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Home My WebLink About2023-08-22 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, August 22, 2023 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener ABSENT Councilman Joe Borton Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 1. Withdrawal Request for Linder Village (H-2023-0005), by CSHQA, located at Southeast corner of N. Linder Rd. and W. Chinden Blvd. Application Withdrawn Motion to grant withdrawal request made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 2. Public Hearing for Sessions Parkway Subdivision (H-2023-0030) by KM Engineering, LLP., located at 2700 N. Eagle Rd. Approved Application Materials: https://bit.ly/H-2023-0030 A. Request: Modified Development Agreement to amend the existing Development Agreement (H-2022-0046, Inst. #2022-033831) to allow one (1) building permit to be obtained prior to recordation of the plat and allowance for submittal of a Certificate of Zoning Compliance and Design Review application for subsequent proposed uses prior to recordation of the Plat; and a request for Council approval to reduce the buffer requirement in the C-G zoning district to residential uses to the east from 25-feet to a minimum of 8- feet. Motion to approve made by Councilwoman Strader, Seconded by Councilman Overton. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault Voting Nay: Councilman Cavener ORDINANCES \[Action Item\] 3. Ordinance No. 23-2029: An ordinance (Bordeaux Estates – H-2022-0062) Annexing a portion of land lying in the south half of the northeast quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; Rezoning 2.00 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) zoning district; Directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; Repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 4. Ordinance 23-2030: An ordinance amending Meridian City Code 11-3D-4, regarding signs; repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 5. Ordinance 23-2031: An ordinance repealing and replacing Meridian City Code section 13-2-6(C), regarding alcohol in City parks; repealing and replacing Meridian City Code section 13-2-6(S), regarding parking in city parks; repealing conflicting ordinances; and providing an effective date. Approved Motion made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault Voting Nay: Councilman Cavener 6. Ordinance 23-2032: An ordinance amending the title of title 7, Meridian City Code to “traffic and parking”; amending the title of title 7, chapter 1, Meridian City Code to “traffic code”; amending Meridian City Code section 7-1-2, regarding traffic infractions; repealing Meridian City Code sections 7-1-3 (regarding repairing vehicles in city streets), 7-1-4 (regarding emergency vehicles; restrictions near fire) and 7-1-5 (regarding school and city property); amending Meridian City Code section 7-1-6 (speed restrictions); repealing Meridian City Code section 7-1-7, regarding driving through funeral procession; amending Meridian City Code section 7-1-8, regarding u-turns; amending Meridian City Code section 7-1-9, regarding electric power-assisted scooters; amending Meridian City Code section 7-1-10, regarding center turn lanes; amending Meridian City Code section 7-1-11, regarding use of public or private property as a throughway; amending Meridian City Code section 7-1-12, regarding negligent driving; amending Meridian City Code section 7-1-13, regarding air compression brakes; repealing and replacing Meridian City Code section 7-2-1, regarding definitions; amending Meridian City Code section 7-2-2, regarding prohibited parking; amending Meridian City Code section 7-2-5, regarding parking on public streets other than alleys; amending Meridian City Code section 7-2-6, regarding parking on public property other than streets and alleys and parking in city parks; amending Meridian City Code section 7-2-7, regarding parking on city property where parking permit required; repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Overton. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 6:47 pm Meridian City Council August 22, 2023. A Meeting of the Meridian City Council was called to order at 6:02 p.m. Tuesday, August 22, 2023, by Council President Brad Hoaglun. Members Present: Brad Hoaglun, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. Members Absent: Robert Simison and Joe Borton. Also present: Chris Johnson, Bill Nary, Sonya Allen, Jeff Brown, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault _X—Luke Cavener Mayor Robert E. Simison Hoaglun: All right. I will call the City Council regular meeting to order. For the record today is Tuesday, August 22nd and it is 6:02 p.m. Our first item of business will be roll call attendance. Mr. Clerk. PLEDGE OF ALLEGIANCE Hoaglun: Our next item is the Pledge of Allegiance. Please rise as we say the Pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Hoaglun: Our community invocation will be given by Cindy Reese. Come on up and for those of you in attendance or online, please, join us in the community invocation or take this for -- as a moment of silent reflection. Reese: Our Heavenly Father, we are grateful for the opportunity to gather this day to do the will of the citizens and to be of service to them. We are especially thankful for the moisture that we received over the last few days. We are mindful, Father, of the children starting school and ask a blessing for their safety as they travel to and from and as they are in their schools. We ask a blessing upon the teachers that they will be led to know the things they can do to be at the greatest service to the children and help the children progress in their learning. We ask a blessing also upon our police and firemen that they will be protected as they serve those in the community. We are grateful for the ability to live in this country and to have a representative government that is of the people and for the people. We ask a blessing upon all of those in leadership positions Meridian City Council Work Session August 22,2023 Page 2 of 19 that they will be sensitive to thy promptings to know the right things to do to make this valley and this area the best that it can be for all of the families therein and we say these things and give thee thanks in the name of Thy Son Jesus Christ, amen. ADOPTION OF AGENDA Hoaglun: Thank you, Cindy. Next item on the agenda is adoption of the agenda. Do we have a motion to adopt the agenda? Cavener: Mr. President? Hoaglun: Councilman Cavener. Cavener: Move that we adopt the agenda as published. Overton: Second. Hoaglun: Have a motion and a second to adopt the agenda as published. Is there any discussion? All right. All those in favor say aye. Any nos? We have adopted the agenda. MOTION CARRIED: FIVE AYES. ONE ABSENT. PUBLIC FORUM — Future Meeting Topics Hoaglun: On the public forum, Mr. Clerk, it looks like we have a couple people signed up and I want to ask for the description of the topic, multi-family, Chinden Boulevard, is this the topic that's on the agenda? On -- is it Item No. 1, Linder Village? Yes. Okay. So, we will -- we will have you come and we will -- when we get to that point we will ask it -- we won't do it in this public forum. That's for just general miscellaneous topics. So, we will -- and that's Greg Hunter and Jason Hunter; correct? Okay. So, we will let you have -- we are going to take action on that. There is an issue with that. So, make sure you are aware. Okay. Thank you. So, Mr. Clerk, do we have anybody else online for -- Johnson: Mr. President, no, that was everyone. ACTION ITEMS 1. Withdrawal Request for Linder Village (H-2023-0005), by CSHQA, located at Southeast corner of N. Linder Rd. and W. Chinden Blvd. Hoaglun: Okay. Thank you. We will move on to Action Items. Item No. 1 is a withdrawal request for Linder Village located at the southeast corner of North Linder and West Chinden Boulevard. This was a hearing that was continued to October 3rd, Mr. Nary, and now they are asking for withdrawal. So, can you enlighten us? Meridian City Council Work Session August 22,2023 Page 3 of 19 Nary: Yes. So, Mr. President, Members of the Council, so it happens on rare occasions, but it happens on occasion that an applicant will decide to withdraw. The reason we have asked to put it on the agenda tonight for that consideration is the noticing for the October 3rd meeting is coming up. It hasn't been done yet and rather than incur the expense and time to notice a meeting, draw people's attention to come to the City Council meeting for withdrawal seemed like a lot of effort for both the public, as well as -- the -- the applicant and providing notice. So, the thought was if the -- if the Council's desire is to grant that withdrawal we grant that. We will, then, provide notice back in some form, probably through the website, probably through NextDoor, to let people know that the application has been withdrawn. But rather than go through the full hearing process -- because when you do our normal public hearing it looks like we are going to hear it where all we are here for is to withdraw it. It seemed like it would make more sense to simply move that along and do it this way. But you are certainly free to not take it up tonight and we would do the third -- reading on the 3rd. We will notice it up, we will make sure the notice indicates the request to withdraw it, but we just thought to expeditiously get this done with. Hoaglun: Any questions for Mr. Nary by Council? Cavener: Mr. President? Hoaglun: Yes, Councilman Cavener. Cavener: Bill, could we still do -- even if we accept the withdrawal could the city send out a notification like we normally would to the residents letting them know that this has been withdrawn? I understand typically we ask the applicant to pay for that, but in light of them I think trying to be proactive and save the disruption of neighbors lives, I appreciate that they are here tonight, but I also think that it's important that we get that information back out to them and I just -- I don't know what that process is. Nary: Yeah. We -- Mr. -- Mr. President, Members of the Council, Council Member Cavener, I mean certainly we can -- we will use the same mailing list of what we were going to mail out. We probably just need to change the wording of it to reflect the action that's been taken. But there is certainly no reason we can't do that if you would like us to do that. Like I said, we were trying to -- it appears that we are actually having a hearing when we are not. Cavener: Right. Yeah. Hoaglun: Any other comments, questions? No? Cavener: Mr. President, I will make a motion and maybe a quick commentary, because I know we had a couple of people who signed up to speak at a public forum about this, but because there is a request there isn't really a public hearing for us to take commentary on, because they are withdrawing the application. So, I don't want you to feel like that we are ignoring you, but rather the case of what is before us. So, Mr. Meridian City Council Work Session August 22,2023 Page 4 of 19 President, I move that we grant the withdrawal request for Linder Village, H-2023-0005, and request that the clerk's office send out communication to our mailing list that surrounds that proposed development informing those residents that this application has been withdrawn and there will not be a public hearing for it on October 5th. Strader: Second. Overton: Second. Hoaglun: All right. We have a motion and a second to withdraw -- agree to the withdrawal request, as well as to notify the residents that it has been withdrawn, if Council votes that way. So, I'm assuming, Mr. Clerk -- or, Mr. Nary, we have to take a roll call vote on withdrawals or is that a voice vote? Nary Voice vote. Hoaglun: Okay. Voice vote on that. So, all those in favor of the withdrawal request being granted signify by saying aye. Any opposed? All ayes. Motion carries. So, they have officially withdrawn that request to move forward. MOTION CARRIED: FIVE AYES. ONE ABSENT. Nary: Mr. President? Hoaglun: Councilman -- or Mr. Nary. Nary: Mr. President, Members of the Council, one other -- one other addition. Mr. Johnson and I have already spoken, so on the October 3rd agenda we will still note it there, but note it was withdrawn on this date. So, even if the only place you followed along was the agendas you would see it and notice that it was withdrawn. Hoaglun: Okay. So, the Hunter folks can go back and say they successfully oversaw the withdrawal of the request. The third time's a charm. Great. Thank you. 2. Public Hearing for Sessions Parkway Subdivision (H-2023-0030) by KM Engineering, LLP., located at 2700 N. Eagle Rd. A. Request: Modified Development Agreement to amend the existing Development Agreement (H-2022-0046, Inst. #2022-033831) to allow one (1) building permit to be obtained prior to recordation of the plat and allowance for submittal of a Certificate of Zoning Compliance and Design Review application for subsequent proposed uses prior to recordation of the Plat; and a request for Council approval to reduce the buffer requirement in the C-G zoning district to residential uses to the east from 25-feet to a Meridian City Council Work Session August 22,2023 Page 5 of 19 minimum of 8-feet. Hoaglun: Up next is a public hearing for H-2023-0030, the Sessions Parkway Subdivision. Sonya, what do you have for us tonight? Allen: Mr. Mayor -- or Mr. Mayor is not here. Council President Hoaglun, Council, Sonya has a presentation for you tonight for Sessions Parkway development agreement modification application. This property is located at 2700 North Eagle Road on the east side of Eagle, approximately a third of a mile south of East Ustick Road. A little history on this property. A development agreement was recently approved for this site in June that included two options for conceptual development plans for the property and other provisions related to future development of the site. A final plat was approved earlier this year for this property. That's in the signature process. The Comprehensive Plan future land use map designation for the property is mixed use regional. The applicant is requesting an amendment to the existing development agreement to allow one building permit to be obtained prior to recordation of the plat and allowance for submittal of a certificate of zoning compliance and design review application for subsequent proposed uses prior to recordation of the plat and request for City Council approval of a reduction of the buffer requirement in the C-G zoning