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HomeMy WebLinkAbout2020-02-25 Regular Meridian City Council February 25, 2020. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, February 25, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Luke Cavener. Also present: Chris Johnson, Bill Nary, Sony Allen, Kyle Radek, Jeff Brown, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault Luke Cavener _X_ Mayor Robert E. Simison Simison: The meeting will come to order. For the record is Tuesday, February 25th, 2020. 6:00 p.m. We will begin this meeting with roll call attendance. Item 2: Pledge of Allegiance Simison: Item 2 is the 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: You don't want me to pray? Simison: If you would like to you are more than welcome to. Bernt: I move that we -- we have a little change on 6-A, the applicant has requested to continue to March 10th. I guess we will approach that when we get to that section of the agenda. With that I move that we adopt the agenda as changed. Hoaglun: Second. Meridian City Council February 25,2020 Page 2 of 40 Simison: As published. Bernt: As published. Hoaglun: Second. Simison: I have a motion and a second to adopt the agenda as published. 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: FIVE AYES. ONE ABSENT. Item 4: Future Meeting Topics - Public Forum ( Up to 30 Minutes Maximum) Simison: Item 4, future meeting topics, public forum. Anyone signed up? Johnson: Mr. Mayor, nobody has signed up. Item 5: Community Items/Presentations A. Transportation Commission Annual Report Simison: Okay. Then we will move on to Item 5-A. Community items. The Transportation Commission annual report. It will be presented by Mr. Ballard. And if you could state your name and address for the record, please. Ballard: Thank you, Mayor Simison. Mrs. Strader. Mr. Borton. Mr. Bernt. Mr. Hoaglun. Mrs. Perreault. Perreault. Excuse me. Perreault. And Mayor Simison. Good evening. My name is David Ballard. I reside at 2482 East Springwood Drive in Meridian. Currently I am the chair of the Transportation Commission. I have served for six years and I would like to acknowledge the privilege and the opportunity that I have been given to serve on the commission. I believe it is a wonderful opportunity to participate in a limited fashion in the role with the City Council and the government, as well as in the community at large. I would also like to acknowledge the other members on the commission. David McKenny. Stephen Lewis. Tracy Hopkins. Ryan Hall. Ryan Lancaster. Joseph Leckie and Tom LeClaire and I do that-- present company excluded -- because I believe these individuals bring a passion for transportation issues in Meridian. We have some very robust discussions in the commission and I think we do at least bring some resolutions to be considered by City Council. I would also like to acknowledge the deep technical experience that the other members have. There is a -- there is a traffic management construction individual. Two transportation engineers. Two attorneys. A banker. And last, but not least, is our youth member. Besides the technical experience, they bring a lot of practical experience to the commission. Now, in looking at the commission, it's called a Transportation Commission, but we are not limited to cars. We take up issues with bikes, scooters, pedestrians, which leads to pathway, sidewalks. Also transit. And last, but not least, rail. But the focus is moving people and freight. Key -- key phrase I Meridian City Council February 25,2020 Page 3 of 40 believe is moving people, just not about cars. About getting to point A to point B and looking at some resolutions. Now, overarching I believe is safety and the considerations in our conversations and also the aspect of community and good neighbors. So, for instance, we looked at an issue of an HOA -- HOA issue. They were looking at should we adopt or can we adopt a 20 mile an hour speed limit, as opposed to a 25 mile an hour speed limit. That was one issue. Another issue that comes up is people -- and I get it -- taking their children to meet the school bus, but, unfortunately, they crowd the road. Maybe park where there should not be parking and impinge traffic. But in discussing those issues we take into account can we offer a resolution to make that a safer practice. What can we do? And along those lines with sidewalks, Commissioner Lancaster volunteered to form a subcommittee to step back and if there is a particular issue to -- I don't want to say take it offline. It still is open. But the HOA that came in that had a discussion about parking and the school bus and pedestrians, they were able to take that conversation in the subcommittee and come up with a path forward. Another resolution. Now, sometimes it seems that we deal with unintended consequences. A lot of planning has gone into locating schools, building sidewalks, roads, pathways, what have you, but over time as a project matures, the subdivision matures, traffic exceeds expectations. One in particular -- and this happens more often than not. I think people chose -- choose the path of least resistance, so they avoid going into the parking lot. They avoid parking on school grounds and crowd into neighborhoods. Unintended consequences. And along those issues, when I say unintended consequences, the commission has asked -- and we started a dialogue with the Mayor this afternoon. The commission is asking to put more issues on our plate. More thought for consideration. And, again, we do that in the sense of our practical experience, our technical expertise, and if we are the Transportation Commission we are asking to have more transportation issues come before us. One that is in a very large -- or, excuse me, way out in the stratosphere -- is there an opportunity to review any plans. Again, I will use by way of example -- we have two traffic engineers. Pretty smart guys. And I use that as an example, because in our conversations in the commission will usually see something or something comes out that gives another idea, something to consider, or maybe what I call a path forward to resolving and so we have asked -- and this next Monday in the commission we will take up that conversation generally about what that may look for and we will have to visit with Mr. Nary about the legal ramifications and in some process can we be another voice. Now, I'm not asking to make a decision, because we are an advisory committee or a commission, but I'm asking if we can bring another set of eyes to a situation and maybe offer what I consider some deep transportation experience -- and I will exclude myself. So, from the Council's perspective we are asking what can we do to better help you in reaching decisions. Can we bring more information. Now, it's also kind of fun -- only a lawyer uses sometimes describing what he does or she does as kind of fun. But taking this work somewhat serious, but the commission also gives us an opportunity to build relationships. For instance, there are members of the police force that come in, ACHD, ITD, the school district, transit-- I'm talking about COMPASS and VRT and, then, Mr. Cavener on the City Council, but also gives us an opportunity to build relationships with other participants in the community, so as have been want to do over the last several years -- and I have done the presentation -- I haven't read from the official report. I'm bringing what I call a little color commentary. It was suggested that I use a new schtick this year, so I worked on Meridian City Council February 25,2020 Page 4 of 40 that. But in all seriousness what I -- what we are asking is can we take on a larger role and I, for one, have said I'm not here to make a decision, I'm here to make a recommendation if we can and so we just asked for that opportunity to expand our role and serve you and as I acknowledged to the Mayor earlier today, I serve at his pleasure and I serve at the Council's pleasure. So, I understand my place in life. In closing, I would say it's been a -- it's been a great opportunity. It's been a learning experience. And it's -- it's fun to see the process when people bring ideas forward and watch an idea form and be able to success -- suggest a resolution and it is a forum, it is an opportunity for the public to come in and hear something and maybe offer a suggestion and find a resolution. If you have any questions I would be happy to try and answer. Simison: Thank you, David. And before we see if there is any questions from Council, just I don't want David to sell himself short in terms of his expertise. I think that he's put more time personally into transportation in Meridian between the city and the chamber and other areas. So, don't sell yourself short either. Ballard: Thank you, Mr. Mayor. Simison: Are there any questions at this point in time? Or comments? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Thank you, David, for your presentation this evening. As a city we do have some commissions -- specifically the Planning and Zoning Commission that has, you know, quasi-judicial decision making responsibilities. Are you asking that you have the same type of decision making within your commission? Ballard: Not at this point, but if that is the desire of the Council within the legal parameters -- part of the discussion, Mr. Bernt, a couple of sessions ago -- I may have been a little too strong -- but one of the commissioners says we ought to be able to make decisions and I go no. As an administrative agency that's not -- that's not our call. That's -- we haven't been given that power. At this point we are an advisory commission. But if the role is expanded and can work out within those limitations and without delay in the process. I mean too many cooks spoil the soup. Bernt: Right. I get that. Ballard: But in some fashion if we have an opportunity --that's what I am focused --when I talked about unintended consequences -- if I can say this diplomatically -- I think something gets missed -- and is not intentionally, but in the planning stage something gets missed and after the fact that -- that problem comes to light. So, I'm saying if there is another set of eyes, I'm relying upon some experience -- and I'm pointing to that side of the dais where the traffic engineers sit, they will see some issue and the youth commissioner sits over here and I can recall at one instance when the youth Meridian City Council February 25,2020 Page 5 of 40 commissioner raised his hand and said here is the problem that didn't get solved. So, long answer to your question, if there is an expanded role, we would be happy to look at that and discuss if that is something that fits within the government and not asking to delay the process and insert somebody else, put another nose under the tent, if I can use that expression. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you very much. I'm curious if you think that the other folks on the Transportation Commission would be interested in reviewing -- kind of what you're getting at is reviewing development applications for potential issues and perhaps, you know, advising planning staff if you see an issue with something ahead of time, if you all would have the capacity to do that. And, then, I would also be curious -- I was sitting in on one meeting where we were talking about this thorny issue around Hillsdale Elementary School and the safe crossing to school there. You know, do you think if you had some kind of limited authority that there are certain small projects, like safe crossings and so forth, that the Transportation Commission would be interested in tackling? I guess define, if you can, some ideas about what an expanded role would look like. I would be interested to hear that, please. Ballard: Well, you have asked two questions there. The first one is do you think I -- do I think the other commissioners would take on -- let's say more responsibility, more work, and I can speak for one other member that was in the meeting with the Mayor, so he said yes. I think generally from our conversations over the last year or two in the commission is they are saying give us something more to work with. I think what comes with it, Mrs. Strader, is that if you are asking for more work, there is more responsibility and, yes, it's going to take more time. So, I think the general answer is yes. And from that comment I'm going to lead the discussion this coming Monday and talk about that. The second one that you mentioned is reviewing plans, again, within the limitations of -- of legal considerations. You know, at what stage do we look at it. There is some issues of -- again, if it's an advisory capacity you would be very early on in the process. One of the issues to talk about is we meet once a month, if we are going into look at plans or proposals it may necessitate twice a month meeting. So, again, that -- those are considerations. But your points are well taken and I think I will have to tell the commissioners we asked for another bite at the apple or a bigger bite at the apple and here is what we are willing -- or here is what they are willing to give us or maybe consider. You know, watch what you pray for, because you might get it. But, no, that expanded role would take on those considerations and in a heart to heart conversation with the other commissioners, if we are asking to do that, I think you have to understand that, yes, there would be more work, more responsibility. Strader: Mr. Mayor, quick follow up. Simison: Council woman Strader. Meridian City Council February 25,2020 Page 6 of 40 Strader: Some of the things I really struggle with -- we get into these meetings about specific applications, I struggle with, you know, our parking requirements, sometimes people need something different from a street perspective on the width and there are a lot of these little issues that keep -- seem to be continuously coming up and I do wonder if -- speaking only for myself, obviously, but if that is something you guys would be interested in weighing in on. It would probably be a lot of work, but, you know, providing input the way that other agencies do or even providing input when you see a problem -- maybe not necessarily in everything. But if you see an issue I would be interested to get that feedback, because I feel like we have subject matter experts that certainly are well versed in traffic, we have traffic engineers, I would like to get that -- that feedback from people if they see a fatal flaw with something or they think something's not making sense, I think it's better to know before you approve something versus trying to clean it up afterward. Ballard: And I think an overarching comment to that -- or response to that -- we are not asking to take over someone else's responsibility or to second guess -- I mean use P&Z but way of example, they review the plans. We are not asking you to replace their consideration, their processes, we are just asking to bring another set of eyes in. We are not trying to overrule. So -- and I appreciate the question. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, David, yeah, it's not often we get someone who wants to come up and say we want longer meetings, so I'm -- you know. But I was looking at the Transportation Commission's explanation of what they are about and, you know, going through and reading from -- from the document: This commission is a forum for transportation planning and project development that advocates for and promotes the advancement of a safe, efficient and multi-modal transportation network relating to roads, transit corridors, bike lanes, sidewalks, pathways and lighting and, then, it gets into the makeup and all that stuff. Ballard: Right. Hoaglun: That looks to me to be fairly broad. Ballard: Yes. Hoaglun: Everything -- all things transportation related that you guys can get into. So, I guess what you are asking for is an expanded role, but working with other commissions, with Planning and Zoning, with the Planning Department, I -- what -- with that fairly broad mandate, how -- how do you see that being structured? What are the ways that you would see that working? Meridian City Council February 25,2020 Page 7 of 40 Ballard: We talked about that, again, at the 30,000 foot level this afternoon and I think that may be on the early -- or, excuse me, on the front end of any proposal to look at those plans or would we, then, be making a comment to staff. Would we later be making the recommendation to City Council? So, I don't know within the legal ramifications or the parameters of where we would fit into that process, if that's on the early end. Your question about visiting with other commissions, again, without stepping on toes or trying to overreach, it would -- it would compliment saying from this perspective and bringing our expertise, you may want to look at it -- if I can use by way of example in the last commission meeting there was a proposal to narrow down the traffic lanes to ten feet -- ten foot travel lanes. Got to be careful, so I don't step on toes. One of the engineer says, well, you are going to accomplish the same with an 11 foot travel way and you can redesign the width of the bike lane and so that -- that has advocacy on both -- both ends there. But that was -- that was something else brought to the process to say there is another way to design it and accomplish what you want, both a bike line -- bike lane, pedestrian sidewalk, and a travel lane for traffic. So, it would be another comment to be considered. Now, that agency -- or that division -- I'm not sure exactly where that would go. We do not have a city traffic engineer, but some of that overarching information to talk with those agencies or those divisions and say here -- here is something else you might consider. Hoaglun: Mr. Mayor, just to follow up. Simison: Councilman Hoaglun. Hoaglun: Another comment. I'm never opposed to having more eyes look at things and weigh in, especially people who are in that field of reviewing what they are assigned for and it's just a matter of how -- how -- what that looks like, how it works and if that's -- if it's feasible in not slowing up a process, but keeping things flowing, but providing information. Ballard: Well -- and, Mr. Hoaglun, that is -- so, my task was to come and ask if we could start that dialogue and so I think, if I may, we have started that dialogue. I'm not sure how it looks, where it goes, where we fit into it, but we appreciate the opportunity and look forward to the next conversation. So, the wheels are turning a bit and somebody will say, well, I think you could fit here or fit here and we will work that out. Hoaglun: Thank you. Simison: And if I could just add from our conversation a little bit. We do have a new planner focusing on transportation and education. I think with that new position, when it comes online, it will provide some additional insight and time to be dedicated towards the transportation component, but some of this will involve, you know, where we have even left it from our conversation today is we are doing status quo and moving forward in terms of how the agendas are set. Caleb is responsible for those elements, but as we start bringing on these resources what does that look like, but a good example was a conversation that we just had earlier during the workshop about Locust Grove. Having them more involved in the phasing processes with ACHD as a commission, you know, I Meridian City Council February 25,2020 Page 8 of 40 don't know if the commission comes and presents to the transportation commission when they are doing road section improvements in Meridian. I don't think that's been something that's traditionally been on the -- as part of the conversation, but maybe that's one element. So, really, there is two sides of the equation here. If there is something that you can think of that would be beneficial to you as a decision maker from them, from what you have heard in your two months or two years or more, what would that be and let's see if that makes sense and they, too, will be looking at what makes sense from their standpoint. Maybe when we bring somebody on -- so, maybe by summertime we can have a more in-depth conversation about what that might look like. Ballard: Mayor, thank you. And I will work on getting your name right. Excuse me. Thank you for the opportunity. Item 6: Action Items A. Public Hearing Continued from February 4, 2020 for Sky Mesa Highlands ( H-2019- 0123) by HHS Construction, LLC, Located at the NW Corner of S. Eagle Rd. and E. Lake Hazel Rd. 1. Request: Annexation of 31.96 acres of land with an R-4 zoning district; and 2. Request: Preliminary plat consisting of 75 building lots, 11 common lots and 2 other lots on 30.6 acres of land in the proposed R-4 zoning district. Simison: Thank you, David. Appreciate it. Okay. Item 6-A is a public hearing continued from February 4th, 2020, for -- for Sky Mesa Highlands by HHS Construction that the applicant is requesting continuance. So, this has already been opened in the previously -- need to open it again. Okay. So, with that I will open this public hearing. Allen: Thank you, Mr. Mayor, Members of the Council. We are on 6-A; correct? Simison: Correct. Allen: The applicant did request continuance to March 10th in order to continue working with ACHD on development requirements. Simison: Okay. Thank you. Is the applicant here? Not seeing them, was there anybody from the public who is here to testify on this item today? Okay. With that, Council, do have any motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council February 25,2020 Page 9 of 40 Hoaglun: I would move that we continue the public hearing for Sky Mesa Highlands, H- 2019-0123 to March 10th, 2020. Borton: Second. Simison: I have a motion and a second to continue the application to March 10th, 2020. Is there any discussion on the motion? If not all those in favor signify by saying aye. Oppose nay. The ayes have it. The case is continued. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing for Edington Commons ( H-2019- 0109) by G20, LLC, Located at 3610 N. Linder Rd. 1. Request: Annexation and Zoning of 14.56 acres of land with R-15 zoning; and 2. Request: A Preliminary Plat consisting of 92 building lots, 10 common lots and 4 other lots for common driveways on 13.49 acres of land in an R-15 zoning district. Simison: Item 6-B is the public hearing for Edington Commons, H-2019-0109. I will open this public hearing with staff comments. Allen: Mr. Mayor, Members of the Council, the next application is a request for annexation and zoning and a preliminary plat. This site consists of 13.49 acres of land. It's zoned RUT in Ada county and is located at 3610 North Linder Road, just north of West Ustick Road on the east side of North Linder Road. The Comprehensive Plan future land use map designation is medium density residential, which calls for three to eight dwelling units per acre. The applicant is requesting annexation and zoning of 14.56 acres of land with an R-15 zoning district for the development of 92 single family residential attached and detached units at a gross density of 6.83 units per acre, which is consistent with the medium density residential future land use map designation. A preliminary plat is proposed consisting of 92 building lots, 11 common lots, and four other lots on 13.49 acres of land in the R-15 district. The plat is proposed to develop in two phases and the phasing line is shown here in the darker dashed line here. Access is proposed via North Linder Road, an arterial street, with stub streets proposed to the east and south for future extension. Public streets are proposed for internal access, some with 27 foot wide street sections, which are reduced, which only accommodate parking on one side of the street, four common driveways are proposed for access to homes off the public streets. To address staff's concerns pertaining the amount of on-street parking available within the development, with the narrow lots and reduced street sections, a parking exhibit was submitted as shown depicting a total of 15 parking spaces for use by residents and guests, which should be adequate for the proposed development. A minimum of ten percent qualified open space and one site amenity is required to be provided for the development. The open space exhibit shown includes a couple of small areas that do not Meridian City Council February 25,2020 Page 10 of 40 qualify. However, the other areas shown comply with the minimum UDC standards. The Coleman Lateral, which runs along the northern boundary of the site, is proposed to be piped. Site amenities are proposed in excess of the minimum standards as follows: A children's play structure, swing set, seating benches, climbing rock, climbing dome and pathways. The multi-use pathway proposed along the northern boundary of the site adjacent to the Coleman Lateral complies with the pathways master plan and will eventually extend to the east when the property redevelops to the existing pathway in Woodburn West, providing a connection to the on-street pathway along Linder Road for safe pedestrian access to the middle school to the north. The western portion of the pathway is proposed to extend to the north across the adjacent Sawtooth Middle School property and that is shown on this exhibit right here. This is the little segment that will be on the school district property. Photos of that attached and detached homes posed to be constructed in this development were submitted as shown on the right. All homes along the west perimeter boundary of the development adjacent to Linder Road and others as depicted in red are proposed to be a single story in height. Building materials consist of a mix of siding, horizontal and vertical lap siding, and board and batten with stone veneer accents. The attached structures are required to comply with the design standards in the architectural standards manual. For aesthetic reasons and to ensure consistency with the concept elevations originally submitted with this application shown on the left, staff recommended a development agreement provision requiring all homes be constructed with minimum one foot wide fire rated eaves on all four sides consistent with previous Commission and Council direction on this matter. Although the Commission preferred the appearance of eaves on homes, because they are not