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HomeMy WebLinkAbout2023-07-18 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, July 18, 2023 at 6:00 PM Minutes PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 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 active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide follow-up assistance regarding the matter. PROCLAMATIONS \[Action Item\] 1. Proclamation for the Owyhee High School Softball State Champion Day ACTION ITEMS Public Hearing process: Land use development applications begin with presentation of the project and analysis of the application by Planning Staff. The applicant is then allowed up to 15 minutes to present their project. Members of the public are then allowed up to 3 minutes each to address City Council regarding the application. Citizens acting as a representative of a Homeowner’s Association may be allowed up to 10 minutes to speak on behalf of represented homeowners who have consented to yielding their time. The public may sign up in advance at www.meridiancity.org/forum. After all public testimony, the applicant is allowed up to 10 minutes to respond to questions and comments. City Council members may ask questions throughout the public hearing process. The public hearing is then closed, and no further public comment is heard. City Council may move to continue the application to a future meeting or approve or deny the application. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items unless to break a tie vote. 2. Approval of the Fiscal Year 2023 Amended Revenues and Expenditures in the Amount of $217,401,857 Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 3. Tentative Approval of Fiscal Year 2024 Proposed Revenues and Expenditures in the Amount of $233,617,300 Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 4. Approval to Reserve All Foregone Revenue Associated to the Fiscal Year 2024 Budget in the Amount of $635,085 in Order to Utilize that Amount in Subsequent Years Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener Voting Nay: Councilwoman Strader 5. Public Hearing for Lavender Heights No. 2 (H-2023-0028) by Clint Hansen, located at 6256 S. Mechta Ave. Approved A. Request: Vacation to vacate a portion of the 5-foot wide public utilities, pressure irrigation and lot drainage easement on Lot 11, Block 9, Lavender Heights Subdivision No. 2. Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener Voting Nay: Councilwoman Strader 6. Public Hearing for Linder Village (H-2023-0005), by CSHQA, located at Southeast corner of N. Linder Rd. and W. Chinden Blvd. Continued from 6-27 Continued to October 3, 2023 A. Request: Development Agreement Modification to the existing Development Agreement (Inst. #2019-028376 & #2021-102392) to update the conceptual development and use area plans to amend some of the building footprints, vehicular/pedestrian site circulation and parking; and include multi-family residential as a future use. Motion to continue made by Councilman Borton, Seconded by Councilwoman Strader Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener EXECUTIVE SESSION 7. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Motion to adjourn into Executive Session made by Councilman Hoaglun, Seconded by Councilman Borton Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener, Councilwoman Strader Executive Session Into 7:15 pm Out 9:05 pm ADJOURNMENT 9:05 pm Meridian City Council July 18, 2023. A Meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, July 18, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. Also present: Joy Hall, Bill Nary, Linda Ritter, Jamie Leslie, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault _X—Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is July 18th, 2023, at 6:05 p.m. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item up is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Tonight's invocation will be delivered by Daryl Zachman. If you all would, please, join us in the community invocation or take this as a moment of silence and reflection. Zachman: Yes. Mayor Simison and City Council Members, I'm humbled and honored to be able to present the invocation today. We read in Psalm 121. I lift up my eyes to the hills. From where does my help come? My help comes from the Lord who made heaven and earth. He will not let your foot be moved. He who keeps you will not slumber. Behold, he who keeps Israel will never slumber nor sleep. Would you join me in prayer. Heavenly Father, we look to you as our constant source of help at all times. May everything discussed tonight and every decision made be overseen by you, the Sovereign Lord. Grant grace to our Mayor and City Council Members to make wise and righteous decisions, as those who will give an account to you. Thank you for blessing those who seek you and establishing their ways. Bless our city with your presence, Meridian City Council July 18,2023 Page 2 of 28 peace, and prosperity. Deliver us from evil people and make this a safe place for all our residents. We ask these things in the name of our Lord Jesus Christ, amen. ADOPTION OF AGENDA Simison: Thank you. Madam Clerk, anyone signed up under future meeting topics? Hall: There is not, Mr. Mayor. Simison: Okay. So, with that -- oh, I'm sorry. Hoaglun: Mr. Mayor? Simison: I forgot to do something again. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move the adoption of the agenda as published. Borton: Second. Simison: Have a motion and a second to adopt the agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? And the agenda -- ayes have it and the agenda is adopted. MOTION CARRIED: ALL AYES. PUBLIC FORUM — Future Meeting Topics Simison: There is no one signed up under the public forum future meeting topics. PROCLAMATIONS [Action Item] 1. Proclamation for the Owyhee High School Softball State Champion Day Simison: So, with that we will move under Department/Commission Reports. The first item up is a proclamation with the Owyhee High School Softball State Champions Day. If I could have Coach Martin and the team join me at the podium, I would appreciate it. We want to put you behind the podium, because you will get an opportunity to speak into it, so it will just make it easier to do that. It will be easy. Don't worry. Don't worry, No worries. Council, we are here once again to celebrate an Owyhee High School state champion. This -- this is becoming a regular occurrence here at the City of Meridian and as I like to remind the mayor of Star, it is in the City of Meridian. Although I'm sure Meridian City Council July 18,2023 Page 3 of 28 maybe some of you fine people might live in another city, but we appreciate you representing the City of Meridian and the athletic accomplishments that you all have. So, we are going to do a proclamation and, then, Coach, allow you to say some words and, then, have every member go by and at least just say their name, position and year in school. Pretty simple from that standpoint. But we really appreciate you being here. So, with that: Whereas being an Owyhee High School's softball player is more than making -- making pitching, fielding, hitting and achieving state titles. It is training to build leadership, character, confidence, teamwork and resilience, all traits needed to succeed on the field, in the classroom and in the real world and whereas the hard work and dedication of the Owyhee softball team and coaches resulted in The Storm claiming the first softball state title in the school's history and whereas The Storm completed the regular season with a record of nine and three in conference and 24 overall had 85 home runs on the season as a team and while The Storm softball team finished the season with a 26 and five record, went on to their first Idaho 5A baseball state title by taking the 13 to three win in the championship game to bring the trophy home to Meridian and whereas the leadership, training, discipline of their coaches helped all team members to focus their talents, passion and determination to become a winning team, each player making valuable contributions to their victory. Therefore, I, Mayor Robert E. Simison, hereby proclaim July 18th, 2023, as Owyhee High School Softball State Champions Days in the City of Meridian and call upon the community to join me in congratulating the Owyhee High Storm on their remarkable athletic achievement and representing Meridian so proudly in the state tournament, dated this 18th of July 2023. So, on behalf of the city congratulations on this accomplishment and with that I will turn it over to the coach. Martin: Thank you so much. I'm head coach Tess Martin. I just want to say on behalf of the entire Owyhee softball, thank you for the community support. Couldn't have done it without everybody, our administrators, teams, parents, everybody. We just had a tremendous amount of support. So, without further ado, I will introduce my assistant coach Jordynne Ketchum. Ketchum: She did my job for me. Jordynne Ketchum. Varsity assistant. Rice: My name is Alexa Rice and I just graduated this year and I'm an outfielder and I'm going to play at Treasure Valley Community College. Hatzenbeller: My name is Martha Hatzenbeller. I'm a left fielder and pitcher and I will be a senior and I play Owyhee High School. Schab: I'm McKenna Schab. I will be a junior and I play Owyhee High School also and I'm a catcher-outfielder. Haith: My name is Rylie Haith and I'm a center fielder and I'm committed to Utah Tech and I will be a senior. Meridian City Council July 18,2023 Page 4 of 28 Malliarodakis: My name is SoBella and I go to Owyhee High School and I'm going to be a junior. Watts: My name is Kina Watts and I'm a shortstop and pitcher and I'm going to be a senior. Schneidt: I'm Brooklyn Schneidt. I'm an infielder and I just graduated and I'm going to Western Oregon University. Brooks: I'm Grace Brooks. I'm a pitcher. And I will be a junior. Fazzio: My name is Isabella Fazio. I'm an outfielder and I will be a junior. Buckingham: My name is Molly Buckingham. I'm a first baseman and I will be a senior. Brooks: I'm Bailey Brooks. I'm a first baseman. I just graduated. Bryant: I'm Alaina Bryant. I'm a catcher, third base, and I'm going to be a junior. Townsend: I'm Kendall Townsend. I'm a pitcher and I'm going to be a senior. Cavener: Maybe, Mr. Mayor, as you are coming back up it's a -- it's a good reminder for the Council. Sometimes the city plays the Chamber of Commerce in an annual softball game and so, Mayor, maybe it's appropriate to open up your office for 20 or 30 internships in preparation for the next time we play them. ACTION ITEMS 2. Approval of the Fiscal Year 2023 Amended Revenues and Expenditures in the Amount of$217,401,857 Simison: Great advice. All right. With that we will move on to Item 2. This is a hearing this evening, which is approval of the fiscal year 2003 amended revenues and expenditures in the amount of 217,401,857 dollars. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yes, we do need to take action on this -- on these next three items for our budget for current year and upcoming fiscal year and foregone. So, for Item No. 2, 1 would move that we approve the amended revenues and expenditures for fiscal year 2023 in the amount of 217,401,857 dollars. Borton: Second. Meridian City Council July 18,2023 Page 5 of 28 Simison: Okay. I have a motion and a second. Do I have discussion? If not, Mr. Nary, do we need roll call? Nary: Mr. Mayor, I think this is just to publish; is that correct? So, yeah, a voice is fine. This is just to publish that number to the public. Simison: Okay. All in favor signify by saying aye. Opposed nay? The ayes have it and Item 2 is agree to. MOTION CARRIED: ALL AYES. 3. Tentative Approval of Fiscal Year 2024 Proposed Revenues and Expenditures in the Amount of $233,617,300 Simison: Next item up is Item 3, which is tentative approval of fiscal year 2024 proposed revenues expenditures in the amount of 233,617,300. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that Council approve the proposed revenue and expenditures -- let me start that again. They have a different word in here. This is a tentative approval. So, Mr. Mayor, I move that Council move to tentatively approve the proposed revenues and expenditures for fiscal year 2024 in the amount of 233,617,300 dollars. Borton: Second. Simison: Have a motion and a second. Is there discussion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Do we have a proposed date for the public hearings on the budget that we want to include within this motion? Simison: August 15th is the proposed. Cavener: Thank you, Mr. Mayor. Thanks, Jenny. Simison: Is there further discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and Item 3 is agreed to. MOTION CARRIED: ALL AYES. Meridian City Council July 18,2023 Page 6 of 28 4. Approval to Reserve All Foregone Revenue Associated to the Fiscal Year 2024 Budget in the Amount of $635,085 in Order to Utilize that Amount in Subsequent Years Simison: Next up is Item 4, which is approval to reserve all foregone revenue associated to the fiscal year 2024 budget in the amount of 635,085 dollars in order to utilize that amount in subsequent years. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that Council elect to reserve all foregone revenue associated to the FY-2024 budget in order to utilize an amount in subsequent years in the amount of 635,085 dollars. Hoaglun: Second. Simison: I have a motion and a second. Do we have discussion? If not, all in favor signify by saying aye. Opposed nay? Cavener: No. Strader: Nay. Simison: Would -- did the votes -- does the approved stand okay with Council or would you like it to be recorded separately? I have verbal four to two, but does that work for Council? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Mayor, I would like my opposition recorded, please. Simison: Okay. If the clerk would call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, nay; Perreault, yea; Strader, nay; Overton, yea. Simison: Four ayes. Two nays. And the item is agreed to. MOTION CARRIED: FOUR AYES. TWO NAYS. 5. Public Hearing for Lavender Heights No. 2 (H-2023-0028) by Clint Hansen, located at 6256 S. Mechta Ave. Meridian City Council July 18,2023 Page 7 of 28 A. Request: Vacation to vacate a portion of the 5-foot wide public utilities, pressure irrigation and lot drainage easement on Lot 11, Block 9, Lavender Heights Subdivision No. 2. Simison: Next up is Item 5, which is a public hearing for Lavender Heights No. 2, H- 2023-0028. We will open this public hearing with staff comments. Are we ready? Ritter: Yes. Simison: All right. Ritter: Good evening, Mayor and Council. I'm Linda Ritter with the Planning Department. Tonight we have here a request for a vacation. The property is located at 6256 South Mechta Avenue and it's in the R-4 zoning district. The request is for a vacation of a portion of the 1.2 feet of a five foot wide public utility drainage and irrigation easement along the northern border -- boundary of Lot 11, Block 9, of Lavender Heights Subdivision No. 2. A property boundary adjustment PBA-2022-0027 was approved that shifted the northerly property line 1 .2 feet to the north to account for the existing home that was inadvertently constructed within the easement area and the required five foot wide side yard setback. Relinquish -- relinquishment letters have been submitted from all the impacted utility companies consenting to the partial vacation of easement as proposed. Letters were received from Boise Project Board of Control, New York Irrigation District, CTC Telecom, Idaho Power, Intermountain Gas Company and Sparklight. Staff is, therefore, recommending approval for this vacation and at this time I will stand for any questions. Simison: Thank you. Council, any questions for staff? Okay. Is the applicant here? Hall: Mr. Mayor, they have not signed up online. Simison: Let's see who -- we do have several people online. If there is anybody online who is -- who is the applicant for this item, if you can use the raise your hand function. All right. No one is raising their hand. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: If the applicant isn't here I do have a question for staff. Do you happen to know how this came to be, if there was just an error on the construction company's part to build the stem wall over the property or -- this obviously is a little concerning that this may not be the only property either in that development or in -- where -- you know, where we have an issue with this, but I just would -- the narrative didn't give background on how this came to happen and it sounds like it's currently under construction. So, I really would like to -- to know more history on it before I -- I agree or don't agree. Meridian City Council July 18,2023 Page 8 of 28 Ritter: Council Woman, I -- well, as far as I know the house is already constructed, so it's already built and so they did a boundary line -- a property boundary adjustment to correct the issue, but they still had to go through the vacation process. I can't assume what happened. This occurred before I started my tenure here at the city. If I had to guess it was probably project management on the site at the time that the footings were put in or whatever. So, I can't lay blame to any person. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I'm -- I'm comfortable with moving forward with this. These are -- these do happen from time to time. There is no impact that will occur in terms of -- we have got the letters from everybody, everybody has been notified, so the easements are still protected. It's just an adjustment to -- to make this move forward. So, unless Council has heartburn over -- over moving forward without hearing from the applicant and even if that question were answered, there is nothing that we can do to change that. So, that's -- you know, we can still get an answer from them. If, Linda, you want to follow up with them, but I'm good with making that motion if Council agrees. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I don't know whether the property has been sold to a homeowner. I feel terrible if that's already happened for that homeowner's sake and I am -- so, in that regard I -- definitely this is necessary and my concern, however, is that I don't know if people are paying enough attention that this would set a precedent or not, but it is a little concerning to me that there may be an impression that accuracy doesn't need to be present if vacations are acquired easily enough. So, I don't know, maybe I'm reading too much into it. I don't want to disadvantage the property owner by any means, because this is really important for them to legally be in the correct boundary on their map. But at the same time also have a lot of concerns about kind of what this means. So, to your question, Councilman -- or Council President Hoaglun, I'm happy to go ahead and vote on it, but I wouldn't -- I would appreciate if staff could do a little more research for us, since the applicant is not here. Ritter: Absolutely. I will. I will find out the information and respond. Perreault: Thank you. I appreciate that. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council July 18,2023 Page 9 of 28 Strader: Just a comment for applicants -- and this applicant in the future. It's poor form not to appear before City Council when you make a request and I think even for something that's, you know, a straightforward decision I think it shows a lack of diligence and I would encourage future applicants to appear before us. I think it's important and I just wouldn't like to see this happen on a regular basis. Simison: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Everybody makes mistakes. This is an applicant that we see on a fairly regular basis. That is not their brand necessarily to miss something like this. So, my -- I'm going to chalk it up to a -- a fluke accident. But I agree with Council Member Strader, this is not a -- I think this is the very first time I have supported maybe a potential motion for approval where the applicant hasn't been present and I don't anticipate that this is going to be the status quo moving forward. But I also want to give the applicant, who has done a lot of work in our community, has a pretty good track record, the benefit of doubt. It is probably just a miscommunication or a scheduling mistake. Simison: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we close -- Simison: It is a public hearing. I was at least going to ask for -- if we have any public that would like to provide testimony on this. Do we have anyone signed up on this item? Hall: We do not, Mr. Mayor. Simison: Okay. Is there anybody present who would like to provide testimony on this item, either in the audience or online? Seeing no one raising their hand online or anyone coming forward and the applicant is not here for any final comments -- Councilman Hoaglun. Hoaglun: Mr. Mayor. I know staff will get -- their first one is more fun than anticipated, but I move that we close the public hearing for Lavender Heights No. 2 H-2023-0028. Borton: Second. Meridian City Council July 18,2023 Page 10 of 28 Simison: I have a motion and a second to approve Item 5. Is there any discussion? Oh, I'm sorry. I have a motion to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: ALL AYES. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: After considering all staff and -- after considering all staff testimony and Council discussion, I'm going to approve File No. H-2023-0028 as presented in the staff report for the hearing date of July 10th, 2023. Borton: Second. Simison: I have a motion and a second to approve Item 5, which is H-2023-0028. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, nay; Overton, yea. Simison: Five ayes, one no and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE NAY. 6. Public Hearing for Linder Village (H-2023-0005), by CSHQA, located at Southeast corner of N. Linder Rd. and W. Chinden Blvd. A. Request: Development Agreement Modification to the existing Development Agreement (Inst. #2019-028376 & #2021-102392) to update the conceptual development and use area plans to amend some of the building footprints, vehicular/pedestrian site circulation and parking; and include multi-family residential as a future use. Simison: Next item is a public hearing for Linder Village, H-2023-0005. Open this public hearing for staff comments. Allen: Good evening, Mr. Mayor, Members of the Council. Sonya Allen, Planning Division, presenting tonight. The applicant for this project is requesting continuance to August 22nd in order to reevaluate the development plan for Lots 12 and 13 due to economic factors. I believe the applicant is online tonight to respond to any questions you may have on the request. Thank you. Meridian City Council July 18,2023 Page 11 of 28 Simison: Thank you. Council, any questions for staff? Okay. Do you have any questions -- would you like to hear from the applicant? And if you hear from the applicant are you going to want to hear from others who are here present? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Absolutely. I would like to hear from the applicant, particularly regarding what economic factors have caused them to request a continuance and I would also encourage us to open the public hearing to members of the public that are present in light of the fact that this is the second continuance on this application. Simison: Okay. Then with that would -- is the applicant here to -- would they like to provide testifying? Allen: The applicant is online, Mr. Mayor. Simison: Yes, they are raising their hand. Brozo: Good afternoon, Mayor and Members of Council. My name is Mandie Brozo representing CSHQA Architects. Online I have Michael Salvin, who will speak to the continuance. Simison: Okay. Hall: Michael Salvin, can you unmute yourself? Salvin: I have unmuted. Can everybody hear me? Simison: Yes, we can. Just speak loudly, please. Salvin: Okay. Let me try to get close to the microphone. And I do apologize for the -- I would say the late notice and to expand more on our reasoning for a continuance is that -- as anybody can, you know, hopefully appreciate is -- you know, we went through a pandemic. Cost of capital doubled. Interest in a couple of real estate uses we are looking at has -- I would say subsided. We were planning on working with a joint venture partner on Lots 11 and 12 -- or, sorry, 12 and 13 and so in the last round we were almost having a new site plan together. I feel we are close to having a site plan together. That combined with the fact of -- you know, some of the comments that came in in the form of letters in anticipation of this application we also realized that the site plan that was communicated at the neighborhood meeting is misleading and so we feel that it -- what we are working on is -- is, hopefully, going to be better received by the community and so for those reasons -- it was a really tough decision for us, because here is a bit of background. We were trying to tackle multiple factors with this development agreement modification. One is that we -- we have moved quite a bit -- Meridian City Council July 18,2023 Page 12 of 28 not really moved -- we added more pedestrian pathways and so what that allows us to do is build buildings that have been planned for over a year. I know it's part of this application called the collection of the barn. In respect of your time and planning staff's time, we have tried to combine different factors in this development agreement modification, including, you know, our new plans for 2013, which are always considered to be phase two, which we were always supposed to go back to Council to get your blessing on and so as much as you can like to bifurcate the issues, we would love to get started on the barn and the collection. We don't want to have this hearing and have to reapply for a new hearing, since we are so close to having something to present for Lots 12 and 13. So, I do apologize for the delayed nature of this, but we also don't want to waste your time with the wrong plan, just to come back again to re-apply for a new plan. Simison: Thank you. Council, questions for the applicant? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a follow-up question. I mean could you explain further the specific timing, you know, requesting this a half an hour before the public hearing is to me highly inappropriate. I just -- I want to understand, you know, did -- did your joint venture partner drop out today or, you know, what exactly, you know, kind of caused the urgency? And just a comment. I would encourage you to withdraw the application, frankly. I think that it's unfair to members of the public to expect them to appear to a third public hearing that's been scheduled on this kind of notice in the middle of the summer in light of the amount of changes that you have requested. I think it would be more appropriate for you to withdraw the application, get your financing together and get your equity together, get a site plan that's comprehensive and come back in six months. That's just me. But I -- and I'm known for being very frank. But that -- that was what I would urge you to do. Salvin: Yes. To answer your question, there was a pretty last minute circumstance -- really I would say out of respect of a partner, not wanting to mislead us or the city -- and they put us with a site plan that we ultimately wouldn't execute on. One thing I would like to comment on in this light is that, you know, for the modification it really is modifying just two documents -- or two plans. Or one's a circulation plan, one is a use map and I feel what's also been misconstrued is that, you know, with a lot of letters that we are seeing there is pushback, which would be more of the nature of an application for a CUP and not necessarily for updating a circulation plan, as well as it -- Nary: Mr. Slavin, would you stop. Slavin: Yes. Nary: Mr. Mayor, you are really messing up -- or he is really messing up the record. See, now he's also testifying about the project. You have to confine this to just the Meridian City Council July 18,2023 Page 13 of 28 continuance is fine. But if you are going to hear the project, then, you have to hear the whole thing and so, Mr. Salvin, I -- you can't talk about the project. Simison: And I thought that we were talking about the project, which is why we were going to take public testimony -- or is the public testimony only going to be allowed related to the continuance? Nary: Well, the problem, Mr. Mayor, from the court's perspective, if appealed, and you have partial public testimony tonight and, then, a different presentation in a month, you are going to have a very muddy record for a district judge to try to figure out on what the decision was based on and when did -- was it made. Whatever they want to present they need to present it and, then, have the public comment. I recognize what Council Member Strader said is just true. It's not very fair. And there are other ways to do that. You can re-notice and other things. But I get that part of it. I'm more concerned with the record moving forward. So, either you confine to the continuance and either continue it or not or have the presentation and go forward. So, I don't think we can split it both ways. Allen: Mr. Mayor? Simison: Yes, Sonya. Allen: If I may. While you may want to hear public testimony tonight, I would caution you that I'm afraid a lot of the testimony you may hear tonight may be immaterial in the future due to changes to the plan that are anticipated to be requested by the applicant. Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Continuance is the discussion and there is changes that are pretty sizable and the public needs time to review and prepare and be able to attend and participate meaningful. Why wouldn't we continue it to sometime between Halloween and St. Patrick's Day, as opposed to August? Any reason not to put this in the winter? Slavin: Is it still open forum? Simison: I'm sorry? Borton: Let's get staff's comment on that. Allen: Mr. Mayor, Members of the Council, that's certainly under your purview to do so. I -- if -- if we go that route the project will definitely need to be re-noticed. I kind of hate to personally leave the application laying out there in limbo land for that many -- for that long. However, I think the applicant does need to firm up the development plan for this Meridian City Council July 18,2023 Page 14 of 28 site before we go forward. They seem to think that that's adequate time to do so by the 22nd of August. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: The challenge -- and I understand that. The challenge I think for the decision makers and the public is it might not be enough time for those two pieces of the puzzle. And staff as well. So, I think that's some of the concern you are hearing that -- I don't know why August 22nd. It seems extremely fast in light of the changes that might be coming and in light of the concerns rightfully expressed about public participation and input that needs to be meaningful if it's going to happen in my opinion. So, the greater period of time for the applicant very well might help the applicant utilize that time, communicate well with the public, share the information, get buy-in. It might be a more clear path to a chance of success by going slower. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: And maybe just even to -- to dovetail on Council Member Borton's comments. I mean this is a -- part of our community where the neighbors have been really invested and really involved in how their part of Meridian looks and so maybe even if we are going to continue this out a certain point in time to give the applicant another time -- another bite of the apple with maybe a neighborhood meeting to meet with the residents, talk about what they are wanting to achieve, it sounds like from the applicant's standpoint that they feel there is maybe some misunderstanding about what they are wanting to do versus what the neighbors have perceived. Well, a neighborhood meeting where they can speak candidly with each other may be beneficial and may also warrant a little bit that longer time for a continuance, then, to the middle of August. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question, Sonya. Is it -- the material -- if we were to continue to August 22nd is the 16th the earliest that the information will be published for residents to look over that plan? Allen: Mr. Mayor, Members of the Council, Sonya Allen. My updated staff report would be due to the clerk on August 15. However, any updated application information would need to be submitted at least 15 days prior to that hearing date. I did look at the notice that went out for this project. I don't believe that it will require a re-notice for what the applicant's plan to propose in changes. Meridian City Council July 18,2023 Page 15 of 28 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: For whatever we decide to continue this to, I mean that's the -- that's going to be the timeline. You know, is -- is -- when -- when that comes out. We could ask the applicant if they would be willing to -- to publish that sooner, as opposed to later and especially if we move it to say a September date to have that at least two weeks in advance for the public to give people more time to take a look at that and submit comment. Mr. Salvin, what -- what would you be willing to do on that sort of thing? Thank you so much, Council. We -- we are prepared to move quickly. And, again, all this is happening in real time. So, I would like to suggest two things if you would like to entertain it. In one sense we would be in a position to notice quickly and set up the neighborhood meeting and -- as long as the neighborhood could meet, you know, prior to August 27th -- sorry. 22nd. We would love to keep that date. I feel that we are prepared to do that. In another sense if that's untenable, it would -- we would really be working closely with -- with planning staff in trying to, you know, create less burden for all involved. We do have a large portion of the project which is associated with -- with phase one that has been contemplated. It's pre-released. We have, you know, great businesses -- a lot of local businesses that want to be a part of this development and we have tried to combine these two applications to make it more efficient for everybody and so my second suggestion is we could bifurcate the application and come back for 11 and 12 at a later time. That would be the new portion of what we have referred to as phase two and it's referred to in the development agreement as phase two. But we would hate to do -- well, the collection and barn as it's called out in the application, you know, we are so close to being done we would love to go build those. Hoaglun: So, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: What I understand is that the applicant would be willing to meet with the neighbors prior to the selected date. Does that raise the comfort level for those who discussed that? Let them know plans in advance. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would be supportive of continuing the application to like November 14th or later. I think that would give everyone a breather from this that's been having multiple meetings. I think we could require the applicant to re-notice it. Meet with the neighbors again. I just -- at this point I feel like we are encouraging bad behavior with an additional continuance. We could talk about bifurcating the application. I'm open to talking about that, because I think it would make it a little easier for people to get their Meridian City Council July 18,2023 Page 16 of 28 arms around it. But I don't think that the next discussion should take place in August. I just don't think it's reasonable at this point. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm trying to guess -- maybe look at this from a resident standpoint. This is the -- you had -- you had a hearing set, there were some noticing challenges if I'm not mistaken to be continued, so family, who is in that area plans, they want to come, they want to testify, okay, it gets rescheduled. There is a logistical hiccup. I can -- I can understand that. And, then, again, circumstances beyond the applicant's control, but a last minute hearing again -- summer vacation, families are planning, need to ask them to come back again a month later is a little early. I don't know if November is the right time. It seems a little far out. But I'm also not quite sure that an August timeline is fair to residents. So, I know that's probably talking a little bit out of both sides of my mouth. I just -- I think that -- that August is too soon, but maybe November might be too late. Just my thoughts. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: So, how about trying to accommodate the public and the applicant, why don't we discuss a continuance to the first Tuesday in October. The applicant is willing and able to provide the analysis and complete staff. If -- if the representation is it could happen in August, then, let's strongly encourage it to be done by the end of August and made available to the public and staff. The public hearing being the first Tuesday in October, that affords a 30 day window. Have it re-noticed for that first Tuesday in October. That invites certainly fair vetting not only for our staff, but for the public to participate and it is a little sooner than November, but I agree with the summer concerns that Council Members have expressed, too. So, perhaps that's a middle ground that -- a path to a new hearing. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: To Councilman Borton's point, October 3rd is -- is available for scheduling that. Allen: Mr. Mayor? Simison: Yes, Sonya. Meridian City Council July 18,2023 Page 17 of 28 Allen: Excuse me. Sonya Allen. Planning. Council, please, if that's your direction, include in your motion if you want the applicant to pay renotice fees on this for the city's noticing costs. Thank you. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: So, if the Council wants a specific time when the applicant needs to have it fully submitted -- I heard you say end of August, but if you would put a hard date as to your expect -- expectation is that way everybody -- if the applicant wants to be heard on October 3rd it will all be submitted by a certain date. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Can we do that by motion if our code allows a later submittal? If the hearing date is the first Tuesday of October, they normally can still submit after. We can encourage it. That's kind of what I was thinking is it's in everyone's best interest to have everything in by the end of August. Nary: I think you are probably right, Mr. Borton. I was probably being a little too -- too precise to try and do that. I think you are correct. Borton: I would hope -- it sounds like the applicant can certainly comply -- if we could have been ready for an August 22nd, shouldn't be any issue being fully submitted by the end of August and we will be all ready to roll that October 3rd date, so -- Mr. Mayor? Simison: Councilman Borton. Borton: As to H-2023-0005, I move that we grant a continuance of this application to October 3rd, 2023, and that the applicant re-notice this application and that the applicant is strongly encouraged to submit the complete application and any necessary revisions to staff by the end of August 2023 and the applicant has to pay for the re- noticing fee. Perreault: Second. Simison: I have a motion and a second. Before we get into discussion, does Council want to hear from any of the public on the continuance issue before we move forward? Okay. So, shall we withdraw the -- the motion at this time? Cavener: There wasn't a second. Seal: There was a second. Yeah. Meridian City Council July 18,2023 Page 18 of 28 Strader: Second withdraws for second. Simison: Okay. So, we will -- is there anybody in the public that would like to be heard on the continuance request? If you would like to come forward. And if you are online and would like to be heard, please, use the raise your user -- raise your hand for the Zoom. So, if you can state your name and address for the record. Eastman: My name is David Eastman. I live at 1192 West Bacall Street, Meridian, Idaho. I think it would be entirely appropriate to reschedule the continuance request for the next city council meeting. There was a numerous group of people -- or a group of numerous people here and the city clerk sent them all home, letting them know that they would not be able to speak on this issue and so they all left. So, they have been basically -- any right that they had or any opportunity they had to give public testimony on this issue on the continuance has been forfeited. So, I think it would be entirely appropriate to schedule the request -- or the motion for the continuance for the next meeting where people would have that opportunity. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: As counsel plan -- or legal counsel pointed out, the only argument they can make is whether or not to continue or not. Eastman: Exactly. Hoaglun: They cannot speak to the issue. Eastman: Exactly. Hoaglun: So, they -- Eastman: They were told that they would not be up to give any public testimony -- Hoaglun: Correct. Eastman: -- whatsoever on this. Hoaglun: Correct. Eastman: So, that was not -- yeah. So, that was not accurate. Hoaglun: So, if I might ask, sir, then, what is your opinion about continuing this to October 3rd? Meridian City Council July 18,2023 Page 19 of 28 Eastman: I think it should be rescheduled to the next day council meeting where there would be adequate public testimony and it would be a public hearing. The continuance request. Hoaglun: And -- Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I guess I'm asking you should we continue or not? Eastman: Well, we will figure that out once we have adequate public testimony. But we don't at this point. Simison: Okay. Council, any further questions? Hall: Mr. Mayor, if I can add, they were not sent home, they were advised of what was going on and some options that they had. Eastman: I was -- I asked specifically, Mr. Mayor, if they would have an opportunity to testify -- to offer public testimony and they were told no. Hall: That is correct. Simison: Okay. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Nary, I might be misunderstanding something here, but they could not testify to the project, just to -- we have never had a request to have a public hearing to continue something, because it's either yes or no and no is -- anyway, that is interesting. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Eastman, I appreciate you sticking around to provide this feedback to the Council and so I want to make sure that I'm hearing what you are recommending to us is -- is what you are recommending. You would want to have all the neighbors that went home tonight, because they were told they -- they believed they could not testify about the continuance -- to have them come back next week to give an opinion about when or if we should continue this. Meridian City Council July 18,2023 Page 20 of 28 Eastman: Yes. I mean they -- they should have had the opportunity to do what I'm doing and give an opinion on the continuance. They were -- that -- that didn't -- did not exist. Simison: Okay. Eastman: The applicant has had their opportunity. The public has their opportunity and they were sent home. Well, they weren't sent home, but they were told they would not have that opportunity inaccurately. Hoaglun: Mr. Mayor? Simison: Councilman Borton. Borton: Very unusual scenario, but to legal counsel is this a due process issue that we need to make sure we remedy or -- Nary: Mr. Mayor, in my opinion it is not. A decision on continuing the hearing is solely at the Council's discretion. Whether a member of the public is in favor of it or not -- it's not really decided -- a decision point. It's the discretion of this Council on when you want to hear it. So, they only could comment on whether or not a different day would be okay. Or, again, the other option is don't continue it. Okay. Then you are going to hear it. But as they -- as you said what he's considering proposing isn't the same as what's already in the packet. So, it makes really little sense from a legal standpoint, but there is no due process to have a right to speak on whether or not you should continue something. Borton: Okay. Nary: That's your discretion. Borton: Okay. Mr. Mayor? Simison: Councilman Borton. Borton: I appreciate that and being lawful is rule number one and I think some of the -- the purpose behind this discussion is to try and address what variable we anticipate public members might express, even without -- we have just never had anyone testify or provide comment on a continuance. But I think we are all being sensitive to what the impact of a continuance is. So, trying to forecast that, provide additional time, provide public noticing at the applicant's expense, provide some -- some amplified deadlines to get information out and available to the public that matches what's actually going to be proposed seems to be, you know, every step possible to address -- encourage public involvement. Meridian City Council July 18,2023 Page 21 of 28 Eastman: Councilman Borton, the applicant testified on the continuance. Right? We are in a public hearing. I assume. Right? Borton: They made a request for a continuance. Eastman: And they gave public testimony and details regarding as to why they think a continuance is appropriate. The public has the right to do the same thing. Simison: Technically they don't in that regards. Council, one or two -- for those that were still here an opportunity to weigh in, which is what you are doing. But there is not a public -- a public right, as Mr. Nary stated, that they would be offered that same opportunity to provide testimony. So, right versus right I think are two questions, but can't speak for your neighbors if they all want to come back next week at your suggestion. Eastman: Thank you. So, in regards to the continuance itself, I would say -- I would ask the Council not to continue this by virtue of the fact that there has been so much confusion, there have been people that showed up to give testimony numerous times and I think Council Woman Strader -- Strader has it correct. Have them withdraw the application. Get their ducks in a row. I have -- you know, in looking at this in my professional capacity I have worked on hundreds of millions of dollars of real estate development. I have testified before City Councils, county commissioners all over the country. I have asked for one development agreement modification. It was like something miniscule, to reduce parking spaces. I treated it very seriously, because the development agreement existed and it was something that both parties in good faith had acted on. I don't know how to put -- I didn't jerk anybody around. I don't -- I'm trying to put that into a more diplomatic term. But I think it's appropriate in this context is just to ask them to withdraw the application, get everything put together and come back with something concrete. I mean it -- as evidenced by tonight where people were not given the chance to say the same thing that I'm saying, I think it's appropriate to just have them start over. Simison: Thank you. Council, any additional questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Question for Legal. But I'm pretty sure we can't compel an applicant to withdrawn an application; right? Nary: No, you cannot. Strader: Yeah. I strongly urge them to, but it is not within our control. Meridian City Council July 18,2023 Page 22 of 28 Simison: Okay. Thank you. Is there any other person that would like to be heard on the request for a continuance? Reynolds: Mr. Mayor, Members of City Council, Sally Reynolds. 1166 West Bacall Street. I appreciate the conversation that just happened. I learned quite a bit. So, I do think that Mr. Nary -- you know, while this isn't our right, like you pointed out, Mr. Mayor, there is right and, then, there is right. So, I appreciate you giving me an opportunity to give my thoughts, even though it's not necessarily my right. The one -- the one comments I would have -- and I think it is appropriate, since it's a public hearing, that you do hear from the public and I think that we -- on a continuum it could provide some valuable information about how and when to continue, especially when an application has been so -- I guess high interest to the neighbors and we are -- the developer has really been working with the neighbors very closely and so to have this come out at 5:30 today, yeah, it was a complete shock for us and as a person who kind of was helping coordinate things it was really really difficult to have to e-mail and text and everything the -- I would say over a hundred people. So, who are interested in this application right now. Many of who showed up and it happened to be the summer. So, that just shows you how many people are actually interested in this application. So, with that said -- I mean overall I would like to see the application withdrawn, just because I don't understand how there couldn't be a material change that they could have ready so quickly. So, that's my first concern is if there is such big of a change why is it able to be rescheduled so quickly. So, November, December would be much more appropriate in my opinion. But I -- my first request would be to completely have them -- either reschedule the continuance, so that you can hear or reschedule it as it is right now and deny the application, so that they have to come back. I personally would be strongly in favor of bifurcating the application, if that is what you choose to do. I was actually going to suggest that as well. So, since the application -- applicant said that they are willing to do that, I think that there are things in the application that are kind of far apart from each other and I think it could be more clearly heard if it was two separate applications. With that said I will -- I would like to just speak to Council Member Cavener's comment. I really appreciate you looking at the residents' point of view. Mr. Eastman just flew in on a plane today. I got back on a plane on Sunday night and I had company last night and I have my daughter's 16th birthday tomorrow and so I spent the greater part of today preparing remarks for tonight and so while I understand that there are always things that are out of an applicant's control, I do think that what the Council does here tonight will send a message as to the behavior and the timing and the form that the city expects from its applicants. And I will stand for any questions. Simison: Thank you, Sally. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Sally, I think you always have been a good standard bearer for neighborly conversations. It's one of the reasons why I probably asked you hard questions, Meridian City Council July 18,2023 Page 23 of 28 because I appreciate the cordial nature in which we engage with each other. So, Mr. Eastman testified in favor of us essentially continue this application for one week to give your neighbors the opportunity to come back and testify -- not on the application, but on the continuance request and looking at it from the neighbors, if I -- if I came back in a week just to say my feelings about a continuance, that may frustrate me. I would rather have a date certain of which this was going to be heard. Again, no offense to Mr. Eastman. I appreciate your perspective. But I guess I'm asking you the same question, Sally, is -- is that really what you -- because you have been such a standard bearer for your neighbors and you have been a very vocal voice in your part of Meridian. Is that really what your neighbors want? Reynolds: So, without asking them I'm not sure. I can tell you that when I sent out the noticing that it was going to be continued I got some very very strong responses and so due to that I think there might be some people who would like to testify about the continuance, understanding that it's not necessarily a right that their public -- the things they say publicly would just be taken into consideration of the Council when they decide on that continuance date, which I think is a huge thing for the residents to know, because it's, okay, are we -- are we going to be able to have a neighborhood meeting? You know, is it going to be re-noticed? Because with this being the third continuance I think that's entirely appropriate. And, then, as far as -- I mean I stood here and said, you know, I am -- I am fine with them bifurcating the application and, then, maybe continuing one part -- you know, going ahead with one and two, but there might be some people who say, no, they should keep it together and you should just decide to continue all or none. So, what the applicant is giving some different options, maybe hearing those options from people who have been really involved would also be a fair thing next week. Now, maybe we will notice -- or maybe we send out something and say, hey, City Council decided that it is going to be continued to this date as one big application. Please write into City Council in the next week if you have any comments, concerns -- I don't know. But, then, once the decision is made I don't know that can be changed, if that makes sense. And next week we come and you say we are voting on the continuance for August 22nd. We have received public testimony that they prefer until October, that type of thing. But I do know there was strong reaction. Cavener: Sure. Thank, Sally. Reynolds: Uh-huh. Cavener: Good seeing you. Reynolds: Thank you. Simison: Thank you. Is there anybody else who would like to be heard on the continuance? Brownlee: Mr. Mayor and City Council, I'm Tony Brownlee. 797 Barrymore. Tony Brownlee. 797 Barrymore. I would urge you to deny the application -- Meridian City Council July 18,2023 Page 24 of 28 Simison: If we can just get to the continuance only, not the merits of the application. Brownlee: Then deny the continuance. Make them come back again. If -- I can't imagine personally going to have a major business meeting and canceling that 30 minutes beforehand. I can't imagine that. I know I wouldn't have a job if I did that. But I can't imagine you are giving them another bite at the apple and another bite at the apple and another bite at the apple. The death of a thousand cuts. It defies logic to me. Simison: Thank you. Well, Council, the only thing I will say is the one thing we cannot do is hear this tonight, because it's clear that people were sent home. You know, that -- that is the one worst case scenario of any action. If you want to give the developer an appeal on a decision -- or residents, you know is going to -- that's where it will end up. So, the question becomes how -- what -- to when and how it's best to do that and if you want to hear again from the applicant based upon what they have heard or are you ready for to re-make a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, how would that work? We would just put them on the next available opportunity -- the next agenda that has time? That they would just have to -- they would have to present what they intended on presenting on this evening? How would -- how does that work if we -- we say no to continue, does that mean they have to, then, come and present what they intended on presenting this evening or what happens then? Simison: If you deny the continuance request I think you hear the project from the applicant at that point in time and -- yeah. Perreault: I mean my assumption would be if they don't want to present what they intended on presenting tonight, which they have stated, then, they would withdraw? I don't know -- I don't know -- I don't know that I have ever come across that since I have been here. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Yeah. This is very atypical. This is like sausage government; right? So, I think here is the two choices. The -- the public's comments now say continue this one week. In a week we are probably going to hear the applicant say I want to continue this and at that point we would have the public say don't continue it and we would make a decision like we are trying to do tonight. Or tonight we continue it to a date beyond that. So, the reason -- I think -- I totally get what you are saying. I think -- I don't see a lot of net progress if an applicant -- let's say they withdraw the application today and refile it and they -- they pay for and do notice and neighborhood meetings and have a public Meridian City Council July 18,2023 Page 25 of 28 hearing in October, which is kind of what we are trying to -- to find some compromise I -- with the motion that I was proposing was to kind of get you to the same net result. So, withdrawing the application and refiling it and have an October hearing on the new plan, whatever it is, or the adjustments, seems to be the same spot that we are getting in now. So, I still think -- I understand the concerns. I still think that continuance to October 3rd, the deadline for submittals, the neighborhood meetings, the applicant provides the public noticing, kind of gets you to the same spot, as clumsy as this is, to ensure the public can participate in a meaningful manner on the substance of the application. I don't see us moving the ball very far if we just bumped it a week, because there is nothing of substance to really discuss in a week and this is clumsy and I think that does -- I don't disagree with Council Members and the public. I think it has an impact on the flavor of the application as a whole. A clunky process to get you to the ultimate substantive discussion is not the best way to have an application presented. I think it does have an impact. It does raise questions and the applicant on October 3rd would probably get many more questions about why does it have to be so clunky to get here? But, nonetheless, that's not -- that's for a later date. So, I'm open to -- I'm open to how Council -- if they want to do something else, but all things considered I still think the October 3rd continuance with all of the terms and conditions outlined still makes the most sense. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: At what point is the application -- I know -- I know when we are doing an initial -- when there is an initial presentation for land use, but within -- with an MDA what point is different enough for the -- for us to, then, say this is too different and this is not the same application, so, therefore we don't -- do you know what I'm saying? Where does that -- where is that line drawn? Nary: Mr. Mayor, Members of the Council, so a modified development agreement is simply a contract with the city. So, however you modify it, whether it's -- again, whatever -- there is no one to remand it to. So, you are going to either approve it or deny it. Right? With a land use application -- if it was changed significantly you would remand it back to the Planning and Zoning Commission. They don't hear development agreement modifications. You are the only ones that hear it. So, it is completely your discretion on whether to grant the request or not. Whether it's changed -- it's changed radically, that's your call. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I wasn't sure I was going to say this, but I spent three full days at Dairy Days and I dealt with probably 15 to 20 people that came up to the booth to talk to me about this project, wanting to know what they could do and I directed every one of them to Meridian City Council July 18,2023 Page 26 of 28 come here tonight. And I need to tell you why. Because before I sat here I sat in the chair you were sitting in and I spoke for my subdivision for ten years on projects and I had projects reset and was frustrated and was our HOA president and had to tell them it's off for tonight, we are coming back in a few weeks. It's not a part of the system I like, but it's the way the system works and as I sit here now with a different view I understand everything you are saying. But from the outset what's the fairest thing going forward it gives you as the residents the most time to take all the new information and be prepared. I think what Councilman Borton proposed where the applicant must have everything in by the end of August and it's set for October 3rd, gives a great amount of time for everyone to get a chance to look it over, not mess with everyone's summer schedules and, hopefully, everyone's prepared for that October 3rd timeline moving forward. I would be supportive of that motion. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a clarification of Councilman Borton's motion. I think the idea of a deadline for all materials to be in is a good one, but I wasn't clear on whether that was an actual requirement of the motion or if that was just a guidance to the applicant. It feels like something -- maybe two weeks or a month out of the hearing date would be more typical for us as a deadline. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Mr. Mayor. That was a strong recommendation. It sounded like from legal we couldn't make it a binding requirement that prohibited them from submitting stuff in September, but it would most definitely be in their best interest to have it complete. Simison: And you could say something to the fact, just on the record, if not in by such date you will automatically reconsider it for one month later for -- in the hearing again. I mean you could do a lot of things if he wants to. But that's about all you can do. Borton: Mr. Mayor? Simison: Councilman Borton. Sorry. Borton: I wouldn't -- I know you're -- you're in jest a little bit, but I -- I think the applicant has heard the message crystal clear that everything is October 31. 1 think we certainly don't want to hear from the public that stuff came in late, things changed in September and -- that's not in the applicant's best interest. We want to have the public side by side in this discussion. Simison: August. Meridian City Council July 18,2023 Page 27 of 28 Hoaglun: Oh, August 31 st fully submitted for an eyes wide open discussion October 3rd. Perreault: I will second the motion if it's -- Simison: You want to go back and restate the motion? Hoaglun: Mr. Mayor? Simison: Councilman Borton. Borton: I move that we continue H-2023-0005 to October 3rd, 2023. That the applicant -- at the applicant's expense re-notice that public hearing. That the applicant is strongly encouraged to have all submittals to the city staff no later than August 31 st, 2023, allowing all of that to be viewed and discussed by the neighbors -- or the public I should say and that all in another neighborhood meeting. That public posting. This application in whatever form it is will be heard October 3rd. Strader: Mr. Mayor? Simison: And looking for a second for discussion. Strader: Second for discussion. Simison: Have a second for discussion. Council Woman Strader. Strader: I would just urge the applicant once again -- I mean I think it just leaves a bad taste in everybody's mouth, but -- with the processes like this and if you don't have your ducks in a row by the end of August I really think you need to withdraw the application. I would have encouraged you to do that in this meeting. I think that would have actually been better for you. But, you know, if you are not willing to do that, then, I think just make sure it's all ready to go by the end of August or, please, withdraw it. Simison: Is there further discussion on the motion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is continued. Thank you. MOTION CARRIED: ALL AYES. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? EXECUTIVE SESSION Meridian City Council July 18,2023 Page 28 of 28 7. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Simison: Or do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code 74-206A(1)(a). Borton: Second. Simison: Have a motion and a second go into Executive Session. Is there a discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:15 p.m. to 9:05 p.m.) (Motion and Second made to come out of Executive Session.) Motion to adjourn.) MEETING ADJOURNED AT 9.05 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 8-8-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Proclamation for the Owyhee High School Softball State Champion Day qEN DIAN --- C �-" H0 The Office of the Nayor PR0CLANA �tr0X Whereas, being an Owyhee High School Softball player is more than making pitching, fielding, hitting, and achieving state titles. It is training to build leadership, character, confidence, teamwork and resilience—all traits needed to succeed on the field, in the classroom and in the real world; and, Whereas, the hard work and dedication of the Owyhee Softball team and coaches has resulted in the Storm claiming the first Softball state title in the school's short history; and, Whereas, The Storm completed the regular season with a record of 9-3 in conference and 20-4 overall and had 85 home runs on the season as a team; and, Whereas, the Storm Softball team finished the season with a 26-5 record and went on to their first Idaho 5A baseball state title by taking a 13-3 win in the Championship game to bring the trophy home to Meridian; and, Whereas, the leadership, training and discipline of their coach Tess Martin and Assistants Jordynne Ketchum and Derek Andreason helped team members Kina Watts, Brooklyn Schneidt, Emma Bravo, Isabella Fazzio, Rylie Haith, Mantha Hatzenbeller, Bailey Brooks, Ha glee Reeves, Grace Brooks, Baylee Brown, McKenna Schab, Alaina Bryant, Alexa Rice, Molly Buckingham, SoBella Malliarodakis and Kendall Townsend to focus their talents, passion, and determination to become a winning team, with each player making valuable contributions to their victory. Therefore, I Mayor Robert E. Simison, hereby proclaim July 18'', 2023 as Owyhee Hi h SchooCSoftbaCl State Champions Day in the City of Meridian and call upon the community to join me in congratulating the Owyhee High Storm on their remarkable athletic achievement and for esenting Meridian so proudly in the state tournament. Dated this this 181" day of July, 2023 R bert . Sim son, Mayor Brad Hoaglun, City Council