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HomeMy WebLinkAbout2023-10-03 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 03, 2023 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman John Overton PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted PUBLIC FORUM – Future Meeting Topics PROCLAMATIONS \[Action Item\] 1. Fire Prevention Month ACTION ITEMS 2. Public Hearing for Fiscal Year 2024 Public Works Fee Updates 3. Resolution 23-2417: A Resolution Adopting new fees of the Meridian Public Works Department; Authorizing City Staff to Collect Such Fees; and Providing an Effective Date Approved Motion to approve made by Councilwoman Strader, Seconded by Councilwoman Perreault. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 4. Public Hearing for Boise Regional Realtors (H-2023-0046) by Jackson Bidwell, EV Studio, located at 1911 S. Wells Ave. Approved Application Materials: https://bit.ly/H-2023-0046 A. Request: Vacation to vacate a 20-foot by 20-foot City of Meridian Water Easement. Motion to approve made by Councilwoman Perreault, Seconded by Councilman Hoaglun. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener ORDINANCES \[Action Item\] 5. Ordinance No. 23-2037: An Ordinance amending Unified Development Code section 11-2A-2, Table 11-2A-2, concerning allowed uses in residential districts; amending Unified Development Code section 11-3A-3(A) concerning access to streets; amending Unified Development Code section 11-3C-6, Table 11-3C-6, concerning required parking spaces for residential use; amending Unified Development Code section 11-4-3-2 concerning arts, entertainment or recreation facility specific use standards; amending Unified Development Code section 11-4- 3-10 concerning drinking establishment specific use standards; amending Unified Development Code section 11-4-3-27(B) concerning site design requirements for multi-family developments; amending Unified Development Code section 11-4-3- 27(C) concerning alternative compliance to open space standards for multifamily developments; amending Unified Development Code section 11-4-3-41 concerning vertically integrated residential project specific use standards; amending Unified Development Code section 11-5A-3(F) concerning request for City Council review; amending Unified Development Code section 11-5A-4 concerning administrative process; amending Unified Development Code section 11-5A-6 concerning public hearing process; amending Unified Development Code section 11-5A-7 concerning City Council review process; amending Unified Development Code section 11-5B-5, Table 11-5B-5, concerning alternative compliance; amending Unified Development Code section 11-5B-5(E) concerning alternative compliance required findings; amending Unified Development Code section 11-5B-6(E) concerning conditional use findings; amending Unified Development Code section 11-6C-3(D) concerning common driveways standards; and providing an effective date. Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 6:26 PM Meridian City Council October 3, 2023. A Meeting of the Meridian City Council was called to order at 6:00 p.m. Tuesday, October 3, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Luke Cavener, Jessica Perreault and Liz Strader. Members Absent: John Overton Other Present: Chris Johnson, Bill Nary, Linda Ritter, Laurelei McVey, Clint Dolsby, Berle Stokes, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader X Joe Borton _X_ Brad Hoaglun John Overton _X_ Jessica Perreault _X—Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it's October 3rd, 2023. It's 6:00 p.m. We will begin this evening's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next up is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: We had no one signed up for the community invocation. ADOPTION OF AGENDA Simison: So, we will move right on to adoption of the agenda. Hoaglun: Mr. Mayor, no changes on this evening's agenda, so I move approval of the agenda as published. Strader: Second. Meridian City Council Work Session September 26,2023 Page 2 of 10 Simison: Have a motion and a second to approve the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, anyone signed up under public forum? Johnson: Mr. Mayor, there is none. PROCLAMATIONS [Action Item] 1. Fire Prevention Month Simison: Okay. Then we will move right on to Item 1, which is proclamation for Fire Prevention Month. Herb, if you would like to join me at the podium or -- we want the public to see your good side in that regard. So, as mentioned, we are here for Fire Prevention Month and, Herb, thank you for being here to accept this proclamation on behalf of myself and City Council. So, we will go with that and say a few words and let you say a few words as well. Whereas the City of Meridian is committed to ensuring the safety and security of all those living in and visiting their city and whereas fire is a serious public safety concern, both nationally and locally, and homes are the locations where people are at the greatest risk from fire and whereas Meridian's first responders are dedicated to reduce the occurrence of home fires and related injuries through prevention education and whereas Meridian residents are responsive to public education measures and are able to take personal steps to increase their safety from fire and whereas this year's theme, Cooking Safety Starts With You. Pay Attention to Fire Prevention, effectively reminds us that cooking is still the leading cause of residential fires in the United States. The Meridian Fire Department asks everyone to stay in the kitchen whenever you are cooking and not to leave your cooking unattended. Therefore, I, Mayor Robert E. Simison, proclaim the month of October 23rd -- October 2023 as Fire Prevention Month in the City of Meridian and call upon the community to heed the important safety message of Fire Prevention Month and stay in the kitchen and avoid any distractions that remove your focus from what is on the stove to keep our community safe, dated this 3rd day of October 2023. So, on behalf of myself and Council please accept this proclamation and thank you for being here to help support Fire Prevention Month. Griffin: Thank you very much. Thank you, Council. We want to thank the public also for coming out on Saturday. We had a wonderful turnout despite the weather at our Public Safety Day and we are just real happy to be able to get this safety message out to the public and keep everybody as safe as possible. Thank you. Meridian City Council Work Session September 26,2023 Page 3 of 10 ACTION ITEMS 2. Public Hearing for Fiscal Year 2024 Public Works Fee Updates Simison: With that, Council, we will move on to tonight's Action Items. First item up is a public hearing for fiscal year 2020 for Public Works fee updates. We will open this public hearing with staff comments from Director McVey. McVey: Good evening, Mayor and Council. We don't have any additional presentation, but we did not receive any public feedback on this one. Again, this is just our pass- through costs for fees for when damage occurs, like hitting streetlights or fire hydrants. So, they are just direct pass-through costs. Simison: Thank you. Council, any questions? Okay. Thank you very much. So, this is a public hearing. Mr. Clerk, did we have anyone sign up? Johnson: Mr. Mayor, we did not. Simison: Okay. Is there anybody present or online who would like to provide testimony on this item? Seeing none, do I have a motion to close the public hearing? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we close the public hearing. Perreault: Second. Simison: Have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. 3. Resolution 23-2417: A Resolution Adopting new fees of the Meridian Public Works Department; Authorizing City Staff to Collect Such Fees; and Providing an Effective Date Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: If we are okay with moving to the next item, I move that we approve Resolution 23-2417, a resolution adopting new fees of the Meridian Public Works Department, authorizing city staff to collect such fees and providing an effective date. I would just Meridian City Council Work Session September 26,2023 Page 4 of 10 note that, you know, these fees are pure pass-through costs and I think we have had a couple of different discussions on it already. Simison: Have a motion. Do I have a second? Perreault: Mr. Mayor, did you get a second? I second that motion. Simison: Have a motion and a second. Do I have discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, absent. Simison: All ayes. Motion carries and the item is agreed to. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. 4. Public Hearing for Boise Regional Realtors (H-2023-0046) by Jackson Bidwell, EV Studio, located at 1911 S. Wells Ave. A. Request: Vacation to vacate a 20-foot by 20-foot City of Meridian Water Easement. Simison: Next item up is Item 4, a public hearing for Boise Regional Realtors, H-2023- 0046. We will open this public hearing with staff comments. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: While the staff is preparing just like to make it known that I am a member of the Boise Regional Realtors and I discussed that membership with our legal team, who has cleared me to be involved in the voting this evening. I have no decision making capacity on behalf of the realtors in any way, so I just wanted to put that out there for the public. Simison: Thank you. Ritter: Good evening, Mayor and Council. I'm Linda Ritter, associate planner for the City of meridian. So, tonight we are talking about the Boise Regional Realtors vacation request, Item No. H-2023-0046. This site consists of 1.236 acres of land, zoned C-Z, located at 1911 South Wells Avenue. Again this request is to vacate a 20-by-20 foot City of Meridian water easement located along the northeast corner of Lot 5, Block 3, of Gramercy Subdivision No. 1. A certificate of zoning certification and design review application, A-2022-0030, has been approved for construction of a one story 8,470 square foot office building at this location. It has been constructed, so the eight inch Meridian City Council Work Session September 26,2023 Page 5 of 10 water stub that was located within this easement has been abandoned and/or removed. The property is, instead, served by a water stub at the southeast corner of site. A relinquish letter was received from the City of Meridian for the easement proposed to be vacated. Since this is only a city water easement, no other relinquish letters from the various other utilities providers are required. So, staff is recommending approval of this. We had no public written testimony and at this time I will stand for any questions that the Council has. Simison: Thank you, Linda. Council, any questions for staff? Okay. Were we expecting the applicant to be here this evening? Ritter: I thought he was sitting at the back of the room there. I'm not having much luck with these, am I? Simison: Okay. Ritter: But we do have someone from Public Works who can verify that the easement is not in use. Simison: Mr. Dolsby, would you like to do -- say those words officially? Dolsby: Mr. Mayor, Members of the Council, yes, that easement is not in use and we do not need the easement. We are in favor of the application. Simison: Thank you. Seeing no applicant, is there anybody else present that would like to provide testimony, even though there is nobody else in the room or online that's not a city staff, just so Council who is not here is aware. How would you like to proceed? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I will just provide some perspective so you know where I'm coming from. This is a pretty cut and dry application. However, a number of weeks ago I think we had another very cut and dry application where the applicant wasn't there. During that meeting I said I wouldn't feel comfortable voting on any type of application without at least hearing from the applicant. Certainly we don't have anybody from the public that's here. Should there have been somebody here I think the applicant has an obligation to be here as well. So, I will either be abstaining tonight or voting no on this application or being supportive of a continuance to allow the applicant to be here for a precedent to be set. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session September 26,2023 Page 6 of 10 Strader: Yeah. I have a similar thought. I think I have expressed this in the past before. It's important for people to show up. I just am concerned that it sort of promotes bad behavior if we continue to let people come forward and they don't show up and it is important, because if there was a member of the public and they are not here. But I would also be in support of a continuance or a nay vote on it tonight or at least abstain from it as well. I just -- I think maybe it would be good for the Community Development Department to just communicate to all applicants on -- on these matters going forward -- and I'm sure we do, but just to like kind of let them know that it's important that they show up to their public hearing. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Just regarding this, you know, the last situation that happened it was a deal where they apologized profusely and one of those things where they thought someone within their organization was covering, the other folks in the organization thought the other one was covering and they weren't able to make it. It was pretty straightforward. I have no idea what -- what this is about. We certainly do prefer that they -- they show up, but being that it's a city only type of easement, we know that it's not there, there is no situation to that. Maybe if a letter is sent to them expressing their displeasure that they didn't show, but we took action just to move forward with this, get it done. I don't know if there is major repercussions if we don't do it now, if we delay it, but I think just letting them know that the ex -- what the expectation is and have Linda pass on to the superiors in her department that they can pass that along as well, that we expect to hear from them and we have an online system now, it's a lot easier, you don't have to actually physically show up, but we do have that expectation. So, if -- if we want to just move this forward I'm fine with doing that, so -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I agree with Council President Hoaglun, because the City of Meridian is a party to this and it is a water easement that belongs to the city. I don't have any hesitation in moving forward. If that wasn't the case I -- I would be inclined to agree with my -- my other Council Members, but I myself don't have an issue with -- with proceeding. With that said, did -- did we close the public hearing? Simison: We have not yet. Perreault: Are we ready -- we are ready -- do we feel like we have asked appropriately for any testimony that might be taken? Meridian City Council Work Session September 26,2023 Page 7 of 10 Simison: Yes. There is nobody online that's not a city staff member and no one in the room who is here. If you want to take a five minute recess, I bet you we could get a representative from BRR to Zoom in. We can try to do that if you prefer. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah, let's take a five minute recess, try to -- try to get someone on and let's be here and have everyone on the same page with this, so -- that will be good thing. Simison: Okay. We will recess for five minutes. (Recess: 6:15 p.m. to 6:20 p.m.) Simison: So, we will go ahead and come back from recess. I understand the applicant is -- a representative of the applicant is with us this evening. Cameron, are you there? Kinzer: Yes, I'm here. Simison: Okay. Do you have any comments regarding the application on behalf of the applicant -- applicant? Kinzer: I do not. I reviewed the documents and I think everything was in order. So, I don't have any comments to add from the BRR. Simison: We will take that as in -- in agreement with the staff report and conditions. Yeah. And, Cameron, can you state your name and address for the record? Kinzer: Yeah. Cameron Kinzer. I live at 4344 North Vera Street in Boise, Idaho. 83704. Simison: Thank you. Council, any questions for the applicant? Okay. Would the applicant like to make any final comments? Kinzer: No, thank you. Simison: Okay. Then do I have a motion to close the public hearing? Perreault: Mr. Mayor, I move that we close the public hearing for h-2023-0046. Hoaglun: Second the motion. Simison: Have a motion and a second to close the public hearing. All in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. Meridian City Council Work Session September 26,2023 Page 8 of 10 MOTION CARRIED: FIVE AYES. ONE ABSENT. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: After considering all staff, applicant and public testimony, I move to approve File No. H-2023-0046 as presented in the staff report for the hearing date of October 3rd, 2023. Hoaglun: Second the motion. Simison: Have a motion and a second to approve Item H-2023-0046. Is there discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, absent. Simison: All ayes. Motion carries. The item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ORDINANCES [Action Item] 5. Ordinance No. 23-2037: An Ordinance amending Unified Development Code Section 11-2A-2, Table 11-2A-2, concerning allowed uses in residential districts; amending Unified Development Code section 11-3A-3(A) concerning access to streets; amending Unified Development Code section 11-3C-6, Table 11-3C-6, concerning required parking spaces for residential use; amending Unified Development Code section 11-4-3-2 concerning arts, entertainment or recreation facility specific use standards; amending Unified Development Code section 11-4-3-10 concerning drinking establishment specific use standards; amending Unified Development Code section 11-4-3-27(B) concerning site design requirements for multi-family developments; amending Unified Development Code section 11-4-3-27(C) concerning alternative compliance to open space standards for multifamily developments; amending Unified Development Code section 11-4-3-41 concerning vertically integrated residential project specific use standards; amending Unified Development Code section 11-5A-3(F) concerning request for City Council review; amending Unified Development Code Section 11-5A-4 concerning administrative process; amending Unified Development Code section 11-5A-6 concerning public hearing process; amending Unified Development Code section 11- 5A-7 concerning City Council review process; amending Unified Meridian City Council Work Session September 26,2023 Page 9 of 10 Development Code section 11-513-5, Table 11-513-5, concerning alternative compliance; amending Unified Development Code section 11-5B-5(E) concerning alternative compliance required findings; amending Unified Development Code section 11-5B-6(E) concerning conditional use findings; amending Unified Development Code Section 11-6C-3(D) concerning common driveways standards; and providing an effective date. Simison: With that we will move on to Item 5, which is Ordinance No. 23-2037. Ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance amending Unified Development Code Section 11-2A-2, Table 11-2A-2, concerning allowed uses in residential districts; amending Unified Development Code Section 11-3A-3(A) concerning access to streets; amending Unified Development Code Section 11-3C-6, Table 11-3C-6, concerning required parking spaces for residential use; amending Unified Development Code Section 11-4-3-2 concerning arts, entertainment or recreation facility specific use standards; amending Unified Development Code Section 11-4- 3-10 concerning drinking establishment specific use standards; amending Unified Development Code Section 11- 4-3-27(B) concerning site design requirements for multi-family developments; amending Unified Development Code Section 11-4-3- 27(C) concerning alternative compliance to open space standards for multifamily developments; amending Unified Development Code Section 11-4-3-41 concerning vertically integrated residential project specific use standards; amending Unified Development Code Section 11-5A-3(F) concerning request for City Council review; amending Unified Development Code Section 11-5A-4 concerning administrative process; amending Unified Development Code Section 11- 5A-6 concerning public hearing process; amending Unified Development Code Section 11-5A-7 concerning City Council review process; amending Unified Development Code Section 11-513-5, Table 11-513-5, concerning alternative compliance; amending Unified Development Code Section 11-5B-5(E) concerning alternative compliance required findings; amending Unified Development Code Section 11-5B-6(E) concerning conditional use findings; amending Unified Development Code Section 11-6C-3(D) concerning common driveways standards; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Seeing none, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: That was just the title? I move -- I move that we approve Ordinance No. 23- 2037. Strader: Second. Meridian City Council Work Session September 26,2023 Page 10 of 10 Seal: Have a motion and a second to approve Ordinance No. 23-2037. Is there discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, absent. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: In light of this ordinance, one of the items that Planning has presented to us a couple of times is conversation regarding adding additional locations in the city where buildings up to a hundred feet can be built and I would like to request that we have the Fire Department bring some more information to us to how those buildings would be responded to and so I know we had talked about possibly putting that on a work session agenda sometime in October, but I don't know what the plan is, so -- Simison: It's on for October 17. Perreault: Wonderful. Okay. Thank you very much. Simison: Okay. Anything else under future main topics? And if not, do I have a motion to adjourn? Hoaglun: Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6.26 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10 / 17 / 2023 MAYOR ROBERT E. SIMISON DATE APPROVED 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. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN - IN SHEET Date : October 3 , 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 and Zoning or City Council o Complain about city staff, individuals , business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3 - minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum ) Name ( please print ) Brief Description of Discussion Topic E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fire Prevention Month E IDIAN IDAHO The Office of the .Mayor PRO CLANA �rloar WHEREAS, the City of Meridian is committed to ensuring the safety and security of all those living in and visiting our city; and, WHEREAS, fire is a serious public safety concern both nationally and locally, and homes are the locations where people are at greatest risk from fire; and, WHEREAS, Meridian's first responders are dedicated to reduce the occurrence of home fires and related injuries through prevention education; and, WHEREAS, Meridian's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and, WHEREAS, this year's theme, "Cooking safety stars with YOU. Pay attention to fire prevention" effectively reminds us that cooking is still the leading cause of residential fires in the United States. The Meridian Fire Department asks everyone to stay in the kitchen whenever you are cooking and not to leave your cooking unattended. THEREFORE, 1, Mayor Robert E. Simison, hereby proclaim the month of October 2023 as ,dire Prevention Nonth in the City of Meridian and call upon the community to heed the important safety message of Fire Prevention Month and stay in the kitchen and avoiding distractions that remove your focus from what's on the stove to keep oup<DVimunity safe. Dated this 3rd day of October, 2023 Ro ert EC:City on, Mayor Brad Ho Council President I� Joe Borton, City Council Vice-President Luke Cavener, City Council Jessica Perrault, City Council Liz Strader, City Council John Overton, City Council � z, x 9' V l • . 1 1 OFF ALL OF : Flit t VOL o OFFIL OF „! On t LF OF F. OFF ' . �. o -�T 1y- 1 t t IOF `4L 7 \' OFF } y LF • JOE BORTON -- ¢ - - OF, LUKE CAVENER i 0 �i t t 4 OFF FOLI ILI r _ •F. , OF IF FOL OFF 't OFF LOLL OF :..,...i.. liF+. v. OF ON Ilt r ON "'fjh�'►��.�.�'a��-` � !rl+_`i E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Fiscal Year 2024 Public Works Fee Updates i PUBLIC HEARING SIGN IN SHEET DATE : October 3v 2023 ITEM # ON AGENDA : 2 PROJECT NAME : Fiscal Year 2024 Public Works Fee Updates Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Maya Robert E . Simison IDIAN � City Council Members: Joe 6o �ton John Overton D A H O Liz Strader Jessica Peneaut Public Works Brad Hoaglun Luke Cavener Department 000 TO : Mayor Robert E . Simison Members of the City Council FROM : Laurelei McVey , PW Director DATE : October 3 , 2023 SUBJECT : PUBLIC HEARING & RESOLUTION — PUBLIC WORKS FY24 FEE UPDATE REQUESTED COUNCIL DATE : I . RECOMMENDED ACTION A . Move to : 1 . Approve the updates to the FY24 Public Works Fee Schedule 2 . Authorize the Mayor to sign the agreement II . DEPARTMENT CONTACT PERSONS Alexander Freitag , Business Division Manager 208489 - 0376 Laurelei McVey , Director of Public Works 208489 - 0365 III . DESCRIPTION A . Proposal The Public Works Department performed the annual review of the PW fees contained on the City - Wide Fee Schedule . Of the 189 PW fees , Public Works is adjusting or deleting 78 fees all are a direct reflection of current quotes received from City vendors . All fees are pass - through fees to City customers and no mark - ups are applied . Page I of 2 VI . LIST OF ATTACHMENTS FY24 Fee Changes for Public Hearing Doc - Final - 9 - 12 - 23 - CM Approved for Council Agenda : pP g Page 2 of 2 Fee Description Current Fee New Fee for FY24 MOMM Amount Qualified Licensed Professional Engineer(QLPE)Review Engineering/Develop (Any project reviewed per the provisions of Idaho Code 39- ment Services 118(2d.). The QLPE review fee includes only the $307.66 $316.89 engineering drawing sheets,and does not include cover sheets,standard details or note sheets.) 14 Fees deleted Water Meters: 1 1/2 inch C-2 Measuring Chamber Assembly $1,034.65 $1,117.42 12 Fees lowered Water Meters: 1 1/2 inch C-2 Measuring Chamber Assembly(Reclaimed) $1,061.78 Delete 5 Fees increased,but less than 5% Water Meters: 1 1/2 inch C-2 Meter(Reclaimed) $1,550.91 Delete 47 Fees increased 5%or more Water Meters: 1 1/2 Inch Meter(Irrigation)T2 $1,075.91 $1,161.98 Water Meters: 1 1/2 inch meter C2 $1,572.11 $1,697.88 Water Meters: 1 1/2 inch T-2 Measuring Chamber Assembly $718.30 $775.76 Water Meters: 1 1/2 inch T-2 Measuring Chamber Assembly(Reclaimed) $752.00 Delete Water Meters: 1 1/2 inch T-2 Meter(Reclaimed) $1,099.83 Delete Water Meters: 1 inch meter $216.11 $233.40 Water Meters: 1 inch Meter(Reclaimed) $225.37 Delete Water Meters: 2 inch C-2 Measuring Chamber Assembly $1,034.65 $1,117.42 Water Meters: 2 inch C-2 Measuring Chamber Assembly(Reclaimed) $1,061.78 Delete Water Meters: 2 inch C-2 Meter(Reclaimed) $1,795.48 Delete Water Meters: 2 Inch Meter(Irrigation)T2 $1,306.35 $1,410.86 Water Meters: 2 inch meter C2 $1,741.13 $1,880.42 Water Meters: 2 inch T-2 Measuring Chamber Assembly $718.30 $775.76 Water Meters: 2 inch T-2 Measuring Chamber Assembly(Reclaimed) $752.00 Delete Water Meters: 2 inch T-2 Meter(Reclaimed) $1,300.91 Delete Water Meters: 3 inch Meter C2 $2,111.34 $2,280.25 Water Meters: 3 inch C-2 Measuring Chamber Assembly $1,434.69 $1,549.47 Water Meters: 3 Inch MeterT2 $1,461.31 $1,578.21 Water Meters: 3 inch T-2 Measuring Chamber Assembly $996.03 $1,075.71 Water Meters: 3/4 inch meter $160.70 $173.56 Water Meters: 3/4 inch Meter(Reclaimed) $185.70 Delete Fee Description Water Meters: 3/4 inch meter(short) Amount $160.70 $173.56�m Elm Water Meters: 4 inch C-2 Measuring Chamber Assembly $1,509.61 $1,630.38 Water Meters: 4 inch C-2 Measuring Chamber Assembly(Reclaimed) $1,531.35 Delete Water Meters: 4 inch C-2 Meter(Reclaimed) $3,806.35 Delete Water Meters: 4 inch compound meter C2 $3,806.35 $4,110.86 Water Meters: 4 inch T-2 Measuring Chamber Assembly $1,055.26 $1,139.68 Water Meters: 4 inch T-2 Measuring Chamber Assembly(Reclaimed) $1,077.00 Delete Water Meters: 4 inch T-2 Meter(Reclaimed) $3,105.26 Delete Water Meters: 4 inch Turbo Meter(Irrigation)T2 $3,072.65 $3,318.46 Water Meters: 6 inch Compound Meter C2 $6,334.00 $6,840.72 Water Meters: 6 inch C-2 Measuring Chamber Assembly $2,788.39 $3,011.46 Water Meters: 6 Inch Meter T2 $5,121.66 $5,531.39 Water Meters: 6 inch T-2 Measuring Chamber Assembly $1,886.74 $1,910.90 Water Meters: Backflow Assembly 1 1/2" $738.10 $774.95 Water Meters: Backflow Assembly 1" $400.96 $420.90 Water Meters: Backflow Assembly 2" $792.49 $832.03 Water Meters: Backflow Assembly 3/4" $392.25 $411.67 Water Meters: Backflow Test Port Valve $14.75 $19.95 Dual Port MXU(*b) Water Meters: (*b)Charge is half the cost of a dual MXU for dual meter $120.56 $130.21 installation in a single common meter vault.