required by the UDC or building code, they were hesitant to require such and removed staff's recommended condition requiring such. They requested City Council address whether or not there should be a policy or code amendment requiring such on all homes in the city or if it should just be a development agreement provision when and if determined appropriate. If Council determines that eaves should be required, development agreement provision A-1-D in Section 8 should be reinstated. Summary of the Commission public hearing. The Commission did recommend approval to Council. The following folks testified in favor. Hethe Clark from Clark Wardle, the applicant's representative. Julie Ann Domingo. Serena Ormsby Alvarez. Stave Yapyap. Peng Cheng. Laren Bailey. Justin Cranney from Hawley Troxell representing the Lester and Betty Vogel Trust. Dennis Green and Tina Folden. No one testified in opposition of this application and Steven Lloyd commented. Written testimony was received from Whitney Montgomery, Kelly Woodhouse, Michelle Anderson and Cheryl Garpetti, all homeowners in existing subdivisions by this developer. They are all in support. Letter from Laren Bailey, the applicant, to Steve and Andrea Lloyd, the property owners to the east, agreeing to limit the height of homes to a single story adjacent to their property on Lots 20 and 23 through 26, Block 1. Jake Centers, Blackrock Homes, Justin Cranney, Hawley Troxell, representing Lester and Betty Vogle Trust and Hethe Clark, the applicant's representative, stating that he is in agreement with the Commission's recommendation. Key issues of discussion by the Commission are as follows: The possibility of floating the mixed use designation on the property to the south -- to the southern portion of this property and adding a commercial or a multi-family component to enlarge the mixed use area and provide a transition and integration of uses from the residential to the future commercial Meridian City Council February 25,2020 Page 11 of 40 uses to the south. Staff recommendation for four-sided eaves and a cohesive color scheme to be provided for the overall development, featuring a minimum of two field colors, a trim color and an accent color, or unique material and garage doors coinciding with this scheme or other accents. The provision of an emergency access to the site that meets Fire Department requirements. The location of the micro path along the east side of the site providing a connection between the multi-use pathway and the common driveway and it not being visible from the public street, creating police surveillance concerns and I will just stop and back up here and show you that real quick. It's the little pathway right here. There is a condition in the staff report that requires that that pathway be relocated in this vicinity right here. The available -- availability of on-street parking for guests and whether or not reduced resections should be allowed and their impact on on- street parking. The provision and alignment of a ten foot wide multi-use pathway and qualified open space along the northern boundary of the side and location of the existing easements and, finally, the impact of the development on area school enrollment, which is currently over capacity and the school district's request for no homes in this development to be occupied until 2021 , which Pleasant View will be open and the cap on Hunter Elementary will be lifted. The Commission made a couple changes to the staff recommendation. They struck condition A-1-C, which requires a cohesive color scheme to be used for the overall development, featuring a minimum of two field colors, a trim color and an accent color, or unique material with garage door colors coinciding with this scheme or other accents. Design reviews should not be required for single family detached homes and strike condition A-1-D, which requires a minimum one foot wide fire rated eaves to be constructed on all four sides of homes within the development. There are a couple outstanding issues for Council tonight. The Commission would like direction from the Council as to whether or not there should be a policy requiring four sided eaves to be constructed on homes within the city. The Commission generally preferred the appearance of eaves on homes, but because they aren't required by building code or city code, they were hesitant to require them through the development agreement. If Council determines eaves should be required, DA provision A-1-13 in Section 8 should be reinstated. And, finally, the Commission recommended for Council to consider if the development as proposed provides an adequate transition to the mixed use designated parcel to the south approved to develop with commercial uses and what could be done about making sure that commercial piece doesn't get blocked in and I will just flip to that map real quick to show you what's been conceptually approved on that property to the south. It looks like there is a gas station, fuel Island, retail commercial space and a bank. A stub street is proposed to the south and the back of homes face that property currently. There is no mix or integration of uses proposed. It was something that the Commission spent a lot of time discussing when the Alpina Townhomes came in previously on this property with the integration with the property to the north. The Commission recommendation, again, was approval with the requirement of a development agreement for the amended provisions in the staff report. There has been no written testimony since the Commission hearing, except for the applicant's response that he is in agreement with the Commission recommendation. Staff will stand for any questions. Simison: Thank you, Sonya. Do we have any questions for Sonya at this time? Meridian City Council February 25,2020 Page 12 of 40 Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Sonya, what year was that conceptual plan approved for the Sugarland property? The development agreement on the -- Allen: Mr. Mayor, Council Woman Perreault, I do not remember offhand. I think that was dated from '13. The applicant actually -- the applicant's representative Laren Bailey actually worked on that project. He can probably tell you. Perreault: Thank you. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Sonya, can you, please, explain to me what the concern is with the commercial property to the south and how it might be possibly blocked in? Allen: Mr. Mayor, Councilman Bernt, Councilmen, I can't explain to you exactly what they meant by that. That was the Commission's words, not mine. But I think it was more there being a public street access to this site and the backs of homes facing the future commercial development. Just not a lot of, you know, integration of uses. Bernt: Mr. Mayor, follow up. Simison: Councilman Bernt. Bernt: After reading the minutes of the Planning and Zoning Commission public hearing, I know that there was issues with transition, but I'm trying to figure out how -- what the concern is with it being blocked in. Allen: Like I said, it's their words, not mine. I'm not sure what they are --what they meant by that. Bernt: Okay. Strader: Mr. Mayor? Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I apologize. I'm trying to get one in. What is the percentage of qualified and minimum open space? I read in the staff report that it is not adequate. What is the exact percentage, please? Meridian City Council February 25,2020 Page 13 of 40 Allen: Mr. Mayor, Council Woman, it -- it is adequate. It does meet our minimum standards. The original analysis did not and they have made their recommended changes to the plans that staff asked for, so now they do comply with that. The qualified open space exhibit shows that it is 13.47 acres, roughly 15 percent -- excuse me. Not 13. That's the area of the site. 2.02 acres, 15 percent of the site. Like I said, there are a couple areas that the applicant has shown on their plan that -- like these entry strips here that do not count towards a qualified open space, but the area that does count -- does meet and exceed the UDC standards. Strader: Mr. Mayor, follow up. Simison: Council Woman Strader. Strader: I'm trying to figure out from the -- what -- what we count as qualified open space or usable open space what the percentage is. So, would that approximate 15 percent include these small areas you are indicating here, that, in your opinion, don't meet the definition? And take a couple of minutes if you need to to calculate it. Allen: Mr. Mayor, Council Woman Strader, Council, I don't know what that area is. I did ask the applicant to remove that from their exhibit, but they did not. So, they may know better than I do an approximate percentage without those areas. Strader: Thank you. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, Council Woman Perreault, I just looked up the Sugarman development agreement was 2014. Perreault: I was wondering if -- with the Mayor's permission I might speak to the count -- the Commission's concerns, having chaired the Commission at the time that -- that these hearings were happening, if that's okay. We had heard that Alpina Townhomes application three different times. They came back with different versions of design for that four acres -- roughly four acres that sits to the south and the concern was that that four acres is too small to develop into the use that is intended on the Comprehensive Plan. That applicant -- they were looking to do townhomes. Of course there is a variety of different things that could be -- could be put in there, but the main issue that -- that we were coming across was being able to get access from -- to arterial roads in an appropriate location when access from arterial roads was really limited. So, because it's just such a small piece of property it was very hard for -- it is not going to matter what you put on there, it's going to be very hard to access, because of the shape and the size and so every time that the applicant came to us on that -- on that Sugarman property when the applications were presented we encouraged them to go to the neighbors to the north, which is our applicant this evening, and the neighbors to the east to talk with them about Meridian City Council February 25,2020 Page 14 of 40 developing that entire corner in a uniform way and really encouraged them to do a mixed use and so in all three of those hearings that we had on the Planning and Zoning Commission all of the representatives from the -- the -- from the listing agents to the owners of all of those properties were present at at least one of those hearings and were aware that that was what the Commission was recommending to -- was recommending to all the property owners of those three parcels. So, the concern really lay in accessibility of that -- that four acre piece. We didn't have conversation, of course, at that time with transitioning from this four acre piece to the 13 acre piece we are hearing this evening, because we didn't have an application for the 13 acre piece yet. But there -- there was some conversation about what that would look like and so I don't know what has transpired from that point in time. The -- the owner of the 13 acre piece to the north was -- was still marketing that property and I assume has since sold. So, what's happened since then -- what I can say is that the Commission -- that's what they are trying to communicate. They are still concerned about the size of that four acre piece, the 13 acre piece to the north and being able to integrate that whole corner. It also creates challenges for the eight acre piece to the east, but if that applicant hasn't presented any comment on this application -- or if that owner hasn't presented any -- any issue, then, that's -- that was their choice to do so. So, I hope that helps. Simison: Thank you. Hoaglun: Mr. Mayor, a question for staff. Simison: Councilman Hoaglun. Hoaglun: Sonya, do you happen to know what the distance is from Linder Road to the entrance for the Sugarman property and it looks like that road is straight that goes through the commercial and, then, to the residential. Allen: Mr. Mayor, Councilman Hoaglun, I'm sorry, I do not. To the northern boundary -- or to the access on Linder? Right here? Is that what you're asking? Hoaglun: What I'm asking, Mr. Mayor and Sonya, is the distance from Linder Road going back east to the entrance to the commercial property. Allen: Oh. Right here? Hoaglun: Yes. Allen: I'm sorry. I do not know and I can't scale this right here, so -- Hoaglun: Yeah. Mr. Mayor, it's just -- it's hard to tell. Allen: And the applicant's representative may be able to tell you that. Meridian City Council February 25,2020 Page 15 of 40 Hoaglun: Yeah. I just want to make certain that if you are heading east and you want to turn into the commercial subdivision or into the residential park, are you in the turn lane trying to turn -- left turn lane that's going east or are you -- how far are you beyond that. On this scale it shows the turn lane turning right is just after that. The closer that these entrances are to intersections, we all know the busier it gets and the more complicated it is and -- and things like that. So, I'm -- I'm just concerned about that. I do have a question for -- for staff. Another question, Sonya. And that is in this it talks about the Coleman Lateral is proposed to be piped, but they are going to put in a pathway on the northern boundary of that. So, there will be access to it, but it is piped. I just want to make sure that I read that correctly. Allen: Mr. Mayor, Councilman Hoaglun, Council, the applicant did confirm to me that it will be -- both sections of it will be piped. There is a short segment right here and, then, there was also kind of a separated segment right here and he confirmed that they would both be piped. Hoaglun: Thank you. Simison: Do I have any other questions for staff at this time? Okay. Then I will ask the applicant to please come forward. State your name and address for the record, please. Clark: Members of the Council, excuse me, Hethe Clark. 