President Joe Borton, City Council Vice-President Luke Cavener, City Council Jessica Perrault, City Council Liz Strader, City Council John Overton, City Council W IDIAN IDAHO The Office of the Nayor PROCLAMATION Whereas, being an Owyhee High School Softball player is more than making pitching, fielding, hitting, and achieving state titles. It is training to build leadership, character, confidence, teamwork and resilience— all traits needed to succeed on the field, in the classroom and in the real world; and, Whereas, the hard work and dedication of the Owyhee Softball team and coaches has resulted in the Storm claiming the first Softball state title in the school's short history; and, Whereas, The Storm completed the regular season with a record of 9-3 in conference and 20-4 overall and had 85 home runs on the season as a team; and, Whereas, the Storm Softball team finished the season with a 26-5 record and went on to their first Idaho 5A baseball state title by taking a 13-3 win in the Championship game to bring the trophy home to Meridian; and, Whereas, the leadership, training and discipline of their coaches helped all team members to focus their talents, passion, and determination to become a winning team, with each player making valuable contributions to their victory. Therefore, I Mayor Robert E. Simison, hereby proclaim July 181h, 2023 as 0vv yhe e Hi h Schoo CSoftd aCl Of State Champions Day in the City of Meridian and call upon the community to join me in congratulating the Owyhee High Storm on their remarkable athletic achievement and for representing Meridian so proudly in the state tournament. Dated this this 1811' day of July, 2023 Oert . Si son, Mayor Brad Hoaglun, City Council President Joe Borton, City Council Vice-President ' Luke Cavener, City Council Jessica Perrault, City Council Liz Strader, City Council John Overton, City Council 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. I CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: July 18, 2023 i 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: ! 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 _ E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of the Fiscal Year 2023 Amended Revenues and Expenditures in the Amount of$217,401,857 OV, IDIAN Interoffice Memo 07/18/2023 To: Mayor and Council Members From: Budget Manager, Jenny Fields Re: FY2024 Tentative Budget and FY2023 Amended Budget Action Needed: 1. Council to approve the amended revenues and expenditures for Fiscal Year 2023. $217,401,857 Two Hundred Seventeen Million, Four Hundred One Thousand, and Eight Hundred Fifty-Seven Dollars 2. Council to tentatively approve the proposed revenues and expenditures for Fiscal Year 2024. $233,617,300 Two Hundred Thirty-Three Million, Six Hundred Seventeen Thousand, Three Hundred Dollars 3. Council elects to reserve all foregone revenue associated to the FY2024 budget in order to utilize that amount in subsequent years. $635,085 Six Hundred Thirty-Five Thousand, Eighty-Five Dollars E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Tentative Approval of Fiscal Year 2024 Proposed Revenues and Expenditures in the Amount of$233,617,300 OV, IDIAN Interoffice Memo 07/18/2023 To: Mayor and Council Members From: Budget Manager, Jenny Fields Re: FY2024 Tentative Budget and FY2023 Amended Budget Action Needed: 1. Council to approve the amended revenues and expenditures for Fiscal Year 2023. $217,327,342 Two Hundred Seventeen Million, Three Hundred Twenty-Seven Thousand, Three Hundred Forty-Two Dollars 2. Council to tentatively approve the proposed revenues and expenditures for Fiscal Year 2024. $233,617,300 Two Hundred Thirty-Three Million, Six Hundred Seventeen Thousand, Three Hundred Dollars 3. Council elects to reserve all foregone revenue associated to the FY2024 budget in order to utilize that amount in subsequent years. $635,085 Six Hundred Thirty-Five Thousand, Eighty-Five Dollars E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval to Reserve All Foregone Revenue Associated to the Fiscal Year 2024 Budget in the Amount of$635,085 in Order to Utilize that Amount in Subsequent Years OV, IDIAN Interoffice Memo 07/18/2023 To: Mayor and Council Members From: Budget Manager, Jenny Fields Re: FY2024 Tentative Budget and FY2023 Amended Budget Action Needed: 1. Council to approve the amended revenues and expenditures for Fiscal Year 2023. $217,327,342 Two Hundred Seventeen Million, Three Hundred Twenty-Seven Thousand, Three Hundred Forty-Two Dollars 2. Council to tentatively approve the proposed revenues and expenditures for Fiscal Year 2024. $233,617,300 Two Hundred Thirty-Three Million, Six Hundred Seventeen Thousand, Three Hundred Dollars 3. Council elects to reserve all foregone revenue associated to the FY2024 budget in order to utilize that amount in subsequent years. $635,085 Six Hundred Thirty-Five Thousand, Eighty-Five Dollars E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Changes to Agenda: nd  Item #6: Linder Village (H-2023-0005) – Applicant requests continuance to August 22 to re-evaluate the development plan for Lots 12 & 13 due to economic factors. Item #5: Lavender Heights No. 2 (H-2023-0028) Application(s): Vacation Size of property, existing zoning, and location: This property is located at 6256 S. Mechta Avenue and is in the R-4 zoning district. Summary of Request: Vacation of the southerly 1.2-feet of the 5-foot wide public utility, drainage and irrigation (PUDI) easement along the northern boundary of Lot 11, Block 9, of Lavender Heights Subdivision No. 2. A property boundary adjustment (PBA-2022-0027) was approved that shifted the northerly side property line 1.2-feet to the north to account for the existing home that was inadvertently constructed within the easement area and the required 5-foot wide side yard setback. Relinquishment letters have been submitted from all impacted utility companies consenting to the partial vacation of easement as proposed. Letters were received from Boise Project Board of Control, New York Irrigation District, CTC Telecom, Idaho Power, Intermountain Gas Company and Sparklight. Staff Recommendation: Approval Written Testimony: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File NumberH-2023-0028, as presented in the staff report for the hearing date of July 18, 2023: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0028, as presented during the hearing on July 18, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0028 to the hearing date of July 25, 2023, for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting July 18, 2023 Item #5: Lavender Heights No. 2 (Lot 11, Block 9) Partial Easement Vacation– W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Lavender Heights No. 2 (H-2023-0028) by Clint Hansen, located at 6256 S. Mechta Ave. Application Materials: https://bit.ly/H-2023-0028 A. Request: Vacation to vacate a portion of the 5-foot wide public utilities, pressure irrigation and lot drainage easement on Lot 11, Block 9, Lavender Heights Subdivision No. 2. PUBLIC HEARING SIGN IN SHEET DATE: July 18, 2023 ITEM # ON AGENDA: 5 PROJECT NAME: Lavender Heights No. 2 (H-2023-0028) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 i 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 7/18/2023 Legend DATE: 0 El Project Location W e TO: Mayor&City Council i FROM: Linda Ritter,Associate Planner CO i 208-489-0573 E GALLEON LN = SUBJECT: H-2023-0028 CD'rj Lavender Heights No. 2-VAC R-8 a 3 l E ZEMO LN LOCATION: 6256 S. Mechta Avenue,in the SE 1/4 o of gtewso�esr 0 a Section 32 T.3N. RJE. a- a q F BERGHAN LN LAKE-HAR R8U --R-8 UT I. PROJECT DESCRIPTION Request to vacate the southerly 1.2-feet of the 5-foot wide public utility, drainage and irrigation (PUDI) easement along the northern boundary of Lot 11,Block 9, of Lavender Heights Subdivision No. 2. II. APPLICANT INFORMATION A. Applicant: Clint Hansen,PLS,Land Solutions,PC—231 E. 51h Street, Ste. A,Meridian, ID 83642 B. Owner: Travis Perry, Core Building Co. — 152 Ketrel Avenue,Eagle,ID 83616 C. Representative: Same as Applicant III. UNIFIED DEVELOPMENT CODE Per UDC Table 11-5A-2,vacation of a utility easement falls under"all others",which requires approval from City Council at a public hearing. Pagel IV. NOTICING City Council Posting Date Newspaper Notification 7/2/2023 Radius notification mailed to 6/30/2023 properties within 300 feet Next Door posting 6/29/2023 V. STAFF ANALYSIS The Applicant requests approval to vacate the southerly 1.2-feet of the 5-foot wide side yard PUDI easement along the northern boundary of Lot 11,Block 9, Lavender Heights Subdivision No. 2. A property boundary adjustment(PBA-2022-002 was recently approved that shifted the northerly side property line 1.2-feet to the north to account for the existing home that was inadvertently constructed within the easement area and the required 5-foot wide side yard setback. A legal description and exhibit map of the portion of the easement proposed to be vacated is included in Section VI below. The Applicant states there are no underground or overhead utilities in the subject easement area. Relinquishment letters were received from Sparklight(former Cable One),Intermountain Gas, CTC Telecom Inc.,Boise Project,New York Irrigation District and Idaho Power for the portion of the easement proposed to be vacated. VI. DECISION A. Staff: Staff recommends approval of the partial vacation of the public utility easement as proposed by the Applicant and as agreed upon by the easement holders. Page 2 VII. EXHIBIT Legal Description & Exhibit Map of the Portion of the Utility Easement Proposed to be Vacated Legal Description Easement Vacation Parcel B, Record of Survey No. 13726 Lavender Heights Subdivision No. A portion of an existing Public Utility, Pressure Irrigation and Lot Crainage easement over a portion of Parcel B as shown on Record of Survey No. 13726, records of Ada County, Idaho, being also over a portion of the platted Lot 11, B000k 9, of Lavender Heights Subdivision No. 2, 4$ $hown in Book 122 of Plats on Pages 19344 through 19346. records of Ada County, Idaho; being located in the SE IK of the 8W '/4 of Section 32, Township 3 North. Flange 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument rnarking the southeast comer of the 5E 'A of the SW Y, of said Section 32, from which a Brass Cap monument marking the northeast corner of said SE'I#of the SW' bears N 0612r02" E a distance of 1334.18 feet; Thence N 0°12'02x E along the east boundary of said; SE YA of the SW 1 , being partially along the easterly boundary of said lavender Heights Subdivision No. 2 a distance of 737.33 feet to the northeasterly corner of said Parcel B; Thence along the northerly boundary of said Parcel B N 99'47'24" W a distance of 10_00 feet to a point on a tine 10,00 feet westerly of and parallel to the easterly boundary of said Parcel B; Thence along said parallel line S 0*1 '02"W a distance of 4.87 feet to the POINT OF BEGINNING; Thence continuing along said parallel line S 0'12'0 " W a distance of 1.20 feet to a point on the southerly boundary of an existing 5.00 foot wide Public UkiIity, Pressure Irrigation and Lat Drainage easement as shown on the plat of said Lavender Heights Subdivision No_ 2 adjacent to the Northerly boundary of the said Lot 11. Block 9: Thence leaving said parallel line and along said existing southerly easement boundary N 89°47'24' a distance of 126.89 feet to a point on a line 5.00 feet easterly of and parallel to the westerly boundary of said parcel B; Thence along said parallel line N 0012'02" E a distance of 1.20 feet to a point; Thence leaving said parallel line 5 89W'24- E, parallel to the northerly boundary of said Parcel B. a distance of 128.89 feet to the POINT OF BEGINNING. This easement vacation parcel contains 152 square feet (0.003 acres) and 'ApL LnIVO is subject to any other easements existing or in use. ° ks r & a Clinton W. Hansen, PLS '� 1 Land Solutions, PC January 31, 2023 { of VV Laj i 41 bluttlo1i5 Eacament VacaRlon �d s� .m Lx W� g Lavender Height&2 LLA J00 No 2FL69 PAQe 1 of 1 Page 3 VACATION OF A PORTION OF EXISTING PUBLIC UTILITY, PRESSURE IRRIGATION AND LOT DRAINAGE EASEMENT PARCEL B, RECORD OF SURVEY NO. 13726 LAVENDER HEIGHTS SUBDIVISION NO. 2 LOCATED I THE SE 114 OF THE SW 914 OF SECTION 32, T"3N R.1E., B.M. MERIDIAN,ADA COUNTY, IDAHO 1/4 L5 1f15 31 37 I I I I I PARCEE A I RCS 137.26 ' 1 # ' I NWTK H y KkADARY - PLATTEO LOT 11, BLOCK I +a WEnDER HEIGHTS SUIWASION NO 7 t POINT OF BEQNNING o E135T1K PUKIC UTiUT". IFIN'47'24'w EASNENT VAoAT1M I#fl , 7 PRESSURE IMICATJCN a76.89' w AND LOT DRAIMPa fL01K SF ACft�S 1 9r �� €LSEIJEN.i LAVE PER PLAT �_____r 1 7-{ i OF LAVENDER HEIGHTS 1�„ Vs 1 SUUC9 1Sr0N NO. 2 I 10. � y PARCEL� a '- r ' R05 15nG C> 1 M 1 � vi k 4 ; 1331.N' 31 32 N99'57'O1"w _ 1331-W _ 32 6 5 Yf 1 6 E HAZEL RD. 1{ 5 L LA ND fs� 1ST ` CL 11118 .A01 tt2 OF ,? O w o' 15r Sol futions Lain;dl 40 La1'1d Surveyiq and Consulting 231 E STH S7 87E A LIFFWMl.14&%42 CM12W24W oAi 2M7'm w4w+�glawo'+Ikx �e.0 77-er Page 4 w IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Linder Village (H-2023-0005), by CSHQA, located at Southeast corner of N. Linder Rd. and W. Chinden Blvd. Continued from 6-27 Application Materials: https:Hbit.ly/H-2023-0005 A. Request: Development Agreement Modification to the existing Development Agreement (Inst. #2019-028376 & #2021-102392) to update the conceptual development and use area plans to amend some of the building footprints, vehicular/pedestrian site circulation and parking; and include multi-family residential as a future use. PUBLIC HEARING SIGN IN SHEET 3 DATE: July 18, 2023 ITEM # ON AGENDA: 6 PROJECT NAME: Linder Village (H-2023-0005) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E IDIAN COMMUNITY DEVELOPMENT DEPARTMENT A H t HEARING July 18,2023 DATE: Continued from: 612 712 02 3 TO: Mayor&City Council �r FROAM: Sonya Allen,Associate Planner n W b NN% SLtYIa 208-884-5533 T SUBJECT: Linder Village H-2023-0005 LOCATION: Southeast corner of N. Linder Rd. and W. Chinden Blvd., in the NW 1/4 of Section 25,TAN.,R.1 W. �_ LO w� �FUS7-fRFFK f1R I. PROJECT DESCRIPTION Modification to the existing Development Agreement(Inst. #2019-028376&#2021-102392)to update the conceptual development and use area plans to amend some of the building footprints, vehicular/pedestrian site circulation and parking; and include multi-family residential as a future use. II. SUMMARY OF REPORT A. Applicant: Mandie Brozo, CSHQA—200 Broad St.,Boise, ID 83702 B. Owner: Joe Huarte,High Desert Development Linder Village,LLC—2537 W. State St., Ste. 110,Boise, ID 83702 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Newspaper Notification 6/11/2023 &7/2/2023 Radius notification mailed to 6/9/2023 &6/30/2023 properties within 300 feet Page 1 Site Posting 6/27/2023 &7/6/2023 Next Door posting 6/8/2023 &6/29/2023 IV. COMPREHENSIVE PLAN ANALYSIS Land Use: Approximately 54 acres of the subject property is designated on the Future Land Use Map (FLUM) as Mixed Use—Community(MU-C) and the remaining 24+/-acres is designated Medium Density Residential(MDR). MU-C: The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings.Non- residential buildings in these areas have a tendency to be larger than in Mixed Use—Neighborhood areas,but not as large as in Mixed Use—Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the Mixed-Use Community Concept Diagram depicted in Figure 3C of the Comprehensive Plan(see pg. 3-18). Sample uses in this designation include multi-family developments. MDR: The purpose of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. Proposed Use: The Applicant proposes to amend the conceptual development plan for this site to include an overall mix of uses,including commercial(i.e. retail,restaurant, etc.),office(medical, professional, etc.), civic (i.e. library,park, common open space, entertainment, etc.)and residential (single-family detached/attached,townhouse,multi-family and live/work)consistent with the MU-C FLUM designation.Most of these uses were previously approved to develop on this site (some in a different configuration than proposed), except for mixed-use/multi-family residential. Comprehensive Plan Policies(https.11www.meridiancity.or,-/compplan): The applicable Comprehensive Plan policies are cited below with Staff s analysis in italics. • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City"(2.01.01 G). Only one housing type(i.e. single-family) exists in this general area; the nearest apartments are approximately Y mile away at Prelude at Paramount, a mile away at Selway and 1.S miles away at Olivia by Costco.A Planned Unit Development(PUD) was recently approved on the southern portion of the Linder Village development south of W. Orchard Park Dr. that includes a mix of single family(32 detached&40 attached units), townhoue (38 units) and multi family(29 units) (Sagarra H-2022-0027). The addition of a mixed-use/multi family and live/work uses on this site would contribute to the diversity in housing types and uses in this area as desired. • "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 to serve the proposed development. Police and Fire protection is already provided to this property and will continue to be provided. Page 2 • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips,and enhancing overall livability and sustainability."(3.06.02B) The proposed multi family development(i.e. apartments & townhome-style) and live work will provide housing options in close proximity to existing and future shopping, dining, civic and employment uses in this development and general area, which will reduce vehicle trips and enhance overall livability and sustainability. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A) An updated pedestrian circulation plan was submitted with this application, which should assist in ensuring safe pedestrian access and connectivity within this development. Staff recommends the east/west driveway between The Collection and the library is restricted to emergency access only with collapsible bollards to enhance pedestrian safety in this area. • "Plan for an appropriate mix of land uses that ensures connectivity, livability, and economic vitality."(3.06.02) The existing and proposed mix of commercial, residential and civic land uses with pedestrian connectivity should ensure livability and economic vitality for this development. • "Encourage the development of high quality, dense residential and mixed-use areas near in and around Downtown,near employment, large shopping centers,public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map." (2.02.01 E) The proposed mixed-use/multi family development will provide dense residential housing within the mixed-use designated area in close proximity to civic[i.e. library and schools (Paramount Elementary School and Rocky Mountain High School)], employment, shopping/retail and restaurant uses along the W. Chinden Blvd./SH2O-26 transportation corridor. V. STAFF ANALYSIS The Applicant proposes to amend the existing Development Agreement(DA)(Inst. #2019-028376& #2021-102392)to update the conceptual development for Lots I and 2,Block 1,Linder Village West Subdivision; Lots 1,2 and 4,Linder Village South Subdivision; and Lots 12, 13 and 16,Block 1, Linder Village Subdivision(see subdivision plats in Section VII.A). The Use Area Plan and site circulation plan are also proposed to be amended in accord with the changes proposed to the conceptual development plan(see Sections VII.H, 1). Changes are proposed to some of the building footprints,vehicular/pedestrian site circulation and parking; and a mix of uses,including mixed- use/multi-family residential, is proposed to be included as a future use where office and retail uses were previously planned.Note:Although the proposed application does not include specific information as to the number of multi family units or the height of the structure proposed, the Applicant stated at the neighborhood meeting 500 apartments units may be proposed in a 5-story vertically integrated building. The proposed conceptual development plan and use area plan include the following changes: (Staff's comments in italics) • Lots 1 and 2,Block 1,Linder Village West: Four(4)building pads were previously proposed for retail use. Four(4)building pads are still proposed—one(1)for retail use and three(3)for mixed retail/health/medical/restaurant&office uses—but in a different configuration with Page 3 three (3)of the pads clustered together and the single pad still at the corner. Staff is amenable to this change as the pad sizes are substantially the same as the previous plan and the variety of uses is desired in the MU-C FL UM designation. • Lot 16,Block 1,Linder Village: Two (2)multi-story live/work buildings were previously proposed—now, one(1)larger multi-story live/work building is proposed. Staff is amenable to this change as the use is the same and the size is substantially the same. (Note:A live/work residential project is subject to the specific use standards listed in UDC 11-4-3-50 and is different from a vertically integrated residential project, which is subject to the specific use standards listed in UDC 11-4-3-41. The previous version of the UDC did not differentiate between the two uses when the previous conceptual development plan was approved.) • Lot 1,Block 1,Linder Village South: This lot was planned to develop with a mix of specialty retail and restaurant uses in four(4) centralized 2-story buildings with a north/south drive aisle through the center with diagonal parking—now, eight(8) single-story buildings are proposed(i.e. The Collection) for specialty retail and restaurant uses with a pedestrian walkway and plaza for safe pedestrian circulation where the drive aisle and parking was previously planned. Conceptual elevations were submitted for the proposed structures, included in Section VII.M. Staff is amenable to this change as the use is the same; replacing the driveway and parking with a pedestrian walkway/plaza area is preferable to the previous design. Staff recommends the east/west driveway between The Collection and the Market West and The Wylder buildings is restricted to emergency access only with collapsible bollards for pedestrian safety;the plans should be updated to reflect this change prior to City Council approval of the Findings. • Lot 4, Block 1,Linder Village South: Three (3)attached mid-anchor buildings were planned on the southern portion of this lot for entertainment/soft good uses, and one(1)pad for mixed retail/health&medical was planned at the northeast corner—now, one(1)vertically integrated multi-level/multi-tenant structure is proposed(i.e. The Barn) for entertainment/mixed retail/health/restaurants/office uses and the pad has been removed. Staff is amenable to this change as it should provide for a variety of uses as desired in the MU-C FL UM designation and contributes to the pedestrian-oriented community/plaza area where The Collection and the library are located. Conceptual elevations were submitted for The Barn structure, included in Section VII.M. The proposed plans depict 90-degree parking in front of the building requiring vehicles to back out into the main east/west drive aisle, which creates safety concerns with vehicles backing out into a main drive aisle. Therefore, Staff recommends the plans are revised to remove the parking in this area prior to City Council approval of the Findings. • Lots 12 & 13,Block 1,Linder Village: One(1)large office and a smaller office pad were planned along with five(5)retail building pads for future office/retail use—now,two (2) live/work buildings,three(3)multi-family(townhome-style) structures, and one very large mixed use/multi-family building is proposed for entertainment/mixed retail/residential/multi- family/health/restaurant/office uses. (Note: The footprint of the proposed multi family building is preliminary and subject to change and future agency approval) The proposed change still includes office and retail uses but allows for a mix of other uses, including multi family residential.A conditional use permit is required for a multi family development in the C-C zoning district per UDC Table 11-2B-2, which requires subsequent Page 4 approval if the proposed MDA is approved. While the Comprehensive Plan does support higher density and/or multi family residential development for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20126, Staff is concerned with the provision of an adequate mix of uses on Lots 12 & 13 so that the area isn'tprimarily multi family and includes community-serving uses consistent with the purpose statement of the MU-C designation. Staff is also concerned with the height of the structure(s) being compatible with adjacent existing and future buildings in the general area. Therefore,Staff recommends a new DA provision limiting the overall residential density on these two lots to a maximum of 15 units/acre based on the 13.66-acre area(which equates to a maximum of 205 units), consistent with the density desired in MU-C designated areas.Additionally, in accord with the MU-C guidelines,Staff recommends a DA provision that limits the building footprint of structures to 30,000 square feet unless a structure contains a mix of both residential and office, or residential and commercial land uses. Where the developmentproposes public and quasi- public uses to support the development above the minimum 5%, the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint. Finally,Staff recommends the height of the structure(s) is limited to 3-stories in height for compatibility with adjacent existing and future structures in the area. The Applicant also proposes a change to the phasing plan. Originally, the 2-acre park on Lot 1,Block 2,Linder Village Subdivision, south of W. Orchard Park Dr.,was planned to develop as part of the Phase 1 improvements—now,the Applicant proposes to develop it with the first phase of the residential development to the east(see original and proposed phasing plans in Section VII.E, J). Staff is amenable to this change as it's located on the south side of the collector street with the residential development and makes sense for it be constructed at the same time. Note: The final plat application for the first phase of development is currently in process. An updated open space exhibit was submitted for the western portion of the development, that incorporates the revisions made to the conceptual development plan(see Section VIIX). An updated landscape plan was also submitted for the overall development consistent with the changes proposed to the development plan as shown in Section VII.L. Conceptual building elevations were submitted for the buildings in The Collection and The Barn as shown in Section M. The design of these buildings is not approved with this application; final design should be consistent with the design standards in the Architectural Standards Manual. Overall,the proposed changes to the conceptual development plan and use area plan still provide a mix of at least three(3) different land use types [i.e. commercial(includes retail,restaurants, etc.), civic(i.e. library,public open space,parks, entertainment venues, etc.), office (i.e. healthcare, professional, etc.) and residential(i.e. single-family attached/detached,townhomes and multi-family)] as desired in Mixed-Use designated areas. The proposed changes are consistent with the general mixed use and mixed-use community guidelines in the Comprehensive Plan. Therefore, Staff is supportive of the requested amendment to the DA with the recommended amended and new DA provisions in Section VII.M. Note:Many letters of testimony have been received from adjacent neighbors requesting denial of the proposed amendment to the conceptual development plan that would allow 500 multi family units in a 5-story building as presented at the neighborhood meeting. The objections stated include, but are not limited to, the following: the density proposed is too high; negative impact on traffic on already congested roadways; extra strain on already overcrowded area schools; a 5-story structures) would be out ofscale and character in this area and isn't compatible or proportionate with adjacent structures in the area;perceived negative effect on property values and quality of life; etc. Page 5 VI. DECISION A. Staff- Staff recommends approval of the modification to the DA as proposed by the Applicant with the amended and new DA provisions in Section VII.M. VIL EXHIBITS A. Linder Village Subdivision Plats PLAT OF LINDER VILLAGE WEST SUBDIVISION �c«rraKxr 23 24 A hula[RF Lot 1,Block 1 of Linder Yllage Subdivision IMWW CTFarm Fhd.IHiehreay 7O/26} Swated in Nwh—t L14 ofthe NMh—it 1/4 of Seal-25,T—h" N Poe�Jw.mr7-0FH�o 26 25 Norsk Pa W 1 Wes[,B.M.,City of Meridian,Ada County,Idaho M23 run saa�a. 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SURVEY NARRATIVE \ / \ _ IM II-Lrac"arm.—EWT,WwEe, Her `� I r �soono T"""o Ee w w'avnumku0"'wr M o°�'� R 0 BlOCK1 , .x,J OF,.,woaMvr 1Lrie a, IR „I p� 6 � mo >by PmTrmwe,na}c.:mn 1113 Ebufraa EAffrem ��L� ,;•Ty A `'u4- f Mrtrx avw]It ,75Ar I1T AWo r �- L1T Irrn Pcicrt E.a]dr aF� ____„_____— I III ®� L �iusT III T 8 W.Orchard Park or. 12459 III SEC KMC v. 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Y N5e•za tMw J gee WE'2' d Ih c�) 1a c51 a Las Ire $ � � Q g c1B Z L3 L18 "I L17 L3a e'e4 _ �Pa I `J• Am 3 g F R GB L3T G g L. r�+ CM1B _ G C39 fl �k � FIBB°04f o'Yd 38{� G CN 6aB°Tl%4 T3a5S-HAii>•&(PVHISC) C59 a G32 `11 I� ��1f� � wwv ZI n G]U es L]t 9a922e1E 19053 ] G9M1 } —J fd`l WlRF{:I'OR Gg ry1 1 • g � L. � C4 { � �C � CDSae Detdl'A' r— 4 G"°' Q 3hee12 ffi Od'H'E 20n 53•�3 C17• seeDet4il•c• R 589'04'a4•E 23{.9Y C2a S Shaet2 t<al 2ig,g1 LxE 42j15T 11]AI' Bd].4D YA9AC 3aD.DP TRUE POINT OF BEGINNING 01'W 2B2.Br xxw. See Datail'E'Sheet 2 coav"" I c.�.d.m <• �,G��i zee zsni'w ze]aar F q s r� aldz y ,,�N�ttf��F'hNIsvCO �P�pNtsl I tl _ p v�stad SRB°25'01"E B�'"SiIR� I $ 5�' aCWI I SUBa 4B.5tl' ID L vxcpraSmev I FOX LAND UR EYS MU Progress A—e,Suite lt2B,Meridian,10836Q } 208-342-7957-wwW hmh-Fs— A�TR't 20006-01 FPLAT 1 ar 6 Page 7 PLAT OF ------ - - LINDER VILLAGE SOUTH SUBDIVISION A the NOyf Loi 14,the N 1 of under Village cdw 25, SRIEa[ed In the North 1J2 ofthe Northwest 1/k of 5ectlm 25,Townshlo a NcM,Ronne 1 Wes,s m.,city cf Medd n.Ada Cp LT,I*hc 2023 0 ®] I60 b0 %an sole 1'=dr M I/e WRRER SECTOR A 9NE17INl1EX P Wo. 1H wu xo sotz—m¢x'av PER , SREET t —SWpASNra RµT WM 2 WE—oETwEs 73 24 _ ET] -EASENEW DUAU MP LNE CUM TAR O BLES Nsls� 2i WE 76 25 --- -afiaY sNEET a -cERnTce,E s cxNERs aNA ROES W-Chid.Blvd(Hl way x0/261 a WL s/a---,0 E� � 25 sRErr a -cERnRra,ss ARo wRRO'AWS 1 L] K,Rx — I LEGEND I L ,d � q El1uaD ul.rauN r.E•x xmm Fcuw"-lu[R REW R,M P 1[rr 1 v 0 R L%Fe N11 Rwc�ia R E 13�is Ts�x tl R ET flZy[xl RFaa9 wRR F C CW WH n Snder.Vllp¢e ® ^ 8 �n Ei xo- w 1.cum,ER wnR A e/. L h Q ® RE9w u,o Rl Fc G'P wRxW'wC KB lz4 v NA z O N ET au5s ttl/C['1`TR pc IMER,1—.w 12459- [u[uulEv--,1-11 a "D oR 11 Q RBER. se9•I2'0{"E 189.95' 9l723'0k•E 624.94' ave � a raBx wr ncuxort LOT RueER 5�amn5rn eouNwfrc uK xpv.CQ,T P ERTT I E ----)-/-r-/-'J-� E SENEM uK.&WTEB $5 = ILILLLL GG PER Iw,mENMo sox b14 o0 MliF.a s9E4ENE © D 3 � REFEREN[ES , $ R' RAC„�LVD B-IREI R WRYHW OF F eaRr,IMZM"' o R9.RXA. W.IM52.­QwM OF . SIIRVET NARRABILE ® AE Is 6VlbIF Nnxsia(xLCPs a nt FuttOA�11�LR4NC is Q LIOCN E k g $ .. fO,xG•EPE ^ s_ kin" l` 1 `2459 [NG I N LE III NG �I'( REwwErrt eaE�rrt NBB'22'01"]v OY.24' nx.As- R `M'C-BFL.LDS i a xaa51 W.OIxhIW Pitk OYrve q•y�'� w.ya.�. •. Ps]In 1/s'Naw1 VL�,P PI516 x � � t wLA we REf�[se�sne�x Page 8 B. Existing Conceptual Development Plan(dated: 5/25/21) o , — ..w •r .T a. FUTUREOFEICEI RETAILlip w ', DEVELOPMENT LL If- n 7 � FUTURE RESIDENTIAL FUTURE RESIDENTIAL VE OPMENT DEVELOPMENT � V � l,n 1 CONCEPT PLAN H CONCEPT Orchard Mir oao SITE PLANPark Page 9 C. Existing Use Area Plan(dated: 5/7/21): SPECIALTY RETAIL, RESTAURANTS& FASTICASUAL AUTOMOTIVE/ i MIXED FINANCIAL ,.,a FOOD&BEVERAGE FUEL RETAIL/HEALTH& i — — — — — MEWCAL Qu �� II a {fl aoo i �n ENERTAINMENTI` FUTURE OFFICEIRETAIL - RETAIL/CIVIC 6¢ . SOFT GOODS DEVELOPMENT — E . COMMUNITY GROCERY &LIVEIWORK RETAIL — — DEVELOPMENT — J FUTURE RESIDENTIAL _ DEVELOPMENT F wm • III •� CSH4 USE AREA P0.rE a,oa R� PLAN Orchard Page 10 D. Existing Site Circulation Plan(dated: 5/7/21): CHINDEN IMPROVEMENTS PER STARS AGREEMENT �111 HIN111= ---- - - _ ------ ----------- IN -.- - '__ a uull�u� ............ Z Z LU LU I FUTURE OFFICE/RETAIL 0 O = _ DEVELOPMENT =8i eSg uuumu,l m, ------- --- Ir - I rrmnnl.rn Inuu I_ �..� ... ....I = FI a _ ml w _ LEI W NE_ CO ROADWAY lUU pp?y, ----_. �; \` ADJACENT PARCEL CTION POINT TO - I - \\\\�... Im BUS STOP �litlllllllliiillllll111 Ut i,\,,,`,, _ _ Hllf♦tiy -1I f11FHI111.....III11111111111111111111111111111111111111111111111111111111\\\\1: _ HpllllllUIIIIIDrI1Tlrfrnnrul111 uIIIHrIWm nlpum Dlr Dl U\\ __ _ - --_ ...L..n .�.F.. ...w.�IIL..G.. _ uu _ • _ rlllnr .............lrrinl IUIf`, EXTENSGROAOWAY SNlR IIIIIIIHmiGliii rr _ _ _ --,I................ III IIIII II IIIIIIIIIItl nnlll,nllllIN.I I Ill111111111 rrl lllnn'111111\ EXIST(ION IHIIIIIIII I1111, FUTURE RESIDENTIAL rllft� CONNECTION POINT TO 1, liii���imuu-= _ ,IIIInIllrnilll DEVELOPMENT rDt=_ III`III w,lll ADJACENT sueDlvlsloN ���r __ Il�alrl r11r51n 111.3.11 I mpnl°I pnr,run p I ru--le u_u_lrr ,ll( ECTI UIrinlr lllN 111'11On-1lrl 1rrIHHIiI_IU_U_''r.I_D IIf nOI UII OUR NWSTREETPER EISTING ROADWAY EXTENSION CONNON i �_— ACHD STANDARDS POINT TO ADJACENT SUBDIVISION CH CIRCULATION Orchard Pa �R�rE �,�, PLAN Park Page 1 1 E. Existing Phasing Plan(dated: 10/25/2018) 0 Mo I EA E--1 E--1 - ---------------- --------------- -- - -- ----------- -------- - - -- --- -- - - ---- -------------------------- ---------- ----- - - - -- --- --- -- - - -- - — - -- -- ------- - - - --- i , i EJTURE - LOT 13 -7 FUTURE-- �QEVELdPMENT� A He- i I _Y fir.. � .- .. .:..........:.. ruTURE -- - - YEkAFMENT47 - _-n i T-T-"TT-f-.....1 CSH(AAMIX PHASING D E R L I awn: PLAN �I a�i. Page 12 F. Existing Open Space Exhibit(dated: 1/14/2019) 'OPEN SPACE CALCIAATID CALCULATIONS WIFIf URE DEVELOPMENT AREA PROM OEO PHASE ONE:335,148 S.F. _ arl mcE _ _ fe�i.���m�eslxr rygxosr.-gomss*� , ar xomeam�. - - __ " M �a- �I-- � u - -I(TI I I ITI_ L I _ r.� � If { L. . .......... �-- 1 I— �-- J1 I I f. OPEN SPACE L I N D E R� plG kcal Fs1atP FZMers.NC ,� L� PLAN �- ,- Page 13 _ a n , 0 • I - � � ■ww■ �� wwww- _ � wwwww �_ � u H. Proposed Use Area Plan(dated: 5/31/23) • 31 MAY,2023 -- o MIXED RETAIL/HEALTHf —ENTERTAINMENTf MIXED o SPECIALTY RETAIL, ESTAU AI RESTAURANTS & BEVERAGE - - — FUEL_-I T -- aDmc��NTS RETI-FAMISYIHEALTF MVLTIAURAV/HEALTH/ — FINANCIAL _ --_- -_— .-. RESTAUEANTLOEEICE.._� oGy M TI . ..__I nII�I' Aa- . ....... .......__ I \ . II . I n Ca d I. If - VO eve\�Tm COMMUNITVGROCERV& LIVEMAR,RETAIL U Imp MEN, DEVELOPMENT _ u= 'n ® DEVELOPMENT MIXED RETAfLlHEALTHI o 'l ENTERTAINMENT!MIXED ___ RE MEDICAL/RESTAURANTS _ RETAIL/CNIG RETAILI HEALTHI - RESTAURANTS - RESTAURANTS]OFFICE r. &OFFICE 0 @ e Scale:1:100 OVERALL SITE PLAN O SD I pg.1 Page 15 I. Proposed Site Circulation Plan(dated: 3/29/23) � 129 MARCH,2023 I -CHINDEN IMPROVE I I1 IIp rr--- 7---�--- EMENT- - ---- ,,�_ ilmnnnrypin1lmmunnnnunummnununnnnunnmmmmmnnumnnnunmunnununununnunumnmummmlmmmmnrn Imlmllmlmlmlmlu�_ _ .� - {� --- ---T ulyuuunun ? OFFICE/RETAIL/ uN _ \p\l .... MIXED-USE/MULTI-FAMILY ne` a DEVELOPMENT o T i - ___ _•a —_ - --- -_ _- - _ HIM IF W e a. �d MIL-RUM 1 1 Nm'a Wnu�"llu•+'- �A`c �. ppttROADWAY = ONNECTION V TTO FARCEPOINT ADJACENT PARCEL - I LU - - "�W �o J lnuuuuwIMENT...................... '',mn - ``°- DEVELOPMENT = III - \\ RESIDENTIAL DEVELOP _ 1 IUI\\5 = ��I E)CrENSCROADWAYO MNNEGITON POINT TO `\111111111111111111111111111111111111111111411111111"1111111111111111111111111-_111111111111111111111111111111111111111111141N1111141111111111\\� V� Y AD AGENT SUBDIVISION 11k11111HlI41HIHH PPUT4111�11411\ =` IIIIIII IIIIII t IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII�11 11111STREET PER EXISTI NCROADWAYEXTENSIONGONNECTION LEGEND L _I ACHO STANDARDS POINT TO ADJACEm SUBDIVISION 111111111111 NEWVEHICUTARROABS 111111111111 PE—TRIANPATHS/51DEWAD6 �11111�IXISTNG VEHICULAR ROABS Scale:1:100 OVERALL SITE PLAN 5D pg.1 Page 16 J. Proposed Phasing Plan(dated: March 29,2023) 129 MARCH,2023 II Al -- �� i AM I ` W •" Z�\/CA ao. • 6 b e o o.. .. :— 1 -_-mil r - .. � � G I n _ I Scale:1:100 OVERALL SITE PLAN 0 S6 pg.I Page 17 K. Proposed Open Space Exhibit(dated: March 29,2023) I = i 29 MARCH,2023 OPEN SPACE CALLIJLATIOS: aasc a.xmo Mr CALCt1LATI0�S W/FNURE DEVELOPMENT AREA PROVIDED PHASE ONE_3Tfi,Z8fi S.F. ttrae II OFFICEIRETAIU rt MIXED-USE/MULTI-FAMILY - •i I - -- DEVELOPMENT 11 J�j 9 P 6 >m 2 - I Y-_ _-.---.-.--- _ - -'-' RESIDENTIAL - DEVELOPMENT RESIDENTIAL - DEVELOPMENT Scale:1:100 OVERALL SITE PLAN a SD pg.l Page 18 ProposedL. . - Plan fY�llir i i r HIT If M 7 Page M. Proposed Conceptual Elevations for The Collection&The Barn . , A9.91 s II I I A9.90 Page 20 4 4 44 444 y 4 444 44 4 4 I i I I I I I I T T I I I I I I T I Jowl ■ NE 000 Page 21 N. Staff Recommended Modifications to Existing Development Agreement Provisions: (Proposed changes shown in strike-out/underline format; all other provisions remain the same.) Staff recommends the following amendments to existing DA provisions: #5.1 a: "Future development of this site shall substantially comply with the concept site plan,use area plan, circulation plan, open space plan,phasing plan,preliminary plat, landscape plan and conceptual building elevations for the Mid Retail and Shops Retail Options The Collection and The Barn,and Residential Examples included in Exhibit A of the staff report that is attached to the Findings of Fact and Conclusions of Law, attached hereto as Exhibit`B";the conceptual building elevations for the Major Retail Option(i.e. WinCo)attached hereto as Exhibit"C"; and the conditions contained herein." #5.1k: "A minimum gross density of 6 units per acre shall be provided within the future residential development area depicted on the concept site plan on the south side of W. Orchard Park Dr." Staff recommends the following additional new DA provisions: #5.lp: "The overall residential gross density on Lots 12 and 13,Block 1,Linder Village Subdivision, shall be limited to a maximum of 15 units/acre based on the 13.66-acre area with a maximum building height of 3-stories. Where the development proposes public and quasi public uses to support the development above the minimum 5% the developer may be eligible for additional residential densities." #5.1Q: "The building footprint of structures shall be limited to a maximum of 30,000 square feet unless a structure contains a mix of both residential and office, or residential and commercial land uses,in accord with the Mixed-Use Community future land use designation in the Comprehensive Plan. Where the development proposes public and quasi public uses to support the development above the minimum 5% the developer may be eligible for an increase to the maximum building footprint." Page 22 E IDIAN.;--- Public Presentations and Documents LINDER VILLAGE MDA July 18, 2023 0005-2023-H Existing DENSITY and VARIETY family alley loads-singlefamily patio homes, and -attached, singlefamily -family homes include single-Singleand Olivia Apartments Nearby Selway ApartmentsCondos•Fourple xes•Duplexes•Townhomes•Apartments•family housing:-Variety of multi~ 200 unitsCadence 55+ Community~ 140 unitsSubdivisionSagarra~ 100 unitsLinder Springs~ 300 unitsPrelude at Paramount  “Each district shall, to the nearest extent possible, Existing Density of District 2 development, is already one of the densest areas.District 2, which encompasses the Orchard Park most recent federal decennial census.”contain the same number of people based on the Previously denied density Unit-Previous Denial of High Complex (2017)Unit Apt -200