(Full replacement cost of a dual port MXU is$260.42) Water Meters: Hydrant Meter H2 $1,621.57 $1,751.30 Water Meters: OMNI Hydrant Meter H2 Handle $33.40 $36.07 Water Meters: OMNI Hydrant Meter H2 Register w/Measuring Chamber, $1,007.43 $1,088.02 Complete Water Meters: Single Port MXU $206.89 $223.44 Water System Repair 1 inch Angle Valve $124.81 $137.13 Fee: Water System Repair�10" Repair Coupler $618.42 $576.11 Fee: Fee Description Amount Water System Repair 12" Repair Coupler $732.55 $674.90 Fee: Water System Repair 2 inch Angle Valve $388.83 $417.96 Fee: Water System Repair 3/4 inch angle valves $82.85 $92.40 Fee: Water System Repair 3/4"Road Base Material-per yd w/delivery $20.11 $22.32 Fee: Water System Repair 6" Repair Coupler $372.81 $353.09 Fee: Water System Repair 8" Repair Coupler $471.70 $442.74 Fee: Water System Repair Adapter 3/4"MIP x HT $8.50 $4.98 Fee: Water System Repair Bushing 1"x 3/4" $4.90 $4.81 Fee: Water System Repair Bushing 2"x 1"Brass $18.94 $18.68 Fee: Water System Repair Cast-Iron Valve Lid $20.16 $20.73 Fee: Water System Repair Fire Hydrant Assembly $3,090.61 $3,713.13 Fee: Water System Repair Hydrant-6"Extension $742.54 $787.28 Fee: Water System Repair Hydrant Break-Away Kit $363.84 $370.26 Fee: Water System Repair Hydrant Meter 2.5 FHT Swivel/no screen $143.15 $156.25 Fee: Water System Repair Hydrant Meter Gate Valve Handle 2" $40.60 $39.06 Fee: Water System Repair Lid Only-24"Manhole Cover $155.79 $165.85 Fee: Water System Repair Manhole Ring $213.93 $261.58 Fee: Water System Repair Fee: Meter Setter 1.5 inch $1,782.45 $1,930.99 Water System Repair Non-Traffic Rated 42"Meter Tub/Tile for Single/Double $181.30 $220.83 Fee: Services Water System Repair Non-Traffic Rated Standard Lid&Ring $240.89 $188.79 Fee: Water System Repair Padlock $4.88 $9.00 Fee: Water System Repair Silt Sand-per yard $27.70 $30.28 Fee: Water System Repair Sod sf ft $0.34 $0.37 Fee: Water System Repair Traffic Rated Lid 20" $153.20 $52.35 Fee: Water System Repair Traffic Rated Meter Tub 42" $169.43 $40.05 Fee: Water System Repair Traffic Rated Ring 20" $213.66 $146.85 Fee: Fee Description Amount Water System Repair Valve Box-26"Top Section $78.32 $80.49 Fee: Water System Repair Valve Box-36"Bottom Section $68.96 $76.05 Fee: V IDIAN� AGENDA ITEM ITEM TOPIC: Resolution 23-2057: A Resolution Adopting new fees of the Meridian Public Works Department; Authorizing City Staff to Collect Such Fees; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2057 BY THE CITY COUNCIL: BORTON, CAVENER,HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION ADOPTING NEW FEES OF THE MERIDIAN PUBLIC WORKS DEPARTMENT; AUTHORIZING CITY STAFF TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice in the Idaho Press on September 17, 2023 and September 24, 2023, according to the requirements of Idaho Code section 63-1311A, on October 3, 2023, the City Council of the City of Meridian held a hearing on the adoption of proposed new fees as set forth herein; and WHEREAS, following such hearing, the City Council,by formal motion, did approve said proposed new fees; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the fees set forth in Exhibit A are hereby adopted, and shall be effective on October 4, 2023. Section 2. That City staff are hereby authorized to implement and carry out the collection of said fees. Section 3. That, as of October 4, 2023, the fees set forth herein will supersede all previous fees previously adopted for such services. ADOPTED by the City Council of the City of Meridian, Idaho, this 3rd day of October, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 3rd day of October, 2023. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk RESOLUTION ADOPTING PUBLIC WORKS FEES PAGE 1 EXHIBIT A Fee Description Amount Engineering/Development Qualified Licensed Professional Engineer(QLPE)Review $316.89 Services: Water Meters: 1 1/2 inch C-2 Measuring Chamber Assembly $1,117.42 Water Meters: 1 1/2 inch C-2 Measuring Chamber Assembly(Reclaimed) Delete Water Meters: 1 1/2 inch C-2 Meter Reclaimed Delete Water Meters: 1 1/2 Inch Meter(Irrigation)T2 $1,161.98 Water Meters: 1 1/2 inch meter C2 $1,697.88 Water Meters: 1 1/2 inch T-2 Measuring Chamber Assembly $775.76 Water Meters: 1 1/2 inch T-2 Measuring Chamber Assembly(Reclaimed) Delete Water Meters: 1 1/2 inch T-2 Meter Reclaimed Delete Water Meters: 1 inch meter $233.40 Water Meters: 1 inch Meter(Reclaimed) Delete Water Meters: 2 inch C-2 Measuring Chamber Assembly $1,117.42 Water Meters: 2 inch C-2 Measuring Chamber Assembly(Reclaimed) Delete Water Meters: 2 inch C-2 Meter Reclaimed Delete Water Meters: 2 Inch Meter(Irrigation)T2 $1,410.86 Water Meters: 2 inch meter C2 $1,880.42 Water Meters: 2 inch T-2 Measuring Chamber Assembly $775.76 Water Meters: 2 inch T-2 Measuring Chamber Assembly Reclaimed Delete Water Meters: 2 inch T-2 Meter(Reclaimed) Delete Water Meters: 3 inch Meter C2 $2,280.25 Water Meters: 3 inch C-2 Measuring Chamber Assembly $1,549.47 Water Meters: 3 Inch Meter T2 $1,578.21 Water Meters: 3 inch T-2 Measuring Chamber Assembly $1,075.71 Water Meters: 3/4 inch meter $173.56 Water Meters: 3/4 inch Meter(Reclaimed) Delete Water Meters: 3/4 inch meter(short) $173.56 Water Meters: 4 inch C-2 Measuring Chamber Assembly $1,630.38 Water Meters: 4 inch C-2 Measuring Chamber Assembly(Reclaimed) Delete Water Meters: 4 inch C-2 Meter(Reclaimed) Delete Water Meters: 4 inch compound meter C2 $4,110.86 Water Meters: 4 inch T-2 Measuring Chamber Assembly $1,139.68 Water Meters: 4 inch T-2 Measuring Chamber Assembly(Reclaimed) Delete Water Meters: 4 inch T-2 Meter(Reclaimed) Delete Water Meters: 4 inch Turbo Meter(Irrigation)T2 $3,318.46 Water Meters: 6 inch Compound Meter C2 $6,840.72 Water Meters: 6 inch C-2 Measuring Chamber Assembly $3,011.46 Water Meters: 6 Inch Meter T2 $5,531.39 Water Meters: 6 inch T-2 Measuring Chamber Assembly $1,910.90 Water Meters: Backflow Assembly 1 1/2" $774.95 Water Meters: Backflow Assembly 1" $420.90 Water Meters: Backflow Assembly 2" $832.03 Water Meters: Backflow Assembly 3/4" $411.67 Water Meters: Backflow Test Port Valve $19.95 Water Meters: Dual Port MXU $130.21 Water Meters: Hydrant Meter H2 $1,751.30 RESOLUTION ADOPTING PUBLIC WORKS FEES PAGE 2 Water Meters: OMNI Hydrant Meter H2 Handle $36.07 Water Meters: OMNI Hydrant Meter H2 Register w/Measuring Chamber, $1,088.02 Complete Water Meters: Single Port MXU $223.44 Water System Repair Fee: 1 inch Angle Valve $137.13 Water System Repair Fee: 10" Repair Coupler $576.11 Water System Repair Fee: 12" Repair Coupler $674.90 Water System Repair Fee: 2 inch Angle Valve $417.96 Water System Repair Fee: 3/4 inch Angle Valve $92.40 Water System Repair Fee: 3/4"Road Base Material-per yd w/delivery $22.32 Water System Repair Fee: 6" Repair Coupler $353.09 Water System Repair Fee: 8" Repair Coupler $442.74 Water System Repair Fee: Adapter 3/4" MIP x HT $4.98 Water System Repair Fee: Bushing 1" x 3/4" $4.81 Water System Repair Fee: Bushing 2" x 1" Brass $18.68 Water System Repair Fee: Cast-Iron Valve Lid $20.73 Water System Repair Fee: Fire Hydrant Assembly $3,713.13 Water System Repair Fee: Hydrant-6" Extension $787.28 Water System Repair Fee: Hydrant Break-Away Kit $370.26 Water System Repair Fee: Hydrant Meter 2.5 FHT Swivel/no screen $156.25 Water System Repair Fee: Hydrant Meter Gate Valve Handle 2" $39.06 Water System Repair Fee: Lid Only-24" Manhole Cover $165.85 Water System Repair Fee: Manhole Ring $261.58 Water System Repair Fee: Meter Setter 1.5 inch $1,930.99 Water System Repair Fee: Non-Traffic Rated 42"Meter Tub/Tile for Single/Double $220.83 Services Water System Repair Fee: Non-Traffic Rated Standard Lid&Ring $188.79 Water System Repair Fee: Padlock $9.00 Water System Repair Fee: Silt Sand-per yard $30.28 Water System Repair Fee: Sod sf ft $0.37 Water System Repair Fee: Traffic Rated Lid 20" $52.35 Water System Repair Fee: Traffic Rated Meter Tub 42" $40.05 Water System Repair Fee: Traffic Rated Ring 20" $146.85 Water System Repair Fee: Valve Box-26" Top Section $80.49 Water System Repair Fee: Valve Box-36" Bottom Section $76.05 RESOLUTION ADOPTING PUBLIC WORKS FEES PAGE 3 E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 City Council Meeting October 3, 2023 Item #4: Boise Regional Realtors VAC H0046-2023- Vacation of a 20’ x 20’ City of Meridian Water Easement Changes to Agenda: \[if applicable\] Item #4: Boise Regional Realtors (H-2023-0046) Application(s): Vacation  Size of property, existing zoning, and location: This site consists of 1.236 acres of land, zoned C-G, located at 1911 S. Wells Avenue. Summary of Request: The request is to vacate the 20’x 20’ City of Meridian water easement located along the northeast corner of Lot 5, Block 3 of Gramercy Subdivision No. 1. A Certificate of Zoning Certification and Design Review application (A-2022-0030) has been approved for the construction of a one story, 8,470 square foot office building at this location. The 8-inch water stub that was located within this easement has been abandoned and/or removed. The property is instead served by a water stub at the southeast corner of the site. A relinquishment letter was received from the City of Meridian for the easement proposed to be vacated. Since this is only a City water easement, no other relinquishment letters from the various other utility providers are required. Staff Recommendation: Approval Written Testimony: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0046, as presented in the staff report for the hearing date of October 3, 2023: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0046, as presented during the hearing on October 3, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0046 to the hearing date of October 3, 2023 for the following reason(s): (You should state specific reason(s) for continuance.) E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Boise Regional Realtors (H-2023-0046) by Jackson Bidwell, EV Studio, located at 1911 S. Wells Ave. Application Materials: https://bit.ly/H-2023-0046 A. Request: Vacation to vacate a 20-foot by 20-foot City of Meridian Water Easement. PUBLIC HEARING SIGN IN SHEET DATE : October 3, 2023 ITEM # ON AGENDA : 4 PROJECT NAME : Boise Regional Realtors ( W2023 - 0046 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes , please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING October 3,2023 Legend T DATE: C G 0 Project Location TO: Mayor&City Council I' FROM: Linda Ritter,Associate Planner 208-884-5533 ;C-G SUBJECT: H-2023-0046 = @ B -------'-_ Boise Regional Realtors -VAC C-G J LO LOCATION: 1911 S Wells Avenue, in the W 1/4 of the C-C- NE '/4 Section 20 T.3N. R.IE. 5 R-4 N.-R R 40 5 � I. PROJECT DESCRIPTION Request to vacate the City of Meridian water easement located at the northeast corner of Lot 5, Block 3 of Gramercy Subdivision No. 1 at 1911 S.Wells Avenue. II. APPLICANT INFORMATION A. Applicant: Jason Bidwell,EV Studio, 725 E. 2nd Street, Meridian,ID 83642 B. Owner: Boise Regional Realtors Education Foundation Inc.— 1911 S. Wells Avenue,Meridian,ID 83642 C. Representative: Same as Applicant III. UNIFIED DEVELOPMENT CODE Per UDC Table 11-5A-2,vacation of a utility easement falls under"all others",which requires approval from City Council at a public hearing. Page 1 IV. NOTICING City Council Posting Date Newspaper Notification 9/13/2023 Radius notification mailed to 9/8/2023 properties within 500 feet V. STAFF ANALYSIS The Applicant requests approval to vacate the 20'x 20' City of Meridian water easement located along the northeast corner of Lot 5,Block 3 of Gramercy Subdivision No. 1 at 1911 S. Wells Avenue. A Certificate of Zoning Certification and Design Review application(A-2022-0030)has been approved for the construction of a one story, 8,470 square foot office building at this location. The 8- inch water stub that was located within this easement has been abandoned and/or removed. The property is instead served by a water stub at the southeast corner of the site. An exhibit map of the easement proposed to be vacated is included in Section VI below. A relinquishment letter was received from the City of Meridian for the easement proposed to be vacated. Since this is only a City water easement,no other relinquishment letters from the various other utility providers are required. VI. DECISION A. Staff: Staff recommends approval of the vacation o as proposed by the Applicant and as agreed upon by Public Works. Page 2 VII. EXHIBIT Legal Description&Exhibit Map of the Utility Easement Proposed to be Vacated IDAHO 9955 W Emerald St SURVEY Wse, 1p $3704 ISG GROUP Phone: (203)846.8570 Fax: (208)W-3399 Gramercy Lot 5 Block 3 Meridian city water&sanitary sewer Easement vacation Boundary Description Project Arumber 22-052 September 14,2023 That 20-foot by 20-foot Meridian City Water&Sanitary Sewer Easement depicted on the plat of Gramercy Subdivision No.1(Book 99 of Plats at Pages 12619 through 12622, records of Ada County,Idaho)on lot 5 of Black 3,being more particularlytle5cribed a5 follows: Commencing at the northeast comer of Lot 5 of 01ock 3 of Gramercy Subdlvislon No_1; Thence N89°35'S6"W,28.00 feet along the north boundary of Lot 5; Thence,at a right angle,SOD'24"04"W,6.00 feet to the south boundary of the Private Driveway&utility Easement,the 1501N7 OF BEGINNING; Thence continuing 500'24'OVW,20.00 Feet; Thence,at a right aflgle,N$9`35'56"W,20A0 feet; Thence,at a right angle,Nili3"24'04"E,20.00 feet to the south boundary of the Private Driveway&Utility Easement; Thence,at a right angle,589°35'S6"E,20.00 feet along the south boundary of the Private Driveway&Utility Easement to the POINT OF BEGINNING. The above-described easement contains 400 square feet,more of less. Prepared from information of record:the plat of Gramercy Subdivision No. 1. L S�. tea' q1 f34 Page f oft r4'f�f Page 3 jr I 0111 r � ! i a { �Y �� $ 1 � �e��e 11 ��"i C9P•�o.g 4..m.o..paae N fl�r a Page 4 W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2037: An Ordinance amending Unified Development Code section 11-2A-2, Table 11-2A-2, concerning allowed uses in residential districts; amending Unified Development Code section 11-3A-3(A) concerning access to streets; amending Unified Development Code section 11-3C-6, Table 11-3C-6, concerning required parking spaces for residential use; amending Unified Development Code section 11-4-3-2 concerning arts, entertainment or recreation facility specific use standards; amending Unified Development Code section 11-4-3-10 concerning drinking establishment specific use standards; amending Unified Development Code section 11-4-3-27(B) concerning site design requirements for multi-family developments; amending Unified Development Code section 11-4-3-27(C) concerning alternative compliance to open space standards for multifamily developments; amending Unified Development Code section 11-4-3-41 concerning vertically integrated residential project specific use standards; amending Unified Development Code section 11-5A-3(F) concerning request for City Council review; amending Unified Development Code section 11-5A-4 concerning administrative process; amending Unified Development Code section 11-5A-6 concerning public hearing process; amending Unified Development Code section 11-5A-7 concerning City Council review process; amending Unified Development Code section 11-513-5, Table 11-513-5, concerning alternative compliance; amending Unified Development Code section 11-513-5(E) concerning alternative compliance required findings; amending Unified Development Code section 11-5B-6(E) concerning conditional use findings; amending Unified Development Code section 11-6C-3(D) concerning common driveways standards; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2023-056724 BOISE IDAHO Pgs=18 BONNIE OBERBILLIG 10/04/2023 09:14 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 23-2037 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-2A-2, TABLE 11-2A-2, CONCERNING ALLOWED USES IN RESIDENTIAL DISTRICTS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-3A-3(A) CONCERNING ACCESS TO STREETS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-3C- 6, TABLE 11-3C-6, CONCERNING REQUIRED PARKING SPACES FOR RESIDENTIAL USE; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-4-3-2 CONCERNING ARTS, ENTERTAINMENT OR RECREATION FACILITY SPECIFIC USE STANDARDS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-4-3-10 CONCERNING DRINKING ESTABLISHMENT SPECIFIC USE STANDARDS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-4-3-27(B) CONCERNING SITE DESIGN REQUIREMENTS FOR MULTI-FAMILY DEVELOPMENTS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-4-3-27(C) CONCERNING ALTERNATIVE COMPLIANCE TO OPEN SPACE STANDARDS FOR MULTIFAMILY DEVELOPMENTS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-4-3-41 CONCERNING VERTICALLY INTEGRATED RESIDENTIAL PROJECT SPECIFIC USE STANDARDS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-5A-3(F) CONCERNING REQUEST FOR CITY COUNCIL REVIEW; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-5A-4 CONCERNING ADMINISTRATIVE PROCESS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-5A-6 CONCERNING PUBLIC HEARING PROCESS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-5A-7 CONCERNING CITY COUNCIL REVIEW PROCESS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-511-5, TABLE 11-5B-5, CONCERNING ALTERNATIVE COMPLIANCE; AMENDING UNIFIED DEVELOPMENT CODE SECTION 1.1-5B-5(E) CONCERNING ALTERNATIVE COMPLIANCE REQUIRED FINDINGS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-5B-6(E) CONCERNING CONDITIONAL USE FINDINGS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-6C-3(D) CONCERNING COMMON DRIVEWAYS STANDARDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Unified Development Code section 11-2A-2, Table 11-2A-2,be amended as follows: SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE—ZOA 2023-0001 PACE I OF 18 TABLE 11-2A-2 ALLOWED USES IN THE RESIDENTIAL DISTRICTS Use R-2 R-4 R-8 R-15 R-40 Arts, entertainment or recreation facility, - - C C C outdoors ' Cemetery ' - C C C C Church or place of religious worship ' - - C C C Civic, social or fraternal organizations ' - - C C C Daycare center ' - C C P P Daycare, family ' =A A A A C Daycare, group ' - C C P P Direct sales 3 A A A A A Dwelling, secondary I A A A A A Dwelling, single-family attached - C P P P Dwelling, single-family detached P P P P A/C Dwelling, townhouse - C P P C Dwelling, two-family duplex - C P P C Education institution, private ' - C C C C Education institution, public ' - C C P/C P/C Home, manufactured or mobile subdivision - - C C C Home occupation, accessory use ' A A A A A Laundromat ' - - - A A/C Live/work residential project ' - - - C C Manufactured home park - - - C - Multifamily development '°2 - - - C C Nursing or residential care facility ' - - C C C Parking facility - - - - C Parks,public and private P P P P P Personal service - - - - A Professional service - - - - A Public, infrastructure C C C C C Public or quasi-public use ' - - C C C Public utility, minor P P P P P SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2023-0001 PAGE 2 OF 18 Recreational vehicle park - - - - C Restaurant I - - - - A Self-service storage facility, residential I - - - C C Storage facility, outside I A A A A A Storage facility, self-service I A A A A A Vertically integrated residential project I - - - C C Wireless communication facility I P/C P/C P/C P/C P/C Wireless communication facility, amateur radio A/C A/C A/C A/C A/C antenna I Notes: I Indicates uses that are subject to specific use standards in accord with chapter 4 of this title. 2 Multifamily dwellings may be allowed in the R-4 and R-8 Land Use Districts when included in a planned unit development(PUD). 3 Subject to the home occupation, accessory use standards set forth in section 11-4-3-21 of this title. Section 2. That Unified Development Code section 11-3A-3(A)be amended as follows: 11-3A-3. -Access to streets. A. The following standards shall apply to any use and/or property that takes direct access to an arterial and/or collector roadway. Prior to any new, expanded, or extended use or development of the property: 1. Where access to a local street is available, the applicant shall reconfigure the site circulation plan to take access from such local street. 2. Where access to a local street is not available, the property owner shall be required to grant cross-access/ingress-egresses to adjoining properties, either by recorded easement or as a note on a recorded final plat. This standard is intended to apply primarily to nonresidential properties, but may extend to residential properties where the use is anticipated to change to a nonresidential use. 3. All subdivisions must provide local street access to any use that currently takes direct access from an arterial or collector street. SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2023-0001 PAGE 3 OF 18 Section 3. That Unified Development Code section 11-3C-6, Table 11-3C-6,be amended as follows: TABLE 11-3C-6 REQUIRED PARKING SPACES FOR RESIDENTIAL USE Use And Form Number Of Required Parking Spaces I Bedrooms (Per Unit) Dwelling, duplex and dwelling, 1/2 2 per dwelling unit; at least 1 in an enclosed single-family(detached, attached, garage, other space may be enclosed or a minimum townhouse) 10-foot by 20-foot parking pad 2 3/4 4 per dwelling unit; at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad 2 5+ 6 per dwelling unit; at least 3 in an enclosed garage, other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad 2 Studio 1 per dwelling unit Dwelling, multifamily 3'4,5 (triplex, 1 1.5 per dwelling unit; at least 1 in a covered fourplex, apartments, etc.) carport or garage 2 2 per dwelling unit; at least 1 in a covered carport or garage 3 3 per dwelling unit; at least 1 in a covered carport or garage 4+ 3 per dwelling unit; at least 2 in a covered carport or garage Guest spaces 1 per 10 dwelling units Dwelling, secondary 1 As set forth above for single-family dwellings as determined by the total number of bedrooms on the property Nursing and residential care facility 1 0.5 per bed Vertically integrated residential 4 Studio/1 1 per dwelling unit 2/3 1.5 per dwelling unit 4+ 2 per dwelling unit Notes: I The size of the garage or- eafpert required for dwelling units shall be measured by exterior dimensions and shall be at least ten(10) feet by twenty(20)feet for a one-space garage or-eafpe SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2023-0001 PAGE 4 OF 18 and 20 feet by 20 feet for a two-space garage or-ear-pert. All other required parking shall meet the required stall and drive aisle dimensions in UDC Table 11-3C-5. 2 The parking pad shall be measured from edge of sidewalk or edge of paved travel lane (public street,private street, or alley)where no sidewalk exists. For alley accessed properties the parking pad is not required in front of the garage if the garage is located at the five-foot setback to the rear property line; the required parking pad must be provided along the side of the garage unless equivalent off-street parking, as determined by the Director, is provided in accord with Section 11-3C-5, Table 11-3C-5 of this Article. 3 For condominium projects, the required number of parking spaces shall be determined by the Director based on the proposed development. If the proposed development is similar to a single- family development, such standards shall apply. If the proposed development is similar to a multifamily apartment complex, such standards shall apply. 4 The required number of parking spaces for the residential portion of a vertically integrated project shall be in addition to that required for nonresidential uses as listed in subsection B of this section. 5 The required number of parking spaces associated with a nonresidential structure approved as an amenity for a multi-family development (i.e., clubhouse, fitness center, etc.) shall be exempt from the parking standards required for nonresidential uses as listed in subsection B. Section 4. That Unified Development Code section 11-4-3-2 be amended as follows: 1 1-4-3-2. - Arts, entertainment or recreation facility, indoors and outdoors. A. General standards. 1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred(100) feet from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. 2. No outdoor event or activity center shall be located within fifty (50) feet of any property line and shall operate only between the hours of 6:00 a.m. and 11:00 p.m. 3. Accessory uses including, but not limited to, retail, equipment rental, restaurant and drinking establishments, may be allowed if designed to serve patrons of the use only. 4. Outdoor speaker systems shall comply with section 11-3A-13, "outdoor speaker systems", of this title. B. Additional standards for swimming pools. Any outdoor swimming pool shall be completely enclosed within a six-foot nonscalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this Code. C. Additional standards for outdoor stage or musical venue. Any use with a capacity of one hundred (100) seats or more or within one thousand (1,000) feet of a residence or a residential district shall be subject to approval of a conditional use permit. SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2023-0001 PAGE 5 OF 18 D. Outdoor lighting, including lighted fields, designed for the site shall comply with section 11-3A-11, "outdoor lighting," of this title. These standards may be modified throughpproval of a conditional use permit. Section 5. That Unified Development Code section 11-4-3-10 be amended as follows: 11-4-3-10. -Drinking establishment. A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. B. Th-e-If a dDrinking establishments or expansion of such useshall not bels located within three hundred(300) feet of a property used for a church or any other place of worship, or any public or private education institution, it may be allowed with the approval of the decision-making body set forth in Chapter 5 of this title.neri�e drinking establishment be 1eeated within one thousand (1,000) f of of an nd„lt entertainment that this limitation shall not apply to an 17 provided, "ly lieensed premises that at the time of lieensing did not eeme within the r-estr-ieted o therein; the expansion of an existing establishmetA may be allowed with the approval of a eenditional use pefmit as set roi4h in sec ion 11 5B 6 of this title C. nor- drinking establishment shall not be located within one thousand (1,000) feet of an adult entertainment establishment, as defined in Chapter 1, Article A. "definitions," of this Ttitlg; For pr-epei4ies abutting n es de fft nl distr-et, no mAsraeaetivity erevefft shall be allewedviZthe site,-ciyracc with ehapter--'2, n ntsn 7 7 of this title-. D. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with chapter 3, article E, "temporary use requirements", of this title. At n minimum, e (1) p r ing spaee shall be provided for-every twe htmdred fifty(250) squar-e feet of gross floor-area. Upon any ehange of use for-an existing building r tenantspuee, a detailed parking plan shall submitted that identifies the available par-king for-the over-all site that eemplies with the r-equir-ements of this Title. E. At a minimum, one (1) parking space shall be provided for every two hundred fifty (250) square feet of gross floor area. Upon any change of use for an existing building or tenant space, a detailed parking plan shall be submitted that identifies the available parking for the overall site that complies with the requirements of this title. Section 6. That Unified Development Code section 11-4-3-27(B) be amended as follows: B. Site design. 1. Residential-9buildings shall provide a minimum setback of ten(10) feet unless a greater setback is otherwise required by this title and/or Title 10 of this Geode. Building setbacks shall take into account windows, entrances,porches and patios, and how they impact adjacent properties. SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2023-0001 PAGE 6 OF 18 2. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. 3. A minimum of eighty(80) square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section, the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in Section 11-5B-5 of this T-title. 4. For the purposes of this section, vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. 5. No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. 6. The parking shall meet the requirements set forth in Chapter 3, "Regulations Applying To All Districts", of this T-title. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. Section 7. That Unified Development Code section 11-4-3-27(C)be amended as follows: C. Common open space design requirements. 1. The total baseline land area of all qualified common open space shall equal or exceed ten(10)percent of the gross land area for multi-family developments of five (5) acres or more. When multi-family is approved concurrently with single-family, the minimum open space requirements in Section 11-3G-3 shall apply to the gross land area of entire development. 2. All common open space shall meet the following standards: a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for the use of land after all other SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2023-0001 PAGE 7 OF 18 elements of the development have been designed. Open space areas that has been given priority in the development design have: (1)Direct pedestrian access; (2)High visibility; (3) Comply with Crime Prevention through Environmental Design (CTED) standards; and (4) Support a range of leisure and play activities and uses. Irregular shaped, disconnected or isolated open spaces shall not meet this standard. b. Open space shall be accessible and well connected throughout the development. This quality can be shown with open spaces that are centrally located within the development, accessible by pathway and visually accessible along collector streets or as a terminal view from a street. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation, social gathering and relaxation to serve the development. 3. Alternative compliance is available for the standards listed in subsections (C)1 and(C)2 above, if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land use designations with collectively integrated and shared open space areas. 3A. All multi-family projects over twenty(20)units shall provide at least one (1) common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total. Projects that provide safe access to adjacent public parks or parks under a common HOA, without crossing an arterial roadway, are exempt from this standard. a. Minimum size of common grassy area shall be at least five thousand(5,000) square feet in area. This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision-making body. Where this area cannot be increased due to site constraints, it may be included elsewhere in the development. 4.5. In addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred (500) or less square feet of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2023-0001 PAGE 8 OF 18 5-6. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty(20) feet. 6-.7. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. 7-.8. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial street buffers unless separated from the street by a berm or constructed barrier at least four(4) feet in height, with breaks in the berm or barrier to allow for pedestrian access. 8-.9. Buffer(s): One hundred(100)percent of the landscape buffer along collector streets and fifty(50)percent of the landscape buffer along arterial streets that meet the enhanced buffer requirements below may count towards the required baseline open space. a. Enhanced landscaping as set forth in Article 11-3B, Landscaping Requirements; b. Multi-use pathways; c. Enhanced amenities with social interaction characteristics; d. Enhanced context with the surroundings. Section 8. That Unified Development Code section 11-4-3-41 be amended as follows: A. A vertically integrated residential project shall be a structure that contains at least two (2) stories. B. A minimum of twenty-five (25)percent of the gross floor area of a vertically integrated project shall be residential dwelling units, outdoor patio space on the same floor as a residential unit may count towards this requirement. C. A minimum of ten(10)percent of the gross floor area of a vertically integrated project shall be used for nonresidential uses as specified in subsection E below. D. The minimum building footprint for a detached vertically integrated residential project shall be two thousand four hundred(2,400) square feet. E. The allowed nonresidential uses in a vertically integrated project include: arts, entertainment or recreation facility; artist studio; civic, social or fraternal organizations; daycare facility; drinking establishment; education institution; financial institution; healthcare or social assistance; industry, craftsman; laundromat; nursing or residential care facility; personal or professional service; public or quasi- public use; restaurant; retail; or other uses that may be considered through the conditional use permit process. SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2023-0001 PAGE 9 OF 18 F. None of the required parking shall be located in the front of the structure. G. A minimum of fifty(50) square feet of private, usable open space shall be provided for each residential dwelling unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. in ms*,,nees where s*rie* adher-enee to sueh sta-adafd would er-eate ineensisteney with the purpose statements of t4is section, The Director may consider an alternative design proposal through the alternative compliance provisions as set forth in Section 11-5B-5 of this Title. Section 9. That Unified Development Code section 11-5A-3 be amended as follows: 11-5A-3. -Application process. A. Purpose. The purpose of this section is to outline the general application process for a permit or decision under provisions of this title. B.Application requirements. 1. All persons making application for permits and decisions in accord with this title shall submit an application to the Director on forms approved by the Planning and Zoning Commission and provided by the Planning Department. 2. Prior to the commencement of any substantive changes to the application requirements, the Director shall submit the changes to the Planning and Zoning Commission to be considered as an agenda item at a noticed hearing. C.Determination of completeness. 1. An application shall contain all information deemed necessary by the Director to determine if the proposed permit or action will comply with the requirements of the applicable district or development regulation. 2. Upon receipt of a complete application, the city will issue a notice of application acceptance and completion. 3. The Director shall assign a file number and begin processing the application once the application is deemed complete. D. Fee. All complete applications shall be accompanied by a filing fee in an amount established by city ordinance or resolution. E.Resubmitted. No application that has been denied by the Director, the commission, or the Council shall be resubmitted, in substantially the same form for the same use, within one (1) year from the date of denial. The Director may waive the one-year requirement and accept a new application, where the subject property is affected by amendments to the comprehensive plan or to this title. SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2023-0001 PAGE 10 OF 18 F. Request for City Council review. The City Council may be asked to review any decision of the Director or the commission by an applicant, any pa-14y of r-eeefdaffected person, or a City Council member through the provisions set forth in section 11-5A-7, "City Council review process," of this article. Section 10. That Unified Development Code section 11-5A-4(A)be amended as follows: 11-5A-4. -Administrative process. A. For purposes of this section, "„.,..ties of reeor- " "affected person" shall include(11,) the applicant, (22,)property owners of record within one hundred(100) feet of the exterior boundary of the application property, and(3)any person Who, i W-F t.. ,., speeifieally,.equests sueh st.,t„s as to ^ ,..,,4ieul,,.appheation with a bona fide interest in real property that may be affected by a land use decision pertainingto the applicant's request,provided that the person requests, in writing, such status. B. Where the process specified by section 11-5A-2, Ttable 11-5A-2 of this article is administrative with public notice. 1. Prior to submittal of an application, the applicant shall hold a neighborhood meeting in accord with subsection 11-5A-6C of this article, except that notice of such neighborhood meeting shall be provided to all property owners of record within one hundred(100) feet of the exterior boundary of the application property. 2. Upon submission of a complete application, the community development director or designee shall review such application and shall: a. Prepare a final decision of denial, which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code § 67-6519; or b. Prepare a final decision of approval, which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code § 67- 6519 and shall set forth any and all conditions of approval. 3. The community development director or designee shall provide to the applicant notice of the final decision. 4. The community development director or designee shall provide to Vie€ d affected persons notice of the final decision and notice of the opportunity and time within which to seek City Council review of such decision pursuant to section 11-5A-7 of this article. C. Where the process specified by section 11-5A-2, table 11-5A-2 of this article is administrative. 1. Upon submission of a complete application, the community development director or designee shall review such application and shall: SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2023-0001 PAGE 11 OF 18 a. Prepare a final decision of denial, which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code § 67-6519; b. Prepare a final decision of approval,which decision shall be supported by written findings of fact and conclusions of law in accord with Idaho Code § 67-6519 and shall set forth any and all conditions of approval; and/or c. Convene the design professionals committee to provide recommendations on an administrative design review application and/or an alternative compliance request related to an administrative review application. 2. The community development director or designee shall provide to the applicant notice of the final decision. Section 11. That Unified Development Code section 11-5A-6(G)be amended as follows: G. Public hearing. 1. The City Council and/or Planning and Zoning Commission shall conduct the public hearing in accord with the procedures set forth in title I of this Code. 2. If the decision-making body(see section 11-5A-2, table I I-5A-2 of this article) finds that it does not have sufficient information to make a decision, it may continue the public hearing. The decision-making body may also choose to conduct a study session with all pales-of Fe affected persons to address questions and issues related to the application. 3. The decision-making body(see section 11-5A-2, table I I-5A-2 of this article)may require or recommend conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties. 4. After the conduct of the public hearing, the Planning and Zoning Commission may recommend approval, recommend denial, approve, approve with conditions, or deny the application request; the City Council may approve, approve with conditions, or deny the application request. 5. The decision-making body(see section 11-5A-2, table 11-5A-2 of this article) action shall be made within seventy(70) days after receiving all information to make a decision. For applications where the commission is acting as a recommending body, the commission shall forward its recommendation to the Council within seventy(70) days. 6. The decision-making body(see Ssection 11-5A-2, Table 11-5A-2 of this Aarticle) shall provide the applicant written findings of fact and conclusions of law in accord with I.C. 67-6519 and 67-6535 stating the reasons for the decision reached. Conditions of approval shall be attached to the written decision or recommendation. SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2023-0001 PAGE 12 OF 18 7. If revised plans are required by Director, Commission or Council, the applicant shall provide those fifteen(15) days prior to the scheduled hearing for review and approval. If plans are not received within the established timeframe, the project may be continued to extend the review period. Section 12. That Unified Development Code section 11-5A-7 be amended as follows: 11-5A-7. - City Council review process. A. Request for City Council review of a decision of the Director or the Planning and Zoning Commission concerning the administration of this title may be made by an applicant, the Director, or a r,i4y of r-e ,,a an affected person. B. All requests for review shall be filed in writing with the department within fifteen (15) days after the written decision is issued. The request shall include the following information: 1. The decision being requested for review; 2. The name and address of the person requesting the review and their interest in the matter; and 3. The specific grounds upon which the request is made. C. All requests for review of the action of the Director or commission, shall require a de novo public hearing before the City Council as set forth in Section 11-5A-6 of this article to reach a decision to uphold or overrule the action. D. By simple majority vote, the City Council may uphold or overrule the decision. 1. In the case of consideration of a decision of the Director: a. If the action is overruled, the City Council shall issue a written decision and send the matter back to the Director for action consistent with the City Council's decision. b. If the action of the Director is upheld, the City Council shall issue a written decision stating the decision and the reasons for the decision. 2. In the case of consideration of a decision of the commission, if the decision is overruled, the Council shall issue findings consistent with the decision. E. A request for City Council review stays all proceedings in furtherance of the action unless the Director certifies to the Council or commission, after notice of the request is filed, that by reason of facts stated in the application, a stay would in the Director's opinion cause imminent peril to life and property. In such cases,proceedings shall not SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2023-0001 PAGE 13 OF 18 be stayed other than by a restraining order which may be granted by the Council or court based on an application, with notice showing due cause. F. Within ten (10) days, after a decision has been rendered by the City Council, the Director shall send a copy of the written decision to the individual requesting the City Council review and the applicant, as may be applicable. Section 13. That Unified Development Code section 11-5B-5, Table 11-5B-5, be amended as follows: TABLE 11-513-5 ALTERNATIVE COMPLIANCE Permit Section Common driveway 11-6C-3 Common open space and site amenity requirements 11-3G Fence requirements 11-3A-7 Height maximum in Commercial Districts 11-2B-3 Height maximum in Industrial Districts 11-2C-3 Height maximum in TN-C District 11-213-5 Landscape buffer for wireless communication facilities 11-4-3-430E Landscape requirements 11-3B Landscaping for base of freestanding sign 11-3D-8 Lighting standards for pathway along State Highway 55 11-3H-4C3 Multifamily private usable open space standards 11-4-3-27133 Noise abatement standards 11-3H-41) Outdoor lighting requirements 11-3A-11 Parking and loading plan requirements 11-3C-5 Parking requirements 11-3C-6 Private street standards 11-3F-4 Projecting sign allowance 11-3D-8E and F SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE—ZOA 2023-0001 PAGE 14 OF 18 Sign location in the O-T District 11-3D-5 Structure and site design review standards 11-3A-19 Vertically integrated residential project private usable open space standards 11-4-3-41 G Section 14. That Unified Development Code section 11-5B-5(E) be amended as follows: E.Required findings. In order to grant approval for an alternative compliance application, the Difeeto decision-making body shall determine the following: 1. Strict adherence or application of the requirements are not feasible; or 2. The alternative compliance provides an equal or superior means for meeting the requirements; and 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. Section 15. That Unified Development Code section 11-5B-6E be amended as follows: E. Findings. The commission or City Council, as Uplicable, shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this title. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2023-0001 PAGE 15 OF 18 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. Section 16. That Unified Development Code section 11-6C-3(D)be amended as follows: D. Common Driveways. 1.Maximum Dwelling Units Served. Common driveways shall serve a maximum of four (4) dwelling units. In no case shall more than three (3) dwelling units be located on one (1) side of the driveway. 2. Width standards. Common driveways shall be a minimum of twenty(20) feet in width, unless a greater width is required by the City Engineer. All common driveways shall be on a common lot. 3.Maximum length. Common driveways shall be a maximum of one hundred fifty(150) feet in length or less, unless otherwise approved by the Meridian City Fire Department. 4.Improvement standards. Common driveways shall be paved with a surface with the capability of supporting fire vehicles and equipment. 5.Abutting properties. All properties that abut a common driveway shall take access from the driveway; however, if an abutting property has the required minimum street frontage, that property is not required to take access from the common driveway. In this situation, the abutting property's driveway shall be on the opposite side of the shared property line; away from the common driveway. Solid fencing adjacent to common driveways shall be prohibited,unless separated by a minimum five-foot wide landscaped buffer planted with shrubs, lawn or other vegetative groundcover. 6. Turning radius. Common driveways shall be straight or provide a twenty-eight-foot inside and forty-eight-foot outside turning radius. 7.Depictions. For any plats using a common driveway, the setbacks, fencing, building envelope, landscaping and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. 8.Inzress and egressE-asenie ii. A-pPerpetual ingress/egress e-asefflen shall be required either by a recorded easement or as a note on a recorded final plat. filed with the Ad, SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2023-0001 PAGE 16 OF 18 Goo-Ay Reeor- or whieh shall The easement or plat note shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 9.Alternative compliance. The Director may approve or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this section and shall not be detrimental to the public health, safety, and welfare. Section 17. That all other provisions of the Unified Development Code remain unchanged. Section 18. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 3rd day of October, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 3rd day of October, 2023. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2023-0001 PAGE 17 OF 18 CERTIFICATION OF SUMMARY : William L. M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true d complete and upon its publication will provide adequate notice to the public . William L.M . Nary SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . : 23 -2037 An Ordinance amending Unified Development Code section 11 -2A-2, Table 11 -2A-2, concerning allowed uses in residential districts ; amending Unified Development Code section 11 -3A-3 (A) concerning access to streets , amending Unified Development Code section 11 -3C-6, Table 11 -3C-6, concerning required parking spaces for residential use; amending Unified Development Code section 114-3 -2 concerning arts , entertainment or recreation facility specific use standards ; amending Unified Development Code section 114-340 concerning drinking establishment specific use standards ; amending Unified Development Code section 114-3 -27(B) concerning site design requirements for multi-family developments ; amending Unified Development Code section 114-3 - 27(C) concerning alternative compliance to open space standards for multifamily developments , amending Unified Development Code section 114-341 concerning vertically integrated residential project specific use standards; amending Unified Development Code section 11 -5A-3 (F) concerning request for City Council review; amending Unified Development Code section 11 - 5A-4 concerning administrative process ; amending Unified Development Code section 11 -5A-6 concerning public hearing process ; amending Unified Development Code section 11 -5A-7 concerning City Council review process ; amending Unified Development Code section 11 -5B-5 , Table 11 -5B -5 , concerning alternative compliance; amending Unified Development Code section 11 -5B-5 (E) concerning alternative compliance required findings ; amending Unified Development Code section 11 -5B - 6 (E) concerning conditional use findings ; amending Unified Development Code section 11 -6C-3 (1)) concerning common driveways standards ; 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 . i SEPTEMBER 2023 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE - ZOA 202M001 PAGE 18 OF 18