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HomeMy WebLinkAbout2020-04-21 Regular Meridian City Council April 21, 2020. A Meeting of the Meridian City Council was called to order at 6:04 p.m., Tuesday, April 21, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Adrienne Weatherly, Bill Nary, Caleb Hood, Sonya Allen and Joe Bongiorno. Item 1: Roll-call Attendance: Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: With that I will call the next meeting into order. For the record is Tuesday, April 21, 2020, and the time is 6:02 p.m. We will begin this meeting with roll call attendance. Johnson: Mr. Mayor, before roll call we have a technical issue we are trying to work out. I'm curious if you could pause for one moment. Simison: Then I guess we will pause for one moment. Johnson: And we will be right back with -- Mr. Mayor, we are still working on something in the background for one of our planning staff, but we should be good to proceed while they work on that. Simison: Okay. Well, with that I will ask the clerk -- I will bring us back in. Tuesday, April 21 st, 2020. The time is 6:04 p.m. Ask the clerk to call the roll. Item 2: Pledge of Allegiance Simison: Item No. 2 is the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation with Mark Bryan of Harvest Church Simison: Item 3. 1 just want to confirm, Chris. Do we know -- do we not have Pastor Bryan with us? Johnson: Mr. Mayor, that is correct. I did not get confirmation. I do not see him on the call. Meridian City Council Meeting Agenda April 28,2020— Page 117 of 272 Meridian City Council April 21,2020 Page 2 of 30 Item 4: Adoption of Agenda Simison: Okay. Then we will go on to Item 4, adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Item D has requested to continue to April 28. When we get to there we will -- we will talk more about it, but other than that I move that we adopt the agenda as amended. Hoaglun: Mr. Mayor, before I second, do we want to add the Executive Session on at the end of the meeting? And, Bill, what -- what letter was that particular section that we need to add? Nary: 74-206(1)(d). Hoaglun: (d). Simison: All right. Does the maker of the motion agree to amend his motion to include that item and I have a second? Hoaglun: I second. Simison: Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed no. The ayes have it. The agenda is adopted. MOTION CARRIED: ALLAYES. Item 5: Action Items A. Public Hearing: Proposed 2020 summer Fee Schedule Updates of the Meridian Parks and Recreation Department. Simison: We will move into Item 5-A, a public hearing on the proposed 2020 summer fee schedule for Parks and I will turn this over to Garrett White. White: All right. Mr. Mayor, Members of Council, thanks for having me again tonight. Before you are the remaining four summer 2020 program fees. Like I mentioned last week, these fees are listed for the contractor -- or for the instructor per our contract. With that I will stand for questions. Simison: Council, any questions for Garrett? Cavener: Mr. Mayor? Meridian City Council Meeting Agenda April 28,2020— Page 118 of 272 Meridian City Council April 21,2020 Page 3 of 30 Simison: Councilman Cavener. Cavener: Garrett, I apologize, I don't mean to put you on the spot. I meant to call you about this today. That -- that Exhibit A that's in our documents, there is nothing there and so I don't know if that was just a -- if there was a piece in the exhibit that we were supposed to review before approval or if it just was inadvertently added. White: Let me look. I don't think -- Cavener: I have never seen anything like that and so it struck me as it was probably just inadvertently added, but I just -- I wanted to make sure before -- White: It looks like -- Councilman Cavener, that looks like it was just inadvertently added. It's really just those four, which is all in the one contract in the first. Cavener: Yeah. White: Yeah. Good question. Cavener: Thanks, Garrett. Simison: Council, do you have any further questions for Garrett? If not we will move on to Item 6 -- 5-13, Resolution No. 20-2198. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Should I go ahead and close the public hearing on Item 5-A? Simison: Yes. Hoaglun: I move that we close the public hearing on Item 5-A, the proposed 2020 summer fee schedule updates for the Parks and Recreation Department. Cavener: Second. Bernt: Second. Simison: I have a motion and a second to close the public hearing on the proposed 2020 summer fee schedule updates. Any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Meridian City Council Meeting Agenda April 28,2020— Page 119 of 272 Meridian City Council April 21,2020 Page 4 of 30 B. Resolution No. 20-2198: A Resolution Of The City Council Of The City Of Meridian Adopting the Summer 2020 Fee Schedule Updates of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Simison: Item 5-B. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of Resolution No. 20-2198, the summer of 2020 fee schedule for Meridian Parks and Recreation Department. Cavener: Second. Simison: I have a motion and a second to approve Resolution No. 20-2198. Is there any discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. The resolution is agreed to. MOTION CARRIED: ALLAYES. C. Request for Reconsideration for Frazier Council Review (1-11- 2020-0011) by Elisabeth Songe, Appellant (Represented by Jim Jones) Simison: Item 5-C, request for a reconsideration for Frazier Council review, H-2020- 0011. I'm going to turn this over to Mr. Nary. Nary: Thank you, Mr. Mayor, Members of the Council. You have before you a request for reconsideration under our city code. Mr. Jones is counsel for the -- for the requester in this case is Ms. Songe. I think there is a Jenny Hay on the line. I think she's assisting Ms. Songe this evening. As I -- as I have mentioned to you prior and I have also mentioned to Mr. Jones, there is no testimony at this stage. Your decision point is based on the -- on the written materials that you have in your packet from Mr. Jones and your decision point is either to affirm the decision you made on March 24th, which was to revoke the accessory use permit -- just to make it clear for the record, the basis of that revocation on the 24th was the belief based on the information that was provided by the appellant that night, Mr. Frazier, that the process was not properly followed by Ms. Songe. That has now been refuted by her counsel and Ms. Songe's assistant, and so you can either affirm your decision, reverse your decision, modify your decision or set it for a new Meridian City Council Meeting Agenda April 28,2020— Page 120 of 272 Meridian City Council April 21,2020 Page 5 of 30 hearing, which we will, then, notice all -- all parties and, then, have another public hearing where all parties can present their evidence in relation to the --the request that was made. So, one of four choices is your decision, Council. Simison: Thank you, Bill. Council, any questions for Mr. Nary at this point in time? Hoaglun: Mr. Nary? Simison: Councilman Hoaglun. Hoaglun: Mr. Nary, it -- it has to go through the whole process, the time frame of noticing and everything else. There is no way to expedite if we want to hear -- have a new public hearing; correct? Nary: That is correct. It will take at least ten days, so it would be probably two weeks. So, that would be May 5th would be the earliest we could hold a hearing. And I see Mr. Jones is on the line and as I said there is no testimony. If the Council needs any clarification, again, it's just a clarifying question, not testimonial, certainly Mr. Jones can answer that if you have any, but, again, if it's a hearing you would prefer, an opportunity for both parties to present whatever evidence they have, besides what you already have in written form, that would be your way to do that. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: There are some -- there are some -- what I feel are sort of gaps in information, some questions that I have about what transpired that I would like to have answered from the applicant. So, I am in favor of having a new public hearing -- or a second public hearing. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just to provide a -- maybe an opposing view, I am not in favor of having an additional hearing on this. It sounded to me like the city and the clerk followed our agreed upon process to provide Ms. Songe with adequate notice to appear before us and she did not and I don't like the idea of creating a precedent that we are going to have people not show up for meetings as requested and, then, review them. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Meeting Agenda April 28,2020— Page 121 of 272 Meridian City Council April 21,2020 Page 6 of 30 Hoaglun: Yeah. Council Woman Strader touches on -- on important factors there. I'm curious. A question to Mr. Nary. The request for reconsideration does lay out some things about whether or not Mr. Frazier's appeal was tardy and it's based on if they are considered to be a party of record. Is that something we can weigh in now or is that something that has to be established at another hearing? Nary: Thank you. Mr. Mayor, Members of the Council, Council Member Hoaglun, again, that would probably have to be done in a hearing, because we can't provide testimony tonight. I think the dispute before you from the written materials for Mr. Jones -- the Council's decision was based upon the process not being followed, based upon the appellant Mr. Frazier's statements in the hearing. Ms. Songe presence wasn't required, so her lack of being there itself isn't an issue. The dispute now did she follow the process and his written materials says that she did. So, there is a dispute of fact between the code, her performance in following the process and Mr. Frazier's in the appeal and so there are some -- some issues that, unfortunately, we can't resolve tonight, we would have to have a hearing to do that. Hoaglun: Well, Mr. Mayor and Council Members, I'm of the mind like Council Woman Perreault, I think in a matter of fairness to make some determine --factual determinations of some of the things that were set out, I think it would be a matter of rehearing this -- this issue for -- to -- to make -- to make a better determination, if you will. I don't want to set a precedent here. I think Council Woman Strader is correct in that, but at the same time I'm uncomfortable making a final decision at this point in time with -- with these facts that are before us tonight that we would have to weigh more thoroughly. So, with that I would move that we have a new public hearing scheduled -- I will take May 5th to have a reconsideration of the Songe daycare facility. Simison: I have a motion. Do I have a second? Perreault: Second. Simison: Okay. I have a motion and a second. Is there discussion on the motion? Cavener: Mr. Nary? Nary: Yes, sir. Cavener: Thank you. Mr. Mayor, Mr. Nary. Just for clarification, is there any concern on your part that the city didn't follow our process correctly? Nary: Mr. Mayor, Members of the Council, Council Member Cavener, no, I don't think the city -- the city had any error in our process. I think the question of fact is simply was the process followed initially by Ms. Songe. Cavener: Thank you. Meridian City Council Meeting Agenda April 28,2020— Page 122 of 272 Meridian City Council April 21,2020 Page 7 of 30 Simison: Any further discussion on the motion? Bernt: Is May 5th -- Mr. Mayor? Simison: Councilman Bernt. Bernt: Is May 5th an appropriate date for parties involved and for -- I don't -- I don't have an agenda in front of me, I would have to go look through my e-mails to find it. Just want to make sure that May 5th is an adequate and appropriate date. Weatherly: Mr. Mayor and Council Members, this is Adrienne. I just -- I -- if it requires a public hearing -- and, Mr. Nary, if you could comment on this. If it requires re-noticing in the newspaper, the earliest date available would be May 19th. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe -- I know we hate substitute motions, but before I would maybe make one, a question for Mr. Nary is if we could continue this out further -- or continue it to next week to set a date, I think Council Member Bernt asked an appropriate question. The whole reason why we are back here tonight is because one of the parties didn't realize they had to be here. I don't know if I would be comfortable with us setting a date without us at least verifying from the parties that would be involved that they would be able to be in attendance. I just don't know from a process standpoint how we could explore that. I don't know if -- if Mr. Frazier is on the call. Obviously, Mr. Jones is. I would -- I would want to seek some insight from both of those parties before we set a date. Nary: So, Mr. Mayor, I can answer Adrienne's question. I'm looking -- I was looking up the code real quick. It does say all noticing. So, she's correct. We would have to go to the newspaper, as well as a sign. So, we are going to require some legwork on our part to get a sign posted, as well as a newspaper noticing. So, you probably are going to be -- at least to May 19th. Simison: I see Mr. Frazier is on the -- is nearby. I don't want to necessarily open this up for conversation that we shouldn't under your direction, Mr. Nary, but I don't know if that -- if we put out that the May 19th information -- if we could somehow get confirmation through the chat function for Mr. Frazier and Mr. Jones and see if -- and if so get that information now, so Council could make a determination on the motion or a substitute that's coming. Bernt: Mr. Mayor? Simison: Councilman Bernt. Meridian City Council Meeting Agenda April 28,2020— Page 123 of 272 Meridian City Council April 21,2020 Page 8 of 30 Bernt: One way that we could resolve that is to set the date for May 19th and, then, have the attendees -- or just say we are thinking about the 19th and, then, have the attendees raise their hand if they are in agreement. There is the raise your hand option at the bottom of the participant box where you can raise your hand in agreement. Nary: Mr. Mayor, I don't have a concern if all we are asking them is would that be an available date for them and we are not asking for any other testimonial type of information from them. Simison: Okay. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Is this -- Mr. Nary, is this going to require the applicant to fund the additional cost of a newspaper publication and mailers? Nary: Mr. Mayor, Members of the Council, Council Member Perreault, no. The city's going to have to pay for that. Perreault: Okay. Hoaglun: So, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: With Consent to the second, I would withdraw my original -- original motion and move that we approve a request for reconsideration for Frazier Council review, H-2020- 0011, and set that for May 19th. That hearing for May 19th. Perreault: Second. Simison: So, I have got a revision with a first and a second. Do we have confirmation from the two attendees by raise of hand or other function that that day appears to work or do we just move forward without it? Hoaglun: Mr. Mayor, I think we just move forward. Simison: Okay. Is there any discussion on the motion? Johnson: Mr. Mayor, before discussion -- I apologize. This is Chris. We do have a raised hand from Mr. Frazier and Mr. Jones is on the line as well and does have the ability to speak if he chooses to confirm that. Meridian City Council Meeting Agenda April 28,2020— Page 124 of 272 Meridian City Council April 21,2020 Page 9 of 30 Simison: Well, you're in charge of -- I can't ask anyone to do anything, so if you want to get a verbal yes from the two of them go for it. Jones: It works for me. Johnson: That was Mr. Jones? Jones: Yes. Uh-huh. Johnson: And that works for Mr. Frazier as well. Simison: Okay. Then with that do I have any further discussion on the motion? If not -- Strider: Yeah. I -- I just want to say I think if -- if our process or the time that we require people to respond to something and appear before us is something that we need to look at, I think we should look at that, but to me it is a separate issue. If we followed our process and someone didn't appear, I don't think we should be considering these. I think -- I'm a big believer in processes and that's why I will be a no vote. Simison: Okay. Any further conversation on the motion -- or comments, questions on the motion? If not, I will ask the clerk to call the roll. Roll call: Bernt, yea; Borton, abstain; Cavener, nay; Hoaglun, yea; Strader, nay; Perreault, yea. Simison: Motion passes. Three to two. MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSTAIN. D. Public Hearing for Lupine Cove (H-2019-0133) by Penelope Constantikes, Riley Planning Services, Located at 4000 N. McDermott Rd. 1. Request: Annexation of 7.09 acres of land with an R-8 zoning district; and, 2. Request: Preliminary plat consisting of 28 building lots, 7 common lots and 2 other (common driveway) lots on 7 acres of land in the R-8 zoning district. Simison: Thank you, everybody. Item 5-D has been requested to continue to April 28th. But we will start off by opening Item 5-D, public hearing for Lupine Cove, H-2019-0133. Bernt: Mr. Mayor? Simison: Councilman Bernt. Meridian City Council Meeting Agenda April 28,2020— Page 125 of 272 Meridian City Council April 21,2020 Page 10 of 30 Bernt: I move that we -- we continue this -- this public hearing for H-2019-0133 to April 28th, 2020, with the reason that the applicant failed to post the sign. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Second. Simison: I have a motion and a second that we continue this item to April 28th, 2020. Is there discussion on the motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: To make clarification, are we renoticing, then, everything appropriately, sign, public notice, newspaper, etcetera? Simison: Can I defer to Mr. Nary on this one. Nary: Mr. Mayor, I believe all the noticing was -- except for the signage was done for today, so the signage has now been corrected for next week, so that has been done and -- and Ms. Riley has filed an affidavit to that effect. So, we are okay to move it a week. Cavener: Okay. Simison: Any further discussion? If not, all those in favor signify by saying aye. Opposed no. The ayes have it. MOTION CARRIED: ALLAYES. E. Public Hearing for Hill's Century Farm North (H-2019-0134) by Martin L. Hill, Hill & Hill Properties, Located at the Southeast Corner of S. Eagle Rd. and E. Amity Rd. 1. Request: Rezone of a total of 39.9 acres of land from the R- 8 zoning district to the C-N (4.9 acres), C-C (4.35 acres), and R-15 (30.65 acres) zoning districts; 2. Request: Preliminary plat consisting of 137 147 building lots, and 18 common lots and 10 other lots on 43.02 acres of land in the R-8, R-15, C-N and C-C zoning districts; Meridian City Council Meeting Agenda April 28,2020— Page 126 of 272 Meridian City Council April 21,2020 Page 11 of 30 3. Request: Planned unit development for an age-restricted 55 and older gated community with deviations from certain development standards; and, 4. Request: Conditional use permit for a 73,730 square foot 443-unit self-service storage facility on 3.89 acres of land in the C-C zoning district. Simison: Item 5-E is a public hearing for Hill Century Farm North, H-2019-0134. I will open this public hearing with staff comments. Bernt: Mr. Mayor, before we start. Simison: Councilman Bernt. Bernt: As in other public hearings in the past, I have always made it known that Brighton Corporation is one of my customers. To make it also known, I'm not their exclusive flooring customer. They do this with other folks as well. There is a --there is a bid process involved and since I have been on Council I have won some and I have lost some and some I have not even been involved with the bid process at all. So, I personally feel confident, having a clear mind and without any bias, in participating in this conversation this evening, but I wanted to throw that out to my fellow Council Members to get their thoughts as well. Simison: Thank you. Council, any concerns with Councilman Bernt participating in this public hearing? Great. Thank you. We will turn this over to staff. Sonya. Allen: Sorry about that, Mr. Mayor and Council. Can you hear me now? Okay. The applications before you tonight are a request for a development agreement modification, a rezone, a preliminary plat, a planned unit development and a conditional use permit. There were also applications for a private street and alternative compliance that have been approved by the director. This site consists of 43 acres of land. It's zoned R-8 and C-N and it's located off of the southeast corner of East Amity Road and South Eagle Road. This project was annexed back in 2015 with the requirement of a development agreement. Two subsequent amendments have been approved to the development agreement. The Comprehensive Plan future land use map designation is mixed use neighborhood. The applicant is requesting a modification to the existing development agreement for Hill Century Farm Commercial to update the concept development plan and certain provisions of the agreement to allow for the development of a self service storage facility and retail professional office uses where medium density single family residential uses are currently approved, consistent with the mixed use neighborhood future land use designation. A rezone is requested of a total of 39.9 acres of land with the R-8 zoning district to the C-N district, which is 4.9 acres, to the C-C district, which is 4.35 acres and the R-15, which is 30.65 acres consistent with the mixed use neighborhood designation. A preliminary plat is proposed consisting of 147 building lots and 18 common lots on 43.02 acres of land in the proposed R-8, R-15, C-N and C-C Meridian City Council Meeting Agenda April 28,2020— Page 127 of 272 Meridian City Council April 21,2020 Page 12 of 30 zoning districts. Four phases of development are proposed with the residential portion proposing to develop in one phase. The storage facility is proposed to develop first. Access is proposed via one public street from both South Eagle Road and East Amity Roads. Gated private streets are proposed for security purposes with alleys and common driveways for internal access to the attached and detached units within the north phase of development, the Cadence portion. Twenty-five foot wide landscape street buffers are required along Eagle and Amity Roads. A minimum of ten percent qualified open space is required to be provided within the residential portion of the development. Sixteen point four percent is proposed and that does not include landscaped parkways, which also qualifies, which exceeds the minimum standards overall. A minimum of two qualified site amenities are required. A clubhouse, swimming pool, segments of the multi-use pathway system, an outdoor activity complex with amenities to be determined in the future are proposed, which also exceed the minimum standards. A planned unit development for an age restricted 55 and older gated community is proposed with a variety of housing types and setbacks unique to the unit and site design. Deviations from certain development standards are the following: Setbacks for the R-15 district as shown. Alleys designed so that the entire length is visible from a private street, rather than a public street and allowance of a through lot for the existing Hill home. Off-street parking is proposed in accord with UDC standards. Due to the width of the private streets on-street parking is only allowed on one side of the streets. An extra 30 spaces are proposed in the central portion of the development next to the community center, which can accommodate guest parking in addition to on-street parking. Concept elevations for the proposed single family -- single level attached patio homes and detached alley access homes were submitted as shown. A conditional use permit is requested for a 73,730 square foot, 443 units self service storage facility on 3.89 acres of land in the C-C zoning district. Access is proposed via driveway from Amity on the east side of the site, which also provides access to the commercial development to the east. An emergency only access is proposed via Amity on the west end of the site. Concept building elevations were submitted for the storage facility as shown. Building materials consist of vertical reveal metal panels with stucco finish, fiber cement panels with metal channel reveals and typical fascia with stone wall accents. Structures have setbacks for modulation along Amity Road. As noted in the development agreement modification analysis, the proposed elevations do not demonstrate a cohesive design that is proportionate to and blends with the residential buildings within the development as desired in the mixed use neighborhood designation. Therefore, staff is not supportive of the proposed concept elevations. Private streets for access to the units within the gated community were tentatively approved by the director, as was alternative compliance to UDC 11-3F-4A-4B to allow 124 units access off private gated streets and to UDC 11-3F-4A-6 to allow two common driveways off of private streets. The Commission did recommend approval of this overall application. Mike Wardle and David Turnbull, Brighton Corporation, testified in favor. No one testified in opposition or commented. Written testimony was received from David Palumbo and Mike Wardle, Brighton Corporation, in response to the staff report. Key issues of discussion. Mr. Palumbo would like to see the improvements, the four lane roadway expansion to Amity Road, completed prior to any development in this area commencing and concern pertaining to the adequacy of parking proposed for the development. Key issues of discussion by the Commission were as follows: Desire for the storage unit structures to Meridian City Council Meeting Agenda April 28,2020— Page 128 of 272 Meridian City Council April 21,2020 Page 13 of 30 have nice design elements, not just metal, due to its location on a prominent corner. Question as to whether or not proposed dwelling units will be owner occupied or rental units. Answer is there is a section of independent living units next to the assisted living and memory care units that will be rental units for folks transitioning from a Cadence style product or somewhere in between. Services will be shared between the assisted living and the independent living. Other item of discussion. They were in favor of this type of use in close proximity to the YMCA and the city park. Supportive of age qualified use in this location due to area schools being over capacity. And, lastly, there was a suggestion that the applicant consider an L-shape for the storage facility that would allow more commercial retail office uses in front adjacent to Amity Road and possibly extend the storage facility further to the east on the backside. The Commission did not make any changes to the staff recommendation. The written testimony that's been received since the Commission hearing was from Mike Wardle, Brighton Corporation, in response to the Commission recommendation and I will go through that on the outstanding issues for Council. The applicant did submit revised site and landscape plans and a response to the Commission