251 East Front Street in Boise, with a law firm of Clark Wardle, representing the applicant. And, Sonya, could you bring up that PowerPoint. Got it. Okay. So, we are here before you tonight with a medium density development that's near major traffic corridors. It's intended, like other projects that this builder does, for high quality, low maintenance product, often for empty nesters and small families. I want to emphasize a couple of things about it. The R-15 zoning that's been proposed complies with the medium density Comprehensive Plan designation and the design of the project fully complies with R-15 in turn. So, in other words, we are in conformance with the Comprehensive Plan designation. We have requested no variances from the zoning that has been identified. A couple of items I would also point out. As Sonya mentioned, we have self imposed a few things, including the pink lots are limited to single story. We have done a large half acre park. We have gone well over on the required amenities providing five, where only one is required. We have provided what in our view is 15 percent open space, but Council Member Strader, even if you take out that area that you have identified, which is give or take maybe seven or eight thousand square feet, we are still well above the -- the minimums and I think importantly to date -- and I don't want to -- I don't know who is here tonight, but to date we have had very little to no opposition. This has been a fairly straightforward progress -- process that just required some -- some conversations with P&Z to get over a couple of items. So, as -- as Sonya mentioned, our parking -- and I do want to clarify this. Our parking does exceed code. We have four parking spots for residents and 50 on-street parking spaces and we had a meeting with Deputy Chief Bongiorno, we have -- and it's been approved by Fire. There, as I understand it, is no issue on the -- the staff level with regard to the adequacy of the parking plan. Also wanted to follow up on the regional pathway. This -- you can see with the red arrow points to the regional pathway. That location has been approved Meridian City Council February 25,2020 Page 16 of 40 by planning staff and by parks. We are in agreement with the condition language that's been proposed by staff. I did want to just clarify one item just in case there was a question in anyone's mind. I think Sonya mentioned that this does go on to the Sawtooth Middle School property. We have discussed that with West Ada School District. Their staff is on board with that. In order to finalize that we have to go in front of their trustees, but we can't go in front of their trustees until we have an approval at Meridian. So, it's a little bit of a chicken in the egg element, but we will be coordinating that process, if we are fortunate enough to get an approval, and we, obviously, would coordinate and install the improvements on -- on that site. I also wanted to talk about schools. Of course, you know, this has been a topic that's come up quite a bit lately. Before I talk about that, think it's important to keep in mind how long it takes to get these projects done. So, obviously, right now we are at the preliminary plat stage. After we have finished this preliminary plat we still have to come back and get a final plat approved. Once -- that's going to take several months. Once we do the -- in order to record the final plat we have to install street improvements, do all that sort of thing. So, the timing of this is such that we won't have residents until 2021 and very few at that. You know, we will still be at the beginning of the sale of this project and so given that, you know, we have discussed with West Ada what their timing is. At that point Owyhee High School will be online, as you -- you guys are all very well aware. Also the Pleasant View Elementary will also be online. That -- what that means is that the planning that the school district has done to match your city's comprehensive planning is working, that, you know, these schools will be coming online as the -- as the residents will be arriving. You know, one other issue that I would point out there, too, and I think it's kind of important to keep in mind is that this is a different type of product than you might typically see in a -- in a Meridian subdivision. This is dense product. These are smallish homes that they are intended for empty nesters. They are intended for, you know, starter homes. You are not talking about homes that are typically going to have the -- the five, six children in them and, in fact, when we have done surveys of our other projects we have found that the number of students is, give or take, approximately half of what's generally developed -- or generally generated in these types of subdivisions and many of those students come from within the district already. So, we think that there is a good plan here and that school is -- is very much adequately addressed. So, as I mentioned -- or as Sonya mentioned, we are in agreement with the Planning and Zoning recommendation, which it would be awesome if I could just drop the mic right now and turn around and walk away and tell you that's great, but there are these other points of conversation and I guess it was just too good to be true. So, I want to go over these two items that Sonya discussed with you. So, the first one is this -- the transition to the property on the south and with regard to that I do want to make a couple of quick points. That site does have an approved plan. The development agreement for that Sugarman commercial subdivision was signed in 2016. So, it's recent. It has a commercial entitlement. That commercial entitlement includes accesses onto Linder Road and Ustick. We think there will probably be a stub that's required to the east when the east property develops. So, in terms of blocking it in, we just don't see that as happening, to answer your -- your question, Council Member Bernt. With regard to the question of -- of transition, which I think is the second point that was raised, we have provided, as you can see here where I'm pointing, a wall of dense homes and we think that density is the best way to transition between these two products or projects. If you Meridian City Council February 25,2020 Page 17 of 40 run a density calculation for this area that I'm kind of circling here, you're looking at about 11 -- or, excuse me, about nine units per acre. So, from our east boundary over to Linder. If you were to replace that with say four-plexes you would only actually end up with about six and a half units per acre, because you would have to put in internal parking and you would have to put in sidewalks. So, in fact, you -- you end up with more open area between the two projects if you were to do four-plexes than you would with -- with what we have proposed. You also have the -- you know, the comp plan designation for this area is medium density, which means your-- you can go three to eight units per acre. So, you would be working against that cap as well. And, then, the final -- the final point I would make with regard to that is the Comprehensive Plan. We have been hearing for the last couple years -- you know, I got a couple familiar faces and, then, we have got some new faces, but we have been hearing for the last couple years that, you know, hey, the comp plan designation -- we need to respect it, you know, let's -- let's stick with it. We just went through a comp plan process just a few months ago. This property stayed the same during that process. No, there was not a change to either our property or the property to the south, which we don't control. So, you know, from our perspective, you know, given what we can control, we think that we have -- we have done a good job of trying to transition to that property. The next point I would make is that we have been in discussions with the neighbors to the south and they approved the connection point to our property. You know, they have not indicated any objection to what we are trying to do here. So, you know, while we appreciate the concerns for sure and we want to make sure that -- that the planning that the city does can play out, we think that we have done what -- what should be expected of us here given the -- the comprehensive planning and the -- and the zoning ordinances that were in effect at the time of our application. Then the last thing -- and I will just -- I'm just calling this the uncodified design standard question -- is a reminder -- and I think we are just talking about eaves, but as a reminder there is -- there is no design review for single family detached buildings or residences in -- in Meridian. You know, staff has pointed out that additional standards can be imposed using a development agreement, but they still need to have some sort of a nexus to the property, they still can't be arbitrary. So, staff's talked about having a, quote, policy for four sided eaves and as a preliminary matter I do want to say that this builder, which is Blackrock Homes, does install eaves on the front and the back of the homes. The eaves on the front wrap around about four feet. So, we are not talking about the fronts or the back. They do use eaves on the sides where it faces streets. Really what we are talking about is in those kind of tight areas between -- between buildings whether they should be required to include eaves in those locations. The justification that we have heard is for aesthetic, as well as drainage reasons, and that's from the -- from the staff report. But to be clear from a drainage perspective there is not a drainage problem without eaves. Oops. Let me go back. The International Building Code does not require eaves. That's because drainage is addressed by fine -- fine grading at the base of the building. You know, water doesn't fall straight down. A one foot eave isn't going to keep water off the walls and this is totally tongue in cheek, but I included a picture here of that Geico house with the snow globe on it. That's about what you would need to keep the water off the sides of the building. You know, a one foot isn't going to address that. So, if it's not for drainage, it's got to be for aesthetics, and aesthetics are, obviously, in the eye of the beholder. The UDC doesn't have a standard that requires eaves and there are many Meridian City Council February 25,2020 Page 18 of 40 common architectural styles that don't include eaves. So, you know, Cape Cod and southwestern adobe. I have included pictures here. They don't have eaves. And so what we are asking for is for the Council ultimately not to micromanage the process. We have these pictures that I have shown on here, you know, this is what the product looks like. We can't build it fast enough to keep up with the demand and each of these homes are one hundred percent within code and they include eaves on the front, back, and otherwise where appropriate and I --we are asking you to leave it at that, rather than asking to make subjective design decisions. So, with that I will wrap up. Again you have a project before you with 92 residential lots and we are in agreement with all the conditions of approval that P&Z has recommended. The biggest question tonight should be does this meet code and if it does it should be approved without imposing new uncodified design requirements and this is the point -- you know, Council Member Bernt, Council Member Borton, have seen me do this a number of times. I usually put up a slide now that says here are the changes that we want to the condition -- conditions of approval and this is the point where I get to go none. So, that's time. No, it wasn't time. With that, Members of Council, I would be happy to answer any questions that you might have. Simison: Thank you. Council, any questions for the applicant? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you very much for all -- all of the individuals here that -- that represent the applicant and we really appreciate the -- the pathway that you are going to -- that you are going to put in and at this staff's request that's -- that's fantastic. We are trying to get that pathway connected across the city as fast as we can and -- and every participant that helps us with that we really appreciate. So, I want to say that first. Secondly, in the -- in the application there was a statement by the applicant that said that they are asking for an R-15 zone due to dimensions versus density and so I wanted you to elaborate on that a little bit for us. Does that mean that setbacks are more narrow? Obviously, it sounds like your density is somewhere around -- just under seven units an acre. So, could you elaborate on that for me. Clark: Mr. Mayor, Council Member Perreault, the answer is yes. I think you have nailed it. The -- the density falls within either an R-8 or an R-15, but we went with the R-15 to allow for the -- the smaller setbacks. It's still within the -- the limits of the medium density designation. Perreault: Is that three foot on either side of the property line -- interior setbacks? Clark: Yes. Council Member Perreault, that's correct. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council February 25,2020 Page 19 of 40 Strader: Can you give us a feel for the price point these homes serve -- or even just like a discount to the market average if you believe that this meets somewhat a definition of having more affordable housing stock. Clark: Council Member Strader-- so, Council Member Strader-- and my clients will -- will yell at me if I misunderstood the hand signals, but this is a 300,000 and lower price point, which is something that is just desperately needed in -- in Meridian and they are the number one builder within that price point. Strader: Mr. Mayor, quick follow up. Simison: Council Woman Strader. Strader: Could you get a little more granular on the timeline of when each phase of your project will be delivered and why you feel this will not necessitate a timing restriction in terms of, you know, you have heard loud and clear we have a ton of concerns about school overcrowding. Clark: Uh-huh. Strader: Could you just may be address that a little more from a timeline perspective. Clark: Yeah. Council Member Strader, so the -- we are currently at the preliminary plat phase. We -- oh. Council Member Strader, I just got a little more detail for that. So, we are still at the preliminary plat phase. We still have to get ourfinal plat. We don't anticipate that we would be able to pave this before the snow flies in '20. It's anticipated it would be July of 2021 . So, that -- that's when we would be looking at -- at folks being able to -- you know, being well under construction and having homes for sale after that point. So, just to clarify that, so I think what I said was -- was compressing the timeline for actually building the homes. So, it's July of 2021 for paving and, then, we are under construction for the homes. So, several months after that. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: So, to clarify, what you are saying is -- is that you are going to start construction of these homes after July of 2021 . Clark: Council Member Bernt, that's correct. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council February 25,2020 Page 20 of 40 Hoaglun: Mr. Mayor. Mr. Clark, if we could go back to the slide I think -- well, they say a picture is worth a thousand words. That helps me where you had both the commercial and the residential showing. There we go. Because I think that answered my concern, because when looking at the residential portion and seeing that street come and, then, seeing the commercial separately and thinking they were lined up, I was having concerns, because I thought there is no way where that Northwest 15th compared to Linder Road would allow adequate ingress and egress coming -- if you are headed east. But I see it is offset and it's moved down. So, that takes care of my concern there. I did have a question regarding that space that you showed the bank and, then, to the north, there is parking and, then, an open space. Is that just open space? Green space? There is not going to be a structure there that we know of? Clark: Council Member Hoaglun, the -- the answer to that question is that it's -- it's not property that we control and so I don't know the -- whether there would be -- you know, exactly what would be used on that. But I think the -- the larger point that we were trying to make is just these -- our neighbors do have an approved project with an active development agreement on it. Hoaglun: Okay. Good. Thank you, Mr. Mayor and Mr. Clark, and -- and just a little bit further--and I know you don't control that aspect, that could be --that becomes an egress to development that occurs to the east. It does -- having a family situation where a property backs up to a commercial and -- and restaurants have gone in and trucks park and it's -- it harms the values of some of these homes when you -- when -- when you do that, when you don't have a buffer. I mean it's -- just so you go into this with your eyes wide open, I -- I don't doubt that, but -- but that -- that does have issues. As to the eaves, for me you have got the eaves in the front, you have got the wraparound and -- and to me it seems like when you have those narrower setbacks -- I mean it allows -- and I don't know if the Fire Department wants to weigh in, but I would assume that would help for -- if you have got to go up a ladder and -- between houses you have got more room to do that without eaves, so -- if you need to access a window or something. But that's not my area of expertise. But I don't have an issue with the eaves. The wraparound -- when you drive by you don't really notice the eaves on the side. So, that's -- that's not an issue for me, so -- Simison: Thank you. Anyone else have any questions for the applicant at this time? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Hethe, I only have a couple of questions and I thought this is a good example, this project, of some things we are trying to do with open space with its proximity to a -- to the school and the school site and the ability to -- it's not a city park, I understand, but is available open space, which is somewhat unique and a benefit for these -- for these residents. I don't know if I'm capturing what's intended with -- is that the emergency access in the southwest corner to Linder Road? Meridian City Council February 25,2020 Page 21 of 40 Clark: You are talking about this, Councilman Borton? Borton: Yeah. Clark: Yes. Yes. This is -- so, that is the -- the -- one of the -- the conversations that we have had below was we are not going to be able to get above -- and I don't remember the number of lots -- without having our secondary access and so that lot would -- is it that one, Laren, that you -- that -- that lot would be an interim emergency access until this property to the south develops. Borton: Got you. Clark: And we are conditioned accordingly. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Then to follow that through, what happens to that emergency access? Does it get removed, greened up, and become open space? Clark: Yeah. Council Member Borton, that can be -- it would become a home again at that point. Borton: Okay. It would be or will be? Is that -- is that decided yet? Clark: It -- it would be. Once we have the secondary access resolved then -- then we intend to develop that as a home. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: At first blush that strikes me as a little odd to have perhaps a single family home, you know, adjacent to what will be probably cars queued up, turning right and left, in and out of a gas station, as opposed to being perhaps some buffer with some landscaping. know it's a lot, but I had assumed it might have been greened up. The other question, if I could, is the comments on the eaves -- and that -- I think eaves apply and should apply everywhere and -- with some exception, but -- but I really subscribe to their value, one, two or three feet, and better than nothing in throwing water away and -- and I have just seen -- and you probably have in other circumstances as homeowners who deal with some of the weather and water rot that can happen. So, I think eaves do certainly serve a purpose, which I thought you would -- to challenge you about it, I thought you would -- would argue that eaves do have a great value, but in some circumstances -- and an R-15 is a great example where you have got reduced setbacks, dimensional standards sort of negate the value and utility of them and it's the R-15 which makes the side eaves not Meridian City Council February 25,2020 Page 22 of 40 warranted, as opposed to eaves don't serve a valuable purpose to the home itself. I think they do in the R-4 and R-8. I would love to see us develop, for everyone's benefit, an actual standard to confirm they should be anywhere they can truly function, but I do -- and I assume that might be where you were going, it's R-15 and these unique setbacks create the unique circumstance which warrants excluding them here, so -- Clark: Council Member Borton, I -- I like the nuanced lawyer argument, you know, and -- and I appreciate the point that you are making. I think the larger point is that we, as a city, and we as the development community coming in before you with applications, should know what we are up against and we shouldn't be coming up with -- with new design requirements that aren't -- don't have a basis in the code. The point I would take issue with in terms of -- of your argument there is that the International Building Code doesn't require eaves for a reason and it's because they really don't serve that function. You know, they really are more aesthetic than anything. We don't have eaves on commercial buildings. We don't have eaves on Cape Cods. You know, there is a lot of instances when they are --when they are not required and I think it would be a little heavy handed and I -- and I think overengineering the process to say that they just need to be there all the time. But your point on the R-15 is well taken, that -- and I think we are saying largely the same thing there, is that where Blackrock tends not to use these is in the narrow areas between the homes where you can't see them anyway. So, it's just wasted expense, so -- Borton: Okay. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I don't know if this is a question for the applicant for staff, but it's my understanding that this property to the south, that's just the conceptual design that's approved with the development agreement. That isn't an actual plan that's in -- in construction or in development at this time. So, since we don't know when that's going to come about, I agree with Council -- Councilman Borton's concern about what happens with that lot, because if they don't develop that for several years is the builder going to come back and finish that one property out? Do you have any thoughts on that? Clark: Council Member Perreault, if-- if I understand the point you are making, as we are looking at that, you know, we don't control the property to the south. All we can do is look at it and say, hey, there is -- there is a plan that's been approved and this is the site plan that was approved and is attached to that development agreement. So, they are -- they are allowed to go forward with these uses and so I -- you know, whether they would want to modify the site plan, we would all be speculating, but all we know is based on what's there that they can move forward with that. And Laren just reminded me that this is an approved final plat down there, so there is not an expiration on it. So, it wouldn't time out either, so -- Meridian City Council February 25,2020 Page 23 of 40 Perreault: Mr. Mayor, follow up? Simison: Council Woman Perreault. Perreault: So, I guess maybe I didn't ask my question as clearly. Is the applicant planning on -- let's say they -- that they don't actually -- since there is no expiration, which understand it's part of the DA, if nothing happens there for -- for quite a few years, is the applicant planning on coming back later and -- and putting a residence there or is that going to be left as open space and Councilman Borton already asked that question and I -- I'm asking for really first a safety reason, in addition to -- I'm not as concerned about the aesthetics, but I agree that -- that I have a safety concern about whether that's used for pedestrian use or whether -- whether it's going to be right next to a commercial in and out. Clark: Council Member Perreault, the -- the applicant has agreed to a condition of approval that says that we have to use that as a secondary access until such time -- Perreault: Okay. Clark: -- is that we have another secondary, which would come through our neighbors to the south. So, it will be a temporary access until somebody comes along and does something down there. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just to pile on a little bit more in an open discussion so you will have an opportunity to respond. I tend to agree very strongly with the point raised by my fellow Council members that having a home -- I think it's Lot 22 sort of just facing this commercial development, not ideal and can create a safety concern. Certainly creates an aesthetic concern. I'm imagining the odd chance that there is a kid living in that house, there is no buffer, they are right next to a future road. I'm struggling a little bit with that one. commend the pathway. I commended the -- meeting the open space requirement, that you guys did that. This is one of my probably remaining concerns. Clark: Council Member Strader, I appreciate -- I don't -- I don't know if there was a question there, but I -- the points that I would make would just be that we are in excess of the open space requirements and we are comfortable that that would be a marketable lot with appropriate fencing, you know, in the event that it -- that there is a secondary access and that's allowed to be redeveloped for a home. Strader: Mr. Mayor, follow up. Simison: Council Woman Strader. Meridian City Council February 25,2020 Page 24 of 40 Strader: If this was -- if this ended up being a condition of approval, I mean are you open to that change? Because -- and you won't have an opportunity, once we close our discussion, to talk about how important it is to the rest of the Council, but I would like to understand the applicant's position on that. Clark: Council Member Strader, you're asking if we would agree to a condition of approval that that would be permanently open space? I think the -- the answer is that I -- I would be happy to talk about it with my -- with my client. I have a hard time seeing the -- the code basis to take away the lot when we are already in excess of the open space requirements and so -- sorry? Strader: Mr. Mayor, follow up. I -- you know, the UDC and code are very important and I understand that that's the letter of the law, but our Comprehensive Plan speaks very specifically to the importance of transition and so I would just caution you that I tend to take a wider view of our role in terms of what considerations we have holistically, not just the letter of -- of the UDC or meeting a specific requirement, but integrating your project into the community really well. So, if you are doing that great on one part of your property with a pathway, I have some concerns about this particular lot here having a home right there -- not even the back of a home. Anyway, that's -- that's my two cents. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Is this -- is this subdivision going to be similar to that of Verado I'm assuming? Clark: Council Member Bernt, yes. Bernt: All right. So, that's what I thought. So, if I'm not mistaken, I believe that when -- when we spoke about Verado last year, that we -- I believe that it was presented that originally that the homes wouldn't have eaves and we switched it to eaves because of the same arguments that we were talking about tonight. So, with that said, knowing that that precedent was set in that subdivision, this subdivision is similar, why -- why no eaves, knowing that we had requested eaves on a similar subdivision in the past. Clark: Council Member Bernt, so I wasn't at that hearing, but I know that that is -- that is correct, that that was requested by the city. In this case, you know, I think it's fair to bring it up again and ask the question whether it makes sense and in this case we still believe it doesn't and that, you know, in the time since then it's not become a code requirement. It's not a design requirement. There is no design review for single family detached homes. So, I -- you know, that is the -- it's -- the most I would say to that is that, you know, it -- I don't think it made sense then, it doesn't make sense now. Bernt: Mr. Mayor, follow up. Simison: Councilman Bernt. Meridian City Council February 25,2020 Page 25 of 40 Bernt: I -- I like this -- this model. I like -- you know, it -- the City of Meridian -- I believe that we need this type of diversity of housing. I think that there are folks that -- that need this price point, especially -- we all know where the market is and where it's going. You know, homes are expensive. They are getting to be more expensive and so see this price point in this diversity of housing I think makes a lot of sense. I have seen homes where there is no eaves on the side. I just -- I just don't like it. I really don't. I just don't like the look of it. I know Blackrock does, you know, and I'm not picking on anyone, Jake. I'm not picking on anyone. But I feel like, you know, I know Blackrock does some construction down in Boise in Harris Ranch and all of those homes that are similar to this have eaves. So, I'm -- I'm wondering why Meridian we don't get -- I mean -- and I don't -- this is not a sword to die on, I'm just -- I'm trying to like figure it out, like I just want to know. Clark: Uh-huh. Council Member Bernt, I think when you said I just don't like it, that kind of hit the rub of it, that, you know, this is -- you know, what we are talking about is product that looks good, that sells very well. With the product that we are talking about at Harris Ranch is probably twice -- twice as expensive as this. But, you know, in -- and in this case, you know, we -- we make decisions to try to make sure that we are hitting a price point for folks and, you know, the -- being able to -- to do some extra up front, rather than having to spend it on eaves on the sides that nobody's ever going to see and doesn't really serve a function, that makes a heck of a lot of sense -- Bernt: Right. Clark: -- to a lot of our homebuyers. Bernt: Follow up, Mr. Mayor. Simison: Councilman Bernt. Bernt: So, basically, this is the numbers and cents really. Not necessarily aesthetics or not necessarily -- not necessitating eaves because of water or such, this is merely -- this is saving us money on this house, so that we can put that -- those -- those -- those funds toward a different part of the house. Is that what your argument is? Clark: Council Member Bernt, it's all the above, you know, the -- that does allow us to do some extra things for homebuyers, but really, you know, the reason we are, you know, having this conversation with you in this forum is -- is -- sorry? Bernt: Excuse me. I don't mean to interrupt. Mr. Mayor, follow up. Simison: Councilman Bernt. Bernt: I don't mean to -- I don't mean to make light, but I feel like this somewhat -- it's a little bit silly. You know, we are talking about eaves, you know, to a certain degree, but I -- I like how it looks, you know. I'm not a homebuilder like Blackrock or I don't have the Meridian City Council February 25,2020 Page 26 of 40 expertise like other developers, like Mr. Conger does, so I'm -- by no means am I a material expert on this matter, but I -- I have drove past -- Clark: Okay. Bernt: We can agree to disagree. Clark: I -- and maybe that's what has to happen, but the -- the point that I would make -- and -- and you mentioned, hey, you know, these guys have great expertise in building these homes. They do. Bernt: Right. Clark: And the city should allow them to exercise that expertise, rather than dictating some of these items. Bernt: Okay. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Since I'm with -- I don't think it's the role of City Council to get too into details on the aesthetic aspects of the project personally. You know, you should select the paint colors you think that will sell and that -- that's your decision and I hope you have figured out whether eaves will work or not for people. I do think when we do our district areas that is the appropriate time where we can bring in the architectural standards that are appropriate for each area. Like that to me is the time that would make a lot of sense to look at holistically what are the standards, right, as opposed to kind of like picking on -- you know, there is one particular application in front of us and kind of getting too worked up about it, I -- I would rather focus on the high level issues personally of just, you know, we have got massive school overcrowding, we have an applicant that has met the open space requirement and I -- you know, that's just my two cents. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I do want to talk briefly -- I noticed one of the key decisions is the micro path on the side. If we can jump back to one of the -- the maps that had that. It was in the back. Because I think the Police Department had a comment on that. Being that it was -- was it hidden -- in fact, Lieutenant Brown, if you wouldn't mind commenting on -- on that. Was that because it was just a -- it was hard to view to -- to -- to be open? This is -- would be in the top left quarter beyond -- yeah. Right there. That was the concern that the Police Department had. Do you recall? Meridian City Council February 25,2020 Page 27 of 40 Brown: Mr. Mayor, Councilman Hoaglun, I'm not -- not exactly sure what -- when that discussion point was brought up. Clark: Council Member Hoaglun, I could jump in. So, the -- this was a matter of discussion and sometimes the way the staff report is drafted and updated makes this a little confusing. So, this was discussed below. We had placed that there in -- in part because our neighbor had asked us to put it there, so they could have a little bit more separation. We, at the last hearing, discussed this and we have agreed to the condition of approval that says that it would be relocated. So, that will happen in connection with our -- with our final plat. Hoaglun: Okay. Thank you, Mr. Mayor, Mr. Clark. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I wanted to thank Mr. Centers for his drone photos for the -- regarding the parking in the current Verado development and I'm curious how, as a community, that is generally handled. We are constantly having discussions about parking concerns citywide. Our code enforcement is always sharing those concerns with us. So, just out of-- out of curiosity, how -- tell us how you guys have done a great job with keeping those roads clear and, you know, just --just curious about that. It's not a technicality. It's not a comment on the application. I'm just wondering what methods you guys have used. Clark: Council Member Perreault, I -- I put up a couple of the photos that Mr. Centers had provided. There is not really any behavioral control going on here. It's not a CC&R issue. Really what it comes down to is that the -- the project has provided for four on-site spaces and this is the same type of a design. Plus, you know, the on-street, but, you know, what we find is that these are, you know, the -- you know, the starter home, the empty nester types, you know, you are not hosting the Super Bowl party at these houses and, you know, you don't have a ton of -- you are not going to have 50 people showing up for your -- for your Super Bowl party in one of these houses. They are small houses. So, you are not going to have the -- the type of activity that you might see in a lot of other places. We have -- you know, the -- we took these photos over the course of -- I think it was over a week. We tried to take them at times when folks would be home and we were finding that there was very little issues with -- with on-street parking, you know, based on the design of the project. I -- you know, I would also point out, you know, ACHD and all the cities have worked together to come up with this reduced street section, the 27 foot street section with parking on one side. It's -- you know, it's an important thing at ACHD to try to reduce these maintenance costs and it is functioning and you can see in our projects it's been functioning well. Simison: Are there any further questions for the applicant at this time? Okay. Clark: Thank you. Meridian City Council February 25,2020 Page 28 of 40 Simison: Thank you very much. So, this is a public hearing. Is anyone signed up to testify on this application? Johnson: Mr. Mayor, there were four sign-ins. Only one indicated they wished to testify and it's Tina Folden. Simison: If you would come forward and, please, state your name and address for the record, please. And you have three minutes. Folden: My name is Tina Folden. I live at 2241 East Kamay Drive in Verado Sub in Meridian. First off of my notes, I didn't even know I -- if I had eaves on my house or not. I had to ask, because I was looking at it and I don't know, I guess that -- to me it didn't -- it doesn't make a difference. It didn't -- it didn't to me. Anyway, it's my understanding that Edington Commons will offer a similar housing style to Verado and that is something I support. I just past my one year anniversary and I love my home and love the Verado neighborhood. I chose Blackrock Homes and the Verado community because of the quality of the home and the location. I have heard a question about parking has come up and I want to share that I have not experienced any issues with parking. I knew the parking situation before I bought and actually appreciate that not a lot of extra cars can be parked by the streets. So, this was positive. Before I purchased my home I looked around at several other communities, but chose Verado because of the location and orderly uniform way in which the homes are designed. They are a bit close, but on the plus side it doesn't allow for the accumulation of additional junk and such that I saw in some of the other neighborhoods. CC&Rs are enforced and I believe this neighborhood concept works. The subdivision is clean and highly maintained. Thank you for your consideration in supporting these types of neighborhoods. Simison: Thank you. Any questions? Okay. Yes. Green: Good evening, Mayor and City Council. This is my first opportunity to take a chance to speak before you and I appreciate it. Simison: Please state your name and address for the record. Green: Pardon me? Simison: If you could state your name and address for the record. Green: Yeah. My name is Dennis Green. I live at 2185 East Sharptail Street in Meridian, a city in the United States and it's located between -- off of Ustick, just like this proposed development, between Eagle Road and Locust Grove. Okay. A couple things I wanted to talk to. I have lived there for two years. Affordability was one of my criteria when I was out looking for a home. Blackrock not only offered an affordable home, but the quality was incredible for the price point, as well as the size of the home. It's a couple thousand square feet and for a single -- I guess I'm now an empty nester -- it's quite adequate for me. In terms of parking, I have been there for two years. Never been an issue. I have Meridian City Council February 25,2020 Page 29 of 40 seen a couple Super Bowls, a couple Christmases, some other holidays. There is 28 houses on my street and we have comfortably, easily 30 to 40 parking spaces. Now, could elaborate and say, well, we could park in front of the driveway, so we could park in the driveway and if I go 40 yards down the street around the corner is probably an additional 48 other parking spaces. So, it's never ever been an issue and I don't see where it would be and I have learned tonight that I'm -- and I just want to let you know that it's not a concern and it does not distract from the quality or the beauty of that development. So, any questions I can answer for you? Simison: All right. Thank you very much. Green: Well, thank you for this opportunity. Simison: Is there anybody else that would like to testify at this time? Would the applicant like to come forward. Clark: Thank you, Mr. Mayor. Hethe Clark. 251 East Front Street in Boise. Sonya, could I have the -- the slideshow back. It's a tug of war. So, Council Member Strader, I just discussed your question with my clients and we came up with a possible solution that I think might address yours and Council Member Borton's concern. You know, one option would be to relocate this pathway to the other side of the temporary access. I don't think we would have a block length issue, because I think it's 700 feet and we would have -- it would -- we are guessing it would be about 500 feet would be the end of the ultimate length. So, you know, my suggestion would be to direct us to work with staff on -- on looking at relocating that pedestrian -- pedestrian access to provide an additional buffer and, then, if we do run into a block length issue or any other complication in the code, then, we can -- we can sort that out with them. But, hopefully, that would address the concerns that have been expressed and happy to answer any other questions. Simison: Council, any questions for the applicant? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: At first blush it looks like doing that to compress the lots to the north still would require it would be one lot less. Clark: Council Member Borton, it wouldn't mean any fewer lots, you would just take this pathway and relocate it down here and shift these up. But if the -- if the goal is to provide, you know, a landscaping type buffer from the residences, then, that would do it. Strader: Mr. Mayor, follow-up question. Simison: Council Woman Strader. Meridian City Council February 25,2020 Page 30 of 40 Strader: So, if the plan, then, needed to provide the temporary Fire access in the same location and, then, I guess you would have another -- I guess do we sacrifice the -- the Fire access I guess that would be my question by doing that. Clark: Council Member Strader, I'm not sure I understand. Strader: Mr. Mayor, just to follow up. Simison: Council Woman Strader. Strader: I'm just trying to -- clearly you could work with staff then, but I -- we would still require this -- I believe this additional access is necessary from a Fire access standpoint and so -- Clark: And, Council Member Strader, we are not talking about losing the --the emergency access. Strader: Right. Clark: We would still have to have an emergency access that satisfies emergency service standards. We would slide that up and, then, put the pathway on the other side of that, so that there is a permanent buffer, as -- as Council Member Borton put it, between the home and whatever ultimately develops to our south. Strader: And I would actually ask staff to comment, if they can, if they have any initial thoughts on that proposal. Certainly, then, looks like you kind of have an access issue from a pedestrian standpoint potentially. But, yeah, I think that might work. It seems like a potential solution at first blush, but I would ask Sonya or someone on staff to comment on whether they think that's a viable option. Allen: Mr. Mayor, Council Woman Strader, staff -- staff's really not a fan of designing projects in the -- in the public hearing forum. You know, there is just -- there is -- like the applicant brought up the block length, you know, it's just hard when you are sitting here to make sure you are thinking about all the things you need to think about. I'm not sure it would be an issue, to answer your question, assuming all the code requirements are met and the Fire Department access is provided. Bongiorno: Mr. Mayor. Over on this side of the world. Simison: Yes. Bongiorno: Since we are talking about Fire Department access, I will go ahead and put my two cents in. So, with this particular project there are code requirements for the distance between those two that's half the diagonal of the property and so there is a distance requirement that they would still have to meet. So, it may not be exactly where Meridian City Council February 25,2020 Page 31 of 40 that is, but it would be -- it would have to be somewhere in there to make sure that they meet the fire code requirements. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just to make sure I understand the dialogue here. So, when this phase goes in that pathway that is shown now would not exist, but you would still have the emergency exit access until such time that the second entryway through the commercial property is allowed and, then, there is enough room, because you have slid everything down, that that emergency access goes away, that becomes a buildable lot, and that pathway, then, is the buffer between the commercial and that property that would then, be, built once the path -- the emergency access has gone away. It's just a matter of the timing of when that goes away and, then, putting the path in after the emergency access goes away; correct? Clark: Mr. Mayor, Council Member Hoaglun, no, we are not proposing to hold off on the path. The path would go in and -- and, then, it would just be adjacent to the temporary access and, then, once the temporary access is no longer needed, the pathway would still be there. Hoaglun: Okay. But Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah, it -- the timing on that -- you got access, it's a pathway already, and if you are going to construct a lot I thought you would just wait until that -- Clark: I see. Hoaglun: -- you build and, then, you can put the pathway in as long as -- we all know the pathway is going to be there at a future date, so the -- and I want to bring it up now, because we are talking about this, because when I was on Council before we dealt with the Walmart being put in on Overland and that's a major impact and you have houses back there and we worked like crazy -- and with the homeowners association and the type of wall and how high of wall and all the landscaping that goes into that to mitigate that type of thing and I think -- and this is a comment toward staff, we have got to get better about these smaller commercial projects that butt up to these residential areas, because the impacts are the same. You have trucks coming by, you have delivery trucks, you have people parking this way and that way. You have traffic and that's not on the residential folks here, I -- and I don't know if in the process when that comes forward with a plan if we can put in buffers there and make it on the commercial, because, you know, my other little pet peeve is residential pays 70 percent of the property taxes. So, I'm going to put it on the commercial to make that happen, not the residences. So, it's just one of those things. We have to really watch that, because it does impact those folks. Even though these are different, they are skinny lots, smaller backyards, they have to deal with Meridian City Council February 25,2020 Page 32 of 40 the noise and the lights and everything else, but we -- since it's not a big commercial project like a Walmart, I just think we have to, as a Council, pay closer attention to that as well. So, just my two cents. That's -- that's -- you are going to hear that from me for the next four years. Sorry. So -- and, Mr. Mayor, just to add, not against this project, it's just one of those things that we have to figure out how to make these buffer areas work for everybody. Simison: Council, is there any other questions at this point in time? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Just to piggyback on what Brad said, also in -- if this project is approved allowing, you know, future homeowners to know that there is going to be commercial on that corner. I mean I can't tell you how many different times we -- we have applications that come before us where there is a hard corner there is -- is pasture or it's weeds or whatever and homeowners are shocked out of their minds that commercial is going to be going in that corner and they are upset, because they weren't notified. And so the last thing I -- we want is to have your future homeowners to be upset that we are allowing access through this potential subdivision into commercial and how that may or may not affect traffic and all of the other concerns that homeowners have. Just something that we need to talk about as well. Clark: You know, Council Member Bernt -- and your -- your point is well taken. I mean whenever I hear that I -- I think about, you know, some days in Harris Ranch, you know, when someone asked us, you know, are those cows going to be there forever -- Bernt: Right. Clark: -- and, you know, no. You know, in this case, you know, the road will have the sign on it that says this road to be extended in the future, because it's going to be stubbed out, so that's going to help with that sort of thing and, then, in addition, you know, you hope that folks will do their due diligence and make sure they understand what's approved next to them. But I -- your point's very well taken. Bernt: We are going to hear it. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: This is way off the rails, but I appreciate the solution. I think it captures some compromise in trying to address that southern -- southwest corner parcel. I can't -- I can't think of anything that necessitates the pedestrian access at the kind of mid block. So, by moving it down it does provide some additional buffer, perhaps encourages pedestrians Meridian City Council February 25,2020 Page 33 of 40 to not walk in that entrance to the commercial section, but perhaps walk upon that, which is another collateral benefit. Someday maybe we can discuss adding on those -- this -- this road will be extended in the future and, then, placing a copy of the plat on -- literally on that sign. I mean I'm half joking, but I don't know why not. There is means to try and communicate here is what's approved here. It wouldn't cost anymore. More ways to communicate. So, I appreciate -- I think your crew has come up with a fair compromise to capture the concern on that southwest corner. Clark: Thank you for raising it. So, obviously, it's -- we took it as a good suggestion, so we will see what we can do to make that happen. Simison: Is there any other questions or comments for the applicant? I'm going to weigh in for just very quick on two minor points from my perspective. I agree with Council Woman Strader. Now is not the time to have a conversation about eaves. If there is something that we think is important or of value, let's do that in the right context as compared to one offs on this specific application. And, then, from my --just in case there is an act of God and things move forward much faster, I think that putting the time restriction on when the first permit could be pulled up of January 1 st, 2011, as an example -- or 2021. From that standpoint that would -- that should be well before and what we have heard the applicant would be their time frame before they would ever get to that point in time or some day within the -- you just don't want people moving in in March for some reason, by an act of God, before -- two months before the end of the school -- school season is up and trying to be put into the school. So, if the applicant would be open to a date certain, if the Council thinks that that's appropriate, then, what would that be. Clark: Mr. Mayor, I could respond to that. The -- any date that you select on that is going to be arbitrary. You know, January 1, March 1, May 1 -- you know, ultimately what this comes down to is -- is the time it takes to get this process through the city process. So, there is not -- you know, there is not going to be a -- well, there is not going to be an act of God unless everything changes here that would allow us to get going before the time frame when both schools are going to be online and, again, this is a -- a 92 lot development, you know, it's only going to be a handful of homes that will be online by the time you get to fall of 2021. So, I -- to me it's just unnecessary. You know, I'm -- I have been told that January 1 sounds great. Simison: And that's why Council even thinks it's relevant, but -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think it's a fantastic suggestion. I appreciate that that sounds like extraordinary circumstances, but I think we are in extraordinary circumstances with our schools and, you know, that would give us a real safeguard around the issue. So, I appreciate you making that suggestion. Meridian City Council February 25,2020 Page 34 of 40 Clark: Mr. Mayor, if I could just clarify. One of the reasons why my initial response was to push back on that was because I didn't know what type of permits you were talking about. You know, obviously, we are going to need grading permits before that happens. I'm -- I'm assuming that your -- your point is -- is residential building -- Simison: Residential building permits. Yes. Clark: Okay. Okay. With that clarification I -- I feel a lot better, so -- Simison: Okay. All right. Council, anything further or do I have any motion to close the public hearing or not. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we close the public hearing on Item 6-B. Borton: Second. Simison: I have a motion and a second to close the public hearing on Item 6-B. Any discussion on the motion? If not, all those in favor signify by saying aye. Those opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Strader: Mr. Mayor, I will kick off some discussion. Simison: Council Woman Strader. Strader: Great. I appreciate the applicant trying to work with the neighbors, meeting our -- and exceeding our requirement for open space and making some adjustments to what they originally intended in order to work well and create a project that fits well within the city. I continue to have some concerns about our school overcrowding, but the small unit count and the timeline to deliver the product with the additional requirement of a date to pull the residential building permits makes me comfortable, so I would be supportive of approving the project if we make those requirements. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I had hoped -- even with the previous applications in this area that --that whole corner will be able to be developed as a whole. However, I realize that's probably not realistic at this point and so I think that that being said, that I think the applicant has done everything they possibly can to -- to appease what we have requested of them and to Meridian City Council February 25,2020 Page 35 of 40 comply with -- comply with code. I appreciate very much that they are in agreement with Commission's recommendations and definitely -- definitely a need in our city for this price point for sure and it's in our -- it's in our code that we as a -- as a Council and staff will promote a variety of housing types and options for residents. So, I appreciate that that is something that we are considering this evening and I think this location is a -- is a pretty good location for this. I don't know anything -- I can't think of anything in that area that causes me concern for this density in that location. I think it will be really interesting to see how that four acre property to the south, you know, eventually get -- eventually gets built out. However, if that -- if that owner-- if those owners in that surrounding area don't have objections to this and didn't come this evening to share their concerns, then, we don't -- we don't have any way to know that they have concerns, so -- Simison: Any further comments or would anyone like to take a stab at a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I move that we approve Item 6-B, H-2019-0109, to include a DA that captures the conditions in the staff report and the remarks made by the applicant today, including Mayor's request to have the -- the no residential building permit issued prior to January 1 of 2021. Hoaglun: Second. Simison: I have a motion and a second. Is there any discussion on the motion? Perreault: Mr. Mayor, I have a question. Simison: Council Woman Perreault. Perreault: If legal needs to answer this, but do we need to require the applicant to provide a copy of their contract with the school district or with Sawtooth about that, just --just so that the district can't back out. Is that something -- I don't know how that works on our side. Nary: So, Mr. Mayor, Members of the Council, Council Member Perreault, I think there is a requirement in the DA that they have to provide an easement -- Perreault: Okay. Nary: -- to the other side for this -- their side of the property. It sounds like they have been in agreement with the district staff, so it is a trustee decision, but we wouldn't condition their development agreement on somebody else's agreement. Perreault: Okay. So -- so, if the trustees decide not to agree to that, what happens? Meridian City Council February 25,2020 Page 36 of 40 Nary: Then it wouldn't connect. Perreault: Okay. Allen: Mr. Mayor, excuse me, may I answer that? Simison: Yes, you may. Allen: Council Woman Perreault, Commissioner -- Councilman. There is a provision in the staff report in the existing development agreement that -- or in the proposed development agreement that they provide a pedestrian connection out to the sidewalk along Linder Road. It does not specify where. They are proposing it on the school district property, but if that falls through for some reason they are still required to provide it on their property. So, that is a requirement either way, whether or not the school district agrees to it or not on their property. Perreault: Thank you. That makes me more comfortable. Simison: Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: The motion does include the applicant's comments with regards to relocating the -- the pedestrian access to the west as well and that solution on that southwest lot. Simison: Agreed. I don't have a vote, but I agree. Hoaglun: Mr. Mayor, yes. If it's wanted to make that part of the motion, the second does agree with that. Simison: All right. If there is no further discussion on the motion, the clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, absent; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Ordinances [Action Item] A. Ordinance No. 20-1873: An Ordinance ( H-2019- 0097 Percy Subdivision) For Rezone Of A Portion Of Government Lot 2 Of Meridian City Council February 25,2020 Page 37 of 40 Section 31, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Establishing And Determining The Land Use Zoning Classification Of 30.02 Acres Of Land From R-4 (Medium Low Density Residential) Zoning District To R-8 (Medium Density Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date Simison: We will now move on to Item 7-A. Ordinance. So, this will be Ordinance No. 20-1873 and ask the clerk to read it by title. Johnson: Thank you, Mr. Mayor. This is Ordinance 20-1873, an ordinance related to Percy Subdivision, H-2019-0097, for rezone of a portion of Government Lot 2 of Section 31, Township 3 North, Range 1 East, Boise meridian, Ada county, Idaho; establishing and determining the land use zoning classification of 30.02 acres of land from R-4 (Medium Low Density Residential) Zoning District to R-8 (Medium Density Residential) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Would anyone like this ordinance read in its entirety? If not, do I have any motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I have been informed by my fellow Council members that this seat is the one required to make motions on these ordinances. However, I understand that there is a clause I'm supposed to use that allows us to shorten it and I can't remember off the top of my head what it is. So, I'm going to request -- oh. Okay. Got it. So, I move that we approve Ordinance No. 20-1873 with the suspension of rules. Hoaglun: Second. Strader: Second. Simison: I have a motion and a second that we approve the ordinance with suspension of the rules. Is there any discussion on the motion? If not the clerk will call the roll. Meridian City Council February 25,2020 Page 38 of 40 Roll call: Bernt, yea; Borton, yea; Cavener, absent; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion passes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Future Meeting Topics Simison: Item No. 8, future meeting topics. Do we have anything that for a future meeting discussion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: We may place for a ten minute workshop discussion, quick thumbs up, thumbs down, on getting into the weeds on eaves in R-4 and R-8 and perhaps that could be a March, April workshop. Do we want to open that door and discuss it. An item just for discussion. Simison: I will ask the Council President to put that on his list of things to evaluate for future consideration. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: How does this process work? Do we end up making a motion to --to contribute that time in the future or is this just things that were thrown out there? Okay. I would like to have some time to discuss the letters from the West Ada School District. In our last meeting with them they talked about what we would like to hear from them on each of these applications, whether what they are currently sending is sufficient for us and whether there is anything else we would like to hear or know on each of the applications. So, I realize that each Council may have had different preferences on that and it may have changed over time, but it sounded like the school -- school district -- district was asking us if we would do that in our hearing. Simison: Thank you. And I think what we talked about was waiting until we get the position on board. Perreault: Okay. Simison: Because they are doing it--they are actually going to be the ones that are going to be providing the information. So, we can say this is what we would like you to get, Meridian City Council February 25,2020 Page 39 of 40 along with the school district, so it is on the -- on the to do, just probably not for a couple months, until we get someone in that position. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Suggestions to throw out there, since we are having a little open discussion. I would be very interested to hear a short-- perhaps five minute update on city preparations in the very unlikely event of the coronavirus coming to town. I just think it's good risk management for us to anticipate problems ahead of time and have a plan in place, which I'm sure we do. One suggestion I have. The other suggestion -- I would be interested to explore with my fellow Council members if you want to talk a little bit more about the issues in the school district, how we want to coordinate with them and just have some general follow up and maybe key takeaways on that meeting that we had with West Ada. Even maybe a more holistic discussion than just the letters that we receive. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just nothing for a future topic, although it will be discussed. I will be attending the first official meeting of the Expo Idaho Advisory Committee tomorrow night. So, we will start hearing from Expo Idaho and their needs and we are going to be electing a chairman, vice-chairman and those types of things. So, if you have any thoughts, ideas, let me know and anybody in the public who can e-mail me if they have thoughts on that, but it's kicking off for real tomorrow night. Simison: Excellent. Well, maybe we will have a report from you on a future meeting topic if relevant. Hoaglun: Mr. Mayor, I'm sure you will. Bongiorno: One more, Mr. Mayor, since we are throwing stuff around. Mr. Mayor, Council Woman Strader, I can get our EMS chief at -- whenever you guys would like to give you a full update on the coronavirus. He's -- he's well versed. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Speaking for myself, I would love to get that update. Thank you very much for offering it. Bongiorno: I will work to get it on the schedule then and I will have him come and present to you. Meridian City Council February 25,2020 Page 40 of 40 Simison: All right. Do I have any other motions that someone would like to make tonight? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second. Simison: I have a motion and a second to adjourn the meeting. Any discussion? If not, all those in favor signify by saying aye. Those opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:57 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 / 10 / 20 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK