types of metrics presented, I think the development community -- if there is an opportunity for us to communicate this desire to have -- these questions are going to be coming with applications. So, if the development community, as they talk to our staff and creating their applications and being prepared to present to P&Z can help us articulate and understand existing class within the region surrounding the development utilizing metrics from the school district on -- it's not a hard and fast number. We know boundaries change, too, but I think that might help any future applicant illustrate school capacity concerns, because I think these questions are going to come from all seven of us for the foreseeable future. It's just helpful direction for word to be out that -- hope on that end will be good for us, so -- thanks. That's all. Item 7: Future Meeting Topics Simison: Okay. Item No. 7, future meeting topics. If not, do I have any other motion? Bernt: Mr. Motion -- or motion. Mr. Mayor. Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting this evening. Meridian City Council Meeting Agenda February 25,2020— Page 101 of 342 Meridian City Council February 18,2020 Page 34 of 34 Hoaglun: Second. Simison: I have a motion and a second to adjourn the meeting. Is there discussion on the motion? All those in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:24 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 02 / 25 /2020 Robert E. Simison, Mayor DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Meridian City Council Meeting Agenda February 25,2020— Page 102 of 342