recommended with the following changes requested to DA provisions and/or conditions of approval. The first was deletion of number 1-A relating to existing DA provision 5.1 G2, which states the building in the retail -- the buildings in the retail professional office area shown on the concept development plan shall be arranged to create some form of common usable area, such as a plaza or green space as desired and mixed use designated areas as set forth in the Comprehensive Plan. While staff recognizes there is a city park and YMCA nearby, the intent of this provision is for a common usable area to be provided in the commercial area with a commercial building surrounding the area. Therefore, staff does not support this requested change. Second, the applicant requested deletion of conditions 2-B, 3-C, 10-A and number 12 pertaining to the requirement a ten foot wide multi-use pathway and associated easement along Eagle and Amity Roads. The Parks Department is okay with deleting these conditions as the pathways are not depicted on the pathways master plan. Third, the addition of language to condition number 13 that would allow an exception for a building permit to be issued for the community center prior to the private streets receiving final approval. This is a UDC requirement 11-31F-3135 that would require approval of alternative compliance to change or Council approval as part of the PUD exceptions to code requirements might be considered as well. Modification to development agreement provision 5-1-E, which requires the existing home, which is Marty Hill's, to hook up to city water and sewer service within 60 days of services becoming available from the adjacent R-8 zoned property per Meridian City Code 9-1-4A, to instead require the home to be hooked up to city services within 60 days of the final platting of the estate lots. Public Works is amenable to the requested change if Council agrees. In response to development agreement provision 5-1 G6, which states nonresidential building should be proportional to and blend in with residential buildings, staff recommended revised elevations be submitted for the storage facility to comply with this provision, along with concept elevations for the commercial buildings and independent living units that demonstrate a cohesive design that is proportional to and blends in with the single family residential buildings or design guidelines be submitted and included in the development agreement that demonstrate consistency with this provision prior to the Council meeting. Rather than revise the elevations for the storage facility, the applicant opted to submit design Meridian City Council Meeting Agenda April 28,2020— Page 129 of 272 Meridian City Council April 21,2020 Page 14 of 30 guidelines for the commercial portion of the development with photos of existing structures and concept elevations for the future dental office, storage facility and single family residential units, independent living units and senior living facility. And let me just clarify this is for the commercial and residential portion of the development, not just commercial. Staff has reviewed these guidelines and elevations and while the commercial elevations are all very consistent in design, as are the residential elevations separately, they do not blend with each other so far as sharing similar design elements, other than they are mostly proportional on height, which doesn't entirely meet the intent of this requirement. So, that is something Council will need to act on tonight. Staff will stand for any questions. Simison: Thank you, Sonya. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Sonya, can you pull up kind of one of the maps of-- of the development? I just was curious how Mr. Hill is going to access his -- his property. On the application didn't it -- it wasn't clear to me. Allen: Yeah. Let's see. Just went past it. The color-- right there. That will work. So, do you see where the estate lots are kind of in the middle of that drawing? The print that says estate lots? Cavener: Yes. Allen: Okay. That -- right below that is where Marty Hill's home is. Cavener: Uh-huh. Allen: He will be accessing his home from the north and his shop -- well, actually, this drawing doesn't -- I believe his shop was being accessed from the east-west street to the south, but the applicant can clarify that. It doesn't appear that there is a driveway shown on this plan, but I think that's just an aerial. I believe he's accessing his shop from the southeast -- or southwest. Excuse me. Cavener: Thanks, Sonya. I'm sure the applicant will -- will address that for us. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I was hoping Sonya or someone in the Parks Department could give more of an overview on the pathway that they ideally would have wanted here and maybe just what Meridian City Council Meeting Agenda April 28,2020— Page 130 of 272 Meridian City Council April 21,2020 Page 15 of 30 are we getting instead? Because it seems like a pretty high traffic area. There are already issues with pedestrians in the area. So, just some background on that. Allen: Mr. Mayor, I'm not sure if you would like me to speak to that. I'm not sure if anyone from Parks is in the meeting. Simison: Garrett is here. I don't know how familiar he is with this specific thing. We can defer to him and, if not, you can speak to it. Garrett? White: Mr. Mayor, Members of Council, I really don't have a whole lot of information to speak to you on this, other than the fact that, you know, it's not part of the master plan and like Sonya had said, really, that's -- that's all I have to say. Allen: Mr. Mayor. Previously the Parks Department was looking for a ten foot wide pathway in this location due to the location of the city park and the YMCA in this area and just the desire to have the nicer, wider pathway in this area and the school, of course, as well. The applicant requested removal of the condition. When push came to shove the Parks Department agreed that it was not on their pathways master plan, but it -- it could be placed by Council as a provision in the development agreement if you so wish. I believe that there is existing five foot wide sidewalks adjacent to this site along the public streets, so if -- if that occurred that would need to be widened to ten feet. Simison: Are there any other questions for staff at this point in time? Okay. I will ask the applicant to come forward. I see is -- well, I'm not going to presume which -- which one is going to be speaking, so if you could state your name and address for the record. Wardle: Mr. Mayor -- get our technology -- Mr. Mayor, Members of Council, I don't know if you are able to see us or not, but there are five of us in the room. This is Mike Wardle, director of planning for Brighton Corporation, given authorization by Mr. Hill to file the application. Also with us David Turnbull, Robert Phillips, president of Brighton Corporation, Lars Hansen, president of Brighton Homes. Simison: Mike, if I could stop you just for one second. We are having a real hard time hearing you. It sounds like you are away from the microphone. If someone could get closer. And now we cannot see you, but that's okay, but we need better audio. Wardle: I hope, Mr. Mayor, it's better now. Simison: More. More. Wardle: Okay. Simison: It got better and, then, it got really quiet. Wardle: Again Mike Wardle, director of planning for Brighton. Meridian City Council Meeting Agenda April 28,2020— Page 131 of 272 Meridian City Council April 21,2020 Page 16 of 30 Simison: Mike, it's not loud. There you go. Hansen: Can you hear that, Robert? Simison: Yes, perfect. Wardle: Okay. Mr. Mayor, once again just for the record, Mike Wardle, David Turnbull, Robert Phillips, Lars Hansen, and Jon Wardle are in the room. I will give kind of a brief opening. Sonya has done a great job of identifying the history of the project, which was all annexed and zoned and given conceptual approval in 2015. The easterly portion of the project that's identified on your screen. Hill Century Farm commercial subdivision, that easterly half of the area north of Century Farm Subdivision was specifically subdivided or preliminary platted and subsequent to the annexation and zoning. Obviously, the YMCA and the elementary school are in place, as is the Hillsdale -- Hillsdale City Park. There is already Commercial service development in that area of the commercial subdivision. Here is where we were talking about, then, would be to the westerly portion, centered around the Cadence, with the self storage identified immediately adjacent to the Idaho Power substation at the corner of Eagle and Amity, with an extension of professional and retail space along Amity going easterly to the already approved Century Farm commercial subdivision. We are in general agreement, but there are a few tweaks that Sonya has noted in a couple of the questions that have been asked by the Council. I want to go first of all to the pathways, so I want to go to the -- I believe about the third -- fourth issue -- maybe the fifth slide. One more. There we go. Right. Right. This shows the existing development area for the most part of Century Farm Subdivision. The areas along Eagle Road and Amity in the yellow are already approved and basically constructed with five foot sidewalks that were approved by both the Ada County Highway District, as well as the City of Meridian in your own development process. For instance, along Eagle Road, 3,364 linear feet of the 300 -- or 3,665 linear feet of approved sidewalk has already been constructed along Amity Road. Six hundred and fifty-seven of the approved 1,020 linear feet of sidewalk has been constructed. So, what the Parks Department was requesting was a ten foot pathway in the patched pink areas along both roadways, essentially just a quarter of a mile long in either direction, tying into already established and approved five foot sidewalks. It just didn't make any sense for us to do something that somebody would have to come back in the future, because we are beyond the opportunity to widen those five foot sidewalks, so did they really accomplish anything. When you look at the pathway plan to the right, it shows the green, which is proposed and a lot of that now has been completed, but all of the red pathways internal that lead from Eagle Road to the Hillsdale Park and Hillsdale Elementary School and YMCA, those multi-use pathways, ten foot wide, have all been constructed and we will complete the one going to the north that will tie into the existing plan. So, the city didn't have a plan for these items. They were a quarter of a mile long each and they were, essentially, just left there to join something that already exists that would not be improved in the future, unless the city came back and did those improvements. So, as a result the Parks Department agreed that having just those quarter mile segments did not seem to make much sense in the context of their plan. Be happy to answer questions on that particular item if you have them. If not, I will go to the next slide, which deals with Marty Meridian City Council Meeting Agenda April 28,2020— Page 132 of 272 Meridian City Council April 21,2020 Page 17 of 30 Hill's property and this goes specifically to answer the question that I believe -- I'm not sure which Council Member asked how he would take access. You can see two arrows, one coming from the north, essentially it goes more directly to the home, which orients somewhat northwesterly and, then, from the cul-de-sac on the south he does have a large shop structure. He has equipment in that. It would have the opportunity to take access from the back. Now, the two link together, candidly, and so in theory he would have access points from the north and from the southwest and we did note specifically in the application that we were asking, essentially, for the opportunity for him to continue to have access in both directions. Staff, at to the time of the Planning Commission request, wondered if there was a plan in the future for subdividing Mr. Hill's property at some point down the line and, obviously, Marty does not have any plans to do that, but we did show how with the black hashed lines that those -- his large two and a half acre estate could be broken up into at least three, potentially more, but at least three lots under the existing structures. Any questions on that particular item? Then, Mr. Mayor, we really are down to two issues. They relate to the items that Sonya has brought to your attention. One being the -- what was defined as usable space in the commercial area. I want to go back to the commercial --or to the overall site plan, which would have been the first item. There we go. Yeah. One -- there you go. What's a little hard to anticipate at this point is how those retail and professional office pads will develop and so one of the concepts that we have put forward that we will, obviously, be able to share with staff subsequently. I don't know that we can do that at this point, but at the intersection of Tavistock Way, which is the north-south public street between the two commercial areas, there will be an extension of the service drive from the west to the east and so we will end up with an intersection opportunity where we can create a bit of a gathering place on any of those four corners or perhaps all four with some type of at least a space that would afford a sitting area, benches or something of that nature, that would give a place for gathering within the context of that overall project, but not necessarily in the center of that project. We do have a concept that we will provide the staff that we won't put to forth to the Council, but there is a way that we can deal with that as long as it's anticipated that it wouldn't have to be forced to be in the middle of the commercial areas, but could be kind of at the junction between the two on the north-south public street that connects that along to the south to the city park as well. So, we do have a potential solution for that item that we will share with us staff. I'm going to ask Lars Hansen to pick the question up at the moment. Hansen: Lars Hansen. Do I give my address? Okay. Okay. So, with respect to this open space that we are proposing here, this particular location is, in fact, between commercial uses and at this implied intersection that we will have with the drive aisle in Tavistock Avenue, it has a great opportunity to create a threshold really in a -- kind of a sense of entry to the entirety of the project, but also as a realistic stopping point for pedestrians that would be moving from those two commercial areas, you know, to the park or up towards Amity. So, we see that point, that node if you will, has been a real viable and a great opportunity to create a pedestrian oriented public experience there. So, I think we have some good concept plans for that that would work well with the intent of that request. Meridian City Council Meeting Agenda April 28,2020— Page 133 of 272 Meridian City Council April 21,2020 Page 18 of 30 Wardle: Mike Wardle once again. That condition could stand and I think it gives us the opportunity to work with staff to find a solution to it and it's an opportunity that we will -- you know, we will pursue as we get to the actual physical development of the project and have to go through the CZC and design review portion of the effort. Any questions about that particular item? Because I think we have really one more that we need to address. Well, Mr. Mayor, Council Members, then, going on. On page 38 of the staff report -- and Sonya alluded to it. There was a nice big not approved stamp over the top of the elevations proposed for the self service storage on Amity Road. The particular concern that Sonya just articulated a few minutes ago was the blending of those particular commercial uses with the residential. We -- we have concerns that we want to address in the form of the design guidelines that were provided and I'm going to turn the time to Jon Wardle and perhaps David Turnbull to talk about this particular -- Simison: Hey, Jon, we can't hear you. Hansen: Can we try to go to page 20 of this -- of the pdfs that are up in front of you. Right. Okay. Thanks. This is Lars Hansen again. Just wanted to speak to the architectural -- the context here that we are working within and as you can see there is some really high quality commercial buildings that have been constructed here in this area, which have, you know, the fine detailing and are great, you know, additions to this area. You know, we seek to compliment and continue with the aesthetic that's been established in this area I think as an overarching, you know, benefit to this location. The commercial design guidelines that we provided show that intends to continue with that high quality design and materiality that's been present in this area. What's unique about our site plan -- if you can just move to -- yes. Back two slides to look at the overall site plan. Thank you. Okay. So, in looking at what we have as far as context here and also the arrangement of the various uses -- and you can see that there is a continuity between the structures that face Amity -- starting from the school to the corner of Amity and Hillsdale and going out to facing on the north side, the commercial that we have along Amity and having that continuity remain as that, you know, logical street facing element seemed to be a good benefit to us in -- in maintaining that quality of architecture, but, then, you know, if you approach the corner there at Eagle Road and Amity, obviously, we have, as the primary element there, the electrical substation and as we were looking at the layouts for this piece and trying to, you know, find ways to properly buffer and transition from that industrial component to other more sensitive uses, having this storage facility here as a transitional piece to the commercial made a lot of sense and, then, also as a soft transition to the residential to the south they are backing up to one another, not facing, you know, in any way. So, they don't share a relationship between the residential and the storage unit in any way that they are perceived as, you know, an integrated whole, but more the storage unit provides a transition between, again, the industrial, you know, substation and the commercial uses. So, in as much as that's the case, you know, we felt it was appropriate to have the storage facility emulate the architecture -- the high quality designs that are present in the commercial uses throughout the project already. Ideally we feel that the storage facility should be, essentially, a background building. You know, it's well articulated and well proportioned, matching the commercial, but, essentially, not drawing undue attention to itself with details that might be distracting or Meridian City Council Meeting Agenda April 28,2020— Page 134 of 272 Meridian City Council April 21,2020 Page 19 of 30 overly complex or ornate, for lack of a better word there. So, that was an intentional desire to make it match with the commercial for those reasons. So, are there any questions regarding that -- those comments? Simison: Council, any questions? And I think I saw on the time that we are near the applicant's end of their 15 minutes. I don't know if there is more that you guys have from Mike -- or Mike's presentation. Wardle: I do not have any additional items. Those were the two specifically and it's our feeling that the design -- perhaps as we get to CZC and design review on the self storage structures might be looking at color elements that might be more blending, but certainly the design is consistent with what's happened throughout the community, as well as in the project itself. Simison: Thank you. Council? Turnbull: Mr. Mayor, can I just interject one thing? This is David Turnbull. Simison: Yes. Turnbull: And -- and I appreciate that Sonya is dealing with code issues that she's trying to address, but it's our strong opinion that--that the residential needs to reflect residential and the commercial needs to reflect commercial and try to -- to try to make one look like the other or -- or somehow morph into the other is just an exercise in futility and won't yield the result that will be good for anybody, including the city. Simison: Okay. Turnbull: Thank you. Simison: Thank you. Council, any questions for the applicant? Cavener: Mr. Mayor, this is Luke. Simison: Councilman Cavener. Cavener: I have got a question I think for -- for Fire, but it pertains to at least some of the comments that the applicant made. I don't know if now is the appropriate time or if we want to wait until the public hearing is closed or the public hearing part is finished. Simison: I will leave that up to you. If you would like to ask them now go ahead. Cavener: Mr. Mayor, I don't know if Joe Bongiorno is on or can speak, but I'm just curious if there were any comments or considerations from Fire about how you are going to get your trucks to be able to kind of get to and through Mr. Hill's home and shop. Meridian City Council Meeting Agenda April 28,2020— Page 135 of 272 Meridian City Council April 21,2020 Page 20 of 30 Bongiorno: Mr. Mayor and Councilman Cavener, thank you for the question. That is a good question. I know Sonya asked -- so, the gentleman can address how we are getting to his house and, then, obviously, we need to make sure that there is a fire hydrant nearby and his driveway is, obviously, going to be over 150 feet long, so we are going to need to make sure that there is a turnaround out there that's firetruck friendly that meets the code. So, we have not discussed this project -- Mr. Hill's property specifically. Simison: Council, any further questions at this time? Strader: Mr. Mayor, I have a question. Simison: Council Woman Strader. Strader: Question for Sonya and staff. It sounds like a pretty good compromise in the context of the overall development to do some type of an enhancement at that intersection where the road is and those two different commercial pieces meet. You know, do you think during design review we could have a requirement that everyone get on the same page during design review? Is that adequate to address that need for an amenity in the commercial in your view and also considerations about the storage? And I understand, you know, storage is often quite ugly looking, for lack of a better term, and so, hopefully, there is a way to sort of enhance it without making it a distraction for people. Allen: Mr. Mayor, Members of the Council, Council Woman Strader, I believe that we can work with the applicant at the administrative level at certificate of zoning compliance application on the provision of a gathering area, plaza area within the commercial portion of the development. However, staff does need guidance on the applicant's somewhat lack of compliance with the consistency between the residential and the commercial elevations per our Comprehensive Plan. Staff's direction was directly from the Comprehensive Plan, so Council can provide some direction to staff on what they would like to see if -- if the applicant's proposed design guidelines are good, then, that's great just, please, say so and we will -- we will go with that. If -- if you feel that the applicant needs to provide more common design elements between the commercial and residential, I would like that direction as well. Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Sonya, I have a -- I would like some clarification I guess from you. Is there specifics on -- I can see from the photographs, the obvious difference between the elevations, but can you give some more detail as to what's missing between the two, so that we -- I guess -- I guess what I feel like is happening is that we are sort of telling the applicant like keep sending suggestions until one looks good and, then, we will -- we will move forward. Are we able to give the applicant some more specifics on what it is that we are expecting and they are not meeting? Meridian City Council Meeting Agenda April 28,2020— Page 136 of 272 Meridian City Council April 21,2020 Page 21 of 30 Allen: Yes. Mr. Mayor, Council Woman Perreault, Council, the -- the Comprehensive Plan -- one of the provisions in the Comprehensive Plan calls for nonresidential buildings to be proportional to and blend in with residential buildings and that's in the mixed use neighborhood designation. Mixed use areas -- typically we want to have some common design elements to integrate the residential and the commercial development. So, that's what we are after. Form wise, height wise, we are -- we are pretty much there I think between the two. We don't, for instance, have single story next to three story buildings or four story, but there are no common design elements between the residential and the commercial. Perreault: Mr. Mayor, a follow up if I may? Simison: Yes, Council Woman Perreault. Perreault: Sonya, so you are -- you are talking about things like the materials that are used, maybe some similar landscape elements -- is that generally what you are talking about? Or like roof lines being similar? Allen: Roof lines are big. You know, all of the commercial concept elevations are pretty consistent with -- with their roof lines, as are the residential. There is just -- there is just nothing to tie them together. So, it's -- it's just some sort of -- I don't want to direct the applicant. I'm not trying to design their project. They just need to comply with the Comprehensive Plan. Hoaglun: Mr. Mayor? Allen: And if you don't feel that -- if you feel that they are, then -- then, you know, it's -- it's within your purview to propose --or the --excuse me -- approve their design guidelines and concept elevations. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I don't know if it was the applicant's slide or your slide, Sonya. Somebody was showing Hillsdale -- Hillsdale Elementary and the YMCA. Can we go back to those -- those photos? Allen: I'm not sure if they were in the applicant's or mine. Hoaglun: There we -- yeah. Those -- those photos there. You know, to me -- and if you go back to the elementary school, they -- they are -- I think back one more. Yeah. There is the elementary school. And, then, the Y was -- and the elementary school and Y are very similar. All of them have, you know, a flat roof and steel structure or wood structure coming out and to me it was -- they are -- they are the same, you know, for commercial structures -- structures they were tied together. I'm not a fan of that type of style that -- Meridian City Council Meeting Agenda April 28,2020— Page 137 of 272 Meridian City Council April 21,2020 Page 22 of 30 so, these -- these were built and they are in place now and now we are going to come in and that was approved and now we want the houses to have some design elements similar -- and I'm of the mind that I wouldn't want my house to have any of that design. I think to me it's -- it's commercial. It's a school. It's a Y. It's, you know, a health facility and there is other structures. I don't know how you tie that together in a way that makes a house look attractive to a buyer. But, again, design is -- is -- is not something that there is one way to do it and everyone likes that one way. Everyone has their different tastes, but -- but to me I struggle with saying, oh, the houses got to look something like this or some element of it and for this situation I just don't see it, but that's just -- that's just my take on it. Allen: Mr. Mayor, Council, if I may kind of respond. You know, typically -- typically in the mixed use neighborhood designated areas they are smaller neighborhood serving type of uses and they do more closely match the residential. A lot of them will have, you know, pitched roof lines, rather than the flat roofs. That's what we are looking for. This -- this development is a little different. There are larger, more commercial uses. You know, the YMCA, the -- the medical office buildings, so it -- it's -- it is a little more difficult I think in this situation. Parsons: So, Mr. Mayor? Simison: Mr. Parsons. Parsons: Yes. If I -- if I can kind of elaborate on this discussion that I'm hearing this evening. So, certainly this type of facility -- I think the intent that staff was trying to get out -- and I heard some of those comments from Council Woman Perreault, is yes, certainly building elements -- the same building materials play into that and landscaping certainly plays into that. Color schemes play into that. And I think the applicant has -- has done a very nice job --they actually built a facility out in Paramount in their Paramount development that included a lot of the same colors and design elements as their commercial office buildings out there and so I think from our perspective, as you look at the Comprehensive Plan and you -- and you see the standards or at least the guidelines that speak to complimentary design and integration, I think that was the intent that staff was trying to go for is making sure that color schemes and design themes, certain architectural embellishments that are on the commercial portion of the building can also be incorporated into the storage facility. So, it does look like it is an integrated development and I think the applicant -- probably should ask them if that's something that they can do with this development, because certainly the Paramount storage I think is one of the nicer storage facility -- facilities that we have in Meridian today. It's definitely an elevated design from what we typically see out there. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council Meeting Agenda April 28,2020— Page 138 of 272 Meridian City Council April 21,2020 Page 23 of 30 Perreault: So, thank you for that, Bill. I think that probably gives more clarity to -- to it than -- than anything I have heard so far. I -- I agree with Councilman Hoaglun, which is why I asked that question, because, obviously, commercial and residential are intended to look a little bit different and I think the challenge for the applicant here is that there are already large existing commercial structures and if they -- if they tie the -- their -- their residence -- or their retail and their storage to look like the -- the residential piece, then, now it doesn't look like the other commercial pieces that are already there and so it's going to have to be something where they--they find this middle ground and I understand why they might have made the commercial design similar to the other commercial projects that are already built, to tie all the commercial and -- and the residential in separately, but I think what Mr. Parsons just stated that the color schemes --just the general feeling that all of this is in the same development is not the same thing as saying that the roof lines or the -- you know, that the structure -- that the commercial structures need to look residential and residential structures need to look commercial, which is -- it's -- I guess it is -- it's a difficult thing to -- to interpret, but as -- as Mr. Parsons suggested, would it be possible for us to ask the applicant if -- if there is anything more that they could do to make all of this look like it -- at least it's part of the same project, like they have done in Paramount? Simison: More than happy to. We are still in the applicant question period. So, I will ask the applicant if they would like to respond. Perreault: Thank you. Hansen: Hold on. Okay. Can you hear me well now? Simison: Yes. Hansen: This is Lars Hansen again. So, yes, I think that's a great approach would be to make sure that the materiality is consistent on the new structures in color and -- and type. The elevations that were proposed for the storage facility show perhaps some cooler colors and some masonry that we could modify to be more consistent with the existing elements. So, to bring that into similarity with the other structures would be something we definitely would be willing to do. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah, I think that -- that would be helpful if -- especially the storage. I think we have found in the past that the storage in particular can end up being kind of an eyesore, but I just -- so, if Sonya has some feedback. To me the most important aspect of that -- that part of the Comprehensive Plan in this instance is that there is a good continuity with the whole development. I think the worst thing that could happen would be for half of the commercial that already exists look completely different than the other half of the commercial on the same street. So, like I think as we are applying that part of the Meridian City Council Meeting Agenda April 28,2020— Page 139 of 272 Meridian City Council April 21,2020 Page 24 of 30 Comprehensive Plan, like the context is really important and I do take to heart the fact that the residences do not face the commercial piece of the development and so I think in this case to me -- it's just one person, but my opinion is it's more important for the whole continuity of the whole development, as opposed to just, you know, this specific area. If that makes sense. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: To that point, the design guidelines that were proposed, the reference that attached to the staff report, speak to this very issue and talk about the blending of the colors and tones with the commercial and the storage units all together. In light of that discussion, Sonya, is there any concern over utilizing those design guidelines as the framework to that -- solving this issue? Allen: Mr. Mayor, Council, I don't have any issues with that. Borton: Yes. Simison: Okay. Is there any further questions for the applicant or staff at this time? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I have one more question for staff. Something that was mentioned in the staff report was that Council would need to approve the two accesses to the Hill property and I did not see that in the list of outstanding issues for Council, so I wanted to find out if -- if staff wants to make sure that we mention that in our deliberation and our motions today. Allen: Mr. Mayor, Council, Council Woman Perreault, I believe that was part of the planned unit development wrapped into that. So, there is no need for you to act separately on that. Perreault: Thank you. Allen: It's just the outstanding issues in your hearing outline for Council are really the ones that need to be addressed. Simison: Okay. With that, Adrienne, did we have anyone sign up in advance the testify? Weatherly: Mr. Mayor, we did not. Meridian City Council Meeting Agenda April 28,2020— Page 140 of 272 Meridian City Council April 21,2020 Page 25 of 30 Simison: Okay. Well, this is a public hearing. Is there anybody who is listening who would like to provide testimony on this item? If so, you can, please, raise your hand to alert the clerk and I will bring you in for -- for comments. Johnson: Mr. Mayor, this is Chris. There are no hands being raised. Simison: Okay. With that I guess I will turn it back over to the applicant to see if they would like to make any additional comments. Wardle: Mr. Mayor, Council Members, Mike Wardle. We don't have any additional issues. I think they have been discussed. I think the Council's direction seems clear and hopeful for being able to deal with these at the CZC and design review stage of the process. So, the only one question that I would respond to was the one put to the Fire Department relative to Mr. Hill's access. It actually will be a to and through. There would -- there would be an ability for any vehicular access to come in the southwest corner or the north side and actually be able to pass through the property. So, from a fire perspective there would not be any impediment for access to and through. Bongiorno: Awesome. Thank you. Wardle: With that we will leave it to the Council's discussion and discretion. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I guess at this point I will move that we close the public hearing for Hill Century Farm North, H-2019-0134. Strader: Second. Simison: Have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Strader: Mr. Mayor, I will make a comment. Simison: Okay. Council Woman Strader. Strader: Appreciate the application before us. I know they did a -- a very nice job on the Cadence property in Paramount. I am thrilled that we are not seeing additional students enter the West Ada School District. It's an incredibly overcrowded area and I think it's a good use for the property. I'm supportive of the application with the caveat that during design review they work with Planning staff to iron out the details. Meridian City Council Meeting Agenda April 28,2020— Page 141 of 272 Meridian City Council April 21,2020 Page 26 of 30 Simison: Okay. Any other comments from Council at this time? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just to go over notes of what I compiled on these decision points from what I think the collective conversation is on the outstanding issues. The DA provision 5.1 G -- two little is that talked about open space in the commercial component, that would remain to be facilitated as discussed by the applicant, most likely on the corners of the project. So, more of a location issue than -- so, I don't think that provision gets stricken. That's how I took it. But the second issue with regards to the pathway, that request still is that -- with that explanation that gets removed. The third with regards to condition number 13, that we would approve that as part of the PUD approval as well. And, then, the last one would -- with regards to the storage unit and blending its design, rather than providing new elevations, the solution would be utilizing the proposed design guidelines that were presented to facilitate the solution for the storage unit appearance. But I don't know if that missed anything that we have all discussed. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Mr. Borton, did you want to include something in there about Marty Hill's connection to city water and sewer? Borton: That's the last one. Yeah. Which it didn't sound like anyone had any objection to from -- from our city staff. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: The one thing that I just realized I should have asked the applicant about, but -- so, we are going to have a 55 plus community that's backing up to a storage facility and the -- the city code has the hours as 6:00 to 11:00 and my hope is that those retail locations and the -- the retail that ends up going in and that -- and the storage facilities, maybe their hours would be a little bit -- just not so late. Maybe 10:00 p.m. And even though -- I don't have a question for the applicant, I'm wondering if we should make a suggestion -- or I guess we could include it in a requirement that the hours not be held so late, since it is right next to residential. What do the Council Members think about that? I know it's very common with storage units for people to be there late. Hoaglun: Well, Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Meeting Agenda April 28,2020— Page 142 of 272 Meridian City Council April 21,2020 Page 27 of 30 Hoaglun: Having -- having dealt with other commercial ventures that were near residential in my previous stint on Council, the hours established 6:00 to 11 :00 are pretty standard. I don't know why we would carve out an exception there. You know, we had an issue with the McDonald's over here on Cherry and what their hours were, so, you know, that-- since that was the standard business hours we left it at that. I mean certainly we can always put that in for there, but I -- I don't know why we would do some -- some commercial or storage facilities that backup to residential --and there is quite a few. There is one on Chinden was one that we approved that had those hours and it was against residential. I don't know if we would want to have that disparity out there and that's -- that's my only comment on that. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I appreciate so much our Council Members kind of being sensitive to potential residents and things of that nature. I -- I urge caution, though, about creating a certain exception for a particular business. As we have seen these facilities kind of build up around Meridian, to my understanding I don't think I have ever received a noise complaint or a letter from a citizen who is upset about the noise that are coming out of these buildings. They are not something where there is a lot of traffic in there on a daily basis and my belief is that the vast majority of our citizens that are using these are going to be using them, you know, daytime hours, on weekends, so I just think it's a dangerous precedent for us to start carving out. If we want to take a larger look at the hours that we want to let storage units operate, I think that's a great conversation, but picking out something, while well intended for one particular business, is not something I think we should -- we should look at at this time. Simison: Council, any further comments or would someone like to proceed with a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I will make a motion on this application. I move that we approve Item 5-E, H- 2019-0134, to include as presented in the staff report and following our discussion, which will -- it will keep as one of the conditions that 5.1 G two little is with regards to open common usable areas within the commercial component, which will be incorporated as discussed by the applicant and staff in today's hearing. That the condition with regards to the ten foot pathway be removed in light of what was presented. That condition number 13 allowing the exception for a building permit to be issued for the community center prior to the private streets receiving final approval be permitted as part of the PUD exceptions to the code standards. That condition 5.1 E, which requires the existing home to hook up to city water and services within 60 -- within 60 days of service becoming available from the adjacent R-8 zoned property and, finally, that with regards to provision 5.1 G, VI, Roman numeral six, that the storage unit design will be consistent and subject to the Meridian City Council Meeting Agenda April 28,2020— Page 143 of 272 Meridian City Council April 21,2020 Page 28 of 30 applicant's proposed design guidelines, which are presented and attached to the staff report for today's application and that the solution with regards to Mr. Hill's driveway and fire access be incorporated as presented in today's hearing. Perreault: Second. Simison: I have a motion and a second. Is there any discussion on the motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: A question to Councilman Borton. On the 60 days for Marty Hill's hook up to sewer and water, that allows him to hook up to city services within 60 days of the final platting of the estate lots, is that what you wanted to -- Borton: Correct. Hoaglun: Thank you. Simison: All right. If there is no further comments, I will ask the clerk to call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion passes. MOTION CARRIED: ALL AYES. Item 6: Future Meeting Topics Simison: Item 6, Future Meeting Topics. Do we have anything under Item 6? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Not -- maybe a topic, but not necessarily -- I'm just curious. I noticed that the public comment portion has kind of went away from our agenda. I assume that went away from this virtual environment. Where we don't know when we are all going to be back in Council chambers, my hope is that your guys' next agenda setting meeting that we can look to -- to find a way to incorporate that in this virtual environment. I think it's a good opportunity for our citizens to be able to provide feedback to us, ask questions while they are watching from home. Simison: Okay. Meridian City Council Meeting Agenda April 28,2020— Page 144 of 272 Meridian City Council April 21,2020 Page 29 of 30 Bernt: Consider it done. Item 7: Amended Onto Agenda: Executive Session per Idaho Code 74- 206(d): To consider records that are exempt from disclosure as provided in Chapter 1, Title 74, Idaho Code. Simison: Is there further items? If not I will entertain a motion. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Actually, no, not yet. We are going to go to -- we are going to an Executive Session. Simison: Correct. Bernt: I move that we go into Executive Session per Idaho Code 74-206-(d). Hoaglun: Second. Simison: I have a motion and a second to go into Executive Session. Is there any discussion on the motion? Strader: Mr. Mayor, are we -- are we going into this pre -- the same meeting we had previously? Johnson: Mr. Mayor, this is Chris. Per Mr. Nary's direction, I just e-mailed you a new link to an Executive Session. So, we will end and I will restart it, be able to go to that Executive Session and, then, come back in the meeting here. Simison: Okay. Perfect. Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. We will adjourn into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (7:32 p.m. 8.04 p.m.) Cavener: Move that we come out of Executive Session. Hoaglun: Second. Meridian City Council Meeting Agenda April 28,2020— Page 145 of 272 Meridian City Council April 21,2020 Page 30 of 30 Simison: All in favor? MOTION CARRIED: ALLAYES. Cavener: Move we adjourn. Hoaglun: Second. Simison: All in favor? MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8:04 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 4 / 28 / 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK