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HomeMy WebLinkAbout2023-02-21 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, February 21, 2023 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Mayor Robert E. Simison ABSENT Councilman Luke Cavener PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 1. Public Hearing for Franklin Annexation (H-2022-0090) by The Land Group, Inc., located at 2975 E. Franklin Rd. Approved Application Materials: https://bit.ly/H-2022-0090 A. Request: Annexation of 2.53 acres of land with a C-C (Community Business) zoning district. Motion to approve made by Councilman Hoaglun. Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault FUTURE MEETING TOPICS ADJOURNMENT 6:34 PM Meridian City Council February 21, 2023. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, February 21, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Jessica Perreault, Brad Hoaglun, Liz Strader and John Overton. Members Absent: Luke Cavener. Also present: Chris Johnson, Bill Nary, Bill Parsons, Scott Colaianni, and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton X Jessica Perreault Luke Cavener X_ Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is February 21 st, 2023, at 6:00 p.m. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you will all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Next item up is the community invocation, which will be delivered this evening by Pastor Troy Drake. If you would all, please, join us in the community invocation or take this as a moment of silence and reflection. Pastor. Drake: Lord God, we just want to acknowledge how much we appreciate you and on behalf of everyone here we are just thankful that we have life and we live in this great country, despite its faults, Lord, we are thankful for the freedom that we have and -- and in this great city and we just appreciate what we have and -- and that it's warm here and we are clothed and fed. We just appreciate all those things that ultimately come from you. Your Word says that every good and perfect gift comes down from the Father of Lights. So, we appreciate that. God, we are just praying for peace in our city and safety for the citizens and, of course, those who enforce it, our -- our police officers. We just appreciate them. Pray that you keep them safe. As well as the -- the other first responders here and so, God, just for tonight we ask that you bless the -- the City Meridian City Council February 21,2023 Page 2 of 12 Council agenda and that you would be with the Mayor and all the Council Members and everyone else who supports that as they need your wisdom and your grace, God. And I just pray that all these men and women would -- would know how much you love them and it's in Jesus' name we pray, amen. Simison: Thank you. ADOPTION OF AGENDA Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adopt the agenda as published. Overton: Second. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, do we have anyone signed up under public forum? Johnson: Mr. Mayor, we did not. ACTION ITEMS 1. Public Hearing for Franklin Annexation (H-2022-0090) by The Land Group, Inc., located at 2975 E. Franklin Rd. A. Request: Annexation of 2.53 acres of land with a C-C (Community Business) zoning district. Simison: Okay. Then with that we will move on to Action Items. First item up is a public hearing for Franklin Annexation, H-2022-0090. We will open this public hearing with staff comments. Mr. Parsons. Parsons: Thank you, Mayor, Members of the Council. First item on the agenda tonight is the Franklin Annexation. The application before you is for annexation of 2.53 acres of land currently zoned R-2 in Ada county and it's located at 2975 East Franklin Avenue. A little history on this particular site. In 2009 the city did process a Comprehensive Plan map amendment to change the future land use to commercial on this site. It was Meridian City Council February 21,2023 Page 3 of 12 originally intended to develop with the property to the -- to the west of it, the Jump Time piece, but at the time that it came through it was conceptual in nature and, then, the Jump Time -- the applicant that owns the Jump Time property actually had plans to develop that as an office park and a commercial node and did not move forward with that. In 2015 that plan was changed. And so now we are here tonight annexing in for this applicant as well. I would mention to you that a concept plan was submitted and there aren't any end users at this point in time. So, that comp -- again, that Comprehensive Plan designation is commercial and the applicant is requesting a C-C zoning district consistent with that property to the west. There are existing structures on the subject property that will be removed upon development and currently there are two curb cuts to the property that one will be closed and, then, one will be widened or improved when they actually have development proposed that will align with Olson Street across on Franklin Avenue. I had a chance to look at the ACHD staff report before I came tonight and wanted to let you know that ACHD didn't technically say it was approved, but they did say that they will look at that when there is actual development proposed. But, in theory, talking with the applicant, this is a safer situation to have this curb cut put in this location, because it's farther away from the intersection of Franklin and Eagle and it also aligns with the public street across Franklin Road. So -- and, then, as part of their application submittal when they go to develop this site they will have to reciprocate cross-access with the Jump Time property to their west. That was required with Jump Time and that agreement has been reciprocated to this property. So, hopefully, we will have both of those properties sharing and access and using each other's parking lot for cross-access for safer situation to the adjacent roadways. So, here is the conceptual development plan that the applicant is proposing. You can see there is two pad sites. One is approximately 3,300 square feet with a drive-through. I would mention to the Council that the drive-through is not approved. If -- if one is proposed for this site they will have to come back, do a conditional use permit and go through that process with the Planning and Zoning Commission and, then, the second pad site on the south boundary, the 12,400 square foot, potentially office. Retail use in the future, again, no end users. At the Planning and Zoning Commission it was discussed -- the design of this concept was brought up why the building was oriented the way it was and it was to provide that compatibility with the -- the adjacent residences and that's why you see it oriented north-south and, then, the parking up along some of the existing county residents as well and, then, also Commission was concerned that -- some of the residents came and testified and they were concerned about landscaping and fencing along the south boundary and the location of this trash enclosure here, if you can see my cursor. So, a lot of that came about -- Planning and Zoning Commission did recommend that this trash enclosure get located to a more central location. They felt that the building was in a correct orientation and as they go through the development process with the city the code does require that the applicant construct a 25 foot landscape buffer adjacent to any residential uses. That's -- that's important to note here and we will look at that at the time of certificate of zoning compliance and design review approval, if the applicant is successful with their annexation and executes the development agreement with the city. I would also mention to the Council that we -- when we pre-app'd with the applicant we did entertain a potential cross-access with the L-O property to the east. After looking at the existing site constraints -- there is a canal. Meridian City Council February 21,2023 Page 4 of 12 The close -- close proximity of that access point to Eagle Road. And, then, just where that decal lane starts in -- in front of that access point, we felt it wasn't a safe situation, that it was better to offer up the access on the west boundary here, rather than getting cross-access in this location here. But I would like to commend the applicant -- at least they went back to the drawing board and made sure that we could at least get pedestrian connectivity to that facility and to that L-O parking, which -- or to that L-O development, which is in compliance with the code as well. So, again, that will happen when actually lot development is proposed. So, I would let you also know that the Commission did recommend approval at their January 19th hearing. Tamara Thompson testified in favor of the application. Again that was adjacent neighbors that were concerned about compatibility, just landscaping, fencing and noise from the trash enclosure. Commission does want the applicant to continue to work with those residents to make sure there is adequate mitigation measures and they will do that when they go through the process with certificate of zoning compliance and design review. As I mentioned to you, Commission did recommend two new DA provisions as part of the recommendation. One Commission had asked staff at the Planning and Zoning Commission what the restrictions of height were on the adjacent development to the west. So, the Jump Time building itself was restricted to 35 feet and so to ensure that compatibility and be consistent with that approval, that was one recommendation that the Planning and Zoning Commission brought forward tonight, is that this 12,600 square foot building be limited to 35 feet in height. And, then, as I mentioned to you, a relocation of that trash enclosure to a more central location away from the resident. So, we anticipate something in here potentially the applicant can look at just having one central dumpster location for both tenants. May not need both of them. But they will continue to work with Republic Services when they finalize the exact location. Staff -- there are no outstanding issues with you and staff and Planning and Zoning Commission, again, have recommended approval and I will stand for any questions you may have. Simison: Thank you, Bill. Council, any questions for staff? Okay. Would the applicant to come forward? Thompson: Good evening, Mr. Mayor, Members of Council. My name is Tamara Thompson. I'm with The Land Group at 462 East Shore Drive in Eagle. Bill covered everything really well. He always does. But I will just go through a quick little overview. Again, the property is approximately 650 feet to the west of Eagle Road on the south side of Franklin. It consists of one parcel that's 2.53 acres that's currently used as a residence. That residents would be removed with redevelopment. The parcel does have a future land use designation of commercial and we are proposing a C-C zone, or Community Commercial, which is consistent with that future land use designation and it is the same as what the Jump Time is, too, to the west and, then, to the immediate east is an L-O on that hard corner of Eagle and Franklin. The main access point -- or the only access point to this property would be realigned with -- across from Olson, but that would not be a public street. Olson is a public street. It would just be a drive access to it and, then, cross-access to the west, too, and I will show you where that is on here. There we go. Kind of jumping around. But there is a recorded document that the Jump Meridian City Council February 21,2023 Page 5 of 12 Time did that has that cross-access just to the south of where their vacant pad is. So, we would provide that access on our side. The -- the properties to the south and a little bit to the east are the R-2 zoned properties. Those are in the county. When we had our neighborhood meeting was summer. Our concept plan looked different then than what you see today and we did make some changes based on comments from the neighbors and mainly we did have that, the -- the southern boundary covered with -- with the building and they asked us to move that so that they would still have some view corridors there. And, then, this is our concept plan. I colored it in on the -- on the landscape setbacks. I think on that southern boundary those need to be pulled up a little bit. But we will comply with the 25 foot landscape setbacks and we are showing a concept right now with two phases. The phase on the north side will be the first phase and all of the street frontage improvements will go in with phase one and that pedestrian connection to the L-O will go in at that time and the cross-access to the west. The second phase, then, is the southern one and we will work with staff and the neighbors on relocating that trash enclosure. That won't be -- won't be an issue and we are fine with the 35 foot height restriction. We have read the staff report and agree with staff's analysis and recommended conditions of approval and we respectfully request your approval tonight and I will stand for questions. Simison: Thank you. Council, questions for the applicant? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Hi, Tamara good to see you. Quick question on the parking. So, I was trying to understand the calculations. It looks like there was a calculation for office and, then, there was also a calculation for restaurant use, both in phase two. So, is that -- help me understand why there is almost double the parking of what is required? I'm not -- I wasn't -- I wasn't of the understanding that this clubhouse building is intended for office use or you're not sure what's going in there yet, like it may be a restaurant user and that's the reasons it was planned this way or maybe I'm misunderstanding. Thompson: Yeah. Mr. Mayor, Council Woman Perreault, good question, and I did not do a good job of explaining that. So, the office to the immediate east where we have the pedestrian connection, they are having some issues with their parking and so they have asked to lease some parking spaces on this side. So, we are overparked to accommodate some parking for -- for that -- for that -- for that office to the east. Simison: Council, any additional questions for the applicant? Tamara, just -- help me understand something with the cross-access over Jump Time. On the aerial it looks like they have -- is there parking like where they have a barrier for parking? Thompson: So, Mr. Mayor, it does look like that and so I'm not sure if that is a city code compliance thing or how -- how that is going to get rectified. There is a cross-access -- a recorded cross-access easement at that location, but they have filled it in with Meridian City Council February 21,2023 Page 6 of 12 landscaping at this point. So, I'm not exactly sure how that works on their side. Our side will go right up to the property line. Simison: Mr. Parsons, do we have a way to rectify something that someone builds on their property that may prevent a -- cars from actually using what would be a cross- access? Parsons: Mayor, Members of the Council, like -- I think we are pretty solid in the development agreement and the recorded easement. I know when the applicant met with staff probably back in '15 or so when we started this process, he asked if he could put that in just because he didn't want to have just bare dirt. So, I think as long as the applicant reaches out to that property owner and let -- let them know that they are ready to get that reciprocated, I think the DA -- what we have in place and what's recorded it should allow the applicant to remove that parking and landscaping and make that happen. I can tell you that this site is overparked per city standards. So, the city's -- the city is not concerned with the loss of three or four parking stalls there. And we do anticipate additional development on that front pad as well. Simison: Yeah. Parsons: It will also use that access point. So, it is going away at some point. Simison: I would assume it would not be just those three or four, it would be what looks like that entire row that is -- I mean it appears as if though that is parking in that location, but I don't know how you would develop the site and leave it anyways. But just want to make sure that there is a way to rectify a cross-access to -- so it's actually utilized, knowing that it's not part of this applicant's issues, but if the cross-access was not going to be functional, then, it just begs the question. That's all. Parsons: Mayor, Council, like -- we do have a copy of that recorded easement and it's recorded against the property and Tamara mentioned it as well. She has the same thing. So, I think we are in pretty good standing. Simison: Okay. Council, any additional questions for the applicant? Okay. Thank you very much. Mr. Clerk, do we have anybody that signed up to provide testimony on this item? Johnson: Mr. Mayor, we do. We had online Nancy Buckley. I don't have anyone on line, though, and I don't think she is here. So, the other is Eric Royer. Or Eric. I may be reading that wrong. Is Eric here? Simison: If you would like to come forward. No -- no comment? Yeah. If you want to come up and speak you can, but, otherwise, we can't have you speaking, because Dean can't put it on the record. All right. Here he comes. If you can just state your name and address for the record, then, you can say whatever little or nothing that you would want to do. Meridian City Council February 21,2023 Page 7 of 12 Royer: My name is Eric Royer. My address is 3060 -- Simison: Can you get closer to the mic? Royer: My name is Eric Royer. My address is 3064 East Springwood. I'm the property to the west, I assume. East. Correct. Right there. I'm here just to -- I have no problems with what they are doing. My biggest concern, even at the last meeting, was I would like to have some sort of barrier between residential and commercial. My back window is on the back left side here -- Perreault: Sir, could you speak up? I can't hear. Royer: My -- my house -- my bedroom -- back bedroom is on the back corner of my home. My -- my -- my worry is having a fence put up, so that we can keep the light from the parking lot shining in my backyard every time a car comes in. This is going to be a parking and I'm sure Jump Time will take advantage of it. So, I'm just here just to make sure that I see what's going on and that's my concern. Simison: Okay. Thank you. Council, any questions? Hoaglun: Mr. Mayor? Eric, real quick. So, you are -- you are wanting a fence put up there for sure and, then, possibly some trees for landscaping, screening type -- Royer: Well, in my backyard I have some trees. My worry is -- I would like a barrier of some sort so that every time a car comes in it doesn't shine in my bedroom, living room, my dining room. I hope you can appreciate that, you know, just -- they are going commercial. I'm residential. I just want to have my privacy, you know. That's -- that's all. Okay. Got it. Thank you. Royer: Thank you. Simison: Okay. Mr. Clerk, anybody else sign up in advance? Johnson: Mr. Mayor, that was everyone. Simison: Okay. If there is anybody who would like to provide testimony on the item, if you would like to come forward at this time. And there is nobody online. So, with that I will invite the applicant up for any final comments. Thompson: Mr. Mayor, Members of Council, Tamara Thompson again. Regarding the barrier there -- there is going to be that 25 foot landscape setback and we will be very mindful. The Land Group will be doing the landscape plan on that and we will be very mindful of car headlights and make sure that we are -- we are landscaping appropriately for those. And with that I will again ask for your approval tonight and stand for any questions. Meridian City Council February 21,2023 Page 8 of 12 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Tamara, so there is no fencing or is there already existing fencing in the neighborhood and you are just going to be landscaping that 25 foot area -- that property to the east? Thompson: Yeah. Mr. Mayor, Councilman Hoaglun, most of the properties have existing fencing already. So, what we have discussed with them is just enhanced landscaping. Hoaglun: All right. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: You said most of the property and it looks like there are four properties that border this property. So, the gentleman that just spoke to us to the east, does he have an existing fence? I guess I'm kind of struggling with why you are not putting a fence in, to be perfectly frank. Thompson: Mr. Mayor, Council Woman Strader, we did look at that. I have some -- it's been a while since I was out there, so I don't recall, but I do have some photos I could pull up for you of what -- of what the area looks like. I believe everyone has fencing already and -- and so in our neighborhood meeting and what we have discussed with them since, after the Planning and Zoning hearing, is -- is landscaping. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I'm sorry. I think we are going to have to run this down more. So, it's a little bit out of order to have a member of the public come back up and testify at this point, but if he wants to testify as to the existing conditions on his property and what he's comfortable committing to going forward or if you want to pull up the photos, but I -- I personally think that if there is not a fence that you should put up a fence. Simison: Okay. So, what the -- what the individual was just saying is he has got a four foot chain link fence. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council February 21,2023 Page 9 of 12 Strader: Right. And so his point is that the fence that he has on his property is not adequate to block the headlights and so we are relying on the landscaping and berming to block that, but I guess, Tamara, I -- I would like to understand if you guys are open to putting up a more solid fence or how you are going to ensure that all the headlights are blocked. Parsons: Mayor, Members of the council, just for context, I did testify at the Planning and Zoning Commission that Council did require a fencing -- Jump Time to put in six foot fencing along the back of their property in this location here. So, that's something that was discussed to match the existing neighborhood. Now, the code doesn't require fencing. The code requires dense landscaping to Tamara's point. So, there is multiple ways to get there. But fencing and landscaping is one way. Berming and landscaping is another way. But, again, just want to be transparent on the record that that was a DA provision with the Jump Time property. Simison: Tamara, would you like to come up and -- Thompson: Mr. Mayor, Members of Council, Tamara Thompson again. I have talked to my client and areas -- so, many of them do have solid fencing. I can -- I have some photos, Bill, if we want to pull them up of existing conditions. But the -- we -- my client is -- is agreeable to putting up solid fence if it's chain link. It just comes to the -- it always gets confusing, because when you have multiple neighbors, some of them want to keep their fence, what do you -- do you put up two fences with a little space in between? You know, it always gets -- and everybody wants something different. So, we had agreed upon a landscape -- enhanced landscaping in those areas. But if we need to do a solid fence or add slats to something that's existing, we are open to that. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Typically the HOA steps in and they decide for the -- for all the homeowners what it should be, so you don't run into that problem typically that we have come across that we work with and I remember when the Walmart went in on Franklin Road, the homeowners association came in and worked with the developer on that and you reached an agreement -- because, yeah, the homeowners may not agree on things like that. But in this case -- you know, Mr. Royer has come in and has a sizable chunk, because of the -- the wedge shape that his property is, there is quite a bit of land right along there that -- that he has and certainly a chain link fence isn't suitable for that and enhanced landscaping is good, but at the same time if some of the bushes and whatnot are deciduous and in the wintertime they fall, you know, you have -- have those types of situations that you -- that you meet with. So, I think in this case where there is that chain link fence on his property, certainly needs to have a six foot fence that I think you and the applicant -- you, as the applicant and the homeowner, can reach agreement on what that would be. If the others have fences already, they are six foot, then, that's up to them. I mean that's -- they have got what would be put in over here. So, I don't see Meridian City Council February 21,2023 Page 10 of 12 a need to go in and say it all has to be the same. In this case he's taken the time and effort to come and has a concern and I think we can -- we can add that to the -- to the condition if you agree with that. So, it sounds like you -- you are willing to do something for that situation. Thompson: Mr. Mayor, Councilman Hoaglun, my -- my client is agreeable to that. Simison: Council, any additional questions -- Councilman Borton. Borton: No. Mr. Mayor, just a comment. I agree with -- I'm glad that -- that was brought up. I thought six foot vinyl fence makes sense along that property, at least that large single property to the east. We know what the issue is going to be, so I appreciate the applicant being willing to do that. Simison: Okay. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Having extreme knowledge of Green Hills Estates when it was first started being developed in 1977, 1 can tell you there was no active HOA in that entire development and fences ran the gamut of what was allowed. So, finding everybody putting in the same fence is probably not what you are going to see and I think if you put up a solid fence where he has got a -- a non-solid fence now to make him happy and move your development forward, I think that's the right decision. Simison: All right. Thank you. Council, what's your direction at this point? Close the public hearing? Continue the conversation? Hoaglun: Mr. Mayor? Simison: Council Hoaglun. Hoaglun: To make sure we are all on the same page, you know, I'm prepared to make the motion and whatnot, but this is just for the Royer property. I suspect -- it sounds like the others have six foot fences and he does have a chain link that's four foot and I do think we need to, you know, do something for that -- that property there to -- since commercial is coming in and typically when your property is impacted by someone else doing the development, they pay for that expense, as it should be. So, I -- I'm fine with doing it just on that property and when you look at his house, how close it is to the property line, it's way closer than anybody else's house, especially to the other applicant -- or homeowner to the east that has that little very tip that -- that touches there. So -- so, that's -- that's the direction I'm going with -- with the motion I would be making if -- if folks are -- unless they have other -- other -- other issues to discuss. Mr. Mayor? Meridian City Council February 21,2023 Page 11 of 12 Simison: Councilman Hoaglun. Hoaglun: I move that we close the public hearing on Item H-2022-0090. Overton: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye? Oppose nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: After considering all staff, applicant, and public testimony, I move to approve File No. H-2022-0090, as presented in the staff report for the date of February 21 st, 2023, and to include the staff and commission changes of the 35 height limitation on the building as noted in the report and the trash -- southeastern trash enclosure being moved and also to add another provision that would include installing a six foot fence along the eastern boundary of the Royer property that has been identified on the record this evening. Overton: Second. Simison: I have a motion and a second. Is there discussion on the motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I just want to mention before we vote that I agree with my fellow Council. Thank you for all the great comments and points that were brought up and -- and Council President Hoaglun absolutely, there is potential for wintertime to really affect that landscaping, but also I have yet to see dense enough landscaping that would -- you know, that would provide a shield against headlights anywhere within the first ten or 15 years of a project. So, unless you have the trees really close together I don't think that it's going to act in place of a fence. So, I am fully in agreement with my fellow Council that that should be a requirement of the DA. Simison: Okay. Is there any further discussion? Parsons: Mayor. Council. Sorry. Just one clarification. Is Council's preference to ask for a vinyl fence or just six foot solid fence? Any preference on that? Meridian City Council February 21,2023 Page 12 of 12 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I would think the applicant and the homeowner can work that out. I mean vinyl fences are usually typical, but I don't think there is anything out of the ordinary for that. I think the homeowner would find that acceptable to have vinyl fence. So, with the agreement of the second, I would amend it to include a six foot vinyl fence. Overton: Second agrees. Simison: Okay. First and second agree. Any further discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Or do I have a motion to adjourn? Hoaglun: Move to adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6.34 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 3-7-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 3-7-2023 E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. 7 i 7 CITY OF MERIDIAN I CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: February 21, 2023 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic. Please observe the following rules of the Public Forum: • DO NOT: I o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Changes to Agenda: None Item #1: Franklin Annexation (H-2022-0090) Application(s): Annexation & Zoning Size of property, existing zoning, and location: This site consists of 2.53 acres of land, zoned R2 in Ada County, located on the south side of E. Franklin Rd., just west of N. Eagle Rd., at 2975 E. Franklin Rd. Comprehensive Plan FLUM Designation: Commercial Summary of Request: The Applicant requests annexation of 2.53-acres of land with a C-C (Community Business) zoning district. There is an existing house and associated structures on this site and two (2) existing driveways via Franklin Rd. that are proposed to be removed with development. A conceptual development plan was submitted that shows how the property is anticipated to develop with a 3,360+/- s.f. building pad that includes a drive-through and a 12,600+/- s.f. building pad with associated parking. Specific uses and tenants are unknown at this time although a restaurant (or coffee shop) is anticipated on the building pad nearest Franklin Rd. and possibly an office on the rear portion of the property. The proposed parking for the overall site exceeds UDC standards for the most restrictive use (i.e. restaurant) by almost twice as many spaces (64 spaces required, 126 spaces proposed). A new access driveway is proposed along the west boundary of the site via E. Franklin Rd. in alignment with N. Olson Ave. on the north side of Franklin Rd. A cross-access easement exists to this property from the property to the west; a reciprocal cross-access easement should be granted for interconnectivity and access via Franklin Road. With development, a 35’ wide landscaped street buffer will be required along E. Franklin Rd.; a 25’ wide landscaped buffer will be required to adjoining residential uses; and parking lot landscaping will be required in accord with UDC standards. A detached sidewalk is required along Franklin Rd. in the areas where the existing driveways are located. Conceptual building elevation photo examples were submitted that demonstrate what future buildings constructed on the site may look like. Final design is required to comply with the design standards in the City’s Architectural Standards Manual. Commission Recommendation: Approval with the requirement of a DA Summary of Commission Public Hearing: i. In favor: Tamara Thompson, The Land Group (Applicant’s Representative) ii. In opposition: None iii. Commenting: Kent Brown, Amanda Taylor, and Brenda & Eric Royer iv. Written testimony: Tamara Thompson, The Land Group (Applicant’s Representative) v. Key Issue(s): a. Noise associated with trash pick-up and the relocation of the trash enclosure from the southeast corner of the site. b. Fencing and landscaping adjacent to the existing County residences. Key Issue(s) of Discussion by Commission: Continue to work with the County residents on landscaping, fencing, and relocation of the trash enclosure to a more appropriate location. Commission Change(s) to Staff Recommendation:  Commission added a DA provision restricting the height of the southern building to 35 feet.  Commission added a DA provision requiring the southeastern trash enclosure to be moved away from the County residences to a more central location on the site. Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2022-0090, as presented in the staff report for the hearing date of February 21, 2023: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2022-0090, as presented during the hearing on February 21, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0090 to the hearing date of _________ for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting February 21, 2023 Item #1: Franklin Annexation AERIAL MAPZONING MAPFUTURE LAND USE MAP Conceptual Development Plan Sample Building Elevation Photos v IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Franklin Annexation (H-2022-0090) by The Land Group, Inc., located at 2975 E. Franklin Rd. Application Materials: https:Hbit.ly/H-2022-0090 A. Request: Annexation of 2.53 acres of land with a C-C (Community Business) zoning district. PUBLIC HEARING SIGN IN SHEET DATE: February 21, 2023 ITEM # ON AGENDA: 1 PROJECT NAME: Franklin Annexation (H-2022-0090) Your Full Name Your Full Address Representing I wish to testify a (Please Print) HOA? (mark X if yes) a If yes, please provide HOA name 1 t%12- 2 i 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT 1,H p HEARING February 21, 2023 Legend DATE: 11D Project Locator TO: Mayor&City Council L_LLL1J_.L FROM: Sonya Allen,Associate Planner ' 208-884-5533 '- SUBJECT: Franklin Annexation TM . H-2022-0090 LOCATION: 2975 E. Franklin Rd.,in the NE 1/4 of Section 17,T.3N.,R.1E. (ParcelL_m -' #S1117110201) EFTI ' I. PROJECT DESCRIPTION Annexation of 2.53-acres of land with a C-C (Community Business) zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 2.35-acres(2.53-acres annexation boundary) Future Land Use Designation Commercial Existing Land Use Single-family residential Proposed Land Use(s) Commercial(no specific uses are proposed) Current Zoning R2 in Ada County Proposed Zoning C-C(Community Business Lots(#and type;bldg/common) NA Phasing plan(#of phases) 2 Number of Residential Units(type 0 of units) Physical Features(waterways, The Snyder Lateral crosses the northeast corner of the site. hazards,flood plain,hillside) History CPA-09-005 (Macha Retail Plaza) mmmln�� Page 1 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Existing Conditions • CIP/IFYWP Access(Arterial/Collectors/State Access is proposed via E.Franklin Rd.,an entryway corridor and arterial H /Local)(Existin and Proposed) street,at the western boundary of the site. Proposed Road Improvements None Fire Service No comments received. Police Service No comments received. West Ada School District No comments received. Distance(elem,ms,hs) Capacity of Schools #of Students Enrolled Wastewater • Distance to Sewer Services Connect sewer to existing main in Franklin Rd • Sewer Shed W • Estimated Project Sewer Additional 125 gpd committed to model. ERU's • WRRF Declining Balance WRRF decline balance is 14.57 MGD. • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX Water • Distance to Services Connect water to existing main in Franklin Rd • Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX Page 2 WAIM —PI - . - . . OWr ,k ■ � _ � ,�s�■roF.i W F AN W FRANKLZ on S h-' RD 1'• - is ■■■ ir'� _== 84 ��■ 84 IiJ ��■om r�s��j1111a RANKLIN �■■■■■111�ii�' �� '���� ■ ■■■■■ ■■■■ ■■■■■■■■■■■■��l►y11111111 ��■ L� .. ■■■■■■■■■■■■■r ■■■■■■■■■■■■■,�■���■►� ��r� ■i ■- '-'ati �tnu■�� �■ 84 ■■■��+ 84 B. Owner: Rudy Lindbloom,Falcon Properties—PO Box 2255,Wenatchee,WA 98801 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 01/04/2023 2/3/2023 Radius notification mailed to property owners within 500 feet 12/30/2022 1/30/2023 Public hearing notice sign posted 1/7/2023 2/11/2023 on site Nextdoor posting 12/30/2022 1/30/2023 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Commercial on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The Commercial designation provides a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses.Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G. The subject property is proposed to develop with two(2)commercial structures,which should be consistent with the Commercial FLUM designation. Future uses will be allowed as listed in UDC Table 11-2B-2, Allowed Uses in the Commercial Districts. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) A 25 foot wide buffer is required for screening adjacent to the existing residential uses to the east and south, landscaped in accord with the standards listed in UDC 11-3B-9C, with development of the site. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity." (6.01.02B) Page 4 There are two (2) existing access driveways via E. Franklin Rd., an arterial street,for this site. One driveway is proposed to replace the two (2) existing driveways and a cross-access easement and driveway is proposed to the adjacent commercial property to the west for interconnectivity. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Curb, gutter and an attached sidewalk exists along the frontage of the site adjacent to E. Franklin Rd. Water and sewer utilities will be extended to this site with development. • "Minimize noise, lighting,and odor disturbances from commercial developments to residential dwellings by enforcing City Code."(5.01.01F) Lighting on the site should comply with the standards listed in UDC 11-3A-11 so as not to disturb adjacent residential uses. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C) A 35 foot wide street buffer will be required with development along E. Franklin Rd., an entryway corridor and arterial street, landscaped per the standards listed in UDC 11-3B-7C. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." If annexed, use of the existing septic system shall cease and future structures will be required to connect to City sewer service. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 2.53-acres of land with a C-C(Community Business) zoning district. A legal description and exhibit map for the annexation area is included in Section VIII.A. This property is within the City's Area of City Impact boundary and contiguous to City annexed property and thus is eligible for annexation. There is an existing house and associated structures on this site that are proposed to be removed with development. There are two (2)existing driveways via Franklin Rd. A conceptual development plan was submitted as shown in Section VIII.B that demonstrates how the property is anticipated to develop with a 3,360+/-square foot(s.f.)building pad that includes a drive- through and a 12,600+/-s.f.building pad with associated parking. Specific uses and tenants are unknown at this time although a restaurant(or coffee shop)is anticipated on the building pad nearest Franklin Rd. and possibly an office on the rear portion of the property. Future uses will be allowed as listed in UDC Table 11-2B-2,Allowed Uses in the Commercial Districts,for the C-C zoning district. Professional services (i.e. office)and restaurants (i.e. coffee shop)are listed as principal permitted uses in the C-C zoning district. A drive-through establishment is required to comply with the specific use standards listed in UDC 11-4-3-11,which require approval of a conditional use permit because the use is within 300-feet of a residential use and district. Future development is subject to the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district. Franklin Road is fully improved with 5-travel lanes,vertical curb, gutter and sidewalk adjacent to this site;therefore,no additional right-of-way dedication or road improvements are required with development of this property per the ACHD report in Section IX.E. Page 5 An access driveway is proposed along the west boundary of the site via E. Franklin Rd., an arterial street and entryway corridor, in alignment with N. Olson Ave. on the north side of Franklin Rd.;the existing access driveways are proposed to be closed.A cross-access easement(Inst. #2017-103145)exists to this property from the property to the west(Parcel#S 1117110550); a reciprocal cross-access easement should be granted to the property to the west(Parcel#S 1117110550)for interconnectivity and access via Franklin Road to reduce access points on the arterial street.A copy of the recorded cross- access/ingress-egress easement should be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy on the site. Staff does not recommend a shared access driveway is provided to the property to the east because of the right-turn lane on Franklin Rd.that exists in front of the property to the east. Restaurants are subject to the specific use standards listed in UDC 11-4-3-49,which requires a minimum of one(1)parking space to be provided for every 250 s.f. of gross floor area. Professional services and other non-residential uses require a minimum of one (1) off-street parking space to be provided for every 500 s.f. of gross floor area. Based on the total area of the building footprints depicted on the conceptual development plan(i.e. 15,960+/-square feet), a minimum of 64 off-street parking spaces are required to be provided on the site at the most restrictive parking standard(i.e. one space per 250 square feet); a total of 126 spaces are proposed. The concept plan states a total of 59 parking spaces are planned to be dedicated to the existing office use to the east through a cross-parking agreement,which leaves a total of 67 spaces for this site for future uses, exceeding UDC standards. With development of the site, a 35-foot wide street buffer will be required along E. Franklin Rd., an arterial street and entryway corridor, landscaped per the standards listed in UDC 11-3B-7C;parking lot landscaping will be required per the standards listed in UDC 11-3B-8C; a 25-foot wide buffer to adjoining residential uses will be required,landscaped per the standards listed in UDC 11-3B-9C; and sidewalk is required to be installed along Franklin Rd. in the areas where the existing driveways are located in accord with UDC 11-3A-17. Conceptual building elevation photo examples were submitted,included in Section VIII.C,that demonstrate what future buildings constructed on the site may look like. Final design is required to comply with the design standards in the City's Architectural Standards Manual. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-651 IA. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. VII, DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard this item on January 19,2023. At the public hearing,the Commission moved to recommend approval of the subject AZ request. 1. Summary of Commission public hearing_ a. In favor: Tamara Thompson,The Land Group(Applicant's Representative) b. In opposition:None C. Commenting: Kent Brown,Amanda Taylor, and Brenda&Eric Royer d. Written testimony: Tamara Thompson,The Land Group (in agreement with staff report) e. Staff presenting application: Bill Parsons f. Other Staff commenting on the application: None 2. Key issue(s) public testimony Page 6 a. Noise associated with trash pick-wand the relocation of the trash enclosure from the southeast corner of the site. b. Fencing and landscaping adjacent to the existing Cogpiy residences. 3. Key issue(s)of discussion by Commission: a. Continue to work with the County residents on landscapin , fencing,encing, and relocation of the trash eclosure to a more appropriate location. 4. Commission change(s)to Staff recommendation: a. Commission added a DA provision restricting the height of the southern buildingto o 35 feet. b. Commission added a DA provison requiring the southeastern trash enclosure to be moved away from the County residences to a more central location on the site. 5. Outstanding issue(s) for City Council: a. None Page 7 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map LEGAL DESCRIPTION = ' a THE ■� � Page 1 OF 1 LAND �NE GROUP November 12,2022 Project No.:121152 EXHIBIT"A" 2975 E.FRANKLIN ROAD ANNEXATION-REZONE DESCRIPTION A parcel of land located in the Northeast Quarter of Section 17,Township 3 North,Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: Commencing atthe Northeast Corner of Section 17 of said Township 3 North,Range 1 East,(from which point the North Quarter Corner of said Section 17 bears North 89'54'33"West,2570.99 feet distant); Thence from said Northeast Corner,North 89'54'33"West,a distance of 677.51 feet on the north line of said Section 17 to the POINT OF BEGINNING; Thence South 00`05'27"West,a distance of 40.00 feet to a point on the southerly right of way line of East Franklin Road; Thence South 68'41'13"East,a distance of 85.95 feet to a paint common with the westerly boundary line of that parcel shown on Record of Survey No.3979 of Ada County Records; Thence South 38"51'31"East,a distance of 70.59 feet on said westerly boundary line to the north most corner of Lot 6,Block 1 of Greenhill Estates No.3,as same is shown on the Plat thereof recorded in Book 43 of Plats at Page 3487 of Ada County Records; Thence on the northerly boundary line of said Greenhill Estates No.3 for the following courses and distances: Thence South 48'08'56"West,a distance of 75.70 feet; Thence South 00'06'01"West,a distance of 246.20 feet; Thence North 89"53'58"West,a distance of 260.00 feet; Thence North 87'41'30"West,a distance of 0.79 feet to the southeast corner of that parcel described in Warranty Deed Instrument No.799015 of Ada County Records; Thence North 00°03'06"East,a distance of 382.73 feet on the east boundary line of said Warranty Deed parcel to a point an the southerly right of way line of East Franklin Road; Thence North 00'02'02"East,a distance of 40.00 feet to a point on the north line of said Section 17; Thence South 89°54'33"East,a distance of 192.95 feet on the north line of said Section 17 to the POINT OF BEGINNING. The above described parcel contains 2.53 acres more or less. PREPARED BY: aL 4 S� The Land Group,Inc. 96 7B84 : 11-12-2022 James R.Washburn 4f. �rE of R_Vik 462 East Shore Drive.Suite 100.Eagle.Idaho 53518 208.938.4041 Ihelandgroupinc.corn Page 8 NORTH QUARTER CORNER NORTH EAST CORNER SECTION 17 SECTION 17 T-3N.,R-1 E. T-3N-,R-1 E- CP&F INSTR.NO-104161994 E FRANKLIN ROAD CPBF INSTR-NO-2020-052068 (BASIS OF BEARING) S.$ N89°54'33'Mf 2570-99' _ { S-8 S-9 114 5.17 1700-53' 589°54'33"E 192.95' 677-51' �f S_17 S.16 4 Iw � I 2975 E FRANKLIN ROAD AREA: *2.53 AGRES (110,022 SO-FT-) ni m I CID w Line Table I� I LINE BEARING LENGTHI a co L1 SX'a27'W 40.W L2 S68'41'12'E 85.%, 0 I L1 538S1'31'E I0.S4' � 0 I L4 S48°UJl &W rs.ra' al cn LS 'J00"02'02-E AIM' N871411301,w 0.79' N89"5359% 260-00' L LAArb Tjl r ' 127880 2 2022 a S p 1"f OF 4 t Exhibit "B,. o BO' MY Horizontal Scalc:1"= 80' Frojed No.:121152 st Dale of lssumm:1 V 112M Ft b b = ;THE 2975 E Franklin Read LAND Annexation Description =GROUP City of Meridian Page 9 B. Conceptual Development Plan Sheet Notes: C THE BLAND .GROUP —_=--_-- a=_=== - - �� — •.�17 � oros5E9 XF155 1 x ---- `� `�`, !�� . •.` \ micnt�o ro cusuxc neM \ \ 5955r115 CL Keynotes: Y •C. La R hn d so 12 fief 51 \ / I Overall Site Plan C2.00 Page 10 BuildingC. _i _ Page 11 � TNS A • i.. - v k r r S Page IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the conceptual development plan included in Section VIII.B and the provisions contained herein. b. A cross-access/ingress-egress easement shall be recorded granting access to the property to the west(Parcel#S1117110550) across the subject property for interconnectivity and access via E. Franklin Rd.A copy of the recorded access easement shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy on the site. c. The design of all future structures on the site shall comply with the design standards in the City's Architectural Standards Manual. d. The southern building shall not exceed 35 feet in height. e. The southeastern trash enclosure shall be located away from the County residences to a more central location on the site. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Ensure no sewer services cross infiltration trenches. 1.2 Two buildings cannot run off the same sewer service line. 1.3 Cleanout must be replaced with manhole when transitioning from sewer main to service line. 1.4 Ensure manhole is not in curb or gutter. 1.5 Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles,etc.) are built within the utility easement. 1.6 Provide 10'separation between fire hydrant and sewer main. 1.7 Fire hydrant is required at end of the water main dead end. If it works with fire requirements you can move the proposed hydrant at the front of the site. If not add an additional hydrant. 1.8 Existing well to be used for irrigation must not have any cross connection with potable water. 1.9 Water main, fire hydrant, and water service require a 20 easement. Extend easement 10 beyond the end of the main, fire hydrant, and water meter. 1.10 A streetlight will be required along Franklin Rd. Page 13 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Page 14 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.15 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.17 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.18 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http:#Www.meridiancity.oMlpublic_works.aspx?id=272. 2.19 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.20 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/Doc View.asp x?id=285103&dbid=0&repo=Meridian City D. DEPARTMENT OF ENVIRONMENTAL QUALITY https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=285758&dbid=0&repo=MeridianCiU E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.m eridia n c i ty.org/WeUink/Doc View.aspx?id=2 8 5 92 4&db id=0&rep o=Meridia n City F. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=285789&dbid=0&repo=MeridianCiU Page 15 X. FINDINGS Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds the Applicant's request to annex the subjectproperty with a C-C zoning district and develop the site with commercial uses is consistent with the Commercial FLUM designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the proposed map amendment to C-C and development generally complies with the purpose statement of the commercial districts in that it will provide for the retail and service needs of the community in accordance with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The Commission finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed commerial uses should be compatible with adjacent single-family residential and commercial/office uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Commission finds City services are available to be provided to this development. Because commercial uses are proposed, there shouldn't be any adverse impact on the school district. 5. The annexation(as applicable)is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the city. Page 16 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll Franklin Annexation February 21, 2023City Council 2975 E Franklin Road Vicinity Map Concept Plan THANK YOU