district to residential uses to the east from 25 feet to a minimum of eight feet. While it's preferred that a subdivision plat is recorded prior to submittal of a certificate of zoning compliance and design review applications and subsequent building permit applications to ensure compliance with dimensional standards and construction of improvements for the overall site, it is not a UDC requirement. Therefore, staff is amenable to the request provided that all of the street buffer landscaping along North Eagle Road, State Highway 55, including the ten foot wide multi-use pathway and pedestrian lighting and the backage road along North Eagle Road from the north to the south boundary with connections to Eagle Road and the development to the east are completed prior to issuance of the first certificate of occupancy within the development as would be required if the property was not being subdivided. Staff has included these requirements as a provision of the amended development agreement in Section 6-B of the staff report. This reduction, if approved, would apply for hotel development on the site, development option number two in the development agreement. A reduction to the buffer width does not affect -- I got my thing out of order here. I am so sorry. I was trying to figure this out as I was talking and I just realized -- I'm going to back up a little bit. Pardon me. The applicant is also requesting City Council approval of a reduction of the buffer requirement in the C-G district to multi- family residential uses, which are apartments to the east from 25 feet to a minimum of eight feet as allowed by the UDC with notice to surrounding property owners. This reduction, if approved, would only apply if a hotel develops on the site, which is option number two in the development agreement. If the property develops in accord with option number one, the full buffer width would be provided. A reduction to the buffer width does not affect building setbacks. All structures are required to setback from the property line a minimum of the buffer width required in the district, which is 25 feet. A seven foot wide perimeter buffer is being provided on the property to the east along the shared property line, which would result in a total buffer width of 15 feet if Council approves the reduced buffer width proposed. A mix of trees, one per 35 linear feet and Meridian City Council Work Session August 22,2023 Page 6 of 19 shrubs, are being provided within the buffer as shown on the approved landscape plan. And that is the one there on the lower right. With the perimeter buffer parking, a drive aisle and pedestrian walkway, a minimum of 75 feet is being provided between the shared property line and the nearest residential structure to the east. All buffers to residential uses are required to be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative ground cover that results in a barrier that allows trees to touch within five years of planting. Trees that will not touch until maturity outside of this time frame must be supplemented with additional materials, such as tall columnar evergreen shrubs or other qualifying materials. Where proposed adjacent land uses cannot be adequately buffered with plant materials, the city may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six foot tall is provided the planting requirement may be reduced to a minimum of one tree per 35 linear feet, plus shrubs, lawn, or other vegetative ground cover. There is a ten foot wide pressure irrigation easement that runs along the east boundary of this site, which may prohibit trees. If so alternative compliance should be requested to the buffer material standards in the UDC. Staff recommends at least a portion of the required trees be provided within the perimeter buffer on the adjacent property to the east, which is also under ownership by the same developer resulting in a barrier that allows trees to touch within five years of planting to screen the residential uses from the hotel. The remainder of the required trees could be planted elsewhere within the site. Staff is of the opinion the reduced buffer width planted with extra trees that result in a barrier combined with the distance to the nearest residential structures provides an adequate buffer to the future residential uses from the proposed hotel. If Council believes additional buffering of the residential property is needed a wall or fence at least six foot tall could be required on the shared property line. Development plan options one and two in the development agreement depict a north-south pathway within the perimeter buffer along the eastern boundary of the site and pedestrian connections to the east to the multi-family development, which is currently in the development process at the north and south boundaries of the site. Staff is of the opinion the pathway would be better utilized if it were located along the west -- excuse me -- the east side of the main north-south drive aisle in the commercial portion of the development, rather than on the shared property line between the commercial and residential development. I'm going to show you with the cursor right here where I'm talking about. It's this -- this driveway right here. The sidewalk shown on the concept plan, the development agreement, is along the east boundary right here. To better accommodate the pathway in this location and the hotel, staff recommends a lesser buffer width of five feet is provided along the east boundary, which would total 12 feet with a seven foot wide buffer on the adjacent residential property, with a minimum four foot wide sidewalk along the east side of the drive aisle. Staff further recommends decorative crosswalks are provided across internal drives where walkways are proposed for pedestrian safety. Pedestrian walkway connections should still be provided to the residential property to the east at the north and south ends of the site as depicted on the concept plans in the development agreement. Staff is recommending changes to the development agreement accordingly. Written testimony was received from Stephanie Hopkins, KM Engineering, the applicant's representative. They are in agreement with the staff recommendation in the staff report and staff is recommending Meridian City Council Work Session August 22,2023 Page 7 of 19 approval with the provisions noted in the report. The applicant is here tonight to present testimony. Thank you. Hoaglun: Thank you. Any questions for staff? Strader: Mr. President? Hoaglun: Council Woman Strader. Strader: Thank you. Thank you, Sonya. Can you just explain a little bit the rationale of the relocation of the pathway and why staff feels that that is a better location? Allen: Yes. Madam Councilman. The pathway along the east side of the main north- south drive aisle -- if you can see on the site plan that's on the lower right hand, this is the entire site here. The hotel is planned on the eastern boundary of the site. This is going to carry this drive aisle along the west boundary of that hotel, which is right here -- is going to carry most of the traffic through the development. The sidewalk plan between the commercial and the residential is just clear over here on the east boundary and there are no pedestrian facilities that run north-south in the commercial portion. Hoaglun: Any other questions for staff? If not, would the applicant like to give your name and address. Hopkins: Thank you, Mr. President, Council. Stephanie Hopkins with KM Engineering. 5725 North Discovery Way in Boise. Thank you for having us here this evening. It's nice to see you all and thank you to staff for doing such a great job of summarizing our request. We have been coordinating with her quite a bit in the past couple of weeks trying to kind of work through some of these conditions and just trying to make the site work with the second concept plan in the development agreement. So, I think -- I have a presentation. I think -- okay. We came before you in January of this year with a development agreement modification on the subdivision for Sessions Parkway. You approved it at that point and with two concept plans, as Sonya mentioned. This -- tonight we are going to be discussing development agreement modification that will apply primarily to the second concept plan, which is the extended stay hotel concept. There is actually a conditional use permit that will be heard by Planning and Zoning Commission on September 7th for that application. So, the site plan changes anything that kind of occurs this evening, if approved, would go forward with that site plan. Just to get you situated, I think, you know, where we are, we are just to the west of the Village Apartments on the east side of Eagle and south of commercial development, north of Regency at River Valley and River Valley Road. This is the -- this is the concept plan that was approved with the development agreement. Basically exactly the same, but as Sonya was kind of discussing, there was a pathway that was approved on the east side that we have now relocated to the west side of the site adjacent to the north-south drive aisle. We -- initially when we were proposing this concept plan we had kind of conceptually laid things out as we had been working with the hotel user, the site's a little bit tighter for the amount of landscaping they would want to have adjacent Meridian City Council Work Session August 22,2023 Page 8 of 19 to the building, as well as other pedestrian pathways and so that's the primary reason for the decreased buffer width that we were requesting on the east side. So, as mentioned we are requesting two modifications to provisions in the development agreement. The first one is the subject property shall be subdivided prior to submittal of the first certificate of zoning compliance and building permit for the property. We are requesting that we can -- that the developer could get a building permit prior to plat recordation and the -- the flexibility to allow tenants -- or future tenants to apply for a certificate of zoning compliance and design review prior to the plat recording. We are working -- the reason for this is the frontage on State Highway 55 is ITD jurisdiction, so they need to review and they are pretty backlogged and busy, so it's been challenging to get through their review process in a quick amount of time. So, we just want the flexibility really to be allow -- to allow future tenants to kind of get their approvals in place before committing to a site and knowing that they want to locate here. Second. And this is just kind of giving you an overview of -- this is the State Highway 55 frontage. We have been working with ITD in getting it -- we actually recently got our plans approved, so the plat is moving forward. But the provisions -- modifying the provisions will still be helpful for the developer moving forward. The second DA provision that we would like to request to be changed is the 25 foot landscape buffer that we were discussing. The primary reason for this is the site is just pretty compact and it's difficult to fit the hotel's footprint, as well as the -- like increased buffers from the edge of their buildings to the parking and so in order to accommodate that we have kind of squeezed everything and given the use of an extended stay hotel and The Village apartment use. We figured that those uses are pretty consistent and compatible, residential in feel, and a reduced buffer here would make sense, but it would also provide us the opportunity to relocate a pathway onto the west side of the property to provide an additional pedestrian connection, as Sonya was talking about. So, you have a graphic that -- think this might be the old presentation. That doesn't have the new graphic. I created a graphic just to show the different dimensions to kind of depict exactly how far away the buildings are from each other and, then, parking areas and landscape areas, too. So, think that will be useful to review. Council Members, can you see this? Either would bring up the exhibit. Do the exhibit. Of the PowerPoint. Okay. So, this depicts how far away everything is from each other. So, there is about 15 feet. We -- so, I guess I should mention we have started to revise the landscape plan and our site plan in accordance with Sonya's recommendations, just to make sure that everything will fit and that we could accommodate the buffers, as well as landscaping within the buffers. And so we have started to shift the site based on the five feet on the east side that she's recommending to you all and so this is reflective of those changes as we have kind of gone through. As you can see it does show the sidewalk connection on the far west side adjacent to the drive aisle, as well as connections to the north, so -- and, then, there was another condition that had required a connection of the sidewalk here that we have added as well. So, the -- the total landscape buffer between properties -- for the Village Apartments property and the Sessions Parkway property at the north part of the property would be 15 feet. Distance between the edge of the hotel building to the edge of the further -- the farthest most west apartment building would be about 176 feet. There is about 87 feet between the edge of the hotel to the property line and about 12 feet on the south side between the -- the land landscape buffer between the properties Meridian City Council Work Session August 22,2023 Page 9 of 19 -- between the Sessions Parkway property and the Village Apartments property. There is a little bit of a jog in the property line, so it kind of goes bigger on top to smaller on the bottom. So, looking at these distances we feel that the decreased landscape buffer is appropriate and will work well with the development. The pressurized irrigation line that Sonya mentioned is private, so there is an opportunity to locate trees within that easement and we will work on locating them in a way that won't conflict -- conflict with existing trees, as well as the -- the pressurized irrigation line itself. That's something we will continue to coordinate with them on. I think, yeah, that's the extent of our request. The developer is here this evening if you have any questions for either him or I he can come up and discuss further. Thank you. Hoaglun: Thank you, Stephanie. Council, questions? Perreault: Mr. President? Hoaglun: Council Woman Perreault. Perreault: Thank you. Hi, Stephanie. Hopkins: Hi. Perreault: So, if we were -- if -- if this was a three dimensional image here and we were standing on the south looking, you know, right on the property line looking at the two properties we would see the back garage that -- I'm assuming these are garages here on the very west side of the -- of the apartments. We have the back garage and, then, we would have 15 feet of landscape buffer and, then, we would have a curb and, then, we would have the parking lot and so that landscape buffer you are saying -- so, it's truly 15 feet of landscape buffer, not including curbing and, you know, I want to understand what is that -- like the landscape buffer, the current -- you know. So -- Hopkins: Mr. President, Council Woman Perreault, that would be -- that would be strictly landscaping. So, on the south side it's actually 12 feet from curb to curb on the inside. So it's just landscaping. And, then on the north side it's 15. Perreault: Okay. So -- and which portion of this -- or how much of this is not able to be treated as it is? Is there an easement that runs like the full length north to south and you can add trees on the sides or are we talking about not allowing any trees in that entire 15 feet section? Hopkins: Mr. President, Council Woman Perreault, the ten foot PI easement is -- it kind of encroaches actually into the parking. We can't see it here, but it comes in probably about two or three feet into the parking, because it's -- because we have shifted the landscape buffer over essentially. So, we can locate -- because it's a private line we can locate things over it and within it. We will just need to make sure that we are not hitting the pipe itself or we are conflicting with the existing trees that have already been installed. So, we will need to look at that a little bit more just to make sure that we are Meridian City Council Work Session August 22,2023 Page 10 of 19 kind of spacing them accordingly. But I don't think we will have a problem meeting the requirements. The one -- I think it's one per 35 feet. Sonya; is that correct? Okay. Hoaglun: Any other questions for the applicant? Council Woman Strader. Strader: Thank you. Thanks for being with us. Can you just refresh my memory as to the height of the hotel and the height of the apartments? Hopkins: Mr. President, Council Woman Strader, so the apartments -- and I may have to ask Trevor for help on that, because I can't remember off the top of my head, but the hotel is four stories. I want to say it's right around like 35 feet. I could look at my computer and tell you for sure. Okay. So, they are both four stories. Strader: Mr. President? Hoaglun: Council Woman Strader. Strader: Thank you. That's very helpful. And, then, I believe the multi-family apartments when you came last time were still unoccupied. Is that still the case? Okay. So, it's not as if someone will wake up and find a wall -- Hopkins: Yeah. No. Strader: -- where there wasn't one before. Hopkins: Mr. President, Council Woman Strader -- Council Woman Strader, they are currently being constructed, but not occupied and, yes, you are correct, they won't be surprised. Strader: I appreciate that. Thank you. Hoaglun: Any other questions? All right. Thank you, Stephanie. Hopkins: Thank you. Hoaglun: I don't see anybody in the audience. We don't have anybody signed up. Nobody online that is a private citizen to testify. So, Council, what's your pleasure? Strader: Mr. President? Hoaglun: Council Woman Strader. Strader: Happy to kick off the discussion. It seems to me like it's pretty straightforward in this case to make an exception to our typical landscape buffer. I thought that the conditions that staff had placed were reasonable. I'm happy to hear if anyone has a different opinion before we close the public hearing. Meridian City Council Work Session August 22,2023 Page 11 of 19 Cavener: Mr. President? Hoaglun: Councilman Cavener. Cavener: I do have a little bit different view on this and no disrespect, Stephanie. It's nice seeing you. Appreciate you. I don't agree with the argument that visitor housing in a hotel is the same type of use as apartments. These are our residents and I appreciate what you are trying to accomplish. I -- I'm just not supportive of -- I'm not supportive of condition 8-A-1 C with the landscape buffer reduction. I think that what we approved is appropriate and does provide ample space and distance, both in terms of activity, as well as noise and vision, as proposed. So, I just have a different view. I think that what was presented what was approved is -- is appropriate. Overton: Mr. President? Hoaglun: Councilman Overton. Overton: Hearing both views when it was first proposed looking at the distances between buildings I had no concerns with this change to the development agreement. I echo the thoughts that Council Member Strader had, but I don't have a problem with this limited landscaping buffer to accomplish their goals. I would be in favor of it. Hoaglun: And just to chime in, I -- I appreciated Council Woman Perreault pointing out the fact that there is garages there that kind of -- that adds to that -- that buffer. That does make a difference. It's not just open, but there is a -- basically a wall there. So makes sense. Perreault: Mr. President? Hoaglun: Council Woman Perreault. Perreault: I'm just sitting here trying to envision this, because this is a really unique grouping of, you know, structures and uses and -- and with hotels, you know, I think they are -- in my opinion there is -- there is a safety element of just folks coming and going and so I just wanted to make sure that there wasn't -- that there was an open space and there was a suggestion that -- that count -- at Council's pleasure we could recommend a fence, but I actually think that would probably create a safety issue to have a fence and, then, have the garage walls and have this space -- space in between that's empty. I would invite -- with the Council President's permission, our police -- if our police have any concerns about that to share their thoughts. But I have -- I do have a little bit of -- of concern to Councilman Cavener's point of just this -- this is a pretty narrow 15 feet between, you know, a use that could have different safety elements than residential. Any thoughts there? Hoaglun: Lieutenant Brown, go ahead. Meridian City Council Work Session August 22,2023 Page 12 of 19 Brown: Council President, Council Members, I don't -- I don't have any comment on this. Hoaglun: Council, other questions? Comments? Strader: Mr. President? Hoaglun: Council Woman Strader. Strader: No further thoughts, I move that we close the public hearing. Cavener: Second. Hoaglun: Have a motion to close the public hearing on Item 2023 -- H-2023-0030. All those in favor signify by saying aye. Any opposed? The public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: Council Woman Strader. Strader: Happy to make a motion. After considering all staff, applicant, and public testimony I move to approve File No. H-2023-0030 as presented in the staff report for today's hearing date with the conditions that were listed by staff. Just a little additional commentary. You know, I -- to me it is a pretty limited exception in this case. I'm generally not a fan of changing buffers, but in this case the joint ownership of both adjoining properties to me was a little bit of what swayed me in favor of it. Overton: Second the motion. Hoaglun: Motion and second to approve the request by the applicant. Mr. Clerk, could you, please, call roll? Johnson: Thank you, Mr. President. Strader. Strader: Aye. Johnson: Overton. Overton: Aye. Johnson: Perreault. Perreault: Mr. President, is there open for discussion about -- Hoaglun: No, we are in the middle of the roll call, so -- Meridian City Council Work Session August 22,2023 Page 13 of 19 Perreault: But usually there is a call for discussion after a motion is made. Hoaglun: That's true. I did not do that. So, with the -- with the request -- Strader: The maker -- the maker of the motion would withdraw the motion for now in the interest of discussion always, because I always appreciate hearing what my colleagues have to say. Hoaglun: Second agrees? Overton: Second agrees. Hoaglun: All right. Thank you for the grace of the rookie mistake. So, discussion on the motion. Well, on the upcoming motion now, so -- Perreault: Mr. President, could -- does discussion allow me to ask staff a question that I didn't get to ask after the applicant made their presentation? Thank you. Sonya, I just want to throw a basic question. I just want to understand -- because I haven't seen this wording before. What results -- what are trees that are appropriate to touch within five years of planting and how is that different from what is typically accepted? Because that -- that seems like a condition that would be hard to track I guess. How does the city, you know, decide what is a tree that is five years -- touching in five years? Allen: Council Woman Perreault, Council, the landscape architect -- they have qualifications when they -- you know, to make those choices and tree choices, class choices, they have different class of trees that grow to different heights and different widths. So, based on their qualifications as a landscape architect they make those decisions and so that's -- that specific requirement is -- is a standard in our code for buffers to adjacent residential land uses. That's where that comes from. Hoaglun: Council Woman Perreault. Perreault: Thank you. Clarification question. So, is that -- is -- in our code is that a buffer that's typically 25 feet, ten feet? Residential buffers are ten feet; right? The residents. We are talking about shrinking a commercial buffer. So, is this standard the same as what is in a commercial buffer normally? Allen- Landscape buffers to residential uses, the widths are based on the dimensional standards of the district in which they were located. So, they vary. For instance, the C-G district requires a minimum 25 foot buffer to residential uses. The L-O district is less. Perreault: Okay. Thank you. Hoaglun: Any further comments from Council? Hearing none, Council Woman Strader. Meridian City Council Work Session August 22,2023 Page 14 of 19 Strader: Mr. President, thank you. I move that we -- did we open the public hearing again? No, we didn't. Okay. I will go ahead and make a motion again. After considering all staff, applicant, and public testimony to approve File No. H-2023-0030 as presented in the staff report for today's hearing date of August 22nd, 2023, with the conditions as outlined by staff. Overton: Second. Hoaglun: Have a motion and a second on this item. Is there any further discussion? Hearing none, Mr. Clerk, will you, please, call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, nay; Perreault, yea; Strader, yea; Overton, yea. Hoaglun: Four ayes. One no. Motion carries and the item is approved. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. ORDINANCES [Action Item] 3. Ordinance No. 23-2029: An ordinance (Bordeaux Estates — H-2022- 0062) Annexing a portion of land lying in the south half of the northeast quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; Rezoning 2.00 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) zoning district; Directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; Repealing conflicting ordinances; and providing an effective date. Hoaglun: Up next we have Ordinance -- Ordinance No. 23-2029. Mr. Clerk, could you read this ordinance by title only? Johnson: Thank you, Mr. President. It's an ordinance relating to Bordeaux Estates, H- 2022-0062, annexing a portion of land lying in the south half of the northeast quarter of Section 25, Township 4 North, Range 1 West, Boise meridian, Ada county, Idaho, more particularly described in Exhibit "A"; rezoning two acres of such real property from RUT to R-8 zoning district; Directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Meridian City Council Work Session August 22,2023 Page 15 of 19 Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; Repealing conflicting ordinances; and providing an effective date. Hoaglun: Is there anyone that would like to be -- would like this ordinance read in whole? Seeing none, Mr. Clerk, please, call the roll. Johnson: Mr. President, I believe we need a motion. Hoaglun: Oh, that's right. We need a motion. Forgot about that part. Perreault: Mr. President? Hoaglun: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 23-2029. Strader: Second. Hoaglun: Have a motion and a second. Mr. Clerk, please, call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. 4. Ordinance 23-2030: An ordinance amending Meridian City Code 11- 3D-4, regarding signs; repealing conflicting ordinances; and providing an effective date. Hoaglun: Mr. Clerk, would you, please, read the title for Ordinance 23-2030. Johnson: Thank you, Mr. President. This is an ordinance amending Meridian City Code 11-3D-4, regarding signs; repealing conflicting ordinances; and providing an effective date. Hoaglun: So, this has been read by its title. Any request to read it in whole? Hearing none, do we have a motion? Perreault: Mr. President? Hoaglun: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 23-2030. Meridian City Council Work Session August 22,2023 Page 16 of 19 Cavener: Second. Hoaglun: Have a motion and a second to approve Ordinance 23-2030. Mr. Clerk, would you, please, call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. 5. Ordinance 23-2031: An ordinance repealing and replacing Meridian City Code Section 13-2-6(C), regarding alcohol in City parks; repealing and replacing Meridian City Code section 13-2-6(S), regarding parking in city parks; repealing conflicting ordinances; and providing an effective date. Hoaglun: And now Item No. 5, Ordinance 23-2031. Mr. Clerk, could you read this by title. Johnson: Thank you, Mr. President. It's an ordinance repealing and replacing Meridian City Code Section 13-2-6(C), regarding alcohol in city parks; repealing and replacing Meridian City Code Section 13-2-6(S), regarding parking in city parks; repealing conflicting ordinances; and providing an effective date. Hoaglun: This ordinance has been read by title only. Is there any request to have it read in whole? Hearing none, any discussion? Mr. Clerk, please, call the roll. I'm sorry. a motion. Here we go. Council Woman Perreault. I'm just trying to -- you know. Council Woman Perreault. Perreault: I move that we approve Ordinance No. 23-2031. Strader: Second. Hoaglun: Have a motion and a second to approve the ordinance. Any discussion? Hearing none, Mr. Clerk, please, call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, nay; Perreault, yea; Strader, yea; Overton, yea. Hoaglun: All ayes. Motion carries. I'm sorry. Four to one. Motion carries. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. Meridian City Council Work Session August 22,2023 Page 17 of 19 6. Ordinance 23-2032: An ordinance amending the title of Title 7, Meridian City Code to "traffic and parking"; amending the title of Title 7, Chapter 1, Meridian City Code to "traffic code"; amending Meridian City Code Section 7-1-2, regarding traffic infractions; repealing Meridian City Code Sections 7-1-3 (regarding repairing vehicles in city streets), 7-1-4 (regarding emergency vehicles; restrictions near fire) and 7-1-5 (regarding school and city property); amending Meridian City Code Section 7-1-6 (speed restrictions); repealing Meridian City Code Section 7-1-7, regarding driving through funeral procession; amending Meridian City Code Section 7-1-8, regarding u- turns; amending Meridian City Code Section 7-1-9, regarding electric power-assisted scooters; amending Meridian City Code Section 7-1- 10, regarding center turn lanes; amending Meridian City Code Section 7-1-11, regarding use of public or private property as a throughway; amending Meridian City Code Section 7-1-12, regarding negligent driving; amending Meridian City Code Section 7-1-13, regarding air compression brakes; repealing and replacing Meridian City Code Section 7-2-1, regarding definitions; amending Meridian City Code Section 7-2-2, regarding prohibited parking; amending Meridian City Code Section 7-2-5, regarding parking on public streets other than alleys; amending Meridian City Code Section 7-2-6, regarding parking on public property other than streets and alleys and parking in city parks; amending Meridian City Code Section 7-2- 7, regarding parking on city property where parking permit required; repealing conflicting ordinances; and providing an effective date. Hoaglun: Item No. 6, Ordinance 23-2032. Mr. Clerk, could you, please, read this ordinance by title. Johnson: Thank you, Mr. President. This is a longer one here. It's an ordinance amending the Title 7, Meridian City Code to "traffic and parking"; amending the title of Title 7, Chapter 1, Meridian City Code to "traffic code"; amending Meridian City Code Section 7-1-2, regarding traffic infractions; repealing Meridian City Code Sections 7-1-3 regarding repairing vehicles in city streets, 7-1-4 regarding emergency vehicles; restrictions near fire and 7-1-5 regarding school and city property; amending Meridian City Code Section 7-1-6 speed restrictions; repealing Meridian City Code Section 7-1-7, regarding driving through funeral procession; amending Meridian City Code Section 7-1- 8, regarding U-turns; amending Meridian City Code Section 7-1-9, regarding electric power-assisted scooters; amending Meridian City Code Section 7-1-10, regarding center turn lanes; amending Meridian City Code Section 7-1-11, regarding use of public or private property as a throughway; amending Meridian City Code Section 7-1-12, regarding negligent driving; amending Meridian City Code Section 7-1-13, regarding air compression brakes; repealing and replacing Meridian City Code Section 7-2-1, regarding definitions; amending Meridian City Code Section 7-2-2, regarding prohibited parking; amending Meridian City Code Section 7-2-5, regarding parking on public streets other than alleys; amending Meridian City Code Section 7-2-6, regarding parking Meridian City Council Work Session August 22,2023 Page 18 of 19 on public property other than streets and alleys and parking in city parks; amending Meridian City Code Section 7-2-7, regarding parking on city property where parking permit required; repealing conflicting ordinances; and providing an effective date. Hoaglun: You have heard this ordinance read by title only. Is there any desire to have the whole ordinance read? Hearing none, is there a motion? Perreault: Council President? Hoaglun: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 23-2032. Overton: Second. Hoaglun: Have a motion and a second to approve. Is there any discussion? If not, Mr. Clerk, would you, please, call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: Next item is future meeting topics. Any discussion? Strader: Mr. President? Hoaglun: Council Woman Strader. Strader: Yes. Thank you. Just a future meeting topic. I think it would be fantastic if we had each department present the next five years CFP for us this fall and that would I think help us get a little more visibility into the CFP as we have discussed during the budgeting process. Hoaglun: Okay. Thank you. Anything else? Cavener: Mr. President? Hoaglun: Yes, Councilman Cavener. Cavener: Did a nice job steering the ship for us tonight. Appreciate having you at the helm. Well done. Hoaglun: A little speedboat action there. Meridian City Council Work Session August 22,2023 Page 19 of 19 Cavener: Mr. -- Mr. President? Hoaglun: Councilman Cavener. Cavener: I would point out that we are done before 7:00 o'clock and the Mayor's not here. So we have I think a good scapegoat for why meetings go long. Mr. President, move with that we adjourn the meeting. Hoaglun: Motion to adjourn. All those in favor signify by saying aye. All ayes. Motion carries. We are adjourned. MEETING ADJOURNED AT 6:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Mayor Robert E. Simison 9-5-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 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. a I {7 7 CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: August 22, 2023 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic. Please observe the following rules of the Public Forum: • DO NOT: o Discuss active applications or proposals pending before Planning j 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 Topie C'� my� lil - i i E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 City Council Meeting August 22, 2023 Item #2: Sessions Parkway Reduced BufferProposed Proposed Landscape Plan for HotelApproved Landscape Plan for Village Apartments ModificationDevelopment Agreement Changes to Agenda: None Item #1: Linder Village (H-2023-0005) – Applicant requests withdrawal of their application to amend the existing DA to include a new rd conceptual development plan scheduled to be heard on October 3. Item #2: Session’s Parkway – MDA (H-2023-0030) Application(s): Development Agreement Modification Location: This property is located at 2700 N. Eagle Rd. on the east side of Eagle, approximately 1/3 mile south of Ustick Rd. History: A DA was approved for this site in June of this year that included two (2) options for conceptual development plans for the property and other provisions related to future development of the site. A final plat was approved earlier this year for this property that’s in the signature process. Comprehensive Plan FLUM Designation: Mixed Use – Regional Summary of Request: Amendment to the existing DA to allow (1) building permit to be obtained prior to recordation of the plat & allowance for submittal of a Certificate of Zoning Compliance & Design Review application for subsequent proposed uses prior to recordation of the plat; and request for Council approval of a reduction of the buffer requirement in the C-G district to residential uses to the east from 25’ to a minimum of 8’. While it’s preferred that a subdivision plat is recorded prior to submittal of CZC & DR applications and subsequent building permit applications to ensure compliance with dimensional standards and construction of improvements for the overall site, it’s not a UDC requirement. Therefore, Staff is amenable to the request provided all of the street buffer landscaping along N. Eagle Rd./SH-55, including the 10-foot wide multi-use pathway and pedestrian lighting; and the backage road along N. Eagle Rd./SH-55 from the north to the south boundary, with connections to N. Eagle Rd./SH-55 and the development to the east, are completed prior to issuance of the first Certificate of Occupancy within the development as would be required if the property wasn’t being subdivided. Staff has included these requirements as a provision of the amended DA in Section VI.B of the staff report. This reduction, if approved, would only apply if a hotel develops on the site (i.e. development Option #2 in the DA). A reduction to the buffer width does not affect building setbacks; all structures are required to be set back from the property line a minimum of the buffer width required in the district. Note: If the property develops in accord with the Option #1 conceptual development plan in the DA, the full 25-foot wide buffer will be provided. The Applicant also requests City Council approval of a reduction of the buffer requirement in the C-G district to multi-family residential uses (i.e. apartments) to the east from 25’ to a minimum of 8’ as allowed by the UDC with notice to surrounding property owners. This reduction, if approved, would only apply if a hotel develops on the site (i.e. development Option #2 in the DA); if the property develops in accord with Option #1, the full buffer width will be provided. A reduction to the buffer width does not affect building setbacks; all structures are required to be set back from the property line a minimum of the buffer width required in the district. A 7-foot wide perimeter landscape buffer is being provided on the property to the east along the shared property line, which would result in a total buffer width of 15’ if Council approves the reduced buffer width proposed. A mix of trees (1 per 35 lineal feet) and shrubs are being provided within the buffer as shown on the approved landscape plan. With the perimeter buffer, parking, a drive aisle and pedestrian walkway, a minimum of 75-feet is being provided between the shared property line and the nearest residential structure to the east. All buffers to residential uses are required to be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover that results in a barrier that allows trees to touch within (5) years of planting. Trees that will not touch until maturity outside of this timeframe must be supplemented with additional materials such as tall columnar evergreen shrubs, or other qualifying materials. Where proposed adjacent land uses cannot be adequately buffered with plant material(s), the City may require inclusion of a wall, fence or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least 6-foot tall is provided, the planting requirement may be reduced to a minimum of one (1) tree per 35 linear feet, plus shrubs, lawn, or other vegetative ground cover. There is a 10-foot wide pressure irrigation easement that runs along the eastern boundary of this site which may prohibit trees. If so, alternative compliance should be requested to the buffer material standards listed in UDC 11-3B-9C.1. Staff recommends at least a portion of the required trees be provided within the perimeter buffer on the adjacent property to the east resulting in a barrier that allows trees to touch within five (5) years of planting to screen the residential uses from the hotel; the remainder of the required trees could be planted elsewhere within the site. Staff is of the opinion the reduced buffer width planted with extra trees that result in a barrier combined with the distance to the nearest residential structures, provides an adequate buffer to the future residential uses from the proposed hotel use. If Council believes additional buffering of the residential property is needed, a wall or fence at least 6-foot tall could be required on the shared property line. Development plan Options #1 and #2 in the DA, depict a north/south pathway within the perimeter buffer along the eastern boundary of the site and pedestrian connections to the east to the multi-family development (currently in the development process) at the north and south boundaries of the site. Staff is of the opinion the pathway would be better utilized if it were located along the east side of the main north/south drive aisle in the commercial portion of the development rather than on the shared property line between the commercial and residential development. To better accommodate the pathway in this location and the hotel site plan (i.e. Option #2), Staff recommends a lesser buffer width of 5-feet is provided along the east boundary (totaling 12-feet with the 7-foot wide buffer on the adjacent residential property) with a minimum 4-foot wide sidewalk along the east side of the drive aisle. Staff further recommends decorative crosswalks are provided across internal drive aisles where walkways are proposed for pedestrian safety. Pedestrian walkways/connections should still be provided to the residential property to the east at the north and south ends of the site as depicted on the concept plans in the DA. Staff recommends changes to the DA accordingly. Written Testimony: Stephanie Hopkins, KM Engineering (Applicant’s Representative) – in agreement w/the staff recommendation Staff Recommendation: Approval with the provisions noted in the staff report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0030, as presented in the staff report for the hearing date of August 22, 2023: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0030, as presented during the hearing on August 22, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0030 to the hearing date of ________ for the following reason(s): (You should state specific reason(s) for continuance.) W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Sessions Parkway Subdivision (H-2023-0030) by KM Engineering, LLP., located at 2700 N. Eagle Rd. Application Materials: https://bit.ly/H-2023-0030 A. Request: Modified Development Agreement to amend the existing Development Agreement (H-2022-0046, Inst. #2022-033831) to allow one (1) building permit to be obtained prior to recordation of the plat and allowance for submittal of a Certificate of Zoning Compliance and Design Review application for subsequent proposed uses prior to recordation of the Plat, and a request for Council approval to reduce the buffer requirement in the C-G zoning district to residential uses to the east from 25-feet to a minimum of 8-feet. PUBLIC HEARING SIGN IN SHEET DATE: August 22, 2023 ITEM # ON AGENDA: 2 PROJECT NAME: Sessions Parkway Subdivision (H-2023-0030) Your Full Name Your Full Address Representing 1 wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 8/22/2023 _ DATE: r Legend R_I�� t��v-v� .. TO: Mayor&City Council ff FROAM: Sonya Allen,Associate Planner R1 i [* R- R- . 208-884-5533 - R -1 I R-8 R1 R- _ . R= _ SUBJECT: Sessions Parkway-MDA RUT R ._ RUT H-2023-0030 R1 1 .R-2 RZ - = LOCATION: 2700 N. Eagle Rd.,in the NW 1/4 of R- ol R-4 1-� R- Section 4. T.3N.,R.IE. (Parcel R7 RUT #S1104233650) R. UT C- 1 I. PROJECT DESCRIPTION Amendment to the existing Development Agreement(H-2022-0046, Inst. #2022-033831)to allow one(1)building permit to be obtained prior to recordation of the plat and allowance for submittal of a Certificate of Zoning Compliance and Design Review application for subsequent proposed uses prior to recordation of the plat; and request for Council approval of a reduction of the buffer requirement in the C-G district to residential uses to the east from 25-feet to a minimum of 8-feet. II. SUMMARY OF REPORT A. Applicant: Stephanie Hopkins,KM Engineering,LLP—5725 N.Discovery Way,Boise,ID 83713 B. Owner: GFI Meridian Investments,LLC—74 East 500 South, Ste. 200, Bountiful, UT 84010 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Notification published in newspaper 8/6/2023 Notification mailed to property owners within 300 feet 8/4/2023 Page 1 Applicant posted public hearing notice on site 8/7/2023 Nextdoor posting 8/7/2023 IV. STAFF ANALYSIS The Applicant requests a modification to the existing DA(Inst. #2022-033831)to allow one(1) building permit to be obtained prior to recordation of the plat and allowance for submittal of Certificate of Zoning Compliance and Design Review applications for subsequent uses prior to recordation of the plat. A property boundary adjustment(A-2020-0115—ROS #12423)was approved in 2020 that created the subject parcel(i.e. Parcel B)and the parcel to the east(i.e. Parcel A),which is currently under development by the same developer with multi-family apartments. A final plat(FP-2023-0002)is currently in process that includes the subject property. While it's preferred that a subdivision plat is recorded prior to submittal of Certificate of Zoning Compliance and Design Review applications and subsequent building permit applications to ensure compliance with dimensional standards and construction of improvements for the overall site, it's not a UDC requirement. Therefore, Staff is amenable to the request provided all of the required street buffer landscaping along N.Eagle Rd./SH-55,including the 10-foot wide multi-use pathway and pedestrian lighting; and the backage road along N.Eagle Rd./SH-55 from the north to the south boundary,with connections to N.Eagle Rd./SH-55 and the development to the east, are completed prior to issuance of the first Certificate of Occupancy within the development. Staff has included these requirements as a provision of the amended DA in Section VI.B (new provision#5.lh). The Applicant also requests City Council approval of a reduction of the buffer requirement in the C-G district to residential uses to the east from 25-feet to a minimum of 8-feet as allowed by UDC 11-3B- 9C.2 with notice to surrounding property owners. This reduction, if approved,would only apply if a hotel develops on the site(i.e. development Option#2 in the DA). A reduction to the buffer width does not affect building setbacks; all structures are required to be set back from the property line a minimum of the buffer width required in the district.Note:If the property develops in accord with the Option#1 conceptual development plan in the DA, the full 25 foot wide buffer will be provided. A 7-foot wide perimeter landscape buffer is being provided on the property to the east along the shared property line,which would result in a total buffer width of 15 feet if Council approves the reduced buffer width proposed. A mix of trees(1 per 35 lineal feet) and shrubs are being provided within the buffer as shown on the approved landscape plan in Section VI.C. With the perimeter buffer,parking, a drive aisle and pedestrian walkway, a minimum of 75-feet is being provided between the shared property line and the nearest residential structure to the east. All buffers to residential uses are required to be comprised of,but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover that results in a barrier that allows trees to touch within five(5)years of planting. Trees that will not touch until maturity outside of this timeframe must be supplemented with additional materials such as tall columnar evergreen shrubs, or other qualifying materials. Where proposed adjacent land uses cannot be adequately buffered with plant material(s),the City may require inclusion of a wall, fence or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least 6-foot tall is provided,the planting requirement may be reduced to a minimum of one (1)tree per 35 linear feet,plus shrubs, lawn, or other vegetative ground cover. There is a 10-foot wide pressure irrigation easement that runs along the eastern boundary of this site Page 2 which may prohibit trees. If so, alternative compliance should be requested to the buffer material standards listed in UDC 11-3B-9C.1.Staff recommends at least a portion of the required trees be provided within the perimeter buffer on the adjacent property to the east resulting in a barrier that allows trees to touch within five(5)years of planting to screen the residential uses from the hotel; the remainder of the required trees could be planted elsewhere within the site. Staff is of the opinion the reduced buffer width planted with extra trees that result in a barrier combined with the distance to the nearest residential structures,provides an adequate buffer to the future residential uses from the proposed commercial uses. If Council believes additional buffering of the residential property is needed, a wall or fence at least 6-foot tall could be required on the shared property line. Development plan Options#1 and#2 in the DA, depict a north/south pathway within the perimeter buffer along the eastern boundary of the site and pedestrian connections to the east to the multi-family development(currently in the development process) at the north and south boundaries of the site. Staff is of the opinion the pathway would be utilized more if it were located along the east side of the main north/south drive aisle in the commercial portion of the development rather than on the shared property line between the commercial and residential development. To better accommodate the pathway in this location and the hotel site plan(i.e. Option#2), Staff recommends a lesser buffer width of 5-feet is provided along the east boundary(totaling 12-feet with the 7-foot wide buffer on the adjacent residential property)with a minimum 4-foot wide sidewalk along the east side of the drive aisle. Staff further recommends decorative crosswalks are provided across internal drive aisles where walkways are proposed for pedestrian safety. Pedestrian walkways/connections should still be provided to the residential property to the east at the north and south ends of the site as depicted on the concept plans in the DA. Staff recommends changes to the DA accordingly(see Section VI.B). V. DECISION A. Staff: Staff recommends approval of the proposed modification to the DA with the changes noted in Section VLB as discussed above in Section IV. Page 3 VI. EXHIBITS A. Existing Development Agreement Provisions: 4. USES PERMITTED BY THIS AGREEMENT., This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement, 4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted,conditional and/or accessory rases under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 The subject property shall no longer be subject to the terms of the Development Agreement(DA)(Inst.#2022-065403, M DA-15-012) for Village Apartments and shall instead be subject to a new agreement. The new DA shall be signed by the property owner and returned to the Planning Division within six (b)months Of the City Council granting approval oI'the amendment_ The spec ilie provisions For tine new DA are as follows: a. Development of this site shall he generally consistent with the conceptual development plans approved by City Council and the conditions of approval included in Section Vlll.A and include the following: i. Specific details for the integrated plaza/open areas shall be provided whit the first certificate of zoning compliance.The applicant can relocate open space/plaza areas depicted on the plan with dirwor approval once specific tenants are known. ii. On concept plan option 1,some or all (if the buildings along the eastern boundary may be rotated and/or relocated and a shared plaza area/green space added to a more central lactation within the development for bet#er integration, including a central pathway con nectiion to the open space and front pad sites. iii. If the site develops consistent with concept plan option 2, the applicant shall Con strturt a 5-foot sidewalk on the east boundary and provide a decorative crosswalk across the drive aisle ❑f the multi-family portion of the development(SWC of the Village Apartments)to enhance pedestrian connectivity. Page 4 b. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application for the site. c. A 25-foot wide buffer shall be installed along the eastern boundary of the site adjacent to the future residential uses,landscaped per the standards listed in UDC 11-3B-9C, unless otherwise modified by City Council_Construction of the buffer may take place with lot development. d. Pedestrian connections shall be provided between the subject property and the future residential development to the east, the commercial properties to the north and south and to the multi-use pathway along N. Eagle RdJSH-55 in accord with the approved pedestrian plans. Pedestrian walkways should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks in accord with UDC 11-3A-19B.4. e. Traffic calming shall be provided within the site between the subject property and the residential development to the east. f. Provide trash enclosures within the development capable of housing containers for bath solid waste and recyclable materials in accord with MCC 4-14. g. City Council approved the request for a right-in/right-out access via N. Eagle Rd.ISH-55 contingent upon final approval from ITD in accord with UDC I I- 3H-3. Page 5 B. Proposed&Recommended Revisions to Development Agreement Provisions: #5.1a.iii—if the site develops eeasistefA with eeneept plan optie ',*The applicant shall construct a minimum 5-foot 4-foot wide sidewalk on along the east side of the north/south drive aisle bowidafy through the site(instead of along the east boundary of the site as shown on concept plan) and provide e-decorative crosswalks where pedestrian walkways cross internal drive aisles. Pedestrian walkways shall be provided at the east boundary of the site to of the multi-family portion of the development(NWC and SWC of the Village Apartments)to enhance pedestrian connectivity. #5.lb—The subject property shall be subdivided prior to sittal issuance of the fir-t second building permit for the site; subsequent building permit applications shall not be submitted until after the property is subdivided. Certificate of Zoning Compliance and Design Review applications may be submitted and approved prior to recordation of the plat. #5.1c—A minimum 25-€eet 5-foot wide buffer shall be installed along the eastern boundary of the site adjacent to the future residential uses as approved by City Council, landscaped per the standards listed in UDC 11-3B-9C,unless otherwise modified by City Gouneil approved through alternative compliance. Construction of the buffer may take place with lot development. #5.lh—Prior to issuance of the first Certificate of Occupancy within the development, all of the required street buffer landscaping along NEagle Rd./SH-55, including the 10-foot wide multi- use pathway and pedestrian lighting; and the backage road along N. Eagle Rd./SH-55, from the north to the south boundary with connections to N. Eagle Rd./SH-55 and the development to the east, shall be completed. Note:All other provisions remain the same; no other changes are proposed or recommended. Page 6 C. Landscape Plan Approved for Village Apartments with A-2021-0231 LANDSCAPE NOTES: =F a==^=A==P r---------- ------------- -� ® s ILANDPIAN LANDSCAPE PLAN tJ REDUIREMENTS _ I I i assu�rc-nsur..ra.. I I 91MLeim LANDSCAPE PLAN LANDSCAPE PLAN 1I I� — LANDSCAPE I � � L—�--i--------�----------- OVERVIEW Page 7 r------------------------------------------------------r— mum. 1 1 -- 1 o i •o o• 1 �,....._ - ------------- --,.- --- -I_a71 R ;iv .,i — I `• 1 r�1 CT _ 1 c, If r uS 1 �WpscaPE.E�•HoiE3 ' 0 7mvr _ I� weY= GROUP 0 00 , , .• O.o W ,. -— ..._.� !1 —,._......._._ ,. ....� 1 - ,._, I ----- - ------- 47 - _ .. 1 wuoscwE nwiExnw.s�cEw. .. e 1 1 wascwe verHores ' „" """"• 1 uHoscw� L------------- -------------------------------------�- Page 8 D. Proposed Site Plan(dated: 7/3/23)—Not Approved NV1a7M-Ewald lSn lMdOLONOO OHVOI'NvialuW eq f s s 3 wr v 1310H OFg3-W VHONAM $ At FT _-------- a Og a aevg{•ox�riam-i I -r FLL I j i i ' — I �•• �p � �' 'I B �R I Y I A 3 �R� I I ji _ ��,M G t'3...Ew�> I I -I .f'aN .... 3l �•� IL I S x� � •� 8�, �5 Imo- o IMF Z r I , [ §$ iI � r s•� �� sa • . r: � aF n�i d. 1 l Page 9 E. Proposed Landscape Plan(dated: July 10,2023)—Not Approved ---— — ---- ,-- ' wrs Dona®w w e.er o m e,oe muec xnc wnc Ex� {x�Wna _ - --___ --_ —-- O ffi ee,..m .wc.»wFz m w w. �""- •.xmo...R...o.�c kzmoa�.v m�n.xu.w rac n mxrwrt.wvc ins+mnan nc wnrx Pror CP &@ I Y. a o o ® a �� :w.. .,., MxoRsmwrxl0+�s,R.��.,o�,,.,5.0 � n,® w..e xnx„,x n,.n, ,.,.• ,�, 1911 Hill -@E I ii aw��cw�ux.m a 01 S—LCIREBGE F PFP Ed— �.- I ® .w=.m=a.•a.r�+,^. cmr LANDSCAPE CALCULATIONS i - mwra'a rm rc=.e MMGATION REQUIREMENTS�� ° BICYCLE PrARKING CALCULATIONS ...c p O 0 2 DEQGUOUSTREEPWNIING PNOSTApNG DETAIL V Sp LANDSCAPE PLAN �..� 02 6ENC BEFALL 04 BIKERAG&-- , 5 2A4E9OREFERENCEPHOFOS u.0 Page 10 E IDIAN.;--- Applicant's Presentation Page 4 Sessions ParkwayMeridian CityDevelopment Agreement Modification Proposed Development PlanThank You DA Modification Requests CZC / DR applications prior to plat recordation.Request to modify provision to allow one building permit prior to plat recordation; and DA Modification Requests DA Modification Requests Sessions and Village Apartments to east.Request to modify provision to allow an 8’ landscape buffer between eastern lots in Thank you Proposed Development Plan Proposed Development Plan Concept 1 V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2029: An ordinance (Bordeaux Estates — H-2022-0062) Annexing a portion of land lying in the south half of the northeast quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; Rezoning 2.00 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) zoning district, Directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; Repealing conflicting ordinances; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2023-048489 BOISE IDAHO Pgs=4 ANGIE STEELE 08/23/2023 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 23-2029 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE (BORDEAUX ESTATES —H-2022-0062) ANNEXING A PORTION OF LAND LYING IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 2.00 ACRES OF SUCH REAL PROPERTY FROM RUT(RURAL URBAN TRANSITION)TO R-8(MEDIUM- DENSITY RESIDENTIAL) ZONING DISTRICT; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian received a written request from property owner 2 North Homes LLC to annex and rezone the land described in the legal description attached hereto as Exhibit "A"and the map attached hereto as Exhibit"B"("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS,the City of Meridian is authorized by Idaho Code section 50-222(2)to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 2.00 acres of the Subject Property from RUT (Rural Urban Transition) to the R-8 (Medium-Density Residential) Zoning District. ANNEXATION ORDINANCE—BORDEAUX ESTATES H-2022-0062 Page I SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO, this 22nd day of August, 2023. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,IDAHO, this 22nd day of August, 2023. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 22nd day of August ,2023,before me,the undersigned,a Notary Public in and for said State,personally appeared Robert E.Simison and Chris Johnson known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public Commission Expiration: 3-28-2028 ANNEXATION ORDINANCE—BORDEAUX ESTATES H-2022-0062 Page 2 EXHIBIT A ANNEXATION FOR 2 NORTH HOMES A parcel of land lying in the S 1/2 of the NE 1/4 of Section 25, Township 4 North. Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being more particularly_ described as follows: Commencing at a Brass Cap marking the NE corner of Section 25; thence along the East Section line S.0° 24' 56" W., 2,391.71 feet to a point monumented by a 5/8 inch i►-cm pin, said point being the POINT OF BEGINNING; Thence S.0°24' 56" W., continuing along the east line of Section 25 209.45 feet to a point; Thence N 89' 25' 24" W along the north line of lots 4 and 5 block 49 of Paramount Subdivision No. 21 329.09 feet to a point monumented by a 5/8 inch iron pin; Thence N.0° 26' 39" E., 321.39 feet to a point being the north easterly most corner of lot 9 block 49 of Paramount Subdivision No. 21 and monumented by a 5/8 inch iron pin; Thence S.70° 38' 47" E., 347.76 feet to the POINT OF BEGINNING. Said parcel contains 2.00 acres, more or less, and is subject to all existing easements and right-of-ways of record or implied. L a �1 a 15758 0 0 No J.>la Page 1 EXHIBIT B ANNEXATION EXHIBIT DRAWING SHOWING A PORTION OF THE S. Y2 OF THE N.E. Y4 OF SECTION 24, TOGETHER WITH LOT 5, BLOCK 49 GpP OF PARAMOUNT SUBDIVISION NO. 21, FILED IN BOOK 105 OF PLATS PAGES 14238 THOUGH 14.240, LYING IN THE E Y2 OF SECTION 25, T.4N., R.1 W., B.M., ADA COUNTY IDAHO, 2022 24 19 \ 25 30 1 I \ I \ I \ d ! N �AQ LEGEND O N° — — — — — — SECTION LINE — LOT LINE n I PROPOSED DEVELOPMENT 3 LLi BOUNDARY w ! I ® FOUND 5/8' IRON PIN alb ^ FOUND BRASS CAP Z z alb N ! O FOUND 1/2" IRON PIN ti F z CALCULATED POINT NOT SET O FOUND COPPER PLUG I N / 3 z �Q Z a ! - mo "o w D :2 m z cc 15758 OF �PQ IIc J. t10�NPQO <J° N89' 25' 24'W 329-09' 294,12'i 725.0% b O N S89' 27' 16"E 329.12 GRAPHIC SCALE 15 0 12.5 25 50 100 �r.rf m" W. PRODUCER DR. (IN FEET) 1 I-h- 50 It. _ - _ J.J. M/ OESJ Bt: SF I OF ,.•`.•—.•, VV HOWARD 07/21/2022 EJH � ® � � 1 1 ANNEXATION u4mg/.SURI'F17NC SQML DRAWII-BY: DRAWING NO. wiSM,gao7i.„„UWMWS-W 1" - 50' Tww 220111 EXHIBIT A CERTIFICATION OF SUMMARY : William L. M . Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . Willia . M. Nary, City Att6rney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 23-2029 An ordinance (Bordeaux Estates — H-2022 -0062) annexing a portion of land lying in the south half of the northeast quarter of Section 25 , Township 4 North, Range I West, Boise Meridian, Ada County, Idaho , more particularly described in Exhibit "A"; rezoning 2 . 00 acres of such real property from RUT (Rural Urban Transition) to R4 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance ; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances ; and providing an effective date . A full text of this ordinance is available for inspection at City Hall , City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary . [Publication to include map as set forth in Exhibit B .] ANNEXATION ORDINANCE — BORDEAUX ESTATES H-20 M062 Page 3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Ordinance 23-2030: An ordinance amending Meridian City Code 11-3D-4, regarding signs, repealing conflicting ordinances; and providing an effective date. C��fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: August 22, 2023 Presenter: Bill Nary, City Attorney Estimated Time: .1 minutes Ordinance no. 23- : Amending Meridian Unified Development Code section 11-3D-4, Topic: regarding prohibited signs Recommended Council Action: Approve ordinance incorporating amendment and addition to Meridian Unified Development Code. Background: As discussed at the August 8, 2023 City Council meeting, this ordinance incorporates two amendments to the UDC sign code. The ordinance clarifies UDC § 11-3D-4(K), prohibiting signs advertising illegal activity, and adds a new provision, UDC § 11-3D-4(P), prohibiting signs advertising an establishment that sells a controlled substance or drug paraphernalia. CITY OF MERIDIAN ORDINANCE NO. 23-2030 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE AMENDING MERIDIAN UNIFIED DEVELOPMENT CODE SECTION 11-3D-4,REGARDING SIGNS;REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,under the federal Comprehensive Drug Abuse Prevention and Control Act, it is illegal for any person or entity to sell or distribute controlled substances (21 U.S. Code § 828), or to advertise for an establishment that sells or distributes a Schedule I controlled substance, even if state law purports to legalize such activity(21 U.S. Code § 843(c)(1)); WHEREAS,the adverse effects of the use of controlled substances are well documented; for example, when inhaled or ingested, tetrahydrocannabinol, the psychoactive chemical in marijuana, binds to cannabinoid receptors throughout the brain and suppresses areas responsible for memory, learning, attention, decision-making, coordination, emotions, and reaction time, both immediately and over the long term, and minors are especially susceptible to and impacted by these adverse effects; WHEREAS, in addition to violating federal law, signs advertising establishments that sell controlled substances or drug paraphernalia have the effect of normalizing the existence and business model of such establishments,notwithstanding the illegality of such establishments and their activities under the Comprehensive Drug Abuse Prevention and Control Act, an effect that disproportionately impacts youth, and which is unacceptable in and to the Meridian community; WHEREAS, signs advertising establishments that sell controlled substances or drug paraphernalia have the effect of stimulating interest in and awareness of such establishments, notwithstanding the illegality of such establishments and their activities, an effect that disproportionately impacts youth, and which is unacceptable in and to the Meridian community; WHEREAS,the very purpose and nature of advertising on a sign is for the advertisement to be passively and indiscriminately viewed by the general public, regardless of any viewer's age, capacity, or sensibility; WHEREAS,there is a direct link between the proliferation advertising of establishments that sell controlled substances or drug paraphernalia and the use of controlled substances, particularly by youth, which use has deleterious effects upon individuals, families, and communities; WHEREAS,prohibiting advertising on signs in Meridian by establishments that sell illegal controlled substances is an effective means of reducing the indiscriminate promotion of such establishments, reducing citizens' exposure to such marketing, deterring normalization of such establishments, and preventing substance abuse in Meridian, particularly among youth; UDC SIGN ORDINANCE UPDATE PAGE I WHEREAS, given the harmful impacts of normalization of establishments that sell illegal controlled substances and of controlled substance use to members of the public, particularly youth, and the link between advertising and such impacts, the City has a substantial interest in restricting the proliferation of advertising by establishments that sell illicit substances and paraphernalia; WHEREAS, on July 6, 2023, the Meridian Planning and Zoning Commission of the City of Meridian recommended that the City Council adopt these proposed amendments to the Meridian Unified Development Code; and WHEREAS,the City Council of the City of Meridian finds the prohibition of signs advertising an establishment that sells a controlled substance or drug paraphernalia to be in the best interest of the health, safety, and welfare of the people of Meridian; NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian Unified Development Code section 11-3D-4 shall be amended as follows: 11-3D-4. - Prohibited signs. The following types of signs are prohibited in all districts: A. Any sign not specifically allowed by this article as determined by the Director. B. Any private signs on publicly owned property, including the public right-of-way, except as otherwise specifically permitted, in writing,by the authorized public agency. C. Any signs which because of color,wording, design, size, movement, location or illumination resemble or conflict with any traffic control device or with the safe and efficient flow of traffic. D. Any sign displaying red,blue or blinking intermittent light likely to be mistaken for a warning or danger signal. E. Any signs that emit any sound, odor or visible matter. F. Any abandoned nonconforming signs (see section I I-1B-6 of this title and section 11-3D-8 of this article). G. Any benches with commercially available space for advertising, except that the transportation authority may place such benches at a designated bus stop. H. Any sign that includes strobing, revolving or flashing lights. I. Any sign using a prohibited light source as set forth in section 11-3A-I I of this chapter. J. Any signs within the clear vision triangle as set forth in section 11-3A-3, "access to streets", of this chapter. K. Any signs for-illegal„se- advertisingillegal llegal activity. L. Any signs that block the visibility of any other sign due to their location, size, and/or height within a fifty-foot radius. M. Any roof signs. N. Any sign within any stream or drainage canal or within a floodway. O. Any sign not maintained in a safe condition. P. Any sign advertising an establishment that sells a controlled substance or drug paraphernalia, as such terms are defined in Idaho Code section 37-2701. UDC SIGN ORDINANCE UPDATE PAGE 2 Section 2. That all City of Meridian ordinances, or parts thereof, that are in conflict with this ordinance are hereby repealed. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 22nd day of August, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 22nd day of August, 2023. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk UDC SIGN ORDINANCE UPDATE PAGE 3 CERTIFICATION OF SUMMARY . William L.M . Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the publi . All William L . M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 23 -2030 Amending Meridian Unified Development Code section 11 -31) 4, regarding signs ; repealing conflicting ordinances ; and providing an effective date . The full text of this ordinance is available at Meridian City Hall , City Clerk' s Office, 33 E . Broadway Avenue, Meridian, Idaho . UDC SIGN ORDINANCE UPDATE PAGE 4 W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance 23-2031: An ordinance repealing and replacing Meridian City Code section 13-2-6(C), regarding alcohol in City parks; repealing and replacing Meridian City Code section 13-2-6(S), regarding parking in city parks; repealing conflicting ordinances; and providing an effective date. C��fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: August 22, 2023 Presenter: Bill Nary, City Attorney Estimated Time: .1 minutes Ordinance no. 23- : Amending Meridian City Code section Meridian City Code sections 13- Topic: 2-6(C) and 13-2-6(S), regarding alcohol in parks and parking in parks Recommended Council Action: Approve ordinance incorporating amendment of Meridian City Code section 13-2-6(C) and repeal of 13-2- 6(S) Background: As discussed at the August 8, 2023 City Council meeting, this ordinance incorporates two amendments to the Parks code. The ordinance clarifies City Code § 13-2-6(C), regarding alcohol in parks, and repeals City Code § 13-2-6(S), regarding parking in City parks. (Parking in parks will be addressed by amendment to Title 7, Chapter 2). CITY OF MERIDIAN ORDINANCE NO. 23-2031 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 13-2-6(C),REGARDING ALCOHOL IN CITY PARKS; REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 13-2-6(S), REGARDING PARKING IN CITY PARKS; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Meridian Police Department ("MPD") has recommended the following updates to the provisions regarding alcohol in City parks, set forth in Title 13, Meridian City Code, the Meridian Parks and Recreation Code, in order to clarify such provisions for the public and for responding officers; and WHEREAS,MPD and the Meridian Parks and Recreation Department recommend that the parking provisions of the Parks and Recreation Code be amended in order to consolidate parking regulations in Title 7, Chapter 2, Meridian City Code, for expediency and clarity, and in order to authorize the parking enforcement in City parks by the issuance of parking tickets, as is allowed by Title 7, Chapter 2, rather than by personal service of uniform citations, as required by Title 13; and WHEREAS,the City Council of the City of Meridian find the following updates to Meridian City Code will serve the health, safety, and welfare of the public within the City of Meridian; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 13-2-6(C) shall be repealed, and replaced with language to read as follows: C.Alcohol. The sale, service, offer,provision, consumption, and/or possession of alcoholic beverages in a City park shall be prohibited, except where sold, served, offered,provided, consumed, or possessed in compliance with the following requirements: 1. Serving alcohol at a public event. At an event or activity open to the public, a person may sell, serve, offer,provide, or offer an alcoholic beverage to another person only pursuant to the terms and conditions of a valid temporary use permit duly issued for that event, and a valid alcoholic beverage catering permit duly issued by the City Clerk, if applicable. It shall be unlawful for any person to sell, serve, offer, or provide an alcoholic beverage to another person, at an event open to the public, in violation of this provision. A violation of this provision shall be a misdemeanor. PARKS ALCOHOL AND PARKING ORDINANCE UPDATE PAGE 1 2. Consuming alcohol at a public event. At an event or activity open to the public, a person may consume or possess an alcoholic beverage only pursuant to the terms and conditions of a valid temporary use permit duly issued for that event. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be one hundred dollars ($100.00)plus court costs. 3. Serving alcohol at a private event. At an event or activity not open to the public, a person may sell, serve, offer, or provide an alcoholic beverage to another person only with a valid shelter reservation, and a valid alcoholic beverage catering permit duly issued by the City Clerk, if applicable. It shall be unlawful for any person to sell, serve, offer, or provide an alcoholic beverage to another person, at an event not open to the public, in violation of this provision. A violation of this provision shall be a misdemeanor. 4. Consuming alcohol at a private event. At an event or activity not open to the public, a person may consume or possess an alcoholic beverage only in conjunction with a valid shelter reservation. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be one hundred dollars ($100.00)plus court costs. Section 2. That Meridian City Code section 13-2-6(S) shall be repealed, and replaced with language to read as follows: S. Parking in parks. The provisions of Title 7, Chapter 2, Meridian City Code, regarding parking, shall apply in city parks and pathway facilities. Section 3. That all City of Meridian ordinances, or parts thereof, that are in conflict with this ordinance are hereby repealed. Section 4. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 22nd day of August, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 22nd day of August, 2023. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk PARKS ALCOHOL AND PARKING ORDINANCE UPDATE PAGE 2 1 CERTIFICATION OF SUMMARY . William L . M . Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . " I i ' . r�l' William L . M . Nary, City At orney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 23 -2031 An ordinance repealing and replacing Meridian City Code section 13 -2- 6 (C) , regarding alcohol in City parks ; repealing and replacing Meridian City Code section 13 -2-6 (S) , regarding parking in city parks ; repealing conflicting ordinances ; and providing an effective date . The full text of this ordinance is available at Meridian City Hall, City Cleric' s Office, 33 E . Broadway Avenue, Meridian, Idaho . PARKS ALCOHOL AND PARKING ORDINANCE UPDATE PAGE 3 W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance 23-2032: An ordinance amending the title of title 7, Meridian City Code to "traffic and parking"; amending the title of title 7, chapter 1, Meridian City Code to "traffic code", amending Meridian City Code section 7-1-2, regarding traffic infractions; repealing Meridian City Code sections 7-1-3 (regarding repairing vehicles in city streets), 7-1-4 (regarding emergency vehicles; restrictions near fire) and 7-1-5 (regarding school and city property); amending Meridian City Code section 7-1-6 (speed restrictions); repealing Meridian City Code section 7-1-7, regarding driving through funeral procession; amending Meridian City Code section 7-1-8, regarding u-turns; amending Meridian City Code section 7-1-9, regarding electric power-assisted scooters; amending Meridian City Code section 7-1-10, regarding center turn lanes; amending Meridian City Code section 7-1-11, regarding use of public or private property as a throughway; amending Meridian City Code section 7-1-12, regarding negligent driving; amending Meridian City Code section 7-1-13, regarding air compression brakes; repealing and replacing Meridian City Code section 7-2-1, regarding definitions; amending Meridian City Code section 7-2-2, regarding prohibited parking; amending Meridian City Code section 7-2-5, regarding parking on public streets other than alleys; amending Meridian City Code section 7-2- 6, regarding parking on public property other than streets and alleys and parking in city parks; amending Meridian City Code section 7-2-7, regarding parking on city property where parking permit required; repealing conflicting ordinances; and providing an effective date. C��fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: August 22, 2023 Presenter: Bill Nary, City Attorney Estimated Time: .1 minutes Topic: Ordinance no. 23- : Updates to Title 7, Meridian City Code, regarding Traffic and Parking Recommended Council Action: Approve ordinance updating Title 7, Meridian City Code, regarding Traffic and Parking Background: As discussed at the August 8, 2023 City Council meeting, this ordinance incorporates updates to the Meridian City Code provisions regarding traffic and parking. CITY OF MERIDIAN ORDINANCE NO. 23-2032 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE AMENDING THE TITLE OF TITLE 7, MERIDIAN CITY CODE TO "TRAFFIC AND PARKING"; AMENDING THE TITLE OF TITLE 7, CHAPTER 1, MERIDIAN CITY CODE TO"TRAFFIC CODE";AMENDING MERIDIAN CITY CODE SECTION 7-1-2, REGARDING TRAFFIC INFRACTIONS; REPEALING MERIDIAN CITY CODE SECTIONS 7-1-3 (REGARDING REPAIRING VEHICLES IN CITY STREETS), 7-1-4 (REGARDING EMERGENCY VEHICLES; RESTRICTIONS NEAR FIRE) AND 7-1-5 (REGARDING SCHOOL AND CITY PROPERTY); AMENDING MERIDIAN CITY CODE SECTION 7-1-6 (SPEED RESTRICTIONS); REPEALING MERIDIAN CITY CODE SECTION 7-1-7, REGARDING DRIVING THROUGH FUNERAL PROCESSION; AMENDING MERIDIAN CITY CODE SECTION 7-1-8, REGARDING U-TURNS; AMENDING MERIDIAN CITY CODE SECTION 7-1-9, REGARDING ELECTRIC POWER-ASSISTED SCOOTERS; AMENDING MERIDIAN CITY CODE SECTION 7-1-10, REGARDING CENTER TURN LANES; AMENDING MERIDIAN CITY CODE SECTION 7-1-11, REGARDING USE OF PUBLIC OR PRIVATE PROPERTY AS A THROUGHWAY; AMENDING MERIDIAN CITY CODE SECTION 7-1-12, REGARDING NEGLIGENT DRIVING; AMENDING MERIDIAN CITY CODE SECTION 7-1-13, REGARDING AIR COMPRESSION BRAKES; REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 7-2-1, REGARDING DEFINITIONS; AMENDING MERIDIAN CITY CODE SECTION 7-2-2, REGARDING PROHIBITED PARKING; AMENDING MERIDIAN CITY CODE SECTION 7-2-5, REGARDING PARKING ON PUBLIC STREETS OTHER THAN ALLEYS; AMENDING MERIDIAN CITY CODE SECTION 7-2-6, REGARDING PARKING ON PUBLIC PROPERTY OTHER THAN STREETS AND ALLEYS AND PARKING IN CITY PARKS; AMENDING MERIDIAN CITY CODE SECTION 7-2-7, REGARDING PARKING ON CITY PROPERTY WHERE PARKING PERMIT REQUIRED; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Traffic Team of the Meridian Police Department has recommended the following updates to the Meridian City Code provisions regarding motor vehicle traffic, in order to remove provisions that are redundant or conflicting with the rules of the road set forth in Idaho Code; WHEREAS,the Code Enforcement Division of the Meridian Police Department has recommended the following updates to the provisions of Meridian City Code regarding parking, in order to clarify such provisions and address common obstructions of the roadways and sidewalks within the community; and WHEREAS,the Meridian Human Resources Department has issued new parking permits to allow employees to park in the employee-only parking lots serving Meridian City Hall, necessitating a code update to address the new permitting and display requirements; and PARKING ORDINANCE UPDATES PAGE 1 WHEREAS,the City Council of the City of Meridian find the following updates to Meridian City Code to serve the safety and welfare of the public using roadways and sidewalks within the City of Meridian; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY, IDAHO: Section 1. That the title of Title 7 Meridian City Code, shall be amended as follows: Title 7 - N40TOR VE141 -'T ES AND TRAFFIC AND PARKING Section 2. That the title of Title 7, Chapter 1, Meridian City Code, shall be amended as follows: CHAPTER 1. - TRAFFIC CODE, RULES rT E S AND n EG rr A T-10 Te Section 3. That Meridian City Code section 7-1-2 shall be amended as follows: 7-1 2 7-1-1. - Infraction; fine fefvielation. Any person who violates any provision of this chapter shall be deemed guilty of an infraction. Section 4. That Meridian City Code sections 7-1-3, 7-1-4, and 7-1-5 shall be repealed. Section 5. That Meridian City Code section 7-1-6 shall be amended as follows: 7-1-6 7-1-2. - Speed restrictions. No person shall drive a vehicle, except emergency vehicles, at a greater speed than designated as follows. A. Alleys. In any alley, fifteen(15) miles per hour. B. City streets. On all other streets in Meridian, twenty-five (25) miles per hour, or as otherwise posted. Section 6. That Meridian City Code section 7-1-7 shall be repealed. Section 7. That Meridian City Code section 7-1-8 shall be amended as follows: 7 1-9 7-1-3. -U-turns. A. Restrictions. 1. No U-turn or turn reversing the direction of travel shall be made. a. Within a "school zone" as defined by this Code; or b. At any place other than at an intersection, unless there be sufficient space to make such turn without backing or impeding traffic,and of not less than five hundred(500) feet of roadway with a clear and unobstructed view by drivers from either direction, a proper signal is made, and said turn can be performed safely. c. In a manner which impedes traffic. PARKING ORDINANCE UPDATES PAGE 2 2. For the purposes of this section, "safely" shall mean that the party making the U-turn or turn reversing the direction of travel shall be responsible to establish that this maneuver can be made with due care to drivers and pedestrians at, adjacent to, or upon the roadway and with due care in regards to the current conditions of the roadway and driving conditions. Section 8. That Meridian City Code section 7-1-9 shall be amended as follows: 7 1-9 7-1-4. -Electric power-assisted scooters. A. Persons riding e-scooters, as such term is defined in title 8, chapter 3 of this Code, shall comply in all respects with the following provisions: 1. On streets which have a speed limit of greater than forty-five(45)miles per hour or more, persons riding e-scooters shall ride only on the adjacent sidewalk, and shall not ride on the street. 2. On streets which have a speed limit between twenty-five (25) miles per hour and forty- five(45)miles per hour,persons riding e-scooters shall ride in bike lanes where available, or, where bike lanes are not available, riders shall fftay ride on the adjacent sidewalk. 3. On streets which have a speed limit of twenty-five (25) miles per hour or less, persons riding e-scooters shall ride on the street, in bike lanes when available. 4. Persons riding e-scooters shall yield to pedestrians at all times. 5. Persons riding e-scooters on a sidewalk must maintain a distance of two (2) feet from all pedestrians. 5 6. Persons riding e-scooters may not carry any passengers. Section 9. That Meridian City Code section 7-1-10 shall be repealed. Section 10. That Meridian City Code section 7-1-11 shall be amended as follows: 7-1 1 7-1-5. -Use of public or private property as a throughway. A. It shall be unlawful for the operator of any motor vehicle to drive upon or use any public or private real property as a throughway to bypass an intersection controlled by a stop sign or traffic control signal. B. It shall be prima facie evidence of a violation of subsection(A)of this section for an operator of a motor vehicle to enter public or private real property from a highway or street and immediately thereafter exit the same property without stopping or slowing before reentering an adjoining highway or street. C. It is not a violation of this section to use any public or private street as allowed by law. Section 11. That Meridian City Code section 7-1-12 shall be amended as follows: 7 1-12 7-1-6. -Negligent driving. It shall be unlawful for any person to operate a motor vehicle where the operator has less than full control of the speed and direction of movement of the vehicle. The llisie ''•- vehiele with any stationafy ebjeet shall be prima faeie evidenee of a vielation of this seefien. Section 12. That Meridian City Code section 7-1-13 shall be amended as follows: PARKING ORDINANCE UPDATES PAGE 3 7 1 13 7-1-7. -Air compression brakes prohibited. A. The term"air compression brakes"shall include devices that alter the operation of an engine's exhaust to slow a vehicle or truck. B. The use of air compression brakes by vehicles or trucks, as defined in Idaho Code title 49, chapter 1, within the city is hereby prohibited and shall be unlawful, except„ der-emerge„&.. .Fista es where the use of air compression brakes is necessary to prevent an accident or injury to persons or property. C. The following vehicles and trucks are exempted from the prohibitions of this section. 1. Vehicles and trucks operated by a fire department; and 2. Vehicles used for public transit purposes. Section 13. That Meridian City Code section 7-2-1 shall be repealed, and replaced with language to read as follows: 7-2-1. -Definitions. As used in this Title, terms used shall be defined as set forth in title 49, chapter 1, Idaho Code or Title 11, Meridian City Code. Where such codes define the same term differently, for purposes of this title, the definition set forth in Idaho Code shall prevail. Section 14. That Meridian City Code section 7-2-2 shall be amended as follows: 7-2-2. - Prohibited parking. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: A. Stop, stand or park any vehicle or portion thereof: 1. On the r-ead-way traffic side of any vehicle stopped or parked at the edge or curb of a street. 2. On or obstructing any portion of a sidewalk or parkway, including the area between the sidewalk's or parkway's finished ground level to a vertical clearance of seven feet(7',) above such sidewalk or parkway. 3. Within an intersection, or any portion thereof. 4. On a crosswalk, or any portion thereof. 5. On a designated bicycle lane or on any portion thereof. 6. Within twenty(20) feet of a designated bicycle lane bike-})ath approach. 7. Between a safety zone and the adjacent curb or within thirty(30) feet of points on the curb immediately opposite the ends of a safety zone,unless a different length is indicated by signs or markings. 8. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic. 9. Upon any bridge or-other-elevated struetefe"on a higkway, or-within a highway . 3$9. On or on any portion of any railroad tfaeks track or rail. PARKING ORDINANCE UPDATES PAGE 4 10. At any place where official traffic control devices posted at the direction or under the authority of the city or Ada County Highway District prohibit or limit such stopping, standing or parking. It shall be prohibited for any person to remain stopped, standing or parked past the time limit prescribed on each traffic control device. At the expiration of the posted time limit, a new time limit ffiay begin only"on removal of the vehicle from the 11. In a traffic lane or any portion thereof, unless otherwise directed by a peace officer, traffic-control device, or duly authorized personnel. B. Stand or park a vehicle, except momentarily to pick up or discharge a passenger or passengers: 1. In front of a public or private driveway, or any portion thereof. 2. Within fifteen(15) feet of a fire hydrant. 3. Within twenty(20) feet of a crosswalk or a bike/pedestrian curb ramp, except at an intersection where a traffic control signal is in operation. 4. Within thirty(30) feet upon the approach to any flashing signal, stop sign, yield sign or traffic control signal located at the side of a roadway. 5. Within twenty(20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly signposted. 6. At any place where official traffic control devices posted at the direction or under the authority of the City or Ada County Highway District prohibit such stopping. 7. In any portion of more than one (1) designated parking space. 8. Within ten(10) feet of a mailbox, during the hours of 8:00 a.m. and 5:00 p.m., on any day that is not a federal holiday. C. Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers: .. Withi within fifty(50) feet of the nearest rail of a railroad crossing. 2. At any plaee where effieial tfaf e-eentr-el deviees prohibit s„eh parking-. D. Park a vehicle in Lq such a manner or under such conditions as to leave available less than twelve (12) feet of roadway for the free movement of vehicular traffic. E. Leave s a motorized vehicle unattended without stopping the motor of the vehicle and effectively setting the brakes of the vehicle. F. Park or leave unattended an e-bike or e-scooter, as such terms are defined in title 8, chapter 3 of this Code: 1. In any vehicular travel lane or bike lane, or any portion thereof; 2. In a manner or location that reduces the width of the useable area of a public sidewalk or pathway to less than five (5)feet; 3. On a block without sidewalks; 4. In a manner or location that impedes ADA accommodations, including, but not limited to, curb ramps, railings, or signal buttons; PARKING ORDINANCE UPDATES PAGE 5 5. In a manner or location that impedes a fire hydrant or other public safety infrastructure; 6. In any on-street parking space, or any portion thereof; 7. On private property without a written agreement with the owner of the property; or 8. On or in a driveway, or any portion thereof. Section 15. That Meridian City Code section 7-2-5 shall be amended as follows: 7-2-5. - Parking on public streets other than alleys. A. Parking on public streets. No person shall park or place, or cause to be parked or placed, upon any public street, regardless of whether attended or unattended: 1. For longer than seventy-two (72)hours: a. Any vehicle having a GVWR of less than twelve thousand(12,000)pounds. b. Any motor home or recreational vehicle. Neither this nor any provision of this chapter shall be construed to authorize any person to sleep in or allow another to sleep in any motor home or recreational vehicle. c. Any utility trailer tha4;s attaehed to a ,.ehiele whether or not attached to another vehicle. Except that: A utility trailer may be parked on a public street for a purpose incident to an ongoing, lawful construction project, where such construction project is conducted under a valid City of Meridian building permit and such trailer is parked within one hundred(100) feet of such construction project. a. Any utility tfailer-that is not at4aehed to a vehiele. 3. For any length of time, except as otherwise allowed in this section. a. Any vehicle, either motorized or nonmotorized, having a GVWR greater than twelve thousand(12,000)pounds, unless sueh,.ehiele is a motor-home o o emie a vehiele, in w-hieh ease the provisions of subseetion (A)1.b. of this seetion shall apply. Except that: (1) Where such vehicle is a motor home or recreational vehicle, the provisions of subsection(A)(1)(b) of this section shall apply. (2) Such vehicle may be parked on a public street for a purpose incident to an ongoing, lawful construction project, where such construction project is conducted under a valid City of Meridian building permit and such vehicle is parked within one hundred(100) feet of such construction project. (3) Such vehicle may be parked on a public street for the purpose of loading_or unloading materials or merchandise, when such materials or merchandise are actively being loaded or unloaded, and where such vehicle is parked within one hundred (100) feet of the loading or unloading_point. PARKING ORDINANCE UPDATES PAGE 6 b. Any pole trailer or semitrailer, whether or not attached to another vehicle. Except that: (1)A pole trailer or semitrailer may be parked on a public street for a purpose incident to an ongoing, lawful construction project,where such construction project is conducted under a valid City of Meridian building permit and such trailer is parked within one hundred(100) feet of such construction project. (2)A semitrailer may be parked on a public street for the purpose of loading or unloading materials or merchandise, for up to seventy-two (72)hours, when such materials or merchandise are actively being loaded or unloaded, and where such vehicle is parked within one hundred(100) feet of the loading or unloading_point. c. Any vehicle designed or used primarily as farm or construction equipment. Except that: Such vehicle may be parked on a public street for a purpose incident to an onizoina, lawful construction project, where such construction project is conducted under a valid City of Meridian building permit and such vehicle is parked within one hundred(100) feet of such construction project. d. Any vehicle without license plates. e. Any vehicle without current registration. f. Any vehicle displaying license plates that are fictitious or assigned to any other vehicle. B. Pnie Unik. At the e*pir-a4ien ef the appheable time limit set feAh in this seetieff, a new time limit may begin only upen r-efneval of the fneter-home, > > ,ehiele 4em the i,leekor-five hundred(cnm A the lee atio ; whieh it was parked, • EB. Exceptions. The provisions of this section shall not apply when a vehicle or trailer is parked.-_ 1. For-the pufpese of leading or-tmleading materials or-mer-ehandise,when sueh ma4 or-mer-ehandise are aetually being loaded or-unloaded, and where sueh vehiele or-tr-ail parked within one hundr-ed(100) feet of the leading or-tmleading point. 2. For-any purpose ineident to any ongoing, la-,Y441 eenstmetion pr-ojeet, where sueh trailer-or-vehiele is paFked within ane hundred(100) feet of sueh eenst-Ftietion pf0jeet. vehiele is pafked within one hundr-ed (100) feet of sueh eemmer-eial or-industrial oper-atien. 4 1_For the purpose of maintenance or response to emergency by a public utility,public entity, public agency, or the duly authorized agent thereof, where such vehicle is visibly marked and identified as such. -5-.-2. As specifically allowed by a valid permit duly issued by the City of Meridian or the Ada County Highway District. 6—. 3. For purposes of law enforcement activities by a public agency. PARKING ORDINANCE UPDATES PAGE 7 Section 16. That Meridian City Code section 7-2-6 shall be amended as follows: 7-2-6. - Parking on public property other than streets and alleys; parking in City parks. A.Parking on public property. 1_No person shall park or place, or cause to be parked or placed, upon any public property, regardless of whether attended or unattended, for longer than two (2)hours: Via. Any vehicle, either motorized or nonmotorized, having a GVWR of or greater than twelve thousand(12,000)pounds. -1b. Any motor home or recreational vehicle. Neither this nor any provision of this chapter shall be construed to authorize any person to sleep in or allow another to sleep in any motor home or recreational vehicle. Vic. Any trailer, whether or not attached to a vehicle. 4d. Any vehicle designed or used primarily as farm or construction equipment. B 2. T4me limit, At the expiration of the two-hour time limit set forth in this section, a new time limit may begin only upon removal of the vehicle, motor home, recreational vehicle, or trailer from the block, or five hundred(500) feet from the location in which it was previously parked, whichever is farther, for a minimum of twenty-four (24)hours. C-3. Exceptions: The provisions of this section shall not apply to a motor home, recreational vehicle, trailer, or vehicle that is parked: Via. Where expressly and specifically allowed by the public entity owning such property by ordinance, resolution,written policy, or valid, duly issued permit. fib. For the purpose of maintenance or response to emergency by a public utility, public entity,public agency, or the duly authorized agent thereof, where such vehicle is visibly marked and identified as such. B.Parkin i�typarks and pathway facilities. 1. No person shall park any vehicle or trailer in a City park or pathway. f�K a. Anywhere other than an established or designated parking area. b. In violation of posted directions, state or local law, the instructions of any police officer or duly authorized representative of the Parks and Recreation Department Director, or administrative polio c. When the park is closed, except as specifically authorized by order of the Parks and Recreation Department Director. d. On any sidewalk or pathway except: 2. Exceptions: The provisions of this section shall not apply to: a. Vehicles operated by law enforcement personnel; b. Emergency vehicles operated for purposes of transporting humans in need of emergency services; c. Vehicles operated by the Parks and Recreation Department; or d. As specifically allowed by written permit or other permission of the Parks and Recreation Department Director. Section 17. That Meridian City Code section 7-2-7 shall be amended as follows: PARKING ORDINANCE UPDATES PAGE 8 7-2-7. - Parking on city property where parking permit required. Notwithstanding any other provision of this chapter, no person shall park any vehicle on any city property where a City parking permit is required unless a valid City parking permit duly issued for such vehicle is displayed on the top or bottom corner of the front windshield, on the passenger side of such vehicle, and is visible from the outside of such vehicle. The following exceptions to this section shall apply: 1. City ployees may park motorcycles in the marked motorcycle parking area in the southwest corner of the parking lot on the south side of Meridian City Hall, without displaying a City yparking permit. City employees parking motorcycles on other CitX property where a City_parking spermit is required may coMply with this section by displaying a valid City parking permit on such motorcycle in a clearly visible location. 2. A vehicle displaying a valid temporary City_parking permit, issued by the Human Resources Department, displayed on the dashboard of such vehicle, and visible from the outside of such vehicle, may park in the parking lot on the east side of Meridian City Hall. 3. City-owned vehicles may be parked on City property without displayinjz a City parking permit. Section 18. That all City of Meridian ordinances, or parts thereof, that are in conflict with this ordinance are hereby repealed. Section 19. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 22nd day of August, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 22nd day of August, 2023. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk PARKING ORDINANCE UPDATES PAGE 9 CERTIFICATION OF SUMMARY : William L .M . Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the a!te Z. . J., William L . M . Nary, City Attorney PARKING ORDINANCE UPDATES PAGE 10 SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 23 -2032 An ordinance amending the title of Title 7,Meridian City Code to"Traffic and Parking";amending the title of Title 7, Chapter 1, Meridian City Code to "Traffic Code"; amending Meridian City Code section 7-1-2, regarding traffic infractions; repealing Meridian City Code sections 7-1-3 (regarding repairing vehicles in city streets),7-1-4(regarding emergency vehicles;restrictions near fire) and 7-1-5 (regarding school and city property); amending Meridian City Code section 7-1-6 (Speed restrictions); repealing Meridian City Code section 7-1-7, regarding driving through funeral procession; amending Meridian City Code section 7-1-8, regarding U-turns; amending Meridian City Code section 7-1-9,regarding electric power-assisted scooters; amending Meridian City Code section 7-1-10, regarding center turn lanes; amending Meridian City Code section 7-1- 11, regarding use of public or private property as a throughway; amending Meridian City Code section 7-1-12, regarding negligent driving; amending Meridian City Code section 7-1-13, regarding air compression brakes; repealing and replacing Meridian City Code section 7-2-1, regarding definitions; amending Meridian City Code section 7-2-2, regarding prohibited parking; amending Meridian City Code section 7-2-5,regarding parking on public streets other than alleys; amending Meridian City Code section 7-2-6, regarding Parking on public property other than streets and alleys and parking in City parks; 7-2-7, regarding parking on City property where parking permit required; repealing conflicting ordinances; and providing an effective date. The full text of this ordinance is available at Meridian City Hall, City Clerk's Office, 33 E. Broadway Avenue, Meridian, Idaho. PARKING ORDINANCE UPDATES PAGE 11